Newton-Nations, et al v. Betlach, et al

Filing 219

ORDER granting 213 Plaintiff's Motion for an Expedited Decision; granting in part and denying without prejudice in part 195 Motion for a Stay of Judgment or, in the alternative, Injunction Pending Appeal. Plaintiffs' Motion for a Stay o f Judgment or, in the alternative, Injunction Pending Appeal (Doc. 195) is granted for 30 days from the October 1, 2010 effective date of the copayments to the right of Plaintiffs to seek relief in the Court of Appeals for the Ninth Circuit. Plaintiffs' Motion for Stay or Injunction in all other respects is denied without prejudice. Signed by Judge Earl H Carroll on 9/23/10.(LSP)

Newton-Nations, et al v. Rogers, et al

Doc. 219

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA S h a r o n Newton-Nations; Manuela) Gonzalez; Cheryl Bilbrey; Hector) Martinez; Dawn House; Dana Franklin;) Edward Bonner; D.H.; Jack Baumhardt;) ) Manuel Esparza, ) ) Plaintiffs, ) ) and ) Donald McCants; Anne Garrison; Patricia) Jones; Todd Eaton, on behalf of) themselves and all others similarly) ) situated, ) ) Plaintiffs-Appellants, ) ) vs. ) Thomas J. Betlach, Director of the Arizona) Health Care Cost Containment System;) and Kathleen Sebelius, Secretary of the) United States Department of Health and) Human Services, in their official) ) capacities, ) ) Defendants - Appellees. ) ) ) No. CV 03-2506-PHX-EHC Ninth Circuit No. 10-16193 ORDER

On March 29, 2010, the Court filed an Order granting Defendants' Motions for Summary Judgment, denying Plaintiffs' Motion for Summary Judgment, and vacating the previously imposed preliminary injunction (Doc. 186 - Order). Judgment was entered in favor of Defendants and against Plaintiffs on March 29, 2010 (Doc. 187). On May 25, 2010, Plaintiff Class Representatives filed a Notice of Appeal (Doc. 188).

Dockets.Justia.com

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On August 6, 2010, Plaintiffs filed a Motion for a Stay of Judgment or, in the alternative, Injunction Pending Appeal (Doc. 195), and supporting Memorandum (Doc. 194, 201). The matter is now fully briefed by the parties (Doc. 204-206, 208, 211-212). Plaintiffs have filed an unopposed Motion for an Expedited Decision (Doc. 213). On September 20, 2010, Plaintiffs' Motion for Stay or Injunction Pending Appeal came before the Court for a hearing. Counsel for the parties appeared by telephone at the hearing. During the hearing, defense counsel agreed that the Court has jurisdiction to consider Plaintiffs' motion for stay or injunction, including ordering a stay of 30 days so Plaintiffs could seek relief in the Court of Appeals. Plaintiffs' counsel informed the Court that a whole new administrative rule was approved on July 13, 2010 regarding the increased copayments (see Doc. 201 - Plaintiffs' Memorandum at 5). Plaintiffs argue that the challenged copayments for medical services are included in the Arizona administrative rule set to become effective October 1, 2010. The Court will grant in part and deny without prejudice in part Plaintiffs' Motion for a Stay of Judgment or, in the alternative, Injunction Pending Appeal. Accordingly, IT IS ORDERED that Plaintiffs' Motion for an Expedited Decision (Doc. 213) is granted. IT IS FURTHER ORDERED that Plaintiffs' Motion for a Stay of Judgment or, in the alternative, Injunction Pending Appeal (Doc. 195) is granted in part and denied without prejudice in part. IT IS FURTHER ORDERED that Plaintiffs' Motion for a Stay of Judgment or, in the alternative, Injunction Pending Appeal (Doc. 195) is granted for 30 days from the October 1, 2010 effective date of the copayments to the right of Plaintiffs to seek relief in the Court of Appeals for the Ninth Circuit. Plaintiffs' Motion for Stay or Injunction in all other respects is denied without prejudice.

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DATED this 23rd day of September, 2010.

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