COOPER v. AETNA HEALTH INC. PA, CORP. et al

Filing 683

ORDER Ordered that, NPSC may move before this Court for a suggestion of remand to the transferor District Court, the Central District of California, within 30 days of this Order, etc., Signed by Judge Faith S. Hochberg on 11/18/10. (dc, )

-PS COOPER v. AETNA HEALTH INC. PA, CORP. et al

Doc. 683

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : :

MDL No. 2020 Master File No. 07-cv-3541 (FSH) (PS) ORDER Date: November 18, 2010

IN RE: AETNA UCR LITIGATION,

This Document Relates To: North Peninsula Surgical Center, L.P. Case No. 2:09-cv-3972-FSH-PS

HOCHBERG, District Judge This matter comes before the Court on the November 16, 2010 request of plaintiff North Peninsula Surgical Center, L.P. ("NPSC") for a scheduling conference with the Court, and it appearing that NPSC filed a putative class action against Aetna in the Central District of California challenging certain of Aetna's alleged methodologies for paying claims by out-ofnetwork medical facilities, including using the Ingenix database; and it appearing that on August 10, 2009, the Judicial Panel for Multidistrict Litigation transferred NPSC's case to this Court for consolidated proceedings as a tag along case to the Aetna-MDL; and it appearing that a central allegation in the Aetna-MDL is Aetna's alleged use of the Ingenix database to determine reimbursement rates for out-of-network health provider claims; and it appearing that NPSC contends that discovery has revealed that Aetna did not use the Ingenix database to determine rates paid to facilities such as NPSC; and

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it appearing that NPSC intends to file an amended complaint that omits any reference to the Ingenix database; and it appearing that NPSC contends that its revised claims against Aetna would be excluded from the class definition set forth in plaintiffs' most recent omnibus motion for class certification, filed on November 8, 2010, whereas its claims had been included within the class definition set forth in a prior class certification motion; and it appearing that a scheduling conference is not necessary at this time; IT IS on this 18th day of November, 2010, ORDERED that NPSC may move before this Court for a suggestion of remand to the transferor District Court, the Central District of California, within thirty (30) days of this Order. Defendants may file a response within fourteen (14) days of NPSC's motion. IT IS SO ORDERED.

/s/ Faith S. Hochberg Hon. Faith S. Hochberg, U.S.D.J.

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