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11-1703 - Bagnall et al v. Sebelius


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11-1703 - Bagnall et al v. Sebelius
September 23, 2013
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ORDER. For the reasons stated herein, Defendant's 23 Motion to Dismiss is GRANTED. Plaintiffs' 2 51 Motions for Class Certification and Appointment of Class Counsel and Defendant's 35 Motion to Stay Discovery are DENIED AS MOOT. Signed by Judge Michael P. Shea on 9/23/2013. (Best, Z)
February 8, 2017
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ORDER. As set forth herein, the Court DENIES the Secretary's Motion 160 for Summary Judgment, DENIES Plaintiffs' Motion 166 for Summary Judgment, and GRANTS in part and DENIES in part the Secretary's Motion 160 to Dismiss. The parties shall confer and submit a revised Rule 26(f) report within 14 days, including a timeline for completing any further discovery and for any further proceedings. Signed by Judge Michael P. Shea on 2/8/17. (Tegeler, D.)
July 31, 2017
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ORDER. For the reasons explained herein, plaintiffs' motion 203 for class certification is GRANTED in part and DENIED in part. The Court hereby appoints plaintiffs' counsel as class counsel and orders that the following Rule 23(b)(2) class be certified: "All Medicare beneficiaries who, on or after January 1, 2009: (1) have received or will have received 'observation services' as an outpatient during a hospitalization; and (2) have received or will have received an initial determination that the observation services are covered (or subject to coverage) under Medicare Part B. Medicare beneficiaries who meet the requirements of the foregoing sentence but who pursued an administrative appeal and received a final decision of the Secretary before September 4, 2011 are excluded from this definition." Signed by Judge Michael P. Shea on 7/31/17. (Tegeler, D.)