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GUST ROSENFELD P.L.C.

One S. Church Ave., Suite 1900
Tucson, Arizona 85701-1627
Telephone: (520) 628-7070
Facsimile: (520) 624-3849
Thomas M. Murphy 003340; PCC No. 41252
William S. Sowders 022286
tmurphy@gustlaw.com
wsowders@gustlaw.com

Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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COCHISE REGIONAL HOSPITAL,

No.

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Plaintiff,

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vs.
SYLVIA MATHEWS BURWELL, in her
official capacity as U.S. Secretary of
Health and Human Services; Marilyn
Tavenner, as Administrator of the Centers
for Medicare & Medicaid Services; and
Cara M. Christ, as Director of the Arizona
Department of Health Services,

PLAINTIFFS EX PARTE MOTION

FOR (1) TEMPORARY
RESTRAINING ORDER; AND (2)
ORDER TO SHOW CAUSE FOR
PRELIMINARY INJUNCTION

Defendant.
TO DEFENDANTS AND THEIR COUNSEL:

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PLEASE TAKE NOTICE that, at a time to be set by the Court, Plaintiff

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Cochise Regional Hospital (CRH), in the courtroom of an Article III Judge of this

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Court as yet to be determined, will and hereby do apply pursuant to Rule 65 of the

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Federal Rules of Civil Procedure and Local Rule 65-1 for a temporary restraining order

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and order to show cause why a preliminary injunction should not be issued against

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Sylvia Mathews Burwell, in her official capacity as U.S. Secretary of Health and

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WSS:tno 2429205.1 7/16/2015

Human Services; Marilyn Tavenner, as Administrator of the Centers for Medicare &

Medicaid Services; and Cara M. Christ, M.D., as Director of the Arizona Department of

Health Services.

This motion is made on the grounds that (1) Plaintiff is likely to succeed on the

merits in establishing that Defendants decision to terminate CRHs Medicare provider

agreement is invalid for various violations of the Fifth and Fourteenth Amendments of

the United States Constitution; (2) Plaintiff will suffer immediate and irreparable harm

unless the decision is enjoined; (3) the balance of hardships tips in favor of Plaintiff;

and (4) the public interest supports the issuance of a temporary restraining order and

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order to show cause why a preliminary injunction should not be entered.

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This application is based on the accompanying Plaintiffs Memorandum in

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Support of Motion for a Temporary Restraining Order; Supporting Declaration of Seth

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Guterman, M.D.; and on such argument and evidence as may be presented at the

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hearing.

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Notice of this motion has been given to counsel for Defendant by Thomas

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Murphy and William Sowders on July 15, 2015 via telephone and on July 16, 2015 via

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email. Notice of the hearing date will be given to Defendant when that date is set.

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Delivery of this application and all supporting papers to Defendant will be made on

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July 16, 2015 by e-mail immediately upon the signing of this application.

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RESPECTFULLY SUBMITTED this 16th day of July, 2015.

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GUST ROSENFELD P.L.C.

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By /s/ William S. Sowders (#022286)

One S. Church Ave., Suite 1900
Tucson, Arizona 85701-1627

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Attorneys for Plaintiff

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WSS:tno 2429205.1 7/16/2015