ROGUE VALLEY MEDICAL CENTER v. THOMPSON

Filing 36

ORDER denying 28 Motion to Amend/Correct; granting 24 Motion to Dismiss; denying 25 Motion to Strike. Signed by Judge Paul L. Friedman on March 16, 2010. (MA) (zmm, ).

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) ROGUE VALLEY MEDICAL CENTER, ) ) Plaintiff, ) ) v. ) ) KATHLEEN SEBELIUS, ) Secretary, United States Department of ) Health and Human Services, ) ) Defendant.1 ) __________________________________________)

Civil Action No. 03-0477 (PLF)

ORDER For the reasons stated in the Opinion issued this same day, it is hereby ORDERED that plaintiff's motion to amend [28] is DENIED; it is FURTHER ORDERED that plaintiff's motion to strike [25] is DENIED; and it is FURTHER ORDERED that defendant's motion to dismiss [24] is GRANTED. This case shall be dismissed for failure to state a claim. The Clerk of the Court shall remove this case from the docket of the Court. This is a final appealable order. See FED. R. APP. P. 4(a). SO ORDERED.

_/s/__________________________ PAUL L. FRIEDMAN United States District Judge DATE: March 16, 2010

The Court has substituted Kathleen Sebelius, the current Secretary of the Department of Health and Human Services, as the defendant in place of former Secretary Michael Leavitt, pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.

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