FOURNIER v. SEBELIUS

No. CV 08-2309-PHX-ROS.

839 F.Supp.2d 1077 (2012)

Ronald FOURNIER, et al., Plaintiffs, v. Kathleen SEBELIUS, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Arizona.

February 14, 2012.


Attorney(s) appearing for the Case

Gill Deford , Wey-Wey E. Kwok, Ctr. for Medicare Advocacy Inc., Willimantic, CT, for Plaintiffs.

Michael A. Johns , U.S. Attorney's Office, Phoenix, AZ, for Defendant.


ORDER

ROSLYN O. SILVER, Chief Judge.

Plaintiffs appeal the final decisions of the Secretary of Health and Human Services ("Defendant" or "Secretary") denying Plaintiffs' claims for Medicare coverage for dental services. For the reasons below, the Court affirms the Secretary's decisions regarding Berg and DiCecco, and dismisses Fournier's claim as moot.1

BACKGROUND

Plaintiffs Ronald Fournier ("Fournier"), Delores...

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