Prime Healthcare Services - Shasta, LLC v. Burwell

Filing 48

ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 FINDINGS AND RECOMMENDATIONS #42 in each of these actions are VACATED; Defendant's #19 Motion to Dismiss filed in each of these actions is GRANTED; these actions are DISMISSED, but Plaintiff is GRANTED 30 days leave to amend.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PRIME HEALTHCARE SERVICES —
SHASTA, LLC,
Plaintiff,
v.
SYLVIA MATHEWS BURWELL,
Defendant.

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PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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No. 2:15-cv-0154-TLN-KJN

Plaintiff,
v.
SYLVIA MATHEWS BURWELL,
Defendant.

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No. 2:14-cv-2791-TLN-KJN

PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

No. 2:15-cv-0324-TLN-KJN

Plaintiff,
v.
SYLVIA MATHEWS BURWELL,
Defendant.
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PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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Plaintiff,
v.
SYLVIA MATHEWS BURWELL,

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Defendant.
PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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v.
SYLVIA MATHEWS BURWELL,
Defendant.
PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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v.
SYLVIA MATHEWS BURWELL,
Defendant.
PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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No. 2:15-cv-0473-TLN-KJN

Plaintiff,

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No. 2:15-cv-0450-TLN-KJN

Plaintiff,

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No. 2:15-cv-0400-TLN-KJN

No. 2:15-cv-0474-TLN-KJN

Plaintiff,
v.
SYLVIA MATHEWS BURWELL,
Defendant.

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PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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Plaintiff,

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v.
SYLVIA MATHEWS BURWELL,

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Defendant.
PRIME HEALTHCARE SERVICES —
SHASTA, LLC,

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No. 2:15-cv-1120-TLN-KJN

Plaintiff,

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No. 2:15-cv-0709-TLN-KJN

v.

ORDER

SYLVIA MATHEWS BURWELL,

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Defendant.

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Plaintiff Prime Healthcare, LLC (“plaintiff”) filed these actions against Sylvia Mathew

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Burwell, in her official capacity as Secretary of the Department of Health and Human Services

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(“defendant” or “Secretary”). In these actions, plaintiff seeks judicial review of decisions by the

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Secretary, acting through the Medicare Appeals Council (“MAC”), to dismiss plaintiff’s requests

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for review of unfavorable decisions concerning its claims for reimbursement for emergency

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medical services it allegedly provided to Medicare beneficiaries prior to the time it had a

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Medicare provider’s agreement in place.
On May 9, 2017, the undersigned filed findings and recommendations (2:14-cv-2791-

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TLN-KJN, ECF No. 52), which were served on the parties and which contained notice that any

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objections to the findings and recommendations were to be filed within fourteen (14) days. On

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May 23, 2017, plaintiff and defendant each filed objections to the findings and recommendations

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(Id., ECF Nos. 53, 54). In light of the objections, the court deems it appropriate to grant the

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plaintiff leave to amend. At this time, the court vacates the findings and recommendations and

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takes no position on the merits of any potential amendment.1 Defendants may file responsive

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However, to the extent that plaintiff intends to challenge the Secretary’s policies and/or
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motions as appropriate.

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Therefore, IT IS HEREBY ORDERED that:

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1.

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The May 9, 2017 findings and recommendations filed in each of these actions are
vacated.

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2.

Defendant’s motion to dismiss filed in each of these actions is GRANTED.

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3.

These actions are DISMISSED, but plaintiff is granted 30 days leave to amend.

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IT IS SO ORDERED.

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Dated: July 17, 2017

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regulations, plaintiff might consider amending a complaint in one action (and voluntarily
dismissing the others) or bringing a motion to consolidate all of the pending actions.
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