THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

* THE UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, *

Plaintiff, * Civil Action No.: RDB-08-0946 v. *

KATHLEEN SEBELIUS, Secretary, * United States Department of Health and Human Services *

Defendant. *

* * * * * * * * * * * * *

ORDER

For the reasons stated in the foregoing Memorandum Opinion, it is this 19th day of April,

2010, ORDERED and ADJUDGED, that:

1. Plaintiff the University of Texas M.D. Anderson Cancer Center’s Motion for

Summary Judgment (Paper No. 14) is DENIED;

2. The Cross-Motion for Summary Judgment (Paper No. 16) of Defendant Kathleen

Sebelius, Secretary of the United States Department of Health and Human

Services, is GRANTED;

3. That judgment BE, and it hereby IS, entered in favor of the Defendant and against

the Plaintiff;

4. The Clerk of the Court transmit copies of this Order and accompanying

Memorandum Opinion to the parties; and

5. The Clerk of Court CLOSE this case. /s/____________ __ Richard D. Bennett United States District Judge