United States District Court, D. Maryland
J. MESSITTE UNITED STATES DISTRICT JUDGE.
case concerns a dispute between pro se Plaintiff John Yatsko
and the Medicare program. In February 2017, Yatsko was injured in
an automobile accident involving Defendant Sarah Roehl. See
ECF No. 7-1, p. 7; ECF No. 1, ¶¶ 2, 4. Because
Yatsko is a Medicare beneficiary, Medicare made conditional
payments on his behalf to cover his associated medical bills.
ECF No. 7-1, p. 2. With the help of an attorney, Yatsko
obtained a settlement of $75, 000 from State Farm insurance
to compensate him for his injuries and medical expenses
associated with the accident. ECF No. 1, ¶ 4. Upon
learning of the settlement and pursuant to 42 U.S.C. §
1395y(b)(2)(B)(ii), Medicare sought reimbursement from Yatsko
for $3, 158.70 of the conditional payments it previously
made. Yatsko then filed two nearly identical lawsuits - the
first in this court on January 24, 2019; the second in state
court on June 26, 2019, and removed to federal court on July
16, 2019 - claiming that the requested reimbursement is
improper. Puzzlingly, and improperly, Yatsko has styled his
complaints as interpleader actions. See. e.g., ECF No. 1.
filed a Motion to Dismiss in the first case on May 22, 2019,
which the Court has applied to the second case by Order on
October 2, 2019. See ECF No. 14. Yatsko has not filed a
argue that the Court lacks subject matter jurisdiction
because Yatsko failed to exhaust his administrative remedies
with Medicare before filing his lawsuits. ECF No. 7-1, p. 2.
There is a multi-step process by which a Medicare beneficiary
who is dissatisfied with the amount Medicare seeks for
reimbursement may appeal Medicare's decision. See 42
U.S.C. § 1395ff(b)(1). Indeed, Yatsko concedes that he
did not exhaust his remedies within this administrative
process, writing in his Complaint:
"Yatsko spent a year and countless phone calls to learn
Medicare's 'final demand.' Medicare won't
say. CMS is glacial. The 'exhaustion' of
administrative remedies is exhausting. Thus this
ECF No. 1, ¶3.
the Court has given Yatsko ample opportunity to respond to
Defendants' motion. Following the filing of
Defendants' Motion to Dismiss, Yatsko did not file
anything with the Court for nearly a month, at which time he
requested an extension to respond. See ECF No. 11. The Court
granted Yatsko 45 days to do so. ECF No. 12. He has not done
so. When Defendants subsequently asked the Court to
consolidate Yatsko's two cases and apply the Motion to
Dismiss to both, the Court again granted Yatsko an additional
20 days to respond. See ECF No. 14. At that time, the Court
explicitly directed Yatsko "to take careful note that,
should he not comply in a timely fashion with this Order, it
may result in the dismissal of his cases without the Court
having heard from him." The Court's deadline for
Yatsko to respond has again passed and Yatsko has not
contacted the Court. In fact, Yatsko has not had any
communication with the Court for nearly five
due to Yatsko's failure to timely respond to
Defendants' Motion to Dismiss, ECF No. 7, and the obvious
merit of Defendants' argument that Yatsko failed to
exhaust his administrative remedies, the Court GRANTS the
motion WITH PREJUDICE.
separate Order will ISSUE.
 Medicare is the federal health
insurance program, primarily for people who are age 65 or
older. The complaints name as a Defendant Alex M. Azar, II,
the Secretary of the U.S. Department of Health & Human
Services which, through its Centers for Medicare &
Medicaid Services, administers the Medicare program.
 After Medicare granted Yatsko a
reduction in the amount it sought and adjusted that figure to
take into account Yatsko's procurement costs, including
attorney's fees, Medicare issued a demand for $3, 158.70.
ECF No. 7-1, pp. 8-9. Yatsko then requested a total waiver of
that debt, which Medicare denied on March 11, 2019. ECF No.
7-1, p. 9. He then requested a redetermination decision,
which, when issued on April 16, 2019, upheld Medicare's
recovery claim. Id. Although Medicare informed
Yatsko the next step in the appeal process, Yatsko ...