Mohr-Lercara v. Oxford Health Insurance, Inc. et al
| Anna Mohr-Lercara |
| Optum, Inc., OptumRX, Inc. and Oxford Health Insurance, Inc. |
| 7:2018cv01427 |
| February 16, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Vincent L Briccetti |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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Filing 89
MEMO ENDORSEMENT on re: #88 Letter filed by Anna Mohr-Lercara. MEMORANDUM ENDORSEMENT: By 2/24/2020, plaintiff's counsel shall submit a joint letter regarding settlement. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 1/6/2020) (mml)
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Filing 88
LETTER addressed to Judge Vincent L. Briccetti from Mathew P. Jasinski dated January 6, 2020 re: settlement. Document filed by Anna Mohr-Lercara.(Jasinski, Mathew)
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Filing 87
MEMO ENDORSEMENT granting #83 MOTION for Chanele Reyes to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. Ms. Reyes shall be terminated as plaintiffs' counsel of record. The Clerk is instructed to terminate the motion. (Doc. #83). SO ORDERED. Attorney Chanele Reyes terminated (Signed by Judge Vincent L. Briccetti on 11/19/2019) (jca)
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Filing 86
AMENDED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. All motions and applications shall be governed by the Court's Individual Practices, including the requirement of a pre-motion conference before a motion for summary judgment is filed. Deposition due by 8/28/2020. Fact Discovery due by 5/8/2020. Expert Discovery due by 8/28/2020. Discovery due by 8/28/2020. Case Management Conference set for 2/19/2020 at 09:30 AM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 5-7 days. The Magistrate Judge assigned to this case is the Honorable Paul E. Davison. By 1/6/2020, plaintiff's counsel shall submit joint letter regarding settlement. (And as further set forth herein.) SO ORDERED. (Signed by Judge Vincent L. Briccetti on 11/19/2019) (jca)
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Filing 85
ORDER granting #84 Letter Motion for Extension of Time: Discovery deadlines extended as set forth in the Amended Civil Case Discovery Plan and Scheduling Order, which shall be separately docketed. Joint letter regarding status of settlement due 1/6/2020. The interim case management conference scheduled for 12/5/2019 is adjourned to 2/19/2020, at 9:30 a.m. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (vjm)
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Filing 84
JOINT LETTER MOTION for Extension of Time addressed to Judge Vincent L. Briccetti from Christopher Barrett and Michelle Grant dated November 18, 2019. Document filed by Anna Mohr-Lercara.(Barrett, Christopher)
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Filing 83
MOTION for Chanele Reyes to Withdraw as Attorney . Document filed by Anna Mohr-Lercara.(Obrist, Gretchen)
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Filing 82
NOTICE of Withdrawal as Counsel. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Ruda, Erik)
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Filing 81
MEMO ENDORSEMENT on re: #80 Letter filed by Anna Mohr-Lercara. ENDORSEMENT: By 11/29/2019, the parties shall submit a further joint letter regarding settlement. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/1/2019) (mml)
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Filing 80
LETTER addressed to Judge Vincent L. Briccetti from Mathew P. Jasinski dated October 1, 2019 re: settlement. Document filed by Anna Mohr-Lercara.(Jasinski, Mathew)
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Filing 79
NOTICE OF APPEARANCE by Ron Kilgard on behalf of Anna Mohr-Lercara. (Kilgard, Ron)
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Filing 78
ORDER REGARDING PRODUCTION OF ELECTRONICALLY STORED INFORMATION AND HARD COPY DOCUMENTS re: #74 Proposed Stipulation and Order filed by Optum, Inc., Oxford Health Insurance, Inc., OptumRX, Inc. IT IS HEREBY ORDERED that the Stipulation is APPROVED and pursuant to the Local Rules and Rules 26 and 34 of the Federal Rules of Civil Procedure, all Parties in the above-captioned matter must comply with the following obligations in this litigation: as further set forth in this Order. IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/7/2019) (kv)
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Filing 77
ORDER REGARDING SEALED DOCUMENTS re: #76 Protective Order. The Court having so-ordered the parties' stipulated protective order dated August 7, 2019, which, among other things, provides for the filing of documents under seal, it is further ORDERED: as further set forth in this Order. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/7/2019) (kv)
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Filing 76
ORDER REGARDING STIPULATION FOR PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... IT IS SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/7/2019) (kv)
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Filing 75
PROPOSED STIPULATION AND ORDER. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Text of Proposed Order Re: Protective Order) (Grant, Michelle)
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Filing 74
PROPOSED STIPULATION AND ORDER. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Text of Proposed Order Re ESI and Hard Copy Documents) (Grant, Michelle)
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Filing 73
ORDER FOR ADMISSION PRO HAC VICE granting #72 Motion for Chanele N. Reyes to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 8/1/2019) (mml)
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Filing 72
MOTION for Chanele N. Reyes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17348539. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Mohr-Lercara. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Reyes, Chanele)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Chanele N. Reyes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17348539. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 71
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 9/6/2019. Non-expert depositions shall be completed by 2/28/2020. Expert Deposition due by 6/19/2020. Fact Discovery due by 2/28/2020. Expert Discovery due by 6/19/2020. Discovery due by 6/19/2019. Case Management Conference set for 12/5/2019 at 12:30 PM before Judge Vincent L. Briccetti. The parties have conferred and their present best estimate of the length of the trial is 5-7 days. 16. By 10/1/19, plaintiffs' counsel shall submit joint letter regarding settlement. (Signed by Judge Vincent L. Briccetti on 5/31/2019) (mml)
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Minute Entry for proceedings held before Judge Vincent L. Briccetti: Initial Pretrial Conference held on 5/31/2019. Case management plan signed. Pla counsel shall submit a joint letter regarding settlement by 10-1-19. Next conference is scheduled for 12-5-19 at 12:30 p.m. (dh)
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Filing 70
NOTICE OF APPEARANCE by Jonathan Richard Montcalm on behalf of Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Montcalm, Jonathan)
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Filing 69
NOTICE OF APPEARANCE by Mathew P. Jasinski on behalf of Anna Mohr-Lercara. (Jasinski, Mathew)
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Filing 68
ANSWER to #47 Amended Complaint. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc..(Grant, Michelle)
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Filing 67
ORDER granting #66 Letter Motion for Extension of Time to Answer: Defendants' time to answer, move, or otherwise respond to the amended complaint's surviving claims is extended to 4/24/2019. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (jal)
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Filing 66
LETTER MOTION for Extension of Time to File Answer to the amended complaint addressed to Judge Vincent L. Briccetti from Christopher G. Karagheuzoff dated April 3, 2019. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc..(Karagheuzoff, Christopher)
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Filing 65
NOTICE OF APPEARANCE by Andrew John Holly on behalf of Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Holly, Andrew)
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Filing 64
NOTICE OF INITIAL CONFERENCE: Initial Conference set for 5/31/2019 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (mml)
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Filing 63
OPINION AND ORDER re: #50 MOTION to Dismiss Class Action Complaint: The motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's substantive RICO claim against Oxford and RICO conspiracy claim against OptumRx are dismissed. All other claims shall proceed. However, collateral estoppel bars plaintiff from rearguing that defendants acted as plan fiduciaries when they required pharmacies to (i) remit overcharges to defendants, or (ii) misrepresent patients' proper cost-sharing amounts. Collateral estoppel also bars plaintiff from rearguing that defendants acted as plan fiduciaries when they prevented pharmacies from disclosing to patients (i) proper cost-sharing amounts, (ii) the existence of the overcharges, (iii) how pharmacies charged patients for covered prescription drugs, or (iv) that patients' covered prescription drugs could cost less if purchased without using insurance. Finally, plaintiff is also precluded from rearguing that she need not exhaust administrative remedies, or that exhausting administrative remedies by appealing the denial of her grievance would be futile. By April 10, 2019, defendants shall answer the amended complaint's surviving claims. The Clerk is directed to terminate the motion (Doc. #50). The motion to dismiss is GRANTED IN PART and DENIED IN PART. Plaintiff's substantive RICO claim against Oxford and RICO conspiracy claim against OptumRx are dismissed. All other claims shall proceed. However, collateral estoppel bars plaintiff from rearguing that defendants acted as plan fiduciaries when they required pharmacies to (i) remit overcharges to defendants, or (ii) misrepresent patients' proper cost-sharing amounts. Collateral estoppel also bars plaintiff from rearguing that defendants acted as plan fiduciaries when they prevented pharmacies from disclosing to patients (i) proper cost-sharing amounts, (ii) the existence of the overcharges, (iii) how pharmacies charged patients for covered prescription drugs, or (iv) that patients' covered prescription drugs could cost less if purchased without using insurance. Finally, plaintiff is also precluded from rearguing that she need not exhaust administrative remedies, or that exhausting administrative remedies by appealing the denial of her grievance would be futile. By April 10, 2019, defendants shall answer the amended complaint's surviving claims. The Clerk is directed to terminate the motion (Doc. #50). (Optum, Inc. answer due 4/10/2019; OptumRX, Inc. answer due 4/10/2019; Oxford Health Insurance, Inc. answer due 4/10/2019.) (Signed by Judge Vincent L. Briccetti on 3/27/2019) (jwh)
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Filing 62
RESPONSE re: #59 Notice (Other), . Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Grant, Michelle)
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Filing 61
ORDER: The Court is in receipt of a proposed Civil Case Discovery Plan and Scheduling Order, filed by plaintiff on August 31, 2018. (Doc. #60). Exhibit A to the parties proposed Civil Case Discovery Plan and Scheduling Order states the parties "have agreed that, subject to the Court's approval, the scope of discovery pending a ruling on Defendants' motion to dismiss should be limited to discovery concerning only the named plaintiff and that discovery concerning the class as a whole should be stayed." (Doc. #60 at 4). Because the Court has not approved a Civil Case Discovery Plan and Scheduling Order, any request to stay discovery is premature. There is a fully submitted motion to dismiss pending. (Doc. #50). After that motion is decided, the Court will, if necessary, schedule a conference with all parties to discuss scheduling, and other pretrial matters. The Court will not waste time and judicial resources overseeing discovery in a matter which may be dismissed. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/4/2018) (mml)
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Filing 60
PROPOSED SCHEDULING ORDER. Document filed by Anna Mohr-Lercara. (Raabe, Craig)
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Filing 59
NOTICE of of Supplemental Authority re: #50 MOTION to Dismiss Class Action Complaint.. Document filed by Anna Mohr-Lercara. (Attachments: #1 Exhibit A: Ruling on motion to dismiss, Neufeld v. Cigna Health and Life Insurance Co. et al., No. 3:17-cv-1693 (D. Conn.))(Raabe, Craig)
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Filing 58
RESPONSE re: #57 Notice (Other) of Supplemental Authority. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Grant, Michelle)
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Filing 57
NOTICE of of Supplemental Authority re: #50 MOTION to Dismiss Class Action Complaint.. Document filed by Anna Mohr-Lercara. (Attachments: #1 Exhibit A: DAddario v. DAddario)(Raabe, Craig)
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Filing 56
REPLY MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss Class Action Complaint. . Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Grant, Michelle)
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Filing 55
DECLARATION of Craig A. Raabe in Opposition re: #50 MOTION to Dismiss Class Action Complaint.. Document filed by Anna Mohr-Lercara. (Attachments: #1 Ex. A - Plaintiff's grievance letter, #2 Ex. B - Defendants' response to grievance, #3 Ex. C - Cover pages referring to "PRE-SERVICE" claims)(Raabe, Craig)
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Filing 54
MEMORANDUM OF LAW in Opposition re: #50 MOTION to Dismiss Class Action Complaint. . Document filed by Anna Mohr-Lercara. (Raabe, Craig)
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Filing 53
ORDER terminating #29 Motion to Dismiss: The motion is terminated as moot in view of defendants' motion to dismiss the amended complaint. (Doc. #50). (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 52
DECLARATION of Michelle S. Grant in Support re: #50 MOTION to Dismiss Class Action Complaint.. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Exhibit 1-14)(Grant, Michelle)
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Filing 51
MEMORANDUM OF LAW in Support re: #50 MOTION to Dismiss Class Action Complaint. . Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Grant, Michelle)
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Filing 50
MOTION to Dismiss Class Action Complaint. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. Responses due by 7/19/2018(Grant, Michelle)
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Filing 49
ORDER granting #48 Letter Motion for Extension of Time to File Response/Reply: Defendants' anticipated motion to dismiss due 6/18/2018. Plaintiff's opposition due 7/19/2018. Defendants' reply, if any, due 8/2/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 48
JOINT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Vincent L. Briccetti from Christopher M. Barrett dated June 1, 2018. Document filed by Anna Mohr-Lercara.(Barrett, Christopher)
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Filing 47
FIRST AMENDED COMPLAINT amending #1 Complaint against Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc. with JURY DEMAND.Document filed by Anna Mohr-Lercara. Related document: #1 Complaint.(Raabe, Craig)
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Filing 46
ORDER FOR ADMISSION PRO HAC VICE granting #42 Motion for Robert A. Izard to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 5/7/18) (yv)
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Filing 45
MEMO ENDORSEMENT on re: #41 Letter filed by Anna Mohr-Lercara. ENDORSEMENT: Plaintiff shall file an amended complaint by May 18, 2018. SO ORDERED. (Amended Pleadings due by 5/18/2018.) (Signed by Judge Vincent L. Briccetti on 5/4/2018) (anc)
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Filing 44
ORDER FOR ADMISSION PRO HAC VICE granting #40 Motion for Seth R. Klein to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 5/4/18) (yv)
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Filing 43
FILING ERROR - DUPLICATE DOCKET ENTRY - MOTION for Robert A. Izard to Appear Pro Hac Vice on behalf of Plaintiff Anna Mohr-Lercara. Filing fee $ 200.00, receipt number 0208-15029166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Mohr-Lercara. (Attachments: #1 Declaration of Robert A. Izard, #2 Certificates of Good Standing for Robert A. Izard, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert) Modified on 5/4/2018 (jc).
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Filing 42
MOTION for Robert A. Izard to Appear Pro Hac Vice on behalf of Plaintiff Anna Mohr-Lercara. Filing fee $200.00 paid, receipt no. 0208-15029166. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Mohr-Lercara. (Attachments: #1 Declaration of Robert A. Izard, #2 Certificates of Good Standing of Robert A. Izard, #3 Text of Proposed Order Granting Pro Hac Vice of Robert A. Izard)(Izard, Robert) Modified on 5/4/2018 (jc).
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Filing 41
LETTER addressed to Judge Vincent L. Briccetti from Christopher M. Barrett dated May 4, 2018 re: Plaintiff's intent to file Amended Complaint on or before May 18, 2018. Document filed by Anna Mohr-Lercara.(Barrett, Christopher)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Robert A. Izard to Appear Pro Hac Vice on behalf of Plaintiff Anna Mohr-Lercara. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 40
MOTION for Seth R. Klein to Appear Pro Hac Vice on behalf of Plaintiff Anna Mohr-Lercara. Filing fee $ 200.00, receipt number 0208-15025488. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Mohr-Lercara. (Attachments: #1 Declaration of Seth R. Klein, #2 Certificate of Good Standing of Seth R. Klein, #3 Text of Proposed Order Granting Pro Hac Vice of Seth R. Klein)(Klein, Seth)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Seth R. Klein to Appear Pro Hac Vice on behalf of Plaintiff Anna Mohr-Lercara. Filing fee $ 200.00, receipt number 0208-15025488. Motion and supporting papers to be reviewed by Clerk's Office staff.>/. The document has been reviewed and there are no deficiencies. (jc)
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Filing 39
ORDER GRANTING ADMISSION OF WILLIAM R. STOERI PRO HAC VICE granting #37 Motion for William R. Stoeri to Appear Pro Hac Vice. IT IS HEREBY ORDERED that William R. Stoeri is hereby admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 5/2/18) (yv)
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Filing 38
ORDER FOR ADMISSION PRO HAC VICE granting #36 Motion for Gretchen S. Obrist to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 5/1/18) (yv) Modified on 7/3/2018 (yv).
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Filing 37
MOTION for William R. Stoeri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15009999. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Affidavit of William R. Stoeri, #2 Text of Proposed Order)(Karagheuzoff, Christopher)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for Gretchen S. Obrist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15008538. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #37 MOTION for William R. Stoeri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15009999. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 36
MOTION for Gretchen S. Obrist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15008538. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Mohr-Lercara. (Attachments: #1 Declaration of Gretchen S. Obrist, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Obrist, Gretchen)
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Filing 35
MEMO ENDORSEMENT: on re: #32 Letter filed by Optum, Inc., Oxford Health Insurance, Inc., OptumRX, Inc. ENDORSEMENT: APPLICATION DENIED. If the Court decides oral argument is necessary, it will so advise counsel. (Signed by Judge Vincent L. Briccetti on 4/25/2018) (ap)
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Filing 34
ORDER: Accordingly, it is hereby ORDERED that, by no later than May 4, 2018, plaintiff must notify the Court by letter, with copies simultaneously delivered to defendants' counsel, whether (i) she intends to file an amended complaint, or (ii) she will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion to dismiss will proceed in the regular course and, absent special circumstances, no further opportunities to amend will be granted. The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, she must file the amended complaint by no later than 14 days after notifying the Court of her intent to do so. Defendants may then either (i) file an answer to the amended complaint, (ii) file a motion to dismiss the amended complaint, or (iii) notify the Court by letter, with copies simultaneously delivered to plaintiff's counsel, that they are relying on the initially filed motion to dismiss. If defendants choose to file an answer to or a motion to dismiss the amended complaint, the time to do so shall be governed by the Federal Rules of Civil Procedure, unless otherwise ordered by the Court. (Signed by Judge Vincent L. Briccetti on 4/25/2018) (ap) Modified on 4/26/2018 (ap).
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Filing 33
ORDER GRANTING ADMISSION OF ANDREW J. HOLLY PRO HAC VICE> granting #27 Motion for Andrew J. Holly to Appear Pro Hac Vice. (Signed by Judge Vincent L. Briccetti on 4/24/2018) (ap)
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Filing 32
LETTER addressed to Judge Vincent L. Briccetti from Michelle S. Grant dated April 24, 2018 re: Request for Oral Argument on Motion to Dismiss. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc..(Grant, Michelle)
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Filing 31
DECLARATION of Michelle S. Grant in Support re: #29 MOTION to Dismiss Class Action Complaint.. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Exhibit 1-12)(Grant, Michelle)
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Filing 30
MEMORANDUM OF LAW in Support re: #29 MOTION to Dismiss Class Action Complaint. . Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Grant, Michelle)
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Filing 29
MOTION to Dismiss Class Action Complaint. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. Responses due by 6/8/2018(Grant, Michelle)
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Filing 28
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent OptumRx Holdings, LLC, Corporate Parent United Healthcare Services, Inc., Corporate Parent UnitedHealth Group Incorporated for OptumRX, Inc.; Corporate Parent United Healthcare Services, Inc., Corporate Parent UnitedHealth Group Incorporated, Corporate Parent United Healthcare Insurance Company, Corporate Parent UHIC Holdings, Inc. for Oxford Health Insurance, Inc.; Corporate Parent United Healthcare Services, Inc., Corporate Parent UnitedHealth Group Incorporated for Optum, Inc.. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc..(Grant, Michelle)
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Filing 27
MOTION for Andrew J. Holly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14982440. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Affidavit of Andrew J. Holly, #2 Exhibit A, #3 Text of Proposed Order)(Karagheuzoff, Christopher)
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Filing 26
ORDER GRANTING ADMISSION OF MICHELLE S. GRANT PRO HAC VICE #23 Motion for Michelle S. Grant to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Michelle S. Grant is hereby admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 4/23/18) (yv)
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Filing 25
ORDER GRANTING ADMISSION OF ERIK D. RUDA PRO HAC VICE #24 Motion for Erik D. Ruda to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Erik D. Ruda is hereby admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing disciple of attorneys. (Signed by Judge Vincent L. Briccetti on 4/23/18) (yv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Andrew J. Holly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14982440. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 24
MOTION for Erik D. Ruda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14964071. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Affidavit of Erik D. Ruda, #2 Text of Proposed Order)(Ruda, Erik)
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Filing 23
MOTION for Michelle S. Grant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14962524. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Attachments: #1 Affidavit of Michelle S. Grant, #2 Text of Proposed Order)(Grant, Michelle)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Michelle S. Grant to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14962524. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Erik D. Ruda to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14964071. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
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Filing 22
NOTICE OF APPEARANCE by Christopher George Karagheuzoff on behalf of Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Karagheuzoff, Christopher)
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Filing 21
NOTICE OF APPEARANCE by Ronen Sarraf on behalf of Anna Mohr-Lercara. (Sarraf, Ronen)
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Filing 20
NOTICE OF APPEARANCE by Ronen Sarraf on behalf of Anna Mohr-Lercara. (Sarraf, Ronen)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to File Response/Reply: Defendants may file a 30 page memorandum of law in support of their anticipated motion to dismiss, and plaintiff may file a 30 page memorandum of law in opposition to same. Plaintiff's opposition due 6/8/2018. Defendants' reply due 7/11/2018. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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Filing 18
JOINT LETTER MOTION for Extension of Time to File Response/Reply [requesting (1) an extension to the deadlines within which they must file briefing in connection with Defendants anticipated motion to dismiss and (2) five additional pages for their memoranda of law in support of and in opposition to Defendants anticipated motion to dismiss] addressed to Judge Vincent L. Briccetti from Christopher M. Barrett dated April 17, 2018. Document filed by Anna Mohr-Lercara.(Barrett, Christopher)
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Filing 17
NOTICE OF APPEARANCE by Joseph Peter Guglielmo on behalf of Anna Mohr-Lercara. (Guglielmo, Joseph)
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Filing 16
NOTICE OF APPEARANCE by Erin Green Comite on behalf of Anna Mohr-Lercara. (Comite, Erin)
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Filing 15
NOTICE OF APPEARANCE by Carey Alexander on behalf of Anna Mohr-Lercara. (Alexander, Carey)
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Filing 14
WAIVER OF SERVICE RETURNED EXECUTED. Optum, Inc. waiver sent on 2/23/2018, answer due 4/24/2018; OptumRX, Inc. waiver sent on 2/23/2018, answer due 4/24/2018; Oxford Health Insurance, Inc. waiver sent on 2/23/2018, answer due 4/24/2018. Document filed by Anna Mohr-Lercara. (Barrett, Christopher)
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Filing 13
NOTICE OF APPEARANCE by William H. Narwold on behalf of Anna Mohr-Lercara. (Narwold, William)
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Filing 12
LETTER addressed to Judge Vincent L. Briccetti from Craig A. Raabe dated February 23, 2018 re: Designation of this matter to White Plains. Document filed by Anna Mohr-Lercara.(Raabe, Craig)
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Filing 11
ORDER. Under Rule 18 of the SDNY Rules for the Division of Business Among District Judges, a civil case must be designated for assignment to White Plains if: i. The claim arose in whole or in major part in the Counties of Dutchess, Orange, Putnam, Rockland, Sullivan, or Westchester (the "Northern Counties") and at least one of the parties resides in the Northern Counties; or ii. The claim arose in whole or in major part in the Northern Counties and none of the parties resides in this District. A civil case may also be designated for assignment to White Plains if: iii. The claim arose outside this district and at least some of the parties reside in the Northern Counties; or iv. At least half of the parties reside in the Northern Counties. From the face of the complaint, it does not appear this case was properly designated to White Plains. Accordingly, by February 28, 2018, plaintiff's counsel is directed to submit a letter to the Court either acknowledging that this case should be transferred to Manhattan or explaining why the case is properly designated for assignment to White Plains under Rule 18. So Ordered. (Signed by Judge Vincent L. Briccetti on 2/21/18) (yv)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Optum, Inc.. (pc)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to OptumRX, Inc.. (pc)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Oxford Health Insurance, Inc.. (pc)
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Filing 7
NOTICE OF CHANGE OF ADDRESS by Craig Archer Raabe on behalf of Anna Mohr-Lercara. New Address: Izard, Kindall & Raabe, LLP, 29 South Main Street, Suite 305, West Hartford, Connecticut, United States 06107, 8604936292. (Raabe, Craig)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. 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 #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Magistrate Judge Paul E. Davison 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: #http://nysd.uscourts.gov/forms.php. (pc)
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Case Designated ECF. (pc)
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Filing 6
NOTICE OF APPEARANCE by Christopher Michael Barrett on behalf of Anna Mohr-Lercara. (Barrett, Christopher)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Optum RX, Inc., re: #1 Complaint. Document filed by Anna Mohr-Lercara. (Raabe, Craig)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Optum, Inc., re: #1 Complaint. Document filed by Anna Mohr-Lercara. (Raabe, Craig)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Oxford Health Insurance, Inc., re: #1 Complaint. Document filed by Anna Mohr-Lercara. (Raabe, Craig)
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Filing 2
CIVIL COVER SHEET filed. (Raabe, Craig)
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Filing 1
COMPLAINT against Optum, Inc., OptumRX, Inc., Oxford Health Insurance, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14711491)Document filed by Anna Mohr-Lercara.(Raabe, Craig)
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