Free Notice (Other) - District Court of Delaware - Delaware

Case 1:07-cv-00069-GMS

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Filed 07/31/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) ) ) ) )

LAKEWOOD HEALTH SYSTEM AND NORTHWEST MEDICAL CENTER, Plaintiffs, v. TRIWEST HEALTHCARE ALLIANCE CORP., Defendant.

Civil Action No. 07-69-GMS

NOTICE BY THE UNITED STATES OF ITS INTENT TO FILE A STATEMENT OF INTEREST In this litigation the parties dispute the Department of Defense's interpretation of its regulations concerning the TRICARE program, whether the United States is the real party in interest or a necessary and indispensable party, and whether the plaintiffs could have availed themselves of an administrative appeal process. Although the United States is not a party in this action, it does have an interest in addressing certain of the issues raised therein. Accordingly, any participation by the United States would be provided for by 28 U.S.C. § 517. Pursuant to 28 U.S.C. § 517, the Attorney General of the United States is authorized to send any officer of the Department of Justice to "attend to the interests of the United States in a suit pending in a court of the United States, or in the courts of a State, or to attend to any other interest of the United States." 28 U.S.C. § 517. The United States is aware that the defendant's motion to dismiss is fully briefed before the Court. The United States respectfully requests that the Court defer any resolution of defendant's motion until August 31, 2007. At or before that time, the United States will file a substantive memorandum pursuant to 28 U.S.C. § 517, setting

Case 1:07-cv-00069-GMS

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forth its interest with respect to this matter. The United States appreciates the Court's consideration of its request. Dated: July 31, 2007 Respectfully submitted, PETER D. KEISLER Assistant Attorney General VINCENT M. GARVEY Deputy Director, Federal Programs Branch COLM F. CONNOLLY United States Attorney

OF COUNSEL: GERALD A. WESLEY Associate General Counsel TRICARE MANAGEMENT ACTIVITY DEPARTMENT OF DEFENSE

By: /s/ Seth M. Beausang SETH M. BEAUSANG (I.D. No. 4071) Assistant United States Attorney The Nemours Building 1007 Orange Street, Suite 700 Wilmington, DE 19801 Tel: (302) 573-6277

/s/ Susan K. Ullman SUSAN K. ULLMAN (DC 426874) Senior Counsel U.S. DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, N.W. Washington, D.C. 20530 Tel: (202) 616-0680 - Fax: (202) 616-8470 Email: [email protected]

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Case 1:07-cv-00069-GMS

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CERTIFICATE OF SERVICE

I, Seth M. Beausang, hereby certify that on July 31, 2007, I electronically filed the foregoing NOTICE BY THE UNITED STATES OF ITS INTENT TO FILE A STATEMENT OF INTEREST with the Clerk of Court using CM/ECF which will send electronic notification of such filing to the following: Kathaleen S. McCormick Matt Neiderman, Esquire Patricia R. Rich, Esquire Duane Morris LLP 1100 North Market Street, Suite 1200 Wilmington, DE 19801 (302) 657-4901 (302) 657-4900 [email protected] [email protected] [email protected] Attorneys for Plaintiffs: Lakewood Health System & Northwest Medical Center Katherine J. Neikirk, Esquire Morris James LLP 500 Delaware Avenue, Suite 1500 P.O. Box 2306 Wilmington, DE 19899-2306 (302) 888-6800 [email protected] Attorney for Defendant: TriWest Healthcare Alliance Corp

By:/s/Seth M. Beausang Seth M. Beausang (De. I.D. No. 4071