ALVARADO HOSPITAL, LLC v. PRICE

2016-1356.

868 F.3d 983 (2017)

ALVARADO HOSPITAL, LLC, a Delaware Limited Liability Company, dba Alvarado Hospital Medical Center, Veritas Health Service, Inc., a California Corporation, dba Chino Valley Medical Center, Desert Valley Hospital, Inc., a California Corporation, dba Desert Valley Hospital, Prime Healthcare Centinela, LLC, a Delaware Limited Liability Company, dba Centinela Hospital Medical Center, Prime Healthcare — Encino Hospital, LLC, a Delaware Limited Liability Company, dba Encino Hospital Medical Center, Prime Healthcare Services — Garden Grove, LLC, a Delaware Limited Liability Company, dba Garden Grove Hospital Medical Center, Prime Healthcare Huntington Beach, LLC, a Delaware Limited Liability Company, dba Huntington Beach Hospital, Prime Healthcare La Palma, LLC, a Delaware Limited Liability Company, dba La Palma Intercommunity Hospital, Prime Healthcare Services — Low Buck LLC, a Delaware Limited Liability Company, dba Lower Bucks Hospital, Prime Healthcare Services — Montclair, LLC, a Delaware Limited Liability Company, dba Montclair Hospital Medical Center, Prime Healthcare Paradise Valley, LLC, a Delaware Limited Liability Company, dba Paradise Valley Hospital, Prime Healthcare Services — Roxborough, LLC, a Delaware Limited Liability Company, dba Roxborough Memorial Hospital, Prime Healthcare Services — San Dimas, LLC, a Delaware Limited Liability Company, dba San Dimas Community Hospital, Prime Healthcare Services — Shasta, LLC, a Delaware Limited Liability Company, dba Shasta Regional Medical Center, Prime Healthcare Services — Sherman Oaks, LLC, a Delaware Limited Liability Company, dba Sherman Oaks Hospital, Prime Healthcare Anaheim, LLC, a Delaware Limited Liability Company, dba West Anaheim Medical Center, Plaintiffs-Appellants v. Thomas E. PRICE, Secretary of Health and Human Services, in his capacity as the Secretary of the US Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided: August 22, 2017.


Attorney(s) appearing for the Case

MARK STEVEN HARDIMAN , Nelson Hardiman LLP, Los Angeles, CA, argued for plaintiffs-appellants. Also represented by JOHN ALFRED MILLS , JONATHAN WINSOR RADKE.

BENJAMIN M. SHULTZ , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by MICHAEL S. RAAB , BENJAMIN C. MIZER ; SEAN SIEKKINEN , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC; EILEEN M. DECKER , Office of the United States Attorney for the Central District of California, United States Department of Justice, Los Angeles, CA.

Before Prost, Chief Judge, NEWMAN and LOURIE, Circuit Judges.


Plaintiffs-Appellants Prime Hospitals1 appeal from the order of the United States District Court for the Central District of California transferring their complaint under 28 U.S.C. § 1631 to the United States Court of Federal Claims. Prime Hospitals are seeking monetary relief for a breach of...

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