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Coventry Health Care of Nebraska, Inc. v. Nebraska Department of Administrative Services, 4:16CV3094 (2016)

Court: District Court, D. Nebraska Number: infdco20160907c53 Visitors: 6
Filed: Sep. 06, 2016
Latest Update: Sep. 06, 2016
Summary: ORDER ROBERT F. ROSSITER, Jr. , District Judge . This matter is before the Court on Plaintiff Coventry Health Care of Nebraska, Inc.'s Notice of Voluntary Dismissal Without Prejudice (Filing No. 79 in Case No. 4:16CV3094 and Filing No. 73 in Case No. 4:16CV3100) and Plaintiff AmeriHealth Nebraska, Inc.'s Notice of Dismissal (Filing No. 80 in Case No. 4:16CV3094 and Filing No. 74 in Case No. 4:16CV3100). Also pending before the Court are Motions to Dismiss for Failure to State a Claim filed
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ORDER

This matter is before the Court on Plaintiff Coventry Health Care of Nebraska, Inc.'s Notice of Voluntary Dismissal Without Prejudice (Filing No. 79 in Case No. 4:16CV3094 and Filing No. 73 in Case No. 4:16CV3100) and Plaintiff AmeriHealth Nebraska, Inc.'s Notice of Dismissal (Filing No. 80 in Case No. 4:16CV3094 and Filing No. 74 in Case No. 4:16CV3100). Also pending before the Court are Motions to Dismiss for Failure to State a Claim filed by the defendants (Filing No. 59 in Case No. 4:16CV3094 and Filing No. 51 in Case No. 4:16CV3100); Intervenor WellCare of Nebraska, Inc. (Filing No. 45 in Case No. 4:16CV3094 and Filing No. 37 in Case No. 4:16CV3100); Intervenor United Healthcare of the Midlands, Inc. (Filing No. 51 in Case No. 4:16CV3094 and Filing No. 42 in Case No. 4:16CV3100); and Intervenor Nebraska Total Care, Inc. (Filing No. 54 in Case No. 4:16CV3094 and Filing No. 45 in Case No. 4:16CV3100).

The plaintiffs each move for dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which permits a plaintiff to "dismiss an action without a court order . . . before the opposing party serves either an answer or a motion for summary judgment." Because the defendants and intervenors have not "filed an answer or a motion for summary judgment, the voluntary dismissal[s] must be given effect." Safeguard Bus. Sys., Inc. v. Hoeffel, 907 F.2d 861, 864 (8th Cir. 1990). As such,

IT IS ORDERED:

1. Coventry Health Care of Nebraska, Inc.'s Notice of Voluntary Dismissal Without Prejudice (Filing No. 79 in Case No. 4:16CV3094 and Filing No. 73 in Case No. 4:16CV3100) is approved. 2. AmeriHealth Nebraska, Inc.'s Notice of Dismissal (Filing No. 80 in Case No. 4:16CV3094 and Filing No. 74 in Case No. 4:16CV3100) is approved. 3. The above-captioned consolidated cases are voluntarily dismissed without prejudice. 4. The Motions to Dismiss for Failure to State a Claim filed by the defendants and intervenors (Filing Nos. 45, 51, 54, and 59 in Case No. 4:16CV3094 and Filing Nos. 37, 42, 45, and 51 in Case No. 4:16CV3100) are denied as moot.
Source:  Leagle

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