Peters v. Aetna Inc. et al
Plaintiff: Sandra M. Peters
Defendant: Aetna Inc., Aetna Life Insurance Company and OptumHealth Care Solutions, Inc.
Case Number: 1:2015cv00109
Filed: June 12, 2015
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Buncombe
Presiding Judge: Martin Reidinger
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 5, 2023 Opinion or Order Filing 272 MEMORANDUM OF DECISION AND ORDER that: (1) Pltf's claims for prospective injunctive relief, both for herself and on behalf of the Plan, are DISMISSED due to a lack of standing; (2) Pltf's claims for restitution, both for herself and on behalf of the Plan, are hereby DISMISSED WITH PREJUDICE; (3) Pltf's #144 MOTION to Certify Class is GRANTED, and the following classes are hereby certified pursuant to Fed. Rules of CV Procedure 23(a) and (b)(3): Plan Claim Class and Member Claim Class (see Order for further details re these classes). (4) The law firms of The Van Winkle Law Firm and Zuckerman Spaeder LLP are hereby appointed as counsel for the class; (5) Within 14 days of the entry of this Order, Pltf shall submit a proposed class action notice to the Court, (due by 6/20/2023). Defts shall have 14 days from Pltf's submission to file objections to the proposed notice. Pltf will have 14 days thereafter to file any response to those objections. Signed by Chief Judge Martin Reidinger on 6/5/2023. (ejb)
January 27, 2022 Opinion or Order Filing 271 RESPONSE to Defendant's Notice of Supplemental Authority by Sandra M. Peters re #270 Notice (Other) (Wilkerson, David) Modified text on 1/28/2022 (kby).
January 26, 2022 Opinion or Order Filing 270 NOTICE of Supplemental Authority by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. re #259 Memorandum in Opposition to Motion, (Holman, E.)
October 29, 2021 Opinion or Order Filing 269 ORDER that the Plaintiff's Motion for Leave to File Sur-Surreply in Support of Plaintiff's Motion for Class Certification Doc. #268 is DENIED. Signed by Chief Judge Martin Reidinger on 10/29/2021. (rhf)
October 28, 2021 Opinion or Order Filing 268 MOTION for Leave to File Sur-Surreply in Support of Plaintiff's Motion for Class Certification by Sandra M. Peters. Responses due by 11/12/2021 (Attachments: #1 Exhibit A, Plaintiff's Sur-Surreply in Support) (McDevitt, Larry)
October 26, 2021 Opinion or Order Filing 267 Surreply as to #144 MOTION to Certify Class by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
October 26, 2021 Opinion or Order Filing 266 ORDER that Plaintiff's motions #260 , #261 are ALLOWED, and Andrew N. Goldfarb and Alyssa M. Howard are hereby granted pro hac vice admission to the bar of this Court, payment of the required admission fees having been received by the Clerk of this Court. (Pro Hac Vice Attorney served via NEF). Signed by Chief Judge Martin Reidinger on 10/25/2021. (kby)
October 26, 2021 Opinion or Order Filing 265 **Please disregard. Duplicate entry. Modified to remove duplicate on 10/26/2021 (kby).**
October 26, 2021 Opinion or Order Notice to Andrew Goldfarb: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/2/2021. (kby)
October 26, 2021 Opinion or Order Notice to Alyssa M. Howard: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 11/2/2021. (kby)
October 25, 2021 Opinion or Order TEXT-ONLY ORDER granting #263 Motion for Leave to File Text of Order: The Defendants' Motion is GRANTED, and the Defendants' Surreply [Doc. 263-1] is hereby allowed. So Ordered. Entered by Chief Judge Martin Reidinger on 10/25/21. (LMR)
October 22, 2021 Opinion or Order Filing 264 MEMORANDUM in Support re #263 Joint MOTION for Leave to File Surreply Opposing Peters's Motion for Class Certification by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
October 22, 2021 Opinion or Order Filing 263 Joint MOTION for Leave to File Surreply Opposing Peters's Motion for Class Certification by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 11/5/2021 (Attachments: #1 Exhibit Surreply Opposing Peters's Motion for Class Certification) (Holman, E.)
October 15, 2021 Opinion or Order Filing 262 REPLY to Response to Motion re #144 MOTION to Certify Class Supplemental Reply Brief in Support of Her Motion for Class Certification by Sandra M. Peters. (McDevitt, Larry)
October 14, 2021 Opinion or Order Filing 261 MOTION for Leave to Appear Pro Hac Vice as to Alyssa M. Howard Filing fee $ 288, receipt number ANCWDC-5268559. by Sandra M. Peters. (Wilkerson, David)
October 14, 2021 Opinion or Order Filing 260 MOTION for Leave to Appear Pro Hac Vice as to Andrew N. Goldfarb Filing fee $ 288, receipt number ANCWDC-5268552. by Sandra M. Peters. (Wilkerson, David)
October 1, 2021 Opinion or Order Filing 259 MEMORANDUM in Opposition re #144 MOTION to Certify Class by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Replies due by 10/8/2021 (Attachments: #1 Affidavit Springer Declaration, #2 Exhibit Exhibit 82)(Holman, E.)
September 24, 2021 Opinion or Order TEXT-ONLY ORDER granting #257 Motion for Leave to File Text of Order: The Defendants' Consent Motion is GRANTED, and the Defendants shall have leave to file a joint supplemental brief in opposition to Plaintiff's motion for class certification consisting of no more than 30 pages, double-spaced, 14-point font. So Ordered. Entered by Chief Judge Martin Reidinger on 9/24/21. (LMR)
September 23, 2021 Opinion or Order Filing 258 NOTICE of Appearance by Brandon C.E. Springer on behalf of OptumHealth Care Solutions, Inc. (Springer, Brandon)
September 23, 2021 Opinion or Order Filing 257 Consent MOTION for Leave to File Joint Supplemental Oversize Brief by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 10/7/2021 (Attachments: #1 Proposed Order) (Boone, Brian)
September 1, 2021 Opinion or Order Filing 256 Supplemental Memorandum by Sandra M. Peters as to #144 MOTION to Certify Class by Sandra M. Peters. (McDevitt, Larry)
August 5, 2021 Opinion or Order Set Deadlines: Plaintiff's Supplemental Brief due by 9/1/2021. Defendant's Responsive Brief due by 10/1/2021. Plaintiff's Reply Brief due by 10/15/2021. (khm)
August 5, 2021 Opinion or Order TEXT-ONLY ORDER granting #255 Motion for Extension of Time to File Supplemental Briefs Text of Order: The parties' Joint Motion is GRANTED, and the Plaintiff shall have through and including September 1, 2021, within which to file a supplemental brief regarding class certification. The Defendants shall have through and including October 1, 2021, within which to file their responsive brief. The Plaintiff shall have through and including October 15, 2021, within which to file a reply. So Ordered. Entered by Chief Judge Martin Reidinger on 8/5/21. (LMR)
August 4, 2021 Opinion or Order Filing 255 Consent MOTION for Extension of Time To File Supplemental Brief Regarding Class Certification by Sandra M. Peters. Responses due by 8/18/2021 (McDevitt, Larry)
August 2, 2021 Opinion or Order Filing 254 ORDER following #251 remand from the United States Court of Appeals for the Fourth Circuit. IT IS, THEREFORE, ORDERED that, within fourteen (14) days of this Order, the Plaintiff shall file a supplemental brief regarding class certification. The Defendants shall have fourteen (14) days thereafter to file a response. Signed by Chief Judge Martin Reidinger on 8/2/2021. (kby)
July 28, 2021 Opinion or Order Case Reopened per #253 Mandate. (rhf)
July 28, 2021 Opinion or Order Filing 253 MANDATE of USCA as to #244 Notice of Appeal #251 Opinion/Judgment - USCA [19-2085] (rhf)
July 7, 2021 Opinion or Order Filing 252 Stay of Mandate: 4th Circuit NOTICE regarding Mandate stayed pending ruling on petition for rehearing or rehearing en banc. [19-2085]. (hms)
June 22, 2021 Opinion or Order Filing 251 Published Opinion/Judgment from Fourth Circuit Court of Appeals as to #244 Notice of Appeal [19-2085]. 4th Circuit decision - AFFIRMED IN PART, VACATED IN PART, AND REMANDED. (Attachments: #1 USCA Judgment) (hms)
January 14, 2021 Opinion or Order Filing 250 ORDER of USCA granting the motions to withdraw of Rebecca L. Gauthier and Jessica F. Rosenbaum from further representation on appeal as to #244 Notice of Appeal [19-2085]. (rhf)
January 13, 2021 Opinion or Order Filing 249 MOTION to Withdraw as Attorney by OptumHealth Care Solutions, Inc.. Responses due by 1/27/2021 (Gauthier, Rebecca)
January 13, 2021 Opinion or Order TEXT-ONLY ORDER granting #249 Motion to Withdraw as Attorney. Attorney Rebecca L. Gauthier terminated Text of Order: The Motion is GRANTED, and attorney Rebecca L. Gauthier is hereby permitted to withdraw as an attorney of record for OptumHealth Care Solutions, LLC. The other attorneys of record from Alston & Bird LLP shall continue to represent the Defendant. So Ordered. Entered by Chief Judge Martin Reidinger on 1/13/21. (LMR)
July 30, 2020 Opinion or Order Filing 248 ORDER of USCA as to #244 Notice of Appeal, re: granting attorney Jason Knott's motion to withdraw as counsel on appeal. [19-2085] (ni)
July 30, 2020 Opinion or Order Filing 247 MOTION to Withdraw as Attorney Jason M. Knott by Sandra M. Peters. Responses due by 8/13/2020 (McDevitt, Larry)
July 30, 2020 Opinion or Order TEXT-ONLY ORDER granting #247 Motion to Withdraw as Attorney. Attorney Jason M. Knott terminated Text of Order: Counsel's motion is GRANTED, and Jason M. Knott is hereby allowed to withdraw as counsel for the Plaintiff in this matter. So Ordered. Entered by Chief Judge Martin Reidinger on 7/30/20. (LMR)
October 4, 2019 Opinion or Order Filing 246 USCA Case Number 19-2085 for #244 Notice of Appeal, USCA Case Manager: Kirsten Hancock. (reh)
October 3, 2019 Opinion or Order Filing 245 Transmission of Notice of Appeal to US Court of Appeals re #244 Notice of Appeal. (kby)
October 1, 2019 Opinion or Order Filing 244 NOTICE OF APPEAL as to #243 Clerk's Judgment, #242 Order on Motion for Summary Judgment,,, by Sandra M. Peters. Filing fee $ 505, receipt number 0419-4202224. Use this link #www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (McDevitt, Larry)
September 16, 2019 Opinion or Order Filing 243 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 9/16/2019. Signed by Clerk, Frank G. Johns. (kby)
September 16, 2019 Opinion or Order Filing 242 MEMORANDUM OF DECISION AND ORDER granting OptumHealth Care Solutions, Inc.s #188 Motion for Summary Judgment ; granting Aetnas #225 Motion for Summary Judgment. Counts III and IV of the Plaintiffs Complaint are hereby DISMISSED WITH PREJUDICE. Signed by District Judge Martin Reidinger on 9/16/2019. (kby)
July 2, 2019 Opinion or Order Filing 241 ORDER that Aetna's #237 Motion for Leave to File under Seal Certain Portions of Aetna's Reply Brief Supporting Its Motion for Summary Judgment is GRANTED, and the redacted portions of Aetnas Reply Brief in support of its Motion for Summary Judgment shall be filed under seal until further Order of this Court. Signed by District Judge Martin Reidinger on 7/1/2019. (kby)
June 26, 2019 Opinion or Order Filing 240 SEALED REPLY (Sealed - Attorney) to Response to Motion re: #237 Motion to Seal, #225 Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Holman, E.)
June 26, 2019 Opinion or Order Filing 239 REPLY to Response to Motion re #225 MOTION for Summary Judgment by Aetna Inc., Aetna Life Insurance Company. (Attachments: #1 Exhibit 23)(Holman, E.)
June 26, 2019 Opinion or Order Filing 238 MEMORANDUM in Support re #237 MOTION to Seal Certain Portions of Aetna's Reply Brief Supporting its Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
June 26, 2019 Opinion or Order Filing 237 MOTION to Seal Certain Portions of Aetna's Reply Brief Supporting its Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company. Responses due by 7/10/2019 (Holman, E.)
June 19, 2019 Opinion or Order Filing 236 ORDER granting parties' #231 Joint Motion for Leave to Seal Certain Exhibits and Related Portions of Pltf's Brief in Opposition to Aetna's Motion for Summary Judgment, and Exhibits 3, 4, 5, 6, 7, 8, 9, 10, 20, 21, 25, and 32; the redacted portions of Pltf's Brief; and the redacted versions of Exhibits 2, 12, 13, 14, 15, 23, 28, and 31 filed in support of Pltf's Brief in Opposition shall be filed under seal under further Order of this Court. Signed by District Judge Martin Reidinger on 6/19/2019. (ejb)
June 18, 2019 Opinion or Order Filing 235 ORDER granting Defts #226 Joint Motion for Leave to Seal Certain Exhibits and related portions of Aetna's #228 Memorandum in support of its #225 Motion for Summary Judgment, and Exhibits 4, 7, 8, 9, 10, 18, and 19; redacted portions of Aetna's Brief; and redacted versions of Exhibits 1, 3, 6, 11, 12, 14, and 16 filed in support of Aetna's Motion for Summary Judgment shall be filed under seal (Doc. #229 ) under further Order of this Court. Signed by District Judge Martin Reidinger on 6/17/2019. (ejb)
June 13, 2019 Opinion or Order Filing 234 MEMORANDUM in Support re #231 Joint MOTION to Seal Certain Exhibits and Related Portions of Plaintiff's Brief in Opposition to Aetna's Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
June 13, 2019 Opinion or Order Filing 233 RESPONSE in Opposition re #225 MOTION for Summary Judgment by Sandra M. Peters. Replies due by 6/20/2019 (Attachments: #1 Declaration, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33)(McDevitt, Larry) Modified text of Attachment #1 on 6/17/2019 (ejb).
June 13, 2019 Opinion or Order Filing 232 SEALED RESPONSE (Sealed - Attorney) to Motion re: #225 Motion for Summary Judgment by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Replies due by 6/20/2019 (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 20, #15 Exhibit 21, #16 Exhibit 23, #17 Exhibit 25, #18 Exhibit 28, #19 Exhibit 31, #20 Exhibit 32)(McDevitt, Larry)
June 13, 2019 Opinion or Order Filing 231 Joint MOTION to Seal Certain Exhibits and Related Portions of Plaintiff's Brief in Opposition to Aetna's Motion for Summary Judgment by Sandra M. Peters. Responses due by 6/27/2019 (McDevitt, Larry)
May 28, 2019 Opinion or Order Filing 230 Joint MOTION for Extension of Time to File Response/Reply re: #225 MOTION for Summary Judgment by Sandra M. Peters. Responses due by 6/11/2019 (McDevitt, Larry)
May 28, 2019 Opinion or Order TEXT-ONLY ORDER granting #230 Motion for Extension of Time to File Response/Reply re #225 MOTION for Summary Judgment Responses due by 6/13/2019 Replies due by 6/26/2019 Text of Order: The parties' Joint Motion is GRANTED, and the Plaintiff shall have an additional seven (7) days, through and including June 13, 2019, to respond to Aetna's Motion for Summary Judgment. Aetna may file a reply brief no later than June 26, 2019. So Ordered. Entered by District Judge Martin Reidinger on 5/28/19. (LMR)
May 23, 2019 Opinion or Order Filing 229 Sealed Document (Sealed - Attorney): Aetna's SEALED Memorandum in Support of Aetna's Motion for Summary Judgment and specific Exhibits re: #225 MOTION for Summary Judgment , #226 Joint MOTION to Seal Certain Exhibits and related portions of Aetna's Memorandum in support of its Motion for Summary Judgment, #227 Memorandum in Support of Motion, by Aetna Inc. and Aetna Life Insurance Company; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #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 16, #13 Exhibit 18, #14 Exhibit 19)(Holman, E.) (Attachment 12 replaced on 9/9/2019) (khm).
May 23, 2019 Opinion or Order Filing 228 MEMORANDUM in Support re #225 MOTION for Summary Judgment by Aetna Inc., Aetna Life Insurance Company. (Attachments: #1 Declaration of Earl B. Austin, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22)(Holman, E.)
May 23, 2019 Opinion or Order Filing 227 MEMORANDUM in Support re #226 Joint MOTION to Seal Certain Exhibits and related portions of Aetna's Memorandum in support of its Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
May 23, 2019 Opinion or Order Filing 226 Joint MOTION to Seal Certain Exhibits and related portions of Aetna's Memorandum in support of its Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 6/6/2019 (Holman, E.)
May 23, 2019 Opinion or Order Filing 225 MOTION for Summary Judgment by Aetna Inc., Aetna Life Insurance Company. Responses due by 6/6/2019 (Holman, E.)
May 6, 2019 Opinion or Order Filing 224 ORDER that any dispositive Motions in this case shall be filed no later than 5/24/2019. Signed by District Judge Martin Reidinger on 5/03/2019. (ejb)
April 25, 2019 Opinion or Order Filing 223 Miscellaneous Filing Joint Submission Regarding Discovery and Dispositive Motions by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. re: #212 Order. (Austin, Earl) Modified text on 4/26/2019 (kby).
April 10, 2019 Opinion or Order Filing 222 Notice of Substitution of Counsel by E. Thomison Holman on behalf of Aetna Life Insurance Company, Aetna Inc., Attorney Geoffrey Manson Sigler; Richard Joseph Doren and Jason N. Kleinwaks terminated. (Holman, E.)
April 10, 2019 Opinion or Order Filing 221 NOTICE of Appearance by Jessica F. Rosenbaum on behalf of Aetna Inc., Aetna Life Insurance Company (Rosenbaum, Jessica)
April 10, 2019 Opinion or Order Filing 220 NOTICE of Appearance by Earl B. Austin, III on behalf of Aetna Inc., Aetna Life Insurance Company (Austin, Earl)
April 10, 2019 Opinion or Order Filing 219 ORDER denying Pltf's #216 Motion for Leave to File Surreply to Optum's Motion for Summary Judgment; and denying as moot parties' #214 Joint Motion for Leave to File under Seal One Exhibit and Related Portions of Pltf's Proposed Surreply of Optum's Motion for Summary Judgment. Signed by District Judge Martin Reidinger on 4/10/2019. (ejb)
April 5, 2019 Opinion or Order Filing 218 RESPONSE in Opposition re #216 MOTION for Leave to File Surreply to Optum's Motion for Summary Judgment by OptumHealth Care Solutions, Inc.. Replies due by 4/12/2019 (Boone, Brian)
April 5, 2019 Opinion or Order Filing 217 Unredacted Document (Sealed - Attorney) re: (Attachments: # 1 Exhibit A) to #216 Motion for Leave to File Surreply to Optum's Motion for Summary Judgment by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (McDevitt, Larry) Modified text on 4/5/2019 (ejb).
April 5, 2019 Opinion or Order Filing 216 MOTION for Leave to File Surreply to Optum's Motion for Summary Judgment by Sandra M. Peters. Responses due by 4/19/2019 (Attachments: #1 Exhibit A)(McDevitt, Larry)
April 5, 2019 Opinion or Order Filing 215 MEMORANDUM in Support re #214 Joint MOTION to Seal Document One Exhibit and Related Portions of Plaintiff's Proposed Surreply to Optum's Motion for Summary Judgment by OptumHealth Care Solutions, Inc.. (Boone, Brian)
April 5, 2019 Opinion or Order Filing 214 Joint MOTION to Seal Document One Exhibit and Related Portions of Plaintiff's Proposed Surreply to Optum's Motion for Summary Judgment by Sandra M. Peters. Responses due by 4/19/2019 (McDevitt, Larry)
April 5, 2019 Opinion or Order Filing 213 ORDER granting Defts' #204 Motion for Leave to File under Seal and as amended #208 , and redacted portions of Optum's reply brief shall be filed under seal until further Order of this Court. Signed by District Judge Martin Reidinger on 4/05/2019. (ejb)
April 5, 2019 Opinion or Order Filing 212 ORDER that, within 21 days of entry of this Order, each side shall submit a report to the Court addressing following issues: (1) Whether additional discovery is necessary in this case; (2) If additional discovery is warranted, a proposed deadline for completion of such additional discovery; and, (3) A proposed deadline for filing of dispositive motions. ( Status Report due by 4/26/2019.) Signed by District Judge Martin Reidinger on 4/05/2019. (ejb)
April 4, 2019 Opinion or Order Filing 211 ORDER granting #209 Motion for Leave to Appear Pro Hac Vice and #210 Motion for Leave to Appear Pro Hac Vice. Attorneys Jessica F. Rosenbaum, Earl B. Austin, III added for Aetna Inc., Aetna Life Insurance Company. Signed by District Judge Martin Reidinger on 4/4/2019. (kby)
April 4, 2019 Opinion or Order Notice to Earl B. Austin, III: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/11/2019. (kby)
April 4, 2019 Opinion or Order Notice to Jessica F. Rosenbaum: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 4/11/2019. (kby)
April 1, 2019 Opinion or Order Filing 210 MOTION for Leave to Appear Pro Hac Vice as to Jessica F. Rosenbaum Filing fee $ 281, receipt number 0419-3983756. by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
April 1, 2019 Opinion or Order Filing 209 MOTION for Leave to Appear Pro Hac Vice as to Earl B. Austin, III Filing fee $ 281, receipt number 0419-3983742. by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
April 1, 2019 Opinion or Order Filing 208 Consent MOTION to Amend/Correct #204 Joint MOTION to Seal One Exhibit and Certain Portions of Optum's Reply Supporting its Motion for Summary Judgment by OptumHealth Care Solutions, Inc.. Responses due by 4/15/2019 (Boone, Brian)
March 29, 2019 Opinion or Order Filing 207 Sealed Document (Sealed - Attorney): Reply in Support of Motion for Summary Judgment re: #206 Reply to Response to Motion, (available to OptumHealth Care Solutions, Inc., Sandra M. Peters, Aetna Life Insurance Company, Aetna Inc.) (Attachments: #1 Declaration, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28, #7 Exhibit 29)(Boone, Brian) Modified restrictions to give access to Plaitniffs on 4/1/2019 (ni). Modified access on 4/3/2019 (brl).
March 29, 2019 Opinion or Order Filing 206 REPLY to Response to Motion re #188 MOTION for Summary Judgment by OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit Declaration, #2 Exhibit 24, #3 Exhibit 25, #4 Exhibit 26, #5 Exhibit 27, #6 Exhibit 28, #7 Exhibit 29)(Boone, Brian)
March 29, 2019 Opinion or Order Filing 205 MEMORANDUM in Support re #204 Joint MOTION to Seal One Exhibit and Certain Portions of Optum's Reply Supporting its Motion for Summary Judgment by OptumHealth Care Solutions, Inc.. (Boone, Brian)
March 29, 2019 Opinion or Order Filing 204 Joint MOTION to Seal One Exhibit and Certain Portions of Optum's #206 Reply Supporting its Motion for Summary Judgment by OptumHealth Care Solutions, Inc. Responses due by 4/12/2019 (Boone, Brian) Modified text on 4/2/2019 (kby).
March 29, 2019 Opinion or Order Filing 203 MEMORANDUM OF DECISION AND ORDER that the Plaintiffs #144 Motion for Class Certification is DENIED. Signed by District Judge Martin Reidinger on 3/29/2019. (kby)
March 21, 2019 Opinion or Order Filing 202 ORDER granting Parties' #198 Joint Motion for Leave to File Under Seal Certain Exhibits and Related Portions of Pltf's Brief in Opposition to Optum's Motion for Summary Judgment, and exhibits and portions of Pltf's Brief identified in table set forth in the parties' Motion to Seal [Doc. 198 at 2-3] shall be sealed until further Order of this Court, re: Pltf's #199 Sealed Brief in Response to Motion. Signed by District Judge Martin Reidinger on 3/21/2019. (ejb)
March 16, 2019 Opinion or Order TEXT-ONLY ORDER granting #197 Motion for Extension of Time to File Reply re #188 MOTION for Summary Judgment Reply due by 3/29/2019 plus an additional 3 days if served by mail Text of Order: The Defendant's Motion is GRANTED, and the Defendant shall have an additional seven (7) days, through and including March 29, 2019, within which to file a reply in support of its motion for summary judgment. So Ordered. Entered by District Judge Martin Reidinger on 3/16/19. (LMR)
March 15, 2019 Opinion or Order Filing 201 MEMORANDUM in Support re #198 Joint MOTION to Seal Document Certain Exhibits and Related Portions of Plaintiff's Brief in Opposition to Optum's Motion for Summary Judgment by OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit 1)(Boone, Brian)
March 15, 2019 Opinion or Order Filing 200 RESPONSE in Opposition re #188 MOTION for Summary Judgment by Sandra M. Peters. Replies due by 3/22/2019 plus an additional 3 days if served by mail (Attachments: #1 Affidavit Declaration of Jason Knott, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40)(McDevitt, Larry)
March 15, 2019 Opinion or Order Filing 199 SEALED RESPONSE (Sealed - Attorney) to Motion re: #188 Motion for Summary Judgment by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Replies due by 3/22/2019 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 31, #11 Exhibit 33, #12 Exhibit 37, #13 Exhibit 39, #14 Exhibit 40)(McDevitt, Larry) (Additional attachment(s) added on 4/4/2019: #17 Exhibit 2, #18 Exhibit 3, #19 Exhibit 4, #20 Exhibit 6, #21 Exhibit 8, #22 Exhibit 17, #23 Exhibit 24, #24 Exhibit 27, #25 Exhibit 29, #26 Exhibit 32, #27 Exhibit 34, #28 Exhibit 35, #29 Exhibit 36). NEF Regenerated on 4/4/2019 (ejb).
March 15, 2019 Opinion or Order Filing 198 Joint MOTION to Seal Document Certain Exhibits and Related Portions of Plaintiff's Brief in Opposition to Optum's Motion for Summary Judgment by Sandra M. Peters. Responses due by 3/29/2019 plus an additional 3 days if served by mail (McDevitt, Larry)
March 15, 2019 Opinion or Order Filing 197 Unopposed MOTION for Extension of Time to File Response/Reply re: #188 MOTION for Summary Judgment by OptumHealth Care Solutions, Inc.. Responses due by 3/29/2019 plus an additional 3 days if served by mail (Boone, Brian)
March 5, 2019 Opinion or Order Filing 196 TRANSCRIPT of Class Certification Hearing held on 03/01/2019 before Judge Martin Reidinger. Court Reporter Beverly B. James (Contract), telephone number 954-649-1782. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 5/31/2019. (thh)
March 1, 2019 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Martin Reidinger. Re #159 Joint MOTION in Limine to Strike and Exclude Testimony, #144 MOTION to Certify Class . Motion taken under advisement, order to issue. Plaintiffs attorney: Larry S. McDevitt, Jason M. Knott, Nell Z. Peyser and David M. Wilkerson. Defendants attorney: E. Thomison Holman, Geoffrey M. Sigler, Brian D. Boone, Rebecca L Gauthier and Spari Aberle. Court reporter: Beverly B. James (Contract Reporter, 954-649-1782). (thh)
February 22, 2019 Opinion or Order Filing 195 Supplemental Corporate Disclosure Statement by Aetna Inc., Aetna Life Insurance Company (Holman, E.) Modified text on 2/26/2019 (kby).
February 6, 2019 Opinion or Order Filing 194 MOTION to Withdraw as Attorney on behalf of Bowen R. Shoemaker by OptumHealth Care Solutions, Inc.. Responses due by 2/20/2019 plus an additional 3 days if served by mail (Boone, Brian)
February 6, 2019 Opinion or Order Filing 193 ORDER granting Pltf's #191 Unopposed Motion for Extension of Time to File Response/Reply re: #188 MOTION for Summary Judgment filed by OptumHealth Care Solutions, Inc. Pltf's Response due by 3/15/2019 plus an additional 3 days if served by mail. Signed by District Judge Martin Reidinger on 2/06/2019. (ejb)
February 6, 2019 Opinion or Order Filing 192 ORDER granting Defendants' #186 Joint Motion for Leave to File Under Seal Certain Exhibits and Related Portions of Optums Brief in support of Motion for Summary Judgment and the redacted portions of Optums Brief in support of its Motion for Summary Judgment. See Order for further details. Signed by District Judge Martin Reidinger on 2/6/2019. (kby)
February 6, 2019 Opinion or Order TEXT-ONLY ORDER granting #194 Motion to Withdraw as Attorney. Attorney Bowen R. Shoemaker terminated Text of Order: Counsel's Motion is GRANTED, and attorney Bowen R. Shoemaker is hereby permitted to withdraw as counsel for OptumHealth Care Solutions, Inc. So Ordered. Entered by District Judge Martin Reidinger on 2/6/19. (LMR)
February 5, 2019 Opinion or Order Filing 191 Unopposed MOTION for Extension of Time to File Response/Reply re: #188 MOTION for Summary Judgment by Sandra M. Peters. Responses due by 2/19/2019 plus an additional 3 days if served by mail (McDevitt, Larry)
February 1, 2019 Opinion or Order Filing 190 Sealed Document (Sealed - Attorney): re: #188 MOTION for Summary Judgment by OptumHealth Care Solutions, Inc. (available to OptumHealth Care Solutions, Inc., Sandra M. Peters, Aetna Inc., Aetna Life Insurance Company) (Attachments: #1 Declaration of Rebecca L. Gauthier, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Boone, Brian) Modified on 2/4/2019 to restrict access to this document to Sandra M. Peters, Aetna Inc., Aetna Life Insurance Company in addition to OptumHealth Care Solutions, Inc. NEF Regenerated. (ejb)
February 1, 2019 Opinion or Order Filing 189 MEMORANDUM in Support re #188 MOTION for Summary Judgment by OptumHealth Care Solutions, Inc.. (Attachments: #1 Declaration of Rebecca L. Gauthier, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23)(Boone, Brian)
February 1, 2019 Opinion or Order Filing 188 MOTION for Summary Judgment by OptumHealth Care Solutions, Inc.. Responses due by 2/15/2019 plus an additional 3 days if served by mail (Boone, Brian)
January 31, 2019 Opinion or Order Filing 187 MEMORANDUM in Support re #186 Joint MOTION to Seal Certain Exhibits and Related Portions of Optum's Brief in Support of Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. (Attachments: #1 Exhibit Gallagher Declaration)(Boone, Brian) (Main Document 187 replaced on 2/1/2019 with corrected PDF). NEF Regenerated. (ejb)
January 31, 2019 Opinion or Order Filing 186 Joint MOTION to Seal Certain Exhibits and Related Portions of Optum's Brief in Support of Motion for Summary Judgment by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. Responses due by 2/14/2019 plus an additional 3 days if served by mail (Boone, Brian) (Main Document 186 replaced on 2/1/2019 with corrected PDF). NEF Regenerated. (ejb)
January 11, 2019 Opinion or Order Filing 185 MOTION to Withdraw as Attorney by Sandra M. Peters. (McDevitt, Larry)
January 11, 2019 Opinion or Order TEXT-ONLY ORDER granting #185 Motion to Withdraw as Attorney. Attorney Richard Miles Clark and Carl Spencer Kravitz terminated Text of Order: The Motion to Withdraw is GRANTED, and Carl S. Kravitz and R. Miles Clark are permitted to withdraw as counsel of record for the Plaintiff. So Ordered. Entered by District Judge Martin Reidinger on 1/11/19. (LMR)
November 15, 2018 Opinion or Order NOTICE of Hearing on Motion re: #159 Joint MOTION in Limine to Strike and Exclude Testimony, #144 MOTION to Certify Class: Motion Hearing RESET for 3/1/2019 at 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
November 5, 2018 Opinion or Order NOTICE of Hearing on Motion re: #159 Joint MOTION in Limine to Strike and Exclude Testimony, #144 MOTION to Certify Class: Motion Hearing set for 12/5/2018 at 09:00 AM in Courtroom 3, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document. (khm) Modified on 11/5/2018 to change location to Courtroom 3. NEF Regenerated. (khm)
October 12, 2018 Opinion or Order Filing 184 RESPONSE in Support re #159 Joint MOTION in Limine to Strike and Exclude Testimony of Constantijn Panis, Ph.D. by OptumHealth Care Solutions, Inc.. (Boone, Brian)
October 12, 2018 Opinion or Order Filing 183 NOTICE of Filing of Substitute Public Reply Brief in Support of Motion for Class Certification by Sandra M. Peters re #180 Reply to Response to Motion (Attachments: #1 Plaintiff's Reply in Support of Motion for Class Certification)(McDevitt, Larry)
October 11, 2018 Opinion or Order Filing 182 ORDER granting parties' #174 Joint Motion for Leave to File Under Seal Exhibits and Related Portions of Plaintiffs Response to Defendants' Motion to Strike Report and Exclude Testimony of Constantijn Panis, Ph.D.; granting parties' #178 Joint Motion for Leave to File Under Seal Exhibits and Portions of Plaintiff's Reply in Support of Class Certification. Signed by District Judge Martin Reidinger on 10/10/2018. (kby)
October 9, 2018 Opinion or Order Filing 181 MEMORANDUM in Support re #178 Joint MOTION to Seal Document Joint Motion for Leave to File Under Seal Exhibits and Portions of Plaintiff's Reply in Support of Class Certification by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit Gallagher Declaration)(Holman, E.)
October 9, 2018 Opinion or Order Filing 180 REPLY to Response to Motion re #144 MOTION to Certify Class by Sandra M. Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDevitt, Larry)
October 9, 2018 Opinion or Order Filing 179 SEALED REPLY (Sealed - Attorney) to Response to Motion re: #144 Motion to Certify Class,,, by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDevitt, Larry)
October 9, 2018 Opinion or Order Filing 178 Joint MOTION to Seal Document Joint Motion for Leave to File Under Seal Exhibits and Portions of Plaintiff's Reply in Support of Class Certification by Sandra M. Peters. Responses due by 10/23/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
October 5, 2018 Opinion or Order Filing 177 MEMORANDUM in Support re #174 Joint MOTION to Seal Document Plaintiff's Response to Defendants' Motion to Strike by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
October 5, 2018 Opinion or Order Filing 176 RESPONSE in Opposition (Redacted) re: #159 Joint MOTION in Limine to Strike and Exclude Testimony by Sandra M. Peters. Replies due by 10/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDevitt, Larry) Modified text on 10/5/2018 (ejb).
October 5, 2018 Opinion or Order Filing 175 SEALED RESPONSE (Unredacted) (Sealed - Attorney) to Motion re: #159 Motion in Limine by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Replies due by 10/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 1, #2 Exhibit 2)(McDevitt, Larry) Modified text on 10/5/2018 (ejb).
October 5, 2018 Opinion or Order Filing 174 Joint MOTION to Seal Document Plaintiff's Response to Defendants' Motion to Strike by Sandra M. Peters. Responses due by 10/19/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
October 3, 2018 Opinion or Order Filing 173 ORDER granting #169 Motion for Leave to File Under Seal Certain Exhibits and Related Portions of Defts' #163 Sealed Document Brief in Opposition to Motion for Class Certification and Defts' #161 Sealed Document Brief in Support of Defendants Motion to Strike Report and Exclude Testimony of Constantijn Panis, Ph.D. (See Order for further details.) Signed by District Judge Martin Reidinger on 10/03/2018. (ejb)
October 1, 2018 Opinion or Order Filing 172 SEALED RESPONSE (Sealed - Attorney) to Motion re: #144 Motion to Certify Class,,, by Defendants; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Replies due by 10/9/2018 plus an additional 3 days if served by mail (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 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 24, #21 Exhibit 25, #22 Exhibit 27, #23 Exhibit 28, #24 Exhibit 29, #25 Exhibit 33, #26 Exhibit 36, #27 Exhibit 37, #28 Exhibit 38, #29 Exhibit 39, #30 Exhibit 40, #31 Exhibit 41, #32 Exhibit 43, #33 Exhibit 45, #34 Exhibit 46, #35 Exhibit 48, #36 Exhibit 51, #37 Exhibit 52, #38 Exhibit 53, #39 Exhibit 55, #40 Exhibit 56, #41 Exhibit 58, #42 Exhibit 60, #43 Exhibit 61, #44 Exhibit 62, #45 Exhibit 63, #46 Exhibit 65, #47 Exhibit 66, #48 Exhibit 68, #49 Exhibit 70, #50 Exhibit 71, #51 Exhibit 73, #52 Exhibit 75, #53 Exhibit 77, #54 Exhibit 78, #55 Exhibit 79)(Holman, E.)
October 1, 2018 Opinion or Order Filing 171 MEMORANDUM in Opposition re #144 MOTION to Certify Class by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Replies due by 10/9/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Index/Kleinwaks Declaration, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81)(Holman, E.)
October 1, 2018 Opinion or Order Filing 170 MEMORANDUM in Support re #169 Joint MOTION to Seal Document #163 Sealed Document,,,,, #159 Joint MOTION in Limine to Strike and Exclude Testimony, #161 Sealed Document, #162 Memorandum in Opposition to Motion,,,,,,, #160 Memorandum in Support of Motion, by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A - Cross Declaration, #2 Exhibit B - Gallagher Declaration)(Holman, E.)
October 1, 2018 Opinion or Order Filing 169 Joint MOTION to Seal Document #163 Sealed Document,,,,, #159 Joint MOTION in Limine to Strike and Exclude Testimony, #161 Sealed Document, #162 Memorandum in Opposition to Motion,,,,,,, #160 Memorandum in Support of Motion, by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 10/15/2018 plus an additional 3 days if served by mail (Holman, E.)
September 25, 2018 Opinion or Order Filing 168 ORDER denying without prejudice the #157 Motion for Leave to File under Seal Certain Exhibits and Related Portions of Defendants' Brief in Opposition to Plaintiff's Motion for Class Certification and Brief in Support of Defendants' Motion to Strike and Exclude Testimony of Constantijn Panis, Ph.D. Signed by District Judge Martin Reidinger on 9/25/2018. (kby)
September 25, 2018 Opinion or Order Filing 167 ORDER: The Plaintiff's #165 Consent Motion to Expand Page Limits for Reply is DENIED AS MOOT. Signed by District Judge Martin Reidinger on 9/25/2018. (maf)
September 21, 2018 Opinion or Order Filing 166 RESPONSE in Opposition re #157 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief by Sandra M. Peters. Replies due by 9/28/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
September 21, 2018 Opinion or Order Filing 165 Consent MOTION for Leave to File Excess Pages Consent Motion to Expand Page Limits for Reply in Support of Class Certification by Sandra M. Peters. Responses due by 10/5/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
September 14, 2018 Opinion or Order TEXT-ONLY ORDER granting #164 Motion for Extension of Time to File Response/Reply re #159 Joint MOTION in Limine to Strike and Exclude Testimony Responses due by 10/5/2018 plus an additional 3 days if served by mail Text of Order: The Plaintiff's Consent Motion is GRANTED, and the Plaintiff shall have an additional fourteen (14) days, through and including October 5, 2018, to respond to the Defendants' Motion to Exclude. So Ordered. Entered by District Judge Martin Reidinger on 9/14/18. (LMR)
September 13, 2018 Opinion or Order Filing 164 Consent MOTION for Extension of Time to File Response/Reply re: #159 Joint MOTION in Limine to Strike and Exclude Testimony by Sandra M. Peters. Responses due by 9/27/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
September 7, 2018 Opinion or Order Filing 163 Sealed Document (Sealed - Attorney): Defendants' Brief in Opposition to Motion for Class Certification re: #162 Memorandum in Opposition to Motion,,,,,,, by Defendants; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (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 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 24, #21 Exhibit 25, #22 Exhibit 26, #23 Exhibit 27, #24 Exhibit 28, #25 Exhibit 29, #26 Exhibit 30, #27 Exhibit 31, #28 Exhibit 32, #29 Exhibit 33, #30 Exhibit 36, #31 Exhibit 37, #32 Exhibit 38, #33 Exhibit 39, #34 Exhibit 40, #35 Exhibit 41, #36 Exhibit 43, #37 Exhibit 45, #38 Exhibit 46, #39 Exhibit 48, #40 Exhibit 51, #41 Exhibit 52, #42 Exhibit 53, #43 Exhibit 55, #44 Exhibit 56, #45 Exhibit 58, #46 Exhibit 60, #47 Exhibit 61, #48 Exhibit 62, #49 Exhibit 63, #50 Exhibit 65, #51 Exhibit 66, #52 Exhibit 68, #53 Exhibit 70, #54 Exhibit 71, #55 Exhibit 73, #56 Exhibit 75, #57 Exhibit 77, #58 Exhibit 78, #59 Exhibit 79)(Holman, E.)
September 7, 2018 Opinion or Order Filing 162 MEMORANDUM in Opposition re #144 MOTION to Certify Class by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Replies due by 9/14/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Kleinwaks Declaration, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81)(Holman, E.)
September 7, 2018 Opinion or Order Filing 161 Sealed Document (Sealed - Attorney): Memorandum Supporting Motion to Strike and Exclude re: #159 Joint MOTION in Limine to Strike and Exclude Testimony, #160 Memorandum in Support of Motion, by Defendants; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 1 - Panis Testimony, #2 Exhibit 2 - Expert Report)(Holman, E.)
September 7, 2018 Opinion or Order Filing 160 MEMORANDUM in Support re #159 Joint MOTION in Limine to Strike and Exclude Testimony by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit 1- Panis Testimony (redacted), #2 Exhibit 2 - Expert Report (redacted))(Holman, E.)
September 7, 2018 Opinion or Order Filing 159 Joint MOTION in Limine to Strike and Exclude Testimony by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 9/21/2018 plus an additional 3 days if served by mail (Holman, E.)
September 7, 2018 Opinion or Order Filing 158 MEMORANDUM in Support re #157 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief Defendants' Brief by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A - Cross Declaration, #2 Exhibit B - Gallagher Declaration)(Holman, E.)
September 7, 2018 Opinion or Order Filing 157 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 9/21/2018 plus an additional 3 days if served by mail (Holman, E.)
September 6, 2018 Opinion or Order Filing 156 ORDER that Defts' request for a limited redaction of Exhibit 15 is DENIED. Clerk of Court shall unseal Exhibit 15 [144-17 & 146-13] to the Pltf's #144 Motion for Class Certification and file Exhibit 15 as an unsealed document on the public docket. Signed by District Judge Martin Reidinger on 9/06/2018. (ejb)
August 27, 2018 Opinion or Order Filing 155 RESPONSE re #154 Supplemental Memorandum,, Plaintiff's Response to Aetna's Supplemental Memorandum in Support of Continued Sealing of Portions of Exhibit 15 to Plaintiff's Motion for Class Certification by Sandra M. Peters. (McDevitt, Larry)
August 23, 2018 Opinion or Order Filing 154 Supplemental Memorandum by Aetna Inc., Aetna Life Insurance Company as to #143 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief by Aetna Inc., Aetna Life Insurance Company. (Attachments: #1 Exhibit A - Redacted Attachment, #2 Exhibit B - Butcher Declaration, #3 Exhibit C - Computer Sciences Corp. Declaration, #4 Exhibit D - Doyle Declaration, #5 Exhibit E - Morrell Declaration, #6 Exhibit F - Premo Declaration, #7 Exhibit G - Magill Declaration, #8 Exhibit H - DOL Advisory Opinion Letter)(Holman, E.)
August 21, 2018 Opinion or Order Filing 153 ORDER granting #152 Joint Motion for Leave for Defendants to File Consolidated 40-Page Response Brief, and for Plaintiff to File Single 30-Page Reply. Signed by District Judge Martin Reidinger on 8/21/2018. (kby)
August 16, 2018 Opinion or Order Filing 152 Joint MOTION Modify Pretrial Order re Consolidated Briefing for Response and Reply re Motion for Class Certification by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 8/30/2018 plus an additional 3 days if served by mail (Holman, E.)
August 14, 2018 Opinion or Order Filing 151 ORDER granting #150 Motion to Withdraw as Attorney. Attorney Jason E. Neal permitted to withdraw as an attorney of record in this case. The Defendants Aetna Inc. and Aetna Life Insurance Company will continue to be represented by other counsel of record. Signed by District Judge Martin Reidinger on 8/14/2018. (kby)
August 10, 2018 Opinion or Order Filing 150 MOTION to Withdraw as Attorney by Aetna Inc., Aetna Life Insurance Company. (Neal, Jason)
August 9, 2018 Opinion or Order Filing 149 ORDER granting Parties' #143 Joint Motion for Leave to File Under Seal. IT IS FURTHER ORDERED that, within 14 days of the entry of this Order, parties shall file a supplemental brief further explaining and justifying the permanent sealing of Exhibit 15. Please see Order for further details and instructions. Signed by District Judge Martin Reidinger on 8/9/2018. (kby)
August 9, 2018 Opinion or Order Set Deadlines: Parties to file supplemental brief by 8/23/2018. (kby)
August 8, 2018 Opinion or Order Filing 148 ORDER granting in part and denying in part Parties' #147 Joint MOTION to Modify Class Certification Briefing Schedule and Page Limits; specifically, granting to extent deadline for Defts' Responses to #144 MOTION to Certify Class are due by 9/7/2018 plus an additional 3 days if served by mail, and Pltf's Replies are due by 9/28/2018 plus an additional 3 days if served by mail; and denying Motion to extent parties seek an extension of page limits previously set forth re: #81 Order. Signed by District Judge Martin Reidinger on 8/08/2018. (ejb)
August 6, 2018 Opinion or Order Filing 147 Joint MOTION to Amend/Correct #81 Order,,, Terminate Motions,,, Set Pretrial Order Deadlines,, by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 8/20/2018 plus an additional 3 days if served by mail (Holman, E.)
August 3, 2018 Opinion or Order Filing 146 Sealed Document (Sealed - Attorney): Brief in Support of Motion to Certify Class re: #144 MOTION to Certify Class by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Affidavit, #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, #12 Exhibit 12, #13 Exhibit 15 Unsealed per #156 Order, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 26, #24 Exhibit 27, #25 Exhibit 28)(McDevitt, Larry) Modified text of Attachment #13 on 9/6/2018 (ejb). (Attachment 13 PDF replaced and text modified on 9/6/2018) (ejb). NEF Regenerated. (ejb)
August 3, 2018 Opinion or Order Filing 145 MEMORANDUM in Support re #143 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A - Cross Hennigan Declaration, #2 Exhibit B - Gallagher Declaration)(Holman, E.)
August 3, 2018 Opinion or Order Filing 144 MOTION to Certify Class by Sandra M. Peters. Responses due by 8/17/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum, #2 Affidavit, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15 Unsealed per #156 Order, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30)(McDevitt, Larry) (Attachment 17 replaced and modified text of Attachment 17 on 9/6/2018) (ejb).
August 3, 2018 Opinion or Order Filing 143 Joint MOTION to Seal Certain Exhibits and Portions of Plaintiff's Brief by Aetna Inc., Aetna Life Insurance Company. Responses due by 8/17/2018 plus an additional 3 days if served by mail (Holman, E.)
July 27, 2018 Opinion or Order Filing 142 MEMORANDUM OF DECISION AND ORDER that the Plaintiff's #128 Motion for Leave to File First Amended Class Action Complaint is DENIED. FURTHER ORDERED that the #127 Joint Motion for Leave to File Under Seal Portions of Plaintiff's Motion for Leave to File a First Amended Class Action Complaint and Proposed First Amended Class Action Complaint and #132 Defendants' Motion for Leave to File under Seal Portions of Defendants' Combined Opposition to Plaintiff's Motion for Leave to File First Amended Class Action Complaint and Exhibits C and D are DEEMED WITHDRAWN. Signed by District Judge Martin Reidinger on 7/27/2018. (khm) Modified text on 8/1/2018 (kby).
July 27, 2018 Opinion or Order Filing 141 ORDER denying #89 Plaintiff's Motion to Compel Aetna and Optum to Produce Documents Improperly Redacted or Withheld as Privileged. Signed by District Judge Martin Reidinger on 7/27/2018. (khm)
July 2, 2018 Opinion or Order Filing 140 Supplemental Memorandum by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. as to #127 Joint MOTION to Seal Document , #132 Joint MOTION to Seal by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Holman, E.)
June 26, 2018 Opinion or Order Filing 139 TRANSCRIPT of Motion to Compel Hearing Proceeding held on June 19, 2018 before Judge Martin K. Reidinger. Court Reporter Tracy Dunlap, telephone number 828.771.7217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 9/21/2018. (Reporter: Tracy Dunlap, 828-771-7217)
June 20, 2018 Opinion or Order Filing 138 NOTICE of Appearance by Rebecca L. Gauthier, K on behalf of OptumHealth Care Solutions, Inc. (Gauthier, Rebecca)
June 19, 2018 Opinion or Order Filing 137 REPLY to Response to Motion re #128 MOTION for Leave to File First Amended Complaint by Sandra M. Peters. (McDevitt, Larry)
June 19, 2018 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Martin Reidinger re #89 MOTION to Compel Aetna and Optum to Produce Documents, #127 Joint MOTION to Seal Document, #128 MOTION for Leave to File First Amended Complaint. Motions taken under advisement, order to issue. Plaintiff attorneys: David Wilkerson, Jason Knott. Defendant Aetna, Inc. attorneys: E. Thomison Holman, Geoffrey Sigler, Richard Dorn. Defendant OptumHealth Care Solutions, Inc. attorneys: Brian Boone, Rebecca Gauthier. Court reporter: Tracy Dunlap, 828-771-7217. (khm)
June 18, 2018 Opinion or Order Filing 136 ORDER granting #131 Motion for Leave to Appear Pro Hac Vice. Attorney Jahnisa T. Loadholt added for OptumHealth Care Solutions, Inc. Signed by District Judge Martin Reidinger on 6/18/2018. (kby)
June 18, 2018 Opinion or Order Notice to Jahnisa Loadholt: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/25/2018. (kby)
June 12, 2018 Opinion or Order Filing 135 Sealed Document (Sealed - Attorney): Sealed Opposition and Exhibits re: #133 Memorandum in Support of Motion, #134 Memorandum in Opposition to Motion, #132 Joint MOTION to Seal (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit C - Eichten Depo Excerpt, #2 Exhibit D - Kilpinen Depo Excerpt)(Holman, E.)
June 12, 2018 Opinion or Order Filing 134 MEMORANDUM in Opposition re #128 MOTION for Leave to File First Amended Complaint by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Replies due by 6/19/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit A - Neal Declaration, #2 Exhibit B - Loadholt Declaration, #3 Exhibit C - Eichten Depo Excerpt, #4 Exhibit D - Kilpinen Depo Excerpt, #5 Exhibit E - Cross Depo Excerpt)(Holman, E.)
June 12, 2018 Opinion or Order Filing 133 MEMORANDUM in Support re #132 Joint MOTION to Seal by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A - Hagens Declaration, #2 Exhibit B - Gallagher Declaration)(Holman, E.)
June 12, 2018 Opinion or Order Filing 132 Joint MOTION to Seal by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 6/26/2018 plus an additional 3 days if served by mail (Holman, E.)
June 12, 2018 Opinion or Order Filing 131 MOTION for Leave to Appear Pro Hac Vice as to Jahnisa T. Loadholt Filing fee $ 281, receipt number 0419-3718855. by OptumHealth Care Solutions, Inc.. (Boone, Brian)
May 29, 2018 Opinion or Order Filing 130 MEMORANDUM in Support re #127 Joint MOTION to Seal Document by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boone, Brian)
May 29, 2018 Opinion or Order Filing 129 Sealed Document (Sealed - Attorney): Memorandum in Support of Motion to Amend re: #128 MOTION for Leave to File First Amended Complaint by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit)(McDevitt, Larry)
May 29, 2018 Opinion or Order Filing 128 MOTION for Leave to File First Amended Complaint by Sandra M. Peters. Responses due by 6/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum, #2 Exhibit, #3 Proposed Order)(McDevitt, Larry)
May 29, 2018 Opinion or Order Filing 127 Joint MOTION to Seal Document by Sandra M. Peters. Responses due by 6/12/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
May 18, 2018 Opinion or Order NOTICE of Hearing on Motion re: #89 MOTION to Compel Aetna and Optum to Produce Documents: Motion Hearing set for 6/19/2018 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
May 16, 2018 Opinion or Order Filing 126 ORDER granting #123 Motion to Withdraw as Attorney. Attorney Julian W. DuRant shall be permitted to withdraw as an attorney of record in this case. Signed by District Judge Martin Reidinger on 5/15/2018. (kby)
May 16, 2018 Opinion or Order Filing 125 ORDER denying Optum's #117 Motion for Leave to File Sur-Reply; IT IS FURTHER ORDERED that Defendants' #119 Joint Motion for Leave to File Under Seal is denied as moot. Signed by District Judge Martin Reidinger on 5/15/2018. (kby)
May 16, 2018 Opinion or Order Filing 124 ORDER granting Parties' #111 Joint Motion for Leave to File Under Seal re: #112 Sealed Reply and #113 Sealed Reply. Redacted portions of the listed documents and materials shall be filed under seal until further Order of this Court. See Order for further details. Signed by District Judge Martin Reidinger on 5/15/2018. (kby)
May 10, 2018 Opinion or Order Filing 123 MOTION to Withdraw as Attorney by OptumHealth Care Solutions, Inc.. (DuRant, Julian)
May 10, 2018 Opinion or Order Filing 122 RESPONSE in Opposition re #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by Sandra M. Peters. Replies due by 5/17/2018 plus an additional 3 days if served by mail (McDevitt, Larry)
May 5, 2018 Opinion or Order Filing 121 Sealed Document (Sealed - Attorney): Exhibit A to Optum's Motion for Leave to File Sur-Reply (Motion to Seal Pending) re: #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel, #119 Joint MOTION to Seal Document #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by OptumHealth Care Solutions, Inc.; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Boone, Brian)
May 5, 2018 Opinion or Order Filing 120 MEMORANDUM in Support re #119 Joint MOTION to Seal Document #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 4th Gallagher Declaration)(Boone, Brian)
May 5, 2018 Opinion or Order Filing 119 Joint MOTION to Seal Document #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 5/21/2018 plus an additional 3 days if served by mail (Boone, Brian)
May 5, 2018 Opinion or Order Filing 118 MEMORANDUM in Support re #117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by OptumHealth Care Solutions, Inc.. (Boone, Brian)
May 5, 2018 Opinion or Order Filing 117 MOTION for Leave to File Sur-Reply to Peters's Motion to Compel by OptumHealth Care Solutions, Inc.. Responses due by 5/21/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Sur-Reply)(Boone, Brian)
April 30, 2018 Opinion or Order Filing 116 MEMORANDUM in Support re #111 Joint MOTION to Seal Document by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Cross Declaration, #2 Gallagher Declaration)(Boone, Brian)
April 30, 2018 Opinion or Order Filing 115 REPLY to Response to Motion re #89 MOTION to Compel Aetna to Produce Documents by Sandra M. Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McDevitt, Larry) Modified text on 5/4/2018 (kby).
April 30, 2018 Opinion or Order Filing 114 REPLY to Response to Motion re #89 MOTION to Compel Optum to Produce Documents by Sandra M. Peters. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(McDevitt, Larry) Modified text on 5/4/2018 (kby).
April 30, 2018 Opinion or Order Filing 113 SEALED REPLY (Sealed - Attorney) to #101 Sealed Response to #89 Motion to Compel Optum to Produce Documents, by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(McDevitt, Larry) Modified text on 5/4/2018 (kby).
April 30, 2018 Opinion or Order Filing 112 SEALED REPLY (Sealed - Attorney) to #101 Sealed Response to #89 MOTION to Compel Aetna to Produce Documents by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 1)(McDevitt, Larry) Modified text on 5/4/2018 (kby).
April 30, 2018 Opinion or Order Filing 111 Joint MOTION to Seal Document by Sandra M. Peters. Responses due by 5/14/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
April 25, 2018 Opinion or Order Filing 110 ORDER denying parties' #109 Joint Motion. Signed by District Judge Martin Reidinger on 4/25/2018. (kby)
April 23, 2018 Opinion or Order Filing 109 Joint MOTION to Amend/Correct #81 Order,,, Terminate Motions,,, Set Pretrial Order Deadlines,, by Sandra M. Peters. Responses due by 5/7/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
April 18, 2018 Opinion or Order Filing 108 ORDER granting Parties' #106 Joint Motion to Produce Claim Data Containing PHI. (See Order for further details.) Signed by District Judge Martin Reidinger on 4/18/2018. (ejb)
April 13, 2018 Opinion or Order Filing 107 MEMORANDUM in Support re #106 Joint MOTION to Produce Claim Data Containing PHI by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
April 13, 2018 Opinion or Order Filing 106 Joint MOTION to Produce Claim Data Containing PHI by Aetna Inc., Aetna Life Insurance Company. Responses due by 4/27/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(Holman, E.)
April 11, 2018 Opinion or Order Filing 105 ORDER granting #98 Motion to Seal. See Order for further information. Signed by District Judge Martin Reidinger on 4/11/2018. (kby)
April 11, 2018 Opinion or Order Filing 104 Consent MOTION for Extension of Time to File Response/Reply re: #89 MOTION to Compel Aetna and Optum to Produce Documents by Sandra M. Peters. Responses due by 4/25/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
April 11, 2018 Opinion or Order TEXT-ONLY ORDER granting #104 Motion for Extension of Time to File Response/Reply re #89 MOTION to Compel Aetna and Optum to Produce Documents Reply due by 4/30/2018 plus an additional 3 days if served by mail Text of Order: The Plaintiff's Motion is GRANTED, and the Plaintiff shall file any reply to the Defendants' responses to the motion to compel no later than April 30, 2018. So Ordered. Entered by District Judge Martin Reidinger on 4/11/18. (LMR)
April 5, 2018 Opinion or Order Filing 103 SEALED RESPONSE (Sealed - Attorney) to Motion re: #89 Motion to Compel,, #98 Motion to Seal, by Optum; (available to OptumHealth Care Solutions, Inc., Aetna Inc., Aetna Life Insurance Company, Sandra M. Peters) Replies due by 4/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 4, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 15, #11 Exhibit 17)(Boone, Brian) Modified access on 4/6/2018 (brl).
April 5, 2018 Opinion or Order Filing 102 MEMORANDUM in Opposition re #89 MOTION to Compel Aetna and Optum to Produce Documents by OptumHealth Care Solutions, Inc.. Replies due by 4/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit)(Boone, Brian)
April 5, 2018 Opinion or Order Filing 101 SEALED RESPONSE (Sealed - Attorney) to Motion re: #89 Motion to Compel,, #98 Motion to Seal, (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Replies due by 4/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 2 (Sealed), #2 Exhibit 3 (Sealed), #3 Exhibit 4 (Sealed), #4 Exhibit 5 (Sealed), #5 Exhibit 12 (Sealed), #6 Exhibit 13 (Sealed), #7 Exhibit 14 (Sealed), #8 Exhibit 15 (Sealed))(Holman, E.) Modified access on 4/6/2018 (brl).
April 5, 2018 Opinion or Order Filing 100 MEMORANDUM in Opposition re #89 MOTION to Compel Aetna and Optum to Produce Documents by Aetna Inc., Aetna Life Insurance Company. Replies due by 4/12/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Index, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19)(Holman, E.)
April 5, 2018 Opinion or Order Filing 99 MEMORANDUM in Support re #98 Joint MOTION to Seal CERTAIN SUPPORTING MATERIALS FOR DEFENDANTS RESPONSES IN OPPOSITION TO PLAINTIFFS MOTION TO COMPEL by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Holman, E.)
April 5, 2018 Opinion or Order Filing 98 Joint MOTION to Seal CERTAIN SUPPORTING MATERIALS FOR DEFENDANTS RESPONSES IN OPPOSITION TO PLAINTIFFS MOTION TO COMPEL by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. Responses due by 4/19/2018 plus an additional 3 days if served by mail (Holman, E.)
April 3, 2018 Opinion or Order Filing 97 NOTICE of Appearance by Jason N. Kleinwaks on behalf of Aetna Inc., Aetna Life Insurance Company (Kleinwaks, Jason)
March 14, 2018 Opinion or Order Filing 96 ORDER granting #88 Joint Motion for Leave to File Under Seal re #90 Sealed Documents. See Order for specifics. Signed by District Judge Martin Reidinger on 3/13/2018. (kby)
March 14, 2018 Opinion or Order Filing 95 ORDER granting #93 Motion for Leave to Appear Pro Hac Vice. Attorney Jason N. Kleinwaks added for Aetna Inc. and Aetna Life Insurance Company. Signed by District Judge Martin Reidinger on 3/13/2018. (kby)
March 14, 2018 Opinion or Order Notice to Jason N. Kleinwaks: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/21/2018. (kby)
March 13, 2018 Opinion or Order Filing 94 CERTIFICATE OF SERVICE by Aetna Inc., Aetna Life Insurance Company re #93 MOTION for Leave to Appear Pro Hac Vice as to Jason N. Kleinwaks Filing fee $ 281, receipt number 0419-3624921. (Holman, E.)
March 13, 2018 Opinion or Order TEXT-ONLY ORDER granting #85 Motion for Extension of Time to File Response/Reply re #89 MOTION to Compel Aetna and Optum to Produce Documents Responses due by 4/5/2018 plus an additional 3 days if served by mail Replies due by 4/19/2018 plus an additional 3 days if served by mail Text of Order: The parties' motion is GRANTED, and the Defendants shall have through and including April 5, 2018 to file a response to the Plaintiff's motion to compel. The Plaintiff shall file her reply no later than April 19, 2018. So Ordered. Entered by District Judge Martin Reidinger on 3/13/18. (LMR)
March 12, 2018 Opinion or Order Filing 93 MOTION for Leave to Appear Pro Hac Vice as to Jason N. Kleinwaks Filing fee $ 281, receipt number 0419-3624921. by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
March 12, 2018 Opinion or Order Filing 92 CERTIFICATE OF SERVICE by Sandra M. Peters re #90 Sealed Document, of Memorandum in Support of Motion to Compel (McDevitt, Larry)
March 8, 2018 Opinion or Order Filing 91 MEMORANDUM in Support re #88 Joint MOTION to Seal Document by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Boone, Brian)
March 8, 2018 Opinion or Order Filing 90 Sealed Document (Sealed - Attorney): Memorandum in Support of Motion to Compel with Exhibits re: #89 MOTION to Compel Aetna and Optum to Produce Documents by Sandra Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 13)(McDevitt, Larry)
March 8, 2018 Opinion or Order Filing 89 MOTION to Compel Aetna and Optum to Produce Documents by Sandra M. Peters. Responses due by 3/22/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum Redacted, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 - Redacted, #5 Exhibit 4- Face Sheet - Filed Under Seal, #6 Exhibit 5, #7 Exhibit 6 - Redacted, #8 Exhibit 7 - Face Sheet - Filed Under Seal, #9 Exhibit 8 - Face Sheet - Filed Under Seal, #10 Exhibit 9 - Face Sheet - Filed Under Seal, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13 - Redacted, #15 Proposed Order)(McDevitt, Larry)
March 8, 2018 Opinion or Order Filing 88 Joint MOTION to Seal Document by Sandra M. Peters. Responses due by 3/22/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
February 28, 2018 Opinion or Order Filing 87 JOINT NOTICE of Withdrawal of Plaintiff's #84 Motion to Compel by Sandra M. Peters (McDevitt, Larry) Modified event type on 3/1/2018 (kby).
February 23, 2018 Opinion or Order Filing 86 ORDER denying #83 Motion to Seal Document #84 SEALED MOTION (Sealed - Attorney) Motion to Compel by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters). See Order for further instructions. Signed by District Judge Martin Reidinger on 2/23/2018. (kby)
February 22, 2018 Opinion or Order Filing 85 Joint MOTION for Extension of Time to File Response/Reply re: #84 SEALED MOTION (Sealed - Attorney) Motion to Compel by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) for Defendants to Respond to Plaintiffs Motion to Compel and for Plaintiff to File Any Reply by Aetna Inc., Aetna Life Insurance Company. Responses due by 3/8/2018 plus an additional 3 days if served by mail (Holman, E.)
February 20, 2018 Opinion or Order Filing 84 ***WITHDRAWN PER #87 JOINT NOTICE OF WITHDRAWAL*** SEALED MOTION (Sealed - Attorney) Motion to Compel by Sandra M. Peters; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) Responses due by 3/6/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum, #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, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Proposed Order)(McDevitt, Larry) Modified text on 3/1/2018 (kby).
February 20, 2018 Opinion or Order Filing 83 MOTION to Seal Document Motion to Compel, Memorandum and Exhibits by Sandra M. Peters. Responses due by 3/6/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum, #2 Proposed Order)(McDevitt, Larry)
February 14, 2018 Opinion or Order Filing 82 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Owens, Raymond)
January 18, 2018 Opinion or Order Filing 81 ORDER that parties' Fourth #80 Joint MOTION to Modify Scheduling Order is GRANTED and the deadlines set forth in the #61 Scheduling Order, as amended Docs. #66 , #72 , #77 are hereby further AMENDED as follows: Completion of Fact Discovery due by 3/8/2018; Class Certification Expert Disclosures - Pltf's due by 4/27/2018 & Defts' due by 6/08/2018; Class Certification Expert Discovery due by 6/29/2018; Pltf's Motion for Class Certification due by 8/3/2018, Deft's Responses due by 8/24/2018, and Pltf's Reply due by 9/04/2018. Signed by District Judge Martin Reidinger on 1/18/2018. (ejb)
January 10, 2018 Opinion or Order Filing 80 Joint MOTION to Amend/Correct #77 Order on Motion to Amend/Correct,, by Sandra M. Peters. Responses due by 1/24/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
December 18, 2017 Opinion or Order Filing 79 ORDER granting #78 Motion for Leave to Appear Pro Hac Vice, added Bowen R. Shoemaker for OptumHealth Care Solutions, Inc. Signed by District Judge Martin Reidinger on 12/18/2017. (ejb)
December 18, 2017 Opinion or Order Notice to Attorney Bowen R. Shoemaker: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/27/2017. (ejb)
December 1, 2017 Opinion or Order Filing 78 MOTION for Leave to Appear Pro Hac Vice as to Bowen R. Shoemaker Filing fee $ 281, receipt number 0419-3529442. by OptumHealth Care Solutions, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing)(Boone, Brian)
November 28, 2017 Opinion or Order Filing 77 ORDER granting #75 Joint Motion to Modify Scheduling Order, and the deadlines set forth in the #61 Scheduling Order, as amended [Docs. 66, 72] are hereby further AMENDED as follows: Completion of Fact Discovery due by 1/31/2018; Class Certification Expert Disclosures - Pltf's due by 3/14/2018 & Defts' due by 4/25/2018; Class Certification Expert Discovery due by 5/25/2018; Pltf's Motion for Class Certification due 6/22/2018, Defts' Responses due by 7/13/2018 & Pltf's Reply due by 7/27/2018. Signed by District Judge Martin Reidinger on 11/28/2017. (khm)
November 27, 2017 Opinion or Order Filing 76 NOTICE of Change of Address by E. Thomison Holman (Holman, E.)
November 21, 2017 Opinion or Order Filing 75 Joint MOTION to Amend/Correct #61 Scheduling Order, #72 Order,,, Set Pretrial Order Deadlines,,, Terminate Motions,, Third Joint Motion to Modify Scheduling Order by Sandra M. Peters. Responses due by 12/5/2017 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
September 13, 2017 Opinion or Order Filing 74 NOTICE of Change of Address by D. Brian Hufford (Hufford, D.)
September 1, 2017 Opinion or Order Filing 73 NOTICE of Appearance by Julian W. DuRant on behalf of OptumHealth Care Solutions, Inc. (DuRant, Julian)
September 1, 2017 Opinion or Order Filing 72 ORDER granting #71 Joint MOTION to Modify #61 & #66 Scheduling Orders as follows: Completion of Fact Discovery due by 12/15/2017; Class Certification Expert Disclosures - Pltf's due by 1/26/2018 & Defts' due by 3/09/2018; Class Certification Expert Discovery due by 4/09/2018; Pltfs Motion for Class Certification due 5/09/2018, Defts' Responses due by 5/30/2018 & Pltf's Reply due by 6/13/2018. Signed by District Judge Martin Reidinger on 9/01/2017. (ejb)
August 30, 2017 Opinion or Order Filing 71 Joint MOTION to Amend/Correct #61 Scheduling Order, #66 Order on Motion to Amend/Correct Second Joint Motion to Modify Scheduling Order by Sandra M. Peters. Responses due by 9/13/2017 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
August 28, 2017 Opinion or Order Filing 70 ORDER granting #67 Motion for Leave to Appear Pro Hac Vice; Attorney Nell Z. Peyser added for Sandra M. Peters. Signed by District Judge Martin Reidinger on 8/28/2017. (kby)
August 28, 2017 Opinion or Order Filing 69 ORDER granting #68 Motion for Leave to Appear Pro Hac Vice; attorney R. Miles Clark added for Sandra M. Peters. Signed by District Judge Martin Reidinger on 8/28/2017. (kby)
August 28, 2017 Opinion or Order Notice to R. Miles Clark: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/5/2017. (kby)
August 28, 2017 Opinion or Order Notice to Nell Z. Peyser: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 9/5/2017. (kby)
August 18, 2017 Opinion or Order Filing 68 MOTION for Leave to Appear Pro Hac Vice as to R. Miles Clark Filing fee $ 281, receipt number 0419-3429437. by Sandra M. Peters. (McDevitt, Larry)
August 18, 2017 Opinion or Order Filing 67 MOTION for Leave to Appear Pro Hac Vice as to Nell Z. Peyser Filing fee $ 281, receipt number 0419-3429350. by Sandra M. Peters. (McDevitt, Larry) Modified on text 8/18/2017 to correct spelling of PHV Atty. NEF Regenerated. (ejb)
April 21, 2017 Opinion or Order Filing 66 MEMORANDUM OF DECISION AND ORDER granting #65 Joint Motion to Modify Scheduling Order (see order for deadlines). Signed by District Judge Martin Reidinger on 04/21/2017. (thh) Modified text on 4/26/2017 (khm)
April 18, 2017 Opinion or Order Filing 65 Joint MOTION to Amend/Correct #61 Scheduling Order, by Sandra M. Peters. Responses due by 5/2/2017 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(McDevitt, Larry)
December 30, 2016 Opinion or Order Filing 64 CONSENT PROTECTIVE ORDER. Signed by District Judge Martin Reidinger on 12/30/2016. (khm)
December 27, 2016 Opinion or Order Filing 63 Joint MOTION for Protective Order by Aetna Inc., Aetna Life Insurance Company. Responses due by 1/10/2017 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Consent Protective Order)(Holman, E.)
December 12, 2016 Opinion or Order Filing 62 TRANSCRIPT of Initial Pretrial Conference held on November 21, 2016 before Judge Martin K. Reidinger. Court Reporter Tracy Dunlap, telephone number 828.771.7217. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/9/2017. (Reporter: Tracy Dunlap, 828-771-7217)
November 21, 2016 Opinion or Order Filing 61 Pretrial Order and Case Management Plan: Fact Discovery due by 6/1/2017. Class Certification Expert Disclosures-Pla due by 7/1/2017; Dfts due by 8/10/2017. Class Certification Expert Discovery due by 9/10/2017. Motion for Class Certification due by 10/10/2017. Response to Class Certification Motion due by 10/31/2017. Reply to Class Certification Motion due by 11/14/2017. Signed by District Judge Martin Reidinger on 11/21/2016. (kby)
November 21, 2016 Opinion or Order Minute Entry: STATUS CONFERENCE held before District Judge Martin Reidinger. Plaintiffs attorneys: Larry McDevitt, Jason Knott. Defendants attorneys: E. Thomison Holman, Geoffrey Sigler, Brian Boone, Emily McGowan. Court reporter: Tracy Dunlap, 828-771-7217. (khm)
November 20, 2016 Opinion or Order Filing 60 NOTICE of Appearance by Emily Claire McGowan on behalf of OptumHealth Care Solutions, Inc. (McGowan, Emily)
November 7, 2016 Opinion or Order NOTICE of Hearing: Status Conference set for 11/21/2016 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(khm)
October 27, 2016 Opinion or Order Filing 59 CERTIFICATION of initial attorney conference and discovery plan (Knott, Jason)
October 26, 2016 Opinion or Order TEXT-ONLY ORDER granting #58 Motion for Extension of Time to File Rule 26(f) Report CIAC Report due by 10/27/2016. Text of Order: The parties' joint motion is GRANTED, and the parties shall have an additional two (2) days, through and including October 27, 2016, within which to file the required Certification and Report of Fed. R. Civ. P. 26(f) Conference and Discovery Plan. So Ordered. Entered by District Judge Martin Reidinger on 10/26/16. (LMR)
October 25, 2016 Opinion or Order Filing 58 Joint MOTION for Extension of Time to File Rule 26(f) Report by Aetna Inc., Aetna Life Insurance Company. Responses due by 11/14/2016 (Holman, E.)
October 5, 2016 Opinion or Order NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 10/26/2016. (kby)
October 4, 2016 Opinion or Order Filing 57 ANSWER to #1 Complaint and Defenses by OptumHealth Care Solutions, Inc..(Hoernlein, Michael)
October 4, 2016 Opinion or Order Filing 56 ANSWER to #1 Complaint and Defenses by Aetna Inc., Aetna Life Insurance Company.(Holman, E.)
September 7, 2016 Opinion or Order TEXT-ONLY ORDER granting #55 Motion for Extension of Time to Answer. All Defendants. Text of Order: The Defendants' Motion is GRANTED, and the Defendants shall have an additional twenty (20) days, through and including October 4, 2016, to file an answer to the Plaintiff's Complaint. So Ordered. Entered by District Judge Martin Reidinger on 9/7/16. (LMR)
September 6, 2016 Opinion or Order Filing 55 Joint MOTION for Extension of Time to Answer Complaint by Aetna Inc., Aetna Life Insurance Company. (Roberson, Matthew)
August 31, 2016 Opinion or Order Filing 54 MEMORANDUM OF DECISION AND ORDER granting in part and denying in part the #37 Motion to Dismiss and #39 Motion to Dismiss and Counts I and II of the Complaint are dismissed with prejudice. In all other respects, the Defendants' #37 and #39 Motions are DENIED. Signed by District Judge Martin Reidinger on 8/31/2016. (kby)
July 19, 2016 Opinion or Order Filing 53 RESPONSE in Opposition re #52 Notice (Other) Plaintiff's Response to Defendants' July 15, 2016 Notice of Supplemental Authority in Support of Motions to Dismiss the Complaint by Sandra M. Peters. (McDevitt, Larry)
July 15, 2016 Opinion or Order Filing 52 NOTICE by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. re #39 MOTION to Dismiss , #37 MOTION to Dismiss (Attachments: #1 Exhibit Supplemental Authority)(Holman, E.)
February 5, 2016 Opinion or Order Filing 51 RESPONSE re #50 Notice (Other), Notice of Supplemental Authority in Support of Optumhealth Care Solutions, Inc.'s and Aetna's Motions to Dismiss the Complaint by Sandra M. Peters. (McDevitt, Larry)
January 27, 2016 Opinion or Order Filing 50 NOTICE by Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. re #39 MOTION to Dismiss , #37 MOTION to Dismiss Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Hoernlein, Michael)
November 4, 2015 Opinion or Order Filing 49 REPLY to Response to Motion re #39 MOTION to Dismiss by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
November 4, 2015 Opinion or Order Filing 48 REPLY to Response to Motion re #37 MOTION to Dismiss by OptumHealth Care Solutions, Inc.. (Hoernlein, Michael)
October 20, 2015 Opinion or Order TEXT-ONLY ORDER granting #47 Motion for Extension of Time to File Response/Reply re #37 MOTION to Dismiss , #39 MOTION to Dismiss ( Replies due by 11/4/2015); granting #47 Motion for Leave to File Excess Pages Text of Order: The Defendants' motion is GRANTED. The Defendants shall have through and including November 4, 2015 to file their reply briefs, and Aetna shall have leave to file a brief not to exceed eighteen (18) pages. So Ordered. Entered by District Judge Martin Reidinger on 10/20/15. (lmr)
October 16, 2015 Opinion or Order Filing 47 Consent MOTION for Extension of Time to File Response/Reply to Plaintiff's Opposition to Defendants' Motions to Dismiss, Consent MOTION for Leave to File Excess Pages for Reply to Plaintiff's Opposition to Defendants' Motions to Dismiss ( Responses due by 11/2/2015) by Aetna Inc., Aetna Life Insurance Company. (Roberson, Matthew)
October 14, 2015 Opinion or Order Filing 46 RESPONSE in Opposition re #39 MOTION to Dismiss , #37 MOTION to Dismiss by Sandra M. Peters. (McDevitt, Larry)
September 30, 2015 Opinion or Order Filing 45 Consent MOTION for Leave to File Excess Pages in Consolidated Opposition to Defendants' Motions to Dismiss by Sandra M. Peters. Responses due by 10/19/2015 (Knott, Jason)
September 30, 2015 Opinion or Order TEXT-ONLY ORDER granting in part and denying in part #45 Motion for Leave to File Excess Pages Text of Order: The Plaintiff's motion is granted to the extent that the Plaintiff shall have leave to file a consolidated response not to exceed forty (40) pages. So Ordered. Entered by District Judge Martin Reidinger on 9/30/15. (lmr)
September 9, 2015 Opinion or Order TEXT-ONLY ORDER granting #44 Motion for Extension of Time to File Response/Reply re #37 MOTION to Dismiss , #39 MOTION to Dismiss Responses due by 10/14/2015 Text of Order: The Plaintiff's motion is GRANTED, and the Plaintiff shall have through and including October 14, 2015 within which to respond to the Defendants' motions to dismiss. So Ordered. Entered by District Judge Martin Reidinger on 9/9/2015. (lmr)
September 8, 2015 Opinion or Order Filing 44 Consent MOTION for Extension of Time to File Response/Reply re: #39 MOTION to Dismiss , #37 MOTION to Dismiss by Sandra M. Peters. Responses due by 9/25/2015 (Knott, Jason)
September 7, 2015 Opinion or Order Filing 43 ORDER granting #32 Motion to Seal Document. Defendants shall be permitted to file the Plaintiff's Explanation of Benefits forms under seal. Signed by District Judge Martin Reidinger on 09/07/2015. (klb)
September 2, 2015 Opinion or Order Filing 42 MEMORANDUM in Support re #39 MOTION to Dismiss by Aetna Inc., Aetna Life Insurance Company. (Holman, E.)
September 2, 2015 Opinion or Order Filing 41 Sealed Document (Sealed - Attorney): Explanations of Benefits re: #40 Declaration by Aetna Inc. and Aetna Life Insurance Company; (available to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc., Sandra M. Peters) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Holman, E.)
September 2, 2015 Opinion or Order Filing 40 DECLARATION of Margaret K. Goldstein re #39 MOTION to Dismiss filed by Aetna Inc., Aetna Life Insurance Company (Attachments: #1 Exhibit Notice of Sealed Exhibits, #2 Exhibit E)(Holman, E.)
September 2, 2015 Opinion or Order Filing 39 MOTION to Dismiss by Aetna Inc., Aetna Life Insurance Company. Responses due by 9/21/2015 (Holman, E.)
September 2, 2015 Opinion or Order Filing 38 MEMORANDUM in Support re #37 MOTION to Dismiss by OptumHealth Care Solutions, Inc.. (Calloway, Mark)
September 2, 2015 Opinion or Order Filing 37 MOTION to Dismiss by OptumHealth Care Solutions, Inc.. Responses due by 9/21/2015 (Attachments: #1 Proposed Order Optum Proposed Order)(Calloway, Mark)
September 2, 2015 Opinion or Order Filing 36 Corporate Disclosure Statement by OptumHealth Care Solutions, Inc. (Hoernlein, Michael)
September 2, 2015 Opinion or Order Filing 35 NOTICE of Appearance by E. Thomison Holman on behalf of Aetna Inc., Aetna Life Insurance Company (Holman, E.)
September 2, 2015 Opinion or Order Filing 34 Corporate Disclosure Statement by Aetna Life Insurance Company (Roberson, Matthew)
September 2, 2015 Opinion or Order Filing 33 Corporate Disclosure Statement by Aetna Inc. (Roberson, Matthew)
August 31, 2015 Opinion or Order Filing 32 Consent MOTION to Seal Document - Private Health Records by Aetna Inc., Aetna Life Insurance Company. Responses due by 9/17/2015 (Roberson, Matthew)
August 31, 2015 Opinion or Order Filing 31 NOTICE of Appearance by Geoffrey Manson Sigler on behalf of Aetna Inc., Aetna Life Insurance Company (Sigler, Geoffrey)
August 28, 2015 Opinion or Order TEXT-ONLY ORDER granting #28 Motion for Leave to File Excess Pages Text of Order: The Defendants' Motion is GRANTED, and the Defendants shall have leave to file a brief of no more than 40 pages in support of their Motion to Dismiss. So Ordered. Entered by District Judge Martin Reidinger on 8/28/15. (lmr)
August 27, 2015 Opinion or Order Filing 30 NOTICE of Appearance by Richard Joseph Doren on behalf of Aetna Inc., Aetna Life Insurance Company (Doren, Richard)
August 27, 2015 Opinion or Order Filing 29 NOTICE of Appearance by Jason E. Neal on behalf of Aetna Inc., Aetna Life Insurance Company (Neal, Jason)
August 27, 2015 Opinion or Order Filing 28 Consent MOTION for Leave to File Excess Pages by Aetna Inc., Aetna Life Insurance Company. Responses due by 9/14/2015 (Roberson, Matthew)
August 5, 2015 Opinion or Order Filing 27 ORDER granting #26 Motion for Leave to Appear Pro Hac Vice added Richard J. Doren for Aetna Inc., Aetna Life Insurance Company. Signed by District Judge Martin Reidinger on 08/05/2015. (klb)
August 5, 2015 Opinion or Order Notice to Jason E. Neal, Geoffrey M. Sigler: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/17/2015. (klb)
August 5, 2015 Opinion or Order Notice to Richard J. Doren: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/17/2015. (klb)
August 4, 2015 Opinion or Order Filing 26 MOTION for Leave to Appear Pro Hac Vice as to Richard J. Doren Filing fee $ 276, receipt number 0419-2730106. by Aetna Inc., Aetna Life Insurance Company. (Roberson, Matthew)
August 3, 2015 Opinion or Order Filing 25 ORDER granting #22 Motion for Leave to Appear Pro Hac Vice added Geoffrey M. Sigler for Aetna Inc., Aetna Life Insurance Company. Signed by District Judge Martin Reidinger on 8/3/2015. (klb)
August 3, 2015 Opinion or Order Filing 24 ORDER granting #23 Motion for Leave to Appear Pro Hac Vice added Jason E. Neal for Aetna Inc., Aetna Life Insurance Company. Signed by District Judge Martin Reidinger on 08/03/2015. (klb)
July 17, 2015 Opinion or Order Filing 23 MOTION for Leave to Appear Pro Hac Vice as to Jason E. Neal Filing fee $ 276, receipt number 0419-2712441. by Aetna Inc., Aetna Life Insurance Company. (Roberson, Matthew)
July 17, 2015 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice as to Geoffrey M. Sigler Filing fee $ 276, receipt number 0419-2712429. by Aetna Inc., Aetna Life Insurance Company. (Roberson, Matthew)
July 8, 2015 Opinion or Order Filing 21 ORDER that Defts' #18 Consent Motion for Proposed Scheduling Order for Responding to the #1 Complaint is GRANTED IN PART to extent that Defts shall have through and including 9/2/2015 within which to answer or otherwise respond to Pltf's Complaint. In all other respects, Defts' #18 Consent Motion is DENIED. Signed by District Judge Martin Reidinger on 7/8/15. (ejb)
July 8, 2015 Opinion or Order Filing 20 NOTICE of Appearance by Matthew Scott Roberson on behalf of Aetna Inc., Aetna Life Insurance Company (Roberson, Matthew)
July 8, 2015 Opinion or Order Filing 19 AFFIDAVIT of Service filed by Sandra M. Peters. All Parties. (Wilkerson, David)
July 8, 2015 Opinion or Order Filing 18 Consent MOTION for Extension of Time to Answer re: #1 Complaint by OptumHealth Care Solutions, Inc., Aetna Life Insurance Company, Aetna Inc. (Attachments: #1 Proposed Order Proposed Scheduling Order)(Hoernlein, Michael) Modified text on 7/8/2015 to add additional filers. (ejb)
June 29, 2015 Opinion or Order Filing 17 NOTICE of Appearance by Brian D. Boone on behalf of OptumHealth Care Solutions, Inc. (Boone, Brian)
June 29, 2015 Opinion or Order Filing 16 NOTICE of Appearance by Michael R Hoernlein on behalf of OptumHealth Care Solutions, Inc. (Hoernlein, Michael)
June 29, 2015 Opinion or Order Filing 15 NOTICE of Appearance by Mark Timothy Calloway on behalf of OptumHealth Care Solutions, Inc. (Calloway, Mark)
June 18, 2015 Opinion or Order Filing 14 NOTICE by Sandra M. Peters Notice to Clerk of Court Regarding Name Correction for Jason S. Cowart (Wilkerson, David)
June 18, 2015 Opinion or Order Filing 13 Corporate Disclosure Statement by Sandra M. Peters (McDevitt, Larry)
June 16, 2015 Opinion or Order Filing 12 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice added Carl S. Kravitz for Sandra M. Peters. Signed by District Judge Martin Reidinger on 06/16/15. (emw)
June 16, 2015 Opinion or Order Filing 11 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice added Jason M. Knott for Sandra M. Peters. Signed by District Judge Martin Reidinger on 06/16/2015. (klb)
June 16, 2015 Opinion or Order Filing 10 ORDER granting #3 Motion for Leave to Appear Pro Hac Vice added D. Brian Hufford for Sandra M. Peters. Signed by District Judge Martin Reidinger on 06/16/15. (emw)
June 16, 2015 Opinion or Order Filing 9 ORDER granting #2 Motion for Leave to Appear Pro Hac Vice added Jason C. Cowart for Sandra M. Peters. Signed by District Judge Martin Reidinger on 06/16/2015. (klb)
June 16, 2015 Opinion or Order Notice to D. Brian Hufford: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/26/2015. (emw)
June 16, 2015 Opinion or Order Notice to Jason C. Cowart: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/26/2015. (klb)
June 16, 2015 Opinion or Order Notice to Jason M. Knott: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/26/2015. (klb)
June 16, 2015 Opinion or Order Notice to Carl S. Kravitz: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/26/2015. (emw)
June 15, 2015 Opinion or Order Filing 8 NOTICE of Appearance by David M. Wilkerson on behalf of Sandra M. Peters (Wilkerson, David)
June 15, 2015 Opinion or Order Filing 7 Summons Issued Electronically as to Aetna Inc., Aetna Life Insurance Company, OptumHealth Care Solutions, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
June 15, 2015 Opinion or Order Filing 6 NOTICE of Appearance by Heather Whitaker Goldstein on behalf of Sandra M. Peters (Goldstein, Heather)
June 12, 2015 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Carl S. Kravitz Filing fee $ 276, receipt number 0419-2678392. by Sandra M. Peters. (McDevitt, Larry)
June 12, 2015 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice as to Jason M. Knott Filing fee $ 276, receipt number 0419-2678388. by Sandra M. Peters. (McDevitt, Larry)
June 12, 2015 Opinion or Order Filing 3 MOTION for Leave to Appear Pro Hac Vice as to D. Brian Hufford Filing fee $ 276, receipt number 0419-2678384. by Sandra M. Peters. (McDevitt, Larry) Modified text on 6/12/2015 to correct typo of PHV Atty's name (ejb).
June 12, 2015 Opinion or Order Filing 2 MOTION for Leave to Appear Pro Hac Vice as to Jason C. Cowart Filing fee $ 276, receipt number 0419-2678381. by Sandra M. Peters. (McDevitt, Larry)
June 12, 2015 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-2678357), filed by Sandra M. Peters.(McDevitt, Larry)
June 12, 2015 Opinion or Order Case assigned to District Judge Martin Reidinger and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(emw)
June 12, 2015 Opinion or Order Magistrate Judge Dennis Howell no longer assigned to case - referral judge assigned to ERISA case in error. (ejb)

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Search for this case: Peters v. Aetna Inc. et al
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Plaintiff: Sandra M. Peters
Represented By: Carl Spencer Kravitz
Represented By: D. Brian Hufford
Represented By: David M. Wilkerson
Represented By: Heather Whitaker Goldstein
Represented By: Alyssa M. Howard
Represented By: Andrew N. Goldfarb
Represented By: Jason S. Cowart
Represented By: Jason M. Knott
Represented By: Nell Z. Peyser
Represented By: Richard Miles Clark
Represented By: Larry S. McDevitt
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Defendant: Aetna Inc.
Represented By: E. Thomison Holman
Represented By: Geoffrey Manson Sigler
Represented By: Jason N. Kleinwaks
Represented By: Jason E. Neal
Represented By: Matthew S. Roberson
Represented By: Richard Joseph Doren
Represented By: Earl B. Austin, III
Represented By: Jessica F. Rosenbaum
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Defendant: Aetna Life Insurance Company
Represented By: E. Thomison Holman
Represented By: Geoffrey Manson Sigler
Represented By: Jason N. Kleinwaks
Represented By: Jason E. Neal
Represented By: Matthew S. Roberson
Represented By: Richard Joseph Doren
Represented By: Earl B. Austin, III
Represented By: Jessica F. Rosenbaum
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Defendant: OptumHealth Care Solutions, Inc.
Represented By: Bowen R. Shoemaker
Represented By: Brian D. Boone
Represented By: Emily Claire McGowan
Represented By: Julian W. DuRant
Represented By: Mark Timothy Calloway
Represented By: Michael R Hoernlein
Represented By: Rebecca L. Gauthier
Represented By: Brandon C.E. Springer
Represented By: Jahnisa T. Loadholt
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