Alice Peck Day Memorial Hospital et al v. Smith et al
Plaintiff: Alice Peck Day Memorial Hospital, Valley Regional Hospital, Inc. and Cheshire Medical Center
Defendant: State of Vermont Agency of Human Services, Centers for Medicare & Medicaid Services, US Department of Health and Human Services, Secretary, Centers for Medicare and Medicaid Services, Acting Administrator and Vermont Agency of Human Services, Secretary
Case Number: 2:2021cv00102
Filed: March 31, 2021
Court: US District Court for the District of Vermont
Presiding Judge: Kevin J Doyle
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05:551
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 1, 2021 Filing 20 NOTICE of Attorney Substitution by David R. McLean, Esq as to State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary(McLean, David)
March 31, 2021 Filing 19 CASE TRANSFERRED IN from District of New Hampshire electronically; Case Number 1:20-cv-00919.
February 25, 2021 Opinion or Order Filing 18 ///ORDER granting #10 Motion to Change Venue. The court directs the clerk to transfer this action to the United States District Court for the District of Vermont. So Ordered by Chief Judge Landya B. McCafferty. (gla) [Transferred from New Hampshire on 4/1/2021.]
November 20, 2020 Filing 17 AFFIDAVIT of Service of Summons and Complaint as to All Defendants filed by Alice Peck Day Memorial Hospital, Valley Regional Hospital, Inc., Cheshire Medical Center. Served/Mailed on 9/17/2020. (Attachments: #1 Exhibit A - Smith (Sheriff Service), #2 Exhibit B - Smith (Cert/RR), #3 Exhibit C - VAHS (Sheriff Service), #4 Exhibit D - VAHS (Cert/RR), #5 Exhibit E - Azar (Cert/RR), #6 Exhibit F - Verma (Cert/RR), #7 Exhibit G - CMS (Cert/RR), #8 Exhibit H - Barr (Cert/RR), #9 Exhibit I - Cohen (Cert/RR))(Schultz, Kierstan) [Transferred from New Hampshire on 4/1/2021.]
November 20, 2020 Filing 16 SURREPLY to Reply to #10 MOTION to Change Venue filed by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc.. (O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]
November 20, 2020 Filing 15 REPLY to Objection to Motion re #10 MOTION to Change Venue filed by State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary. Surreply due by 11/25/2020. (Spottswood, Eleanor) [Transferred from New Hampshire on 4/1/2021.]
November 19, 2020 Opinion or Order ENDORSED ORDER granting #14 Motion for Leave to File Reply to Plaintiffs' Objection. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Miscellaneous Deadline set for 11/24/2020. (gla) [Transferred from New Hampshire on 4/1/2021.]
November 4, 2020 Filing 14 MOTION for Leave to File Reply to Plaintiffs' Objection (this document replaces Document 13) filed by State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary.Follow up on Objection on 11/18/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A)(Spottswood, Eleanor) [Transferred from New Hampshire on 4/1/2021.]
November 4, 2020 Filing 13 REFILED, See Document #14 . Assented to MOTION for Leave to File Reply to Plaintiffs' Objection filed by State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary. (Attachments: #1 Exhibit A)(Spottswood, Eleanor) Modified on 11/4/2020 to add: Refiled language (de). [Transferred from New Hampshire on 4/1/2021.]
October 27, 2020 Filing 12 OBJECTION to #10 MOTION to Change Venue filed by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc.. Follow up on Reply on 11/3/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]
October 19, 2020 Opinion or Order ENDORSED ORDER granting #11 Assented to Motion to Extend Time to Answer to 14 Days Following a Ruling on the Pending Motion to Transfer or November 9, 2020, Whichever is Later. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty.(js) [Transferred from New Hampshire on 4/1/2021.]
October 16, 2020 Filing 11 Assented to MOTION to Extend Time to Answer to 14 Days Following a Ruling on the Pending Motion to Transfer or November 9, 2020, Whichever is Later filed by Centers for Medicare & Medicaid Services, Centers for Medicare and Medicaid Services, Acting Administrator, US Department of Health and Human Services, Secretary. Attorney Robert J. Rabuck added to party Centers for Medicare & Medicaid Services(pty:dft), Attorney Robert J. Rabuck added to party Centers for Medicare and Medicaid Services, Acting Administrator(pty:dft), Attorney Robert J. Rabuck added to party US Department of Health and Human Services, Secretary(pty:dft).(Rabuck, Robert) [Transferred from New Hampshire on 4/1/2021.]
October 13, 2020 Filing 10 MOTION to Change Venue filed by State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary.Follow up on Objection on 10/27/2020. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Alice Peck Day Contract, #2 Exhibit B - Cheshire Med Ctr Contract, #3 Exhibit C - Valley Reg Hosp Contract)(Spottswood, Eleanor) [Transferred from New Hampshire on 4/1/2021.]
October 9, 2020 Opinion or Order ENDORSED ORDER granting #9 Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty.(js) [Transferred from New Hampshire on 4/1/2021.]
October 8, 2020 Filing 9 Assented to MOTION to Extend Time to Answer filed by State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary.(Spottswood, Eleanor) [Transferred from New Hampshire on 4/1/2021.]
October 8, 2020 Filing 8 NOTICE of Attorney Appearance by Eleanor Laurel Pullin Spottswood on behalf of State of Vermont Agency of Human Services, Vermont Agency of Human Services, Secretary Attorney Eleanor Laurel Pullin Spottswood added to party State of Vermont Agency of Human Services(pty:dft), Attorney Eleanor Laurel Pullin Spottswood added to party Vermont Agency of Human Services, Secretary(pty:dft).(Spottswood, Eleanor) [Transferred from New Hampshire on 4/1/2021.]
September 4, 2020 Filing 7 Summonses issued electronically as to Centers for Medicare & Medicaid Services, Centers for Medicare and Medicaid Services, Acting Administrator, State of Vermont Agency of Human Services, US Department of Health and Human Services, Secretary, Vermont Agency of Human Services, Secretary. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: #1 Notice ECF)(mc) [Transferred from New Hampshire on 4/1/2021.]
September 4, 2020 NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. (mc) [Transferred from New Hampshire on 4/1/2021.]
September 2, 2020 Filing 6 NOTICE of Attorney Appearance by Morgan C. Nighan on behalf of Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. Attorney Morgan C. Nighan added to party Alice Peck Day Memorial Hospital(pty:pla), Attorney Morgan C. Nighan added to party Cheshire Medical Center(pty:pla), Attorney Morgan C. Nighan added to party Valley Regional Hospital, Inc.(pty:pla).(Nighan, Morgan) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:20-cv-919-LM. Please show this number with the judge designation on all future pleadings. (mc) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Filing 5 Disclosure Statement by Valley Regional Hospital, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Filing 4 Disclosure Statement by Cheshire Medical Center disclosing a parent company, one or more publicly traded companies, and no merger agreement. (O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Filing 3 Disclosure Statement by Alice Peck Day Memorial Hospital disclosing a parent company, one or more publicly traded companies, and no merger agreement. (O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Filing 2 NOTICE of Attorney Appearance by Kierstan Ellicott Schultz on behalf of Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. Attorney Kierstan Ellicott Schultz added to party Alice Peck Day Memorial Hospital(pty:pla), Attorney Kierstan Ellicott Schultz added to party Cheshire Medical Center(pty:pla), Attorney Kierstan Ellicott Schultz added to party Valley Regional Hospital, Inc.(pty:pla).(Schultz, Kierstan) [Transferred from New Hampshire on 4/1/2021.]
August 31, 2020 Filing 1 NEW CASE/ COMPLAINT Filing fee $ 400, receipt number ANHDC-2020285 filed by Alice Peck Day Memorial Hospital, Valley Regional Hospital, Inc., Cheshire Medical Center. (Attachments: #1 Exhibit A - Attachment 4.19-A to the Vermont SPA, #2 Exhibit B - Attachment 4.19-B to the Vermont SPA, #3 Civil Cover Sheet, #4 Summons - Waiver Michael Smith, #5 Summons - Waiver State of VT AHS, #6 Summons - Waiver Alex Azar, #7 Summons - Waiver Seema Verma, #8 Summons - Waiver Centers for Medicare & Medicaid Services)(O'Connell, W.) [Transferred from New Hampshire on 4/1/2021.]

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Defendant: State of Vermont Agency of Human Services
Represented By: Eleanor L. Spottswood, Esq.
Represented By: David R. McLean, Esq.
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Defendant: Centers for Medicare & Medicaid Services
Represented By: Robert J. Rabuck
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Defendant: US Department of Health and Human Services, Secretary
Represented By: Robert J. Rabuck
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Defendant: Centers for Medicare and Medicaid Services, Acting Administrator
Represented By: Robert J. Rabuck
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Defendant: Vermont Agency of Human Services, Secretary
Represented By: Eleanor L. Spottswood, Esq.
Represented By: David R. McLean, Esq.
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Plaintiff: Alice Peck Day Memorial Hospital
Represented By: Kierstan Ellicott Schultz
Represented By: W. Scott O'Connell, Esq.
Represented By: Morgan C. Nighan
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Plaintiff: Valley Regional Hospital, Inc.
Represented By: Kierstan Ellicott Schultz
Represented By: W. Scott O'Connell, Esq.
Represented By: Morgan C. Nighan
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Plaintiff: Cheshire Medical Center
Represented By: Kierstan Ellicott Schultz
Represented By: W. Scott O'Connell, Esq.
Represented By: Morgan C. Nighan
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