Blue Cross of California Incorporated et al v. Insys Therapeutics Incorporated
Plaintiffs Anthem Blue Cross and Blue Shield health insurers alleged that Defendant Insys Therapeutics, Inc. engaged in a fraudulent and illegal scheme to convince doctors to prescribe Subsys, a branded opioid, for off-label use and to get health insurers to pay for such treatment. Plaintiffs alleged that Defendant accomplished this by paying kickbacks to prescribes in the form of "speaker fees" and creating reimbursement teams that provided false and misleading information during the prior authorization process.
| Blue Cross of California Incorporated, Anthem Blue Cross Life and Health Insurance Company, Rocky Mountain Hospital and Medical Service Incorporated, Anthem Health Plans Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Anthem Insurance Companies Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Empire HealthChoice Assurance Incorporated, Community Insurance Company, Anthem Health Plans of Virginia Incorporated, HMO Healthkeepers Incorporated, Blue Cross Blue Shield of Wisconsin and Compcare Health Services Insurance Corporation |
| Insys Therapeutics Incorporated |
| 2:2017cv02286 |
| July 12, 2017 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| XX US, Outside State |
| Douglas L Rayes |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 35 NOTICE re: Intent to Serve Third-Party Subpoenas on Elizabeth Gurrieri, Natalie Reed Perhacs, and Heather Anne Alfonso by Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated . (Attachments: # 1 Exhibit A)(Beauchamp, Keith) |
Filing 34
PROTECTIVE ORDER pursuant to 32 Stipulation for Entry of HIPAA Qualified and General Protective Order. (See Order for details.) Signed by Judge Douglas L Rayes on 10/23/2017. (MMO)
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Filing 33
ORDER pursuant to 31 Stipulation for Entry of Protocol Order Relating to the Discovery of Electronically Stored Information. (See Order for details.) Signed by Judge Douglas L Rayes on 10/23/2017. (MMO)
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| Filing 32 STIPULATION FOR ENTRY OF HIPAA QUALIFIED AND GENERAL PROTECTIVE ORDER by Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) |
| Filing 31 STIPULATION FOR ENTRY OF PROTOCOL ORDER RELATING TO THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) by Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated. (Attachments: # 1 Text of Proposed Order)(Beauchamp, Keith) |
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Filing 30
SCHEDULING ORDER: Discovery due by 5/18/2018. Dispositive motions due by 8/31/2018. Telephonic Pre-motion Conference set for 8/23/2018 at 01:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. (See Order for details.) Signed by Judge Douglas L Rayes on 10/10/2017. (MMO)
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| Filing 29 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Rule 16 Scheduling Conference held on 10/10/2017. Deadlines discussed. Order to issue. APPEARANCES: Keith Beauchamp, Thomas Mahlum, and Jamie Kurtz for Plaintiffs. Joel Hoxie, Kelly Kszywienski, and Carlie Tovrea for Defendant. (Court Reporter Jennifer Pancratz.) Hearing held 4:54 PM to 5:10 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) |
| Filing 28 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiffs Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated. (Attachments: # 1 Exhibit A)(Beauchamp, Keith) |
| Filing 27 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendant Insys Therapeutics Incorporated. (Kszywienski, Kelly) |
| Filing 26 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiffs Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated. (Beauchamp, Keith) |
| Filing 25 Corporate Disclosure Statement by Insys Therapeutics Incorporated. (Kszywienski, Kelly) |
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Filing 24
ORDER: Rule 16 Scheduling Conference set for 10/10/2017 at 04:30 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 days before the Scheduling Conference as required by Federal Rule of Civil Procedure 26(f). (See Order for details.) Signed by Judge Douglas L Rayes on 8/7/2017. (MMO)
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| Filing 23 ANSWER to 1 Complaint by Insys Therapeutics Incorporated.(Kszywienski, Kelly) |
| Remark: Pro Hac Vice granted for Jeffrey S. Gleason on behalf of Plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KAS) |
| Remark: Pro hac motion granted for Joshua B Strom on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion granted for Thomas C Mahlum on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 22 SERVICE EXECUTED filed by Anthem Blue Cross Life and Health Insurance Company: Proof of Service re: Summons, Complaint, Disclosure Statements (all Plaintiffs), Notice re Mandatory Initial Discovery Pilot Project, Order re 12(b)(6) motions upon Insys Therapeutics, Inc. on 07/14/2017. (Beauchamp, Keith) |
| Remark: Pro hac vice motion granted for Jamie Kurtz on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 21
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Douglas L Rayes on 7/13/2017. (MMO)
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| Filing 20 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (LAD) |
| Filing 19 Summons Issued as to Insys Therapeutics Incorporated. (LAD). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 18 Filing fee paid, receipt number 0970-14430714. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-17-02286-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (LAD) |
| Filing 17 Corporate Disclosure Statement by Compcare Health Services Insurance Corporation identifying Corporate Parent Anthem Incorporated for Compcare Health Services Insurance Corporation. (Submitted by Keith Beauchamp) (LAD) |
| Filing 16 Corporate Disclosure Statement by Blue Cross Blue Shield of Wisconsin identifying Corporate Parent Anthem Incorporated for Blue Cross Blue Shield of Wisconsin. (Submitted by Keith Beauchamp) (LAD) |
| Filing 15 Corporate Disclosure Statement by HMO Healthkeepers Incorporated identifying Corporate Parent Anthem Incorporated for HMO Healthkeepers Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 14 Corporate Disclosure Statement by Anthem Health Plans of Virginia Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Health Plans of Virginia Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 13 Corporate Disclosure Statement by Community Insurance Company identifying Corporate Parent Anthem Incorporated for Community Insurance Company. (Submitted by Keith Beauchamp) (LAD) |
| Filing 12 Corporate Disclosure Statement by Empire HealthChoice Assurance Incorporated identifying Corporate Parent Anthem Incorporated for Empire HealthChoice Assurance Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 11 Corporate Disclosure Statement by Anthem Health Plans of New Hampshire Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Health Plans of New Hampshire Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 10 Corporate Disclosure Statement by Anthem Health Plans of Maine Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Health Plans of Maine Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 9 Corporate Disclosure Statement by Anthem Health Plans of Kentucky Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Health Plans of Kentucky Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 8 Corporate Disclosure Statement by Anthem Insurance Companies Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Insurance Companies Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 7 Corporate Disclosure Statement by Blue Cross and Blue Shield of Georgia Incorporated identifying Corporate Parent Anthem Incorporated for Blue Cross and Blue Shield of Georgia Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 6 Corporate Disclosure Statement by Anthem Health Plans Incorporated identifying Corporate Parent Anthem Incorporated for Anthem Health Plans Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 5 Corporate Disclosure Statement by Rocky Mountain Hospital and Medical Service Incorporated identifying Corporate Parent Anthem Incorporated for Rocky Mountain Hospital and Medical Service Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 4 Corporate Disclosure Statement by Blue Cross of California Incorporated identifying Corporate Parent Anthem Incorporated for Blue Cross of California Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 3 * Corporate Disclosure Statement by Anthem Blue Cross Life and Health Insurance Company identifying Corporate Parent Anthem Incorporated for Anthem Blue Cross Life and Health Insurance Company. (LAD) (Submitted by Keith Beauchamp) * Modified to add text regarding who submitted the document on 7/13/2017 (LAD). |
| Filing 2 SUMMONS Submitted by Anthem Blue Cross Life and Health Insurance Company, Anthem Health Plans Incorporated, Anthem Health Plans of Kentucky Incorporated, Anthem Health Plans of Maine Incorporated, Anthem Health Plans of New Hampshire Incorporated, Anthem Health Plans of Virginia Incorporated, Anthem Insurance Companies Incorporated, Blue Cross Blue Shield of Wisconsin, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Blue Cross of California Incorporated, Community Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated, HMO Healthkeepers Incorporated, Rocky Mountain Hospital and Medical Service Incorporated. (Submitted by Keith Beauchamp) (LAD) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14430714 filed by Blue Cross Blue Shield of Wisconsin, Community Insurance Company, Anthem Health Plans of New Hampshire Incorporated, Blue Cross of California Incorporated, Anthem Health Plans of Kentucky Incorporated, HMO Healthkeepers Incorporated, Anthem Insurance Companies Incorporated, Anthem Health Plans of Virginia Incorporated, Rocky Mountain Hospital and Medical Service Incorporated, Anthem Health Plans Incorporated, Anthem Health Plans of Maine Incorporated, Blue Cross and Blue Shield Healthcare Plan of Georgia Incorporated, Blue Cross and Blue Shield of Georgia Incorporated, Anthem Blue Cross Life and Health Insurance Company, Compcare Health Services Insurance Corporation, Empire HealthChoice Assurance Incorporated. (Submitted by Keith Beauchamp) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet) (LAD) |
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