Coventry Health Care of Nebraska, Inc. v. Nebraska Department of Administrative Services, 4:16CV3094 (2016)
Court: District Court, D. Nebraska
Number: infdco20160907c53
Visitors: 15
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
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 b..
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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 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