Four Winds Behavioral Health, Inc., et al. v. United States of America

Plaintiff: Michael Bryan Drennon, Eugene Michael Rosa, Four Winds Behavioral Health, Inc. and Garrett Kristen Reincke
Defendant: Sonny Perdue, USDA Food And Nutrition Service, United States Department of Agriculture and United States of America
Case Number: 1:2019cv00212
Filed: March 13, 2019
Court: US District Court for the District of New Mexico
Presiding Judge: Laura Fashing
Referring Judge: Steven C Yarbrough
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 28:7422
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on March 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 13, 2019 Filing 24 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Steven C. Yarbrough to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (mnb)
March 13, 2019 Magistrate Judge Steven C. Yarbrough and Magistrate Judge Laura Fashing assigned. (mnb)
March 13, 2019 Filing 23 Case transferred in from District of District of Columbia; Case Number 1:18-cv-02802. Original file, certified copy of transfer order, and docket sheet received via CM/ECF transmission (mnb).
March 13, 2019 Case transferred to the USDC for the New Mexico, pursuant to the Court Order entered 3/13/19. Sent to Court via Extraction. (ztd) [Transferred from District of Columbia on 3/13/2019.]
March 13, 2019 Opinion or Order Filing 22 ORDER granting #21 Unopposed Motion to Transfer. This case is TRANSFERRED to the United States District Court for the District of New Mexico. Because this transfer is by consent and there will be no objections, this case shall be TRANSFERRED FORTHWITH. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on March 13, 2019. (lcckk1) Modified on 3/13/2019 to capitalize "forthwith" (kt). [Transferred from District of Columbia on 3/13/2019.]
March 12, 2019 Filing 21 First MOTION to Transfer Case to the District of New Mexico by FOUR WINDS BEHAVIORAL HEALTH, INC. (Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
March 6, 2019 Filing 20 RESPONSE TO ORDER OF THE COURT re Order, filed by FOUR WINDS BEHAVIORAL HEALTH, INC.. (Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
February 25, 2019 Filing 19 ADMINISTRATIVE RECORD (certified list of contents) by SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA, USDA FOOD AND NUTRITION SERVICE. (Walker, Johnny) [Transferred from District of Columbia on 3/13/2019.]
February 15, 2019 Filing 18 RESPONSE re Order, filed by SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA, USDA FOOD AND NUTRITION SERVICE. (Walker, Johnny) [Transferred from District of Columbia on 3/13/2019.]
February 15, 2019 Filing 17 RESPONSE TO ORDER OF THE COURT re Order, filed by FOUR WINDS BEHAVIORAL HEALTH, INC.. (Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
February 14, 2019 Set/Reset Deadlines: Defendants shall indicate whether they would consent to such a motion to transfer by 2/19/2019. (dot) [Transferred from District of Columbia on 3/13/2019.]
February 14, 2019 Opinion or Order MINUTE ORDER: The Court has received Plaintiffs' #16 Response to Minute Order, which indicates that Plaintiffs may file a motion to transfer this case to the District of New Mexico. By FEBRUARY 19, 2019, Defendants shall indicate whether they would consent to such a motion to transfer. Signed by Judge Colleen Kollar-Kotelly on February 14, 2019. (lcckk1) [Transferred from District of Columbia on 3/13/2019.]
February 13, 2019 Set/Reset Deadlines: Administrative Record due by 4/10/2019. Answer to #1 due by 4/10/2019. (dot) [Transferred from District of Columbia on 3/13/2019.]
February 13, 2019 NOTICE OF CORRECTED DOCKET ENTRY: re #15 Response to Order of the Court, was entered in error and said pleading has been refiled as docket entry #16 . (ztd) [Transferred from District of Columbia on 3/13/2019.]
February 13, 2019 Filing 16 RESPONSE TO ORDER OF THE COURT re Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,, Order on Motion to Vacate,,,,,,, Order on Motion for Extension of Time to,,,,,, filed by FOUR WINDS BEHAVIORAL HEALTH, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
February 13, 2019 Filing 15 ENTERED IN ERROR. . . . .RESPONSE TO ORDER OF THE COURT re Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,, Order on Motion to Vacate,,,,,,, Order on Motion for Extension of Time to,,,,,, filed by FOUR WINDS BEHAVIORAL HEALTH, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Klein, Henry) Modified on 2/14/2019 (ztd). [Transferred from District of Columbia on 3/13/2019.]
February 13, 2019 Opinion or Order MINUTE ORDER: The Court has received Defendants' #14 Motion for an Extension of Time to file a response to the Complaint, which Defendants indicate will be a motion to dismiss. The Court understands that Plaintiffs are opposed to the extension. However, there is good cause, due to the 35-day government shutdown during which defense counsel was prohibited from working on this case and which has resulted in significant backlogs of deadlines. Therefore, the Court shall GRANT Defendants' #14 Motion, for good cause shown. It is hereby ORDERED that by APRIL 10, 2019, Defendants shall answer or otherwise respond to the #1 Complaint, and it is further ORDERED that on or before APRIL 10, 2019, Defendants also shall file the administrative record.The Court has also received Plaintiffs' #6 Rule LCvR 7(n) Motion for Immediate Disclosure of Administrative Record and Vacatur of November 5, 2018 Final Agency Decision ("LCvR 7(n) Motion"), with attendant filings. See ECF Nos. #9 , #12 . The Court shall DENY WITHOUT PREJUDICE Plaintiffs' LCvR 7(n) Motion as premature. The Court finds no reason at this time to depart from the default procedure under Local Civil Rule 7(n) by requiring Defendants to produce the administrative record before Defendants answer or otherwise respond to the Complaint. Moreover, the Court finds that oral argument at this time would not aid in the disposition of Plaintiffs' LCvR 7(n) Motion. Signed by Judge Colleen Kollar-Kotelly on February 13, 2019. (lcckk1) [Transferred from District of Columbia on 3/13/2019.]
February 12, 2019 Filing 14 MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by SONNY PERDUE, UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES OF AMERICA, USDA FOOD AND NUTRITION SERVICE (Attachments: #1 Text of Proposed Order)(Walker, Johnny) [Transferred from District of Columbia on 3/13/2019.]
February 11, 2019 Filing 13 NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) [Transferred from District of Columbia on 3/13/2019.]
January 4, 2019 Filing 12 NOTICE OF SIGNIFICANT DECISION BY THE UNITED STATES SUPREME COURT by FOUR WINDS BEHAVIORAL HEALTH, INC. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
December 19, 2018 Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General December 18, 2018., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/18/2018. ( Answer due for ALL FEDERAL DEFENDANTS by 2/16/2019.) (Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
December 17, 2018 Filing 10 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (ztd) [Transferred from District of Columbia on 3/13/2019.]
December 16, 2018 Filing 9 SUPPLEMENTAL MEMORANDUM re: #6 by FOUR WINDS BEHAVIORAL HEALTH, INC. (Klein, Henry) Modified text on 12/17/2018 (ztd). [Transferred from District of Columbia on 3/13/2019.]
December 14, 2018 Filing 8 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FOUR WINDS BEHAVIORAL HEALTH, INC. (Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
December 14, 2018 Filing 7 REQUEST FOR SUMMONS TO ISSUE to Jessie K. Liu United States Attorney for the District of Columbia and Jeff Sessions Attorney General filed by FOUR WINDS BEHAVIORAL HEALTH, INC..(Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
December 13, 2018 Filing 6 MOTION RULE 7(n) MOTION FOR IMMEDIATE DISCLOSURE OF ADMINISTRATIVE RECORD AND VACATUR OF NOVEMBER 5, 2018 FINAL AGENCY DECISION by FOUR WINDS BEHAVIORAL HEALTH, INC. (Klein, Henry). Added MOTION to Vacate on 12/17/2018 (ztd). [Transferred from District of Columbia on 3/13/2019.]
December 13, 2018 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SONNY PERDUE served on 12/11/2018; UNITED STATES DEPARTMENT OF AGRICULTURE served on 12/11/2018; USDA FOOD AND NUTRITION SERVICE served on 12/11/2018, (Klein, Henry); Modified text on 12/13/2018 (tth). [Transferred from District of Columbia on 3/13/2019.]
December 11, 2018 Opinion or Order Filing 4 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 12/11/18. (DM) [Transferred from District of Columbia on 3/13/2019.]
December 7, 2018 Filing 3 Summons (5 total) Issued as to SONNY PERDUE, (3)UNITED STATES DEPARTMENT OF AGRICULTURE, USDA FOOD AND NUTRITION SERVICE. (ztd) [Transferred from District of Columbia on 3/13/2019.]
December 6, 2018 Filing 2 REQUEST FOR SUMMONS TO ISSUE as to all defendants re Summons Not Issued filed by FOUR WINDS BEHAVIORAL HEALTH, INC.. Related document: Summons Not Issued.(Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]
December 6, 2018 SUMMONS Not Issued as to All Defendants. (zjd) [Transferred from District of Columbia on 3/13/2019.]
December 6, 2018 Case Assigned to Judge Colleen Kollar-Kotelly. (zjd) [Transferred from District of Columbia on 3/13/2019.]
December 3, 2018 Filing 1 COMPLAINT against SONNY PERDUE with Jury Demand ( Filing fee $ 400 receipt number 0090-5819473) filed by FOUR WINDS BEHAVIORAL HEALTH, INC, MICHAEL BRYAN DRENNON, MICHAEL ROSA EUGENE. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit Q, #18 Civil Cover Sheet)(Klein, Henry) [Transferred from District of Columbia on 3/13/2019.]

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Search for this case: Four Winds Behavioral Health, Inc., et al. v. United States of America
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Defendant: Sonny Perdue
Represented By: Johnny Hillary Walker, III
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Defendant: USDA Food And Nutrition Service
Represented By: Johnny Hillary Walker, III
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Defendant: United States Department of Agriculture
Represented By: Johnny Hillary Walker, III
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Defendant: United States of America
Represented By: Johnny Hillary Walker, III
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Plaintiff: Michael Bryan Drennon
Represented By: Henry L. Klein
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Plaintiff: Eugene Michael Rosa
Represented By: Henry L. Klein
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Plaintiff: Four Winds Behavioral Health, Inc.
Represented By: Henry L. Klein
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Plaintiff: Garrett Kristen Reincke
Represented By: Henry L. Klein
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