UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) BAPTIST MEMORIAL HOSPITAL, ) ) Plaintiff, ) ) v. ) Civil Action No. 02-1919 (PLF) ) CHARLES E. JOHNSON, ) Acting Secretary, United States Department of ) Health and Human Services, ) ) Defendant.1 ) __________________________________________)

ORDER

For the reasons set forth in the Opinion issued this same day, it is hereby

ORDERED that plaintiff’s Motion for Discovery [33] is DENIED; it is

FURTHER ORDERED that defendant’s Motion to Dismiss [30] is GRANTED;

and it is

FURTHER ORDERED that plaintiff’s Motion for Summary Judgment [38] is

DENIED as moot. This case is DISMISSED for lack of jurisdiction. The Clerk of this Court

shall remove this case from the docket of this Court. This is a final appealable order. See FED .

R. APP . P. 4(a).

SO ORDERED.

__/s/_________________________ PAUL L. FRIEDMAN United States District Judge DATE: March 25, 2009

1 The Court has substituted Acting Secretary Charles E. Johnson as defendant pursuant to Rule 25(d) of the Federal Rules of Civil Procedure.