Calvary Hospital, Inc. v. Becerra
Plaintiff: Calvary Hospital, Inc.
Defendant: Xavier Becerra, in his capacity as the Secretary of the United States Department of Health and Human Services and Xavier Becerra
Case Number: 1:2023cv08479
Filed: September 26, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: James L Cott
Referring Judge: Gregory H Woods
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42 U.S.C. ยง 1395 Emergency Medical Treatment and Active Labor Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 8, 2023 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint served. Xavier Becerra served on 10/27/2023, answer due 12/26/2023. Service was accepted by United States Attorney. Service was made by Mail. Document filed by Calvary Hospital, Inc.. (Attachments: #1 Supplement Proof of Mailing to Defendant, #2 Supplement Proof of Mailing to U.S. Attorney General).(Hyman, Stacey)
October 20, 2023 Filing 11 CORRECTED COMPLAINT against Xavier Becerra. Document filed by Calvary Hospital, Inc.. (Attachments: #1 Exhibit 1).(Hyman, Stacey) Modified on 10/24/2023 (jgo). Modified on 10/24/2023 (gp).
October 19, 2023 Opinion or Order Filing 10 ORDER granting #9 Letter Motion for Leave to File Document. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
October 19, 2023 Filing 9 LETTER MOTION for Leave to File corrected Complaint to add Exhibit 1 addressed to Magistrate Judge James L. Cott from Stacey A. Hyman dated October 19, 2023. Document filed by Calvary Hospital, Inc...(Hyman, Stacey)
September 29, 2023 Opinion or Order Filing 8 ORDER granting #7 Motion for Stephen D. Bittinger to Appear Pro Hac Vice. Application granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in this case. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
September 29, 2023 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Stephen D. Bittinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28355600. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 28, 2023 Filing 7 MOTION for Stephen D. Bittinger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28355600. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Calvary Hospital, Inc.. (Attachments: #1 Affidavit of Stephen D. Bittinger, #2 Exhibit A- Certificates of Good Standing, #3 Proposed Order for admission Pro Hac Vice).(Bittinger, Stephen)
September 27, 2023 Opinion or Order Filing 6 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) and All such motions. Referred to Magistrate Judge James L. Cott. (Signed by Judge Gregory H. Woods on 9/27/2023) (rro)
September 27, 2023 Filing 5 ELECTRONIC SUMMONS ISSUED as to Xavier Becerra. (vf)
September 27, 2023 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stacey Anne Hyman. The party information for the following party/parties has been modified: Xavier Becerra, in his capacity as the Secretary of the United States Department of Health and Human Services.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (vf)
September 27, 2023 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
September 27, 2023 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
September 27, 2023 Case Designated ECF. (vf)
September 26, 2023 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Calvary Hospital, Inc...(Hyman, Stacey)
September 26, 2023 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Xavier Becerra, in his official capacity as Secretary, United States Department of Health and Human Services, re: #1 Complaint. Document filed by Calvary Hospital, Inc...(Hyman, Stacey)
September 26, 2023 Filing 2 CIVIL COVER SHEET filed..(Hyman, Stacey)
September 26, 2023 Filing 1 COMPLAINT against Xavier Becerra, in his capacity as the Secretary of the United States Department of Health and Human Services. (Filing Fee $ 402.00.)Document filed by Calvary Hospital, Inc...(Hyman, Stacey)

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Plaintiff: Calvary Hospital, Inc.
Represented By: Stacey Anne Hyman
Represented By: Stephen D Bittinger
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Defendant: Xavier Becerra, in his capacity as the Secretary of the United States Department of Health and Human Services
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Defendant: Xavier Becerra
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