Rachel Condry, et al v. UnitedHealth Group, Inc., et al
| RACHEL CARROLL, FELICITY BARBER, JANCE HOY, CHRISTINE ENDICOTT, LAURA BISHOP, on behalf of themselves and all others similarly situated and RACHEL CONDRY |
| UNITED HEALTHCARE INSURANCE COMPANY, UNITED HEALTHCARE SERVICES, INC., UMR, INC., UNITEDHEALTHCARE, INC. and UNITEDHEALTH GROUP, INC. |
| TERESA HARRIS |
| 20-16823 |
| September 21, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| RACHEL CONDRY V. UNITEDHEALTH GROUP, INC. |
Docket Report
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This docket was last retrieved on May 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 Filed (ECF) Acknowledgment of hearing notice by Attorney Kimberly Donaldson for Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Attorney Kimberly Donaldson for Appellants Rachel Condry, Jance Hoy, Felicity Barber, Rachel Carroll, Christine Endicott, Laura Bishop and Teresa Harris in 20-16857. Hearing in San Francisco on 07/26/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/18/2021. [12116052] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 05/18/2021 07:33 AM] |
| Filing 37 Filed (ECF) Acknowledgment of hearing notice by Attorney Raymond A. Cardozo for Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Attorney Raymond A. Cardozo for Appellees UnitedHealth Group, Inc., UnitedHealthcare, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc. and UMR, Inc. in 20-16857. Hearing in San Francisco on 07/26/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/17/2021. [12115228] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 05/17/2021 12:56 PM] |
| Filing 36 Notice of Oral Argument on Monday, July 26, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument will be held with all attorneys appearing remotely by video or telephone. The court strongly prefers video arguments whenever possible. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, July 26, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12114292]. [20-16823, 20-16857] (KS) [Entered: 05/16/2021 06:09 AM] |
| Filing 35 Received 3 paper copies of further excerpts of record [ # 31 ] in 1 volume(s) filed by appellees/cross-appellants. (sent to panel) [12084972] [20-16823, 20-16857] (LA) [Entered: 04/23/2021 11:57 AM] |
| Filing 34 Received 6 paper copies of Cross-Appeal Reply Brief [ # 30 ] filed by appellees/cross-appellants. (sent to panel). [12084751] [20-16823, 20-16857] (AML) [Entered: 04/23/2021 10:46 AM] |
| Filing 33 Filed clerk order: The further excerpts of record [ # 31 ] submitted by appellees/cross-appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12078623] [20-16823, 20-16857] (LA) [Entered: 04/19/2021 10:09 AM] |
| Filing 32 Filed clerk order: The cross-appeal reply brief [ # 30 ] submitted by appellees/cross-appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12078613] [20-16823, 20-16857] (LA) [Entered: 04/19/2021 10:04 AM] |
| Filing 31 Submitted (ECF) further excerpts of record. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 04/19/2021. [12078536] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 04/19/2021 09:36 AM] |
| Filing 30 Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 04/19/2021. [12078526] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 04/19/2021 09:32 AM] |
| Filing 29 Received 6 paper copies of Third Brief on Cross-Appeal [ # 25 ] filed by Appellants/Cross-Appellees. [12065415] [20-16823, 20-16857] (SD) [Entered: 04/06/2021 02:13 PM] |
| Filing 28 Received 3 paper copies of further excerpts of record [ # 26 ] in 1 volume(s) filed by Appellants/cross-appellees. [12065209] [20-16823, 20-16857] (KWG) [Entered: 04/06/2021 01:07 PM] |
| Filing 27 Filed clerk order: The third brief on cross-appeal [ # 25 ] submitted by appellants/cross-appellees is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: yellow. The further excerpts of record [ # 26 ] submitted by appellants/cross-appellees are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12057250] [20-16823, 20-16857] (LA) [Entered: 03/29/2021 04:54 PM] |
| Filing 26 Submitted (ECF) further excerpts of record. Submitted by Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Appellees UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16857. Date of service: 03/29/2021. [12056149] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 03/29/2021 10:22 AM] |
| Filing 25 Submitted (ECF) Third Brief on Cross-Appeal for review. Submitted by Appellants UnitedHealth Group, Inc., UnitedHealthcare, Inc., United Healthcare Services, Inc., United Healthcare Insurance Company and UMR, Inc. in 20-16823, Appellees UnitedHealth Group, Inc., UnitedHealthcare, Inc., United Healthcare Services, Inc., United Healthcare Insurance Company and UMR, Inc. in 20-16857. Date of service: 03/29/2021. [12056129] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 03/29/2021 10:17 AM] |
| Filing 24 Filed (ECF) Attorney Raymond A. Cardozo for Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Attorney Raymond A. Cardozo for Appellees UnitedHealth Group, Inc., UnitedHealthcare, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc. and UMR, Inc. in 20-16857 response to notice for case being considered for oral argument. Date of service: 03/23/2021. [12050492] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 03/23/2021 10:53 AM] |
| Filing 23 Filed (ECF) Attorney Kimberly Donaldson for Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Attorney Kimberly Donaldson for Appellants Rachel Condry, Jance Hoy, Felicity Barber, Rachel Carroll, Christine Endicott, Laura Bishop and Teresa Harris in 20-16857 response to notice for case being considered for oral argument. Date of service: 03/22/2021. [12049025] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 03/22/2021 11:56 AM] |
| Filing 22 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for July 2021 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12046109]. [20-16823, 20-16857] (KS) [Entered: 03/18/2021 01:31 PM] |
| Filing 21 Received 6 paper copies of Second Brief on Cross-Appeal [ # 18 ] filed by appellees/cross-appellants. [12030830] [20-16823, 20-16857] (SD) [Entered: 03/10/2021 11:44 AM] |
| Filing 20 Received 3 paper copies of supplemental excerpts of record [ # 17 ] in 5 volume(s) and index volume filed by Appellees/cross-appellants. [12029190] [20-16823, 20-16857] (KWG) [Entered: 03/09/2021 11:12 AM] |
| Filing 19 Filed clerk order: The second brief on cross-appeal [ # 18 ] submitted by appellees/cross-appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 17 ] submitted by appellees/cross-appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12022691] [20-16823, 20-16857] (LA) [Entered: 03/03/2021 10:42 AM] |
| Filing 18 Submitted (ECF) Second Brief on Cross-Appeal for review. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 02/26/2021. [12018853] [20-16823, 20-16857]--[COURT UPDATE: Attached corrected brief. 03/03/2021 by LA] (Donaldson, Kimberly) [Entered: 02/26/2021 11:57 PM] |
| Filing 17 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Jance Hoy and Teresa Harris in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 02/26/2021. [12018850] [20-16823, 20-16857]--[COURT UPDATE: Attached corrected excerpts. 03/03/2021 by LA] (Donaldson, Kimberly) [Entered: 02/26/2021 11:55 PM] |
| Filing 16 Entered appearance of Appellee Teresa Harris (omitted from the docket in error). [11975882] (JBS) [Entered: 01/22/2021 10:11 AM] |
| Filing 15 Streamlined request [14] by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Jance Hoy and Teresa Harris in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Jance Hoy and Teresa Harris in 20-16857 to extend time to file the brief is approved. Amended briefing schedule: Second brief on cross appeal due 02/26/2021 for Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Jance Hoy and Teresa Harris. Third brief on cross appeal due 03/29/2021 for UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc.. The optional cross appeal Reply brief is due within 21 days of service of the Third brief on cross appeal. [11975775] [20-16823, 20-16857]--[COURT UPDATE: Edited docket text to include Teresa Harris. 01/22/2021 by RY] (BG) [Entered: 01/22/2021 09:13 AM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Second Brief on Cross-Appeal by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Jance Hoy, and Teresa Harris in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Jance Hoy, and Teresa Harris in 20-16857. New requested due date is 02/25/2021. [11975082] [20-16823, 20-16857]--[COURT UPDATE: Edited docket text to reflect correct party filers (includes Teresa Harris). 01/22/2021 by RY] (Donaldson, Kimberly) [Entered: 01/21/2021 01:59 PM] |
| Filing 13 Received 6 paper copies of First Brief on Cross-Appeal [ # 9 ] filed by United Healthcare Services, Inc., et al. [11951852] [20-16823, 20-16857] (SD) [Entered: 01/04/2021 05:17 PM] |
| Filing 12 Received 3 paper copies of excerpts of record [ # 10 ] in 6 volume(s) and index volume filed by Appellants UnitedHealth Group, Inc. et al. [11951544] [20-16823, 20-16857] (KWG) [Entered: 01/04/2021 03:24 PM] |
| Filing 11 Filed clerk order: The first brief on cross-appeal [ # 9 ] submitted by UnitedHealth Group, Inc., et al. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 10 ] submitted by UnitedHealth Group, Inc., et al. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11947353] [20-16823, 20-16857] (LA) [Entered: 12/29/2020 11:22 AM] |
| Filing 10 Submitted (ECF) excerpts of record. Submitted by Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Appellees UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16857. Date of service: 12/28/2020. [11946823] [20-16823, 20-16857]--[COURT UPDATE: Attached corrected PDF of Vol 5. 12/29/2020 by LA] (Cardozo, Raymond) [Entered: 12/28/2020 10:25 PM] |
| Filing 9 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Appellees UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16857. Date of service: 12/28/2020. [11946788] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 12/28/2020 08:55 PM] |
| Filing 8 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeals are pending. [11871939] [20-16823, 20-16857] (BLS) [Entered: 10/26/2020 02:58 PM] |
| Filing 7 MEDIATION ORDER FILED: By 10/16/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11846425] [20-16823, 20-16857] (BLS) [Entered: 10/02/2020 08:39 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 10/01/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11844826]. [20-16823] (AD) [Entered: 10/01/2020 06:44 PM] |
| Filing 5 Filed (ECF) Appellees Jance Hoy, Christine Endicott, Rachel Condry, Rachel Carroll, Laura Bishop and Felicity Barber in 20-16823, Appellants Jance Hoy, Christine Endicott, Rachel Condry, Rachel Carroll, Laura Bishop and Felicity Barber in 20-16857 Mediation Questionnaire. Date of service: 10/01/2020. [11844379] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 10/01/2020 03:23 PM] |
| Filing 4 The Mediation Questionnaire for this case was filed on 09/25/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11837935]. [20-16823] (AD) [Entered: 09/25/2020 06:44 PM] |
| Filing 3 Filed (ECF) Appellants UnitedHealth Group, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealthcare, Inc. and UMR, Inc. Mediation Questionnaire. Date of service: 09/25/2020. [11837241] [20-16823] --[COURT UPDATE: Spread to case 20-16857. 9/28/2020 by TYL] (Cardozo, Raymond) [Entered: 09/25/2020 01:40 PM] |
| Filing 2 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy Mediation Questionnaire due on 10/01/2020. First cross appeal brief due 12/28/2020 for UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc.. Second brief on cross appeal due 01/27/2021 for Third brief on cross appeal due 03/01/2021 for UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. The optional cross appeal Reply brief for Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy is due within 21 days of service of the Third brief on cross appeal. [11835336] [20-16857, 20-16823] (RT) [Entered: 09/24/2020 09:23 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. Mediation Questionnaire due on 09/28/2020. Transcript ordered by 10/19/2020. Transcript due 11/17/2020. Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. opening brief due 12/28/2020. Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy answering brief due 01/27/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11830503] (JBS) [Entered: 09/21/2020 10:43 AM] |
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