UNITED STATES OF AMERICA v. UNITEDHEALTH GROUP INCORPORATED et al

Filing 19

ORDER granting in part and denying in part 15 Motion to Appear as Amici Curiae. Signed by Judge Ellen S. Huvelle on September 24, 2008. (lcesh2)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
__________________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff,
)
)
v.
) Civil Action No. 08-322 (ESH)
)
UNITEDHEALTH GROUP INC. and SIERRA )
HEALTH SERVICES, INC.,
)
)
Defendants.
)
__________________________________________)
ORDER
The American Medical Association (“AMA”) and the Service Employees International
Union (“SEIU”) have moved to participate as amici curiae in this case. Specifically, the AMA
and SEIU ask “to participate in the Tunney Act proceedings by introducing evidence, filing this
motion, and being heard at the September 24, 2008 hearing, or in a proceeding before a Special
Master.” (Joint Mot. at 14.) Under the Tunney Act, a court has wide discretion over the nature
and scope of hearings held pursuant to its pubic interest determination. See 15 U.S.C. § 16(e)(2).
Additional evidence or hearings are not needed for the public interest determination.
Movants’ chief argument is that the potential harm is broader than that alleged in the complaint,
which only addresses the Medicare Advantage market. (Joint Mot. at 6.) However, under
United States v. SBC Communications, 489 F. Supp. 2d 1, 13-14 (D.D.C. 2007), the Court’s
review is limited to the scope of the complaint, so the Court cannot consider any additional
information about other markets. Moreover, for the reasons stated in open court, the government
has established that its proposed remedies sufficiently address the potential harm to the Medicare
Advantage market.

Therefore, for these reasons, as well as those stated in open court, it is hereby
ORDERED that the Joint Motion for Leave to Appear as Amici Curiae [Dkt. #15] is
GRANTED IN PART and DENIED IN PART. The motion is granted to the extent that the
motion has been accepted into the record, and the parties have had the opportunity to be heard at
the hearing on this date. However, the motion is denied insofar as movants request the
opportunity to file additional pleadings, introduce evidence, or have further hearings.
SO ORDERED.

/s/
ELLEN SEGAL HUVELLE
United States District Judge

Date: September 24, 2008

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