Prime Healthcare Foundation - East Liverpool, LLC v. Aetna Health Inc.
| Prime Healthcare Foundation-East Liverpool, LLC doing business as East Liverpool City Hospital and City Hospital Association doing business as East Liverpool City Hospital |
| Aetna Health Inc. |
| 4:2022cv01173 |
| July 1, 2022 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.
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Filing 24
Stipulation and Order approving the parties' #23 Joint Proposed Stipulation to Dismiss without Prejudice. The Telephonic Status Conference set for today at 4:00 p.m. is cancelled. Judge Benita Y. Pearson on 5/8/2023. (JLG)
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| Filing 23 Joint Proposed Stipulation to Dismiss filed by All Plaintiffs. (Holbrook, Scott) |
| Filing 22 Stipulated Discovery and HIPPA-Qualified Protective Order. See Electronic Filing Policies and Procedures Manual at Sections 19 and 24 for filing documents under seal. Judge Benita Y. Pearson on 10/13/2022. Related document(s) #19 . (JLG) |
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Filing 21
Stipulation and Order approving the parties' #20 Joint Proposed Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection, or Other Applicable Privilege. Judge Benita Y. Pearson on 9/30/2022. (JLG)
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| Filing 20 Joint Proposed Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection, or Other Applicable Privilege filed by Aetna Health Inc.. (Medina, E.) |
| Filing 19 Joint Motion for (Discovery and HIPAA-Qualified Protective Order) filed by Defendant Aetna Health Inc. (Attachments: #1 Proposed Order Proposed Discovery and HIPAA-Qualified Protective Order)(Medina, E.) |
| Filing 18 Case Management Conference Plan/Order. Case is assigned to the standard track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery, including expert discovery, shall be completed on or before 7/21/2023. On or before 5/25/2023, the party that has the burden of proof on an issue(s) shall identify its retained expert witness(es) and provide opposing counsel with a written expert report(s). The party that has no burden of proof on an issue(s) shall identify its retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 6/23/2023. The discovery deposition of an opponent's expert witness shall be completed on or before 7/21/2023. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes. On or before 10/3/2022, the parties shall file either the attached Stipulation (Attachment No. 1) or a stipulation reached by the parties regarding the handling of trial-preparation material. The cutoff for identifying and supplementing medical claims is 10/3/2022. The cutoff for filing dispositive motions is 8/11/2023, with responses filed by 9/11/2023, and replies by 9/25/2023. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 8/11/2023. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 5/8/2023 at 4:00 p.m. Attorney Byrnside is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. The parties shall file a proposed Stipulated Protective Order on or before 10/3/2022. Judge Benita Y. Pearson on 9/21/2022. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 9/19/2022. Present were Attorneys Ian K. Byrnside and Scott Holbrook as counsel for Plaintiffs; Attorneys Robert J. Fogarty, E. Sean Medina, and Justin M. Croniser as counsel for Defendant; Ben Menker as representative of Plaintiffs; and, Lauri Lehman Dray as representative of Defendant. (Court Reporter: None); Time: 42 Minutes. (JLG) |
| Filing 17 Joint Report of Parties' Planning Meeting and Discovery Plan - parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Byrnside, Ian) |
| Filing 16 Notice of Service of Defendants Initial Disclosures filed by Aetna Health Inc.. (Medina, E.) |
| Filing 15 Notice of Service of Plaintiffs' Initial Disclosures filed by All Plaintiffs. (Byrnside, Ian) |
| Filing 14 Joint Motion for extension of Case Management Conference and Deadline to Submit Discovery Plan until November 18, 2022 filed by City Hospital Association, Prime Healthcare Foundation-East Liverpool, LLC. (Holbrook, Scott) |
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Order [non-document] denying the parties' #14 Joint Motion for Extension of Case Management Conference and Deadline to Submit Discovery Plan until 11/18/2022. The Telephonic Case Management Conference will proceed as scheduled. The parties are to comply with the obligations given in the Case Management Conference Scheduling Order ( #11 ). Judge Benita Y. Pearson on 8/31/2022. (JLG)
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| Filing 13 Answer to #5 Amended complaint, filed by Aetna Health Inc. (Fogarty, Robert). |
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Filing 12
Order granting #8 , #9 , #10 Motions for Appearance Pro Hac Vice by Attorneys S. Derek Bauer, Kevin D. Bradberry, and Ian K. Byrnside for Plaintiffs Prime Healthcare Foundation-East Liverpool, LLC and The City Hospital Association d/b/a East Liverpool City Hospital. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Benita Y. Pearson on 8/3/2022. (JLG)
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| Filing 11 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 9/19/2022 at 2:00 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 7/29/2022. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5)(JLG) |
| Filing 10 Motion for attorney Ian K. Byrnside to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11543804, filed by City Hospital Association, Prime Healthcare Foundation-East Liverpool, LLC. (Attachments: #1 Exhibit Declaration of Good Standing, #2 Proposed Order)(Holbrook, Scott) |
| Filing 9 Motion for attorney Kevin D. Bradberry to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11543791, filed by City Hospital Association, Prime Healthcare Foundation-East Liverpool, LLC. (Attachments: #1 Exhibit Declaration of Good Standing, #2 Proposed Order)(Holbrook, Scott) |
| Filing 8 Motion for attorney S. Derek Bauer to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11543784, filed by City Hospital Association, Prime Healthcare Foundation-East Liverpool, LLC. (Attachments: #1 Exhibit Declaration of Good Standing, #2 Proposed Order )(Holbrook, Scott) |
| Filing 7 Corporate Disclosure Statement filed by City Hospital Association. (Nash, Elliot) Modified on 7/27/2022 (D,Th). |
| Filing 6 Corporate Disclosure Statement filed by Prime Healthcare Foundation-East Liverpool, LLC. (Nash, Elliot) Modified on 7/27/2022 (D,Th). |
| Filing 5 First Amended complaint against Aetna Health Inc. and adding new party plaintiff(s) City Hospital Association. Filed by Prime Healthcare Foundation-East Liverpool, LLC. and City Hospital Association (Attachments: #1 Facility Participation Agreement) (Nash, Elliot) Modified on 7/27/2022 (D,Th). |
| Filing 4 Magistrate Consent Form issued. (D,Ju) |
| Filing 3 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Aetna Health Inc.. (Fogarty, Robert) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent CVS Health Corporation, Other Affiliate Aetna Inc., Other Affiliate Aetna Health Holdings, LLC, Other Affiliate CVS Pharmacy, Inc. for Aetna Health Inc. filed by Aetna Health Inc.. (Fogarty, Robert) |
| Filing 1 Notice of Removal from Columbiana County Court of Common Pleas, case number 2022 CV 00234 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11500847.. Filed by Aetna Health Inc.. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Civil Cover Sheet) (Fogarty, Robert) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (D,Ju) |
| Judge Benita Y. Pearson assigned to case. (D,Ju) |
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| Plaintiff: Prime Healthcare Foundation-East Liverpool, LLC doing business as East Liverpool City Hospital | |
| Represented By: | Elliot Nash |
| Represented By: | Ian K. Byrnside |
| Represented By: | Kevin D. Bradberry |
| Represented By: | S. Derek Bauer |
| Represented By: | Scott C. Holbrook |
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| Plaintiff: City Hospital Association doing business as East Liverpool City Hospital | |
| Represented By: | Elliot Nash |
| Represented By: | Scott C. Holbrook |
| Represented By: | Ian K. Byrnside |
| Represented By: | Kevin D. Bradberry |
| Represented By: | S. Derek Bauer |
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| Defendant: Aetna Health Inc. | |
| Represented By: | E. Sean Medina |
| Represented By: | Justin M. Croniser |
| Represented By: | Robert J. Fogarty |
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