R. B. v. United Behavioral Health
R. B. |
United Behavioral Health |
1:2021cv00553 |
May 12, 2021 |
US District Court for the Northern District of New York |
Christian F Hummel |
David N Hurd |
Insurance |
28 U.S.C. § 1132 E.R.I.S.A. |
Plaintiff |
Docket Report
This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 97 ORDER granting #70 Motion to Certify Class. Plaintiff's claim is certified as a class action on behalf of a class defined as: All persons covered under ERISA-governed health care plans, administered or insured by United Behavioral Health, whose requests for coverage for mental health and substance abuse treatment services received at a licensed residential treatment center were denied in total based on its determination that a component of such services is considered experimental, investigational, or unproven. Named plaintiff RB is appointed a class representative and Jordan Lewis, P.A. and Milberg Coleman Bryson Phillips Grossman, PLLC, are appointed as co-class counsel. IT IS SO ORDERED.Signed by Judge David N. Hurd on 9/14/2023. (egr) |
Filing 96 ***SEALED EXHIBITS TO the Dkt. No. #86 Response to the #70 Motion to Certify Class - Main Document - Sealed Exhibit 41. T by United Behavioral Health. Sealed pursuant to the Dkt. No. 91 Text Order of the U.S. District Court Judge David N. Hurd dated 05/23/2023. (Attachments: #1 Sealed Exhibit 42, #2 Sealed Exhibit 43, #3 Sealed Exhibit 48, #4 Sealed Exhibit 49) (hmr) |
Filing 95 ***SEALED EXHIBITS to the Dkt. No. #86 Response to the #70 Motion to Certify Class - Main Document Sealed Exhibit 36 by United Behavioral Health. Sealed pursuant to the Dkt. No. 91 Text Order of the U.S. District Court Judge David N. Hurd dated 5/23/2023. (Attachments: #1 Sealed Exhibit 37, #2 Sealed Exhibit 38, #3 Sealed Exhibit 39, #4 Sealed Exhibit 40) (hmr) |
Filing 94 ***SEALED EXHIBITS to the Dkt. No. #86 Response to the #70 Motion to Certify Class - Main document is Sealed Exhibit 26/font> by United Behavioral Health. Sealed pursuant to the Dkt. No. 91 Text Order of the U.S. District Court Judge David N. Hurd dated 5/23/2023. (Attachments: #1 Sealed Exhibit 27, #2 Sealed Exhibit 28, #3 Sealed Exhibit 29, #4 Sealed Exhibit 30, #5 Sealed Exhibit 31, #6 Sealed Exhibit 32, #7 Sealed Exhibit 33, #8 Sealed Exhibit 34, #9 Sealed Exhibit 35) (hmr) |
Filing 93 ***SEALED EXHIBITS to the Dkt. No. #86 Response to the #70 Motion to Certify Class - Main Document is Sealed Exhibit 1 by United Behavioral Health. Sealed pursuant to the Dkt. No. 91 Text Order of the U.S. District Court Judge David N. Hurd dated 05/23/2023. (Attachments: #1 Sealed Exhibit 4, #2 Sealed Exhibit 5, #3 Sealed Exhibit 6, #4 Sealed Exhibit 7, #5 Sealed Exhibit 8, #6 Sealed Exhibit 9, #7 Sealed Exhibit 10, #8 Sealed Exhibit 11, #9 Sealed Exhibit 12, #10 Sealed Exhibit 13, #11 Sealed Exhibit 14, #12 Sealed Exhibit 15, #13 Sealed Exhibit 16, #14 Sealed Exhibit 19, #15 Sealed Exhibit 21, #16 Sealed Exhibit 22, #17 Sealed Exhibit 23, #18 Sealed Exhibit 24, #19 Sealed Exhibit 25) (hmr) |
Filing 92 ***SEALED EXHIBITS to the Dkt. No. #70 Motion to Certify Class - filed at Dkt. Nos. #70 , #71 , #72 , #73 and #74 - Main Document is Sealed Exhibit 5 by R. B. Sealed pursuant to the Dkt. No. 91 Text Order of the U.S. District Court Judge, David N. Hurd dated 05/23/2023. (Attachments: #1 Sealed Exhibit 6, #2 Sealed Exhibit 7, #3 Sealed Exhibit 8, #4 Sealed Exhibit 9, #5 Sealed Exhibit 10, #6 Sealed Exhibit 11, #7 Sealed Exhibit 12, #8 Sealed Exhibit 13, #9 Sealed Exhibit 14, #10 Sealed Exhibit 15, #11 Sealed Exhibit 16, #12 Sealed Exhibit 17, #13 Sealed Exhibit 18, #14 Sealed Exhibit 19, #15 Sealed Exhibit 20, #16 Sealed Exhibit 22, #17 Sealed Exhibit 23, #18 Sealed Exhibit 24, #19 Sealed Exhibit 25, #20 Sealed Exhibit 26, #21 Sealed Exhibit 27, #22 Sealed Exhibit 28, #23 Sealed Exhibit 29, #24 Sealed Exhibit 30, #25 Sealed Exhibit 32, #26 Sealed Exhibit 33, #27 Sealed Exhibit 34, #28 Sealed Exhibit 35, #29 Sealed Exhibit 36, #30 Sealed Exhibit 37, #31 Sealed Exhibit 38, #32 Sealed Exhibit 39, #33 Sealed Exhibit 40, #34 Sealed Exhibit 44) (hmr) |
Filing 91 TEXT ORDER: Plaintiff has moved for class certification. Dkt. No. #70 . Both parties have sought leave to file certain documents under seal in connection with that motion practice, Dkt. Nos. #75 , #87 , and have filed unredacted version of those documents in the traditional manner with the Clerks Office, Dkt. Nos. #78 , #89 . Upon review of the parties' briefing in light of the governing law, the requests to seal (#75 , #87 ) are GRANTED. The Clerk of the Court is directed to FILE UNDER SEAL the unredacted versions of those documents in matching ECF entries. So Ordered by Judge David N. Hurd on 05/23/2023. (hmr) |
Filing 90 REPLY to Response to Motion re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd filed by R. B.. (Attachments: #1 Declaration)(Lewis, Jordan) |
Filing 89 USB Drive: Utica Clerk's Office received a USB drive containing digital media - unredacted/sealed exhibits and other documents attached to #87 motion. (see) |
Filing 88 Letter Motion from Geoffrey M. Sigler for United Behavioral Health requesting Oral Argument of Plaintiffs Motion for Class Certification [Filing No. 70]. submitted to Judge Hon. David N. Hurd . (Sigler, Geoffrey) |
Filing 87 MOTION / Defendant's Unopposed Motion to File under Seal Documents in Support of Defendant's Opposition to Plaintiff's Motion for Class Certification re #86 Response in Opposition to Motion,,,,,,,,,,, filed by United Behavioral Health. Response to Motion due by 4/24/2023 (Attachments: #1 Proposed Order/Judgment re Unopposed Motion to File Under Seal) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 86 RESPONSE in Opposition re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd / DECLARATION OF CLARE STEINBERG IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by United Behavioral Health. (Attachments: #1 Exhibit(s) 1 - R.B. Deposition Transcript (excerpts) - Redacted, #2 Exhibit(s) 2 - R.B. 2-spd - Excerpt, #3 Exhibit(s) 3 - R.B. 3 - Redacted, #4 Exhibit(s) 4 - Sealed Ex. No. 4, #5 Exhibit(s) 5 - R.B. 9 - appeal (excerpt) - Redacted, #6 Exhibit(s) 6 - R.B -13, #7 Exhibit(s) 7 - R.B. 15 - Redacted, #8 Exhibit(s) 8 - T.B. Deposition transcript (Excerpt) - Redacted, #9 Exhibit(s) 9 - T.B. 14 - Redacted, #10 Exhibit(s) 10 - Sealed Ex. No. 10, #11 Exhibit(s) 11 - Sealed Ex. No. 11, #12 Exhibit(s) 12 - Kher M.D. Neeta 11.15 (excerpt) - Redacted, #13 Exhibit(s) 13 - Sealed Ex. No. 13, #14 Exhibit(s) 14 - Sealed Ex. No. 14, #15 Exhibit(s) 15 - Sealed Ex. No. 15, #16 Exhibit(s) 16 - Sealed Ex. No. 16, #17 Exhibit(s) 17 - 5 Parent Handbook - April 2020 - 2.1, #18 Exhibit(s) 18 - UBH-R.B.-00000996, #19 Exhibit(s) 19 - Sealed Ex. No. 19, #20 Exhibit(s) 20 - 2022.09.07 UBH Production Letter, #21 Exhibit(s) 21 - Patient 17 - Combined Case File, #22 Exhibit(s) 22 - Patient 32 - Combined Case File, #23 Exhibit(s) 23 - Patient 33 - Combined Case File, #24 Exhibit(s) 24 - Patient 41 - Combined Case File, #25 Exhibit(s) 25 - Patient 74 - Combined Case File, #26 Exhibit(s) 26 - Patient 117 - Combined Case File, #27 Exhibit(s) 27 - Patient 120 - Combined Case File, #28 Exhibit(s) 28 - Patient 123 - Combined Case File, #29 Exhibit(s) 29 - Patient 126 - Combined Case File, #30 Exhibit(s) 30 - Patient 174 - Combined Case File, #31 Exhibit(s) 31 - Patient 185 - Combined Case File, #32 Exhibit(s) 32 - Patient 190 - Combined Case File, #33 Exhibit(s) 33 - Patient 196 - Combined Case File, #34 Exhibit(s) 34 - Patient 256 - Combined Case File, #35 Exhibit(s) 35 - Patient 324 - Combined Case File, #36 Exhibit(s) 36 - Patient 368 - Combined Case File, #37 Exhibit(s) 37 - Patient 391 - Combined Case File, #38 Exhibit(s) 38 - Patient 596 - Combined Case File, #39 Exhibit(s) 39 - Patient 658 - Combined Case File, #40 Exhibit(s) 40 - Patient 716 - Combined Case File, #41 Exhibit(s) 41 - R.B. v. United - R.B. deposition - Redacted, #42 Exhibit(s) 42 - R.B. v. United Behavioral (2) - Redacted, #43 Exhibit(s) 43 - Expert Report - Redacted, #44 Exhibit(s) 44 - UBH-R.B. - 00005977, #45 Exhibit(s) 45 - Patient 120 - UBH-R.B. - 00004758, #46 Exhibit(s) 46 - PROGRAM DETAILS - Arivaca Boys Ranch, #47 Exhibit(s) 47 - Arivaca Boys Ranch - Home - Facebook, #48 Exhibit(s) 48 - T.B.-3 - redacted, #49 Exhibit(s) 49 - T.B.-4 - redacted)(Steinberg, Clare) |
Filing 85 RESPONSE in Opposition re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd / DEFENDANTS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by United Behavioral Health. (Sigler, Geoffrey) |
Filing 84 ORDER granting #83 Letter Request from defendant requesting leave to file an oversized brief. So Ordered. (rjm) |
Filing 83 Letter Motion from Geoffrey M. Sigler for United Behavioral Health requesting leave to file an additional five pages for Defendant's memorandum of law in opposition to Plaintiff's motion for class certification submitted to Judge David N. Hurd . (Sigler, Geoffrey) |
Filing 82 TEXT ORDER granting #81 Unopposed Letter Motion from Plaintiff for R. B. requesting Extension in motion briefing schedule , #70 MOTION to Certify Class : Response to Motion now due by 4/3/2023. Reply to Response to Motion due by 5/3/2023. Authorized by Magistrate Judge Christian F. Hummel on 2/7/2023. (tab) |
Filing 81 Unopposed Letter Motion from Plaintiff for R. B. requesting Extension submitted to Judge Hummel . (Lewis, Jordan) |
Filing 80 ORDER granting #77 Letter Motion/Request to Confirm briefing schedule as to #70 MOTION to Certify Class filed by R. B. : Defendants' Response to Motion due by 3/10/2023. Plaintiff's Reply to Response to Motion due by 4/10/2023. Signed by Magistrate Judge Christian F. Hummel on 1/26/2023. (tab) |
Filing 79 RESPONSE to Motion re #75 MOTION Plaintiff's Application to File Certain Documents Under Seal in Connection with Plaintiff's Motion for Class Certification re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd / DEFENDANT'S RESPONSE TO PLAINTIFF'S APPLICATION TO FILE CERTAIN DOCUMENTS UNDER SEAL IN CONNECTION WITH PLAINTIFF'S MOTION FOR CLASS CERTIFICATION filed by United Behavioral Health. (Sigler, Geoffrey) |
Filing 78 USB Drive: Syracuse Clerk's Office received a USB drive containing digital media - Sealed Exhibits to the #75 Motion. Not available for public viewing. (ztc) |
Filing 77 Joint MOTION TO CONFIRM BRIEFING SCHEDULE REGARDING PLAINTIFFS MOTION FOR CLASS CERTIFICATION re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd filed by United Behavioral Health. Response to Motion due by 2/8/2023 (Attachments: #1 Proposed Order/Judgment to Confirm Plaintiff's Motion for Class Certification) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 76 STIPULATION Joint Stipulation to Proceed Using Initials and Proposed Order by R. B. submitted to Judge Hon. David N. Hurd. (Lewis, Jordan) |
Filing 75 MOTION Plaintiff's Application to File Certain Documents Under Seal in Connection with Plaintiff's Motion for Class Certification re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd filed by R. B.. Response to Motion due by 1/30/2023 (Attachments: #1 EXHIBIT 5 - REDACTED - Table of Coverage Scope and Rationale, #2 EXHIBIT 6 - UNDER SEAL PLACEHOLDER - Patient 17 Combined, #3 EXHIBIT 7 - UNDER SEAL PLACEHOLDER - Patient 33 Combined, #4 EXHIBIT 8 - UNDER SEAL PLACEHOLDER - Patient 41 Combined, #5 EXHIBIT 9 - UNDER SEAL PLACEHOLDER - Patient 74 Combined, #6 EXHIBIT 10 - UNDER SEAL PLACEHOLDER - Patient 120 Combined, #7 EXHIBIT 11 - UNDER SEAL PLACEHOLDER - Patient 123 Combined, #8 EXHIBIT 12 - UNDER SEAL PLACEHOLDER - Patient 174 Combined, #9 EXHIBIT 13 - UNDER SEAL PLACEHOLDER - Patient 185 Combined, #10 EXHIBIT 14 - UNDER SEAL PLACEHOLDER - Patient 190 Combined, #11 EXHIBIT 15 - UNDER SEAL PLACEHOLDER - Patient 196 Combined, #12 EXHIBIT 16 - UNDER SEAL PLACEHOLDER - Patient 256 Combined, #13 EXHIBIT 17 - UNDER SEAL PLACEHOLDER - Patient 324 Combined, #14 EXHIBIT 18 - UNDER SEAL PLACEHOLDER - Patient 391 Combined, #15 EXHIBIT 19 - UNDER SEAL PLACEHOLDER - Patient 596 Combined, #16 EXHIBIT 20 - REDACTED -Table 2, UBH Policy Documents, #17 EXHIBIT 22 - UNDER SEAL PLACEHOLDER - Table, Optum Level of Care Guidelines, #18 ) EXHIBIT 23 - UNDER SEAL PLACEHOLDER - Table, United Healthcare, #19 EXHIBIT 24 - UNDER SEAL PLACEHOLDER - 5977-5990, #20 EXHIBIT 25 - UNDER SEAL PLACEHOLDER - 7439-7442, #21 EXHIBIT 26 - UNDER SEAL PLACEHOLDER - 7443-7447, #22 EXHIBIT 27 - UNDER SEAL PLACEHOLDER - 7448-7452, #23 EXHIBIT 28 - UNDER SEAL PLACEHOLDER - 7453-7456, #24 EXHIBIT 29 - UNDER SEAL PLACEHOLDER - 7457-7460, #25 EXHIBIT 30 - UNDER SEAL PLACEHOLDER - 7462-7466, #26 EXHIBIT 32 - UNDER SEAL PLACEHOLDER - 7472-7476, #27 EXHIBIT 33 - UNDER SEAL PLACEHOLDER - 7477-7841, #28 EXHIBIT 34 - UNDER SEAL PLACEHOLDER - 7482-7485, #29 EXHIBIT 35 - UNDER SEAL PLACEHOLDER - 7486-7489, #30 EXHIBIT 36 - UNDER SEAL PLACEHOLDER - 7490-7493, #31 EXHIBIT 37 - UNDER SEAL PLACEHOLDER - 7494-7497, #32 EXHIBIT 38 - UNDER SEAL PLACEHOLDER - 7498-7502, #33 EXHIBIT 39 - UNDER SEAL PLACEHOLDER - 7503-7506, #34 EXHIBIT 40 - UNDER SEAL PLACEHOLDER - 7507-7511, #35 EXHIBIT 44 - UNDER SEAL PLACEHOLDER - 30b6 Transcript, #36 [Proposed] Order re Application to Seal) Motions referred to Christian F. Hummel. (Lewis, Jordan) |
Filing 74 AFFIDAVIT re #71 Affidavit,,, #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd Declaration of Jordan Lewis (Exhibits 32-44) - by R. B.. (Attachments: #1 EXHIBIT 33 - UNDER SEAL PLACEHOLDER - 7477-7841, #2 EXHIBIT 34 - UNDER SEAL PLACEHOLDER - 7482-7485, #3 EXHIBIT 35 - UNDER SEAL PLACEHOLDER - 7486-7489, #4 EXHIBIT 36 - UNDER SEAL PLACEHOLDER - 7490-7493, #5 EXHIBIT 37 - UNDER SEAL PLACEHOLDER - 7494-7497, #6 EXHIBIT 38 - UNDER SEAL PLACEHOLDER - 7498-7502, #7 EXHIBIT 39 - UNDER SEAL PLACEHOLDER - 7503-7506, #8 EXHIBIT 40 - UNDER SEAL PLACEHOLDER - 7507-7511, #9 EXHIBIT 41 - 051922 letter, #10 EXHIBIT 42 - 052622 letter, #11 EXHIBIT 43 - Defendants Response to RFA, #12 EXHIBIT 44 - UNDER SEAL PLACEHOLDER - 30b6 Transcript)(Lewis, Jordan) |
Filing 73 AFFIDAVIT re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd Declaration of Jordan Lewis (Exhibits 21-30) - EXHIBIT 20 - REDACTED -Table 2, UBH Policy Documents by R. B.. (Attachments: #1 EXHIBIT 22 - UNDER SEAL PLACEHOLDER - Table, Optum Level of Care Guidelines, #2 EXHIBIT 23 - UNDER SEAL PLACEHOLDER - Table, United Healthcare, #3 EXHIBIT 24 - UNDER SEAL PLACEHOLDER - 5977-5990, #4 EXHIBIT 25 - UNDER SEAL PLACEHOLDER - 7439-7442, #5 EXHIBIT 26 - UNDER SEAL PLACEHOLDER - 7443-7447, #6 EXHIBIT 27 - UNDER SEAL PLACEHOLDER - 7448-7452, #7 EXHIBIT 28 - UNDER SEAL PLACEHOLDER - 7453-7456, #8 EXHIBIT 29 - UNDER SEAL PLACEHOLDER - 7457-7460, #9 EXHIBIT 30 - UNDER SEAL PLACEHOLDER - 7462-7466)(Lewis, Jordan) |
Filing 72 AFFIDAVIT re #71 Affidavit,,, #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd Declaration of Jordan Lewis (Exhibits 11-20) - Exhibit 11 - EXHIBIT 11 - UNDER SEAL PLACEHOLDER - Patient 123 Combined by R. B.. (Attachments: #1 EXHIBIT 12 - UNDER SEAL PLACEHOLDER - Patient 174 Combined, #2 EXHIBIT 13 - UNDER SEAL PLACEHOLDER - Patient 185 Combined, #3 EXHIBIT 14 - UNDER SEAL PLACEHOLDER - Patient 190 Combined, #4 EXHIBIT 15 - UNDER SEAL PLACEHOLDER - Patient 196 Combined, #5 EXHIBIT 16 - UNDER SEAL PLACEHOLDER - Patient 256 Combined, #6 EXHIBIT 17 - UNDER SEAL PLACEHOLDER - Patient 324 Combined, #7 EXHIBIT 18 - UNDER SEAL PLACEHOLDER - Patient 391 Combined, #8 EXHIBIT 19 - UNDER SEAL PLACEHOLDER - Patient 596 Combined, #9 EXHIBIT 20 - REDACTED -Table 2, UBH Policy Documents)(Lewis, Jordan) |
Filing 71 AFFIDAVIT re #70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd Declaration of Jordan Lewis by R. B.. (Attachments: #1 EXHIBIT 1 - REDACTED - June 10 Rejection Letter, #2 EXHIBIT 2 - Excerpts of GE Handbook, #3 EXHIBIT 3 - REDACTED - 12-10 Rejection Letter, #4 EXHIBIT 4 - REDACTED - R B Transcript, #5 EXHIBIT 5 - REDACTED - Table of Coverage Scope and Rationale, #6 EXHIBIT 6 - UNDER SEAL PLACEHOLDER - Patient 17 Combined, #7 EXHIBIT 7 - UNDER SEAL PLACEHOLDER - Patient 33 Combined, #8 EXHIBIT 8 - UNDER SEAL PLACEHOLDER - Patient 41 Combined, #9 EXHIBIT 9 - UNDER SEAL PLACEHOLDER - Patient 74 Combined, #10 EXHIBIT 10 - UNDER SEAL PLACEHOLDER - Patient 120 Combined)(Lewis, Jordan) |
Filing 70 MOTION to Certify Class filed by R. B.. Motion returnable before Judge Hon. David N. Hurd Response to Motion due by 1/30/2023. Reply to Response to Motion due by 2/6/2023 (Attachments: #1 Memorandum of Law Plaintiff's Memorandum of Law in Support of Motion for Class Certification, #2 Declaration Declaration of Arthur Stock, #3 Declaration [Redacted] Declaration of Plaintiff R.B. in Support of Motion for Class Certification) (Lewis, Jordan) |
Filing 69 JOINT STIPULATION AND ORDER regarding data productions. Signed by Magistrate Judge Christian F. Hummel on 12/12/2022. (tab) |
Filing 68 STIPULATION / Joint Stipulation regarding data productions by United Behavioral Health. (Sigler, Geoffrey) |
Filing 67 ORDER granting #66 Motion for Extension of Time to Complete Discovery : Deadlines are extended as set forth in this now approved, proposed Order. Signed by Magistrate Judge Christian F. Hummel on 10/17/2022. (tab) |
Filing 66 Consent MOTION for Extension of Time to Complete Discovery / DEFENDANTS UNOPPOSED MOTION TO EXTEND CASE MANAGEMENT DEADLINES AND [PROPOSED] ORDER EXTENDING CASE MANAGEMENT DEADLINES filed by United Behavioral Health. Response to Motion due by 11/4/2022 (Attachments: #1 Proposed Order/Judgment Extending Case Management Deadlines) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 65 TEXT ORDER Removing Case from ADR Program: For good cause shown, this matter is OPTED OUT of the Mandatory Mediation Program. All other scheduling dates issued by the Court [Dkt. 63] continue to apply. [Motions terminated: #64 Joint MOTION to Opt Out of the Mandatory Mediation Program filed by United Behavioral Health. filed by United Behavioral Health]. Authorized by Magistrate Judge Christian F. Hummel on 8/31/2022. (tab) |
Filing 64 Joint MOTION to Opt Out of the Mandatory Mediation Program filed by United Behavioral Health. Response to Motion due by 9/14/2022 (Attachments: #1 [Proposed] Order Removing Case from Mandatory Mediation Program) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 63 ORDER granting #62 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Christian F. Hummel on 7/29/2022. (tab) |
Set Deadlines/Hearings: Discovery due by 10/24/2022. Class Certification Motion due by 12/2/2022. (tab) |
Filing 62 Consent MOTION for Extension of Time to Complete Discovery /DEFENDANTS UNOPPOSED MOTION TO EXTEND CASE MANAGEMENT DEADLINES AND [PROPOSED] ORDER EXTENDING CASE MANAGEMENT DEADLINES filed by United Behavioral Health. Response to Motion due by 8/18/2022 (Attachments: #1 Proposed Order/Judgment Extending Case Management Deadlines) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 61 ORDER granting #60 Motion for Extension of Time to Complete Discovery [Order issued]. Signed by Magistrate Judge Christian F. Hummel on 6/14/2022. (tab) |
Set Deadlines/Hearings: All Fact Discovery due by 8/24/2022. Class Certification Motion due by 10/3/2022. Class Action Discovery completed by 1/2/2023. (tab) |
Filing 60 Consent MOTION for Extension of Time to Complete Discovery / DEFENDANT'S UNOPPOSED MOTION TO EXTEND CASE MANAGEMENT DEADLINES AND [PROPOSED] ORDER EXTENDING CASE MANAGEMENT DEADLINES filed by United Behavioral Health. Response to Motion due by 7/1/2022 (Attachments: #1 [Proposed] Order Extending Case Management Deadlines) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 59 TEXT ORDER granting #58 Motion for Extension of Time to Complete Discovery: 1. All fact discovery shall be completed on or before July 13, 2022. 2. Plaintiffs motion for class certification (along with supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2), shall be filed on or before August 22, 2022. 3. Defendant shall depose Plaintiffs class certification expert and file its response to Plaintiffs motion for class certification (along with all supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2), on or before October 24, 2022. 4. Plaintiffs shall depose Defendants class certification expert and file any reply in support of his motion for class certification on or before November 21, 2022. Authorized by Magistrate Judge Christian F. Hummel on 4/28/2022. (tab) |
Filing 58 Consent MOTION for Extension of Time to Complete Discovery / DEFENDANT'S UNOPPOSED MOTION TO EXTEND CASE MANAGEMENT DEADLINES AND [PROPOSED] ORDER EXTENDING CASE MANAGEMENT DEADLINES filed by United Behavioral Health. Response to Motion due by 5/16/2022 (Attachments: #1 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Sigler, Geoffrey) |
Filing 57 STATUS REPORT / Joint Status Report by United Behavioral Health. (Sigler, Geoffrey) |
Filing 56 TEXT ORDER setting briefing schedule for class certification, as set during the 12/1/2021 Initial Conference and as proposed by parties: Class certification briefing to occur immediately after the close of fact discovery (June 1, 2022): Plaintiffs motion for class certification (along with all supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2), on or before July 11, 2022; Defendant shall depose Plaintiffs class certification expert and file its response to Plaintiffs motion for class certification (along with all supporting evidence and expert reports, which shall satisfy the requirements of Federal Rule 26(a)(2) on or before September 12, 2022; Plaintiff shall depose Defendants class certification expert and file any reply in support of its motion for class certification on or before or October 10, 2022. Authorized by Magistrate Judge Christian F. Hummel on 12/20/2021. (tab) |
Filing 55 UNIFORM PRETRIAL SCHEDULING ORDER: Anticipated length of trial: to be determined. Preferred Trial Location: Albany, NY. Joinder of Parties due by 1/7/2022. Amended Pleadings due by 2/7/2022. Discovery due by 6/1/2022. Class Certification Motion due by 7/11/2022. Deadline for completion of Mandatory Mediation is 9/22/2022. Status Report due by 3/18/2022. (The Dispositive Motion filing deadline, to be determined; Length of trial, to be determined after Class Certification is decided). Signed by Magistrate Judge Christian F. Hummel on 12/7/2021. (tab) |
Filing 54 ORDER REFERRING CASE to Mandatory Mediation. Deadline for Mediator Selection is 9/1/2022. Deadline for completion of Mandatory Mediation is 9/22/2022. Signed by Magistrate Judge Christian F. Hummel on 12/7/2021. (tab) |
Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Initial Pretrial Conference held on 12/1/2021. Appearances by Jordan Matthew Lewis, Esq. and Ryan P. McMillan, Esq. for plaintiff; Geoffrey Sigler, Esq. Clare Steinberg, Esq. and James Alexander Tsouvalas, Esq. for Defendants. Pretrial deadlines are established and a Uniform Pretrial Scheduling Order will be issued. Parties request and are granted an extended amount of time in which to select a mediator. The mediation referral order will be issued, and will reflect the extended selection deadline. (tab) |
Filing 53 NOTICE of Appearance by Geoffrey Manson Sigler on behalf of United Behavioral Health (Sigler, Geoffrey) |
Filing 52 CIVIL CASE MANAGEMENT PLAN - Joint Civil Case Management Plan by United Behavioral Health. (Steinberg, Clare) |
Filing 51 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Christian F. Hummel on 11/18/2021. (tab) |
Filing 50 STIPULATION / Stipulated Protective Order by United Behavioral Health submitted to Judge Christian F. Hummel. (Steinberg, Clare) |
Filing 49 TEXT ORDER denying #14 Motion for Limited Admission Pro Hac Vice of Erin K. Dickinson, Esq. with leave to renew upon the filing of the requested required documents . Authorized by Magistrate Judge Christian F. Hummel on 11/10/2021. (tab) |
Filing 48 TEXT ORDER denying #13 Motion for Limited Admission Pro Hac Vice of Charles J. Crueger, Esq. with leave to renew upon the filing of the requested required documents . Authorized by Magistrate Judge Christian F. Hummel on 11/10/2021. (tab) |
Filing 47 COURT NOTICE of Conference: The Initial Conference has been set for Wednesday, 12/1/2021 @ 11:00 AM in Albany before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 11/24/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone and counsel are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab) |
Filing 46 ANSWER to #1 Complaint by United Behavioral Health.(Steinberg, Clare) |
Filing 45 STIPULATION AND ORDER terminating the #30 MOTION to Dismiss as moot.; Answer deadline set for United Behavioral Health, answer due 9/27/2021. Signed by District Judge David N. Hurd on 8/27/2021. (map) |
Filing 44 STIPULATION re #30 MOTION to Dismiss / Motion to Dismiss Plaintiff's Complaint in Part filed by United Behavioral Health. Motion returnable before Judge David N. Herd by United Behavioral Health. (Tsouvalas, James) |
Filing 43 RESPONSE in Opposition re #30 MOTION to Dismiss / Motion to Dismiss Plaintiff's Complaint in Part filed by United Behavioral Health. Motion returnable before Judge David N. Herd filed by R. B.. (Lewis, Jordan) |
Filing 42 TEXT ORDER granting the #41 Stipulation extending the briefing deadlines to the #30 MOTION to Dismiss: Response to Motion is now due by 8/23/2021. Reply to Response to Motion is now due by 9/7/2021. So Ordered by Judge David N. Hurd on 7/27/2021. (see) |
Filing 41 STIPULATION re #30 MOTION to Dismiss / Motion to Dismiss Plaintiff's Complaint in Part filed by United Behavioral Health. Motion returnable before Judge David N. Herd Extending Briefing Deadlines For Defendant's Motion to Dismiss Complaint in Part by United Behavioral Health. (Tsouvalas, James) |
Filing 40 NOTICE by United Behavioral Health / WITHDRAWAL OF APPEARANCE AS FILING COUNSEL (Dunst, Lee) |
Filing 39 NOTICE by United Behavioral Health of Appearance by Clare F. Steinberg on behalf of United Behavioral Health (Tsouvalas, James) |
Filing 38 NOTICE by United Behavioral Health of Appearance by Geoffrey M. Sigler on behalf of United Behavioral Health (Tsouvalas, James) |
Filing 37 NOTICE of Appearance by James Alexander Tsouvalas on behalf of United Behavioral Health (Tsouvalas, James) |
Filing 36 NOTICE of Appearance by Ryan P. McMillan on behalf of R. B. (McMillan, Ryan) |
Filing 35 NOTICE of Appearance by Arthur M. Stock on behalf of R. B. (Stock, Arthur) |
Filing 34 TEXT ORDER granting #27 Motion for Limited Admission Pro Hac Vice of James A. Tsouvalas, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 7/20/2021. (tab) |
Filing 33 TEXT ORDER granting #26 Motion for Limited Admission Pro Hac Vice of Geoffrey M. Sigler, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 7/20/2021. (tab) |
Filing 32 TEXT ORDER granting #25 Motion for Limited Admission Pro Hac Vice of Clare F. Steinberg, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 7/20/2021. (tab) |
Filing 31 TEXT NOTICE: The Rule 16 Initial Conference scheduled for August 9, 2021 at 9:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the dispositive motion. (tab) |
Filing 30 MOTION to Dismiss / Motion to Dismiss Plaintiff's Complaint in Part filed by United Behavioral Health. Motion returnable before Judge David N. Herd Response to Motion due by 8/9/2021. Reply to Response to Motion due by 8/16/2021 (Attachments: #1 Memorandum of Law in Support, #2 Certificate of Service) (Dunst, Lee) |
Filing 29 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by United Behavioral Health identifying Corporate Parent United Healthcare Services, Inc., Corporate Parent UnitedHealth Group Incorporated for United Behavioral Health.. (Dunst, Lee) |
Filing 28 NOTICE of Appearance by Lee G. Dunst on behalf of United Behavioral Health (Dunst, Lee) |
Filing 27 MOTION for Limited Admission Pro Hac Vice of James A. Tsouvalas Filing fee $100, receipt number ANYNDC-5583677. (Attachments: #1 Attorney Registration Form, #2 Declaration of Sponsor, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Order for Admission) Motions referred to Christian F. Hummel. (Dunst, Lee) |
Filing 26 MOTION for Limited Admission Pro Hac Vice of Geoffrey M. Sigler Filing fee $100, receipt number ANYNDC-5583674. (Attachments: #1 Attorney Registration Form, #2 Declaration of Sponsor, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Order for Admission) Motions referred to Christian F. Hummel. (Dunst, Lee) |
Filing 25 MOTION for Limited Admission Pro Hac Vice of Clare F. Steinberg Filing fee $100, receipt number ANYNDC-5583672. (Attachments: #1 Attorney Registration Form, #2 Declaration of Sponsor, #3 Petition for Admission, #4 Certificate of Good Standing, #5 Order for Admission) Motions referred to Christian F. Hummel. (Dunst, Lee) |
Filing 24 NOTICE of Appearance by Jordan Matthew Lewis on behalf of R. B. (Lewis, Jordan) |
Filing 23 TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of Lewis Matthew Jordan, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 6/14/2021. (tab) |
Filing 22 Supplemental Admission documents re: #12 Motion for Limited Admission Pro Hac Vice,. (Kassan, Randi) |
Filing 21 TEXT ORDER granting #15 Motion for Limited Admission Pro Hac Vice of Arthur M. Stock, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 6/1/2021. (tab) |
Filing 20 TEXT ORDER granting #16 Motion for Limited Admission Pro Hac Vice of Ryan P. McMillan, Esq. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Authorized by Magistrate Judge Christian F. Hummel on 5/28/2021. (tab) |
Notice of Filing Deficiency re: #12 Motion for Limited Admission Pro Hac Vice of Jordan Matthew Lewis. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing that has been issued by a Court; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (pjh, ) |
Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of Charles J. Crueger. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing issued within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (pjh, ) |
Notice of Filing Deficiency re: #14 Motion for Limited Admission Pro Hac Vice of Erin K. Dickinson. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: Certificate of Good Standing issued within the last 6 months; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (pjh, ) |
Filing 19 NOTICE by R. B. Withdrawal of Appearance as Counsel-Edward A. Wallace, Esq. (Kassan, Randi) |
Filing 18 NOTICE by R. B. Withdrawal of Appearance as Counsel-Mark J. Tamblyn, Esq. (Kassan, Randi) |
Filing 17 NOTICE by R. B. Withdrawal of Appearance as Counsel-Greg Coleman, Esq. (Kassan, Randi) |
Filing 16 MOTION for Limited Admission Pro Hac Vice of Ryan P. McMillan Filing fee $100, receipt number ANYNDC-5537794. (Attachments: #1 Petition for Admission, #2 Attorney E-Filing Registration Form, #3 Declaration of Sponsor, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Kassan, Randi) |
Filing 15 MOTION for Limited Admission Pro Hac Vice of Arthur M. Stock Filing fee $100, receipt number ANYNDC-5537753. (Attachments: #1 Petition for Admission, #2 Attorney E-Filing Registration Form, #3 Declaration of Sponsor, #4 Certificate of Good Standing, #5 Proposed Order/Judgment) Motions referred to Christian F. Hummel. (Kassan, Randi) |
Filing 14 MOTION for Limited Admission Pro Hac Vice of Erin K. Dickinson Filing fee $100, receipt number ANYNDC-5537676. (Attachments: #1 Petition for Admission, #2 Attorney E-Filing Registration Form, #3 Declaration of Sponsor, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Kassan, Randi) |
Filing 13 MOTION for Limited Admission Pro Hac Vice of Charles J. Crueger Filing fee $100, receipt number ANYNDC-5537404. (Attachments: #1 Petition for Admission, #2 Attorney E-Filing Registration Form, #3 Declaration of Sponsor, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Kassan, Randi) |
Filing 12 MOTION for Limited Admission Pro Hac Vice of Jordan Matthew Lewis Filing fee $100, receipt number ANYNDC-5537394. (Attachments: #1 Petition for Admission, #2 E-Filing Registration Form, #3 Declaration of Sponsor, #4 Certificate of Good Standing) Motions referred to Christian F. Hummel. (Kassan, Randi) |
Filing 11 WAIVER OF SERVICE Returned Executed by R. B.. United Behavioral Health waiver sent on 5/20/2021, answer due 7/19/2021. (Kassan, Randi) |
Filing 10 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Erin K. Dickinson, Crueger Dickinson LLC, 4532 N. Oakland Avenue, Whitefish Bay, WI 53211, Email address is ekd@cruegerdickinson.com. Phone number is 414-210-3900. Admissions due by 5/27/2021. (khr) |
Filing 9 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Charles J. Crueger, Crueger Dickinson LLC, 4532 N. Oakland Avenue, Whitefish Bay, WI 53211, Email address is cjc@cruegerdickinson.com. Phone number is 414-210-3900. Admissions due by 5/27/2021. (khr) |
Filing 8 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Mark J. Tamblyn, Wexler Wallace LLP, 55 West Monroe Street, Suite 3300, Chicago, IL 60603, Email address is mjt@wexlerwallace.com. Phone number is 312-346-2222. Admissions due by 5/27/2021. (khr) |
Filing 7 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Edward A. Wallace, Wexler Wallace LLP, 55 West Monroe Street, Suite 3300, Chicago, IL 60603, Email address is eaw@wexlerwallace.com. Phone number is 312-346-2222. Admissions due by 5/27/2021. (khr) |
Filing 6 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Jordan Lewis, Jordan Lewis, P.A., 4473 N.E. 11th Avenue, Fort Lauderdale, FL 3334, Email address is jordan@jml-lawfirm.com. Phone number is 954-616-8995. Admissions due by 5/27/2021. (khr) |
Filing 5 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Arthur Stock, Milberg, Coleman, Bryson, Phillips, Grossman, LLC, 800 S. Gay Street, Suite 1100, Knoxville, TN 37929, Email address is astock@milberg.com. Phone number is 865-247-0080. Admissions due by 5/27/2021. (khr) |
Filing 4 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Greg Coleman, Milberg, Coleman, Bryson, Phillips, Grossman, LLC, 800 S. Gay Street, Suite 1100, Knoxville, TN 37929, Email address is gcoleman@milberg.com. Phone number is 865-247-0080. Admissions due by 5/27/2021. (khr) |
Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/9/2021 09:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) |
Filing 2 Summons Issued as to United Behavioral Health. (khr) |
Filing 1 COMPLAINT WITH JURY DEMAND against United Behavioral Health (Filing fee $402 receipt number ANYNDC-5522621) filed by R. B. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(khr) |
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