
    BIO-MEDICAL APPLICATIONS OF NORTH CAROLINA, INC., Plaintiff v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Division of Facility Services, Defendant and North Carolina Department of Health and Human Services, Division of Facility Services, Medical Facilities Planning Section, Defendant and Total Renal Care of North Carolina, LLC and Health Systems Management, Inc., Defendant-Intervenor.
    No. 549A06.
    Supreme Court of North Carolina.
    November 16, 2006.
    K. Edward Greene, Lee M. Whitman, Raleigh, Sarah M. Johnson, Winston-Salem, for Bio-Medical Applications.
    Thomas R. West, Pamela A. Scott, William R. Shenton, Raleigh, for Total Renal Care.
    Amy Y. Bason, Angel E. Gray, Assistant Attorney Generals, for NCDHHS.
    S. Todd Hemphill, Diana E. Ricketts, Raleigh, for Health Systems Management.
    Prior report: ___ N.C.App. ___, 634 S.E.2d 572.
    ORDER
   Upon consideration of the petition filed by Plaintiff on the 18th day of October 2006 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 16th day of November 2006."

Upon consideration of the petition for discretionary review, filed by Plaintiff on the 18th day of October 2006 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

"Denied by order of the Court in conference, this the 16th day of November 2006."

Plaintiff shall forthwith submit an appeal bond to this Court, as provided by Appellate Rule 17(b). The bond may be in cash or by a written undertaking with good and sufficient surety in the sum of $250.00.

Accordingly, only those issues which are the basis of the dissenting opinion in the Court of Appeals shall be presented to this Court in briefs. The Plaintiff's new brief so limited in scope shall be filed with this Court not more that 30 days from the date of certification of this order.  