Central Valley Ag Cooperative et al v. Leonard et al
| Central Valley Ag Cooperative and Central Valley Ag Cooperative Health Care Plan |
| Anasazi Medical Payment Solutions, Inc., Claims Delegate Services, LLC, GMS Benefits, Inc., Linus G. Humpal, Daniel K. Leonard, Susan Leonard and The Benefit Group, Inc. |
| 8:2017cv00379 |
| October 11, 2017 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Laurie Smith Camp |
| Cheryl R. Zwart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1362 ERISA |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
423
ORDER - Plaintiffs' Motion to Stay Execution of Judgments, ECF No. 416 , is granted. Execution of the Attorneys' Fee Award, ECF No. 411 , and taxed costs and expenses, ECF Nos. 412 , 413 , 414 , is stayed pending the resolution of Plai ntiffs' appeal pending before the United States Court of Appeals for the Eighth Circuit. On or before April 8, 2020, Plaintiffs shall file the bond with the Clerk of the Court in the amount of $1,833,592.42. Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
411
MEMORANDUM AND ORDER - The Defendants' Motions for Attorney Fees, ECF Nos. 374 , 377 , and 381 , are granted in part, and Defendants are awarded the following amounts in attorneys' fees and expenses: Defendants The Benefit Group, Inc., a nd Linus G. Humpal are awarded $600,000.00 in attorneys' fees and costs; Defendants Anasazi Medical Payment Solutions, Inc., and Claims Delegate Services, LLC, are awarded $640,000.00 in attorneys' fees and costs; Defendants GMS Benefits, Inc., Susan Leonard, and Daniel K. Leonard are awarded $250,000.00 in attorneys' fees and costs. All other pending motions are denied as moot. Ordered by Senior Judge Laurie Smith Camp. (LKO)
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Filing
372
MEMORANDUM AND ORDER that Defendants' Motions for Summary Judgment, ECF Nos. 257, 263, and 270, are granted; Plaintiff's Motion for Partial Summary Judgment, ECF No. 273, is denied; The Motions to Exclude and Motions in Limine, ECF Nos. 223, 243, 347, 350, 352, 355, and 371, are denied as moot; This action is dismissed, with prejudice; and A separate judgment will be entered. Ordered by Senior Judge Laurie Smith Camp. (ADB)
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Filing
366
ORDER that the motion to withdraw filed by Jordan R. Hasan as counsel on behalf of Defendants Anasazi Medical Payment Solutions, Inc., Claims Delegate Services, LLC, (Filing No. 363 ), is granted. Jordan R. Hasan shall no longer receive electronic notice in this case. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
311
ORDER - that Plaintiff's motion to supplement the opinions of its expert, Rachel Harris, (Filing No. 219 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
256
MEMORANDUM AND ORDER that TBG's motion to compel production of unredacted copies of the Kutak Rock invoices, (Filing No. 178 ), is granted, and the unredacted invoices shall be produced on or before May 10, 2019. Plaintiff's motion to compel directed to TBG, (Filing No. 181 ), is denied. As to Plaintiff's motion to compel directed to AMPs and CDS, (Filing No. 184 ), these defendants are ordered to: a. Promptly confirm that as limited by the parties' agreement regardi ng the breadth of the requests, all documents responsive to Requests 10, 26, and 30 have been produced to the plaintiff, and b. On or before May 10, 2019, AMPs and CDS shall provide a statement under oath affirming that all such requested documents have been produced. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
175
ORDER - that the deadline for filing motions to compel is extended to March 15, 2019. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
151
ORDER granting in part and denying in part 133 Motion to Continue.--The trial of this case remains set to commence before Laurie Smith Camp, Senior United States District Judge, in Courtroom 2, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, Nebraska, at 9:00 a.m. on August 13, 2019. --The Pretrial Conference is scheduled to be held before the undersigned magistrate judge on July 30, 2019 at 11:00 a.m., and will be conducted by internet/telephonic confere ncing. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. --A telephonic conference to discuss the status of case progression and the parties interest in settlement remains scheduled to be held with the undersigned magistrate judge on April 5, 2019 at 10:00 a.m. by telephone. Counsel shall use the conferencing instructions assigned to this case to participate in the conference. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
111
ORDER - The deadlines for complete expert disclosures for all experts expected to testify at trial, (both retained experts, (Fed. R. Civ. P. 26(a)(2)(B)), and non-retained experts, (Fed. R. Civ. P. 26(a)(2)(C)), are: For the plaintiff(s): December 31, 2018. For the defendant(s): March 1, 2019. Rebuttal experts April 1, 2019 A telephonic conference with the undersigned magistrate judge will be held on April 5, 2019 at 10:00 a.m. to discuss the status of case progression. Counsel shall use the conferencing instructions assigned to this case, (see Filing No. 75 ), to participate in the call. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)
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Filing
104
ORDER - that as to the third-party subpoena Defendant The Benefit Group, Inc. (TBG) intends to serve on Holmes Murphy and Associates: As to documents created or received before Beau Reid, Division Leader for Holmes Murphy, was retained as a consultin g expert (in December 2017, specific date to be provided by Plaintiffs), Holmes Murphy shall produce all documents requested in the subpoena. As to documents created or received after the date Beau Reid was retained as a consulting expert, Holmes Mur phy shall produce all documents requested in the subpoena except as follows: a. Documents reflecting expert consultation discussions or opinions arising from communications between Plaintiffs' counsel and Beau Reid need not be produced nor itemi zed on a privilege log. b. Documents reflecting expert consultation discussions or opinions arising from communications between Plaintiffs or their representatives and Beau Reid, and initiated or performed at the direction of Plaintiffs' counsel , need not be produced in response to the subpoena, but such documents must be identified on a privilege log, and that privilege log shall be accompanied by an affidavit or declaration under oath explaining why Plaintiffs contend such documents are w ork product and not subject to discovery. The underlying business or other documents (excluding documents or document summaries authored by Plaintiffs' counsel) in Holmes Murphy's possession and reviewed and interpreted by Beau Reid to formulate and provide consulting opinions or explanations are not protected from disclosure under this order. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
95
STIPULATED PROTECTIVE ORDER granting 94 Joint Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (KLF)
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Filing
70
ORDER granting 69 Motion to Withdraw as Attorney. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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Filing
59
ORDER - The Findings and Recommendation, ECF No. 58 , are adopted in their entirety. Plaintiffs' Motion to Amend, ECF No. 43 , is granted in part and denied in part. On or before May 7, 2018, Plaintiff Central Valley Ag Cooperative is permitte d for file its proposed Third Amended Complaint, provided it first amends the proposed complaint as follows: a. To identify Central Valley Ag Cooperative as the sole plaintiff. b. To remove: i. All claims against all Defendants asserting a claim for relief under RICO (Claim 11); ii. All ERISA claims against Linus G. Humpal in his personal capacity (Claim 4); iii. The ERISA claim against the Defendants Daniel K. Leonard and Susan Leonard for falsely stating the 2016 Plan was ACA-compliant (Claim 5, 165); and iv. The stand-alone claims for attorney fees and injunctive relief (Claims 10 and 12). Defendants' Motions to Dismiss, ECF Nos. 36 , 38 , and 40 , are denied as moot, without prejudice to reassertion. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing
33
MEMORANDUM AND ORDER - Plaintiffs' Motion for Temporary Restraining Order and for an Order to Show Cause Why a Preliminary Injunction Should Not Be Granted, ECF No. 3 , is denied. Plaintiffs' Motion for Hearing Regarding Temporary Restraining Order, ECF No. 26 , is denied. Ordered by Chief Judge Laurie Smith Camp. (KLF)
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Filing
9
ORDER OF RECUSAL - REQUEST FOR REASSIGNMENT. This matter is before the court on the court's own motion pursuant to 28 U.S.C. § 455(a), which states: "Any... judge... of the United States shall disqualify himself in any proceeding in wh ich his impartiality might reasonably be questioned." Upon review of the parties and the record in the above-designated case, the undersigned judge shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). Ordered by Judge Robert F. Rossiter, Jr. (JSF)
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