ABC Services Group, Inc. v. Aetna Health and Life Insurance Company, et al
| ABC SERVICES GROUP, INC., in its capacity as assignee for the benefit of creditors for Morningside Recovery, LLC, |
| AETNA HEALTH AND LIFE INSURANCE COMPANY, ANTHEM BLUE CROSS LIFE AND HEALTH INSURANCE COMPANY, ANTHEM, INC., DBA Anthem Health, Inc., BLUE CROSS AND BLUE SHIELD OF ALABAMA, BLUE CROSS AND BLUE SHIELD OF KANSAS CITY, BLUE CROSS AND BLUE SHIELD OF KANSAS, INC., USABLE MUTUAL INSURANCE COMPANY, BLUECROSS BLUESHIELD OF TENNESSEE INC., 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., HUMANA HEALTH PLAN, INC., HUMANA MEDICAL PLAN, UNITED BEHAVIORAL HEALTH, UNITED HEALTHCARE SERVICES INC., OPTUM SERVICES, INC., CIGNA HEALTHCARE OF CALIFORNIA, INC., CIGNA BEHAVIORAL HEALTH OF CALIFORNIA, INC., CIGNA HEALTH AND LIFE INSURANCE COMPANY, HMC HEALTHWORKS, INC., PROVIDENCE HEALTH PLAN, PROVIDENCE HEALTH ASSURANCE, PROVIDENCE HEALTH & SERVICES, UNITED MEDICAL RESOURCES, INC., MHNET SPECIALTY SERVICES LLC, MERITAIN HEALTH, INC., FIRST HEALTH GROUP CORPORATION, SIERRA HEALTH AND LIFE COMPANY, COVENTRY HEALTH CARE, INC., MEDICAL MUTUAL OF OHIO, BEACON HEALTH OPTIONS, INC., BEACON HEALTH STRATEGIES, LLC, VALUEOPTIONS FEDERAL SERVICES, INC., VALUEOPTIONS OF CALIFORNIA,, BEACON HEALTH OPTIONS OF CALIFORNIA, INC., BLUE CROSS OF CALIFORNIA, INC., COM PSYCH CORPORATION, GROUP HEALTH PLAN, INC., HUMANA HEALTH PLAN OF CALIFORNIA, INC., ELEVANCE HEALTH, INC., FKA Anthem, Inc., VALUEOPTIONS OF CALIFORNIA, INC., BEACON HEALTH OPTIONS OF CALIFORNIA, INC., FKA ValueOptions of California, Inc. and BLUE CROSS OF CALIFORNIA |
| 22-55631 |
| June 29, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Insurance |
Opinions
We have the following opinions for this case:
| Description |
|---|
| ABC SERVICES GROUP, INC. V. AETNA HEALTH AND LIFE INSURANCE COMPANY, ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 83 Filed (ECF) Acknowledgment of hearing notice by Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc.. Hearing in Pasadena on 10/03/2023 at 9:00 a.m. (Courtroom: Courtroom 1). Filer sharing argument time: Yes. (Argument minutes: 7) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/31/2023. [12784604] [22-55631] (Ross, April) [Entered: 08/31/2023 01:35 PM] |
| Filing 82 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc.. Hearing in Pasadena on 10/03/2023 at 9:00 a.m. (Courtroom: 1). Filer sharing argument time: Yes. (Argument minutes: 8) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 08/31/2023. [12784538] [22-55631] (Allison, Steven) [Entered: 08/31/2023 12:18 PM] |
| Filing 81 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Craig Boyd Garner for Appellant ABC Services Group, Inc.. Hearing in Pasadena on 10/03/2023 at 9:00 a.m. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 07/25/2023. [12761225] [22-55631] (Garner, Craig) [Entered: 07/25/2023 06:46 AM] |
| Filing 80 Notice of Oral Argument on Tuesday, October 3, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Tuesday, October 3, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12761098]. [22-55631] (KS) [Entered: 07/24/2023 05:59 PM] |
| Filing 79 Notice of Oral Argument on Wednesday, October 3, 2023 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena 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, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. 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 28 days before Wednesday, October 3, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12760770]. [22-55631] (KS) [Entered: 07/24/2023 03:47 PM] |
| Filing 78 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc. response to notice for case being considered for oral argument. Date of service: 06/20/2023. [12739549] [22-55631] (Allison, Steven) [Entered: 06/20/2023 04:51 PM] |
| Filing 77 Filed (ECF) Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. response to notice for case being considered for oral argument. Date of service: 06/20/2023. [12739444] [22-55631] (Ross, April) [Entered: 06/20/2023 03:58 PM] |
| 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: 06/19/2023. [12738469] [22-55631] (McCoy, Benjamin) [Entered: 06/19/2023 12:39 PM] |
| Filing 75 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: 06/19/2023. [12738433] [22-55631] (Garner, Craig) [Entered: 06/19/2023 10:43 AM] |
| Filing 74 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for October 2023 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).[12737881]. [22-55631] (KS) [Entered: 06/16/2023 12:22 PM] |
| Filing 73 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: 06/08/2023. [12731628] [22-55631] (McCoy, Benjamin) [Entered: 06/08/2023 10:35 AM] |
| Filing 72 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc. response to notice for case being considered for oral argument. Date of service: 06/07/2023. [12731353] [22-55631] (Allison, Steven) [Entered: 06/07/2023 05:11 PM] |
| Filing 71 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: 06/07/2023. [12731197] [22-55631] (Garner, Craig) [Entered: 06/07/2023 03:31 PM] |
| Filing 70 Filed (ECF) Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. response to notice for case being considered for oral argument. Date of service: 06/07/2023. [12730778] [22-55631] (Ross, April) [Entered: 06/07/2023 11:51 AM] |
| Filing 69 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for September 2023 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).[12729655]. [22-55631] (KS) [Entered: 06/06/2023 11:31 AM] |
| Filing 68 Added Attorney Richard Landon for Appellee Group Health Plan, Inc., in case 22-55631. [12714955] (HH) [Entered: 05/12/2023 02:24 PM] |
| Filing 67 Filed (ECF) notice of appearance of Richard Cofer Landon (Lathrop GPM LLP, 500 IDS Center, 80 South Eighth Street, Minneapolis, MN 55402) for Appellee Group Health Plan, Inc.. Date of service: 05/12/2023. (Party was previously proceeding with counsel.) [12714931] [22-55631] (Landon, Richard) [Entered: 05/12/2023 02:17 PM] |
| Filing 66 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 Health Plan, Inc., Humana Inc., Humana Insurance Company and Humana Medical Plan response to notice for case being considered for oral argument. Date of service: 05/09/2023. [12712270] [22-55631] (Alberts, Ronald) [Entered: 05/09/2023 02:21 PM] |
| Filing 65 Filed (ECF) Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. response to notice for case being considered for oral argument. Date of service: 05/09/2023. [12712251] [22-55631] (Ross, April) [Entered: 05/09/2023 02:15 PM] |
| Filing 64 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: 05/09/2023. [12711572] [22-55631] (McCoy, Benjamin) [Entered: 05/09/2023 07:06 AM] |
| Filing 63 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc. response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12711286] [22-55631] (Allison, Steven) [Entered: 05/08/2023 03:47 PM] |
| Filing 62 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: 05/04/2023. [12709115] [22-55631] (Garner, Craig) [Entered: 05/04/2023 02:24 PM] |
| Filing 61 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 2023 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).[12708674]. [22-55631] (KS) [Entered: 05/04/2023 09:11 AM] |
| Filing 60 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 Health Plan, Inc., Humana Inc., Humana Insurance Company and Humana Medical Plan response to notice for case being considered for oral argument. Date of service: 04/05/2023. [12689811] [22-55631] (Alberts, Ronald) [Entered: 04/05/2023 02:28 PM] |
| Filing 59 Filed (ECF) Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. response to notice for case being considered for oral argument. Date of service: 04/05/2023. [12689242] [22-55631] (Ross, April) [Entered: 04/05/2023 08:52 AM] |
| Filing 58 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc. response to notice for case being considered for oral argument. Date of service: 04/04/2023. [12688934] [22-55631] (Allison, Steven) [Entered: 04/04/2023 02:58 PM] |
| Filing 57 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: 04/04/2023. [12688727] [22-55631] (McCoy, Benjamin) [Entered: 04/04/2023 01:01 PM] |
| Filing 56 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: 04/04/2023. [12688577] [22-55631] (Garner, Craig) [Entered: 04/04/2023 11:20 AM] |
| Filing 55 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for July 2023 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).[12686414]. [22-55631] (KS) [Entered: 03/31/2023 10:51 AM] |
| Filing 54 Filed clerk order (Deputy Clerk: AC): The panel that decided appeal No. 20-55821 has elected not to accept this appeal as a comeback case. The motion to assign this appeal to that panel (Docket Entry No. [ # 52 ]) is denied. [12680182] (WL) [Entered: 03/23/2023 09:37 AM] |
| Filing 53 Received 6 paper copies of Reply Brief [ # 50 ] filed by ABC Services Group, Inc.. [12678815] (NAR) [Entered: 03/21/2023 03:12 PM] |
| Filing 52 Filed (ECF) Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. Motion to assign case to prior panel. Date of service: 03/20/2023. [12677597] [22-55631] (Romano, Jennifer) [Entered: 03/20/2023 02:28 PM] |
| Filing 51 Filed clerk order: The reply brief [ # 50 ] 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 paper copies shall be submitted to the principal office of the Clerk. [12676027] (KT) [Entered: 03/17/2023 09:30 AM] |
| Filing 50 Submitted (ECF) Reply Brief for review. Submitted by Appellant ABC Services Group, Inc.. Date of service: 03/17/2023. [12675902] [22-55631] (Garner, Craig) [Entered: 03/17/2023 07:16 AM] |
| Filing 49 Filed (ECF) Attorney April N. Ross for Appellees Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc. and United Medical Resources, Inc. response to notice for case being considered for oral argument. Date of service: 02/27/2023. [12662979] [22-55631] (Ross, April) [Entered: 02/27/2023 03:48 PM] |
| Filing 48 Filed (ECF) Attorney Mr. Steven D. Allison for Appellees Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Elevance Health, Inc. and ValueOptions Federal Services, Inc. response to notice for case being considered for oral argument. Date of service: 02/27/2023. [12662974] [22-55631] (Allison, Steven) [Entered: 02/27/2023 03:47 PM] |
| Filing 47 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 Health Plan, Inc., Humana Inc., Humana Insurance Company and Humana Medical Plan response to notice for case being considered for oral argument. Date of service: 02/27/2023. [12662445] [22-55631] (Alberts, Ronald) [Entered: 02/27/2023 12:24 PM] |
| Filing 46 Filed (ECF) Attorney Mr. John J. Shaeffer 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: 02/27/2023. [12662369] [22-55631] (Shaeffer, John) [Entered: 02/27/2023 11:55 AM] |
| Filing 45 Filed (ECF) Attorney Mr. Robert Claude Bohner for Appellees Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company and Cigna Healthcare of California, Inc. response to notice for case being considered for oral argument. Date of service: 02/27/2023. [12661903] [22-55631] (Bohner, Robert) [Entered: 02/27/2023 09:29 AM] |
| Filing 44 Filed (ECF) Attorney Kimberly A. Klinsport for Appellees Blue Cross and Blue Shield of Kansas, Inc. and USAble Mutual Insurance Company response to notice for case being considered for oral argument. Date of service: 02/24/2023. [12661269] [22-55631] (Klinsport, Kimberly) [Entered: 02/24/2023 03:01 PM] |
| Filing 43 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: 02/22/2023. [12658931] [22-55631] (Garner, Craig) [Entered: 02/22/2023 02:19 PM] |
| Filing 42 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for June 2023 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).[12658780]. [22-55631] (KS) [Entered: 02/22/2023 01:11 PM] |
| Filing 41 Streamlined request [40] by Appellant ABC Services Group, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 03/17/2023. [12645164] (BG) [Entered: 02/02/2023 03:07 PM] |
| Filing 40 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant ABC Services Group, Inc.. New requested due date is 03/17/2023. [12644995] [22-55631] (Garner, Craig) [Entered: 02/02/2023 02:02 PM] |
| Filing 39 Received 3 paper copies of supplemental excerpts of record [ # 36 ] in 1 volume(s) filed by appellants. [12644994] (NAR) [Entered: 02/02/2023 02:01 PM] |
| Filing 38 Received 6 paper copies of joint answering breif [ # 35 ] filed by appellees. [12644990] (NAR) [Entered: 02/02/2023 01:59 PM] |
| Filing 37 Filed clerk order: The joint answering brief [ # 35 ] 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 [ # 36 ] 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. [12643149] (KT) [Entered: 01/31/2023 12:58 PM] |
| Filing 36 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Aetna Health and Life Insurance Company, Anthem Blue Cross Life and Health Insurance Company, 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 Cross of California, Bluecross Blueshield of Tennessee Inc., Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Com Psych Corporation, Coventry Health Care, Inc., Elevance Health, Inc., First Health Group Corporation, Group Health Plan, Inc., HMC Healthworks, 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 Health Plan, Inc., Humana Inc., Humana Insurance Company, Humana Medical Plan, Medical Mutual of Ohio, Meritain Health, Inc., MHNet Specialty Services LLC, Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc., United Medical Resources, Inc., USAble Mutual Insurance Company and ValueOptions Federal Services, Inc.. Date of service: 01/30/2023. [12642211] [22-55631] (Romano, Jennifer) [Entered: 01/30/2023 02:26 PM] |
| Filing 35 Submitted (ECF) Answering Brief for review. Submitted by Appellees Aetna Health and Life Insurance Company, Anthem Blue Cross Life and Health Insurance Company, 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 Cross of California, Bluecross Blueshield of Tennessee Inc., Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Com Psych Corporation, Coventry Health Care, Inc., Elevance Health, Inc., First Health Group Corporation, Group Health Plan, Inc., HMC Healthworks, 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 Health Plan, Inc., Humana Inc., Humana Insurance Company, Humana Medical Plan, Medical Mutual of Ohio, Meritain Health, Inc., MHNet Specialty Services LLC, Optum Services, Inc., Sierra Health and Life Company, United Behavioral Health, United Healthcare Services Inc., United Medical Resources, Inc., USAble Mutual Insurance Company and ValueOptions Federal Services, Inc.. Date of service: 01/30/2023. [12642199] [22-55631] (Romano, Jennifer) [Entered: 01/30/2023 02:21 PM] |
| Filing 34 Terminated attorney Michael A. Naranjo for appellees USAble Mutual Insurance Company and Blue Cross and Blue Shield of Kansas, Inc. in 22-55631. [12641702] (HH) [Entered: 01/30/2023 10:40 AM] |
| Filing 33 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Michael A. Naranjo for Appellees Blue Cross and Blue Shield of Kansas, Inc. and USAble Mutual Insurance Company. Party proceeding without counsel: No. Date of service: 01/30/2023. [12641609] [22-55631] (Naranjo, Michael) [Entered: 01/30/2023 10:02 AM] |
| Filing 32 Added Attorney Tina Safi Felahi for Appellees Beacon Health Options, Inc., Elevance Health, Inc., Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options of California, Inc., Beacon Health Strategies, LLC, Blue Cross of California and ValueOptions Federal Services, Inc., in case 22-55631. [12635793] (HH) [Entered: 01/23/2023 10:54 AM] |
| Filing 31 Filed (ECF) notice of appearance of Tina Safi Felahi (Troutman Pepper Hamilton Sanders LLP, 11682 El Camino Real, Suite 400, San Diego, CA 92130) for Appellees Elevance Health, Inc., Anthem Blue Cross Life and Health Insurance Company, Beacon Health Options, Inc., Beacon Health Strategies, LLC, ValueOptions Federal Services, Inc., Beacon Health Options of California, Inc. and Blue Cross of California. Date of service: 01/23/2023. (Party was previously proceeding with counsel.) [12635550] [22-55631] (Felahi, Tina) [Entered: 01/23/2023 09:12 AM] |
| Filing 30 Appellee Anthem, Inc. in 22-55631 substituted by Appellee Elevance Health, Inc. in 22-55631 per letter in [ # 29 ]. [12628195] (RY) [Entered: 01/11/2023 12:16 PM] |
| Filing 29 Filed Attoreny for Appellees Aetna Health and Life Insurance Company, et al., letter dated 01/04/2023 re: Inaccurate identification of the Appellees' names. Paper filing deficiency: None. [12627074]--[Edited: NAN, docket updated. 01/11/2023 by RY] (HH) [Entered: 01/10/2023 11:33 AM] |
| Filing 28 Attorneys Samrah Mahmoud and Marlee Waxelbaum substituted by Attorney Peter Jacob Kozaczuk. [12624865] (RL) [Entered: 01/06/2023 02:03 PM] |
| Filing 27 Filed (ECF) notice of appearance of Peter Jacob Kozaczuk (Troutman Pepper Hamilton Sanders, LLP, 11682 El Camino Real, Suite 400, San Diego, CA 92130) for Appellees Anthem Blue Cross Life and Health Insurance Company, Anthem, Inc., Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Inc., ValueOptions Federal Services, Inc. and ValueOptions of California,. Substitution for Samrah Mahmoud, Marlee Waxelbaum. Date of service: 01/06/2022. (Party was previously proceeding with counsel.) [12624780]--[COURT ENTERED FILING on behalf of attorney. Filing issues with CMECF.] (SLM) [Entered: 01/06/2023 01:10 PM] |
| Filing 26 Received 6 paper copies of Opening Brief [ # 16 ] filed by ABC Services Group, Inc.. [12602491] (NAR) [Entered: 12/05/2022 02:52 PM] |
| Filing 25 Received 3 paper copies of excerpts of record [ # 17 ], [23] in 13 volume(s) and index volume filed by ABC Services Group, Inc. Volumes 4-13 filed UNDER SEAL. [12602076] (NAR) [Entered: 12/05/2022 10:58 AM] |
| Filing 24 Filed clerk order: The opening brief [ # 16 ] 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 [ # 17 ], [23] submitted by ABC Services Group, Inc. are filed. Volumes 4-13 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. [12598783] (KT) [Entered: 11/30/2022 09:55 AM] |
| Filing 23 Submitted (ECF) UNDER SEAL excerpts of record Vol 4-13. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/03/2022. (Court-entered filing, excerpts of record originally submitted in [19].) [12598708] (WL) [Entered: 11/30/2022 09:19 AM] |
| Filing 22 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [19]) to file under seal Volumes 4 through 13 of the excerpts of record is granted. The Clerk will file publicly the motion to seal (Docket Entry No. [19]-1), the opening brief (Docket Entry No. [ # 16 ]), and Volumes 1 through 3 of the excerpts of record (Docket Entry No. [ # 17 ]). The Clerk will file under seal Volumes 4 through 13 of the excerpts of record (Docket Entry Nos. [19]-2 through [19]-11). Appellees unopposed motion (Docket Entry No. [ # 20 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 30, 2023. The optional reply brief is due within 21 days after service of the answering brief. (MOATT) [12598700] (WL) [Entered: 11/30/2022 09:09 AM] |
| Filing 21 Filed Appellant ABC Services Group, Inc. motion to file Volumes 4 through 13 of the excerpts of record UNDER SEAL. Deficiencies: None. Served on 11/03/2022. (Court-entered filing of motion submitted under seal at [19]) [12598671] (WL) [Entered: 11/30/2022 08:58 AM] |
| Filing 20 Filed (ECF) Appellees Anthem Blue Cross Life and Health Insurance Company, Anthem, Inc., Beacon Health Options of California, Inc., Beacon Health Options, Inc., Beacon Health Strategies, LLC, Blue Cross of California, Inc., ValueOptions Federal Services, Inc. and ValueOptions of California, Motion to extend time to file Answering brief until 01/30/2023. Date of service: 11/10/2022. [12585271] [22-55631] (Allison, Steven) [Entered: 11/10/2022 03:48 PM] |
| Filing 19 Filed (ECF) UNDER SEAL Appellant ABC Services Group, Inc. motion to file document under seal and submit sealed document. Type of document: brief (Excerpts of Record Volumes 4 through 13; Certificate of Service of Volume 4 and 5; Certificate of Service of Volume 6 through 13.). Date of service: 11/03/2022. [12579791] [22-55631]--[COURT UPDATE: attached corrected PDF of motion to seal. 11/04/2022 by KT] (Garner, Craig) [Entered: 11/03/2022 02:54 PM] |
| Filing 18 COURT DELETED DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 17 ]. Original Text: Submitted (ECF) excerpts of record. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/03/2022. [12579781] [22-55631] (Garner, Craig) [Entered: 11/03/2022 02:48 PM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/03/2022. [12579776] [22-55631]--[COURT UPDATE: attached PDF of excerpts of record, index volume. 11/04/2022 by KT] (Garner, Craig) [Entered: 11/03/2022 02:45 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellant ABC Services Group, Inc.. Date of service: 11/03/2022. [12579772] [22-55631] (Garner, Craig) [Entered: 11/03/2022 02:42 PM] |
| Filing 15 Added Attorney Amy Erickson for Appellee Group Health Plan, Inc., in case 22-55631. [12573264] (HH) [Entered: 10/26/2022 11:43 AM] |
| Filing 14 Filed (ECF) notice of appearance of Amy Elizabeth Erickson (Lathrop GPM, LLP, 80 So. 8th Street, Suite 500, Minneapolis, MN 55402) for Appellee Group Health Plan, Inc.. Date of service: 10/26/2022. (Party was previously proceeding with counsel.) [12573259] [22-55631] (Erickson, Amy) [Entered: 10/26/2022 11:41 AM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. [12570531] (CL) [Entered: 10/21/2022 03:07 PM] |
| Filing 12 Streamlined request [11] by Appellant ABC Services Group, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant ABC Services Group, Inc. opening brief due 11/04/2022. Appellees Aetna Health and Life Insurance Company, Anthem Blue Cross Life and Health Insurance Company, Anthem, 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 Cross of California, Inc., Bluecross Blueshield of Tennessee Inc., Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Com Psych Corporation, Coventry Health Care, Inc., First Health Group Corporation, Group Health Plan, Inc., HMC Healthworks, 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 Health Plan, Inc., Humana Inc., Humana Insurance Company, Humana Medical Plan, MHNet Specialty Services LLC, Medical Mutual of Ohio, Meritain Health, Inc., Optum Services, Inc., Providence Health & Services, Providence Health Assurance, 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 12/05/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12546401] (BG) [Entered: 09/22/2022 08:23 AM] |
| Filing 11 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant ABC Services Group, Inc.. New requested due date is 11/04/2022. [12546353] [22-55631] (Garner, Craig) [Entered: 09/22/2022 12:04 AM] |
| Filing 10 Mail returned on 07/29/2022 addressed to Alexandra A. Roje, re: [ # 5 ] Mediation Order. Returned envelope notes: Return to sender, not deliverable as addressed, unable to forward. Resending to: Lathrop GPM LLP, 2049 Century Park, E, Suite 3500S, Los Angeles, CA 90067. [12506849]--[Edited: address updated. 08/01/2022 by SLM] (JMR) [Entered: 08/01/2022 04:31 PM] |
| Filing 9 Terminated Appellee Providence Health Plan in 22-55631 [12504640] (JBS) [Entered: 07/28/2022 04:30 PM] |
| Filing 8 Filed clerk order (Deputy Clerk: TAH): The appellants motion (Docket Entry No. [ # 7 ]) for voluntary dismissal as to appellee Providence Health Plan is granted. This appeal is dismissed as to appellee Providence Health Plan 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 appellee Providence Health Plan only. The previously established briefing schedule remains in effect for the remaining parties. [12504638] (JBS) [Entered: 07/28/2022 04:29 PM] |
| Filing 7 Filed (ECF) Appellant ABC Services Group, Inc. Motion for miscellaneous relief [motion to dismiss certain appellee]. Date of service: 07/27/2022. [12503254] --[COURT ENTERED FILING to correct entry [6] .] (TYL) [Entered: 07/27/2022 10:55 AM] |
| Filing 6 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 7 ]. Original Text: Filed (ECF) Appellant ABC Services Group, Inc. Correspondence: Request to Dismiss Certain Appellee Only. Date of service: 07/27/2022 [12503189] [22-55631] (Garner, Craig) [Entered: 07/27/2022 10:13 AM] |
| Filing 5 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 08/24/2022, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12498484] (CL) [Entered: 07/20/2022 02:37 PM] |
| Filing 4 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 Health Plan, Inc., Humana Inc., Humana Insurance Company and Humana Medical Plan Correspondence: Correction to the name of Appellee Humana Health Plan of California, Inc.. Date of service: 07/13/2022 [12493239] [22-55631] (Alberts, Ronald) [Entered: 07/13/2022 04:04 PM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 07/06/2022. 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.[12486876]. [22-55631] (AD) [Entered: 07/06/2022 06:44 AM] |
| Filing 2 Filed (ECF) Appellant ABC Services Group, Inc. Mediation Questionnaire. Date of service: 07/06/2022. [12486869] [22-55631] (Garner, Craig) [Entered: 07/06/2022 01:45 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 07/06/2022. Transcript ordered by 07/28/2022. Transcript due 08/29/2022. Appellant ABC Services Group, Inc. opening brief due 10/05/2022. Appellees Aetna Health and Life Insurance Company, Anthem Blue Cross Life and Health Insurance Company, Anthem, 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 Cross of California, Inc., Bluecross Blueshield of Tennessee Inc., Cigna Behavioral Health of California, Inc., Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Com Psych Corporation, Coventry Health Care, Inc., First Health Group Corporation, Group Health Plan, Inc., HMC Healthworks, 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 Health Plan, Inc., Humana Inc., Humana Insurance Company, Humana Medical Plan, MHNet Specialty Services LLC, Medical Mutual of Ohio, Meritain Health, Inc., Optum Services, Inc., Providence Health & Services, Providence Health Assurance, Providence Health Plan, 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 11/07/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12483421] (RT) [Entered: 06/29/2022 04:01 PM] |
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