State of Louisiana v. OptumRX, Inc. and United Healthcare of Louisiana, Inc d/b/a United Healthcare Community Plan ( 2023 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2023 CW 0926
VERSUS
OPTUMRX, INC. AND UNITED
HEALTHCARE OF LOUISIANA,
INC. D/B/A UNITED HEALTHCARE NOVEMBER 6, 2023
COMMUNITY PLAN
In Re: OptumRx, Inc. and United Healthcare of Louisiana, Inc.
d/b/a United Healthcare Community Plan, applying for
supervisory writs, 19th Judicial District Court,
Parish of East Baton Rouge, No. 717848.
BEFORE: THERIOT, PENZATO, AND GREENE, JJ.
WRIT GRANTED WITH ORDER. The district court's August 22,
2 02 3 order which denied the motion for suspensive appeal filed
by defendants, OptumRx, Inc. and United Heathcare of Louisiana,
Inc., is reversed. On August 3, 2023, the district court
granted a motion for sanctions against defendants and ordered
that defendants shall pay the reasonable expenses, including
attorney fees, with the award to be made following further
evidentiary submissions relative to the time and expenses
incurred. La. Code Civ. P. art. 2088 (A) ( 10) provides that the
trial court retains jurisdiction for purposes of setting " costs,
expert witness fees, and attorney fees" after an appeal has been
taken from the initial judgment. This judgment constitutes a
partial final judgment subject to appeal under La. Code Civ. P.
art. 1915(A) ( 6). See Capital City Press, LLC v. Louisiana State
University System Board of Supervisors, 2013-1994 ( La. 8/28/13),
120 So. 3d 250. Accordingly, defendants' motion for suspensive
appeal is granted, and this matter is remanded to the district
court with instructions to fix the security for a suspensive
appeal pursuant to the provision of La. Code Civ. P. art.
2124(B).
MRT
AHP
HG
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK OF COURT
FOR THE COURT