Joint Status Report Requesting Court Continue Stay of 2020 Case

Case 1:20-cv-00080-TFH Document 23 Filed 07/31/20

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

AMERICAN HOSPITAL ASSOCIATION, et al.,

)

 

)

Plaintiffs,

)

 

)

v.

)

 

Case No. 1:20-cv-80

 

)

ALEX M. AZAR II,

)

in his official capacity as Secretary of

)

Health and Human Services,

)

 

)

Defendant.

)

 

)

JOINT STATUS REPORT

Pursuant to this Court’s minute order of June 2, 2020, the parties respectfully submit this joint status report.

  1. On June 2, 2020, this Court entered a minute order “staying all proceedings pending a final decision by the D.C. Circuit in American Hospital Association v. Azar, No. 19-5352 (D.C. Cir.); University of Kansas Hospital v. Azar, No. 19-5353 (D.C. Cir.); and Hackensack Meridian Health v. Azar, No. 19-5354 (D.C. Cir.).” The minute order also stated: “The parties shall submit a joint status report no later than 14 days after the D.C. Circuit’s decision is published.”
  2. On July 17, 2020, the D.C. Circuit reversed the district court’s judgments in favor of the plaintiffs in the above-referenced cases. American Hospital Association v. Azar, --- F.3d ---, 2020 WL 4032809 (D.C. Cir. July 17, 2020).
  3. Plaintiffs in this proceeding intend to file a petition for rehearing, which is due to be filed in the Court of Appeals on or before August 31, 2020.
  4. In light of the current state of the appellate proceedings, the Parties agree that it would be appropriate for this Court to continue the stay of this case until after disposition of the forthcoming petition for rehearing.

WHEREFORE, the parties respectfully request that the case remain stayed until further order of the Court.

Dated: July 31, 2020

c/s/ Catherine E. Stetson
Catherine E. Stetson (D.C. Bar No. 453221)
Susan M. Cook (D.C. Bar No. 462978)
HOGAN LOVELLS US LLP
555 Thirteenth Street, NW
Washington, D.C. 20004
202.637.5600 (phone)
202.637.5910 (fax)
cate.stetson@hoganlovells.com

Counsel for Plaintiffs

Respectfully submitted,

ETHAN P. DAVIS
Acting Assistant Attorney General

MICHELLE R. BENNETT
Assistant Branch Director

/s/ Bradley P. Humphreys
BRADLEY P. HUMPHREYS
(D.C. Bar No. 988057)
Trial Attorney, U.S. Department of
Justice Civil Division, Federal Programs
Branch 1100 L Street, N.W.
Washington, D.C. 20005
Tel.: (202) 305-0878
Fax: (202) 616-8470
E-mail: Bradley.Humphreys@usdoj.gov

Counsel for Defendant

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