Advanced Reimbursement Solutions LLC et al v. Aetna Life Insurance Company et al
Defendant: Unknown Parties, Aetna Health Incorporated, Aetna Life Insurance Company and Aetna Incorporated
Petitioner: Jon Tanner
Counter Defendant: Advanced Reimbursement Solutions LLC, American Surgical Development LLC, North Phoenix OTC LLC, NorthView Pain Treatment Center PLLC, West Valley OTC LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Valley Pain Centers LLC, Metro OTC LLC, Valley Pain Centers of Arizona LLC, AZ Pain Solutions LLC, Lakeshore Interventional Treatment Center LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Gilbert Facility Group LLC, Mesa Outpatient Treatment Center LLC, North Valley Pain Center PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Outpatient Treatment Center LLC, Valley Pain Centers of Peoria LLC, Pain Treatment Center of Tempe PLLC, Tempe Interventional Treatment Center LLC, Valley Pain Intervention Center LLC, Uptown Facility LLC, Doctors Outpatient Surgery Center LLC, AZ Surgical Center LLC, Gregory B Maxon Maldonado, Sean Maldonado, James Allen, Thomas Moshiri, Roger Walker, Jeffrey Lynn, Shawn Vigneau, Eric Church and Jeremy Buckner
Case Number: 2:2019cv05395
Filed: October 12, 2019
Court: US District Court for the District of Arizona
Presiding Judge: Diane J Humetewa
Referring Judge: Douglas L Rayes
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2023 Opinion or Order Filing 701 ORDER setting a Rule 16 Scheduling Conference for 5/16/2023 at 3:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. Signed by Judge Diane J Humetewa on 4/3/2023. (See Order for details.) (LFIG)
March 31, 2023 Opinion or Order Filing 700 ORDER that Defendant Thomas Moshiri and Defendant Greg Maldonado's Motions to Dismiss (Docs. #627 ; #631 -1) Aetna's Third Amended Counterclaims are granted in part, as to Aetna's state and federal RICO counterclaims (counterclaims five, six, seven, and eight), its ERISA counterclaim (counterclaim eleven), and its negligent misrepresentation counterclaim (counterclaim four) and denied in part, as to Aetna's tortious interference with contract, fraud, civil conspiracy, aiding and abetting, unjust enrichment, and money had and received counterclaims (counterclaims one, two, three, nine, ten, twelve, thirteen). IT IS FURTHER ORDERED that a Rule 16 Scheduling Conference will be set by separate Order pursuant to the Court's ruling at the June 6, 2022, hearing (Doc. 652). Signed by Judge Diane J Humetewa on 3/31/2023. (See Order for details.) (LFIG)
February 21, 2023 Opinion or Order Filing 699 ORDER: Before the Court is a Notice of Mootness of Aetna's Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint (Doc. #698 ) filed by Defendants/Counterclaimants The Aetna Life Insurance Company, Aetna, Inc., and Aetna Health, Inc. (collectively "Aetna"). Accordingly, IT IS ORDERED directing the Clerk of Court to terminate Aetnas Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint (Doc. #673 ) as moot. ORDERED by Judge Diane J Humetewa on 2/21/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
February 20, 2023 Opinion or Order Filing 698 NOTICE re: Notice of Mootness by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company re: #673 MOTION to Dismiss Counts/Claims : #637 Plaintiffs' Omnibus First Amended Complaint . (Moore, Nathaniel)
February 17, 2023 Opinion or Order Filing 697 ORDER that the Joint Motion (Doc. #696 ) is GRANTED. The following claims are hereby dismissed, with prejudice: All claims asserted by the Arrowhead OTCs against Aetna; and All counterclaims asserted by Aetna against the Arrowhead OTCs, Jeremy Buckner, D.C., and Shawn Vigneau, D.C. Aetna, the Arrowhead Parties, Jeremy Buckner, D.C., and Shawn Vigneau, D.C. shall each bear their own attorneys' fees and costs. IT IS FURTHER ORDERED that Aetna shall file a Notice of Mootness regarding its pending Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint (Doc. #673 ) within 72 hours of the filing of this Order. Alternatively, to the extent Aetna believes its Motion to Dismiss remains ripe, it shall file a Status Report identifying the claims in Plaintiffs' Complaint that have not been dismissed within 72 hours of the filing of this Order. Signed by Judge Diane J Humetewa on 2/17/2023. (LFIG)
February 14, 2023 Opinion or Order Filing 696 STIPULATION of Dismissal and Joint Motion for Entry of Order of Dismissal With Prejudice by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel)
February 10, 2023 Opinion or Order Filing 695 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
January 3, 2023 Opinion or Order Filing 694 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Robert H McKirgan. (McKirgan, Robert)
January 3, 2023 Opinion or Order Filing 693 ORDER denying the Individual Counter-Defendants Gregory Maldonado, Sean Maldonado, and James Allen's #690 Motion for Protective Order. Signed by Judge Diane J Humetewa on 1/3/2023. (LFIG)
December 9, 2022 Opinion or Order Filing 692 NOTICE re: Joint Notice Regarding Discovery Dispute by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company re: #690 MOTION for Protective Order . (Moore, Nathaniel)
December 7, 2022 Opinion or Order Filing 691 ORDER: The Court is in receipt of the "Statements of Counterdefendants Gregory Maldonado, Sean Maldonado and James Allen and Counterclaimants Aetna Life Insurance Company and Aetna Health Inc. Re: Discovery Dispute" (Doc. #690 ). The Court will construe this pleading as a Motion for a Protective Order. (Id.) IT IS ORDERED that any Response thereto shall be filed by December 9, 2022. ORDERED by Judge Diane J Humetewa on 12/7/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
December 7, 2022 Opinion or Order Filing 690 STATEMENT of Gregory Maldonado, Sean Maldonado, James Allen, Aetna Life Insurance Company, and Aetna Health Inc., MOTION for Protective Order by Counter Defendant Sean Maldonado. (McKirgan, Robert) Modified on 12/7/2022 to add motion part per chambers. (LFIG)
October 6, 2022 Opinion or Order Filing 689 ORDER granting the Joint Motion (Doc. #688 ) is GRANTED. The following claims are hereby dismissed, with prejudice: (1) All claims asserted by the Valley Pain Parties against Aetna as pled in the Omnibus First Amended Complaint (Doc. #672 ); and (2) All counterclaims asserted by Aetna against the Valley Pain Parties as pled in the Third Amended Counterclaim (Doc. #545 ). IT IS FURTHER ORDERED that Aetna and the Valley Pain Parties shall each bear their own attorneys' fees and costs. Signed by Judge Diane J Humetewa on 10/5/2022. (LFIG)
October 3, 2022 Opinion or Order Filing 688 STIPULATION of Dismissal Stipulation and Joint Motion for Entry of Order of Dismissal with Prejudice by Valley Pain Centers LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order proposed Order)(Sreecharana, Devin)
September 23, 2022 Opinion or Order Filing 687 NOTICE OF FILING BANKRUPTCY Upon the Record by Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Giles, Philip)
September 8, 2022 Opinion or Order Filing 686 REPLY to Response to Motion re: #673 MOTION to Dismiss Counts/Claims : #637 Plaintiffs' Omnibus First Amended Complaint filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
August 30, 2022 Opinion or Order Filing 685 RESPONSE in Opposition re: #673 MOTION to Dismiss Counts/Claims : #637 Plaintiffs' Omnibus First Amended Complaint Plaintiffs' Amended Joint Opposition to Aetna's Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint filed by Valley Pain Centers LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Exhibit Exhibits A-F)(Sreecharana, Devin)
August 30, 2022 Opinion or Order Filing 684 NOTICE of Errata re: #681 Response in Opposition to Motion, Notice of Errata Regarding Doc. 681 Joint Opposition to Aetna's Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint by Plaintiffs Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC.. (Sreecharana, Devin)
August 30, 2022 Opinion or Order Filing 683 ORDER: Having considered the Stipulation to Extend Aetna's Deadline to File Reply in Support of Aetna's Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint (Doc. #692 ), and for good cause shown, IT IS ORDERED approving the Stipulation (Doc. #692 ). Aetna shall have until September 8, 2022 to file its Reply in Support of Aetna's Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint. ORDERED by Judge Diane J Humetewa on 8/30/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
August 30, 2022 Opinion or Order Filing 682 STIPULATION re: #672 Amended Complaint, to Extend Aetna's Deadline to File Reply in Support of Motion to Dismiss Plaintiffs' Omnibus First Amended Complaint by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel)
August 25, 2022 Opinion or Order Filing 681 RESPONSE in Opposition re: #673 MOTION to Dismiss Counts/Claims : #637 Plaintiffs' Omnibus First Amended Complaint filed by Valley Pain Centers LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Exhibit Exhibits A-F)(Sreecharana, Devin) Modified text on 8/26/2022 (WLP).
August 24, 2022 Opinion or Order Filing 680 ORDER: Before the Court is the parties' Stipulation Regarding Page Limits for Briefing on Aetna's Motion to Dismiss Omnibus Amended Complaint (Doc. #679 ). IT IS ORDERED granting the Stipulation (Doc. #679 ) and allowing (1) Plaintiffs up to 23 pages for their joint opposition to Aetna's Motion to Dismiss; and (2) Aetna up to 17 pages for its reply. ORDERED by Judge Diane J Humetewa on 8/24/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
August 24, 2022 Opinion or Order Filing 679 STIPULATION Regarding Page Limits for Briefing on Aetna's Motion to Dismiss Omnibus Amended Complaint by Valley Pain Centers LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order)(Sreecharana, Devin)
August 16, 2022 Opinion or Order Filing 678 ORDER: For good cause showing, IT IS ORDERED that Plaintiffs' Unopposed Motion for Extension of Time to File a Joint Opposition to Aetna's Motion to Dismiss (Doc. #677 ) is granted. Plaintiffs shall file their Opposition by August 25, 2022. ORDERED by Judge Diane J Humetewa on 8/16/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
August 15, 2022 Opinion or Order Filing 677 *MOTION for Extension of Time to File Response/Reply re: #673 MOTION to Dismiss Counsts/Claims by Valley Pain Centers LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order)(Sreecharana, Devin) *Modified to correct motion type, text, and add document link on 8/16/2022 (REK).
August 11, 2022 Opinion or Order Filing 676 TRANSCRIPT REQUEST by Gregory B Maxon Maldonado for proceedings held on 06/06/2022, Judge Diane J Humetewa hearing judge(s). (Fox, Benjamin)
August 10, 2022 Opinion or Order Filing 675 NOTICE of Service of Discovery filed by Sean Maldonado. (Sutton, Jared)
August 10, 2022 Opinion or Order Filing 674 NOTICE of Service of Discovery filed by Gregory B Maxon Maldonado. (Fox, Benjamin)
August 4, 2022 Opinion or Order Filing 673 MOTION to Dismiss Counts/Claims : #637 Plaintiffs' Omnibus First Amended Complaint by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit A)(Moore, Nathaniel)
July 21, 2022 Opinion or Order Filing 672 AMENDED COMPLAINT Plaintiffs' Omnibus First Amended Complaint against All Defendants filed by Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Centers LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibits B-D)(May, Philip)
July 20, 2022 Opinion or Order Filing 671 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
July 15, 2022 Opinion or Order Filing 670 ORDER: Having considered the parties' Stipulation and Joint Motion for Entry of Order of Dismissal with Prejudice (Doc. #669 ), IT IS HEREBY ORDERED that all claims asserted by The Aetna Life Insurance Company, Aetna Health, Inc., or Aetna, Inc. against Counterclaim Defendant Eric Church, M.D. are dismissed with prejudice, with all parties to bear their own costs and attorneys' fees. The Clerk of Court is kindly directed to terminate Eric Church, M.D. as a Counterclaim Defendant in this matter. ORDERED by Judge Diane J Humetewa on 7/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
July 14, 2022 Opinion or Order Filing 669 *STIPULATION of Dismissal and Joint Motion for Entry of Order of Dismissal With Prejudice by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel) *Modified to correct event and text on 7/15/2022 (REK).
July 8, 2022 Opinion or Order Filing 668 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
July 6, 2022 Opinion or Order Filing 667 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
June 24, 2022 Opinion or Order Filing 666 ORDER granting the Application #665 . The Clerk of the Court is kindly instructed to terminate Sara R. Witthoft, Matthew T. St. Martin, and the law firm of Thorpe Shwer, P.C., as counsel of record for Advanced Reimbursement Solutions, LLC and American Surgical Development, LLC. Signed by Judge Diane J Humetewa on 6/24/2022. (REK)
June 23, 2022 Opinion or Order Filing 665 EX PARTE MOTION to Withdraw as Attorney with Client Consent by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Attachments: #1 Proposed Order)(Witthoft, Sara)
June 21, 2022 Opinion or Order Filing 664 ORDER that both Arrowhead OTCs and Valley Pain's Motions for Leave to Amend the Amended Complaint (Docs. #550 , #551 ) are granted. IT IS FURTHER ORDERED that the parties shall file a single, omnibus First Amended Complaint which includes all shared and independent allegations and claims no later than 30 days from the date of this Order. Signed by Judge Diane J Humetewa on 6/21/2022. (See Order for details.) (LFIG)
June 21, 2022 Opinion or Order Filing 663 REPLY to Response to Motion re: #627 MOTION to Dismiss Counts/Claims : 1 through 9 of Aetna's Third Amended Counterclaims filed by Thomas Moshiri. (Roth, Joseph)
June 20, 2022 Opinion or Order Filing 662 Joinder re: #658 Response in Opposition to Motion, #631 MOTION to Dismiss for Failure to State a Claim, #637 Joinder, #660 Reply to Response to Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted Pursuant to Fed. R. Civ. P. 12(B)(6) and 9(B) by Counter Defendant James Allen. filed by James Allen. (Winocur, Fredric)
June 20, 2022 Opinion or Order Filing 661 Joinder re: #660 Reply to Response to Motion Joinder in Greg Maldonado's Reply in Support of Motion to Dismiss by Counter Defendant Sean Maldonado, Movant Sean Maldonado. (Sutton, Jared)
June 20, 2022 Opinion or Order Filing 660 REPLY to Response to Motion re: #631 MOTION to Dismiss for Failure to State a Claim filed by Gregory B Maxon Maldonado. (Fox, Benjamin)
June 13, 2022 Opinion or Order Filing 658 RESPONSE in Opposition re: #631 MOTION to Dismiss for Failure to State a Claim Joinder Motions by Counter-Defendants Sean Maldonado #633 and James Allen #637 to Aetna's Third Amended Counterclaims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Nathaniel)
June 13, 2022 Opinion or Order Filing 657 RESPONSE in Opposition re: #627 MOTION to Dismiss Counts/Claims : 1 through 9 of Aetna's Third Amended Counterclaims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
June 13, 2022 Opinion or Order Filing 656 RESPONSE in Opposition re: #631 MOTION to Dismiss for Failure to State a Claim Aetna's Third Amended Counterclaims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moore, Nathaniel)
June 10, 2022 Opinion or Order Filing 659 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of RULE 16 SCHEDULING CONFERENCE proceedings held on 06/06/2022, before Judge DIANE J. HUMETEWA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (RAP)
June 7, 2022 Opinion or Order Filing 655 TRANSCRIPT REQUEST for June 6, 2022 Rule 16 Scheduling Conference by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on June 6, 2022, Judge Diane J Humetewa hearing judge(s). (Gleason, Jeffrey)
June 7, 2022 Opinion or Order Filing 654 ORDER: Before the Court is Aetna's Motion for Leave to File Sur-Reply in Opposition to Motions for Leave to File Amended Complaints by Valley Pain OTCs and Arrowhead OTCs (Doc. #648 ). Therein, Aetna seeks permission to respond to new arguments the Movants make in their reply briefs, or alternatively, to strike the new arguments. The time for Movants to respond to the Motion has not expired, but the Court finds a response unnecessary because the Motion will be denied. New arguments raised for the first time in a reply will not be considered by the Court. Accordingly, IT IS ORDERED denying in part, Aetna's Motion for Leave to File a Sur-Reply (Doc. #648 ). The Court finds a sur-reply unnecessary because it will disregard any new arguments raised in Movant's reply briefs. ORDERED by Judge Diane J Humetewa on 6/7/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 7, 2022 Opinion or Order Filing 653 ORDER: Before the Court is a Stipulation to Extend Aetna's Deadline to Respond to the Individual Counter-Defendants' Motions to Dismiss Aetna's Third Amended Counterclaims and to Extend Certain Individual Counter-Defendants' Deadlines to File Replies (Doc. #644 ), filed on June 3, 2022. The Court finds that the parties have not stated good cause for the lengthy extensions requested therein. The Court will grant Aetna an extension of time to file its response to Dr. Moshiri's Motion to Dismiss (Doc. #627 ), filed on May 25, 2022, so that it corresponds to the deadline to file a responses to the Motions to Dismiss and Joinders filed by Messrs. G. Maldonado, S. Maldonado, and Allen on May 31, 2022 (Docs. #631 , #633 , #637 ). Accordingly, IT IS ORDERED that Aetna shall file responses to the pending Motions to Dismiss (Docs. #627 , #631 , #633 , #637 ) by June 13, 2022. All Movants shall filed any reply briefs by June 20, 2022. IT IS FURTHER ORDERED that no sur-replies will be allowed and any new arguments raised in a reply brief will not be considered by the Court. ORDERED by Judge Diane J Humetewa on 6/7/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 6, 2022 Opinion or Order Filing 652 MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: This is the time set for a Rule 16 Scheduling Conference held on 6/6/2022. For the reasons stated on the record, the Court will hold the Scheduling Conference in abeyance pending ruling on the Motions to Amend (Docs. #550 and #551 ), and Motions to Dismiss (Docs. #627 and #631 ). APPEARANCES: Vinay Kohli for Plaintiff/Counter-defendants Advanced Reimbursement Solutions LLC. Tyler Grim as general counsel. Paul Weller and Aaron Lockwood for Aetna Defendants/Counter-claimants. Dan Lyons as in-house counsel. Fredric Winocur for Counter-defendant James Allen. Justin Niedzialek for Counter-defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC, Jeremy Buckner and Shawn Vigneau. Michelle Buckley and Dmitry Shifrin for Counter-defendant Eric Church. Devin Sreecharana and Philip May for Counter-defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC (Valley Pain), Jeffrey Lynn and Roger Walker. Robert McKirgan for Counter-defendant Sean Maldonado. Brian Michael and Rachel Feldman for Counter-defendant Gregory Maldonado. Timothy Eckstein and BriAnne Meeds for Counter-defendant Thomas Moshiri. (Court Reporter Hilda Lopez.) Hearing held 11:02 AM to 11:48 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 6, 2022 Opinion or Order Filing 651 ORDER: Having reviewed the Motion for Paul D. Weller to Appear by Videoconference or Telephonically at Rule 16 Scheduling Conference on Behalf of The Aetna Life Insurance Company, Aetna Inc. and Aetna Health, Inc. (Doc. #650 ), and good cause appearing, IT IS ORDERED that Paul D. Weller may appear virtually at the June 6, 2022 Scheduling Conference. Dial-in instructions will be sent electronically to counsel prior to the hearing. ORDERED by Judge Diane J Humetewa on 6/6/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 6, 2022 Opinion or Order Filing 650 MOTION for Leave to Appear Paul D. Weller by Videoconference or Telephonically at Rule 16 Scheduling Conference by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Lockwood, Aaron)
June 6, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Brian R Michael on behalf of Counter Defendant Gregory B Maxon Maldonado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 3, 2022 Opinion or Order Filing 649 DENIED by Doc. 654 LODGED Proposed Aetna's Sur-Reply in Opposition to the Motions for Leave to File Amended Complaints by Valley Pain OTCs and Arrowhead OTCs re: #550 MOTION to Amend/Correct #527 Amended Complaint Motion for Leave to File Amended Complaint, #551 MOTION to Amend/Correct Valley Pain's Motion for Leave to File Amended Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel) Modified on 6/7/2022 (LFIG).
June 3, 2022 Opinion or Order Filing 648 MOTION for Leave to File Sur-Reply in Opposition to Motions for Leave to File Amended Complaints By Valley Pain OTCs and Arrowhead OTCs by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel)
June 3, 2022 Opinion or Order Filing 647 NOTICE of Service of Discovery filed by Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
June 3, 2022 Opinion or Order Filing 646 NOTICE of Service of Discovery filed by Valley Pain Centers of Arizona LLC. (Sreecharana, Devin)
June 3, 2022 Opinion or Order Filing 645 NOTICE of Service of Discovery filed by Valley Pain Centers LLC. (Sreecharana, Devin)
June 3, 2022 Opinion or Order Filing 644 STIPULATION to Extend Aetna's Deadline to Respond to the Individual Counter-Defendants' Motions to Dismiss Aetna's Third Amended Counterclaims and to Extend Certain Individual Counter-Defendants' Deadlines to File Replies by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel)
June 3, 2022 Opinion or Order Filing 643 NOTICE of Service of Discovery filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
June 3, 2022 Opinion or Order Filing 642 ORDER: Before the Court are two requests to appear telephonically or by videoconference at the Rule 16 Scheduling Conference (Docs. #640 and #641 ). For good cause showing, IT IS ORDERED that the Motions (Docs. #640 and #641 ) are granted. Fredric M. Winocur, counsel for James Allen, and Rachel S. Feldman, counsel for Greg Maldonado, are permitted to attend the June 6, 2022 Case Management Conference before this Court by teleconference. Dial-in instructions will be sent electronically to counsel prior to the hearing. ORDERED by Judge Diane J Humetewa on 6/3/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 1, 2022 Opinion or Order Filing 641 MOTION for Leave to Appear By Videoconference or Telephonically at Rule 16 Scheduling Conference by Gregory B Maxon Maldonado. (Attachments: #1 Proposed Order)(Feldman, Rachel)
June 1, 2022 Opinion or Order Filing 640 MOTION for Leave to Appear Telephonically at Rule 16 Scheduling Conference on Behalf Of James Allen by James Allen. (Attachments: #1 Proposed Order)(Winocur, Fredric)
June 1, 2022 Opinion or Order Filing 639 ORDER: Before the Court is Aetna's Motion to Allow In-House Counsel to Attend the June 6, 2022 Case Management Conference by Teleconference (Doc. #638 ). For good cause showing, IT IS ORDERED that the Motion (Doc. #638 ) is granted and Daniel Lyons, in-house counsel at Aetna, is permitted to attend the June 6, 2022 Case Management Conference before this Court by teleconference. Dial-in instructions will be sent electronically to counsel prior to the hearing. ORDERED by Judge Diane J Humetewa on 6/1/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
June 1, 2022 Opinion or Order Filing 638 MOTION to Allow In-House Counsel to Attend the June 6, 2022 Case Management Conference by Teleconference by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Moore, Nathaniel)
May 31, 2022 Opinion or Order Filing 637 Joinder re: #631 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant To Fed. R. Civ. P. 12(B)(6) and 9(B) by Counter Defendant James Allen. (Winocur, Fredric)
May 31, 2022 Opinion or Order Filing 636 ANSWER to #545 Amended Counterclaim,,, Shawn Vigneau, D.C.'s Answer to Aetna's Third Amended Counterclaims by Shawn Vigneau.(Niedzialek, Justin)
May 31, 2022 Opinion or Order Filing 635 ANSWER to #545 Amended Counterclaim,,, Jeremy Buckner, D.C.'s Answer to Aetna's Third Amended Counterclaims by Jeremy Buckner.(Niedzialek, Justin)
May 31, 2022 Opinion or Order Filing 634 ANSWER to #545 Amended Counterclaim,,, The Arrowhead OTCs' Answer to Aetna's Third Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC.(Niedzialek, Justin)
May 31, 2022 Opinion or Order Filing 633 Joinder re: #631 MOTION to Dismiss for Failure to State a Claim by Counter Defendant Sean Maldonado, Movant Sean Maldonado. (Sutton, Jared)
May 31, 2022 Opinion or Order Filing 632 ORDER granting the Motions (Docs. #628 and #629 ). Dmitry Shifrin, lead counsel for Counter-Defendant Eric Church, M.D., and Vinay Kohli, lead counsel for Counter-Defendants Advanced Reimbursement Solutions, LLC and American Surgical Development, LLC, may appear by videoconference at the June 6, 2022, Scheduling Conference. Mr. Shifrin and Mr. Kohli will receive dial-in instructions for the teleconference separately via electronic mail. Signed by Judge Diane J Humetewa on 5/31/2022. (LFIG)
May 31, 2022 Opinion or Order Filing 631 *MOTION to Dismiss for Failure to State a Claim Aetna's Third Amended Counterclaims by Gregory B Maxon Maldonado. (Attachments: #1 Memo in Support of Motion to Dismiss TACC)(Fox, Benjamin) *Modified to correct motion type and text on 6/1/2022 (REK).
May 27, 2022 Opinion or Order Filing 630 REPORT of Rule 26(f) Planning Meeting by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
May 27, 2022 Opinion or Order Filing 629 MOTION for Telephonic Appearance by Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Proposed Order)(Kohli, Vinay)
May 26, 2022 Opinion or Order Filing 628 MOTION for Leave to Appear Telephonically at Scheduling Conference by Eric Church. (Attachments: #1 Proposed Order)(Buckley, Michelle)
May 25, 2022 Opinion or Order Filing 627 MOTION to Dismiss Counts/Claims : 1 through 9 by Thomas Moshiri. (Illich Meeds, BriAnne)
May 25, 2022 Opinion or Order Filing 626 NOTICE of Appearance by Jon T Neumann on behalf of Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Neumann, Jon)
May 25, 2022 Opinion or Order Filing 625 ORDER: Before the Court is the Second Stipulated Request to Extend Time for Counter-Defendant Eric Church, M.D., to Respond to Counterclaimant Aetna's Third Amended Counterclaims (Doc. #624 ). For good cause showing, IT IS ORDERED approving the Stipulation (Doc. #624 ). Counter-Defendant Eric Church, M.D. shall have until July 15, 2022 to respond to Aetna's Third Amended Counterclaims. Absent extraordinary circumstances, no further extensions of this deadline will be allowed. ORDERED by Judge Diane J Humetewa on 5/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
May 24, 2022 Opinion or Order Filing 624 STIPULATION to Extend Deadline to Respond to Third Amended Counterclaims - Second Request by Eric Church. (Attachments: #1 Proposed Order)(Buckley, Michelle)
May 20, 2022 Opinion or Order Filing 623 NOTICE of Service of Discovery filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
May 20, 2022 Opinion or Order Filing 622 NOTICE of Attorney Substitution by Benjamin J Fox. (Fox, Benjamin)
May 19, 2022 Opinion or Order Filing 621 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
May 17, 2022 Opinion or Order Filing 620 ORDER: This case having been recently reassigned to this Court, IT IS ORDERED the Rule 16 Scheduling Conference set for June 3, 2022, is vacated and reset to June 6, 2022, at 11:00 a.m. before the Honorable Diane J. Humetewa in Courtroom 605 of the Sandra Day O'Connor U.S. Courthouse in Phoenix, Arizona. IT IS FURTHER ORDERED that in providing the information sought in the Order Setting the Rule 16 Scheduling Conference (Doc. #594 ), the parties shall clearly and correctly identify themselves as (1) Plaintiffs; (2) Defendants; (3) Counter Plaintiffs; (4) Counter Defendants; (5) Third-party Plaintiffs; and/or (6) Third-party Defendants, as well as their respective claims against one another. The remainder of the Order (Doc. #594 ) is otherwise affirmed. ORDERED by Judge Diane J Humetewa on 5/17/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
May 16, 2022 Opinion or Order Filing 619 REPLY to Response to Motion re: #550 MOTION to Amend/Correct #527 Amended Complaint Motion for Leave to File Amended Complaint filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
May 16, 2022 Opinion or Order Filing 618 ORDER: Before the Court is a Stipulation for Extension of Time to File Reply in Support of Motion for Leave to File Amended Complaint (Second Request) (Doc. #609 ) filed by the "Arrowhead OTCs" and Aetna. The parties to this Second Stipulated Request (Doc. #609 ) state that "the extension is requested to accommodate the parties addressing other pending issues in this matter," but do not specify what those issues are. Upon review of the docket, the Court notes that the parties appear to have a regular practice of seeking extensions of time for their briefing deadlines. Inability to timely file a brief because other issues are being addressed will not constitute good cause in the future. Notwithstanding, due to its brevity, the Court will grant the request. Accordingly, IT IS ORDERED that the Stipulation (Doc. #609 ) is approved. The Arrowhead OTCs shall have until May 16, 2022, to file a reply in support of their Motion for Leave to File Amended Complaint. IT IS FURTHER ORDERED that all parties to this action shall be on notice that extension requests will not be granted without a showing of good cause, notwithstanding stipulations to the same. The parties shall instead calendar and plan to timely file briefs in accordance with the Local Rules or this Court's orders. ORDERED by Judge Diane J Humetewa on 5/16/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
May 11, 2022 Opinion or Order Filing 617 Counterdefendant Jeffrey Lynn, D.C.'s Answer to Aetna's Third Amended Counterclaims ANSWER to #545 Amended Counterclaim,,, by Jeffrey Lynn.(Sreecharana, Devin)
May 11, 2022 Opinion or Order Filing 616 Counterdefendant Roger Walker, D.C.'s Answer to Aetna's Third Amended Counterclaims ANSWER to #545 Amended Counterclaim,,, by Roger Walker.(Sreecharana, Devin)
May 11, 2022 Opinion or Order Filing 615 Counterdefendants Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC's Answer to Aetna's Third Amended Counterclaims ANSWER to #545 Amended Counterclaim,,, by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC.(Sreecharana, Devin)
May 11, 2022 Opinion or Order Filing 614 ORDER that based upon the information provided in this Order, any party wishing to seek reassignment of this case to another judge in this district shall file a motion so indicating by Friday, May 13, 2022. Signed by Judge Diane J Humetewa on 5/11/2022. (LFIG)
May 10, 2022 Opinion or Order Filing 613 ORDER - IT IS HEREBY ORDERED that this matter is reassigned to the Honorable Diane J. Humetewa, United States District Judge. All further pleadings and papers submitted for filing shall bear the following complete case number: CV-19-5395-PHX-DJH. Signed by Senior Judge James A Teilborg on 5/10/2022. (LAD)
May 10, 2022 Opinion or Order Filing 612 ORDER - I hereby recuse myself from any further action in the above-captioned matter. Accordingly, IT IS ORDERED that this case be reassigned, by lot, to another District Court Judge in the District of Arizona. IT IS FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable James A. Teilborg, United States District Court Judge. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-05395-PHX-JAT. Signed by Judge Steven P Logan on 5/10/2022. (LAD)
May 10, 2022 Opinion or Order Filing 611 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Steven P Logan. All further pleadings/papers should now list the following COMPLETE case number: CV-19-05395-PHX-SPL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
May 9, 2022 Opinion or Order Filing 610 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
May 9, 2022 Opinion or Order Filing 609 STIPULATION Stipulation for Extension of Time to File Reply in Support of Motion for Leave to File Amended Complaint by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
May 9, 2022 Opinion or Order Filing 608 REPLY to Response to Motion re: #551 MOTION to Amend/Correct Valley Pain's Motion for Leave to File Amended Complaint filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
May 9, 2022 Opinion or Order Filing 607 ORDER - 1. The parties' Stipulated Motions for Extension of Time to Answer Complaint (docs. #600 , #603 , #605 ) are granted. 2. On or before May 31, 2022, Counterdefendants Arrowhead OTCs1, and James Allen shall file a responsive pleading to Counterclaimants Third Amended Counterclaims. Signed by Magistrate Judge John Z Boyle on 5/9/2022. (LAD)
May 6, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Benjamin J Fox on behalf of Counter Defendant Gregory B Maxon Maldonado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
May 5, 2022 Opinion or Order Filing 605 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by James Allen. (Attachments: #1 Proposed Order Order)(Winocur, Fredric)
May 5, 2022 Opinion or Order Filing 604 NOTICE of Appearance by Fredric M Winocur on behalf of James Allen. (Winocur, Fredric)
May 5, 2022 Opinion or Order Filing 603 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Arrowhead Outpatient Treatment Center LLC, Jeremy Buckner, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Shawn Vigneau, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
May 5, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Rachel Simon Feldman on behalf of Counter Defendant Gregory B Maxon Maldonado. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
May 4, 2022 Opinion or Order Filing 602 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP)
May 4, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Fredric M Winocur on behalf of Counter Defendant James Allen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
May 3, 2022 Opinion or Order Filing 601 ANSWER to #545 Amended Counterclaim,,, by Advanced Reimbursement Solutions LLC, American Surgical Development LLC.(Kohli, Vinay)
May 3, 2022 Opinion or Order Filing 600 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Arrowhead Outpatient Treatment Center LLC, Jeremy Buckner, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Shawn Vigneau, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
May 2, 2022 Opinion or Order Filing 599 *NOTICE of Appearance by Justin B Cohen on behalf of American Surgical Development LLC. (Cohen, Justin) *Modified to correct filer on 5/3/2022 (REK).
May 2, 2022 Opinion or Order Filing 598 ORDER: The parties' Stipulated Motions for Extension of Time to Answer Complaint (docs. #595 , #597 ) are granted. On or before May 31, 2022, Counterdefendants Sean Maldonado and Gregory B. Maldonado shall file a responsive pleading to Counterclaimants Third Amended Counterclaims. Signed by Magistrate Judge John Z Boyle on 5/02/2022. (REK)
May 2, 2022 Opinion or Order Filing 597 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Gregory B Maxon Maldonado. (Attachments: #1 Proposed Order)(Koltun, Gregory)
May 2, 2022 Opinion or Order Filing 596 NOTICE of Appearance by Gregory B Koltun on behalf of Gregory B Maxon Maldonado. (Koltun, Gregory)
May 2, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Hena Vora on behalf of Plaintiff Advanced Reimbursement Solutions LLC, Counter Defendant Advanced Reimbursement Solutions LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 29, 2022 Opinion or Order Filing 595 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim Second Request by Sean Maldonado. (Attachments: #1 Proposed Order proposed order)(Sutton, Jared) *Modified to correct event and text on 5/2/2022 (REK).
April 28, 2022 Opinion or Order Filing 594 ORDER: The parties' stipulated motions to extend time for Counterdefendant Maldonado and Plaintiff/Counterdefendant ARS to answer the respective complaints against them in Counterclaimant's Third Amended Counterclaims (docs. #588 , #590 ) are granted to the extent provided in this order. On or before May 20, 2022, Counterdefendant Maldonado and Plaintiff/Counterdefendant ARS shall answer Counterclaimants' Third Amended Counterclaims #545 . The Case Management Conference scheduled for May 5, 2022 532 is vacated. The Case Management Conference is reset for June 3, 2022 at 11:00 a.m. in Courtroom 302 of the Sandra Day O'Connor Federal Courthouse in Phoenix, Arizona. See document for further details. Signed by Magistrate Judge John Z Boyle on 4/28/2022. (REK)
April 28, 2022 Opinion or Order Filing 593 STIPULATION Stipulation for Extension of Time to File Reply in Support of Motion for Leave to File Amended Complaint by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
April 27, 2022 Opinion or Order Filing 592 ORDER That this case be reassigned, by lot, to another judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable John Z. Boyle. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-05395-PHX-JZB. Pending: The Arrowhead OTCs Motion for Leave to File Amended Complaint (Doc. 550), Valley Pains Motion for Leave to File Amended Complaint (Doc. 551), Stipulation for Extension of Time to File Responsive Pleading (Doc. 588), and Stipulation for Extension of Time (Doc. 590). FURTHER ORDERED vacating any pending hearings to be reset by the newly assigned division. Signed by Judge Douglas L Rayes on 4/27/22. (Attachments: #1 Instructions, #2 Consent Form)(MAP)
April 27, 2022 Opinion or Order Filing 591 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Moore, Nathaniel)
April 27, 2022 Opinion or Order Filing 590 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Advanced Reimbursement Solutions LLC. (Attachments: #1 Proposed Order Proposed Order)(Kohli, Vinay)
April 27, 2022 Opinion or Order Filing 589 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 27, 2022 Opinion or Order Magistrate Election Form Deadline. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
April 26, 2022 Opinion or Order Filing 588 *STIPULATION for Extension of Time to File Answer (re: Third Amended Counterclaims) by Sean Maldonado. (Attachments: #1 Proposed Order proposed order)(Sutton, Jared) *Modified to correct event and text on 4/27/2022 (REK).
April 25, 2022 Opinion or Order Filing 587 ORDER: IT IS ORDERED, pursuant to #583 Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC, and Valley Pain Centers of Arizona, LLC to File Reply in Support of Motion for Leave to File Amended Complaint, the deadline for Counter-defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, and Valley Pain Centers of Peoria LLC to reply in support of their #551 Motion for Leave to File Amended Complaint is extended to and including 5/9/2022. Ordered by Judge Douglas L Rayes on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 25, 2022 Opinion or Order Filing 586 AMENDED ORDER: IT IS ORDERED, pursuant to the parties' #582 Stipulation for Extension of Time to File Responsive Pleading, the deadline for Counter-defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, and Valley Pain Centers of Peoria LLC to answer or otherwise respond to the Third Amended Counterclaims is extended to and including 5/11/2022. Ordered by Judge Douglas L Rayes on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 25, 2022 Opinion or Order Filing 585 **Amended by Doc. 586** ORDER: IT IS ORDERED, pursuant to the parties' #583 Stipulation for Extension of Time to File Responsive Pleading, the deadline for Counter-defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, and Valley Pain Centers of Peoria LLC to answer or otherwise respond to the Third Amended Counterclaims is extended to and including 5/11/2022. Ordered by Judge Douglas L Rayes on 4/25/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) Modified on 4/27/2022 (RMV).
April 25, 2022 Opinion or Order Filing 584 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 25, 2022 Opinion or Order Filing 583 STIPULATION Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC to File Reply in Support of Motion for Leave to File Amended Complaint by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order)(Sreecharana, Devin)
April 22, 2022 Opinion or Order Filing 582 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order)(Sreecharana, Devin)
April 20, 2022 Opinion or Order Filing 581 TRANSCRIPT REQUEST by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC for proceedings held on 12/04/2020, Judge Douglas L Rayes hearing judge(s). (Niedzialek, Justin)
April 20, 2022 Opinion or Order Filing 580 ORDER: IT IS ORDERED, pursuant to the parties' #577 Stipulation to Extend Eric Church, M.D.'s Deadline to Respond to Aetna's Third Amended Counterclaims, the deadline for Defendant Eric Church M.D. to answer or otherwise respond to Aetna's 3rd amended counterclaims is extended to and including 6/6/2022. Ordered by Judge Douglas L Rayes on 4/20/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 19, 2022 Opinion or Order Filing 579 ORDER: IT IS ORDERED, pursuant to the #575 Stipulation for Extension of Time to file Responsive Pleading between Counter-defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC ("the OTCs"), and Counterclaimants the Aetna Life Insurance Company and Aetna Incorporation ("Aetna"), the deadline for the OTC Counter-defendants to answer or otherwise respond to Aetna's 3rd Amended Counterclaims is extended to and including 5/3/2022. Ordered by Judge Douglas L Rayes on 4/19/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 19, 2022 Opinion or Order Filing 578 ORDER: IT IS ORDERED, pursuant to the parties' #573 Stipulation for Extension of Time, the deadline for Counter-defendants Advanced Reimbursement Solutions LLC and American Surgical Development LLC to answer or otherwise respond to the 3rd Amended Counterclaims is extended to and including 4/28/2022. Ordered by Judge Douglas L Rayes on 4/19/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 19, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Dmitry Shifrin on behalf of Counter Defendant Eric Church. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 18, 2022 Opinion or Order Filing 577 STIPULATION to Extend Time to Respond to Third Amended Counterclaims (First Request) by Eric Church. (Attachments: #1 Proposed Order)(Buckley, Michelle)
April 18, 2022 Opinion or Order Filing 576 NOTICE of Appearance by Michelle Marie Buckley on behalf of Eric Church. (Buckley, Michelle)
April 18, 2022 Opinion or Order Filing 575 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
April 18, 2022 Opinion or Order Filing 574 RESPONSE in Opposition re: #550 MOTION to Amend/Correct #527 Amended Complaint Motion for Leave to File Amended Complaint, #551 MOTION to Amend/Correct Valley Pain's Motion for Leave to File Amended Complaint filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1)(Moore, Nathaniel)
April 18, 2022 Opinion or Order Filing 573 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #545 Amended Counterclaim,,, by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Proposed Order)(Kohli, Vinay)
April 18, 2022 Opinion or Order Filing 572 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Affidavit of Service re: Aetna's Third Amended Counterclaims upon Gregory B Maxon Maldonado on 04/16/2022. (Moore, Nathaniel)
April 18, 2022 Opinion or Order Filing 571 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Affidavit of Service re: Aetna's Third Amended Counterclaims upon James Allen on 04/15/2022. (Moore, Nathaniel)
April 15, 2022 Opinion or Order Filing 570 ORDER: IT IS ORDERED pursuant to the parties' #569 Stipulation for Extension of Time, the deadline for Counter-defendant Thomas Moshiri to answer or otherwise respond to the Third Amended Counterclaim is extended to and including 5/25/2022. Ordered by Judge Douglas L Rayes on 4/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 14, 2022 Opinion or Order Filing 569 STIPULATION re: #547 Sealed Lodged Proposed Document,,, #545 Amended Counterclaim,,, for Extension of Time by Thomas Moshiri. (Attachments: #1 Proposed Order)(Roth, Joseph)
April 14, 2022 Opinion or Order Filing 568 AMENDED TRANSCRIPT REQUEST pursuant to 567 Notice of Deficiency by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC for proceedings held on 12/04/2020, Judge Douglas L Rayes hearing judge(s). (Sreecharana, Devin)
April 14, 2022 Opinion or Order Filing 567 NOTICE TO FILER OF DEFICIENCY re: AO435 #566 Transcript Request filed by Valley Pain Centers of Peoria LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC. Item 17 - TRANSCRIPT REQUESTED: The listed date of proceeding 12/04/2021 is incorrect. The actual date is 12/04/2020. FOLLOW-UP ACTION REQUIRED: Please refile with the corrected date of proceeding in Item 17. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
April 14, 2022 Opinion or Order Filing 566 TRANSCRIPT REQUEST by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC for proceedings held on 12/04/2020, Judge Douglas L Rayes hearing judge(s). (Sreecharana, Devin)
April 13, 2022 Opinion or Order Filing 565 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Thomas Moshiri M.D. on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 564 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Sean Maldonado on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 563 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Jeffrey Lynn D.C. on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 562 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Eric Church M.D. on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 561 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Shawn Vigneau on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 560 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Roger Walker on 04/12/2022. (Moore, Nathaniel)
April 13, 2022 Opinion or Order Filing 559 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company: Proof of Service re: Aetna's Third Amended Counterclaims upon Jeremy Buckner D.C. on 04/12/2022. (Moore, Nathaniel)
April 12, 2022 Opinion or Order Filing 558 Summons Issued as to James Allen, Jeremy Buckner, Eric Church, Jeffrey Lynn, Sean Maldonado, Gregory B Maxon Maldonado, Thomas Moshiri, Shawn Vigneau, Roger Walker. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
April 11, 2022 Opinion or Order Filing 557 SUMMONS Submitted by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Summons to Sean Maldonado, #2 Summons to James Allen, #3 Summons to Eric Church, #4 Summons to Thomas Moshiri, #5 Summons to Roger Walker, #6 Summons to Jeffrey Lynn, #7 Summons to Jeremy Buckner, #8 Summons to Shawn Vigneau)(Moore, Nathaniel)
April 11, 2022 Opinion or Order Filing 556 NOTICE TO FILER OF DEFICIENCY re: #552 Summons Submitted filed by Aetna Health Incorporated, Aetna Life Insurance Company, Aetna Incorporated. Defendant names do not match complaint and/or docket. FOLLOW-UP ACTION REQUIRED: Please refile corrected documents. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 8, 2022 Opinion or Order Filing 555 Sealed Exhibit A to Valley Pain Plaintiffs Amended Complaint by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (MAP)
April 8, 2022 Opinion or Order Filing 554 ORDER granting #548 Stipulation to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order. FURTHER ORDERED that the portions of Plaintiff/Counterdefendant Valley Pain's proposed Amended Complaint that refer to documents or information designated as "Confidential," "Highly Confidential" or "PHI," as well as any documents or compilation of information designated as "Confidential," "Highly Confidential," or "PHI," shall be filed under seal. Signed by Judge Douglas L Rayes on 4/8/22. (MAP)
April 8, 2022 Opinion or Order Filing 553 ORDER granting #546 Stipulation to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order. Signed by Judge Douglas L Rayes on 4/8/22. (MAP)
April 8, 2022 Opinion or Order Filing 552 SUMMONS Submitted by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Summons to Sean Maldonado, #2 Summons to James Allen, #3 Summons to Eric Church M.D., #4 Summons to Thomas Moshiri, M.D., #5 Summons Roger Walker, D.C., #6 Summons Jeffrey Lynn, D.C., #7 Summons Jeremy Buckner, D.C., #8 Summons to Shawn Vigneau)(Moore, Nathaniel)
April 8, 2022 Opinion or Order Filing 547 *SEALED Third Amended Counterclaims (Unredacted). Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit Nos. 1 - 3, #2 Exhibit Nos. 4 - 5, #3 Exhibit Nos. 6 - 7, #4 Exhibit Nos. 8 - 9, #5 Exhibit No. 10, #6 Exhibit Nos. 11 - 12, #7 Exhibit Nos. 13 - 14, #8 Exhibit Nos. 15 - 17, #9 Exhibit Nos. 18 - 21, #10 Exhibit Nos. 22 - 31, 34 - 35, #11 Exhibit Nos. 36 - 38, 40 - 41, 43 - 44, #12 Exhibit Nos. 45 - 54, #13 Exhibit Nos. 55 - 64, #14 Exhibit 65 - 77, #15 Exhibit 78 - 91, #16 Exhibit 92 - 95, 97, 99, #17 Exhibit A)(Kurtz, Jamie) *Modified to change from lodged to filed pursuant to doc. #553 ; NEF regenerated on 4/8/2022 (MAP)/(SCH).
April 4, 2022 Opinion or Order Filing 551 MOTION to Amend/Correct Valley Pain's Motion for Leave to File Amended Complaint by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Sreecharana, Devin)
April 4, 2022 Opinion or Order Filing 550 MOTION to Amend/Correct #527 Amended Complaint Motion for Leave to File Amended Complaint by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Niedzialek, Justin)
April 4, 2022 Opinion or Order Filing 549 *FILED at Doc. #555 *SEALED LODGED Proposed Exhibit A to Valley Pain Plaintiffs Amended Complaint. Document to be filed by Clerk if Motion or #548 Stipulation to Seal is granted. Filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin) *Modified to link to Stipulation on 4/5/2022 (SCH). *Modified on 4/8/2022 (MAP).
April 4, 2022 Opinion or Order Filing 548 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Proposed Order)(Sreecharana, Devin)
April 4, 2022 Opinion or Order Filing 546 MOTION to Seal Document #545 Amended Counterclaim,,, Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
April 4, 2022 Opinion or Order Filing 545 *Third AMENDED COUNTERCLAIM (Jury Trial Demanded) [Redacted] against Advanced Reimbursement Solutions LLC, American Surgical Development LLC, Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Sean Maldonado, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Unknown Parties, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, West Valley OTC LLC, Gregory B Maxon Maldonado, James Allen, Eric Church, Thomas Moshiri, Roger Walker, Jeffrey Lynn, Jeremy Buckner, Shawn Vigneau filed by Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company, Aetna Incorporated, Aetna Health Incorporated. (Attachments: #1 Exhibit List, #2 Exhibit Nos. 1 - 45, #3 Exhibit Nos. 46 - 99, #4 Exhibit A)(Kurtz, Jamie) *Modified parties on 4/6/2022 (WLP).
April 4, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for Justin B Cohen on behalf of Plaintiff Advanced Reimbursement Solutions LLC, Counter Defendant Advanced Reimbursement Solutions LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
March 25, 2022 Opinion or Order Filing 544 ORDER: IT IS ORDERED as follows: 1. ARS and ASD's motion to dismiss (Doc. #262 ) is GRANTED IN PART and DENIED IN PART as explained herein. 2. The Treatment Center OTCs' motion to dismiss (Doc. #274 ) is DENIED. 3. The Pain Center OTCs' motion to dismiss (Doc. #284 ) is DENIED. 4. Aetna's motion for leave to amend (Doc. #437 ) is GRANTED. Aetna shall file its TACC within 10 days of the date of this order. (See Order for full details.) Signed by Judge Douglas L Rayes on 3/25/22. (SST)
March 24, 2022 Opinion or Order Filing 543 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 22, 2022 Opinion or Order Filing 542 ORDER: IT IS ORDERED, pursuant to the parties' #540 Stipulation regarding Deadline to Seek Leave to Amend Amended Complaint, any motion seeking leave to amend the Amended Complaint shall be filed by 4/4/2022. FURTHER ORDERED that the current deadline for Aetna to respond to the Amended Complaint is vacated, pending adjudication of any motion(s) seeking leave to amend the Amended Complaint. Ordered by Judge Douglas L Rayes on 3/22/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 21, 2022 Opinion or Order Filing 541 ORDER pursuant to #536 Stipulation and Joint Motion for Entry of Order of Dismissal with Prejudice as to Counterdefendants Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC, all claims asserted by Aetna against Counterdefendants Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC are dismissed with prejudice, each party to bear their own costs and attorneys' fees. FURTHER ORDERED that Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Motion to Dismiss Defendant's Second Amended Counterclaim (Doc. #269 ) is DENIED AS MOOT. Signed by Judge Douglas L Rayes on 3/18/2022. (RMV)
March 18, 2022 Opinion or Order Filing 540 STIPULATION re: #527 Amended Complaint Stipulation Regarding Deadline to Seek Leave to Amend Amended Complaint by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Proposed Order)(Niedzialek, Justin)
March 17, 2022 Opinion or Order Filing 539 ORDER: IT IS ORDERED granting #537 Application to Withdraw and Substitute Counsel of Record for Advanced Reimbursement Solutions LLC and American Surgical Development LLC. Attorneys Katie Harris, David Joseph Tassa, Daron L Tooch, Chris C Burris, II, and Stephen Paul Cummings, II of King & Spalding are terminated as counsel of record; and attorney Vinay Kohli of Proskauer Rose LLP is substituted as counsel of record for Advanced Reimbursement Solutions LLC and American Surgical Development LLC. Ordered by Judge Douglas L Rayes on 3/17/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 16, 2022 Opinion or Order Filing 538 *WITHDRAWAL OF DOCUMENT re Motion for Leave to File Counterclaims Against the Aetna Life Insurance Company and Aetna Inc. by Arizona Pain Ventures LLC, Desert Ridge Facility LLC re: #439 Lodged Proposed Document, #438 MOTION for Leave to File Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna . (Brown, Jessica) *Modified to correct event, attorney noticed on 3/17/2022 (LAD).
March 16, 2022 Opinion or Order Filing 537 MOTION to Withdraw as Attorney , MOTION to Substitute Attorney by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Exhibit A - Decl. of Christopher C. Burris, #2 Exhibit B - Proposed Order)(Cummings, Stephen)
March 16, 2022 Opinion or Order Filing 536 STIPULATION of Dismissal of Counterdefendants Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
March 15, 2022 Opinion or Order Filing 535 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 15, 2022 Opinion or Order Filing 534 ORDER: IT IS ORDERED, pursuant to the parties' #533 Stipulation to Extend Aetna's Deadline to Respond to Plaintiffs' Amended Complaint, the deadline for Aetna to answer or otherwise respond to Plaintiffs' amended complaint is extended to and including 3/21/2022. Ordered by Judge Douglas L Rayes on 3/15/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 10, 2022 Opinion or Order Filing 533 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #527 Amended Complaint (Second Request) by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
March 10, 2022 Opinion or Order Filing 532 ORDER: On the Court's own motion, the Rule 16 Scheduling Conference set for 3/14/2022 is vacated and reset. Rule 16 Scheduling Conference reset for 5/5/2022 at 01:30 PM. The Court anticipates this hearing will be held telephonically. The parties will be provided with call-in information via separate email. Ordered by Judge Douglas L Rayes on 3/10/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
February 22, 2022 Opinion or Order Filing 531 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 22, 2022 Opinion or Order Filing 530 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 22, 2022 Opinion or Order Filing 529 ORDER that the parties' stipulation to Aetna's deadline to respond to the amended complaint (Doc. #528 ) is granted. Aetna shall have until March 11, 2022 to answer or otherwise respond to the amended complaint. Ordered by Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
February 17, 2022 Opinion or Order Filing 528 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #527 Amended Complaint by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
February 8, 2022 Opinion or Order Filing 527 AMENDED COMPLAINT Pursuant to Doc. 519 against Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company filed by Advanced Reimbursement Solutions LLC. (Attachments: #1 Exhibit A - Assignment of Benefits)(Kohli, Vinay)
January 31, 2022 Opinion or Order Filing 524 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
January 31, 2022 Opinion or Order Filing 523 ORDER - Sean Maldonado's motion for protective order is DENIED. Sean Maldonado shall appear for his deposition on January 31, 2022. See document for additional details. Signed by Judge Douglas L Rayes on 1/28/2022. (RMV)
January 28, 2022 Opinion or Order Filing 526 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings held on 01/20/2022, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/23/2022. Redacted Transcript Deadline set for 3/7/2022. Release of Transcript Restriction set for 5/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 2/2/2022 (RAP).
January 28, 2022 Opinion or Order Filing 522 NOTICE TO FILER OF DEFICIENCY re: #521 Notice of Service of Discovery filed by Aetna Health Incorporated, Aetna Life Insurance Company, Aetna Incorporated. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Jamie Kurtz but submitted using the log-in and password belonging to attorney Jeffrey Gleason. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
January 27, 2022 Opinion or Order Filing 521 *NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Gleason, Jeffrey) *Modified to reflect Local Rule violation on 1/28/2022 (SST).
January 25, 2022 Opinion or Order Filing 519 ORDER: 1. Aetna's motion for judgment on the pleadings, construed as a motion to dismiss for lack of subject-matter jurisdiction, (Doc. #104 ) is GRANTED. 2. ARS's request for leave to amend is GRANTED. ARS shall file its amended complaint within 14 days of the date of this order. ARS's motion for partial summary judgment (Doc. #204 ) is DENIED without prejudice to ARS renewing its request, if appropriate, after it has amended its complaint to cure the jurisdictional defects identified in this order. 4. Aetna's motion for leave to file a sur-reply in connection with ARS's motion for partial summary judgment (Doc. #305 ) is DENIED as moot. See document for complete details. Signed by Judge Douglas L Rayes on 1/25/2022. (RMV)
January 24, 2022 Opinion or Order Filing 518 NOTICE re: Submission of Proposed Order regarding Discovery Dispute Resolution by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company . (Attachments: #1 Proposed Order)(Gleason, Jeffrey)
January 21, 2022 Opinion or Order Filing 517 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
January 21, 2022 Opinion or Order Filing 516 TRANSCRIPT REQUEST by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on January 20, 2022, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
January 20, 2022 Opinion or Order Filing 525 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 1/20/2022. Additional oral argument heard on the discovery dispute issues presented at the 1/5/2022 discovery hearing, as well as a new issue regarding the deposition of Sean Maldonado. Written order to issue. APPEARANCES: Telephonic appearance by Vinay Kohli, Chris Burris, and Stephen Cummings for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Jeffrey Gleason, Haynes Hansen, Peter Roland, and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Robert McKirgan for Defendant Sean Maldonado. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Devin Sreecharana for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. (Court Reporter Jennifer Pancratz.) Hearing held 1:28 pm to 1:48 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
January 20, 2022 Opinion or Order Filing 515 REPORT of Submission in Advance of January 20, 2022 Discovery Hearing by Plaintiff Advanced Reimbursement Solutions LLC. (Kohli, Vinay)
January 19, 2022 Opinion or Order Filing 514 MEMORANDUM for Aetna's Pre-Hearing Submission Regarding the Deposition of Sean Maldonado by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Gleason, Jeffrey)
January 19, 2022 Opinion or Order Filing 513 MEMORANDUM for Aetna's Submission Regarding State of Discovery Negotiations With ARS and ASD by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Gleason, Jeffrey)
January 18, 2022 Opinion or Order Filing 512 STATEMENT of Non-Party Sean Maldonado re Discovery Dispute by Defendant Sean Maldonado. (McKirgan, Robert)
January 18, 2022 Opinion or Order Filing 511 NOTICE of Appearance by Robert H McKirgan on behalf of Sean Maldonado. (McKirgan, Robert)
January 13, 2022 Opinion or Order Filing 510 MINUTE ORDER: Due to a conflict on the Court's calendar, telephonic Discovery Hearing set for 1/20/2022 at 10:00 AM is RESET IN TIME ONLY. Telephonic Discovery Hearing reset for 1/20/2022 at 01:30 PM (Arizona time) before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
January 11, 2022 Opinion or Order Filing 520 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING proceedings held on 01/05/2022, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/15/2022. Redacted Transcript Deadline set for 2/25/2022. Release of Transcript Restriction set for 4/25/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 1/25/2022 (RAP).
January 11, 2022 Opinion or Order Remark: Pro hac vice motion(s) granted for John Haynes Hansen on behalf of Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 7, 2022 Opinion or Order Filing 509 Sealed Exhibit 6 and Exhibit 8 to Aetna's Memorandum Regarding Discovery Dispute With Advanced Reimbursement Solutions, LLC and American Surgical Development, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 8)(MAP)
January 7, 2022 Opinion or Order Filing 508 ORDER granting #499 Stipulation. The documents attached to Aetna's Memorandum Regarding Discovery Dispute with Advanced Reimbursement Solutions, LLC and American Surgical Development, LLC, lodged on the Court's docket at Doc. #501 , designated as "Confidential," "Highly Confidential," "PHI," or "Outside Attorneys' Eyes Only," shall be filed under seal. Signed by Judge Douglas L Rayes on 1/7/22. (MAP)
January 5, 2022 Opinion or Order Filing 507 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephone Conference and Discovery Hearing held on 1/5/2022. Discussion is held regarding the status of the case, pending motions, and pending deadlines. The #489 Motion for an Amended Scheduling Order and Scheduling Conference is granted in part in that the Court sets an additional Rule 16 Scheduling Conference for 3/14/2022 at 10:00 AM. Additional discussion is held regarding current discovery issues. The parties are directed to meet and confer regarding these issues before the Court makes a final ruling on them. A follow-up Discovery Hearing is set for 1/20/2022 at 10:00 AM. APPEARANCES: Telephonic appearance by Vinay Kohli, Chris Burris, and Stephen Cummings for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Jeffrey Gleason, Nate Moore, Haynes Hansen, Peter Roland, and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Devin Sreecharana and Philip May for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. (Court Reporter Jennifer Pancratz.) Hearing held 9:29 am to 10:16 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
January 5, 2022 Opinion or Order Filing 506 TRANSCRIPT REQUEST by Advanced Reimbursement Solutions LLC for proceedings held on January 5, 2022, Judge Douglas L Rayes hearing judge(s). (Cummings, Stephen)
January 5, 2022 Opinion or Order Filing 505 TRANSCRIPT REQUEST by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on January 5, 2022, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
January 4, 2022 Opinion or Order Filing 504 ORDER - IT IS ORDERED that United's motion to transfer (Doc. #476 ) is GRANTED. The Clerk is directed to transfer United Healthcare Services, Inc., et al. v. Advanced Reimbursement Solutions, LLC, et al., No. CV-21-01302-PHX-SMB to Judge Douglas L. Rayes for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-21-01302-PHX-DLR. (See document for further details). Signed by Judge Douglas L Rayes on 1/3/2022.Associated Cases: 2:19-cv-05395-DLR, 2:21-cv-01302-SMB (LAD)
January 4, 2022 Opinion or Order Filing 503 ORDER that Defendant's/Counterclaimant's Aetna Life Insurance Company and Aetna Inc. (collectively "Aetna") Motion to Compel Compliance with Aetna's Subpoena's to Third Parties Jon Tanner, D.C., Needlez, LLC, Legal Advances Now, LLC, HT Professional Services, LLC, Dr. Jon Tanner Chiropractic and Acupuncture, LLC and Prestige Worldwide DME, LLC (Doc. #444 ) is GRANTED IN PART AND DENIED IN PART as set forth herein. FURTHER ORDERED that any documents withheld from production based on a claim of the attorney-client privilege must be identified in a privilege log submitted within 21 days of this order. See document for complete details. Signed by Judge Douglas L Rayes on 1/3/2022. (RMV)
January 4, 2022 Opinion or Order Filing 502 MEMORANDUM Memorandum Regarding Discovery Dispute #500 Memorandum by Plaintiff Advanced Reimbursement Solutions LLC. (Kohli, Vinay)
January 4, 2022 Opinion or Order Filing 501 *FILED at Doc. #509 *SEALED LODGED Proposed Exhibit 6 and Exhibit 8 to Aetna's Memorandum Regarding Discovery Dispute re: #499 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 6, #2 Exhibit 8)(Kurtz, Jamie) *Modified on 1/7/2022 (MAP).
January 4, 2022 Opinion or Order Filing 500 MEMORANDUM Regarding Discovery Dispute With Advanced Reimbursement Solutions, LLC and American Surgical Development, LLC by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 - Placeholder, #7 Exhibit 7, #8 Exhibit 8 - Placeholder)(Kurtz, Jamie)
January 4, 2022 Opinion or Order Filing 499 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
December 29, 2021 Opinion or Order Filing 498 TRANSCRIPT REQUEST by Advanced Reimbursement Solutions LLC for proceedings held on July 26, 2021, Judge Douglas L Rayes hearing judge(s). (Cummings, Stephen)
December 28, 2021 Opinion or Order Filing 497 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY DISPUTE HEARING Proceedings held on 7/26/21, before Judge DOUGLAS L. RAYES. [Court Reporter/Transcriber Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/28/2022. Release of Transcript Restriction set for 3/28/2022. (NKS)
December 28, 2021 Opinion or Order Filing 496 AMENDED TRANSCRIPT REQUEST pursuant to 493 Notice of Deficiency by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on July 26, 2021, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
December 27, 2021 Opinion or Order Filing 495 *Joinder re: #492 Response to Motion, #494 Response to Motion by Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin) *Modified to correct event and text on 12/28/2021 (REK).
December 27, 2021 Opinion or Order Filing 494 RESPONSE to Motion re: #489 MOTION for an Amended Scheduling Order and Scheduling Conference filed by Advanced Reimbursement Solutions LLC. (Kohli, Vinay)
December 27, 2021 Opinion or Order Filing 493 NOTICE TO FILER OF DEFICIENCY re: AO 435 #491 Transcript Request filed by Aetna Health Incorporated, Aetna Life Insurance Company, Aetna Incorporated. Item 17 - TRANSCRIPT REQUESTED: No court proceedings were transcribed or recorded for the requested date of proceeding of 7/29/2021. FOLLOW-UP ACTION REQUIRED: Please refile with the corrected date of proceeding in Item 17. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SCH)
December 27, 2021 Opinion or Order Filing 492 RESPONSE to Motion re: #489 MOTION for an Amended Scheduling Order and Scheduling Conference filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
December 21, 2021 Opinion or Order Filing 491 TRANSCRIPT REQUEST for July 29, 2021 Discovery Hearing by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on 07/29/2021, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
December 21, 2021 Opinion or Order Remark: Pro hac vice motion(s) granted for Aaron J Chickos on behalf of Counter Defendants Arizona Pain Ventures LLC, Desert Ridge Facility LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 20, 2021 Opinion or Order Filing 490 MINUTE ORDER: Telephone Conference re: #489 Motion to Amend Scheduling Order and for Rule 16 Scheduling Conference, and Discovery Hearing, set for 1/5/2022 at 09:30 AM (Arizona time) before Judge Douglas L Rayes. The parties will be provided call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
December 15, 2021 Opinion or Order Remark: Pro hac vice motion(s) granted for Chris C Burris, II, Stephen Paul Cummings, II, Katie Harris on behalf of Plaintiff Advanced Reimbursement Solutions LLC, Counter Defendants Advanced Reimbursement Solutions LLC, American Surgical Development LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 13, 2021 Opinion or Order Filing 489 MOTION for an Amended Scheduling Order and Scheduling Conference by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Affidavit of Nate Moore, #2 Exhibit 1-5, #3 Proposed Order)(Kurtz, Jamie)
December 7, 2021 Opinion or Order Filing 488 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
November 16, 2021 Opinion or Order Filing 487 ORDER: The parties' stipulation and joint motion #486 is GRANTED. All claims asserted by Counterclaimant Aetna against Counter-defendants Alliance Pain Solutions, LLC; Valley Pain Intervention Center, LLC; and Pain Treatment Center of Tempe, PLLC are dismissed with prejudice, and all parties are to bear their own costs and attorneys' fees. Signed by Judge Douglas L Rayes on 11/16/2021. (REK)
November 10, 2021 Opinion or Order Filing 486 STIPULATION of Dismissal of Counterdefendants Alliance Pain Solutions, LLC; Valley Pain Intervention Center, LLC; and Pain Treatment Center of Tempe, PLLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Kurtz, Jamie)
September 22, 2021 Opinion or Order Filing 484 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
September 16, 2021 Opinion or Order Filing 483 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
September 7, 2021 Opinion or Order Filing 482 REPLY to Response to Motion re: (476 in 2:19-cv-05395-DLR) MOTION to Transfer Related Case filed by United Healthcare Services Incorporated, UnitedHealthcare Insurance Company. (Associated Cases: 2:19-cv-05395-DLR, 2:21-cv-01302-SMB) (Bettini, Kathryn)
September 1, 2021 Opinion or Order Filing 481 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Devin Sreecharana. (Sreecharana, Devin)
August 31, 2021 Opinion or Order Filing 480 RESPONSE to Motion/ Objection re: (476 in 2:19-cv-05395-DLR) MOTION to Transfer Related Case filed by Advanced Reimbursement Solutions LLC. NOTE: Refiled by Clerk using correct event and in correct case for statistical pruposes. (Associated Cases: 2:19-cv-05395-DLR, 2:21-cv-01302-SMB) (DXD)
August 31, 2021 Opinion or Order Filing 479 Joinder in Defendant Advanced Reimbursement Solutions, LLCs #480 (Response) Opposition to Plaintiffs' #476 Motion to Transfer Case by Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin) *Modified to add document linkage on 9/2/2021 (LAD).
August 24, 2021 Opinion or Order Filing 478 ORDER pursuant to #477 Stipulation: The deadline for Valley Pain to respond to UnitedHealth's Motion to Transfer Case filed as to case CV-21-01302-PHX-SMB (Doc. #476 ) is extended through and including August 31, 2021. See document for complete details. Signed by Judge Douglas L Rayes on 8/24/2021. (RMV)
August 20, 2021 Opinion or Order Filing 477 STIPULATION for Extension of Time to Respond re: #476 MOTION to Transfer Related Case by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC. *Redocketed by Clerk in lower case for statistical purposes. (Associated Cases: CV-21-01302-PHX-SMB, CV-19-05395-PHX-DLR) (Attachments: #1 Proposed Order) (DXD)
August 10, 2021 Opinion or Order Filing 476 MOTION to Transfer Related Case by United Healthcare Services Incorporated, UnitedHealthcare Insurance Company. NOTE: Redocketed by Clerk using correct event for statistical purposes. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Associated Cases: CV-21-01302-PHX-SMB, CV-19-05395-PHX-DLR) (DXD)
August 4, 2021 Opinion or Order Filing 475 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
August 2, 2021 Opinion or Order Filing 474 NOTICE of Service of Discovery filed by Valley Pain Centers LLC. (May, Philip)
August 2, 2021 Opinion or Order Filing 473 NOTICE of Service of Discovery filed by Valley Pain Centers LLC. (May, Philip)
August 2, 2021 Opinion or Order Filing 472 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
July 29, 2021 Opinion or Order Filing 471 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Dispute Hearing held on 7/29/2021. Oral argument is heard. IT IS ORDERED that ARS and ASD will complete the production of emails and custodial documents on the new search terms as they pertain to Sean Maldonaldo on or before 7/30/2021. FURTHER ORDERED that Aetna will produce copies of all settlement agreements, except for those where there has been an objection, on or before 8/3/2021. APPEARANCES: Telephonic appearance by Vinay Kohli and Scott Cameron for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Jeffrey Gleason, Nate Moore, Haynes Hansen, Peter Roland, and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Devin Sreecharana for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Bradley Shelts and Jennifer Carstens for Pain Treatment Center of Tempe PLLC and Valley Pain Intervention Center LLC. (Court Reporter Jennifer Pancratz.) Hearing held 2:00 pm to 2:30 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
July 23, 2021 Opinion or Order Filing 470 MEMORANDUM Re Discovery Dispute with ARS by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kurtz, Jamie)
July 23, 2021 Opinion or Order Filing 469 MEMORANDUM Re Discovery Dispute with Aetna by Plaintiff Advanced Reimbursement Solutions LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Kohli, Vinay)
July 23, 2021 Opinion or Order Filing 468 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC. (Tooch, Daron)
July 22, 2021 Opinion or Order Filing 467 SEALED REPLY to Response to Motion re: #444 MOTION to Compel Compliance with Aetna's Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (MAP)
July 22, 2021 Opinion or Order Filing 466 ORDER granting #463 Stipulation to File Under Seal Aetna's Reply In Support of Its Motion to Compel Compliance with Subpoenas to Third Parties Jon Tanner, D.C., Needlez, LLC, Legal Advances Now, LLC, HT Professional Services, LLC, Dr. Jon Tanner Chiropractic and Acupuncture, LLC, and Prestige Worldwide DME, LLC. Signed by Judge Douglas L Rayes on 7/22/21. (MAP)
July 21, 2021 Opinion or Order Filing 465 *FILED at Doc. #467 *SEALED LODGED Proposed Aetna's Reply in Support of Its Motion to Compel Compliance With Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC re: #463 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Gleason, Jeffrey) *Modified on 7/22/2021 (MAP).
July 21, 2021 Opinion or Order Filing 464 REPLY to Response to Motion re: #444 MOTION to Compel Compliance with Aetna's Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Gleason, Jeffrey)
July 21, 2021 Opinion or Order Filing 463 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Gleason, Jeffrey)
July 21, 2021 Opinion or Order Filing 462 REPLY to Response to Motion re: #437 MOTION to Amend/Correct Third Amended Complaint filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
July 20, 2021 Opinion or Order Filing 461 REPLY to Response to Motion re: #438 MOTION for Leave to File Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
July 16, 2021 Opinion or Order Filing 460 RESPONSE to Motion re: #437 MOTION to Amend/Correct RESPONSE TO AETNAS MOTION FOR LEAVE TO FILE THIRD AMENDED COUNTERCLAIM filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
July 16, 2021 Opinion or Order Filing 459 RESPONSE in Opposition re: #437 MOTION to Amend/Correct Counterdefendant Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC's Opposition to Aetna's Motion for Leave to File Third Amended Counterclaim filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Shaffer, Kathleen)
July 16, 2021 Opinion or Order Filing 458 RESPONSE to Motion re: #444 MOTION to Compel Compliance with Aetna's Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC filed by Jon Tanner. (Dichter, Stephen)
July 16, 2021 Opinion or Order Filing 457 ORDER: IT IS ORDERED, pursuant to the parties' #450 Stipulation to Extend Deadline to File Response to Aetna's Motion for Leave to File Third Amended Counterclaim, the deadline for the OTC entities to respond to Aetna's #437 Motion for Leave to File Third Amended Counterclaim is extended to and including 7/16/2021. Ordered by Judge Douglas L Rayes on 7/16/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
July 16, 2021 Opinion or Order Filing 456 ORDER: IT IS ORDERED, pursuant to the parties' #451 Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC, and Valley Pain Centers of Arizona, LLC to File Response to Aetna's Motion for Leave to File Third Amended Counterclaim, the deadline for the Valley Pain entities to respond to Aetna's #437 Motion for Leave to file Third Amended Complaint is extended to and including 7/16/2021. Ordered by Judge Douglas L Rayes on 7/16/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
July 15, 2021 Opinion or Order Filing 455 ORDER - IT IS ORDERED that pursuant to the parties' Stipulation (Doc. #436 ), the Clerk of Court shall file under seal, the portions of Aetna's Motion for Leave to File Third Amended Counterclaim that refer to documents designed as "Confidential," "Highly Confidential," "PHI," or "Outside Attorneys' Eyes Only," as well as any documents designated as "Confidential," "Highly Confidential," "PHI," or "Outside Attorneys' Eyes "Only" attached thereto, lodged at Doc. #440 . Signed by Judge Douglas L Rayes on 7/15/2021. (LAD)
July 15, 2021 Opinion or Order Filing 454 ORDER pursuant to #443 Stipulation: IT IS ORDERED that the Clerk of Court shall file under seal, the documents lodged at Doc. #445 and the attachments, to Aetna's Memorandum of Law In Support of its Motion to Compel. (See document for further details). Signed by Judge Douglas L Rayes on 7/15/2021. (LAD)
July 15, 2021 Opinion or Order Filing 453 ORDER - IT IS ORDERED that Aetna's Motion to Limit Application of ARS & ASD's Non-Disclosure Agreements (Doc. #419 ) is DENIED. (See document for further details). Signed by Judge Douglas L Rayes on 7/15/2021. (LAD)
July 15, 2021 Opinion or Order Filing 452 ORDER that pursuant to #447 Stipulation, all claims asserted by Aetna against Counter-defendant AZ Pain Solutions, LLC are dismissed with prejudice, each party to bear its own attorneys' fees and costs. Signed by Judge Douglas L Rayes on 7/15/2021. (LFIG)
July 15, 2021 Opinion or Order Filing 445 *SEALED Memorandum of Law in Support of #444 Sealed Motion to Compel Compliance with Aetna's Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12)(Gleason, Jeffrey) *Modified to file and add document linkage pursuant to #454 Order; NEF regenerated on 7/15/2021 (LAD)/(SCH).
July 15, 2021 Opinion or Order Filing 440 *SEALED Proposed Third Amended Complaint by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit Nos. 1 - 3, #2 Exhibit Nos. 4 - 5, #3 Exhibit Nos. 6 - 7, #4 Exhibit Nos. 8 - 9, #5 Exhibit No. 10, #6 Exhibit Nos. 11 - 12, #7 Exhibit Nos. 13 - 14, #8 Exhibit Nos. 15 - 17, #9 Exhibit Nos. 18 - 21, #10 Exhibit Nos. 22 - 31, 34 - 35, #11 Exhibit Nos. 36 - 38, 40 - 41, 43 - 44, #12 Exhibit Nos. 45 - 54, #13 Exhibit Nos. 55 - 64, #14 Exhibit Nos. 65 - 77, #15 Exhibit Nos. 78 -91, #16 Exhibit Nos. 92 - 95, 97, and 99, #17 Exhibit B)(Kurtz, Jamie) *Modified to file per #455 Order; NEF regenerated on 7/15/2021 (LAD)/(SCH).
July 14, 2021 Opinion or Order Filing 451 STIPULATION re: #437 MOTION to Amend/Correct Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC to File Response to Aetna's Motion for Leave to File Third Amended Counterclaim by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Text of Proposed Order)(Shaffer, Kathleen)
July 14, 2021 Opinion or Order Filing 450 STIPULATION re: #437 MOTION to Amend/Correct STIPULATION TO EXTEND DEADLINE TO FILE RESPONSE TO AETNAS MOTION FOR LEAVE TO FILE THIRD AMENDED COUNTERCLAIM by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order)(Niedzialek, Justin)
July 14, 2021 Opinion or Order Filing 449 *RESPONSE in Opposition to Motion re: #437 MOTION to Amend/Correct Aetna's Motion for Leave to File Second Amended Counterclaim filed by Advanced Reimbursement Solutions LLC. (Kohli, Vinay) *Modified to correct event type on 7/15/2021 (MFR).
July 13, 2021 Opinion or Order Filing 448 RESPONSE in Opposition re: #438 MOTION for Leave to File Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
July 13, 2021 Opinion or Order Filing 447 STIPULATION of Dismissal of AZ Pain Solutions, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
July 13, 2021 Opinion or Order Filing 446 ORDER: IT IS ORDERED that the parties shall participate in a Telephonic Discovery Dispute Hearing before Judge Douglas L. Rayes on July 26, 2021 at 2:00 PM. Call-in instructions will be provided via separate email. Ordered by Judge Douglas L Rayes on 7/13/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
July 9, 2021 Opinion or Order Filing 444 MOTION to Compel Compliance with Aetna's Subpoenas to Third Parties Jon Tanner, D.C.; Needlez, LLC; Legal Advances Now, LLC; HT Professional Services, LLC; Dr. Jon Tanner Chiropractic and Acupuncture, LLC; and Prestige Worldwide DME, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Placeholder, #4 Exhibit 4 - Placeholder, #5 Exhibit 5 - Placeholder, #6 Exhibit 6 - Placeholder, #7 Exhibit 7 - Placeholder, #8 Exhibit 8 - Placeholder, #9 Exhibit 9, #10 Exhibit 10 - Placeholder, #11 Exhibit 11 - Placeholder, #12 Exhibit 12- Placeholder, #13 Exhibit 13, #14 Text of Proposed Order)(Gleason, Jeffrey)
July 9, 2021 Opinion or Order Filing 443 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Gleason, Jeffrey)
July 6, 2021 Opinion or Order Filing 442 MINUTE ORDER: Counsel for Aetna not being available, the discovery hearing set for 7/7/2021 at 1:30 PM is VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
July 6, 2021 Opinion or Order Filing 441 MINUTE ORDER: Telephonic Discovery Hearing re: Aetna's responses to interrogatories set for 7/7/2021 at 01:30 PM before Judge Douglas L Rayes. The parties will be provided with call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 30, 2021 Opinion or Order Filing 439 LODGED Proposed Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna re: #438 MOTION for Leave to File Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
June 30, 2021 Opinion or Order Filing 438 MOTION for Leave to File Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Counterclaims Against Aetna by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Attachments: #1 Exhibit A - Counterclaims Against Aetna, #2 Text of Proposed Order)(Goldfine, Dan)
June 30, 2021 Opinion or Order Filing 437 *MOTION to Amended/Correct #226 Second Amended Counterclaim filed by Aetna Life Insurance Company, Aetna Incorporated, Aetna Health Incorporated. (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit 1-45 (Redacted), #4 Exhibit 46-99 (Redacted), #5 Text of Proposed Order)(Kurtz, Jamie) *Modified to correct event and text on 7/1/2021 (REK).
June 30, 2021 Opinion or Order Filing 436 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
June 28, 2021 Opinion or Order Filing 435 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 6/28/2021. Discussion is held regarding objections to Aetna's 3rd party subpoenas. Upon discussion, IT IS ORDERED that Aetna's motion to compel is due on or before 7/9/2021; Movant Tanner's response will be due by 7/16/2021; and Aetna's reply will be due by 7/21/2021. APPEARANCES: Telephonic appearance by Jeffrey Gleason, Peter Roland, and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Bob Itri for Counter Defendant AZ Pain Solutions LLC. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Justin DePaul and Philip May for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. Telephonic appearance by Stephen Dichter and Katharine Myers for Movant Jon Tanner. (Court Reporter Jennifer Pancratz.) Hearing held 11:02 am to 11:08 am. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
June 28, 2021 Opinion or Order Filing 434 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
June 28, 2021 Opinion or Order Filing 433 Sealed Brief in Support of Overruling Objections to Aetna's Subpoenaby Third Party Jon Tanner, D.C.; Needlez, LLC; Legal Avances Now, LLC; HT Professional Services, LLC; and Dr. Jon Tanner Chiropractic and Acupuncture, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 2 and 3)(MAP)
June 28, 2021 Opinion or Order Filing 432 ORDER granting #429 Stipulation to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order. FURTHER ORDERED Aetna's Brief in Support of Overruling Objections to Aetna's Subpoena by Third Party Jon Tanner, D.C., Needlez, LLC, Legal Advances Now, LLC, HT Professional Services, LLC, and Dr. Jon Tanner Chiropractic and Acupuncture, LLC and the attached exhibits, lodged on the Court's docket at Doc. #431 , shall be filed under seal. Signed by Judge Douglas L Rayes on 6/25/21. (MAP)
June 25, 2021 Opinion or Order Filing 431 *FILED at Doc. #433 *SEALED LODGED Proposed Sealed Motion Overruling Objections to Aetna's Subpoena by Third Party Jon Tanner, D.C.; Needlez, LLC; Legal Avances Now, LLC; HT Professional Services, LLC; and Dr. Jon Tanner Chiropractic and Acupuncture, LLC re: #429 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Gleason, Jeffrey) *Modified on 6/28/2021 (MAP).
June 25, 2021 Opinion or Order Filing 430 MOTION Overruling Objections to Aetna's Subpoena by Third Party Jon Tanner, D.C.; Needlez, LLC; Legal Advances, Now, LLC; HT Professional Services, LLC; and Dr. Jon Tanner Chiropractic and Acupuncture, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Gleason, Jeffrey)
June 25, 2021 Opinion or Order Filing 429 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Gleason, Jeffrey)
June 25, 2021 Opinion or Order Filing 428 NOTICE re: Notice of Filing Attached Memorandum by Jon Tanner re: 426 Set/Reset Hearings . (Dichter, Stephen)
June 22, 2021 Opinion or Order Filing 427 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
June 22, 2021 Opinion or Order Filing 426 MINUTE ORDER: Telephonic Discovery Hearing re: 3rd party subpoenas set for 6/28/2021 at 11:00 AM (Arizona time) before Judge Douglas L Rayes. The parties will be provided with call-in information via separate email. Counsel may submit a 3-page memo on the issues no later than Friday, 6/25/2021, at 11:00 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 17, 2021 Opinion or Order Filing 425 NOTICE of Settlement with Phoenix Pain Treatment Centers, LLC by Advanced Reimbursement Solutions LLC. (Attachments: #1 Exhibit Settlement Agreement between ARS and PPTC)(Tooch, Daron)
June 14, 2021 Opinion or Order Filing 423 AMENDED SCHEDULING ORDER pursuant to #422 Stipulation: Discovery due by 12/15/2021. Dispositive motions due by 6/1/2022. See document for additional deadlines and complete details. Signed by Judge Douglas L Rayes on 6/11/2021. (RMV)
June 9, 2021 Opinion or Order Filing 422 STIPULATION to Amend Scheduling Order by Advanced Reimbursement Solutions LLC. (Attachments: #1 Text of Proposed Order Proposed Amended Scheduling Order)(Tooch, Daron)
June 9, 2021 Opinion or Order Filing 421 ORDER: Pursuant to the parties' stipulation, all claims asserted by Aetna against Counter-defendants Metro OTC, LLC, North Phoenix OTC, LLC, and Uptown Facility, LLC are dismissed with prejudice, each party to bear their own costs and attorneys' fees. Signed by Judge Douglas L Rayes on 6/09/2021. (REK)
June 8, 2021 Opinion or Order Filing 424 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings held on 05/21/2021, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/6/2021. Redacted Transcript Deadline set for 7/16/2021. Release of Transcript Restriction set for 9/13/2021. (RAP)
June 8, 2021 Opinion or Order Filing 420 STIPULATION of Dismissal of Metro OTC, LLC, North Phoenix OTC, LLC and Uptown Facility, LLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
June 3, 2021 Opinion or Order Filing 419 SEALED MOTION to Limit Application of ARS & ASD's Non-Disclosure Agreements by Aetna Health Incorporated. (MAP)
June 3, 2021 Opinion or Order Filing 418 ORDER granting #412 Stipulation to File Aetna's Motion to Limit Application of ARS's & ASD's Non-Disclosure Agreements Document Under Seal. Signed by Judge Douglas L Rayes on 6/3/21. (MAP)
June 2, 2021 Opinion or Order Filing 416 TRANSCRIPT REQUEST of Telephonic Discovery Hearing by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on May 21, 2021, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
May 31, 2021 Opinion or Order Filing 415 MEMORANDUM Re: Aetna's Request to Invalidate NDAs by Plaintiff Advanced Reimbursement Solutions LLC. (Tooch, Daron)
May 26, 2021 Opinion or Order Filing 414 *FILED at Doc. #419 *SEALED LODGED Proposed Sealed Motion to Compel to Limit Application of NDAs re: #412 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) *Modified on 6/3/2021 (MAP).
May 26, 2021 Opinion or Order Filing 413 *Supplemental MOTION to Limit Application of NDAs by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie) *Modified motion type and text on 5/27/2021 (REK).
May 26, 2021 Opinion or Order Filing 412 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
May 26, 2021 Opinion or Order Filing 411 ORDER: Pursuant to the parties' stipulation, all claims asserted by Aetna against Counter-defendant Phoenix Pain Treatment Centers, PLLC are dismissed with prejudice, and all parties are to bear their own costs and attorneys' fees. Signed by Judge Douglas L Rayes on 5/26/2021. (REK)
May 25, 2021 Opinion or Order Filing 410 STIPULATION of Dismissal of Phoenix Pain Treatment Centers, PLLC by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
May 25, 2021 Opinion or Order Filing 409 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
May 21, 2021 Opinion or Order Filing 408 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 5/21/2021. Discussion is held regarding the discovery dispute detailed in Aetna's Memorandum (Doc. #403 ) and ARS's Memorandum (Doc. #405 ). As to issue I, the Court finds and orders that there is no ethical or other reason that would prevent Aetna from communicating with it's members. As to issue II, the Court orders that the parties each submit a 3 page supplement. Aetna's supplement is due by 5/26/2021. ARS's responsive supplement is due by 5/31/2021. APPEARANCES: Telephonic appearance by Scott Cameron for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Jeffrey Gleason, Nate Moore, and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Brendan Murphy for Counter Defendants Metro OTC LLC, North Phoenix OTC LLC, and Uptown Facility LLC. Telephonic appearance by Justin DePaul for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Bob Itri for Counter Defendant AZ Pain Solutions LLC. Telephonic appearance by Brad Shelts for Pain Treatment Center of Tempe PLLC and Valley Pain Intervention Center LLC. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. (Court Reporter Jennifer Pancratz.) Hearing held 1:29 pm to 1:59 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
May 21, 2021 Opinion or Order Filing 407 Sealed Memorandum Re Discovery Dispute With Advanced Reimbursement Solutions LLC and American Surgical Development LLC by Aetna Health Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(MAP)
May 21, 2021 Opinion or Order Filing 406 ORDER granting #402 Stipulation to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order. Signed by Judge Douglas L Rayes on 5/21/21. (MAP)
May 20, 2021 Opinion or Order Filing 405 MEMORANDUM Re: Aetna's Requests Extra-Judicial Discovery by Plaintiff Advanced Reimbursement Solutions LLC. (Kohli, Vinay)
May 20, 2021 Opinion or Order Filing 404 *FILED at Doc. #407 *SEALED LODGED Proposed Sealed Motion for Miscellaneous Relief and Exhibits 2 and 3 re: #402 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Kurtz, Jamie) *Modified on 5/21/2021 (MAP).
May 20, 2021 Opinion or Order Filing 403 MOTION to Permit Aetna to communicate with Member Plaintiffs and to Allow the OTCs and Third-Parties to disclose to Aetna Information Related to the Allegations at Issue by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Kurtz, Jamie)
May 20, 2021 Opinion or Order Filing 402 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
May 19, 2021 Opinion or Order Filing 401 NOTICE of Appearance by Justin Robert DePaul on behalf of Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (DePaul, Justin)
May 19, 2021 Opinion or Order Filing 400 NOTICE of Service of Discovery filed by Jon Tanner. (Dichter, Stephen)
May 14, 2021 Opinion or Order Filing 399 NOTICE of Appearance by Stephen M Dichter on behalf of Jon Tanner. (Dichter, Stephen)
May 12, 2021 Opinion or Order Filing 398 MINUTE ORDER: Telephonic Discovery Hearing set for 5/21/2021 at 01:30 PM before Judge Douglas L Rayes. The parties will be provided with call-in information via separate email. The parties may submit a statement of the issues no later than 24 hours prior to the hearing. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
May 12, 2021 Opinion or Order Filing 397 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
May 5, 2021 Opinion or Order Remark: Pro hac vice motion(s) granted for Paul D Weller on behalf of Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
May 4, 2021 Opinion or Order Filing 396 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 28, 2021 Opinion or Order Filing 395 NOTICE of Service of Discovery filed by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
April 26, 2021 Opinion or Order Filing 394 REPORT of Post-Mediation by Plaintiff Advanced Reimbursement Solutions LLC. (Tooch, Daron)
April 26, 2021 Opinion or Order Filing 393 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 21, 2021 Opinion or Order Filing 392 NOTICE of Service of Discovery filed by Valley Pain Centers LLC. (Sreecharana, Devin)
April 21, 2021 Opinion or Order Filing 391 NOTICE of Service of Discovery filed by Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
April 21, 2021 Opinion or Order Filing 390 NOTICE of Service of Discovery filed by Valley Pain Centers of Arizona LLC. (Sreecharana, Devin)
April 20, 2021 Opinion or Order Filing 389 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 14, 2021 Opinion or Order Filing 388 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 14, 2021 Opinion or Order Filing 387 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 12, 2021 Opinion or Order Filing 386 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC. (Goldfine, Dan)
April 12, 2021 Opinion or Order Filing 385 ORDER: Pursuant to the parties' stipulation, all claims asserted by Aetna against Counter-defendants North Valley Pain Center, PLLC and NorthView Pain Treatment Center, PLLC are dismissed with prejudice, each party to bear their own costs and attorneys' fees. Signed by Judge Douglas L Rayes on 4/12/2021. (REK)
April 8, 2021 Opinion or Order Filing 384 STIPULATION of Dismissal with Prejudice by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
April 8, 2021 Opinion or Order Filing 383 NOTICE of Service of Discovery filed by American Surgical Development LLC. (Tooch, Daron)
April 7, 2021 Opinion or Order Filing 382 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
April 7, 2021 Opinion or Order Filing 381 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
April 5, 2021 Opinion or Order Filing 380 AMENDED TRANSCRIPT REQUEST pursuant to 379 Notice of Deficiency by Advanced Reimbursement Solutions LLC for proceedings held on March 12, 2021, Judge Douglas L Rayes hearing judge(s). (Tooch, Daron)
April 5, 2021 Opinion or Order Filing 379 NOTICE TO FILER OF DEFICIENCY re: AO435 #378 Transcript Request filed by Advanced Reimbursement Solutions LLC. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
April 5, 2021 Opinion or Order Filing 378 TRANSCRIPT REQUEST for March 12, 2021 Telephonic Discovery Hearing by Advanced Reimbursement Solutions LLC for proceedings held on March 12, 2021, Judge Douglas L Rayes hearing judge(s). (Tooch, Daron)
April 2, 2021 Opinion or Order Filing 377 TRANSCRIPT REQUEST for March 12, 2021 Telephonic Discovery Hearing by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC for proceedings held on March 12, 2021 Telephonic Discovery Hearing, Judge Douglas L Rayes hearing judge(s). (Sreecharana, Devin)
March 31, 2021 Opinion or Order Filing 376 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings held on 03/12/2021, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/21/2021. Redacted Transcript Deadline set for 5/3/2021. Release of Transcript Restriction set for 6/29/2021. (RAP)
March 30, 2021 Opinion or Order Filing 375 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 30, 2021 Opinion or Order Filing 374 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
March 26, 2021 Opinion or Order Filing 373 NOTICE of Attorney Withdrawal by Eric Boettcher for Defendants/Counterclaimants The Aetna Life Insurance Company; Aetna, Inc.; and Aetna Health Inc. filed by Eric Bradley Boettcher. (Boettcher, Eric)
March 24, 2021 Opinion or Order Filing 372 TRANSCRIPT REQUEST for March 12, 2021 Telephonic Discovery Hearing by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on March 12, 2021, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
March 23, 2021 Opinion or Order Filing 371 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 22, 2021 Opinion or Order Filing 370 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 22, 2021 Opinion or Order Filing 369 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
March 19, 2021 Opinion or Order Filing 368 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
March 19, 2021 Opinion or Order Filing 367 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC. (Goldfine, Dan)
March 19, 2021 Opinion or Order Filing 366 NOTICE of Service of Discovery filed by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
March 18, 2021 Opinion or Order Filing 365 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
March 17, 2021 Opinion or Order Filing 364 NOTICE of Service of Discovery filed by North Valley Pain Center PLLC. (Peugnet, M)
March 16, 2021 Opinion or Order Filing 362 SEALED Memorandum Regarding Discovery Dispute With the Valley Pain Entities by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(SLQ)
March 16, 2021 Opinion or Order Filing 361 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation (Doc. #357 ), Aetna's Memorandum regarding Discovery Dispute with the Valley Pain Entities (Doc. #359 ) shall be filed under seal. Signed by Judge Douglas L Rayes on 3/15/21. (SLQ)
March 12, 2021 Opinion or Order Filing 363 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 3/12/2021. Upon discussion and oral argument, the Court entered the following rulings on the discovery dispute issues: 1) The depositions of Jeffrey Lynn and Roger Walker will go forward and are to be completed by 3/26/2021. 2) The operating agreements are found to be relevant and are to be produced by 3/19/2021. 3) The parties will be allowed to continue discussions on rental agreements for possible resolution. The Court will allow additional oral argument at a later date, if needed. 4) The request for on-site inspections is denied. The counter-defendants are instead ordered to produce any and all brochures, blue prints, design sketches, photographs, schematics, videos, and any other materials in their possession or available to them that depicts the facility or that is relevant to create a rendering of the facility, for the period of 2015 through 2019. APPEARANCES: Telephonic appearance by Vinay Kohli and Daron Tooch for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Jeffrey Gleason and Dan Lyons for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Devin Sreecharana and Kathleen Shaffer for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Telephonic appearance by Robert Itri and Lauren Crawford for Counter Defendant AZ Pain Solutions LLC. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Brad Shelts and Jennifer Carstens for Pain Treatment Center of Tempe PLLC and Valley Pain Intervention Center LLC. Telephonic appearance by Phil Giles for Counter Defendant Phoenix Pain Treatment Centers PLLC. Telephonic appearance by Brendan Murphy for Counter Defendants Metro OTC LLC, North Phoenix OTC LLC, and Uptown Facility LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. (Court Reporter Jennifer Pancratz.) Hearing held 11:06 am to 12:05 pm. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
March 11, 2021 Opinion or Order Filing 360 MEMORANDUM Regarding Discovery Dispute by Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
March 11, 2021 Opinion or Order Filing 359 *FILED at #362 * SEALED LODGED Proposed Sealed Motion to Compel and Exhibits 1 and 2 re: #357 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kurtz, Jamie) Modified on 3/16/2021 (SLQ).
March 11, 2021 Opinion or Order Filing 358 *MEMORANDUM Regarding Discovery Dispute with the Valley Pain Entities by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Text of Proposed Order)(Kurtz, Jamie) *Modified to correct event and text on 3/11/2021 (REK).
March 11, 2021 Opinion or Order Filing 357 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
March 10, 2021 Opinion or Order Filing 356 NOTICE of Service of Discovery filed by American Surgical Development LLC. (Tooch, Daron)
March 10, 2021 Opinion or Order Filing 355 REPLY to Response to Motion re: #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims Reply in Support of Motion To Dismiss Aetnas Second Amended Counterclaims Submitted By Arrowhead Outpatient Treatment Center, LLC, Lakeshore Interventional Treatment Center, LLC, Mesa Outpatient Treatment Center, LLC, Tempe Interventional Treatment Center, LLC, Tempe Outpatient Treatment Center, LLC, and West Valley OTC, LLC filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
March 9, 2021 Opinion or Order Filing 354 REPLY to Response to Motion re: #279 MOTION to Dismiss for Failure to State a Claim AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS filed by AZ Pain Solutions LLC. (Itri, Robert)
March 9, 2021 Opinion or Order Filing 353 NOTICE of Appearance by Jessica Ivy Brown on behalf of Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Brown, Jessica)
March 8, 2021 Opinion or Order Filing 352 ORDER: IT IS ORDERED that, pursuant to the parties' #341 Stipulation to Extend Deadline to file Reply in Support of Motion to Dismiss Aetna's Second Amended Counterclaims, the deadline for Counter-defendants Arrowhead Outpatient Treatment Center, LLC; Lakeshore Interventional Treatment Center, LLC; Mesa Outpatient Treatment Center, LLC; Tempe Interventional Treatment Center, LLC; Tempe Outpatient Treatment Center, LLC; and West Valley OTC, LLC to reply in support of their #274 Motion to Dismiss Aetna's Second Amended Counterclaims is extended to and including 3/9/2021. Ordered by Judge Douglas L Rayes on 3/8/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 5, 2021 Opinion or Order Filing 351 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
March 5, 2021 Opinion or Order Filing 350 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
March 5, 2021 Opinion or Order Filing 349 REPLY to Response to Motion re: #284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims filed by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Shaffer, Kathleen)
March 5, 2021 Opinion or Order Filing 348 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
March 5, 2021 Opinion or Order Filing 347 REPLY to Response to Motion re: #271 MOTION to Dismiss for Failure to State a Claim re Counterclaimants' First Amended Counterclaim filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
March 5, 2021 Opinion or Order Filing 346 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
March 5, 2021 Opinion or Order Filing 345 ORDER: IT IS ORDERED that, pursuant to the parties' #339 Stipulation for Extension of Time for Counterdefendant AZ Pain Solutions, LLC to File its Reply in Support of its Motion to Dismiss Aetna's Second Amended Counterclaim, the deadline for AZ Pain Solutions, LLC to fila a reply in support of their #279 Motion to Dismiss is extended to and including 3/9/2021. Ordered by Judge Douglas L Rayes on 3/5/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 5, 2021 Opinion or Order Filing 344 REPLY to Response to Motion re: #269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
March 5, 2021 Opinion or Order Filing 343 NOTICE of Service of Discovery filed by Pain Treatment Center of Tempe PLLC. (Shelts, Bradley)
March 5, 2021 Opinion or Order Filing 342 NOTICE of Service of Discovery filed by Valley Pain Intervention Center LLC. (Shelts, Bradley)
March 5, 2021 Opinion or Order Filing 341 STIPULATION re: #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims , #311 Response in Opposition to Motion Stipulation to Extend Deadline to File Reply in Support of Motion to Dismiss Aetnas Second Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order)(Niedzialek, Justin)
March 4, 2021 Opinion or Order Filing 340 NOTICE of Service of Discovery filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
March 4, 2021 Opinion or Order Filing 339 STIPULATION re: #279 MOTION to Dismiss for Failure to State a Claim AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS, #309 Response in Opposition to Motion STIPULATION FOR EXTENSION OF TIME FOR COUNTERDEFENDANT AZ PAIN SOLUTIONS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO DISMISS AETNA'S SECOND AMENDED COUNTERCLAIM [FIRST REQUEST] by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
March 2, 2021 Opinion or Order Filing 338 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
March 1, 2021 Opinion or Order Filing 337 MINUTE ORDER: Telephonic Discovery Hearing re: witness deposition and production of documents set for 3/12/2021 at 11:00 AM before Judge Douglas L Rayes. The parties may submit a statement of the issues, no more than 3 pages, at least 24 hours prior to the hearing. The parties will be provided with call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 1, 2021 Opinion or Order Filing 336 NOTICE of Service of Discovery filed by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
February 26, 2021 Opinion or Order Filing 335 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
February 26, 2021 Opinion or Order Filing 334 REPLY to Response to Motion re: #305 MOTION Leave to File a Sur-reply re: #288 Reply to Response to Motion for Partial Summary Judgment filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 25, 2021 Opinion or Order Filing 333 ORDER: IT IS ORDERED denying #332 Plaintiffs' Motion to Strike Aetna's Unauthorized Sur-reply. This is a needless and uncommonly silly motion. Aetna did not file an unauthorized sur-reply. Aetna previously moved for leave to file a sur-reply by no later than 2/22/2021. On that date, Aetna lodged a proposed sur-reply (Doc. #330 ) in the event the Court grants its motion for leave, which is not yet fully briefed (the optional reply is due tomorrow). If the Court grants Aetna's motion for leave, then it will direct the Clerk to file the proposed sur-reply Aetna has lodged. If the Court denies Aetna's motion for leave, then the lodged proposed sur-reply will not be filed. In the meantime, there is no basis whatsoever for striking a lodged proposed document. Ordered by Judge Douglas L Rayes on 2/25/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
February 25, 2021 Opinion or Order Filing 332 MOTION to Strike #330 Lodged Proposed Document Aetna's Unauthorized Sur-Reply by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Affidavit of Vinay Kohli, #2 Text of Proposed Order)(Kohli, Vinay)
February 23, 2021 Opinion or Order Filing 331 ORDER: IT IS ORDERED that, pursuant to the parties' #329 Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC, and Valley Pain Centers of Arizona, LLC to file Reply in Support of Motion to Dismiss, the deadline for Valley Pain to file its reply in support of its #284 Motion to Dismiss is extended to and including 3/5/2021. Ordered by Judge Douglas L Rayes on 2/23/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
February 22, 2021 Opinion or Order Filing 330 LODGED Proposed Aetna's Sur-Reply in Opposition to Plaintiffs' Motion for Partial Summary Judgment on Affirmative ERISA Claims re: #305 MOTION Leave to File a Sur-reply re: #288 Reply to Response to Motion for Partial Summary Judgment. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Affidavit of Nathaniel J. Moore, #2 Exhibit 1, #3 Exhibit 2)(Kurtz, Jamie)
February 22, 2021 Opinion or Order Filing 329 STIPULATION re: #284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims Stipulation to Extend Deadline for Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC to File Reply in Support of Motion to Dismiss by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin)
February 19, 2021 Opinion or Order Filing 328 RESPONSE in Opposition re: #305 MOTION Leave to File a Sur-reply re: #288 Reply to Response to Motion for Partial Summary Judgment filed by Advanced Reimbursement Solutions LLC, Unknown Parties. (Tooch, Daron)
February 18, 2021 Opinion or Order Filing 327 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
February 17, 2021 Opinion or Order Filing 326 RESPONSE in Opposition re: #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 17, 2021 Opinion or Order Filing 325 NOTICE of Errata re: #311 Response in Opposition to Motion by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company.. (Kurtz, Jamie)
February 17, 2021 Opinion or Order Filing 324 SEALED RESPONSE to Motion re: #284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 17, 2021 Opinion or Order Filing 323 SEALED RESPONSE to Motion re: #269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 17, 2021 Opinion or Order Filing 322 SEALED RESPONSE to Motion re: #271 MOTION to Dismiss for Failure to State a Claim re Counterclaimants' First Amended Counterclaim by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 17, 2021 Opinion or Order Filing 321 SEALED RESPONSE to Motion re: #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 17, 2021 Opinion or Order Filing 320 SEALED RESPONSE to Motion re: #283 SEALED MOTION to Dismiss for Failure to State a Claim by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 17, 2021 Opinion or Order Filing 319 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation #308 , portions of Aetna's oppositions to the following motions to dismiss that refer to information designated as "Outside Attorneys' Eyes Only" shall be filed under seal: Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Motion to Dismiss Defendants' Second Amended Counterclaims (Doc. #269 ), lodged on the Court's docket at Doc. #316 . Counterdefendants Facility Group, LLC's, Metro OTC, LLC's, North Phoenix OTC, LLC's, Facility Group, LLC's, and Uptown Facility, LLC's Motion to Dismiss Courtnerclaimants' First [sic] Amended Counterclaim (Doc. #271 ), lodged on the Court's docket at Doc. #314 . Motion to Dismiss Aetna's Second Amended Counterclaims Submitted by Arrowhead Outpatient Treatment Center, LLC, Lakeshore Interventional Treatment Center, LLC, Mesa Outpatient Treatment Center, LLC, Tempe Interventional Treatment Center, LLC, Tempe Outpatient Treatment Center, LLC, and West Valley OTC, LLC (Doc. #274 ), lodged on the Court's docket at Doc. #312 . AZ Pain Solutions, LLC's Motion to Dismiss Defendants' Second Amended Counterclaims (Doc. #279 ), lodged on the Court's docket at Doc. #310 . Counterdefendants Valley Pain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC's Motion to dismiss Aetna's Second Amended Counterclaims (Doc. #284 ), lodged on the Court's docket at Doc. #318 . Signed by Judge Douglas L Rayes on 2/17/21. (SLQ)
February 16, 2021 Opinion or Order Filing 318 *FILED at #324 * SEALED LODGED Proposed Opposition to ValleyPain Centers LLC, Valley Pain Centers of Peoria, LLC and Valley Pain Centers of Arizona, LLC's Motion to Dismiss Aetna's Second Amended Counterclaims re: #308 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/17/2021 (SLQ).
February 16, 2021 Opinion or Order Filing 317 RESPONSE in Opposition re: #284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 16, 2021 Opinion or Order Filing 316 *FILED at #323 * SEALED LODGED Proposed Opposition to Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's Motion to Dismiss Aetna's Second Amended Counterclaims re: #308 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/17/2021 (SLQ).
February 16, 2021 Opinion or Order Filing 315 RESPONSE in Opposition re: #269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 16, 2021 Opinion or Order Filing 314 *FILED at #322 * SEALED LODGED Proposed Opposition to Counterdefendants Metro OTC, LLC's, North Phoenix OTC, LLC's, and Uptown Facility, LLC's Motion to Dismiss Aetna's Second Amended Counterclaims re: #308 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/17/2021 (SLQ).
February 16, 2021 Opinion or Order Filing 313 RESPONSE in Opposition re: #271 MOTION to Dismiss for Failure to State a Claim re Counterclaimants' First Amended Counterclaim [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 16, 2021 Opinion or Order Filing 312 *FILED at #321 * SEALED LODGED Proposed Opposition to Motion to Dismiss Aetna's Second Amended Counterclaims by Arrowhead Outpatient Treatment Center, LLC, Lakeshore Interventional Treatment Center, LLC, Mesa Outpatient Treatment Center, LLC, Tempe Interventional Treatment Center, LLC, Tempe Outpatient Treatment Center, LLC and West Valley OTC, LLC re: #308 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/17/2021 (SLQ).
February 16, 2021 Opinion or Order Filing 311 RESPONSE in Opposition re: #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 16, 2021 Opinion or Order Filing 310 *FILED at #320 * SEALED LODGED Proposed Sealed Opposition to AZ Pain Solutions, LLC's Motion to Dismiss Aetna's Second Amended Counterclaims re: #308 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/17/2021 (SLQ).
February 16, 2021 Opinion or Order Filing 309 RESPONSE in Opposition re: #279 MOTION to Dismiss for Failure to State a Claim AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS [Redacted] filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie)
February 16, 2021 Opinion or Order Filing 308 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
February 12, 2021 Opinion or Order Filing 307 *REPLY Brief re: #262 MOTION to Dismiss Counts/Claims: Aetna's Second Amended Counterclaim re Request for Judicial Notice filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Kohli, Vinay) *Modified text on 2/16/2021 (REK).
February 12, 2021 Opinion or Order Filing 306 REPLY to Response to Motion re: #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Affidavit of Vinay Kohli)(Kohli, Vinay)
February 11, 2021 Opinion or Order Filing 305 MOTION Leave to File a Sur-reply re: #288 Reply to Response to Motion for Partial Summary Judgment by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
February 9, 2021 Opinion or Order Filing 304 RESPONSE re: #272 Joinder In Motion to Dismiss Second Amended Counterclaim by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
February 3, 2021 Opinion or Order Filing 303 ORDER: IT IS ORDERED, pursuant to the parties' #299 Stipulation to Extend Deadline for Aetna to Respond to Counterdefendants' Motions to Dismiss the Second Amended Counterclaim, the deadline for Aetna to respond to Counterdefendants' Motions to Dismiss (Docs. #269 #271 #274 #279 ) is extended to and including 2/16/2021. The deadline for Counterdefendants Arizona Pain Ventures LLC, Desert Ridge Facility LLC, Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC, Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC, and AZ Pain Solutions, LLC to reply in support of their motions to dismiss is extended to and including 3/5/2021. Ordered by Judge Douglas L Rayes on 2/3/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
February 3, 2021 Opinion or Order Filing 302 RESPONSE re: #273 Joinder in Motions to Dismiss Aetna's Second Amended Counterclaim by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
February 3, 2021 Opinion or Order Filing 301 SEALED RESPONSE to Motion re: #284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (SLQ)
February 3, 2021 Opinion or Order Filing 300 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation #296 , portions of Aetna's Opposition to Advanced Reimbursement Solutions, LLC's and Advanced Surgical Development, LLC's Motion to Dismiss Aetna's Second Amended Counterclaim that refer to information designated as "Outside Attorneys' Eyes Only", lodged on the Court's docket at Doc. #297 , shall be filed under seal. Signed by Judge Douglas L Rayes on 2/3/21. (SLQ)
February 2, 2021 Opinion or Order Filing 299 STIPULATION re: #271 MOTION to Dismiss for Failure to State a Claim re Counterclaimants' First Amended Counterclaim, #274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims , #279 MOTION to Dismiss for Failure to State a Claim AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS, #269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims Stipulation to extend deadline for Aetna to respond to Motions to Dismiss by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
January 29, 2021 Opinion or Order Filing 298 RESPONSE in Opposition re: #262 MOTION to Dismiss Counts/Claims: Aetna's Second Amended Counterclaim filed by Aetna Incorporated, Aetna Health Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
January 29, 2021 Opinion or Order Filing 297 *FILED at #301 * SEALED LODGED Proposed Aetna's Opposition to Advanced Reimbursement Solutions LLC's and American Surgical Development, LLC's Motion to Dismiss Aetna's Second Amended Counterclaim re: #296 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Kurtz, Jamie) Modified on 2/3/2021 (SLQ).
January 29, 2021 Opinion or Order Filing 296 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
January 29, 2021 Opinion or Order Filing 295 *RESPONSE (Opposition) to Request for Judicial Notice re: #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim Opposition to ARS and ASD's Request for Judicial Notice filed by Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie) *Modified to correct event, text, and filers on 2/1/2021 (REK).
January 28, 2021 Opinion or Order Filing 294 ORDER pursuant to #293 Stipulation. Page limits on the parties' briefs as to Advanced Reimbursement Solutions and American Surgical Development LLC's Motion to Dismiss (Doc. #262 ) shall be enlarged as follows: 1. Aetna may have up to 21 pages for its opposition; and 2. Plaintiffs may have up to 15 pages for their reply brief. Signed by Judge Douglas L Rayes on 1/28/2021. (RMV)
January 26, 2021 Opinion or Order Filing 293 STIPULATION re: #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
January 26, 2021 Opinion or Order Filing 292 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
January 22, 2021 Opinion or Order Filing 291 SEALED Declaration and Exhibit re: #288 REPLY to Response to Motion re: #204 MOTION for Partial Summary Judgment by Advanced Reimbursement Solutions LLC. (SLQ)
January 22, 2021 Opinion or Order Filing 290 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation #287 , documents designated as "Highly Confidential" attached to Plaintiff's Reply in Support of its Motion for Partial Summary Judgment, lodged on the Court's docket at Doc. #289 , shall be filed under seal. Signed by Judge Douglas L Rayes on 1/22/21. (SLQ)
January 21, 2021 Opinion or Order Filing 289 *FILED at #291 * SEALED LODGED Proposed Declaration and Exhibit Under Seal re: #287 Joint MOTION to Seal Document Exhibit in Support of Reply. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Advanced Reimbursement Solutions LLC. (Tooch, Daron) Modified on 1/22/2021 (SLQ).
January 21, 2021 Opinion or Order Filing 288 REPLY to Response to Motion re: #204 MOTION for Partial Summary Judgment filed by Advanced Reimbursement Solutions LLC. (Attachments: #1 Affidavit of Dominic Nunneri)(Tooch, Daron)
January 21, 2021 Opinion or Order Filing 287 Joint MOTION to Seal Document Exhibit in Support of Reply by Advanced Reimbursement Solutions LLC. (Attachments: #1 Text of Proposed Order)(Tooch, Daron)
January 13, 2021 Opinion or Order Filing 286 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation #285 , documents designated as "Confidential" or "Highly Confidential" or parts of documents that recite information designated as "Confidential" or "Highly Confidential" attached to Aetna's Opposition to Plaintiffs' Motion for Partial Summary Judgment, lodged on the Court's docket at Docs. #252 and #254 , shall be filed under seal. Signed by Judge Douglas L Rayes on 1/13/21. (SLQ)
January 13, 2021 Opinion or Order Filing 254 *SEALED Exhibits 1-18 to the Declaration of Nate Moore re: #250 . Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life 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, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Kurtz, Jamie) *Modified to initially indicate not filed on 12/28/2020 (SLQ). *Modified to change from lodged to filed per order #286 ; NEF regenerated on 1/13/2021 (SLQ)(CEI).
January 13, 2021 Opinion or Order Filing 252 *SEALED Appendixes A-D to Aetna's Opposition #246 to Plaintiffs' Motion for Partial Summary Judgment #204 . Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Appendix B, #2 Appendix C, #3 Appendix D)(Kurtz, Jamie) *Modified to indicate initially not filed on 12/28/2020 (SLQ). *Modified to change from lodged to filed per order #286 ; NEF regenerated on 1/13/2021 (SLQ)(CEI).
January 12, 2021 Opinion or Order Filing 285 *AMENDED STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie) *Modified to indicate amended on 1/13/2021 (CEI).
January 11, 2021 Opinion or Order Filing 284 MOTION to Dismiss Counts/Claims Aetna's Second Amended Counterclaims by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Shaffer, Kathleen)
January 8, 2021 Opinion or Order Filing 283 SEALED MOTION to Dismiss for Failure to State a Claim Defendants' Second Amended Counterclaims by AZ Pain Solutions LLC. (Attachments: #1 Exhibit)(SLQ)
January 8, 2021 Opinion or Order Filing 282 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation (Doc. #277 ), documents designated as "Protected Health Information" and "Outside Attorneys' Eyes Only Information" attached to AZ Pain's Motion to Dismiss Aetna's Second Amended Counterclaims and the portions of AZ Pain's Motion to Dismiss that include references to and summaries of documents Aetna produced marked as "Outside Attorneys' Eyes Only Information", lodged on the Court docket at Doc. #278 , shall be filed under seal. (See document for complete details). Signed by Judge Douglas L Rayes on 1/8/21. (SLQ)
January 8, 2021 Opinion or Order Filing 281 TRANSCRIPT REQUEST by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company for proceedings held on December 4, 2020, Judge Douglas L Rayes hearing judge(s). (Kurtz, Jamie)
January 8, 2021 Opinion or Order Filing 280 TRANSCRIPT REQUEST by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company for proceedings held on June 26, 2020, Judge Douglas L Rayes hearing judge(s). (Kurtz, Jamie)
January 6, 2021 Opinion or Order Filing 279 MOTION to Dismiss for Failure to State a Claim AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS by AZ Pain Solutions LLC. (Attachments: #1 Exhibit Exhibit 1)(Itri, Robert)
January 6, 2021 Opinion or Order Filing 278 *FILED at #283 * SEALED LODGED Proposed AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' SECOND AMENDED COUNTERCLAIMS re: #277 MOTION to Seal Document STIPULATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO HIPAA QUALIFIED AND GENERAL PROTECTIVE ORDER [DKT. 133]. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by AZ Pain Solutions LLC. (Attachments: #1 Exhibit Exhibit 1)(Itri, Robert) Modified on 1/8/2021 (SLQ).
January 6, 2021 Opinion or Order Filing 277 MOTION to Seal Document STIPULATION TO FILE DOCUMENTS UNDER SEAL PURSUANT TO HIPAA QUALIFIED AND GENERAL PROTECTIVE ORDER [DKT. 133] by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
January 5, 2021 Opinion or Order Filing 276 ORDER pursuant to #270 Stipulation: The deadline for Counter-Defendant APS to file a motion to dismiss Aetna's Second Amended Counterclaim (Doc. #226 ) shall be extended to on or before January 6, 2021. Aetna's Response shall be due on or before February 5, 2021. Signed by Judge Douglas L Rayes on 1/5/2021. (RMV)
January 5, 2021 Opinion or Order Filing 275 ORDER granting #268 Joint Motion to Extend Deadlines Re: Aetna's Second Amended Counterclaims. The deadline for Valley Pain to answer or otherwise respond to Aetna's Second Amended Counterclaims (Doc. #226 ) is extended to January 11, 2021. FURTHER ORDERED that the deadline for Aetna to respond to any Rule 12 motion filed by Valley Pain is extended to February 16, 2021. Signed by Judge Douglas L Rayes on 1/4/2021. (RMV)
January 4, 2021 Opinion or Order Filing 274 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
January 4, 2021 Opinion or Order Filing 273 Joinder re: #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim , #269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims by Counter Defendant Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
January 4, 2021 Opinion or Order Filing 272 Joinder re: #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim CD Pain Treatment Center of Tempe PLLC and Valley Pain Intervention Center LLC Joinder in Motion to Dismiss Second Amended Counterclaim by Counter Defendants Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Shelts, Bradley)
January 4, 2021 Opinion or Order Filing 271 MOTION to Dismiss for Failure to State a Claim re Counterclaimants' First Amended Counterclaim by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
January 4, 2021 Opinion or Order Filing 270 STIPULATION re: #226 Amended Counterclaim STIPULATION FOR EXTENSION OF TIME FOR COUNTERDEFENDANT AZ PAIN SOLUTIONS, LLC TO FILE ITS MOTION TO DISMISS AETNA'S SECOND AMENDED COUNTERCLAIM [SECOND REQUEST] by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
January 4, 2021 Opinion or Order Filing 269 MOTION to Dismiss Counts/Claims : Defendants' Second Amended Counterclaims by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
January 4, 2021 Opinion or Order Filing 268 *MOTION for Extension of Time re: #226 Amended Counterclaim by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin) *Modified to correct event on 1/5/2021 (RMV).
December 30, 2020 Opinion or Order Filing 267 ORDER - IT IS ORDERED that the parties' stipulation (Doc. #261 ) is DENIED without prejudice to renewing the request in a manner that complies with the standards governing such relief. (See document for complete details). Signed by Judge Douglas L Rayes on 12/30/20. (SLQ)
December 28, 2020 Opinion or Order Filing 266 ORDER - IT IS ORDERED that the Stipulation to File Documents Under Seal Pursuant to HIPPA Qualified and General Protective Order (Doc. #238 ) is DENIED without prejudice. (See document for complete details). Signed by Judge Douglas L Rayes on 12/23/20. (SLQ)
December 28, 2020 Opinion or Order Filing 265 ORDER pursuant to #245 Stipulation: The deadline for the OTCs to file their Motion to Dismiss the Second Amended Counterclaims (Doc. #226 ) is extended to January 4, 2021. Aetna's Response to the Motion to Dismiss Second Amended Counterclaims is due on or before February 9, 2021. The OTCs shall file a Reply in Support of their Motion to Dismiss on or before February 23, 2021. Signed by Judge Douglas L Rayes on 12/24/2020. (RMV)
December 28, 2020 Opinion or Order Filing 264 ORDER granting #244 Stipulation: The deadline for Counter-defendants Arizona Pain Ventures, LLC and Desert Ridge Facility, LLC's to file their Motion to Dismiss the Second Amended Counterclaims (Doc. #226 ) is extended to Monday, January 4, 2021, and Aetna's Response to the Motion to Dismiss Second Amended Counterclaims is due on or before Tuesday, February 9, 2021. Signed by Judge Douglas L Rayes on 12/24/2020. (RMV)
December 24, 2020 Opinion or Order Filing 263 *NOT FILED per #267 * SEALED LODGED Proposed Motion, Declaration, Request for Judicial Notice re: #261 Joint MOTION to Seal Document Certain Documents Attached to Motion to Dismiss Second Amended Counterclaim, #262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Affidavit of Vinay Kohli, #2 Supplement Request for Judicial Notice)(Kohli, Vinay) Modified on 12/30/2020 (SLQ).
December 24, 2020 Opinion or Order Filing 262 MOTION to Dismiss Counts/Claims : Aetna's Second Amended Counterclaim by Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Supplement Memorandum, #2 Affidavit of Vinay Kohli, #3 Supplement Request for Judicial Notice, #4 Text of Proposed Order)(Kohli, Vinay)
December 24, 2020 Opinion or Order Filing 261 Joint MOTION to Seal Document Certain Documents Attached to Motion to Dismiss Second Amended Counterclaim by Advanced Reimbursement Solutions LLC, American Surgical Development LLC. (Attachments: #1 Text of Proposed Order)(Kohli, Vinay)
December 23, 2020 Opinion or Order Filing 260 ORDER pursuant to #242 Stipulation: The deadline for the Counter-Defendants to file their Motion to Dismiss Aetna's Second Amended Counterclaim (Doc. #226 ) is extended through and including January 4, 2021. Aetna's response to the motion shall be due on or by February 9, 2021. Signed by Judge Douglas L Rayes on 12/23/2020. (RMV)
December 23, 2020 Opinion or Order Filing 259 ORDER pursuant to #239 Stipulation: The deadline for PPTC to file a responsive pleading to Aetna's Second Amended Counterclaims (Doc. #226 ) is extended January 4, 2021. Aetna's response, if applicable, to PPTC's filing is due on or by February 3, 2021. Signed by Judge Douglas L Rayes on 12/23/2020. (RMV)
December 23, 2020 Opinion or Order Filing 258 ORDER pursuant to #241 Stipulation. The briefing schedule for Counterdefendants' Motion to Dismiss Counterclaimants' Second Amended Counterclaim (Doc. #226 ) is extended as follows: Counterdefendants Metro OTC, LLC, North Phoenix OTC, LLC and Uptown Facility, LLC's Motion to Dismiss shall be filed on or before January 4, 2021; Counterclaimants The Aetna Life Insurance Company and Aetna Inc.'s Response shall be filed on or before February 9, 2021; and Counterdefendants Metro OTC, LLC, North Phoenix OTC, LLC and Uptown Facility, LLC's Reply shall be filed on or before February 23, 2021. Signed by Judge Douglas L Rayes on 12/23/2020. (RMV)
December 23, 2020 Opinion or Order Filing 257 ORDER granting #237 Motion for Extension of Time. The deadline for Valley Pain to answer or otherwise respond to Aetna's Second Amended Counterclaims (Doc. #226 ) is extended to January 4, 2021. FURTHER ORDERED that the deadline for Aetna to respond to any Rule 12 motion filed by Valley Pain is extended to February 9, 2021. Signed by Judge Douglas L Rayes on 12/23/2020. (RMV)
December 23, 2020 Opinion or Order Filing 256 ORDER pursuant to #236 Stipulation: The deadline for Counter-Defendant APS to file a motion to dismiss Aetna's Second Amended Counterclaim (Doc. #226 ) shall be extended to on or before January 4, 2021. Aetna's Response shall be due on or before February 3, 2021. Signed by Judge Douglas L Rayes on 12/23/2020. (RMV)
December 23, 2020 Opinion or Order Filing 253 TRANSCRIPT REQUEST by Advanced Reimbursement Solutions LLC for proceedings held on December 4, 2020, Judge Douglas L Rayes hearing judge(s). (Tassa, David)
December 23, 2020 Opinion or Order Filing 251 NOTICE re: Non-Electronic Filing by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company re: #246 Response to Motion for Partial Summary Judgment . (Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 250 DECLARATION of Nathaniel Moore re: #246 Response to Motion for Partial Summary Judgment by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3 (Redacted), #4 Exhibit 4 (Redacted), #5 Exhibit 5 (Redacted), #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted), #8 Exhibit 8 (Redacted), #9 Exhibit 9 (Redacted), #10 Exhibit 10 (Redacted), #11 Exhibit 11 (Redacted), #12 Exhibit 12 (Redacted), #13 Exhibit 13 (Redacted), #14 Exhibit 14 (Redacted), #15 Exhibit 15 (Redacted), #16 Exhibit 16 (Redacted), #17 Exhibit 17 (Redacted), #18 Exhibit 18 (Redacted))(Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 249 DECLARATION of Kim Lajoie re: #246 Response to Motion for Partial Summary Judgment by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Exhibit 1)(Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 248 DECLARATION of Elizabeth Petrozelli re: #246 Response to Motion for Partial Summary Judgment by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 247 STATEMENT OF FACTS re: #246 Response to Motion for Partial Summary Judgment Aetna's Controverting and Additional Statement of Facts by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 246 RESPONSE to Motion re: #204 MOTION for Partial Summary Judgment Aetna's Opposition to Plaintiffs' Motion for Partial Summary Judgment on Affirmative ERISA Claims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Appendix A (Redacted), #2 Appendix B (Redacted), #3 Appendix C (Redacted), #4 Appendix D (Redacted))(Kurtz, Jamie)
December 23, 2020 Opinion or Order Filing 245 STIPULATION re: #226 Amended Counterclaim Stipulation to Extend Briefing Deadlines Related to Motion to Dismiss Counterclaimants Second Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order)(Niedzialek, Justin)
December 23, 2020 Opinion or Order Filing 244 MOTION for Extension of Time to File Motion to Dismiss Aetna's Second Amended Counterclaims by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Attachments: #1 Text of Proposed Order)(Goldfine, Dan) Modified to term motion pursuant to Order #264 on 12/28/2020 (RMV).
December 22, 2020 Opinion or Order Filing 255 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC DISCOVERY HEARING proceedings held on 06/26/2020, before Judge DOUGLAS L. RAYES. [Court Reporter: Elva Cruz-Lauer, RMR, CRR, Telephone number (602) 322-7261]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/12/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/22/2021. (RAP)
December 22, 2020 Opinion or Order Filing 242 *STIPULATION for Extension of Time to File Motion to Dismiss Aetna's Second Amended Counterclaim by Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Attachments: #1 Text of Proposed Order proposed order for extension of time)(Shelts, Bradley) *Modified to correct event and text on 12/23/2020 (REK). Modified to term motion pursuant to Order #260 on 12/28/2020 (RMV).
December 22, 2020 Opinion or Order Filing 241 STIPULATION re: #226 Amended Counterclaim by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Attachments: #1 Text of Proposed Order)(Murphy, Brendan)
December 22, 2020 Opinion or Order Filing 240 Additional Attachments to Main Document re: #239 Stipulation (Proposed Order) by Counter Defendant Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
December 22, 2020 Opinion or Order Filing 239 STIPULATION re: #226 Amended Counterclaim /Stipulation to Extend Deadline to Respond to Defendant/Counterclaimant's Second Amended Counterclaims by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
December 22, 2020 Opinion or Order Filing 238 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
December 22, 2020 Opinion or Order Filing 237 Joint MOTION for Extension of Time Re: Aetna's Second Amended Counterclaims by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin)
December 22, 2020 Opinion or Order Filing 236 STIPULATION re: #226 Amended Counterclaim STIPULATION FOR EXTENSION OF TIME FOR COUNTERDEFENDANT AZ PAIN SOLUTIONS, LLC TO FILE ITS MOTION TO DISMISS AETNA'S SECOND AMENDED COUNTERCLAIM by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
December 21, 2020 Opinion or Order Filing 243 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC STATUS CONFERENCE/DISCOVERY HEARING proceedings held on 12/04/2020, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2021. Redacted Transcript Deadline set for 1/21/2021. Release of Transcript Restriction set for 3/22/2021. (RAP)
December 15, 2020 Opinion or Order Filing 235 ORDER granting #233 Motion to Withdraw as Attorney. Attorney Keith Beauchamp and Shelley Tolman are relieved of any further responsibilities in connection with this action. Robins Kaplan shall continue as counsel of record for Defendants/Counterclaimants. Signed by Judge Douglas L Rayes on 12/15/2020. (RMV)
December 15, 2020 Opinion or Order Filing 234 ORDER pursuant to #231 Stipulation. The parties shall be permitted to exceed the page limitations on their briefs as follows: 1. Aetna may have up to 30 pages for its opposition brief, exclusive of attachments and statements of fact; and 2. Plaintiffs may have up to 30 pages for their reply brief. Signed by Judge Douglas L Rayes on 12/15/2020. (RMV)
December 11, 2020 Opinion or Order Filing 233 EX PARTE MOTION to Withdraw as Attorney by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
December 11, 2020 Opinion or Order Filing 232 ORDER pursuant to #227 Stipulation, the briefing schedule as to Plaintiffs' affirmative ERISA claim is amended as follows: 1. Aetna's response to Plaintiffs' opening brief shall be due by no later than December 23, 2020; 2. Plaintiffs' reply brief shall be due by no later than January 21 2021; and 3. The deadline for the Parties to hold settlement talks on Plaintiffs' ERISA claims is extended to January 29, 2021. Signed by Judge Douglas L Rayes on 12/10/2020. (RMV)
December 11, 2020 Opinion or Order Filing 231 STIPULATION re: #204 MOTION for Partial Summary Judgment Stipulation Regarding Page Limits for Opposition and Reply Brief on Motion for Partial Summary Judgment by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Kurtz, Jamie)
December 11, 2020 Opinion or Order Filing 230 Summons Issued as to American Surgical Development LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
December 10, 2020 Opinion or Order Filing 229 SUMMONS Submitted by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
December 8, 2020 Opinion or Order Filing 228 TRANSCRIPT REQUEST (3rd PARTY) by Collin DeWitt of Brentwood Law Group, PLLC for proceedings held on 05/18/2020, 06/26/2020, and 12/04/2020, Judge Douglas L Rayes hearing judge(s). (RAP)
December 8, 2020 Opinion or Order Filing 227 STIPULATION re: #186 Order on Stipulation as to ERISA Briefing by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
December 8, 2020 Opinion or Order Filing 226 Second AMENDED COUNTERCLAIM REDACTED against Advanced Reimbursement Solutions LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Doctors Outpatient Surgery Center LLC, Gilbert Facility Group LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Metro OTC LLC, North Phoenix OTC LLC, North Valley Pain Center PLLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Uptown Facility LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Intervention Center LLC, West Valley OTC LLC filed by Aetna Incorporated, Aetna Life Insurance Company.(Beauchamp, Keith)
December 4, 2020 Opinion or Order Filing 225 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Status Conference and Discovery Hearing held on 12/4/2020. Upon discussion and oral argument, IT IS ORDERED that the parties' stipulation and motion regarding Aetna's Second Amended Counterclaims (Docs. #200 and #202 ) are GRANTED. IT IS FURTHER ORDERED granting the parties' oral stipulation to withdraw the pending motions to dismiss (Docs. #62 , #63 , #64 , #127 , and #140 ). IT IS FURTHER ORDERED that the Counter Defendants may re-file their motions to dismiss on or before December 24, 2020. Aetna's response(s) to the motions to dismiss will be due on or before January 29, 2021, and the Counter Defendants' replies will be due on or before February 13, 2021. LATER: IT IS FURTHER ORDERED directing the Clerk of Court to file under seal Aetna's Second Amended Counterclaims (lodged at Doc. #203 ). IT IS FURTHER ORDERED that Aetna publicly file an appropriately redacted version of their Second Amended Counterclaims on or before December 8, 2020. See attached document for complete details. APPEARANCES: Telephonic appearance by Vinay Kohli and Daron Tooch for Plaintiff/Counter Defendant Advanced Reimbursement Solutions LLC. Telephonic appearance by Nate Moore, Jeffrey Gleason, Keith Beauchamp, and Eric Boettcher for Defendant/Counter Claimant Aetna Life Insurance Company. Telephonic appearance by Bob Itri and Lauren Crawford for Counter Defendant AZ Pain Solutions LLC. Telephonic appearance by Brendan Murphy for Counter Defendant Uptown Facility LLC. Telephonic appearance by Phil Giles for Counter Defendant Phoenix Pain Treatment Centers PLLC. Telephonic appearance by Jessica Brown for Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Justin Niedzialek for Counter Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. Telephonic appearance by Brendan Murphy for Counter Defendants Metro OTC LLC, North Phoenix OTC LLC, and Uptown Facility LLC. Telephonic appearance by Devin Sreecharana for Counter Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. (Court Reporter Jennifer Pancratz.) Hearing held 10:00 am to 10:35 am.(RMV)
December 4, 2020 Opinion or Order Filing 203 *SEALED Second Amended Counterclaim with Exhibits. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Second Amended Counterclaim - Clean, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Errata 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, #20 Exhibit 19)(Beauchamp, Keith) *Modified to change from lodged to filed per document #225 ; NEF regenerated on 12/7/2020 (SLQ)/(SCH).
December 3, 2020 Opinion or Order Filing 224 MEMORANDUM ARS's Memorandum re Aetna's RFP Nos. 7, 21 and 22 by Plaintiff Advanced Reimbursement Solutions LLC. (Attachments: #1 Exhibit 1 - Redacted, #2 Exhibit 2 - Redacted, #3 Exhibit 3 - Redacted)(Kohli, Vinay)
December 3, 2020 Opinion or Order Filing 223 MEMORANDUM Aetna's Memorandum Regarding Financial Records Discovery Dispute 222 Set/Reset Hearings by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Tolman, Shelley)
December 1, 2020 Opinion or Order Filing 222 MINUTE ORDER: Upon joint request of the parties, the Telephonic Status Conference and Discovery Hearing set for 12/3/2020 is vacated and reset. Telephonic Status Conference and Discovery Hearing reset for 12/4/2020 at 10:00 AM (Arizona time) before Judge Douglas L Rayes. The parties may each submit a single spaced 3 page memo regarding the issues by no later than 12:00 PM on 12/3/2020. Call-in information has been provided to the parties by separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
November 25, 2020 Opinion or Order Filing 221 ORDER setting a Telephonic Status Conference and Discovery Dispute Hearing for 12/3/2020 at 01:30 PM before Judge Douglas L Rayes. Call-in information will be provided via separate email. Ordered by Judge Douglas L Rayes on 11/25/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV)
November 16, 2020 Opinion or Order Filing 219 SEALED REPLY In Support of #202 MOTION for Leave to File Second Amended Counterclaim by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (MAP)
November 16, 2020 Opinion or Order Filing 218 ORDER granting #215 Stipulation. Aetna's Reply in Support of Aetna's Motion for Leave to File Second Amended Counterclaim (Doc. #216 ) that refers to information designated as "Outside Attorneys' Eyes Only" shall be filed under seal. Signed by Judge Douglas L Rayes on 11/16/20. (MAP)
November 13, 2020 Opinion or Order Filing 217 REPLY to Response to Motion re: #202 MOTION for Leave to File Second Amended Counterclaims (REDACTED) filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
November 13, 2020 Opinion or Order Filing 216 *FILED at Doc. #219 *SEALED LODGED Proposed Reply in Support of Aetnas Motion for Leave to File Second Amended Counterclaim re: #215 Stipulation. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith) *Modified on 11/16/2020 (MAP).
November 13, 2020 Opinion or Order Filing 215 STIPULATION to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
November 12, 2020 Opinion or Order Filing 214 NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Dan W Goldfine. (Goldfine, Dan)
November 9, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for William Scott Cameron on behalf of Plaintiff Advanced Reimbursement Solutions LLC, Counter Defendant Advanced Reimbursement Solutions LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 6, 2020 Opinion or Order Filing 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC RULE 16 SCHEDULING CONFERENCE proceedings held on 05/18/2020, before Judge DOUGLAS L. RAYES. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/4/2021. (RAP)
November 4, 2020 Opinion or Order Filing 212 ORDER - IT IS ORDERED that, pursuant to the parties' stipulation, the deadline for Counter Claimants Aetna Life Insurance Company and Aetna Inc. to file their reply memorandum in support of their Motion for Leave to File Second Amended Counterclaims (Doc. #202 ) is extended to on or before November 13, 2020. Signed by Judge Douglas L Rayes on 11/4/2020. (WLP)
November 2, 2020 Opinion or Order Filing 211 TRANSCRIPT REQUEST by Advanced Reimbursement Solutions LLC for proceedings held on May 18, 2020, Judge Douglas L Rayes hearing judge(s). (Kohli, Vinay)
November 2, 2020 Opinion or Order Filing 210 STIPULATION re: #202 MOTION for Leave to File by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
October 30, 2020 Opinion or Order Filing 209 RESPONSE in Opposition re: #202 MOTION for Leave to File Second Amended Counterclaim filed by Advanced Reimbursement Solutions LLC. (Attachments: #1 Affidavit Tassa Declaration in Support of Opposition to Aetnas Motion for Leave to File SACC)(Kohli, Vinay)
October 30, 2020 Opinion or Order Filing 208 TRANSCRIPT REQUEST by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company for proceedings held on 05/18/2020, Judge Douglas L Rayes hearing judge(s). (Gleason, Jeffrey)
October 22, 2020 Opinion or Order Filing 207 ORDER granting #201 Motion to Seal Documents Designated as "Confidential" or "Highly Confidential" attached to Plaintiff's Motion for Partial Summary Judgment. Signed by Judge Douglas L Rayes on 10/21/20. (MAP)
October 22, 2020 Opinion or Order Filing 206 *SEALED Declarations and Exhibit to #204 MOTION for Partial Summary Judgment . Filed by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit B Part 3, #5 Exhibit C Part 1, #6 Exhibit C Part 2, #7 Exhibit C Part 3, #8 Exhibit D-G, #9 Exhibit H Part 1, #10 Exhibit H Part 2, #11 Exhibit I-J, #12 Affidavit of David Tassa (under seal), #13 Exhibit A-E, #14 Exhibit F-I, #15 Exhibit J-M)(Tooch, Daron) *Modified to change from lodged to filed pursuant to doc. #207 ; NEF regenerated on 10/22/2020 (MAP)/(SCH).
October 16, 2020 Opinion or Order Filing 205 STATEMENT OF FACTS re: #204 MOTION for Partial Summary Judgment by Plaintiffs Advanced Reimbursement Solutions LLC, Unknown Parties. (Tooch, Daron)
October 16, 2020 Opinion or Order Filing 204 MOTION for Partial Summary Judgment by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Affidavit of Hugh Cohen, #2 Affidavit of Judith A. Holloway, #3 Affidavit of Dominic J. Nunneri (redacted), #4 of David J. Tassa (redacted), #5 Text of Proposed Order)(Tooch, Daron)
October 16, 2020 Opinion or Order Filing 202 *MOTION for Leave to File Second Amended Counterclaim re: #29 Amended Counterclaim filed by Aetna Health Incorporated, Aetna Life Insurance Company, Aetna Incorporated against Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company, Aetna Incorporated, Aetna Health Incorporated filed by Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company, Aetna Incorporated, Aetna Health Incorporated. Related document: #29 Amended Counterclaim filed by Aetna Health Incorporated, Aetna Life Insurance Company, Aetna Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 1-19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22, #7 Text of Proposed Order)(Beauchamp, Keith) *Modified to correct event on 10/19/2020 (WLP).
October 16, 2020 Opinion or Order Filing 201 Joint MOTION to Seal Document Certain Documents Attached to Plaintiff's Motion for Partial Summary Judgment by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Text of Proposed Order)(Tooch, Daron)
October 16, 2020 Opinion or Order Filing 200 STIPULATION Stipulation to File Documents Under Seal Pursuant to HIPAA Qualified and General Protective Order by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
October 9, 2020 Opinion or Order Filing 199 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
October 9, 2020 Opinion or Order Filing 198 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
October 8, 2020 Opinion or Order Filing 197 NOTICE of Service of Discovery filed by North Valley Pain Center PLLC. (Peugnet, M)
September 1, 2020 Opinion or Order Filing 196 *RESPONSE #192 Notice of Supplemental Authority by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith) *Modified to link document on 9/2/2020 (WLP).
August 28, 2020 Opinion or Order Filing 195 NOTICE of Service of Discovery filed by Valley Pain Centers of Peoria LLC. (May, Philip)
August 28, 2020 Opinion or Order Filing 194 NOTICE of Service of Discovery filed by Valley Pain Centers of Arizona LLC. (May, Philip)
August 28, 2020 Opinion or Order Filing 193 NOTICE of Service of Discovery filed by Valley Pain Centers LLC. (May, Philip)
August 28, 2020 Opinion or Order Filing 192 *Notice of Supplemental Authority re: #144 RESPONSE in Opposition to Motion to Dismiss filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tassa, David) *Modified text on 8/31/2020 (WLP).
August 27, 2020 Opinion or Order Filing 191 NOTICE of Service of Discovery filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Niedzialek, Justin)
August 24, 2020 Opinion or Order Filing 190 NOTICE of Service of Discovery filed by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
August 24, 2020 Opinion or Order Filing 189 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
August 20, 2020 Opinion or Order Filing 188 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
August 20, 2020 Opinion or Order Filing 187 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
August 18, 2020 Opinion or Order Filing 186 ORDER pursuant to #185 Joint Stipulation Re: Briefing on Plaintiffs' ERISA Claims: Plaintiffs shall file their opening brief on or before 10/16/2020. Aetna shall file its responsive brief on or before 12/16/2020. Plaintiffs shall file their reply brief on or before 1/11/2021. (See Order for details.) Signed by Judge Douglas L Rayes on 8/18/2020. (MMO)
August 17, 2020 Opinion or Order Filing 185 STIPULATION re Briefing Schedule on Plaintiffs' ERISA Claims by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Attachments: #1 Text of Proposed Order)(Tooch, Daron)
August 17, 2020 Opinion or Order Filing 184 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
July 31, 2020 Opinion or Order Filing 183 NOTICE re: Notice of Intent to Serve Third-Party Subpoenas by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company . (Attachments: #1 Exhibit AZ Med Group Subpoena, #2 Exhibit AZ Dept of Health Subpoena, #3 Exhibit Penny Injury Chiropractic Subpoena, #4 Exhibit Phoenix Car Accident Dotcom Subpoena, #5 Exhibit Unity Healthcare Subpoena, #6 Exhibit Valley Wide Health Centers Subpoena, #7 Exhibit Backfit Holdings Subpoena, #8 Exhibit Collision Injury Chiropractic Subpoena, #9 Exhibit Northview Pain Treatment Center Subpoena, #10 Exhibit Pain Stop Clinics Subpoena)(Tolman, Shelley)
July 30, 2020 Opinion or Order Filing 182 ORDER pursuant to #181 Joint Stipulation to Extend Deadlines for Aetna to Produce Index of Administrative Record and for Parties to Submit Amended Discovery and Briefing Schedule for Plaintiffs' Affirmative Claims: Aetna shall complete its production of the documents it purports to be part of the administrative record on Plaintiffs' affirmative claims on or before 8/7/2020. The Parties shall submit a proposed amended schedule on discovery and briefing on Plaintiffs' affirmative claims on or before 8/17/2020. Signed by Judge Douglas L Rayes on 7/30/2020. (MMO)
July 30, 2020 Opinion or Order Filing 181 STIPULATION (Joint) to Extend Deadlines by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Text of Proposed Order)(Tooch, Daron)
July 29, 2020 Opinion or Order Filing 180 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
July 24, 2020 Opinion or Order Filing 179 ORDER granting #178 Ex Parte Application for Substitution of Counsel, with Consent. FURTHER ORDERED substituting Justin V. Niedzialek and the law firm of Dunn DeSantis Walt & Kendrick, LLP, as attorney of record in this matter for Counter-defendants Tempe Outpatient Treatment Center, LLC; Tempe Interventional Treatment Center, LLC; Mesa Outpatient Treatment Center, LLC; West Valley OTC, LLC; Arrowhead Outpatient Treatment Center, LLC; and Lakeshore Interventional Treatment Center, LLC in place of Attorney Stephen Brower. Signed by Judge Douglas L Rayes on 7/24/2020. (MMO)
July 23, 2020 Opinion or Order Filing 178 EX PARTE MOTION to Substitute Attorney by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Niedzialek, Justin)
July 7, 2020 Opinion or Order Filing 177 NOTICE of Service of Discovery filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
June 26, 2020 Opinion or Order Filing 176 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Discovery Hearing held on 6/26/2020. The Court is advised that the parties have reached a tentative agreement on the issue. Discussion is held regarding deadlines. After hearing from the parties, the Court directs the parties to submit a proposed stipulated amended schedule on discovery and briefing by no later than 7/31/2020. APPEARANCES: Telephonic appearance by Vinay Kohli, David Tassa, and Daron Tooch for Plaintiffs/Counter-Defendant. Telephonic appearance by Keith Beauchamp, Jeffrey Gleason, Nathaniel Moore for Aetna Defendants/Counter Claimants. Telephonic appearance by Robert Itri for Counter-Defendant AZ Pain Solutions LLC. Telephonic appearance by Nathan Anderson for Counter-Defendants Pain Treatment Center of Tempe PLLC and Valley Pain Intervention Center LLC. Telephonic appearance by Mary Katherine Mullen for Counter-Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Stephen Brower for Counter-Defendants Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. Telephonic appearance by Brent Peugnet for Counter-Defendant North Valley Pain Center PLLC. Telephonic appearance by Philip Giles for Counter-Defendant Phoenix Pain Treatment Centers PLLC. Telephonic appearance by Devin Sreecharana for Counter-Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. Not appearing: Brendan Murphy for Counter-Defendants Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, and Uptown Facility LLC. (Court Reporter Elva Cruz-Lauer.) Hearing held 10:02 AM to 10:11 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 25, 2020 Opinion or Order Filing 175 MINUTE ORDER: Telephonic Discovery Hearing set for 6/25/2020 is vacated and reset. Telephonic Discovery Hearing reset for 6/26/2020 at 10:00 AM before Judge Douglas L Rayes. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 24, 2020 Opinion or Order Filing 174 MINUTE ORDER: Telephonic Discovery Hearing re: productions of documents set for 6/25/2020 at 09:30 AM before Judge Douglas L Rayes. The parties will be provided with call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
June 17, 2020 Opinion or Order Filing 173 ORDER pursuant to #172 Stipulation for Entry of Order Regarding Discovery of Electronically Stored Information (see Order for details). Signed by Judge Douglas L Rayes on 6/17/2020. (MMO)
June 15, 2020 Opinion or Order Filing 172 STIPULATION for Entry of Order Regarding Discovery of Electronically Stored Information by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
June 11, 2020 Opinion or Order Filing 171 REPLY to Response to Motion re: #140 MOTION to Dismiss Case filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Brower, Stephen)
June 10, 2020 Opinion or Order Filing 170 ORDER pursuant to #169 Stipulation for Extension of Time to Respond: The deadline for Counter-defendants Arrowhead Outpatient Treatment Center LLC; West Valley OTC LLC; Lakeshore Interventional Treatment Center LLC; Mesa Outpatient Treatment Center LLC; Tempe Interventional Treatment Center LLC and Tempe Outpatient Treatment Center LLC to answer or otherwise respond to Aetna's Opposition to #140 Motion to Dismiss Case is extended through and including 6/11/2020. Signed by Judge Douglas L Rayes on 6/9/2020. (MMO)
June 8, 2020 Opinion or Order Filing 169 STIPULATION re: #167 Response in Opposition to Motion for Extension of Time to Respond by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order)(Brower, Stephen)
June 4, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for Vinay Kohli on behalf of Plaintiffs Advanced Reimbursement Solutions LLC, Unknown Parties, Counter Defendant Advanced Reimbursement Solutions LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 4, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for David Joseph Tassa on behalf of Plaintiffs Advanced Reimbursement Solutions LLC, Unknown Parties, and Counter Defendant Advanced Reimbursement Solutions LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
June 3, 2020 Opinion or Order Filing 168 ORDER pursuant to #164 Stipulation to Extend Deadlines for Aetna and Plaintiffs to Produce Administrative Record on Plaintiffs' ERISA Claims: The deadline for Initial Disclosures on Plaintiffs' ERISA Claims is extended to 6/19/2020. The Deadline for Plaintiffs to submit any documents they contend should be a part of the record that are not already included in the administrative record provided by Aetna is continued to 7/10/2020. Signed by Judge Douglas L Rayes on 6/3/2020. (MMO)
June 1, 2020 Opinion or Order Filing 167 RESPONSE in Opposition re: #140 MOTION to Dismiss Case filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
May 29, 2020 Opinion or Order Filing 166 NOTICE re: Service of Offer of Judgment by Tempe Interventional Treatment Center LLC . (Brower, Stephen)
May 29, 2020 Opinion or Order Filing 165 NOTICE re: Service of Offer of Judgment by Lakeshore Interventional Treatment Center LLC . (Brower, Stephen)
May 29, 2020 Opinion or Order Filing 164 STIPULATION re: #146 Scheduling Order Stipulation to Extend Deadlines for Aetna and Plaintiffs to Produce Administrative Record on Plaintiffs ERISA Claims by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
May 28, 2020 Opinion or Order Filing 163 ORDER: The request for clarification (Docs. #160 , #162 ) is granted.As to the counterclaims, paragraph 3 of the scheduling order is amended to reflect that eachpartymay propound up to 40 requests for production of documents, including subparts, and up to 40 requests for admissions, including subparts. Ordered by Judge Douglas L Rayes on 5/28/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
May 28, 2020 Opinion or Order Filing 162 Joinder re: #160 Request re: Clarification of the Scheduling Order (DKT 146) by Counter Defendant Arizona Pain Solutions, LLC, by Counter Defendants Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
May 28, 2020 Opinion or Order Filing 161 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
May 28, 2020 Opinion or Order Filing 160 REQUEST re: CLARIFICATION OF THE SCHEDULING ORDER (DKT 146) by Counter Defendant AZ Pain Solutions LLC. (Itri, Robert)
May 28, 2020 Opinion or Order Filing 159 NOTICE of Service of Discovery filed by North Valley Pain Center PLLC. (Peugnet, M)
May 27, 2020 Opinion or Order Filing 158 ORDER pursuant to #151 Stipulation to Extend Deadline for Counterclaimants to Respond to Counterdefendants' Motion to Dismiss the First Amended Counterclaims: Counterclaimants Aetna Life Insurance Company and Aetna Inc. shall file their response to Counter-defendants' #140 Motion to Dismiss Aetna's First Amended Counterclaims on or before 6/1/2020. Signed by Judge Douglas L Rayes on 5/26/2020. (MMO)
May 26, 2020 Opinion or Order Filing 157 NOTICE of Service of Discovery filed by Arrowhead Outpatient Treatment Center LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Brower, Stephen)
May 26, 2020 Opinion or Order Filing 156 NOTICE of Service of Discovery filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
May 26, 2020 Opinion or Order Filing 155 NOTICE of Service of Discovery filed by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
May 26, 2020 Opinion or Order Filing 154 NOTICE of Service of Discovery filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
May 26, 2020 Opinion or Order Filing 153 REPLY to Response to Motion re: #127 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims filed by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
May 26, 2020 Opinion or Order Filing 152 NOTICE of Service of Discovery filed by Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Shelts, Bradley)
May 26, 2020 Opinion or Order Filing 151 *STIPULATION to extend time to respond to #140 MOTION to Dismiss Case by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith) *Modified text on 5/27/2020 (WLP).
May 26, 2020 Opinion or Order Filing 150 REQUEST re: Clarification Regarding Deposition Limitation in Scheduling Order Issued May 19, 2020 by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
May 25, 2020 Opinion or Order Filing 149 NOTICE of Service of Discovery filed by Metro OTC LLC, North Phoenix OTC LLC, Uptown Facility LLC. (Murphy, Brendan)
May 19, 2020 Opinion or Order Filing 148 REPLY to Response to Motion re: #104 MOTION for Judgment on the Pleadings filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
May 19, 2020 Opinion or Order Filing 147 RESPONSE in Opposition re: #127 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
May 19, 2020 Opinion or Order Filing 146 **Amended by Doc #423 ** SCHEDULING ORDER: Opening Brief due 9/15/2020. Response brief due 10/11/2020. Reply brief due 10/25/2020. Discovery due by 4/19/2021. Dispositive motions due by 8/22/2021. (See Order for details.) Signed by Judge Douglas L Rayes on 5/19/2020. (MMO) Modified on 6/14/2021 (RMV).
May 18, 2020 Opinion or Order Filing 145 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Rule 16 Scheduling Conference held on 5/18/2020. Deadlines discussed. Order to issue. APPEARANCES: Telephonic appearance by Daron Tooch and Matthew St. Martin for Plaintiff. Telephonic appearance by Jeffrey Gleason, Keith Beauchamp, Nathan Moore, and Eric Boettcher for Defendant/Counter Claimant, the Aetna entities. Telephonic appearance by Robert Itri and Lauren Crawford for Counter-Defendant AZ Pain Solutions LLC. Telephonic appearance by Nathan Anderson and Bradley Shelts for Counter-Defendants Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, and Valley Pain Intervention Center LLC. Telephonic appearance by Mary Katherine Mullen for Counter-Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. Telephonic appearance by Stephen Brower for Counter-Defendants Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC. Telephonic appearance by Brendan Murphy for Counter-Defendants Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, and Uptown Facility LLC. Telephonic appearance by Brent Peugnet for Counter-Defendant North Valley Pain Center PLLC. Telephonic appearance by Philip Giles for Counter-Defendant Phoenix Pain Treatment Centers PLLC. Telephonic appearance by Devin Sreecharana and Philip May for Counter-Defendants Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC and Valley Pain Centers of Peoria LLC. (Court Reporter Jennifer Pancratz.) Hearing held 3:29 PM to 4:07 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
May 12, 2020 Opinion or Order Filing 144 *RESPONSE in Opposition re: #104 MOTION to Dismiss filed by Advanced Reimbursement Solutions LLC, Unknown Parties. (Tooch, Daron) Modified to correct filers and text on 5/13/2020 (WLP).
May 12, 2020 Opinion or Order Filing 143 NOTICE of Party Dismissal by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. Party Gilbert Facility Group LLC (cd per Doc 29), NorthView Pain Treatment Center PLLC (cd per Doc 29), Surprise Facility Group LLC (cd per Doc 29), Alliance Pain Solutions LLC (cd per Doc 29) and Avonhealth LLC (cd per Doc 29) terminated. (Beauchamp, Keith)
May 11, 2020 Opinion or Order Filing 142 REPLY to Response to Motion re: #63 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS filed by AZ Pain Solutions LLC. (Itri, Robert)
May 11, 2020 Opinion or Order Filing 141 Joinder re: #135 Reply to Response to Motion, #139 Reply to Response to Motion, #94 Joinder by Counter Defendants Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. filed by Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Anderson, Nathan)
May 11, 2020 Opinion or Order Filing 140 **Withdrawn by Doc. #225 ** MOTION to Dismiss Case by Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Brower, Stephen) Modified on 12/7/2020 (RMV).
May 11, 2020 Opinion or Order Filing 139 REPLY to Response to Motion re: #64 MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims filed by Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (Murphy, Brendan)
May 11, 2020 Opinion or Order Filing 138 AMENDED DOCUMENT by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. Amendment to #80 Report - Rule 26(f) Planning Meeting (Proposed Case Mgt Plan) . (Beauchamp, Keith)
May 8, 2020 Opinion or Order Filing 137 ORDER pursuant to #136 Stipulation for Extension of Time to Respond to Amended Counterclaims: Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC answer to Aetna's Amended Counterclaims due 5/11/2020. Signed by Judge Douglas L Rayes on 5/8/2020. (MMO)
May 8, 2020 Opinion or Order Filing 136 STIPULATION re: #29 Amended Counterclaim, #103 Order on Stipulation for Extension of Time to Respond to Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order)(Brower, Stephen)
May 7, 2020 Opinion or Order Filing 135 REPLY to Response to Motion re: #62 MOTION to Dismiss Counts/Claims : Aetna's Counterclaim against Advanced Reimbursement Solutions, LLC filed by Advanced Reimbursement Solutions LLC, Advanced Reimbursement Solutions LLC. (Tooch, Daron)
May 7, 2020 Opinion or Order Filing 134 ORDER pursuant to #131 Stipulation for Extension of Time for Counter-Defendant AZ Pain Solutions, LLC to File its Reply in Support of its Motion to Dismiss: The deadline for Counter-Defendant AZ Pain Solutions, LLC to file its Reply in Support of its #63 Motion to Dismiss is extended through and including 5/11/2020. Signed by Judge Douglas L Rayes on 5/7/2020. (MMO)
May 6, 2020 Opinion or Order Filing 133 PROTECTIVE ORDER pursuant to #128 Stipulation by Certain Parties for Entry of HIPAA Qualified and General Protective Order. (See Order for details.) Signed by Judge Douglas L Rayes on 5/6/2020. (MMO)
May 6, 2020 Opinion or Order Filing 132 ORDER pursuant to #129 Stipulation For Extension of Time for Counter-defendants (1) Gilbert Facility Group, LLC; (2) Metro OTC, LLC; (3) North Phoenix OTC, LLC; (4) Surprise Facility Group, LLC; and Uptown Facility, LLC ("Uptown Facilities") to File a Reply in Support of Motion to Dismiss: tTe deadline for the Uptown Facilities to file their Reply in Support of #64 Motion to Dismiss is extended through and including 5/11/2020. Signed by Judge Douglas L Rayes on 5/6/2020. (MMO)
May 6, 2020 Opinion or Order Filing 131 STIPULATION re: #63 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS, #111 Response in Opposition to Motion STIPULATION FOR EXTENSION OF TIME FOR COUNTERDEFENDANT AZ PAIN SOLUTIONS, LLC TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO DISMISS [First Request] by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
May 6, 2020 Opinion or Order Filing 130 MINUTE ORDER: Rule 16 Scheduling Conference set for 5/15/2020 is vacated and reset. Rule 16 Scheduling Conference reset for 5/18/2020 at 03:30 PM before Judge Douglas L Rayes. This hearing will be held telephonically. Parties will be provided with call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
May 5, 2020 Opinion or Order Filing 129 STIPULATION For Extension of Time to FIle Reply in Support of Motion to Dismiss by Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (Attachments: #1 Text of Proposed Order)(Murphy, Brendan)
May 5, 2020 Opinion or Order Filing 128 STIPULATION BY CERTAIN PARTIES FOR ENTRY OF HIPAA QUALIFIED AND GENERAL PROTECTIVE ORDER by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
May 5, 2020 Opinion or Order Filing 127 **Withdrawn by Doc. #225 ** MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan) Modified on 12/7/2020 (RMV).
May 4, 2020 Opinion or Order Filing 126 RESPONSE re: #94 Joinder by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
May 4, 2020 Opinion or Order Filing 125 Corporate Disclosure Statement by West Valley OTC LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 124 Corporate Disclosure Statement by Tempe Outpatient Treatment Center LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 123 Corporate Disclosure Statement by Tempe Interventional Treatment Center LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 122 Corporate Disclosure Statement by Mesa Outpatient Treatment Center LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 121 Corporate Disclosure Statement by Lakeshore Interventional Treatment Center LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 120 Corporate Disclosure Statement by Avonhealth LLC. (Brower, Stephen)
May 4, 2020 Opinion or Order Filing 119 Corporate Disclosure Statement by Arrowhead Outpatient Treatment Center LLC. (Brower, Stephen)
May 1, 2020 Opinion or Order Filing 118 ORDER denying ARS's #61 Motion to Bifurcate and stay. At the 5/15/2020 scheduling conference, the parties shall be prepared to discuss case management deadlines that do not bifurcate or stay discovery on the various claims and counterclaims. If necessary, the parties may supplement or amend their Rule 26(f) report by no later than 5/11/2020. Signed by Judge Douglas L Rayes on 5/1/2020. (MMO)
May 1, 2020 Opinion or Order Filing 117 NOTICE of Service of Discovery filed by AZ Pain Solutions LLC. (Itri, Robert)
April 30, 2020 Opinion or Order Filing 116 Corporate Disclosure Statement by Arizona Pain Ventures LLC. (Goldfine, Dan)
April 30, 2020 Opinion or Order Filing 115 Corporate Disclosure Statement by Desert Ridge Facility LLC. (Goldfine, Dan)
April 30, 2020 Opinion or Order Filing 114 RESPONSE re: #82 Joinder by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
April 30, 2020 Opinion or Order Filing 113 RESPONSE re: #81 Joinder by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Counter Claimants Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
April 30, 2020 Opinion or Order Filing 112 RESPONSE in Opposition re: #64 MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 30, 2020 Opinion or Order Filing 111 RESPONSE in Opposition re: #63 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 30, 2020 Opinion or Order Filing 110 RESPONSE in Opposition re: #62 MOTION to Dismiss Counts/Claims : Aetna's Counterclaim against Advanced Reimbursement Solutions, LLC filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 30, 2020 Opinion or Order Filing 109 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to NorthView Pain Treatment Center PLLC. (MMO)
April 29, 2020 Opinion or Order Filing 108 Corporate Disclosure Statement by Pain Treatment Center of Tempe PLLC. (Shelts, Bradley)
April 29, 2020 Opinion or Order Filing 107 Corporate Disclosure Statement by Valley Pain Intervention Center LLC. (Shelts, Bradley)
April 29, 2020 Opinion or Order Filing 106 Corporate Disclosure Statement by Alliance Pain Solutions LLC. (Shelts, Bradley)
April 28, 2020 Opinion or Order Filing 105 ORDER pursuant to #102 Stipulation to Extend Deadline for Counterclaimants to Respond to Certain Counter-defendants' Motions to Dismiss the First Amended Counterclaims: Aetna may have through and including 4/30/2020 to file its responses to Phoenix Pain Treatment Centers, PLLC and North Valley Pain Center, PLLC's joined motions. Signed by Judge Douglas L Rayes on 4/28/2020. (MMO)
April 28, 2020 Opinion or Order Filing 104 MOTION for Judgment on the Pleadings by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 27, 2020 Opinion or Order Filing 103 ORDER pursuant to #97 Stipulation for Extension of Time to Respond to Amended Counterclaims: Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, and West Valley OTC LLC answer due 5/8/2020. Signed by Judge Douglas L Rayes on 4/27/2020. (MMO)
April 27, 2020 Opinion or Order Filing 102 STIPULATION to Extend Deadline for Counterclaimants to Respond to Certain Counterdefendants Motions to Dismiss the First Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
April 27, 2020 Opinion or Order Filing 101 Sur-Reply in Opposition to #61 MOTION to Bifurcate Discovery and Trial on ERISA Claim by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (WLP)
April 27, 2020 Opinion or Order Filing 100 ORDER granting #98 Motion for Leave to File Sur-Reply in Response to Plaintiffs Patients 1-513's Reply Brief in Support of Their #61 Motion to Bifurcate Discovery and Trial on Their ERISA Claim. Ordered by Judge Douglas L Rayes on 4/27/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
April 24, 2020 Opinion or Order Filing 99 *Filed at #101 pursuant to 100 Order - LODGED Proposed Aetnas Sur-Reply in Opposition to Plaintiffs Patients 1-513s Motion to Bifurcate Discovery and Trial of Their Erisa Claim re: #98 MOTION for Leave to File Sur-Reply in Response to Plaintiffs Patients 1-513s Reply Brief in Support of Their Motion to Bifurcate Discovery and Trial of Their Erisa Claim . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith) *Modified on 4/27/2020 (WLP).
April 24, 2020 Opinion or Order Filing 98 MOTION for Leave to File Sur-Reply in Response to Plaintiffs Patients 1-513s Reply Brief in Support of Their Motion to Bifurcate Discovery and Trial of Their Erisa Claim by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
April 24, 2020 Opinion or Order Filing 97 STIPULATION re: #29 Amended Counterclaim, #59 Order on Stipulation for Extension of Time to Respond to Amended Counterclaims by Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order 2020.04.24 Proposed Order)(Brower, Stephen)
April 22, 2020 Opinion or Order Filing 96 Corporate Disclosure Statement by North Valley Pain Center PLLC. (Peugnet, M)
April 20, 2020 Opinion or Order Filing 95 *REPLY to Response to Motion re: #61 MOTION to Bifurcate Discovery and Trial on ERISA Claim filed by Unknown Parties. (Tooch, Daron) *Modified to correct filers on 4/21/2020 (WLP).
April 20, 2020 Opinion or Order Filing 94 Joinder re: #63 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS, #64 MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims , #62 MOTION to Dismiss Counts/Claims : Aetna's Counterclaim against Advanced Reimbursement Solutions, LLC Joinder in Motions to Dismiss First Amended Counterclaim by Counter Defendants Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Anderson, Nathan)
April 20, 2020 Opinion or Order Filing 93 REPORT of Rule 26(f) Planning Meeting by North Valley Pain Center PLLC. (Peugnet, M)
April 16, 2020 Opinion or Order Filing 92 Corporate Disclosure Statement by Uptown Facility LLC. (Murphy, Brendan)
April 16, 2020 Opinion or Order Filing 91 Corporate Disclosure Statement by Surprise Facility Group LLC. (Murphy, Brendan)
April 16, 2020 Opinion or Order Filing 90 Corporate Disclosure Statement by North Phoenix OTC LLC. (Murphy, Brendan)
April 16, 2020 Opinion or Order Filing 89 Corporate Disclosure Statement by Metro OTC LLC. (Murphy, Brendan)
April 16, 2020 Opinion or Order Filing 88 Corporate Disclosure Statement by Gilbert Facility Group LLC. (Murphy, Brendan)
April 16, 2020 Opinion or Order Filing 87 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to North Valley Pain Center PLLC. (MMO)
April 16, 2020 Opinion or Order Filing 86 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (MMO)
April 14, 2020 Opinion or Order Filing 85 Joinder re: #61 MOTION to Bifurcate Discovery and Trial on ERISA Claim by Counter Defendant North Valley Pain Center PLLC. (Peugnet, M)
April 14, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for Matthew D Knepper on behalf of Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 13, 2020 Opinion or Order Filing 84 RESPONSE in Opposition re: #61 MOTION to Bifurcate Discovery and Trial on ERISA Claim filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 13, 2020 Opinion or Order Filing 83 Having reviewed the parties' #80 Rule 26(f) report, the Court concludes that it would be more efficient to hold the scheduling conference after disposition of Plaintiff's #61 motion to bifurcate. Accordingly, IT IS ORDERED the Rule 16 Scheduling Conference, presently set for 4/17/2020 at 10:00 AM is VACATED and RESET. Rule 16 Scheduling Conference reset for 5/15/2020 at 04:00 PM to permit the Court time to rule on the pending motion to bifurcate. Ordered by Judge Douglas L Rayes. (MMO)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.)
April 13, 2020 Opinion or Order Filing 82 Joinder re: #64 MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims by Counter Defendant North Valley Pain Center PLLC. (Peugnet, M)
April 13, 2020 Opinion or Order Filing 81 Joinder re: #29 Amended Counterclaim, #64 MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims , #62 MOTION to Dismiss Counts/Claims : Aetna's Counterclaim against Advanced Reimbursement Solutions, LLC / Joinder in Motions to Dismiss the Aetna Life Insurance Company and Aetna, Inc.'s First Amended Counterclaim by Counter Defendant Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
April 10, 2020 Opinion or Order Filing 80 REPORT of Rule 26(f) Planning Meeting by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Beauchamp, Keith)
April 10, 2020 Opinion or Order Filing 79 ORDER granting #78 Joint Stipulated Motion for Extension of Time to File Response to Complaint. Counter-defendants Arizona Pain Ventures, LLC, and Desert Ridge Facility, LLC's deadline to answer or otherwise respond to Counterclaimants' Counterclaim shall be extended from the current deadline of 4/22/2020 up to and including 5/6/2020. Signed by Judge Douglas L Rayes on 4/10/2020. (MMO)
April 9, 2020 Opinion or Order Filing 78 *Joint Stipulated MOTION for Extension of Time to File Response to Complaint by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Attachments: #1 Text of Proposed Order)(Goldfine, Dan) *Modified to correct event on 4/10/2020 (WLP).
April 9, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for Mary Katherine Mullen on behalf of Counter Defendants Arizona Pain Ventures LLC and Desert Ridge Facility LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
April 6, 2020 Opinion or Order Filing 77 ORDER granting #74 Stipulated Motion to Extend Deadline to Respond to Defendant/Counter-Claimant's First Amended Counterclaims. The deadline for Phoenix Pain to respond to the #29 First Amended Counterclaim and Amended Answer is extended through and including 4/16/2020. Signed by Judge Douglas L Rayes on 4/6/2020. (MMO)
April 6, 2020 Opinion or Order Filing 76 ORDER pursuant to #71 Stipulation to Extend Deadline for Counterclaimants to Respond to Certain Counter-defendants' Motions to Dismiss the First Amended Counterclaims: Counterclaimants Aetna Life Insurance Company and Aetna Inc. shall file their response to Counter-defendant Advanced Reimbursement Solutions, LLC's #62 Motion to Dismiss Aetna's First Amended Counterclaim, Counter-defendant AZ Pain Solutions, LLC's #63 Motion to Dismiss Defendants' First Amended Counterclaims, and Counter-defendants Gilbert Facility Group, LLC, Metro OTC, LLC, North Phoenix OTC, LLC, Surprise Facility Group, LLC, and Uptown Facility, LLC's #64 Motion to Dismiss Aetna's First Amended Counterclaims by no later than 4/30/2020. Signed by Judge Douglas L Rayes on 4/3/2020. (MMO)
April 6, 2020 Opinion or Order Filing 75 ORDER granting #70 Stipulated Motion to Extend Deadline to File a Pleading Responsive to Defendant/Counterclaimant's Counterclaim. North Valley Pain Center PLLC answer due 4/13/2020. Signed by Judge Douglas L Rayes on 4/3/2020. (MMO)
April 3, 2020 Opinion or Order Filing 74 MOTION for Extension of Time to File Response/Reply as to #29 Amended Counterclaim STIPULATED MOTION TO EXTEND DEADLINE TO RESPOND TO DEFENDANT/COUNTER-CLAIMANTS FIRST AMENDED COUNTERCLAIMS (First Request) by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
April 3, 2020 Opinion or Order Filing 73 Corporate Disclosure Statement by Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
April 3, 2020 Opinion or Order Filing 72 NOTICE of Appearance by Philip Jon Giles on behalf of Phoenix Pain Treatment Centers PLLC. (Giles, Philip)
April 3, 2020 Opinion or Order Filing 71 STIPULATION to Extend Deadline for Counterclaimants to Respond to Certain Counterdefendants Motions to Dismiss the First Amended Counterclaims by Aetna Health Incorporated, Aetna Incorporated, Aetna Incorporated, Aetna Life Insurance Company, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
April 2, 2020 Opinion or Order Filing 70 First MOTION for Extension of Time to File Answer re: #23 Answer to Complaint, Counterclaim by North Valley Pain Center PLLC. (Attachments: #1 Text of Proposed Order)(Peugnet, M)
April 2, 2020 Opinion or Order Filing 69 NOTICE of Errata re: #63 MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS by Counter Defendant AZ Pain Solutions LLC.. (Crawford, Lauren)
April 1, 2020 Opinion or Order Filing 68 Corporate Disclosure Statement by Valley Pain Centers of Peoria LLC. (Sreecharana, Devin)
April 1, 2020 Opinion or Order Filing 67 Corporate Disclosure Statement by Valley Pain Centers LLC. (Sreecharana, Devin)
April 1, 2020 Opinion or Order Filing 66 Corporate Disclosure Statement by Valley Pain Centers of Arizona LLC. (Sreecharana, Devin)
April 1, 2020 Opinion or Order Filing 65 ANSWER to #29 Amended Counterclaim by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC.(Sreecharana, Devin)
April 1, 2020 Opinion or Order Filing 64 **Withdrawn by Doc. #225 ** MOTION to Dismiss Counts/Claims : Aetna's First Amended Counterclaims by Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (Murphy, Brendan) Modified on 12/7/2020 (RMV).
April 1, 2020 Opinion or Order Filing 63 **Withdrawn by Doc. #225 ** MOTION to Dismiss Counts/Claims : Defendants' First Amended Counterclaims AZ PAIN SOLUTIONS, LLC'S MOTION TO DISMISS DEFENDANTS' FIRST AMENDED COUNTERCLAIMS by AZ Pain Solutions LLC. (Itri, Robert) Modified on 12/7/2020 (RMV).
March 30, 2020 Opinion or Order Filing 62 **Withdrawn by Doc. #225 ** MOTION to Dismiss Counts/Claims : Aetna's Counterclaim against Advanced Reimbursement Solutions, LLC by Advanced Reimbursement Solutions LLC. (Attachments: #1 Supplement Memorandum, #2 Supplement Request for Judicial Notice, #3 Supplement Declaration of Allen, #4 Exhibit 1 to Declaration of Allen, #5 Exhibit 2 to Declaration of Allen, #6 Exhibit 3 to Declaration of Allen, #7 Text of Proposed Order)(Tooch, Daron) Modified on 12/7/2020 (RMV).
March 30, 2020 Opinion or Order Filing 61 MOTION to Bifurcate Discovery and Trial on ERISA Claim by Unknown Parties. (Attachments: #1 Supplement Memorandum, #2 Text of Proposed Order)(Tooch, Daron)
March 26, 2020 Opinion or Order Filing 60 ORDER pursuant to #58 Joint Stipulated Motion for Extension of Time to File Response to Complaint: Arizona Pain Ventures LLC and Desert Ridge Facility LLC answer due 4/22/2020. Signed by Judge Douglas L Rayes on 3/26/2020. (MMO)
March 25, 2020 Opinion or Order Filing 59 ORDER granting the parties' #57 Stipulation For Extension of Time To Answer. The deadline for the Lakeshore Defendants to answer or otherwise respond to Aetna's Amended Counterclaims, through and including April 24, 2020. Signed by Judge Douglas L Rayes on 3/25/20. (CLB)
March 25, 2020 Opinion or Order Filing 58 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Attachments: #1 Text of Proposed Order)(Goldfine, Dan)
March 24, 2020 Opinion or Order Filing 57 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #29 Amended Counterclaim by Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Attachments: #1 Text of Proposed Order 2020.03.24 Proposed Order)(Brower, Stephen)
March 24, 2020 Opinion or Order Filing 56 MINUTE ORDER: Rule 16 Scheduling Conference set for 4/14/2020 is vacated and reset for 4/17/2020 at 10:00 AM before Judge Douglas L Rayes. This hearing will be held telephonically. The parties will be provided call-in information via separate email. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
March 19, 2020 Opinion or Order Filing 55 ORDER granting #53 Stipulation for Extension of Time to Answer or Otherwise Plead. Alliance Entities answer due 4/20/2020. Signed by Judge Douglas L Rayes on 3/19/2020. (MMO)
March 19, 2020 Opinion or Order Filing 54 ORDER pursuant to #52 Stipulation For Extension of Time for Counter-defendants Uptown Facility, LLC; Surprise Facility Group, LLC; Metro OTC, LLC; Gilbert Facility Group, LLC; and North Phoenix OTC, LLC (the "Uptown Counter-defendants") to Respond to First Amended Counterclaim: Uptown Counter-defendants' answer to First Amended Counterclaim due 4/1/2020. Signed by Judge Douglas L Rayes on 3/18/2020. (MMO)
March 18, 2020 Opinion or Order Filing 53 Second MOTION for Extension of Time to File Answer or Otherwise Plead (Second Request) by Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Attachments: #1 Text of Proposed Order proposed order for extension of time)(Anderson, Nathan)
March 18, 2020 Opinion or Order Filing 52 STIPULATION FOR EXTENSION OF TIME TO REPOND TO COUNTERCLAIM by Aetna Incorporated, Aetna Life Insurance Company, Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Murphy, Brendan)
March 17, 2020 Opinion or Order Filing 51 NOTICE of Appearance by Brendan Andrew Murphy on behalf of Gilbert Facility Group LLC, Metro OTC LLC, North Phoenix OTC LLC, Surprise Facility Group LLC, Uptown Facility LLC. (Murphy, Brendan)
March 12, 2020 Opinion or Order Filing 50 ORDER pursuant to #48 Stipulation for Extension of Time to Respond to Amended Counterclaims: Valley Pain Centers defendants answer deadline extended through and including 4/1/2020. Signed by Judge Douglas L Rayes on 3/11/2020. (MMO)
March 12, 2020 Opinion or Order Filing 49 ORDER granting #44 Joint Motion to Extend Deadline for Counter-Defendant AZ Pain Solutions, LLC to Respond to Amended Counterclaims. The deadline for Counter-Defendant AZ Pain Solutions, LLC in which to answer or otherwise respond to the Amended Counterclaims is extended through and including 4/1/2020. Signed by Judge Douglas L Rayes on 3/11/2020. (MMO)
March 11, 2020 Opinion or Order Filing 48 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #29 Amended Counterclaim by Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC. (Attachments: #1 Text of Proposed Order)(Sreecharana, Devin)
March 10, 2020 Opinion or Order Filing 47 ORDER granting #39 Joint Stipulated Motion for Extension of Time to File Response to Complaint. Counter-defendants Arizona Pain Ventures, LLC, and Desert Ridge Facility, LLC's deadline to answer or otherwise respond to Counterclaimants' Counterclaim is extended up to and including 4/1/2020. Signed by Judge Douglas L Rayes on 3/9/2020. (MMO)
March 10, 2020 Opinion or Order Filing 46 ORDER granting #43 Joint Stipulated Motion to Extend Deadline for Advanced Reimbursement Solutions, LLC to Respond to Counterclaimant's First Amended Counterclaim. Advanced Reimbursement Solutions LLC answer due 3/30/2020. Signed by Judge Douglas L Rayes on 3/9/2020. (MMO)
March 10, 2020 Opinion or Order Filing 45 ORDER pursuant to the parties' #42 Stipulation for Extension of Time to Answer or Otherwise Plead: The deadline for Counter-defendants Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, and Valley Pain Intervention Center LLC to file an answer or otherwise plead is extended to on or before 3/20/2020. Signed by Judge Douglas L Rayes on 3/9/2020. (MMO)
March 10, 2020 Opinion or Order Filing 44 Joint MOTION for Extension of Time Extension of Time to Respond to First Amended Counterclaims (Second Request) by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
March 5, 2020 Opinion or Order Filing 43 MOTION for Extension of Time to File Answer Respond to 1st Amended Counterclaim by Advanced Reimbursement Solutions LLC. (Attachments: #1 Text of Proposed Order)(Witthoft, Sara)
March 5, 2020 Opinion or Order Filing 42 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #29 Amended Counterclaim by Alliance Pain Solutions LLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Valley Pain Intervention Center LLC. (Attachments: #1 Text of Proposed Order Proposed Order re: Stipulation for Extension to Respond or Otherwise Plead)(Shelts, Bradley) *Modified to reflect correct event; attorney noticed on 3/6/2020 (SST).
March 5, 2020 Opinion or Order Filing 41 NOTICE of Appearance by Dan W Goldfine on behalf of Desert Ridge Facility LLC. (Goldfine, Dan)
March 5, 2020 Opinion or Order Filing 40 NOTICE of Appearance by Dan W Goldfine on behalf of Arizona Pain Ventures LLC. (Goldfine, Dan)
March 4, 2020 Opinion or Order Filing 39 Joint MOTION for Extension of Time to File Response/Reply JOINT STIPULATED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO COMPLAINT by Arizona Pain Ventures LLC, Desert Ridge Facility LLC. (Goldfine, Dan)
March 4, 2020 Opinion or Order Filing 38 NOTICE of Appearance by Stephen Brower on behalf of Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, West Valley OTC LLC. (Brower, Stephen)
February 28, 2020 Opinion or Order Filing 37 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company: Proof of Service re: Amended Answer and Amended Counterclaims upon Arizona Pain Ventures; Desert Ridge Facility; AZ Pain Solutions; Doctors Outpatient Surgery Center; Gilbert Facility Group; Surprise Facility Group; Uptown Facility; Metro OTC; Paint Treatment of Tempe; Northview Pain Treatment; AZ Surgical Center; Alliance Pain Solutions; Phoenix Pain Treatment Centers; Valley Pain Centers of Peoria; Valley Pain Centers of Arizona; Valley Pain Centers; North Phoenix OTC; Valley Pain Intervention on 02/19/20; 02/20/20; 02/21/20. (Beauchamp, Keith)
February 28, 2020 Opinion or Order Filing 36 ORDER granting #34 Joint Motion to Extend Deadline for Counter-defendant AZ Pain Solutions, LLC to Respond to Amended Counterclaim. AZ Pain Solutions LLC answer due 3/20/2020. Signed by Judge Douglas L Rayes on 2/27/2020. (MMO)
February 25, 2020 Opinion or Order Filing 35 Corporate Disclosure Statement by AZ Pain Solutions LLC. (Itri, Robert)
February 25, 2020 Opinion or Order Filing 34 Joint MOTION for Extension of Time to File Answer re: #29 Amended Counterclaim JOINT MOTION TO EXTEND DEADLINE FOR COUNTERDEFENDANT AZ PAIN SOLUTIONS, LLC TO RESPOND TO AMENDED COUNTERCLAIM [FIRST REQUEST] by AZ Pain Solutions LLC. (Attachments: #1 Text of Proposed Order)(Itri, Robert)
February 25, 2020 Opinion or Order Filing 33 NOTICE of Appearance by Robert J Itri on behalf of AZ Pain Solutions LLC. (Itri, Robert)
February 20, 2020 Opinion or Order Filing 32 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company: Proof of Service re: Summons, Complaint, Answer and Counterclaims, Order Setting Rule 16 Scheduling Conference and Amended Answer and Amended Counterclaims upon North Valley Pain Center on 2/10/2020 & 2/19/2020. (Beauchamp, Keith)
February 19, 2020 Opinion or Order Filing 31 Summons Issued as to AZ Pain Solutions LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Doctors Outpatient Surgery Center LLC, Gilbert Facility Group LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Metro OTC LLC, North Phoenix OTC LLC, North Valley Pain Center PLLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Uptown Facility LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Intervention Center LLC, West Valley OTC LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
February 18, 2020 Opinion or Order Filing 30 SUMMONS Submitted by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
February 13, 2020 Opinion or Order Filing 29 First AMENDED COUNTERCLAIM AND AMENDED ANSWER re: #23 Answer to Complaint, Counterclaim filed by Aetna Health Incorporated, Unknown Parties, Aetna Life Insurance Company, Aetna Incorporated against AZ Pain Solutions LLC, Advanced Reimbursement Solutions LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Gilbert Facility Group LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Metro OTC LLC, North Phoenix OTC LLC, North Valley Pain Center PLLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Uptown Facility LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Intervention Center LLC, West Valley OTC LLC filed by Aetna Incorporated, Aetna Life Insurance Company, Aetna Health Incorporated. (Attachments: #1 Exhibit 1-4)(Beauchamp, Keith) *Modified to remove termed party names on 2/14/2020 (DXD).
February 13, 2020 Opinion or Order Filing 28 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company: Proof of Service re: Summons, Complaint, Answer and Counterclaims, Order Setting Rule 16 Scheduling Conference upon Alliance Pain Solutions, LLC on 2/6/20; Arizona Pain Ventures, LLC on 2/6/20; Arrowhead Outpatient Treatment Center, LLC on 2/6/20; Avonhealth, LLC on 2/6/20; AZ Pain Solutions, LLC on 2/6/20; AZ Surgical Center, LLC on 2/6/20; Desert Ridge Facility, LLC on 2/6/20; Doctors Outpatient Surgery Center, LLC on 2/7/20; Gilbert Facility Group, LLC on 2/6/20; Lakeshore Interventional Treatment Center, LLC on 2/6/20; Mesa Outpatient Treatment Center, LLC on 2/6/20; Metro OTC, LLC on 2/6/20; North Phoenix OTC, LLC on 2/6/20; NorthView Pain Treatment Center, PLLC on 2/6/20; Pain Treatment Center of Tempe, PLLC on 2/6/20; Phoenix Pain Treatment Centers, PLLC on 2/7/20; Surprise Facility Group, LLC on 2/6/20; Tempe Interventional Treatment Center, LLC on 2/6/20; Tempe Outpatient Treatment Center, LLC on 2/6/20; Uptown Facility, LLC on 2/6/20; Valley Pain Centers of Arizona, LLC on 2/6/20; Valley Pain Centers of Peoria, LLC on 2/6/20; Valley Pain Intervention Center, LLC on 2/6/20; West Valley OTC, LLC on 2/6/20. (Beauchamp, Keith) *Modified dates on 2/14/2020 (DXD).
February 6, 2020 Opinion or Order Filing 27 Summons Issued as to AZ Pain Solutions LLC, AZ Surgical Center LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Doctors Outpatient Surgery Center LLC, Gilbert Facility Group LLC, Lakeshore Interventional Treatment Center LLC, Mesa Outpatient Treatment Center LLC, Metro OTC LLC, North Phoenix OTC LLC, North Valley Pain Center PLLC, NorthView Pain Treatment Center PLLC, Pain Treatment Center of Tempe PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Interventional Treatment Center LLC, Tempe Outpatient Treatment Center LLC, Uptown Facility LLC, Valley Pain Centers LLC, Valley Pain Centers of Arizona LLC, Valley Pain Centers of Peoria LLC, Valley Pain Intervention Center LLC, West Valley OTC LLC. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
February 5, 2020 Opinion or Order Filing 26 SUMMONS Submitted by Aetna Incorporated, Aetna Life Insurance Company. (Beauchamp, Keith)
February 4, 2020 Opinion or Order Filing 25 ORDER SETTING RULE 16 SCHEDULING CONFERENCE: Rule 16 Scheduling Conference set for 4/14/2020 at 04:30 PM in Courtroom 606, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. The parties are directed to meet and confer at least 14 calendar 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 2/3/2020. (MMO)
January 23, 2020 Opinion or Order Filing 24 Corporate Disclosure Statement by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company identifying Corporate Parent CVS Health. (Beauchamp, Keith) *Modified text on 1/24/2020 (DXD).
January 23, 2020 Opinion or Order Filing 23 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Advanced Reimbursement Solutions LLC, North Phoenix OTC LLC, NorthView Pain Treatment Center PLLC, West Valley OTC LLC, Alliance Pain Solutions LLC, Arizona Pain Ventures LLC, Valley Pain Centers LLC, AZ Pain Solutions LLC, Lakeshore Interventional Treatment Center LLC, Arrowhead Outpatient Treatment Center LLC, Avonhealth LLC, Desert Ridge Facility LLC, Gilbert Facility Group LLC, Mesa Outpatient Treatment Center LLC, North Valley Pain Center PLLC, Phoenix Pain Treatment Centers PLLC, Surprise Facility Group LLC, Tempe Outpatient Treatment Center LLC, Valley Pain Centers of Peoria LLC, Pain Treatment Center of Tempe PLLC, Doctors Outpatient Surgery Center LLC, AZ Surgical Center LLC, Tempe Interventional Treatment Center LLC, Valley Pain Intervention Center LLC, Uptown Facility LLC by Unknown Parties, Aetna Incorporated, Aetna Life Insurance Company, Aetna Health Incorporated. (Attachments: #1 Exhibit 1-4)(Beauchamp, Keith) *Modified add counter parties on 1/24/2020 (DXD).
January 17, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for Eric B. Boettcher on behalf of the Aetna Life Insurance Company, et al. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)
December 20, 2019 Opinion or Order Filing 22 Sealed Declaration in Support of #20 Response in Opposition by Advanced Reimbursement Solutions LLC, Unknown Parties. (LAD)
December 20, 2019 Opinion or Order Filing 21 ORDER: Defendants' #15 Motion for Extension of Time to Respond to Complaint is GRANTED. Defendants shall respond to the complaint by no later than 1/23/2020. Plaintiffs' #19 Motion to Seal is GRANTED. The Clerk is directed to file under seal the documents currently lodged at Doc. #20 . Signed by Judge Douglas L Rayes on 12/20/2019. (MMO)
December 20, 2019 Opinion or Order Remark: Pro hac vice motion(s) granted for Randall Tietjen, Jeffrey Sullivan Gleason, and Jamie R Kurtz on behalf of Defendants Aetna Health Incorporated, Aetna Incorporated, and Aetna Life Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 20, 2019 Opinion or Order Remark: Pro hac vice motion(s) granted for Nathaniel J Moore on behalf of Defendants Aetna Health Incorporated, Aetna Incorporated, and Aetna Life Insurance Company. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
December 19, 2019 Opinion or Order Filing 20 * (Filed at Doc. #22 ) SEALED LODGED Proposed Unredacated Declaration of Douglas Lowden in Support of Opposition to Motion for Extension re: #19 MOTION to Seal Document Motion to File Docs Under Seal. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Advanced Reimbursement Solutions LLC, Unknown Parties. (St Martin, Matthew) Modified on 12/20/2019 (LAD).
December 19, 2019 Opinion or Order Filing 19 * MOTION to Seal Document Motion to File Docs Under Seal by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Text of Proposed Order Proposed Order)(St Martin, Matthew) *Modified to remove Ex Parte designation on 12/20/2019 (SCH).
December 19, 2019 Opinion or Order Filing 18 RESPONSE in Opposition re: #15 MOTION for Extension of Time to File Answer re: #1 Complaint Motion for Extension of Time to Respond to Complaint (Second Request)(Expedited Consideration Requested) Plaintiffs' Opposition to Aetna's Motion for Extension of Time filed by Advanced Reimbursement Solutions LLC, Unknown Parties. (Attachments: #1 Exhibit Exhibit A - Decl - Lowden, #2 Exhibit Exhibit B - Decl - Tassa)(St Martin, Matthew)
December 17, 2019 Opinion or Order Filing 17 ORDER: Defendants have moved to extend their answer deadline. (Doc. #15 .) The motion indicates that Plaintiff has not stipulated to the request. If Plaintiff has an objection to the requested extension, it must file a written response to the motion by no later than 4:00 PM on 12/19/2019. Alternatively, if Plaintiff does not have a good faith objection to the requested extension, it may file a notice of non-opposition by the same deadline. Signed by Judge Douglas L Rayes on 12/17/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO)
December 16, 2019 Opinion or Order Filing 16 NOTICE of Errata re: #15 MOTION for Extension of Time to File Answer re: #1 Complaint Motion for Extension of Time to Respond to Complaint (Second Request)(Expedited Consideration Requested) by Defendants Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company.. (Attachments: #1 Exhibit A and B)(Beauchamp, Keith)
December 16, 2019 Opinion or Order Filing 15 MOTION for Extension of Time to File Answer re: #1 Complaint Motion for Extension of Time to Respond to Complaint (Second Request)(Expedited Consideration Requested) by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith)
December 16, 2019 Opinion or Order Remark: Pro hac vice motion(s) granted for Daron L Tooch on behalf of Plaintiffs Advanced Reimbursement Solutions LLC, Unknown Parties. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 13, 2019 Opinion or Order Filing 14 ORDER pursuant to #13 Stipulation for Extension of Time to Respond to Complaint: The deadline for Defendants to file their Answer or otherwise respond to the Complaint is extended through and including 12/23/2019. Signed by Judge Douglas L Rayes on 11/12/2019. (MMO)
November 12, 2019 Opinion or Order Filing 13 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Aetna Health Incorporated, Aetna Incorporated, Aetna Life Insurance Company. (Attachments: #1 Text of Proposed Order)(Beauchamp, Keith) *Modified to reflect correct event; attorney noticed on 11/13/2019 (SST).
November 6, 2019 Opinion or Order Remark: Out of state attorney Daron Tooch removed as counsel for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
November 1, 2019 Opinion or Order Filing 12 SERVICE EXECUTED filed by Advanced Reimbursement Solutions LLC, Unknown Parties: Certificate of Service re: Summons in a Civil Action, Complaint, Notice to All Parties-MIDPP, Notice of Availability of US Magistrate Judge, Order (ERISA case), General Order (17-08), MIDPP Checklist upon Aetna Life Insurance Company on 10/23/2019. (Witthoft, Sara)
November 1, 2019 Opinion or Order Filing 11 SERVICE EXECUTED filed by Advanced Reimbursement Solutions LLC, Unknown Parties: Certificate of Service re: Summons in a Civil Action, Complaint, Notice to All Parties-MIDPP, Notice of Availability of US Magistrate Judge, Order (ERISA case), General Order (17-08), MIDPP Checklist upon Aetna Incorporated on 10/23/2019. (Witthoft, Sara)
November 1, 2019 Opinion or Order Filing 10 SERVICE EXECUTED filed by Advanced Reimbursement Solutions LLC, Unknown Parties: Certificate of Service re: Summons in a Civil Action, Complaint, Notice to All Parties-MIDPP, Notice of Availability of US Magistrate Judge, Order (ERISA case), General Order (17-08), MIDPP Checklist upon Aetna Health Incorporated on 10/23/2019. (Witthoft, Sara)
October 31, 2019 Opinion or Order Filing 9 NOTICE TO FILER OF DEFICIENCY re: #8 Notice (Other) filed by Advanced Reimbursement Solutions LLC, Unknown Parties. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document signed by attorney Matthew St Martin but submitted using the log-in and password belonging to attorney Sara Witthoft. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. Please do not refile. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SST)
October 31, 2019 Opinion or Order Filing 8 *NOTICE re: Notice of Service of Order (ERISA Case) by Advanced Reimbursement Solutions LLC, Unknown Parties re: #7 Order re Rule 12(b) Motions . (Witthoft, Sara) *Modified to reflect Local Rule violations on 11/1/2019 (SST).
October 15, 2019 Opinion or Order Filing 7 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 10/15/2019. (MMO)
October 15, 2019 Opinion or Order Filing 6 NOTICE TO FILER OF DEFICIENCY re: Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MYE, )
October 15, 2019 Opinion or Order Filing 5 Summons Issued as to Aetna Life Insurance Company, Aetna Incorporated, and Aetna Health Incorporated. (Attachments: #1 Summons, #2 Summons)(MYE, ). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document.
October 12, 2019 Opinion or Order Filing 4 Filing fee paid, receipt number 0970-17512360. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: CV-19-5395-PHX-DLR. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE, )
October 12, 2019 Opinion or Order Filing 3 SUMMONS Submitted by Advanced Reimbursement Solutions LLC and Unknown Parties. (Witthoft, Sara) (Attachments: #1 Summons, #2 Summons)(MYE, )
October 12, 2019 Opinion or Order Filing 2 Corporate Disclosure Statement by Advanced Reimbursement Solutions LLC. (Witthoft, Sara) (MYE, )
October 12, 2019 Opinion or Order Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17512360 filed by Advanced Reimbursement Solutions LLC and Unknown Parties. (Witthoft, Sara) (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(MYE, )

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Search for this case: Advanced Reimbursement Solutions LLC et al v. Aetna Life Insurance Company et al
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Defendant: Unknown Parties
Represented By: Eric Bradley Boettcher
Represented By: Shelley Tolman
Represented By: Keith Beauchamp
Represented By: Jamie R Kurtz
Represented By: Jeffrey Sullivan Gleason
Represented By: Nathaniel J Moore
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Defendant: Aetna Health Incorporated
Represented By: Keith Beauchamp
Represented By: Eric Bradley Boettcher
Represented By: Jamie R Kurtz
Represented By: Jeffrey Sullivan Gleason
Represented By: Nathaniel J Moore
Represented By: Paul D Weller
Represented By: Randall Tietjen
Represented By: Shelley Tolman
Represented By: Aaron James Lockwood
Represented By: John Haynes Hansen
Represented By: Jon T Neumann
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Defendant: Aetna Life Insurance Company
Represented By: Keith Beauchamp
Represented By: Eric Bradley Boettcher
Represented By: Jamie R Kurtz
Represented By: Jeffrey Sullivan Gleason
Represented By: Nathaniel J Moore
Represented By: Paul D Weller
Represented By: Randall Tietjen
Represented By: Shelley Tolman
Represented By: Aaron James Lockwood
Represented By: Jon T Neumann
Represented By: John Haynes Hansen
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Defendant: Aetna Incorporated
Represented By: Keith Beauchamp
Represented By: Eric Bradley Boettcher
Represented By: Jamie R Kurtz
Represented By: Jeffrey Sullivan Gleason
Represented By: Nathaniel J Moore
Represented By: Paul D Weller
Represented By: Randall Tietjen
Represented By: Shelley Tolman
Represented By: Aaron James Lockwood
Represented By: John Haynes Hansen
Represented By: Jon T Neumann
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Counter defendant: Advanced Reimbursement Solutions LLC
Represented By: Matthew Tyler St Martin
Represented By: Sara Rebecca Witthoft
Represented By: Daron L Tooch
Represented By: David Joseph Tassa
Represented By: Vinay Kohli
Represented By: William Scott Cameron
Represented By: Hena Vora
Represented By: Stephen Paul Cummings, II
Represented By: Justin B Cohen
Represented By: Philip Jon Giles
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Counter defendant: American Surgical Development LLC
Represented By: Vinay Kohli
Represented By: Chris C Burris, II
Represented By: Philip Jon Giles
Represented By: Sara Rebecca Witthoft
Represented By: Stephen Paul Cummings, II
Represented By: Hena Vora
Represented By: Justin B Cohen
Represented By: Katie Harris
Represented By: Matthew Tyler St Martin
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Counter defendant: North Phoenix OTC LLC
Represented By: Brendan Andrew Murphy
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Counter defendant: NorthView Pain Treatment Center PLLC
Represented By: Bradley Steven Shelts
Represented By: Nathan Boyd Anderson
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Counter defendant: West Valley OTC LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: Alliance Pain Solutions LLC
Represented By: Bradley Steven Shelts
Represented By: Nathan Boyd Anderson
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Counter defendant: Arizona Pain Ventures LLC
Represented By: Dan W Goldfine
Represented By: Mary Katherine Mullen
Represented By: Matthew D Knepper
Represented By: Jessica Ivy Brown
Represented By: Aaron J Chickos
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Counter defendant: Valley Pain Centers LLC
Represented By: Devin Sreecharana
Represented By: Kathleen Anne Shaffer
Represented By: Philip G May
Represented By: Justin Robert DePaul
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Counter defendant: Metro OTC LLC
Represented By: Brendan Andrew Murphy
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Counter defendant: Valley Pain Centers of Arizona LLC
Represented By: Devin Sreecharana
Represented By: Kathleen Anne Shaffer
Represented By: Philip G May
Represented By: Justin Robert DePaul
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Counter defendant: AZ Pain Solutions LLC
Represented By: Lauren Ann Crawford
Represented By: Robert J Itri
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Counter defendant: Lakeshore Interventional Treatment Center LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: Arrowhead Outpatient Treatment Center LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: Avonhealth LLC
Represented By: Stephen Brower
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Counter defendant: Desert Ridge Facility LLC
Represented By: Dan W Goldfine
Represented By: Mary Katherine Mullen
Represented By: Matthew D Knepper
Represented By: Jessica Ivy Brown
Represented By: Aaron J Chickos
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Counter defendant: Gilbert Facility Group LLC
Represented By: Brendan Andrew Murphy
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Counter defendant: Mesa Outpatient Treatment Center LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: North Valley Pain Center PLLC
Represented By: M Brent Peugnet
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Counter defendant: Phoenix Pain Treatment Centers PLLC
Represented By: Philip Jon Giles
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Counter defendant: Surprise Facility Group LLC
Represented By: Brendan Andrew Murphy
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Counter defendant: Tempe Outpatient Treatment Center LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: Valley Pain Centers of Peoria LLC
Represented By: Devin Sreecharana
Represented By: Kathleen Anne Shaffer
Represented By: Philip G May
Represented By: Justin Robert DePaul
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Counter defendant: Pain Treatment Center of Tempe PLLC
Represented By: Bradley Steven Shelts
Represented By: Nathan Boyd Anderson
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Counter defendant: Tempe Interventional Treatment Center LLC
Represented By: Justin Vincent Niedzialek
Represented By: Stephen Brower
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Counter defendant: Valley Pain Intervention Center LLC
Represented By: Bradley Steven Shelts
Represented By: Nathan Boyd Anderson
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Counter defendant: Uptown Facility LLC
Represented By: Brendan Andrew Murphy
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Counter defendant: Doctors Outpatient Surgery Center LLC
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Counter defendant: AZ Surgical Center LLC
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Counter defendant: Gregory B Maxon Maldonado
Represented By: Benjamin J Fox
Represented By: Brian R Michael
Represented By: Rachel Simon Feldman
Represented By: Gregory B Koltun
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Counter defendant: Sean Maldonado
Represented By: Jared Lynn Sutton
Represented By: Randall Papetti
Represented By: Robert H McKirgan
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Counter defendant: James Allen
Represented By: Fredric M Winocur
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Counter defendant: Thomas Moshiri
Represented By: BriAnne Nichole Illich Meeds
Represented By: Joseph Nathaniel Roth
Represented By: Timothy J Eckstein
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Counter defendant: Roger Walker
Represented By: Kathleen Anne Shaffer
Represented By: Philip G May
Represented By: Devin Sreecharana
Represented By: Justin Robert DePaul
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Counter defendant: Jeffrey Lynn
Represented By: Justin Robert DePaul
Represented By: Kathleen Anne Shaffer
Represented By: Philip G May
Represented By: Devin Sreecharana
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Counter defendant: Shawn Vigneau
Represented By: Justin Vincent Niedzialek
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Counter defendant: Eric Church
Represented By: Dmitry Shifrin
Represented By: Michelle Marie Buckley
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Counter defendant: Jeremy Buckner
Represented By: Justin Vincent Niedzialek
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Petitioner: Jon Tanner
Represented By: Katharine Allison Myers
Represented By: Stephen M Dichter
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