Smith, et al v. Trinity Healthshare, et al
| THE ALIERA COMPANIES, INC., a Delaware corporation, FKA Aliera Healthcare Inc. and ONESHARE HEALTH LLC, a Virginia limited liability corporation |
| TRINITY HEALTHSHARE INC., a Delaware corporation |
| REBECCA SMITH, JUSTINE LUND, JARED BEARD, individually and on behalf of all others similarly situated, ELLEN LARSON and JAIME BEARD |
| 21-1187 |
| May 17, 2021 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Contract Actions |
Docket Report
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| Document Text |
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| [10984093] Status report filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187. Served on 03/16/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] RES [Entered: 03/16/2023 04:27 PM] |
| [10936606] Default; Procedural termination without judicial action; Clerk of the Court. [21-1187] [Entered: 08/26/2022 04:22 PM] |
| [10936607] Mandate issued. [21-1187] [Entered: 08/26/2022 04:22 PM] |
| [10934740] Order filed by Clerk of the Court granting Attorneys Laurin D. Quiat and Matthew C. Baisley's motion to withdraw as attorney. Corporations and other business entitites may not appear in this court except by counsel. Notice of appearance due on 08/25/2022 for Trinity Healthshare Inc.. Failure to do so will result in the dismissal of this appeal without further notice. Served on 08/18/2022. [21-1187] [Entered: 08/18/2022 03:57 PM] |
| [10934447] Motion filed by Appellant Trinity Healthshare Inc. for attorney Laurin D. Quiat and Matthew C. Baisley to withdraw as counsel. Served on: 08/17/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1187] LDQ [Entered: 08/17/2022 04:27 PM] |
| [10934437] Response filed by Trinity Healthshare Inc. to August 10, 2022 Order. Served on 08/17/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1187] LDQ [Entered: 08/17/2022 04:15 PM] |
| [10932697] Order filed by Clerk of the Court - On or before September 12, 2022 counsel for Trinity shall file a response to this order. See attached order for details. Served on 08/10/2022. [21-1187] [Entered: 08/10/2022 08:32 AM] |
| [10932694] Order filed by Clerk of the Court - The abatement of these appeals is continued. On or before October 7, 2022, or within 5 days of an order affecting the abatement of these appeals, the parties shall file a joint status report for all three appeals advising the court as to the status of Alieras bankruptcy proceedings. See order for details.Served on 08/10/2022. [21-1185, 21-1186, 21-1187] [Entered: 08/10/2022 08:26 AM] |
| [10932296] Status report filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187. Served on 08/08/2022. Manner of Service: email, US mail. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] RES [Entered: 08/08/2022 03:42 PM] |
| [10912102] Order filed by Clerk of the Court. This matter is before the court on the parties' Joint Status Report filed on May 9, 2022. The parties set forth that no motion seeking relief from the automatic stay under 11 U.S.C. 362 has been filed or granted in the bankruptcy court, and that abatement of these appeals should continue. The parties anticipate that Aliera's Chapter 11 Plan is due to be filed on June 16, 2022. Upon consideration, abatement of these appeals is continued. On August 8, 2022, or within 5 days of an order affecting the abatement of these appeals, the parties shall file a joint status report captioned for all three appeals advising the court as to the status of Trinity and Aliera's bankruptcy proceedings and whether abatement should continue. Status report due 08/08/2022 by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith, The Aliera Companies, Inc., Oneshare Health LLC and Trinity Healthshare Inc.. Served on 05/10/2022. Text only entry - no attachment. [21-1185, 21-1186, 21-1187] [Entered: 05/10/2022 08:49 AM] |
| [10912016] Status report filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187, OneShare Health LLC. Served on 05/09/2022. Manner of Service: email, US mail. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] EH [Entered: 05/09/2022 03:45 PM] |
| [10891676] Order filed by Clerk of the Court - The abatement of these appeals is continued. On 05/09/2022 or within 5 days of an order affecting the abatement of these appeals, the parties shall file a joint status report advising the court as to the status of Trinity and Aleira's separate bankruptcy proceedings. Served on 02/08/2022. [21-1185, 21-1186, 21-1187] [Entered: 02/08/2022 03:04 PM] |
| [10891440] Status report filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187. Served on 02/07/2022. Manner of Service: email, US mail. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] EH [Entered: 02/07/2022 06:08 PM] |
| [10877990] Order filed by Clerk of the Court upon the filing of appellees' notice of involuntary bankruptcy of Aliera Companies. Appeal 21-1186 remains abated in the interest of judicial efficiency. The 1/17/2022 due date for Trinity to file a status report is vacated. Joint status report now due 02/07/2022 by all parties. See order for details. Served on 12/08/2021. [21-1185, 21-1186, 21-1187] [Entered: 12/08/2021 02:24 PM] |
| [10877602] Notice of involuntary bankruptcy of The Aliera Companies, Inc. filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187. Served on 12/07/2021 by email, US mail. --[Edited 12/07/2021 by SDS to modify text] [21-1185, 21-1186, 21-1187] EH [Entered: 12/07/2021 12:27 PM] |
| [10872479] Minute order filed by Clerk of the Court - These matters are before the court on Appellant Trinity Healthshare, Inc.s November 15, 2021 Status Report. Upon consideration, the abatement of these appeals will continue. Trinity Healthshare, Inc., shall file another status report describing the procedural posture of its bankruptcy proceedings on January 17, 2022, or within five days after the bankruptcy court enter any orders that may affect future proceedings in these appeals. The status report must be filed in all three consolidated appeals. Served on 11/16/2021. Text only entry - no attachment. [21-1185, 21-1186, 21-1187] [Entered: 11/16/2021 09:08 AM] |
| [10872264] Deficiency notice issued. Status report now due 11/18/2021 by Trinity Healthshare Inc. [21-1186, 21-1185, 21-1187] [Entered: 11/15/2021 01:57 PM] |
| [10872291] Order filed by Clerk of the Court. Within seven days from this order Aliera shall cause an attorney licensed to practice in the Tenth Circuit Court of Appeals. If new counsel does not appear within seven days, Aliera's appeal may be dismissed. Former counsel for Aliera is directed to serve this order on Aliera. Notice of appearance due on 11/22/2021 for The Aliera Companies, Inc.. Served on 11/15/2021. [21-1185, 21-1186, 21-1187] [Entered: 11/15/2021 02:22 PM] |
| [10872361] Status report filed by Trinity Healthshare Inc. in 21-1187. Served on 11/15/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1187, 21-1185, 21-1186] LDQ [Entered: 11/15/2021 04:00 PM] |
| [10865321] Order filed by Clerk of the Court granting Attorney Ramey and Burr & Formant's motion to withdraw as attorney for the Aliera Companies, Inc. Notice of appearance due on 11/05/2021 for The Aliera Companies, Inc. See order for details. Served on 10/15/2021. [21-1185, 21-1186, 21-1187] [Entered: 10/15/2021 10:35 AM] |
| [10865148] Motion filed by Appellant The Aliera Companies, Inc. in 21-1185 for attorney E. Travis Ramey and the law firm of Burr & Forman LLP to withdraw as counsel. Served on: 10/14/2021. Manner of service: email, US mail. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] ETR [Entered: 10/14/2021 02:58 PM] |
| [10854825] Minute order filed - These matters are before the court on Appellant Trinity Healthshare, Inc's Status Report, which was submitted only in Case No. 21-1187. As a one-time courtesy, the clerk is directed to file the status report in the other two cases with which this appeal has been consolidated-Case Nos. 21-1185 & 21-1186. Upon consideration, the abatement of these appeals will continue. Trinity Healthshare, Inc. shall file another status report describing the procedural posture of its bankruptcy proceedings on 11/1/2021, or within 5 days after the bankruptcy court enter any orders that may affect future proceedings in these appeals. All future status reports must be filed in all three consolidated appeals. Status report now due 11/01/2021 by Trinity Healthshare Inc.. (Text Only - No Attachment) [21-1185, 21-1186, 21-1187] [Entered: 09/01/2021 03:12 PM] |
| [10854739] Status report filed by Trinity Healthshare Inc.. Served on 09/01/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1187]--[Edited 09/01/2021 by LG to show we filed it the other 2 consolidated appeals as well] LDQ [Entered: 09/01/2021 12:59 PM] |
[10847508] Order filed by Judges Matheson and Bacharach. These matters are before the court on Appellant Trinity's suggestion of bankruptcy in 21-1187, construed as a motion to abate. Appellant The Aliera Companies response, and OneShare''s response. Upon consideration, the court grants the motion to abate as construed. Status report due 09/01/2021 by Trinity Healthshare Inc. See order for detailed information. Served on 08/02/2021. [21-1185, 21-1186, 21-1187] [Entered: 08/02/2021 10:43 AM]
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| [10846538] Response filed by The Aliera Companies, Inc. in 21-1185 to Response to Suggestion of Bankruptcy and Motion to Abate Proceedings. Served on 07/27/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] ETR [Entered: 07/27/2021 04:04 PM] |
| [10846541] Response filed by Oneshare Health LLC in 21-1186 to Defendant Trinity Healthshare, Inc.'s Suggestion of Bankruptcy. Served on 07/27/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1186, 21-1185, 21-1187] MSC [Entered: 07/27/2021 04:05 PM] |
| [10846565] Response filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187 to TRINITY HEALTHSHARE INCS SUGGESTION OF BANKRUPTCY. Served on 07/27/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1185, 21-1186, 21-1187] EH [Entered: 07/27/2021 05:17 PM] |
| [10845045] Order filed by Clerk of the Court - The court construes the notice of withdrawal of counsel as a motion to withdraw and grants the motion as construed. Victoria Lovato is withdrawn as attorney of record. Attorney Patrick Bernal and Michael David Myers will remain as counsel of record. Served on 07/21/2021. [21-1185, 21-1186, 21-1187] [Entered: 07/21/2021 10:21 AM] |
| [10845019] Notice filed by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187. Served on 07/21/2021 by email. [21-1185, 21-1186, 21-1187] VEL [Entered: 07/21/2021 09:25 AM] |
| [10844518] Notice of Withdrawal of Counsel filed by attorney Victoria E. Lovato in 21-1185, 21-1186, 21-1187. Served on 07/19/2021 by email. [21-1185, 21-1186, 21-1187] --[Edited 07/19/2021 by AT to reflect title of notice filed with the court. ] VEL [Entered: 07/19/2021 12:30 PM] |
| [10843163] Order filed by Clerk of the Court - all parties shall file a response to the suggestion of bankruptucy stay, construed as motion to abate. Responses due 07/27/2021. If any party does not file a response, the non-response will be construed as consent to abatement. See order for details. Served on 07/12/2021. [21-1185, 21-1186, 21-1187] [Entered: 07/12/2021 04:24 PM] |
| [10842698] Notice of automatic bankruptcy stay filed by Appellant Trinity Healthshare Inc. in 21-1187. Served on 07/09/2021. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [21-1187] LDQ [Entered: 07/09/2021 03:12 PM] |
| [10841849] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 07/26/2021 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [21-1185, 21-1186, 21-1187] [Entered: 07/07/2021 09:46 AM] |
| [10841910] On the court's own motion and pursuant to 10th Cir. R. 33.1, order filed by (CLK) Appellants' consolidated opening brief and appendix due on 08/16/2021 for The Aliera Companies, Inc., Oneshare Health LLC and Trinity Healthshare Inc.. [21-1185, 21-1186, 21-1187] [Entered: 07/07/2021 11:30 AM] |
| [10840617] Entry of appearance submitted by Jon F. Sands; Marilyn S. Chappell; Kyle G.A. Wallace for Appellant Oneshare Health LLC in 21-1186 for court review. Certificate of Interested Parties: No. Served on 07/01/2021. Manner of Service: email. [21-1186, 21-1185, 21-1187] [Edited to remove PDF as pleading has been filed-- Edited 07/01/2021 by NA] MSC [Entered: 07/01/2021 08:52 AM] |
| [10840614] Docketing statement filed by Oneshare Health LLC in 21-1186. Served on 07/01/2021. Manner of Service: email. [21-1186, 21-1187, 21-1185] MSC [Entered: 07/01/2021 08:49 AM] |
| [10840646] Entry of appearance filed by Ms. Marilyn Sue Chappell, Esq., Jon Sands and Mr. Kyle Wallace for Oneshare Health LLC in 21-1186 and 12-1187. CERT. OF INTERESTED PARTIES: n. Served on 07/01/2021. Manner of Service: email [21-1185, 21-1187] [Entered: 07/01/2021 09:10 AM] |
| [10840847] Docketing statement filed by Trinity Healthshare Inc. in 21-1187. Served on 07/01/2021. Manner of Service: email. [21-1187, 21-1185, 21-1186] LDQ [Entered: 07/01/2021 03:19 PM] |
| [10840841] Notice received from Trinity Healthshare Inc. in 21-1187 that a transcript is not necessary for this appeal. Served on: 07/01/2021. Manner of Service: email [21-1187] LDQ [Entered: 07/01/2021 03:16 PM] |
| [10840845] Amended docketing statement filed by The Aliera Companies, Inc. in 21-1185. Served on 07/01/2021. Manner of Service: email. --[Edited 07/01/2021 by SDS to show as amended] [21-1185, 21-1186, 21-1187] ETR [Entered: 07/01/2021 03:18 PM] |
| [10838142] Supplemental preliminary record filed. Contents: Order on Defendants' Motion to Compel Arbitration. [21-1187] [Entered: 06/21/2021 10:21 AM] |
| [10837494] Order filed by Clerk of the Court. The court abated these appeals pending the district court's disposition of the defendant's Motion to Alter or Amend the Order denying defendant's Motion to Compel Arbitration. On 6/16/21, the district court issued an order denying the motion. Accordingly, the abatement of these appeals is lifted, and obligations to file a status report are vacated. The court procedurally consolidates all three appeals. Appellant's brief and appendix due on 07/26/2021 for The Aliera Companies, Inc., Oneshare Health LLC and Trinity Healthshare Inc.. Served on 06/16/2021. [21-1187, 21-1185, 21-1186] Please see attached order for detailed information. [Entered: 06/16/2021 02:32 PM] |
| [10837383] District Court order filed denying defendants motion to alter or amend the Court's prior order on arbitration. [21-1185, 21-1186, 21-1187] [Entered: 06/16/2021 11:17 AM] |
| [10833799] Entry of appearance filed by Mr. Laurin David Quiat and Mr. Matthew C. Baisley for Trinity Healthshare Inc.. CERT. OF INTERESTED PARTIES: y(Some of the parties listed are parties to the appeal or counsel of record). Served on 06/01/2021. Manner of Service: email [21-1187] [Entered: 06/02/2021 06:57 AM] |
| [10833867] Filed notice record is complete. Served on 06/02/2021. [21-1187] [Entered: 06/02/2021 08:53 AM] |
| [10833882] Order filed by Clerk of the Court. This matter is before the court upon review of the appellant's docketing statement. The defendants filed a motion in the district court that appears to be a tolling motion. With this motion pending, proceedings in this appeal are abated. Status report due 07/02/2021 by Trinity Healthshare Inc., See order for detailed information. Served on 06/02/2021. [21-1187] [Entered: 06/02/2021 09:22 AM] |
| [10833767] Docketing statement filed by Trinity Healthshare Inc.. Served on 06/01/2021. Manner of Service: email. [21-1187] LDQ [Entered: 06/01/2021 04:26 PM] |
| [10833769] Notice received from Trinity Healthshare Inc. that a transcript is not necessary for this appeal. Served on: 06/01/2021. Manner of Service: email [21-1187] LDQ [Entered: 06/01/2021 04:28 PM] |
| [10833766] Entry of appearance submitted by Laurin D. Quiat and Matthew C. Baisley for Appellant Trinity Healthshare Inc. in 21-1187. Certificate of Interested Parties: Yes. Served on 06/01/2021. Manner of Service: email. [21-118] --[Edited 06/02/2021 by AT to remove PDF as pleading was filed on 6/2/21.] LDQ [Entered: 06/01/2021 04:25 PM] |
| [10833770] Minute order filed - Notice due that record is complete by 06/08/2021 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [21-1187] [Entered: 06/01/2021 04:32 PM] |
| [10833331] Entry of appearance submitted by Patrick J. Bernal for Appellees Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187 for court review. Certificate of Interested Parties: No. Served on 05/28/2021. Manner of Service: email. [21-1185, 21-1186, 21-1187] --[Edited 05/28/2021 by AT to remove PDF as pleading was filed on 5/28/2021.] PJB [Entered: 05/28/2021 01:53 PM] |
| [10833250] Entry of appearance filed by Mr. Richard E. Spoonemore and Eleanor Hamburger for Rebecca Smith, Ellen Larson, Justine Lund, Jaime Beard and Jared Beard. CERT. OF INTERESTED PARTIES: n. Served on 05/28/2021. Manner of Service: email. [21-1185, 21-1186, 21-1187] [Entered: 05/28/2021 10:56 AM] |
| [10833240] Entry of appearance submitted by Richard E. Spoonemore and Eleanor Hamburger for Appellees Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187 for court review. Certificate of Interested Parties: No. Served on 05/28/2021. Manner of Service: email. --[Edited 05/28/2021 by SDS to remove pdf from entry as the pleading has been filed] [21-1185, 21-1186, 21-1187] EH [Entered: 05/28/2021 10:16 AM] |
| [10833334] Entry of appearance submitted by Victoria E. Lovato for Appellees Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith in 21-1185, 21-1186, 21-1187 for court review. Certificate of Interested Parties: No. Served on 05/28/2021. Manner of Service: email. [21-1185, 21-1186, 21-1187] [Edited to remove PDF as pleading has been filed-- Edited 05/28/2021 by NA] VEL [Entered: 05/28/2021 01:55 PM] |
| [10833346] Entry of appearance filed by Patrick J Bernal for Rebecca Smith, Ellen Larson, Justine Lund, Jaime Beard and Jared Beard in 21-1185, 21-1186, and 21-1187. CERT. OF INTERESTED PARTIES: n. Served on 05/28/2021. Manner of Service: email [21-1185, 21-1186, 21-1187] [Entered: 05/28/2021 02:24 PM] |
| [10833369] Entry of appearance submitted by E. Travis Ramey for Appellant The Aliera Companies, Inc. in 21-1185 for court review. Certificate of Interested Parties: Yes. Served on 05/28/2021. Manner of Service: email. --[Edited 05/28/2021 by SDS to remove pdf from entry as the pleading has been filed, and to remove entry from related cases] [21-1185] ETR [Entered: 05/28/2021 03:22 PM] |
| [10833372] Entry of appearance filed by Ms. Victoria E. Lovato for Rebecca Smith, Justine Lund, Ellen Larson, Jared Beard and Jaime Beard in 21-1185, 21-1186, 21-1187. CERT. OF INTERESTED PARTIES: n. Served on 05/28/2021. Manner of Service: email [21-1185, 21-1186, 21-1187] [Entered: 05/28/2021 03:30 PM] |
| [10830414] Civil case docketed. Preliminary record filed. DATE RECEIVED: 05/17/2021. Docketing statement, transcript order form and notice of appearance due 06/01/2021 for Trinity Healthshare Inc. Notice of appearance due on 06/01/2021 for Jaime Beard, Jared Beard, Ellen Larson, Justine Lund and Rebecca Smith. [21-1187] [Entered: 05/17/2021 10:43 AM] |
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