Adams EMS, Inc. v. Azar
Filing
49
PRELIMINARY INJUNCTION entered. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
United States District Court
Southern District of Texas
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ADAMS EMS, INC.,
Plaintiff,
VS.
ALEX M. AZAR II, SECRETARY,
UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES
Defendant.
ENTERED
October 23, 2018
David J. Bradley, Clerk
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§ CIVIL ACTION NO. H-18-1443
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PRELIMINARY INJUNCTION
The following relief is ordered against the defendant, Alex M. Azar, II, Secretary of the United
States Department of Health and Human Services, and his officers, agents, servants, employees, and
attorneys. FED. R. CIV. P. 65(d)(2). The temporary restraining order covers and is binding on those
“who are in active concert or participation” with the parties or the parties’ officers, agents, servants,
employees, or attorneys. Id. This order takes effect today, October 23, 2018.
(1)
The Secretary is enjoined from withholding or offsetting payments and receivables to,
or otherwise collecting from, Adams EMS, Inc. to recoup the alleged overpayments in
the claim pending an administrative-law-judge hearing.
(2)
The Secretary is not enjoined from withholding Medicare payments for intervening
alleged overpayment claims.
(3)
The court waives the bond requirement for Adams. FED. R. CIV. P. 65(c). See A.T.N.
Indus., Inc. v. Gross, 632 F. App’x 185, 191–92 (5th Cir. 2015).
(4)
This Order expires on entry of final judgment in this case, unless the court orders
otherwise. Any party may seek modification of this Order by written motion served on
all parties and counsel and on a showing of good cause.
SIGNED on October 23, 2018, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge
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