Fero et al v. Excellus Health Plan, Inc. et al
Plaintiff: Erin O'Brien, Cathryn Kwit, Shirley Krenzer, John P. Palmer, Thomas Albrecht, Nina Mottern, Sharon C. Smith, Matthew Fero, Brenda Caltagarone, Barbara A. Palmer, Beth A. Parlato, Cindy Harden, Anthony Parlato, Robert Kwit, Don Korn, Harold Jackling, Dwayne Church, Edward Trumble, James J. Smith, Jr., Roger A. Carroll, D.D.S., Andres Curbelo and Karen Howard
Defendant: Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Univera Healthcare, Excellus Health Plan, Inc., Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc. and Blue Cross and Blue Shield Association
Consolidated Plaintiff: Kenneth Fisher, Brian Martinho, Katie Fuller, Heather Martinho, Shalena Hill, Cally Couturier, Julia Polidore, Biagio Mormile, Juanita McLeod, Eric S Clark, Patricia Fisher, Carole Preston, Therese Boomershine, Raymond A. McLeod, Paul Malick, Margaret Malick, Gary Preston, Dick Immerman, Natalie Baldwin, Bleachtech LLC, LouAnn Malta, Carlos Martinho and Lawrence F Thompson
Consolidated Defendant: Excellus BlueCross BlueShield
Case Number: 6:2015cv06569
Filed: September 18, 2015
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: Jeremiah J McCarthy
Referring Judge: Elizabeth A Wolford
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2020 Filing 515 TEXT ORDER re #376 Motion for Clarification; #387 Motion to Certify Class; #417 Motion to Exclude Expert Declarations; #446 Motion to Strike and For Sanctions; #456 Motion to Exclude Testimony of Defendants' Experts. Oral argument on the motions currently pending before the undersigned is set for October 19, 2020, at 2:00 p.m. Oral argument will be held remotely via Zoom for Government. Instructions for accessing the proceeding will be sent to counsel in advance. This is a public proceeding. Any member of the public who wishes to attend should contact the undersigned's Chambers at wolford@nywd.uscourts.gov or 585-613-4320 for instructions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/09/2020. (CDH)
September 3, 2020 Filing 514 Letter filed by Matthew Fero as to Univera Healthcare, Blue Cross and Blue Shield Association, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. Letter re 513 Text Order. (Matarazzo, Hadley)
August 24, 2020 Filing 513 TEXT ORDER re #387 Motion to Certify Class. In connection with their motion for class certification, Plaintiffs indicate that "[e]xcluded from each Class are... the Judges to whom this case is assigned, their immediate family members, and courtroom staff...." (Dkt. 387 at 3). The Court requires clarification on the proposed scope of the phrase "immediate family members." The Court notes in this regard that 8 U.S.C. 455(b)(5)(i) provides that a judge shall disqualify herself where "a person within the third degree of relationship" to her, "or the spouse of such person... [i]s a party to the proceeding[.]" Federal courts have held that "for purposes of the recusal statute, the term 'party' includes class members." In re Cement Antitrust Litig. (MDL No. 296), 688 F.2d 1297, 1313 (9th Cir. 1982), aff'd sub nom. Arizona v. U.S. Dist. Court for Dist. of Arizona, 459 U.S. 1191 (1983). In other words, if the Court were to certify a class in this matter that included a person within the third degree of relationship to the undersigned, or the spouse of such person, recusal would be necessary. By no later than September 3, 2020, Plaintiffs shall file a letter setting forth the scope of the phrase "immediate family members" as used in connection with the proposed class definitions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 08/24/2020. (CDH)
August 14, 2020 Calendar Entry: Status Conference set for 10/16/2020 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. (JD)
August 13, 2020 Filing 512 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/13/2020. The parties address defendants' pending motion for a protective order and ongoing discovery issues. Text order to follow. APPEARANCES (by teleconference): K. Bruns, H. Matarazzo for plaintiff; J. Beckage, R. Feldstein, and E. Jacobs for defendants.(AT&T) (EG)
August 13, 2020 Filing 511 TEXT ORDER: As agreed to be counsel at today's telephonic conference, defendants' motion for a protective order #480 is deemed resolved, without prejudice to renewal, on condition that the additional deposition of Bruce Jones in any capacity will await further order of the court. In the interim, defendants shall continue their document production to permit plaintiffs to better define the proposed areas of inquiry for Mr. Jones' deposition and to limit any potential for additional depositions of Mr. Jones. Following the completion of defendants' document production, the parties reserve all of their rights to argue for or against a further deposition of Mr. Jones, including any limitations on the duration and scope of the deposition. A further telephonic conference to address this issue is scheduled for October 16, 2020 at 2:00 p.m. Counsel shall dial (888) 808-6929 and access code 1533000#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 08/13/2020. (MDY)
August 11, 2020 E-Filing Notification: 502 Sealed Reply Memorandum of Law as to #498 . (BK), 503 Sealed Exhibits to [498-1]. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 13) Duplicate Entry - Please disregard. (BK)
August 3, 2020 Filing 510 SUPPLEMENTAL DECISION AND ORDER. Signed by Hon. Jeremiah J. McCarthy on 8/3/2020. (EG)
July 20, 2020 Filing 503 Please Disregard - filed in error. Sealed Exhibits to [498-1]. (Attachments: # 1 Exhibit 9, # 2 Exhibit 10, # 3 Exhibit 13) Modified on 8/11/2020. (BK)
July 20, 2020 Filing 502 Please Disregard - filed in error. Sealed Reply Memorandum of Law as to #498 . Modified on 8/11/2020. (BK)
July 17, 2020 Filing 501 TEXT ORDER: In accordance with today's oral argument, by August 7, 2020 plaintiffs shall provide defendants (and the court) with: 1) a draft affidavit for Bruce Jones's review identifying the proposed portions of his Fed. R. Civ. P. ("Rule") 30(6)(b) testimony to be adopted as his personal testimony; and 2) the remaining areas of inquiry that plaintiffs will seek to question Mr. Jones about as a fact witness. A telephonic conference to address these submissions is scheduled for August 13, 2020 at 4:00 p.m. To limit any potential for multiple additional depositions of Mr. Jones, a final decision as to the scope and duration of Mr. Jones's fact witness deposition (if any) will be deferred pending completion of the in camera review set forth in my March 4, 2019 Decision and Order #293 . To access the August 13, 2020 conference, counsel shall dial (888) 808-6929 and access code 1533000#. Signed by Hon. Jeremiah J. McCarthy on 07/17/2020. (MDY)
July 17, 2020 Filing 500 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: The court hears oral argument from the parties on 7/17/2020 on defendants' motion for a protective order. The court issues instructions to the parties concerning Mr. Jones' deposition, and holds the motion open pending further proceedings. Text order to follow. The court sets a status conference for 8/13/2020 at 4:00 p.m. before Hon. Jeremiah J. McCarthy. APPEARANCES (by teleconference): K. Bruns, J. Bilsborrow, H. Matarazzo, D. Berger and J. Mankoff for plaintiff; J. Beckage, R. Feldstein, and E. Jacobs for defendants. (AT&T) (JD)
July 16, 2020 Filing 499 Sealed Document-Unredacted version of defendant's #498 Reply Memorandum and [498-1] Exhibits to the Reply Declaration of Edward J. Jacobs (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 13)(SG)
July 14, 2020 Filing 498 REPLY to Response to Motion re #480 MOTION for Protective Order Prohibiting the further Deposition of Bruce Jones filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration of Edward J. Jacobs, Esq. in support of Excellus Defendants' Reply in further support of Motion for Protective Order Prohibiting the further Deposition of B. Jones, #2 Exhibit 6 to Jacobs Decl. (Emails), #3 Exhibit 7 to Jacobs Decl. (Transcript Hearing 2.1.19), #4 Exhibit 8 to Jacobs Decl. (Excerpt Dep T. Jones), #5 Exhibit 9 to Jacobs Decl. (Excerpt Dep J. Tomczak), #6 Exhibit 10 to Jacobs Decl. (Excerpt D. Palombo), #7 Exhibit 11 to Jacobs Decl. (Transcript Hearing 5.22.18), #8 Exhibit 12 to Jacobs Decl. (Emails), #9 Exhibit 13 to Jacobs Decl. (Transcript Dep B. Jones), #10 Exhibit 14 to Jacobs Decl. (Correspondence))(Jacobs, Edward)
July 13, 2020 Filing 497 Sealed Transcript. (BK)
July 7, 2020 Filing 496 REPLY/RESPONSE to re #456 MOTION Exclude Testimony of Defendants' Experts re #419 Declaration,,,,,,, #418 Response in Opposition to Motion, Plaintiffs' Reply Memorandum of Law in Further Support of Motion to Exclude Defendants' Experts filed by Matthew Fero. (Matarazzo, Hadley)
July 5, 2020 Filing 495 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/19/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
July 5, 2020 Filing 494 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/7/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
July 5, 2020 Filing 493 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/1/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
July 1, 2020 Filing 492 Sealed Document re #489 Plaintiffs' unredacted Memorandum of Law in Opposition to Defendants' Motion for a Protective Order. (BK)
July 1, 2020 Filing 491 Sealed Exhibits to #487 Declaration and #488 Continuation of Exhibits. (Attachments: #1 Exhibit D, #2 Exhibit K, #3 Exhibit L) (BK)
July 1, 2020 Filing 490 TEXT ORDER: Plaintiffs' unopposed motion for leave to file under seal #486 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/1/2020. (JD)
June 30, 2020 Filing 489 MEMORANDUM in Opposition re #480 MOTION for Protective Order Prohibiting the further Deposition of Bruce Jones Plaintiffs' Redacted Memorandum of Law in Opposition to Defendants' Motion for a Protective Order filed by Matthew Fero. (Matarazzo, Hadley)
June 30, 2020 Filing 488 CONTINUATION OF EXHIBITS by Matthew Fero. to #487 Declaration, EXHIBIT G filed by Matthew Fero. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L)(Matarazzo, Hadley)
June 30, 2020 Filing 487 DECLARATION signed by Hadley L. Matarazzo re #480 MOTION for Protective Order Prohibiting the further Deposition of Bruce Jones filed by Matthew Fero filed by Matthew Fero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Matarazzo, Hadley)
June 30, 2020 Filing 486 MOTION to Seal by Matthew Fero.(Matarazzo, Hadley)
June 24, 2020 Filing 485 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/2/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/22/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
June 19, 2020 Filing 484 TEXT ORDER: As agreed to by counsel at today's telephonic proceeding, plaintiffs' response to the Excellus defendants' motion for a protective order #480 shall be filed by June 30, 2020; the Excellus defendants' reply, if any, shall be filed by July 14, 2020; and oral argument is scheduled for July 17, 2020 at 11:00 a.m. The argument will be conducted by teleconference ((888) 808-6929/access code 1533000#), unless the parties inform chambers by July 13, 2020 that they prefer the oral argument to be conducted by Zoom, in which case participation instructions will be provided. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/19/2020. (DAZ)
June 19, 2020 CALENDAR EVENT : Oral Argument set for 7/17/2020 at 11:00 AM before Hon. Jeremiah J. McCarthy. (DAZ)
June 19, 2020 Opinion or Order Filing 483 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 6/19/2020 to set a briefing schedule on the Excellus defendants' motion for a protective order. Response 6/30; Reply 7/14; Oral Argument set for 7/17/2020 at 11:00 AM. Text order to follow. APPEARANCES: Kathryn Lee Bruns, Hadley L. Matarazzo, David M. Berger, James J. Bilsborrow for plaintiffs; Edward John Jacobs, Jennifer A. Beckage, Robyn Mara Feldstein for Excellus defendants. (AT&T Recording - Public access to this recording can be obtained by contacting Judge McCarthy's chambers at (716-551-1880)). (DAZ)
June 17, 2020 Filing 482 Sealed Document - Unredacted version of the Memorandum of Law in support of defendants' motion for a protective order [480-7]. (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ)
June 17, 2020 Filing 481 Sealed Document - Exhibit 4 to the Jacobs' Declaration in support of defendants' motion for a protective order [480-5]. (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ)
June 16, 2020 Filing 480 MOTION for Protective Order Prohibiting the further Deposition of Bruce Jones by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration of Edward J. Jacobs, Esq. in support of Motion for a Protective Order Prohibiting the further Deposition of Bruce Jones, #2 Exhibit 1 to Jacobs Decl. (Deposition Notice), #3 Exhibit 2 to Jacobs Decl. (Letter), #4 Exhibit 3 to Jacobs Decl. (Emails), #5 Exhibit 4 to Jacobs Decl. (Excerpts of Jones Deposition), #6 Exhibit 5 to Jacobs Decl. (Emails), #7 Memorandum in Support of Motion for Protective Order Prohibiting the further Deposition of Bruce Jones, #8 Text of Proposed Order)(Jacobs, Edward)
June 5, 2020 Filing 479 DECLARATION signed by David Carney filed by Blue Cross and Blue Shield Association, Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare in Support of Daubert Opposition and Reply Briefs. (Carney, David)
June 5, 2020 Filing 478 RESPONSE in Opposition re #456 MOTION Exclude Testimony of Defendants' Experts re #419 Declaration,,,,,,, #418 Response in Opposition to Motion, filed by Blue Cross and Blue Shield Association, Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit A - Robert Anderson Deposition Testimony, #2 Exhibit B - Federico Campbell Deposition Testimony)(Carney, David)
June 5, 2020 Filing 477 REPLY to Response to Motion re #417 MOTION to Exclude Expert Declarations of James Van Dyke and Greg Allenby filed by Blue Cross and Blue Shield Association, Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit A - John Jorgensen Deposition Testimony, #2 Exhibit B - Jason Rebholz Deposition Testimony, #3 Exhibit C - James Van Dyke Deposition Testimony, #4 Exhibit D - Fireeye APT41 Article, #5 Exhibit E - 2016 Javelin Fraud Inflection Report, #6 Exhibit F - Van Dyke Adkins Report, #7 Exhibit G - Van Dyke Anthem Report, #8 Exhibit H - Greg Allenby Deposition Testimony, #9 Exhibit I - Jonathan Orszag Deposition Testimony)(Feldstein, Robyn)
June 2, 2020 Filing 476 TEXT ORDER: In accordance with today's telephonic conference, the parties shall continue to confer in an effort to resolve their dispute concerning the deposition of Bruce Jones. If the parties are unable to reach an agreement, by June 16, 2020 the Excellus defendants shall file their motion for a protective order, and a telephonic conference to set a briefing schedule on that motion is scheduled for June 19, 2020 at 2:00 p.m. However, if no motion is filed, the conference will be cancelled. The parties shall access the conference by dialing (888) 808-6929 and entering access code 1533000# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/2/2020. (DAZ)
June 2, 2020 Opinion or Order Filing 475 ORDER granting the defendant's requests for additional time up to and including June 5, 2020 to file opposition and reply briefs and for an additional three pages for their reply brief. Signed by Hon. Elizabeth A. Wolford on 6/2/2020. (BK)
June 2, 2020 Opinion or Order Filing 474 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 6/2/2020. Court addresses issues raised in recent correspondence received from parties. Further conference set for June 19, 2020 at 2:00 PM. Text order to follow. APPEARANCES: Hadley L. Matarazzo, David M. Berger, James J. Bilsborrow for plaintiffs; Edward John Jacobs, Jennifer A. Beckage, Sheila Boga for Excellus defendants. (AT&T Recording - Public access to this recording can be obtained by contacting Judge McCarthy's chambers at (716-551-1880)). (DAZ)
May 28, 2020 Opinion or Order Filing 473 TEXT ORDER : A conference to address issues raised in correspondence dated May 28, 2020 is set for June 2, 2020 at 2:00 PM. Any response to that correspondence should be e-mailed to chambers by June 1. The proceeding described herein will be held remotely. Public access to the proceeding can be obtained by contacting Judge McCarthy's chambers at (716) 551-1880. Parties shall access the conference by dialing (888) 808-6929 and entering access code 1533000# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/28/2020. (DAZ)
May 27, 2020 Filing 472 REPLY/RESPONSE to re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) MOTION for Sanctions CORRECTED Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Sanctions (to replace Dkt. 471)) filed by Matthew Fero. (Matarazzo, Hadley)
May 27, 2020 Filing 471 REPLY to Response to Motion re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) MOTION for Sanctions Plaintiffs' Reply Memorandum of Law in Further Support of Motion for Sanctions filed by Matthew Fero. (Matarazzo, Hadley)
May 27, 2020 Filing 470 DECLARATION signed by Hadley L. Matarazzo re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) MOTION for Sanctions filed by Matthew Fero Reply Declaration of Hadley L. Matarazzo in Further Support of Plaintiffs' Motion for Sanctions filed by Matthew Fero. (Matarazzo, Hadley)
May 21, 2020 Filing 469 Sealed Document (Unredacted #462 RESPONSE in Opposition re 446 MOTION to Strike). (Attachments: #1 Exhibit B, #2 Exhibit D, #3 Exhibit F, #4 Exhibit L, #5 Exhibit N, #6 Exhibit O, #7 Exhibit P)(DPS)
May 21, 2020 Filing 468 Sealed Document (Exhibit 18 to #456 MOTION Exclude Testimony of Defendants' Experts). (Attachments: #1 #457 Unredacted Memorandum in Support)(DPS)
May 21, 2020 Filing 467 Sealed Document (Exhibit 5 to #453 Declaration of Hadley L. Matarazzo in Opposition to Defendants' Motion to Exclude Testimony of Plaintiffs' Experts). (Attachments: #1 #455 Unredacted Memorandum in Support)(DPS)
May 21, 2020 Filing 466 Sealed Document (UNREDACTED #451 Plaintiffs' Reply Memorandum of Law in Further Support of Their Motion for Class Certification). (DPS)
May 21, 2020 Filing 465 Sealed Document (Unredacted #447 Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion to Strike and for Sanctions) (Attachments: #1 Exhibit E, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J, #5 Exhibit K, #6 Exhibit L, #7 Exhibit M, #8 Exhibit N, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit S, #12 Exhibit T, #13 Unredacted #449 Memorandum in Support)(DPS)
May 20, 2020 Filing 464 TEXT ORDER: The motions of Zachary Holmstead, Esq. and Daniel Laytin, Esq. for pro hac vice admission [442, 443], as supplemented [458, 459], are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/20/2020. (DAZ)
May 20, 2020 Filing 463 TEXT ORDER granting #445 Motion to Seal and #461 Motion to Seal. Plaintiffs seek leave to file under seal portions of the papers in support of their pending motion to strike. (Dkt. 446; Dkt. 447; Dkt. 448). Defendants seek leave to file under seal portions of their response to that motion. (Dkt. 462). Plaintiffs further seek leave to file under seal portions of Plaintiffs' reply memorandum of law in further support of their motion for class certification (Dkt. 451), Plaintiffs' opposition to Defendants' motion to exclude expert testimony (Dkt. 453; Dkt. 454; Dkt. 455), and Plaintiffs' motion to exclude expert testimony (Dkt. 456; Dkt. 457). The Court has reviewed the documents the parties seek to file under seal and finds that sealing is necessary to protect confidential personal information (including confidential health information) and confidential business information and that these interests outweigh the presumption of public access. The Court accordingly grants the parties' respective motions to seal (Dkt. 445; Dkt. 461). SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/20/2020. (CDH)
May 20, 2020 Verified admission to the Illinois State Bar for Attorney's Zachary Holmstead and Daniel Laytin. (MD)
May 18, 2020 Filing 462 RESPONSE in Opposition re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) MOTION for Sanctions filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit A - April 29, 2016 ESI Custodian Witness Disclosure, #2 Exhibit B - Produced Emails from Jim Keddell Document Collection, #3 Exhibit C - Kelly Wheeless Deposition Testimony Excerpt, #4 Exhibit D - Excellus Defendants' Responses to Interrogatories (slip sheet), #5 Exhibit E - March 14, 2018 Document Production Correspondence, #6 Exhibit F - Jorgensen August 15, 2019 Dark Web Testimony (slip sheet), #7 Exhibit G - James Keddell Declaration (redacted), #8 Exhibit H - Parties' Joint 26(f) Report, #9 Exhibit I - Parties' Proposed Discovery Plan, #10 Exhibit J - Plaintiffs' Revised Proposed Discovery Plan, #11 Exhibit K - Business Technology Division Employee Organizational Charts, #12 Exhibit L - James Keddell Deposition Excerpts, #13 Exhibit M - Therese Boomershine Interrogatory Responses, #14 Exhibit N - Therese Boomershine Deposition Excerpts, #15 Exhibit O - Brenda Caltagarone Interrogatory Responses (slip sheet), #16 Exhibit P - Brenda Caltagarone Deposition Excerpts (slip sheet), #17 Exhibit Q - Carney Declaration)(Carney, David)
May 18, 2020 Filing 461 Consent MOTION to Seal by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration in Support of Motion to Seal, #2 Text of Proposed Order Granting Motion to Seal)(Carney, David)
May 8, 2020 Opinion or Order Filing 460 ORDER granting Excellus defendants request for an extension of time to respond to plaintiffs' motion to strike and for sanctions up to and including May 18, 2020. Plaintiffs to file their reply brief on or before May 27, 2020. Signed by Hon. Elizabeth A. Wolford on 5/8/2020. (BK)
April 28, 2020 E-Filing Notification: #446 MOTION to Strike modified to add additional relief Motion for Sanctions. (JLV)
April 28, 2020 Filing 459 CONTINUATION OF EXHIBITS to #443 MOTION to appear pro hac vice on behalf of Daniel Laytin ( Filing fee $ 200 receipt number 0209-3788795.) . (D'Antonio, Thomas)
April 28, 2020 Filing 458 CONTINUATION OF EXHIBITS to #442 MOTION to appear pro hac vice on behalf of Zachary Holmstead ( Filing fee $ 200 receipt number 0209-3788774.) . (D'Antonio, Thomas)
April 27, 2020 Filing 457 MEMORANDUM in Support re #456 MOTION Exclude Testimony of Defendants' Experts re #419 Declaration,,,,,,, #418 Response in Opposition to Motion, REDACTED - Plaintiffs' Memorandum of Law in Support of Motion to Exclude Testimony of Defendants' Experts filed by Matthew Fero. (Matarazzo, Hadley)
April 27, 2020 Filing 456 MOTION Exclude Testimony of Defendants' Experts re #419 Declaration,,,,,,, #418 Response in Opposition to Motion, by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion to Exclude Testimony of Defendants' Experts, #2 Exhibit 17 - Expert Report of Robert E. Anderson, Jr., #3 Exhibit 18 - SLIP SHEET - Excerpts of Deposition of Robert E. Anderson, Jr., #4 Exhibit 19 - EXC012630011 - Excellus Escalation Call Center Notes, #5 Exhibit 20 - Expert Report of C. Federico Campbell)(Matarazzo, Hadley)
April 27, 2020 Filing 455 MEMORANDUM in Opposition re #417 MOTION to Exclude Expert Declarations of James Van Dyke and Greg Allenby REDACTED - Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Exclude Testimony of Plaintiffs' Experts filed by Matthew Fero. (Matarazzo, Hadley)
April 27, 2020 Filing 454 CONTINUATION OF EXHIBITS by Matthew Fero. to #453 Declaration,,, Exhibit 11 - EXC01263011 - Excellus Escalation Call Center Notes filed by Matthew Fero. (Attachments: #1 Exhibit 12 - Declaration of Gregory Allenby, #2 Exhibit 13 - Deposition of Gregory Allenby, #3 Exhibit 14 - Rebuttal Declaration of Gregory Allenby, #4 Exhibit 15 - Expert Report of Jonathan Orszag, #5 Exhibit 16 - Excerpts of Deposition of Jonathan Orszag, #6 Declaration Reply Declaration of James Van Dyke)(Matarazzo, Hadley)
April 27, 2020 Filing 453 DECLARATION re #417 MOTION to Exclude Expert Declarations of James Van Dyke and Greg Allenby filed by Matthew Fero Declaration of Hadley L. Matarazzo in Opposition to Defendants' Motion to Exclude Testimony of Plaintiffs' Experts filed by Matthew Fero. (Attachments: #1 Exhibit 1 - Declaration of James Van Dyke, #2 Exhibit 2 - Excerpts of Deposition of James Van Dyke, #3 Exhibit 3 - Expert Report of Robert E. Anderson, Jr., #4 Exhibit 4 - Expert Report of C. Federico Campbell, #5 Exhibit 5 -SLIP SHEET (EXC166095 Security Presentation In-Service Program PowerPoint), #6 Exhibit 6 - Excellus internal email about value of data, #7 Exhibit 7 - Javelin 2016 report, #8 Exhibit 8 - EXC013620, #9 Exhibit 9 - Jorgensen Report, #10 Exhibit 10 - FireEye APT 41 paper)(Matarazzo, Hadley)
April 27, 2020 Filing 452 MEMORANDUM in Support re #387 MOTION to Certify Class Plaintiffs' Reply Memorandum of Law in Further Support of Motion for Class Certification (BCBSA) filed by Matthew Fero. (Matarazzo, Hadley)
April 27, 2020 Filing 451 MEMORANDUM in Support re #387 MOTION to Certify Class REDACTED - Plaintiffs' Reply Memorandum of Law in Further Support of Their Motion for Class Certification filed by Matthew Fero. (Matarazzo, Hadley)
April 27, 2020 Filing 450 DECLARATION re #387 MOTION to Certify Class filed by Matthew Fero Reply Declaration of Hadley L. Matarazzo in Further Support of Plaintiffs' Motion for Class Certification filed by Matthew Fero. (Attachments: #1 Exhibit YY - NYS Dep't of Financial Services Examination Report of 2013, #2 Exhibit ZZ - Excerpts of Transcript of Excellus 30_b_6 Deposition of James Haefner, #3 Exhibit AAA - Excerpts of Van Dyke Deposition, #4 Exhibit BBB - 3.31.2015 Email from B. Jones re BCBSA)(Matarazzo, Hadley)
April 27, 2020 Filing 449 MEMORANDUM in Support re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) REDACTED Plaintiffs' MOL in Support of Motion to Strike and for Sanctions (subject to motion to seal) filed by Matthew Fero. (Matarazzo, Hadley)
April 27, 2020 Filing 448 CONTINUATION OF EXHIBITS by Matthew Fero. to #447 Declaration,,,, #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) Exhibit K - SLIP SHEET - Screen Shots re Plaintiff Church filed by Matthew Fero. (Attachments: #1 Exhibit L - REDACTED - BCALTAGARONE000001, #2 Exhibit M - REDACTED - TBOOMERSHINE000015, #3 Exhibit N - REDACTED - 3.11.2020 Matarzzo to Carney, #4 Exhibit O -3.19.2020 Carney to Matarazzo, #5 Exhibit P - SLIP SHEET - 4.27.2016 email, #6 Exhibit Q - REDACTED - Boomershine MedAmerica Contract, #7 Exhibit R - Caltagarone LBS Cenclear Contract, #8 Exhibit S - REDACTED - Screen Shots of Caltagarone Information, #9 Exhibit T - REDACTED - Excerpts of Boomershine deposition)(Matarazzo, Hadley)
April 27, 2020 Filing 447 DECLARATION re #446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) filed by Matthew Fero Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion to Strike and for Sanctions filed by Matthew Fero. (Attachments: #1 Exhibit A - Plaintiffs First Set of RFPs to Excellus Defendants, #2 Exhibit B - Excellus Responses Plaintiffs First RFPs, #3 Exhibit C - 4.29.2016 Jensen to Matarazzo re Custodial ESI, #4 Exhibit D - Plaintiffs Interrogatories to Excellus Defendants, #5 Exhibit E - REDACTED Excellus Defendants Response to Plaintiffs Interrogatories, #6 Exhibit F - Final J. Keddell Deposition Notice and RFP, #7 Exhibit G - Defendants' Responses to Keddell RFPs, #8 Exhibit H - REDACTED 3.2.2020 Carney to Bruns re Keddell Document Production, #9 Exhibit I - SLIP SHEET Deposition Testimony of Keddell, #10 Exhibit J - SLIP SHEET Keddell Production emails 2019 2020)(Matarazzo, Hadley)
April 27, 2020 Filing 446 MOTION to Strike #422 Continuation of Exhibits,,,, #437 Sealed Document Defendants' Exhibit 56 (Keddell Declaration) by Matthew Fero.(Matarazzo, Hadley). Added MOTION for Sanctions on 4/28/2020 (JLV).
April 27, 2020 Filing 445 MOTION to Seal by Matthew Fero.(Matarazzo, Hadley)
April 8, 2020 Opinion or Order Filing 444 ORDER granting Plaintiffs' request for an adjournment to file a reply in support of class certification by April 27, 2020. Signed by Hon. Elizabeth A. Wolford on 4/8/2020. (BK)
April 6, 2020 E-Filing Notification: #443 MOTION to appear pro hac vice on behalf of Daniel Laytin ( Filing fee $ 200 receipt number 0209-3788795.), #442 MOTION to appear pro hac vice on behalf of Zachary Holmstead ( Filing fee $ 200 receipt number 0209-3788774.)E-Filing Notification: regarding. The Court's forms must be used found on our website at www.nywd.uscourts.gov or if retyped be identical. Action required: please resubmit the following forms using the Continuation of Exhibits event for each Attorney seeking Pro Hac Vice admission: Sponsoring Affidavit (MD)
April 3, 2020 Filing 443 MOTION to appear pro hac vice on behalf of Daniel Laytin ( Filing fee $ 200 receipt number 0209-3788795.) by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
April 3, 2020 Filing 442 MOTION to appear pro hac vice on behalf of Zachary Holmstead ( Filing fee $ 200 receipt number 0209-3788774.) by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
April 1, 2020 Filing 441 TEXT ORDER: The motion of Brian Kavanaugh, Esq. to withdraw as counsel to defendant Blue Cross Blue Shield Association #440 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/1/2020. (DAZ)-CLERK TO FOLLOW UP-
March 31, 2020 Filing 440 MOTION to Withdraw as Attorney on behalf of Brian Kavanaugh, but with Kirkland & Ellis LLP to continue representation, by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
March 27, 2020 Opinion or Order Filing 439 ORDER granting Plaintiffs request for a ten-day extension to the current class certification briefing schedule. Signed by Hon. Elizabeth A. Wolford on 3/27/2020. (BK)
March 11, 2020 Opinion or Order Filing 438 ORDER granting Plaintiffs request for a three week extension to the Courts certification schedule. Signed by Hon. Elizabeth A. Wolford on 3/10/2020. (BK)
February 14, 2020 Filing 437 Sealed Documents as to #422 Continuation of Exhibits. (Attachments: #1 422-8, #2 422-11) (BK)
February 14, 2020 Filing 436 Sealed Documents as to #421 Continuation of Exhibits. (Attachments: #1 421-12) (BK)
February 14, 2020 Filing 435 Continuation of Sealed Documents as to #420 Continuation of Exhibits. Unable to attach exhibit 420-15. (Attachments: #1 420-13, #2 420-14, #3 420-16, #4 420-17) (BK)
February 14, 2020 Filing 434 Sealed Documents as to #420 Continuation of Exhibits. (Attachments: #1 420-2, #2 419-3, #3 420-4, #4 420-5, #5 420-6, #6 420-7, #7 420-8, #8 420-9, #9 420-11) (BK)
February 14, 2020 Filing 433 Sealed Documents as to #419 Declaration. (Attachments: #1 419-2, #2 419-3, #3 419-5, #4 419-7, #5 419-8, #6 419-9, #7 419-10, #8 419-12, #9 419-13, #10 419-14, #11 419-15, #12 419-16, #13 419-17, #14 419-18) (BK)
February 14, 2020 Filing 432 Sealed Document as to #418 Response. (BK)
February 14, 2020 Filing 431 Sealed Document as to #417 Motion. (BK)
February 14, 2020 Filing 430 Sealed Exhibits as to #387 Motion to Certify Class. (Attachments: #1 Ex DD, #2 Ex EE, #3 Ex F, #4 Ex G, #5 Ex H, #6 Ex I, #7 Ex J, #8 Ex JJ, #9 Ex K, #10 Ex L, #11 Ex LL, #12 Ex M, #13 Ex N, #14 Ex NN, #15 Ex O, #16 Ex OO, #17 Ex P, #18 Ex Q, #19 Ex R, #20 Ex S, #21 Ex T, #22 Ex V, #23 Ex W, #24 Ex Z) (BK)
February 13, 2020 Filing 429 MEMORANDUM in Support re #387 MOTION to Certify Class WITH COURT ORDERED REDACTIONS AND REDACTED EXHIBITS E, AA, BB, CC, KK, and XX, PURSUANT TO TEXT ORDER DKT. #423 filed by Matthew Fero. (Attachments: #1 Exhibit E - Jorgensen Initial Report_REDACTED, #2 Exhibit AA - EXC01025910_REDACTED, #3 Exhibit BB - EXC01025733_REDACTED, #4 Exhibit CC - Jones Depo_REDACTED, #5 Exhibit KK - Jorgensen Rebuttal Report_REDACTED_1, #6 Exhibit XX - Jorgensen Rebuttal Report (Ferrante)_REDACTED)(Matarazzo, Hadley)
February 6, 2020 Filing 428 Sealed Exhibits B, D, and E to [414-1] Memorandum. (Attachments: #1 Exhibit D, #2 Exhibit E) (BK)
February 6, 2020 Filing 427 Sealed Document re #417 Motion. (Attachments: #1 Memorandum in Support) (BK)
February 6, 2020 Filing 426 Sealed Document re #416 Motion. (Attachments: #1 Declaration, #2 Proposed Order) (BK)
February 5, 2020 Filing 425 CONTINUATION OF EXHIBITS to #388 Declaration,, #387 MOTION to Certify Class Exhibit HH. (Attachments: #1 Exhibit PP)(Matarazzo, Hadley)
February 4, 2020 Filing 424 TEXT ORDER granting #415 Motion to Seal and #416 Motion to Seal. Defendants seek permission to file under seal portions of their respective oppositions to Plaintiffs' motion for class certification and their joint motion to exclude certain expert testimony. The Court has reviewed the proposed redactions and, consistent with its prior orders in this case, finds that they are necessary to protect private health and other personally identifiable information and to protect non-public, confidential information regarding cyber security. The Court further finds that the potential harm from disclosure of such information outweighs the presumption of public access. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/04/2020. (CDH)
February 4, 2020 Filing 423 TEXT ORDER granting in part and denying in part #386 Motion to Seal. Plaintiffs seek leave to seal portions of their motion for class certification. The Court previously found (Dkt. 398) that the motion to seal lacked sufficient information to warrant sealing and afforded the parties an opportunity to submit additional reasons why sealing was necessary. The Excellus Defendants subsequently sent a letter to the Court indicating that they had no objection to the public filing of Exhibits HH and PP. No other party has objected to the public filing of these documents. Accordingly, Plaintiffs' motion to seal is denied as to these exhibits, and Plaintiffs are instructed to file unredacted versions on the public docket. With respect to Exhibits E, AA, BB, CC, KK, and XX, the parties have submitted proposed redacted versions that allow non-confidential portions to be made publicly available. The Court accordingly denies the motion to seal with respect to the non-confidential portion of these documents, and instructs that the proposed redacted versions be filed on the public docket. The Court grants the motion to seal in all other respects. As set forth in the Excellus Defendants' letter to the Court, the requested sealing is necessary to protect against the disclosure of private health and other personally identifying information, to avoid creating security risks, to maintain confidentiality regarding law enforcement investigations, and to protect confidential and proprietary trade secrets and business information. The Court finds that the prospective harm from disclosure of such information outweighs the presumption of public access. Plaintiffs shall provide unredacted versions of all sealed documents to the Clerk of Court in an electronic format for filing under seal. Plaintiffs shall further file a redacted version of their memorandum of law that comports with this Text Order. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/04/2020. (CDH)
January 29, 2020 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #416 Consent MOTION to Seal . (BK)
January 29, 2020 Filing 422 CONTINUATION OF EXHIBITS by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit 46 - Matthew Fero Member Contract, #2 Exhibit 47 - Barbara Palmer Evidence of Coverage, #3 Exhibit 48 - Stollenwerk order denying class cert, #4 Exhibit 49 - Identity protection scorecard, #5 Exhibit 50 - GAO Report, #6 Exhibit 51 - Fraud impact report, #7 Exhibit 52 - 4iQ Preliminary Results, #8 Exhibit 53 - Identity Guard correspondence, #9 Exhibit 54 - Jonathan Orszag Deposition Testimony, #10 Exhibit 55 - Bruce Jones Deposition Testimony, #11 Exhibit 56 - James Keddell Declaration)(Carney, David)
January 29, 2020 Filing 421 CONTINUATION OF EXHIBITS by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Attachments: #1 Exhibit 36 - Anthony Ferrante Report (slip sheet), #2 Exhibit 37 - Screenshots, #3 Exhibit 38 - Greg Allenby Deposition Transcript, #4 Exhibit 39 - Preston Certificate of Coverage, #5 Exhibit 40 - Jim Haefner Deposition Testimony, #6 Exhibit 41 - Kelly Wheeless Deposition Testimony, #7 Exhibit 42 - Notice of privacy practices policy, #8 Exhibit 43 - Excellus Health Plan, Inc. Examination, #9 Exhibit 44 - Group health plan policy, #10 Exhibit 45 - Jonathan Orszag Report)(Carney, David)
January 28, 2020 Filing 420 CONTINUATION OF EXHIBITS by MedAmerica, Inc., Univera Healthcare. filed by MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit 19 - Barbara Palmer Notification Letter, #2 Exhibit 20 - Don Korn Deposition Testimony (slip sheet), #3 Exhibit 21 - Don Korn Notification Letter, #4 Exhibit 22 - Andres Curbelo Deposition Testimony (slip sheet), #5 Exhibit 23 - Andres Curbelo Tax Form, #6 Exhibit 24 - Roger Carroll Deposition Testimony (slip sheet), #7 Exhibit 25 - Bank Subpoena Reponse, #8 Exhibit 26 - Cindy Harden Deposition Testimony (slip sheet), #9 Exhibit 27 - Robert Kwit Deposition Testimony (slip sheet), #10 Exhibit 28 - Time and Miles Spent Notes, #11 Exhibit 29 - Cathryn Kwit Deposition Testimony (slip sheet), #12 Exhibit 30 - Smith Interrogatory Answers, #13 Exhibit 31 - Sharon Smith Deposition Testimony (slip sheet), #14 Exhibit 32 - James Smith Deposition Testimony (slip sheet), #15 Exhibit 33 - James Van Dyke Deposition Testimony (slip sheet), #16 Exhibit 34 - Identity Guard Deep & Dark Web Evaluation, #17 Exhibit 35 - Sovereign Intelligence Report)(Carney, David)
January 28, 2020 Filing 419 DECLARATION signed by David A. Carney filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc., Lifetime Benefit Solutions, Inc., MedAmerica, Inc. filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc., Lifetime Benefit Solutions, Inc., MedAmerica, Inc.. (Attachments: #1 Exhibit 1 - Robert Anderson report (slip sheet), #2 Exhibit 2 - Federico Campbell report (slip sheet), #3 Exhibit 3 - Robert Anderson Deposition Testimony (slip sheet), #4 Exhibit 4 - OPM Data Breach Article, #5 Exhibit 5 - John Jorgensen Deposition Testimony (slip sheet), #6 Exhibit 6 - Capital Blue Cross hearing transcript, #7 Exhibit 7 - Brenda Caltagarone Deposition Testimony (slip sheet), #8 Exhibit 8 - Dwayne Church Deposition Testimony, #9 Exhibit 9 - Therese Boomershine Deposition Testimony, #10 Exhibit 10 - Matthew Fero Deposition Testimony (slip sheet), #11 Exhibit 11 - Dwayne Church Interrogatories, #12 Exhibit 12 - Carole Preston Deposition Testimony (slip sheet), #13 Exhibit 13 - Carlos Martinho Deposition Testimony (slip sheet), #14 Exhibit 14 - Carlos Martinho Interrogatories, #15 Exhibit 15 - Nina Mottern Deposition Testimony, #16 Exhibit 16 - Harold Jackling Deposition Testimony, #17 Exhibit 17 - Harold Jackling Police Report (slip sheet), #18 Exhibit 18 - Barbara Palmer Deposition Testimony (slip sheet))(Carney, David)
January 28, 2020 Filing 418 RESPONSE in Opposition re #387 MOTION to Certify Class filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Carney, David)
January 28, 2020 Filing 417 MOTION to Exclude Expert Declarations of James Van Dyke and Greg Allenby by Blue Cross and Blue Shield Association, Excellus BlueCross BlueShield, Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Attachments: #1 Memorandum in Support of Motion to Exclude, #2 Text of Proposed Order)(Feldstein, Robyn)
January 28, 2020 Filing 416 Consent MOTION to Seal by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc.. (Attachments: #1 Declaration of David Carney in Support of Motion to Seal, #2 Text of Proposed Order)(Carney, David)
January 28, 2020 Filing 415 MOTION to Seal Exhibits B, D, and E by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
January 28, 2020 Filing 414 MEMORANDUM in Opposition re #387 MOTION to Certify Class filed by Blue Cross and Blue Shield Association. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit C, #4 Exhibit F, #5 Exhibit G)(D'Antonio, Thomas)
January 27, 2020 Filing 413 Sealed Document - Exhibit I to Hadley Matarazzo's Sur-Reply Declaration [410-1]. (Attachments: #1 Unredacted version of Plaintiffs' Sur-Reply Memorandum of Law #410 )(DAZ)
January 27, 2020 Opinion or Order Filing 412 ORDER granting defendants request to file a brief in opposition that is no longer than 60 pages and plaintiff's request to file a reply brief no longer than 35 pages. Signed by Hon. Elizabeth A. Wolford on 1/27/2020. (BK)
January 24, 2020 Opinion or Order Filing 411 ORDER granting #409 Plaintiffs' Motion For Leave to File Under Seal. Signed by Hon. Jeremiah J. McCarthy on 1/24/20. (DAZ)
January 24, 2020 Filing 410 REPLY to Response to Motion re #221 MOTION to Compel Plaintiffs' Sur-Reply in Further Support of Motion to Compel Production of Documents on Privilege Log filed by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Further Support of Plaintiffs' Motion to Compel, #2 Exhibit I - excerpts of Deposition of Jason Rebholz (subject to pending Motion to Seal), #3 Exhibit J - Excellus Notice Template to Customers)(Matarazzo, Hadley)
January 24, 2020 Filing 409 MOTION to Seal Exhibit I to Sur-Reply Declaration of Hadley L. Matarazzo and portions of Plaintiffs' Sur-Reply Memorandum of Law by Matthew Fero.(Matarazzo, Hadley)
January 14, 2020 Filing 407 Mediation Certification by Bennett Picker. Not settled, mediation to continue.(AGW)
January 13, 2020 Opinion or Order Filing 408 ORDER that the due date for defendants' opposition to plaintiffs' class certification motion and corresponding Daubert motions related to class certification is amended from January 21,2020 to January 28,2020.The due date for plaintiffs' reply brief in support of their motion for classcertification, their opposition to defendants' Daubert motions, and any Daubertmotions is amended from March 6,2020 to March 13,2020. Signed by Hon. Elizabeth A. Wolford on 1/13/2020. (BK)
January 8, 2020 Filing 406 TEXT ORDER: As agreed to by counsel at yesterday's telephonic conference, the Excellus defendants shall provide me with hard copies of the redacted version of their Ex Parte Sur-reply that was served on plaintiffs. Plaintiffs' response to the Excellus defendants Ex Parte Sur-Reply shall be filed by January 24, 2020. The Excellus defendants' reply, if any, shall be filed by February 7, 2020, and it may address plaintiffs' recent citation to the December 19, 2019 Order in In re: Dominion Dental Services USA, Inc. Data Breach Litigation, 19 cv-1050 (E.D.Va. 2019). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/8/20. (DAZ)
January 7, 2020 Filing 405 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 1/7/2020 to set briefing schedule. Text order to follow. APPEARANCES: Hadley L. Matarazzo, Joshua Mankoff for plaintiffs; Edward John Jacobs, Jennifer A. Beckage, Robyn Feldstein, Kelli Mulder for defendants. (FTR GOLD) (DAZ)
December 12, 2019 Filing 404 Stipulation-Selection of Mediator by Matthew Fero(Matarazzo, Hadley)
December 4, 2019 Filing 403 NOTICE by Thomas Albrecht, Therese Boomershine, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Andres Curbelo, Matthew Fero, Cindy Harden, Don Korn, Cathryn Kwit, Robert Kwit, Carlos Martinho, Nina Mottern, Barbara A. Palmer, Carole Preston, James J. Smith, Jr, Sharon C. Smith - Notice of Change of Firm Name (Johns, Benjamin)
December 3, 2019 Filing 402 Sealed Document: Unredacted Version of Dkt 381-5. (BK)
December 3, 2019 CALENDAR EVENT : Status Conference set for 1/7/2020 at 04:00 PM before Hon. Jeremiah J. McCarthy. (DAZ)
December 3, 2019 Filing 401 INTERIM DECISION AND ORDER REGARDING PRIVILEGE. A further conference will be held on January 7, 2020 at 4:00 p.m. to set a deadline for plaintiffs' response. Signed by Hon. Jeremiah J. McCarthy on 12/3/19. (DAZ)
December 2, 2019 Filing 400 CERTIFICATE OF SERVICE by Matthew Fero re 398 Text Order,,, Certificate of Service of Dkt. 398 (Text Order) on Counsel for FireEye, Inc. (Bruns, Kathryn)
December 1, 2019 Filing 399 CONTINUATION OF EXHIBITS to #381 Memorandum in Opposition to Motion, Unredacted Exhibit E (381-6) Report of Jonathan M. Orszag dated September 13, 2019. (Matarazzo, Hadley)
November 27, 2019 Filing 398 TEXT ORDER re #386 Motion to Seal. Plaintiffs seek leave to seal portions of their motion for class certification (Dkt. 387). However, Plaintiffs have given no substantive reasons for their sealing requests, but instead have noted that the documents in question contain material designated confidential by either the Excellus Defendants or third party FireEye. This is insufficient to overcome the presumption of public access. Accordingly, by no later than December 16, 2019, any party who maintains that the documents in question should be sealed (including the Excellus Defendants and FireEye) must submit, in camera, a letter to the Court setting forth the substantive reasons that sealing is warranted. Plaintiffs' counsel is instructed to serve a copy of this Text Order on FireEye by email and regular mail no later than December 2, 2019, and to file proof of service of the same. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/27/2019. (CDH)
November 27, 2019 Filing 397 TEXT ORDER granting in part and denying in part #380 Motion to Seal. Plaintiffs seek leave to seal two exhibits submitted in opposition to the Excellus Defendants' motion for clarification (Dkt. 376). With respect to the expert report of Jonathan M. Orszag, the Court previously entered a Text Order (Dkt. 382) finding no clear basis to seal this document. The Excellus Defendants subsequently sent the Court an email confirming that they did not object to the public filing of Mr. Orszag's report. Accordingly, to the extent Plaintiffs seek leave to seal Mr. Orszag's expert report under seal, their request is denied. Plaintiffs shall file an unredacted version of Mr. Orszag's report by no later than December 2, 2019. The Court grants Plaintiffs' motion to seal in all other respects. Plaintiffs seek to seal personal identifying and financial information, and the Court finds that their interest in maintaining the confidentiality of this information and the potential harm to them if such information was made publicly available outweighs the presumption of public access. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/27/2019. (CDH)
November 22, 2019 Filing 396 MEMORANDUM IN SUPPORT re #387 MOTION to Certify Class Plaintiffs' Redacted Memorandum of Law in Support of Plaintiffs' Motion for Class Certification byMatthew Fero. (Matarazzo, Hadley)
November 22, 2019 Filing 395 DECLARATION re #387 MOTION to Certify Class filed by Matthew Fero Declaration of Lynn A. Toops. (Attachments: #1 Exhibit 1)(Matarazzo, Hadley)
November 22, 2019 Filing 394 DECLARATION re #387 MOTION to Certify Class filed by Matthew Fero Declaration of Eric H. Gibbs. (Matarazzo, Hadley)
November 22, 2019 Filing 393 DECLARATION re #387 MOTION to Certify Class filed by Matthew Fero Declaration of James J. Bilsborrow. (Matarazzo, Hadley)
November 22, 2019 Filing 392 CONTINUATION OF EXHIBITS to #388 Declaration,, Exhibit VV - part 4 of 4. (Matarazzo, Hadley)
November 22, 2019 Filing 391 CONTINUATION OF EXHIBITS to #388 Declaration,, Exhibit VV - part 3 of 4. (Matarazzo, Hadley)
November 22, 2019 Filing 390 CONTINUATION OF EXHIBITS to #388 Declaration,, Exhibit VV - part 2 of 4. (Matarazzo, Hadley)
November 22, 2019 Filing 389 CONTINUATION OF EXHIBITS to #388 Declaration,, Exhibit VV - part 1 of 4. (Matarazzo, Hadley)
November 22, 2019 Filing 388 DECLARATION re #387 MOTION to Certify Class filed by Matthew Fero Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion for Class Certification. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit U, #6 Exhibit X, #7 Exhibit Y, #8 Exhibit FF, #9 Exhibit GG, #10 Exhibit II, #11 Exhibit MM, #12 Exhibit QQ, #13 Exhibit RR, #14 Exhibit SS, #15 Exhibit TT, #16 Exhibit UU, #17 Exhibit WW)(Matarazzo, Hadley)
November 22, 2019 Filing 387 MOTION to Certify Class by Matthew Fero.(Matarazzo, Hadley)
November 22, 2019 Filing 386 MOTION to Seal Documents in Support of Plaintiffs' Motion for Class Certification by Matthew Fero.(Matarazzo, Hadley)
November 21, 2019 Filing 385 STIPULATION of Dismissal of Plaintiff Edward Trumble by Matthew Fero. (Matarazzo, Hadley)
November 14, 2019 Opinion or Order Filing 384 ORDER granting Plaintiffs' request to file a memorandum of law that is no longer than 50 pages. Signed by Hon. Elizabeth A. Wolford on 11/13/2019. (BK)
October 23, 2019 Filing 383 REPLY to Response to Motion re #376 MOTION for Clarification filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit A - Fero Interrogatory Responses)(Carney, David)
October 22, 2019 Filing 382 TEXT ORDER re #380 Motion to Seal. Plaintiffs have asked the Court for permission to file Plaintiffs' deposition transcripts and the expert report of Jonathan M. Orszag under seal. With respect to Mr. Orszag's expert report, Plaintiffs state that they have made this request because the Excellus Defendants designated Mr. Orszag's expert report confidential pursuant to the terms of the stipulated protective order, and that the substantive reasons for the confidentiality designation are solely within the knowledge of the Excellus Defendants. The Court has reviewed Mr. Orszag's expert report and finds that it is not clear from the face of the document why it should be filed under seal. If it is the Excellus Defendants' position that Mr. Orszag's expert report should not be publicly accessible, they must submit to the Court a letter setting forth the reasons supporting sealing by no later than October 25, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/22/2019. (CDH)
October 16, 2019 Filing 381 MEMORANDUM in Opposition re #376 MOTION for Clarification filed by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Response to Defendants' Motion for Clarification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (omitted and subject to pending motion to seal), #6 Exhibit E (omitted and subject to pending motion to seal))(Matarazzo, Hadley)
October 16, 2019 Filing 380 MOTION to Seal Exhibits D and E to Declaration of Hadley L. Matarazzo in Response to Defendants' Motion for Clarification by Matthew Fero.(Matarazzo, Hadley)
October 2, 2019 Filing 379 TEXT ORDER denying #378 Motion for Extension of Time to File Response/Reply. To the extent possible, the Court intends to address the legal issue raised in the Excellus Defendants' motion for clarification (Dkt. 376) prior to the deadline for filing class certification motions. Accordingly, the Court denies Plaintiffs' request to extend the briefing schedule. The briefing schedule on the motion for clarification previously issued by the Court (Dkt. 377) remains in effect. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/02/2019. (CDH)
September 30, 2019 Filing 378 MOTION for Extension of Time to File Response/Reply as to #376 MOTION for Clarification by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Support of Motion for Extension, #2 Exhibit 1, #3 Exhibit 2, #4 Memorandum in Support)(Matarazzo, Hadley)
September 25, 2019 Filing 377 TEXT ORDER re #376 Motion for Clarification. Responses are due on or before October 16, 2019. Replies are due on or before October 23, 2019. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/25/2019. (CDH)
September 24, 2019 Filing 376 MOTION for Clarification by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Memorandum in Support of Motion for Clarification, #2 Declaration of David A. Carney in Support of Motion for Clarification, #3 Exhibit 1 - Excerpts from Allenby report, #4 Exhibit 2 - Excerpts from Van Dyke report, #5 Exhibit 3 - Excellus correspondence, #6 Exhibit 4 - Plaintiffs' response letter, #7 Exhibit 5 - Allenby deposition excerpts, #8 Exhibit 6 - Van Dyke deposition excerpts)(Carney, David)
September 10, 2019 E-Filing Notification regarding #369 STIPULATION AND ORDER and 370 TEXT ORDER: The Clerk has replaced documents #142 , #143 , #144 , #166 , and #167 with redacted copies, marked docket #146 as stricken and sealed, and performed other follow-up as instructed. (LB)
September 10, 2019 Filing 370 TEXT ORDER. Pursuant to the Stipulated Order entered on August 30, 2019, upon agreement of the parties (Dkt. 369), the Court hereby orders the Affidavit of Todd Jones in Support of Plaintiffs' Motion for Reconsideration dated March 22, 2017 (Dkt. 146) stricken from the public record. The Clerk of Court is instructed to place the document under seal. The parties may continue to cite to the document in future court filings, and the document shall remain a part of the case record in the event of an appeal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 09/10/2019. (CDH) -CLERK TO FOLLOW UP-
August 30, 2019 Opinion or Order Filing 369 STIPULATION AND ORDER. Signed by Hon. Elizabeth A. Wolford on 8/29/2019. (BK)
July 26, 2019 TEXT ORDER: The joint request for an adjournment of the July 26, 2019 conference is granted. The parties have advised the court that they have reached an agreement regarding the issues described in the parties' June 21 and 24, 2019 letters to the Court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/26/19. (DAZ)
July 12, 2019 Filing 368 REPLY/RESPONSE to re #367 Reply/Response Excellus Defendants' Response to Plaintiffs' Reply with Exhibit A filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Jacobs, Edward)
July 11, 2019 Filing 367 REPLY/RESPONSE to re #358 Objections -- non-motion, #364 Reply/Response, #359 Objections -- non-motion filed by Matthew Fero. (Attachments: #1 Exhibit A)(Matarazzo, Hadley)
July 10, 2019 Filing 366 REVISED DISCOVERY PLAN. SO ORDERED. Signed by Hon. Jeremiah J. McCarthy on July 10, 2019. (DAZ)
July 10, 2019 Filing 365 TEXT ORDER: The joint request for an adjournment of the July 10, 2019 conference is granted. The parties have advised the court that they have reached an agreement regarding an adjustment to the Case Management Order and are in the process of negotiating a resolution to the issues described in the parties June 21, and 24, 2019 letters to the court. The conference is rescheduled for July 26, 2019 at 3:00 PM. If a resolution is reached before the scheduled conference date, the parties will alert the court and the conference will be adjourned. Counsel may appear in person or participate by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/10/19. (DAZ)
July 8, 2019 Filing 364 REPLY/RESPONSE to re #358 Objections -- non-motion in Plaintiffs' Letter Brief & Challenges to Defendants' Supp'l Privilege Log filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Jacobs, Edward)
July 3, 2019 Filing 363 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/24/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/24/2019. Redacted Transcript Deadline set for 8/5/2019. Release of Transcript Restriction set for 10/1/2019. (CM)
June 27, 2019 Filing 362 AFFIDAVIT of Service for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on Kroll Information Assurance, LLC on 06/11/2019, filed by Thomas Albrecht, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Andres Curbelo, Matthew Fero, Cindy Harden, Harold Jackling, Don Korn, Cathryn Kwit, Robert Kwit, Nina Mottern, Barbara A. Palmer, James J. Smith, Jr, Sharon C. Smith, Edward Trumble. (Matarazzo, Hadley)
June 27, 2019 Filing 361 AFFIDAVIT of Service for Proof of Service of Subpoena to Testify at a Deposition in a Civil Action served on Jason Rebholz on 06/07/2019, filed by Thomas Albrecht, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Andres Curbelo, Matthew Fero, Cindy Harden, Harold Jackling, Don Korn, Cathryn Kwit, Robert Kwit, Nina Mottern, Barbara A. Palmer, James J. Smith, Jr, Sharon C. Smith, Edward Trumble. (Matarazzo, Hadley)
June 27, 2019 Filing 360 AFFIDAVIT of Service for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on FireEye, Inc. on 06/07/2019, filed by Thomas Albrecht, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Andres Curbelo, Matthew Fero, Cindy Harden, Harold Jackling, Don Korn, Cathryn Kwit, Robert Kwit, Nina Mottern, Barbara A. Palmer, James J. Smith, Jr, Sharon C. Smith, Edward Trumble. (Matarazzo, Hadley)
June 25, 2019 *** MOTION TERMINATED *** #343 Motion for Extension of Time to File granted per 357 . (DAZ)
June 24, 2019 Filing 359 OBJECTIONS - Highlighted Excellus Supplemental Privilege Log filed with #358 filed by Plaintiff Matthew Fero.. (Matarazzo, Hadley) (Main Document 359 replaced on 6/25/2019) (DAZ).
June 24, 2019 Filing 358 OBJECTIONS to the Excellus Defendants' amended privilege log filed by Plaintiff Matthew Fero.. (Matarazzo, Hadley)
June 24, 2019 Filing 357 TEXT ORDER: For the reasons stated on the record at today's proceeding, plaintiffs' motion for an extension #343 is granted, without prejudice to the Excellus defendants' right to file a motion seeking their attorney's fees and costs associated with plaintiffs' motion. Based on plaintiffs' representation that their objections to the Excellus defendants' amended privilege log will be filed today, the Excellus defendants' response shall be filed by July 8, 2019. The parties shall meet and confer concerning the discovery dispute identified in plaintiffs' June 21, 2019 letter and unless the parties advise that the issue has been resolved, a conference concerning that dispute is scheduled for July 10, 2019 at 10:30 a.m. If there are any other discovery disputes, including the need to extend the current Case Management Order #308 , they shall be brought to my attention by letter sufficiently in advance of the conference and will also be addressed informally at that time. Counsel may appear in person or participate by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/24/19. (DAZ)
June 24, 2019 CALENDAR EVENT : Status Conference set for 7/10/2019 at 10:30 AM before Hon. Jeremiah J. McCarthy. (DAZ)
June 24, 2019 Filing 356 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral argument held on 6/24/2019 re plaintiffs' motion for an extension #343 . APPEARANCES: Hadley L. Matarazzo, Joshua Mankoff, David M. Berger (via telephone), James Bilsborrow (via telephone), Vess Miller (via telephone), Kathryn Lee Bruns for plaintiffs; Edward John Jacobs, Jennifer A. Beckage, David A. Carney (via telephone) for defendants. (FTR GOLD) (DAZ)
June 10, 2019 Filing 355 TEXT ORDER: The motion of Sunil Shenoi, Esq. for pro hac vice admission #354 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/10/19. (DAZ)
June 6, 2019 Attorney Lawrence F. Thompson terminated. (BK)
June 5, 2019 Filing 354 MOTION to appear pro hac vice on behalf of Sunil Shenoi ( Filing fee $ 150 receipt number 0209-3475352.) by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
June 5, 2019 Filing 353 TEXT ORDER granting #352 Motion to Withdraw as Attorney. The Clerk of Court is instructed to terminate Robert Calihan as an attorney of record for plaintiff Lawrence F. Thompson. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/05/2019. (CDH)-CLERK TO FOLLOW UP-
June 5, 2019 Filing 352 MOTION to Withdraw as Attorney by Lawrence F Thompson.(Calihan, Robert)
May 24, 2019 Opinion or Order Filing 351 ORDER -- Oral argument previously set for June 13, 2019 is rescheduled for June 24, 2019 at 2:00 p.m. before Hon. Jeremiah J. McCarthy. Signed by Hon. Jeremiah J. McCarthy on 5/24/2019. (JRA)
May 23, 2019 Filing 350 Letter filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. as to Univera Healthcare, Blue Cross and Blue Shield Association, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. Requesting Rescheduling of Motion Date to June 19, 2019. (Beckage, Jennifer)
May 21, 2019 Opinion or Order Filing 349 ORDER -- Oral argument of plaintiffs' motion for an extension #343 is scheduled for June 13, 2019 at 2:00 p.m. Counsel may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the oral argument. Signed by Hon. Jeremiah J. McCarthy on 5/21/2019. (JRA)
May 20, 2019 Filing 348 MEMORANDUM in Support re #343 MOTION for Extension of Time to File letter brief - Plaintiffs' Reply Memorandum of Law in Further Support of Motion for Extension of Time filed by Matthew Fero. (Matarazzo, Hadley)
May 20, 2019 Filing 347 DECLARATION re #343 MOTION for Extension of Time to File letter brief filed by Matthew Fero Reply Declaration of Hadley L. Matarazzo filed by Matthew Fero. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G)(Matarazzo, Hadley)
May 13, 2019 Filing 346 MEMORANDUM in Opposition re #343 MOTION for Extension of Time to File letter brief challenging Supp'l Privilege Log filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration of Edward J. Jacobs, Esq., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Jacobs, Edward)
May 6, 2019 Filing 345 Sealed Document - Unredacted version of the Declaration of Hadley Matarazzo in Support of Plaintiffs' Motion to Extend [343-1]. (Attachments: #1 Exhibit C to Declaration of Hadley Matarazzo [343-4] - Part I, #2 Part II, #3 Part III)(DAZ)
May 6, 2019 Filing 344 TEXT ORDER : Plaintiffs' motion to seal #342 portions of their motion for an extension #343 is granted. Responses to the plaintiffs' motion for an extension #343 shall be filed by May 13, 2019, and replies, if any, shall be filed by May 20, 2019, after which time the motion #343 will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/6/19. (DAZ)
May 3, 2019 Filing 343 MOTION for Extension of Time to File letter brief by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo (redacted pending motion to seal), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C (redacted pending motion to seal), #5 Memorandum in Support)(Matarazzo, Hadley)
May 3, 2019 Filing 342 MOTION to Seal portions of Plaintiffs' Motion to Extend by Matthew Fero.(Matarazzo, Hadley)
April 30, 2019 Filing 341 Sealed Deposition Transcript RE: #336 Response. (BK)
April 30, 2019 Filing 340 Sealed Document Re: #335 Motion. (Attachments: #1 Exhibit Q, #2 Proposed Sur-Sur Reply) (BK)
April 30, 2019 Filing 339 Sealed Document re #332 . (Attachments: #1 Exhibit 1, #2 Exhibit 2) (BK)
April 30, 2019 Filing 338 REPLY/RESPONSE to re #300 MOTION to Strike 146 Affidavit in Support of Motion , #336 Response in Opposition to Motion,, Plaintiffs' Sur-Sur-Reply filed by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Support of Sur Sur Reply, #2 Exhibit Q)(Matarazzo, Hadley)
April 30, 2019 Filing 337 TEXT ORDER granting #334 Motion to Seal; granting #335 Motion to File Sur-Sur-Reply. Plaintiffs may file their proposed sur-sur-reply by no later than May 2, 2019. No further briefing will be permitted in connection with the motion to strike, nor will the parties be permitted to file sur-replies in connection with future motion practice barring exceptional circumstances. Consistent with the Court's prior orders in this case, Plaintiffs may file the identified portions of the sur-sur-reply under seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/30/2019. (CDH)
April 29, 2019 Filing 336 RESPONSE in Opposition re #300 MOTION to Strike 146 Affidavit in Support of Motion Excellus Defendants' Sur-Reply in Opposition to Motion to Strike and Amend filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit 1 (Deposition Transcript), #2 Exhibit 2 (Email))(Carney, David)
April 26, 2019 Filing 335 MOTION for Leave to File Sur-Sur-Reply by Matthew Fero. (Attachments: #1 Proposed Sur-Sur-Reply, #2 Declaration of Hadley L. Matarazzo in Support of Motion for Leave to File Sur-Sur-Reply, #3 Exhibit Q)(Matarazzo, Hadley)
April 26, 2019 Filing 334 MOTION to Seal portions of Plaintiffs' Motion for Leave to File a Sur-Sur-Reply by Matthew Fero.(Matarazzo, Hadley)
April 26, 2019 Filing 333 TEXT ORDER granting #325 Consent Motion to Seal and #332 Motion for Leave to File a Sur-Reply. Consistent with its prior orders in this matter, the Court grants Plaintiffs' request to file portions of their reply memorandum in support of their motion to strike under seal. The Court finds that sealing is warranted in order to prevent the disclosure of sensitive personal information. The Court further grants Defendants' motion for leave to file a sur-reply, and to seal the identified portions of the proposed sur-reply. Defendants shall file their sur-reply by no later than April 30, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/26/2019. (CDH)
April 17, 2019 Filing 332 MOTION for Leave to File Sur-Reply in Opposition to Motion to Strike and Amend by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Proposed Excellus Defendants' Sur-Reply to Plaintiffs' Motion to Stike and Amend)(Carney, David)
April 17, 2019 Filing 331 TEXT ORDER: The motion of defendant Blue Cross Blue Shield Association to remove Jessica Staiger, Esq. as one of its attorneys of record #329 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/17/19. (DAZ)-CLERK TO FOLLOW UP-
April 15, 2019 Filing 330 ANSWER to #312 Amended Complaint,, Second Consolidated Master by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare.(Carney, David)
April 15, 2019 Filing 329 MOTION to Withdraw as Attorney filed on behalf only of Jessica L. Staiger, Esq., upon her acceptance of employment as internal counsel; Kirkland & Ellis, Ms. Staiger's former employer, to remain as one of the law firms representing the Blue Cross & Blue Shield Association by Blue Cross and Blue Shield Association.Associated Cases: 6:15-cv-06569-EAW-JJM et al.(D'Antonio, Thomas)
April 15, 2019 Filing 328 ANSWER to #312 Amended Complaint,, Answer and Affirmative Defenses with respect to Plaintiffs' Second Amended Consolidated Master Complaint by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
April 15, 2019 Filing 327 Sealed Documents as to #319 and #320 . (Attachments: #1 Exhibit 1, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16) (BK)
April 12, 2019 Filing 326 DECLARATION re #300 MOTION to Strike 146 Affidavit in Support of Motion , #325 Reply/Response filed by Matthew Fero Reply Declaration of Hadley L. Matarazzo filed by Matthew Fero. (Attachments: #1 Exhibit P (subject to pending motion to seal))(Matarazzo, Hadley)
April 12, 2019 Filing 325 REPLY/RESPONSE to re #300 MOTION to Strike 146 Affidavit in Support of Motion Plaintiffs' Reply Memorandum of Law in Further Support of Their Motion to Strike and Amend filed by Matthew Fero. (Matarazzo, Hadley)
April 12, 2019 Filing 324 Consent MOTION to Seal portions of Plaintiffs' Reply to Motion to Strike by Matthew Fero.(Matarazzo, Hadley)
April 9, 2019 Filing 323 TEXT ORDER granting #299 Motion to Seal; #319 Motion to Seal. The Court finds that sealing of the identified portions of the papers submitted in support of Plaintiffs' motion to strike (Dkt. 300; Dkt. 301) and Defendants' response thereto (Dkt. 318; Dkt. 320) is warranted, in order to prevent the disclosure of sensitive personal information and/or discussion of how such information can be found on the dark web. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (individual privacy interests may outweigh the presumption of public access to judicial documents). Accordingly, the Court grants the parties' respective motions to seal. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/09/2019. (CDH).
April 9, 2019 Opinion or Order Filing 322 ORDER granting the Defendants until April 15, 2019 to file an Answer to the Plaintiffs' Second Amended Consolidated Master Complaint. Signed by Hon. Elizabeth A. Wolford on 4/9/2019. (BK)
April 9, 2019 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #321 Proposed Pretrial Order Joint (Pltfs, Excellus Dfnts & BCBS Assn.) Stipulation for Extension to File Answer to Pltfs' Second Amended Consolidated Master Complaint, to and including April 15, 2019 by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Carney, David) (BK)
April 8, 2019 Filing 321 Proposed Pretrial Order Joint (Pltfs, Excellus Dfnts & BCBS Assn.) Stipulation for Extension to File Answer to Pltfs' Second Amended Consolidated Master Complaint, to and including April 15, 2019 by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Carney, David)
April 8, 2019 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #318 MOTION to Seal Document in support of Excellus Dfnts' Response to Pltfs' Motion to Strike and Amend. (BK)
April 5, 2019 Filing 320 DECLARATION signed by David A. Carney, Esq. re #300 MOTION to Strike 146 Affidavit in Support of Motion filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. in support of Excellus Dfnts' Response/Opposition to Pltfs' Motion to Strike and Amend filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Carney, David)
April 5, 2019 Filing 319 MEMORANDUM in Opposition re #300 MOTION to Strike 146 Affidavit in Support of Motion filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Carney, David)
April 5, 2019 Filing 318 MOTION to Seal Document in support of Excellus Dfnts' Response to Pltfs' Motion to Strike and Amend by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration of David A. Carney, Esq. in support of Excellus Dfnts' Unopposed Motion for Leave to File Under Seal Excellus Dfnts' Response to Pltfs' Motion to Strike and Amend, #2 Text of Proposed Order)(Carney, David)
April 2, 2019 Filing 317 AMENDED DOCUMENT by Matthew Fero. Amendment to #301 Declaration, AMENDED Document 301-5 - EXHIBIT E. (Matarazzo, Hadley)
April 2, 2019 Filing 316 AMENDED DOCUMENT by Matthew Fero. Amendment to #301 Declaration, AMENDED Document 301-4 - EXHIBIT D. (Matarazzo, Hadley)
April 2, 2019 Filing 315 AMENDED DOCUMENT by Matthew Fero. Amendment to #301 Declaration, AMENDED Document 301-3 - EXHIBIT C. (Matarazzo, Hadley)
March 26, 2019 Filing 314 NOTICE of Appearance by Robyn Mara Feldstein on behalf of Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc. (Feldstein, Robyn)
March 25, 2019 Filing 313 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/18/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/15/2019. Redacted Transcript Deadline set for 4/25/2019. Release of Transcript Restriction set for 6/24/2019. (CM)
March 25, 2019 Filing 312 AMENDED COMPLAINT SECOND against All Defendants, filed by Edward Trumble, Sharon C. Smith, Cindy Harden, Cathryn Kwit, Matthew Fero, James J. Smith, Jr, Andres Curbelo, Nina Mottern, Barbara A. Palmer, Dwayne Church, Roger A. Carroll, D.D.S., Harold Jackling, Robert Kwit, Thomas Albrecht, Brenda Caltagarone, Don Korn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Matarazzo, Hadley)
March 25, 2019 Opinion or Order Filing 311 ORDER granting #306 Motion to Seal. Signed by Hon. Elizabeth A. Wolford on 3/22/2019. (BK)
March 22, 2019 Filing 310 RESPONSE to Motion re #299 MOTION to Seal Exhibits C and E, and portions of Exhibits D and F to the Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion to Strike and Amend the Record filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc.. (Carney, David)
March 20, 2019 Filing 309 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/8/2019, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Christi A. Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/10/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/18/2019. (CM)
March 20, 2019 Filing 308 REVISED DISCOVERY PLAN/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Jeremiah J. McCarthy on 3/20/19. (DAZ)
March 18, 2019 Filing 307 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference to discuss proposed discovery plan held on 3/18/2019. APPEARANCES: Hadley L. Matarazzo, Joshua Mankoff (via telephone), David M. Berger (via telephone), Kathryn Lee Bruns (via telephone), Lynn A. Toops (via telephone), Vess A. Miller (via telephone), James J. Bilsborrow (via telephone) for plaintiffs; Edward John Jacobs, Jessica A. Beckage, David A. Carney (via telephone), John G. Schmidt, Jr. (via telephone), Jessica L. Staiger (via telephone) for defendants. (FTR GOLD) (DAZ)
March 18, 2019 Filing 306 Consent MOTION to Seal Plaintiffs' Second Amended Consolidated Master Complaint by Matthew Fero.(Matarazzo, Hadley)
March 15, 2019 Filing 305 TEXT ORDER. The Court having received a stipulation signed by counsel for all parties, Plaintiffs are hereby granted leave to file the proposed Second Amended Master Consolidated Complaint. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/15/2019. (CDH)
March 15, 2019 Filing 304 Redacted Version of the Court's March 4, 2019 Decision and Order #293 addressing plaintiff's motion to compel #221 . (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ)
March 15, 2019 Filing 303 TEXT ORDER re #299 Motion to Seal, #300 Motion to Strike. Defendants' response to the motion to seal is due by March 22, 2019. Defendants' response to the motion to strike is due by April 5, 2019. Plaintiffs' reply on the motion to strike is due by April 12, 2019. Upon receipt of all papers the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/15/2019. (CDH)
March 14, 2019 Filing 302 MEMORANDUM IN SUPPORT re #300 MOTION to Strike 146 Affidavit in Support of Motion byMatthew Fero. (Matarazzo, Hadley)
March 14, 2019 Filing 301 DECLARATION re #300 MOTION to Strike 146 Affidavit in Support of Motion filed by Matthew Fero . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Matarazzo, Hadley)
March 14, 2019 Filing 300 MOTION to Strike 146 Affidavit in Support of Motion by Matthew Fero.(Matarazzo, Hadley)
March 14, 2019 Filing 299 MOTION to Seal Exhibits C and E, and portions of Exhibits D and F to the Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion to Strike and Amend the Record by Matthew Fero.(Matarazzo, Hadley)
March 14, 2019 Filing 298 TEXT ORDER: A conference to address the proposed discovery plan is set for 3/18/2019 at 03:00 PM before Hon. Jeremiah J. McCarthy. The parties may appear in person or participate by telephone in the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/14/19. (DAZ)
March 8, 2019 Filing 297 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: APPEARANCES: Stephen G. Schwarz, Esq., Kathryn Lee Bruns, Esq., Hadley L. Matarazzo, Esq., Joshua Mankoff, Esq.; via telephone: James L. Bilsborrow, Esq., David M. Berger, Esq., Vess A. Miller, Esq. for plaintiffs; Jennifer A. Beckage, Esq., David A. Carney, Esq., Edward John Jacobs, Esq.; via telephone: Jessica L. Staiger, Esq., Emily Fedeles, Esq. for defendants; Wayne Travell, Esq. for non-party interest. Status Conference held on 3/8/2019. Discussion with parties regarding correspondence received by the court related to plaintiffs expert. (Court Reporter Christi Macri.) (DPS)
March 8, 2019 Filing 296 TEXT ORDER. The status conference set for today, March 8, 2019, at 2:30 p.m. is reset for today, March 8, 2019, at 3:00 p.m. at the United States Courthouse, 100 State Street, Rochester, New York. Please note that this is a time change only. Counsel that have been granted permission to appear by phone should call-in at the rescheduled time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/08/2019. (CDH).
March 7, 2019 Filing 295 TEXT ORDER: The joint motion 294 to extend the deadline for a revised proposed discovery plan is granted. On or before March 13, 2019 the parties will submit a proposed revision of the current scheduling deadlines. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/7/19. (DAZ)
March 7, 2019 Filing 294 Joint MOTION for Extension of Time to File a Revised Proposed Discovery Plan.(DAZ)
March 4, 2019 *** MOTION TERMINATED *** #221 Motion to Compel granted in part and denied in part per #293 . (DAZ)
March 4, 2019 Filing 293 Sealed Document - Decision and Order addressing plaintiff's motion to compel #221 (filed under seal). (DAZ) Modified title on 3/15/2019 (DAZ).
February 20, 2019 Filing 292 TEXT ORDER. The Court is in receipt of the parties' recent correspondence concerning Plaintiffs' expert Mr. Jones. A status conference is hereby scheduled for Friday, March 8, 2019, at 2:30 p.m. to discuss the matter further. No motion addressed to the issue may be filed until after the status conference, and counsel are encouraged to discuss the matter in good faith in an attempt to resolve the disputes. Counsel may participate in the status conference in person or by telephone. Requests to appear telephonically shall be submitted to the Court by March 1, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/20/2019. (CDH)(CDH)
February 1, 2019 Filing 291 TEXT ORDER: At today's conference the parties have agreed to a presumptive limit of 21 hours for the Rule 30(b(6) depositions of Excellus witnesses scheduled for later this month, without allocating time among those witnesses. This agreement is without prejudice to plaintiffs' right to seek (and defendants' right to oppose) an extension of that time limit or the ability to take fact depositions of the same witnesses. On or before March 8, 2019 the parties will submit a proposed revision of the current scheduling deadlines. Meanwhile, those deadlines will be held in abeyance. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/1/19. (DAZ)
February 1, 2019 Filing 290 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 2/1/2019. Discussion regarding discovery issues raised in correspondence dated January 19 and 24 to the court. Text order to follow. APPEARANCES: Kathryn Lee Bruns, Hadley L. Matarazzo, Joshua Mankoff (via telephone) for plaintiffs; Jennifer A. Beckage, David M. Berger (via telephone), Lynn A. Toops (via telephone), Edward John Jacobs (via telephone), David A. Carney (via telephone), Jessica L. Staiger (via telephone) for defendants. (FTR GOLD) (DAZ)
January 29, 2019 Filing 289 TEXT ORDER: Because of the anticipated inclement weather, the January 31, 2019 conference is rescheduled to February 1, 2019 at 10:00 a.m. The parties may appear for the conference in person or participate by telephone. For those participating by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/29/19. (DAZ)
January 24, 2019 Filing 288 TEXT ORDER : The parties joint request to reschedule the January 29, 2019 conference is granted. The conference concerning the discovery dispute raised in plaintiffs' January 19, 2019 letter is rescheduled for January 31, 2019 at 1:30 PM before Hon. Jeremiah J. McCarthy. Counsel may appear in person or participate by telephone upon advance notice to chambers. To participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/24/19. (DAZ)
January 22, 2019 Filing 287 TEXT ORDER : A conference concerning the discovery dispute raised in plaintiffs' January 19, 2019 letter is scheduled for January 29, 2019 at 2:00 p.m. The Excellus defendants shall submit a letter response by January 25, 2019. Counsel may appear in person or participate by telephone upon advance notice to chambers. To participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/22/19. (DAZ)
November 8, 2018 Filing 286 Letter filed by Matthew Fero as to Univera Healthcare, Blue Cross and Blue Shield Association, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. as per Order 285 Plaintiffs' Letter Supplement Re: Genesco, Inc. v. Visa U.S.A., Inc.. (Matarazzo, Hadley)
November 2, 2018 Filing 285 TEXT ORDER: In accordance with yesterday's oral argument, by November 8, 2018 plaintiffs may file a letter brief addressing the Excellus defendants' reliance on Genesco, Inc. v. Visa U.S.A., Inc., 302 F.R.D. 168 (M.D. Tenn 2014). When the transcript of today's oral argument is received by the parties, they shall confer and submit to me mutually agreeable redactions to the publicly filed version. Until that occurs, the digital audio recording of today's argument will remain sealed. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/2/18. (DAZ)
November 1, 2018 Filing 284 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 11/1/2018. Text order to follow. APPEARANCES: Kathryn Lee Bruns, Hadley L. Matarazzo, Josh Mankoff, for plaintiffs; Jennifer A. Beckage, Edward John Jacobs, David A. Carney, John G. Schmidt, Jr., Emily Fedeles (via telephone), Jessica L. Staiger (via telephone) for defendants. (FTR GOLD) (DAZ)
October 29, 2018 Filing 283 Sealed Document - Exhibit H to Matarazzo Reply Declaration #281 . (Attachments: #1 Unredacted version of plaintiffs' Reply Memorandum of Law in further support of their motion to compel [281-2])(DAZ)
October 26, 2018 Filing 282 TEXT ORDER : Defendants having informed my chambers that they have no objection to plaintiffs' motion for leave to file under seal #280 , that motion is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/26/18. (DAZ)
October 26, 2018 Filing 281 DECLARATION re #221 MOTION to Compel filed by Matthew Fero Reply Declaration of Hadley L. Matarazzo filed by Matthew Fero. (Attachments: #1 Exhibit H, #2 Plaintiffs' Reply Memorandum of Law (Redacted))(Matarazzo, Hadley)
October 26, 2018 Filing 280 MOTION to Seal Plaintiffs' Reply Memorandum of Law and Exhibit H to Matarazzo Reply Declaration by Matthew Fero.(Matarazzo, Hadley)
October 19, 2018 Filing 279 TEXT ORDER: Pursuant to the Court's Order of October 1, 2018 (Dkt. 263 in Civil Case No. 15-cv-6569), and no party having filed any objections thereunder, the Clerk of Court is instructed to administratively terminate Civil Case Nos. 15-cv-6577, 15-cv-6584, 15-cv-6598, 15-cv-6641, 15-cv-6643, 15-cv-6651, 15-cv-6652, 15-cv-6684, 15-cv-6685, 15-cv-6700, 15-cv-6683, 15-cv-6710, and 15-cv-6739. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/19/2018. -CLERK TO FOLLOW UP-
October 15, 2018 Filing 278 Sealed Document - Unredacted Version of the Excellus Defendants' Opposition #273 to Plaintiffs' Motion to Compel #221 , with supporting Exhibits 1 [273-1] and [273-2]. (Attachments: #1 Exhibit 1, #2 Exhibit 2; #3 Declaration of Jason Rebholz #275 in Support of the Excellus Defendants' Opposition to Plaintiffs' Motion to Compel #221 , #4 Declaration of Randy Gainer #276 in Support of the Excellus Defendants' Opposition to Plaintiffs' Motion to Compel #221 )(DAZ)
October 15, 2018 Filing 277 TEXT ORDER: The Excellus defendants' unopposed motion for leave to file under seal #272 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/15/18. (DAZ)
October 12, 2018 Filing 276 DECLARATION signed by Randy Gainer re #221 MOTION to Compel filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. Opposition to Plainitffs' Motion to Compel (Filed Under Seal) filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Jacobs, Edward)
October 12, 2018 Filing 275 DECLARATION signed by Jason Rebholz re #221 MOTION to Compel filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. In Opposition to Plaintiff's Motion to Compel filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Jacobs, Edward)
October 12, 2018 Filing 274 DECLARATION signed by Edward J. Jacobs, Esq. re #221 MOTION to Compel filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. In Opposition to Plaintiff's Motion to Compel Production of Documents on Privilege Log filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Jacobs, Edward)
October 12, 2018 Filing 273 MEMORANDUM in Opposition re #221 MOTION to Compel Production of Documents on Privilege Log filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Exhibit 1 to MOL (Investigation Report), #2 Exhibit 2 to MOL (Remediation Report))(Jacobs, Edward)
October 12, 2018 Filing 272 MOTION to Seal Documents in support of Excellus Defendants Opposition to Plaintiffs' Motion to Compel by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Declaration Edward J. Jacobs, Esq. in support of Excellus Dfnts' Motion for Leave to File Under Seal, #2 Text of Proposed Order)(Jacobs, Edward)
October 12, 2018 Filing 271 Sealed Document - Unredacted version of the Declaration of Michael Semel #223 in support of plaintiffs' motion to compel #221 . (Attachments: #1 Exhibit P to the Semel Declaration [223-4], #2 Exhibit Q to the Semel Declaration [223-5], #3 Memorandum in Support - Plaintiffs' unredacted Memorandum of Law #224 in support of their motion to compel #221 ) (Filed with permission of Hon. Jeremiah J. McCarthy).(DAZ)
October 11, 2018 Filing 270 MEMORANDUM in Support re #221 MOTION to Compel redacted without clawback langauge filed by Matthew Fero. (Bruns, Kathryn)
October 11, 2018 Filing 269 CONTINUATION OF EXHIBITS by Matthew Fero. to #223 Declaration Exhibit Q - redacted, sealed without clawback langauge filed by Matthew Fero. (Bruns, Kathryn)
October 11, 2018 Filing 268 CONTINUATION OF EXHIBITS by Matthew Fero. to #223 Declaration Exhibit P - redacted, sealed without clawback langauge filed by Matthew Fero. (Bruns, Kathryn)
October 11, 2018 Filing 267 DECLARATION signed by Michael Semel re #223 Declaration filed by Matthew Fero redacted without clawback langauge filed by Matthew Fero. (Bruns, Kathryn)
October 5, 2018 Filing 266 NOTICE by Therese Boomershine Notice of Change of Firm Affiliation (Gibbs, Eric)
October 4, 2018 Filing 265 TEXT ORDER: The Joint Revised Proposed Discovery Plan 264 is approved, and the parties will be bound by the schedule set forth therein. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/4/18. (DAZ)
October 1, 2018 *** MOTION TERMINATED *** #238 Motion to Compel resolved per 261 . (DAZ)
October 1, 2018 Filing 263 TEXT ORDER: Pursuant to the Court's Orders of November 5, 2015 (Dkt. #27 ), and November 10, 2015 (Dkt. 28 ), Civil Case Nos. 15-cv-6577, 15-cv-6584, 15-cv-6598, 15-cv-6641, 15-cv-6643, 15-cv-6651, 15-cv-6652, 15-cv-6684, 15-cv-6685, 15-cv-6700, 15-cv-6683, 15-cv-6710, and 15-cv-6739 (collectively the "Member Cases") were consolidated into the instant matter (Civil Case No. 15-cv-6569 (the "Lead Case")). The Court has determined that, for purposes of judicial efficiency, the Member Cases should be administratively terminated. Any party objecting to the administrative termination of the Member Cases must file such objection in the Lead Case only on or before October 15, 2018. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/01/2018. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CDH) Modified on 10/1/2018 to correct case number for lead case. (CDH).
September 26, 2018 CALENDAR EVENT : Oral Argument set for 11/1/2018 at 02:00 PM before Hon. Jeremiah J. McCarthy. (DAZ)
September 26, 2018 Filing 262 TEXT ORDER: As agreed to by the parties, the Excellus defendants' response to plaintiffs' motion to compel #221 shall be filed by October 12, 2018, plaintiffs' reply, if any, shall be filed by October 26, 2018, and oral argument is scheduled for November 1, 2018 at 2:00 p.m. Counsel may appear in person or participate by telephone. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/26/18. (DAZ)
September 17, 2018 Filing 261 TEXT ORDER: For the reasons stated on the record at today's oral argument: (1) the set of questions and answers ("Q&A") (Bates Nos. EXC086319-EXC086323) is privileged and plaintiffs concede that they are unable to establish a substantial need for that document. By October 8, 2018 the Excellus defendants shall confirm whether the Q&A was disclosed to a third party. If so, any attorney-client and attorney work product privileges are waived, and the document shall be produced to plaintiffs; and (2) the notes of the September 9 and 17 meetings (Bates Nos. EXC086313-EXC086317) are not privileged, and in any event plaintiffs have established a substantial need for these documents. By September 24, 2018 the Excellus defendants shall inform the court and plaintiffs whether they request a written decision of my oral rulings. If a written decision is requested, the deadline for filing objections will be stayed until the written decision is filed. Briefing of plaintiffs' motion to compel #221 will also remain in abeyance pending resolution of the Excellus defendants' motion to compel #238 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/17/18. (DAZ)
September 17, 2018 Filing 260 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument/Status Conference held on 9/17/2018 re clawback motion. Text order to follow. APPEARANCES: Kathryn Lee Bruns, Hadley L. Matarazzo, Josh Mankoff, James J. Bilsborrow (via telephone), David M. Berger (via telephone), Lynn A. Toops (via telephone) for plaintiffs; Jennifer A. Beckage, Edward John Jacobs, John G. Schmidt, Jr., Emily Fedeles (via telephone), Jessica L. Staiger (via telephone) for defendants. (FTR GOLD) (DAZ)
September 14, 2018 Filing 259 TEXT ORDER: The Excellus defendants' unopposed motion for an extension #258 is granted. The September 13, 2018 deadline for the Excellus defendants to submit a letter providing factual detail supportive of their proposed period for completion of fact discovery 257 is extended to September 21, 2018. If necessary, a deadline for plaintiffs' response will be set upon the submission of that letter. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/14/18. (DAZ)
September 13, 2018 Filing 258 Excellus defendants' motion for extension of deadlines (Edward J. Jacobs, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy). (DAZ)
September 6, 2018 Filing 257 TEXT ORDER: The Excellus defendants' unopposed motion for an extension of deadlines #256 is granted. The deadline for the Excellus defendants to submit a letter providing factual detail supportive of their proposed period for completion of fact discovery and to move, if necessary, for a protective order is extended to September 13, 2018 at 3:00 p.m. If necessary, a deadline for plaintiffs' response will be addressed at the September 17, 2018 conference 243 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/06/18. (DAZ)
September 6, 2018 Filing 256 Excellus defendants' motion for extension of deadlines (Edward J. Jacobs, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy).(DAZ)
September 4, 2018 Filing 255 Sealed Document - Unredacted version of the Jacobs' Declaration in support of the Excellus defendants' motion to compel #254 . (Attachments: #1 Unredacted version of Exhibit 7 to the Jacobs' Declaration [254-1], #2 Unredacted version of the Excellus defendants' Reply Memorandum of Law in further support of their motion to compel [254-2])(DAZ)
August 31, 2018 Filing 254 DECLARATION re #238 MOTION to Compel to Compel Plaintiffs to Return and Destroy the Protected Documents filed by Univera Healthcare, Blue Cross and Blue Shield Association, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Excellus BlueCross BlueShield, Lifetime Healthcare, Inc. filed by Univera Healthcare, Blue Cross and Blue Shield Association, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Excellus BlueCross BlueShield, Lifetime Healthcare, Inc.. (Attachments: #1 Exhibit 7- Relevant Portions of Excellus Defendants' Confidential Response & Objections to Plaintiffs' 1st Reqs for Production, #2 Memorandum in Support)(Schmidt, John)
August 30, 2018 Filing 253 TEXT ORDER : Plaintiffs' counsel having advised my chambers that plaintiffs have no opposition to the Excellus defendants' requests to file their reply in further support of their motion to compel #238 under seal and to replace Exhibit 3 to that motion [238-6] with a properly redacted version, those requests are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/30/18. (DAZ)
August 30, 2018 Filing 252 TEXT ORDER: At the Excellus defendants' request and without opposition from plaintiffs, the August 31, 2018 deadline for the Excellus defendants to submit a letter providing factual detail supportive of their proposed period for completion of fact discovery and to move, if necessary, for a protective order 218 is extended to September 7, 2018, the deadline for plaintiffs' response is extended to September 14, 2018, and these issues will be addressed at the September 17, 2018 conference 243 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/30/18. (DAZ)
August 30, 2018 Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 8/20/2018, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2018. Redacted Transcript Deadline set for 10/1/2018. Release of Transcript Restriction set for 11/28/2018. (BK)
August 27, 2018 Filing 250 Sealed Document - Unredacted version of the Matarazzo Declaration #247 (Attachments: #1 Matarazzo Declaration Exhibit A [247-1], #2 Matarazzo Declaration Exhibit B [247-1], #3 Matarazzo Declaration Exhibit C [247-1], #4 Matarazzo Declaration Exhibit D [247-1], #5 Matarazzo Declaration Exhibit J [247-7], #6 Matarazzo Declaration Exhibit K [247-7], #7 Plaintiffs' Unredacted Memorandum of Law #248 )(DAZ)
August 27, 2018 Filing 249 TEXT ORDER: Plaintiffs' motion #246 to file portions of their opposition to the Excellus defendants' motion compel #238 under seal is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/27/18. (DAZ)-CLERK TO FOLLOW UP-
August 24, 2018 Filing 248 MEMORANDUM in Opposition re #238 MOTION to Compel to Compel Plaintiffs to Return and Destroy the Protected Documents filed by Matthew Fero. (Matarazzo, Hadley)
August 24, 2018 Filing 247 DECLARATION re #238 MOTION to Compel to Compel Plaintiffs to Return and Destroy the Protected Documents filed by Matthew Fero Declaration of Hadley L. Matarazzo in Opposition to Defendants' Motion to Compel filed by Matthew Fero. (Attachments: #1 Exhibit A-D, #2 Exhibit E, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J-K)(Matarazzo, Hadley)
August 24, 2018 Filing 246 MOTION to Seal Plaintiffs' Opposition to Defendants' Motion to Compel Plaintiffs to Return and Destroy Documents by Matthew Fero.(Matarazzo, Hadley)
August 21, 2018 Filing 245 Sealed Document - Unredacted Exhibits 1, 3 and 4 to the Jacobs' Declaration [238-3]. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Unredacted Memorandum of Law in support of Motion to Compel [238-1].(DAZ)
August 21, 2018 Filing 244 TEXT ORDER : The Excellus defendants' motion for leave to file under seal #237 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/21/18. (DAZ)
August 21, 2018 Filing 243 TEXT ORDER : As agreed to by counsel at yesterday's conference, oral argument of the Excellus defendants' motion to compel #238 is scheduled for September 17, 2018 at 11:00 a.m. The September 13, 2018 status conference to address the issues raised in my July 26, 2018 Text Order 218 is also moved to September 17, 2018 at 11:00 a.m. Counsel may appear in person or participate by telephone in the September 13, 2018 proceeding. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/21/18. (DAZ)
August 20, 2018 Filing 242 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/20/2018. Text order to follow. APPEARANCES: Kathryn Lee Bruns, Hadley L. Matarazzo, David M. Berger (via telephone), Lynn A. Toops (via telephone) for plaintiffs; Jennifer A. Beckage, David A. Carney, Emily Fedeles (via telephone), Edward John Jacobs (via telephone), John G. Schmidt, Jr., (via telephone) for defendants Excellus Health; Jessica L. Staiger (via telephone) for defendants Blue Cross Blue Shield. (FTR GOLD) (DAZ)
August 20, 2018 Filing 241 NOTICE by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare of Client Consent to Representation, per Local Rule 83.2 (Beckage, Jennifer)
August 20, 2018 Filing 240 NOTICE of Change of Address by Jennifer A. Beckage (Beckage, Jennifer)
August 17, 2018 Filing 239 Letter filed by Univera Healthcare, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. as to Univera Healthcare, Blue Cross and Blue Shield Association, MedAmerica, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. Request for Oral Argument regarding Motion to Compel Plaintiffs to Return and Destroy the Protected Documents filed at Dkt. 238. (Jacobs, Edward)
August 17, 2018 Filing 238 MOTION to Compel to Compel Plaintiffs to Return and Destroy the Protected Documents by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Declaration Edward J. Jacobs, Esq., #4 Exhibit 1 to Jacbs Decl., #5 Exhibit 2 to Jacobs Decl., #6 Exhibit 3 to Jacobs Decl., #7 Exhibit 4 to Jacobs Decl., #8 Exhibit 5 to Jacobs Decl., #9 Exhibit 6 to Jacobs Decl.)(Jacobs, Edward) (Attachment 3 replaced on 8/30/2018) (DAZ).
August 17, 2018 Filing 237 MOTION to Seal Documents in support of Excellus Defendants Motion to Compel Plaintiffs to Return and Destroy Protected Documents by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare.(Jacobs, Edward)
August 17, 2018 Filing 236 TEXT ORDER : A conference to address the discovery dispute raised in the Excellus defendants' August 16, 2018 letter is set for August 20, 2018 at 4:00 p.m. Plaintiffs may respond by August 20, 2018 at 10:00 a.m. Counsel may participate in person or by phone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/17/18. (DAZ)
August 15, 2018 Filing 235 Sealed Document - Unredacted version of plaintiffs' Memorandum of Law in support of their motion to compel #224 . (DAZ)
August 15, 2018 Filing 234 Sealed Document - Unredacted version of the Semel Declaration #223 with Exhibits. (Attachments: - #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H, #7 Exhibit I, #8 Exhibit J1, #9 Exhibit J2, #10 Exhibit J3, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(DAZ)
August 15, 2018 Filing 233 Sealed Document - Exhibit G to the Matarazzo Declaration #222 . (DAZ)
August 15, 2018 Filing 232 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/26/2018, before Judge Marian W. Payson. Court Reporter/Transcriber Chrisiti Macri, email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. (BK)
August 15, 2018 Filing 231 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/25/2018, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Chrisiti Macri, email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. (BK)
August 15, 2018 Filing 230 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/22/2018, before Judge Marian W. Payson. Court Reporter/Transcriber Chrisiti Macri, email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/13/2018. (BK)
August 14, 2018 Filing 229 TEXT ORDER: The briefing schedule for defendants' clawback motion 228 is amended as follows: Defendants' clawback motion, if any, shall be filed by August 17, 2018; plaintiffs' response shall be filed by August 24, 2018; and defendants' reply, if any, shall be filed by August 31, 2018, after which time the motion will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/14/18. (DAZ)
August 13, 2018 Filing 228 TEXT ORDER: Defendants having informed my chambers that they have no objection to plaintiffs' motion to seal #220 , that motion is granted. Defendants' clawback motion, if any, shall be filed by August 23, 2018; plaintiffs' response shall be filed by August 30, 2018; and defendants' reply, if any, shall be filed by September 4, 2018, after which time the motion will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. Until this issue is resolved, the briefing schedule 218 on plaintiffs' motion to compel #221 will be held in abeyance. The September 13, 2018 oral argument will remain scheduled as a status to address the issues identified in the July 26, 2018 Text Order 218 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/13/18. (DAZ)
August 10, 2018 Filing 227 AFFIDAVIT of Service of Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action by Matthew Fero. (Matarazzo, Hadley)
August 7, 2018 Filing 226 NOTICE of Appearance by Anna L.R. Mercado on behalf of Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare (Mercado, Anna)
August 7, 2018 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #225 Proposed Pretrial Order Consent Order Granting Substitution of Attorney by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Mercado, Anna) (BK)
August 6, 2018 Filing 225 Proposed Pretrial Order Consent Order Granting Substitution of Attorney by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Mercado, Anna)
August 3, 2018 Filing 224 MEMORANDUM in Support re #221 MOTION to Compel filed by Matthew Fero. (Matarazzo, Hadley)
August 3, 2018 Filing 223 DECLARATION re #221 MOTION to Compel filed by Matthew Fero filed by Matthew Fero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C to Exhibit O, #4 Exhibit P, #5 Exhibit Q)(Matarazzo, Hadley)
August 3, 2018 Filing 222 DECLARATION re #221 MOTION to Compel filed by Matthew Fero Declaration of Hadley L. Matarazzo filed by Matthew Fero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Matarazzo, Hadley)
August 3, 2018 Filing 221 MOTION to Compel by Matthew Fero.(Matarazzo, Hadley)
August 3, 2018 Filing 220 MOTION to Seal Plaintiffs' Motion to Compel Production of Documents on Excellus Defendants Privilege Log by Matthew Fero.(Matarazzo, Hadley)
August 2, 2018 Filing 219 NOTICE of Appearance by Joshua Mankoff on behalf of All Plaintiffs (Mankoff, Joshua)
July 26, 2018 CALENDAR EVENT : Status Conference set for 9/13/2018 at 11:00 AM before Hon. Jeremiah J. McCarthy. (DAZ)
July 26, 2018 Filing 218 TEXT ORDER: As agreed to by the parties at yesterday's status conference, plaintiffs' motion to compel production of the vendor documents being withheld on privilege grounds shall be filed by August 3, 2018; defendants' response shall be filed by August 24, 2018; plaintiffs' reply, if any, shall be filed by August 31, 2018; and oral argument is scheduled for September 13, 2018 at 11:00 a.m. At the September 13, 2018 oral argument, the parties shall also be prepared to address the entry of a Case Management. To that end, defendants shall submit a letter by August 31, 2018 providing factual detail supportive of their proposed period for completion of fact discovery. By that date, defendants shall also move, if necessary, for a protective order on burdensome grounds. Plaintiffs shall respond to that letter and any motion for a protective order by September 10, 2018. Defendants' letter and motion for a protective order will be addressed at the September 13, 2018 conference. In the interim, the parties shall continue with their agreed upon exchange of discovery. If any other discovery issues arise, they may bring them to my attention and I will either address them on September 13, 2018 or at an earlier scheduled conference, if necessary. Counsel may appear in person or participate by telephone in the September 13, 2018 proceeding. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/26/18. (DAZ)
July 25, 2018 Filing 217 Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/25/2018. Discussion regarding recent correspondence. Update on case. Text order to follow. APPEARANCES: Kathryn Lee Bruns, James J. Bilsborrow, Hadley L. Matarazzo, David M. Berger (via telephone), Lynn A. Toops (via telephone) for plaintiffs; Jennifer A. Beckage, David A. Carney, Emily Fedeles (via telephone), Edward John Jacobs (via telephone) for defendants Excellus Health; Thomas S. D'Antonio (via telephone), Jessica L. Staiger (via telephone) for defendants Blue Cross Blue Shield. (FTR GOLD) (DAZ)
June 28, 2018 Filing 215 TEXT ORDER : A status conference is scheduled for July 25, 2018 at 2:00 p.m. Counsel may appear in person or participate by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/28/18. (DAZ)
June 28, 2018 Filing 214 TEXT ORDER: The motion of Jason T. Dennett, Esq. for pro hac vice admission #213 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/28/18. (DAZ)
June 27, 2018 Confirmed admission to the Washington State Bar for Jason T. Dennett. (BK)
June 26, 2018 Filing 216 Minute Entry for proceedings held before Hon. Marian W. Payson: Telephone Conference held on 6/26/2018. The Court recused itself and explained the basis for the recusal. Counsel was advised the case would be referred to Judge McCarthy for non-dispositive matters.Appearances on behalf of plaintiffs: Kathryn Lee Bruns, Esq., James J. Bilsborrow, Esq., Hadley L. Matarazzo, Esq., David M. Berger, Esq. Appearances on behalf of defendants: Emily Fedeles, Esq., Jennifer A. Beckage, Esq., David A. Carney, Esq., Jessica L. Staiger, Esq., Thomas S. DAntonio, Esq., Edward J. Jacobs, Esq. (CAM)
June 26, 2018 Filing 213 MOTION to appear pro hac vice of Jason T. Dennett; Admission Petition Form; Admission Sponsor Affidavit; Attorney's Oath; Civility Principles Oath; Attorney Database Form; Attorney CM/ECF Registration Form; and Certificate of Good Standing ( Filing fee $ 150 receipt number 0209-3147704.) by Thomas Albrecht, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Matthew Fero, Cindy Harden, Harold Jackling, Don Korn, Cathryn Kwit, Robert Kwit, Nina Mottern, Barbara A. Palmer, Sharon C. Smith, Edward Trumble.(Matarazzo, Hadley)
June 26, 2018 Opinion or Order Filing 212 TEXT ORDER that the referral to Hon. Marian W. Payson (entered by Text Order at docket 202) is vacated for the reasons discussed during today's telephone conference by Judge Payson with counsel and REFERRING CASE to Hon. Jeremiah J. McCarthy for all pretrial matters excluding dispositive motions. Hon. Marian W. Payson no longer assigned to case. Signed by Hon. Elizabeth A. Wolford on 06/26/2018. (LMD)
June 22, 2018 E-Filing Notification (DOCKET ENTRY MODIFIED TO DELETE DIAL IN INSTRUCTIONS): NOTICE: Telephone Conference set for 6/26/2018 at 10:30 AM before Hon. Marian W. Payson. Counsel are directed to dial in to our teleconference center. (KAH) Modified on 6/22/2018 (KAH).
June 20, 2018 Filing 211 NOTICE of Appearance by Edward John Jacobs on behalf of Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare (Jacobs, Edward)
June 20, 2018 NOTICE: Telephone Conference set for 6/26/2018 at 10:30 AM before Hon. Marian W. Payson. Counsel are directed to dial in to our teleconference center. (KAH) Modified on 6/22/2018 (KAH).
June 12, 2018 Filing 210 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 3/28/2016, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Colleen Lounsbury, Telephone number 585-325-3170. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018. Release of Transcript Restriction set for 9/10/2018. (BK)
June 6, 2018 Filing 209 DISCOVERY PLAN by Matthew Fero.(Matarazzo, Hadley)
May 22, 2018 Filing 208 Minute Entry for proceedings held before Hon. Marian W. Payson: Scheduling Conference held on 5/22/2018. Counsel to submit letters by 5/30/18 re: judge/family issue. Letters regarding scheduling deadlines to be submitted by 6/6/18.In-Person Appearances: Kathryn Lee Bruns, Esq., Hadley L. Matarazzo, Esq., Robin L. Greenwald, Esq., James J. Bilsborrow, Esq., Thomas S. DAntonio, Esq., Jennifer Beckage, Esq. By telephone: David A. Carney, Esq., David M. Berger, Esq., Vess A. Miller, Esq., Paul G. Karlsgodt, Esq., Brian P. Kavanaugh, Esq., Emily Fedeles, Esq.(Digital Recording) (CAM)
May 22, 2018 Opinion or Order Filing 207 ORDER granting #206 Motion for Pro Hac Vice. The application of Emily Fedeles to be admitted pro hac vice is granted. Emily Fedeles is admitted pro hac vice to this Court for the purpose of representing defendant in this lawsuit. The admission fee has been paid to the Clerk of the Court. Signed by Hon. Marian W. Payson on 5/22/2018. (KAH)
May 21, 2018 Confirmed admission to Florida state bar for attorney Emily Fedeles. (BK)
May 21, 2018 Filing 206 MOTION to appear pro hac vice Emily Fedeles ( Filing fee $ 150 receipt number 0209-3113368.) by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Sponsoring Affidavit of James A. Sherer, Esq. in Support, #2 Petition of Emily Fedeles, Esq. for PHV Admission, #3 Attorney Oath, #4 Civility Principles Oath, #5 CMECF Registration Form, #6 Attorney Database Form)(Beckage, Jennifer)
May 21, 2018 Filing 205 NOTICE of Appearance by David A. Carney on behalf of Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare (Carney, David)
May 16, 2018 Filing 204 DISCOVERY PLAN by Matthew Fero.(Matarazzo, Hadley)
April 27, 2018 Opinion or Order Filing 203 ORDER (Scheduling Conference set for 5/22/2018 11:40 AM before Hon. Marian W. Payson.) Signed by Hon. Marian W. Payson on 4/27/2018. (KAH)
April 25, 2018 Opinion or Order ORDER REFERRING CASE to Magistrate Judge Hon. Marian W. Payson. Signed by Hon. Elizabeth A. Wolford on 4/25/2018. (BK)
April 24, 2018 Filing 202 TEXT ORDER REFERRING CASE to Magistrate Judge Payson for all pretrial matters excluding dispositive motions. (BK)
April 23, 2018 Filing 201 Excellus Defendants ANSWER to #193 Amended Complaint,, with Affirmative Defenses by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare.(Beckage, Jennifer)
April 23, 2018 Filing 200 Defendant Blue Cross and Blue Shield Association's ANSWER to #193 Amended Complaint,, with affirmative defenses by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
April 13, 2018 Filing 199 NOTICE of Appearance by Vess A. Miller on behalf of Therese Boomershine Associated Cases: 6:15-cv-06569-EAW et al.(Miller, Vess)
April 13, 2018 Opinion or Order Filing 198 ORDER granting Plaintiffs' request to extend the the April 19, 2018 expert disclosure deadline until a Magistrate Judge is assigned, without objection from counsel for Defendants. Signed by Hon. Elizabeth A. Wolford on 04/13/2018. (LMD)
April 9, 2018 Filing 197 Sealed Document. (Amended Consolidated Master Complaint - unredacted.) (LMD) Modified on 4/09/2018. (LMD)
April 9, 2018 Filing 196 TEXT ORDER. The Court will arrange to file under seal the unredacted version of #193 Amended Consolidated Complaint, the redlined proposed version of which the Court previously sealed by #188 Order dated 2/27/2018. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 4/9/2018. (EMS)
March 26, 2018 Filing 195 TEXT ORDER granting #194 Motion to Withdraw as Attorney. Attorney Timothy C. Pickert is terminated from this case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/26/2018. (EMS) -CLERK TO FOLLOW UP-
March 24, 2018 Filing 194 MOTION to Withdraw as Attorney Tim Pickert, formerly employed at Kirkland & Ellis LLP, by Blue Cross and Blue Shield Association.(D'Antonio, Thomas)
March 22, 2018 Filing 193 AMENDED COMPLAINT (REDACTED) AMENDED CONSOLIDATED MASTER COMPLAINT against All Defendants, filed by Edward Trumble, Sharon C. Smith, Cindy Harden, Cathryn Kwit, Matthew Fero, James J. Smith, Jr, Andres Curbelo, Nina Mottern, Barbara A. Palmer, Therese Boomershine, Dwayne Church, Roger A. Carroll, D.D.S., Carole Preston, Robert Kwit, Carlos Martinho, Thomas Albrecht, Brenda Caltagarone, Don Korn. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Matarazzo, Hadley)
March 22, 2018 Filing 192 ***PLEASE DISREGARD - FILED IN ERROR -AMENDED COMPLAINT - TO BE REPLACED BY DOCKET ENTRY 193. Consolidated Master against Blue Cross and Blue Shield Association, Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare, filed by Edward Trumble, Sharon C. Smith, Cindy Harden, Cathryn Kwit, Matthew Fero, James J. Smith, Jr, Andres Curbelo, Nina Mottern, Barbara A. Palmer, Therese Boomershine, Dwayne Church, Roger A. Carroll, D.D.S., Carole Preston, Robert Kwit, Carlos Martinho, Thomas Albrecht, Brenda Caltagarone, Don Korn. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I)(Matarazzo, Hadley) Modified on 3/22/2018 (BK).
March 21, 2018 Filing 191 TEXT ORDER granting #184 Motion for Leave to Amend and to Join New Plaintiffs. The Court is in receipt of a letter from counsel for the Excellus Defendants and a letter from counsel for Blue Cross Blue Shield Association, each dated March 20, 2018, stating that those parties do not object to Plaintiff's #184 Motion for Leave to Amend and to Join New Plaintiffs. Accordingly, the Court grants Plaintiffs' motion, and Plaintiffs may file the Proposed Amended Consolidated Master Complaint. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/21/2018. (EMS)-CLERK TO FOLLOW UP-
March 20, 2018 Opinion or Order Filing 190 ORDER granting joint request to adjourn deadlines in #182 Letter/Order until the Rule 16 Conference with the Magistrate Judge. Signed by Hon. Elizabeth A. Wolford on 3/19/18. (JHF)
February 27, 2018 Filing 189 Sealed Document re: #184 . (LMD)
February 27, 2018 Opinion or Order Filing 188 ORDER granting #185 Motion to Seal Document Exhibit A to #184 MOTION to Amend/Correct #99 Amended Complaint . Signed by Hon. Elizabeth A. Wolford on 03/02/2018. (LMD)
February 27, 2018 Opinion or Order Filing 187 ORDER on #183 Notice of Voluntary Dismissal. Signed by Hon. Elizabeth A. Wolford on 2/27/2018. (BK)
February 27, 2018 Filing 186 TEXT ORDER regarding #184 Motion for Leave to Amend and to Join New Plaintiffs. Responses are due on or before 3/27/2018. Replies are due on or before 4/10/2018. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/27/2018. (EMS)
February 20, 2018 Filing 185 MOTION to Seal Document #184 MOTION to Amend/Correct #99 Amended Complaint,,,,, Motion to Seal Portions of [184-2] Exhibit A to Declaration of Hadley L. Matarazzo by Matthew Fero.(Matarazzo, Hadley)
February 20, 2018 Filing 184 MOTION to Amend/Correct #99 Amended Complaint,,,,, by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo, #2 Exhibit A - Plaintiffs' Proposed Amended Consolidated Master Complaint, #3 Memorandum in Support)(Matarazzo, Hadley)
February 20, 2018 Filing 183 NOTICE of Voluntary Dismissal by Karen Howard, Anthony Parlato (Matarazzo, Hadley)
February 9, 2018 Filing 182 LETTER/ORDER modifying #152 ADR deadlines. Signed by Hon. Elizabeth A. Wolford on 2/9/2018. (BK)
January 19, 2018 Parties Fero, Church, Boomershine and Caltagarone have been reinstated. (BK)
January 19, 2018 Filing 181 DECISION AND ORDER granting #142 Motion for Reconsideration re #140 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction. Plaintiffs' motion for reconsideration is granted #142 , and upon reconsideration, the Excellus Defendants' motion pursuant to Federal Rule of Civil of Procedure 12(b)(1) to dismiss the four non-misuse Plaintiffs (Fero, Church, Boomershine and Caltagarone) is denied. Signed by Hon. Elizabeth A. Wolford on 01/29/2018. (LMD)-CLERK TO FOLLOW UP- Clerk is to reinstate Plaintiffs Fero, Church, Boomershine and Caltagarone).
January 8, 2018 Filing 180 Letter from Hadley L. Matarazzo, dated 9/26/2017, to Hon. Elizabeth A. Wolford. (EMS)
January 8, 2018 Filing 179 Letter from Jennifer A. Beckage, dated 9/22/2017, to Hon. Elizabeth A. Wolford. (EMS)
January 8, 2018 Filing 178 Letter from Jennifer A. Beckage, dated 8/10/2017, to Hon. Elizabeth A. Wolford. (EMS)
January 8, 2018 Filing 177 Letter from Hadley L. Matarazzo, dated 8/3/2017, to Hon. Elizabeth A. Wolford. (EMS)
January 8, 2018 Filing 176 Letter from Jennifer A. Beckage, dated 6/13/2017, to Hon. Elizabeth A. Wolford. (EMS)
January 8, 2018 Filing 175 Letter from Hadley L. Matarazzo, dated 6/7/2017, to Hon. Elizabeth A. Wolford. (EMS)
November 2, 2017 Filing 174 NOTICE of Change of Address by Tina Wolfson Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
May 24, 2017 Filing 171 TEXT ORDER granting #170 Motion to appear pro hac vice as to Kate Warner by Blue Cross and Blue Shield Association. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/24/2017. (EMS) -CLERK TO FOLLOW UP-
May 22, 2017 Filing 173 Sealed Document re #167 . (BK)
May 22, 2017 Filing 172 Sealed Document Re #166 . (BK)
May 22, 2017 Pro Hac Filing fee: $150.00, receipt number ROC009582. (BK)
May 22, 2017 Filing 170 MOTION to appear pro hac vice by Blue Cross and Blue Shield Association. (Attachments: #1 Notice of Motion, #2 Admission Petition Form, #3 Sponsor Affidavit, #4 Attorneys Oath, #5 Civility Principles Oath of Office, #6 Attorney Database Form, #7 Attorney CM/ECF Registration Form) (BK)
May 22, 2017 Opinion or Order Filing 169 ORDER granting #165 Motion to Seal Document #166 Reply to Response to Motion, #167 Reply Affidavit in support to Motion. Signed by Hon. Elizabeth A. Wolford on 05/22/2017. (LMD)
May 17, 2017 Filing 375 Sealed Document. (LB)
May 17, 2017 Filing 374 Sealed Document. (LB)
May 17, 2017 Filing 168 DECLARATION signed by Hadley L Matarazzo re #166 Reply to Response to Motion, #142 MOTION for Reconsideration filed by Matthew Fero filed by Matthew Fero. (Attachments: #1 Exhibit F)(Matarazzo, Hadley)
May 17, 2017 Filing 167 AFFIDAVIT re #166 Reply to Response to Motion, #142 MOTION for Reconsideration Reply Affidavit of John E. Jorgensen by Matthew Fero filed by Matthew Fero. (Matarazzo, Hadley) (Main Document 167 replaced on 9/10/2019) (LB).
May 17, 2017 Filing 166 REPLY to Response to Motion re #142 MOTION for Reconsideration Plaintiffs' Reply Memorandum of Law filed by Matthew Fero. (Matarazzo, Hadley) (Main Document 166 replaced on 9/10/2019) (LB).
May 17, 2017 Filing 165 MOTION to Seal Document with Certificate of Service by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo)(Matarazzo, Hadley)
May 16, 2017 Opinion or Order Filing 164 ORDER granting that the reply memorandum of law plaintiffs are filing will not exceed 12 pages. Signed by Hon. Elizabeth A. Wolford on 5/16/2017. (BK)
May 5, 2017 Filing 163 Sealed Document re #145 Affidavit. (BK)
May 5, 2017 Filing 162 Sealed Document re #144 Declaration. (BK)
May 5, 2017 Filing 161 Sealed Document re #143 Memorandum. (BK)
May 5, 2017 Filing 160 Sealed Document Re #149 Order. (BK)
May 4, 2017 Opinion or Order Filing 159 ORDER granting #153 Motion to Seal Documents. Signed by Hon. Elizabeth A. Wolford on 05/04/2017. (LMD)
May 3, 2017 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #155 Proposed Pretrial Order Granting Motion for Leave to File Under Seal by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Beckage, Jennifer) (BK)
May 3, 2017 Filing 158 DECLARATION re #142 MOTION for Reconsideration filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. of John Miller in Opposition to Motion for Reconsideration filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Attachments: #1 Exhibit 1- Curriculum Vitae, #2 Exhibit 2, #3 Exhibit 3- Magazine, #4 Exhibit 4)(Beckage, Jennifer)
May 3, 2017 Filing 157 DECLARATION re #142 MOTION for Reconsideration filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. of Bruce E. Jones in Opposition to Motion for Reconsideration filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Beckage, Jennifer)
May 3, 2017 Filing 156 MEMORANDUM in Opposition re #142 MOTION for Reconsideration filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Beckage, Jennifer)
May 3, 2017 Filing 155 Proposed Pretrial Order Granting Motion for Leave to File Under Seal by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare. (Beckage, Jennifer)
May 3, 2017 Filing 154 DECLARATION re #153 MOTION to Seal Document filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc. of Jennifer A. Beckage in Support of Motion for Leave to File Under Seal filed by Univera Healthcare, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Beckage, Jennifer)
May 3, 2017 Filing 153 MOTION to Seal Document by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., Univera Healthcare.(Beckage, Jennifer)
May 1, 2017 Filing 152 LETTER/ORDER modifying #108 and #98 CASE MANAGEMENT ORDER. See the PDF to this order for all the modified deadlines. Signed by Hon. Elizabeth A. Wolford on 05/01/2017. (LMD)
April 17, 2017 Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/8/2016, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen Bush, Telephone number (585) 613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/8/2017. Redacted Transcript Deadline set for 5/18/2017. Release of Transcript Restriction set for 7/17/2017. (BK)
March 30, 2017 Opinion or Order Filing 150 ORDER that with the agreement of Plaintiffs' counsel, the Defendants' Answers shall be due 14 days following the Court's decision on the #142 Motion for Reconsideration by Matthew Fero if the motion is denied and Defendants' Answers shall be 30 days following the Court's decision or the filing of any amended pleading, whichever date is later, if the #142 Motion for Reconsideration by Matthew Fero is granted in whole or in part. Signed by Hon. Elizabeth A. Wolford on 03/30/2017. (LMD)
March 23, 2017 Opinion or Order Filing 149 ORDER granting #147 Motion to Seal Documents. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/23/17. (JPL)
March 23, 2017 Filing 148 TEXT ORDER regarding #142 Motion for Reconsideration by Matthew Fero. Responses are due on or before 5/3/2017. Replies are due on or before 5/17/2017. Upon receipt of all papers, the Court will determine if oral argument is necessary, and if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 3/23/2017. (EMS)
March 22, 2017 Filing 373 Sealed Document. (LB)
March 22, 2017 Filing 372 Sealed Document. (LB)
March 22, 2017 Filing 371 Sealed Document. (LB)
March 22, 2017 Filing 147 MOTION to Seal Document #143 Memorandum in Support of Motion, #144 Declaration, #145 Affidavit in Support of Motion, designated portions of #143 , #144 , and #145 by Matthew Fero. (Attachments: #1 Declaration of Hadley L. Matarazzo in Support of Motion to Seal)(Matarazzo, Hadley)
March 22, 2017 Filing 145 AFFIDAVIT in Support re #142 MOTION for Reconsideration Affidavit of John E. Jorgensen in Support of Plaintiffs' Motion for Reconsideration filed by Matthew Fero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Matarazzo, Hadley)
March 22, 2017 Filing 144 DECLARATION re #142 MOTION for Reconsideration filed by Matthew Fero Attorney Declaration of Hadley L. Matarazzo in Support of Plaintiffs' Motion for Reconsideration filed by Matthew Fero. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Matarazzo, Hadley) (Main Document 144 replaced on 9/10/2019) (LB).
March 22, 2017 Filing 143 MEMORANDUM in Support re #142 MOTION for Reconsideration filed by Matthew Fero. (Matarazzo, Hadley) (Main Document 143 replaced on 9/10/2019) (LB).
March 22, 2017 Filing 142 MOTION for Reconsideration by Matthew Fero.(Matarazzo, Hadley) (Main Document 142 replaced on 9/10/2019) (LB).
March 13, 2017 Opinion or Order Filing 141 ORDER Granting defendants until 4/5/2017 to answers the plaintiffs Consolidated Master Complaint. Signed by Hon. Elizabeth A. Wolford on 3/10/2017. (BK)
February 22, 2017 Filing 140 DECISION AND ORDER that the Excellus Defendants motion to dismiss for lack of standing [Dkt. 107] is granted with respect to the four non-misuse plaintiffs (Fero, Church, Boomershine, and Caltagarone). The claims by those plaintiffs are dismissed without prejudice. The Excellus Defendants motion to dismiss for lack of standing is in all other respects denied. The Excellus Defendants motion to dismiss for failure to state a claim [Dkt. 107] is granted in part. Specifically, the motion is granted with respect to Plaintiffs (1) claim for breach of the implied covenant of good faith and fair dealing; (2) GBL 349 claims, but only to the extent that those claims rest on paragraphs 281(d) and (e) of the CMC; (3) negligent misrepresentation claim; (4) CCRA claim; and (5) NJIPPA and NCCIPA claims. The Court dismisses those claims with prejudice, with the exception of Plaintiffs' breach of the implied covenant of good faith and fair dealing claim, which may be pursued as part of Plaintiff's breach of contract claim, and Plaintiffs' negligent misrepresentation claim, which Plaintiffs may attempt to replead. The Excellus Defendants' motion to dismiss is otherwise denied. BCBSAs motion to dismiss for lack of standing [Dkt. 111] is denied. BCBSAs motion to dismiss for failure to state a claim [Dkt. 111] is granted in part. Specifically, the motion is granted with respect to Plaintiffs (1) third-party beneficiary claim; and (2) request for benefit-of-the-bargain damages, and those claims are dismissed with prejudice. The only surviving claim against BCBSA is Plaintiffs GBL 349 claim, to the extent it is not predicated on benefit-of-the-bargain damages. In the event that Plaintiffs seek to attempt to file an amended complaint curing the deficiencies with respect to their negligent misrepresentation claim, they must do so within 20 days of the entry of this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 02/22/2017. Clerk of the Court is directed to terminate Plaintiffs Fero, Church, Boomshine, and Caltagarone as those Plaintiffs are dismissed without prejuduice. (LMD)-CLERK TO FOLLOW UP-
September 8, 2016 Filing 139 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances: Hadley Matarazzo, Esq./pl; James Bilsborrow, Esq. /pl.; Robin Greenwald, Esq./pl. ; Kathryn Lee Bruns, Esq./ ; Paul Karlsgodt, Esq./def. ; Mark J.Moretti, Esq./def. ; Jenifer A. Beckage, Esq. (jb); Adam Feinberg, Esq/def. (f); Thomas D'Antonio, Esq./def. Motion Hearing held on 9/8/2016 re #107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Lifetime Healthcare, Inc., Univera Healthcare, MedAmerica, Inc., Lifetime Benefit Solutions, Inc., Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Excellus Health Plan, Inc., #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (and for lack of standing) filed by Blue Cross and Blue Shield Association. Court reserves decision. (Court Reporter Karen Bush.) (LMD)
September 1, 2016 Filing 138 CONTINUATION OF EXHIBITS by Blue Cross and Blue Shield Association. to #134 Reply to Response to Motion filed by Blue Cross and Blue Shield Association. (D'Antonio, Thomas)
August 30, 2016 Filing 137 NOTICE of Appearance by Adam P Feinberg on behalf of Blue Cross and Blue Shield Association (Feinberg, Adam)
August 23, 2016 Opinion or Order Filing 136 ORDER granting Plaintiffs' letter request for Hadley Matarazzo and James Bilsborrow to argue Plaintiffs' oppositions to Defendants motions at the September 8, 2016 oral argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/23/2016. (LB)
August 19, 2016 Filing 135 DISCOVERY PLAN by Matthew Fero.(Matarazzo, Hadley)
August 8, 2016 Filing 134 REPLY to Response to Motion re #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (and for lack of standing) Reply Memorandum of Law filed by Blue Cross and Blue Shield Association. (D'Antonio, Thomas)
August 8, 2016 Filing 133 REPLY/RESPONSE to re #107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , #122 Declaration, Reply Brief in Support of Motion To Dismiss filed by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Beckage, Jennifer)
August 2, 2016 Filing 132 CLERK TO FOLLOW UP-TEXT ORDER granting #131 Motion to Appear Pro Hac Vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/2/2016. (JWG)
August 1, 2016 Remark: Copy of Order #130 mailed to John Metzler and Wesley Polishuk on 8/2/2016. (LMD)
July 29, 2016 Confirmed Illinois State Bar admission for Jessica L. Staiger. (BK)
July 29, 2016 Filing 131 MOTION to appear pro hac vice for Jessica L. Staiger by Blue Cross and Blue Shield Association. (Attachments: #1 Petition, #2 Attorneys Oath, #3 Sponsoring Affidavit, #4 Oath of Office, #5 Attorney Database, #6 Electronic Filing Form). Received $150.00 fee, receipt ROC008881. (BK)
July 29, 2016 Opinion or Order Filing 130 ORDER re #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (and for lack of standing) filed by Blue Cross and Blue Shield Association granting the Excellus defendants' request for an enlargement of the reply page limit from 20 pages to 25 pages without objection from Plaintiffs' counsel. Signed by Hon. Elizabeth A. Wolford on 07/29/2016. (LMD)
July 14, 2016 Filing 129 MEMORANDUM in Opposition re #111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (and for lack of standing) filed by Matthew Fero. (Matarazzo, Hadley)
July 14, 2016 Filing 128 -CLERK TO FOLLOW UP-TEXT ORDER granting #117 Motion for Pro Hac Vice; granting #118 Motion for Pro Hac Vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/14/2016. (CDH)
July 14, 2016 Filing 127 -CLERK TO FOLLOW UP-TEXT ORDER granting #126 Motion to Withdraw as Attorney. The Clerk of the Court is directed to remove Andrew Finklestein, Esq. as an attorney of record in this matter. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 7/14/2016. (CDH)
July 13, 2016 Filing 126 MOTION to Withdraw as Attorney Notice Of Motion To Withdraw As Attorney For Andrew Finkelstein by Natalie Baldwin, Shalena Hill, Biagio Mormile.(Frei-Pearson, Jeremiah)
July 13, 2016 Filing 125 NOTICE of Appearance by Karin Scholz Jenson on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Jenson, Karin)
July 11, 2016 Filing 124 AFFIDAVIT of Service for Judicial Subpoena Duces Tecum served on non-party Synchrony Financial on 6/28/2016, filed by Matthew Fero. (Matarazzo, Hadley)
July 7, 2016 Filing 123 Sealed Exhibit B. (BK)
July 7, 2016 Filing 122 DECLARATION signed by Hadley L. Matarazzo filed by Matthew Fero in Opposition to Defendant's Motion to Dismiss filed by Matthew Fero. (Attachments: #1 Exhibit A - Excellus Website Frequently Asked Questions page, #2 Exhibit B - Page from Excellus Intrusion Investigation Report by Mandiant (filed under seal), #3 Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss)(Matarazzo, Hadley)
July 7, 2016 Filing 121 -CLERK TO FOLLOW UP-TEXT ORDER re #120 Motion to Seal. A substantial showing of necessity having been made, Plaintiffs' motion to file Exhibit B to Hadley L. Matarazzo's Declaration in Opposition to Defendants' Motion to Dismiss is granted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/07/2016. (CDH)
July 7, 2016 Filing 120 MOTION to Seal Document Exhibit B to Hadley L. Matarazzo Declaration in Opposition to Defendants' Motion to Dismiss, with Certificate of Service by Matthew Fero.(Matarazzo, Hadley)
July 6, 2016 E-Filing Notification: The correct PDF is now attached to the following entry. #119 ORDER granting plaintiffs request for an extension to file a memorandum of law in opposition to Excellus Defendants' Motion to Dismiss that will be filed on 7/7/2016 that is no longer than 40 pages without objection from defendants' counsel. Signed by Hon. Elizabeth A. Wolford on 07/06/2016. (LMD) (Main Document 119 replaced on 7/6/2016) (LMD). (LMD)
July 6, 2016 Opinion or Order Filing 119 ORDER granting plaintiffs request for an extension to file a memorandum of law in opposition to Excellus Defendants' Motion to Dismiss that will be filed on 7/7/2016 that is no longer than 40 pages without objection from defendants' counsel. Signed by Hon. Elizabeth A. Wolford on 07/06/2016. (LMD) (Main Document 119 replaced on 7/6/2016) (LMD).
June 30, 2016 Confirmed Illinois State Bar admission for Timothy Conrad Pickert. (BK)
June 30, 2016 Filing 118 MOTION to appear pro hac vice for Timothy Conrad Pickert by Blue Cross and Blue Shield Association. Received $150.00, receipt #ROC008822. (Attachments: #1 Petition, #2 Attorneys Oath, #3 Sponsoring Affidavit, #4 Oath of Office, #5 Attorney Database, #6 Electronic Filing Form)(BK)
June 30, 2016 Confirmed Illinois State Bar admission for Luke C. Ruse. (BK)
June 30, 2016 Filing 117 MOTION to appear pro hac vice for Luke C. Ruse by Blue Cross and Blue Shield Association. Received $150.00, receipt #ROC008823. (Attachments: #1 Motion, #2 Petition, #3 Attorneys Oath, #4 Sponsor Affidavit, #5 Oath of Office, #6 Attorney Database, #7 Electronic Filing Form)(BK)
June 28, 2016 Mail Returned as Undeliverable re 116 Text Order, sent to Andrew Finklestein. (BK)
June 28, 2016 Filing 116 TEXT ORDER. The Court previously entered an Order (Dkt. 56) requiring all attorneys appearing in this action to register as filing users of the Court's electronic filing system, CM/ECF. Additionally, all attorneys of record are required to be admitted to practice in this Court. As of July 14, 2016, any attorney of record who has failed to become admitted to practice in this Court and/or has failed to register for CM/ECF shall be stricken from the notification list in this case and all member cases. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 6/20/16.
June 21, 2016 Filing 115 -CLERK TO FOLLOW UP-TEXT ORDER granting #110 Motion for Pro Hac Vice. Signed by Hon. Elizabeth A. Wolford on 06/21/2016. (CDH)
June 20, 2016 Filing 114 DISCOVERY PLAN by Matthew Fero.(Matarazzo, Hadley)
June 17, 2016 Filing 113 NOTICE of Appearance by Jeffrey J. Harradine on behalf of Blue Cross and Blue Shield Association (Harradine, Jeffrey)
June 17, 2016 Filing 112 Corporate Disclosure Statement by Blue Cross and Blue Shield Association. (D'Antonio, Thomas)
June 17, 2016 Filing 111 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (and for lack of standing) by Blue Cross and Blue Shield Association. (Attachments: #1 Declaration of Thomas S. D'Antonio, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6A, #9 Exhibit 6B, #10 Memorandum in Support)(D'Antonio, Thomas)
June 16, 2016 Pro Hac Filing fee for Brian P. Kavanaugh, Received: $150.00, receipt number ROC008791. (BK)
June 16, 2016 Filing 110 MOTION to appear pro hac vice for Brian P. Kavanaugh by Blue Cross and Blue Shield Association. (Attachments: #1 Motion, #2 Petition, #3 Attorneys Oath, #4 Sponsoring Affidavit, #5 Oath of Office, #6 Attorney Database Information, #7 Electronic Case Filing Form)(BK)
June 15, 2016 Mail Returned as Undeliverable re #105 Order sent to Andrew Finkelstein. (BK)
June 7, 2016 Filing 109 -CLERK TO FOLLOW UP- TEXT ORDER granting #104 Motion for Admission Pro Hac Vice. Signed by Hon. Elizabeth A. Wolford on 06/07/2016. (CDH)
June 7, 2016 Filing 108 Letter Order modifying #98 Case Management Order. Defendant Blue Cross Blue Shield Association ("BCBSA") shall file its intended motion to dismiss no later than June 17, 2016, Responses shall be due by July 14, 2016. Replies shall be due on or before August 8, 2016. Oral argument shall be held on September 8, 2016. In addition to the discovery plan to be submitted by Plaintiffs and all other Defendants by June 20, 2016, Plaintiffs and BCBSA shall file their discovery plan pursuant to Rule 26(f) on or before August 19, 2016. The ADR schedule is modified to permit selection of a mediator after the Court issues a decision on Defendants' motions to dismiss. Signed by Hon. Elizabeth A. Wolford on 06/07/2016. (LMD)
May 31, 2016 Filing 107 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by Excellus Health Plan, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., Lifetime Healthcare, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Memorandum in Support of Excellus Defendants' motion to dismiss, #2 Affidavit Declaration of Jennifer A. Beckage, Esq. with Exhibits A-C, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Certificate of Service)(Beckage, Jennifer)
May 23, 2016 Opinion or Order Filing 106 ORDER granting Defendants request for an enlargement of the number of pages to file a brief in support of their motion to dismiss from 25 pages to 30 pages and any reply not to heed 20 pages without objection from plaintiffs' counsel and plaintiffs' may also file an response up to 30 pages. Signed by Hon. Elizabeth A. Wolford on 05/23/2016. (LMD)
May 23, 2016 Filing 105 LETTER ORDER granting Plaintiffs' request for an extension of the deadline to exchange Rule 34 requests for production of documents. The deadline is extended to May 25, 2016. Signed by Hon. Elizabeth A. Wolford on 05/23/2016. (CDH)
May 17, 2016 Filing 103 WAIVER OF SERVICE Returned Executed by Edward Trumble, Sharon C. Smith, Cindy Harden, Cathryn Kwit, Matthew Fero, James J. Smith, Jr, Andres Curbelo, Nina Mottern, Barbara A. Palmer, Therese Boomershine, Dwayne Church, Anthony Parlato, Roger A. Carroll, D.D.S., Carole Preston, Robert Kwit, Carlos Martinho, Thomas Albrecht, Brenda Caltagarone, Don Korn, Karen Howard. Blue Cross and Blue Shield Association waiver sent on 4/26/2016, answer due 6/27/2016. (Matarazzo, Hadley)
May 16, 2016 Pro Hac Filing fee: $ 150.00, receipt number ROC008726. Confirmed Florida State Bar Admission for John A. Yanchunis. (BK)
May 16, 2016 Filing 104 MOTION to appear pro hac vice by Margaret Malick, Paul Malick. (Attachments: #1 Notice of Motion, #2 Petition for Admission, #3 Attorney's Oath, #4 Sponsoring Affidavit, #5 Civility Principles, #6 Attorney Database Input Sheet, #7 Electronic Case Filing Form, #8 florida Bar)(BK)
May 5, 2016 Filing 102 SUMMONS Returned Executed by Edward Trumble, Sharon C. Smith, Cindy Harden, Cathryn Kwit, Matthew Fero, James J. Smith, Jr, Andres Curbelo, Nina Mottern, Barbara A. Palmer, Therese Boomershine, Dwayne Church, Anthony Parlato, Roger A. Carroll, D.D.S., Carole Preston, Robert Kwit, Carlos Martinho, Thomas Albrecht, Brenda Caltagarone, Don Korn, Karen Howard. Genesee Region Home Care Association, Inc. d/b/a Lifetime Care served on 4/26/2016, answer due 5/17/2016; Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group served on 4/26/2016, answer due 5/17/2016; Lifetime Benefit Solutions, Inc. served on 4/26/2016, answer due 5/17/2016; MedAmerica, Inc. served on 4/26/2016, answer due 5/17/2016; Univera Healthcare served on 4/26/2016, answer due 5/17/2016. (Matarazzo, Hadley)
April 26, 2016 Filing 101 AFFIDAVIT of Service for Summonses in a Civil Action and Consolidated Master Complaint served on Lifetime Benefit Solutions, Inc.; Genesee Region Home Care Association, Inc. d/b/a Lifetime Care; Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group; MedAmerica, Inc.; and Univera Healthcare on 04/26/2016, filed by Thomas Albrecht, Therese Boomershine, Brenda Caltagarone, Roger A. Carroll, D.D.S., Dwayne Church, Andres Curbelo, Matthew Fero, Cindy Harden, Karen Howard, Don Korn, Cathryn Kwit, Robert Kwit, Carlos Martinho, Nina Mottern, Barbara A. Palmer, Anthony Parlato, Carole Preston, James J. Smith, Jr, Sharon C. Smith, Edward Trumble. (Matarazzo, Hadley)
April 15, 2016 Filing 100 Summons Issued as to Blue Cross and Blue Shield Association, Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, Lifetime Benefit Solutions, Inc., MedAmerica, Inc., Univera Healthcare. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(BK)
April 15, 2016 Filing 99 AMENDED COMPLAINT CONSOLIDATED MASTER COMPLAINT against Excellus Health Plan, Inc., Lifetime Healthcare, Inc., Lifetime Benefit Solutions, Inc., Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, MedAmerica, Inc., Univera Healthcare, Blue Cross and Blue Shield Association, filed by Sharon C. Smith, Matthew Fero, James J. Smith, Jr, Barbara A. Palmer, Therese Boomershine, Anthony Parlato, Carole Preston, Carlos Martinho, Cathryn Kwit, Karen Howard, Robert Kwit, Roger A. Carroll, D.D.S., Andres Curbelo, Brenda Caltagarone, Cindy Harden, Nina Mottern, Thomas Albrecht, Don Korn, Dwayne Church, Edward Trumble. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Summons - Lifetime Benefit Solutions, Inc., #11 Summons - Genesee Region Home Care Association, Inc. d/b/a Lifetime Care, #12 Summons - Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group, #13 Summons - MedAmerica, Inc., #14 Summons - Univera Healthcare, #15 Summons - Blue Cross and Blue Shield Association)(Matarazzo, Hadley)
March 31, 2016 Filing 98 SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 6/20/2016. First Mediation Session due by 7/29/2016. Mediation To End by 1/31/2018. Motion to dismiss due by 5/31/2016. Response to Motion to dismiss due by 7/7/2016. Replies to Motion to dismiss due by 8/8/2016. Oral Argument on motion to dismiss set for 9/8/2016 10:00 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Elizabeth A. Wolford. Motions to Join Parties/Amend Pleadings due by 5/12/2017. Daubert Motions, if any, shall be filed no later than 3/30/2018. Dispositive Motions due by 6/8/2018. Signed by Hon. Elizabeth A. Wolford on 03/31/2016. (LMD)
March 30, 2016 Opinion or Order Filing 97 STIPULATION AND ORDER GOVERNING PRESERVATION AND DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Hon. Elizabeth A. Wolford on 3/30/2016. (BK)
March 30, 2016 Filing 96 STIPULATED REQUEST FOR AN ORDER UNDER RULES OF EVIDENCE 502 (d) AND (e) AND ORDER. Signed by Hon. Elizabeth A. Wolford on 3/30/2016. (BK)
March 30, 2016 Filing 95 STIPULATED QUALIFIED PROTECTIVE ORDER. Signed by Hon. Elizabeth A. Wolford on 3/30/2016. (BK)
March 28, 2016 Filing 94 Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by phone: Lynn A. Troops, Bradley King for Tina Wolfson, Alan Rosca, David Berger, James Bilsborrow, Cari C. Laufenburg, Jean Martin, and Karen Benson. Appearances in person: Hadley Mattarazo, Robin L. Greenwald and Kathryn Lee Bruns for plaintiffs, Mark Moretti, Esq./def., Paul Karlsgot, Esq./def. and Jennifer Beckage, Esq./def. Scheduling Conference held on 3/28/2016. Case management order to be issued. Parties to resubmit their proposed orders pursuant to the Court's direction. (Court Reporter Colleen Lounsbury, Computer Reporting Service.) (LMD)
March 28, 2016 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #93 Proposed Pretrial Order Stipulated Request for an Order Under Federal Rules of Evidence 502(d) and (e) and Proposed Order by Matthew Fero. (Matarazzo, Hadley) (BK)
March 28, 2016 Filing 93 Proposed Pretrial Order Stipulated Request for an Order Under Federal Rules of Evidence 502(d) and (e) and Proposed Order by Matthew Fero. (Matarazzo, Hadley)
March 27, 2016 Filing 92 NOTICE of Appearance by Jennifer A. Beckage on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Beckage, Jennifer)
March 26, 2016 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #91 Proposed Pretrial Order Stipulation and Proposed Order Governing Preservation and Discovery of ESI with Exhibit A (previously omitted) by Matthew Fero, Shirley Krenzer, Erin O'Brien, Barbara A. Palmer, John P. Palmer, Anthony Parlato, Beth A. Parlato, James J. Smith, Jr, Sharon C. Smith. (Attachments: # 1 Exhibit Exhibit A to Stipulation and Proposed Order Governing Preservation and Discovery of ESI)(Matarazzo, Hadley) (BK)
March 26, 2016 Filing 91 Proposed Pretrial Order Stipulation and Proposed Order Governing Preservation and Discovery of ESI with Exhibit A (previously omitted) by Matthew Fero, Shirley Krenzer, Erin O'Brien, Barbara A. Palmer, John P. Palmer, Anthony Parlato, Beth A. Parlato, James J. Smith, Jr, Sharon C. Smith. (Attachments: #1 Exhibit Exhibit A to Stipulation and Proposed Order Governing Preservation and Discovery of ESI)(Matarazzo, Hadley)
March 25, 2016 Filing 90 Proposed Pretrial Order Stipulation and Proposed Order Governing Preservation and Discovery of ESI by Matthew Fero. (Matarazzo, Hadley)
March 24, 2016 Filing 89 TEXT ORDER. The following attorneys have contacted the Court requesting to participate in the scheduling conference on Monday, March 28, 2016 at 8:30 a.m. by telephone: Eric H. Gibbs, Lynn A. Toops, David Berger, James Bilsborrow, Tina Wolfson, Cari C. Laufenberg, Alan L. Rosca, Marco Cercone, Jean Sutton Martin and John Z. Yanchunis. The call-in instructions are: 1. Dial 703-724-3100 2. When prompted for the "Number you wish to dial" enter: 4000022#3. When prompted for the "Security Pin" enter 9999#The conference will begin promptly at 8:30 a.m. If you have any problems when placing this call, please call chambers at 585-613-4320. Signed by Hon. Elizabeth A. Wolford on 03/24/2016. (LMD)
March 21, 2016 Filing 88 NOTICE by Kenneth Fisher, Patricia Fisher re (85 in 6:15-cv-06569-EAW, 85 in 6:15-cv-06569-EAW) Text Order, Set Hearings,, Appear Telephonically At Scheduling Conference Associated Cases: 6:15-cv-06569-EAW et al.(Laufenberg, Cari)
March 13, 2016 Filing 87 NOTICE of Appearance by Jean Sutton Martin on behalf of Margaret Malick, Paul Malick (Martin, Jean)
March 1, 2016 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required #86 Proposed Pretrial Order - Proposed Stipulated Qualified Protective Order by Matthew Fero. (Matarazzo, Hadley) (BK)
March 1, 2016 Filing 86 Proposed Pretrial Order - Proposed Stipulated Qualified Protective Order by Matthew Fero. (Matarazzo, Hadley)
February 17, 2016 Filing 85 TEXT ORDER. A scheduling conference is set for March 28, 2016, at 8:30 a.m. before the Hon. Elizabeth A. Wolford. Counsel located out of town who wish to appear by telephone may do so, so long as they send notice by facsimile sent to the Court at 585-613-4325 at least 5 business days in advance of the conference. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/17/2016.(CDH)
February 16, 2016 Filing 84 Proposed Pretrial Order Proposed Joint Case Management Order by Matthew Fero. (Matarazzo, Hadley)
February 16, 2016 Filing 83 TEXT ORDER. Per the request of counsel, Plaintiffs' deadline to file a consolidated amended complaint is extended to April 15, 2016. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 2/16/2016. (CDH)
January 26, 2016 Added email information for attorney Joseph Siprut. (BK)
January 26, 2016 Filing 82 -CLERK TO FOLLOW UP-TEXT ORDER granting #79 Motion for Pro Hac Vice by Joseph Siprut. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/26/2016. (CDH)
January 25, 2016 Opinion or Order Filing 81 ORDER setting forth the responsibilities of interim co-lead class counsel. Signed by Hon. Elizabeth A. Wolford on 1/25/16. (CDH)
January 25, 2016 Filing 80 -CLERK TO FOLLOW UP- DECISION AND ORDER granting #39 Motion to Appoint Counsel; denying #43 Motion to Appoint Counsel; denying #44 Motion to Appoint Counsel; denying #45 Motion to Appoint Counsel; denying #50 Motion to Appoint Counsel. Signed by Hon. Elizabeth A. Wolford on 1/25/16. (CDH).
January 5, 2016 Filing 79 MOTION to appear pro hac vice for Joseph J. Siprut ( Filing fee $ 150 receipt number 0209-2435683.) by Carole Preston, Gary Preston. (Attachments: #1 Notice of Motion, #2 Petition for Admission, #3 Attorney's Oath, #4 Sponsor Affidavit, #5 Civility Principles, #6 Attorney Database Input Sheet, #7 Electronic Case Filing Form)(Frei-Pearson, Jeremiah)
December 28, 2015 Filing 78 WAIVER OF SERVICE Returned Executed by Katie Fuller. Katie Fuller waiver sent on 12/28/2015, answer due 2/26/2016. (Attachments: #1 Waiver)(Licata, John)
December 18, 2015 Filing 77 -CLERK TO FOLLOW UP- TEXT ORDER granting #63 Motion for Pro Hac Vice; granting #64 Motion for Pro Hac Vice; granting #72 Motion for Pro Hac Vice. Signed by Hon. Elizabeth A. Wolford on 12/18/2015. (CDH)
December 17, 2015 Confirmed New Jersey State bar admission for Edward W. Ciolko. (BK)
December 17, 2015 Filing 76 REPLY/RESPONSE to re #39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel filed by Matthew Fero, Shirley Krenzer, Erin O'Brien, Barbara A. Palmer, John P. Palmer, Anthony Parlato, Beth A. Parlato, James J. Smith, Jr, Sharon C. Smith. (Matarazzo, Hadley)
December 17, 2015 Filing 75 REPLY/RESPONSE to re #50 MOTION to Appoint Counsel Reply Memorandum of Law in Support of Motion for Appointment of Ahdoot & Wolfson, PC and Finkelstein, Blankinship, Frei-Pearson & Garber, LLP as Interim Co-Lead Counsel filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Frei-Pearson, Jeremiah)
December 17, 2015 Filing 74 MEMORANDUM in Support re #45 MOTION to Appoint Counsel filed by Cally Couturier. (Attachments: #1 Certificate of Service)(Rudman, Samuel)
December 17, 2015 Filing 73 RESPONSE in Support re #43 MOTION to Appoint Counsel Interim Class Counsel filed by Juanita McLeod, Raymond A. McLeod. (Fusco, Matthew)
December 17, 2015 Filing 72 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2426512.) by Juanita McLeod, Raymond A. McLeod. (Attachments: #1 Affidavit of Sponsor, #2 Attorney's Oath, #3 Certificate of Good Standing, #4 Certificate of Good Standing, #5 Oath of Office, #6 ECF Registration, #7 Attorney Database Information, #8 Text of Proposed Order, #9 Certificate of Service)(Fusco, Matthew)
December 14, 2015 E-Filing Notification: #67 RESPONSE in Support re #44 MOTION to Appoint Counsel Calihan Group as Class Counsel filed by Katie Fuller. (Licata, John) Modified on 12/14/2015 to correct filer (SG). (SG)
December 11, 2015 Filing 71 CERTIFICATE OF SERVICE by Cally Couturier re #66 Memorandum in Opposition to Motion, (Rudman, Samuel)
December 11, 2015 E-Filing Notification: Reminder: Case #15cv6569 is the LEAD ACTION, All docketing/filings shall be done in the LEAD ACTION RE: RESPONSE in Opposition (8 in 6:15-cv-06651-EAW, 14 in 6:15-cv-06577-EAW, 16 in 6:15-cv-06598-EAW, 17 in 6:15-cv-06641-EAW, 15 in 6:15-cv-06584-EAW, 44 in 6:15-cv-06569-EAW, 4 in 6:15-cv-06685-EAW, 3 in 6:15-cv-06700-EAW, 9 in 6:15-cv-06652-EAW, 6 in 6:15-cv-06684-EAW, 8 in 6:15-cv-06643-EAW) (TF)
December 10, 2015 Filing 70 DECLARATION re #68 Response in Opposition to Motion, filed by Kenneth Fisher, Patricia Fisher, LouAnn Malta, Lawrence F Thompson by Cari Campen Laufenberg. (Calihan, Robert)
December 10, 2015 Filing 69 DECLARATION re #68 Response in Opposition to Motion, filed by Kenneth Fisher, Patricia Fisher, LouAnn Malta, Lawrence F Thompson by Karen H. Riebel. (Calihan, Robert)
December 10, 2015 Filing 68 RESPONSE in Opposition re #45 MOTION to Appoint Counsel , #50 MOTION to Appoint Counsel , #39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel, #43 MOTION to Appoint Counsel Interim Class Counsel filed by Kenneth Fisher, Patricia Fisher, LouAnn Malta, Lawrence F Thompson. (Calihan, Robert)
December 10, 2015 Filing 67 RESPONSE in Support re #44 MOTION to Appoint Counsel Calihan Group as Class Counsel filed by Katie Fuller. (Licata, John) Modified on 12/14/2015 to correct filer (SG).
December 10, 2015 Filing 66 MEMORANDUM in Opposition re #44 MOTION to Appoint Counsel Calihan Group as Class Counsel, #50 MOTION to Appoint Counsel , #39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel, #43 MOTION to Appoint Counsel Interim Class Counsel filed by Cally Couturier. (Rudman, Samuel)
December 10, 2015 Filing 65 RESPONSE in Opposition re (8 in 6:15-cv-06651-EAW, 14 in 6:15-cv-06577-EAW, 16 in 6:15-cv-06598-EAW, 17 in 6:15-cv-06641-EAW, 15 in 6:15-cv-06584-EAW, 44 in 6:15-cv-06569-EAW, 4 in 6:15-cv-06685-EAW, 3 in 6:15-cv-06700-EAW, 9 in 6:15-cv-06652-EAW, 6 in 6:15-cv-06684-EAW, 8 in 6:15-cv-06643-EAW) MOTION to Appoint Counsel Calihan Group as Class Counsel, (7 in 6:15-cv-06684-EAW, 50 in 6:15-cv-06569-EAW, 9 in 6:15-cv-06643-EAW, 16 in 6:15-cv-06584-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel , (39 in 6:15-cv-06569-EAW) MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel, (45 in 6:15-cv-06569-EAW) MOTION to Appoint Counsel filed by Juanita McLeod, Raymond A. McLeod. Associated Cases: 6:15-cv-06569-EAW et al.(Fusco, Matthew)
December 4, 2015 Filing 64 MOTION to appear pro hac vice by Brian L. Bleichner ( Filing fee $ 150 receipt number 0209-2416885.) by Lawrence F Thompson. (Attachments: #1 Affidavit Sponsoring Affidavit, #2 Petition for Admission, #3 Attorney CM ECF Registration Form, #4 Attorney Database Information, #5 Attorney's Oath, #6 Civility Principles)(Calihan, Robert)
December 3, 2015 Filing 63 Amended MOTION to appear pro hac vice Alan L Rosca by Eric S Clark. (Attachments: #1 Notion of Motion, #2 Affidavit Declaration and Affidabvit, #3 Affidavit Affidavit, Application, Supporting Documents)(Rosca, Alan)
December 2, 2015 Filing 62 -CLERK TO FOLLOW UP- TEXT ORDER granting #30 Motion for Pro Hac Vice by Karen H. Riebel; granting #31 Motion for Pro Hac Vice by Kate M. Baxter-Kauf. Signed by Hon. Elizabeth A. Wolford on 12/02/2015. (CDH)
December 1, 2015 Filing 61 NOTICE of Appearance by William John Geddish on behalf of Cally Couturier (Geddish, William)
December 1, 2015 Filing 60 NOTICE of Appearance by Stephen J. Teti on behalf of LouAnn Malta Associated Cases: 6:15-cv-06569-EAW, 6:15-cv-06651-EAW(Teti, Stephen)
November 30, 2015 E-Filing Notification: re #59 MOTION to appear pro hac vice of Alan L. Rosca. Please note that a formal motion and notice of motion are required when requesting Pro Hac admission. Please re-file in proper format and note that proposed orders DO NOT get filed, they should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. (BK)
November 30, 2015 Filing 59 **MOTION TERMINATED as to MOTION to appear pro hac vice of Alan L. Rosca ( Filing fee $ 150 receipt number 0209-2412416.) by Eric S Clark. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Rosca, Alan) PLEASE NOTE THAT IF THIS IS RE-FILED, THE FEE HAS ALREADY BEEN PAID, IT IS NOT NECESSARY TO MAKE AN ADDITIONAL PAYMENT FOR THIS PRO HAC ADMISSION REQUEST. Modified on 12/1/2015 (BK).
November 20, 2015 Filing 58 NOTICE of Appearance by Jeremiah Frei-Pearson on behalf of Carole Preston, Gary Preston (Frei-Pearson, Jeremiah)
November 19, 2015 Filing 57 NOTICE of Appearance by Gary F. Lynch on behalf of Lawrence F Thompson (Lynch, Gary)
November 19, 2015 Opinion or Order Filing 56 SCHEDULING ORDER re #39 , #43 , #44 , #45 , #50 Motions for Appointment as Interim Lead Plaintiffs' Counsel. Responses due by 12/10/2015. Replies due by 12/17/2015. (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference).Signed by Hon. Elizabeth A. Wolford on 11/19/2015. (CDH).
November 19, 2015 E-Filing Notification: Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required RE: #55 CONTINUATION OF EXHIBITS/Text of Proposed Order. (TF)
November 18, 2015 Filing 55 CONTINUATION OF EXHIBITS by Carole Preston, Gary Preston. to (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 5 in 6:15-cv-06685-EAW) MOTION to Appoint Counsel Text of Proposed Order filed by Carole Preston, Gary Preston. Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 54 CERTIFICATE OF SERVICE by Cally Couturier re #46 Declaration, #45 MOTION to Appoint Counsel , #47 Memorandum in Support of Motion (Rudman, Samuel)
November 18, 2015 Filing 53 DECLARATION signed by Jeremiah Frei-Pearson re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel filed by Carole Preston, Gary Preston . Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 52 DECLARATION signed by Tina Wolfson re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel filed by Carole Preston, Gary Preston . Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 51 MEMORANDUM IN SUPPORT re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel byCarole Preston, Gary Preston. Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 50 MOTION to Appoint Counsel by Carole Preston, Gary Preston.Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 17, 2015 Filing 49 DECLARATION re #44 MOTION to Appoint Counsel Calihan Group as Class Counsel filed by Kenneth Fisher, Patricia Fisher, LouAnn Malta, Lawrence F Thompson . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Calihan, Robert)
November 17, 2015 Filing 48 MEMORANDUM IN SUPPORT re #44 MOTION to Appoint Counsel Calihan Group as Class Counsel byKenneth Fisher, Patricia Fisher, LouAnn Malta, Lawrence F Thompson. (Calihan, Robert)
November 17, 2015 Filing 47 MEMORANDUM in Support re #45 MOTION to Appoint Counsel filed by Cally Couturier. (Rudman, Samuel)
November 17, 2015 Filing 46 DECLARATION re #45 MOTION to Appoint Counsel filed by Cally Couturier filed by Cally Couturier. (Attachments: #1 Exhibit Exhibit A- RGRD Firm Resume)(Rudman, Samuel)
November 17, 2015 Filing 45 MOTION to Appoint Counsel by Cally Couturier. (Attachments: #1 Text of Proposed Order)(Rudman, Samuel)
November 17, 2015 Filing 44 MOTION to Appoint Counsel Calihan Group as Class Counsel by Kenneth Fisher, Patricia Fisher, Lawrence F Thompson, LouAnn Malta.Associated Cases: 6:15-cv-06569-EAW et al.(Calihan, Robert)
November 17, 2015 Filing 43 MOTION to Appoint Counsel Interim Class Counsel by Juanita McLeod, Raymond A. McLeod. (Attachments: #1 Declaration, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Exhibit Exhibit E to Declaration, #7 Memorandum in Support, #8 Text of Proposed Order)(Fusco, Matthew)
November 17, 2015 Filing 42 MEMORANDUM in Support re #39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel CORRECTED Memorandum of Law filed by Therese Boomershine, Matthew Fero. (Matarazzo, Hadley)
November 17, 2015 Filing 41 *** Please disregard filed in error MEMORANDUM in Support. Modified on 11/18/2015 (BK).
November 17, 2015 Filing 40 DECLARATION re #39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel filed by Matthew Fero, Therese Boomershine Declaration of Hadley L. Matarazzo, Esq. filed by Matthew Fero, Therese Boomershine. (Attachments: #1 Exhibit A - Proposed Order Appointing the Faraci Weitz Group and Setting Forth the Powers and Responsibilities of Interim Class Counsel, #2 Exhibit B - Hadley L. Matarazzo Esq. Biography, #3 Exhibit C - Robin L. Greenwald Esq. Biography, #4 Exhibit D - Eric H. Gibbs Esq. Biography, #5 Exhibit E - Lynn A. Toops Esq. Biography, #6 Exhibit F - Proposed Order Regarding Billing Protocol, Cost Reimbursement and Related Class Benefit Issues, #7 Exhibit G - Proposed Case Management Schedule)(Matarazzo, Hadley)
November 17, 2015 Filing 39 MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel by Therese Boomershine, Matthew Fero.(Matarazzo, Hadley)
November 17, 2015 Filing 38 NOTICE of Appearance by Samuel H. Rudman on behalf of Cally Couturier (Rudman, Samuel)
November 17, 2015 Filing 37 WAIVER OF SERVICE Returned Executed by Cally Couturier. All Defendants. (Rudman, Samuel)
November 16, 2015 Filing 36 Corporate Disclosure Statement by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
November 16, 2015 Filing 35 Corporate Disclosure Statement by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
November 16, 2015 Filing 34 STIPULATION Extending Time to Answer Complaint by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Moretti, Mark)
November 13, 2015 Filing 33 NOTICE of Appearance by Joseph P. Guglielmo on behalf of LouAnn Malta (Guglielmo, Joseph)
November 10, 2015 Confirmed Minnesota State Bar admission for Karen H. Riebel and Kate M. Baxter-Kauf. (BK)
November 10, 2015 Opinion or Order Filing 32 ORDER renouncing membership in putative class. Signed by Hon. Elizabeth A. Wolford on 11/10/2015. Associated Cases: 6:15-cv-06569-EAW et al.(CDH).
November 10, 2015 Filing 31 MOTION to appear pro hac vice for Kate M. Baxter-Kauf ( Filing fee $ 150 receipt number 0209-2400265.) by LouAnn Malta, Lawrence F Thompson. (Attachments: #1 Declaration, #2 Exhibit A-G to Delcaration)(Cercone, Marco)
November 10, 2015 Filing 30 MOTION to appear pro hac vice for Karen H. Riebel ( Filing fee $ 150 receipt number 0209-2400255.) by LouAnn Malta, Lawrence F Thompson. (Attachments: #1 Declaration, #2 Exhibit A-G to Declaration)(Cercone, Marco)
November 10, 2015 Filing 29 SUMMONS Returned Executed by LouAnn Malta, Lawrence F Thompson. (Attachments: #1 Summons Returned Executed - Lifetime Healthcare, #2 Summons Returned Executed - Excellus, #3 Summons Returned Executed - Lifetime Healthcare)(Cercone, Marco)
November 10, 2015 Filing 28 -CLERK TO FOLLOW UP-TEXT ORDER. Any action subsequently filed in this District that arises out of the same facts as or involves claims similar to those alleged in this action (Case No. 15-cv-6569 EAW) shall be consolidated into this action. Upon the opening of such related action, the Clerk of Court shall enter a copy of this Order on the docket of the newly filed action and take the necessary steps to consolidate it into this action. A new party to any related case filed in the future may object to that action being subject to this Order by filing with the Court a motion for relief from this Order within twenty (20) days after the date of receipt of this Order. Signed by Hon. Elizabeth A. Wolford on 11/10/2015. (CDH).
November 5, 2015 Case reassigned to Hon. Elizabeth A. Wolford. Hon. Michael A. Telesca, Hon. Charles J. Siragusa no longer assigned to the case. (LB)
November 5, 2015 Opinion or Order Filing 27 ORDER that the following cases are consolidated together with case 15-cv-06569 and assigned to the Honorable Elizabeth Wolford: 15-cv-6577, 15-cv-6584, 15-cv-6598, 15-cv-6641, 15-cv-6643, 15-cv-6651, 15-cv-6652. Counsel's motions for interim leadership of all the consolidated cases must be filed on or before 11/17/2015. The Clerk of Court shall list all cases provided in this order as being consolidated and assigned for further action to the Honorable Elizabeth Wolford. Signed by Hon. Michael A. Telesca on 11/5/2015. (LB) Modified file date on 11/9/2015 (LB).
November 2, 2015 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. Associated Cases: 6:15-cv-06641-MAT et al.(MD)
October 29, 2015 Filing 26 NOTICE of Appearance by Paul G. Karlsgodt on behalf of All Defendants (Karlsgodt, Paul)
October 23, 2015 Filing 25 AFFIRMATION signed by Hadley L. Matarazzo re #9 MOTION to Consolidate Cases with Certificate of Service on Defendants filed by Matthew Fero filed by Matthew Fero. (Matarazzo, Hadley)
October 23, 2015 Filing 24 STIPULATION Extending Time to Answer Complaint by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
October 23, 2015 Filing 23 Corporate Disclosure Statement by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
October 20, 2015 Filing 22 RESPONSE to #9 MOTION to Consolidate Cases with Certificate of Service on Defendants by David E. Bower, attorney for Plaintiffs in case 15-CV-6577. (BK)
October 20, 2015 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. Associated Cases: 6:15-cv-06569-MAT, 6:15-cv-06570-EAW, 6:15-cv-06577-CJS, 6:15-cv-06584-CJS, 6:15-cv-06598-MAT(MD)
October 16, 2015 Filing 21 REPLY/RESPONSE to re #9 MOTION to Consolidate Cases with Certificate of Service on Defendants Affidavit of John G. Schmidt Jr. filed by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
October 16, 2015 Filing 20 NOTICE of Appearance by James J. Bilsborrow on behalf of All Plaintiffs (Bilsborrow, James)
October 14, 2015 Filing 19 NOTICE of Appearance by Mark J. Moretti on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Moretti, Mark)
October 14, 2015 Filing 18 NOTICE of Appearance by John G. Schmidt, Jr on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Schmidt, John)
October 13, 2015 SUMMONS Returned Executed by Matthew Fero, Erin O'Brien, Shirley Krenzer. Excellus Health Plan, Inc. served on 9/29/2015, answer due 10/20/2015; Lifetime Healthcare, Inc. served on 9/29/2015, answer due 10/20/2015. (LB)
October 9, 2015 Filing 17 AFFIDAVIT of Service for Notice of Motion, Affirmation of Hadley L. Matarazzo, Memorandum of Law in Support of Plaintiffs' Exparte Motion to Consolidate & Certificate of Service served on Lifetime Healthcare, Inc. on 10/05/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 9, 2015 Filing 16 AFFIDAVIT of Service for Notice of Motion, Affirmation of Hadley L. Matarazzo, Memorandum of Law in Support of Plaintiffs' Exparte Motion to Consolidate & Certificate of Service served on Excellus Health Plan, Inc. on 10/05/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 9, 2015 Filing 15 AFFIDAVIT of Service for First Amended Class Action Complaint, Certificate of Service and Amended Certificate of Service served on Lifetime Healthcare, Inc. on 10/02/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 9, 2015 Filing 14 AFFIDAVIT of Service for First Amended Class Action Complaint, Certificate of Service and Amended Certificate of Service served on Excellus Health Plan, Inc. on 10/02/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 9, 2015 Filing 13 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Lifetime Healthcare, Inc. on 09/29/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 9, 2015 Filing 12 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Excellus Health Plan, Inc. on 09/29/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
October 7, 2015 Opinion or Order Filing 11 ORDER granting #10 Motion for Robin L. Greenwald, Esq. to practice Pro Hac Vice in this matter. Signed by Hon. Michael A. Telesca on 10/7/15. (JMC)
October 6, 2015 Courtesy copies of the notice setting deadlines was sent to all counsel of record in Gilbert, Preston, and Martinho by the Faraci Lange Office. (BK)
October 6, 2015 NOTICE: Set/Reset Deadlines as to #9 MOTION to Consolidate Cases with Certificate of Service on Defendants. Responses due by 10/19/2015. Replies due by 10/26/2015. Motion will be submitted without oral argument on 11/5/2015 before Hon. Michael A. Telesca. No court appearances are required. (JMC)
October 5, 2015 Confirmed Illinois State Bar admission for Robin L. Greenwald. (BK)
October 5, 2015 Filing 10 MOTION to appear pro hac vice by Robin L. Greenwald ( Filing fee $ 150 receipt number 0209-2373656.) by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Attachments: #1 Greenwald Petition for Pro Hac Vice Admission Pursuant to Local Rule 83.1(c), #2 Affidavit Of Hadley L. Matarazzo, Sponsoring Attorney, #3 Attorney's Oath, #4 Civility Principles, #5 Attorney Database Input Sheet, #6 CM/ECF Registration)(Matarazzo, Hadley)
October 2, 2015 Filing 9 MOTION to Consolidate Cases with Certificate of Service on Defendants by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Attachments: #1 Attorney Affirmation, #2 Memorandum in Support)(Matarazzo, Hadley)
October 2, 2015 Filing 8 CERTIFICATE OF SERVICE by Matthew Fero, Shirley Krenzer, Erin O'Brien re #7 Amended Complaint Amended/Corrected Certificate of Service of Amended Complaint (Matarazzo, Hadley)
October 2, 2015 Filing 7 AMENDED COMPLAINT against All Defendants, filed by Matthew Fero, Erin O'Brien, Shirley Krenzer. (Attachments: #1 Certificate of Service)(Matarazzo, Hadley)
September 28, 2015 Filing 6 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Lifetime Healthcare, Inc. on 09/25/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
September 28, 2015 Filing 5 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Excellus Health Plan, Inc. on 09/25/2015, filed by Matthew Fero, Shirley Krenzer, Erin O'Brien. (Matarazzo, Hadley)
September 25, 2015 Filing 4 NOTICE of Appearance by Kathryn Lee Bruns on behalf of All Plaintiffs (Bruns, Kathryn)
September 25, 2015 Filing 3 NOTICE of Appearance by Stephen G. Schwarz on behalf of All Plaintiffs (Schwarz, Stephen)
September 22, 2015 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Notification to chambers of on-line civil opening. (LB)
September 22, 2015 AUTOMATIC REFERRAL to Mediation: The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution (LB)
September 22, 2015 Filing 2 Summons Issued as to Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Attachments: #1 Summons) (LB)
September 22, 2015 Case assigned to Hon. Michael A. Telesca. (LB)
September 18, 2015 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0209-2362712.), filed by Matthew Fero. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Matarazzo, Hadley)

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Search for this case: Fero et al v. Excellus Health Plan, Inc. et al
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Consolidated plaintiff: Kenneth Fisher
Represented By: David S. Preminger
Represented By: Gretchen Freeman Cappio
Represented By: Cari Campen Laufenberg
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Consolidated plaintiff: Brian Martinho
Represented By: Andrew W. Ferich
Represented By: David E. Bower
Represented By: Benjamin F. Johns
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Consolidated plaintiff: Katie Fuller
Represented By: John Barry Licata
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Consolidated plaintiff: Heather Martinho
Represented By: Andrew W. Ferich
Represented By: David E. Bower
Represented By: Benjamin F. Johns
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Consolidated plaintiff: Shalena Hill
Represented By: Andrew Finkelstein
Represented By: Jeremiah Frei-Pearson
Represented By: Wesley K. Polischuk
Represented By: Daniel S. Robinson
Represented By: Todd S. Garber
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Consolidated plaintiff: Cally Couturier
Represented By: William John Geddish
Represented By: Samuel H. Rudman
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Consolidated plaintiff: Julia Polidore
Represented By: Eric H. Gibbs
Represented By: Lynn A. Toops
Represented By: Linh G. Vuong
Represented By: Kathryn Lee Bruns
Represented By: Hadley L. Matarazzo
Represented By: David M. Berger
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Consolidated plaintiff: Biagio Mormile
Represented By: Andrew Finkelstein
Represented By: Jeremiah Frei-Pearson
Represented By: Wesley K. Polischuk
Represented By: Daniel S. Robinson
Represented By: Todd S. Garber
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Consolidated plaintiff: Juanita McLeod
Represented By: Edward W. Ciolko
Represented By: Matthew J. Fusco
Represented By: Joseph H. Meltzer
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Consolidated plaintiff: Eric S Clark
Represented By: Jason J. Kane
Represented By: Alan L. Rosca
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Consolidated plaintiff: Patricia Fisher
Represented By: David S. Preminger
Represented By: Gretchen Freeman Cappio
Represented By: Cari Campen Laufenberg
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Consolidated plaintiff: Carole Preston
Represented By: Joseph J. Siprut
Represented By: Jeremiah Frei-Pearson
Represented By: David E. Bower
Represented By: Tina Wolfson
Represented By: Hadley L. Matarazzo
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Consolidated plaintiff: Therese Boomershine
Represented By: Eric H. Gibbs
Represented By: Vess A. Miller
Represented By: Lynn A. Toops
Represented By: Linh G. Vuong
Represented By: Kathryn Lee Bruns
Represented By: Hadley L. Matarazzo
Represented By: David M. Berger
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Consolidated plaintiff: Raymond A. McLeod
Represented By: Edward W. Ciolko
Represented By: Matthew J. Fusco
Represented By: Joseph H. Meltzer
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Consolidated plaintiff: Paul Malick
Represented By: Jean Sutton Martin
Represented By: John A. Yanchunis
Represented By: James J. Bilsborrow
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Consolidated plaintiff: Margaret Malick
Represented By: Jean Sutton Martin
Represented By: John A. Yanchunis
Represented By: James J. Bilsborrow
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Consolidated plaintiff: Gary Preston
Represented By: Joseph J. Siprut
Represented By: Jeremiah Frei-Pearson
Represented By: David E. Bower
Represented By: Tina Wolfson
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Consolidated plaintiff: Dick Immerman
Represented By: Jason J. Kane
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Consolidated plaintiff: Natalie Baldwin
Represented By: Andrew Finkelstein
Represented By: Jeremiah Frei-Pearson
Represented By: Wesley K. Polischuk
Represented By: Daniel S. Robinson
Represented By: Todd S. Garber
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Consolidated plaintiff: Bleachtech LLC
Represented By: Jason J. Kane
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Consolidated plaintiff: LouAnn Malta
Represented By: Karen H. Riebel
Represented By: Marco Cercone
Represented By: Stephen J. Teti
Represented By: Joseph P. Guglielmo
Represented By: Kate M. Baxter-Kauf
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Consolidated plaintiff: Carlos Martinho
Represented By: Andrew W. Ferich
Represented By: David E. Bower
Represented By: Benjamin F. Johns
Represented By: Hadley L. Matarazzo
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Consolidated plaintiff: Lawrence F Thompson
Represented By: Gary F. Lynch
Represented By: Karen H. Riebel
Represented By: Robert B. Calihan
Represented By: Bryan L. Bleichner
Represented By: Marco Cercone
Represented By: Kate M. Baxter-Kauf
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Plaintiff: Erin O'Brien
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Kathryn Lee Bruns
Represented By: Hadley L. Matarazzo
Represented By: James J. Bilsborrow
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Plaintiff: Cathryn Kwit
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Shirley Krenzer
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Kathryn Lee Bruns
Represented By: Hadley L. Matarazzo
Represented By: James J. Bilsborrow
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Plaintiff: John P. Palmer
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Hadley L. Matarazzo
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Plaintiff: Thomas Albrecht
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Nina Mottern
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Sharon C. Smith
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Joshua Mankoff
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Matthew Fero
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Joshua Mankoff
Represented By: Kathryn Lee Bruns
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
Represented By: James J. Bilsborrow
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Plaintiff: Brenda Caltagarone
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Barbara A. Palmer
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Joshua Mankoff
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Beth A. Parlato
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Hadley L. Matarazzo
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Plaintiff: Cindy Harden
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Anthony Parlato
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Hadley L. Matarazzo
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Plaintiff: Robert Kwit
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Don Korn
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Harold Jackling
Represented By: Robin L. Greenwald
Represented By: Joshua Mankoff
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Dwayne Church
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Edward Trumble
Represented By: Joshua Mankoff
Represented By: Hadley L. Matarazzo
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Plaintiff: James J. Smith, Jr.
Represented By: Robin L. Greenwald
Represented By: Stephen G. Schwarz
Represented By: Joshua Mankoff
Represented By: Kathryn Lee Bruns
Represented By: James J. Bilsborrow
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Roger A. Carroll, D.D.S.
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Andres Curbelo
Represented By: Joshua Mankoff
Represented By: Jason T. Dennett
Represented By: Hadley L. Matarazzo
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Plaintiff: Karen Howard
Represented By: Hadley L. Matarazzo
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Defendant: Genesee Valley Group Health Association d/b/a Lifetime Health Medical Group
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
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Defendant: MedAmerica, Inc.
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
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Defendant: Genesee Region Home Care Association, Inc. d/b/a Lifetime Care
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
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Defendant: Univera Healthcare
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
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Defendant: Excellus Health Plan, Inc.
Represented By: Mark J. Moretti
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Karin Scholz Jenson
Represented By: Paul G. Karlsgodt
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
Represented By: John G. Schmidt, Jr.
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Defendant: Lifetime Benefit Solutions, Inc.
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
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Defendant: Lifetime Healthcare, Inc.
Represented By: Mark J. Moretti
Represented By: David A. Carney
Represented By: Robyn Mara Feldstein
Represented By: Emily Fedeles
Represented By: Anna L.R. Mercado Clark
Represented By: Karin Scholz Jenson
Represented By: Paul G. Karlsgodt
Represented By: Edward John Jacobs
Represented By: Jennifer A. Beckage
Represented By: John G. Schmidt, Jr.
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Defendant: Blue Cross and Blue Shield Association
Represented By: Jeffrey J. Harradine
Represented By: Kate Warner
Represented By: Luke C. Ruse
Represented By: Daniel Laytin
Represented By: Thomas S. D'Antonio
Represented By: Sunil Shenoi
Represented By: Zachary Holmstead
Represented By: Adam P Feinberg
Represented By: Timothy C. Pickert
Represented By: Jessica L. Staiger
Represented By: Brian P. Kavanaugh
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Consolidated defendant: Excellus BlueCross BlueShield
Represented By: Mark J. Moretti
Represented By: Robyn Mara Feldstein
Represented By: Paul G. Karlsgodt
Represented By: John G. Schmidt, Jr.
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