Robie v. Price

Federal Civil Lawsuit West Virginia Southern District Court, Case No. 2:17-cv-03089
District Judge Joseph R. Goodwin, presiding
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District Judge Joseph R. Goodwin
Last Updated October 21, 2018 at 3:48 AM EDT (6.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo E. Michael Robie, Plaintiff

Represented by Spilman, Thomas & Battle, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alexander Macia +1 304 340 3800 +1 304 340 3801 amacia@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Brienne T. Marco +1 304 340 3800 +1 304 340 3801 bmarco@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Don C.A. Parker +1 304 340 3800 +1 304 340 3801 dparker@spilmanlaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Grant P.H. Shuman +1 304 340 3800 +1 304 340 3801 gshuman@spilmanlaw.com
v.
No Logo Palmetto Gba, LLC, Defendant

Represented by Office Of The United States Attorney, Eastern District Of Virginia

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Fred B. Westfall, Jr. +1 304 345 2200 +1 304 347 5443 fred.westfall@usdoj.gov

Represented by Steptoe & Johnson, LLP

Name Phone Fax E-Mail
TERMINATED: 06/22/2017 Jennifer Anderson Hill +1 304 353 8000 +1 304 353 8180 Jennifer.Anderson@steptoe-johnson.com
No Logo Thomas E. Price, Defendant

Represented by Office Of The United States Attorney, Eastern District Of Virginia

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jennifer M. Mankins +1 304 345 2200 +1 304 347 5443 jennifer.mankins@usdoj.gov
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Fred B. Westfall, Jr. +1 304 345 2200 +1 304 347 5443 fred.westfall@usdoj.gov
Attributes
Citation Section 42 U.S.C. § 1395
Nature of Suit 151 - Contract: Medicare Act
Timeline
  Entries (32) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 32 Filed: 7/14/2017, Entered: None Unknown Document Type
MEMORANDUM by Thomas E. Price in support of 31 MOTION by Thomas E. Price to Dismiss Temporary Restraining Order re: 29 Memorandum Opinion and Order, or in the Alternative, MOTION to Require Plaintiff to Post Security or Bond as Required by Fed. R. Civ. P. 65(c) (Westfall, Fred)
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Legal Document (Payment Possibly Required) 31 Filed: 7/14/2017, Entered: None Unknown Document Type
MOTION by Thomas E. Price to Dismiss Temporary Restraining Order re: 29 Memorandum Opinion and Order, or in the Alternative, MOTION to Require Plaintiff to Post Security or Bond as Required by Fed. R. Civ. P. 65(c) (Westfall, Fred).
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Legal Document (Payment Possibly Required) 30 Filed: 7/14/2017, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jennifer M. Mankins appearing on behalf of Thomas E. Price. (Mankins, Jennifer)
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Blank 29 Filed: 7/7/2017, Entered: None Unknown Document TypeCourt Filing
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 Preliminary 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'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 DENIED 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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Legal Document (Payment Possibly Required) 28 Filed: 7/6/2017, Entered: None Unknown Document Type
REPLY by E. Michael Robie to 27 Memorandum In Opposition. (Marco, Brienne)
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Legal Document (Payment Possibly Required) 27 Filed: 7/5/2017, Entered: None Unknown Document Type
MEMORANDUM by Palmetto GBA, LLC, Thomas E. Price in opposition to 26 SECOND MOTION by E. Michael Robie for Leave to Supplement Response of Plaintiff in Opposition to the Motions of Defendants to Dismiss (Westfall, Fred)
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Legal Document (Payment Possibly Required) 26 Filed: 6/29/2017, Entered: None Unknown Document Type
SECOND MOTION by E. Michael Robie for Leave to Supplement Response of Plaintiff E. Michael Robie, D.O., in Opposition to the Motions of Defendants Thomas E. Price, M.D., Secretary of the United States Department of Health and Human Services, and Palmetto GBA, LLC to Dismiss with proposed document attached (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) A-1, # 3 Exhibit(s) A-2, # 4 Exhibit(s) A-3, # 5 Exhibit(s) A-4, # 6 Exhibit(s) A-5-1, # 7 Exhibit(s) A-5-2, # 8 Exhibit(s) A-5-3, # 9 Exhibit(s) A-5-4, # 10 Exhibit(s) A-5-5, # 11 Exhibit(s) A-5-6, # 12 Exhibit(s) A-5-7, # 13 Exhibit(s) A-5-8, # 14 Exhibit(s) A-5-9, # 15 Exhibit(s) A-5-10, # 16 Exhibit(s) A-5-11, # 17 Exhibit(s) A-5-12, # 18 Exhibit(s) A-5-13, # 19 Exhibit(s) A-5-14, # 20 Exhibit(s) A-5-15, # 21 Exhibit(s) A-5-16, # 22 Exhibit(s) A-5-17, # 23 Exhibit(s) A-5-18, # 24 Exhibit(s) A-5-19, # 25 Exhibit(s) A-5-20, # 26 Exhibit(s) A-5-21, # 27 Exhibit(s) A-5-22, # 28 Exhibit(s) A-5-23, # 29 Exhibit(s) A-5-24, # 30 Exhibit(s) A-5-25, # 31 Exhibit(s) A-5-26, # 32 Exhibit(s) A-5-27, # 33 Exhibit(s) A-5-28, # 34 Exhibit(s) A-6, # 35 Exhibit(s) A-7, # 36 Exhibit(s) A-8, # 37 Exhibit(s) A-9-1, # 38 Exhibit(s) A-9-2, # 39 Exhibit(s) A-9-3, # 40 Exhibit(s) A-9-4, # 41 Exhibit(s) A-10, # 42 Exhibit(s) A-11, # 43 Exhibit(s) A-12-1, # 44 Exhibit(s) A-12-2, # 45 Exhibit(s) A-13-1, # 46 Exhibit(s) A-13-2, # 47 Exhibit(s) A-13-3, # 48 Exhibit(s) A-13-4, # 49 Exhibit(s) A-13-5, # 50 Exhibit(s) A-13-6, # 51 Exhibit(s) A-13-7, # 52 Exhibit(s) A-13-8, # 53 Exhibit(s) A-13-9, # 54 Exhibit(s) A-13-10, # 55 Exhibit(s) A-13-11, # 56 Exhibit(s) A-13-12, # 57 Exhibit(s) A-13-13, # 58 Exhibit(s) A-13-14, # 59 Exhibit(s) A-13-15, # 60 Exhibit(s) A-13-16, # 61 Exhibit(s) A-13-17, # 62 Exhibit(s) A-13-18, # 63 Exhibit(s) A-13-19, # 64 Exhibit(s) A-13-20, # 65 Exhibit(s) A-13-21)(Marco, Brienne)
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Legal Document (Payment Possibly Required) 25 Filed: 6/26/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on 06/23/2017, before Judge Joseph R. Goodwin. Court Reporter Kimberly Kaufman, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 7/6/2017. Redaction Request due 7/17/2017. Redacted Transcript Deadline set for 7/27/2017. Release of Transcript Restriction set for 9/25/2017. (klk)
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Legal Document (Payment Possibly Required) 24 Filed: 6/23/2017, Entered: None Unknown Document TypeCourt Filing
MOTION HEARING held by Judge Joseph R. Goodwin on 6/23/2017 re: 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order MOTION by E. Michael Robie for Preliminary Injunction Court Reporter: Kimberly Kaufman. (rac)
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Legal Document (Payment Possibly Required) 23 Filed: 6/22/2017, Entered: None Unknown Document Type
REPLY by Thomas E. Price to 19 Response In Opposition. (Westfall, Fred)
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Legal Document (Payment Possibly Required) 22 Filed: 6/22/2017, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Jennifer Anderson Hill requesting removal from the Court's service list on behalf of Palmetto GBA, LLC. (Hill, Jennifer)
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Legal Document (Payment Possibly Required) 21 Filed: 6/22/2017, Entered: None Unknown Document Type
NOTICE of Withdrawal and Substitution of Counsel by Palmetto GBA, LLC (Hill, Jennifer)
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Legal Document (Payment Possibly Required) 20 Filed: 6/22/2017, Entered: None Unknown Document Type
MOTION by E. Michael Robie for Leave to Supplement Response of Plaintiff E. Michael Robie, D.O., in Opposition to the Motions of Defendants Thomas E. Price, M.D., Secretary of the United States Department of Health and Human Services, and Palmetto GBA, LLC to Dismiss (Attachment: # 1 Exhibit A)(Marco, Brienne)
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Legal Document (Payment Possibly Required) 19 Filed: 6/20/2017, Entered: None Unknown Document Type
RESPONSE by E. Michael Robie in opposition to 12 MOTION by Thomas E. Price to Dismiss 1 Verified Complaint for Injunctive Relief and Mandamus for Lack of Subject Matter Jurisdiction, 14 MOTION by Thomas E. Price to Dismiss 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and Preliminary Injunction, 16 MOTION by Palmetto GBA, LLC to Dismiss 1 Verified Complaint for Injunctive Relief and Mandamus for Lack of Subject Matter Jurisdiction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4-4D, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Marco, Brienne)
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Legal Document (Payment Possibly Required) 18 Filed: 6/20/2017, Entered: None Unknown Document Type
MOTION by E. Michael Robie to Exceed Page Limit (Marco, Brienne)
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Legal Document (Payment Possibly Required) 17 Filed: 6/16/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Don C.A. Parker on behalf of E. Michael Robie. (Parker, Don)
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Legal Document (Payment Possibly Required) 16 Filed: 6/13/2017, Entered: None Unknown Document Type
MOTION by Palmetto GBA, LLC to Dismiss 1 Verified Complaint for Injunctive Relief and Mandamus for Lack of Subject Matter Jurisdiction (Hill, Jennifer)
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Legal Document (Payment Possibly Required) 15 Filed: 6/13/2017, Entered: None Unknown Document Type
MEMORANDUM by Thomas E. Price in support of 14 MOTION by Thomas E. Price to Dismiss 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and Preliminary Injunction (Westfall, Fred)
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Legal Document (Payment Possibly Required) 14 Filed: 6/13/2017, Entered: None Unknown Document Type
MOTION by Thomas E. Price to Dismiss 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A) (Westfall, Fred) (Modified on 6/14/2017 to add link to # 3 motion) (kp).
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Legal Document (Payment Possibly Required) 13 Filed: 6/13/2017, Entered: None Unknown Document Type
MEMORANDUM by Thomas E. Price in support of 12 MOTION by Thomas E. Price to Dismiss 1 Verified Complaint for Injunctive Relief and Mandamus for Lack of Subject Matter Jurisdiction (Westfall, Fred) (Modified on 6/14/2017 to remove link to # 11 motion) (kp).
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Legal Document (Payment Possibly Required) 12 Filed: 6/13/2017, Entered: None Unknown Document Type
MOTION by Thomas E. Price to Dismiss 1 Verified Complaint for Injunctive Relief and Mandamus for Lack of Subject Matter Jurisdiction (Westfall, Fred) (Modified on 6/14/2017 to add link to # 1 complaint) (kp).
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Legal Document (Payment Possibly Required) 11 Filed: 6/13/2017, Entered: None Unknown Document Type
MOTION by Thomas E. Price to File Brief in Excess of Page Limit for Memorandum of Law in Support of Motion for Summary Judgment(Westfall, Fred)
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Legal Document (Payment Possibly Required) 10 Filed: 6/12/2017, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Brienne T. Marco on behalf of E. Michael Robie. (Marco, Brienne)
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Legal Document (Payment Possibly Required) 9 Filed: 6/9/2017, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on 06/06/2017, before Judge Joseph R. Goodwin. Court Reporter Kimberly Kaufman, Telephone number 304-347-3188. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 6/19/2017. Redaction Request due 6/30/2017. Redacted Transcript Deadline set for 7/10/2017. Release of Transcript Restriction set for 9/7/2017. (klk)
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Legal Document (Payment Possibly Required) 8 Filed: 6/7/2017, Entered: None Unknown Document TypeCourt Filing
ORDER pursuant to the 3 MOTION for Temporary Restraining Order; directing that the parties appear for a hearing on 6/23/2017 at 10:00 a.m. in Charleston; further directing the following briefing schedule on the issues discussed at the hearing: Defendant's brief due by 6/13/2017, plaintiff's response due by 6/20/2017 and defendant's reply due by 6/22/2017. Signed by Judge Joseph R. Goodwin on 6/7/2017. (cc: counsel of record; any unrepresented party) (taq)
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Legal Document (Payment Possibly Required) 7 Filed: 6/6/2017, Entered: None Unknown Document TypeCourt Filing
MOTION HEARING held by Judge Joseph R. Goodwin on 6/6/2017 re: 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and MOTION by E. Michael Robie for Preliminary Injunction. Court Reporter: Kimberly Kaufman. (lca)
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Legal Document (Payment Possibly Required) 6 Filed: 6/1/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Palmetto GBA, LLC, re: 1 Verified Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (mks)
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Legal Document (Payment Possibly Required) 5 Filed: 6/1/2017, Entered: None Unknown Document Type
ELECTRONIC SUMMONS ISSUED as to Thomas E. Price, re: 1 Verified Complaint. Summons returnable 60 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to U.S. Department of Health and Human Services, # 2 Summons as to U.S. Attorney) (mks)
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Legal Document (Payment Possibly Required) 4 Filed: 6/1/2017, Entered: None Unknown Document Type
MEMORANDUM OF LAW by E. Michael Robie in support of 3 MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and Preliminary Injunction (Macia, Alexander)
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Legal Document (Payment Possibly Required) 3 Filed: 6/1/2017, Entered: None Unknown Document Type
MOTION by E. Michael Robie for Ex Parte Temporary Restraining Order and Preliminary Injunction (Macia, Alexander).
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Legal Document (Payment Possibly Required) 2 Filed: 6/1/2017, Entered: None Unknown Document TypeCourt Filing
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (mks)
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Legal Document (Payment Possibly Required) 1 Filed: 5/31/2017, Entered: None Unknown Document Type
VERIFIED COMPLAINT FOR INJUNCTIVE RELIEF AND MANDAMUS. Filing Fee $400.00. Receipt # 0425-5662058. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1A, # 3 Exhibit 1B, # 4 Exhibit 2, # 5 Exhibit 2A, # 6 Exhibit 2B, # 7 Exhibit 3, # 8 Exhibit 4, # 9 Civil Cover Sheet) (mks) (Entered: 06/01/2017)
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