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BAYSTATE HEALTH SYSTEM v. THOMPSON

United States District Court, District of Columbia


March 25, 2003

UNITED STATES DISTRICT COURT, DISTRICT OF COLUMBIA. BAYSTATE HEALTH SYSTEM, D/B/A, BAYSTATE MEDICAL CENTER, INC., ET AL., PLAINTIFFS
v.
TOMMY THOMPSON, SECRETARY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEFENDANT

The opinion of the court was delivered by: Paul L. Friedman, United States District Judge

CASE MANAGEMENT ORDER

On January 7, 2003, the Court consolidated 30 civil actions with the above-captioned case.*fn1 Subsequent to the consolidation, approximately 215 additional actions have been filed that raise the same or similar legal and factual issues. Under Rule 42(a) of the Federal Rules of Civil Procedure, the Court may consolidate separately filed cases when the cases involve a common question of law or fact. See FED. R. Civ. P. 42(a). Under Local Civil Rule 40.5(d), motions to consolidate shall be determined by the judge to whom the earliest numbered case is assigned. See LCvR 40.5(d).

The Court has determined that the 246 actions listed in Appendix A to this Case Management Order involve the same or similar legal issues. It therefore concludes that consolidation of these cases is appropriate. Furthermore, upon consideration of the proposed case management plan submitted by counsel for all parties in the 31 previously-consolidated cases and of the complaints filed in the 215 related cases, and recognizing the logistical burdens plaintiffs' counsel have placed on the Court by filing separate actions instead of one class action lawsuit, the Court has determined that a global case management plan is necessary in order to effectuate the efficient disposition of these actions. The Court also has concluded that the burden to procedurally coordinate all of these matters (and any related cases subsequently filed) for all plaintiffs and to communicate and coordinate with defendant's counsel should be borne by the four law firms that have filed the vast majority of these cases. Accordingly, it is hereby

ORDERED that Baystate Health System v. Tommy Thompson, Civil Action No. 02-0601 and those actions listed in Appendix A to this Order are hereby CONSOLIDATED; it is

FURTHER ORDERED that in order to facilitate the efficient management of these 246 cases, plaintiffs' counsel (1) shall continue to serve the persons statutorily required to be served with pleadings on behalf of defendant Thompson with all pleadings in these consolidated actions and in any related cases subsequently filed; and (2) in addition, shall provide copies of all past, present and future pleadings, motions, oppositions, replies and other filings in these consolidated actions and in any related cases subsequently filed, with the exception of the past filings in the 31 cases previously consolidated on January 7, 2003, to Robert E. Leidenheimer, Jr., Assistant United States Attorney, United States Attorney's Office for the District of Columbia, 555 Fourth St. NW, Washington, D.C., 20530 (hereinafter "government counsel"); it is

FURTHER ORDERED that those counsel not currently registered in the Court's Electronic Case Filing ("ECF") system shall contact the Clerk's Office in order to register;*fn2 it is

FURTHER ORDERED that all papers raising matters and issues common to more than one of these consolidated cases henceforth shall be filed only in the newly-created Miscellaneous Action No. 03-0090 (PLF) under the caption "In Re: Medicare Reimbursement Litigation," and not in their individually-numbered cases; the individual cases to which the filings pertain nevertheless shall be listed in the caption of that filing as demonstrated in the following examples:

IN RE:

MEDICARE REIMBURSEMENT LITIGATION

Misc. No. 03-0090 (PLF) This document relates to:

COVENANT MEDICAL CENTER v. THOMPSON, No. 02-0683

SAINT LUKE'S HOSPITAL OF KANSAS CITY v. THOMPSON, No. 02-1373

IN RE:

MEDICARE REIMBURSEMENT LITIGATION

Misc. No. 03-0090 (PLF) This document relates to:

ALL ACTIONS

; it is

FURTHER ORDERED that filings related to issues or matters unique to one case shall be filed only under that original individually-numbered case and not in Miscellaneous Action No. 03-0090; joint motions to dismiss on the basis of settlement, praecipes of dismissals and/or settlement documents submitted for court approval and similar filings shall be filed under the original individually-numbered case; when counsel files papers in the individual civil actions those counsel shall not "spread" that filing to the other consolidated actions when presented with that option during the ECF filing process; it is

FURTHER ORDERED that the Clerk of the Court is not required to provide hard copies of any papers filed electronically in the consolidated cases to supernumerary attorneys of a law firm who have not entered their appearances on the ECF system and registered for a password granting them access to the electronic dockets; it is

FURTHER ORDERED that the following lawyers and law firms are hereby designated "Coordinating Counsel": Reed Smith LLP, with lead counsel Jacqueline E. Bennett; Crowell & Moring, with lead counsel Robert Roth; Akin Gump Strauss Hauer & Feld LLP, with lead counsel John R. Jacob; and Kenneth R. Marcus, P.C., with lead counsel Kenneth R. Marcus. As Coordinating Counsel, their responsibilities are to coordinate with all other plaintiffs' counsel to reach agreements on briefing schedules, number and lengths of briefs, and other matters that concern the core issues involved in all or most of the now consolidated cases, to conmunicate and coordinate with government counsel, and to attempt to negotiate any disagreements with the government before filing any motions or otherwise bringing such matters to the attention of the Court consistent with Local Civil Rule 7.1(m); it is

FURTHER ORDERED that Coordinating Counsel and government counsel shall jointly submit a proposed case management plan for all of the consolidated cases, including those in which the government's time to answer may not have expired, on or before May 16, 2003. This case management plan shall include a proposed schedule for briefing of the core issues. The Court expects joint briefs from plaintiffs, and will only consider the submission of short supplemental briefs filed by individual plaintiffs for good cause shown. In planning its schedule, counsel can assume that oral argument on the core issues will take place sometime between July 15, 2003 and August 20, 2003; it is

FURTHER ORDERED that to the extent that the government intends to move for an enlargement of time within which to answer or otherwise respond to the complaints in these consolidated actions, the government is directed to file a comprehensive request in the form of a plenary motion to the extent possible; and it is

FURTHER ORDERED that parties in any new cases filed and/or consolidated with these actions after this Order is entered will be required to comply with any briefing or case management schedules already in place except for good cause shown why those new actions should be exempt, keeping in mind that any decision made by the Court on the core issues after the July or August argument is unlikely to be reconsidered.

SO ORDERED.

APPENDIX A

02-0601: Baystate Health Systems v. Thompson 02-0683: Covenant Medical Center v. Thompson 02-1373: Saint Luke's Hospital of Kansas City v. Thompson 02-1380: Regents of the University of Michigan v. Thompson 02-1635: St. Francis Medical Center v. Thompson 02-1731: Brigham & Women's Hospital, et al. v. Thompson 02-1890: Via Christi Regional Medical Center, Inc. v. Thompson 02-1891: Saint Vincent Health Center v. Thompson 02-1892: Johnson City Medical Center v. Thompson 02-1893: St. John's Health System NE Community Hospital v. Thompson 02-1899: Presbyterian Hospital v. Thompson 02-1900: Forsyth Memorial Hospital, et al. v. Thompson 02-1901: Naples Community Hospital v. Thompson 02-1902: Virginia Mason Medical Center v. Thompson 02-1905: Waterbury Hospital v. Thompson 02-1907: Avera McKennan Hospital v. Thompson 02-1908: Rapid City Regional Hospital v. Thompson 02-1910: University of Washington v. Thompson 02-1911: Duke University Health System, Inc. v. Thompson 02-1912: William W. Backus Hospital v. Thompson 02-1913: Stamford Hospital v. Thompson 02-1914: Danbury Hospital v. Thompson 02-1915: New Britain General Hospital v. Thompson 02-1916: Edward W. Sparrow Hospital v. Thompson 02-1918: WA Foote Memorial Hospital v. Thompson 02-1919: Baptist Memorial Hospital v. Thompson 02-1920: Valley Presbyterian Hospital v. Thompson 02-1921: Denver General Hospital v. Thompson 02-1924: Monongahela Valley Hospital v. Thompson 02-1926: University of Kansas Hospital Authority v. Thompson 02-1927: Glenwood Regional Medical Center v. Thompson 02-2350: Meriter Hospital, Inc., et al. v. Thompson 03-0162: St. Vincent Hospital of the Hospital Sisters of the Third Order of St. Francis v. Thompson 03-0221: Via Christi Regional Medical Center, Inc. v. Thompson 03-0245: Saint Luke's Hospital of Kansas City v. Thompson 03-0250: Lakeland Regional Medical Center v. Thompson 03-0264: William B. Kessler Memorial Hospital v. Thompson 03-0267: Sisters of St. Francis Health Services, Inc. v. Thompson 03-0280: Winter Haven Hospital v. Thompson 03-0297: Salem Memorial Corporation v. Thompson 03-0299: Baptist St. Anthony Health System v. Thompson 03-0312; Medical Center East, Inc. v. Thompson 03-0315: Swedish Covenant Hospital v. Thompson 03-0316: St. Joseph Regional Health Center v. Thompson 03-0317: Robert Wood Johnson University Hospital v. Thompson 03-0318: St. Claire Medical Center v. Thompson 03-0319: Columbus Regional Hospital v. Thompson 03-0320: Somerset Hospital v. Thompson 03-0321: Delta Medical Center v. Thompson 03-0322: Santa Barbara Cottage Hospital v. Thompson 03-0323: Harrisburg Hospital, et al. v. Thompson 03-0332: Clara Maass Medical Center, et al. v. Thompson 03-0333: Cabrini Medical Center v. Thompson 03-0334: United Health Service Hospitals, Inc. v. Thompson 03-0335: Little Falls Hospital v. Thompson 03-0336: Mercy Medical Center of Springfield v. Thompson 03-0337: Medical College of Ohio Hospital v. Thompson 03-0339: Jackson Hospital & Clinic, Inc. v. Thompson 03-0340: Spartanburg Regional Medical Center v. Thompson 03-0341: Yale-New Haven Hospital v. Thompson 03-0342: Marietta Memorial Hospital v. Thompson 03-0343: Bridgeport Hospital v. Thompson 03-0345: University of Colorado Hospital v. Thompson 03-0346: Hospital for Joint Diseases Orthopaedic Institute v. Thompson 03-0347: Lennox Hill Hospital v. Thompson 03-0348: Alliance Community Hospital v. Thompson 03-0349: Robinson Memorial Hospital v. Thompson 03-0350: St. Rita's Medical Center v. Thompson 03-0351: H. Lee Moffitt Cancer Center v. Thompson 03-0352: Jefferson Memorial Hospital v. Thompson 03-0354: Covenant Health System/Methodist Hospital v. Thompson 03-0355: Methodist Hospital of Southern California, Inc. v. Thompson 03-0356: St. Vincent Hospital v. Thompson 03-0358: St. Dominic-Jackson Memorial Hospital, Inc. v. Thompson 03-0359: Delta Regional Medical Center, et al. v. Thompson 03-0363: Provena United Samaritans Hospital, et al. v. Thompson 03-0364: St. John Hospital & Medical Center v. Thompson 03-0391: Methodist Hospitals, Inc., Broadway Methodist-Southlake v. Thompson 03-0392: St. Vincent's Hospital & Medical Center of New York v. Thompson 03-0393: St. Vincent Medical Center v. Thompson 03-0394: St. Luke's Episcopal Hospital v. Thompson 03-0395: Mease Dunedin Hospital v. Thompson 03-0396: Medical Center at Bowling Green v. Thompson 03-0397: Bethesda Memorial Hospital v. Thompson 03-0398: South Florida Baptist Hospital v. Thompson 03-0399: Methodist Hospitals, Jnc., Gary Methodist-Northlake v. Thompson 03-0400: Cape Fear Valley Medical Center v. Thompson 03-0401: St. Mary's Medical Center v. Thompson 03-0403: Halifax Medical Center v. Thompson 03-0404: Swedish American Hospital v. Thompson 03-0405: Bronx-Lebanon Hospital Center v. Thompson 03-0406: Baptist Hospital, et al. v. Thompson 03-0407: Antelope Valley Hospital, et al. v. Thompson 03-0409: Saint Joseph Hospital Augusta Georgia, Inc. v. Thompson 03-0410: Highland Hospital of Rochester v. Thompson 03-0411: Anaheim Memorial Medical Center, et al. v. Thompson 03-0412: Fresno Community Hospital & Medical Center v. Thompson 03-0418: Christus Health Ark-La-Tex v. Thompson 03-0419: Aurora Healthcare, Inc., et al. v. Thompson 03-0420: Athens Regional Medical Center, Inc. v. Thompson 03-0422: John Dempsey Hospital v. Thompson 03-0423: St. Mary's Regional Medical Center v. Thompson 03-0424: Ohio State University Hospital v. Thompson 03-0425: Baptist Medical Center Princeton v. Thompson 03-0426: Mount Sinai Medical Center v. Thompson 03-0428: Sisters of Charity Hospital v. Thompson 03-0429: Clark Memorial Hospital v. Thompson 03-0430: Shands Jacksonville Medical Center, et al. v. Thompson 03-0436: Saint Vincent's Catholic Medical Center of Brooklyn & Queens, Inc. v. Thompson 03-0437: UAB Medical West v. Thompson 03-0446: AHS Hospital Corp/General Hospital at Passaic, et al. v. Thompson 03-0447: Kingsbrook Jewish Medical Center v. Thompson 03-0448: Barnert Hospital, et al. v. Thompson 03-0449: Ashtabula Comnty Medical v. Thompson 03-0450: San Joaquin Community Hospital v. Thompson 03-0451: Spectrum Health Downtown Campus v. Thompson 03-0452: Northeast Alabama Regional Medical Center v. Thompson 03-0453: Lawrence & Memorial Hospital v. Thompson 03-0454: Mobil Infirmary Medical Center v. Thompson 03-0455: Franciscan Skemp Medical Center v. Thompson 03-0456: St. Joseph Hospital & Health Center v. Thompson 03-0457: Osteopathic Medical Center of Texas v. Thompson 03-0458: New York Hospital v. Thompson 03-0459: Middle Tennessee Medical Center v. Thompson 03-0460: Jersey Shore Medical Center v. Thompson 03-0468: University Community Hospital v. Thompson 03-0469: Licking Memorial Hospital v. Thompson 03-0470: Mercy Hospital of Buffalo v. Thompson 03-0471: Western Reserve Care System v. Thompson 03-0472: Covenant Medical Center-Cooper, et al. v. Thompson 03-0473: Leesburg Regional Medical Center v. Thompson 03-0474: Davis Memorial Hospital, Inc. v. Thompson 03-0475: University of South Alabama Medical Center v. Thompson 03-0476: St. Mary's Hospital v. Thompson 03-0477: Rogue Valley Medical Center v. Thompson 03-0478: NYU Downtown Hospital v. Thompson 03-0479: Presbyterian Hospital v. Thompson 03-0480: King's Daughter's Medical Center v. Thompson 03-0481: Good Samaritan Hospital v. Thompson 03-0482: UMDMJ v. Thompson 03-0483: St. Joseph's Hospital v. Thompson 03-0484: Lakeland Regional Medical Center v. Thompson 03-0485: St. Anthony's Hospital v. Thompson 03-0486: Mary Rutan Hospital v. Thompson 03-0487: Greenville Hospital Center v. Thompson 03-0488: Presbyterian Hospital v. Thompson 03-0489: University Hospital SUNY at Stony Brook v. Thompson 03-0490: Sentara Norfolk General Hospital v. Thompson 03-0491: Sentara Hampton General Hospital v. Thompson 03-0492: Dekalb Medical Center, Inc., et al. v. Thompson 03-0493: Millard Fillmore Hospital v. Thompson 03-0494: Bay Harbor Hospital v. Thompson 03-0495: Franciscan Medical Center v. Thompson 03-0497: Glendale Adventist Hospital v. Thompson 03-0498: Inova Alexandria Hospital, et al v. Thompson 03-0499: North Broward Hospital District v. Thompson 03-0500: Alegent Health, et al. v. Thompson 03-0501: St. Vincent's Catholic Medical Centers of New York v. Thompson 03-0502: Southside Hospital v. Thompson 03-0503: Hazard ARH Regional Medical Center v. Thompson 03-0504: Women's Christian Association Hospital v. Thompson 03-0505: Palmetto Baptist Medical Center v. Thompson 03-0506: Shelby Baptist Medical Center v. Thompson 03-0507: St. Catherine Hospital, Inc. v. Thompson 03-0508: Miami Valley Hospital v. Thompson 03-0509: Sun Coast Hospital v. Thompson 03-0510: St. Mary's Medical Center v. Thompson 03-0511: Brunswick Hospital Center, Inc. v. Thompson 03-0512: Albany Medical Center Hospital v. Thompson 03-0513: Trinity Health Michigan v. Thompson 03-0514: West Calcasieu-Cameron Hospital 03-0516: Bon Secours Health System, Inc., et al. v. Thompson 03-0517: Hartford Healthcare, et at v. Thompson 03-0518: Lakeland Medical Center-Mercy St. Joseph v. Thompson 03-0519: Adventist Health System, Inc., et al. v. Thompson 03-0520: Auburn Memorial Hospital v. Thompson 03-0521: St. Clare's Hospital of Schenectady v. Thompson 03-0522: St. Vincent Hospital & Health Services v. Thompson 03-0523: New York Hospital Medical Center of Queens v. Thompson 03-0524: Presbyterian Hospital v. Thompson 03-0525: Good Samaritan Hospital v. Thompson 03-0526: New York Methodist Hospital v. Thompson 03-0528: Sentara Virginia Beach General Hospital v. Thompson 03-0529: Ingalls Memorial Hospital v. Thompson 03-0530: Moses H. Cone Memorial Hospital Operating Corp. v. Thompson 03-0531: St. Francis Hospital, et at v. Thompson 03-0532: Board of Trustees of the University of Alabama v. Thompson 03-0533: Providence Yakima Hospital, et al. v. Thompson 03-0534: Providence St. Peter Hospital, et at v. Thompson 03-0535: Harrison Memorial Hospital v. Thompson 03-0536: Kadlec Medical Center v. Thompson 03-0537: New York Westchester Square Medical Center v. Thompson 03-0538: Emory University Hospital v. Thompson 03-0539: Wishard Health Services v. Thompson 03-0540: Sound Shore Medical Center of Westchester, et al. v. Thompson 03-0541: St. Vincent's Medical Center v. Thompson 03-0542: Long Beach Medical Center v. Thompson 03-0543: Cabell-Huntington Hospital, Inc. v. Thompson 03-0544: Suburban General Hospital v. Thompson 03-0545: Providence Hospital v. Thompson 03-0546: St. Alexius Medical Center v. Thompson 03-0547: Gaston Memorial Hospital, et at v. Thompson 03-0548: Carilion Medical Center, et at v. Thompson 03-0549: U.S. Health of Southern Ohio/Southern Ohio Medical Center v. Thompson 03-0550: Lincoln Regional Hospital v. Thompson 03-0551: Kaweah Delta Health Care District v. Thompson 03-0552: County of Erie v. Thompson 03-0553: St. Mary's Medical Center v. Thompson 03-0554: Catholic Health Partners Services v. Thompson 03-0555: OSF Healthcare System, Inc. v. Thompson 03-0558: Northern Hospital of Surry County, et al. v. Thompson 03-0559: Casa Grande Regional Medical Center, et al. v. Thompson 03-0560: Nyack Hospital, Inc. v. Thompson 03-0561: St. Francis Medical Center v. Thompson 03-0562: Highlands Regional Medical Center v. Thompson 03-0563: Gateway Medical Center v. Thompson 03-0564: United Hospital Medical Center v. Thompson 03-0565: Memorial Hospital of South Bend v. Thompson 03-0566: Union Hospital, Inc. v. Thompson 03-0567: St. Thomas Hospital v. Thompson 03-0568: Bayfront Medical Center, Inc. v. Thompson 03-0569: East Alabama Medical Center v. Thompson 03-0570: Baptist Hospital v. Thompson 03-0571: Spectrum Health-East Campus v. Thompson 03-0572: Elkhart General Hospital v. Thompson 03-0573: Bloomington Hospital & Health Care System v. Thompson 03-0574: Bay Regional Medical Center v. Thompson 03-0575: Glens Falls Hospital v. Thompson v. Thompson 03-0576: Knapp Medical Center v. Thompson 03-0577: University of Utah Hospital v. Thompson 03-0578: Owensboro Mercy Health System v. Thompson 03-0579: Ball Memorial Hospital, Inc. v. Thompson 03-0580: Vanderbilt University Medical Center v. Thompson 03-0581: Interfaith Medical Center v. Thompson 03-0582: Central Baptist Hospital v. Thompson 03-0583: Wuesthoff Memorial Hospital v. Thompson 03-0584: Deaconess Hospital, line. v. Thompson 03-0585: Maimonides Medical Center v. Thompson 03-0586: Sacred Heart Hospital v. Thompson 03-0587: Palmetto Health Richland Memorial Hospital v. Thompson 03-0588: University of Illinois Medical Center at Chicago v. Thompson 03-0589: Anderson Area Medical Center v. Thompson 03-0590: University Community Hospital Carrollwood v. Thompson 03-0591: St. Elizabeth Hospital v. Thompson 03-0592: Slidell Memorial Hospital v. Thompson 03-0593: St. Joseph Health System and Affiliates v. Thompson


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