Acadiana Management Group, LLC v. United States ( 2022 )


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  • Case: 21-1941   Document: 49     Page: 1   Filed: 09/16/2022
    NOTE: This order is nonprecedential.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 CURIAM.
    ORDER
    Case: 21-1941    Document: 49      Page: 2     Filed: 09/16/2022
    2                    ACADIANA MANAGEMENT GROUP, LLC     v. US
    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 ORDERED 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.
    FOR THE COURT
    September 16, 2022                 /s/ Peter R. Marksteiner
    Date                         Peter R. Marksteiner
    Clerk of Court
    ISSUED AS A MANDATE: September 16, 2022
    

Document Info

Docket Number: 21-1941

Filed Date: 9/16/2022

Precedential Status: Non-Precedential

Modified Date: 9/16/2022