Alice Peck Day Memorial Hospital et al v. Smith et al
| Alice Peck Day Memorial Hospital, Valley Regional Hospital, Inc. and Cheshire Medical Center |
| 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, Vermont Agency of Human Services, Secretary, Michael Smith, Alex Azar and Seema Verma |
| 2:2021cv00102 |
| March 31, 2021 |
| US District Court for the District of Vermont |
| Kevin J Doyle |
| Christina Reiss |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 |
| None |
Docket Report
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This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.
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Filing 32
MOTION to Amend #1 Complaint,, filed by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc.. (Attachments: #1 Attachment 1 - Redlined Version of First Amended Complaint, #2 Attachment 2 - First Amended Complaint, #3 Exhibit A - Waiver Authority, #4 Exhibit B- APM Agreement, #5 Exhibit C - MHMH D-H Settlement Agreement with VAHS, HHS, and CMS, #6 Exhibit D - APM Annual Report on Total Cost of Care for CY2019, Submitted April 8, 2021, #7 Exhibit E - Attachment 4.19-A to the State Plan, #8 Exhibit F - Attachment 4.19-B to the State Plan, #9 Exhibit G - MACPACs Medicaid Payment Policy for Out-of-State Hospitals)(O'Connell, W.)
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Filing 31
JOINT STIPULATION AND ORDER for an Extension of Time for Plaintiffs to File Amended Complaint to May 28, 2021 and Toll Deadline for Oppositions to Pending Motions to Dismiss. Signed by Judge Christina Reiss on 5/10/2021. (kp)
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Filing 30
JOINT STIPULATION for an Extension of Time for Plaintiffs to File Amended Complaint and Toll Deadline for Oppositions to Pending Motions to Dismiss re #23 MOTION to Dismiss for Failure to State a Claim , #22 MOTION to Dismiss Counts III, VI and V for Lack of Subject Matter Jurisdiction and Failure to State a Claim, and in the alternative MOTION for Summary Judgment by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. (O'Connell, W.)
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Filing 29
ORDER GRANTING #28 Assented-to Motion for Admission Pro Hac Vice of Morgan C. Nighan, Esq. Signed by Judge Christina Reiss on 4/23/2021. (This is a text-only Order.) (ejh)
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Filing 28
ASSENTED-TO MOTION for Admission Pro Hac Vice of Morgan C. Nighan filed by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Good Standing)(law)
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Filing 27
ORDER GRANTING #26 Motion for Admission Pro Hac Vice of Kierstan E. Schultz, Esq. Signed by Judge Christina Reiss on 4/13/2021. (This is a text-only Order.) (ejh)
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Filing 26
ASSENTED-TO MOTION for Admission Pro Hac Vice of Kierstan E. Schultz filed by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. (Attachments: #1 Exhibit A, #2 Certificate of Good Standing)(law)
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Filing 25
NOTICE of Case Reassignment pursuant to Local Rule 73(d). Case reassigned to Judge Christina Reiss. Judge Kevin J. Doyle no longer assigned to the case. (law)
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Filing 24
OBJECTION to Direct Assignment by Alice Peck Day Memorial Hospital, Cheshire Medical Center, Valley Regional Hospital, Inc. (Attachments: #1 Certificate of Service)(law)
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Filing 23
MOTION to Dismiss for Failure to State a Claim filed by Michael Smith, State of Vermont Agency of Human Services. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Attachment D, #5 Attachment E, #6 Attachment F)(McLean, David)
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Filing 22
MOTION to Dismiss Counts III, IV and V for Lack of Subject Matter Jurisdiction and/or for Failure to State a Claim, and in alternative MOTION for Summary Judgment filed by Alex Azar, Centers for Medicare & Medicaid Services, Centers for Medicare and Medicaid Services, Acting Administrator, Michael Smith, US Department of Health and Human Services, Secretary, Seema Verma. (Attachments: #1 Affidavit of Rabia Khan)(Turner, Jason) Extra event removed on 4/12/2021 (law). Attachment name clarified on 4/12/2021 (eh).
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Filing 21
NOTICE of Attorney Substitution by Jason M. Turner, AUSA as to Alex Azar, Centers for Medicare & Medicaid Services, Seema Verma (Turner, Jason) Text clarified on 4/7/2021 (eh).
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ISSUED Local Rule 73 Forms.(law)
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Filing 20
NOTICE of Attorney Substitution by David R. McLean, Esq as to State of Vermont Agency of Human Services, Michael Smith. (McLean, David) Filer clarified on 4/2/2021 (law).
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Filing 19
CASE TRANSFERRED IN from District of New Hampshire electronically; Case Number 1:20-cv-00919.
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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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