The Physicians Alliance Corporation v. WellCare of Louisiana, Inc. et al

MOTION for Leave to File File Reply in Support of Wellcare's Motion for Partial Summary Judgment Relating to Stop-Loss Insurance Claims

M.D. La.December 5, 2018

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA THE PHYSICIANS ALLIANCE CIVIL ACTION NO. 3:16-CV-0203 CORPORATION VERSUS JUDGE SHELLY D. DICK WELLCARE IIEALTH CARE INSURANCE OF ARIZONA, INC., AND MAGISTRATE JUDGE WELLCARE HEALTH PLANS, INC. RICHARD lIOURGEOIS„IR MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF WELLCARE'S MOTION FOR PARTIAL SUMMARY JUDGMENT RELATING TO STOP-LOSS INSURANCE CLAIMS (DOC. 119) NOW INTO COURT, through undersigned counsel, come Defendants, WellCare I lealth Insurance of Arizona, Inc. and WellCare I Iealth Plans, Inc. (collectively, "WellCare"), and, pursuant to Local Civil Rule 7 (g), respectfully request leave of Court to file their Reply in support of WellCare's Motion for Partial Summary Judgment Relating to Stop-Loss Insurance Claims (Doc. 119) (the "Motion"). In support of their request, WellCare asserts the following: 1 . The Reply, which is attached as Exhibit 1, is comprised of less than 5 pages of argument directed pointedly at issues and arguments raised by TPAC in its Opposition to WellCare's Motion. WellCare respectfully submits that the discussion contained in the Reply will assist the Court in reaching a decision on WellCare's Motion. Accordingly, WellCare requests that the Court grant it leave to file its Reply. 2. Although WellCare's Reply is limited to less than 5 pages of argument, a portion of the signature block and the Certificate of Service cause the Reply to total 6 pages. To the extent the Court would deem this as exceeding the 5 page limit set forth in Local Civil Rule 7 (g) for Reply briefs, WellCare respectfully requests leave of Court to exceed the 5 page limit and to file its Reply brief totaling 6 pages with the signature block and Certificate of Service. Case 3:16-cv-00203-SDD-RLB Document 195 12/05/18 Page 1 of 3 WHEREFORE, for the foregoing reasons, WellCare respectfully requests: 1) leave of Court to file its attached Reply in support of WellCare's Motion for Partial Summary Judgment Relating to Stop-Loss Insurance Claims (Doc. 119); and 2) to the extent the signature block and Certificate of Service cause the Reply to exceed the 5 page limit set forth in Local Civil Rule 7 (g), leave of Court to exceed the page limit and to file its Reply consisting of 6 pages total. Respectfully submitted, BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC By: /s/ Errol J. King ERROL .T. KING, JR. Bar Roll No. 17649 LAYNA COOK RUSI I, Bar Roll No. 26242 DANIEL P. GUILLORY, Bar Roll No. 31 180 ROBERT BLANKENSI IIP, Bar Roll No. 33016 450 Laurel Street, 12th Floor Baton Rouge, Louisiana 70801 Telephone: (225) 381-7000 Facsimile: (225) 382-0239 Emails: and eking(Oakerdonelson.com lrush44bakerdonelson.corn dguillory(iOakerdonelson.com rblankenship@bakerdonelson.com CRAIG L. CAESAR, Bar Roll No. 19235 201 St. Charles Avenue, Suite 3600 New Orleans, Louisiana 70170 Telephone: (504) 566-5200 Facsimile: (504) 636-4000 Email: ccaesar(d)bakerdonelson.com Attorneys for WellCare Itealth Insurance of Arizona, Inc. and WellCare Health Plans, Inc. Case 3:16-cv-00203-SDD-RLB Document 195 12/05/18 Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing pleading has this date been served on all counsel of record in this proceeding through the Court's ECF filing system. Baton Rouge, Louisiana, this 5° day of December, 2018. Errol Errol J. King Case 3:16-cv-00203-SDD-RLB Document 195 12/05/18 Page 3 of 3