Sumpter v. Crittenden Hospital Association et al
| Deloris Sumpter |
| Crittenden Hospital Association, Gene Cashman, David Raines, Brad McCormick, Cigna Health and Life Insurance Co and Cigna Corporation |
| 3:2014cv00229 |
| October 2, 2014 |
| US District Court for the Eastern District of Arkansas |
| Jonesboro Office |
| Crittenden |
| D. P. Marshall |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
207
ORDER: Final Status Report, 206 , much appreciated. The Court commends all involved for bringing this matter to a complete, careful, and final resolution. This case is done. Signed by Judge D. P. Marshall Jr. on 11/26/2018. (jak)
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Filing
202
ORDER: 201 Status Report noted and appreciated. Final report from class counsel due by 10/31/2018. Signed by Judge D. P. Marshall Jr. on 9/11/2018. (jak)
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Filing
200
ORDER: The Court notes class counsel's 199 status report. The results are impressive. The Court thanks CMM for its diligent work as claims administrator. The Court stands by its final Order and Judgment. The undisbursable settlement funds sho uld be distributed to all class members on a per capita basis, if practicable. By 4/30/2018, CMM must distribute the $9,203.94 in unclaimed funds to the class members on a per capita basis. Status report due by 8/31/2018. In the meantime, CMM must maintain the website and telephone number. This Order should be posted on the website. The Court ends where it began: well done, all around. Signed by Judge D. P. Marshall Jr. on 4/13/2018. (jak)
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Filing
193
JUDGMENT: The Court approves the proposed $1,150,000 class settlement as modified: Existing expenses, totaling $153,853.03, must be paid off of the top; The attorney's fees are set at $500,000, less any additional expenses; and a settlement fund of $496,146.97 is created. All class members are enjoined from engaging in legal action related to the facts of this case. All class members are bound by this Judgment. The amended complaint is dismissed with prejudice. The Court retains jurisdiction to oversee the settlement and resolve any issues that arise under it. The Court directs the Clerk to close the related case, 3:14-cv-226 DPM, pursuant to this Judgment. Signed by Judge D. P. Marshall Jr. on 10/31/2017. (jak)
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Filing
162
ORDER granting as modified 158 MOTION for preliminary approval of the proposed class settlement. The deal is within the range of reasonable ways to resolve this case fairly - depending on the amount of claims received and the exposure to future collection efforts. A fairness hearing will be held at 10:00 a.m. on 10/25/2017 in Courtroom 324 of the E.C. "Took" Gathings Federal Building in Jonesboro. The Court will address the fairness of the proposed settlement and the fee dispute in one hearing. Signed by Judge D. P. Marshall Jr. on 3/14/2017. (jak)
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Filing
142
ORDER: Mr. Edwards, or one of Goodman's several able lawyers, should depose Mr. Baytos on one of the dates most convenient to Mr. Baytos. If that deposition turns up a few more folks who need deposing, the parties should propose a joint solution on how to accomplish this as soon as practicable notwithstanding the discovery cutoff. Joint report, 141 addressed. Signed by Judge D. P. Marshall Jr. on 7/7/2016. (jak)
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Filing
114
ORDER: Agreed notice, 113 , appreciated and approved with the attached tweaks. Signed by Judge D. P. Marshall Jr. on 2/11/2016. (jak)
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Filing
111
ORDER for the reasons stated on the record at the 5 February 2016 status conference, the Court orders the following: An amended final scheduling order will issue. The Court also orders these deadlines: 10 February 2016 - the parties must submit agree d proposed class notice to the Court. 12 February 2016 - the Hospital must identify any withheld privileged materials and produce a privilege log. 12 February 2016 - Goodman must deliver search terms for Cashman, Tant, and McCormick email accounts to Hospital. 26 February 2016 - Hospital and Cigna must provide Goodman whatever information on the class members' contact information. 26 February 2016 - Hospital must tell Goodman whether old servers contain email boxes from any other named defe ndant and the amount of data and cost to recover it. 26 February 2016 - Goodman must resolve Methodist discovery issues or tee-up subpoena/motion for protective order for decision. 26 February 2016 - Goodman must tell the Court and other parties abou t status of her common law claims. 4 March 2016 - Deadline for defendants to propound discovery. 11 March 2016 - Hospital must produce emails from data available as of 5 February 2016. Goodman's WARN Act claim is dismissed without prejudice. Goodman's claims against Donna Lanier and Carol McCormack are also dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 2/9/2016. (jak)
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Filing
101
ORDER denying Cigna's motion to dismiss, 69 . Methodist's motion to dismiss, 61 , is granted. Goodman's constructive fraud claim under Arkansas law against Cigna is dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 11/12/2015. (jak)
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Filing
90
ORDER denying as moot 89 Motion to Compel based on counsel's attached letter, which the Court appreciates. Signed by Judge D. P. Marshall Jr. on 8/31/2015. (jak)
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Filing
68
ORDER: Clerk's 10 March 2015 report noted and appreciated. Because of all the parties' waivers, I will stay on the case. I look forward to continuing to work with all counsel. Signed by Judge D. P. Marshall Jr. on 3/13/2015. (jak)
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Filing
52
AGREED CONFIDENTIALITY ORDER. Signed by Judge D. P. Marshall Jr. on 1/23/2015. (jak)
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Filing
49
ORDER directing plaintiffs to file a consolidated amended complaint by 9 February 2015. The stay will dissolve on 10 February 2015. Defendants must answer or otherwise respond by 11 March 2015. The motion for class certification, or a stipulation, is due by 30 June 2015. Phase 1 discovery, focusing on class issues and the merits, will end on 18 September 2015. The Court will hold another status conference in August or September. Trial is set for 8 February 2016. A Final Scheduling Order will iss ue. An amended Order with all pretrial deadlines will issue after the Court sees where the case stands in September. The Court approves the proposed protective Orders with a few changes attached hereto. Signed by Judge D. P. Marshall Jr. on 1/21/2015. (jak)
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Filing
45
ORDER: Joint status report, 43 , noted and appreciated. The Court applauds the progress to date. Press on. The Court looks forward to learning about more good developments next week. Signed by Judge D. P. Marshall Jr. on 1/16/2015. (jak)
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Filing
41
ORDER: For the reasons stated on the record at the 12 December 2014 hearing, the Court makes the following rulings. Motions to consolidate and continue, 23 , granted as modified. Motion to dismiss, 28 , denied as moot. Motion to withdraw, 31 , gra nted. Motion to dismiss, 33 , denied as moot. Amended Complaint, 37 , construed as a motion for leave to amend is granted. The Court designates Sumpter, Case No. 3:14-cv-229 as the lead case because it was filed first, albeit in state court. The Court will hold another Rule 16(a) status conference at 1:00 p.m. on Wednesday, 21 January 2015 in Jonesboro. Joint status report due by 14 January 2015. Case stayed until 10 February 2015. Signed by Judge D. P. Marshall Jr. on 12/15/2014. (jak)
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Filing
36
ORDER clarifying 32 Order regarding the 12 December 2014 hearing. The Court will address all pending motions in both cases. The expedited schedule allows adequate time for responsive filings. While the Court often benefits from replies, the Rules of Civil Procedure do not mandate them; and all parties will be heard fully at the hearing in any event. The Court invites all counsel to the hearing, but only one lawyer for each party must attend. Signed by Judge D. P. Marshall Jr. on 12/4/2014. (jak)
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