Paul Messer et al v. US Dept of Health and Human Services et al
Filing
24
MINUTES OF IN CHAMBERS ORDER held before Judge Cormac J. Carney. The Court now LIFTS the stay in this case and issues this ORDER TO SHOW CAUSE why judgment should not be entered in favor of Defendants due to insufficient evidence to show that ALJ Ko ldewey improperly signed ALJ Goulds order o r otherwise violated federal law. Any opposition to this order to show cause shall be filed on or before April 16, 2010. Any reply shall be filed on or before April 30, 2010. The matter will stand submitted upon receipt of all papers, and the Court will schedule a hearing if necessary. (db)
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES GENERAL Case No. SACV 08-00633-CJC (RNBx) Date: March 19, 2010
Title: PAUL MESSER ET AL. v. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES ET AL.
PRESENT: HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE Terri Steele Deputy Clerk
ATTORNEYS PRESENT FOR PLAINTIFF:
N/A Court Reporter
ATTORNEYS PRESENT FOR DEFENDANT:
None Present
None Present
PROCEEDINGS: (IN CHAMBERS) ORDER LIFTING STAY AND ORDER TO SHOW CAUSE WHY JUDGMENT SHOULD NOT BE ENTERED IN FAVOR OF DEFENDANTS The principle claim in this case is that the Presiding Administrative Law Judge ("ALJ") for the Center for Medicare Services' Office of Medicare Hearings and Appeals, Ellen Koldewey, improperly signed ALJ Richard Gould's order stating that Plaintiff Dr. Dorothy Calabrese had been overpaid for services provided to her patients. The Court previously stayed this case pending Plaintiffs' exhaustion of their administrative remedies. By order dated March 8, 2010, the Court affirmed ALJ Gould's decision in full. The Court now LIFTS the stay in this case and issues this ORDER TO SHOW CAUSE why judgment should not be entered in favor of Defendants due to insufficient evidence to show that ALJ Koldewey improperly signed ALJ Gould's order or otherwise violated federal law. Any opposition to this order to show cause shall be filed on or before April 16, 2010. Any reply shall be filed on or before April 30, 2010. The matter will stand submitted upon receipt of all papers, and the Court will schedule a hearing if necessary.
imd MINUTES FORM 11 CIVIL-GEN Initials of Deputy Clerk TS
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