Rutherford, et al. v. Health Care Service Corporation, a Mutual Legal Reserve Company, et al.
Petitioner: HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL RESERVE COMPANY, doing business in Montana as Blue Cross and Blue Shield of Montana, doing business as Blue Cross and Blue Shield of Montana and MONTANA UNIVERSITY SYSTEM
Respondent: JOHNNY C. RUTHERFORD, JR., MARY RUTHERFORD and JOHNNY RUTHERFORD, on behalf of those similarly situated
Case Number: 25-3971
Filed: June 26, 2025
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on November 21, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2025 Opinion or Order Filing 16 ORDER FILED. Resolution of this petition for permission to appeal is stayed pending the district courts resolution of requests to reconsider its class certification decisions. [Entered: 11/21/2025 01:45 PM]
September 11, 2025 Filing 15 RESPONSE to Motion for Leave to File Reply (DE 14) filed by Respondent Johnny C. Rutherford, Jr., Respondent Mary Rutherford, Respondent Johnny Rutherford. [Entered: 09/11/2025 07:25 AM]
September 2, 2025 Filing 14 MOTION for Leave to File Reply; filing includes REPLY in support of Petition for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Court edit docket text to reflct contents of filing] [Entered: 09/02/2025 05:27 PM] [Edited: 09/03/2025 10:40 AM]
August 25, 2025 Filing 13 ANSWER to Supplement to Petition for a Writ of Mandamus and-or Prohibition (DE 12) filed by Respondent Johnny C. Rutherford, Jr., Respondent Mary Rutherford, Respondent Johnny Rutherford. [Entered: 08/25/2025 01:13 PM]
August 14, 2025 Filing 12 SUPPLEMENTAL PETITION for Permission to Appeal Pursuant to FRCP 23(f) (DE 1) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Court edit to correct docket text] [Entered: 08/14/2025 06:37 PM] [Edited: 08/15/2025 09:40 AM]
August 7, 2025 Filing 11 CITATION of Supplemental Authorities (28j Letter) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Entered: 08/07/2025 04:14 PM]
August 7, 2025 Filing 10 Attorney Emily Tomoko Kuwahara as Counsel for Petitioner substituted for Attorney Kasey Curtis. [Entered: 08/07/2025 03:54 PM]
August 7, 2025 Filing 9 NOTICE OF APPEARANCE by Emily Tomoko Kuwahara for Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company replacing Kasey Curtis. [Entered: 08/07/2025 03:45 PM]
August 1, 2025 Filing 8 RESPONSE to Citation of Supplemental Authorities (28j Letter) (DE 6) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Court entered filing to correct DE 7] [Entered: 08/01/2025 03:48 PM]
August 1, 2025 Filing 7 DEFECTIVE --- CITATION of Supplemental Authorities (28j Letter) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Wrong filing type used, corrected in DE 8] [Entered: 08/01/2025 03:43 PM] [Edited: 08/01/2025 03:49 PM]
July 31, 2025 Filing 6 CITATION of Supplemental Authorities (28j Letter) filed by Respondent Johnny C. Rutherford, Jr., Respondent Mary Rutherford, Respondent Johnny Rutherford. [Entered: 07/31/2025 12:46 PM]
July 29, 2025 Filing 5 MOTION for Leave to File Reply; filing includes REPLY to ANSWER to Petition for Permission to Appeal Pursuant to FRCP 23(f) (DE 4) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company. [Court update to edit docket to reflect contents of filing] [Entered: 07/29/2025 10:59 AM] [Edited: 07/29/2025 11:47 AM]
July 7, 2025 Filing 4 ANSWER to Petition for Permission to Appeal Pursuant to FRCP 23(f) (DE 1) filed by Respondent Johnny C. Rutherford, Jr., Respondent Mary Rutherford, Respondent Johnny Rutherford. [Entered: 07/07/2025 03:14 PM]
June 26, 2025 Filing 3 SCHEDULE NOTICE for Petition for Permission to Appeal. [Entered: 06/26/2025 08:40 AM]
June 26, 2025 Filing 2 CASE OPENED. Your case opening documents have been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit on 6/25/2025. The U.S. Court of Appeals docket number 25-3971 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the #Appellate Practice Guide. Attorneys should consider the court's #Appellate Mentoring Program for assistance. [Entered: 06/26/2025 08:38 AM]
June 25, 2025 Filing 1 PETITION for Permission to Appeal Pursuant to FRCP 23(f) filed by Petitioner Health Care Service Corporation, a Mutual Legal Reserve Company, Petitioner Montana University System. [Entered: 06/26/2025 08:37 AM]

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Respondent: JOHNNY C. RUTHERFORD, JR.
Represented By: Mr. Scott Peterson
Represented By: John M. Morrison
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Respondent: MARY RUTHERFORD
Represented By: Mr. Scott Peterson
Represented By: John M. Morrison
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Respondent: JOHNNY RUTHERFORD, on behalf of those similarly situated
Represented By: Mr. Scott Peterson
Represented By: John M. Morrison
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Petitioner: HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL RESERVE COMPANY, doing business in Montana as Blue Cross and Blue Shield of Montana, doing business as Blue Cross and Blue Shield of Montana
Represented By: Martin J. Bishop
Represented By: Mr. Kasey Curtis
Represented By: Mr. Daniel J. Auerbach
Represented By: Emily Tomoko Kuwahara
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Petitioner: MONTANA UNIVERSITY SYSTEM
Represented By: Mr. Daniel J. Auerbach
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