Acadiana Management Group, LLC, Albuquerque-Amg Specialty Hospital, LLC, Central… v. United States

21-1941Court of Appeals for the Federal CircuitSep 16, 2022

Full text

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
ACADIANA MANAGEMENT GROUP, LLC,
ALBUQUERQUE-AMG SPECIALTY HOSPITAL,
LLC, CENTRAL INDIANA-AMG SPECIALTY
HOSPITAL, LLC, LTAC HOSPITAL OF EDMOND,
LLC, HOUMA-AMG SPECIALTY HOSPITAL, LLC,
LTAC OF LOUISIANA, LLC, LAS VEGAS-AMG
SPECIALTY HOSPITAL, LLC, WARREN BOEGEL,
BOEGEL FARMS, LLC, THREE BO’S, INC.,
Plaintiffs-Appellants
v.
UNITED STATES,
Defendant-Appellee
______________________
2021-1941
______________________
Appeal from the United States Court of Federal Claims
in No. 1:19-cv-00496-PEC, Judge Patricia E. Campbell-
Smith.
______________________
Before LOURIE, CHEN , and STARK , Circuit Judges.
PER C URIAM.
O R D E R
Case: 21-1941 Document: 49 Page: 1 Filed: 09/16/2022

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ACADIANA MANAGEMENT GROUP , LLC v. US 2
The appellants filed this action at the United States
Court of Federal Claims, alleging an illegal exaction pred-
icated on a fee increase resulting from implementation of a
2017 amendment to 28 U.S.C. § 1930. The Court of Federal
Claims dismissed the complaint for failure to state a claim,
and this appeal followed. The parties now inform this court
that the Supreme Court in Siegel v. Fitzgerald, 142 S. Ct.
1770 (2022), recently addressed the constitutionality of the
fee increase from the 2017 amendment and the parties
agree that “this Court should vacate the two orders that
are the subject of the instant appeal [the order granting the
government’s motion to dismiss and the order denying re-
consideration] and remand . . . for proceedings not incon-
sistent with Siegel.” ECF No. 45 at 2.
Upon consideration thereof,
IT IS O RDERED THAT:
(1) The United States Court of Federal Claims’ No-
vember 30, 2020, order and May 6, 2021, order are vacated,
and the case is remanded for proceedings consistent with
the Supreme Court’s decision in Siegel.
(2) Each side shall bear its own costs.
September 16, 2022
Date
FOR THE C OURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
ISSUED AS A MANDATE: September 16, 2022
Case: 21-1941 Document: 49 Page: 2 Filed: 09/16/2022

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