OKLAHOMA CHAPTER OF AM. ACADEMY OF PEDIATRICS v. FOGARTY

CLAIRE EAGAN, District Judge

Now before the Court is the Plaintiffs' Motion to Expedite Ruling (Dkt. # 271). Plaintiffs request that the Court expedite its ruling on their Amended Class Action Complaint as well as their Motion for Supplemental Relief and the Granting of a Preliminary Injunction (Dkt. # 241).

On March 22, 2005, the Court issued its Findings of Fact and Conclusions of Law as to all claims, including the "Xolair" claim. The Court held, among other things, that defendants' denial of Xolair coverage for the two class members was not a violation of federal law. However, the Court also directed the parties to meet and confer with United States Magistrate Judge Paul J. Cleary in an attempt to reach an agreed proposed injunctive order consistent with the Findings of Fact and Conclusions of Law. As part of that conference, the parties may wish to take up the Xolair issue with the magistrate judge in an effort to afford some relief for the two class members who are alleged to suffer without the drug.

In any event, Plaintiffs' Motion to Expedite Ruling (Dkt. # 271) is denied as moot.