O'Dowd v. Anthem Health Plans, Inc. et al
Plaintiff: Laural O'Dowd
Defendant: Anthem Health Plans, Inc., Rocky Mountain Hospital and Medical Service, Inc. and WellPoint, Inc.
Case Number: 1:2014cv02787
Filed: October 10, 2014
Court: US District Court for the District of Colorado
Office: Denver Office
County: Boulder
Presiding Judge: Kristen L. Mix
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1132
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
September 9, 2019 Opinion or Order Filing 143 ORDER re: 128 Unopposed Motion for Attorneys'Fees and Expenses and Incentive Award for Named Plaintiff and Unopposed Motion for Final Approval of Class Action Settlement and Related Relief 131 by Magistrate Judge Kristen L. Mix on 9/ 9/19. IT IS ORDERED that judgment shall enter DISMISSING WITH PREJUDICE all claims against Defendants in this case, without fees or costs to any party except as provided herein and except as to any claim of the persons who properly requested to Opt Out of the Settlement. (lgale, )
May 24, 2019 Opinion or Order Filing 136 FINAL ORDER AND JUDGMENT by Magistrate Judge Kristen L. Mix on 05/24/19. IT IS ORDERED: that the Objection Letter [#129] is OVERRULED and that the Motions [#128, #131] are GRANTED; that the following Settlement Class is finally certified pursuant to Federal Rule of Civil Procedure 23(a) and (b)(3) for settlement purposes only; for purposes of the Settlement only, theappointment of Plaintiff Laural ODowd as a representative of the Settlement Class and the appointment of D. Brian Hufford, Jason S . Cowart, and Andrew N. Goldfarb of Zuckerman Spaeder LLP, and Gregory A. Gold and Sommer D. Luther of The Gold Law Firm as Class Counsel are AFFIRMED. IT IS FURTHER ORDERED that the Settlement Agreement [#121-1] is APPROVED, including all terms set forth in the Settlement Agreement and the Plan of Allocation; that the Escrow Account to be established pursuant to the Settlement Agreement is a Qualified Settlement Fund within the meaning of Treasury Regulation Section 1.468B-1(a); that the partie s shall direct the distribution of the Settlement Fund pursuant to the Plan of Allocation; that an incentive award payment of $1,000.00 to Plaintiff is APPROVED; that a payment to Class Counsel of $60,000.00 in attorneys fees and of $2 2,679.44 in litigation expenses is APPROVED. that a payment to Class Counsel of $60,000.00 in attorneys fees and of $22,679.44 in litigation expenses is APPROVED. IT IS FURTHER ORDERED that judgment shall enter DISMISSING WITH PREJUDICE all claims against Defendants in this case, without fees or costs to any party except as provided herein and except as to any claim of the persons who properly requested to Opt Out of the Settlement (identified in Exhibit B to the Ness Declaration (unde r seal). The Clerk of the Court is directed to CLOSE this case. IT IS FURTHER ORDERED that, without affecting the finality of the Final Order and Judgment, the Court shall retain exclusive and continuing jurisdiction over the Litigation, the Parties, and the Settlement Class, and the administration, enforcement, and interpretation of the Settlement and the Final Order and Judgment. Should an issue arise during the administration of the Settlement Agreement, including issues related to the completion of payments, the parties may move to reopen the case for resolution of such issues. (nmarb, )
June 26, 2017 Opinion or Order Filing 109 MINUTE ORDER re: 108 Proposed Scheduling Order filed by Anthem, Inc., Rocky Mountain Hospital and Medical Service Inc. Anthem, Inc.s initial disclosures shall be served on or before 8/4/2017. Discovery due by 12/21/2017. Plaintiffs motion for class certification shall be filed on or before 2/5/2018. A final pretrial/trial preparation conference will be held in this case on a date to be determined in the future. A ten-day trial will be set for a date to be determined in the future, by Magistrate Judge Kristen L. Mix on 6/26/2017. (jgonz, )
April 25, 2016 Opinion or Order Filing 81 ORDER Regarding Motions Practice and Civil Trials, by Magistrate Judge Kristen L. Mix on 4/25/16. (morti, )
January 15, 2016 Opinion or Order Filing 65 MINUTE ORDER; 64 Defendants Unopposed Motion for Leave toFile Combined Motion to Dismiss is GRANTED, by Magistrate Judge Kristen L. Mix on 1/15/16.(morti, )
December 1, 2015 Opinion or Order Filing 52 MINUTE ORDER; 51 Plaintiffs Unopposed Motion to File Second Amended Complaint is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Second Amended Complaint [51-1] is accepted for filing as of the date of this Minute Order, by Magistrate Judge Kristen L. Mix on 12/1/15.(morti, )
November 10, 2015 Opinion or Order Filing 49 MINUTE ORDER; 46 Unopposed Motion for Deadlines for Defendants[sic] Answer is GRANTED, by Magistrate Judge Kristen L. Mix on 11/10/15.(morti, )
September 30, 2015 Opinion or Order Filing 36 ORDER; 29 Defendant Rocky Mountain Hospital and MedicalService, Inc. d/b/a Anthem Blue Cross and Blue Shields (Anthem) Motion to Dismiss Amended Complaint in Part is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the stay entere d by the Court on December 11, 2014 [#20] is lifted. IT IS FURTHER ORDERED that the parties shall file a proposed Amended Scheduling Order on or before October 16, 2015, in lieu of the status report discussed at the December 11, 2014 Scheduling Conference [#20], by Magistrate Judge Kristen L. Mix on 9/30/15.(morti, )
January 26, 2015 Opinion or Order Filing 28 MINUTE ORDER by Magistrate Judge Kristen L. Mix on 1/26/15. Motion to Dismiss [#15] is DENIED as moot. (lgale, )
January 21, 2015 Opinion or Order Filing 26 MINUTE ORDER; 25 Plaintiff's Unopposed Motion for Leave to Amend Complaint is GRANTED in part. Without seeking leave from the Court, Plaintiff may file a new version of her proposed Amended Complaint that complies with Local Rule 10.1(e) on the docket. That version of the proposed Amended Complaint will become the operative pleading in this case without further order of the Court, by Magistrate Judge Kristen L. Mix on 1/21/15.(morti, )
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Plaintiff: Laural O'Dowd
Represented By: Gregory A. Gold
Represented By: Sommer D. Luther
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Defendant: Anthem Health Plans, Inc.
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Defendant: Rocky Mountain Hospital and Medical Service, Inc.
Represented By: Miranda L. Berge
Represented By: David A. DeMarco
Represented By: E. Desmond Hogan
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Defendant: WellPoint, Inc.
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