Neurological Sugery Practice of Long Island, PLLC v. United States Department of Health and Human Services et al
| Neurological Sugery Practice of Long Island, PLLC |
| United States Department of Health and Human Services, United States Department of the Treasury, United States Department of Labor, Xavier Becerra, Janet Yellen and Julie A. Su |
| 1:2023cv02977 |
| April 20, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
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Filing 19
REPLY in Support re #15 MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiff's Motion for a Preliminary Injunction filed by All Defendants. (Deffebach, Anna)
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Filing 18
RESPONSE to Motion re #15 MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiff's Motion for a Preliminary Injunction, #11 MOTION for Preliminary Injunction filed by Neurological Sugery Practice of Long Island, PLLC. (Attachments: #1 Declaration of Michael Brisman in further support of preliminary injunction) (Breitenbach, Roy)
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Filing 17
Letter MOTION for Leave to File Excess Pages by Neurological Sugery Practice of Long Island, PLLC. (Breitenbach, Roy)
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ORDER granting #17 . Plaintiff's combined memorandum of law may be filed in excess of the 25-page limit, but not to exceed 30 pages. Ordered by Judge Brian M. Cogan on 6/1/2023. (PW)
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Filing 16
RESPONSE in Opposition re #11 MOTION for Preliminary Injunction and in Support of Defendants' Motion to Dismiss filed by All Defendants. (Attachments: #1 Exhibit Ex. A Decl. of William Barron, #2 Exhibit Ex. B. Decl. of Jeff Wu) (Deffebach, Anna)
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Filing 15
MOTION to Dismiss for Failure to State a Claim and Opposition to Plaintiff's Motion for a Preliminary Injunction by Xavier Becerra, Julie A. Su, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Janet Yellen. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A Decl. of William Barron, #3 Exhibit Ex. B. Decl. of Jeff Wu) (Deffebach, Anna)
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Filing 14
Letter Joint Letter Regarding Scheduling by Xavier Becerra, Julie A. Su, United States Department of Health and Human Services, United States Department of Labor, United States Department of the Treasury, Janet Yellen (Deffebach, Anna)
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ORDER re: #14 . The Court sets the following briefing schedule: defendants' Combined Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction and Memorandum in Support of Defendants' Motion to Dismiss due 05/29/23; plaintiff's Combined Memorandum in Opposition to Defendants' Motion to Dismiss and Reply in Support of Plaintiff's Motion for a Preliminary Injunction due 06/05/23; defendants' Reply in Support of Defendants' Motion to Dismiss due 06/12/23. If necessary, the Court will set a schedule for summary judgment briefing and production of the administrative record when the Motion for a Preliminary Injunction and Motion to Dismiss are resolved. Ordered by Judge Brian M. Cogan on 5/26/2023. (PW)
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Filing 13
MOTION for Leave to Electronically File Document under Seal by Neurological Sugery Practice of Long Island, PLLC. (Attachments: #1 Declaration (supplemental) Michael Brisman in support of summary judgment, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Breitenbach, Roy)
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ORDER granting #13 Motion for Leave to Electronically File Document under Seal. The Court finds that this filing contains confidential business and financial information, the confidentiality of which outweighs the publics qualified right of access. Ordered by Judge Brian M. Cogan on 5/22/2023. (PW)
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Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 05/11/23. All parties appeared by telephone. The Government is directed to file a response to plaintiff's motion for a preliminary injunction by 05/29/23. The parties are directed to meet and confer regarding an expedited discovery and trial schedule. (PW) (Not recorded and no court reporter present) Modified on 5/15/2023 (RC).
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Filing 12
Unsigned Order to Show Cause PROPOSED by Neurological Sugery Practice of Long Island, PLLC (Breitenbach, Roy)
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Filing 11
MOTION for Preliminary Injunction by Neurological Sugery Practice of Long Island, PLLC. (Attachments: #1 Declaration Declaration of Michael H. Brisman in Support of Plaintiff's Motion for Preliminary Injunction, #2 Exhibit Exhibit A to Brisman Declaration - NSPC UHC-UMR Determinations) (Breitenbach, Roy)
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Filing 10
NOTICE of Appearance by Anna Lynn Deffebach on behalf of All Defendants (aty to be noticed) (Deffebach, Anna)
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Filing 9
NOTICE of Appearance by Daniel Scott Hallak on behalf of Neurological Sugery Practice of Long Island, PLLC (aty to be noticed) (Hallak, Daniel)
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Filing 8
First MOTION to Adjourn Conference Advance Initial Conference scheduled for June 12th to a sooner date by Neurological Sugery Practice of Long Island, PLLC. (Breitenbach, Roy)
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ORDER granting #8 . Initial Status Conference set for 6/12/2023 is reset for 5/11/2023 at 1:45 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. If plaintiff really wants to expedite this case, it should move for a preliminary injunction by proposed order to show cause with supporting papers rather than waiting for the conference. At least we will have something concrete to talk about at the conference. Ordered by Judge Brian M. Cogan on 5/8/2023. (PW)
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Filing 7
SCHEDULING ORDER: A telephonic Initial Status Conference is set for 6/12/2023 at 2:15 pm. The parties are directed to call 571-353-2301 and enter Meeting ID 642046966#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 5/1/2023. (PW)
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Filing 6
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR)
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Filing 5
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR)
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Filing 4
Summons Issued as to All Defendants. (SR)
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Case Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR)
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Filing 3
Civil Cover Sheet.. by Neurological Sugery Practice of Long Island, PLLC (Breitenbach, Roy)
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Filing 2
Civil Cover Sheet.. Re #1 Complaint, by Neurological Sugery Practice of Long Island, PLLC (Breitenbach, Roy)
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Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a COMPLETED SECOND PAGE Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD)
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Filing 1
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-16620094 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Neurological Sugery Practice of Long Island, PLLC. (Attachments: #1 Proposed Summons Proposed Summons, #2 Civil Cover Sheet Civl Cover Sheet) (Breitenbach, Roy)
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