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Sebelius v. Auburn Regional Medical Center

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Docket No. Op. Below Argument Opinion Vote Author Term
11-1231 D.C. Cir. Dec 4, 2012 Jan 22, 2013 9-0 Ginsburg OT 2012

Holding: The 180-day statutory time limit for a hospital to appeal a final Medicare reimbursement is not “jurisdictional,” but it is also not subject to equitable tolling.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Ginsburg on January 22, 2013. Justice Sotomayor wrote a concurring opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 9 2012Application (11A864) to extend the time to file a petition for a writ of certiorari from March 19, 2012 to April 18, 2012, submitted to The Chief Justice.
Mar 13 2012Application (11A864) granted by The Chief Justice extending the time to file until April 13, 2012.
Apr 13 2012Petition for a writ of certiorari filed. (Response due May 14, 2012)
May 14 2012Brief of respondent Auburn Regional Medical Center, et al. in opposition filed.
May 29 2012DISTRIBUTED for Conference of June 14, 2012.
May 30 2012Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)
Jun 18 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012Petition GRANTED.
Jul 23 2012John F. Manning, Esquire, of Cambridge, Massachusetts, is invited to brief and argue this case, as amicus curiae, in support of the position that the 180-day statutory time limit for filing an appeal with the Provider Reimbursement Review Board from a final Medicare payment determination made by a fiscal intermediary, 42 U. S. C. §1395oo(a)(3), may not be extended for any period.
Aug 3 2012The brief of the Court-appointed amicus curiae is to be filed on or before August 31, 2012.
Aug 3 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 11, 2012.
Aug 3 2012The time to file respondents' brief on the merits is extended to and including October 16, 2012.
Aug 31 2012Brief of Court-Appointed amicus curiae filed.
Sep 11 2012Joint appendix filed. (Statement of costs received.)
Sep 11 2012Brief of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed.
Sep 14 2012SET FOR ARGUMENT ON Tuesday, December 4, 2012.
Sep 14 2012Brief amicus curiae of Professor Scott Dodson in support of neither party filed.
Oct 3 2012Record received from U.S.C.A. for District f Columbia Circuit. (1 box)
Oct 5 2012Record from U.S.D.C. for the District of Columbia is electronic.
Oct 16 2012Brief of respondents Auburn Regional Medical Center, et al. filed. (Distributed)
Oct 17 2012CIRCULATED.
Oct 19 2012Brief amicus curiae of Benjamin N. Cardozo School of Law Tax Clinic filed. (Distributed)
Oct 23 2012Brief amicus curiae of American Hospital Association filed. (Distributed)
Oct 23 2012Brief amicus curiae of Southwest Consulting Associates, LP filed. (Distributed)
Oct 23 2012Brief amicus curiae of Quality Reimbursement Services, Inc. filed. (Distributed)
Oct 23 2012Motion of Court-Appointed amicus curiae for divided argument filed.
Nov 13 2012Motion of Court-Appointed amicus curiae for divided argument GRANTED.
Nov 15 2012Reply of petitioner Kathleen Sebelius, Secretary of Health and Human Services filed. (Distributed)
Nov 15 2012Reply of Court-Appointed amicus curiae filed. (Distributed)
Dec 4 2012Argued. For petitioner: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-Appointed amicus curiae: John F. Manning, Cambridge, Mass. (Appointed by this Court.) For respondent: Robert L. Roth, Washington, D. C.
Jan 22 2013Judgment REVERSED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion.
Feb 25 2013JUDGMENT ISSUED.
Apr 2 2013Record returned to U.S.C.A. for District of Columbia Circuit.