COMMUNITY PHARMACIES OF INDIANA, INC. v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION

No. 1:11-cv-00893-TWP-DKL.

823 F.Supp.2d 876 (2011)

COMMUNITY PHARMACIES OF INDIANA, INC., Williams Brothers Health Care Pharmacy, Inc., Indiana Pharmacists Alliance, Inc., Plaintiffs, v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, the Office of Medicaid Policy and Planning, Patricia Casanova, Michael A. Gargano, David Testerman, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

October 7, 2011.


Attorney(s) appearing for the Case

Debra Ann Mastrian , Krieg Devault LLP, Indianapolis, IN, Mark W. Bina , Randall R. Fearnov , Krieg Devault LLP, Chicago, IL, Scott Stuart Morrisson , Krieg Devault LLP, Carmel, IN, for Plaintiffs.

Harmony A. Mappes , Ryan Michael Hurley , Baker & Daniels, Kate E. Shelby , Wade Dunlap Fulibrd , Indiana Attorney General, Indianapolis, IN, for Defendants.


ENTRY ON EMERGENCY MOTION FOR STAY/INJUNCTION PENDING APPEAL

TANYA WALTON PRATT, District Judge.

This matter is before the Court on Plaintiffs' "Emergency Motion for Stay/Injunction Pending Appeal" following the Court's decision denying Plaintiffs' request for a preliminary injunction. Recently, Defendants (collectively, the "State") used an emergency rulemaking procedure to lower the "dispensing fee" reimbursed to pharmacies for filling Medicaid...

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