Butler, III et al v. Unified Life Insurance Company et al
Plaintiff: Charles M. Butler, III and Chole Butler
Defendant: Unified Life Insurance Company, Health Plans Intermediaries Holdings, LLC., Allied National, Inc, National Brokers of America, Inc, The National Congress of Employers, Inc and Does 1-10
Case Number: 1:2017cv00050
Filed: April 25, 2017
Court: US District Court for the District of Montana
Office: Billings Office
County: RICHLAND
Presiding Judge: Timothy J. Cavan
Presiding Judge: Susan P. Watters
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 14, 2022 Opinion or Order Filing 431 ORDER granting 430 STIPULATION FOR DISMISSAL OF CLASS ACTION CLAIMS. IT IS HEREBY ORDERED that the class action claims are DISMISSED WITH PREJUDICE as fully settled upon its merits pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). Each Party will bear its own costs, except as otherwise provided in the Settlement Agreement. Signed by Judge Susan P. Watters on 1/14/2022. (EMH)
January 4, 2022 Opinion or Order Filing 429 ORDER DISMISSING CASE. IT IS HEREBY ORDERED that this action is dismissed with prejudice, with each party to bear their own attorneys' fees and costs. Signed by Judge Susan P. Watters on 1/4/2022. (EMH)
November 18, 2021 Opinion or Order Filing 427 FINAL APPROVAL ORDER AND JUDGMENT. Signed by Judge Susan P. Watters on 11/18/2021. (EMH)
November 10, 2021 Opinion or Order Filing 425 ORDER granting 424 Motion for Leave to Appear via video by Plaintiffs Chole Butler, Charles M. Butler, III. IT IS HEREBY ORDERED that counsel for the parties are granted leave to appear via video at the 11/18/2021 Fairness Hearing. The ZOOM conference information will be emailed from Chambers to the parties on Friday, November 12, 2021. Signed by Judge Susan P. Watters on 11/10/2021. (EMH)
November 2, 2021 Opinion or Order Filing 423 ORDER granting 422 Motion for Leave to Appear. IT IS HEREBY ORDERED that the motion of Multiplan, Inc. for leave of Court for telephonic or videoconference participation in the November 18, 2021 hearing by Errol King is GRANTED. Signed by Judge Susan P. Watters on 11/2/2021. (EMH)
July 20, 2021 Opinion or Order Filing 406 ORDERED: The parties to the third party case shall provide a Joint Status Report by September 3, 2021. Signed by Magistrate Judge Timothy J. Cavan on 7/20/2021. (HEG)
May 13, 2021 Opinion or Order Filing 398 ORDER GRANTING ATTORNEY SCOTT PETERSON will appear by ZOOM 397 Motion APPEAR BY ZOOM Signed by Judge Susan P. Watters on 5/13/2021. (AMC)
May 5, 2021 Opinion or Order Filing 395 ORDER, IT IS HEREBY ORDERED that the hearing set for May 7, 2021 at 9:30 a.m. is VACATED and RESET for Friday, May 14, 2021, at 9:30 a.m. in Billings, MT before Judge Susan P. Watters. Joshua Frank, counsel for Unified Life Insurance, and Errol King, counsel for Multiplan, Inc., are granted leave to appear by remote means. Signed by Judge Susan P. Watters on 5/5/2021. (EMH)
May 4, 2021 Opinion or Order Filing 390 ORDER granting 389 Motion for Leave to Appear Videoconference. IT IS HEREBY ORDERED that attorney Robert L. Sterup, may attend the May 7, 2021 hearing via videoconference Signed by Judge Susan P. Watters on 5/4/2021. (EMH)
May 3, 2021 Opinion or Order Filing 388 ORDER denying 387 Motion for Leave to Appear Via Video. Signed by Judge Susan P. Watters on 5/3/2021. (EMH)
April 21, 2021 Opinion or Order Filing 384 ORDER granting 383 Motion for Leave to Appear at April 28, 2021 Hearing by Video conference. IT IS HEREBY ORDERED that the motion of Multiplan, Inc. for leave of Court for videoconference participation in the April 28, 2021 hearing by Errol King is GRANTED. Mr. King shall appear via ZOOM. Mr. King will receive an email from Judge Watters Chambers with the necessary ZOOM information prior to the hearing . Signed by Judge Susan P. Watters on 4/21/2021. (EMH)
March 24, 2021 Opinion or Order Filing 373 ORDER DENYING 339 Motion to Clarify; GRANTING 348 Motion to Strike ; DENYING 361 Motion for Leave to File. Unified's expert report (343-1) is stricken from the record. Signed by Judge Susan P. Watters on 3/24/2021. (AMC)
March 16, 2021 Opinion or Order Filing 372 ORDER GRANTING 371 Motion for Leave to Appear via ZOOM for Mr. Joshua Frank for the hearing set for 3/31/2021 at 9:30 am Signed by Judge Susan P. Watters on 3/16/2021. (AMC)
February 17, 2021 Opinion or Order Filing 369 ORDER STRICKEN FROM THE RECORD WITH LEAVE TO RE-FILE IF APPROPRIATE UNDER LOCAL RULE 7.3 365 MOTION for Reconsideration filed by Unified Life Insurance Company AND 366 Brief in Support Lodged Sealed Document filed by Unified Life Insurance Company Signed by Judge Susan P. Watters on 2/17/2021. (AMC)
February 8, 2021 Opinion or Order Filing 364 ORDER GRANTING 363 Motion to File Under Seal Signed by Judge Susan P. Watters on 2/8/2021. (Clerk will go in and put a sealed restriction on docs 361 and 362) (AMC)
January 4, 2021 Opinion or Order Filing 360 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL ; DENIED 296 , 308 , 323 , 335 . READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 1/4/2021. (AMC)
November 12, 2020 Opinion or Order Filing 342 ORDER granting 341 Motion For Leave to File Motion Clarification and Supporting Documents Under Seal. Signed by Judge Susan P. Watters on 11/12/2020. (EMH) Modified on 11/12/2020 sealed Motion and Brief docs 339 and 340 per SPW chambers verification(EMH).
August 31, 2020 Opinion or Order Filing 329 ORDER granting 328 Motion to File Under Seal. Plaintiffs shall promptly file its class list and lists of individual opting out under seal pursuant to Local Rule 5.2. Signed by Magistrate Judge Timothy J. Cavan on 8/31/2020. (HEG)
May 6, 2020 Opinion or Order Filing 292 ORDER granting 290 Joint Motion for Approval of Final Class Notice Language. Signed by Judge Susan P. Watters on 5/6/2020. (EMH)
May 5, 2020 Opinion or Order Filing 288 ORDER,IT IS HEREBY ORDERED that Defendant, Unified Life Insurance Company's 286 Unopposed Motion for Leave to File Under Seal Class Member List is DENIED as moot. IT IS FURTHER ORDERED that the 287 Unopposed MOTION for Leave to File Conventionally Under Seal filed by Unified Life Insurance Company is GRANTED. Signed by Judge Susan P. Watters on 5/5/2020. (EMH)
April 30, 2020 Opinion or Order Filing 283 ORDER granting 279 Motion to file Preliminary Pretrial Statements Under Seal. Signed by Judge Susan P. Watters on 4/30/2020. (EMH)
March 11, 2020 Opinion or Order Filing 276 OPINION AND ORDER. Signed by Judge Susan P. Watters on 3/10/2020. (EMH)
March 5, 2020 Opinion or Order Filing 274 CLASS CERTIFICATION ORDER. Read order for details and deadlines. Signed by Judge Susan P. Watters on 3/5/2020. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (EMH)
November 25, 2019 Opinion or Order Filing 253 ORDER, The court denies as moot 243 MOTION to Stay Pending Rule 23(f) Appeal filed by Unified Life Insurance Company. Signed by Judge Susan P. Watters on 11/25/2019. (EMH)
November 6, 2019 Opinion or Order Filing 250 ORDER granting 249 Motion to Appear Pro Hac Vice for Attorney Joshua B. Frank for Unified Life Insurance Company. Acknowledgment of PHV Order due by 11/21/2019. Signed by Magistrate Judge Timothy J. Cavan on 11/6/2019. (JDR) Modified on 11/6/2019 to edit text (JDR).
October 7, 2019 Opinion or Order Filing 245 ORDERED: The October 15, 2019 deadline is VACATED pending resolution of the motion to stay. As such, Unifieds request for expedited briefing is DENIED. Plaintiffs shall respond to the motion for stay in accordance with Local Rule 7.1(d). re 243 . Signed by Magistrate Judge Timothy J. Cavan on 10/7/2019. (HEG)
September 30, 2019 Opinion or Order Filing 242 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. GRANTING 186 Motion for Default Judgment. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 9/30/2019. (AMC)
September 18, 2019 Opinion or Order Filing 237 ORDER granting 123 Motion to Strike. Signed by Magistrate Judge Timothy J. Cavan on 9/18/2019. (JEH)
August 9, 2019 Opinion or Order Filing 223 ORDER granting 211 Unopposed Motion to Seal and Requiring Unified/Allied to Refile Redacted Pleading. Signed by Magistrate Judge Timothy J. Cavan on 8/9/2019. (JDR)
June 3, 2019 Opinion or Order Filing 218 ORDER granting 217 Motion to Appear by Telephone. Signed by Magistrate Judge Timothy J. Cavan on 6/3/2019. (JDR)
April 18, 2019 Opinion or Order Filing 200 ORDER granting 198 Motion Katie Cicardo Mannino to Appear Pro Hac Vice. Acknowledgment of PHV Order due by 5/3/2019. Signed by Magistrate Judge Timothy J. Cavan on 4/18/2019. (JDR) Modified on 4/18/2019 to correct motion/docket entry relationship. NEF regenerated. (JDR).
January 11, 2019 Opinion or Order Filing 193 ORDER re defendant Unified Life Insurance Company's 182 objection to Judge Cavan's order granting the plaintiffs leave to amend the complaint. The objection is overruled. Signed by Judge Susan P. Watters on 1/10/2019. (EMH)
October 26, 2018 Opinion or Order Filing 153 ORDER re 135 MOTION in Limine filed by Health Insurance Innovations, Inc., Health Plans Intermediaries Holdings, LLC., 152 Unopposed MOTION for Extension of Time to File Response/Reply as to 135 MOTION in Limine filed by Charles M. Butler, III, Chole Butler. Signed by Magistrate Judge Timothy J. Cavan on 10/26/2018. (JDR)
September 18, 2018 Opinion or Order Filing 109 ORDER denying 83 MOTION for Certificate of Appealability filed by Allied National, Inc, Unified Life Insurance Company. Signed by Judge Susan P. Watters on 9/18/2018. (EMH)
February 2, 2018 Opinion or Order Filing 57 ORDER granting 56 Motion for Leave to Appear Telephonically. Defendants counsel, Lee C. Henning, may appear by telephone at the February 22, 2018 Preliminary Pretrial Conference. Signed by Magistrate Judge Timothy J. Cavan on 2/2/2018. (JDR)
January 19, 2018 Opinion or Order Filing 53 ORDER Consent to the jurisdiction of the United States Magistrate Judge having been withheld or met with objection, this case remains assigned to the Honorable Susan P. Watters, United States District Court Judge, and referred to Honorable Timothy J. Cavan, United States Magistrate Judge. Signed by Judge Susan P. Watters on 1/19/2018. (EMH)
January 4, 2018 Opinion or Order Filing 46 ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. GRANTING 35 Motion to Strike. GRANTING IN PART AND DENYING IN PART 3 Motion to Dismiss 5 Motion to Dismiss 19 Motion to Dismiss. Signed by Judge Susan P. Watters on 1/4/2018. (AMC)
August 22, 2017 Opinion or Order Filing 31 ORDER REGARDING MOTION FOR ENTRY OF DEFAULT JUDGMENT re 25 First MOTION for Default Judgment as to National Brokers of America, Inc. and Request for Hearing on Damages filed by Charles M. Butler, III, Chole Butler. Signed by Magistrate Judge Timothy J. Cavan on 8/22/2017. (JDR)
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Search for this case: Butler, III et al v. Unified Life Insurance Company et al
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Plaintiff: Charles M. Butler, III
Represented By: John M. Morrison
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Plaintiff: Chole Butler
Represented By: John M. Morrison
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Defendant: Unified Life Insurance Company
Represented By: Robert L. Sterup
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Defendant: Health Plans Intermediaries Holdings, LLC.
Represented By: James T. McCormack
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Defendant: Allied National, Inc
Represented By: Robert L. Sterup
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Defendant: National Brokers of America, Inc
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Defendant: The National Congress of Employers, Inc
Represented By: James T. McCormack
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Defendant: Does 1-10
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