Texas Medical Association et al v. United States Department of Health and Human Services et al
| Texas Medical Association, Tyler Regional Hospital, LLC, Dr. Adam Corley, Houston Radiology Associated and Texas Radiological Society |
| United States Department of Health and Human Services, Office of Personnel Management, Department of Labor, Department of the Treasury, Centers for Medicare and Medicaid Services, Xavier Becerra, Kiran Ahuja, Janet Yellen, Martin J. Walsh and Chiquita Brooks-LaSure |
| American Society of Anesthesiologists, American College of Radiology, American College of Emergency Physicians and Emergency Department Practice Management Association |
| 6:2023cv00059 |
| January 30, 2023 |
| US District Court for the Eastern District of Texas |
| Jeremy D Kernodle |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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NOTICE of Deficiency regarding the Motion to Withdraw submitted Attorney is not of record. Correction should be made (gsm)
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Filing 49
***DEFICIENT FILING. DISREGARD.*** MOTION to Withdraw as Attorney Kelsey M. Taylor by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (Attachments: #1 Text of Proposed Order)(McArthur, Eric) Modified on 5/19/2023 (gsm).
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Filing 48
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motions Hearing Proceedings held on 4/19/2023 before Judge Jeremy D. Kernodle. Court Reporter: Shea Sloan, shea_sloan@txed.uscourts.gov. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) 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.. Motion to Redact due 5/25/2023. Release of Transcript Restriction set for 8/2/2023. (sms, )
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Filing 47
PAPER TRANSCRIPT REQUEST by Texas Medical Association for proceedings held on 4/19/2023 Motion Hearing before Judge Jeremy D. Kernodle. (Forwarded to Shea Sloan) (McArthur, Eric) Modified on 4/20/2023 (bga).
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Filing 46
Minute Entry for proceedings held before District Judge Jeremy D. Kernodle: Motion Hearing held on 4/19/2023 re #16 Joint MOTION to Expedite (joint motion to set an expedited summary judgment briefing schedule) filed by Tyler Regional Hospital, LLC, Texas Medical Association, Adam Corley, Texas Radiological Society, Houston Radiology Associated. (2:01 pm - 3:15 pm) Attorney Appearances: Plaintiff - Eric D. McArthur, Madeleine Joseph, Brenna E. Jenny; Defense - Anna L. Deffebach. (No exhibits) (Court Reporter Shea Sloan) (esw)
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Filing 45
REPLY to Response to Motion re #41 Cross MOTION for Summary Judgment and Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment filed by Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen. (Deffebach, Anna)
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Filing 44
RESPONSE in Opposition re #41 Cross MOTION for Summary Judgment and Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (Attachments: #1 Text of Proposed Order)(McArthur, Eric)
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Filing 43
NOTICE by Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen of Filing of Certified Administrative Record (Attachments: #1 Appendix AR Vol. 1, #2 Appendix AR Vol. 2, #3 Appendix AR Vol. 3, #4 Appendix AR Vol. 4, #5 Appendix AR Vol. 5, #6 Appendix AR Vol. 6, #7 Appendix AR Vol. 7, #8 Appendix AR Vol. 8, #9 Appendix AR Vol. 9, #10 Appendix AR Vol. 10, #11 Appendix AR Vol. 11, #12 Appendix AR Vol. 12)(Deffebach, Anna)
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Filing 42
RESPONSE in Opposition re #18 MOTION for Summary Judgment and Memorandum in Support Thereof filed by Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen. (Deffebach, Anna) (Additional attachment(s) added on 3/24/2023: #1 Proposed Order) (gsm, ).
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Filing 41
Cross MOTION for Summary Judgment and Memorandum in Opposition to Plaintiffs' Motion for Summary Judgment by Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen. (Attachments: #1 Text of Proposed Order)(Deffebach, Anna)
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Filing 40
AFFIDAVIT of Service for All issued Summonses and Complaint for Declaratory and Injunctive Relief served on United States Attorney for the Eastern District of Texas on 2/15/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 39
BRIEF filed (Amicus) by Emergency Department Practice Management Association. (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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Bierig, Jack)
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Filing 38
BRIEF filed (Amicus) by American College of Emergency Physicians, American College of Radiology, American Society of Anesthesiologists. (Attachments: #1 Exhibit (Schedule of), #2 Exhibit A. Nicola Declaration, #3 Exhibit B. Young Declaration, #4 Exhibit C. Raley Declaration)(Connelly, Ronald)
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Filing 37
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on U.S. Office of Personnel Management on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 36
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Centers for Medicare & Medicaid Services on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 35
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Janet Yellen, in her official capacity as the Secretary of the Treasury on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 34
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Martin J. Walsh, in his official capacity as the Secretary of Labor on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 33
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Chiquita Brooks-LaSure, in her official capacity as Administrator of the Centers for Medicare and Medicaid Services on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 32
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on United States Department of the Treasury on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 31
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on United States Department of Labor on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 30
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on United States Department of Health and Human Services on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 29
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Xavier Becerra, in his official capacity as the Secretary of Health and Human Services on 02/09/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 28
AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Kiran Ahuja, in her official capacity as the Director of the Office of Personnel Management on 2/9/2023, filed by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (McArthur, Eric)
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Filing 27
CORPORATE DISCLOSURE STATEMENT filed by Emergency Department Practice Management Association (Bierig, Jack)
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Filing 26
ORDER granting #20 Motion for Extension of Time. ORDERED that the deadline for any amicus curiae brief in support of Plaintiffs is extended toFebruary 21, 2023. Signed by District Judge Jeremy D. Kernodle on 2/15/2023. (gsm)
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Filing 25
Unopposed MOTION for Extension of Time to File Amicus Brief by Emergency Department Practice Management Association. (Attachments: #1 Text of Proposed Order)(Bierig, Jack)
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Filing 24
NOTICE of Attorney Appearance - Pro Hac Vice by Jack R. Bierig on behalf of Emergency Department Practice Management Association. Filing fee $ 100, receipt number ATXEDC-9358035. (Bierig, Jack)
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Filing 23
NOTICE of Attorney Appearance by Stafford Grigsby Helm Davis on behalf of Emergency Department Practice Management Association (Davis, Stafford)
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Filing 22
NOTICE of Attorney Appearance by Catherine Susan Bartles on behalf of Emergency Department Practice Management Association (Bartles, Catherine)
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Filing 21
CORPORATE DISCLOSURE STATEMENT filed by American College of Emergency Physicians, American College of Radiology, American Society of Anesthesiologists (Connelly, Ronald)
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Filing 20
Unopposed MOTION for Extension of Time to File Amicus Brief in Support of Plaintiffs by American College of Emergency Physicians, American College of Radiology, American Society of Anesthesiologists. (Attachments: #1 Text of Proposed Order)(Connelly, Ronald)
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Filing 19
NOTICE of Attorney Appearance - Pro Hac Vice by Ronald S. Connelly on behalf of American Society of Anesthesiologists, American College of Radiology, American College of Emergency Physicians. Filing fee $ 100, receipt number ATXEDC-9355856. (Connelly, Ronald)
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Filing 18
MOTION for Summary Judgment and Memorandum in Support Thereof by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Proposed Order)(McArthur, Eric) Modified on 2/14/2023 (gsm).
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Filing 17
ORDER Setting Hearing on Motion #16 Joint MOTION to Expedite (joint motion to set an expedited summary judgment briefing schedule): Motion Hearing set for 4/19/2023 at 02:00 PM in Tyler Courthouse before District Judge Jeremy D. Kernodle. Signed by District Judge Jeremy D. Kernodle on 2/13/2023. (gsm)
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Filing 16
Joint MOTION to Expedite (joint motion to set an expedited summary judgment briefing schedule) by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC. (Attachments: #1 Text of Proposed Order)(McArthur, Eric)
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Filing 15
NOTICE of Attorney Appearance by Anna L Deffebach on behalf of All Defendants (Deffebach, Anna)
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RELATED CASES. District Judge Jeremy D. Kernodle added. District Judge J. Campbell Barker no longer assigned to case. (gsm)
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Filing 14
NOTICE of Designation of Attorney in Charge to Eric D McArthur on behalf of Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC (McArthur, Eric)
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Filing 13
NOTICE of Attorney Appearance - Pro Hac Vice by Matthew Guillod on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9346410. (Guillod, Matthew)
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Filing 12
NOTICE of Attorney Appearance - Pro Hac Vice by Manuel Valle on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9345899. (Valle, Manuel)
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Filing 11
NOTICE of Attorney Appearance - Pro Hac Vice by Madeleine Joseph on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9345515. (Joseph, Madeleine)
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Filing 10
NOTICE of Attorney Appearance - Pro Hac Vice by Jaime L.M. Jones on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9345500. (Jones, Jaime)
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Filing 9
NOTICE of Attorney Appearance - Pro Hac Vice by Brenna E Jenny on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9345482. (Jenny, Brenna)
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Filing 8
NOTICE of Attorney Appearance - Pro Hac Vice by Eric D McArthur on behalf of All Plaintiffs. Filing fee $ 100, receipt number ATXEDC-9345463. (McArthur, Eric)
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Filing 7
SUMMONS Issued as to Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen. (Attachments: #1 Summons(es), #2 Summons(es), #3 Summons(es), #4 Summons(es), #5 Summons(es), #6 Summons(es), #7 Summons(es), #8 Summons(es), #9 Summons(es))(ndc)
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District Judge J. Campbell Barker added. (gsm)
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Filing 6
CORPORATE DISCLOSURE STATEMENT filed by Houston Radiology Associated (Reid, Penny)
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Filing 5
CORPORATE DISCLOSURE STATEMENT filed by Texas Radiological Society (Reid, Penny)
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Filing 4
CORPORATE DISCLOSURE STATEMENT filed by Tyler Regional Hospital, LLC identifying Other Affiliate AHS East Texas Health System, LLC, Other Affiliate East Texas Health System, LLC, Other Affiliate University of Texas Health Sciences Center at Tyler for Tyler Regional Hospital, LLC. (Reid, Penny)
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Filing 3
CORPORATE DISCLOSURE STATEMENT filed by Texas Medical Association (Reid, Penny)
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Filing 2
NOTICE by Adam Corley, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society, Tyler Regional Hospital, LLC of Related Cases (Reid, Penny)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kiran Ahuja, Xavier Becerra, Chiquita Brooks-LaSure, Centers for Medicare and Medicaid Services, Department of Labor, Department of the Treasury, Office of Personnel Management, United States Department of Health and Human Services, Martin J. Walsh, Janet Yellen ( Filing fee $ 402 receipt number ATXEDC-9332369.), filed by Adam Corley, Tyler Regional Hospital, LLC, Houston Radiology Associated, Texas Medical Association, Texas Radiological Society. (Attachments: #1 Civil Cover Sheet)(Reid, Penny)
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