Concourse Rehabilitation & Nursing Center, Inc. v. Thompson

Second Circuit

Concourse Rehabilitation & Nursing Center, Inc. v. Thompson

155 F. App'x 28

CourtCourt of Appeals for the Second Circuit

DecidedNovember 17, 2005

DocketNo. 04-2586-CV

StatusPublished

This text of 155 F. App'x 28 (Concourse Rehabilitation & Nursing Center, Inc. v. Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Concourse Rehabilitation & Nursing Center, Inc. v. Thompson, 155 F. App'x 28 (2d Cir. 2005).

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Opinion

SUMMARY ORDER

Plaintiff-appellant Concourse Rehabilitation & Nursing Center, Inc. (“Concourse”) appeals from a final judgment entered in the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge) granting defendants’ motion to dismiss on the grounds that, inter alia, (1) the district court lacked subject matter jurisdiction over plaintiffs claims arising under the Medicare Act, 42 U.S.C. §§ 1395 et seq., and (2) Concourse failed to state a constitutional claim upon which relief may be granted. [29]*29See Concourse Rehab. & Nursing Ctr., Inc. v. Thompson, No. 03 Civ. 260, 2004 WL 434434, at *3, 2004 U.S. Dist. LEXIS 3629, at *7-*8 (S.D.N.Y. March 8, 2004). Familiarity with the facts and procedural history is assumed.

For substantially the same reasons set forth in the district court’s opinion, we conclude that the district court properly held that it lacked subject matter jurisdiction over Concourse’s claims arising under the Medicare Act. Moreover, Concourse failed to raise its constitutional claims in its opening brief and, accordingly, has waived those claims. United States v. Gabriel, 125 F.3d 89, 100 n. 6 (2d Cir.1997).

We have considered all of Concourse’s arguments and find them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.

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SUMMARY ORDER

Plaintiff-appellant Concourse Rehabilitation & Nursing Center, Inc. (“Concourse”) appeals from a final judgment entered in the United States District Court for the Southern District of New York (Naomi Reice Buchwald, Judge) granting defendants’ motion to dismiss on the grounds that, inter alia, (1) the district court lacked subject matter jurisdiction over plaintiffs claims arising under the Medicare Act, 42 U.S.C. §§ 1395 et seq., and (2) Concourse failed to state a constitutional claim upon which relief may be granted. [29]*29See Concourse Rehab. & Nursing Ctr., Inc. v. Thompson, No. 03 Civ. 260, 2004 WL 434434, at *3, 2004 U.S. Dist. LEXIS 3629, at *7-*8 (S.D.N.Y. March 8, 2004). Familiarity with the facts and procedural history is assumed.

For substantially the same reasons set forth in the district court’s opinion, we conclude that the district court properly held that it lacked subject matter jurisdiction over Concourse’s claims arising under the Medicare Act. Moreover, Concourse failed to raise its constitutional claims in its opening brief and, accordingly, has waived those claims. United States v. Gabriel, 125 F.3d 89, 100 n. 6 (2d Cir.1997).

We have considered all of Concourse’s arguments and find them to be without merit. Accordingly, the judgment of the district court is hereby AFFIRMED.

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155 F. App'x 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concourse-rehabilitation-nursing-center-inc-v-thompson-ca2-2005.

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