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 55 |
Filed: 4/16/2015, Entered: None |
Extension of Time to File Response/Reply/Answer |
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 Request |
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| 54 |
Filed: 4/10/2015, Entered: None |
Order on Motion for Reconsideration |
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Request |
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| 53 |
Filed: 4/2/2015, Entered: None |
Withdraw as Attorney |
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Request |
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| 52 |
Filed: 3/31/2015, Entered: None |
Vacate |
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Request |
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| 51 |
Filed: 2/2/2015, Entered: None |
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NOTICE of Attorney Appearance by Michael Bruce Chavies on behalf of Vitreo Retinal Consultants of the Palm Beaches, P.A.. Attorney Michael Bruce Chavies added to party Vitreo Retinal Consultants of the Palm Beaches, P.A.(pty:pla). (Chavies, Michael) (Entered: 02/02/2015)
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Request |
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| 50 |
Filed: 12/10/2014, Entered: None |
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TRANSCRIPT INFORMATION FORM by Vitreo Retinal Consultants of the Palm Beaches, P.A. re 48 Notice of Appeal,,. No Transcript Requested. (Menchel, Matthew) (Entered: 12/10/2014)
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Request |
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| 49 |
Filed: 12/2/2014, Entered: None |
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Acknowledgment of Receipt of NOA from USCA re 48 Notice of Appeal,, filed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. Date received by USCA: 11/26/2014. USCA Case Number: 14-15342-C. (amb) (Entered: 12/02/2014)
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Request |
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| 48 |
Filed: 11/26/2014, Entered: None |
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Notice of Appeal as to 44 Order on Motion for Summary Judgment,,,,,,,,,, 43 Order on Motion for Summary Judgment,,,,,,,,,, by Vitreo Retinal Consultants of the Palm Beaches, P.A.. Filing fee $ 505.00 receipt number 113C-7272435. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Menchel, Matthew) (Entered: 11/26/2014)
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| 47 |
Filed: 10/28/2014, Entered: None |
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REPLY to Response to Motion re 45 MOTION for Reconsideration re 44 Order on Motion for Summary Judgment,,,,,,,,,, filed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Menchel, Matthew) (Entered: 10/28/2014)
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Request |
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| 46 |
Filed: 10/20/2014, Entered: None |
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RESPONSE in Opposition re 45 MOTION for Reconsideration re 44 Order on Motion for Summary Judgment,,,,,,,,,, filed by U.S. Department of Health and Human Services. (Beckenhauer, Eric) (Entered: 10/20/2014)
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Request |
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| 45 |
Filed: 10/1/2014, Entered: None |
Reconsideration |
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Request |
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| 44 |
Filed: 9/30/2014, Entered: None |
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ORDER granting 35 Motion for Summary Judgment. Closing Case. The Secretary of Health and Human Services (Secretary) findings as to any fact, if supported by substantial evidence, shall be conclusive. 42 U.S.C. §§ 405(g), 1395ff(b)(1)(A). Therefore, judicial review of the Secretarys decision regarding a claim for Medicare benefits is limited to whether there is substantial evidence to support the [Agencys], and whether the correct legal standards were applied. Gulfcoast Med. Supply v. Secy, Dept Health & Human Services, 468 F.3d 1347, 1350 n. 3 (11th Cir. 2006)(quoting Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002)). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if the Court would have reached a different result based upon the record." Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir. 1991). It is more than a scintilla, but less than a preponderance. Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). "Even if [I] find that the evidence preponderates against the Secretary's decision, [I] must affirm if the decision is supported by substantial evidence." Id. The Administrative Procedure Act (APA) requires that the Secretarys decision must be upheld unless arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 5 U.S.C. § 706(2). The Eleventh Circuit has explained that this standard of review is exceedingly deferential. Fund for Animals v. Rice, 85 F.3d 535, 541 (11th Cir. 1996). Thus, the reviewing Court considers only whether it was based on a consideration of the relevant factors and whether there has been a clear error of judgment. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 (1971). Along the standard of review continuum, the arbitrary and capricious standard gives an appellate court the least latitude in finding grounds for reversal. Fund for Animals, 85 F.3d at 541-42. An agency decision should be set aside in this context... only for substantial procedural or substantive reasons as mandated by statute,... not simply because the court is unhappy with the result reached. Id. Plaintiff has failed to demonstrate that the the Secretarys decision was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." Therefore, Defendant's Motion for Summary Judgment is granted. A complete, written order is forthcoming. Signed by Judge Marcia G. Cooke on 9/30/2014. (bgd) (Entered: 09/30/2014)
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Request |
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| 43 |
Filed: 9/30/2014, Entered: None |
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ENDORSED ORDER denying 27 Motion for Summary Judgment. The Secretary of Health and Human Services (Secretary) findings as to any fact, if supported by substantial evidence, shall be conclusive. 42 U.S.C. §§ 405(g), 1395ff(b)(1)(A). Therefore, judicial review of the Secretarys decision regarding a claim for Medicare benefits is limited to whether there is substantial evidence to support the [Agencys], and whether the correct legal standards were applied. Gulfcoast Med. Supply v. Secy, Dept Health & Human Services, 468 F.3d 1347, 1350 n. 3 (11th Cir. 2006)(quoting Wilson v. Barnhart, 284 F.3d 1219, 1221 (11th Cir. 2002)). Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, even if the Court would have reached a different result based upon the record." Barnes v. Sullivan, 932 F.2d 1356, 1358 (11th Cir. 1991). It is more than a scintilla, but less than a preponderance. Bloodsworth v. Heckler, 703 F.2d 1233, 1239 (11th Cir. 1983). "Even if [I] find that the evidence preponderates against the Secretary's decision, [I] must affirm if the decision is supported by substantial evidence." Id. The Administrative Procedure Act (APA) requires that the Secretarys decision must be upheld unless arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. 5 U.S.C. § 706(2). The Eleventh Circuit has explained that this standard of review is exceedingly deferential. Fund for Animals v. Rice, 85 F.3d 535, 541 (11th Cir. 1996). Thus, the reviewing Court considers only whether it was based on a consideration of the relevant factors and whether there has been a clear error of judgment. Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 (1971). Along the standard of review continuum, the arbitrary and capricious standard gives an appellate court the least latitude in finding grounds for reversal. Fund for Animals, 85 F.3d at 541-42. An agency decision should be set aside in this context... only for substantial procedural or substantive reasons as mandated by statute,... not simply because the court is unhappy with the result reached. Id. Plaintiff has failed to demonstrate that the the Secretarys decision was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." Therefore, Defendant's Motion for Summary Judgment is granted. A complete, written order is forthcoming. Signed by Judge Marcia G. Cooke on 9/30/2014. (bgd) (Entered: 09/30/2014)
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Request |
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| 42 |
Filed: 5/12/2014, Entered: None |
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REPLY to Response to Motion re 40 Plaintiff's MOTION to Expedite Oral Argument on the Pending Cross-Motions for Summary Judgment filed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Menchel, Matthew) (Entered: 05/12/2014)
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Request |
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| 41 |
Filed: 5/2/2014, Entered: None |
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RESPONSE to Motion re 40 Plaintiff's MOTION to Expedite Oral Argument on the Pending Cross-Motions for Summary Judgment filed by U.S. Department of Health and Human Services. Replies due by 5/12/2014. (Beckenhauer, Eric) (Entered: 05/02/2014)
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Request |
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| 40 |
Filed: 5/2/2014, Entered: None |
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Plaintiff's MOTION to Expedite Oral Argument on the Pending Cross-Motions for Summary Judgment by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Menchel, Matthew) (Entered: 05/02/2014)
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Request |
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| 39 |
Filed: 4/17/2014, Entered: None |
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REPLY to Response to Motion re 35 Defendant's MOTION for Summary Judgment and Opposition to 27 Plaintiff's Motion for Summary Judgment filed by U.S. Department of Health and Human Services. (Beckenhauer, Eric) (Entered: 04/17/2014)
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Request |
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| 38 |
Filed: 4/7/2014, Entered: None |
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Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2013-63 to Magistrate Judge Edwin G. Torres. Magistrate Judge William C. Turnoff no longer assigned to case. (dm) (Entered: 04/07/2014)
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Request |
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| 37 |
Filed: 3/27/2014, Entered: None |
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RESPONSE in Opposition re 35 Defendant's MOTION for Summary Judgment and Opposition to 27 Plaintiff's Motion for Summary Judgment filed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Menchel, Matthew) (Entered: 03/27/2014)
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Request |
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| 36 |
Filed: 3/24/2014, Entered: None |
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Agreed MOTION for Leave to File Excess Pages by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Attachments: # 1 Text of Proposed Order)(Menchel, Matthew) (Entered: 03/24/2014)
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Request |
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| 35 |
Filed: 2/13/2014, Entered: None |
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Defendant's MOTION for Summary Judgment and Opposition to 27 Plaintiff's Motion for Summary Judgment by U.S. Department of Health and Human Services. Responses due by 3/3/2014 (Beckenhauer, Eric) (Entered: 02/13/2014)
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| 34 |
Filed: 1/31/2014, Entered: None |
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ENDORSED ORDER granting 33 Motion for Extension of Time to File Response TO 27 Motion for Summary Judgment. Defendant shall file her combined Cross-Motion for Summary Judgment and Opposition to 27 Motion for Summary Judgment on or before February 13, 2014. Plaintiff shall file its combined Opposition to Defendant's Cross-Motion for Summary Judgment and Reply to Defendant's Opposition to 27 Motion for Summary Judgment on or before March 27, 2014. Defendant shall file her Reply to Plaintiff's Opposition to Cross-Motion for Summary Judgment on or before April 17, 2014. NO FURTHER EXTENSIONS WILL BE GRANTED. Signed by Judge Marcia G. Cooke on January 31, 2014. (bgd) (Entered: 01/31/2014)
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Request |
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| 33 |
Filed: 1/28/2014, Entered: None |
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Consent MOTION for Extension of Time to File Response/Reply as to 27 MOTION for Summary Judgment by U.S. Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 01/28/2014)
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Request |
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| 32 |
Filed: 1/16/2014, Entered: None |
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OMNIBUS ORDER granting 31 Motions to Appear Pro Hac Vice by Matthew T. Fornataro, Esq., and Kirk Ogrosky, Esq., Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Magistrate Judge William C. Turnoff on 1/16/14. (lml) (Entered: 01/16/2014)
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Request |
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| 31 |
Filed: 1/13/2014, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew T. Fornataro. Filing Fee $ 75.00. Receipt # 72034. (ksa) (Entered: 01/14/2014)
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Request |
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| 30 |
Filed: 1/2/2014, Entered: None |
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ORDER granting 28 Motion to Appear Pro Hac Vice by Murad Hussain, Esq.; and granting 29 Motion to Appear Pro Hac Vice by Andrew Karron, Esq. Signed by Magistrate Judge William C. Turnoff on 1/2/14. (lml) (Entered: 01/02/2014)
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Request |
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| 29 |
Filed: 12/23/2013, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew T. Karron. Filing Fee $ 75. Receipt # 70928. (cw) (Entered: 12/27/2013)
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Request |
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| 28 |
Filed: 12/23/2013, Entered: None |
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Murad Hussain. Filing Fee $ 75. Receipt # 70959. (cw) (Entered: 12/27/2013)
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Request |
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| 27 |
Filed: 12/23/2013, Entered: None |
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MOTION for Summary Judgment by Vitreo Retinal Consultants of the Palm Beaches, P.A.. Responses due by 1/9/2014 (Rashbaum, Daniel) (Entered: 12/23/2013)
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Request |
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| 26 |
Filed: 12/23/2013, Entered: None |
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ENDORSED ORDER granting 25 Motion for Leave to File Excess Pages. Plaintiff VRC is granted leave to file its motion for summary judgment, and Defendant is permitted to file a response to the Plaintiff's motion for summary judgment and cross-motion for summary judgment, in excess of the 30-page limitation for motions and statements of undisputed material facts. The parties shall not exceed 45 double-spaced pages for their respective filings. Signed by Judge Marcia G. Cooke on 12/23/2013. (eah) (Entered: 12/23/2013)
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Request |
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| 25 |
Filed: 12/19/2013, Entered: None |
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Joint MOTION for Leave to File Excess Pages by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Attachments: # 1 Proposed Order)(Rashbaum, Daniel) (Entered: 12/19/2013)
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Request |
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| 24 |
Filed: 12/18/2013, Entered: None |
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SCHEDULING ORDER: Administrative record to be filed by 12/6/2013. Motion for summary judgment due by 12/23/2013. Response to motion for summary judgment due by 2/3/2014. Response to cross-motion for summary judgment and reply to motion for summary judgment due by 3/17/2014. Reply to cross-motion for summary judgment due by 4/7/2014. Signed by Judge Marcia G. Cooke on 12/18/2013. (tm) (Entered: 12/18/2013)
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| 23 |
Filed: 12/2/2013, Entered: None |
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ENDORSED ORDER granting 21 Motion to File Administrative Record in Electronic Format. Defendant may file the administrative record in this case in CD-ROM format. Signed by Judge Marcia G. Cooke on 12/2/2013. (af00) (Entered: 12/02/2013)
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Request |
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| 22 |
Filed: 11/22/2013, Entered: None |
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NOTICE by U.S. Department of Health and Human Services of Filing of Administrative Record in Electronic Format (Moore, Tamra) (Entered: 11/22/2013)
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Request |
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| 21 |
Filed: 11/22/2013, Entered: None |
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Consent MOTION to File Administrative Record in Electronic Format by U.S. Department of Health and Human Services. Attorney Tamra T. Moore added to party U.S. Department of Health and Human Services(pty:dft). (Attachments: # 1 Text of Proposed Order)(Moore, Tamra) (Entered: 11/22/2013)
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Request |
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| 20 |
Filed: 11/18/2013, Entered: None |
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CONSENT to Jurisdiction by US Magistrate Judge by Vitreo Retinal Consultants of the Palm Beaches, P.A. (Rashbaum, Daniel) (Entered: 11/18/2013)
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Request |
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| 19 |
Filed: 11/18/2013, Entered: None |
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SCHEDULING REPORT - Rule 16.1 by Vitreo Retinal Consultants of the Palm Beaches, P.A. (Attachments: # 1 Proposed Scheduling Order)(Rashbaum, Daniel) (Entered: 11/18/2013)
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Request |
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| 18 |
Filed: 10/29/2013, Entered: None |
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ENDORSED ORDER denying as moot 11 Motion for Leave to File Excess Pages; denying as moot 12 Motion for Preliminary Injunction and Motion to Expedite; denying as moot 13 Motion for Hearing; ; denying as moot 15 Motion to Expedite Hearing. See 17 Joint Notice of Mootness of Plaintiff's Motion for Preliminary Injunction and Related Motions. Signed by Judge Marcia G. Cooke on 10/29/2013. (af00) (Entered: 10/29/2013)
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| 17 |
Filed: 10/29/2013, Entered: None |
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NOTICE by Vitreo Retinal Consultants of the Palm Beaches, P.A. of Mootness of Motion for Preliminary Injunction (Rashbaum, Daniel) (Entered: 10/29/2013)
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Request |
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| 16 |
Filed: 10/25/2013, Entered: None |
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ANSWER to Complaint by U.S. Department of Health and Human Services. (Beckenhauer, Eric) (Entered: 10/25/2013)
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Request |
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| 15 |
Filed: 10/25/2013, Entered: None |
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MOTION to Expedite Hearing on Motion for Preliminary Injunction by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Rashbaum, Daniel) (Entered: 10/25/2013)
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Request |
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| 14 |
Filed: 10/23/2013, Entered: None |
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Clerks Notice to Filer re 12 MOTION for Preliminary Injunction . Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (yha) (Entered: 10/23/2013)
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Request |
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| 13 |
Filed: 10/18/2013, Entered: None |
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MOTION for Hearing on Motion for Preliminary Injunction by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Rashbaum, Daniel) (Entered: 10/18/2013)
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Request |
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| 12 |
Filed: 10/18/2013, Entered: None |
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MOTION for Preliminary Injunction by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Attachments: # 1 Declaration of Murad Hussain, Esq., # 2 Exhibit A to Hussain Dec., # 3 Exhibit B to Hussain Dec., # 4 Exhibit C to Hussain Dec., # 5 Exhibit D to Hussain Dec., # 6 Exhibit E to Hussain Dec., # 7 Exhibit F to Hussain Dec., # 8 Exhibit G to Hussain Dec., # 9 Exhibit H to Hussain Dec., # 10 Exhibit I to Hussain Dec., # 11 Exhibit J to Hussain Dec., # 12 Exhibit K to Hussain Dec., # 13 Exhibit L to Hussain Dec., # 14 Exhibit M to Hussain Dec., # 15 Exhibit N to Hussain Dec., # 16 Exhibit O to Hussain Dec., # 17 Exhibit P to Hussain Dec., # 18 Exhibit Q to Hussian Dec., # 19 Exhibit R to Hussain Dec., # 20 Exhibit S to Hussain Dec., # 21 Exhibit T to Hussain Dec., # 22 Declaration of Bonnie Illsley)(Rashbaum, Daniel). Added MOTION to Expedite on 10/23/2013 (yha). (Entered: 10/18/2013)
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Request |
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| 11 |
Filed: 10/18/2013, Entered: None |
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MOTION for Leave to File Excess Pages by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Rashbaum, Daniel) (Entered: 10/18/2013)
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Request |
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| 10 |
Filed: 10/7/2013, Entered: None |
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ORDER granting in part and denying in part 8 Motion for Extension of Time; denying 9 Motion to Stay. Signed by Judge Marcia G. Cooke on 10/8/2013. (af00) Modified signature date on 10/8/2013 (wc). (Entered: 10/07/2013)
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Request |
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| 9 |
Filed: 10/4/2013, Entered: None |
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Defendant's MOTION to Stay Proceedings in Light of Lapse of Appropriations by U.S. Department of Health and Human Services. Responses due by 10/21/2013 (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 10/04/2013)
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Request |
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| 8 |
Filed: 10/4/2013, Entered: None |
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Defendant's MOTION for Extension of Time to Respond to Complaint by U.S. Department of Health and Human Services. Attorney Eric B. Beckenhauer added to party U.S. Department of Health and Human Services(pty:dft). Responses due by 10/21/2013 (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 10/04/2013)
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Request |
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| 7 |
Filed: 9/11/2013, Entered: None |
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ORDER EXPEDITING SERVICE. Signed by Judge Marcia G. Cooke on 9/11/2013. (tm) (Entered: 09/11/2013)
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Request |
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| 6 |
Filed: 9/11/2013, Entered: None |
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Order Requiring Joint Scheduling Report. Signed by Judge Marcia G. Cooke on 9/11/2013. (tm) (Entered: 09/11/2013)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 5 |
Filed: 9/11/2013, Entered: None |
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ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Pretrial Proceedings. Signed by Judge Marcia G. Cooke on 9/11/2013. (tm) (Entered: 09/11/2013)
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Request |
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| 4 |
Filed: 9/9/2013, Entered: None |
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SUMMONS (Affidavit) Returned Executed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. U.S. Department of Health and Human Services served on 8/9/2013, answer due 10/8/2013. (Rashbaum, Daniel) (Entered: 09/09/2013)
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Request |
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| 3 |
Filed: 8/2/2013, Entered: None |
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Summons Issued as to U.S. Department of Health and Human Services (ail) (Entered: 08/02/2013)
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Request |
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| 2 |
Filed: 8/2/2013, Entered: None |
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Judge Assignment to Judge Marcia G. Cooke (ail) (Entered: 08/02/2013)
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Request |
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| 1 |
Filed: 8/2/2013, Entered: None |
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COMPLAINT against Kathleen Sebelius. Filing fees $ 400.00 receipt number 113C-5942960, filed by Vitreo Retinal Consultants of the Palm Beaches, P.A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Rashbaum, Daniel) (Entered: 08/02/2013)
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