Brier Creek Integrated Pain & Spine PLLC v. United States Department of Health & Human Services et al
Plaintiff: Brier Creek Integrated Pain & Spine PLLC
Defendant: Alex M. Azar, II, United States Department of the Treasury, Steve Mnuchin, Centers for Medicare & Medicaid Services, United States Department of Health & Human Services and Seema Verma
Case Number: 5:2019cv00300
Filed: July 19, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: W Earl Britt
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 42:1395
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2019 NOTICE of Hearing on #6 MOTION for Preliminary Injunction: Motion Hearing set for 9/19/2019 at 9:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Herrmann, L.)
September 6, 2019 Filing 18 Notice of Appearance filed by Neal Fowler on behalf of All Defendants. (Fowler, Neal)
September 5, 2019 Opinion or Order Filing 17 ORDER granting #6 Motion for Temporary Restraining Order: The court GRANTS plaintiff's motion for a temporary restraining order and RESERVES ruling on plaintiff's motion for a preliminary injunction. (DE # 6.) The temporary restraining order expires at 5:00 pm on Thursday, 19 September 2019. Further, the court DIRECTS the clerk to set a hearing on plaintiffs motion for a preliminary injunction on Thursday, 19 September 2019. Signed by Senior Judge W. Earl Britt on 9/5/2019. (Lee, L.)
August 29, 2019 Motion Submitted to Senior Judge W. Earl Britt: #6 MOTION for Temporary Restraining Order and Preliminary Injunction. (Herrmann, L.)
August 27, 2019 REMINDER TO COUNSEL regarding #10 Reply to Response to Motion. Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.)
August 26, 2019 Filing 16 Affidavit of Service for Complaint and Summons for Seema Verma filed by Brier Creek Integrated Pain & Spine PLLC on 8/14/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to Verma) (George, Charles)
August 26, 2019 Filing 15 Affidavit of Service for Complaint and Summons for United States Department of the Treasury filed by Brier Creek Integrated Pain & Spine PLLC on 8/15/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to Treasury) (George, Charles)
August 26, 2019 Filing 14 Affidavit of Service for Complaint and Summons for Steve Mnuchin filed by Brier Creek Integrated Pain & Spine PLLC on 8/15/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to Mnuchin) (George, Charles)
August 26, 2019 Filing 13 Affidavit of Service for Complaint and Summons of United States Department of Health & Human Services filed by Brier Creek Integrated Pain & Spine PLLC on 8/14/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to HHS) (George, Charles)
August 26, 2019 Filing 12 Affidavit of Service for Complaint and Summons for Centers for Medicare & Medicaid Services filed by Brier Creek Integrated Pain & Spine PLLC on 8/15/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to CMS) (George, Charles)
August 26, 2019 Filing 11 Affidavit of Service for Complaint and Summons for Alex M. Azar, II filed by Brier Creek Integrated Pain & Spine PLLC on 8/14/19. (Attachments: #1 Exhibit A - Delivery Confirmation to US Attorney, #2 Exhibit B - Delivery Confirmation to Attorney General, #3 Exhibit C - Delivery Confirmation to Azar) (George, Charles)
August 26, 2019 Filing 10 REPLY to Response to Motion regarding #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Brier Creek Integrated Pain & Spine PLLC. (Attachments: #1 Exhibit A - Petitioner-Appellant Brief, #2 Exhibit B - Medicare Fact Sheet) (George, Charles)
August 12, 2019 REMINDER TO COUNSEL regarding #9 Response in Opposition. Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.)
August 12, 2019 Filing 9 RESPONSE in Opposition regarding #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Alex M. Azar, II, Centers for Medicare & Medicaid Services, Steve Mnuchin, United States Department of Health & Human Services, United States Department of the Treasury, Seema Verma. (Attachments: #1 Exhibit 1 - Dashevskiy v. Cochran, #2 Exhibit 2 - Office of Medicare Hearings and Appeal - HHS Data on Appeals, #3 Exhibit 3 - CMS Website - Pain management Practitioners) (Fowler, Neal)
July 23, 2019 TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to Senior United States District Judge W. Earl Britt for all further proceedings. Chief United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings shall reflect the revised case number of 5:19-CV-300-BR. Signed by Peter A. Moore, Jr., Clerk of Court on 7/23/2019. (Hockaday, A.)
July 22, 2019 Filing 8 Summons Issued as to Alex M. Azar, II, Centers for Medicare & Medicaid Services, Steve Mnuchin, United States Department of Health & Human Services, United States Department of the Treasury, Seema Verma. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
July 19, 2019 Filing 7 Memorandum in Support regarding #6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Brier Creek Integrated Pain & Spine PLLC. (George, Charles)
July 19, 2019 Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Brier Creek Integrated Pain & Spine PLLC. (George, Charles)
July 19, 2019 Filing 5 Financial Disclosure Statement by Brier Creek Integrated Pain & Spine PLLC (George, Charles)
July 19, 2019 Filing 4 Notice of Appearance filed by Thomas Cullen Stafford on behalf of Brier Creek Integrated Pain & Spine PLLC. (Stafford, Thomas)
July 19, 2019 Filing 3 Notice of Appearance filed by Frank S. Kirschbaum on behalf of Brier Creek Integrated Pain & Spine PLLC. (Kirschbaum, Frank)
July 19, 2019 Filing 2 Notice of Appearance filed by Charles George on behalf of Brier Creek Integrated Pain & Spine PLLC. (George, Charles)
July 19, 2019 Filing 1 COMPLAINT against Alex M. Azar, II, Centers for Medicare & Medicaid Services, Steve Mnuchin, United States Department of Health & Human Services, United States Department of the Treasury, Seema Verma ( Filing fee $ 400 receipt number 0417-5028012.), filed by Brier Creek Integrated Pain & Spine PLLC. (Attachments: #1 Exhibit 1 - 8/14/13 medical records request, #2 Exhibit 2 - Notice of Suspension of Medicare Payments, #3 Exhibit 3 - 5/22/14 medical request letter, #4 Exhibit 4 - 11/13/14 Notice of Suspension Extension, #5 Exhibit 5 - 11/14/14 medical records request, #6 Exhibit 6 - 11/12/15 Advancemed results letter, #7 Exhibit 7 - 2/26/16 Redetermination decision, #8 Exhibit 8 - 3/7/16 Redetermination decision, #9 Exhibit 9 - 3/15/16 Redetermination decision, #10 Exhibit 10 - 2/26/16 Reconsideration Request Letter, #11 Exhibit 11 - 3/7/16 Reconsideration Request Letter, #12 Exhibit 12 - 3/15/16 Reconsideration Request Letter, #13 Exhibit 13 - 7/14/16 Reconsideration decision, #14 Exhibit 14 - 7/14/16 Reconsideration decision, #15 Exhibit 15 - 7/15/16 Reconsideration decision, #16 Exhibit 16 - Request for ALJ hearing, #17 Exhibit 17 - Request for ALJ hearing, #18 Exhibit 18 - Request for ALJ hearing, #19 Exhibit 19 - 11/18/15 medical records request, #20 Exhibit 20 - 9/27/16 demand letter, #21 Exhibit 21 - 10/18/16 Redetermination request, #22 Exhibit 22 - 1/18/17 Redetermination decision, #23 Exhibit 23 - 3/22/17 Reconsideration request, #24 Exhibit 24 - 6/5/17 Reconsideration decision, #25 Exhibit 25 - 7/31/17 Request for ALJ hearing, #26 Civil Cover Sheet, #27 Proposed Summons United States Department of Health & Human Services, #28 Proposed Summons Alex M. Azar, II, #29 Proposed Summons Centers for Medicare & Medicaid Services, #30 Proposed Summons Seema Verma, #31 Proposed Summons United States Department of the Treasury, #32 Proposed Summons Steve Mnuchin) (George, Charles)

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Defendant: Alex M. Azar, II
Represented By: Neal Fowler
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Defendant: United States Department of the Treasury
Represented By: Neal Fowler
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Defendant: Steve Mnuchin
Represented By: Neal Fowler
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Defendant: Centers for Medicare & Medicaid Services
Represented By: Neal Fowler
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Defendant: United States Department of Health & Human Services
Represented By: Neal Fowler
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Defendant: Seema Verma
Represented By: Neal Fowler
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Plaintiff: Brier Creek Integrated Pain & Spine PLLC
Represented By: Charles George
Represented By: Thomas Cullen Stafford
Represented By: Frank S. Kirschbaum
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