Gulf South Medical & Surgical Institute, Inc. et al v. Department of Health and Human Services

Filing 13

ORDER and REASONS - IT IS ORDERED that the "Motion for Summary Judgment" 12 , filed by the Secretary, is hereby GRANTED, and the final decision of the Secretary is AFFIRMED, as stated within document. Signed by Judge Kurt D. Engelhardt on 10/17/2012. (cab)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GULF SOUTH MEDICAL & SURGICAL
INSTITUTE, INC., ET AL

CIVIL ACTION

VERSUS

NO. 11-2353

KATHLEEN SEBELIUS, SECRETARY,
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES

SECTION “N” (2)

ORDER AND REASONS
Before the Court is the “Motion for Summary Judgment” (Rec. Doc. 12), filed by the
defendant, Kathleen Sebelius, in her official capacity as Secretary of the United States
Department of Health and Human Services (the “Secretary”), which was noticed for submission
on October 17, 2012. This Court’s Order, signed September 28, 2012 (Rec. Doc. 11), required
that memoranda in opposition be filed not later than October 12, 2012. No such memorandum
has been filed. Further, having read and considered the motion papers and the record, it appears
to the Court that the Secretary’s motion has merit. Accordingly,
IT IS ORDERED that the “Motion for Summary Judgment” (Rec. Doc. 12), filed by
the Secretary, is hereby GRANTED, and the final decision of the Secretary is AFFIRMED.
New Orleans, Louisiana, this 17th day of October, 2012.

____________________________________
KURT D. ENGELHARDT
UNITED STATES DISTRICT JUDGE