ACS State Healthcare v. Heineman et al

Filing 146

ORDER denying as moot 60 objection; denying as moot 73 objection; denying as moot 74 objection, all without prejudice to refiling. Ordered by Senior Judge Lyle E. Strom. (JDR)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ACS STATE HEALTHCARE, LLC, a Delaware Limited Liability Company, ) ) ) ) Plaintiff, ) ) v. ) ) DAVID HEINEMAN, in his official ) capacity as GOVERNOR OF THE ) STATE OF NEBRASKA; JON BRUNING, ) in his official capacity as ) ATTORNEY GENERAL OF THE STATE ) OF NEBRASKA; CARLOS CASTILLO, ) in his official capacity as ) DIRECTOR, DEPARTMENT OF ) ADMINISTRATIVE SERVICES; ) CHRISTINE PETERSON, CEO OF THE ) DEPARTMENT OF HEALTH & HUMAN ) SERVICES; and STEVE SULEK, in ) his official capacity as ACTING ) MATERIAL DIVISION ADMINISTRATOR, ) ) Defendants, ) ) FOURTHOUGHT GROUP, INC., ) ) Defendant-Intervenor. ) ___________________________________) 4:08CV3021 ORDER This matter is before the Court on plaintiff's objection to the declarations of James Ohmberger, Lois Hanson, Ruth Gray, Margo Gamet and Sharon Butts (Filing No. 60); plaintiff's objection to the declarations of Jeff Myers and Barbera Bridgewater (Filing No. 73); and plaintiff's objection to declaration of Sharon Butts, state's Exhibit No. 106 (Filing No. 74). The Court notes that each of the above objections relates to the plaintiff's motion for a temporary restraining order and preliminary injunction (Filing No. 9), which the Court has previously ruled upon (See Filing Nos. 75, 76). Accordingly, IT IS ORDERED that the aforementioned objections (Filing Nos. 60, 73, 74) are denied as moot without prejudice to refiling. DATED this 22nd day of September, 2008. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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