Opinion
2019-1633 2019-2102
01-10-2020
COMMUNITY HEALTH CHOICE, INC., Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant MAINE COMMUNITY HEALTH OPTIONS, Plaintiff-Appellee v. UNITED STATES, Defendant-Appellant
NOTE: This order is nonprecedential. Appeal from the United States Court of Federal Claims in No. 1:18-cv-00005-MMS, Chief Judge Margaret M. Sweeney. Appeal from the United States Court of Federal Claims in No. 1:17-cv-02057-MMS, Chief Judge Margaret M. Sweeney.
SUA SPONTE
Before DYK, BRYSON, and TARANTO, Circuit Judges. PER CURIAM.
ORDER
These cases having been submitted after oral argument on January 9, 2020,
IT IS ORDERED THAT:
1. The parties shall file supplemental briefs addressing in more detail the question of whether, assuming liability under the appellees' statutory and/or implied-in-fact contract theories, a reduction in damages is available to the appellant if the appellees' loss was diminished as a result of increases in premiums and tax credits.
2. The appellant's supplemental brief must be filed within 30 days of this order. The appellees shall file a single supplemental brief within 60 days of this order. The appellant shall file a reply brief within 75 days of this order.
3. The appellant's supplemental brief may not exceed 30 pages double-spaced. The appellees' supplemental brief may not exceed 30 pages double-spaced. The appellant's reply brief may not exceed 15 pages double-spaced.
FOR THE COURT January 10, 2020
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court