Genesis Health Care Inc v. Azar et al
Plaintiff: Genesis Health Care Inc
Defendant: Alex M Azar, II, George Sigounas and Krista Pedley
Case Number: 4:2019cv01531
Filed: May 28, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: R Bryan Harwell
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:702
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 26, 2019 Filing 45 NOTICE of Cancellation of Motion Hearing previously set for 6/28/2019 09:30 AM. (lsut, )
June 26, 2019 Opinion or Order Filing 44 ORDER: The Court GRANTS Plaintiffs motion to amend [ECF No. #31 ]. The Court DENIES Plaintiffs Motion for Preliminary Injunction [ECF No. #32 ] and Emergency Motion to Stay [ECF No. #33 ]. Signed by Chief Judge R Bryan Harwell on 06/26/2019. (lsut, )
June 21, 2019 Filing 43 RESPONSE in Opposition re #41 MOTION to Dismiss for Lack of Jurisdiction Response filed by Genesis Health Care Inc.Reply to Response to Motion due by 6/28/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Harris, Alice)
June 18, 2019 Opinion or Order Filing 42 TEXT ORDER: Any response/reply from Plaintiff to Defendants' #41 Motion to Dismiss is now due by Friday, June 21, 2019. Signed by Chief Judge R. Bryan Harwell on 6/18/2019. (eney, )
June 17, 2019 Filing 41 MOTION to Dismiss for Lack of Jurisdiction by Alex M Azar, II, Krista Pedley, George Sigounas. Response to Motion due by 7/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A, Void Notice)No proposed order.(Bowens, Barbara)
June 11, 2019 Opinion or Order Filing 39 TEXT ORDER granting Defendants' #38 Motion for Extension of Time to file a response to ECF Nos. 31, 32 and 33. Response now due June 17, 2019. Any replies due June 21, 2019. Signed by Chief Judge R Bryan Harwell on 6/11/2019.(tmcb, )
June 7, 2019 Filing 38 MOTION for Extension of Time by Alex M Azar, II. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. (Bowens, Barbara) Modified on 06/11/2019 to correct case number (lsut, )
May 29, 2019 Filing 36 NOTICE of Hearing on Motion #31 MOTION to Amend/Correct, #32 MOTION for Preliminary Injunction, #33 Amended MOTION to Stay : Motion Hearing set for 6/28/2019 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Chief Judge R Bryan Harwell. (lsut, )
May 29, 2019 Opinion or Order Filing 35 TEXT ORDER Lifting Stay: Pursuant to the Court's prior order, see ECF No. #28 , the stay in this case expired May 24, 2019, and that same day, the parties filed a status report asking the Court to end the stay because they were unable to resolve the case. See ECF No. #30 . Also on May 24, 2019, Plaintiff filed a "Motion for Preliminary Injunction," a "Motion to Amend Verified Petition for Judicial Review, Emergency Motion to Stay, and Petition for Declaratory Relief," and an "Amended Verified Petition for Judicial Review, Emergency Motion to Stay, and Petition for Declaratory Relief." See ECF Nos. #31 , #32 , & #33 . Pursuant to Local Civil Rules 7.06 and 7.07 (D.S.C.), Defendants' response to Plaintiff's motions is due by June 7, 2019, and any reply by Plaintiff is due by June 14, 2019. The Court will hear the matter at 9:30 AM on Friday, June 28, 2019. The Court will base its ruling on the affidavits, exhibits, briefs, and arguments from the lawyers. Signed by Chief Judge R. Bryan Harwell on 5/29/2019. (eney, )
May 28, 2019 Filing 34 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 4:18-mc-235 to C/A 4:19-cv-1531-RBH. (mcot, )
May 24, 2019 Filing 33 Amended MOTION to Stay , Verified Petition for Judicial Review, and Petition for Declaratory Relief by Genesis Health Care Inc. Response to Motion due by 6/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit 9, #2 Exhibit Exhibit 10, #3 Exhibit Exhibit 11, #4 Exhibit Exhibit 12, #5 Exhibit Exhibit 13)No proposed order.(Harris, Alice)
May 24, 2019 Filing 32 MOTION for Preliminary Injunction by Genesis Health Care Inc. Response to Motion due by 6/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harris, Alice)
May 24, 2019 Filing 31 MOTION to Amend/Correct Verified Petition for Judicial Review, Emergency Motion to Stay, and Petition for Declaratory Relief by Genesis Health Care Inc. Response to Motion due by 6/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Harris, Alice)
May 24, 2019 Filing 30 STATUS REPORT by Genesis Health Care Inc. (Harris, Alice)
April 9, 2019 Opinion or Order Filing 28 ORDER granting #27 Motion to Stay. The Court hereby stays this action for forty-five (45) days, at which time the Parties shall submit a report advising the Court of the status of the case. Signed by Chief Judge R Bryan Harwell on 4/9/2019. (mcot, )
April 8, 2019 Filing 27 Fifth MOTION to Stay and Status Report by Genesis Health Care Inc. Response to Motion due by 4/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Griffin, James)
March 28, 2019 Filing 26 NOTICE of Appearance by Alice Vincenza Harris on behalf of Genesis Health Care Inc (Harris, Alice)
February 6, 2019 Opinion or Order Filing 24 ORDER granting #23 Fourth Motion to Stay and for Status Report. Signed by the Honorable R Bryan Harwell on 2/6/2019. (hcic, )
February 5, 2019 Filing 23 Fourth MOTION to Stay and Status Report by Genesis Health Care Inc. Response to Motion due by 2/19/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Westbrook, Daniel)
December 7, 2018 Opinion or Order Filing 21 ORDER granting ECF No. #20 Third Motion to Stay and Status Report. The Court hereby stays this action for sixty (60) days, at which time the Parties shall submit a report advising the Court of the status of the case. Signed by Honorable R Bryan Harwell on 12/7/2018. (mcot, )
December 7, 2018 Filing 20 Third MOTION to Stay and Status Report by Genesis Health Care Inc. Response to Motion due by 12/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Westbrook, Daniel)
October 24, 2018 Opinion or Order Filing 18 ORDER granting #17 Joint Motion to Stay. The Court hereby stays this action for 45 days, at which time the Parties shall submit a report advising the Court of the status of the case. Signed by the Honorable R Bryan Harwell on 10/24/2018. (hcic, )
October 23, 2018 Filing 17 Second MOTION to Stay Second Joint Motion to Stay by Alex M Azar, II, Krista Pedley, George Sigounas. Response to Motion due by 11/6/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Bowens, Barbara)
August 28, 2018 Filing 16 TEXT ORDER granting #14 Motion to Withdraw as Attorney. Signed by the Honorable R Bryan Harwell on 08/28/2018. (lsut, )
August 27, 2018 Filing 14 MOTION to Withdraw as Attorney Evan T. Leadem by Genesis Health Care Inc. Response to Motion due by 9/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Westbrook, Daniel)
August 24, 2018 Filing 12 CONSENT ORDER granting #11 Motion to Stay. The Court hereby stays this action for 60 days, at which time the Parties shall submit a report advising the Court of the status of the case. AND IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 8/24/2018.(prou, )
August 24, 2018 Filing 11 Joint MOTION to Stay by Genesis Health Care Inc. Response to Motion due by 9/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Westbrook, Daniel)
August 23, 2018 Filing 10 TEXT ORDER: On June 28, 2018, Plaintiff filed a Verified Petition and Emergency Motion to Stay #1 . The matter was scheduled for a hearing on July 6, 2018. The day before the hearing, on July 5, 2018, Plaintiff withdrew the emergency motion to stay and filed an agreement of the parties, which indicated that Plaintiff was provisionally readmitted to the 340B program. The agreement also indicated that the parties would file a joint proposed briefing schedule and submit the Administrative Record by August 3, 2018. No action has been taken on the case since July 5, and the parties have not sent a proposed briefing schedule or filed the Administrative Record. Accordingly, no later than Monday, August 27, 2018, the parties shall consult and advise the Court whether this case can be dismissed without prejudice. If the case cannot be dismissed without prejudice, the parties shall submit a proposed briefing schedule as contemplated in the agreement of the parties. See [Agreement, ECF No. 7-1]. Signed by Honorable R Bryan Harwell on 8/23/2018. (tmcb, )
July 5, 2018 Filing 8 NOTICE of Cancellation of Hearing: Motion Hearing set for 7/6/2018 at 10:00 AM. (lsut, )
July 5, 2018 Filing 7 Withdrawal of Motions: #1 MOTION to Stay filed by Genesis Health Care Inc.. (Attachments: #1 Exhibit A - Agreement by parties)(Westbrook, Daniel)
July 2, 2018 Filing 6 NOTICE of Appearance by Barbara Murcier Bowens on behalf of Alex M Azar, II, Krista Pedley, George Sigounas (Bowens, Barbara)
June 29, 2018 Filing 5 DELETION OF DOCKET ENTRY NUMBER 3 Reason: Deleted at the direction of Chambers. (hcic, )
June 29, 2018 Filing 4 NOTICE of Hearing on #1 Emergency Motion to Stay: Motion Hearing set for 7/6/2018 at 10:00 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before the Honorable R Bryan Harwell. (hcic, )
June 28, 2018 Filing 1 Verified Petition for Judicial Review and Emergency Motion to Stay by Genesis Health Care Inc.(Filing fee $ 47 receipt number 0420-7859623). Response to Motion due by 7/12/2018. No proposed order.(gnan ): Attachments #1 Exhibit 1- February 14, 2018 Correspondence, # 2 Exhibit 2 - March 13, 2018 Correspondence,#3 Exhibit 3-June 26, 2018 Correspondence, #4 Exhibit 4-Cohen Declaration, #5 Exhibit 5-Matthews Declaration, #6 Exhibit 6-Noyes Declaration

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Defendant: Alex M Azar, II
Represented By: Barbara Murcier Bowens
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Defendant: George Sigounas
Represented By: Barbara Murcier Bowens
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Defendant: Krista Pedley
Represented By: Barbara Murcier Bowens
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Plaintiff: Genesis Health Care Inc
Represented By: James Mixon Griffin
Represented By: Daniel J Westbrook
Represented By: Alice Vincenza Harris
Represented By: Evan Thomas Leadem
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