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ROSEBUD SIOUX TRIBE v. U.S.

3:16-CV-03038-RAL.

450 F.Supp.3d 986 (2020)

ROSEBUD SIOUX TRIBE, A Federally Recognized Indian Tribe, and Its Individual Members, Plaintiff, v. UNITED STATES of America, Department of Health and Human Services, an executive department of the United States; Alex M. Azar II, Secretary of Health and Human Services; Indian Health Service, an executive agency of the United States; Michael D. Weahkee, Principal Deputy Director of Indian Health Service; James Driving Hawk, Director of the Great Plains Area Indian Health Service, Defendants.

United States District Court, D. South Dakota, Central Division.

Signed March 30, 2020.

Attorney(s) appearing for the Case

Brendan V. Johnson , Timothy W. Billion , Robins Kaplan LLP, Sioux Falls, SD, Denise S. Rahne , Bruce A. Finzen , Pro Hac Vice, Kaitlyn J. Johnson , Pro Hac Vice, Lisa L. Beane , Pro Hac Vice, Robins Kaplan LLP, Minneapolis, MN, Timothy Q. Purdon , Pro Hac Vice, Robins Kaplan LLP, Bismarck, ND, for Plaintiff.

Cheryl Schrempp DuPris , U.S. Attorney's Office, Pierre, SD, Diana J. Ryan , U.S. Attorney's Office, Sioux Falls, SD, for Defendants.

OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

On December 5, 2015, Indian Health Services (IHS) placed the Rosebud IHS Hospital Emergency Department in Rosebud, South Dakota, on "divert status." Doc. 1 at ¶ 37. This action prompted the Rosebud...

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