Robie v. Price et al
| E. Michael Robie |
| Thomas E. Price and Palmetto GBA, LLC |
| 2:2017cv03089 |
| May 31, 2017 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| Joseph R. Goodwin |
| Medicare Act |
| 42 U.S.C. ยง 1395 |
| None |
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The following documents for this case are available for you to view or download:
| Document Text |
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Filing
43
MEMORANDUM OPINION AND ORDER pursuant to the plaintiff's 3 MOTION for Ex Parte Temporary Restraining Order and Preliminary Injunction; having granted the temporary restraining order and reserved ruling on the preliminary injunction; th e court GRANTS in part the plaintiff's Motion for Preliminary Injunction; the defendants are ENJOINED from revoking Dr. Robie's Medicare billing privileges until the Secretary presents this court with evidence that Dr. Robie has been acc orded due process in the form of a meaningful opportunity to be heard consistent with this opinion or until further order of this court; the defendants are ORDERED to immediately update their PECOS billing system to ensure Dr. Robie's billing privileges are not revoked prior to such evidence being presented before the court; this Order will be enforced upon request by further court action; to the extent that the plaintiff's Motion asks for the preliminary injunction to remain in p lace through the entire administrative appeals process, it is DENIED; once the Secretary demonstrates to the court that Dr. Robie has been afforded due process, Dr. Robie must challenge the Secretary's substantive decision through the administrative process. Signed by Judge Joseph R. Goodwin on 7/26/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
39
AMENDED MEMORANDUM OPINION AND ORDER pursuant to the Federal Rules of Civil Procedure Rule 60(a), I AMEND my prior 29 Memorandum Opinion and Order to address the issue of requiring the plaintiff to provide security, and as directed and set forth more fully herein; the court GRANTS in part the plaintiff's 3 Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction; the defendants are ENJOINED from revoking Dr. Robie's Medicare billing privileges for 14 days fr om the issuance of the prior 29 order; the defendants are ORDERED to immediately update their PECOS billing system to ensure Dr. Robie's billing privileges are not revoked prior to the expiration of this temporary restraining order; this Ord er will be enforced upon request by further court action; to the extent that the plaintiff's Motion seeks relief ex parte, it is DENIED as moot. Signed by Judge Joseph R. Goodwin on 7/20/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
29
MEMORANDUM OPINION AND ORDER pursuant to the plaintiff's Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction; granting in part said motion as to the Temporary Restraining Order and RESERVED in part as to the Prelimina ry Injunction; the defendants are ENJOINED from revoking Dr. Robie's Medicare billing privileges for 14 days from the issuance of this order; the defendants are ORDERED to immediately update their PECOS billing system to ensure Dr. Robie&# 039;s billing privileges are not revoked prior to the expiration of this temporary restraining order; this Order will be enforced upon request by further court action; to the extent that the plaintiff's Motion seeks relief ex parte, it is DEN IED as moot since the defendants have received notice, have had an opportunity to brief on this motion, and have been present at two hearings regarding this matter; directing that the parties appear for a Preliminary Injunction hearing on 7/17/2017 at 10:00 a.m. Signed by Judge Joseph R. Goodwin on 7/7/2017. (cc: counsel of record; any unrepresented party) (taq)
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