Sheridan Healthcorp, Inc. v. Aetna Health Inc. et al
| Sheridan Healthcorp, Inc. |
| Aetna Health Inc., First Health Life and Health Insurance Company, Coventry Health Plan of Florida, Inc., Aetna Life Insurance Company and Coventry Health and Life Insurance Company |
| 0:2018cv62793 |
| November 16, 2018 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Insurance |
| 29 U.S.C. § 1001 |
| Defendant |
Docket Report
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This docket was last retrieved on November 21, 2018. A more recent docket listing may be available from PACER.
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| Civil Case Terminated as per #17 Order. (ra) |
| Filing 18 Transmittal Letter Sent with Order Remanding Case to State Court to: Seventeenth Judicial Circuit Court for Broward County, Florida.. State Court Case Number: CACE 15-009394 (07) (jas) |
Filing 17
ORDER granting 6 the Plaintiff's motion to remand. Signed by Judge Robert N. Scola, Jr. on 11/20/2018. See attached document for full details. (kbe)
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Filing 16
PAPERLESS ORDER: The Court grants #15 the Plaintiff's motion to file its reply in support of its emergency motion to remand under seal. The Plaintiff is ordered to contemporaneously file two versions of its reply: one that will be publicly filed on the docket with the confidential information redacted from the response and its attachments; and one that will be filed under seal, without redactions. The Clerk is directed to maintain the Defendants' sealed filing under seal until November 20, 2023 at which time it may be unsealed. Signed by Judge Robert N. Scola, Jr. on 11/20/2018. (kbe)
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| Filing 15 MOTION to Seal Re: Emergency Motion to Remand per Local Rule 5.4 by Sheridan Healthcorp, Inc.. (Attachments: #1 Exhibit A - Confidentiality Order, #2 Text of Proposed Order) (Soto, Edward) |
| Filing 14 RESPONSE in Opposition re #11 EMERGENCY MOTION with Certification of Emergency attached (Motion to Remand) filed by Aetna Health Inc., Aetna Life Insurance Company, Coventry Health Plan of Florida, Inc., Coventry Health and Life Insurance Company, First Health Life and Health Insurance Company. Replies due by 11/27/2018. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Email, #3 Exhibit C - Deposition Excerpts, #4 Exhibit D - Deposition Excerpts, #5 Exhibit E - Expert Report, #6 Exhibit F - Declaration, #7 Exhibit G - Declaration, #8 Exhibit H - Hearing Transcript, #9 Exhibit I - Hearing Transcript)(Hermann, Richard) |
| Filing 11 EMERGENCY MOTION with Certification of Emergency attached (Motion to Remand) by Sheridan Healthcorp, Inc.. Responses due by 12/4/2018 (Attachments: #1 Exhibit A - 1/11/16 Motion to Remand, #2 Exhibit B - Filed Under Seal, #3 Exhibit C- Filed Under Seal, #4 Exhibit D - 10/25/18 Hermann letter, #5 Exhibit E - 10/29/18 Soto Letter, #6 Exhibit F - 11/6/18 Hearing transcript excerpt, #7 Exhibit G - 11/11/18 Genender letter, #8 Exhibit H - Sealed, #9 Exhibit I - 2/1/16 Reply ISO motion First to Remand, #10 Exhibit J - Certification of Emergency, #11 Exhibit K - Redacted Bouchner Declaration)(Soto, Edward) |
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Filing 10
PAPERLESS ORDER: The Court grants in part and denies in part #9 the Defendants' unopposed emergency motion to file their response to the Plaintiff's emergency motion to remand under seal. According the Defendants' motion, their response "attaches and references extremely sensitive patient health and other information that is subject to a Confidentiality Order." They explain that the response "contains references to data/information protected by HIPAA" and proprietary materials. It therefore appears that, while some limited parts of the response should be sealed, there should at the same time be significant portions of the response that are not highly sensitive and thus which should not be subject to sealing. The Court thus grants the Defendants' motion to seal only with respect to the information that is actually subject to the confidentiality order. The Defendants are therefore ordered to contemporaneously file two versions of their response: one that will be publicly filed on the docket with the confidential information redacted from the response and its attachments; and one that will be filed under seal, without redactions. The Clerk is directed to maintain the Defendants' sealed filing under seal until November 20, 2023 at which time it may be unsealed. Signed by Judge Robert N. Scola, Jr on 11/20/2018. (kbe)
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| Filing 9 Defendant's MOTION to Seal Defendants' Response and Incorporated Memorandum of Law in Opposition to Plaintiff's Motion to Remand per Local Rule 5.4 by Aetna Health Inc., Aetna Life Insurance Company, Coventry Health Plan of Florida, Inc., Coventry Health and Life Insurance Company, First Health Life and Health Insurance Company. (Attachments: #1 Exhibit A - Confidentiality Order, #2 Exhibit B - Certification of Emergency, #3 Text of Proposed Order Granting Defendants' Unopposed Emergency Motion to File Under Seal Their Response and Incorporated Memorandum of Law in Opposition to Plaintiff's Motion to Remand) (DePiano, David) |
| SYSTEM ENTRY - Docket Entry 13 [motion] restricted/sealed until further notice. (516862) |
| SYSTEM ENTRY - Docket Entry 12 [misc] restricted/sealed until further notice. (761773) |
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Filing 8
PAPERLESS ORDER: Upon further review, the Court amends 7 the briefing schedule previously ordered. In light of the rapidly approaching trial deadlines in the state case, the Court orders the Defendants to respond to the Plaintiff's motion to remand on or before 3:00 p.m. on Tuesday, November 20, 2018. The Plaintiff must thereafter file its reply on or before 10:00 a.m on Wednesday, November 21, 2018. Because of the looming deadlines in the state case, no extensions will be considered. Further, the Defendants' failure to respond to the motion by 3:00 p.m may result in the immediate remand of this case. Signed by Judge Robert N. Scola, Jr. on 11/19/2018. (kbe)
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Filing 7
PAPERLESS ORDER: The Court grants in part and denies in part #5 the Plaintiff's emergency motion to file its emergency motion to remand under seal. According to the Plaintiff, its emergency motion for remand "attaches and references highly sensitive information that... is subject to a Confidentiality Order." It explains that the motion "incorporates... documents and portions of... deposition testimony... that has been designated 'Confidential' or 'Attorneys' Eyes Only.'" It therefore appears that, while some limited parts of the motion should be sealed, there should at the same time be significant portions of the remand motion that are not highly sensitive and thus which should not be subject to sealing. Accordingly, the Court grants the Plaintiff's motion to seal only with respect to the information that is actually subject to the confidentiality order. The Plaintiff is therefore ordered to file two versions of its emergency motion to remand: one that will be publicly filed on the docket with the confidential information redacted from the motion and its attachments; and one that will be filed under seal, without redactions. The Plaintiff is ordered to file the publicly available redacted version of the motion by 5:00 P.M. on November 20, 2018.Further the Court notes that ordinarily the Court would strike 6 the Plaintiff's sealed emergency motion to remand. Under Local Rule 5.4(b)(1), parties are not permitted to file proposed sealed material "unless the Court grants the motion file under seal." But, under the circumstances, and because the Court is ordering the Plaintiff to file its motion under seal anyway, the Court will not strike the filing. The Clerk is directed to maintain 6 the Plaintiff's sealed filing under seal until November 19, 2023 at which time it may be unsealed. Lastly, in order to expedite the briefing of the motion to remand, the Defendants are ordered to respond to the motion on or before noon on November 21, 2018. The Plaintiff must thereafter file its reply on or before November 26, 2018. Signed by Judge Robert N. Scola, Jr. on 11/19/2018. (kbe)
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| Filing 5 EMERGENCY MOTION with Certification of Emergency attached (Motion to File Under Seal) by Sheridan Healthcorp, Inc.. Responses due by 12/3/2018 (Attachments: #1 Exhibit A - Confidentiality Order, #2 Exhibit B - Certification of Emergency, #3 Text of Proposed Order)(Soto, Edward) |
| SYSTEM ENTRY - Docket Entry 6 [motion] restricted/sealed until further notice. (516862) |
| Filing 4 Notice of Pending, Refiled, Related or Similar Actions by Sheridan Healthcorp, Inc. (Soto, Edward) |
| Filing 3 NOTICE of Attorney Appearance by Edward Soto on behalf of Sheridan Healthcorp, Inc.. Attorney Edward Soto added to party Sheridan Healthcorp, Inc.(pty:pla). (Soto, Edward) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ebz) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Declaratory Relief) Filing fee $ 400.00 receipt number 113C-11166973, filed by First Health Life and Health Insurance Company, Coventry Health and Life Insurance Company, Aetna Life Insurance Company, Aetna Health Inc., Coventry Health Plan of Florida, Inc.. No Motion to Dismiss attached. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Complaint, #3 Exhibit 2 - Defendants' Answer and Affirmative Defenses, #4 Exhibit 3 - Defendants' Second Amended Answer and Affirmative Defenses, #5 Exhibit 4 - Letter from Edward Soto, #6 Exhibit 5 - Hearing Transcript from 11-6-18, #7 Exhibit 6 - Letter from Paul Genender, #8 Exhibit 7 - State Court Notice of Filing Notice of Removal)(Hermann, Richard) Modified on 11/16/2018 (ebz). |
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