Optum, Inc. et al v. Smith
| Optum, Inc. and Optum Services, Inc. |
| David William Smith |
| TCORP62018 LLC, Boston Globe Media Partners, LLC and Dow Jones & Company, Inc. |
| 1:2019cv10101 |
| January 16, 2019 |
| US District Court for the District of Massachusetts |
| Mark L Wolf |
| Contract: Other |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 7, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 104 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 103 Transcript of Hearing held on February 20, 2019, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 3/28/2019. Redacted Transcript Deadline set for 4/8/2019. Release of Transcript Restriction set for 6/5/2019. (Scalfani, Deborah) |
| Filing 102 MANDATE of USCA as to #43 Notice of Appeal filed by David William Smith. Appeal #43 Terminated (Paine, Matthew) |
| Filing 101 USCA Judgment as to #43 Notice of Appeal filed by David William Smith (Paine, Matthew) |
| Filing 100 Supplemental Record on Appeal transmitted to US Court of Appeals re #43 Notice of Appeal Documents included: ECF Nos. 95 and 96 (Paine, Matthew) |
| Filing 99 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 98 Transcript of Ruling held on February 22, 2019, before Judge Mark L. Wolf. COA Case No. 19-1149. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 3/19/2019. Redacted Transcript Deadline set for 3/29/2019. Release of Transcript Restriction set for 5/28/2019. (Scalfani, Deborah) |
| Filing 97 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 2/22/2019 re #16 MOTION to Compel Arbitration filed by David William Smith, #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Riden, Joseph, Mead, Welsh, Sheehan, Shores) (Bono, Christine) |
| Filing 96 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Plaintiffs' Optum, Inc.'s and Optum Services, Inc.'s Motion for Temporary Restraining Order (Docket No. 3) is DENIED. 2. Defendant David Smith's Motion to Compel Arbitration (Docket No. 16) is ALLOWED. The parties shall select an arbitrator promptly. 3. This case is STAYED. If the parties agree to a resolution to their dispute, they shall promptly inform the court and this case will be dismissed. If and when the arbitrator issues a decision, the party that did not prevail shall promptly report whether it or he intends to appeal the decision to this court. If it or he does not, this case will be dismissed." ORDER entered denying #3 Motion for TRO; granting #16 Motion to Compel (Bono, Christine) |
| Judge Mark L. Wolf: ORDER entered. Case stayed. See Order, #96 (Bono, Christine) |
| Filing 95 Judge Mark L. Wolf: "For the reasons stated in court on February 20, 2019, it is hereby ORDERED that: 1. Intervenors Dow Jones & Co., Inc. 's and Boston Globe Media Partners, LLC's Motion to Intervene and to Unseal Portion of Transcript of January 31, 2019 Hearing (Docket No. 64) is ALLOWED. 2. The complete transcripts of the January 30, 2019 hearing (Docket No. 51) and January 31, 2019 hearing (Docket No. 53) are UNSEALED." ORDER entered granting #64 Motion to Intervene (Bono, Christine) |
| Filing 94 ELECTRONIC NOTICE Resetting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 2/22/2019 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 93 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 2/20/2019 re #64 MOTION to Intervene and to Unseal Transcript filed by Dow Jones & Company, Inc., Boston Globe Media Partners, LLC, #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc. Hearing on Motion for Temporary Restraining Order shall resume Friday, 2/22/2019, at 10:00 AM. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Bertsche, Sheehan, Mead, Riden, Joseph, Schaefer) (Bono, Christine) |
| Filing 92 Supplemental REPLY to Response to #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Riden, Stephen) |
| Filing 91 Judge Mark L. Wolf: ALLOWED. ENDORSED ORDER entered granting #90 Motion for Leave to File Document ; If counsel has not already done so, counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine) |
| Filing 90 MOTION for Leave to File Further Reply in Support of their TRO Motion by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Exhibit PLAINTIFFS FURTHER REPLY)(Riden, Stephen) |
| Filing 89 NOTICE of Appearance by Robert A. Bertsche on behalf of Boston Globe Media Partners, LLC, Dow Jones & Company, Inc. (Bertsche, Robert) |
| Filing 88 Judge Mark L. Wolf: "It is hereby ORDERED that the parties shall be prepared to address at the February 20, 2019 hearing the standards for obtaining temporary injunctive relief stated in Winter v. Nat. Res. Def. Council, Inc., 129 S. Ct. 365, 374-76 (2008) and Charlesbank Equity Fund II v. Blinds To Go, Inc., 370 F. 3d 151, 162 (1st Cir. 2004)." ORDER entered. (Bono, Christine) |
| Filing 87 MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order filed by David William Smith. (Attachments: #1 Exhibit 1)(Mead, Brian) |
| Filing 86 Supplemental MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 85 MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order filed by David William Smith. (Attachments: #1 Exhibit 1)(Mead, Brian) |
| Filing 84 Judge Mark L. Wolf: "ALLOWED. Smith may do the same." ENDORSED ORDER entered granting #83 Motion for Leave to File Excess Pages ; If counsel has not already done so, counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine) |
| Filing 83 MOTION for Leave to File Excess Pages - Unopposed by Optum Services, Inc., Optum, Inc..(Beck, Russell) |
| Filing 82 REPLY to Response to #64 MOTION to Intervene and to Unseal Transcript filed by Boston Globe Media Partners, LLC, Dow Jones & Company, Inc.. (Pyle, Jeffrey) |
| Filing 81 Judge Mark L. Wolf: ENDORSED ORDER entered granting #77 Motion to Intervene (Bono, Christine) |
| Filing 80 ELECTRONIC NOTICE Setting Hearing on Motion #64 MOTION to Intervene and to Unseal Transcript : Motion Hearing set for 2/20/2019 01:30 PM in Courtroom 10 before Judge Mark L. Wolf. #3 MOTION for Temporary Restraining Order shall take place on 2/20/2019 at 02:00 PM. (Bono, Christine) |
| Filing 79 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. The parties shall, by 10:00 a.m. on February 19, 2019, submit memoranda addressing the merits of Optum's motion for a TRO. 2. The court will hear argument on Optum's motion for a TRO on February 20, 2019, at 2:00 p.m., and hopes to be able to decide the motion orally on February 21 or 22, 2019. 3. The hearing on the Motion to Intervene and to Unseal Portion of Transcript of January 31, 2019 Hearing previously scheduled to begin at 9:30 a.m. on February 20, 2019, shall begin that day at 1:30 p.m. instead." ORDER entered. (Bono, Christine) |
| Filing 78 Opposition re #64 MOTION to Intervene and to Unseal Transcript Defendant David William Smith and Non-Party TCORP62018 LLC's Opposition to Motion to Intervene and Unseal Portion of Transcript of January 31, 2019 Hearing filed by David William Smith, TCORP62018 LLC. (Attachments: #1 Exhibit 1)(Mead, Brian) |
| Filing 77 MOTION to Intervene Non-Party's Motion to Intervene and to Oppose Motion to Unseal Portion of Transcript of January 31, 2019 Hearing by TCORP62018 LLC.(Mead, Brian) |
Filing 76
ORDER of USCA as to #43 Notice of Appeal filed by David William Smith.Upon motion by plaintiff-appellees, the district court entered an indicative ruling pursuant to Fed. R. Civ. P. 62.1. The district court ruled that a motion for temporary restraining order ("TRO") filed by plaintiff-appellees presented a "substantial issue" but that the filing of a notice of appeal by defendant-appellant meant that the district court could not exercise jurisdiction to adjudicate the motion for TRO. Having already unsuccessfully sought similar relief from the district court, plaintiff-appellees have filed an urgent motion with this court seeking injunctive relief pursuant to Fed. R. App. P. 8. That request is denied without prejudice, but we conclude that remand pursuant to Fed. R. App. P. 12.1 would be prudent in light of the district court's indicative ruling and in light of the proceedings already conducted by the district court regarding the motion for TRO. The matter is remanded to the district court for the limited purpose of resolving the pending motion for TRO as expeditiously as possible. We express no opinion at this time as to the gating question whether the request for TRO must be arbitrated, a question the district court has answered in the negative, or as to the merits of the motion for TRO. The stay of proceedings previously imposed by the district court is dissolved to the extent necessary for the district court to adjudicate the motion for TRO. Pursuant to Rule 12.1, "the parties must promptly notify the circuit clerk when the district court has decided the motion on remand." We will retain jurisdiction over the appeal for the moment without expressing any opinion at this time as to whether appellate jurisdiction properly lies. That issue is reserved. (Paine, Matthew)
|
| Filing 75 ELECTRONIC NOTICE Resetting Hearing on Motion #64 MOTION to Intervene and to Unseal Transcript: Motion Hearing set for 2/20/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. Resetting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 2/21/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 74 Judge Mark L. Wolf: "It is possible that the First Circuit may soon deny defendant David Smith's appeal, or lift the stay and provide this court the authority to decide Optum, Inc.'s and Optum Services, Inc.'s ("Optum") motion for a temporary restraining order ("TRO"). If so, the court will want to provide an opportunity for oral argument promptly. The parties may want to make written submissions on the merits of that motion before such argument. Therefore, the parties are hereby invited, but because of the current stay not ordered, to submit memoranda addressing the merits of Optum's motion for a TRO by 4:00 p.m. on February 19, 2019. If Smith's appeal has been denied or the stay has been lifted by the First Circuit, the court will hear oral argument on the motion for a TRO on February 21, 2019 at 9:30 a.m." ORDER entered. (Bono, Christine) |
| Filing 73 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. TCORP62018 ("ABC") shall respond to the Motion to Intervene and to Unseal Portion of Transcript of January 31, 2019 Hearing (Docket No. 64) by 2:00 p.m. on February 15, 2019. Any reply by proposed intervenors Dow Jones & Company, Inc. and Boston Globe Media Partners, LCC shall be filed by 2:00 p.m. on February 18, 2019. 2. If necessary, a hearing will be held at 9:30 a.m. on February 20, 2019." ORDER entered. (Bono, Christine) |
| Filing 72 Opposition re #71 MOTION for Extension of Time to 02/21/2019 to To submit an opposition to ECF No. 64 (Unopposed) filed by Boston Globe Media Partners, LLC, Dow Jones & Company, Inc.. (Pyle, Jeffrey) |
| Filing 71 MOTION for Extension of Time to 02/21/2019 to To submit an opposition to ECF No. 64 (Unopposed) by David William Smith.(Mead, Brian) |
| Filing 70 RESPONSE TO COURT ORDER by David William Smith re #67 Order . (Mead, Brian) (Additional attachment(s) added on 2/13/2019: #1 Exhibit) (Bono, Christine). |
| Filing 69 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Optum's unopposed motion to file a reply (Docket No. 66) is ALLOWED. 2. Optum's Motion for an Injunction Pending Appeal (Docket No. 57) is ALLOWED with regard to the request for an indicative ruling and otherwise DENIED." MEMORANDUM AND ORDER entered granting in part and denying in part #57 Motion for Injunctive Relief; granting #66 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures, if counsel has not already done so. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Bono, Christine) |
| Filing 68 ELECTRONIC NOTICE Setting Hearing on Motion #64 MOTION to Intervene and to Unseal Transcript : Motion Hearing set for 2/19/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. See [Order, 67](Bono, Christine) |
| Filing 67 Judge Mark L. Wolf: ORDER entered re #64 MOTION to Intervene and to Unseal Transcript filed by Dow Jones & Company, Inc., Boston Globe Media Partners, LLC. (Bono, Christine) |
| Filing 66 MOTION for Leave to File Reply in Support of Plaintiffs Motion for an Injunction Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order (Dkt. # 57) by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Exhibit 1)(Beck, Russell) |
| Filing 65 MEMORANDUM in Support re #64 MOTION to Intervene and to Unseal Transcript filed by Boston Globe Media Partners, LLC, Dow Jones & Company, Inc.. (Attachments: #1 Exhibit 1)(Pyle, Jeffrey) |
| Filing 64 MOTION to Intervene and to Unseal Transcript by Dow Jones & Company, Inc., Boston Globe Media Partners, LLC.(Pyle, Jeffrey) |
| Filing 63 Opposition re #57 MOTION for Injunctive Relief Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order filed by David William Smith. (Mead, Brian) |
| Filing 62 MEMORANDUM in Support re #57 MOTION for Injunctive Relief Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order - Unredacted filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 61 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. Because the transcripts of the public parts of the January 30 and 31, 2019 hearings are now part of the public record, see Docket Nos. 50, 52, plaintiffs' motion to seal (Docket No. 60) their memorandum in support of their request for injunction pending appeal is DENIED. Plaintiffs shall, therefore, file and serve an unredacted version of the memorandum forthwith. 2. By 9:30 a.m. on February 8, 2019, defendant shall respond to plaintiffs' motion for an injunction pending appeal (Docket No. 57)." ORDER entered denying #60 Motion to Seal Document. (Bono, Christine) |
| Filing 60 MOTION to Seal Document #58 Memorandum in Support of Motion by Optum Services, Inc., Optum, Inc..(Beck, Russell) |
| Filing 59 MOTION to Expedite Consideration of Dkt. # 57, Plaintiffs' Motion for Injunction Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order by Optum Services, Inc., Optum, Inc..(Beck, Russell) |
| Filing 58 MEMORANDUM in Support re #57 MOTION for Injunctive Relief Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 57 MOTION for Injunctive Relief Pending Appeal and/or an Indicative Ruling on the Pending Motion for a Temporary Restraining Order by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Text of Proposed Order 1)(Beck, Russell) |
| Filing 56 USCA Case Number 19-1149 for #43 Notice of Appeal filed by David William Smith. (Paine, Matthew) |
| Filing 55 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #43 Notice of Appeal. (Paine, Matthew) |
| Filing 54 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 53 Transcript of Motion Hearing held on January 31, 2019 (UNSEALED per Judge Wolf's 2/20/19 Order -see docket entry #95) , before Judge Mark L. Wolf. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/7/2019. (Scalfani, Deborah) |
| Filing 52 Transcript of Motion Hearing held on January 31, 2019, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/7/2019. (Scalfani, Deborah) |
| Filing 51 Transcript of Motion Hearing held on January 30, 2019 (UNSEALED per Judge Wolf's 2/20/19 Order -see docket entry #95) , before Judge Mark L. Wolf. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/7/2019. (Scalfani, Deborah) |
| Filing 50 Transcript of Motion Hearing held on January 30, 2019, before Judge Mark L. Wolf. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com Redaction Request due 2/27/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/7/2019. (Scalfani, Deborah) 2/6/2019 |
| Filing 49 Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. (Bono, Christine) |
| Filing 48 Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. (Bono, Christine) |
| Filing 47 Opposition re #39 MOTION to Stay Proceedings filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 46 REPLY to Response to #39 MOTION to Stay Proceedings filed by David William Smith. (Mead, Brian) |
| Filing 45 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 2/1/2019 re #16 MOTION to Compel Arbitration filed by David William Smith, #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc. M. Weissel called as witness and sworn. Direct and cross examination conducted. Witness excused. J. Stoddard called as witness and sworn. Direct and cross examination conducted. Witness excused. S. Wolin called as witness and sworn. Direct and cross examination conducted. Witness excused. Lobby conference conducted. Parties shall file additional briefing by 12:00 noon on 2/1/2019. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Beck, Riden, Joseph, Schaefer, Mead, Welsh, Sheehan) (Bono, Christine) |
| Filing 44 RESPONSE to Motion re #39 MOTION to Stay Proceedings filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 43 NOTICE OF APPEAL re #48 MEMORANDUM AND ORDER, #49 MEMORANDUM AND ORDER by David William Smith Filing fee: $ 505, receipt number 0101-7517458 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/19/2019. (Mead, Brian) (Modified on 2/6/2019 to Correct Docket Text and CM/ECF Document Link) (Paine, Matthew). |
| Filing 42 ELECTRONIC NOTICE Setting continued hearing on Motion. Motion Hearing set for 1/31/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 41 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 1/30/2019 re #16 MOTION to Compel Arbitration filed by David William Smith, #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc. D. Smith called as witness and sworn. Exhibits 1 - 3 marked. Hearing shall resume at 9:30 AM on 1/31/2019 in Courtroom 10. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Beck, Riden, Joseph, Schaefer, Mead, Welsh, Sheehan) (Bono, Christine) |
| Filing 40 MEMORANDUM in Support re #39 MOTION to Stay Proceedings filed by David William Smith. (Mead, Brian) |
| Filing 39 MOTION to Stay Proceedings by David William Smith.(Mead, Brian) |
| Filing 38 Judge Mark L. Wolf: "ALLOWED, provided that Mr. Stoddard make the arrangements necessary to appear on January 31, 2019, at 9:00 a.m., if the court decides that his testimony is necessary." ENDORSED ORDER entered re #37 Letter/request (non-motion) (Bono, Christine) |
| Filing 37 Request for a Potential Witness to be Excused from the January 30, 2019 Hearing Letter/request (non-motion) from David William Smith . (Welsh, John) |
| Filing 36 Judge Mark L. Wolf: ORDER entered.It is hereby ORDERED that:1. Each potential witness be present to testify, if necessary, at the January 30, 2019 hearing;2. Each potential witness: a.Shall not discuss this case, including but not limited to his or her prospective testimony, with any other potential witness; b.Except for a designated representative of plaintiffs and the defendant, shall be excluded from the courtroom when other witnesses are testifying; and c.Shall not after testifying tell any prospective witness what he or she was asked or answered. d.This Order shall not operate to prevent counsel from conferring with a witness prior to his or her testimony. However, unless protected by the attorney-client privilege or some other applicable privilege, such communications may be explored on direct and/or cross-examination of the witness. (Montes, Mariliz) |
| Filing 35 RESPONSE to Motion re #16 MOTION to Compel Arbitration filed by Optum Services, Inc., Optum, Inc.. (Riden, Stephen) |
| Filing 34 REPLY to Response to #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 33 ELECTRONIC NOTICE Resetting Hearing on Motion. Motion Hearing re: Motion for Temporary Restraining Order #3 and Motion to Compel Arbitration #16 set for 1/30/2019 10:00 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 32 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #30 Motion to Continue. This hearing shall be rescheduled to take place 1/30/2019 at 10:00 AM in Courtroom 10. (Bono, Christine) |
| Filing 31 Judge Mark L. Wolf: "The court will hear argument on January 29, 2019 concerning defendant's Motion to Compel Arbitration (Docket No. 16) and its implications for plaintiffs' Motion for Temporary Restraining Order (Docket No. 3). Plaintiffs shall address these matters in their January 25, 2019 submission." ORDER entered. (Bono, Christine) |
| Filing 30 Assented to MOTION to Continue Hearing on Plaintiffs' Motion for Temporary Restraining Order to 1/30/19 by Optum Services, Inc., Optum, Inc..(Riden, Stephen) |
| Filing 29 Judge Mark L. Wolf: ENDORSED ORDER entered granting #26 Motion (Bono, Christine) |
| Filing 28 Emergency MOTION for Hearing re #16 MOTION to Compel Arbitration at the Same Time as the Hearing on Plaintiffs' Motion for Temporary Restraining Order by David William Smith.(Welsh, John) |
| Filing 27 RESPONSE TO COURT ORDER by David William Smith re #20 Order,, . (Welsh, John) |
| Filing 26 Emergency MOTION to Redact Certain Information by David William Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Welsh, John) |
| Filing 25 Opposition re #5 MOTION to Expedite Discovery filed by David William Smith. (Attachments: #1 Exhibit 1)(Welsh, John) |
| Filing 24 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #19 Motion for Leave to Appear Pro Hac Vice Added Brian A. Mead. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
| Filing 23 Opposition re #3 MOTION for Temporary Restraining Order filed by David William Smith. (Attachments: #1 Affidavit of David Smith (and Exhibits 1-3), #2 Affidavit of John C. Stoddard (and Exhibits 1-2), #3 Affidavit of John F. Welsh (and Exhibits 1-2), #4 Affidavit of Caitlin Fleming)(Welsh, John) (Additional attachment(s) added on 1/24/2019: #5 Redacted Version of Docket Entry 23-3) (Bono, Christine). |
| Filing 22 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #18 Motion for Leave to Appear Pro Hac Vice Added Michael J. Sheehan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Montes, Mariliz) |
| Filing 21 ELECTRONIC NOTICE Setting Hearing on Motion. Motion Hearing re: Motion for Temporary Restraining Order set for 1/29/2019 02:00 PM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 20 Judge Mark L. Wolf: "Defendant has not addressed the merits of the motion for a TRO or the Implications of Teradyne, 797 F.2d 43, 51 (1st Cir. 1986), which holds that a district court may grant injunctive relief pending possible arbitration. It is hereby ORDERED that defendant do both by 12 noon on January 24, 2019. Any reply shall be filed by 4:00 PM on January 25, 2019. A hearing on the motion for a TRO shall be held on January 29, 2019, at 2:00 PM. The defendant and a representative of plaintiff with full settlement authority shall attend the hearing." ENDORSED ORDER entered. (Bono, Christine) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of Brian Mead Filing fee: $ 100, receipt number 0101-7502942 by David William Smith. (Attachments: #1 Affidavit of Brian Mead)(Welsh, John) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Michael Sheehan Filing fee: $ 100, receipt number 0101-7502924 by David William Smith. (Attachments: #1 Affidavit of Michael Sheehan)(Welsh, John) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Compel Arbitration filed by David William Smith. (Attachments: #1 Exhibit 1)(Welsh, John) |
| Filing 16 MOTION to Compel Arbitration by David William Smith.(Welsh, John) |
| Filing 15 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re #5 MOTION to Expedite Discovery, #3 MOTION for Temporary Restraining Order by Stephen D. Riden on behalf of All Plaintiffs. (Riden, Stephen) |
| Filing 14 NOTICE of Appearance by Hannah Tso Joseph on behalf of Optum Services, Inc., Optum, Inc. (Joseph, Hannah) |
| Filing 13 Judge Mark L. Wolf: "This motion does not contain the certification that the parties have conferred and attempted to resolve or narrow the dispute required by Local Rule 7.1(a)(2). It is hereby ORDERED that they do so, and by 12:00 noon on January 18, 2019, report the results of the conference or whether they request more time to do so. If necessary, defendant shall, by January 22, 2019, respond to the motion." ENDORSED ORDER entered acknowledging #3 Motion for TRO (Bono, Christine) |
| Filing 12 NOTICE of Appearance by Justin L. Engel on behalf of David William Smith (Engel, Justin) |
| Filing 11 NOTICE of Appearance by John F. Welsh, III on behalf of David William Smith (Welsh, John) |
| Filing 10 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (adminn, ) |
| Filing 9 NOTICE of Appearance by Stephen D. Riden on behalf of Optum Services, Inc., Optum, Inc. (Riden, Stephen) |
| Filing 8 AFFIDAVIT in Support re #5 MOTION to Expedite Discovery, #3 MOTION for Temporary Restraining Order Christopher E. Andrews. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beck, Russell) |
| Filing 7 AFFIDAVIT in Support re #3 MOTION for Temporary Restraining Order , #5 MOTION to Expedite Discovery by Steven Wolin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Beck, Russell) (Additional attachment(s) added on 1/24/2019: #13 Redacted Version of Docket Entry 7-8, #14 Redacted Version of Docket Entry 7-11) (Bono, Christine). |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Expedite Discovery filed by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Beck, Russell) |
| Filing 5 MOTION to Expedite Discovery by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Text of Proposed Order)(Beck, Russell) |
| Filing 4 MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order filed by Optum Services, Inc., Optum, Inc.. (Beck, Russell) |
| Filing 3 MOTION for Temporary Restraining Order by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Text of Proposed Order)(Beck, Russell) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Optum Services, Inc., Optum, Inc. identifying Corporate Parent UnitedHealth Group Incorporated, Corporate Parent United HealthCare Services, Inc. for Optum Services, Inc., Optum, Inc... (Beck, Russell) |
| Filing 1 COMPLAINT against David William Smith Filing fee: $ 400, receipt number 0101-7497115 (Fee Status: Filing Fee paid), filed by Optum Services, Inc., Optum, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Local Category Form, #14 Civil Cover Sheet)(Beck, Russell) (Attachment 14 replaced on 1/16/2019) (Burgos, Sandra). (Attachment 13 replaced on 1/16/2019) (Burgos, Sandra). (Additional attachment(s) added on 1/24/2019: #15 Redacted Version of Docket Entry 1-8, #16 Redacted Version of Docket Entry 1-11) (Bono, Christine). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
