Physician Hospitals of America, et al v. Sebelius
Physician Hospitals of America and Texas Spine & Joint Hospital, Ltd. |
Kathleen Sebelius |
6:2010cv00277 |
June 3, 2010 |
US District Court for the Eastern District of Texas |
Tyler Office |
Anderson |
Michael H. Schneider |
Constitutionality of State Statutes |
28 U.S.C. § 1331 |
None |
Docket Report
This docket was last retrieved on March 31, 2011. A more recent docket listing may be available from PACER.
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Filing 104 RESPONSE in Opposition re 102 MOTION for Leave to File Motion for Summary Judgment filed by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 103 MOTION for Summary Judgment by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Exhibit Florida decision, # 2 Exhibit Talcott affidavit, # 3 Exhibit Justice announcement, # 4 Text of Proposed Order)(Oostdyk, Scott) |
Filing 102 MOTION for Leave to File Motion for Summary Judgment by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Exhibit Motion for Summary Judgment, # 2 Exhibit Ex. A to M.S.J., # 3 Exhibit Ex. B to M.S.J., # 4 Exhibit Ex. C to M.S.J., # 5 Text of Proposed Order Proposed Order re: M.S.J., # 6 Text of Proposed Order Proposed Order re: Leave)(Oostdyk, Scott) |
Filing 101 NOTICE by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd. of Supplemental Authority (Attachments: # 1 Appendix Copy of opinion)(Oostdyk, Scott) |
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Filing 99 RESPONSE to 94 Brief Amicus Curiae of Gilbert Hospital LLC by Kathleen Sebelius. (Risner, Scott) |
Filing 98 MOTION for Leave to File Response to Amicus Curiae Brief of Gilbert Hospital LLC by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
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Filing 96 NOTICE by Gilbert Hospital LLC of Supplement to Certificate of Conference (Bennett, Scott) |
Filing 95 CORPORATE DISCLOSURE STATEMENT filed by Gilbert Hospital LLC (Bennett, Scott) |
Filing 94 BRIEF filed Amicus Brief by Gilbert Hospital LLC. (Bennett, Scott) |
Filing 93 MOTION for Leave to File Amicus Brief by Gilbert Hospital LLC. (Attachments: # 1 Text of Proposed Order)(Bennett, Scott) |
Filing 92 APPLICATION to Appear Pro Hac Vice by Attorney James J Belanger for Gilbert Hospital LLC. (mll, ) |
Filing 91 APPLICATION to Appear Pro Hac Vice by Attorney Scott M Bennett for Gilbert Hospital LLC. (mll, ) |
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Filing 89 MOTION in Limine to Exclude the Testimony of Dr. John E. Schneider by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Risner, Scott) |
NOTICE of Deficiency regarding the 87 submitted by Physician Hospitals of America. Incorrect proposed order. Need to be filed as an attachment. (gsg) |
Filing 88 Proposed Findings of Fact by Kathleen Sebelius. (Attachments: # 1 Exhibit Pretrial Proposed Findings of Fact and Conclusions of Law)(Herb, Kimberly) |
Filing 87 ***FILED IN ERROR. TO BE REFILED BY ATTORNEY.*** Proposed Pretrial Order by Physician Hospitals of America, Kathleen Sebelius, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Exhibit Plaintiffs' Witness List, # 2 Exhibit Plaintiffs' Exhibit List, # 3 Exhibit Defendant's Exhibit List)(Oostdyk, Scott) Modified on 11/24/2010 (gsg). |
Filing 86 SUR-REPLY to Reply to Response to Motion re 83 MOTION for Extension of Time to File Joint Pretrial Order and to Continue Trial Setting filed by Physician Hospitals of America. (Oostdyk, Scott) |
Filing 85 REPLY to Response to Motion re 83 MOTION for Extension of Time to File Joint Pretrial Order and to Continue Trial Setting filed by Kathleen Sebelius. (Risner, Scott) |
Filing 84 RESPONSE in Opposition re 83 MOTION for Extension of Time to File Joint Pretrial Order and to Continue Trial Setting filed by Physician Hospitals of America. (Oostdyk, Scott) (Additional attachment(s) added on 11/18/2010: # 1 Text of Proposed Order) (mjc, ). |
Filing 83 MOTION for Extension of Time to File Joint Pretrial Order and to Continue Trial Setting by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 82 RESPONSE in Opposition re 30 MOTION for Summary Judgment (necessity of trial) filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Birdsong, Lindsey) |
Filing 81 RESPONSE in Opposition re 30 MOTION for Summary Judgment (retroactivity and jurisdiction) filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Birdsong, Lindsey) |
Filing 80 BRIEF filed regarding Inappropriateness of Trial by Kathleen Sebelius. (Attachments: # 1 Exhibit 1)(Herb, Kimberly) |
Filing 79 BRIEF filed regarding Jurisdiction and Retroactivity by Kathleen Sebelius. (Attachments: # 1 Exhibit 1)(Herb, Kimberly) |
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Filing 77 Unopposed MOTION for Extension of Time to File Briefs by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Birdsong, Lindsey) |
Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the hearing on motion for summary judgment held on September 29, 2010 before Judge Michael H. Schneider. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-590-1096. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. (60 pages) Redaction Request due 10/28/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/6/2011. (rem, ) |
Filing 75 Minute Entry for proceedings held before Judge Michael H. Schneider: Motion Hearing held on 9/29/2010 re 30 MOTION for Summary Judgment filed by Kathleen Sebelius, 28 MOTION to Dismiss filed by Kathleen Sebelius. Motions taken under advisement. (Court Reporter Jan Mason.) (lgp, ) |
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Filing 71 RESPONSE to 49 Brief, 57 Brief Amici Curiae of RetireSafe, Texas Medical Association, and Physicians Foundation, Inc. by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Herb, Kimberly) |
Filing 70 Unopposed MOTION for Leave to File Consolidated Response to Amicus Curiae Brief of Texas Medical Association and Physicians Foundation, Inc. and Brief Amicus Curiae of RetireSafe by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Herb, Kimberly) |
Filing 69 RESPONSE to 51 Brief Amicus Curiae of Union Pines, LLC by Kathleen Sebelius. (Attachments: # 1 Exhibit 1)(Herb, Kimberly) |
Filing 68 Unopposed MOTION for Leave to File Response to Amicus Curiae Brief of Union Pines, LLC by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Herb, Kimberly) |
Filing 67 MOTION for Leave to File Excess Pages in Surreply to Defendant's Motion for Summary Judgment by Physician Hospitals of America. (Attachments: # 1 Text of Proposed Order)(Oostdyk, Scott) (Additional attachment(s) added on 9/28/2010: # 2 Text of Proposed Order Corrected) (mjc, ). |
Filing 66 SUR-REPLY to Reply to Response to Motion re 30 MOTION for Summary Judgment filed by Physician Hospitals of America. (Oostdyk, Scott) |
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Filing 64 REPLY to Response to Motion re 28 MOTION to Dismiss filed by Kathleen Sebelius. (Risner, Scott) |
Filing 63 Unopposed MOTION for Leave to File Excess Pages for Reply Memorandum in Support of Motion for Summary Judgment by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 62 REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by Kathleen Sebelius. (Attachments: # 1 Response to Statement of Additional Facts, # 2 Exhibit 1, # 3 Exhibit 2)(Risner, Scott) |
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Filing 58 First MOTION for Leave to File Amicus Curiae Brief by Union Pines LLC. (Attachments: # 1 Exhibit Proposed Order)(Fowler, Rebecca) (Additional attachment(s) added on 9/14/2010: # 2 Text of Proposed Order Corrected) (mjc, ). |
Filing 57 BRIEF filed Amicus Curiae Brief (Corrected with Certificate of Service) by Retiresafe. (Marquez, Jim) |
Filing 56 CORPORATE DISCLOSURE STATEMENT filed by Physicians Foundation, Inc. (Icenogle, Anthony) |
Filing 55 NOTICE of Attorney Appearance by Anthony Lee Icenogle on behalf of Physicians Foundation, Inc. (Icenogle, Anthony) |
Filing 54 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***BRIEF filed Amicus Curiae by Retiresafe. (Marquez, Jim) Modified on 9/10/2010 (mjc, ). |
Filing 53 MOTION for Leave to File Amicus Curiae Brief by Retiresafe. (Attachments: # 1 Text of Proposed Order)(Marquez, Jim) |
Filing 52 CORPORATE DISCLOSURE STATEMENT filed by Texas Medical Association (Wilcox, Donald) |
NOTICE of Deficiency regarding the 50 Motion for Leave to File submitted by Union Pines LLC. Document does not contain a Certificate of Conference. Correction should be made by one business day. (mjc, ) Modified on 9/13/2010 (mjc, ). |
NOTICE of Deficiency regarding the 54 Amicus Curiae Brief submitted by Retiresafe. Document does not contain a Certificate of Service. Correction should be made by one business day. (mjc, ) |
Filing 51 BRIEF filed Amicus Curiae Brief by Union Pines LLC. (Fowler, Rebecca) |
Filing 50 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***First MOTION for Leave to File Amicus Curiae Brief by Union Pines LLC. (Attachments: # 1 Exhibit Proposed Order)(Fowler, Rebecca) Modified on 9/10/2010 (mjc, ). |
Filing 49 BRIEF filed Amicus Curiae Brief by Texas Medical Association. (Wilcox, Donald) |
Filing 48 First MOTION for Leave to File Amicus Curiae Brief by Texas Medical Association. (Attachments: # 1 Text of Proposed Order)(Wilcox, Donald) |
Filing 47 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.***Amicus Curiae APPEARANCE entered by Jim J Marquez on behalf of Retiresafe. (Attachments: # 1 Exhibit Proposed Amicus Brief)(Marquez, Jim) Modified on 9/9/2010 (mjc, ). |
***FILED IN ERROR. Document # 47 Amicus Curiae Appearance. PLEASE IGNORE. TO BE REFILED USING CORRECT DOCKET EVENT.*** (mjc, ) |
Filing 46 RESPONSE in Opposition re 28 MOTION to Dismiss filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Oostdyk, Scott) |
Filing 45 RESPONSE in Opposition re 30 MOTION for Summary Judgment filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Appendix Statement of Facts, # 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, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Text of Proposed Order)(Oostdyk, Scott) |
Filing 44 APPLICATION to Appear Pro Hac Vice by Attorney Rebecca M Fowler for Union Pines LLC. (mll, ) |
Filing 43 APPLICATION to Appear Pro Hac Vice by Attorney Jim J Marquez for Retiresafe. (mll, ) |
Filing 42 APPLICATION to Appear Pro Hac Vice by Attorney Andrea I Schwab for Texas Medical Association. (mll, ) |
Filing 41 APPLICATION to Appear Pro Hac Vice by Attorney Donald P Wilcox for Texas Medical Association. (mll, ) |
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Filing 37 ***CORRECTED DOCUMENT. REPLACES 36 .***NOTICE by Kathleen Sebelius re 36 Reply to Response to Motion -- Notice of Errata for Docket No. 36 (Attachments: # 1 Corrected Reply)(Herb, Kimberly) Modified on 8/23/2010 (mjc, ). |
Filing 36 ***DOCUMENT FILED IN ERROR. PLEASE SEE CORRECTED DOCUMENT 37 .***REPLY to Response to Motion re 31 MOTION for Leave to File Excess Pages for Motion for Summary Judgment, 29 MOTION for Leave to File Excess Pages for Motion to Dismiss filed by Kathleen Sebelius. (Herb, Kimberly) Modified on 8/23/2010 (mjc, ). |
Filing 35 MOTION to Withdraw 4 MOTION for Preliminary Injunction (revised) by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Hudson, Virginia) (Additional attachment(s) added on 8/19/2010: # 2 Corrected Proposed Order) (gsg, ). |
Filing 34 RESPONSE in Opposition re 31 MOTION for Leave to File Excess Pages for Motion for Summary Judgment, 29 MOTION for Leave to File Excess Pages for Motion to Dismiss filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order Alternative #1, # 3 Text of Proposed Order Alternative #2, # 4 Text of Proposed Order Alternative #3, # 5 Text of Proposed Order Alternative #4)(Hudson, Virginia) |
Filing 33 MOTION for Leave to File Excess Pages for Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 32 RESPONSE in Opposition re 4 MOTION for Preliminary Injunction (revised) filed by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Risner, Scott) |
Filing 31 MOTION for Leave to File Excess Pages for Motion for Summary Judgment by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 30 MOTION for Summary Judgment by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Risner, Scott) |
Filing 29 MOTION for Leave to File Excess Pages for Motion to Dismiss by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 28 MOTION to Dismiss by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Risner, Scott) |
***FILED IN ERROR. Document # 25, Motion for Summary Judgment. PLEASE IGNORE.*** (kls, ) |
***FILED IN ERROR. Document # 26, RESPONSE in Opposition re 4 MOTION for Preliminary Injunction (revised) filed by Kathleen Sebelius. PLEASE IGNORE.*** (kls, ) |
***FILED IN ERROR. Document # 24, Motion to Dismiss. PLEASE IGNORE.*** (kls, ) |
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Filing 26 ***DISREGARD ENTRY - FILED IN ERROR AS MULTI-PART PLEADING. ATTORNEY INSTRUCTED TO REFILE*** RESPONSE in Opposition re 4 MOTION for Preliminary Injunction (revised) filed by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Risner, Scott) Modified on 8/17/2010 (kls, ). |
Filing 25 ***DISREGARD ENTRY - FILED IN ERROR AS MULTI-PART PLEADING. ATTORNEY INSTRUCTED TO REFILE*** MOTION for Summary Judgment by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Risner, Scott) Modified on 8/17/2010 (kls, ). |
Filing 24 ***DISREGARD ENTRY - FILED IN ERROR AS MULTI-PART PLEADING. ATTORNEY INSTRUCTED TO REFILE*** MOTION to Dismiss by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Risner, Scott) Modified on 8/17/2010 (kls, ). |
***FILED IN ERROR. Document # 22, Motion to Dismiss or, in the Alternative, Motion for Summary Judgment; and Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction. Deficient for being a multi-part pleading. PLEASE IGNORE.*** (kls, ) |
Filing 23 MOTION for Leave to File Excess Pages for combined Memorandum in Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment, and in Opposition to Plaintiffs' Motion for Preliminary Injunction by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
Filing 22 ***DISREGARD ENTRY - FILED IN ERROR AS MULTI-PART PLEADING*** MOTION to Dismiss or, in the Alternative, MOTION for Summary Judgment ; and Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction by Kathleen Sebelius. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Text of Proposed Order)(Risner, Scott) Modified on 8/16/2010 (kls, ). |
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Filing 20 ***Overruled per Order 21 ***NOTICE by Kathleen Sebelius (DEF.'S OBJECTIONS TO PLS.' DESIGNATION OF EXPERT WITNESS) (Attachments: # 1 Exhibit 1)(Risner, Scott) Modified on 7/6/2010 (sm, ). Modified on 7/6/2010 (sm, ). Modified on 7/14/2010 (gsg). |
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Filing 18 Consent MOTION Reschedule the Hearing Date for Dispositive Motions re 15 Scheduling Conference, 16 Order, Set Deadlines/Hearings,,,, by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Hudson, Virginia) |
Filing 17 APPLICATION to Appear Pro Hac Vice by Attorney Victor L Moldovan for Physician Hospitals of America,Victor L Moldovan for Texas Spine & Joint Hospital, Ltd. (kls, ) |
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Filing 15 Minute Entry for proceedings held before Judge Michael H. Schneider: Scheduling Conference held on 6/17/2010. (Court Reporter Jan Mason.) (lgp, ) |
Filing 14 Submission of Proposed Agreed Docket Control/Scheduling order by Physician Hospitals of America, Kathleen Sebelius, Texas Spine & Joint Hospital, Ltd. (Joint Discovery/Case Management Plan). (Hudson, Virginia) |
Filing 13 NOTICE of Attorney Appearance by Robert Austin Wells on behalf of Kathleen Sebelius (Wells, Robert) |
Filing 12 APPLICATION to Appear Pro Hac Vice by Attorney Sheila M Lieber for Kathleen Sebelius. Approved 6/14/2010. (mjc, ) |
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Filing 10 RESPONSE in Opposition re 9 MOTION to Amend/Correct 8 Order Setting Hearing on Motion for Preliminary Injunction filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Hudson, Virginia) (Additional attachment(s) added on 6/14/2010: # 1 Text of Proposed Order) (mjc, ). |
Filing 9 MOTION to Amend/Correct 8 Order Setting Hearing on Motion by Kathleen Sebelius. (Attachments: # 1 Text of Proposed Order)(Risner, Scott) |
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Filing 7 E-GOV SEALED SUMMONS Issued as to Kathleen Sebelius. (kls, ) |
Filing 6 APPLICATION to Appear Pro Hac Vice by Attorney Scott Risner for Kathleen Sebelius. (gsg) |
Filing 5 APPLICATION to Appear Pro Hac Vice by Attorney Kimberly L Herb for Kathleen Sebelius. (gsg) |
Filing 4 ***WITHDRAWN PER ORDER 39 .*** MOTION for Preliminary Injunction (revised) by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed Order)(Birdsong, Lindsey) Modified on 8/23/2010 (mjc, ). |
Filing 3 NOTICE of Attorney Appearance by Lindsey Scott Birdsong on behalf of Texas Spine & Joint Hospital, Ltd. (Birdsong, Lindsey) |
NOTICE of Deficiency regarding the 2 Motion for Preliminary Injunction submitted by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd. Document is not in searchable pdf format, exhibits need to be filed as attachments and order needs to be revised per the Local Rules. Correction should be made by one business day. (mjc, ) |
Filing 2 ***DOCUMENT FILED IN ERROR. PLEASE DISREGARD.*** MOTION for Preliminary Injunction by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Text of Proposed Order)(Armstrong, Blake) Modified on 6/4/2010 (mjc, ). |
Filing 1 COMPLAINT against Kathleen Sebelius, filed by Physician Hospitals of America, Texas Spine & Joint Hospital, Ltd.. (Attachments: # 1 Civil Cover Sheet)(Armstrong, Blake) (Additional attachment(s) added on 6/7/2010: # 2 Corrected Civil Cover Sheet) (gsg, ). |
Judge Michael H. Schneider added. (mll, ) |
Filing fee paid: $ 350.00, receipt number 6-1-22524 (mjc, ) |
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