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

Filing 264

ORDER GRANTING PLAINTIFFS A.'S, S.'S, C.J.'S, AND H.T.'S MOTION FOR LEAVE TO WITHDRAW AND FOR AN ORDER DISMISSING THEIR CLAIMS WITHOUT PREJUDICE re (247 in 1:08-cv-00551-ACK-BMK). Signed by JUDGE ALAN C KAY. Associated Cases: 1:0 8-cv-00551-ACK-BMK, 1:09-cv-00044-ACK-BMK(eps ) -- The Court finds it appropriate to grant Plaintiffs A.,S., C.J., and H.T. permission to withdraw from this action. In addition, pursuant to Fed. R. Civ. P. 41(a)(2), the Court find s that the dismissal of their claims without prejudice is proper. Accordingly, the motion to withdraw and for dismissal without prejudice is granted 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 are served by first class mail

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 PLAINTIFFS A.'S, S.'S, C.J.'S, AND H.T.'S MOTION FOR LEAVE TO WITHDRAW AND FOR AN ORDER DISMISSING THEIR CLAIMS WITHOUT PREJUDICE On September 17, 2009, Plaintiffs A., S., C.J., and H.T. filed a motion, pursuant to Fed. R. Civ. P. 41(a)(2), for leave to withdraw and for an order dismissing their claims without prejudice. On September 21, 2009, Defendants, the State

of Hawaii, Department of Human Services ("State DHS"), and Lillian B. Koller, in her official capacity as the Director of

the State DHS, and Intervenors, Wellcare Health Insurance of Arizona, Inc. d/b/a Ohana Health Plan ("Ohana") and United Healthcare Insurance Company d/b/a Evercare ("Evercare"), filed statements of no position as to the motion. On September 22,

2009, Defendants, the United States Department of Health and Human Services ("Federal DHHS") and the Secretary of the Federal DHHS, filed a statement of no position as to the motion. The Court finds it appropriate to grant Plaintiffs A., S., C.J., and H.T. permission to withdraw from this action. In

addition, pursuant to Fed. R. Civ. P. 41(a)(2), the Court finds that the dismissal of their claims without prejudice is proper. Accordingly, the motion to withdraw and for dismissal without prejudice is granted. IT IS SO ORDERED. Dated: Honolulu, Hawai`i, September 22, 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 Plaintiffs A.'s, S.'s, C.J.'s, and H.T.'s Motion for Leave to Withdraw and for an Order Dismissing Their Claims Without Prejudice

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