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Case TitleHart et al v. U.S. Department of Health and Human Services
DistrictDistrict of Arizona
CityTucson Division
Case Number4:2009cv00076
Date Filed2009-02-06
Date Closed2009-12-18
JudgeJudge Cindy K Jorgenson
PlaintiffSally Hart
PlaintiffCenter for Medicare Advocacy Incorporated
DefendantUnited States Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [30]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-02-061COMPLAINT. Filing fee received: $ 350.00, receipt number 09700000000002555483, filed by Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Exhibit Letter from Sally Hart, dated August 12, 2008, # 2 Exhibit Letter from Sally Hart, dated October 30, 2008, # 3 Civil Cover Sheet, # 4 Summons)(Hart, Sally) (Entered: 02/06/2009)
2009-02-062This case has been assigned to the Honorable Cindy K. Jorgenson. All future pleadings or documents should bear the correct case number: CIV-09-76-TUC-CKJ. Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction, by Sally Hart, Center for Medicare Advocacy, Inc. (KAD, ) Modified on 2/11/2009 (BAR, to add text). (Entered: 02/06/2009)
2009-02-063Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction, by Sally Hart, Center for Medicare Advocacy, Inc. (KAD, ) Modified on 2/11/2009 (BAR, duplicate entry to #2). (Entered: 02/06/2009)
2009-02-064Summons Issued as to United States Department of Health and Human Services. (KAD, ). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. (Entered: 02/06/2009)
2009-02-115Notice re Corporate Disclosure Form (KAD, ) (Entered: 02/11/2009)
2009-02-266Corporate Disclosure Statement by Sally Hart, Center for Medicare Advocacy, Inc.. (Hart, Sally) (Entered: 02/26/2009)
2009-02-267MOTION for Admission Pro Hac Vice as to attorney Gill W. Deford by Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Certificate of Good Standing)(Deford, Gill) (Entered: 02/26/2009)
2009-02-26PRO HAC VICE FEE PAID. $ 50, receipt number PHX081554 as to Gill Deford. (BAS, ) (Entered: 02/26/2009)
2009-02-268ORDER pursuant to General Order 05-25 granting 7 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/26/2009)
2009-02-269SUMMONS Returned Executed upon US Agency/Officer by Sally Hart, Center for Medicare Advocacy, Inc.; United States Department of Health and Human Services served on 02/17/2009. (Hart, Sally) (Entered: 02/26/2009)
2009-02-2610SUMMONS Returned Executed upon US Attorney by Sally Hart, Center for Medicare Advocacy, Inc.. United States Department of Health and Human Services served on 2/9/2009. (Hart, Sally) (Entered: 02/26/2009)
2009-02-2611SUMMONS Returned Executed upon US Agency/Officer by Sally Hart, Center for Medicare Advocacy, Inc.; United States Department of Health and Human Services served on 02/18/2009. (Hart, Sally) (Entered: 02/26/2009)
2009-03-1112ANSWER to 1 Complaint, by United States Department of Health and Human Services. (Attachments: # 1 Exhibit A)(Hernandez, J) (Entered: 03/11/2009)
2009-03-2713ORDER: Scheduling Conference set for 5/4/2009 02:00 PM in Courtroom 5C, 405 West Congress Street, Tucson, AZ 85701 before Judge Cindy K Jorgenson. Parties are directed to confer at least 21 days before the conference; Cnsl shall file with the Court, on or before 4/27/09 a Joint Report reflecting the results of their meeting. Signed by Judge Cindy K Jorgenson on 3/26/09.**SEE ATTACHED PDF FOR COMPLETE INFORMATION**(JEMB, ) (Entered: 03/27/2009)
2009-04-0214MOTION for Summary Judgment by Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Text of Proposed Order)(Hart, Sally) (Entered: 04/02/2009)
2009-04-0215MEMORANDUM re: in Support of Plaintiffs' Motion for Summary Judgment re 14 MOTION for Summary Judgment by Plaintiffs Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Exhibit Letter from CMS to Sally Hart, dated February 17, 2009, # 2 Exhibit Letter from Sally Hart to HHS, dated February 24, 2009)(Hart, Sally) Modified on 4/3/2009 FILED INCORRETLY W/ ATTACHMENTS.ATTONREY TO REFILE. (MLH, ). (Entered: 04/02/2009)
2009-04-0216STATEMENT of Material Facts and Exhibits in Support of Motion for Summary Judgment re 15 Memorandum, 14 MOTION for Summary Judgment by Plaintiffs Sally Hart, Center for Medicare Advocacy, Inc.. (Hart, Sally) Modified on 4/3/2009 FILED INCORRECTLY, ATTORNEY TO REFILE(MLH, ). (Entered: 04/02/2009)
2009-04-0317MEMORANDUM re: in Support of Plaintiffs' Motion for Summary Judgment re 14 MOTION for Summary Judgment by Plaintiffs Sally Hart, Center for Medicare Advocacy, Inc.. (Hart, Sally) (Entered: 04/03/2009)
2009-04-0318STATEMENT of Material Facts and Exhibits in Support of Motion for Summary Judgement re 17 Memorandum, 14 MOTION for Summary Judgment by Plaintiffs Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Exhibit Letter from CMS to Sally Hart, dated February 17, 2009, # 2 Exhibit Letter from Sally Hart to the Department of Health and Human Services, dated February 24, 2009)(Hart, Sally) (Entered: 04/03/2009)
2009-04-2319ORDER re: Rule 16 Case Management Conference. Scheduling Conference RESET for 5/26/2009 10:30 AM before Judge Cindy K Jorgenson. Joint Report is due by 5/19/09. Signed by Judge Cindy K Jorgenson on 4/23/09. (SSU, ) (Entered: 04/23/2009)
2009-05-0520MOTION for Extension of Time for Defendant to Respond to Plaintiff's Motion for Summary Judgment by United States Department of Health and Human Services. (Attachments: # 1 Text of Proposed Order)(Hernandez, J) (Entered: 05/05/2009)
2009-05-0721ORDER granting 20 Motion for Extension of Time. Dft's response to Plaintiff's Motion for Summary Judgment is due by 6/4/09. Signed by Judge Cindy K Jorgenson on 5/7/09.(SSU, ) (Entered: 05/07/2009)
2009-05-1922REPORT re: Rule 26(f) Planning Meeting by Sally Hart, Center for Medicare Advocacy, Inc., United States Department of Health and Human Services. (Hernandez, J) (Entered: 05/19/2009)
2009-05-2223ORDER 5/26/09 scheduling conference vacated. Signed by Judge Cindy K Jorgenson on 5/21/09. (KMF, ) (Entered: 05/22/2009)
2009-06-0424RESPONSE to Motion re 14 MOTION for Summary Judgment and Cross Motion for Summary Judgment filed by United States Department of Health and Human Services. (Hernandez, J) (Entered: 06/04/2009)
2009-06-0425RESPONSE re 18 Statement, 24 Response to Motion and Defendant's Separate Statement of Facts by Defendant United States Department of Health and Human Services. (Attachments: # 1 Exhibit List and Exhibits 1-3, # 2 Exhibit 4)(Hernandez, J) (Entered: 06/04/2009)
2009-06-2326RESPONSE re 25 Response, to Defendant's Statement of Material Facts by Plaintiffs Sally Hart, Center for Medicare Advocacy, Inc.. (Hart, Sally) (Entered: 06/23/2009)
2009-06-2327RESPONSE to Motion re 14 MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgement filed by Sally Hart, Center for Medicare Advocacy, Inc.. (Attachments: # 1 Declaration of Sally Hart, # 2 Exhibit A - Article draft, November 2008., # 3 Exhibit B - Article draft, June 2009.)(Hart, Sally) (Entered: 06/23/2009)
2009-07-1328REPLY in Support re 24 Cross Motion for Summary Judgment filed by United States Department of Health and Human Services. (Hernandez, J) Modified on 7/14/2009 (DNO, TO CORRECT DOCUMENT LINKAGE). (Entered: 07/13/2009)
2009-07-1729ORDER, Magistrate Judge Jennifer C Guerin added. All future filings in this case shall be designated: CV-09-76-TUC-CKJ(JCG). Signed by Judge Cindy K Jorgenson on 7/16/09. (JKM, ) (Entered: 07/17/2009)
2009-07-3130REPORT AND RECOMMENDATION: recommends denying 14 pla's MOTION for Summary Judgment, granting 24 dft's Cross-Motion for summary judgment; written objections due w/in 10 days, using 09cv76-TUC-CKJ. Signed by Magistrate Judge Jennifer C Guerin on 7/31/09. (KMF, ) (Entered: 07/31/2009)
2009-08-1131OBJECTION to 30 REPORT AND RECOMMENDATION re 14 MOTION for Summary Judgment, 24 Response to Motion :REPORT AND RECOMMENDATION re 14 MOTION for Summary Judgment, 24 Response to Motion : by Plaintiffs Center for Medicare Advocacy, Inc., Sally Hart. (Hart, Sally) Modified on 8/12/2009 (LSI, ). INCORRECT EVENT TYPE SELECTED. ENTRY HAS BEEN MODIFIED FROM OBJECTION TO OBJECTION TO REPORT AND RECOMMENDATION. (Entered: 08/11/2009)
2009-08-2532RESPONSE re 31 Objection, to Report & Recommendation by Defendant United States Department of Health and Human Services. (Hernandez, J) (Entered: 08/25/2009)
2009-12-1833ORDER adopting 30 Report and Recommendations; denying 14 plas' Motion for Summary Judgment; granting 24 dft's Cross-Motion for Summary Judgment; claims against dft dismissed w/ prejudice; Clk Crt to enter jgm and close file. Signed by Judge Cindy K Jorgenson on 12/16/09.(KMF, ) (Entered: 12/18/2009)
2009-12-1834CLERK'S JUDGMENT Ordered plas' 14 Motion for Summary Judgment denied; dft's 24 Cross-Motion for Summary Judgment granted; claims against dft dismissed w/ prejudice. Signed on 12/17/09. (KMF, ) (Entered: 12/18/2009)
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by FOIA Project Staff
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