Marietta Memorial Hospital et al v. West Virginia Health Care Authority et al
| Marietta Memorial Hospital, Marietta Area Health Care, Inc. and MHC Physicians, Inc. |
| West Virginia Health Care Authority, James L. Pitrolo, Sonia D. Chambers and Marilyn G. White |
| 2:2016cv08603 |
| September 6, 2016 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Thomas E. Johnston |
| Constitutionality of State Statutes |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
74
MEMORANDUM OPINION AND ORDER granting Defendant West Virginia Health Care Authority's 70 MOTION to Dismiss Case as Moot; and DISSOLVES the 39 , 65 preliminary injunction previously issued by this Court on 12/19/2016, and extended on 5/1 8/2017, as now MOOT; because Marietta represents in its response to the motion that it is entitled to attorney's fees and costs under 42 U.S.C. § 1988, the Court further ORDERS Marietta to file its petition for attorney's fees by 12/8/2017. Signed by Judge Thomas E. Johnston on 11/17/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
39
MEMORANDUM OPINION AND ORDER granting 8 MOTION for TRO, for Preliminary Injunction and for Permanent Injunction; directing defendants not to take action on the pending application for an exemption filed by Camden-Clark, CON File No. 16-5-10868-X, or any other applications for exemptions under West Virginia Code § 16-2D-11(c)(12); directing that the provisions of West Virginia Code § 16-2D-11(b), shall not apply by operation of law to allow for an automatic approval of any pending or to be filed applications for exemption under West Virginia Code § 16-2D-11(c)(12), due to the passage of forty-five days. Unless ordered otherwise, this Order shall remain in effect until such time as the Court reaches a final resolution in this matter. Signed by Judge Thomas E. Johnston on 12/19/2016. (cc: attys; any unrepresented party) (tmr)
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