Blaine et al v. Benefis Health System et al
| Kodiak Blaine, Douglas Darko, Christopher Flower, Reynolds Hertel, Karen Lappi, April Posey, Terri Searsdodd, Jon L. Williams and Emily Haro |
| Magellan Resource Partners, Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group, Kalispell Regional Medical Center, Inc., Medequity, Medequity, Inc., Medequity Corp., Does 1-50, Edward Nelson and Medequity Corporation |
| 4:2021cv00092 |
| August 23, 2021 |
| US District Court for the District of Montana |
| John Johnston |
| Brian Morris |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 58
CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that defendants motion to dismiss for lack of standing is granted. (KAH)
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Filing 57
ORDER granting #24 Motion to Dismiss. IT IS ORDERED that Defendants Motion to Dismiss for Lack of Standing is GRANTED. Signed by Judge Brian Morris on 5/24/2022. (KAH)
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Filing 56
TRANSCRIPT ORDER FORM Re: Motion Hearing by Kalispell Regional Medical Center, Inc. for proceedings held on 5/9/22 before Judge Brian M. Morris. Court reporter Megan Strawn. Type of transcript: 3-Day.. Transcript due by 5/18/2022. (Zadick, Gary) Modified on 5/13/2022 to reflect copy e-mailed to Megan Strawn (MMS).
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Filing 55
TRANSCRIPT of Motion Hearing held on May 9, 2022 before Judge Brian Morris. Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the clerks office, or the court reporter. NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 7 DAYS OF THIS FILING. Contact court reporter Megan Strawn, 307-232-2626, strawnreporting@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 6/3/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 8/11/2022. (MMS)
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Filing 54
SCHEDULING ORDER: Class action certification opening briefs due 9/7/2022. Class action response briefs due 9/23/22. Class action reply briefs due 10/7/2022. Final Pretrial Conference set for 1/11/2024 at 01:30 PM in Great Falls, MT before Judge Brian Morris. Jury Trial set for 1/22/2024 at 09:00 AM in Great Falls, MT before Judge Brian Morris. Amended Pleadings due by 1/9/2023. Joinder of Parties due by 1/9/2023. Motions due by 10/10/2023. Proposed Pretrial Order due by 12/11/2023. Signed by Judge Brian Morris on 5/11/2022. (SLL) Modified on 5/16/2022 to correct deadline for opening briefs in the docket text, order is correct, the docket text was incorrect (MMS).
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Filing 53
TRANSCRIPT ORDER FORM RE Motion Hearing by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams for proceedings held on 5/9/2022 before Judge Brian Morris. Court reporter Megan Strawn, strawnreporting@gmail.com. Type of transcript: 3-Day.. Transcript due by 5/13/2022. (Pinski, Gregory) Modified on 5/10/2022 to reflect transcript request emailed to M.Strawn Court Reporter. (SLR).
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Filing 52
MINUTE ENTRY for Motion Hearing and Pretrial Conference held 5/9/2022 before Judge Brian Morris: Plaintiff Counsel Gregory Pinski, Keith Marr, and Charles Lucero present. Defense Counsel David McLean, Charles Weir, Gary Zadick, Sean Bracken, and Julie Shepard, present. Motion Hearing re #24 MOTION to Dismiss 12(b)(1) filed by Magellan Resource Partners, Medequity Corporation. Parties with argument. This matter is deemed submitted. Pretrial Conference held off the record. Hearing commenced at 10:10 a.m. and concluded at 11:10 a.m. (Court Reporter Megan Strawn via Zoom.) (Law Clerk: K. Guldseth), (Hearing held in Great Falls) (MMS) Modified on 5/9/2022 to correct counsel present (MMS).
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Filing 51
PRELIMINARY PRETRIAL STATEMENT by Kalispell Regional Medical Center, Inc.. (Zadick, Gary)
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Filing 50
PRELIMINARY PRETRIAL STATEMENT by Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group. (McLean, David)
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Filing 49
PRELIMINARY PRETRIAL STATEMENT by Magellan Resource Partners, Medequity Corporation. (Bracken, Sean)
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Filing 48
STATEMENT OF STIPULATED FACTS by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams. (Pinski, Gregory)
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Filing 47
JOINT DISCOVERY PLAN by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams. (Pinski, Gregory)
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Filing 46
PRELIMINARY PRETRIAL STATEMENT by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams. (Pinski, Gregory)
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Filing 45
NOTICE of Acknowledgment of Pro Hac Vice Order by Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group (Weir, Charles)
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Filing 44
ORDER granting #43 Motion to Appear Pro Hac Vice NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 5/4/2022. Signed by Judge Brian Morris on 4/19/2022. (KAH)
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Filing 43
Unopposed MOTION Charles E. Weir to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2854363.) David Matthew McLean appearing for Defendants Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group (Attachments: #1 Affidavit Affidavit of Charles E. Weir, #2 Text of Proposed Order Proposed Order Granting PHV Admission) (McLean, David)
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Filing 42
AMENDED PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 5/6/2022. Joint Discovery Plan due by 5/6/2022. Statement of Stipulated Facts due by 5/6/2022. Pretrial Conference set for 5/9/2022 at 10:00 AM in Great Falls, MT before Judge Brian Morris will be held in person. Signed by Judge Brian Morris on 4/12/2022. (MMS)
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Filing 41
TEXT ORDER: IT IS HEREBY ORDERED that the Preliminary Pretrial Conference set for 5/9/2022 at 10:00 AM in Great Falls, MT before Judge Brian Morris will be conducted in person. Signed by Judge Brian Morris on 4/11/2022. (SLL)
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Filing 40
TEXT ORDER Setting Hearing on Motion #24 MOTION to Dismiss 12(b)(1) : IT IS HEREBY ORDERED that the Motion Hearing is set for May 9, 2022 at 10:00 AM in Great Falls, MT before Judge Brian Morris. IT IS ALSO ORDERED that the Preliminary Pretrial Conference is RESET for May 9, 2022 at 10:00 AM. Signed by Judge Brian Morris on 4/11/2022. (SLL)
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Filing 39
Notice of Joinder by Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group re: #37 Reply to Response to Motion (McLean, David)
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Filing 38
NOTICE OF JOINDER in Defendant Magellan Resource Partners LLC and Medequity Corporation's #37 Reply Brief in Support of Motion to Dismiss Second Amended Complaint, by Kalispell Regional Medical Center, Inc. (Zadick, Gary) Modified on 4/8/2022 to clean up text. (SLR).
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Filing 37
REPLY to Response to Motion re #24 MOTION to Dismiss 12(b)(1) filed by Magellan Resource Partners, Medequity Corporation. (Bracken, Sean)
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Filing 36
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 5/11/2022. Joint Discovery Plan due by 5/11/2022. Statement of Stipulated Facts due by 5/11/2022. Telephonic Pretrial Conference set for 5/18/2022 at 03:30 PM before Judge Brian Morris. Signed by Judge Brian Morris on 4/5/2022. (ACC)
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Filing 35
Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Honorable Brian Morris. The referral is TERMINATED and the Honorable Magistrate Judge John Johnston no longer assigned to case. Signed by Judge Brian Morris on 4/5/2022. (ACC)
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Filing 34
NOTICE of Acknowledgment of Pro Hac Vice Order by Magellan Resource Partners, Medequity Corporation (Shepard, Julie)
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Filing 33
RESPONSE to Motion re #24 MOTION to Dismiss 12(b)(1) filed by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams. (Pinski, Gregory)
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Filing 32
SERVICE OF CONSENT to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 4/4/2022. (ACC)
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Filing 31
NOTICE of Appearance by David Matthew McLean on behalf of Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group (McLean, David)
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Filing 30
Corporate Disclosure Statement by Benefis Medical Group. (McLean, David)
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Filing 29
Corporate Disclosure Statement by Benefis Hospitals, Inc.. (McLean, David)
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Filing 28
Corporate Disclosure Statement by Benefis Health System. (McLean, David)
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Filing 27
Joinder in MOTION re #24 MOTION to Dismiss 12(b)(1) . (McLean, David)
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Filing 26
Joinder in Defendant Magellan Resource Partners, LLC and Medequity Corporation's #24 Motion to Dismiss Second Amended Complaint Gary M. Zadick appearing for Defendant Kalispell Regional Medical Center, Inc. Motions referred to John Johnston. (Zadick, Gary) Modified on 3/18/2022 to clean up text. (SLR).
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Filing 25
Brief/Memorandum in Support re #24 MOTION to Dismiss 12(b)(1) filed by Magellan Resource Partners, Medequity Corporation. (Bracken, Sean)
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Filing 24
MOTION to Dismiss 12(b)(1) Sean Paul Bracken appearing for Defendants Magellan Resource Partners, Medequity Corporation Motions referred to John Johnston. (Bracken, Sean)
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Filing 23
STATUS REPORT by Kodiak Blaine, Douglas Darko, Christopher Flower, Emily Haro, Reynolds Hertel, Karen Lappi, Edward Nelson, April Posey, Terri Searsdodd, Jon L. Williams. (Pinski, Gregory)
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Filing 22
ORDER granting #19 Motion to Appear Pro Hac Vice Julie Ann Shepard. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 4/1/2022. Signed by Magistrate Judge John Johnston on 3/17/2022. (SLR)
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Filing 21
TEXT Order: IT IS HEREBY ORDERED that a Status Report is due from the Plaintiffs in the matter, on or before March 24, 2022, regarding the non-appearance of Defendants Benefis Health System, Benefis Hospitals, Inc. and Benefis Medical Group. Signed by Judge Brian Morris on 3/17/2022. (SLL)
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Filing 20
Corporate Disclosure Statement by Magellan Resource Partners, Medequity Corporation. (Bracken, Sean)
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Filing 19
MOTION Julie Ann Shepard to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2833952.) Sean Paul Bracken appearing for Defendants Magellan Resource Partners, Medequity Corporation Motions referred to John Johnston. (Attachments: #1 Affidavit Affidavit of Julie Ann Shepard) (Bracken, Sean)
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Filing 18
NOTICE of Appearance by Sean Paul Bracken on behalf of Magellan Resource Partners, Medequity Corporation (Bracken, Sean)
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Filing 17
Summons Issued as to Medequity Corporation. Counsel is directed to download and print the summons for service. (ACC)
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Filing 16
AMENDED COMPLAINT (Second) against Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group, Does 1-50, Kalispell Regional Medical Center, Inc., Magellan Resource Partners, filed by Karen Lappi, Douglas Darko, Kodiak Blaine, Terri Searsdodd, Christopher Flower, Reynolds Hertel, April Posey. (Attachments: #1 Exhibit Summons to be issued) (Pinski, Gregory)
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Filing 15
Corporate Disclosure Statement by Kalispell Regional Medical Center, Inc.. (Zadick, Gary)
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Filing 14
ANSWER to #8 Amended Complaint by Kalispell Regional Medical Center, Inc.. (Zadick, Gary)
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Filing 13
AFFIDAVIT of Service for Summons served on MEDEQUITY CORPORATION upon Mark Rutherford Hess on 08/27/2021, filed by Kodiak Blaine, Douglas Darko, Christopher Flower, Reynolds Hertel, Karen Lappi, April Posey, Terri Searsdodd. (Pinski, Gregory) Modified on 3/17/2022 to add text of the party whom the summons was served on (MMS).
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Filing 12
AFFIDAVIT of Service for Summons served on Kristen Rowen on 8/31/2021, filed by Kodiak Blaine, Douglas Darko, Christopher Flower, Reynolds Hertel, Karen Lappi, April Posey, Terri Searsdodd. (Pinski, Gregory)
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Filing 11
AFFIDAVIT of Service for Summons served on Kristen Rowen on 8/31/2021, filed by Kodiak Blaine, Douglas Darko, Christopher Flower, Reynolds Hertel, Karen Lappi, April Posey, Terri Searsdodd. (Pinski, Gregory)
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Filing 10
AFFIDAVIT of Service for Summons served on Kristen Rowen on 8/31/2021, filed by Kodiak Blaine, Douglas Darko, Christopher Flower, Reynolds Hertel, Karen Lappi, April Posey, Terri Searsdodd. (Pinski, Gregory)
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Filing 9
WAIVER OF SERVICE Returned Executed by Karen Lappi, Douglas Darko, Kodiak Blaine, Terri Searsdodd, Christopher Flower, Reynolds Hertel, April Posey. Kalispell Regional Medical Center, Inc. waiver sent on 8/30/2021, answer due 10/29/2021. (Pinski, Gregory)
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Filing 8
AMENDED COMPLAINT against All Defendants, filed by Karen Lappi, Douglas Darko, Kodiak Blaine, Terri Searsdodd, Christopher Flower, Reynolds Hertel, April Posey. (Pinski, Gregory)
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Filing 7
Summonses Issued as to Benefis Health System, Benefis Hospitals, Inc., Benefis Medical Group, Kalispell Regional Medical Center, Inc., Magellan Resource Partners. (Attachments: #1 Issued Summons - Benefis Hospitals, Inc, #2 Issued Summons - Benefis Medical Group, #3 Issued Summons - Kalispell Regional Medical, #4 Issued Summons - Magellan Resource Partners) Counsel is directed to download and print the summons for service (ACC)
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Filing 6
Submission of Proposed Summons as to Magellan Resource Partners, re #1 Complaint (Pinski, Gregory)
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Filing 5
Submission of Proposed Summons as to Kalispell Regional Medical Center, Inc., re #1 Complaint (Pinski, Gregory)
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Filing 4
Submission of Proposed Summons as to Benefis Medical Group, re #1 Complaint (Pinski, Gregory)
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Filing 3
Submission of Proposed Summons as to Benefis Hospitals, Inc., re #1 Complaint (Pinski, Gregory)
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Filing 2
Submission of Proposed Summons as to Benefis Health System, re #1 Complaint (Pinski, Gregory)
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Filing 1
COMPLAINT (Class Action) and JURY DEMAND against All Defendants, filed by Karen Lappi, Douglas Darko, Kodiak Blaine, Terri Searsdodd, Christopher Flower, Reynolds Hertel, April Posey. (Attachments: #1 Civil Cover Sheet) (ACC)
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Filing fee: $ 402.00, receipt number 0977-2715878 (ACC)
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