A1 Diabetes & Medical Supply v. Secretary for the United States Department of Health and Human Services, Alex M. Azar, II et al

Plaintiff: A1 Diabetes & Medical Supply
Defendant: Secretary for the United States Department of Health and Human Services, Alex M. Azar, II, Administrator for the Centers for Medicare and Medicaid Services, Seema Verma, Alex M Azar, II and Seema Verma
Case Number: 2:2018cv02612
Filed: September 4, 2018
Court: US District Court for the Western District of Tennessee
Presiding Judge: Charmiane G Claxton
Referring Judge: John T Fowlkes
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 October 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2018 Opinion or Order Filing 37 ORDER granting DE #36 Motion for Extension of Time to Answer signed by Judge John T. Fowlkes, Jr. on 10/29/2018. (Fowlkes, John)
October 25, 2018 Filing 36 First MOTION for Extension of Time to File Answer re #1 Complaint, submitted with proposed Order by Alex M Azar, II, Seema Verma. (Waldrop, Matt)
October 12, 2018 Opinion or Order Filing 35 ORDER [TEXT ONLY - NO IMAGE ATTACHED] terminating DE #33 Motion as Moot Per DE #34 Order Granting and Extending Preliminary Injunction signed by Judge John T. Fowlkes, Jr. on 10/12/18. (Fowlkes, John)
October 12, 2018 Opinion or Order Filing 34 ORDER Granting and Extending Plaintiff's Request for Preliminary Injunction signed by Judge John T. Fowlkes, Jr. on 10/12/18. (Fowlkes, John)
October 12, 2018 Filing 33 MOTION re #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction (Proposed Order Submitted) by A1 Diabetes & Medical Supply. (Nelson, Jonathan)
October 5, 2018 Filing 32 REPLY to Response to Motion re #31 Response in Opposition to Motion to Dismiss Verified Complaint for Temporary Restraining Order and Preliminary Injunction filed by Alex M Azar, II, Seema Verma. (Waldrop, Matt)
September 28, 2018 Filing 31 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A1 Diabetes & Medical Supply. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nelson, Jonathan)
September 25, 2018 Filing 30 NOTICE by A1 Diabetes & Medical Supply re #29 Order on Motion for TRO, Order on Motion for Preliminary Injunction Notice of Non-Compliance (Nelson, Jonathan)
September 21, 2018 Opinion or Order Filing 29 ORDER granting DE #8 Motion for Preliminary Injunction signed by Judge John T. Fowlkes, Jr. on 9/21/2018. (Fowlkes, John)
September 20, 2018 Filing 28 Minute Entry for proceedings held before Judge John T. Fowlkes, Jr: Motion Hearing held on 9/20/2018 re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by A1 Diabetes & Medical Supply. Both Parties present in Court. Motion for Preliminary Injunction heard & Granted. Plaintiff to file response, response deadline is 09/28/2018; Defendant's response deadline is 10/05/2018. The Court will enter an Order for Temporary Injunctive Relief effective until 10/12/2018. After the filing deadlines have passed the Court will enter a final Order. (Plaintiff: John S. Golwen, Jonathan Edward Nelson, Parker Davis Eason)(Defense: Matt Waldrop) (Court Reporter Lynn Dudley.) (wrh)
September 19, 2018 Opinion or Order Filing 27 ORDER granting DE #20 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 9/18/2018. (Fowlkes, John)
September 19, 2018 Opinion or Order Filing 26 ORDER granting DE #22 Motion for Leave to File Excess Pages signed by Judge John T. Fowlkes, Jr. on 9/18/2018. (Fowlkes, John)
September 19, 2018 Filing 25 NOTICE by A1 Diabetes & Medical Supply re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Notice of Supplemental Declaration in Support of Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Exhibit A - Declaration of Justin Ferreira, #2 Exhibit 1 to Declaration of Justin Ferreira)(Nelson, Jonathan)
September 19, 2018 Filing 24 RESPONSE in Opposition re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Alex M Azar, II, Seema Verma. (Waldrop, Matt)
September 19, 2018 Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alex M Azar, II, Seema Verma. (Attachments: #1 Memorandum, #2 Exhibit)(Waldrop, Matt)
September 18, 2018 Filing 22 MOTION for Leave to File Excess Pages submitted with proposed Order by Alex M Azar, II, Seema Verma. (Waldrop, Matt)
September 18, 2018 Filing 21 NOTICE of Appearance by Matt Waldrop on behalf of Alex M Azar, II, Seema Verma (Waldrop, Matt)
September 13, 2018 Filing 20 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-2878265) by A1 Diabetes & Medical Supply. (Attachments: #1 Certificates of Good Standing)(Eastin, Parker)
September 11, 2018 Filing 19 SETTING LETTER: Re [TEXT ORDER NO - IMAGE ATTACHED]: The preliminary injunction hearing Re DE #8 , MOTION for Preliminary Injunction, is set for 9/20/2018 09:30 AM in Courtroom 3 - Memphis before Judge John T. Fowlkes Jr.(Fowlkes, John) (Fowlkes, John) (Entered: 09/11/2018)
September 7, 2018 Opinion or Order Filing 18 ORDER granting DE #7 Motion for Leave to Appear Pro Hac Vice signed by Judge John T. Fowlkes, Jr. on 9/6/2018. (Fowlkes, John)
September 7, 2018 Filing 17 SUMMONS Returned Executed by A1 Diabetes & Medical Supply as to The US Attorney for the Western District of Tennessee. (Nelson, Jonathan)
September 6, 2018 Opinion or Order Filing 16 ORDER DENYING TRO AND SETTING PRELIMINARY INJUNCTION HEARING DATE signed by Judge John T. Fowlkes, Jr. on 9/6/2018. (Fowlkes, John)
September 6, 2018 Filing 15 Summons Issued as to The United States Department of Justice. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 6, 2018 Filing 14 Summons Issued as to The US Attorney Western District of Tennessee. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 6, 2018 Filing 13 Summons Issued as to The United States Attorney. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 6, 2018 Filing 12 Summons Issued as to Seema Verma. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 6, 2018 Filing 11 Summons Issued as to Alex M Azar, II. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jld)
September 6, 2018 Filing 10 NOTICE of Summons by Jonathan Edward Nelson on behalf of A1 Diabetes & Medical Supply. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(Nelson, Jonathan)
September 5, 2018 Filing 9 MEMORANDUM in Support re #8 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by A1 Diabetes & Medical Supply. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Nelson, Jonathan)
September 5, 2018 Filing 8 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by A1 Diabetes & Medical Supply. (Nelson, Jonathan)
September 5, 2018 Filing 7 MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-2871245) by A1 Diabetes & Medical Supply. (Attachments: #1 Certificates of Good Standing)(Nicholson, Robert)
September 5, 2018 Filing 6 NOTICE of Appearance by John S. Golwen on behalf of A1 Diabetes & Medical Supply (Golwen, John)
September 5, 2018 Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jae)
September 5, 2018 Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jae)
September 5, 2018 Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae)
September 4, 2018 Filing 2 Judge John T. Fowlkes, Jr and Magistrate Judge Charmiane G. Claxton added. (jae)
September 4, 2018 Filing 1 COMPLAINT for Temporary Restraining Order and Preliminary Injunction against All Defendants (Filing fee $ 400 receipt number ATNWDC-2870471), filed by A1 Diabetes & Medical Supply. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Nelson, Jonathan)

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Plaintiff: A1 Diabetes & Medical Supply
Represented By: Jonathan Edward Nelson
Represented By: Parker Davis Eastin
Represented By: John S. Golwen
Represented By: Robert N Nicholson
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Defendant: Secretary for the United States Department of Health and Human Services, Alex M. Azar, II
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Defendant: Administrator for the Centers for Medicare and Medicaid Services, Seema Verma
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Defendant: Alex M Azar, II
Represented By: Matt Waldrop
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Defendant: Seema Verma
Represented By: Matt Waldrop
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