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 54 |
Filed: 9/17/2014, Entered: None |
Order on Motion to Dismiss/Lack of Jurisdiction |
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| 1 |
Filed: 11/1/2012, Entered: None |
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COMPLAINT against KATHLEEN G. SEBELIUS ( Filing fee $ 350 receipt number 0090-3117331) filed by LANCASTER GENERAL HOSPITAL, AMERICAN HOSPITAL ASSOCIATION, MUNSON MEDICAL CENTER, MISSOURI BAPTIST SULLIVAN HOSPITAL, TRINITY HEALTH CORPORATION. (Attachments: # 1 Summons Summons for Attorney General, # 2 Summons Summons for U.S. Attorney, # 3 Summons Summons for Defendant, # 4 Corporate Disclosure Form For AMERICAN HOSPITAL ASSOCIATION, # 5 Corporate Disclosure Form For MUNSON MEDICAL CENTER, # 6 Corporate Disclosure Form For LANCASTER GENERAL HOSPITAL, # 7 Corporate Disclosure Form For MISSOURI BAPTIST SULLIVAN HOSPITAL, # 8 Corporate Disclosure Form For TRINITY HEALTH CORPORATION)(Perella, Dominic) Modified on 11/1/2012 (kb). (Entered: 11/01/2012)
- Attachment 1 Summons Summons for Attorney General
- Attachment 2 Summons Summons for U.S. Attorney
- Attachment 3 Summons Summons for Defendant
- Attachment 4 Corporate Disclosure Form For AMERICAN HOSPITAL ASSOCIATION
- Attachment 5 Corporate Disclosure Form For MUNSON MEDICAL CENTER
- Attachment 6 Corporate Disclosure Form For LANCASTER GENERAL HOSPITAL
- Attachment 7 Corporate Disclosure Form For MISSOURI BAPTIST SULLIVAN HOSPITAL
- Attachment 8 Corporate Disclosure Form For TRINITY HEALTH CORPORATION
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| 55 |
Filed: 9/17/2014, Entered: None |
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MEMORANDUM AND OPINION. Signed by Judge Colleen Kollar-Kotelly on 09/17/2014 (lcckk2)
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Request |
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| 53 |
Filed: 3/21/2014, Entered: None |
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REPLY to 51 Plaintiffs' Supplemental Brief filed by KATHLEEN SEBELIUS. (Beckenhauer, Eric) (Entered: 03/21/2014)
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Request |
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| 52 |
Filed: 3/13/2014, Entered: None |
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Consent MOTION for Extension of Time to File Response/Reply to 51 Plaintiffs' Supplemental Brief by KATHLEEN SEBELIUS (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 03/13/2014)
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Request |
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| 51 |
Filed: 3/7/2014, Entered: None |
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SUPPLEMENTAL MEMORANDUM to Respond to February 25, 2014 Order filed by AMERICAN HOSPITAL ASSOCIATION, DIGNITY HEALTH, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION. (Stetson, Catherine) (Entered: 03/07/2014)
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Request |
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| 50 |
Filed: 2/25/2014, Entered: None |
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ORDER. By no later than MARCH 7, 2014 Plaintiffs shall file a supplemental brief addressing the issues raised in this order. Defendant shall file a reply to this supplemental brief by no later than MARCH 14, 2014. Signed by Judge Colleen Kollar-Kotelly on February 25, 2014. (lcckk1) (Entered: 02/25/2014)
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Request |
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| 49 |
Filed: 11/22/2013, Entered: None |
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ENTERED IN ERROR....NOTICE of Unavailability for Oral Argument by AMERICAN HOSPITAL ASSOCIATION, DIGNITY HEALTH, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION (Perella, Dominic) Modified on 11/25/2013 (znmw, ). (Entered: 11/22/2013)
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Request |
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| 48 |
Filed: 10/28/2013, Entered: None |
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SUPPLEMENTAL MEMORANDUM to regarding Effect of Final Rule on 31 Defendant's Motion to Dismiss filed by KATHLEEN SEBELIUS. (Beckenhauer, Eric) (Entered: 10/28/2013)
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Request |
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| 47 |
Filed: 10/28/2013, Entered: None |
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SUPPLEMENTAL MEMORANDUM to Regarding CMS Final Rule filed by AMERICAN HOSPITAL ASSOCIATION, DIGNITY HEALTH, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION. (Stetson, Catherine) (Entered: 10/28/2013)
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Request |
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| 46 |
Filed: 10/1/2013, Entered: None |
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ORDER Granting Defendant's 45 Unopposed Motion to Stay. Signed by Judge Colleen Kollar-Kotelly on October 1, 2013. (lcckk1) (Entered: 10/01/2013)
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Request |
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| 45 |
Filed: 10/1/2013, Entered: None |
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Unopposed MOTION to Stay Supplemental Briefing in Light of Lapse of Appropriations by KATHLEEN SEBELIUS (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 10/01/2013)
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Request |
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| 44 |
Filed: 9/25/2013, Entered: None |
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ORDER granting 43 Unoppoesed Motion for Extension of Time:parties shall file Supplemental Briefs by 10/10/2013, limited to 10 pages, to address the effect of the final rule on Defendant's pending motion to dismiss. Signed by Judge Colleen Kollar-Kotelly on 9/24/13. (dot ) (Entered: 09/26/2013)
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Request |
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| 43 |
Filed: 9/24/2013, Entered: None |
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Unopposed MOTION for Extension of Time to File Supplemental Briefs by KATHLEEN SEBELIUS (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 09/24/2013)
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Request |
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| 42 |
Filed: 9/24/2013, Entered: None |
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NOTICE OF SUBSTITUTION OF COUNSEL by Eric B. Beckenhauer on behalf of KATHLEEN SEBELIUS Substituting for attorney Jeffrey Michael Smith and Matthew J.B. Lawrence (Beckenhauer, Eric) (Entered: 09/24/2013)
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Request |
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| 41 |
Filed: 8/6/2013, Entered: None |
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STATUS REPORT and Proposed Schedule (Joint) by KATHLEEN SEBELIUS. (Attachments: # 1 Text of Proposed Order)(Lawrence, Matthew) (Entered: 08/06/2013)
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Request |
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| 40 |
Filed: 8/5/2013, Entered: None |
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NOTICE of Final Rule (Joint) by KATHLEEN SEBELIUS (Attachments: # 1 Exhibit Final Rule)(Lawrence, Matthew) (Entered: 08/05/2013)
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Request |
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| 39 |
Filed: 7/24/2013, Entered: None |
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NOTICE of Appearance by James A. Shannon on behalf of HEALTHCARE ASSOCIATION OF NEW YORK (Shannon, James) (Entered: 07/24/2013)
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Request |
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| 38 |
Filed: 7/23/2013, Entered: None |
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RESPONSE (Opposition) re 35 Amicus Brief, filed by KATHLEEN SEBELIUS. (See Docket Entry 37 to view document). (znmw, ) (Entered: 07/24/2013)
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Request |
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| 37 |
Filed: 7/23/2013, Entered: None |
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REPLY to opposition to motion re 31 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim upon which Relief can be Granted and Opposition to Healthcare Association of New York's Amicus Brief filed by KATHLEEN SEBELIUS. (Lawrence, Matthew) (Entered: 07/23/2013)
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Request |
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| 36 |
Filed: 7/8/2013, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HEALTHCARE ASSOCIATION OF NEW YORK (znmw, ) (Entered: 07/09/2013)
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| 35 |
Filed: 7/8/2013, Entered: None |
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AMICUS BRIEF by HEALTHCARE ASSOCIATION OF NEW YORK. (znmw, ) (Entered: 07/09/2013)
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| 34 |
Filed: 7/3/2013, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James A. Shannon, :Firm- Wilson Elser Moskowitz Edelman & Dicker, LLP, :Address- 677 Broadway, Albany, NY 12207. Phone No. - (518) 449-8893. Fax No. - (518) 449-4292 by HEALTHCARE ASSOCIATION OF NEW YORK (znmw, ) (Entered: 07/08/2013)
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Request |
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| 33 |
Filed: 7/3/2013, Entered: None |
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MOTION for Leave to File Amicus Curiae Brief by HEALTHCARE ASSOCIATION OF NEW YORK (Attachments: # 1 Proposed Amicus Brief, # 2 Corporate Disclosure Statement)(znmw, ) (Entered: 07/08/2013)
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Request |
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| 32 |
Filed: 6/27/2013, Entered: None |
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Memorandum in opposition to re 31 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim upon which Relief can be Granted filed by AMERICAN HOSPITAL ASSOCIATION, DIGNITY HEALTH, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION. (Attachments: # 1 Exhibit A, Declaration of Amber Haring, # 2 Exhibit B, Declaration of Jill Robinson, # 3 Exhibit C, Declaration of Lorelie Lauer, # 4 Exhibit D, Declaration of Vivian Mallari, # 5 Exhibit E, Declaration of Le Anne Trachok, # 6 Text of Proposed Order)(Stetson, Catherine) (Entered: 06/27/2013)
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Request |
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| 31 |
Filed: 6/6/2013, Entered: None |
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MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim upon which Relief can be Granted by KATHLEEN SEBELIUS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit A, CMS Ruling 1455-R, # 4 Exhibit B, Notice of Proposed Rulemaking)(Lawrence, Matthew) (Entered: 06/06/2013)
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Request |
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| 30 |
Filed: 5/13/2013, Entered: None |
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NOTICE of Defendant's Intent to Move to Dismiss Without Filing Administrative Record by KATHLEEN SEBELIUS re 29 Unopposed MOTION for Extension of Time to File Notice Ordered by the Court's May 6, 2013 Minute Order, Order, (Lawrence, Matthew) (Entered: 05/13/2013)
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Request |
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| 29 |
Filed: 5/13/2013, Entered: None |
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Unopposed MOTION for Extension of Time to File Notice Ordered by the Court's May 6, 2013 Minute Order by KATHLEEN SEBELIUS (Attachments: # 1 Text of Proposed Order)(Lawrence, Matthew) (Entered: 05/13/2013)
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Request |
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| 28 |
Filed: 5/6/2013, Entered: None |
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ORDER re 27 Status Report filed by KATHLEEN SEBELIUS: Defendant to Answer or otherwise respond to Second Amended Complaint by 6/6/2013. Response to Motion to Dismiss due by 6/27/2013. Reply due by 7/9/2013. Signed by Judge Colleen Kollar-Kotelly on 5/3/13. (dot ) (Entered: 05/06/2013)
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Request |
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| 27 |
Filed: 5/3/2013, Entered: None |
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STATUS REPORT and Proposed Schedule (Joint) by KATHLEEN SEBELIUS. (Attachments: # 1 Text of Proposed Order)(Lawrence, Matthew) (Entered: 05/03/2013)
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Request |
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| 26 |
Filed: 4/19/2013, Entered: None |
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SECOND AMENDED COMPLAINT against KATHLEEN SEBELIUS filed by LANCASTER GENERAL HOSPITAL, AMERICAN HOSPITAL ASSOCIATION, MUNSON MEDICAL CENTER, MISSOURI BAPTIST SULLIVAN HOSPITAL, TRINITY HEALTH CORPORATION, DIGNITY HEALTH.(jf, ) (Entered: 04/22/2013)
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Request |
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| 25 |
Filed: 4/9/2013, Entered: None |
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NOTICE of Appearance by Matthew J.B. Lawrence on behalf of KATHLEEN G. SEBELIUS (Lawrence, Matthew) (Entered: 04/09/2013)
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Request |
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| 24 |
Filed: 3/21/2013, Entered: None |
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Joint MOTION for Scheduling Order by KATHLEEN G. SEBELIUS (Attachments: # 1 Text of Proposed Order)(Smith, Jeffrey) (Entered: 03/21/2013)
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Request |
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| 23 |
Filed: 3/14/2013, Entered: None |
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ORDER granting 22 Consent Motion by Defendant KATHLEEN G. SEBELIUS for One-Week Stay of Schedule : staying current case schedule until 3/22/13 to allow parties to confer regarding the best way to handle the case in light of the 3/13/13 ruling by the Administrator of the Centers for Medicare and Medicaid Services; signed by Judge Colleen Kollar-Kotelly on 3/14/13. (kk) (Entered: 03/15/2013)
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| 22 |
Filed: 3/14/2013, Entered: None |
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Consent MOTION to Stay re 18 Order,,,, for One Week in Light of Intervening Ruling by CMS Administrator by KATHLEEN G. SEBELIUS (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Smith, Jeffrey) (Entered: 03/14/2013)
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| 21 |
Filed: 2/7/2013, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/28/2012. Answer due for ALL FEDERAL DEFENDANTS by 2/26/2013. (Perella, Dominic) (Entered: 02/07/2013)
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Request |
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| 20 |
Filed: 2/7/2013, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/28/2012. (Perella, Dominic) (Entered: 02/07/2013)
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Request |
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| 19 |
Filed: 2/7/2013, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN G. SEBELIUS served on 12/28/2012 (Perella, Dominic) (Entered: 02/07/2013)
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Request |
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| 18 |
Filed: 1/11/2013, Entered: None |
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SCHEDULING AND PROCEDURES ORDER. In order to administer this civil action in a manner fair to the litigants and consistent with the parties' interest in completing this litigation in the shortest possible time and at the least possible cost, it is hereby ordered that the parties are directed to comply with each of the directives set forth herein. Further, Defendant shall file the administrative record by no later than March 15, 2013; Plaintiffs shall file their Motion for Summary Judgment by no later than April 15, 2013; Defendant shall file a combined Opposition to Plaintiffs' Motion for Summary Judgment and Cross-Motion to Dismiss by no later than May 15, 2013; Plaintiffs shall file a combined Reply in Support of Summary Judgment and Opposition to Defendant's Cross-Motion to Dismiss by no later than June 17, 2013; and Defendant shall file a Reply in Support of Cross-Motion to Dismiss by no later than July 17, 2013. Signed by Judge Colleen Kollar-Kotelly on January 11, 2013. (lcckk1) (Entered: 01/11/2013)
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| 17 |
Filed: 1/11/2013, Entered: None |
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STATUS REPORT AND PROPOSED BRIEFING SCHEDULE by AMERICAN HOSPITAL ASSOCIATION, DIGNITY HEALTH, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, KATHLEEN G. SEBELIUS, TRINITY HEALTH CORPORATION. (Attachments: # 1 Text of Proposed Order)(Perella, Dominic) (Entered: 01/11/2013)
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Request |
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| 16 |
Filed: 1/3/2013, Entered: None |
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NOTICE of Appearance by Jeffrey Michael Smith on behalf of KATHLEEN G. SEBELIUS (Smith, Jeffrey) (Entered: 01/03/2013)
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Request |
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| 15 |
Filed: 12/27/2012, Entered: None |
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ORDER Establishing Procedures for Filing for Cases Assigned to Judge Colleen Kollar-Kotelly, signed on December 27, 2012. (SM) (Entered: 12/27/2012)
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Request |
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| 14 |
Filed: 12/13/2012, Entered: None |
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AMENDED COMPLAINT against KATHLEEN G. SEBELIUS filed by LANCASTER GENERAL HOSPITAL, AMERICAN HOSPITAL ASSOCIATION, MUNSON MEDICAL CENTER, MISSOURI BAPTIST SULLIVAN HOSPITAL, TRINITY HEALTH CORPORATION, DIGNITY HEALTH.(znmw, ) (Entered: 12/13/2012)
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Request |
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| 13 |
Filed: 12/13/2012, Entered: None |
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MOTION for Hearing (Status Conference) by AMERICAN HOSPITAL ASSOCIATION, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION (Attachments: # 1 Exhibit Proposed Motion for Summary Judgment, # 2 Exhibit Proposed Memorandum in Support of Motion for Summary Judgment, # 3 Exhibit Declaration of Caroline Steinberg, # 4 Exhibit Exhibit 1 to Proposed Motion for Summary Judgment, # 5 Exhibit Exhibit 2 to Proposed Motion for Summary Judgment, # 6 Text of Proposed Order Proposed Order on Motion for Hearing/Status Conference)(Perella, Dominic) (Entered: 12/13/2012)
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Request |
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| 12 |
Filed: 12/3/2012, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 11/21/2012. Answer due for ALL FEDERAL DEFENDANTS by 1/20/2013. (Perella, Dominic) (Entered: 12/03/2012)
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Request |
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| 11 |
Filed: 12/3/2012, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 11/21/2012. (Perella, Dominic) (Entered: 12/03/2012)
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Request |
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| 10 |
Filed: 12/3/2012, Entered: None |
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. KATHLEEN G. SEBELIUS served on 11/21/2012 (Perella, Dominic) (Entered: 12/03/2012)
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Request |
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| 9 |
Filed: 11/1/2012, Entered: None |
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ELECTRONIC (3) SUMMONS Issued as to KATHLEEN G. SEBELIUS, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Consent Form, # 4 Notice of Consent)(kb) (Entered: 11/01/2012)
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Request |
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| 8 |
Filed: 11/1/2012, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TRINITY HEALTH CORPORATION (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 7 |
Filed: 11/1/2012, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LANCASTER GENERAL HOSPITAL (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 6 |
Filed: 11/1/2012, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MUNSON MEDICAL CENTER (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 5 |
Filed: 11/1/2012, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MISSOURI BAPTIST SULLIVAN HOSPITAL (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 4 |
Filed: 11/1/2012, Entered: None |
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN HOSPITAL ASSOCIATION (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 3 |
Filed: 11/1/2012, Entered: None |
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NOTICE : CIVIL COVER SHEET by AMERICAN HOSPITAL ASSOCIATION, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION re 1 Complaint,,, (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 2 |
Filed: 11/1/2012, Entered: None |
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NOTICE OF APPEARANCE OF COUNSEL FOR DOMINIC PERELLA by AMERICAN HOSPITAL ASSOCIATION, LANCASTER GENERAL HOSPITAL, MISSOURI BAPTIST SULLIVAN HOSPITAL, MUNSON MEDICAL CENTER, TRINITY HEALTH CORPORATION (Perella, Dominic) (Entered: 11/01/2012)
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Request |
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| 1 |
Filed: 11/1/2012, Entered: None |
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COMPLAINT against KATHLEEN G. SEBELIUS ( Filing fee $ 350 receipt number 0090-3117331) filed by LANCASTER GENERAL HOSPITAL, AMERICAN HOSPITAL ASSOCIATION, MUNSON MEDICAL CENTER, MISSOURI BAPTIST SULLIVAN HOSPITAL, TRINITY HEALTH CORPORATION. (Attachments: # 1 Summons Summons for Attorney General, # 2 Summons Summons for U.S. Attorney, # 3 Summons Summons for Defendant, # 4 Corporate Disclosure Form For AMERICAN HOSPITAL ASSOCIATION, # 5 Corporate Disclosure Form For MUNSON MEDICAL CENTER, # 6 Corporate Disclosure Form For LANCASTER GENERAL HOSPITAL, # 7 Corporate Disclosure Form For MISSOURI BAPTIST SULLIVAN HOSPITAL, # 8 Corporate Disclosure Form For TRINITY HEALTH CORPORATION)(Perella, Dominic) Modified on 11/1/2012 (kb). (Entered: 11/01/2012)
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