Ramtin Massoudi MD Inc v. Alex Azar, et al

Filing 21

MINUTES (IN CHAMBERS) - PLAINTIFF'S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION by Judge Christina A. Snyder: The Court HEREBY ORDERS the following: (1) Plaintiff's request for a temporary restraining order 6 is DENIED. (2) Plaintiff shall file proof of service of process in connection with the complaint pursuant to Rule 4(i)(1) no later than 2/16/2018. (3) The Court sets a hearing on an order to show cause why preliminary injunction should not issue for 3/12/2018 at 10:00 AM, and directs defendants to show cause why they should not be enjoined from withholding, recouping, or otherwise failing to pay Ramtin Massoudi MD Inc. its future Medicare receivables pending the outcome of an administrative hearing before an Administrative Law Judge. (4) Defendants are directed to file an opposition on or before 2/26/2018, and plaintiff shall file a reply on or before 3/5/2018. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:18-cv-1087-CAS(JPRx)
Date February 12, 2018
RAMTIN MASSOUDI MD INC. v. ALEX AZAR ET AL.

Present: The Honorable 
Catherine Jeang 
Deputy Clerk 

CHRISTINA A. SNYDER 

N/A 

Tape No.

Attorneys Present for Defendants: 

Not Present 
Court Reporter / Recorder

Attorneys Present for Plaintiffs: 

Not Present 
Not Present 
(IN CHAMBERS) - PLAINTIFF’S EX PARTE APPLICATION
Proceedings:  
FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO
SHOW CAUSE RE: PRELIMINARY INJUNCTION (Dkt. 6, filed
February 8, 2018)

I.

INTRODUCTION

On February 8, 2018, plaintiff Ramtin Massoudi MD Inc. filed the instant action
against Seema Verma, Administrator of the Centers for Medicare and Medicaid Services,
and Alex Azar, Secretary of the United States Department of Health and Human Services
(collectively, “defendants”). Dkt. 1. Plaintiff simultaneously filed an ex parte
application for a temporary restraining order. Dkt. 6.
Plaintiff has not provided proof of service in connection with its verified
complaint, indicating that defendants do not have actual notice of this lawsuit, let alone of
plaintiff’s application for a temporary restraining order. With respect to plaintiff’s
obligation to provide proof of service to the United States and its officers, Federal Rule of
Civil Procedure 4(i)(1) provides, in pertinent part:
(i) Serving the United States and Its Agencies, Corporations, Officers, or Employees.
(1) United States. To serve the United States, a party must:
(A) (i) deliver a copy of the summons and of the complaint to the United
States attorney for the district where the action is brought—or to an
assistant United States attorney or clerical employee whom the
United States attorney designates in a writing filed with the court
clerk—or

CV-1087 (02/18)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

Case No. 
Title 

CIVIL MINUTES – GENERAL
‘O’
2:18-cv-1087-CAS(JPRx)
Date February 12, 2018
RAMTIN MASSOUDI MD INC. v. ALEX AZAR ET AL.

(ii) send a copy of each by registered or certified mail to the
civil-process clerk at the United States attorney's office;
(B) send a copy of each by registered or certified mail to the Attorney
General of the United States at Washington, D.C.
Fed. R. Civ. P. 4(i)(1). The record reflects that plaintiff has failed to provide proof of
service in connection with the complaint as required by Rule 4. Accordingly, the Court
HEREBY ORDERS the following:
(1) Plaintiff’s request for a temporary restraining order is DENIED.
(2) Plaintiff shall file proof of service of process in connection with the complaint
pursuant to Rule 4(i)(1) no later than February 16, 2018.
(3) The Court sets a hearing on an order to show cause why preliminary injunction
should not issue for March 12, 2018 at 10:00 a.m., and directs defendants to show
cause why they should not be enjoined from withholding, recouping, or otherwise
failing to pay Ramtin Massoudi MD Inc. its future Medicare receivables pending the
outcome of an administrative hearing before an Administrative Law Judge.
(4) Defendants are directed to file an opposition on or before February 26, 2018, and
plaintiff shall file a reply on or before March 5, 2018.
IT IS SO ORDERED.
Initials of Preparer

CV-1087 (02/18)

CIVIL MINUTES - GENERAL

: 
00 
                       CMJ 

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