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ST. FRANCIS HOSP. v. SEBELIUS

No. 09 CV 1528(DRH)(AKT).

874 F.Supp.2d 127 (2012)

ST. FRANCIS HOSPITAL, Plaintiff, v. Kathleen SEBELIUS, in her capacity as Secretary, United States Department of Health and Human Services, Defendant.

United States District Court, E.D. New York.

June 5, 2012.

Attorney(s) appearing for the Case

Duane Morris, by: Ray M. Shepard , Susan V. Kayser , Baltimore, MD, for Plaintiff.

United States Attorney's Office, by: Robert B. Kambic , Central Islip, NY, for Defendant.

MEMORANDUM & ORDER

HURLEY, District Judge:

Plaintiff brings this action for judicial review of certain administrative determinations issued by defendant in her capacity as Secretary of Health and Human Services, which resulted in the recoupment of approximately $1.2 million in Medicare reimbursements from plaintiff. Presently before the Court is defendant's motion to dismiss the complaint pursuant to Fed. R.Civ.P. 12(b)(1) for lack of subject matter...

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