Whitley v. Baptist Health et al
| Brian Whitley |
| Baptist Health, Baptist Health Hospitals, Diamond Risk Insurance LLC, Continental Casualty Company, Admiral Insurance Company, Admiral Indemnity Company, Ironshore Indemnity Inc and Ironshore Specialty Insurance Company |
| 4:2016cv00624 |
| August 30, 2016 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| Pulaski |
| D. P. Marshall |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition For Removal--Other Contract |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
335
ORDER denying without prejudice for lack of jurisdiction the embedded request 320 at 13-16 to vacate certain Orders in the wake of the parties' settlement. Signed by Judge D. P. Marshall Jr. on 1/31/2024. (jak)
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Filing
327
JUDGMENT: The amended complaint is dismissed with prejudice. This Court, however, reserves and retains jurisdiction until 5/13/2023 to enforce the parties' settlement and to address Baptist's pending request to vacate certain Orders. Signed by Chief Judge D. P. Marshall Jr. on 11/8/2022. (jak)
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Filing
322
ORDER pursuant to General Order 54, the Court authorizes Jeffrey Leonard, T. Ryan Scott, Donald Campbell, III, Patrick Young, Robert Henry, III, James Robertson, and Adam Franks to bring a cell phone, laptop computer, or personal digital assistant into the Little Rock Federal Courthouse on 11/7/2022 for a hearing in this case. Signed by Chief Judge D. P. Marshall Jr. on 10/26/2022. (jak)
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Filing
312
ORDER: The Court has identified Monday, 11/7/2022 at 1:30 p.m. CDT as a likely date for the fairness hearing. It would be in Little Rock courtroom 1A. With that date in mind, the Court has revised the parties proposed Order granting preliminary appr oval and permitting notice to the requested new settlement class. Please review the Courts attached draft. Any objections or further revisions to the Court's proposed Order are due by 7/18/2022. If the parties approve of the Court's proposed timeline, please update the notice, claim form, and summary notice accordingly with the agreed dates and send revised drafts to chambers email (in Word). Signed by Chief Judge D. P. Marshall Jr. on 7/11/2022. (jak)
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Filing
293
ORDER: The Court appreciates the joint status report, 291 , and the confidential settlement correspondence 292 . The parties have reached an agreement in principle. The Court respectfully suggests to the Court of Appeals that, while retaining juris diction, it remand to this Court for the limited purpose of considering whether the parties' imminent motion to approve their settlement passes Federal Rule of Civil Procedure 23 muster. Subject to the parties' views, and acknowledging the Court of Appeals' authority to decide the schedule, this Court believes a ninety day period should suffice for the Rule 23 review. Assuming this limited remand, this Court hopes the motion to approve could be filed no later than 12/17/2021. Bapt ist's motion, Doc. 282 , would be partly granted and partly denied as specified. Whitley's motion, Doc. 285 , would be denied because no settlement facilitator is needed, the parties having come back together on their own. Signed by Chief Judge D. P. Marshall Jr. on 11/22/2021. (jak)
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Filing
265
ORDER granting in part and denying in part Motions 263 and 264 . The Court's Orders granting judgment as a matter of law on liability in Whitley's favor and denying reconsideration, Doc. 243 & 260 , are certified for the Court of Appeals to decide whether to accept a § 1292(b) interlocutory appeal. Signed by Chief Judge D. P. Marshall Jr. on 01/29/2021. (wbb)
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Filing
262
ORDER: The Court held a status conference today with counsel and resolved the claim form issues. Whitley will take the lead on the revised form for review by Baptist. Any motion by Whitley to take an interlocutory appeal is due by 11/18/2020. Any responding request from Baptist is due by 11/25/2020. Signed by Chief Judge D. P. Marshall Jr. on 11/5/2020. (jak)
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Filing
260
ORDER granting Baptist's request for a status conference. The Court will hold it in courtroom B155 in Little Rock at 1:00 p.m. on 11/5/2020. Motions 234 , 247 , and 251 are denied. The Court endorses the parties' sound suggestion to defer the payment-damages depositions until after claims are received. We will also discuss the schedule from here on at the status conference. Signed by Chief Judge D. P. Marshall Jr. on 10/29/2020. (jak)
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Filing
243
ORDER granting 226 Motion and embedded 227 Motion. Responses, 226 -1 and 227 -1 deemed filed. The current class definition 193 at 4 stands - with some clarifications prompted by the recent briefing. The clarified class definition is in Append ix A. Baptist must file the June 18th spreadsheet under seal in digital format, and provide courtesy digital and paper copies to chambers. The September trial is cancelled and the 146 Second Amended Final Scheduling Order is suspended. The motions in limine, 225 , 228 , 230 , 236 , 238 , 240 , and 242 are denied without prejudice as moot. Baptist's deposition-designation objections, 232 are likewise overruled without prejudice as moot. Status report due by 9/18/2020 regarding depositions. Joint proposed claim form due by 9/30/2020. A Third Amended Final Scheduling Order will issue. Signed by Chief Judge D. P. Marshall Jr. on 8/7/2020. (jak)
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Filing
207
ORDER pursuant to General Order 54, the Court authorizes Ryan Scott, Jeff Leonard, and Don Campbell to bring a cell phone laptop computer or personal digital assistant into the Jonesboro Federal Building on 6/12/2020 for a hearing in this case. Signed by Chief Judge D. P. Marshall Jr. on 6/9/2020. (jak)
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Filing
193
ORDER modifying the class definition as stated in this Order. The Court appreciates the parties' prompt and focused briefs. Signed by Chief Judge D. P. Marshall Jr. on 5/15/2020. (jak)
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Filing
185
ORDER pursuant to General Order 54, the Court authorized Ryan Scott, Sach Oliver, Jeff Leornard, and Don Campbell to bring a cell phone, laptop computer, or personal digital assistant into the U.S. Courthouse in Little Rock on 5/8/2020 for a hearing in this case. Signed by Chief Judge D. P. Marshall Jr. on 4/29/2020. (jak)
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Filing
182
ORDER granting 173 Motion. Sur-reply, Doc 173 -1, deemed filed. Signed by Chief Judge D. P. Marshall Jr. on 4/27/2020. (jak)
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Filing
181
ORDER resetting the 5/8/2020 hearing for 8:30 a.m. to accommodate full argument on the many pending issues. The location is moved to Courtroom 1A in Little Rock. The Court directs the parties not to file any more new motions before the 5/8/2020 hearing. Signed by Chief Judge D. P. Marshall Jr. on 4/23/2020. (jak)
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Filing
149
SECOND AMENDED AGREED PROTECTIVE ORDER. Signed by Chief Judge D. P. Marshall Jr. on 1/22/2020. (jak)
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Filing
145
ORDER: Joint report 144 noted. Proposed notices due as soon as practicable and no later than 1/10/2020. If the Agreed Protected Order 55 needs modification to be HIPPA compliant, please proposed a revised Order by 1/10/2020, too. Signed by Chief Judge D. P. Marshall Jr. on 12/19/2019. (jak)
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Filing
143
ORDER partly granting and partly denying with instructions 139 Motion to stay discovery. Signed by Chief Judge D. P. Marshall Jr. on 10/25/2019. (jak)
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Filing
138
MEMORANDUM OPINION AND ORDER granting in part and denying in part 116 Baptist's motion for summary judgment; granting in part as modified and denying in part 120 Whitley's motion for class certification; directing the parties to do so me targeted discovery to provide the Court a firmer number on class size; and directing the parties to confer and make a proposal about the form, substance, and method of notice. Joint report due 11/15/2019, and a Second Amended Final Scheduling Order will issue. Signed by Chief Judge D. P. Marshall Jr. on 9/13/19. (ajt)
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Filing
136
ORDER pursuant to General Order 54, the Court authorizes Timothy Ryan Scott, Sach D. Oliver, Robert "Skip" Henry, and Jeff Leonard to bring a cell phone, laptop computer, or personal digital assistant into the U.S. Courthouse in Little Rock on 8/5/2019 for a hearing in this case. Signed by Chief Judge D. P. Marshall Jr. on 8/5/2019. (jak)
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Filing
112
ORDER: Whitley is not entitled to have the accounts' work audited, or otherwise root around in their work as consulting experts. Whitley's requested discovery about provider agreements connected with that Medicaid-related program (Arkansas 's private option) is too far afield. The Court approves counsel's recent agreement about providing patient contact information for class members - if the Court certifies a class. 111 Joint report addressed. Signed by Judge D. P. Marshall Jr. on 4/30/2019. (jak)
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Filing
110
ORDER denying 106 motion to quash without prejudice. If no agreement is reached, please file a joint report of discovery dispute, No. 94 at 3-4, not a motion to compel or quash. Signed by Judge D. P. Marshall Jr. on 4/3/2019. (jak)
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Filing
102
AMENDED AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 3/15/2019. (jak)
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Filing
93
ORDER denying without prejudice 71 Motion. Amended complaint with a refined class definition, and clarified claims, due by 9/7/2018. The stay of class discovery is lifted. Amended Scheduling Order will issue. 92 Motion for a new schedule is denied as moot. Signed by Judge D. P. Marshall Jr. on 8/6/2018. (jak)
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Filing
70
ORDER: 69 Joint report with embedded request for clarification noted. The Court will revisit the discovery issues, if need be, after the briefing on Whitley's standing and claim. Signed by Judge D. P. Marshall Jr. on 2/13/2018. (jak)
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Filing
68
ORDER: The Court appreciates the parties' 64 and 65 supplemental briefing. 56 Motion for summary judgment is denied without prejudice. 66 Motion to stay pending a decision on the summary judgment motion is partly denied and partly granted. The Baptist entities must produce to Whitely their provider (or similar) agreements with QualChoice and its affiliates that were in effect when Whitley was treated by 2/15/2018. Signed by Judge D. P. Marshall Jr. on 1/29/2018. (jak)
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Filing
63
ORDER: Baptist Defendants' 56 Motion is converted into one for summary judgment. The Court needs more briefing before it can decide the motion. Simultaneous supplemental briefs due on 1/19/2018. Any party may present any additional material pertinent to the motion by the same date. Signed by Judge D. P. Marshall Jr. on 1/4/2018. (jak)
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Filing
55
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 8/15/2017. (jak)
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Filing
41
ORDER: The Court has received the Judgments and Mandates from the Court of Appeals, 32 , 33 , 34 , & 40 . The Court stands by an reinstates part of its vacated 24 Order. On reconsideration, the Court concludes that it decided the ERISA issues, the basic CAFA jurisdictional requirements, and the local controversy exception correctly. But the Court swung and missed on the citizenship/residence issue. Whitley's motion to remand and all related papers, 11 , 12 , 15 , 16 , 20 , and 23 , are reinstated. And the motion is denied: this Court has subject matter jurisdiction, and Whitley's case will stay here. An Initial Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 6/13/2017. (jak)
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Filing
22
ORDER granting reluctantly 21 Motion to file sur-reply. Sur-reply due by 11/8/2016. The Court establishes the following rules for future briefing: No main brief shall exceed 20 pages, no reply brief shall exceed 10 pages, no new facts or arguments submitted on reply will be considered by the Court, no sur-replies will be allowed, and all briefs must be in 14-point font or larger, with a minimum of substantive footnotes. Signed by Judge D. P. Marshall Jr. on 11/1/2016. (jak)
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