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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

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

COCHISE REGIONAL HOSPITAL, Plaintiff, 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, Defendant.

No. PLAINTIFF’S EX PARTE MOTION FOR (1) TEMPORARY RESTRAINING ORDER; AND (2) ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION

TO DEFENDANTS AND THEIR COUNSEL:

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

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

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

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

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

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

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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 CRH’s 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

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

This application is based on the accompanying Plaintiff’s Memorandum in

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

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

hearing.

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

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

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

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

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

RESPECTFULLY SUBMITTED this 16th day of July, 2015.

GUST ROSENFELD P.L.C. By /s/ William S. Sowders (#022286)

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

Attorneys for Plaintiff