Adventist Health System/Sunbelt, Inc v. Sebelius

Filing 28

It is hereby ORDERED that this Report and Recommendation is ADOPTED and APPROVED, Doc. 25 , and that plaintiffs Motion for Summary Judgment, Doc. 17 , is DENIED and that the defendants Motion for Summary Judgment, Doc. 19 , is GRANTED. As such, the case is hereby DISMISSED. Signed by District Judge J Ronnie Greer on 6/13/2011. (FMM )

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TENNESSEE AT GREENEVILLE ADVENTIST HEALTH SYSTEM/SUNBELT, INC., Plaintiff, ) ) ) ) ) ) ) ) ) ) v. KATHLEEN SEBELIUS, SECRETARY, United States Department of Health and Human Services, Defendant. NO: 2:10-CV-189 ORDER This matter is before the Court to consider the Report and Recommendation of the United States Magistrate Judge dated May 11, 2011. In that Report and Recommendation, the Magistrate Judge recommends that the plaintiff’s Motion for Summary Judgment, [Doc. 17], be denied and that the defendant’s Motion for Summary Judgment, [Doc. 19], be granted. The plaintiff has filed objections to this Report and Recommendation. After careful de novo consideration of the record as a whole, and after careful consideration of the Report and Recommendation of the United States Magistrate Judge, and for the reasons set out in that Report and Recommendation which are incorporated by reference herein, it is hereby ORDERED that this Report and Recommendation is ADOPTED and APPROVED, [Doc. 25], and that plaintiff’s Motion for Summary Judgment, [Doc. 17], is DENIED and that the defendant’s Motion for Summary Judgment, [Doc. 19], is GRANTED. As such, the case is hereby DISMISSED. E N T E R: s/J. RONNIE GREER UNITED STATES DISTRICT JUDGE

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