VHS of Arrowhead, Inc. et al v. Cigna Health and Life Insurance Company
| VHS of Arrowhead, Inc. doing business as Abrazo Arizona Heart Hospital doing business as Abrazo Arrowhead Campus, VHS of Phoenix, Inc. doing business as Abrazo Central Campus, VHS Acquisition Subsidiary Number 1, Inc. doing business as Abrazo Scottsdale Campus, Hospital Development of West Phoenix, Inc. doing business as Abrazo West Campus, SMSJ Tucson Holdings, LLC doing business as Carondelet St. Joseph's Hospital doing business as Carondelet St. Mary's Hospital, Delray Medical Center, Inc., Good Samaritan Medical Center Inc., Palm Beach Gardens Community Hospital, Inc. doing business as Palm Beach Gardens Medical Center, St. Mary's Medical Center, Inc., West Boca Medical Center, Inc., Amisub (SFH), Inc. doing business as Saint Francis Hospital, Saint Francis Hospital-Bartlett, Inc., BBH BMC, LLC doing business as Brookwood Baptist Medical Center, VHS Acquisition Subsidiary Number 7, Inc. doing business as Saint Vincent Hospital, VHS Acquisition Subsidiary Number 9, Inc. doing business as Metrowest Medical Center Framingham Union Campus, Hilton Head Health System, L.P. doing business as Hilton Head Hospital, Coastal Carolina Medical Center, Inc., East Cooper Community Hospital, Inc. doing business as East Cooper Medical Center and Amisub of South Carolina, Inc. doing business as Piedmont Medical Center |
| Cigna Health and Life Insurance Company |
| 3:2022cv00602 |
| April 28, 2022 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
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| Filing 67 Case remanded to Connecticut Superior Court, Hartford. (Reis, Julia) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Reis, Julia) |
| Filing 66 Docket Entry Correction: The Order on Motion to Remand to State Court (doc. no. #65 ) has been corrected and replaced (see attached). (Reis, Julia) |
Filing 65
ORDER granting #43 Motion to Remand to State Court. I direct the Clerk to remand this case to the Connecticut Superior Court, Hartford for further proceedings and to close this case. Signed by Judge Stefan R. Underhill on 3/16/2023. (Hurley, S.) (Additional attachment(s) added on 3/16/2023: #1 Replacement PDF) (Reis, Julia).
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| Filing 64 TRANSCRIPT of Proceedings: Type of Hearing: Motion Hearing. Held on 11/21/2022 before Judge Stefan R. Underhill. Court Reporter: Melissa J. Cianciullo. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 2/10/2023. Redacted Transcript Deadline set for 2/20/2023. Release of Transcript Restriction set for 4/20/2023. (Cianciullo, Melissa) |
| Filing 63 Minute Entry for proceedings held before Judge Stefan R. Underhill: Motion Hearing held on 11/21/2022. #43 Motion to Remand to State Court is taken under advisement. #60 Motion for Status Conference is terminated as moot. #62 Motion for Theodore Tucci be Excused from Oral Argument Attendance filed by Cigna Health and Life Insurance Company is GRANTED nunc pro tunc. Total Time: 2 hours and 24 minutes (Court Reporter Melissa Cianciullo) (Reis, Julia) |
| Filing 62 MOTION Motion to be Excused from Oral Argument Attendance by Cigna Health and Life Insurance Company.Responses due by 12/9/2022 (Tucci, Theodore) |
| NOTICE regarding hearing via Zoom: The Hearing re #43 Motion to Remand scheduled for 11/21/2022 at 2:00 PM will be conducted in a hybrid fashion, in-person and via Zoom. Video Link: https://www.zoomgov.com/j/1601153898?pwd=dkpjNnRWNldDYmRFVER5OVJGam9Jdz09Call-in Number: +1 646 828 7666.Meeting ID: 160 115 3898Meeting Password: 444275Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Hurley, S.) |
| Filing 61 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Hearing re #43 Motion to Remand set for 11/21/2022 02:00 PM in Courtroom One, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill. (Hurley, S.) |
| Filing 60 First MOTION for Status Conference (Corrected) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Kurzman, Marc) |
| Filing 59 ENTERED IN ERROR: First MOTION for Status Conference by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Kurzman, Marc) Modified on 10/17/2022 (Reis, Julia). |
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Filing 58
ORDER OF TRANSFER. Case reassigned to Judge Stefan R. Underhill for all further proceedings. Signed by Clerk on 10/5/2022.(Hushin, Z.)
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| Filing 57 NOTICE. All parties are advised that they may elect to consent to the jurisdiction of a United States Magistrate Judge. United States Magistrate Judges do not conduct felony criminal trials; as a result, parties are often able to schedule a jury trial before a Magistrate Judge sooner and with more flexibility than a jury trial before a District Judge. If all parties consent to the jurisdiction of a United States Magistrate Judge, the parties should complete and file the attached consent form. If any party does not consent, that information should not be conveyed to the Court, and no consent form should be filed. The Court notes that ordinarily, where the parties consent to the jurisdiction of a Magistrate Judge, any Magistrate Judge who has previously been involved in confidential settlement discussions would not be assigned to hear the trial. Signed by Judge Sarah A. L. Merriam on 9/20/2022.(Caffrey, A.) |
| Filing 56 REPLY to Response to #43 MOTION to Remand to State Court in Further Support of Motion to Remand filed by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Smith, Timothy) |
| Filing 55 NOTICE of Appearance by Timothy A. Smith on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Smith, Timothy) |
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Filing 54
ORDER granting, absent objection, #53 Motion for Leave for Plaintiff to File Reply Memorandum of up to Fifteen (15) Pages in Support of Remand. It is so ordered. Signed by Judge Sarah A. L. Merriam on 6/20/2022. (McCallum, C.)
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| Filing 53 Consent MOTION for Leave to File Excess Pages up to Fifteen (15) pages for Plaintiff's Reply Memorandum to Defendant's Opposition to Plaintiff's Motion to Remand by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Kurzman, Marc) |
| Filing 52 Memorandum in Opposition re #43 MOTION to Remand to State Court filed by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A-Declaration of Donna Gaudet, #2 Exhibit A-1 CT DOI Website for Cigna, #3 Exhibit B-Notice Withdrawing Motion for Leave to File a Third Amended Complaint[North Shore v. Cigna], #4 Exhibit C-Response in Opposition to Cigna's Motion for Summary Judgment[North Shore v. Cigna])(Tucci, Theodore) |
| Filing 51 NOTICE of Appearance by Justin C. Fineberg on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Fineberg, Justin) |
| Filing 50 Corporate Disclosure Statement by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. identifying Corporate Parent Tenet Healthcare Corporation (NYSE: THC) for Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Kurzman, Marc) |
| Filing 49 CERTIFICATE OF GOOD STANDING re #47 MOTION for Attorney(s) Justin C. Fineberg to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6943501) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Gunningsmith, Damian) |
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Filing 48
ORDER granting #47 Motion for Attorney Justin C. Fineberg to Appear Pro Hac Vice. Certificate of Good Standing due by 7/24/2022. Signed by Clerk on 5/25/2022. (Oliver, T.)
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| Filing 47 MOTION for Attorney(s) Justin C. Fineberg to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6943501) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Declaration of Justin C. Fineberg)(Kurzman, Marc) |
| Filing 46 NOTICE of Appearance by Alan D. Lash on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Lash, Alan) |
| Filing 45 NOTICE of Appearance by Greg J Weintraub on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Weintraub, Greg) |
| Filing 44 Memorandum in Support re #43 MOTION to Remand to State Court filed by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Gunningsmith, Damian) |
| Filing 43 MOTION to Remand to State Court by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc..Responses due by 6/10/2022 (Gunningsmith, Damian) |
| Filing 42 NOTICE of Appearance by Jonathan E Siegelaub on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Siegelaub, Jonathan) |
| Filing 41 CERTIFICATE OF GOOD STANDING re #35 MOTION for Attorney(s) Jonathan J. Siegelaub to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935882) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Gunningsmith, Damian) |
| Filing 40 CERTIFICATE OF GOOD STANDING re #34 MOTION for Attorney(s) Greg J. Weintraub to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935845) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Gunningsmith, Damian) |
| Filing 39 CERTIFICATE OF GOOD STANDING re #33 MOTION for Attorney(s) Alan D. Lash to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935823) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Gunningsmith, Damian) |
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Filing 38
ORDER granting #34 Motion to Appear Pro Hac Vice, Certificate of Good Standing due by 7/17/2022. Signed by Judge Sarah A. L. Merriam on 5/18/2022. (Caffrey, A.)
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Filing 37
ORDER granting #35 Motion for Attorney Jonathan J. Siegelaub to Appear Pro Hac Vice. Certificate of Good Standing due by 7/17/2022. Signed by Clerk on 5/18/2022. (Oliver, T.)
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Filing 36
ORDER granting #33 Motion for Attorney Alan D. Lash to Appear Pro Hac Vice. Certificate of Good Standing due by 7/17/2022. Signed by Clerk on 5/18/2022. (Oliver, T.)
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| Filing 35 MOTION for Attorney(s) Jonathan J. Siegelaub to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935882) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Declaration of Jonathan E. Siegelaub)(Kurzman, Marc) |
| Filing 34 MOTION for Attorney(s) Greg J. Weintraub to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935845) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Declaration of Greg J. Weintraub)(Kurzman, Marc) |
| Filing 33 MOTION for Attorney(s) Alan D. Lash to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6935823) by Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc.. (Attachments: #1 Declaration of Alan D. Lash)(Kurzman, Marc) |
| Filing 32 NOTICE of Appearance by Fabiola Vega on behalf of Cigna Health and Life Insurance Company (Vega, Fabiola) |
| Filing 31 NOTICE of Appearance by Richard Diggs on behalf of Cigna Health and Life Insurance Company (Diggs, Richard) |
| Filing 30 NOTICE of Appearance by John Jian Song on behalf of Cigna Health and Life Insurance Company (Song, John) |
| Filing 29 NOTICE of Appearance by Warren Haskel on behalf of Cigna Health and Life Insurance Company (Haskel, Warren) |
| Filing 28 NOTICE of Appearance by Joshua B. Simon on behalf of Cigna Health and Life Insurance Company (Simon, Joshua) |
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Filing 27
ORDER granting #21 Motion for Attorney Joshua B. Simon to Appear Pro Hac Vice. Signed by Clerk on 5/5/2022. (Oliver, T.)
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Filing 26
ORDER granting #20 Motion for Attorney Fabiola Vega to Appear Pro Hac Vice. Signed by Clerk on 5/5/2022. (Oliver, T.)
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Filing 25
ORDER granting #19 Motion for Attorney Richard Diggs to Appear Pro Hac Vice. Signed by Clerk on 5/5/2022. (Oliver, T.)
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Filing 24
ORDER granting #18 Motion for Attorney John J. Song to Appear Pro Hac Vice. Signed by Clerk on 5/5/2022. (Oliver, T.)
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Filing 23
ORDER granting #17 Motion for Attorney Warren Haskel to Appear Pro Hac Vice. Signed by Clerk on 5/5/2022. (Oliver, T.)
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| Filing 22 NOTICE of Appearance by Damian K. Gunningsmith on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Gunningsmith, Damian) |
| Filing 21 MOTION for Attorney(s) Joshua B. Simon to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6921843) by Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A)(Tucci, Theodore) |
| Filing 20 MOTION for Attorney(s) Fabiola Vega to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6921840) by Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A)(Tucci, Theodore) |
| Filing 19 MOTION for Attorney(s) Richard Diggs to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6921835) by Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A)(Tucci, Theodore) |
| Filing 18 MOTION for Attorney(s) John J. Song to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6921832) by Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A)(Tucci, Theodore) |
| Filing 17 MOTION for Attorney(s) Warren Haskel to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6921830) by Cigna Health and Life Insurance Company. (Attachments: #1 Affidavit, #2 Exhibit A)(Tucci, Theodore) |
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Filing 16
ORDER granting, in part, #14 Joint Motion to Stay. The parties have indicated that plaintiffs plan to file a motion for remand of this matter to state court, and jointly requesting a stay until that motion can be resolved by the Court. Rather than enter a stay, the Court hereby terminates all existing deadlines in this matter pending resolution of the expected motion for remand. The Order on Pretrial Deadlines previously entered (Doc. #6 ) is terminated. Plaintiffs shall file any motion for remand on or before May 20, 2022. Defendant shall file any response on or before June 10, 2022, and any reply brief by plaintiffs shall be filed no later than June 24, 2022. If the motion for remand is denied (or if no such motion is filed by the deadline), the parties shall file their Rule 26(f) Report of Parties' Planning Meeting within 30 days of the issuance of the order on motion for remand. The Court will enter a full Scheduling Order after receipt of the parties' 26(f) Report. Defendant shall file a response to plaintiffs' Complaint within 45 days of the issuance of the order on motion for remand, if that motion is denied. It is so ordered. Signed by Judge Sarah A. L. Merriam on 5/2/2022. (McCallum, C.)
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| Filing 15 NOTICE of Appearance by Marc J. Kurzman on behalf of Amisub (SFH), Inc., Amisub of South Carolina, Inc., BBH BMC, LLC, Coastal Carolina Medical Center, Inc., Delray Medical Center, Inc., East Cooper Community Hospital, Inc., Good Samaritan Medical Center Inc., Hilton Head Health System, L.P., Hospital Development of West Phoenix, Inc., Palm Beach Gardens Community Hospital, Inc., SMSJ Tucson Holdings, LLC, Saint Francis Hospital-Bartlett, Inc., St. Mary's Medical Center, Inc., VHS Acquisition Subsidiary Number 1, Inc., VHS Acquisition Subsidiary Number 7, Inc., VHS Acquisition Subsidiary Number 9, Inc., VHS of Arrowhead, Inc., VHS of Phoenix, Inc., West Boca Medical Center, Inc. (Kurzman, Marc) |
| Filing 14 Joint MOTION to Stay by Cigna Health and Life Insurance Company.Responses due by 5/23/2022 (Tucci, Theodore) |
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Filing 13
ORDER. Defendant has removed this case to the District of Connecticut, asserting that "ERISA 502(a) preempts the Plaintiffs' CUTPA/CUIPA and unjust enrichment and quantum meruit claims for benefits asserted against Cigna in the Complaint." Doc. #1 at 7. Defendant therefore contends that "this Court has original jurisdiction over this case under 28 U.S.C. 1331 and ERISA 502(a) and all state law claims without regard to the amount in controversy." Id. at 8. Plaintiffs are reminded that any "motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal[.]" 28 U.S.C. 1447(c). If plaintiffs contend that this Court lacks subject matter jurisdiction, the Court is of course empowered to entertain a motion to remand on that basis at any time. See id.; see also Fed. R. Civ. P. 12(h)(3). However, plaintiffs should file any motion on that basis, if they feel such a motion is warranted, as soon as reasonably practicable.Defendant is reminded that its responsive pleading is due "7 days after the notice of removal is filed[,]" that is, on or before May 5, 2022. Fed. R. Civ. P. 81(c)(2)(C).All parties are advised to carefully review the Local Rules and all orders entered in this action. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/29/2022. (McCallum, C.)
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| Filing 12 CERTIFICATE OF SERVICE by Cigna Health and Life Insurance Company re #1 Notice of Removal, Certificate of Filing and Service of Notice of Removal (Attachments: #1 Exhibit 1)(Tucci, Theodore) |
| Filing 11 NOTICE of Appearance by Michael H. Bernstein on behalf of Cigna Health and Life Insurance Company (Bernstein, Michael) |
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Filing 10
ORDER. All counsel and self-represented parties are advised that any requests for relief, including the rescheduling of conferences or hearings that have been calendared on ECF, must be made by filing of a motion on the docket, in full compliance with all applicable Federal and Local Rules. Relief from deadlines, orders, and calendars may not be obtained by calling or emailing chambers staff or the Clerk's Office. Court staff cannot provide advice or guidance, and ex parte communications with the Court are generally improper. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/28/2022.(Caffrey, A.)
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| Filing 9 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Corporate Disclosure Statement filed by Cigna Health and Life Insurance Company, #2 Notice of Appearance filed by Cigna Health and Life Insurance Company, #1 Notice of Removal, filed by Cigna Health and Life Insurance Company, #8 Protective Order, #6 Order on Pretrial Deadlines, #3 Notice (Other) filed by Cigna Health and Life Insurance Company, #4 Notice (Other) filed by Cigna Health and Life Insurance Company, #7 Electronic Filing Order Signed by Clerk on 4/28/2022. (Attachments: #1 Standing Order on Removed Cases) (Oliver, T.) |
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Filing 8
STANDING PROTECTIVE ORDER Signed by Judge Sarah A. L. Merriam on 4/28/2022. (Oliver, T.)
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah A. L. Merriam on 4/28/2022. (Oliver, T.)
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Filing 6
Order on Pretrial Deadlines: Amended Pleadings due by 6/27/2022 Discovery due by 10/28/2022 Dispositive Motions due by 12/2/2022 Signed by Clerk on 4/28/2022. (Oliver, T.)
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| Filing 5 Corporate Disclosure Statement by Cigna Health and Life Insurance Company. (Tucci, Theodore) |
| Filing 4 NOTICE by Cigna Health and Life Insurance Company Notice of Pending Motions (Tucci, Theodore) |
| Filing 3 NOTICE by Cigna Health and Life Insurance Company re #1 Notice of Removal, Statement in Compliance with Standing Order in Removed Cases (Tucci, Theodore) |
| Filing 2 NOTICE of Appearance by Theodore J. Tucci on behalf of Cigna Health and Life Insurance Company (Tucci, Theodore) |
| Filing 1 NOTICE OF REMOVAL by Cigna Health and Life Insurance Company from Hartford Superior Court, case number HHD-CV-22-6153882-S. Filing fee $ 402 receipt number ACTDC-6915260, filed by Cigna Health and Life Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit C-3, #7 Exhibit C-4, #8 Exhibit C-5, #9 Exhibit C-6, #10 Exhibit C-7)(Tucci, Theodore) |
| Judge Sarah A. L. Merriam added. (Oliver, T.) |
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| Search for this case: VHS of Arrowhead, Inc. et al v. Cigna Health and Life Insurance Company | |
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| Plaintiff: VHS of Arrowhead, Inc. doing business as Abrazo Arizona Heart Hospital doing business as Abrazo Arrowhead Campus | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: VHS of Phoenix, Inc. doing business as Abrazo Central Campus | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: VHS Acquisition Subsidiary Number 1, Inc. doing business as Abrazo Scottsdale Campus | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Hospital Development of West Phoenix, Inc. doing business as Abrazo West Campus | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: SMSJ Tucson Holdings, LLC doing business as Carondelet St. Joseph's Hospital doing business as Carondelet St. Mary's Hospital | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Delray Medical Center, Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Good Samaritan Medical Center Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Palm Beach Gardens Community Hospital, Inc. doing business as Palm Beach Gardens Medical Center | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: St. Mary's Medical Center, Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: West Boca Medical Center, Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Amisub (SFH), Inc. doing business as Saint Francis Hospital | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Saint Francis Hospital-Bartlett, Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: BBH BMC, LLC doing business as Brookwood Baptist Medical Center | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: VHS Acquisition Subsidiary Number 7, Inc. doing business as Saint Vincent Hospital | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: VHS Acquisition Subsidiary Number 9, Inc. doing business as Metrowest Medical Center Framingham Union Campus | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Hilton Head Health System, L.P. doing business as Hilton Head Hospital | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Coastal Carolina Medical Center, Inc. | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: East Cooper Community Hospital, Inc. doing business as East Cooper Medical Center | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Plaintiff: Amisub of South Carolina, Inc. doing business as Piedmont Medical Center | |
| Represented By: | Marc J. Kurzman |
| Represented By: | Alan D. Lash |
| Represented By: | Damian K. Gunningsmith |
| Represented By: | Greg J Weintraub |
| Represented By: | Justin C. Fineberg |
| Represented By: | Jonathan E Siegelaub |
| Represented By: | Timothy A. Smith |
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| Defendant: Cigna Health and Life Insurance Company | |
| Represented By: | Michael H. Bernstein |
| Represented By: | Theodore J. Tucci |
| Represented By: | Fabiola Vega |
| Represented By: | John Jian Song |
| Represented By: | Joshua B. Simon |
| Represented By: | Richard Diggs |
| Represented By: | Warren Haskel |
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