SMITH v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT
| JANE SMITH |
| UNITED STATES OFFICE OF PERSONNEL MANAGEMENT |
| CORAM CVS SPECIALTY INFUSION SERVICES, CAREFIRST OF MARYLAND, INC. doing business as CAREFIRST BLUECROSS BLUESHIELD, GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. doing business as CAREFIRST BLUECROSS BLUESHIELD and BLUE CROSS AND BLUE SHIELD ASSOCIATION |
| 1:2021cv02805 |
| October 22, 2021 |
| US District Court for the District of Columbia |
| Amy Berman Jackson |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.
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MINUTE ORDER. Upon review of the joint status report #34 , and in an effort to reduce the number of filings to the Court, the proposed schedule will be modified as follows: OPM must file any dispositive motion in response to plaintiff's complaint by December 23, 2021. Plaintiff's opposition and any cross-motion, supported by a single memorandum of points and authorities, must be submitted by January 10, 2022. OPM's reply, combined with any cross-opposition, must be submitted by January 18, 2022. Plaintiff's cross-reply, if needed, must be submitted by January 21, 2022. At the same time, the third-party defendants may file any dispositive motion responsive to OPM's interpleader complaint by December 23, 2021; OPM's opposition to any such motion must be submitted by January 10, 2022; and the third-party defendants' reply must be submitted by January 18, 2022. If OPM determines that a cross-motion is necessary, any motion and brief in support must be combined with its opposition, and the third party defendants' opposition will be combined with their reply. Signed by Judge Amy Berman Jackson on 11/29/2021. (lcabj1)
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| Filing 34 Joint STATUS REPORT by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Text of Proposed Order)(Hudak, Brian) |
| Filing 33 NOTICE of Appearance by Brian Andrew Hill on behalf of BLUE CROSS AND BLUE SHIELD ASSOCIATION, CAREFIRST OF MARYLAND, INC., GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. (Hill, Brian) |
| Filing 32 NOTICE of Appearance by Anthony F. Shelley on behalf of BLUE CROSS AND BLUE SHIELD ASSOCIATION, CAREFIRST OF MARYLAND, INC., GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. (Shelley, Anthony) |
| Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BLUE CROSS AND BLUE SHIELD ASSOCIATION served on 11/22/2021, answer due 12/13/2021; CAREFIRST OF MARYLAND, INC. served on 11/22/2021, answer due 12/13/2021; CORAM CVS SPECIALTY INFUSION SERVICES served on 11/22/2021, answer due 12/13/2021; GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. served on 11/22/2021, answer due 12/13/2021 (Attachments: #1 Summons (CareFirst), #2 Summons (Group Hosp.), #3 Summons (BlueCross))(Hudak, Brian) |
| Filing 29 NOTICE of Appearance by Eric Robert Delinsky on behalf of CORAM CVS SPECIALTY INFUSION SERVICES (Delinsky, Eric) |
| Filing 28 SUMMONS (4) Issued Electronically as to BLUE CROSS AND BLUE SHIELD ASSOCIATION, CAREFIRST OF MARYLAND, INC., CORAM CVS SPECIALTY INFUSION SERVICES, GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC.. (Attachment: #1 Notice and Consent)(zeg) |
| Filing 27 NOTICE OF WITHDRAWAL OF MOTION by JANE SMITH re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Joshi, Cary) |
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MINUTE ORDER. Given the government's notice #26 , the hearing scheduled for November 19, 2021 is hereby VACATED, as is the deadline for the government to submit the materials identified in yesterday's minute order. The parties must submit a joint status report by November 24, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/18/2021. (lcabj1)
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| Set/Reset Deadline: The parties must submit a Joint Status Report by 11/24/2021. (jth) |
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MINUTE ORDER. It is not clear to the Court from the Notice #26 filed by OPM at 5:00 yesterday whether plaintiff will receive the final Coram delivery on January 4, 2022, or whether under the terms of the current agreement, plaintiff would run out of the supplies she needs on the Tuesday after a holiday weekend if the matter is not resolved in the interim. The parties must clarify that matter in the November 24 status report, and the report must include a proposed schedule for further proceedings, if necessary. If there will be no delivery on January 4, the Court expects that the proposed schedule for the potential renewal of any motion for a TRO or preliminary injunction provides that it be fully briefed - including the motion, opposition, and reply - for the Court's consideration by December 20 and that the parties notify the Court of all of the dates among those that follow when they could be available for a hearing, if necessary: December 21, 22, 29, or 30. Given the serious and complicated nature of the issues presented, there is absolutely no reason why the issues should once again be presented to the Court on an emergency basis simply because the parties have let it become an emergency. OPM must transmit this minute order, and all future orders, to all of the third-party defendants until an attorney enters an appearance on each entity's behalf. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/18/2021. (lcabj1)
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| Filing 26 NOTICE OF WITHDRAWAL OF MOTION by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT re #24 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Hudak, Brian) Modified to add link on 11/23/2021 (znmw). |
| Filing 25 STATUS REPORT by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Hudak, Brian) |
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MINUTE ORDER. A hearing on the motions for a temporary restraining order and a preliminary injunction, #2 and #24 , is set for 11:00 AM on Friday, November 19, 2021 in Courtroom 3. Plaintiff may appear by phone or video, but counsel for each party must appear in person. Given that the third-party defendants have not entered an appearance in the case, OPM is ORDERED to transmit both this minute order and the minute order entered yesterday to counsel for each entity and to file a notice with the Court when it has done so. OPM is FURTHER ORDERED to docket both the 2021 Plan Brochure it references in its filings and the materials it provided federal employees during the 2020 open season that described the available plans, including the Blue Cross Blue Shield plan it alleges plaintiff's father selected, by 5 PM today, November 17, 2021. Signed by Judge Amy Berman Jackson on 11/17/2021. (lcabj1)
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| Filing 31 COUNTERCLAIM against JANE SMITH filed by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (See Docket Entry #23 to view document)(zjf) |
| Filing 24 WITHDRAWN PURSUANT TO NOTICE FILED 11/17/21.....MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Text of Proposed Order)(Hudak, Brian) Modified on 11/17/2021 (jth). |
| Filing 23 THIRD PARTY COMPLAINT and Counterclaim against JANE SMITH, CORAM CVS SPECIALTY INFUSION SERVICES, CAREFIRST OF MARYLAND, INC. d/b/a CareFirst BlueCross BlueShield, GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. d/b/a CareFirst BlueCross BlueShield, BLUE CROSS AND BLUE SHIELD ASSOCIATION filed by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Exhibit 1 (Letter of 2021-10-29), #2 Summons Coram, #3 Summons CareFirst Maryland, #4 Summons CareFirst Group Hosp., #5 Summons Blue Cross)(Hudak, Brian) |
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MINUTE ORDER. Any responses to OPM's motion #24 for temporary restraining order and preliminary injunction must be submitted by 3 PM on November 18, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/16/2021. (lcabj1) Modified on 11/16/2021 to reflect the correct due month of any response to "November" not "October" (jth).
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| Filing 22 NOTICE of Appearance by Gregory B. Heller on behalf of JANE SMITH (Heller, Gregory) |
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MINUTE ORDER. The parties must submit a joint status report by November 18, 2021 if the matter is not resolved in the interim. Signed by Judge Amy Berman Jackson on 11/8/2021. (lcabj1)
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| NOTICE OF ERROR re #17 Declaration; emailed to patricia.mcbride@usdoj.gov, cc'd 10 associated attorneys -- The PDF file you docketed contained errors: 1. Incorrect event used, 2. DO NOT REFILE- FYI for future filing(s) counsel should use the Response to Court Order under OPPOSTIONS/REPLIES event (zjf, ) |
| Filing 21 STATUS REPORT by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Hudak, Brian) |
| Filing 20 NOTICE of Appearance by Gregory Heller on behalf of JANE SMITH (Heller, Gregory) |
| Filing 19 ERRATA by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (McBride, Patricia) |
| Filing 18 REPLY to opposition to motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by JANE SMITH. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Joshi, Cary) |
| Filing 17 RESPONSE to Court Order by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Exhibit B, #2 Exhibit A)(McBride, Patricia) Modified on 11/7/2021 to court docket event/text(zjf). |
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MINUTE ORDER. The last status report #12 in this case was filed on October 29, 2021. As the Court stated on October 30, 2021, it "continues to believe that this matter will be most effectively resolved through negotiation, and it will afford the parties as much time as they need to work with the circuit mediator, but only if the status quo is maintained in the meantime." Defendant has now represented #17 that the parties have been "focused on efforts to provide the Plaintiff with the enteral and infusion supplies she will need starting on November 9, 2021," but plaintiff reports that [18-1] "[a]t the time of filing my reply in further support of the motion for a TRO and preliminary injunction, Coram has declined to provide any additional supplies to me." At the same time, plaintiff now states that she has consented to a case management agreement [18-2] "for the period of the transition to a different provider of enteral and infusions supplies and services," #18 , but "CareFirst has also been unable to find a provider" other than Coram. Therefore, the parties are hereby ORDERED to file a status report by 6:00 pm today that updates the Court on the status of plaintiff's supplies as of November 8, 2021. Signed by Judge Amy Berman Jackson on 11/5/2021. (lcabj1)
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| Filing 16 ERRATA to Replace Exhibit 3 by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by JANE SMITH. (Attachments: #1 Exhibit 3 - Provider Agreement)(McBride, Patricia) |
| Filing 15 MOTION for Leave to File by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (McBride, Patricia) |
| Filing 14 Memorandum in opposition to re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: #1 Exhibit 1 - PULLEY DECLARATION, #2 Exhibit 2 - YODER DECLARATION, #3 Exhibit 3-PROVIDER AGREEMENT, #4 Exhibit SECOND PULLEY DECLARATION)(McBride, Patricia) |
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MINUTE ORDER. Plaintiff's reply in support of her motion for a temporary restraining order must be submitted by 1:00 PM on November 5, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/3/2021. (lcabj1)
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MINUTE ORDER granting #15 Defendant's Motion for Leave to File its Opposition Late. Defendant's opposition #14 is deemed timely. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/3/2021. (lcabj1)
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MINUTE ORDER. Given the positions taken by OPM and BCBSA, this case may turn largely on the relationship between CareFirst and Coram, and with respect to that, OPM's affiant said only this: "In support of OPM's Motion in Opposition to the Plaintiff's Motion for a Temporary Restraining Order, OPM requested CareFirst to provide a declaration articulating the relationship between CareFirst and Coram/CVS for the Court. CareFirst has indicated that it is unable to prepare such a declaration by the time required for OPM's filing today. CareFirst is further of the view that a declaration as to its contractual relationship with Coram/CVS is not necessary as the Participating Provider Agreement speaks for itself." See [14-4]. While OPM subsequently corrected its submission and provided the Court with the correct Provider Participation Agreement, [16-1], the Court is not of the view that this document "speaks for itself" as to the question of whether a provider may refuse to provide covered services to a member, whether CareFirst can require it to do, and if the answer to both those questions is no, whether CareFirst has any obligation to identify a provider that will. The Court also notes that the appropriate avenue for dealing with a lack of sufficient time to provide the Court with information is to ask for additional time, as the defense did previously. So, the Court will deem another such motion to have been filed and it will grant it. Therefore, the declaration of a person with knowledge from CareFirst must be filed by noon on Friday, November 5, 2021. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/3/2021. (lcabj1)
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MINUTE ORDER granting in part and denying in part #13 Motion for Extension of Time to File Response. It is ORDERED that defendant's response to the motion for preliminary injunction is due at 1:00 pm, Wednesday, November 3, 2021, notwithstanding plaintiff's objection since counsel has been fully occupied trying to get the necessary players to the table and to resolve the case since it was filed. But absent an agreement by the defendant to ensure that plaintiff will have sufficient infusion and enteral supplies to last through November 15, at least, the Court cannot wait until Friday, November 5 to receive defendant's brief; right now, more supplies will be needed on Monday, November 8. The Court continues to believe that this matter will be most effectively resolved through negotiation, and it will afford the parties as much time as they need to work with the circuit mediator, but only if the status quo is maintained in the meantime. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/30/21. (DMK)
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| Filing 13 MOTION for Extension of Time to File Response/Reply by UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (McBride, Patricia) |
| Filing 12 STATUS REPORT TO THE COURT by JANE SMITH. (Joshi, Cary) |
| Filing 11 SUMMONS (3) Issued Electronically as to UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, U.S. Attorney and U.S. Attorney General (zjf) |
| Filing 10 NOTICE TO THE COURT by JANE SMITH (Joshi, Cary) |
| Filing 9 REQUEST FOR SUMMONS TO ISSUE United States Office of Personnel Management, United States Attorney General, United States Attorney District of Columbia re #1 Complaint filed by JANE SMITH. Related document: #1 Complaint filed by JANE SMITH.(Joshi, Cary) |
| Filing 8 NOTICE TO THE COURT by JANE SMITH (Joshi, Cary) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory Heller, Filing fee $ 100, receipt number ADCDC-8824198. Fee Status: Fee Paid. by JANE SMITH. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Joshi, Cary) |
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MINUTE ORDER granting #7 Motion for Leave of Gregory B. Heller to Appear Pro Hac Vice only upon condition that the lawyer admitted, or at least one member of the lawyer's firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Amy Berman Jackson on 10/26/21. (DMK)
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MINUTE ORDER. Counsel for Coram represented during the 4:30 pm telephone conference yesterday that an additional shipment of one week's worth of infusion supplies could be shipped so that plaintiff would be in possession of a 14-day supply of all necessary medical supplies. The Court expects to be notified forthwith of the status of that shipment by a person with actual knowledge. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/26/2021. (lcabj1)
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Filing 6
ORDER. This case is referred to mediation to commence immediately. The parties must submit a status report by October 29, 2021. See Order for details, including parties who must attend mediation. Signed by Judge Amy Berman Jackson on 10/25/2021. (lcabj1)
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| Filing 5 DECLARATION by JANE SMITH re #2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction filed by JANE SMITH. (Joshi, Cary) |
| Filing 4 NOTICE of Proposed Order by JANE SMITH re #2 MOTION for Temporary Restraining Order MOTION for Permanent Injunction (Joshi, Cary) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gregory Heller, Filing fee $ 100, receipt number ADCDC-8819352. Fee Status: Fee Paid. by JANE SMITH. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Joshi, Cary) |
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MINUTE ORDER. Pursuant to 5 U.S.C. s. 8902(j), and as ORDERED on the record during today's hearing, the following parties must appear on the continued telephonic conference at 4:30 PM today: plaintiff's counsel, government counsel, OPM, Blue Cross Blue Shield, Carefirst, and Coram. Plaintiff may also participate in the call. It is FURTHER ORDERED that, prior to the 4:30 call, OPM must docket shipping records, and may also include a declaration from a person with personal knowledge from Coram attaching such records, that establish that supplies have in fact already been shipped to the plaintiff and reflect exactly when they will arrive; and, if they are not scheduled to arrive today, additional records reflecting that arrangements have been made with local distributors to deliver an emergency supply today. SO ORDERED. Signed by Judge Amy Berman Jackson on 10/25/2021. (lcabj1)
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| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Conference Call held on 10/25/2021. Oral Request by Counsel for the Plaintiff to Seal the Transcript of the Call was Heard and Granted. Defendant's Response to the #2 Motion for Temporary Restraining Order and Preliminary Injunction is due by 10/29/2021, any Reply is due by 11/1/2021. (Court Reporter: Lisa Moreira) (jth) |
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MINUTE ORDER denying without prejudice #3 Motion for Leave to Appear Pro Hac Vice for failure to comply with the specific requirements of Local Civil Rule 83.2(d), in particular subpart (4) which requires a certification that the attorney either has or has not been disciplined by any bar and the circumstances of any discipline. Signed by Judge Amy Berman Jackson on 10/25/21. (DMK)
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| Filing 2 MOTION for Temporary Restraining Order , MOTION for Permanent Injunction by JANE SMITH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Text of Proposed Order, #18 Text of Proposed Order)(Joshi, Cary). Added MOTION for Permanent Injunction on 10/22/2021 (zjf). |
| Filing 1 COMPLAINT against UNITED STATES OFFICE OF PERSONNEL MANAGEMENT ( Filing fee $ 402 receipt number ADCDC-8817426) filed by JANE SMITH. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Joshi, Cary) |
| Case Assigned to Judge Amy Berman Jackson. (adh, ) |
| Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Conference Call held on 10/22/2021. Oral Request by Counsel for the Plaintiff to Seal the Transcript of the Call was Heard and Granted). Another Telephone Conference Call is set for 10/25/2021 at 10:00 AM before Judge Amy Berman Jackson. The same dial in number and pass code will be used for the call on 10/25/2021. (Court Reporter: Janice Dickman) (jth) |
| Set/Reset Hearing: Telephone Conference Call set for 10/22/2021 at 3:15 PM before Judge Amy Berman Jackson. (jth) |
| SUMMONS Not Issued as to UNITED STATES OFFICE OF PERSONNEL MANAGEMENT (adh, ) |
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