Briscoe et al v. Sebelius et al

Filing 78

ORDER that the Recommendation of United States Magistrate Judge dated April 25, 2016 ECF No. 77 is AFFIRMED and ADOPTED. The case is hereby closed due to the resolution of all claims, and the parties have agreed that all attorneys fees and costs have been settled between them. It is FURTHER ORDERED that the Clerk of Court shall close the case, by Judge Wiley Y. Daniel on 5/3/2016.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-0285-WYD-NYW

STEPHEN W. BRISCOE;
CONTINUUM HEALTH PARTNERSHIPS, INC.;
CONTINUUM HEALTH MANAGEMENT, LLC; and,
MOUNTAIN STATES HEALTH PROPERTIES, LLC,
Plaintiffs,
v.
SYLVIA M. BURWELL, in her official capacity as Secretary of the United States
Department of Health and Human Services;
THOMAS E. PEREZ, in his official capacity as Secretary of the United States
Department of Labor;
JACOB LEW, in his official capacity as Secretary of the United States Department of the
Treasury;
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES;
UNITED STATES DEPARTMENT OF LABOR; and,
UNITED STATES DEPARTMENT OF THE TREASURY,
Defendants.

ORDER AFFIRMING AND ADOPTING RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court in connection with Magistrate Judge Nina Y.
Wang’s sua sponte Recommendation of United States Magistrate Judge (ECF No. 77)
(“Recommendation”), issued on April 25, 2016, which is incorporated herein by
reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Magistrate Judge
Wang recommends that the above referenced case be closed due to the resolution of
all claims.

On January 27, 2015, as part of an Injunction and Partial Judgment, I ordered the
parties to file a joint status report no later than March 2, 2015. The parties failed to
issue a status report by the ordered deadline. Magistrate Judge Wang issued an Order
to Show Cause on April 5, 2016, ordering the parties to either file appropriate dismissal
papers or for Plaintiffs to show cause why the matter should not be dismissed. On April
12, 2016, the parties filed a Joint Status Report, agreeing that judgment or dismissal
had already been entered and that the parties had settled attorney’s fees and costs
between themselves. Judge Wang then issued the Recommendation that the case be
closed.
Having reviewed the Recommendation, I agree with Magistrate Judge Wang’s
recommendation that the case be closed. Accordingly, it is
ORDERED that the Recommendation of United States Magistrate Judge dated
April 25, 2016 (ECF No. 77) is AFFIRMED and ADOPTED. The above referenced
case is hereby closed due to the resolution of all claims, and the parties have agreed
that all attorney’s fees and costs have been settled between them. It is
FURTHER ORDERED that the Clerk of Court shall close the case.

Dated: May 3, 2016
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge