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GERHART v. U.S. DEPT. OF HEALTH & HUMAN SERVICES

No. 4:16-cv-00151-RGE-CFB.

242 F.Supp.3d 806 (2017)

Nick GERHART, in his Capacity as Liquidator of CoOportunity Health, Inc.; and Dan Watkins, in his Capacity as Special Deputy Liquidator of CoOportunity Health, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH & HUMAN SERVICES; Centers for Medicare & Medicaid Services; Thomas E. Price, in his Capacity as Secretary of the United States Department of Health and Human Services; and the United States of America, Defendants.

United States District Court, S.D. Iowa, Central Division.

Signed March 16, 2017.

Attorney(s) appearing for the Case

Kirsten A. Byrd, Douglas J. Schmidt, Derek T. Teeter, Kansas City, MO, Mark Davis Hill, Husch Blackwell LLP, Omaha, NE, for Plaintiffs.

Charles E. Canter, Terrance Anthony Mebane, Serena M. Orloff, US Dept of Justice, Washington, DC, William C. Purdy, United States Attorney's Office, Des Moines, IA, Curtis J. Weidler, US Department of Justice, Washington, DC, for Defendants.

ORDER RE: DEFENDANTS' MOTION TO DISMISS

I. INTRODUCTION

The Department of Health and Human Services seeks dismissal of the present suit. The Department asserts this Court does not have jurisdiction because the requested damages are purely monetary in nature and could be...

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