The Medical Society of the State of New York et al v. UnitedHealth Group Inc. et al
| The Medical Society of the State of New York, Society of New York Office Based Surgery Facilities and Podiatric OR of Midtown Manhattan, P.C. |
| UnitedHealth Group Inc., United HealthCare Services, Inc., United HealthCare Insurance Company, United HealthCare Service LLC, Optum Group, LLC and Optum, Inc. |
| 1:2016cv05265 |
| July 1, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| J. Paul Oetken |
| Other Statutory Actions |
| 29 U.S.C. ยง 1132 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
364
CLERK'S JUDGMENT re: 363 Findings of Fact & Conclusions of Law,. in favor of Optum Group, LLC, Optum, Inc., Oxford Health Plans LLC, United HealthCare Insurance Company, United HealthCare Service LLC, United HealthCare Services, Inc., Uni tedHealth Group Inc. against Columbia East Side Surgery, P.C., Society of New York Office Based Surgery Facilities, The Medical Society of the State of New York. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Court 's Findings of Fact and Conclusion of Law dated September 14, 2022, the Court finds in favor of Defendants in all counts; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 09/14/2022) (Attachments: # 1 Notice of Right to appeal) (nd)
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Filing
314
ORDER: The bench trial in this case is scheduled to begin on January 31, 2022. The parties have requested clarification of the Court's courtroom protocols during the pandemic (Dkt. No. 305) and also dispute whether two of Defendants' wi tnesses should be allowed to testify by videoconference (Dkt. Nos. 30613). The parties are directed to appear telephonically for a conference to address these issues on January 25, 2022, at 11 A.M. Counsel should call (888) 557-8511 at the sched uled time. The access code is 9300838. The Court informs the parties that updated courthouse protocols adopted last week impose additional restrictions, including: (1) before removing their mask, any witness or attorney must take (and test negativ e on) a rapid molecular test that morning (provided by the Court's District Executive's office), and (2) an airflow smoke test must be performed in the trial courtroom (scheduled for this Wednesday) and the courtroom must meet certain a irflow requirements before any de-masking will be permitted in the courtroom. In advance of the telephone conference, the parties are encouraged to give serious consideration to conducting the entirety of the trial remotely by Zoom. So Ordered. (Telephone Conference set for 1/25/2022 at 11:00 AM before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 1/24/2022) (js)
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Filing
289
OPINION AND ORDER: re: 250 MOTION for Class Decertification . filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, Inc., United HealthCare Insurance Company, United HealthCare S ervice LLC, UnitedHealth Group Inc., United HealthCare Services, Inc. For the foregoing reasons, Uniteds motion for class decertification is DENIED. The Clerk of Court is directed to close the motion at Docket Number 250. So Ordered. (Signed by Judge J. Paul Oetken on 9/20/2021) (js)
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Filing
260
ORDER denying 237 Motion to Compel; granting 244 Motion to Compel. Accordingly, Plaintiffs' motion for reconsideration is GRANTED, and upon reconsideration, Plaintiffs' motion to compel production (Dkt. No. 231) is granted. Defendants' motion to compel is DENIED. The Clerk of Court is directed to close the motions at Docket Numbers 237 and 244. SO ORDERED.. (Signed by Judge J. Paul Oetken on 12/16/2020) (ks)
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Filing
235
ORDER denying 231 Letter Motion to Compel; granting in part and denying in part 232 Letter Motion to Seal. Accordingly, Plaintiffs' motion to compel is DENIED and their motion for a conference is DENIED as moot. Additionally, Plaintiffs& #039; motion to seal is GRANTED with respect to Exhibit B and DENIED with respect to Exhibits A and C, which shall be filed publicly. The Clerk of Court is directed to close the motions at Docket Numbers 231 and 232. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/7/2020) (rro)
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Filing
218
ORDER re: 217 Notice (Other), filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, Inc., United HealthCare Insurance Company, United HealthCare Service LLC, UnitedHealth Group Inc., United HealthCare Services, Inc. Accordingly, the request to withdraw is GRANTED. The Clerk of Court is directed to terminate Attorneys Gregory F. Jacob and Danielle C. Gray as counsel for the Defendants. SO ORDERED. Attorney Danielle Carim Gray and Gregory Frederick Jacob terminated. (Signed by Judge J. Paul Oetken on 4/3/2020) (va)
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Filing
215
OPINION AND ORDER: re: 161 MOTION for Summary Judgment . filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, Inc., United HealthCare Insurance Company, United HealthCare Service LLC, UnitedHealth Group Inc., United HealthCare Services, Inc., 158 MOTION to Strike The Expert Report Of Michael D. Miscoe. filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United HealthCare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group Inc., United HealthCare Service LLC, United HealthCare Services, Inc. For the foregoing reasons, Defendants motion to strike is DENIED and Defendants' motion for summary judgment i s GRANTED in part and DENIED in part. The parties are directed to file a status letter on or before April 27, 2020. The letter should also indicate whether the parties are interested in pursuing mediation before a bench trial is scheduled. The Clerk of Court is directed to close the motions at Docket Numbers 158 and 161. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/26/2020) (js)
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Filing
214
OPINION AND ORDER: re: 208 MOTION for Reconsideration . filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, Inc., United HealthCare Insurance Company, United HealthCare Service LLC, UnitedHealth Group Inc., United HealthCare Services, Inc. For the foregoing reasons, Defendants motion for reconsideration is DENIED. The Clerk of Court is directed to close the motion at Docket Number 208. So ordered. (Signed by Judge J. Paul Oetken on 12/18/2019) (js)
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Filing
204
OPINION AND ORDER re: 142 MOTION to Certify Class . filed by Society of New York Office Based Surgery Facilities, The Medical Society of the State of New York, Columbia East Side Surgery, P.C.. For the foregoing reasons, Plainti ffs' motion for class certification is GRANTED in part and DENIED in part. A class composed of "any United Plan member, or member's valid assignee, whose claim for facility fees for services rendered by an out-of network OBS provider a ccredited under Section 230-d was denied," as set out in Part III, is certified for purposes of seeking declaratory and injunctive relief. The Court hereby appoints Columbia, MSSNY, and NYOBS as representatives of the certified class, and appoints Zuckerman Spaeder LLP and Buttaci Leardi & Werner LLC as co-lead class counsel. The Clerk of Court is directed to close the motion at Docket Number 142. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/11/2019) (kv)
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Filing
153
OPINION AND ORDER: re: 97 MOTION to Dismiss Plaintiffs' Counterclaims filed by Columbia East Side Surgery, P.C., 107 MOTION for Partial Summary Judgment filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Serv ices, Inc., United Health Care Insurance Company, United Health Care Service LLC, United Health Group Inc., United Health Care Services, Inc. For the foregoing reasons, Columbia's motion to dismiss United's counterclaims is GRANTED, and Uni ted's motion for partial summary judgment is GRANTED. United shall file amended counterclaims, if any, within 21 days of the date of this opinion. The Clerk of Court is directed to close the motions at Docket Numbers 97 and 107. SO ORDERED. (Signed by Judge J. Paul Oetken on 3/28/2019) (ama) Modified on 3/28/2019 (ama). Modified on 3/28/2019 (ama).
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Filing
87
OPINION AND ORDER re: 75 MOTION to Strike Document No. 73 (Notice of Defendants' Motion to Strike the Class Action Complaint) filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, I nc., United HealthCare Insurance Company, United HealthCare Service LLC, UnitedHealth Group Inc., United HealthCare Services, Inc. For the foregoing reasons, United's motion to strike the class allegations from the Complaint is DENIED. The Clerk of Court is directed to close the motion at Docket Number 75. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/6/2018) (mml)
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Filing
59
OPINION AND ORDER: re: 50 MOTION to Dismiss First Amended Class Action Complaint filed by Oxford Health Plans LLC, Optum Group, LLC, Optum, Inc., United Healthcare Services, Inc., United HealthCare Insurance Company, United HealthCare Service LLC, UnitedHealth Group Inc., United HealthCare Services, Inc., 32 MOTION to Dismiss The Complaint filed by Optum Group, LLC, Optum, Inc., United HealthCare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group Inc., United Hea lthCare Service LLC, United HealthCare Services, Inc. For the foregoing reasons, United's motion to dismiss the First Amended Complaint is DENIED in part and GRANTED in part. The motion to dismiss the superseded complaint at Docket Number 32 is DENIED as moot. United shall file an answer to the surviving claims by September 25, 2017. The Clerk of Court is directed to close the motions at Docket Number 32 and 50. The Clerk of Court is further directed to dismiss Plaintiffs Dr. Jeffrey Adl er; Podiatric OR of Midtown Manhattan, P.C.; Dr. Darrick Antell; and Dr. Albert B. Knapp, M.D., P.C. in the name of his business only. SO ORDERED., United HealthCare Insurance Company answer due 9/25/2017; United HealthCare Service LLC answer due 9/ 25/2017; UnitedHealth Group Inc. answer due 9/25/2017; United HealthCare Services, Inc. answer due 9/25/2017., Darrick Antell (in his own name and in the name of his business), Podiatric OR of Midtown Manhattan, P.C. (on its own behalf, on behalf of its patients, and on behalf of all others similarly situated), Jeffrey Adler (in his own name and in the name of his business) and Albert B. Knapp, M.D., P.C. (in his own name and in the name of his business, which is identical, both directly and as the representative of PATIENT G, and on behalf of all others similarly situated) terminated. (Signed by Judge J. Paul Oetken on 9/11/2017) (ama)
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