Harris Hospice, Inc. v. Sebelius

Filing 49

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 38 Report and Recommendations DENYING 33 Motion for Summary Judgment filed by Kathleen Sebelius, GRANTING 22 Motion for Summary Judgment, filed by Harris Hospice, Inc. Signed by Judge Richard A. Schell on 9/29/2011. (baf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

HARRIS HOSPICE, INC.
a Texas Corporation
Plaintiff,
VS.
KATHLEEN SEBELIUS, Secretary of
United States Department of
Health and Human Services
Defendant.

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Case No. 4:10cv252
Consolidated with
Case No. 4:10cv275

MEMORANDUM ORDER ADOPTING REPORT AND
RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this
matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C.
§ 636. On January 6, 2011, the report of the Magistrate Judge was entered containing proposed
findings of fact and recommendations that the Providers’ Motions for Summary Judgment (Dkt.17
in 4:10cv275 and Dkt. 22 in 4:10cv252) should be GRANTED, that Defendant’s Cross Motion for
Summary Judgment (Dkt. 33 in 4:10cv252) should be DENIED, and that Plaintiff Providers should
have summary judgment against Defendant.
The court, having made a de novo review of the objections raised by the parties and the
responses thereto, is of the opinion that the findings and conclusions of the Magistrate Judge are
correct, and the objections are without merit. Therefore, the court hereby adopts the findings and

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conclusions of the Magistrate Judge as the findings and conclusions of this court.
The Providers’ Motions for Summary Judgment (Dkt.17 in 4:10cv275 and Dkt. 22 in
4:10cv252) are GRANTED, Defendant’s Cross Motion for Summary Judgment (Dkt. 33 in
4:10cv252) is DENIED, and Plaintiff Providers shall have summary judgment against Defendant.
IT IS SO ORDERED.

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SIGNED this the 29th day of September, 2011.

_______________________________
RICHARD A. SCHELL
UNITED STATES DISTRICT JUDGE

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