MAINE MEDICAL CENTER et al v. SEBELIUS

Filing 65

ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 62 Report and Recommendations for 45 Motion to Amend and 46 Motion to Amend. By JUDGE NANCY TORRESEN. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MAINE MEDICAL CENTER,
Plaintiff,
v.
SYLVIA M. BURWELL, Secretary,
U.S. Department of Health and
Human Services,
Defendant.

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Civil No. 2:13-cv-309-NT

ORDER AFFIRMING RECOMMENDED DECISION
OF THE MAGISTRATE JUDGE
On August 13, 2015, the United States Magistrate Judge filed with the court,
with copies to counsel his Recommended Decision on the Motion to Amend. The
Plaintiff filed an objection to the Recommended Decision on August 28, 2015, and the
Defendant filed a limited objection on August 24, 2015.

I have reviewed and

considered the Recommended Decision, together with the entire record; I have made
a de novo determination of all matters adjudicated by the Recommended Decision;
and I concur with the recommendations of the United States Magistrate Judge for
the reasons set forth in the Recommended Decision.
It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge on the Motions to Amend (ECF No. 62) is hereby ADOPTED. My Order
Affirming the Recommended Decision (ECF No. 39) is hereby AMENDED to provide
that the Recommended Decision on Cross-Motions for Judgment on Administrative
Record (ECF No. 26), without the last sentence on page 21, in section “IV.

Conclusion”, is AFFIRMED. The last sentence on page 21, in section “IV.
Conclusion”, of the Recommended Decision on Cross-Motions for Judgment on
Administrative Record (ECF No. 26) is STRICKEN. It is further ORDERED that
the Plaintiffs’ motion (ECF No. 45) be DENIED without prejudice, and that the
Defendant’s motion (ECF No. 46) be GRANTED to the extent of deleting the last
sentence of the Recommended Decision and otherwise DENIED.
SO ORDERED.
Dated this 24th day of September, 2015.

/s/ Nancy Torresen__________________
United States Chief District Judge

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