United States of America v. Anthem, Inc.
| United States of America |
| Anthem, Inc. |
| 1:2020cv02593 |
| March 26, 2020 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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Filing 62
CONSENT LETTER MOTION for Extension of Time to File Answer re: #26 Amended Complaint,,, addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated October 5, 2022. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 61
NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of United States of America..(Tinio, Rebecca)
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Filing 60
OPINION & ORDER re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). filed by Anthem, Inc. For the foregoing reasons, Defendant's motion is DENIED. The Clerk of the Court is respectfully directed to terminate ECF No. 36. (Signed by Judge Andrew L. Carter, Jr on 9/30/2022) (ate) Modified on 10/3/2022 (ate).
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Filing 59
LETTER addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 20, 2022 re: #57 Response concerning supplemental authority. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 58
NOTICE OF APPEARANCE by Charles Salim Jacob on behalf of United States of America..(Jacob, Charles)
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Filing 57
RESPONSE re: #55 Letter, regarding Supplemental Authority. Document filed by United States of America..(Bannon, Zachary)
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Filing 56
NOTICE OF APPEARANCE by Zachary Bannon on behalf of United States of America..(Bannon, Zachary)
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Filing 55
LETTER addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack II dated September 30, 2021 re: Supplemental Authority. Document filed by Anthem, Inc.. (Attachments: #1 Attachment A - September 29, 2021 Order, USA, ex rel. Robert A. Cutler v. Cigna Corp., et al. 717-cv-07515 (S.D.N.Y.), #2 Attachment B - September 17, 2021 Hearing Transcript, USA, ex rel. Robert A. Cutler v. Cigna Corp., et al. 717-cv-07515 (S.D.N.Y.)).(Blalack, K. Lee)
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Filing 54
NOTICE of Withdrawal of Counsel Pursuant to Local Rule 1.4 - Margaret L. Carter. Document filed by Anthem, Inc...(Cohen, Valerya)
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Filing 53
MEMO ENDORSEMENT: on re: #52 Letter filed by United States of America. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/10/2021) (ama)
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Filing 52
LETTER addressed to Judge Andrew L. Carter, Jr. from Rachael L. Doud dated September 9, 2021 re: Request for Termination of Appearance. Document filed by United States of America..(Doud, Rachael)
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Filing 51
NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of United States of America..(Aronoff, Peter)
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Filing 50
LETTER addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated December 8, 2020 re: Supplemental Authority. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 49
LETTER addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 12/7/2020 re: 2d Circuit's Strock decision. Document filed by United States of America. (Attachments: #1 Exhibit A: Strock Slip. Op.).(Yu, Li)
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Filing 48
DECLARATION of Marc Russo in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3).. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 47
DECLARATION of Brian Matthew Cogdill in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3).. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 46
DECLARATION of James A. Bowman in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3).. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 45
REPLY MEMORANDUM OF LAW in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). . Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 44
MEMORANDUM OF LAW in Opposition re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). . Document filed by United States of America..(Yu, Li)
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time to File Response/Reply re #42 LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). addressed to Judge Andrew L. Carter, Jr. from Li Yu dated 10/5/2020. So Ordered Responses due by 11/6/2020 Replies due by 11/20/2020. (Signed by Judge Andrew L. Carter, Jr on 10/5/2020) (js)
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Filing 42
LETTER MOTION for Extension of Time to File Response/Reply as to #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). addressed to Judge Andrew L. Carter, Jr. from Li Yu dated 10/5/2020. Document filed by United States of America..(Yu, Li)
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Filing 41
ORDER denying as moot #27 Letter Motion for Extension of Time: This order is DENIED as moot. (Signed by Judge Andrew L. Carter, Jr on 10/1/2020) (jwh)
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Filing 40
ORDER denying as moot #31 Letter Motion for Extension of Time to File. This request is DENIED as moot. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/1/2020) (rro)
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Filing 39
DECLARATION of James A. Bowman in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3).. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1).(Blalack, K. Lee)
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Filing 38
DECLARATION of Brian Matthew Cogdill in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3).. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 37
MEMORANDUM OF LAW in Support re: #36 MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). . Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 36
MOTION to Transfer Case (1), Motion to Dismiss (2), and Motion to Strike (3). Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 35
ORDER granting #34 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/26/2020) (va)
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Filing 34
LETTER MOTION for Leave to File Excess Pages Regarding the Court's August 6, 2020 Order addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack II dated August 13, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 33
ORDER denying #15 Letter Motion for Conference ; denying #19 Letter Motion for Conference ; denying #28 Letter Motion for Conference ; denying #30 Letter Motion for Conference. On May 29, 2020, Defendant requested pre-motion conferences in anticipation of its motions to strike and to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (ECF Nos. 19, 20). Plaintiff responded on June 3, 2020. (ECF No. 23). On July 9, 2020, Defendant requested a pre-motion conference in anticipation of its motion to transfer venue. (ECF No. 28). Plaintiff responded on July 10, 2020. (ECF No. 29). The requests for pre-motion conferences are DENIED and the Court sets the following briefing schedule for a consolidated briefing of all Defendants' proposed motions: Defendant's Motions to Dismiss, Strike, and Transfer Venue: September 17, 2020, Plaintiff's Opposition: October 29, 2020, Defendant's Reply, if any: November 12, 2020. (Signed by Judge Andrew L. Carter, Jr on 8/6/2020) (rj) (Main Document 33 replaced on 8/10/2020) (rj).
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Set/Reset Deadlines: Motions due by 9/17/2020. Responses due by 10/29/2020 Replies due by 11/12/2020. (rj)
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Filing 32
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 23, 2020 re: #31 LETTER MOTION for Extension of Time to File to Set Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 7/23/2020. . Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 31
LETTER MOTION for Extension of Time to File to Set Briefing Schedule addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 7/23/2020. Document filed by United States of America..(Yu, Li)
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Filing 30
LETTER MOTION for Conference re: Request for Pre-Motion Conference or Briefing Schedule on Motion to Dismiss and Motion to Strike addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 16, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 29
LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Rachael L. Doud dated July 10, 2020 re: #27 LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 9, 2020., #28 LETTER MOTION for Conference re: Renewed Request For Pre-Motion Conference or, Alternately, Request for Briefing Schedule on Proposed Motion to Transfer Venue addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 9, 202 . Document filed by United States of America..(Doud, Rachael)
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Filing 28
LETTER MOTION for Conference re: Renewed Request For Pre-Motion Conference or, Alternately, Request for Briefing Schedule on Proposed Motion to Transfer Venue addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 9, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 27
LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated July 9, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 26
AMENDED COMPLAINT amending #1 Complaint, against Anthem, Inc. with JURY DEMAND.Document filed by United States of America. Related document: #1 Complaint,. (Attachments: #1 Exhibit 1: List of Anthem's Part C Plans, #2 Exhibit 2: Anthem Annual Part C Agreement for Empire MediBlue, #3 Exhibit 3: Anthem Annual Part C Agreement for Empire MediBlue, #4 Exhibit 4: Anthem Risk Adjustment 101 Bulletin, #5 Exhibit 5: Anthem Coding Manual excerpt, #6 Exhibit 6: Sample Anthem EDI Agreement, #7 Exhibit 7: 2013 Anthem EDI Agreement, #8 Exhibit 8: 2015 Anthem EDI Agreement, #9 Exhibit 9: June 26, 2015 Anthem Attestation, #10 Exhibit 10: Anthem Chart Review FAQ, #11 Exhibit 11: Anthem Chart Review Provider Announcement, #12 Exhibit 12: Anthem Chart Review ROI).(Yu, Li)
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Filing 25
ORDER granting #24 Letter Motion for Extension of Time to Amend. SO ORDERED. Amended Pleadings due by 7/2/2020. (Signed by Judge Andrew L. Carter, Jr on 6/26/2020) (rj)
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Filing 24
LETTER MOTION for Extension of Time to Amend #23 Response to Motion,, addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 6/25/2020. Document filed by United States of America..(Yu, Li)
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Filing 23
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 6/10/2020 re: #20 LETTER MOTION for Conference re: #1 Complaint, (Request for a Pre-Motion Conference related to Anthem's intention to file a motion to dismiss, in part, Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6)), #19 LETTER MOTION for Conference re: #1 Complaint, (Request for a Pre-Motion Conference related to Anthem's intention to file a motion to strike paragraphs 99 through 102 from Plaintiff's Complaint pursuant to Federal Rule of Civil Proc . Document filed by United States of America..(Yu, Li)
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Filing 22
ORDER granting #21 Letter Motion for Extension of Time to File Response/Reply re #21 LETTER MOTION for Extension of Time to File Response/Reply to Anthem's Pre-Motion Conference Letters addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 6/1/2020. SO ORDERED. Responses due by 6/10/2020. (Signed by Judge Andrew L. Carter, Jr on 6/03/2020) (ama)
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Filing 21
LETTER MOTION for Extension of Time to File Response/Reply to Anthem's Pre-Motion Conference Letters addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 6/1/2020. Document filed by United States of America..(Yu, Li)
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Filing 20
LETTER MOTION for Conference re: #1 Complaint, (Request for a Pre-Motion Conference related to Anthem's intention to file a motion to dismiss, in part, Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6)) addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated May 29, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 19
LETTER MOTION for Conference re: #1 Complaint, (Request for a Pre-Motion Conference related to Anthem's intention to file a motion to strike paragraphs 99 through 102 from Plaintiff's Complaint pursuant to Federal Rule of Civil Procedure 12(f).) addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated May 29, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/24/2020) (ks)
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Filing 17
LETTER RESPONSE to Motion addressed to Judge Andrew L. Carter, Jr. from Li Yu/Peter Aronoff/Rachael Doud dated 4/20/2020 re: #15 LETTER MOTION for Conference re: Request for Pre-Motion Conference for Defendant's Motion to Transfer Venue to the Southern District of Ohio addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated April 14, 2020. . Document filed by United States of America..(Yu, Li)
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Filing 16
LETTER MOTION for Extension of Time to File Response/Reply as to #15 LETTER MOTION for Conference re: Request for Pre-Motion Conference for Defendant's Motion to Transfer Venue to the Southern District of Ohio addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated April 14, 2020. addressed to Judge Andrew L. Carter, Jr. from Li Yu dated 4/15/2020. Document filed by United States of America..(Yu, Li)
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Filing 15
LETTER MOTION for Conference re: Request for Pre-Motion Conference for Defendant's Motion to Transfer Venue to the Southern District of Ohio addressed to Judge Andrew L. Carter, Jr. from K. Lee Blalack, II dated April 14, 2020. Document filed by Anthem, Inc...(Blalack, K. Lee)
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Filing 14
ORDER FOR ADMISSION PRO HAC VICE OF K. LEE BLALACK, II granting #5 Motion for K. Lee Blalack, II to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro)
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE OF JAMES A. BOWMAN granting #6 Motion for James A. Bowman to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE OF DAVID DEATON granting #7 Motion for David Deaton to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro)
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Filing 11
ORDER FOR ADMISSION PRO HAC VICE OF MARGARET L. CARTER granting #8 Motion for Margaret L. Carter to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 4/6/2020) (rro)
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Filing 10
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anthem, Inc...(Cohen, Valerya)
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Filing 9
NOTICE OF APPEARANCE by Valerya Cohen on behalf of Anthem, Inc...(Cohen, Valerya)
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Filing 8
MOTION for Margaret L. Carter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19309950. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Declaration of Margaret L. Carter in Support of Motion for Admission Pro Hac Vice, #2 California Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice of Margaret L. Carter).(Carter, Margaret)
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Filing 7
MOTION for David Deaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19309531. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Declaration of David Deaton in Support of Motion for Admission Pro Hac Vice, #2 California Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice of David Deaton).(Deaton, David)
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Filing 6
MOTION for James A. Bowman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19308906. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Declaration of James A. Bowman in Support of Motion for Admission Pro Hac Vice, #2 California Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice of James A. Bowman).(Bowman, Jim)
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Filing 5
MOTION for K. Lee Blalack, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19308427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Declaration of K. Lee Blalack, II in Support of Motion for Admission Pro Hac Vice, #2 Maryland Certificate of Good Standing, #3 Tennessee Certificate of Good Standing, #4 District of Columbia Certificate of Good Standing, #5 Text of Proposed Order for Admission Pro Hac Vice of K. Lee Blalack, II).(Blalack, K. Lee)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for K. Lee Blalack, II to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19308427. Motion and supporting papers to be reviewed by Clerk's Office staff., #6 MOTION for James A. Bowman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19308906. Motion and supporting papers to be reviewed by Clerk's Office staff., #7 MOTION for David Deaton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19309531. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Margaret L. Carter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19309950. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 4
WAIVER OF SERVICE RETURNED EXECUTED. Anthem, Inc. waiver sent on 3/30/2020, answer due 5/29/2020. Document filed by United States of America..(Yu, Li)
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Filing 3
CIVIL COVER SHEET filed..(Doud, Rachael)
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Filing 2
NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of United States of America..(Doud, Rachael)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Li Yu. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)
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Case Designated ECF. (pne)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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Filing 1
COMPLAINT against Anthem, Inc.. Document filed by United States of America. (Attachments: #1 Exhibit 1 to Complaint, #2 Exhibit 2 to Complaint, #3 Exhibit 3 to Complaint, #4 Exhibit 4 to Complaint, #5 Exhibit 5 to Complaint, #6 Exhibit 6 to Complaint, #7 Exhibit 7 to Complaint, #8 Exhibit 8 to Complaint, #9 Exhibit 9 to Complaint, #10 Exhibit 10 to Complaint, #11 Exhibit 11 to Complaint, #12 Exhibit 12 to Complaint).(Yu, Li)
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