Whitley v. Baptist Health et al
Plaintiff: Brian Whitley
Defendant: 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
Case Number: 4:2016cv00624
Filed: August 30, 2016
Court: US District Court for the Eastern District of Arkansas
Office: Little Rock Office
County: Pulaski
Presiding Judge: D. P. Marshall
Nature of Suit: Contract: Other
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
November 5, 2020 Opinion or Order 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)
October 29, 2020 Opinion or Order 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)
August 7, 2020 Opinion or Order 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)
June 9, 2020 Opinion or Order 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)
May 15, 2020 Opinion or Order 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)
April 29, 2020 Opinion or Order 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)
April 27, 2020 Opinion or Order 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)
April 23, 2020 Opinion or Order 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)
January 22, 2020 Opinion or Order Filing 149 SECOND AMENDED AGREED PROTECTIVE ORDER. Signed by Chief Judge D. P. Marshall Jr. on 1/22/2020. (jak)
December 19, 2019 Opinion or Order 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)
October 25, 2019 Opinion or Order 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)
September 13, 2019 Opinion or Order 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)
August 5, 2019 Opinion or Order 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)
April 30, 2019 Opinion or Order 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)
April 3, 2019 Opinion or Order 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)
March 15, 2019 Opinion or Order Filing 102 AMENDED AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 3/15/2019. (jak)
August 6, 2018 Opinion or Order 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)
February 13, 2018 Opinion or Order 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)
January 29, 2018 Opinion or Order 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)
January 4, 2018 Opinion or Order 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)
August 15, 2017 Opinion or Order Filing 55 AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 8/15/2017. (jak)
June 13, 2017 Opinion or Order 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)
November 1, 2016 Opinion or Order 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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Search for this case: Whitley v. Baptist Health et al
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Plaintiff: Brian Whitley
Represented By: Frank H. Bailey
Represented By: Donald K. Campbell, III
Represented By: Kendel W. Grooms
Represented By: Geoff Hamby
Represented By: Erik S. Heninger
Represented By: Jeffrey P. Leonard
Represented By: Sach D. Oliver
Represented By: Timothy Ryan Scott
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Defendant: Baptist Health
Represented By: Robert L. Henry, III
Represented By: James D. Robertson
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Defendant: Baptist Health Hospitals
Represented By: Robert L. Henry, III
Represented By: James D. Robertson
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Defendant: Diamond Risk Insurance LLC
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Defendant: Continental Casualty Company
Represented By: David P. Glover
Represented By: David Chan Jung
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Defendant: Admiral Insurance Company
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Defendant: Admiral Indemnity Company
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Defendant: Ironshore Indemnity Inc
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Defendant: Ironshore Specialty Insurance Company
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