Gulf South Medical & Surgical Institute, Inc. et al v. Department of Health and Human Services, No. 2:2011cv02353 - Document 13 (E.D. La. 2012)

Court Description: ORDER and REASONS - IT IS ORDERED that the "Motion for Summary Judgment" 12 , filed by the Secretary, is hereby GRANTED, and the final decision of the Secretary is AFFIRMED, as stated within document. Signed by Judge Kurt D. Engelhardt on 10/17/2012. (cab)

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Gulf South Medical & Surgical Institute, Inc. et al v. Department of Health and Human Services Doc. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GULF SOUTH MEDICAL & SURGICAL INSTITUTE, INC., ET AL CIVIL ACTION VERSUS NO. 11-2353 KATHLEEN SEBELIUS, SECRETARY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES SECTION “N” (2) ORDER AND REASONS Before the Court is the “Motion for Summary Judgment” (Rec. Doc. 12), filed by the defendant, Kathleen Sebelius, in her official capacity as Secretary of the United States Department of Health and Human Services (the “Secretary”), which was noticed for submission on October 17, 2012. This Court’s Order, signed September 28, 2012 (Rec. Doc. 11), required that memoranda in opposition be filed not later than October 12, 2012. No such memorandum has been filed. Further, having read and considered the motion papers and the record, it appears to the Court that the Secretary’s motion has merit. Accordingly, IT IS ORDERED that the “Motion for Summary Judgment” (Rec. Doc. 12), filed by the Secretary, is hereby GRANTED, and the final decision of the Secretary is AFFIRMED. New Orleans, Louisiana, this 17th day of October, 2012. ____________________________________ KURT D. ENGELHARDT UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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