M. S., et al v. Premera Blue Cross, et al
| MICROSOFT CORPORATION and MICROSOFT CORPORATION WELFARE PLAN |
| M. S., L. S. and C. J. S. |
| PREMERA BLUE CROSS |
| 22-4056 |
| June 28, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Employee Retirement |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| [11029895] Cases argued and submitted to Judges Hartz, Moritz and Rossman. Arguing attorneys: Gwendolyn C. Payton for Appellant; and Brian Smith King for Appellees. [22-4056, 22-4061] [Entered: 09/19/2023 12:29 PM] |
| [11029298] Notice of courtroom change for oral argument on 09/19/2023 from IV to I. Counsel shall report 45 minutes prior to the session to check in with the clerk.[22-4056, 22-4061] [Entered: 09/18/2023 09:18 AM] |
| [11024652] Order filed by Clerk of the Court granting Appellees' motion to extend time to file supplemental brief 2-days. Appellees' supplemental brief is now due on 08/30/2023 for Appellees C. J. S., L. S. and M. S. Served on 08/30/2023. [22-4056, 22-4061] [Entered: 08/30/2023 10:27 AM] |
| [11024916] Appellee/Respondent's supplemental brief filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Served on 08/30/2023. Manner of Service: email. Word/page count: 8. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 08/30/2023 08:12 PM] |
| [11023917] Motion filed by Appellees C. J. S., L. S. and M. S. in 22-4056, 22-4061 to extend time to file supplemental brief until 08/30/2023. Served on: 08/28/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 08/28/2023 09:58 AM] |
| [11023897] Appellant's supplemental memorandum brief filed by Premera Blue Cross in 22-4056. Served on 08/28/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] GCP [Entered: 08/28/2023 09:23 AM] |
| [11022093] Order filed by Clerk of the Court - These matters are before the court sua sponte to direct supplemental briefing. Supplemental briefs due 08/28/2023 for Premera Blue Cross, C. J. S., L. S., M. S., Microsoft Corporation and Microsoft Corporation Welfare Plan. See order for additional information. Served on 08/18/2023. [22-4056, 22-4061] [Entered: 08/18/2023 02:24 PM] |
| [11014776] Calendar Acknowledgment Form filed by C. J. S., L. S. and M. S.. Served on 07/19/2023. Manner of Service: email. [22-4056] BSK [Entered: 07/19/2023 05:08 PM] |
| [11014547] Calendar Acknowledgment Form filed by Premera Blue Cross in 22-4056. Served on 07/19/2023. Manner of Service: email. [22-4056, 22-4061] GCP [Entered: 07/19/2023 11:29 AM] |
| [11012871] Oral argument notice filed. This matter is set for IN PERSON oral argument on 9/19/2023 at 9:00 A.M. Mountain Time in Courtroom IV of the Byron White United States Courthouse, Denver, CO. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must download, complete, and e-file the required oral argument form(s). Counsel for amici parties may not participate in argument without written permission from the court. Arguing counsel must check-in at the Clerk's Office 45 minutes prior to the start of arguments. [22-4056, 22-4061] [Entered: 07/12/2023 03:19 PM] |
| [10991619] Paper copies of appellants' reply brief received from Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. [22-4056, 22-4061] [Entered: 04/14/2023 11:47 AM] |
| [10990989] Appellant/Petitioner's reply brief filed by Premera Blue Cross in 22-4056, Microsoft Corporation and Microsoft Corporation Welfare Plan. Served on 04/12/2023. Manner of Service: email. Word/page count: 6186. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] GCP [Entered: 04/12/2023 12:58 PM] |
| [10990996] Minute order filed - the brief submitted by appellants is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellant reply brief due 04/19/2023 by Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. (Text Only - No Attachment) [22-4056, 22-4061] [Entered: 04/12/2023 01:03 PM] |
| [10983458] Order filed by Clerk of the Court granting as modified attorney motion to extend time to file appellants reply brief until 04/12/2023 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. No further extensions will be granted on the clerk's authority. Served on 03/15/2023. Text only entry - no attachment. [22-4056, 22-4061] [Entered: 03/15/2023 08:45 AM] |
| [10983356] Motion filed by Appellant Premera Blue Cross in 22-4056, Microsoft Corporation and Microsoft Corporation Welfare Plan to extend time to file a reply brief until 04/26/2023. Served on: 03/14/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] AHC [Entered: 03/14/2023 03:53 PM] |
| [10982575] Paper copies of appellees' brief and appendix received from C. J. S., L. S. and M. S. [22-4056, 22-4061] [Entered: 03/10/2023 11:00 AM] |
| [10981812] Minute order filed - the brief and supplemental appendix submitted by appellees are accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing(s), including all attachments and number of volumes filed for appendices. Appellants optional reply brief now due 03/29/2023 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. Paper copies of appellee brief and supplemental due 03/15/2023 by C. J. S., L. S. and M. S.. (Text Only - No Attachment) [22-4056, 22-4061] [Entered: 03/08/2023 07:40 AM] |
| This entry has been removed from the docket. Corrected supplemental appendix filed 03/07/2023 [JJH] [10981418] Appellee's appendix filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Total number of volumes filed: 1. Served on 03/06/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 03/07/2023 12:02 AM] |
| [10981421] Notice of deficient appendix received from C. J. S., L. S. and M. S. in 22-4056. See attached letter for specifics. Supplemental appendix now due 03/10/2023 for C. J. S., L. S. and M. S.. [22-4056, 22-4061] [Entered: 03/07/2023 06:08 AM] |
| This entry has been removed from the docket. Corrected brief filed on 03/07/2023 [jjh] [10981417] Appellee/Respondent's brief filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Served on: 03/06/2023. Manner of service: email. Oral argument requested? Yes. Word/page count: 9404. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 03/07/2023 12:00 AM] |
| [10981786] Appellee's appendix filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Total number of volumes filed: 1. Served on 03/07/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 03/07/2023 05:17 PM] |
| [10981787] Appellee/Respondent's brief filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Served on: 03/07/2023. Manner of service: email. Oral argument requested? Yes. Word/page count: 9404. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 03/07/2023 05:20 PM] |
| [10973222] Order filed by Clerk of the Court, at the direction of the court, granting attorney motion to extend time to file appellees brief until 03/06/2023 for M. S., L. S. and C. J. S. Served on 01/31/2023. Text only entry - no attachment. [22-4056, 22-4061] [Entered: 01/31/2023 07:05 AM] |
| [10973212] Motion filed by Appellees C. J. S., L. S. and M. S. in 22-4056, 22-4061 to extend time to file appellee/respondent's brief until 03/06/2023. Served on: 01/30/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 01/30/2023 11:09 PM] |
| [10965147] Motion filed by Appellees C. J. S., L. S. and M. S. in 22-4056, 22-4061 to extend time to file appellee/respondent's brief until 02/02/2023. Served on: 12/27/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] BSK [Entered: 12/27/2022 11:33 AM] |
| [10965152] Order filed by Clerk of the Court granting appellees' motion for 30-day extension of time to file response brief. Appellees' brief is now due 02/02/2023 for M. S., L. S. and C. J. S. No further extensions will be granted on the clerk's authority. Served on 12/27/2022. Text only entry - no attachment. [22-4056, 22-4061] [Entered: 12/27/2022 11:42 AM] |
| [10963617] Rule 26 Disclosure Statement filed by Microsoft Corporation and Microsoft Corporation Welfare Plan in 22-4061. More than 50 parties disclosed: no. Served on 12/19/2022. Manner of Service: email. [22-4056, 22-4061] TCH [Entered: 12/19/2022 02:47 PM] |
| [10963452] Rule 26 Disclosure Statement filed by Premera Blue Cross in 22-4056, 22-4061. More than 50 parties disclosed: no. Served on 12/19/2022. Manner of Service: email. [22-4056, 22-4061] GCP [Entered: 12/19/2022 12:10 PM] |
| [10961504] This matter is before the court sua sponte in preparation for the January 1, 2023 implementation of Tenth Circuit Rule 26.1, which requires Fed. R. App. P. 26.1 disclosures to be made via a separately filed Tenth Circuit Form 4 instead of in the parties' briefs. Within 7 days of the date of this order, all non-governmental corporate entities in civil appeals (including movants, intervenors, and amici), and the government and any corporate defendants in criminal appeals, shall complete and e-file Form 4, which is available on the forms page of the court's website. The aforementioned parties must file Form 4 even if they already filed a brief that includes Fed. R. App. P. 26.1 disclosures and/or have nothing to disclose. Counsel representing more than one party may file one Form 4 for all represented parties. Form 4 should be filed using the Rule 26 Disclosure Statement event in CM/ECF. Disclosure statement due on 12/20/2022 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. [22-4056, 22-4061] [Entered: 12/13/2022 08:19 AM] |
| [10960251] Paper copies of appellants' brief and appenidx received from Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. [22-4056, 22-4061] [Entered: 12/07/2022 12:38 PM] |
| [10959097] Minute order filed - Appellant's brief and appendix are accepted for filing. Paper copies shall be filed with the court by 12/8/22. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellees' brief due 01/03/2023 for M. S., L. S. and C. J. S.. (Text Only - No Attachment) [22-4056, 22-4061] [Entered: 12/01/2022 02:27 PM] |
| [10959080] Appellant/Petitioner's brief filed by Premera Blue Cross in 22-4056, MICROSOFT CORPORATION, AND MICROSOFT CORPORATION WELFARE PLAN. Served on 12/01/2022 by email. Oral argument requested? Yes. Word/page count: 10317. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] GCP [Entered: 12/01/2022 01:59 PM] |
| [10958963] Order filed by Clerk of the Court provisionally granting the motion to file Volume III of appellants appendix under seal subject to reconsideration by the panel of judges the court will later assign to consider the merits of this appeal. Served on 12/01/2022. (See the attachment for the order.) [22-4056, 22-4061] [Entered: 12/01/2022 11:24 AM] |
| [10958869] Notice of appellants' deficient brief received from Premera Blue Cross in 22-4056, Microsoft Corporation and Microsoft Corporation Welfare Plan in 22-4061. See attached letter for specifics. Appellants' brief due on 12/05/2022 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. [22-4056, 22-4061] [Entered: 12/01/2022 09:13 AM] |
| [10958798] Appellant's appendix filed by Premera Blue Cross. Total number of volumes filed: 3. Served on 11/30/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056] GCP [Entered: 11/30/2022 06:04 PM] |
| [10958799] Motion filed by Appellant Premera Blue Cross in 22-4056, MICROSOFT CORPORATION, AND MICROSOFT CORPORATION WELFARE PLAN to seal SEALED APPENDIX VOLUME III, PAGES 465-621 (in its entirety). Served on: 11/30/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] GCP [Entered: 11/30/2022 06:08 PM] |
| This entry has been removed from the docket. [KLP] Refiled [10958807] Appellant/Petitioner's brief filed by Premera Blue Cross in 22-4056, MICROSOFT CORPORATION, AND MICROSOFT CORPORATION WELFARE PLAN. Served on 11/30/2022 by email. Oral argument requested? Yes. Word/page count: 10317. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061]--[Edited 12/01/2022 by KLP - cited as deficient.] GCP [Entered: 11/30/2022 08:36 PM] |
| [10947536] Entry of appearance filed by John R. Neeleman for Premera Blue Cross. CERT. OF INTERESTED PARTIES: n. Served on 10/13/2022. Manner of Service: email [22-4056] [Entered: 10/13/2022 12:53 PM] |
| [10947529] Entry of appearance submitted by John R. Neeleman for Appellant Premera Blue Cross in 22-4056, Not Party Premera Blue Cross in 22-4061 for court review. Certificate of Interested Parties: No. Served on 10/13/2022. Manner of Service: email. [22-4056]--[Edited 10/13/2022 by DJD. Removed PDF as pleading filed 10/13/22 and removed from 22-4061 as that case number is not on the document] JRN [Entered: 10/13/2022 12:44 PM] |
| [10943451] Order filed by Clerk of the Court granting appellants' joint motion to extend time to file appellants consolidated opening brief. The consolidated opening brief and appendix are now due 11/30/2022 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. Served on 09/27/2022. Text only entry - no attachment. [22-4056, 22-4061] [Entered: 09/27/2022 09:40 AM] |
| [10943362] Joint Motion filed by Appellants Premera Blue Cross in 22-4056, Microsoft Corporation; Microsoft Corporation Welfare Plan to extend time to file first brief on cross-appeal until 11/29/2022. Served on: 09/26/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-4056, 22-4061] AHC [Entered: 09/26/2022 04:10 PM] |
| [10941951] Filed notice record is complete. Served on 09/20/2022. Appellants consolidated brief and appendix due on 10/31/2022 for Premera Blue Cross, Microsoft Corporation and Microsoft Corporation Welfare Plan. [22-4056, 22-4061] [Entered: 09/20/2022 02:37 PM] |
| [10941519] Notice filed that the transcripts were filed by Mr. R. Edward Young in district court on 09/16/2022. Notice due that record is complete in 22-4056 & 22-4061 by 09/26/2022 for Gary P. Serdar, Clerk of Court. [22-4056, 22-4061] --[Edited 09/20/2022 by SLS to note this is a text only entry.] [Entered: 09/19/2022 09:03 AM] |
| [10930917] Transcript order form letter sent. Transcript order form now due 08/09/2022 for R. Edward Young. [22-4056] [Entered: 08/02/2022 11:06 AM] |
| [10931017] Transcript order form filed by Mr. R. Edward Young. Transcripts (7/14/22 motion for summary judgment hearing and 5/17/22 motion for attorneys fees hearing ) due 09/15/2022 for R. Edward Young. [22-4056] [Entered: 08/02/2022 02:13 PM] |
| [10927080] Order filed by Clerk of the Court consolidating appeals for preparation of appendix, briefing, oral argument (if granted), and submission. All appellants shall file a single, consolidated opening brief. Appellants shall also file a single, consolidated appendix. Appellees shall file a single, consolidated response brief and appellants shall file a single, consolidated reply brief. Please see attached order for additional information. Served on 07/15/2022. [22-4056, 22-4061] [Entered: 07/15/2022 11:57 AM] |
| [10926931] Entry of appearance submitted by Timothy C. Houpt and Mark D. Tolman for Not Parties Microsoft Corporation and Microsoft Corporation Welfare Plan for court review. Certificate of Interested Parties: No. Served on 07/14/2022. Manner of Service: email. [22-4056]--[Edited 07/14/2022 by JM PDF removed filed 7/14/22.] TCH [Entered: 07/14/2022 04:30 PM] |
| [10926938] Entry of appearance filed by Mr. Timothy C. Houpt and Mr. Mark D. Tolman for not parties Microsoft Corporation and Microsoft Corporation Welfare Plan. CERT. OF INTERESTED PARTIES: n. Served on 07/14/2022. Manner of Service: email [22-4056] [Entered: 07/14/2022 04:42 PM] |
| [10926281] Entry of appearance filed by Brian Smith King for L. S., M. S. and C. J. S. CERT. OF INTERESTED PARTIES: n. Served on 07/12/2022. Manner of Service: email [22-4056, 22-4061] [Entered: 07/13/2022 06:55 AM] |
| [10926289] Entry of appearance filed by Gwendolyn C. Payton for Premera Blue Cross and Microsoft Corporation and Microsoft Corporation Welfare Plan. CERT. OF INTERESTED PARTIES: y. Served on 07/13/2022. Manner of Service: email. [22-4056] [Entered: 07/13/2022 07:35 AM] |
| [10926473] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. ZoomGov conference scheduled for 07/27/2022 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. [22-4056]--[Edited 07/14/2022 by DM] [Entered: 07/13/2022 12:21 PM] |
| [10926248] Entry of appearance submitted by Brian S. King for Appellees C. J. S., L. S. and M. S. in 22-4056, 22-4061 for court review. Certificate of Interested Parties: No. Served on 07/12/2022. Manner of Service: email. [22-4056, 22-4061]--[Edited 07/13/2022 by DJD. Removed PDF as pleading filed 7/13/22] BSK [Entered: 07/12/2022 04:41 PM] |
| [10926256] Minute order filed - Transcript order form due 07/26/2022 for R. Edward Young. (Text Only - No Attachment) [22-4056] [Entered: 07/12/2022 04:50 PM] |
| [10926250] Acknowledgment of transcript order filed by C. J. S., L. S. and M. S. in 22-4056, 22-4061. Transcript ordered: Motion for Attorney Fees and Supplemental Proceedings held 5/17/22. Served on: 07/12/2022. Manner of Service: email. [22-4056, 22-4061] BSK [Entered: 07/12/2022 04:42 PM] |
| [10926261] Docketing statement filed by Premera Blue Cross. Served on 07/12/2022. Manner of Service: US mail. [22-4056] GCP [Entered: 07/12/2022 05:11 PM] |
| [10926257] Entry of appearance submitted by Gwendolyn C. Payton for Appellant Premera Blue Cross for court review. Certificate of Interested Parties: Yes. Served on 07/12/2022. Manner of Service: US mail. [22-4056]--[Edited 07/13/2022 by KLP to delete the attachment; entry filed.] GCP [Entered: 07/12/2022 04:53 PM] |
| [10925379] Minute order filed - Transcript order form due 07/22/2022 for R. Edward Young (07/14/2021 - Motion for Summary Judgment Hearing and 05/17/2022 - Motion for Attorney Fees & Supplemental Proceedings). (Text Only - No Attachment) [22-4056] [Entered: 07/08/2022 02:33 PM] |
| [10925372] Acknowledgment of transcript order filed by Premera Blue Cross. Transcript ordered: 07/14/2021 - Motion for Summary Judgment Hearing and 05/17/2022 - Motion for Attorney Fees & Supplemental Proceedings. Served on: 07/08/2022. Manner of Service: email. [22-4056] GCP [Entered: 07/08/2022 02:26 PM] |
| [10924579] Entry of appearance filed by Gwendolyn C. Payton for Premera Blue Cross. CERT. OF INTERESTED PARTIES: n. Served on 07/06/2022. Manner of Service: US mail, email. [22-4056] [Entered: 07/06/2022 02:39 PM] |
| [10924567] Entry of appearance submitted by Gwendolyn C. Payton for Appellant Premera Blue Cross in 22-4056 for court review. Certificate of Interested Parties: No. Served on 07/06/2022. Manner of Service: US mail. [22-4056] --[Edited 07/06/2022 by SLS to remove docket entry from 22-4061 and to remove PDF from docket entry as the document has been filed.] GCP [Entered: 07/06/2022 02:24 PM] |
| [10924233] Entry of appearance submitted by Adam H. Charnes for Appellant Premera Blue Cross in 22-4056 for court review. Certificate of Interested Parties: No. Served on 07/05/2022. Manner of Service: email. [22-4056]--[Edited 07/05/2022 by KLP to delete from 22-4061 and to delete the attachment; entry filed.] AHC [Entered: 07/05/2022 03:21 PM] |
| [10924254] Entry of appearance filed by Mr. Adam Howard Charnes for Premera Blue Cross. CERT. OF INTERESTED PARTIES: n. [22-4056] [Entered: 07/05/2022 03:48 PM] |
| [10922886] Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/28/2022 Docketing statement, transcript order form and notice of appearance due 07/12/2022 for Premera Blue Cross. Notice of appearance also due on 07/12/2022 for C. J. S., L. S. and M. S. [22-4056] [Entered: 06/28/2022 04:05 PM] |
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