Tyler Regional Hospital, LLC dba UT Health Tyler et al v. Department of Health and Human Services et al
| Tyler Regional Hospital, LLC dba UT Health Tyler and East Texas Health System, LLC |
| Department of Health and Human Services, Xavier Becerra, in his official capacity as Secretary of Health and Human Services, Health Resources and Services Administration and Carole Johnson, in her official capacity as Administrator of Health Resources and Services Administration |
| 6:2023cv00134 |
| March 16, 2023 |
| US District Court for the Eastern District of Texas |
| J Campbell Barker |
| 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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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
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Filing 24
FINAL JUDGMENT. Signed by District Judge J. Campbell Barker on 5/17/2023. (ndc)
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Filing 23
OPINION AND ORDER granting #15 emergency motion for summary judgment. Signed by District Judge J. Campbell Barker on 5/17/2023. (ndc)
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Filing 22
Minute Entry for proceedings held before District Judge J. Campbell Barker: motion hearing held on 5/16/2023 regarding #15 emergency motion for summary judgment from 1:05-3:09 pm. Attorney appearances: Plaintiff - James Tysse; Defense - James Gillingham. (No exhibits) (Court Reporter Susan Zielie.) (ndc)
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Filing 21
COURT ORDER that, pursuant to Federal Rule of Civil Procedure 65(a), the parties are notified that the court may issue a preliminary injunction on plaintiffs' emergency motion for remedies including interim injunctive relief (Doc. 15 at 23) and that, pursuant to Federal Rule of Civil Procedure 65(b), the court may advance the trial on the merits to be consolidated with the hearing on that motion for a preliminary injunction (see Doc. 16). Ordered by District Judge J. Campbell Barker on 5/15/2023. (ndc)
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Filing 20
REPLY to Response to Motion re #15 Emergency MOTION for Summary Judgment by Plaintiffs or, in the Alternative, to Shorten Time for Response, and Memorandum in Support filed by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. (Warrick, Laura)
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Filing 19
RESPONSE in Opposition re #15 Emergency MOTION for Summary Judgment by Plaintiffs or, in the Alternative, to Shorten Time for Response, and Memorandum in Support Response to Plaintiff's Emergency Motion for Summary Judgment filed by Department of Health and Human Services. (Attachments: #1 Exhibit Huttinger Declaration, #2 Exhibit Exhibits to Declaration, #3 Text of Proposed Order)(Gillingham, James)
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Filing 18
COURT ORDER: The court grants #17 motion for extension of time to file response. Defendants shall respond no later than 5:00 p.m. on May 12, 2023. All other deadlines remain the same. Ordered by District Judge J. Campbell Barker on 5/11/2023. (ndc)
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Filing 17
Opposed MOTION for Extension of Time to File Response/Reply as to #15 Emergency MOTION for Summary Judgment by Plaintiffs or, in the Alternative, to Shorten Time for Response, and Memorandum in Support by Department of Health and Human Services. (Attachments: #1 Text of Proposed Order)(Gillingham, James)
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Filing 16
ORDER Setting Hearing on #15 emergency motion for summary judgment and setting expedited briefing schedule. Defendants' response is due 5/11/2023 at 5:00 PM. Plaintiffs' reply is due 5/14/2023 at 11:59 PM. Motion hearing set for 5/16/2023 at 01:00 PM before District Judge J. Campbell Barker. Signed by District Judge J. Campbell Barker on 5/9/2023. (ndc)
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Filing 15
Emergency MOTION for Summary Judgment by Plaintiffs or, in the Alternative, to Shorten Time for Response, and Memorandum in Support by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. (Attachments: #1 Text of Proposed Order, #2 Declaration of Timothy J. Miner, #3 Exhibit A to Miner Declaration, #4 Exhibit B to Miner Declaration, #5 Exhibit C to Miner Declaration, #6 Exhibit D to Miner Declaration, #7 Exhibit E to Miner Declaration, #8 Exhibit F to Miner Declaration, #9 Exhibit G to Miner Declaration, #10 Exhibit H to Miner Declaration, #11 Exhibit I to Miner Declaration, #12 Exhibit J to Miner Declaration, #13 Exhibit K to Miner Declaration)(Warrick, Laura)
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Filing 14
SUMMONS Returned Executed by Tyler Regional Hospital, LLC dba UT Health Tyler, East Texas Health System, LLC. Carole Johnson, in her official capacity as Administrator of Health Resources and Services Administration served on 3/20/2023, answer due 5/19/2023; Department of Health and Human Services served on 3/20/2023, answer due 5/19/2023; Health Resources and Services Administration served on 3/20/2023, answer due 5/19/2023; Xavier Becerra, in his official capacity as Secretary of Health and Human Services served on 3/20/2023, answer due 5/19/2023. (Attachments: #1 Summons(es) Proof of Service - Health Resources, #2 Summons(es) Proof of Service - DHHS, #3 Summons(es) Proof of Service - Becerra, #4 Summons(es) Proof of Service - Garland, #5 Summons(es) Proof of Service - Featherston (Answer due 5/19/2023 for all based on U.S. Attorney service date on 3/20/2023.))(Warrick, Laura)
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NOTICE of Deficiency regarding the 13 submitted by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. Incorrect docketing event. (wea, )
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Filing 13
***DEFICIENT FILING. PLEASE DISREGARD.***AFFIDAVIT of Service for Summons(es) [(Main/Lead File) Summons(es) Proof of Service - Johnson] served on Johnson, Health Resources, Garland, Featherston, DHHS and Becerra on 3/17/2023 (Featherston on 3/20/2023). Answer due 5/19/2023, filed by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. (Attachments: #1 Summons(es) Proof of Service - Health Resources, #2 Summons(es) Proof of Service - Garland, #3 Summons(es) Proof of Service - Featherston, #4 Summons(es) Proof of Service - DHHS, #5 Summons(es) Proof of Service - Becerra)(Warrick, Laura).
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Filing 12
NOTICE of Attorney Appearance - Pro Hac Vice by Caroline Lewis Wolverton on behalf of East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. Filing fee $ 100, receipt number ATXEDC-9412135. (Wolverton, Caroline)
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Filing 11
NOTICE of Attorney Appearance - Pro Hac Vice by Kelly M. Cleary on behalf of East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. Filing fee $ 100, receipt number ATXEDC-9409516. (Cleary, Kelly)
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Filing 10
SUMMONS Issued as to All Defendants. (Attachments: #1 Summons(es) - Health Resources, #2 Summons(es) - Garland, #3 Summons(es) - Featherston, #4 Summons(es) - DHHS, #5 Summons(es) - Becerra)(gsm).
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Filing 9
NOTICE of Attorney Appearance - Pro Hac Vice by James Tysse on behalf of East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. Filing fee $ 100, receipt number ATXEDC-9409009. (Tysse, James)
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Filing 8
CORPORATE DISCLOSURE STATEMENT filed by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler identifying Corporate Parent AHS East Texas Health System, LLC, Corporate Parent AHS Texas, LLC, Corporate Parent Ardent Legacy Holdings, LLC, Corporate Parent AHP Health Partners, Inc., Corporate Parent Ardent Health Partners, LLC, Other Affiliate East Texas Health System, LLC for East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler. (Warrick, Laura)
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Filing 7
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.*** NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Merrick Garland, Attorney General of the United States) (Warrick, Laura).
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Filing 6
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.*** NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Brit Featherston, U.S. Attorney for the Eastern District of Texas) (Warrick, Laura).
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Filing 5
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.*** NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Carole Johnson, Administrator, Health Resources and Services Administration) (Warrick, Laura).
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Filing 4
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.***NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Health Resources and Services Administration) (Warrick, Laura).
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Filing 3
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.***NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Xavier Becerra, Secretary, Department of Health and Human Services) (Warrick, Laura).
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Filing 2
***FILED IN ERROR. ATTORNEY TO EMAIL CLERK SUMMONS. PLEASE DISREGARD.*** NOTICE by East Texas Health System, LLC, Tyler Regional Hospital, LLC dba UT Health Tyler re Proposed Summons (Department of Health and Human Services) (Warrick, Laura).
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 receipt number ATXEDC-9406606.), filed by Tyler Regional Hospital, LLC dba UT Health Tyler, East Texas Health System, LLC. (Attachments: #1 Civil Cover Sheet)(Warrick, Laura)
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (wea, )
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COURT ORDER: The court adopts in this case Judge Barker's standing orders, which may be obtained from his page on the court's website and may be updated without separate docket entry. All parties and counsel are ordered to stay abreast of the current standing orders and to comply with those orders and with the court's local rules. Noncompliance with those standing orders or local rules may result in a sanction or other disadvantage. (wea, )
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District Judge J. Campbell Barker added. (wea, )
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| Search for this case: Tyler Regional Hospital, LLC dba UT Health Tyler et al v. Department of Health and Human Services et al | |
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| Plaintiff: Tyler Regional Hospital, LLC dba UT Health Tyler | |
| Represented By: | Laura Page Warrick |
| Represented By: | James Tysse |
| Represented By: | Caroline Lewis Wolverton |
| Represented By: | Kelly M. Cleary |
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| Plaintiff: East Texas Health System, LLC | |
| Represented By: | Laura Page Warrick |
| Represented By: | James Tysse |
| Represented By: | Caroline Lewis Wolverton |
| Represented By: | Kelly M. Cleary |
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| Defendant: Department of Health and Human Services | |
| Represented By: | James Garland Gillingham |
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| Defendant: Xavier Becerra, in his official capacity as Secretary of Health and Human Services | |
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| Defendant: Health Resources and Services Administration | |
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| Defendant: Carole Johnson, in her official capacity as Administrator of Health Resources and Services Administration | |
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