Flores et al v. United States of America et al

Filing 24

ORDER Staying Proceedings. Signed by District Judge Avern Cohn. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOE FLORES, an individual, and CONSUELO FLORES, as court-appointed conservator and guardian of JOE FLORES, as individuals and on behalf of all others similarly situated, Plaintiffs, vs. Case No. 11-12119 UNITED STATES OF AMERICA, UNITED STATES DEPARTMENT OF DEFENSE, TRICARE MANAGEMENT ACTIVITY, and ROBERT M. GATES, HON. AVERN COHN Defendants. ______________________________________/ ORDER STAYING PROCEEDINGS This is a case challenging a decision by TRICARE Management Activity (TRICARE), a managed health care program for members of the uniformed services, retirees, and their dependents. Plaintiffs Joe Flores (Flores) and Consuelo Flores, Flores’s daughter, say that TRICARE has unlawfully stopped providing coverage to Flores on the grounds that the care provided is “custodial” and not “skilled nursing care.” Plaintiffs seek relief under the Administrative Procedures Act (APA), 5 U.S.C. § 702, as being aggrieved by an agency action. The parties are endeavoring to resolve the case in the form of an order of remand to TRICARE. The Court held a telephone conference on December 20, 2011. This order memorializes the matters discussed at the conference. Proceedings in the case are STAYED for sixty (60) days. In the interim, the parties shall meet and confer on an appropriate remand order. If the parties are unable to agree on a remand order in thirty (30) days, then the matter will be referred to Magistrate Judge Majzoub to meet with the parties within the next thirty (30) days to see if an appropriate remand order can be entered. SO ORDERED. S/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: December 21, 2011 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, December 21, 2011, by electronic and/or ordinary mail. S/Julie Owens Case Manager, (313) 234-5160 2

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