ORMOND et al v. ANTHEM, INC. et al
| 1:2005cv01908 |
| December 28, 2005 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| David Frank Hamilton |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
820
ORDER ON MOTION TO STAY - Mr. DeJulius's motion for a stay (Dkt. 816 ) is DENIED. Mr. DeJulius and Mr. Paul remain ORDERED to post either a surety bond or cash bond securing the amount of $250,000.00, jointly and severally. The bond must be posted within seven days of the date of this Order or by March 21, 2012. Signed by Judge Tanya Walton Pratt on 3/14/2013. Copy Mailed. (JD)
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Filing
811
ORDER ON REQUEST FOR APPEAL BOND - Plaintiff's motion is GRANTED, in part. Mr. DeJulius, by and through his attorney John W. Pentz and Mr. Paul, c/o attorney Darrell Palmer, are required to each post a bond, jointly and severally in the amount of $250,000.00, which is comprised of: (1) $15,000.00 for the direct taxable costs of the appeal and (2) $235,000.00 for the administrative costs of the delay caused by the appeal. Mr. DeJulius and Mr. Paul shall file within 10 days of the date of this Order, proof that they have secured the bonds directed by this Order. Signed by Judge Tanya Walton Pratt on 2/27/2013. Copy Mailed. (JD)
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Filing
786
AMENDED ENTRY on 724 Motion for Attorneys' Fees, Costs, and Case Contribution Awards - Class Counsel's request for attorneys' fees in the amount of 33.3%, or $30 million and for $6,243,278.10 in litigation expenses is GRANTED. Class Representatives Mrs. Ormond and Mr. Heekin are each entitled to a $25,000.00 incentive award. Signed by Judge Tanya Walton Pratt on 11/20/2012 (nunc pro tunc).(TRG) Modified on 11/21/2012 (TRG).
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Filing
775
FINAL ORDER APPROVING CLASS SETTLEMENT - For the reasons set forth above, the Settlement as proposed is APPROVED. Class Member Mr. Paul's objection to the cy pres award is OVERRULED. Additionally, Mr. Paul's request for an incentive aw ard is DENIED. Finally, this action, including all individual and Class claims asserted in it, is therefore DISMISSED on the merits and with prejudice. This Final Order incorporates the Settlement Agreement (Dkt. 716-1) and Plan of Allocation (Dkt . 716-2). The terms of this Settlement and this Order are binding and have res judicata and preclusive effect in all pending and future claims, lawsuits, or other proceedings encompassed by the Release set forth in the Settlement. By separate order, the Court will enter final judgment and issue its ruling on Class Counsel's request for attorneys' fees and costs and an incentive award for named Plaintiffs. Signed by Judge Tanya Walton Pratt on 11/9/2012. Copy Mailed. (JD)
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Filing
550
ORDER DECERTIFYING ERISA SUBCLASS AND GRANTING WITHDRAWAL OF DANIEL J. CESCATO AS A CLASS REPRESENTATIVE - Plaintiffs' Motion To Decertify ERISA Subclass and Withdraw Daniel J Cescato as Named Plaintiff (Dkt. 495 ) is GRANTED. Signed by Judge Tanya Walton Pratt on 5/4/2012. (JD)
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Filing
548
ENTRY on Plaintiffs' Emergency Motion for Leave to File Consolidated Expert Testimony Response Brief and Exceed Page Limit for Single Response Brief - Plaintiffs' Emergency Motion for Leave to File Consolidated Expert Testimony Response Brief and Exceed Page Limit for Single Response Brief (Dkt. 544 ) is DENIED. Signed by Judge Tanya Walton Pratt on 5/1/2012. (TRG)
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Filing
492
ORDER on Defendants' Request to Enforce Discovery Order: The Defendants' request to enforce the prior discovery order is granted. The Court agrees with Defendants' contention that Plaintiff s' position "turns the Court's Sanctions Order on its head and should be rejected." [Docket No. 486 at 2.] Accordingly, as previously ordered, Defendants may depose the exper t witnesses discussed in the Court's May 24, 2011, order, and Plaintiffs shall pay the costs associated with those depositions (see Order for additional details). Signed by Magistrate Judge Tim A. Baker on 1/31/2012.(SWM)
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Filing
478
ENTRY ON PENDING MOTIONS - For the reasons set forth, Defendants' Motion to Decertify Class (Dkt. 363 ) is DENIED AS MOOT, (2) Plaintiffs' Motion for Partial Summary Judgment (Dkt. 416 ) is DENIED, and (3) Defendants' Appeal of the Magistrate Judges Decision (Dkt. 438 ) is DENIED AS MOOT. Signed by Judge Tanya Walton Pratt on 11/1/2011. (JD)
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Filing
474
ENTRY ON MOTION FOR CERTIFICATE OF APPEALABILITY - Anthem's 457 Motion for Certificate of Appealability pursuant to 28 U.S.C. § 1292(b) is GRANTED. Signed by Judge Tanya Walton Pratt on 9/2/2011. (JD)
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Filing
473
ORDER denying Defts' 422 Motion to Strike or Defer Briefing (see Order). Signed by Magistrate Judge Tim A. Baker on 8/25/2011. (SWM)
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Filing
470
ENTRY AND ORDER REGARDING CONFERENCE HELD ON AUGUST 24, 2011 - This matter is before the Court for a conference to discuss pending matters. Plaintiffs and Defendants appear by counsel. Defendants' corresponding Motion for Oral Arguments (Dkt. [4 59]) is DENIED. Plaintiffs' Motion to Exchange Existing Trial Settings (Dkt. 448 ) is DENIED. Plaintiffs' Motion to Narrow the Class Definition (Dkt. 387 ) is DENIED AS MOOT. This and other jury and courtroom related issues will be disc ussed in much greater detail at the final pretrial conference, which is scheduled for May 30, 2012 at 10:00 a.m. To reiterate, this matter remains set for trial by jury on June 18, 2012 at 9:00 a.m. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.)(JD)
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Filing
449
ENTRY ON PLAINTIFFS' OBJECTIONS TO MAGISTRATE JUDGE'S ORDER - For the reasons set forth, Plaintiffs' Objections to the Magistrate Judges Discovery Order (dkt no. 330 ) are DENIED. **SEE ENTRY**. Signed by Judge Tanya Walton Pratt on 7/13/2011. (JD)
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Filing
446
ENTRY ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT - Defendants' Motion for Summary Judgment (Dkt. 263 ) is GRANTED IN PART and DENIED IN PART. **SEE ENTRY**. Signed by Judge Tanya Walton Pratt on 7/1/2011. (JD)
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Filing
442
MARGINAL ENTRY re 441 MOTION to Seal Document (See Entry). Signed by Magistrate Judge Tim A. Baker on 6/22/2011.(SWM)
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Filing
432
ORDER denying Pltfs' 380 Motion to Compel (see Order for details). Signed by Magistrate Judge Tim A. Baker on 5/24/2011. (SWM)
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Filing
309
ORDER granting in part and denying in part pltfs' 283 Motion to enforce discovery orders; denying pltfs' 290 Motion for Sanctions. In addition, both sides have submitted proposed modifications to the Case Management Plan, and the CMP is modified as set out below. All dispositive motions shall be filed by April 18, 2011. Oppositions to dispositive motions shall be filed by May 16, 2011. Replies in support of dispositive motions shall be filed by May 31, 2011 (see Order for oth er established deadlines and details). In Jorling, the Magistrate Judge recommends that the final pretrial conference set for January 13, 2011, and the trial set to begin on February 7, 2011, be vacated and reset. Jorling will be ready for trial in December 2011, and trial is anticipated to last approximately three weeks. Signed by Magistrate Judge Tim A. Baker on 11/12/2010. (SWM)
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Filing
276
Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Parties appeared by counsel on May 20, 2010, for a telephonic conference to address pending discovery-related motions. Parties were given an opportunity to be heard on all issues . After considering the parties' briefing and arguments, the Court rules as follows: Defendants' motion to stay expert and damages discovery 255 is denied. Plaintiffs' motion to extend case management deadlines 259 is granted in part. The State of Indiana's motion for leave to file brief as amicus curiae 271 271] is granted, and the amicus brief attached to its motion is deemed filed as of the date of this order (see Order for other details and established deadlines). Signed by Magistrate Judge Tim A. Baker.(SWM)
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Filing
195
ENTRY ON MOTION FOR CLASS CERTIFICATION. For the reasons discussed herein, the court grants in part 125 Plaintiff's Motion to Certify Class. See Entry for particulars and deadlines regarding class matters. The court will hold a hearing and pretrial conference on 11/6/09 at 9:30 a.m. to address any such logistical matters that cannot be resolved by agreement. Signed by Judge David Frank Hamilton on 9/29/2009. (LBK)
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Filing
185
DISCOVERY ORDER: Parties appeared by counsel on July 2, 2009, for a hearing on Plaintiffs' motion for leave to complete depositions and Plaintiffs' motion to compel. [Docket Nos. 160, 161.] Argument was presented. On July 14, 2009, the Co urt granted leave to complete the depositions, and granted in part and denied in part the motion to compel. [Docket No. 172.] The Court also took under advisement that portion of the motion to compel relating to the accountant-client and attorney-cl ient privileges. [Docket No. 172.] The Court now addresses these remaining issues. Plaintiffs' motion to compel communications between Defendants and Defendants' accountants and counsel [Docket No. 161] is denied (see Order for further details). Signed by Magistrate Judge Tim A. Baker on 8/19/2009.(SWM)
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Filing
119
ENTRY ON PENDING MOTIONS: granting 91 Defendant Glasscock's Motion for Judgment on the Pleadings; granting in part and denying in part 96 Plaintiffs' Motion for Leave to File Fourth Amended Class Action Complaint. Plaintiffs shall file no later than January 26, 2009 a clean copy of the fourth amended complaint that is consistent with this entry. Signed by Judge David Frank Hamilton on 1/12/2009. (LBK)
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