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

Filing 529

SCHEDULING ORDER REGARDING EVERCARE'S MOTION FOR PARTIAL SUMMARYJUDGMENT ON THE ISSUE OF PROVIDER NETWORK ADEQUACY 409 . Signed by JUDGE ALAN C KAY on 2/4/10. ~ Accordingly, the hearing on Evercare's Provider Networks MSJ s hall be moved to March 8, 2010, the same day the Court is scheduled to hear the Meyers and Leverty Motions in Limine. Intervenors Evercare and WellCare of Arizona, along with the State Defendants, may submit supplemental briefing addressing any impac t that Meyers' final expert report may have on Evercare's Provider Networks MSJ, if any such report is filed, by February 22, 2010, and Plaintiffs may submit any response by February 25, 2010. (ecs, )CERTIFI CATE 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 will be served by first class mail on 2/5/10

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)

SCHEDULING ORDER REGARDING EVERCARE'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF PROVIDER NETWORK ADEQUACY On November 20, 2009, Intervenor United Healthcare Insurance Company d/b/a Evercare ("Evercare") filed a motion for partial summary judgment regarding Plaintiffs' claim that the QExA Contractors have inadequate provider networks, in contravention of 42 U.S.C. § 1396u-2(b)(5) ("Evercare's Provider Networks MSJ").

The hearing on Evercare's Provider Networks MSJ is currently scheduled for February 11, 2010, at 10 a.m. Relatedly, on January 7, 2010, Evercare filed a motion in limine to exclude purported expert testimony of Arleen D. Meyers, M.D., J.D., M.P.H. ("Meyers Motion in Limine"). On January 19, 2010, Magistrate Judge Barry M. Kurren issued an amended scheduling order requiring that Plaintiffs' expert witness reports be filed by February 15, 2010. Because

the amended scheduling order issued by Judge Kurren set the due date of Plaintiffs' expert witness reports for February 15, 2010, the Court issued an order on January 25, 2010, rescheduling the hearing on the Meyers Motion in Limine to March 8, 2010. However, Evercare, in its reply filed on January 28, 2010, to Plaintiffs' Opp. Mem., argues that "[b]ecause Plaintiffs continue to rely on the purported `expert reports' already submitted by Dr. Meyers, this Court must rule on the admissibility of her `expert' testimony submitted to date in the context of this Motion . . . ." Evercare Reply at 18 n.18.

Accordingly, the hearing on Evercare's Provider Networks MSJ shall be moved to March 8, 2010, the same day the Court is scheduled to hear the Meyers and Leverty Motions in Limine. Intervenors Evercare and WellCare of Arizona, along with

the State Defendants, may submit supplemental briefing addressing any impact that Meyers' final expert report may have on 2

Evercare's Provider Networks MSJ, if any such report is filed, by February 22, 2010, and Plaintiffs may submit any response by February 25, 2010. IT IS SO ORDERED. DATED: Honolulu, Hawai`i, February 4, 2010.

________________________________ 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: Scheduling Order Regarding Evercare's Motion for Partial Summary Judgment on the Issue of Provider Network Adequacy

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