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RUSSELL-MURRAY HOSPICE, INC. v. SEBELIUS

Civil Action No.: 09-2033 (RMU).

724 F.Supp.2d 43 (2010)

RUSSELL-MURRAY HOSPICE, INC., Plaintiff, v. Kathleen SEBELIUS, in her official capacity as Secretary of the U.S. Department of Health and Human Services, Defendant.

United States District Court, District of Columbia.

July 20, 2010.

Attorney(s) appearing for the Case

M. Roy Goldberg , Christopher Michael Loveland , Sheppard Mullin Richter & Hampton LLP, Washington, DC, Brian M. Daucher , Brian Farrell , Sheppard Mullin Richter & Hampton LLP, Costa Mesa, CA, for Plaintiff.

Mitchell P. Zeff , U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

GRANTING THE PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT; DENYING THE DEFENDANT'S MOTION FOR PARTIAL REMAND OR, IN THE ALTERNATIVE, FOR PARTIAL SUMMARY JUDGMENT; GRANTING THE DEFENDANT'S MOTION FOR PARTIAL DISMISSAL BASED ON A LACK OF SUBJECT MATTER JURISDICTION; DENYING THE DEFENDANT'S MOTION TO STRIKE EXHIBITS IN THE PLAINTIFF'S "APPENDIX"

RICARDO M. URBINA, District Judge.

I. INTRODUCTION

The plaintiff...

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