PHHC, LLC v. Secretary of the United States Department of Health and Human Services et. al.
Plaintiff: PHHC, LLC
Defendant: Alex M Azar, Secretary of the United States Department of Health and Human Services, Administrator for the Centers for Medicare and Medicaid Services and Palmetto GBA, LLC
Case Number: 1:2018cv01824
Filed: August 9, 2018
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Christopher A Boyko
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42:1395
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 2, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2018 Filing 25 Response to second plaintiff's supplement to its emergency motion for a temporary restraining order and preliminary injunction and its opposition to defendants' motion to dismiss (related docs #4 , #19 , #24 ) filed by All Defendants. (Johnson, Lisa)
September 27, 2018 Filing 24 Second Supplementation to Its Emergency Motion for a Temporary Restraining Order and Preliminary Injunction and to Its Brief in Opposition to Defendant's Motion to Dismiss with Amended Exhibit Q filed by PHHC, LLC. Related document(s) #23 . (Attachments: #1 Amended Exhibit Q - Order and Opinion)(Childs, John)
September 27, 2018 Filing 23 Second Supplementation to Its Emergency Motion for a Temporary Restraining Order and Preliminary Injunction and to Its Brief in Opposition to Defendant's Motion to Dismiss, filed by PHHC, LLC. Related document(s) #4 , #19 . (Attachments: #1 Exhibit Q Opinion and Order)(Childs, John)
September 26, 2018 Filing 22 Response to plaintiff's supplement to its emergency motion for a temporary restraining order and for preliminary injunction, and its opposition to defendants' motion to dismiss (related docs #4 , #19 , #21 ), filed by Administrator for the Centers for Medicare and Medicaid Services, Palmetto GBA, LLC, Secretary of the United States Department of Health and Human Services. (Johnson, Lisa)
September 24, 2018 Filing 21 Supplementation to Its Emergency Motion for a Temporary Restraining Order and Preliminary Injunction and to Its Brief In Opposition to Defendant's Motion to Dismiss, filed by PHHC, LLC. Related document(s) #4 #20 . (Attachments: #1 Exhibit P Order Granting Plaintiff's Request for a Preliminary Injunction)(Childs, John)
August 31, 2018 Filing 20 Brief in opposition to #19 defendants' motion to dismiss and reply brief in support of #4 plaintiff's Motion for a temporary restraining order and preliminary injunction filed by PHHC, LLC. (Childs, John)
August 24, 2018 Filing 19 Motion to dismiss the complaint #1 , and Response to #4 PHHC, LLC'S emergency Motion for temporary restraining order and preliminary injunction filed by Administrator for the Centers for Medicare and Medicaid Services, Palmetto GBA, LLC, Secretary of the United States Department of Health and Human Services. (Johnson, Lisa) Main document unsigned and event modified on 8/29/2018 (C,KA).
August 21, 2018 Filing 18 Return of Service by Clerk by certified mail executed upon Jeff Sessions, U.S. Attorney General on 8/14/2018 filed on behalf of PHHC, LLC Related document(s) #11 . (W,CM)
August 21, 2018 Filing 17 Return of Service by Clerk by certified mail executed upon Palmetto GBA, LLC on 8/11/2018, filed on behalf of PHHC, LLC Related document(s) #11 . (W,CM)
August 21, 2018 Filing 16 Certified mail receipt returned, addressed to Alex M. Azar, II. Green card contains no signature or date of delivery. Related document(s) #12 . (W,CM)
August 17, 2018 Filing 15 Return of Service by Clerk by certified mail executed upon Administrator for the Centers for Medicare and Medicaid Services on 8/13/2018, filed on behalf of PHHC, LLC Related document(s) #11 . (W,CM)
August 14, 2018 Minutes of proceedings [non-document] before Judge Christopher A. Boyko. Status Conference held on 8/14/2018. Defendants' Opposition to Motion for Temporary Restraining Order due by 8/24/2018; Plaintiff's Reply due by 8/31/2018. (Court Reporter: None; Time: 45 min.) (H,CM)
August 13, 2018 Filing 14 Certified mail receipt upon Justin E. Herdman, United States Attorney (no signature or date of delivery), filed on behalf of PHHC, LLC Related document(s) #1 , #11 . (W,CM)
August 13, 2018 Filing 13 Attorney Appearance by Lisa Hammond Johnson filed by on behalf of Administrator for the Centers for Medicare and Medicaid Services, Secretary of the United States Department of Health and Human Services. (Johnson, Lisa)
August 13, 2018 IMPORTANT: Notice [non-document] of Attorney Status Conference set for 8/14/2018 at 10:00 AM in Chambers 15B before Judge Christopher A. Boyko. (H,CM)
August 9, 2018 Service by Clerk. Summons and Complaint addressed to Administrator for the Centers for Medicare and Medicaid Services Receipt # 7016 0750 0000 9321 3859, Palmetto GBA, LLC Receipt # 7016 0750 0000 9321 3866, Secretary of the United States Department of Health and Human Services Receipt # 7016 0750 0000 9321 3835, United States Attorney Receipt # 7016 0750 0000 9321 3811 and U.S. Attorney General Receipt # 7016 0750 0000 9321 3842 placed in U.S. Mail. Type of service: certified mail. (D,Ky)
August 9, 2018 Filing 12 Original Summons issued to counsel for service upon Secretary of the United States Department of Health and Human Services. (D,Ky)
August 9, 2018 Filing 11 Original Summons and Magistrate Consent Form issued to counsel for service upon U.S. Attorney General, U.S. Attorney, Administrator for the Centers for Medicare and Medicaid Services and Palmetto GBA, LLC. (Attachments: #1 Magistrate Consent Form) (D,Ky)
August 9, 2018 Filing 10 Summons filed by All Plaintiffs. Related document(s) #1 .(Childs, John)
August 9, 2018 Filing 9 Notice of Appearance of Donald Davis, John Childs, Amanda Waesch, Daniel Rudary and Brayn Meek filed by All Plaintiffs. (Childs, John)
August 9, 2018 Filing 8 Corporate Disclosure Statement filed by All Plaintiffs. (Childs, John)
August 9, 2018 Filing 7 Request for Service by the Clerk filed by All Plaintiffs. Related document(s) #1 , #4 .(Childs, John)
August 9, 2018 Filing 6 Certificate of Service filed by All Plaintiffs. Related document(s) #1 .(Childs, John)
August 9, 2018 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (D,Ky)
August 9, 2018 Judge Christopher A. Boyko assigned to case. (D,Ky)
August 9, 2018 Filing 5 Supplement to Complaint - Summons to Complaint, filed by All Plaintiffs. Related document(s) #1 . (Childs, John)
August 9, 2018 Filing 4 Emergency Motion for Temporary Restraining Order and for Preliminary Injunction filed by Plaintiff PHHC, LLC. Related document(s) #3 . (Attachments: #1 Brief in Support #2 Proposed Order, #3 Exhibit A-Review Results Letter (Initial), #4 Exhibit B-Review Results Letter (Subsequent), #5 Exhibit C-Demand Letter (First), #6 Exhibit D-Demand Letter (Second), #7 Exhibit E-Redetermination Request (First), #8 Exhibit Redetermination Request (Second), #9 Exhibit G-Palmetto Redetermination (First), #10 Exhibit H-Palmetto Redetermination (Second), #11 Exhibit I-Reconsideration Request (First), #12 Exhibit J-Reconsideration Request (Second), #13 Exhibit Maximus Reconsideration (First), #14 Exhibit L-Maximus Reconsideration (Second), #15 Exhibit M-ALJ (Administrative Law Judge) Request (First), #16 Exhibit N-ALJ Request (Second), #17 Exhibit O-Cease and Desist Letter)(Childs, John). Added Motion for preliminary injunction on 8/10/2018 (C,KA).
August 9, 2018 Filing 3 FILED IN ERROR. Emergency Motion for temporary restraining order and Preliminary Injunction filed by Plaintiff PHHC, LLC. (Attachments: #1 Brief in Support , #2 Proposed Order )(Childs, John). Added Motion for preliminary injunction on 8/9/2018 (D,Ky). Modified to term motion on 8/10/2018; document refiled (H,CM).
August 9, 2018 Filing 2 Supplement to Complaint - Signed Verification Page, filed by All Plaintiffs. Related document(s) #1 . (Childs, John)
August 9, 2018 Filing 1 Complaint against All Defendant's. Filing fee paid $ 400, Receipt number 0647-8848207. Filed by PHHC, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-Review Results Letter (Initial), #3 Exhibit B-Review Results Letter (Subsequent), #4 Exhibit C-Demand Letter (First), #5 Exhibit D-Demand Letter (Second), #6 Exhibit E-Redetermination Request (First), #7 Exhibit F-Redetermination Request (Second), #8 Exhibit G-Palmetto Redetermination (First), #9 Exhibit H-Palmetto Redetermination (Second), #10 Exhibit I-Reconsideration Request (First), #11 Exhibit J-Reconsideration Request (Second), #12 Exhibit K-Maximus Reconsideration (First), #13 Exhibit L-Maximus Reconsideration (Second), #14 Exhibit M-ALJ Request (First), #15 Exhibit N-ALJ Request (Second), #16 Exhibit O-Cease and Desist Letter) (Childs, John)

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Defendant: Alex M Azar
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Defendant: Secretary of the United States Department of Health and Human Services
Represented By: Lisa Hammond Johnson
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Defendant: Administrator for the Centers for Medicare and Medicaid Services
Represented By: Lisa Hammond Johnson
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Defendant: Palmetto GBA, LLC
Represented By: Lisa Hammond Johnson
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Plaintiff: PHHC, LLC
Represented By: John N. Childs
Represented By: Donald W. Davis, Jr.
Represented By: Amanda L. Waesch
Represented By: Daniel J. Rudary
Represented By: Bryan E. Meek
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