Prime Healthcare Services - Shasta, LLC v. Burwell, No. 2:2015cv00709 - Document 48 (E.D. Cal. 2017)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 FINDINGS AND RECOMMENDATIONS 42 in each of these actions are VACATED; Defendant's 19 Motion to Dismiss filed in each of these actions is GRANTED; these actions are DISMISSED, but Plaintiff is GRANTED 30 days leave to amend.(Reader, L)
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Prime Healthcare Services - Shasta, LLC v. Burwell Doc. 48 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 PRIME HEALTHCARE SERVICES — SHASTA, LLC, Plaintiff, v. SYLVIA MATHEWS BURWELL, Defendant. 16 17 18 19 20 21 PRIME HEALTHCARE SERVICES — SHASTA, LLC, 24 25 26 27 28 No. 2:15-cv-0154-TLN-KJN Plaintiff, v. SYLVIA MATHEWS BURWELL, Defendant. 22 23 No. 2:14-cv-2791-TLN-KJN PRIME HEALTHCARE SERVICES — SHASTA, LLC, No. 2:15-cv-0324-TLN-KJN Plaintiff, v. SYLVIA MATHEWS BURWELL, Defendant. 1 Dockets.Justia.com 1 2 PRIME HEALTHCARE SERVICES — SHASTA, LLC, 3 4 5 Plaintiff, v. SYLVIA MATHEWS BURWELL, 6 7 8 Defendant. PRIME HEALTHCARE SERVICES — SHASTA, LLC, 9 10 11 14 v. SYLVIA MATHEWS BURWELL, Defendant. PRIME HEALTHCARE SERVICES — SHASTA, LLC, 15 16 17 20 v. SYLVIA MATHEWS BURWELL, Defendant. PRIME HEALTHCARE SERVICES — SHASTA, LLC, 21 22 23 24 No. 2:15-cv-0473-TLN-KJN Plaintiff, 18 19 No. 2:15-cv-0450-TLN-KJN Plaintiff, 12 13 No. 2:15-cv-0400-TLN-KJN No. 2:15-cv-0474-TLN-KJN Plaintiff, v. SYLVIA MATHEWS BURWELL, Defendant. 25 26 27 28 2 1 2 PRIME HEALTHCARE SERVICES — SHASTA, LLC, 3 Plaintiff, 4 5 v. SYLVIA MATHEWS BURWELL, 6 7 8 Defendant. PRIME HEALTHCARE SERVICES — SHASTA, LLC, 9 No. 2:15-cv-1120-TLN-KJN Plaintiff, 10 11 No. 2:15-cv-0709-TLN-KJN v. ORDER SYLVIA MATHEWS BURWELL, 12 Defendant. 13 14 Plaintiff Prime Healthcare, LLC (“plaintiff”) filed these actions against Sylvia Mathew 15 Burwell, in her official capacity as Secretary of the Department of Health and Human Services 16 (“defendant” or “Secretary”). In these actions, plaintiff seeks judicial review of decisions by the 17 Secretary, acting through the Medicare Appeals Council (“MAC”), to dismiss plaintiff’s requests 18 for review of unfavorable decisions concerning its claims for reimbursement for emergency 19 medical services it allegedly provided to Medicare beneficiaries prior to the time it had a 20 Medicare provider’s agreement in place. On May 9, 2017, the undersigned filed findings and recommendations (2:14-cv-2791- 21 22 TLN-KJN, ECF No. 52), which were served on the parties and which contained notice that any 23 objections to the findings and recommendations were to be filed within fourteen (14) days. On 24 May 23, 2017, plaintiff and defendant each filed objections to the findings and recommendations 25 (Id., ECF Nos. 53, 54). In light of the objections, the court deems it appropriate to grant the 26 plaintiff leave to amend. At this time, the court vacates the findings and recommendations and 27 takes no position on the merits of any potential amendment.1 Defendants may file responsive 28 1 However, to the extent that plaintiff intends to challenge the Secretary’s policies and/or 3 1 motions as appropriate. 2 Therefore, IT IS HEREBY ORDERED that: 3 1. 4 The May 9, 2017 findings and recommendations filed in each of these actions are vacated. 5 2. Defendant’s motion to dismiss filed in each of these actions is GRANTED. 6 3. These actions are DISMISSED, but plaintiff is granted 30 days leave to amend. 7 IT IS SO ORDERED. 8 Dated: July 17, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 regulations, plaintiff might consider amending a complaint in one action (and voluntarily dismissing the others) or bringing a motion to consolidate all of the pending actions. 4