MURNAGHAN et al v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES et al

Filing 18

ORDER THAT THE PRELIMINARY INJUNCTION HEARING CURRENTLY SCHEDULED FOR 10 A.M. ON 6/14/2013 IS VACATED UNTIL SUCH LATER DATE AS THE COURT DETERMINES; AND THE TEMPORARY RESTRAINING ORDER ENTERED ON 6/5/2013 IS EXTENDED UNTIL THE EARLIEST OF AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/13/2013. 6/13/2013 ENTERED AND COPIES E-MAILED. (ems)

Case 2:13-cv-03083-MMB Document 17-1 Filed 06/1 3/13 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JANET & FRANCIS MURNAGHAN,
Plaintiffs,

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v.
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES;
KATHLEEN SEBELIUS, in her official
capacity as Secretary of Health and
Human Services
Defendants.

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No. 2:13cv03083 (MMB)

ORDER
Upon review of the parties' Joint Motion to Postpone Preliminary Injunction Hearing and
to Extend Temporary Restraining Order, the Court hereby ORDERS that the preliminary
injunction hearing currently scheduled for 10 a.m. on Friday, June 14, 2013 is VA CATED until
such later date as the Court determines; and the Temporary Restraining Order entered on June 5,
2013 is EXTENDED until the earliest of:
1. The date that the OPTN's Lung Review Board approves the transplant center's
application to classify plaintiffs' daughter as an adolescent for purposes of Policy
3.7.11 , either made as an initial determination or on appeal;

2.· Seven days after the date that the OPTN's Lung Review Board denies the
transplant center' s application to classify plaintiffs' daughter as an adolescent for
purposes of Policy 3.7 .11 , but if a timely appeal of that denial is sought then
seven days after the appeal is denied by the Lung Review Board; or
3. July 9, 2013.

Case 2:13-cv-03083-MMB Document 17-1 Filed 06/13/13 Page 2 of 2

The TRO will expire on the earliest of these dates.

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