In Re Blue Cross Blue Shield Antitrust Litigation MDL 2406
Plaintiff: Plaintiffs' Counsel, Plaintiffs' Liaison Counsel, Judy Sheridan, Brett Watts and Constance Dummer
Defendant: Anthem, Inc., BCBSM, Inc.,, Blue Cross Blue Shield Association, Blue Cross Blue Shield of Florida, Inc., Blue Cross Blue Shield of Rhode Island, Blue Cross Blue Shield of Tennessee, Inc., Blue Cross Blue Shield of Vermont, Blue Cross and Blue Shield of Alabama, Blue Cross and Blue Shield of Massachusetts, Inc., Blue Cross and Blue Shield of North Carolina, Blue Cross and Blue Shield of South Carolina, Blue Cross of Northeastern Pennsylvania, Blue Shield of California, Cambia Health Solutions, Inc., CareFirst of Maryland, Inc., CareFirst, Inc., Consortium Health Plans, Inc., Defendants' Counsel, Group Hospitalization and Medical Services, Inc., Hawaii Medical Service Association, Health Care Service Corporation and Caring for Montanan's, Inc., Highmark, Inc., Horizon Blue Cross Blue Shield of New Jersey, Louisiana Health Service & Indemnity Company, National Account Service LLC, Premera Blue Cross, Wellmark, Inc., Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield, Blue Cross and Blue Shield of Nebraksa, Bluie Cross of Idaho Health Service, Inc., Highmark Inc., Triple-S Salud, Inc., Blue Cross Blue Shield of Arizona, Highmark West Virginia Inc., Blue Cross and Blue Shield of North Dakota, Blue Cross Blue Shield Michigan, HealthNow New York, Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York, Optuminsight, Inc., Blue Cross and Blue Shield of Wyoming, Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Cahaba Medical Care, Health Care Service Corporation, Highmark BCBSD Inc., Hospital Service Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern Pennsylvania, USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield, California Physicians Service d/b/a Blue Shield of California and Blue Cross of Idaho Health Service Incorporated
Respondent: Baycare Health System, Inc.
Special Master: Special Master
In Re: Blue Cross Blue Shield Antitrust Litigation MDL 2406
Amicus Curiae: U.S. Department of Labor
Case Number: 2:2013cv20000
Filed: January 8, 2013
Court: US District Court for the Northern District of Alabama
Presiding Judge: R David Proctor
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2022 Opinion or Order Filing 2937 ORDER This case is SET for a Status Conference at 9:00 a.m. on Monday, October 3, 2022 in Courtroom 8 of the Hugo L Black US Courthouse, Birmingham, AL before Judge R David Proctor. The court anticipates that it will conduct caucuses following the status conference. The court, via the Special Master, will provide remote access instructions for those unable to attend in person. On or before Wednesday, September 28,2022, the parties SHALL submit a joint report containing a proposed agenda of items the parties which to be addressed during the status conference. Signed by Judge R David Proctor on 8/17/2022. (KAM)
August 16, 2022 Opinion or Order Filing 2936 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by certain attorneys from Crowell & Moring LLP from representing Highmark Western and Northeastern New York Inc., formerly known and sued as HealthNow New York Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York. #2935 The Motion #2935 is GRANTED. The Clerk of the Court is DIRECTED to TERMINATE attorneys Kathleen Taylor Sooy, Tracy A. Roman, April N. Ross, Michael W. Lieberman, Sarah M. Gilbert, and Honor R. Costello from representing these Defendants. The Clerk of Court is FURTHER DIRECTED to TERMINATE the listed lawyers from representing these Defendants in the underlying actions listed in the Motion. Signed by Judge R David Proctor on 8/16/2022. (KAM)
August 15, 2022 Filing 2935 MOTION to Withdraw as Attorney by HealthNow New York, Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York. (Sooy, Kathleen)
August 9, 2022 Opinion or Order Filing 2934 MEMORANDUM OPINION AND ORDER ON PROVIDER PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE STANDARD OF REVIEW FOR THEIR GROUP BOYCOTT CLAIMS - This matter is before the court on Provider Plaintiffs Motion for Partial Summary Judgment Regarding the Standard of Review for their Group Boycott Claims #2729 ; the court determines that Providers alleged Boycott Conspiracy is not a naked restraint of trade with no purpose except stifling competition. Levine, 72 F.3d at 1550. Therefore, the court reaffirms its conclusion that it must apply the rule of reason analysis to Providers Boycott Conspiracy claim. See In re Blue Cross Blue Shield Antitrust Litig., 308 F. Supp. 3d at 1277. Signed by Judge R David Proctor on 8/9/2022. (KAM)
August 9, 2022 Opinion or Order Filing 2933 MEMORANDUM OPINION AND ORDER ON DEFENDANTS MOTION REGARDING THE ANTITRUST STANDARD OF REVIEW APPLICABLE TO PROVIDER PLAINTIFFS SECTION 1 CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 - for all the reasons set forth in this order, Defendants' Motion Regarding the Anitrust Standard of Review Applicable to Provider Plaintiffs' Section 1 Claims #2722 is GRANTED IN PART AND DENIED IN PART; The Motion is GRANTED to the extent that the court concludes that ESAs, viewed alone (i.e., divorced from NBE), should not immediately be assumed to be anticompetitive, 1-800 Contacts, 1 F.4th at 116, and thus are not naked restraint[s] of trade with no purpose except stifling competition. Levine v. Cent. Fla. Med. Affiliates, Inc., 72 F.3d 1538, 1550 (11th Cir. 1996). Therefore, for the period of time following the elimination of the NBE rule (after April 2021), the court concludes that it must apply the rule of reason analysis to Providers Market Allocation Conspiracy claims.In all other respects, the Motion is DENIED. Signed by Judge R David Proctor on 8/9/2022. (KAM)
August 9, 2022 Opinion or Order Filing 2932 ORDER AWARDING SUBSCRIBER PLAINTIFFS COUNSEL ATTORNEYS FEES AND EXPENSES #2733 Motion for Attorney Fees is GRANTED; Subscriber Counsel are hereby AWARDED attorneys fees in the amount of $626,583,372.10, representing 23.47% of the Settlement Fund. The court FINDS this amount to be fair and reasonable. Subscriber Counsel are FURTHER AWARDED $40,916,627.90 in payment of litigation costs and expenses to be paid from the Settlement Fund, which sum the court finds to be fair, adequately documented, reasonable, and necessary to the representation of the Settlement Class; Any appeal or any challenge affecting this courts approval regarding any attorneys fees and expense application SHALL in no way disturb or affect the finality of the Judgment. Signed by Judge R David Proctor on 8/9/2022. (KAM)
August 9, 2022 Opinion or Order Filing 2931 FINAL ORDER AND JUDGMENT GRANTING APPROVAL OF SUBSCRIBER CLASS ACTION SETTLEMENT AND APPOINTING SETTLEMENT ADMINISTRATOR - for the reasons set out in this order; Subscriber Plaintiffs' Motion for Final Approval of Class Settlement and Appointment of Settlement Administrator #2812 is GRANTED; Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the court APPOINTS Hausfeld, LLP and Boies Schiller Flexner, LLP as Settlement Class Counsel for the Settlement Classes and Burns Charest, LLP as Self-Funded Sub-Class Settlement Counsel for the Self-Funded Sub-Class; the court hereby GRANTS final approval of the Settlement Agreement in all respects (including, without limitation: the Settlement Fund amount; the releases; the Injunctive Relief; and the dismissal with prejudice of the claims asserted against Settling Defendants in the Action), and finds that the Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes; Except as to any claim of those Rule 23(b)(3) Opt-Outs identified in Document # 2928 who have validly and timely requested exclusion from the Damages Class and the divisible Second Blue Bid relief, the Action and all claims contained therein, as well as all of the Released Claims against any of the Releasees by Releasors, are each hereby DISMISSED WITH PREJUDICE. This Final Order and Judgment SHALL NOT affect, in any way, the right of Releasors to pursue claims, if any, outside the scope of the Released Claims; The court RESERVES the issue of the makeup of the Monitoring Committee established in the Settlement. The court will appoint the members of the Monitoring Committee by separate order; The Subscriber Actions are hereby DISMISSED WITH PREJUDICE and, except as provided for in the Settlement Agreement and any order of this court granting fee, expense, or service awards as contemplated under the Settlement Agreement, without costs. The Honorable Irma E. Gonzalez (Ret.) is APPOINTED as the Settlement Administrator, with responsibility limited to assisting in the implementation of the Plan of Distribution and the resolution of any disputes between Settlement Class Members and the Claims Administrator pursuant to the Plan of Distribution, as set forth in the Settlement Agreement. Signed by Judge R David Proctor on 8/9/2022. (KAM)
July 25, 2022 Opinion or Order Filing 2930 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from June 1, 2022 through June 30, 2022 in this matter relating solely to services provided to the Plaintiffs, and totaling $19,000.00. Signed by Judge R David Proctor on 7/25/2022. (KAM)
July 15, 2022 Filing 2929 NOTICE of Appearance by Michael Gulisano on behalf of John Hoover (Gulisano, Michael)
June 24, 2022 Filing 2928 AFFIDAVIT in Support re #2610 MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement Declaration of Jennifer M. Keough Regarding Exclusion Requests filed by Plaintiffs' Counsel. (Hausfeld, Michael)
June 23, 2022 Opinion or Order Filing 2927 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2022 through May 31, 2022 in this matter relating solely to services provided to the Plaintiffs, and totaling $20,000.00. Signed by Judge R David Proctor on 6/23/2022. (KAM)
June 16, 2022 Filing 2926 NOTICE by Defendants' Counsel ("Defendants' Submission on Issues to be Resolved Prior to Remand"). (Chesler, Evan)
June 16, 2022 Filing 2925 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Submission on Remand (Attachments: #1 Exhibit A - June 7 Email)(Whatley, Joe)
June 6, 2022 Filing 2924 REPLY to re #2923 Provider Plaintiffs' Reply to Defendants' Response to Providers' Notice of Supplemental Authority Regarding the Parties' Motions for Partial Summary Judgment on the Standard of Review filed by Plaintiffs' Counsel. (Whatley, Joe)
May 31, 2022 Filing 2923 RESPONSE to re #2918 ("Defendants' Response to Provider Plaintiffs' Notice of Supplemental Authority Regarding the Parties' Motions for Partial Summary Judgment on the Standard of Review") filed by Defendants' Counsel. (Chesler, Evan)
May 24, 2022 Opinion or Order Filing 2922 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from April 1, 2022 through April 30, 2022 in this matter relating solely to services provided to the Plaintiffs, and totaling $20,000.00. Signed by Judge R David Proctor on 5/24/2022. (KAM)
May 23, 2022 Filing 2921 Transcript of Proceedings held on May 16, 2022, before Judge R. David Proctor. Court Reporter/Transcriber Pamela Weyant. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/13/2022. Redacted Transcript Deadline set for 6/23/2022. Release of Transcript Restriction set for 8/21/2022. (KAM)
May 16, 2022 Opinion or Order Filing 2920 TEXT ORDER - This matter is before the court on Subscriber Settlement Class Counsels Unopposed Motion to Amend the Subscriber Track Notice Website. #2919 The Motion seeks to update Frequently Asked Question No. 25 to address the timing of a request for a Second Blue Bid. The Motion #2919 is GRANTED. Settlement Class Counsel SHALL cause the settlement website to be updated to reflect the proposed amended FAQ 25. Signed by Judge R David Proctor on 5/16/2022. (KAM)
May 16, 2022 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 5/16/2022. (Court Reporter Pamela Weyant.) (KLL)
May 13, 2022 Filing 2919 Unopposed MOTION to Amend/Correct the Subscriber Track Notice Website by Plaintiffs' Counsel. (Hausfeld, Michael)
May 13, 2022 Filing 2918 NOTICE by Plaintiffs' Counsel re #2729 SEALED MOTION, #2727 MOTION for Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure 56") of Supplemental Authority Regarding the Parties' Motions for Partial Summary Judgment on the Standard of Review (Provider Plaintiffs) (Whatley, Joe)
May 11, 2022 Opinion or Order Filing 2917 TEXT ORDER This matter is before the court on the Withdrawal of Appearance filed by attorney Alicia L. Shelton. #2915 The Withdrawal #2915 is construed as a motion, and is GRANTED. The Clerk of the Court is directed to terminate attorney Shelton. Signed by Judge R David Proctor on 5/11/2022. (KAM)
May 11, 2022 Filing 2916 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on May 16, 2022, at 9:30 a.m. (Central) by Special Master. filed by Special Master (Gentle, Edgar)
May 11, 2022 Filing 2915 MOTION to Withdraw as Attorney - ALICIA L. SHELTON by Plaintiffs' Counsel. (Smith, Cyril)
May 10, 2022 Filing 2914 NOTICE Certifying Compliance with the Court's February 4, 2022 Order Regarding Supplemental Notice by Plaintiffs' Counsel. (Attachments: #1 Declaration of Jennifer M. Keough regarding Supplemental Notice Plan and Settlement Administration)(Hausfeld, Michael) Modified on 5/12/2022- correcting docket (KAM).
April 25, 2022 Opinion or Order Filing 2913 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 4/25/2022. (KEK)
April 21, 2022 Filing 2912 NOTICE of Appearance by Jessica Machelle Haynes on behalf of Plaintiffs' Counsel (Haynes, Jessica)
April 21, 2022 Filing 2911 NOTICE of Appearance by Rebecca Diane Gilliland on behalf of Plaintiffs' Counsel (Gilliland, Rebecca)
April 18, 2022 Opinion or Order Filing 2910 TEXT ORDER - This matter is before the court on the Notice of Withdrawal filed by attorney Kimberly Francis. #2902 In light of the Notice #2902 the Clerk of the Court is DIRECTED to TERMINATE attorney Francis. Signed by Judge R David Proctor on 4/18/2022. (KAM)
April 15, 2022 Filing 2909 NOTICE by Plaintiffs' Counsel Notice of Withdrawal of Attorney for Subscriber Plaintiffs (Francis, Kimberly)
March 23, 2022 Opinion or Order Filing 2908 ORDER This case is SET for a status conference at 9:30 a.m. on Monday, May 16, 2022 before Judge R David Proctor. The Special Master will provide Zoom and/or telephone access information for those unable to attend in person.On or before Wednesday, May 11, 2022, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 3/23/2022. (KAM)
March 22, 2022 Opinion or Order Filing 2907 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from February 1, 2022 through February 28, 2022 in this matter relating solely to services provided to the Plaintiffs, and totaling $53,000.00. Signed by Judge R David Proctor on 3/22/2022. (KAM)
March 11, 2022 Opinion or Order Filing 2906 TEXT ORDER - This matter is before the court on the Notice of Withdrawal filed by attorney Edmund Saw. #2905 Defendant Blue Cross Blue Shield of Michigan will continue to be represented by other attorneys at the law firm of Shearman & Sterling LLP. Therefore, the Notice/Motion #2905 is GRANTED. The Clerk of Court is directed to terminate attorney Saw from representing Blue Cross Blue Shield of Michigan in the MDL and in any underlying member cases. Signed by Judge R David Proctor on 3/11/2022. (KEK)
March 11, 2022 Filing 2905 NOTICE by Blue Cross Blue Shield Michigan /Notice of withdrawal of attorney Edmund Saw for defendant Blue Cross Blue Shield of Michigan (Stenerson, Todd)
March 1, 2022 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 3/1/2022. (Court Reporter Risa Entrekin. TRANSCRIPT WILL BE FOR COURT USE ONLY; NOT PUBLIC DISCLOSURE) (KLL)
February 23, 2022 Opinion or Order Filing 2904 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2022 through January 31, 2022 in this matter relating solely to services provided to the Plaintiffs, and totaling $45,000.00. Signed by Judge R David Proctor on 2/23/2022. (KAM)
February 16, 2022 Opinion or Order Filing 2903 ORDER OF DISMISSAL in accordance with the accompanying Memorandum Opinion, #2753 Certain Defendants' Motion for Partial Summary Judgment is GRANTED; Final judgment SHALL be entered in favor of Defendants on the claims asserted by Plaintiffs Charles H. Clark III, M.D., Robert W. Nesbitt, M.D., Luis R. Pernia, M.D., Corey Musselman, M.D., Julie McCormick, M.D., L.L.C., Harbir Makin, M.D., Hillside Family Medicine, LLC, Ear, Nose & Throat Consultants and Hearing Services, P.L.C., and Kathleen Cain, M.D. These named Plaintiffs claims are DISMISSED WITH PREJUDICE.. Signed by Judge R David Proctor on 2/16/2022. (KAM)
February 16, 2022 Filing 2902 MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/16/2022. (KAM)
February 16, 2022 Opinion or Order Filing 2901 MEMORANDUM OPINION AND ORDER - #2730 Provider Plaintiffs Motion for Partial Summary Judgment Regarding the Standard of Review in Light of Amex is GRANTED; The Amex case does not affect the standard of review in this case. Signed by Judge R David Proctor on 2/16/2022. (KAM)
February 15, 2022 Opinion or Order Filing 2900 ORDER REGARDING PROVIDER ECONOMICS DAY II - The Provider Track of this case is SET for a status conference at 9:00 a.m. on Tuesday, March 1, 2022 in New York, New York at the offices of Cravath, Swaine & Moore LLP, 825 8th Avenue, New York, NY 10019; The Blues shall provide the court with their pre-Provider Economics Day submission on or before February 23, 2022. Similarly, Provider Plaintiffs shall provide the court with their pre-Provider Economics Day submissions on or before February 23, 2022. Signed by Judge R David Proctor on 2/15/2022. (KAM)
February 11, 2022 Opinion or Order Filing 2899 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by John M. Johnson and Brian P. Kappel of Lightfoot Franklin & White, LLC. #2898 The Motion #2898 is GRANTED. The Clerk of Court is directed to terminate attorneys John M. Johnson and Brian P. Kappel as counsel for BCBS-AZ in this MDL, as well as in the underlying cases in which they have appeared, which are listed in the Motion. #2898 Attorneys from Cravath, Swaine & Moore LLP will continue to represent BCBS-AZ. Signed by Judge R David Proctor on 2/11/2022. (KAM)
February 11, 2022 Filing 2898 MOTION to Withdraw by Blue Cross Blue Shield of Arizona. (Kappel, Brian)
February 4, 2022 Opinion or Order Filing 2897 MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR SUPPLEMENTAL NOTICE TO SELF-FUNDED ACCOUNTS - Subscriber Plaintiffs Motion for Supplemental Notice to Self-Funded Accounts (Doc. # 2885) is GRANTED as set out within this order; the court WILL NOT resolve Subscriber Plaintiffs' motion for final approval until after supplemental notice is complete, and the renewed opt-out period for Self-Funded Entity Accounts is closed. The court RESERVES the question of whether subsequent briefing or reports are necessary after supplemental notice occurs; The previously submitted objections relating to the inability to opt out of the Second Blue Bid injunctive relief are OVERRULED. Signed by Judge R David Proctor on 2/4/2022. (KAM)
January 27, 2022 Filing 2896 STIPULATION Joint Stipulation Regarding the Proposed Supplemental Notice to Self-Funded Accounts by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hausfeld, Michael)
January 25, 2022 Filing 2895 RESPONSE to re #2888 Defendants' Response to Objector Home Depot's Submission Regarding Subscribers' Motion for Supplemental Notice to Self-Funded Accounts filed by Defendants' Counsel. (Laytin, Daniel)
January 25, 2022 Filing 2894 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2885 MOTION for Supplemental Notice to Self-Funded Accounts filed by Plaintiffs' Counsel. (Hausfeld, Michael)
January 24, 2022 Opinion or Order Filing 2893 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from December 1, 2021 through December 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $64,000.00. Signed by Judge R David Proctor on 1/24/2022. (KAM)
January 24, 2022 Opinion or Order Filing 2892 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by Crowell & Moring LLP counsel. #2891 The Motion #2891 is GRANTED. The Clerk of Court is directed to terminate attorneys Kathleen Taylor Sooy, Tracy A. Roman, April N. Ross, Sarah M. Gilbert, Honor R. Costello, and Michael W. Lieberman as counsel for BCBS-AZ in this MDL, as well as in the underlying cases in which they have appeared, which are listed in the Motion. #2891 Attorneys from Cravath, Swaine & Moore LLP will continue to represent BCBS-AZ. Signed by Judge R David Proctor on 1/24/2022. (KAM)
January 21, 2022 Filing 2891 MOTION to Withdraw as Attorney by Blue Cross Blue Shield of Arizona. (Sooy, Kathleen)
January 18, 2022 Filing 2890 Opposition to re #2885 filed by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Richie, John)
January 18, 2022 Filing 2889 RESPONSE in Opposition re #2885 MOTION for Supplemental Notice to Self-Funded Accounts Objection to Motion for Supplemental Notice to Self-Funded Accounts filed by General Motors. (Wancjer, Hershel)
January 18, 2022 Filing 2888 RESPONSE to Motion re #2885 MOTION for Supplemental Notice to Self-Funded Accounts filed by Home Depot U.S.A., Inc.,. (Lowrey, Frank)
January 13, 2022 Filing 2887 RESPONSE in Opposition re #2885 MOTION for Supplemental Notice to Self-Funded Accounts Alaska Air Movants' Objection to Motion for Supplemental Notice to Self-Funded Accounts filed by National Account Objectors. (Attachments: #1 Exhibit A)(Presley, Benjamin)
January 11, 2022 Opinion or Order Filing 2886 TEXT ORDER - This matter is before the court on the Motion from Subscriber Plaintiffs and Settling Defendants for Supplemental Notice to Self-Funded Accounts. #2885 . On or before January 18, 2022, any opposition to the Motion SHALL be filed. Any reply SHALL be filed on or before January 25, 2022. Signed by Judge R David Proctor on 1/11/2022. (KAM)
January 10, 2022 Filing 2885 MOTION for Supplemental Notice to Self-Funded Accounts by Plaintiffs' Counsel. (Attachments: #1 Declaration of Jennifer M. Keough, #2 [Proposed] Order)(Hausfeld, Michael)
January 5, 2022 Opinion or Order Filing 2884 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney James L. Priester. #2883 The Motion #2883 is GRANTED. The Clerk of Court is DIRECTED to TERMINATE attorney Priester as counsel for BCBS-AL in this MDL, as well as in the underlying cases in which he has appeared which are listed in the Motion. #2883 Other attorneys from Maynard, Cooper & Gale, P.C. will continue to represent BCBS-AL.. Signed by Judge R David Proctor on 1/5/2022. (KAM)
December 28, 2021 Filing 2883 MOTION to Withdraw as Attorney by Blue Cross and Blue Shield of Alabama. (Priester, James)
December 23, 2021 Opinion or Order Filing 2882 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 12/23/2021. (KEK)
December 17, 2021 Filing 2881 REPLY Brief filed by Defendant Defendants' Counsel re: #2869 Response in Support of Motion Defendants' Post-Hearing Reply Brief in Support of Final Approval filed by Defendants' Counsel. (Laytin, Daniel)
December 17, 2021 Filing 2880 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2868 Response in Support of Motion, #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs' Counsel. (Hausfeld, Michael)
December 9, 2021 Opinion or Order Filing 2879 AMENDED STIPULATION AND ORDER REGARDING PROTECTED HEALTH INFORMATION AND PERSONALLY IDENTIFIABLE INFORMATION FOR SUBSCRIBER SETTLEMENT. Signed by Judge R David Proctor on 12/9/2021. (KAM)
December 8, 2021 Filing 2878 RESPONSE to re #2868 , #2869 Provider Plaintiffs' Response to Subscriber Plaintiffs' and Defendants' Post-Hearing Briefs In Support of Final Approval filed by Plaintiffs' Counsel. (Whatley, Joe)
December 8, 2021 Filing 2877 Brief by Self-Funded Subclass Objectors Post-Fairness Hearing [2812-19]. (Attachments: #1 Exhibit A, #2 Exhibit B)(Richie, John)
December 8, 2021 Filing 2876 Brief Alaska Air Movants' Post Fairness Hearing Brief. (Attachments: #1 Exhibit A, #2 Exhibit B)(Slater, Paul)
December 8, 2021 Filing 2875 RESPONSE to Post Hearing and Renewal of Objections filed by Home Depot U.S.A., Inc.,. (Lowrey, Frank)
December 8, 2021 Filing 2874 RESPONSE to Settlement Proponents Post-Hearing Arguments filed by General Motors. (Wancjer, Hershel)
December 2, 2021 Filing 2873 RESPONSE to Settlement Proponent's Post-Hearing Arguments by Shiyant Huang (pro se') (received 11/22/2021). (KAM)
November 24, 2021 Opinion or Order Filing 2872 TEXT ORDER The court understands that the Provider/Blues mediator has discussed with those parties the courts idea of conducting an economics day designed to further educate the court and the mediators regarding the provider-side market. The court contemplates that attorneys and client representatives rather than experts will be primarily involved. To that end, the Providers and the Blues SHALL meet and confer regarding dates in January or February that would be convenient for that. On or before December 3, 2021, the Providers and Blues SHALL report to the court regarding their availability. Signed by Judge R David Proctor on 11/24/2021. (KAM)
November 22, 2021 Opinion or Order Filing 2871 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2021 through October 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $44,000.00. Signed by Judge R David Proctor on 11/22/2021. (KAM)
November 22, 2021 Opinion or Order Filing 2870 TEXT ORDER This matter is before the court on an informal request for an extension of the deadlines for post-hearing briefing regarding the proposed Settlement and the objections received by the court. The request is unopposed, and is GRANTED. It is ORDERED as follows: (1) the deadline for any Objectors or other interested persons to respond to the Settlement Proponents' written submissions is December 8, 2021; and (2) the deadline for any reply to the Objectors submissions from the Settlement Proponents or other interested parties is December 17, 2021. Signed by Judge R David Proctor on 11/22/2021. (KAM)
November 12, 2021 Filing 2869 RESPONSE in Support re #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Defendants' Counsel. (Laytin, Daniel)
November 12, 2021 Filing 2868 RESPONSE in Support re #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Hausfeld, Michael)
November 9, 2021 Opinion or Order Filing 2867 TEXT ORDER - At the end of the second full day of the Fairness Hearing, the court announced deadlines for post-hearing briefing regarding the proposed Settlement and the objections received by the court. Interested parties are REMINDED of the following deadlines: (1) the deadline for the Settlement Proponents to file any further written submissions in favor of the Settlement is November 12, 2021; (2) the deadline for any Objectors or other interested persons to respond to the Settlement Proponents' written submissions is December 1, 2021; (3) the deadline for any reply to the Objectors submissions from the Settlement Proponents or other interested parties is December 10, 2021. Signed by Judge R David Proctor on 11/9/2021. (KAM)
November 5, 2021 Filing 2866 Transcript (Volume III) of Proceedings Motion Hearing for Final Approval of Class Settlement of Subscriber Plaintiffs; Claims held on October 27, 20212, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (KAM)
November 5, 2021 Filing 2865 Transcript (Volume II) of Proceedings Motion Hearing for Final Approval of Class Settlement held on October 21, 2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (KAM)
November 3, 2021 Filing 2864 Transcript (Volume I) of Motion Hearing for Final Approval of Class Settlement of Subscriber Claims held on October 20, 2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/24/2021. Redacted Transcript Deadline set for 12/4/2021. Release of Transcript Restriction set for 2/1/2022. (KAM)
October 27, 2021 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 10/27/2021 re #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs' Counsel. (Court Reporter Risa Entrekin.) (KLL)
October 26, 2021 Opinion or Order Filing 2863 ORDER - this matter is before the court on the U.S. Secretary of Labor's Motion for Leave to File Statement of Interest and to Participate in Fairness Hearing #2856 ; the motion is GRANTED IN PART; The court has already scheduled time to hear argument from the Secretary with regard to the proposed Settlement. #2859 . The Court accepts the Secretarys Statement of Interest as part of the Fairness Hearing record. Signed by Judge R David Proctor on 10/26/2021. (KAM)
October 26, 2021 Opinion or Order Filing 2862 ORDER - before the court is the Self-Funded Subclass Objectors' request that the court require Dr. Joseph Mason to be deposed; the request was made during the Fairness Hearing held on October 20-21, 2021; The court is satisfied that it has the proper record information before it to determine if the Fully-Insured/ASO allocation was fair, adequate, and reasonable; the Self-Funded Subclass Objectors' request to depose Dr. Mason is DENIED. Signed by Judge R David Proctor on 10/26/2021. (KAM)
October 26, 2021 Opinion or Order Filing 2861 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2021 through September 30, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $41,000.00. Signed by Judge R David Proctor on 10/26/2021. (KAM)
October 26, 2021 Opinion or Order Filing 2860 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2021 through September 30, 2021 in this matter as it relates to services rendered for both sides of the case, and totaling $15,000.00. Signed by Judge R David Proctor on 10/26/2021. (KAM)
October 25, 2021 Opinion or Order Filing 2859 ORDER REGARDING CONTINUATION OF FINAL APPROVAL HEARING As discussed at the close of the Final Approval Hearing on Thursday, October 21, 2021, the court will hear argument from the parties and the United States Secretary of Labor concerning issues the Secretary contends are raised by the proposed settlement under the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et seq. A continuation of the Final Approval Hearing is hereby scheduled to take place on Wednesday, October 27, 2021, at 10:00 a.m. Central Time. This hearing will take place REMOTELY, via Zoom video conference, and with telephone audio access provided for the public.Those wishing to attend by Zoom SHALL make a request to the Special Master by 12:00 noon on Tuesday, October 26, 2021. Other interested parties, counsel, and the public may attend the hearing by listening to the hearing free of charge via telephone by dialing (844) 291-5489, access code 1007496.Judicial Conference policy provides that ANY RECORDING OF THE HEARING BY ANYONE OTHER THAN THE COURT IS STRICTLY PROHIBITED. Signed by Judge R David Proctor on 10/25/2021. (KAM)
October 21, 2021 Filing 2858 NOTICE by Defendants' Counsel ("Notice of Filing Joint Comprehensive Index Regarding Exhibits to the Motions for Summary Judgment") (Attachments: #1 Joint Index of Summary Judgment Briefing Exhibits)(Chesler, Evan)
October 21, 2021 Minute Entry for proceedings concluded before Judge R David Proctor: Evidentiary Hearing held on 10/21/2021. Testimony presented by Subscribers/Plaintiffs; Testimony presented by Defendants/Objectors. Post-hearing briefings schedule as indicated on the record. Court adjourned. (Court Reporter Risa Entrekin.) (KLL)
October 20, 2021 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing begun on 10/20/2021 re #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs' Counsel. Fairness Evidentiary Hearing CONTINUING ON 10/21/2021 at 9:00 AM (CST) in the Special Proceedings courtroom located on the 8th floor of the Hugo L Black US Courthouse, in Birmingham, AL before Judge R David Proctor. However, given the current state of the COVID-19 pandemic, the hearing will take place IN PERSON and REMOTELY, via Zoom video conference, and with telephone audio access provided for the public (see the court's previous order for dial in number #2835 ). ANY RECORDING OF THE HEARING BY ANYONE OTHER THAN THE COURT IS STRICTLY PROHIBITED. (Court Reporter Risa Entrekin.) (KLL)
October 19, 2021 Filing 2857 NOTICE of Appearance by Wayne R Berry on behalf of U.S. Department of Labor (Berry, Wayne)
October 19, 2021 Filing 2856 MOTION for Leave to File Statement of Interest as Amicus Curiae by U.S. Department of Labor. (Attachments: #1 Statement of Interest by Amicus Curiae Secretary of Labor)(Cheverud, Eirik)
October 19, 2021 Opinion or Order Filing 2855 TEXT ORDER The court previously required counsel for the two classes in this case to publicly disclose any retention agreements they have with class representatives. Recent amendments to Rule 23(e)(5) direct the court to evaluate the motives or potential motives of objectors. Although the court has no reason to believe that any particular attorney for an objector has any improper motive, the best practice is to require appropriate disclosures of retention agreements between outside counsel for objectors and their clients. See Advisory Committee Notes to 2018 Amendments to Fed. R. Civ. P. 23(e)(5). However, the Objectors counsels retention agreements should not be made publicly available. Instead, those agreements should be made available to proponents of the settlement. For these reasons, outside counsel for Objectors SHALL disclose to the Special Master any retention agreement related to this action that exists between counsel and counsels clients. The Special Master SHALL in turn provide those retention agreements to Subscriber class counsel, ASO class counsel, and Blue Cross Blue Shield counsel. Signed by Judge R David Proctor on 10/19/2021. (KAM)
October 19, 2021 Filing 2854 NOTICE of Appearance by Jeffrey M Hahn on behalf of U.S. Department of Labor (Hahn, Jeffrey)
October 19, 2021 Filing 2853 NOTICE of Appearance by Theresa (Tess) S Gee on behalf of Defendants' Counsel (Gee, Theresa (Tess))
October 19, 2021 Filing 2852 NOTICE of Appearance by Anthony F Shelley on behalf of Defendants' Counsel (Shelley, Anthony)
October 18, 2021 Filing 2851 STATUS REPORT Joint as to Allocation Expert Testimony and Document Disclosure as Ordered by Court on Oct 8 by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. filed by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc. (Richie, John)
October 18, 2021 Filing 2850 NOTICE of Appearance by Eirik Cheverud on behalf of U.S. Department of Labor (Cheverud, Eirik)
October 18, 2021 Filing 2849 NOTICE by Plaintiffs' Counsel of the Parties' Joint Proposed Agenda for Final Approval Hearing (Guin, David)
October 15, 2021 Filing 2848 NOTICE by Plaintiffs' Counsel of Filing of Self-Funded Subclass's Engagement Letter (Attachments: #1 Exhibit Retainer Agreement)(Gregory, Steven)
October 15, 2021 Filing 2847 NOTICE by Plaintiffs' Counsel of Self-Funded Subclass Plaintiffs' Filing of Engagement Documents (Attachments: #1 Exhibit Fee Agreement, #2 Exhibit Engagement letter)(Gregory, Steven)
October 15, 2021 Filing 2846 NOTICE by Plaintiffs' Counsel re #2841 Order on Motion for Disclosure,,,,,,, Order on Motion to Compel,,,,,, by Fully Insured Subscriber Plaintiffs of Filing Retainer Agreements (Attachments: #1 1, #2 2, #3 3, #4 4, #5 5, #6 6, #7 7, #8 8, #9 9, #10 10, #11 11, #12 12, #13 13, #14 14, #15 15, #16 16, #17 17, #18 18, #19 19, #20 20, #21 21, #22 22, #23 23, #24 24, #25 25, #26 26, #27 27, #28 28, #29 29, #30 30, #31 31, #32 32, #33 33, #34 34, #35 35, #36 36, #37 37, #38 38, #39 39, #40 40, #41 41, #42 42, #43 43, #44 44, #45 45, #46 46, #47 47, #48 48, #49 49, #50 50, #51 51, #52 52, #53 53, #54 54, #55 55, #56 56, #57 57, #58 58, #59 59, #60 60, #61 61, #62 62, #63 63)(Guin, David)
October 12, 2021 Filing 2845 REPLY Brief filed by Objectors Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc. re: #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Richie, John)
October 12, 2021 Filing 2844 ***Document Sealed***PROVIDER PLAINTIFFS' Evidentiary submission in support of Opposition to Defendant's Motion for Summary Judgment on (I) all cliams advanced by non-general acute care hospital providers and (II) any claims based on Blue System rules other than Easas or Bluecard for failure to demonstrate injury or damages (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 6, #5 Exhibit 7) (KAM)
October 11, 2021 Filing 2843 RESPONSE in Opposition re #2750 MOTION for Summary Judgment ("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by Non-General Acute Care Hospital Providers and (II) Any Claims Based on Blue System Rules Other than ESAs or BlueCard for Failure to Demons trate Injury or Damages (Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
October 11, 2021 Filing 2842 Evidentiary Material re: #2797 Document Sealed in Support of Provider Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on (I) All Claims Advanced by Non-General Acute Care Hospital Providers and (II) Any Claims Based on Blue System Rules Other Than ESAs or BlueCard for Failure to Demonstrate Injury or Damages. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Whatley, Joe)
October 8, 2021 Opinion or Order Filing 2841 ORDER This matter is before on the following Motions filed by the Self-Funded Subclass Objectors: (1) a Motion for Reciprocal Disclosure of Settlement Proponents Agreements (Doc. # 2832) and (2) a Motion to Require Dr. Mason to Appear at the Fairness Hearing and for Production of Certain Portions of His File (Doc. # 2836); #2832 Motion for Disclosure is GRANTED IN PART. on or before October 15,2021, Lead Counsel for the Fully Insured Subclass and for the Self-Funded Subclass SHALL file with the Clerk of Court: (1) any engagement-related documents regarding their representation of the Subscriber Settlement Subclasses, and (2) any agreements related to the retention of Dr. Mason; #2836 Motion to Compel is GRANTED IN PART; Dr. Mason and the Self-Funded Objectors experts Ugo Okewho and Jim WatsonSHALL attend the Fairness hearing on October 20 (and, as necessary, October 21), 2021 to present testimony and submit to cross examination either in person or by deposition; On or before Thursday, October 14, 2021, interested parties SHALL meet and confer and determine the scope of document production from these experts, which scope SHALL apply reciprocally to all of these experts; On or before October 18, 2021, interested parties SHALL file a notice with the court to inform it whether these witnesses will appear live or by deposition; In all other respects, the Motions (Docs. # 2832 and 2836) are DENIED. Signed by Judge R David Proctor on 10/8/2021. (KAM) Modified on 10/8/2021 (KAM, ).
October 8, 2021 Opinion or Order Filing 2840 TEXT ORDER - This matter is before the court on the Self-Funded Subclass Objectors Unopposed Motion for Leave to File a Reply Brief. #2837 The Motion #2837 is GRANTED. On or before October 12, 2021, the Self-Funded Subclass Objectors may file a reply brief of up to 35 pages. Signed by Judge R David Proctor on 10/8/2021. (KAM)
October 7, 2021 Filing 2839 Evidentiary Material re: #2819 Document Sealed, (Reply Brief). (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11)(Chesler, Evan)
October 7, 2021 Opinion or Order Filing 2838 TEXT ORDER - This matter is before the court on an informal report from the Seal Team. In light of that report, the Clerk of Court is DIRECTED to UNSEAL Doc. # 2819. #2819 .. Signed by Judge R David Proctor on 10/7/25021. (KAM)
October 7, 2021 Filing 2837 Unopposed MOTION for Leave to File Sur-Reply Brief by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Richie, John)
October 7, 2021 Filing 2836 MOTION to Compel Appearance of Dr. Mason at Fairness Hearing by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Richie, John)
October 4, 2021 Opinion or Order Filing 2835 ORDER AMENDING THE PRELIMINARY APPROVAL ORDER #2641 ; In order to facilitate the attendance of interested persons at the Final Approval Hearing, the Court AMENDS Document #2641 , paragraph 28, sentence one, to provide as follows: Final Approval Hearing is hereby scheduled before the undersigned to be commenced on Wednesday, October 20, 2021, at 10:00 a.m. Central Time, continuing on Thursday, October 21, 2021, if necessary. This hearing will be held in person. However, given the current state of the COVID-19 pandemic, the hearing will take place IN PERSON and REMOTELY, via Zoom video conference, and with telephone audio access provided for the public; Those wishing to attend by Zoom SHALL make a written request to the Special Master by October 13, 2021; ANY RECORDING OF THE HEARING BY ANYONE OTHER THAN THE COURT IS STRICTLY PROHIBITED. Signed by Judge R David Proctor on 10/4/2021. (KAM)
October 1, 2021 Opinion or Order Filing 2834 ORDER This matter is before the court on the Motion for Leave to Appear as Amicus Curiae in Support of Article III Jurisdictional Defect to the Subscribers Settlement filed by Shiyang Huang #2833 ; the Motion is DENIED; as part of the approval process, the court will address its Article III jurisdiction in relation to the Subscribers claims for injunctive relief and to provide the injunctive relief contemplated in the Subscribers Settlement. Signed by Judge R David Proctor on 10/1/2021. (KAM)
September 30, 2021 Filing 2833 MOTION for Leave to Appear as Amicus Curiae in support of Article III Jurisdictional defect to the Subscribers' settlement by Shiyang Huang. (KAM)
September 28, 2021 Filing 2832 MOTION for Disclosure by Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Richie, John)
September 27, 2021 Opinion or Order Filing 2831 TEXT ORDER - This matter is before the court on the Self-Funded Subclass Objectors Motion to Submit Documents for In Camera Review. #2790 Pursuant to the Long Form Notice approved by the court, Objectors to the proposed Subscriber Settlement must submit documents reflecting the terms of any agreements that relate to the objection process, including agreements relating to the engagement of counsel. [2611-2 at 105] The Self-Funded Subclass Objectors Motion #2790 is GRANTED IN PART. The Self-Funded Subclass Objectors may submit their engagement-related documents in camera, by providing them to chambers. Signed by Judge R David Proctor on 9/27/2021. (KAM)
September 27, 2021 Filing 2830 REPLY Brief filed by Objector National Account Objectors re: 2829 Order, National Accounts' Reply Memorandum in Support of Their Motion to Opt Out of the Injunctive Relief Settlement Class or, in the Alternative, Opposition to the Approval of the Injunctive Relief Class Settlement filed by National Account Objectors. (Slater, Paul)
September 27, 2021 Opinion or Order Filing 2829 TEXT ORDER: This matter is before the court on an informal request from the National Account Objectors to file a reply memorandum in support of their Motion Either to Opt Out of the Injunctive Relief Settlement Class or, In the Alternative, Opposition to the Approval of the Injunctive Relief Class Settlement. The request is GRANTED. The National Account Objectors may file a reply brief of up to 25 pages. Signed by Judge R David Proctor on 9/27/2021. (KAM)
September 24, 2021 Opinion or Order Filing 2828 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from July 1, 2021 through August 31, 2021 in this matter as it relates to services rendered for both sides of the case, and totaling $7,500.00. Signed by Judge R David Proctor on 9/24/2021. (KAM)
September 24, 2021 Opinion or Order Filing 2827 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from August 1, 2021 through August 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $60,000.00. Signed by Judge R David Proctor on 9/24/2021. (KAM)
September 24, 2021 Filing 2826 ***Document Sealed** SUBSCRIBER PLAINTIFFS' NOTICE of filing EXHIBIT D in support of Motion for Final Approval of Class Settlement and Appointment of Settlement Administrator (KAM)
September 24, 2021 Filing 2825 NOTICE by Plaintiffs' Counsel re #2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement of Filing Revised Redacted Ex. D (Attachments: #1 Exhibit 1)(Stokes, Tammy)
September 20, 2021 Filing 2824 Evidentiary Material re: #2753 MOTION for Partial Summary Judgment by Certain Defendants (Exhibits 12-17). (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14 (Part 1 of 10), #4 Exhibit 14 (Part 2 of 10), #5 Exhibit 14 (Part 3 of 10), #6 Exhibit 14 (Part 4 of 10), #7 Exhibit 14 (Part 5 of 10), #8 Exhibit 14 (Part 6 of 10), #9 Exhibit 14 (Part 7 of 10), #10 Exhibit 14 (Part 8 of 10), #11 Exhibit 14 (Part 9 of 10), #12 Exhibit 14 (Part 10 of 10), #13 Exhibit 15 (Part 1 of 10), #14 Exhibit 15 (Part 2 of 10), #15 Exhibit 15 (Part 3 of 10), #16 Exhibit 15 (Part 4 of 10), #17 Exhibit 15 (Part 5 of 10), #18 Exhibit 15 (Part 6 of 10), #19 Exhibit 15 (Part 7 of 10), #20 Exhibit 15 (Part 8 of 10), #21 Exhibit 15 (Part 9 of 10), #22 Exhibit 15 (Part 10 of 10), #23 Exhibit 16, #24 Exhibit 17)(Sooy, Kathleen)
September 20, 2021 Filing 2823 REPLY Brief filed by Defendant Blue Cross Blue Shield Michigan re: #2758 MOTION for Summary Judgment On Providers' Damages Claims As Time-Barred And Speculative filed by Blue Cross Blue Shield Michigan. (Stenerson, Todd)
September 20, 2021 Filing 2822 REPLY Brief filed by Defendant Defendants' Counsel re: #2753 MOTION for Partial Summary Judgment by Certain Defendants filed by Defendants' Counsel. (Sooy, Kathleen)
September 20, 2021 Filing 2821 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2749 Document Sealed Provider Plaintiffs' Reply In Support of Their Motion for Partial Summary Judgment on Defendants' Claim to Common-Law Trademark Rights filed by Plaintiffs' Counsel. (Whatley, Joe)
September 20, 2021 Filing 2820 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2748 SEALED MOTION Provider Plaintiffs' Reply In Support of Their Motion for Partial Summary Judgment on the Defendants' Single Entity Defense filed by Plaintiffs' Counsel. (Whatley, Joe)
September 20, 2021 Filing 2819 Defendants' Reply in support of their Motion for Summary Judgment on (I) all claims advanced by Non-General Acute Care Hospital Prviders and (II) any claims based on Blue System rules other than ESAS or Bluecard for failure to demonstrate injury or damages (KAM) Document unsealed on 10/7/2021 (KAM).
September 20, 2021 Opinion or Order Filing 2818 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by Leslie L. Pescia. #2817 The Motion #2817 is GRANTED. The Clerk of Court is directed to terminate Attorney Pescia. Signed by Judge R David Proctor on 9/20/2021. (KAM)
September 17, 2021 Filing 2817 MOTION to Withdraw as Attorney for Leslie Pescia by Plaintiffs' Counsel. (Pescia, Leslie)
September 17, 2021 Filing 2816 Transcript of Proceedings held on 9/14/2021, before Judge R David Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021. (KEK)
September 8, 2021 Filing 2815 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on September 14, 2021 at 9:30 a.m. (Eastern) by Special Master. filed by Special Master (Gentle, Edgar)
September 3, 2021 Filing 2814 Brief Defendants' Response to Department of Labor's Letter. (Zott, David)
September 3, 2021 Filing 2813 Brief Defendants' Brief in Support of Subscriber Plaintiffs' Motion for Final Approval of Proposed Class Settlement. (Attachments: #1 Exhibit 1 - B. Roberts Deposition Excerpt, #2 Exhibit 2 - R. Abbott Deposition Excerpt, #3 Exhibit 3 - K. Murphy Deposition Excerpt, #4 Exhibit 4 - S. Serota Deposition Excerpt, #5 Exhibit 5 - R. Kolodgy Deposition Excerpt, #6 Exhibit 6 - D. Rubinfeld Deposition Excerpt, #7 Exhibit 7 - H. Frech Deposition Excerpt)(Laytin, Daniel)
September 3, 2021 Filing 2812 MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of Class Settlement by Plaintiffs' Counsel. (Attachments: #1 Subscriber Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of Class Settlement, #2 Exhibit A - Keough Declaration, #3 Keough Declaration Exhibits A-G, #4 Keough Declaration Exhibit H (part 1), #5 Keough Declaration Exhibit H (part 2) - P, #6 Keough Declaration Exhibit Q, #7 Exhibit B - Rubinfeld Declaration, #8 Exhibit C - Regional Carriers, #9 Exhibit D - Mason Declaration, #10 Exhibit E - BCBS-AZ_MDL000124422, #11 Exhibit F - CAREFIRST_ESI_06681777, #12 Exhibit G - ARKBCBS0047016, #13 Exhibit H - DOL Letter, #14 Exhibit I - Resume of Judge Gonzalez, #15 Exhibit J - Proposed Order Appointing Settlement Administrator, #16 Exhibit K - Proposed Amended Data Production Order, #17 Exhibit L - Proposed Final Judgment and Order of Approval, #18 Exhibit M - Proposed Fee Order, #19 Exhibits 1-3, #20 Exhibits 4-14, #21 Exhibits 15-30, #22 Exhibits 31-40)(Hausfeld, Michael)
August 31, 2021 Filing 2811 NOTICE by Plaintiffs' Counsel of Death of Corporate Representative (Whatley, Joe)
August 30, 2021 Filing 2810 Evidentiary Material re: #2798 Document Sealed in Support of Provider Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on Providers' Damages Claims as Time-Barred and Speculative. (Attachments: #1 Exhibit 1)(Whatley, Joe)
August 30, 2021 Opinion or Order Filing 2809 TEXT ORDER This matter is before the court on an informal report from the Seal Team. In light of that report, the Clerk of Court is directed to UNSEAL Doc. #2798 . Signed by Judge R David Proctor on 8/30/2021. (KAM)
August 27, 2021 Filing 2808 Evidentiary Material re: #2801 Response in Opposition to Motion, ("Evidentiary Submission in Support of Defendants' Brief in Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment on the Defendants' Single Entity Defense"). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Chesler, Evan)
August 27, 2021 Filing 2807 Evidentiary Material re: #2800 Opposition (other) ("Evidentiary Submission in Support of Defendants' Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment on Defendants' Common-Law Trademark Rights"). (Attachments: #1 Exhibit 1)(Chesler, Evan)
August 26, 2021 Opinion or Order Filing 2806 ORDER AMENDING DEADLINE RELATED TO CLASS SETTLEMENT This matter is before the court on Subscriber Plaintiffs Unopposed Motion for Extension of Filing Deadlines Related to Class Settlement #2805 ; the Motion is GRANTED; The language below in bold italics SHALL be inserted so that paragraph 29 provides as follows: Friday, September 3, 2021 Deadline for Parties to file any Motion(s) for Final Approval of Settlement and responses to any timely submitted Settlement Class Member objections. Signed by Judge R David Proctor on 8/26/2021. (KAM)
August 26, 2021 Filing 2805 MOTION for Extension of Time for Filing Deadlines Related to Class Settlement by Plaintiffs' Counsel. (Guin, David)
August 23, 2021 Opinion or Order Filing 2804 TEXT ORDER - This matter is before the court on Subscriber Plaintiffs Motion to File a Consolidated Brief, Not Exceeding 150 Pages, in Support of Final Approval and in Response to All Timely-Submitted Objections. #2802 For good cause shown, the Motion #2802 is GRANTED. Subscriber Plaintiffs may file a consolidated brief in support final approval not to exceed 150 pages. Signed by Judge R David Proctor on 8/23/2021. (KAM)
August 23, 2021 Opinion or Order Filing 2803 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2021 through July 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $50,000.00. Signed by Judge R David Proctor on 8/23/2021. (KAM)
August 23, 2021 Filing 2802 MOTION for Leave to File Excess Pages for Subscribers' Final Approval Brief and Consolidated Responses to Objections by Plaintiffs' Counsel. (Guin, David)
August 20, 2021 Filing 2801 RESPONSE in Opposition re #2748 SEALED MOTION ("Defendants' Brief in Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment on the Defendants' Single Entity Defense") filed by Defendants' Counsel. (Chesler, Evan)
August 20, 2021 Filing 2800 Opposition to re #2749 ("Defendants' Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment on Defendants' Common-Law Trademark Rights") filed by Defendants' Counsel. (Chesler, Evan)
August 20, 2021 Filing 2799 RESPONSE in Opposition re #2753 MOTION for Partial Summary Judgment by Certain Defendants filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Whatley, Joe)
August 20, 2021 Filing 2798 PROVIDER PLAINTIFFS' OPPOSITION to #2758 Motion.(KEK) Modified on 8/30/2021 (KAM).
August 20, 2021 Filing 2797 ***Document Sealed - PROVIDER PLAINTIFFS' OPPOSITION to #2750 Motion. (KEK)
August 20, 2021 Filing 2796 ***Document Sealed - Exhibits in Support of Certain Defendants' Motion for Partial Summary Judgment. (Attachments: #1 Exhibit 7, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11) (KEK)
August 19, 2021 Filing 2795 Evidentiary Material re: #2753 MOTION for Partial Summary Judgment by Certain Defendants . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal)(Sooy, Kathleen)
August 5, 2021 Filing 2794 ***Document Sealed*** Defendants' Joint Comprehensive Index Regarding Exhibits to the Motions for Summary Judgment Related to the Standard of Review (Attachments: #1 Exhibit 1) (KAM)
August 5, 2021 Filing 2793 NOTICE by Defendants' Counsel ("Notice of Filing Joint Comprehensive Index Regarding Exhibits to the Motions for Summary Judgment Related to the Standard of Review -- Redacted") (Attachments: #1 Joint Index of Standard of Review Briefing Exhibits)(Chesler, Evan)
August 3, 2021 Opinion or Order Filing 2792 ORDER Status Conference set for 9/14/2021 09:30 AM in New York, New York at the offices of Cravath, Swaine & Moore LLP, 825 8th Avenue, New York, NY 10019. In-person attendees must be vaccinated; On or before Wednesday, September 8, 2021, (1) the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference; and (2) for security purposes, counsel attending in person SHALL notify the Special Master. Signed by Judge R David Proctor on 8/3/2021. (KAM)
July 30, 2021 Filing 2791 Amicus Curiae APPEARANCE entered by John W Davis on behalf of John W Davis. filed by on behalf of John W Davis (Davis, John)
July 28, 2021 Filing 2790 MOTION for Leave to File Documents for In Camera Review by ServisFirst Bancshares Inc, Topographic. Inc., Employee Services Inc. (Richie, John)
July 27, 2021 Filing 2789 ***Document Sealed*** PROVIDER PLAINTIFFS' Evidentiary Submissio in support of Rely in Support of their Motion for Partial Summary Judgement regarding the Standard of Review for their Group Boycott Claims (Attachments: #1 Exhibit 9, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14) (KAM)
July 27, 2021 Filing 2788 Evidentiary Material re: #2770 Document Sealed in Support of Provider Plaintiffs' Reply In Support of Their Motion for Partial Summary Judgment Regarding the Standard of Review for Their Group Boycott Claims. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14)(Whatley, Joe)
July 27, 2021 Filing 2787 ***Document Sealed*** PROVIDER PLAINTIFFS' notice of filing sealed evidentiary submission in support of Motion for Partial Summary Judgment on the Defendants' Single Entity Defense (Attachments: #1 Exhibit 1, #2 Exhibit 3) (KAM)
July 27, 2021 Filing 2786 Evidentiary Material re: #2747 Document Sealed in Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion Regarding the Standard of Review Applicable to Provider Plaintiffs' Section 1 Claims Pursuant to Federal Rule of Civil Procedure 56. (Attachments: #1 Exhibit 1)(Whatley, Joe)
July 27, 2021 Filing 2785 Evidentiary Material re: #2748 SEALED MOTION in Support of Provider Plaintiffs' Motion for Partial Summary Judgment on the Defendants' Single Entity Defense. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Whatley, Joe)
July 27, 2021 Filing 2784 MOTION for Partial Summary Judgment on the Defendants' Single Entity Defense (Provider Plaintiffs) (Public Version of doc. 2748) by Plaintiffs' Counsel. (Whatley, Joe) Modified on 8/2/2021 (KAM, ).
July 23, 2021 Filing 2783 ***Document Sealed*** DEFENDANTS' EVIDENTIARY SUBMISSION in support of Motion for Summary Judgment on Providers' Damages Claim as time-barred and speculative (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17) (KAM)
July 23, 2021 Filing 2782 Evidentiary Material re: #2758 MOTION for Summary Judgment On Providers' Damages Claims As Time-Barred And Speculative . (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18)(Kirby, Cason)
July 23, 2021 Filing 2781 RESPONSE in Support re #2758 MOTION for Summary Judgment On Providers' Damages Claims As Time-Barred And Speculative filed by Blue Cross Blue Shield Michigan. (Kirby, Cason)
July 22, 2021 Opinion or Order Filing 2780 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from June 1, 2021 through June 30, 2021 in this mater relating solely to the services provied to the Plaintiffs, and totaling $72,000.00. Signed by Judge R David Proctor on 7/22/2021. (KAM)
July 22, 2021 Opinion or Order Filing 2779 ORDER APPROVING SPECIAL MATER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2021 through June 30, 2021 in this matter as it relates to services rendered for both sides of this case, and totaling $8,000.00. Signed by Judge R David Proctor on 7/22/2021. (KAM)
July 22, 2021 Opinion or Order Filing 2778 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by attorney Erica B. Zolner. The Motion is GRANTED. The clerk of the court is directed to terminate attorney Zolner. Signed by Judge R David Proctor on 7/22/2021. (KAM)
July 22, 2021 Filing 2777 ***Document Sealed** DEFENDANTS" EVIDENTIARY SUBMISSION in Support of (I) Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment regarding the Standard of Review Applicable to Providers' Group Boycott Claims and (II) RESPONSE to Provider Plaintiffs' Motion for Partial Summary Judgment regarding the Standard of Review in light of AMEX (Attachments: #1 Exhibit 326, #2 Exhibit 329, #3 Exhibit 330, #4 Exhibit 331 Part 1, #5 Exhibit 331 Part 2, #6 Exhibit 331 Part 3, #7 Exhibit 339, #8 Exhibit 340) (KAM)
July 22, 2021 Filing 2776 Brief re #2729 SEALED MOTION ("Defendants' Brief In Opposition To Provider Plaintiffs' Motion For Partial Summary Judgment Regarding The Standard Of Review Applicable To Providers' Group Boycott Claims"--Redacted Version). (Chesler, Evan)
July 22, 2021 Filing 2775 Evidentiary Material re: #2760 Document Sealed, #2752 Response in Opposition to Motion, . (Attachments: #1 Exhibit 322, #2 Exhibit 323, #3 Exhibit 324, #4 Exhibit 325, #5 Exhibit 326, #6 Exhibit 327, #7 Exhibit 328, #8 Exhibit 330, #9 Exhibit 332, #10 Exhibit 333, #11 Exhibit 334, #12 Exhibit 335, #13 Exhibit 336, #14 Exhibit 337, #15 Exhibit 338, #16 Exhibit 339, #17 Exhibit 341, #18 Exhibit 342, #19 Exhibit 343, #20 Exhibit 344, #21 Exhibit 345, #22 Exhibit 346, #23 Exhibit 347, #24 Exhibit 348, #25 Exhibit 349, #26 Exhibit 350, #27 Exhibit 351)(Chesler, Evan)
July 22, 2021 Filing 2774 MOTION to Withdraw as Attorney by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Defendants' Counsel, Highmark BCBSD Inc., Highmark Inc., Highmark West Virginia Inc., Hospital Service Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern Pennsylvania. (Zolner, Erica)
July 20, 2021 Filing 2773 Evidentiary Material re: #2750 MOTION for Summary Judgment ("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by Non-General Acute Care Hospital Providers and (II) Any Claims Based on Blue System Rules Other than ESAs or BlueCard for Failure to Demons . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chesler, Evan)
July 12, 2021 Filing 2772 REPLY Brief filed by Defendant Defendants' Counsel re: #2727 MOTION for Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure 56") filed by Defendants' Counsel. (Chesler, Evan)
July 12, 2021 Filing 2771 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2730 SEALED MOTION Provider Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment Regarding the Standard of Review in Light of Amex filed by Plaintiffs' Counsel. (Whatley, Joe)
July 12, 2021 Filing 2770 PROVIDER PLAINTIFF'S Reply in support of their Motion for Partial Summary Judgment regarding The Standard of Review for their Group Boycott Claims (KAM) Modified on 8/2/2021 (KAM, ).
June 30, 2021 Filing 2769 Transcript of Proceedings held on June 29, 2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/21/2021. Redacted Transcript Deadline set for 7/31/2021. Release of Transcript Restriction set for 9/28/2021. (KAM)
June 29, 2021 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 6/29/2021. A separate order will be entered setting the next status conference in September. (Court Reporter Risa Entrekin.) (KLL)
June 25, 2021 Filing 2768 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on June 29, 2021 at 9:30 a.m. (Central) by Special Master. filed by Special Master (Gentle, Edgar)
June 25, 2021 Opinion or Order Filing 2767 ORDER re #2766 - In that Report, the parties requested that Section B of the Eighth Amended Scheduling Order (Doc. #2718 ) be modified. The request is GRANTED. Section B of the Eighth Amended Scheduling Order is MODIFIED as follows: All potentially dispositive motions on issues of liability which are not critically dependent on the outcome of class certification, materials in support, and supporting expert reports under Fed. R. Civ. P. 26(a)(2) were due on or before June 21, 2021. Responses to those Motions SHALL be filed on or before August 20, 2021. Any replies SHALL be filed on or before September 20, 2021. Signed by Judge R David Proctor on 6/25/2021. (KEK)
June 24, 2021 Filing 2766 STATUS REPORT Joint Report Regarding Briefing Schedule for Dispositive Motions Not Dependent on Class Certification by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit 1 - Proposed Order)(Whatley, Joe)
June 22, 2021 Opinion or Order Filing 2765 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by certain attorneys in the Kirkland & Ellis LLP firm seeking to withdraw from representing Defendant California Physicians Service d/b/a Blue Shield of California (BSCA).The Motion is GRANTED. The Clerk of the Court is directed to terminate the attorneys referenced in the Motion from their representation of BSCA. Signed by Judge R David Proctor on 6/22/2021. (KAM)
June 22, 2021 Opinion or Order Filing 2764 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from May 1, 2021 through May 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $55,500.00. Signed by Judge R David Proctor on 6/22/2021. (KAM)
June 22, 2021 Filing 2763 MOTION to Withdraw as Attorney by California Physicians Service d/b/a Blue Shield of California. (Witt, Helen)
June 21, 2021 Filing 2762 ***Document Sealed*** DEFENDANTS' MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON PROVIDERS' DAMAGES CLAIMS AS TIME-BARRED AND SPECULATIVE (KAM)
June 21, 2021 Filing 2761 ***Document Sealed*** DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PROVIDERS'DAMAGES CLAIMS AS TIME-BARRED AND SPECULATIVE (KAM)
June 21, 2021 Filing 2760 ***Document Sealed*** DEFENDANTS' BRIEF IN OPPOSITION TO PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE STANDARD OFREVIEW APPLICABLE TO PROVIDERS GROUP BOYCOTT CLAIMS (KAM)
June 21, 2021 Filing 2759 NOTICE by Defendants' Counsel re Sealed Motion (Stenerson, Todd)
June 21, 2021 Filing 2758 MOTION for Summary Judgment On Providers' Damages Claims As Time-Barred And Speculative by Defendants' Counsel. (Stenerson, Todd)
June 21, 2021 Filing 2757 NOTICE by Defendants' Counsel ("Defendants' Notice of Other Potential Motions Critically Dependent on the Outcome of Class Certification or Other Pending Motions") (Chesler, Evan)
June 21, 2021 Filing 2756 Brief re #2729 SEALED MOTION ("Defendants' Brief in Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of Review Applicable to Providers' Group Boycott Claims"--Redacted) filed by Defendants' Counsel. (Chesler, Evan)
June 21, 2021 Filing 2755 NOTICE by Defendants' Counsel re #2729 SEALED MOTION ("Notice of Filing Under Seal") (Chesler, Evan)
June 21, 2021 Filing 2754 Brief re #2753 MOTION for Partial Summary Judgment by Certain Defendants filed by Defendants' Counsel. (Sooy, Kathleen)
June 21, 2021 Filing 2753 MOTION for Partial Summary Judgment by Certain Defendants by Defendants' Counsel. (Sooy, Kathleen)
June 21, 2021 Filing 2752 RESPONSE in Opposition re #2730 SEALED MOTION ("Defendants' Response to Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of Review In Light of Amex") filed by Defendants' Counsel. (Chesler, Evan)
June 21, 2021 Filing 2751 Brief re #2750 MOTION for Summary Judgment ("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by Non-General Acute Care Hospital Providers and (II) Any Claims Based on Blue System Rules Other than ESAs or BlueCard for Failure to Demons (Defendants' Opening Brief In Support of Motion) filed by Defendants' Counsel. (Chesler, Evan)
June 21, 2021 Filing 2750 MOTION for Summary Judgment ("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by Non-General Acute Care Hospital Providers and (II) Any Claims Based on Blue System Rules Other than ESAs or BlueCard for Failure to Demonstrate Injury or Damages") by Defendants' Counsel. (Chesler, Evan)
June 21, 2021 Filing 2749 ***Document Sealed** PROVIDER PLAINTIFFS MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT ON DEFENDANTS CLAIM TO COMMON-LAW TRADEMARK RIGHTS (KAM)
June 21, 2021 Filing 2748 SEALED MOTION PROVIDER PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE DEFENDANTS SINGLE ENTITY DEFENSE. (KAM)
June 21, 2021 Filing 2747 ***Document Sealed*** PROVIDER PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION REGARDING THE STANDARD OF REVIEW APPLICABLE TO PROVIDER PLAINTIFFS SECTION 1 CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 (KAM)
June 17, 2021 Opinion or Order Filing 2746 TEXT ORDER - In anticipation of the new federal Juneteenth holiday, all deadlines set on June 18, 2021, are EXTENDED to Monday, June 21, 2021. Although the new holiday gives all great cause for celebration, the court apologizes to any young attorneys who are now expected to work this weekend. Signed by Judge R David Proctor on 6/17/2021. (KAM)
June 14, 2021 Filing 2745 ***Document Sealed*** PROVIDER PLAINTIFFS' Notice of filing sealed Evidentiary Submissions in support of Motion for Partial Summary Judgement regarding the Standard of Review in Light of AMEX (Attachments: #1 Exhibit 13, #2 Exhibit 19, #3 Exhibit 21) (KAM)
June 14, 2021 Filing 2744 ***Document Sealed**PROVIDER PLAINTIFFS' Notice of filing Evidentiary Submission in support of Motion for Partial Summary Judgment regarding the Standard of Review of their Group Boycott Claims (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 6) (KAM)
June 14, 2021 Filing 2743 NOTICE by Plaintiffs' Counsel re #2730 SEALED MOTION Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of Review in Light of Amex (Public Version) (Whatley, Joe)
June 14, 2021 Filing 2742 Evidentiary Material re: #2730 SEALED MOTION Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of Review in Light of Amex. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Whatley, Joe)
June 14, 2021 Filing 2741 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of Review of Their Group Boycott Claims (Public Version) (Whatley, Joe)
June 14, 2021 Filing 2740 Evidentiary Material re: #2729 SEALED MOTION Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the standard of Review of Their Group Boycott Claims. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Whatley, Joe)
June 9, 2021 Filing 2739 NOTICE by Plaintiffs' Counsel re #2733 MOTION for Attorney Fees Subscriber Counsel's Motion for Approval of their Attorneys' Fees and Expenses Application Subscriber Counsel's Notice of Supplemental Authority (Attachments: #1 Exhibit A - In re Equifax Inc. Customer Data Security Breach Litigation)(Hausfeld, Michael)
June 2, 2021 Filing 2738 OBJECTION by a Class Member for the Court to Modify the Settlement or Dismiss this Case. (KAM)
June 2, 2021 Opinion or Order Filing 2737 ORDER This matter is before the court on a Motion by a Class Member for the Court to Modify the Settlement or Dismiss this Case; The court has instructed the Clerk of the Court to file the document, and return a copy, but the court will construe the document as an Objection to the Settlement, rather than a Motion. Signed by Judge R David Proctor on 6/2/2021. (KAM)
June 1, 2021 Filing 2736 NOTICE by Defendants' Counsel re #2735 Evidentiary Material,,, (Chesler, Evan)
June 1, 2021 Filing 2735 Evidentiary Material re: #2727 MOTION for Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure 56") . (Attachments: #1 Exhibit 283, #2 Exhibit 284, #3 Exhibit 285, #4 Exhibit 286, #5 Exhibit 287, #6 Exhibit 288, #7 Exhibit 289, #8 Exhibit 290, #9 Exhibit 291, #10 Exhibit 292, #11 Exhibit 293, #12 Exhibit 298, #13 Exhibit 301, #14 Exhibit 302, #15 Exhibit 303, #16 Exhibit 304, #17 Exhibit 305, #18 Exhibit 306, #19 Exhibit 307, #20 Exhibit 308, #21 Exhibit 309, #22 Exhibit 310, #23 Exhibit 311, #24 Exhibit 312, #25 Exhibit 313, #26 Exhibit 314, #27 Exhibit 315, #28 Exhibit 316, #29 Exhibit 317, #30 Exhibit 318, #31 Exhibit 319, #32 Exhibit 320, #33 Exhibit 321)(Chesler, Evan)
June 1, 2021 Filing 2734 ***Document Sealed*** Defendants' EVIDENTIARY SUBMISSION in support of Defendants' Motion regarding The Antitrust Standard of Review Applicable to Provider Plaintiffs' Section 1 Claims pursuant to FRCP 56 (Attachments: #1 Exhibit 294, #2 Exhibit 295, #3 Exhibit 296, #4 Exhibit 297, #5 Exhibit 299, #6 Exhibit 300) (KAM)
May 28, 2021 Filing 2733 MOTION for Attorney Fees Subscriber Counsel's Motion for Approval of their Attorneys' Fees and Expenses Application by Plaintiffs' Counsel. (Attachments: #1 Memorandum of Law in Support of Motion for Approval of Attorneys' Fees and Expenses Application, #2 Exhibit A - Declaration of Co-Lead Counsel, #3 Exhibit B - Declaration of Professor Charles Silver, #4 Exhibit C - Declaration of Professor Brian Fitzpatrick, #5 Exhibit D - Declaration of Special Master Edgar C. Gentle)(Hausfeld, Michael)
May 24, 2021 Opinion or Order Filing 2732 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 5/24/2021. (KEK)
May 24, 2021 Opinion or Order Filing 2731 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 5/24/2021. (KEK)
May 21, 2021 Filing 2730 SEALED MOTION - PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE STANDARD OF REVIEW IN LIGHT OF AMEX. (KEK)
May 21, 2021 Filing 2729 SEALED MOTION - PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING THE STANDARD OF REVIEW FOR THEIR GROUP BOYCOTT CLAIMS. (KEK)
May 21, 2021 Filing 2728 Brief re #2727 MOTION for Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure 56") filed by Defendants' Counsel. (Chesler, Evan)
May 21, 2021 Filing 2727 MOTION for Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure 56") by Defendants' Counsel. (Chesler, Evan)
May 18, 2021 Opinion or Order Filing 2726 ORDER APPROVING PLAINTIFFS= LIAISON COUNSEL=S FEE APPLICATION. Signed by Judge R David Proctor on 5/18/2021. (KAM)
May 11, 2021 Opinion or Order Filing 2725 ORDER UNSEALING CERTAIN DOCUMENTS as set out in this order. Signed by Judge R David Proctor on 5/11/2021. (KAM)
May 10, 2021 Filing 2724 ***Document Sealed*** PROVIDER PLAINTIFF'S Evidentiary Submission in support of Reply in support of their Renewed Motion for Class Certification (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 61, #4 Exhibit 66, #5 Exhibit 67) (KAM)
May 10, 2021 Filing 2723 REPLY to re #2635 Provider Plaintiffs' Reply Memorandum of Law in Support of Motion to Exclude or Strike the Expert Testimony, Opinions, and Analysis of Janusz Ordover, Ph.D. (Corrected Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
May 10, 2021 Filing 2722 Evidentiary Material re: #2642 Document Sealed in Support of Provider Plaintiffs' Reply In Support of Their Renewed Motion for Class Certification. (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 58, #4 Exhibit 59, #5 Exhibit 60, #6 Exhibit 61, #7 Exhibit 62, #8 Exhibit 63, #9 Exhibit 64, #10 Exhibit 65, #11 Exhibit 66, #12 Exhibit 67)(Whatley, Joe)
May 6, 2021 Opinion or Order Filing 2721 ORDER - This case is SET for a status conference at 9:30 a.m. on Tuesday, June 29, 2021, in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. The Special Master will provide Zoom access information for those unable to attend in person. On or before Friday, June 25, 2021, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 5/6/2021. (KEK)
April 23, 2021 Opinion or Order Filing 2720 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 4/23/2021. (KEK)
March 22, 2021 Opinion or Order Filing 2719 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from February 1, 2021 through February 28, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $67,500.00. Signed by Judge R David Proctor on 3/22/2021. (KAM)
March 16, 2021 Opinion or Order Filing 2718 EIGHTH AMENDED SCHEDULING ORDER (EXCLUSIVE TO PROVIDER TRACK) All motions related to the antitrust standard of review applicable to Providers claims in this case (the Standard of Review) are due on or before May 21, 2021; Any opposition to motions related to the Standard of Review is due on or before June 21, 2021; Any reply in support of motions related to the Standard of Review is due on or before July 12, 2021; All potentially dispositive motions on issues of liability which are not critically dependent on the outcome of class certification, materials in support, and supporting expert reports under Fed. R. Civ. P. 26(a)(2) are due on or before June 18, 2021; The parties will meet and confer as to an appropriate briefing schedule after the filing of such a Motion or Motions, and present a schedule or competing proposals to the court by no later than June 25, 2021. Signed by Judge R David Proctor on 3/16/2021. (KAM)
March 15, 2021 Filing 2717 STATUS REPORT Joint Report Regarding Proposed Schedule by Defendants and Provider Plaintiffs (Attachments: #1 Exhibit 1)(DeMasi, Karin) Modified on 3/16/2021 (KAM, ).
March 15, 2021 Opinion or Order Filing 2716 ORDER AMENDING PLAN OF DISTRIBUTION AND PRELIMINARY APPROVAL ORDER REGARDING FILING OF OBJECTIONS - This matter is before the court on Settlement Class Counsel's Unopposed Motion to Amend Plan of Distribution for Clarity and to Amend Preliminary Approval Order Regarding Filing of Objections. (Doc. #2715 ). The Motion (Doc. #2715 ) is GRANTED. Signed by Judge R David Proctor on 3/15/2021. (KEK)
March 12, 2021 Filing 2715 MOTION to Amend/Correct #2641 Order,,, Set Hearings,, Unopposed Motion to Amend Plan of Distribution for Clarity and to Amend Preliminary Approval Order Regarding Filing of Objections by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - [Proposed] Plan of Distribution, #2 Text of Proposed Order)(Hausfeld, Michael)
March 5, 2021 Opinion or Order Filing 2714 ORDER - In recent consultation with Providers and the Blues, it appears that both sides seek to further re-visit the appropriate standard of review applicable to Providers' claims. Therefore, it is ORDERED as follows: 1. On or before March 15, 2021, counsel for Providers and the Blues SHALL (a) meet and confer regarding an efficient manner to revisit the standard of review issue as to Providers' claims, and (b) file a joint report containing a proposed aggressive briefing schedule. 2. Because the court believes that any further ruling on the standard of review applicable to Providers' claims will impact a decision on the appropriateness of class certification on those claims, on the court's own motion, the Clerk of the Court is DIRECTED to TERMINATE the pending Motion for Class Certification and Motions to Exclude Defendants' class certification experts. (Docs. #2604 , #2631 , #2633 , #2635 , and #2639 ). After disposition of the standard of review issue, the court will confer with counsel for Providers and the Blues to determine whether the Motions may be reinstated, or whether revised briefing will be required. Signed by Judge R David Proctor on 3/5/2021. (KEK)
February 23, 2021 Filing 2713 ***Document Sealed*** PROVIDER PLAINTIFFS REPLY MEMORANDUM OF LAW IN SUPPORT OFMOTION TO EXCLUDE OR STRIKE THE EXPERT TESTIMONY, OPINIONS, ANDANALYSIS OF JANUSZ ORDOVER, PH.D. (Attachments: #1 Exhibit 4, #2 Exhibit 5) (KAM)
February 23, 2021 Filing 2712 ***Document Sealed** PROVIDER PLAINTIFFS REPLY IN SUPPORT OF THEIR MOTION TO EXCLUDE DEFENDANTS EXPERT KEVIN M. MURPHY AND MEMORANDUM IN SUPPORT (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30, #11 Exhibit 31, #12 Exhibit 32, #13 Exhibit 33, #14 Exhibit 34, #15 Exhibit 35, #16 Exhibit 36, #17 Exhibit 37, #18 Exhibit 38) (KAM)
February 23, 2021 Filing 2711 Evidentiary Material re: #2708 REPLY (other) In Support of Provider Plaintiffs' Reply In Support of Their Motion to Exclude Defendants' Expert Lawrence Wu, Ph.D.. (Attachments: #1 Exhibit 10, #2 Exhibit 11, #3 Exhibit 12)(Whatley, Joe)
February 22, 2021 Filing 2710 REPLY to re #2639 Provider Plaintiffs' Reply In Support of Their Motion to Exclude Defendants' Expert Kevin M. Murphy and Memorandum In Support Thereof (Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
February 22, 2021 Filing 2709 REPLY to re #2635 Provider Plaintiffs' Reply Memorandum of Law in Support of Motion to Exclude or Strike the Expert Testimony, Opinions, and Analysis of Janusz Ordover, Ph.D. (Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
February 22, 2021 Filing 2708 REPLY to re #2631 Provider Plaintiffs' Reply In Support of Their Motion to Exclude Defendants' Expert Lawrence Wu, Ph.D. filed by Plaintiffs' Counsel. (Whatley, Joe)
February 22, 2021 Filing 2707 REPLY to re #2633 Provider Plaintiffs' Reply In Support of Their Motion to Exclude Dr. Pakes in the Provider Track Because, As Defendants Themselves Have Admitted, Dr. Pakes's Testimony is Inadmissible and Notice of Joinder, Adoption and Incorporation of Defendants' Motion to Exclude or Strike the Expert Testimony, Opinions and Analysis of Dr. Ariel Pakes filed by Plaintiffs' Counsel. (Whatley, Joe)
February 22, 2021 Opinion or Order Filing 2706 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2021 through January 31, 2021 in this matter relating solely to services provided to the Plaintiffs, and totaling $56,500.00. Signed by Judge R David Proctor on 2/22/2021. (KAM)
February 22, 2021 Opinion or Order Filing 2705 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2020 through January 31, 2021 in this matter as it relates to services rendered for both sides of the case, and totaling $6,500.00. Signed by Judge R David Proctor on 2/22/2021. (KAM)
February 16, 2021 Filing 2704 NOTICE by Defendants' Counsel Proof of Service of Notice of Settlement Under Class Action Fairness Act (Attachments: #1 Exhibit 1 - Affidavit of Daniel Laytin, #2 Exhibit 2 - CAFA Notice Letter)(Laytin, Daniel)
February 12, 2021 Filing 2703 Evidentiary Material re: #2632 Document Sealed Evidentiary Submission in Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel Slottje. (Attachments: #1 Exhibit 1)(Whatley, Joe)
February 12, 2021 Filing 2702 Evidentiary Material re: #2655 MOTION To Exclude Defendants' Expert Kevin M. Murphy and Memorandum In Support Thereof (Public Version), #2639 SEALED MOTION Evidentiary Submission in Support of Provider Plaintiffs' Motion to Exclude Defendants' Expert Kevin M. Murphy. (Attachments: #1 Exhibit 1)(Whatley, Joe)
February 12, 2021 Filing 2701 Evidentiary Material re: #2636 Document Sealed, Evidentiary Submission in Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion to Exclude Provider Plaintiffs' Expert Deborah Haas-Wilson, Ph.D.. (Attachments: #1 Exhibit 1)(Whatley, Joe)
February 12, 2021 Filing 2700 Evidentiary Material re: #2634 Document Sealed Evidentiary Submission in Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion to Exclude Provider Plaintiffs' Expert H. E. Frech, III Ph.D.. (Attachments: #1 Exhibit 1)(Whatley, Joe)
February 9, 2021 Filing 2699 ***Document Sealed*** Evidentiary Submission in Support of Defendants' Correctede Reply in Support of Their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (KAM)
February 9, 2021 Filing 2698 Evidentiary Material re: #2694 Response in Support of Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje. (Attachments: #1 Exhibit Exhibit 1 - Slottje Excerpts, #2 Exhibit Exhibit 2 - Slottje Excerpts, #3 Exhibit Exhibit 3 - Kellogg Excerpts, #4 Exhibit Exhibit 4 - Haas-Wilson Excerpts, #5 Exhibit Exhibit 5 - Haas-Wilson Excerpts, #6 Exhibit Exhibit 6 - Filed Under Seal, #7 Exhibit Exhibit 7 - Filed Under Seal, #8 Exhibit Exhibit 8 - Findlay Excerpts, #9 Exhibit Exhibit 9 - Filed Under Seal, #10 Exhibit Exhibit 10 - BCBSA00115424 Excerpt)(Kirby, Cason)
February 4, 2021 Filing 2697 Evidentiary Material re: #2691 Reply Brief, Evidentiary Submission In Support Of Reply In Support Of Defendants Motion To Exclude Or Strike The Expert Testimony, Opinions, And Analysis Of Dr. Deborah Haas-Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hoover, Craig)
February 4, 2021 Filing 2696 Evidentiary Material re: #2690 REPLY (other) Evidentiary Submission in Support of Defendants' Reply in Support of Corrected Motion to Exclude Providers' Expert H.E. Frech, III. (Attachments: #1 Exhibit A, #2 Exhibit B)(Donnell, Sarah)
February 3, 2021 Filing 2695 ***Document Sealed** Defendants' CORRECTED Reply in Support of their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (KAM)
February 3, 2021 Filing 2694 RESPONSE in Support re #2477 SEALED MOTION Defendants' *Corrected* Reply in Support of their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje filed by Blue Cross Blue Shield Michigan. (Kirby, Cason)
February 2, 2021 Filing 2693 ***Document Sealed*** Defendants' Reply in support of their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (KAM)
February 2, 2021 Filing 2692 RESPONSE in Support re #2477 SEALED MOTION of Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje filed by Blue Cross Blue Shield Michigan. (Kirby, Cason)
February 2, 2021 Filing 2691 REPLY Brief filed by Defendant Defendants' Counsel re: #2463 Notice (Other) Reply In Support Of Defendants Motion To Exclude Or Strike The Expert Testimony, Opinions, And Analysis Of Dr. Deborah Haas-Wilson filed by Defendants' Counsel. (Hoover, Craig)
February 2, 2021 Filing 2690 REPLY to re #2478 Defendants' Reply in Support of Corrected Motion to Exclude Providers' Expert H.E. Frech, III filed by Defendants' Counsel. (Donnell, Sarah)
February 2, 2021 Filing 2689 Transcript of Proceedings (Telephone Conference) held on 1/27/2021, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/23/2021. Redacted Transcript Deadline set for 3/5/2021. Release of Transcript Restriction set for 5/3/2021. (KAM)
February 2, 2021 Filing 2688 NOTICE of Appearance by Cason M Kirby on behalf of Blue Cross Blue Shield Michigan (Kirby, Cason)
February 2, 2021 Filing 2687 NOTICE of Appearance by Cason M Kirby on behalf of Blue Cross Blue Shield Michigan (Kirby, Cason)
February 1, 2021 Filing 2686 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of Merits and Damages Rebuttal Report of Roy Goldman Ph.D. FSA MAAA CERA (Whatley, Joe)
February 1, 2021 Filing 2685 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of Expert Report of Catherine Tucker, Ph.D. (Whatley, Joe)
February 1, 2021 Filing 2684 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of Expert Report of Thomas D. Gober, CFE (Whatley, Joe)
February 1, 2021 Filing 2683 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of Merits and Damages Rebuttal Report of Daniel J. Slottje, Ph.D. (Whatley, Joe)
February 1, 2021 Filing 2682 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of the Expert Rebuttal Report of Deborah Haas-Wilson, Ph.D. (Whatley, Joe)
February 1, 2021 Filing 2681 NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive Summary of Merits and Damages Rebuttal Report of H.E. Frech, III, Ph.D. (Whatley, Joe)
January 29, 2021 Filing 2680 ***Document Sealed*** Evidentiary submission in support of Defendants' Response to Providers' Motion to Exclude the Expert Testimony of Professor Kevin Murphy (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F) (KAM)
January 29, 2021 Filing 2679 Evidentiary Material re: #2664 Document Sealed, #2663 Response (other) Evidentiary Submission in Support of Defendants' Response to Providers' Motion to Exclude the Expert Testimony of Professor Kevin Murphy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Zott, David)
January 28, 2021 Filing 2678 Evidentiary Material re: #2666 Response in Opposition to Motion, Evidentiary Submission In Support Of Defendants Opposition To Provider Plaintiffs Motion To Exclude Or Strike The Expert Testimony, Opinions, And Analysis Of Janusz Ordover, Ph.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hoover, Craig)
January 28, 2021 Filing 2677 Evidentiary Material re: #2668 Response in Opposition to Motion Evidentiary Submission In Support Of Defendants Opposition To Providers Motion To Exclude Defendants Expert Lawrence Wu, Ph.D.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Hoover, Craig)
January 28, 2021 Filing 2676 ***Document Sealed - EVIDENTIARY SUBMISSION IN SUPPORT of Defendant's Opposition to Provider Plaintiff's Motion to Exclude of Strike the Expert Testimony, Opinions, and Analysis of Janusz Ordover, PH.D. (KEK)
January 28, 2021 Filing 2675 NOTICE by Defendants' Counsel re #2666 Response in Opposition to Motion, (Kimble, Cavender)
January 27, 2021 Filing 2674 NOTICE of Appearance by Kimberly Francis on behalf of Plaintiffs' Counsel (Francis, Kimberly)
January 27, 2021 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 1/27/2021. The court will enter a separate order setting the next status conference. (Court Reporter Risa Entrekin.) (KLL)
January 25, 2021 Opinion or Order Filing 2673 ORDER this matter is before the court on #2671 MOTION to Appoint Counsel Unopposed Motion of Subscribers' Co-Lead Counsel to Obtain Court Approval for the Appointment of Charles J. Cooper to the Plaintiffs' Steering Committee for the Subscriber Track filed by Special Master; the Motion is GRANTED; The Court therefore APPROVES and APPOINTS Charles J. Cooper to serve on the Plaintiffs Steering Committee for the Subscriber Track. Signed by Judge R David Proctor on 1/225/2021. (KAM)
January 25, 2021 Opinion or Order Filing 2672 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 1/25/2021. (KAM)
January 22, 2021 Filing 2671 MOTION to Appoint Counsel Unopposed Motion of Subscribers' Co-Lead Counsel to Obtain Court Approval for the Appointment of Charles J. Cooper to the Plaintiffs' Steering Committee for the Subscriber Track by Special Master. (Gentle, Edgar)
January 22, 2021 Filing 2670 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on January 27, 2021 at 10:30 a.m. (Central) by Special Master. filed by Special Master (Gentle, Edgar)
January 20, 2021 Opinion or Order Filing 2669 ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David Proctor on 1/19/2021. (KAM)
January 19, 2021 Filing 2668 RESPONSE in Opposition re #2631 SEALED MOTION Defendants Opposition To Providers Motion To Exclude Defendants Expert Lawrence Wu, Ph.D. filed by Defendants' Counsel. (Hoover, Craig)
January 19, 2021 Filing 2667 RESPONSE to Motion re #2633 SEALED MOTION Subscriber Plaintiffs' Response to Providers' Motion Regarding Dr. Ariel Pakes filed by Plaintiffs' Counsel. (Hausfeld, Michael)
January 19, 2021 Filing 2666 RESPONSE in Opposition re #2635 SEALED MOTION Defendants Opposition To Provider Plaintiffs Motion To Exclude Or Strike The Expert Testimony, Opinions, And Analysis Of Janusz Ordover, Ph.D. filed by Defendants' Counsel. (Hoover, Craig)
January 19, 2021 Filing 2665 RESPONSE to Motion re #2633 SEALED MOTION Defendants' Response to Providers' Motion to Exclude Subscriber Expert Dr. Pakes in the Provider Track filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Haas-Wilson Dep. Excerpts)(Hoover, Craig)
January 19, 2021 Filing 2664 ***Document Sealed*** Defendants' RESPONSE to Provider's MOTION to exclude the expert testimony of Professor Kevin Murphy (KAM)
January 19, 2021 Filing 2663 RESPONSE to re #2639 Defendants' Response to Providers' Motion to Exclude the Expert Testimony of Professor Kevin Murphy (Public Version) filed by Defendants' Counsel. (Zott, David)
January 8, 2021 Filing 2662 NOTICE of Appearance by Eric B Snyder on behalf of All Plaintiffs (Snyder, Eric)
January 5, 2021 Opinion or Order Filing 2661 AMENDED ORDER - The January 27, 2021 status conference will be conducted by telephone. The Special Master will provide access information for the status conference. On or before Friday, January 22, 2021, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference.. Signed by Judge R David Proctor on 1/5/2021. (KAM)
December 30, 2020 Filing 2660 Transcript of Proceedings (Telephonic Status Conference) held on 12/29/2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/20/2021. Redacted Transcript Deadline set for 1/30/2021. Release of Transcript Restriction set for 3/30/2021. (KAM)
December 22, 2020 Opinion or Order Filing 2659 ORDER - This case is SET for a video status conference at 10:30 a.m. on Wednesday, January 27, 2021. The Special Master will provide access information for the video status conference, and information regarding video caucuses to take place following the status conference. On or before Friday, January 22, 2021, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 12/22/2020. (KEK)
December 22, 2020 Opinion or Order Filing 2658 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 12/22/2020. (KEK)
December 17, 2020 Opinion or Order Filing 2657 ORDER UNSEALING CERTAIN DOCUMENTS - This matter is before the court on the Seal Team's December 16, 2020 Report regarding additional sealed documents that the parties agree can be unsealed. Signed by Judge R David Proctor on 12/17/2020. (KEK)
December 16, 2020 Filing 2656 MOTION and Supporting Memorandum of Law In Support of Motion to Exclude or Strike the Expert Testimony, Opinions, and Analysis of Janusz Ordover, Ph.D. (Public Version) by Plaintiffs' Counsel. (Whatley, Joe) Modified on 1/27/2021 (KAM, ).
December 16, 2020 Filing 2655 MOTION To Exclude Defendants' Expert Kevin M. Murphy and Memorandum In Support Thereof (Public Version) by Plaintiffs' Counsel. (Whatley, Joe) Modified on 1/27/2021 (KAM, ).
December 8, 2020 Filing 2654 Transcript (Corrected) of Proceedings held on November 16, 2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/29/2020. Redacted Transcript Deadline set for 1/8/2021. Release of Transcript Restriction set for 3/8/2021. (KAM)
December 2, 2020 Filing 2653 NOTICE by Defendants' Counsel Executive Summary of the Expert Report of Dr. Robert H. Topel (DeMasi, Karin)
December 2, 2020 Filing 2652 NOTICE by Defendants' Counsel Executive Summary of the Expert Report of Dr. David S. Evans (DeMasi, Karin)
December 2, 2020 Filing 2651 NOTICE by Blue Cross and Blue Shield of Alabama Executive Summary of Expert Report of David Dillon (Burkhalter, Carl)
December 2, 2020 Filing 2650 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Rebuttal Expert Report of Deborah Haas-Wilson, Ph.D. (Whatley, Joe)
December 2, 2020 Filing 2649 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Rebuttal Class Certification Expert Report of Daniel J. Slottje, Ph.D. (Whatley, Joe)
December 2, 2020 Filing 2648 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Reply Report of H.E. Frech, III, Ph.D. (Public Version) (Whatley, Joe)
December 2, 2020 Filing 2647 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2604 MOTION to Certify Class Provider Plaintiffs' Renewed Motion for Class Certification and Supporting Memorandum (Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
December 2, 2020 Filing 2646 NOTICE by Defendants' Counsel Executive Summary of Expert Report of R. Lawrence Van Horn, Ph.D. (Zott, David)
December 2, 2020 Filing 2645 NOTICE by Defendants' Counsel Executive Summary of Expert Report of Lisa B. Perlmutter (Zott, David)
December 2, 2020 Filing 2644 NOTICE by Defendants' Counsel Executive Summary of Expert Report of Nancy L. Litwinski (Zott, David)
December 2, 2020 Filing 2643 PROVIDER PLAINTIFFS' Executive Summary of Reply Report of H. E. Frech III,Ph.D. (KAM) Document unsealed by order #2669 Modified on 1/20/2021 (KAM).
December 2, 2020 Filing 2642 ***Document Sealed*** PROVIDER PLAINTIFFS REPLY IN SUPPORT OF THEIR RENEWED MOTION FOR CLASS CERTIFICATION AND SUPPORTING MEMORANDUM (KAM)
November 30, 2020 Opinion or Order Filing 2641 MEMORANDUM OPINION AND ORDER PRELIMINARILY APPROVING SETTLEMENT, PLAN OF DISTRIBUTION, AND NOTICE PLAN, AND DIRECTING NOTICE TO THE CLASS; The court finds that the Proposed Plan of Distribution is within the range of reasonableness, fairness, and adequacy so that it may be sent to the members of the Settlement Classes, and it is hereby PRELIMINARILY APPROVED; Final Approval Hearing set for Wednesday, October 20, 2021 10:00 AM Central Time, continuing on Thursday, October 2021, if necessarybefore Judge R David Proctor.. Signed by Judge R David Proctor on 11/30/2020. (KAM)
November 24, 2020 Filing 2640 Brief re #2630 Notice (Other) Defendants' Response to Provider Plaintiffs' Proposed Language for Inclusion in the Subscriber Settlement Preliminary and Final Approval Orders. (Zott, David)
November 24, 2020 Opinion or Order Filing 2638 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2020 through October 31, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $43,600.00. Signed by Judge R David Proctor on 11/24/2020. (KAM)
November 24, 2020 Filing 2637 REPLY to re #2629 Provider Plaintiffs' Reply to Defendants' Submission Regarding Proposed Preliminary and Final Approval Orders filed by Plaintiffs' Counsel. (Whatley, Joe)
November 24, 2020 Filing 2630 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Proposed Language for Inclusion in the Subscriber Settlement Preliminary and Final Approval Orders (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
November 24, 2020 Filing 2629 Brief Defendants' Submission Regarding Proposed Preliminary and Final Approval Orders. (Zott, David)
November 23, 2020 Filing 2639 *** SEALED MOTION *** PROVIDER PLAINTIFFS' MOTION to Exclude Defendants' Expert Kevin M. Murphy and Memorandum in support. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(KAM)
November 23, 2020 Filing 2636 ***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in OPPOSITION to Defendants' Motion to exclude or stike expert testimony, opinions, and analysis of Dr. Deborah Haas-Wilson (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (KAM)
November 23, 2020 Filing 2635 ***SEALED MOTION*** PROVIDER PLAINTIFFS' MOTION to Exclude or Strike the expert testimony, opinions and analysis of Janusz Ordover, PhD and brief in support. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(KAM)
November 23, 2020 Filing 2634 ***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in Opposition to Defendants' Motion to Exclude Providers' expert H.E. Frech III (Attachments: #1 Exhibit 1) (KAM)
November 23, 2020 Filing 2633 ***SEALED MOTION*** PROVIDER PLAINTIFFS' MOTION TO EXCLUDE Dr. Ariel Pakes. (KAM)
November 23, 2020 Filing 2632 ***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in Opposition to Defendants' Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (Attachments: #1 Exhibit 1, #2 Exhibit 2) (KAM)
November 23, 2020 Filing 2631 ** SEALED MOTION** PROVIDER PLAINTIFFS' Motion to Exclude Defendants' Expert Lawrence Wu, PhD and Memorandum in Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(KAM)
November 23, 2020 Filing 2628 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2610 MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1 - Excerpts of 11/16/20 Hearing Transcript)(Hausfeld, Michael)
November 23, 2020 Filing 2627 RESPONSE to re #2623 , #2610 POST-HEARING SUBMISSION MOTION FOR CLASS SETTLMENT APPROVAL filed by Constance Dummer, Judy Sheridan, Brett Watts. (Cowan, R)
November 19, 2020 Filing 2626 Transcript of Proceedings - HEARING ON PRELIMINARY APPROVAL OF SUBSCRIBER TRACK SETTLEMENT held on November 17, 2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 12/20/2020. Release of Transcript Restriction set for 2/17/2021. (KAM)
November 17, 2020 Filing 2625 NOTICE by Plaintiffs' Counsel of Filing PowerPoint Slide Presentation from Preliminary Approval Hearing (Attachments: #1 Exhibit)(Guin, David)
November 16, 2020 Minute Entry for proceedings held before Judge R David Proctor: Preliminary Approval Settlement Conference held on 11/16/2020. (Court Reporter Risa Entrekin.) (KLL)
November 13, 2020 Filing 2624 NOTICE of Appearance by Samuel Issacharoff on behalf of Plaintiffs' Counsel (Issacharoff, Samuel)
November 12, 2020 Filing 2623 RESPONSE to Motion re #2610 MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement filed by Brett Watts, Judy Sheridan, Constance Dummer. (Cowan, R)
November 12, 2020 Opinion or Order Filing 2622 TEXT ORDER - To clarify the courts Order Regarding Access to the November 16, 2020 Preliminary Approval Hearing #2620 , video access to the hearing will be available only to counsel who the court anticipates will be speaking or presenting at the hearing. All other access will be audio only via the courts public help desk. Signed by Judge R David Proctor on 11/12/2020. (KAM)
November 11, 2020 Filing 2621 NOTICE by Plaintiffs' Counsel re #2610 MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement (Attachments: #1 Amended [Proposed] Final Approval Order of Settlement and Final Judgment and Order of Dismissal with Prejudice)(Hausfeld, Michael)
November 10, 2020 Opinion or Order Filing 2620 ORDER REGARDING ACCESS TO PRELIMINARY APPROVAL HEARING. Signed by Judge R David Proctor on 11/9/2020. (KAM)
November 4, 2020 Opinion or Order Filing 2619 ORDER - This matter is before the court on (1) Subscriber Plaintiffs' Motion for Preliminary Approval of Proposed Class Settlement (Doc. #2610 ); and (2) Subscriber Plaintiffs' Motion for Approval of Plan for Notice and Appointment of Claims Administrator (Doc. #2611 ). A Preliminary Approval Hearing on Subscriber Plaintiffs' Motions is SET for 9:00 a.m. Central Time on Monday, November 16, 2020. The hearing will take place remotely via Zoom webinar.Further information, including a Zoom link, will be forthcoming under separate order. Signed by Judge R David Proctor on 11/4/2020. (KEK)
November 4, 2020 Opinion or Order Filing 2618 STIPULATION AND ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS OF EXPERTS - This matter is before the court on the Joint Motion for Entry of Stipulation and Proposed Order Governing the Taking of Remote Depositions of Experts (Doc. #2617 ), filed by Provider Plaintiffs and Defendants. The Joint Motion (Doc. #2617 ) is GRANTED. Signed by Judge R David Proctor on 11/4/2020. (KEK)
November 3, 2020 Filing 2617 Joint MOTION FOR ENTRY OF STIPULATION AND PROPOSED ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS OF EXPERTS by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
November 2, 2020 Filing 2616 AMENDED COMPLAINT Subscriber Plaintiffs' Fourth Amended Consolidated Class Action Complaint against All Defendants, filed by Plaintiffs' Counsel.(Guin, David)
November 2, 2020 Opinion or Order Filing 2615 STIPULATION AND ORDER REGARDING PROTECTED HEALTH INFORMATION AND PERSONALLY IDENTIFIABLE INFORMATION FOR SUBSCRIBER SETTLEMENT. Signed by Judge R David Proctor on 11/2/2020. (KAM)
November 2, 2020 Opinion or Order Filing 2614 TEXT ORDER This matter is before the court on the Motion of the Subscriber Plaintiffs to File Their Fourth Amended Consolidated Class Action Complaint. #2609 The Motion #2609 is GRANTED. Subscriber Plaintiffs are directed to file their proposed Fourth Amended Consolidated Class Action Complaint with the Clerk of Court. Signed by Judge R David Proctor on 11/2/2020. (KAM)
October 30, 2020 Filing 2613 Joint MOTION for Entry of Stipulation and Proposed Order Regarding Protected Health Information and Personally Identifiable Information for Subscriber Settlement by Defendants' Counsel. (Attachments: #1 Text of Proposed Order - Stipulation & Proposed Order)(Zott, David)
October 30, 2020 Filing 2612 Brief Defendants' Brief in Support of Subscriber Plaintiffs' Motion for Preliminary Approval of Proposed Class Settlement. (Zott, David)
October 30, 2020 Filing 2611 MOTION for Settlement Subscriber Plaintiffs Motion for Approval of Plan for Notice and Appointment of Claims Administrator by Plaintiffs' Counsel. (Attachments: #1 Memorandum of Law in Support of Motion for Approval of Plan for Notice and Appointment of Claims Administrator, #2 Declaration of Jennifer M. Keough Regarding Proposed Notice Plan (with Exhibits A-L))(Hausfeld, Michael) Modified on 12/1/2020 (KAM, ).
October 30, 2020 Filing 2610 MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement by Plaintiffs' Counsel. (Attachments: #1 Memorandum of Law in Support of Motion for Preliminary Approval of Proposed Class Settlement, #2 Exhibit A Settlement Agreement, #3 Exhibit B [Proposed] Order Preliminarily Approving Settlement, #4 Exhibit C [Proposed] Final Approval Order of Settlement and Final Judgment and Order of Dismissal with Prejudice, #5 Exhibit D [Proposed] Plan of Distribution, #6 Exhibit E Settlement Class Counsel Declaration, #7 Exhibit F Self-Funded Sub-Class Settlement Counsel Declaration, #8 Exhibit G Declaration of Kenneth R. Feinberg, #9 Exhibit H Declaration of Darrell Chodorow, #10 Exhibit I Declaration of Dr. Daniel Rubinfeld, #11 Exhibit J Declaration of Dr. Ariel Pakes, #12 Exhibit K Declaration of Edgar C. Gentle)(Hausfeld, Michael) Modified on 12/1/2020 (KAM, ).
October 30, 2020 Filing 2609 MOTION for Leave to File Fourth Amended Consolidated Class Action Complaint by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Proposed Complaint)(Guin, David)
October 22, 2020 Opinion or Order Filing 2608 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 10/22/2020. (KEK)
October 22, 2020 Opinion or Order Filing 2607 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 10/22/2020. (KEK)
October 9, 2020 Filing 2606 ***Document Sealed - Defendants' Opposition to #2604 Renewed Motion for Class Certification. (KEK)
October 9, 2020 Filing 2605 RESPONSE in Opposition re #2604 MOTION to Certify Class Provider Plaintiffs' Renewed Motion for Class Certification and Supporting Memorandum filed by Defendants' Counsel. (Hoover, Craig)
October 9, 2020 Filing 2604 MOTION to Certify Class Provider Plaintiffs' Renewed Motion for Class Certification and Supporting Memorandum by Plaintiffs' Counsel. (Whatley, Joe)
October 1, 2020 Opinion or Order Filing 2603 SEVENTH AMENDED SCHEDULING ORDER (EXCLUSIVE TO PROVIDER TRACK) - certain time limits apply as set out in this order. Signed by Judge R David Proctor on 9/30/2020. (KAM)
September 24, 2020 Opinion or Order Filing 2602 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney Casey R. Fronk. #2601 The Motion #2601 is GRANTED. The Clerk of the Court is DIRECTED to TERMINATE attorney Fronk. Signed by Judge R David Proctor on 9/24/2020. (KAM)
September 24, 2020 Filing 2601 MOTION to Withdraw as Attorney Casey R. Fronk by California Physicians Service d/b/a Blue Shield of California. (Fronk, Casey)
September 22, 2020 Opinion or Order Filing 2600 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 9/22/2020. (KEK)
August 31, 2020 Filing 2599 STATUS REPORT Joint Report Regarding Proposed Schedule by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit 1- Proposed Seventh Amended Scheduling Order)(Hoover, Craig)
August 25, 2020 Opinion or Order Filing 2598 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2020 through July 31, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $4,000.00. Signed by Judge R David Proctor on 8/25/2020. (KAM)
August 25, 2020 Opinion or Order Filing 2597 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2020 through July 31, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $32,500.00. Signed by Judge R David Proctor on 8/25/2020. (KAM)
August 21, 2020 Filing 2596 NOTICE of Change of Address by Benjamin L Barnes (Barnes, Benjamin)
July 30, 2020 Filing 2595 Transcript of Proceedings held on July 28, 2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/20/2020. Redacted Transcript Deadline set for 8/30/2020. Release of Transcript Restriction set for 10/28/2020. (KAM)
July 29, 2020 Opinion or Order Filing 2594 ORDER The parties SHALL meet and confer about (1) lifting the stay and (2) developing a schedule for proceedings once the stay is lifted; On or before August 31, 2020,1 the parties SHALL file a joint report regarding lifting the stay and how matters on the Providers claims should proceed thereafter. Signed by Judge R David Proctor on 7/29/2020. (KAM)
July 28, 2020 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 7/28/2020. A separate order will be entered by the court setting the status conference for August 2020. (Court Reporter Risa Entrekin.) (KLL)
July 24, 2020 Opinion or Order Filing 2593 TEXT ORDER - This matter is before the court on the Withdrawal of Appearance filed by Jason M. Knott. #2592 . The Withdrawal #2592 is GRANTED. The Clerk of the Court is DIRECTED to TERMINATE Attorney Knott. Signed by Judge R David Proctor on 7/24/2020. (KAM)
July 24, 2020 Filing 2592 MOTION to Withdraw as Attorney for Subscriber Plaintiffs [Jason M. Knott] by Plaintiffs' Counsel. (Knott, Jason)
July 24, 2020 Filing 2591 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on July 28, 2020 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
July 22, 2020 Opinion or Order Filing 2590 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from June 1, 2020 through June 30, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $47,000.00. Signed by Judge R David Proctor on 7/22/2020. (KAM)
July 22, 2020 Opinion or Order Filing 2589 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from June 1, 2020 through June 30, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $5,000.00. Signed by Judge R David Proctor on 7/22/2020. (KAM)
July 7, 2020 Opinion or Order Filing 2588 ORDER Telephone Conference set for 7/28/2020 09:30 AM before Judge R David Proctor. The Special Master will provide a call-in number for the telephone status conference, and information regarding caucuses to take place following the status conference. On or before Friday, July 24, 2020, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 7/7/2020. (KAM)
June 26, 2020 Filing 2587 NOTICE of Change of Address by William A Isaacson (Isaacson, William)
June 23, 2020 Filing 2586 Transcript of Proceedings held on 6/22/2020, before Judge R David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/14/2020. Redacted Transcript Deadline set for 7/24/2020. Release of Transcript Restriction set for 9/21/2020. (KAM)
June 22, 2020 Opinion or Order Filing 2585 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2020 through May 31, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 6/22/2020. (KAM)
June 22, 2020 Opinion or Order Filing 2584 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2020 through May 31, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $46,500.00. Signed by Judge R David Proctor on 6/22/2020. (KAM)
June 22, 2020 Minute Entry for proceedings held before Judge R David Proctor: Telephone Status Conference held on 6/22/2020. The July status conference will be set by separate court order. (Court Reporter Risa Entrekin.) (KLL)
June 18, 2020 Filing 2583 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on June 22, 2020 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
June 2, 2020 Filing 2582 NOTICE by Defendants' Counsel Notice of Filing Joint Comprehensive Index Regarding Class Certification Material #2563 #2491 #2487 #2555 #2493 #2489 #2492 #2488 #2466 #2557 #2476 #2468 #2558 #2475 #2465 #2559 #2480 #2478 #2409 #2567 #2410 #2407 #2566 #2411 #2421 #2413 #2414 #2412 (Attachments: #1 Exhibit Joint Index of Class Certification Briefing and Related Filings)(Hogewood, Mark)
June 2, 2020 Filing 2581 NOTICE by Defendants' Counsel Notice of Filing Joint Comprehensive Index Regarding Exhibits to the Motions for Summary Judgment Related to the Standard of Review #1353 #1349 #1429 #1432 #1551 #1556 #1348 #2575 #2021 #1434 #1435 #2016 #2576 #2017 #1350 #2001 #1431 #2002 #1557 #2003 (Attachments: #1 Exhibit Joint Index of Standard of Review Briefing Exhibits)(Hogewood, Mark)
May 28, 2020 Opinion or Order Filing 2580 ORDER UNSEALING CERTAIN DOCUMENTS - In light of the Report, the Clerk of the Court is directed to unseal the following document and/or exhibit: 6/18/2019 Subscriber Plaintiffs' Exhibit 373 ( #2453 -5). Signed by Judge R David Proctor on 5/28/2020. (KEK)
May 28, 2020 Filing 2579 NOTICE by Defendants' Counsel Joint Notice on Certain Class Certification Material Filed Under Seal #2415 (Hogewood, Mark)
May 28, 2020 Filing 2578 NOTICE by Defendants' Counsel re #1352 Document Sealed,,,,,,,,,,,,,,,,,,,,, #1554 Document Sealed, #1555 Document Sealed,, #1351 Document Sealed, Joint Notice on Certain Standard of Review Materials Filed Under Seal (Hogewood, Mark)
May 27, 2020 Opinion or Order Filing 2577 ORDER Telephone Status Conference set for 6/22/2020 09:30 AM before Judge R David Proctor. The Special Master will provide a call-in number for the telephone status conference, and information regarding caucuses to take place following the status conference. On or before Thursday, June 18, 2020, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 5/27/2020. (KAM)
May 26, 2020 Filing 2576 ***Document Sealed*** SUBSCRIBER PLAINTIFF'S REDACTED copy of privileged material contained within Reply Memorandum of points and authorities in further support of Subscriber Plaintiff's Motion for Partial Summary Judgment on the application of the Per Se Rule originally filed on September 15, 2017 #1554 (KAM)
May 26, 2020 Filing 2575 ***Document Sealed*** SUBSCRIBER PLAINTIFF'S Redacted copy of privileged material contained within Memorandum of points and authorities in support of Subscriber Plaintiff's Motion for Partial Summary Judgment on the application of the Per Se Rule originally filed July 17, 2017 #1351 (KAM)
May 26, 2020 Opinion or Order Filing 2574 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from April 1, 2020 through April 30, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $50,500.00. Signed by Judge R David Proctor on 5/26/2020. (KAM)
May 26, 2020 Opinion or Order Filing 2573 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from April 1, 2020 through April 30, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $5,000.00. Signed by Judge R David Proctor on 5/26/2020. (KAM)
May 20, 2020 Filing 2572 Transcript of Proceedings held on 5/19/2020, before Judge R David Proctor. Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/10/2020. Redacted Transcript Deadline set for 6/20/2020. Release of Transcript Restriction set for 8/18/2020. (KEK)
May 19, 2020 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 5/19/2020. A separate order will be entered setting the June status conference. (Court Reporter Risa Entrekin.) (KLL)
May 15, 2020 Filing 2571 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on May 19 2020 by Special Master. filed by Special Master (Gentle, Edgar)
May 11, 2020 Opinion or Order Filing 2570 ORDER UNSEALING CERTAIN DOCUMENTS the Clerk of the Court is directed to unseal the following documents and/or exhibits: [1350-23] and {1436-46]. Signed by Judge R David Proctor on 5/11/2020. (KAM)
May 8, 2020 Filing 2569 NOTICE by Plaintiffs' Counsel re #1555 Document Sealed, of Subscribers' Amended Filing of Exhibit 318 [1555-2] (Attachments: #1 Exhibit 1)(Stokes, Tammy)
May 8, 2020 Filing 2568 NOTICE by Plaintiffs' Counsel re #2457 Evidentiary Material,,,, of Subscribers' Amended Filing of Exhibit 414 [2457-41] (Attachments: #1 Exhibit 1)(Stokes, Tammy)
May 8, 2020 Filing 2567 NOTICE by Plaintiffs' Counsel re #2410 Brief, of Subscribers' Amended Filing (Attachments: #1 Exhibit 1)(Stokes, Tammy)
May 8, 2020 Filing 2566 NOTICE by Plaintiffs' Counsel re #2408 Brief of Subscribers Amended Filing (Attachments: #1 Exhibit 1)(Stokes, Tammy)
April 30, 2020 Filing 2565 NOTICE by Defendants' Counsel re #2564 Evidentiary Material,,,,,,, Notice of Sealed Filing Regarding Evidentiary Submission in Support of Defendants' Oppostion to Subscribers' and Providers' Motions for Class Certification (Kimble, Cavender) (Additional attachment(s) added on 5/4/2020: #1 Exhibit 165, #2 Exhibit 166, #3 Exhibit 174, #4 Exhibit 176, #5 Exhibit 178, #6 Exhibit 180, #7 Exhibit 181, #8 Exhibit 190, #9 Exhibit 191, #10 Exhibit 194, #11 Exhibit 195, #12 Exhibit 196, #13 Exhibit 197, #14 Exhibit 198, #15 Exhibit 201, #16 Exhibit 202, #17 Exhibit 203, #18 Exhibit 205, #19 Exhibit 207, #20 Exhibit 210, #21 Exhibit 212, #22 Exhibit 213, #23 Exhibit 213.5, #24 Exhibit 216, #25 Exhibit 217, #26 Exhibit 218, #27 Exhibit 219, #28 Exhibit 220, #29 Exhibit 221, #30 Exhibit 222, #31 Exhibit 223, #32 Exhibit 225, #33 Exhibit 227, #34 Exhibit 228, #35 Exhibit 230, #36 Exhibit 236, #37 Exhibit 237, #38 Exhibit 239, #39 Exhibit 240, #40 Exhibit 241, #41 Exhibit 242, #42 Exhibit 243, #43 Exhibit 244, #44 Exhibit 245, #45 Exhibit 246, #46 Exhibit 247, #47 Exhibit 261, #48 Exhibit 278, #49 Exhibit 279 part 1, #50 Exhibit 279 part 2, #51 Exhibit 280, #52 Exhibit 281, #53 Exhibit 282) (KAM, ). Modified on 5/19/2020 (KAM, ).
April 30, 2020 Filing 2564 Evidentiary Material re: #2491 Document Sealed Evidentiary Submission In Support Of Defendants Opposition To Subscribers And Providers Motions For Class Certification. (Attachments: #1 Exhibit DX167, #2 Exhibit DX168, #3 Exhibit DX169, #4 Exhibit DX170, #5 Exhibit DX171, #6 Exhibit DX172, #7 Exhibit DX173, #8 Exhibit DX174, #9 Exhibit DX175, #10 Exhibit DX176, #11 Exhibit DX177, #12 Exhibit DX178, #13 Exhibit DX179, #14 Exhibit DX180, #15 Exhibit DX182, #16 Exhibit DX183, #17 Exhibit DX184, #18 Exhibit DX185, #19 Exhibit DX186, #20 Exhibit DX187, #21 Exhibit DX188, #22 Exhibit DX189, #23 Exhibit DX190, #24 Exhibit DX191, #25 Exhibit DX192, #26 Exhibit DX193, #27 Exhibit DX199, #28 Exhibit DX200, #29 Exhibit DX203, #30 Exhibit DX204, #31 Exhibit DX205, #32 Exhibit DX206, #33 Exhibit DX207, #34 Exhibit DX208, #35 Exhibit DX209, #36 Exhibit DX211, #37 Exhibit DX214, #38 Exhibit DX215, #39 Exhibit DX223, #40 Exhibit DX224, #41 Exhibit DX226, #42 Exhibit DX228, #43 Exhibit DX229, #44 Exhibit DX231, #45 Exhibit DX232, #46 Exhibit DX233, #47 Exhibit DX234, #48 Exhibit DX235, #49 Exhibit DX238, #50 Exhibit DX248, #51 Exhibit DX249, #52 Exhibit DX250, #53 Exhibit DX251, #54 Exhibit DX252, #55 Exhibit DX253, #56 Exhibit DX254, #57 Exhibit DX255, #58 Exhibit DX256, #59 Exhibit DX257, #60 Exhibit DX258, #61 Exhibit DX259, #62 Exhibit DX260, #63 Exhibit DX260.5, #64 Exhibit DX261, #65 Exhibit DX262, #66 Exhibit DX263, #67 Exhibit DX264, #68 Exhibit DX265, #69 Exhibit DX266, #70 Exhibit DX267, #71 Exhibit DX268, #72 Exhibit DX269, #73 Exhibit DX270, #74 Exhibit DX271, #75 Exhibit DX272, #76 Exhibit DX273, #77 Exhibit DX274, #78 Exhibit DX275, #79 Exhibit DX276, #80 Exhibit DX277)(Hoover, Craig)
April 30, 2020 Filing 2563 NOTICE by Defendants' Counsel re #2491 Document Sealed Defendants Notice Of Re-Filing Of Defendants Opposition To Subscribers And Providers Motions For Class Certification (Attachments: #1 Exhibit Defendants Opposition To Subscribers And Providers Motions For Class Certification)(Hoover, Craig)
April 28, 2020 Opinion or Order Filing 2562 ORDER Telephone Status Conference set for 5/19/2020 09:30 AM before Judge R David Proctor. The Special Master will provide a call-in number for the telephone status conference, and for caucuses to take place following the status conference. On or before Friday, May 15, 2020, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 4/28/2020. (KAM)
April 27, 2020 Opinion or Order Filing 2561 AMENDED ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David Proctor on 4/27/2020. (KAM)
April 27, 2020 Filing 2560 Brief REPORT & RECOMMENDATION OF SEAL MASTER REGARDING CERTAIN DEFENDANTS JUSTIFICATIONS TO MAINTAIN SEAL ON CERTAIN EXHIBITS TO SUBSCRIBERS MOTIONS FOR CLASS CERTIFICATION. (Harwood, R)
April 24, 2020 Filing 2559 NOTICE by Blue Cross Blue Shield Michigan re #2472 Evidentiary Material, #2471 Motion to Strike, Defendants Notice of Re-filing Defendants Motion to Exclude Provider Plaintiffs Expert Dr. Daniel J. Slottje and Certain Related Exhibits (Attachments: #1 Defendants' Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje, #2 Defendants' Memorandum of Law in Support of Their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje, #3 Exhibit 1 - Excerpts of Dr. Slottje Deposition Transcript)(Stenerson, Todd)
April 24, 2020 Filing 2558 NOTICE by Defendants' Counsel re #2475 Document Sealed Defendants Notice of Re-Filing of Memorandum of Law In Support of Defendants Motion to Exclude or Strike The Expert Testimony, Opinions, And Analysis of Dr. Ariel Pakes And Certain Exhibits Thereto (Attachments: #1 Exhibit Memorandum of Law In Support Of Defendants Motion to Exclude or Strike The Expert Testimony, Opinions, And Analysis of Dr. Ariel Pakes, #2 Exhibit 9, #3 Exhibit 14)(Hogan, E)
April 24, 2020 Filing 2557 NOTICE by Defendants' Counsel re #2476 Document Sealed Defendants Notice of Re-Filing of Memorandum of Law In Support of Defendants Motion to Exclude or Strike Expert Testimony, Opinions, And Analysis of Dr. Deborah Haas-Wilson And One Exhibit Thereto (Attachments: #1 Exhibit Memorandum Of Law In Support Of Defendants Motion To Exclude Or Strike Expert Testimony, Opinions, And Analysis Of Dr. Deborah Haas-Wilson, #2 Exhibit 9)(Hogan, E)
April 24, 2020 Opinion or Order Filing 2556 ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David Proctor on 4/23/2020. (KAM)
April 24, 2020 Filing 2555 NOTICE by Defendants' Counsel re #2485 Notice (Other), #2486 Notice (Other) Defendants' Notice of Re-Filing Certain Expert Executive Summaries (Attachments: #1 Exhibit - Executive Summary of Expert Report of Dr. Kevin R. Murphy, Ph.D., #2 Exhibit - Executive Summary of Expert Report of Dr. Erin E. Trish, Ph.D.)(Donnell, Sarah)
April 22, 2020 Opinion or Order Filing 2554 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2020 through March 31, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 4/22/2020. (KAM)
April 22, 2020 Opinion or Order Filing 2553 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2020 through March 31, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $62,500.00. Signed by Judge R David Proctor on 4/22/2020. (KAM)
April 17, 2020 Filing 2552 Transcript of Proceedings held on April 16, 2020, before Judge R David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020. (KAM)
April 16, 2020 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 4/16/2020. A separate order will be entered setting May status conference. (Court Reporter Risa Entrekin.) (KLL)
April 13, 2020 Filing 2551 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on April 16, 2020 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
March 23, 2020 Opinion or Order Filing 2550 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from February 1, 2020 through February 29, 2020 in this matter as it relates to services rendered for both sides of the case, and totaling $4,500.00. Signed by Judge R David Proctor on 3/23/2020. (KAM)
March 23, 2020 Opinion or Order Filing 2549 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from February 1, 2020 through February 29, 2020 in this matter relating solely to services provided to the Plaintiffs, and totaling $50,800.00. Signed by Judge R David Proctor on 3/23/2020. (KAM)
March 17, 2020 Opinion or Order Filing 2548 ORDER Telephone Status Conference set for 4/16/2020 09:30 AM before Judge R David Proctor; The Special Master will provide a call-in number for the telephone status conference, and for caucuses to take place following the status conference; On or before Monday, April 13, 2020, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 3/17/2020. (KAM)
March 6, 2020 Filing 2547 SEALED Transcript of Proceedings held on 3/4/2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/4/2020. (KAM)
March 4, 2020 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 3/4/2020. The April status conference will be set by separate order. (Court Reporter Risa Entrekin. TRANSCRIPT OF PROCEEDINGS SEALED) (KLL)
March 2, 2020 Filing 2546 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on March 4, 2020 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
February 24, 2020 Opinion or Order Filing 2545 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 2/24/2020. (JLC)
February 24, 2020 Opinion or Order Filing 2544 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 2/24/2020. (JLC)
February 19, 2020 Opinion or Order Filing 2543 ORDER Telephone Status Conference set for 3/4/2020 09:30 AM before Judge R David Proctor. The Special Master will provide a call-in number for the telephone status conference, and for caucuses to take place following the status conference. On or before Monday, March 2, 2020, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 2/19/2020. (KAM)
February 17, 2020 Filing 2542 NOTICE by Plaintiffs' Counsel Change of Firm and Address (Cain, Christopher)
February 13, 2020 Opinion or Order Filing 2541 ORDER The status of the pending stay of this case will be discussed at the next status conference, which the court anticipates will be set in April 2020. In light of the continued stay, the Clerk of the Court is directed to administratively terminate all pending motions. Any such motions may be re-filed, if appropriate, after the stay is lifted. Signed by Judge R David Proctor on 2/13/2020. (KAM)
February 13, 2020 Filing 2540 Transcript of Proceedings held on 1/31/2020, before Judge R. David Proctor. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy (JLC)
January 31, 2020 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 1/31/2020. The March status conference will be set by separate court order. (Court Reporter Howard Jones.) (Gretchen O'Brien, CRD)
January 27, 2020 Filing 2539 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on January 31, 2020 at 10:00 a.m. in Tampa, Florida by Special Master. filed by Special Master (Gentle, Edgar)
January 23, 2020 Opinion or Order Filing 2538 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 1/23/2019. (JLC)
January 23, 2020 Opinion or Order Filing 2537 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 1/23/2019. (JLC)
January 6, 2020 Opinion or Order Filing 2536 ORDER By agreement of the parties, all deadlines will remain STAYED until further order of the court. The status of the stay will be discussed at the January 31, 2020 status conference. Signed by Judge R David Proctor on 1/6/2020. (KAM)
January 3, 2020 Opinion or Order Filing 2535 TEXT ORDER This matter is before the court on the Motions to Withdraw filed by Attorneys Laura Alexander #2533 and Douglas N. Robertson #2534 . The Motions are GRANTED. The Clerk of the Court is directed to terminate attorneys Alexander and Robertson. Signed by Judge R David Proctor on 1/3/2020. (KAM)
December 31, 2019 Filing 2534 MOTION to Withdraw as Attorney by UnitedHealth Group Incorporated. (Robertson, Douglas)
December 31, 2019 Filing 2533 MOTION to Withdraw as Attorney Laura Alexander by Plaintiffs' Counsel. (Small, Daniel)
December 30, 2019 Opinion or Order Filing 2532 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2019 through November 30, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $47,200.00. Signed by Judge R David Proctor on 12/30/2019. (KAM)
December 30, 2019 Opinion or Order Filing 2531 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2019 through November 30, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $1,500.00. Signed by Judge R David Proctor on 12/30/2019. (KAM)
December 26, 2019 Filing 2530 Transcript of Proceedings held on 12/19/2019, before Judge R. David Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/16/2020. Redacted Transcript Deadline set for 1/26/2020. Release of Transcript Restriction set for 3/25/2020. (KAM)
December 20, 2019 Opinion or Order Filing 2529 TEXT ORDER GRANTING #2528 MOTION to Withdraw as Attorney. Charles L. Sweeris terminated. Signed by Judge R David Proctor on 12/20/2019. (JLC)
December 20, 2019 Filing 2528 MOTION to Withdraw as Attorney Charles L. Sweeris by California Physicians Service d/b/a Blue Shield of California. (Sweeris, Charles)
December 20, 2019 Opinion or Order Filing 2527 ORDER that this case is SET for a Status Conference at 10.00 a.m. on Friday, January 31, 2020, at the Sam M. Gibbons United States Courthouse, 801 North Florida Avenue, Tampa, Florida 33602, in the seventeenth floor courtroom. The Special Master will provide a call-in number for the Telephone Status Conference. On or before Monday, January 27, 2020, the parties SHALL submit a Joint Report containing a proposed agenda of items the parties wish to be addressed during the Status Conference. Signed by Judge R David Proctor on 12/20/2019. (JLC)
December 19, 2019 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 12/19/2019. (Court Reporter Risa Entrekin.) (KLL)
December 16, 2019 Filing 2526 STATUS REPORT Report Regarding Proposed Agenda for Telephonic Status Conference on December 19, 2019 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
December 10, 2019 Opinion or Order Filing 2525 ORDER The status conference currently set at 9:30 a.m. on Thursday, December 19, 2019, will now be conducted by telephone. The Special Master will provide a call-in number for the telephone status conference, and for caucuses to take place following the status conference. Counsel planning to attend the telephone conference and caucuses should inform the Special Master of their plans to attend, and the parties SHALL designate those persons who plan to address the court on the calls.1 On or before Monday, December 16, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the telephone status conference. Signed by Judge R David Proctor on 12/10/2019. (KAM)
November 26, 2019 Opinion or Order Filing 2524 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2019 through October 31, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $8,500.00. Signed by Judge R David Proctor on 11/26/2019. (KAM)
November 26, 2019 Opinion or Order Filing 2523 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2019 through October 31, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $59,500.00. Signed by Judge R David Proctor on 11/26/2019. (KAM)
November 8, 2019 Opinion or Order Filing 2522 ORDER SETTING STATUS CONFERENCE; A Status Conference is hereby set for Thursday, December 19, 2019 at 9:30 a.m., in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. The Special Master will provide a call-in number for the Conference. On or before Monday, December 16, 2019, the parties SHALL submit a Joint Report containing a proposed agenda of items the parties wish to be addressed during the Status Conference. Signed by Judge R David Proctor on 11/8/2019. (JLC) Modified on 11/12/2019 (KLL, ).
October 23, 2019 Opinion or Order Filing 2521 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2019 through September 30, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 10/22/2019. (KAM)
October 23, 2019 Opinion or Order Filing 2520 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2019 through September 30, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $51,000.00. Signed by Judge R David Proctor on 10/22/2019. (KAM)
October 17, 2019 Filing 2519 Transcript of Proceedings held on 10/17/2019, before Judge R. David Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/17/2019. Release of Transcript Restriction set for 1/15/2020. (KAM)
October 17, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 10/17/2019. (Court Reporter Risa Entrekin.) (KLL)
October 14, 2019 Filing 2518 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on October 17, 2019 at 10:00 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
September 25, 2019 Filing 2517 Transcript of Proceedings(Telephonic Status Conference) held on 9/23/2019, before Judge R. David Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/16/2019. Redacted Transcript Deadline set for 10/26/2019. Release of Transcript Restriction set for 12/24/2019. (KAM)
September 24, 2019 Opinion or Order Filing 2516 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from August 1, 2019 through August 31, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $3,500.00. Signed by Judge R David Proctor on 9/24/2019. (KAM)
September 24, 2019 Opinion or Order Filing 2515 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from August 1, 2019 through August 31, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $45,500.00. Signed by Judge R David Proctor on 9/24/2019. (KAM)
September 23, 2019 Opinion or Order Filing 2514 ORDER - This case is SET for a status conference at 10:00 a.m. on Thursday, October 17, 2019 in Chicago, Illinois at the offices of Kirkland & Ellis LLP, 300 North LaSalle, Chicago, IL 60654. The Special Master will provide a call-in number for the telephone status conference. On or before Monday, October 14, 2019, (1) the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference; and (2) for security purposes, counsel attending in person SHALL notify the Special Master. Signed by Judge R David Proctor on 9/23/2019. (KEK)
September 23, 2019 Opinion or Order Filing 2513 ORDER - The Sixth Amended Scheduling Order (Doc. # 2503) is VACATED. All deadlines are further STAYED for ninety (90) days. If appropriate, the stay may be further extended by agreement among the parties or by the court. In the event the stay is not further extended, the parties SHALL meet and confer upon expiration of the stay and, within two weeks from the expiration of the stay, the parties SHALL submit a joint filing with their respective positions on the schedule moving forward. Signed by Judge R David Proctor on 9/23/2019. (KEK)
September 23, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 9/23/2019. (Court Reporter Risa Entrekin.) (KLL)
September 19, 2019 Filing 2512 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on September 23, 2019 at 10:00 A.M. by Special Master. filed by Special Master (Gentle, Edgar)
September 3, 2019 Opinion or Order Filing 2511 ORDER Telephone Status Conference set for 9/23/2019 10:00 AM before Judge R David Proctor. The Special Master will provide a call-in number for the telephone status conference, and for caucuses to take place following the status conference. On or before Thursday, September 19, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 9/3/2019. (KAM)
August 22, 2019 Opinion or Order Filing 2510 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2019 through July 31, 2019 in this matter as it relates to services rendered for both sides of the case and totaling $9,000.00. Signed by Judge R David Proctor on 8/22/2019. (JLC)
August 22, 2019 Opinion or Order Filing 2509 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2019 through July 31, 2019 in this matter relating solely to services provided to the Plaintiffs, totaling $43,500.00. Signed by Judge R David Proctor on 8/22/2019. (JLC)
August 15, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 8/15/2019. (Court Reporter Risa Entrekin.) (KLL)
August 13, 2019 Filing 2508 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on August 15, 2019 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
August 2, 2019 Opinion or Order Filing 2507 ORDER Status Conference set for 8/15/2019 09:30 AM before Judge R David Proctor. The Special Master will provide a call-in number for the conference. On or before Tuesday, August 13, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 8/2/2019. (KAM)
July 26, 2019 Filing 2506 NOTICE of Appearance by Edward S Bloomberg on behalf of Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Bloomberg, Edward)
July 26, 2019 Filing 2505 NOTICE of Appearance by John G Schmidt, Jr on behalf of Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Schmidt, John)
July 26, 2019 Filing 2504 NOTICE of Appearance by Anna M Clark on behalf of Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Clark, Anna)
July 26, 2019 Opinion or Order Filing 2503 SIXTH AMENDED SCHEDULING ORDER: certain time limits apply as set out in this order. Signed by Judge R David Proctor on 7/25/2019. (KAM)
July 25, 2019 Filing 2502 Transcript of Proceedings held on 7/22/2019, before Judge R David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/15/2019. Redacted Transcript Deadline set for 8/25/2019. Release of Transcript Restriction set for 10/23/2019. (KEK)
July 22, 2019 Opinion or Order Filing 2501 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 7/22/2019. (KEK)
July 22, 2019 Opinion or Order Filing 2500 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 7/22/2019. (KEK)
July 22, 2019 Opinion or Order Filing 2499 TEXT ORDER-This matter is before the court on the Motion to Withdraw as Counsel filed by Erin C. Burns. #2494 The Motion is GRANTED. The Clerk of the Court is directed to terminate attorney Burns. Signed by Judge R David Proctor on 7/22/2019. (KEK)
July 22, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 7/22/2019. (Court Reporter Risa Entrekin.) (KLL)
July 17, 2019 Filing 2498 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on July 22, 2019 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
July 17, 2019 Opinion or Order Filing 2497 ORDER The court again CONTINUES the deadline for addressing how ASOs might fit into or relate to this MDL, and ORDERS that, in preparation for the August 2019 status conference, the parties SHALL meet and confer and be prepared to discuss a plan for addressing ASOs. In advance of the August hearing, the parties SHALL submit a joint report including a list of (1) all ASOs and (2) who may represent the ASOs in any discussions about resolution or other litigation matters. Signed by Judge R David Proctor on 7/17/2019. (KAM)
July 17, 2019 Filing 2496 NOTICE by Defendants' Counsel re #2491 Document Sealed Notice of Correction to Sealed Filing (Hoover, Craig)
July 16, 2019 Filing 2495 NOTICE of Change of Address by Stephen A Walsh (Walsh, Stephen)
July 16, 2019 Filing 2494 MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Burns, Erin)
July 15, 2019 Filing 2493 ***Document Sealed***Executive Summary of Expert Report of Dr. Kevin R. Murphy, PH.D (KAM)
July 15, 2019 Filing 2492 ***Document Sealed*** Executive Summary of Expert Report of Dr. Erin E. Trish PH.D. (KAM)
July 15, 2019 Filing 2491 ***Document Sealed*** DEFENDANTS' Opposition to Subscribers' and Providers' Motions for Class Certification (KAM)
July 15, 2019 Filing 2490 Opposition to re #2415 , #2409 , #2407 Defendants' Opposition to Subscribers' and Providers' Motions for Class Certification filed by Defendants' Counsel. (Hoover, Craig)
July 15, 2019 Filing 2489 NOTICE by Defendants' Counsel Executive Summary of the Expert Report of Dr. Janusz Ordover (Hoover, Craig)
July 15, 2019 Filing 2488 NOTICE by Defendants' Counsel Executive Summary of the Expert Report of Dr. Lawrence Wu (Hoover, Craig)
July 15, 2019 Filing 2487 NOTICE by Defendants' Counsel Defendants' Executive Summary of Expert Report of Dr. David S. Evans (Hoover, Craig)
July 15, 2019 Filing 2486 NOTICE by Defendants' Counsel Executive Summary of Expert Report of Dr. Erin E. Trish, PhD (Hoover, Craig)
July 15, 2019 Filing 2485 NOTICE by Defendants' Counsel Executive Summary of Expert Report of Dr. Kevin R. Murphy PhD (Hoover, Craig)
July 15, 2019 Filing 2484 NOTICE by Defendants' Counsel of Filing Under Seal (Kimble, Cavender)
July 11, 2019 Opinion or Order Filing 2483 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by Winnifred A. Lewis. #2482 The Motion is GRANTED. The Clerk of the Court is directed to terminate attorney Lewis. Signed by Judge R David Proctor on 7/11/2019. (KAM)
July 10, 2019 Filing 2482 MOTION to Withdraw as Attorney Winnifred Lewis by Blue Cross Blue Shield Antitrust Litigation MDL 2406, Blue Cross and Blue Shield of Alabama. (Lewis, Winnifred)
July 2, 2019 Filing 2481 ***Document Sealed*** SUBSCRIBER'S OPPOSITION TO DEFENDANTS' REQUEST TO SEAL CERTAIN CLASS CERTIFICATION EXHIBITS (KAM)
July 2, 2019 Filing 2479 STATUS REPORT of Subscribers' Opposition to Seal of Certain Class Certification Exhibits by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Stokes, Tammy)
July 2, 2019 Filing 2478 MOTION Corrected Motion to Exclude Provider Plaintiffs' Expert H.E. Frech, III (Filed as #2464 ) by Defendants' Counsel. (Attachments: #1 Corrected Memorandum in Support, #2 Exhibit 1)(Donnell, Sarah)
July 2, 2019 Filing 2477 SEALED MOTION - DEFENDANTS' MOTION TO EXCLUDE PROVIDER PLAINTIFFS' EXPERT DR. DANIEL J. SLOTTJE. (KAM)
July 1, 2019 Filing 2476 ***Document Sealed*** DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OR STRIKE EXPERT TESTIMONY, OPINIONS, AND ANALYSIS OF DR. DEBORAH HAAS-WILSON (KAM)
July 1, 2019 Filing 2475 ***Document Sealed** DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF MOTION TO EXCLUDE OR STRIKE THE EXPERT TESTIMONY, OPINIONS AND ANALYSIS OF DR. ARIEL PAKES (KAM)
July 1, 2019 Filing 2474 Evidentiary Material re: #2471 MOTION to Strike Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: #1 Exhibit 6 Haas-Wilson Deposition Excerpts, #2 Exhibit 7 Cigna Document (filed under seal), #3 Exhibit 8 Humana (Davis) Deposition Excerpts (filed under seal))(Campbell, Andrew)
July 1, 2019 Filing 2473 Evidentiary Material re: #2471 MOTION to Strike Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: #1 Exhibit 5 Fech Deposition Excerpts)(Campbell, Andrew)
July 1, 2019 Filing 2472 Evidentiary Material re: #2471 MOTION to Strike Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: #1 Exhibit Exhibit 1 Slottje Deposition Excerpts (Redacted), #2 Exhibit Exhibit 2 Cigna Deposition Excerpts (filed under seal), #3 Exhibit Exhibit 3 Aetna Deposition Excerpts (filed under seal), #4 Exhibit Exhibit 4 Humana (Findlay) Deposition Excerpts (filed under seal))(Campbell, Andrew)
July 1, 2019 Filing 2471 MOTION to Strike Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje by Blue Cross Blue Shield Michigan. (Attachments: #1 Supplement Memorandum in Support of Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje)(Campbell, Andrew)
July 1, 2019 Filing 2470 NOTICE by Blue Cross Blue Shield Michigan Notice of Filing Under Seal (Campbell, Andrew)
July 1, 2019 Filing 2469 Evidentiary Material re: #2468 MOTION to Exclude Subscriber Plaintiffs' Expert Dr. Ariel Pakes . (Attachments: #1 Exhibit 1- Pakes deposition excerpts (May 10, 2019), #2 Exhibit 2- Ordover declaration, #3 Exhibit 3- Pakes deposition excerpts (June 14, 2019), #4 Exhibit 4- Trish & Herring article, #5 Exhibit 5- Ho & Lee article, #6 Exhibit 6- Filed under seal, #7 Exhibit 7 - Filed under seal, #8 Exhibit 8 - Filed under seal, #9 Exhibit 9 - Filed under seal, #10 Exhibit 10- Alabama health insurance marketplace, #11 Exhibit 11- Individual Products presentation, #12 Exhibit 12- Email re Viva, #13 Exhibit 13- Filed under seal, #14 Exhibit 14- Filed under seal, #15 Exhibit 15- BCBSVT President's Report, #16 Exhibit 16- Lifetime Health Board meeting document, #17 Exhibit 17 - Shepard article, #18 Exhibit 18 - Ho, Pakes, and Shepard article, #19 Exhibit 19 - Proving Antitrust Damages, #20 Exhibit 20 - 2008 United 10-K, #21 Exhibit 21- 2008 Humana 10-K)(Hogan, E)
July 1, 2019 Filing 2468 MOTION to Exclude Subscriber Plaintiffs' Expert Dr. Ariel Pakes by Defendants' Counsel. (Attachments: #1 Memorandum in Support)(Hogan, E)
July 1, 2019 Filing 2467 Evidentiary Material re: #2466 MOTION to Exclude Provider Plaintiffs' Expert Dr. Deborah Haas-Wilson . (Attachments: #1 Exhibit 1- Haas-Wilson deposition excerpts, #2 Exhibit 2- Filed under seal, #3 Exhibit 3- St. Alphonsus declaration, #4 Exhibit 4- Ordover declaration, #5 Exhibit 5- Murphy deposition excerpt, #6 Exhibit 6- Pakes deposition excerpt, #7 Exhibit 7- Filed under seal, #8 Exhibit 8- Filed under seal, #9 Exhibit 9- Filed under seal, #10 Exhibit 10- Filed under seal, #11 Exhibit 11- Project Banner document, #12 Exhibit 12- Kendrick deposition excerpt, #13 Exhibit 13- ABA Section of Antitrust Law)(Hogan, E)
July 1, 2019 Filing 2466 MOTION to Exclude Provider Plaintiffs' Expert Dr. Deborah Haas-Wilson by Defendants' Counsel. (Attachments: #1 Memorandum in Support)(Hogan, E)
July 1, 2019 Filing 2465 MOTION to Exclude in Part Subscriber Plaintiffs' Expert Daniel Rubinfeld by Defendants' Counsel. (Attachments: #1 Memorandum in Support, #2 Exhibit 1)(Donnell, Sarah)
July 1, 2019 Filing 2464 MOTION to Exclude Provider Plaintiffs' Expert H.E. Frech, III by Defendants' Counsel. (Attachments: #1 Memorandum in Support, #2 Exhibit 1)(Donnell, Sarah)
July 1, 2019 Filing 2463 NOTICE by Defendants' Counsel of Filing Under Seal (Kimble, Cavender)
June 26, 2019 Opinion or Order Filing 2462 ORDER Status Conference set for 7/22/2019 09:30 AM in Courtroom 8 of the Hugo L. Black United States Courthouse before Judge R David Proctor; The Special Master will provide a call-in number for the conference; On or before Wednesday, July 17, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 6/26/2019. (KAM)
June 25, 2019 Filing 2461 STATUS REPORT of Blue Cross and Blue Shield of Kansas City and Blue Cross Blue Shield of North Dakota to Maintain Seal on Certain Exhibits to Subscribers' Motion for Class Certification by Defendants' Counsel. filed by Defendants' Counsel (Sooy, Kathleen)
June 24, 2019 Opinion or Order Filing 2460 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2019 through May 31, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $10,000.00. Signed by Judge R David Proctor on 6/24/2019. (KAM)
June 24, 2019 Opinion or Order Filing 2459 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2019 through May 31, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $57,500.00. Signed by Judge R David Proctor on 6/24/2019. (KAM)
June 24, 2019 Filing 2458 Transcript of Proceedings held on June 20, 2019, before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/15/2019. Redacted Transcript Deadline set for 7/25/2019. Release of Transcript Restriction set for 9/22/2019. (KAM)
June 20, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 6/20/2019. (Court Reporter Risa Entrekin.) (KLL)
June 18, 2019 Filing 2457 Evidentiary Material re: #2409 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Alabama Damages Class, #2407 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class . (Attachments: #1 Exhibit 374, #2 Exhibit 375, #3 Exhibit 376, #4 Exhibit 377, #5 Exhibit 378, #6 Exhibit 379, #7 Exhibit 380, #8 Exhibit 381, #9 Exhibit 382, #10 Exhibit 383, #11 Exhibit 384, #12 Exhibit 385, #13 Exhibit 386, #14 Exhibit 387, #15 Exhibit 388, #16 Exhibit 389, #17 Exhibit 390, #18 Exhibit 391, #19 Exhibit 392, #20 Exhibit 393, #21 Exhibit 394, #22 Exhibit 395, #23 Exhibit 396, #24 Exhibit 397, #25 Exhibit 398, #26 Exhibit 399, #27 Exhibit 400, #28 Exhibit 401, #29 Exhibit 402, #30 Exhibit 403, #31 Exhibit 404, #32 Exhibit 405, #33 Exhibit 406, #34 Exhibit 407, #35 Exhibit 408, #36 Exhibit 409, #37 Exhibit 410, #38 Exhibit 411, #39 Exhibit 412, #40 Exhibit 413, #41 Exhibit 414, #42 Exhibit 415)(Hellums, Christopher)
June 18, 2019 Filing 2456 Evidentiary Material re: #2409 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Alabama Damages Class, #2407 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class . (Attachments: #1 Exhibit 330, #2 Exhibit 331, #3 Exhibit 332, #4 Exhibit 333, #5 Exhibit 334, #6 Exhibit 335, #7 Exhibit 336, #8 Exhibit 337, #9 Exhibit 338, #10 Exhibit 339, #11 Exhibit 340, #12 Exhibit 341, #13 Exhibit 342, #14 Exhibit 343, #15 Exhibit 344, #16 Exhibit 345, #17 Exhibit 346, #18 Exhibit 347, #19 Exhibit 348, #20 Exhibit 349, #21 Exhibit 350, #22 Exhibit 351, #23 Exhibit 352, #24 Exhibit 353, #25 Exhibit 354, #26 Exhibit 355, #27 Exhibit 356, #28 Exhibit 357, #29 Exhibit 358, #30 Exhibit 359, #31 Exhibit 360, #32 Exhibit 361, #33 Exhibit 362, #34 Exhibit 363, #35 Exhibit 364, #36 Exhibit 365, #37 Exhibit 366, #38 Exhibit 367, #39 Exhibit 368, #40 Exhibit 369, #41 Exhibit 370, #42 Exhibit 371, #43 Exhibit 372, #44 Exhibit 373)(Hellums, Christopher)
June 18, 2019 Filing 2455 Evidentiary Material re: #2421 SEALED MOTION Provider Plaintiffs' Evidentiary Submission in Support of Their Amended Motion for Class Certification (Public Version). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, part 1, #36 Exhibit 35, part 2, #37 Exhibit 35, part 3, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55)(Quillen, Henry)
June 18, 2019 Filing 2454 ***Document Sealed*** PROVIDER PLAINTIFFS' Notice of filing Sealed Documents Related to Their Evidentiary Submission in Support of their Amended Motion for Class Certification (Attachments: #1 Exhibit 2, #2 Exhibit 15, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 23, #7 Exhibit 43, #8 Exhibit 45, #9 Exhibit 46, #10 Exhibit 47, #11 Exhibit 50, #12 Exhibit 51, #13 Exhibit 54, #14 Exhibit 55) (KAM)
June 18, 2019 Filing 2453 ***Document Sealed** SUBSCRIBER PLAINTIFFS' NOTICE OF FILING DOCUMENTS UNDER SEAL (Attachments: #1 Exhibit 367, #2 Exhibit 368, #3 Exhibit 369, #4 Exhibit 371, #5 Exhibit 373, #6 Exhibit 375, #7 Exhibit 376, #8 Exhibit 377, #9 Exhibit 379, #10 Exhibit 383, #11 Exhibit 384, #12 Exhibit 390, #13 Exhibit 391, #14 Exhibit 405, #15 Exhbiit 406, #16 Exhibit 407, #17 Exhibit 408, #18 Exhibit 409, #19 Exhibit 410, #20 Exhibit 411, #21 Exhibit 412, #22 Exhibit 413, #23 Exhibit 414, #24 Exhibit 415) (KAM)
June 14, 2019 Filing 2452 STATUS REPORT JOINT REPORT REGARDING DISPOSITIVE MOTIONS by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
June 14, 2019 Filing 2451 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on June 20, 2019 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
June 14, 2019 Filing 2450 NOTICE by Plaintiffs' Counsel re #1436 Document Sealed,,,,,,,,, #1555 Document Sealed, #1352 Document Sealed,,,,,,,,,,,,,,,,,,,, of Subscribers Filing Certain Redacted Standard of Review Exhibits (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 176, #6 Ex. 177, #7 Ex. 178, #8 Ex. 179, #9 Ex. 180, #10 Ex. 181, #11 Ex. 182, #12 Ex. 183, #13 Ex. 184, #14 Ex. 185, #15 Ex. 186, #16 Ex. 187, #17 Ex. 188, #18 Ex. 189 part 1, #19 Ex. 189 part 2, #20 Ex. 190 part 1, #21 Ex. 190 part 2, #22 Ex. 191 part 1, #23 Ex. 191 part 2, #24 Ex. 192 part 1, #25 Ex. 192 part 2, #26 Ex. 193 part 1, #27 Ex. 193 part 2, #28 Ex. 194 part 1, #29 Ex. 194 part 2, #30 Ex. 195 part 1, #31 Ex. 195 part 2, #32 Ex. 196 part 1, #33 Ex. 196 part 2, #34 Ex. 197 part 1, #35 Ex. 197 part 2, #36 Ex. 198 part 1, #37 Ex. 198 part 2, #38 Ex. 199, #39 Ex. 210 part 1, #40 Ex. 210 part 2, #41 Ex. 210 part 3, #42 Ex. 215, #43 Ex. 216, #44 Ex. 217, #45 Ex. 249 part 1, #46 Ex. 249 part 2, #47 Ex. 252, #48 Ex. 254, #49 Ex. 256, #50 Ex. 261, #51 Ex. 262, #52 Ex. 282, #53 Ex. 283, #54 Ex. 289, #55 Ex. 323)(Stokes, Tammy)
June 14, 2019 Filing 2449 NOTICE by Plaintiffs' Counsel of Provider Plaintiffs' Filing of Certain Redacted Standard of Review Exhibits (Attachments: #1 Exhibit PP Ex. 8 (1350-9), #2 Exhibit PP Ex. 9 (1350-10), #3 Exhibit PP Ex. 32 (1431-9), #4 Exhibit PP Ex. PP (1431-35), #5 Exhibit PP Ex. VVVV - Part 1 (1431-93), #6 Exhibit PP Ex. VVVV - Part 2 (1431-94), #7 Exhibit PP Ex. VVVV - Part 3 (1431-95))(Quillen, Henry)
June 14, 2019 Filing 2448 NOTICE by Defendants' Counsel re #1349 Document Sealed,,,, #1433 Document Sealed, of Filing Certain Redacted Standard of Review Brief Exhibits (Attachments: #1 Exhibit 50, #2 Exhibit 51, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 58, #6 Exhibit 60, #7 Exhibit 95, #8 Exhibit 112, #9 Exhibit 136, #10 Exhibit 137, #11 Exhibit 146)(Donnell, Sarah)
June 7, 2019 Filing 2447 STATUS REPORT On Personal Jurisdiction Challenges, Joint by Defendants' Counsel. filed by Defendants' Counsel (Hogewood, Mark)
June 6, 2019 Opinion or Order Filing 2446 ORDER This case is SET for a status conference at 9:30 a.m. on Thursday, June 20, 2019, in Courtroom 8 of the Hugo L. Black United States Courthouse; On or before Monday, June 17, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference; the court again CONTINUES the deadline for addressing how ASOs might fit into or relate to this MDL, and ORDERS that, in preparation for the July 2019 status conference, the parties SHALL meet and confer and be prepared to discuss a plan for addressing ASOs. In advance of the July hearing, the parties SHALL submit a joint report including a list of (1) all ASOs and (2) who may represent the ASOs in any discussions about resolution or other litigation matters. Signed by Judge R David Proctor on 6/6/2019. (KAM)
June 4, 2019 Opinion or Order Filing 2445 ORDER This matter is before the court on Defendants Motion for Protective Order Regarding Privileged Materials Cited by Plaintiffs in Support of Class Certification #2425 Motion for Protective Order; the court concludes that thedocuments (or portions of documents) which are the subject of Defendants Motion are not privileged, Defendants Motion for Protective Order (Doc. #2425 ) is DENIED. Signed by Judge R David Proctor on 6/4/2019. (KAM)
May 31, 2019 Filing 2444 NOTICE by Plaintiffs' Counsel of Response to Subpoena (Attachments: #1 Exhibit A)(Whatley, Joe)
May 23, 2019 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery & Status Conference held on 5/23/2019. (Court Reporter Teresa Roberson) (ASL)
May 23, 2019 Opinion or Order Filing 2443 ORDER GRANTING #2439 Joint MOTION to Amend Scheduling Order. FIFTH AMENDED SCHEDULING ORDER; See all deadlines and instructions as set out herein. Signed by Judge R David Proctor on 5/23/2019. (JLC)
May 23, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 5/23/2019. (Court Reporter Teresa Roberson.) (KLL)
May 22, 2019 Filing 2442 STATUS REPORT Regarding Proposed Agenda for Discovery Conference by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
May 22, 2019 Opinion or Order Filing 2441 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from April 1, 2019 through April 30, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $74,000.00. Signed by Judge R David Proctor on 5/22/2019. (KAM)
May 22, 2019 Opinion or Order Filing 2440 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from April 1, 2019 through April 30, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $8,000.00. Signed by Judge R David Proctor on 5/22/2019. (KAM)
May 22, 2019 Filing 2439 Joint MOTION to Amend/Correct Fourth Amended Scheduling Order by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Redline of Proposed Changes, #2 Exhibit B - Proposed Fifth Amended Scheduling Order)(Whatley, Joe)
May 22, 2019 Opinion or Order Filing 2438 ORDER this matter is before the court on Defendant Health Care Service Corporation's #2436 Motion to Correct Rule 30(b)(6) Deposition Testimony; The Motion seeks to amend specific portions of the June 22, 2017 Rule 30(b)(6) deposition testimony of its corporate representative, Steven Hamman, outside the time permitted by Federal Rule of Civil Procedure 30(e). (Id.). The Motion (Doc. # 2436) is GRANTED. Signed by Judge R David Proctor on 5/22/2019. (KAM)
May 21, 2019 Filing 2437 REPLY Brief filed by Defendant Defendants' Counsel re: #2425 MOTION for Protective Order Regarding Privileged Materials Cited by Plaintiffs in Support of Class Certification filed by Defendants' Counsel. (Attachments: #1 Exhibit A - May 16, 2019 M. Hogewood email chain excerpts, #2 Exhibit B - Blix Street Records reply memorandum)(Hogan, E)
May 21, 2019 Filing 2436 Unopposed MOTION to Amend/Correct Rule 30(b)(6) Deposition Testimony by Health Care Service Corporation. (Hogewood, Mark)
May 20, 2019 Opinion or Order Filing 2435 ORDER Discovery Conference set for 5/23/2019 01:30 PM before Magistrate Judge T Michael Putnam. Parties shall jointly submit a proposed agenda of items the parties wish to be addressed at the discovery conference on or before Wednesday, May 22, 2019 at 1:00 p.m.. Signed by Magistrate Judge T Michael Putnam on 5/20/2019. (KAM)
May 17, 2019 Filing 2434 RESPONSE in Opposition re #2425 MOTION for Protective Order Regarding Privileged Materials Cited by Plaintiffs in Support of Class Certification filed by Plaintiffs' Counsel. (Whatley, Joe)
May 17, 2019 Filing 2433 Opposition to re #2425 Subscriber Plaintiffs' Opposition to Defendants' Motion for Protective Order filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Hellums, Christopher)
May 17, 2019 Opinion or Order Filing 2432 TEXT ORDER; This matter is before the court on the Motion to Withdraw as counsel for Blue Cross Blue Shield of Michigan filed by Stephen D. Wadsworth. The Motion is GRANTED. The Clerk of the Court is directed to terminate attorney Wadsworth. Attorney Stephen D Wadsworth terminated. Signed by Judge R David Proctor on 5/17/2019. (JLC)
May 17, 2019 Filing 2431 MOTION to Withdraw as Attorney by Blue Cross Blue Shield Michigan. (Wadsworth, Stephen)
May 17, 2019 Filing 2430 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on May 23, 2019 by Special Master. filed by Special Master (Gentle, Edgar)
May 16, 2019 Opinion or Order Filing 2429 ORDER The court herby CONTINUES the deadlines for the addressing how ASOs might fit into or relate to this MDL, and ORDERS that, in preparation for the June 20, 2019 status conference, the parties SHALL meet and confer and be prepared to discuss a plan for addressing ASOs. In advance of the June hearing, the parties SHALL submit a joint report including a list of (1) all ASOs and (2) who may represent the ASOs in any discussions about resolution or other litigation matters. Signed by Judge R David Proctor on 5/16/2019. (KAM)
May 15, 2019 Filing 2428 NOTICE by Plaintiffs' Counsel Subscriber Plaintiffs' Executive Summary of Merits Expert Reports (Hellums, Christopher)
May 15, 2019 Filing 2427 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Expert Report of Thomas D. Gober, CFE (Whatley, Joe)
May 13, 2019 Opinion or Order Filing 2426 TEXT ORDER-This matter is before the court on Defendants' Motion for Protective Order Regarding Privileged Materials Cited By Plaintiffs in Support of Class Certification. #2425 Subscriber Plaintiffs SHALL respond to the Motion on or before Friday, May 17, 2019. Defendants MAY reply on or before Tuesday, May 21, 2019. Interested parties should be prepared to address the Motion at the status conference on Thursday, May 23, 2019. Signed by Judge R David Proctor on 5/13/2019. (KAM)
May 10, 2019 Filing 2425 MOTION for Protective Order Regarding Privileged Materials Cited by Plaintiffs in Support of Class Certification by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Mar. 25, 2019 Hearing Tr. excerpts, #2 Exhibit 2- Mar. 20, 2019 D. Hogan email, #3 Exhibit 3- Cigna Reply re Motion to Compel, #4 Exhibit 4- Order re in camera review, #5 Exhibit 5- Feb. 28, 2019 Trial Tr. excerpts, #6 Exhibit 6- Cigna Motion to Compel, #7 Exhibit 7- Letter Order re in camera review)(Hogan, E)
April 29, 2019 Opinion or Order Filing 2424 TEXT ORDER This matter is before the court on the Motion to Withdraw or Remove Counsel seeking to remove Susan Smelcer as counsel for Independence Hospital Indemnity Plan, Inc. The Motion is GRANTED. The Clerk of the Court is directed to terminate attorney Smelcer. Signed by Judge R David Proctor on 4/29/2019. (KAM)
April 26, 2019 Filing 2423 MOTION to Withdraw as Attorney or Remove Susan Smelcer as Counsel by Defendants' Counsel. (McLeod, Aaron)
April 23, 2019 Filing 2422 Amended MOTION to Certify Class Provider Plaintiffs' Amended Motion for Class Certification and Supporting Memorandum (Public Version) by Plaintiffs' Counsel. (Whatley, Joe)
April 22, 2019 Filing 2421 ***Document Sealed*** PROVIDER PLAINTIFFS AMENDED MOTION FOR CLASS CERTIFICATION AND SUPPORTING MEMORANDUM (KAM)
April 22, 2019 Opinion or Order Filing 2420 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2019 through March 31, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $62,200.00. Signed by Judge R David Proctor on 4/22/2019. (KAM)
April 22, 2019 Opinion or Order Filing 2419 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2019 through March 31, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $5,500.00. Signed by Judge R David Proctor on 4/22/2019. (KAM)
April 19, 2019 Opinion or Order Filing 2418 ORDER In addition to any items the parties wish to place on the agenda for the May 23, 2019 status conference, the parties SHALL be prepared to discuss how ASOs might fit into or relate to this MDL; the parties SHALL submit a joint report including a list of (1) all ASOs and (2) who may represent the ASOs in any discussions about resolution or other litigation matters. Signed by Judge R David Proctor on 4/19/2019. (KAM)
April 19, 2019 Filing 2417 CORRECTED Transcript of Proceedings held on 3/25/2019, before Judge R. David Proctor. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/10/2019. Redacted Transcript Deadline set for 5/20/2019. Release of Transcript Restriction set for 7/18/2019. (KAM)
April 15, 2019 Filing 2416 MOTION to Certify Class Provider Plaintiffs' Motion for Class Certification and Supporting Memorandum (Public Version) by Plaintiffs' Counsel. (Whatley, Joe)
April 15, 2019 Filing 2415 SEALED MOTION **Provider Plaintiffs' MOTION for Class Certification and Supporting Memorandum. (KAM)
April 15, 2019 Filing 2414 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Expert Report of Deborah Haas-Wilson, Ph.D. (Whatley, Joe)
April 15, 2019 Filing 2413 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Expert Report of H.E. Frech, III, Ph.D. (Whatley, Joe)
April 15, 2019 Filing 2412 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of Expert Report of Daniel J. Slottje, Ph.D. (Whatley, Joe)
April 15, 2019 Filing 2411 NOTICE by Plaintiffs' Counsel Subscriber Plaintiffs' Executive Summary of Expert Reports of Dr. Daniel Rubinfeld and Dr. Ariel Pakes (Hellums, Christopher) (Additional attachment(s) added on 4/15/2019: #1 Unredacted Summary) (KAM, ).
April 15, 2019 Filing 2410 Brief re #2409 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Alabama Damages Class - Memorandum of Law in Support. (Hellums, Christopher) (Additional attachment(s) added on 4/15/2019: #1 Unredacted brief) (KAM, ).
April 15, 2019 Filing 2409 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Alabama Damages Class by Plaintiffs' Counsel. (Hellums, Christopher)
April 15, 2019 Filing 2408 Brief re #2407 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class - Memorandum of Law in Support. (Hellums, Christopher)
April 15, 2019 Filing 2407 MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class by Plaintiffs' Counsel. (Hellums, Christopher) (Additional attachment(s) added on 4/15/2019: #1 Unredacted Brief) (KAM, ).
April 9, 2019 Filing 2406 Transcript of Proceedings held on 3/25/2019, before Judge R. David Proctor. Court Reporter/Transcriber Janet Arledge. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/30/2019. Redacted Transcript Deadline set for 5/10/2019. Release of Transcript Restriction set for 7/8/2019. (KAM, )
April 8, 2019 Opinion or Order Filing 2405 ORDER REGARDING EXPERT REPORT SUMMARIES - Pursuant to the Fourth Amended Scheduling Order (Doc. #2392 ), the parties will soon be filing expert reports together with briefing on class certification motions and dispositive motions. Concurrently the filing of those expert reports, the parties SHALL also file a separate executive summary of each such expert report. The summaries should be designed to orient the court to contents of the full reports. They SHALL be filed in a separate document and not exceed ten (10) pages in length. Signed by Judge R David Proctor on 4/8/2019. (KAM)
April 5, 2019 Opinion or Order Filing 2404 ORDER Status Conference set for 5/23/2019 09:30 AM before Judge R David Proctor.The Special Master will provide a call-in number for the conference. On or before Monday, May 20, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 4/5/2019. (KAM)
April 1, 2019 Opinion or Order Filing 2403 ORDER before the court on the parties Joint Motion Regarding Class Certification Briefing. (Doc. #2402 ). In the Motion, the parties ask the court to enter an order reflecting the parties agreed structure and page limits applicable to class certification briefing. The Motion (Doc. # 2402) is GRANTED; page limits applicable to class certification briefing filed pursuant to the Fourth Amended Scheduling Order SHALL be as follows:a. Provider and Subscriber Plaintiffs motions for class certification shall not exceed 60 pages per track. Subscriber Plaintiffs may file separate motions to certify under Rules 23(b)(2) and 23(b)(3), provided that the total number of pages for both motions combined does not exceed 60 pages.b. Defendants oppositions to Subscriber and Provider Plaintiffs motions for class certification, respectively, shall not exceed 75 pages per track. Defendants may file one opposition to both tracks. Defendants opposition(s) will not exceed 150 pages total.c. Provider and Subscriber Plaintiffs replies in support of their motions for class certification shall not exceed 40 pages per track.d. All motions, oppositions, and replies filed pursuant to this order shall comply with the formatting requirements of this Courts standard Initial Order, including the requirement to use Times New Roman Font and 12-point type (except footnotes may be in 10-point type).. Signed by Judge R David Proctor on 4/1/2019. (KAM)
March 29, 2019 Filing 2402 Joint MOTION regarding Class Certification Briefing by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
March 25, 2019 Opinion or Order Filing 2401 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from February 1, 2019 through February 28, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $5,500.00. Signed by Judge R David Proctor on 3/25/2019. (KAM)
March 25, 2019 Opinion or Order Filing 2400 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from February 1, 2019 through February 28, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $54,000.00. Signed by Judge R David Proctor on 3/25/2019. (KAM)
March 25, 2019 Filing 2399 REPLY to re #2396 Provider Plaintiffs' Reply Regarding First Notice from the Anthem v. Cigna Trial filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
March 22, 2019 Filing 2398 RESPONSE to re #2396 Anthem's Response to Provider Plaintiffs' First Notice from the Anthem v. Cigna Trial filed by Anthem, Inc.. (Kimble, Cavender)
March 21, 2019 Opinion or Order Filing 2397 TEXT ORDER This matter is before the court on an informal request to seal Providers' First Notice from the Anthem v. Cigna Delaware Trial. #2396 This limited issue is SET for a telephone conference at 1:00 p.m. on Monday, March 25, 2019. Counsel who have been corresponding with the court on this issue, and/or the parties' respective Seal Team members, are DIRECTED to call 866-434-5269 to access the telephone conference. The access code is 6022965. Signed by Judge R David Proctor on 3/21/2019. (KAM)
March 19, 2019 Filing 2396 NOTICE by Plaintiffs' Counsel Providers' First Notice from the Anthem v. Cigna Delaware Trial (Whatley, Joe)
March 15, 2019 Filing 2395 Brief REPORT & RECOMMENDATION OF SEAL MASTER REGARDING STANDARD OF REVIEW BRIEF EXHIBITS. (Harwood, R)
March 11, 2019 Opinion or Order Filing 2394 ORDER REGARDING ADDITIONAL SAMPLING BY THE PRIVILEGE MASTER. Signed by Judge R David Proctor on 3/11/2019. (KAM)
March 8, 2019 Opinion or Order Filing 2393 TEXT ORDER This matter is before the Court on Plaintiffs' Joint Motion to Set Schedule. #2378 In light of the Fourth Amended Scheduling Order #2392 the Joint Motion #2378 is MOOT. Signed by Judge R David Proctor on 3/8/2019. (KAM)
March 8, 2019 Opinion or Order Filing 2392 FOURTH AMENDED SCHEDULING ORDER - Class Certification Discovery: All reports from retained experts on class certification under FRCP 26(a)(2) are: Due from Plaintiffs upon filing of any class certification motion; Due from Defendants upon filing of any opposition to class certification motion; Rebuttal due from Plaintiffs upon filing of any reply to class certification motion; parties SHALL complete the depositions of any expert on class certification issues within 30 days of receipt of the experts report provided that any deposition regarding a rebuttal report SHALL be taken within 14 days of service of the rebuttal report; Class Certification Motions: Motions for class certification and materials in support SHALL be filed on or before 4/15/2019; Opposition briefs SHALL be due on or before 7/15/2019; Reply briefs SHALL be due on or before August 30, 2019; Any Daubert motions seeking to exclude any class certification expert witness SHALL be filed within 75 days of disclosure of the experts report; Damages and Merits Expert Reports and Discovery are: Due from Plaintiffs on or before 5/15/2019; Due from Defendants on or before 7/30/2019; Rebuttals due from Plaintiffs on or before 8/16/2019. Signed by Judge R David Proctor on 3/8/2019. (KAM)
March 6, 2019 Filing 2391 Brief REPORT & RECOMMENDATION OF PRIVILEGE MASTER FOR SELECTION OF ADDITIONAL SAMPLES FOR REVIEW FROM THE DEFENDANTS RESPECTIVE LOGS (CORRECTED SO AS TO INCLUDE EXHIBIT 1 THERETO, INADVERTENTLY OMITTED FROM THE INITIAL FILING OF THIS DOCUMENT). (Harwood, R)
March 6, 2019 Filing 2390 Brief REPORT & RECOMMENDATION OF PRIVILEGE MASTER FOR SELECTION OF ADDITIONAL SAMPLES FOR REVIEW FROM THE DEFENDANTS RESPECTIVE LOGS. (Harwood, R)
February 27, 2019 Opinion or Order Filing 2389 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2019 through January 31, 2019 in this matter as it relates to services rendered for both sides of the case, and totaling $13,000.00. Signed by Judge R David Proctor on 2/27/2019. (KAM)
February 27, 2019 Opinion or Order Filing 2388 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2019 through January 31, 2019 in this matter relating solely to services provided to the Plaintiffs, and totaling $47,000.00. Signed by Judge R David Proctor on 2/27/2019. (KAM)
February 25, 2019 Filing 2387 NOTICE by Plaintiffs' Counsel re #2384 Response to Motion Notice of Clarification (Whatley, Joe)
February 22, 2019 Filing 2386 RESPONSE to re #2379 Provider Plaintiffs' Response to Defendants' Status Report Regarding Case Schedule filed by Plaintiffs' Counsel. (Whatley, Joe)
February 22, 2019 Filing 2385 RESPONSE to re #2379 Subscriber Plaintiffs' Response in Opposition to Defendants' Status Report Regarding Case Schedule filed by Plaintiffs' Liaison Counsel. (Hellums, Christopher)
February 22, 2019 Filing 2384 RESPONSE to Motion re #2378 Joint MOTION to Set Schedule filed by Defendants' Counsel. (Attachments: #1 Exhibit 1)(Hoover, Craig)
February 21, 2019 Filing 2383 MOTION for Preliminary Injunction Verified Motion for Preliminary Injunction by Plaintiffs' Counsel. (Attachments: #1 Exhibit A-Part 1, #2 Exhibit A-Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Whatley, Joe)
February 21, 2019 Filing 2382 MOTION to Intervene Verified Motion to Intervene for the Limited Purpose of Seeking a Preliminary Injunction by Plaintiffs' Counsel. (Whatley, Joe)
February 14, 2019 Filing 2381 Brief re #2378 Joint MOTION to Set Schedule Memorandum of Law in Support on Behalf of Subscriber Plaintiffs. (Hellums, Christopher)
February 14, 2019 Filing 2380 NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Submission on Schedule After Eleventh Circuit's Denial of the Defendants' 1292(b) Petition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
February 14, 2019 Filing 2379 STATUS REPORT regarding Case Schedule by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit 1, #2 Proposed Order)(Hoover, Craig)
February 14, 2019 Filing 2378 Joint MOTION to Set Schedule by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
February 12, 2019 Filing 2377 STATUS REPORT on Defendants' Certified Privilege Logs by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
February 11, 2019 Filing 2376 NOTICE of Appearance by Winnifred Lewis on behalf of Blue Cross and Blue Shield of Alabama (Lewis, Winnifred)
January 28, 2019 Opinion or Order Filing 2375 ORDER REGARDING CAPITAL BLUECROSSS SAMPLE DOCUMENTS - This matter is before the court on the Objections to the Special Masters Report and Recommendation on Privilege Log Samples from Capital BlueCross from Plaintiffs and from Capital; Capital has responded to Plaintiffs Objection by agreeing to produce the one document at issue in their objection, document CBC_PL_00003938; Therefore, Plaintiffs Objection (Doc. # 2361) directed to Capitals privilege sample is MOOT; Document CBC_PL_00040722 - Objection sustained. Ruling: privilege claim upheld as to document CBC_PL_00040722. Signed by Judge R David Proctor on 1/28/2019. (KAM)
January 28, 2019 Opinion or Order Filing 2374 ORDER REFERRING ADDITIONAL SAMPLING ISSUES TO PRIVILEGE MASTER; the court hereby REFERS the matter of additional sampling to Justice Harwood. The parties are DIRECTED to meet and confer with Justice Harwood and Special Master Ed Gentle to develop a method for conducting the additional sampling in an efficient manner. Signed by Judge R David Proctor on 1/28/2019. (KAM)
January 24, 2019 Filing 2373 Transcript of Proceedings held on 1/15/2019, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/14/2019. Redacted Transcript Deadline set for 2/24/2019. Release of Transcript Restriction set for 4/24/2019. (KAM, )
January 24, 2019 Filing 2372 Transcript of Proceedings held on 1/15/2019, before Judge T. Michael Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number 205-278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/14/2019. Redacted Transcript Deadline set for 2/24/2019. Release of Transcript Restriction set for 4/24/2019. (JLC)
January 23, 2019 Opinion or Order Filing 2371 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from December 1, 2018 through December 31, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $8,000.00. Signed by Judge R David Proctor on 1/23/2019. (KAM)
January 23, 2019 Opinion or Order Filing 2370 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from December 1, 2018 through December 31, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $44,000.00. Signed by Judge R David Proctor on 1/23/2019. (KAM)
January 18, 2019 Filing 2369 RESPONSE to Plaintiffs' Objections to Report & Recommendation of Special Privilege Master by Capital BlueCross filed by Defendants' Counsel. (Payne, Joshua)
January 18, 2019 Filing 2368 NOTICE by Defendants' Counsel re #2366 Status Report Defendants' Proposed Order Regarding Second Privilege Sampling (Hogan, E)
January 17, 2019 Filing 2367 NOTICE by Plaintiffs' Liaison Counsel re #2366 Status Report of Plaintiffs' Proposed Order Regarding Additional Sampling of Privilege Logs (Ragsdale, Barry)
January 17, 2019 Filing 2366 STATUS REPORT Joint Status Report Regarding Proposed Second Privilege Sampling by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit Exhibit A)(Hogan, E)
January 17, 2019 Opinion or Order Filing 2365 ORDER APPOINTING THE BLUES COUNCIIL OF TWELVE; Carl Burkhalter, Evan Chesler, Karin DeMasi, Desmond Hogan, Mark Hogewood, Craig Hoover, John M. Johnson, Daniel Laytin, Kathleen Sooy, Kimberly West, Helen Witt and David Zott are appointed; the Counsel shall confer and within 21 days, provide the court in camera a report recommending how they propose to organize themselves and effectively lead in the defense of the claims asserted in this MDL. Signed by Judge R David Proctor on 1/17/2019. (KAM)
January 15, 2019 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 1/15/2019. (Court Reporter Leah Turner) (ASL)
January 15, 2019 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 1/15/2019. (Court Reporter Leah Turner.) (KLL)
January 14, 2019 Filing 2364 STATUS REPORT (Plaintiffs' Status Report on Privilege Sampling) by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
January 14, 2019 Filing 2363 STATUS REPORT regarding Case Schedule by Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig)
January 14, 2019 Filing 2362 NOTICE by Plaintiffs' Counsel of Filing Plaintiffs' Joint Submission Regarding Case Schedule (Whatley, Joe)
January 11, 2019 Filing 2361 RESPONSE to re #2354 Plaintiffs' Objections to Special Master's Report & Recommendation on Capital BlueCross Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
January 11, 2019 Opinion or Order Filing 2360 TEXT ORDER This matter is before the court on the parties' Joint Stipulation Regarding Briefing Schedule for Objections. #2358 The court adopts the Stipulation. Objections to the latest Report and Recommendation #2354 are due Friday, January 11, 2019. Unless otherwise agreed or ordered by the court, responses to any such objections SHALL be filed on or before January 18, 2019. Signed by Judge R David Proctor on 1/11/2019. (KAM)
January 11, 2019 Filing 2359 ***Document Sealed** OBJECTION of Capital BlueCross to #2354 Report & Recommendation of Special Privilege Master (KAM)
January 11, 2019 Filing 2358 STIPULATION Regarding Briefing Schedule for Objections to Report and Recommendation of Special Privilege Master Regarding Sample Documents from Defendant Capital BlueCross by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
January 10, 2019 Opinion or Order Filing 2357 ORDER terminating without prejudice #2080 Motion to compel in light of Docs. #2339 , #2340 , #2354 and 2342 it appears the motion is substantially resolved ; #2307 Motion for Extension of Time is presently somewhat MOOT; once the privilege log issues are finally resolved, plaintiffs may have 30 days to renew such a motion targeted at any unresolved issues; terminating without prejudice #2333 Motion to Compel in light of Docs #2345 and #2354 , the motion appears to be substantially resolved. Signed by Judge R David Proctor on 1/10/2019. (KAM)
January 7, 2019 Filing 2356 STATUS REPORT Report Regarding Proposed Agenda for Discovery Status Conference on January 15, 2019 at 1:00 p.m. by Special Master. filed by Special Master (Gentle, Edgar)
January 7, 2019 Filing 2355 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on January 15, 2019 at 9:30 a.m. by Special Master. filed by Special Master (Gentle, Edgar)
January 4, 2019 Filing 2354 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT CAPITAL BLUECROSS. (Harwood, R)
January 2, 2019 Opinion or Order Filing 2353 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2018 through November 30, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $9,000.00. Signed by Judge R David Proctor on 1/2/2019. (KAM)
January 2, 2019 Opinion or Order Filing 2352 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2018 through November 30, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $48,000.00. Signed by Judge R David Proctor on 1/2/2019. (KAM)
December 17, 2018 Opinion or Order Filing 2351 ORDER Status Conference set for 1/15/2019 01:00 PM before Magistrate Judge T Michael Putnam. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. The Special Master will provide a call-in number for the conference.The parties are DIRECTED to submit a joint status report by January 9, 2019, that contains a proposed agenda for the discovery conference. Signed by Magistrate Judge T Michael Putnam on 12/17/2018. (KAM)
December 17, 2018 Opinion or Order Filing 2350 ORDER Status Conference set for 1/15/2019 09:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge R David Proctor. The Special Master will provide a call-in number for the conference. On or before Wednesday, January 9, 2019, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference.. Signed by Judge R David Proctor on 12/17/2018. (KAM)
November 30, 2018 Opinion or Order Filing 2349 TEXT ORDER This matter is before the court on Plaintiffs' Notice Regarding Motion to Compel Production of Documents from Certain Defendants' Privilege Logs. #2348 Plaintiffs' Notice #2348 informs the court that the remaining portions of the Motion to Compel #2162 which have not previously been ruled on have been resolved. Therefore, the remaining portions of Plaintiffs Motion to Compel #2162 are MOOT. Signed by Judge R David Proctor on 11/30/2018. (KAM)
November 29, 2018 Filing 2348 NOTICE by Plaintiffs' Liaison Counsel re #2162 MOTION to Compel Production of Documents From Certain Defendants' Privilege Logs (Ragsdale, Barry)
November 26, 2018 Opinion or Order Filing 2347 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2018 through October 31, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $12,000.00. Signed by Judge R David Proctor on 11/26/2018. (KAM)
November 26, 2018 Opinion or Order Filing 2346 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2018 through October 31, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $55,500.00. Signed by Judge R David Proctor on 11/26/2018. (KAM)
November 16, 2018 Opinion or Order Filing 2345 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM INDEPENDENCES PRIVILEGE LOG #2333 - Document IBC-PL-006490 - Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 11/16/2018. (KAM)
November 15, 2018 Opinion or Order Filing 2344 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBS-KCS PRIVILEGE LOG #2164 ;Document KC-PL00008776 - Ruling: Privilege claim upheld in part with respect to the second sentence in the second paragraph; privilege claim unsubstantiated with respect to the remainder of the e-mail chain; Document KC-PL00011443 - Ruling: Privilege claim upheld; Document KC-PL00011813 - Ruling: Privilege claim unsubstantiated; Documents KC-PL00015379 and KC-PL00015381 - Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 11/15/2018. (KAM)
November 9, 2018 Opinion or Order Filing 2343 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBS-ALS PRIVILEGE LOG #2080 ; Documents 580403684 and 580403693 - Ruling: Privilege claim upheld; Documents 14208469 and 38705472 - Ruling: Privilege claim upheld; Documents 3903990 through 3903994 - Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 11/5/2018. (KAM)
November 9, 2018 Opinion or Order Filing 2342 TEXT ORDER. With the filing of Plaintiffs' Status Report #2335 on October 29, 2018, the Hearing before Judge Putnam scheduled for November 15, 2018, is CANCELLED. Signed by Magistrate Judge T Michael Putnam on November 9, 2018. (TNC)
November 8, 2018 Opinion or Order Filing 2341 ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBS-KS'S PRIVILEGE LOG. Signed by Judge R David Proctor on 11/8/2018. (JLC)
November 7, 2018 Opinion or Order Filing 2340 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBS-NC'S PRIVILEGE LOG. Signed by Judge R David Proctor on 11/7/2018. (JLC)
November 5, 2018 Opinion or Order Filing 2339 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBSAS PRIVILEGE LOG - Document BCBSA 24164 - Ruling: Privilege claim unsubstantiated; Document BCBSA 28662 - Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 11/5/2018. (KAM)
November 5, 2018 Opinion or Order Filing 2338 ORDER REGARDING PLAINTIFFS MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BCBS-VTS PRIVILEGE LOG - Document BCBSVT-00168592 - Ruling: Privilege claim unsubstantiated; Documents BCBSVT-00163742, BCBSVT-00183776, and BCBSVT-00183777 - Ruling: Privilege claim unsubstantiated. Signed by Judge R David Proctor on 11/5/2018. (KAM)
November 2, 2018 Filing 2337 ***Document Sealed - RESPONSE of Defendant Independence to Plaintiff's Motion to Compel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KEK)
November 2, 2018 Filing 2336 ***Document Sealed*** RESPONSE OF CAPITAL BLUECROSS TO PLAINTIFFS MOTIONTO COMPEL PRODUCTION OF DOCUMENTSFROM CERTAIN DEFENDANTS PRIVILEGE LOGS (KAM)
October 29, 2018 Filing 2335 STATUS REPORT Regarding the Reopened Depositions of Terry Kellogg and Robin Stone (Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
October 26, 2018 Opinion or Order Filing 2334 TEXT ORDER; This matter is before the court on the parties' Consent Motion to Continue Motion to Compel Deadline as to Certain Defendants. #2329 The Motion #2329 is GRANTED. The Fourth Amendment to Discovery Order No. 76 #2250 is AMENDED as follows: (d) For all remaining disputes, Plaintiffs will file any motions to compel on or before December 7, 2018. Signed by Judge R David Proctor on 10/26/2018. (JLC)
October 26, 2018 Filing 2333 MOTION to Compel Production of Documents From Certain Defendants' Privilege Logs by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit R, BB, and NN)(Ragsdale, Barry)
October 26, 2018 Filing 2332 SEALED MOTION **Subscriber and Provider Plaintiffs' MOTION TO COMPEL production of documents from certain Defendants' privilege logs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit)(KAM) Modified on 10/29/2018 (KAM, ).
October 25, 2018 Opinion or Order Filing 2331 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2018 through September 30, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $63,000.00. Signed by Judge R David Proctor on 10/25/2018. (KAM)
October 25, 2018 Opinion or Order Filing 2330 ORDER REGARDING BLUE CROSS BLUE SHIELD OF CAREFIRSTS SAMPLE DOCUMENTS #2319 ; Document CareFirst INCAMERA-00000651 - Objection sustained. Ruling: privilege claim upheld; Document CareFirst INCAMERA-00000799 - Objection sustained. Ruling: privilege claim upheld; Document CareFirst INCAMERA-00000811 - Objection sustained. Ruling: Privilege claim upheld; Document CareFirst INCAMERA-00001068 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 10/25/2018. (KAM)
October 24, 2018 Filing 2329 Consent MOTION to Continue Motion to Compel Deadline as to Certain Defendants by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
October 24, 2018 Opinion or Order Filing 2328 DISCOVERY ORDER No. 91. Signed by Magistrate Judge T Michael Putnam on 10/24/2018. (KAM)
October 19, 2018 Opinion or Order Filing 2327 ORDER REGARDING BLUE CROSS BLUE SHIELD OF KANSAS CITY'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 10/19/2018. (JLC)
October 17, 2018 Filing 2326 ***Document Sealed*** SUPPLEMENT TO OBJECTION OF CAREFIRST DEFENDANTS TO SPECIAL MASTER REPORT AND RECOMMENDATION First Partial Report & Recommendation [ECF No. 2312] (Report 1), and the Second PartialReport & Recommendation [ECF. No. 2313] (Report 2). (KAM)
October 17, 2018 Opinion or Order Filing 2325 ORDER REGARDING BLUE CROSS BLUE SHIELD OF NEBRASKAS SAMPLE DOCUMENTS #2318 ; Document NE-PL000000665 - Objection overruled. Ruling: Privilege claim as to the third e-mail in the chain dated May 29, 2008, is not substantiated. Signed by Judge R David Proctor on 10/17/2018. (KAM)
October 17, 2018 Opinion or Order Filing 2324 MEMORANDUM OPINION AND ORDER denying #2120 Motion for Partial Summary Judgment against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association; Costs related to the current Motion are taxed against Provider Plaintiffs. Signed by Judge R David Proctor on 10/17/2018. (KAM)
October 16, 2018 Opinion or Order Filing 2323 ORDER Per the request of the parties, a hearing on Documents #2036 and #2038 is set for November 15, 2018, at 1:00 P.M. in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama. Court reporter to be present. Plaintiffs supporting briefs are due no later than October 29, 2018, at 3:00 P.M. BCBS-ALs responsive brief is due no later than November 13, 2018 at 3:00 P.M.; The Discovery Conference previously set by Document 2287 for October 25, 2018, at 1:00 P.M. in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama, is CANCELLED. Signed by Magistrate Judge T Michael Putnam on 10/16/2018. (KAM)
October 15, 2018 Filing 2322 AMENDED #2291 reflecting page numbers; Transcript of Proceedings held on 8/30/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/13/2019. (KAM, )
October 15, 2018 Filing 2321 ***Document Sealed*** RESPONSE OF BLUE CROSS AND BLUE SIDELD OF KANSAS CITYTO PLAINTIFFS' OBJECTIONS TO SPECIAL MASTER REPORT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
October 15, 2018 Filing 2320 RESPONSE to re #2318 Plaintiffs' Response To BCBS-NE Objections To Special Master's Report And Recommendation On The Privilege Log Of BCBS-NE filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
October 12, 2018 Filing 2319 ***Document Sealed*** CAREFIRST DEFENDANTS' OBJECTION TO SPECIALMASTER REPORT AND RECOMMENDATION (KAM)
October 12, 2018 Filing 2318 ***Document Sealed*** BLUE CROSS AND BLUE SHIELD OF NEBRASKA'S OBJECTION TO SPECIAL MASTER REPORT AND RECOMMENDATION #2311 (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
October 11, 2018 Opinion or Order Filing 2317 ORDER This case is set for a status conference with the Special Master on October 29, 2018 at a mutually convenient time and place. Agenda items will include: (i) case planning based on whether the Interlocutory Appeal is accepted by the Eleventh Circuit; (ii) collaboration in resolving any remaining Privilege Log (documents) issues; and (iii) if, when, and how discovery may be supplemented. If the parties wish to address additional items, they shall inform the Special Master within a week prior to the status conference. Signed by Judge R David Proctor on 10/11/2018. (KAM)
October 11, 2018 Filing 2316 ***Document Sealed*** BLUE CROSS AND BLUE SHIELD OF KANSAS CITY'S OBJECTION TO SPECIAL MASTER REPORT AND RECOMMENDATION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KAM)
October 11, 2018 Filing 2315 RESPONSE to re #2310 Plaintiffs' Objections to Special Master's Report & Recommendation on BCBS-KC Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1)(Ragsdale, Barry)
October 11, 2018 Filing 2314 ***Document Sealed*** Subscriber and Provider Plaintiffs' OBJECTIONS TO SPECIAL MASTER'SREPORT AND RECOMMENDATION ON BCBS-KCPRIVILEGE LOG SAMPLES (Attachments: #1 Exhibit 1) (KAM)
October 5, 2018 Filing 2313 Brief FINAL PARTIAL REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT CAREFIRST. (Harwood, R)
October 5, 2018 Filing 2312 Brief FIRST PARTIAL REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT FIRSTCARE. (Harwood, R) (Additional attachment(s) added on 10/5/2018: #1 Exhibit Unredacted R&R) (PSM, ).
October 5, 2018 Filing 2311 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF NEBRASKA. (Harwood, R) (Additional attachment(s) added on 10/5/2018: #1 Exhibit Unredacted R&R) (PSM, ).
October 4, 2018 Filing 2310 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF KANSAS CITY. (Harwood, R) (Additional attachment(s) added on 10/4/2018: #1 Exhibit Unredacted R&R) (PSM, ).
October 1, 2018 Filing 2309 Opposition to Plaintiffs' September 28, 2018 Motion for Extension of Time filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
October 1, 2018 Opinion or Order Filing 2308 TEXT ORDER re #2307 Motion for Extension of Time. BCBS Alabama has notified the court that they will respond to the motion today. Any response to the motion is due no later than 5:00 PM on October 1, 2018. Signed by Magistrate Judge T Michael Putnam on October 1, 2018. (TNC)
September 28, 2018 Filing 2307 MOTION for Extension of Time to File Renewed Motion to Amend Discovery Order No. 88 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 26, 2018 Filing 2306 REPLY to re #2120 Surreply in Support of Provider Plaintiffs' Motion for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association filed by Plaintiffs' Counsel. (Whatley, Joe)
September 26, 2018 Filing 2305 Transcript of Proceedings held on 8/30/2018, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/17/2018. Redacted Transcript Deadline set for 10/27/2018. Release of Transcript Restriction set for 12/25/2018. (KAM)
September 26, 2018 Opinion or Order Filing 2304 TEXT ORDER This matter is before the court on attorney Christopher A. Shapley's Motion for Withdrawal of Counsel. The Motion is GRANTED. The Clerk of the Court is directed to terminate attorney Shapley. Signed by Judge R David Proctor on 9/26/2018. (KAM)
September 26, 2018 Filing 2303 MOTION to Withdraw as Attorney Christopher A. Shapley by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (McDowell, M)
September 25, 2018 Opinion or Order Filing 2302 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from August 1, 2018 through August 31, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $49,000.00. Signed by Judge R David Proctor on 9/25/2018. (KAM)
September 25, 2018 Opinion or Order Filing 2301 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from August 1, 2018 through August 31, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 9/25/2018. (KAM)
September 24, 2018 Filing 2300 STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel (Hogewood, Mark)
September 21, 2018 Filing 2299 NOTICE of Appearance by Andrew Phillip Campbell on behalf of Blue Cross Blue Shield Michigan (Campbell, Andrew)
September 20, 2018 Opinion or Order Filing 2298 TEXT ORDER This matter is before the court on attorney Brian J. Kapatkin's Motion to Withdraw #2297 . The Motion #2297 is GRANTED. The Clerk of Court is DIRECTED to terminate Attorney Kapatkin. Signed by Judge R David Proctor on 9/20/2018. (KAM)
September 20, 2018 Filing 2297 MOTION to Withdraw as Attorney by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield. (Kapatkin, Brian)
September 14, 2018 Opinion or Order Filing 2296 DISCOVERY ORDER No. 90; The motion for sanctions (Doc. 2072 and Sealed Doc. 2074) are DENIED as set out herein. Signed by Magistrate Judge T Michael Putnam on 9/14/2018. (JLC)
September 14, 2018 Filing 2295 NOTICE of Appearance by Charles L Sweeris on behalf of California Physicians Service d/b/a Blue Shield of California (Sweeris, Charles)
September 13, 2018 Filing 2294 RESPONSE to re #2292 Defendants' Response to Plaintiffs' Status Report on Special Master De-Designation filed by Defendants' Counsel. (Attachments: #1 Exhibit Exhibit 1)(Hoover, Craig)
September 12, 2018 Filing 2293 NOTICE of Appearance by Helen E Witt on behalf of Blue Shield of California, Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health Care Service Corporation, Highmark BCBSD Inc., Highmark Inc., Highmark West Virginia Inc., Hospital Service Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern Pennsylvania (Witt, Helen)
September 11, 2018 Filing 2292 STATUS REPORT on Special Master De-Designation by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
September 7, 2018 Filing 2291 Transcript of Proceedings held on 8/30/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/28/2018. Redacted Transcript Deadline set for 10/8/2018. Release of Transcript Restriction set for 12/6/2018. (KEK) Correcting date of hearing Modified on 10/15/2018 (KAM, ).
September 5, 2018 Filing 2290 RESPONSE in Opposition re #2120 MOTION for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association (Provider Plaintiffs) filed by Defendants' Counsel. (Sooy, Kathleen)
September 5, 2018 Opinion or Order Filing 2289 ORDER on or before September 21, 2018, counsel for Defendants SHALL make sure that at least one attorney of record has appeared for each defendant in each underlying case to which the defendant is a party. On or before September 24, 2018, with local facilitating counsel for Defendants SHALL file a status report indicating that all such appearances have been made. Signed by Judge R David Proctor on 9/5/2018. (KAM)
September 4, 2018 Opinion or Order Filing 2288 ORDER REGARDING BLUE CROSS BLUE SHIELD OF KANSASS SAMPLE DOCUMENTS :Document KS-PL00003744 - Objection sustained. Ruling: Privilege claim upheld as to the first e-mail in the chain; Document KS-PL00013163 - Objection overruled. Ruling: Privilege claim upheld as to the second and third chronological e-mails in the chain; Document KS-HC-PL00000221 - Objection overruled. Ruling: Privilege claim upheld; Document KS-HC-PL00000010 - Objection overruled. Ruling: Privilege claim upheld; Document KS-HC-PL00000166 - Objection overruled. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 9/4/2018. (KAM)
August 30, 2018 Opinion or Order Filing 2287 ORDER- A Status Conference is SET for 10/25/2018 01:00 PM at the Hugo L Black Courthouse before Magistrate Judge T Michael Putnam; The parties are DIRECTED to submit a joint status report by October 22, 2018; If the parties cannot come to an agreement sufficient to permit a joint status report, the parties are DIRECTED to submit separate status reports by October 22, 2018; Further instructions within. Signed by Magistrate Judge T Michael Putnam on 8/30/18. (MRR, )
August 30, 2018 Filing 2286 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF KANSAS CITY. (Harwood, R) (Additional attachment(s) added on 8/30/2018: #1 Exhibit Unredacted R&R) (PSM, ).
August 30, 2018 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 8/30/2018. (Court Reporter Leah Turner.) (KLL)
August 30, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 8/30/2018. (Court Reporter Sabrina Lewis) (ASL)
August 27, 2018 Filing 2284 STATUS REPORT JOINT STATUS REPORT for August 30, 2018 Discovery Conference by Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig)
August 24, 2018 Filing 2285 ***Document Sealed***DEFENDANT BCBS of Kansas RESPONSE to plaintiffs' objections to Special Master Report (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
August 24, 2018 Opinion or Order Filing 2283 ORDER - Therefore, Excelluss Supplemental Motion to Strike or Alternatively, for Leave to File Sur-Reply (Doc. # 2274) is GRANTED IN PART AND DENIED IN PART. That portion of Providers Reply directed to the MSSNY agreements, rather than the Love agreements, is stricken. No surreplies other than those already allowed will be considered by the court. Signed by Judge R David Proctor on 8/24/2018. (KEK)
August 24, 2018 Opinion or Order Filing 2282 ORDER - 1. Third Party Provider Cahaba Medical Cares Motion to Maintain Seal on Defendant Blue Cross Blue Shield of Michigans Motion to Compel the Production of Documents and Accompanying Exhibits (Doc. # 1770) is GRANTED IN PART. Document # 1733, and its exhibits, documents # 1733-1, 1733-2, and 1733-3 SHALL remain UNDER SEAL. 2. The Motion of Non-Party Health Care Authority of the City of Huntsville to Maintain Seal, and for Other Relief (Doc. # 1777) is GRANTED IN PART. Document # 1747, and its exhibits, documents # 1747-1, 1747-2, 1747-3, 1747-4, 1747-5, 1747-6, and 1747-7 SHALL remain UNDER SEAL. 3. Third Party Provider Cahaba Medical Cares Motion to Maintain Seal on Defendant Blue Cross Blue Shield of Michigans Reply in Support of Motion to Compel the Production of Documents and Accompanying Exhibits (Doc. # 1827) is GRANTED. Document #1804 SHALL remain UNDER SEAL. Signed by Judge R David Proctor on 8/24/2018. (KEK)
August 22, 2018 Opinion or Order Filing 2281 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2018 through July 31, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $3,000.00. Signed by Judge R David Proctor on 8/22/2018. (KAM)
August 22, 2018 Opinion or Order Filing 2280 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2018 through July 31, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $50,000.00. Signed by Judge R David Proctor on 8/22/2018. (KAM)
August 21, 2018 Filing 2279 RESPONSE to re #2269 Plaintiffs' Objections to Special Master's Report and Recommendation on Blue Cross Blue Shield of Kansas Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
August 21, 2018 Filing 2278 ***Document Sealed** SUBCRIBER AND PROVIDER PLAINTIFFS' OBJECTIONS to Special Master's Report and Recommendation on BCBS of Kansas Privilege Log Samples (KAM)
August 21, 2018 Filing 2277 ***Document Sealed** Response of BCBS of Kansas to Special Master Report and Recommendation (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
August 17, 2018 Filing 2276 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on August 30, 2018 by Special Master. filed by Special Master (Gentle, Edgar)
August 16, 2018 Filing 2275 RESPONSE in Opposition re #2274 Supplemental MOTION to Strike New Arguments in Providers' Reply in Further Support of their Motion for Partial Summary Judgment and Alternatively for Leave to File Sur-Reply filed by Plaintiffs' Counsel. (Whatley, Joe)
August 14, 2018 Filing 2274 Supplemental MOTION to Strike New Arguments in Providers' Reply in Further Support of their Motion for Partial Summary Judgment and Alternatively for Leave to File Sur-Reply by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Bloomberg, Edward)
August 14, 2018 Opinion or Order Filing 2273 ORDER REGARDING BLUE CROSS BLUE SHIELD OF ARIZONAS SAMPLE DOCUMENTS - BCBS-AZ has responded toPlaintiffs Objection by agreeing to produce the one document at issue. (Doc. # 2259). Therefore,Plaintiffs Objection to Arizona privilege sample (Doc. # 2255) is MOOT; Document AZ-PL00006510 - Objection overruled. Ruling: Privilege claim not substantiated; Document AZ-PL00001279 - Objection overruled. Ruling: Privilege claim not substantiated; Document AZ-PL00001622 - Objection sustained. Ruling: Privilege claim upheld as to the third e-mail in the string. Signed by Judge R David Proctor on 8/14/2018. (KAM)
August 14, 2018 Opinion or Order Filing 2272 ORDER REGARDING INDEPENDENCE BLUE CROSSS SAMPLE DOCUMENTS -IBC has responded to Plaintiffs Objection. (Doc. # 2261). In its response, IBC agrees to produce four of the nine documents at issue in Plaintiffs Objection. (Doc. # 22261 at 8). Therefore, Plaintiffs Objections relating to documents IBC-PL-0029140, IBC-PL-0029347, IBC-PL-0007327, and IBC-PL-0018450 are MOOT. (Doc. # 22261 at 8); Documents IBC-PL-0029240 and IBC-PL-0029248 are overlapping documents - Objection overruled. Ruling: Privilege claim upheld as to the third and fourth sequential e-mails in the string; Document IBC-PL-0018766 - Objection sustained in part and overruled in part. Ruling: Privilege claim upheld only as to proposed redactions noted above; Document IBC-PL-0020581 -Objection overruled. Ruling: Privilege claim upheld Objection overruled. Ruling: Privilege claim upheld; Document IBC-PL-0022390 -. Signed by Judge R David Proctor on 8/14/2018. (KAM)
August 14, 2018 Opinion or Order Filing 2271 TEXT ORDER This case is before the court on attorney Erik F. Benny's Motion to Withdraw. Benny's Motion to Withdraw is GRANTED. The Clerk of Court is DIRECTED to terminate attorney Benny. Signed by Judge R David Proctor on 8/14/2018. (KAM)
August 14, 2018 Opinion or Order Filing 2270 TEXT ORDER-This matter is before the court on the Non-Settling Defendants' Motion for Leave to File Surreply in Opposition to Providers' Motion for Partial Summary Judgment. #2268 The Motion #2268 is GRANTED. The Non-Settling Defendants may file a surreply, limited to fifteen pages, on or before September 5, 2018. Providers may file a final brief, similarly limited to fifteen pages, on or before September 26, 2018.Signed by Judge R David Proctor on 8/14/2018. (KAM)
August 14, 2018 Filing 2269 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.. (Harwood, R) (Additional attachment(s) added on 8/14/2018: #1 Exhibit Unredacted R&R) (PSM, ).
August 13, 2018 Filing 2268 MOTION for Leave to File Surreply in Opposition to Providers' Motion for Partial Summary Judgement by Defendants' Counsel. (Sooy, Kathleen)
August 13, 2018 Opinion or Order Filing 2267 ORDER REGARDING BLUE CROSS BLUE SHIELD OF NORTH CAROLINAS SAMPLE DOCUMENTSDocument BCBSNC-00324425 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 8/13/2018. (KAM)
August 10, 2018 Filing 2266 MOTION to Withdraw as Attorney by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield. (Benny, Erik)
August 6, 2018 Filing 2265 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2223 Opposition (other) of Excellus, Inc. to Provider Plaintiffs' Motion for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Declaration of Edith M. Kallas, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration)(Whatley, Joe)
August 6, 2018 Filing 2264 REPLY to Response to Motion re #2120 MOTION for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
August 6, 2018 Filing 2263 RESPONSE to re #2254 Plaintiffs' Response To BCBS-AZ Objections To Special Masters Report And Recommendation On The Privilege Log Of BCBS-AZ filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
August 6, 2018 Filing 2262 RESPONSE to Plaintiffs' Objections to July 27, 2018 Report & Recommendation of the Special Master re Independence Blue Cross filed by Defendants' Counsel. (Rowe, Stephen)
August 6, 2018 Filing 2261 ***Document Sealed*** INDEPENDENCE HOSPITIAL INDEMNITY PLAN'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO JULY 27,2018 REPORT & RECOMMENDATION OF THE SPECIAL MASTER (KAM)
August 6, 2018 Filing 2260 ***Document Sealed*** BLUE CROSS BLUE SHIELD OF NORTH CAROLINA'S OBJECTION TO JULY 30, 2018 REPORT & RECOMMENDATION OF SPECIAL MASTER (KAM)
August 6, 2018 Filing 2259 RESPONSE to re #2256 Plaintiffs' Objection to Special Master's Report and Recommendation filed by Blue Cross Blue Shield of Arizona. (Sooy, Kathleen)
August 3, 2018 Filing 2258 ***Document Sealed*** SUBCRIBER AND PROVIDER PLAINTIFFS' OBJECTIONS TO SPECIAL MASTER'S REPORT AND RECOMMENDATION ON INDEPENDENCE BLUE CROSS PRIVILEGE LOG SAMPLES #2252 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3, #7 Exhibit E-1, #8 Exhibit E-2, #9 Exhibit F) (KAM)
August 3, 2018 Filing 2257 RESPONSE to re #2252 Plaintiffs' Objections to Special Master's Report and Recommendation on Independence Blue Cross Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ragsdale, Barry)
August 1, 2018 Filing 2256 RESPONSE to re #2251 Plaintiffs' Objections to Special Master's Report and Recommendation on Blue Cross Blue Shield of Arizona Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
August 1, 2018 Filing 2255 ***Document Sealed*** SUBCRIBER AND PROVIDER PLAIRNIFFS' OBJECTION TO SPECIAL MASTER'S REPORT AND RECOMMENDATIONON BLUE CROSS BLUE SHIELD OF ARIZONA PRIVILGE LOG SAMPLES (Attachments: #1 Exhibit A) (KAM)
August 1, 2018 Filing 2254 ***Document Sealed *** BCBS OF ARIZONA'S OBJECTION TO SPECIAL MASTER REPORT AND RECOMMENDATION #2251 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
July 30, 2018 Filing 2253 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF NORTH CAROLINA. (Harwood, R) (Additional attachment(s) added on 7/30/2018: #1 unredacted R&R) (KAM, ).
July 27, 2018 Filing 2252 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT INDEPENDENCE HOSPITAL INDEMNITY PLAN. (Harwood, R) (Additional attachment(s) added on 7/27/2018: #1 Exhibit Unredacted R&R) (PSM, ).
July 25, 2018 Filing 2251 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF ARIZONA. (Harwood, R)
July 25, 2018 Opinion or Order Filing 2250 FOURTH AMENDMENT TO DISCOVERY ORDER No. 76. Signed by Magistrate Judge T Michael Putnam on 7/25/2018. (KAM)
July 24, 2018 Opinion or Order Filing 2249 TEXT ORDER This matter is before the court on Provider Plaintiffs' Unopposed Motion for Extension of Time to File Reply to Motion for Partial Summary Judgment. #2246 The Motion #2246 is GRANTED. Plaintiffs' SHALL file any Reply in Support of their Motion for Partial Summary Judgment on or before August 6, 2018.Signed by Judge R David Proctor on 7/24/2018. (KAM)
July 24, 2018 Opinion or Order Filing 2248 ORDER REGARDING BLUE CROSS OF IDAHO HEALTH SERVICE, INC.S SAMPLE DOCUMENTS - Idaho has responded to Plaintiffs Objection by agreeing to produce the one document at issue. #2244 . Therefore, that portion of Plaintiffs Objection #2240 directed to Idahos privilege sample is MOOT. Remaining at issue is one document: BC-IDAHO_MDL000675943. #2239 ; Document BC-IDAHO_MDL000675943 -Objection sustained. Ruling: Privilege claim upheld as to the entire last paragraph. Signed by Judge R David Proctor on 7/24/2018. (KAM)
July 24, 2018 Opinion or Order Filing 2247 ORDER REGARDING CAMBIA HEALTH SOLUTIONSS SAMPLE DOCUMENTS - Cambria has responded to Plaintiffs Objection by agreeing to produce the one document at issue #2245 ; therefore, that portion of Plainitffs' Objection #2240 directed to Cambia's privilege sample is MOOT. Signed by Judge R David Proctor on 7/24/2018. (KAM)
July 24, 2018 Filing 2246 MOTION for Extension of Time to File Response/Reply as to #2120 MOTION for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association (Provider Plaintiffs) Unopposed by Plaintiffs' Counsel. (Whatley, Joe)
July 23, 2018 Filing 2245 RESPONSE to re #2240 Cambia Health Solutions's Response to Plaintiffs' Objections to Special Master's Report & Recommendation on Cambia's Privilege Log Samples filed by Defendants' Counsel. (Cohen, Lucile)
July 23, 2018 Filing 2244 RESPONSE to re #2240 Plaintiffs' Objection to Special Master Report #2235 filed by Blue Cross of Idaho Health Service Incorporated. (Sooy, Kathleen)
July 23, 2018 Opinion or Order Filing 2243 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from June 1, 2018 through June 30, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $3,500.00. Signed by Judge R David Proctor on 7/23/2018. (KAM)
July 23, 2018 Opinion or Order Filing 2242 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from June 1, 2018 through June 30, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $63,000.00. Signed by Judge R David Proctor on 7/23/2018. (KAM)
July 19, 2018 Opinion or Order Filing 2241 ORDER granting #2215 Plaintiffs Unopposed Motion to Amend Modification to Discovery Order No. 88. The Plaintiffs shall file their Renewed Motion to Amend Discovery Order No. 88 within twenty-one (21) days after the final Report and Recommendation is entered by the Privilege Master, but in no event, the renewed motion is due no later than September 28, 2018. Signed by Magistrate Judge T Michael Putnam on 7/19/2018. (KAM)
July 19, 2018 Filing 2240 RESPONSE to re #2235 , #2236 Plaintiffs' Objections to Special Master's Report and Recommendation on Blue Cross of Idaho and Cambia Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
July 19, 2018 Filing 2239 ***Document Sealed*** OBJECTION OF Blue Cross of Idaho Health Service Inc to Special Master Report and Recommendation #2235 (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
July 19, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 7/19/2018. (Court Reporter Teresa Roberson) (ASL)
July 12, 2018 Opinion or Order Filing 2238 TEXT ORDER - This case is before the court on the Motion to Withdraw filed on behalf of attorney Michelle S. Kallen. #2237 The Motion #2237 is GRANTED. The Clerk of the Court is directed to terminate attorney Kallen. Signed by Judge R David Proctor on 7/12/2018. (KAM)
July 12, 2018 Filing 2237 MOTION to Withdraw as Attorney Michelle S. Kallen by CIGNA Health and Life Insurance Company. (Weller, Christopher)
July 12, 2018 Filing 2236 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT CAMBIA HEALTH SOLUTIONS. (Harwood, R) (Additional attachment(s) added on 7/12/2018: #1 Unredacted R&R) (KAM, ).
July 12, 2018 Filing 2235 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS OF IDAHO HEALTH SERVICE, INC.. (Harwood, R)
July 11, 2018 Opinion or Order Filing 2234 ORDER REGARDING CAPITAL BLUECROSSS SAMPLE DOCUMENTS; Document CBC_PL_00005186 - Objection sustained. Ruling: Privilege claim as to the two identified additional e-mails is upheld; Document CBC_PL_00022447 - Objection sustained in part. Ruling: Privilege claim upheld as to the third and fourth paragraphs of the e-mail which may be redacted; Document CBC_PL_00033626 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 7/11/2018. (KAM)
July 10, 2018 Filing 2233 STATUS REPORT on Privilege Logs by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Malatesta, John)
July 9, 2018 Opinion or Order Filing 2232 ORDER this matter is before the court on the Plaintiffs' unopposed Motion to Amend Modification to Discovery Order No. 88 #2215 ; Telephone Conference set for 7/19/2018 03:00 PM before Magistrate Judge T. Michael Putnam. Signed by Magistrate Judge T. Michael Putnam on 7/9/2018. (KAM)
July 5, 2018 Opinion or Order Filing 2231 MEMORANDUM OPINION AND ORDER REGARDING BCBS-ALS CONTACTS WITH PUTATIVE CLASS MEMBERS - Subscriber Plaintiffs Renewed Motion for a Protective Order as to BCBS-ALs Contacts with Putative Class Members (Doc. # 2075) is DENIED. Signed by Judge R David Proctor on 7/15/2018. (KAM)
July 5, 2018 Filing 2230 ***Document Sealed*** BLUE CROSS BLUE SHIELD OF VERMONT'S RESPONSE TO PLANTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM BLUE CROSS BLUE SHIELD OF VERMONT'S PRIVILEGE LOG (KAM)
July 3, 2018 Filing 2229 ***Document Sealed** OBJECTION OF CAPITAL BLUECROSS TO REPORT & RECOMMENDATION OFSPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS (Attachments: #1 Exhibit Declaration of William Manning) (KAM)
July 2, 2018 Opinion or Order Filing 2228 ORDER UNSEALING CERTAIN DOCUMENTS as set out in this order. Signed by Judge R David Proctor on 7/2/2018. (KAM)
July 2, 2018 Opinion or Order Filing 2227 TEXT ORDER-This matter is before the court on Plaintiff SHGI Corporation's Motion to Substitute Plaintiff. #2226 The Motion explains that SHGI Corporation has been acquired by Sirocco and Sirocco seeks to replace SHGI as a named plaintiff in this litigation. The Motion #2226 is GRANTED. The Clerk of the Court is directed to substitute Sirocco as a named plaintiff in place of SHGI Corporation in this litigation. Signed by Judge R David Proctor on 7/2/2018. (KAM)
June 29, 2018 Filing 2226 MOTION to Substitute Party by Plaintiffs' Counsel. (Wilkerson, David)
June 28, 2018 Filing 2225 MOTION to Compel Production of Documents From BCBS-VT's Privilege Log by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit C and OO)(Hellums, Christopher)
June 28, 2018 Filing 2224 SEALED MOTION - Subscriber and Provider Plaintiffs' MOTION to compel production of documents form BCBS-VT's Privilege Log (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit C and OO)(KAM) Modified on 6/29/2018 (KAM, ).
June 26, 2018 Filing 2223 Opposition to re #2120 Provider Plaintiffs' Motion for Partial Summary Judgment filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Attachments: #1 Exhibit A)(Walsh, Stephen)
June 26, 2018 Filing 2222 JOINDER in re #2120 IN CERTAIN DEFENDANTS' OPPOSITION TO PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT filed by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield. (Naranjo, Michael)
June 26, 2018 Filing 2221 RESPONSE in Opposition re #2120 MOTION for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association (Provider Plaintiffs) filed by Defendants' Counsel. (Attachments: #1 Evidentiary Submission Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18)(Sooy, Kathleen)
June 26, 2018 Filing 2220 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT CAPITAL BLUECROSS. (Harwood, R) (Additional attachment(s) added on 6/26/2018: #1 Supplement Unredacted R&R) (PSM, ).
June 26, 2018 Opinion or Order Filing 2219 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 5/1/2018 - 5/31/2018 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 6/26/2018. (KAM)
June 26, 2018 Opinion or Order Filing 2218 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 5/1/2018 - 5/31/2018 in this matter relating solely to the services provided to the plaintiffs, and totaling $57,500.00. Signed by Judge R David Proctor on 6/26/2018. (KAM)
June 26, 2018 Filing 2217 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HAWAII MEDICAL SERVICE ASSOCIATION. (Harwood, R) (Additional attachment(s) added on 6/26/2018: #1 Supplement Unredacted R&R) (PSM, ).
June 25, 2018 Opinion or Order Filing 2216 TEXT ORDER re #2215 Unopposed Motion to Amend Modification to Discovery Order No. 88. The parties are directed to submit mutually agreeable dates to the Special Master no later than July 2, 2018. Signed by Magistrate Judge T Michael Putnam on June 25, 2018. (JTS)
June 22, 2018 Filing 2215 MOTION to Amend/Correct #2113 Order on Motion to Amend/Correct,,, Order on Sealed Motion,, Plaintiffs' Unopposed Motion to Amend Modification to Discovery Order No. 88 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
June 22, 2018 Opinion or Order Filing 2214 ORDER REGARDING HIGHMARKS SAMPLE DOCUMENTS - Document HMK019816091_001 - Objection sustained. Ruling: Privilege claim upheld; Document HMK019592573_0001 - Objection sustained. Ruling: Privilege claim upheld; Document HMK019880363_0001 - Objection sustained. Ruling: Privilege claim upheld; Document HMK018486557 - Objection overruled. Ruling: Privilege claim sustained in part; Documents HMK011233682_0001, HMK019409906, and HMK019760695. Highmark has agreed to produce these documents #2212 , Plas objection with respect to these three documents is moot; Document HMK011384225 - Objection overruled. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 6/22/2018. (KAM)
June 21, 2018 Filing 2213 RESPONSE to Plaintiffs' Response To Highmark Objections To Special Masters Report And Recommendation On Highmark, Inc. filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
June 21, 2018 Filing 2212 ***Document Sealed*** HIGHMARK INC.S RESPONSE TO PLAINTIFFS OBJECTIONS TOJUNE 11, 2018 REPORT & RECOMMENDATION OF SPECIAL MASTER (KAM)
June 18, 2018 Filing 2211 RESPONSE to re #2201 Plaintiffs' Objections to Special Master's Report and Recommendation on Highmark, Inc. filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
June 18, 2018 Filing 2210 ***Document Sealed*** Highmark Inc's OBJECTION to 6/11/2018 Report and Recommendation of Special Master (KAM)
June 15, 2018 Opinion or Order Filing 2209 ORDER re Status Conference previously set for Thursday, June 28, 2018, it is hereby RE-SET for 1:00 p.m. on Thursday, August 30, 2018, in Courtroom 3B of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama before Magistrate Judge T Michael Putnam. Furthermore, the parties are DIRECTED to submit a Joint Report by August 27, 2018, proposing limited Discovery Deadlines and procedures in order to complete any fact Discovery that is necessary as a result of the sampling process's conclusion. Signed by Magistrate Judge T Michael Putnam on 6/15/2018. (JLC)
June 14, 2018 Filing 2208 STATUS REPORT Regarding Privilege Log Challenges by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: #1 Exhibit A)(Ragsdale, Barry)
June 14, 2018 Opinion or Order Filing 2207 ORDER re Status Conference previously set for Thursday, June 28, 2018, it is hereby RE-SET for 9:00 a.m. on Thursday, August 30, 2018, in Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. On or before Friday, August 24, 2018, the parties SHALL submit a Joint Report containing a proposed agenda of items the parties wish to be addressed during the Status Conference. Signed by Judge R David Proctor on 6/14/2018. (JLC, )
June 14, 2018 Filing 2206 STATUS REPORT regarding Provider Plaintiffs' Justifications to Maintain Seal on Exhibit LLLL to Their Response to Defendants' Motion for Summary Judgment by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
June 13, 2018 Filing 2205 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT WELLMARK BLUE CROSS AND BLUE SHIELD. (Harwood, R)
June 12, 2018 Filing 2204 Transcript of Proceedings held on 6/11/2018, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018. (KAM, )
June 12, 2018 Opinion or Order Filing 2203 ORDER REGARDING CERTIFICATION UNDER 28 U.S.C. 1292(b) AND AMENDED ORDER REGARDING SECTION 1 STANDARD OF REVIEW; in accordance with the accompanying Memorandum Opinion, granting #2085 Motion for Certification under 28 U.S.C. 1292(b);The courts April 5, 2018 Order Regarding Section 1 Standard of Review and Single Entity Defense is AMENDED as set out in this order. Signed by Judge R David Proctor on 6/12/2018. (KAM)
June 12, 2018 Filing 2202 MEMORANDUM OPINION REGARDING CERTIFICATIONUNDER 28 U.S.C. 1292(b). Signed by Judge R David Proctor on 6/12/2018. (KAM) (KAM, ).
June 11, 2018 Filing 2201 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HIGHMARK, INC.. (Harwood, R) (Additional attachment(s) added on 6/11/2018: #1 Supplement Unredacted R&R) (PSM, ).
June 11, 2018 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 6/11/2018. (Court Reporter Leah Turner.) (KLL)
June 8, 2018 Opinion or Order Filing 2200 TEXT ORDER-This matter is SET for a telephone conference at 10:00 a.m. on Monday, June 11, 2018, to briefly discuss matters related to Defendants Motion for Certification under 28 U.S.C. 1292(b). [Doc. # 2085] A court reporter will be present. The Special Master will provide a call in number for the conference. Signed by Judge R David Proctor on 6/8/2018. (KAM)
June 8, 2018 Opinion or Order Filing 2199 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on June 28, 2018, at 1:00 PM in Courtroom 3B, Hugo L. Black US Courthouse, Birmingham, Alabama, before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on June 8, 2018. (JTS)
June 8, 2018 Opinion or Order Filing 2198 ORDER Status Conference set for 6/28/2018 09:00 AM in Courtroom 7A before Judge R David Proctor. The Special Master will provide a call-in number for the conference. On or before Friday, 6/22/2018, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 6/8/2018. (KAM)
June 7, 2018 Filing 2197 STATUS REPORT Regarding Discovery Order No. 83 by Anthem, Inc.. filed by Anthem, Inc. (Hoover, Craig)
June 7, 2018 Opinion or Order Filing 2196 ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David Proctor on 6/7/2018. (KAM)
June 6, 2018 Opinion or Order Filing 2195 ORDER REGARDING ANTHEMS SAMPLE DOCUMENTS - Documents WLP-05997745, WLP-07314205, WLP-06293872, and WLP-06849240;in response to Plaintiffs Objections, Anthem notes that it either has already produced, or agreesto produce, these four documents #2190 ; objections regarding these documents are MOOT. Document WLP-07831263 - objection overruled. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 6/6/2018. (KAM)
June 6, 2018 Opinion or Order Filing 2194 TEXT ORDER denying #2192 Motion for Leave to File Supplemental Brief in Support of Motion for Sanctions. Signed by Magistrate Judge T Michael Putnam on June 6, 2018. (JTS)
June 5, 2018 Filing 2193 RESPONSE to Plaintiffs' June 4, 2018 Motion to File Supplemental Brief filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
June 4, 2018 Filing 2192 MOTION for Leave to File Supplemental Brief in Support of Motion for Sanctions Against BCBS-AL for Violation of Discovery Order No. 76 (Opposed) by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
June 1, 2018 Filing 2191 NOTICE of Appearance by Susan Smelcer on behalf of Defendants' Counsel (Smelcer, Susan)
June 1, 2018 Filing 2190 RESPONSE to re #2185 Plaintiffs' Objections to Special Privilege Master's Report and Recommendation filed by Anthem, Inc.. (Cohen, Lucile)
May 30, 2018 Filing 2189 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY. (Harwood, R)
May 25, 2018 Opinion or Order Filing 2188 TEXT ORDER This case is before the court on Defendant Anthem, Inc.'s Consent Motion to Extend the Parties' Deadline for Filing Responses to Objections to the Special Master's Report and Recommendation on Anthem, Inc.'s Privilege Log Samples. #2187 For good cause shown, Anthem's Motion #2187 is GRANTED. The parties MAY file responses to the objections to Judge Harwood's Report and Recommendation on Anthem's privilege log samples on or before 12:00 p.m. CDT on June 1, 2018. Signed by Judge R David Proctor on 5/25/2018. (JLC)
May 25, 2018 Filing 2187 Consent MOTION for Extension of Time to File Response to Plaintiffs' Objections to the Special Privilege Master's Report and Recommendation on Anthem, Inc.'s Sample Documents by Anthem, Inc.. (Cohen, Lucile)
May 25, 2018 Filing 2186 Opposition to re #2170 Report & Recommendation of Special Privilege Master Regarding Anthem, Inc. Sample Documents filed by Anthem, Inc.. (Attachments: #1 Exhibit A - Umstead Declaration)(Cohen, Lucile)
May 25, 2018 Filing 2185 RESPONSE to re #2170 Plaintiffs' Objections to Special Master's Report and Recommendation on Anthem, Inc. Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 24, 2018 Filing 2184 RESPONSE to re #2159 Subscriber Plaintiffs' Statement Regarding the Antitrust Standard of Review and Class Certification filed by Plaintiffs' Counsel. (Hellums, Christopher)
May 24, 2018 Filing 2183 Brief Provider Plaintiffs' Memorandum Regarding the Effect of the Standard of Review on Class Certification of Plaintiffs' Section 1 Claims (Redacted) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Whatley, Joe)
May 24, 2018 Filing 2182 RESPONSE to the Court's May 9, 2018 Order filed by Defendants' Counsel. (Zott, David)
May 24, 2018 Filing 2181 ***Document Sealed*** Provider Plaintiffs' Memorandum regarding the effect of the standard of review on class certification of plaintiffs' Section 1 claims (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (KAM)
May 24, 2018 Filing 2180 STATUS REPORT Regarding Privilege Log Challenges by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
May 22, 2018 Filing 2179 Transcript of Proceedings held on 5/15/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number 205-278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/12/2018. Redacted Transcript Deadline set for 6/22/2018. Release of Transcript Restriction set for 8/20/2018. (JLC)
May 22, 2018 Opinion or Order Filing 2178 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 4/1/2018 through 4/30/2018 relating solely to the services provided to the plaintiffs and totaling $54,000.00. Signed by Judge R David Proctor on 5/22/2018. (KAM)
May 22, 2018 Opinion or Order Filing 2177 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 4/1/2018 through 4/30/2018 as it relates to both sides and totaling $10,000.00. Signed by Judge R David Proctor on 5/22/2018. (KAM)
May 22, 2018 Opinion or Order Filing 2176 ORDER REGARDING HCSCS SAMPLE DOCUMENTS - Document CNTRL 08955649 - Plaintiffs objection regarding this document is MOOT. Document HCSC-E005 205137 - Plaintiffs objection regarding this document is MOOT. Signed by Judge R David Proctor on 5/22/2018. (KAM)
May 22, 2018 Opinion or Order Filing 2175 ORDER REGARDING HEALTHNOW NEW YORKS SAMPLE DOCUMENTS - Document HN-PL00002623 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 5/22/2018. (KAM)
May 21, 2018 Filing 2174 RESPONSE to re #2172 Plaintiffs' Objections to Special Master's Report and Recommendation on HCSC Privilege Log Samples filed by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health Care Service Corporation. (Zeiger, Jeffrey)
May 21, 2018 Opinion or Order Filing 2173 ORDER before the court is Defts and Providers Joint Motion Regarding Costs Incurred by Aetna and Humana #2066 ; Aetna and Humana are ORDERED to submit their outside counsels detailed time sheets no later than June 4, 2018; to the extent time sheets exist for the contract attorneys review, Aetna and Humana are ORDERED to submit those time sheets no later than June 4, 2018, as well. Signed by Magistrate Judge T Michael Putnam on 5/21/2018. (KAM)
May 18, 2018 Filing 2172 RESPONSE to re #2165 Plaintiffs' Objections to Special Master's Report and Recommendation on HCSC Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 18, 2018 Filing 2171 ***Document Sealed*** OBJECTION OF HEALTHNOW NEW YORK TOSPECIAL MASTER REPORT AND RECOMMENDATION (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D-1, #5 Exhibit D-2, #6 Exhibit D-3) (KAM)
May 18, 2018 Filing 2170 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on 5/18/2018: #1 Unredacted R&R) (KAM, ).
May 16, 2018 Filing 2169 RESPONSE to re #2148 Blue Cross and Blue Shield of Alabama's Justifications to Maintain Seals and Redactions on Certain Portions of Provider Plaintiffs' Status Report Regarding Pending Issues In Light of April 5, 2018 Ruling and Certain Accompanying Exhibits (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
May 15, 2018 Filing 2168 ***Document Sealed*** CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO COMPEL (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5A, #6 Exhibit 5B, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) (KAM)
May 15, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 5/15/2018; Privilege Master's Update; Motions #2066 & #2074 , argument by counsel; court's remarks; hrg adj (Court Reporter Leah Turner) (ASL)
May 14, 2018 Opinion or Order Filing 2167 ORDER REGARDING BLUE SHIELD OF CALIFORNIAS SAMPLE DOCUMENTS - Document BCBS-002137601; Objection overruled. Ruling: Privilege claim upheld. Document BCBS-006567335; Objection sustained. Ruling: Privilege claim unsubstantiated. Document BOX10-0002452; Objection overruled. Ruling: Privilege claim upheld. Document SHRDN_PAPER-0136365; Objection overruled. Ruling: Privilege claim upheld.Signed by Judge R David Proctor on 5/14/2018. (KAM)
May 11, 2018 Filing 2166 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HEALTHNOW NEW YORK INC.. (Harwood, R)
May 11, 2018 Filing 2165 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HEALTH CARE SERVICE CORPORATION AND CARING FOR MONTANANS, INC.. (Harwood, R)
May 10, 2018 Filing 2164 ***Document Sealed*** PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTSFROM CERTAIN DEFENDANTS' PRIVILEGE LOGS (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit A-I) (KAM)
May 10, 2018 Filing 2163 ***Document Sealed*** CALIFORNIA PHYSICIANS SERVICE INC.S RESPONSE TO PLAINTIFFSOBJECTION TO THE SPECIAL PRIVILEGE MASTERSAPRIL 30, 2018 REPORT & RECOMMENDATION (KAM)
May 10, 2018 Filing 2162 MOTION to Compel Production of Documents From Certain Defendants' Privilege Logs by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit A-I)(Ragsdale, Barry)
May 9, 2018 Filing 2161 ***Document Sealed*** REPLY MEMORANDUM IN SUPPORT OF SUBSCRIBERPLAINTIFFS RENEWED MOTION FOR APROTECTIVE ORDER AS TO CLASS MEMBER CONTACTS (Attachments: #1 Exhibit A) (KAM)
May 9, 2018 Filing 2160 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2073 MOTION for Protective Order Renewed Motion for Protective Order as to BCBS-AL's Contacts with Putative Class Members filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
May 9, 2018 Opinion or Order Filing 2159 ORDER- re: Motion for Certification #2085 , on or before 5/24/2018, parties SHALL each file a report, limited to twenty pages, addressing in detail what issues (evidentiary or legal) in their class certification motions or responses should be differently analyzed if the court, contrary to its rulings previously, were to apply (1) the rule of reason standard of review to Plaintiffs claims regarding the aggregation of ESAs and National Best Efforts or (2) the per se standard of review to Plaintiffs claims regarding Blue Card.1The Clerk of the Court is directed to ADMINISTRATIVELY TERMINATE Plaintiffs Motion for Oral Argument. #2157 .Signed by Judge R David Proctor on 5/9/2018. (KAM)
May 9, 2018 Opinion or Order Filing 2158 ORDER REGARDING PREMERA BLUE CROSSS SAMPLE DOCUMENTS - Document Premera-Incamera-000113; Objection: sustained in part. Ruling: Privilege claim upheld in part and unsubstantiated in part. Signed by Judge R David Proctor on 5/9/2018. (KAM)
May 8, 2018 Filing 2157 MOTION for Oral Argument re #2085 MOTION for Certification Under 28 U.S.C. 1292(b) by Plaintiffs' Counsel. (Whatley, Joe)
May 8, 2018 Filing 2156 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #2127 Opposition (other), #2129 Opposition (other), Plaintiffs' Consolidated Reply In Support of Motion for Sanctions Against BCBS-AL for Violation of Discovery Order 76 filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit J)(Whatley, Joe)
May 8, 2018 Filing 2155 STATUS REPORT Concerning Justifications to Maintain Seals and Redactions on Certain Portions of Subscriber Plaintiffs' Renewed Motion for Protective Order and Certain Accompanying Exhibits by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
May 7, 2018 Filing 2154 STATUS REPORT Concerning Personally Identifiable Information Contained in Sealed Exhibit to its Opposition to Subscribers' Renewed Motion for Protective Order by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
May 7, 2018 Filing 2153 ***Document Sealed*** PLAINTIFFS' OBJECTIONS TO SPECIAL MASTER'SREPORT AND RECOMMENDATION ON BLUE SHIELD OFCALIFORNIA PRIVILEGE LOG SAMPLES (Attachments: #1 Exhibit 1) (KAM)
May 7, 2018 Filing 2152 RESPONSE to re #2133 Plaintiffs' Objections to Special Master's Report and Recommendation on Blue Shield of California Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1)(Ragsdale, Barry)
May 7, 2018 Opinion or Order Filing 2151 ORDER granting #2128 Motion for Leave to File Excess Pages. Signed by Magistrate Judge T Michael Putnam on 5/7/2018. (KAM)
May 4, 2018 Filing 2150 ***Document Sealed*** PREMERA BLUE CROSSS RESPONSE TO PLAINTIFFS OBJECTION TO THESPECIAL MASTERS APRIL 24, 2018 REPORT & RECOMMENDATION (Attachments: #1 Exhibit A) (KAM)
May 3, 2018 Filing 2149 REDACTED Transcript of Proceedings held on 11/13/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018. Release of Transcript Restriction set for 8/1/2018. (KAM)
May 2, 2018 Filing 2148 STATUS REPORT BCBSAL's Justifications to Maintain Seal and Redactions on Provider Plaintiffs' Status Report Regarding Pending Issues in Light of April 5, 2018 Ruling and Certain Accompanying Exhibits by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
May 2, 2018 Filing 2147 NOTICE by Blue Cross and Blue Shield of Alabama Notice of Filing Pursuant to Order Regarding Rule 5.2 (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkhalter, Carl)
May 2, 2018 Filing 2146 ***Document Sealed*** DEFENDANTS1 AND PROVIDER PLAINTIFFS JOINT REPLY IN SUPPORT OFMOTION REGARDING COSTS INCURRED BY AETNA AND HUMANA (KAM)
May 2, 2018 Filing 2145 RESPONSE in Support re #2123 Joint MOTION Reimbursement of Costs and Fees re #2062 Joint MOTION for Discovery Re Costs Incurred by Aetna & Humana jointly filed by Provider Plaintiffs and filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(West, Kimberly)
May 2, 2018 Opinion or Order Filing 2144 TEXT ORDER-This matter is before the court on Provider Plaintiffs Motion for Partial Summary Judgment. #2120 Any responses to the Motion are due on or before June 26, 2018. Any replies are due on or before July 26, 2018. Signed by Judge R David Proctor on 5/2/2018. (KAM)
May 1, 2018 Filing 2143 ***Document Sealed *** PLAINTIFFS' OBJECTIONS to Special Master's Report and Recommendation #2114 on Premera's privilege log samples (Attachments: #1 Exhibit 1) (KAM)
May 1, 2018 Opinion or Order Filing 2142 ORDER This case is before the court on Defendant Blue Cross and Blue Shield of Alabamas Motion to Exceed Page Limit. #2128 . Plaintiffs oppose the motion. #2131 . The motion, which concerns a brief filed in opposition to a request for discovery sanctions, is properly before Judge Putnam and will not be ruled upon in this order. Nevertheless, the rancorous briefing regarding this motion compels the court to weigh in on this current chapter of the parties discovery soap opera as set out in this order; the court leaves it to Judge Putnam to address this motion.Signed by Judge R David Proctor on 5/1/2018. (KAM)
May 1, 2018 Filing 2141 RESPONSE to re #2114 Plaintiffs' Objections to Special Master's Reports and Recommendation on Premera Privilege Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 1, 2018 Filing 2140 NOTICE SUBSCRIBER PLAINTIFFS NOTICE OF FILING REDACTED DOCUMENTS re #1436 Document Sealed,,,,,,,,, #1352 Document Sealed,,,,,,,,,,,,,,,,,,,, of Filing Redacted Excerpts of Certain Sealed Exhibits (Attachments: #1 A - Leahey Tr., #2 B - Hedges Tr., #3 C - Wilson Tr., #4 D - Carter Tr., #5 E - Putziger Tr., #6 F - Murphy Tr., #7 G - Rotunno Tr., #8 H - Serota Tr., #9 I - Serota2 Tr., #10 J - Carden Tr., #11 K - Kellogg Tr., #12 L - Swedish Tr., #13 M - Anthem Tr.)(Stokes, Tammy) Modified on 5/2/2018 (KAM, ).
April 30, 2018 Filing 2139 REPLY Brief filed by Defendant Defendants' Counsel re: #2085 MOTION for Certification Under 28 U.S.C. 1292(b) filed by Defendants' Counsel. (Zott, David)
April 30, 2018 Opinion or Order Filing 2138 THIRD AMENDMENT TO DISCOVERY ORDER No. 76 as set out in this order. Signed by Magistrate Judge T Michael Putnam on 4/29/2018. (KAM)
April 30, 2018 Opinion or Order Filing 2137 ORDER The Seal Team is ORDERED to meet with Judge Harwood on May 15, 2018, at 11:00 a.m. in Courtroom 3B, Hugo L. Black US Courthouse, Birmingham, Alabama. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on 4/30/2018. (KAM)
April 30, 2018 Filing 2136 ***Document Sealed *** DEFENDANT BCBS of Alabama's OPPOSITION to Subscriber Plaintiffs' RENEWED MOTION for Protective Order as to BCBSAL's contacts with putative class members (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit G) (KAM)
April 30, 2018 Filing 2135 ***Document Sealed *** DEFENDANT BCBS Alabama's OPPOSITION to Plaintiffs' Motion for Sanctions for violation of Discovery Order No. 76 (KAM)
April 30, 2018 Filing 2134 RESPONSE in Support re #2128 MOTION for Leave to File Excess Pages filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
April 30, 2018 Filing 2133 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE SHIELD OF CALIFORNIA. (Harwood, R) (Additional attachment(s) added on 4/30/2018: #1 Unredacted R&R) (KAM, ).
April 30, 2018 Opinion or Order Filing 2132 TEXT ORDER This matter is before the court on an informal request from Defendants' counsel for an enlargement to 20 pages for their consolidated reply to Plaintiffs' separate oppositions to their Motion for Certification under 28 U.S.C. 1292(b). #2085 The court understands that Defendants' counsel reached out to Plaintiffs' counsel, who do not oppose this request. Therefore, the request is GRANTED. Signed by Judge R David Proctor on 4/29/2018. (KAM)
April 29, 2018 Filing 2131 RESPONSE in Opposition re #2128 MOTION for Leave to File Excess Pages filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
April 27, 2018 Filing 2130 Opposition to Subscriber Plaintiffs' Renewed Motion for Protective Order as to BCBSAL's Contacts with Punative Class Members filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Burkhalter, Carl)
April 27, 2018 Filing 2129 Opposition to Plaintiffs' Motion for Sanctions for Violation of Discovery Order No. 76 filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Burkhalter, Carl)
April 27, 2018 Filing 2128 MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
April 27, 2018 Filing 2127 Opposition to re #2074 Plaintiffs' Motion for Sanctions Against BCBS-AL for Violation of Discovery Order 76 filed by Defendants' Counsel. (Zott, David)
April 26, 2018 Filing 2126 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HEALTH CARE SERVICE CORPORATION AND CARING FOR MONTANANS, INC.. (Harwood, R)
April 25, 2018 Filing 2125 STATUS REPORT BCBSAL's Justifications to Maintain Seal and Redactions on Certain Portions of Subscriber Plaintiffs' Renewed Motion for Protective Order and Certain Accompanying Exhibits by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
April 25, 2018 Filing 2124 RESPONSE in Opposition re #2085 MOTION for Certification Under 28 U.S.C. 1292(b) filed by Plaintiffs' Counsel. (Hellums, Christopher)
April 25, 2018 Filing 2123 Joint MOTION Reimbursement of Costs and Fees re #2062 Joint MOTION for Discovery Re Costs Incurred by Aetna & Humana by AETNA, Inc., Humana Inc.. (Attachments: #1 Exhibit 1 - Subpoena, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Letter, #6 Exhibit 6 - Letter, #7 Exhibit 7 - Letter, #8 Exhibit 8 - Letter, #9 Exhibit 9 - Letter, #10 Exhibit 10 - Letter, #11 Exhibit 11 - Letter, #12 Exhibit 12 - Letter, #13 Exhibit 13 - Letter, #14 Exhibit 14 - Email, #15 Exhibit 15 - Email, #16 Exhibit 16 - Email, #17 Exhibit 17 - Email, #18 Exhibit 18 - Email, #19 Exhibit 19 - Email, #20 Exhibit 20 - Email, #21 Exhibit 21 - Letter, #22 Exhibit 22 - Email, #23 Exhibit 23 - Email, #24 Exhibit 24 - Email, #25 Exhibit 25 - Letter, #26 Exhibit 26 - Letter, #27 Exhibit 27 - Fee Application, #28 Exhibit 28 - Fee Application)(Weyman, Benjamin) Modified on 10/25/2018 (KAM, ).
April 25, 2018 Filing 2122 RESPONSE in Opposition re #2085 MOTION for Certification Under 28 U.S.C. 1292(b) (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
April 25, 2018 Opinion or Order Filing 2121 ORDER REGARDING RULE 5.2 - the request contained in #2116 is GRANTED IN PART; Pursuant to Federal Rule of Civil Procedure 5.2(d), BCBS-AL is ORDERED to file redacted versions of Documents 2093-1 and 2093-3 on the public docket; absent a contrary order of the court in a particular circumstance, the court SUSPENDS the operation of Rule 5.2(d) in this MDL. Counsel in this MDL SHALL NOT file under seal any documents that merely require redaction, particularly where redaction will not obscure the substance of the document. Signed by Judge R David Proctor on 4/25/2018. (KAM)
April 25, 2018 Filing 2120 MOTION for Partial Summary Judgment Against Certain Defendants That Were Not Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield Association (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
April 25, 2018 Opinion or Order Filing 2119 ORDER REGARDING EXCELLUS HEALTH PLAN, INC. d/b/a EXCELLUS BLUECROSS BLUESHIELDS SAMPLE DOCUMENTS - Document EXCELLUS_PL_00000470 - Objection overruled. Ruling: Privilege claim upheld; Document EXCELLUS_PL_00000484 - Objection sustained. Ruling: Privilege claim upheld; Document EXCELLUS_PL_00000485 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 4/25/2018. (KAM)
April 25, 2018 Filing 2118 Transcript of Proceedings held on 4/19/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Leah Turner/Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/16/2018. Redacted Transcript Deadline set for 5/26/2018. Release of Transcript Restriction set for 7/24/2018. (Attachments: #1 CR certification) (KAM)
April 25, 2018 Filing 2117 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on 4/25/2018: #1 Exhibit Unredacted Brief) (PSM, ).
April 24, 2018 Filing 2116 STATUS REPORT BCBSAL's Justifications to Maintain Seal on Exhibits C and E to its Status Report Regarding Plaintiffs' Refusal to Follow Court-Imposed Limitations on Re-Opened Deposition by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
April 24, 2018 Filing 2115 Transcript of Proceedings held on April 19, 2018, before Judge T Michael Putnam. Court Reporter/Transcriber Leah Turner/ Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/15/2018. Redacted Transcript Deadline set for 5/25/2018. Release of Transcript Restriction set for 7/23/2018. (Attachments: #1 Certificate) (SAC )
April 24, 2018 Filing 2114 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT PREMERA. (Harwood, R)
April 23, 2018 Opinion or Order Filing 2113 MODIFICATION to DISCOVERY ORDER No. 88- The motion #2036 is GRANTED IN PART and DENIED IN PART. The motion is GRANTED insofar as the depositions of Kellogg and Stone are held in abeyance until June 22, 2018. The motion is DENIED WITHOUT PREJUDICE insofar as the plaintiffs seek to amend Discovery Order No. 88 to expand the length and scope of the depositions. Plaintiffs may file a renewed motion to amend Discovery Order No. 88 at the conclusion of the abeyance period, explaining in detail the grounds supporting the plaintiffs' requested relief regarding the length and scope of the depositions. Signed by Magistrate Judge T Michael Putnam on 4/23/18. (SAC )
April 23, 2018 Opinion or Order Filing 2112 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT The court has reviewed the application, and finds it to be fair and reasonable. The court ORDERS that the Special Master's application for payment is approved, with one-half of the billing for common projects, plus the billing that's specific only to subscriber Track projects, or $32,500.00, to be paid by the Subscriber Track and one-half of the billing for common projects, plus the billing that's specific only to Provider Track projects, or $22,500.00, to be paid by the Provider Track, from their Common Benefit monies. The court reserves the power to modify the terms of this order. Signed by Judge R David Proctor on 4/23/18. (SAC )
April 23, 2018 Opinion or Order Filing 2111 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT The court has reviewed the application, and finds it to be fair and reasonable. The court ORDERS that the Special Master's application for payment is approved, with: (i) one-half, or $2,500.00, to be paid by the Defendants; and (ii) one-fourth, or $1,250.00, to be paid by the Subscriber Track, and one-fourth, or $1,250.00, to be paid by the Provider Track, from their Common Benefit monies. The Court reserves the power to modify the terms of this order. Signed by Judge R David Proctor on 4/23/18. (SAC )
April 23, 2018 Filing 2110 Transcript of Proceedings held on April 19, 2018, before Judge R David Proctor. Court Reporter/Transcriber Leah S Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018. Release of Transcript Restriction set for 7/22/2018. (SAC )
April 20, 2018 Opinion or Order Filing 2109 TEXT ORDER-This matter is before the court on Plaintiffs Motion to Amend Order Appointing Privilege Master. #1763 For the reasons discussed on the record in open court on April 19, 2018, the Motion #1961 is DENIED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 4/20/2018. (KAM)
April 20, 2018 Opinion or Order Filing 2108 TEXT ORDER This matter is before the court on Defendants' Motion for Certification under 28 U.S.C. 1292(b). #2085 Any response from Plaintiffs is due on or before April 25, 2018. Any reply from Defendants is due on or before April 30, 2018. Signed by Judge R David Proctor on 4/20/2018. (KAM)
April 20, 2018 Filing 2107 ***Document Sealed*** DEFENDANT Excellus" RESPONSE to plaintiffs' objection to the Special Master's 4/10/2018 Report and Recommendation #2069 (KAM)
April 20, 2018 Filing 2106 RESPONSE to re #2092 of Excellus to Plaintiff's Objection to the Special Master's 4.10.18 Report & Recommendation (Redacted) filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Schmidt, John)
April 19, 2018 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 4/19/2018 re #1961 SEALED MOTION. (Court Reporter Leah Turner.) (KLL)
April 19, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 4/19/2018: re #2036 , #2061 , #2089 ; oral argument by counsel; court's remarks; hrg adj. (Court Reporter Leah Turner) (ASL)
April 18, 2018 Filing 2105 RESPONSE to re #2089 BCBSAL's Status Report Regarding Plaintiffs' Refusal to Follow Court-Imposed Limitations on Re-Opened Deposition filed by Plaintiffs' Counsel. (Whatley, Joe)
April 18, 2018 Filing 2104 ***Document Sealed*** DEFENDANT BCBS of Alabama's RESPONSE to Plaintiffs' Motion to Compel production of documents from certain defendants' privilege logs (KAM)
April 18, 2018 Filing 2103 ***Document Sealed *** PROVIDER PLAINTIFFS' STATUS REPORT regarding pending issues in light of 4/5/2018 Ruling (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11-1, #12 Exhibit 11-2, #13 Exhibit 11-3, #14 Exhibit 11-4, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22) (KAM)
April 18, 2018 Filing 2102 STATUS REPORT on Privilege Logs by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: #1 Exhibit A)(Ragsdale, Barry)
April 18, 2018 Filing 2101 STATUS REPORT Regarding Pending Issues In Light of April 5, 2018 Ruling (Provider Plaintiffs) (Redacted) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22)(Whatley, Joe)
April 18, 2018 Filing 2100 NOTICE by Defendants' Counsel re #2086 Status Report (Kimble, Cavender)
April 18, 2018 Filing 2099 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on 4/18/2018: #1 Exhibit Unredacted Brief) (PSM, ).
April 18, 2018 Opinion or Order Filing 2098 TEXT ORDER-This matter is before the court on Subscriber Plaintiffs' Renewed Motion for a Protective Order as to BCBS-AL's Contacts with Putative Class Members. #2073 . Any response to the Motion #2073 is due on or before April 27, 2018; any reply is due on or before May 9, 2018. Signed by Judge R David Proctor on 4/18/2018. (KAM)
April 17, 2018 Filing 2097 ***Document Sealed **DEFENDANT CAPITAL BLUECROSS RESPONSE to plaintiffs' motion to compel production of documents from certain defendants' privilege logs (Attachments: #1 Exhibit) (KAM)
April 17, 2018 Filing 2096 ***Document Sealed **Excellus' OBJECTION to the 4/10/2018 REPORT & RECOMMENDATION of the Special Master (KAM)
April 17, 2018 Filing 2095 RESPONSE to Plaintiffs' Motion to Compel Production of Documents from Certain Defendants' Privilege Logs filed by Blue Cross and Blue Shield of Alabama. (Malatesta, John)
April 17, 2018 Filing 2094 ***Document Sealed ***DEFENDANT BCBS of North Carolina's RESPONSE to plaintiffs' Motion to Compel production of documents from certain defendants' privilege logs (KAM)
April 17, 2018 Filing 2093 ***Document Sealed **DEFENDANT BCBSAL's STATUS REPORT regarding plaintiffs' refusal to follow court-imposed limitations on re-opened deposition (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E) (KAM)
April 17, 2018 Filing 2092 NOTICE by Plaintiffs' Liaison Counsel re #2069 Brief Plaintiffs' Objections to Special Master's Reports and Recommendation on Excellus Privilege Log Samples (Ragsdale, Barry)
April 17, 2018 Filing 2091 Opposition to re #2069 April 10, 2018 Report & Recommendation of Special Master (Redacted) filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Schmidt, John)
April 17, 2018 Filing 2090 ***Document Sealed **BCBS Association's RESPONSE to plaintiff's Motion to Compel production of documents from certain defendants' privilege logs (KAM)
April 17, 2018 Filing 2089 STATUS REPORT Regarding Plaintiffs' Refusal to Follow Court-Imposed Limitations on Re-Opened Deposition by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Burkhalter, Carl)
April 17, 2018 Filing 2088 STATUS REPORT Report Regarding Proposed Agenda for Hearing and Status Conference on April 19, 2018 by Special Master. filed by Special Master (Gentle, Edgar)
April 16, 2018 Filing 2087 STATUS REPORT by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
April 16, 2018 Filing 2086 STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit 1)(Hoover, Craig)
April 16, 2018 Filing 2085 MOTION for Certification Under 28 U.S.C. 1292(b) by Defendants' Counsel. (Attachments: #1 Memorandum in Support)(Zott, David)
April 16, 2018 Filing 2084 ***Document Sealed ** PLAINTIFFS' REPLY in Support of Motion to Amend Discovery Order 88 (KAM)
April 16, 2018 Opinion or Order Filing 2083 ORDER for the reasons explained in the accompanying Memorandum Opinion, #1392 Motion for Partial Summary Judgment Regarding Issues Decided in United States v. Anthem is DENIED. Signed by Judge R David Proctor on 4/16/2018. (KAM)
April 16, 2018 Filing 2082 MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/16/2018. (KAM)
April 13, 2018 Opinion or Order Filing 2081 TEXT ORDER re #2072 Motion for Sanctions Against BCBS-AL for Violation of Discovery Order 76. A response is due no later than April 27, 2018. A reply, if any, is due no later than May 8, 2018. Argument is set for May 15, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on April 13, 2018. (JTS)
April 12, 2018 Filing 2080 SEALED MOTION ** PLAINTIFFS' MOTION to COMPEL Production of Documents from certain Defendants' Privilege Logs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit A-T)(KAM)
April 12, 2018 Filing 2079 RESPONSE to re #2061 Plaintiffs' Status Report Regarding Continuing Area of Relevant Discovery filed by Defendants' Counsel. (Zott, David)
April 12, 2018 Opinion or Order Filing 2078 ORDER granting in part #1765 Motion to Unseal Document ; The court will provide a copy of the transcript to counsel participating in the conference via e-mail. Within seven (7) days of receipt of the e-mail containing the transcript, any proposed redactions should be provided via e-mail to chambers at proctor_chambers@alnd.uscourts.gov. Despite the granting of the motion, counsel receiving the transcript SHALL NOT allow anyone unnecessary to the redaction process to view the unredacted transcript. The court will thereafter enter an appropriate redacted version of the transcript on the docket.Signed by Judge R David Proctor on 4/12/2018. (KAM)
April 12, 2018 Opinion or Order Filing 2077 TEXT ORDER granting #2067 BCBS-AL's Motion to Exceed Page Limit. Signed by Magistrate Judge T Michael Putnam on April 12, 2018. (JTS)
April 12, 2018 Opinion or Order Filing 2076 TEXT ORDER re #2066 Joint Motion Regarding Costs Incurred by Aetna and Humana. The Motion Hearing previously set for May 17, 2018, is RESET for May 15, 2018, at 1:00 pm in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on April 12, 2018. (JTS)
April 11, 2018 Filing 2075 SEALED MOTION **SUBSCRIBER PLAINTIFFS' Renewed MOTION for PROTECTIVE ORDER as to BCBS-AL's Contacts with Putative Class Members. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19)(KAM) Modified on 4/12/2018 (KAM, ).
April 11, 2018 Filing 2074 SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS' MOTION FOR SANCTIONS against BCBA-AL for violation of Discovery Order 76. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(KAM) Modified on 4/12/2018 (KAM, ).
April 11, 2018 Filing 2073 MOTION for Protective Order Renewed Motion for Protective Order as to BCBS-AL's Contacts with Putative Class Members by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2 - Sealed, #3 Exhibit 3 - Sealed, #4 Exhibit 4, #5 Exhibit 5 - Sealed, #6 Exhibit 6 - Sealed, #7 Exhibit 7 - Sealed, #8 Exhibit 8 - Sealed, #9 Exhibit 9 - Sealed, #10 Exhibit 10 - Sealed, #11 Exhibit 11 - Sealed, #12 Exhibit 12 - Sealed, #13 Exhibit 13 - Sealed, #14 Exhibit 14 - Sealed, #15 Exhibit 15 - Sealed, #16 Exhibit 16 - Sealed, #17 Exhibit 17 - Sealed, #18 Exhibit 18 - Sealed, #19 Exhibit 19 - Sealed)(Ragsdale, Barry)
April 11, 2018 Filing 2072 MOTION for Sanctions Against BCBS-AL for Violation of Discovery Order 76 by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Ragsdale, Barry)
April 10, 2018 Filing 2071 ***Document Sealed **DEFENDANT BCBS of Alabama's OPPOSITION to plaintiffs' Motion to amend Discovery Order No. 88 (KAM)
April 10, 2018 Opinion or Order Filing 2070 TEXT ORDER re #2066 Joint Motion Regarding Costs Incurred by Aetna and Humana. Any responses to the motion are due no later than April 25, 2018. Replies, if any, are due no later than May 2, 2018. Argument is SET for May 17, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on April 10, 2018. (JTS)
April 10, 2018 Filing 2069 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT EXCELLUS HEALTH PLAN, INC., D/B/A EXCELLUS BLUECROSS BLUESHIELD. (Harwood, R)
April 9, 2018 Filing 2068 Opposition to Plaintiffs' Motion to Amend Discovery Order No. 88 filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Malatesta, John)
April 9, 2018 Filing 2067 MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
April 9, 2018 Filing 2066 Joint MOTION for Discovery Re Costs Incurred by Aetna & Humana by Defendants' Counsel. (West, Kimberly) Modified on 10/25/2018 (KAM, ).
April 5, 2018 Filing 2065 SEALED MOTION - DEFENDANTS' and PROVIDER PLAINTIFFS' Joint Motion regarding costs incurred by Aetna and Humana. (KAM) Modified on 4/9/2018 (KAM, ).
April 5, 2018 Opinion or Order Filing 2064 ORDER REGARDING SECTION 1 STANDARD OF REVIEW AND SINGLE ENTITY DEFENSE; The #1348 MOTION for Partial Summary Judgment is GRANTED, The Provider Plaintiffs' #1350 SEALED MOTION for Partial Summary Judgment is GRANTED IN PART AND DENIED IN PART, The #1353 MOTION for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims is GRANTED IN PART AND DENIED IN PART, The #1434 SEALED MOTION for Partial Summary Judgment on Defendants' "Single Entity" Defense is DENIED in accordance with the Memorandum Opinion entered contemporaneously herewith. Signed by Judge R David Proctor on 4/5/2018. (JLC)
April 5, 2018 Filing 2063 MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/5/2018. (JLC)
April 5, 2018 Filing 2062 ***FILED UNDER SEAL at the request of Chambers***Joint MOTION for Discovery Re Costs Incurred by Aetna & Humana by Defendants' Counsel. (West, Kimberly) Modified on 4/6/2018 (JLC). Modified on 4/9/2018 (KAM, ).
April 4, 2018 Filing 2061 STATUS REPORT Plaintiffs' Corrected Status Report Regarding Continuing Area of Relevant Discovery by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale, Barry)
April 4, 2018 Filing 2060 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on 4/4/2018: #1 Exhibit Unredacted Brief) (PSM, ).
April 3, 2018 Filing 2059 STATUS REPORT Plaintiffs' Status Report Regarding Continuing Area of Relevant Discovery by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale, Barry)
April 3, 2018 Filing 2058 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HEALTH CARE SERVICE CORPORATION AND CARING FOR MONTANANS, INC.. (Harwood, R)
April 2, 2018 Opinion or Order Filing 2057 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF NORTH DAKOTA'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 4/2/2018. (JLC)
April 2, 2018 Opinion or Order Filing 2056 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF TENNESSEE'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 4/2/2018. (JLC)
April 2, 2018 Opinion or Order Filing 2055 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF MICHIGAN'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 4/2/2018. (JLC)
April 2, 2018 Opinion or Order Filing 2054 SUPPLEMENTAL ORDER REGARDING DISCOVERY ORDER NO. 76. Signed by Judge R David Proctor on 4/2/2018. (JLC)
March 28, 2018 Opinion or Order Filing 2053 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF VERMONTS SAMPLE DOCUMENTS - Document BCBSVT-00183413 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 3/28/2018. (KAM)
March 27, 2018 Filing 2052 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT HEALTH CARE SERVICE CORPORATION AND CARING FOR MONTANANS, INC.. (Harwood, R)
March 27, 2018 Opinion or Order Filing 2050 TEXT ORDER re #2036 and #2038 Plaintiffs' Motion to Amend Discovery Order No. 88. Any response to this motion is due no later than April 9, 2018. A reply, if any, is due no later April 16, 2018. The court will hear argument on April 19, 2018, at the conclusion of Judge Proctor's hearing and/or at 1:30 p.m. in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on March 27, 2018. (JTS)
March 26, 2018 Filing 2051 ***Document Sealed ***DEFENDANT BCBS of Michigan's RESPONSE to Plaintiffs' Objection to March 14, 2018 Report & Recommendation of the Special Master (Attachments: #1 Exhibit E - part 1, #2 Exhibit E - part 2, #3 Exhibit E - part 3, #4 Exhibit E - part 4, #5 Exhibit E - part 5, #6 Exhibit E - part 6, #7 Exhibit F) (KAM)
March 26, 2018 Filing 2049 ***Document Sealed ** DEFENDANT BCBS of TN Inc's RESPONSE to plaintiffs' objections to the 3/14/2018 Report and Recommendation of the Special Privilege Master (KAM)
March 26, 2018 Opinion or Order Filing 2048 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from February 1, 2018 through February 28, 2018 in this matter as it relates to services rendered for both sides of the case, and totaling $3,500.00. Signed by Judge R David Proctor on 3/26/2018. (KAM)
March 26, 2018 Opinion or Order Filing 2047 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from February 1, 2018 through February 28, 2018 in this matter relating solely to services provided to the Plaintiffs, and totaling $58,000.00. Signed by Judge R David Proctor on 3/26/2018. (KAM)
March 23, 2018 Filing 2046 Opposition to re #2035 BCBS-ND's Objections to Special Master's Report & Recommendation filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
March 23, 2018 Filing 2045 REPLY to re #1961 In Support of Motion to Amend Order Appointing Privilege Master (Redacted) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
March 23, 2018 Filing 2044 ***Document Sealed **PLAINTIFFS' REPLY in support of Motion to Amend Order Appointing Privilege Master (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KAM)
March 23, 2018 Filing 2043 ***Document Sealed ***DEFENDANT BCBS of North Dakota's RESPONSE to Plaintiffs' Objection to Special Master Report #2034 (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
March 23, 2018 Filing 2042 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT USABLE MUTUAL INSURANCE COMPANY, DOING BUSINESS AS ARKANSAS BLUE CROSS AND BLUE SHIELD. (Harwood, R) (Additional attachment(s) added on 3/23/2018: #1 Exhibit Unredacted Brief) (PSM, ).
March 23, 2018 Opinion or Order Filing 2041 TEXT ORDER This matter is before the court on Plaintiffs Motion for Extension of Time to File Rule 72 Objection to Discovery Order No. 87. #2040 The current basis for Plaintiffs Motion is too speculative to warrant relief at this point in time. The Motion #2040 is DENIED WITHOUT PREJUDICE. If a concrete basis for an objection is discovered after the deadline to file an objection has run, Plaintiffs may seek to file an objection out of time.Signed by Judge R David Proctor on 3/23/2018. (KAM)
March 22, 2018 Filing 2040 MOTION for Extension of Time to File Rule 72 Objection To Discovery Order No. 87 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
March 22, 2018 Filing 2039 STATUS REPORT on Motions to Compel by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
March 21, 2018 Filing 2038 SEALED MOTION **Plaintiffs' MOTION to amend Discovery Order No. 88. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(KAM)
March 21, 2018 Filing 2037 ***Document Sealed Plaintiffs' Objection to Special Master's Report and Recommendation on BCBS-TN and BCBS-MI Privilege Log Samples (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
March 21, 2018 Filing 2036 MOTION to Amend/Correct Discovery Order No. 88 (Redacted) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Whatley, Joe)
March 20, 2018 Filing 2035 ***Document Sealed** BCBS of North Dakota's OBJECTION to Special Master Report and Recommendation #2024 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
March 20, 2018 Filing 2034 NOTICE by Plaintiffs' Liaison Counsel re #2024 Brief Plaintiffs' Objections to Special Master's Reports and Recommendation on BCBS-ND Privilege Log Samples (Ragsdale, Barry)
March 20, 2018 Filing 2033 ***Document Sealed ** BCBS of Vermont's OBJECTION to the 3/13/2018 Report & Recommendation of the Special Master (KAM)
March 20, 2018 Opinion or Order Filing 2032 TEXT ORDER - The hearing on Plaintiffs' Motion to Amend Order Appointing Privilege Master #1961 previously set for April 5, 2018, is hereby RE-SET for 9:00 a.m. on Thursday, April 19, 2018 in courtroom 7A of the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama. In addition, the court has received notice from the Special Master that the opportunity the court allowed the parties to explore the possibility of a resolution of this matter is no longer proving fruitful. Therefore, at the April 19, 2018 hearing, in addition to arguing Plaintiffs' Motion to Amend Order Appointing Privilege Master, the parties SHALL be prepared to discuss an aggressive schedule for the first phase of this case, including class certification motions, expert reports, Daubert motions, and dispositive motions. The parties SHALL (1) meet and confer regarding proposed deadlines, and (2) on or before April 16, 2018, file a joint report regarding any agreed-upon deadlines and/or the parties' respective proposals for those deadlines.. Signed by Judge R David Proctor on 3/20/2018. (KAM)
March 16, 2018 Filing 2031 RESPONSE in Opposition re #1961 SEALED MOTION to Amend Order Appointing Privilege Master filed by Defendants' Counsel. (Bulander, Mathea)
March 16, 2018 Filing 2030 RESPONSE to re #2026 Blue Cross Blue Shield of Massachusetts Response to Plaintiffs' Notice Regarding Report & Recommendation filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 9/20/2017 email, #2 Exhibit B - 11/7/2017 email, #3 Exhibit C - 11/8/2017 BCBSMA production excerpt, #4 Exhibit D - 11/10/2017 email, #5 Exhibit E - in camera review cover sheets)(Cohen, Lucile)
March 16, 2018 Filing 2029 Transcript of Proceedings held on March 8, 2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number (205) 278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (MRR, )
March 14, 2018 Filing 2028 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF TENNESSEE. (Harwood, R) (Additional attachment(s) added on 3/14/2018: #1 Exhibit Unredacted Brief) (PSM, ).
March 14, 2018 Filing 2027 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF MICHIGAN. (Harwood, R) (Additional attachment(s) added on 3/14/2018: #1 Exhibit Unredacted Brief) (PSM, ).
March 13, 2018 Filing 2026 NOTICE by Plaintiffs' Counsel re #1999 Brief regarding Special Master's Report & Recommendation on BCBS-MA Privilege Log Samples (Attachments: #1 Exhibit A, #2 Exhibit B)(Ragsdale, Barry)
March 13, 2018 Filing 2025 RESPONSE to re #2010 Plaintiffs' Response in Opposition to BCBS-AL's Justification to Maintain Redactions Contained in Plaintiffs' Response In Opposition to BCBS-AL's Motion for Limited Protective Order Regarding Ostlund Deposition filed by Plaintiffs' Counsel. (Whatley, Joe)
March 13, 2018 Filing 2024 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF NORTH DAKOTA. (Harwood, R)
March 13, 2018 Filing 2023 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF VERMONT. (Harwood, R)
March 12, 2018 Opinion or Order Filing 2022 DISCOVERY ORDER No. 89 - granting in part and denying in part #1927 Motion for Sanctions as further set out in this order; denying #1930 Motion for Protective Order;. Signed by Magistrate Judge T Michael Putnam on 3/12/2018. (KAM)
March 12, 2018 Filing 2021 NOTICE by Plaintiffs' Counsel re #1351 Document Sealed of Filing Redacted Document (Attachments: #1 Exhibit)(Stokes, Tammy)
March 12, 2018 Opinion or Order Filing 2020 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF FLORIDAS SAMPLE DOCUMENTS - Document BCBSF-00308741- Objection overruled. Ruling: Privilege claim upheld; Document BCBSF-00122264 - Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 3/12/2018. (KAM)
March 9, 2018 Filing 2019 ***Document Sealed **BLUE CROSS BLUE SHIELD OF FLORIDA'S RESPONSE TO PLAINTIFFS'OBJECTION TO FEBRUARY 27, 2018 REPORT & RECOMMENDATIONOF THE SPECIAL MASTER (KAM)
March 9, 2018 Opinion or Order Filing 2018 DISCOVERY ORDER NO. 88 - Pending before the court is the plaintiffs Construed Motion to Reopen the Depositions of Terry Kellogg and Robin Stone filed on January 23, 2018 #1868 and #1873 ; the Construed Motion is GRANTED. The plaintiffs may reopen the Kellogg and Stone depositions for one hour for each executive. However, the scope is limited to the November 2010 email chain and the meaning of the email chains contents.2 The depositions are to be completed by March 30, 2018. Signed by Magistrate Judge T Michael Putnam on 3/9/2018. (KAM)
March 8, 2018 Filing 2017 NOTICE by Plaintiffs' Counsel re #1554 Document Sealed of Filing Redacted Document (Attachments: #1 Exhibit)(Stokes, Tammy)
March 8, 2018 Filing 2016 NOTICE by Plaintiffs' Counsel re #1435 Document Sealed, of Filing Redacted Document (Attachments: #1 Exhibit)(Stokes, Tammy)
March 8, 2018 Filing 2015 NOTICE by Plaintiffs' Counsel re #1351 Document Sealed of Filing Redacted Document (Attachments: # 1 Exhibit)(Stokes, Tammy)
March 8, 2018 Opinion or Order Filing 2014 DISCOVERY ORDER NO. 87 granting in part and denying in part #1816 Plaintiffs Motion Challenging Assertion of Privilege over Documents Produced by Defendants Anthem, Inc. and Capital BlueCross filed on December 1, 2017 as set out in this order. Signed by Magistrate Judge T Michael Putnam on 3/8/2018. (Attachments: #1 SEALED Exhibit) (KAM)
March 8, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 3/8/2018: re #1927 , #1931 ; argument by counsel; court's remarks; hrg adj(Court Reporter Leah Turner) (ASL)
March 7, 2018 Filing 2013 RESPONSE to re #1956 Plaintiffs' Response to Blue Cross and Blue Shield of Alabama's Status Report on Redacted Documents filed by Plaintiffs' Counsel. (Whatley, Joe)
March 7, 2018 Filing 2012 ***Document Sealed*** PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY INSUPPORT OF MOTION CHALLENGING ASSERTION OFPRIVILEGE OVER DOCUMENTS PRODUCED BYDEFENDANTS ANTHEM, INC. AND CAPITAL BLUECROSS (Attachments: #1 Exhibit 1) (KAM)
March 7, 2018 Opinion or Order Filing 2011 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF LOUISIANAS AND BLUE CROSS AND BLUE SHIELD OF ALABAMAS SAMPLE DOCUMENTS - Document BCBSAL-1700393 - Objection overruled. Ruling: Privilege claim upheld; Document BCBSLA-00208909 -Objection overruled. Ruling: Privilege claim upheld as to the first three chronological e-mails in the string; Document BCBSLA-00208842 - Objection sustained. Ruling: Privilege claim unsubstantiated. Signed by Judge R David Proctor on 3/7/2018. (KAM)
March 6, 2018 Filing 2010 STATUS REPORT BCBSAL's Justifications to Maintain Redactions Contained in Plaintiffs' Response in Opposition to BCBSAL's Motion for Limited Protective Order Regarding Ostlund Deposition and Accompanying Exhibit by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
March 6, 2018 Opinion or Order Filing 2009 TEXT ORDER - This matter is before the court on Plaintiffs' Motion to Amend Order Appointing Privilege Master (Doc. #1961 ). Any response to the Motion is due on or before March 16, 2018. Any reply is due on or before March 23 2018. Argument is set for 10:00 a.m. on April 5, 2018. In their briefing, the parties may want to address the effect of the March 5 recertification of Defendants' privilege logs in light of the rulings issued by the Privilege Master and the Court on the sample documents. The court may have questions about the review of particular documents. Signed by Judge R David Proctor on 3/6/2018. (KAM, )
March 6, 2018 Filing 2008 ***Document Sealed *** Blue Cross Blue Shield of Florida's Objection to February 27, 2018 Report & Recommendation of Special Master (KAM)
March 6, 2018 Filing 2007 ***Document Sealed ** Blue Cross and Blue Shield of Louisiana's Response to Plaintiffs' Objection to February 21, 2018 Report & Recommendation of the Special Master (KAM)
March 6, 2018 Filing 2006 NOTICE by Plaintiffs' Counsel re #1431 Document Sealed,,,,,,,,,, of Filing Redacted Response to Defendants' Motion for Summary Judgment (Corrected) (Attachments: #1 Exhibit)(Quillen, Henry)
March 6, 2018 Filing 2005 ***Document Sealed *** Plaintiffs' OBJECTIONS to Special Mater's Report and Recommendation on BCBS-FL (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KAM)
March 6, 2018 Filing 2004 ***Document Sealed*** BCBSALS REPLY IN FURTHER SUPPORT OF MOTION FORPROTECTIVE ORDER REGARDING OSTLUND DEPOSITION (KAM)
March 6, 2018 Filing 2003 NOTICE by Plaintiffs' Counsel re #1557 Document Sealed, of Filing Redacted Reply In Support of Their Motion for Summary Judgment (Attachments: #1 Exhibit)(Quillen, Henry)
March 6, 2018 Filing 2002 NOTICE by Plaintiffs' Counsel re #1431 Document Sealed,,,,,,,,,, of Filing Redacted Response to Defendants' Motion for Summary Judgment (Attachments: # 1 Exhibit)(Quillen, Henry)
March 6, 2018 Filing 2001 NOTICE by Plaintiffs' Counsel re #1350 SEALED MOTION of Filing Redacted Motion for Summary Judgment (Attachments: #1 Exhibit)(Quillen, Henry)
March 6, 2018 Filing 2000 REPLY to In Further Support of Motion for Protective Order Regarding Ostlund Deposition filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6)(Burkhalter, Carl)
March 6, 2018 Filing 1999 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF MASSACHUSETTS. (Harwood, R) (Additional attachment(s) added on 3/6/2018: #1 Exhibit Unredacted) (PSM, ).
March 5, 2018 Filing 1998 RESPONSE to Plaintiffs' Objection to February 21, 2018 Report & Recommendation of Special Master filed by Blue Cross and Blue Shield of Alabama. (Malatesta, John)
March 5, 2018 Filing 1997 NOTICE by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health Care Service Corporation / Certification of Privilege Review Pursuant to Second Amendment to Discovery Order No. 76 (Fowler, Jeffrey)
March 5, 2018 Filing 1996 NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Wyoming's Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1995 NOTICE by Defendants' Counsel of Noridian Mutual Insurance Company's Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1994 CERTIFICATE of Counsel re #1667 Order CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF WELLMARK BLUE CROSS AND BLUE SHIELD by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1993 NOTICE by Defendants' Counsel of HealthNow New York Inc.'s Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1992 CERTIFICATE of Counsel re #1667 Order CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF TRIPLE-S SALUD by Lucile Cohen on behalf of Triple-S Salud, Inc. (Cohen, Lucile)
March 5, 2018 Filing 1991 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Nebraska's Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1990 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1989 NOTICE by Defendants' Counsel of Blue Cross of Idaho Health Service, Inc.'s Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1988 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF HAWAII MEDICAL SERVICE ASSOCIATION by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1987 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF CAMBIA HEALTH SOLUTIONS by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1986 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas City's Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1985 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF VERMONT by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1984 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF TENNESSEE by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1983 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas, Inc.s Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1982 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF SOUTH CAROLINA by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1981 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS & BLUE SHIELD OF RHODE ISLAND by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1980 NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Arizona's Certification Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
March 5, 2018 Filing 1979 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF NORTH CAROLINA by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1978 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS & BLUE SHIELD OF MISSISSIPPI by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1977 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF MINNESOTA by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1976 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS BLUE SHIELD OF MASSACHUSETTS by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1975 NOTICE by Blue Cross and Blue Shield of Alabama - Certification Pursuant to Second Amendment to Discovery Order No. 76 (Malatesta, John)
March 5, 2018 Filing 1974 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF LOUISIANA by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1973 CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF BLUE CROSS BLUE SHIELD OF FLORIDA by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
March 5, 2018 Filing 1972 NOTICE by Anthem, Inc. re #1667 Order CERTIFICATION PURSUANT TO DISCOVERY ORDER 76 ON BEHALF OF ANTHEM, INC. (Cohen, Lucile)
March 5, 2018 Filing 1971 NOTICE by Defendants' Counsel Certification of CareFirst, Inc.'s, Group Hospitalization and Medical Services, Inc.'s, CareFirst of Maryland, Inc.'s, and CareFirst BlueChoice, Inc.'s Privilege Logs in Response to Second Amendment to Discovery Order No. 76 (Norman, Brian)
March 5, 2018 Filing 1970 NOTICE by Highmark Inc. Certification Regarding Highmark Cumulative Privilege Log Pursuant to Second Amendment to Discovery Order No. 76 (Zolner, Erica)
March 5, 2018 Filing 1969 NOTICE by Blue Shield of California Certification of Blue Shield of California's Cumulative Privilege Log Pursuant to the Second Amendment to Discovery Order No. 76 (Fronk, Casey)
March 5, 2018 Filing 1968 NOTICE by Premera Blue Cross Certification Regarding Premera's Cumulative Privilege Log Pursuant to Second Amendment to Discover Order No. 76 (Payton, Gwendolyn)
March 5, 2018 Filing 1967 NOTICE by Defendants' Counsel Certification Pursuant To Second Amendment To Discovery Order No. 76 On Behalf Of Capital BlueCross (Spotswood, Robert)
March 5, 2018 Filing 1966 NOTICE by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield Certification Pursuant to Discovery Order 76 (Clark, Anna)
March 5, 2018 Opinion or Order Filing 1965 ORDER REGARDING SUBSCRIBER PLAINTIFFS RULE 72 OBJECTIONS TO DISCOVERY ORDER NO. 85 - Subscriber Plaintiffs Rule 72 Objections to Discovery Order No. 85 (Doc. # 1913) are OVERRULED. Signed by Judge R David Proctor on 3/5/2018. (KAM)
March 5, 2018 Filing 1964 NOTICE by Defendants' Counsel Certification Regarding Blue Cross Blue Shield Association's Cumulative Privilege Logs Pursuant to Second Amendment to Discovery Order No. 76 (Donnell, Sarah)
March 5, 2018 Filing 1963 ***Document Sealed **DEFENDANT BCBS of Louisiana's RESPONSE to Plaintiffs' Objection to 2/21/2018 REPORT & RECOMMENDATION of the Special Master (KAM)
March 5, 2018 Filing 1962 NOTICE by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield Certification Pursuant to Discovery Order 76 (Benny, Erik)
March 5, 2018 Filing 1961 SEALED MOTION ** Plaintiffs' MOTION to amend order appointing Privilege Master, ECF No. 1763. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(KAM)
March 5, 2018 Filing 1960 NOTICE by Defendants' Counsel Certification Pursuant To Second Amendment to Discovery Order No. 76 On Behalf Of Independence Hospital Indemnity Plan, Inc. (Oppenheimer, Brooke)
March 5, 2018 Filing 1959 STATUS REPORT Certification Regarding BCBS of Michigan's Cumulative Privilege Log Pursuant to Second Amendment to Discovery Order No. 76 by Blue Cross Blue Shield Michigan. filed by Blue Cross Blue Shield Michigan (Campbell, Andrew)
March 2, 2018 Filing 1958 REPLY to re #1929 Plaintiffs' Reply In Support of Motion to Sanction Blue Cross and Blue Shield of Alabama (Redacted) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whatley, Joe)
March 2, 2018 Filing 1957 ***Document Sealed **PLAINTIFFS' Reply in Support of Motion to Sanction BCBS of Alabama (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
February 28, 2018 Filing 1956 STATUS REPORT on Redacted Documents by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Malatesta, John)
February 28, 2018 Opinion or Order Filing 1955 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF MINNESOTAS AND BLUE CROSS AND BLUE SHIELD OF MISSISSIPPIS SAMPLE DOCUMENTS - Document BCBS-MN-00117617 - Objection sustained. Ruling: Privilege claim unsubstantiated; Document BCBS-MN-00119008 - Objection overruled. Ruling: Privilege claim upheld; Document BCBS-MN-00385736 - Objection overruled. Ruling: Privilege claim upheld; Document BCBS-MN-00159348 - Objection overruled. Ruling: Privilege claim upheld; Document BCBSMS0144405 - Objection overruled. Ruling: Privilege claim upheld; Document BCBSMS0157015 - Objection overruled. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 2/28/2018. (KAM)
February 28, 2018 Filing 1954 ***Document Sealed** Plaintiffs' OBJECTIONS to Special Master's Report and Recommendation on BCBS-LA and BCBS-AL Privilege Log Samples (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
February 27, 2018 Filing 1953 NOTICE by Plaintiffs' Counsel re #1350 SEALED MOTION of Filing Redacted Exhibit A (Attachments: #1 Exhibit A - Redacted)(Quillen, Henry)
February 27, 2018 Filing 1952 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF FLORIDA. (Harwood, R)
February 27, 2018 Filing 1951 RESPONSE in Opposition re #1930 MOTION for Protective Order Regarding Ostlund Deposition and Request for Permission to File Out of Time (Redacted) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whatley, Joe)
February 27, 2018 Filing 1950 ***Document Sealed **Plaintiff's RESPONSE in OPPOSITION to Blue Cross and Blue Shield of Alabama's Motion for limited protective order regarding Ostlund deposition (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
February 27, 2018 Filing 1949 ***Document Sealed ***Blue Cross and Blue Shield of Alabama's Response to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No. 85 (KAM)
February 26, 2018 Filing 1948 RESPONSE to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No.85 filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
February 26, 2018 Filing 1947 RESPONSE to Plaintiffs' Objection to February 16 Report & Recommendation regarding Sample Documents from Blue Cross & Blue Shield of Mississippi filed by Defendants' Counsel. (Cohen, Lucile)
February 26, 2018 Filing 1946 ***Document Sealed- Blue Cross and Blue Shield of Minnesota's Response to Plaintiff's Objection to February 16,2018 Report & Recommendation of the Special Master. (SAC )
February 26, 2018 Filing 1945 ***Document Sealed- BCBSAL'S OPPOSITION TO MOTION TO REOPEN DEPOSITIONS AND FOR SANCTIONS. (SAC )
February 26, 2018 Filing 1944 Transcript of Proceedings held on 2/22/18, before Judge T. Michael Putnam. Court Reporter/Transcriber Lindy Fuller, Telephone number (205) 278-2062. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/19/2018. Redacted Transcript Deadline set for 3/29/2018. Release of Transcript Restriction set for 5/27/2018. (MRR, )
February 23, 2018 Filing 1943 ***Document Sealed- Plaintiff's Objections to Special Master's Report and Recommendation on BCBS-MS and BCBS-MN Privilege Log Samples. (Attachments: #1 Exhibit 1) (SAC )
February 23, 2018 Filing 1942 Opposition to Motion to Reopen Depositions and for Sanctions filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
February 23, 2018 Opinion or Order Filing 1941 SECOND AMENDMENT TO DISCOVERY ORDER No. 76. Signed by Magistrate Judge T Michael Putnam on 2/23/2018. (JLC)
February 23, 2018 Filing 1940 NOTICE by Plaintiffs' Counsel re #1350 SEALED MOTION, #1431 Document Sealed,,,,,,,,,, of Filing Redacted Exhibits for Docket Numbers 1350-25 and 1431-16 (Attachments: #1 Exhibit 24, #2 Exhibit 39)(Quillen, Henry)
February 22, 2018 Opinion or Order Filing 1939 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 1/1/2018 through 1/31/2018 in this matter as it relates to services rendered for both sides of the case, and totaling $4,500.00. Signed by Judge R David Proctor on 2/22/2018. (KAM)
February 22, 2018 Opinion or Order Filing 1938 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 1/1/2018 through 1/31/2018 in this matter relating solely to services provided to the plaintiffs and totaling $65,000.00. Signed by Judge R David Proctor on 2/22/2018. (KAM)
February 22, 2018 Filing 1937 NOTICE of Change of Address by Garrett D Blanchfield (Blanchfield, Garrett)
February 22, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference and Motion Hearing held on 2/22/2018; re #1868 ; argument by counsel; court's remarks; taken under submission; hrg adj. (Court Reporter Lindy Fuller) (ASL)
February 21, 2018 Filing 1936 NOTICE by Plaintiffs' Liaison Counsel re #1924 Status Report of [Proposed] Order Regarding Briefing of Disputes under Discovery Order No. 76 on behalf of Plaintiffs and Defendants (Ragsdale, Barry)
February 21, 2018 Filing 1935 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF ALABAMA. (Harwood, R) (Additional attachment(s) added on 2/21/2018: #1 Supplement Unredacted Brief) (PSM, ).
February 21, 2018 Filing 1934 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS AND BLUE SHIELD OF LOUISIANA. (Harwood, R)
February 20, 2018 Opinion or Order Filing 1933 ORDER UNSEALING CERTAIN DOCUMENTS - in light of the Seal Team's February 20, 2018 Report, the Clerk is directed to unseal documents and/or exhibits as set out in this order. Signed by Judge R David Proctor on 2/20/2018. (KAM)
February 20, 2018 Opinion or Order Filing 1932 TEXT ORDER re #1930 and #1931 Motion for Limited Protective Order Regarding Ostlund Deposition and Request for Permission to File Out of Time. Any response to the motion is due no later than February 27, 2018, at 12:00 p.m. CST. A reply, if any, is due no later than March 6, 2018, at 12:00 p.m. CST. Argument is set for March 8, 2018. Signed by Magistrate Judge T Michael Putnam on February 20, 2018. (JTS)
February 20, 2018 Filing 1931 SEALED MOTION for limited Protective Odder regarding Ostlund deposition and request for permission to file out of time by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit B)(KAM)
February 19, 2018 Filing 1930 MOTION for Protective Order Regarding Ostlund Deposition and Request for Permission to File Out of Time by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkhalter, Carl)
February 16, 2018 Filing 1929 SEALED MOTION **PLAINTIFFS" Motion to Reopen the depositions of Steven Ostlund and Michael Velezis and MOTION for Sanctions. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM)
February 16, 2018 Opinion or Order Filing 1928 ORDER Setting Hearing on Motion #1927 MOTION for Sanctions Plaintiffs' Motion to Reopen Depositions of Steven Ostlund and Michael Velezis and Motion for Sanctions (Redacted) : Motion Hearing set for 3/8/2018 01:00 PM before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T. Michael Putnam on 2/16/2018. (KAM) Modified on 2/16/2018 (KAM, ).
February 16, 2018 Filing 1927 MOTION for Sanctions Plaintiffs' Motion to Reopen Depositions of Steven Ostlund and Michael Velezis and Motion for Sanctions (Redacted) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
February 16, 2018 Filing 1926 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF MISSISSIPPI. (Harwood, R) (Additional attachment(s) added on 2/16/2018: #1 Exhibit Unredacted) (PSM, ).
February 16, 2018 Filing 1925 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF MINNESOTA. (Harwood, R) (Additional attachment(s) added on 2/16/2018: #1 Exhibit Unredacted) (PSM, ).
February 15, 2018 Filing 1924 STATUS REPORT on Behalf of Plaintiffs and Defendants on Sampling Process by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
February 15, 2018 Filing 1923 REPLY to re #1906 , #1868 , #1873 Plaintiffs' Reply In Support of Their Construed Motion to Reopen the Depositions of Terry Kellogg and Robin Stone filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Whatley, Joe)
February 15, 2018 Opinion or Order Filing 1922 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF RHODE ISLANDS SAMPLE DOCUMENTS; This matter is before the court on Blue Cross and Blue Shield of Rhode Islands Objection to the February 5, 2018 Report and Recommendation of Special Master. (Doc. # 1915). At issue is only one document, document 221331.1 The Privilege Special Master determined that with regard to Document 221331, the claimed privilege was unsubstantiated (Doc. # 1891), and BCBS-RI objects to that determination #1915 ; Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor on 2/15/2018. (KAM)
February 15, 2018 Opinion or Order Filing 1921 TEXT ORDER granting #1920 Motion to Withdraw. The Motion to De-Designate Non-Privileged Financial Reserve Documents Appearing on Privilege Logs #1880 is deemed WITHDRAWN. Signed by Magistrate Judge T Michael Putnam on February 15, 2018. (JTS)
February 14, 2018 Filing 1920 MOTION to Withdraw Motion to De-Designate Non-Privileged Financial Reserve Documents Appearing on Privilege Logs As to Anthem by Plaintiffs' Counsel. (Hellums, Christopher)
February 14, 2018 Opinion or Order Filing 1919 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 12/1/2017 through 12/31/2017 in this matter as it relates to services rendered for both sides of the case, and totaling $5,500.00. Signed by Judge R David Proctor on 2/14/2018. (KAM)
February 14, 2018 Opinion or Order Filing 1918 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment of services rendered and expenses incurred from 12/1/2017 through 12/31/2017 in this matter relating solely to services provided to the Plaintiffs and totaling $46,500.00. Signed by Judge R David Proctor on 2/14/2018. (KAM)
February 14, 2018 Opinion or Order Filing 1917 ORDER REGARDING BLUE CROSS AND BLUE SHIELD ASSOCIATIONS SAMPLE DOCUMENTS #1900 and #1901 . Signed by Judge R David Proctor on 2/14/2018. (KAM)
February 13, 2018 Opinion or Order Filing 1916 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF TRIPLE-S SALUDS SAMPLE DOCUMENTS re #1896 Document Sealed Objections and #1897 Response (other) filed by Triple-S Salud, Inc; Objection overruled. Ruling: privilege claim upheld. Signed by Judge R David Proctor on 2/13/2018. (KAM)
February 12, 2018 Filing 1915 ***Document Sealed - **Blue Cross & Blue Shield of Rhode Island's OBJECTION to February 5, 2018 Report & Recommendation of the Special Master (KAM)
February 12, 2018 Filing 1914 ***Document Sealed ** PLAINTIFFS' Response to Blue Cross Blue Shield Association's Objection to January 31, 2018 Report and Recommendation of Special Master (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (KAM)
February 12, 2018 Filing 1913 ***Document Sealed **SUBSCRIBER PLAINTIFFS' Rule 72 Objections to Discovery Order No. 85 (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
February 12, 2018 Filing 1912 ***Document Sealed ** Blue Cross Blue Shield Association's Response to Plaintiffs' Objection to January 31, 2018 Report & Recommendation of Special Master (KAM)
February 12, 2018 Opinion or Order Filing 1911 TEXT ORDER granting #1910 Anthem's Motion for Extension of Time to File Response. Anthem's response is due no later than February 15, 2018. A reply, if any, is due no later than February 21, 2018, at 12:00 p.m. CST. Signed by Magistrate Judge T Michael Putnam on February 12, 2018. (JTS)
February 9, 2018 Filing 1910 Consent MOTION for Extension of Time to File Response/Reply as to #1880 Document Sealed by Anthem, Inc.. (Cohen, Lucile)
February 9, 2018 Filing 1909 ***Document Sealed ** Triple-S Salud's Response to Plaintiffs' objection to January 30,2018 Report and Recommendation of the Special Master (KAM)
February 9, 2018 Opinion or Order Filing 1908 ORDER REGARDING DEFENDANTS OBJECTION AND REQUST FOR CLARIFICATION REGARDING COMMON INTEREST DOCTRINE - for the reasons set forth in this order, #1898 Defendants' objection is OVERRULED and their Request for clarification is DENIED without prejudice. Signed by Judge R David Proctor on 2/9/2018. (KAM)
February 9, 2018 Filing 1907 ***Document Sealed **Blue Cross Blue Shield of Alabama's OPPOSITION to Plaintiffs' Motion to Reopen Depositions (Attachments: #1 Exhibit A) (KAM)
February 8, 2018 Filing 1906 Opposition to Plaintiffs' Motion to Reopen Depositions filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
February 8, 2018 Opinion or Order Filing 1905 ORDER UNSEALING CERTAIN DOCUMENTS - pursuant to the Seal Team's 2/6/2018 report regarding sealed exhibits to the parties' Standard of Review briefing; the Clerk is directed to unseal certain documents and/or exhibits as further set out in this order. Signed by Judge R David Proctor on 2/8/2018. (KAM)
February 8, 2018 Filing 1904 NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of Plaintiffs' Counsel (Pollock-Avery, Elizabeth)
February 7, 2018 Opinion or Order Filing 1903 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF WYOMINGS SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 2/7/2018. (KAM)
February 7, 2018 Opinion or Order Filing 1902 ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF SOUTH CAROLINAS SAMPLE DOCUMENTS. Signed by Judge R David Proctor on 2/7/2018. (KAM)
February 7, 2018 Filing 1901 ***Document Sealed **BLUE CROSS BLUE SHIELD ASSOCIATIONS' Objection to 1/31/2018 Report and Recommendation of the Special Master (KAM)
February 7, 2018 Filing 1900 ***Document Sealed **PLAINTIFFS' Objections to Special Master's Report and Recommendation #1884 on BCBSA Privilege Log Samples (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
February 7, 2018 Opinion or Order Filing 1899 DISCOVERY ORDER NO. 86 - granting in part and denying in part #1810 Sealed Motion - Defendant Blue Cross Blue Shield of Michigans Motion to Compel Subscriber Plaintiffs to Supplement their Responses to Defendants First Set of Discovery Requests Pursuant to Discovery Order No. 75.Signed by Magistrate Judge T Michael Putnam on 2/7/2018. (KAM)
February 6, 2018 Filing 1898 RESPONSE to re #1870 Defendants' Objection & Request for Clarification to Special Privilege Master Report & Recommendation on Common Interest Doctrine filed by Defendants' Counsel. (Sooy, Kathleen)
February 6, 2018 Filing 1897 RESPONSE to re #1881 Triple-S' Objection to Special Master's Report & Recommendation filed by Triple-S Salud, Inc.. (Cohen, Lucile)
February 6, 2018 Filing 1896 ***Document Sealed **PLAINTIFFS"** Objections to Special Master's Report and Recommendation on Triple-S Salud Privilege Log Samples (Attachments: #1 Exhibit A) (KAM)
February 5, 2018 Filing 1895 ***Document Sealed **BCBS of WYOMING Response to Plaintiff's Objection to the Special Master Report and Recommendation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C part 1, #4 Exhibit C part 2, #5 Exhibit C part 3, #6 Exhibit C part 4) (KAM)
February 5, 2018 Filing 1894 STATUS REPORT by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Stokes, Tammy)
February 5, 2018 Filing 1893 ***Document Sealed **BCBS of South Carolina's RESPONSE to plaintiffs' objection to 1/25/2018 Report and Recommendation of the Special Master (KAM)
February 5, 2018 Filing 1892 ***Document Sealed **PLAINTIFFS'** Response to Objections of BCBSSC, BCBSA and BCBS-WY to the 1/25/2018 REPORTS & RECOMMENATIONS of the Special Master (KAM)
February 5, 2018 Filing 1891 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF RHODE ISLAND. (Harwood, R)
February 1, 2018 Filing 1890 ***Document Sealed **BCBS of WYOMING** OBJECTION TO #1871 Special Master Report and Recommendation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (KAM)
February 1, 2018 Filing 1889 RESPONSE to re #1871 , #1872 Plaintiffs' Objections to Special Master's Reports and Recommendations on BCBS-WY and BCBS-SC Privilege Log Samples filed by Plaintiffs' Counsel. (Cooper, Charles)
February 1, 2018 Filing 1888 ***Document Sealed ** BlueCross BlueShield of South Carolina and Blue Cross Blue Shield Association's OBJECTION to the 1/25/2018 Report & Recommendation of Special Master (KAM)
February 1, 2018 Filing 1887 NOTICE of Appearance by Alicia L Shelton on behalf of Plaintiffs' Counsel (Shelton, Alicia)
February 1, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 2/1/2018. (Court Reporter Teresa Roberson) (ASL)
January 31, 2018 Filing 1886 STATUS REPORT in Response to BCBS-MI Status Report Regarding Subscriber Plaintiffs' Amended Responses to BCBS-MI's First Set of Discovery Requests by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
January 31, 2018 Opinion or Order Filing 1885 ORDER re #1871 R&R The parties are ORDERED to PERMANENTLY DELETE, DESTROY, and PURGE any and all electronic copies of Document 1871. Additionally, the parties are ORDERED NOT to examine, alter, or manipulate the redactions within the downloaded version of the original docket entry. The court has corrected the redaction method to prevent any issues with future Reports and Recommendations going forward. Signed by Magistrate Judge T Michael Putnam on 1/31/2018. (KAM)
January 31, 2018 Filing 1884 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD ASSOCIATION. (Harwood, R) (Additional attachment(s) added on 1/31/2018: #1 Exhibit Unredacted 1884) (PSM, ).
January 30, 2018 Filing 1883 STATUS REPORT Regarding Subscriber Plaintiffs' Amended Responses to BCBSM's First Set of Discovery Requests, BCBSM's Motion to Compel, and Discovery Order 75 by Blue Cross Blue Shield Michigan. filed by Blue Cross Blue Shield Michigan (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Campbell, Andrew)
January 30, 2018 Opinion or Order Filing 1882 ORDER Status Conference set for 2/22/2018 01:00 PM before Magistrate Judge T Michael Putnam; Motions #1868 plaintiffs' construed motion to reopen depositions and and #1880 subscriber plaintiffs' motion to de-designate non-privileged financial reserve documents will be heard at the status conference; deadlines regarding submissions with regard to these motions shall remain in effect. Signed by Magistrate Judge T Michael Putnam on 1/30/2018. (KAM)
January 30, 2018 Filing 1881 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT TRIPLE-S SALUD. (Harwood, R) (Additional attachment(s) added on 1/30/2018: #1 Exhibit Unredacted R&R 1881) (PSM, ).
January 30, 2018 Filing 1880 ***Document Sealed **SUBSCRIBER PLAINTIFFS'** MOTION to de-designate non-privileged financial reserve documents appearing on privilege logs (Attachments: #1 Exhibit A) (KAM)
January 29, 2018 Filing 1879 STATUS REPORT Justification to Maintain Seal on Exhibit B to Plaintiffs' Motion to Compel Production of Filed Rate Discovery and Challenging Assertion of Privilege by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
January 29, 2018 Opinion or Order Filing 1878 ORDER DENYING #1741 MOTION for Reconsideration and OVERRULING the Objections. Signed by Judge R David Proctor on 1/29/2018. (JLC)
January 29, 2018 Opinion or Order Filing 1877 DISCOVERY ORDER No. 85 - denying #1864 Motion to Compel Production of Filed Rate Discovery and Challenging Assertion of Privilege. Signed by Magistrate Judge Michael T. Putnam on 1/29/2018. (KAM) Modified on 1/30/2018 (KAM, ).
January 29, 2018 Opinion or Order Filing 1876 TEXT ORDER amending #1873 Order dated January 26, 2018. Responses are due no later than February 8, 2015, and replies, if any, are due no later than February 15, 2018. All other issue limitations set forth in the Order dated January 26, 2018, remain in effect. Signed by Magistrate Judge T Michael Putnam on January 29, 2018. (JTS)
January 26, 2018 Opinion or Order Filing 1875 TEXT ORDER re #1873 Order dated January 26, 2018. The Motion Hearing previously set for February 6, 2018, by the Order dated January 26, 2018, is RESET for February 20, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before Judge T Michael Putnam. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on January 26, 2018. (JTS)
January 26, 2018 Filing 1874 Transcript of Proceedings held on 1/25/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/16/2018. Redacted Transcript Deadline set for 2/26/2018. Release of Transcript Restriction set for 4/26/2018. (Attachments: #1 Certification) (KAM, )
January 26, 2018 Opinion or Order Filing 1873 ORDER #1868 Plaintiffs Status Report to Judge Putnam Regarding Redaction and Privilege Issues Related to Depositions of Terry Kellogg and Robin Stone is construed as a motion and set for hearing; Motion Hearing set for 2/6/2018 11:00 AM before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on 1/26/2018. (KAM)
January 25, 2018 Filing 1872 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF SOUTH CAROLINA. (Harwood, R)
January 25, 2018 Filing 1871 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT BLUE CROSS BLUE SHIELD OF WYOMING. (Harwood, R) (Additional attachment(s) added on 1/25/2018: #1 Exhibit Unredacted Copy) (PSM, ). (Additional attachment(s) added on 1/31/2018: #2 redacted order) (KAM, ).
January 25, 2018 Filing 1870 Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE MASTER. (Harwood, R)
January 25, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 1/25/2018; argument by counsel re MOTION doc #1864 ; hrg adj (Court Reporter Teresa Roberson) (ASL)
January 24, 2018 Opinion or Order Filing 1869 ORDER - SUPPLEMENT TO THE AMENDMENT TO DISCOVERY ORDER NO. 76 - Protocol for Privilege Reports and Recommendations; Judge Harwood shall file the Report and Recommendations onto the docket via the Electronic Case Filing system. To the extent a R&R quotes or refers in great detail to privileged material, Judge Harwood shall redact such material and file a redacted version of the R&R Judge Harwood shall physically deliver a copy of the unredacted Report and Recommendation on a USB flash drive or other medium to Judge Cooglers courtroom deputy or career law clerk at the Tuscaloosa Federal Building and Courthouse, located at 2005 University Boulevard, Tuscaloosa, Alabama 35401; The name of the.PDF version of the unredacted R&R shall contain the document number of the filed redacted Report and Recommendation; The unredacted R&R will then be entered as a sealed attachment to the redacted R&R that only court personnel will be able to access; Contemporaneously with filing the redacted R&R, Judge Harwood shall securely transmit the unredacted R&R to the interested Blue Cross Blue Shield (BCBS) entity whose privileged matter is the subject of the R&R Any objections to the R&R and responses to said objections shall be filed in accordance with the Amendment to Discovery Order No. 76 #1848 ; All other deadlines announced in the Amendment to Discovery Order No. 76 remain operative; to the extent the BCBS entities have not done so already, the BCBS entities are DIRECTED to individually (or by group if represented by the same counsel) contact Judge Harwood teams with information detailing how Judge Harwood should securely transmit the unredacted Report and Recommendation to each interested BCBS entity. Signed by Magistrate Judge T Michael Putnam on 1/24/2018. (KAM)
January 23, 2018 Filing 1868 ***Document Sealed **PLAINTIFFS' Status Report regarding redaction and privilege issues related to depositions of Terry Kellogg and Robin Stone (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KAM)
January 23, 2018 Filing 1867 STATUS REPORT to Judge Putnam Regarding Redaction and Privilege Issues Related to Depositions of Terry Kellogg and Robin Stone by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
January 22, 2018 Opinion or Order Filing 1866 TEXT ORDER finding as moot #1750 and #1752 Provider Plaintiffs' Motion to Compel BCBS-AL to Comply with its Rule 30(b)(6) Obligations, per the agreement of parties during the January 18, 2018, Weekly Telephone Conference. Signed by Magistrate Judge T Michael Putnam on January 22, 2018. (JTS)
January 22, 2018 Filing 1865 SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS' Motion to Compel production of filed rate discovery and challenging assertion of privilege. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM)
January 22, 2018 Filing 1864 MOTION to Compel Production of Filed Rate Discovery and Challenging Assertion of Privilege by Plaintiffs' Counsel. (Attachments: #1 Exhibit Exhibit A (Filed Under Seal), #2 Exhibit Exhibit B (Filed Under Seal)(Hellums, Christopher)
January 22, 2018 Filing 1863 Brief BCBSAL'S Memorandum Regarding Privileged Email Communications and Draft Refund Letters. (Attachments: #1 Exhibit A-F, #2 Exhibit G)(Burkhalter, Carl)
January 19, 2018 Filing 1862 Transcript of Proceedings held on 1/19/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/9/2018. Redacted Transcript Deadline set for 2/19/2018. Release of Transcript Restriction set for 4/19/2018. (Attachments: #1 Cert page) (KAM, )
January 19, 2018 Filing 1861 STATUS REPORT BCBSA and Anthem's Justifications for Keeping Sealed Plaintiffs' Response to BCBSA and Anthem's In Camera Submission of Documents and Accompanying Memorandum by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
January 18, 2018 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 1/18/2018. (Court Reporter Teresa Roberson) (ASL)
January 17, 2018 Opinion or Order Filing 1860 ORDER Status Conference set for 1/25/2018 01:00 PM before Magistrate Judge T Michael Putnam. Per the request of the parties, during the January 25, 2018, In-Person Status Conference, the court will hear argument on a privilege dispute concerning production ordered by Discovery Order No. 80. Simultaneous briefing by the parties is to be completed no later than Monday, January 22, 2018, at 12:00 p.m. (Noon) CST. Signed by Magistrate Judge T Michael Putnam on 1/17/2018. (KAM)
January 12, 2018 Opinion or Order Filing 1859 AMENDED ORDER REGARDING CERTAIN DEADLINES - The following deadlines from the courts Third Amended Scheduling Order #1567 are SUSPENDED:The January 15, 2018 deadline for filing Class Certification Motions; The January 31, 2018 deadline for Damages and Merits Expert Reports; The deadline for Daubert motions seeking to exclude class certification expert witnesses; and The April 3, 2018 deadline for filing Dispositive Motions; The court relieves the parties of these deadlines because they have asked the court for the opportunity to explore the possibility of a resolution of this matter. If the court is informed by the Special Master that this opportunity is no longer proving fruitful, the court will promptly issue its decision on the appropriate standard of review, and will set a hearing to discuss an aggressive schedule for the first phase of this case, including class certification motions, expert reports, Daubert motions, and dispositive motions. Signed by Judge R David Proctor on 1/12/2018. (KAM)
January 11, 2018 Filing 1858 ***Document Sealed ** PLAINTIFFS' Response to BCBSA and Anthem's Memorandum regarding their in camera submission of documents pursuant to the Court's 12/19/2017 Order (Attachments: #1 Exhibit 1) Exhibit 220, #2 Exhibit 2) Exhibit 221, #3 Exhibit 3) Exhibit 222, #4 Exhibit 4, #5 Exhibit 5) Exhbit 44) (KAM)
January 11, 2018 Opinion or Order Filing 1857 ORDER REGARDING CERTAIN DEADLINES - The following deadlines from the courts Third Amended Scheduling Order #1567 are SUSPENDED:The January 15, 2018 deadline for filing Class Certification Motions; The deadline for Daubert motions seeking to exclude class certification expert witnesses; and the April 3, 2018 deadline for filing Dispositive Motions; The court relieves the parties of these deadlines because they have asked the court for the opportunity to explore the possibility of a resolution of this matter; if the court is informed by the Special Master that this opportunity is no longer proving fruitful, the court will promptly issue its decision on the appropriate standard of review, and will set a hearing to discuss an aggressive schedule for the first phase of this case, including class certification motions, Daubert motions, and dispositive motions.DONE and ORDERED this January 11, 2018.Signed by Judge R David Proctor on 1/11/2018. (KAM)
January 9, 2018 Opinion or Order Filing 1856 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) to be held on January 11, 2018, at 1:00 p.m. hereby is CANCELLED. Signed by Magistrate Judge T Michael Putnam on January 9, 2018. (JTS)
January 4, 2018 Filing 1855 STATUS REPORT BCBSA & Anthem's Justifications for Keeping Sealed Their In Camera Submission of Documents and Accompanying Memorandum by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
January 3, 2018 Opinion or Order Filing 1854 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 11/1/2017 through 11/30/2017 in this matter relating solely to services provided to the Plaintiffs, and totaling $51,000.00. Signed by Judge R David Proctor on 1/3/2018. (KAM)
January 3, 2018 Opinion or Order Filing 1853 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 11/1/2017 through 11/30/2017 in this matter as it relates to services rendered for both sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor on 1/3/2018. (KAM)
December 27, 2017 Filing 1852 ***Document Sealed ***BCBSA and ANTHEM's** Memorandum regarding their in camera submission of documents pursuant to the court's 12/19/2017 Order (KAM)
December 21, 2017 Filing 1851 Transcript of Proceedings held on December 14, 2017, before Judge T. Michael Putnam and Judge R. David Proctor. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/11/2018. Redacted Transcript Deadline set for 1/21/2018. Release of Transcript Restriction set for 3/21/2018. (MRR, )
December 21, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 12/21/2017. (Court Reporter Teresa Roberson) (ASL)
December 20, 2017 Opinion or Order Filing 1850 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on January 11, 2018, at 1:00 p.m. in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama, before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on December 20, 2017. (JTS)
December 19, 2017 Opinion or Order Filing 1849 ORDER re #1816 SEALED MOTION Challenging Assertion of Privilege over Documents Produced by Defendants Anthem, Inc. and Capital Bluecross. The Court hereby ORDERS the following documents set out herein to be produced by Anthem and BCBSA for in camera review. The defendants may submit the documents for in camera review either by hand delivery or by overnight mail directly to Chambers, marked "Confidential, In Camera" by December 27, 2017. Signed by Magistrate Judge T Michael Putnam on 12/19/2017. (JLC, )
December 18, 2017 Opinion or Order Filing 1848 AMENDMENT TO DISCOVERY ORDER No. 76. Signed by Magistrate Judge T Michael Putnam on 12/18/2017. (KAM)
December 18, 2017 Filing 1847 STATUS REPORT Defendants' Justifications for Keeping Sealed Opposition and Reply Briefs Regarding Plaintiffs' Motion Challenging Privilege Assertions by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
December 15, 2017 Filing 1846 RESPONSE to Defendants' Seal Justifications filed by Plaintiffs' Counsel. (Stokes, Tammy)
December 15, 2017 Filing 1845 Transcript of Proceedings held on 12/7/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/5/2018. Redacted Transcript Deadline set for 1/15/2018. Release of Transcript Restriction set for 3/15/2018. (Attachments: #1 Certification) (KAM, )
December 14, 2017 Opinion or Order Filing 1844 TEXT ORDER finding as moot #1795 Subscribers' Supplemental Motion to Compel BCBS-AL to Produce Truven Data, per the agreement of parties at the weekly telephone conference. Signed by Magistrate Judge T Michael Putnam on December 14, 2017. (JTS)
December 14, 2017 Opinion or Order Filing 1843 TEXT ORDER finding as moot #1751 and #1753 Providers' Motion to Compel BCBS-AL to Produce Truven, Thompson Reuters, and Milliman Data, per the agreement of the parties at the weekly telephone conference. Signed by Magistrate Judge T Michael Putnam on December 14, 2017. (JTS)
December 14, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 12/14/2017. (Court Reporter Sabrina Lewis) (ASL)
December 13, 2017 Filing 1842 Brief re #1832 Status Report, . (Stokes, Tammy)
December 13, 2017 Filing 1841 ***Document Sealed ***PLAINTIFFS'*** AMENDED Reply in support of Motion challenging assertion of privilege over documents produced by defendants Anthem, Inc and Capital BlueCross (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 Part 1, #6 Exhibit 5 Part 2, #7 Exhibit 5 Part 3) (KAM)
December 13, 2017 Filing 1840 ***Document Sealed **PLAINTIFFS'** Reply in support of Motion challenging assertion of privilege over documents produced by defendants Anthem, Inc and Capital Bluecross (Attachments: #1 Exhibit 1, #2 Exhibit 2 part 1, #3 Exhibit 2 part 2, #4 Exhibit 2 part 3) (KAM)
December 12, 2017 Filing 1839 STATUS REPORT Justifications to Maintain Seal on Its Response to Subscriber Plaintiffs' Supplemental Motion to Compel Truven Data and Accompanying Exhibit by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
December 12, 2017 Filing 1838 Transcript of Proceedings held on 12/7/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018. (Attachments: #1 certification) (KAM, )
December 12, 2017 Opinion or Order Filing 1835 DISCOVERY ORDER No. 84 granting in part and denying in part #1779 Motion to compel; the motion is GRANTED insofar as Avantgarde is ORDERED to provide certification as to its discovery responses to BCBS-MIs August 21, 2017, discovery requests. Otherwise, the Motion is DENIED; Documents responsive to Categories 2 4, 6, and 7 simply are not relevant to the prioritized Alabama Action, and documents responsive to Category 5 already have been produced; The court further DENIES BCBS-MIs request for an additional deposition. Signed by Magistrate Judge T Michael Putnam on 12/12/20107. (KAM)
December 11, 2017 Filing 1837 ***Document Sealed **DEFENDANT Capital BlueCross's** RESPONSE to plaintiffs' motion challenging assertion of privilege (Attachments: #1 Declaration) (KAM)
December 11, 2017 Filing 1836 ***Document Sealed **DEFENDANTS'** Opposition to plaintiffs' motion challenging assertion of privilege over document produced by defendant Anthem, Inc (KAM)
December 8, 2017 Filing 1834 Justifications for Keeping Sealed Plaintiffs' Motion Challenging Certain Clawback Requests of Inadvertently Produced Privileged Documents by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah) Modified on 12/11/2017 (JLC).
December 8, 2017 Filing 1833 Transcript of Proceedings held on November 30, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/29/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/8/2018. (MRR, )
December 7, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 12/7/2017. (Court Reporter Teresa Roberson) (ASL)
December 6, 2017 Filing 1832 STATUS REPORT Justification to Maintain Redaction and Seal on Plaintiffs' Opposition to Defendants' Rule 72 Objection to Discovery Order 76 and Accompanying Exhibit by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
December 6, 2017 Opinion or Order Filing 1831 DISCOVERY ORDER No 83 granting #1775 Subscriber Plaintiffs' Motion to Compel Defendants Structured Data Production, specifically as it relates to Anthem ; Anthem is directed to certify medical, pharmacy and capitation clams data truly does not exist and why search for this data is impractical and unnecessary; Search again for the missing total claims expense data for BCBS of GA and BCBS Healthcare Plan of Georgia Inc in accordance with the instructions set forth in this order. Signed by Judge R David Proctor on 12/6/2017. (KAM, )
December 6, 2017 Opinion or Order Filing 1830 DISCOVERY ORDER No 82 - granting in part and denying in part #1740 Motion to Compel non-party medical provider, Baycare Health System, Inc., to produce documents response to a subpoena served on it by defendants on December 1, 2016, as well as produce a Rule 30(b)(6) witness for deposition testimony as further set out in this order. Signed by Magistrate Judge T Michael Putnam on 12/6/2017. (KAM)
December 6, 2017 Filing 1829 STATUS REPORT on Late Production of Documents by Defendants by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
December 6, 2017 Filing 1828 ***Document Sealed **DEFENDANTS' Reply in support of its Motion to compel Avantgarde Aviation Inc (Attachments: #1 EX 5) (KAM, )
December 6, 2017 Filing 1827 MOTION to Seal /Maintain Seal on Defendant Blue Cross Blue Shield of Michigan's Reply in Support of Motion to Compel the Production of Documents and Accompanying Exhibits by Cahaba Medical Care. (Brown, W)
December 5, 2017 Filing 1826 STATUS REPORT Justifications to Maintain Seal on Exhibit 1 to Subcriber Plaintiffs' Supplemental Motion to Compel BCBSAL to Produce Truven Data by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
December 5, 2017 Filing 1825 STATUS REPORT Subscriber Plaintiffs' Updated Report on Motion to Compel Defendants Blue Cross Blue Shield of Alabama to Produce Identifying Data by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Ragsdale, Barry)
December 5, 2017 Opinion or Order Filing 1824 DISCOVERY ORDER NO. 81 granting #1747 Sealed Motion BCBS of Michigan's Motion to Compel the Production of certain documents from Non-Party Provider Healthcare Authority of the City of Huntsville; Huntsville is ORDERED to produce (1) redacted copies of its payer contracts from January 1, 2010, to December 31, 2015, containing exclusivity provisions sufficient to identify only the payer identity and the exclusivity provision contained in the contract and (2) documents from January 1, 2010, to December 31, 2015, sufficient to show the necessity for the exclusivity provisions but redacted to prevent disclosure of rates negotiated to acquire the exclusivity provisions.Defendant Blue Cross Blue Shield of Michigans Motion to Compel the Production of Documents from Non-Party Provider Cahaba Medical Care #1733 is GRANTED, and Cahaba is ORDERED to produce its Medicaid, Medicare, and commercial payer rates from January 1, 2008, to December 31, 2013 Signed by Magistrate Judge T Michael Putnam on 12/5/2017. (KAM) Modified on 12/6/2017 (KAM, ).
December 5, 2017 Filing 1823 ***Document Sealed **BCBS of ALABAMA Response to Subscriber Plaintiffs' Supplemental Motion to Compel Truven Data (Attachments: #1 Exhibit A) (KAM)
December 5, 2017 Opinion or Order Filing 1822 ORDER pending before the court is #1816 SEALED MOTION Plaintiffs Motion Challenging Assertion of Privilege over Documents Produced by Defendants Anthem, Inc. and Capital Bluecross; any responses are due no later than Monday, December 11, 2017 at 5:00 p.m. CST; dfts may submit challenged documents for in camera review by email; any reply is due by Wednesday, December 13, 2017 at 12:00 p.m. CST; Motion is set for argument on 12/14/2017 03:00 PM during the weekly telephone conference before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on 12/5/2017. (KAM)
December 5, 2017 Opinion or Order Filing 1821 TEXT ORDER-By agreement of the parties, BCBS-AL's Motion for Protective Order Regarding Deposition of Michael Velezis (Doc. # 1759) is MOOT.Signed by Judge R David Proctor on 12/5/2017. (KAM)
December 4, 2017 Opinion or Order Filing 1820 DISCOVERY ORDER No. 80: - DENYING #1676 Motion to Compel. Documents required to be produced pursuant to this Order shall be produced by December 20, 2017. Signed by Magistrate Judge T Michael Putnam on 12/4/17. (SAC )
December 4, 2017 Opinion or Order Filing 1819 JOINT PROTECTIVE ORDER: re #1811 Motion for Protective order is GRANTED as set out within. Signed by Magistrate Judge T Michael Putnam on 12/4/17. (SAC )
December 4, 2017 Filing 1818 RESPONSE in Support re #1741 MOTION for Reconsideration re #1667 Order (Discovery Order No. 76) filed by Defendants' Counsel. (Sooy, Kathleen)
December 4, 2017 Opinion or Order Filing 1817 DISCOVERY ORDER No. 79: re #1681 Motion to Compel Third Party AvMed, Inc.- The motion is GRANTED as set out within. Signed by Magistrate Judge T Michael Putnam on 12/4/17. (SAC ) Modified on 12/4/2017 (SAC ).
December 1, 2017 Filing 1816 SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS' Motion Challenging Assertion of Privilege Over Documents Produced by Defendants Anthem, Inc and Capital Bluecross. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(KAM)
December 1, 2017 Filing 1815 ***Document Sealed **SUBSCRIBER PLAINTIFFS' Opposition to BCBS-MI's Motion to Compelo (Attachments: #1 Exhibit A, #2 Exhbit B, #3 Exhibit C) (KAM, )
November 30, 2017 Filing 1814 REPLY to re #1765 Provider Plaintiffs' Reply In Support of Their Motion to Unseal Transcript of November 13, 2017 Conference filed by Plaintiffs' Counsel. (Whatley, Joe)
November 30, 2017 Opinion or Order Filing 1813 DISCOVERY ORDER NO. 78 denying #1790 Motion for Protective Order ; The deposition of Community Health is ORDERED to proceed on December 6, 2017, as scheduled. Signed by Magistrate Judge T Michael Putnam on 11/30/2017. (KAM)
November 30, 2017 Opinion or Order Filing 1812 TEXT ORDER re #1669 Subscribers' Status Report on Outstanding Structured Data, which was construed as a motion as to United and Viva by #1721 Order dated November 9, 2017. The issue is MOOT, per the discussions of the parties at the Discovery Status Conference held on November 30, 2017. Signed by Magistrate Judge T Michael Putnam on November 30, 2017. (JTS)
November 30, 2017 Filing 1811 MOTION for Protective Order Regarding Plaintiffs' Non-Party Subpoena to Peter Kilmartin by Peter Kilmartin. (Attachments: #1 Exhibit A)(Plant, Adam)
November 30, 2017 Filing 1810 SEALED MOTION **BCBS MICHIGAN's MOTION to Compel Subscriber Plaintiffs to supplement their responses to defendants' first set of discovery requests pursuant to Discovery Order No. 75 by Blue Cross Blue Shield Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(KAM)
November 30, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference held on 11/30/2017 and Motion Hearing held on 11/30/2017: re #1681 , #1733 , #1740 , #1747 , #1775 , #1790 ; argument by counsel; status updates; hrg adj (Court Reporter Sabrina Lewis) (ASL)
November 29, 2017 Filing 1809 ***Document Sealed ** Subscriber & Provider Plaintiffs' Opposition to Defendants' Rule 72 Objection to discovery order 76 (Attachments: #1 Exhibit A) (KAM, )
November 29, 2017 Filing 1808 Opposition to re #1790 Provider Plaintiffs' Motion for a Protective Order Barring the Deposition of Community Health Systems filed by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Sooy, Kathleen)
November 29, 2017 Filing 1807 RESPONSE in Opposition re #1742 MOTION for Extension of Time to File a Rule 72 Objection, or Alternatively, to Treat Their Motion for Reconsideration as a Rule 72 Objection filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Hellums, Christopher)
November 29, 2017 Filing 1806 NOTICE by Plaintiffs' Counsel re #1775 MOTION to Compel Defendants' Structured Data Production by Subscriber Plaintiffs (Ragsdale, Barry)
November 29, 2017 Filing 1805 ***Document Sealed **Blue Cross Blue Shield of Michigan's Reply in support of its Motion to Compel the production of certain documents from non-party provider Healthcare Authority of the City of Huntsville (KAM)
November 29, 2017 Filing 1804 ***Document Sealed ** Blue Cross Blue Sheild of Michigan's REPLY in support of its Motion to Compel the production of documents from Non-Party Provider Cahaba Medical Care (KAM)
November 29, 2017 Filing 1803 RESPONSE in Opposition re #1775 MOTION to Compel Defendants' Structured Data Production filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Clark, Anna)
November 29, 2017 Filing 1802 RESPONSE to Motion re #1775 MOTION to Compel Defendants' Structured Data Production filed by Defendants' Counsel. (Norman, Brian)
November 29, 2017 Filing 1801 RESPONSE in Opposition re #1775 MOTION to Compel Defendants' Structured Data Production filed by Anthem, Inc.. (Hoover, Craig)
November 29, 2017 Filing 1800 RESPONSE to re #1765 Plaintiffs' Motion to Unseal Transcript of November 13, 2017 Conference filed by Defendants' Counsel. (Laytin, Daniel)
November 29, 2017 Filing 1799 REPLY Brief filed by Defendant Blue Cross Blue Shield Michigan re: #1773 Response in Opposition to Motion, #1740 MOTION to Compel Baycare Health System Inc. filed by Blue Cross Blue Shield Michigan. (Campbell, Andrew)
November 29, 2017 Filing 1798 RESPONSE to Motion re #1765 MOTION to Unseal Document #1734 Transcript,,, Provider Plaintiffs' Motion to Unseal Transcript of November 13, 2017 Conference filed by Anthem, Inc.. (Kurtz, Glenn)
November 28, 2017 Opinion or Order Filing 1797 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney J. Allen Schreiber. #1794 The Motion #1794 is GRANTED. The Clerk of the Court is directed to terminate attorney Schreiber. Signed by Judge R David Proctor on 11/28/2017. (KAM, )
November 28, 2017 Opinion or Order Filing 1796 TEXT ORDER - This matter is before the court on (a) Subscriber Plaintiffs' Consolidated Response Regarding Subpoenas to Alabama Department of Insurance #1772 and (b) BCBS-AL's Reply to Subscriber Plaintiffs' Consolidated Response Regarding Subpoenas to Alabama Department of Insurance. #1793 In light of those filings #1772 #1793 : (1) BCBS-AL's Motion to Quash Subpoenas to Alabama Department of Insurance #1723 and (2) the Alabama Department of Insurance's Motion to Quash Subpoenas or for Protective Order #1762 are MOOT. Signed by Judge R David Proctor on 11/28/2017. (KAM, )
November 28, 2017 Filing 1795 SEALED MOTION ** Subscriber Plaintiffs' Supplemental Motion to Compel Blue Cross and Blue Shield of Alabama to produce Truven Data. (Attachments: #1 Exhibit 1)(KAM)
November 28, 2017 Filing 1794 MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Schreiber, J)
November 28, 2017 Filing 1793 ***Document Sealed **BCBS of Alabama's Reply to Subscriber Plaintiffs' consolidated response regarding subpoenas to Alabama Department of Insurance (Attachments: #1 Exhibit A) (KAM)
November 28, 2017 Filing 1792 REPLY to re #1681 Motion to Compel Third Party AvMed, Inc. filed by Defendants' Counsel. (Cottrell, Christa)
November 28, 2017 Filing 1791 Opposition to Provider Plaintiffs' Motion to Compel BCBSAL to Produce Truven, Thompson Reuters, and Milliman Data filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B)(Malatesta, John)
November 27, 2017 Filing 1790 MOTION for Protective Order Regarding the Deposition of Community Health Systems (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Brown, W)
November 27, 2017 Opinion or Order Filing 1789 TEXT ORDER re #1779 Defendant BCBS-MI's Motion to Compel Avantgarde Aviation, Inc. Any response to the motion is due no later than December 1, 2017, at 5:00 p.m. CST. A reply, if any, is due no later than December 6, 2017, at 12:00 p.m. CST. Signed by Magistrate Judge T Michael Putnam on November 27, 2017. (JTS)
November 27, 2017 Opinion or Order Filing 1788 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENTfor services rendered and expenses incurred from October 1, 2017 through October 31, 2017 in this matter relating solely to services provided to the Plaintiffs, and totaling $53,000.00. Signed by Judge R David Proctor on 11/27/2017. (KAM, )
November 27, 2017 Opinion or Order Filing 1787 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from October 1, 2017 through October 31, 2017 in this matter as it relates to services rendered for both sides of the case, and totaling $14,000.00. Signed by Judge R David Proctor on 11/27/2017. (KAM)
November 24, 2017 Filing 1785 STATUS REPORT Justifications to Maintain Redactions and Seals on Provider Plaintiffs' Motion to Compel BCBSAL to Produce Truven, Thompson Reuters, and Milliman Data and Accompanying Exhibits by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
November 24, 2017 Filing 1784 STATUS REPORT Justifications to Maintain Seals on Certain Exhibits Contained in Provider Plaintiffs' Motion to Compel BCBSAL to Comply with its Rule 30(b)(6) Obligations by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
November 22, 2017 Filing 1786 ***Document Sealed ** Third Party Provider Cahaba Medical Care's Response in Opposition to Defendant Blue Cross Blue Shield of Michigan's Motion to Compel Production of Documents (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (KAM)
November 22, 2017 Filing 1783 STATUS REPORT Plaintiffs' and Defendants' Joint Status Report on Post-December 1, 2017 Depositions by Defendants' Counsel. filed by Defendants' Counsel (West, Kimberly)
November 22, 2017 Filing 1782 RESPONSE to Motion re #1747 SEALED MOTION Provider Plaintiffs' Response to Defendant Blue Cross Blue Shield of Michigan's Motion to Compel the Production of Documents From Huntsville Hospital filed by Plaintiffs' Counsel. (Brown, W)
November 22, 2017 Filing 1781 RESPONSE in Opposition re #1733 SEALED MOTION Third Party Provider Cahaba Medical Care's Response in Opposition to Defendant Blue Cross Blue Shield of Michigan's Motion to Compel the Production of Documents (Redacted) filed by Cahaba Medical Care. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brown, W)
November 22, 2017 Filing 1780 ***Document Sealed ** SUBSCRIBER PLAINTIFFS'** Exhibit A to Motion and Incorporated Memorandum to Compel Defendants' Structured Data Production #1775 (KAM, )
November 22, 2017 Filing 1778 RESPONSE to Motion re #1747 SEALED MOTION TO COMPEL filed by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
November 22, 2017 Filing 1777 MOTION to Seal Motion of Non-Party to Maintain Seal, And For Other Relief by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
November 22, 2017 Filing 1776 STATUS REPORT Subscriber Plaintiffs' Report On Outstanding Non-Party Structured Data by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
November 22, 2017 Filing 1775 MOTION to Compel Defendants' Structured Data Production by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 22, 2017 Filing 1774 RESPONSE in Opposition re #1759 MOTION for Protective Order Regarding Deposition of Michael Velezis filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ragsdale, Barry)
November 22, 2017 Filing 1773 RESPONSE in Opposition re #1740 MOTION to Compel Baycare Health System Inc. filed by Baycare Health System, Inc.. (White, James)
November 22, 2017 Filing 1772 RESPONSE in Opposition re #1723 MOTION to Quash Subpoenas to Alabama Department of Insurance, #1762 MOTION for Protective Order filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 21, 2017 Filing 1779 ***Document Sealed **Defendant BCBS of Michigan's MOTION TO COMPEL Avantgarde Aviation Inc (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (KAM, ) Modified on 11/27/2017 (KAM, ).
November 21, 2017 Filing 1771 NOTICE by Plaintiffs' Counsel Notice of Joinder in Motion to Unseal Transcript of November 13, 2017 Conference (Hellums, Christopher)
November 21, 2017 Filing 1770 MOTION Maintain Seal re #1733 SEALED MOTION Third Party Provider Cahaba Medical Care's Motion to Maintain Seal on Defendant Blue Cross Blue Shield of Michigan's Motion to Compel the Production of Documents and Accompanying Exhibits by Cahaba Medical Care. (Brown, W)
November 21, 2017 Filing 1769 RESPONSE to the Court's November 9, 2017 Order filed by VIVA Health Inc.. (Ezelle, Jay)
November 21, 2017 Filing 1768 RESPONSE in Opposition re #1681 MOTION to Compel Third Party AvMed, Inc. filed by AvMed, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Treadwell, Raymond)
November 21, 2017 Opinion or Order Filing 1767 ORDER granting #1661 Motion to Compel; granting #1663 Sealed Motion. Signed by Judge R David Proctor on 11/21/2017. (KAM, )
November 21, 2017 Filing 1766 Transcript of Proceedings held on 11/16/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Christina Decker. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/19/2018. (KAM)
November 21, 2017 Filing 1765 MOTION to Unseal Document #1734 Transcript,,, Provider Plaintiffs' Motion to Unseal Transcript of November 13, 2017 Conference by Plaintiffs' Counsel. (Brown, W)
November 21, 2017 Opinion or Order Filing 1764 TEXT ORDER re #1674 Order dated November 6, 2017. The Status Conference set by Discovery Order No. 1 (doc. 229), which was previously scheduled for 1:00 p.m. on November 30, 2017, is RESET for 10:00 a.m. on November 30, 2017, in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama, before the undersigned. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on November 21, 2017. (JTS)
November 20, 2017 Opinion or Order Filing 1763 ORDER APPOINTING PRIVILEGE MASTER - Pursuant to Federal Rule of Civil Procedure 53, and with the agreement of the Parties, the court hereby APPOINTS R. Bernard Harwood, Jr., to serve as a Privilege Master in this action with regard to privilege log related issues. Signed by Judge R David Proctor on 11/20/2017. (KAM, )
November 20, 2017 Filing 1762 MOTION for Protective Order by Alabama Department of Insurance. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(McDonald, John)
November 20, 2017 Opinion or Order Filing 1761 TEXT ORDER-This matter is before the court on BCBS-AL's Motion to Quash Subpoenas to the Alabama Department of Insurance. #1723 Any response to the Motion is due on or before November 22, 2017 at 5:00 p.m. CST. A reply, if any, is due on or before November 29, 2017 at 12:00 p.m. CST. Signed by Judge R David Proctor on 11/20/2017. (KAM)
November 17, 2017 Opinion or Order Filing 1760 TEXT ORDER re #1759 BCBS-AL's Motion for Protective Order Regarding Deposition of Michael Velezis. Any response to the motion is due no later than November 22, 2017, at 5:00 p.m. CST. A reply, if any, is due no later than November 29, 2017, at 12:00 p.m. CST. Signed by Magistrate Judge T Michael Putnam on November 17, 2017. (JTS)
November 17, 2017 Filing 1759 MOTION for Protective Order Regarding Deposition of Michael Velezis by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
November 17, 2017 Opinion or Order Filing 1758 ORDER re #1741 MOTION for Reconsideration re #1667 Order (Discovery Order No. 76) filed by Defendants' Counsel, and #1742 MOTION for Extension of Time to File a Rule 72 Objection, or Alternatively, to Treat Their Motion for Reconsideration as a Rule 72 Objection filed by Defendants' Counsel. The Motion for Extension of Time to File Rule 72 Objection (doc. 1742) is DENIED IN PART and GRANTED IN PART. To the extent the Motion requests an extension of time to file a Rule 72 objection, the Motion is DENIED. To the extent the Motion requests the Motion to Reconsider Discovery Order No. 76 (doc. 1741) be treated as a Rule 72 objection, the Motion is GRANTED. Signed by Magistrate Judge T Michael Putnam on 11/17/2017. (JLC)
November 17, 2017 Opinion or Order Filing 1757 TEXT ORDER re #1739 Subscriber Plaintiffs' Updated Status Report on Outstanding Structured Data. To the extent the Subscriber Plaintiffs wish to file any motions regarding any outstanding structure data issues, the motions may be filed no later than November 22, 2017, per the discussions of the Status Conference held on November 16, 2017. If a motion is filed, any response is due no later than November 29, 2017, at 12:00 p.m. CST. No replies will be filed. Signed by Magistrate Judge T Michael Putnam on November 17, 2017. (JTS)
November 17, 2017 Opinion or Order Filing 1756 TEXT ORDER re #1751 #1753 Provider Plaintiffs' Motion to Compel BCBS-AL to Produce Truven, Thompson Reuters, and Milliman Data and #1750 #1752 Motion to Compel BCBS-AL to Comply With its Rule 30(b)(6) Obligations. Any responses to the motions are due November 28, 2017, at 12:00 p.m. CST. Pursuant to the Discovery Status Conference held on November 17, 2017, no replies will be filed. Signed by Magistrate Judge T Michael Putnam on November 17, 2017. (JTS)
November 17, 2017 Opinion or Order Filing 1755 TEXT ORDER re #1733 BCBS-MI's Motion to Compel the Production of Documents from Non-Party Provider Cahaba Medical Care, #1740 Defendants' Motion to Compel Baycare Health System, Inc., and #1747 BCBS-MI's Motion to Compel the Production of Certain Documents from Non-Party Provider Healthcare Authority of the City of Huntsville. Any responses to the motions are due no later than November 22, 2017, at 5:00 p.m. CST. Replies, if any, are due no later than November 29, 2017, at 12:00 p.m. CST. Signed by Magistrate Judge T Michael Putnam on November 17, 2017. (JTS)
November 17, 2017 Filing 1754 RESPONSE to re #1746 / Defendant Anthem Inc.'s Response to the Subscriber Plaintiffs' Status Report Regarding Newly Produced Document Relating to Anthem's Chronology filed by Anthem, Inc.. (Kurtz, Glenn)
November 16, 2017 Filing 1753 MOTION to Compel Blue Cross and Blue Shield of Alabama to Produce Truven, Thompson Reuters, and Milliman Data (Redacted) (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Whatley, Joe)
November 16, 2017 Filing 1752 MOTION to Compel Blue Cross and Blue Shield of Alabama to Comply With Its Rule 30(b)(6) Obligations (Redacted) (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Whatley, Joe)
November 16, 2017 Filing 1751 SEALED MOTION ** PROVIDER PLAINTIFFS'** Motion to Compel Blue Corss and Blure Shield of Alabama to produce Truven, Thompson Reuters and Milliman Data. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(KAM)
November 16, 2017 Filing 1750 SEALED MOTION **PROVIDER PLAINTIFFS'** Motion to Compel Blue Cross and Blue Shield of Alabama to comply with its Rule 30(B0(6) obligations. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(KAM)
November 16, 2017 Filing 1749 NOTICE of Appearance by Jeffrey John Fowler on behalf of Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health Care Service Corporation (Fowler, Jeffrey)
November 16, 2017 Filing 1748 STATUS REPORT Regarding Sampling Process by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
November 16, 2017 Filing 1747 SEALED MOTION to Compel the production of certain documents from the Non-Party Provider Healthcare Authority of the City of Huntsville by Blue Cross Blue Shield Michigan. (KAM, ) (Additional attachment(s) added on 11/16/2017: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (KAM, ).
November 16, 2017 Filing 1746 ***Document Sealed - SUBSCRIBER PLAINTIFFS' Status Report regarding newly produced document relating to Anthem's chronology (Attachments: #1 Exhibit 1, #2 Exhibit 2) (KAM, )
November 16, 2017 Filing 1745 RESPONSE in Opposition re #1742 MOTION for Extension of Time to File a Rule 72 Objection, or Alternatively, to Treat Their Motion for Reconsideration as a Rule 72 Objection (Joint) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Brown, W)
November 16, 2017 Filing 1744 REPLY to re #1680 Defendants' Corrected Reply Regarding Third-Party Depositions filed by Defendants' Counsel. (Cottrell, Christa)
November 16, 2017 Filing 1743 REPLY to re #1680 Defendants' Reply Regarding Third-Party Depositions filed by Defendants' Counsel. (Cottrell, Christa)
November 16, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam and Judge R. David Proctor: Status Conference and Motion Hearing held on 11/16/2017. (Court Reporter Christina Decker) (ASL)
November 15, 2017 Filing 1742 MOTION for Extension of Time to File a Rule 72 Objection, or Alternatively, to Treat Their Motion for Reconsideration as a Rule 72 Objection by Defendants' Counsel. (Sooy, Kathleen)
November 15, 2017 Filing 1741 MOTION for Reconsideration re #1667 Order (Discovery Order No. 76) by Defendants' Counsel. (Sooy, Kathleen) Modified on 11/27/2017 (KAM, ).
November 15, 2017 Filing 1740 MOTION to Compel Baycare Health System Inc. by Blue Cross Blue Shield Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Campbell, Andrew)
November 15, 2017 Filing 1739 STATUS REPORT on Outstanding Structured Data (Subscriber Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
November 15, 2017 Filing 1738 ***Document Sealed ** SUBSCRIBER PLAINTIFFS** Unredacted version of their Reply is Support of their Motion to Compel Production of BCBS-AL's Statements in Connection with the Consent Order. (KAM)
November 15, 2017 Filing 1737 ***Document Sealed **SUBSCRIBER PLANTIFFS** unredacted version of the Reply in Support of Their Omnibus Motion to Compel (KAM)
November 15, 2017 Filing 1736 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1676 MOTION to Compel Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 15, 2017 Filing 1735 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1661 MOTION to Compel Production of BCBS-AL's Statements in Connection with the Consent Order [REDACTED] REDACTED filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 15, 2017 Filing 1734 SEALED Transcript of Proceedings held on 11/13/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/6/2017. Redacted Transcript Deadline set for 12/16/2017. Release of Transcript Restriction set for 2/13/2018. (KAM, )
November 14, 2017 Filing 1733 SEALED MOTION to COMPEL the production of documents from non-party provider Cahaba Medical Care by Blue Cross Blue Shield Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(KAM, )
November 14, 2017 Filing 1732 STATUS REPORT BCBSAL's Justifications to Maintain Seal on Exhibit Contained in Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
November 14, 2017 Filing 1731 RESPONSE to re #1680 Subscriber Plaintiffs' Response Regarding Remaining Depositions filed by Plaintiffs' Counsel. (Hellums, Christopher)
November 14, 2017 Filing 1730 RESPONSE to re #1680 Defendants' Notice Regarding Remaining Third-Party Depositions (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Brown, W)
November 13, 2017 Filing 1729 Transcript of Proceedings held on 11/9/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/4/2017. Redacted Transcript Deadline set for 12/14/2017. Release of Transcript Restriction set for 2/11/2018. (Attachments: #1 Certification page) (KAM, )
November 13, 2017 Opinion or Order Filing 1728 ORDER APPOINTING SEAL MASTER - the Court appoints R. Bernard Harwood, Jr to serve as a Seal Master in this action with regard to seal-related issues. Signed by Judge R David Proctor on 11/13/2017. (KAM)
November 13, 2017 Opinion or Order Filing 1727 DISCOVERY ORDER No 77 - denying #1610 Motion for Reconsideration. Signed by Magistrate Judge T Michael Putnam on 11/13/2017. (KAM)
November 13, 2017 Opinion or Order Filing 1726 TEXT ORDER finding as moot #1670 and #1672 Subscriber Plaintiffs' Motion to Compel Production of BCBS-AL's Documents About Out-of-State Sales of Insurance Services, per the agreement of the parties. Signed by Magistrate Judge T Michael Putnam on November 13, 2017. (JTS)
November 13, 2017 Filing 1725 Opposition to Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
November 13, 2017 Filing 1724 Opposition to Subscriber Plaintiffs' Motion to Compel Production of BCBSAL's Statement in Connection with Consent Order filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
November 13, 2017 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 11/13/2017. (Court Reporter Leah Turner.) (KLL)
November 13, 2017 Set/Reset Hearings (see order #1720 ): Motion Hearing #1681 set for Thursday, 11/30/2017 at 01:00 PM in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. (ASL)
November 10, 2017 Filing 1723 MOTION to Quash Subpoenas to Alabama Department of Insurance by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkhalter, Carl)
November 10, 2017 Filing 1722 STATUS REPORT BCBSAL's Justifications to Maintain Seal on Subscriber Plaintiffs' Motion to Compel and Exhibit by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
November 9, 2017 Opinion or Order Filing 1721 ORDER re #1669 Status Report; response is due no later than 11/21/17; reply, if any, is due no later than 11/28/17; court will hear argument regarding the issue on 11/30/17 at 1:00 PM in Courtroom 3B. Signed by Magistrate Judge T Michael Putnam on 11/9/2017. (ASL)
November 9, 2017 Opinion or Order Filing 1720 ORDER Setting Hearing on Motion #1681 MOTION to Compel Third Party AvMed, Inc: Motion Hearing set for Thursday, 11/30/2017 at 01:00 PM in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T. Michael Putnam. Signed by Magistrate Judge T Michael Putnam on 11/9/2017. (ASL) Modified on 11/13/2017 (ASL).
November 9, 2017 Opinion or Order Filing 1719 TEXT ORDER re #1680 Defendants' Notice Regarding Remaining Third-Party Depositions. A response is due no later than November 14, 2017, at 12:00 p.m. A reply, if any, is due no later than November 16, 2017, at 12:00 p.m. The issue is set for argument on November 16, 2017, at 2:00 P.M. in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama, before the undersigned, as set by the Order dated November 6, 2017 (doc. #1674 ). Signed by Magistrate Judge T Michael Putnam on November 9, 2017. (JTS)
November 9, 2017 Opinion or Order Filing 1718 TEXT ORDER amending 1677 Order. A response to #1676 & #1678 Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery is due no later than Monday, November 13, 2017, at 12:00 p.m. A reply, if any, is due no later than Wednesday, November 15, 2017, at 4:00 p.m. Signed by Magistrate Judge T Michael Putnam on November 9, 2017. (JTS)
November 9, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 11/9/2017. (Court Reporter Teresa Roberson) (ASL)
November 8, 2017 Filing 1717 NOTICE by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health Care Service Corporation Certification of Privilege Review Pursuant to Discovery Order No. 76 (Hogewood, Mark)
November 8, 2017 Filing 1716 NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Wyoming's Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1715 NOTICE by Defendants' Counsel of Noridian Mutual Insurance Company's Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1714 NOTICE by Defendants' Counsel of HealthNow New York Inc.'s Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1713 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Nebraska's Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1712 NOTICE by Defendants' Counsel of Blue Cross of Idaho Health Service, Inc.'s Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1711 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas City's Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1710 NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas, Inc.'s Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1709 NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Arizona's Certification of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy, Kathleen)
November 8, 2017 Filing 1708 NOTICE by Highmark BCBSD Inc., Highmark Inc., Highmark West Virginia Inc. Certification Regarding Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Hogewood, Mark)
November 8, 2017 Filing 1707 NOTICE by Defendants' Counsel USAble's Certification Pursuant to Discovery Order No. 76 (Naranjo, Michael)
November 8, 2017 Filing 1706 NOTICE by Premera Blue Cross CERTIFICATION PURSUANT TO DISCOVERY ORDER NO. 76 (Payton, Gwendolyn)
November 8, 2017 Filing 1705 NOTICE by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield NOTICE by Excellus BlueCertification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Clark, Anna)
November 8, 2017 Filing 1704 NOTICE by Blue Cross and Blue Shield of Alabama Certification Pursuant to Discovery Order No. 76 (Malatesta, John)
November 8, 2017 Filing 1703 NOTICE by Triple-S Salud, Inc. Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1702 NOTICE by Defendants' Counsel Wellmark Blue Cross and Blue Shield Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1701 NOTICE by Defendants' Counsel Horizon Blue Cross Blue Shield of New Jersey Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1700 NOTICE by Defendants' Counsel Hawaii Medical Service Association Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1699 NOTICE by Defendants' Counsel Cambia Health Solutions Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1698 NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Vermont Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1697 NOTICE by Defendants' Counsel BlueCross BlueShield of Tennessee Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1696 NOTICE by Defendants' Counsel BlueCross BlueShield of South Carolina Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1695 NOTICE by Defendants' Counsel Blue Cross & Blue Shield of Rhode Island Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1694 NOTICE by Defendants' Counsel BlueCross BlueShield of North Carolina Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1693 NOTICE by Defendants' Counsel Blue Cross Blue Shield of Mississippi Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1692 NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Minnesota Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1691 NOTICE by Defendants' Counsel Blue Cross Blue Shield of Massachusetts Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1690 Evidentiary Material Certification of CareFirst, Inc.'s, Group Hospitalization and Medical Services, Inc.'s, CareFirst of Maryland, Inc.'s, and CareFirst BlueChoice, Inc.'s Privilege Logs in Response to Discovery Order No. 76. (Norman, Brian)
November 8, 2017 Filing 1689 NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Louisiana Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1688 NOTICE by Defendants' Counsel Blue Cross Blue Shield of Florida Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1687 NOTICE by Anthem, Inc. Certification of Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen, Lucile)
November 8, 2017 Filing 1686 NOTICE by Blue Shield of California Certification of Blue Shield of California's Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Fronk, Casey)
November 8, 2017 Filing 1685 NOTICE by Defendants' Counsel Certification Pursuant To Discovery Order No. 76 On Behalf Of Independence Hospital Indemnity Plan, Inc. (Oppenheimer, Brooke)
November 8, 2017 Filing 1684 NOTICE by Blue Cross Blue Shield Michigan of Personal Certification regarding BCBS Michigan's Privilege Log (Campbell, Andrew)
November 8, 2017 Filing 1683 NOTICE by Defendants' Counsel re #1667 Order Certification of Compliance with Discovery Order No. 76 (Donnell, Sarah)
November 8, 2017 Filing 1682 NOTICE by Defendants' Counsel Certification Pursuant To Discovery Order No. 76 On Behalf Of Capital BlueCross (Spotswood, Robert)
November 8, 2017 Filing 1681 MOTION to Compel Third Party AvMed, Inc. by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Cottrell, Christa)
November 8, 2017 Filing 1680 NOTICE by Defendants' Counsel Regarding Remaining Third-Party Depositions (Cottrell, Christa)
November 8, 2017 Opinion or Order Filing 1679 TEXT ORDER-This matter is before the court on Plaintiffs Motion to Compel Production of BCBS-ALs Statements in Connection with the Consent Order. (Docs. # 1661 (redacted) and 1663 (sealed)). BCBS-AL's response is due no later than 12:00 noon on Monday, November 13, 2017. Any reply is due no later than 12:00 noon on November 15, 2017. Signed by Judge R David Proctor on 11/8/2017. (KAM)
November 7, 2017 Filing 1678 SEALED MOTION ** SUBSCRIBER PLAINTIFFS'** Omnibus Motion To Compel Remaining Filed Rate Discovery. (Attachments: #1 Exhibit A, #2 Exhibit C)(KAM)
November 7, 2017 Opinion or Order Filing 1677 TEXT ORDER re #1676 Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery. Any response is due no later than November 10, 2017. Movant's reply, if any, is due no later than November 14, 2017. The Motion is set to be heard on November 16, 2017, at the Special Status Conference. Signed by Magistrate Judge T Michael Putnam on November 7, 2017. (JTS)
November 7, 2017 Filing 1676 MOTION to Compel Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate Discovery by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ragsdale, Barry)
November 6, 2017 Filing 1675 ***Document Sealed - ANTHEM's Notice in compliance with the 11/3/2017 Order (Attachments: #1Anthem Chronology for MDL plaintiffs) (KAM,)
November 6, 2017 Opinion or Order Filing 1674 ORDER Special Status Conference set for 11/16/2017 02:00 PM before Magistrate Judge T Michael Putnam.. Signed by Magistrate Judge T Michael Putnam on 11/6/2017. (KAM, )
November 6, 2017 Filing 1673 NOTICE by Plaintiffs' Counsel of Provider Plaintiffs' Response to Randall Abbott's Letter Motion of November 3, 2017 (Attachments: #1 Exhibit A)(Quillen, Henry)
November 3, 2017 Filing 1672 SEALED MOTION **SUBSCRIBER PLAINTIFFS'** Motion to Compel Production of BCBS-AL's Documents about out-of-state sales of insurance services (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(KAM)
November 3, 2017 Opinion or Order Filing 1671 ORDER: re #1658 Plaintiffs Motion to Enforce this Court's Previous Directive is GRANTED. By agreement, Anthem will prepare from its proposed chronology a new document, in the nature of a privilege log, reflecting a chronology of mediation-related disclosures. The log should indicate the date of the mediation-related disclosure, the type of communication, and identify the persons involved. Anthem SHALL file this document, under seal, on or before 12:00 noon on Tuesday, November 7, 2017. Signed by Judge R David Proctor on 11/3/17. (SAC)
November 3, 2017 Filing 1670 MOTION to Compel Production of BCBS-AL's Documents About Out-of-State Sales of Insurance Services by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Ragsdale, Barry)
November 3, 2017 Filing 1669 STATUS REPORT on Outstanding Structured Data (Subscriber Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
November 3, 2017 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 11/3/2017. (KLL)
November 1, 2017 Filing 1668 RESPONSE to Motion re #1658 MOTION to Enforce This Court's Previous Directive filed by Anthem, Inc.. (Kimble, Cavender)
November 1, 2017 Opinion or Order Filing 1667 DISCOVERY ORDER No. 76, Protocols for Handling Privileged Documents, Signed by Magistrate Judge T Michael Putnam on 11/1/17. (SAC )
November 1, 2017 Opinion or Order Filing 1666 TEXT ORDER-This matter is before the court on Plaintiffs' Motion to Enforce this Court's Previous Directive. (Doc. # 1658). Anthem SHALL respond to Plaintiffs' Motion on or before 3:00 p.m. Central Time on Thursday, November 2, 2017. This issue is SET for a telephone conference at 10:00 a.m. Central Time on Friday, November 3, 2017. Representative counsel for Anthem and Plaintiffs, SHALL attend the telephone conference. To preserve confidentiality on this issue, the court requests that the Special Master distribute a call-in number to participating counsel only. Signed by Judge R David Proctor on 11/1/2017. (KAM)
November 1, 2017 Opinion or Order Filing 1665 DISCOVERY ORDER No. 75 granting #1463 Defendants' Sealed Motion to compel; Provider Plaintiffs are ORDERED to supplement their answers to the discrete subparts of Interrogatory No. 1 concerning RFAs Nos. 1 through 5, providing any unique facts and evidence that each Provider may possess that explain how the rules covered by RFA Nos. 1 through 5 affected any defendants conduct.2 If a Provider does not possess such unique facts and evidence beyond the general response supplied for all Providers, that Provider is ORDERED to admit the lack of such unique fact or evidence. Signed by Magistrate Judge T Michael Putnam on 10/31/2017. (KAM)
October 31, 2017 Filing 1664 STATUS REPORT Justifications to Maintain Seal on Subscriber Plaintiffs' Reply Memorandum by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
October 31, 2017 Filing 1663 SEALED MOTION ***SUBCRIBER PLAINTIFFS' Motion to Compel Production of BCBS-AL's Statements in Connection with the Consent Order. (Attachments: #1 Exhibit B)(KAM)
October 31, 2017 Filing 1662 STATUS REPORT Justification to Maintain Redactions Contained in Subscriber Plaintiffs' Reply in Support of their Motion for Reconsideration by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama (Attachments: #1 Exhibit Clawback Letter)(Burkhalter, Carl)
October 31, 2017 Filing 1661 MOTION to Compel Production of BCBS-AL's Statements in Connection with the Consent Order [REDACTED] by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ragsdale, Barry)
October 31, 2017 Filing 1660 NOTICE of Appearance by Brian Justin Kapatkin on behalf of Defendants' Counsel (Kapatkin, Brian)
October 31, 2017 Opinion or Order Filing 1659 DISCOVERY ORDER No. 74 granting #1612 Subscriber Plaintiffs' Motion to Compel Dft BCBSAL to produce identifying data; Subscribers and BCBSAL have agreed on the production of an explanation of or a decipher of the Coverage Code Data, BCBSAL is ORDERED to produce such explanation or decipher as soon as possible. Within seven (7) days of receipt of said explanation or decipher, the plaintiffs are ORDERED to inform BCBSAL whether the explanation or decipher resolves the issue, and if the explanation or decipher fails to resolve the issue, to Meet and Confer with BCBSAL; If the Meet & Confer confirms that the data cannot be feasibly exported or produced, the plaintiff is DIRECTED to file a status report suggesting feasible ways the data may be produced.. Signed by Magistrate Judge T Michael Putnam on 10/31/2017. (KAM, )
October 30, 2017 Filing 1658 MOTION to Enforce This Court's Previous Directive by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Whatley, Joe)
October 30, 2017 Filing 1657 Transcript of Proceedings held on 10/26/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/20/2017. Redacted Transcript Deadline set for 11/30/2017. Release of Transcript Restriction set for 1/28/2018. (Attachments: #1 certification) (KAM, )
October 27, 2017 Opinion or Order Filing 1656 DISCOVERY ORDER No. 73. Signed by Magistrate Judge T Michael Putnam on 10/27/2017. (KAM, )
October 27, 2017 Opinion or Order Filing 1655 DISCOVERY ORDER No. 72 granting #1615 Motion to Compel ; The parties are further ORDERED to schedule a deposition to be held by November 15, 2017, at a time and place reasonably convenient to Abbott. Nonparty witness Robert Abbott is hereby ORDERED to comply with the subpoena served upon him and to appear and testify as required by law by not later than November 15, 2017. Signed by Magistrate Judge T Michael Putnam on 10/27/2017. (KAM)
October 27, 2017 Opinion or Order Filing 1654 TEXT ORDER-This matter is before the court on BCBSAL's Motion to Maintain Seal. #1653 The Clerk of the Court is directed to terminate the Motion. #1653 The parties may respond, and the court will expect the Seal Team's report in due course. Signed by Judge R David Proctor on 10/27/2017. (KAM)
October 26, 2017 Filing 1653 MOTION to Seal Document Motion to Maintain Seal as to Exhibit Contained in Subscriber Plaintiffs' Notice of Filing Document Under Seal by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
October 26, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference and Motion Hearing held on 10/26/2017; re Motions 1463, 1610, 1612, 1615 and Privilege Logs (doc 1624). (Court Reporter Teresa Roberson) (ASL)
October 25, 2017 Opinion or Order Filing 1652 ORDER re: Joint Status Report and chronologies submitted in camera; Telephone Conference set for 11/13/2017 10:00 AM before Judge R David Proctor.Counsel for Anthem and Cigna, and no more than two attorneys for the Association shall attend the conference; To preserve confidentiality on this issue, the court requests that the Special Master distribute a call-in number to participating counsel only. Signed by Judge R David Proctor on 10/25/2017. (KAM)
October 24, 2017 Filing 1651 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1615 MOTION to Compel Attendance at a Deposition (Provider Plaintiffs') filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
October 24, 2017 Filing 1650 ***Document Sealed*** SUBSCRIBER PLAINTIFFS' Reply Memorandum in support of motion to compel dft BCBSAL to produce identifying data (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (KAM)
October 24, 2017 Filing 1649 ***Document Sealed *** SUBSCRIBERT PLAINTIFFS' Unredacted Reply in Support of their motion for reconsideration of 10/28/2016 Order and Discovery Order No. 33 (KAM)
October 24, 2017 Filing 1648 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1635 Opposition (other), #1610 MOTION for Reconsideration re #815 Order Subscriber Plaintiffs' Motion for Reconsideration of Oct 28, 16 Order and Discovery Order No. 33 filed by Plaintiffs' Counsel. (Ragsdale, Barry)
October 24, 2017 Opinion or Order Filing 1647 TEXT ORDER-This matter is before the court on the Seal Teams October 23, 2017 Report regarding various documents which can be unsealed. In light of that Report, the Clerk of the Court is directed to unseal the following documents: Provider Plaintiffs Response in Opposition to BCBSMIs Motion to Compel, and Exhibit 1 #1614 [1614-1]; Subscriber Plaintiffs Unredacted Motion For Reconsideration of October 28, 2016 Order and Discovery Order No. 33, and Exhibits A and E #1611 [1611-1] [1611-2]; and Subscriber Plaintiffs Motion to Compel Defendant BCBSAL to Produce Identifying Data, and Exhibits A-E and I #1612 [1612-1] [1612-2] [1612-3] [1612-4] [1612-5] [1612-9].. Signed by Judge R David Proctor on 10/24/2017. (KAM)
October 24, 2017 Opinion or Order Filing 1646 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from September 1, 2017 through September 30, 2017 in this matter relating solely to services provided to the Plaintiffs, and totaling $46,500.00. Signed by Judge R David Proctor on 10/24/2017. (KAM, )
October 24, 2017 Opinion or Order Filing 1645 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 9/1/2017 through 9/30/2017 in this matter as it relates to services rendered for both sides of the case, and totaling $7,500.00. Signed by Judge R David Proctor on 10/24/2017. (KAM, )
October 24, 2017 Filing 1644 RESPONSE to Plaintiffs' Notice of Correction to #1623 Joint Status Report on Privilege Logs filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Clark, Anna)
October 23, 2017 Filing 1643 STATUS REPORT BCBSA's Seal Justification for Doc. # 1624-3 and 1624-4 by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
October 23, 2017 Filing 1642 REPLY to re #1463 in Support of its Motion to Compel Provider Plaintiffs to Answer Discovery Requests filed by Blue Cross Blue Shield Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Campbell, Andrew)
October 23, 2017 Opinion or Order Filing 1641 TEXT ORDER - This matter is before the court on BCBSAL's Motion to Maintain the Seal. #1636 The Clerk of the Court is directed to terminate the Motion. #1636 The parties may respond, and the court will expect the Seal Team's report in due course. Signed by Judge R David Proctor on 10/23/2017. (KAM)
October 20, 2017 Filing 1640 NOTICE by Blue Cross and Blue Shield of Alabama Notice of Filing Corrected Exhibit B to its Opposition to Subscriber Plaintiffs' Motion for Reconsideration of October 28, 2016 Order and Discovery Order No.33 (Attachments: #1 Exhibit B)(Burkhalter, Carl)
October 20, 2017 Filing 1639 Transcript of Proceedings held on 10/19/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/18/2018. (KAM, )
October 20, 2017 Filing 1638 STATUS REPORT Joint by Anthem, Inc.. filed by Anthem, Inc. (Kimble, Cavender)
October 19, 2017 Filing 1637 RESPONSE to Subscriber Plaintiffs' Motion to Compel Defendant to Produce Identifying Data filed by Blue Cross and Blue Shield of Alabama. (Malatesta, John)
October 19, 2017 Filing 1636 MOTION to Seal BCBSAL's Motion to Maintain Seal as to Certain Exhibits to Subscriber Plaintiffs' Motion to Compel by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
October 19, 2017 Filing 1635 Opposition to Subscriber Plaintiffs' Motion for Reconsideration of October 28, 2016 Order and Discovery Order No. 33 filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkhalter, Carl)
October 19, 2017 Filing 1634 ***Document Sealed **SUBSCRIBER PLAINTIFFS'**Notice of Filing Corrected Exhibit G to the 10/12/2017 motion to compel BCBSAL to Produce Identifying Data (Attachments: #1 Exhibit Corrected Exhibit G) (KAM)
October 19, 2017 Opinion or Order Filing 1633 TEXT ORDER. Per the discussions of last two telephone conferences held on October 12 and 19, 2017, the parties have raised and discussed an issue related to BCBS-ALs request for a clawback of inadvertently disclosed privileged documents, and the parties agree that the issue is MOOT. Signed by Magistrate Judge T Michael Putnam on October 19, 2017. (JTS)
October 19, 2017 Filing 1632 NOTICE by Plaintiffs' Counsel of Withdrawal of Appearance of Jennifer Williams (Eisler, Robert)
October 19, 2017 Opinion or Order Filing 1631 TEXT ORDER - This matter is before the court on the Seal Teams October 19, 2017 Report regarding Cigna Corporations and Anthem Inc.s Stipulation Resolving Show Cause Order. #1602 In light of that Report, the Clerk of the Court is directed to unseal the following document: Document No. 1602. #1602 . Signed by Judge R David Proctor on 10/19/2017. (KAM)
October 19, 2017 Filing 1630 RESPONSE to re #1628 Plaintiffs' Status Report filed by Defendants' Counsel. (Attachments: #1 Exhibit Exhibit 1)(Hoover, Craig)
October 19, 2017 Filing 1629 RESPONSE to Plaintiffs' Notice of Correction to Joint Status Report on Privilege Logs filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B)(Priester, James)
October 19, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 10/19/2017. (Court Reporter Teresa Roberson) (ASL)
October 18, 2017 Filing 1628 STATUS REPORT Regarding Authenticity and Admissibility by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
October 17, 2017 Filing 1627 NOTICE by Plaintiffs' Liaison Counsel re #1623 Status Report, (Correction to Joint Status Report) (Ragsdale, Barry)
October 17, 2017 Filing 1626 TEXT ORDER-This matter is before the court on Cigna Corporation's Unopposed Motion for Leave to File Under Seal. #1625 The Motion #1625 is DENIED. The Clerk of the Court is directed to UNSEAL
October 16, 2017 Filing 1625 **CIGNA CORPORATION'S Unopposed Motion for leave to file the attached letter under seal (KAM) Document unsealed Modified on 10/17/2017 (KAM, ).
October 16, 2017 Filing 1624 ***Document Sealed **PLAINTIFFS' and DEFENDANTS' JOINT STATUS REPORT OF PRIVILEGE LOGS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit H) (KAM)
October 16, 2017 Filing 1623 STATUS REPORT on Behalf of Plaintiffs and Defendants Regarding Privilege Logs by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: #1 Exhibit A-D (SEALED), #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H (SEALED), #6 Exhibit I)(Ragsdale, Barry)
October 13, 2017 Opinion or Order Filing 1622 DISCOVERY ORDER NO. 71 re #1608 Notice (Other) filed by Plaintiffs' Liaison Counsel--Plaintiffs' request for additional time to take Carden deposition is GRANTED; Plaintiffs may use 3.5 additional hours for the deposition. Oral Motion by BCBS-AL to postpone Carden deposition GRANTED, to be re-scheduled by October 30, 2017. Signed by Magistrate Judge T Michael Putnam on 10/13/2017. (Putnam, T)
October 13, 2017 Filing 1621 Transcript of Proceedings held on 10/12/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/3/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/11/2018. (KAM, )
October 13, 2017 Opinion or Order Filing 1620 TEXT ORDER re #1615 Provider Plaintiffs' Motion to Compel Attendance at a Deposition. Any response to the motion by Randall Abbott is due no later than October 19, 2017. Movant's reply, if any, is due by October 24, 2017. Signed by Magistrate Judge T Michael Putnam on October 13, 2017. (JTS)
October 12, 2017 Opinion or Order Filing 1619 TEXT Order. Per the discussions during the October 12, 2017, telephone conference, the following briefing schedule is set for the clawback issue raised by the defendants: If the issue has not been resolved, the defendants shall file a Motion to Compel the clawback by no later than October 19, 2017, and a response from the plaintiffs to such a motion will be due by no later than October 24, 2017. Signed by Magistrate Judge T Michael Putnam on October 12, 2017. (JTS)
October 12, 2017 Opinion or Order Filing 1618 TEXT ORDER re #1463 Defendant BCBS-MI's Motion to Compel Provider Plaintiffs to Answer Discovery Requests. Oral arguments are set for October 26, 2017, at the Status Conference. Signed by Magistrate Judge T Michael Putnam on October 12, 2017. (JTS)
October 12, 2017 Opinion or Order Filing 1617 TEXT ORDER re #1610 Subscriber Plaintiffs' Motion for Reconsideration of October 28, 2016 Order and Discovery Order No. 33 and #1612 Subscriber Plaintiffs' Motion to Compel Defendant BCBSAL to Produce Identifying Data. Responses to each motion shall be filed no later than October 19, 2017, and replies, if any, shall be filed no later than October 24, 2017. Signed by Magistrate Judge T Michael Putnam on October 12, 2017. (JTS)
October 12, 2017 Filing 1616 RESPONSE in Opposition re #1463 SEALED MOTION (Provider Plaintiffs') Public Version filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1)(Whatley, Joe)
October 12, 2017 Filing 1615 MOTION to Compel Attendance at a Deposition (Provider Plaintiffs') by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Whatley, Joe)
October 12, 2017 Filing 1614 ***Document Sealed ** PROVIDER PLAINTIFFS' RESPONSE in opposition to Blue Cross Blue Shield of Michigan's MOTION to COMPEL Provider Plaintiffs to answer discovery requests (Attachments: #1 Exhibit 1) (KAM)
October 12, 2017 Filing 1613 Transcript of Proceedings held on 10/5/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/2/2017. Redacted Transcript Deadline set for 11/12/2017. Release of Transcript Restriction set for 1/10/2018. (KAM, )
October 12, 2017 Filing 1612 SEALED MOTION **SUBSCRIBER PLAINTIFFS' MOTION TO COMPEL defendant BCBSAL to produce identifying data. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(KAM)
October 12, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 10/12/2017. (Court Reporter Teresa Roberson) (ASL)
October 11, 2017 Filing 1611 ***Document Sealed ** SUBSCRIBER PLAINTIFFS' Unredated Motion for reconsideration of October 28, 2016 Order and Discovery Order No. 33 (Attachments: #1 Exhibit A, #2 Exhibit E) (KAM, )
October 11, 2017 Filing 1610 MOTION for Reconsideration re #815 Order Subscriber Plaintiffs' Motion for Reconsideration of Oct 28, 16 Order and Discovery Order No. 33 by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Sealed, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E - Sealed)(Ragsdale, Barry)
October 11, 2017 Opinion or Order Filing 1609 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on October 26, 2017, at 1:00 PM in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham, Alabama, before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discover Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on October 11, 2017. (JTS)
October 11, 2017 Filing 1608 NOTICE by Plaintiffs' Liaison Counsel Regarding Request for Additional Deposition Time for BCBS-AL Witness Noel Carden (Ragsdale, Barry)
October 11, 2017 Filing 1607 Transcript of Proceedings held on 10/4/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/1/2017. Redacted Transcript Deadline set for 11/11/2017. Release of Transcript Restriction set for 1/9/2018. (KAM, )
October 10, 2017 Opinion or Order Filing 1606 ORDER that the parties having reached an agreement; Anthems Motion to Enter its Proposed Order Regarding this Courts Show Cause Order Dated April 21, 2017 #1590 is MOOT. Signed by Judge R David Proctor on 10/10/2017. (KAM)
October 10, 2017 Opinion or Order Filing 1605 TEXT ORDER - This matter is before the court on the Seal Teams October 9, 2017 Report regarding Subscriber Plaintiffs' Unredacted Interim Report of Documents Relevant to BCBS-AL's Contacts with Prospective Class Members and Exhibits A and B thereto. In light of that Report, the Clerk of the Court is directed to unseal the following documents and/or exhibits: Documents No. 1584, 1584-1, and 1584-2. #1584 [1584-1] [1584-2].. Signed by Judge R David Proctor on 10/10/2017. (KAM, )
October 10, 2017 Opinion or Order Filing 1604 ORDER granting in part and denying in part #1515 Motion for Protective Order without prejudice; The Motion sought five separate categories of relief. (Doc. # 1515 at 8). The requests for relief in categories 1, 2, 3 and 5 are DENIED; The request for relief sought in category 4 (responses to Plaintiffs requests for information) is GRANTED IN PART, as discussed more fully on the record in open court. Signed by Judge R David Proctor on 10/10/2017. (KAM)
October 10, 2017 Opinion or Order Filing 1603 ORDER REGARDING DEFENDANTS PRIVILEGE LOGS - As discussed on the record in open court, on or before Friday, October 13, 2017, the parties are ORDERED to (1) meet and confer to narrow and crystalize the disputes and (2) develop a process1 and schedule for resolving those disputes. On or before Monday, October 16, 2017, the parties SHALL file a joint report regarding a proposed process and schedule for resolving any privilege log disputes.Signed by Judge R David Proctor on 10/10/2017. (KAM)
October 10, 2017 Filing 1602 CIGNA Corporation and ANTHEM Inc's STIPULATION RESOLVING SHOW CAUSE ORDER (KAM) ** unsealed per order 1631 Modified on 10/19/2017 (KAM).
October 6, 2017 Filing 1601 NOTICE of Appearance by Alexander McInnis Boies on behalf of Plaintiffs' Counsel (Boies, Alexander)
October 5, 2017 Filing 1600 TRANSFER ORDER OF THE UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION transferring 2 civil actions to be included in MDL 2406 BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION (Attachments: #1 Schedule A)(KAM)
October 5, 2017 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 10/5/2017. (Court Reporter Leah Turner.) (KLL)
October 4, 2017 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 10/4/2017. (Court Reporter Leah Turner.) (KLL)
October 3, 2017 Filing 1599 NOTICE of Appearance by Andrew W Hammond on behalf of Anthem, Inc. (Hammond, Andrew)
October 3, 2017 Filing 1598 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1515 MOTION for Protective Order Subscriber Plaintiffs' Motion for Protective Order and Related Relief as to BCBS-AL's Contacts With Class Members filed by Plaintiffs' Counsel. (Ragsdale, Barry)
October 2, 2017 Filing 1597 RESPONSE in Opposition re #1592 MOTION for Joinder in Anthem's Motion to Enter its Proposed Order Regarding This Court's Show Cause Order Dated April 21, 2017, #1590 MOTION to Enter It's Proposed Order Regarding This Court's Show Cause Order dated April 21, 2017 filed by CIGNA Health and Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weller, Christopher)
October 2, 2017 Filing 1596 Transcript of Proceedings held on 9-28-2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/23/2017. Redacted Transcript Deadline set for 11/2/2017. Release of Transcript Restriction set for 12/31/2017. (Attachments: #1 certification) (KAM, ) Modified on 10/5/2017 (KAM, ).
October 2, 2017 Opinion or Order Filing 1595 TEXT ORDER - This matter is before the court on Defendants' Motion to Keep Sealed Defendants' Motion for Reconsideration. #1570 The Motion #1570 is DENIED. Although privileged or proprietary material filed with discovery motions is not subject to the common-law right of access, see Romero v. Drummond Co., 480 F.3d 1234, 1245 (11th Cir. 2007), the Motion to Reconsider #1542 does not disclose any privileged or proprietary material except through general (i.e., non-specific) reference. Therefore, the Clerk of the Court is directed to UNSEAL document 1542. #1542 . Signed by Judge R David Proctor on 10/2/2017. (KAM, )
October 2, 2017 Opinion or Order Filing 1594 DISCOVERY ORDER No. 70 denying #1496 Motion for Protective Order. Signed by Magistrate Judge T Michael Putnam on 10/2/2017. (KAM, )
October 2, 2017 Opinion or Order Filing 1593 TEXT ORDER finding as moot #1563 Subscribers Plaintiffs' Motion to Compel Outstanding Data from Non-Party Humana, following the Discovery Status Conference held September 28, 2017. Signed by Magistrate Judge T Michael Putnam on October 2, 2017. (JTS)
September 29, 2017 Filing 1592 MOTION for Joinder in Anthem's Motion to Enter its Proposed Order Regarding This Court's Show Cause Order Dated April 21, 2017 by Defendants' Counsel. (Laytin, Daniel)
September 29, 2017 Filing 1591 Brief re #1576 Status Report, in Opposition to Seal Request (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Quillen, Henry)
September 29, 2017 Filing 1590 MOTION to Enter It's Proposed Order Regarding This Court's Show Cause Order dated April 21, 2017 by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Kurtz, Glenn)
September 29, 2017 Filing 1589 Brief re #1576 Status Report, in Opposition to Seal Request. (Stokes, Tammy)
September 29, 2017 Filing 1588 STATUS REPORT Report Regarding Proposed Agenda and Dial-In Instructions for Status Conference on October 4 and 5 2017 by Special Master. filed by Special Master (Attachments: #1 Exhibit October 4 2017 Dial In Instructions, #2 Exhibit October 5 2017 Dial In Instructions)(Gentle, Edgar)
September 28, 2017 Opinion or Order Filing 1587 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of Edgar C. Gentle, III, the Court-Appointed Special Master, for payment for services rendered and expenses incurred from August 1, 2017 through August 31, 2017 in this matter as it relates to services rendered for both sides of the case, and totaling $4,500.00. Signed by Judge R David Proctor on 9/28/2017. (KAM)
September 28, 2017 Opinion or Order Filing 1586 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of Edgar C. Gentle, III, the Court-Appointed Special Master, for payment for services rendered and expenses incurred from August 1, 2017 through August 31, 2017 in this matter relating solely to services provided to the Plaintiffs, and totaling $47,000.00. Signed by Judge R David Proctor on 9/28/2017. (KAM, )
September 28, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference and Motion Hearing held on 9/28/2017; arguments by counsel, re #1496 MOTION for Protective Order re: Discovery of 61 Non-Alabama Subscriber Plaintiffs; hrg adj (Court Reporter Teresa Roberson) (ASL)
September 27, 2017 Filing 1585 ***Document Sealed - DEFENDANTS' Notice of filing Exhibits in support of Blue Cross and Blue Shield of Alabama's Opposition to Subscriber Plaintiffs' Motion for Protective Order #1582 (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F) (KAM)
September 27, 2017 Filing 1584 ***Document Sealed - Subscriber Plaintiff's Unredacted Interim Report of Documents Relevant to BCBS-AL's Contacts with Prospective Class Members #1515 (Attachments: #1 Exhibit A, #2 Exhbiit B) (KAM)
September 27, 2017 Filing 1583 STATUS REPORT Subscriber Plaintiffs' Interim Report on Documents Relevant to BCBS-AL's contacts with Prospective Class Members (Doc 1515) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit A, #2 Exhibit B (Sealed))(Ragsdale, Barry)
September 27, 2017 Filing 1582 Opposition to Subscriber Plaintiffs' Motion for Protective Order filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Burkhalter, Carl)
September 27, 2017 Filing 1581 NOTICE of Informative Motion regarding Hurricane Maria by Triple-S Salud, Inc. (Pabon Rico, Gustavo) Modified on 9/27/2017 (ASL).
September 26, 2017 Opinion or Order Filing 1580 ORDER - Due to the number of items anticipated on the agenda for the October 5, 2017 status conference, the order setting the October 5, 2017 status conference is AMENDED as follows: this case has been SET for a status conference at 1:00 p.m. on Wednesday, October 4, 2017, and continuing at 9:00 a.m. on Thursday, October 5, 2017. Both sessions will take place in Courtroom 7A; The Special Master will provide call in numbers for the conference. On or before Friday, September 29, 2017, the parties SHALL submit a joint report containing a proposed agenda and schedule for items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 9/26/2017. (KAM)
September 26, 2017 Filing 1579 NOTICE of Appearance by Charles J Cooper on behalf of Plaintiffs' Counsel (Cooper, Charles)
September 26, 2017 Filing 1578 RESPONSE in Opposition re #1563 MOTION to Compel Oustanding Data from Non-Party Humana (Subscriber Plaintiffs) Non-Party Humana Inc.'s Opposition to Subscriber Plaintiffs' Motion to Compel Outstanding Data from Non-Party Humana filed by Humana Inc.. (Attachments: #1 Exhibit Exhibit 1)(Turner, Sara)
September 25, 2017 Opinion or Order Filing 1577 ORDER REGARDING CEDARS-SINAI MEDICAL CENTERS RULE 72 OBJECTION TO DISCOVERY ORDER NO. 6 - for the reasons set forth in this order, Cedars-Sinai's Rule 72 Objection to Discovery Order No. 60 #1417 is OVERRULED. Signed by Judge R David Proctor on 9/25/2017. (KAM)
September 22, 2017 Filing 1576 STATUS REPORT Seal Justification for Doc. # 1555, 1556, and 1557 by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Appendix A - Exhibits to Remain Sealed, #2 Appendix B - Exhibits to Unseal, #3 Appendix C - 9/21/2017 MultiPlan Hubbard Affidavit)(Donnell, Sarah)
September 22, 2017 Filing 1575 STATUS REPORT Regarding Post-9/25 Discovery on Behalf of Plaintiffs and Defendants by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
September 22, 2017 Filing 1574 NOTICE of Appearance by Timothy D Battin on behalf of Plaintiffs' Counsel (Battin, Timothy)
September 22, 2017 Opinion or Order Filing 1573 TEXT ORDER-This matter is before the court on the Seal Teams September 22, 2017 Report regarding Plaintiffs' Motion to Compel Blue Cross Blue Shield of Alabama to Produce Certain Retrospective Rate Credit Documents and Exhibits 1, 2 and 3. In light of that Report, the Clerk of the Court is directed to unseal the following documents and/or exhibits: Documents No.1528, 1528-1, 1528-2, and 1528-3. #1528 , [1528-1], [1528-2], and [1528-3]. Signed by Judge R David Proctor on 9/22/2017. (KAM)
September 22, 2017 Opinion or Order Filing 1572 ORDER denying #1542 Sealed Motion- Defendants Motion for Reconsideration of the Courts August 31, 2017 Privilege Ruling. Signed by Judge R David Proctor on 9/22/2017. (KAM)
September 21, 2017 Filing 1571 REPLY to Response to Motion re #1496 MOTION for Protective Order re: Discovery of 61 Non-Alabama Subscriber Plaintiffs filed by Plaintiffs' Counsel. (Hellums, Christopher)
September 21, 2017 Filing 1570 DEFENDANTS' MOTION to Keep Sealed Defendants' Motion for Reconsideration of the Court's August 31, 2017 Privilege Ruling re #1542 SEALED MOTION by Defendants' Counsel. (Laytin, Daniel) Modified on 9/25/2017 (KAM, ).
September 21, 2017 Filing 1569 REPLY to Response to Motion re #1392 MOTION for Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Whatley, Joe)
September 21, 2017 Opinion or Order Filing 1568 DISCOVERY ORDER No. 69 granting in part and denying in part #1528 Sealed Motion to Compel; Subscriber Plaintiffs motion is GRANTED as to this category of document requests, and BCBS-AL is DIRECTED to produce to the Subscribers such documents or other information BCBS-AL used to report or disclose to the Alabama Department of Insurance the formulas, methods, or manner in which the RRC and the RRC renewal credits were calculated for each class member merit group (groups of between 50 to 200 members) from 2009 to 2016; BCBS-AL is DIRECTED to produce such full reports to the Subscribers for the years 2009 to 2016, including any documents showing RRC true-ups during that period; Insofar as there exists a distinct and identifiable set of reports related to the calculation of each groups RRC, the motion to compel is GRANTED, and BCBS-AL is DIRECTED to produce such reports; the Subscriber Plaintiffs may, by October 2, 2017, identify to BCBS-AL the 30 merit groups with the greatest positive RRC in any single year of their choice (noting for BCBS-AL the year from which these merit groups were chosen). By October 20, 2017, BCBS-AL shall produce to the Subscribers such reports or spreadsheets as may exist showing the calculation of the renewal premiums for each of these 30 merit groups in each year from 2009 to 2016; Unless otherwise stated herein, production required by this Order shall be made by October 20, 2017. In all other respects, the motion to compel is DENIED. Signed by Magistrate Judge T Michael Putnam on 9/21/2017. (KAM)
September 21, 2017 Opinion or Order Filing 1567 THIRD AMENDED SCHEDULING ORDER - GRANTING Subscriber Plaintiffs' #1546 MOTION to Continue Class Certification Deadlines ; Fact Discovery shall be completed by 12/1/2017; Class Certification Discovery is due as set out in this order; Motions for class certification and materials in support shall be filed by 1/15/2018; opposition briefs are due by 4/3/2018; reply briefs are due by 5/18/2018; Daubert motions seeking to exclude any class certification expert witness SHALL be filed within seventy-five days of disclosure of the experts report; Damages and Merits Expert Reports and Discovery are due from plaintiffs on 1/31/2018; due from defendants on 4/3/2018; rebuttals from plaintiffs are due on 5/18/2018; Dispositive Motions on issues of Liability and materials in support are due on 4/13/2018; The court will set a pretrial conference at its discretion Signed by Judge R David Proctor on 9/21/2017. (KAM, )
September 21, 2017 Opinion or Order Filing 1566 TEXT ORDER re #1563 MOTION to Compel Oustanding Data from Non-Party Humana. Any response to the Motion is due no later than noon CDT on Tuesday, September 26, 2017. The motion will be heard at the Discovery Status Conference set for Thursday, September 28, 2017. (See Text Order 1519 ). Signed by Magistrate Judge T Michael Putnam on September 21, 2107. (AMP)
September 20, 2017 Filing 1565 STIPULATION of the Provider Plaintiffs and Non-Parties McGriff Seibels & Williams, Inc. and Jed Skeete by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
September 20, 2017 Filing 1564 Transcript of Proceedings held on 9/13/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/11/2017. Redacted Transcript Deadline set for 10/21/2017. Release of Transcript Restriction set for 12/19/2017. (KAM, )
September 20, 2017 Filing 1563 SUBSCRIBER PLAINTIFFS' MOTION to Compel Oustanding Data from Non-Party Humana (Subscriber Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1)(Hellums, Christopher) Modified on 9/25/2017 (KAM, ).
September 19, 2017 Opinion or Order Filing 1562 DISCOVERY ORDER No. 68 - granting #1503 Motion to enforce discovery order no. 8 ; insofar as Plaintiffs are LIMITED to conducting 117 depositions regarding factual discovery. To the extent Plaintiffs wish to conduct additional depositions, Plaintiffs MUST seek leave of the court and show good cause for each additional deposition sought. Signed by Magistrate Judge T Michael Putnam on 9/19/2017. (KAM) Modified on 9/20/2017 (KAM, ).
September 18, 2017 Filing 1561 RESPONSE to Motion re #1546 MOTION to Continue Class Certification Deadlines filed by Defendants' Counsel. (Cottrell, Christa)
September 18, 2017 Filing 1560 Transcript of Proceedings held on September 14, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone number (205) 278-2066. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/9/2017. Redacted Transcript Deadline set for 10/19/2017. Release of Transcript Restriction set for 12/17/2017. (MRR, )
September 18, 2017 Filing 1559 RESPONSE to re #1549 Subscriber and Provider Plaintiffs' List of Witnesses Disclosed by Defendants After August 1, 2016 filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Chart of Plaintiffs' Depositions, #2 Exhibit B - 5/24/2016 Butterfield Email to Yinger)(Cottrell, Christa)
September 18, 2017 Opinion or Order Filing 1558 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by attorney Jacob J. Franz. #1550 The Motion #1550 is GRANTED. The Clerk of the Court is directed to terminate attorney Franz. Signed by Judge R David Proctor on 9/18/20017. (KAM)
September 15, 2017 Filing 1557 ***Document Sealed - Reply is Support of Provider Plaintiffs' Motion for Partial Summary Judgment (Attachments: #1 Exhibit KKKKK, #2 Exhibit LLLLL, #3 Exhibit 48, #4 Exhibit 49, #5 Exhibit 50, #6 Exhibit 51, #7 Exhibit 52, #8 Exhibit MMMMM, #9 Exhibit NNNNN) (KAM,)
September 15, 2017 Filing 1556 ***Document Sealed - Reply in Support of Defendants' Motion for Summary Judgment on Plaintiffs' Section 1, Per Se and Quick Look Claims (Attachments: #1 Exhibit 160, #2 Exhibit 161, #3 Exhibit 162, #4 Exhibit 164) (KAM, )
September 15, 2017 Filing 1555 ***Document Sealed - EVIDENTIARY SUBMISSION in further support of Subscriber Plaintiffs' Motion for Partial Summary Judgment on the application of the per se rule. (Attachments: #1 Exhibit 317, #2 Exhibit 318, #3 Exhibit 319, #4 Exhibit 320, #5 Exhibit 321, #6 Exhibit 322, #7 Exhibit 323, #8 Exhibit 324, #9 Exhibit 325, #10 Exhibit 327, #11 Exhibit 328, #12 Exhibit 329) (KAM) (Additional attachment(s) added on 9/18/2017: #13 Exhibit 326) (KAM, ).
September 15, 2017 Filing 1554 ***Document Sealed - Reply Memorandum of Points and Authorities in Further Support of Subscriber plaintiff's Motion for Partial Summary Judgment on the application of the per se rule (KAM)
September 15, 2017 Filing 1553 REPLY to Response to Motion re #1350 SEALED MOTION Provider Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit KKKKK, #2 Exhibit LLLLL, #3 Exhibit 48, #4 Exhibit 49, Part 1, #5 Exhibit 49, Part 2, #6 Exhibit 49, Part 3, #7 Exhibit 50, #8 Exhibit 51, #9 Exhibit 52, #10 Exhibit MMMMM, #11 Exhibit NNNNN)(Whatley, Joe)
September 15, 2017 Filing 1552 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1348 MOTION for Partial Summary Judgment by Subscriber Plaintiffs filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit List, #2 Exhibit Slip Sheet for Sealed Exhibits 317-329)(Hellums, Christopher)
September 15, 2017 Filing 1551 REPLY to re #1353 Defendants' Motion for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims filed by Defendants' Counsel. (Attachments: #1 Exhibit Index, #2 Exhibit Slip Sheet Regarding Sealed Exhibits, #3 Exhibit 163, #4 Exhibit 165)(Zott, David)
September 15, 2017 Filing 1550 MOTION to Withdraw by Blue Cross and Blue Shield of Alabama. (Franz, Jacob)
September 15, 2017 Filing 1549 STATUS REPORT of List of Witnesses Disclosed by Defendants after August 1, 2016 by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
September 15, 2017 Opinion or Order Filing 1548 TEXT ORDER finding as MOOT #1340 Provider Plaintiffs' Motion to Compel Compliance with Rule 45 by Navigant Consulting, Inc., following the Discovery Telephone Conference held September 14, 2017. Signed by Magistrate Judge T Michael Putnam on September 15, 2017. (AMP)
September 15, 2017 Filing 1547 RESPONSE in Opposition re #1546 MOTION to Continue Class Certification Deadlines (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
September 14, 2017 Filing 1546 MOTION to Continue Class Certification Deadlines by Plaintiffs' Counsel. (Hellums, Christopher)
September 14, 2017 Opinion or Order Filing 1545 TEXT ORDER denying #1535 Plaintiffs' Expedited Motion to Enforce Discovery Order No. 3 (Dkt. # 327) and Continue Deposition of Harvard Pilgrim Health, Inc.,only insofar as the deposition of Harvard Pilgrim SHALL go forward on Tuesday, September 19, 2017, as previously scheduled. Further direction from the court as to the Plaintiffs' Motion to be entered. Signed by Magistrate Judge T Michael Putnam on September 14, 2017. (AMP)
September 14, 2017 Opinion or Order Filing 1544 ORDER re Defendants' #1503 MOTION to Enforce Discovery Order No. 8. Plaintiffs are DIRECTED to file with the Court, by no later than noon CDT on Friday, September 15, 2017, a list of witnesses disclosed after August 1, 2016, in the accelerated Alabama actions. Defendants shall have until noon CDT on Monday, September 18, 2017, to notify the Court of any objections to the Plaintiffs' list. Signed by Magistrate Judge T Michael Putnam on 9/14/2017. (JLC)
September 14, 2017 Opinion or Order Filing 1543 TEXT ORDER - This matter is before the court on Subscriber Plaintiffs' Motion for a Protective Order and Related Relief as to BCBS-AL's Contacts with Class Members. #1515 Oral argument on this Motion will be heard by the undersigned at the October 5, 2017 Status Conference. The court adopts the parties' proposed briefing schedule: Defendant BCBS-AL's response is due on or before 12:00 noon on September 27, 2017; any reply by Subscriber Plaintiffs is due on or before 12:00 noon on October 3, 2017. Signed by Judge R David Proctor on 9/14/2017. (KAM)
September 14, 2017 Filing 1542 SEALED MOTION - Defendants' MOTION for RECONSIDERATION of the Court's August 31, 2017 Privilege Ruling. (KAM)
September 14, 2017 Filing 1541 RESPONSE to re #1517 Response to Subscriber Plaintiffs' Amended Status Report on Structured Data for Anthem, BCBSFL, and BCBSMA filed by Defendants' Counsel. (Hoover, Craig)
September 14, 2017 Filing 1540 Opposition to re #1535 Plaintiffs' Expedited Motion to Enforce Discovery Order No. 3 and Continue Deposition of Harvard Pilgrim Health Care Inc. filed by Defendants' Counsel. (Campbell, Andrew)
September 14, 2017 Filing 1539 RESPONSE in Opposition re #1496 MOTION for Protective Order re: Discovery of 61 Non-Alabama Subscriber Plaintiffs filed by Defendants' Counsel. (Campbell, Andrew)
September 14, 2017 Opinion or Order Filing 1538 TEXT ORDER re #1535 MOTION to Enforce Discovery Order 3 and Continue Deposition of Harvard Piligrim Health Care, Inc. filed by Plaintiffs' Liaison Counsel. Any interested party may respond to this motion by no later than 11:00 CDT on Friday, September 15, 2017. The Clerk is DIRECTED to serve a copy of this motion on Michelle Visser, counsel for Harvard Pilgrim Health Care Inc., at electronic mail address Michelle.Visser@ropesgray.com. Signed by Magistrate Judge T Michael Putnam on September 14, 2017. (AMP)
September 14, 2017 Filing 1537 RESPONSE to re #1517 Wellmark's Response to Subscriber Plaintiffs' Amended Status Report on Structured Data filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 8/28/17 D. Bossier Email to A. Salomon, #2 Exhibit B - 4/18/17 A. Salomon Letter to D. Bossier)(Laytin, Daniel)
September 14, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 9/14/2017. (Court Reporter Julie Martin) (ASL)
September 13, 2017 Filing 1536 Opposition to Subscriber Plaintiffs' Motion to Compel Relating to Retrospective Rate Credits filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Priester, James)
September 13, 2017 Filing 1535 MOTION to Enforce Discovery Order 3 and Continue Deposition of Harvard Piligrim Health Care, Inc. by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ragsdale, Barry)
September 13, 2017 Filing 1534 STATUS REPORT on Plaintiffs' Depositions and Accompanying Memorandum by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit A - Chart of Plaintiffs' Depositions)(Cottrell, Christa)
September 13, 2017 Filing 1533 STATUS REPORT with Updated List of Plaintiffs' Depositions Pursuant to the Court's September 8, 2017 Order by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
September 13, 2017 Filing 1532 Transcript of Proceedings held on September 12, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone number (205) 278-2066. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/4/2017. Redacted Transcript Deadline set for 10/14/2017. Release of Transcript Restriction set for 12/12/2017. (MRR, )
September 13, 2017 Minute Entry for proceedings held before Judge R David Proctor: Seal Team Status Conference held on 9/13/2017. (Court Reporter Leah Turner.) (KLL)
September 12, 2017 Filing 1531 MOTION to Compel Blue Cross Blue Shield of Alabama to Produce Certain Retrospective Rate Credit Documents by Subscriber and Provider Plaintiffs. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry) Modified on 9/25/2017 (KAM, ). Modified on 9/27/2017 (ASL).
September 12, 2017 Filing 1530 RESPONSE to re #1517 Excellus' Response to Subscriber Plaintiffs' Amended Status Report on Structured Data filed by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Clark, Anna)
September 12, 2017 Opinion or Order Filing 1529 DISCOVERY ORDER No. 67 - granting #1518 Motion to Continue; Subscriber Plaintiffs shall have until the week of October 2, 2017, to complete the deposition of Brian Edwards. Signed by Magistrate Judge T Michael Putnam on 9/12/2017. (KAM)
September 12, 2017 Filing 1528 SEALED MOTION - Subscriber and Provider plaintiffs' MOTION to COMPEL Blue Cross Blue Shield of Alabama to produce certain retrospective rate credit documents. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(KAM)
September 12, 2017 Filing 1527 Opposition to and Motion to Strike, Plaintiffs' Motion to Continue the Deposition of Brian Edwards filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
September 12, 2017 Filing 1526 NOTICE by Plaintiffs' Counsel re #1518 MOTION to Continue Depositions of Marshall Morrisette and Brian Edwards Supplement to Motion (Hellums, Christopher)
September 12, 2017 Opinion or Order Filing 1525 ORDER UNSEALING CERTAIN DOCUMENTS - This matter is before the court on (1) various Motions from the parties (and one non-party) to maintain the seal on certain documents filed with the court under seal (Docs. #1390 , #1415 , #1446 , #1475 , #1495 , #1497 , #1498 and #1500 ), (2) the Seal Teams September 1, 2017 Report regarding sealed exhibits to the parties initial Standard of Review briefing, and (3) Defendants Reconsideration of Exhibits to Keep Sealed #1506 ; In light of the Seal Teams September 1, 2017 Report, the Clerk of the Court is directed to unseal the following documents and/or exhibits:Document 1349-5;Document 1349-22;Document 1349-29;Document 1349-31;Document 1349-39;Document 1350-11 through Document 1350-14;Document 1350-19 through Document 1350-24;Document 1350-27;Document 1350-29;Document 1350-31;Document 1350-34 through Document 1350-58;Document 1352-14 through Document 1352-38;Document 1352-40;Document 1352-129 through Document 1352-163;Document 1352-182;Document 1352-207- 1352-210; Document 1352-212;Document 1352-214;Document 1352-228;Document 1352-229. Signed by Judge R David Proctor on 9/12/2017. (KAM)
September 12, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 9/12/2017. (Court Reporter Julie Martin) (ASL)
September 11, 2017 Filing 1524 RESPONSE to re #1491 Aetna, Inc.'s Response to Defendants' Seal Justifications to Keep Sealed Certain Trade Secret Exhibits to the Standard of Review Response Briefs (D.E. 1491) filed by AETNA, Inc.. (Attachments: #1 Exhibit A)(Wells, H)
September 11, 2017 Filing 1523 RESPONSE to re #1491 Defendants' Request to Maintain Seal filed by Plaintiffs' Counsel. (Stokes, Tammy)
September 11, 2017 Filing 1522 STIPULATION of the Provider Plaintiffs and Non-Parties McGriff Seibels & Williams, Inc. and Jed Skeete by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
September 11, 2017 Opinion or Order Filing 1520 TEXT ORDER re #1518 Motion to Continue the Depositions of Marshall Morrisette and Brian Edwards. Any response to the motion is due no later than 1:00 p.m. CDT. A Telephone Hearing on the motion is SET for Tuesday, September 12, 2017, at 3:00 p.m. CDT before Magistrate Judge T Michael Putnam. Court reporter to be present. Parties are directed to attend the conference by dialing 888-636-3807 and entering access code 3676046. Signed by Magistrate Judge T Michael Putnam on September 11, 2017. (AMP)
September 11, 2017 Opinion or Order Filing 1519 TEXT ORDER. The Status Conference SET by Discovery Order No. 1 (doc. 229) shall be held on Thursday, September 28, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on September 11, 2017. (AMP)
September 11, 2017 Filing 1518 MOTION to Continue Depositions of Marshall Morrisette and Brian Edwards by Plaintiffs' Counsel. (Hellums, Christopher)
September 11, 2017 Filing 1517 STATUS REPORT on Structured Data (Subscriber Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
September 8, 2017 Filing 1521 ***Document Sealed - Notice of filing Subscriber Plaintiffs Unredacted version of their Motion for Protective order and related relief as to BCBS-AL's Contacts with class members and Exhibit D (Attachments: #1 unredated motion, #2 Exhibit D) (KAM)
September 8, 2017 Filing 1516 Transcript of Proceedings held on 9/7/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/9/2017. Release of Transcript Restriction set for 12/7/2017. (Attachments: #1 certification page) (KAM, )
September 8, 2017 Filing 1515 SUBSCRIBER PLAINTIFFS' MOTION for Protective Order Subscriber Plaintiffs' Motion for Protective Order and Related Relief as to BCBS-AL's Contacts With Class Members by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Sealed), #5 Exhibit E)(Ragsdale, Barry) Modified on 9/25/2017 (KAM, ).
September 8, 2017 Filing 1514 REPLY to re #1490 in Support of Rule 72 Objection to Discovery Order No. 60 filed by Cedars-Sinai Medical Center. (Attachments: #1 Exhibit A)(Brady, P)
September 8, 2017 Filing 1513 NOTICE by Plaintiffs' Counsel Withdrawal of Appearance (Lyons, Michael)
September 8, 2017 Opinion or Order Filing 1512 ORDER re #1503 MOTION Defendants' Motion to Enforce Discovery Order No. 8 filed by Defendants' Counsel ; the parties are directed to produced by 2:00 p.m. on Wednesday, 9/13/2017, an updated "Chart of Plaintiffs' Depositions" informing the court of how many depositions plaintiffs have completed. Signed by Magistrate Judge T Michael Putnam on 9/8/2017. (KAM, )
September 7, 2017 Opinion or Order Filing 1511 DISCOVERY ORDER No. 66 GRANTING IN PART and DENYING IN PART #1410 SEALED MOTION to Compel Prime Therapeutics LLC to Produce Documents and redacted version #1409 MOTION to Compel Subscriber Plaintiffs' Motion to Compel Prime Therapeutics LLC to Produce Documents. Signed by Magistrate Judge T Michael Putnam on 9/7/2017. (JLC)
September 7, 2017 Filing 1510 NOTICE by Prime Therapeutics LLC re #1410 SEALED MOTION of Filing of [Proposed] Order (Attachments: #1 Exhibit A)(Lembke, Matthew)
September 7, 2017 Filing 1509 RESPONSE to re #1508 by Certain Defendants' filed by Blue Cross Blue Shield of Arizona, HealthNow New York, Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York, Bluie Cross of Idaho Health Service, Inc., Blue Cross and Blue Shield of Nebraksa, Blue Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of Wyoming. (Sooy, Kathleen)
September 7, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 9/7/2017. (Court Reporter Teresa Roberson) (AVC)
September 6, 2017 Filing 1508 STATUS REPORT on Structured Data (Subscriber Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
September 6, 2017 Filing 1507 RESPONSE in Opposition re #1503 MOTION Defendants' Motion to Enforce Discovery Order No. 8 filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 6, 2017 Filing 1506 STATUS REPORT Defendants' Reconsideration of Exhibits to Keep Sealed From the Standard of Review Opening Briefs #1387 #1459 by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
September 6, 2017 Opinion or Order Filing 1505 DISCOVERY ORDER No. 65 DENYING #1424 MOTION to Quash Subpoenas, GRANTING IN PART and DENYING IN PART #1422 MOTION to Compel. Accordingly, the Subscriber Plaintiffs' #1422 MOTION to Compel is GRANTED to the limited extent that BCBS-AL and its non-charity subsidiaries shall produce to the Subscriber Plaintiffs, by October 2, 2017, one paper or electronic version of every contract entered into between BCBS-AL and any non-charity subsidiary in the years 2008 and 2013 only. In all other respects the motion to compel is DENIED. Signed by Magistrate Judge T Michael Putnam on 9/6/2017. (JLC)
September 6, 2017 Filing 1504 NOTICE of Appearance by Jason M Knott on behalf of Plaintiffs' Counsel (Knott, Jason)
September 6, 2017 Filing 1503 MOTION Defendants' Motion to Enforce Discovery Order No. 8 by Defendants' Counsel. (Attachments: #1 Exhibit A Chart of Plaintiff Depositions)(Cottrell, Christa)
September 5, 2017 Opinion or Order Filing 1502 TEXT ORDER; This matter is before the court on the Seal Team's recent report regarding proposed modifications to the court's seal process. That report contained a request by Plaintiffs' Seal Team representative(s) for a conference with the court regarding the seal process. A conference with Seal Team members (only) is SET for 10:00 am on Wednesday, September 13, 2017. If at least one Seal Team member from each side cannot attend in person, the Seal Team members SHALL confer and notify chambers of alternative dates and times for the conference. Signed by Judge R David Proctor on 9/5/2017. (JLC)
September 5, 2017 Filing 1501 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1410 SEALED MOTION of Filing Amended [Proposed] Order Re Motion to Compel Prime Therapeutics LLC to Produce Documents (Attachments: #1 Exhibit A)(Ragsdale, Barry)
September 5, 2017 Filing 1500 MOTION to Seal Motion to Keep Sealed Subscriber Plaintiffs' Statement in Support of Plaintiffs' Motion to Compel (1) Prime Therapeutics and (2) BCBSAL and its Subsidiaries by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
September 5, 2017 Opinion or Order Filing 1499 DISCOVERY ORDER No. 64 GRANTING #1345 SEALED MOTION to Enforce Discovery Order No. 44 as set out herein. Signed by Judge R David Proctor on 9/5/2017. (JLC)
September 1, 2017 Filing 1498 MOTION to Seal Subscriber Plaintiffs' Request to Maintain Seal on Certain Documents Relating to their Opposition to the Defendants' Motion for Summary Judgment on Standard of Review by Plaintiffs' Counsel. (Guin, David)
September 1, 2017 Filing 1497 MOTION to Seal Certain Exhibits to Provider Plaintiffs' Response to Defendants' Motion for Summary Judgement by VIVA Health Inc.. (Ezelle, Jay)
September 1, 2017 Filing 1496 SUBSCRIBER PLAINTIFFS' MOTION for Protective Order re: Discovery of 61 Non-Alabama Subscriber Plaintiffs by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Hellums, Christopher) Modified on 9/25/2017 (KAM, ).
September 1, 2017 Filing 1495 MOTION to Seal Provider Plaintiffs' Request to Maintain the Seal on Certain Documents Relating to Their Opposition to the Defendants' Motion for Summary Judgment by Plaintiffs' Counsel. (Brown, W)
September 1, 2017 Opinion or Order Filing 1494 ORDER - due to a conflict with the court's schedule, the Discovery Telephone Conference set for 9/7/2017 at 3:00 p.m. is RESET to the same day at 11:00 AM before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on 9/1/2017. (KAM)
September 1, 2017 Opinion or Order Filing 1493 TEXT ORDER - This matter is before the court on the Motion of DCH Health Care Authority to Seal Certain Exhibits. #1486 The Motion seeks to retain the seal on relevant portions of DCH's corporate representative's deposition which were designated by DCH counsel as Confidential-Outside Counsel Only and filed by Defendants in opposition to Plaintiffs Motions for Partial Summary Judgment. [1433-14] The relevant portions of the deposition contain non-public, confidential information that could be of substantial value to DCHs competitors. Because DCH is a non-party, and because none of the parties object to the request for the deposition to remain under seal, the Motion of DCH Health Care Authority to Seal Certain Exhibits #1486 is GRANTED. The Deposition of DCH Health Care Authority's Rule 30(b)(6) representative Nina Dusang [1433-14] will remain under seal. Signed by Judge R David Proctor on 9/1/2017. (KAM)
September 1, 2017 Filing 1492 Transcript of Proceedings held on 8/31/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/22/2017. Redacted Transcript Deadline set for 10/2/2017. Release of Transcript Restriction set for 11/30/2017. (Attachments: #1 certification page) (KAM, )
September 1, 2017 Filing 1491 STATUS REPORT Seal Justification for Doc. # 1431, 1432, 1433, 1435, and 1436 by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Appendix A - Exhibits to Unseal, #2 Appendix B - Exhibits to Remain Sealed)(Zott, David)
September 1, 2017 Filing 1490 RESPONSE to re #1417 Cedars-Sinai Medical Center's Rule 72 Objection to Discovery Order No. 60 filed by Defendants' Counsel. (Cottrell, Christa)
September 1, 2017 Opinion or Order Filing 1489 TEXT ORDER-This matter is before the court on a request from Blue Cross Blue Shield of Michigan to unseal its Motion to Compel Provider Plaintiffs to Answer Discovery Requests #1463 , including the exhibits thereto. No request was made to keep the document sealed, and the Blues' seal team representative is apparently in agreement that the document should be unsealed. Therefore, the Clerk of the Court is directed to UNSEAL Document 1463 #1463 , and its exhibits. Signed by Judge R David Proctor on 9/1/2017. (KAM, )
September 1, 2017 Opinion or Order Filing 1488 SUPPLEMENT TO QUALIFIED PROTECTIVE ORDER #550 . Signed by Magistrate Judge T Michael Putnam on 9/1/2017. (KAM, )
September 1, 2017 Filing 1487 NOTICE by Prime Therapeutics LLC re #1474 Response in Opposition to Motion of Filing Signed Amended Declaration of Kyle Brua (Attachments: #1 Exhibit A)(Lembke, Matthew)
September 1, 2017 Filing 1486 MOTION to Seal of DCH Health Care Authority by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Tompkins, Terri)
August 31, 2017 Opinion or Order Filing 1485 MEMORANDUM OPINION AND ORDER granting #1395 Sealed Motion Subscriber and Provider Plaintiffs Motion Challenging Assertion of Privilege over Document Produced by Defendant BSC; denying #1401 Sealed Motion Plaintiffs Motion Challenging BCBS-KSs Clawback of November 11, 2011 Blue Caucus Antitrust Compliance Document. Signed by Judge R David Proctor on 8/31/2017. (KAM)
August 31, 2017 Filing 1484 NOTICE by Prime Therapeutics LLC re #1474 Response in Opposition to Motion of Filing Amended Declaration of Kyle Brua (Attachments: #1 Exhibit A)(Lembke, Matthew)
August 31, 2017 Filing 1483 NOTICE of Appearance by Luther M Dorr, Jr on behalf of Blue Cross and Blue Shield of Alabama (Dorr, Luther)
August 31, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 8/31/2017. (Court Reporter Teresa Roberson) (ASL)
August 30, 2017 Filing 1482 RESPONSE in Opposition re #1392 MOTION for Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider Plaintiffs) filed by Anthem, Inc.. (Attachments: #1 Exhibit Index and Exhibits 1 and 2)(Hoover, Craig)
August 30, 2017 Filing 1481 RESPONSE in Opposition re #1392 MOTION for Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider Plaintiffs) filed by Defendants' Counsel. (Zott, David)
August 30, 2017 Opinion or Order Filing 1480 DISCOVERY ORDER No. 63 granting in part and denying in part #1426 Sealed Motion to compel. Signed by Magistrate Judge T Michael Putnam on 8/30/2017. (KAM)
August 30, 2017 Filing 1479 RESPONSE to re #1468 Plaintiffs' Status Report Regarding Third-Party Subpoenas filed by Blue Cross Blue Shield Michigan. (Campbell, Andrew)
August 30, 2017 Filing 1478 Brief re #1477 MOTION for Protective Order ("Defendants' Motion To Supplement The Qualified Protective Order To Correct An Inadvertent Typographical Error") ("Defendants' Brief In Support Of Their Motion To Supplement The Qualified Protective Order To Correct An Inadvertent Typographical Error") filed by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Attachments: #1 Text of Proposed Order)(Kennedy, Lauren)
August 30, 2017 Filing 1477 MOTION for Protective Order ("Defendants' Motion To Supplement The Qualified Protective Order To Correct An Inadvertent Typographical Error") by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Kennedy, Lauren)
August 30, 2017 Filing 1476 NOTICE by Prime Therapeutics LLC re #1474 Response in Opposition to Motion of Filing Signed Declaration of Kyle Brua (Attachments: #1 Exhibit A)(Lembke, Matthew)
August 29, 2017 Filing 1475 MOTION to Seal BCBSAL's Motion to Keep Sealed Certain Portions of Subscriber Plaintiffs' Opposition to BCBSAL's Motion to Quash Document Subpoenas to Subsidiaries by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
August 28, 2017 Filing 1474 RESPONSE in Opposition re #1410 SEALED MOTION Subscriber Plaintiffs' Motion to Compel Prime Therapeutics LLC to Produce Documents filed by Prime Therapeutics LLC. (Attachments: #1 Exhibit A)(Lembke, Matthew)
August 28, 2017 Filing 1473 Opposition to Subscriber Plaintiffs' Motion to Compel Relating to Prime Therapeutics, Inc. filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A)(Priester, James)
August 28, 2017 Filing 1472 CERTIFICATE OF SERVICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale, Barry)
August 28, 2017 Filing 1471 ***Document Sealed - Subscriber Plaintiffs' Statement in Support of Plaintiffs' MOTIONS To COMPEL (1) Prime Therapeutics and (2) Blue Cross Blue Shield of Alabama and its subsidiaries (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM, )
August 28, 2017 Opinion or Order Filing 1470 DISCOVERY ORDER NO. 62 re: #1413 Motion to Compel; re: #1414 Motion for Protective Order ;documents associated with these witnesses includes only those documents BCBS-AL intends to offer into evidence through their testimony. Such documents shall be produced to the plaintiffs as soon as possible, but not later than September 15, 2017. Signed by Magistrate Judge T Michael Putnam on 8/28/2017. (KAM, )
August 28, 2017 Filing 1469 Transcript of Proceedings held on August 24, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/18/2017. Redacted Transcript Deadline set for 9/28/2017. Release of Transcript Restriction set for 11/26/2017. (KAM, )
August 28, 2017 Filing 1468 STATUS REPORT Regarding Third Party Subpoenas by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
August 25, 2017 Opinion or Order Filing 1467 ORDER Parties interested in obtaining OptumInsight, Inc.s (Optum) archived data from the 2007-2009 time period are DIRECTED to inform the court, during the Discovery Telephone Conference to be held on August 31, 2017, whether they prefer to have an outside vendor or the Optum/HCCI team compile the documents for production. Counsel for Optum also is DIRECTED to attend the Discovery Telephone Conference on August 31, 2017, to discuss the pending issues. Signed by Magistrate Judge T Michael Putnam on 8/25/17. (SAC )
August 25, 2017 Opinion or Order Filing 1466 TEXT ORDER finding as moot #1411 Sealed Motion - Subscriber Plaintiffs' Motion to Compel Defendants to Provide Answers to Interrogatory No. 9. Subscriber Plaintiffs confirmed at the Discovery Conference held August 24, 2017, that the motion is MOOT. Signed by Magistrate Judge T Michael Putnam on August 25, 2017. (AMP)
August 25, 2017 Filing 1465 ***FILED UNDER SEAL*** STATUS REPORT REGARDING OPTUMINSIGHT, INC. DATA. (Attachments: #1 Exhibit 1) (JLC)
August 24, 2017 Opinion or Order Filing 1464 ORDER granting in part and denying in part #1457 Motion for Extension of Time to File Response/Reply ; the parties' reply briefs on the standard of review SHALL be filed by 9/15/2017; the parties' request concerning the deadline for filing class certification motions are DENIED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 8/24/2017. (KAM)
August 24, 2017 Filing 1463 DEFENDANTS' SEALED MOTION - MOTION to COMPEL Provider Plaintiffs' to Answer Discovery Requests filed by Defendant Blue Cross Blue Shield of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(KAM) Modified on 9/25/2017 (KAM, ).
August 24, 2017 Minute Entry for proceedings held before Judge R David Proctor and Magistrate Judge T Michael Putnam: Discovery Status Conference held on 8/24/2017; Motions #1395 , #1401 , #1457 , #1411 , #1413 , #1422 , #1424 , #1426 , arguments by counsel; hrg adj (Court Reporter Teresa Roberson) (ASL)
August 23, 2017 Opinion or Order Filing 1462 ORDER approving the Special Master invoice for payment for services rendered and expenses incurred from 7/1/2017 - 7/31/2017 as it relates for both sides totally $5,500.00. Signed by Judge R David Proctor on 8/23/2017. (KAM, )
August 23, 2017 Opinion or Order Filing 1461 ORDER Approving Special Master Invoice for Payment for expenses occurred 7/1/2017 - 7/31/2017 solely to services provided to the plaintiffs totally $45,000.00 to be disbursed as set out in this order. Signed by Judge R David Proctor on 8/23/2017. (KAM, )
August 23, 2017 Filing 1460 ***Document Sealed - Notice of filing Exhibit in support of Blue Cross and Blue Shield of Alabama's Corrected OPPOSITION to Provider Plaintiffs' MOTION to COMPEL production of financial information (Attachments: #1 Exhibit 2) (KAM)
August 23, 2017 Opinion or Order Filing 1459 ORDER - On or before September 1, 2017, the Seal Team SHALL meet and confer on these issues and provide the court with recommendations for improving the process. If the Seal Team desires a conference with the court on those issues, that should be reflected in the report. Signed by Judge R David Proctor on 8/23/2017. (KAM)
August 23, 2017 Filing 1458 RESPONSE to re #1457 Defendants' Motion for An Extension of Time to File Reply Briefs Regarding Standard of Review (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
August 23, 2017 Filing 1457 MOTION for Extension of Time to File Response/Reply as to #1431 Document Sealed, #1435 Document Sealed, Regarding Standard of Review by Defendants' Counsel. (Zott, David)
August 23, 2017 Filing 1456 Opposition to CORRECTED Opposition to Provider Plaintiffs' Motion to Compel Production of Financial Documents filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burkhalter, Carl)
August 23, 2017 Filing 1455 Opposition to CORRECTED Opposition to Subscriber Plaintiffs' Motion to Compel Documents Belonging to Subsidiaries and Affiliates filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burkhalter, Carl)
August 23, 2017 Opinion or Order Filing 1454 ORDER re #1444 Notice (Other) filed by Prime Therapeutics LLC ; The court informed the parties in its order dated August 16, 2017, that the Subscriber Plaintiffs motion directed at Prime Therapeutics would be heard during the telephone conference scheduled for August 31, 2017. #1418 To that end, Prime Therapeutics also will have an opportunity to respond to the Subscriber Plaintiffs Motion to Compel Blue Cross and Blue Shield of Alabama and Its Subsidiaries to Produce Documents during the telephone conference. Signed by Magistrate Judge T Michael Putnam on 8/23/2017. (KAM)
August 23, 2017 Filing 1453 ***Document Sealed - Notice of filing Exhibits in support of Blue Cross and Blue Shield of Alabama's OPPOSITION #1451 to Provider Plaintiffs' MOTION to COMPEL production of financial information (Attachments: #1 Exhibit 2) (KAM)
August 22, 2017 Filing 1452 ***Document Sealed - Subscriber plaintiffs' OPPOSITION to Blue Cross Blue Shield of Alabama's MOTION to QUASH document subpoenas to subsidiaries (Attachments: #1 Exhibit A) (KAM)
August 22, 2017 Filing 1451 Opposition to Provider Plaintiffs' Motion to Compel Production of Financial Documents filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burkhalter, Carl)
August 22, 2017 Filing 1450 Opposition to Subscriber Plaintiffs' Motion to Compel Documents Belonging to Subsidiaries and Affiliates filed by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Burkhalter, Carl)
August 22, 2017 Filing 1449 NOTICE by Plaintiffs' Counsel re #1411 SEALED MOTION Notice of Withdrawal as to Certain Defendants (Hellums, Christopher)
August 22, 2017 Filing 1448 RESPONSE in Opposition re #1424 MOTION to Quash Document Subpoenas to Subsidiaries filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
August 22, 2017 Filing 1447 STATUS REPORT (Subscriber Plaintiffs' Status Report on Discovery Order 56 and Indicator 17E by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
August 22, 2017 Filing 1446 MOTION to Seal BCBSAL's Motion to Keep Sealed Certain Exhibits to Its Motion to Quash and to Plaintiffs' Motions to Compel by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
August 22, 2017 Filing 1444 NOTICE by Prime Therapeutics LLC re #1418 Order,,, (Lembke, Matthew)
August 22, 2017 Opinion or Order Filing 1443 TEXT ORDER - This matter is before the court on Defendants' Partially Unopposed Motion for In Camera Review. #1440 The Motion #1440 is GRANTED. Defendants are directed to submit the referenced documents to the court for in camera review. Signed by Judge R David Proctor on 8/21/2017. (KAM)
August 21, 2017 Filing 1445 ***Document Sealed - OPPOSITION of Blue Cross and Blue Shield of Kansas to plaintiffs' MOTION challenging privilege (KAM)
August 21, 2017 Filing 1442 RESPONSE in Opposition re #1414 MOTION for Protective Order filed by Plaintiffs' Counsel. (Whatley, Joe)
August 21, 2017 Filing 1441 RESPONSE to Motion re #1413 MOTION to Compel /Enforce This Court's Previous Order filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
August 21, 2017 Filing 1440 SEALED MOTION - Partially unopposed MOTION for IN CAMERA REVIEW of documents referenced in Defendants' OPPOSIITON to Subscriber and Provider Plaintiffs' MOTION challenging assertion of privilege over document produced by defendant BSC. (KAM)
August 21, 2017 Filing 1439 ***Document Sealed - Defendants' OPPOSITION to Subscriber and Provider Plaintiffs' MOTION Challenging Assertion of Privilege Over Document Produced by Defendant BSC (KAM)
August 21, 2017 Filing 1438 RESPONSE in Opposition re #1401 SEALED MOTION Challenging Assertion of Privilege filed by Highmark BCBSD Inc., Highmark West Virginia Inc.. (Attachments: #1 Exhibit)(West, Kimberly)
August 21, 2017 Filing 1437 NOTICE by Plaintiffs' Counsel re #1411 SEALED MOTION Notice of Withdrawal as to Certain Defendants (Hellums, Christopher)
August 18, 2017 Filing 1436 ***Document Sealed - Evidentiary Submission for memorandum of points and authorizes in OPPOSITION to defendants' MOTION for SUMMARY JUDGMENT on Section 1, per se and Quick Look Claims AND in SUPPORT of Subscriber plaintiffs' MOTION for PARTIAL SUMMARY JUDGMENT on defendants' "Single Entity' Defense (Attachments: #1 Exhibit 224 part 1, #2 Exhibit 224 part 2, #3 Exhibit 225, #4 Exhibit 226, #5 Exhibit 227, #6 Exhibit 228, #7 Exhibit 229, #8 Exhibit 230, #9 Exhibit 231, #10 Exhibit 232, #11 Exhibit 233, #12 Exhibit 234, #13 Exhibit 235, #14 Exhibit 236, #15 Exhibit 237, #16 Exhibit 238 part 1, #17 Exhibit 238 part 2, #18 Exhibit 239, #19 Exhibit 240, #20 Exhibit 241, #21 Exhibit 242, #22 Exhibit 243, #23 Exhibit 244, #24 Exhibit 245, #25 Exhibit 246, #26 Exhibit 247, #27 Exhibit 248, #28 Exhibit 249, #29 Exhibit 250, #30 Exhibit 251, #31 Exhibit 252 part 1, #32 Exhibit 252 part 2, #33 Exhibit 253, #34 Exhibit 254, #35 Exhibit 255, #36 Exhibit 256, #37 Exhibit 257, #38 Exhibit 258, #39 Exhibit 259, #40 Exhibit 260, #41 Exhibit 261, #42 Exhibit 262, #43 Exhibit 263, #44 Exhibit 264, #45 Exhibit 265, #46 Exhibit 266, #47 Exhibit 267, #48 Exhibit 268, #49 Exhibit 269, #50 Exhibit 270, #51 Exhibit 271, #52 Exhibit 272, #53 Exhibit 273, #54 Exhibit 274, #55 Exhibit 275, #56 Exhibit 276, #57 Exhibit 277, #58 Exhibit 278, #59 Exhibit 279 part 1, #60 Exhibit 279 part 2, #61 Exhibit 279 part 3, #62 Exhibit 279 part 4, #63 Exhibit 280, #64 Exhibit 281, #65 Exhibit 282, #66 Exhibit 283, #67 Exhibit 284, #68 Exhibit 285, #69 Exhibit 286, #70 Exhibit 287, #71 Exhibit 288, #72 Exhibit 289 part 1, #73 Exhibit 289 part 2, #74 Exhibit 290, #75 Exhibit 291, #76 Exhibit 292, #77 Exhibit 293, #78 Exhibit 294, #79 Exhibit 295, #80 Exhibit 296, #81 Exhibit 297, #82 Exhibit 298, #83 Exhibit 299, #84 Exhibit 300, #85 Exhibit 301, #86 Exhibit 302, #87 Exhibit 303, #88 Exhibit 304, #89 Exhibit 305, #90 Exhibit 306, #91 Exhibit 307, #92 Exhibit 308, #93 Exhibit 309, #94 Exhibit 310, #95 Exhibit 311, #96 Exhibit 312, #97 Exhibit 313, #98 Exhibit 314, #99 Exhibit 315, #100 Exhibit 316) (KAM, )
August 18, 2017 Filing 1435 ***Document Sealed - Memorandum of Points and Authorities in OPPOSITION to Defendants' MOTION for SUMMARY JUDGMENT on Section 1, per se, and Quick Look Claims AND in support of Subscriber plaintiffs' MOTION for PARTIAL SUMMARY JUDGMENT on defendants' "Single Entity" Defense (KAM)
August 18, 2017 Filing 1434 SUBSCRIBER PLAINTIFFS' SEALED MOTION - Subscriber Plaintiffs' MOTION for PARTIAL SUMMARY JUDGMENT on Defendants' "SINGLE ENTITY" Defense. (KAM) Modified on 9/25/2017 (KAM, ).
August 18, 2017 Filing 1433 ***Document Sealed - Notice of filing EXHIBITS to Defendants' RESPONSE to Plaintiffs' MOTION FOR PARTIAL SUMMARY JUDGMENT (Attachments: #1 Exhibit 128, #2 Exhibit 131, #3 Exhibit 135, #4 Exhibit 136, #5 Exhibit 137, #6 Exhibit 141, #7 Exhibit 142, #8 Exhibit 144, #9 Exhibit 145, #10 Exhibit 146, #11 Exhibit 147, #12 Exhibit 149, #13 Exhibit 150, #14 Exhibit 159) (KAM, )
August 18, 2017 Filing 1432 ***Document Sealed - Defendants' RESPONSE to Plaintiffs' MOTIONS for PARTIAL SUMMARY JUDGMENT (KAM)
August 18, 2017 Filing 1431 ***Document Sealed - PROVIDER Plaintiffs' RESPONSE to Defendants' MOTION For SUMMARY JUDGMENT (Attachments: #1 Exhibit II, #2 Exhibit 25, #3 Exhibit 26, #4 Exhibit 27, #5 Exhibit 28, #6 Exhibit 29, #7 Exhibit 30, #8 Exhibit 31, #9 Exhibit 32, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 35, #13 Exhibit 36, #14 Exhibit 37, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41) (KAM) (Additional attachment(s) added on 8/30/2017: #19 Exhibit 42 part 1, #20 Exhibit 42 -Part 2, #21 Exhibit 42 Part 3, #22 Exhibit 42 -Part 4, #23 Exhibit 42 Part 5) (KAM, ). (Additional attachment(s) added on 8/30/2017: #24 Exhibit 43, #25 Exhibit 44, #26 Exhibit 45, #27 Exhibit 46, #28 Exhibit 47, #29 Exhibit JJ, #30 Exhibit KK, #31 Exhibit LL, #32 Exhibit MM, #33 Exhibit NN, #34 Exhibit OO, #35 Exhibit PP, #36 Exhibit QQ, #37 Exhibit RR, #38 Exhibit SS, #39 Exhibit TT, #40 Exhibit UU, #41 Exhibit VV, #42 Exhibit WW, #43 Exhibit XX, #44 Exhibit YY, #45 Exhibit ZZ) (KAM, ). (Additional attachment(s) added on 8/30/2017: #46 Exhibit AAA, #47 Exhibit BBB, #48 Exhibit CCC, #49 Exhibit DDD, #50 Exhibit EEE, #51 Exhibit FFF, #52 Exhibit GGG, #53 Exhibit HHH, #54 Exhibit III, #55 Exhibit JJJ, #56 Exhibit KKK, #57 Exhibit LLL, #58 Exhibit MMM, #59 Exhibit NNN, #60 Exhibit OOO, #61 Exhibit PPP, #62 Exhibit QQQ, #63 Exhibit RRR, #64 Exhibit SSS, #65 Exhibit TTT, #66 Exhibit UUU, #67 Exhibit VVV, #68 Exhibit WWW, #69 Exhibit XXX, #70 Exhibit YYY, #71 Exhibit ZZZ) (KAM, ). (Additional attachment(s) added on 10/17/2017: #72 Exhibit AAAA, #73 Exhibit BBBB, #74 Exhibit CCCC, #75 Exhibit DDDD, #76 Exhibit EEEE, #77 Exhibit FFFF, #78 Exhibit GGGG, #79 Exhibit HHHH, #80 Exhibit IIII, #81 Exhibit JJJJ, #82 Exhibit KKKK, #83 Exhibit LLLL, #84 Exhibit MMMM, #85 Exhibit NNNN, #86 Exhibit OOOO, #87 Exhibit PPPP, #88 Exhibit QQQQ, #89 Exhibit RRRR, #90 Exhibit SSSS, #91 Exhibit TTTT, #92 Exhibit UUUU, #93 Exhibit VVVV part 1, #94 Exhibit VVVV part 2, #95 Exhibit VVVV part 3, #96 Exhibit WWWW, #97 Exhibit XXXX, #98 Exhibit YYYY, #99 Exhibit ZZZZ, #100 Exhibit AAAAA, #101 Exhibit BBBBB, #102 Exhibit CCCCC, #103 Exhibit DDDDD, #104 Exhibit EEEEE, #105 Exhibit FFFFF, #106 Exhibit GGGGG, #107 Exhibit HHHHH, #108 Exhibit IIIII, #109 Exhibit JJJJJ) (KAM, ).
August 18, 2017 Filing 1430 NOTICE by Plaintiffs' Liaison Counsel re #1401 SEALED MOTION Notice of Joinder of Challenge to Defendant Highmark's Clawback Request to Plaintiffs' Pending Motion Challenging Assertion of Privilege over Document Produced by Defendant BCBS-KS (Ragsdale, Barry)
August 18, 2017 Filing 1429 RESPONSE to Motion re #1350 SEALED MOTION, #1348 MOTION for Partial Summary Judgment by Subscriber Plaintiffs filed by Defendants' Counsel. (Attachments: #1 Exhibit Index, #2 Exhibit Slip Sheet Regarding Sealed Exhibits, #3 Exhibit 129, #4 Exhibit 130, #5 Exhibit 131, #6 Exhibit 132, #7 Exhibit 133 Part 1, #8 Exhibit 133 Part 2, #9 Exhibit 134, #10 Exhibit 135, #11 Exhibit 138 Part 1, #12 Exhibit 138 Part 2, #13 Exhibit 138 Part 3, #14 Exhibit 138 Part 4, #15 Exhibit 138 Part 5, #16 Exhibit 139 Part 1, #17 Exhibit 139 Part 2, #18 Exhibit 140, #19 Exhibit 143, #20 Exhibit 148, #21 Exhibit 150, #22 Exhibit 151, #23 Exhibit 152, #24 Exhibit 153, #25 Exhibit 154 Part 1, #26 Exhibit 154 Part 2, #27 Exhibit 155, #28 Exhibit 156, #29 Exhibit 157, #30 Exhibit 158)(Zott, David)
August 18, 2017 Filing 1428 ***Document Sealed - NOTICE of filing EXHIBITS under seal in SUPPORT of Blue Cross and Blue Shield of Alabama's Omnibus MOTION to QUASH document subpoenas to Subsidiaries (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3) (KAM, )
August 17, 2017 Filing 1427 SEALED MOTION - Subscriber Plaintiffs' MOTION to COMPEL Blue Cross Blue Shield of Alabama and it subsidiaries to produce documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(KAM)
August 17, 2017 Filing 1426 SEALED MOTION - Provider Plaintiffs' MOTION to COMPEL Blue Cross and Blue Shield of Alabama to produce financial documents. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(KAM, )
August 17, 2017 Filing 1424 MOTION to Quash Document Subpoenas to Subsidiaries by Blue Cross and Blue Shield of Alabama. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4)(Burkhalter, Carl)
August 17, 2017 Filing 1423 NOTICE of Appearance by Casey R Fronk on behalf of Blue Shield of California (Fronk, Casey)
August 17, 2017 Filing 1422 MOTION to Compel Subscriber Plaintiffs' Motion to Compel Blue Cross Blue Shield of Alabama and Its Subsidiaries to Produce Documents by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Ragsdale, Barry)
August 17, 2017 Filing 1421 NOTICE of Appearance by Syndey L Schneider on behalf of Highmark Inc., Highmark West Virginia Inc., Highmark BCBSD Inc. (Schneider, Syndey)
August 16, 2017 Filing 1425 ***Document Sealed - STATUS REPORT regarding Optuminsight, Inc Data (Attachments: #1 Exhibit 1, #2 Exhibit 2) (KAM)
August 16, 2017 Filing 1420 NOTICE by Plaintiffs' Counsel re #1411 SEALED MOTION Notice of Withdrawal as to Certain Defendants (Hellums, Christopher)
August 16, 2017 Filing 1419 Transcript of Proceedings held on August 10, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone number (205) 278-2066. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/6/2017. Redacted Transcript Deadline set for 9/16/2017. Release of Transcript Restriction set for 11/14/2017. (MRR, )
August 16, 2017 Opinion or Order Filing 1418 ORDER the following motions will be heard at the Discovery Status Conference set for 8/24/2017 at 1:00 p.m.; #1395 pla' motion challenging assertion of privilege over document produced by dft BSC; #1401 plas' motion challenging assertion of privilege over document produced by dft BCBS-KS; #1411 subscriber plas' motion to compel; #1413 plas' motion to enforce previous order; #1414 dft BCBS of Alabama's motion for protective order; Any written responses to these motions are due no later than Monday, August 21, 2017, and shall comply with the parameters set out in the Order Amending Discovery Order No. 1 #483 ; #1409 subscriber plas' motion to compel will be heard during the discovery telephone conference on 8/31/2017 at 3:00 p.m.; any response is due by 8/28/2017. Signed by Magistrate Judge T Michael Putnam on 8/16/2017. (KAM, )
August 15, 2017 Filing 1417 APPEAL OF MAGISTRATE JUDGE DECISION to District Court ( Rule 72 Objection to Discovery Order no. 60) by Cedars-Sinai Medical Center re #1393 Order (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Brady, P) Modified 8/16/2017 (KAM)
August 14, 2017 Filing 1416 ***Document Sealed - Subscriber Plaintiffs' OPPOSITION to defendants' request to maintain seal on materials filed in connection with the Parties' Standard of Review Summary Judgment filings (Attachments: #1 App I, #2 App II, #3 App III, #4 App IV, #5 App V) (KAM)
August 14, 2017 Filing 1415 Brief Opposing Seal on Summary Judgment Materials. (Attachments: #1 Appendix I, #2 Appendix II, #3 Appendix III, #4 Appendix IV, #5 Appendix V)(Stokes, Tammy)
August 14, 2017 Filing 1414 MOTION for Protective Order by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
August 14, 2017 Filing 1413 MOTION to Compel /Enforce This Court's Previous Order by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Whatley, Joe)
August 11, 2017 Opinion or Order Filing 1412 DISCOVERY ORDER No. 61 - granting #1053 Motion for Reconsideration; Discovery Order No. 44 is MODIFIED to eliminate any requirement that HCCI produce or procure the production of claims data; rather, that data is now being obtained under a subpoena to OptumInsight. The subpoena to HCCI for claims data is hereby QUASHED. In all other respects Discovery Order No. 44 remains in full force and effect; OptumInsight shall respond, by not later than Friday, August 18, 2017, to the proposals made by Provider Plaintiffs and Defendants for engaging vendors capable of extracting 2007 to 2009 claims data from archival sources at OptumInsight, providing a good faith estimate of the costs it will incur and a timeline for beginning and completing the process of extracting such claims data. Signed by Magistrate Judge T Michael Putnam on 8/11/2017. (KAM)
August 10, 2017 Filing 1411 SEALED MOTION - Subscriber Plaintiffs' motion to compel defendants to provide substantive answers or specific Bates number References to answer interrogatory no. 9. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhbiit D, #5 Exhibit E)(KAM, )
August 10, 2017 Filing 1410 SEALED MOTION - Subscriber Plaintiffs' Motion to Compel Prime Therapeutics LLC to Produce Documents. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(KAM)
August 10, 2017 Filing 1409 MOTION to Compel Subscriber Plaintiffs' Motion to Compel Prime Therapeutics LLC to Produce Documents by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ragsdale, Barry)
August 10, 2017 Opinion or Order Filing 1408 TEXT ORDER - This case is before the court on Subscriber Plaintiffs' amended Sealed Evidentiary Submission in support of their Motion for Partial Summary #1348 . The Clerk is DIRECTED to REMOVE the originally filed exhibits in support of Subscriber Plaintiffs' Motion #1352 and to SUBSTITUTE the reduced size exhibits in the amended submission.Signed by Judge R David Proctor on 8/10/2017. (KAM)
August 10, 2017 Opinion or Order Filing 1407 ORDER re the parties proposed briefing schedule as to #1392 MOTION for Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider Plaintiffs) filed by Plaintiffs' Counsel; the parties request is granted; Any responses in opposition to Provider Plaintiffs motion are due by August 30, 2017; Provider Plaintiffs reply is due by September 21, 2017. Signed by Judge R David Proctor on 8/10/2017. (KAM)
August 10, 2017 Opinion or Order Filing 1406 ORDER the parties' joint request to extend the briefing schedule for the standard of review briefs is GRANTED: The parties responsive briefs are due on August 18, 2017; The parties reply briefs are due on September 1, 2017. Signed by Judge R David Proctor on 8/10/2017. (KAM)
August 10, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 8/10/2017. (Court Reporter Julie Martin) (ASL)
August 9, 2017 Filing 1405 STATUS REPORT Regarding OptumInsight, Inc., Data by Blue Cross Blue Shield Michigan. filed by Blue Cross Blue Shield Michigan (Campbell, Andrew)
August 9, 2017 Opinion or Order Filing 1404 TEXT ORDER-This matter is before the court on the Motion to Withdraw filed on behalf of attorneys James C. Pennington and M. Tae Phillips. #1400 The Motion #1400 is GRANTED. The Clerk of the Court is directed to terminate attorneys Pennington and Phillips. If necessary, the parties are directed to serve any future papers regarding non-party Regions Bank on its registered agent for service of process. Signed by Judge R David Proctor on 8/9/2017. (KAM)
August 9, 2017 Opinion or Order Filing 1403 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, August 24, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on August 9, 2017. (AMP)
August 8, 2017 Opinion or Order Filing 1402 TEXT ORDER-This matter is before the court on the Motion to Withdraw filed on behalf of attorneys James C. Pennington and M. Tae Phillips. #1371 The Motion #1371 is GRANTED. The Clerk of the Court is directed to terminate attorneys Pennington and Phillips. If necessary, the parties are directed to serve any future papers regarding non-party Regions Bank on its registered agent for service of process. Signed by Judge R David Proctor on 8/8/2017. (JLC)
August 8, 2017 Filing 1401 ***FILED UNDER SEAL*** MOTION Challenging Assertion of Privilege Over Document Produced by Defendant BCBS-KS. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(JLC)
August 8, 2017 Filing 1400 MOTION to Withdraw by Regions Bank. (Pennington, James)
August 7, 2017 Opinion or Order Filing 1399 TEXT ORDER GRANTING #1398 MOTION to Withdraw as Attorney. Attorney D Bruce Hoffman terminated. Signed by Judge R David Proctor on 8/7/2017. (JLC)
August 4, 2017 Filing 1398 MOTION to Withdraw as Attorney by Defendants' Counsel. (Hoffman, Donald)
August 4, 2017 Opinion or Order Filing 1397 TEXT ORDER: This matter is before the court on the Provider Plaintiffs' Motion for Partial Summary Judgment Regarding Issues Decided in United States v. Anthem. #1392 Unless the parties otherwise agree on a briefing schedule for the Motion, any response SHALL be filed no later than twenty-one (21) calendar days after the date the Motion was filed. (However, if the due date falls on a weekend or court holiday, the due date shall be the next business day). Any reply SHALL be filed no later than fourteen (14) calendar days after the date on which the responsive brief is filed. Signed by Judge R David Proctor on 8/4/17. (SAC )
August 3, 2017 Filing 1396 Transcript of Proceedings held on 7/27/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/24/2017. Redacted Transcript Deadline set for 9/3/2017. Release of Transcript Restriction set for 11/1/2017. (KAM, )
August 3, 2017 Filing 1395 SEALED MOTION - Subscriber and Provider Plaintiffs' Motion Challenging Assertion of Privilege Over Document Produced by Defendant BSC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(KAM)
August 2, 2017 Opinion or Order Filing 1394 TEXT ORDER - This matter is before the court on the recent Motions and/or Requests to maintain the seal on certain documents recently filed under seal in connection with briefing on the appropriate standard of review. #1387 #1388 #1390 The Clerk of the Court is directed to terminate these Motions/Requests. #1387 #1388 #1390 The parties may respond, and the court will expect the Seal Team's report, pursuant to the Revised Sealing Procedures #758 in due course. Signed by Judge R David Proctor on 8/2/2017. (KAM)
August 1, 2017 Opinion or Order Filing 1393 DISCOVERY ORDER No. 60. Signed by Magistrate Judge T Michael Putnam on 8/1/2017. (KAM)
August 1, 2017 Filing 1392 PROVIDER PLAINTIFFS' MOTION for Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit B - Part 1, #5 Exhibit B - Part 2)(Whatley, Joe) Modified on 9/25/2017 (KAM, ).
August 1, 2017 Opinion or Order Filing 1391 DISCOVERY ORDER NO. 59- granting #1341 Motion to Compel and Discovery Order No. 44 is AMENDED to the extent: Parties wishing to have access to the documents and data produced by Aetna, Humana, and United shall pay, according to their own agreement to split costs, a $100,000.00, good-faith deposit to each of those insurers; Upon payment of the deposit and agreement with the parties on discovery methodology and search terms, Aetna, Humana, and United are DIRECTED to begin making rolling productions. Productions shall be completed by September 1, 2017; in all other respects, the defendants motion is DENIED. Signed by Magistrate Judge T Michael Putnam on 8/1/2017.(KAM)
July 31, 2017 Filing 1390 MOTION to Maintain the Seal on Certain Documents Relating to Motions for Summary Judgment re #1350 SEALED MOTION, #1353 MOTION for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims (Corrected) (Provider Plaintiffs) by Plaintiffs' Counsel. (Brown, W)
July 31, 2017 Filing 1389 MOTION Maintain the Seal on Certain Documents Relating to Motions for Summary Judgment re #1350 SEALED MOTION, #1353 MOTION for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims (Provider Plaintiffs) by Plaintiffs' Counsel. (Brown, W) Corrected version filed -Modified on 8/1/2017 (KAM, ).
July 31, 2017 Filing 1388 MOTION Maintain Seal on Select Exhibits re #1349 Document Sealed,,,, by Plaintiffs' Counsel. (Stokes, Tammy)
July 31, 2017 Filing 1387 MOTION to Keep Sealed Certain Exhibits to the Standard of Review Briefs re #1350 SEALED MOTION, #1348 MOTION for Partial Summary Judgment by Subscriber Plaintiffs, #1353 MOTION for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims by Defendants' Counsel. (Attachments: #1 Appendix A: Exhibits That Defendants Request Remain Sealed)(Zott, David)
July 28, 2017 Opinion or Order Filing 1386 DISCOVERY ORDER no. 58 granting in part and denying in part #1356 Motion to Compel. Signed by Magistrate Judge T Michael Putnam on 7/28/2017. (KAM, )
July 28, 2017 Opinion or Order Filing 1385 ORDER re #1345 SEALED MOTION filed by Plaintiffs' Counsel ; by no later than August 9, 2017, the provider plaintiffs, defendants, and OptumInsight are DIRECTED to file a report (jointly or separately) informing the court whether OptumInsight is capable of calculating and providing, consistent with HIPAA, the duration of time between the date of medical service and the date the service provider was paid for that service by the insurer; Also by August 9, 2017, the provider plaintiffs and defendants, together, will propose to OptumInsight up to three vendors they believe to be capable of extracting from OptumInsights data archives the data at issue for 2007 to 2009. Signed by Magistrate Judge T Michael Putnam on 7/28/2017. (KAM)
July 28, 2017 Filing 1384 NOTICE of Appearance by P Michael Yancey on behalf of Plaintiffs' Counsel (Yancey, P)
July 27, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 7/27/2017: arguments by counsel, re MOTIONS #1053 , #1305 , #1341 , #1345 & #1356 ; hrg adj (Court Reporter Lindy Fuller) (ASL)
July 26, 2017 Filing 1383 STATUS REPORT on Supplemental Disclosures on behalf of Subscriber Plaintiffs by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
July 26, 2017 Opinion or Order Filing 1381 TEXT ORDER re #1378 Motion to Seal Document #1368 Response to Motion, by OptumInsight, Inc. Having reviewed the Motion and the document OptumInsight wishes to place under seal, the court sees no reason to deviate from its general disinclination to seal documents. Accordingly, the Motion of Non-Party OptumInsight, Inc. to Place Doc. 1368 Under Seal is DENIED. Signed by Magistrate Judge T Michael Putnam on July 26, 2017. (AMP)
July 25, 2017 Filing 1382 ***Document Sealed - REPLY OF NON-PARTY OPTUMINSIGHT, INC. TODEFENDANTS RESPONSE TO PROVIDER PLAINTIFFS MOTION TOENFORCE DISCOVERY ORDER NO. 44 OR, IN THE ALTERNATIVE,TO COMPEL OPTUMINSIGHT, INC. TO PRODUCE CLAIMS DATAFOR THE 2007-2009 TIME PERIOD (KAM)
July 25, 2017 Filing 1380 RESPONSE to Motion re #1356 MOTION to Compel Provider Plaintiffs' Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Blue Cross Studies and Data from the Blue Cross Liability Database filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
July 25, 2017 Filing 1379 REPLY to Response to Motion re #1341 MOTION to Compel National Insurers to Produce Documents filed by Defendants' Counsel. (Cottrell, Christa)
July 25, 2017 Filing 1378 MOTION to Seal Document #1368 Response to Motion, by Optuminsight, Inc.. (Robertson, Douglas)
July 25, 2017 Opinion or Order Filing 1377 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT - granting the application of the Special Master for payment for serviced rendered 6/1/2017 - 6/30/2017 as it relates to both sides; the Special Master's application for payment is hereby approved, with: (i) one-half, or $4,750.00, to be paid by the Defendants; and (ii) one-fourth, or $2,375.00, to be paid by the Subscriber Track, and one-fourth, or $2,375.00, to be paid by the Provider Track, from their Common Benefit monies. Signed by Judge R David Proctor on 7/25/2017. (KAM, )
July 25, 2017 Opinion or Order Filing 1376 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT - the application for payment for serviced rendered 6/1/2017 - 6/30/2017 relating solely for services provided to the plaintiffs; payment is hereby approved, with one-half of the billing for common projects, plus the billing that=s specific only to Subscriber Track projects, or $28,850.00, to be paid by the Subscriber Track and one-half of the billing for common projects, plus the billing that=s specific only to Provider Track projects, or $18,850.00, to be paid by the Provider Track, from their Common Benefit monies. Signed by Judge R David Proctor on 7/25/2017. (KAM)
July 24, 2017 Opinion or Order Filing 1375 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed on behalf of attorney John K. Bush. #1371 The Motion #1371 is GRANTED. The Clerk of the Court is directed to terminate attorney John K. Bush. Signed by Judge R David Proctor on 7/24/2017. (KAM)
July 21, 2017 Filing 1374 ***Document Sealed - Opposition of Non-Party Optuminsight, Inc to Provider Plaintiffs' Motion to Enforce Discovery Order No. 44, or, in the alternative, to compel Optuminsignt Inc to produce claims data for the 2007 - 2009 Time Period (KAM)
July 21, 2017 Filing 1373 ***Document Sealed - Non-Party Health Care Cost Institute, Inc's Memorandum of Law in Opposition to Provider Plaintiffs' Motion to Enforce Discovery Order 44, or in the alternative, to compel Optuminsight, Inc to Produce Claims Data for the 2007 - 2009 Time Period (KAM)
July 21, 2017 Filing 1372 NOTICE of Appearance by Christie A Moore on behalf of Humana Inc. (Moore, Christie)
July 21, 2017 Filing 1371 MOTION to Withdraw as Attorney by Humana Inc.. (Turner, Sara)
July 21, 2017 Filing 1370 RESPONSE in Opposition re #1341 MOTION to Compel National Insurers to Produce Documents Opposition of Non-Party Humana Inc. to Certain Defendants' Motion to Compel National Insurers to Produce Documents filed by Humana Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16)(Turner, Sara)
July 21, 2017 Filing 1369 RESPONSE in Support re #1341 MOTION to Compel National Insurers to Produce Documents Provider Plaintiffs' Response In Support of Certain Defendants' Motion to Compel National Insurers to Produce Documents filed by Plaintiffs' Counsel. (Sheehan, Patrick)
July 21, 2017 Filing 1368 RESPONSE to Motion re #1345 SEALED MOTION to Enforce Discovery Order No. 44, or in the alternative, to compel Optuminsight Inc. to Produce Claims Data for the 2007-2009 Time Period filed by Blue Cross Blue Shield Michigan. (Campbell, Andrew)
July 21, 2017 Filing 1367 RESPONSE in Opposition re #1341 MOTION to Compel National Insurers to Produce Documents filed by UnitedHealth Group Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Robertson, Douglas)
July 21, 2017 Filing 1366 REPLY Brief filed by Defendant Defendants' Counsel re: #1305 MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 7/18/2017 Snavely Email to Owen, #2 Exhibit B - 7/20/2017 Owen Letter to Snavely)(Cottrell, Christa)
July 21, 2017 Filing 1365 NOTICE by Plaintiffs' Counsel re #1340 MOTION to Compel Compliance with Rule 45 By Navigant Consulting, Inc. (Provider Plaintiffs) (Brown, W)
July 21, 2017 Filing 1364 RESPONSE to Motion re #1341 MOTION to Compel National Insurers to Produce Documents filed by AETNA, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11)(Wells, H)
July 21, 2017 Filing 1363 RESPONSE to Motion re #1341 MOTION to Compel National Insurers to Produce Documents filed by CIGNA Health and Life Insurance Company. (Weller, Christopher)
July 20, 2017 Filing 1361 NOTICE by Defendants' Counsel re #1305 MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off (Cottrell, Christa)
July 20, 2017 Filing 1360 Transcript of Proceedings held on July 13, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/10/2017. Redacted Transcript Deadline set for 8/20/2017. Release of Transcript Restriction set for 10/18/2017. (MRR, )
July 19, 2017 Filing 1362 ***Document Sealed - Provider Plaintiffs' Notice of Filing Substitute Exhibits (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit F) (KAM)
July 18, 2017 Filing 1359 NOTICE by Adventist Health System Sunbelt Healthcare Corporation, Cedars-Sinai Medical Center, Tenet Healthcare, University of North Carolina Health Care System re #1347 Response in Opposition to Motion,,,, of Filing Signed Declaration and Notice of Correction of Typographical Error (Attachments: #1 Exhibit Revised Ex. 4 - Signed Decl. of S. Trott)(Brady, P)
July 18, 2017 Opinion or Order Filing 1358 TEXT ORDER re #1356 Provider Plaintiffs' Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Blue Cross Cost Studies and Data from the Blue Cross Liability Database. Any response to the Motion is due by July 25, 2017. No reply briefs will be accepted. Oral argument on the Motion will be heard at the Discovery Status Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July 18, 2017. (AMP, )
July 18, 2017 Opinion or Order Filing 1357 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney Erin M. Wilson. #1355 The Motion #1355 is GRANTED. The Clerk of the Court is directed to terminate attorney Erin M. Wilson. Signed by Judge R David Proctor on 7/18/2017. (KAM, )
July 18, 2017 Filing 1356 MOTION to Compel Provider Plaintiffs' Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Blue Cross Studies and Data from the Blue Cross Liability Database by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Whatley, Joe)
July 18, 2017 Filing 1355 MOTION to Withdraw as Attorney by Premera Blue Cross. (Wilson, Erin)
July 18, 2017 Opinion or Order Filing 1354 TEXT ORDER granting #1327 Plaintiffs' Motion to Impose Deadline for BCBSAL to Produce Documents Responsive to Discovery Order No. 41 Search Terms. The Motion is GRANTED insofar as Blue Cross Blue Shield of Alabama shall produce responsive documents by August 9, 2017. Production, however, should be made prior to the deadline where possible. Signed by Magistrate Judge T Michael Putnam on July 18, 2017. (AMP)
July 17, 2017 Filing 1353 DEFENDANTS' MOTION for Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims by Defendants' Counsel. (Attachments: #1 Brief in Support of the Motion, #2 Exhibit Index, #3 Exhibit Slip Sheet Regarding Sealed Exhibits, #4 Exhibit 1 Part 1, #5 Exhibit 1 Part 2, #6 Exhibit 1 Part 3, #7 Exhibit 2 Part 1, #8 Exhibit 2 Part 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7 Part 1, #14 Exhibit 7 Part 2, #15 Exhibit 8, #16 Exhibit 9, #17 Exhibit 10, #18 Exhibit 11, #19 Exhibit 12, #20 Exhibit 13, #21 Exhibit 15 Part 1, #22 Exhibit 15 Part 2, #23 Exhibit 16, #24 Exhibit 17, #25 Exhibit 18, #26 Exhibit 19 Part 1, #27 Exhibit 19 Part 2, #28 Exhibit 20 Part 1, #29 Exhibit 20 Part 2, #30 Exhibit 21, #31 Exhibit 22 Part 1, #32 Exhibit 22 Part 2, #33 Exhibit 22 Part 3, #34 Exhibit 22 Part 4, #35 Exhibit 23, #36 Exhibit 24 Part 1, #37 Exhibit 24 Part 2, #38 Exhibit 25 Part 1, #39 Exhibit 25 Part 2, #40 Exhibit 25 Part 3, #41 Exhibit 25 Part 4, #42 Exhibit 26 Part 1, #43 Exhibit 26 Part 2, #44 Exhibit 26 Part 3, #45 Exhibit 27, #46 Exhibit 28 Part 1, #47 Exhibit 28 Part 2, #48 Exhibit 29, #49 Exhibit 30, #50 Exhibit 31, #51 Exhibit 32, #52 Exhibit 35, #53 Exhibit 36, #54 Exhibit 39, #55 Exhibit 40, #56 Exhibit 46, #57 Exhibit 57, #58 Exhibit 62, #59 Exhibit 63, #60 Exhibit 65, #61 Exhibit 66, #62 Exhibit 68, #63 Exhibit 69, #64 Exhibit 71, #65 Exhibit 73, #66 Exhibit 74, #67 Exhibit 75, #68 Exhibit 76, #69 Exhibit 77, #70 Exhibit 78, #71 Exhibit 80 Part 1, #72 Exhibit 80 Part 1, #73 Exhibit 81, #74 Exhibit 83, #75 Exhibit 84, #76 Exhibit 85, #77 Exhibit 87, #78 Exhibit 89, #79 Exhibit 90, #80 Exhibit 91, #81 Exhibit 94, #82 Exhibit 96, #83 Exhibit 98, #84 Exhibit 99, #85 Exhibit 100, #86 Exhibit 101, #87 Exhibit 102, #88 Exhibit 103, #89 Exhibit 105, #90 Exhibit 106, #91 Exhibit 108, #92 Exhibit 109, #93 Exhibit 111, #94 Exhibit 113, #95 Exhibit 114 Part 1, #96 Exhibit 114 Part 1, #97 Exhibit 115, #98 Exhibit 116, #99 Exhibit 117, #100 Exhibit 118, #101 Exhibit 120, #102 Exhibit 121, #103 Exhibit 126, #104 Exhibit 127)(Zott, David) Modified on 9/25/2017 (KAM, ).
July 17, 2017 Filing 1352 ***Document Sealed - Subscriber Plaintiffs' Evidentiary Submission in support of it's Motion for Partial Summary Judgment on the Application of the Per Se Rule (KAM) (Additional attachment(s) added on 8/14/2017: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #9 Exhibit 6-1, #10 Exhibit 6-2, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28, #33 Exhibit 29, #34 Exhibit 30) (KAM, ). (Additional attachment(s) added on 8/14/2017: #35 Exhibit 31, #36 Exhibit 32, #37 Exhibit 33, #38 Exhibit 34, #39 Exhibit 35, #40 Exhibit 36, #41 Exhibit 37, #42 Exhibit 38-1, #43 Exhibit 38-2, #44 Exhibit 39, #45 Exhibit 40, #46 Exhibit 41, #47 Exhibit 42, #48 Exhibit 43, #49 Exhibit 44, #50 Exhibit 45, #51 Exhibit 46, #52 Exhibit 47, #53 Exhibit 48, #54 Exhibit 49, #55 Exhibit 50, #56 Exhibit 51, #57 Exhibit 52, #58 Exhibit 53, #59 Exhibit 54, #60 Exhibit 55, #61 Exhibit 56, #62 Exhibit 57, #63 Exhibit 58, #64 Exhibit 59, #65 Exhibit 60, #66 Exhibit 61, #67 Exhibit 62, #68 Exhibit 63, #69 Exhibit 64, #70 Exhibit 65, #71 Exhibit 66, #72 Exhibit 67, #73 Exhibit 68, #74 Exhibit 69, #75 Exhibit 70, #76 Exhibit 71, #77 Exhibit 72, #78 Exhibit 73, #79 Exhibit 74, #80 Exhibit 75) (KAM, ). (Additional attachment(s) added on 8/15/2017: #81 Exhibit 76, #82 Exhibit 77, #83 Exhibit 78, #84 Exhibit 79, #85 Exhibit 80, #86 Exhibit 81, #87 Exhibit 82, #88 Exhibit 83, #89 Exhibit 84, #90 Exhibit 85, #91 Exhibit 86, #92 Exhibit 87, #93 Exhibit 88, #94 Exhibit 89, #95 Exhibit 90, #96 Exhibit 91, #97 Exhibit 92, #98 Exhibit 93, #99 Exhibit 94, #100 Exhibit 95, #101 Exhibit 96, #102 Exhibit 97, #103 Exhibit 98, #104 Exhibit 99, #105 Exhibit 100-1, #106 Exhibit 100-2, #107 Exhibit 101, #108 Exhibit 102, #109 Exhibit 103, #110 Exhibit 104, #111 Exhibit 105) (KAM, ). (Additional attachment(s) added on 8/15/2017: #112 Exhibit 106, #113 Exhibit 107, #114 Exhibit 108, #115 Exhibit 109, #116 Exhibit 110, #117 Exhibit 111, #118 Exhibit 112, #119 Exhibit 113, #120 Exhibit 114, #121 Exhibit 115, #122 Exhibit 116, #123 Exhibit 117, #124 Exhibit 118, #125 Exhibit 119, #126 Exhibit 120, #127 Exhibit 121, #128 Exhibit 122, #129 Exhibit 123, #130 Exhibit 124, #131 Exhibit 125, #132 Exhibit 126, #133 Exhibit 127, #134 Exhibit 128, #135 Exhibit 129, #136 Exhibit 130, #137 Exhibit 131, #138 Exhibit 132, #139 Exhibit 133, #140 Exhibit 134, #141 Exhibit 135, #142 Exhibit 136, #143 Exhibit 137, #144 Exhibit 138, #145 Exhibit 139, #146 Exhibit 140, #147 Exhibit 141, #148 Exhibit 142, #149 Exhibit 143, #150 Exhibit 144, #151 Exhibit 145, #152 Exhibit 146, #153 Exhibit 147, #154 Exhibit 148, #155 Exhibit 149, #156 Exhibit 150) (KAM, ). (Additional attachment(s) added on 8/17/2017: #157 Exhibit 151, #158 Exhibit 152, #159 Exhibit 153, #160 Exhibit 154, #161 Exhibit 155, #162 Exhibit 156, #163 Exhibit 157, #164 Exhibit 159, #165 Exhibit 160, #166 Exhibit 161, #167 Exhibit 162, #168 Exhibit 163, #169 Exhibit 164, #170 Exhibit 165, #171 Exhibit 166, #172 Exhibit 167-1, #173 Exhibit 167-2, #174 Exhibit 168, #175 Exhibit 169, #176 Exhibit 170-1, #177 Exhibit 170-2, #178 Exhibit 171, #179 Exhibit 172, #180 Exhibit 173, #181 Exhibit 174, #182 Exhibit 175, #183 Exhibit 176, #184 Exhibit 177, #185 Exhibit 178, #186 Exhibit 179, #187 Exhibit 180, #188 Exhibit 181, #189 Exhibit 182, #190 Exhibit 183, #191 Exhibit 184, #192 Exhibit 185, #193 Exhibit 186, #194 Exhibit 187, #195 Exhibit 188, #196 Exhibit 189, #197 Exhibit 190) (KAM, ). (Additional attachment(s) added on 8/17/2017: #198 Exhibit 191, #199 Exhibit 192, #200 Exhibit 193, #201 Exhibit 194, #202 Exhibit 195, #203 Exhibit 196, #204 Exhibit 197, #205 Exhibit 198, #206 Exhibit 199, #207 Exhibit 200, #208 Exhibit 201, #209 Exhibit 202, #210 Exhibit 203, #211 Exhibit 204, #212 Exhibit 205, #213 Exhibit 206, #214 Exhibit 207, #215 Exhibit 208, #216 Exhibit 209, #217 Exhibit 210, #218 Exhibit 211, #219 Exhibit 212, #220 Exhibit 213, #221 Exhibit 214, #222 Exhibit 215, #223 Exhibit 216, #224 Exhibit 217) (KAM, ). (Additional attachment(s) added on 8/18/2017: #225 Exhibit 218, #226 Exhibit 219, #227 Exhibit 220, #228 Exhibit 221, #229 Exhibit 222, #230 Exhibit 223) (KAM, ).
July 17, 2017 Filing 1351 ***Document Sealed - Subscriber Plaintiffs' Memorandum of Points and Authorities in support of Subscriber Plaintiffs' Motion for Partial Summary Judgment on the Application of the Per Se Rule. (KAM)
July 17, 2017 Filing 1350 PROVIDER PLAINTIFFS' SEALED MOTION - Provider Plaintiffs' Motion for Partial Summary Judgment. (Attachments: #1 Exhibit A, #2 1, #3 2, #4 3, #5 4, #6 5, #7 6, #8 7, #9 8, #10 9, #11 10, #12 11, #13 12, #14 13, #15 14, #16 15, #17 16, #18 17, #19 18, #20 19, #21 20, #22 21, #23 22, #24 23, #25 24)(KAM, ) (Additional attachment(s) added on 7/18/2017: #26 Exhibit B, #27 Exhibit C, #28 Exhibit D, #29 Exhibit E, #30 Exhibit F, #31 Exhibit G, #32 Exhibit H, #33 Exhibit I, #34 Exhibit J, #35 Exhibit K, #36 Exhibit L, #37 Exhibit M, #38 Exhibit N, #39 Exhibit O, #40 Exhibit P, #41 Exhibit Q, #42 Exhibit R, #43 Exhibit S, #44 Exhibit T, #45 Exhibit U, #46 Exhibit V, #47 Exhibit W, #48 Exhibit X, #49 Exhibit Y, #50 Exhibit Z, #51 Exhibit AA, #52 Exhibit BB, #53 Exhibit CC, #54 Exhibit DD, #55 Exhibit EE, #56 Exhibit FF, #57 Exhibit GG, #58 Exhibit HH) (KAM, ). Modified on 9/25/2017 (KAM, ).
July 17, 2017 Filing 1349 ***Document Sealed - Defendant's Brief in support of their Motion for Summary Judgment on plaintiffs' Section 1, Per Se, and Quick Look Claims and Certain Exhibits (Attachments: #1 Exhibit 4, #2 Exhibit 14, #3 Exhibit 32, #4 Exhibit 33, #5 Exhibit 34, #6 Exhibit 37, #7 Exhibit 38, #8 Exhibit 41, #9 Exhibit 42, #10 Exhibit 43, #11 Exhibit 44, #12 Exhibit 45, #13 Exhibit 47, #14 Exhibit 48, #15 Exhibit 49, #16 Exhibit 50, #17 Exhibit 51, #18 Exhibit 52, #19 Exhibit 53, #20 Exhibit 54, #21 Exhibit 55, #22 Exhibit 56, #23 Exhibit 58, #24 Exhibit 59, #25 Exhibit 60, #26 Exhibit 61, #27 Exhibit 64, #28 Exhibit 67, #29 Exhibit 70, #30 Exhibit 72, #31 Exhibit 79, #32 Exhibit 82, #33 Exhibit 86, #34 Exhibit 88, #35 Exhibit 92, #36 Exhibit 93., #37 Exhibit 95, #38 Exhibit 97, #39 Exhibit 104, #40 Exhibit 107, #41 Exhibit 110, #42 Exhibit 112, #43 Exhibit 119, #44 Exhibit 122, #45 Exhibit 123, #46 Exhibit 124, #47 Exhibit 125) (KAM)
July 17, 2017 Filing 1348 SUBSCRIBER PLAINTIFFS' MOTION for Partial Summary Judgment by Subscriber Plaintiffs by Plaintiffs' Counsel. (Hellums, Christopher) Modified on 9/25/2017 (KAM, ).
July 14, 2017 Filing 1347 RESPONSE in Opposition re #1305 MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off and Motion to Quash filed by Adventist Health System Sunbelt Healthcare Corporation, Cedars-Sinai Medical Center, Tenet Healthcare, University of North Carolina Health Care System. (Attachments: #1 Exhibit Ex 1 Owen Declaration, #2 Exhibit Ex 1 - A1, #3 Exhibit Ex 1 - A2, #4 Exhibit Ex 1 - A3, #5 Exhibit Ex 1 - A4, #6 Exhibit Ex 1 - A5, #7 Exhibit Ex 1 - A6, #8 Exhibit Ex 1 - A7, #9 Exhibit Ex 1 - A8, #10 Exhibit Ex 1 - A9, #11 Exhibit Ex 1 - A10, #12 Exhibit Ex 1 - A11, #13 Exhibit Ex 1 - A12, #14 Exhibit Ex 1 - A13, #15 Exhibit Ex 1 - A14, #16 Exhibit Ex 1 - A15, #17 Exhibit Ex 1 - A16, #18 Exhibit Ex 1 - A17, #19 Exhibit Ex 1 - A18, #20 Exhibit Ex 1 - A19, #21 Exhibit Ex 1 - A20, #22 Exhibit Ex 1 - A21, #23 Exhibit Exhibit 2 McCaffery Declaration, #24 Exhibit Exhibit 3 Jordan Declaration, #25 Exhibit Exhibit 4 Trott Declaration, #26 Exhibit Exhibit 5 Ridgell Declaration, #27 Exhibit Exhibit 6 Parrott Declaration)(Brady, P)
July 14, 2017 Opinion or Order Filing 1346 TEXT ORDER re #1345 Provider Plaintiffs' Motion to Enforce Discovery Order No. 44 or, in the Alternative, to Compel OptumInsight, Inc., to Produce Claims Data for the 2007-2009 Time Period. Any response to the motion is due by Friday, July 21, 2017. Movant's reply, if any, is due no later than Tuesday, July 25, 2017. Argument on the motion will be heard at the Discovery Status Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July 14, 2017. (AMP, )
July 14, 2017 Opinion or Order Filing 1344 TEXT ORDER re #1341 Certain Defendants' MOTION to Compel National Insurers to Produce Documents. Any response to the motion is due by Friday, July 21, 2017. Movant's reply, if any, is due no later than Tuesday, July 25, 2017. Argument on the motion will be heard at the Discovery Status Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July 14, 2017. (AMP)
July 14, 2017 Opinion or Order Filing 1343 TEXT ORDER re #1340 Provider Plaintiffs' MOTION to Compel Compliance with Rule 45 By Navigant Consulting, Inc. Any response to the motion is due by Friday, July 21, 2017. Movant's reply, if any, is due no later than Tuesday, July 25, 2017. Argument on the motion will be heard at the Discovery Status Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July 14, 2017. (AMP)
July 14, 2017 Opinion or Order Filing 1342 ORDER granting #1338 Motion for Leave to File Excess Pages; It is ORDERED as follows: (1) The page limit for opening legal standard of review briefs due July 17, 2017 is increased to 50 pages; (2) The page limit for responsive briefs due August 14, 2017 is increased to 50 pages; and (3) The page limit for reply briefs due August 28, 2017 is increased to 20 pages. Signed by Judge R David Proctor on 7/14/2017. (KAM)
July 13, 2017 Filing 1345 SEALED MOTION - PROVIDER PLAINTIFFS MOTION TO ENFORCE DISCOVERY ORDER NO. 44 OR, IN THE ALTERNATIVE, TO COMPEL OPTUMINSIGHT, INC. TO PRODUCE CLAIMS DATA FOR THE 20072009 TIME PERIOD (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(KAM, )
July 13, 2017 Filing 1341 MOTION to Compel National Insurers to Produce Documents by Defendants' Counsel. (Attachments: #1 Exhibit A - Subpoena to Aetna, #2 Exhibit B - 10/14/16 Stenerson Letter to Lipton, #3 Exhibit C - 10/17/16 Stenerson Letter to Bial, #4 Exhibit D - 1/19/17 Stenerson Letter to Lipton, #5 Exhibit E - 6/22/17 Lipton Email to Stenerson, #6 Exhibit F - 6/27/17 McPhie Letter to Stenerson, #7 Exhibit G - 5/30/17 Bush Letter to Stenerson, #8 Exhibit H - 7/10/17 Wilson Email to Stenerson, #9 Exhibit I - 8/9/16 Tompkins Letter to Stenerson)(Cottrell, Christa)
July 13, 2017 Filing 1340 MOTION to Compel Compliance with Rule 45 By Navigant Consulting, Inc. (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Brown, W)
July 13, 2017 Filing 1339 RESPONSE to Motion re #1338 MOTION for Leave to File Excess Pages Plaintiffs' Expedited Motion To Extend Page Limit for Legal Standard of Review Briefs filed by Defendants' Counsel. (Zott, David)
July 13, 2017 Filing 1338 MOTION for Leave to File Excess Pages Plaintiffs' Expedited Motion To Extend Page Limit for Legal Standard of Review Briefs by Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
July 13, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 7/13/2017. (Court Reporter Sabrina Lewis) (ASL)
July 12, 2017 Filing 1337 ANSWER to Complaint with Jury Demand BlueCross BlueShield of Tennessee, Inc.'s Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint by Defendants' Counsel.(DeMasi, Karin)
July 12, 2017 Filing 1336 ANSWER to Complaint Blue Cross and Blue Shield of Alabama's Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint by Blue Cross and Blue Shield of Alabama.(Burkhalter, Carl)
July 12, 2017 Filing 1335 Answer to Consol 4th Amended Complaint ANSWER to Complaint with Jury Demand by Blue Cross Blue Shield Michigan.(Campbell, Andrew)
July 12, 2017 Filing 1334 ANSWER TO Providers' Consoliated Fourth Amended Complaint by Blue Cross Blue Shield Michigan. (Campbell, Andrew) Correcting docket - not a motion) Modified on 7/13/2017 (KAM).
July 12, 2017 Filing 1333 Defendant General Hospitalization and Medical Services, Inc.'s Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Defendants' Counsel.(Norman, Brian)
July 12, 2017 Filing 1332 Defendant CareFirst of Maryland, Inc.'s Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Defendants' Counsel.(Norman, Brian)
July 12, 2017 Filing 1331 Defendant CareFirst, Inc.'s Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Defendants' Counsel.(Norman, Brian)
July 12, 2017 Filing 1330 Blue Shield of California's Answer & Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Blue Shield of California.(West, Kimberly)
July 12, 2017 Filing 1329 Highmark Inc.'s Answer & Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Highmark Inc..(West, Kimberly)
July 12, 2017 Filing 1328 Wellmark's ANSWER to Complaint with Jury Demand (Provider Track's Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Zott, David)
July 12, 2017 Filing 1327 MOTION Plaintiffs' Motion to Impose Deadline For BCBSAL To Produce Documents Responsive To Discovery Order No. 41 Search Terms by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
July 11, 2017 Filing 1326 Transcript of Proceedings held on 7/6/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/9/2017. (Attachments: #1 certification) (KAM, )
July 11, 2017 Filing 1325 Transcript of Proceedings held on June 29, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017. Release of Transcript Restriction set for 10/9/2017. (MRR, )
July 10, 2017 Filing 1324 Premera Blue Cross's Answer and Affirmative Defenses to Consolidated Fourth Amended Provider Complaint ANSWER to Complaint with Jury Demand by Premera Blue Cross.(Payton, Gwendolyn)
July 10, 2017 Filing 1323 ANSWER to Complaint with Jury Demand by Health Care Service Corporation, Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc..(Zeiger, Jeffrey)
July 10, 2017 Filing 1322 Independence Hospital Indemnity Plan, Inc.'s Answer and Affirmative Defenses ANSWER to Complaint with Jury Demand (Provider Track's Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Adcox, Rachel)
July 10, 2017 Filing 1321 Blue Cross and Blue Shield Association's ANSWER to Complaint with Jury Demand (Provider Track's Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Zott, David)
July 7, 2017 Opinion or Order Filing 1320 ORDER OF DISMISSAL in accordance with the stipulation of the parties, the claims of plaintiffs Heritage Medical Partners, LLC, Jon Clifton Crosby, MD and Wini Hamilton DC shall be and are DISMISSED WITHOUT PREJUDICE; the parties to bear their own costs, expenses and atty fees. Signed by Judge R David Proctor on 7/7/2017. (KAM, )
July 7, 2017 Opinion or Order Filing 1319 ORDER granting in part and denying in part #1314 Motion for Disclosure; granting #1315 Motion for Extension of Time. Signed by Magistrate Judge T Michael Putnam on 7/7/2017. (KAM, )
July 6, 2017 Filing 1318 STIPULATION of Dismissal of Claims of Plaintiffs Heritage Medical Partners, LLC; John Clifton Crosby, M.D.; and Wini Hamilton, D.C. Without Prejudice (Joint) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
July 6, 2017 Opinion or Order Filing 1317 DISCOVERY ORDER No. 57 - granting in part and denying in part #1235 Motion to Compel as further set out in this order; finding as moot #1297 Motion to Quash; finding as moot #1298 Motion to Quash. Signed by Magistrate Judge T Michael Putnam on 7/6/2017. (KAM, )
July 6, 2017 Filing 1316 RESPONSE in Opposition re #1314 MOTION for Disclosure Subscriber Plaintiffs' Motion to Require Known Witness Disclosure by July 25, 2017 filed by Defendants' Counsel. (Hoover, Craig)
July 6, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 7/6/2017. (Court Reporter Teresa Roberson) (ASL)
July 5, 2017 Filing 1315 MOTION for Extension of Time to Complete Production of Documents Pursuant to Provider Plaintiffs' Supplemental Search Terms by Blue Cross and Blue Shield of Alabama. (Malatesta, John)
July 5, 2017 Filing 1314 MOTION for Disclosure Subscriber Plaintiffs' Motion to Require Known Witness Disclosure by July 25, 2017 by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
June 30, 2017 Opinion or Order Filing 1313 ORDER Setting Hearing on Motion #1305 MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off :The subpoena targets, Viva Health, Cedars-Sinai Medical Center, Tenet Healthcare, the University of North Carolina Health Care, and Adventist Health System, may respond to the Motion to Compel no later than Friday, July 14, 2017. A reply brief by the moving defendants, if any, is due Friday, July 21, 2017; Motion Hearing set for 7/27/2017 01:00 PM before Magistrate Judge T Michael Putnam.. Signed by Magistrate Judge T Michael Putnam on 6/30/2017. (KAM, )
June 29, 2017 Filing 1312 CERTIFICATE OF SERVICE by Defendants' Counsel re #1305 MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off Filed in Response to #1308 Order (Cottrell, Christa)
June 29, 2017 Opinion or Order Filing 1311 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended, unless otherwise ordered by the court. Signed by Magistrate Judge T Michael Putnam on June 29, 2017. (AMP)
June 29, 2017 Opinion or Order Filing 1310 TEXT ORDER finding as moot #849 Motion to Compel following the Discovery Conference held June 29, 2017. Signed by Magistrate Judge T Michael Putnam on June 29, 2017. (AMP)
June 29, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 6/29/2017: re #1235 , #1297 , #1298 ; argument by counsel; hrg adj (Court Reporter Sabrina Lewis) (ASL)
June 28, 2017 Filing 1309 RESPONSE in Opposition re #1298 MOTION to Quash Provider Plaintiffs' Subpoenas to BCS Insurance Company and BCS Financial Corporation or in the alternative Motion for Protective Order, #1297 MOTION to Quash or Modify Provider Plaintiffs' Subpoenas to BCS Financial Corporation and BCS Insurance Company or, in the Alterntaive, Motion for Protective Order (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
June 28, 2017 Opinion or Order Filing 1308 ORDER Defendants are DIRECTED to certify, by no later than Friday, June 30, 2017, that non-parties who have not appeared in the CM/ECF filing system for this case have been served with the motion. Along with the certification, Defendants are DIRECTED to provide to the court the appropriate service address for the non-parties targeted by the motion and, if the non-parties are represented by counsel, the contact information for the attorney(s) representing the non-parties.Signed by Magistrate Judge T Michael Putnam on 6/28/2017. (KAM)
June 28, 2017 Opinion or Order Filing 1307 ORDER in accordance with the accompanying memo opinion, denying #1187 Motion to Dismiss. Signed by Judge R David Proctor on 6/28/2017. (KAM)
June 28, 2017 Filing 1306 MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/28/2017. (KAM)
June 27, 2017 Filing 1305 DEFENDANTS' MOTION to Compel Third Parties to Respond to Subpoenas Before the Discovery Cut-off by Defendants' Counsel. (Attachments: #1 Exhibit 1 - 6/8/17 Hearing Transcript Excerpt, #2 Exhibit 2 - 12/2/16 Subpoena to Cedars-Sinai, #3 Exhibit 3 - 11/30/16 Subpoena to Tenet Healthcare, #4 Exhibit 4 - 1/31/17 Snavely Email to Owen, #5 Exhibit 5 - 4/13/17 Salomon Letter to Owen, #6 Exhibit 6 - 5/18/17 Salomon Letter to Owen, #7 Exhibit 7 - 6/14/17 Salomon Letter to Owen, #8 Exhibit 8 - 2/29/16 Subpoena to Viva Health, #9 Exhibit 9 - 4/26/17 Salomon Letter to Ezelle)(Cottrell, Christa) Modified on 9/25/2017 (KAM, ).
June 27, 2017 Opinion or Order Filing 1304 ORDER DENYING WITHOUT PREJUDICE Provider Plaintiffs' #1064 MOTION for Order Directing Provider Plaintiffs and Subscriber Plaintiffs to Proceed on Separate Tracks for All Discovery Purposes. Signed by Judge R David Proctor on 6/27/2017. (JLC)
June 27, 2017 Opinion or Order Filing 1303 ORDER GRANTING #1299 Consent MOTION to Amend Discovery Order No. 56 as set out herein. Signed by Judge R David Proctor on 6/27/2017. (JLC)
June 26, 2017 Opinion or Order Filing 1302 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT The court ORDERS that the Special Master's application for payment is approved as setout within. Signed by Judge R David Proctor on 6/26/17. (SAC )
June 26, 2017 Opinion or Order Filing 1301 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT The court ORDERS that the Special Master's application for payment is approved as set out within. Signed by Judge R David Proctor on 6/26/17. (SAC )
June 23, 2017 Filing 1300 RESPONSE to re #1235 Motion to Compel filed by BCS Financial Corporation, BCS Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Razzano, Susan)
June 23, 2017 Filing 1299 Consent MOTION to Amend/Correct #1287 Order on Motion to Compel, Discovery Order No. 56 by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Lemmon, Andrew)
June 23, 2017 Filing 1298 MOTION to Quash Provider Plaintiffs' Subpoenas to BCS Insurance Company and BCS Financial Corporation or in the alternative Motion for Protective Order by Blue Cross and Blue Shield of Alabama. (Given, Robert)
June 23, 2017 Filing 1297 MOTION to Quash or Modify Provider Plaintiffs' Subpoenas to BCS Financial Corporation and BCS Insurance Company or, in the Alterntaive, Motion for Protective Order by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Campbell, Andrew)
June 22, 2017 Opinion or Order Filing 1296 ORDER AMENDED DISCOVERY ORDER NO 55. Signed by Magistrate Judge T Michael Putnam on 6/22/2017. (KAM, )
June 21, 2017 Filing 1295 Consent MOTION to Amend/Correct Discovery Order No. 55 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
June 20, 2017 Filing 1294 STATUS REPORT for BCBS Tennessee Regarding 30(b)(6) Topics for Standard of Review Depositions by Defendants' Counsel. filed by Defendants' Counsel (Kennedy, Lauren)
June 20, 2017 Filing 1293 STATUS REPORT Report of CareFirst, Inc., CareFirst of Maryland, Inc., Group Hospitalization and Medical Services, Inc., and CareFirst BlueChoice, Inc. Regarding 30(b)(6) Topics for Standard of Review Depositions and Notice of Joinder in Motion to Amend Discovery Order 55 by Defendants' Counsel. filed by Defendants' Counsel (Norman, Brian)
June 20, 2017 Opinion or Order Filing 1292 TEXT ORDER re #1288 Report for Anthem, BCBSFL, BCBSSC, and BCBSNC Regarding 30(b)(6) Topics for Standard of Review Depositions and Motion to Amend Discovery Order No. 55. Any response to the Motion is due by no later than 10:00 a.m. CDT on Thursday, June 22, 2017. Signed by Magistrate Judge T Michael Putnam on June 20, 2017. (AMP)
June 20, 2017 Filing 1291 STATUS REPORT Report of Capital BlueCross Regarding 30(b)(6) Topics for Standard of Review Deposition and Joinder in Motion to Amend Discovery Order No. 55 by Defendants' Counsel. filed by Defendants' Counsel (Payne, Joshua)
June 20, 2017 Filing 1290 STATUS REPORT for BCBS Michigan regarding 30(b)(6) Topics for Standard of Review Depositions by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit A)(Campbell, Andrew)
June 20, 2017 Filing 1289 STATUS REPORT Regarding 30(b)(6) Topics for Standard of Review Depositions and Motion to Amend Discovery Order No. 55 by Health Care Service Corporation, Highmark Inc., Blue Shield of California. filed by Health Care Service Corporation, Highmark Inc., Blue Shield of California (Zolner, Erica)
June 20, 2017 Filing 1288 MOTION to Amend/Correct #1285 Order on Motion for Miscellaneous Relief and Status Report regarding 30(b)(6) Topics for Standard of Review Depositions by Anthem, BCBSFL, BCBSNC, and BCBSSC by Defendants' Counsel. (Attachments: #1 Exhibit A- M. Jones email, #2 Text of Proposed Order)(Hoover, Craig)
June 20, 2017 Opinion or Order Filing 1287 DISCOVERY ORDER NO. 56 granting #1241 Motion to Compel certain defendants to produce structured data relating to total claims expense per group per year during the class period as set out in this order; data shall be produced to the Subscriber Plaintiffs within 30 days. Signed by Magistrate Judge T Michael Putnam on 6/20/2017. (KAM)
June 20, 2017 Opinion or Order Filing 1286 ORDER overruling #1251 Objection to Discovery Order No 51 by Defendants' Counsel ; Status Conference set for 10/5/2017 09:00 AM before Judge R David Proctor.The Special Master will provide a call in number for the conference. On or before Friday, September 29, 2017, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference, including a briefing schedule on anticipated motions for class certification. Signed by Judge R David Proctor on 6/20/20017. (KAM, )
June 19, 2017 Opinion or Order Filing 1285 DISCOVERY ORDER NO. 55 granting #1273 Motion to set timeline for plaintiffs to indentify documents for standard of review depositions. Signed by Magistrate Judge T Michael Putnam on 6/19/2017. (KAM, )
June 19, 2017 Filing 1284 STATUS REPORT of Liaison Counsel Regarding 30(b)(6) Topics for Standard of Review Discovery by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
June 19, 2017 Filing 1283 Transcript of Proceedings held on June 15, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/10/2017. Redacted Transcript Deadline set for 7/20/2017. Release of Transcript Restriction set for 9/17/2017. (Attachments: #1 certification) (KAM, )
June 16, 2017 Opinion or Order Filing 1282 TEXT ORDER re #1066 Motion to Clarify Discovery Order No. 45. Following discussions with the parties during the telephone conference held on June 15, 2017, the motion hereby is MOOT. Signed by Magistrate Judge T Michael Putnam on June 16, 2017. (AMP)
June 16, 2017 Opinion or Order Filing 1281 DISCOVERY ORDER No. 54 denying #1232 Subscriber pla's Motion to Compel supplemental production custodians. Signed by Magistrate Judge T Michael Putnam on 6/16/2017. (KAM) Modified on 6/16/2017 (KAM, ).
June 16, 2017 Opinion or Order Filing 1280 ORDER - parties are directed to report to the court, by filing, no later than 4:00 p.m. CDT on Monday, June 19, 2017, whether agreement has been reached with regard to the non-Alabama 30(b)(6) depositions related to legal standard of review.Signed by Magistrate Judge T Michael Putnam on 6/16/2017. (KAM)
June 15, 2017 Filing 1279 Transcript of Proceedings held on 6/9/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/6/2017. Redacted Transcript Deadline set for 7/16/2017. Release of Transcript Restriction set for 9/13/2017. (KAM, )
June 15, 2017 Filing 1278 Transcript of Proceedings held on 6/8/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/6/2017. Redacted Transcript Deadline set for 7/16/2017. Release of Transcript Restriction set for 9/13/2017. (KAM, )
June 15, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 6/15/2017. (Court Reporter Teresa Roberson) (ASL)
June 14, 2017 Filing 1277 REPLY to Response to Motion re #1241 MOTION to Compel by Subscriber Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data filed by Plaintiffs' Liaison Counsel. (Lemmon, Andrew)
June 14, 2017 Filing 1276 Brief re #1232 SEALED MOTION Supplemental Brief in Support of Subscriber Plaintiffs' Motion to Compel Supplemental Production Custodians filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ragsdale, Barry)
June 14, 2017 Filing 1275 STATUS REPORT on Subscriber Plaintiffs' Motion to Compel Supplemental Production Custodians by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G)(Sooy, Kathleen)
June 14, 2017 Opinion or Order Filing 1274 DISCOVERY ORDER No. 53. Signed by Magistrate Judge T Michael Putnam on 6/14/2017. (KAM)
June 14, 2017 Filing 1273 MOTION to Set Timeline for Plaintiffs to Identify Documents for Standard of Review Depositions by Defendants' Counsel. (Hoover, Craig)
June 13, 2017 Filing 1272 STIPULATION Defendants' Stipulation as to the Authentication and Admissibility of Certain License Agreements by Defendants' Counsel. filed by Defendants' Counsel (Zott, David)
June 13, 2017 Filing 1271 RESPONSE in Opposition re #1266 MOTION for Protective Order Regarding the Notice to Take the Deposition of Robin Stone, Vice President of Governmental Affairs filed by Plaintiffs' Counsel. (Whatley, Joe)
June 13, 2017 Filing 1270 Transcript of Proceedings held on June 8, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/4/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (Attachments: #1 certification page) (KAM, )
June 12, 2017 Filing 1269 RESPONSE in Opposition re #1241 MOTION to Compel by Subscriber Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data (as to certain Hogan Lovells Defendants) filed by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Declaration of Robert Tierney), #8 Exhibit 8 (Declaration of Renee Baxter), #9 Exhibit 9 (Declaration of Sam Griffin), #10 Exhibit 10 (Declaration of Catherine Mitchell), #11 Exhibit 11 (Declaration of Nancy Colton), #12 Exhibit 12 (Declaration of Adrian Serio))(Hoover, Craig)
June 12, 2017 Opinion or Order Filing 1268 TEXT ORDER re #1266 MOTION for Protective Order Regarding the Notice to Take the Deposition of Robin Stone, Vice President of Governmental Affairs filed by Defendants' Counsel. Any response to the motion is due no later than 4:00 p.m. CST on Tuesday, June 13, 2017. Signed by Magistrate Judge T Michael Putnam on June 12, 2017. (AMP)
June 12, 2017 Filing 1267 NOTICE by Plaintiffs' Liaison Counsel re #1241 MOTION to Compel by Subscriber Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data (Ragsdale, Barry)
June 12, 2017 Filing 1266 MOTION for Protective Order Regarding the Notice to Take the Deposition of Robin Stone, Vice President of Governmental Affairs by Defendants' Counsel. (Burkhalter, Carl) Modified on 6/14/2017 (KAM, ).
June 12, 2017 Filing 1265 NOTICE of Change of Address by Gwendolyn C Payton (Payton, Gwendolyn)
June 9, 2017 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 6/9/2017. (KLL)
June 9, 2017 Minute Entry for proceedings held before Judge R David Proctor: hearing terminated. (KLL)
June 8, 2017 Opinion or Order Filing 1264 DISCOVERY ORDER NO. 52. Signed by Magistrate Judge T Michael Putnam on 6/8/2017. (KAM, )
June 8, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 6/8/2017. (Court Reporter Teresa Roberson) (ASL)
June 8, 2017 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 6/8/2017. (Court Reporter Leah Turner.) (KLL)
June 7, 2017 Filing 1263 STATUS REPORT Subscriber Plaintiffs' Supplement To Status Report On Paper Discovery And Depositions For Legal Standard Briefing by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Hellums, Christopher)
June 7, 2017 Filing 1262 SUBCRIBER PLAINTIFFS'RESPONSE to re #1251 Defendants'Rule 72 Objections to DISCOVERY ORDER NO> 51 filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry) Modified on 6/8/2017 (KAM, ).
June 7, 2017 Filing 1261 Opposition to re #1251 Defendants' Rule 72 Objection to Discovery Order No. 51 (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
June 7, 2017 Filing 1260 STATUS REPORT Regarding Discovery and Depositions for Standard of Review Briefing (Provider Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
June 7, 2017 Filing 1259 Transcript of Proceedings held on 5/18/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number 205-278-2062. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/28/2017. Redacted Transcript Deadline set for 7/8/2017. Release of Transcript Restriction set for 9/5/2017. (JLC)
June 6, 2017 Filing 1258 STATUS REPORT Subscriber Plaintiffs' Status Report On Paper Discovery and Depositions for Legal Standard Briefing by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Hellums, Christopher)
June 6, 2017 Filing 1257 Defendants' Submission Regarding Standard of Review Discovery. (Zott, David) Modified on 6/7/2017 (JLC).
June 6, 2017 Filing 1256 NOTICE of Appearance by Lisa Cipriano on behalf of BCS Financial Corporation, BCS Insurance Company (Cipriano, Lisa)
June 6, 2017 Filing 1255 NOTICE of Appearance by Susan M Razzano on behalf of BCS Financial Corporation, BCS Insurance Company (Razzano, Susan)
June 5, 2017 Filing 1254 RESPONSE in Opposition re #1232 SEALED MOTION Subscriber Plaintiffs' Motion to Compel Supplemental Production Custodians filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 2017.04.20 C&M Plan Letter to Subscribers, #2 Exhibit B - 2017.05.23 C&M Plan Letter to Subscribers, #3 Exhibit C - 2017.06.05 C&M Plan Letter to Subscribers, #4 Exhibit D - 2016.04.13 Letter re C&M Plan Unstructured Scope)(Sooy, Kathleen)
June 5, 2017 Filing 1253 SUBSCRIBER plaintiffs' notice of withdrawal of Motion to Compel Additional Custodians #1232 SEALED MOTION (Hellums, Christopher) Modified on 6/6/2017 (KAM, ).
June 2, 2017 Filing 1252 REPLY Brief filed by Defendant Defendants' Counsel re: #1187 MOTION to Dismiss Providers' Consolidated Fourth Amended Complaint filed by Defendants' Counsel. (Campbell, Andrew)
June 2, 2017 Filing 1251 Brief re #1226 Order Defendants' Rule 72 Objection to Discovery Order No. 51 filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - 4/21/2017 Hearing Transcript Excerpt)(Zott, David)
June 2, 2017 Filing 1250 STATUS REPORT Report Regarding Proposed Agenda for Status Conference on June 8 2017 by Special Master. filed by Special Master (Gentle, Edgar)
June 2, 2017 Opinion or Order Filing 1249 TEXT ORDER-This matter is before the court on the parties' Joint Notice Regarding Sealing of Subscriber Plaintiffs Motion to Compel Supplemental Production Custodians. #1246 In light of the Joint Notice #1246 , the Clerk of the Court is directed to unseal Document 1232. #1232 . Signed by Judge R David Proctor on 6/2/2017. (KAM, )
June 1, 2017 Filing 1248 STATUS REPORT Regarding Provider Plaintiffs' Tranche 3 Productions by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
June 1, 2017 Filing 1247 NOTICE of Appearance by Hamish P.M. Hume on behalf of All Plaintiffs (Hume, Hamish)
June 1, 2017 Filing 1246 NOTICE by Defendants' Counsel Regarding Sealing of Subscriber Plaintiffs' Motion to Compel Supplemental Production Custodians (Joint) (Hogewood, Mark)
May 31, 2017 Filing 1245 NOTICE by Plaintiffs' Counsel re #1231 MOTION For Additional Anthem Custodians Notice of Withdrawal (Hellums, Christopher)
May 31, 2017 Opinion or Order Filing 1244 ORDER granting #1240 Motion appointing Charles J. Cooper to serve as Co-Chair, along with David Guin, of the Brief Writing and Submissions Committee for the Subscriber Tract. Signed by Judge R David Proctor on 5/31/2017. (KAM, )
May 31, 2017 Opinion or Order Filing 1243 TEXT ORDER re #1241 Subscriber Plaintiffs' Motion to Compel Production of Data Regarding Premiums and Total Claims Data. Defendants named in the motion shall have until Monday, June 12, 2017, to respond to the motion. The possible need for a special setting on the motion shall be addressed at the Discovery Conference set for June 8, 2017. Signed by Magistrate Judge T Michael Putnam on May 31, 2017. (AMP)
May 31, 2017 Opinion or Order Filing 1242 TEXT ORDER re #1236 MOTION for Extension of Time to Respond to #1235 MOTION to Compel, filed by BCS Insurance Company, BCS Financial Corporation. Argument on the motion shall be heard at the Discovery Conference set for June 8, 2017. Any written response to the motion is governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on May 31, 2017. (AMP)
May 30, 2017 Filing 1241 MOTION to Compel by Subscriber Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data by Plaintiffs' Liaison Counsel. (Attachments: #1 Memorandum in Support, #2 Exhibit 1. Appendix D, #3 Exhibit 2. January 19, 2017 letter from Stenerson to Bush, #4 Text of Proposed Order)(Ragsdale, Barry)
May 30, 2017 Filing 1240 MOTION Unopposed Motion of Co-Lead Counsel to Obtain Court Approval for the Appointment of Charles J. Cooper to Serve as Co-Chair of the Brief Writing and Submissions for the Subscriber Track by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Hellums, Christopher)
May 30, 2017 Filing 1239 NOTICE of Appearance by Stephen A Walsh on behalf of Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Walsh, Stephen)
May 30, 2017 Filing 1238 RESPONSE in Opposition re #1236 MOTION for Extension of Time to File Response/Reply as to #1235 MOTION to Compel BCS Financial Corporation and BCS Insurance Company to Produce Documents (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
May 26, 2017 Filing 1237 RESPONSE in Opposition re #1187 MOTION to Dismiss Providers' Consolidated Fourth Amended Complaint filed by Plaintiffs' Counsel. (Whatley, Joe)
May 26, 2017 Filing 1236 MOTION for Extension of Time to File Response/Reply as to #1235 MOTION to Compel BCS Financial Corporation and BCS Insurance Company to Produce Documents (Provider Plaintiffs) by BCS Financial Corporation, BCS Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pennington, Michael) #1264 granted in part and denied in part this motion Modified on 6/14/2017 (KAM, ).
May 25, 2017 Filing 1235 MOTION to Compel BCS Financial Corporation and BCS Insurance Company to Produce Documents (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Whatley, Joe) Modified on 6/16/2017 (KAM, ).
May 25, 2017 Filing 1234 Transcript of Proceedings held on May 11, 2017, before Judge R. David Proctor and Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/15/2017. Redacted Transcript Deadline set for 6/25/2017. Release of Transcript Restriction set for 8/23/2017. (MRR, )
May 25, 2017 Filing 1233 Transcript of Proceedings held on May 3, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/15/2017. Redacted Transcript Deadline set for 6/25/2017. Release of Transcript Restriction set for 8/23/2017. (MRR, )
May 25, 2017 Filing 1232 Subscriber Plaintiffs' Motion to Compel Supplemental Production Custodians. (KAM)(Motion unsealed Modified on 6/2/2017) (KAM, ). Modified on 6/16/2017 (KAM, ).
May 25, 2017 Filing 1231 MOTION For Additional Anthem Custodians by Plaintiffs' Counsel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Hellums, Christopher) withdrawn by #1245 Modified on 6/14/2017 (KAM, ).
May 24, 2017 Opinion or Order Filing 1230 MEDIATION ORDER - a mediation involving Subscriber Plaintiffs and Defendants shall take place on 6/6/2017 in Birmingham, AL; every party SHALL designate to the mediator a representative who will attend the mediation in person. Signed by Judge R David Proctor on 5/24/2017. (KAM)
May 23, 2017 Opinion or Order Filing 1229 ORDER APPOROVING SPECIAL MASTER INVOICE FOR PAYMENT - payment for services rendered and expenses incurred from 4/1/2017 through 4/30/2017 in this matter relating solely to services provided to the plaintiffs, and totaling $41,800.00. Signed by Judge R David Proctor on 5/23/2017. (KAM, )
May 23, 2017 Opinion or Order Filing 1228 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT - Payment for services rendered and expenses incurred from 4/1/2017 through 4/30/2017 in this matter as it relates to services rendered for both sides, and totaling $8,000.00. Signed by Judge R David Proctor on 5/23/2017. (KAM, )
May 19, 2017 Opinion or Order Filing 1227 TEXT ORDER. The Discovery Status Conference set by Discovery Order No. 1 (doc. 229)shall be held on June 8, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on May 19, 2017. (AMP)
May 19, 2017 Opinion or Order Filing 1226 DISCOVERY ORDER No. 51. Signed by Magistrate Judge T Michael Putnam on 5/19/2017. (JLC)
May 18, 2017 Opinion or Order Filing 1225 ORDER re #1187 MOTION to Dismiss Providers' Consolidated Fourth Amended Complaint filed by Defendants' Counsel ; Unless the parties otherwise agree on a briefing schedule for the Motion, any response SHALL be filed no later than ten (10) calendar days after the date the Motion was filed. (However, if the due date falls on a weekend or court holiday, the due date shall be the next business day). Any reply SHALL be filed no later than five (5) calendar days after the date on which the responsive brief is filed. Signed by Judge R David Proctor on 5/18/2017. (KAM, )
May 18, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 5/18/2017. (Court Reporter Lindy Fuller) (ASL)
May 17, 2017 Filing 1224 Defendant USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield's Answer and Affirmative Defenses to the Provider Track Fourth Amended Consolidated Class Action Complaint [Docket no. 1083] ANSWER to Complaint with Jury Demand by Defendants' Counsel.(Naranjo, Michael)
May 17, 2017 Filing 1223 Horizon Healthcare Services, Inc. (Horizon Blue Cross and Blue Shield of New Jersey) ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1222 Hawaii Medical Service Association (Blue Cross and Blue Shield of Hawaii) ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1221 Cambia Health Solutions, Inc.; Regence Blue Shield of Idaho; Regence Blue Cross Blue Shield of Utah; Regence Blue Shield (in Washington); Regence Blue Cross Blue Shield of Oregon ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1220 Blue Cross and Blue Shield of Vermont ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1219 Blue Cross and Blue Shield of South Carolina ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1218 Blue Cross & Blue Shield of Rhode Island ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1217 HealthNow New York Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1216 Blue Cross and Blue Shield of North Carolina, Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1215 Blue Cross of Idaho Health Service, Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1214 BCBSM, Inc. (Blue Cross and Blue Shield of Minnesota) ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1213 Blue Cross Blue Shield of Wyoming's ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1212 Blue Cross and Blue Shield of Massachusetts, Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1211 Louisiana Health Service & Indemnity Company (Blue Cross and Blue Shield of Louisiana) ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1210 Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1209 Blue Cross and Blue Shield of Florida, Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1208 Noridian Mutual Insurance Company's ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1207 Anthem, Inc., f/k/a WellPoint, Inc., and all of its named subsidiaries in this consolidated action ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1206 Blue Cross and Blue Shield of Kansas, Inc. ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1205 Blue Cross and Blue Shield of Kansas City ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1204 Blue Cross Blue Shield of Arizona's ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1203 Triple-S Salud, Inc.'s ANSWER to #897 Amended Complaint (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Pabon Rico, Gustavo)
May 17, 2017 Filing 1202 Triple-S Salud, Inc.'s ANSWER to #86 Amended Complaint (Provider Track Fourth Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Pabon Rico, Gustavo)
May 17, 2017 Filing 1201 Blue Cross Blue Shield of Wyoming ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1200 Noridian Mutual Insurance Company's ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1199 ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield.(Clark, Anna)
May 17, 2017 Filing 1198 Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1197 Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1196 Blue Cross and Blue Shield of Kansas, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1195 HealthNow New York Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1194 Blue Cross of Idaho Health Service, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Sooy, Kathleen)
May 17, 2017 Filing 1193 Defendant BlueCross BlueShield of Tennessee's ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Miller, Margot)
May 17, 2017 Filing 1192 ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Blue Cross Blue Shield of Arizona.(Sooy, Kathleen)
May 17, 2017 Filing 1191 Group Hospitalization and Medical Services, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Norman, Brian)
May 17, 2017 Filing 1190 CareFirst of Maryland, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Norman, Brian)
May 17, 2017 Filing 1189 CareFirst, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Norman, Brian)
May 17, 2017 Filing 1188 Blue Cross & Blue Shield of Mississippi, A Mutual Insurance Company's ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended Consolidated Class Action Complaint) by Blue Cross Blue Shield Antitrust Litigation MDL 2406.(McDowell, M)
May 17, 2017 Filing 1187 MOTION to Dismiss Providers' Consolidated Fourth Amended Complaint by Defendants' Counsel. (Attachments: #1 Supplement Brief In Support of MTD, #2 Exhibit A)(Campbell, Andrew)
May 17, 2017 Filing 1186 Premera Blue Cross's ANSWER to Complaint with Jury Demand Subscriber Track Third Amended Consolidated Class Action Complaint by Premera Blue Cross.(Payton, Gwendolyn)
May 17, 2017 Filing 1185 CareFirst BlueChoice, Inc. ANSWER to Complaint with Jury Demand by Defendants' Counsel.(Norman, Brian)
May 17, 2017 Filing 1184 Blue Cross Blue Shield of Michigan's ANSWER to Complaint with Jury Demand for the Subscriber Track's Third Amended Consolidated Class Action Complaint by Defendants' Counsel.(Campbell, Andrew)
May 17, 2017 Filing 1183 ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield.(Clark, Anna)
May 17, 2017 Filing 1182 Horizon Healthcare Services, Inc. (Horizon Blue Cross and Blue Shield of New Jersey) ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1181 Hawaii Medical Service Association (Blue Cross and Blue Shield of Hawaii) ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1180 Cambia Health Solutions, Inc.; Regence Blue Shield of Idaho; Regence Blue Cross Blue Shield of Utah; Regence Blue Shield (in Washington); Regence Blue Cross Blue Shield of Oregon ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1179 Blue Cross and Blue Shield of Vermont ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1178 Blue Cross and Blue Shield of South Carolina ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1177 Blue Cross & Blue Shield of Rhode Island ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1176 Blue Cross and Blue Shield of North Carolina, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1175 BCBSM, Inc. (Blue Cross and Blue Shield of Minnesota) ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1174 Wellmark, Inc., d/b/a Wellmark Blue Cross and Blue Shield of Iowa, and Wellmark of South Dakota, Inc., d/b/a Wellmark Blue Cross and Blue Shield of South Dakota's ANSWER to Complaint with Jury Demand (Subscriber Track's Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Zott, David)
May 17, 2017 Filing 1173 Blue Cross Blue Shield of Mississippi, A Mutual Insurance Company's ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Blue Cross Blue Shield Antitrust Litigation MDL 2406.(McDowell, M)
May 17, 2017 Filing 1172 Blue Cross and Blue Shield of Massachusetts, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1171 Louisiana Health Service & Indemnity Company (Blue Cross and Blue Shield of Louisiana) ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1170 Blue Cross and Blue Shield of Florida, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1169 Anthem, Inc., f/k/a WellPoint, Inc., and all of its named subsidiaries in this consolidated action ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover, Craig)
May 17, 2017 Filing 1168 Blue Cross Blue Shield of Alabama's ANSWER to Complaint (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Burkhalter, Carl)
May 17, 2017 Filing 1167 Independence Hospital Indemnity Plan, Inc.'s Answer and Affirmative Defenses ANSWER to Complaint with Jury Demand (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Adcox, Rachel)
May 17, 2017 Filing 1166 Blue Cross and Blue Shield Association's ANSWER to Complaint with Jury Demand (Subscriber Track's Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(Zott, David)
May 17, 2017 Filing 1165 Defendant USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield's Answer and Affirmative Defenses to the Subscriber Track Third Amended Consolidated Class Action Complaint [Docket no. 1082] ANSWER to Complaint by Defendants' Counsel.(Naranjo, Michael)
May 17, 2017 Filing 1164 Health Care Service Corp. & Caring For Montanans, Inc.'s Answer & Affirmative Defenses ANSWER to Complaint (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(West, Kimberly)
May 17, 2017 Filing 1163 Highmark Inc.'s Answer & Affirmative Defenses ANSWER to Complaint (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(West, Kimberly)
May 17, 2017 Filing 1162 Blue Shield of California's Answer & Affirmative Defenses ANSWER to Complaint (Subscriber Track Third Amended Consolidated Class Action Complaint) by Defendants' Counsel.(West, Kimberly)
May 17, 2017 Opinion or Order Filing 1161 TEXT ORDER-This case is SET for an ex parte telephone conference with certain Subscribers Counsel at 12:00 noon, Central time, on Friday, May 19, 2017. Subscribers Lead Counsel, Subscriber Plaintiffs Steering Committee Members and the Subscribers Liaison Counsel SHALL attend. The Special Master is asked to circulate dial in information for the call.. Signed by Judge R David Proctor on 5/17/2017. (KAM)
May 17, 2017 Opinion or Order Filing 1160 ORDER - No future mediation may be unilaterally cancelled by any party. All future mediation sessions SHALL take place pursuant to this courts order and occur in Birmingham, Alabama. The Mediator and Special Master SHALL submit an appropriate order in relation to all such future sessions. Signed by Judge R David Proctor on 5/16/2017. (KAM)
May 16, 2017 Opinion or Order Filing 1159 TEXT ORDER This matter is before the court on the parties' filings regarding justifications for maintaining the seal on documents filed in response to the court's April 21, 2017 Show Cause Order. #1097 In light of those filings, the Clerk of the Court is directed to unseal Documents 1128-1, 1128-2 and 1128-7. [1128-1] [1128-2] [1128-7]. Signed by Judge R David Proctor on 5/16/2017. (KAM, )
May 16, 2017 Opinion or Order Filing 1158 TEXT ORDER-This matter is before the court on Defendants' Unopposed Motion to Enlarge the Time for Responding to the Amended Complaints. #1154 The Motion #1154 is GRANTED. Defendants shall respond to the recently amended complaints on or before May 17, 2017. Signed by Judge R David Proctor on 5/16/2017. (KAM)
May 15, 2017 Filing 1157 Brief re #1097 Order to Show Cause,, Defendants' Reply to Cigna's and Plaintiffs' Responses to the Court's April 21, 2017 Show Cause Order - Public Version - filed by Defendants' Counsel. (Zott, David)
May 15, 2017 Filing 1156 Brief re #1097 Order to Show Cause,, Defendants' Response to the Court's April 21, 2017 Show Cause Order - Public Version - filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - 4/12/2017 Hearing Transcript, #2 Exhibit 2 - 4/13/2017 Hearing Transcript, #3 Exhibit 3-6 - Filed Under Seal, #4 Exhibit 7 - 4/28/2017 Laster Letter to Counsel, #5 Exhibit 8 - Filed Under Seal)(Zott, David)
May 15, 2017 Filing 1155 Brief re #1149 Response (other) Defendants' Justification for Filings Submitted Under Seal and Reply to Subscribers' May 11, 2017 Response Regarding Sealing. (Zott, David)
May 15, 2017 Filing 1154 MOTION for Extension of Time For Responding To The Amended Complaints (Unopposed) by Defendants' Counsel. (Hoover, Craig)
May 15, 2017 Opinion or Order Filing 1153 DISCOVERY ORDER NO. 50. Signed by Magistrate Judge T Michael Putnam on 5/15/2017. (KAM)
May 12, 2017 Opinion or Order Filing 1152 SUPPLEMENTAL DISCOVERY ORDER NO. 48. Signed by Magistrate Judge T Michael Putnam on 5/12/2017. (KAM, )
May 12, 2017 Opinion or Order Filing 1151 DISCOVERY ORDER NO. 49.. Signed by Judge R David Proctor on 5/12/2017. (KAM)
May 11, 2017 Filing 1150 NOTICE by Plaintiffs' Counsel of Agreement Regarding BCBS-AL Custodians (Subscriber Plaintiffs) (Hellums, Christopher)
May 11, 2017 Filing 1149 RESPONSE to Defendants' Request to Maintain the Seal on Their Show Cause Response filed by Plaintiffs' Counsel. (Stokes, Tammy)
May 11, 2017 Filing 1148 RESPONSE to Motion re #1142 MOTION to Extend Time for Rule 30(b)(6) Depositions on Behalf of BCBSA & BCBS-AL filed by Defendants' Counsel. (Donnell, Sarah)
May 11, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 5/11/2017. (Court Reporter Sabrina Lewis) (ASL)
May 10, 2017 Filing 1147 ***Document Sealed - Anthem's Reply to the Responses to the Court's 4/21/2017 Show Cause Order (KAM)
May 10, 2017 Filing 1146 ***Document Sealed - Cigna Corporation's Reply in Further Support of its Response to Show Cause Order Regarding Privilege Issues #1097 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (KAM, )
May 10, 2017 Filing 1145 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: #1097 Order to Show Cause,, (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit One, #2 Exhibit Two)(Whatley, Joe)
May 10, 2017 Filing 1144 ***Document Sealed - DEFENDANTS REPLY TO CIGNAS AND PLAINTIFFS RESPONSES TO THE COURTS APRIL 21, 2017 SHOW CAUSE ORDER (SAC )
May 10, 2017 Filing 1143 MOTION for Additional Time for Depositions by Subscriber Plaintiffs by Plaintiffs' Counsel. (Hellums, Christopher)
May 9, 2017 Filing 1142 MOTION to Extend Time for Rule 30(b)(6) Depositions by Plaintiffs' Counsel. (Attachments: #1 Memo in Support)(Lemmon, Andrew)
May 9, 2017 Opinion or Order Filing 1141 TEXT ORDER-This matter is before the court on Cigna Corporation's Unopposed Motion for Leave to File Under Seal. #1140 The Motion #1140 is GRANTED. See #145 #758 .. Signed by Judge R David Proctor on 5/9/2017. (KAM, )
May 9, 2017 Filing 1140 MOTION for Leave to File Under Seal by CIGNA Health and Life Insurance Company. (Weller, Christopher)
May 9, 2017 Opinion or Order Filing 1139 TEXT ORDER-This matter is before the court on the Motions for Admission Pro Hac Vice filed on behalf of attorneys Samuel C. Leifer and Stephen R. DiPrima. #1137 #1138 The Motions #1137 #1138 are GRANTED.. Signed by Judge R David Proctor on 5/9/2017. (KAM, )
May 8, 2017 Filing 1138 MOTION for Leave to Appear Pro Hac Vice by CIGNA Health and Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weller, Christopher)
May 8, 2017 Filing 1137 MOTION for Leave to Appear Pro Hac Vice by CIGNA Health and Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weller, Christopher)
May 5, 2017 Filing 1136 ***Document Sealed Subscriber Plaintiffs' Response to the Court's Order to Show Cause #1097 (KAM, )
May 5, 2017 Filing 1135 ***Document Sealed - Notice of Substitution of Exhibits by dft Blue Cross Blue Shield Association (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 6) (KAM)
May 5, 2017 Opinion or Order Filing 1134 TEXT ORDER-This matter is before the court on the responses #1123 #1127 #1128 #1129 #1130 to the court's April 21, 2017 Show Cause Order #1097 . In light of the responses, this matter is SET for a telephone conference at 3:00 p.m. Central Time on Thursday, May 11, 2017, to discuss the matters addressed in the order and the responses. The telephone conference regarding this issue will occur at the beginning of Judge Putnam's weekly discovery call. Signed by Judge R David Proctor on 5/5/2017. (KAM, )
May 5, 2017 Filing 1133 NOTICE by Blue Cross Blue Shield Antitrust Litigation MDL 2406 of Withdrawal of Appearance (Leary, Paul)
May 5, 2017 Opinion or Order Filing 1132 TEXT ORDER-This matter is before the court on correspondence dated May 4, 2017 from the Subscriber Seal Team regarding the status of the seal on their Motion for Additional BCBS-AL Custodians. #1102 In light of that correspondence, the clerk of the court is directed to unseal Document No. 1102. #1102 .. Signed by Judge R David Proctor on 5/5/2017. (KAM, )
May 4, 2017 Opinion or Order Filing 1131 DISCOVERY ORDER No. 48. Signed by Magistrate Judge T Michael Putnam on 5/4/2017. (KAM)
May 4, 2017 Filing 1130 ***Document Sealed CIGNA Corporation's Response to Show Cause Order #1097 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (KAM, )
May 3, 2017 Filing 1129 ***Document Sealed Defendant Anthem Inc's Response to Order to Show Cause (KAM)
May 3, 2017 Filing 1128 ***Document Sealed - Defendant's Response to the Court's 4/21/2017 Order to Show Cause (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (KAM, )
May 3, 2017 Filing 1127 RESPONSE to re #1097 Subscriber Plaintiffs' Reponse to Court's Order to Show Cause filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 3, 2017 Filing 1126 NOTICE by CIGNA Health and Life Insurance Company re #1097 Order to Show Cause,, (Weller, Christopher)
May 3, 2017 Filing 1125 NOTICE of Appearance by Glenn M Kurtz on behalf of Anthem, Inc. (Kurtz, Glenn)
May 3, 2017 Filing 1124 NOTICE of Appearance by Claudine Columbres on behalf of Anthem, Inc. (Columbres, Claudine)
May 3, 2017 Filing 1123 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
May 3, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 5/3/2017 re #1102 , #1107 ; arguments by counsel; court's remarks; taken under submission; hrg adj (Court Reporter Sabrina Lewis) (ASL)
May 2, 2017 Opinion or Order Filing 1122 TEXT ORDER-This matter is before the court on correspondence dated May 1, 2017 from Defendants regarding the status of the seal on their Reply in Support of Defendants' Rule 72 Objection to Discovery Order No. 44. #1101 In light of that correspondence, the clerk of the court is directed to unseal Document No. 1101. #1101 . Signed by Judge R David Proctor on 5/2/2017. (KAM, )
May 1, 2017 Filing 1121 RESPONSE to Plaintiffs' Motions to Compel Additional Custodians filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Malatesta, John)
May 1, 2017 Filing 1120 STATUS REPORT by Provider Plaintiffs Regarding Tranche 2 Productions by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
May 1, 2017 Filing 1119 STATUS REPORT Subscriber Plaintiffs' Status Report on Depositions, Custodians and Search Terms by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale, Barry)
May 1, 2017 Filing 1118 STATUS REPORT of Provider Plaintiffs Regarding Discovery by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
May 1, 2017 Opinion or Order Filing 1117 ORDER that this case is hereby set for a Status Conference at 9:00 a.m. on Thursday, June 8, 2017, in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama before Judge R David Proctor. On or before Friday, June 2, 2017, the parties SHALL submit a Joint Report as set out herein. Economics Day Part II is SET at 9:00 a.m. on Friday, June 9, 2017, in Courtroom 8 of the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 5/1/2017. (JLC)
May 1, 2017 Opinion or Order Filing 1116 ORDER REGARDING OBJECTIONS TO DISCOVERY ORDER NO. 44. Signed by Judge R David Proctor on 5/1/2017. (JLC)
May 1, 2017 Filing 1115 Transcript of Proceedings held on April 27, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/22/2017. Redacted Transcript Deadline set for 6/1/2017. Release of Transcript Restriction set for 7/30/2017. (MRR, )
April 28, 2017 Opinion or Order Filing 1114 DISCOVERY ORDER No. 47. Signed by Magistrate Judge T Michael Putnam on 4/28/2017. (KAM, )
April 28, 2017 Opinion or Order Filing 1113 TEXT ORDERThis matter is before the court on the parties' Joint Notice Regarding Sealing of Subscriber Plaintiffs Third Amended Complaint and Provider Plaintiffs Fourth Amended Complaint. #1110 In light of the Joint Notice #1110 , the clerk of the court is directed to unseal Documents No. 1082 and 1083. #1082 #1083 . Signed by Judge R David Proctor on 4/28/2017. (KAM)
April 28, 2017 Opinion or Order Filing 1112 TEXT ORDER re #1102 SEALED MOTION - Subscriber Plaintiffs' Motion for Additional BCBS-AL Custodians; and #1107 Provider Plaintiffs' MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as Document Production Custodians. A Motion Hearing is SET for Wednesday, May 3, 2017, at 10:00 AM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on April 28, 2017. (AMP, )
April 27, 2017 Filing 1111 Transcript of Proceedings held on April 21, 2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Julie Martin, Telephone number (205) 837-5266. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/18/2017. Redacted Transcript Deadline set for 5/28/2017. Release of Transcript Restriction set for 7/26/2017. (MRR, )
April 27, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 4/27/2017. (Court Reporter Sabrina Lewis) (ASL)
April 26, 2017 Filing 1110 NOTICE by Defendants' Counsel Regarding Sealing of Subscriber Plaintiffs' Third Amended Complaint and Provider Plaintiffs' Fourth Amended Complaint - Joint (Hogewood, Mark)
April 26, 2017 Filing 1109 Transcript of Proceedings held on 4/21/2017, before Judge R. David Proctor. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/17/2017. Redacted Transcript Deadline set for 5/27/2017. Release of Transcript Restriction set for 7/25/2017. (Attachments: #1 ct rptr certification page) (AVC)
April 26, 2017 Opinion or Order Filing 1108 TEXT ORDER re #1102 SEALED MOTION - Subscriber Plaintiffs' Motion for Additional BCBS-AL Custodians; and #1107 Provider Plaintiffs' MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as Document Production Custodians. Any response to the motions is due no later than Monday, May 1, 2017. Signed by Magistrate Judge T Michael Putnam on April 26, 2017. (AMP)
April 25, 2017 Filing 1107 MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as Document Production Custodians by Provider Plaintiffs by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whatley, Joe) (Granted in Discovery Order 48 #1131 Modified on 5/11/2017 (KAM, ).
April 25, 2017 Opinion or Order Filing 1106 ORDER granting #1063 Motion to Stay Discovery Deadlines in Discovery Order No. 44; insofar as the deadlines for providing an estimate of costs and the April 30, 2017, deadline for production of strategic documents described in subsection II.B. of Discovery Order No. 44 are STAYED, to be reset following the resolution of the defendants Rule 72 Objection to Discovery. The Non-Party Insurers are not, however,relieved of their duty to continue searching for, screening, and preparing documents for production, and to continue actually producing responsive documents that are historical or fact-based, as opposed to forward-looking strategic documents, as described in subsection II.B. of Discovery Order No. 44, or to provide cost estimates for production of such historical or fact-based market entry/exit documents.2. Signed by Magistrate Judge T Michael Putnam on 4/25/2017. (KAM, )
April 25, 2017 Opinion or Order Filing 1105 ORDER the Provider Plaintiffs Motion for an Extension of the March 29, 2017 Deadline to Produce Non-Alabama Named Provider Plaintiffs Discovery #1051 is GRANTED: Provider Plaintiffs will substantially complete their structured and unstructured productions on April 18, 2017, May 1, 2017, and June 1, 2017, as further set out in this order. Signed by Magistrate Judge T Michael Putnam on 4/25/2017. (KAM, )
April 25, 2017 Opinion or Order Filing 1104 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT - The Court therefore ORDERS that the Special Master=s application for payment is hereby approved, with: (i) one-half, or $1,500.00, to be paid by the Defendants; and (ii) one-fourth, or $750.00, to be paid by the Subscriber Track, and one-fourth, or $750.00, to be paid by the Provider Track, from their Common Benefit monies.. Signed by Judge R David Proctor on 4/25/2017. (KAM, )
April 25, 2017 Opinion or Order Filing 1103 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT - The Court therefore ORDERS that the Special Master=s application for payment is hereby approved, with one-half of the billing for common projects, plus the billing that=s specific only to Subscriber Track projects, or $22,500.00, to be paid by the Subscriber Track and one-half of the billing for common projects, plus the billing that=s specific only to Provider Track projects, or $19,500.00, to be paid by the Provider Track, from their Common Benefit monies. Signed by Judge R David Proctor on 4/25/2017. (KAM)
April 25, 2017 Filing 1102 Subscriber Plaintiffs' Motion for Additional BCBS-AL Custodians by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(AVC) Document un-sealed 5/5/2017 see 1132 Modified on 5/5/2017 (KAM, ).
April 25, 2017 Opinion or Order Filing 1100 DISCOVERY ORDER NO. 46. Signed by Magistrate Judge T Michael Putnam on 4/25/2017. (KAM)
April 24, 2017 Filing 1101 Reply in support of defendants' Rule 72 Objection to Discovery Order No. 44 (Attachments: #1 Exhibit A) (KAM, ) Document unsealed 5/2/2017 Modified on 5/2/2017 (KAM, ).
April 24, 2017 Filing 1099 REPLY to re #1058 in Support of Defendants' Rule 72 Objection to Discovery Order No. 44 filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Campbell, Andrew)
April 24, 2017 Opinion or Order Filing 1098 ORDER for the reasons stated on the record during the 4/21/2017 status conference; #1046 Motion for Reconsideration is denied without prejudice; the parties and the court will reassess the questions raised by the motion at a later date. Signed by Judge R David Proctor on 4/24/2017. (KAM, )
April 21, 2017 Opinion or Order Filing 1097 ORDER TO SHOW CAUSE the parties are directed to appear and show cause why an injunction should not be entered to either (a) enjoin Anthem, Defendants, Provider Plaintiffs, and Subscriber Plaintiffs from providing information and documents deemed confidential under the Qualified Protective Order and the courts Alternative Dispute Resolution Plan to Cigna in connection with the litigation before the Delaware Chancery Court, and/or (b) enjoin Cigna from requesting such confidential information and documents; parties to simultaneously file briefs by 5/3/2017; reply briefs may be filed by 5/10/2017. Signed by Judge R David Proctor on 4/21/2017. (KAM)
April 21, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 4/21/2017; re #849 , #1051 , #1063 , #1053 , #1064 , #1065 ; arguments by counsel; hrg adj (Court Reporter Julie Martin) (ASL)
April 21, 2017 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 4/21/2017. (Court Reporter Teresa Roberson.) (KLL)
April 20, 2017 Opinion or Order Filing 1096 TEXT ORDER This matter is before the court on the Motion to Withdraw filed by attorney D. Keith Andress. #1095 The Motion #1095 is GRANTED. The Clerk of the Court is directed to terminate attorney Andress. Signed by Judge R David Proctor on 4/20/2017. (KAM)
April 20, 2017 Filing 1095 MOTION to Withdraw as Attorney for Excellus Heath Plan, Excellus BlueCross Blue Shield by Defendants' Counsel. (Andress, D)
April 20, 2017 Filing 1094 RESPONSE to re #1072 Notice of Supplemental Authority Regarding the Filed Rate Summary Judgment Motions filed by Defendants' Counsel. (Hoover, Craig)
April 20, 2017 Filing 1093 STATUS REPORT (PROVIDER PLAINTIFFS' REPORT REGARDING STATUS CONFERENCE ON APRIL 21, 2017) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Whatley, Joe)
April 19, 2017 Filing 1092 REPLY to Response to Motion re #1063 Joint MOTION to Stay Discovery Deadlines in Discovery Order No. 44 Joint Reply by Non-Party Insurers Aetna, Inc.; UnitedHealthGroup, Incorporated; Humana, Inc.; and Cigna Health and Life Insurance Company in Support of their Joint Motion to Stay Discovery Deadlines in Discovery Order No. 44 filed by AETNA, Inc.. (Wells, H)
April 19, 2017 Filing 1091 RESPONSE to re #1058 Joint Response by Non-Party Insurers Aetna, Inc.; UnitedHealthGroup, Incorporated; Humana, Inc.; and Cigna Health and Life Insurance Company to Defendants Rule 72 Objection to Discovery Order No. 44 filed by AETNA, Inc.. (Attachments: #1 Exhibit 1)(Wells, H)
April 19, 2017 Opinion or Order Filing 1090 TEXT ORDER-The court's March 24, 2017 Order Setting April Status Conference #1049 is AMENDED as follows: the status conference is set for 9:00 a.m. (CDT) on April 21, 2017 in CR 8.. Signed by Judge R David Proctor on 4/19/2017. (KAM)
April 18, 2017 Filing 1089 STATUS REPORT by Provider Plaintiffs on Tranche 1 Productions by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W)
April 18, 2017 Filing 1088 RESPONSE in Opposition re #1064 Provider Plaintiffs' MOTION for Order Directing Provider Plaintiffs and Subscriber Plaintiffs to Proceed on Separate Tracks for All Discovery Purposes filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Hoover, Craig)
April 18, 2017 Filing 1087 RESPONSE to Motion re #1053 MOTION for Reconsideration of Discovery Order No. 44 #1040 or, Alternatively, to Enlarge the Deadline for Objecting to Such Order by Health Care Cost Institute, Inc. filed by Plaintiffs' Counsel. (Whatley, Joe)
April 18, 2017 Filing 1086 RESPONSE to re #1065 Subscriber Plaintiffs' Motion Concerning Certain Deposition Time Limitations filed by Defendants' Counsel. (Attachments: #1 Exhibit A - In re Anthem Data Breach Litig 12/8/2016 Order)(Zott, David)
April 18, 2017 Filing 1085 RESPONSE to re #1052 Subscriber Plaintiffs' Notice of Supplemental Authority filed by Defendants' Counsel. (Zott, David)
April 18, 2017 Filing 1083 CONSOLIDATED FORTH AMENDED PROVIDER COMPLAINT (this document relates to 2:12-cv-2532) (KAM, )Unsealed 4/28/2017 see order 1113 Modified on 5/2/2017 (KAM, ).
April 17, 2017 Filing 1084 ***Document Sealed - Defendants' response to Non-Party Health Care Cost Institute Inc's MOTION FOR RECONSIDERATION of Discovery Order No.44 or, alternatively, to enlarge the deadline for objection to such order (Attachments: #1 Exhibit A, #2 Exhibit B) (KAM)
April 17, 2017 Filing 1082 SUBSCRIBER TRACK THIRD AMENDED CONSOLIDATED CLASS ACTION COMPLAINT (KAM) Document unsealed 4/28/2017, see order 1113 Modified on 5/2/2017 (KAM, ).
April 17, 2017 Filing 1081 RESPONSE to re #1063 Provider Plaintiffs' Response to Non-Party Insurers' Motion to Stay Deadlines in Discovery Order No. 44 filed by Plaintiffs' Counsel. (Whatley, Joe)
April 17, 2017 Filing 1080 RESPONSE to re #1057 Provider Plaintiffs' Response to Non-Party Humana, Inc.'s Rule 72 Objection to Discovery Order No. 44 filed by Plaintiffs' Counsel. (Whatley, Joe)
April 17, 2017 Filing 1079 RESPONSE to Non-Party Humana Inc.'s Rule 72 Objection to Discovery Order No. 44 Filed as Dkt 1057 Under Seal filed by Defendants' Counsel. (Campbell, Andrew)
April 17, 2017 Filing 1078 RESPONSE in Opposition re #1053 MOTION for Reconsideration of Discovery Order No. 44 #1040 or, Alternatively, to Enlarge the Deadline for Objecting to Such Order by Health Care Cost Institute, Inc. FILED UNDER SEAL filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew)
April 17, 2017 Opinion or Order Filing 1077 TEXT ORDER This matter is before the court on Subscriber Plaintiffs' Motion for Leave to Amend the Subscriber Track Second Amended Consolidated Amended Complaint. #1074 The Motion #1074 is GRANTED. Plaintiffs are directed to file the proposed Third Amended Consolidated Class Action Complaint with the Clerk of the Court.. Signed by Judge R David Proctor on 4/17/2017. (KAM)
April 17, 2017 Filing 1076 RESPONSE in Opposition re #1063 Joint MOTION to Stay Discovery Deadlines in Discovery Order No. 44 filed by Defendants' Counsel. (Campbell, Andrew)
April 17, 2017 Filing 1075 NOTICE by Plaintiffs' Counsel Of Filing Under Seal of Complaint (Attachments: #1 Exhibit Fourth Amended Provider Complaint, #2 Exhibit A to Complaint)(Whatley, Joe)
April 17, 2017 Filing 1074 MOTION to Amend/Correct #897 Amended Complaint with Subscriber Plaintiffs' Third Amended Consolidated Complaint by Plaintiffs' Counsel. (Attachments: #1 REDACTED Amended Complaint)(Guin, David)
April 17, 2017 Filing 1073 NOTICE by Plaintiffs' Counsel re #1051 MOTION for an Extension of the March 29, 2017 Deadline to Produce Non-Alabama Named Provider Plaintiffs' Discovery (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
April 17, 2017 Filing 1072 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel Subscriber Plaintiffs' Notice of Supplemental Authority Regarding the Filed Rate Summary Judgment Motions (Attachments: #1 Exhibit A)(Ragsdale, Barry)
April 14, 2017 Filing 1071 STATUS REPORT Joint Status Report Pursuant to Discovery Order 45 by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
April 14, 2017 Filing 1070 MOTION for Leave to File Amend by Plaintiffs' Counsel. (Attachments: #1 Exhibit Second Amended Class Action Complaint, #2 Certificate of Service)(Hatch, Robert)
April 14, 2017 Opinion or Order Filing 1069 TEXT ORDER re 1059 . The Discovery Conference set for Friday, April 21, 2017, will begin immediately following Judge Proctor's April Status Conference and caucuses. Signed by Magistrate Judge T Michael Putnam on April 14, 2017. (AMP)
April 14, 2017 Filing 1068 REPORT Regarding Proposed Agenda for Status Conference on April 21, 2017 by Special Master. (Gentle, Edgar)
April 12, 2017 Filing 1067 Subscriber Plaintiffs' REPLY in Support of #1046 Motion for Reconsideration of Order Regarding Filed Rate Summary Judgment Motions filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
April 7, 2017 Filing 1066 MOTION to Clarify Discovery Order No. 45 by Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
April 7, 2017 Filing 1065 Subscriber Plaintiffs' MOTION Concerning Certain Deposition Time Limitations by Plaintiffs' Counsel. (Hellums, Christopher) See Discovery order 46 Modified on 5/11/2017 (KAM, ).
April 7, 2017 Filing 1064 Provider Plaintiffs' MOTION for Order Directing Provider Plaintiffs and Subscriber Plaintiffs to Proceed on Separate Tracks for All Discovery Purposes by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
April 7, 2017 Filing 1063 Joint MOTION to Stay Discovery Deadlines in Discovery Order No. 44 by CIGNA Health and Life Insurance Company. (Weller, Christopher)
April 7, 2017 Filing 1062 NOTICE of Filing by Defendants' Counsel (Attachments: #1 Exhibit A)(Hoover, Craig)
April 6, 2017 Filing 1061 Opposition to #1046 Plaintiffs' MOTION for Reconsideration of Order Regarding Filed Rate Summary Judgment Motions filed by Defendants' Counsel. (Hoover, Craig)
April 6, 2017 Opinion or Order Filing 1060 TEXT ORDER re #1053 MOTION for Reconsideration of Discovery Order No. 44 #1040 or, Alternatively, to Enlarge the Deadline for Objecting to Such Order filed by Health Care Cost Institute, Inc.. Any response to the motion is due no later than Tuesday, April 18, 2017. Argument on the motion will be heard at the Discovery Status Conference set for Friday, April 21, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on April 6, 2017. (AMP)
April 6, 2017 Opinion or Order Filing 1059 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Friday, April 21, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on April 6, 2017. (AMP)
April 5, 2017 Filing 1058 Defendants' Rule 72 Objection to Discovery Order No. 44 by Defendants' Counsel. (Attachments: #1 Exhibit A)(Campbell, Andrew) Modified on 6/28/2017 (KAM, ).
April 5, 2017 Filing 1057 ***Document Sealed -Non-Party Humana Inc.'s Rule 72 Objection to Discovery Order No. 44. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (AVC)
April 5, 2017 Opinion or Order Filing 1056 TEXT ORDER-This matter is before the court on Subscriber Plaintiffs' Motion for Reconsideration of Order Regarding Filed Rate Summary Judgment Motions. #1046 Defendants' Response to the Motion is due on or before April 6, 2017. Any Reply by Subscriber Plaintiffs is due on or before April 12, 2017. Signed by Judge R David Proctor on 4/5/2017. (AVC)
April 5, 2017 Opinion or Order Filing 1055 TEXT ORDER-This matter is before the court on Non-Party Humana Inc.'s Motion to File Under Seal. #1054 Humana contends the Objection and an attachment contain proprietary and confidential business information regarding Humanas technical systems and IT infrastructure. Because it appears the material sought to be filed under seal relates to a discovery issue, rather than a merits issue, the Motion #1054 is GRANTED. Humana is granted leave to file its Rule 72 Objection and the Declaration of Heather Kolasinsky under seal. Signed by Judge R David Proctor on 4/5/2017. (AVC)
April 5, 2017 Filing 1054 MOTION to File Under Seal by Humana Inc.. (Turner, Sara)
April 5, 2017 Filing 1053 MOTION for Reconsideration of Discovery Order No. 44 #1040 or, Alternatively, to Enlarge the Deadline for Objecting to Such Order by Health Care Cost Institute, Inc. (Attachments: #1 Exhibit A)(Mays, Joseph)
April 3, 2017 Filing 1052 Subscriber Plaintiffs' NOTICE of Supplemental Authority in Advance of Economics Day II by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hellums, Christopher)
March 29, 2017 Filing 1051 MOTION for an Extension of the March 29, 2017 Deadline to Produce Non-Alabama Named Provider Plaintiffs' Discovery by Plaintiffs' Counsel. (Whatley, Joe)
March 27, 2017 Opinion or Order Filing 1050 DISCOVERY ORDER No. 45-Motion to Compel Production #1013 is GRANTED IN PART and DENIED IN PART as set out. The Motions for Extension of Time #1029 , #1030 , #1031 , #1033 , and #1034 are GRANTED. Signed by Magistrate Judge T Michael Putnam on 3/27/2017. (AVC)
March 24, 2017 Opinion or Order Filing 1049 ORDER SETTING APRIL STATUS CONFERENCE - Status Conference set for 4/21/2017 09:00 AM before Judge R David Proctor. On or before Friday, April 14, 2017, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference.The Special Master will provide a call in number for the conference.. Signed by Judge R David Proctor on 3/24/2017. (KAM, )
March 24, 2017 Filing 1048 RESPONSE to #1042 Status Report Regarding Non-Party Alabama Provider Discovery filed by Grandview Medical Center. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mays, Joseph)
March 24, 2017 Filing 1047 RESPONSE to Subscribers' Status Report on Production of Explanatory Information filed by Defendants' Counsel. (Attachments: #1 Exhibit 1)(Kimble, Cavender)
March 24, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 3/24/2017. (Court Reporter Sabrina Lewis) (ASL)
March 23, 2017 Filing 1046 Subscriber Plaintiffs' MOTION for Reconsideration of #998 Order Regarding Filed Rate Summary Judgment Motions by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
March 22, 2017 Filing 1045 STATUS REPORT Regarding Subscriber Plaintiffs' Position on Defendants' Motions to Extend the Time to Substantially Produce Non-Claims Structured Data by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
March 22, 2017 Opinion or Order Filing 1044 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENTfor services rendered and expenses incurred from January 1, 2017 through February 28, 2017 in this matter relating solely to services provided to the Plaintiffs, and totaling $65,600.00. Signed by Judge R David Proctor on 3/22/2017. (KAM)
March 22, 2017 Opinion or Order Filing 1043 ORDER APPROVING SPEICAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from January 1, 2017 through February 28, 2017 in this matter as it relates to services rendered for both sides of the case, and totaling $11,000.00. Signed by Judge R David Proctor on 3/22/2017. (KAM)
March 22, 2017 Filing 1042 STATUS REPORT Defendants Status Report Regarding Non-Party Alabama Provider Discovery by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #1 Exhibit Stenerson to Kelly re BCBSM Subpoena to Huntsville, #2 Exhibit Stenerson to Kelly re BCBSM Subpoena to Russellville, #3 Exhibit Stenerson to Kelly re BCBSM Subpoena to Grandview, #4 Exhibit Stenerson to Kelly re BCBSM Subpoena to Andrews, #5 Exhibit Stenerson to Kelly re BCBSM Subpoena to Dr. Waits, #6 Exhibit Brown to Stenerson re Waits Costs, #7 Exhibit Kelly to Stenerson re Huntsville Costs, #8 Exhibit Kelly to Stenerson re Russellville Costs, #9 Exhibit Mays to Stenerson re Grandview Costs, #10 Exhibit Stenerson to Kelly re Huntsville Invoice, #11 Exhibit Stenerson to Kelly re Russellville Invoice, #12 Exhibit Stenerson to Mays re Grandview Invoice, #13 Exhibit Stenerson to Brown re Waits & Cahaba Invoice, #14 Exhibit Stenerson to Wilson re Andrews Production Status)(Campbell, Andrew)
March 22, 2017 Filing 1041 Subscriber Plaintiffs' Update Regarding Motion to Compel Production of Explanatory Information Accompanying Structured Data by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
March 22, 2017 Opinion or Order Filing 1040 DISCOVERY ORDER No. 44. Signed by Magistrate Judge T Michael Putnam on 3/22/2017. (AVC)
March 21, 2017 Opinion or Order Filing 1039 ORDER SETTING INTERIM DEADLINE FOR THE PROVISIONOF SUPPLEMENTAL SEARCH TERM PROPOSALS-re: Motion to Compel the Provision of Supplemental Search Term Proposals #1028 . It is ORDERED that Section 7 of the Second Amended Discovery Order is AMENDED as set out. Signed by Judge R David Proctor on 3/21/2017. (AVC)
March 21, 2017 Filing 1038 Transcript of Proceedings held on 2/28/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number 205-278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/11/2017. Redacted Transcript Deadline set for 4/21/2017. Release of Transcript Restriction set for 6/19/2017. (JLC)
March 21, 2017 Filing 1037 Transcript of Proceedings held on 1/9/2017, before Judge T. Michael Putnam. Court Reporter/Transcriber Julie A. Martin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/11/2017. Redacted Transcript Deadline set for 4/21/2017. Release of Transcript Restriction set for 6/19/2017. (KAM, )
March 21, 2017 Filing 1036 NOTICE by Defendants' Counsel re #1028 MOTION to Compel the Provision of Supplemental Search Term Proposals (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
March 16, 2017 Opinion or Order Filing 1035 TEXT ORDER re #1033 MOTION for Extension of Time, and #1034 MOTION for Extension of Time. The parties are notified that these motions also are subject to the instructions set out in the Text Order dated March 15, 2017 1032 . Signed by Magistrate Judge T Michael Putnam on March 16, 2017. (AMP)
March 15, 2017 Filing 1034 MOTION for Extension of Time to Substantially Produce Non-Claims Structured Data (as to USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield) by Defendants' Counsel. (Naranjo, Michael)
March 15, 2017 Filing 1033 MOTION for Extension of Time to Substantially Produce Non-Claims Structured Data by California Physicians' Services by Defendants' Counsel. (Fronk, Casey)
March 15, 2017 Opinion or Order Filing 1032 TEXT ORDER. This matter is before the court on three motions to extend Judge Proctor's March 15, 2017 deadline to substantially complete production of non-claims structured data. #1029 #1030 #1031 . The parties SHALL continue their efforts to reach an agreement as to an extended deadline. On or before March 22, 2017, Plaintiffs SHALL file a report summarizing their position on the Motions, or a report on any agreement if one has been reached by that time. The parties also should be prepared to provide a report to the court on this issue at Judge Putnam's March 24, 2017 discovery conference. Signed by Magistrate Judge T Michael Putnam on March 15, 2017. (AMP, )
March 14, 2017 Filing 1031 First MOTION for Extension of Time to Substantially Complete Production of Non-Claims Structured Data (as to Hogan Lovells Plans and BCBS-MI) by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Hoover, Craig)
March 14, 2017 Filing 1030 MOTION for Extension of Time for the Production of Non-Claims Structured Data by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Briggs, John)
March 14, 2017 Filing 1029 MOTION for Extension of Time for BlueCross BlueShield of Tennessee to Produce Non-Claims Structured Data by Defendants' Counsel. (Miller, Margot)
March 13, 2017 Filing 1028 MOTION to Compel the Provision of Supplemental Search Term Proposals by Defendants' Counsel. (Attachments: #1 Exhibit A)(Hoover, Craig)
March 13, 2017 Opinion or Order Filing 1027 TEXT ORDER re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data. (Doc. 1013). After reviewing the defendants' production, plaintiffs are directed to update their motion to specify what explanatory information remains to be produced. The plaintiffs' update shall be filed no later than noon on Wednesday, March 22, 2017. The Hogan Lovells Defendants may respond to the plaintiffs' update no later than noon on March 24, 2017. Oral argument on the updated motion will be heard at the Discovery Conference set for Friday, March 24, 2017. Signed by Magistrate Judge T Michael Putnam on March 13, 2017. (AMP, )
March 10, 2017 Filing 1026 RESPONSE in Opposition re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (as to Hogan Lovells plans) filed by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hoover, Craig)
March 10, 2017 Filing 1025 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 10, 2017 Filing 1024 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 10, 2017 Filing 1023 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 9, 2017 Filing 1022 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 9, 2017 Filing 1021 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 9, 2017 Filing 1020 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 9, 2017 Filing 1019 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 8, 2017 Filing 1018 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data (Ragsdale, Barry)
March 8, 2017 Opinion or Order Filing 1017 TEXT ORDER-This matter is before the court on Defendants' Notice #1016 that document number 1010 and the exhibits thereto need not be sealed. The clerk of the court is directed to UNSEAL document number 1010 and the exhibits thereto. #1010 [1010-1] [1010-2] [1010-3] [1010-4]. Signed by Judge R David Proctor on 3/8/2017. (AVC)
March 7, 2017 Filing 1016 NOTICE (Letter) by Defendants' Counsel re #1010 Document Sealed Justification (Campbell, Andrew) Modified on 3/9/2017 (KAM, ).
March 3, 2017 Opinion or Order Filing 1015 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Friday, March 24, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on March 3, 2017. (AMP)
March 3, 2017 Opinion or Order Filing 1014 TEXT ORDER re #1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data filed by Plaintiffs' Liaison Counsel. Any response to the motion is due no later than March 10, 2017. Signed by Magistrate Judge T Michael Putnam on March 3, 2017. (AMP)
March 1, 2017 Filing 1013 Subscriber Plaintiffs' Motion to Compel Production of Explanatory Information Accompanying Structured Data by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Ragsdale, Barry)
March 1, 2017 Opinion or Order Filing 1012 ORDER AMENDING DISCOVERY ORDER No. 42-The deadline for discovery in the streamlined action is extended to 9/25/2017. Signed by Magistrate Judge T Michael Putnam on 3/1/2017. (AVC)
March 1, 2017 Opinion or Order Filing 1011 ORDER-The Motions to Quash Subpoenas #883 , #884 , #885 , #886 are MOOT without prejudice to the movant's ability to refile the motions, should attempts to reach an agreement fail. Signed by Magistrate Judge T Michael Putnam on 3/1/2017. (AVC)
February 28, 2017 Filing 1010 ***Document Sealed-Supplemental Filing in Support of Defendants' Motion to Compel Production of Documents and Data from Third-Party National Insurers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (AVC)
February 28, 2017 Filing 1009 Statement Regarding the Objecting Non-Party Alabama Providers' Responses to Provider Plaintiffs' Subpoenas filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Campbell, Andrew)
February 28, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 2/28/2017. (Court Reporter Sabrina Lewis) (ASL)
February 27, 2017 Filing 1008 Blue Cross Blue Shield of Alabama STATUS REPORT by Defendants' Counsel. (Malatesta, John)
February 27, 2017 Filing 1007 Subscriber Plaintiffs' STATUS REPORT by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
February 24, 2017 Filing 1006 Provider Plaintiffs' RESPONSE to #994 the Court's February 16, 2017 Order Regarding Non-Party Subpoenas filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
February 24, 2017 Filing 1005 Subscriber Plaintiffs' Position Paper Regarding Status of Discovery Requests From Third Party Insurers by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ragsdale, Barry)
February 24, 2017 Filing 1004 RESPONSE to Order Regarding Non-Party Subpoenas Issued by Provider Plaintiffs by Andrews Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
February 24, 2017 Filing 1003 MOTION to Compel Production of Documents and Data from Third-Party National Insurers by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Supplement Letter Brief)(Campbell, Andrew)
February 24, 2017 Filing 1002 SUBMISSION in Response to #994 the Court's Order filed by Grandview Medical Center. (Mays, Joseph)
February 24, 2017 Filing 1001 JOINT Opposition to #996 Motion to Compel and Joint Response to #995 Provider Plaintiffs' Status Report filed by AETNA, Inc., CIGNA Health and Life Insurance Company, Humana Inc., UnitedHealth Group Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Wells, H)
February 24, 2017 Filing 1000 RESPONSE to #994 Order Regarding Non-Party Subpoenas Issued by Provider Plaintiffs filed by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly, Jeffrey)
February 23, 2017 Opinion or Order Filing 999 ORDER UNSEALING CERTAIN DOCUMENTS; The Clerk of the Court is hereby directed to unseal the following documents and/or exhibits as set out herein: Document 685-2, Document 685-3, Document 729-1, Document 729-2, Document 729-7, Document 729-8, Document 729-9, Document 738, Documents 738-2 through Document 738-87, Document 771, and Documents 773-1 through 773-12. Signed by Judge R David Proctor on 2/23/2017. (JLC)
February 23, 2017 Opinion or Order Filing 998 ORDER GRANTING #733 AMENDED and RESTATED MOTION Based on Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims to the extent that the money damages claims of Plaintiffs CB Roofing, Inc. and American Electric Motor Service, Inc. against all Defendants are DISMISSED WITH PREJUDICE. In all other respects, the #733 Motion is DENIED, GRANTING #770 Cross MOTION for Partial Summary Judgment to the extent that the Filed Rate affirmative defense is UNAVAILABLE as a defense to the claims of any Subscriber Plaintiff who paid a rate that varied upward from the filed rate. In all other respects, the #770 Motion is DENIED in accordance with the #997 Memorandum Opinion entered contemporaneously herewith. Signed by Judge R David Proctor on 2/23/2017. (JLC)
February 23, 2017 Filing 997 MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/23/2017. (JLC)
February 17, 2017 Filing 996 ***Document Sealed -Motion to Compel Production of Documents and Data from Third-Party National Insurers. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 Part 1, #9 Exhibit 8 Part 2, #10 Exhibit 8 Part 3, #11 Exhibit 8 Part 4, #12 Exhibit 8 Part 5, #13 Exhibit 8 Part 6, #14 Exhibit 8 Part 7, #15 Exhibit 8 Part 8, #16 Exhibit 8 Part 9, #17 Exhibit 8 Part 10, #18 Exhibit 8 Part 11, #19 Exhibit 9, #20 Exhibit 10) (AVC)
February 17, 2017 Filing 995 Provider Plaintiffs' Status Report on Non-Party Insurers' Productions by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sheehan, Patrick)
February 16, 2017 Opinion or Order Filing 994 ORDER- re: Objections and Motions to Quash Subpoenas #883 , #884 , #885 , #886 . The provider plaintiffs and non-party movants are DIRECTED to file with the court, by 2/24/2017, briefs addressing why the subpoenas issued by the provider plaintiffs require a different ruling than what already was adjudicated in Discovery Order No. 34 #832 and Judge Proctor's Order Regarding Objections to Discovery Order No. 34 #955 . Oral argument on this issue and the motions will be heard at the Discovery Status Conference set for 2/28/2017 at 1:00p.m. Signed by Magistrate Judge T Michael Putnam on 2/16/2017. (AVC)
February 15, 2017 Opinion or Order Filing 993 ORDER AMENDING DISCOVERY ORDER No. 39-re: Motion for Extension of Time to Produce Non-Alabama Named Provider Plaintiffs' Discovery #983 . Discovery Order No. 39 is AMENDED: The provider pltfs are ORDERED to produce to the dfts unstructured and structured data requested from the non-Alabama named provider pltfs by 3/29/2017. The provider pltfs also are ORDERED to provide proposed custodians and search terms to the dfts by 2/22/2017. Signed by Magistrate Judge T Michael Putnam on 2/15/2017. (AVC)
February 14, 2017 Filing 992 RESPONSE to #983 Provider Plaintiffs' Motion for Extension of Time to Produce Non-Alabama Provider Plaintiffs' Discovery filed by Defendants' Counsel. (Zott, David)
February 14, 2017 Opinion or Order Filing 991 DISCOVERY ORDER No. 43-Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Eddie Harris for Deposition and for an Order Setting Parameters for Discovery Scheduling #973 is GRANTED. Blue Cross Blue Shield of Alabama is DIRECTED to produce all remaining documents related to Eddie Harris no later than 2/16/2017, and to make Mr. Harris available to sit for a deposition on 3/2/2017. Signed by Magistrate Judge T Michael Putnam on 2/14/2017. (AVC)
February 14, 2017 Filing 990 MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/14/2017. (AVC)
February 13, 2017 Opinion or Order Filing 989 SECOND AMENDED SCHEDULING ORDER-It is ORDERED that the schedule SHALL apply to the prioritized proceedings in American Electric Motor Services Inc. v. Blue Cross and Blue Shield of Alabama et al., Conway v. Blue Cross and Blue Shield of Alabama et al., and Pettus Plumbing & Piping, Inc., v. Blue Cross Blue Shield of Alabama et al. as set out. Pltf's Motion to Amend Scheduling Order #959 is GRANTED. Signed by Judge R David Proctor on 2/13/2017. (AVC)
February 10, 2017 Filing 988 RESPONSE to #973 Motion to Compel Production of Eddie Harris for Deposition and for an Order Setting Parameters for Discovery Scheduling filed by Defendants' Counsel. (Burkhalter, Carl)
February 10, 2017 Filing 987 RESPONSE #977 Plaintiffs' Status Report filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 10/21/2016 Brown Letter to Salomon, #2 Exhibit B - 2/6/2017 Brown Letter to Salomon)(Cottrell, Christa)
February 10, 2017 Opinion or Order Filing 986 ORDER SETTING STATUS MARCH CONFERENCE for 3/24/2017 at 09:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 3/20/2017, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. The Special Master will provide a call in number for the conference. Signed by Judge R David Proctor on 2/10/2017. (AVC)
February 9, 2017 Opinion or Order Filing 985 TEXT ORDER re #983 MOTION for Extension of Time to Produce Non-Alabama Named Provider Plaintiffs' Discovery. The defendants have until February 15, 2017, to notify the court whether the motion is opposed. Signed by Magistrate Judge T Michael Putnam on February 9, 2017. (AMP)
February 9, 2017 Opinion or Order Filing 984 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Tuesday, February 28, 2017, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on February 9, 2017. (AMP)
February 8, 2017 Filing 983 MOTION for Extension of Time to Produce Non-Alabama Named Provider Plaintiffs' Discovery by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whatley, Joe)
February 8, 2017 Opinion or Order Filing 982 TEXT ORDER-This matter is before the Court on Non-parties SK&A Information Services, Inc. and Quintiles IMS Incorporated, f/k/a IMS Health Incorporateds Motion for Leave to Withdraw Appearance. #980 The Motion #980 is GRANTED. The Clerk of Court is directed to terminate Non-parties SK&A Information Services, Inc. and Quintiles IMS Incorporated, f/k/a IMS Health Incorporated, as well as attorney Daniel R. Walworth. Signed by Judge R David Proctor on 2/8/2017. (AVC)
February 8, 2017 Opinion or Order Filing 981 TEXT ORDER-This matter is before the court on Defendants' Motion to Remove the Seal on their Response to Plaintiffs' Motion to Quash Subpoenas to Proposed Class Members. #979 The Motion #979 is GRANTED. The Clerk of the Court is directed to UNSEAL the unredacted version of Defendants' Response to Plaintiffs' Motion to Quash Subpoenas to Proposed Class Members. #951 In light of Defendant's Motion #979 , its earlier Motion to Maintain the Seal #947 is MOOT. Signed by Judge R David Proctor on 2/8/2017. (AVC)
February 7, 2017 Filing 980 MOTION to Withdraw as Attorney by Quintiles IMS Incorporated, f/k/a IMS Health Incorporated, SK&A Information Services, Inc.. (Attachments: #1 Text of Proposed Order)(Walworth, Daniel)
February 7, 2017 Filing 979 Defendants' MOTION to Remove the Seal on their #946 Response to Plaintiffs' Motion to Quash Subpoenas to Proposed Class Members by Defendants' Counsel. (Cottrell, Christa)
February 7, 2017 Opinion or Order Filing 978 TEXT ORDER re #973 MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Eddie Harris for Deposition and for an Order Setting Parameters for Discovery Scheduling filed by Plaintiffs' Counsel. Any response to the motion by Blue Cross Blue Shield of Alabama is due by February 10, 2017. Signed by Magistrate Judge T Michael Putnam on February 7, 2017. (AMP)
February 6, 2017 Filing 977 Provider Plaintiff's STATUS REPORT by Plaintiffs' Counsel. (Whatley, Joe)
February 6, 2017 Filing 976 REPLY in Support of #959 Motion to Amend Scheduling Order filed by Plaintiffs' Counsel. (Whatley, Joe)
February 3, 2017 Filing 975 CORRECTED Transcript of Proceedings held on 1/31/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (AVC)
February 3, 2017 Filing 974 Transcript of Proceedings held on 1/31/2017, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017. Release of Transcript Restriction set for 5/4/2017. (AVC)
February 1, 2017 Filing 973 MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Eddie Harris for Deposition and for an Order Setting Parameters for Discovery Scheduling by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
January 31, 2017 Opinion or Order Filing 972 DISCOVERY ORDER No. 42-The deadline for discovery in both the Multidistrict Litigation and the streamlined action is extended to 9/25/2017. Any remaining deadlines for filing will be set by the district judge. Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 31, 2017 Opinion or Order Filing 971 DISCOVERY ORDER No. 41-re: Motion for Clarification of Discovery Order No. 37 #952 . Blue Cross Blue Shield of Alabama is ORDERED to produce responsive documents from the sample set that are retrieved by search strings with a responsive rate of greater than 0% but less than 4%. Production of the documents shall be made by 2/24/2017. Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 31, 2017 Opinion or Order Filing 970 DISCOVERY ORDER No. 40-The Motion to Compel Anthem to Produce Documents Related to the Anthem-Cigna Merger Litigation #945 is GRANTED insofar as Anthem is ORDERED to produce the documents set out. Production is to be made by 2/20/2017. In all other respects, the motion is DENIED. Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 31, 2017 Opinion or Order Filing 969 DISCOVERY ORDER No. 39-The Motion to Compel Production of Documents from Non-Alabama Names Provider Plaintiffs #846 is GRANTED, and the provider plaintiffs are ORDERED to produce to the defendants unstructured and structured data by 3/1/2017. Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 31, 2017 Opinion or Order Filing 968 DISCOVERY ORDER No. 38- Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 31, 2017 Opinion or Order Filing 967 ORDER -Pursuant to the discussion at the Discovery Conference held on 1/24/2017, Subscriber Pltfs' Motion to Quash Third Party Subpoenas #920 is WITHDRAWN as set out in the Subscriber Pltfs' Reply Regarding Motion to Quash Absent Class Member Subpoenas #958 . Signed by Magistrate Judge T Michael Putnam on 1/31/2017. (AVC)
January 30, 2017 Filing 966 Transcript of Proceedings held on 1/24/2017, before Magistrate Judge T. Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number (205) 527-2958. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/20/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 4/30/2017. (AVC)
January 30, 2017 Filing 965 Certain Defendants' Opposition to #959 Motion to Amend Scheduling Order filed by Defendants' Counsel. (Sooy, Kathleen)
January 25, 2017 Filing 964 RESPONSE to #963 Plaintiffs' Notice of Supplemental Authority in Support of Plaintiffs' Motion to Compel Anthem to Produce Documents Related to the Anthem-Cigna Merger Litigation filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1)(Hoover, Craig)
January 24, 2017 Filing 963 NOTICE of Supplemental Authority in Support of #945 Plaintiffs' Motion to Compel Anthem to Produce Documents Related to the Anthem-Cigna Merger Litigation by Plaintiffs' Liaison Counsel.(Attachments: #1 Exhibit A)(Ragsdale, Barry)
January 24, 2017 Filing 962 NOTICE of Change of Address by Charles C Hunter (Hunter, Charles)
January 24, 2017 Opinion or Order Filing 961 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2016 through December 31, 2016 in this matter relating solely to services provided to the Plaintiffs, and totaling $50,800.00. Signed by Judge R David Proctor on 1/24/2017. (AVC)
January 24, 2017 Opinion or Order Filing 960 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from November 1, 2016 through December 31, 2016 in this matter as it relates to services rendered for both sides of the case, and totaling $10,000.00. Signed by Judge R David Proctor on 1/24/2017. (AVC)
January 24, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 1/24/2017; Motions #849 , #801 , #846 , #920 , #945 , #952 ; arguments by counsel; discovery status updates; hrg adj. (Court Reporter Lindy Fuller.) (ASL)
January 23, 2017 Filing 959 MOTION to Amend Scheduling Order by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
January 20, 2017 Filing 958 Subscriber Plaintiffs' Reply Regarding #920 Motion to Quash Absent Class Member Subpoenas filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
January 20, 2017 Filing 957 Provider Plaintiffs' Response to #950 Status Report of Third-Party Managed Care Companies filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Sheehan, Patrick)
January 20, 2017 Filing 956 Opposition to #945 Plaintiff's Motion to Compel Anthem to Produce Documents Related to the Anthem-Cigna Merger Litigation filed by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hoover, Craig)
January 20, 2017 Opinion or Order Filing 955 ORDER REGARDING OBJECTIONS TO DISCOVERY ORDER NO. 34- Nothing in Discovery Order No. 34 is either clearly erroneous or contrary to law. Dfts' Rule 72 Objection to Discovery Order No. 34 #845 is OVERRULED IN PART AND SUSTAINED IN PART. The non-party targets' Objections to Discovery Order No. 34 #851 - #853 are OVERRULED as not properly presented to the court. Dfts' Motion to Strike Grandview Medical Center's Brief in Support of its Appeal and Objection to Discovery Order No. 34 #912 is DENIED. Signed by Judge R David Proctor on 1/20/2017. (AVC)
January 19, 2017 Filing 954 STATUS REPORT for January 24, 2017 Discovery Conference by Defendants' Counsel. (Attachments: #1 Exhibit 1)(Hoover, Craig)
January 19, 2017 Filing 953 JOINT STATUS REPORT Regarding Schedule by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ragsdale, Barry)
January 18, 2017 Filing 952 MOTION for Clarification of Discovery Order No. 37 by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
January 18, 2017 Filing 951 ***Document Sealed -Response to Plaintiff's Motion to Quash Subpoenas to Proposed Class Members. (AVC)
January 17, 2017 Filing 950 STATUS REPORT of Third-Party Managed Care Companies filed by AETNA, Inc. (Wells, H)
January 17, 2017 Filing 949 JOINT STATUS REPORT on Non-Party Insurers Productions by Plaintiffs' Counsel. (Sheehan, Patrick)
January 17, 2017 Opinion or Order Filing 948 TEXT ORDER-This matter is SET for a telephone conference at 9:00 a.m. Central time on Tuesday, January 31, 2017, to discuss Economics Day part 2. The Special Master will provide a call in number for the conference. Signed by Judge R David Proctor on 1/17/2017. (AVC)
January 13, 2017 Filing 947 MOTION to Maintain the Seal on its Response to Plaintiffs' Motion to Quash Subpoenas to Proposed Class Members by Defendants' Counsel. (Cottrell, Christa)
January 13, 2017 Filing 946 RESPONSE to #920 Motion to Quash Subpoenas to Proposed Class Members Redacted filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Email Compilation re Subpoenas, #2 Exhibit F - 6/9/2016 Letter from Cottrell to Ragsdale, #3 Exhibit G - 6/14/2016 Letter from Ragsdale to Cottrell)(Cottrell, Christa)
January 12, 2017 Filing 945 MOTION to Compel Anthem to Produce Documents Related to the Anthem-Cigna Merger Litigation by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Whatley, Joe)
January 12, 2017 Opinion or Order Filing 944 ORDER-re: Unopposed Motion to Stay Deadlines for Responding to the Amended Complaints #942 . The Motion is GRANTED. It is hereby ORDERED that all deadlines set forth in the court's December 15 Order 915 are STAYED. Signed by Judge R David Proctor on 1/12/2017. (AVC)
January 11, 2017 Opinion or Order Filing 943 DISCOVERY ORDER No. 37-The Motion to Compel #847 is GRANTED. Signed by Magistrate Judge T Michael Putnam on 1/11/2017. (AVC)
January 11, 2017 Filing 942 Unopposed MOTION to Stay Deadlines for Responding to the Amended Complaints by Defendants' Counsel. (Hoover, Craig)
January 10, 2017 Filing 941 POST-HEARING Submission of Amended Proposed Order Granting Plaintiffs' Motion to Compel Blue Cross Blue Shield of Alabama to Produce Unstructured Data. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
January 9, 2017 Filing 940 Blue Cross Blue Shield of Alabama's REPLY to #939 Plaintiffs' Status Report Regarding Motion to Compel filed by Defendants' Counsel. (Malatesta, John)
January 9, 2017 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 1/9/2017 re #847 #849 MOTIONS; arguments by counsel; court's remarks; order to be entered; hrg adj (Court Reporter Julie Martin.) (ASL)
January 5, 2017 Filing 939 STATUS REPORT Regarding Motion to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Unstructured Data by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
January 5, 2017 Opinion or Order Filing 938 TEXT ORDER-This matter is before the court on the Motion of Certain Defendants for Certification Under 28 U.S.C. 1292(B) which was filed in the four pending Alabama actions ((1) Conway, et al., v. Blue Cross & Blue Shield of Alabama, et al., Case No. 2:12-cv-02169-RDP (N.D. Ala.); (2) American Electric Motor Services, Inc., et al., v. Blue Cross Blue Shield of Alabama, et al., Case No. 2:12-cv-02532-RDP (N.D. Ala.); (3) Pettus Plumbing & Piping, Inc. v. Blue Cross Blue Shield of Alabama, et al., Case No. 3:16-cv-00297-RDP (N.D. Ala.); and (4) Pearce, Bevill, Leesburg, Moore, P.C. v. Blue Cross Blue Shield of Alabama, et al., Case No. 2:16-cv-00464-RDP (N.D. Ala.)). A status conference to discuss the Motions is SET in Courtroom 7A immediately following the Special Discovery Status Conference before Judge Putnam on Monday, January 9, 2017. Signed by Judge R David Proctor on 1/5/2017. (AVC)
January 4, 2017 Filing 937 STATUS REPORT Regarding Plaintiffs' Motions to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Unstructured and Structured Data by Defendants' Counsel. (Malatesta, John)
January 3, 2017 Opinion or Order Filing 936 TEXT ORDER re 935 Order Setting Deadlines. The Order is WITHDRAWN as it relates to #924 Non-Party Sutter Health, Inc.'s Objections to Subpoena Duces Tecum and Subpoena for Rule 30(B)(6) Deposition. Signed by Magistrate Judge T Michael Putnam on January 3, 2017. (AMP)
January 3, 2017 Opinion or Order Filing 935 TEXT ORDER re #920 Subscriber Plaintiffs' Motion to Quash Third Party Subpoenas, and #924 Non-Party Sutter Health, Inc.'s Objections to Subpoena Duces Tecum and Subpoena for Rule 30(B)(6) Deposition. Any response to the motions is due no later than January 13, 2017. Any reply by the movants is due no later than January 20, 2017. Argument of the motions will be heard at the Discovery Conference set for Tuesday, January 24, 2017, by Order 928 dated December 27, 2016. Signed by Magistrate Judge T Michael Putnam on January 3, 2017. (AMP, )
January 3, 2017 Filing 934 Transcript of Proceedings held on December 19, 2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Margaret Wasmund, Telephone number 601-329-6113. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/24/2017. Redacted Transcript Deadline set for 2/3/2017. Release of Transcript Restriction set for 4/3/2017. (MRR, )
December 30, 2016 Opinion or Order Filing 933 TEXT ORDER -This matter is before the court on Grandview Medical Center's Motion to Extend Stay of Discovery Deadlines in Discovery Order No. 34. #931 The Motion #931 is GRANTED. The deadlines in Discovery Order No. 34 are STAYED pending a ruling on the appeals of that order. The court will address the deadlines in any ruling on the appeals. Signed by Judge R David Proctor on 12/30/2016. (AVC)
December 30, 2016 Filing 932 JOINDER in Motion to Extend Stay of Discovery Deadlines in Discovery Order No. 34 MOTION by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Kelly, Jeffrey)
December 29, 2016 Filing 931 MOTION to Extend Stay of Discovery Order Deadlines in Discovery Order No. 34 by Grandview Medical Center. (Mays, Joseph)
December 28, 2016 Opinion or Order Filing 930 TEXT ORDER. A Special Discovery Status Conference is SET for Monday, January 9, 2017, at 2:00 PM in COURTROOM 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on December 28, 2016. (AMP)
December 27, 2016 Filing 929 REPLY Brief filed by Defendant Defendants' Counsel re: #912 MOTION to Strike #901 Response in Opposition to Motion, Grandview Medical Center's Brief in Support of its Appeal and objection to Discovery Order No. 34 filed by Defendants' Counsel. (Campbell, Andrew)
December 27, 2016 Opinion or Order Filing 928 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (Doc. 229) shall be held on Tuesday, January 24, 2017, at 9:00 AM in COURTROOM 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Caucuses to follow. Parties are directed to file, jointly to the extent possible, proposed discovery deadlines no later than Wednesday, January 18, 2017. All other written submissions shall be governed by subsection II.D.2 of Discovery Order No. 1, as amended, unless otherwise ordered by the court. Signed by Magistrate Judge T Michael Putnam on December 27, 2016. (AMP, )
December 22, 2016 Opinion or Order Filing 927 ORDER denying #907 Motion for Order to Show Cause with regard to the dfts' intention to subpoena providers outside the state of Alabama. Signed by Magistrate Judge T Michael Putnam on 12/22/2016. (KAM, )
December 21, 2016 Opinion or Order Filing 926 ORDER in accordance with the memo opn entered contemporaneously, This case is before the court on five Motions to Dismiss (e.g., Docs. # 208, 210, 211, 212, 213, Case No. 2:12-cv-02169-RDP), based on personal jurisdiction and venue defenses, that have been filed in four pending Alabama actions; these Motions to Dismiss are DENIED. The court will address the denial of these Motions to Dismiss in subsequent orders in the appropriate related cas. Signed by Judge R David Proctor on 12/21/2016. (KAM, )
December 21, 2016 Filing 925 MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/21/2016. (KAM, )
December 21, 2016 Filing 924 RESPONSE to Discovery Request from Blue Cross Blue Shield Association by Sutter Health, Inc..(Sowatzka, Adam)
December 20, 2016 Filing 923 RESPONSE in Opposition re #912 MOTION to Strike #901 Response in Opposition to Motion, Grandview Medical Center's Brief in Support of its Appeal and objection to Discovery Order No. 34 filed by Grandview Medical Center. (Mays, Joseph)
December 19, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 12/19/2016. (Court Reporter Margaret Wasmund.) (ASL)
December 16, 2016 Filing 922 Subscriber Plaintiffs' Status Report for the December 19, 2016 Conference by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Jones, Megan)
December 16, 2016 Filing 921 Provider Plaintiffs' STATUS REPORT by Plaintiffs' Counsel. (Attachments: #1 Ex 1, #2 Ex 2, #3 Ex 3, #4 Ex 4, #5 Ex 5, #6 Ex 6)(Whatley, Joe)
December 16, 2016 Filing 920 ***WITHDRAWN, pursuant to Order #967 *** Subscriber Plaintiffs' Motion to Quash Third Party Subpoenas by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Text of Proposed Order)(Ragsdale, Barry) Modified on 1/31/2017 (AVC).
December 16, 2016 Filing 919 RESPONSE to Provider Plaintiffs' Motion for an Order to Show Cause filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 11/11/2016 Letter from Whatley to Bush)(Cottrell, Christa)
December 16, 2016 Filing 918 STATUS REPORT for December 19, 2016 Discovery Conference by Defendants' Counsel. (Attachments: #1 Exhibit 1)(Hoover, Craig)
December 15, 2016 Filing 917 JOINT STATUS REPORT Regarding Plaintiffs' Motions To Compel Defendant Blue Cross Blue Shield Of Alabama To Produce Unstructured And Structured Data by Defendants' Counsel. (Malatesta, John)
December 15, 2016 Filing 916 JOINT STATUS REPORT on Non-Party Insurers Productions by Plaintiffs' Counsel. (Sheehan, Patrick)
December 15, 2016 Opinion or Order Filing 915 TEXT ORDER- This matter is before the court on the parties' Unopposed Motion to Enlarge the Time for Responding to the Amended Complaints in the prioritized proceedings. #914 The Motion #914 is GRANTED. It is ORDERED as follows: On or before January 17, 2017, any motions to dismiss under Rule 12(b)(6) as well as motions to dismiss based on lack of personal jurisdiction and improper venue SHALL be filed; and on or before January 31, 2017 any answers to the amended complaints SHALL be filed. With respect to any Rule 12(b)(6) motions to dismiss filed on January 17, plaintiffs will have 30 days to file opposition briefs. Reply briefs will be due within 15 days. Any defendants that have preserved their jurisdictional defenses under the Stipulated Order dated September 9, 2016, continue to preserve such defenses. Signed by Judge R David Proctor on 12/15/2016. (AVC)
December 15, 2016 Filing 914 Unopposed MOTION to Enlarge the Time for Responding to the Amended Complaints by Defendants' Counsel. (Hoover, Craig)
December 14, 2016 Filing 913 RESPONSE to #846 Motion to Compel Production of Documents from Non-Alabama Named Provider Plaintiffs filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
December 14, 2016 Filing 912 MOTION to Strike #901 Grandview Medical Center's Brief in Support of Its Appeal and Objection to Discovery Order No. 34 by Defendants' Counsel. (Campbell, Andrew)
December 14, 2016 Filing 911 Consolidated REPLY in Support of #845 Rule 72 Objection to Discovery Order No. 34 filed by Defendants' Counsel. (Campbell, Andrew)
December 14, 2016 Filing 910 REPLY Brief in Support of #898 Appeal and Objection to Discovery Order No. 34 and in Response to Defendants' Appeal and Objection to Discovery Order No. 34 filed by Grandview Medical Center. (Mays, Joseph)
December 14, 2016 Filing 909 Provider Plaintiffs' NOTICE Regarding Motions to Quash Their Subpoenas and Request the Motions be Held in Abeyance by Plaintiffs' Counsel. (Brown, W)
December 14, 2016 Filing 908 REPLY in Support of Objections to and Appeal of Discovery Order No. 34 filed by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Kelly, Jeffrey)
December 9, 2016 Filing 907 MOTION for an Order to Show Cause by Plaintiffs' Counsel. (Attachments: #1 Ex-A, #2 Ex-B)(Whatley, Joe)
December 9, 2016 Opinion or Order Filing 906 ORDER REGARDING ECONOMICS DAY. Signed by Judge R David Proctor on 12/9/2016. (AVC)
December 9, 2016 Filing 905 Transcript of Proceedings held on 11/29/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/30/2016. Redacted Transcript Deadline set for 1/9/2017. Release of Transcript Restriction set for 3/9/2017. (AVC)
December 8, 2016 Filing 904 Defendants' Supplemental Brief in Support of Their Amended and Restated Motion on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims and in Opposition to Subscribers' Cross Motion for Partial Summary Judgment on filed by Defendants' Counsel. (Attachments: #1 Exhibit)(Hoover, Craig)
December 8, 2016 Filing 903 Subscriber Plaintiffs' Post-Hearing Brief on the Filed Rate Doctrine by Plaintiffs' Counsel. (Ragsdale, Barry)
December 7, 2016 Filing 902 RESPONSE on Non-Party to #845 Defendants' Rule 72 Objection to Discovery Order No. 34 filed by Andrews Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
December 7, 2016 Filing 901 BRIEF in Support of its Appeal and Objection to Discovery Order No. 34 and in Response to Defendants' Appeal and Objection to Discovery Order No. 34 filed by Grandview Medical Center. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Mays, Joseph)
December 7, 2016 Filing 900 RESPONSE to #845 Defendants' Appeal of Discovery Order No. 34 filed by John B. Waits. (Brown, W)
December 7, 2016 Filing 899 Non-Party RESPONSE to #845 Defendants' Rule 72 Objection to Discovery Order No. 34 filed by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly, Jeffrey)
December 7, 2016 Filing 898 CONSOLIDATED Response to the Objecting Providers' Rule 72 Objections filed by Defendants' Counsel. (Campbell, Andrew)
December 7, 2016 Filing 897 Subscriber Track Second AMENDED Consolidated Class Action Complaint against All Defendants, filed by Plaintiffs' Counsel.(Guin, David)
December 6, 2016 Filing 896 Transcript of Proceedings held on 11/30/2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/27/2016. Redacted Transcript Deadline set for 1/6/2017. Release of Transcript Restriction set for 3/6/2017. (Attachments: #1 certification page) (AVC)
December 5, 2016 Opinion or Order Filing 895 TEXT ORDER-The court's September 13, 2016 order, #757 , setting the Economics Day status conference is AMENDED as follows: the status conference is SET for 9:00 a.m. (CST) on December 20, 2016 in CR 8. Signed by Judge R David Proctor on 12/5/2016. (AVC)
December 2, 2016 Filing 894 Subscriber Plaintiffs' Notice of Correction Regarding Narrowed Discovery Requested from Third Party Insurance Companies by Plaintiffs' Counsel. (Ragsdale, Barry)
December 2, 2016 Opinion or Order Filing 893 ORDER -Pursuant to discussion at the Discovery Conference held on November 30, 2016, Provider Plaintiffs' Motion to Compel Nonparties SK&A Information Services, Inc., and IMS Health, Inc. #799 and Subscriber Plaintiffs' Motion to Compel Defendants' Production of Non-Claims Structured Data. #848 , are WITHDRAWN. Signed by Magistrate Judge T Michael Putnam on 2/2/2016. (AVC)
December 2, 2016 Opinion or Order Filing 892 ORDER - re: Motion to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Documents #847 and Motion to Compel Defendants' Production of Structured Data #849 . The parties are DIRECTED to meet and confer and file with the court a joint status report (or, if the parties cannot agree, separate reports may be filed) concerning the status of the motions no later than 12/15/2016. Signed by Magistrate Judge T Michael Putnam on 12/2/2016. (AVC)
December 2, 2016 Opinion or Order Filing 891 ORDER-In light of the pending Rule 72 appeal of Discovery Order No. 34[ 832], the Motion for Clarification #836 is DENIED. The Motion to Stay Discovery Deadlines in Discovery Order No. 34 #866 , along the Joinders [567, #571 , #872 IS GRANTED IN PART. All deadlines set out in Discovery Order No. 34 are STAYED for a period of 30 days. Signed by Magistrate Judge T Michael Putnam on 12/2/2016. (AVC)
December 2, 2016 Opinion or Order Filing 890 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Monday, December 19, 2016, at 2:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on December 2, 2016. (AMP)
December 2, 2016 Opinion or Order Filing 889 TEXT ORDER re #887 Discovery Order No. 35. This Order was erroneously filed as Discovery Order No. 35. Document #887 is the 36th discovery order and will hereinafter be referred to as Discovery Order No. 36. Signed by Magistrate Judge T Michael Putnam on December 2, 2016. (AMP)
December 1, 2016 Opinion or Order Filing 888 TEXT ORDER-The court has been made aware that the parties might like the opportunity for supplemental briefing on the Filed Rate Motions. To the extent the parties wish to submit additional briefing on the Filed Rate Motions, any such briefing shall be submitted simultaneously on or before Thursday, December 8, 2016, and shall be limited to ten pages. Signed by Judge R David Proctor on 12/1/2016. (AVC)
December 1, 2016 Opinion or Order Filing 887 DISCOVERY ORDER No. 36. (See Text Order doc# 889) Signed by Magistrate Judge T Michael Putnam on 12/1/2016. (AVC)
November 30, 2016 Filing 886 OBJECTION and MOTION to Quash Provider Plaintiff Subpoenas by Andrews Sports Medicine and Orthopaedic Center, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wilson, Benjamin)
November 30, 2016 Filing 885 OBJECTION to and Motion to Quash Subpoena Issued by Provider Plaintiffs by Grandview Medical Center. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Mays, Joseph)
November 30, 2016 Filing 884 OBJECTIONS AND MOTION to Quash Subpoenas by Russellville Hospital, Inc. (Kelly, Jeffrey)
November 30, 2016 Filing 883 OBJECTIONS AND MOTION to Quash Subpoenas by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
November 30, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference held on 11/30/2016; discovery status updates; arguments by counsel on motions docs #847 , #849 , #800 , #801 ; hrg adj. (Court Reporter Teresa Roberson.) (ASL)
November 29, 2016 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 11/29/2016. (Court Reporter Leah Turner.) (KLL)
November 28, 2016 Filing 882 BCBSAL's RESPONSE to #847 Plaintiffs' Motion to Compel Unstructured and Structured Data filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
November 28, 2016 Filing 881 Supplemental Statement of Position regarding Plaintiffs' Motions to Compel filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew)
November 28, 2016 Filing 880 Subscriber Plaintiffs' Response to Defendants' Status Report Regarding Plaintiffs' Productions by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
November 28, 2016 Opinion or Order Filing 879 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT, for payment for services rendered and expenses incurred from September 1, 2016 through October 31, 2016 in this matter as it relates to services rendered for both sides of the case, and totaling $5,000.00. Signed by Judge R David Proctor on 11/28/2016. (AVC)
November 28, 2016 Opinion or Order Filing 878 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT, for payment for services rendered and expenses incurred from September 1, 2016 through October 31, 2016 in this matter relating solely to services provided to the Plaintiffs, and totaling $53,000.00. Signed by Judge R David Proctor on 11/28/2016. (AVC)
November 28, 2016 Filing 877 Subscriber Plaintiffs' NOTICE Regarding Motion to Compel Defendants' Production of Non-Claims Structured Data by Plaintiffs' Counsel. (Ragsdale, Barry)
November 23, 2016 Filing 876 Provider Plaintiffs' REPLY in Support of their #800 Motion to Compel Health Care Cost Institute, Inc. filed by Plaintiffs' Counsel. (Whatley, Joe)
November 23, 2016 Filing 875 Provider Plaintiffs' REPLY in Support of their #801 Motion to Compel Non-Party Insurers to Produce Certain Documents and Data filed by Plaintiffs' Counsel. (Whatley, Joe)
November 23, 2016 Filing 874 Subscriber Plaintiff's Notice Regarding Motion to Compel Defendants' Production of Non-claims Structured Data by Plaintiffs' Counsel. (Ragsdale, Barry)
November 23, 2016 Opinion or Order Filing 873 TEXT ORDER -This matter is before the court on the Interested Parties' Joint Proposed Briefing Schedule. #870 The request for the proposed Briefing Schedule #870 is GRANTED. The parties submitting the Joint Proposed Briefing Schedule shall file any response briefs on or before December 7, 2016. Reply briefs shall be filed on or before December 14, 2016. Signed by Judge R David Proctor on 11/23/2016. (AVC)
November 23, 2016 Filing 872 JOINDER in #866 Motion to Stay Discovery Deadlines in Discovery Order No. 34 filed by John B. Waits. (Brown, W)
November 22, 2016 Filing 871 JOINDER in #866 Motion to Stay Discovery Deadlines Set Forth in Discovery Order No. 34 filed by Andrews Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
November 22, 2016 Filing 870 Joint Proposed Briefing Schedule for the Rule 72 Appeals of Discovery Order No. 34 by Blue Cross Blue Shield of Michigan. (Attachments: #1 Text of Proposed Order)(Campbell, Andrew)
November 22, 2016 Opinion or Order Filing 869 TEXT ORDER -This matter is before the court on Subscriber Plaintiffs' Motion to Amend the Subscriber Track Consolidated Class Action Complaint. #843 The Motion #843 is GRANTED. Subscriber Plaintiffs are directed to file the proposed Subscriber Track Consolidated Class Action Complaint with the Clerk of the Court. Signed by Judge R David Proctor on 11/22/2016. (AVC)
November 22, 2016 Filing 868 RESPONSE to #836 Motion for Clarification of Discovery Order No. 34 filed by Blue Cross Blue Shield of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Campbell, Andrew)
November 22, 2016 Filing 867 JOINDER in #866 Motion to Stay Discovery Deadlines in Discovery Order 34 filed by Grandview Medical Center. (Mays, Joseph)
November 22, 2016 Filing 866 MOTION to Stay Discovery Deadlines in Discovery Order No. 34 by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly, Jeffrey)
November 22, 2016 Filing 865 NOTICE of Appearance by Erik F Benny on behalf of Defendants' Counsel (Benny, Erik)
November 21, 2016 Filing 864 NOTICE of Change of Address by Michael J. Fleming (Fleming, Michael)
November 17, 2016 Filing 863 Non-Party Opposition to #801 Provider Plaintiffs' Motion for an Order to Compel filed by CIGNA Health and Life Insurance Company. (Attachments: #1 List of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Weller, Christopher)
November 17, 2016 Filing 862 MOTION for Admission Pro Hac Vice Admission of Michelle S. Kallen by CIGNA Health and Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weller, Christopher)
November 17, 2016 Filing 861 MOTION for Admission Pro Hac Vice of Christopher W. Weller by CIGNA Health and Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weller, Christopher)
November 17, 2016 Filing 860 NOTICE of Appearance by Christopher W Weller on behalf of CIGNA Health and Life Insurance Company (Weller, Christopher)
November 17, 2016 Filing 859 Non-Party Objection to #800 Provider Plaintiffs' Motion to Compel filed by Health Care Cost Institute, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mays, Joseph)
November 17, 2016 Filing 858 Non-Party RESPONSE to #801 Provider Plaintiffs' Motion to Compel filed by UnitedHealth Group Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Gray, William)
November 17, 2016 Filing 857 Non-Party Opposition to #801 Provider Plaintiffs' Motion to Compel Production of Certain Documents and Data filed by AETNA, Inc. (Attachments: #1 Affidavit Declaration of Joshua Lipton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Wells, H)
November 17, 2016 Filing 856 RESPONSE of Non-Party in Opposition to #801 Provider Plaintiffs' Motion to Compel filed by Humana Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Turner, Sara)
November 17, 2016 Opinion or Order Filing 855 TEXT ORDER-The court is in receipt of a number of objections to Discovery Order No. 34. Interested parties are directed to confer and, on or before November 22, 2016, file with the court of a joint proposed briefing schedule on the objections. Signed by Judge R David Proctor on 11/17/2016. (AVC)
November 17, 2016 Filing 854 REPORT Regarding Proposed Agenda for Status Conference and Hearing on November 29, 2016 by Special Master. (Gentle, Edgar)
November 17, 2016 Filing 853 0BJECTION and APPEAL of Discovery Order No. 34 #832 by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Knox, George)
November 16, 2016 Filing 852 OBJECTION and Appeal of Discovery Order 34 #832 by Andrews Sports Medicine and Orthopaedic Center, LLC.(Wilson, Benjamin)
November 16, 2016 Filing 851 OBJECTION and Appeal of Discovery Order No. 34 #832 by Grandview (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Mays, Joseph)
November 16, 2016 Filing 850 STATUS REPORT Regarding Plaintiffs Productions by Defendants' Counsel. (Zott, David)
November 16, 2016 Filing 849 Subscriber Plaintiffs' MOTION to Compel Defendants' Production of Structured Data by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
November 16, 2016 Filing 848 Subscriber Plaintiffs' MOTION to Compel Defendants' Production of Non-claims Structured Data by Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ragsdale, Barry)
November 16, 2016 Filing 847 MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Documents by Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Ragsdale, Barry)
November 16, 2016 Filing 846 MOTION to Compel Production of Documents from Non-Alabama Named Provider Plaintiffs by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Hoover, Craig)
November 16, 2016 Filing 845 RULE 72 Objection to Discovery Order No. 34 #832 by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Campbell, Andrew)
November 16, 2016 Filing 844 Provider Plaintiffs' NOTICE of Withdrawal of their Motion to Compel Nonparties SK&A Information Services, Inc. and IMS Health, Inc., to Produce Documents Without Prejudice #799 by Plaintiffs' Counsel.(Whatley, Joe)
November 14, 2016 Filing 843 Subscriber Plaintiffs' Motion to Amend the Subscriber Track Consolidated Class Action Complaint by Plaintiffs' Counsel. (Attachments: #1 Proposed Second Amended Consolidated Class Action Complaint)(Guin, David)
November 14, 2016 Filing 842 MOTION for Leave to Appear Pro Hac Vice of Joshua Lipton by AETNA, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wells, H)
November 14, 2016 Opinion or Order Filing 841 ORDER-At the request of the parties, the briefing schedule issued by the court on October 26, 2016 #812 is AMENDED: Responses by non-parties to the provider plaintiffs' motions to compel are due by 11/17/2016. Reply briefs, if any, by the provider plaintiffs are due by 11/23/2016. Any oral argument on the motions will be heard at the Discovery Status Conference set for Wednesday, 11/30/2016. Signed by Magistrate Judge T Michael Putnam on 11/14/2016. (AVC)
November 14, 2016 Opinion or Order Filing 840 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Wednesday, November 30, 2016, at 9:00 a.m. in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on November 14, 2016. (AMP)
November 14, 2016 PHV Fee paid: $ 50, receipt number 1126-2738149. (Wells, H)
November 11, 2016 Filing 839 JOINT SURREPLY Brief in Opposition to Subscriber Plaintiffs' Cross Motion for Partial Summary Judgment filed by Defendants' Counsel. (Attachments: #1 Attachment A)(Priester, James)
November 8, 2016 Filing 838 (Corrected) Subscriber Plaintiffs' (1) Consolidated Reply Memorandum of Law in Support of Their Cross-Motion for Partial Summary Judgment and (2) Submission of Summary Report of BCBSAL's Rate-Filing Illegality filed by Plaintiffs' Liaison Counsel (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 8, 2016 Filing 837 NOTICE of Change of Firm Affiliation by Plaintiffs' Counsel. (Clemon, U)
November 8, 2016 Filing 836 MOTION for Clarification of Discovery Order No. 34 by Health Care Authority of the City of Huntsville. (Knox, George)
November 4, 2016 Filing 835 Subscriber Plaintiffs' (1)Consolidated Reply Memorandum of Law in Support of Their Cross-Motion for Partial Summary Judgment and (2) Submission of Summary Report of BCBSAL's Rate-Filing Illegality filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
November 2, 2016 Opinion or Order Filing 834 TEXT ORDER withdrawing #798 Motion to Compel. Provider Plaintiffs have withdrawn this motion as to all defendants. (Docs. 820, 831). Signed by Magistrate Judge T Michael Putnam on November 2, 2016. (AMP)
November 2, 2016 Opinion or Order Filing 833 DISCOVERY ORDER No. 35. Signed by Magistrate Judge T Michael Putnam on 11/2/2016. (AVC)
November 2, 2016 Opinion or Order Filing 832 DISCOVERY ORDER No. 34. Signed by Magistrate Judge T Michael Putnam on 11/2/2016. (AVC)
November 2, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 11/2/2016. (Court Reporter Sabrina Lewis.) (ASL)
November 1, 2016 Filing 831 Provider Plaintiffs' Supplemental Notice of Withdrawal of Motion to Compel Production of Provider Reimbursement Data by Plaintiffs' Counsel. (Whatley, Joe)
October 31, 2016 Filing 830 NOTICE of Filing by Plaintiffs' Liaison Counsel (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 829 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 828 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 827 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 826 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit A to Attachment A, #3 Exhibit B to Attachment A, #4 Exhibit C to Attachment A)(Ragsdale, Barry)
October 31, 2016 Filing 825 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 824 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit A to Attachment A)(Ragsdale, Barry)
October 31, 2016 Filing 823 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 31, 2016 Filing 822 NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A)(Ragsdale, Barry)
October 28, 2016 Filing 821 RESPONSE to #798 Provider Plaintiffs' Motion to Compel Production of Provider Reimbursement Data filed by Defendants' Counsel. (Arizmendi, Sylvia)
October 28, 2016 Filing 820 Provider Plaintiffs' NOTICE Regarding Motion to Compel Production of Provider Reimbursement Data by Plaintiffs' Counsel. (Whatley, Joe)
October 28, 2016 Filing 819 Opposition to #798 Provider Plaintiffs' Motion to Compel Production of Provider Reimbursement Data filed by California Physicians' Service, Inc. d/b/a Blue Shield of California. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Fronk, Casey)
October 28, 2016 Filing 818 RESPONSE to #797 Subscriber Plaintiffs' Status Report Regarding Privilege Logs filed by Defendants' Counsel. (Burkhalter, Carl)
October 28, 2016 Filing 817 STATEMENT of Position Regarding Plaintiffs' Motions to Compel filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew)
October 28, 2016 Filing 816 RESPONSE to #797 Subscriber Plaintiffs' Status Report Regarding Privilege Logs filed by Defendants' Counsel. (Zott, David)
October 28, 2016 Opinion or Order Filing 815 ORDER REGARDING SUBSCRIBER PLAINTIFFS' OBJECTION TODISCOVERY ORDER NO. 33-Subsciriber Plaintiffs' Rule 72 Objections to Discovery Order No. 33 #763 are OVERRULED as set out. Signed by Judge R David Proctor on 10/28/2016. (AVC)
October 28, 2016 Filing 814 MOTION for Limited Admission by Humana Inc.. (Attachments: #1 t Exhibit A, #2 Exhibit B)(Turner, Sara)
October 27, 2016 Opinion or Order Filing 813 ORDER -The Motion Subscriber Plaitniffs' Motion to Add Court Filings to the Clerk's Docket #794 is GRANTED, and Subscriber Plaintiffs are DIRECTED to file the documents reference in their Motion on the docket. Any further justification of a filing under seal SHALL be filed on the court docket rather than e-mailed to chambers. Signed by Judge R David Proctor on 10/27/2016. (AVC)
October 26, 2016 Opinion or Order Filing 812 ORDER -re: Motions to Compel non-parties to respond to subpoenas #799 , #800 , #801 . Responses by the non-parties are due by 11/14/2016. The provider plaintiffs may file a reply by 11/18/2016. The motions for extension of time to respond to the motions to compel #806 , #808 , #809 , #811 are GRANTED IN PART and DENIED IN PART. All non-parties addressed in the provider plaintiffs' motions to compel are ORDERED to adhere to the briefing scheduled as set out. Signed by Magistrate Judge T Michael Putnam on 10/26/2016. (AVC)
October 26, 2016 Filing 811 Consent MOTION of Non-Parties SK&A Information Services Inc. and Quintiles IMS Incorporated for an Extension of the Deadline to Respond by Quintiles IMS Incorporated, f/k/a IMS Health Incorporated, SK&A Information Services, Inc. (Attachments: #1 Text of Proposed Order)(Walworth, Daniel)
October 26, 2016 Filing 810 NOTICE of Appearance by Daniel R Walworth on behalf of SK&A Information Services, Inc., Quintiles IMS Incorporated, f/k/a IMS Health Incorporated (Walworth, Daniel)
October 25, 2016 Filing 809 Opposed MOTION for Extension of Deadline to Respond to Provider Plaintiffs' Motion #801 by Humana Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Turner, Sara)
October 25, 2016 Filing 808 MOTION for an Extension of the Deadline to Respond by AETNA, Inc.. (Attachments: #1 Proposed Order)(Wells, H)
October 25, 2016 Filing 807 JOINT STATUS REPORT Regarding Amended Scheduling Order by Defendants' Counsel. (Hoover, Craig)
October 25, 2016 Filing 806 Opposed MOTION for an Extension of the Deadline to Respond by UnitedHealth Group Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order Proposed Order)(Gray, William)
October 21, 2016 Filing 805 JOINT REPLY Brief in Support of Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment of the Alabama Subscribers' Damages Claims and Joint Brief in Opposition to Subscribers' Cross Motion for Partial Summary Judgment filed by Defendants' Counsel. (Priester, James)
October 21, 2016 Filing 804 Subscriber Plaintiffs' REPLY Brief in Support of Rule 72 Objections to Discovery Order No. 33 filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
October 20, 2016 Opinion or Order Filing 803 ORDER-re: Motion for Summary Judgment filed by Defendants National Account Service Company, LLC and Consortium Health Plans, Inc. #658 . For the reasons stated in the Memorandum Opinion #802 , the Motion for Summary Judgment is GRANTED. The court will address in subsequent orders in the appropriate related cases the dismissal of NASCO and CHP from those actions and this MDL. Signed by Judge R David Proctor on 10/20/2016. (AVC)
October 20, 2016 Filing 802 MEMORANDUM OPINION. Signed by Judge R David Proctor on 10/20/2016. (AVC)
October 19, 2016 Filing 801 Provider Plaintiffs' MOTION for an Order Compelling Non-Party Insurers to Produce Certain Documents and Data or Setting a Schedule for Resolution of the Underlying Issues on an Expedited Basis by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
October 19, 2016 Filing 800 Provider Plaintiffs' MOTION to Compel Nonparty Health Care Cost Institute, and Memorandum in Support by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Whatley, Joe)
October 19, 2016 Filing 799 Provider Plaintiffs' MOTION to Compel NonParties SK&A Information Services and IMS Health, Inc. and Memorandum in Support by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Whatley, Joe)
October 19, 2016 Filing 798 Provider Plaintiffs' MOTION to Compel Defendants to Produce Provider Reimbursement Data by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Whatley, Joe)
October 19, 2016 Filing 797 Subscriber Plaintiffs' STATUS REPORT Regarding Privilege Log Issues With Blue Cross Blue Shield of Alabama and Blue Cross Blue Shield Association by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
October 18, 2016 Opinion or Order Filing 796 ORDER UNSEALING OSTLUND AND CARDEN DEPOSITION TRANSCRIPTS-Subscriber Plaintiffs' Motion to Unseal Alabama Department of Insurance Deposition Transcript #719 is GRANTED. Both the Ostlund and the Carden depositions will be unsealed. The Clerk is directed to unseal (doc# 738-58, doc# 773-11, and doc# 773-10). Signed by Judge R David Proctor on 10/18/2016. (AVC)
October 18, 2016 Opinion or Order Filing 795 ORDER REGARDING DEFENDANTS' OBJECTION TO DISCOVERY ORDER NO. 26 -re: #663 . The Dft's Objections are OVERRULED with one exception. In an effort to promote judicial economy and overall efficiency, the procedures adopted in Discovery Order 26, as modified #641 and #713 are FURTHER MODIFIED as set out. Signed by Judge R David Proctor on 10/18/2016. (AVC)
October 17, 2016 Filing 794 Subscriber Plaintiffs' MOTION To Add Court Filings to Clerk's Docket by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
October 17, 2016 Filing 793 RESPONSE to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No. 33 filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 B)(Burkhalter, Carl)
October 17, 2016 Opinion or Order Filing 792 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Wednesday, November 2, 2016, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL, before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2. of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on October 17, 2016. (AMP)
October 13, 2016 Opinion or Order Filing 791 ORDER-re: Joint Seal Team Report. The Clerk is DIRECTED to unseal the documents as set out. Signed by Judge R David Proctor on 10/13/2016. (AVC)
October 12, 2016 Opinion or Order Filing 790 ORDER -This matter is before the court on the October 7, 2016 Seal Team Reports from Subscriber Plaintiffs and from Defendants. In light of the matters contained within those reports, the Clerk is directed to unseal the documents as set out. Signed by Judge R David Proctor on 10/12/2016. (AVC)
October 11, 2016 Opinion or Order Filing 789 TEXT ORDER-This matter is before the court on Subscriber Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to Discovery Order 33. #782 In light of the recently-filed Joint Motion to Amend/Correct Response to Motion to Set Briefing Schedule on Rule 72 Objections to Discovery Order No.33 #788 , it is ORDERED as follows: Subscriber Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to Discovery Order 33 #782 is GRANTED IN PART. The Joint Motion to Amend/Correct Response to Motion to Set Briefing Schedule on Rule 72 Objections to Discovery Order No.33 #788 is GRANTED. BCBS-ALs response to Subscriber Plaintiffs Rule 72 Objections to Discovery Order No. 33 is due on or before October 17, 2016 at 5:00 P.M. CDT. Any reply is due on or before October 21, 2016. Signed by Judge R David Proctor on 10/11/2016. (AVC)
October 11, 2016 Filing 788 Joint MOTION to Correct Response to Motion to Set Briefing Schedule on Rule 72 Objections to Discovery Order No.33 by Defendants' Counsel. (Burkhalter, Carl)
October 10, 2016 Filing 787 JOINT STATUS REPORT Regarding Amended Scheduling Order by Defendants' Counsel. (Hoover, Craig)
October 10, 2016 Filing 786 RESPONSE #782 Subscriber Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to Discovery Order 33 filed by Defendants' Counsel. (Burkhalter, Carl)
October 7, 2016 Opinion or Order Filing 785 TEXT ORDER-This matter is before the court on an informal request by BCBSAL to extend the deadline to respond to Subscriber Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to Discovery Order 33 #782 . The request is GRANTED. BCBSAL SHALL respond to the Motion #782 on or before October 10, 2016. Signed by Judge R David Proctor on 10/7/2016. (AVC)
October 7, 2016 Filing 784 NOTICE of Filing Revised Redacted Exhibit to Motion for Summary Judgment by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Revised Redacted Transcript)(Zott, David)
October 7, 2016 Opinion or Order Filing 783 TEXT ORDER-This matter is before the court on Subscriber Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to Discovery Order 33. #782 While the parties are encouraged to continue efforts to reach a mutually agreeable resolution of this issue, BCBSAL SHALL respond to the Motion #782 on or before October 7, 2016. Signed by Judge R David Proctor on 10/7/2016. (AVC)
October 6, 2016 Filing 782 Subscriber Plaintiff's MOTION to Set a Schedule for Briefing of Their Objections to Discovery Order 33 by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
October 6, 2016 Opinion or Order Filing 781 ORDER -The Clerk is directed to unseal the documents and/or exhibits to the Provider Plaintiffs' Memorandum of Law in Opposition to NASCO and CHP's Motion for Summary Judgment #689 as set out. The court recognizes that Defendants NASCO and CHP's Motion for Summary #658 was filed before this court's most recent sealing procedures went into effect. However, the court ORDERS that, by 10/14/2016, any party seeking to maintain the seal on these exhibits filed under seal in connection with the motion for summary judgment #659 SHALL provide the court with a justification for maintaining the documents under seal. Signed by Judge R David Proctor on 10/6/2016. (AVC)
October 3, 2016 Filing 780 Transcript of Proceedings held on 9/27/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/24/2016. Redacted Transcript Deadline set for 11/3/2016. Release of Transcript Restriction set for 1/1/2017. (AVC)
September 28, 2016 Opinion or Order Filing 779 TEXT ORDER. At the request of the parties, the Discovery Status Conference previously set for September 28, 2016, (doc. 748 ) is CANCELLED. Signed by Magistrate Judge T Michael Putnam on September 28, 2016. (AMP)
September 27, 2016 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 9/27/2016. (Court Reporter Leah Turner.) (KLL)
September 26, 2016 Filing 778 Subscriber Plaintiffs' Supplemental Memorandum to Unseal the Carden and Ostlund Depositions. (Ragsdale, Barry)
September 26, 2016 Opinion or Order Filing 777 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2016 through August 31, 2016 in this matter as it relates to services rendered for both sides of the case, and totaling $7,000.00. Signed by Judge R David Proctor on 9/26/2016. (AVC)
September 26, 2016 Opinion or Order Filing 776 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2016 through August 31, 2016 in this matter relating solely to services provided to the Plaintiffs, and totaling $46,000.00. Signed by Judge R David Proctor on 9/26/2016. (AVC)
September 23, 2016 Filing 775 Evidentiary Submission in Support of Subscriber Plaintiffs' Consolidated Memorandum of Law in Opposition to Defendants' Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims, and in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment.(Attachments: #1 Exhibit 1 - Under Seal, #2 Exhibit 2, #3 Exhibit 3 - Under Seal, #4 Exhibit 4 - Under Seal, #5 Exhibit 5, #6 Exhibit 6 - Under Seal, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 - Under Seal, #10 Exhibit 10 - Under Seal, #11 Exhibit 11 - Under Seal, #12 Exhibit 12 - Under Seal, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18 - Under Seal, #19 Exhibit 19, #20 Exhibit 20 - Under Seal, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Ragsdale, Barry)
September 23, 2016 Opinion or Order Filing 774 TEXT ORDER- This matter is before the Court on the Provider Plaintiffs Motion to Appoint Gregory S. Cusimano to the Litigation Committee for the Provider Track. #768 The Motion #768 is GRANTED. Mr. Cusimano is APPOINTED to serve on the Provider Track Litigation Committee. Signed by Judge R David Proctor on 9/23/2016. (AVC)
September 23, 2016 Filing 773 ***Document Sealed -Subscriber Plaintiffs' Notice of Filing Under Seal Evidentiary Submission in Support of Consolidated Memorandum of Law in Opposition to Defendants' Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment on Alabama Subscribers' Damages Claims, and in Support of Plaintiffs' Cross-Motion for Partial Summary Judgment. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 18, #11 Exhibit 20, #12 Exhibit 22) (AVC)
September 23, 2016 Filing 772 RESPONSE in Opposition to #762 Supplemental Rule 72 Objection filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Whatley, Joe)
September 23, 2016 Filing 771 ***Document Sealed -Subscriber Plaintiffs' Consolidated Memorandum of Law (1)In Opposition to Defendants' Amended and Restated Motion for Summary Judgment Based on the Filed Rate Doctrine on the Alabama Subscribers' Damages Claims, and (2) In Support of Plaintiffs' Cross-Motion for Partial Summary Judgment. (AVC, )
September 23, 2016 Filing 770 Cross MOTION for Partial Summary Judgment by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Ragsdale, Barry)
September 23, 2016 Filing 769 Notice of Supplemental Authority filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Campbell, Andrew)
September 23, 2016 Filing 768 MOTION to Appoint Counsel , Gregory S. Cusimano, to the Litigation Committee for the Provider Track by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
September 23, 2016 Filing 767 RESPONSE to #663 Rule 72 Objection to Discovery Order Number 26 filed by Grandview Medical Center. (Mays, Joseph)
September 23, 2016 Opinion or Order Filing 766 TEXT ORDER-This matter is before the court on the Alabama Subscriber Plaintiffs' Consent Motion for Leave to Exceed Page Limit. #765 The Motion #765 is GRANTED. Plaintiffs Consolidated Memorandum of Law may contain up to forty-five (45) pages. Defendants reply brief may contain up to twenty (20) pages. Signed by Judge R David Proctor on 9/23/2016. (AVC)
September 23, 2016 Filing 765 Subscriber Plaintiffs' Consent Motion for Leave to Exceed Page Limits by Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
September 22, 2016 Filing 764 CERTIFICATE OF SERVICE for doc#763 by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 22, 2016 Filing 763 Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No. 33 by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 20, 2016 Filing 762 Supplemental Rule 72 Objection filed by Defendants' Counsel. (Campbell, Andrew)
September 16, 2016 Opinion or Order Filing 761 ORDER REGARDING SEALED PAPERS RELATED TO BLUE CROSS BLUE SHIELD OF ALABAMA. Signed by Judge R David Proctor on 9/16/2016. (AVC)
September 15, 2016 Filing 760 BCBSAL's Response to #759 Subscriber Plaintiffs' Status Report and Proposal, and Motion for Leave to File Limited, Additional Briefing filed by Defendants' Counsel. (Burkhalter, Carl)
September 14, 2016 Filing 759 Subscriber Plaintiffs' STATUS REPORT and Proposal Regarding Procedures for BCBSAL-Related Documents Filed Under Seal by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Text of Proposed Order)(Ragsdale, Barry)
September 14, 2016 Opinion or Order Filing 758 ORDER REVISING SEALING PROCEDURES. Signed by Judge R David Proctor on 9/14/2016. (AVC)
September 13, 2016 Opinion or Order Filing 757 ORDER REGARDING UPCOMING SETTINGS-This case is SET for a party caucuses and a hearing at 1:30p.m. on 9/27/2016 in Courtroom 7A. At the hearing, the court will hear argument regarding Dfts' Objections to Discovery Order No. 26 #663 . The court's August 10, 2016 Order setting a status conference for 9:30a.m. on 11/29/2016 #690 , is AMENDED as set out. A further status conference is hereby SET for 9:00a.m. on 12/20/2016, in Courtroom 7A. This status conference will consist of day one of Economic Presentations by the parties. Signed by Judge R David Proctor on 9/13/2016. (AVC)
September 9, 2016 Opinion or Order Filing 756 DISCOVERY ORDER No. 33. Signed by Magistrate Judge T Michael Putnam on 9/9/2016. (AVC)
September 9, 2016 Opinion or Order Filing 755 STIPULATED ORDER REGARDING PRESERVATION OF PERSONAL JURISDICTION AND VENUE DEFENSES granting Motion #753 . Signed by Judge R David Proctor on 9/9/2016. (AVC)
September 8, 2016 Filing 754 JOINT STATUS REPORT Regarding Revised Procedures for Filing Documents Under Seal by Defendants' Counsel.(Attachments: #1 Text of Proposed Order)(Cottrell, Christa)
September 8, 2016 Filing 753 Joint MOTION to Enter Stipulated Order Regarding Preservation of Personal Jurisdiction and Venue Defenses by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
September 8, 2016 Filing 752 REPLY to Supplemental Response to Motions to Quash filed by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly, Jeffrey)
September 7, 2016 Filing 751 REPLY to #692 , #750 Supplemental Response to Plaintiffs' and Objecting Providers' Motions to Quash filed by Grandview Medical Center. (Mays, Joseph)
September 6, 2016 Filing 750 SUPPLEMENTAL RESPONSE to Plaintiffs' and Objecting Providers' Motions to Quash filed by Defendants' Counsel. (Campbell, Andrew)
September 6, 2016 Opinion or Order Filing 749 ORDER AMENDING DISCOVERY ORDER NO. 32-The undersigned hereby GRANTS the parties' Joint Motion to Amend Discovery Order No. 32. #743 . Signed by Magistrate Judge T Michael Putnam on 9/6/2016. (AVC)
September 6, 2016 Opinion or Order Filing 748 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Wednesday, September 28, 2016, at 9:00 AM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2. of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on September 6, 2016. (AMP)
September 2, 2016 Filing 747 REPORT of Non-Party Pursuant to Discovery Order 31 by Regions Bank. (Pennington, James)
September 2, 2016 Filing 746 REPORT of Non-Parties Regarding Discovery Order No. 31 by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Attachments: #1 Exhibit Affidavit of Joe W. Campbell)(Kelly, Jeffrey)
September 2, 2016 Filing 745 REPORT of Non-Party Regarding Discovery Order 31 by Andrews Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
September 2, 2016 Filing 744 REPORT of Non-Parties Regarding Discovery Order No. 31 by Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Kelly, Jeffrey)
September 2, 2016 Filing 743 JOINT MOTION to Amend Discovery Order No. 32 by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Malatesta, John)
September 2, 2016 Filing 742 STATUS REPORT by Grandview Medical Center. (Mays, Joseph)
September 2, 2016 Opinion or Order Filing 741 TEXT ORDER-On September 1, 2016, the court conducted a conference call in this matter. As a result of matters discussed in the conference call, it is ORDERED as follows: Plaintiffs and Defendants will meet and confer about modifying the timeframes provided in the courts Order Regarding Revised Sealing Procedures #665 for conferring about documents filed under seal, sending the court justifications for filing a document under seal, and raising objections to a document that has been filed under seal. By September 8, 2016, Plaintiffs and Defendants SHALL file a joint written status report regarding the proposed timeframes for future filings under seal. Signed by Judge R David Proctor on 9/2/2016. (AVC)
August 31, 2016 Filing 740 NOTICE of Supplemental Filing in Support of #725 Brief Seeking Complete Production of Defendant's Internal Variance Documents filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit 7A, #2 Exhibit 7B, #3 Exhibit 7C)(Ragsdale, Barry)
August 31, 2016 Filing 739 STIPULATION and Notice of Withdrawal of Motion to Quash Subpoena Issued by Provider Plaintiffs by Hometown Health Providers Insurance Company, Inc. (Brown, Jeffrey)
August 30, 2016 Filing 738 ***Document Sealed-Joint Brief in Support of Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscriber's Damages Claims. (Attachments: #1 Table of Contents, #2 Declaration, #3 Exhibit A1, #4 Exhibit A2, #5 Exhibit A3, #6 Exhibit A4, #7 Exhibit A5, #8 Exhibit A6, #9 Exhibit A7, #10 Exhibit A8, #11 Exhibit A9, #12 Exhibit A10, #13 Exhibit A11, #14 Exhibit A12, #15 Exhibit A13, #16 Exhibit A14, #17 Exhibit A15, #18 Exhibit A16, #19 Exhibit A17, #20 Exhibit A18, #21 Exhibit A19, #22 Exhibit A20, #23 Exhibit A21, #24 Exhibit A22, #25 Exhibit A23, #26 Exhibit A24, #27 Exhibit A25, #28 Exhibit A26, #29 Exhibit A27, #30 Exhibit A28, #31 Exhibit A29, #32 Exhibit A30, #33 Exhibit A31, #34 Exhibit A32, #35 Exhibit A33, #36 Exhibit A34, #37 Exhibit A35, #38 Exhibit A36, #39 Exhibit A37, #40 Exhibit A38, #41 Exhibit A39, #42 Exhibit A40, #43 Exhibit A41, #44 Exhibit A42, #45 Exhibit A43, #46 Exhibit A44, #47 Exhibit A45, #48 Exhibit A46, #49 Exhibit A47, #50 Exhibit A48, #51 Exhibit A49, #52 Exhibit A50, #53 Exhibit A51, #54 Exhibit A52, #55 Exhibit A53, #56 Exhibit A54, #57 Exhibit A55, #58 Exhibit B Deposition, #59 Exhibit B-DX-1, #60 Exhibit B-DX-2, #61 Exhibit B-DX-3, #62 Exhibit B-PX-1, #63 Exhibit B-PX-2, #64 Exhibit B-PX-3, #65 Exhibit B-PX-4, #66 Exhibit B-PX-5, #67 Exhibit B-PX-6, #68 Exhibit B-PX-7, #69 Exhibit B-PX-8, #70 Exhibit B-PX-9, #71 Exhibit B-PX-10, #72 Exhibit B-PX-11, #73 Exhibit B-PX-12, #74 Exhibit B-PX-13, #75 Exhibit B-PX-14, #76 Exhibit B-PX-15, #77 Exhibit B-PX-16, #78 Exhibit B-PX-17, #79 Exhibit B-PX-18, #80 Exhibit B-PX-19, #81 Exhibit B-PX-20, #82 Exhibit B-PX-21, #83 Exhibit B-PX-22, #84 Errata B-PX-23A, #85 Exhibit B-PX-23B, #86 Exhibit B-PX-23C, #87 Exhibit C) (AVC)
August 30, 2016 Filing 737 ***Document Sealed-Blue Cross and Blue Shield of Alabama's Opposition to #719 Subscriber Plaintiffs' Motion to Unseal Alabama Department of Insurance Deposition Transcript. (Attachments: #1 DX-1, #2 DX-2, #3 DX-3, #4 Exhibit A-Deposition, #5 Exhibit A-PX-1, #6 Exhibit A-PX-2, #7 Exhibit A-PX-3, #8Exhibit A-PX-4, #9 Exhibit A-PX-5, #10 Exhibit A-PX-6, #11 Exhibit A-PX-7, #12 Exhibit A-PX-8, #13 Exhibit A-PX-9, #14 Exhibit A-PX-10, #15 Exhibit A-PX-11, #16 Exhibit A-PX-12, #17 Exhibit A-PX-13, #18Exhibit A-PX-14, #19 Exhibit A-PX-15, #20 Exhibit A-PX-16, #21 Exhibit A-PX-17, #22 Exhibit A-PX-18, #23 Exhibit A-PX-19, #24 Exhibit A-PX-20, #25 Exhibit A-PX-21, #26 Exhibit A-PX-22, #27 Exhibit A-PX-23A, #28 Exhibit A-PX-23B, #29 Exhibit A-PX-23C, #30 Exhibit B) (AVC)
August 30, 2016 Filing 736 SECOND AMENDED RESPONSE to Subpoena by Blue Cross Blue Shield Association by Regions Bank.(Pennington, James)
August 29, 2016 Filing 735 Evidentiary Materials re: #734 Joint Brief in Support of Amended and Restated Motion Based on Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims. (Priester, James)
August 29, 2016 Filing 734 JOINT Brief in Support of #733 Amended and Restated Motion Based on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims filed by Defendants' Counsel. (Priester, James)
August 29, 2016 Filing 733 AMENDED and RESTATED MOTION Based on Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims by Defendants' Counsel. (Priester, James)
August 29, 2016 Filing 732 REPLY Brief filed by Defendant Defendants' Counsel re: #719 MOTION to Unseal Document filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Part 1 of 3, #2 Exhibit A - Part 2 of 3, #3 Exhibit A - Part 3 of 3, #4 Exhibit B)(Burkhalter, Carl)
August 29, 2016 Filing 731 REPLY Brief in Support of #658 Motion for Summary Judgment filed by Defendants' Counsel. (Zott, David)
August 29, 2016 Filing 730 NOTICE of Filing Corrected Exhibit re: #728 by Defendants' Counsel. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
August 26, 2016 Filing 729 ***Document Sealed -Notice of Filing Under Seal Exhibits in Support of Brief #725 . (Attachments: #1 Deposition Part 1, #2 Deposition Part 2, #3 Response to Subscriber Plaintiffs' Status Report, #4 Request for Prodcution, #5 Notice of Deposition, #6 Letter, #7 Deposition Part 1, #8 Deposition Part 2, #9 Deposition Part 3, #10 Objection) (AVC)
August 26, 2016 Filing 728 Brief re 712 Order,, Blue Cross Blue Shield of Alabama's Brief in Response to August 18, 2016 Order filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Burkhalter, Carl)
August 26, 2016 Filing 727 Transcript of Proceedings held on August 17, 2016 1:00 pm and 3:00 pm, before Judge T Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205) 278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/24/2016. (MRR, )
August 26, 2016 Filing 726 Transcript of Proceedings held on August 17, 2016 9:00 am, before Judge T Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205)278-2065. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/24/2016. (MRR, )
August 26, 2016 Filing 725 Subscriber Plaintiffs' Memorandum Seeking Complete Production of Defendant's Internal Variance Documents. (Attachments: #1 Text of Proposed Order)(Hellums, Christopher)
August 25, 2016 Opinion or Order Filing 724 TEXT ORDER-The court has become aware that the schedule and process regarding maintaining documents under seal is somewhat unclear. The court does not contemplate that extensive briefing should be necessary on whether to maintain documents under seal. The court merely needs to determine whether there is a basis for maintaining documents under seal separate from any agreement between the parties. Also, because the parties must now meet and confer regarding filing documents under seal, the court contemplates that a response should be possible within the time frame designated for seeking to maintain documents under seal: three days. Signed by Judge R David Proctor on 8/25/2016. (AVC)
August 24, 2016 Opinion or Order Filing 723 TEXT ORDER granting #721 Defendant Blue Cross and Blue Shield of Alabama's Motion for Two-Day Extension. The Subscriber Plaintiffs and defendant Blue Cross and Blue Shield of Alabama shall have until Friday, August 26, 2016, to file simultaneous briefs as directed by Text Order 712 . Signed by Magistrate Judge T Michael Putnam on August 24, 2016. (AMP)
August 24, 2016 Filing 722 ***Document Sealed-Notice of Filing Under Seal Deposition to #719 Motion to Unseal. (Attachments: #1 Deposition) (AVC)
August 24, 2016 Filing 721 MOTION for a Two-Day Extension by Defendants' Counsel. (Burkhalter, Carl)
August 24, 2016 Opinion or Order Filing 720 TEXT ORDER re #714 Non-Party Hometown Health Providers Insurance Company, Inc.'s Objections and Motion to Quash Subpoena. A response by provider plaintiffs may be filed within 7 days of this Order and shall be no more than 15 pages in length. Signed by Magistrate Judge T Michael Putnam on August 24, 2016. (AMP)
August 24, 2016 Filing 719 MOTION to Unseal Document by Plaintiffs' Counsel. (Hellums, Christopher)
August 24, 2016 Opinion or Order Filing 718 TEXT ORDER-This matter is before the court on Defendants National Account Service Company LLC and Consortium Health Plans, Inc.s Unopposed Motion For Leave to File Joint Reply Brief in Excess of Ten Pages #717 . The Motion #717 is GRANTED. The reply brief from Defendants NASCO and CHP may contain up to 25 pages. Signed by Judge R David Proctor on 8/24/2016. (AVC)
August 23, 2016 Filing 717 National Account Service Company LLC and Consortium Health Plans, Inc.'s Unopposed MOTION for Leave to File Joint Reply Brief in Excess of Ten Pages by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Zott, David)
August 23, 2016 Opinion or Order Filing 716 TEXT ORDER- This matter is before the court on the correspondence from the parties pursuant to the court's Order Regarding Revised Sealing Procedures #665 . In light of that correspondence, the Clerk of the Court is directed to unseal the following exhibits to Document 689: Notice (689-1), Exhibit Index (689-2), 2 (689-5), 5 (689-27), 10 (689-32), 11 (689-33 and 689-34), 12 (689-35), 14 (689-37), 15 (689-38), 16 (689-39), 17 (689-40), 18 (689-41), 19 (689-42), 20 (689-43), 22, (689-45), 25 (689-49) 26 (689-50) 27 (689-51) 28 (689-52) 29 (689-53), 31 (689-55), 34 (689-58), and 35 (689-59). This exercise has revealed that the court was correct that more documents than necessary were being requested to be sealed by the parties. Additionally, the parties SHALL undertake to further reduce the number of documents being sealed by, where possible, redacting unnecessary parts of the documents prior to filing rather than asking that the whole document be sealed. Signed by Judge R David Proctor on 8/23/2016. (AVC)
August 22, 2016 Opinion or Order Filing 715 DISCOVERY ORDER NO. 32. Signed by Magistrate Judge T Michael Putnam on 8/22/2016. (AVC)
August 19, 2016 Filing 714 OBJECTIONS and Motion to Quash Subpoena by Hometown Health Providers Insurance Company, Inc. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit 3)(Brown, Jeffrey)
August 19, 2016 Opinion or Order Filing 713 DISCOVERY ORDER No. 31. Signed by Magistrate Judge T Michael Putnam on 8/19/2016. (AVC)
August 18, 2016 Opinion or Order Filing 712 TEXT ORDER. Pursuant to direction in the Discovery Status Conference held on August 17, 2016, the Subscriber Plaintiffs and defendant Blue Cross Blue Shield of Alabama shall have until Wednesday, August 24, 2016, to file simultaneous briefs addressing 1) whether the issue of the production of the Carden variance analysis is properly before the court, and 2)if so, whether the Carden analysis constitutes attorney work product. Response or reply briefs will not be accepted. Signed by Magistrate Judge T Michael Putnam on August 18, 2016. (AMP, )
August 17, 2016 Opinion or Order Filing 711 TEXT ORDER. Oral motion in open court to seal document number #704 is GRANTED subject to Judge Proctor's decision on related issues. Signed by Magistrate Judge T Michael Putnam on 8/17/16. (ASL)
August 17, 2016 Filing 710 NOTICE of Appearance by George E Knox, Jr on behalf of Health Care Authority of the City of Huntsville, Russellville Hospital, Inc. (Knox, George)
August 17, 2016 Filing 709 RESPONSE to Discovery Request from Regions Bank by Regions Bank.(Pennington, James)
August 17, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 8/17/2016; re Filed-Rate Discovery; hrg adj. (Court Reporter Sabrina Lewis.) (ASL)
August 17, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 8/17/2016; discovery updates by counsel; oral motion to seal document number #704 , granted subject to Judge Proctor's decision on related issues; hrg adj. (Court Reporter Sabrina Lewis.) (ASL)
August 17, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 8/17/2016: re #654 , #656 , #692 , #693 , #695 , #697 , #698 , #700 ; arguments by counsel; hrg adj (Court Reporter Sabrina Lewis) (ASL)
August 16, 2016 Filing 708 RESPONSE to re #707 Non-Party Subpoena filed by Grandview Medical Center. (Mays, Joseph)
August 16, 2016 Filing 707 CONSOLIDATED RESPONSE to Potential Class Member Subpoena Targets' Objections #692 , #693 , #694 , #695 , #699 , #700 . (Attachments: #1 Exhibit 1 - Plaintiffs' Letters to Subpoena Targets, #2 Exhibit 2 - Subpoena Target Letter to Defendants, #3 Exhibit 3 - Request for Production Subpoena Excerpt)(Zott, David)
August 16, 2016 Filing 706 ***Document Sealed-Notice of Filing Under Seal Exhibits A-J to #704 Response to Subscriber Plaintiffs' Status Report on Filed Rate Discovery. (Attachments: #1 Table of Contents, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (AVC)
August 15, 2016 Filing 705 CONSOLIDATED RESPONSE to Potential Class Member Subpoena Targets' Objections #692 , #693 , #694 , #695 , #698 , #699 , #700 Potential Class Member Subpoena Targets' Objections filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Plaintiffs' Letters to Subpoena Targets, #2 Exhibit 2 - Subpoena Target Letter to Defendants, #3 Exhibit 3 - Request for Production Subpoena Excerpt)(Zott, David)
August 15, 2016 Filing 704 RESPONSE to #687 Subscriber Plaintiffs' Status Report on Filed Rate Discovery filed by Defendants' Counsel. (Attachments: #1 Exhibit A-J)(Burkhalter, Carl) Modified on 8/17/2016 - sealed pursuant to text order # 711 (ASL).
August 15, 2016 Filing 703 REPLY to Response to Motion re #656 Subscriber Plaintiffs' MOTION to Quash Third Party Subpoenas, #654 Provider Plaintiffs' MOTION to Quash Subpoenas to Proposed Class Members filed by Plaintiffs' Counsel. (Ragsdale, Barry)
August 15, 2016 Filing 702 Transcript of Proceedings held on 8/8/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/5/2016. Redacted Transcript Deadline set for 9/15/2016. Release of Transcript Restriction set for 11/14/2016. (AVC)
August 11, 2016 Filing 701 JOINT STATUS REPORT Regarding Post-2013 Discovery by Plaintiffs' Counsel. (Brown, W)
August 10, 2016 Filing 700 Opposition to Subpoenas Duces Tecum and Subpoena to Testify at a Rule 30(b)(6) Deposition filed by John B. Waits. (Attachments: #1 Affidavit of Dr. Waits)(Brown, W)
August 10, 2016 Filing 699 Brief in Support of Objection and Motion to Quash #698 filed by Andrews Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
August 10, 2016 Filing 698 OBJECTION and Motion to Quash Subpoenas by Andrews Sports Medicine and Orthopaedic Center, LLC. (Attachments: #1 Exhibit Document Subpoena, #2 Exhibit Deposition Subpoena, #3 Affidavit Declaration of L Warren)(Wilson, Benjamin)
August 10, 2016 Filing 697 OBJECTIONS of Non-Party to Subpoena by Regions Bank. (Pennington, James)
August 10, 2016 Filing 696 JOINT Filing Regarding Proposed Language for Letters Accompanying Future Subpoenas to Potential Absent Class Members re: Order #678 . (Cottrell, Christa)
August 10, 2016 Filing 695 Non-Party Objections and Motion to Quash Subpoenas by Russellville Hospital, Inc. (Kelly, Jeffrey)
August 10, 2016 Filing 694 Brief in Support of #693 Objections and Motion to Quash Subpoenas by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
August 10, 2016 Filing 693 Non-Party Objections and Motion to Quash Subpoenas by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
August 10, 2016 Filing 692 OBJECTION to #678 Subpoena filed by Grandview Medical Center. (Attachments: #1 Affidavit of Jane Northcutt)(Mays, Joseph)
August 10, 2016 Opinion or Order Filing 691 TEXT ORDER - In light of the court's Order setting a status conference and hearing for November 29, 2016 #690 , the status conference previously set for November 4, 2016 is CANCELED. Signed by Judge R David Proctor on 8/10/2016. (AVC)
August 10, 2016 Opinion or Order Filing 690 ORDER REGARDING VARIOUS MATTERS AND BRIEFING SCHEDULE ON FILED RATE MOTION- Because BCBSAL anticipates filing a revised Motion on the filed rate doctrine, Motion #523 is terminated. The briefing scheduling set out SHALL apply to BCBSAL's revised Motion for Partial Summary Judgment on the filed rate doctrine. This case is SET for a status conference and hearing on 11/29/2016 at 9:30a.m. in Courtroom 7A of the Hugo L. Black U.S. Courthouse. On 11/18/2016, the parties SHALL submit a joint report containing a proposed agenda of any additional items the parties wish to be addressed during the 11/29/2016 status conference and hearing. Signed by Judge R David Proctor on 8/9/2016. (AVC)
August 8, 2016 Filing 689 ***Document Sealed -Brief in Opposition to #658 Defendants National Account Service Company LLC and Consortium Health Plans, Inc.'s Motion for Summary Judgment. (Attachments: #1 Notice, #2 Exhibit Index, #3 Exhibit 1 Part 1, #4 Exhibit 1 Part 2, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4 Part 1, #8 Exhibit 4 Part 2, #9 Exhibit 4 Part 3, #10 Exhibit 4 Part 4, #11 Exhibit 4 Part 5, #12 Exhibit 4 Part 6, #13 Exhibit 4 Part 7, #14 Exhibit 4 Part 8, #15 Exhibit 4 Part 9, #16 Exhibit 4 Part 10, #17 Exhibit 4 Part 11, #18 Exhibit 4 Part 12, #19 Exhibit 4 Part 13, #20 Exhibit 4 Part 14, #21 Exhibit 4 Part 15, #22 Exhibit 4 Part 16, #23 Exhibit 4 Part 17, #24 Exhibit 4 Part 18, #25 Exhibit 4 Part 19, #26 Exhibit 4 Part 20, #27 Exhibit 5, #28 Exhibit 6, #29 Exhibit 7, #30 Exhibit 8, #31 Exhibit 9, #32 Exhibit 10, #33 Exhibit 11 Part 1, #34 Exhibit 11 Part 2, #35 Exhibit 12, #36 Exhibit 13, #37 Exhibit 14, #38 Exhibit 15, #39 Exhibit 16, #40 Exhibit 17, #41 Exhibit 18, #42 Exhibit 19, #43 Exhibit 20, #44 Exhibit 21, #45 Exhibit 22, #46 Exhibit 23, #47 Exhibit 24 Part 1, #48 Exhibit 24 Part 2, #49 Exhibit 25, #50 Exhibit 26, #51 Exhibit 27, #52 Exhibit 28, #53 Exhibit 29, #54 Exhibit 30, #55 Exhibit 31, #56 Exhibit 32, #57 Exhibit 33, #58 Exhibit 34, #59 Exhibit 35, #60 Exhibit 36) (AVC)
August 8, 2016 Filing 688 Blue Cross Blue Shield of Alabama's STATUS REPORT on Filed Rate Discovery by Defendants' Counsel. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
August 8, 2016 Filing 687 Subscriber Plaintiffs' STATUS REPORT on Filed Rate Discovery by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
August 8, 2016 Filing 686 JOINT STATUS REPORT Regarding Post-2013 Discovery by Plaintiffs' Counsel. (Brown, W)
August 8, 2016 Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 8/8/2016. (Court Reporter Leah Turner.) (KLL)
August 5, 2016 Filing 685 ***Document Sealed -Subscriber Plaintiffs' Notice of Filing Under Seal Exhibits to Memorandum in Support of Subscriber Plaintiffs' Motion for an Order to Show Cause. (Attachments: #1 Exhibit 3, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12) (AVC)
August 5, 2016 Filing 684 Brief in Support of #683 Subscriber Plaintiffs' Motion for an Order to Show Cause. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (filed under seal), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 (filed under seal), #10 Exhibit 10 (filed under seal), #11 Exhibit 11 (filed under seal), #12 Exhibit 12 (filed under seal), #13 Text of Proposed Order)(Ragsdale, Barry)
August 5, 2016 Filing 683 Subscriber Plaintiffs' MOTION for an Order to Show Cause by Plaintiffs' Counsel. (Ragsdale, Barry)
August 5, 2016 Filing 682 Supplemental Filing Regarding Notice of Objections. (Attachments: #1 Exhibit 1 - Defendants' Notices to Subpoena Targets re Objection Schedule)(Cottrell, Christa)
August 2, 2016 Filing 681 REPLY in Support of #663 Defendants' Rule 72 Objection to Discovery Order No. 26 filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Campbell, Andrew)
August 2, 2016 Opinion or Order Filing 680 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Wednesday, August 17, 2016, at 3:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2. of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on August 2, 2016. (AMP)
August 1, 2016 Filing 679 Transcript of Proceedings held on 7/28/2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. (Attachments: #1 certification page) (AVC)
July 29, 2016 Opinion or Order Filing 678 ORDER-Pursuant to discussions held during the 7/28/2016 conference, it is ORDERED that by 8/8/2016, the pltfs and dft BCBS-AL shall submit a joint status report regarding post-2013 discovery. By 8/3/2016, the parties shall notify all subpoenaed non-parties that any objections to the subpoenas must be filed with the court by 8/10/2016 and that arguments on the objections will be heard by the court on 8/17/2016 at 1:00p.m., in Courtroom 3B of the Hugo L. Black U.S. Courthouse. The parties are directed to certify to the court by 8/5/2016, that notification of all subpoenaed nonparties of the objection deadline has occurred. By 8/10/2016, the parties shall submit a joint proposal of language to be included with any future nonparty subpoenas. A hearing regarding filed-rate discovery is set for 8/17/2016 at 9:00a.m., in Courtroom 3B of the Hugo L Black US Courthouse. The parties submit simultaneous briefs regarding filed-rate discovery by 8/8/2016. Responses are due by 8/15/2016. Signed by Magistrate Judge T Michael Putnam on 7/29/2016. (AVC)
July 28, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 7/28/2016; discovery updates; arguments by counsel on motions docs 611, 654, 656 & 670; hrg adj. (Court Reporter Teresa Roberson.) (ASL)
July 26, 2016 Filing 677 Blue Cross and Blue Shield of Alabama's RESPONSE to #670 Motion to Compel Post-2013 Unstructured Data filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Burkhalter, Carl)
July 26, 2016 Filing 676 Subscriber Plaintiffs' Opposition to #663 Rule 72 Objection to Discovery Order No. 26 filed by Plaintiffs' Counsel. (Ragsdale, Barry)
July 26, 2016 Filing 675 Provider Plaintiffs' RESPONSE in Opposition to #663 Rule 72 Objection to Discovery Order No. 26 filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Whatley, Joe)
July 26, 2016 Opinion or Order Filing 674 DISCOVERY ORDER No. 30-The Motion to Compel #637 is GRANTED IN PART with respect to structured data created after January 1, 2000 and BCBS-AL is DIRECTED to produce such data within sixty (60) days. The motion to compel is otherwise DENIED. Signed by Magistrate Judge T Michael Putnam on 7/26/2016. (AVC)
July 25, 2016 Opinion or Order Filing 673 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2016 through June 30, 2016. Signed by Judge R David Proctor on 7/25/2016. (AVC)
July 25, 2016 Opinion or Order Filing 672 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from May 1, 2016 through June 30, 2016. Signed by Judge R David Proctor on 7/25/2016. (AVC)
July 22, 2016 Filing 671 CONDITIONAL TRANSFER ORDER (CTO-31) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 CTO-31 Schedule with NDAL case number)(AVC)
July 20, 2016 Filing 670 MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Post-2013 Unstructured Data by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Whatley, Joe)
July 18, 2016 Opinion or Order Filing 669 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, July 28, 2016, at 2:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on July 18, 2016. (AMP)
July 15, 2016 Filing 668 Defendants' Supplemental Filing in Support of #663 Their Rule 72 Objection to Discovery Order No. 26 filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Plaintiffs' Letter to Perdido Beach Resort)(Zott, David)
July 14, 2016 Opinion or Order Filing 667 TEXT ORDER - This matter is SET for a telephone conference at 3:00 p.m. on Monday, August 8, 2016, to discuss scheduling matters related to Defendants' Motion for Summary Judgment based on the Filed Rate Doctrine #523 . The Special Master will provide a call in number for the conference. Signed by Judge R David Proctor on 7/13/2016. (AVC)
July 12, 2016 Opinion or Order Filing 666 BRIEFING SCHEDULE ON OBJECTION TO DISCOVERY ORDER NO. 26 #663 Rule 72 Objection to Discovery Order No. 26 #616 -Any response to the Objection SHALL be filed by 7/26/2016. Any reply in support of the Objection SHALL be filed by 8/2/2016. Signed by Judge R David Proctor on 7/12/2016. (AVC)
July 7, 2016 Opinion or Order Filing 665 ORDER REGARDING REVISED SEALING PROCEDURES-Plaintiffs' Motion for Leave to File Under Seal #664 is GRANTED. The parties shall comply with this order as further set out. Signed by Judge R David Proctor on 7/7/2016. (AVC)
July 6, 2016 Filing 664 MOTION for Leave to File Under Seal by Plaintiffs' Counsel. (Ragsdale, Barry)
July 5, 2016 Filing 663 Rule 72 Objection to Discovery Order No. 26 #616 by Blue Defendants' Counsel. (Campbell, Andrew)
July 5, 2016 Filing 662 RESPONSE to #654 Motion to Quash Subpoenas to Proposed Class Members filed by Defendants' Counsel. (Attachments: #1 Exhibit 1 - 4/28/2016 Hearing Transcript, #2 Exhibit 2 - Defendants' Subpoena to Samford University, #3 Exhibit 3 - 3/31/2016 C. Cottrell Letter to B. Ragsdale, #4 Exhibit 4 - 4/8/2016 C. Cottrell Letter to T. Brown, #5 Exhibit 5 - 6/9/2016 C. Cottrell Letter to B. Ragsdale, #6 Exhibit 6 - 6/10/2016 M. Jones Email to Counsel, #7 Exhibit 7 - 6/14/2016 B. Ragsdale Letter to C. Cottrell, #8 Exhibit 8 - 6/16/2016 B. Ragsdale Letter to C. Cottrell, #9 Exhibit 9 - 6/24/2016 C. Cottrell Email to B. Ragsdale, #10 Exhibit 10 - 4/13/2016 C. Cottrell Letter to T. Brown, #11 Exhibit 11 - Defendants' Deposition Subpoena to Provider Plaintiffs, #12 Exhibit 12 - Defendants' Request for Production to Subscriber Plaintiffs, #13 Exhibit 13 - Defendants' Deposition Subpoena to Subscriber Plaintiffs, #14 Exhibit 14 - Defendants' Request for Production to Provider Plaintiffs, #15 Exhibit 15 - Plaintiffs' Request for Production to Milliman, Inc., #16 Exhibit 16 - 6/3/2016 K. West Letter to B. Ragsdale, #17 Exhibit 17 - 6/30/2016 Hearing Transcript, #18 Exhibit 18 - Plaintiffs' Requests for Production to All Defendants)(Zott, David)
July 5, 2016 Opinion or Order Filing 661 DISCOVERY ORDER No. 29-The motion to compel Capital Blue Cross to designate Anita Smith and William Lehr as production custodians and to produce documents related to executive compensation #638 is GRANTED. Signed by Magistrate Judge T Michael Putnam on 7/5/2016. (AVC)
July 1, 2016 Opinion or Order Filing 660 DISCOVERY ORDER No. 28-re: Motion to Compel Plaintiffs to Produce Structured Data #636 . Plaintiffs are DIRECTED to comply with the production schedule as set out. Signed by Magistrate Judge T Michael Putnam on 7/1/2016. (AVC)
July 1, 2016 Filing 659 ***Document Sealed-Notice of Filing Under Seal Certain Exhibits to National Account Service Company LLC and Consortium Health Plans, Inc. Motion for Summary Judgment #658 -Pursuant to Protective Order #550 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 Part 1, #7 Exhibit 6 Part 2, #8 Exhibit 9, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15) (AVC)
July 1, 2016 Filing 658 MOTION for Summary Judgment on Behalf of Defendants National Account Service Company LLC and Consortium Health Plans, Inc. by Defendants' Counsel. (Attachments: #1 Brief In Support Of Motion, #2 Exhibit Index, #3 Exhibit 1 - 5/3/2016 30(b)(6) NASCO Deposition Redacted, #4 Exhibit 5 - 5/25/2016 30(b)(6) CHP Deposition Redacted, #5 Exhibit 7 - CHP Plans Ownership History, #6 Exhibit 8 - CHP Capabilities Book (Pages i-35), #7 Exhibit 9 - CHP Capabilities Book (Pages 36-40) Redacted, #8 Exhibit 10 - CHP and BCBSA National Account Support Agreement, #9 Exhibit 11 - CHP Certificate of Incorporation, #10 Exhibit 16 - Gulf States v. Nucor Special Master Report)(Zott, David)
July 1, 2016 Filing 657 Transcript of Proceedings held on 6/30/2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 7/22/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/29/2016. (Attachments: #1 certification page) (AVC)
June 30, 2016 Filing 656 Subscriber Plaintiffs' MOTION to Quash Third Party Subpoenas by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Ragsdale, Barry)
June 30, 2016 Filing 655 NOTICE of Change of Address by Brian K Norman (Norman, Brian)
June 30, 2016 Filing 654 Provider Plaintiffs' MOTION to Quash Subpoenas to Proposed Class Members by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Whatley, Joe)
June 30, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 6/30/2016; discovery updates; arguments by counsel on motions docs 637 and 638; hrg adj (Court Reporter Teresa Roberson.) (ASL)
June 29, 2016 Filing 653 JOINT STATUS REPORT Regarding Post-2013 Discovery by Defendants' Counsel. (Burkhalter, Carl)
June 29, 2016 Filing 652 STATUS REPORT on Filed Rate Discovery by Blue Cross Blue Shield of Alabama by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Priester, James)
June 29, 2016 Filing 651 MOTION to Withdraw as Attorney by Triple S - Salud, Inc.. (Hernandez-Burgos, Carlos)
June 27, 2016 Filing 650 RESPONSE to #637 Motion to Compel Production of Structured Data for the Period of 1995-2004 filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkhalter, Carl)
June 27, 2016 Filing 649 Provider Plaintiffs' Response to #636 Motion to Compel Plaintiffs to Produce Structured Data filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Whatley, Joe)
June 27, 2016 Filing 648 Opposition to #638 Motion to Compel Designation of Certain Custodians and Production of Certain Information From Capital BlueCross filed by Defendants' Counsel. (Attachments: #1 Exhibits A through K (Discovery Correspondence))(Payne, Joshua)
June 27, 2016 Opinion or Order Filing 647 TEXT ORDER granting #645 Plaintiffs' Motion for an Extension of Time to File Motions to Quash. The plaintiffs shall have until and including June 30, 2016, to file Motions to Quash. Signed by Magistrate Judge T Michael Putnam on June 27, 2016. (AMP)
June 27, 2016 Filing 646 RESPONSE to #645 Motion for Extension of the Deadline to File Motions To Quash filed by Defendants' Counsel. (Zott, David)
June 24, 2016 Filing 645 MOTION for an Extension of the Deadline to File Motions To Quash by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
June 22, 2016 Opinion or Order Filing 644 ORDER-The Joint Motion to Modify the Court's January 22, 2016 Discovery Order and Briefing Schedule #642 is GRANTED. It is ORDERED that Consortium and NASCO will file any motions and their opening brief by 7/1/2016; Provider Plaintiffs will file any opposition papers by 8/8/2016; Consortium and NASCO will file any reply papers by 8/29/2016. Signed by Judge R David Proctor on 6/22/2016. (AVC)
June 22, 2016 Opinion or Order Filing 643 ORDER -The status conference previously set for 8/11/2016, is hereby RE-SET for 11/4/2016 at 9:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 10/28/2016, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 6/22/2016. (AVC)
June 22, 2016 Filing 642 Joint MOTION to Modify Discovery Order and Briefing Schedule #533 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Zott, David)
June 20, 2016 Opinion or Order Filing 641 AMENDMENT TO DISCOVERY ORDER No. 26-re: Motion to Reconsider Discovery Order No. 26 #629 . Discovery Order No. 26 is AMENDED as set out. In all other respects the motion to reconsider Discovery Order No. 26 is DENIED. Signed by Magistrate Judge T Michael Putnam on 6/20/2016. (AVC)
June 17, 2016 Filing 640 CONDITIONAL TRANSFER ORDER (CTO-30) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 CTO-30 Schedule w/NDAL case number)(AVC)
June 16, 2016 Filing 639 ***Document Sealed -Notice of Filing Exhibits Under Seal in Support of #636 Motion to Compel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (AVC)
June 16, 2016 Filing 638 MOTION to Compel Defendant Capital Bluecross to Designate Former CEOs Anita Smith and William Lehr as Production Custodians and to Compel Production of Certain Documents by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Ragsdale, Barry)
June 16, 2016 Filing 637 MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Structured Data Dating Between 1995 and 2004 by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Whatley, Joe)
June 16, 2016 Filing 636 MOTION to Compel Plaintiffs to Produce Structured Data by Defendants' Counsel. (Attachments: #1 Exhibit A-H)(Malatesta, John)
June 13, 2016 Filing 635 Subscriber Plaintiffs' Report Concerning Filed Rate Discovery by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
June 10, 2016 Filing 634 NOTICE of Supplemental Response to #629 Motion to Reconsider Discovery Order No. 26. filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Campbell, Andrew)
June 2, 2016 Opinion or Order Filing 633 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, June 30, 2016, at 12:30 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on June 2, 2016. (AMP)
June 1, 2016 Opinion or Order Filing 632 TEXT ORDER - This matter is before the court on Defendants' Motion for Extension of Time to File Objections Under Federal Rule of Civil Procedure 72, or, Alternatively, to Treat Their Motion for Reconsideration as a Rule 72 Objection. #630 . The Motion #630 is GRANTED IN PART. The deadline to object to Discovery Order No. 26 is EXTENDED until fourteen days after the Magistrate Judge's ruling on Defendants' Motion to Reconsider Discovery Order No. 26. #629 . Signed by Judge R David Proctor on 6/1/2016. (AVC)
June 1, 2016 Filing 631 Transcript of Proceedings held on 5/26/2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/22/2016. Redacted Transcript Deadline set for 7/4/2016. Release of Transcript Restriction set for 8/30/2016. (Attachments: #1 certification page) (AVC)
May 31, 2016 Filing 630 MOTION for Extension of Time to File Objections Under Federal Rule of Civil Procedure 72, or, alternatively to Treat Their Motion for Reconsideration as a Rule 72 Objection by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Campbell, Andrew)
May 31, 2016 Filing 629 MOTION to Reconsider Discovery Order No. 26. #616 by Defendants' Counsel. (Campbell, Andrew)
May 31, 2016 Opinion or Order Filing 628 ORDER AMENDING DISCOVERY ORDER Nos. 1 AND 3- The parties Joint Motion to Amend Discovery Orders No. 1 and 3 #626 is GRANTED. Motions #607 and #609 are MOOT. This order supersedes the December 23, 2015 (Doc. #502 ) and April 13, 2016 (Doc. #584 ) orders amending Discovery Order No. 1. All other dates and provisions in Discovery Order No. 1 remain in place. Signed by Magistrate Judge T Michael Putnam on 5/31/2016. (AVC)
May 31, 2016 Opinion or Order Filing 627 TEXT ORDER re #610 Provider Plaintiffs' Motion to Compel Defendants National Account Service Company, LLC and Consortium Health Plans, Inc. to Produce Documents and Disclosures and to set the Time Period for NASCO and CHP's Production in the Accelerated Alabama Case. The court has been informed by the parties that the matter has been resolved and, accordingly, the motion is MOOT. Signed by Magistrate Judge T Michael Putnam on May 31, 2016. (AMP)
May 27, 2016 Filing 626 Joint MOTION to Amend Discovery Order Nos. 1 and 3 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
May 27, 2016 Opinion or Order Filing 625 DISCOVERY ORDER NO. 27 granting #615 Motion to Compel as set out in this order. Signed by Magistrate Judge T Michael Putnam on 5/27/2016. (KAM, )
May 26, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 5/26/2016; discovery updates; arguments by counsel on motions docs #611 and #615 ; hrg adj (Court Reporter Teresa Roberson.) (ASL)
May 24, 2016 Filing 624 RESPONSE to #615 Motion to Compel Production of Organizational Charts filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burkhalter, Carl)
May 24, 2016 Opinion or Order Filing 623 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2016 through April 30, 2016 in this matter as it relates to services rendered for both sides of the case. Signed by Judge R David Proctor on 5/24/2016. (AVC)
May 24, 2016 Opinion or Order Filing 622 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from March 1, 2016 through April 30, 2016 in this matter relating solely to services provided to the Plaintiffs. Signed by Judge R David Proctor on 5/24/2016. (AVC)
May 23, 2016 Filing 621 Opposition to #611 Plaintiffs' Motion to Compel Production of Post-2013 Materials filed by Defendants' Counsel. (Burkhalter, Carl)
May 23, 2016 Filing 620 OPPOSITION to #607 Plaintiffs' Motion to Amend Discovery Order No. 14 filed by Defendants' Counsel. (Attachments: #1 Exhibit Exhibit 1- Provider Plaintiffs' Subpoena to United)(Hoover, Craig)
May 23, 2016 Filing 619 RESPONSE to #609 MOTION To Amend Discovery Order No. 1 filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Whatley, Joe)
May 23, 2016 Opinion or Order Filing 618 ORDER granting Joint Motion for Order Regarding Court Reporters #617 . This Order shall apply to all depositions taken by court reporters contracted in the Blue Cross Blue Shield Antitrust Litigation in cases that are currently pending in MDL No. 2406. Signed by Magistrate Judge T Michael Putnam on 5/23/2016. (AVC)
May 19, 2016 Filing 617 Joint MOTION for Order Regarding Court Reporters by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Wood, Edward)
May 17, 2016 Opinion or Order Filing 616 DISCOVERY ORDER No. 26- granting #591 Motion for a Protective Order. Signed by Magistrate Judge T Michael Putnam on 5/17/2016. (AVC)
May 17, 2016 Filing 615 Subscriber Plaintiffs' MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to Produce Organizational Charts by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Ragsdale, Barry)
May 16, 2016 Filing 614 NOTICE of Supplemental Authority by Plaintiffs' Counsel (Whatley, Joe)
May 16, 2016 Opinion or Order Filing 613 DISCOVERY ORDER No. 25 denying the Motion to Compel #588 . Signed by Magistrate Judge T Michael Putnam on 5/13/2016. (AVC)
May 13, 2016 Opinion or Order Filing 612 TEXT ORDER re #589 Motion of Health Care Service Corporation and Caring for Montanans, Inc., to Compel Plaintiffs to Comply with the ESI Protocol or, in the Alternative, for a Protective Order. The court has been informed by the parties that the matter has been resolved and, accordingly, the motion is MOOT. Signed by Magistrate Judge T Michael Putnam on May 13, 2016. (AMP)
May 12, 2016 Filing 611 MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Post-2013 Materials Related to Hospital Tiering and Provider Contract Cancellations and For Clarification of Discovery Order No. 18 by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Text of Proposed Order)(Whatley, Joe)
May 12, 2016 Filing 610 Provider Plaintiffs' MOTION to Compel Defendants National Account Service Company LLC and Consortium Health Plans, Inc. to Produce Documents and Disclosures and to Set the Time Period for NASCO and CHP's Production in the Accelerated Alabama Case by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Text of Proposed Order)(Whatley, Joe)
May 12, 2016 Filing 609 MOTION To Amend Discovery Order No. 1 by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hoover, Craig)
May 12, 2016 Filing 608 Brief in Support of #607 Plaintiffs' Motion to Amend Discovery Order No. 14 filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 12, 2016 Filing 607 Plaintiffs' MOTION to Amend Discovery Order No. 14 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
May 12, 2016 Opinion or Order Filing 606 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, May 26, 2016, at 2:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on May 12, 2016. (AMP)
May 11, 2016 Filing 605 CONDITIONAL TRANSFER ORDER (CTO-29) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama (Attachments: #1 CTO-29 Schedule with NDAL case numbers)(AVC)
May 9, 2016 Filing 604 Transcript of Proceedings held on April 28, 2016, before Judge T Michael Putnam. Court Reporter/Transcriber Julie A. Martin. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/30/2016. Redacted Transcript Deadline set for 6/9/2016. Release of Transcript Restriction set for 8/8/2016. (MRR, )
May 6, 2016 Filing 603 CONDITIONAL TRANSFER ORDER (CTO-28) from Judicial Panel on MDL 2406 transferring 3 actions to the Northern District of Alabama. (Attachments: #1 CTO-28 Schedule with NDAL Case Numbers)(AVC)
April 28, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 4/28/2016; arguments by counsel on motions (docs #588 , #589 , & #591 ) (Court Reporter Julie Martin.) (ASL)
April 25, 2016 Filing 602 RESPONSE to #591 Opposed Motion for a Protective Order Requiring any Party to Receive Leave of the Court Before Serving Discovery on Absent Class Members filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 4/13/16 Cottrell Letter to Ragsdale & Brown, #2 Exhibit B - 4/12/16 Notice of Document Subpoena to UnitedHealth Grp. Inc., #3 Exhibit C - 4/8/16 Cottrell Letter to Ragsdale & Brown)(Zott, David)
April 25, 2016 Filing 601 RESPONSE to #588 Provider Plaintiffs' Motion to Compel Production of All Discovery from the Drummond Litigation filed by Defendants' Counsel. (Burkhalter, Carl)
April 25, 2016 Filing 600 JOINT Opposition to #589 Motion to Compel or, in the Alternative, For a Protective Order filed by Plaintiffs' Counsel. (Ragsdale, Barry)
April 25, 2016 Opinion or Order Filing 599 ORDER -This case is SET for a status conference on 8/11/2016 at 9:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 8/5/2016, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 4/25/2016. (AVC)
April 22, 2016 Opinion or Order Filing 598 DISCOVERY ORDER No. 24-denying #563 Motion to Compel. Signed by Magistrate Judge T Michael Putnam on 4/22/2016. (AVC)
April 21, 2016 Opinion or Order Filing 597 DISCOVERY ORDER No. 23 regarding #562 Motion to Compel ; Except as provided herein, the motion to compel is DENIED in all other respects.. Signed by Magistrate Judge T Michael Putnam on 4/21/2016. (KAM, )
April 20, 2016 Filing 596 AMENDED Brief in Support of #591 Opposed Motion for a Protective Order Requiring any Party to Receive Leave of the Court Before Serving Discovery on Absent Class Members. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ragsdale, Barry)
April 20, 2016 Filing 595 NOTICE of Change of Address by Archie C Lamb, Jr (Lamb, Archie)
April 19, 2016 Opinion or Order Filing 594 DISCOVERY ORDER No. 22. Signed by Magistrate Judge T Michael Putnam on 4/19/2016. (AVC)
April 19, 2016 Filing 593 CONDITIONAL TRANSFER ORDER (CTO-27) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 CTO-27 Schedule w/NDAL case number)(AVC)
April 18, 2016 Filing 592 Brief in Support of #591 Opposed Motion for a Protective Order Requiring any Party to Receive Leave of the Court Before Serving Discovery on Absent Class Members. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ragsdale, Barry)
April 18, 2016 Filing 591 Opposed MOTION for a Protective Order Requiring any Party to Receive Leave of the Court Before Serving Discovery on Absent Class Members by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
April 15, 2016 Opinion or Order Filing 590 ORDER AUTHORIZING DISCLOSURE OF CERTAIN PERSONALLY IDENTIFIABLE INFORMATION-granting Motion #587 . Signed by Magistrate Judge T Michael Putnam on 4/15/2016. (AVC)
April 14, 2016 Filing 589 MOTION to Compel Plaintiffs to Comply with the ESI Protocol or, in the Alternative, for a Protective Order by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Zeiger, Jeffrey)
April 14, 2016 Filing 588 Opposed MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to Produce Materials Related to the Drummond Litigation by Plaintiffs' Counsel. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit B)(Whatley, Joe)
April 14, 2016 Filing 587 Joint MOTION To Enter Order Authorizing Disclosure of Certain Personally Identifiable Information by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
April 13, 2016 Opinion or Order Filing 586 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, April 28, 2016, at 2:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on April 13, 2016. (AMP)
April 13, 2016 Opinion or Order Filing 585 DISCOVERY ORDER No. 21. Signed by Magistrate Judge T Michael Putnam on 4/13/2016. (AVC)
April 13, 2016 Opinion or Order Filing 584 ORDER AMENDING DISCOVERY ORDER No. 1. Signed by Magistrate Judge T Michael Putnam on 4/13/2016. (AVC)
April 8, 2016 Filing 583 NOTICE That Its Answer and Affirmative Defenses to Subscriber Plaintiffs' Amended Consolidated Class Action Complaint Applies to Newly Filed Subscriber Track Complaints by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield. (Naranjo, Michael)
April 8, 2016 Filing 582 CONDITIONAL TRANSFER ORDER (CTO-26) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 CTO-26 Schedule w/NDAL case number)(AVC)
April 4, 2016 Filing 581 Unopposed MOTION for Entry of Discovery Order by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
April 1, 2016 Filing 580 JOINT NOTICE of Agreement to Amend Discovery Order No. 1 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order Proposed Order)(Hoover, Craig)
March 31, 2016 Filing 579 Transcript of Proceedings held on March 23, 2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Cheryl Powell, Telephone number 256-508-4050. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/21/2016. Redacted Transcript Deadline set for 5/2/2016. Release of Transcript Restriction set for 6/29/2016. (MRR, )
March 29, 2016 Filing 578 CONDITIONAL TRANSFER ORDER (CTO-25) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama. (Attachments: #1 CTO-25 Schedle with NDAL case numbers)(AVC)
March 24, 2016 Opinion or Order Filing 577 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of services rendered and expenses incurred from January 1, 2016 through February 29, 2016. Signed by Judge R David Proctor on 3/24/2016. (AVC)
March 24, 2016 Opinion or Order Filing 576 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of services rendered and expenses incurred from January 1, 2016 through February 29, 2016. Signed by Judge R David Proctor on 3/24/2016. (AVC)
March 24, 2016 Opinion or Order Filing 575 AMENDED SCHEDULING ORDER-The court hereby AMENDS the schedule in the court's October 30, 2016 Order #469 as set out. The schedule SHALL apply to the prioritized proceedings in American Electric Motor Services Inc. v. Blue Cross and Blue Shield of Alabama et al., Case No. 2:12-cv-02169-RDP, Conway v. Blue Cross and Blue Shield of Alabama et al.,Case No. 2:12- cv-02532-RDP, and Pettus Plumbing & Piping, Inc. v. Blue Cross Blue Shield of Alabama et al., Case no. 3:16-cv-00297-RDP. Signed by Judge R David Proctor on 3/23/2016. (AVC)
March 23, 2016 Filing 574 Joint MOTION to Amend Schedule in October 30 Order #469 by Defendants' Counsel. (Attachments: #1 Exhibit A)(Hogewood, Mark)
March 23, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Status Conference held on 3/23/2016; arguments by counsel on motions, doc #562 , #563 & #564 . (Court Reporter Cheryl Powell.) (ASL)
March 22, 2016 Filing 573 Transcript of Proceedings held on 3/18/2016, before Judge R. David Proctor. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/12/2016. Redacted Transcript Deadline set for 4/22/2016. Release of Transcript Restriction set for 6/20/2016. (Attachments: #1 certification page) (AVC)
March 21, 2016 Filing 572 RESPONSE to #564 Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to Expedite Production of Certain Documents filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Malatesta, John)
March 21, 2016 Opinion or Order Filing 571 ORDER-It is ORDERED that that the Motion to Compel Discovery from Defendant Blue Cross Blue Shield of Alabama Regarding the Filed Rate Doctrine #539 is GRANTED. The Alabama Department of Insurance's Motion to Quash Subpoenas #543 is DENIED. The depositions at issue SHALL go forward. Plaintiffs are allowed a total of eight (8) hours for the two depositions, and those eight hours may be allocated between the two deponents as needed. Signed by Judge R David Proctor on 3/21/2016. (AVC)
March 18, 2016 Filing 570 Hogan Lovells Defendants' Memorandum of Law in Opposition to #562 Joint Motion to Compel Search Term Disclosures filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Cohen Declaration, #2 Exhibit B - 2016.01.06 Subscriber Pls ltr to Hogan in resp to 10.16 & 11.30 ltrs re search terms w appx, #3 Exhibit C - 2015.11.17 Hogan ltr to Butterfield in resp to 11.06 ltr re search terms, #4 Exhibit D - 2015.07.10 DFs' Response to Pls' 6.23 ltr re unstructured disc proposal w appx, #5 Exhibit E - 2015.10.16 Hogan ltr to Pls re revised search term proposal w appx, #6 Exhibit F - 2015.05.21 Hogan ltr to PLs re 4.29.15 m&c and re search terms w appx, #7 Exhibit G - 2015.06.02 Pls' (Sheehan) ltr to Hogan re RFPs & in resp to 05.21 ltr, #8 Exhibit H - 2015.06.09 Hogan response to Pls 06.02 ltr re certain RFPs, #9 Exhibit I - 2015.07.30 Hogan ltr to PLs re ESI protocol, #10 Exhibit J - 2015.10.30 Hogan ltr to Butterfield, et al in resp to 10.27 ltr re search terms, #11 Exhibit K - 2015.10.31 Hogan Response to Lemmon 10.30 ltr re search terms, #12 Exhibit L - 2015.11.05 Sheehan ltr to Hogan re Search Terms w appx, #13 Exhibit M - 2015.11.30 Hogan ltr to Sheehan in resp to 11.05 ltr re search terms w appx, #14 Exhibit N - 2016.02.01 Martin ltr to Butterfield re plans' search terms w appx, #15 Exhibit O - 2016.03.17 Cohen email to Pls re Search Terms, #16 Exhibit P - In-re-Takata-Airbag-Prods-Liab-Litig, #17 Exhibit Q - In re Polyuretheane (ESI), #18 Exhibit R - Fresh and Process Potatoes ESI Protocol)(Martin, John)
March 18, 2016 Filing 569 RESPONSE in Opposition to #563 Provider Plaintiff's Motion to Compel Defendant Highmark to Expedite the Production of Documents Related to Meetings Between Defendants filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Briggs, John)
March 18, 2016 Filing 568 RESPONSE to #563 Motion to Compel Defendant Highmark to Expedite the Production of Documents Related to Meetings Among Certain Defendants filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Zolner, Erica)
March 18, 2016 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 3/18/2016 re #543 MOTION to Quash, #539 MOTION to Compel. (Court Reporter Teresa Roberson.) (KLL)
March 15, 2016 Opinion or Order Filing 567 DISCOVERY ORDER No. 20-re: #544 Motion to Compel. Signed by Magistrate Judge T Michael Putnam on 3/15/16. (AVC)
March 11, 2016 Filing 566 REPORT Regarding Proposed Agenda for Status Conference of March 18, 2016 by Special Master. (Gentle, Edgar)
March 10, 2016 Filing 565 SURREPLY to #551 Alabama Subscriber Plaintiffs' Reply Memorandum in Support of Motion to Compel Discovery Regarding the Filed Rate Doctrine filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Priester, James)
March 9, 2016 Filing 564 Provider Plaintiffs' MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to Expedite Production of Certain Documents by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Whatley, Joe)
March 9, 2016 Filing 563 MOTION to Compel Defendant Highmark to Expedite the Production of Documents Related to Meetings Between Defendants by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Text of Proposed Order)(Whatley, Joe) Modified on 3/10/2016 (AVC, ).
March 9, 2016 Filing 562 JOINT MOTION to Compel Search Term Disclosures by Hogan Lovells Defendants and Memorandum of Points and Authorities in Support Thereof by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: #1 Affidavit Declaration of William P. Butterfield and Supporting Exhibits A-E, #2 Text of Proposed Order)(Ragsdale, Barry)
March 7, 2016 Opinion or Order Filing 561 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Wednesday, March 23, 2016, at 2:00 p.m. in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on March 7, 2016. (AMP)
March 4, 2016 Filing 560 Brief in Support of #543 Motion to Quash Deposition and Document Production Notices filed by Alabama Department of Insurance, Steve Ostlund, Robert Turner. (McDonald, John)
March 4, 2016 Filing 559 Brief in Support of #543 Motion to Quash filed by Defendants' Counsel. (Hoover, Craig)
March 3, 2016 Filing 558 Submission of Proposed Order by Defendants' Counsel re: #539 Motion to Compel (Attachments: #1 Exhibit A)(Malatesta, John)
March 2, 2016 Filing 557 Transcript of Proceedings held on 10/5/2015, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number (205) 492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/23/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 5/31/2016. (Attachments: #1 Certification Page) (AVC)
March 2, 2016 Filing 556 Transcript of Proceedings held on February 25, 2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/23/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 5/31/2016. (MRR, )
March 1, 2016 Filing 555 CONDITIONAL TRANSFER ORDER (CTO-24) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama (Attachments: #1 CTO-24 Schedule with NDAL case numbers)(AVC)
February 26, 2016 Filing 554 Opposition to #543 MOTION to Quash Discovery Subpoenas filed by Plaintiffs' Counsel. (Davis, Gregory)
February 25, 2016 Opinion or Order Filing 553 DISCOVERY ORDER No. 19; granting #513 Motion to Compel; The Provider Plaintiffs are ORDERED to produce, within ten (10) days of theentry of this Order, documents in the Provider Plaintiffs possession that support the allegationthat hospitals and other facilities have closed and that other providers have reduced the scope oftheir services as a result of the defendants alleged antitrust conduct.. Signed by Magistrate Judge T Michael Putnam on 2/25/2016. (KAM, )
February 25, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 2/25/2016; #513 dft BCBS-AL's motion to compel is granted by agreement of the parties, provider plas' to produce documents within 10 days; #544 Alabama Subscriber Plas' motion to compel, arguments by counsel, motion taken under submission; hrg adj. (Court Reporter Leah Turner.) (ASL)
February 23, 2016 Filing 552 ***Document Sealed - Evidentiary submissions in support of #549 (Attachments: #1 TOC, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5) (KAM, )
February 23, 2016 Filing 551 REPLY Brief filed by Plaintiffs Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re: #539 MOTION to Compel Discovery from BCBS-AL re the Filed-Rate Doctrine filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
February 23, 2016 Opinion or Order Filing 550 QUALIFIED PROTECTIVE ORDER amending the terms of the Protective order entered 12/17/2013 as set out in this order. Signed by Judge R David Proctor on 2/23/2016. (KAM, )** SUPPLEMENTED BY #1488 ** Modified on 9/1/2017 (KAM, ).
February 22, 2016 Filing 549 Opposition to re #544 Blue Cross and Blue Shield of Alabama's Response in Opposition to Plaintiffs' Motion to Compel the Production of Documents Responsive to Plaintiffs' Second Request for Production of Documents filed by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Malatesta, John)
February 22, 2016 Filing 548 RESPONSE to Motion re #539 MOTION to Compel (Provider Plaintiffs' Response) filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A)(Brown, W)
February 18, 2016 Filing 547 Opposition to #539 Alabama Subscriber Plaintiffs' Motion to Compel Discovery Regarding the Filed-Rate Doctrine filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Priester, James)
February 18, 2016 Filing 546 Joint MOTION to Amend Protective Order by Defendants' Counsel. (Attachments: #1 Exhibit A)(Hoover, Craig)
February 17, 2016 Opinion or Order Filing 545 ORDER-re: #543 MOTION to Quash Subpoenas. Subscriber Plaintiffs SHALL respond to the Motion by 2/26/2016. The Department of Insurance may reply by 3/4/2016. The Motion is SET for a hearing during the status conference previously set for 3/18/2016 at 9:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. Signed by Judge R David Proctor on 2/17/2016. (AVC)
February 15, 2016 Filing 544 BRIEF in Support of Alabama Subscriber Plaintiffs' Motion to Compel the Production of Documents Responsive to Plaintiffs' Second Request for Production of Documents by Plaintiffs' Counsel. (Attachments: #1 Supplement Certificate of Compliance With Rule 37, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order Proposed Order)(Davis, Gregory)
February 12, 2016 Filing 543 MOTION to Quash Deposition and Document Production Notices by Alabama Department of Insurance, The, Steve Ostlund, Robert Turner . (Attachments: #1 Exhibit Depo notice to Dept. of Insurance, #2 Exhibit Depo notice to S. Ostlund, #3 Exhibit Depo notice to R. Turner)(McDonald, John)
February 12, 2016 Opinion or Order Filing 542 TEXT ORDER - This case is SET for a status conference on Friday, March 18, 2016, in conjunction with the hearing previously set on the Alabama Subscriber Plaintiffs Motion to Compel Discovery from Defendant Blue Cross Blue Shield of Alabama Regarding the Filed-Rate Doctrine. On or before March 11, 2016, the parties SHALL submit a joint report containing a proposed agenda of items that should be addressed during the status conference. Signed by Judge R David Proctor on 2/12/2016. (AVC)
February 10, 2016 Opinion or Order Filing 541 ORDER - re: #539 Motion to Compel Discovery from Defendant Blue Cross Blue Shield of Alabama Regarding the Filed-Rate Doctrine. Dft Blue Cross Blue Shield of Alabama SHALL respond to the Motion by 2/18/2016. Pltfs may reply by 2/23/2016. The Motion is set for a hearing on 3/18/2016 at 9:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. Signed by Judge R David Proctor on 2/10/2016. (AVC)
February 8, 2016 Filing 540 Brief in Support of Motion to Compel. (Ragsdale, Barry)
February 8, 2016 Filing 539 MOTION to Compel by Plaintiffs. (Ragsdale, Barry)
February 5, 2016 Opinion or Order Filing 538 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, February 25, 2016, at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1. Signed by Magistrate Judge T Michael Putnam on February 5, 2016. (AMP)
February 4, 2016 Filing 537 Transcript of Proceedings held on 1/25/2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number (205) 527-2958. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/25/2016. Redacted Transcript Deadline set for 3/7/2016. Release of Transcript Restriction set for 5/4/2016. (AVC)
January 28, 2016 Opinion or Order Filing 536 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 11/1/2015 through 12/31/2015 in this matter as it relates to services rendered for both sides. Signed by Judge R David Proctor on 1/28/2016. (KAM, )
January 28, 2016 Opinion or Order Filing 535 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 11/1/2015 through 12/31/2015 in this matter relating solely to services provided to the plaintiffs Signed by Judge R David Proctor on 1/28/2016. (KAM, ) Modified on 1/28/2016 (KAM, ).
January 25, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 1/25/2016; arguments by counsel re BCBS AL Motion to Compel (doc #513 ) (Court Reporter Lindy Fuller.) (ASL)
January 24, 2016 Filing 534 STATUS REPORT in Advance of January 25, 2016 Hearing by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Malatesta, John)
January 22, 2016 Opinion or Order Filing 533 DISCOVERY ORDER AND BRIEFING SCHEDULE-re: #532 Joint Motion For Entry of Discovery and Briefing Schedule. The joint Motion is GRANTED. It is ORDERED that Consortium and NASCO will substantially complete production of agreed-upon documents by 1/31/2016. Provider Plaintiffs may notice up to three Rule 30(b)(6) deposition sessions to be completed by 3/31/2016. Consortium and NASCO will file any motions and their opening brief within thirty (30) days of Providers Plaintiffs' last Rule 30(b)(6) deposition session. Provider Plaintiffs will file any opposition papers within thirty (30) days of Consortium and NASCO's opening brief. Consortium and NASCO will file any reply papers within twenty-one (21) days of Provider Plaintiffs' opposition papers. Signed by Judge R David Proctor on 1/22/2016. (AVC)
January 21, 2016 Filing 532 Joint MOTION For Entry of Discovery and Briefing Schedule and Proposed Order by Plaintiffs. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
January 21, 2016 Filing 531 Transcript of Proceedings held on 1/14/2016, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/11/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/20/2016. (AVC)
January 19, 2016 Opinion or Order Filing 530 ORDER-A Discovery Status Conference is SET for Monday, January 25, 2016, at 1:30 PM in Courtroom 3B of the Hugo L. Black United States Courthouse, Birmingham, Alabama before Magistrate Judge T Michael Putnam. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on 1/19/2016. (AVC)
January 19, 2016 Filing 529 NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Alabama's Regarding Responsive Pleadings to Newly Filed Complaints (Burkhalter, Carl)
January 19, 2016 Filing 528 Transcript of Proceedings held on January 14, 2016, before Judge T. Michael Putnam. Court Reporter/Transcriber Cheryl Powell, Telephone number 256-508-4050. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 2/9/2016. Redacted Transcript Deadline set for 2/19/2016. Release of Transcript Restriction set for 4/18/2016. (MRR, )
January 14, 2016 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 1/14/2016; discussions regarding progress of discovery and time periods for production; arguments by counsel re: #513 motion to compel by dft BCBS AL; hrg adj (Court Reporter Cheryl Powell.) (ASL)
January 14, 2016 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 1/14/2016. (Court Reporter Leah Turner.) (KLL)
January 13, 2016 Filing 527 Provider Plaintiffs' STATUS REPORT by Plaintiffs. (Whatley, Joe)
January 12, 2016 Filing 526 ***Document Sealed -Pursuant to Protective Order #145 -Joint Brief in Support of Their Motion Based on the Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers' Damages Claims. (Attachments: #1 Table of Contents, #2 Exhibit A, #3 Exhibit A-1, #4 Exhibit A-2, #5 Exhibit A-3, #6 Exhibit A-4, #7 Exhibit A-5, #8 Exhibit A-6, #9 Exhibit A-7, #10 Exhibit A-8, #11 Exhibit A-9, #12 Exhibit A-10, #13 Exhibit A-11, #14 Exhibit A-12, #15 Exhibit A-13, #16 Exhibit A-14, #17 Exhibit A-15, #18 Exhibit A-16, #19 Exhibit A-17, #20 Exhibit A-18, #21 Exhibit A-19, #22 Exhibit A-20, #23 Exhibit A-21, #24 Exhibit A-22, #25 Exhibit A-23, #26 Exhibit A-24, #27 Exhibit A-25, #28 Exhibit A-26, #29 Exhibit A-27, #30 Exhibit A-28, #31 Exhibit A-29, #32 Exhibit A-30, #33 Exhibit A-31, #34 Exhibit A-32, #35 Exhibit A-33, #36 Exhibit A-34, #37 Exhibit A-35, #38 Exhibit A-36, #39 Exhibit A-37, #40 Exhibit A-38, #41 Exhibit A-39, #42 Exhibit A-40, #43 Exhibit A-41, #44 Exhibit A-42, #45 Exhibit A-43, #46 Exhibit A-44, #47 Exhibit A-45, #48 Exhibit A-46, #49 Exhibit A-47, #50 Exhibit A-48, #51 Exhibit A-49, #52 Exhibit A-50, #53 Exhibit A-51, #54 Exhibit B) (AVC)
January 11, 2016 Filing 525 Evidentiary Material re: #523 MOTION for Summary Judgment , #524 Brief . (Priester, James)
January 11, 2016 Filing 524 JOINT Brief in Support of #523 Motion for Summary Judgment filed by Defendants' Counsel. (Priester, James)
January 11, 2016 Filing 523 MOTION for Summary Judgment by Defendants' Counsel. (Priester, James)
January 11, 2016 Opinion or Order Filing 522 DISCOVERY ORDER No. 18- The Motion to Limit The Applicable Time Periods Relation to the Plaintiff's Requests for Unstructured Data #493 is GRANTED IN PART and DENIED IN PART. BCBSA shall be required to produce responsive unstructured data back to 1995 and through December 31, 2013. Signed by Magistrate Judge T Michael Putnam on 1/11/2016. (AVC)
January 11, 2016 Filing 521 RESPONSE to #513 Motion to Compel filed by Plaintiffs. (Attachments: #1 Exhibit A)(Whatley, Joe)
January 8, 2016 Filing 520 Revised Report Regarding Proposed Agenda for Status Conference of January 14, 2016 by Special Master. (Gentle, Edgar)
January 6, 2016 Filing 519 STATUS REPORT Regarding Proposed Agenda For Status Conference of January 14, 2016 filed by Special Master. (Gentle, Edgar)
January 6, 2016 Opinion or Order Filing 518 DISCOVERY ORDER NO. 17- The pltfs' Motion to Compel #488 is GRANTED, and dft BCBS-AL is DIRECTED to designate Koko Mackin and Robin Stone as production custodians. Signed by Magistrate Judge T Michael Putnam on 1/6/2016. (AVC)
January 6, 2016 Filing 517 SURREPLY in Support of Their Response to BCBSA's Motion to Limit the Time Period Applicable to Production of Documents in Response to Certain Unstructured Data Requests filed by Plaintiffs. (Whatley, Joe)
January 5, 2016 Filing 516 REPLY in Support of #493 Motion to Limit the Time Period for Production of Certain Unstructured Data filed by Defendants' Counsel. (Zott, David)
January 5, 2016 Opinion or Order Filing 515 ORDER granting motions #509 & #514 . The Association is directed to file its reply by 1/8/2016, and the pltfs are directed to file a surreply by 1/12/2016. Signed by Magistrate Judge T Michael Putnam on 1/5/2016. (AVC)
January 4, 2016 Filing 514 Consent MOTION for Leave to File Surreply by Plaintiffs. (Attachments: #1 Exhibit 1 - Surreply, #2 Text of Proposed Order)(Whatley, Joe)
December 31, 2015 Filing 513 MOTION to Compel by Defendants' Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Malatesta, John)
December 30, 2015 Filing 512 NOTICE by Defendants' Counsel Regarding Responsive Pleadings to Newly-Filed Complaints (Payton, Gwendolyn)
December 29, 2015 Filing 511 NOTICE by Defendants' Counsel Regarding Responsive Pleadings to Newly-Filed Complaints (Yinger, Emily)
December 28, 2015 Filing 510 NOTICE Regarding Responsive Pleading to Newly Filed Complaints by Blue Shield of California. (Zolner, Erica)
December 28, 2015 Filing 509 MOTION For Leave To File A Reply by Defendants' Counsel. (Attachments: #1 Exhibit 1 - Reply In Support Of Motion To Limit The Time Period For Production Of Certain Unstructured Data)(Zott, David)
December 28, 2015 Filing 508 NOTICE of Answers and Affirmative Defenses to Tag-Along Actions by Defendants' Counsel . (Norman, Brian)
December 28, 2015 Filing 507 NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by Highmark Inc. (Zolner, Erica)
December 28, 2015 Filing 506 NOTICE Regarding Responsive Pleading to Newly-Filed Complaints by Blue Cross Blue Shield of Michigan (Campbell, Andrew)
December 28, 2015 Filing 505 NOTICE That Its Answer and Affirmative Defenses to Subscriber-Track Amended Consolidated Class-Action Complaint Applies to Newly Amended Subscriber-Track Complaints by Defendants' Counsel (Briggs, John)
December 23, 2015 Filing 504 NOTICE of Filing Supplemental Exhibit In Support of Their Response to BCBSA's Motion to Limit the Time Period Applicable to Production of Documents in Response to Certain Unstructured Data Requests by Plaintiffs (Attachments: #1 Exhibit F - Part 1, #2 Exhibit F - Part 2)(Whatley, Joe)
December 23, 2015 Opinion or Order Filing 503 TEXT ORDER - This matter is before the court on Capital Blue Cross's Motion for Leave to File Unredacted Version of Declaration Under Seal #498 . The Motion #498 is GRANTED. Capital Blue Cross may file the referenced document UNDER SEAL. All Counsel are REMINDED to file pleadings related only to individual cases on the docket for the individual cases rather than on the MDL docket. That is, further Motions to Dismiss should be filed in the individual cases to which they relate. The court also directs attention to its October 30, 2015 Order #469 . Signed by Judge R David Proctor on 12/23/2015. (AVC)
December 23, 2015 Opinion or Order Filing 502 ORDER AMENDING DISCOVERY ORDER NO. 1-The parties Joint Notice of Agreement to Amend Discovery Order No. 1 #494 is GRANTED. Discovery Order No. 1 hereby is amended as set out. Signed by Magistrate Judge T Michael Putnam on 12/23/2015. (AVC)
December 22, 2015 Filing 501 Brief re #500 MOTION to Dismiss for Lack of Jurisdiction filed by movant. (McDowell, M)
December 22, 2015 Filing 500 MOTION to Dismiss for Lack of Jurisdiction by movant. (Attachments: #1 Exhibit 1 (Declaration of John H. Proctor, III))(McDowell, M)
December 21, 2015 Filing 499 RESPONSE to #493 Motion To Limit The Time Period Applicable To Production Of Documents In Response To Certain Unstructured Data Requests filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Whatley, Joe)
December 21, 2015 Filing 498 MOTION for Leave to File Unredacted Version of Declaration in Support of Motion to Dismiss Under Seal by Capital BlueCross by Defendants' Counsel. (Payne, Joshua)
December 21, 2015 Filing 497 CONDITIONAL TRANSFER ORDER (CTO-23) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama. (Attachments: #1 Schedule CTO-23 with NDAL Case Numbers)(AVC)
December 18, 2015 Filing 496 Transcript of Proceedings held on 12/15/15, before Judge T. Michael Putnam. Court Reporter/Transcriber Cheryl K. Powell, Telephone number 256-508-4050. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016. Release of Transcript Restriction set for 3/17/2016. (MRR, ) Modified on 1/11/2016 (MRR, ).
December 15, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 12/15/2015; meet & confer updates by counsel; arguments by counsel re: motion #492 & motion #493 ; response by pla to motion #493 to be filed by Monday 12/21/15; order to be entered; hrg adj (Court Reporter Cheryl Powell.) (ASL)
December 14, 2015 Opinion or Order Filing 495 DISCOVERY ORDER No. 16-The Motion to Compel BCBAS to de-designate certain documents as confidential #476 is DENIED. Signed by Magistrate Judge T Michael Putnam on 12/14/2015. (AVC)
December 14, 2015 Filing 494 JOINT NOTICE of Agreement to Amend Discovery Order No. 1 by Defendants' Counsel (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
December 10, 2015 Filing 493 MOTION To Limit The Time Period Applicable To Production Of Documents In Response To Certain Unstructured Data Requests by Defendants' Counsel. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit A - Subscriber and Provider Plaintiffs Requests for Production to All Defendants, January 20, 2015, #3 Exhibit B - iDS Affidavit, December 10, 2015, #4 Exhibit C - C. Cottrell Letter to B. Ragsdale, February 6, 2015, #5 Exhibit D - C. Cottrell Letter to B. Ragsdale, April 16, 2015, #6 Exhibit E - P. Sheehan Letter to C. Cottrell, December 1, 2015, #7 Exhibit F - C. Cottrell Letter to B. Ragsdale, December 5, 2015, #8 Exhibit G - C. Cottrell Email to Plaintiffs, December 9, 2015, #9 Exhibit H - In re Ready-Mixed Concrete Antitrust Litig Entry August 18, 2006)(Zott, David)
December 10, 2015 Filing 492 RESPONSE to #488 Opposed Motion to Compel Designation of Koko Mackin and Robin Stone as Production Custodians filed by Defendants' Counsel. (Malatesta, John)
December 9, 2015 Opinion or Order Filing 491 DISCOVERY ORDER No. 15. Signed by Magistrate Judge T Michael Putnam on 12/9/2015. (AVC)
December 8, 2015 Filing 490 Transcript of Proceedings held on 11/19/2015, before Magistrate Judge T. Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number (205)527-2958. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/29/2015. Redacted Transcript Deadline set for 1/8/2016. Release of Transcript Restriction set for 3/7/2016. (AVC)
December 7, 2015 Opinion or Order Filing 489 ORDER -This case is SET for a discovery conference and a status conference on 1/14/2016. The discovery conference will be held at 10:00a.m. in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, Al before Magistrate Judge T Michael Putnam. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1. The status conference will be held at 2:00p.m., in Courtroom 7A of the Hugo L Black US Courthouse, Birmingham, Al. By 1/8/2016, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 12/7/2015. (AVC)
December 1, 2015 Filing 488 MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to Designate Koko Mackin and Robin Stone as Production Custodians by Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Whatley, Joe)
November 24, 2015 Opinion or Order Filing 487 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 9/1/2015 through 10/31/2015 as it relates to serviced rendered for both sided of the case, and totaling $10,000.00. Signed by Judge R David Proctor on 11/24/2015. (KAM, )
November 24, 2015 Opinion or Order Filing 486 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services and expenses incurred from 9/1/2015 through 10/31/2015 relating solely to serviced provided to the plaintiffs, and totaling $25,000.00. Signed by Judge R David Proctor on 11/24/2015. (KAM, )
November 20, 2015 Opinion or Order Filing 485 DISCOVERY ORDER NO. 14. Signed by Magistrate Judge T Michael Putnam on 11/20/2015. (AVC)
November 20, 2015 Opinion or Order Filing 484 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Tuesday, December 15, 2015 at 2:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1. Signed by Magistrate Judge T Michael Putnam on November 20, 2015. (AMP)
November 20, 2015 Opinion or Order Filing 483 ORDER AMENDING DISCOVERY ORDER NO. 1. Signed by Magistrate Judge T Michael Putnam on 11/20/2015. (AVC)
November 19, 2015 Filing 482 ***Document Sealed, pursuant to Protective Order #145 -Exhibit A to Response in Opposition to Motion to Compel. (AVC)
November 19, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference held on 11/19/2015; updates by counsel re meet & confer; streamlining question and issues anticipated for Dec conf discussed; arguments by counsel on BCBS Michigan Motion #473 ; arguments by counsel on plas' motion to compel association re confidential doc designation #476 ; motions under submission, order to be entered; hrg adj (Court Reporter Lindy Fuller.) (ASL)
November 18, 2015 Filing 481 RESPONSE in Opposition to #476 Motion to Compel filed by Defendants' Counsel. (Attachments: #1 Exhibit A)(Zott, David)
November 18, 2015 Filing 480 RESPONSE to #473 Defendant Blue Cross Blue Shield of Michigan's Motion for Clarification filed by Plaintiffs. (Whatley, Joe)
November 5, 2015 Opinion or Order Filing 479 TEXT ORDER. Any response to #473 Defendant Blue Cross Blue Shield of Michigan's Opposed Motion for Clarification of Discovery No. 10 is due no later than November 18, 2015, and may be no more than eleven (11) pages in length. Any response to #476 Plaintiff's Opposed Motion to Compel is due no later than November 18, 2015 and may be no more than sixteen (16) pages in length. Signed by Magistrate Judge T Michael Putnam on November 5, 2015. (AMP)
November 5, 2015 Opinion or Order Filing 478 TEXT ORDER granting #472 Motion to Modify the Time to Object to Discovery Order No. 10. Parties shall have fourteen (14) days following the entry of the court's decision regarding #473 Defendant Blue Cross Blue Shield of Michigan's Opposed Motion for Clarification of Discovery Order No. 10 to file objections to #457 Discovery Order No. 10. Signed by Magistrate Judge T Michael Putnam on November 5, 2015. (AMP)
November 5, 2015 Filing 477 ***Document Sealed, pursuant to Protective Order #145 -Exhibit 5 to the Declaration of Joe R. Whatley, Jr. in Support of #476 Plaintiff's Motion to Compel Blue Cross Blue Shield Association to De-Designate Documents Improperly Designated as Confidential in Violation of the Protective Order. (Attachments: #1 Exhibit 5) (AVC)
November 5, 2015 Filing 476 MOTION to Compel Blue Cross Blue Shield Association to De-Designate Documents Improperly Designated as Confidential in Violation of Protective Order by Plaintiffs. (Attachments: #1 Affidavit Declaration of Joe R. Whatley, Jr., #2 Text of Proposed Order)(Whatley, Joe)
November 4, 2015 Opinion or Order Filing 475 DISCOVERY ORDER No. 13-Dft's motion for reconsideration #424 is GRANTED IN PART and DENIED IN PART as set out. Signed by Magistrate Judge T Michael Putnam on 11/4/2015. (AVC)
November 3, 2015 Filing 474 Defendant Blue Cross Blue Shield of Michigan's Brief in Support of #473 Opposed Motion for Clarification of Discovery No. 10. (Campbell, Andrew)
November 3, 2015 Filing 473 Defendant Blue Cross Blue Shield of Michigan's Opposed Motion for Clarification of Discovery No. 10 by Defendants' Counsel. (Campbell, Andrew)
November 3, 2015 Filing 472 Defendant Blue Cross Blue Shield of Michigan's Opposed MOTION to Modify the Time to Object to Discovery Order No. 10 by Defendants' Counsel. (Campbell, Andrew)
November 3, 2015 Filing 471 Transcript of Proceedings held on 9/17/2015, before Magistrate Judge T. Michael Putnam. Court Reporter/Transcriber Lindy S. Fuller, Telephone number (205) 527-2958. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/24/2015. Redacted Transcript Deadline set for 12/4/2015. Release of Transcript Restriction set for 2/1/2016. (Attachments: #1 certification page) (AVC)
October 30, 2015 Filing 470 JOINT NOTICE of Agreement to Amend Discovery Order No. 1 #229 by Defendants' Counsel (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
October 30, 2015 Opinion or Order Filing 469 ORDER -The court ORDERS that the pending Motions to Dismiss #446 , #456 , #461 and #467 are DENIED WITHOUT PREJUDICE. Moving dfts' personal jurisdiction and venue defenses are DEEMED PRESERVED to be addressed by this court immediately prior to remand, or by the respective transferor courts after remand. Signed by Judge R David Proctor on 10/30/2015. (AVC)
October 29, 2015 Filing 468 Transcript of Proceedings held on 08/27/2015, before Magistrate Judge T. Michael Putnam Court Reporter/Transcriber Lindy M. Fuller, Telephone number (205) 527-2958. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/19/2015. Redacted Transcript Deadline set for 11/29/2015. Release of Transcript Restriction set for 1/27/2016. (Attachments: #1 certificaion page) (AVC)
October 29, 2015 Filing 467 MOTION to Dismiss for Lack of Jurisdiction by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Andress, D)
October 29, 2015 Filing 466 JOINT NOTICE of Agreement to Amend Discovery Order No. 1 #229 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Hoover, Craig)
October 28, 2015 Filing 465 Highmark Inc.'s ANSWER to Complaint with Jury Demand (Provider Track - Amended Consolidated Class Action Complaint) by Defendants' Counsel.(West, Kimberly)
October 28, 2015 Filing 464 Highmark Inc.'s ANSWER to Complaint with Jury Demand (Subscriber Track - Amended Consolidated Class Action Complaint) by Defendants' Counsel.(West, Kimberly)
October 23, 2015 Filing 463 NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by California Physicians' Services Inc., d/b/a Blue Shield of California. (Zolner, Erica)
October 23, 2015 Filing 462 Brief in Support of #461 MOTION to Dismiss for Lack of Personal Jurisdiction. (Attachments: #1 Affidavit of Jennifer Garrison)(Zolner, Erica)
October 23, 2015 Filing 461 MOTION to Dismiss for Lack of Personal Jurisdiction by California Physicians' Service, Inc., d/b/a Blue Shield of California. (Zolner, Erica)
October 22, 2015 Opinion or Order Filing 460 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, November 19, 2015 at 1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1. Oral Argument on #428 MOTION to Amend Discovery Order No. 1 will be heard immediately following the conference. Any response to the motion may be no more than two (2) pages in length and is due no later than October 29, 2015. No replies shall be filed. Signed by Magistrate Judge T Michael Putnam on October 22, 2015. (AMP)
October 20, 2015 Opinion or Order Filing 459 DISCOVERY ORDER NO. 12. Signed by Magistrate Judge T Michael Putnam on 10/20/2015. (AVC)
October 20, 2015 Opinion or Order Filing 458 DISCOVERY ORDER NO. 11. Signed by Magistrate Judge T Michael Putnam on 10/20/2015. (AVC)
October 20, 2015 Opinion or Order Filing 457 DISCOVERY ORDER NO. 10-The Motion for Protective Order #402 is DENIED, and the Motion to Compel #408 is GRANTED as set out. Signed by Magistrate Judge T Michael Putnam on 10/20/2015. (AVC)
October 19, 2015 Filing 456 MOTION to Dismiss for Provider Complaints for Lack of Personal Jurisdiction and Improper Venue, and Brief in Support Thereof by Triple-S Salud . (Attachments: #1 Exhibit 1)(Hernandez-Burgos, Carlos)
October 19, 2015 Filing 455 NOTICE Regarding Responsive Pleadings to Newly-Filed Complaints by Premera Blue Cross, Also, d/b/a Premera Blue Cross Blue Shield of Alaska. (Payton, Gwendolyn)
October 19, 2015 Filing 454 NOTICE Regarding Responsive Pleading to Newly-Filed Complaints by Blue Cross Blue Shield of Michigan (Stenerson, Todd)
October 19, 2015 Filing 453 NOTICE of Answers and Affirmative Defenses to Tag-Along Actions by Defendants' Counsel (Norman, Brian)
October 19, 2015 Filing 452 NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by Health Care Service Corporation and Caring For Montanans, Inc. (Zolner, Erica)
October 19, 2015 Filing 451 NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by Highmark Inc. (Zolner, Erica)
October 19, 2015 Filing 450 NOTICE that Its Answer and Affirmative Defenses to Corrected Consolidated Second Amended Provider Complaint Applies to Newly Filed Provider-Track Complaints by Independence Hospital Indemnity Plan, Inc.'s (f/k/a Independence Blue Cross) (Briggs, John)
October 19, 2015 Filing 449 NOTICE Regarding Responsive Pleadings to Newly-Filed Complaints by Defendants' Counsel (Hoover, Craig)
October 19, 2015 Filing 448 ANSWER to #236 Amended Complaint by National Account Service LLC.(Zott, David)
October 19, 2015 Filing 447 Brief in Support of #446 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross & Blue Shield of Mississippi. (McDowell, M)
October 19, 2015 Filing 446 MOTION to Dismiss for Lack of Jurisdiction by Blue Cross & Blue Shield of Mississippi by movant. (Attachments: #1 Exhibit 1 (Declaration of John H. Proctor, III))(McDowell, M)
October 19, 2015 Filing 445 ANSWER to #236 Amended Complaint by Consortium Health Plans, Inc..(Zott, David)
October 19, 2015 Filing 444 ANSWER to Complaint with Jury Demand by Blue Cross & Blue Shield of Mississippi .(McDowell, M)
October 19, 2015 Filing 443 NOTICE by Defendants' Counsel re #255 Answer to Amended Complaint, USAble Mutual Insurance Company, dba Arkansas Blue Cross and Blue Shield's Notice that its Answer and Affirmative Defenses to Corrected Consolidated Second Amended Provider Complaint Applies to Newly Filed Provider Track Complaints (Naranjo, Michael)
October 16, 2015 Opinion or Order Filing 442 TEXT ORDER - This matter is before the court on Defendant Capital Blue Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal. #441 . The Motion #441 is GRANTED. Capital Blue Cross may file the referenced documents UNDER SEAL. Signed by Judge R David Proctor on 10/16/2015. (AVC)
October 15, 2015 Filing 441 MOTION for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal by Capital BlueCross by Defendants' Counsel. (Payne, Joshua)
October 8, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held by telephone on 10/8/2015 re #424 MOTION for Reconsideration of #410 the Court's Discovery Order No. 9 filed by Defendants' Counsel; arguments by counsel for SC dft; arguments by counsel for plas; court's remarks; taken under submission (Court Reporter Teresa Roberson.) (ASL)
October 5, 2015 Opinion or Order Filing 440 TEXT ORDER re #424 MOTION for Reconsideration of #410 the Court's Discovery Order No. 9. Oral Argument of the Motion is RESET for Thursday, October 8, 2015, at 3:00 PM, via telephone, before Magistrate Judge T Michael Putnam, as arranged by the Special Master. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on October 5, 2015. (AMP)
October 5, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 10/5/2015; re: SC Motion for reconsideration (doc #424); Ed Gentle, Special Master, plas' counsel Barry Ragsdale & Bill Butterfield, and SC counsel Bruce Rogers present; motion hearing to be held by telephone re: doc #424 on Thursday, 10/8/15 at 3:00 pm (Court Reporter Sabrina Lewis.) (ASL)
October 5, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference held on 10/5/2015; updates from counsel on meet & confer process; discussion regarding items for next discovery conference; arguments by counsel on motions #420, #421, & #422; hrg adj (Court Reporter Leah Turner.) (ASL)
September 28, 2015 Filing 439 Opposition to #422 Motion to Amend Discovery Order No. 3 filed by Defendants' Counsel. (Sooy, Kathleen)
September 28, 2015 Filing 438 Opposition to #424 Motion for Reconsideration filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 23, 2015 Opinion or Order Filing 437 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2015 through August 31, 2015 in this matter as it relates to services rendered for both sides of the case. Signed by Judge R David Proctor on 9/23/2015. (AVC)
September 23, 2015 Opinion or Order Filing 436 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from July 1, 2015 through August 31, 2015 in this matter relating solely to services provided to the Plaintiffs. Signed by Judge R David Proctor on 9/23/2015. (AVC)
September 23, 2015 Filing 435 ***Document Sealed -Pursuant to Protective Order #145 -Exhibit 1 to #431 Provider Plaintiffs' Reply Brief Regarding Certification and Trial of a Nationwide Injunction Class and an Alabama Damages Class. (Attachments: #1 Exhibit 1) (AVC)
September 22, 2015 Filing 434 Subscriber Plaintiffs' Post-Hearing Response in Further Support of their Proposal to Streamline the Litigation re #396 , #414 , #412 , #413 filed by Plaintiffs' Counsel. (Guin, David)
September 22, 2015 Filing 433 REPLY Brief in Response to the Court's August 20, 2015 Order #396 filed by Defendant Defendants' Counsel. (Burkhalter, Carl)
September 22, 2015 Filing 432 REPLY to Supplemental Submissions Regarding Case Management filed by Defendants' Counsel. (Hoover, Craig)
September 22, 2015 Filing 431 REPLY Brief regarding #396 Certification and Trial of a Nationwide Injunction Class and an Alabama Damages Class. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2, #3 Exhibit 3)(Whatley, Joe)
September 22, 2015 Filing 430 JOINT STATUS Regarding Additional Subscriber & Provider Underlying Complaints by Defendants' Counsel. (Sooy, Kathleen)
September 21, 2015 Filing 429 OPPOSITION to #421 Motion to Compel Production of Documents Related to Proposed CIGNA Acquisition filed by Defendants' Counsel. (Attachments: #1 Exhibit A - Correspondence, #2 Exhibit B - Anthem's Letter Brief)(Hoover, Craig)
September 21, 2015 Filing 428 MOTION to Amend Discovery Order No. 1 by Defendants' Counsel. (Attachments: #1 Text of Proposed Order Proposed Order Amending Discovery Order No. 1)(Hoover, Craig) ).
September 21, 2015 Filing 427 RESPONSE in Opposition to #420 Motion to Compel filed by Defendants' Counsel. (Attachments: #1 Exhibit A - 7/23/15 Letter to Plaintiff)(Zott, David)
September 17, 2015 Opinion or Order Filing 426 TEXT ORDER re #424 Defendant Blue Cross and Blue Shield of South Carolina's Motion for Reconsideration of #410 the Court's Discovery Order No. 9. The plaintiffs may file a response to the Motion no later than September 28, 2015. The response may be no more than twelve (12) pages in length. Oral argument on the motion will be heard immediately following the Discovery Status Conference set for October 5, 2015. Signed by Magistrate Judge T Michael Putnam on September 17, 2015. (AMP)
September 17, 2015 Opinion or Order Filing 425 TEXT ORDER re #422 Plaintiffs' Motion to Amend #327 Discovery Order No. 3. The plaintiffs and defendants may file briefs in support or opposition to the motion by no later than September 28, 2015. The briefs may be no more than ten (10) pages in length. Oral argument on the motion will be heard immediately following the Discovery Status Conference set for October 5, 2015. Signed by Magistrate Judge T Michael Putnam on September 17, 2015. (AMP)
September 17, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Motion Hearing held on 9/17/2015 re #402 MOTION for Protective Order to Preclude Discovery of Unrelated Litigation filed by Blue Cross Blue Shield Antitrust Litigation MDL 2406, and #408 MOTION to Compel Production of Documents by Blue Cross Blue Shield of Michigan filed by Plaintiffs' Counsel; counsel for plas and dfts present; arguments by counsel; court's remarks; hrg adj (Court Reporter Lindy Fuller.) (ASL)
September 16, 2015 Filing 424 MOTION for Reconsideration of #410 the Court's Discovery Order No. 9 by Defendants' Counsel. (Rogers, Bruce)
September 16, 2015 Filing 423 Brief in Support of #422 MOTION to Amend Discovery Order No. 3 filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 16, 2015 Filing 422 MOTION to Amend #327 Discovery Order No. 3 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
September 14, 2015 Filing 421 MOTION to Compel Anthem's Production of the Anthem-Cigna Merger Documents by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Whatley, Joe)
September 14, 2015 Filing 420 MOTION to Compel Inspection of the Blue Cross Blue Shield Association's Archives by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Whatley, Joe)
September 14, 2015 Opinion or Order Filing 419 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Monday, October 5, 2015 at 2:00 PM, in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions are governed by subsection II.D.2 of Discovery Order No. 1. Signed by Magistrate Judge T Michael Putnam on September 14, 2015. (AMP)
September 11, 2015 Opinion or Order Filing 418 TEXT ORDER - This matter is before the court on Defendant Blue Cross and Blue Shield of South Carolina's Consent Motion for an Extension of Time to Object to the Court's Discovery Order No. 9. #417 . The Motion #417 is GRANTED. The deadline to object is EXTENDED until fourteen (14) days after a ruling on Defendant Blue Cross and Blue Shield of South Carolina's anticipated Motion to Reconsider. Signed by Judge R David Proctor on 9/11/2015. (AVC)
September 11, 2015 Filing 417 Consent MOTION for Extension of Time to Object to Court's Discovery Order No. 9 by Defendants' Counsel. (Rogers, Bruce)
September 9, 2015 Filing 416 CONDITIONAL TRANSFER ORDER (CTO-22) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 cto-22 schedule with NDAL case number)(AVC)
September 8, 2015 Filing 415 Brief in Response to #396 Court's August 20,2015 Order, filed by Defendants' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burkhalter, Carl)
September 8, 2015 Filing 414 POST-HEARING Submission in Support of #396 Proposal to Streamline the Litigation filed by Plaintiffs' Counsel. (Guin, David)
September 8, 2015 Filing 413 SUPPLEMENTAL SUBMISSION Regarding Case Management by Defendants' Counsel. (Attachments: #1 Exhibit A)(Hoover, Craig)
September 8, 2015 Filing 412 Brief Regarding #396 Certification and Trial of a Nationwide Injunction Class and an Alabama Damages Class. (Whatley, Joe)
September 8, 2015 Filing 411 BRIEF in Response to #408 Motion to Compel Production of Documents by Blue Cross Blue Shield of Michigan . (Campbell, Andrew)
September 2, 2015 Opinion or Order Filing 410 DISCOVERY ORDER No. 9. Signed by Magistrate Judge T Michael Putnam on 9/2/2015. (AVC)
September 1, 2015 Filing 409 Brief in Support of #408 Motion to Compel Production of Documents and in Opposition to #402 Motion for Protective Order by filed by Plaintiffs' Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Whatley, Joe)
September 1, 2015 Filing 408 MOTION to Compel Production of Documents by Blue Cross Blue Shield of Michigan by Plaintiffs' Counsel. (Attachments: #1 Text of Proposed Order)(Whatley, Joe)
August 27, 2015 Opinion or Order Filing 407 TEXT ORDER. As discussed in the Discovery Status Conference held August 27, 2015, any Motions to Compel by the Plaintiffs regarding access to BCBSA archives or production of documents concerning the pending Anthem/Cigna merger may be filed no later than September 14, 2015. Any Response by the Defendants may be filed no later than September 21, 2015. No Replies shall be filed. Oral argument on the Motions will be heard immediately following the September 2015 Discovery Status Conference. Signed by Magistrate Judge T Michael Putnam on August 27, 2015. (AMP, )
August 27, 2015 Opinion or Order Filing 406 TEXT ORDER re #402 MOTION for Protective Order. Plaintiffs may file a Response to the Motion for Protective Order and a Motion to Compel no later than September 1, 2015. Defendant Blue Cross Blue Shield of Michigan may file a Response to the Plaintiffs' Motion to Compel no later than September 8, 2015. No Replies to be filed. A Hearing regarding the Motion for Protective Order and any Motion to Compel filed by the Plaintiffs is SET for Thursday, September 17, 2015, at 10:00 AM in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on August 27, 2015. (AMP)
August 27, 2015 Opinion or Order Filing 405 ORDER AMENDING DISCOVERY ORDER NO. 1. Signed by Magistrate Judge T Michael Putnam on 8/27/2015. (AVC)
August 27, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Status Conference - Discovery Hearing held on 8/27/2015. (Court Reporter Lindy Fuller.) (ASL)
August 26, 2015 Filing 404 CONDITIONAL TRANSFER ORDER (CTO-21) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 cto-21 schedule w/NDAL case numbers)(AVC)
August 26, 2015 Filing 403 CONDITIONAL TRANSFER ORDER (CTO-20) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 cto-20 schedule w/NDAL case numbers)(AVC)
August 25, 2015 Filing 402 MOTION for Protective Order to Preclude Discovery of Unrelated Litigation by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Attachments: #1 Supplement Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Campbell, Andrew)
August 25, 2015 Filing 401 Transcript of Proceedings held on 7/29/2015, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015. Release of Transcript Restriction set for 11/23/2015. (Attachments: #1 certification page) (AVC)
August 25, 2015 Filing 400 Transcript of Proceedings held on 3/26/2015, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015. Release of Transcript Restriction set for 11/23/2015. (Attachments: #1 certification page) (AVC)
August 25, 2015 Filing 399 Transcript of Proceedings held on 1/6/2015, before Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015. Release of Transcript Restriction set for 11/23/2015. (Attachments: #1 certification page) (AVC)
August 24, 2015 Filing 398 Transcript of Proceedings held on 8/19/2015, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number 256-656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/22/2015. (AVC)
August 21, 2015 Opinion or Order Filing 397 TEXT ORDER. The Status Conference set by Discovery Order No.1 (doc. 229) shall be held on Thursday, August 27, 2015 at 1:00 PM, in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam.Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2 of Discovery Order No.1. Signed by Magistrate Judge T Michael Putnam on August 21, 2015. (AMP)
August 20, 2015 Opinion or Order Filing 396 ORDER -It is ORDERED that by 9/2/2015, the parties SHALL file simultaneous initial briefs, limited to thirty (30) pages, addressing the questions posed by the court at the status conference. By 9/9/2015, the parties may file responsive briefs, limited to fifteen (15) pages, on these issues. Signed by Judge R David Proctor on 8/20/2015. (AVC)
August 19, 2015 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 8/19/2015. (Court Reporter Leah Turner.) (KLL)
August 14, 2015 Filing 395 ***SEALED*** Joint REPLY Memorandum in Further Support of Its #387 Motion to Compel BCBS-SC Production of 30(B)(6) Witnesses and Documents. (YMB)
August 14, 2015 Filing 394 Report Regarding Proposed Agenda for Status Conference of August 19, 2015 (Gentle, Edgar)
August 10, 2015 Filing 393 CONDITIONAL TRANSFER ORDER (CTO-19) from Judicial Panel on MDL 2406 transferring 5 actions to the Northern District of Alabama. (Attachments: #1 cto-19 schedule w/NDAL case numbers)(AVC)
August 7, 2015 Filing 392 ***Document Sealed-Pursuant to Protective Order #145 -Response in Opposition to Joint Motion to Compel Production of 30(B)(6) Witnesses and Documents (Attachments: #1 Table of Contents and Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 Part 1, #4 Exhibit 3 Part 2, #5 Exhibit 3 Part 3, #6 Exhibit 3 Part 4, #7 Exhibit 3 Part 5, #8 Exhibits 4-7) (AVC)
August 4, 2015 Filing 391 DISCOVERY MEMORANDUM NO. 2. Signed by Magistrate Judge T Michael Putnam on 8/4/2015. (AVC)
August 4, 2015 Opinion or Order Filing 390 TEXT ORDER re #387 SEALED MOTION filed by Plaintiffs' Counsel. As discussed at the Status Conference held July 29, 2015, the defendants' response to the Sealed Motion (doc. #387 ) is due no later than August 7, 2015. Any reply is due no later than August 14, 2015. Signed by Magistrate Judge T Michael Putnam on August 4, 2015. (AMP)
July 29, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 7/29/2015. Written order to be entered at a later date. (Court Reporter Teresa Robertson.) (YMB)
July 22, 2015 Opinion or Order Filing 389 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 7/22/2015. (AVC)
July 22, 2015 Opinion or Order Filing 388 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 7/22/2015. (AVC)
July 21, 2015 Filing 387 SEALED MOTION-Motion to Compel BCBS-SC Production of 30(B)(6) Witnesses and Documents and Memorandum of Points and Authorities in Support Thereof by Plaintiffs' Counsel. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(AVC)
July 17, 2015 Filing 386 JOINT STATUS REPORT Regarding Discovery Order No. 8 by Defendants' Counsel. (Hoover, Craig)
July 15, 2015 Filing 385 Subscriber Plaintiffs' Response to #377 Defendants' Status Report Regarding Case Management by Plaintiffs' Counsel. (Jones, Megan)
July 15, 2015 Filing 384 Reply in Support of #378 Provider Plaintiffs' Submission Regarding Streamlining of the Litigation, Class Certification and Trial by Plaintiffs' Counsel. (Whatley, Joe)
July 15, 2015 Filing 383 REPLY in Support of #377 Defendants' Case Management Proposal filed by Defendants' Counsel. (Hoover, Craig)
July 13, 2015 Opinion or Order Filing 382 TEXT ORDER. The Status Conference previously set for July 23, 2015, is RESET for Wednesday, July 29, 2015 at 10:00 AM, in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2 of Discovery Order No. 1. Signed by Magistrate Judge T Michael Putnam on July 13, 2015. (AMP)
July 9, 2015 Opinion or Order Filing 381 ORDER-This case is SET for a status conference on 8/19/2015 at 10:30a.m. in Courtroom 7A of the Hugo L Black US Courthouse. By 8/17/2015, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 7/9/2015. (AVC)
July 9, 2015 Opinion or Order Filing 380 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, July 23, 2015 at 1:00 PM, in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2 of Discovery Order No. 1. Signed by Magistrate Judge T Michael Putnam on July 9, 2015. (AMP)
July 1, 2015 Filing 379 Subscriber Plaintiffs' Submission Regarding Streamlining of the Litigation, Class Certification and Trial by Plaintiffs' Counsel. (Bailey, Arthur)
July 1, 2015 Filing 378 Provider Plaintiffs' Submission Regarding Streamlining of the Litigation, Class Certification and Trial by Plaintiffs' Counsel. (Attachments: #1 Exhibit 1)(Whatley, Joe)
July 1, 2015 Filing 377 STATUS REPORT Regarding Case Management by Defendants' Counsel. (Hoover, Craig)
June 25, 2015 Opinion or Order Filing 376 ORDER -Discovery Order No. 1 #229 is hereby amended that all meet and confers regarding Structured Data request shall be completed by 8/28/2015. All other dates and provisions in Discovery Order No. 1 remain in place. Signed by Magistrate Judge T Michael Putnam on 6/25/2015. (AVC)
June 25, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 6/25/2015. (Court Reporter Cheryl Powell.) (ASL)
June 19, 2015 Opinion or Order Filing 375 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, June 25, 2015 at 3:00 p.m., via telephone, as arranged by the Special Master. Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2. of Discovery Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam on June 19, 2015. (AMP)
June 15, 2015 Opinion or Order Filing 374 ORDER-re: #373 Motion to Appoint Michael L. Murphy to the Discovery Committee for the Provider Track. The motion is GRANTED. Mr. Murphy is APPOINTED to serve on the Provider Track Discovery Committee. Signed by Judge R David Proctor on 6/15/2015. (AVC)
June 12, 2015 Filing 373 MOTION to Appoint Counsel Michael Murphy to Discovery Committee for the Provider Track (Unopposed) by Plaintiffs' Counsel. (Whatley, Joe)
June 4, 2015 Opinion or Order Filing 372 CASE MANAGEMENT AND DISCOVERY ORDER No. 8. Signed by Magistrate Judge T. Michael Putnam on 6/4/2015. (KAM, ) Modified on 6/5/2015 (KAM, ).
May 28, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 5/28/2015. (Court Reporter Sabrina Lewis.) (ASL)
May 27, 2015 Filing 371 Transcript of Proceedings held on 5/19/2015, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 6/17/2015. Redacted Transcript Deadline set for 6/27/2015. Release of Transcript Restriction set for 8/25/2015. (AVC)
May 27, 2015 Opinion or Order Filing 370 ORDER-re: Motion to Dismiss filed by NAS and CHP #259 . The motion is DENIED. The parties are DIRECTED to work with Judge Putnam to develop a discovery plan which will encompass expedited discovery on issues relevant to these Defendants' arguments for dismissal. Signed by Judge R David Proctor on 5/26/2015. (AVC)
May 27, 2015 Opinion or Order Filing 369 ORDER-re: Supplemental Motions to Dismiss #249 , #251 , #256 , #258 , #280 , #313 , and #314 . The Motions are due to be and hereby are DENIED WITHOUT PREJUDICE. The moving dfts may renew those motions after jurisdictional discovery is complete, if there is a basis for dismissal under Rules 12(b)(2) and/or (3). The parties are DIRECTED to work with Judge Putnam to develop a discovery plan which will allow for jurisdictional discovery. Signed by Judge R David Proctor on 5/26/2015. (AVC)
May 26, 2015 Opinion or Order Filing 368 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from March 1, 2015 through April 30, 2015. Signed by Judge R David Proctor on 5/26/2015. (AVC)
May 26, 2015 Opinion or Order Filing 367 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for payment for services rendered and expenses incurred from March 1, 2015 through April 30, 2015. Signed by Judge R David Proctor on 5/26/2015. (AVC)
May 21, 2015 Opinion or Order Filing 366 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, May 28, 2015 at 11:00 AM, in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2. of Discovery Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam on May 21, 2015. (AMP)
May 19, 2015 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 5/19/2015. (Court Reporter Leah Turner.) (KLL)
May 14, 2015 Filing 365 NOTICE by Defendants' Counsel re #249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue, #314 SEALED MOTION Capital BlueCross's Notice of Filing of Supplemental Declaration in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Attachments: #1 Supplement Supplemental Declaration of Kimberly Meals)(Payne, Joshua)
May 8, 2015 Filing 364 NOTICE by Defendants' Counsel of Defendants' Proposed Discovery Limits (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoover, Craig)
May 8, 2015 Filing 363 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel of Plaintiffs' Position on Discovery Limits (Attachments: #1 Exhibit A)(Whatley, Joe)
May 4, 2015 Filing 362 REPORT Regarding Proposed Agenda for Status Conference of May 19, 2015 by Special Master. (Gentle, Edgar)
April 27, 2015 Filing 361 CONDITIONAL TRANSFER ORDER (CTO-17) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: #1 cto-17 schedule)(AVC)
April 21, 2015 Opinion or Order Filing 360 ORDER - re: #359 Joint Status Report. In light of the stated desire of a subgroup of the moving Dfts to present additional oral argument on the pending personal jurisdiction and venue motions, the court will entertain additional argument at the 5/19/2015 status conference. However, those Dfts wishing to present argument SHALL confer and coordinate so that only one attorney will argue for those Dfts wishing to present additional argument on the issue of personal jurisdiction and another single attorney will argue for those Dfts wishing to present additional argument on the issue of venue. Signed by Judge R David Proctor on 4/21/2015. (AVC)
April 20, 2015 Filing 359 JOINT STATUS REPORT by Defendants' Counsel. (Sooy, Kathleen)
April 20, 2015 Opinion or Order Filing 358 ORDER -This case is SET for a status conference on 5/19/2015 at 10:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 5/15/2015, the parties SHALL submit a joint report containing proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 4/20/2015. (AVC)
April 20, 2015 Opinion or Order Filing 357 TEXT ORDER. Pursuant to notification by the Special Master that the parties are not in need of a discovery conference at this time, the monthly discovery status conference call implemented by Discovery Order No. 1 (doc. 229) is cancelled for the month of April, 2015. Signed by Magistrate Judge T Michael Putnam on April 20, 2015. (AMP)
April 16, 2015 Opinion or Order Filing 356 CASE MANAGEMENT AND DISCOVERY ORDER No. 7: PROTOCOL RELATING TO THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. Signed by Magistrate Judge T Michael Putnam on 4/16/2015. (AVC)
April 15, 2015 Opinion or Order Filing 355 DISCOVERY ORDER NO. 6 - EXPERT STIPULATION. Signed by Magistrate Judge T Michael Putnam on 4/15/2015. (AVC)
April 15, 2015 Filing 354 Joint MOTION for Entry of Expert Stipulation and Proposed Order by Defendants' Counsel. (Attachments: #1 Text of Proposed Order)(Zott, David)
April 9, 2015 Opinion or Order Filing 353 ORDER -The parties are ORDERED to file a joint written status report by 4/20/2015 addressing the issues as set out. Signed by Judge R David Proctor on 4/9/2015. (AVC)
April 8, 2015 Filing 352 CONDITIONAL TRANSFER ORDER (CTO-16) from Judicial Panel on MDL 2406 transferring 5 actions to the Northern District of Alabama. (Attachments: #1 cto-16 schedule)(AVC)
April 7, 2015 Filing 351 NOTICE by Plaintiffs' Counsel of Filings in Related MDL Proceedings (Guin, David)
March 26, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Status Conference held on 3/26/2015. (Court Reporter Teresa Roberson.) (ASL)
March 25, 2015 Filing 350 JOINT STATUS REPORT Regarding Status of Discovery by Defendants' Counsel. (Hoover, Craig)
March 25, 2015 Opinion or Order Filing 349 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2015 through February 28, 2015. Signed by Judge R David Proctor on 3/25/2015. (AVC)
March 25, 2015 Opinion or Order Filing 348 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from January 1, 2015 through February 28, 2015. Signed by Judge R David Proctor on 3/25/2015. (AVC)
March 23, 2015 Filing 347 Transcript of Proceedings held on 3/17/2015, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number 256-656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015. Release of Transcript Restriction set for 6/21/2015. (AVC)
March 23, 2015 Opinion or Order Filing 346 TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, March 26, 2015, at 3:00 PM, via telephone, as arranged by the Special Master. Court reporter to be present. Any written submissions by the parties are governed by subsection II.D.2. of Discovery Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam on March 23, 2015. (AMP)
March 17, 2015 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 3/17/2015. (Court Reporter Leah Turner.) (KLL)
March 16, 2015 Filing 345 REPLY to Response to Motion re # 259 MOTION to Dismiss and Brief in Support filed by National Account Service LLC, Consortium Health Plans, Inc.. (Zott, David)
March 12, 2015 Opinion or Order Filing 344 ORDER -re: Motion to Intervene with Newly Discovered Evidence # 342 . The motion is DENIED WITHOUT PREJUDICE because it fails to attach a proposed Complaint in Intervention. The parties should be prepared to discuss an appropriate resolution of Lambert's and Rich's desire to intervene at the status conference on 3/17/2015 at 10:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. Signed by Judge R David Proctor on 3/12/2015. (AVC)
March 11, 2015 Filing 343 Joint MOTION For Entry of Proposed Case Management Order Regarding Protocol Relating to the Production of Documents and Electronically Stored Information by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
March 10, 2015 Filing 342 MOTION to Intervene by Amber Lambert, Jonathan Rich. (AVC)
March 10, 2015 Filing 341 REPLY Brief filed by Movant movant re: # 256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of Mississippi filed by movant. (McDowell, M)
March 10, 2015 Filing 340 REPLY to Response to Motion re # 251 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue as to Triple-S Salud, Inc. filed by Defendants' Counsel. (Hernandez-Burgos, Carlos)
March 10, 2015 Filing 339 REPLY to Response to Motion re # 249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue , # 314 SEALED MOTION of Capital BlueCross filed by Defendants' Counsel. (Payne, Joshua)
March 10, 2015 Filing 338 REPLY to Response to Motion re # 258 Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield filed by Defendants' Counsel. (Attachments: # 1 Exhibit A: Affidavit of Todd Muscatello, # 2 Exhibit B: Affidavit of Denise Carlson)(Andress, D)
March 10, 2015 Filing 337 STATUS REPORT Report Regarding Proposed Agenda for Status Conference of March 17, 2015 by Special Master. filed by Special Master (Gentle, Edgar)
March 10, 2015 Filing 336 RESPONSE in Support re # 313 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Defendants' Counsel. (Sooy, Kathleen)
March 9, 2015 Filing 335 NOTICE of Change of Address by Richard P Rouco (Rouco, Richard)
February 27, 2015 Opinion or Order Filing 334 ORDER -This case is SET for a status conference on 3/17/2015 at 10:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 3/13/2015, the parties SHALL submit a joint report containing a proposed agenda of items the parties wish to be addressed during the status conference. Signed by Judge R David Proctor on 2/27/2015. (AVC)
February 23, 2015 Opinion or Order Filing 333 DISCOVERY ORDER NO. 5 -- SETTING DISCOVERY SCHEDULE FOR RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION- Certain dfts who have identified themselves to pltfs will have until 2/26/2015 to serve written responses and objections to the RFPs; The remaining dfts will have until 3/25/2015 to serve their written responses and objections to the RFPs. Signed by Magistrate Judge T Michael Putnam on 2/23/2015. (AVC)
February 23, 2015 Opinion or Order Filing 332 DISCOVERY ORDER NO. 4 (NEW PARTIES). Signed by Magistrate Judge T Michael Putnam on 2/23/2015. (AVC)
February 20, 2015 Filing 331 MOTION for Discovery Schedule for Defendants Responses to Plaintiffs Requests for Production (Unopposed) by Defendants' Counsel. (Attachments: # 1 Text of Proposed Order)(Zott, David)
February 18, 2015 Opinion or Order Filing 330 TEXT ORDER. Pursuant to notification by the Special Master that the parties are not in need of a discovery conference at this time, the monthly status call implemented by Discovery Order No. 1 (doc. 229) is cancelled for the month of February, 2015. Signed by Magistrate Judge T Michael Putnam on February 18, 2015. (AMP, )
February 16, 2015 Filing 329 Joint MOTION for Discovery Order for New Parties by Consortium Health Plans, Inc., National Account Service LLC. (Attachments: # 1 Text of Proposed Order)(Zott, David)
February 13, 2015 Filing 328 RESPONSE in Opposition re # 259 MOTION to Dismiss and Brief in Support filed by Plaintiffs' Counsel. (Whatley, Joe)
February 12, 2015 Opinion or Order Filing 327 DISCOVERY ORDER NO. 3. Signed by Magistrate Judge T Michael Putnam on 2/12/2015. (AVC)
February 10, 2015 Filing 326 Transcript of Proceedings held on 1/21/2015, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256) 656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/3/2015. Redacted Transcript Deadline set for 3/13/2015. Release of Transcript Restriction set for 5/11/2015. (AVC)
February 6, 2015 Filing 325 RESPONSE to Motion re # 259 MOTION to Dismiss and Brief in Support , # 313 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue , # 258 Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield , # 249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue , # 280 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue , # 251 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue as to Triple-S Salud, Inc. , # 314 SEALED MOTION, # 256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of Mississippi (Subscriber Plaintiffs' Response to Motions to Dismiss Asserting Lack of Personal Jurisdiction and Improper Venue) filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
February 6, 2015 Filing 324 DISCOVERY MEMORANDUM NO. 1. Signed by Magistrate Judge T Michael Putnam on 2/6/2015. (AVC)
February 6, 2015 Filing 323 RESPONSE in Opposition re # 313 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue , # 258 Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield , # 249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue , # 280 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue , # 251 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue as to Triple-S Salud, Inc. , # 256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of Mississippi filed by Plaintiffs' Counsel. (Whatley, Joe)
January 27, 2015 Opinion or Order Filing 322 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 12/1/2014 through 12/31/2014. Signed by Judge R David Proctor on 1/27/2015. (AVC)
January 27, 2015 Opinion or Order Filing 321 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for services rendered and expenses incurred from 12/1/2014 through 12/31/2014. Signed by Judge R David Proctor on 1/27/2015. (AVC)
January 22, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing/Status Conference held on 1/22/2015. (Court Reporter Teresa Roberson.) (ASL)
January 21, 2015 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 1/21/2015. (Court Reporter Leah Turner.) (KLL)
January 20, 2015 Filing 320 NOTICE by Defendants' Counsel of Joint Motion for Entry of Proposed Case Management Order Regarding Deposition Guidelines (Attachments: # 1 Proposed Case Management Order No. ___ : Deposition Guidelines)(Hoover, Craig)
January 19, 2015 Filing 319 REPORT Regarding Briefing Schedule and Agenda for Status Conference of January 21 2015 by Special Master. (Gentle, Edgar)
January 15, 2015 Filing 318 NOTICE of Change of Address by R Christopher Cowan (Cowan, R)
January 13, 2015 Filing 317 CONDITIONAL TRANSFER ORDER (CTO-15) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: # 1 cto-15 schedule with NDAL case number)(AVC)
January 12, 2015 Opinion or Order Filing 316 ORDER -This case is SET for a status conference on 1/21/2015 at 10:00a.m., in Courtroom 7A of the Hugo L. Black United States Courthouse. By 1/19/2015, the parties SHALL submit a joint report containing a proposed briefing schedule for pending motions, as well as a proposed agenda of other items that should be addressed during the status conference. Signed by Judge R David Proctor on 1/12/2015. (AVC)
January 6, 2015 Opinion or Order Filing 315 TEXT ORDER. Pursuant to the telephone conference held on January 6, 2015, the Status Conference set by Discovery Order No. 1 (doc. 229) shall be held on Thursday, January 22, 2015, at 1:30 PM in Courtroom 3B, at the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Any letter briefs regarding issues to be discussed at the Status Conference shall be submitted by the Plaintiffs no later than January 16, 2015. The Defendants may file a response no later than noon CST on January 21, 2015. Signed by Magistrate Judge T Michael Putnam on January 6, 2015. (AMP, )
January 6, 2015 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 1/6/2015. (Court Reporter Teresa Roberson.) (ASL)
December 22, 2014 Filing 314 SEALED MOTION of Capital BlueCross to dismiss. (Attachments: # 1 Exhibit 1)(KAM, )
December 22, 2014 Filing 313 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendants' Counsel. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1 - Supplemental Affidavit of Christine Epper (AZ), # 3 Exhibit 2 - Affidavit of Shelley Pittman (KS), # 4 Exhibit 3 - Supplemental Affidavit of Dave Keiter (WY), # 5 Exhibit 4 - Supplemental Affidavit of David Horn (HHNY), # 6 Exhibit 5 - Affidavit of Sharon Fletcher (ND)(Sooy, Kathleen)
December 22, 2014 Filing 312 Blue Cross of Idaho Health Service Inc.'s ANSWER to Complaint with Jury Demand (Answer to # 244 Amended Complaint for Subscriber Track Plaintiffs against All Defendants) by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 311 Blue Cross of Idaho Health Service Inc.'s ANSWER to Complaint with Jury Demand (Answer to # 236 Corrected Consolidated Second Amended Provider Complaint) by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 310 Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with Jury Demand (Answer to # 244 Amended Complaint for Subscriber Track Plaintiffs against All Defendants by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 309 Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with Jury Demand (Answer to # 236 Corrected Consolidated Second Amended Provider Complaint) by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 308 Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury Demand (Answer to # 244 Amended Complaint for Subscriber Track Plaintiffs against All Defendants) by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 307 ANSWER to # 244 Amended Complaint by Highmark, Inc..(West, Kimberly)
December 22, 2014 Filing 306 ANSWER to # 236 Amended Complaint by Highmark, Inc..(West, Kimberly)
December 22, 2014 Filing 305 Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury Demand (Answer to # 236 Corrected Consolidated Second Amended Provider Complaint) by Defendants' Counsel.(Sooy, Kathleen)
December 22, 2014 Filing 304 ANSWER to # 244 Amended Complaint by Health Care Service Corporation and Caring for Montanan's, Inc..(West, Kimberly)
December 22, 2014 Filing 303 ANSWER to # 236 Amended Complaint by Health Care Service Corporation and Caring for Montanan's, Inc..(West, Kimberly)
December 22, 2014 Filing 302 ANSWER to # 236 Amended Complaint by Group Hospitalization and Medical Services, Inc..(Norman, Brian)
December 22, 2014 Filing 301 Defendant Premera Blue Crosss Answer and Affirmative Defenses ANSWER to # 244 Amended Complaint by Premera Blue Cross.(Payton, Gwendolyn)
December 22, 2014 Filing 300 ANSWER to # 244 Amended Complaint by Blue Shield of California.(West, Kimberly)
December 22, 2014 Filing 299 ANSWER to # 236 Amended Complaint by CareFirst of Maryland, Inc..(Norman, Brian)
December 22, 2014 Filing 298 Defendant Premera Blue Cross's Answer and Affirmative Defenses ANSWER to # 236 Amended Complaint by Premera Blue Cross.(Payton, Gwendolyn)
December 22, 2014 Filing 297 ANSWER to # 236 Amended Complaint by Blue Shield of California.(West, Kimberly)
December 22, 2014 Filing 296 ANSWER to # 236 Amended Complaint by CareFirst, Inc..(Norman, Brian)
December 22, 2014 Filing 295 ANSWER to # 244 Amended Complaint by Blue Cross Blue Shield Association.(Zott, David)
December 22, 2014 Filing 294 ANSWER to Complaint with Jury Demand re: # 244 (Subscriber Track, D.I. 244) by Defendants' Counsel.(Adcox, Rachel)
December 22, 2014 Filing 293 ANSWER to # 244 Amended Complaint by Group Hospitalization and Medical Services, Inc..(Norman, Brian)
December 22, 2014 Filing 292 ANSWER to # 244 Amended Complaint by CareFirst of Maryland, Inc..(Norman, Brian)
December 22, 2014 Filing 291 ANSWER to # 244 Amended Complaint by CareFirst, Inc..(Norman, Brian)
December 22, 2014 Filing 290 ANSWER to # 236 Amended Complaint by Defendants' Counsel.(Adcox, Rachel)
December 22, 2014 Filing 289 ANSWER to # 236 Amended Complaint by Blue Cross Blue Shield Association.(Zott, David)
December 22, 2014 Filing 288 ANSWER to # 244 Amended Complaint by Wellmark, Inc..(Hoover, Craig)
December 22, 2014 Filing 287 ANSWER to # 244 Amended Complaint by Horizon Blue Cross Blue Shield of New Jersey.(Hoover, Craig)
December 22, 2014 Filing 286 ANSWER to # 244 Amended Complaint by Hawaii Medical Service Association.(Hoover, Craig)
December 22, 2014 Filing 285 ANSWER to # 244 Amended Complaint by Cambia Health Solutions, Inc..(Hoover, Craig)
December 22, 2014 Filing 284 ANSWER to # 244 Amended Complaint by Blue Cross Blue Shield of Vermont.(Hoover, Craig)
December 22, 2014 Filing 283 ANSWER to # 244 Amended Complaint by Blue Cross Blue Shield of Tennessee, Inc..(Hoover, Craig)
December 22, 2014 Filing 282 ANSWER to # 244 Amended Complaint by Blue Cross and Blue Shield of South Carolina.(Hoover, Craig)
December 22, 2014 Filing 281 ANSWER to # 244 Amended Complaint by Blue Cross Blue Shield of Rhode Island.(Hoover, Craig)
December 22, 2014 Filing 280 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Blue Cross of Northeastern Pennsylvania. (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Brian Rinker, # 3 Text of Proposed Order Proposed Order)(Madden, Lezlie)
December 22, 2014 Filing 279 ANSWER to # 244 Amended Complaint by Blue Cross and Blue Shield of North Carolina.(Hoover, Craig)
December 22, 2014 Filing 278 ANSWER to # 244 Amended Complaint by BCBSM, Inc.,.(Hoover, Craig)
December 22, 2014 Filing 277 ANSWER to # 244 Amended Complaint by Blue Cross and Blue Shield of Massachusetts, Inc..(Hoover, Craig)
December 22, 2014 Filing 276 ANSWER to # 244 Amended Complaint by Louisiana Health Service & Indemnity Company.(Hoover, Craig)
December 22, 2014 Filing 275 ANSWER to # 244 Amended Complaint by Blue Cross Blue Shield of Florida, Inc..(Hoover, Craig)
December 22, 2014 Filing 274 ANSWER to # 244 Amended Complaint by Anthem, Inc..(Hoover, Craig)
December 22, 2014 Filing 273 ANSWER to # 236 Amended Complaint by Wellmark, Inc..(Hoover, Craig)
December 22, 2014 Filing 272 ANSWER to # 236 Amended Complaint by Horizon Blue Cross Blue Shield of New Jersey.(Hoover, Craig)
December 22, 2014 Filing 271 ANSWER to # 236 Amended Complaint by Hawaii Medical Service Association.(Hoover, Craig)
December 22, 2014 Filing 270 ANSWER to # 236 Amended Complaint by Cambia Health Solutions, Inc..(Hoover, Craig)
December 22, 2014 Filing 269 ANSWER to # 236 Amended Complaint by Blue Cross Blue Shield of Vermont.(Hoover, Craig)
December 22, 2014 Filing 268 ANSWER to # 236 Amended Complaint by Blue Cross Blue Shield of Tennessee, Inc..(Hoover, Craig)
December 22, 2014 Filing 267 ANSWER to # 236 Amended Complaint by Blue Cross and Blue Shield of South Carolina.(Hoover, Craig)
December 22, 2014 Filing 266 ANSWER to # 236 Amended Complaint by Blue Cross Blue Shield of Rhode Island.(Hoover, Craig)
December 22, 2014 Filing 265 ANSWER to # 236 Amended Complaint by Blue Cross and Blue Shield of North Carolina.(Hoover, Craig)
December 22, 2014 Filing 264 ANSWER to # 236 Amended Complaint by BCBSM, Inc.,.(Hoover, Craig)
December 22, 2014 Filing 263 ANSWER to # 236 Amended Complaint by Blue Cross and Blue Shield of Massachusetts, Inc..(Hoover, Craig)
December 22, 2014 Filing 262 ANSWER to # 236 Amended Complaint by Louisiana Health Service & Indemnity Company.(Hoover, Craig)
December 22, 2014 Filing 261 ANSWER to # 236 Amended Complaint by Blue Cross Blue Shield of Florida, Inc..(Hoover, Craig)
December 22, 2014 Filing 260 ANSWER to # 236 Amended Complaint by Anthem, Inc..(Hoover, Craig)
December 22, 2014 Filing 259 MOTION to Dismiss and Brief in Support by National Account Service LLC, Consortium Health Plans, Inc.. (Attachments: # 1 Text of Proposed Order)(Zott, David)
December 22, 2014 Filing 258 Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield by Defendants' Counsel. (Andress, D)
December 22, 2014 Filing 257 Brief re # 256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of Mississippi filed by movant. (McDowell, M)
December 22, 2014 Filing 256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of Mississippi by movant. (Attachments: # 1 Exhibit 1 (Second Supplemental Declaration of John Proctor III))(McDowell, M)
December 22, 2014 Filing 255 USAble Mutual Insurance Company dba Arkansas Blue Cross and Blue Shield's Answer to Corrected Consolidated Second Amended Provider Track Complaint ANSWER to # 236 Amended Complaint by Defendants' Counsel.(Naranjo, Michael)
December 22, 2014 Filing 254 Blue Cross Blue Shield of Michigan ANSWER to # 85 Amended Complaint of Subscriber Complaint by Defendants' Counsel.(Campbell, Andrew)
December 22, 2014 Filing 253 Blue Cross Blue Shield of Michigan's ANSWER to # 236 Amended Complaint to Corrected Consolidated Second Amended Provider Complaint by Defendants' Counsel.(Campbell, Andrew)
December 22, 2014 Filing 252 USAble Mutual Insurance Company, dba Arkansas Blue Cross and Blue Shield's Answer to Subscriber Track Amended Consolidated Class Action Complaint ANSWER to # 244 Amended Complaint by Defendants' Counsel.(Naranjo, Michael)
December 22, 2014 Filing 251 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue as to Triple-S Salud, Inc. by Defendants' Counsel. (Attachments: # 1 Exhibit 1 - Declaration of Osvaldo Feliu-Villegas)(Hernandez-Burgos, Carlos)
December 22, 2014 Opinion or Order Filing 250 TEXT ORDER. Telephone Conference set with Ed Gentle, Barry Ragsdale, and Kimberly West, for Tuesday, January 6, 2015, at 10:00 AM before Magistrate Judge T Michael Putnam. Counsel may call chambers by dialing 866-933-0528 and entering PIN number 3894. Court reporter to be present. Signed by Magistrate Judge T Michael Putnam on December 22, 2014. (AMP)
December 22, 2014 Filing 249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper Venue by Defendants' Counsel. (Attachments: # 1 Exhibit 1 (Declaration of Kimberly Meals))(Payne, Joshua)
December 22, 2014 Filing 248 ANSWER to # 244 Amended Complaint by Blue Cross and Blue Shield of Alabama.(Burkhalter, Carl)
December 22, 2014 Filing 247 ANSWER to # 236 Amended Complaint by Blue Cross and Blue Shield of Alabama.(Burkhalter, Carl)
December 22, 2014 Filing 246 NOTICE by Defendants' Counsel OF AGREEMENT REGARDING CFMI'S NEED TO ANSWER COMPLAINT (Norman, Brian) (Modified on 12/22/2014 (CTS, ).
December 19, 2014 Opinion or Order Filing 245 TEXT ORDER - This matter is before the court on Defendant Capital Blue Cross's Motion to Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal. # 243 . The Motion # 243 is GRANTED . Capital Blue Cross may file the referenced documents UNDER SEAL . Signed by Judge R David Proctor on 12/19/2014. (AVC)
December 19, 2014 Filing 244 AMENDED COMPLAINT for Subscriber Track Plaintiffs against All Defendants, filed by Plaintiffs' Counsel.(Kiernan, Kathleen)
December 18, 2014 Filing 243 MOTION for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal by Defendants' Counsel. (Payne, Joshua)
December 18, 2014 Opinion or Order Filing 242 ORDER -re: Notice of Agreement Regarding Discovery Order # 241 . The court construes the notice as a Joint Motion to Amend Discovery Order No. 1. The motion is GRANTED. The date for completing meet and confers under Section III.B.1 of Discovery Order No. 1 is extended to 1/14/2015, and the date for submitting to the Court any unresolved disputes under Section III.B.1 is extended to 1/16/2015. All other dates and provisions in Discovery Order No. 1 remain in place.Signed by Magistrate Judge T Michael Putnam on 12/18/2014. (AVC)
December 17, 2014 Filing 241 NOTICE by Defendants' Counsel Notice of Agreement Regarding Discovery Order (Hoover, Craig)
December 8, 2014 Filing 240 JOINT STATUS REPORT Regarding Personal Jurisdiction and Venue Motions filed by Defendants' Counsel (Sooy, Kathleen)
December 2, 2014 Filing 239 Transcript of Proceedings held on 11/7/2014, before Judge R. David Proctor. Court Reporter/Transcriber Leah Turner, Telephone number 256-656-8239. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 12/23/2014. Redacted Transcript Deadline set for 1/2/2015. Release of Transcript Restriction set for 3/2/2015. (AVC)
December 2, 2014 Opinion or Order Filing 238 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 12/2/2014. (AVC)
December 2, 2014 Opinion or Order Filing 237 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 12/2/2014. (AVC)
November 25, 2014 Filing 236 AMENDED COMPLAINT (Corrected Consolidated Second Amended Provider Complaint) against All Defendants, filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Whatley, Joe)
November 10, 2014 Opinion or Order Filing 235 TEXT ORDER - The court conducted a status conference in this matter on November 7, 2014. As discussed during that conference, on or before December 8, 2014 , the parties SHALL file a joint status report regarding whether they have been able to reach a stipulation regarding how the court and parties should approach the personal jurisdiction, venue, and improper party-plaintiff arguments advanced by certain of the Defendants. Signed by Judge R David Proctor on 11/10/2014. (AVC)
November 7, 2014 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 11/7/2014. (Court Reporter Leah Turner.) (KLL)
November 6, 2014 Filing 234 NOTICE of Appearance by Yawanna Nabors McDonald on behalf of Defendants' Counsel (McDonald, Yawanna)
November 5, 2014 Filing 233 Transcript of Proceedings held on October 22, 2014, before Judge Putnam. Court Reporter/Transcriber Cheryl Powell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 11/26/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/3/2015. (MRR, )
October 31, 2014 Filing 232 NOTICE by Blue Cross Blue Shield of Mississippi, A Mutual Insurance Company of Service of Discovery Responses (McDowell, M)
October 22, 2014 Opinion or Order Filing 231 DISCOVERY ORDER NO. 2. Signed by Magistrate Judge T Michael Putnam on 10/22/14. (CTS, )
October 22, 2014 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 10/22/2014; statements from plas' and dfts' counsel; Discovery Order No. 2 to be entered; hrg adj (Court Reporter Cheryl Powell.) (ASL)
October 20, 2014 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Telephone Conference held on 10/20/2014. (Court Reporter none.) (ASL)
October 20, 2014 Opinion or Order Filing 230 TEXT ORDER re # 229 Discovery Order No. 1. At the request of the parties, the conference with the Magistrate Judge previously set for October 23, 2014, is RESET for Wednesday, October 22, 2014, at 3:00 p.m. CT in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on October 20, 2014. (AMP)
October 16, 2014 Opinion or Order Filing 229 DISCOVERY ORDER NO. 1. Signed by Magistrate Judge T Michael Putnam on 10/16/2014. (AVC)
October 14, 2014 Filing 228 NOTICE by Defendants' Counsel Regarding Updated Discovery Plan Proposal (Attachments: # 1 Exhibit A (Defendants' Proposed Discovery Plan))(Hoover, Craig)
October 10, 2014 Filing 227 NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Plaintiffs' Notice of Filing of Amended Proposed Discovery Plan) (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry)
October 9, 2014 Filing 226 Transcript of Proceedings held on 10/6/2014, before Magistrate Judge T. Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number 205-492-2483. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 10/30/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/7/2015. (Attachments: # 1 cert page) (AVC)
October 6, 2014 Minute Entry for proceedings held before Magistrate Judge T Michael Putnam: Discovery Hearing held on 10/6/2014; statements from plas' and dfts' counsel; parties to submit discovery plan by 10/14/14; discovery plan to be entered by Judge Putnam; hrg adj (Court Reporter Teresa Roberson.) (ASL)
October 1, 2014 Opinion or Order Filing 225 TEXT ORDER Discovery Hearing set for 10/6/2014 at 11:30 AM in courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam; court reporter to be present. Signed by Magistrate Judge T Michael Putnam on 10/1/14. (ASL)
September 30, 2014 Filing 224 AMENDED COMPLAINT (Consolidated Second Amended Provider Complaint) against All Defendants, filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Whatley, Joe)
September 22, 2014 Opinion or Order Filing 223 ORDER -This case is SET for a status conference on 11/7/2014 at 10:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By 11/3/2014, the parties SHALL submit a joint report containing a proposed briefing schedule for motions to dismiss, as well as a proposed agenda of other items that should be addressed during the status conference. Signed by Judge R David Proctor on 9/22/2014. (AVC)
September 2, 2014 Filing 222 STATUS REPORT (Advanced Surgery Plaintiffs' Supplemental Status Report) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
August 28, 2014 Filing 221 Brief re # 219 Status Report (Brief in Support of Defendants' Discovery Plan) . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Hoover, Craig)
August 28, 2014 Filing 220 Brief (Memorandum in Support of Plaintiffs' Proposed Discovery Plan) . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe)
August 28, 2014 Filing 219 STATUS REPORT (Joint) by Defendants' Counsel. filed by Defendants' Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoover, Craig)
August 25, 2014 Opinion or Order Filing 218 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 8/25/2014. (AVC)
August 25, 2014 Opinion or Order Filing 217 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 8/25/2014. (AVC)
August 14, 2014 Filing 216 NOTICE of Change of Address by R Christopher Cowan (Cowan, R)
August 14, 2014 Opinion or Order Filing 215 ORDER -re: Motion to Amend the Subscriber Track Consolidated Class Action Complaint # 200 . The motion is GRANTED. All current deadlines to file amended complaints are VACATED. The remainder of the relief sought in the Motion to dismiss # 108 is DENIED WITHOUT PREJUDICE. The Complaints to which those arguments are addressed will no longer be the operative Complaints. Therefore, the remainder of that Motion is MOOT. Signed by Judge R David Proctor on 8/14/2014. (AVC)
August 6, 2014 Filing 214 NOTICE of Change of Address by J Allen Schreiber (Schreiber, J)
July 29, 2014 Filing 213 NOTICE of Change of Address by Andrew Phillip Campbell (Campbell, Andrew)
July 15, 2014 Filing 212 STATUS REPORT (Joint Report Regarding Pending Motions to Dismiss) by Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig)
July 15, 2014 Filing 211 STATUS REPORT (Joint Report Regarding Discovery Plan) by Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig)
July 15, 2014 Filing 210 STATUS REPORT (Joint Report) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
July 11, 2014 Filing 209 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: # 200 MOTION for Leave to File Amended Complaint filed by Plaintiffs' Counsel. (Ragsdale, Barry)
June 27, 2014 Filing 208 RESPONSE to Motion re # 200 MOTION for Leave to File Amended Complaint filed by Defendants' Counsel. (Hoover, Craig)
June 19, 2014 Filing 207 NOTICE of Change of Address by Robert J Axelrod (Axelrod, Robert)
June 19, 2014 Filing 206 NOTICE of Change of Address by Charles C Hunter (Hunter, Charles)
June 18, 2014 Opinion or Order Filing 205 ORDER-In accordance with the Memorandum Opinion # 204 , the court concludes that various Dfts' Motions to Dismiss # 107 , # 110 , # 112 , # 113 , # 114 , # 116 , # 119 , # 121 , # 122 , # 125 ,and # 135 are hereby DENIED WITHOUT PREJUDICE. Dfts' Consolidated Motion to Dismiss # 108 is DENIED IN PART. By 7/15/2014, the parties SHALL file a joint status report regarding a proposal for consideration of the remaining issues raised in Dfts' Supplemental Brief in Support of Motion to Dismiss # 115 related to the Consolidated Motion to Dismiss # 108 . Signed by Judge R David Proctor on 6/18/2014. (AVC)
June 18, 2014 Filing 204 MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/18/2014. (AVC)
June 17, 2014 Opinion or Order Filing 203 TEXT ORDER - This matter is before the court on the Joint Request for an Amended Scheduling Order. # 202 . The request # 202 is GRANTED . To the extent Defendants have any opposition to the Motion of the Subscriber Plaintiffs to Amend the Subscriber Track Consolidated Class Action Complaint # 200 consistent with Rule 15(a), such opposition SHALL be filed on or before June 27, 2014 . Subscriber Plaintiffs may reply on or before July 11, 2014 . Signed by Judge R David Proctor on 6/17/2014. (AVC)
June 16, 2014 Filing 202 Joint MOTION to Amend/Correct Scheduling Order by Defendants' Counsel. (West, Kimberly)
June 13, 2014 Opinion or Order Filing 201 TEXT ORDER This matter before the court on the Motion of the Subscriber Plaintiffs to Amend the Subscriber Track Consolidated Class Action Complaint. # 200 To the extent Defendants have any opposition to the Motion consistent with Rule 15(a), such opposition SHALL be filed on or before June 20, 2014 .. Signed by Judge R David Proctor on 6/13/2014. (KAM, )
June 12, 2014 Filing 200 MOTION for Leave to File Amended Complaint by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry)
June 12, 2014 Opinion or Order Filing 199 ORDER granting # 198 Tanya Chutkan's Motion to Withdraw and for Appointment of Substitute Counsel; attorney Richard A. Feinstein is APPOINTED as Co-Chair of the Subscriber Track Experts Committee; Added attorney Richard A Feinstein for Plaintiffs' Counsel. Attorney Tanya Chutkan terminated. Signed by Judge R David Proctor on 6/12/14. (ASL)
June 11, 2014 Filing 198 MOTION to Withdraw as Attorney and For Appointment of Substitute Counsel by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A)(Kiernan, Kathleen)
June 10, 2014 Opinion or Order Filing 197 ORDER REGARDING NON-WAIVER OF WORK PRODUCT DOCTRINE PROTECTION AND ATTORNEY-CLIENT PRIVILEGE AS A RESULT OF THE SUBMISSION OF PLAINTIFFS COMMON BENEFIT TIME AND EXPENSE RECORDS TO THE SPECIAL MASTER AND THE COURT. Signed by Judge R David Proctor on 6/10/2014. (AVC)
June 6, 2014 Filing 196 RESPONSE to re # 193 Provider Plaintiff's Notice of Supplemental Authority Regarding Defendants' Motion to Dismiss filed by Defendants' Counsel. (Zott, David)
June 5, 2014 Filing 195 NOTICE of Change of Address by Henry C Quillen (Quillen, Henry)
June 2, 2014 Filing 194 STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig)
June 2, 2014 Filing 193 NOTICE by Plaintiffs' Counsel re # 108 MOTION to Dismiss Provider Plaintiffs' Notice of Supplemental Authority Regarding Defendants' Motion to Dismiss (Attachments: # 1 Exhibit A)(Whatley, Joe)
May 22, 2014 Opinion or Order Filing 192 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 5/22/2014. (AVC)
May 22, 2014 Opinion or Order Filing 191 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 5/22/2014. (AVC)
May 22, 2014 Opinion or Order Filing 190 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney Andrew C. Allen. # 189 . The Motion # 189 is GRANTED . The Clerk of the Court is DIRECTED to TERMINATE attorney Allen. Generally, appearances and Motions to Withdraw should be filed in the underlying case in which the attorney wishes to or has appeared, rather than in the MDL, since the service list for the MDL is generated from those cases. Therefore, the Clerk of the Court is FURTHER DIRECTED to TERMINATE Attorney Allen also in the underlying case in which he appeared, case No. 2:12-cv-02532. Signed by Judge R David Proctor on 5/22/2014. (AVC)
May 22, 2014 Filing 189 MOTION to Withdraw Motion to Withdraw of Andrew C. Allen by Plaintiffs' Counsel. (Allen, Andrew)
May 15, 2014 Filing 188 NOTICE of Change of Address by Edwin J Kilpela, Jr (Kilpela, Edwin)
April 29, 2014 Filing 187 Transcript of Proceedings held on 4/9/2014, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/20/2014. Redacted Transcript Deadline set for 5/30/2014. Release of Transcript Restriction set for 7/28/2014. (AVC)
April 25, 2014 Opinion or Order Filing 186 TEXT ORDER - This matter is before the court on the Motion to Withdraw filed by attorney Anu M. Brady. # 185 . The Motion # 85 is GRANTED . The Clerk of the Court is DIRECTED to TERMINATE attorney Brady. Signed by Judge R David Proctor on 4/25/2014. (AVC)
April 25, 2014 Filing 185 MOTION to Withdraw as Attorney for Plaintiff, Gaston CPA Firm, P.C. by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order Order Granting Motion to Withdraw)(Brady, Anu)
April 18, 2014 Filing 184 RESPONSE to Subcriber Plaintiffs' April 16, 2014 Letter filed by Defendants' Counsel. (West, Kimberly)
April 16, 2014 Filing 183 REPLY to (Correspondence to Judge Proctor) filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
April 10, 2014 Opinion or Order Filing 182 TEXT ORDER - This matter is before the court on the Motion to Allow Withdrawal of Additional Counsel for USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield. The Motion was filed in Case No. 2:13-cv-20000-RDP, but should have been filed in the underlying case, Case No. 2:13-cv-00014-RDP, Sosebee v. USAble Mutual Insurance Company. The Motion (Case No. 2:13-cv-20000-RDP, Doc. # 181) is GRANTED . The Clerk of the Court is DIRECTED to TERMINATE attorneys Gordon S. Rather, Jr. and Scott A. Irby as counsel for USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield in both cases, and to docket this text order in Case No. 2:13-cv-00014-RDP also. Signed by Judge R David Proctor on 4/10/2014. (AVC)
April 10, 2014 Filing 181 MOTION to Withdraw as Attorney by Defendants' Counsel. (Rather, Gordon)
April 9, 2014 Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 4/9/2014 re pending motions to dismiss. (Court Reporter Anita McCorvey.) (KLL)
April 7, 2014 Opinion or Order Filing 180 TEXT ORDER - Based upon the parties' request, the argument previously set for 10:00 a.m. on Wednesday, April 9, 2014, is hereby RE-SET at 9:00 a.m. the same day . Signed by Judge R David Proctor on 4/7/14. (ASL)
March 6, 2014 Filing 179 REPLY Brief filed by Defendant Defendants' Counsel re: # 125 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Defendants' Counsel. (Sooy, Kathleen)
March 6, 2014 Filing 178 REPLY to Response to Motion re # 108 MOTION to Dismiss filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Zott, David)
March 6, 2014 Filing 177 REPLY to Response to Motion re # 122 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Blue Cross Blue Shield of Missippi filed by movant. (Attachments: # 1 Exhibit A (Supplemental Declaration of John Proctor))(McDowell, M)
March 6, 2014 Filing 176 REPLY to re # 113 Reply Memorandum of Excellus Health Plan, Inc., d/b/a Excellus BlueCross BlueShield, on Its Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by Defendants' Counsel. (Andress, D)
March 6, 2014 Filing 175 REPLY to Response to Motion re # 110 MOTION to Dismiss Plaintiffs' Complaint by CareFirst of Maryland, Inc. filed by Defendants' Counsel. (Norman, Brian)
March 6, 2014 Filing 174 REPLY Brief filed by Defendant Defendants' Counsel re: # 116 MOTION to Dismiss BlueCross BlueShield of South Carolina and Blue Cross and Blue Shield Association to Dismiss the Claims of Plaintiff Shred 360,LLC filed by Defendants' Counsel. (Hoover, Craig)
March 6, 2014 Filing 173 REPLY Brief filed by Defendant Defendants' Counsel re: # 108 MOTION to Dismiss filed by Defendants' Counsel. (Hoover, Craig)
March 6, 2014 Filing 172 REPLY Brief filed by Defendant Defendants' Counsel re: # 121 MOTION in Supprot of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross of Northeastern Pennsylvania filed by Defendants' Counsel. (Bleich, Matthew)
March 6, 2014 Filing 171 MOTION to Amend/Correct Order of Dismissal by Plaintiffs' Counsel. (Pendley, Patrick)
March 6, 2014 Filing 170 REPLY Brief filed by Defendant Defendants' Counsel re: # 114 MOTION to Dismiss by Blue Cross Blue Shield Michigan filed by Defendants' Counsel. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit A)(Campbell, Andrew)
March 6, 2014 Filing 169 REPLY Brief filed by Defendant Defendants' Counsel re: # 119 SEALED MOTION, # 135 MOTION to Dismiss for Lack of Jurisdiction (Personal) and, Alternatively, Improper Venue , # 150 Response in Opposition to Motion, # 112 MOTION to Dismiss for Lack of Personal Jurisdiction and, Alternatively, Improper Venue filed by Defendants' Counsel. (Sansbury, Michael)
March 6, 2014 Filing 168 REPLY Brief filed by Defendant Defendants' Counsel re: # 107 MOTION to Dismiss for Lack of Jurisdiction , # 150 Response in Opposition to Motion, filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1- Unsworn Statement Under Penalty of Perjury)(Santiago-Rivera, Pedro)
March 4, 2014 Filing 167 NOTICE by Plaintiffs' Counsel Notice of Change of Firm Name (Schreiber, J)
March 4, 2014 Filing 166 NOTICE by Blue Cross Blue Shield Antitrust Litigation MDL 2406 Notice of Firm Change (Frankowski, Richard)
February 24, 2014 Opinion or Order Filing 165 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 2/24/2014. (AVC)
February 24, 2014 Opinion or Order Filing 164 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 2/24/2014. (AVC)
February 11, 2014 Opinion or Order Filing 163 ORDER GRANTING THE SPECIAL MASTERS UNOPPOSED MOTION TO AMENDTHE MAY 31, 2013 ORDER REGARDING PROTOCOLS FOR PLAINTIFFSCOUNSEL TIME AND EXPENSE SUBMISSIONS-re: # 162 . Signed by Judge R David Proctor on 2/11/2014. (AVC)
February 11, 2014 Filing 162 MOTION to Amend the May 31, 2013 Order # 80 Order by Special Master. (Attachments: # 1 Exhibit Proposed Order)(Gentle, Edgar)
January 22, 2014 Opinion or Order Filing 161 TEXT ORDER This matter is before the court on the Unopposed Motion of Co-Lead Counsel to Appoint Thomas V. Bender to the Discovery Committee for the Provider Track and Notification of Withdrawal of D. Brian Hufford as Provider Counsel # 156 . For good cause shown, and because the Motion is unopposed, the Motion # 156 is GRANTED. The court hereby APPOINTS Thomas V. Bender to the Discovery Committee for the Provider Track and ACCEPTS the withdrawal of D. Brian Hufford from the Written Submissions Committee for the Provider Track. Signed by Judge R David Proctor on 1/22/14. (ASL)
January 22, 2014 Filing 160 NOTICE of Change of Address by Henry C Quillen (Quillen, Henry)
January 22, 2014 Filing 159 Brief of Amici - Antitrust Professors . (Attachments: # 1 Exhibit A - Areeda & Hovencamp Excerpt, # 2 Certificate of Service)(Reuben, Mindee)
January 22, 2014 Opinion or Order Filing 158 TEXT ORDER This matter is before the court on the Motion for Leave to File Amici Curiae Brief of Antitrust Professors in Opposition to Defendants' Motions to Dismiss Based on the Filed Rate Doctrine # 157 . The Motion # 157 is GRANTED. The Antitrust Professors are directed to file their proposed brief electronically with the Clerk of the Court. Signed by Judge R David Proctor on 1/22/14. (ASL)
January 22, 2014 Filing 157 MOTION for Leave to File Amici Curiae Brief of Antitrust Professors by movant. (Attachments: # 1 Exhibit EX 1 - Amici Curiae Brief, # 2 Certificate of Service)(Reuben, Mindee)
January 21, 2014 Filing 156 MOTION to Appoint Counsel (Unopposed Motion of Co-Lead Counsel to Appoint Thomas V. Bender to the Discovery Committee for the Provider Track and Notification of Withdrawal of D. Brian Hufford as Provider Counsel) by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe)
January 16, 2014 Filing 155 AMENDED Response to Blue Cross Blue Shield of Michigan's Motion to Dismiss # 114 by Plaintiffs' Counsel. (Whatley, Joe)
January 16, 2014 Filing 154 AMENDED Opposition to Motion to Dismiss # 108 & # 120 by Plaintiffs' Counsel. (Whatley, Joe)
January 15, 2014 Filing 153 Brief on Non-Common Issues in Oppostion to Motions to Dismiss # 108 , # 114 , # 115 , # 116 , # 117 and # 120 filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1)(Guin, David)
January 15, 2014 Filing 152 OPPOSITION to Carefirst of Maryland, Inc's Motion to Dismiss # 110 & # 111 filed by Plaintiffs' Counsel. (Whatley, Joe)
January 15, 2014 Filing 151 RESPONSE in Opposition re # 114 MOTION to Dismiss (Provider Plaintiffs' Response to Defendant Blue Cross Blue Shield of Michigan's Motion to Dismiss (Doc. 114)) filed by Plaintiffs' Counsel. (Whatley, Joe)
January 15, 2014 Filing 150 Brief in Joint Opposition to Motions to Dismiss for Lack of Personal Jurisdiction and Improper Venue # 107 , # 112 , # 113 , # 119 , # 121 , # 122 , # 125 , # 135 and # 136 filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
January 15, 2014 Filing 149 JOINT OPPOSITION to Motion to Dismiss Arguments Common to both Providers and Subscribers # 108 MOTION filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Ragsdale, Barry)
January 15, 2014 Filing 148 OPPOSITION to Motion to Dismiss # 108 & # 120 filed by Plaintiffs' Counsel. (Whatley, Joe)
January 13, 2014 Opinion or Order Filing 147 TEXT ORDER - The pending Motions to Dismiss in this matter are SET for a hearing at 10:00 a.m. on Wednesday, April 9, 2014 , in Courtroom 7A of the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham, Alabama. The court anticipates that the Special Master will circulate a call in number for counsel wishing to attend by telephone. However, anyone wishing to present argument SHALL attend in person. All persons attending by phone are REMINDED to mute their phones unless actually addressing the court. Signed by Judge R David Proctor on 1/13/14. (ASL)
January 9, 2014 Filing 146 NOTICE by Plaintiffs' Counsel of Change of Firm Name (Axelrod, Robert)
December 17, 2013 Opinion or Order Filing 145 PROTECTIVE ORDER. Signed by Judge R David Proctor on 12/17/2013. (AVC)
December 6, 2013 Filing 144 STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. filed by Defendants' Counsel, Plaintiffs' Counsel (Attachments: # 1 Exhibit A - Proposed Protective Order)(Hoover, Craig)
November 27, 2013 Opinion or Order Filing 143 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 11/27/2013. (AVC)
November 27, 2013 Opinion or Order Filing 142 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 11/27/2013. (AVC)
November 26, 2013 Filing 141 THIRD STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. (Hoover, Craig)
November 20, 2013 Filing 140 STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. filed by Defendants' Counsel, Plaintiffs' Counsel (Hoover, Craig)
November 8, 2013 Opinion or Order Filing 139 PROTECTIVE ORDER UNDER FED. R. EVID. 502(d) REGARDING NON-WAIVER OF INFORMATION SUBJECT TO ATTORNEY-CLIENT PRIVILEGE OR WORK PRODUCT PROTECTION. Signed by Judge R David Proctor on 11/8/2013. (AVC)
November 4, 2013 Filing 138 Corporate Disclosure Statement by Defendants' Counsel. (Burkhalter, Carl)
November 4, 2013 Filing 137 STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Hoover, Craig)
November 1, 2013 Filing 136 SEALED MOTION by Capital Blue Cross. (Attachments: # 1 Exhibit 1)(AVC)
November 1, 2013 Filing 135 MOTION to Dismiss for Lack of Jurisdiction (Personal) and, Alternatively, Improper Venue by Defendants' Counsel. (Attachments: # 1 Exhibit Exhibit 1, Declaration of Kimberly Meals)(Sansbury, Michael)
October 30, 2013 Opinion or Order Filing 134 TEXT ORDER - This matter is before the court on Defendant Capital Blue Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal. (Doc. # 133). The Motion (Doc. # 133) is GRANTED . Defendant Capital Blue Cross is GRANTED LEAVE to file the referenced documents UNDER SEAL. Signed by Judge R David Proctor on 10/30/2013 (AVC)
October 30, 2013 Filing 133 MOTION for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal (Capital BlueCross) by Defendants' Counsel. (Sansbury, Michael)
October 14, 2013 Filing 132 NOTICE of Corporate Disclosure by Defendants' Counsel (Norman, Brian)
October 4, 2013 Filing 131 NOTICE of Corporate Disclosure by Defendants' Counsel regarding WellPoint, Inc. (Hoover, Craig)
October 4, 2013 Opinion or Order Filing 130 TEXT ORDER -This matter is before the court on Capital Blue Cross's Unopposed Motion to Set Briefing Schedule (Doc. # 129). The Motion (Doc. # 129) is GRANTED. Capital Blue Cross SHALL respond to the Cerven Complaint (Case No. 2:12-cv-04169-RDP) on or before November 1, 2013. Otherwise the briefing SHALL confirm to the court's existing briefing schedule (Doc. # 98). Signed by Judge R David Proctor on 10/4/2013. (AVC)
October 4, 2013 Filing 129 Consent MOTION to Set Briefing Schedule by Capital Blue Cross. (Sansbury, Michael)
October 4, 2013 Filing 128 MOTION for Leave to Appear Pro Hac Vice by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1 (Application and Declaration of Lezlie Madden in Support of Motion for Admission Pro Hac Vice)(Reis, John)
October 4, 2013 PHV Fee paid: $ 50, receipt number 1126-2025167. (Reis, John)
October 3, 2013 Filing 127 NOTICE of Corporate Disclosure by Defendants' Counsel (Hoover, Craig)
September 30, 2013 Filing 125 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Defendants' Counsel. (Attachments: # 1 Memorandum of Certain Defendants in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, # 2 Exhibit 1 - Affidavit of Christine Epper, # 3 Exhibit 2 - Affidavit of Fred Palenske, # 4 Exhibit 3 - Affidavit of Robert L. Stroup III, # 5 Exhibit 4 - Affidavit of Dave Keiter, # 6 Exhibit 5 - Affidavit of David Horn)(Sooy, Kathleen)
September 30, 2013 Filing 124 MOTION to Dismiss by Plaintiffs' Counsel. (McKinney, Rebekah)
September 30, 2013 Filing 123 Brief re # 122 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants' Counsel. (McDowell, M)
September 30, 2013 Filing 122 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Blue Cross Blue Shield of Missippi . (Attachments: # 1 Exhibit A (Declaration of John H. Proctor, III))(McDowell, M) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 121 MOTION in Supprot of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Blue Cross of Northeastern Pennsylvania . (Attachments: # 1 Affidavit)(Leary, Paul) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 120 Brief re # 108 MOTION to Dismiss . (Attachments: # 1 Appendix, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Zott, David)
September 30, 2013 Filing 119 SEALED MOTION re: # 112 by Capital Blue Cross. (Attachments: # 1 Exhibit 1)(AVC)
September 30, 2013 Filing 118 MOTION to Dismiss by Plaintiffs' Counsel. (McKinney, Rebekah)
September 30, 2013 Filing 117 Brief in Support of Motion of BlueCross BlueShield of South Carolina and Blue Cross and Blue Shield Association to Dismiss Claims of Plaintiff Shred 360, LLC filed by Defendants' Counsel. (Hoover, Craig)
September 30, 2013 Filing 116 MOTION to Dismiss BlueCross BlueShield of South Carolina and Blue Cross and Blue Shield Association to Dismiss the Claims of Plaintiff Shred 360,LLC by Defendants' Counsel. (Hoover, Craig) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 115 Brief re # 108 MOTION to Dismiss Defendants' Supplemental Brief in Support of Motion to Dismiss filed by Defendants' Counsel. (Attachments: # 1 Appendix I, # 2 Appendix II, # 3 Exhibit A)(Hoover, Craig)
September 30, 2013 Filing 114 MOTION to Dismiss by Blue Cross Blue Shield of Michigan . (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, Part 1, # 3 Exhibit A, Part 2, # 4 Exhibit B, Part 1, # 5 Exhibit B, Part 2, # 6 Exhibit C, Part 1, # 7 Exhibit C, Part 2, # 8 Exhibit D, # 9 Exhibit E, Part 1, # 10 Exhibit E, Part 2, # 11 Errata F, Part 1, # 12 Exhibit G, Part 1, # 13 Exhibit G, Part 2, # 14 Exhibit H, # 15 Exhibit I, Part 1, # 16 Exhibit I, Part 2, # 17 Exhibit I, Part 3)(Campbell, Andrew) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 113 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. by Defendants' Counsel. (Attachments: # 1 Exhibit A-G)(Andress, D) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 112 MOTION to Dismiss for Lack of Personal Jurisdiction and, Alternatively, Improper Venue by Capital Blue Cross. (Attachments: # 1 Exhibit Declaration of Kimberly Meals)(Sansbury, Michael) Modified on 10/3/2013 (AVC).
September 30, 2013 Filing 111 Brief in Support of Motion to Dismiss # 110 by CareFirst of Maryland, Inc. (Norman, Brian) Modified on 10/4/2013 (AVC).
September 30, 2013 Filing 110 MOTION to Dismiss Plaintiffs' Complaint by CareFirst of Maryland, Inc. by Defendants' Counsel. (Norman, Brian)
September 30, 2013 Opinion or Order Filing 109 TEXT ORDER - This matter is before the court on Defendant Capital Blue Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal. (Doc. # 106). The Motion (Doc. # 106) is GRANTED . Defendant Capital Blue Cross is granted leave to file the referenced documents UNDER SEAL . Signed by Judge R David Proctor on 9/30/2013. (AVC)
September 30, 2013 Filing 108 MOTION to Dismiss by Defendants' Counsel. (Zott, David)
September 30, 2013 Filing 107 MOTION to Dismiss for Lack of Jurisdiction by Triple S Salud, Inc.. (Attachments: # 1 Exhibit Unsworn Statement Under Penalty of Perjury)(Escalera-Rodriguez, Rafael)
September 30, 2013 Filing 106 MOTION for Leave to File Unredacted Version of Motion to Dismiss and Supporting Declaration Under Seal by Capital Blue Cross. (Sansbury, Michael)
September 27, 2013 Opinion or Order Filing 105 TEXT ORDER-This matter is before the court on Defendants' Motion for Leave to File Certain Exhibits Under Seal (Doc. # 104). The Motion is GRANTED. Defendants are granted leave to file the referenced documents UNDER SEAL. Signed by Judge R David Proctor on 9/27/2013. (AVC)
September 27, 2013 Filing 104 MOTION for Leave to File Certain Exhibits Under Seal by Defendants' Counsel. (Hogewood, Mark)
September 18, 2013 Opinion or Order Filing 103 TEXT ORDER - This matter is before the court on Plaintiff Kathleen Cain's Opposed Emergency Motion for Preliminary Injunction (Doc. # 102). The Motion is more properly filed in the Conway case, case No. 2:12-cv-02532-RDP. Plaintiff's counsel is DIRECTED to re-file the motion in that case. The Clerk of the Court is DIRECTED to TERMINATE the Motion (Doc. # 102) in this case. Additionally, interested parties are DIRECTED to coordinate with the Special Master regarding the scheduling of a telephone conference to discuss Plaintiff Cain's Motion. Signed by Judge R David Proctor on 9/18/2013. (AVC)
September 17, 2013 Filing 102 Emergency MOTION for Preliminary Injunction by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Whatley, Joe)
September 11, 2013 Opinion or Order Filing 101 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 9/11/2013. (AVC)
September 11, 2013 Opinion or Order Filing 100 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT. Signed by Judge R David Proctor on 9/11/2013. (AVC)
September 6, 2013 Filing 99 NOTICE by Plaintiffs' Counsel re # 85 Amended Complaint Errata to Subscriber Track Consolidated Class Action Complaint (Attachments: # 1 Appendix 1)(Kiernan, Kathleen)
September 3, 2013 Opinion or Order Filing 98 ORDER SETTING BRIEFING SCHEDULE AND ESTABLISHING CERTAIN DISCOVERY PROCEDURES. Signed by Judge R David Proctor on 9/3/2013. (AVC)
August 30, 2013 Filing 97 REPORT Regarding Order Setting Briefing Schedule and Establishing Certain Discovery Procedures by Special Master. (Attachments: # 1 Exhibit A Agreed Edits, # 2 Exhibit B Additional Edits Suggested by the Plaintiffs, # 3 Exhibit C Additional Edits Suggested by the Defendants)(Gentle, Edgar) Modified on 9/9/2013 (AVC).
August 27, 2013 Filing 96 Transcript of Proceedings held on 8/21/2013, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/17/2013. Redacted Transcript Deadline set for 9/27/2013. Release of Transcript Restriction set for 11/26/2013. (AVC)
August 21, 2013 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 8/21/2013. As indicated on the record, the court will enter a separate order outlining the briefing schedules agreed to by the parties. (Court Reporter Anita McCorvey.) (KLL)
July 23, 2013 Opinion or Order Filing 95 TEXT ORDER -This matter is SET for a status conferenceat 10:00 am on Wednesday, August 21, 2013 in courtroom 7A of the Hugo L. Black United States Courthouse to discuss, among other issues, a briefing schedule on the anticipated motions to dismiss. The court anticipates that the Special Master will circulate a call in number to counsel who wish to attend by phone. Signed by Judge R David Proctor on 7/23/2013. (AVC)
July 22, 2013 Filing 94 NOTICE by Plaintiffs' Counsel re # 86 Amended Complaint Filing of Corrected Caption (Attachments: # 1 Exhibit A)(Whatley, Joe)
July 19, 2013 Filing 93 JOINT STATUS REPORT REGARDING MOTION TO DISMISS BRIEFING SCHEDULE by Defendants' Counsel, Plaintiffs' Liaison Counsel. filed by Defendants' Counsel, Plaintiffs' Liaison Counsel (Attachments: # 1 Exhibit 1)(Hoover, Craig) Modified on 7/22/2013 (AVC).
July 18, 2013 Opinion or Order Filing 92 TEXT ORDER -This matter is before the court on the Joint Report from the Parties on Motion to Dismiss Briefing Schedule (Doc. # 91), which requests an additional short extension of time for the parties to file their joint report setting forth a proposed briefing schedule on anticipated motions to dismiss. The request is GRANTED. The parties SHALL file a joint written status report setting forth a proposed briefing schedule on anticipated motions to dismiss on or before July 19, 2013. Signed by Judge R David Proctor on 7/18/2013. (AVC)
July 17, 2013 Filing 91 REPORT from the Parties on Motion to Dismiss Schedule # 79 by Defendants' Counsel, Plaintiffs' Counsel (Whatley, Joe) Modified on 7/18/2013 (AVC).
July 10, 2013 Opinion or Order Filing 90 TEXT ORDER -This matter is before the court on the Unopposed Motion of Herman A. Watson, Jr. to Appoint Rebekah K. McKinney to Replace Him As State Liaison Committee Member for the Subscriber Track (Doc. # 88). For good cause shown, and because the Subscriber Track Lead Counsel, Steering Committee, and Local Facilitating Counsel do not oppose the Motion, the Motion (Doc. # 88) is GRANTED. The court hereby APPOINTS Rebekah K. McKinney to replace Herman A. Watson, Jr. as a State Liaison Committee Member for the Subscriber Track. Signed by Judge R David Proctor on 7/10/2013. (AVC)
July 10, 2013 Opinion or Order Filing 89 TEXT ORDER -This matter is before the court on an informal motion for an extension of time for the parties to file their joint report setting forth a proposed briefing schedule on anticipated motions to dismiss. The request is GRANTED. The parties SHALL file a joint written status report setting forth a proposed briefing schedule on anticipated motions to dismiss on or before July 17, 2013. Signed by Judge R David Proctor on 7/10/2013. (AVC)
July 9, 2013 Filing 88 MOTION to Appoint Counsel by Plaintiffs' Liaison Counsel. (Attachments: # 1 Text of Proposed Order)(McKinney, Rebekah)
July 9, 2013 Filing 87 *** WITHDRAWN***[to be filed in Conway 2:12-2532-RDP and other invidual actions if necessary]Request for service by certified mail filed by Plaintiffs' Counsel. (Whatley, Joe) Modified on 7/10/2013 (AVC).
July 1, 2013 Filing 86 AMENDED COMPLAINT for Consolidated Provider Track against All Defendants, filed by Plaintiffs' Counsel.(Whatley, Joe)
July 1, 2013 Filing 85 AMENDED COMPLAINT for Consolidated Subscriber Track Actions against All Defendants, filed by Plaintiffs' Counsel.(Kiernan, Kathleen)
June 20, 2013 Filing 84 CONDITIONAL TRANSFER ORDER (CTO-14) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama. (Attachments: # 1 CTO-14 Schedule with NDAL case numbers)(AVC)
June 6, 2013 Filing 83 CONDITIONAL TRANSFER ORDER (CTO-13) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama. (Attachments: # 1 CTO-13 Schedule with NDAL case numbers)(AVC)
June 4, 2013 Opinion or Order Filing 82 CASE MANAGEMENT ORDER NO. 3 ORDER APPOINTING INTERIM COMMITTEE CHAIRS AND COMMITTEE MEMBERS FOR THE PLAINTIFF SUBSCRIBER AND PROVIDER TRACKS. Signed by Judge R David Proctor on 6/4/2013. (AVC)
June 3, 2013 Opinion or Order Filing 81 ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT: The court ORDERS that the Special Masters application for payment is hereby APPROVED, as further set out in order. Signed by Judge R David Proctor on 06/03/2013. (CVA)
May 31, 2013 Opinion or Order Filing 80 ORDER REGARDING PROTOCOLS FOR PLAINTIFFS COUNSELTIME AND EXPENSE SUBMISSIONS. Signed by Judge R David Proctor on 5/31/2013. (AVC)
May 30, 2013 Opinion or Order Filing 79 ORDER-By 7/1/2013, Interim Co-Lead Class Counsel may file either one consolidated class action complaint, or two consolidated calls action complaints. Lead Counsel and Local Facilitating Counsel for Dfts SHALL confer with Interim Co-Lead Class counsel regarding proposed briefing schedule on the anticipated motions to dismiss. By 7/10/2013, the parties SHALL file a joint written status report setting forth the proposed briefing schedule. Signed by Judge R David Proctor on 5/30/2013. (AVC)
May 24, 2013 Filing 78 CONDITIONAL TRANSFER ORDER (CTO-12) from Judicial Panel on MDL 2406 transferring 3 actions to the Northern District of Alabama. (Attachments: # 1 CTO-12 Schedule with NDAL case numbers)(AVC)
May 20, 2013 Filing 77 RESPONSE to Defendants' Memorandum in Support of Requiring Plaintiffs to File a Single Complaint # 72 filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 3, # 2 Text of Proposed Order)(Whatley, Joe) Modified on 5/20/2013 (AVC).
May 20, 2013 Filing 76 REPLY of Defendants in Favor of A Single Consolidated Complaint filed by Defendant Defendants' Counsel. (Hoover, Craig) Modified on 5/20/2013 (AVC).
May 16, 2013 Opinion or Order Filing 75 ORDER REGARDING PROPOSED PROTOCOLS FOR PLAINTIFFS COUNSELTIME AND EXPENSE SUBMISSIONS. Signed by Judge R David Proctor on 5/16/2013. (AVC)
May 16, 2013 Filing 74 Corrected Special Master's Rule 53 Report Recommending Approval of Proposed Order Regarding Protocols for Plaintiffs' Counsel Time and Expense Submissions by Special Master. (Attachments: # 1 Exhibit Proposed Billing Order)(Gentle, Edgar) Modified on 5/16/2013 (AVC).
May 16, 2013 Filing 73 Special Master's Rule 23 Report Recommending Approval of Proposed Order Regarding Protocols for Plaintiffs' Counsel Time and Expense Submissions by Special Master. (Attachments: # 1 Exhibit Proposed Billing Order)(Gentle, Edgar) Modified on 5/16/2013 (AVC).
May 14, 2013 Filing 72 NOTICE of Defendants' Position on Consolidated Amended Complaint by Defendants' Counsel (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Hoover, Craig) Modified on 5/15/2013 (AVC).
May 14, 2013 Filing 71 Brief in Support of Allowing the Plaintiffs to be the Masters of their Complaints filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Whatley, Joe) Modified on 5/14/2013 (AVC).
May 13, 2013 Filing 70 CORRECTED Subscriber and Provider Plaintiffs' Joint Response to the Objections of Certain Defendants to the Rule 53 Report of the Special Master # 66 filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Kiernan, Kathleen) Modified on 5/14/2013 (AVC).
May 13, 2013 Opinion or Order Filing 69 TEXT ORDER -This matter is before the court on the Parties' Report Regarding Consolidated Class Action Complaint (Doc. # 67). In light of the Report, it is ORDERED as follows: (1) On or before May 14, 2013, the parties may submit initial briefs limited to eight pages supporting their respective position on whether one consolidated complaint or two should be filed; and (2) on or before May 20, 2013, the parties may file responsive briefs limited to five pages. Signed by Judge R David Proctor on 5/13/2013. (AVC)
May 10, 2013 Filing 68 REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: # 66 Response (other) SUBSCRIBER AND PROVIDER PLAINTIFFS' JOINT RESPONSE TO THE OBJECTIONS OF CERTAIN DEFENDANTS TO THE RULE 53 REPORT OF THE SPECIAL MASTER filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Kiernan, Kathleen)
May 10, 2013 Filing 67 PARTIES' Report Regarding Consolidated Class Action Complaint filed by Defendants' Counsel (West, Kimberly) Modified on 5/10/2013 (AVC).
May 7, 2013 Filing 66 RESPONSE to re # 62 (of Certain Defendants on Rule 53 Report of Special Master) filed by Defendants' Counsel. (Johnson, John)
May 6, 2013 Filing 65 AMENDED Transcript of Proceedings held on 2/21/2013, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/28/2013. Redacted Transcript Deadline set for 6/6/2013. Release of Transcript Restriction set for 8/5/2013. (AVC)
May 3, 2013 Filing 64 AMENDED Transcript of Proceedings held on 4/23/2013, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/24/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (AVC)
April 30, 2013 Opinion or Order Filing 63 ORDER REGARDING INTERIM COMMITTEE CHAIR AND MEMBER APPOINTMENTS re # 62 Special Master's Report; any objections from any party or interested person to the recommended slate for Interim Committee Chairs and Committee Members SHALL be filed on or before May 7, 2013; any responses to such objections SHALL be filed on or before May 10, 2013; court will take any objections under submission. Signed by Judge R David Proctor on 4/30/13. (ASL)
April 29, 2013 Filing 62 STATUS REPORT Special Master's Rule 53 Report Recommending Interim Committee Chairs and Committee Members for the Plaintiff Subscriber and Provider Tracks by Special Master. filed by Special Master (Attachments: # 1 Exhibit Exhibit A to Special Master's Rule 53 Report, # 2 Exhibit Exhibit B to Special Master's Rule 53 Report)(Gentle, Edgar)
April 26, 2013 Opinion or Order Filing 61 CASE MANAGEMENT ORDER NO. 2 ORDER APPOINTING INTERIM CO-LEAD CLASS COUNSEL, LOCAL FACILITATING COUNSEL, PLAINTIFFS' STEERING COMMITTEE, AND DISCOVERY LIAISON COUNSEL. Signed by Judge R David Proctor on 4/26/13. (ASL)
April 25, 2013 Filing 60 Transcript of Proceedings held on 04/23/13, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/16/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/24/2013. (CVA)
April 24, 2013 Opinion or Order Filing 59 TEXT ORDER granting # 53 Motion to Withdraw as Attorney. Attorney Andrew W Martin, Jr terminated. Signed by Judge R David Proctor on 04/24/13. (CVA)
April 24, 2013 Opinion or Order ORDER It has come to the court's attention that a number of attorneys have contacted the Clerk of the Court to inquire about monitoring this matter. This court's CM/ECF system does not provide an automated method for attorneys to monitor a case. Until such time as an MDL website is developed, to monitor a case, an attorney may log into the PACER system and check the docket. Appearances should not be made directly in the MDL, and appearances in any of the individual cases related to the MDL should only be made by attorneys representing a client involved in the litigation. Any attorney appearing in the case is subject to being held responsible for the representation of the client on whose behalf that attorney appeared. Signed by Judge R David Proctor on 4/24/13. (ASL)
April 23, 2013 Minute Entry for proceedings held before Judge R David Proctor: Hearing on the appointment of Interim Lead counsel and pla's Steering Committee held on 4/23/2013. (Court Reporter Anita McCorvey.) (KLL)
April 22, 2013 Filing 57 REPLY to Response by Certain Louisiana Plaintiffs' Counsel to Joint Response by Blue Cross Blue Shield of Louisiana and CMST filed by Plaintiffs' Counsel. (Saxon, John)
April 22, 2013 Filing 56 RESPONSE to re # 52 Court's April 19, 2013 Order filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Whatley, Joe)
April 22, 2013 Filing 55 Brief re # 52 Order, In Support of CareFirst of Maryland's Response in Objection to Special Master's Report Recommending Lead Counsel . (Attachments: # 1 Exhibit Exhibit A- Part 1, # 2 Exhibit Exhibit A- Part 2)(Norman, Brian)
April 19, 2013 Filing 54 RESPONSE to Joint Response by Louisiana Health Service & Indemnity Company d/b/a Blue Cross/Blue Shield of Louisiana ("BCBS-LA") and Daniel A. Small filed by Plaintiffs' Counsel. (Pendley, Patrick)
April 19, 2013 Filing 53 MOTION to Withdraw as Attorney for Defendant Carefirst of Maryland, Inc. by Defendants' Counsel. (Martin, Andrew)
April 19, 2013 Opinion or Order Filing 52 ORDER re: # 49 Carefirst of Maryland's Response to the Special Master's Rule 23 Report Recommending Appointment of Whatley Kallas LLC as Interim Lead Counsel; in preparation for hearing on Tuesday, April 23, 2013 at 10:30 a.m., all parties with an interest in this issue shall file briefs (of not more than 35 pages) addressing the objection, all such briefs shall be filed no later than 4:30 p.m. on Monday, April 22, 2013. Signed by Judge R David Proctor on 4/19/13. (ASL)
April 18, 2013 Filing 51 REPLY to re # 49 Reply of Joe R. Whatley, Jr. and Edith M. Kallas to Objection of Carefirst of Maryland, Inc. filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe)
April 17, 2013 Filing 50 RESPONSE to re # 43 Special Master's Rule 23 Report Recommending Interim Plaintiff Leadership Counsel filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Yinger, Emily)
April 17, 2013 Filing 49 Opposition to re # 43 Special Master's Report Recommending Whatley Kallas filed by Defendants' Counsel. (Norman, Brian)
April 16, 2013 Filing 48 CONDITIONAL TRANSFER ORDER (CTO-10) from Judicial Panel on MDL 2406 transferring 4 actions to the Northern District of Alabama (Attachments: # 1 Schedule CTO 10 - NDAL case numbers)(ASL)
April 12, 2013 Opinion or Order Filing 47 ORDER SETTING HEARING ON APPOINTMENT OF INTERIM LEAD CLASS COUNSEL AND PLAINTIFFS' STEERING COMMITTEE any objections to recommended slate for Plas' Leadership Counsel from any party SHALL be filed on or before April 17, 2013; Hearing on recommended slate and any objections thereto set for 4/23/2013 at 10:30 AM in Hugo L Black US Courthouse, Birmingham, AL before Judge R David Proctor. Signed by Judge R David Proctor on 4/12/13. (ASL)
April 11, 2013 Filing 46 CONDITIONAL TRANSFER ORDER (CTO-9) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama (Attachments: # 1 Schedule CTO 9 - NDAL case #)(ASL)
April 11, 2013 Filing 45 CONDITIONAL TRANSFER ORDER (CTO-8) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama (Attachments: # 1 Schedule CTO 8 - NDAL case #)(ASL)
April 11, 2013 Filing 44 CONDITIONAL TRANSFER ORDER (CTO-7) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama (Attachments: # 1 Schedule CTO 7 - NDAL case #)(ASL)
April 10, 2013 Filing 43 STATUS REPORT Special Master's Rule 23 Report Recommending Interim Plaintiff Leadership Counsel by Special Master. filed by Special Master (Gentle, Edgar)
April 5, 2013 Filing 42 MOTION to Appoint Counsel Memorandum in Support of Nominations to Committee Positions in Leadership Structure by Plaintiffs' Counsel. (Saxon, John)
April 5, 2013 Filing 41 MOTION to Appoint Counsel by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Coffin, Christopher)
April 5, 2013 Filing 40 NOTICE by Plaintiffs' Counsel of Firm Name Change (Stokes, Tammy)
April 5, 2013 Filing 39 MOTION Application of Michael P. McGartland to Serve on MDL 2406 Subscriber Class Committee by MDLPANEL. (McGartland, Michael)
April 5, 2013 Filing 38 MOTION Application of Philip E. Carby for Committee Position-Subscriber Class by Plaintiffs' Counsel. (Warren, James)
April 5, 2013 Filing 37 Application of Lawrence L. Jones II for Appointment to Subscriber Class Plaintiffs' Sterring Committee (Attachments: # 1 Exhibit Application Letter, # 2 Exhibit Biography/CV)(Jones, Lawrence) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 36 MOTION to Appoint Leadership Positions in the Subscriber Track Actions by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kiernan, Kathleen)
April 5, 2013 Filing 35 MOTION to Appoint Counsel Pittman Provider Group Application for Appointment to Plaintiffs' Provider Steering Committee, Provider Committee Chairs, and Provider Committees by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Hayes, Debra)
April 5, 2013 Filing 34 Application of David J. Hodge For Committee Position - Subscriber Class by Plaintiffs' Counsel. (Hodge, David) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 33 Application of Gordon Ball to Serve as Interim Co-Lead Counsel for Subscriber Plaintiffs, Membership on Plaintiffs' Steering Committee, and/or Leadership Committee Positions of the Settlement and/or Litigation Committees. (Attachments: # 1 Exhibit Resume, # 2 Exhibit List of Other BCBS Cases filed by Ball and Co-Counsel)(Ball, W) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 32 Application of Patrick W. Pendley to serve on the Plaintiffs' Steering Committee or, Alternatively, as a Committee Chairman.(Attachments: # 1 Exhibit A)(Pendley, Patrick) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 31 MOTION FOR APPOINTMENT OF WATSON MCKINNEY AND QUINN CONNOR TO PLAINTIFFS' SUBSCRIBER COMMITTEES by Plaintiffs' Counsel. (Watson, Herman)
April 5, 2013 Filing 30 Application of Robert B. Roden to Serve on MDL 2406 Provider Class Plaintiffs' Committee(s) by Plaintiffs' Counsel. (Roden, Robert) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 29 MOTION to Appoint Counsel James M. Terrell for Committee Position -- Subscriber Class by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A - Terrell Biographical Information)(Terrell, James)
April 5, 2013 Filing 28 Application of Robert G. Methvin, Jr. of McCallum, Methvin & Terrell, P.C. to Serve as One of Four Subscribers' Counsel on the Plaintiffs' Steering Committee (Attachments: # 1 Exhibit A)(Methvin, R) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 27 APPLICATION and Declaration of Joey James for Appointment to Plaintffs' Steering Committee and Other Integrated Committees. (Attachments: # 1 Exhibit A)(James, Joey) Modified on 4/5/2013 (CVA).
April 5, 2013 Filing 26 Application to Serve on Subscriber Committee by Plaintiffs' Counsel. (Attachments: # 1 Exhibit JW Bio)(Warren, James) Modified on 4/5/2013 (CVA).
April 4, 2013 Filing 25 Application of Douglas A. Dellaccio, Jr. for Committee Position - Subscriber Class by Plaintiffs' Counsel. (Dellaccio, Douglas) Modified on 4/5/2013 (CVA).
April 4, 2013 Filing 24 Application for Committee Position by Plaintiffs' Counsel. (Attachments: # 1 Exhibit C.V.)(DeGaris, Annesley) Modified on 4/5/2013 (CVA).
April 4, 2013 Filing 23 Application of Ben W. Gordon, Jr. to Serve on MDL 2406 Subscriber Class Plaintiffs' Steering Committee (Gordon, Ben) Modified on 4/4/2013 (CVA).
April 4, 2013 Filing 22 Application of Virginia M. Buchanan to Serve on MDL 2406 Subscriber Class Plaintiffs' Steering Committee (Buchanan, Virginia) Modified on 4/4/2013 (CVA).
April 4, 2013 Filing 21 MOTION to Appoint Counsel Plaintiffs' Leadership Committee Position -- Subscribers by Plaintiffs' Counsel. (Cowan, R)
April 1, 2013 Filing 20 TRANSFER ORDER from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (AVC)
March 26, 2013 Filing 19 CONDITIONAL TRANSFER ORDER (CTO-6) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: # 1 Schedule CTO-6)(AVC)
March 21, 2013 Filing 18 MOTION to Appoint Provider Track Lead Counsel and Leadership Structure by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37)(Whatley, Joe) Modified on 3/22/2013 (AVC).
March 21, 2013 Filing 17 APPLICATION of David Boies and William Isaacson to Serve as Interim Lead Counsel for the Subscriber Track Actions by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Kiernan, Kathleen) Modified on 3/21/2013 (AVC).
March 5, 2013 Filing 16 Transcript of Proceedings held on 2/21/2013, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 3/26/2013. Redacted Transcript Deadline set for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (AVC)
February 28, 2013 Opinion or Order Filing 15 ORDER APPOINTING PLAINTIFFS LIAISON COUNSEL AND INVITING APPLICATIONS FOR PLAINTIFFS LEADERSHIP COMMITTEE POSITIONS-It is ORDERED that Barry Ragsdale is APPOINTED as Pltfs' Liaison Counsel and will serve as a non-voting member of the to-be-formed Pltfs' Steering Committee. Applications for Pltfs' Leadership Positions SHALL be filed with the Clerk's Office electronically by 4/5/2013. The applications or nominations SHALL be accompanied by a disclosure of any and all agreements between the applicant and any other counsel in these consolidated cases related to the subject matter of these cases. Applications and/or nominations SHALL NOT exceed fifteen (15) pages. Signed by Judge R David Proctor on 2/28/2013. (AVC)
February 26, 2013 Opinion or Order Filing 14 ORDER OF RECUSAL-The undersigned RECUSES from this action. Signed by Magistrate Judge Madeline H Haikala on 2/26/2013. (AVC)
February 21, 2013 Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 2/21/2013. (Court Reporter Anita McCorvey.) (KLL)
February 21, 2013 Opinion or Order Filing 13 ORDER -In light of the Transfer Order by the U.S. Judicial Panel on Multidistrict Litigation and as discussed at the status conference held on this date, this court will re-open applications for the Interim Lead Counsel position. Applications and/or nominations must be filed with the Clerk's office electronically within twenty-eight (28) days of the date of this order and SHALL NOT exceed fifteen (15) pages. Signed by Judge R David Proctor on 2/21/2013. (AVC)
February 20, 2013 Filing 12 PROVIDER PLAINTIFF Group's Response to the Proposed Annotaged Agenda for the February 21, 2013 Status Conference by Plaintiffs' Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hayes, Debra) Modified on 2/21/2013 (AVC).
February 19, 2013 Filing 11 PROVIDER PLAINTIFFS' Response to the Proposed Annotated Agenda for the February 21,2013 Status Conference filed by Plaintiffs' Counsel. (Whatley, Joe) Modified on 2/20/2013 (AVC).
February 13, 2013 Filing 10 CONDITIONAL TRANSFER ORDER (CTO-5) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: # 1 Schedule CTO-5 with NDAL case number)(AVC)
January 22, 2013 Filing 9 CONDITIONAL TRANSFER ORDER (CTO-4) from Judicial Panel on MDL 2406 transferring 2 actions to the Northern District of Alabama. (Attachments: # 1 Schedule CTO-4 with NDAL case numbers)(AVC)
January 15, 2013 Filing 8 RESPONSE to re # 5 NOTICE of Filing by Plaintiffs' Counsel filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoover, Craig)
January 9, 2013 Opinion or Order Filing 7 ORDER APPOINTING SPECIAL MASTER. Signed by Judge R David Proctor on 1/9/2013. (AVC)
January 9, 2013 Opinion or Order Filing 6 CASE MANAGEMENT ORDER NO. 1 REGARDING INITIAL STATUS CONFERENCE. Signed by Judge R David Proctor on 1/8/2013. (AVC)
January 9, 2013 Filing 5 NOTICE of Filing by Plaintiffs' Counsel (Attachments: # 1 Exhibit Complaint- Attachment A, # 2 Exhibit Notice of Filing- Attachment B) [deemed filed 1/7/2013 in case 2:12-cv-1133-RDP](AVC)
January 8, 2013 Filing 4 CONDITIONAL TRANSFER ORDER (CTO-3) from Judicial Panel on MDL 2406 transferring 1 action to the Northern District of Alabama. (Attachments: # 1 CTO-3 Schedule with NDAL case numbers) [deemed filed 1/3/2013 in case 2:12-cv-1133-RDP](AVC)
January 8, 2013 Filing 3 CONDITIONAL TRANSFER ORDER (CTO-2) from Judicial Panel on MDL 2406 transferring 3 actions to the Northern District of Alabama. (Attachments: # 1 CTO-2 Schedule with NDAL case numbers) [deemed filed 1/2/2013 in case 2:12-cv-1133-RDP](AVC)
January 8, 2013 Filing 2 CONDITIONAL TRANSFER ORDER (CTO-1) from Judicial Panel on MDL 2406 transferring 10 actions to the Northern District of Alabama listed on the attached Schedule. (Attachments: # 1 CTO-1 Schedule with NDAL case numbers)[deemed filed 12/26/2012 in case 2:12-cv-1133-RDP](AVC)
January 8, 2013 Filing 1 TRANSFER ORDER from the Judicial Panel on MDL 2406 transferring 9 actions listed on schedule A to the Northern Distirct of Alabama. (Attachments: # 1 Schedule with NDAL case numbers) [Deemed filed 12/26/2012 in case 2:12-cv-1133-RDP](AVC)

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Plaintiff: Plaintiffs' Counsel
Represented By: M Patrick McDowell
Represented By: John W Reis
Represented By: Randall D Noel
Represented By: James G Adams, Jr
Represented By: Ellen M Ahrens
Represented By: Dale Ernest Akins
Represented By: Laura Alexander
Represented By: Robert J Axelrod
Represented By: Arthur N Bailey, Jr
Represented By: W Gordon Ball
Represented By: David A Balto
Represented By: Benjamin L Barnes
Represented By: Tyler J Barnett
Represented By: Stanley P Baudin
Represented By: Eric R Belin
Represented By: Thomas Bender
Represented By: Mitchell Lloyd Berry
Represented By: Garrett D Blanchfield
Represented By: David Boies
Represented By: Meghan M Boone
Represented By: Andrew England Brashier
Represented By: Margery S. Bronster
Represented By: W Tucker Brown
Represented By: Katherine R Brown
Represented By: Virginia M Buchanan
Represented By: Van Bunch
Represented By: Peter H Burke
Represented By: Erin C Burns
Represented By: Patrick E Cafferty
Represented By: Christopher T Cain
Represented By: Edgar Hyde Carby
Represented By: Philip E Carby
Represented By: James P Carr
Represented By: Kathleen Currie Chavez
Represented By: Brian M Clark
Represented By: U W Clemon
Represented By: Bryan L Clobes
Represented By: Christopher L Coffin
Represented By: Glen M Connor
Represented By: Melinda Coolidge
Represented By: R Christopher Cowan
Represented By: Christina D Crow
Represented By: Donna Smith Cude
Represented By: M Stephen Dampier
Represented By: John Clark Davis
Represented By: Gregory L Davis
Represented By: Annesley H DeGaris
Represented By: Douglas A Dellaccio, Jr
Represented By: Nathan A Dickson, II
Represented By: Troy A Doles
Represented By: Augusta S Dowd
Represented By: Gerald F. Easter
Represented By: Robert G Eisler
Represented By: David A Ettinger
Represented By: Linda G Flippo
Represented By: Robert M Foote
Represented By: Richard S Frankowski
Represented By: Rex Y. Fujichaku
Represented By: Edgar Dean Gankendorff
Represented By: Rebecca Diane Gilliland
Represented By: H Lewis Gillis
Represented By: Ben W Gordon, Jr
Represented By: John Gravante, III
Represented By: Mark K Gray
Represented By: Archibald I Grubb, II
Represented By: David J Guin
Represented By: Michael E Gurley, Jr
Represented By: Daniel E Gustafson
Represented By: Ta'Kisha L Guster
Represented By: Stephen M Hanson
Represented By: Anna Louise Hart
Represented By: Robert M Hatch
Represented By: Michael D Hausfeld
Represented By: Lisa N Hayes
Represented By: Debra B Hayes
Represented By: Daniel C Hedlund
Represented By: Christopher T Hellums
Represented By: Matthew J Herman
Represented By: David J Hodge
Represented By: Janet Brooks Holmes
Represented By: John R. Holton
Represented By: Timothy R. Holton
Represented By: William H Horton
Represented By: Charles D Hudson
Represented By: D Brian Hufford
Represented By: Charles C Hunter
Represented By: William A Isaacson
Represented By: Joey K James
Represented By: Lynn W Jinks, III
Represented By: Bruce C Jones
Represented By: Edith M Kallas
Represented By: Edwin J Kilpela, Jr
Represented By: Andrew J Kochanowski
Represented By: Andrew Allen Lemmon
Represented By: Jonathan Charles Little
Represented By: Javier Asis Lopez
Represented By: Casey Langston Lott
Represented By: MICHAEL J. MCCARRIE
Represented By: J Michael Malone
Represented By: Jonathan S Mann
Represented By: Hope S Marshall
Represented By: Gary E Mason
Represented By: Phillip W McCallum
Represented By: Michael P McGartland
Represented By: Rebekah Keith McKinney
Represented By: Gail A McQuilkin
Represented By: Ellen Meriwether
Represented By: R G Methvin, Jr
Represented By: Temus C Miles, Jr
Represented By: Wilson Daniel Miles, III
Represented By: Mark J Murphy
Represented By: John Doyle Nalley
Represented By: Dianne M Nast
Represented By: Irma L Netting
Represented By: Sean T. O'Connell
Represented By: Dennis G Pantazis
Represented By: John W Partin
Represented By: Patrick W Pendley
Represented By: Myron C Penn
Represented By: Lara F Phillip
Represented By: Carl Wesley Pittman
Represented By: Aaron S Podhurst
Represented By: Peter Prieto
Represented By: Henry C Quillen
Represented By: Patrick James Quinlan
Represented By: Barry A Ragsdale
Represented By: Jason R Rathod
Represented By: Dennis Craig Reich
Represented By: Nicholas R Rockforte
Represented By: Robert B Roden
Represented By: Nicholas B Roth
Represented By: Julia Smeds Roth
Represented By: Richard P Rouco
Represented By: John D Saxon
Represented By: J Allen Schreiber
Represented By: Lee McArthur Scott
Represented By: Thomas S Scott, Jr
Represented By: L Shane Seaborn
Represented By: Daniel A Small
Represented By: Cyril V Smith, III
Represented By: Andrea Layne Stackhouse
Represented By: Tammy McClendon Stokes
Represented By: Andrew M Stone
Represented By: Kevin J Stoops
Represented By: Joseph Preston Strom, Jr
Represented By: Jacob T. E. Stutzman
Represented By: Michael J. Sudekum
Represented By: Eric B Swartz
Represented By: Benjamin J Sweet
Represented By: James M Terrell
Represented By: Charles M Thompson
Represented By: Jason J Thompson
Represented By: Harley S Tropin
Represented By: Star Mishkel Tyner
Represented By: James L Warren, III
Represented By: Bradley A Wasser
Represented By: Charles R Watkins
Represented By: Herman Watson, Jr
Represented By: Matthew P Weinshall
Represented By: Joe R Whatley, Jr
Represented By: J Mark White
Represented By: David M Wilkerson
Represented By: Deborah J Winegard
Represented By: Brian E Wojtalewicz
Represented By: Edward K Wood, Jr
Represented By: John R Wylie
Represented By: Lance Craig Young
Represented By: Adam W Pittman
Represented By: Amy Pepke
Represented By: Anu M Brady
Represented By: Andrew C Allen
Represented By: Tanya Chutkan
Represented By: Brenton W Cole
Represented By: Helen Lynne Eckinger
Represented By: Archie C Lamb, Jr
Represented By: Jason S Kilene
Represented By: Earnest William Wotring
Represented By: Mike Miller
Represented By: William Butterfield
Represented By: Clint Sargent
Represented By: Joseph H Webster
Represented By: Alan McQuarrie Mansfield
Represented By: Jason G. Ausman
Represented By: Daniel E. Phillips
Represented By: Monte D. Beck
Represented By: Genevieve M Zimmerman
Represented By: Alexander McInnis Boies
Represented By: Stephen B Murray, Jr
Represented By: David F Evans
Represented By: Emily Hawk Mills
Represented By: Charles J Cooper
Represented By: Daniel Patrick Moylan
Represented By: Davis Cooper
Represented By: Michael J. Fleming
Represented By: Jeannine M Kenney
Represented By: Donald D Knowlton, II
Represented By: Harold S Reeves
Represented By: O'Kelley H Pearson
Represented By: Peter E Boivin
Represented By: Thomas Michael Trucksess
Represented By: Scott Allen Martin
Represented By: Howard C Nielson, Jr
Represented By: Anthony F. Jackson
Represented By: Michael L Roberts
Represented By: Gwendolyn J Simons
Represented By: Justin W Bernick
Represented By: Ami Swank
Represented By: Richard A Feinstein
Represented By: Lawrence L. Jones, II
Represented By: Megan Jones
Represented By: Kara Marie Simons
Represented By: Jennifer Williams
Represented By: William David George
Represented By: Hamish P.M. Hume
Represented By: Leslie Lee Ann Pescia
Represented By: Rebecca A Peterson
Represented By: Greg Wright
Represented By: James Wells Harrell
Represented By: Kathleen Simpson Kiernan
Represented By: Karen R Dow
Represented By: Carl S Kravitz
Represented By: Jason M Knott
Represented By: Braden Beard
Represented By: Michael C Dodge
Represented By: Mario A Pacella
Represented By: Timothy D Battin
Represented By: Karen H Riebel
Represented By: Gregory S Cusimano
Represented By: Swathi Bojedla
Represented By: Michael L Murphy
Represented By: Perry Michael Yancey
Represented By: Steven P Wandro
Represented By: Patrick J Sheehan
Represented By: Michael S Lyons
Represented By: Jonathan R. Voegele, Esq.
Represented By: Sallie E Gilbert
Represented By: Alicia L Shelton
Represented By: Stephen Neal Zack
Represented By: Patricia Melville
Represented By: Elizabeth Pollock-Avery
Represented By: Michael Kirk
Represented By: Kimberly Ann Fetsick
Represented By: Irving Scher
Represented By: David S Stone
Represented By: W Gregory Wright
Represented By: Eric B Snyder
Represented By: Kimberly Francis
Represented By: Michael David Hausfeld
Represented By: Samuel Issacharoff
Represented By: Katherine Rogers Brown
Represented By: Anjori Mitra
Represented By: Regina Marie Calcaterra
Represented By: Augusta Salem Dowd
Represented By: Jessica Machelle Haynes
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Plaintiff: Plaintiffs' Liaison Counsel
Represented By: Ben W Gordon, Jr
Represented By: Rebekah Keith McKinney
Represented By: Barry A Ragsdale
Represented By: Mario A Pacella
Represented By: Eric B Snyder
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Plaintiff: Judy Sheridan
Represented By: Eric B Snyder
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Plaintiff: Brett Watts
Represented By: Eric B Snyder
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Plaintiff: Constance Dummer
Represented By: Eric B Snyder
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Defendant: Anthem, Inc.
Represented By: Craig A Hoover
Represented By: Glenn M Kurtz
Represented By: Andrew W Hammond
Represented By: Claudine Columbres
Represented By: Lucile Cohen
Represented By: Edgar R Haden
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Defendant: BCBSM, Inc.,
Represented By: Craig A Hoover
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Defendant: Blue Cross Blue Shield Association
Represented By: David J Zott
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Defendant: Blue Cross Blue Shield of Florida, Inc.
Represented By: Craig A Hoover
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Defendant: Blue Cross Blue Shield of Rhode Island
Represented By: Craig A Hoover
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Defendant: Blue Cross Blue Shield of Tennessee, Inc.
Represented By: Craig A Hoover
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Defendant: Blue Cross Blue Shield of Vermont
Represented By: Craig A Hoover
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Defendant: Blue Cross and Blue Shield of Alabama
Represented By: Carl S Burkhalter
Represented By: John T A Malatesta, III
Represented By: Robert S W Given
Represented By: Luther M Dorr, Jr
Represented By: Jacob Joel Franz
Represented By: Winnifred Lewis
Represented By: James L Priester
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Defendant: Blue Cross and Blue Shield of Massachusetts, Inc.
Represented By: Craig A Hoover
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Defendant: Blue Cross and Blue Shield of North Carolina
Represented By: Craig A Hoover
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Defendant: Blue Cross and Blue Shield of South Carolina
Represented By: Craig A Hoover
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Defendant: Blue Cross of Northeastern Pennsylvania
Represented By: Lezlie Madden
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Defendant: Blue Shield of California
Represented By: Kimberly R West
Represented By: Casey R Fronk
Represented By: Helen E Witt
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Defendant: Cambia Health Solutions, Inc.
Represented By: Craig A Hoover
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Defendant: CareFirst of Maryland, Inc.
Represented By: Brian K Norman
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Defendant: CareFirst, Inc.
Represented By: Brian K Norman
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Defendant: Consortium Health Plans, Inc.
Represented By: David J Zott
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Defendant: Defendants' Counsel
Represented By: M Patrick McDowell
Represented By: John W Reis
Represented By: Randall D Noel
Represented By: James M Terrell
Represented By: Craig A Hoover
Represented By: Carl S Burkhalter
Represented By: Lezlie Madden
Represented By: Kimberly R West
Represented By: Brian K Norman
Represented By: Rachel J Adcox
Represented By: D Keith Andress
Represented By: Matthew L Bleich
Represented By: Edward S Bloomberg
Represented By: John D Briggs
Represented By: Andrew Phillip Campbell
Represented By: Andrew T Campbell
Represented By: John Stone Campbell, III
Represented By: Adam H Charnes
Represented By: Antonio M Clayton
Represented By: N Thomas Connally, III
Represented By: Ian R Conner
Represented By: Honor R Costello
Represented By: Christa C Cottrell
Represented By: Sarah Lynn Cylkowski
Represented By: Samuel Andrew Diddle
Represented By: Devin Clarke Dolive
Represented By: Sarah J Donnell
Represented By: Rafael Escalera-Rodriguez
Represented By: JEREMY D. FEINSTEIN
Represented By: Douglass C.E. Farnsley
Represented By: Casey R Fronk
Represented By: Michael Paul Fruge
Represented By: Kristen Jordana Gillis
Represented By: R Mark Glover
Represented By: Jason Gourley
Represented By: Cheri D Green
Represented By: Chad Dwight Hansen
Represented By: Alan Harris
Represented By: Gregory Haynes
Represented By: Carlos M Hernandez-Burgos
Represented By: D Bruce Hoffman
Represented By: E Desmond Hogan
Represented By: Mark Montgomery Hogewood
Represented By: Zach Holmstead
Represented By: John M Johnson
Represented By: Andrew D Kaplan
Represented By: Brian P Kappel
Represented By: R David Kaufman
Represented By: Cavender C Kimble
Represented By: Henry James Koch
Represented By: STEPHEN A. LONEY, JR.
Represented By: Elizabeth Barnett LaBauve
Represented By: Daniel E Laytin
Represented By: Paul K Leary, Jr
Represented By: Kenina Lee
Represented By: Gary M London
Represented By: Ashley M Lowe
Represented By: SHANNON ELISE MCCLURE
Represented By: John T A Malatesta, III
Represented By: John Martin
Represented By: Yawanna Nabors McDonald
Represented By: Mark Edward McKane
Represented By: Aaron G McLeod
Represented By: Tyrone Carlton Means
Represented By: D Kent Meyers
Represented By: DAVID NEWMANN
Represented By: Michael A Naranjo
Represented By: Charles A. O'Brien, III
Represented By: J Bentley Owens, III
Represented By: Joshua K Payne
Represented By: Gwendolyn C Payton
Represented By: Allison Nunley Pham
Represented By: James L Priester
Represented By: Jonathan M Redgrave
Represented By: Victoria Ann Redgrave
Represented By: J Robert Robertson
Represented By: Tracy A Roman
Represented By: April N Ross
Represented By: Stephen A Rowe
Represented By: Alan D Rutenberg
Represented By: Michael Sansbury
Represented By: Pedro Santiago-Rivera
Represented By: Christopher G Scanlon
Represented By: Christopher A Shapley
Represented By: Gary C Shockley
Represented By: Scott F Singley
Represented By: Pamela B Slate
Represented By: Kathleen Taylor Sooy
Represented By: Robert K Spotswood
Represented By: Mary C St John
Represented By: Jessica Staiger
Represented By: Todd M Stenerson
Represented By: Charles L Sweeris
Represented By: Daniel R. Taylor, Jr.
Represented By: L. Adam Thames
Represented By: Jennifer K Van Zant
Represented By: Stephen D Wadsworth
Represented By: Matthew G White
Represented By: James Thomas Williams, Jr.
Represented By: Erin M Wilson
Represented By: Helen E Witt
Represented By: Paul A. Wolfla
Represented By: Emily M Yinger
Represented By: Erica Zolner
Represented By: Andrew W Martin, Jr
Represented By: Scott A Irby
Represented By: Gordon S Rather, Jr.
Represented By: Daniel R Taylor, Jr.
Represented By: Jeffrey J Zeiger
Represented By: David J Zott
Represented By: David A Coulson
Represented By: Sylvia Maria Arizmendi
Represented By: Michael Wyld Lieberman
Represented By: Erik F Benny
Represented By: Carolyn Anne DeLone
Represented By: Zarel Joan Soto
Represented By: Bruce F Rogers
Represented By: Jarod M Taylor
Represented By: Peter R Bisio
Represented By: Norman E Bailey, Jr
Represented By: Kail J Jethmalani
Represented By: Jacob Joel Franz
Represented By: Margaret Pepple
Represented By: Anne Salomon
Represented By: Peter W Zuger
Represented By: Samantha A Robbins
Represented By: Lauren R Kennedy
Represented By: Grace Robinson Murphy
Represented By: Jeny M Maier
Represented By: Robert F Leibenluft
Represented By: Robert R Riley, Jr
Represented By: Zachary W Best
Represented By: Thomas J Rheaume, Jr.
Represented By: Brian Justin Kapatkin
Represented By: Eric White
Represented By: Evan Chesler
Represented By: Mary Godwin Menge
Represented By: John Gary Maynard
Represented By: David Kumagai
Represented By: Anna M Clark
Represented By: Karin DeMasi
Represented By: John G Schmidt, Jr
Represented By: Scott S Brown
Represented By: Gustavo Adolfo Pabon Rico
Represented By: Elizabeth A Jose
Represented By: Margot Miller
Represented By: Arthur Patrick Fritzinger
Represented By: James A McCullough, II
Represented By: Jess Randall Nix
Represented By: Christine Varney
Represented By: Rowan D Wilson
Represented By: Sarah S Glover
Represented By: Lucile Cohen
Represented By: Morgan Brooke Franz
Represented By: Courtney B Green
Represented By: Sallie E Gilbert
Represented By: Zachary D Holmstead
Represented By: Joseph C Giglio, Jr
Represented By: William Egan Kellner
Represented By: Brooke Jones Oppenheimer
Represented By: Paul D Clement
Represented By: Alyssa C Kalisky
Represented By: Travis A Bustamante
Represented By: Erin E Murphy
Represented By: Susan Smelcer
Represented By: Mathea KE Bulander
Represented By: Catherine E Stetson
Represented By: Anthony F Shelley
Represented By: Jennifer Kay Van Zant
Represented By: Theresa (Tess) S Gee
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Defendant: Group Hospitalization and Medical Services, Inc.
Represented By: Brian K Norman
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Defendant: Hawaii Medical Service Association
Represented By: Craig A Hoover
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Defendant: Health Care Service Corporation and Caring for Montanan's, Inc.
Represented By: Kimberly R West
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Defendant: Highmark, Inc.
Represented By: Kimberly R West
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Defendant: Horizon Blue Cross Blue Shield of New Jersey
Represented By: Craig A Hoover
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Defendant: Louisiana Health Service & Indemnity Company
Represented By: Craig A Hoover
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Defendant: National Account Service LLC
Represented By: David J Zott
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Defendant: Premera Blue Cross
Represented By: Gwendolyn C Payton
Represented By: Erin M Wilson
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Defendant: Wellmark, Inc.
Represented By: Craig A Hoover
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Defendant: Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield
Represented By: Edward S Bloomberg
Represented By: Stephen A Walsh
Represented By: Anna M Clark
Represented By: John G Schmidt, Jr
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Defendant: Blue Cross and Blue Shield of Nebraksa
Represented By: Kathleen Taylor Sooy
Represented By: Sarah M. Gilbert
Represented By: Tracy A Roman
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Defendant: Bluie Cross of Idaho Health Service, Inc.
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Defendant: Highmark Inc.
Represented By: Kimberly R West
Represented By: Helen E Witt
Represented By: Syndey L Schneider
Represented By: Erica Zolner
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Defendant: Triple-S Salud, Inc.
Represented By: David J Zott
Represented By: Gustavo Adolfo Pabon Rico
Represented By: Lucile Cohen
Represented By: Alyssa C Kalisky
Represented By: Katie R Lencioni
Represented By: Daniel E Laytin
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Defendant: Blue Cross Blue Shield of Arizona
Represented By: Kathleen Taylor Sooy
Represented By: Sarah M. Gilbert
Represented By: Tracy A Roman
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Defendant: Highmark West Virginia Inc.
Represented By: Helen E Witt
Represented By: Syndey L Schneider
Represented By: Erica Zolner
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Defendant: Blue Cross and Blue Shield of North Dakota
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Defendant: Blue Cross Blue Shield Michigan
Represented By: Andrew Phillip Campbell
Represented By: Cason M Kirby
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Defendant: HealthNow New York, Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York
Represented By: Kathleen Taylor Sooy
Represented By: Sarah M. Gilbert
Represented By: Tracy A Roman
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Defendant: Optuminsight, Inc.
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Defendant: Blue Cross and Blue Shield of Wyoming
Represented By: Kathleen Taylor Sooy
Represented By: Sarah M. Gilbert
Represented By: Tracy A Roman
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Defendant: Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc.
Represented By: Helen E Witt
Represented By: Jeffrey J Zeiger
Represented By: Jeffrey John Fowler
Represented By: Erica Zolner
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Defendant: Cahaba Medical Care
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Defendant: Health Care Service Corporation
Represented By: Helen E Witt
Represented By: Jeffrey J Zeiger
Represented By: Jeffrey John Fowler
Represented By: Mark Montgomery Hogewood
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Defendant: Highmark BCBSD Inc.
Represented By: Helen E Witt
Represented By: Syndey L Schneider
Represented By: Erica Zolner
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Defendant: Hospital Service Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern Pennsylvania
Represented By: Helen E Witt
Represented By: Erica Zolner
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Defendant: USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield
Represented By: Brian Justin Kapatkin
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Defendant: California Physicians Service d/b/a Blue Shield of California
Represented By: Charles L Sweeris
Represented By: Casey R Fronk
Represented By: Helen E Witt
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Defendant: Blue Cross of Idaho Health Service Incorporated
Represented By: Kathleen Taylor Sooy
Represented By: Sarah M. Gilbert
Represented By: Tracy A Roman
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Special master: Special Master
Represented By: Edgar C Gentle, III
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In re: Blue Cross Blue Shield Antitrust Litigation MDL 2406
Represented By: M Patrick McDowell
Represented By: Lauren R Kennedy
Represented By: Terri Olive Tompkins
Represented By: Winnifred Lewis
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Respondent: Baycare Health System, Inc.
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Amicus curiae: U.S. Department of Labor
Represented By: Eirik Cheverud
Represented By: Jeffrey M Hahn
Represented By: Wayne R Berry
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