All Pro Brace, LLC v. United States Department of Health and Human Services, et al.
Plaintiff: All Pro Brace, LLC
Defendant: United States Department of Health and Human Services, Secretary Xavier Becerra, in his official capacity, Center For Medicare And Medicaid Services, Acting Administrator Liz Richter, in her official capacity, Palmetto GBA, Acting Administrator of Center for Medicare and Medicaid Services, Secretary of United States Department of Health and Human Services and Merchants Bonding Company
Case Number: 1:2021cv00896
Filed: April 29, 2021
Court: US District Court for the Northern District of Ohio
Presiding Judge: Pamela A Barker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 4, 2021 Opinion or Order Filing 16 Return of Service by Clerk by certified mail executed upon Palmetto GBA, filed on behalf of All Pro Brace, LLC Related document(s) #5 . (S,SR)
June 4, 2021 Opinion or Order Order [non-document] granting #15 Defendant Palmetto GBA, LLCs Motion for extension of Responsive Pleading until July 16, 2021. Judge Pamela A. Barker on 6/4/2021.(P,K)
June 3, 2021 Opinion or Order Filing 15 Consent Motion for extension of Responsive Pleading until July 16, 2021 filed by Defendant Palmetto GBA. (Zins, David)
June 1, 2021 Opinion or Order Filing 14 Motion for extension of time until 07/13/2021 to answer filed by Defendant Merchants Bonding Company. (Brewer, Lee)
June 1, 2021 Opinion or Order Order [non-document] granting #14 Defendant Merchants Bonding Company's Motion for Extension of Time to Answer. Answer due 7/13/2021. Judge Pamela A. Barker on 6/1/2021.(P,K)
May 28, 2021 Opinion or Order Filing 13 Return of Service by Clerk by certified mail executed upon Secretary of United States Department of Health and Human Services on 5/25/2021, filed on behalf of All Pro Brace, LLC Related document(s) #5 . (T,A)
May 26, 2021 Opinion or Order Filing 12 Return of Service by Clerk by certified mail executed upon Palmetto GBA on 5/14/2021, filed on behalf of All Pro Brace, LLC. Related document(s) #5 . (R,AP)
May 24, 2021 Opinion or Order Filing 11 Return of Service by Clerk by certified mail executed upon United States Department of Health and Human Services Secretary Xavier Becerra c/o Civil Process Clerk for the United States Attorney General on 05/17/2021 filed on behalf of All Pro Brace, LLC. Related document(s) #5 (R,AP)
May 24, 2021 Opinion or Order Filing 10 Return of Service by Clerk by certified mail executed upon Center for Medicare and Medicaid Services Acting Administrator Liz Richter c/o Civil Process Clerk for the U.S. Attorney General, Department of Justice on 05/17/2021 filed on behalf of All Pro Brace, LLC. Related document(s) #5 . (R,AP)
May 24, 2021 Opinion or Order Filing 9 Return of Service by Clerk by certified mail executed upon Merchants Bonding Company on 5/14/2021 (marked c-19) filed on behalf of All Pro Brace, LLC. Related document(s) #5 (R,AP)
May 19, 2021 Opinion or Order Filing 8 Return of Service by Clerk by certified mail executed upon Center for Medicare and Medicaid Services Acting Administrator Liz Richter c/o Civil Process Clerk for the U.S. Attorney General, Northern District of Ohio on 05/13/2021 (marked c-19) filed on behalf of All Pro Brace, LLC. Related document(s) #5 . (R,AP)
May 12, 2021 Opinion or Order Filing 7 Marginal Entry Order granting Plaintiff's Motion to withdraw as attorney #6 . Attorney James E. Peters removed from case. Judge Pamela A. Barker on 5/12/2021.(P,K)
May 11, 2021 Opinion or Order Filing 6 Motion to withdraw as attorney James Peters filed by All Plaintiffs. (Host, Aaren)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Merchants Bonding Company placed in U.S. Mail. Type of service: certified mail. Receipt # 7016 0750 0000 9439 6599. (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Palmetto GBA c/o Statutory Agent placed in U.S. Mail. Type of service: certified mail. Receipt # 7016 0750 0000 9439 6582. (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Secretary of United States Department of Health and Human Services in Cleveland placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 1830 0004 0692 0712. (M,MT) Modified on 5/10/2021 (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Secretary of United States Department of Health and Human Services in Washington placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 1830 0004 0692 0729. (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Acting Administrator of Center for Medicare and Medicaid Services in Cleveland placed in U.S. Mail. Type of service: certified mail. Receipt # 7004 1350 0002 8795 8593. (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Palmetto GBA placed in U.S. Mail. Type of service: certified mail. Receipt # 7008 1830 0004 0692 0750. (M,MT)
May 10, 2021 Opinion or Order Service by Clerk. Summons and Complaint addressed to Acting Administrator of Center for Medicare and Medicaid Services placed in U.S. Mail. Type of service: certified mail. Receipt # 7004 1350 0002 8795 8586. (M,MT)
May 4, 2021 Opinion or Order Notice to Attorney James E. Peters. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (O,K)
May 3, 2021 Opinion or Order Filing 5 Original Summons issued to Counsel for service upon Acting Administrator of Center for Medicare and Medicaid Services, Merchants Bonding Company, Merchants Bonding c/o Statutory Agent, Palmetto GBA, Palmetto GBA, c/o Statutory Agent CT Corporation System, Secretary of United States Department of Health and Human Services. (L,Ja)
April 30, 2021 Opinion or Order Filing 4 Praecipe for issuance of Original Summons filed by All Pro Brace, LLC. Related document(s) #1 . (Attachments: #1 Summons Center for Medicare and Medicaid Services, Acting Administrator Liz Richter, in her official capacity, #2 Summons U.S. Dept. of Health and Human Services, Secretary Xavier Becerra, in his official capacity, #3 Summons U.S. Dept. of Health and Human Services, Secretary Xavier Becerra, in his Official Capacity, #4 Summons Merchants Bonding Company, #5 Summons Palmetto GBA c/o Statutory Agent CT Corporation System, #6 Summons Palmetto GBA, #7 Summons Center for Medicare and Medicaid Services, Acting Administrator Liz Richter, in her official capacity)(Sullivan, Brian)
April 30, 2021 Opinion or Order Filing 3 Magistrate Consent Form issued. Summons not provided, and were not issued. (L,MI)
April 30, 2021 Opinion or Order Judge Pamela A. Barker assigned to case. (L,MI)
April 30, 2021 Opinion or Order Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (L,MI)
April 29, 2021 Opinion or Order Filing 2 Corporate Disclosure Statement filed by All Pro Brace, LLC. (Sullivan, Brian)
April 29, 2021 Opinion or Order Filing 1 Complaint for declaratory judgment against Center For Medicare And Medicaid Services, Merchants Bonding Company, Palmetto GBA, United States Department of Health and Human Services. Filing fee paid $ 402, Receipt number AOHNDC-10807592. Filed by All Pro Brace, LLC. (Attachments: #1 Exhibit A - Competitive Bidding Program, #2 Exhibit B - Letter dated 2-2-21, #3 Exhibit C - Letter dated 4-23-21 , #4 Civil Cover Sheet) (Sullivan, Brian)

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Plaintiff: All Pro Brace, LLC
Represented By: Brian Douglas Sullivan
Represented By: James E. Peters
Represented By: Aaren R. Host
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Defendant: United States Department of Health and Human Services, Secretary Xavier Becerra, in his official capacity
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Defendant: Center For Medicare And Medicaid Services, Acting Administrator Liz Richter, in her official capacity
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Defendant: Palmetto GBA
Represented By: David P. Zins
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Defendant: Acting Administrator of Center for Medicare and Medicaid Services
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Defendant: Secretary of United States Department of Health and Human Services
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Defendant: Merchants Bonding Company
Represented By: Lee M. Brewer
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