Almont Ambulatory Surgery Center LLC et al v. UnitedHealth Group Inc et al
Plaintiff: West Hills Surgery Center LLC, San Joaquin Valley Surgery Center LLC, Palmdale Surgery Center LLC, Valencia Ambulatory Surgery Center LLC, Almont Ambulatory Surgery Center LLC, New Life Surgery Center LLC, Independent Medical Services Inc, Ciro Surgery Center LLC, Skin Cancer & Reconstructive Surgery Specialist of Beverly Hills Inc, Orange Grove Surgery Center LLC, San Diego Ambulatory Surgery Center LLC, Modern Institute of Plastic Surgery & Antiaging Inc, Bakerfield Surgery Institute LLC, East Bay Ambulatory Surgery LLC and New Life Surgery Center LLC a California limited liability company doing business as Beverly Hills Surgery Center
Defendant: Wolverine Worldwide Flexible Spending Account Plan, Monrovia Nursery Company Employee Benefit Plan, Future Electronics Corp., Ikaria Research, Inc., Commmunity Development Institute Head Start, Polyair Corporation Flexible Benefits Plan, Pfizer, Inc., Diageo North America, Inc. Medical Care and Life Insurance Plan for Salaried and Retired Emmployees, Sally Beauty Holdings, Inc., Avery Dennison Corporation, L Brands, Inc., BWAY Corporation, Darden Group Life and Health Benefit Plan for Salaried Employees, The Interpublic Medical and Dental Plan, Velocity Express, LLC, Verizon Communications, Inc., Plains All American GP LLC Employee Benefit Plan, Tech Data Corporation, TTX Company, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Air Liquide USA LLC, Anheuser-Busch Companies LLC, GlaxoSmithKline, LLC, Five Star Quality Care-CA, Inc., Univision Communcations, Inc., Wipro Health and Welfare Plan, Edison International Welfare Benefit Plan Number Two, Sunstate Equipment Co., LLC, Tire Centers, LLC Employee Benefit Plan, Jones Lang Lasalle Group Benefits Plan, Orange County Container Group Medical Plan, US Airways, Inc. Health Benefit Plan, Dr. Pepper Snapple Group, Inc., Rush Truck Centers of California, Inc., Rexnord Industries, LLC, Brighthouse, Inc., International Speedway Corporation, Kinetics Concepts Inc. Employee Benefits Trust, Interstate Hotels & Resorts Benefits Program, Hewlett-Packard Company Health Maintenance Organization Program, General Parts, Inc., GAP Inc. Health and Life Plan, LA-Z-BOY Incorporated, Vericrest Financial, Inc. Welfare and Benefits Plan, Monavie, LLC, Apple American Group LLC Section 125 Plan, Does 1 through 10, inclusive, W.W. Grainger Inc. Group Benefit Plan II, Amplan, The Amtrak Union Benefits Plan, Delta Family-Care Medical Plan, Founders Healthcare, LLC Preferred Homecare Employee Benefit Plan, Union Bank Health Benefit Plan, MAKO Surgical Corp., Centrix Group Hospital Plan, Boston Market Corporation Health and Welfare Plan, Onward Healthcare, Inc., S & A Computer Services, Inc., Georg Fischer Employee Benefit Plan, Estee Lauder, Inc., Jack in the Box, Inc. Crew Employees Health & Welfare Plan, Finra Dispute Resolution, Inc., Alcon Laboratories Inc. Voluntary Employees Beneficiary Association Trust, WorleyParsons Corporation, CNA Financial Corporation Health and Group Benefits Program, DGA-Producers Pension and Health Plans, Inc., Santander Consumer USA, Inc., Park Electrochemical Corp. Employee Health & Life Benefit Plan, Nestle Waters North America Holdings Group Benefits Plan, Williams-Sonoma Stores, Inc., Teijin Holdings USA, Inc., DHL Express, Inc., Anixter Inc. Group Insurance, Seasons Hospice Flexible Benefit Plan, U.S. Logistics, Inc. Health and Dental, Enterprise Holdings Hospital Insurance Plan, Fidelity Group Employees Medical, Dental and Cafeteria Plan, Payless Shoesource, Inc., Nestle USA, Inc., Rite Aid Corporation Health Insurance Plan, Employee Benefit Plan of the Compass Group USA, Inc., Linde North America, Inc. Insurance Plan, Wal-Mart Stores, Inc. Associates Health and Welfare Plan, DellaCamera Capital Management, LLC Health and Welfare Plan, Apollo Health Street Welfare Benefit Plan, We're Ready To Assemble, INX International Ink Co., Medco Health Solutions, Inc., Ensign United States Drilling, Inc., Belmont Village LP HealthCare Benefits Plan, Best Medical International Inc, Whirlpool Corporation, Aera Energy Services Company Medical Benefits Plan, Novartis Pharmaceuticals Corp. Welfare Benefits Plan, May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Informa USA, Inc. and Subsidiaries Insurance Plan, McMaster-Carr Supply Company, UPM-Raflatac, Inc. Health and Welfare Benefit Plan, Conmed Corporation, Group Benefits Plan For Employees of Parsons Corporation & Designated Subsidiaries, J.P. Morgan Chase National Corporate Services Inc., Landry's Medical Benefit Plan, Pharmaceutical Product Development, LLC, Univision Welfare Benefits Plan, Court Business Services Corporation Group Insurance Plan, S and A Computer Services Welfare Benefit Plan, Caliber Home Loans, Inc., Epson America Inc. Group Plan, TestAmerica Employye Benefits Plan, Aera Energy Services Company, The Proctor & Gamble Health Care Plan, Tribune Company, SourceHov, LLC, Perot Systems Corporation Health Wrap Plan, T-Mobile USA, Inc. Employee Benefit Plan, Community Development Institute Group Medical, Dental & Life Insurance for Employees, Optuminsight Inc., Phibro Animal Health Corporation Health and Benefit Plan, Loomis Armored US, LLC, US Auto Parts Network Inc. Health and Welfare Benefit Plan, Fidelity Brokerage Services, LLC, Commscope Welfare Benefit Plan, Safran USA, Inc., AT&T Umbrella Benefit Plan, The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, Westways Staffing Services, Inc., Trinet HR Corporation, Ardent Services, LLC Medical Plan, Medco Health Solutions, Inc. Welfare Benefit Plan, Loomis Health & Welfare Plan, The BMS Enterprises Inc. Plan, The Converse Professional Group, Rite Aid Corporation, INX International Group Medical/Dental Plan, Pentair, Inc. Active Employee Welfare Plan, Xeta Technologies, Inc., Petsmart Smartchoices Benefit Plan, Leavitt Group Agency Association, Quantum Corporation Health and Welfare Plan, Raytheon Company, Devry Inc. Welfare Benefit Plan, Devry, Inc., Zale Corporation, Hewlett-Packard Company, Boeing North American Employee Health Plan, Aegon USA LLC, Pechiney Plastic Packaging, Inc., Tire Centers, LLC, Red Wing Shoe Company Flexible Benefit Plan, Dollar Thrifty Automotive Group, Inc. Welfare Benefit Plan, Target Corporation, The Gap, Inc., Bausch & Lomb Comprehensive Medical Plan, Court Business Services Corporation, Apartment Management Consultants LLC, TTX Company Group and Health Plan, G6 Hospitality Group Insurance Plan Actavis Inc, Intelsat Corporation, CNA Financial Corporation, Conmed Corporation Healthcare Plan, Advance/Newhouse Parternership, Schneider National, Inc., Smurfit Kappa Orange County, LLC, Biomed Realty L.P., Jacobs Engineering Group, Inc. Employee Group Insurance Plan, Rural Metro Corporation Employee Benefit Plan, Fiserv, Inc., Phibro Animal Health Corporation, NRC Payroll Management, LLC, Covidien, LP, WSA Group, TGI Friday's, Inc., Sodexo, Inc. Medical Benefits Plan, Bayside Management CompanyLLC Employee Benefit Plan, Alta Resources Corp. Plan, Playboy Health Benefit Plan, DHL Worlwide Express Group Insurance Plan, Dr. Pepper Snapple Group, Inc. Health Plan, Anheuser-Busch Employees Benefit Trust, Deloitte &Touche Group Insurance Plan, The Arora Group, Inc., APL Limited, Chevron Corporation Omnibus Health Care Plan, Telaid Group Health Plan, The Brinks Company Comprehensive Health and Welfare Plan, Nursefinders, Inc., Welfare Benefit Plan for Employees of Precyse Solutions LLC, The Hain Celestial Group, Inc., Rexam, Inc., Group Benefits Plan for Employees of WorleyParsons Corporation, Unitedhealth Group Employee Health Benefit Plan, Diageo North America, Inc., BBA Aviation USA Inc., Five Star Quality Care, Gevity HR Inc. Section 125 Plan, Monrovia Nursery Company, United Airlines Consolidated Welfare Benefit Plan, Stein, Mart, Inc., Gap, Inc., Altegrity Inc, Oberthur Technologies of America Corp., Essilor of America, Inc. Employer Welfare Benefit Plan, Raytheon Health Benefits Plan, ING North America Insurance Corporation, Ingram Micro Inc. Health & Welfare Plan, Rainbow USA, Inc., Cognizant Health & Welfare Benefit Plan, Level 3 Communications, LLC, Paetec Holding Corp. Health Care-Medical, BMS Enterprises, Inc., Southwest Airlines Co., Seasons Hospice & Palliative Care of California, Inc., APL Limited Medical Welfare Benefit Plan, Alta Resources Corp, Alcatel-Lucent USA Inc, BUPA Worldwide Corporation Health & Beneifts Plan, Apollo Health Street Inc, Fox Entertainment Group, Inc., PPS Holdings, Inc., Ecolab, Inc., Red Wing Shoe Company, Inc., Producers' Health Benefits Plan, Mocean, LLC, T-Mobile USA, Inc., Experian Information Solutions, Inc., Berry Petroleum Company, Apple Inc. Health and Welfare Benefit Plan, Southwest Gas Corporation, Time Warner Cable, Inc., NEC Corporation of America, The McGraw-Hill Companies, Inc. Group Health Plan, Expressjet Airlines, Inc. Consolidated Welfare Benefit Plan, Wells Fargo & Company, Limited Brands, Inc. Health and Welfare Benefits Plan, Larson-Juhl US, LLC, Via Technologies, Inc., Tucker Ellis & West LLP Welfare Benefit Plan, Group Insurance Plan Hourly and Salaried Employees of Parker Hannifin Corp., CDI Group Welfare Plan, Osram Sylvania, Inc., Healthcare Partners Medical Group, Inc., Darden Restaurants, Inc., Cytec Industries Inc. Health and Welfare Plan, Sedgwick Claims Management Services. Welfare Benefit Plan, Acushnet Company, Express Messenger Systems, Inc., Sleep Innovations, Inc., Expressjet Airlines, Inc., Southwest Airlines Co. Welfare Benefit Plan, Accenture LLP, Hertz Custom Benefit Program, Volt Information Sciences, Inc., GTech Corporation, U.S. Nursing Corporation, GAF Materials Corporation Welfare Benefit Plan, Fugate Enterprises Employee Welfare Benefit Plan, Park Electrochemical Corp., Sedgwick Claims Management Services, Inc., Siemens Corporation Group Life, Hoffman-La Roche, Inc., Aegon Companies Flexible Benefits Plan, McNichols Company Health Benefit Plan, Denso Sales California, Inc. Group Life, Accident, Medical & Dental Insurance, Great-West Life & Ann Ins Flexible Benefit Plan, Automatic Data Processing Inc., Mountain Valley Express Co., Inc., Barnes & Noble Inc., Monavie, LLC Fringe Benefit Plan, Whole Foods Market, Inc. Cafeteria Plan, Telecare Corporation, The JPmorgan Chase Health & Protection Plan for Active Employees, Environmental Systems Research Institute, Inc., Flextronics International USA, Inc., UPM Raflatac, Inc., The ServiceMaster Health & Welfare Benefits Plan, Istant Web Inc. and Subsidiary Medical Benefit Plan, Ferragamo USA, Inc., Viacom Health Plan, Perkins Flexible Benefits Plan, Whirlpool Corporation Group Benefit Plan, Nike, Inc. Group Insurance Plan, Tech Data Corporation Employee Welfare Benefits Plan, Precyse Solutions, Inc., Holdings Inc Welfare Health Life & Accidental Death & Dismemberment Plans, Allstate Cafeteria Plan, Foot Locker Retail, Inc., Welfare Trust for G4S Secure Solutions USA Inc. and Affiliates, Sorrento Capital, Inc., Fiserv, Inc. Welfare Benefit Plan, Multiplan, Inc., UnitedHealth Group Inc, Electrograph Systems, Inc., Proctor & Gamble RHD, Inc., Fugate Aviation, Inc., National Mentor Holdings, LLC Flexible Benefit Plan, AARP Employees Welfare Plan, GF Health Products Inc., Union Pacific Railroad Company, Yum! Brands, Inc. Restraurant Employees Group Insurance Plan, Cingular Wireless Medical Plus Plan, Parsons Corporation, Station Casinos, Inc., Bennett International Group, LLC, Toshiba America Inc. Group Welfare Benefit Plan, Novartis Pharmaceuticals Corporation, Door to Door Storage, Inc., Nursefinders, LLC, Altegrity Inc. Health & Welfare Plan, Founders Healthcare, LLC, Baker Hughes Incorporated Welfare Benefits Plan, Buca Restaurants 2, Inc., Progressive Logistics Services, LLC Medical & Life Insurance Benefits Plan, International Aluminum Corporation Health and Welfare Plans, Panalpina, Inc., Larson-Juhl US LLC Welfare Plan, National Captioning Institute, Inc., Polyair Corporation, National Railroad Passenger Corporation, Jack in the Box, Inc., Windstream Corporation, Saddle Creek Corporation, NCH Corporation, Bennett Motor Express Management Employee Benefit Plan, Tucker Ellis, LLP, Charming Shoppes, Inc., The Travelers Trusteed Employee Benefit PLan, U.S. Auto Parts Network, Inc., Olin Corporation, UnitedHealthCare Insurance Company, Apple Inc, Tribune Company Benefit Program, Old Dominion Employee Benefit Plan, Buckeye Technologies Inc, Electrograph Systems Health and Welfare Plan, Kelly Mitchell Group, Inc., Discovery Communications Welfare Benefit Plan, Alcan Salaried Welfare Benefits Program, DS Waters of America, Inc. Health and Welfare Plan, BBA Aviation Benefit Plan, Whole Foods Market California, Inc., Mako Surgical Corp Health and Welfare Plan, Ernst & Young, LLP, Urban Decay Cosmetics Health and Welfare Plan, Experian Information Solutions, Inc. Health and Welfare Plan, Target Corporation Employee Umbrella Trusteed Benefit Plan, McMaster-Carr Supply Company Group Insurance Program, The Shaw Group, Inc. Employee Welfare Plan, Ryder System, Inc. Flexible Benefits Plan, NetApp, Inc. Group Health Plan, Flextronics Employee Benefits Plan, Hugo Boss USA Inc. Wrap Welfare Benefits Plan, Ryder Systems Corporation, Credit Agricole Cheuvreux North America, Inc., Saia Motor Freight Line LLC Employee Preferred Provider Plan, Midamerican Energy Company, Fresenius Kabi USA EE Benefit Plan, Deere & Company, Rural/Metro Corporation, Building Materials Corporation of America, PSC, LLC Group Welfare Benefits Plan, GlaxoSmithKline Health and Welfare Benefits Plan for US Employees, Safran USA, Inc. Cafeteria Plan, Huhtamaki Americas, Inc. Group Insurance Plan, Via Technologies, Inc. Health and Welfare Plan, Danaher Corporation, PSN USA Holdings, Inc. Welfare Benefit Plan, Fresenius Kabi USA, LLC, Edward D. Jones & Co., LP, Wal-Mart Stores, Inc., Oberthur Technologies of America Corp. Group Benefits Plan, American International Group Inc. Medical Plan, ING Americas Welfare Benefits Plan, Linde North America, Inc., Georgia-Pacific LLC, International Inc, GTech Corporation Participant Benefit Plan, Diageo North America, Inc. Medical Care and Life Insurance Plan for Hourly and Retired Employees, Becton, Dickinson and Company Group Life and Health Plan, Polycom, Inc. Flexible Spending Account Plan, Burberry Limited Health Plan, Baker Hughes Incorporated, Avery Dennison Corporation Health and Welfare Plan, Bayside Management Company LLC, Mission Linen Supply Group Health, MISA Group Benefit Plans, Petco Animal Supplies, Inc., Rexnord Welfare Plan, IMortgage.com. Inc., The BMS Enterprises Inc, Apple American Group LLC, The Turner Corporation, Calibre Inc, The Clorox Company, SourceHov, LLC Health and Welfare Benefit Plan, Global Mail, Inc., Intelsat Group Welfare Benefits Plan, Apartment Management Consultants Benefits Plan, PSI Services, LLC Health and Welfare Benefits Plan, Group Insurance Plan for Employees of NEC and Affiliates, General Electric Company, Kelly Mitchell Group Inc. Medical Plan, L'Oreal USA, Inc. Comprehensive Medical Plan, John Deere Flexible Benefits Plan, Integra Lifesciences Corporation, Drivetime Welfare Benefit Plan, Velocity Express LLC Flexible Benefits Plan, Telaid Industries, Inc., Stryker Corporation Welfare Benefits Plan, Skywest Airlines, Inc., OCLC Employee Welfare Benefit Plan, Silverado Senior Living Holdings, Inc., Perkins & Marie Callender's LLC, Prime Administration LLC Consolidated Health & Welfare Plan, Sorrento Capital Welfare Benefits Plan, Neff Rental, LLC, The Coca-Cola Company, National Financial Partners Corp., International Paper Group Insurance Plan, National Medical Care Inc, CEC Entertainment Welfare Benefit Plan, Insperity Group Health Plan, Conesys Employee Benefit Plan, Urban Decay Cosmetics, LLC, Danaher Corporation & Subsidiaries Medical Plan, Black Box Network Services Inc, Pharmaceutical Product Development, LLC Welfare Benefit Plan, Myriad Genetics, Inc., Air Liquide USA LLC Group Benefits Plan, Medegen Welfare Benefit Plan, Select Staffing-Flexible Benefits Plan, Epson America, Inc., Protection One Alarm Monitoring, Inc., Finra Employee Group Medical, Alcatel-Lucent Retiree Welfare Benefits Plan, BWAY Corporation Comprehensive Medical Plan, Hogg Robinson USA, LLC, Buckeye Technologies Comprehensive Health Care Plan, Systems Application & Technologies, Inc., Silverado Senior Living Holdings, Inc. Welfare Benefits Plan, Kinetic Concepts, Inc., General Parts, Inc. Employee Benefits Plan Medical Insurance, Providence Service Corporation Health Benefits Plan, Accenture United States Group Health Plan, Wynright Welfare Benefit Plan, BMS Enterprises, Inc. Employee Injury Benefit Plan, CBS Health and Welfare Benefits Plan, Sodexo, Inc., Emcor Group, Inc., Actavis Health and Welfare Plan, Nationstar Mortgage, LLC, Barnes & Noble Inc. Comprehensive Medical and Dental Plan, Comfort Systems USA Health & Welfare Plan, Towers Watson & Co, Discovery Communications, LLC, Central Parking System, Ernst & Young Medical Plan, Drivetime Automotive Group, Inc., Citigroup Health Benefit Plan, Honeywell International, Inc., The Children's Place Retail Stores, Inc., Altura Credit Union, CH Robinson Company Group Health Major Medical Plan, Neff Rental LLC Health & Welfare Plan, Mountain Valley Express Co. Inc. Welfare Benefit Plan, McCarthy Holthus, LP, All American Containers Inc. Welfare Benefit Plan, Medical Specialties Distributors, LLC, Build-A-Bear Workshop Inc. Welfare Benefit Plan, FC USA Inc. Benefits, Leavitt Group Agency Association Health Benefit Plan, Inter-Rail Transport, Inc., Time Warner Cable Benefits Plan, Genpact Process Solutions, LLC, Medegen, Inc., The Hain Celestial Group, Inc. Benefits Plan, Onward Healthcare, Inc. Health and Welfare Plan, C.H. Robinson Company, Inc., The Standard/Hotels AB Welfare Benefit Plan, Jackson Lewis LLP Welfare Plan, Intercare Holdings, Inc., DellaCamera Capital Management, LLC, Biomed Realty, LP Welfare Benefits Plan, US Nursing Corp. Employee Benefit Plan, Mission Linen Supply, McNichols Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, JetBlue Airways Corporation, Actavis Inc, The Arora Group, Inc. Medical and Prescription Drug Plan, DS Waters of America, Inc., WSA Group, Inc., The Clorox Company Group Insurance Plan, Akzo Nobel Inc, Avon Products Inc. Medical Plan for Active Employees, CBS Corporation, Colonial Bancgroup Cafeteria Plan, Health Inventures, LLC, American Building Supply, Inc. Employees Benefit Plan, Alexander Gallo Holdings LLC, American International Group Inc, Millard Refrigerated Services, Inc., UTI Services, Inc. Welfare Benefits Plan, Genon Energy Group Welfare Benefits Plan, Health Inventures Health and Wellness Benefit Plan, Millard Refrigerated Services, Inc. Group Major Medical, Mary Kay, Inc., NPL Construction Co. Employee Health Benefit Plan, Aegis Media North America Welfare Benefit Plan, Intercare Holdings, Inc. Health & Welfare Plan, National Mentor Holdings, LLC, The John Deere Health Benefit Plan for Salaried Emmployees, Americas Inc Benefitplus Flexible Benefits Plan, Brady Corporation, KMI Flexible Benefit Plan, Cognizant Technology Solutions U.S. Corporation, Citigroup Management Corp., Darden Group Life and Health Benefit Plan for Hourly Employees, Petsmart, Inc., CEC Entertainment Concepts LP, McCarthy &Holthus, LLP Welfare Benefits Plan, Progressive Logistics Services, LLC, Best Medical International Benefit Plan, USA Truck Inc. Welfare Benefit Plan, Midamerican Energy Company Welfare Benefit Plan, The Converse Professional Group Major Medical Plan, Volt Information Sciences, Inc. and Affiliate Employee Welfare Benefits Plan, CCSA Employee Benefit Welfare Trust c/o BRMS, Centric Group LLC, Accor North America Inc, Conesys, Inc., Equity Residential Properties Trust Group Insurance Plan, Genpact Welfare Benefit Plan, Crowley Maritime Corporation, Delta Account-Based Healthcare Plan, Interstate Hotels & Resorts, Inc., J.C. Penney Corporation, Inc., Panalpina, Inc. Welfare Benefits Plan, Alpha Mechanical Heating & Air Conditioning Inc. Health Insurance Plan, United Transportation Union Health & Welfare Plan, Brink's Incorporated, Allstate Insurance Company, Cytec Industries, Inc., International Speedway Corporation Welfare Benefit Plan, Best Buy Co Inc, World Travel Holdings, Inc. Flexible Benefit Plan, Textron, Inc., BMW of North America LLC Health and Welfare Plans, BNSF Railway Company, W.H. Brady Co. Insured Benefits Plan, Greystar Management Services, LLP, Environmental Systems Research Institute, Inc. Life Ltd. Travel Accident, Vision Service, Medical Dental, Saia Motor Freight Line, LLC, Viacom, Inc., Informa USA, Inc., Sunstate Equipment Co. LLC Employee Benefit Plan, Old Dominion Freight Line, Inc., Yum! Brands, Inc., Berry Petroleum Company Comprehensive Health and Welfare Benefit Plan, Biomed Realty LP, The Children's Place Health Care, Short Term Disability & Life Insurance Plan, Thermo Fisher Scientific, Inc., Wells Fargo & Co. Health Plan, Farmers Group, Inc., Biomed Realty L.P. Welfare Benefits Plan, UTI Services, Inc., Accor North America Inc. Group Insurance Plan, Myriad Genetics, Inc. Welfare Benefit Plan, Ikaria, Inc. Welfare Benefit Plan, Westways Staffing Services Health Plan, Chevron Corporation, Insperity Holdings, Inc., CRW Flexible Benefit Plan, Thermo Fisher Scientific Inc. Group Insurance Plan, Probuild Holdings, Inc., Greenberg Traurig, PA, The Turner Corporation Welfare Benefits Plan, Maersk, Inc., ATI Systems- A Garda ompany Group Health Plan, Future Electronics Corp. Group Insurance Plan, Alexander Gallo Holdings LLC Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Kellogg, Brown & Root, Inc., Sally Beauty Holdings Inc. Health and Welfare Plan, GF Health Products, Inc., Xeta Technologies, Inc. Welfare Benefit Plan, AT&T Corp., GP Strategies Corporation Welfare Benefit Plan, PPS Holdings, Inc. Employee Benefit Plan, HD Supply, Inc., Mobile Mini, Inc. Benefit Plan, World Travel Holdings, Inc., Parker-Hannifin Corporation, KCI Holding USA, Inc. Employee Health Care Plan, National Financial Partners Corp. Group Health Plan for Employees, Pfizer Medical Pan, Mitek USA, Inc., The Shaw Group Inc, Global Mail, Inc. Welfare Plan, United HealthCare Services Inc., Levy Restaurants, Inc., CBIZ Inc. Group Health and Welfare Plan, Sunburst Hospitality Corporation, Textron Bargained Insured Benefits Plan, Altura Credit Union Employee Welfare Benefit Plan, Huhtamaki Americas, Inc., Anixter Inc, Teijin Holdings USA, Inc. Welfare Benefits Plan, Integra LifeSciences Corp. Medical/Prescription, Dental and STD Plan, The Salvation Army Flexible Benefit Plan, Conesys Inc, Instant Web, Inc., US Airways Group, Inc., Essilor of America, Inc., Child Development Incorporated, Ardent Services LLC, Olin Medical/Dental PLan, G4S Secure Solutions, Inc., Peter Kiewit Sons', Inc., Bausch & Lomb Incorporated, Hotels AB, LLC, Nestle Waters North America Inc, Edgewood Management Corporation, Jones Lang Lasalle Americas, Inc., Foot Locker Welfare Benefit Payment Plan, GP Strategies Corporation, Santander Consumer USA Inc. Welfare Benefit Plan, The Estee Lauder Companies Inc, Windstream Comprehensive Plan of Group Insurance, Williams-Sonoma, Inc. Health & Welfare Plan, Mid-City Financial/Edgewood Management, Best Buy Flexible Benefits Plan, Colonial BancGroup, Inc., Dollar Thrifty Automotive Group, Inc., Black Box Network Services Group Medical Plan, Joie de Vivre Hospitality, Inc., Credit Agricole Insurance Plan, Shell Oil Company, LA-Z-BOY Incorporated Medical Plan, GE Global Health Plan, Brinker Services Corporation, Fifth & Pacific Companies, Inc., Jackson Lewis, LLP, Diageo North America, Inc. Medical Care and Life Insurance Plan for Salaried and Retired Employees, Bright Horizons Flexible Benefit Plan, Stein Mart, Inc. & Subsidiaries Group Disability and Vision Plan, Rainbow USA, Inc. Medical Plan, Central Parking System Health and Welfare Plan, The ServiceMaster Company, LLC, APTCO LLC, U.S. Logistics, Inc., International Paper Company, Towers Watson Medical Plan, Performance Food Group, Inc., The Joie de Vivre Employee Benefit Plan, Honeywell International Inc. Benefit Plan, NPL Construction Co., Wipro Limited, American Airlines Inc, Aegon Companies Medical Plan, TIC Holdings, Inc., Toshiba America, Inc., Advance/Newhouse Partnership Health Benefits Plan, Valeant Pharmaceuticals Internatinal Group Welfare Plan, The Interpublic Group of Companies Inc, Great-West Life & Annuity Insurance Company, American Building Supply Inc, Group Life and Health Benefits Plan, Anschutz Entertainment Group Inc, Boston Market Corporation, ADP Totalsource Inc. Health and Welfare Plan, PSN USA Holdings, Inc., Ingram Micro, Inc., Kate Spade & Company, Denso Sales California, Inc. Group Insurance Plan, Station Casinos, Inc. Employee Benefit Plan, Welfare Benefit Plan for EES. of Metropolitan Life, Georgia-Pacific, LLC, Inter-Rail, Inc. Employee Health Plan, Aegis Media Americas Inc, Peter Kiewit Sons', Inc. Health and Welfare Plan, American Financial Group, Inc. Group Welfare Benefit Plan, Northrup Grumman Corporation, Denso Sales California, Inc., Local Staff, LLC, Burberry Limited, Kellogg, Brown & Root, Incorporated Hourly Employees Health & Welfare Plan, Union Bank, N.A., PSC Environmental Services, LLC, Peformance Food Group Inc. Employee Benefits Plan, Towers Watson America, LLC, Equity Residential Services, LLC, QBE First Insurance Agency, Inc., Genon Energy Services, LLC, Level 3 Communications, Inc. Welfare Benefit Plan, TestAmerica Laboratories, Inc., L'Oreal USA S/D, Inc., Ann Inc, KLA-Tencor Corporation, Georg Fischer Signet, LLC, National Captioning Institute, Inc. Health & Welfare Benefits Plan, Deloitte & Touche Welfare Benefit Plan, California Healthcare Industry Program, The McGraw-Hill Companies, Inc., The Steritech Group, Inc. Cafeteria Plan, Veolia Environmental Services North America Corp. Employee Health Benefit Plan, Auction.com LLC, Heartland Automotive Services, Inc., Acushnet Company Consolidated Health and Welfare Plan, Rush Enterprises Medical Plan, IBM Medical & Dental Plan for Regular and Part-time Employees, Healthcare Partners Medical Group, Inc. Welfare Benefit Plan, Konica Minolta Business Solutions USA, Inc., Arch Aluminum & Glass Co. Inc, Farmers Group, Inc. Employee Prepaid Benefit Plan, Altec Industries Inc, CGX Energy, LLC, Reyes Holdings, LLC, Skywest, Inc. Cafeteria Plan, Mobile Mini, Inc., Ensign US Drilling Employee Benefit Plan, AEG Employee Health & Welfare Plan, ATI Systems International Inc., Calibre, Inc., Employees Health Plan, California Healthcare Industry Trust, Jacobs Engineering Group, Inc., New Breed Corporte Services Inc. Welfare Benefit Plan, Orix USA Corporation Welfare Plan, Edison International, Sunburst Hospitality Corporation Employee Welfare Plan, Credit Suisse Securities (USA) LLC Group Health Care Plan, International Business Machines Corporation, W. W. Grainger, Inc., Select Specialized Staffing, Inc., Kinder Morgan G.P. Inc., Verizon Plan 550, Cogentrix Energy, LLC Group Insurance Plan, AT&T Mobility LLC, Hot Topic, Inc. Health and Welfare Plan, Cbeyond Communications LLC, Fox Health Plan, HD Supply Health and Welfare Program, FNPC Health and Welfare Plan, Medical Plan of Hoffman-La Roche Inc., FC USA, Inc., JetBlue Airways Group Health Insurance Plan, We're Ready To Assemble, Inc., Alcon Laboratories Inc, BMW of North America LLC, Prada USA Corp., The Estaee Lauder Companies Inc, Bright Horizons Children's Centers LLC, Medstaff, Inc. Section 125 Plan, PSI Services LLC, Automatic Data Processing, Inc. Flex 2000 Plan, Nestle USA Nescare Plan, Protection One Alarm Monitorning, Inc. Welfare Plan, Petco Animal Supplies Inc. Group Benefit Plan and Trust, Emcor Group, Inc. Employee Welfare Plan, National Medical Care, Inc. Group Medical, Dental, Life and AD&D Plan, Altec Industries Inc. Flexible Benefits Plan, Metropolitan Life Insurance Company, Stryker Corporation, Nike, Inc., Providence Service Corporation, Schneider National, Inc. Flexible Benefits Plan, NRC Payroll Management Health and Welfare Plan, Southwest Gas Corporation Life Insurance & Health Plan, Prada USA Corporation Welfare Benefit Plan, Perot Systems Corporation, Maersk Inc. Active NonUnion Health and Welfare Plan, Landry's Management, LP, The Reyes Holdings Flexible Benefits Plan, Brinker International, Inc. Welfare Benefit Plan, Vulcan Materials Company, Wachovia Financial Services, Inc., Plains All American GP, LLC, NCH Corporation Employee Life and Health Benefit Plan, Hugo Boss USA, Inc., Payless Shoesource, Inc. Medical Plan, Ecolab Health and Welfare Benefits Plan, Saddle Creek Corp. Group Insurance and Flexible Benefit Plan, The Salvation Army, National Railway Carriers, The Boeing Company, Edward D. Jones & Co. Employees Health and Welfare Program, Probuild Holdings, Inc. Welfare Benefit Plan, Auction.com Employee Benefit Plan, Welfare Plan for Employees of APL Limited, The Travelers Companies, Inc., Door to Door Storage Health & Welfare Plan, Greenberg Traurig, PA Group Health Insurance Plan for Employees, Comfort Systems USA, Inc., Paetec Holding Corp., Marubeni Itochu Steel America, Inc., Boat U.S. Health Plan, AARP, Greystar Management Services, LP, Northrop Grumman Corporation Group Benefits Plan, Nationstar Mortgage Group Health and Welfare Benefit Plan, Quantum Corporation, Covidien Health & Welfare Benefits Plan, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, NetApp, Inc., Valeant Pharmaceuticals International, Union Pacifc Railroad Employees Health Systems, BNSF Railway Company Flexible Benefit Plan, BUPA Worldwide Corporation, Polycom, Inc., Hot Topic, Inc., CBIZ MHM, LLC, Sleep Innovations, Inc. Welfare Benefit Plan, Medical Specialties Distributors, LLC Group Benefit Plan, Commscope, Inc. of North Carolina, Alpha Mechanical Inc, Tic Holdings, Inc. Welfare Benefit Plan, IMortgage.com, Inc. Cafeteria Plan, Boat America Corporation, Health Care Plan of the Employees of MCM Corp, Mitek USA, Inc. Welfare Benefit Plan, International Aluminum Corporation, Heartland Automotive Services, Inc. Group Medical and Life Plan, J.C. Penney Corporation, Inc. Health & Welfare Benefits Plan, Buca Inc. Health Care Benefit Plan, USA Truck, Inc., New Breed Corporate Services, Inc., Avon Products Inc., QBE First Group Health and Welfare Plan, American Financial Group Inc, Charlotte Russe, Inc., Health & Welfare Benefit Plans of Vulcan Materials Company, Wolverine World Wide, Inc., Belmont Village, LP, Orix USA Corporation, Playboy Enterprises International, Inc., MCM Corporation, Arch Aluminum & Glass Co. Inc. Employee Welfare Benefits Plan, Mocean Health and Welfare Benefits Plan, Build-A-Bear Workshop Inc, Pentair, Inc., Accenture United States Benefit Trust, Charming Shoppes, Inc. Medical Plan, Zale Corporation Benefits Plan, Cbeyond Communications Health and Welfare Plan, Classic Party Rentals Health & Welfare Plan, KCI Holdings, LLC, Telecare Corporation Group Welfare Plan, All American Containers Inc, Ann, Inc. Welfare Benefits Plan, Platinum Home Mortgage Corporation, Osram Sylvania, Inc. Plan for Group Insurance, Wynright Corporation, Crowley Maritime Corporation Welfare Health Life & Accidental Death & Dismemberment Plans, Enterprise Holdings, Inc., Crowley Holdings Inc, Credit Suisse Securities (USA), LLC, Construction Teamsters Security Fund for Southern California, John Deere Health Benefit Plan for Wage Employees, The Gap, Inc. Health and Life Plan, ADP Totalsource Inc, Wachovia Corporation Health and Welfare Plan, Systems Application and Technologies, Inc. Health and Welfare Plan, Group Insurance Plan for Employees of Rexam, Inc., Delta Air Lines, Inc., KLA-Tencor Corporation Group Insurance Plan, The Coca-Cola Company Health and Welfare Benefits Plan, United Airlines, Inc., Adelson, Teston, Brundo, Novell & Jimenez P.C., Health Insurance Plan of Multiplan, Inc., The Steritech Group, Inc., Classic Party Rentals, Inc., Siemens Corporation, Akzo Nobel Inc. Salaried Employees Group Benefits Program, Prime Administration, LLC, Charlotte Russe Holding, Inc. Welfare Benefit Plan, W. W. Grainger Inc. Group Benefit Plan I, The Hertz Corporation, Veolia Environmental Services North America, LLC, The Guardian Life Insurance Company of America, Deloitte, LLP, California Charter Schools Association, Welfare Benefits Plan, Becton Dickinson and Company, Shell Oil Company Comprehensive Welfare Benefits Plan, HRG North America Welfare Plan, We're Ready To Assemble, Inc. formerly known as National Product Services, Inc. doing business as Impact Resource Group, Advance/Newhouse Parternership a New York Partnership doing business as Bright House Networks LLC, CGX Energy, LLC a North Carolina limited liability company doing business as Cogentrix Energy, LLC, Express Messenger Systems, Inc. doing business as Ontrac, Vericrest Financial Inc., Orange County Container Group, LLC, We're Ready To Assemble doing business as Impact Resource Group Benefit Plan, Global Mail, Inc. doing business as DHL Global Mail, Atlantic Southeast Airlines, National Medical Care Inc a Delaware Corporation doing business as Fresenius Medical Care North America, Gevity HR, Inc., Administaff of Texas, Inc., Limited Brands, Inc., Fifth & Pacific Companies Inc, Nursefinders, Inc. doing business as Medfinders Welfare Benefit Plan and National Product Services, Inc.
Case Number: 2:2014cv02139
Filed: March 20, 2014
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Victor B Kenton
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Filing 2090 NOTICE of Appearance filed by attorney Laurence S Zakson on behalf of Defendant Construction Teamsters Security Fund for Southern California (Attorney Laurence S Zakson added to party Construction Teamsters Security Fund for Southern California(pty:dft), Attorney Laurence S Zakson added to party Construction Teamsters Security Fund for Southern California(pty:dft))(Zakson, Laurence)
August 1, 2019 Filing 2089 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #2056 , CCA # 17-55301. The judgment of this Court, entered June 11, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #2081 , AFFIRMED.] (mat)
July 12, 2019 Filing 2088 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #2087 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Change of Attorney Business or Contact Information G6. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak)
July 11, 2019 Filing 2087 Notice of Change of Attorney Business or Contact Informtion filed by Plaintiff Almont Ambulatory Surgery Center LLC (Diamond, Roger)
July 8, 2019 Filing 2086 Mail addressed to attorney Roger Jon Diamond (Docket No. #2081 ) returned as undeliverable. Correct address -- 1717 Fourth Street, Third Floor, Santa Monica, CA 90401 -- confirmed by phone; message left regarding Notice of Change of Attorney Business or Contact Information. Mail was re-sent to correct address, along with Form G-6. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
June 12, 2019 Filing 2085 Notice of Electronic Filing re USCA Memorandum/Opinion/Order #2081 , USCA Memorandum/Opinion/Order, #2080 e-mailed to James J. Moak, jmoak@mmhllp.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
June 12, 2019 Filing 2084 Notice of Electronic Filing re USCA Memorandum/Opinion/Order #2081 , USCA Memorandum/Opinion/Order, #2080 e-mailed to Nicole A. Diller, ndiller@morganlewis.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
June 12, 2019 Filing 2083 Notice of Electronic Filing re USCA Memorandum/Opinion/Order #2081 , USCA Memorandum/Opinion/Order, #2080 e-mailed to Melissa Badgett, mbadgett@gordonrees.com bounced due to 550 5.7.134 RESOLVER.RST.SenderNotAuthenticatedForMailbox. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
June 12, 2019 Filing 2082 Notice of Electronic Filing re USCA Memorandum/Opinion/Order #2081 e-mailed to Teresita Ferrera, TFerrera@schiffhardin.com bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
June 11, 2019 Filing 2081 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #2056 filed by Almont Ambulatory Surgery Center LLC. CCA # 17-55301. The decision of the District Court is AFFIRMED. (iv)
May 6, 2019 Opinion or Order Filing 2080 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #2056 filed by Almont Ambulatory Surgery Center LLC. CCA # 17-55301. The Motion for Leave to Appear Telephonically at Oral Argument by counsel for Appellees Aera Energy Services Company and Aera Energy Services Company Medical Benefits Plan is DENIED as moot. (iv)
May 6, 2019 Opinion or Order Filing 2079 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #2056 filed by Almont Ambulatory Surgery Center LLC. CCA # 17-55301. This case is ordered submitted without oral argument on May 14, 2019, at Seattle, Washington. (iv)
April 12, 2018 Filing 2078 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Change of Handling Attorneys #2076 by Judge Michael W. Fitzgerald. The document is stricken. See the Notice to Filer of Deficiencies in Electronically Filed Documents, Docket No. 2077. Please correct the deficiencies and address the Clerk's concerns. Counsel should utilize the Court forms when possible. (iv)
April 11, 2018 Filing 2077 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #2076 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal of Counsel (G-123). It is not clear if Ms. Madden is on this case with co-counsel Vickie V Grasu or if Ms. Grasu is withdrawing out-of-the-case. See courts form - Notice of Appearance or Withdrawal of Counsel G-123. Also, there is also another attorney Bryan Scott Westerfeld of Walraven and Westerfeld LLP representing the same defendants. If he is withdrawing from representing the same defendants, please efile a REQUEST to Substitute attorney. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
April 5, 2018 Filing 2076 ***STRICKEN*** NOTICE OF CHANGE OF HANDLING ATTORNEYS AND NOTICE OF APPEARANCE FOR DEFENDANTS HD SUPPLY, INC. AND HD SUPPLY HEALTH AND WELFARE PROGRAM filed by defendant HD Supply Health and Welfare Program, HD Supply, Inc.. (Madden, Joanne) Modified on 4/12/2018 #2078 (iv).
November 28, 2017 Filing 2075 Notice of Appearance or Withdrawal of Counsel: for attorney Roxana E Verano counsel for Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. Christopher L. Moriarty will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Fugate Aviation. (Verano, Roxana)
November 28, 2017 Filing 2074 Notice of Appearance or Withdrawal of Counsel: for attorney Roxana E Verano counsel for Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. James Napoli will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendant Fugate Aviation. (Verano, Roxana)
November 22, 2017 Filing 2073 Notice of Appearance or Withdrawal of Counsel: for attorney Roxana E Verano counsel for Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. Christopher L. Moriarty is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Fugate Aviation, Inc. and Fugate Enterprises Employee Welfare Benefit Plan. (Verano, Roxana)
November 22, 2017 Filing 2072 Notice of Appearance or Withdrawal of Counsel: for attorney Roxana E Verano counsel for Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. Adding Roxana E. Verano as counsel of record for Fugate Aviation, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Fugate Aviation, Inc.. (Attorney Roxana E Verano added to party Fugate Aviation, Inc.(pty:dft), Attorney Roxana E Verano added to party Fugate Aviation, Inc.(pty:dft), Attorney Roxana E Verano added to party Fugate Enterprises Employee Welfare Benefit Plan(pty:dft), Attorney Roxana E Verano added to party Fugate Enterprises Employee Welfare Benefit Plan(pty:dft))(Verano, Roxana)
August 4, 2017 Filing 2071 NOTICE of Change of Attorney Business or Contact Information: for attorney Bryan Scott Westerfeld counsel for Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo CA 92656. Filed by Defendants see Certain Defendants in Attachment A. (Westerfeld, Bryan)
August 4, 2017 Filing 2070 NOTICE of Change of Attorney Business or Contact Information: for attorney Larry A Walraven counsel for Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo CA 92656. Filed by Defendants see Certain Defendants in Attachment A. (Walraven, Larry)
August 4, 2017 Filing 2069 NOTICE of Change of Attorney Business or Contact Information: for attorney Nicole Elizabeth Wurscher counsel for Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo, CA 92656. Filed by Defendants see Certain Defendants in Attachment A. (Wurscher, Nicole)
July 6, 2017 Filing 2068 Notice of Appearance or Withdrawal of Counsel: for attorney Christopher Louis Moriarty counsel for Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. Filed by Defendants Fugate Aviation, Inc. and Fugate Enterprises Employee Welfare Benefit Plan. (Moriarty, Christopher)
July 3, 2017 Opinion or Order Filing 2067 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1796 filed by Almont Ambulatory Surgery Center LLC. CCA # 16-55844. Because appellants have failed to file the opening brief in this appeal, the appeal is dismissed for failure to prosecute. See 9th Cir. R. 42-1. This order served on the district court shall, 21 days after the date of the order, act as the mandate of this court. (mat)
April 10, 2017 Filing 2066 NOTICE OF FILING TRANSCRIPT filed for proceedings 02/27/2017 1:30 P.M. re Transcript #2065 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
April 10, 2017 Filing 2065 TRANSCRIPT for proceedings held on 02/27/2017 1:30 P.M.. Court Reporter/Electronic Court Recorder: Terri A. Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. (Hourigan, Terri)
April 5, 2017 Filing 2064 First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff East Bay Ambulatory Surgery LLC. Amending Notice of Appeal to 9th Circuit Court of Appeals, #2058 Filed On: 3-6-2017; Entered On: 3-7-2017; (Jubelt, Mark)
March 22, 2017 Opinion or Order Filing 2063 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1796 filed by Almont Ambulatory Surgery Center LLC. CCA # 16-55844. The request of appellee MAKO Surgical Corp Health and Welfare Plan to be removed from the docket, to which no response was filed, is granted. [See document for all details.](mat)
March 21, 2017 Filing 2062 NOTICE OF CLERICAL ERROR: Due to The docket entry for the Appeal Notification Number item #2059 has been modified. It will now be linked to the noticeof appeal filed on 3/1/17 item #2056 . The notice of appeal filed on 3/7/17 item #2058 was taken as an amended notice ofappeal on the 9th Circuit Court docket sheet for appeal number 17-55301. (mat)
March 20, 2017 Filing 2061 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #1983 CCA # 17-55157. The judgment of the 9th Circuit Court, entered February 24, 2017, takes effect thisdate.This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #2049 DISMISSED.] (mat)
March 13, 2017 Filing 2059 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55301 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #2056 as to plaintiffs Almont Ambulatory Surgery Center LLC, Bakerfield Surgery Institute LLC, Ciro Surgery Center LLC, East Bay Ambulatory Surgery LLC, Independent Medical Services Inc, Modern Institute of Plastic Surgery & Antiaging Inc, New Life Surgery Center LLC, Orange Grove Surgery Center LLC, San Diego Ambulatory Surgery Center LLC, San Joaquin Valley Surgery Center LLC, Skin Cancer & Reconstructive Surgery Specialist of Beverly Hills Inc, Valencia Ambulatory Surgery Center LLC, West Hills Surgery Center LLC. (mat)
March 8, 2017 Opinion or Order Filing 2060 MINUTE ORDER IN CHAMBERS MOTION TO DISQUALIFY JUDGE MICHAEL W. FITZGERALD #1971 by Judge Otis D. Wright, II. There was nothing even remotely improper in Judge Fitzgerald's handling of this matter. Indeed, there is no evidence of any impropriety on the part of the U.S. Attorney's Office in general or Patrick Fitzgerald in particular. And even if there were, Judge Fitzgerald lacked jurisdiction to intercede. Aside from the fact there was nothing for Judge Fitzgerald to inquire into, he lacked the authority to make the inquiry which plaintiffs seek. For these reasons, the motion seeking a recusal order is DENIED. IT IS SO ORDERED. (lom)
March 7, 2017 Filing 2058 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Almont Ambulatory Surgery Center LLC. Appeal of Order on Motion to Amend/Correct,,,, Order on Motion to Alter Judgment, #2057 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19473985.) (Jubelt, Mark)
March 6, 2017 Opinion or Order Filing 2057 MINUTES (IN CHAMBERS): ORDER DENYING PLAINTIFFS' MOTIONS TO ALTER OR AMEND THE COURT'S JULY 29, 2016 ORDERS [14-2139: #1920 , #1922 , #1924 ; [14-2177: 129, 131, 132] [14-3053: 398, 401, 405] by Judge Michael W. Fitzgerald. Accordingly, for the foregoing reasons, the Motion is DENIED. IT IS SO ORDERED. (lom)
March 1, 2017 Filing 2056 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Almont Ambulatory Surgery Center LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #1982 , Order on Motion to Disqualify Judge,, Motion Hearing, #2050 . (Appeal Fee - $505 Previously Paid on 03/01/2017, Receipt No. 0973-19440969.) (Ilyes, Imre)
March 1, 2017 Filing 2055 NOTICE OF ERRATA filed by Plaintiff Almont Ambulatory Surgery Center LLC. correcting Notice of Appeal to Federal Circuit Court of Appeals, #2054 (Ilyes, Imre)
March 1, 2017 Filing 2054 NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by plaintiff Almont Ambulatory Surgery Center LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #1982 , Order on Motion to Disqualify Judge,, Motion Hearing, #2050 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19441083.) (Ilyes, Imre)
March 1, 2017 Filing 2053 Notice of Appearance or Withdrawal of Counsel: for attorney Mark LaRue Jubelt counsel for Plaintiff Almont Ambulatory Surgery Center LLC. Adding Imre K. Ilyes as counsel of record for Plaintiffs, Almont Ambulatory Surgery Center, LLC et al for the reason indicated in the G-123 Notice. Filed by Plaintiff Mark Jubelt. (Jubelt, Mark)
February 28, 2017 Filing 2052 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #2016 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging - under Category - Notices. Other error(s) with document(s): Motion event utilized in docketing this filing; This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Notice of Lodging and/or Emergency Ex Parte Applications [DE 2013 and/or 2014] and e-mailed to a Judge Fitzgerald generic email address a WordPerfect or Microsoft Word version of the document. Clerk has terminated the duplicate Ex Parte Applications created by document no. 2016, which was just a Proposed Order (the pending Ex Parte Application are docket entries no. 2013 and 2014. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
February 28, 2017 Filing 2051 TRANSCRIPT ORDER as to Defendant UnitedHealth Group Inc for Court Reporter. Court will contact Linda Skwiera at skwiera.linda@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Grant, Michelle)
February 27, 2017 Filing 2050 MINUTES OF MOTION to Disqualify Judge Michael Fitzgerald #1971 Hearing held before Judge Otis D. Wright, II: The Court hears oral argument from plaintiffs counsel as stated on the record. The Motion to Disqualify is DENIED. Court Reporter: Terri Hourigan. (lc)
February 24, 2017 Opinion or Order Filing 2049 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1983 . CCA # 17-55157. Because district court proceedings as to the motion to disqualify are ongoing, the February 1, 2017 order is not a final decision or otherwise immediately appealable order. Accordingly, we dismiss this appeal for lack of jurisdiction. Appellants' emergency motion for a stay of district court proceedings pending appeal is denied as moot. [See document for all details.] (mat)
February 24, 2017 Filing 2047 JOINDER filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (James, Jason)
February 24, 2017 Filing 2046 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in MEMORANDUM in Opposition to Motion, #2017 . (Grasu, Vickie)
February 24, 2017 Opinion or Order Filing 2045 ORDER FOR TELEPHONIC APPEARANCE AND PROPOSED ORDER THEREON #2034 Judge Otis D. Wright, II: Matthew E. Costello, counsel for Defendant Perkins Flexible Benefits Plan may appear telephonically at the hearing on Plaintiffs Motion to Disqualify Judge Michael Fitzgerald, which is currently scheduled for 1:30 p.m. before the undersigned on February 27, 2017. (lc)
February 24, 2017 Filing 2044 JOINDER filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2043 JOINDER filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc. joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2042 JOINDER filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2041 JOINDER filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc. joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2040 JOINDER filed by Defendants PSN USA Holdings, Inc., PSN USA Holdings, Inc. Welfare Benefit Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2039 JOINDER filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2038 JOINDER filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC joining in MEMORANDUM in Opposition to Motion, #2017 . (Faucher, Joseph)
February 24, 2017 Filing 2037 JOINDER filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Gelb, Paul)
February 24, 2017 Filing 2036 JOINDER filed by Defendant Perkins Flexible Benefits Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Costello, Matthew)
February 24, 2017 Filing 2035 JOINDER filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company joining in MEMORANDUM in Opposition to Motion, #2017 . (Kravitz, Ronald)
February 24, 2017 Filing 2034 REQUEST for Leave of Matthew E. Costello to Appear for Telephonic filed by Defendant Perkins Flexible Benefits Plan. Request set for hearing on 2/27/2017 at 01:30 PM before Judge Otis D. Wright II. (Costello, Matthew)
February 24, 2017 Filing 2033 JOINDER filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Lehman, Heather)
February 24, 2017 Filing 2032 JOINDER filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc. joining in MEMORANDUM in Opposition to Motion, #2017 . (Clark, Shauna)
February 24, 2017 Filing 2031 JOINDER filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Ernster, Shannon)
February 24, 2017 Filing 2030 JOINDER filed by Defendant Nursefinders, LLC joining in MEMORANDUM in Opposition to Motion, #2017 . (Ernster, Shannon)
February 24, 2017 Filing 2029 JOINDER filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Ernster, Shannon)
February 24, 2017 Opinion or Order Filing 2028 ORDER FOR TELEPHONIC APPEARANCE #2027 by Judge Otis D. Wright, II: counsel for defendants Aera Energy Services Company and Aera Energy Services Company Medical Benefits Plan may appear telephonically at the hearing on Plaintiffs' Motion to Disqualify Judge Michael Fitzgerald, which is currently scheduled for 1:30 p.m. before the undersigned on February 27, 2017. (lc)
February 24, 2017 Filing 2027 REQUEST for Leave of Daniel O. Jamison to Appear Telephonically at Plaintiffs' Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
February 23, 2017 Filing 2026 JOINDER filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A. joining in MEMORANDUM in Opposition to Motion, #2017 . (Dyke, Charles)
February 23, 2017 Filing 2025 JOINDER filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan joining in MEMORANDUM in Opposition to Motion, #2017 . (Dyke, Charles)
February 23, 2017 Filing 2024 MEMORANDUM in Opposition - JOINDER TO UNITED AND JOINTLY REPRESENTED DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION TO STAY ALL PROCEEDINGS #2017 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
February 23, 2017 Filing 2023 OPPOSITION Opposition re: Corrected EX PARTE APPLICATION to Stay Case pending Appeal #2014 Notice of Joinder and Joinder of Certain Employer and Plan Defendants in United and The Jointly Represented Defendants Opposition to Plaintiffs Emergency Ex Parte Application to Stay All Proceedings [Dkt. No. 2017] filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Attachments: #1 Declaration of Sean P. Nalty in Support of Certain Employer and Plan Defendants Joinder in The United and The Jointly Represented Defendants Opposition to Plaintiffs Emergency Ex Parte Application to Stay All Proceedings)(Nalty, Sean)
February 23, 2017 Filing 2022 MEMORANDUM in Opposition Joinder in United and the Jointly Represented Defendants' Opposition (Doc. 2017) to Plaintiffs' Emergency Ex Parte Application to Stay All Proceedings filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
February 22, 2017 Filing 2021 JOINDER filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program joining in MEMORANDUM in Opposition to Motion, #2017 . (Attachments: #1 Declaration Nicole Diller)(Diller, Nicole)
February 22, 2017 Filing 2020 NOTICE OF ERRATA filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program. correcting Joinder (Motion Related),,,,, #2019 re Docket Text (Diller, Nicole)
February 21, 2017 Filing 2019 JOINDER in Corrected EX PARTE APPLICATION to Stay Case pending Appeal #2014 filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program. (Attachments: #1 Exhibit A, #2 Declaration Nicole Diller)(Attorney Nicole A Diller added to party The Gap, Inc.(pty:dft), Attorney Nicole A Diller added to party The Gap, Inc.(pty:dft), Attorney Nicole A Diller added to party The Gap, Inc. Health and Life Plan(pty:dft), Attorney Nicole A Diller added to party The Gap, Inc. Health and Life Plan(pty:dft))(Diller, Nicole)
February 21, 2017 Filing 2018 NOTICE Notice of Joinder filed by Defendant Bausch & Lomb Incorporated. (Gonzalez, Jason)
February 21, 2017 Filing 2017 MEMORANDUM in Opposition to Corrected EX PARTE APPLICATION to Stay Case pending Appeal #2014 filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Grant, Michelle)
February 21, 2017 Filing 2016 Emergency EX PARTE APPLICATION to Stay Case pending Appeal proposed order filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
February 21, 2017 Filing 2015 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Emergency EX PARTE APPLICATION to Stay Case pending Appeal #2013 , Corrected EX PARTE APPLICATION to Stay Case pending Appeal #2014 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other: Proposed Order shall be filed as separate attachment to the e-filed "Ex Parte Application to Stay Case and/or NOTICE OF LODGING". and e-mailed to a Judge Fitzgerald generic email addresses a WordPerfect or Microsoft Word version of the document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
February 17, 2017 Filing 2014 Corrected EX PARTE APPLICATION to Stay Case pending Appeal filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
February 17, 2017 Filing 2013 Emergency EX PARTE APPLICATION to Stay Case pending Appeal filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
February 13, 2017 Filing 2048 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55157 assigned to Notice of Appeal to 9th Circuit Court of Appeals #1983 as to Appellants Almont Ambulatory Surgery Center LLC, Bakerfield Surgery Institute LLC, East Bay Ambulatory Surgery LLC, Modern Institute of Plastic Surgery & Antiaging Inc, Palmdale Surgery Center LLC, San Diego Ambulatory Surgery Center LLC, San Joaquin Valley Surgery Center LLC, Skin Cancer & Reconstructive Surgery Specialist of Beverly Hills Inc. (mat)
February 13, 2017 Filing 2012 REPLY support First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
February 13, 2017 Filing 2011 Notice of Appearance or Withdrawal of Counsel: for attorney Sean P Nalty counsel for Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. Stanley G. Schroeder is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Certain Defendants. (Nalty, Sean)
February 8, 2017 Filing 2010 Opposition Opposition re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Notice of Joinder and Joinder of Certain Defendants in United and The Jointly Represented Defendants Opposition to Motion to Disqualify Judge Michael Fitzgerald [Dkt. No. 1985] filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
February 7, 2017 Filing 2009 JOINDER filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans joining in MEMORANDUM in Opposition to Motion, #1985 . (Wan, Karen)
February 7, 2017 Filing 2008 JOINDER filed by Defendants Actavis Health and Welfare Plan, Actavis Inc, Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program, PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan, Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan, U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan joining in MEMORANDUM in Opposition to Motion, #1985 . (Worden, John)
February 7, 2017 Filing 2007 NOTICE Joinder to Opposition to Plaintiff's Motion to Disqualify Judge Michael Fitzgerald filed by Defendant Bausch & Lomb Incorporated. (Gonzalez, Jason)
February 7, 2017 Filing 2006 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in MEMORANDUM in Opposition to Motion, #1985 . (Grasu, Vickie)
February 6, 2017 Filing 2005 JOINDER filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company joining in MEMORANDUM in Opposition to Motion, #1985 . (Kravitz, Ronald)
February 6, 2017 Filing 2004 JOINDER filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc. joining in MEMORANDUM in Opposition to Motion, #1985 . (Clark, Shauna)
February 6, 2017 Filing 2003 JOINDER filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan joining in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , MEMORANDUM in Opposition to Motion, #1985 . (Dyke, Charles)
February 6, 2017 Filing 2002 JOINDER filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan joining in MEMORANDUM in Opposition to Motion, #1985 . (Lehman, Heather)
February 6, 2017 Filing 2001 JOINDER filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A. joining in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , MEMORANDUM in Opposition to Motion, #1985 . (Dyke, Charles)
February 6, 2017 Filing 2000 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants PSN USA Holdings, Inc., PSN USA Holdings, Inc. Welfare Benefit Plan. (Faucher, Joseph)
February 6, 2017 Filing 1999 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Faucher, Joseph)
February 6, 2017 Filing 1998 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
February 6, 2017 Filing 1997 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Faucher, Joseph)
February 6, 2017 Filing 1996 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Faucher, Joseph)
February 6, 2017 Filing 1995 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiff's Motion to Disqualify Judge Michael Fitzgerald filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (James, Jason)
February 6, 2017 Filing 1994 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Faucher, Joseph)
February 6, 2017 Filing 1993 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
February 6, 2017 Filing 1992 JOINDER in Amended NOTICE OF MOTION AND MOTION to Amend APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Refer #1976 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
February 6, 2017 Filing 1991 JOINDER in First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 Joinder to Opposition by United and the Jointly Represented Defendants to Plaintiffs Motion to Disqualify Judge Michael Fitzgerald filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Faucher, Joseph)
February 6, 2017 Filing 1990 JOINDER filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan joining in MEMORANDUM in Opposition to Motion, #1985 . (Gelb, Paul)
February 6, 2017 Filing 1989 JOINDER filed by Defendant Perkins Flexible Benefits Plan joining in MEMORANDUM in Opposition to Motion, #1985 . (Costello, Matthew)
February 6, 2017 Filing 1988 OPPOSITION Opposition re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 NOTICE OF JOINDER IN UNITED AND THE JOINTLY REPRESENTED DEFENDANTS' OPPOSITION TO MOTION TO DISQUALIFY JUDGE MICHAEL FITZGERALD filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
February 6, 2017 Filing 1987 OPPOSITION re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
February 6, 2017 Filing 1986 OPPOSITION re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
February 6, 2017 Filing 1985 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit Attachment A, #2 Declaration of Michelle S. Grant, #3 Exhibit 1)(Grant, Michelle)
February 6, 2017 Filing 1984 OPPOSITION re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 filed by Defendant Nursefinders, LLC. (Ernster, Shannon)
February 2, 2017 Filing 1983 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #1982 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19300627.) (Jubelt, Mark)
February 1, 2017 Opinion or Order Filing 1982 MINUTE ORDER IN CHAMBERS by Judge OTIS D. WRIGHT, II: CLARIFICATION RE: PLAINTIFFS REQUEST TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISQUALIFY JUDGE MICHAEL W. FITZGERALD, UNDER SEAL.The request to file the supporting papers in camera and under seal is DENIED. The redacted memorandum filed December 21, 2016 at DE-1974-2 is deemed filed as of that date. The hearing date of February 27, 2017 at 1:30 pm, as reflected in the amended Notice of Motion [DE-1976] remains the operative hearing date and the timeliness of opposition papers, if any, are measured against the February 27 date. (lc)
January 27, 2017 Filing 1981 NOTICE of Change of address by Ronald S Kravitz attorney for Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. Changing attorneys address to 44 Montgomery Street, Suite 650, San Francisco, CA 94104. Filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
January 12, 2017 Filing 1980 REPLY in support of Plaintiffs APPLICATION to file document under seal #1974 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
December 30, 2016 Filing 1979 OPPOSITION to APPLICATION to file document under seal #1974 , Amended NOTICE OF MOTION AND MOTION to Amend APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Refer #1976 Notice of Joinder and Joinder of Certain Defendants in United and The Jointly Represented Defendants' Opposition to Plaintiffs' Application to File Motion and Memorandum in Support of Disqualification of Judge Fitzgerald In Camera [Dkt. No. 1978] filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
December 29, 2016 Filing 1978 Opposition re: APPLICATION to file document under seal #1974 , Amended NOTICE OF MOTION AND MOTION to Amend APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Refer #1976 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit A)(Grant, Michelle)
December 27, 2016 Filing 1977 Correspondence to the Court filed by Plaintiff Almont Ambulatory Surgery Center LLC re: APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Referral of Motion to Disqualify (CV 54) - optional html form, #1972 , Notice of Appearance or Withdrawal of Counsel (G-123), #1973 , Amended NOTICE OF MOTION AND MOTION to Amend APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Refer #1976 (Jubelt, Mark)
December 22, 2016 Filing 1976 Amended NOTICE OF MOTION AND MOTION to Amend APPLICATION to file document under seal #1974 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 , Sealed Declaration in SupportDeclaration, #1975 , Referral of Motion to Disqualify (CV 54) - optional html form, #1972 , Notice of Appearance or Withdrawal of Counsel (G-123), #1973 filed by Plaintiffs Almont Ambulatory Surgery Center LLC. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Otis D. Wright II. (Jubelt, Mark)
December 21, 2016 Filing 1975 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #1974 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Unredacted Document Unredacted Motion to Disqualify and Declaration in Support, #2 Unredacted Document Unredacted Memorandum to Disqualify)(Jubelt, Mark)
December 21, 2016 Filing 1974 APPLICATION to file document under seal filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Redacted Document Redacted Motion to Disqualify and Declaration in Support, #2 Redacted Document Redacted Memorandum to Disqualify, #3 Proposed Order Proposed Order)(Jubelt, Mark)
December 21, 2016 Filing 1973 Notice of Appearance or Withdrawal of Counsel: for attorney Karen Wan counsel for Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. Dodi Walker Gross is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants BMW of North America, LLC and BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
December 20, 2016 Filing 1972 REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 16-05 and Local Rule 72-5 First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #1971 is referred to Judge Otis D. Wright, II for determination. (rn)
December 19, 2016 Filing 1971 First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald filed by PLAINTIFFS Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
December 16, 2016 Filing 1970 MINUTES (In Chambers): ORDER DENYING Plaintiffs MOTION TO FILE SUPPLEMENTAL MEMORANDUM AND APPLICATION TO FILE DOCUMENTS IN CAMERA AND UNDER SEAL [14-2177: 137, 138] [14-3053: 415, 417] [14-2139: #1965 , #1967 ] before Judge Michael W. Fitzgerald: The Motion to File a Supplemental Memo is DENIED. (See attachment for further details). Because the Motion to File a Supplemental Memo is denied, the Application to Submit the Supplemental Memo Under Seal is DENIED as moot. (jp)
December 14, 2016 Filing 1969 PROOF OF SERVICE filed by PLAINTIFFS Almont Ambulatory Surgery Center LLC, re First APPLICATION to file document Application to File In Camera and Under Seal under seal #1967 served on DECEMBER 14, 2016. (Jubelt, Mark)
December 14, 2016 Filing 1968 SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Application to File In Camera and Under Seal under seal #1967 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Unredacted Document Unredacted Supplemental Memorandum in Support of Motion to Alter or Amend)(Jubelt, Mark)
December 14, 2016 Filing 1967 First APPLICATION to file document Application to File In Camera and Under Seal under seal filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Redacted Document Redacted Supplemental Memorandum In Support of Motion To Alter Or Amend)(Jubelt, Mark)
December 14, 2016 Filing 1966 OPPOSITION to NOTICE OF MOTION AND MOTION to file document Supplemental Memorandum based on new evidence in support of Motion to Alter the Court's July 29, 2016 Orders under seal #1965 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit Attachment A)(Grant, Michelle)
December 12, 2016 Filing 1965 NOTICE OF MOTION AND MOTION to file document Supplemental Memorandum based on new evidence in support of Motion to Alter the Court's July 29, 2016 Orders under seal filed by Plaintiff Almont Ambulatory Surgery Center LLC.(Jubelt, Mark)
December 7, 2016 Filing 1964 NOTICE of Change of Attorney Business or Contact Information: for attorney J Gordon Howard counsel for Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. Changing Firm Name to Russell & Oliver, PLC. Changing E-Mail to gordonh@russelloliverlaw.com. Filed by Defendant Walmart Defendants and Sedgwick Defendants. (Howard, J)
December 5, 2016 Filing 1963 NOTICE of Change of Attorney Business or Contact Information: for attorney Akhil Sheth counsel for Defendants The Shaw Group Inc, The Shaw Group, Inc. Employee Welfare Plan. Changing firm name to Crowell & Moring LLP. Changing e-mail and fax number to asheth@crowell.com, 949-263-8414. Filed by The Shaw Group, Inc. and The Shaw Group, Inc. Employee Welfare Plan Akhil Sheth. (Sheth, Akhil)
December 5, 2016 Filing 1962 Notice of Appearance or Withdrawal of Counsel: for attorney Akhil Sheth counsel for Defendants The Shaw Group Inc, The Shaw Group, Inc. Employee Welfare Plan. Akhil Sheth is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by The Shaw Group, Inc. and The Shaw Group, Inc. Employee Welfare Plan Akhil Sheth. (Sheth, Akhil)
December 5, 2016 Filing 1961 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that the Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal #1920 and amendments thereto #1922 #1924 are appropriate for submission on the papers without oral argument. Accordingly, the hearing set on the motion for December 12, 2016, is VACATED and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
November 30, 2016 Filing 1960 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REPLY in support of MOTION to Alter Judgment #1958 . The following error(s) was found: Incorrect event selected. The correct event is: Reply (Motion related) - under Category - Responses, Replies and Other Motion Related Documents. Other: Motion event utilized in docketing this filing; Clerk has terminated the Motion event created by document 1958 only, which was just a Reply in support. Clerk had to modified your docket entry to reflect the caption of document. Please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
November 30, 2016 Filing 1959 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and motion for Leave to File #1957 . The following error(s) was found: Hearing information is missing. Please refer to the Courts website at www.cacd.uscourts.gov for available motion dates. Incorrect event selected. The correct event is: Leave - under Category - Applications/Ex Parte Applications/Motions/Petitions/Requests. Proposed Document was not submitted as separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
November 28, 2016 Filing 1958 REPLY in support of MOTION to Alter or Amend #1861 filed by PLAINTIFF Almont Ambulatory Surgery Center LLC. (Attachments: #1 Supplement) (Jubelt, Mark). Modified on 11/30/2016 (jp).
November 28, 2016 Filing 1957 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE AN UNTIMELY NOTICE OF JOINDER AND JOINDER OF GUARDIAN IN UNITED'S OPPOSITION TO PLAINTIFF'S MOTION TO ALTER OR AMEND THE COURT'S JULY 29, 2016 ORDER DENYING RELIEF FROM DISMISSAL filed by Defendants The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. (Attachments: #1 Declaration Matt Morris, #2 Exhibit A)(Gonzalez, Jason)
November 22, 2016 Filing 1956 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Defendants join in United's Opposition to Plaintiffs' Motion to Alter or Amend The Court's July 29, 2016 Order Denying Relief From Dismissal filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Clark, Shauna)
November 22, 2016 Filing 1955 JOINDER filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company joining in Objection/Opposition (Motion related),,,,,, #1931 . (Kravitz, Ronald)
November 22, 2016 Filing 1954 JOINDER in NOTICE OF MOTION AND MOTION for Joinder in Objection/Opposition (Motion related),, #1880 filed by United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order #1895 filed by Defendant Bausch & Lomb Incorporated. (Gonzalez, Jason)
November 22, 2016 Filing 1953 JOINDER filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A. joining in Objection/Opposition (Motion related),,,,,, #1931 . (Dyke, Charles)
November 22, 2016 Filing 1952 JOINDER filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan joining in Objection/Opposition (Motion related),,,,,, #1931 . (Dyke, Charles)
November 22, 2016 Filing 1951 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Defendants join in United and Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal #1931 . This joinder is filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Howard, J)
November 22, 2016 Filing 1950 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendant PSN USA Holdings, Inc.. (Faucher, Joseph)
November 22, 2016 Filing 1949 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Faucher, Joseph)
November 22, 2016 Filing 1948 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Faucher, Joseph)
November 22, 2016 Filing 1947 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Faucher, Joseph)
November 22, 2016 Filing 1946 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
November 22, 2016 Filing 1945 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Faucher, Joseph)
November 22, 2016 Filing 1944 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to Dkt. 1931 filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Faucher, Joseph)
November 22, 2016 Filing 1943 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Certain Employer and Plan Defendants' Joinder in the Opposition by the United and Jointly Represented Defendants' to the Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal #1931 filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Amplan, The Amtrak Union Benefits Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, GAP Inc. Health and Life Plan, Gap, Inc., Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, Tribune Company, Tribune Company Benefit Program. (Attorney Nicole A Diller added to party APL Limited Medical Welfare Benefit Plan(pty:dft), Attorney Nicole A Diller added to party APL Limited Medical Welfare Benefit Plan(pty:dft), Attorney Nicole A Diller added to party Hewlett-Packard Comprehensive Welfare Benefits Plan(pty:dft), Attorney Nicole A Diller added to party Hewlett-Packard Comprehensive Welfare Benefits Plan(pty:dft))(Diller, Nicole)
November 22, 2016 Filing 1942 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Defendants join in United's Opposition to Plaintiffs' Motion to Alter or Amend The Court's July 29, 2016 Order Denying Relief From Dismissal filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (James, Jason)
November 22, 2016 Filing 1941 JOINDER filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans joining in Objection/Opposition (Motion related),,,,,, #1931 . (Wan, Karen)
November 22, 2016 Filing 1940 JOINDER filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan joining in Objection/Opposition (Motion related),,,,,, #1931 . (Gelb, Paul)
November 22, 2016 Filing 1939 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in Objection/Opposition (Motion related),,,,,, #1931 . (Grasu, Vickie)
November 22, 2016 Filing 1938 CERTIFICATE OF SERVICE filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company, re Objection/Opposition (Motion related), #1932 served on November 22, 2016. (Kimura, Rebecca)
November 22, 2016 Filing 1937 OPPOSITION to Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Notice of Joinder and Joinder of Certain Defendants in United and The Jointly Represented Defendants' Opposition to Plaintiffs' Amended Motion to Alter or Amend The Courts July 29, 2016 Order Denying Relief From Dismissal #1931 filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
November 22, 2016 Filing 1936 NOTICE OF MOTION AND MOTION for Joinder in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 , Order Dismissing Case,, #1770 , Objection/Opposition (Motion related),,,,,, #1931 , Order on Motion for Relief #1861 filed by defendant Ensign United States Drilling, Inc.. Motion set for hearing on 12/12/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Pearson, Jerry)
November 22, 2016 Filing 1935 JOINDER filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan joining in Objection/Opposition (Motion related),,,,,, #1931 . (Lehman, Heather)
November 22, 2016 Filing 1934 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to United and Jointly Represented Defendants' Opposition 1931 re: filed by Defendant Perkins & Marie Callender's LLC. (Costello, Matthew)
November 21, 2016 Filing 1933 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Joinder to dkt 1931 filed by Defendant Perkins & Marie Callender's LLC. (Attorney Matthew E Costello added to party Perkins & Marie Callender's LLC(pty:dft), Attorney Matthew E Costello added to party Perkins & Marie Callender's LLC(pty:dft))(Costello, Matthew)
November 21, 2016 Filing 1932 Joinder to United and Jointly Represented Defendants' Opposition 1931 re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
November 21, 2016 Filing 1931 Opposition re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan, ATI Systems International Inc., ATI Systems- A Garda ompany Group Health Plan, Accenture LLP, Accenture United States Group Health Plan, Acushnet Company, Acushnet Company Consolidated Health and Welfare Plan, Advance/Newhouse Parternership, Advance/Newhouse Partnership Health Benefits Plan, Aegis Media Americas Inc, Air Liquide USA LLC, Air Liquide USA LLC Group Benefits Plan, Akzo Nobel Inc, Akzo Nobel Inc. Salaried Employees Group Benefits Program, Alcatel-Lucent Retiree Welfare Benefits Plan, Alcatel-Lucent USA Inc, Alcon Laboratories Inc, Alcon Laboratories Inc. Voluntary Employees Beneficiary Association Trust, Altec Industries Inc, American Airlines Inc, Cingular Wireless Medical Plus Plan, Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Attachments: #1 Attachment A to Opposition, #2 Declaration of Michelle S. Grant in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal, #3 Declaration of Bryan Westerfeld in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal)(Westerfeld, Bryan)
November 21, 2016 Filing 1930 JOINDER in Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 Defendants join in United and Jointly Represented Defendants Opposition to Plaintiffs' Amended Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
November 21, 2016 Filing 1929 OPPOSITION re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Attachments: #1 Declaration)(Ernster, Shannon)
November 21, 2016 Filing 1928 OPPOSITION re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Attachments: #1 Declaration)(Ernster, Shannon)
November 21, 2016 Filing 1927 OPPOSITION re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . #1924 filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Attachments: #1 Declaration)(Ernster, Shannon)
November 14, 2016 Filing 1926 Notice of Appearance or Withdrawal of Counsel: for attorney Sean T Strauss counsel for Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc., Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust, Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC, Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc., T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. Sean T. Strauss is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant BBA Aviation USA Inc., et al.. (Strauss, Sean)
November 14, 2016 Filing 1925 NOTICE of Change of other firm name or address information by Sean T Strauss attorney for Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc., Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust, Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC, Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc., T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. Changing Attorney Business Information. Filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc., Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust, Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC, Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc., T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Strauss, Sean)
November 10, 2016 Filing 1924 Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Order Dismissing Case,, #1770 , Order on Motion for Relief #1861 . filed by Plaintiffs Almont Ambulatory Surgery Center LLC. Motion set for hearing on 12/12/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Jubelt, Mark)
November 2, 2016 Filing 1923 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew G Sakallaris counsel for Defendants APL Limited, APL Limited Medical Welfare Benefit Plan. Andrew G. Sakallaris is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan. (Attachments: #1 Exhibit)(Attorney Andrew G Sakallaris added to party APL Limited Medical Welfare Benefit Plan(pty:dft), Attorney Andrew G Sakallaris added to party APL Limited Medical Welfare Benefit Plan(pty:dft))(Sakallaris, Andrew)
October 19, 2016 Filing 1922 Amended NOTICE OF MOTION AND MOTION to Amend Motion to Alter Courts 7/29/16 order filed by Plaintiffs Almont Ambulatory Surgery Center LLC. Motion set for hearing on 12/5/2016 at 09:00 AM before Judge Michael W. Fitzgerald. (Jubelt, Mark)
October 17, 2016 Opinion or Order Filing 1921 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1796 CCA # 16-55844 filed by Almont Ambulatory Surgery Center LLC. Appellants' emergency motion to stay district court proceedings pending resolution of a petition for writ of mandamus is denied. Appellants included a petition for writ of mandamus in the October 14, 2016 filing. The October 14, 2016 filing manifests an intent to file the petition for writ of mandamus as a separate matter before this court. Accordingly, the (9th CCA) Clerk shall open a new docket for the petition for writ of mandamus. [See document for all details] (mat)
October 17, 2016 Filing 1920 NOTICE OF MOTION AND MOTION to Amend the Court's july 29 Order Order on Request to Substitute Attorney, #1011 , Order on Motion for Relief #1861 filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
October 14, 2016 Opinion or Order Filing 1919 MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Ex Parte Application to Stay Case #1909 is denied for the reasons stated in the Opposition. IT IS SO ORDERED. (cw)
October 14, 2016 Filing 1918 JOINDER filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan joining in Objection/Opposition (Motion related), #1910 . (Dyke, Charles)
October 14, 2016 Filing 1917 JOINDER filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A. joining in Objection/Opposition (Motion related), #1910 . (Dyke, Charles)
October 14, 2016 Filing 1916 JOINDER filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan joining in Objection/Opposition (Motion related), #1910 , Response in Opposition to Motion,,,,,, #1912 . (Dyke, Charles)
October 14, 2016 Filing 1915 EX PARTE APPLICATION to Stay Case pending 9th Cir Decision on a Writ Reply to United Opposition filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark)
October 14, 2016 Filing 1914 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REPLY to ILWU Opposition to EX PARTE APPLICATION to Stay Case pending 9th Cir Decision on a Writ #1911 . The following error(s) was found: (1) Incorrect event selected. The correct event is: Reply (Motion related) - under Category - Responses, Replies, and Other Motion Related Documents. OTHER: Motion event utilized in docketing this filing; Clerk has terminated the Motion event created by document 1911 only and modified your docket entry to reflect the caption of document, which was just a Reply in support of Ex Parte Application to Stay. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
October 14, 2016 Filing 1913 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir #1909 . The following error(s) was found: Proposed Document was not submitted as separate attachment. Other: Proposed Order shall be filed as separate attachment to the e-filed "NOTICE OF LODGING" and e-mailed to a Judge Fitzgerald generic email addresses a WordPerfect or Microsoft Word version of the document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
October 13, 2016 Filing 1912 OPPOSITION to EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir #1909 Notice of Joinder and Joinder of Certain Defendants in Opposition to Plaintiffs' Emergency Ex Parte Application to Stay Proceedings Pending Writ of Mandate to Review the Court's 9-13-16 Order filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
October 13, 2016 Filing 1911 REPLY in support of Emergency EX PARTE APPLICATION to Stay Case pending 9th Cir Decision on a Writ filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Jubelt, Mark). Modified on 10/14/2016 (jp).
October 13, 2016 Filing 1910 Opposition Opposition re: EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir #1909 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Declaration of Stephen P. Lucke with Exhibit 1)(Grant, Michelle)
October 12, 2016 Filing 1909 EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir filed by plaintiff Almont Ambulatory Surgery Center LLC. (Attorney Mark LaRue Jubelt added to party Almont Ambulatory Surgery Center LLC(pty:pla), Attorney Mark LaRue Jubelt added to party Almont Ambulatory Surgery Center LLC(pty:pla)) (Jubelt, Mark)
October 3, 2016 Opinion or Order Filing 1908 ORDER by Judge Michael W. Fitzgerald GRANTING Request for Approval of Substitution of attorney Mark Jubelt for Plaintiffs in place and stead of Dmitriy Aristov #1907 . (jp)
September 30, 2016 Filing 1907 REQUEST of Dmitriy Aristov Esq. to Withdraw as Attorney filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy)
September 30, 2016 Opinion or Order Filing 1906 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge Michael W. Fitzgerald: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: REQUEST of Dmitriy Aristov Esq., to Withdraw as Attorney #1904 , for the following reasons: (1) Hearing information is incorrect; (2) Proposed Document was not submitted as separate attachment (Form G-01 Order required); (3) The docket entry reflects that this Request will be heard on 10/31/2016. No hearing will be held, no appearances are necessary. The Request shall be refiled with a proper Proposed Order (Form G-01 Order). Counsel did not comply with the Local Rules and Judge Fitzgerald's Procedures and Schedules (mandatory chambers copy and proposed order by email). (jp)
September 30, 2016 Opinion or Order Filing 1905 MINUTES (In Chambers): ORDER GRANTING Plaintiffs Application for an Extension of Time to Respond to Court Order [14-2139: #1903 ] [14-2177: 115] [14-3053: 384] by Judge Michael W. Fitzgerald: Plaintiffs Application is GRANTED. The unredacted version of Plaintiffs motion and accompanying exhibits shall be submitted by no later than 10/17/2016. (jp)
September 28, 2016 Filing 1904 [THIS DOCUMENT IS STRICKEN PER #106 ] - REQUEST of Dmitriy Aristov Esq. to Withdraw as Attorney filed by Plaintiff Almont Ambulatory Surgery Center LLC. Request set for hearing on 10/31/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy) Modified on 9/30/2016 (jp).
September 28, 2016 Filing 1903 EX PARTE APPLICATION for Extension of Time to File Unredacted Motion Per Courts Order filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Aristov, Dmitriy)
September 13, 2016 Filing 1902 NOTICE OF ERRATA filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. correcting Joint REQUEST for Joinder in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 , Order on Motion for Relief #1861 #1899 (Nalty, Sean)
September 13, 2016 Opinion or Order Filing 1901 MINUTES (In Chambers): ORDER DENYING Plaintiffs Application for In Camera Review [14-2177: 107] [14-3053: 378] [14-2139: #1866 ] by Judge Michael W. Fitzgerald: Plaintiffs Application for in camera review is DENIED. The Clerk is ORDERED to return the following documents to Plaintiffs: Case No. 14-2139 (Docket Nos. 1866, 1867)/Case No. 14-2177 (Docket Nos. 107, 108)/Case No. 14-3053 (Docket Nos. 378, 379). The various motions for joinder in United and the Jointly Represented Defendants Opposition to Plaintiffs Motion to Alter or Amend the Court July 29, 2016 Order (Case No. 14-2139 (Docket Nos. 1895, 1899 )) are DENIED as moot. If Plaintiffs wish to go forward with their Motion, they shall file an unredacted Motion and exhibits pursuant to Local Rule 6-1 by 10/3/2016. (jp)
September 13, 2016 Filing 1900 JOINDER filed by Defendants Actavis Health and Welfare Plan, Actavis Inc, Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program, PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan, Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan, U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan joining in Objection/Opposition (Motion related),, #1880 . (Worden, John)
September 13, 2016 Filing 1899 Joint REQUEST for Joinder in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 , Order on Motion for Relief #1861 filed by Certain Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
September 13, 2016 Filing 1898 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 Defendants' Joinder in the Opposition of United and the Jointly Represented Defendants to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Orders Denying Relief From Dismissal filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
September 13, 2016 Filing 1897 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 Defendants' Joinder in the Opposition of United and the Jointly Represented Defendants to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Orders Denying Relief From Dismissal filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
September 13, 2016 Filing 1896 NOTICE OF MOTION AND MOTION for Joinder in Objection/Opposition (Motion related), #1871 United and the Jointly Represented Defendants Opposition to Plaintiffs' Application for an Order Allowing Plaintiffs to Submit their Notice of Motion and Motion to Alter or Amend to Include Supporting Declarations and Exhibits Re Court's July 29, 2016 Order Denying Relief from Dismissal In Camera filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Smersfelt, Kenneth)
September 13, 2016 Filing 1895 NOTICE OF MOTION AND MOTION for Joinder in Objection/Opposition (Motion related),, #1880 filed by United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Kenneth N Smersfelt added to party BMW of North America LLC(pty:dft), Attorney Kenneth N Smersfelt added to party BMW of North America LLC(pty:dft), Attorney Kenneth N Smersfelt added to party BMW of North America LLC Health and Welfare Plans(pty:dft), Attorney Kenneth N Smersfelt added to party BMW of North America LLC Health and Welfare Plans(pty:dft)) (Smersfelt, Kenneth)
September 13, 2016 Filing 1894 JOINDER filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan joining in Objection/Opposition (Motion related),, #1880 . (Lehman, Heather)
September 12, 2016 Filing 1893 JOINDER filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program joining in Objection/Opposition (Motion related),, #1880 . (Diller, Nicole)
September 12, 2016 Filing 1892 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 JOINDER IN UNITED AND JOINTLY REPRESENTED DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO ALTER OR AMEND THE COURT'S JULY 29, 2016 ORDER DENYING RELIEF FROM DISMISSAL filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
September 12, 2016 Filing 1891 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
September 12, 2016 Filing 1890 OPPOSITION re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Clark, Shauna)
September 12, 2016 Filing 1889 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 JOINDER IN UNITED AND JOINTLY REPRESENTED DEFENDANTSOPPOSITION TO PLAINTIFFS MOTION TO ALTER OR AMEND THE COURTS JULY 29, 2016 ORDER DENYING RELIEF FROM DISMISSAL filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. (Gelb, Paul)
September 12, 2016 Filing 1888 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 JOINDER IN UNITED'S OPPOSITIONTO PLAINTIFF'S MOTION TO ALTER OR AMEND THE COURT'S JULY 29, 2016 ORDER DENYING RELIEF FROM DISMISSAL filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (James, Jason)
September 12, 2016 Filing 1887 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 Defendants join in United and Jointly Represented Defendants Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
September 12, 2016 Filing 1886 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 Defendants join in United and Jointly Represented Defendants Opposition to Plaintiffs Motion to Alter or Amend the Courts July 29, 2016 Order Denying Relief from Dismissal. Said Joinder is filed by Defendant Perkins Flexible Benefits Plan. (Costello, Matthew)
September 12, 2016 Filing 1885 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Attachments: #1 Declaration of Shannon L. Ernster is Support of Opposition to Pltf's Mtn to Alter or Amend the Court's July 29, 2016 Order)(Ernster, Shannon)
September 12, 2016 Filing 1884 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 Defendants join in United and Jointly Represented Defendants Opposition to Plaintiffs Motion to Alter or Amend the Courts July 29, 2016 Order Denying Relief from Dismissal. Said Joinder is filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Howard, J)
September 12, 2016 Filing 1883 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in Objection/Opposition (Motion related),, #1880 . (Grasu, Vickie)
September 12, 2016 Filing 1882 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendant Nursefinders, LLC. (Attachments: #1 Declaration of Shannon L. Ernster in Support of Opposition to Pltf's Mtn to Alter or Amend the Court July 29, 2016 Order Denying Relief from Dismissal)(Ernster, Shannon)
September 12, 2016 Filing 1881 OPPOSITION in Opposition re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Attachments: #1 Declaration of Shannon L. Ernster ISO The ServiceMaster Company, LLC and the ServiceMaster Health & Welfare Benefits Plan's Opposition to Plaintiffs' Motion to Alter or Amend)(Ernster, Shannon)
September 12, 2016 Filing 1880 OPPOSITION to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan, ATI Systems International Inc., ATI Systems- A Garda ompany Group Health Plan. (Attachments: #1 Attachment A, #2 Declaration of Bryan Westerfeld)(Grant, Michelle)
September 12, 2016 Filing 1879 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 , Order on Motion for Relief #1861 filed by defendant Ensign United States Drilling, Inc.. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Pearson, Jerry)
September 12, 2016 Filing 1878 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants PSN USA Holdings, Inc., PSN USA Holdings, Inc. Welfare Benefit Plan. (Faucher, Joseph)
September 12, 2016 Filing 1877 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Attorney Joseph Charles Faucher added to party T-Mobile USA, Inc.(pty:dft), Attorney Joseph Charles Faucher added to party T-Mobile USA, Inc.(pty:dft), Attorney Joseph Charles Faucher added to party T-Mobile USA, Inc. Employee Benefit Plan(pty:dft), Attorney Joseph Charles Faucher added to party T-Mobile USA, Inc. Employee Benefit Plan(pty:dft))(Faucher, Joseph)
September 12, 2016 Filing 1876 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Faucher, Joseph)
September 12, 2016 Filing 1875 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Attorney Joseph Charles Faucher added to party Plains All American GP LLC Employee Benefit Plan(pty:dft), Attorney Joseph Charles Faucher added to party Plains All American GP LLC Employee Benefit Plan(pty:dft), Attorney Joseph Charles Faucher added to party Plains All American GP, LLC(pty:dft), Attorney Joseph Charles Faucher added to party Plains All American GP, LLC(pty:dft))(Faucher, Joseph)
September 12, 2016 Filing 1874 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
September 12, 2016 Filing 1873 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Faucher, Joseph)
September 12, 2016 Filing 1872 JOINDER in NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Attorney Joseph Charles Faucher added to party BBA Aviation Benefit Plan(pty:dft), Attorney Joseph Charles Faucher added to party BBA Aviation Benefit Plan(pty:dft), Attorney Joseph Charles Faucher added to party BBA Aviation USA Inc.(pty:dft), Attorney Joseph Charles Faucher added to party BBA Aviation USA Inc.(pty:dft))(Faucher, Joseph)
September 6, 2016 Filing 1871 OPPOSITION United and the Jointly Represented Defendants Opposition re: APPLICATION for Leave for In Camera Review #1866 , NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . #1867 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit A)(Grant, Michelle)
August 31, 2016 Filing 1870 TRANSCRIPT ORDER as to Defendant United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company, Unitedhealth Group Employee Health Benefit Plan for Court Reporter. Court will contact Susan E. Wolfe at wolfe.susan@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lucke, Stephen)
August 31, 2016 Filing 1869 TRANSCRIPT ORDER as to Defendant United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company, Unitedhealth Group Employee Health Benefit Plan for Court Reporter. Court will contact Susan E. Wolfe at wolfe.susan@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lucke, Stephen)
August 26, 2016 Filing 1868 FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff Almont Ambulatory Surgery Center LLC. Amending Notice of Appeal to 9th Circuit Court of Appeals #1796 (Aristov, Dmitriy)
August 26, 2016 Filing 1867 NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #1861 . filed by Plaintiff Almont Ambulatory Surgery Center LLC. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration) (Aristov, Dmitriy)
August 26, 2016 Filing 1866 APPLICATION for Leave for In Camera Review filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Aristov, Dmitriy)
August 26, 2016 Filing 1865 Notice of Appearance or Withdrawal of Counsel: for attorney Dmitriy Aristov counsel for Plaintiff Almont Ambulatory Surgery Center LLC. Adding Mark Jubelt as counsel of record for Ciro Surgery Center, East Bay Ambulatory Surgery LLC, Independent Medical Services, Palmdale Surgery Center, San Diego Ambulatory Surgery Center LLC, West Hills Surgery Center, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Almont Ambulatory Surgery Center LLC; et al. (Aristov, Dmitriy)
August 26, 2016 Filing 1864 NOTICE of Manual Filing filed by Plaintiff Almont Ambulatory Surgery Center LLC of MEMORANDUM OF POINTS AND AUTHORITIES FOR MOTION TO ALTER OR AMEND JUDGEMENT DECLARATIONS OF JULIAN OMIDI (ATTACHED EXHIBITS) DECLARATIONS OF MYRNA JAVIER (ATTACHED EXHIBITS) DECLARATION OF JOSEPH GAROFALO. (Aristov, Dmitriy)
August 1, 2016 Filing 1863 NOTICE OF FILING TRANSCRIPT filed for proceedings 07/19/16 - 2:33 P.M re Transcript #1862 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
August 1, 2016 Filing 1862 TRANSCRIPT for proceedings held on 07/19/16 - 2:33 P.M.. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; CSRLISAG@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. (Gonzalez, Lisa)
July 29, 2016 Opinion or Order Filing 1861 MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR RELIEF FROM ORDER DISMISSING ACTION #1786 by Judge Michael W. Fitzgerald: the Motion is DENIED. IT IS SO ORDERED. See minute order for details. (jy)
July 26, 2016 Opinion or Order Filing 1860 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #1796 filed by Almont Ambulatory Surgery Center LLC. CCA # 16-55844. The court's records reflect that the notice of appeal was filed during the pendency of a timely filed motion listed in Federal Rule of Appellate Procedure 4(a)(4). The notice of appeal is therefore ineffective until entry of the order disposing of the last such motion outstanding. Accordingly, appellate proceedings other than mediation shall be held in abeyance pending the district court's resolution of the pending motion. [See document for further information] (car)
July 21, 2016 Filing 1859 MINUTES OF Plaintiff Motion for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration #1786 (14-2139); Joinder #1817 #1847 #1848 #1849 #1850 #1852 ; Plaintiffs for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration (83)(14-2177); Plaintiffs MOTION for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration (349)(14-3053) before Judge Michael W. Fitzgerald: Case called. The Court hears oral argument fromcounsel and takes the motions under submission. An order will issue. Court Reporter: Lisa Gonzalez. (jp)
July 18, 2016 Filing 1858 NOTICE of Appearance filed by attorney Dylan Daniel Rudolph on behalf of Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc., Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust, Orix USA Corporation, Orix USA Corporation Welfare Plan, PSN USA Holdings, Inc., Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC, Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc., T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan (Attorney Dylan Daniel Rudolph added to party BBA Aviation Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party BBA Aviation Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party BBA Aviation USA Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party BBA Aviation USA Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party Kinetic Concepts, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party Kinetic Concepts, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party Kinetics Concepts Inc. Employee Benefits Trust(pty:dft), Attorney Dylan Daniel Rudolph added to party Kinetics Concepts Inc. Employee Benefits Trust(pty:dft), Attorney Dylan Daniel Rudolph added to party Orix USA Corporation(pty:dft), Attorney Dylan Daniel Rudolph added to party Orix USA Corporation(pty:dft), Attorney Dylan Daniel Rudolph added to party Orix USA Corporation Welfare Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party Orix USA Corporation Welfare Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party PSN USA Holdings, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party PSN USA Holdings, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party Plains All American GP LLC Employee Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party Plains All American GP LLC Employee Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party Plains All American GP, LLC(pty:dft), Attorney Dylan Daniel Rudolph added to party Plains All American GP, LLC(pty:dft), Attorney Dylan Daniel Rudolph added to party Red Wing Shoe Company Flexible Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party Red Wing Shoe Company Flexible Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party Red Wing Shoe Company, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party Red Wing Shoe Company, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party T-Mobile USA, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party T-Mobile USA, Inc.(pty:dft), Attorney Dylan Daniel Rudolph added to party T-Mobile USA, Inc. Employee Benefit Plan(pty:dft), Attorney Dylan Daniel Rudolph added to party T-Mobile USA, Inc. Employee Benefit Plan(pty:dft))(Rudolph, Dylan)
July 12, 2016 Filing 1857 SCHEDULING NOTICE CONTINUING HEARING by Judge Michael W. Fitzgerald. Motions currently set for hearing on 7/19/2016 at 10:00 AM, have been continued to 7/19/2016 at 2:00 PM before Judge Michael W. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
July 11, 2016 Filing 1856 SCHEDULING NOTICE CONTINUING HEARING by Judge Michael W. Fitzgerald. Motions for Relief from Order and for Reconsideration currently set for hearing on 7/18/2016 at 10:00 AM, have been continued to 7/19/2016 at 10:00 AM before Judge Michael W. Fitzgerald.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
July 5, 2016 Filing 1855 REPLY in Support of Motion for Relief From Dismissal First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Jaroscak, Maureen)
July 1, 2016 Filing 1854 Notice of Appearance or Withdrawal of Counsel: for attorney Daron L Tooch counsel for Plaintiff Almont Ambulatory Surgery Center LLC. DARON TOOCH is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Tooch, Daron)
June 30, 2016 Filing 1853 NOTICE OF ERRATA filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. correcting Objection/Opposition (Motion related),,,,,, #1845 (Attachments: #1 Attachment, #2 Exhibit 1, #3 Exhibit 2)(Grant, Michelle)
June 30, 2016 Filing 1852 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendant Actavis Inc. (Ferrera, Teresita)
June 28, 2016 Opinion or Order Filing 1851 ORDER GRANTING Ex Parte Application to Extend the Deadline under FRCP 54 #1802 by Judge Michael W. Fitzgerald that HD SUPPLY has until 20 days after the Court serves and files its order regarding Plaintiffs motion for reconsideration pursuant to Federal Rule of Civil Procedure 60(b)(1) to file and serve a bill of costs and a motion for attorney fees under the Employee Retirement Income Security Act. (jp)
June 28, 2016 Filing 1850 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program. (Diller, Nicole)
June 28, 2016 Filing 1849 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Joinder in United and Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Order Dismissing Action pursuant to FRCP 60(b)(1) and Motion for Reconsideration; and Notice of Certain Plaintiffs' Suspended Corporate Status filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
June 27, 2016 Filing 1848 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. (Gonzalez, Jason)
June 27, 2016 Filing 1847 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated, Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. (Gonzalez, Jason)
June 27, 2016 Filing 1846 OPPOSITION re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Clark, Shauna)
June 27, 2016 Filing 1845 Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Motion for Reconsideration; and Notice of Certain Plaintiffs' Suspended Corporate Status filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Attachments: #1 Attachment A to Opposition, #2 Declaration of Sean P. Nalty in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #3 Declaration of Bryan S. Westerfeld in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #4 Declaration of Timothy Branson in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #5 Declaration of John Steele, #6 Declaration of Michelle S. Grant in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #7 Exhibit A Part 1 to Declaration of Grant, #8 Exhibit A Part 2 to Declaration of Grant, #9 Exhibit A Part 3 to Declaration of Grant, #10 Exhibit A Part 4 to Declaration of Grant, #11 Exhibit B to Declaration of Grant, #12 Exhibit C to Declaration of Grant, #13 Exhibit D to Declaration of Grant, #14 Exhibit E to Declaration of Grant)(Westerfeld, Bryan)
June 27, 2016 Filing 1844 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Notice of Joinder and Joinder in United and the Jointly Represented Defendants' Opposition filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (James, Jason)
June 27, 2016 Filing 1843 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Opposition and Joinder filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
June 27, 2016 Filing 1842 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Opposition and Joinder filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
June 27, 2016 Filing 1841 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
June 27, 2016 Filing 1840 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. (Lehman, Heather)
June 27, 2016 Filing 1839 OPPOSITION to re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 And Joinder In United And The Jointly Represented Defendants Opposition To Plaintiffs Motion For Relief From Order Dismissing Action filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Shah, Raagini)
June 27, 2016 Filing 1838 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Huss, R)
June 27, 2016 Filing 1837 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Huss, R)
June 27, 2016 Filing 1836 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Huss, R)
June 27, 2016 Filing 1835 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Huss, R)
June 27, 2016 Filing 1834 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Huss, R)
June 27, 2016 Filing 1833 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Opposition filed by Defendant PSN USA Holdings, Inc.. (Faucher, Joseph)
June 27, 2016 Filing 1832 Opposition of Aera Energy Services Company and Aera Energy Services Company Medical Benefits Plan and Joinder in United's Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendant Aera Energy Services Company. (Jamison, Daniel)
June 27, 2016 Filing 1831 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Joinder in Motion filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
June 27, 2016 Filing 1830 OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF JOINDER AND JOINDER IN UNITED AND THE JOINTLY REPRESENTED DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF CERTAIN PLAINTIFFS' SUSPENDED CORPORATE STATUS in Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
June 27, 2016 Filing 1829 OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF JOINDER AND JOINDER IN UNITED AND THE JOINTLY REPRESENTED DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF CERTAIN PLAINTIFFS' SUSPENDED CORPORATE STATUS in Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
June 27, 2016 Filing 1828 OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF JOINDER AND JOINDER IN UNITED AND THE JOINTLY REPRESENTED DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR RELIEF FROM ORDER DISMISSING ACTION PURSUANT TO FRCP 60(B)(1) AND MOTION FOR RECONSIDERATION, AND NOTICE OF CERTAIN PLAINTIFFS' SUSPENDED CORPORATE STATUS in Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Ernster, Shannon)
June 27, 2016 Filing 1827 OPPOSITION TO re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 [Defendants Allstate Insurance Company and Allstate Cafeteria Plan's Opposition to Plaintiffs' Motion for Relief from Order Dismissing Action Pursuant to FRCP 60(B)(1) and Motion for Reconsideration; and JOINDER to United and the Jointly Represented Defendants' Opposition] filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
June 27, 2016 Filing 1826 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Medegen Welfare Benefit Plan, Medegen, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1825 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1824 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. (Grasu, Vickie)
June 27, 2016 Filing 1823 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1822 Opposition In Opposition of re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Opposition to Plaintiffs' Motion for Relief; Notice of Joinder and Joinder in United and the Jointly Represented Defendants' Opposition filed by Defendant Perkins Flexible Benefits Plan. (Costello, Matthew)
June 27, 2016 Filing 1821 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1820 MEMORANDUM of Points and Authorities in Opposition filed by Defendants OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1819 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1818 MEMORANDUM of Points and Authorities in Opposition filed by Defendants The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1817 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Defendant's Glaxosmithkline LLC's and GlaxoSmithKline Health and Welfar Plan Joinder to United and the Jointly Represented Defendant's Opposition to Plaintiff's Motion for Relief From Order Dismissing Action Pursuant to FRCP 60 and Motion for Reconsideration filed by Defendants GlaxoSmithKline Health and Welfare Benefits Plan for US Employees, GlaxoSmithKline, LLC. (Birenbaum, Charles)
June 27, 2016 Filing 1816 Opposition to Plaintiffs' Motion for Relief from Order Dismissing Action 1786 re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
June 27, 2016 Filing 1815 MEMORANDUM of Points and Authorities in Opposition filed by Defendants GE Global Health Plan, General Electric Company. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1814 MEMORANDUM of Points and Authorities in Opposition filed by Defendants G6 Hospitality Group Insurance Plan Actavis Inc. and G6 Hospitality, LLC in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1813 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Five Star Quality Care, Five Star Quality Care-CA, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1812 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc.. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1811 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: Notice of Appearance or Withdrawal of Counsel (G-123),, #1785 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1810 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Covidien Health & Welfare Benefits Plan, Covidien, LP. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1809 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Howard, J)
June 27, 2016 Filing 1808 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Centric Group LLC, Centrix Group Hospital Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1807 MEMORANDUM of Points and Authorities in Opposition filed by Defendants Brink's Incorporated, The Brinks Company Comprehensive Health and Welfare Plan. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1806 MEMORANDUM of Points and Authorities in Opposition filed by Defendants AEG Employee Health & Welfare Plan, Anschutz Entertainment Group Inc. in Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(b)(1) and Motion for Reconsideration Re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 , Joinder (Motion Related) #1788 (Nalty, Sean)
June 27, 2016 Filing 1805 OPPOSITION to re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 Building Materials Corporation of America and GAF Materials Corporation Welfare Benefit Plan's Opposition to Plaintiffs' Motion for Relief from Order Dismissing Action Pursuant to FRCP 60(b)(1) and Motion for Reconsideration filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. (Gelb, Paul)
June 27, 2016 Filing 1804 OPPOSITION to First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 and Motion for Reconsideration #1788 filed by Defendants Southwest Airlines Co., Southwest Airlines Co. Welfare Benefit Plan. (Perrin, Edward)
June 27, 2016 Opinion or Order Filing 1803 AMENDED ORDER by Judge Michael W. Fitzgerald: The Order entered at Docket No. #1800 , pertaining to the Ex Parte Application at Docket No. #1799 is amended as follows. Based on the Application of the Defendants contained in the list attached hereto ("Defendants"), and Good Cause appearing therefore, Defendants can file under Federal Rule of Civil Procedure 54 their motion for attorney's fees under the Employee Retirement Income Security Act ("ERISA"), and their Bill of Costs, within 20 days of service of this Court's order ruling on plaintiffs' Motion for Relief from Order Dismissing Action Pursuant to FRCP 60(b)(1) and Motion for Reconsideration at Docket No. #1786 . IT IS SO ORDERED. (cw)
June 27, 2016 Filing 1802 EX PARTE APPLICATION for Extension of Time to File Attorneys Fee Motion Under ERISA And Bill Of Costs filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. (Attachments: #1 Declaration of Vickie V. Grasu, #2 Exhibit to Declaration of Vickie V. Grasu, #3 Exhibit to Declaration of Vickie V. Grasu, #4 Proposed Order) (Grasu, Vickie)
June 27, 2016 Filing 1801 NOTICE OF LODGING filed re EX PARTE APPLICATION for Extension of Time to File Defendants Attorney's Fee Motion Under ERISA and to Submit a Bill of Costs #1799 (Attachments: #1 Proposed Order Granting Defendants Ex Parte Application to Extend the Deadline Under FRCP 54)(Nalty, Sean)
June 24, 2016 Opinion or Order Filing 1800 ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION TO EXTEND THE DEADLINE UNDER FEDERAL RULE OF CIVIL PROCEDURE 54 by Judge Michael W. Fitzgerald: granting #1799 EX PARTE APPLICATION for Extension of Time to File. Defendants have until June 27, 2016 to file and serve a bill of costs and a motion for attorney's fees under the Employee Retirement Income Security Act ("ERISA") pursuant to Federal Rule of Civil Procedure 54. IT IS SO ORDERED. (lom)
June 23, 2016 Filing 1799 EX PARTE APPLICATION for Extension of Time to File Defendants Attorney's Fee Motion Under ERISA and to Submit a Bill of Costs filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Attachments: #1 Declaration of Sean P. Nalty in Support of Defendants' Ex Parte Application to Extend Deadline to File an Attorneys Fee Motion Under ERISA and to Submit a Bill of Costs, #2 Proposed Order Granting Defendants' Ex Parte Application to Extend the Deadline Under Fed. R. Civ. P. 54) (Nalty, Sean)
June 17, 2016 Filing 1798 NOTIFICATION by Circuit Court of Appellate Docket Number 16-55844, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals #1796 as to plaintiffs San Diego Ambulatory Surgery Center LLC, San Joaquin Valley Surgery Center LLC, Valencia Ambulatory Surgery Center LLC, West Hills Surgery Center LLC. (mat)
June 13, 2016 Opinion or Order Filing 1797 MINUTES (In Chambers): ORDER DENYING PLAINTIFFS Ex Parte Application #1789 , [14-2177: 87]; [14-3053: 354] by Judge Michael W. Fitzgerald: Plaintiffs Ex Parte Applications are DENIED as moot. For any ex parte application in the future, counsel for Plaintiffs are ADMONISHED to determine the position of the opposing parties, and then state that position in the ex parte application. Local Rule 7.19-1. (jp)
June 13, 2016 Filing 1796 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Almont Ambulatory Surgery Center LLC. Appeal of Order Dismissing Case,, #1770 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17993118.) (Aristov, Dmitriy)
June 13, 2016 Filing 1795 NOTICE Notice of Date of Hearing filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Aristov, Dmitriy)
June 13, 2016 Filing 1794 JOINDER in NOTICE OF MOTION AND MOTION for Joinder in Reply (Motion related), #1790 #1793 filed by Defendants Actavis Health and Welfare Plan, Actavis Inc, Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program, PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan, Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan, U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. (Attorney Katelyn Elizabeth Keegan added to party Actavis Inc(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Actavis Inc(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Avon Products Inc.(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Avon Products Inc.(pty:dft), Attorney Katelyn Elizabeth Keegan added to party McMaster-Carr Supply Company Group Insurance Program(pty:dft), Attorney Katelyn Elizabeth Keegan added to party McMaster-Carr Supply Company Group Insurance Program(pty:dft), Attorney Katelyn Elizabeth Keegan added to party PSC, LLC Group Welfare Benefits Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party PSC, LLC Group Welfare Benefits Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Tech Data Corporation Employee Welfare Benefits Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Tech Data Corporation Employee Welfare Benefits Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party U.S. Nursing Corporation(pty:dft), Attorney Katelyn Elizabeth Keegan added to party U.S. Nursing Corporation(pty:dft))(Keegan, Katelyn)
June 13, 2016 Filing 1793 NOTICE OF MOTION AND MOTION for Joinder in Reply (Motion related), #1790 filed by defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
June 10, 2016 Filing 1792 JOINDER filed by Defendants APL Limited, APL Limited Medical Welfare Benefit Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Comprehensive Welfare Benefits Plan, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, The Gap, Inc., The Gap, Inc. Health and Life Plan, Tribune Company, Tribune Company Benefit Program joining in Reply (Motion related), #1790 . (Diller, Nicole)
June 9, 2016 Filing 1791 JOINDER in First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #1789 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Jaroscak, Maureen)
June 9, 2016 Filing 1790 REPLY First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #1789 United and Jointly Represented Defendants' Response to Certain Plaintiffs' Emergency Ex Parte Motion for Extension of Time to File Notice of Appeal from Orders of Dismissal filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Westerfeld, Bryan)
June 8, 2016 Filing 1789 First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy)
June 4, 2016 Filing 1788 JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 #1786 filed by Plaintiff Ciro Surgery Center LLC. (Jaroscak, Maureen)
June 3, 2016 Filing 1787 NOTICE of Association of Counsel associating attorney Roger Jon Diamond on behalf of Plaintiff Almont Ambulatory Surgery Center LLC. Filed by Plaintiff Almont Ambulatory Surgery Center LLC (Jaroscak, Maureen)
June 3, 2016 Filing 1786 First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Order Dismissing Case,, #1770 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Aristov, Dmitriy)
June 1, 2016 Filing 1785 Notice of Appearance or Withdrawal of Counsel: for attorney Maureen Jaroscak counsel for Plaintiff Ciro Surgery Center LLC. Adding Robert Rice as counsel of record for Ciro Surgery Center, East Bay Ambulatory Surgery Center, Palmdale Ambulatory Surgery Center, San diego Ambulatory Surgery Center, Surgery Center Management, Valley Surgical Center, West Hills Surgery Center for the reason indicated in the G-123 Notice. Filed by parties Ciro Surgery Center, DeVida USA, 1800-GET-THIN, East Bay Ambulatory Surgery Center, Palmdale Ambulatory Surgery Center, San diego Ambulatory Surgery Center, Surgery Center Management, Valley Surgical Center, LLC, and West Hills Surgery Center. (Jaroscak, Maureen)
May 31, 2016 Opinion or Order Filing 1784 ORDER GRANTING Defendants Reyes Holdings LLC and The Reyes Holdings Flexible Benefits Plan Ex Parte Application to Extend Deadline to File and Attorneys Fee Motion Under ERISA and Bill of Costs #1780 by Judge Michael W. Fitzgerald that Reyes Defendants shall have until 6/27/2016, to file and serve a bill of costs and a motion for attorneys fees under the Employee Retirement Income Security Act pursuant to Federal Rule of Civil Procedure 54. (jp)
May 31, 2016 Opinion or Order Filing 1783 ORDER GRANTING Defendants HD Supply, inc., and HD Supply health and Welfarge Program Ex Parte Application to Extend the Deadline Under FRCP 54 #1777 by Judge Michael W. Fitzgerald that HD SUPPLY has until 6/27/2016 to file and serve a bill of costs and a motion for attorney fees under 4 the Employee Retirement Income Security Act pursuant to Federal Rule of Civil Procedure 54. (jp)
May 31, 2016 Opinion or Order Filing 1782 ORDER GRANTING Defendants Ex Parte Application to Extend Deadline to File an Attorney Fee motion Under ERISA and to Submit a Bill of Costs #1776 by Judge Michael W. Fitzgerald that BMW shall have until 6/27/2016, to file and serve a bill of costs and a motion for attorney fees under the Employee Retirement Income Security Act pursuant to Federal Rule of Civil Procedure 54. (jp)
May 31, 2016 Filing 1781 Notice of Appearance or Withdrawal of Counsel: for attorney Dmitriy Aristov counsel for Plaintiff Almont Ambulatory Surgery Center LLC. Adding Dmitriy Aristov as counsel of record for Almont Ambulatory Surgery Center LLC; Bakersfield Surgery Institute, LLC; Modern Institute of Plastic Surgery & Antiaging, Inc; San Diego Ambulatory Surgery Center LLC; Valencia Ambulatory Surgery Center, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Almont Ambulatory Surgery Center LLC; Bakersfield Surgery Institute, LLC; Modern Institute of Plastic Surgery & Antiaging, Inc; San Diego Ambulatory Surgery Center LLC; Valencia Ambulatory Surgery Center, LLC. (Attorney Dmitriy Aristov added to party Almont Ambulatory Surgery Center LLC(pty:pla), Attorney Dmitriy Aristov added to party Almont Ambulatory Surgery Center LLC(pty:pla))(Aristov, Dmitriy)
May 27, 2016 Filing 1780 EX PARTE APPLICATION for Extension of Time to File Attorneys' Fee Motion under ERISA and Bill of Costs filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. (Attachments: #1 Proposed Order Almont_Reyes_Proposed_Order_re_Motion_for_Extension, #2 Declaration Lehman Declaration) (Lehman, Heather)
May 27, 2016 Opinion or Order Filing 1779 MINUTE (In Chambers): ORDER REJECTING Plaintiffs Response to Court Order to Show Cause re: Plan Documents #1773 by Judge Michael W. Fitzgerald: The Response is REJECTED. Plaintiffs are ADMONISHED not to make any similar filings in this closed action. (jp)
May 27, 2016 Filing 1778 Objection to Declarations of United Defendants Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Plaintiff Independent Medical Services Inc. (Attorney Robert J Rice added to party Independent Medical Services Inc(pty:pla), Attorney Robert J Rice added to party Independent Medical Services Inc(pty:pla))(Rice, Robert)
May 27, 2016 Filing 1777 EX PARTE APPLICATION for Extension of Time to File Attorneys Fee Motion Under ERISA And Bill Of Costs filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. (Attachments: #1 Declaration of Vickie V. Grasu, #2 Exhibit 1) (Grasu, Vickie)
May 27, 2016 Filing 1776 EX PARTE APPLICATION for Extension of Time to File an Attorney's Fee Motion Under ERISA and to Submit a Bill of Costs filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Attachments: #1 Proposed Order, #2 Declaration of Raagini Shah, #3 Exhibit 1 to Shah Declaration) (Attorney Raagini Shah added to party BMW of North America LLC(pty:dft), Attorney Raagini Shah added to party BMW of North America LLC(pty:dft), Attorney Raagini Shah added to party BMW of North America LLC Health and Welfare Plans(pty:dft), Attorney Raagini Shah added to party BMW of North America LLC Health and Welfare Plans(pty:dft)) (Shah, Raagini)
May 26, 2016 Filing 1775 Notice of Appearance or Withdrawal of Counsel: for attorney Daron L Tooch counsel for Plaintiff Almont Ambulatory Surgery Center LLC. DARON TOOCH is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Tooch, Daron)
May 26, 2016 Filing 1774 Notice of Appearance or Withdrawal of Counsel: for attorney Bridget A Gordon counsel for Plaintiff Almont Ambulatory Surgery Center LLC. BRIDGET GORDON is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Gordon, Bridget)
May 26, 2016 Filing 1773 RESPONSE filed by Plaintiff Almont Ambulatory Surgery Center LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines #1691 (Attachments: #1 Exhibit Exhibit A, #2 Supplement Supplement I, #3 Supplement Supplement II, #4 Supplement Supplement III, #5 Declaration Declaration with Exhibits)(Aristov, Dmitriy)
May 26, 2016 Opinion or Order Filing 1772 ORDER GRANTING Defendants Ex Parte Application to Extend the Deadline under FRCP 54 #1771 by Judge Michael W. Fitzgerald that Defendants have until 6/27/2016 to file and serve a bill of costs and a motion for attorney fees under the Employee Retirement Income Security Act pursuant to FRCPe 54. (jp)
May 25, 2016 Filing 1771 EX PARTE APPLICATION for Extension of Time to File Defendants Attorney Fee Motion Under ERISA and to Submit a Bill of Costs filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Attachments: #1 Declaration of Sean P. Nalty in Support of Defendants' Ex Parte Application to Extend Deadline to File an Attorneys' Fee Motion Under ERISA and to Submit a Bill of Costs, #2 Proposed Order Granting Defendants' Ex Parte Application to Extend Deadline Under FRCP 54) (Nalty, Sean)
May 13, 2016 Opinion or Order Filing 1770 MINUTES (In Chambers): ORDER DISMISSING ACTION WITH PREJUDICE by Judge Michael W. Fitzgerald, this action is DISMISSED with prejudice. Similar Orders are being entered in the two related actions. This Order shall constitute notice of entry of judgment pursuant to FRCP 58. Pursuant to Local Rule 58-6, the Court ORDERS the Clerk to treat this Order, and its entry on the docket, as an entry of judgment. The Court further ORDERS the Clerk to send copies of this Order to prior counsel at Hooper, Lundy AND Bookman, P.C., and to potential new counsel Roger J. Diamond, Esq., to be provided to Plaintiffs. (Case Terminated. Made JS-6.) (jp)
May 11, 2016 Filing 1769 RESPONSE filed by Plaintiff Almont Ambulatory Surgery Center LLCto Order on Motion to Withdraw as Attorney,,, #1763 Response of Roger Diamond To Orders to Show Cause (Jaroscak, Maureen)
April 23, 2016 Filing 1768 NOTICE of Change of address by Rebecca K Kimura attorney for Defendants Allstate Cafeteria Plan, Allstate Insurance Company. Changing attorneys address to 1300 Clay Street, Suite 810, Oakland, CA 94612. Filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
April 23, 2016 Filing 1767 NOTICE of Change of address by Susan T Kumagai attorney for Defendants Allstate Cafeteria Plan, Allstate Insurance Company. Changing attorneys address to 1300 Clay Street, Suite 810, Oakland, CA 94612. Filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kumagai, Susan)
April 23, 2016 Filing 1766 NOTICE of Change of address by Gary T Lafayette attorney for Defendants Allstate Cafeteria Plan, Allstate Insurance Company. Changing attorneys address to 1300 Clay Street, Suite 810, Oakland, CA 94612. Filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Lafayette, Gary)
March 25, 2016 Filing 1765 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph Charles Faucher counsel for Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. Changing Address and Firm Name to Trucker Huss, One Embarcadero Center, 12th Fl., San Francisco, CA 94111. Changing e-mail and fax number to jfaucher@truckerhuss.com; 415-421-2017. Filed by Defendants Orix USA Corporation and Orix USA Corporation Welfare Plan. (Faucher, Joseph)
March 25, 2016 Filing 1764 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph Charles Faucher counsel for Defendant PSN USA Holdings, Inc.. Changing Address and Firm Name to Trucker Huss, One Embarcadero Center, 12th Fl., San Francisco, CA 94111. Changing e-mail and fax number to jfaucher@truckerhuss.com; 415-421-2017. Filed by Defendant Wood Group PSN, Inc.. (Faucher, Joseph)
March 22, 2016 Opinion or Order Filing 1763 MINUTES (In Chambers): ORDER GRANTING Motions for Leave to Withdraw as Counsel of Record for Plaintiffs #1692 ; [No. 14-3053; 270] by Judge Michael W. Fitzgerald: the Motion is GRANTED. HLB and its lawyers are GRANTED LEAVE to withdraw and are no longer counsel of record, as of 3/14/2016. Thedocket will be so noted. The only duty of counsel after March 14 is to inform their former clients of the deadlines in this action. Plaintiffs are ORDERED TO SHOW CAUSE on or before 5/11/2016, as to why these actions should not be dismissed for failure to prosecute. As noted at the hearing, Defendants shall respond to the Third Amended Complaint 21 days after the Court rules on the outstanding issues the parties raised during the last round of briefing on the Motions to Dismiss. (jp)
March 21, 2016 Filing 1762 MINUTES OF MOTION OF DARON L. TOOCH TO WITHDRAW AS ATTORNEY #1692 : Motion Hearing held before Judge Michael W. Fitzgerald: Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Narel L. Jansen. (shb)
March 15, 2016 Filing 1761 Notice of Appearance or Withdrawal of Counsel: for attorney Heather M McCann counsel for Defendants AARP, AARP Employees Welfare Plan. Heather M. McCann is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant AARP, et al.. (McCann, Heather)
March 14, 2016 Filing 1760 MINUTES OF Motion of Daron L Tooch to Withdraw as Attorney of Record for Plaintiffs (68) #1692 ; MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants (270) before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel state their appearance. The Court hears oral argument from counsel and GRANTS the motion. An order will issue. Court Reporter: Naren L. Jansen. (jp)
March 11, 2016 Filing 1759 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph Charles Faucher counsel for Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. Joseph C. Faucher is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Building Materials Corporation of America and GAF Materials Corporation Welfare Benefit Plan. (Faucher, Joseph)
March 11, 2016 Filing 1758 NOTICE of Appearance filed by attorney Paul M Gelb on behalf of Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan (Attorney Paul M Gelb added to party Building Materials Corporation of America(pty:dft), Attorney Paul M Gelb added to party Building Materials Corporation of America(pty:dft), Attorney Paul M Gelb added to party GAF Materials Corporation Welfare Benefit Plan(pty:dft), Attorney Paul M Gelb added to party GAF Materials Corporation Welfare Benefit Plan(pty:dft))(Gelb, Paul)
March 9, 2016 Filing 1757 MINUTE (In Chambers) GRANTING Stipulation Re: Deadline to Respond to the Third Amended Complaint #1752 by Judge Michael W. Fitzgerald: The Stipulation #1752 is GRANTED. Defendants do not need to respond to the Third Amended Complaint until thirty (30) days after the filing of Plaintiffs' response to the Order to Show Cause. (jp)
March 9, 2016 Filing 1756 Notice of Appearance or Withdrawal of Counsel: for attorney Monica A Novak counsel for Defendants Aegon Companies Medical Plan, Aegon USA LLC. Adding Monica A. Novak as counsel of record for AEGON USA LLC and AEGON Companies Medical Plan for the reason indicated in the G-123 Notice. Filed by Defendants AEGON USA LLC and AEGON Companies Medical Plan. (Attorney Monica A Novak added to party Aegon Companies Medical Plan(pty:dft), Attorney Monica A Novak added to party Aegon Companies Medical Plan(pty:dft), Attorney Monica A Novak added to party Aegon USA LLC(pty:dft), Attorney Monica A Novak added to party Aegon USA LLC(pty:dft))(Novak, Monica)
March 8, 2016 Filing 1755 Notice of Appearance or Withdrawal of Counsel: for attorney Katelyn Elizabeth Keegan counsel for Defendants Actavis Health and Welfare Plan, Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, PSC Environmental Services, LLC, Tech Data Corporation, US Nursing Corp. Employee Benefit Plan. Adding Katelyn E. Keegan as counsel of record for Actavis, Inc.; Avon Products, Inc; McMaster-Carr Supply Company; PSC Environmental Services, LLC; Tech Data Corporation; and U.S. Nursing Corporation (including their respective Welfare Benefit Plans and Medical Plan for Active Employees) for the reason indicated in the G-123 Notice. Filed by Defendants Actavis, Inc; Avon Products, Inc.; McMaster-Carr Supply Company; PSC Environmental Services, LLC; Tech Data Corporation; and U.S. Nursing Corporation (including their respective Welfare Benefit Plans and Medical Plan for Active Employees). (Attorney Katelyn Elizabeth Keegan added to party Actavis Health and Welfare Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Actavis Health and Welfare Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Avon Products Inc. Medical Plan for Active Employees(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Avon Products Inc. Medical Plan for Active Employees(pty:dft), Attorney Katelyn Elizabeth Keegan added to party McMaster-Carr Supply Company(pty:dft), Attorney Katelyn Elizabeth Keegan added to party McMaster-Carr Supply Company(pty:dft), Attorney Katelyn Elizabeth Keegan added to party PSC Environmental Services, LLC(pty:dft), Attorney Katelyn Elizabeth Keegan added to party PSC Environmental Services, LLC(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Tech Data Corporation(pty:dft), Attorney Katelyn Elizabeth Keegan added to party Tech Data Corporation(pty:dft), Attorney Katelyn Elizabeth Keegan added to party US Nursing Corp. Employee Benefit Plan(pty:dft), Attorney Katelyn Elizabeth Keegan added to party US Nursing Corp. Employee Benefit Plan(pty:dft))(Keegan, Katelyn)
March 4, 2016 Filing 1754 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/10/15 re Transcript #1753 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Kielwasser, Anne) TEXT ONLY ENTRY
March 4, 2016 Filing 1753 TRANSCRIPT for proceedings held on 11/10/15. Court Reporter/Electronic Court Recorder: Anne Kielwasser, phone number AKtranscripts.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/25/2016. Redacted Transcript Deadline set for 4/4/2016. Release of Transcript Restriction set for 6/2/2016. (Kielwasser, Anne)
March 3, 2016 Filing 1752 Joint STIPULATION for Extension of Time to File Answer re Amended Complaint/Petition, #1749 filed by Defendant AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan, ATI Systems International Inc., ATI Systems- A Garda ompany Group Health Plan. (Attachments: #1 Proposed Order)(Grant, Michelle)
March 3, 2016 Filing 1751 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the TIME for the hearing on the Motion of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 has been changed to 9:00 AM, on 3/14/2016, before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
February 29, 2016 Filing 1750 NOTICE OF ERRATA filed by Plaintiff Almont Ambulatory Surgery Center LLC. correcting Amended Complaint/Petition, #1749 (Tooch, Daron)
February 29, 2016 Filing 1749 THIRD AMENDED COMPLAINT All Defendants amending Amended Complaint/Petition, #1493 , filed by Plaintiffs Almont Ambulatory Surgery Center LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Appendix A)(Tooch, Daron)
February 29, 2016 Filing 1748 REPLY in support of NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Tooch, Daron)
February 24, 2016 Filing 1747 OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 Joinder in Opposition Dkt No. 1742 filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
February 24, 2016 Filing 1746 TRANSCRIPT ORDER as to Defendant Southwest Airlines Co., Southwest Airlines Co. Welfare Benefit Plan for Court Reporter. Court will contact Veronica Jamaica at vjamaica@hallettperrin.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Perrin, Edward)
February 22, 2016 Filing 1745 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Ernster, Shannon)
February 22, 2016 Filing 1744 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
February 22, 2016 Filing 1743 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
February 22, 2016 Filing 1742 OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Attachments: #1 Attachment A)(Westerfeld, Bryan)
February 19, 2016 Opinion or Order Filing 1741 MINUTE ORDER (IN CHAMBERS) by Judge Michael W. Fitzgerald: The Plaintiffs' Ex Parte Application for Extension of Time to File Third Amended Complaint and Response to Order to Show Cause Re: Plan Documents #1696 is GRANTED IN PART, and DENIED IN PART. Plaintiffs shall file the Third Amended Complaint on or before 2/29/2016, and a response to the Order to Show Cause on or before 5/11/2016. IT IS SO ORDERED. (cw)
February 18, 2016 Filing 1740 Notice of Appearance or Withdrawal of Counsel: for attorney John S Worden counsel for Defendants Actavis Health and Welfare Plan, Actavis Inc, Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program, PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan, Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan, U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. Lindsey N. Berg is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Actavis, Inc., Avon Products, Inc.; McMaster-Carr Supply Co.; PSC Environmental Services LLC: Tech Data Corp.; U.S. Nursing Corp. (and respective benefit and medical plans. (Attorney John S Worden added to party Avon Products Inc.(pty:dft), Attorney John S Worden added to party Avon Products Inc.(pty:dft), Attorney John S Worden added to party Avon Products Inc. Medical Plan for Active Employees(pty:dft), Attorney John S Worden added to party Avon Products Inc. Medical Plan for Active Employees(pty:dft))(Worden, John)
February 18, 2016 Filing 1739 Opposition U.S. NURSING CORPORATION AND U.S. NURSING CORP. EMPLOYEE BENEFIT PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS AND NOTICE OF JOINDER re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendant U.S. Nursing Corporation. (Ferrera, Teresita)
February 18, 2016 Filing 1738 Opposition TECH DATA CORPORATION AND TECH DATA CORPORATION EMPLOYEE WELFARE BENEFITS PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS AND NOTICE OF JOINDER re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan. (Ferrera, Teresita)
February 18, 2016 Filing 1737 Opposition PSC ENVIRONMENTAL SERVICES, LLC AND PSC, LLC GROUP WELFARE BENEFITS PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan. (Ferrera, Teresita)
February 18, 2016 Filing 1736 Opposition DEFENDANTS MCMASTER-CARR SUPPLY COMPANY AND MCMASTER-CARR SUPPLY COMPANY WELFARE BENEFIT PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program. (Ferrera, Teresita)
February 18, 2016 Filing 1735 Opposition DEFENDANTS AVON, INC. AND AVON, INC. WELFARE BENEFIT PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees. (Ferrera, Teresita)
February 18, 2016 Filing 1734 Opposition DEFENDANTS ACTAVIS, INC. AND ACTAVIS, INC. WELFARE BENEFIT PLANS JOINDER TO CERTAIN DEFENDANTS OPPOSITION TO PLAINTIFFS EX PARTE APPLICATION AND ORDER EXTENDING TIME TO FILE THIRD AMENDED COMPLAINT AND ORDER TO SHOW CAUSE REGRADING PLAN DOCUMENTS AND NOTICE OF JOINDER re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Actavis Health and Welfare Plan, Actavis Inc. (Ferrera, Teresita)
February 18, 2016 Filing 1733 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATIONS for Joinder in Response in Opposition to Motion #1725 , #1726 , #1727 , #1728 , #1729 . The following error(s) was found: Incorrect event selected. The correct event is: Joinder (Motion Related) - under Category - Responses, Replies and Other Motion Related Documents.: Ex Parte Application event utilized in docketing this filing; Clerk has terminated the Ex Parte Application event created by documents #1725-1729 only. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
February 16, 2016 Filing 1732 JOINDER in EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. (Gonzalez, Jason)
February 16, 2016 Filing 1731 JOINDER in EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated, Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. (Gonzalez, Jason)
February 16, 2016 Filing 1730 JOINDER filed by Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan joining in Response in Opposition to Motion, #1697 . (Moriarty, Christopher)
February 16, 2016 Filing 1729 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Lewis, Michelle)
February 16, 2016 Filing 1728 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Lewis, Michelle)
February 16, 2016 Filing 1727 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Lewis, Michelle)
February 16, 2016 Filing 1726 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Lewis, Michelle)
February 16, 2016 Filing 1725 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Lewis, Michelle)
February 16, 2016 Filing 1724 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joinder (non-motion), #1718 , Joinder (non-motion) #1720 , Joinder (non-motion) #1712 , REQUEST for Joinder in Response in Opposition to Motion, #1721 , EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1713 , REQUEST for Joinder in Response in Opposition to Motion, #1722 . The following error(s) was found: Incorrect event selected. The correct event is: Joinder (Motion Related). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lom)
February 16, 2016 Filing 1723 JOINDER filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc. joining in Response in Opposition to Motion, #1697 . (Clark, Shauna)
February 16, 2016 Filing 1722 REQUEST for Joinder in Response in Opposition to Motion, #1697 filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
February 16, 2016 Filing 1721 REQUEST for Joinder in Response in Opposition to Motion, #1697 filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
February 16, 2016 Filing 1720 JOINDER filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan joining in Response in Opposition to Motion, #1697 . (Lehman, Heather)
February 16, 2016 Filing 1719 opposition in opposition re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 Joinder in Opposition to Ex Parte Request to Extend Time filed by Defendants BUPA Worldwide Corporation, BUPA Worldwide Corporation Health & Beneifts Plan. (Holmes, Leslie)
February 16, 2016 Filing 1718 JOINDER filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan joining in Response in Opposition to Motion, #1697 . (Howard, J)
February 16, 2016 Filing 1717 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendant Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
February 16, 2016 Filing 1716 OPPOSITION re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. (Faucher, Joseph)
February 16, 2016 Filing 1715 OPPOSITION re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 Filed by Wood Group PSN, Inc. (erroneously sued as PSN USA Holdings, Inc.) filed by Defendant PSN USA Holdings, Inc.. (Faucher, Joseph)
February 16, 2016 Filing 1714 OPPOSITION re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
February 16, 2016 Filing 1713 EX PARTE APPLICATION for Joinder in Response in Opposition to Motion, #1697 filed by Defendant Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
February 16, 2016 Filing 1712 JOINDER filed by Defendant Aera Energy Services Company joining in Response in Opposition to Motion, #1697 . (Jamison, Daniel)
February 16, 2016 Filing 1711 Notice of Joinder and Joinder in Opposition to re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (James, Jason)
February 16, 2016 Filing 1710 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in Response in Opposition to Motion, #1697 . (Grasu, Vickie)
February 16, 2016 Filing 1709 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 Certain Other Defendants Joinder In The United Defendants Opposition To Plaintiffs Ex Parte Application And Order Extending Time To File Third Amended Complaint And Order To Show Cause Regarding Plan Documents filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
February 16, 2016 Filing 1708 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kumagai, Susan)
February 16, 2016 Filing 1707 REQUEST for Joinder in Response in Opposition to Motion, #1697 Defendant Perkins Flexible Benefits Plans Notice Of Joinder In Certain Defendants Opposition To Plaintiffs Ex Parte Application And Order Extending Time To File Third Amended Complaint And Order To Show Cause Regarding Plan Documents filed by Defendant Perkins Flexible Benefits Plan. (Attorney Matthew E Costello added to party Perkins Flexible Benefits Plan(pty:dft), Attorney Matthew E Costello added to party Perkins Flexible Benefits Plan(pty:dft)) (Costello, Matthew)
February 16, 2016 Filing 1706 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. (Ferrera, Teresita)
February 16, 2016 Filing 1705 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan. (Ferrera, Teresita)
February 16, 2016 Filing 1704 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan. (Ferrera, Teresita)
February 16, 2016 Filing 1703 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program. (Ferrera, Teresita)
February 16, 2016 Filing 1702 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees. (Ferrera, Teresita)
February 16, 2016 Filing 1701 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendant Actavis Health and Welfare Plan. (Ferrera, Teresita)
February 16, 2016 Filing 1700 JOINDER filed by Defendant Ensign United States Drilling, Inc. joining in Response in Opposition to Motion, #1697 . (Pearson, Jerry)
February 16, 2016 Filing 1699 NOTICE of Joinder in United Defendants' Opposition to Plaintiffs' Ex Parte Application (Dkt. 1697) filed by Certain Defendants APL Limited, Amplan, The Amtrak Union Benefits Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, GAP Inc. Health and Life Plan, Gap, Inc., Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Company Health Maintenance Organization Program, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, Tribune Company, Tribune Company Benefit Program, Welfare Plan for Employees of APL Limited. (Attachments: #1 Exhibit A)(Diller, Nicole)
February 16, 2016 Filing 1698 OPPOSITION re: EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants Aegon Companies Medical Plan, Aegon USA LLC. (Faucher, Joseph)
February 16, 2016 Filing 1697 OPPOSITION to EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 #1696 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan, ATI Systems International Inc., ATI Systems- A Garda ompany Group Health Plan. (Grant, Michelle)
February 12, 2016 Filing 1696 EX PARTE APPLICATION for Extension of Time to Amend Amended Complaint/Petition, #1493 filed by Plaintiffs Almont Ambulatory Surgery Center LLC. (Attachments: #1 Declaration of Daron L. Tooch, #2 Declaration of Bridget A. Gordon, #3 Proposed Order) (Tooch, Daron)
February 11, 2016 Opinion or Order Filing 1695 ORDER by Judge Michael W. Fitzgerald: The Stipulation to Dismiss Parties #1694 is GRANTED. Defendants Sodexo, Inc. and Sodexo, Inc. Medical Benefits Plan are terminated. Plaintiffs and these Defendants shall bear their own attorneys' fees and costs in this matter. IT IS SO ORDERED. (cw)
February 10, 2016 Filing 1694 STIPULATION to Dismiss Defendants Sodexo, Inc., Sodexo, Inc. Medical Benefits Plan filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
February 5, 2016 Filing 1693 PROOF OF SERVICE Almont Ambulatory Surgery Center LLC, re NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs #1692 served on February 5, 2016. (Tooch, Daron)
February 5, 2016 Filing 1692 NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs Almont Ambulatory Surgery Center LLC. Motion set for hearing on 3/14/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Daron L. Tooch in support of Hooper, Lundy & Bookman's Motion for Leave to Withdraw as Counsel of Record, #2 Proposed Order) (Tooch, Daron)
February 3, 2016 Opinion or Order Filing 1691 MINUTE IN CHAMBERS ORDER TO SHOW CAUSE RE: PLAN DOCUMENTS by Judge Michael W. Fitzgerald: Plaintiffs are ORDERED TO SHOW CAUSE on or before 4/11/2016, as to why the produced documents do not constitute the written plan instruments. (jp)
February 3, 2016 Opinion or Order Filing 1690 MINUTES (IN CHAMBERS)ORDER RE MOTIONS TO DISMISS SECOND AMENDED COMPLAINT: COUNTS II-VI, VIII #1511 #1512 #1516 #1517 #1518 #1519 #1520 #1521 #1522 #1523 #1524 #1526 #1527 #1528 #1529 #1530 #1532 #1533 #1534 #1535 #1536 #1537 #1538 #1539 #1540 #1541 #1542 #1543 #1544 #1545 #1546 #1547 #1548 #1549 #1550 #1551 #1552 #1553 #1554 #1555 #1556 #1557 #1558 #1559 #1561 #1562 #1563 #1564 #1565 #1566 #1567 #1568 #1569 #1570 #1572 #1573 #1574 #1575 #1576 #1577 #1578 #1579 #1580 by Judge Michael W. Fitzgerald: the Court rules as follows: Count II: DISMISSED, in part with and in part without leave to amend; Count III: DISMISSED without leave to amend; Count IV: DISMISSED without leave to amend; Count V: DISMISSED without leave to amend; Count VI: DISMISSED without leave to amend; Count VII: DISMISSED in part without leave to amend; Count VIII: DISMISSED without leave to amend. Plaintiff shall file a Third Amended Complaint by 2/22/2016. The Court does not intend to grant leave for the filing of a Fourth Amended Complaint. (jp)
December 18, 2015 Filing 1689 TRANSCRIPT ORDER for Court Reporter. Court will contact Linda Skwiera at skwiera.linda@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ha)
December 18, 2015 Filing 1688 TRANSCRIPT ORDER for Court Reporter. Court will contact Linda Skwiera at skwiera.linda@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (ha)
November 30, 2015 Filing 1687 NOTICE RE AUTHENTICITY OF PLAN DOCUMENTS filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
November 17, 2015 Filing 1686 Notice of Appearance or Withdrawal of Counsel: for attorney Jason A James counsel for Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. Adding Jason A. James as counsel of record for PPS Holdings, Inc. and PPS Holdings, Inc. Employee Benefit Plan for the reason indicated in the G-123 Notice. Filed by Defendants PPS Holdings, Inc. and PPS Holdings, Inc. Employee Benefit Plan. (Attorney Jason A James added to party PPS Holdings, Inc.(pty:dft), Attorney Jason A James added to party PPS Holdings, Inc.(pty:dft), Attorney Jason A James added to party PPS Holdings, Inc. Employee Benefit Plan(pty:dft), Attorney Jason A James added to party PPS Holdings, Inc. Employee Benefit Plan(pty:dft))(James, Jason)
November 13, 2015 Filing 1685 NOTICE Regarding Authenticity filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan. (Attachments: #1 Exhibit A)(Clark, Shauna)
November 13, 2015 Filing 1684 DECLARATION of Matthew Costello in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #1556 filed by Defendant Perkins Flexible Benefits Plan. (Devitt, Tamara)
November 10, 2015 Filing 1683 MINUTES OF Hearing on Motions to Dismiss Second Amended Complaint #1511 #1512 #1518 #1519 #1521 #1522 #1523 #1524 #1527 #1528 #1530 #1533 #1534 #1535 #1536 #1537 #1538 #1539 #1540 #1541 #1542 #1543 #1544 #1545 #1546 #1547 #1548 #1549 #1550 #1551 #1553 #1544 #1555 #1556 #1557 #1558 #1561 #1562 #1563 #1564 #1565 #1566 #1567 #1568 #1569 #1570 #1572 #1573 #1574 #1575 #1576 #1577 #1578 #1579 #1580 #1620 #1621 #1622 #1626 #1629 #1630 #1633 #1635 #1637 #1639 #1641 #1644 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel state their appearance. The Court hears oral argument from counsel and takes the motions under submission. An order will issue. Court Reporter: Anne Kielwasser. (jp)
November 9, 2015 Opinion or Order Filing 1682 [TENTATIVE] ORDER RE MOTIONS TODISMISS SECOND AMENDED COMPLAINT #1511 #1512 #1518 #1519 #1521 #1522 #1523 #1524 #1527 #1528 #1530 #1533 #1534 #1535 #1536 #1537 #1538 #1539 #1540 #1541 #1542 #1543 #1544 #1545 #1546 #1547 #1548 #1549 #1550 #1551 #1553 #1544 #1555 #1556 #1557 #1558 #1561 #1562 #1563 #1564 #1565 #1566 #1567 #1568 #1569 #1570 #1572 #1573 #1574 #1575 #1576 #1577 #1578 #1579 #1580 #1620 #1621 #1622 #1626 #1629 #1630 #1633 #1635 #1637 #1639 #1641 #1644 by Judge Michael W. Fitzgerald. The purpose of this tentative decision is solely to assist counsel at the hearing. It will not be entered on the docket and will be entirely superseded by the final order. This tentative decision should never be cited in this or any other case. SEE ORDER FOR DETAILS. (kss)
November 6, 2015 Filing 1681 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants BUPA Worldwide Corporation, BUPA Worldwide Corporation Health & Beneifts Plan. (Holmes, Leslie)
November 6, 2015 Filing 1680 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Thermo Fisher Scientific Inc. Group Insurance Plan, Thermo Fisher Scientific, Inc.. (Grant, Michelle)
November 5, 2015 Filing 1679 NOTICE OF ERRATA filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. correcting Supplement(Motion related), #1678 (Grant, Michelle)
November 3, 2015 Filing 1678 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Grant, Michelle)
October 29, 2015 Opinion or Order Filing 1677 ORDER by Judge Michael W. Fitzgerald, GRANTING Stipulation to Dismiss Party #1675 . IT IS HEREBY ORDERED that the LOOMIS ARMORED US, LLC andTHE LOOMIS HEALTH & WELFARE PLAN are dismissed from this action withprejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and theLOOMIS ARMORED US, LLC and THE LOOMIS HEALTH & WELFARE PLAN, on the other hand, shall bear their own attorneys fees and costs as to one another in this matter., Loomis Armored US, LLC (a Texas limited liability company) and Loomis Health & Welfare Plan terminated. (shb)
October 28, 2015 Filing 1676 DECLARATION of Tess J. Ferrera in Support of NOTICE OF MOTION AND MOTION to Dismiss Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan #1576 filed by Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. (Attachments: #1 Exhibit A to Amended Declaration)(Berg, Lindsey)
October 28, 2015 Filing 1675 STIPULATION to Dismiss Defendants Loomis Armored US, LLC, Loomis Health & Welfare Plan filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
October 28, 2015 Filing 1674 SCHEDULING NOTICE by Judge Michael W. Fitzgerald re: Motions to Second Amended Complaint. On the Court's own motion, the hearing on the Motions #1511 #1512 #1518 #1519 #1521 #1522 #1523 #1524 #1527 #1528 #1530 #1533 #1534 #1535 #1536 #1537 #1538 #1539 #1540 #1541 #1542 #1543 #1544 #1545 #1546 #1547 #1548 #1549 #1550 #1551 #1553 #1544 #1555 #1556 #1557 #1558 #1561 #1562 #1563 #1564 #1565 #1566 #1567 #1568 #1569 #1570 #1572 #1573 #1574 #1575 #1576 #1577 #1578 #1579 #1580 #1620 #1621 #1622 #1626 #1629 #1630 #1633 #1635 #1637 #1639 #1641 #1644 is continued to November 10, 2015 at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
September 14, 2015 Filing 1673 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1565 filed by Defendants Tribune Company, Tribune Company Benefit Program. (Attachments: #1 Declaration of Nicole A. Diller in Support of Tribune Company and the Tribune Company Benefit Program's Reply ISO motion to Dismiss)(Diller, Nicole)
September 14, 2015 Filing 1672 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1578 filed by Defendants Petsmart Smartchoices Benefit Plan, Petsmart, Inc.. (Diller, Nicole)
September 14, 2015 Filing 1671 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1579 filed by Defendants Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc.. (Attachments: #1 Declaration of Nicole A. Diller in Support of Maersk Inc. and the Maersk Inc. Active Nonunion Health and Welfare Plan's Reply ISO Motion to Dismiss)(Diller, Nicole)
September 14, 2015 Filing 1670 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1568 filed by Defendants Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc.. (Attachments: #1 Declaration of Nicole A. Diller in Support of Interstate Hotels & Resorts, Inc. and the Interstate Hotels & Resorts Benefit Program's Reply ISO Motion to Dismiss)(Diller, Nicole)
September 14, 2015 Filing 1669 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1567 filed by Defendants Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan. (Attachments: #1 Declaration of Nicole A. Diller in Support of Shell Oil Company and the Shell Oil Company Comprehensive Welfare Benefits Plan's Reply ISO Motion to Dismiss)(Diller, Nicole)
September 14, 2015 Filing 1668 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan. (Nalty, Sean)
September 14, 2015 Filing 1667 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1666 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan. (Nalty, Sean)
September 14, 2015 Filing 1665 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1664 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1663 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan. (Nalty, Sean)
September 14, 2015 Filing 1662 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan. (Nalty, Sean)
September 14, 2015 Filing 1661 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants GE Global Health Plan, General Electric Company. (Nalty, Sean)
September 14, 2015 Filing 1660 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Accor North America Inc, Accor North America Inc. Group Insurance Plan, G6 Hospitality Group Insurance Plan Actavis Inc. (Nalty, Sean)
September 14, 2015 Filing 1659 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Five Star Quality Care, Five Star Quality Care-CA, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1658 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1657 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan. (Nalty, Sean)
September 14, 2015 Filing 1656 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Covidien Health & Welfare Benefits Plan, Covidien, LP. (Nalty, Sean)
September 14, 2015 Filing 1655 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Centric Group LLC, Centrix Group Hospital Plan. (Nalty, Sean)
September 14, 2015 Filing 1654 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Medegen Welfare Benefit Plan, Medegen, Inc.. (Nalty, Sean)
September 14, 2015 Filing 1653 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1555 filed by Defendants Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans. (Diller, Nicole)
September 14, 2015 Filing 1652 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #1546 filed by Defendants Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina. (Diller, Nicole)
September 14, 2015 Filing 1651 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants Brink's Incorporated, The Brinks Company Comprehensive Health and Welfare Plan. (Nalty, Sean)
September 14, 2015 Filing 1650 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1563 filed by Defendants AEG Employee Health & Welfare Plan, Anschutz Entertainment Group Inc. (Nalty, Sean)
September 14, 2015 Filing 1649 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1553 filed by Defendants Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan. (Attachments: #1 Declaration of Nicole Diller)(Diller, Nicole)
September 14, 2015 Filing 1648 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1550 filed by Defendants GAP Inc. Health and Life Plan, Gap, Inc.. (Attachments: #1 Declaration of Nicole Diller)(Diller, Nicole)
September 14, 2015 Filing 1647 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1577 filed by Defendants Global Mail, Inc., Global Mail, Inc. Welfare Plan. (Diller, Nicole)
September 14, 2015 Filing 1646 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #1539 filed by Defendants Amplan, The Amtrak Union Benefits Plan, National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan. (Attachments: #1 Declaration of Nicole Diller)(Diller, Nicole)
September 14, 2015 Filing 1645 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1561 filed by Defendants Hewlett-Packard Company, Hewlett-Packard Company Health Maintenance Organization Program. (Attachments: #1 Declaration of Nicole Diller)(Diller, Nicole)
September 14, 2015 Filing 1644 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Law, and Notice of Joinder in Motion to Dismiss/Sever Plaintiffs' Second Amended Complaint under Fed. R. Civ. P. 12(B)(6) and 20(A) #1558 filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Attachments: #1 Declaration (Supplemental Declaration) of Ronald S. Kravitz)(Kravitz, Ronald)
September 14, 2015 Filing 1643 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #1562 filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Attachments: #1 Declaration Supplemental Decl. of Charles M. Dyke ISO Union Bank Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint with Exhibit A)(Dyke, Charles)
September 14, 2015 Filing 1642 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #1556 filed by Defendant Perkins Flexible Benefits Plan. (Devitt, Tamara)
September 14, 2015 Filing 1641 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. (Berg, Lindsey)
September 14, 2015 Filing 1640 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Case -Plaintiff's Second Amended Complaint - #1528 filed by Defendants GlaxoSmithKline Health and Welfare Benefits Plan for US Employees, GlaxoSmithKline, LLC. (Birenbaum, Charles)
September 14, 2015 Filing 1639 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan. (Berg, Lindsey)
September 14, 2015 Filing 1638 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #1551 filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Attachments: #1 Declaration Supplemental Decl. of Charles M. Dyke ISO PPD Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint with Exhibit A)(Dyke, Charles)
September 14, 2015 Filing 1637 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan. (Berg, Lindsey)
September 14, 2015 Filing 1636 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program. (Berg, Lindsey)
September 14, 2015 Filing 1635 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees. (Berg, Lindsey)
September 14, 2015 Filing 1634 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Lewis, Michelle)
September 14, 2015 Filing 1633 REPLY Memorandum of Law and Notice of Joinder in Employer and Plan Defendants' Omnibus Reply Brief filed by Defendants Actavis Health and Welfare Plan, Actavis Inc. (Berg, Lindsey)
September 14, 2015 Filing 1632 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Lewis, Michelle)
September 14, 2015 Filing 1631 REPLY IN SUPPORT OF MOTION NOTICE OF MOTION AND MOTION to Dismiss Defendants All Plaintiffs #1554 filed by Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. (Moriarty, Christopher)
September 14, 2015 Filing 1630 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint , Memorandum of Law, and Notice of Joinder #1527 filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. (Attachments: #1 Declaration of Heather S. Lehman (Second), #2 Exhibit 1 - to the Declaration of Heather S. Lehman)(Roche, Michael)
September 14, 2015 Filing 1629 RESPONSE IN SUPPORT of MOTION to Dismiss Case Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)6 and Notice of Joinder in Employer and Plan Defendants Omnibus Motion to Dismiss #1131 filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. (Attachments: #1 Declaration of Vickie V. Grasu, #2 Exhibit A)(Grasu, Vickie)
September 14, 2015 Filing 1628 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Attachments: #1 Exhibit Exhibit A)(Lewis, Michelle)
September 14, 2015 Filing 1627 RESPONSE IN SUPPORT OF DEFENDANTS MOTION TO DISMISS SECOND AMENDED COMPLAINT; SUPPLEMENTAL DECLARATION OF CHRIS W. HAMILTON IN SUPPORT OF REPLY IN SUPPORT OF DEFENDANTS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT filed by Defendant Ensign United States Drilling, Inc.. (Attachments: #1 Exhibit)(Pearson, Jerry)
September 14, 2015 Filing 1626 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
September 14, 2015 Filing 1625 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Lewis, Michelle)
September 14, 2015 Filing 1624 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Attachments: #1 Exhibit Exhibit A)(Lewis, Michelle)
September 14, 2015 Filing 1623 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #1521 filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (Attachments: #1 Declaration of James J. Moak)(Moak, James)
September 14, 2015 Filing 1622 REPLY Notice of Joinder to Omnibus Reply in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Ernster, Shannon)
September 14, 2015 Filing 1621 REPLY Notice of Joinder to Omnibus Reply in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
September 14, 2015 Filing 1620 REPLY Notice of Joinder to Omnibus Reply in Support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
September 14, 2015 Filing 1619 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Om #1519 filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
September 14, 2015 Filing 1618 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #1541 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Attachments: #1 Declaration of Susan T. Kumagai, #2 Exhibit E)(Kumagai, Susan)
September 14, 2015 Filing 1617 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
September 14, 2015 Filing 1616 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1522 and Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Second Amended Complaint #1512 filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan. (Clark, Shauna)
September 14, 2015 Filing 1615 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1523 and Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Second Amended Complaint #1521 filed by Defendants Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Clark, Shauna)
September 14, 2015 Filing 1614 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #1535 ; Motion to Dismiss Plaintiffs' Second Amended Complaint, or, in the Alternative, Motion to Transfer Venue filed by Defendants Southwest Airlines Co., Southwest Airlines Co. Welfare Benefit Plan. (Perrin, Edward)
September 11, 2015 Filing 1613 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1580 filed by Defendants APL Limited, Welfare Plan for Employees of APL Limited. (Diller, Nicole)
September 11, 2015 Filing 1612 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint #1569 filed by Defendants Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan. (Diller, Nicole)
September 11, 2015 Filing 1611 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 and RE #1564 Defendants Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan's Joinder in Omnibus Motion to Dismiss filed by Defendants Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Howard, J)
September 11, 2015 Filing 1610 REPLY in support of motion NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 and RE #1566 Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services Welfare Benefit Plan's Joinder in Omnibus Motion to Dismiss filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan. (Howard, J)
September 11, 2015 Filing 1609 NOTICE OF ERRATA RE ATTACHMENT 1 TO PLAINTIFFS OPPOSITION TO THE OMNIBUS MOTION TO DISMISS SECOND AMENDED COMPLAINT filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 ATTACHMENT 1)(Chan, Eric)
September 11, 2015 Filing 1607 REPLY Memorandum In Support of Motion to Dismiss All Claims in the Second Amended Complaint Against Defendants AEGON USA, LLC and AEGON Companies Medical Plan [Dkt No. 1516] filed by Defendants Aegon Companies Medical Plan, Aegon USA LLC. (Faucher, Joseph)
September 10, 2015 Opinion or Order Filing 1608 ORDER UPON STIPULATION TO DISMISS SOUTHERN CALIFORNIA EDISON COMPANY and EDISON INTERNATIONAL WELFARE BENEFIT PLAN WITH PREJUDICE by Judge Michael W. Fitzgerald: Upon Stipulation #1602 , IT IS HEREBY ORDERED that the SOUTHERN CALIFORNIA EDISON COMPANY and EDISON INTERNATIONAL WELFARE BENEFIT PLAN are dismissed from this action with prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and the SOUTHERN CALIFORNIA EDISON COMPANY and EDISON INTERNATIONAL WELFARE BENEFIT PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (gk)
September 10, 2015 Filing 1606 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related) #1604 . The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
September 10, 2015 Opinion or Order Filing 1605 MINUTES (IN CHAMBERS): ORDER LIFTING 4/22/2015 ORDER RE: JOINT STATUS REPORTS by Judge Michael W. Fitzgerald: On 4/22/2015, the Court ordered the parties to submit joint status reports every three weeks regarding the production of plan documents #1418 . In the Joint Status Reports of 8/3 and 8/24/2015, the parties requested that the Court's prior Order be lifted. As Defendants have now filed their motions to dismiss the Second Amended Complaint, the Court now ORDERS that the parties need not submit the regular status reports. Court Reporter: Not Reported. (gk)
September 8, 2015 Filing 1604 REPLY EMPLOYER AND PLAN DEFENDANTS OMNIBUS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Declaration SUPPLEMENTAL DECLARATION OF BRYAN S. WESTERFELD IN SUPPORT OF (I) UNITEDS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT; AND (II) EMPLOYER AND PLAN DEFENDANTS OMNIBUS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, #2 Declaration SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN IN SUPPORT OF (I) UNITEDS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT; AND (II) EMPLOYER AND PLAN DEFENDANTS OMNIBUS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, #3 Exhibit EXHIBIT 1-1- 10-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #4 Exhibit EXHIBIT 11-1- 16-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #5 Exhibit EXHIBIT 18-1- 23-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #6 Exhibit EXHIBIT 24-1- 27-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #7 Exhibit EXHIBIT 28-1- 37-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #8 Exhibit EXHIBIT 39-1- 47-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #9 Exhibit EXHIBIT 49-1- 56-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #10 Exhibit EXHIBIT 57-1- 61-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #11 Exhibit EXHIBIT 64-1- 65-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #12 Exhibit EXHIBIT 67-1- 72-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #13 Exhibit EXHIBIT 73-1- 87-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #14 Exhibit EXHIBIT 90-1- 94-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #15 Exhibit EXHIBIT 95-1- 101-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #16 Exhibit EXHIBIT 103-1- 110-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #17 Exhibit EXHIBIT 111-1- 112-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #18 Exhibit EXHIBIT 113-1- 126-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #19 Exhibit EXHIBIT 128-1- 149-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #20 Exhibit EXHIBIT 150-1- 158-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #21 Exhibit EXHIBIT 159-1- 166-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #22 Exhibit EXHIBIT 171-1- 182-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #23 Exhibit EXHIBIT 183-1- 194-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN, #24 Exhibit EXHIBIT 197-1- 205-1 TO THE SUPPLEMENTAL DECLARATION OF LEANNE L. MATCHEN)(Lucke, Stephen)
September 8, 2015 Filing 1603 REPLY memorandum of points and authorities in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) #1511 filed by Defendant UnitedHealth Group Inc. (Lucke, Stephen)
September 8, 2015 Filing 1602 STIPULATION to Dismiss Defendants Edison International, Edison International Welfare Benefit Plan Number Two filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
August 28, 2015 Opinion or Order Filing 1601 ORDER Upon Stipulation to Dismiss #1600 by Judge Michael W. Fitzgerald that the SADDLE CREEK CORPORATION and SADDLE CREEK CORP. GROUP INSURANCE AND FLEXIBLE BENEFIT PLAN are dismissed from this action with prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and the SADDLE CREEK CORPORATION and SADDLE CREEK CORP. GROUP INSURANCE AND FLEXIBLE BENEFIT PLAN, on the other hand, shall bear their own attorneys fees and costs as to one another in this matter. (jp)
August 27, 2015 Filing 1600 STIPULATION to Dismiss Defendants Saddle Creek Corp. Group Insurance and Flexible Benefit Plan, Saddle Creek Corporation filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
August 27, 2015 Opinion or Order Filing 1599 ORDER UPON STIPULATION TO DISMISS NATIONAL FINANCIAL PARTNERS CORP. AND NATIONAL FINANCIAL PARTNERS CORP. GROUP HEALTH PLAN WITH PREJUDICE #1598 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED that defendants NATIONAL FINANCIAL PARTNERS CORP., and NATIONAL FINANCIAL PARTNERS CORP. GROUP HEALTH PLAN are dismissed from this action with prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and NATIONAL FINANCIAL PARTNERS CORP., and NATIONAL FINANCIAL PARTNERS CORP. GROUP HEALTH PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (lom)
August 26, 2015 Filing 1598 STIPULATION to Dismiss Defendants National Financial Partners Corp., National Financial Partners Corp. Group Health Plan for Employees filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
August 24, 2015 Opinion or Order Filing 1597 ORDER Upon Stipulation to Dismiss Party #1592 by Judge Michael W. Fitzgerald that THE SHAW GROUP, INC., and THE SHAW GROUP, INC. EMPLOYEE WELFARE PLAN are dismissed from this action with prejudice. FURTHER ORDERED that Plaintiffs, on the one hand, and THE SHAW GROUP, INC., and THE SHAW GROUP, INC. EMPLOYEE WELFARE PLAN, on the other hand, shall each bear their own respective attorneys' fees and costs in this matter. (jp)
August 24, 2015 Filing 1596 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Chan, Eric)
August 24, 2015 Filing 1595 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) #1511 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Appendix ATTACHMENT A)(Chan, Eric)
August 24, 2015 Filing 1594 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Appendix ATTACHMENT 1, #2 Appendix ATTACHMENT 2, #3 Appendix ATTACHMENT 3, #4 Appendix ATTACHMENT 4, #5 Declaration of Bridget Gordon, #6 Declaration of Eric Chan, #7 Exhibit A to Chan Decl., #8 Exhibit B to Chan Decl., #9 Exhibit C to Chan Decl., #10 Exhibit D to Chan Decl., #11 Exhibit E to Chan Decl., #12 Exhibit F to Chan Decl., #13 Exhibit G to Chan Decl.)(Chan, Eric)
August 24, 2015 Filing 1593 STATUS REPORT August 24, 2015 Joint Status Report filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. (Lucke, Stephen)
August 21, 2015 Filing 1592 STIPULATION to Dismiss Defendants The Shaw Group Inc, The Shaw Group, Inc. Employee Welfare Plan filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
August 19, 2015 Opinion or Order Filing 1591 ORDER UPON STIPULATION TO DISMISS WHIRLPOOL CORPORATION AND WHIRLPOOL CORPORATION GROUP BENEFIT PLAN WITH PREJUDICE by Judge Michael W. Fitzgerald: Upon Stipulation #1587 , IT IS HEREBY ORDERED that defendants WHIRLPOOL CORPORATION and WHIRLPOOL CORPORATION GROUP BENEFIT PLAN are dismissed from this action with prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and WHIRLPOOL CORPORATION and WHIRLPOOL CORPORATION GROUP BENEFIT PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (gk)
August 18, 2015 Filing 1590 NOTICE OF ERRATA filed by Defendants AARP, AARP Employees Welfare Plan, UnitedHealth Group Inc, Unitedhealth Group Employee Health Benefit Plan. correcting NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 (Attachments: #1 Exhibit 15 to Notice of Errata, #2 Exhibit 18 to Notice of Errata, #3 Exhibit 19 to Notice of Errata, #4 Exhibit 23 to Notice of Errata, #5 Exhibit 69 to Notice of Errata, #6 Exhibit 77 to Notice of Errata, #7 Exhibit 116 to Notice of Errata, #8 Exhibit 123 to Notice of Errata, #9 Exhibit 139 to Notice of Errata, #10 Exhibit 149 to Notice of Errata, #11 Exhibit 160 to Notice of Errata, #12 Exhibit 184 to Notice of Errata, #13 Exhibit 186 to Notice of Errata, #14 Exhibit 188 to Notice of Errata, #15 Exhibit 2(a) part 1 to Notice of Errata, #16 Exhibit 2(a) part 2 to Notice of Errata, #17 Appendix B, #18 Appendix C, #19 Appendix D, #20 Appendix E, #21 Appendix F, #22 Appendix G, #23 Appendix H, #24 Appendix I, #25 Appendix J, #26 Appendix K, #27 Appendix L, #28 Appendix M, #29 Appendix N, #30 Appendix Q, #31 Appendix R)(Grant, Michelle)
August 18, 2015 Filing 1589 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/5/15 3:15 p.m. re Transcript #1588 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gackle, Deborah) TEXT ONLY ENTRY
August 18, 2015 Filing 1588 TRANSCRIPT for proceedings held on 6/5/15 3:15 p.m.. Court Reporter: Deborah K. Gackle COURT REPORTER, phone number (213) 620-1140 DEBORAHGACKLE.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2015. Redacted Transcript Deadline set for 9/18/2015. Release of Transcript Restriction set for 11/16/2015. (Gackle, Deborah)
August 18, 2015 Filing 1587 STIPULATION to Dismiss Defendants Whirlpool Corporation, Whirlpool Corporation Group Benefit Plan filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
August 13, 2015 Filing 1586 PROOF OF SERVICE Executed by Plaintiff Almont Ambulatory Surgery Center LLC, upon Defendant Ensign United States Drilling, Inc. served on 8/7/2015, answer due 9/8/2015. Service of the Summons and Complaint were NOT executed upon the United States Attorneys Office which was NOT served. The Attorney Generals Office of the United States was NOT served. Executed upon the officer agency or corporation by delivering a copy to Sommer Martinez. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons returned. (Tooch, Daron)
August 3, 2015 Filing 1585 STATUS REPORT Joint filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC. (Attachments: #1 Exhibit 1(d), #2 Exhibit 2(d))(Lucke, Stephen)
July 31, 2015 Opinion or Order Filing 1584 ORDER by Judge Michael W. Fitzgerald: granting #1583 Request to Substitute Attorney. Added attorney Stephen P Lucke for Medco Health Solutions, Inc., Stephen P Lucke for Medco Health Solutions, Inc. Welfare Benefit Plan,. Attorney Mark Joseph Butler terminated (lt)
July 31, 2015 Filing 1583 REQUEST TO SUBSTITUTE ATTORNEY Stephen P Lucke in place of attorney Mark Joseph Butler filed by Defendants Medco Health Solutions, Inc., Medco Health Solutions, Inc. Welfare Benefit Plan. (Attachments: #1 Proposed Order) (Attorney Stephen P Lucke added to party Medco Health Solutions, Inc.(pty:dft), Attorney Stephen P Lucke added to party Medco Health Solutions, Inc.(pty:dft), Attorney Stephen P Lucke added to party Medco Health Solutions, Inc. Welfare Benefit Plan(pty:dft), Attorney Stephen P Lucke added to party Medco Health Solutions, Inc. Welfare Benefit Plan(pty:dft)) (Lucke, Stephen)
July 30, 2015 Filing 1582 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS BY DEFENDANTS BBA AVIATION USA, INC. AND BBA AVIATION BENEFIT PLAN filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Strauss, Sean)
July 28, 2015 Filing 1581 Amendment to NOTICE OF MOTION AND MOTION to Dismiss Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan #1574 filed by Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order)(Berg, Lindsey)
July 27, 2015 Filing 1580 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant APL Limited, Welfare Plan for Employees of APL Limited. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 3, #4 Exhibit Attachment 3, #5 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1579 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 1, #4 Exhibit Attachment 1, #5 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1578 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Petsmart Smartchoices Benefit Plan, Petsmart, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Exhibit Attachment 5, #7 Exhibit Attachment 6, #8 Exhibit Attachment 7, #9 Exhibit Attachment 8, #10 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1577 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Global Mail, Inc., Global Mail, Inc. Welfare Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 3, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1576 NOTICE OF MOTION AND MOTION to Dismiss Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan filed by Defendants U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1575 NOTICE OF MOTION AND MOTION to Dismiss Defendants Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan filed by Defendants Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1574 NOTICE OF MOTION AND MOTION to Dismiss Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan filed by Defendants PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1573 NOTICE OF MOTION AND MOTION to Dismiss Defendants McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program filed by Defendants McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1572 NOTICE OF MOTION AND MOTION to Dismiss Defendants Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees filed by Defendants Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Tess Ferrera, #2 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1571 DECLARATION of Tess Ferrera re NOTICE OF MOTION AND MOTION to Dismiss Defendants Actavis Health and Welfare Plan, Actavis Inc and Notice of Joinder in the Employer and Plan Defendants' Omnibus Motion to Dismiss #1570 filed by Defendants Actavis Health and Welfare Plan, Actavis Inc. (Berg, Lindsey)
July 27, 2015 Filing 1570 NOTICE OF MOTION AND MOTION to Dismiss Defendants Actavis Health and Welfare Plan, Actavis Inc and Notice of Joinder in the Employer and Plan Defendants' Omnibus Motion to Dismiss filed by Defendants Actavis Health and Welfare Plan, Actavis Inc. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Berg, Lindsey)
July 27, 2015 Filing 1569 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Donald Havermann, #2 Exhibit Attachment 1, #3 Exhibit Attachment 1, #4 Exhibit Attachment 1, #5 Exhibit Attachment 1, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1568 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1567 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Exhibit Attachment 5, #7 Exhibit Attachment 6, #8 Exhibit Attachment 7, #9 Exhibit Attachment 8, #10 Exhibit Attachment 9, #11 Exhibit Attachment 10, #12 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1566 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 and Memorandum of Law Supporting the Dismissal of the Sedgwick Defendants filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan. (Attachments: #1 Declaration of J. Gordon Howard, #2 Exhibit 1 to Howard Declaration - 2004 Plan Document, #3 Exhibit 2 to Howard Declaration - 2010 Benefits Summary, #4 Proposed Order)(Howard, J)
July 27, 2015 Filing 1565 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Tribune Company, Tribune Company Benefit Program. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1564 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 and Memorandum of Law Supporting the Dismissal of the Wal-Mart Defendants filed by Defendants Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Attachments: #1 Declaration of J. Gordon Howard, #2 Exhibit 1 to Howard Declaration - 2012 Plan Resolution, #3 Exhibit 2 to Howard Declaration - 2013 SPD Excerpts, #4 Proposed Order)(Howard, J)
July 27, 2015 Filing 1563 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Complaint by Certain Defendants filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Anschutz Entertainment Group, Inc. And AEG Employee Health & Welfare Plan's Memorandum Of Points And Authorities In Support Of Its Motion To Dismiss Second Amended Complaint; And Declaration Of Thomas M. Christina In Support Thereof, #2 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By The Brinks Company And The Brinks Company Comprehensive Health And Welfare Plan; And Declaration Of Thomas M. Christina In Support Thereof, #3 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendant Carefusion Corporation F/K/A Medegen, Inc.; And Declaration Of Mark E. Schmidtke In Support Thereof, #4 Memorandum Of Points & Authorities In Support Of Defendants Centric Group, LLC And Centric Group Hospital Plan Motion To Dismiss Plaintiffs Second Amended Complaint; And Declaration Of Stanley G. Schroeder In Support Thereof, #5 Attachment (Part 1 of 3) to Stanley G. Schroeder Decl. in Support of Centric's Motion to Dismiss, #6 Attachment (Part 2 of 3) to Stanley G. Schroeder Decl. in Support of Centric's Motion to Dismiss, #7 Attachment (Part 3 of 3) to Stanley G. Schroeder Decl. in Support of Centric's Motion to Dismiss, #8 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants Covidien, LP And Covidien Health & Welfare Benefits Plan And Declaration Of Thomas Christina In Support Thereof, #9 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint Filed By Defendants Dr Pepper Snapple Group, Inc. And Dr Pepper Snapple Group, Inc. Health Plan; And Declaration Of Thomas M. Christina In Support Thereof, #10 Memorandum Of Points & Authorities In Support Of, #11 Attachment (Part 1 of 4) to Stanley G. Schroeder Decl. in Support of Enterprise Holdings Motion to Dismiss, #12 Attachment (Part 2 of 4) to Stanley G. Schroeder Decl. in Support of Enterprise Holdings Motion to Dismiss, #13 Attachment (Part 3 of 4) to Stanley G. Schroeder Decl. in Support of Enterprise Holdings Motion to Dismiss, #14 Attachment (Part 4 of 4) to Stanley G. Schroeder Decl. in Support of Enterprise Holdings Motion to Dismiss, #15 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants Five Star Quality Care, Inc. And Five Star Quality Care; And Declaration Of Thomas M. Christina In Support Thereof, #16 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants G6 Hospitality, LLC F/K/A Accor North America, Inc. And G6 Hospitality Group Insurance Plan; And Declaration Of Thomas M. Christina In Support Thereof, #17 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint Filed By Defendants General Electric Company And GE Health Choice Plan; And Declaration Of Vance E. Drawdy In Support Thereof, #18 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants The Hain Celestial Group, Inc. And The Hain Celestial Group, Inc. Benefits Plan; And Declaration Of Thomas M. Christina In Support Thereof, #19 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants Mary Kay Inc. And Mary Kay Inc. Comprehensive Employee Health & Welfare Plan; And Declaration Of Thomas M. Christina In Support Thereof, #20 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants OCLC Online Computer Library Center, Inc. And OCLC Employee Group Medical Plan; And Declaration Of Thomas M. Christina In Support Thereof, #21 Memorandum In Support Of Motion To Dismiss Plaintiffs Amended Complaint By Defendants Old Dominion Freight Line, Inc. And Old Dominion Employee Benefit Plan; And Declaration Of Vance E. Drawdy In Support Thereof, #22 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants Probuild Holdings, Inc. And Probuild Holdings, Inc. Welfare Benefit Plan; And Declaration Of Thomas M. Christina In Support Thereof, #23 Memorandum In Support Of Motion To Dismiss Plaintiffs Second Amended Complaint By Defendants Sally Beauty Holdings, Inc. And Sally Beauty Holdings, Inc. Health And Welfare Plan; And Declaration Of Thomas M. Christina In Support Thereof, #24 Memorandum In Support Of Motion To Dismiss Plaintiffs Amended Complaint By Defendants Tire Centers, LLC And Tire Centers, LLC Employee Benefit Plan; And Declaration Of Vance E. Drawdy In Support Thereof)(Nalty, Sean)
July 27, 2015 Filing 1562 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Appendix to MPA, #3 Declaration of Charles M. Dyke, #4 Exhibit A to Declaration, #5 Proposed Order) (Dyke, Charles)
July 27, 2015 Filing 1561 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Hewlett-Packard Company, Hewlett-Packard Company Health Maintenance Organization Program. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1560 DECLARATION of Barbara Anderson in support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #1556 filed by Defendant Perkins Flexible Benefits Plan. (Attachments: #1 Exhibit A, #2 Exhibit B)(Devitt, Tamara)
July 27, 2015 Filing 1559 MEMORANDUM of Points and Authorities in Support filed by Defendant Perkins Flexible Benefits Plan. Re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint #1556 (Devitt, Tamara)
July 27, 2015 Filing 1558 NOTICE OF MOTION AND MOTION to Dismiss Case Memorandum of Law, and Notice of Joinder in Motion to Dismiss/Sever Plaintiffs' Second Amended Complaint under Fed. R. Civ. P. 12(B)(6) and 20(A) filed by Defendants Wachovia Corporation Health and Welfare Plan, Wachovia Financial Services, Inc., Wells Fargo & Co. Health Plan, Wells Fargo & Company. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Ronald S. Kravitz; Ex. 1-2, #2 Proposed Order) (Kravitz, Ronald)
July 27, 2015 Filing 1557 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendant The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities with Appendix A, #2 Declaration of Jason P. Gonzalez with Exhibit A, #3 Proposed Order) (Gonzalez, Jason)
July 27, 2015 Filing 1556 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendant Perkins Flexible Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Devitt, Tamara)
July 27, 2015 Filing 1555 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1554 NOTICE OF MOTION AND MOTION to Dismiss Defendants All Plaintiffs filed by Defendants Fugate Aviation, Inc., Fugate Enterprises Employee Welfare Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration DECLARATION OF CHRISTOPHER L. MORIARTY IN SUPPORT OF DEFENDANTS SADDLE CREEK CORPORATION, SADDLE CREEK CORPORATION GROUP INSURANCE FLEXIBLE BENEFITS PLAN, FUGATE AVATION, INC., AND FUGATE ENTERPRISES EMPLOYEE WELFARE BENEFIT PLANS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT UNDER FED. R. CIV. P 12(b)(3), 12(b)(6) and 20(a); AND MOTION FOR JOINDER, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS SADDLE CREEK CORPORATION, SADDLE CREEK CORPORATION GROUP INSURANCE FLEXIBLE BENEFITS PLAN, FUGATE AVATION, INC., AND FUGATE ENTERPRISES EMPLOYEE WELFARE BENEFIT PLANS MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT UNDER FED. R. CIV. P 12(b)(3), 12(b)(6) and 20(a); AND MOTION FOR JOINDER) (Moriarty, Christopher)
July 27, 2015 Filing 1553 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1552 MEMORANDUM in Support MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (Set November 2, 2015) filed by Defendants National Financial Partners Corp., National Financial Partners Corp. Group Health Plan for Employees. (Attachments: #1 Proposed Order)(Faucher, Joseph)
July 27, 2015 Filing 1551 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by defendant Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Appendix to MPA, #3 Declaration, #4 Exhibit A to Declaration, #5 Proposed Order) (Dyke, Charles)
July 27, 2015 Filing 1550 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant GAP Inc. Health and Life Plan, Gap, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Exhibit Attachment 5, #7 Exhibit Attachment 6, #8 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1549 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Vickie V. Grasu, #2 Exhibit A to Declaration of Vickie V. Grasu, #3 Proposed Order) (Grasu, Vickie)
July 27, 2015 Filing 1548 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Attachments: #1 Declaration of Shannon Ernster in Support of Nursefinders LLC and AMC Healthcare, Inc. Health Insurance Plan's Motion to Dismiss Plaintiff's SAC, #2 Exhibit A - D to Ernster Declaration)(Ernster, Shannon)
July 27, 2015 Filing 1547 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Under Fed.R.Civ.P. 12(b)(6) and 20(a); Memorandum of Points and Authorities; Declaration in Support filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Lewis, Michelle)
July 27, 2015 Filing 1546 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Exhibit Attachment 4, #6 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1545 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Attachments: #1 Declaration of Shannon Ernster ISO The ServiceMaster Company, LLC and the ServiceMaster Health & Welfare Benefits Plan's Motion to Dismiss, #2 Exhibit A - B to Ernster Declaration)(Ernster, Shannon)
July 27, 2015 Filing 1544 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Under Fed.R.Civ.P. 12(b)(6) and 20(a); Memorandum of Points and Authorities; Declaration in Support filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Proposed Order Proposed Order) (Lewis, Michelle)
July 27, 2015 Filing 1543 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendant Loomis Armored US, LLC, Loomis Health & Welfare Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Declaration of John S. Williamson, #2 Exhibit Exhibit 1 Part 1, #3 Exhibit Exhibit 1 Part 2, #4 Exhibit Exhibit 1 Part 3, #5 Exhibit Exhibit 1 Part 4) (Williamson, John)
July 27, 2015 Filing 1542 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Under Fed.R.Civ.P. 12(b)(6) and 20(a); Memorandum of Points and Authorities; Declaration in Support filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Lewis, Michelle)
July 27, 2015 Filing 1541 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Allstate Cafeteria Plan, Allstate Insurance Company. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Susan T. Kumagai, #2 Exhibit A-D, #3 Proposed Order) (Kumagai, Susan)
July 27, 2015 Filing 1540 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Attachments: #1 Declaration Ernster Declaration in Support of Defendants Central Parking Corporation and Central Parking Health and Welfare Plan's Motion to Dismiss, #2 Exhibit A - F to Ernster Declaration)(Ernster, Shannon)
July 27, 2015 Filing 1539 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Amplan, The Amtrak Union Benefits Plan, National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Nicole Diller, #2 Exhibit Attachment 1, #3 Exhibit Attachment 2, #4 Exhibit Attachment 3, #5 Proposed Order) (Diller, Nicole)
July 27, 2015 Filing 1538 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jason Gonzalez, #3 Exhibit A to Declaration of Jason P. Gonzalez, #4 Exhibit B to Declaration of Jason P. Gonzalez, #5 Proposed Order) (Gonzalez, Jason)
July 27, 2015 Filing 1537 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jason P. Gonzalez, #3 Exhibit A to Declaration of Jason P. Gonzalez, #4 Proposed Order) (Gonzalez, Jason)
July 27, 2015 Filing 1536 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Under Fed.R.Civ.P. 12(b)(6) and 20(a); Memorandum of Points and Authorities; Declaration in Support filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. Motion set for hearing on 11/5/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order) (Lewis, Michelle)
July 27, 2015 Filing 1535 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Southwest Airlines Co., Southwest Airlines Co. Welfare Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Defendants Southwest Airlines Co. and Southwest Airlines Co. Welfare Benefit Plan's Three-Page Brief in Support of Their Motion to Dismiss Plaintiffs' Second Amended Complaint, or, in the Alternative, Motion to Transfer Venue, #2 Declaration of Julie Weber in Support of Defendnats Southwest Airlines Co. and Southwest Airlines Co. Welfare Benefit Plan's Motion to Dismiss Plaintiffs' Second Amended Complaint, or, in the Alternative, Motion to Transfer Venue, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order Granting Defendants Southwest Airlines Co. and Southwest Airlines Co. Welfare Benefit Plan's Motion to Dismiss Plaintiffs' Second Amended Complaint, or, in the Alternative, Motion to Transfer Venue) (Perrin, Edward)
July 27, 2015 Filing 1534 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendant Loomis Armored US, LLC, Loomis Health & Welfare Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Williamson, John)
July 27, 2015 Filing 1533 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint Under Fed.R.Civ.P. 12(b)(6) and 20(a); Memorandum of Points and Authorities; Declaration in Support filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Proposed Order) (Lewis, Michelle)
July 27, 2015 Filing 1532 MEMORANDUM in Support MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (Set November 2, 2015) filed by Defendant PSN USA Holdings, Inc.. (Attachments: #1 Declaration Joseph Faucher, #2 Exhibit A, #3 Proposed Order)(Faucher, Joseph)
July 27, 2015 Filing 1531 NOTICE of Appearance filed by attorney Stephen P Lucke on behalf of Defendant CBS Health and Welfare Benefits Plan (Lucke, Stephen)
July 27, 2015 Filing 1530 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants CBS Corporation, CBS Health and Welfare Benefits Plan. (Attachments: #1 Supplement to Declaration of Meghan L. DesLauriers, #2 Exhibit 208 to Supplemental Declaration of Meghan L. DesLauriers, #3 Exhibit 208(a) to Supplemental Declaration of Meghan L. DesLauriers)(Attorney Stephen P Lucke added to party CBS Health and Welfare Benefits Plan(pty:dft), Attorney Stephen P Lucke added to party CBS Health and Welfare Benefits Plan(pty:dft))(Lucke, Stephen)
July 27, 2015 Filing 1529 MEMORANDUM in Support MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT (Set November 2, 2015) filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. (Attachments: #1 Declaration Joseph Faucher, #2 Exhibit A - B, #3 Proposed Order)(Faucher, Joseph)
July 27, 2015 Filing 1528 NOTICE OF MOTION AND MOTION to Dismiss Case -Plaintiff's Second Amended Complaint - filed by Defendants GlaxoSmithKline Health and Welfare Benefits Plan for US Employees, GlaxoSmithKline, LLC. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Lindsey Edelmann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order) (Birenbaum, Charles)
July 27, 2015 Filing 1527 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint , Memorandum of Law, and Notice of Joinder filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Exhibit A - Declaration of Heather S. Lehman, #2 Exhibit 1 to the Declaration of Heather S. Lehman, #3 Exhibit 2 to the Declaration of Heather S. Lehman, #4 Exhibit 3 to the Declaration of Heather S. Lehman, #5 Proposed Order) (Roche, Michael)
July 27, 2015 Filing 1526 MEMORANDUM in Support MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Attachments: #1 Declaration Joseph Faucher, #2 Exhibit A - C, #3 Proposed Order)(Faucher, Joseph)
July 27, 2015 Filing 1525 NOTICE of Appearance filed by attorney Stephen P Lucke on behalf of Defendant CBS Corporation (Attorney Stephen P Lucke added to party CBS Corporation(pty:dft), Attorney Stephen P Lucke added to party CBS Corporation(pty:dft))(Lucke, Stephen)
July 27, 2015 Filing 1524 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Second Amended Complaint filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order, #2 Declaration) (Wan, Karen)
July 27, 2015 Filing 1523 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order) (Clark, Shauna)
July 27, 2015 Filing 1522 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan. (Attachments: #1 Exhibit A, #2 Proposed Order) (Clark, Shauna)
July 27, 2015 Filing 1521 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Attamara Hayes, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Proposed Order) (Moak, James)
July 26, 2015 Filing 1520 Notice of Motion and Motion to Dismiss Second Am. Compl. re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) #1511 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendant Edison International Welfare Benefit Plan Number Two. (Attachments: #1 Proposed Order)(Eastus, Matthew)
July 24, 2015 Filing 1519 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum In Support of Motion to Dismiss SAC, #2 Declaration of Daniel O. Jamison In Support of Motion to Dismiss SAC, #3 Declaration of Carolyn Aranda In Support of Motion to Dismiss SAC) (Jamison, Daniel)
July 24, 2015 Filing 1518 NOTICE filed by defendant Ensign United States Drilling, Inc.. Ensign Defendants' Notice of Joinder in Employer and Plan Defts Motion to Dismiss Plaintiffs' Second Amended Complaint (Pearson, Jerry)
July 24, 2015 Filing 1517 NOTICE filed by defendant Ensign United States Drilling, Inc.. Motion to Dismiss Causes of Action in Second Amended Complaint as to Ensign Defendants (Pearson, Jerry)
July 24, 2015 Filing 1516 MEMORANDUM in Support OF THREE-PAGE MOTION TO DISMISS ALL CLAIMS IN THE SECOND AMENDED COMPLAINT AGAINST DEFENDANTS AEGON USA, LLC and AEGON COMPANIES MEDICAL PLAN (Set November 2, 2015) filed by Defendants Aegon Companies Medical Plan, Aegon USA LLC. (Attachments: #1 Declaration David R. Levin, #2 Exhibit 1 - 4 to Declaration, #3 Proposed Order)(Faucher, Joseph)
July 22, 2015 Filing 1515 NOTICE OF ERRATA filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan, Cingular Wireless Medical Plus Plan. correcting Declaration (Motion related),,,,,,, #1514 /Notice of Errata of Declaration of Leanne L. Matchen in Support of (I) United's Motion to Dismiss Plaintiffs' Second Amended Complaint; and (II) Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Second Amended Complaint (Westerfeld, Bryan)
July 20, 2015 Filing 1514 DECLARATION of Leanne L. Matchen in Support of MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 #1482 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) #1511 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit 2(a) Part 1(a) to Declaration of Leanne L. Matchen, #2 Exhibit 2(A) Part 1(b) of Leanne L. Matchen, #3 Exhibit 2(a) Part 2 of Leanne L. Matchen, #4 Exhibit 2(a) Part 3(a) of Leanne L. Matchen, #5 Exhibit 2(a) Part 3(b) of Leanne L. Matchen, #6 Exhibit 2(a) Part 4 of Leanne L. Matchen, #7 Exhibit 7(a) - 21(a) of Leanne L. Matchen, #8 Exhibit 26(a) Part 1 of Leanne L. Matchen, #9 Exhibit 26(a) Part 2 of Leanne L. Matchen, #10 Exhibit 33(a) of Leanne L. Matchen, #11 Exhibit 40(a) of Leanne L. Matchen, #12 Exhibit 41(a) - 54(a) of Leanne L. Matchen, #13 Exhibit 59(a) of Leanne L. Matchen, #14 Exhibit 78(a) Part 1 of Leanne L. Matchen, #15 Exhibit 78(a) Part 2 of Leanne L. Matchen, #16 Exhibit 82(a) - 95(a) of Leanne L. Matchen, #17 Exhibit 107(a) Part 1 of Leanne L. Matchen, #18 Exhibit 107(a) Part 2 of Leanne L. Matchen, #19 Exhibit 108(a) - 125(a) of Leanne L. Matchen, #20 Exhibit 132(a) of Leanne L. Matchen, #21 Exhibit 147(A) - 151(a) of Leanne L. Matchen, #22 Exhibit 153(a) - 166(a) of Leanne L. Matchen, #23 Exhibit 168(a) of Leanne L. Matchen, #24 Exhibit 176(a) Part 1 of Leanne L. Matchen, #25 Exhibit 176(a) Part 2 of Leanne L. Matchen, #26 Exhibit 176(a) Part 3 of Leanne L. Matchen, #27 Exhibit 189(a) of Leanne L. Matchen, #28 Exhibit 192(a) - 206 of Leanne L. Matchen, #29 Exhibit 207(a) of Leanne L. Matchen)(Lucke, Stephen)
July 20, 2015 Filing 1513 DECLARATION of Meghan L. Deslauriers in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Pl #1512 , NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) #1511 filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. (Attachments: #1 Exhibit 1 to Declaration of Meghan L. Deslauriers, #2 Exhibit 2 Part 1 to Declaration of Meghan L. Deslauriers, #3 Exhibit 2 Part 2 to Declaration of Meghan L. Deslauriers, #4 Exhibit 3-5 to Declaration of Meghan L. Deslauriers, #5 Exhibit 6-9 to Declaration of Meghan L. Deslauriers, #6 Exhibit 10 to Declaration of Meghan L. Deslauriers, #7 Exhibit 11-13 to Declaration of Meghan L. Deslauriers, #8 Exhibit 14 to Declaration of Meghan L. Deslauriers, #9 Exhibit 15-18 to Declaration of Meghan L. Deslauriers, #10 Exhibit 19 to Declaration of Meghan L. Deslauriers, #11 Exhibit 20-21 to Declaration of Meghan L. Deslauriers, #12 Exhibit 22-23 to Declaration of Meghan L. Deslauriers, #13 Exhibit 24-26 to Declaration of Meghan L. Deslauriers, #14 Exhibit 27-28 to Declaration of Meghan L. Deslauriers, #15 Exhibit 29-31 to Declaration of Meghan L. Deslauriers, #16 Exhibit 32-33 to Declaration of Meghan L. Deslauriers, #17 Exhibit 34-36 to Declaration of Meghan L. Deslauriers, #18 Exhibit 37-40 to Declaration of Meghan L. Deslauriers, #19 Exhibit 41 to Declaration of Meghan L. Deslauriers, #20 Exhibit 42-44 to Declaration of Meghan L. Deslauriers, #21 Exhibit 45-47 to Declaration of Meghan L. Deslauriers, #22 Exhibit 48-52 to Declaration of Meghan L. Deslauriers, #23 Exhibit 53-55 to Declaration of Meghan L. Deslauriers, #24 Exhibit 56-58 to Declaration of Meghan L. Deslauriers, #25 Exhibit 59-61 to Declaration of Meghan L. Deslauriers, #26 Exhibit 62-63 to Declaration of Meghan L. Deslauriers, #27 Exhibit 64-65 to Declaration of Meghan L. Deslauriers, #28 Exhibit 66 to Declaration of Meghan L. Deslauriers, #29 Exhibit 67-70 to Declaration of Meghan L. Deslauriers, #30 Exhibit 71-72 to Declaration of Meghan L. Deslauriers, #31 Exhibit 73-75 to Declaration of Meghan L. Deslauriers, #32 Exhibit 76 to Declaration of Meghan L. Deslauriers, #33 Exhibit 77 to Declaration of Meghan L. Deslauriers, #34 Exhibit 78 to Declaration of Meghan L. Deslauriers, #35 Exhibit 79-83 to Declaration of Meghan L. Deslauriers, #36 Exhibit 84-85 to Declaration of Meghan L. Deslauriers, #37 Exhibit 86-88 to Declaration of Meghan L. Deslauriers, #38 Exhibit 89-91 to Declaration of Meghan L. Deslauriers, #39 Exhibit 92-94 to Declaration of Meghan L. Deslauriers, #40 Exhibit 95-98 to Declaration of Meghan L. Deslauriers, #41 Exhibit 99-102 to Declaration of Meghan L. Deslauriers, #42 Exhibit 103-106 to Declaration of Meghan L. Deslauriers, #43 Exhibit 107-110 to Declaration of Meghan L. Deslauriers, #44 Exhibit 111-113 to Declaration of Meghan L. Deslauriers, #45 Exhibit 114-115 to Declaration of Meghan L. Deslauriers, #46 Exhibit 116-118 to Declaration of Meghan L. Deslauriers, #47 Exhibit 119-120 to Declaration of Meghan L. Deslauriers, #48 Exhibit 121-124 to Declaration of Meghan L. Deslauriers, #49 Exhibit 125-129 to Declaration of Meghan L. Deslauriers, #50 Exhibit 130-132 to Declaration of Meghan L. Deslauriers, #51 Exhibit 133-135 to Declaration of Meghan L. Deslauriers, #52 Exhibit 136-138 to Declaration of Meghan L. Deslauriers, #53 Exhibit 139-141 to Declaration of Meghan L. Deslauriers, #54 Exhibit 142-143 to Declaration of Meghan L. Deslauriers, #55 Exhibit 144-146 to Declaration of Meghan L. Deslauriers, #56 Exhibit 147-148 to Declaration of Meghan L. Deslauriers, #57 Exhibit 149 to Declaration of Meghan L. Deslauriers, #58 Exhibit 150 to Declaration of Meghan L. Deslauriers, #59 Exhibit 151-155 to Declaration of Meghan L. Deslauriers, #60 Exhibit 156 to Declaration of Meghan L. Deslauriers, #61 Exhibit 157 to Declaration of Meghan L. Deslauriers, #62 Exhibit 158 Part 1 to Declaration of Meghan L. Deslauriers, #63 Exhibit 158 Part 2 to Declaration of Meghan L. Deslauriers, #64 Exhibit 159-160 to Declaration of Meghan L. Deslauriers, #65 Exhibit 161 to Declaration of Meghan L. Deslauriers, #66 Exhibit 162-163 to Declaration of Meghan L. Deslauriers, #67 Exhibit 164-167 to Declaration of Meghan L. Deslauriers, #68 Exhibit 168-170 to Declaration of Meghan L. Deslauriers, #69 Exhibit 171-173 to Declaration of Meghan L. Deslauriers, #70 Exhibit 174-176 to Declaration of Meghan L. Deslauriers, #71 Exhibit 177-178 to Declaration of Meghan L. Deslauriers, #72 Exhibit 179 Part 1 to Declaration of Meghan L. Deslauriers, #73 Exhibit 179 Part 2 to Declaration of Meghan L. Deslauriers, #74 Exhibit 180-181 to Declaration of Meghan L. Deslauriers, #75 Exhibit 182 to Declaration of Meghan L. Deslauriers, #76 Exhibit 183-187 to Declaration of Meghan L. Deslauriers, #77 Exhibit 188-190 to Declaration of Meghan L. Deslauriers, #78 Exhibit 191-194 to Declaration of Meghan L. Deslauriers, #79 Exhibit 195-198 to Declaration of Meghan L. Deslauriers, #80 Exhibit 199-202 to Declaration of Meghan L. Deslauriers, #81 Exhibit 203-205 to Declaration of Meghan L. Deslauriers)(Lucke, Stephen)
July 20, 2015 Filing 1512 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) /Employer and Plan Defendant Omnibus Notice of Motion and Motion to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(6), as well as 12(b)(1), 12(b)(3), 20(a) and 28 U.S.C. 1406(a) filed by Defendants AARP, AARP Employees Welfare Plan, AT&T Corp., AT&T Mobility LLC, AT&T Umbrella Benefit Plan. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Attachment A - Certain Defendant, #2 Declaration of Bryan S. Westerfeld in Sipport of (I) United's Motion to Dismiss Plaintiffs' Second Amended Complaint; and (II) Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Second Amended Complaint, #3 Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint under FED. R. CIV. P, 12(b)(6), as well as 12(b)(1) and 12(b)(3), 20(a) and 28 U.S.C. 1406(a), #4 Proposed Order Granting Employer and Plan Defendant Omnibus Motion to Dismiss) (Attorney Stephen P Lucke added to party AT&T Corp.(pty:dft), Attorney Stephen P Lucke added to party AT&T Corp.(pty:dft), Attorney Stephen P Lucke added to party AT&T Mobility LLC(pty:dft), Attorney Stephen P Lucke added to party AT&T Mobility LLC(pty:dft), Attorney Stephen P Lucke added to party AT&T Umbrella Benefit Plan(pty:dft), Attorney Stephen P Lucke added to party AT&T Umbrella Benefit Plan(pty:dft)) (Lucke, Stephen)
July 20, 2015 Filing 1511 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. 12(b)(1) and 12(b)(6) filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. Motion set for hearing on 11/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiffs' Second Amended Complaint Under FED. R. CIV. P. 12(b)(1) & (b)(6), #2 Proposed Order Granting United Defendants' Motion to Dismiss) (Lucke, Stephen)
July 14, 2015 Filing 1510 Notice of Appearance or Withdrawal of Counsel: for attorney Emily L Garcia counsel for Defendants Hugo Boss USA Inc. Wrap Welfare Benefits Plan, Hugo Boss USA, Inc.. Emily L. Garcia will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Emily L. Garcia is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants Hugo Boss USA Inc. and Hugo Boss Inc. Wrap Welfare Benefits Plan. (Garcia, Emily)
July 14, 2015 Filing 1509 Notice of Appearance or Withdrawal of Counsel: for attorney James Patrick Baker counsel for Defendants Hugo Boss USA Inc. Wrap Welfare Benefits Plan, Hugo Boss USA, Inc.. James P. Baker will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. James P. Baker is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Hugo Boss USA, Inc. and Hugo Boss USA Inc. Wrap Welfare Plan. (Baker, James)
July 14, 2015 Filing 1508 NOTICE OF ERRATA filed by Plaintiff Almont Ambulatory Surgery Center LLC. correcting Amended Complaint/Petition, #1493 (Attachments: #1 Appendix A to Second Amended Complaint)(Chan, Eric)
July 13, 2015 Filing 1507 STATUS REPORT /July 13, 2015 Joint Status Report filed by Defendant UnitedHealth Group Inc. (Westerfeld, Bryan)
July 13, 2015 Opinion or Order Filing 1506 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Fernando M. Olguin, for the reasons set forth on this order. Related Case No. CV13-07369 FMO (PJWx). (mg)
July 9, 2015 Opinion or Order Filing 1505 ORDER Upon Stipulation to Dismiss With Prejudice #1504 by Judge Michael W. Fitzgerald that defendants HUGO BOSS USA, INC., and HUGO BOSS USA INC. WRAP WELFARE BENEFITS PLAN are dismissed from this action with prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and HUGO BOSS USA, INC. and HUGO BOSS USA INC. WRAP WELFARE BENEFITS PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one 24 another in this matter. (jp)
July 8, 2015 Filing 1504 STIPULATION to Dismiss Defendants Hugo Boss USA Inc. Wrap Welfare Benefits Plan, Hugo Boss USA, Inc. filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
July 5, 2015 Filing 1503 NOTICE OF FILING TRANSCRIPT filed for proceedings 4-01-15, 10:14 AM re Transcript #1502 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Adams, Rosalyn) TEXT ONLY ENTRY
July 5, 2015 Filing 1502 TRANSCRIPT for proceedings held on 4-01-15, 10:14 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/26/2015. Redacted Transcript Deadline set for 8/5/2015. Release of Transcript Restriction set for 10/3/2015. (Adams, Rosalyn)
June 22, 2015 Filing 1501 STATUS REPORT filed by Defendant United HealthCare Services Inc.. (Westerfeld, Bryan)
June 17, 2015 Opinion or Order Filing 1500 ORDER DISMISSING CERTAIN DEFENDANTS #1499 by Judge Michael W. Fitzgerald that Defendants Alexander Gallo Holdings, LLC; Alexander Gallo Holdings, LLC Welfare Benefit Plan; Aptco, LLC; Dellacamera Capital Management, LLC; Dellacamera Capital Management, LLC Health and Welfare Plan; Founders Healthcare, LLC; Founders Healthcare, LLC Preferred Homecare Employee Benefit Plan; McCarthy Holthus, LP; McCarthy & Holthus, LLP Welfare Benefits Plan; Metropolitan Life Insurance Company; MetLife Options and Choices Plan; Sleep Innovations, Inc,; Sleep Innovations, Inc. Welfare Benefit Plan; Systems Application & Technologies, Inc.; Systems Application and Technologies, Inc. Health and Welfare Plan; Telaid Industries, Inc.; Telaid Group Health Plan; Calibre Inc.; and Calibre Inc. Employee Health Plan are dismissed without prejudice. (jp)
June 16, 2015 Filing 1499 Joint STIPULATION to Dismiss Defendants APTCO LLC(a California limited liability company), Alexander Gallo Holdings LLC, Alexander Gallo Holdings LLC Welfare Benefit Plan, Calibre Inc, Calibre, Inc., Employees Health Plan, DellaCamera Capital Management, LLC, DellaCamera Capital Management, LLC Health and Welfare Plan, Founders Healthcare, LLC, Founders Healthcare, LLC Preferred Homecare Employee Benefit Plan, McCarthy &Holthus, LLP Welfare Benefits Plan, McCarthy Holthus, LP, Metropolitan Life Insurance Company, Sleep Innovations, Inc., Sleep Innovations, Inc. Welfare Benefit Plan, Systems Application & Technologies, Inc., Systems Application and Technologies, Inc. Health and Welfare Plan, Telaid Group Health Plan, Telaid Industries, Inc. filed by Defendant UnitedHealthCare Insurance Company. (Attachments: #1 Proposed Order Dismissing Certain Defendants)(Westerfeld, Bryan)
June 15, 2015 Opinion or Order Filing 1498 (IN CHAMBERS): ORDER DENYING DEFENDANTS' AND COUNTERCLAIM PLAINTIFFS' MOTION FOR ORDER ENJOINING REQUESTS FOR AND USE OF PURPORTED ASSIGNMENTS FROM, AND FOR CORRECTIVE COMMUNICATIONS TO, THIRD-PARTY PATIENT WITNESSES #1426 #1430 #1431 #1434 #1438 [1439 ] #1441 #1444 #1445 #1448 #1451 #1458 #1461 #1465 #1467 #1469 #1471 #1472 #1473 #1476 #1477 #1478 #1479 #1480 #1481 #1482 #1491 by Judge Michael W. Fitzgerald: The Court DENIES the Motion. Except for denial of the injunction, the denial is without prejudice to granting some form of relief after the parties have had a full opportunity to address Plaintiffs' intended use of the putative assignments. IT IS SO ORDERED. (jloz)
June 11, 2015 Filing 1497 Parties' Positions Concerning Requested Relief in Motion for Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses per Court Directive filed by Defendant UnitedHealthCare Insurance Company (Westerfeld, Bryan)
June 8, 2015 Filing 1496 TRANSCRIPT ORDER as to Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company Court Reporter. Court will contact Michelle S. Grant at grant.michelle@dorsey.com with any questions regarding this order. Transcript portion requested: Other: 6/5/15 hearing on assignments. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Grant, Michelle)
June 5, 2015 Filing 1495 MINUTES OF Telephonic Status Conference re Defendants and Counterclaimants Motion for Order Enjoining Request for and Use of Purported Assignemts from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 ; Joinders: #1430 , #1434 , #1441 , #1444 , #1448 , #1451 , #1458 , #1461 , #1465 , #1467 , #1469 , #1472 , #1473 , #1476 , #1477 , #1478 , #1479 , #1480 , #1481 , #1482 , #1491 before Judge Michael W. Fitzgerald: Case called, and counsel state their appearance. The Court hears oral argument from counsel and takes the motions under submission. An order will issue. Court Reporter: Deborah Gackle. (jp)
June 2, 2015 Filing 1494 21 DAY Summons Issued re Second Amended Complaint #1493 as to Defendants. (jp)
June 1, 2015 Filing 1493 SECOND AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint, #840 , filed by Plaintiff Almont Ambulatory Surgery Center LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Appendix A)(Tooch, Daron)
June 1, 2015 Filing 1492 STATUS REPORT (Joint) filed by Defendant UnitedHealthCare Insurance Company. (Attachments: #1 Exhibit 1(a) Status Chart, #2 Exhibit 2(a) Plaintiff's Chart)(Wurscher, Nicole)
May 29, 2015 Filing 1491 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. (Lehman, Heather)
May 28, 2015 Filing 1490 Notice of Appearance or Withdrawal of Counsel: for attorney Katherine B W Insogna counsel for Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. Katherine W. Insogna is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant BMW of North America, LLC and BMW of North America LLC Health and Welfare Plans. (Insogna, Katherine)
May 27, 2015 Filing 1489 STATUS REPORT - UPDATED filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
May 27, 2015 Filing 1488 STATUS REPORT - UPDATED filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
May 22, 2015 Opinion or Order Filing 1487 AMENDED MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Court has reviewed the Joint Status Report #1464 and sets a briefing schedule for the motions to dismiss second amended complaint, and issues orders concerning the use of plan documents. At present, the Court declines to rule on the plaintiffs' request for an order regarding production of plan documents in related case No. CV 14-3053. *See Order for specific rulings.* IT IS SO ORDERED. (cw)
May 22, 2015 Opinion or Order Filing 1486 MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Court has reviewed the Joint Status Report #1464 and sets a briefing schedule for the motions to dismiss second amended complaint, and issues orders concerning the use of plan documents. At present, the Court declines to rule on the plaintiffs' request for an order regarding production of plan documents in related case No. CV 14-3053. *See Order for specific rulings.* IT IS SO ORDERED. (cw)
May 22, 2015 Filing 1485 SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the hearing on Defendants' and Counterclaim Plaintiffs' Motion for Order Enjoining Requests for and Use of Purported Assignments from, and for Corrective Communications to, Third-Party Witnesses #1426 , including all Joinders thereto, is continued from 6/1/2015 to 6/5/2015 at 3:00 p.m. before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
May 21, 2015 Opinion or Order Filing 1484 ORDER UPON STIPULATION TO DISMISS ONWARD HEALTHCARE, INC. AND ONWARD HEALTHCARE, INC. HEALTH AND WELFARE PLAN by Judge Michael W. Fitzgerald: Upon Stipulation #1483 , IT IS HEREBY ORDERED that Defendants ONWARD HEALTHCARE, INC. and ONWARD HEALTHCARE, INC. HEALTH AND WELFARE PLAN are dismissed without prejudice from this action. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and ONWARD HEALTHCARE, INC. and ONWARD HEALTHCARE, INC. HEALTH AND WELFARE PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (gk)
May 20, 2015 Filing 1483 STIPULATION to Dismiss defendants Onward Healthcare, Inc., Onward Healthcare, Inc. Health and Welfare Plan filed by plaintiffs Onward Healthcare, Inc., Onward Healthcare, Inc. Health and Welfare Plan. (Attachments: #1 Proposed Order)(Attorney Eric David Chan added to party Onward Healthcare, Inc.(pty:dft), Attorney Eric David Chan added to party Onward Healthcare, Inc.(pty:dft), Attorney Eric David Chan added to party Onward Healthcare, Inc. Health and Welfare Plan(pty:dft), Attorney Eric David Chan added to party Onward Healthcare, Inc. Health and Welfare Plan(pty:dft))(Chan, Eric)
May 20, 2015 Filing 1482 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Strauss, Sean)
May 20, 2015 Filing 1481 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Strauss, Sean)
May 20, 2015 Filing 1480 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Strauss, Sean)
May 20, 2015 Filing 1479 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Strauss, Sean)
May 20, 2015 Filing 1478 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Strauss, Sean)
May 20, 2015 Filing 1477 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
May 20, 2015 Filing 1476 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
May 20, 2015 Filing 1475 STATUS REPORT UPDATED STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
May 20, 2015 Filing 1474 STATUS REPORT UPDATED STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
May 20, 2015 Filing 1473 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. (Gonzalez, Jason)
May 20, 2015 Filing 1472 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. (Gonzalez, Jason)
May 20, 2015 Filing 1471 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated. (Gonzalez, Jason)
May 18, 2015 Filing 1470 REPLY filed by Defendants Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company /Defendants and Counterclaim Plaintiffs' Reply Brief in Support of an Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses (Westerfeld, Bryan)
May 18, 2015 Filing 1469 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Howard, J)
May 18, 2015 Filing 1468 STATUS REPORT [UPDATED STATUS REPORT] filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. (Kravitz, Ronald)
May 14, 2015 Filing 1467 NOTICE OF MOTION re MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Nalty, Sean)
May 14, 2015 Filing 1466 Notice of Appearance or Withdrawal of Counsel: for attorney Bridget A. Gordon counsel for Plaintiff Almont Ambulatory Surgery Center LLC. Filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attorney Bridget A. Gordon added to party Almont Ambulatory Surgery Center LLC(pty:pla), Attorney Bridget A. Gordon added to party Almont Ambulatory Surgery Center LLC(pty:pla))(Gordon, Bridget)
May 12, 2015 Filing 1465 JOINDER filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc. joining in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 . (Grasu, Vickie)
May 11, 2015 Filing 1464 STATUS REPORT JOINTLY FILED BY THE PARTIES filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Exhibit 1 to Joint Status Report, #2 Exhibit to Joint Status Report)(Chan, Eric)
May 11, 2015 Filing 1463 STATUS REPORT filed by Defendants The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America. (Gonzalez, Jason)
May 11, 2015 Filing 1462 STATUS REPORT filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated, Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. (Gonzalez, Jason)
May 11, 2015 Filing 1461 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by defendant Perkins Flexible Benefits Plan. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Devitt, Tamara)
May 11, 2015 Filing 1460 STATUS REPORT RE: PRODUCTION OF DOCUMENTS BY DEFENDANT FOX ENTERTAINMENT GROUP, INC. AND FOX HEALTH PLAN filed by Defendants Fox Entertainment Group, Inc., Fox Health Plan. (Matthews, Stephanie)
May 11, 2015 Filing 1459 MEMORANDUM in Opposition to MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Declaration of Eric Chan, #2 Declaration of Ralph Almeida)(Chan, Eric)
May 11, 2015 Filing 1458 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Attorney Shauna Johnson Clark added to party Santander Consumer USA Inc. Welfare Benefit Plan(pty:dft), Attorney Shauna Johnson Clark added to party Santander Consumer USA Inc. Welfare Benefit Plan(pty:dft), Attorney Shauna Johnson Clark added to party Santander Consumer USA, Inc.(pty:dft), Attorney Shauna Johnson Clark added to party Santander Consumer USA, Inc.(pty:dft))(Clark, Shauna)
May 11, 2015 Filing 1457 STATUS REPORT filed by Defendants T-Mobile USA, Inc., T-Mobile USA, Inc. Employee Benefit Plan. (Strauss, Sean)
May 11, 2015 Filing 1456 STATUS REPORT filed by Defendants Red Wing Shoe Company Flexible Benefit Plan, Red Wing Shoe Company, Inc.. (Strauss, Sean)
May 11, 2015 Filing 1455 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS filed by Defendants Orix USA Corporation, Orix USA Corporation Welfare Plan. (Faucher, Joseph)
May 11, 2015 Filing 1454 STATUS REPORT filed by Defendants Plains All American GP LLC Employee Benefit Plan, Plains All American GP, LLC. (Strauss, Sean)
May 11, 2015 Filing 1453 STATUS REPORT filed by Defendants Kinetic Concepts, Inc., Kinetics Concepts Inc. Employee Benefits Trust. (Strauss, Sean)
May 11, 2015 Filing 1452 STATUS REPORT filed by Defendants BBA Aviation Benefit Plan, BBA Aviation USA Inc.. (Strauss, Sean)
May 11, 2015 Filing 1451 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Wells Fargo & Co. Health Plan, Wells Fargo & Company. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Kravitz, Ronald)
May 8, 2015 Filing 1450 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS BY PHARMACEUTICAL PRODUCT DEVELOPMENT DEFENDANTS filed by Defendants Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Dyke, Charles)
May 8, 2015 Filing 1449 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS BY UNION BANK DEFENDANTS filed by Defendants Union Bank Health Benefit Plan, Union Bank, N.A.. (Dyke, Charles)
May 8, 2015 Filing 1448 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendant Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Daniel O Jamison added to party Aera Energy Services Company Medical Benefits Plan(pty:dft), Attorney Daniel O Jamison added to party Aera Energy Services Company Medical Benefits Plan(pty:dft))(Jamison, Daniel)
May 8, 2015 Filing 1447 STATUS REPORT filed by Defendants Perkins & Marie Callender's LLC, Perkins Flexible Benefits Plan. (Devitt, Tamara)
May 8, 2015 Filing 1446 STATUS REPORT filed by Defendant Edison International Welfare Benefit Plan Number Two. (Eastus, Matthew)
May 8, 2015 Filing 1445 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
May 8, 2015 Filing 1444 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendant Edison International Welfare Benefit Plan Number Two. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Eastus, Matthew)
May 8, 2015 Filing 1443 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS BY WOOD GROUP PSN, INC. (erroneously sued as PSN USA Holdings, Inc. filed by Defendant PSN USA Holdings, Inc.. (Faucher, Joseph)
May 8, 2015 Filing 1442 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS BY DEFENDANTS BUILDING MATERIALS CORPORATION OF AMERICA, and GAF MATERIALS CORPORATION WELFARE BENEFIT PLAN filed by Defendants Building Materials Corporation of America, GAF Materials Corporation Welfare Benefit Plan. (Faucher, Joseph)
May 8, 2015 Filing 1441 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by defendant Ensign United States Drilling, Inc.. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Pearson, Jerry)
May 8, 2015 Filing 1440 STATUS REPORT filed by Defendants Sodexo, Inc., Sodexo, Inc. Medical Benefits Plan. (Badgett, Melissa)
May 8, 2015 Filing 1439 NOTICE filed by defendant Sodexo, Inc., Sodexo, Inc. Medical Benefits Plan. Notice of Joinder (Badgett, Melissa)
May 8, 2015 Filing 1438 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendant Saddle Creek Corporation. (Moriarty, Christopher)
May 8, 2015 Filing 1437 STATUS REPORT filed by Defendants PPS Holdings, Inc., PPS Holdings, Inc. Employee Benefit Plan. (Moak, James)
May 7, 2015 Filing 1436 STATUS REPORT REGARDING PRODUCTION OF DOCUMENTS filed by Defendants National Financial Partners Corp., National Financial Partners Corp. Group Health Plan for Employees. (Faucher, Joseph)
May 7, 2015 Filing 1435 STATUS REPORT Re Production of Whirlpool Plan Documents to Plaintiffs filed by Defendants Whirlpool Corporation, Whirlpool Corporation Group Benefit Plan. (Klein, Elise)
May 7, 2015 Filing 1434 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by defendant Medco Health Solutions, Inc.. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Butler, Mark)
May 7, 2015 Filing 1433 STATUS REPORT re Production of Plan Docs filed by Defendant Medco Health Solutions, Inc.. (Butler, Mark)
May 7, 2015 Filing 1432 STATUS REPORT Updated Status Report on Plan Documents filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kumagai, Susan)
May 7, 2015 Filing 1431 JOINDER in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kumagai, Susan)
May 7, 2015 Filing 1430 NOTICE OF MOTION AND MOTION for Joinder in MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses #1426 filed by Defendants Actavis Health and Welfare Plan, Actavis Inc, Avon Products Inc., Avon Products Inc. Medical Plan for Active Employees, McMaster-Carr Supply Company, McMaster-Carr Supply Company Group Insurance Program, PSC Environmental Services, LLC, PSC, LLC Group Welfare Benefits Plan, Tech Data Corporation, Tech Data Corporation Employee Welfare Benefits Plan, U.S. Nursing Corporation, US Nursing Corp. Employee Benefit Plan. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Berg, Lindsey)
May 6, 2015 Opinion or Order Filing 1429 ORDER UPON STIPULATION TO DISMISS PERKINS & MARIE CALLENDER'S, LLC by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED that defendant PERKINS & MARIE CALLENDER'S, LLC is dismissed from this action without prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and PERKINS & MARIE CALLENDER'S, LLC, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. IT IS SO ORDERED. (jloz)
May 6, 2015 Filing 1428 STIPULATION to Dismiss defendant Perkins & Marie Callender's LLC filed by plaintiffs Almont Ambulatory Surgery Center LLC, Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
May 5, 2015 Opinion or Order Filing 1427 ORDER by Judge Michael W. Fitzgerald: The Stipulation to Dismiss Party #1405 is GRANTED. Union PacifIc Railroad Employees Health Systems and Union Pacific Railroad Company are dismissed from this action with prejudice; each party shall bear their own attorneys' fees and costs. IT IS SO ORDERED. (parties terminated) (cw)
May 4, 2015 Filing 1426 NOTICE OF MOTION AND MOTION for Order for Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses filed by Defendants/Counterclaim Plaintiffs Optuminsight Inc., United HealthCare Services Inc., UnitedHealth Group Inc, UnitedHealthCare Insurance Company. Motion set for hearing on 6/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum in Support of Motion for Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses, #2 Declaration of Kirsten E. Schubert in Support of Defendants' and Counter-Claimants' Motion for Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses, #3 Declaration of Stephen P. Lucke in Support of Defendants' and Counter-Claimants' Motion for Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses, #4 Proposed Order Granting Defendants' and Counter-Claimants' Motion for Order Enjoining Requests for and use of Purported Assignments from, and for Corrective Communications to, Third-Party Patient Witnesses)(Westerfeld, Bryan)
May 4, 2015 Filing 1425 STATUS REPORT Further Status Report filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
April 29, 2015 Opinion or Order Filing 1424 ORDER Upon Stipulation to Dismiss #1422 by Judge Michael W. Fitzgerald that defendants STRYKER CORPORATION and STRYKER CORPORATION WELFARE BENEFITS PLAN are dismissed from this action without prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and STRYKER CORPORATION and STRYKER CORPORATION WELFARE BENEFITS PLAN, on the other hand, shall bear their own attorneys fees and costs in this matter. (jp)
April 28, 2015 Filing 1423 STATUS REPORT filed by Defendant Saddle Creek Corporation. (Moriarty, Christopher)
April 28, 2015 Filing 1422 STIPULATION to Dismiss defendants Stryker Corporation, Stryker Corporation Welfare Benefits Plan filed by plaintiffs Almont Ambulatory Surgery Center LLC, Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
April 27, 2015 Filing 1421 STATUS REPORT filed by Defendant Medco Health Solutions, Inc. Welfare Benefit Plan. (Butler, Mark)
April 22, 2015 Filing 1420 STATUS REPORT of Defendants Central Parking Corporation and Central Parking System Health and Welfare Plan re Submission of Plan Documents filed by Defendants Central Parking System, Central Parking System Health and Welfare Plan. (Ernster, Shannon)
April 22, 2015 Filing 1419 STATUS REPORT UPDATED filed by Defendants Aegon Companies Medical Plan, Aegon USA LLC. (Faucher, Joseph)
April 22, 2015 Opinion or Order Filing 1418 MINUTE IN CHAMBERS ORDER RE STATUS REPORT AND SECOND AMENDED COMPLAINT DEADLINES by Judge Michael W. Fitzgerald: By 5/11/2015 Plaintiffs and Defendants will submit a Joint Status Report. The parties will continue to file an updated joint report every three weeks thereafter. Also by 5/11/2015, Plaintiffs and Defendants will submit a joint proposal asto a briefing schedule for motions to dismiss the SAC. This joint proposal will include a proposal as to how any arguments regarding specific plan terms will be addressed. By 6/1/2015, Plaintiffs will file their SAC. (jp)
April 22, 2015 Opinion or Order Filing 1417 MINUTE IN CHAMBERS ORDER RE JOINDERS by Judge Michael W. Fitzgerald: The following Joinders were inadvertently omitted from the docket numbers referenced in the title of the Court's Order Granting Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Amended Complaint (Docket No. 1396) (the "Omnibus Order"): Docket No. 1195, Docket No. 1362, Docket No. 1375. The Court hereby notes this error and orders that its Omnibus Order shall also include these Joinders. (jp)
April 21, 2015 Filing 1416 STATUS REPORT filed by Defendants Reyes Holdings, LLC, The Reyes Holdings Flexible Benefits Plan. (Lehman, Heather)
April 21, 2015 Filing 1415 STATUS REPORT filed by Defendants Stryker Corporation, Stryker Corporation Welfare Benefits Plan. (Lehman, Heather)
April 21, 2015 Filing 1414 STATUS REPORT filed by Defendants BMW of North America LLC, BMW of North America LLC Health and Welfare Plans. (Wan, Karen)
April 20, 2015 Filing 1413 STATUS REPORT of Defendants The Servicemaster Company, LLC and The Servicemaster Health & Welfare Benefits Plan filed by Defendants The ServiceMaster Company, LLC, The ServiceMaster Health & Welfare Benefits Plan. (Ernster, Shannon)
April 15, 2015 Filing 1412 Notice of Appearance or Withdrawal of Counsel: for attorney Nancy E Yaffe counsel for Defendants Epson America Inc. Group Plan, Epson America, Inc.. Nancy Yaffe and Jesse Koppin will no longer receive service of documents from the Clerks Office for the reason indicated in the G-123 Notice. Filed by Defendants Epson America, Inc. and Epson America, Inc. Group Plan. (Yaffe, Nancy)
April 14, 2015 Filing 1411 Amended NOTICE of Interested Parties filed by Defendants Petsmart Smartchoices Benefit Plan, Petsmart, Inc., identifying Argos Merger Sub Inc., Argos Holdings Inc., BC Partners, Inc., La Caisse de depot et placement du Quebec, affiliates of GIC Special Investments Pte Ltd, affiliates of StepStone Group LP and Longview Asset Management, LLC. (Diller, Nicole)
April 14, 2015 Filing 1410 STATUS REPORT filed by Defendants HD Supply Health and Welfare Program, HD Supply, Inc.. (Grasu, Vickie)
April 14, 2015 Filing 1409 STATUS REPORT filed by Defendant Edison International Welfare Benefit Plan Number Two. (Eastus, Matthew)
April 14, 2015 Filing 1408 STATUS REPORT of Onward Healthcare, Inc. and Onward Healthcare, Inc. Health and Welfare Plan re Submission of Plan Documents filed by Defendants Onward Healthcare, Inc., Onward Healthcare, Inc. Health and Welfare Plan. (Ernster, Shannon)
April 14, 2015 Filing 1407 STATUS REPORT of Defendants Nursefinders, LLC and AMN Healthcare Inc. Health Insurance Plan Re Submission of Plan Documents filed by Defendants Nursefinders, Inc., Nursefinders, LLC. (Ernster, Shannon)
April 13, 2015 Filing 1406 STATUS REPORT filed by Defendants Bausch & Lomb Comprehensive Medical Plan, Bausch & Lomb Incorporated, The Guardian High Deductible Health Plan Through UnitedHealthcare Home Office, The Guardian Life Insurance Company of America, Valeant Pharmaceuticals Internatinal Group Welfare Plan, Valeant Pharmaceuticals International. (Gonzalez, Jason)
April 13, 2015 Filing 1405 STIPULATION to Dismiss defendants Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company filed by plaintiffs Almont Ambulatory Surgery Center LLC, Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Attorney Eric David Chan added to party Almont Ambulatory Surgery Center, LLC(pty:bkmov), Attorney Eric David Chan added to party Almont Ambulatory Surgery Center, LLC(pty:bkmov))(Chan, Eric)
April 13, 2015 Filing 1404 STATUS REPORT filed by Defendant Saddle Creek Corporation. (Moriarty, Christopher)
April 13, 2015 Filing 1403 STATUS REPORT filed by Defendants Aegon Companies Medical Plan, Aegon USA LLC. (Faucher, Joseph)
April 11, 2015 Filing 1402 STATUS REPORT filed by Defendants APL Limited, Amplan, The Amtrak Union Benefits Plan, Commscope Welfare Benefit Plan, Commscope, Inc. of North Carolina, Crowley Holdings Inc, Crowley Holdings, Inc. Welfare Health Life & Accidental Death & Dismemberment Plans, GAP Inc. Health and Life Plan, Gap, Inc., Global Mail, Inc., Global Mail, Inc. Welfare Plan, Hewlett-Packard Company, Hewlett-Packard Company Health Maintenance Organization Program, Interstate Hotels & Resorts Benefits Program, Interstate Hotels & Resorts, Inc., Maersk Inc. Active NonUnion Health and Welfare Plan, Maersk, Inc., National Railroad Passenger Corporation, National Railroad Passenger Corporation Choiceplus Cafetiria Plan, Payless Shoesource, Inc., Payless Shoesource, Inc. Medical Plan, Pentair, Inc., Pentair, Inc. Active Employee Welfare Plan, Petsmart Smartchoices Benefit Plan, Petsmart, Inc., Shell Oil Company, Shell Oil Company Comprehensive Welfare Benefits Plan, Tribune Company, Tribune Company Benefit Program, Welfare Plan for Employees of APL Limited. (Diller, Nicole)
April 10, 2015 Filing 1401 STATUS REPORT filed by Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan, Santander Consumer USA Inc. Welfare Benefit Plan, Santander Consumer USA, Inc.. (Clark, Shauna)
April 10, 2015 Filing 1400 STATUS REPORT filed by Defendants Hugo Boss USA Inc. Wrap Welfare Benefits Plan, Hugo Boss USA, Inc.. (Baker, James)
April 10, 2015 Filing 1399 STATUS REPORT filed by Defendant Wells Fargo & Company. (Kravitz, Ronald)
April 10, 2015 Filing 1398 STATUS REPORT BY PLAINTIFFS AND JOINTLY REPRESENTED DEFENDANTS filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order submitted by Plaintiffs, #2 Proposed Order submitted by Jointly Represented Defendants)(Tooch, Daron)
April 10, 2015 Opinion or Order Filing 1397 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART UNITED DEFENDANTS' MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT UNDER FED. R. CIV. AND 12(B)(6), OR IN THE ALTERNATIVE MOTION TO STAY #1061 by Judge Michael W. Fitzgerald: Based on the ruling on the Omnibus Motion, the Motion as to Counts I, III, and VI is GRANTED with leave to amend. The United Motion is GRANTED with leave to amend as to Counts II, IV, V, VII, and VIII. At present, the Court DENIES Uniteds request for a stay. To the extent leave to amend is granted, the Court will issue a subsequent Order (based upon the recommendations of the parties in the statement they will file on 4/10/2015) setting a timeline for the filing of a Second Amended Complaint. See document for details. Court Reporter: Not Reported. (gk)
April 10, 2015 Opinion or Order Filing 1396 MINUTES (IN CHAMBERS): ORDER GRANTING EMPLOYER AND PLAN DEFENDANTS' OMNIBUS MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT UNDER FED. R. CIV. P. 12(B)(6), AS WELL AS 12(B)(2), (4), AND (5), 20(A) AND 28 U.S.C. 1404(A) #1062 , #1070 , #1071 , #1072 , #1075 , #1077 , #1078 , #1080 , #1081 , #1082 , #1083 , #1084 , #1085 , #1086 , #1088 , #1089 , #1090 , #1091 , #1092 , #1093 , #1094 , #1095 , #1096 , #1097 , #1098 , #1100 , #1101 , #1105 , #1106 , #1107 , #1108 , #1109 , #1110 , #1112 , #1113 , #1114 , #1115 , #1116 , #1117 , #1118 , #1119 , #1121 , #1123 , #1124 , #1128 , #1130 , #1131 , #1132 , #1133 , #1134 , #1135 , #1136 , #1137 , #1138 , #1139 , #1140 , #1141 , #1142 , #1144 , #1145 , #1146 , #1147 , #1149 , #1152 , #1154 , #1155 , #1156 , #1157 , #1159 , #1160 , #1161 , #1162 , #1163 , #1164 , #1165 , #1168 , #1182 , #1203 , #1298 , #1377 , #1378 by Judge Michael W. Fitzgerald: The Omnibus Motion with respect to Count I is GRANTED with leave to amend. The Omnibus Motion as to Counts II, III, V, VI, and VII is GRANTED with leave to amend. The Omnibus Motion as to Count VIII is GRANTED with leave to amend. Finally, the Omnibus Motion as to Count IX is GRANTED with leave to amend. To the extent leave to amend is granted, the Court will issue a subsequent Order (based upon the recommendations of the parties in the statement they will file on 4/10/2015) setting a timeline for the filing of a Second Amended Complaint. See document for details. Court Reporter: Not Reported. (gk)
April 10, 2015 Filing 1395 STATUS REPORT filed by Defendants Aera Energy Services Company, Aera Energy Services Company Medical Benefits Plan. (Jamison, Daniel)
April 10, 2015 Filing 1394 STATUS REPORT filed by Defendants Sedgwick Claims Management Services, Inc., Sedgwick Claims Management Services. Welfare Benefit Plan, Wal-Mart Stores, Inc., Wal-Mart Stores, Inc. Associates Health and Welfare Plan. (Howard, J)
April 10, 2015 Opinion or Order Filing 1393 MINUTES (IN CHAMBERS): ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS BAKER HUGHES INC. AND BAKER HUGHES INC. WELFARE BENEFITS PLAN'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6) by Judge Michael W. Fitzgerald: The Court GRANTS IN PART AND DENIES IN PART Defendants Baker Hughes Inc. and Baker Hughes Inc. Welfare Benefits Plan's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #728 . The Baker Hughes Motion is DENIED to the extent it seeks to invalidate Plaintiffs' standing on the basis of an alleged anti-assignment clause. The Baker Hughes Motion with respect to Count I is GRANTED with leave to amend. Similarly, the Baker Hughes Motion as to Counts II, III, and VII is GRANTED with leave to amend. To the extent leave to amend is granted, the Court will issue a subsequent Order (based upon the recommendations of the parties in the statement they will file on 4/10/2015) setting a timeline for the filing of a Second Amended Complaint. Court Reporter: Not Reported. (gk)
April 10, 2015 Opinion or Order Filing 1392 MINUTES (IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER ALL CLAIMS AGAINST DEFENDANTS AEGON USA, LLC, AND AEGON COMPANIES FLEXIBLE BENEFITS PLAN AND THREE-PAGE MOTION TO DISMISS OR IN THE ALTERNATIVE TO TRANSFER ALL CLAIMS AGAINST DEFENDANT AEGON COMPANIES MEDICAL PLAN AND SUPPORTING MEMORANDUM by Judge Michael W. Fitzgerald: The Court read and considered the papers on the Aegon Motion #489 and Aegon Supplemental Memorandum #1066 , and held a hearing on 4/1/2015. For the reasons stated below, the Court GRANTS IN PART AND DENIES IN PART the Aegon Motion and Aegon Supplemental Memorandum. Court Reporter: Not Reported. (gk)
April 10, 2015 Filing 1391 STATUS REPORT filed by Defendants Perkins & Marie Callender's LLC, Perkins Flexible Benefits Plan. (Devitt, Tamara)
April 10, 2015 Filing 1390 STATUS REPORT filed by Defendants Sodexo, Inc., Sodexo, Inc. Medical Benefits Plan. (Badgett, Melissa)
April 10, 2015 Filing 1389 STATUS REPORT filed by Defendants Allstate Cafeteria Plan, Allstate Insurance Company. (Kimura, Rebecca)
April 10, 2015 Filing 1388 STATUS REPORT filed by Defendants GlaxoSmithKline Health and Welfare Benefits Plan for US Employees, GlaxoSmithKline, LLC. (Birenbaum, Charles)
April 10, 2015 Filing 1387 STATUS REPORT by Certain Defendants* filed by Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Accor North America Inc. Group Insurance Plan, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, Medegen Welfare Benefit Plan, Medegen, Inc., OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion Employee Benefit Plan, Old Dominion Freight Line, Inc., Probuild Holdings, Inc., Probuild Holdings, Inc. Welfare Benefit Plan, Sally Beauty Holdings Inc. Health and Welfare Plan, Sally Beauty Holdings, Inc., The Brinks Company Comprehensive Health and Welfare Plan, The Hain Celestial Group, Inc., The Hain Celestial Group, Inc. Benefits Plan, Tire Centers, LLC, Tire Centers, LLC Employee Benefit Plan, Union Pacifc Railroad Employees Health Systems, Union Pacific Railroad Company. (Nalty, Sean)
April 10, 2015 Filing 1386 STATUS REPORT filed by Defendant Ensign United States Drilling, Inc.. (Pearson, Jerry)
April 6, 2015 Opinion or Order Filing 1385 ORDER DISMISSING CERTAIN DEFENDANTS by Judge Michael W. Fitzgerald: Upon Stipulation #1384 , IS HEREBY ORDERED that Defendants Adelson, Testan, Brundo, Novell & Jin1enez P.C., Adelson, Testan, Brundo, Novell & Jimenez P.C. Group Insurance Plan, Sutherland Healthcare Solutions, Inc. f/k/a Apollo Healtl1 Street, Inc., Sutherland Healthcare Solutions, Inc. Welfare Benefit Plan f/k/a Apollo Health Street, Inc. Welfare Benefit Plan, Ferragamo USA Inc., and Ferragamo USA Inc. Plan are dismissed without prejudice. (gk)
April 3, 2015 Filing 1384 Joint STIPULATION for Order to Dismiss Certain Defendants filed by Defendant UnitedHealth Group Inc. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
April 1, 2015 Filing 1383 MINUTES OF Motion Hearing #728 #1061 held before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel state their appearance. The Court hears oral argument from counsel and takes the motions under submission. An order will issue. The Court orders counsel to file a Status Report, no later than April 10, 2015. Court Reporter: Rosalyn Adams. (jloz)
March 30, 2015 Opinion or Order Filing 1382 MINUTES (In Chambers): [TENTATIVE] ORDER GRANTING IN PART AND DENYING IN PART Defendants Baker Hughes Inc., and Baker Hughes Inc., Welfare Benefits Plan's Motion to Dismiss Pursuant to FRCP 12(B)(6) #728 by Judge Michael W. Fitzgerald: Baker Hughes Motion as to Claim II, Claim III, and Claim VII is GRANTED with leave to amend. (jp)
March 30, 2015 Opinion or Order Filing 1381 MINUTES (In Chambers): [TENTATIVE] ORDER GRANTING IN PARTAND DENYING IN PART Motion to Dismiss or in the alternative to Transfer all caoms against defendant Aegon USA, LLC and Aecon Companies Flexible Benefits Plan #489 and Three-Page Motion to Dismiss or in the Alternative to Transfer All Claims against defendant Aegon Companies Medical Plan and Supporting Memorandum #1066 by Judge Michael W. Fitzgerald: The Aegon Motion and Aegon Supplemental Memorandum are DENIED to the extent they request a transfer of venue and seek to invalidate Plaintiffs' standing on the basis of an anti-assignment clause. However, the Aegon Motion and Supplemental Memorandum are GRANTED with leave to amend as to dismissal of Plaintiffs Claim for penalties pursuant to ERISA 502(c) (Claim VII). (jp)
March 30, 2015 Opinion or Order Filing 1380 MINUTES (In Chambers): [TENTATIVE] ORDER GRANTING IN PARTAND DENYING IN PART United Defendants' Motion to Dismiss Plaintiffs Amended Complaint Under FRCP 12(B)(6), or in the alternative Motion to Stay #1061 by Judge Michael W. Fitzgerald: The United Motion is GRANTED with leave to amend as to Claims II, V, VII, and VIII. Based on the ruling on the Omnibus Motion, the Motion as to Claims I, III, and VI is also GRANTED with leave to amend. The Court DENIES United's request for a stay. (jp)
March 30, 2015 Opinion or Order Filing 1379 MINUTE IN CHAMBERS [TENTATIVE] ORDER GRANTING Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs Amended Complaint under FRCP 12(B)(6), as Well as 12(B)(2), (4), and (5), 20(A) AND 28 usdc SECTION 1404(a) #102 by Judge Michael W. Fitzgerald (see attachment Minute Order for further details). The purpose of this tentative decision is solely to assist counsel at the hearing. It will not be permanently entered on the docket and will be entirely superseded by the final order. This tentative decision should never be cited in this or any other case. (jp)
March 30, 2015 Filing 1378 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6), as well as 12(b)(2). (4),and (5), 20(a) and 28 U.S.C. 1404 (a) #1062 , Reply (Motion related), #1216 filed by Defendant BWAY Corporation, BWAY Corporation Comprehensive Medical Plan, Thermo Fisher Scientific Inc. Group Insurance Plan, Thermo Fisher Scientific, Inc.. Motion set for hearing on 4/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Michelle S Grant added to party BWAY Corporation(pty:dft), Attorney Michelle S Grant added to party BWAY Corporation(pty:dft), Attorney Michelle S Grant added to party BWAY Corporation Comprehensive Medical Plan(pty:dft), Attorney Michelle S Grant added to party BWAY Corporation Comprehensive Medical Plan(pty:dft), Attorney Michelle S Grant added to party Thermo Fisher Scientific Inc. Group Insurance Plan(pty:dft), Attorney Michelle S Grant added to party Thermo Fisher Scientific Inc. Group Insurance Plan(pty:dft), Attorney Michelle S Grant added to party Thermo Fisher Scientific, Inc.(pty:dft), Attorney Michelle S Grant added to party Thermo Fisher Scientific, Inc.(pty:dft))(Grant, Michelle)
March 24, 2015 Filing 1377 NOTICE OF MOTION AND MOTION for Joinder in MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6), as well as 12(b)(2). (4),and (5), 20(a) and 28 U.S.C. 1404 (a) #1062 , Reply (Motion related), #1216 filed by Defendant Adelson, Teston, Brundo, Novell & Jimenez P.C., Apollo Health Street Inc, Apollo Health Street Welfare Benefit Plan, Ferragamo USA, Inc.(a New York corporation), Ferragamo USA, Inc., Northrop Grumman Corporation Group Benefits Plan, Northrup Grumman Corporation, Systems Application & Technologies, Inc., Systems Application and Technologies, Inc. Health and Welfare Plan. Motion set for hearing on 4/1/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Michelle S Grant added to party Adelson, Teston, Brundo, Novell & Jimenez P.C.(pty:dft), Attorney Michelle S Grant added to party Adelson, Teston, Brundo, Novell & Jimenez P.C.(pty:dft), Attorney Michelle S Grant added to party Apollo Health Street Inc(pty:dft), Attorney Michelle S Grant added to party Apollo Health Street Inc(pty:dft), Attorney Michelle S Grant added to party Apollo Health Street Welfare Benefit Plan(pty:dft), Attorney Michelle S Grant added to party Apollo Health Street Welfare Benefit Plan(pty:dft), Attorney Michelle S Grant added to party Ferragamo USA, Inc.(pty:dft), Attorney Michelle S Grant added to party Ferragamo USA, Inc.(pty:dft), Attorney Michelle S Grant added to party Ferragamo USA, Inc.(pty:dft), Attorney Michelle S Grant added to party Ferragamo USA, Inc.(pty:dft), Attorney Michelle S Grant added to party Northrop Grumman Corporation Group Benefits Plan(pty:dft), Attorney Michelle S Grant added to party Northrop Grumman Corporation Group Benefits Plan(pty:dft), Attorney Michelle S Grant added to party Northrup Grumman Corporation(pty:dft), Attorney Michelle S Grant added to party Northrup Grumman Corporation(pty:dft), Attorney Michelle S Grant added to party Systems Application & Technologies, Inc.(pty:dft), Attorney Michelle S Grant added to party Systems Application & Technologies, Inc.(pty:dft), Attorney Michelle S Grant added to party Systems Application and Technologies, Inc. Health and Welfare Plan(pty:dft), Attorney Michelle S Grant added to party Systems Application and Technologies, Inc. Health and Welfare Plan(pty:dft))(Grant, Michelle)
March 23, 2015 Filing 1376 NOTICE of Interested Parties filed by Defendants Onward Healthcare, Inc., Onward Healthcare, Inc. Health and Welfare Plan, identifying Defendants Onward Healthcare, Inc. and Onward healthcare, Inc. Health and Welfare Plan; AMN Healthcare, Inc. - Parent Company of Onward Healthcare, Inc.; Third Party Federal Insurance company; Defendants UnitedHealth Group Inc., United Healthcare Services, Inc., United Healthcare Insurance Company; and Plaintiff New Life Surgery Center LLC dba Beverly Hills Surgery Center. (Attorney Shannon Lissa Ernster added to party Onward Healthcare, Inc.(pty:dft), Attorney Shannon Lissa Ernster added to party Onward Healthcare, Inc. Health and Welfare Plan(pty:dft))(Ernster, Shannon)
March 23, 2015 Filing 1375 NOTICE filed by Defendants Onward Healthcare, Inc., Onward Healthcare, Inc. Health and Welfare Plan. of Joinder and Joinder in Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Amended Complaint (Ernster, Shannon)
March 20, 2015 Filing 1374 NOTICE of Change of address by Elise D Klein attorney for Defendant Whirlpool Corporation. Changing attorneys address to 633 West 5th Street, Suite 4000, Los Angeles, CA 90071. Filed by Defendant Whirlpool Corporation. (Klein, Elise)
March 10, 2015 Filing 1373 NOTICE of Change of Attorney Business or Contact Information: for attorney Christopher Louis Moriarty counsel for Defendants Saddle Creek Corp. Group Insurance and Flexible Benefit Plan, Saddle Creek Corporation. Changing Firm Name to Constangy, Brooks, Smith & Prophete, LLP. Filed by Defendants Saddle Creek Corporation, Saddle Creek Corporation Group Insurance and Flexible Benefits, Fugate Aviation, Inc., and Fugate Enterprises Employee Welfare Benefit Plan. (Moriarty, Christopher)
March 4, 2015 Opinion or Order Filing 1372 ORDER by Judge Michael W. Fitzgerald, re Stipulation to Dismiss Party #1370 . IT IS HEREBY ORDERED that defendants MAKO SURGICAL CORP and MAKO SURGICAL CORP HEALTH AND WELFARE BENEFIT PLAN are dismissed from this action without prejudice. IT IS FURTHER ORDERED that Plaintiffs, on the one hand, and MAKO SURGICAL CORP. and MAKO SURGICAL CORP. HEALTH AND WELFARE BENEFIT PLAN, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. IT IS SO ORDERED. (jloz)
March 4, 2015 Opinion or Order Filing 1371 ORDER by Judge Michael W. Fitzgerald, re Stipulation to Dismiss Party #1369 . Devry Inc. Welfare Benefit Plan and Devry, Inc. (a Delaware corporation) terminated. (jloz)
March 3, 2015 Filing 1370 STIPULATION to Dismiss Defendants MAKO Surgical Corp., Mako Surgical Corp Health and Welfare Plan filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
March 2, 2015 Filing 1369 STIPULATION to Dismiss Defendants Devry Inc. Welfare Benefit Plan, Devry, Inc. filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
February 26, 2015 Opinion or Order Filing 1368 ORDER Upon Stipulation to Continue Hearing on Defendants' Motions to Dismiss #1367 by Judge Michael W. Fitzgerald that the hearing on Defendants' Motions to Dismiss Plaintiffs' First Amended Complaint is continued from 3/25/2015 at 10:00 AM., until 4/1/2015 at 10:00 AM. (jp)
February 26, 2015 Filing 1367 STIPULATION to Continue HEARING ON DEFENDANTS' MOTIONS TO DISMISS from March 25, 2015 to April 1, 2015 Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Hearing, #1358 filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
February 12, 2015 Opinion or Order Filing 1366 ORDER by Judge Michael W. Fitzgerald: The Stipulation to Dismiss Electrograph Systems, Inc. and Electrograph Systems Health and Welfare Plan #1365 is GRANTED, without prejudice, each party to bear their own attorneys' fees and costs. IT IS SO ORDERED. (cw)
February 10, 2015 Filing 1365 STIPULATION to Dismiss Defendants Electrograph Systems Health and Welfare Plan, Electrograph Systems, Inc. filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
January 30, 2015 Opinion or Order Filing 1364 ORDER Upon Stipulation to Dismiss Party #1363 by Judge Michael W. Fitzgerald, that defendants The Arora Group, Inc. Medical and Prescription Drug Plan are DISMISSED from this action. FURTHER ORDERD that Plaintiffs, on the one hand, and The Arora Group, Inc., and The Arora Group, Inc., Medical and Prescription Drug Plan, on other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (jp)
January 29, 2015 Filing 1363 STIPULATION to Dismiss Defendants The Arora Group, Inc., The Arora Group, Inc. Medical and Prescription Drug Plan filed by Plaintiff and Counter-Defendant Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order)(Chan, Eric)
January 29, 2015 Filing 1362 JOINDER in MOTION to Dismiss Amended Complaint Under Fed. R. Civ. P. 12(b)(6), as well as 12(b)(2). (4),and (5), 20(a) and 28 U.S.C. 1404 (a) #1062 /Defendant BNSF Railway Company's Notice of Joinder and Joinder in Motion of Employer and Plan Defendants' Omnibus Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendant BNSF Railway Company. (Attorney Nicole Elizabeth Wurscher added to party BNSF Railway Company(pty:dft), Attorney Nicole Elizabeth Wurscher added to party BNSF Railway Company(pty:dft))(Wurscher, Nicole)
January 28, 2015 Filing 1361 NOTICE of Change of Attorney Business or Contact Information: for attorney Shauna Johnson Clark counsel for Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan. Changing Firm Name to Norton Rose Fulbright US LLP. Filed by Defendants Baker Hughes, Inc. and Baker Hughes Inc. Welfare Benefits Plan. (Clark, Shauna)
January 27, 2015 Filing 1360 NOTICE of Change of Attorney Business or Contact Information: for attorney Arthur F. Silbergeld counsel for Defendants Baker Hughes Incorporated, Baker Hughes Incorporated Welfare Benefits Plan. Changing Firm Name to Norton Rose Fulbright US LLP. Filed by Defendants Baker Hughes, Inc. and Baker Hughes Inc. Welfare Benefits Plan. (Silbergeld, Arthur)
January 23, 2015 Filing 1359 NOTICE OF DISMISSAL filed by Plaintiff and Counter-Defendant Almont Ambulatory Surgery Center LLC pursuant to FRCP 41a(1) ONLY as to Hoffman-La Roche, Inc., Medical Plan of Hoffman-La Roche Inc.. (Tooch, Daron)
January 22, 2015 Opinion or Order Filing 1358 (IN CHAMBERS) ORDER SCHEDULING HEARING FOR DEFENDANTS' MOTIONS TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT by Judge Michael W. Fitzgerald: The hearing on the legal issues raised in the pending Motions will take place on March 25, 2015 at 10:00 a.m. IT IS SO ORDERED. (jloz)
January 2, 2015 Opinion or Order Filing 1357 ORDER Upon Stipulation to Dismiss Epson American, Inc., and Epson America Inc., Group Plan With Prejudice #1353 by Judge Michael W. Fitzgerald that defendants Epson American, Inc., and Epson America Inc., Group Plan are DISMISSED from this action with prejudice. FURTHER ORDERED that Plaintiffs, on the one hand, and Epson American, Inc., and Epson America Inc., Group Plan, on the other hand, shall bear their own attorneys' fees and costs as to one another in this matter. (jp)
December 31, 2014 Filing 1356 NOTICE OF FILING TRANSCRIPT filed for proceedings 12-10-14, 10:16 AM re Transcript #1355 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Adams, Rosalyn) TEXT ONLY ENTRY
December 31, 2014 Filing 1355 TRANSCRIPT for proceedings held on 12-10-14, 10:16 AM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number rosalyn.adams494@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/21/2015. Redacted Transcript Deadline set for 1/31/2015. Release of Transcript Restriction set for 3/31/2015. (Adams, Rosalyn)
December 30, 2014 Opinion or Order Filing 1354 ORDER DISMISSING CERTAIN DEFENDANTS #1352 by Judge Michael W. Fitzgerald. (See attachment Order for further details). (jp)
December 29, 2014 Filing 1353 STIPULATION to Dismiss Defendants Epson America Inc. Group Plan, Epson America, Inc. filed by Plaintiff Almont Ambulatory Surgery Center LLC. (Attachments: #1 Proposed Order on Stipulation)(Tooch, Daron)
December 23, 2014 Filing 1352 Joint STIPULATION to Dismiss Defendants ADP Totalsource Inc, ADP Totalsource Inc. Health and Welfare Plan, All American Containers Inc, All American Containers Inc. Welfare Benefit Plan, Alpha Mechanical Heating & Air Conditioning Inc. Health Insurance Plan, Alpha Mechanical Inc, American Building Supply Inc, American Building Supply, Inc. Employees Benefit Plan, Apartment Management Consultants Benefits Plan, Apartment Management Consultants LLC, Ardent Services LLC, Ardent Services, LLC Medical Plan, Auction.com Employee Benefit Plan, Auction.com LLC, Bayside Management Company LLC, Bayside Management CompanyLLC Employee Benefit Plan, Best Medical International Benefit Plan, Best Medical International Inc, Biomed Realty L.P., Biomed Realty L.P. Welfare Benefits Plan, Biomed Realty LP, Biomed Realty, LP Welfare Benefits Plan, Boat America Corporation, Boat U.S. Health Plan, Bright Horizons Children's Centers LLC, Bright Horizons Flexible Benefit Plan, Build-A-Bear Workshop Inc, Build-A-Bear Workshop Inc. Welfare Benefit Plan, CCSA Employee Benefit Welfare Trust c/o BRMS, CDI Group Welfare Plan, California Charter Schools Association, Cbeyond Communications Health and Welfare Plan, Cbeyond Communications LLC, Discovery Communications Welfare Benefit Plan, Discovery Communications, LLC, Express Messenger Systems, Inc., Express Messenger Systems, Inc.(a Delaware corporation), GF Health Products Inc., GF Health Products, Inc., Georg Fischer Employee Benefit Plan, Georg Fischer Signet, LLC, Hotels AB, LLC, IMortgage.com, Inc. Cafeteria Plan, IMortgage.com. Inc., Ingram Micro Inc. Health & Welfare Plan, Ingram Micro, Inc., Insperity Group Health Plan, Insperity Holdings, Inc., Inter-Rail Transport, Inc., Inter-Rail, Inc. Employee Health Plan, Intercare Holdings, Inc., Intercare Holdings, Inc. Health & Welfare Plan, Jackson Lewis LLP Welfare Plan, Jackson Lewis, LLP, Kelly Mitchell Group Inc. Medical Plan, Kelly Mitchell Group, Inc., Larson-Juhl US LLC Welfare Plan, Larson-Juhl US, LLC, Medical Specialties Distributors, LLC, Medical Specialties Distributors, LLC Group Benefit Plan, Mocean Health and Welfare Benefits Plan, Mocean, LLC, Monavie, LLC, Monavie, LLC Fringe Benefit Plan, Mountain Valley Express Co. Inc. Welfare Benefit Plan, Mountain Valley Express Co., Inc., Myriad Genetics, Inc., Myriad Genetics, Inc. Welfare Benefit Plan, NRC Payroll Management Health and Welfare Plan, NRC Payroll Management, LLC, National Captioning Institute, Inc., National Captioning Institute, Inc. Health & Welfare Benefits Plan, NetApp, Inc., NetApp, Inc. Group Health Plan, PSI Services LLC, PSI Services, LLC Health and Welfare Benefits Plan, Platinum Home Mortgage Corporation(an Illinois corporation), Platinum Home Mortgage Corporation, Polyair Corporation, Polyair Corporation Flexible Benefits Plan, Prada USA Corp., Prada USA Corporation Welfare Benefit Plan, Precyse Solutions, Inc., QBE First Group Health and Welfare Plan, QBE First Insurance Agency, Inc., S & A Computer Services, Inc., S and A Computer Services Welfare Benefit Plan, Seasons Hospice & Palliative Care of California, Inc., Seasons Hospice Flexible Benefit Plan, Station Casinos, Inc., Station Casinos, Inc. Employee Benefit Plan, Sunstate Equipment Co. LLC Employee Benefit Plan, Sunstate Equipment Co., LLC, The BMS Enterprises Inc, The BMS Enterprises Inc. Plan, The Standard/Hotels AB Welfare Benefit Plan, The Steritech Group, Inc., The Steritech Group, Inc. Cafeteria Plan, Tucker Ellis & West LLP Welfare Benefit Plan, Tucker Ellis, LLP, U.S. Auto Parts Network, Inc., UPM Raflatac, Inc., UPM-Raflatac, Inc. Health and Welfare Benefit Plan, US Auto Parts Network Inc. Health and Welfare Benefit Plan, Urban Decay Cosmetics Health and Welfare Plan, Urban Decay Cosmetics, LLC, Via Technologies, Inc., Via Technologies, Inc. Health and Welfare Plan, Westways Staffing Services Health Plan, Westways Staffing Services, Inc., Wynright Corporation, Wynright Welfare Benefit Plan filed by Defendants ADP Totalsource Inc, ADP Totalsource Inc. Health and Welfare Plan, All American Containers Inc, All American Containers Inc. Welfare Benefit Plan, Alpha Mechanical Heating & Air Conditioning Inc. Health Insurance Plan, Alpha Mechanical Inc, American Building Supply Inc, American Building Supply, Inc. Employees Benefit Plan, Apartment Management Consultants Benefits Plan, Apartment Management Consultants LLC, Ardent Services LLC, Ardent Services, LLC Medical Plan, Auction.com Employee Benefit Plan, Auction.com LLC, Bayside Management Company LLC, Bayside Management CompanyLLC Employee Benefit Plan, Best Medical International Benefit Plan, Best Medical International Inc, Biomed Realty L.P., Biomed Realty L.P. Welfare Benefits Plan, Biomed Realty LP, Biomed Realty, LP Welfare Benefits Plan, Boat America Corporation, Boat U.S. Health Plan, Bright Horizons Children's Centers LLC, Bright Horizons Flexible Benefit Plan, Build-A-Bear Workshop Inc, Build-A-Bear Workshop Inc. Welfare Benefit Plan, CCSA Employee Benefit Welfare Trust c/o BRMS, CDI Group Welfare Plan, California Charter Schools Association, Cbeyond Communications Health and Welfare Plan, Cbeyond Communications LLC, Child Development Incorporated, Discovery Communications Welfare Benefit Plan, Discovery Communications, LLC, Express Messenger Systems, Inc., Express Messenger Systems, Inc.(a Delaware corporation), GF Health Products Inc., GF Health Products, Inc., Georg Fischer Employee Benefit Plan, Georg Fischer Signet, LLC, Hotels AB, LLC, IMortgage.com, Inc. Cafeteria Plan, IMortgage.com. Inc., Ingram Micro Inc. Health & Welfare Plan, Ingram Micro, Inc., Insperity Group Health Plan, Insperity Holdings, Inc., Inter-Rail Transport, Inc., Inter-Rail, Inc. Employee Health Plan, Intercare Holdings, Inc., Intercare Holdings, Inc. Health & Welfare Plan, Jackson Lewis LLP Welfare Plan, Jackson Lewis, LLP, Kelly Mitchell Group Inc. Medical Plan, Kelly Mitchell Group, Inc., Larson-Juhl US LLC Welfare Plan, Larson-Juhl US, LLC, Medical Specialties Distributors, LLC, Medical Specialties Distributors, LLC Group Benefit Plan, Mocean Health and Welfare Benefits Plan, Mocean, LLC, Monavie, LLC, Monavie, LLC Fringe Benefit Plan, Mountain Valley Express Co. Inc. Welfare Benefit Plan, Mountain Valley Express Co., Inc., Myriad Genetics, Inc., Myriad Genetics, Inc. Welfare Benefit Plan, NRC Payroll Management Health and Welfare Plan, NRC Payroll Management, LLC, National Captioning Institute, Inc., National Captioning Institute, Inc. Health & Welfare Benefits Plan, NetApp, Inc., NetApp, Inc. Group Health Plan, PSI Services LLC, PSI Services, LLC Health and Welfare Benefits Plan, Platinum Home Mortgage Corporation(an Illinois corporation), Platinum Home Mortgage Corporation, Polyair Corporation, Polyair Corporation Flexible Benefits Plan, Prada USA Corp., Prada USA Corporation Welfare Benefit Plan, Precyse Solutions, Inc., Producers' Health Benefits Plan, QBE First Group Health and Welfare Plan, QBE First Insurance Agency, Inc., S & A Computer Services, Inc., S and A Computer Services Welfare Benefit Plan, Seasons Hospice & Palliative Care of California, Inc., Seasons Hospice Flexible Benefit Plan, Station Casinos, Inc., Station Casinos, Inc. Employee Benefit Plan, Sunstate Equipment Co. LLC Employee Benefit Plan, Sunstate Equipment Co., LLC, The BMS Enterprises Inc, The BMS Enterprises Inc. Plan, The Standard/Hotels AB Welfare Benefit Plan, The Steritech Group, Inc., The Steritech Group, Inc. Cafeteria Plan, Tucker Ellis & West LLP Welfare Benefit Plan, Tucker Ellis, LLP, U.S. Auto Parts Network, Inc., UPM Raflatac, Inc., UPM-Raflatac, Inc. Health and Welfare Benefit Plan, US Auto Parts Network Inc. Health and Welfare Benefit Plan, Urban Decay Cosmetics Health and Welfare Plan, Urban Decay Cosmetics, LLC, Via Technologies, Inc., Via Technologies, Inc. Health and Welfare Plan, Westways Staffing Services Health Plan, Westways Staffing Services, Inc., Wynright Corporation, Wynright Welfare Benefit Plan. (Attachments: #1 Proposed Order Dismissing Certain Defendants)(Westerfeld, Bryan)
December 17, 2014 Opinion or Order Filing 1350 ORDER Upon Stipulation to Dismiss #1348 by Judge Michael W. Fitzgerald that defendants CONESYS, INC. and the CONESYS WELFARE BENEFIT PLAN, erroneously sued herein as the Conesys Employee Benefit Plan, are dismissed from this action, without prejudice. FURTHER ORDERED that Plaintiffs, on the one hand, and CONESYS, INC. and the CONESYS WELFARE BENEFIT PLAN, on the other hand, shall bear their own attorneys fees and costs as to one another in this matter. (jp)
December 16, 2014 Opinion or Order Filing 1349 MINUTE IN CHAMBERS ORDER RE: DECEMBER 10, 2014 HEARING by Judge Michael W. Fitzgerald: Having heard and considered arguments from counsel in each of the cases indicated above, the Court intends to proceed in the following manner: Regarding Case No. 14-CV-02139, the Court has decided to proceed with the action in its entirety. The Court will prepare tentative decisions on the legal issues raised in the Omnibus, United, Baker Hughes, and Aegon Motions and will hold a hearing on the same. The Court may or may not also provide tentative decisions on additional issues raised in the supplemental memoranda provided by individual Defendants. If any motion is granted with leave to amend, the Court expects Plaintiffs to proceed in good faith on the basis of arguments made and inconsistencies raised in the various briefs. The Court will revisit the option of a stay if and when a Second Amended Complaint is on file.Regarding Case No. 14-CV-03053, the Court will issue its Orders on the pending Omidi and Provider Motions as soon as practicable. To the extent that the Court requires additional briefing on the statute of limitations issue raised during the hearing, the Court will notify the parties. Regarding Case No. 14-CV-02177, the Court will prepare a tentative decision on the merits of the pending Motion, and will hold a hearing on the same. (jp)
December 16, 2014 Filing 1348 Joint STIPULATION to Dismiss Defendant Conesys Employee Benefit Plan, Conesys Inc, Conesys, Inc. filed by Defendant Conesys Employee Benefit Plan, Conesys Inc, Conesys, Inc.. (Attachments: #1 Proposed Order)(Attorney James J Moak added to party Conesys Inc(pty:dft), Attorney James J Moak added to party Conesys Inc(pty:dft))(Moak, James)
December 12, 2014 Filing 1347 TRANSCRIPT ORDER as to Defendant AARP Court Reporter. Court will contact Debra Bolin at bolin.debra@dorsey.com with any questions regarding this order. Transcript portion requested: Other: December 10, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (McCann, Heather)
December 10, 2014 Filing 1351 MINUTES OF MOTIONS TO DISMISS #489 #728 #1061 #1062 #1075 #1078 #1080 #1081 #1082 #1083 #1085 #1086 #1088 #1089 #1090 #1091 #1092 #1093 #1094 #1095 #1096 #1097 #1100 #1101 #1105 #1106 #1107 #1108 #1109 #1110 #1112 #1113 #1114 #1115 #1116 #1118 #1119 #1129 #1130 #1131 #1132 #1182 CV 14-2177-MWF MOTION TO DISMISS CASE #14 ; CV 14-3053-MWF MOTIONS TO DISMISS [46, 48]; MOTION TO STRIKE #49 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel state their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Rosalyn Adams. (jp)
December 10, 2014 Opinion or Order Filing 1346 ORDER by Judge Michael W. Fitzgerald: granting #1345 Request to Substitute Attorney Charles M Dyke in stead and place of Michelle Schuller Lewis. Added attorney Charles M Dyke for Pharmaceutical Product Development, LLC, Charles M Dyke for Pharmaceutical Product Development, LLC Welfare Benefit Plan,. Attorney Michelle Schuller Lewis terminated (shb)
December 9, 2014 Filing 1345 First REQUEST TO SUBSTITUTE ATTORNEY Charles M. Dyke in place of attorney Michelle Schuller Lewis filed by defendant Pharmaceutical Product Development, LLC, Pharmaceutical Product Development, LLC Welfare Benefit Plan. (Attachments: #1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Lewis, Michelle)
December 9, 2014 Filing 1344 NOTICE OF ERRATA filed by Defendants AARP, AARP Employees Welfare Plan, ADP Totalsource Inc, ADP Totalsource Inc. Health and Welfare Plan, AT&T Mobility LLC, AT&T Umbrella Benefit Plan, ATI Systems International Inc., ATI Systems- A Garda ompany Group Health Plan, Accenture LLP, Accenture United States Group Health Plan, Acushnet Company, Acushnet Company Consolidated Health and Welfare Plan, Advance/Newhouse Parternership, Advance/Newhouse Partnership Health Benefits Plan, Aegis Media Americas Inc, Aegis Media North America Welfare Benefit Plan, Air Liquide USA LLC, Air Liquide USA LLC Group Benefits Plan, Akzo Nobel Inc, Akzo Nobel Inc. Salaried Employees Group Benefits Program, Alcan Salaried Welfare Benefits Program, Alcatel-Lucent Retiree Welfare Benefits Plan, Alcatel-Lucent USA Inc, Alcon Laboratories Inc, Alcon Laboratories Inc. Voluntary Employees Beneficiary Association Trust, All American Containers Inc, All American Containers Inc. Welfare Benefit Plan, Alpha Mechanical Heating & Air Conditioning Inc. Health Insurance Plan, Alpha Mechanical Inc, Altec Industries Inc, Altec Industries Inc. Flexible Benefits Plan, American Airlines Inc, American Building Supply Inc, American Building Supply, Inc. Employees Benefit Plan, American Financial Group Inc, American Financial Group, Inc. Group Welfare Benefit Plan, American International Group Inc, American International Group Inc. Medical Plan, Anheuser-Busch Companies LLC, Anheuser-Busch Employees Benefit Trust, Anixter Inc, Anixter Inc. Group Insurance, Ann Inc, Ann, Inc. Welfare Benefits Plan, Apartment Management Consultants Benefits Plan, Apartment Management Consultants LLC, Apple American Group LLC, Apple American Group LLC Section 125 Plan, Apple Inc, Apple Inc. Health and Welfare Benefit Plan, Ardent Services LLC, Ardent Services, LLC Medical Plan, Auction.com Employee Benefit Plan, Auction.com LLC, Automatic Data Processing Inc., Automatic Data Processing, Inc. Flex 2000 Plan, Barnes & Noble Inc., Barnes & Noble Inc. Comprehensive Medical and Dental Plan, Bayside Management Company LLC, Bayside Management CompanyLLC Employee Benefit Plan, Becton Dickinson and Company, Becton, Dickinson and Company Group Life and Health Plan, Belmont Village LP HealthCare Benefits Plan, Belmont Village, LP, Best Buy Co. Inc., Best Buy Flexible Benefits Plan, Best Medical International Benefit Plan, Best Medical International Inc, Biomed Realty L.P., Biomed Realty L.P. Welfare Benefits Plan, Biomed Realty LP, Biomed Realty, LP Welfare Benefits Plan, Black Box Network Services Group Medical Plan, Black Box Network Services Inc, Boat America Corporation, Boat U.S. Health Plan, Boeing North American Employee Health Plan, Boston Market Corporation, Boston Market Corporation Health and Welfare Plan, Brady Corporation, Bright Horizons Children's Centers LLC, Bright Horizons Flexible Benefit Plan, Brinker International, Inc. Welfare Benefit Plan, Brinker Services Corporation, Buca Inc. Health Care Benefit Plan, Buca Restaurants 2, Inc., Buckeye Technologies Comprehensive Health Care Plan, Buckeye Technologies Inc, Build-A-Bear Workshop Inc, Build-A-Bear Workshop Inc. Welfare Benefit Plan, C.H. Robinson Company, Inc., CBIZ Inc. Group Health and Welfare Plan, CBIZ MHM, LLC, CCSA Employee Benefit Welfare Trust c/o BRMS, CDI Group Welfare Plan, CEC Entertainment Concepts LP, CEC Entertainment Welfare Benefit Plan, CGX Energy, LLC, CNA Financial Corporation, CNA Financial Corporation Health and Group Benefits Program, Caliber Home Loans, Inc., California Charter Schools Association, Cbeyond Communications Health and Welfare Plan, Cbeyond Communications LLC, Charlotte Russe Holding, Inc. Welfare Benefit Plan, Charlotte Russe, Inc., Charming Shoppes, Inc., Charming Shoppes, Inc. Medical Plan, Chevron Corporation, Chevron Corporation Omnibus Health Care Plan, Child Development Incorporated, Citigroup Health Benefit Plan, Citigroup Management Corp., Cogentrix Energy, LLC Group Insurance Plan, Cognizant Health & Welfare Benefit Plan, Cognizant Technology Solutions U.S. Corporation, Comfort Systems USA Health & Welfare Plan, Comfort Systems USA, Inc., Conmed Corporation, Conmed Corporation Healthcare Plan, Construction Teamsters Security Fund for Southern California, Court Business Services Corporation, Court Business Services Corporation Group Insurance Plan, Credit Suisse Securities (USA) LLC Group Health Care Plan, Credit Suisse Securities (USA), LLC, Cytec Industries Inc. Health and Welfare Plan, Cytec Industries, Inc., DS Waters of America, Inc., DS Waters of America, Inc. Health and Welfare Plan, Danaher Corporation, Danaher Corporation & Subsidiaries Medical Plan, Darden Group Life and Health Benefit Plan for Salaried Employees, Darden Group Life and Health Benefit Plan for Salaried Employees, Darden Restaurants, Inc., Deere & Company, Deloitte & Touche Welfare Benefit Plan, Deloitte &Touche Group Insurance Plan, Deloitte, LLP, Delta Air Lines, Inc., Delta Family-Care Medical Plan, Denso Sales California, Inc., Denso Sales California, Inc. Group Insurance Plan, Denso Sales California, Inc. Group Life, Accident, Medical & Dental Insurance, Diageo North America, Inc., Diageo North America, Inc. Medical Care and Life Insurance Plan for Salaried and Retired Emmployees, Diageo North America, Inc. Medical Care and Life Insurance Plan for Salaried and Retired Employees, Discovery Communications Welfare Benefit Plan, Discovery Communications, LLC, Dollar Thrifty Automotive Group, Inc., Dollar Thrifty Automotive Group, Inc. Welfare Benefit Plan, Drivetime Automotive Group, Inc., Drivetime Welfare Benefit Plan, Ecolab Health and Welfare Benefits Plan, Ecolab, Inc., Edgewood Management Corporation, Emcor Group, Inc., Emcor Group, Inc. Employee Welfare Plan, Employee Benefit Plan of the Compass Group USA, Inc., Environmental Systems Research Institute, Inc., Environmental Systems Research Institute, Inc. Life Ltd. Travel Accident, Vision Service, Medical Dental, Equity Residential Properties Trust Group Insurance Plan, Equity Residential Services, LLC, Ernst & Young Medical Plan, Ernst & Young, LLP, Essilor of America, Inc., Essilor of America, Inc. Employer Welfare Benefit Plan, Estee Lauder, Inc., Experian Information Solutions, Inc., Experian Information Solutions, Inc. Health and Welfare Plan, Express Messenger Systems, Inc., Express Messenger Systems, Inc., Expressjet Airlines, Inc., Expressjet Airlines, Inc. Consolidated Welfare Benefit Plan, FC USA Inc. Benefits, FC USA, Inc., FNPC Health and Welfare Plan, Farmers Group, Inc., Farmers Group, Inc. Employee Prepaid Benefit Plan, Fidelity Group Employees Medical, Dental and Cafeteria Plan, Finra Dispute Resolution, Inc., Finra Employee Group Medical, Fiserv, Inc., Fiserv, Inc. Welfare Benefit Plan, Flextronics Employee Benefits Plan, Flextronics International USA, Inc., Foot Locker Retail, Inc., Foot Locker Welfare Benefit Payment Plan, Future Electronics Corp., Future Electronics Corp. Group Insurance Plan, G4S Secure Solutions, Inc., GF Health Products Inc., GF Health Products, Inc., GP Strategies Corporation, GP Strategies Corporation Welfare Benefit Plan, GTech Corporation, GTech Corporation Participant Benefit Plan, General Electric Company, General Parts, Inc., General Parts, Inc. Employee Benefits Plan Medical Insurance, Genon Energy Group Welfare Benefits Plan, Genon Energy Services, LLC, Genpact Process Solutions, LLC, Genpact Welfare Benefit Plan, Georg Fischer Employee Benefit Plan, Georg Fischer Signet, LLC, Georgia-Pacific LLC, Georgia-Pacific, LLC, Great-West Life & Ann Ins Flexible Benefit Plan, Great-West Life & Annuity Insurance Company, Group Benefits Plan For Employees of Parsons Corporation & Designated Subsidiaries, Group Benefits Plan for Employees of WorleyParsons Corporation, Group Insurance Plan Hourly and Salaried Employees of Parker Hannifin Corp., Group Insurance Plan for Employees of NEC and Affiliates, Group Insurance Plan for Employees of Rexam, Inc., Group Life and Health Benefits Plan, Health & Welfare Benefit Plans of Vulcan Materials Company, Health Care Plan of the Employees of MCM Corp, Health Insurance Plan of Multiplan, Inc., Heartland Automotive Services, Inc., Heartland Automotive Services, Inc. Group Medical and Life Plan, Hertz Custom Benefit Program, Honeywell International Inc. Benefit Plan, Honeywell International, Inc., Hot Topic, Inc., Hot Topic, Inc. Health and Welfare Plan, Hotels AB, LLC, Huhtamaki Americas, Inc., Huhtamaki Americas, Inc. Group Insurance Plan, IBM Medical & Dental Plan for Regular and Part-time Employees, IMortgage.com, Inc. Cafeteria Plan, IMortgage.com. Inc., ING Americas Welfare Benefits Plan, ING North America Insurance Corporation, INX International Group Medical/Dental Plan, INX International Ink Co., Informa USA, Inc., Informa USA, Inc. and Subsidiaries Insurance Plan, Ingram Micro Inc. Health & Welfare Plan, Ingram Micro, Inc., Insperity Group Health Plan, Insperity Holdings, Inc., Integra LifeSciences Corp. Medical/Prescription, Dental and STD Plan, Integra Lifesciences Corporation, Intelsat Corporation, Intelsat Group Welfare Benefits Plan, Inter-Rail Transport, Inc., Inter-Rail, Inc. Employee Health Plan, Intercare Holdings, Inc., Intercare Holdings, Inc. Health & Welfare Plan, International Business Machines Corporation, International Paper Company, International Paper Group Insurance Plan, International Speedway Corporation, International Speedway Corporation Welfare Benefit Plan, J.C. Penney Corporation, Inc., J.C. Penney Corporation, Inc. Health & Welfare Benefits Plan, J.P. Morgan Chase National Corporate Services Inc., Jack in the Box, Inc., Jack in the Box, Inc. Crew Employees Health & Welfare Plan, Jackson Lewis LLP Welfare Plan, Jackson Lewis, LLP, Jacobs Engineering Group, Inc., Jacobs Engineering Group, Inc. Employee Group Insurance Plan, JetBlue Airways Corporation, JetBlue Airways Group Health Insurance Plan, John Deere Flexible Benefits Plan, John Deere Health Benefit Plan for Wage Employees, Jones Lang Lasalle Americas, Inc., Jones Lang Lasalle Group Benefits Plan, KLA-Tencor Corporation, KLA-Tencor Corporation Group Insurance Plan, Kate Spade & Company, Kelly Mitchell Group I
December 8, 2014 Opinion or Order Filing 1343 MINUTE IN CHAMBERS [TENTATIVE] ORDER STAYING ACTION; DENYING WITHOUT PREJUDICE DEFENDANTS' MOTIONS TO DISMISS #489 #728 #1061 #1062 #1070 #1071 #1075 #1078 #1080 #1081 #1082 #1083 #1085 #1086 #1088 #1089 #1090 #1091 #1092 #1093 #1094 #1095 #1096 #1097 #1100 #1101 #1105 #1106 #1107 #1108 #1109 #1110 #1112 #1113 #1114 #1115 #1116 #1118 #1119 #1128 #1130 #1131 #1132 #1133 #1134 #1135 #1136 #1137 #1138 #1139 #1140 #1141 #1142 #1144 #1145 #1146 #1147 #1149 #1152 #1154 #1155 #1156 #1157 #1161 #1162 #1163 #1164 #1165 #1168 #1182 #1298 by Judge Michael W. Fitzgerald: In sum, this action is STAYED in its entirety pending resolution of Related Action No. CV-14-03053, or until further order of the Court. All other pending motions are DENIED WITHOUT PREJUDICE to being refiled and re-noticed when appropriate. (jp)
December 8, 2014 Opinion or Order Filing 1342 MINUTE IN CHAMBERS ORDER RE: CONDUCT OF DECEMBER 10, 2014 HEARING by Judge Michael W. Fitzgerald: The Court anticipates that the hearing will proceed in the following order: (1) Discussion of Option A, a stay of the present action in favor of theRelated Action; (2) Discussion of Options B and C as alternatives to Option A; (3) The hearing on the Provider Counter-Defendants Motion to Dismiss theFACC and Joinder in Counter-Defendants Michael Omidi, M.D. and Julian Omidi's Motion to Dismiss FACC (Related Action Docket No. 48); (4) The hearing on the Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi's Motion to Dismiss the FACC and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, et al.'s Motion to Dismiss and Strike FACC (Related Action Docket No. 46); (5) The hearing on the Provider Counter-Defendants Motion to Strike Portions of the FACC (Related Action Docket No. 49). Tentative orders regarding the pending Motions to Dismiss and Motion to Strike in the Related Action will be available on the morning of Wednesday, December 10, 2014, or perhaps may be distributed to counsel in the Related Action on Tuesday, December 9, 2014. (jp) Modified on 12/8/2014 (smom).
December 8, 2014 Opinion or Order Filing 1341 ORDER by Judge Michael W. Fitzgerald: granting #1335 Application to Appear Pro Hac Vice by Attorney Stanley G. Schroeder on behalf of Defendants AEG Employee Health & Welfare Plan, Accor North America Inc, Anschutz Entertainment Group Inc, Brink's Incorporated, Centric Group LLC, Centrix Group Hospital Plan, Covidien Health & Welfare Benefits Plan, Covidien, LP, Dr. Pepper Snapple Group, Inc., Dr. Pepper Snapple Group, Inc. Health Plan, Enterprise Holdings Hospital Insurance Plan, Enterprise Holdings, Inc., Five Star Quality Care, Five Star Quality Care-CA, Inc., G6 Hospitality Group Insurance Plan Actavis Inc, GE Global Health Plan, General Electric Company, Mary Kay, Inc., May Kay, Inc. Comprehensive Employee Health and Welfare Plan, OCLC Employee Welfare Benefit Plan, OCLC Online Computer Library Center, Inc., Old Dominion E