Southeast Arkansas Hospice Inc v. Department of Health and Human Services
ORDER re 8 MOTION for Temporary Restraining Order Preliminary Injunction filed by Southeast Arkansas Hospice Inc. The Court will conduct a preliminary injunction hearing, which will be set by separate order. Plaintiff's motion remains pending. Signed by Judge Kristine G. Baker on 1/21/14. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
SOUTHEAST ARKANSAS HOSPICE, INC.
Case No. 2:13-cv-00134-KGB
KATHLEEN SEBELIUS, SECRETARY,
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES
Before the Court is plaintiff’s application for a temporary restraining order / preliminary
injunction, to stay collection of all demands for repayment, pending final adjudication (Dkt. No.
8). Plaintiff requests that the Court issue an ex parte temporary restraining order and / or
preliminary injunction to stay any further collection activity on defendant’s seven demands for
repayment of Medicare hospice reimbursement funds.
The Court is not inclined to grant an ex parte temporary restraining order. Trenton
Indian Serv. Area v. Loudermilk, No. 4:12-CV-143, 2012 WL 5258897 (D.N.D. Oct. 23, 2012)
(“The stringent restrictions imposed by Rule 65 on the availability of ex parte temporary
restraining orders reflect the fact that our entire jurisprudence runs counter to the notion of court
action taken before reasonable notice and an opportunity to be heard has been granted both sides
of a dispute.”). The Court determines that notice of plaintiff’s request for injunctive relief has
been given to defendant via the court’s electronic filing system and, therefore, opts to treat this as
a request for a preliminary injunction. Branstad v. Glickman, 118 F. Supp. 2d 925, 936 (N.D.
Iowa 2000) (“Rule 65 of the Federal Rules of Civil Procedure provides that no preliminary
injunction shall be issued without notice to the adverse party, while a TRO may be granted
without written or oral notice to the adverse party or that party’s attorney.”) (internal quotation
and citation omitted). Accordingly, the Court will conduct a preliminary injunction hearing
which will be set by separate order. Plaintiff’s motion remains pending.
The Court notes that plaintiff states in its motion that two of the seven demands for
repayment at issue have not been appealed to the Provider Reimbursement Review Board
(“PRRB”). The Court reserves ruling on whether it has subject matter jurisdiction to hear any
disputes regarding the demands for repayment that have not been appealed to the PRRB.
SO ORDERED this the 21st day of January, 2014.
Kristine G. Baker
United States District Judge
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