Brier Creek Integrated Pain and Spine, PLLC v. Becerra
Plaintiff: Brier Creek Integrated Pain and Spine, PLLC
Defendant: Xavier Becerra, in his official capacity as Secretary of United States Department of Health and Human Services and Xavier Becerra
Case Number: 5:2024cv00089
Filed: February 14, 2024
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: James C Dever
2 Judge: Brian S Meyers
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28 U.S.C. ยง 2345 Medicare Recovery
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 20, 2024 Filing 6 Notice filed by Brier Creek Integrated Pain and Spine, PLLC regarding #5 Amended Complaint, Notice of Continuation of Filing. (Attachments: #1 Exhibit 11-A: Spreadsheet with Claim-line Level Rationales, #2 Exhibit 19: Medical Records and Order for Beneficiary C.S., #3 Exhibit 20: Medical Records and Order for Beneficiary M.B., #4 Exhibit 21: Medical Records and Order for Beneficiary T. Bu., #5 Exhibit 22: Medical Records and Order for Beneficiary B.H., #6 Exhibit 23: Medical Records and Order for Beneficiary E.J., #7 Exhibit 24: Medical Records and Order for Beneficiary L.W., #8 Exhibit 25: Medical Records and Order for Beneficiary S.A., #9 Exhibit 26: Medical Records and Order for Beneficiary T. Br., #10 Exhibit 27: Medical Records and Order for Beneficiary L.B., #11 Exhibit 28: Medical Records and Order for Beneficiary J.D., #12 Exhibit 29: Medical Records and Order for Beneficiary F.F., #13 Exhibit 30: Medical Records and Order for Beneficiary L.J., #14 Exhibit 31: Medical Records and Order for Beneficiary E.M., #15 Exhibit 32: Medical Records and Order for Beneficiary J. Mo., #16 Exhibit 33: Medical Records and Order for Beneficiary R. O., #17 Exhibit 34: Medical Records and Order for Beneficiary J.P., #18 Exhibit 35: Medical Records and Order for Beneficiary T. P., #19 Exhibit 36: Medical Records and Order for Beneficiary L.B., #20 Exhibit 37: Medical Records and Order for Beneficiary C.D., #21 Exhibit 38: Medical Records and Order for Beneficiary C.H., #22 Exhibit 39: Medical Records and Order for Beneficiary M.I., #23 Exhibit 40: Medical Records and Order for Beneficiary R.W., #24 Exhibit 41: Medical Records and Order for Beneficiary D.R., #25 Exhibit 42: Medical Records and Order for Beneficiary J.B., #26 Exhibit 43: Medical Records and Order for Beneficiary T.B., #27 Exhibit 44: Medical Records and Order for Beneficiary W.F., #28 Exhibit 45: Medical Records and Order for Beneficiary G.H., #29 Exhibit 46: Medical Records and Order for Beneficiary C. J., #30 Exhibit 47: Medical Records and Order for Beneficiary R. J., #31 Exhibit 48: Medical Records and Order for Beneficiary J. L., #32 Exhibit 49: Medical Records and Order for Beneficiary N.M., #33 Exhibit 50: Medical Records and Order for Beneficiary J.P., #34 Exhibit 51: Medical Records and Order for Beneficiary A.S., #35 Exhibit 52: Medical Records and Order for Beneficiary H.H., #36 Exhibit 53: Medical Records and Order for Beneficiary S. Ba., #37 Exhibit 54: Medical Records and Order for Beneficiary E. H., #38 Exhibit 56: Medical Records and Order for Beneficiary G.B.) (George, Charles) Modified on 2/21/2024 - added exhibit descriptions. (Sellers, N.)
February 20, 2024 Filing 5 AMENDED COMPLAINT against Xavier Becerra, filed by Brier Creek Integrated Pain and Spine, PLLC. (Attachments: #1 Exhibit 1: Index of Exhibits to Complaint, #2 Exhibit 2: Escalation Order, #3 Exhibit 3: 9-22-2016 Initial Determination and 9-27-2016 Demand Letter, #4 Exhibit 4: Redetermination Request (appealing 9-27-16 Demand Ltr.), #5 Exhibit 5: Redetermination Decision, #6 Exhibit 6: Reconsideration_Request_of_1-18-17_Redetermination_Decision, #7 Exhibit 7: June 5, 2017 Reconsideration Decision_Redacted, #8 Exhibit 8: July 7, 2017R Revised Demand Letter, #9 Exhibit 9: ALJ Hearing Request, #10 Exhibit 10: Decision of ALJ Soulikias, #11 Exhibit 11: Review Request Letter to Medicare Appeals Council, #12 Exhibit 12: Request for Escalation, #13 Exhibit 13-A: LCA-A53951 v.1, #14 Exhibit 13-B: LCA-A53951 v.2, #15 Exhibit 13-C: LCA-A53951 v.3, #16 Exhibit 13-D: LCA-A53951 v.4, #17 Exhibit 13-E: LCA-A53951 v.5, #18 Exhibit 13-F: LCA-A53951 v.6, #19 Exhibit 13-G: LCA-A53951 v.7, #20 Exhibit 13-H: LCA-A53951 v.8, #21 Exhibit 14: LCA-A53948, #22 Exhibit 15-A: LCD-35105 v.1, #23 Exhibit 15-B: LCD-35105 v.2, #24 Exhibit 15-C: LCD-35105 v.3, #25 Exhibit 15-D: LCD-35105 v.4, #26 Exhibit 15-E: LCD-35105 v.5, #27 Exhibit 15-F: LCD-35105 v.6, #28 Exhibit 16: Affidavit of Robert Wadley, M.D., #29 Exhibit 17: Brier Creek Integrated Pain and Spine, PLLC Clinical Protocols, #30 Exhibit 18: Correspondence with Palmetto GBA Medical Director Elaine Jeter, #31 Exhibit 55: Standing Orders of BCIPS, #32 Exhibit 57: Expert Report of Bruce Truitt) (George, Charles)
February 20, 2024 TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to United States District Judge Terrence W. Boyle for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future filings should reflect the revised case number of 5:24-CV-89-BO-BM. Signed by Peter A. Moore, Jr., Clerk of Court on 2/20/2024. (Hockaday, A.)
February 15, 2024 Filing 4 Summons Issued as to Xavier Becerra, U.S. Attorney and U.S. Attorney General. (Mann, Stephanie)
February 14, 2024 Filing 3 Financial Disclosure Statement by Brier Creek Integrated Pain and Spine, PLLC (George, Charles)
February 14, 2024 Filing 2 Notice of Appearance filed by Charles George on behalf of Brier Creek Integrated Pain and Spine, PLLC. (George, Charles)
February 14, 2024 Filing 1 COMPLAINT against Xavier Becerra, in his official capacity as Secretary of United States Department of Health and Human Services ( Filing fee $ 405 receipt number BNCEDC-7475764.), filed by Brier Creek Integrated Pain and Spine, PLLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons - Attorney Civil Process Clerk, #3 Proposed Summons Proposed Summons - Attorney General, #4 Proposed Summons Proposed Summons - Xavier Becerra) (George, Charles)

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Plaintiff: Brier Creek Integrated Pain and Spine, PLLC
Represented By: Charles George
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Defendant: Xavier Becerra, in his official capacity as Secretary of United States Department of Health and Human Services
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