This case was last updated from U.S. District Courts on 01/03/2020 at 08:47:31 (UTC).

In Re: ALLINA II-TYPE DSH ADJUSTMENT CASES

Case Summary

On 11/04/2019 In Re ALLINA II-TYPE DSH ADJUSTMENT CASES was filed as an Other lawsuit. This case was filed in U.S. District Courts, District Of Columbia District. The Judge overseeing this case is Amy Berman Jackson. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-MC-00190

  • Filing Date:

    11/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

Amy Berman Jackson

 

Party Details

Plaintiffs

COOKEVILLE REGIONAL MEDICAL CENTER AUTHORITY

MISSISSIPPI BAPTIST MEDICAL CENTER, INC.

ST. JOSEPH'S UNIVERSITY MEDICAL CENTER

SOUTHERN CALIFORNIA HEALTHCARE SYSTEM, INC.

MAURY REGIONAL HOSPITAL

NICHOLAS H. NOYES MEMORIAL HOSPITAL, INC.

SLIDELL MEMORIAL HOSPITAL

TRI-CITY HEALTHCARE DISTRICT

KAWEAH DELTA HEALTH CARE DISTRICT

COOPER HEALTH SYSTEM

ROBERT WOOD JOHNSON UNIVERSITY HOSPITAL, INC.

LONG BEACH MEMORIAL MEDICAL CENTER

E.A. CONWAY MEDICAL CENTER

RUBY MEMORIAL HOSPITAL

KAWEAH DELTA MEDICAL CENTER

AFFINITY HOSPITAL, LLC

ST. AGNES MEDICAL CENTER

TEXAS HEALTH HARRIS METHODIST HOSPITAL FORT WORTH

Defendant

ALEX M. AZAR, II

In Re

ALLINA II-TYPE DSH ADJUSTMENT CASES

88 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Kelly A. Carroll

Attorney at HOOPER LUNDY & BOOKMAN, PC

401 9Th Street, Nw, Suite 550

Washington, DC 20004

Robert L. Roth

Attorney at HOOPER LUNDY & BOOKMAN, PC

401 9Th Street, Nw, Suite 550

Washington, DC 20004

Lori Allison Rubin

Attorney at FOLEY & LARDNER, LLP

3000 K Street, Nw, Suite 600

Washington, DC 20007

Kenneth R. Marcus

Attorney at HONIGMAN LLP

660 Woodward Avenue, 2290 First National Building

Detroit, MI 48226

Daniel J. Hettich

Attorney at KING & SPALDING LLP

1700 Pennsylvania Avenue, Nw, Suite 200

Washington, DC 20006

Elizabeth N. Swayne

Attorney at KING & SPALDING LLP

1700 Pennsylvania Avenue, Nw, Suite 200

Washington, DC 20006

Alan Jay Sedley

Attorney at SEDLEY HEALTH LAW GROUP

18880 Douglas, Suite 404

Irvine, CA 92612

Defendant Attorneys

Peter M. Bryce

Attorney at U.S. DEPARTMENT OF JUSTICE

1100 L Street Nw

Washington, DC 20005

Serena Maya Schulz Orloff

Attorney at U.S. DEPARTMENT OF JUSTICE

1100 L Street, Nw

Washington, DC 20005

Other Attorneys

Jeffrey Lee Poston

Attorney at CROWELL & MORING LLP

1001 Pennsylvania Ave Nw, 1001 Pennsylvania Avenue, Nw

Washington, DC 20004-2595

Rachel M. Wertheimer

Attorney at VERRIL DANA LLP

One Boston Place, Suite 1600

Boston, MA 02108

N. Kent Smith

Attorney at HALL RENDER KILLIAN HEALTH & LYMAN, P.C.

500 North Meridian Street, Suite 400

Indianapolis, IN 46204-1293

Stephanie Ann Webster

Attorney at AKIN GUMP STRAUSS HAUER & FELD LLP

2001 K Street, Nw

Washington, DC 20006

Christopher L. Keough

Attorney at AKIN GUMP STRAUSS HAUER & FELD LLP

2001 K Street, Nw

Washington, DC 20006

William F. Coffield

Attorney at BERLINER, CORCORAN & ROWE, L.L.P.

1101 17Th Street, Nw, Suite 1100

Washington, DC 20036-4798

Ronald S. Connelly

Attorney at POWERS, PYLES, SUTTER & VERVILLE

1501 M Street, Nw, 7Th Floor

Washington, DC 20005

 

Court Documents

#19

18 #1

Exhibit Revised Exhibit A

#18

#17

#16

#15

#14

5 #2

Text of Proposed Order

5 #1

Exhibit 1

#5

4 #2

Text of Proposed Order

4 #1

Exhibit A

#4

#3

1 #1

Text of Proposed Order

#1

22 More Documents Available

 

Docket Entries

  • 12/23/2019
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  • Docket(#19) NOTICE of New Plaintiff Group's Position on Defendant's Motion for Voluntary Remand by ALEX M. AZAR, II (Bryce, Peter) (Entered: 12/23/2019)

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  • 12/20/2019
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  • Docket(#18) NOTICE of Filing Revised Exhibit A to Defendant's Motion for Voluntary Remand by ALEX M. AZAR, II re #4 MOTION to Remand to U.S. Department of Health and Human Services (Attachments: #1 Exhibit Revised Exhibit A)(Bryce, Peter) (Entered: 12/20/2019)

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  • 12/20/2019
  • DocketMINUTE ORDER. The Court has reviewed the December 18, 2019 notice of related case filed by defendant in Capital Health System Inc. v. Azar, 19-cv-03504-RDM, the stated grounds for plaintiffs' objections to the notice and consolidation, and the pleadings in the case, and it is persuaded that the case falls squarely within the order of consolidation entered on November 4, 2019. Therefore, the Clerk of Court is directed to transfer Capital Health System, Inc. v. Azar, 19-cv-03504-RDM, to this Court with the consent of the judge currently assigned. The Clerk of Court is further direct to consolidate the case into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/20/19. (DMK) (Entered: 12/20/2019)

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  • 12/20/2019
  • DocketMINUTE ORDER. Upon review of the December 18, 2019 notice filed by defendant and pursuant to the order docketed on November 4, 2019, the Clerk of Court is directed to transfer to this Court Sharp Chula Vista Med. Ctr. v. Azar, 19-cv-03505-TNM, with the consent of the judge currently assigned. The Clerk of Court is further directed to consolidate the case into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/20/19. (DMK) (Entered: 12/20/2019)

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  • 12/18/2019
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  • Docket(#17) NOTICE Docketed Copy of Notice of Related Case Filed in Capital Health System Inc. v. Azar, 19-cv-03504-RDM (DDC) by ALEX M. AZAR, II (Bryce, Peter) (Entered: 12/18/2019)

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  • 12/18/2019
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  • Docket(#16) NOTICE Docketed Copy of Notice of Related Case Filed in Sharp Chula Vista Med. Ctr. v. Azar, 19-cv-03505-TNM (DDC) by ALEX M. AZAR, II (Bryce, Peter) (Entered: 12/18/2019)

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  • 12/13/2019
  • DocketMINUTE ORDER. The Court has reviewed the notices of related case filed by the defendant in Capital Health System, Inc. v. Azar, 19-cv-03229-TJK and in Holy Name Medical Center, Inc. v. Azar, 19-cv-03230-RC, the stated grounds for plaintiffs' objections to the notices and consolidation, and the pleadings in both cases, and it is persuaded that the cases fall squarely within the order of consolidation entered on November 4, 2019. Therefore, the Clerk of Court is directed to transfer Capital Health System, Inc. v. Azar, 19-cv-03229-TJK and Holy Name Medical Center, Inc. v. Azar, 19-cv-03230-RC to this Court with the consent of the judges currently assigned. The Clerk of Court is further direct to consolidate these cases into In re Allina II-Type DSH Adjustment Cases, 19-mc-190. Signed by Judge Amy Berman Jackson on 12/13/19. (DMK) (Entered: 12/13/2019)

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  • 12/12/2019
  • DocketMINUTE ORDER granting (16) Motion to Withdraw in case 1:18-cv-01718-ABJ. It is ORDERED that the motion to withdraw Jeffery L. Poston as counsel for plaintiff Yale-New Haven Hospital is GRANTED. Signed by Judge Amy Berman Jackson on 12/12/19. (DMK) (Entered: 12/12/2019)

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  • 12/10/2019
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  • Docket(#15) NOTICE Docketed Copy of Notice of Related Case Filed in Holy Name Med. Ctr. Inc. v. Azar, 19-cv-03230-RC (DDC) by ALEX M. AZAR, II (Bryce, Peter) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#14) NOTICE Docketed Copy of Notice of Related Case Filed in Capital Health System Inc. v. Azar, 19-cv-03229-TJK (DDC) by ALEX M. AZAR, II (Bryce, Peter) (Entered: 12/10/2019)

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10 More Docket Entries
  • 11/26/2019
  • DocketMINUTE ORDER granting (14) in case 1:18-cv-01718-ABJ and (9) in case 1:19-cv-02201-ABJ: Motions for Leave of Rachel Wertheimer to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. All counsel are reminded to docket any filings relating to their individual cases in both their individual cases and in the consolidated ma tter, 19-mc-190. Signed by Judge Amy Berman Jackson on 11/26/19. (DMK) (Entered: 11/26/2019)

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  • 11/21/2019
  • DocketNOTICE OF CORRECTED DOCKET ENTRY: The parties shall take notice that the Minute Order entered on this date has been revised. (tg) (Entered: 11/21/2019)

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  • 11/21/2019
  • DocketMINUTE ORDER. This order relates to ALL CASES. The Court is aware that there may be additional complaints filed in this district that present the same legal issue before the Court in this consolidated matter: how the Secretary should apply Azar v. Allina Health Services, 139 S. Ct. 1804 (2019), to plaintiffs' DSH adjustments for the fiscal years before the 2013 Medicare Program Final Rule took effect. It is ORDERED that defendant shall review any pending Allina II-type cases that were not a subject of the consolidation order and promptly review any filed in the future, and if he determines that any case presents the same issue that is involved here, he shall file a notice of related case in that matter and docket a copy in this consolidated action. Defendant shall confer with plaintiffs' counsel in each such case and set forth in any notice plaintiffs' position on whether the case is related. Signed by Judge Amy Berman Jackson on 11/21/19. (DMK) Modified on 11/21/2019 (ztg). (Entered: 11/21/2019)

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  • 11/20/2019
  • DocketMINUTE ORDER. This order relates to 17-cv-1751, Florida Health Sciences Center v. Azar ("Florida Health Sciences"). Pursuant to the order of November 4, 2019, Counts I and III of Florida Health Sciences were consolidated with 17-cv-1134/19-mc-0190, while Count II remained with the court to which the case was originally assigned. For the administrative convenience of the Court and counsel, the Clerk of Court is directed to open a new civil action, transfer the parties in Florida Health Sciences to the new action, and copy Florida Health Sciences into the new action so that Count II may proceed separately before the originally assigned court. The parties in Florida Health Sciences will also remain in the consolidated case 17-cv-1134/19-mc-0190 so that Counts I and III may proceed before this Court. Signed by Judge Amy Berman Jackson on 11/20/19. (DMK) (Entered: 11/20/2019)

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  • 11/19/2019
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  • DocketMINUTE ORDER. The Court has already set a schedule for the briefing of #4 defendant's motion for remand, and #5 the motion for deferral of defendant's motion for remand appears to be an effort to address the same subject matter in a duplicative and possibly unnecessary set of pleadings. The schedule for the filing of an opposition or reply to the motion for deferral is hereby suspended pending further order of the Court. Signed by Judge Amy Berman Jackson on 11/19/19. (DMK) (Entered: 11/19/2019)

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  • 11/15/2019
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  • Docket(#5) MOTION For Deferral of Defendant's Remand Motion Pending Summary Judgment Briefing on an Administrative Record re #4 MOTION to Remand to U.S. Department of Health and Human Services by ADVENTIST BOLINGBROOK HOSPITAL, ALAMANCE REGIONAL MEDICAL CENTER, ALBANY MEDICAL CENTER HOSPITAL, ALBERT EINSTEIN HEALTHCARE NETWORK, BROOKS MEMORIAL HOSPITAL, FLORIDA HEALTH SCIENCES CENTER, INC., ROCHESTER GENERAL HOSPITAL, ST. FRANCIS HOSPITAL, INC., ST. JOSEPH HOSPITAL OF ORANGE (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Webster, Stephanie) (Entered: 11/15/2019)

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  • 11/15/2019
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  • Docket(#4) MOTION to Remand to U.S. Department of Health and Human Services by ALEX M. AZAR, II (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Bryce, Peter) (Entered: 11/15/2019)

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  • 11/14/2019
  • DocketMINUTE ORDER. For the administrative convenience of the Court and counsel, and given the large number of plaintiffs in the consolidated cases, the Clerk of Court is directed to list only the first named plaintiff in each of the 66 consolidated cases on the docket of this miscellaneous matter. This will reduce the number of parties appearing at the top of the electronic docket while ensuring that counsel in each of the consolidated cases will receive ECF notices of filings, and that they will be able to file in this matter without re-entering the names of all of the parties they represent. This purely administrative step does not alter the fact that claims filed on behalf of all of the plaintiffs involved in each of the individual cases, which -- with the exception of Count II in the Florida Health Sciences matter, 17-cv-1751 -- were consolidated in this miscellaneous matter on November 4, 2019 #1 , remain consolidated before this Court. Signed by Judge Amy Berman Jackson on 11/14/19. (DMK) (Entered: 11/14/2019)

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  • 11/12/2019
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  • Docket(#3) NOTICE OF WITHDRAWAL OF MOTION by ALLINA II-TYPE DSH ADJUSTMENT CASES PLAINTIFFS' WITHDRAWAL OF MOTION FOR ORDER TO MEET AND CONFER AND TO SUBMIT A CASE MANAGEMENT PLAN (Marcus, Kenneth) (Entered: 11/12/2019)

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  • 11/08/2019
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  • Docket(#2) Memorandum in opposition to Motion for Order to Meet and Confer and to Submit a Case Management Plan filed by ALEX M. AZAR, II. (Attachments: #1 Text of Proposed Order)(Bryce, Peter) (Entered: 11/08/2019)

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