This case was last updated from U.S. Courts Of Appeals on 03/10/2019 at 06:04:26 (UTC).

Sensory NeuroStimulation, Inc., et al v. Alex Azar, II, et al

Case Summary

On 01/09/2019 Sensory NeuroStimulation, Inc filed a Government Benefit - Medicare lawsuit against Alex Azar, II. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Ninth Circuit. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    19-55036

  • Filing Date:

    01/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Government Benefit - Medicare

 

Party Details

Plaintiff

FRED BURBANK, MD, CEO, President, Board Chairman, and stock holder

Defendants

LAURENCE WILSON, Centers for Medicare and Medicaid Services

SEEMA VERMA, Administrator Centers for Medicare and Medicaid Services

DEMETRIOS KOUZOUKAS, Principal Deputy Administrator Centers for Medicare and Medicaid Services

WILFRED MAMUYA, MD, PhD Medical Director, DME MAC, Jurisdiction A

STACEY V. BRENNAN, M.D., FAAFP, Medical Director, DME MAC, Jurisdiction B

PETER J. GURK, MD, Medical Director, DME MAC, Jurisdiction D

ROBERT D. HOOVER, Jr., MD, MPH, FACP, Medical Director, DME MAC, Jurisdiction C

Plaintiff / Appellant

SENSORY NEUROSTIMULATION, INC., a California corporation

Defendant / Appellees

U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES

CENTERS FOR MEDICARE & MEDICAID SERVICES

ALEX M. AZAR II, in his official capacity as Secretary of the United States Department of Health and Human Services

Attorney/Law Firm Details

Plaintiff / Appellant Attorneys

Saul S. Rostamian

Attorney at Winston & Strawn LLP

333 South Grand Avenue

Los Angeles, CA 90071

Diana Leiden

Attorney at Winston & Strawn LLP

333 South Grand Avenue

Los Angeles, CA 90071

Lauren Gailey Esquire

Attorney at Winston & Strawn LLP

1700 K Street, N.W.

Washington, DC 20006

Linda T. Coberly

Attorney at Winston & Strawn LLP

35 W. Wacker Drive

Chicago, IL 60601-9703

Defendant / Appellee Attorney

Karen Paik

Attorney at DOJ - U.S. DEPARTMENT OF JUSTICE

300 N. Los Angeles St.

Los Angeles, CA 90012

 

Court Documents

#10

(#10) Submitted (ECF) excerpts of record. Submitted by Appellant Sensory NeuroStimulation, Inc.. Date of service: 03/06/2019. [11218878] [19-55036] (Gailey, Lauren) [Entered: 03/06/2019 06:50 PM]

#5

(#5) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11198372] (VS) [Entered: 02/19/2019 08:15 AM]

#4

(#4) MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 02/15/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11175473] (VS) [Entered: 02/01/2019 09:21 AM]

#2

(#2) Filed (ECF) Appellant Sensory NeuroStimulation, Inc. Mediation Questionnaire. Date of service: 01/16/2019. [11155136] [19-55036] (Rostamian, Saul) [Entered: 01/16/2019 10:52 AM]

1 #3

Case Opening Packet

1 #2

Mediation Letter

#1

Docketing Letter

 

Docket Entries

  • 03/07/2019
  • (#11) Added attorney Linda T. Coberly for Sensory NeuroStimulation, Inc., in case 19-55036. [11219899] (JFF) [Entered: 03/07/2019 02:11 PM]

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  • 03/06/2019
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  • (#10) Submitted (ECF) excerpts of record. Submitted by Appellant Sensory NeuroStimulation, Inc.. Date of service: 03/06/2019. [11218878] [19-55036] (Gailey, Lauren) [Entered: 03/06/2019 06:50 PM]

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  • 03/06/2019
  • (#9) Filed (ECF) UNDER SEAL Appellant Sensory NeuroStimulation, Inc. notice of intent to unseal previously sealed material. Material: other (Brief and vol. II of excerpts of record). Date of service: 03/06/2019. [11218877] [19-55036]--[COURT UPDATE: Attached corrected notice and brief. 03/07/2019 by SLM] (Gailey, Lauren) [Entered: 03/06/2019 06:48 PM]

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  • 03/06/2019
  • (#8) Filed (ECF) notice of appearance of Linda T. Coberly for Appellant Sensory NeuroStimulation, Inc.. Date of service: 03/06/2019. (Party previously proceeding without counsel: No) [11218869] [19-55036] (Coberly, Linda) [Entered: 03/06/2019 06:27 PM]

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  • 02/19/2019
  • (#7) Added attorney Lauren Gailey for Sensory NeuroStimulation, Inc., in case 19-55036. [11200112] (JFF) [Entered: 02/19/2019 04:31 PM]

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  • 02/19/2019
  • (#6) Filed (ECF) notice of appearance of Lauren Gailey for Appellant Sensory NeuroStimulation, Inc.. Date of service: 02/19/2019. (Party previously proceeding without counsel: No) [11199538] [19-55036] (Gailey, Lauren) [Entered: 02/19/2019 02:11 PM]

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  • 02/19/2019
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  • (#5) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11198372] (VS) [Entered: 02/19/2019 08:15 AM]

    Read MoreRead Less
  • 02/01/2019
  • View Court Documents
  • (#4) MEDIATION ORDER FILED: The Mediation Program of the 9th Circuit Court of Appeals facilitates settlement while appeals are pending. By 02/15/2019, counsel for all parties intending to file briefs in this matter are requested to inform the Circuit Mediator by email of their clients' views on whether the issues on appeal or the underlying dispute might be amenable to settlement presently or in the foreseeable future. This communication will be kept confidential, if requested... This communication should not be filed with the court... The existing briefing schedule remains in effect... [11175473] (VS) [Entered: 02/01/2019 09:21 AM]

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  • 01/16/2019
  • (#3) The Mediation Questionnaire for this case was filed on 01/16/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11155447] (AD) [Entered: 01/16/2019 12:44 PM]

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  • 01/16/2019
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  • (#2) Filed (ECF) Appellant Sensory NeuroStimulation, Inc. Mediation Questionnaire. Date of service: 01/16/2019. [11155136] [19-55036] (Rostamian, Saul) [Entered: 01/16/2019 10:52 AM]

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  • 01/09/2019
  • View Court Documents
  • (#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/16/2019. Appellant Sensory NeuroStimulation, Inc. opening brief due 03/06/2019. Appellees Alex M. Azar II, Centers for Medicare & Medicaid Services and U.S. Department of Health & Human Services answering brief due 04/08/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11146411] (RT) [Entered: 01/09/2019 10:06 AM]

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