MAINE MEDICAL CENTER et al v. SEBELIUS, No. 2:2013cv00309 - Document 65 (D. Me. 2015)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE - adopting Report and Recommended Decision re 62 Report and Recommendations for 45 Motion to Amend and 46 Motion to Amend. By JUDGE NANCY TORRESEN. (mnw)

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MAINE MEDICAL CENTER et al v. SEBELIUS Doc. 65 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MAINE MEDICAL CENTER, Plaintiff, v. SYLVIA M. BURWELL, Secretary, U.S. Department of Health and Human Services, Defendant. ) ) ) ) ) ) ) ) ) ) Civil No. 2:13-cv-309-NT ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 13, 2015, the United States Magistrate Judge filed with the court, with copies to counsel his Recommended Decision on the Motion to Amend. The Plaintiff filed an objection to the Recommended Decision on August 28, 2015, and the Defendant filed a limited objection on August 24, 2015. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge on the Motions to Amend (ECF No. 62) is hereby ADOPTED. My Order Affirming the Recommended Decision (ECF No. 39) is hereby AMENDED to provide that the Recommended Decision on Cross-Motions for Judgment on Administrative Record (ECF No. 26), without the last sentence on page 21, in section “IV. Dockets.Justia.com Conclusion”, is AFFIRMED. The last sentence on page 21, in section “IV. Conclusion”, of the Recommended Decision on Cross-Motions for Judgment on Administrative Record (ECF No. 26) is STRICKEN. It is further ORDERED that the Plaintiffs’ motion (ECF No. 45) be DENIED without prejudice, and that the Defendant’s motion (ECF No. 46) be GRANTED to the extent of deleting the last sentence of the Recommended Decision and otherwise DENIED. SO ORDERED. Dated this 24th day of September, 2015. /s/ Nancy Torresen__________________ United States Chief District Judge 2

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