Opinion
C. A. 24-cv-530-MSM-PAS
12-23-2024
INTEGRA COMMUNITY CARE NETWORK, LLC, Plaintiff, v. XAVIER BECERRA, in his official capacity as Secretary of Health and Human Services; CENTERS FOR MEDICARE AND MEDICAID SERVICES, Defendants.
INTEGRA COMMUNITY CARE NETWORK, LLC, By its attorneys, Joseph D. Whelan, Joseph D. Whelan (#5694), Timothy K. Baldwin (#7889), WHELAN CORRENTE & FLANDERS LLP, Sarah P. Hogarth (admitted pro hac vice), Nicole E. Wittstein (admitted pro hac vice), MCDERMOTT WILL & EMERY LLP, Matthew L. Knowles (admitted pro hac vice), MCDERMOTT WILL & EMERY LLP.
INTEGRA COMMUNITY CARE NETWORK, LLC, By its attorneys, Joseph D. Whelan, Joseph D. Whelan (#5694), Timothy K. Baldwin (#7889), WHELAN CORRENTE & FLANDERS LLP, Sarah P. Hogarth (admitted pro hac vice), Nicole E. Wittstein (admitted pro hac vice), MCDERMOTT WILL & EMERY LLP, Matthew L. Knowles (admitted pro hac vice), MCDERMOTT WILL & EMERY LLP.
ORDER
Mary S. McElroy, United States District Judge.
On December 20, 2024, this matter came before the Court for a conference on Plaintiff Integra Community Care Network, LLC's (“Plaintiff”) Motion for a Temporary Restraining Order filed December 18, 2024 (the “Motion,” ECF No. 11).
After consideration thereof, and for the reasons stated at the conference, it is hereby ordered:
1. Plaintiff's Motion for a Temporary Restraining Order is GRANTED as follows:
a. Having considered the facts set forth in the complaint, the declaration of Dr. Ana Tuya Fulton and accompanying exhibits, plaintiff's memorandum of law in support of its motion, and all other evidence and argument therewith and as set out on the record at the conference, the Court finds:
i. Plaintiff has demonstrated a likelihood of success on the merits as to its claim;
ii. Plaintiff has demonstrated a significant risk of irreparable injuries if the
temporary restraining order does not issue.
iii. The balance of the equities and the public interest warrant the entry of a temporary restraining order, pending further proceedings on Plaintiff's motion for a preliminary injunction.
2. The Court issues the following temporary restraining order:
a. The end of Plaintiff's participation in the Medicare Shared Savings Program is STAYED for 14 days or as further ordered by the Court.
3. The matter is set down for a hearing on a preliminary injunction on January 3, 2025, at 10:00 a.m.
4. The parties shall confer on a briefing schedule for the motion for a preliminary injunction, and thereafter report on their conferral to the Court.
IT IS SO ORDERED: