Smith et al v. Aliera Companies, Inc., The et al
| Jaime Beard, Rebecca Smith, Jared Beard, Justine Lund and Ellen Larson |
| Aliera Companies, Inc., The, OneShare Health, LLC, Unity Healthshare, LLC, Kingdom Healthshare Ministries LLC, Trinity Healthshare, Inc. and Aliera Healthcare, Inc. |
| 1:2020cv02130 |
| July 20, 2020 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2023. A more recent docket listing may be available from PACER.
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| Filing 117 Civil Case Administratively Closed pursuant to #116 Joint Status Report. Text Only Entry. (jtorr, ) |
| Filing 116 Joint STATUS REPORT by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Hamburger, Eleanor) |
| Dismissal Paper Deadline set for 7/31/2023 pursuant to 115 Minute Order. Text Only Entry. (jtorr, ) |
Filing 115
MINUTE ORDER On May 31, 2023 the Court was notified of the nationwide settlement. The Court has received nothing further. Please file dismissal papers or a joint status report on or before July 31, 2023. by Judge R. Brooke Jackson on 7/18/2023. Text Only Entry (rbjlc5, )
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| Filing 114 NOTICE of Settlement Notice of Proposed Nationwide Class Settlement with Defendant OneShare Health LLC by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith (Attachments: #1 Appendix A - Settlement Agreement)(Hamburger, Eleanor) |
| Filing 113 ADVISORY NOTICE TO ATTORNEY AND COURT: Jon F. Sands failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the Court for assistance (Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov)).(Text Only Entry) (ashee) |
| Filing 112 NOTICE of Change of Address/Contact Information /Firm Affiliation by Marilyn S. Chappell (Chappell, Marilyn) |
| Filing 111 MANDATE of USCA as to #74 Notice of Appeal filed by Trinity Healthshare, Inc. : (USCA Case No. 21-1187) (sphil, ) |
| Filing 110 USCA Order as to #72 Notice of Appeal filed by OneShare Health, LLC, #73 Notice of Appeal filed by Aliera Companies, Inc., The, #74 Notice of Appeal filed by Trinity Healthshare, Inc. : (USCA Case No. 21-1185, 21-1186 and 21-1187) (This document is not the Mandate) (sphil, ) |
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Filing 109
ORDER granting #108 Motion to Withdraw as Attorney. Attorneys Matthew C. Baisley and Laurin D. Quiat terminated. by Judge R. Brooke Jackson on 8/19/2022. Text Only Entry(rbjlc4, )
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| Filing 108 MOTION to Withdraw as Attorney by Defendant Trinity Healthshare, Inc.. (Quiat, Laurin) |
| Filing 107 NOTICE of Involuntary Bankruptcy of The Aliera Companies, Inc. by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith (Attachments: #1 Exhibit A - Involuntary Petition)(Hamburger, Eleanor) |
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Filing 106
ORDER granting in part and denying in part #105 Motion to Withdraw as Attorney-Sara Craig. Counsel has provided cause for withdrawal and has provided notice to the defendants. No objection has been made. The motion is granted to the extent counsel requests permission to withdraw. To the extent that the motion requests a 30-day period for defendants to obtain new counsel and a stay of deadlines, the motion is denied. The case is on appeal and has been stayed in this court due to the appeal and, as to two of the defendants for the additional reason of their bankruptcy proceedings. Defendants cannot represent themselves, but there is nothing that this Court is aware of that defendants are required to do at this time in this Court. Attorney Sara Craig is withdrawn. By Judge R. Brooke Jackson on 10/27/2021. Text Only Entry(rbjsec. )
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| Filing 105 MOTION to Withdraw as Attorney by Defendant Aliera Companies, Inc., The. (Attachments: #1 Exhibit A, #2 Proposed Order (PDF Only))(Craig, Sarah) |
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Filing 104
ORDER granting #103 Motion to Withdraw as Attorney. Attorney Victoria E. Lovato is withdrawn. By Judge R. Brooke Jackson on 7/19/2021. Text Only Entry(rbjsec. )
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| Filing 103 MOTION to Withdraw as Attorney by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Lovato, Victoria) |
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Filing 102
MINUTE ORDER: Due to the notices of appeal filed by defendants Oneshare Health, LLC, Trinity Healthshare, Inc. (as to which proceedings would have been stayed in any event due to its bankruptcy filing), and Aliera Companies, Inc., the pretrial dates and the trial are vacated and the case is stayed pending the result of the appeal. By Judge R. Brooke Jackson on 7/13/2021. Text Only Entry (rbjsec.)
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| Filing 101 SUGGESTION OF BANKRUPTCY of Trinity Healthshare, Inc. by Defendant Trinity Healthshare, Inc.. (Quiat, Laurin) |
| Filing 100 TRANSCRIPT ORDER FORM re #96 Amended Notice of Appeal by Defendant Aliera Companies, Inc., The (Craig, Sarah) |
| Filing 99 LETTER TO USCA and all counsel certifying the record is complete as to #72 Notice of Appeal filed by OneShare Health, LLC. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 21-1186) Text Only Entry. (rvill, ) |
| Filing 98 TRANSCRIPT ORDER FORM re #92 Notice of Appeal by Defendant OneShare Health, LLC (Chappell, Marilyn) |
| Filing 97 LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record as to #73 Notice of Appeal filed by Aliera Companies, Inc., The. (USCA Case No. 21-1185) (Attachments: #1 Supplemental Preliminary Record, #2 Docket Sheet)(rvill, ) |
| Filing 96 Amended NOTICE OF APPEAL by Defendant Aliera Companies, Inc., The (Craig, Sarah) |
| Filing 95 LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record as to #74 Notice of Appeal filed by Trinity Healthshare, Inc. (USCA Case No. 21-1187) (Attachments: #1 Supplemental Preliminary Record, #2 Docket Sheet)(rvill, ) |
| Filing 94 Amended NOTICE OF APPEAL as to #91 Order on Motion to Amend/Correct/Modify, #67 Order on Motion to Compel by Defendant Trinity Healthshare, Inc. (Quiat, Laurin) |
| Filing 93 LETTER Transmitting to US Court of Appeals Supplemental Preliminary Record as to #72 Notice of Appeal filed by OneShare Health, LLC, #92 Amended Notice of Appeal filed by OneShare Health, LLC. (USCA Case No. 21-1186) (Attachments: #1 Supplemental Preliminary Record, #2 Docket Sheet)(rvill, ) Modified to correct text on 6/18/2021 (rvill, ). |
| Filing 92 AMENDED NOTICE OF APPEAL as to #91 Order on Motion to Amend/Correct/Modify by Defendant OneShare Health, LLC (Filing fee $ 505, Receipt Number 1082-7919947) (Sands, Jon) Modified to correct title on 6/18/2021 (rvill, ). |
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Filing 91
ORDER Denying #69 Motion to Amend/Correct/Modify by Judge R. Brooke Jackson on June 16, 2021. (rvill, )
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| Filing 90 REPLY to Response to #69 MOTION to Amend/Correct/Modify #67 Order on Motion to Compel filed by Defendant OneShare Health, LLC. (Sands, Jon) |
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Filing 89
ORDER of USCA as to #72 Notice of Appeal filed by OneShare Health, LLC. Order filed by Clerk of the Court - This appeal is abated, and the opening brief and appendix deadline are vacated. (USCA Case No. 21-1186) (rvill, )
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Filing 88
ORDER of USCA as to #73 Notice of Appeal filed by The Aliera Companies Inc. Order filed by Clerk of the Court - Proceedings in this appeal are abated until the district court resolves the motion. (USCA Case No. 21-1185) (rvill, )
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Filing 87
ORDER of USCA as to #74 Notice of Appeal filed by Trinity Healthshare, Inc. Order filed by Clerk of the Court. This matter is before the court upon review of the appellant's docketing statement. The defendants filed a motion in the district court that appears to be a tolling motion. With this motion pending, proceedings in this appeal are abated. (USCA Case No. 21-1187) (rvill, )
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| Filing 86 LETTER TO USCA and all counsel certifying the record is complete as to #74 Notice of Appeal filed by Trinity Healthshare, Inc. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 21-1187) Text Only Entry. (rvill, ) |
| Filing 85 RESPONSE to #69 MOTION to Amend/Correct/Modify #67 Order on Motion to Compel [Plaintiffs Response to Defendants Motion to Amend or Alter Order Denying Defendants Motion to Compel Arbitration] filed by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Spoonemore, Richard) |
| Filing 84 LETTER TO USCA and all counsel certifying the record is complete as to #73 Notice of Appeal filed by The Aliera Companies, Inc. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 21-1185) Text Only Entry. (rvill, ) |
| Filing 83 LETTER TO USCA and all counsel certifying the record is complete as to #72 Notice of Appeal filed by OneShare Health, LLC. A transcript order form was filed stating that a transcript is not necessary. ( Appeal No. 21-1186) Text Only Entry. (rvill, ) |
| Filing 82 TRANSCRIPT ORDER FORM re #73 Notice of Appeal by Defendant Aliera Companies, Inc., The (Craig, Sarah) |
| Filing 81 TRANSCRIPT ORDER FORM re #72 Notice of Appeal by Defendant OneShare Health, LLC (Chappell, Marilyn) |
| Filing 80 USCA Case Number 21-1187 for #74 Notice of Appeal filed by Trinity Healthshare, Inc. (rvill, ) |
| Filing 79 USCA Case Number 21-1186 for #72 Notice of Appeal filed by OneShare Health, LLC. (rvill, ) |
| Filing 78 USCA Case Number 21-1185 for #73 Notice of Appeal filed by The Aliera Companies, Inc. (rvill, ) |
| Filing 77 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #74 Notice of Appeal filed by Trinity Healthshare, Inc. to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(rvill, ) |
| Filing 76 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #73 Notice of Appeal filed by Aliera Companies, Inc., The to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(rvill, ) |
| Filing 75 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #72 Notice of Appeal filed by OneShare Health, LLC to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(rvill, ) |
| Filing 74 NOTICE OF APPEAL as to #67 Order on Motion to Compel by Defendant Trinity Healthshare, Inc. (Filing fee $ 505, Receipt Number 1082-7869503) (Quiat, Laurin) |
| Filing 73 NOTICE OF APPEAL as to #67 Order on Motion to Compel by Defendant Aliera Companies, Inc., The (Filing fee $ 505, Receipt Number 1082-7869401) (Craig, Sarah) |
| Filing 72 NOTICE OF APPEAL as to #67 Order on Motion to Compel by Defendant OneShare Health, LLC (Filing fee $ 505, Receipt Number 1082-7868931) (Sands, Jon) |
| Filing 71 NOTICE of Entry of Appearance by Victoria E. Lovato on behalf of All Plaintiffs (Lovato, Victoria) |
| Filing 70 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a), Victoria Edna Lovato was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) |
| Filing 69 MOTION to Amend/Correct/Modify #67 Order on Motion to Compel by Defendants Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc.. (Sands, Jon) |
| Filing 68 ADVISORY NOTICE TO ATTORNEY AND COURT: Under D.C.COLO.LAttyR 3(a) Michael David Myers was administratively removed from the court's attorney roll and barred from filing electronically under CM/ECF for failing to pay the 2020 Biennial Fee. Counsel must complete a Bar/ECF application through counsel's existing Attorney Services Portal account and pay the full application fee to be restored to the attorney roll and CM/ECF. Counsel, however, need not pay any delinquent biennial fees. Upon reinstatement, counsel must file a Notice of Entry of Appearance in this case. (Text Only Entry) (tnguy) |
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Filing 67
ORDER denying #50 Motion to Compel Arbitration by Judge R. Brooke Jackson on 4/16/21.(jdyne, )
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Filing 66
ORDER granting #65 MOTION to Amend/Correct/Modify Joint Stipulated Motion to Amend Scheduling Order by Extending Deadlines by 90 Days Given Pending Motion to Compel Arbitration. Case deadlines are extended as follows: Discovery cutoff is September 16, 2021; Dispositive motion deadline is November 4, 2021; Expert disclosures deadline is July 29, 2021; Rebuttal expert disclosures deadline is August 19, 2021. By Judge R. Brooke Jackson on 4/1/2021. Text Only Entry(rbjsec. )
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| Filing 65 MOTION to Amend/Correct/Modify Joint Stipulated Motion to Amend Scheduling Order by Extending Deadlines by 90 Days Given Pending Motion to Compel Arbitration by Defendant OneShare Health, LLC. (Sands, Jon) |
| Filing 64 NOTICE of Supplemental Authorities re: #50 MOTION to Compel Arbitration (Defendants' Combined Motion) by Defendants Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc. (Attachments: #1 Exhibit)(Wallace, Kyle) |
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Filing 63
ORDER granting #61 MOTION to Withdraw as Attorney Jason Rottner and Kristen K. Bromberek. Kristen K. Bromberek and Jason Robert Rottner are withdrawn. By Judge R. Brooke Jackson on 2/24/2021. Text Only Entry(rbjsec. )
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| Filing 62 NOTICE of Supplemental Authorities Plaintiffs' Second Notice of Supplemental Authority in Opposition to Defendants' Combined Motion to Compel re: #50 MOTION to Compel Arbitration (Defendants' Combined Motion) by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith (Attachments: #1 Exhibit A - Kelly Order)(Hamburger, Eleanor) |
| Filing 61 MOTION to Withdraw as Attorney Jason Rottner and Kristen K. Bromberek by Defendant OneShare Health, LLC. (Attachments: #1 Proposed Order (PDF Only))(Rottner, Jason) |
| Filing 60 REPLY to #59 Response, #58 Notice of Supplemental Authorities, Plaintiffs Reply in Support of Supplemental Authority in Opposition to Defendants Combined Motion to Compel by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Hamburger, Eleanor) |
| Filing 59 RESPONSE to #58 Notice of Supplemental Authorities, by Defendants Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc.. (Craig, Sarah) |
| Filing 58 NOTICE of Supplemental Authorities in Opposition to Defendants' Combined Motion to Compel re: #50 MOTION to Compel Arbitration (Defendants' Combined Motion), #55 Reply to Response to Motion, #54 Response to Motion,,,,, by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith (Attachments: #1 Exhibit A)(Hamburger, Eleanor) |
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Filing 57
MINUTE ORDER re: #56 Letter filed by OneShare Health, LLC, Trinity Healthshare, Inc., Aliera Companies, Inc. The Court authorizes defendant to file a motion to stay discovery and pretrial proceedings pending resolution of the arbitration issue. Before filing, however, counsel are directed to confer again to determine whether plaintiffs will agree to a stay. The Court does not wish to receive and spend time on unnecessary motions. By Judge R. Brooke Jackson on 11/30/2020. Text Only Entry (rbjsec. )
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| Filing 56 LETTER by Defendants Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc.. (Craig, Sarah) |
| Filing 55 REPLY to Response to #50 MOTION to Compel Arbitration (Defendants' Combined Motion) (Defendants' Combined Reply) filed by Defendant OneShare Health, LLC. (Attachments: #1 Second Declaration of K. Kromodimedjo, #2 Exh. 1 to Kromodimedjo Decl. - Lund Acknowledgment, #3 Exh. 2 to Kromodimedjo Decl. - Beard Acknowledgment)(Wallace, Kyle) |
| Filing 54 RESPONSE to #50 MOTION to Compel Arbitration (Defendants' Combined Motion) Plaintiffs Opposition to Defendants Combined Motion to Compel Arbitration filed by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Attachments: #1 Declaration of Eleanor Hamburger, #2 Exhibit A to Hamburger Decl., #3 Declaration of Jared Beard, #4 Exhibit 1 to Beard Decl., #5 Exhibit 2 to Beard Decl., #6 Exhibit 3 to Beard Decl., #7 Exhibit 4 to Beard Decl., #8 Exhibit 5 to Beard Decl., #9 Exhibit 6 to Beard Decl., #10 Exhibit 7 to Beard Decl., #11 Declaration of Ellen Larson, #12 Exhibit 1 to Larson Decl., #13 Exhibit 2 to Larson Decl., #14 Exhibit 3 to Larson Decl., #15 Exhibit 4 to Larson Decl., #16 Exhibit 5 to Larson Decl., #17 Exhibit 6 to Larson Decl., #18 Exhibit 7 to Larson Decl., #19 Exhibit 8 to Larson Decl., #20 Exhibit 9 to Larson Decl., #21 Exhibit 10 to Larson Decl., #22 Exhibit 11 to Larson Decl., #23 Declaration of Justine Lund, #24 Exhibit 1 to Lund Decl., #25 Exhibit 2 to Lund Decl., #26 Exhibit 3 to Lund Decl., #27 Exhibit 4 to Lund Decl., #28 Declaration of Rebecca Smith, #29 Exhibit 1 to Smith Decl., #30 Exhibit 2 to Smith Decl., #31 Exhibit 3 to Smith Decl., #32 Exhibit 4 to Smith Decl.)(Hamburger, Eleanor) |
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Filing 53
ORDER SETTING TRIAL: Eight day Jury Trial set to commence 2/22/2022 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson with a Trial Preparation Conference on 1/28/2022 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson. by Judge R. Brooke Jackson on 10/13/20. (jdyne, )
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| Filing 52 NOTICE of Change of Address/Contact Information and Firm Affiliation by Kyle G.A. Wallace (Wallace, Kyle) |
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Filing 51
SCHEDULING ORDER: Discovery due by 6/28/2021. Dispositive Motions due by 8/6/2021. by Judge R. Brooke Jackson on 9/29/20. (Attachments: #1 redlined version) (jdyne, )
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| Filing 50 MOTION to Compel Arbitration (Defendants' Combined Motion) by Defendant OneShare Health, LLC. (Attachments: #1 Ex. A - Declaration of K. Kromodimedjo, #2 Ex. 1 to Kromodimedjo Decl. - Smith Unity Welcome Email, #3 Ex. 2 to Kromodimedjo Decl. - Smith Unity Member Guide, #4 Ex. 3 to Kromodimedjo Decl. - Smith Unity Cancellation, #5 Ex. 4 to Kromodimedjo Decl. - Larson Unity Signature Email, #6 Ex. 5 to Kromodimedjo Decl. - Larson Unity Welcome Email, #7 Ex. 6 to Kromodimedjo Decl. - Larson Unity Member Guide, #8 Ex. 7 to Kromodimedjo Decl. - Lund Welcome Email, #9 Ex. 8 to Kromodimedjo Decl. - Lund Trinity Member Guide, #10 Ex. 9 to Kromodimedjo Decl. - Lund Trinity Cancellation, #11 Ex. 10 to Kromodimedjo Decl. - Beard Unity Welcome Email, #12 Ex. 11 to Kromodimedjo Decl. - Beard Unity Member Guide, #13 Ex. 12 to Kromodimedjo Decl. - Beard Transfer Form, #14 Ex. 13 to Kromodimedjo Decl. - Beard Cancellation Form, #15 Ex. B - Declaration of T. Hochstetler, #16 Ex. 1 to Hochstetler Decl. - CMS Letter, #17 Ex. C - Declaration of A. Joseph Guarino, #18 Ex. 1 to Guarino Decl. - Georgia Order, #19 Ex. 2 to Guarino Decl. - Beard Plan Update Authorization Form)(Wallace, Kyle) |
| Filing 49 Proposed Scheduling Order Joint by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Hamburger, Eleanor) |
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Filing 48
ORDER granting #47 Unopposed MOTION for Order to Briefing Schedule of Defendants' Motion to Dismiss or Stay Based on Arbitration Clause. By Judge R. Brooke Jackson on 9/17/2020. Text Only Entry(rbjsec. )
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| Filing 47 Unopposed MOTION for Order to Briefing Schedule of Defendants' Motion to Dismiss or Stay Based on Arbitration Clause by Defendant Trinity Healthshare, Inc.. (Quiat, Laurin) |
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Filing 46
MINUTE ORDER re: #42 Letter filed, #43 Letter, {44] Letter and #45 Letter. The Court appreciates the letters. The Court authorizes defendants to move to dismiss or stay based on the arbitration clause issue only. The Court permits the defendants a total of 15 pages (counted from top of caption to bottom of certificate of service) or normal, compliant font and spacing. If defendants can agree on one 15-page brief, fine. If not, each of the three defendants may file motions of five pages each. No separation of motion and brief to beat the system please. You get five pages each or 15 collectively, and I stop reading. Plaintiffs may file one brief of 15 pages. Defendants may have 10 pages collectively for a reply or replies. If plaintiffs survive the arbitration issue (which they apparently did not do in the W.D. of Washington), then we can consider possible motions for failure to state a claim. Note, with the exception of cases like the W.D. Washington case (which I have not yet read) and any other case involving the same specific issues as this case, it would be helpful if you would limit yourself to U.S. Supreme Court, Tenth Circuit and District of Colorado cases in your briefs. By Judge R. Brooke Jackson on 9/9/2020. Text Only Entry (rbjsec. )
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| Filing 45 LETTER re: #44 Letter, #42 Letter, #43 Letter Response to Request for Leave to File Motions to Dismiss, or in the Alternative, to Compel Arbitration and/or to Dismiss by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Hamburger, Eleanor) |
| Filing 44 LETTER RE: Request for Leave to File a Motion to Compel Arbitration, or in the Alternative, to Dismiss by Defendant OneShare Health, LLC. (Wallace, Kyle) |
| Filing 43 LETTER RE Request for Leave to File a Motion to Dismiss, or in the Alternative, to Compel Arbitration by Defendant Trinity Healthshare, Inc.. (Quiat, Laurin) |
| Filing 42 LETTER RE: Request for Leave to File a Motion to Dismiss, or in the Alternative, to Compel Arbitration by Defendant Aliera Companies, Inc., The. (Craig, Sarah) |
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Filing 41
ORDER granting #40 Unopposed MOTION for Extension of Time to File Proposed Scheduling Order. Proposed Scheduling Order due 9/22/2020 By Judge R. Brooke Jackson on 8/31/2020. Text Only Entry(rbjsec.)
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| Filing 40 Unopposed MOTION for Extension of Time to File Proposed Scheduling Order by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith. (Attachments: #1 Proposed Order (PDF Only))(Hamburger, Eleanor) |
| Filing 39 AMENDED COMPLAINT Amended Class Action Complaint against Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc., filed by Rebecca Smith, Jaime Beard, Justine Lund, Ellen Larson, Jared Beard. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11, #12 Appendix 12, #13 Appendix 13, #14 Appendix 14, #15 Appendix 15, #16 Appendix 16, #17 Appendix 17, #18 Appendix 18, #19 Appendix 19, #20 Appendix 20, #21 Appendix 21, #22 Appendix 22, #23 Appendix 23, #24 Appendix 24, #25 Appendix 25, #26 Appendix 26, #27 Appendix 27, #28 Appendix 28, #29 Appendix 29, #30 Appendix 30, #31 Appendix 31, #32 Appendix 32, #33 Appendix 33, #34 Appendix 34, #35 Appendix 35, #36 Appendix 36)(Hamburger, Eleanor) |
| Filing 38 NOTICE of Filing Amended Pleading Amended Class Action Complaint by Plaintiffs Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith (Attachments: #1 Exhibit 1 - redlined Amended Complaint)(Hamburger, Eleanor) |
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Filing 37
MINUTE ORDER: In light of the reassignment of this case to this Court the Scheduling Conference set 9/8/2020 before Magistrate Judge Wang is vacated. Due to the COVID-19 pandemic, this Court will not hold a scheduling conference. The Court requests that counsel confer and attempt to agree on a schedule and submit a proposed scheduling order by 9/1/2020 pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. The Court will review the proposed order and make such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. By Judge R. Brooke Jackson on 8/10/2020. Text Only Entry (rbjsec. )
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Filing 36
ORDER denying #22 Motion to Dismiss; denying #27 Motion to Dismiss; denying #28 Motion to Dismiss. Motions 22, 27 and 28 are denied without prejudice. Although the motions were filed before the case was reassigned to this Court, the Court nevertheless requires that the parties comply with this Court's practice standards concerning pre-motion to dismiss conferral and, if motions are still filed, the Court's practice standards concerning length of motions. By Judge R. Brooke Jackson on 8/10/2020. Text Only Entry(rbjsec. )
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Filing 35
MINUTE ORDER by Magistrate Judge Nina Y. Wang on 8/7/2020. In light of the reassignment of this case 34 , the telephonic Scheduling Conference set for 9/8/2020 before Magistrate Judge Nina Y. Wang and all related deadlines from #30 the court's Order dated August 3, 2020, are VACATED. Text Only Entry (nywlc1)
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| Filing 34 CASE REASSIGNED pursuant to #32 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge R. Brooke Jackson. All future pleadings should be designated as 20-cv-02130-RBJ. (Text Only Entry) (nmarb, ) |
| Filing 33 NOTICE of Prior Related Case by Defendants Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc. (Wallace, Kyle) |
| Filing 32 CONSENT to Jurisdiction of Magistrate Judge by Defendant OneShare Health, LLC All parties do not consent.. (Wallace, Kyle) |
| Filing 31 NOTICE of Entry of Appearance by Michael David Myers on behalf of All Plaintiffs Attorney Michael David Myers added to party Jaime Beard(pty:pla), Attorney Michael David Myers added to party Jared Beard(pty:pla), Attorney Michael David Myers added to party Ellen Larson(pty:pla), Attorney Michael David Myers added to party Justine Lund(pty:pla), Attorney Michael David Myers added to party Rebecca Smith(pty:pla) (Myers, Michael) |
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Filing 30
ORDER by Magistrate Judge Nina Y. Wang on 8/3/20, Setting Scheduling/Planning Conference and Setting Deadline for Filing of Consent/Nonconsent. Consent Form due by 8/18/2020. Proposed Scheduling Order due by 9/1/2020. Telephonic Scheduling/Planning Conference set for 9/8/2020 11:00 AM before Magistrate Judge Nina Y. Wang. (nmarb, )
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| Filing 29 CORPORATE DISCLOSURE STATEMENT. (Wallace, Kyle) |
| Filing 28 MOTION to Dismiss and to Compel Arbitration, or in the alternative, to Dismiss for Failure to State a Claim by Defendant OneShare Health, LLC. (Attachments: #1 Declaration of T. Hochstetler, #2 Exhibit 1 to Declaration of T. Hochstetler)(Wallace, Kyle) |
| Filing 27 MOTION to Dismiss and Compel Arbitration by Defendant Trinity Healthshare, Inc.. (Attachments: #1 Declaration of A. Joseph Guarino III, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration)(Baisley, Matthew) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT. (Quiat, Laurin) |
| Filing 25 NOTICE of Entry of Appearance by Matthew C. Baisley on behalf of Trinity Healthshare, Inc.Attorney Matthew C. Baisley added to party Trinity Healthshare, Inc.(pty:dft) (Baisley, Matthew) |
| Filing 24 NOTICE of Register of Actions for Boulder County District Court Case No. 2020-cv-30513 by Defendant Trinity Healthshare, Inc. (Quiat, Laurin) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT. (Craig, Sarah) |
| Filing 22 MOTION to Dismiss or to Compel Arbitration by Defendant Aliera Companies, Inc., The. (Attachments: #1 Exhibit A - Declaration of K. Kromodimedjo, #2 Exhibit Ex. 1 to Decl. of Kromodimedjo - Smith Unity Welcome Email, #3 Exhibit Ex. 2 to Decl. of Kromodimedjo - Smith Unity Member Guide, #4 Exhibit Ex. 3 to Decl. of Kromodimedjo - Smith Unity Cancellation, #5 Exhibit Ex. 4 to Decl. of Kromodimedjo - Larson Unity Signature Email, #6 Exhibit Ex. 5 to Decl. of Kromodimedjo - Larson Unity Welcome Email, #7 Exhibit Ex. 6 to Decl. of Kromodimedjo - Larson Unity Member Guide, #8 Exhibit Ex. 7 to Decl. of Kromodimedjo - Lund Welcome Email, #9 Exhibit Ex. 8 to Decl. of Kromodimedjo - Lund Trinity Member Guide, #10 Exhibit Ex. 9 to Decl. of Kromodimedjo - Lund Trinity Cancellation, #11 Exhibit Ex. 10 to Decl. of Kromodimedjo - Beard Unity Welcome Email, #12 Exhibit Ex. 11 to Decl. of Kromodimedjo - Beard Unity Member Guide, #13 Exhibit Ex. 12 to Decl. of Kromodimedjo - Beard Tranfer Form to Unity, #14 Exhibit Ex. 13 to Decl. of Kromodimedjo - Beard Cancellation Form)(Craig, Sarah) |
| Filing 21 NOTICE of Entry of Appearance by Kristen K. Bromberek on behalf of OneShare Health, LLCAttorney Kristen K. Bromberek added to party OneShare Health, LLC(pty:dft) (Bromberek, Kristen) |
| Filing 20 NOTICE of Entry of Appearance by Jason Robert Rottner on behalf of OneShare Health, LLCAttorney Jason Robert Rottner added to party OneShare Health, LLC(pty:dft) (Rottner, Jason) |
| Filing 19 NOTICE of Entry of Appearance by Kyle G.A. Wallace on behalf of OneShare Health, LLCAttorney Kyle G.A. Wallace added to party OneShare Health, LLC(pty:dft) (Wallace, Kyle) |
| Filing 18 NOTICE of Entry of Appearance by Victoria Edna Lovato on behalf of All Plaintiffs Attorney Victoria Edna Lovato added to party Jaime Beard(pty:pla), Attorney Victoria Edna Lovato added to party Jared Beard(pty:pla), Attorney Victoria Edna Lovato added to party Ellen Larson(pty:pla), Attorney Victoria Edna Lovato added to party Justine Lund(pty:pla), Attorney Victoria Edna Lovato added to party Rebecca Smith(pty:pla) (Lovato, Victoria) |
| Filing 17 NOTICE of Entry of Appearance by Patrick J. Bernal on behalf of All Plaintiffs Attorney Patrick J. Bernal added to party Jaime Beard(pty:pla), Attorney Patrick J. Bernal added to party Jared Beard(pty:pla), Attorney Patrick J. Bernal added to party Ellen Larson(pty:pla), Attorney Patrick J. Bernal added to party Justine Lund(pty:pla), Attorney Patrick J. Bernal added to party Rebecca Smith(pty:pla) (Bernal, Patrick) |
| Filing 16 NOTICE of Entry of Appearance by Richard E. Spoonemore on behalf of All Plaintiffs Attorney Richard E. Spoonemore added to party Jaime Beard(pty:pla), Attorney Richard E. Spoonemore added to party Jared Beard(pty:pla), Attorney Richard E. Spoonemore added to party Ellen Larson(pty:pla), Attorney Richard E. Spoonemore added to party Justine Lund(pty:pla), Attorney Richard E. Spoonemore added to party Rebecca Smith(pty:pla) (Spoonemore, Richard) |
| Filing 15 NOTICE of Entry of Appearance by Eleanor Hamburger on behalf of All Plaintiffs Attorney Eleanor Hamburger added to party Jaime Beard(pty:pla), Attorney Eleanor Hamburger added to party Jared Beard(pty:pla), Attorney Eleanor Hamburger added to party Ellen Larson(pty:pla), Attorney Eleanor Hamburger added to party Justine Lund(pty:pla), Attorney Eleanor Hamburger added to party Rebecca Smith(pty:pla) (Hamburger, Eleanor) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. OneShare Health, LLC served on 6/29/2020, answer due 8/3/2020. (Bernal, Patrick) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. Trinity Healthshare, Inc. served on 6/23/2020, answer due 8/3/2020. (Bernal, Patrick) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Aliera Companies, Inc., The served on 6/23/2020, answer due 8/3/2020. (Bernal, Patrick) |
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Filing 11
MINUTE ORDER construing #10 Defendants' Stipulated Motion for Extension of Time as the Parties' one stipulation to an extension of time pursuant to D.C.COLO.LCivR 6.1(a), and thus no order from the court is necessary to effectuate the extension. Per the stipulation, Defendants shall file an Answer or otherwise respond to the Complaint on or before August 3, 2020.By Magistrate Judge Nina Y. Wang on 7/24/2020. Text Only Entry (nywlc1)
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| Filing 10 Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by Defendant Aliera Companies, Inc., The. (Craig, Sarah) |
| Filing 9 NOTICE of Entry of Appearance by Sarah Renee Craig on behalf of Aliera Companies, Inc., The (Craig, Sarah) |
| Filing 8 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (trvo, ) |
| Filing 7 Service of Process Transmittals of Complaint and Summons upon Trinity HealthShare, Inc. and The Aliera Companies, Inc. on 06/23/2020. (trvo, ) |
| Filing 6 Class Action COMPLAINT and Jury Demand against Aliera Companies, Inc., The, OneShare Health, LLC, Trinity Healthshare, Inc., filed by Rebecca Smith, Jaime Beard, Justine Lund, Ellen Larson, Jared Beard. (Attachments: #1 Part 2 of 4, #2 Part 3 of 4, #3 Part 4 of 4)(trvo, ) |
| Filing 5 Case assigned to Magistrate Judge Nina Y. Wang. Text Only Entry. (trvo, ) |
| Filing 4 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (trvo, ) |
| Filing 3 NOTICE of Entry of Appearance by Marilyn S. Chappell on behalf of OneShare Health, LLCAttorney Marilyn S. Chappell added to party OneShare Health, LLC(pty:dft) (Chappell, Marilyn) |
| Filing 2 NOTICE of Entry of Appearance by Jon F. Sands on behalf of OneShare Health, LLCAttorney Jon F. Sands added to party OneShare Health, LLC(pty:dft) (Sands, Jon) |
| Filing 1 NOTICE OF REMOVAL by The Aliera Companies, Trinity Healthshare, Inc., OneShare Health, LLC from Boulder County District Court, Case Number 2020CV30513. (Filing fee $ 400, Receipt Number 1082-7395611), filed by The Aliera Companies, Trinity Healthshare, Inc., OneShare Health, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Part 1 of 5, #3 Exhibit A - Part 2 of 5, #4 Exhibit A - Part 3 of 5, #5 Exhibit A - Part 4 of 5, #6 Exhibit A - Part 5 of 5, #7 Exhibit B - Part 1 of 7, #8 Exhibit B - Part 2 of 7, #9 Exhibit B - Part 3 of 7, #10 Exhibit B - Part 4 of 7, #11 Exhibit B - Part 5 of 7, #12 Exhibit B - Part 6 of 7, #13 Exhibit B - Part 7 of 7, #14 Exhibit C - Part 1 of 4, #15 Exhibit C - Part 2 of 4, #16 Exhibit C - Part 3 of 4, #17 Exhibit C - Part 4 of 4, #18 Exhibit D, #19 Exhibit E, #20 Exhibit F)(Quiat, Laurin) |
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