Saint Francis Memorial Hospital et al v. Leavitt

Filing 42

ORDER RE: JOINT STATUS REPORT. The parties shall file a Joint Status Report no later than April 4, 2012. Signed by Judge Maxine M. Chesney on February 23, 2012. (mmclc1, COURT STAFF) (Filed on 2/23/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (415) 436-7102 Fax: (415) 436-6748 E-mail: julie.arbuckle@usdoj.gov 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: (202) 205-8703 LAW OFFICES OF GARY E. GLEICHER GARY E. GLEICHER 433 N. Camden Dr., Ste. 515 Beverly Hills, CA. 90210 Telephone: (310) 277-3696 Fax: (310) 278-2991 HONIGMAN MILLER SCHWARTZ AND COHN LLP KENNETH R. MARCUS 660 Woodward Avenue 2290 First National Building Detroit, MI 48226-3506 Telephone: (313) 465-7470 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 1 The Court’s Order entered on January 23, 2012 (docket entry no. 40) directed the parties to 2 file a Joint Status Report no later than February 17, 2012. The parties, by and through their 3 undersigned counsel, respectfully submit this Joint Status Report. 4 1. In their previous Joint Status Reports, the parties have advised this Court that: 5 (a) The Provider Reimbursement Review Board (“PRRB”) had issued its decision dated 6 January 26, 2009 in the case of Quality 89-92 Hospital Based SNF, Group Appeal No. 98-1376G 7 (the “Group Appeal”). See Docket Entry Nos. 30, 31, 33, 34, 35, 36, 37 (all advising this Court 8 of this development). 9 (b) In a decision dated March 20, 2009, the Administrator of the Centers for Medicare and 10 Medicaid Services reversed the decision of the PRRB. The March 20, 2009 decision of the 11 Administrator of the Centers for Medicare and Medicaid Services constituted the final decision 12 of the Secretary regarding the Group Appeal. See 42 U.S.C. § 1395oo(f). See Docket Entry Nos. 13 31, 33, 34, 35, 36, 37 (advising the Court of this development). 14 (c) The hospitals participating in the Group Appeal, which include the Plaintiffs in the 15 instant case (but for different fiscal years than in the instant case), filed a Complaint in the United 16 States District Court for the District of Columbia on April 6, 2009, as amended on April 9, 2009. 17 Glendale Memorial Hospital and Health Center et al. v Sebelius, Case No. 1:09-cv-637 (D.D.C. 18 2009) (“Glendale Memorial Hospital”). See Docket Entry Nos. 31, 33, 34, 35, 36, 37 (advising 19 the Court of this development). 20 (d) The parties ultimately settled the Glendale Memorial Hospital District of Columbia case 21 and on September 15, 2011, they filed a Stipulation of Settlement and Dismissal which was 22 incorporated into an Order the Court entered on October 11, 2011. See Glendale Mem'l Hosp. 23 and Health Ctr., et al., v. Sebelius, Case No. 1:09CV00637 (D.D.C. 2009), Docket Entry Nos. 43 24 and 44. 25 26 (e) On or about November 15, 2011, the settlement agreement in the Glendale Memorial Hospital action was fully implemented. See Docket Entry No. 37. 27 2. On November 23, 2011 and January 17, 2012, the parties to this action filed Joint Status 28 Reports in which they reminded the Court of all of these developments. See Docket Entry Nos. 37 and 39. The parties, however, requested the opportunity to confer further and explore the JOINT STATUS REPORT - Case No. CV 08-1440 MMC 2 1 possibility of settling this action. Id. 2 3. In an order dated January 23, 2012, the Court granted the parties’ request that they be 3 given an opportunity to discuss settlement and to thereafter file another Joint Status Report, and 4 directed the parties to file a Joint Status Report no later than February 17, 2012. See Docket 5 Entry No. 40. 6 4. The Plaintiffs have submitted a settlement proposal to the Defendant, and recently 7 provided Defendant with documentation they contend supports their settlement proposal. On 8 February 17, 2012, Defendant responded to Plaintiffs’ settlement proposal. The parties require 9 additional time to continue settlement negotiations, and if a settlement is reached, to begin the 10 process of formally recommending approval of the proposed settlement. Accordingly, the parties 11 jointly request that they be given an additional forty-five (45) days, through April 4, 2012 to 12 submit a Joint Status Report advising the Court of the status of their settlement negotiations. If, 13 before April 4, 2012, either party reasonably believes that settlement will not be achieved, it shall 14 notify the other party, and within the earlier of five days thereafter or April 4, 2012, the parties 15 shall file a Joint Status Report advising the Court of that fact and submit a proposed case 16 management plan. 17 18 The filer of this document, attests that concurrence in the filing of this document has been obtained from each of the other signatories. 19 20 Respectfully submitted, 21 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.: (310) 277-3696 Fax: (310) 278-2991 _/s/______________________ Julie A. Arbuckle Assistant United States Attorney 450 Golden Gate Avenue, 9th Floor San Francisco, CA 94102 Tel.: (415) 436-7102 Fax: (415) 436-6748 22 23 24 25 26 27 28 JOINT STATUS REPORT - Case No. CV 08-1440 MMC 3 1 2 3 4 _/s/______________________ Kenneth R. Marcus Honigman Miller Schwartz and Cohn LLP 660 Woodward Avenue 2290 First National Building Detroit, MI 48226-3506 Tel.: (313) 465-7470 _/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.: (202) 205-8703 Attorneys for Plaintiffs Attorneys for Federal Defendant Dated: February 17, 2012 Dated: February 17, 2012 5 6 7 8 9 10 11 12 13 14 15 ORDER Good cause appearing, the Court hereby GRANTS the parties' joint request that they be given an additional forty-five (45) days, through April 4, 2012, to a file a Joint Status Report. 16 17 IT IS SO ORDERED. 18 19 Dated: February 23, 2012 ______________________________ United States District Judge 20 21 22 23 24 25 26 27 28 JOINT STATUS REPORT - Case No. CV 08-1440 MMC 4

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