35-main
TRANSCRIPT
-
8/7/2019 35-main
1/3
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
PETER D. KINDER, et al., )
)Plaintiffs )
)
v. ) Civil Action No. 1:10-cv-00101-RWS
)
TIMOTHY F. GEITHNER, et al. )
)
Defendants )
____________________________________)
DEFENDANTS MOTION FOR LEAVE TO FILE SUPPLEMENTAL
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
This matter is pending before the Court on defendants fully briefed motion to
dismiss. Defendants respectfully move for leave to file a supplemental
memorandum.
In support of Count VII of their Amended Complaint, the three plaintiffs who
are Medicare Advantage enrollees argue that 42 U.S.C. 1395w-23(o), by increasing
a bonus paid for Medicare Advantage plans in qualifying counties, uncon-
stitutionally discriminates against Medicare Advantage enrollees who do not live in
qualifying counties. Those plaintiffs anticipated that the counties in which they
reside would not be determined to be qualifying counties.
At the time plaintiffs filed their brief (Jan. 25, 2011), and at the time
defendants filed their reply brief (Feb. 25, 2011), no determination of which counties
are qualifying counties had been made.
Case: 1:10-cv-00101-RWS Doc. #: 35 Filed: 04/06/11 Page: 1 of 3 PageID #: 505
-
8/7/2019 35-main
2/3
The proposed supplemental memorandum, a copy of which is tendered as an
exhibit hereto, would advise the Court that a determination of which counties are
qualifying counties was published on April 4, 2011; advise the Court whether the
Medicare Advantage plaintiffs reside in qualifying counties; and briefly (in one
sentence) address the effect of this determination on their standing.
Respectfully submitted,
TONY WEST
Assistant Attorney General
RICHARD G. CALLAHAN
United States Attorney
SHEILA M. LIEBER
Deputy Branch Director
/s/ Brian G. KennedyBRIAN G. KENNEDY (D.C. Bar No. 228726)
United States Department of Justice
Civil Division
Federal Programs Branch
20 Massachusetts Ave., N.W.Washington, D.C. 20530
Tel.: (202) 514-3357 Fax: (202) 616-8470
Email: [email protected]
-2-
Case: 1:10-cv-00101-RWS Doc. #: 35 Filed: 04/06/11 Page: 2 of 3 PageID #: 506
-
8/7/2019 35-main
3/3
CERTIFICATE OF SERVICE
I hereby certify that on April 6, 2011, the foregoing was filed electronically
with the Clerk of Court to be served by operation of the Courts electronic filing
system upon the following:
Mark F. (Thor) Hearne, II
Lindsay S.C. Brinton
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Phone: (202) 857-6000
Fax: (202) 857-6395
[email protected]@arentfox.com
Robert C. OBrien
Steven A. Haskins
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013
Attorneys for Plaintiffs
/s/ Brian G. Kennedy
Brian G. Kennedy
-3-
Case: 1:10-cv-00101-RWS Doc. #: 35 Filed: 04/06/11 Page: 3 of 3 PageID #: 507