G. et al v. State of Hawaii, Department of Human Services et al

Filing 213

ORDER GRANTING EVERCARE'S MOTION TO AMEND AND OHANA'S JOINDER 196 ; 198 . Signed by JUDGE ALAN C KAY. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII G., PARENT AND NEXT FRIEND OF K., A DISABLED CHILD, ET AL., Plaintiffs, vs. STATE OF HAWAII, DEPARTMENT OF HUMAN SERVICES, ET AL., Defendants. G., PARENT AND NEXT FRIEND OF K., A DISABLED CHILD, ET AL., Plaintiffs, vs. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civ. No. 08-00551 ACK-BMK Civ. No. 09-00044 ACK-BMK (Consolidated)

ORDER GRANTING EVERCARE'S MOTION TO AMEND AND OHANA'S JOINDER On August 27, 2009, Intervenor United Healthcare Insurance Company d/b/a Evercare ("Evercare") filed a motion to amend the Court's Order Denying Plaintiffs' Motions For Temporary Restraining Orders And To Expedite The Hearings On Their Motions For Preliminary Injunctions. Evercare asks that the Court amend

the order by specifying that the Transition Period has effectively been extended "as to Plaintiffs." The same day,

Intervenor Wellcare Health Insurance of Arizona, Inc. d/b/a Ohana Health Plan ("Ohana") filed a joinder in the motion. On

September 4, 2009, Plaintiffs filed a statement of no opposition to Evercare's motion. While the order makes clear on page 12 that the Transition Period has been effectively extended as to each Plaintiff only ("counsel for Evercare and Ohana agreed to extend the Transition Period as to each Plaintiff until the Court rules on the motions for preliminary injunctions"), for purposes of avoiding any possible misunderstanding the Court will grant Evercare's motion and Ohana's joinder and will file an amended order incorporating the following underscored language: At page 13: "as the Transition Period has effectively

been extended by the QExA Contractors as to Plaintiffs" At page 14: "having found that the Transition Period

has basically been extended as to Plaintiffs" At page 15: "as the Transition Period has effectively

been extended by the QExA Contractors as to Plaintiffs" At page 15: "having found that the Transition Period

has effectively been extended as to Plaintiffs"

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IT IS SO ORDERED. Dated: Honolulu, Hawai`i, September 4, 2009.

________________________________ Alan C. Kay Sr. United States District Judge

G. v. Hawai`i, Dep't of Human Servs., Civ. Nos. 08-00551 ACK-BMK & 09-00044 ACK-BMK: Order Granting Evercare's Motion to Amend and Ohana's Joinder

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