Litigation
MINUTE ORDER setting briefing schedule. The government's opposition to Plaintiffs' [43] Motion to Enforce Judgment is due 11/25/2019. Plaintiffs' Reply is due 12/5/2019. Signed by Judge Rosemary M. Collyer on 11/12/2019.
MINUTE ORDER resetting the briefing schedule after consideration of the parties' response to the Court's February 27, 2019 Minute Order.
Following a December 17, 2018 status conference, the Court issued a minute order requiring defendants to "file [a] status report[] pertaining to their progress in publishing pricing data by not later than February 28, 2019 . . . ." Minute Order, Dec. 18, 2018. Consistent with their representations鈥
In a highly unusual filing, Defendants seek to defend the 2019 OPPS Rule with arguments that Defendants forthrightly acknowledge the Court has already rejected. See Gov鈥檛 Mem. in Supp. of Mot to Dismiss New Claim & Opp鈥檔 to Mot. for Perm. Inj. With Respect to 2019 OPPS Rule (鈥淕ov鈥檛 Mot.鈥), ECF鈥
The Court concluded that the defendants 鈥 the U.S. Department of Health and Human Services and its Secretary (referred to collectively throughout as 鈥渢he Agency鈥) 鈥 acted in an ultra vires fashion by reducing the payment rate for drugs purchased through the 340B Program in the 2018 Outpatient鈥