Saint Francis Memorial Hospital et al v. Leavitt

Filing 40

ORDER. The Court grants the parties' joint request that they be given an additional thirty-one (31) days, through February 17, 2012, to file a Joint Status Report. Signed by Judge Maxine M. Chesney on January 23, 2012. (mmclc1, COURT STAFF) (Filed on 1/23/2012)

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MELINDA HAAG (CABN 132612)
United States Attorney
JOANN M. SWANSON (CABN 88143)
Chief, Civil Division
JULIE A. ARBUCKLE (CABN 193425)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
OFFICE OF THE GENERAL COUNSEL
JONATHAN C. BRUMER
330 Independence Ave., S.W., Room 5344
Washington, D.C. 20201
Telephone: [phone]
LAW OFFICES OF GARY E. GLEICHER
GARY E. GLEICHER
433 N. Camden Dr., Ste. 515
Beverly Hills, CA. 90210
Telephone: [phone]
Fax: [phone]
HONIGMAN MILLER SCHWARTZ AND COHN LLP
KENNETH R. MARCUS
660 Woodward Avenue
2290 First National Building
Detroit, MI 48226-3506
Telephone: [phone]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
ST. FRANCIS MEMORIAL HOSPITAL )
AND FRANKLIN BENEVOLENT
)
CORPORATION f/k/a DAVIES MEDICAL )
CENTER,
)
)
Plaintiffs,
)
)
v.
)
)
KATHLEEN SEBELIUS, Secretary,
)
U.S. Department of Health and Human
)
Services,
)
)
Defendant.
)
)

JOINT STATUS REPORT - Case No. CV 08-1440 MMC

No. CV 08-1440 MMC
JOINT STATUS REPORT
AND ORDER THEREON

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The Court’s Order entered on December 2, 2011 (docket entry no. 38) directed the parties to

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file a Joint Status Report no later than January 17, 2012. The parties, by and through their

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undersigned counsel, respectfully submit this Joint Status Report.

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1. In their previous Joint Status Reports, the parties have advised this Court that:

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(a) The Provider Reimbursement Review Board (“PRRB”) had issued its decision dated

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January 26, 2009 in the case of Quality 89-92 Hospital Based SNF, Group Appeal No. 98-1376G

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(the “Group Appeal”). See Docket Entry Nos. 30, 31, 33, 34, 35, 36, 37 (all advising this Court

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of this development).

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(b) In a decision dated March 20, 2009, the Administrator of the Centers for Medicare and

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Medicaid Services reversed the decision of the PRRB. The March 20, 2009 decision of the

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Administrator of the Centers for Medicare and Medicaid Services constituted the final decision

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of the Secretary regarding the Group Appeal. See 42 U.S.C. § 1395oo(f). See Docket Entry Nos.

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31, 33, 34, 35, 36, 37 (advising the Court of this development).

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(c) The hospitals participating in the Group Appeal, which include the Plaintiffs in the

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instant case (but for different fiscal years than in the instant case), filed a Complaint in the United

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States District Court for the District of Columbia on April 6, 2009, as amended on April 9, 2009.

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Glendale Memorial Hospital and Health Center et al. v Sebelius, Case No. 1:09-cv-637 (D.D.C.

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2009) (“Glendale Memorial Hospital”). See Docket Entry Nos. 31, 33, 34, 35, 36, 37 (advising

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the Court of this development).

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(d) The parties ultimately settled the Glendale Memorial Hospital District of Columbia case

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and on September 15, 2011, they filed a Stipulation of Settlement and Dismissal which was

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incorporated into an Order the Court entered on October 11, 2011. See Glendale Mem'l Hosp.

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and Health Ctr., et al., v. Sebelius, Case No. 1:09CV00637 (D.D.C. 2009), Docket Entry Nos. 43

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and 44.

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(e) On or about November 15, 2011, the settlement agreement in the Glendale Memorial
Hospital action was fully implemented. See Docket Entry No. 37.

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2. On November 23, 2011, the parties to this action filed a Joint Status Report in which they

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reminded the Court of all of these developments. See Docket Entry No. 37. The parties however
requested “the opportunity to confer further, which may include exploring potential settlement,
JOINT STATUS REPORT - Case No. CV 08-1440 MMC

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and to file a further Joint Status Report with the Court no later than January 15, 2012, informing

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the Court of their proposed case management plan.” Id. at 4, ¶ 5.

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3. In an order dated December 2, 2011, the Court granted the parties’ request that they be

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given an opportunity to confer further and to thereafter file another Joint Status Report, and

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directed the parties to file a Joint Status Report no later than January 17, 2012. See Docket Entry

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No. 38.

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4. The Plaintiffs have submitted a settlement proposal to the Defendant. The Defendant

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requires additional time to complete its review and to respond to the Plaintiffs regarding the

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settlement proposal. Accordingly, the parties jointly request that they be given an additional

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thirty one (31) days, through February 17, 2012, within which time the Defendant can complete

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its review of and respond to the Plaintiffs regarding the settlement proposal. At the conclusion of

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that 31-day period, the parties are prepared to submit a Joint Status Report advising the Court of

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the status of their settlement negotiations. If, before February 17, 2012, either party reasonably

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believes that settlement will not be achieved, it shall notify the other party and within the earlier

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of five days thereafter or February 17, 2012 the parties shall file a Joint Status Report advising

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the Court of that fact and submit a proposed case management plan.

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The filer of this document, attests that concurrence in the filing of this document has
been obtained from each of the other signatories.

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Respectfully submitted,

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LAW OFFICES OF GARY E. GLEICHER

MELINDA HAAG
United States Attorney

_/s/______________________
Gary E. Gleicher
433 N. Camden Dr., Ste. 515
Beverly Hills, CA. 90210
Tel.: [phone]
Fax: [phone]

_/s/______________________
Julie A. Arbuckle
Assistant United States Attorney
450 Golden Gate Avenue, 9th Floor
San Francisco, CA 94102
Tel.: [phone]
Fax: [phone]

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JOINT STATUS REPORT - Case No. CV 08-1440 MMC

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_/s/______________________
Kenneth R. Marcus
Honigman Miller Schwartz and Cohn LLP
660 Woodward Avenue
2290 First National Building
Detroit, MI 48226-3506
Tel.: [phone]

_/s/______________________
Jonathan C. Brumer
U.S. Department of Health and Human
Services
Office of the General Counsel
Centers for Medicare and Medicaid Services
Division
330 Independence Ave., S.W., Room 5344
Washington, D.C. 20201
Tel.: [phone]

Attorneys for Plaintiffs

Attorneys for Federal Defendant

Dated: January 17, 2012

Dated: January 17, 2012

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ORDER

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Good cause appearing, the Court hereby GRANTS the parties' joint request that they
be given an additional thirty-one (31) days, through February 17, 2012, to file a Joint Status
Report.

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IT IS SO ORDERED.

Dated: January 23, 2012

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_________________________________
United States District Judge

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JOINT STATUS REPORT - Case No. CV 08-1440 MMC

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