AmeriHealth Nebraska, Inc. v. Nebraska Department of Administrative Services et al

Filing 36

ORDER that joint motion (Filing No. 28 ) is granted. The motion hearing is continued until August 11, 2016 at 9:00 a.m. Defendants have until July 25, 2016 to answer or otherwise respond to the Complaint (Filing No. 1-1). Defendants have until July 25, 2016 to respond to the Motion for Preliminary Injunction. Ordered by Judge Robert F. Rossiter, Jr. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMERIHEALTH NEBRASKA, INC., a
Nebraska Corporation;
4:16CV03100
Plaintiff,
vs.

ORDER

NEBRASKA DEPARTMENT OF
ADMINISTRATIVE SERVICES, a
political subdivision of the State of
Nebraska; NEBRASKA DEPARTMENT
OF HEALTH AND HUMAN SERVICES,
a political subdivision of the State of
Nebraska; BYRON L. DIAMOND,
Director of the Nebraska Department of
Administrative Services; FRANCIS
BOTELHO, Administrator of the Nebraska
Department of Administrative Services
Materiel Division; COURTNEY N.
PHILLIPS, Chief Executive Officer of the
Nebraska Department of Health and Human
Services; and CALDER A. LYNCH,
Director of the Nebraska Department of
Health and Human Services Division of
Medicaid and Long-Term Care;
Defendants,
and
WELLCARE OF NEBRASKA, INC.;
NEBRASKA TOTAL CARE, INC.; and
UNITEDHEALTHCARE OF THE
MIDLANDS, INC.;
Intervenors.

This matter is before the Court on Defendants and Intervenors’ Joint Motion to
Establish Hearing on Preliminary Injunction and to Establish Briefing Schedule on all
Pending Matters (Filing No. 28). On June 30, 2016, before this case was reassigned to
the Court, the hearing was set for July 28, 2016 at 1:30 p.m. and the parties were ordered
to file a brief at least ten days before the hearing (Filing No. 29). In their motion,

Defendants and Intervenors request the Court align the hearing for Plaintiff’s Motion for
Preliminary Injunction (Filing No. 21) and the briefing schedule in this case with the
schedule in Case No. 4:16-cv-03094, which is the subject of a pending motion to
consolidate (Filing No. 26). Plaintiff opposes “any delay” (Filing No. 34), arguing the
parties agreed “to stipulate to hold the hearing on July 28, 2016.” Plaintiff also asserts it
is suffering “past and ongoing irreparable harm.”
For good cause shown,
IT IS ORDERED:
1.

The joint motion (Filing No. 28) is granted;

2.

the motion hearing is continued until August 11, 2016 at 9:00 a.m.;

3.

Defendants have until July 25, 2016 to answer or otherwise respond to the
Complaint (Filing No. 1-1); and

4.

Defendants have until July 25, 2016 to respond to the Motion for
Preliminary Injunction.

Dated this 18th day of July, 2016.
BY THE COURT:
s/ Robert F. Rossiter, Jr.
United States District Judge

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