ABC Services Group, Inc. v. Aetna Health & Life Ins. Co., et al
| ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY BLUE CROSS OF CALIFORNIA, INC., BLUE CROSS AND BLUE SHIELD OF KANSAS CITY, HUMANA BEHAVIORAL HEALTH, INC., COVENTRY HEALTH CARE, INC., PROVIDENCE HEALTH ASSURANCE, HEALTH CARE SERVICE CORPORATION, BEACON HEALTH OPTIONS OF CALIFORNIA, INC., GOLDEN RULE INSURANCE COMPANY, HUMANA HEALTH PLAN OF TEXAS, INC., HUMANA HEALTH BENEFIT PLAN OF LOUISIANA, INC., UNITED HEALTHCARE SERVICES INC., OPTUM SERVICES, INC., HEALTH NET LIFE INSURANCE COMPANY, MEDICAL MUTUAL OF OHIO, UNITED MEDICAL RESOURCES, INC., HUMANA INSURANCE COMPANY, BLUE CROSS AND BLUE SHIELD OF ALABAMA, USABLE MUTUAL INSURANCE COMPANY, CONNECTICARE, INC., VALUEOPTIONS FEDERAL SERVICES, INC., HUMANA INC., MHNET SPECIALTY SERVICES LLC, AETNA HEALTH AND LIFE INSURANCE COMPANY, HEALTH NET, INC., SCOTT AND WHITE HEALTHCARE, VALUEOPTIONS OF CALIFORNIA,, FIRST HEALTH GROUP CORPORATION, CIGNA HEALTHCARE OF CALIFORNIA, INC., BEACON HEALTH OPTIONS, INC., CIGNA HEALTH AND LIFE INSURANCE COMPANY, SCOTT AND WHITE CARE PLANS, SCOTT AND WHITE HEALTH PLAN, HEALTH NET OF CALIFORNIA, INC., BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., BLUECROSS BLUESHIELD OF TENNESSEE INC., HUMANA HEALTH PLAN OF CALIFORNIA INC., BEACON HEALTH STRATEGIES, LLC, PROVIDENCE HEALTH & SERVICES, MERITAIN HEALTH, INC., UNITED BEHAVIORAL HEALTH, MOLINA HEALTHCARE OF CALIFORNIA, INC., HMC HEALTHWORKS, INC., SIERRA HEALTH AND LIFE COMPANY, AMERIHEALTH INSURANCE COMPANY OF NEW JERSEY, MOLINA HEALTHCARE, INC., HUMANA EMPLOYERS HEALTH PLAN OF GEORGIA, INC., BLUE SHIELD OF CALIFORNIA LIFE AND HEALTH INSURANCE COMPANY CALIFORNIA PHYSICIANS SERVICE, PROVIDENCE HEALTH PLAN, CIGNA BEHAVIORAL HEALTH OF CALIFORNIA, INC., PACIFICSOURCE HEALTH PLANS, BLUE CROSS AND BLUE SHIELD OF MISSISSIPPI, ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY, BLUE SHIELD OF CALIFORNIA LIFE & HEALTH INSURANCE COMPANY, MEDICAL MUTUAL SERVICES, LLC, CALIFORNIA PHYSICIANS' SERVICE and BLUE CROSS OF CALIFORNIA, INC. |
| ABC SERVICES GROUP, INC., in its capacity as assignee for the benefit of creditors for Morningside Recovery, LLC, |
| 20-55821 |
| August 11, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ABC SERVICES GROUP, INC. V. AETNA HEALTH & LIFE INS. CO. |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 98 Filed (ECF) Attorney Benjamin H. McCoy, Esquire for Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC response to notice for case being considered for oral argument. Date of service: 06/11/2021. [12141503] [20-55821] (McCoy, Benjamin) [Entered: 06/11/2021 09:14 AM] |
| Filing 97 Filed (ECF) Attorney Mr. Craig Boyd Garner for Appellant ABC Services Group, Inc. response to notice for case being considered for oral argument. Date of service: 06/11/2021. [12141292] [20-55821] (Garner, Craig) [Entered: 06/11/2021 12:15 AM] |
| Filing 96 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company and Blue Cross of California, Inc. response to notice for case being considered for oral argument. Date of service: 06/10/2021. [12140517] [20-55821] (Allison, Steven) [Entered: 06/10/2021 12:59 PM] |
| Filing 95 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 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).[12139946]. [20-55821] (KS) [Entered: 06/10/2021 08:51 AM] |
| Filing 94 Filed clerk order: The redacted further excerpts of record, volume 3 and 11, [ # 93 ] submitted by ABC Services Group, Inc. are filed. No paper copies of the redacted excerpts are required. [12124829] (KWG) [Entered: 05/26/2021 08:44 AM] |
| Filing 93 Submitted (ECF) further excerpts of record. Submitted by Appellant ABC Services Group, Inc.. Date of service: 05/25/2021. [12124569] [20-55821] (Garner, Craig) [Entered: 05/25/2021 04:47 PM] |
| Filing 92 Received 3 paper copies of further excerpts of record [ # 86 ], [87] in 15 volume(s) (Volumes 3-11 UNDER SEAL) and index volume filed by Appellant ABC Services Group, Inc.. [12117016] (KWG) [Entered: 05/18/2021 02:26 PM] |
| Filing 91 Received 7 paper copies of Reply Brief [ # 68 ] filed by ABC Services Group, Inc.. [12116436] (AML) [Entered: 05/18/2021 10:51 AM] |
| Filing 90 Added Attorney(s) April N. Ross for party(s) Appellee United Healthcare Services Inc. Appellee Sierra Health and Life Company Appellee United Behavioral Health Appellee Golden Rule Insurance Company Appellee United Medical Resources, Inc. Appellee Optum Services, Inc., in case 20-55821. [12114967] (DJV) [Entered: 05/17/2021 10:58 AM] |
| Filing 89 Filed (ECF) notice of appearance of April N. Ross (Crowell & Moring LLP, 1001 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2595) for Appellees Golden Rule Insurance Company, Sierra Health and Life Company, Optum Services, Inc., United Medical Resources, Inc., United Behavioral Health and United Healthcare Services Inc.. Date of service: 05/17/2021. (Party was previously proceeding with counsel.) [12114932] [20-55821] (Ross, April) [Entered: 05/17/2021 10:46 AM] |
| Filing 88 Filed clerk order: The reply brief [ # 68 ] submitted by ABC Services Group, Inc. 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 further excerpts of record [ # 86 ], [87] submitted by ABC Services Group, Inc. are filed. Volumes 3-11 of the excerpts are filed UNDER SEAL. 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. [12111210] (LA) [Entered: 05/12/2021 04:53 PM] |
| Filing 87 Submitted (ECF) UNDER SEAL further excerpts of record Vol 3-11. Submitted by Appellant ABC Services Group, Inc.. Date of service: 03/29/2021. (Court-entered filing, excerpts of record originally submitted in [67].) [12111114] (WL) [Entered: 05/12/2021 04:14 PM] |
| Filing 86 Submitted (ECF) further excerpts of record Vol 1, 2, 12-15. Submitted by Appellant ABC Services Group, Inc.. Date of service: 03/29/2021. (Court-entered filing, excerpts of record originally submitted in [67].) [12111108] (WL) [Entered: 05/12/2021 04:11 PM] |
| Filing 85 Filed order (Interim Appellate Commissioner): Appellant filed a notice of intent to file publicly Volumes 1 through 15 of the further excerpts of record (Docket Entry No. [67]). See 9th Cir. R. 27-13(f). Subject to reconsideration by the panel that decides the merits, the opposed motion (Docket Entry No. [79]) by appellees Humana Behavioral Health, Inc., Humana Health Plan of California, Inc., Humana Inc., Humana Insurance Company, Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of Texas, Inc. to maintain portions of the further excerpts of record under seal is granted. The Clerk will unseal the notice (Docket Entry No. [67]-1) and motion (Docket Entry No. [79]), and file publicly the reply brief (Docket Entry No. [ # 68 ]) and Volumes 1, 2, and 12 through 15 of the further excerpts of record (Docket Entry No. [67]-2 through [67]-4 and [67]-14 through [67]-17). The Clerk will file under seal Volumes 3 through 11 of the further excerpts of record (Docket Entry No. [67]-5 through [67]-13). Within 21 days of this order, appellant must submit for public filing redacted versions of original Volumes 3 and 11 of the further excerpts of record, omitting pages 648 through 814 of Volume 3 and pages 2780 to 2801 of Volume 11 as described in appellees motion to seal. The page numbering of the documents in the public volumes must remain the same as in the original volumes. Briefing is complete.[12111040] (WL) [Entered: 05/12/2021 03:51 PM] |
| Filing 84 Filed Appellees Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc. and Humana Insurance Company motion to maintain documents UNDER SEAL. Deficiencies: None. Served on 04/21/2021. (Court-entered filing of motion submitted under seal at [79]) [12111030] (WL) [Entered: 05/12/2021 03:48 PM] |
| Filing 83 Filed (ECF) notice of filing document ([67]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant ABC Services Group, Inc.. Date of service: 03/29/2021. (Court-entered filing) [12111017] (WL) [Entered: 05/12/2021 03:45 PM] |
| Filing 82 Filed (ECF) Appellees Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc. and Humana Insurance Company reply to response (). Date of service: 05/07/2021. [12105614] [20-55821] (Alberts, Ronald) [Entered: 05/07/2021 10:16 AM] |
| Filing 81 Terminated Daniel M. Glassman for United Medical Resources, Inc., United Healthcare Services Inc., United Behavioral Health, Sierra Health and Life Company, Optum Services, Inc. and Golden Rule Insurance Company in 20-55821 (due to incorrect ECF account information). [12102901] (SLM) [Entered: 05/05/2021 12:06 PM] |
| Filing 80 Filed (ECF) Appellant ABC Services Group, Inc. response to motion (motion to maintain document under seal). Date of service: 05/03/2021. [12099078] [20-55821] --[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 5/6/2021 by TYL] (Garner, Craig) [Entered: 05/03/2021 01:19 AM] |
| Filing 79 Filed (ECF) UNDER SEAL Appellees Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc. and Humana Insurance Company motion to maintain document under seal. Date of service: 04/21/2021. [12081779] [20-55821] (Alberts, Ronald) [Entered: 04/21/2021 08:46 AM] |
| Filing 78 Filed (ECF) Appellees Blue Cross and Blue Shield of Kansas, Inc., Blue Cross and Blue Shield of Mississippi and USAble Mutual Insurance Company Correspondence: Rescinding of the Form 32 filed on behalf of appellees Blue Cross and Blue Shield of Kansas, Inc., Blue Cross and Blue Shield of Mississippi, and USAble Mutual Insurance Company. Date of service: 04/16/2021 [12077041] [20-55821] (Naranjo, Michael) [Entered: 04/16/2021 10:56 AM] |
| Filing 77 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company and Blue Cross of California, Inc. response to notice for case being considered for oral argument. Date of service: 04/16/2021. [12076779] [20-55821] (Allison, Steven) [Entered: 04/16/2021 09:30 AM] |
| Filing 76 Filed (ECF) Attorney Benjamin H. McCoy, Esquire for Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC response to notice for case being considered for oral argument. Date of service: 04/15/2021. [12076071] [20-55821] (McCoy, Benjamin) [Entered: 04/15/2021 02:58 PM] |
| Filing 75 Filed (ECF) Appellees Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc. and Humana Insurance Company Correspondence: Rescinding of the Form 32 filed on behalf of the Humana Appellees.. Date of service: 04/15/2021 [12075791] [20-55821] (Alberts, Ronald) [Entered: 04/15/2021 01:07 PM] |
| Filing 74 Filed (ECF) Attorney Michael A. Naranjo for Appellees Blue Cross and Blue Shield of Kansas, Inc., Blue Cross and Blue Shield of Mississippi and USAble Mutual Insurance Company response to notice for case being considered for oral argument. Date of service: 04/15/2021. [12075088] [20-55821] (Naranjo, Michael) [Entered: 04/15/2021 08:40 AM] |
| Filing 73 Filed (ECF) Attorney Mr. Ronald Keith Alberts for Appellees Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc. and Humana Insurance Company response to notice for case being considered for oral argument. Date of service: 04/13/2021. [12072943] [20-55821] (Alberts, Ronald) [Entered: 04/13/2021 03:06 PM] |
| Filing 72 Filed (ECF) Attorney Mr. Craig Boyd Garner for Appellant ABC Services Group, Inc. response to notice for case being considered for oral argument. Date of service: 04/13/2021. [12072737] [20-55821] (Garner, Craig) [Entered: 04/13/2021 01:41 PM] |
| Filing 71 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 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).[12072006]. [20-55821] (KS) [Entered: 04/13/2021 08:51 AM] |
| Filing 70 Filed (ECF) Appellant ABC Services Group, Inc. Supplemental Motion to take judicial notice of. Date of service: 03/29/2021. [12055722] [20-55821] (Garner, Craig) [Entered: 03/29/2021 12:42 AM] |
| Filing 69 Filed (ECF) Appellant ABC Services Group, Inc. reply to response (). Date of service: 03/29/2021. [12055721] [20-55821] (Garner, Craig) [Entered: 03/29/2021 12:38 AM] |
| Filing 68 Submitted (ECF) Reply Brief for review. Submitted by Appellant ABC Services Group, Inc.. Date of service: 03/29/2021. [12055720] [20-55821]--[COURT UPDATE: Attached corrected brief. 03/30/2021 by LA] (Garner, Craig) [Entered: 03/29/2021 12:32 AM] |
| Filing 67 Filed (ECF) UNDER SEAL Appellant ABC Services Group, Inc. notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 03/29/2021. [12055719] [20-55821]--[COURT UPDATE: Attached corrected excerpts and notice. 03/30/2021 by LA] (Garner, Craig) [Entered: 03/29/2021 12:26 AM] |
| Filing 66 Streamlined request [65] by Appellant ABC Services Group, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 04/09/2021. [12024348] (BG) [Entered: 03/04/2021 12:10 PM] |
| Filing 65 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant ABC Services Group, Inc.. New requested due date is 04/08/2021. [12023699] [20-55821] (Garner, Craig) [Entered: 03/04/2021 12:50 AM] |
| Filing 64 Received 6 paper copies of Answering Brief [ # 59 ] filed by Appellees. [12012243] (SD) [Entered: 02/22/2021 03:13 PM] |
| Filing 63 Received 3 paper copies of supplemental excerpts of record [ # 60 ] in 4 volume(s) and index volume filed by Appellees. [12011824] (KWG) [Entered: 02/22/2021 01:39 PM] |
| Filing 62 Filed clerk order: The answering brief [ # 59 ] submitted by 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: red. The supplemental excerpts of record [ # 60 ] submitted by 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. [12007307] (LA) [Entered: 02/17/2021 04:28 PM] |
| Filing 61 Filed (ECF) Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC response opposing motion ([ # 32 ] Motion (ECF Filing), [ # 32 ] Motion (ECF Filing)). Date of service: 02/16/2021. [12004560] [20-55821] (McCoy, Benjamin) [Entered: 02/16/2021 01:47 PM] |
| Filing 60 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC. Date of service: 02/16/2021. [12004508] [20-55821]--[COURT UPDATE: Attached corrected excerpts. 02/17/2021 by LA] (McCoy, Benjamin) [Entered: 02/16/2021 01:35 PM] |
| Filing 59 Submitted (ECF) Answering Brief for review. Submitted by Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., Meritain Health, Inc., First Health Group Corporation and MHNet Specialty Services LLC. Date of service: 02/16/2021. [12004354] [20-55821]--[COURT UPDATE: Attached corrected brief. 02/17/2021 by LA] (McCoy, Benjamin) [Entered: 02/16/2021 12:58 PM] |
| Filing 58 Filed (ECF) Appellee HMC Healthworks, Inc. Correspondence: Notice of Conversion of Party to Delaware Limited Liability Company and Change of Name. Date of service: 02/02/2021 [11989532] [20-55821] (Jacob, Rodney) [Entered: 02/02/2021 10:10 AM] |
| Filing 57 Added Attorney(s) Marlee Waxelbaum for party(s) Appellee Blue Cross of California, Inc. Appellee Anthem Blue Cross Life and Health Insurance Company, in case 20-55821. [11983113] (RR) [Entered: 01/27/2021 11:40 AM] |
| Filing 56 Filed (ECF) notice of appearance of Marlee Waxelbaum (Troutman Pepper Hamilton Sanders LLP, 5 Park Plaza, Suite 1400, Irvine, CA 92614) for Appellees Anthem Blue Cross Life and Health Insurance Company and Blue Cross of California, Inc.. Date of service: 01/26/2021. (Party was previously proceeding with counsel.) [11982555] [20-55821] (Waxelbaum, Marlee) [Entered: 01/26/2021 05:44 PM] |
| Filing 55 Added Attorney(s) Medora A. Marisseau for party(s) Appellee Providence Health & Services Appellee Providence Health Plan Appellee Providence Health Assurance, in case 20-55821. [11930589] (RR) [Entered: 12/16/2020 06:04 PM] |
| Filing 54 Filed (ECF) notice of appearance of Medora A. Marisseau (Karr Tuttle Campbell, 701 5th Avenue, Suite 3300, Seattle WA ,98104) for Appellees Providence Health Plan, Providence Health Assurance and Providence Health & Services. Date of service: 12/16/2020. (Party was previously proceeding with counsel.) [11930505] [20-55821] (Marisseau, Medora) [Entered: 12/16/2020 04:46 PM] |
| Filing 53 Filed clerk order (Deputy Clerk: TAH): The unopposed motion (Docket Entry No. [ # 44 ]) filed by appellees Anthem Blue Cross Life and Health Insurance Company and Blue Cross of California, Inc., on behalf of all appellees for an extension of time to file the answering brief and response to the appellants motion for judicial notice (Docket Entry No. [ # 32 ]) is granted. The appellees answering briefs and responses to the motion for judicial notice are due February 16, 2021. The appellants optional reply brief is due within 21 days after service of the last-served answering brief. [11912215] (WL) [Entered: 12/02/2020 10:13 AM] |
| Filing 52 Updated docket to reflect correct parties (Anthem Blue Cross Life and Health Insurance Company & Blue Cross of California, Inc.). [11911711] (TYL) [Entered: 12/01/2020 05:00 PM] |
| Filing 51 Filed (ECF) Appellee Anthem Blue Cross Life and Health Insurance Company Blue Cross of California, Inc. Correspondence: Letter clarifying the Appellees whom Troutman Pepper represents in the above-captioned appeal. Date of service: 12/01/2020 [11911650] [20-55821] --[COURT UPDATE: Docket updated. 12/1/2020 by TYL] (Allison, Steven) [Entered: 12/01/2020 04:31 PM] |
| Filing 50 Filed (ECF) Appellees Medical Mutual of Ohio and Medical Mutual Services, LLC Joint Motion to extend time to file Answering brief until 02/16/2021 and Response joining motion ([ # 44 ] Motion (ECF Filing), [ # 44 ] Motion (ECF Filing)). Date of service: 12/01/2020. [11911491] [20-55821] (Yoo, Sung-Min) [Entered: 12/01/2020 03:36 PM] |
| Filing 49 Added Attorney(s) Christopher C. Koehler for party(s) Appellee Medical Mutual Services, LLC Appellee Medical Mutual of Ohio, in case 20-55821. [11909395] (CW) [Entered: 11/30/2020 01:25 PM] |
| Filing 48 Added Attorney(s) Gregory R. Farkas for party(s) Appellee Medical Mutual Services, LLC Appellee Medical Mutual of Ohio, in case 20-55821. [11909356] (CW) [Entered: 11/30/2020 01:12 PM] |
| Filing 47 Filed (ECF) notice of appearance of Gregory R. Farkas (Frantz Ward LLP 200 Public Square, Suite 3000 Cleveland, Ohio 44114) for Appellees Medical Mutual of Ohio and Medical Mutual Services, LLC. Date of service: 11/30/2020. (Party was previously proceeding with counsel.) [11909084] [20-55821] (Farkas, Gregory) [Entered: 11/30/2020 11:36 AM] |
| Filing 46 Filed (ECF) notice of appearance of Christopher C. Koehler (Frantz Ward LLP 200 Public Square, Suite 3000 Cleveland, Ohio 44114) for Appellees Medical Mutual of Ohio and Medical Mutual Services, LLC. Date of service: 11/30/2020. (Party was previously proceeding with counsel.) [11909075] [20-55821] (Koehler, Christopher) [Entered: 11/30/2020 11:31 AM] |
| Filing 45 Added Attorney(s) Michael E. Smith for party(s) Appellee Medical Mutual Services, LLC Appellee Medical Mutual of Ohio, in case 20-55821. [11906288] (RR) [Entered: 11/25/2020 10:18 AM] |
| Filing 44 Filed (ECF) Appellee Anthem Blue Cross Life and Health Insurance Company Blue Cross of California, Inc. Motion to extend time to file Answering brief until 02/16/2021. Date of service: 11/25/2020. [11906158] [20-55821] (Allison, Steven) [Entered: 11/25/2020 09:18 AM] |
| Filing 43 Terminated Appellees Blue Shield of California Life & Health Insurance Company and California Physicians' Service in 20-55821 [11906121] (WL) [Entered: 11/25/2020 08:52 AM] |
| Filing 42 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 38 ]) for voluntary dismissal is granted. This appeal is dismissed as to appellees California Physicians Service and Blue Shield of California Life & Health Insurance Company only. Fed. R. App. P. 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court as to the noted appellees only. The remainder of the briefing schedule is unchanged as to the remaining parties. [11906118] (WL) [Entered: 11/25/2020 08:51 AM] |
| Filing 41 Filed (ECF) notice of appearance of Michael E. Smith (Frantz Ward LLP 200 Public Square, Suite 3000 Cleveland, Ohio 44114) for Appellees Medical Mutual of Ohio and Medical Mutual Services, LLC. Date of service: 11/24/2020. (Party was previously proceeding with counsel.) [11905906] [20-55821] (Smith, Michael) [Entered: 11/24/2020 08:08 PM] |
| Filing 40 COURT UPDATE (Updating parties to match the District Court): Entered appearance of Appellee California Physicians' Service. [11905801] (TYL) [Entered: 11/24/2020 04:36 PM] |
| Filing 39 Entered appearance of Appellee Medical Mutual Services, LLC. [11904659] (BY) [Entered: 11/24/2020 09:26 AM] |
| Filing 38 Filed (ECF) Appellant ABC Services Group, Inc. Motion to dismiss party from case. Date of service: 11/19/2020. [11900330] [20-55821] (Garner, Craig) [Entered: 11/19/2020 11:43 PM] |
| Filing 37 Received 6 paper copies of Opening Brief [ # 30 ] filed by ABC Services Group, Inc.. [11900226] (SD) [Entered: 11/19/2020 05:20 PM] |
| Filing 36 Received 3 paper copies of excerpts of record [ # 31 ] in 4 volume(s) filed by Appellant ABC Services Group, Inc. [11899756] (LA) [Entered: 11/19/2020 02:49 PM] |
| Filing 35 Added Attorney(s) Krista Hernandez for party(s) Appellee AmeriHealth Insurance Company of New Jersey, in case 20-55821. [11896810] (RR) [Entered: 11/17/2020 11:24 PM] |
| Filing 34 Filed (ECF) notice of appearance of Krista Leigh Hernandez (Doll Amir & Eley LLP, 725 South Figueroa Street, Suite 3275, Los Angeles, California 90017) for Appellee AmeriHealth Insurance Company of New Jersey. Date of service: 11/17/2020. (Party was previously proceeding with counsel.) [11896413] [20-55821] (Hernandez, Krista) [Entered: 11/17/2020 03:30 PM] |
| Filing 33 Filed clerk order: The opening brief [ # 30 ] submitted by ABC Services Group, Inc. 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 [ # 31 ] submitted by ABC Services Group, Inc. 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. [11894050] (LA) [Entered: 11/16/2020 12:09 PM] |
| Filing 32 Filed (ECF) Appellant ABC Services Group, Inc. Motion to take judicial notice of orders and pleading from United Healthcare Action, transcript and audio recording from New Method Wellness Appeal. Date of service: 11/16/2020. [11894049]--[COURT ENTERED FILING to correct entry [ # 30 ].] (LA) [Entered: 11/16/2020 12:07 PM] |
| Filing 31 Submitted (ECF) excerpts of record. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/16/2020. [11893334] [20-55821] (Garner, Craig) [Entered: 11/16/2020 12:49 AM] |
| Filing 30 Submitted (ECF) Opening Brief for review. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/16/2020. [11893333] [20-55821]--[COURT UPDATE: Removed motion (refiled in correct entry [ # 32 ]). 11/16/2020 by LA] (Garner, Craig) [Entered: 11/16/2020 12:44 AM] |
| Filing 29 Added Attorney(s) Raul L. Martinez for party(s) Appellee ValueOptions Federal Services, Inc. Appellee ValueOptions of California,, in case 20-55821. [11891347] (RR) [Entered: 11/12/2020 05:23 PM] |
| Filing 28 Filed (ECF) notice of appearance of Raul L. Martinez (Lewis Brisbois Bisgaard & Smith LLP, 633 W. 5th Street, Suite 4000, Los Angeles, California 90071) for Appellees ValueOptions Federal Services, Inc. and ValueOptions of California,. Date of service: 11/12/2020. (Party was previously proceeding with counsel.) [11891080] [20-55821] (Martinez, Raul) [Entered: 11/12/2020 04:01 PM] |
| Filing 27 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 appeal is pending. [11861221] (CL) [Entered: 10/16/2020 09:11 AM] |
| Filing 26 Terminated Appellees Connecticare, Inc., Health Net Life Insurance Company, Health Net of California, Inc. and Health Net, Inc. in 20-55821 [11834917] (WL) [Entered: 09/23/2020 04:42 PM] |
| Filing 25 Filed clerk order (Deputy Clerk: SSR): Appellants unopposed motions (Docket Entry Nos. [ # 19 ] & [ # 23 ]) to voluntarily dismiss certain appellees are granted in part. This appeal is dismissed as to appellees Health Net of California, Inc., Health Net, Inc., Health Net Life Insurance Company, Health Net Health Plan of Oregon, Inc., Health Net of Arizona, Inc., and ConnectiCare, Inc. only. Fed. R. App. P. 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court as to the above-mentioned appellees only. Appellants motion (Docket Entry No. [ # 19 ]) is denied as unnecessary as to Centene Corporation because Centene Corporation is not a party to this appeal. The appeal shall continue as to the remaining parties. The opening brief remains due November 17, 2020. The answering briefs are due December 17, 2020. The optional reply brief is due within 21 days after service of the last-served answering brief. All parties on a side are encouraged to join in a single brief to the extent practicable. See Circuit Advisory Committee Note to 9th Cir. R. 32-2. [11834912] (WL) [Entered: 09/23/2020 04:38 PM] |
| Filing 24 Added Attorney(s) Joanna Sobol McCallum for party(s) Appellee Health Net Life Insurance Company Appellee Health Net of California, Inc. Appellee Blue Shield of California Life and Health Insurance Company California Physicians Service Appellee Health Net, Inc., in case 20-55821. [11827199] (RR) [Entered: 09/17/2020 09:22 AM] |
| Filing 23 Filed (ECF) Appellant ABC Services Group, Inc. Unopposed Motion to dismiss party from case. Date of service: 09/17/2020. [11827082] [20-55821] (Garner, Craig) [Entered: 09/17/2020 07:26 AM] |
| Filing 22 Filed (ECF) notice of appearance of Joanna Sobol McCallum (Manatt, Phelps & Phillips, LLP, 2049 Century Park East, 17th Fl., Los Angeles, CA 90067) for Appellees Blue Shield of California Life and Health Insurance Company California Physicians Service, Health Net Life Insurance Company, Health Net of California, Inc. and Health Net, Inc.. Date of service: 09/16/2020. (Party was previously proceeding with counsel.) [11826517] [20-55821] (McCallum, Joanna) [Entered: 09/16/2020 02:26 PM] |
| Filing 21 Filed (ECF) notice of appearance of Ileana Maria Hernandez (Manatt, Phelps & Phillips, LLP, 2049 Century Park East, Suite 1700, Los Angeles, CA 90067) for Appellees Blue Shield of California Life and Health Insurance Company California Physicians Service, Health Net Life Insurance Company, Health Net of California, Inc. and Health Net, Inc.. Substitution for Attorney Ileana Maria Hernandez for Appellees Blue Shield of California Life and Health Insurance Company California Physicians Service, Health Net Life Insurance Company, Health Net of California, Inc. and Health Net, Inc.. Date of service: 09/15/2020. (Party was previously proceeding with counsel.) [11824892] [20-55821] (Hernandez, Ileana) [Entered: 09/15/2020 02:03 PM] |
| Filing 20 Mail returned on 09/14/2020 addressed to Mr. Francis X. Manning, Esquire for AmeriHealth Insurance Company of New Jersey, re: 08/12/2020 Case Opening Information [ # 1 ]. Returned envelope notes: Return to sender, not deliverable as addressed, unable to forward. Resending to: case files; counsel is registered for electronic noticing. [11823102] (JBS) [Entered: 09/14/2020 03:10 PM] |
| Filing 19 Filed (ECF) Appellant ABC Services Group, Inc. Unopposed Motion to dismiss party from case. Date of service: 09/03/2020. [11812337] [20-55821] (Garner, Craig) [Entered: 09/03/2020 12:17 PM] |
| Filing 18 MEDIATION ORDER FILED: By 09/17/2020, 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. [11812306] (CL) [Entered: 09/03/2020 12:01 PM] |
| Filing 17 Added Attorney(s) Colin D. Dougherty for party(s) Appellee Coventry Health Care, Inc. Appellee First Health Group Corporation Appellee Aetna Health and Life Insurance Company Appellee Meritain Health, Inc. Appellee MHNet Specialty Services LLC, in case 20-55821. [11810503] (RR) [Entered: 09/02/2020 10:02 AM] |
| Filing 16 Filed (ECF) notice of appearance of Colin D. Dougherty (Fox Rothschild LLP, 10 Sentry Parkway, Suite 200, P.O. Box 3001, Blue Bell, PA 19422-3001) for Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC. Date of service: 09/02/2020. (Party was previously proceeding with counsel.) [11810239] [20-55821] (Dougherty, Colin) [Entered: 09/02/2020 06:50 AM] |
| Filing 15 Added Attorney(s) Benjamin H. McCoy for party(s) Appellee Coventry Health Care, Inc. Appellee First Health Group Corporation Appellee Aetna Health and Life Insurance Company Appellee Meritain Health, Inc. Appellee MHNet Specialty Services LLC, in case 20-55821. [11809684] (RR) [Entered: 09/01/2020 02:28 PM] |
| Filing 14 Filed (ECF) notice of appearance of Benjamin H. McCoy (Fox Rothschild LLP, 10 Sentry Parkway, Suite 200, P.O. Box 3001, Blue Bell, PA 19422-3001) for Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, Meritain Health, Inc. and MHNet Specialty Services LLC. Date of service: 09/01/2020. (Party was previously proceeding with counsel.) [11809558] [20-55821] (McCoy, Benjamin) [Entered: 09/01/2020 01:32 PM] |
| Filing 13 COURT CORRECTION: Entered appearance of Appellee Blue Cross and Blue Shield of Mississippi. [11808464] (SLM) [Entered: 08/31/2020 04:32 PM] |
| Filing 12 Added Attorney(s) Michelle Elaine Robberson for party(s) Appellee Scott and White Healthcare Appellee Scott and White Care Plans Appellee Scott and White Health Plan. [11799726] (RL) [Entered: 08/24/2020 10:31 AM] |
| Filing 11 Filed (ECF) notice of appearance of Michelle E. Robberson (Cooper & Scully, P.C., 900 Jackson Street, Suite 100, Dallas, Texas 75202) for Appellees Scott and White Health Plan, Scott and White Care Plans and Scott and White Healthcare. Date of service: 08/24/2020. (Party was previously proceeding with counsel.) [11799586] [20-55821] (Robberson, Michelle) [Entered: 08/24/2020 09:54 AM] |
| Filing 10 Filed (ECF) notice of appearance of John J. Shaeffer (Fox Rothschild LLP, 10250 Constellation Blvd., Suite 900, Los Angeles, CA 90067) for Appellees Aetna Health and Life Insurance Company, Coventry Health Care, Inc., First Health Group Corporation, MHNet Specialty Services LLC and Meritain Health, Inc.. Date of service: 08/20/2020. (Party was previously proceeding with counsel.) [11795920] [20-55821] (Shaeffer, John) [Entered: 08/20/2020 08:18 AM] |
| Filing 9 COURT CORRECTION: Added to docket in error. Terminated Stephanie Phan for United Medical Resources, Inc., United Healthcare Services Inc., United Behavioral Health, Sierra Health and Life Company, Optum Services, Inc. and Golden Rule Insurance Company in 20-55821 [11795493] (SLM) [Entered: 08/19/2020 04:17 PM] |
| Filing 8 Added Attorney(s) Raymond A. Cardozo for party(s) Appellee Health Care Service Corporation Appellee Blue Cross and Blue Shield of Kansas City Appellee Molina Healthcare of California, Inc. Appellee Molina Healthcare, Inc., in case 20-55821. [11795443] (RR) [Entered: 08/19/2020 03:59 PM] |
| Filing 7 Added Attorney(s) Bridget B. Vick for party(s) Appellee Bluecross Blueshield of Tennessee Inc., in case 20-55821. [11795409] (RR) [Entered: 08/19/2020 03:48 PM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 08/19/2020. 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.[11794949]. [20-55821] (AD) [Entered: 08/19/2020 12:44 PM] |
| Filing 5 Filed (ECF) notice of appearance of Raymond A. Cardozo (Reed Smith LLP, 101 Second Street, Suite 1800, San Francisco, CA 94105) for Appellees Health Care Service Corporation, Blue Cross and Blue Shield of Kansas City, Molina Healthcare of California, Inc. and Molina Healthcare, Inc.. Date of service: 08/19/2020. (Party was previously proceeding with counsel.) [11794705] [20-55821] (Cardozo, Raymond) [Entered: 08/19/2020 10:40 AM] |
| Filing 4 Filed (ECF) notice of appearance of Bridget Burke Vick (Hunton Andrews Kurth LLP, 600 Travis Street, Suite 4200, Houston, Texas 77002) for Appellee Bluecross Blueshield of Tennessee Inc.. Date of service: 08/19/2020. (Party was previously proceeding with counsel.) [11794544] [20-55821] (Vick, Bridget) [Entered: 08/19/2020 09:54 AM] |
| Filing 3 Filed (ECF) Appellant ABC Services Group, Inc. Mediation Questionnaire. Date of service: 08/19/2020. [11794528] [20-55821] (Garner, Craig) [Entered: 08/19/2020 09:50 AM] |
| Filing 2 Added Attorney(s) Derek S. Davis for party(s) Appellee Scott and White Healthcare Appellee Scott and White Care Plans Appellee Scott and White Health Plan, in case 20-55821. [11794388] (BY) [Entered: 08/19/2020 08:47 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant ABC Services Group, Inc. Mediation Questionnaire due on 08/19/2020. Transcript ordered by 09/10/2020. Transcript due 10/08/2020. Appellant ABC Services Group, Inc. opening brief due 11/17/2020. Appellees Aetna Health and Life Insurance Company, AmeriHealth Insurance Company of New Jersey, Anthem Blue Cross Life and Health Insurance Company Blue Cross of California, Inc., Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross and Blue Shield of Alabama, Blue Cross and Blue Shield of Kansas City, Blue Cross and Blue Shield of Kansas, Inc., Blue Shield of California Life and Health Insurance Company California Physicians Service, Bluecross Blueshield of Tennessee Inc., Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Connecticare, Inc., Coventry Health Care, Inc., First Health Group Corporation, Golden Rule Insurance Company, HMC Healthworks, Inc., Health Care Service Corporation, Health Net Life Insurance Company, Health Net of California, Inc., Health Net, Inc., Humana Behavioral Health, Inc., Humana Employers Health Plan of Georgia, Inc., Humana Health Benefit Plan of Louisiana, Inc., Humana Health Plan of California Inc., Humana Health Plan of Texas, Inc., Humana Inc., Humana Insurance Company, MHNet Specialty Services LLC, Medical Mutual of Ohio, Meritain Health, Inc., Molina Healthcare of California, Inc., Molina Healthcare, Inc., Optum Services, Inc., Pacificsource Health Plans, Providence Health & Services, Providence Health Assurance, Providence Health Plan, Scott and White Care Plans, Scott and White Health Plan, Scott and White Healthcare, Sierra Health and Life Company, USAble Mutual Insurance Company, United Behavioral Health, United Healthcare Services Inc., United Medical Resources, Inc., ValueOptions Federal Services, Inc. and ValueOptions of California, answering brief due 12/17/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11786600] (RT) [Entered: 08/12/2020 01:17 PM] |
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