Moeller et al v. The Aliera Companies et al
Plaintiff: Maria Moeller and Ron Moeller
Defendant: Does 1-10, Chase Moses, Shelley Steele, The Aliera Companies, Trinity Healthshare and Timothy Moses
Case Number: 6:2020cv00022
Filed: March 20, 2020
Court: US District Court for the District of Montana
Presiding Judge: Sam E Haddon
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2021 Opinion or Order Filing 226 ORDERED: Plaintiffs' Motion For Partial Relief From Stay and Alternative Motion to Bifurcate is DENIED. Signed by Judge Sam E Haddon on 9/15/2021. (HEG)
September 3, 2021 Filing 225 REPLY to Response to Motion re #222 MOTION to Lift Stay re: #219 Order Staying Case, MOTION FOR PARTIAL RELIEF FROM STAY AND ALTERNATIVE MOTION TO BIFURCATE , RESPONSE to Motion filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2) (Morrison, John)
August 20, 2021 Filing 224 RESPONSE to Motion re #222 MOTION to Lift Stay re: #219 Order Staying Case, MOTION FOR PARTIAL RELIEF FROM STAY AND ALTERNATIVE MOTION TO BIFURCATE filed by The Aliera Companies. (Attachments: #1 Exhibit A) (Shirley, Elizabeth)
August 6, 2021 Filing 223 Brief/Memorandum in Support re #222 MOTION to Lift Stay re: #219 Order Staying Case, MOTION FOR PARTIAL RELIEF FROM STAY AND ALTERNATIVE MOTION TO BIFURCATE filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit Exhibit 1 - Case 21-11001-JTD, Doc. 1) (Morrison, John)
August 6, 2021 Filing 222 MOTION to Lift Stay re: #219 Order Staying Case, MOTION FOR PARTIAL RELIEF FROM STAY AND ALTERNATIVE MOTION TO BIFURCATE John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
August 2, 2021 Filing 221 USCA Case Number 21-35607 and Time Schedule Order for #220 Notice of Appeal, filed by The Aliera Companies. (HEG)
July 29, 2021 Filing 220 NOTICE OF APPEAL as to #213 Findings of Fact & Conclusions of Law,,, Terminate Motions,, by The Aliera Companies. Filing fee $ 505, receipt number 0977-2704678. (Attachments: #1 Representation Statement and Notice of Appeal-9th Circuit) (Wall, Stefan)
July 16, 2021 Opinion or Order Filing 219 ORDERED: All proceedings in this case are suspended and stayed pending dissolution, modification, or lifting of the 11 U.S.C. 362 automatic stay by order of the United States Bankruptcy Court of the District of Delaware. Signed by Judge Sam E Haddon on 7/16/2021. (HEG)
July 9, 2021 Filing 218 SUGGESTION OF BANKRUPTCY Upon the Record as to Trinity Healthshare, Inc. by Trinity Healthshare. (Schacht, Nathan)
July 9, 2021 Filing 217 First MOTION for Extension of Time to Serve re #216 Amended Complaint upon Timothy Moses John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Attachments: #1 Text of Proposed Order [PROPOSED] Order) (Morrison, John)
July 8, 2021 Filing 216 AMENDED COMPLAINT SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against All Defendants, filed by Ron Moeller, Maria Moeller. (Morrison, John)
June 30, 2021 Opinion or Order Filing 215 ORDERED: The Court will conduct a status conference on the record at 10:00 a.m. on September 14, 2021, at the Paul G. Hatfield Federal Courthouse, inHelena, Montana, to address development and adoption of a specific timetableand schedule in which to address tasks necessary and appropriate to implementation of a case management plan in this case. SEE ORDER FOR COMPLETE DETAILS. Contract Court Reporter is Needed. Signed by Judge Sam E Haddon on 6/30/2021. (HEG)
June 30, 2021 Opinion or Order Filing 214 ORDERED: 1. Plaintiffs' Motion for Leave to File Second Amended Complaint is GRANTED as stated in this Order. Plaintiffs shall have to and including July 9, 2021, in which to file and serve a second amended complaint. 2.Defendants' Motion for Protective Order is DENIED as MOOT. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Sam E Haddon on 6/30/2021. (HEG)
June 30, 2021 Opinion or Order Filing 213 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER: 1. Moellers (a) did not accept an offer to enter into a contract containing a binding arbitration clause, (b) did not enter into a contract containing a binding arbitration clause, and ( c) are not parties to a contract containing a binding arbitration clause. 2. Defendant Trinity Healthshare, Inc.'s Motion to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation is DENIED. 3. The Aliera Companies, Inc.'s Motion to Compel Arbitration is DENIED. Signed by Judge Sam E Haddon on 6/30/2021. (Attachments: #1 Exhibit A) (HEG)
June 30, 2021 Set Deadlines: Joint Discovery Plan due by 9/7/2021. (HEG)
May 21, 2021 Filing 212 Brief/Response to Order re #206 Proposed Findings of Fact (COMBINED WITH TRINITY HEALTHSHARE, INC.) filed by The Aliera Companies. (Attachments: #1 Exhibit A-01/13/20 Order Termination Proceedings) (Wall, Stefan)
May 21, 2021 Filing 211 NOTICE by Maria Moeller, Ron Moeller re #208 Proposed Findings of Fact Plaintiffs' Brief In Opposition to Defendants' Proposed Findings of Fact and Conclusions of Law (Morrison, John)
May 10, 2021 Filing 210 REPLY to Response to Motion re #181 MOTION for Leave to File Second Amended Complaint filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit 1 - September 2, 2020 Transcript Excerpt, #2 Exhibit 2 - MSWD 772-775) (Morrison, John)
May 7, 2021 Filing 209 Brief/Memorandum in Support re #208 Proposed Findings of Fact filed by The Aliera Companies, Trinity Healthshare. (Schacht, Nathan)
May 7, 2021 Filing 208 Proposed Findings of Fact by The Aliera Companies, Trinity Healthshare. (Schacht, Nathan)
May 7, 2021 Filing 207 Brief/Memorandum in Support re #206 Proposed Findings of Fact and Conclusions of Law and Order filed by Maria Moeller, Ron Moeller. (Morrison, John)
May 7, 2021 Filing 206 Proposed Findings of Fact by Maria Moeller, Ron Moeller. (Morrison, John)
April 26, 2021 Filing 205 RESPONSE to Motion re #188 MOTION for Leave to File Second Amended Complaint filed by The Aliera Companies, Trinity Healthshare. (Schacht, Nathan)
April 26, 2021 Filing 204 TRANSCRIPT of Evidentiary Hearing re #197 Transcript Designation Order Form, #194 Transcript Designation Order Form, #196 Transcript Designation Order Form held on 4/13/2021 before Judge Sam E. Haddon. 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 Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (HEG)
April 26, 2021 Filing 203 TRANSCRIPT of Evidentiary Hearing re #197 Transcript Designation Order Form, #194 Transcript Designation Order Form, #196 Transcript Designation Order Form held on 4/12/2021 before Judge Sam E. Haddon. 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 Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (HEG)
April 26, 2021 Filing 202 TRANSCRIPT INDEX of Evidentiary held on 4/12/2021 and 4/13/2021 before Judge Sam E. Haddon. 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 Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 5/17/2021. Redacted Transcript Deadline set for 5/27/2021. Release of Transcript Restriction set for 7/26/2021. (HEG)
April 15, 2021 Opinion or Order Filing 201 ORDERED: The Combined Unopposed Motion to Amend Order on Filing & Service of Proposed Findings of Fact, Conclusions of Law and Briefs in Support is GRANTED. Plaintiffs and Defendants each shall file, and serve on other parties, Proposed Findings and Fact, accompanied by a supporting brief, on or before 4:45 p.m. on may 7, 2021. See order for additional deadlines. Signed by Judge Sam E Haddon on 4/15/2021. (HEG)
April 14, 2021 Filing 200 Unopposed MOTION to Amend/Correct Order on Filing & Service of Proposed Findings of Fact, Conclusions of Law & Briefs Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Text of Proposed Order To Amend Order on Filing and Service) (Wall, Stefan)
April 14, 2021 Filing 199 Exhibit List by Trinity Heathshare. (Attachments: #1 Ex 519 Trinity 2019 Member Guide, #2 Ex 520 Updated Authorization Form, #3 Ex 521 6/20/2019 Confirmation Email, #4 Ex 522 Cancellation Confirmation, #5 Ex 523 1/13/19 No Action Email, #6 Ex 524 4/30/2019 Update Email, #7 Ex 525 5/2/2019 Update Email, #8 Ex 526 First Amended Complaint, #9 Ex 527 6/3/2020 Affidavit of R. Moeller w/exhibits, #10 Ex 528 10/27/2020 Affidavit of Ron Moeller and exhibit, #11 Ex 529 4/30/2019 Update Email, #12 Ex 530 Plaintiffs Submission regarding Governing Contract Documents, #13 Ex 531 Declaration of Kathleen Kromodimedjo, #14 Ex 532 e-signature authorization to join Unity Healthshare, #15 Ex 533 Payment Email Notices, #16 Ex 534 Unity Member Guide, #17 Ex 535 2018-2019 Member Guide) (HEG) Modified on 4/14/2021 to correct exhibit # 535 (HEG). Modified on 4/14/2021 to correct filed to Trinity Heathshare(HEG).
April 14, 2021 Filing 198 Exhibit List by The Aliera Companies. (Attachments: #1 Ex 501 Unity Heathshare Enrollment Email, #2 Ex 502 Fulfillment Delay Notification Email, #3 Ex 503 Notice of Upcoming Authorized Sharing, #4 Ex 504 Unity Member Guide, #5 Ex 505 Unopened Email to Moellers re: Anticipated Transition to Trinity, #6 Ex 506 Welcome Email enclosing ID cards and Trinity Member Guide, #7 Ex 507 Trinity Member Guide, #8 Ex 508 Notice of update re: anticipated program transition to Trinity email, #9 Ex 509 Aliera Heathcare Update of no longer selling Unity Component, #10 Ex 510 Update Authorization Form to Trinity, #11 Ex 511 Confirmation of Transition to Trinity Email, #12 Ex 512 Trinity Cancellation Confirmation, #13 Ex 513 Declaration of Kathleen Kromodimedjo, #14 Ex 514 Plaintiffs Responses to Aliera's Discovery Requests, #15 Ex 515 Affidavit of R. Moeller and Exhibits, #16 Ex 516 First Amended Complaint) (HEG)
April 13, 2021 Filing 197 TRANSCRIPT DESIGNATION ORDER FORM by The Aliera Companies for proceedings held on 04/12/21 & 04/13/21 before Judge Haddon. Court reporter Tina Brilz. Type of transcript: 14-Day. Transcript due by 4/27/2021. (Wall, Stefan)
April 13, 2021 Filing 196 TRANSCRIPT DESIGNATION ORDER FORM by Trinity Healthshare for proceedings held on 4/12/2021 and 4/13/2021 before Judge Haddon. Court reporter Tina Brilz. Type of transcript: 14-Day. Transcript due by 4/27/2021. (Schacht, Nathan)
April 13, 2021 Filing 195 EXHIBITS by Maria Moeller, Ron Moeller. (Attachments: #1 Ex 1 Aliera CarePlus Advantage Plan, #2 Ex 2 Enrollment for Alier's CarePlus Advantage Plan, #3 Ex 3 Welcome Email, #4 Ex 4 Memeber Quick Guide, #5 Ex 5 Fulfillment Delay Notification, #6 Ex 6 Welcome Letter - Member Card, #7 Ex 7 Member Guide, #8 Ex 8 Late 2018 Email, #9 Welcome Letter 2019 Member Card, #10 Ex 10 Email 1-13, #11 Ex 11 4-30-19 Email, #12 Ex 12 Plan Updated Authorization Form, #13 Ex 13 Maria Moeller EOB, #14 Ex 14 Letters from Ron Moeller, #15 Ex 15 Confirmation of Transfer Email to Ron Moeller, #16 Ex 16 Washington Insurance Final Report, #17 17 Order Entering Interlocutory Injunction) (HEG)
April 13, 2021 Filing 194 TRANSCRIPT DESIGNATION ORDER FORM For Hearing Held on 4/12/21 and 4/13/21 by Maria Moeller, Ron Moeller for proceedings held on 4/12/21 - 4/13/21 before Judge Haddon. Court reporter Tina Brilz. Type of transcript: 14-Day. Transcript due by 4/27/2021. (Morrison, John)
April 13, 2021 Filing 193 MINUTE ENTRYfor proceedings held before Judge Sam E Haddon: Evidentiary Hearing held on 4/13/2021. Present in the courtroom are John Morrison and Anne Sherwood for Plaintiffs, Elizabeth Shirley and Stephan Wall for Defendants The Aliera Companies. Nathan Schacht and Jeff Baxter for Trinity Heathshares. Court advises parties of the purpose of todays proceeding. Witness testimony on behalf of defendant Trinity Healthshare is heard. Plaintiff calls rebuttal witness Ron Moeller. Record on this matter is closed and concluded. Parties are to file post hearing materials and will have until 4:45 mountain time on Monday, April 19 to file and serve proposed findings of fact and conclusions of law and a brief in support as stated. Response brief will be due on or before 4:45 p.m. mountain time on Monday, April 26. Parties are to address and prove the form and content of contract that exists between the parties as stated. The matter will be deemed submitted after the documents have been filed by the parties. Court is in Recess. Hearing commenced at 9:07 and concluded at 10:07. (Court Reporter Tina Brilz.) (Plaintiff Witnesses Sworn and Examined: Rebuttal: Ron Moeller), (Defense Witnesses Sworn and Examined: Trinity Healthshare: Joseph Guarino), (Law Clerk: T. Mooney-Myers), (Hearing held in Helena) (HEG)
April 13, 2021 Filing 192 Notice of Correction: re #187 Notice (Other). The filing error relates to: Incorrect Docket Event used. See the attached document for a brief description of the error made. (HEG)
April 13, 2021 Opinion or Order Filing 191 ORDER denying #184 WITHOUT PREJUDICE. Defendants The Aliera Companies, Inc. and Trinity Healthshare may resubmit the motion in proper form. Signed by Judge Sam E Haddon on 4/13/2021. (HEG)
April 12, 2021 Filing 190 MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Evidentiary Hearing held on 4/12/2021. Present in the courtroom are John Morrison and Anne Sherwood for Plaintiffs, Elizabeth Shirley and Stefan Wall for Defendants Aliera Companies. Shirley, Wall and Bilyeu for dft Moses and Steel; Schacht and Baxter for Trinity. Court advises parties of the purpose of todays proceeding and reviewing matter to date. Witness testimony in this case begins. Parties have stipulated to the use of the 2018-2019 Member Guide which will be marked as Dft Trinity's exhibit 535. Court and parties are heard on timeline for remaining witness testimony for Dft Trinity. Witness testimony will begin tomorrow beginning at 9:00 a.m. Hearing commenced at 9:00 and concluded at 4:36. ( Evidentiary Hearing set for 4/13/2021 at 09:00 AM in Helena, MT before Judge Sam E Haddon.). (Court Reporter Tina Brilz.) (Plaintiff Witnesses Sworn and Examined: Ron Moeller, Kathleen Kromodinedjo), (Defense Witnesses Sworn and Examined: Dft Aliera: Kathleen Kromodinedjo), (Plaintiff Exhibits Admitted: 1 through 17), (Defense Exhibits Admitted: Aliera: 501 through 516; Trinity: 519 through 535), (Law Clerk: T. Mooney-Myers), (Hearing held in Helena) (HEG)
April 12, 2021 Filing 189 Brief/Memorandum in Support re #188 MOTION for Leave to File Second Amended Complaint filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit A - Second Amended Complaint) (Morrison, John)
April 12, 2021 Filing 188 MOTION for Leave to File Second Amended Complaint John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
April 12, 2021 Filing 187 NOTICE by Maria Moeller, Ron Moeller re #181 MOTION for Leave to File Second Amended Complaint, #182 Brief/Memorandum in Support of Withdrawal of Documents (Morrison, John)
April 9, 2021 Filing 186 Objection re: #174 Exhibit List . (Morrison, John)
April 9, 2021 Filing 185 Objection re: #173 Witness List Exhibit List. (Morrison, John)
April 9, 2021 Filing 184 JOINT MOTION in Limine Nathan A. Schacht appearing for Defendant Trinity Healthshare (Schacht, Nathan) Modified on 4/9/2021 To indicate motion is filed jointly with Trinity Healthshare and Aliera Companies(HEG).
April 9, 2021 Filing 183 Objection re: #176 Exhibit List filed by Defendant Trinity Healthshare . (Schacht, Nathan) Modified on 4/9/2021 to add information as to filing party (HEG).
April 9, 2021 Filing 182 Brief/Memorandum in Support re #181 MOTION for Leave to File Second Amended Complaint filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit A - Second Amended Complaint) (Morrison, John)
April 9, 2021 Filing 181 MOTION for Leave to File Second Amended Complaint John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
April 9, 2021 Filing 180 Objection re: #176 Exhibit List,, The Aliera Companies Inc's Objections to Plaintiffs' Exhibit Lists. (Shirley, Elizabeth)
April 5, 2021 Filing 179 MAY CALL Witness List by Maria Moeller, Ron Moeller. (Morrison, John) Modified on 4/7/2021 to clarify text (HEG).
April 5, 2021 Filing 178 WILL CALL Witness List by Maria Moeller, Ron Moeller. (Morrison, John) Modified on 4/7/2021 to clarify text (HEG).
April 5, 2021 Filing 177 Exhibit List May Offer by Maria Moeller, Ron Moeller.. (Morrison, John)
April 5, 2021 Filing 176 Exhibit List Will Offer by Maria Moeller, Ron Moeller.. (Attachments: #1 Plaintiffs' Exhibit 1, #2 Plaintiffs' Exhibit 2, #3 Plaintiffs' Exhibit 3, #4 Plaintiffs' Exhibit 4, #5 Plaintiffs' Exhibit 5, #6 Plaintiffs' Exhibit 6, #7 Plaintiffs' Exhibit 7, #8 Plaintiffs' Exhibit 8, #9 Plaintiffs' Exhibit 9, #10 Plaintiffs' Exhibit 10, #11 Plaintiffs' Exhibit 11, #12 Plaintiffs' Exhibit 12, #13 Plaintiffs' Exhibit 13, #14 Plaintiffs' Exhibit 14, #15 Plaintiffs' Exhibit 15, #16 Plaintiffs' Exhibit 16, #17 Plaintiffs' Exhibit 17) (Morrison, John)
April 5, 2021 Filing 175 NOTICE by Maria Moeller, Ron Moeller re #171 Order,, Terminate Motions,, Set Deadlines/Hearings, of Filing Witness and Exhibit Lists (Morrison, John)
April 5, 2021 Filing 174 Exhibit List and Witness List Disclosure by Trinity Healthshare.. (Attachments: #1 Attachment to Defendant Trinity Healthshare's Exhibit and Witness Disclosure) (Schacht, Nathan)
April 5, 2021 Filing 173 Witness List by The Aliera Companies. (Attachments: #1 Exhibit A, #2 Exhibit B) (Shirley, Elizabeth)
April 2, 2021 Filing 172 SUPPLEMENT Supplemental initial Disclosures and Response and Objections to Discovery Requests by The Aliera Companies. (Attachments: #1 Aliera 000080-81) (Shirley, Elizabeth)
March 22, 2021 MINUTE ENTRYMinute Entry for proceedings held before Judge Sam E Haddon: Telephone Conference held on 3/22/2021. (LJF)
March 22, 2021 Opinion or Order Filing 171 ORDERED: The hearing set for 10:00 a.m. on March 26, 2021, is VACATED and RESET for April 12, 2021, at 9:00 a.m. at the Paul G. Hatfield Federal Courthouse, Helena, Montana. PLEASE READ ENTIRE ORDER FOR ADDITIONAL INFORMATION. Signed by Judge Sam E Haddon on 3/22/2021. (HEG) Modified on 4/1/2021 Tina Brilz to report (HEG).
March 19, 2021 Filing 170 Unopposed MOTION to Continue (COMBINED MARCH 26, 2021 EVIDENTIARY HEARING) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Text of Proposed Order Proposed Order) (Wall, Stefan)
March 17, 2021 Opinion or Order Filing 169 ORDERED: In response to an unopposed motion to expedite the conference call set for March 23, 2021, the Court conducted a conference call with counsel for all parties on March 17, 2021. The conference call set for March 23, 2021, at 2:00 p.m. is VACATED. Signed by Judge Sam E Haddon on 3/17/2021. (JDH)
March 15, 2021 Filing 168 REPLY to Response to Motion re #148 MOTION to Dismiss filed by Shelley Steele. (Shirley, Elizabeth)
March 15, 2021 Filing 167 Unopposed MOTION to Expedite (COMBINED PREHEARING TELECONFERENCE) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Text of Proposed Order Proposed Order) (Wall, Stefan)
March 9, 2021 Filing 166 NOTICE of Acknowledgment of Pro Hac Vice Order by Chase Moses, Shelley Steele re #159 Order on Motion to Amend/Correct, (Craig, Sarah)
March 9, 2021 Filing 165 NOTICE of Acknowledgment of Pro Hac Vice Order by Chase Moses, Shelley Steele re #160 Order on Motion to Amend/Correct, (Shirley, Elizabeth)
March 5, 2021 Opinion or Order Filing 164 ORDERED: The Court will conduct a hearing, on the record, at 10:00 a.m. on March 26, 2021, at the Paul G. Hatfield Federal Courthouse, Helena, Montana, to hear evidence, address, and resolve all issues as to the form and content of the contract between the parties in this case. (See order for complete details). The Court will conduct a conference call on March 23, 2021, at 2:00 p.m., with all counsel who will participate in the March 26, 2021, hearing. Signed by Judge Sam E Haddon on 3/5/2021. (HEG) Modified on 3/12/2021 Tina Brilz to report .(HEG). M
March 1, 2021 Filing 163 RESPONSE to Motion re #148 MOTION to Dismiss filed by Maria Moeller, Ron Moeller. (Sherwood, Anne)
February 26, 2021 Filing 162 STATUS REPORT Defendants' Joint Submission on Form of the Parties' Written Contract by Trinity Healthshare. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Schacht, Nathan)
February 26, 2021 Filing 161 STATUS REPORT Submission Regarding Governing Contract Documents by Maria Moeller, Ron Moeller. (Attachments: #1 Contract 1 Documents, #2 Contract 2 Documents) (Morrison, John)
February 23, 2021 Opinion or Order Filing 160 ORDERED: Wall's Unopposed Motion for Admission Pro Hae Vice of Shirley as counsel for Aliera, for Steele, and for Moses is GRANTED on the following conditions: See order for complete details. IT IS FURTHER ORDERED: This Order will be withdrawn unless Shirley, within 15 days from the date of this Order, files an acknowledgment and acceptance of her admission under the terms set forth above. Signed by Judge Sam E Haddon on 2/23/2021. (HEG)
February 23, 2021 Opinion or Order Filing 159 ORDERED: Wall's Unopposed Motion for Admission Pro Hac Vice of Craig as counsel for Aliera, for Steele, and for Moses is GRANTED on the following conditions: See order for details. IT IS FURTHER ORDERED: This Order will be withdrawn unless Craig, within 15 days from the date of this Order, files an acknowledgment and acceptance of her admission under the terms set forth above. Signed by Judge Sam E Haddon on 2/23/2021. (HEG)
February 19, 2021 Filing 158 Unopposed MOTION to Amend/Correct Motion for Admission Pro Hac Vice for Elizabeth B. Shirley Stefan T. Wall appearing for Defendants Chase Moses, Shelley Steele, The Aliera Companies (Attachments: #1 Exhibit Declaration of B Shirley, #2 Text of Proposed Order Proposed Order E. Shirley) (Wall, Stefan)
February 19, 2021 Filing 157 Unopposed MOTION to Amend/Correct Motion for Admission Pro Hac Vice for Sarah R. Craig Stefan T. Wall appearing for Defendants Chase Moses, Shelley Steele, The Aliera Companies (Attachments: #1 Exhibit Declaration of S Craig, #2 Text of Proposed Order Proposed Order S. Craig) (Wall, Stefan)
February 16, 2021 Filing 156 NOTICE of Appearance by Stefan T. Wall on behalf of Chase Moses, Shelley Steele, The Aliera Companies (Wall, Stefan)
February 12, 2021 Filing 155 TRANSCRIPT of Motion Hearing re #150 Transcript Designation Order Form, #151 Transcript Designation Order Form, #147 Transcript Designation Order Form, #154 Transcript Designation Order Form, held on 2/9/2021 before Judge Sam E. Haddon. 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 Tracy Baldwin at 406-879-8084, baldwinreporting@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 3/5/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/13/2021. (HEG)
February 11, 2021 Filing 154 TRANSCRIPT DESIGNATION ORDER FORM by The Aliera Companies for proceedings held on 2-9-2021 before Judge Haddon. Court reporter Stacy Baldwin. Type of transcript: 3-Day. Transcript due by 2/14/2021. (Shirley, Elizabeth) Modified on 2/12/2021 Request sent to reporter (HEG).
February 10, 2021 Opinion or Order Filing 153 ORDERED: Craig shall have to and including 4:45 p.m. Mountain Standard Time on February 24, 2021, in which to file a motion, and other documents as may be necessary and appropriate in form and content, and to take all actions required to meet and fully comply, in all respects, with all requirements of Local Rule 83.l(d), to obtain admission as pro hac vice counsel for Shelley Steele. See order for additional details. Signed by Judge Sam E Haddon on 2/10/2021. (HEG) Modified on 2/10/2021 to correct date to February 24, 2021. NEF regenerated. (HEG).
February 10, 2021 Opinion or Order Filing 152 ORDERED: Craig shall have to and including 4:45 p.m. Mountain Standard Timeon February 19, 2021, in which to file a motion, and other documents as may be necessary and appropriate in form and content, and to take all actions required to meet and fully comply, in all respects, with all requirements of Local Rule 83.1 ( d), to obtain admission as pro hac vice counsel for Chase Moses. See order for additional details. Signed by Judge Sam E Haddon on 2/10/2021. (HEG)
February 10, 2021 Filing 151 TRANSCRIPT DESIGNATION ORDER FORM AMENDED by Maria Moeller, Ron Moeller for proceedings held on 2/9/2021 before Judge Haddon. Court reporter Stacy Baldwin. Type of transcript: 3-Day. Transcript due by 2/16/2021. (Morrison, John)
February 9, 2021 Filing 150 TRANSCRIPT DESIGNATION ORDER FORM by Trinity Healthshare for proceedings held on 2/9/2021 before Judge Haddon. Court reporter Baldwin. Type of transcript: 3-Day. Transcript due by 2/12/2021. (Schacht, Nathan)
February 9, 2021 Filing 149 Brief/Memorandum in Support re #148 MOTION to Dismiss filed by Shelley Steele. (Craig, Sarah)
February 9, 2021 Filing 148 MOTION to Dismiss Sarah R. Craig appearing for Defendant Shelley Steele (Craig, Sarah)
February 9, 2021 Filing 147 TRANSCRIPT DESIGNATION ORDER FORM by Maria Moeller, Ron Moeller for proceedings held on 2/9/2021 before Judge Haddon. Court reporter Stacy Baldwin. Type of transcript: 14-Day. Transcript due by 2/23/2021. (Morrison, John)
February 9, 2021 Filing 146 MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Motion Hearing held on 2/9/2021 re #123 MOTION for Protective Order filed by The Aliera Companies, Trinity Healthshare. Present in the courtroom are John Morrison for Plaintiffs Maria and Ron Moeller; Elizabeth Shirley and Stefan Wall for Defendant The Aliera Companies; Jeffrey Baxter and Nathan Schacht for Defendant Trinity Healthshare; Nathan Bilyeu for Defendant Timothy Moses. Court advises parties of the purpose of todays proceeding and reviewing matter to date. Discovery matters discussed. Summary statements on discovery disputes and arguments on Motion for Protective Order are heard by Elizabeth Shirley for Defendant Aliera Companies, Jeff Baxter for Defendant Trinity Healthshare; and John Morrison for Plaintiffs. Parties are to meet and confer to agree as to the form of the contract by 2/26. If no agreement can be made, parties are to notify the court of the disagreement. Nothing further from the parties. Court is in Recess. Hearing commenced at 10:00 and concluded at 11:47. (Court Reporter Stacy Baldwin.) (Law Clerk: T. Mooney-Myers), (Hearing held in Helena) (HEG)
January 28, 2021 Opinion or Order Filing 145 ORDERED: The Court will conduct a hearing on Defendants' Joint Motion for Protective Order and will take up and address any pending and unresolved discovery disputes at 10:00 am on February 9, 2021, at the Paul G. Hatfield Federal Courthouse, Helena, Montana. As stated in the Court's Order of January 11, 2021, all local counsel and all pro hac vice counsel expecting to or who will address the Court at the hearing on February 9, 2021 are to be present in person. Signed by Judge Sam E Haddon on 1/28/2021. (HEG) Modified on 2/1/2021 Stacy Baldwin to report (HEG).
January 12, 2021 Opinion or Order Filing 144 ORDERED: All proceedings in this case are STAYED pending further order of Court. All deadlines established by prior order or orders of Court are VACATED to be reset by further order of Court if appropriate. The hearing set for 9:00 a.m. on January 14, 2021, is VACATED to be reset, if appropriate, by further order of Court. Signed by Judge Sam E Haddon on 1/12/2021. (HEG)
January 11, 2021 Filing 143 Joint MOTION to Continue January 14, 2021 Hearing Nathan A. Schacht appearing for Defendant Trinity Healthshare (Attachments: #1 Text of Proposed Order) (Schacht, Nathan)
January 11, 2021 Opinion or Order Filing 142 ORDERED: All local counsel and all pro hac vice counsel expected to address or who will address the Court at the hearing are to be present in person on January 14, 2021. The motion of local counsel Nathan A. Schacht to appear telephonically is DENIED. Sarah R. Craig may attend the hearing telephonically if she is not expected to address and will not address the Court at the hearing Signed by Judge Sam E Haddon on 1/11/2021. (HEG)
January 11, 2021 Filing 141 Unopposed MOTION for Leave to Appear by Telephone or Video Conference Sarah R. Craig appearing for Defendant The Aliera Companies (Attachments: #1 Proposed Order) (Craig, Sarah)
January 8, 2021 Filing 140 REPLY to Response to Motion re #123 MOTION for Protective Order filed by Trinity Healthshare. (Baxter, Jeffrey)
January 8, 2021 Filing 139 REPLY to Response to Motion re #123 MOTION for Protective Order filed by The Aliera Companies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Craig, Sarah)
January 8, 2021 Filing 138 Unopposed MOTION for Leave to Appear Telephonic or Video Conference at January 14, 2021 Hearing Nathan A. Schacht appearing for Defendant Trinity Healthshare (Attachments: #1 Text of Proposed Order) (Schacht, Nathan)
January 6, 2021 Opinion or Order Filing 137 ORDERED: The hearing set by previous order for 10 a.m. on January 14, 2021, is RESET for 9:00 a.m. on January 14, 2021, at the Paul G. Hatfield Federal Courthouse, Helena, Montana. Signed by Judge Sam E Haddon on 1/6/2021. (HEG)
January 5, 2021 Opinion or Order Filing 136 MEMORANDUM AND ORDER. Setting Hearing on Motion #123 MOTION for Protective Order : Motion Hearing set for 1/14/2021 at 10:00 AM in Helena, MT before Judge Sam E Haddon. See Order for additional information. Signed by Judge Sam E Haddon on 1/5/2021. (JEH) Stacy Baldwin to report (HEG). Modified on 1/8/2021 to update reporter. (HEG).
January 5, 2021 Opinion or Order Filing 135 ORDER: Setting Hearing on #123 MOTION for Protective Order : Motion Hearing set for 1/14/2021 at 10:00 AM in Helena, MT before Judge Sam E Haddon. Signed by Judge Sam E Haddon on 1/5/2021. See Order for additional information. (JEH) Stacy Baldwin to report (HEG). Modified on 1/8/2021 to update reporter (HEG).
December 23, 2020 Opinion or Order Filing 134 ORDER granting #133 Motion for Extension of Time to File Reply. Replies due by 1/8/2021. Signed by Judge Sam E Haddon on 12/23/2020. (HEG)
December 23, 2020 Filing 133 Unopposed MOTION for Extension of Time to File Response/Reply as to #132 Response to Motion, Sarah R. Craig appearing for Defendants The Aliera Companies, Trinity Healthshare (Attachments: #1 Exhibit Proposed Order) (Craig, Sarah)
December 22, 2020 Filing 132 RESPONSE to Motion re #123 MOTION for Protective Order filed by Maria Moeller, Ron Moeller. (Attachments: #1 Kromodimedjo Deposition, #2 Guarino Deposition, #3 Cited Deposition Exhibits, #4 La Jolla Spa MD v Avidas Pharms) (Morrison, John)
December 18, 2020 Filing 131 REPLY to Response to Motion re #120 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Moses. (Slanger, Sean)
December 14, 2020 Opinion or Order Filing 130 ORDERED: Plaintiffs' response brief to Defendants' Motion for Protective Order shall be filed on or before December 22, 2020. Signed by Judge Sam E Haddon on 12/14/2020. (HEG)
December 14, 2020 Filing 129 Unopposed MOTION for Extension of Time to File Response/Reply as to #123 MOTION for Protective Order John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Attachments: #1 Text of Proposed Order) (Morrison, John)
December 12, 2020 Filing 128 NOTICE by Maria Moeller, Ron Moeller re #127 Order,, (Morrison, John)
December 7, 2020 Opinion or Order Filing 127 ORDERED: No persuasive argument has been advanced by Plaintiff that would justify a third extension of time in which to effect service on Steele. Further delays that do no more than prolong Plaintiffs' efforts to effect service appear, by the record, to have limited probability of success. The Court will accord Plaintiffs one last extension in which to effect service on Steele, to and including, 4:45 pm, MST, on Friday, December 11, 2020. If valid service of process is not accomplished by the date and time stated in this order, the Court, as provided in Fed. R. Civ. P. (4)(m), will order dismissal of claims asserted against Steele in the Amended Complaint. Signed by Judge Sam E Haddon on 12/7/2020. (JDH)
December 4, 2020 Filing 126 NOTICE by Maria Moeller, Ron Moeller re #114 Order on Motion to Dismiss,, Order on Motion for Extension of Time to Serve, (Attachments: #1 Second Supplemental Affidavit of Danny Davidson, #2 Declaration of Rod McClellan) (Sherwood, Anne)
December 4, 2020 Filing 125 RESPONSE to Motion re #120 MOTION to Dismiss for Lack of Jurisdiction filed by Maria Moeller, Ron Moeller. (Sherwood, Anne)
December 1, 2020 Filing 124 Brief/Memorandum in Support re #123 MOTION for Protective Order filed by The Aliera Companies, Trinity Healthshare. (Attachments: #1 Plaintiff's Responses, #2 Email, #3 Aliera's Responses, #4 Trinity's Responses, #5 Aliera's Depo Notice & Response, #6 Trinity's Depo Notice & Response) (Craig, Sarah)
December 1, 2020 Filing 123 MOTION for Protective Order Sarah R. Craig appearing for Defendants The Aliera Companies, Trinity Healthshare (Craig, Sarah)
November 13, 2020 Filing 122 AFFIDAVIT/DECLARATION re #120 MOTION to Dismiss for Lack of Jurisdiction by Timothy Moses. (Slanger, Sean)
November 13, 2020 Filing 121 Brief/Memorandum in Support re #120 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Moses. (Slanger, Sean)
November 13, 2020 Filing 120 MOTION to Dismiss for Lack of Jurisdiction Sean D. Slanger appearing for Defendant Timothy Moses (Slanger, Sean)
November 12, 2020 Opinion or Order Filing 119 ORDER dismissing #115 Motion to Dismiss for Lack of Jurisdiction. ORDERED: The motion is dismissed for failure to comply with L.R. 7.1(c)(1). It may be resubmitted in proper form. Signed by Judge Sam E Haddon on 11/12/2020. (JDH)
November 10, 2020 Filing 118 REPLY to Response to Motion re #84 MOTION to Dismiss for Lack of Jurisdiction filed by Chase Moses. (Craig, Sarah)
November 10, 2020 Filing 117 AFFIDAVIT/DECLARATION re #115 MOTION to Dismiss for Lack of Jurisdiction by Timothy Moses. (Slanger, Sean)
November 10, 2020 Filing 116 Brief/Memorandum in Support re #115 MOTION to Dismiss for Lack of Jurisdiction filed by Timothy Moses. (Slanger, Sean)
November 10, 2020 Filing 115 MOTION to Dismiss for Lack of Jurisdiction Sean D. Slanger appearing for Defendant Timothy Moses (Slanger, Sean)
November 9, 2020 Opinion or Order Filing 114 ORDERED: Plaintiff's #113 Motion for Extension of Time to Perfect Service on Shelley Steele is GRANTED. Plaintiff is granted to and including 12/4/2020 to effect service on Defendant Shelley Steele. IT IS FURTHER ORDERED: Shelley Steele's Motion to Dismiss for Insufficient Service and Lack of Personal Jurisdiction #89 is DENIED WITHOUT PREJUDICE to renewal upon serice of process effected upon Defendant Shelley Steele. Signed by Judge Sam E Haddon on 11/9/2020. (JDH)
November 6, 2020 Filing 113 MOTION for Extension of Time to Serve re #112 Order,, Set Deadlines, Anne E. Sherwood appearing for Plaintiffs Maria Moeller, Ron Moeller (Sherwood, Anne)
November 3, 2020 Remark: Conventionally filed CD of video to (Doc. 110-3) received and retained on the civil shelf in the clerk's office. (HEG)
October 30, 2020 Opinion or Order Filing 112 ORDERED: Plaintiffs shall have to and including 4:45 p.m. on Friday, November 6, 2020, in which to file a brief stating what Plaintiffs assert to be good cause for failure to effect service on Steele and to "extend the time for service for an appropriate period." Signed by Judge Sam E Haddon on 10/30/2020. (HEG)
October 29, 2020 Filing 111 NOTICE of Filing Exhibits Video to Doc 110-3 re: #110 Affidavit/Declaration (Sherwood, Anne)
October 27, 2020 Filing 110 AFFIDAVIT/DECLARATION re #109 Response to Motion by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit 1 - Photo of Steele, #2 Exhibit 2 - Photos, #3 Exhibit 3 - Video link) (Sherwood, Anne)
October 27, 2020 Filing 109 RESPONSE to Motion re #89 MOTION to Dismiss for Insufficient Service and Lack of Personal Jurisdiction filed by Maria Moeller, Ron Moeller. (Sherwood, Anne)
October 27, 2020 Filing 108 AFFIDAVIT/DECLARATION re #106 Response to Motion by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit 1 - Email from Aliera) (Sherwood, Anne)
October 27, 2020 Filing 107 AFFIDAVIT/DECLARATION re #106 Response to Motion by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit 1 - Press Release, #2 Exhibit 2 - Page from Aliera Website) (Sherwood, Anne)
October 27, 2020 Filing 106 RESPONSE to Motion re #84 MOTION to Dismiss for Lack of Jurisdiction filed by Maria Moeller, Ron Moeller. (Sherwood, Anne)
October 22, 2020 Filing 105 WAIVER OF SERVICE Returned Executed by Ron Moeller, Maria Moeller. Timothy Moses waiver sent on 9/21/2020, answer due 11/20/2020. (Morrison, John)
October 15, 2020 Filing 104 Disclosure Statement by Maria Moeller, Ron Moeller. (Attachments: #1 MSWD 745 - certified mail receipts, #2 MSWD 746-751 - Notes, #3 MSWD 752 - 756 - Emails Membership, #4 MSWD 757 - 780 - Emails Other, #5 MSWD 781 - 806 - Member Guides) (Morrison, John)
October 5, 2020 Opinion or Order Filing 103 ORDER granting #101 Motion for Extension of Time to File Response. Plaintiff shall have to and including October 27, 2020, in order to file a response to Shelley Steele's Motion to Dismiss. Signed by Judge Sam E Haddon on 10/5/2020. (HEG)
October 5, 2020 Filing 102 NOTICE of Appearance by Anne E. Sherwood on behalf of Maria Moeller, Ron Moeller (Sherwood, Anne)
October 5, 2020 Filing 101 Unopposed MOTION for Extension of Time to File Response/Reply as to #89 MOTION to Dismiss for Insufficient Service and Lack of Personal Jurisdiction John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Attachments: #1 Proposed Order) (Morrison, John)
September 29, 2020 Opinion or Order Filing 100 ORDER granting #99 Motion for Extension of Time to File Response. Plaintiff shall have to and including October 27, 2020, in order to file a response to Chase Moses' Motion to Dismiss. Responses due by 10/27/2020. Signed by Judge Sam E Haddon on 9/29/2020. (HEG)
September 29, 2020 Filing 99 Unopposed MOTION for Extension of Time to File Response/Reply as to #84 MOTION to Dismiss for Lack of Jurisdiction John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Attachments: #1 Text of Proposed Order) (Morrison, John)
September 25, 2020 Filing 98 Disclosure Statement by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit Disclosure Documents 1-61, #2 Exhibit Disclosure Document 62-361, #3 Exhibit Disclosure Document 362-661, #4 Exhibit Disclosure Document 662-744) (Morrison, John)
September 25, 2020 Filing 97 Disclosure Statement by Trinity Healthshare. (Attachments: #1 Trinity documents Bates labeled TH_MT000001 - TH_MT000042) (Schacht, Nathan)
September 25, 2020 Filing 96 Disclosure Statement by The Aliera Companies. (Attachments: #1 Exhibit Aliera Disclosure Documents 1-20, #2 Exhibit Aliera Disclosure Documents 21-40, #3 Exhibit Aliera Disclosure Documents 41-60, #4 Exhibit Aliera Disclosure Documents 61-79) (Craig, Sarah)
September 25, 2020 Filing 95 TRANSCRIPT of Status Conference held on 9-2-2020 before Judge Sam E. Haddon. 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 clerk's 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 JoAnn Jett Corson, 406-698-9965, joannjettcorson@gmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website.. Redaction Request due 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020. (JJC)
September 25, 2020 Filing 94 TRANSCRIPT DESIGNATION ORDER FORM OF 9/22/2020 Status Conference by Trinity Healthshare for proceedings held on 9/2/2020 before Judge Haddon. Court reporter JoAnn Jett Corson. Type of transcript: 3-Day. Transcript due by 9/28/2020. (Schacht, Nathan)
September 18, 2020 Opinion or Order Filing 93 ORDERED: Plaintiffs Motion to Strike New Arguments Raised in Aliera's Reply Brief is DENIED. Signed by Judge Sam E Haddon on 9/18/2020. (HEG)
September 16, 2020 Opinion or Order Filing 92 ORDERED: Defendant Chase Moses shall comply with all dates and deadlines established by the scheduling order of September 4, 2020, except that he is accorded to and including October 6, 2020, to file initial disclosures required by Paragraph 2 of the Order of September 4, 2020. Signed by Judge Sam E Haddon on 9/16/2020. (HEG)
September 16, 2020 Opinion or Order Filing 91 ORDERED: Defendants' Joint Motion for Leave to Respond to Plaintiffs' Notice of Supplemental Authority is DENIED. Plaintiffs Motion for Leave to Respond to Notices of Supplemental Authority is DENIED. Signed by Judge Sam E Haddon on 9/16/2020. (HEG)
September 14, 2020 Filing 90 Brief/Memorandum in Support re #89 MOTION to Dismiss for Insufficient Service and Lack of Personal Jurisdiction filed by Shelley Steele. (Attachments: #1 Exhibit Declaration of Shelley Steele) (Craig, Sarah)
September 14, 2020 Filing 89 MOTION to Dismiss for Insufficient Service and Lack of Personal Jurisdiction Sarah R. Craig appearing for Defendant Shelley Steele (Craig, Sarah)
September 8, 2020 Filing 88 RESPONSE to Motion re #73 MOTION for Leave to File Response to Trinity and Aliera's Notices of Supplemental Authority filed by The Aliera Companies. (Craig, Sarah)
September 8, 2020 Filing 87 Brief/Memorandum in Support re #86 MOTION to Compel Arbitration filed by Chase Moses. (Craig, Sarah)
September 8, 2020 Filing 86 MOTION to Compel Arbitration Sarah R. Craig appearing for Defendant Chase Moses (Craig, Sarah)
September 8, 2020 Filing 85 Brief/Memorandum in Support re #84 MOTION to Dismiss for Lack of Jurisdiction filed by Chase Moses. (Attachments: #1 Exhibit Declaration of Chase Moses) (Craig, Sarah)
September 8, 2020 Filing 84 MOTION to Dismiss for Lack of Jurisdiction Sarah R. Craig appearing for Defendant Chase Moses (Craig, Sarah)
September 8, 2020 Filing 83 RESPONSE to Motion re #73 MOTION for Leave to File Response to Trinity and Aliera's Notices of Supplemental Authority filed by Trinity Healthshare. (Schacht, Nathan)
September 4, 2020 Opinion or Order Filing 82 ORDERED: On or before September 25, 2020, each party shall file and serve copies of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses or that it may offer into evidence at trial. Fed. R. Civ. P. 26(a)(l )(A). Signed by Judge Sam E Haddon on 9/4/2020. (HEG)
September 4, 2020 Opinion or Order Filing 81 SCHEDULING ORDER: Discovery due by 1/15/2021. Motions (fully briefed) due by 2/26/2021. Proposed Pretrial Order due by 4/19/2021. See order for complete details. Signed by Judge Sam E Haddon on 9/4/2020. (HEG)
September 3, 2020 Filing 80 TRANSCRIPT DESIGNATION ORDER FORM by The Aliera Companies for proceedings held on 09/02/2020 before Judge Haddon. Court reporter JoAnn Jett Corson. Type of transcript: 30-Day. Transcript due by 10/3/2020. (Wall, Stefan)
September 2, 2020 Filing 79 TRANSCRIPT DESIGNATION ORDER FORM by Maria Moeller, Ron Moeller for proceedings held on 9/2/20 before Judge Haddon. Court reporter JoAnn Jett Corson. Type of transcript: 30-Day. Transcript due by 10/2/2020. (Morrison, John)
September 2, 2020 Filing 78 MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Status Conference held on 9/2/2020. Present in the courtroom are John Morrison for Plaintiffs; Sarah Craig, Elizabeth Shirley and Stefan Wall for Aliera Companies; Sarah Craig for Shelley Steele and Chase Moses; Jeffrey Baxter and Nathan Schacht for Trinity Healthshare. Court advises parties of the purpose of todays proceeding and reviewing matter to date. Arguments are heard by the parties: (Morrison, Craig, Shirley, and Baxter) Court addresses the matters argued. Court adopts the proposed scheduling order as stated. Discovery is to be limited as to the motions of arbitration. All parties must serve and file all documents as stated. Disclosures are due by 9/25/20. Nothing further from the parties. Court is in recess. (Court Reporter JoAnn Corson.) (Law Clerk: T. Mooney-Myers), (Hearing held in Helena) (HEG)
August 31, 2020 Opinion or Order Filing 77 ORDER granting #76 Motion for Extension of Time to Answer. Defendant Shelley Steele shall have to and including 9/14/2020 in which to answer or otherwise respond to the Amended Complaint. Signed by Judge Sam E Haddon on 8/31/2020. (HEG)
August 30, 2020 Filing 76 Unopposed MOTION for Extension of Time to File Answer re #4 Amended Complaint Sarah R. Craig appearing for Defendant Shelley Steele (Craig, Sarah)
August 27, 2020 Administrative Correction: re #75 COVID-19 Quesionnaire for Out-Of-State Participants. Please DISREGARD document #75 as this was filed in error by clerk. (HEG)
August 26, 2020 Filing 75 DISREGARD THIS FILING COVID-19 Quesionnaire for Out-Of-State Attorneys, Parties & Witnesses. (HEG) Modified on 8/27/2020 FILED IN ERROR (HEG).
August 25, 2020 Filing 74 Brief/Memorandum in Support re #73 MOTION for Leave to File Response to Trinity and Aliera's Notices of Supplemental Authority filed by Maria Moeller, Ron Moeller. (Morrison, John)
August 25, 2020 Filing 73 MOTION for Leave to File Response to Trinity and Aliera's Notices of Supplemental Authority John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
August 24, 2020 Opinion or Order Filing 72 ORDER granting #69 Motion for Extension of Time to File Answer. Defendant's Answer to Amended Complaint is due on September 8, 2020. Signed by Judge Sam E Haddon on 8/24/2020. (HEG)
August 24, 2020 Filing 71 NOTICE by The Aliera Companies Notice of Supplemental Authority (Attachments: #1 Supplement) (Craig, Sarah)
August 24, 2020 Filing 70 NOTICE of Acknowledgment of Pro Hac Vice Order by Trinity Healthshare (Menk, Jacqueline)
August 24, 2020 Filing 69 Unopposed MOTION for Extension of Time to File Response/Reply as to #4 Amended Complaint Sarah R. Craig appearing for Defendant Chase Moses (Attachments: #1 Exhibit Proposed Order) (Craig, Sarah)
August 24, 2020 Filing 68 NOTICE of Acknowledgment of Pro Hac Vice Order by Trinity Healthshare (Baxter, Jeffrey)
August 24, 2020 Remark: PHV Counsel Jacqueline Menk is now a registered e-filer and will receive electronic notifications. (HEG)
August 21, 2020 Filing 67 NOTICE by Trinity Healthshare re #66 Notice (Other) Attachment to Defendant Trinity Healthshare, Inc.'s Notice of Supplemental Authority [Dkt. 66] (Schacht, Nathan)
August 21, 2020 Filing 66 NOTICE by Trinity Healthshare re #40 Notice (Other) Defendant Trinity Healthshare, Inc.'s Notice of Supplemental Authority (Schacht, Nathan)
August 21, 2020 Filing 65 JOINT CASE MANAGEMENT PLAN by Maria Moeller, Ron Moeller. (Morrison, John)
August 19, 2020 Remark: PHV Jeffrey R. Baxter is now a registered e-filer and will receive electronic notifications in this matter. (HEG)
August 18, 2020 Filing 64 Letter from Clerk of Court, Tyler P. Gilman to PHV Counsel Jacqueline Menk regarding the CM/ECF registration requirements. Copy of letter and order mailed to counsel. (HEG)
August 18, 2020 Filing 63 Letter from Clerk of Court, Tyler P. Gilman to PHV Counsel Jeffrey Baxter regarding the CM/ECF registration requirements. Copy mailed to counsel with order. (HEG)
August 18, 2020 Opinion or Order Filing 62 ORDER granting #60 Motion to Appear Pro Hac Vice ; granting #61 Motion to Appear Pro Hac Vice Acknowledgment of PHV Order due by 9/2/2020. Signed by Judge Sam E Haddon on 8/18/2020. (HEG)
August 18, 2020 Filing 61 Unopposed MOTION Jacqueline T. Menk to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2528711.) Nathan A. Schacht appearing for Defendant Trinity Healthshare (Attachments: #1 Declaration of Jacqueline T. Menk, #2 Text of Proposed Order) (Schacht, Nathan)
August 18, 2020 Filing 60 Unopposed MOTION Jeffrey R. Baxter to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2528690.) Nathan A. Schacht appearing for Defendant Trinity Healthshare (Attachments: #1 Declaration of Jeffrey R. Baxter, #2 Text of Proposed Order) (Schacht, Nathan)
August 17, 2020 Filing 59 AFFIDAVIT of Service for Summons and First Amended Complaint served on Shelley Steele on August 10, 2020, filed by Maria Moeller, Ron Moeller. (Morrison, John)
August 17, 2020 Filing 58 AFFIDAVIT of Service for Summons and First Amended Complaint served on Timothy Moses on August 10, 2020, filed by Maria Moeller, Ron Moeller. (Morrison, John)
August 14, 2020 Opinion or Order Filing 57 ORDERED: The Court will conduct a status conference on the record with counsel at 10:00 a.m. on September 2, 2020, at the Paul G. Hatfield Federal Courthouse, Helena, Montana. All lead counsel are expected to be present. See order for complete details. Signed by Judge Sam E Haddon on 8/14/2020. (HEG) Modified on 8/17/2020 JoAnn Corson to report (HEG).
August 10, 2020 Filing 56 AFFIDAVIT of Service for Summons and First Amended Complaint served on Chase Moses on August 4, 2020, filed by Maria Moeller, Ron Moeller. (Morrison, John)
August 3, 2020 Filing 55 AMENDED Summons Issued as to Chase Moses, Timothy Moses, Shelley Steele. Copies emailed to counsel for service. (HEG)
July 29, 2020 Filing 54 SUBMISSION OF PROPOSED SUMMONSES by Maria Moeller, Ron Moeller Filing Proposed Amended Summonses (Attachments: #1 Exhibit Proposed Amended Summonses) (Morrison, John) Modified on 8/3/2020 TO CORRECT EVENT TEXT (HEG).
July 29, 2020 Filing 53 NOTICE by Maria Moeller, Ron Moeller re #50 Summons Returned Unexecuted, #51 Summons Returned Unexecuted, #52 Summons Returned Unexecuted (Attachments: #1 Exhibit Unexecuted Summonses) (Morrison, John)
July 29, 2020 Filing 52 Summons Returned Unexecuted by Ron Moeller, Maria Moeller as to Timothy Moses. (Morrison, John)
July 29, 2020 Filing 51 Summons Returned Unexecuted by Ron Moeller, Maria Moeller as to Shelley Steele. (Morrison, John)
July 29, 2020 Filing 50 Summons Returned Unexecuted by Ron Moeller, Maria Moeller as to Chase Moses. (Morrison, John)
July 22, 2020 Filing 49 NOTICE by Maria Moeller, Ron Moeller re #32 Response to Motion, #34 Response to Motion of Supplemental Authority (Attachments: #1 Exhibit Order) (Morrison, John)
July 7, 2020 Filing 48 RESPONSE to Motion re #44 Joint MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority filed by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit Exhibit A - Jackson Brief) (Morrison, John)
July 7, 2020 Filing 47 RESPONSE to Motion re #42 Amended MOTION to Strike #41 Order on Motion to Strike, #36 Reply to Response to Motion filed by The Aliera Companies. (Craig, Sarah)
July 7, 2020 Opinion or Order Filing 46 ORDERED: re #44 Plaintiffs shall forthwith file a response addressing the merits of the motion. Signed by Judge Sam E Haddon on 7/7/2020. (HEG)
June 29, 2020 Filing 45 Brief/Memorandum in Support re #44 Joint MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority, #40 Notice (Other) filed by Trinity Healthshare. (Schacht, Nathan)
June 29, 2020 Filing 44 Joint MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority Nathan A. Schacht appearing for Defendant Trinity Healthshare (Schacht, Nathan) Modified on 8/6/2020 to reinstate motion per chambers. (HEG).
June 24, 2020 Filing 43 Brief/Memorandum in Support re #42 Amended MOTION to Strike #41 Order on Motion to Strike, #36 Reply to Response to Motion , #36 Reply to Response to Motion filed by Maria Moeller, Ron Moeller. (Morrison, John)
June 24, 2020 Filing 42 Amended MOTION to Strike #41 Order on Motion to Strike, #36 Reply to Response to Motion John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
June 24, 2020 Opinion or Order Filing 41 ORDERED: Plaintiffs' Motion to Strike New Arguments Raised in Aliera's Reply Brief is DENIED without prejudice for failure to comply with L.R. 7.1( c)(l). Plaintiffs may resubmit the motion in proper form. Signed by Judge Sam E Haddon on 6/24/2020. (HEG)
June 24, 2020 Filing 40 NOTICE by Maria Moeller, Ron Moeller re #32 Response to Motion, #34 Response to Motion (Attachments: #1 Exhibit Exhibit 1 - Jackson Opinion) (Morrison, John)
June 18, 2020 Filing 39 Brief/Memorandum in Support re #38 MOTION to Strike #36 Reply to Response to Motion filed by Maria Moeller, Ron Moeller. (Morrison, John)
June 18, 2020 Filing 38 MOTION to Strike #36 Reply to Response to Motion John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Morrison, John)
June 17, 2020 Filing 37 REPLY to Response to Motion re #17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation filed by Trinity Healthshare. (Schacht, Nathan)
June 17, 2020 Filing 36 REPLY to Response to Motion re #14 MOTION to Compel Arbitration filed by The Aliera Companies. (Craig, Sarah)
June 4, 2020 Filing 35 NOTICE of Acknowledgment of Pro Hac Vice Order by The Aliera Companies re #28 Order on Motion to Appear Pro Hac Vice,,, (Craig, Sarah)
June 3, 2020 Filing 34 RESPONSE to Motion re #17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation filed by Maria Moeller, Ron Moeller. (Morrison, John)
June 3, 2020 Filing 33 AFFIDAVIT/DECLARATION re #32 Response to Motion by Maria Moeller, Ron Moeller. (Attachments: #1 Exhibit Unity Sell Sheet, #2 Exhibit CarePlus Card, #3 Exhibit Member Guide, #4 Exhibit CarePlus Brochure, #5 Exhibit Letter, #6 Exhibit EOBs, #7 Exhibit Trinity Letter, #8 Exhibit Bill Summary) (Morrison, John)
June 3, 2020 Filing 32 RESPONSE to Motion re #14 MOTION to Compel Arbitration filed by Maria Moeller, Ron Moeller. (Morrison, John)
June 3, 2020 Remark: PHV counsel Sarah Craig is now a registered E-filer and will receive electronic notifications. (HEG)
June 2, 2020 Filing 31 NOTICE of Acknowledgment of Pro Hac Vice Order by The Aliera Companies re #28 Order on Motion to Appear Pro Hac Vice,,, #30 Letter (Shirley, Elizabeth)
June 1, 2020 Remark: PHV counsel Elizabeth Shirley is now a registered e-filer and will receive electronic notifications. (HEG)
May 22, 2020 Filing 30 Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Elizabeth Shirley regarding the CM/ECF registration requirements. (HEG)
May 22, 2020 Filing 29 Letter from Clerk of Court, Tyler P. Gilman to PHV counsel Sarah Craig regarding the CM/ECF registration requirements. (HEG)
May 22, 2020 Opinion or Order Filing 28 ORDER granting #26 Motion to Appear Pro Hac Vice ; granting #27 Motion to Appear Pro Hac Vice. FURTHER ORDERED: This Order will be withdrawn unless Ms. Craig and Ms. Shirley, within 15 days from the date of this Order, each files an acknowledgment and acceptance of her admission under the terms set forth above. Signed by Judge Sam E Haddon on 5/22/2020. (HEG)
May 20, 2020 Filing 27 Second MOTION Elizabeth B. Shirley to Appear Pro Hac Vice (Unopposed) ( Filing fee $ 255 receipt number 0977-2483552.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Affidavit Declaration of E. Shirley, #2 Text of Proposed Order Proposed Order E. Shirley) (Wall, Stefan)
May 20, 2020 Filing 26 Second MOTION Sarah R. Craig to Appear Pro Hac Vice (Unopposed) ( Filing fee $ 255 receipt number 0977-2483548.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Affidavit Declaration of S Craig, #2 Text of Proposed Order Proposed Order S. Craig) (Wall, Stefan)
May 19, 2020 Opinion or Order Filing 25 ORDER granting #24 Motion for Extension of Time to File Response re #17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation Responses due by 6/3/2020. Signed by Judge Sam E Haddon on 5/19/2020. (HEG)
May 18, 2020 Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation, #14 MOTION to Compel Arbitration John M. Morrison appearing for Plaintiffs Maria Moeller, Ron Moeller (Attachments: #1 Text of Proposed Order Text of Proposed Order) (Morrison, John)
May 13, 2020 Opinion or Order Filing 23 ORDER denying #21 , #22 Motion to Appear Pro Hac Vice. Defendant Aliera may, upon showing of good cause, resubmit the motions in proper form. Finance notified for refund purposes. Signed by Judge Sam E Haddon on 5/13/2020. (HEG)
May 13, 2020 Remark: Per #23 PHV filing fees have been refunded to original payment method for S. Wall. (HEG)
May 12, 2020 Filing 22 Unopposed MOTION Elizabeth B. Shirley to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2480280.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Affidavit Declaration of E Shirley, #2 Text of Proposed Order Proposed Order E. Shirley) (Wall, Stefan)
May 12, 2020 Filing 21 Unopposed MOTION Sarah R. Craig to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2480263.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Affidavit Declaration of S Craig, #2 Text of Proposed Order Proposed Order S. Craig) (Wall, Stefan)
May 11, 2020 Remark: Per #20 PHV filing fees have been refunded to original payment method for S. Wall. (HEG)
May 8, 2020 Opinion or Order Filing 20 ORDER denying #12 Motion to Appear Pro Hac Vice for Sarah R. Craig and #13 Elizabeth B. Shirley. Signed by Judge Sam E Haddon on 5/8/2020. (JEH) Modified on 5/11/2020 to reference denial of #13 (HEG).
May 6, 2020 Filing 19 Corporate Disclosure Statement by Trinity Healthshare. (Schacht, Nathan)
May 6, 2020 Filing 18 Brief/Memorandum in Support re #17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation filed by Trinity Healthshare. (Attachments: #1 Declaration of Jacqueline T. Menk in support of Trinity's Motion to Compel Arbitration, #2 Exhibit A to Declaration of Jacqueline Menk, #3 Exhibit B to Declaration of Jacqueline Menk, #4 Exhibit C to Declaration of Jacqueline Menk, #5 Exhibit D to Declaration of Jacqueline Menk) (Schacht, Nathan)
May 6, 2020 Filing 17 MOTION to Compel Arbitration or, in the Alternative, Dismiss Claims and Stay Remaining Litigation Nathan A. Schacht appearing for Defendant Trinity Healthshare (Schacht, Nathan)
May 6, 2020 Filing 16 Disclosure Statement by The Aliera Companies. (Wall, Stefan)
May 6, 2020 Filing 15 Brief/Memorandum in Support re #14 MOTION to Compel Arbitration filed by The Aliera Companies. (Attachments: #1 Affidavit Declaration Kromodimedjo, #2 Exhibit Exhibit 1 Kromo Declaration, #3 Exhibit Exhibit 2 Kromo Declaration, #4 Exhibit Exhibit 3 Kromo Declaration, #5 Exhibit Exhibit 4 Kromo Declaration, #6 Exhibit Exhibit 5 Kromo Declaration) (Wall, Stefan)
May 6, 2020 Filing 14 MOTION to Compel Arbitration Stefan T. Wall appearing for Defendant The Aliera Companies (Wall, Stefan)
May 6, 2020 Filing 13 MOTION Elizabeth B. Shirley to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2477891.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Affidavit Declaration, #2 Text of Proposed Order Proposed Order E. Shirley) (Wall, Stefan)
May 6, 2020 Filing 12 MOTION Sarah R. Craig to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2477885.) Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Declaration of S. Craig, #2 Proposed Order S. Craig) (Wall, Stefan)
April 15, 2020 Opinion or Order Filing 11 ORDERED: The Aliera Companies answer or other appropriate responsive pleading to the First Amended Complaint and Demand for Jury Trial due 5/6/2020. Signed by Judge Sam E Haddon on 4/15/2020. (HEG)
April 15, 2020 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply To Plaintiffs' First Amended Complaint Stefan T. Wall appearing for Defendant The Aliera Companies (Attachments: #1 Text of Proposed Order Proposed Order) (Wall, Stefan)
April 15, 2020 Filing 9 NOTICE of Appearance by Stefan T. Wall on behalf of The Aliera Companies (Wall, Stefan)
April 13, 2020 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer. Defendant Trinity Healthshare shall have to and including May 6, 2020, to file an answer or other appropriate responsive pleading to the First Amended Complaint and Demand for Jury Trial. Signed by Judge Sam E Haddon on 4/13/2020. (HEG)
April 10, 2020 Filing 7 Unopposed MOTION for Extension of Time to File Answer re #4 Amended Complaint Nathan A. Schacht appearing for Defendant Trinity Healthshare (Attachments: #1 Text of Proposed Order) (Schacht, Nathan)
April 1, 2020 Filing 6 AFFIDAVIT of Service for Summons and First Amended Complaint served on The Aliera Companies, Inc on 3/26/2020, filed by Maria Moeller, Ron Moeller. (Morrison, John)
April 1, 2020 Filing 5 AFFIDAVIT of Service for Summons and First Amended Complaint served on Trinity HealthShare, Inc on 3/26/2020, filed by Maria Moeller, Ron Moeller. (Morrison, John)
March 25, 2020 Filing 4 AMENDED COMPLAINT against All Defendants, filed by Ron Moeller, Maria Moeller. (Morrison, John)
March 24, 2020 Opinion or Order Filing 3 ORDERED: This case will be dismissed on March 31, 2020, unless Plaintiff files an amended complaint properly alleging jurisdiction on or before that date. Signed by Judge Sam E Haddon on 3/24/2020. (HEG)
March 23, 2020 Filing 2 Summons Issued as to Trinity Healthshare, The Aliera Companies, Timothy Moses, Shelley Steele, Chase Moses. Original Summonses mailed to counsel for service. (HEG)
March 20, 2020 Filing 1 COMPLAINT against All Defendants, filed by Ron Moeller, Maria Moeller. (Attachments: #1 Civil Cover Sheet) (HEG) Modified on 3/23/2020 to correct file date (HEG).
March 20, 2020 Filing fee received: $ 400., receipt number 0977-2459899 (HEG)

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Search for this case: Moeller et al v. The Aliera Companies et al
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Plaintiff: Maria Moeller
Represented By: John M. Morrison
Represented By: Anne E. Sherwood
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Plaintiff: Ron Moeller
Represented By: John M. Morrison
Represented By: Anne E. Sherwood
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Defendant: Does 1-10
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Defendant: Chase Moses
Represented By: Sarah R. Craig
Represented By: Stefan T. Wall
Represented By: Elizabeth B. Shirley
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Defendant: Shelley Steele
Represented By: Sarah R. Craig
Represented By: Stefan T. Wall
Represented By: Elizabeth B. Shirley
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Defendant: The Aliera Companies
Represented By: Stefan T. Wall
Represented By: Elizabeth B. Shirley
Represented By: Sarah R. Craig
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Defendant: Trinity Healthshare
Represented By: Nathan A. Schacht
Represented By: Jacqueline T. Menk
Represented By: Jeffrey R. Baxter
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Defendant: Timothy Moses
Represented By: Sean D. Slanger
Represented By: Nathan D. Bilyeu
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