FamilyCare Inc. v. Oregon Health Authority et al
| FamilyCare Inc. |
| Patrick Allen, Oregon Health Authority and Lynne Saxton |
| Health Share of Oregon |
| Trillium Community Health Plan, LLC, AllCare CCO, Inc., Columbia Pacific CCO, LLC, Jackson Care Connect and PrimaryHealth of Josephine County, LLC |
| PacificSource Community Solutions |
| 6:2018cv00296 |
| February 15, 2018 |
| US District Court for the District of Oregon |
| Eugene (6) Office |
| Ann L Aiken |
| Michael W Mosman |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on March 25, 2022. A more recent docket listing may be available from PACER.
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Filing 570
MINUTES of Proceedings: TSC held. The parties have reached a resolution and presented a binding term sheet to the Court. The term sheet was read into the record. The pre-trial conference set for April 1112, 2022, is struck. The jury instruction conference set for April 22, 2022, is struck. The three-week trial set for April 25, 2022, is struck. The Motion for Imposition of Sanctions #257 is DENIED AS MOOT. Final settlement papers are due to the Court in sixty days by May 24, 2022. David Robbins, Matthew Gordon, Thomas Johnson present as counsel for plaintiff(s). Harry Wilson, Anit Jindal, David Markowitz, Laura Salerno Owens, Chris Morgan, Edwin Harnden present as counsel for defendant(s). Mediators: Jan and Chris Kitchel. Court Reporter: Kellie Humiston. Judge Michael W. Mosman presiding. (kms)
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Filing 569
Scheduling Order by Judge Michael W. Mosman. Telephone Status Conference set for 3/25/2022 at 09:00AM in Portland before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 568
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #549 and #550 . Attorney Heath Hyatt and Brian Grimm added. Ordered by Judge Michael W. Mosman. (kms)
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Filing 567
Designation of Deposition Testimony . Filed by Oregon Health Authority. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Wilson, Harry)
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Filing 565
Amended Exhibit List . Filed by FamilyCare Inc.. (Van Rysselberghe, Alex)
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Filing 564
ORDER: Unopposed Motion for Leave to File First Amended Exhibit List #559 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 561
Expert Statement . Filed by FamilyCare Inc.. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Petrova, Sasha)
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Filing 560
Designation of Deposition Testimony . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (Van Rysselberghe, Alex)
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Filing 559
Unopposed Motion for Leave to File First Amended Exhibit List. Filed by FamilyCare Inc.. (Attachments: #1 Attachment Plaintiff's First Amended Exhibit List) (Van Rysselberghe, Alex)
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Filing 558
Trial Memorandum FamilyCare, Inc.'s Trial Memorandum. Filed by FamilyCare Inc.. (Robbins, David)
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Filing 557
Trial Memorandum . Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 556
Witness Statement Defendant Oregon Health Authority's Lay Witness Statements. Filed by Oregon Health Authority. (Salerno Owens, Laura)
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Filing 554
Joint Exhibit List of Defendants Oregon Health Authority and Lynne Saxton. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 553
Witness Statement Defendant Lynne Saxton's Lay Witness Statements. Filed by Lynne Saxton. (Harnden, Edwin)
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Filing 551
Trial Memorandum Defendant Lynne Saxton's Trial Memorandum. Filed by Lynne Saxton. (Harnden, Edwin)
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Filing 550
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Heath Hyatt. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8449292. Filed by FamilyCare Inc.. (Hyatt, Heath)
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Filing 549
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian William Grimm. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8449276. Filed by FamilyCare Inc.. (Grimm, Brian)
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Filing 548
Notice of Appearance of Alex Van Rysselberghe appearing on behalf of FamilyCare Inc.. Filed by FamilyCare Inc.. (Van Rysselberghe, Alex)
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Filing 547
Notice of Appearance of Garmai J. Gorlorwulu appearing on behalf of FamilyCare Inc.. Filed by FamilyCare Inc.. (Gorlorwulu, Garmai)
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Filing 546
Stipulated Stipulation of the Parties by Lynne Saxton. Filed by Lynne Saxton. (Harnden, Edwin)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian William Grimm. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8449276 #549 : Reviewed and Ready for Ruling. (jw)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Heath Hyatt. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8449292 #550 : Reviewed and Ready for Ruling. (jw)
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Filing 545
Scheduling Order by Judge Michael W. Mosman. Pretrial Conference set for 4/11/2022 at 8:30-3:30 is reset to 11:00AM-5:00PM on 4/11/2022 in Portland Courtroom 16 before Judge Michael W. Mosman. Additional Pretrial Conference is set for 4/12/2022 at 08:30AM-12:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Jury Instruction Conference is set for 4/22/2022 at 09:00AM-11:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 544
Declaration of Julia E. Markley in Support of FamilyCare's Objections to Defendants' Proposed Joint Jury Instructions. Filed by FamilyCare Inc.. (Related document(s): Objection #543 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Markley, Julia)
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Filing 543
Objection(s) to #536 Jury instructions - Proposed . Filed by FamilyCare Inc.. (Markley, Julia)
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Filing 542
Objection(s) to #533 Jury Verdict Form - Proposed . Filed by FamilyCare Inc.. (Markley, Julia)
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Filing 541
Witness Statement Plaintiff's Lay Witness Statements. Filed by FamilyCare Inc.. (Markley, Julia)
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Filing 540
Statement of General Damages Plaintiff's Itemized List of Damages. Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 539
Exhibit List Plaintiff's Exhibit List. Filed by FamilyCare Inc.. (Markley, Julia)
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Filing 538
Objection(s) to Proposed Jury Verdict Form #533 and Jury instructions - Proposed #536 (titled "Defendant Oregon Health Authority's Objections to Plaintiff Family Care's Proposed Jury Instructions and Verdict Form."). Filed by Oregon Health Authority. (Wilson, Harry) Modified on 3/16/2022 to add additional document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 537
Objection(s) to #536 Jury instructions - Proposed, #533 Jury Verdict Form - Proposed . Filed by Lynne Saxton. (Harnden, Edwin)
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Filing 536
Joint Proposed Jury Instructions . Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 535
ORDER: Motion for Extension of Time to File Joint Jury Instructions #534 is GRANTED. Jury instructions are due to the Court by March 8, 2022. Ordered by Judge Michael W. Mosman. (kms)
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Filing 534
Motion for Extension of Time to File Joint Jury Instructions. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 533
Proposed Jury Verdict Form. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 532
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 2/24/2022 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/7/2022. Redaction Request due 3/21/2022. Redacted Transcript Deadline set for 3/31/2022. Release of Transcript Restriction set for 5/31/2022. (Shumway, Bonita)
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Filing 531
ORDER: Oregon Health Authority's Motion for Partial Summary Judgment Regarding FamilyCare's Third Claim for Relief #507 is DENIED. Written opinion to follow. Ordered by Judge Michael W. Mosman. (kms)
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Filing 530
MINUTES of Proceedings: Oral argument held. Plaintiff's Motion for Partial Summary Judgment on Defendant Saxton's Fifth Affirmative Defense #512 is GRANTED for the reasons stated on the record. The Court takes Oregon Health Authority's Motion for Partial Summary Judgment on FamilyCare's Third Claim for Relief #507 under advisement. Matthew Gordon, Julia Markley present as counsel for plaintiff(s). Harry Wilson, Anit Jindal, Laura Salerno Owens, Chris Morgan, Edwin Harnden present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (Related document(s): Motion for Partial Summary Judgment #507 , Motion for Partial Summary Judgment #512 .) (kms)
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Filing 529
Declaration of Matthew Gordon in support of. Filed by FamilyCare Inc.. (Related document(s): Sur-Reply to Motion #528 .) (Attachments: #1 Exhibit, #2 Exhibit) (Gordon, Matthew)
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Filing 528
Sur-Reply to Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief #507 . Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 527
Declaration of Harry B. Wilson in Support of Oregon Health Authority's Partial Motion for Summary Judgment on FamilyCare's Third Claim for Relief. (Related document(s): Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief #507 .) Filed by Oregon Health Authority. (Attachments: #1 Exhibit, #2 Exhibit) (Wilson, Harry) Modified on 1/31/2022 to create document link. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 526
Reply to Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief #507 Oral Argument requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 525
Reply in Support of Motion for Summary Judgment on Lynn Saxton's Fifth Affirmative Defense to Motion for Partial Summary Judgment Motion for Summary Judgment on Defendant Saxton's Fifth Affirmative Defense #512 . Filed by FamilyCare Inc.. (Robbins, David)
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Filing 524
ORDER: Stipulated Motion to Revise Expert Witness Deadlines #522 is GRANTED. The deadline for the exchange of initial expert reports is extended from 1/25/22 until 2/28/22. The deadline for exchange of rebuttal expert reports is set for 3/21/22. The deadline for Plaintiff to disclose expert statements is extended from 3/12/22 until 3/21/22. Ordered by Judge Michael W. Mosman. (kms)
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Filing 523
Notice of Attorney Withdrawal: Anna M. Joyce Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 522
Stipulated Motion for Extension of Discovery & PTO Deadlines Stipulated Motion to Revise Expert Witness Deadlines. Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 521
Scheduling Order by Judge Michael W. Mosman regarding Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief #507 , and Motion for Partial Summary Judgment Motion for Summary Judgment on Defendant Saxton's Fifth Affirmative Defense #512 . Oral Argument is set for 2/24/2022 at 01:30PM-3:30PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 520
Declaration of Matthew Gordon in Support of FamilyCare's Opposition to OHA's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #515 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Appendix 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32) (Gordon, Matthew)
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Filing 519
Declaration of William Murray in Support of FamilyCare's Opposition to OHA's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #515 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Gordon, Matthew)
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Filing 518
Declaration of Donna Novak in Support of FamilyCare's Opposition to OHA's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #515 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Gordon, Matthew)
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Filing 517
Declaration of Peter Davidson in Support of FamilyCare's Opposition to OHA's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #515 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Gordon, Matthew)
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Filing 516
Declaration of Jeff Heatherington in Support of FamilyCare's Opposition to OHA's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Response in Opposition to Motion, #515 .) (Gordon, Matthew)
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Filing 515
Response in Opposition to Oregon Health Authority's Motion for Summary Judgment on FamilyCare's Third Claim for Relief to Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief #507 Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Appendix 1) (Gordon, Matthew)
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Filing 514
Response in Opposition to Motion for Partial Summary Judgment Motion for Summary Judgment on Defendant Saxton's Fifth Affirmative Defense #512 Oral Argument requested. Filed by Lynne Saxton. (Morgan, Chris)
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Filing 513
Notice of Attorney Withdrawal: Heidee Stoller Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 512
Motion for Partial Summary Judgment Motion for Summary Judgment on Defendant Saxton's Fifth Affirmative Defense. Filed by All Plaintiffs. (Gordon, Matthew)
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Filing 511
ORDER: Motion for Leave to File Summary Judgment Against Saxtons Fifth Affirmative Defense #506 is GRANTED. Defendants response is due January 14, 2022. Plaintiffs reply is due January 28, 2022. Ordered by Judge Michael W. Mosman. (kms)
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Filing 510
Declaration of Harry B. Wilson . Filed by Oregon Health Authority. (Related document(s): Motion for Partial Summary Judgment #507 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Wilson, Harry)
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Filing 509
Declaration of Lynne Saxton . Filed by Oregon Health Authority. (Related document(s): Motion for Partial Summary Judgment #507 .) (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 508
Declaration of Patrick Allen . Filed by Oregon Health Authority. (Related document(s): Motion for Partial Summary Judgment #507 .) (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 507
Motion for Partial Summary Judgment re FamilyCare's Third Claim for Relief. Oral Argument requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 506
Motion for Leave to File Summary Judgment Against Saxton's Fifth Affirmative Defense. Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 1) (Gordon, Matthew)
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Filing 505
Notice of Appearance of Julia E. Markley appearing on behalf of All Plaintiffs . Filed by FamilyCare Inc.. (Markley, Julia)
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Filing 504
OPINION AND ORDER: I DENY Defendant Oregon Health Authority's Motion forPartial Summary Judgment [ECF 432]. Signed on 12/14/21 by Judge Michael W. Mosman. (dls)
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Filing 503
AMENDED Trial Management Order. Signed on 12/7/2021 by Judge Michael W. Mosman. (pg)
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Filing 502
ORDER: Motion to Compel Production of Documents #487 is DENIED. Motion to Compel and Motion for Imposition of Sanctions #469 is DENIED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 501
Answer to #429 Amended Complaint . Filed by Oregon Health Authority, Patrick Allen. (Wilson, Harry)
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Filing 500
Answer to #429 Amended Complaint and Affirmative Defenses. Filed by Lynne Saxton. (Morgan, Chris)
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Filing 499
Scheduling Order by Judge Michael W. Mosman. Pretrial Conference set for 2/17/2022 at 01:30PM-4:30PM is continued to 4/11/2022 at 08:30AM-3:30PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 498
ORDER: The schedule for the parties dispositive motions, as described by this Courts order #495 , is set as follows. Dispositive motions are due December 17, 2021. Responses are due January 14, 2022. Replies are due January 28, 2022. Ordered by Judge Michael W. Mosman. (kms)
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Filing 497
Brief Reply in Support of Supplemental Briefing. (Related document(s): Brief FamilyCare's Supplemental Briefing #486 and Response to FamilyCare's Supplemental Briefing #490 .) Filed by All Plaintiffs. (Gordon, Matthew) Modified on 11/18/2021 to create document links. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 496
Scheduling Order by Judge Michael W. Mosman. The parties are directed to jointly provide a schedule to the Court for any potential further dispositive motions, as described in #495 , by Tuesday, November 16, 2021. Ordered by Judge Michael W. Mosman. (kms)
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Filing 495
OPINION AND ORDER: I DENY Lynne Saxton's Motion to Dismiss [ECF 431] and I DENY IN PART Oregon Health Authority's Motion to Dismiss, Motion for Partial Summary Judgment, and Motion to Strike [ECF 432]. Signed on 11/10/21 by Judge Michael W. Mosman. (dls)
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Filing 494
Declaration of Greg Scott . Filed by Oregon Health Authority. (Related document(s): Response to Motion #492 .) (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 493
Declaration of Harry B. Wilson . Filed by Oregon Health Authority. (Related document(s): Response to Motion #492 .) (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 492
Response to Motion to Compel Production of Documents #487 . Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 491
Corrected Response Defendant Saxton's Response to FamilyCare's Supplemental Briefing in Response to the Court's 11/13/2018 Order #486 . Filed by Lynne Saxton. (Harnden, Edwin) Modified on 11/1/2021 to add document link. Notice of Electronic Filing regenerated to the parties. (jw)
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Filing 490
Response to FamilyCare's Supplemental Briefing in Response to the Court's 11/13/2018 Order. Filed by Lynne Saxton. (Related document(s): Brief #486 .) (Harnden, Edwin)
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Filing 489
ORDER: Plaintiff is ordered to reply to Defendant Lynne Saxton's forthcoming response to Plaintiff's supplemental briefing #486 by November 15, 2021. Ordered by Judge Michael W. Mosman. (dls)
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Filing 488
Declaration of Matthew P. Gordon in support of. Filed by FamilyCare Inc.. (Related document(s): Motion to Compel #487 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gordon, Matthew) Modified on 10/20/2021 to adjust docket text. NEF not regenerated. (jw)
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Filing 487
Motion to Compel Production of Documents. Oral Argument requested.Expedited Hearing requested. Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 486
Brief FamilyCare's Supplemental Briefing in Response to the Court's November 13, 2018 Order (ECF 342). Filed by All Plaintiffs. (Gordon, Matthew)
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Filing 485
ORDER: Plaintiff is ordered to submit by Friday, October 15, 2021 the January 3, 2019 letter Re: FamilyCare, Inc. v. Oregon Health Authority, et al., Case No. 6:18-cv-00296-MO List of Protected Speech and Retaliatory Speech and Conduct to the Court on CM/ECF as supplemental briefing in response to this Courts order from November 13, 2018 342 . Defendant Lynne Saxton is ordered to respond to Plaintiffs supplemental briefing by October 29, 2021. No extensions will be given and no hearing is being scheduled at this time. Ordered by Judge Michael W. Mosman. (kms)
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Filing 484
Amended Trial Management Order. Signed on 9/23/2021 by Judge Michael W. Mosman. (kms)
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Filing 483
ORDER: Stipulated Motion to Amend/Correct Pretrial Deadlines #481 is DENIED. The Pretrial Conference is continued from 1/10/2022 to 2/17/2022 at 01:30PM- 4:30PM in Portland Courtroom 16 before Judge Michael W. Mosman. Amended trial management order to issue. Ordered by Judge Michael W. Mosman. (kms)
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Filing 482
Supplement OHA's Response to FamilyCare's Supplemental Brief Regarding Good Faith. Filed by Oregon Health Authority. (Related document(s): Motion for Leave #475 .) (Wilson, Harry)
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Filing 481
Stipulated Motion to Amend/Correct Pretrial Deadlines. Filed by All Plaintiffs. (Johnson, Thomas)
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Filing 480
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 9/1/2021 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/23/2021. Redaction Request due 10/7/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/15/2021. (Shumway, Bonita)
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Filing 479
ORDER: Motion to Withdraw as Intervenor #477 is GRANTED. Ordered by Judge Michael W. Mosman. (dls)
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Filing 478
ORDER: Motion for Leave to File Supplemental Briefing #475 is GRANTED. Defendants are permitted to file supplemental briefing. Defendants' supplemental briefing is due in seven days on September 21, 2021. Ordered by Judge Michael W. Mosman. (dls)
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Filing 477
Motion to Withdraw as Intervenor. Filed by AllCare CCO, Inc.. (Crew, Michael)
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Filing 476
Declaration of Thomas R. Johnson in Support of to Motion for Leave to File Supplemental Briefing. Filed by FamilyCare Inc.. (Related document(s): Motion for Leave #475 .) (Attachments: #1 Exhibit A) (Johnson, Thomas)
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Filing 475
Motion for Leave to File Supplemental Briefing. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 474
Declaration of Matthew Gordon in support of Familycare, Inc.'s Opposition to Defendant's Motion to Compel and Motion for Sanctions. Filed by FamilyCare Inc. (Related document(s): Response in Opposition to Motion #473 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Robbins, David) Modified on 9/8/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 473
Response in Opposition to Motion to Compel Motion for Imposition of Sanctions #469 . Filed by FamilyCare Inc.. (Robbins, David)
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Filing 472
AMENDED MINUTES of Proceedings: Oral argument held. Motions taken under advisement. Formal order to follow. Matthew P. Gordon, Heidee Stoller and Thomas R. Johnson present as counsel for plaintiff(s). Harry Wilson, Anit K. Jindal, Edwin A. Harnden, and Chris M. Morgan present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (Related document(s): Motion to Dismiss, Motion to Strike, Motion for Summary Judgment 432, Motion to Dismiss for Failure to State a Claim 431.) Matthew P. Gordon, Heidee Stoller and Thomas R. Johnson present as counsel for plaintiff(s). Harry Wilson, Anit K. Jindal, Edwin A. and Chris M. Morgan present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (kms)
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Filing 471
MINUTES of Proceedings: Oral argument held. Motions taken under advisement. Formal order to follow. Matthew P. Gordon, Heidee Stoller and Thomas R. Johnson present as counsel for plaintiff(s). Harry Wilson, Anit K. Jindal, Edwin A. and Chris M. Morgan present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (Related document(s): Motion to Dismiss, Motion to Strike, Motion for Summary Judgment #432 , Motion to Compel, Motion to Dismiss for Failure to State a Claim #431 .) (dls)
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Filing 470
Declaration of Harry B. Wilson . Filed by Oregon Health Authority. (Related document(s): Motion to Compel, Motion for Imposition of Sanctions #469 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit) (Wilson, Harry)
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Filing 469
Motion to Compel , Motion for Imposition of Sanctions . Expedited Hearing requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 468
ORDER: The Court GRANTS Intervenor-Defendants Columbia Pacific CCO's and Jackson Care Connect's Motion to Withdraw as Intervenors. [ECF 467]. Ordered by Judge Michael W. Mosman. (kms)
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Filing 467
Motion to Withdraw as Intervenors. Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Larsen, Daniel)
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Filing 466
Scheduling Order by Judge Michael W. Mosman regarding Motion to Dismiss Motion to Strike Motion for Summary Judgment #432 , Motion to Dismiss for Failure to State a Claim #431 . Oral Argument is set for 9/1/2021 at 1:30PM-3:30PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 465
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 6/22/2021 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/26/2021. Redaction Request due 8/9/2021. Redacted Transcript Deadline set for 8/19/2021. Release of Transcript Restriction set for 10/18/2021. (Shumway, Bonita)
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Filing 464
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7/6/2021 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/26/2021. Redaction Request due 8/9/2021. Redacted Transcript Deadline set for 8/19/2021. Release of Transcript Restriction set for 10/18/2021. (Shumway, Bonita)
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Filing 463
MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. For the reasons stated on the record, Motion for Discovery #436 is DENIED. In light of that ruling, Motion for Protective Order #434 is DENIED as moot. Matthew P. Gordon and Sasha A. Petrova present as counsel for plaintiff(s). Anit K. Jindal, David B. Markowitz, Chris M. Morgan and Edwin a. Harnden present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls)
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Filing 462
Notice of Appearance of Anit K. Jindal appearing on behalf of Oregon Health Authority. Filed by Oregon Health Authority. (Jindal, Anit)
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Filing 461
Notice of Attorney Withdrawal: re Matthew Levin Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 460
Scheduling Order by Judge Michael W. Mosman. Oral Argument is set for 7/6/2021 at 10:00AM - 11:00AM in Portland Courtroom 16 before Judge Michael W. Mosman, regarding Motion for Discovery #436 , Motion for Protective Order re Scope of Supplemental Discovery #434 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 459
Declaration of Anit Jindal in Support of Defendant Oregon Health Authority's Reply in Support of its Motion to Dismiss, Motion for Summary Judgment, and Motion to Strike. Filed by Oregon Health Authority. (Related document(s): Reply to Motion #458 .) (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 458
Reply to Motion to Dismiss Motion to Strike Motion for Summary Judgment #432 . Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 457
Declaration of Chris M. Morgan in Support of Lynne Saxton's Reply to FamilyCare, Inc's Oppostion to Defendant Lynne Saxton's Motion to Dismiss. Filed by Lynne Saxton. (Related document(s): Motion to Dismiss for Failure to State a Claim #431 .) (Morgan, Chris)
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Filing 456
Reply to FamilyCare, Inc's Opposition to Motion to Dismiss for Failure to State a Claim #431 Oral Argument requested. Filed by Lynne Saxton. (Morgan, Chris)
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Filing 455
MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. Motion for Imposition of Sanctions #257 is taken under advisement. As stated on the record, the Court will consider issuing a permissive adverse inference jury instruction. An award of attorney fees and costs will depend on whether the Court issues such an instruction. This matter likely will not be resolved until the PTC. In the meantime, both sides may conduct limited discovery into the previously raised concerns of missing text messages. Matthew P. Gordon and Matthew J. Mertens present as counsel for plaintiff(s). Anna Marie Joyce, David B. Markowitz, Laura R. Salerno Owens, Chris M. Morgan and Edwin A. Harnden present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (Related document(s): Motion for Imposition of Sanctions #257 .) (dls)
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Filing 454
ORDER: Motion to Down-Designate AEO Documents #405 is GRANTED in part and DENIED in part. The Court ADOPTS FamilyCare, Inc.s proposal in Report and Correspondence #446 . Documents that do not hit on any of the search terms related to the Objecting CCOs will be down-designated to confidential. Documents that hit on one or more search term will remain AEO, and FamilyCares Bill Murray will be carved into the protective order so that he may review them. Mr. Murray will agree to be bound by the restrictions in the protective order (i.e., access and use the information contained therein solely for purposed of this litigation, and otherwise keep their contents confidential). Mr. Murray will also agree: (1) He will not work for another CCO through July 1, 2024, and (2) If FamilyCare decides to attempt to re-enter the CCO market in 2024 re- procurement, he will not work on or assist with that re-entry, including working on any response to an OHA request for proposal associated therewith. Motion for Reconsideration #302 and Motion for Extension of Time #313 are DENIED as moot. Ordered by Judge Michael W. Mosman. (kms)
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Filing 453
Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Opposition to Oregon Health Authority's Motion to Dismiss, Motion for Summary Judgment, and Motion to Strike. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #452 .) (Attachments: #1 Exhibit 1 to Mertens Declaration) (Johnson, Thomas)
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Filing 452
Response in Opposition to Motion to Dismiss Motion to Strike Motion for Summary Judgment #432 Oral Argument requested. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 451
Response in Opposition to Motion for Protective Order re Scope of Supplemental Discovery #434 Oral Argument requested. Filed by All Plaintiffs. (Johnson, Thomas)
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Filing 450
Declaration of Matthew Gordon . Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #449 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Gordon, Matthew)
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Filing 449
Response in Opposition to Motion to Dismiss for Failure to State a Claim #431 Oral Argument requested. Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 448
Declaration of Greg Scott . Filed by Oregon Health Authority. (Related document(s): Response to Discovery Motion #447 .) (Attachments: #1 Exhibit, #2 Exhibit) (Wilson, Harry)
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Filing 447
Response to Motion for Discovery #436 . Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 446
Report and Correspondence regarding FamilyCare, Inc.'s Motion to Down-Designate AEO Documents. Filed by All Plaintiffs. (Gordon, Matthew)
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Filing 445
Response in Opposition to Motion for Discovery #436 Oral Argument requested. Filed by Lynne Saxton. (Morgan, Chris)
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Filing 444
Report on Down Designation of AEO Documents. Filed by PacificSource Community Solutions. (Yium, Matthew)
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Filing 443
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #440 . Attorney Christopher William Thompson added. Ordered by Judge Michael W. Mosman. (kms)
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Filing 442
MINUTES of Proceedings: Oral Argument held before Judge Michael W. Mosman. Motion to Down-Designate #405 is taken under advisement. Matthew P. Gordon, David B. Robbins and Matthew J. Mertens present as counsel for plaintiff(s). Edwin A. Harnden, Anna Sortun, Christopher Thompson, Matthew Yium and Jeffrey Hern present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls)
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Filing 441
Notice of Correction by Clerk regarding #440 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The incorrect PDF was attached. The following corrections were made to the record: A corrected PDF has been uploaded and has replaced the incorrect attachment.The Notice of Electronic Filing will be regenerated to all parties. (cw)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher William Thompson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8093810 #440 : Reviewed and Ready for Ruling. (ck)
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Filing 440
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Christopher William Thompson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8093810. Filed by Schramm Health Partners, LLC. (Thompson, Christopher) (Main Document 440 replaced on 5/28/2021) (cw).
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Filing 439
Scheduling Order by Judge Michael W. Mosman. The deadline to respond to Motion to Dismiss #431 and Motion to Dismiss, Motion to Strike, and Motion for Summary Judgment #432 is 06/08/2021. The deadline to reply to is 06/22/2021. The deadline to respond to Motion for Protective Order #434 and Motion for Discovery #436 is 06/08/2021. Ordered by Judge Michael W. Mosman. (kms)
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Filing 438
Declaration of William Murray in support of Motion for Discovery. Filed by FamilyCare Inc.. (Related document(s): Motion - Miscellaneous #436 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Gordon, Matthew)
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Filing 437
Declaration of Matthew Gordon in support of Motion for Discovery. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #436 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Gordon, Matthew)
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Filing 436
Motion for Discovery. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Gordon, Matthew)
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Filing 435
Declaration of Greg Scott in Support of Defendant Oregon Health Authority's Motion for Protective Order re Scope of Supplemental Discovery. Filed by Oregon Health Authority. (Related document(s): Motion for Protective Order #434 .) (Wilson, Harry)
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Filing 434
Motion for Protective Order re Scope of Supplemental Discovery. Oral Argument requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 433
Declaration of Anit Jindal in Support of Defendant Oregon Health Authority's Motion to Dismiss, Motion for Summary Judgment, and Motion to Strike. Filed by Oregon Health Authority. (Related document(s): Motion to Dismiss, Motion to Strike, Motion for Summary Judgment #432 .) (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) (Wilson, Harry)
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Filing 432
Motion to Dismiss , Motion to Strike , Motion for Summary Judgment . Oral Argument requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 431
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Lynne Saxton. (Harnden, Edwin)
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Filing 430
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 4/5/2021 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number (503)326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/19/2021. Redaction Request due 6/2/2021. Redacted Transcript Deadline set for 6/14/2021. Release of Transcript Restriction set for 8/10/2021. (Shumway, Bonita)
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Filing 429
Fifth Amended Complaint . Filed by FamilyCare Inc. against All Defendants. (Robbins, David)
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Filing 428
Order: In light of Stipulation #427 , Plaintiff may file its Fifth Amended Complaint. Ordered by Judge Michael W. Mosman. (kms)
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Filing 427
Stipulation regarding FamilyCare's Fifth Amended Complaint by FamilyCare Inc.. Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 1) (Johnson, Thomas)
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Filing 426
Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Reply in Support of Their Motion for Sanctions Against Defendant Oregon Health Authority Due to Evidence Spoliation. Filed by FamilyCare Inc.. (Related document(s): Reply to Motion #425 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Gordon, Matthew)
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Filing 425
Reply to Motion for Imposition of Sanctions against OHA due to evidence spoliation #257 . Filed by FamilyCare Inc.. (Gordon, Matthew)
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Filing 424
JERS Exhibit Submission Instructions (pg)
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Filing 423
JERS Order. Signed on 4/6/2021 by Judge Michael W. Mosman. (pg)
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Filing 422
Trial Management Order. Signed on 4/6/2021 by Judge Michael W. Mosman. (pg)
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Filing 421
MINUTES of Proceedings: : Telephone Status Conference held before Judge Michael W. Mosman. This matter is no longer stayed. The deadline to reply to Responses in Opposition to Motion for Imposition of Sanctions [320, 321] is 04/12/2021. The deadline to file a motion for leave to file an amended complaint is 04/26/2021. Hearing regarding Motion to Down-Designate #405 is set for 06/01/2021 from 9:00AM to 11:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Hearing regarding Motion for Imposition of Sanctions #257 is set for 06/22/2021 from 9:00AM to 10:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. The parties shall provide a proposed schedule regarding resolution of other outstanding issues by 05/10/2021, with the goal of resolving those issues at a hearing in July. Pretrial Conference set for 01/10/2022 from 1:30PM to 5:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Three-week trial set to begin 04/25/2022 at 9:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Matthew P. Gordon, David B. Robbins, Heidee Stoller and Thomas R. Johnson present as counsel for plaintiff(s). David B. Markowitz, Harry B. Wilson, Chris M. Morgan, Jeffrey D. Hern and Matthew J. Yium present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. (dls)
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Filing 420
Joint Response in Opposition to Motion to Down-Designate AEO Documents #405 . Filed by Cascade Health Alliance, LLC, Umpqua Health Alliance, Western Oregon Advanced Health, LLC. (Sortun, Anna)
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Filing 419
Declaration of Jeffrey Hern in Support of Trillium's Opposition to FamilyCare's Motion to Down-Designate AEO Documents and Joinder in PacificSources' Opposition. Filed by Trillium Community Health Plan, LLC. (Related document(s): Response in Opposition to Motion #418 .) (Attachments: #1 Exhibits A-H) (Hern, Jeffrey)
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Filing 418
Response in Opposition to Motion to Down-Designate AEO Documents #405 Oral Argument requested. Filed by Trillium Community Health Plan, LLC. (Hern, Jeffrey)
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Filing 417
Declaration of Matthew J. Yium In Support of Opposition. Filed by PacificSource Community Solutions. (Related document(s): Response to Motion #415 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Yium, Matthew)
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Filing 416
Declaration of Julie Farrow In Support of Opposition. Filed by PacificSource Community Solutions. (Related document(s): Response to Motion #415 .) (Attachments: #1 Exhibit Exhibit A) (Yium, Matthew)
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Filing 415
Response to Motion to Down-Designate AEO Documents #405 Oral Argument requested. Filed by PacificSource Community Solutions. (Yium, Matthew)
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Filing 414
Notice of Attorney Withdrawal: of Katherine M. Acosta Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 413
ORDER: Unopposed Motion to File Excess Pages of Response Brief #412 is GRANTED. Ordered by Judge Michael W. Mosman. (dls)
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Filing 412
Unopposed Motion to File Excess Pages of Response Brief. Filed by PacificSource Community Solutions. (Yium, Matthew)
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Filing 411
ORDER: Motion to File Excess Pages #409 is GRANTED. Stipulated Motion to Modify Briefing Schedule #410 is GRANTED. Responses to Moton to Down-Designate #405 due by 02/25/2021. Ordered by Judge Michael W. Mosman. (kms)
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Filing 410
Stipulated Motion to Modify Briefing Schedule. Filed by FamilyCare Inc., PacificSource Community Solutions, Trillium Community Health Plan, LLC. (Gordon, Matthew)
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Filing 409
Motion to File Excess Pages re Motion - Miscellaneous #405 . Filed by All Plaintiffs. (Attachments: #1 Exhibit 1) (Gordon, Matthew)
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Filing 408
Notice of Attorney Withdrawal: Filed by United States of America. (Gowie, Renata)
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Filing 407
Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Motion to Down-Designate AEO Documents. Filed by FamilyCare Inc.. (Related document(s): Motion - Miscellaneous #405 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19) (Gordon, Matthew)
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Filing 406
Declaration of William H. Murray in Support of FamilyCare, Inc.'s Motion to Down-Designate AEO Documents. Filed by All Plaintiffs. (Related document(s): Motion - Miscellaneous #405 .) (Gordon, Matthew)
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Filing 405
Motion to Down-Designate AEO Documents. Oral Argument requested. Filed by All Plaintiffs. (Attachments: #1 Exhibit 1 - Down-Designation Documents List) (Gordon, Matthew)
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Filing 404
ORDER: Unopposed Motion for Stay #401 is GRANTED. A complete stay of this case is extended until 04/05/2021. The Court STRIKES the 02/03/2021 Status Conference. Status Conference is set for 04/05/2021 at 11:00AM in Portland by telephone before Judge Michael W. Mosman, to discuss updates and whether the stay should be modified or further extended. Ordered by Judge Michael W. Mosman. (kms)
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Filing 403
Declaration of David Baden in Support of Defendants' Unopposed Motion to Stay. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Stay #401 .) (Wilson, Harry)
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Filing 402
Declaration of Patrick Allen in Support of Defendants' Unopposed Motion to Stay. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Stay #401 .) (Wilson, Harry)
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Filing 401
Unopposed Motion for Stay . Oral Argument requested. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 400
Notice of Attorney Substitution:Attorney P. Andrew McStay, Jr. is substituted as counsel of record in place of Attorney Gregory A. Chaimov Filed by Health Share of Oregon. (McStay, P.)
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Filing 399
Notice of Attorney Withdrawal: Filed by Lynne Saxton. (Fry, Blake)
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Filing 398
Notice of Attorney Substitution: in place of Attorney Peter R. Mersereau and Beth Plass Filed by Lynne Saxton. (Harnden, Edwin)
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Filing 397
ORDER: Unopposed Motion #396 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 396
Unopposed Motion to Withdraw as Intervenor. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Langfitt, Frank)
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Filing 395
ORDER: Unopposed Motion #394 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 394
Unopposed Motion to Withdraw as Intervenor. Filed by PrimaryHealth of Josephine County, LLC. (Parrott, Brian)
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Filing 393
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 8/3/2020 before Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/22/2020. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020. (Shumway, Bonita)
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Filing 392
MINUTES of Proceedings: Telephone Oral Argument held on Defendant's Motion for Extension of Stay #373 . As stated on the record, the motion is GRANTED in part. A complete stay of this case is extended until 02/03/2021. Status Conference is set for 2/3/2021 at 11:45AM in Portland by telephone before Judge Michael W. Mosman, to discuss updates and whether the stay should be modified and/or further extended. Matthew P. Gordon, David B. Robbins, Heidee Stoller and Thomas R. Johnson present as counsel for plaintiff(s). David B. Markowitz, Harry B. Wilson and Peter Mersereau present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (dls)
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Filing 391
Declaration of Rebecca Dodd in Support of Defendant Oregon Health Authority's Reply re Motion to Extend Stay. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Reply to Motion #390 .) (Wilson, Harry)
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Filing 390
Reply to Motion for Extension of Time Motion to Extend Stay #373 . Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 389
Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 8/3/2020 at 11:00AM in Portland by telephone before Judge Michael W. Mosman, regarding Motion for Extension of Time Motion to Extend Stay #373 . The parties to call the court's conference line. Ordered by Judge Michael W. Mosman. (dls)
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Filing 388
MANDATE Issued regarding ( #366 Order from USCA for the 9th Circuit, USCA # 19-35103, 18-35891, 18-36009, 18-36048 re Notice of Appeal #345 , Notice of Appeal #306 , Notice of Appeal #344 , Notice of Appeal #351 . The memorandum disposition filed herein on April 30, 2020, is amended as follows: The penultimate sentence on page thirteen of the memorandum disposition is hereby revoked, and the following is substituted in its place: AFFIRMED in part and VACATED in part in No. 19-35103; AFFIRMED in Nos. 18-35593 and 18-36009; REVERSED in Nos. 18-35891 and 18-36048 ). Mandate issued on 5/29/2020, but entered on the District Court docket on 7/27/2020 due to clerical error. (jtj)
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Filing 387
Declaration of Matthew Gordon in Support of FamilyCare, Inc.'s Response to Oregon Health Authority's Motion to Extend Stay. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #386 .) (Attachments: #1 Exhibit A) (Johnson, Thomas)
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Filing 386
Response in Opposition to Motion for Extension of Time Motion to Extend Stay #373 Oral Argument requested. Filed by All Plaintiffs. (Johnson, Thomas)
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Filing 385
Notice of Appearance of David B. Robbins appearing on behalf of FamilyCare Inc. Filed by on behalf of FamilyCare Inc.. (Robbins, David)
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Filing 384
Notice of Appearance of Matthew J. Mertens appearing on behalf of FamilyCare Inc. Filed by on behalf of FamilyCare Inc.. (Mertens, Matthew)
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Filing 383
Notice of Appearance of Sasha A. Petrova appearing on behalf of FamilyCare Inc. Filed by on behalf of FamilyCare Inc.. (Petrova, Sasha)
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Filing 382
Notice of Appearance of Heidee Stoller appearing on behalf of FamilyCare Inc. Filed by on behalf of FamilyCare Inc.. (Stoller, Heidee)
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Filing 381
Plaintiff's Notice of Attorney Withdrawal: Douglas R. Pahl Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 380
Plaintiff's Notice of Attorney Withdrawal: Amanda J. Beane Filed by All Plaintiffs. (Johnson, Thomas)
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Filing 379
Declaration of David Markowitz . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 378
Declaration of Kristine Kautz . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 377
Declaration of Chelsea Guest . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 376
Declaration of Aaron Dunn . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 375
Declaration of Courtney Warner Crowell . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 374
Declaration of Patrick Allen . Filed by Oregon Health Authority. (Related document(s): Motion for Extension of Time #373 .) (Wilson, Harry)
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Filing 373
Motion for Extension of Time Motion to Extend Stay. Oral Argument requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 372
MINUTES of Proceedings: Settlement Conference held. Case does not settle. Tom Johnson, David Robins, and Matt Gordan present as counsel for plaintiff. Harry Wilson, Renee Stineman and Peter Mersereau present as counsel for defendants. Judge Michael J. McShane presiding. (cp)
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Filing 371
MINUTES of Proceedings: Settlement Conference held. Settlement negotiations on-going. Settlement Conference is continued to 6/25/2020 at 09:00AM in Eugene chambers before Judge Michael J. McShane. Tom Johnson, David Robins, and Matt Gordan present as counsel for plaintiff. Harry Wilson, Renee Stineman and Peter Mersereau present as counsel for defendants. Judge Michael J. McShane presiding. (cp) Modified on 6/25/2020 to correct attorneys present, resent NEF(cp).
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Filing 370
ORDER: The parties Joint Motion for Stay #369 is GRANTED. The current stay in this case 342 is extended until 07/03/2020. Ordered by Judge Michael W. Mosman. (kms)
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Filing 369
Joint Motion for Stay . Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 368
Notice of Attorney Withdrawal: Renee Rothauge Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 367
Scheduling Order by Judge Michael J. McShane. Settlement Conference is set for 6/17/2020 and 6/25/2020 at 09:00AM in Eugene chambers before Judge Michael J. McShane. The parties are to email instructions on how the court is to contact each party and their client along with their settlement documents. Presence of all parties with settlement authority is required. This includes anyone who will have input on the decision of whether or not to settle the case, such as a spouse, parent, or any other adviser who may be relied on for advice. Parties are ordered to submit a Settlement Document to the Court by 5:00PM on 6/10/2020, in which they make realistic proposals of what they are willing to offer or accept to resolve this case. PLEASE SEE ATTACHED INSTRUCTIONS REGARDING THE SETTLEMENT DOCUMENT. Ordered by Judge Michael J. McShane. (cp)
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Filing 366
Order from USCA for the 9th Circuit, USCA # 19-35103, 18-35891, 18-36009, 18-36048 re Notice of Appeal #345 , Notice of Appeal #306 , Notice of Appeal #344 , Notice of Appeal #351 . The memorandum disposition filed herein on April 30, 2020, is amended as follows: The penultimate sentence on page thirteen of the memorandum disposition is hereby revoked, and the following is substituted in its place: AFFIRMED in part and VACATED in part in No. 19-35103; AFFIRMED in Nos. 18-35593 and 18-36009; REVERSED in Nos. 18-35891 and 18-36048. (bd)
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Filing 365
Order from USCA for the 9th Circuit, USCA # 19-35103, 18-35891, 18-36009, 18-36048 re Notice of Appeal #345 , Notice of Appeal #306 , Notice of Appeal #344 , Notice of Appeal #351 . The motion of Patrick Allen, to correct a clerical error in the memorandum disposition filed on April 30, 2020, is GRANTED. (bd)
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Filing 364
USCA Memorandum for the 9th Circuit, USCA #19-35103, 18-35891, 18-36009, 18-36048, re Notice of Appeal #345 , Notice of Appeal #306 , Notice of Appeal #344 , Notice of Appeal #351 . The decision of the District Court is: AFFIRMED in part and VACATED in part in No. 19-35103; AFFIRMED in Nos. 18-35593 and 18-35891; REVERSED in Nos. 18-36009 and 18-36048. The parties shall bear their own costs in No. 19-35103. (bd)
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Filing 363
Order from USCA for the 9th Circuit, USCA # 19-35103 re Notice of Appeal #351 . Motion regarding the allocation of time for oral argument presentation is GRANTED. (bd)
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Filing 362
Notice of Attorney Withdrawal: Nicholas Hesterberg Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 360
Notice of Attorney Withdrawal: Christopher F. McCracken Filed by Health Share of Oregon. (McCracken, Christopher)
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Filing 359
Notice of Change of Address. Notice of Change of Law Firm Name Filed by PacificSource Community Solutions. (Yium, Matthew)
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Filing 361
MINUTES OF SETTLEMENT CONFERENCE: Case does not settled. The Court advises the parties to pursue mediation with a private mediator rather than use Court resources. Renee Stineman present as counsel for Plaintiffs. Thomas R. Johnson and Matthew P. Gordon present as counsel for Defendant. Judge Michael H. Simon presiding. (mja)
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Filing 358
ORDER - Setting a Preliminary Telephone Settlement Conference for 10/7/2019 at 02:30PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja)
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Filing 357
Notice of Change of Address. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 356
Notice of Change of Address. Filed by AllCare CCO, Inc.. (Crew, Michael)
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Filing 355
Notice of Attorney Withdrawal: Elizabeth C. Knight Filed by AllCare CCO, Inc.. (Knight, Elizabeth)
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Filing 354
Order, from USCA for the 9th Circuit, regarding unsealing. USCA # 19-35103 re Notice of Appeal #351 . (kf)
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Filing 353
Notice of Attorney Withdrawal: Brittany Simpson Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 352
Transcript Designation and Order Form for the hearing held on 4/20/18; 7/31/18; 9/21/18 before Judge Mosman. . Filed by All Plaintiffs. Transcript is due by 4/5/2019. (Johnson, Thomas)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #351 . Case Appealed to Ninth Circuit Case Number 19-35103 assigned. (kf)
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Filing 351
Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-5726523: . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit A) (Johnson, Thomas)
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Filing 350
PARTIAL JUDGMENT: Based upon the Order of the Court granting Plaintiffs Motion for Judgment on Dismissed Claims #336 , it is ordered and adjudged that motion #336 is GRANTED, and Plaintiffs fourth, tenth, and eleventh claims are dismissed with prejudice. Signed on 1/23/2019 by Judge Michael W. Mosman. (kms)
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Filing 349
OPINION AND ORDER: I GRANT Plaintiff's Motion for Judgment on Dismissed Claims #336 . Signed on 1/23/19 by Judge Michael W. Mosman. (dls)
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Filing 348
Transcript Designation and Order Form for the hearing held on 4/20/18; 9/21/18; 11/2/18 before Judge Mosman. Court Reporter: Bonita Shumway. . Filed by Lynne Saxton. Transcript is due by 2/4/2019. (Fry, Blake)
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Filing 347
Notice of Attorney Withdrawal: Eric A. Lindenauer Filed by PacificSource Community Solutions. (Lindenauer, Eric)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Cross Notice of Appeal #345 . Case Appealed to Ninth Circuit Case Number 18-36048 assigned. Cross Appeals 18-36009 x 18-36048. (kf)
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Filing 346
Representation Statement re Notice of Appeal #345 . Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 345
Cross Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID 0979-5669324: . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit A - Representation Statement) (Johnson, Thomas)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #344 . Case Appealed to Ninth Circuit Case Number 18-36009 assigned. (bd)
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Filing 344
Notice of Appeal to the 9th Circuit from Order on motion for summary judgment,,, Motion Hearing Held,, 338 Filing fee $505 collected; Agency Tracking ID 0979-5652130: . Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 343
Transcript Designation and Order Form regarding Notice of Appeal, #306 . Filed by Patrick Allen. Transcript is due by 12/17/2018. (Monson, Jonathan)
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Filing 342
ORDER: GRANTING the parties Motion to Vacate Trial Deadlines #312 , GRANTING in part the parties Joint Motion for Stay of Action Pending Appeal #335 , vacating current trial-related deadlines, and postponing trial pending appeals. The Court will retain jurisdiction over the questions of down-designation, discovery from Health Share, and designation of specific retaliatory language and acts as discussed at the previous hearing. Defendant Saxton's Motion for Extension of Time #307 is DENIED as moot. The Court continues to take Plaintiffs Motion for Judgment on Dismissed Claims #336 under advisement. Plaintiff should provide a specific list of designated retaliation to the Court by 01/03/19. Plaintiff should provide an item by item list of documents it requests be down-designated to the Court by 02/01/19. Plaintiff should provide a narrowed 30(b)(6) request to Health Share by 02/01/19. Ordered by Judge Michael W. Mosman. (kms)
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Filing 341
Transcript Designation and Order Form for the hearing held on 11.2.2018 before Judge Michael W. Mosman. Court Reporter: Bonita Shumway. . Filed by Schramm Health Partners, LLC. (O'Malley, Kevin)
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Filing 340
Declaration of Greg Scott Notice of Errata re Docket No. 324. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion #320 .) (Wilson, Harry)
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Filing 339
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 11/2/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/13/2018. Redaction Request due 11/26/2018. Redacted Transcript Deadline set for 12/6/2018. Release of Transcript Restriction set for 2/4/2019. (Shumway, Bonita)
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Filing 338
MINUTES of Proceedings: Motion Hearing Held. Defendant Saxton's Motion for Summary Judgment #253 is GRANTED in part and DENIED in part, as stated on the record. Matthew P. Gordon, Nicholas H. Hesterberg, Stephen F. English and Thomas R. Johnson present as counsel for plaintiff(s). Matthew A. Levin, David B. Markowitz, Laura R. Salerno Owen, Beth Plass and Peter R. Mersereau present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (dls)
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Filing 337
Sur-Reply to Motion for Summary Judgment #253 , Reply to Motion #310 . Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 336
Motion for Judgment on Dismissed Claims. Oral Argument requested. Filed by FamilyCare Inc.. (Attachments: #1 Appendix A) (Johnson, Thomas)
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Filing 335
Joint Motion for Stay of Action Pending Appeal. Oral Argument requested. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 334
Notice of Joinder in Memorandum in Opposition, #326 , Response in Opposition to Motion, #315 , Response in Opposition to Motion, #332 , Response to Motion, #318 in Opposition to FamilyCare, Inc.'s Motion to Permit Access to AEO Documents Filed by Willamette Valley Community Health, LLC. (Related document(s): Memorandum in Opposition, #326 , Response in Opposition to Motion, #315 , Response in Opposition to Motion, #332 , Response to Motion, #318 .) (Olson, Arden)
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Filing 333
Declaration of Jeffrey Hern in Support of Trillium's Joinder and Response to FamilyCare's Motion for Partial Reconsideration. Filed by Trillium Community Health Plan, LLC. (Related document(s): Response in Opposition to Motion, #332 .) (Attachments: #1 Exhibit A) (Hern, Jeffrey)
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Filing 332
Response in Opposition Trillium's Joinder and Response to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 Oral Argument requested. Filed by Trillium Community Health Plan, LLC. (Hern, Jeffrey)
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Filing 331
Response (filed as Nonparty AllCare CCO, Inc.'s Joinder in Health Share of Oregon's Opposition to FamilyCare's Motion for Partial Reconsideration) to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 . Filed by AllCare CCO, Inc.. (Knight, Elizabeth)
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Filing 330
Declaration of David A. Neiman ISO Health Share Opposition to FamilyCare Motion for Reconsideration. Filed by Health Share of Oregon. (Related document(s): Memorandum in Opposition, #326 .) (Chaimov, Gregory)
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Filing 329
Memorandum in Opposition of CPC and JCC in Joinder to Opposition to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 Oral Argument requested. Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Larsen, Daniel)
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Filing 328
Declaration of Larry Soderberg ISO Health Share Opposition to FamilyCare Motion for Reconsideration. Filed by Health Share of Oregon. (Related document(s): Memorandum in Opposition, #326 .) (Chaimov, Gregory)
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Filing 327
Declaration of Gregory A. Chaimov ISO Health Share Opposition to FamilyCare Motion for Reconsideration. Filed by Health Share of Oregon. (Related document(s): Memorandum in Opposition, #326 .) (Chaimov, Gregory)
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Filing 326
Memorandum in Opposition to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 Oral Argument requested. Filed by Health Share of Oregon. (Chaimov, Gregory)
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Filing 325
Declaration of Lynne Saxton in Support of Opposition to FamilyCare, Inc.'s Motion for Sanctions. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion #321 .) (Attachments: #1 Exhibit 1) (Salerno Owens, Laura)
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Filing 324
Declaration of Greg Scott in Support of Opposition to FamilyCare, Inc.'s Motion for Sanctions. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion #321 .) (Salerno Owens, Laura)
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Filing 323
Declaration of Laura Salerno Owens in Support of Opposition to FamilyCare, Inc.'s Motion for Sanctions. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion #321 .) (Attachments: #1 Exhibit 10(b)) (Salerno Owens, Laura)
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Filing 322
Declaration of Laura Salerno Owens in Support of Opposition to FamilyCare, Inc.'s Motion for Sanctions. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion #321 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10(a), #11 Exhibit 10(b), #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) (Salerno Owens, Laura)
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Filing 321
Response in Opposition to Motion for Imposition of Sanctions against OHA due to evidence spoliation #257 . Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 320
Response in Opposition to Motion for Imposition of Sanctions against OHA due to evidence spoliation #257 . Filed by Patrick Allen, Oregon Health Authority. (Salerno Owens, Laura)
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Filing 319
Declaration of Julie Farrow in Opposition to FamilyCare's Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents. Filed by PacificSource Community Solutions. (Related document(s): Response to Motion, #318 .) (Lindenauer, Eric)
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Filing 318
Response to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 Oral Argument requested. Filed by PacificSource Community Solutions. (Lindenauer, Eric)
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Filing 317
Declaration of Frank V. Langfitt In Support of Opposition to Plaintiff's Motion to Reconsider. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response in Opposition to Motion, #315 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Langfitt, Frank)
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Filing 316
Declaration of Mark Danburg-Wyld In Support of Opposition to Plaintiff's Motion for Reconsideration. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response in Opposition to Motion, #315 .) (Langfitt, Frank)
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Filing 315
Response in Opposition to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 Oral Argument requested. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Langfitt, Frank)
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Filing 314
ORDER: GRANTING Defendants' Unopposed Motion for Leave to File Document Under Seal #309 . Ordered by Judge Michael W. Mosman. (kms)
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Filing 313
Motion for Extension of Time to File a Response/Reply to Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supp #302 . Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 312
Motion to Vacate Trial Deadlines and Joint Status Report. Filed by FamilyCare Inc.. (Attachments: #1 Proposed Order Stipulated) (Johnson, Thomas)
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Filing 311
Declaration of Peter R. Mersereau in Support of Reply Memorandum in Support of Defendant Lynne Saxton's Motion for Summary Judgment. Filed by Lynne Saxton. (Related document(s): Reply to Motion #310 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Mersereau, Peter)
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Filing 310
Reply to Motion for Summary Judgment #253 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 309
Unopposed Motion for Leave to File Document Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 308
Declaration of Peter R. Mersereau in Support of Defendant Lynne Saxton's Motion to Extend Certain Pretrial Filing Deadlines. Filed by Lynne Saxton. (Related document(s): Motion for Extension of Time #307 .) (Mersereau, Peter)
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Filing 307
Motion for Extension of Time . Filed by Lynne Saxton. (Mersereau, Peter)
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USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal #306 . Case Appealed to Ninth Circuit Case Number 18-35891 assigned. (kf)
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Filing 306
Notice of Appeal to the 9th Circuit from Order on Motion to Dismiss for Failure to State a Claim,,,,, Order on motion to strike,,,,,,,,,, Order on motion for summary judgment,,,,, Motion Hearing Held,,,, 255 Filing fee $505 collected; Receipt No. 0979-5601631: . Filed by Patrick Allen. (Monson, Jonathan)
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Filing 305
Notice of Association of Attorney Nicole M. Swift,Nicole M. Swift for Patrick Allen. in his individual capacity Filed by Patrick Allen. (Swift, Nicole)
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Filing 304
Notice of Attorney Substitution:Attorney Jon W. Monson is substituted as counsel of record for Defendant Patrick Allen in his individual capacity Filed by Patrick Allen. (Monson, Jonathan)
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Filing 303
Declaration of William Murray in Support of Motion for Partial Reconsideration. Filed by FamilyCare Inc.. (Related document(s): Motion for Reconsideration, #302 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (English, Stephen)
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Filing 302
Motion for Reconsideration Motion for Partial Reconsideration of Order Denying Motion to Permit Access to AEO Documents Pursuant to Protective Orders of Order on Motion to Compel,,,, Order on Motion - Miscellaneous,,,, Order on Motion to Supplement,,,, Motion Hearing Held,,, 290 . Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 301
Transcript Designation and Order Form for the hearing held on 10/5/2018 before Judge Mosman. Court Reporter: Bonita Shumway. . Filed by Schramm Health Partners, LLC. (O'Malley, Kevin)
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Filing 300
Notice of Attorney Withdrawal: Brian Samuelson Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 299
Exhibits Sealed Exhibits to Hesterberg Declaration in Opposition to Motion for Summary Judgment re Exhibits, #298 , Declaration,,,,, #297 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 9, #2 Exhibit 11, #3 Exhibit 24, #4 Exhibit 25, #5 Exhibit 33, #6 Exhibit 53, #7 Exhibit 56, #8 Exhibit 63) (English, Stephen)
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Filing 298
Exhibits re Declaration,,,,, #297 . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 60, #2 Exhibit 61, #3 Exhibit 62, #4 Exhibit 63, #5 Exhibit 64, #6 Exhibit 65, #7 Exhibit 66, #8 Exhibit 67, #9 Exhibit 68, #10 Exhibit 69) (English, Stephen)
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Filing 297
Declaration of Nicholas Hesterberg in Support of Plaintiff FamilyCare, Inc.'s Response in Opposition to Defendant Lynne Saxton's Motion for Summary Judgment. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #295 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59) (English, Stephen)
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Filing 296
Declaration of Jeff Heatherington in Support of Plaintiff FamilyCare, Inc.'s Response in Opposition to Defendant Lynne Saxton's Motion for Summary Judgment. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #295 .) (English, Stephen)
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Filing 295
Response in Opposition to Motion for Summary Judgment #253 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by FamilyCare Inc.. (English, Stephen)
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Filing 294
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 10/5/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/18/2018. Redaction Request due 11/1/2018. Redacted Transcript Deadline set for 11/13/2018. Release of Transcript Restriction set for 1/9/2019. (Shumway, Bonita)
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Filing 293
ORDER: Unopposed Motion for Leave to File Response in Opposition to Lynne Saxton's Motion for Summary Judgment Under Seal. Ordered by Judge Michael W. Mosman. (dls)
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Filing 292
Unopposed Motion for Leave to File Response in Opposition to Lynne Saxton's Motion for Summary Judgment Under Seal. Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 290
MINUTES of Proceedings: Plaintiff FamilyCares Motion to Permit Access to AEO Documents Pursuant to Protective Orders #251 is DENIED. Plaintiff FamilyCares Motion to Compel Down-Designation of AEO Documents #196 is GRANTED in part and DENIED in part. The Unmasked Tri-County Regional Rate Model [197-2] and the portion of the Triangulation Analysis [197-4] prepared by Optamus are down-designated. The remained of the Triangulation Analysis [197-4] and Exhibit L Submission for Health Share [197-3] remain Attorneys Eyes Only. All future scheduling deadlines remain the same. Matthew Gordon, Alletta Brenner present as counsel for plaintiff(s). Brittany Simpson, Gregory Chaimov, Jeffery Hern, Frank Langfitt, Sonia Montalbano, Christopher McCracken, Eric Lindenauer present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms)
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Filing 289
ORDER: Joint Motion for Extension of Time #275 is GRANTED. Defendants' response was previously due on 10/08/18 and is now due 10/29/18, for motion #257 . Plaintiff's reply is now due 11/19/18, for motion #257 . Defendants' Notice of Withdrawal of Defendants' Motion for Extension of Time #273 is GRANTED and Defendants' Motion for Extension of Time #263 will be stricken. Ordered by Judge Michael W. Mosman. (dls)
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Filing 288
Notice of Joinder (Nonparty Allcare CCO, Inc.'s Joinder in Health Share of Oregon's Opposition to FamilyCare's Motion to Permit Access to AEO Documents) Filed by AllCare CCO, Inc.. (Knight, Elizabeth)
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Filing 287
Declaration of Jeffrey Hern in Support of Trillium's Joinder in Health Share's Opposition. Filed by Trillium Community Health Plan, LLC. (Related document(s): Response in Opposition to Motion, #284 .) (Attachments: #1 Exhibits A-G) (Hern, Jeffrey)
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Filing 286
Declaration of Brandie Whitmire in Support of Trillium's Joinder in Health Share's Opposition. Filed by Trillium Community Health Plan, LLC. (Related document(s): Response in Opposition to Motion, #284 .) (Attachments: #1 Exhibit A) (Hern, Jeffrey)
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Filing 285
Notice of Joinder in Response to Discovery Motion, #269 in Opposition to FamilyCare, Inc.'s Motion to Permit Access to AEO Documents [DKT 251] Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Related document(s): Response to Discovery Motion, #269 .) (Larsen, Daniel)
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Filing 284
Response in Opposition Trillium's Joinder in Health Share's Opposition to Motion to Permit Access to AEO Documents Pursuant to Protective Orders Motion to Supplement Actuarial Expert Report #251 Oral Argument requested. Filed by Trillium Community Health Plan, LLC. (Hern, Jeffrey)
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Filing 283
Notice of Joinder in Response to Motion, #265 , Response to Discovery Motion, #269 , Response to Motion #276 Filed by Willamette Valley Community Health, LLC. (Related document(s): Response to Motion, #265 , Response to Discovery Motion, #269 , Response to Motion #276 .) (Olson, Arden)
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Filing 282
Motion for Joinder in Opposition to Familycare's Motion to Permit Access to AEO Documents. Filed by PrimaryHealth of Josephine County, LLC. (Parrott, Brian)
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Filing 281
Declaration of Kevin O'Malley . Filed by Schramm Health Partners, LLC. (Related document(s): Response to Discovery Motion #278 .) (Attachments: #1 Exhibit) (Montalbano, Sonia)
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Filing 280
Declaration of Greg Scott . Filed by Schramm Health Partners, LLC. (Related document(s): Response to Discovery Motion #278 .) (Attachments: #1 Exhibit) (Montalbano, Sonia)
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Filing 279
Declaration of Steve Schramm . Filed by Schramm Health Partners, LLC. (Related document(s): Response to Discovery Motion #278 .) (Attachments: #1 Exhibit) (Montalbano, Sonia)
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Filing 278
Response to Motion to Permit Access to AEO Documents Pursuant to Protective Orders Motion to Supplement Actuarial Expert Report #251 Oral Argument requested. Filed by Schramm Health Partners, LLC. (Montalbano, Sonia)
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Filing 277
Declaration of Julie Farrow Supporting PacificSource Community Solutions' Opposition to FamilyCare, Inc.'s Motion to Permit Access to AEO Documents Pursuant to Protective Orders. Filed by PacificSource Community Solutions. (Related document(s): Response to Motion #276 .) (Lindenauer, Eric)
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Filing 276
Response to Motion to Permit Access to AEO Documents Pursuant to Protective Orders Motion to Supplement Actuarial Expert Report #251 Oral Argument requested. Filed by PacificSource Community Solutions. (Lindenauer, Eric)
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Filing 275
Joint Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions against OHA due to evidence spoliation #257 . Filed by Patrick Allen, Oregon Health Authority. (Levin, Matthew)
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Filing 274
Notice of Appearance of Brian M. Parrott appearing on behalf of PrimaryHealth of Josephine County, LLC Filed by on behalf of PrimaryHealth of Josephine County, LLC. (Parrott, Brian)
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Filing 273
Notice of Withdrawal of Defendants' Motion for Extension of Time to Respond to Plaintiff's Motion for Sanctions #263 Filed by Patrick Allen, Oregon Health Authority. (Levin, Matthew) Modified to add link to motion on 10/15/2018. (kf)
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Filing 272
Declaration of Lori Coyner . Filed by Health Share of Oregon. (Related document(s): Response to Discovery Motion, #269 .) (McCracken, Christopher)
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Filing 271
Declaration of Jacqueline Lee . Filed by Health Share of Oregon. (Related document(s): Response to Discovery Motion, #269 .) (Attachments: #1 Exhibit 1) (McCracken, Christopher)
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Filing 270
Declaration of Christopher F. McCracken iso Health Share's Opposition to FamilyCare's Motion to Permit Access to AEO Documents. Filed by Health Share of Oregon. (Related document(s): Response to Discovery Motion, #269 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (McCracken, Christopher)
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Filing 269
Response in Opposition to Motion to Permit Access to AEO Documents Pursuant to Protective Orders Motion to Supplement Actuarial Expert Report #251 Oral Argument requested. Filed by Health Share of Oregon. (McCracken, Christopher)
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Filing 268
Declaration of Frank V. Langfitt . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Motion, #265 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Langfitt, Frank)
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Filing 267
Declaration of Robert Judge . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Motion, #265 .) (Langfitt, Frank)
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Filing 266
Declaration of Mark Danburg-Wyld . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Motion, #265 .) (Langfitt, Frank)
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Filing 265
Response to Motion to Permit Access to AEO Documents Pursuant to Protective Orders Motion to Supplement Actuarial Expert Report #251 Oral Argument requested. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Langfitt, Frank)
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Filing 264
Declaration of Matthew A. Levin in Support of Defendants' Motion for Extension of Time to Respond to Plaintiffs' Motion for Sanctions. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Imposition of Sanctions #257 .) (Levin, Matthew)
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Filing 263
Motion for Extension of Time to File a Response/Reply to Motion for Imposition of Sanctions against OHA due to evidence spoliation #257 . Filed by Patrick Allen, Oregon Health Authority. (Levin, Matthew)
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Filing 262
Notice of Appearance of Carla Scott appearing on behalf of Patrick Allen, Oregon Health Authority Filed by on behalf of Patrick Allen, Oregon Health Authority. (Scott, Carla)
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Filing 261
Exhibits re Declaration, #258 , (DOCUMENT FILED UNDER SEAL). Filed by FamilyCare Inc. (rs) Modified on 9/28/2018 to correct docket text, NEF regenerated (rs).
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Filing 260
ORDER: FamilyCare's Motion for Leave to File Documents Under Seal #256 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 259
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 9/21/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/2/2018. Redaction Request due 10/16/2018. Redacted Transcript Deadline set for 10/26/2018. Release of Transcript Restriction set for 12/24/2018. (Shumway, Bonita)
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Filing 258
Declaration of Amanda Beane ISO Motion for Sanctions Against OHA Due to Evidence Spoliation. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by FamilyCare Inc.. (Related document(s): Motion for Imposition of Sanctions #257 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 222, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 40) (English, Stephen)
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Filing 257
Motion for Imposition of Sanctions against OHA due to evidence spoliation. Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 256
Motion for Leave to File Documents Under Seal. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 255
MINUTES of Proceedings: Oral argument held. Defendants' Motion for Summary Judgment #149 is GRANTED in part and DENIED in part. Mr. Allen's Motion to Dismiss for Failure to State a Claim #114 is DENIED. FamilyCare's Motion to Dismiss for Failure to State a Claim #130 is GRANTED. Oral arguments will be held on FamilyCare's Motion to Compel Down-Designation of Attorneys' Eyes Only Documents #196 and FamilyCare Motion to Permit Access to AEO Documents #251 on 10/05/18 at 10:00am. The deadline for expert reports is extended and will be determined at the 10/05/2018 hearing. The hearing previously scheduled for 10/22/2018 at 2:00pm is stricken. Stephen English, Matthew Gordon, Thomas Johnson, Alletta Brenner, Nicholas Hesterberg present as counsel for plaintiff(s). David Markowitz, Matthew Levin, Carla Scott, Gregoty Chaimov, Jeffery Hern, Frank Langfitt, Elizabeth Knight, Sonia Montalbano, Christopher McCracken, Eric Lindenauer present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms)
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Filing 254
Declaration of Lynne Saxton in Support of Motion for Summary Judgment. Filed by Lynne Saxton. (Related document(s): Motion for Summary Judgment #253 .) (Mersereau, Peter)
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Filing 253
Motion for Summary Judgment . Oral Argument requested. Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 252
Declaration of Matthew Mertens in Support of Plaintiff FamilyCare, Inc.'s Motion to Permit Access to AEO Documents Pursuant to Protective Order and to Permit Supplementation of Expert Reports. Filed by FamilyCare Inc.. (Related document(s): Motion - Miscellaneous, Motion to Supplement #251 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Johnson, Thomas)
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Filing 251
Motion to Permit Access to AEO Documents Pursuant to Protective Orders, Motion to Supplement Actuarial Expert Report. Oral Argument requested. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 250
Notice of Association of Attorney Harry B. Wilson,Carla Scott for Oregon Health Authority,Carla Scott for Patrick Allen. Filed by Oregon Health Authority, Patrick Allen. (Wilson, Harry)
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Filing 249
Declaration of Matthew P. Gordon in Support of FamilyCare, Inc.'s Surreply and Supplemental Brief in Opposition to Patrick Allen and Oregon Health Authority's Motion for Summary Judgment. Filed by FamilyCare Inc.. (Related document(s): Sur-Reply to Motion #248 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (English, Stephen)
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Filing 248
Sur-Reply and Supplemental Brief in Opposition to Motion for Summary Judgment #149 . Filed by FamilyCare Inc.. (English, Stephen)
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Filing 247
Exhibits (Exhibit List - Exhibits Filed Under Seal in Support of Reply In Support of Motion for Summary Judgment) re Reply to Motion #245 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Wilson, Harry)
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Filing 246
Exhibits (Exhibit List in Support of Reply in Support of Motion for Summary Judgment) re Reply to Motion #245 . Filed by Patrick Allen, Oregon Health Authority. (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) (Wilson, Harry)
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Filing 245
Reply (In Support of) to Motion for Summary Judgment #149 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 244
ORDER: Defendants' Motion for Leave to File Reply In Support of Motion for Summary Judgment Under Seal #243 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 243
Motion for Leave to File Reply in Support of Motion for Summary Judgment Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 242
Scheduling Order by Judge Michael W. Mosman regarding Motion to Compel Down-Designation of Attorneys' Eyes Only Documents #196 . Oral Argument is set for 9/21/2018 at 09:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 240
ORDER: GRANTING Unopposed Motion to file documents under seal #237 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 239
ORDER: Defendant's Motion to Compel Production of General Ledger #145 , Defendant's Motion to Compel Production of Database #180 and Defendant's Motion to Compel Production of Documents #189 are DENIED. Ordered by Judge Michael W. Mosman. (dls)
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Filing 238
Notice of Joinder in Response in Opposition to Motion #228 in opposition to FamilyCare's Motion to Compel Down-Designation of Attorneys' Eyes Only Documents (Dkt. 196) Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Related document(s): Response in Opposition to Motion #228 .) (Larsen, Daniel)
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Filing 237
Unopposed Motion to file documents under seal. Filed by Schramm Health Partners, LLC. (Montalbano, Sonia)
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Filing 236
Notice of Joinder in Response in Opposition to Motion #228 (Filed as NonParty AllCare CCO, Inc.'s Joinder in Health Share of Oregon's Memorandum in Opposition to FamilyCare, Inc.'s Motion to Compel Down-Designation of Attorneys' Eyes Only Documents) Filed by AllCare CCO, Inc.. (Related document(s): Response in Opposition to Motion #228 .) (Knight, Elizabeth)
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Filing 235
Notice of Joinder in Response in Opposition to Motion #228 Filed by Willamette Valley Community Health, LLC. (Related document(s): Response in Opposition to Motion #228 .) (Olson, Arden)
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Filing 234
Certificate of Compliance as to word limit of Memorandum. Filed by Health Share of Oregon. (Related document(s): Response in Opposition to Motion #228 .) (Chaimov, Gregory)
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Filing 233
Notice of Joinder in Motion to compel #196 Down-Designation of AEO Documents Filed by Trillium Community Health Plan, LLC. (Related document(s): Motion to compel #196 .) (Hern, Jeffrey)
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Filing 232
Declaration of Mark Danburg-Wyld . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Discovery Motion, #231 .) (Langfitt, Frank)
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Filing 231
Response of Non-Party Intervenor Eastern Oregon Coordinated Care Organization to Family Care, Inc.'s to Motion to Compel Down-Designation of Attorneys' Eyes Only Documents #196 . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Langfitt, Frank)
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Filing 230
Declaration of Larry Soderberg . Filed by Health Share of Oregon. (Related document(s): Response in Opposition to Motion #228 .) (Chaimov, Gregory)
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Filing 229
Declaration of Gregory Chaimov . Filed by Health Share of Oregon. (Related document(s): Response in Opposition to Motion #228 .) (Chaimov, Gregory)
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Filing 228
Response in Opposition to Motion to Compel Down-Designation of Attorneys' Eyes Only Documents #196 . Filed by Health Share of Oregon. (Chaimov, Gregory)
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Filing 227
Exhibits re Declaration,,,,, #224 , Response in Opposition to Motion #222 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 18 Sealed, #2 Exhibit 23 Sealed, #3 Exhibit 24 Sealed, #4 Exhibit 25 Sealed, #5 Exhibit 26 Sealed, #6 Exhibit 29 Sealed, #7 Exhibit 32 Sealed, #8 Exhibit 38 Sealed, #9 Exhibit 44 Sealed, #10 Exhibit 45 Sealed, #11 Exhibit 47 Sealed, #12 Exhibit 60 Sealed, #13 Exhibit 66 Sealed, #14 Exhibit 67 Sealed, #15 Exhibit 68 Sealed, #16 Exhibit 69 Sealed, #17 Exhibit 81 Sealed, #18 Exhibit 111 Sealed, #19 Exhibit 123 Sealed) (English, Stephen)
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Filing 226
Exhibits re Declaration,,,,, #224 , Response in Opposition to Motion #222 . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 120, #2 Exhibit 121, #3 Exhibit 122, #4 Exhibit 123) (English, Stephen)
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Filing 225
Exhibits re Declaration,,,,, #224 , Response in Opposition to Motion #222 . Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 60, #2 Exhibit 61, #3 Exhibit 62, #4 Exhibit 63, #5 Exhibit 64, #6 Exhibit 65, #7 Exhibit 66, #8 Exhibit 67, #9 Exhibit 68, #10 Exhibit 69, #11 Exhibit 70, #12 Exhibit 71, #13 Exhibit 72, #14 Exhibit 73, #15 Exhibit 74, #16 Exhibit 75, #17 Exhibit 76, #18 Exhibit 77, #19 Exhibit 78, #20 Exhibit 79, #21 Exhibit 80, #22 Exhibit 81, #23 Exhibit 82, #24 Exhibit 83, #25 Exhibit 84, #26 Exhibit 85, #27 Exhibit 86, #28 Exhibit 87, #29 Exhibit 88, #30 Exhibit 89, #31 Exhibit 90, #32 Exhibit 91, #33 Exhibit 92, #34 Exhibit 93, #35 Exhibit 94, #36 Exhibit 95, #37 Exhibit 96, #38 Exhibit 97, #39 Exhibit 98, #40 Exhibit 99, #41 Exhibit 100, #42 Exhibit 101, #43 Exhibit 102, #44 Exhibit 103, #45 Exhibit 104, #46 Exhibit 105, #47 Exhibit 106, #48 Exhibit 107, #49 Exhibit 108, #50 Exhibit 109, #51 Exhibit 110, #52 Exhibit 111, #53 Exhibit 112, #54 Exhibit 113, #55 Exhibit 114, #56 Exhibit 115, #57 Exhibit 116, #58 Exhibit 117, #59 Exhibit 118, #60 Exhibit 119) (English, Stephen)
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Filing 224
Declaration of Nicholas Hesterberg in Support of FamilyCare, Inc.'s Opposition to Oregon Health Authority and Patrick Allen's Motion for Summary Judgment. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #222 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9 (Part 1 of 2), #10 Exhibit 9 (Part 2 of 2), #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) (English, Stephen)
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Filing 223
Declaration of William Murray in Support of FamilyCare, Inc.'s Opposition to Oregon Health Authority and Patrick Allen's Motion for Summary Judgment. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #222 .) (Attachments: #1 Exhibit 1) (English, Stephen)
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Filing 222
Response in Opposition to Motion for Summary Judgment #149 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by FamilyCare Inc.. (English, Stephen)
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Filing 221
ORDER: GRANTING Plaintiff FamilyCare's Unopposed Motion for Leave to File Memorandum in Excess of Page Limit #219 . Plaintiff will be permitted to file a 45 page memorandum. Ordered by Judge Michael W. Mosman. (kms)
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Filing 220
ORDER: FamilyCare's Unopposed Motion for Leave to File Response in Opposition to Motion for Summary Judgement Under Seal #203 is GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 219
Unopposed Motion for Leave to File Memorandum in Excess of Page Limit. Expedited Hearing requested. Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 218
Scheduling Order by Judge Michael W. Mosman. Response is due by 10:00AM on 8/27/2018, regarding Motion to Compel Down-Designation of Attorneys' Eyes Only Documents #196 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 217
Scheduling Order by Judge Michael W. Mosman. Oral Argument is set for 9/21/2018 at 09:00AM in Portland Courtroom 16 before Judge Michael W. Mosman, regarding Motion to Dismiss for Failure to State a Claim Motion to Strike Amended Complaint(112 in 3:18-cv-00212-MO) #114 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 216
ORDER: GRANTING Unopposed Motion for Leave to File Documents Under Seal #199 . The Exhibits 2, 3, and 4 of the Declaration of Alletta Brenner in Support of Motion to Compel #196 are Sealed. Ordered by Judge Michael W. Mosman. (dls)
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Filing 215
ORDER: DENYING Motion to File Excess Pages #202 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 214
Scheduling Order by Judge Michael W. Mosman. Oral Argument is set for 9/21/2018 at 09:00AM in Portland Courtroom 16 before Judge Michael W. Mosman, regarding Motion to Dismiss for Failure to State a Claim First Counterclaim #130 . Ordered by Judge Michael W. Mosman. (dls)
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Filing 213
Declaration of Amanda Beane in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (English, Stephen)
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Filing 212
Declaration of Nicholas Hesterberg in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 211
Declaration of Lee McDonald in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 210
Declaration of Jeff Heatherington in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 209
Declaration of Jessica Hasen in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 208
Declaration of Cheri Pfannes in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 207
Declaration of Courtney Peck in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 206
Declaration of Anthony Jackson in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 205
Declaration of Alletta Brenner in Support of Opposition to Motion to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #204 .) (English, Stephen)
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Filing 204
Response in Opposition to Motion to Compel (Defendant Oregon Health Authority's Motion to Compel Production of Documents) #189 Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 203
Unopposed Motion for Leave to File Response in Opposition to Motion for Summary Judgment Under Seal. Filed by FamilyCare Inc.. (Johnson, Thomas)
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Filing 202
Motion to File Excess Pages re Motion for Summary Judgment #149 . Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 201
Answer to #111 Amended Complaint . Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 200
Proposed Form of Order Submitted for Leave to File Documents Under Seal. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 199
Unopposed Motion for Leave to File Documents Under Seal. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 198
Declaration of William Murray in Support of FamilyCare, Inc.'s Motion to Compel Down-Designation of Attorneys' Eyes Only Documents. Filed by FamilyCare Inc.. (Related document(s): Motion to compel #196 .) (English, Stephen)
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Filing 197
Declaration of Alletta Brenner in Support of FamilyCare, Inc.'s Motion to Compel Down-Designation of Attorneys' Eyes Only Documents. Filed by FamilyCare Inc.. (Related document(s): Motion to compel #196 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2 (sealed), #3 Exhibit 3 (sealed), #4 Exhibit 4 (sealed), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (English, Stephen)
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Filing 196
Motion to Compel Down-Designation of Attorneys' Eyes Only Documents. Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 195
Declaration of Alletta Brenner in Support of Opposition to Motion to Compel Production of Database. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #193 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (English, Stephen)
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Filing 194
Declaration of William Murray in Support of Opposition to Motion to Compel Production of Database. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #193 .) (English, Stephen)
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Filing 193
Response in Opposition to Motion to Compel Production of Database #180 . Filed by FamilyCare Inc.. (English, Stephen)
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Filing 192
Reply in Support of Motion to Dismiss Oregon Health Authority's First Counterclaim. Filed by FamilyCare Inc.. (Related document(s): Memorandum in Opposition #177 .) (English, Stephen)
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Filing 191
Notice of Intent to Redact Transcript by Kevin E. O'Malley re Transcript of Proceedings,, #187 Filed by on behalf of Schramm Health Partners, LLC. (Related document(s): Transcript of Proceedings,, #187 .) (O'Malley, Kevin)
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Filing 190
Declaration of Laura Salerno Owens in Support of Defendant Oregon Health Authority's Motion to Compel Production of Documents. Filed by Oregon Health Authority. (Related document(s): Motion to compel #189 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21) (Salerno Owens, Laura)
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Filing 189
Motion to Compel (Defendant Oregon Health Authority's Motion to Compel Production of Documents). Oral Argument requested. Filed by Oregon Health Authority. (Salerno Owens, Laura)
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Filing 188
Transcript Designation and Order Form for the hearing held on July 31, 2018 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. . Filed by Schramm Health Partners, LLC. (O'Malley, Kevin)
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Filing 187
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7/31/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/13/2018. Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/5/2018. (Shumway, Bonita)
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Filing 186
Declaration of Laura Segal in Support of FamilyCare, Inc.'s Response in Opposition to Oregon Health Authority's Motion to Compel Production of General Ledger. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #184 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2) (English, Stephen)
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Filing 185
Declaration of Anthony Jackson in Support of FamilyCare, Inc.'s Response in Opposition to Oregon Health Authority's Motion to Compel Production of General Ledger. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #184 .) (English, Stephen)
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Filing 184
Response in Opposition to Motion to Compel Production of General Ledger #145 Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 183
MINUTES of Proceedings: Oral argument held. Ms. Saxton's Motion for Extension of Discovery and PTO Deadlines #140 is GRANTED in part and DENIED in part. Pursuant to that motion and the parties' email request, the court sets the following deadlines: The deadline for FamilyCare's response to OHA's motion for summary judgment #149 is extended to 8/24/18. The hearing on that motion #149 remains set for 9/21/18 at 9am. The deadline for FamilyCare to file a dispositive motion is 8/24/18, with oral argument set for 10/22/18 at 2pm. The deadline for Ms. Saxton's response to discovery requests is 8/29/18. The deadline for Ms. Saxton to file a dispositive motion is 9/20/18 with oral argument set for 11/2/18 at 2pm. Ms. Saxton's discovery cut off is 9/20/18. For reasons stated on the record, FamilyCare's Motion for Reconsideration #108 is GRANTED in part and DENIED in part. It is granted as to FamilyCare's request that I reconsider my ruling, but it is denied in that I decline to alter my prior order dismissing FamilyCare's tenth claim with prejudice. FamilyCare's Motion to Compel De-Designation of Optumas Documents #120 is GRANTED in part and DENIED in part. It is DENIED except, as was conceded, that the AEO designations of the documents that were the subject of the motion should be designated confidential. OHA's Motion to Amend/Correct the Protective Orders #137 is GRANTED in part and DENIED in part. It is GRANTED as to the Optumas documents based on Optumas's concession but DENIED as to the FamilyCare documents. Based on the parties' email notification to the court, OHA's Motion for Protective Order #143 is DENIED AS MOOT. Stephen English, Matthew Gordon, Thomas Johnson present as counsel for plaintiff(s). Matthew Levin, Brittany Simpson, Peter Mersereau, Kevin O'Malley present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (kms)
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Filing 182
Declaration of Matthew A. Levin in Support of Oregon Health Authority's Motion to Compel Production of Database. Filed by Oregon Health Authority. (Related document(s): Motion to compel #180 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Salerno Owens, Laura)
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Filing 181
Declaration of Annie Hallum in Support of Oregon Health Authority's Motion to Compel Production of Database. Filed by Oregon Health Authority. (Related document(s): Motion to compel #180 .) (Salerno Owens, Laura)
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Filing 180
Motion to Compel Production of Database. Oral Argument requested. Filed by Oregon Health Authority. (Salerno Owens, Laura)
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Filing 179
Notification of CM/ECF Account for Kevin E. O'Malley (Pro Hac Vice admission). Your login is: keomalley. Go to #the CM/ECF login page to set your password. (ecp)
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Filing 178
ORDER: Granting Application for Special Admission Pro Hac Vice of Kevin E. O'Malley for Schramm Health Partners, LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5495076 issued. Signed on 7/31/2018 by Judge Michael W. Mosman. (ecp)
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Filing 177
Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim First Counterclaim #130 . Filed by Patrick Allen, Oregon Health Authority. (Levin, Matthew)
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Filing 176
Notice of Association of Attorney Peter R. Mersereau,Beth Plass for Lynne Saxton. Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 175
Declaration of Matthew P. Gordon ISO FamilyCare, Inc.'s Opposition to Oregon Health Authority's Motion for Protective Order. Filed by FamilyCare Inc.. (Related document(s): Motion for Protective Order #143 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (English, Stephen)
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Filing 174
Response in Opposition to Oregon Health Authority's to Motion for Protective Order re FamilyCare's Notice of Videotaped Deposition of Oregon Health Authority #143 . Filed by FamilyCare Inc.. (English, Stephen)
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Filing 173
Declaration of Thomas R. Johnson ISO FamilyCare, Inc.'s Opposition to Defendant Lynne Saxton's Motion for Extension of Case Management and Discovery Deadlines. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #172 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (English, Stephen)
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Filing 172
Response in Opposition to Defendant Lynne Saxton's to Motion for Extension of Discovery & PTO Deadlines #140 . Filed by FamilyCare Inc.. (English, Stephen)
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Filing 171
Declaration of Brian Samuelson ISO FamilyCare, Inc.'s Opposition to Oregon Health Authority's Motion to Amend Protective Orders. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion #170 .) (Attachments: #1 Exhibit 1) (Samuelson, Brian)
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Filing 170
Response in Opposition to Oregon Health Authority's to Motion to Amend/Correct Protective Orders #137 . Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 169
Clerk's Notice of Docket Correction regarding #166 Motion to Appear Pro Hac Vice. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. The last two pages of the pdf document were missing. (cw)
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Filing 168
Notice of Appearance of Katherine M. Acosta appearing on behalf of Patrick Allen, Oregon Health Authority Filed by on behalf of Patrick Allen, Oregon Health Authority. (Acosta, Katherine)
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Filing 167
Notice of Appearance of Anna Marie Joyce appearing on behalf of Patrick Allen, Oregon Health Authority Filed by on behalf of Patrick Allen, Oregon Health Authority. (Joyce, Anna)
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Filing 166
Motion for Leave to Appear Pro Hac Vice for Attorney Kevin E. O'Malley . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5495076. Filed by Schramm Health Partners, LLC. (Montalbano, Sonia) (Main Document 166 replaced on 7/26/2018) (cw).
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Filing 165
Scheduling Order by Judge Michael W. Mosman regarding Motion for Reconsideration #108 Motion to Compel De-Designation of Optumas Documents #120 Motion to Amend/Correct Protective Orders #137 Motion for Extension of Discovery and PTO Deadlines #140 Motion for Protective Order #143 And related scheduling matters. Oral Argument is set for 7/31/2018 at 01:00PM-3:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. Ordered by Judge Michael W. Mosman. (kms)
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Filing 164
Clerk's Notice of Docket Correction regarding #163 Declaration, #162 Response to Motion. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. The original certificates or service were incorrect and have been replaced. (cw)
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Filing 163
Declaration of Steven Schramm . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Schramm Health Partners, LLC. (Related document(s): Response to Motion, #162 .) (Attachments: #1 Exhibit A) (Leonard, Joel) (Main Document 163 replaced on 7/24/2018) (cw).
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Filing 162
Response to Motion to Compel (DOCUMENT FILED UNDER SEAL) #120 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Schramm Health Partners, LLC. (Leonard, Joel) (Main Document 162 replaced on 7/24/2018) (cw).
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Filing 161
Declaration of Renee R. Stineman . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Summary Judgment #149 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit) (Wilson, Harry)
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Filing 160
Exhibits Exhibit 19 - Under Seal re Motion for Summary Judgment #149 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 159
Exhibits Exhibit List - Part 6 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit Exhibit 26, #2 Exhibit Exhibit 27, #3 Exhibit Exhibit 28, #4 Exhibit Exhibit 29, #5 Exhibit Exhibit 30) (Wilson, Harry)
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Filing 158
Exhibits Exhibit List - Part 5 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit Exhibit 24, #2 Exhibit Exhibit 25) (Wilson, Harry)
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Filing 157
Exhibits Exhibit List - Part 4 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit Exhibit 13, #2 Exhibit Exhibit 14, #3 Exhibit Exhibit 15, #4 Exhibit Exhibit 16, #5 Exhibit Exhibit 17, #6 Exhibit Exhibit 18, #7 Exhibit Exhibit 19, #8 Exhibit Exhibit 20, #9 Exhibit Exhibit 21, #10 Exhibit Exhibit 22, #11 Exhibit Exhibit 23) (Wilson, Harry)
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Filing 156
Exhibits Exhibit List - Part 3 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit Exhibit 5, #2 Exhibit Exhibit 6, #3 Exhibit Exhibit 7, #4 Exhibit Exhibit 8, #5 Exhibit Exhibit 9, #6 Exhibit Exhibit 10, #7 Exhibit Exhibit 11, #8 Exhibit Exhibit 12) (Wilson, Harry)
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Filing 155
Exhibits Exhibit List - Part 2 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit Exhibit 2, Part 2, #2 Exhibit Exhibit 3, #3 Exhibit Exhibit 4) (Wilson, Harry)
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Filing 154
Exhibits Exhibit List - Part 1 re Motion for Summary Judgment #149 . Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit, #2 Exhibit Exhibit 2, Part 1) (Wilson, Harry)
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Filing 153
Request For Judicial Notice. Filed by Patrick Allen, Oregon Health Authority. (Attachments: #1 Exhibit) (Wilson, Harry)
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Filing 152
Declaration of Laura Robison . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Summary Judgment #149 .) (Attachments: #1 Exhibit, #2 Exhibit) (Wilson, Harry)
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Filing 151
Declaration of Carla Scott . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Summary Judgment #149 .) (Wilson, Harry)
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Filing 150
Declaration of Patrick Allen . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Summary Judgment #149 .) (Wilson, Harry)
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Filing 149
Motion for Summary Judgment . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 148
Exhibits 2 re Declaration #147 . (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 147
Declaration of Brittany M. Simpson . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to compel #145 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Wilson, Harry)
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Filing 146
Declaration of Serena Morones . Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to compel #145 .) (Wilson, Harry)
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Filing 145
Motion to Compel Production of General Ledger. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 144
Declaration of Laura Salerno Owens . Filed by Oregon Health Authority. (Related document(s): Motion for Protective Order #143 .) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Wilson, Harry)
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Filing 143
Motion for Protective Order re FamilyCare's Notice of Videotaped Deposition of Oregon Health Authority. Oral Argument requested.Expedited Hearing requested. Filed by Oregon Health Authority. (Wilson, Harry)
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Filing 142
ORDER: OHA's Unopposed Motion for Leave to File Motion to Compel Under Seal #134 , Unopposed Motion for Leave to File Excess Pages #136 , and Motion for Leave to File Motion for Summary Judgment Under Seal #139 are GRANTED. Ordered by Judge Michael W. Mosman. (kms)
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Filing 141
Declaration of Peter R. Mersereau in Support of Motions for Extension of Case Management and Discovery Deadlines. Filed by Lynne Saxton. (Related document(s): Motion for Extension of Discovery & PTO Deadlines #140 .) (Mersereau, Peter)
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Filing 140
Motion for Extension of Discovery & PTO Deadlines . Oral Argument requested. Filed by Lynne Saxton. (Mersereau, Peter)
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Filing 139
Unopposed Motion for Leave to File Motion for Summary Judgment Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Salerno Owens, Laura)
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Filing 138
Declaration of Harry B. Wilson in Support of Motion to Amend Protective Orders. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to Amend/Correct #137 .) (Attachments: #1 Exhibit, #2 Exhibit) (Wilson, Harry)
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Filing 137
Motion to Amend/Correct Protective Orders. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 136
Unopposed Motion to File Excess Pages re Motion for Summary Judgment. Filed by Patrick Allen, Oregon Health Authority. (Salerno Owens, Laura)
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Filing 135
ORDER: GRANTING DEFENDANTS OREGON HEALTH AUTHORITY AND PATRICK ALLEN'S UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL #131 . Signed on 7/18/2018 by Judge Michael W. Mosman. (kms)
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Filing 134
Unopposed Motion for Leave to File Motion to Compel Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 133
Declaration of Laura F. Segal in Support of FamilyCare, Inc.'s Motion to Dismiss Oregon Health Authority's First Counterclaim. Filed by FamilyCare Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim #130 .) (Attachments: #1 Exhibit A) (English, Stephen)
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Filing 132
Proposed Form of Order Submitted Granting Motion for Leave to File Documents Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 131
Unopposed Motion for Leave to File Documents Under Seal. Filed by Patrick Allen, Oregon Health Authority. (Wilson, Harry)
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Filing 130
Motion to Dismiss for Failure to State a Claim First Counterclaim. Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 129
Amended Trial Management Order. See order attached. 1st Pretrial Conference is set for 11/30/2018 at 02:00PM-4:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. 2nd Pretrial Conference is set for 1/4/2019 at 10:00AM-12:00PM in Portland Courtroom 16 before Judge Michael W. Mosman. 13 Day Jury Trial is set for 1/15/2019 at 09:00AM in Portland Courtroom 16 before Judge Michael W. Mosman. Signed on 7/12/2018 by Judge Michael W. Mosman. (kms)
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Filing 128
Reply in Support to Motion for Reconsideration of Opinion and Order,,, (106 in 3:18-cv-00212-MO, 105 in 6:18-cv-00296-MO) #108 Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 127
ORDER: GRANTING the parties' email request to set a Response to Motion to Compel. Response is due by 7/23/2018, regarding Motion to Compel (DOCUMENT FILED UNDER SEAL) #120 . Ordered by Judge Michael W. Mosman. (dls) Modified on 7/10/2018 (dls).
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Filing 126
Response in Opposition to Motion to Dismiss for Failure to State a Claim Motion to Strike Amended Complaint(112 in 3:18-cv-00212-MO) #114 Oral Argument requested. Filed by FamilyCare Inc.. (English, Stephen)
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Filing 125
Notice of Appearance of Sonia A. Montalbano appearing on behalf of Schramm Health Partners, LLC Filed by on behalf of Schramm Health Partners, LLC. (Montalbano, Sonia)
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Filing 124
Order: Judgment has been entered in 18-cv-212, Allen v. FamilyCare. Going forward, the captions in briefing need only refer to 18-cv-296, FamilyCare v. OHA and 18-cv-296 should also be considered the "leading case" for docketing purposes. Ordered by Judge Michael W. Mosman. (dls)
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Filing 123
JUDGMENT IN CASE NO. 3:18-CV-00212-MO. Based upon the Opinion and Order of the Court 106 GRANTING FamilyCare's Motion to Dismiss #27 , IT IS ORDERED AND ADJUDGED that Allen v. FamilyCare, No. 3:18-cv-212 is DISMISSED with prejudice. Signed on 7/2/18 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (dls)
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Filing 118
Declaration of Harry B. Wilson in Support of Oregon Health Authority and Patrick Allen's Opposition to FamilyCare, Inc.'s Motion for Reconsideration of Order Granting in Part Oregon Health Authority's Motion to Dismiss. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion for Reconsideration(108 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit, #2 Exhibit)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 117
Response in Opposition to Motion for Reconsideration of Opinion and Order,,, (106 in 3:18-cv-00212-MO, 105 in 6:18-cv-00296-MO)(109 in 3:18-cv-00212-MO, 108 in 6:18-cv-00296-MO, 108 in 6:18-cv-00296-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 116
Waiver of Service of Summons Returned Executed by Lynne Saxton waiver sent on 6/21/2018. Filed by FamilyCare Inc.. (Samuelson, Brian)
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Filing 115
Answer to (112 in 3:18-cv-00212-MO) Fourth Amended Complaint, Counterclaim FamilyCare Inc. Filed by Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (km)
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Filing 122
Exhibits 1-2 re Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Motion to Compel De-Designation of Optumas Documents. (121 in 6:18-cv-00296-MO) Part of this filing includes a conventionally filed USB Flash Drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF., (DOCUMENT FILED UNDER SEAL). Filed by FamilyCare Inc.. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (joha)
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Filing 121
Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Motion to Compel De-Designation of Optumas Documents. Filed by FamilyCare Inc.. (Related document(s): Motion to Compel (DOCUMENT FILED UNDER SEAL)(120 in 6:18-cv-00296-MO, 120 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibits 3-5)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (joha)
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Filing 120
Motion to Compel De-Designation of Optumas Documents. (DOCUMENT FILED UNDER SEAL). Filed by FamilyCare Inc.. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (joha)
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Filing 119
ORDER GRANTING FAMILY CARE'S UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL. Signed on 6/25/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (joha)
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Filing 114
Motion to Dismiss for Failure to State a Claim , Motion to Strike Amended Complaint(112 in 3:18-cv-00212-MO). Oral Argument requested. Filed by Patrick Allen.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 113
Unopposed Motion for Leave to File Documents Under Seal. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 112
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on April 6, 2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/29/2018. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Shumway, Bonita)
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Filing 111
Fourth Amended Complaint . Filed by FamilyCare Inc. against Patrick Allen, Oregon Health Authority, Lynne Saxton. (English, Stephen)
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Filing 110
ORDER: FamilyCare's Motion for Leave to Amend the Complaint #85 is GRANTED. OHA's Motion for Extension of Time #108 is GRANTED. The deadline for OHA to respond to FamilyCare's Amended Complaint is extended to 6/25/18. Ordered by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 109
Declaration of Nicholas H. Hesterberg in Support of. Filed by FamilyCare Inc.. (Related document(s): Motion for Reconsideration(108 in 6:18-cv-00296-MO, 109 in 3:18-cv-00212-MO).) (Attachments: #1 Exhibit 1-Part 1 of 2, #2 Exhibit 1-Part 2 of 2, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 108
Motion for Reconsideration of Opinion and Order,,, (106 in 3:18-cv-00212-MO, 105 in 6:18-cv-00296-MO). Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 107
Motion for Extension of Time to Answer Plaintiff's Third Amended Complaint. Filed by Oregon Health Authority, Patrick Allen.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 106
Scheduling Order by Judge Michael W. Mosman.Pursuant to the parties' email request on 6/1/18, the deadline for discovery is extended from 6/29/18 to 7/31/18. The deadline for expert reports is extended from 8/31/18 to 9/28/18. Other deadlines remain the same. Ordered by Judge Michael W. Mosman.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 105
OPINION AND ORDER: For the reasons stated, I GRANT OHA's motion to dismiss FamilyCare's claims for damages against Director Allen in his individual capacity. Those claims are dismissed with prejudice. I GRANT in part OHA's motion, and dismiss with prejudice, claims 2, 3, and 5 to the extent those claims are based on OHA's failure to provide actuarially sound rates. I GRANT OHA's claim to dismiss claim 10 and dismiss that claim with prejudice. I otherwise DENY OHA's Motion to Dismiss #24 . I GRANT FamilyCare's motion to dismiss OHA's claim #27 . OHA's Complaint is dismissed with prejudice. I GRANT OHA's Motion to dismiss claim 6, and that claim is dismissed with prejudice. I otherwise DENY OHA's Motion to Dismiss #79 . Signed on 6/1/2018 by Judge Michael W. Mosman.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 104
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on April 26, 2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 6/7/2018. Redaction Request due 6/21/2018. Redacted Transcript Deadline set for 7/2/2018. Release of Transcript Restriction set for 8/29/2018. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Shumway, Bonita)
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Filing 103
Joint Status Report Letter to Judge Mosman. Filed by FamilyCare Inc.. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Brenner, Alletta)
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Filing 102
Objection(s) to Subpoena Served by FamilyCare, Inc.. Filed by United States of America.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Gowie, Renata)
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Filing 101
Notification of CM/ECF Account for Vivek A. Kothari (Pro Hac Vice admission). Your login is: vakothari. Go to #the CM/ECF login page to set your password. (jtj)
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Filing 100
ORDER: Granting Application for Special Admission Pro Hac Vice of Vivek A. Kothari for Patrick Allen, Oregon Health Authority. Application Fee in amount of $300 collected. Receipt No. 0979-5421155 issued. Signed on 5/23/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (jtj)
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Filing 99
Declaration of Brian Samuelson in Support of Motion for Leave to File Fourth Amended Complaint. Filed by FamilyCare Inc.. (Related document(s): Reply to Motion(99 in 3:18-cv-00212-MO, 98 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 98
Reply Brief in Support of to Motion For Leave to File Fourth Amended Complaint(85 in 3:18-cv-00212-MO, 85 in 6:18-cv-00296-MO). Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 97
Motion for Leave to Appear Pro Hac Vice for Attorney Vivek A. Kothari . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5421155. Filed by Patrick Allen.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 96
ORDER: in case 3:18-cv-00212-MO; Granting Application for Special Admission Pro Hac Vice of Amanda J. Beane for FamilyCare Inc. Application Fee in amount of $300 collected. Receipt No. 0979-5415086 Signed on 5/21/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (ecp)
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Filing 95
Motion for Leave to Appear Pro Hac Vice for Attorney Amanda J. Beane . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5415086. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Johnson, Thomas)
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Filing 94
ORDER: Granting Application for Special Admission Pro Hac Vice of Nicholas H. Hesterberg for FamilyCare Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5409900. Signed on 5/14/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (ecp)
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Filing 93
Motion for Leave to Appear Pro Hac Vice for Attorney Nicholas H. Hesterberg . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5409900. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Johnson, Thomas)
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Filing 92
Declaration of Harry B. Wilson in Support of Patrick Allen and Oregon Health Authority's Opposition to Motion for Leave to File Fourth Amended Complaint. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion, (91 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 91
Response in Opposition to Motion For Leave to File Fourth Amended Complaint(85 in 6:18-cv-00296-MO, 85 in 6:18-cv-00296-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 90
Objection(s) and Responses to Subpoena Served by Patrick Allen and Oregon Health Authority. Filed by Asian Health and Service Center.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Whipple, B.)
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Filing 89
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 4/20/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 5/15/2018. Redaction Request due 5/29/2018. Redacted Transcript Deadline set for 6/8/2018. Release of Transcript Restriction set for 8/6/2018. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Shumway, Bonita)
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Filing 88
Notice of Change of Address. Filed by Willamette Valley Community Health, LLC.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Olson, Arden)
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Filing 87
Objection(s) of Non-Party Moda Health Plan, Inc. to Subpoena of Oregon Health Authority and Patrick Allen. Filed by MODA Health Plan, Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Langfitt, Frank)
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Filing 86
MINUTES of Proceedings: Telephone Status Conference held. The parties are to submit a status report on the progress of the de-designation procedures by 5/25/18. Stephen English, Alletta Brenner, Douglas Pahl, Matthew Gordon, Brian Samuelson present as counsel for plaintiff(s). Matthew Levin, Elleanor Chin, Carla Scott present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 85
Motion For Leave to File Fourth Amended Complaint. Filed by FamilyCare Inc.. (Attachments: #1 Exhibit 1)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 84
MINUTES of Proceedings: Oral Argument held regarding Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction, (21 in 6:18-cv-00296-MO, 24 in 3:18-cv-00212-MO), Motion to Dismiss(27 in 3:18-cv-00212-MO, 24 in 6:18-cv-00296-MO), Motion to Dismiss for Failure to State a Claim(79 in 3:18-cv-00212-MO, 79 in 6:18-cv-00296-MO). Motions taken under advisement. Stephen English, Alletta Brenner, Matthew Gordon, Brian Sameulson present as counsel for plaintiff(s). David Markowitz, Matthew Levin, Carla Scott present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 83
Reply Plaintiff FamilyCare, Inc.'s Reply in Support of Motion to Dismiss to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1(27 in 3:18-cv-00212-MO, 24 in 6:18-cv-00296-MO). Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 82
Declaration of Harry B.Wilson In Support of Patrick Allen and Oregon Health Authority's Reply in Support of Motion to Dismiss. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Reply to Motion, (81 in 3:18-cv-00212-MO, 81 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 81
Reply to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction (21 in 6:18-cv-00296-MO, 21 in 6:18-cv-00296-MO, 24 in 3:18-cv-00212-MO, 24 in 3:18-cv-00212-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 80
Reply to Motion to Dismiss for Failure to State a Claim Responding to Third Amended Complaint(79 in 3:18-cv-00212-MO, 79 in 6:18-cv-00296-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 79
Motion to Dismiss for Failure to State a Claim Responding to Third Amended Complaint. Oral Argument requested. Filed by Oregon Health Authority, Patrick Allen.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 78
Response to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction (24 in 3:18-cv-00212-MO, 21 in 6:18-cv-00296-MO) Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 77
MINUTES of Proceedings: Oral Argument held. See attached Civil Minutes. As stated on the record, the parties are to file revised briefing on Defendant Oregon Health Authority's state Motions to Dismiss by 4/11/18. Telephone Status Hearing is set for 4/26/2018 at 10:30AM in Portland by telephone before Judge Michael W. Mosman. The parties are to call the conference line. Stephen English, Alletta Brenner, Douglas Pahl, Thomas Johnson present as counsel for plaintiff(s). Matthew Levin, Brittany Simpson, David Markowitz present as counsel for defendant(s).(Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO(kms)
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Filing 76
Declaration of Harry B. Wilson In Support of Oregon Health Authority's Opposition to FamilyCare's Motion for Protective Order. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion, (74 in 6:18-cv-00296-MO, 74 in 3:18-cv-00212-MO).) (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)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 75
Declaration of Renee R. Stineman In Support of Oregon Health Authority's Opposition to FamilyCare's Motion for Protective Order. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion, (74 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 74
Response in Opposition to Motion for Protective Order (31 in 6:18-cv-00296-MO, 34 in 3:18-cv-00212-MO, 31 in 6:18-cv-00296-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 73
Notice of Appearance of Brittany M. Simpson appearing on behalf of Patrick Allen, Oregon Health Authority Filed by on behalf of Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Simpson, Brittany)
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Filing 72
Notice of Appearance of Harry B. Wilson appearing on behalf of Patrick Allen, Oregon Health Authority Filed by on behalf of Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 71
Declaration of Brian M. Parrott in Support of Non-Party PrimaryHealth of Josephine County, LLC's Response to FamilyCare, Inc.'s Motion to Compel De-Designation of AEO and Confidential Documents). Filed by PrimaryHealth of Josephine County, LLC. (Related document(s): Response to Motion,, (70 in 6:18-cv-00296-MO, 70 in 3:18-cv-00212-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Parrott, Brian)
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Filing 70
Response (filed as Non-Party PrimaryHealth of Josephine County, LLC's Response to FamilyCare, Inc.'s Motion to Compel De-Designation of AEO and Confidential Documents) to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO). Filed by PrimaryHealth of Josephine County, LLC.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Parrott, Brian)
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Filing 69
Declaration of Anna Sortun . Filed by Cascade Health Alliance, LLC, Umpqua Health Alliance, Western Oregon Advanced Health, LLC. (Related document(s): Response to Motion, (68 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Sortun, Anna)
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Filing 68
Response to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO). Filed by Cascade Health Alliance, LLC, Umpqua Health Alliance, Western Oregon Advanced Health, LLC.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Sortun, Anna)
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Filing 67
Response to Motion to Compel Production of Documents(19 in 3:18-cv-00212-MO, 16 in 6:18-cv-00296-MO). Filed by Intercommunity Health Network - Coordinated Care Organization.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Stoloff, Peter)
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Filing 66
Response to Motion to Compel Production of Documents(19 in 3:18-cv-00212-MO, 16 in 6:18-cv-00296-MO). Filed by Yamhill Community Care Organization.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Stoloff, Peter)
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Filing 65
Declaration of Brandie Whitmire in Support of Trillium's Response to FamilyCare's Motion for De-Designation. Filed by Trillium Community Health Plan, Inc.. (Related document(s): Response to Discovery Motion,, (61 in 3:18-cv-00212-MO, 61 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit B)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Hern, Jeffrey)
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Filing 64
Declaration of David A. Neiman . Filed by Health Share of Oregon. (Related document(s): Response to Motion, (59 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Chaimov, Gregory)
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Filing 63
Declaration of Jeffrey Hern in Support of Trillium's Response to FamilyCare's Motion for De-Designation. Filed by Trillium Community Health Plan, Inc.. (Related document(s): Response to Discovery Motion,, (61 in 3:18-cv-00212-MO, 61 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibits A-E)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Hern, Jeffrey)
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Filing 62
Declaration of Larry Soderberg . Filed by Health Share of Oregon. (Related document(s): Response to Motion, (59 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit Exhibit 1)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Chaimov, Gregory)
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Filing 61
Response Intervenor Trillium's Response to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO) Oral Argument requested. Filed by Trillium Community Health Plan, Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Hern, Jeffrey)
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Filing 60
Declaration of Gregory A. Chaimov . Filed by Health Share of Oregon. (Related document(s): Response to Motion, (59 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Chaimov, Gregory)
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Filing 59
Response to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO). Filed by Health Share of Oregon.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Chaimov, Gregory)
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Filing 58
Declaration of Matthew A. Levin In Support of Opposition to Omnibus Discovery Motions. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Response in Opposition to Motion,, (57 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 57
Response in Opposition to Omnibus Discovery Motions-- to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(27 in 6:18-cv-00296-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO). Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 56
Corporate Disclosure Statement . Filed by PacificSource Community Solutions. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Lindenauer, Eric)
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Filing 55
Declaration of Frank V. Langfitt In Support of Opposition to FamilyCare's Omnibus Motions. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Discovery Motion, #52 .) (Attachments: #1 Exhibit 1 -Order Granting Intervention, #2 Exhibit 2 - Notice of Appearance, #3 Exhibit 3 - Protective Order, #4 Exhibit 4 - 10-25-17 Letter, #5 Exhibit 5 - 03-06-18 Letter, #6 Exhibit 6 - 03-15-18 Letter) (Langfitt, Frank)
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Filing 54
Declaration of Daniel P. Larsen in Support of CPCs and JCCs Response to FamilyCare's Omnibus Discovery Motions. Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Related document(s): Response to Discovery Motion,, (53 in 3:18-cv-00212-MO, 50 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Larsen, Daniel)
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Filing 53
Declaration of Mark Danburg-Wyld In Support of Opposition to FamilyCare's Omnibus Motions. Filed by Eastern Oregon Coordinated Care Organization, LLC. (Related document(s): Response to Discovery Motion, #52 .) (Langfitt, Frank)
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Filing 52
Response in Opposition to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged #27 . Filed by Eastern Oregon Coordinated Care Organization, LLC. (Langfitt, Frank)
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Filing 51
Declaration of Erin Fair Taylor in Support of CPCs and JCCs Response to FamilyCare's Omnibus Discovery Motions. Filed by Columbia Pacific CCO, LLC, Jackson Care Connect. (Related document(s): Response to Discovery Motion,, (53 in 3:18-cv-00212-MO, 50 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Larsen, Daniel)
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Filing 50
Response of Columbia Pacific CCO and Jackson Care Connect to FamilyCare's Omnibus Discovery Motions to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO). Filed by Columbia Pacific CCO, LLC, Jackson Care Connect.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Larsen, Daniel)
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Filing 49
Clerk's Notice of Docket Correction regarding (35 in 6:18-cv-00296-MO, 38 in 3:18-cv-00212-MO) Exhibit 1 to the Declaration of Matthew J. Mertens. The PDF attached to this entry as Exhibit 1 at filing was incorrect. The document was incorrectly formatted, and some rows were not correctly colored. A corrected PDF has been uploaded and has replaced the incorrect attachment. The Notice of Electronic Filing will be regenerated to all parties. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (eo)
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Filing 48
Declaration of Lorelei Craig . Filed by Willamette Valley Community Health, LLC. (Related document(s): Response to Discovery Motion,, (47 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit 1, 2 and 3)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Olson, Arden)
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Filing 47
Response to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO). Filed by Willamette Valley Community Health, LLC.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Olson, Arden)
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Filing 46
Motion to File Excess Pages re Motion for Leave, Motion for Order, Motion to compel,,, (30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO). Filed by Health Share of Oregon.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Chaimov, Gregory)
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Filing 45
Declaration of Elizabeth C. Knight in Support of Nonparty AllCare CCO, Inc.'s Response to FamilyCare, Inc.'s Omnibus Discovery Motions. Filed by AllCare CCO, Inc.. (Related document(s): Response to Motion,, (44 in 6:18-cv-00296-MO, 47 in 3:18-cv-00212-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Knight, Elizabeth)
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Filing 44
Response (filed as Nonparty Allcare COO, Inc.'s Response to FamilyCare, Inc.'s Omnibus Discovery Motions) to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 27 in 6:18-cv-00296-MO). Filed by AllCare CCO, Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Knight, Elizabeth)
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Filing 43
Declaration of Eric A. Lindenauer Supporting PacificSource Community Solutions' Response to FamilyCare's Motion. Filed by PacificSource Community Solutions. (Related document(s): Response to Discovery Motion,, (44 in 3:18-cv-00212-MO, 41 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Lindenauer, Eric)
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Filing 42
Declaration of Julie Farrow Supporting PacificSource Community Solutions' Response to FamilyCare, Inc.'s Motion to De-Designate AEO and Confidential Documents. Filed by PacificSource Community Solutions. (Related document(s): Response to Discovery Motion,, (44 in 3:18-cv-00212-MO, 41 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Lindenauer, Eric)
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Filing 41
Response FamilyCare, Inc.'s Motion to De-Designate AEO and Confidential Documents to Motion for Leave to conduct additional depositions Motion for Order for setting date certain for discovery compliance Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged(30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO, 30 in 3:18-cv-00212-MO). Filed by PacificSource Community Solutions.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Lindenauer, Eric)
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Filing 40
Declaration of Brian P. Samuelson in Support of Plaintiff FamilyCare, Inc.'s Response in Opposition to Defendants' Motions to Dismiss. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion, (39 in 6:18-cv-00296-MO, 42 in 3:18-cv-00212-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 39
Response in Opposition to Defendants' Motions to Dismiss to Motion to Dismiss for Failure to State a Claim Motion to Dismiss for Lack of Jurisdiction (24 in 3:18-cv-00212-MO, 21 in 6:18-cv-00296-MO, 21 in 6:18-cv-00296-MO, 21 in 6:18-cv-00296-MO, 24 in 3:18-cv-00212-MO, 24 in 3:18-cv-00212-MO) Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 38
Response in Opposition to FamilyCare, Inc.'s Motion to Dismiss to Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1(24 in 6:18-cv-00296-MO, 24 in 6:18-cv-00296-MO). Filed by Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 37
ORDER: Oregon Health Authority's Motion for Leave to File Memorandum in Excess of Page Limit #39 is GRANTED. Ordered by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 36
Motion to File Excess Pages . Filed by Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Wilson, Harry)
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Filing 35
Declaration of Matthew J. Mertens in Support of FamilyCare, Inc.'s Responses to Oregon Health Authority's Motions to Compel Production of Documents. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion, (36 in 3:18-cv-00212-MO, 33 in 6:18-cv-00296-MO), Response(35 in 3:18-cv-00212-MO, 32 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen) (Attachment 1 replaced on 3/30/2018) (eo).
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Filing 34
Declaration of William Murray in Support of FamilyCare, Inc.'s Response to Oregon Health Authority's Motion to Compel. Filed by FamilyCare Inc.. (Related document(s): Response in Opposition to Motion, (36 in 3:18-cv-00212-MO, 33 in 6:18-cv-00296-MO).)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 33
Response in Opposition to Oregon Health Authority's Motion to Compel Production of Documents (ECF 19) to Motion to Compel Production of Documents(19 in 3:18-cv-00212-MO, 16 in 6:18-cv-00296-MO, 19 in 3:18-cv-00212-MO, 16 in 6:18-cv-00296-MO) Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 32
Response to Oregon Health Authority's Motion to Compel Production of Documents (ECF 17). Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 31
Motion for Protective Order . Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Pahl, Douglas)
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Filing 30
ORDER: FamilyCare Inc.'s Unopposed Motionfor Leave to File Memorandum in Excess of Page Limit and File Documents Under Seal #26 is GRANTED. Ordered by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (dls)
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Filing 29
Declaration of Alletta S. Brenner in Support of FamilyCare, Inc.'s Discovery Motions. Filed by FamilyCare Inc.. (Related document(s): Motion for Leave, Motion for Order, Motion to compel,,, (27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 Pt. 1, #15 Exhibit 14 Pt. 2, #16 Exhibit 14 Pt. 3, #17 Exhibit 15, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 28
Declaration of William Murray. Filed by FamilyCare Inc.. (Related document(s): Motion for Leave, Motion for Order, Motion to compel,,, (27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO, 27 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit A, #2 Exhibit B)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 27
Motion for Leave to conduct additional depositions, Motion for Order for setting date certain for discovery compliance, Motion to Compel de-designation of AEO and Confidential documents and to compel production of documents withheld as privileged. Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 26
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Rule 16 Conference held on 3/1/2018 before Chief Judge Michael W. Mosman, Court Reporter Bonita J. Shumway, telephone number 503-326-8188 or bonita_shumway@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/23/2018. Redaction Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018. Release of Transcript Restriction set for 6/14/2018. (Shumway, Bonita)
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Filing 25
Corporate Disclosure Statement . Filed by FamilyCare Inc.. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 24
Motion to Dismiss Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Oral Argument requested. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 23
Unopposed Motion for Leave to File Memorandum in Excess of Page Limit and File Documents Under Seal. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (English, Stephen)
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Filing 22
Declaration of Harry B. Wilson In Support of Patrick Allen and Oregon Health Authority's Motions to Dismiss. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction,, (21 in 6:18-cv-00296-MO, 21 in 6:18-cv-00296-MO).) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 21
Motion to Dismiss for Failure to State a Claim , Motion to Dismiss for Lack of Jurisdiction . Oral Argument requested. Filed by Oregon Health Authority, Patrick Allen.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 20
ORDER: Granting Motion for Leave to file documents under seal (21) in case 3:18-cv-00212-MO; Granting Motion for Leave to file documents under seal(18) in case 6:18-cv-00296-MO. Signed on 3/15/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 19
Proposed Form of Order Submitted Granting Motion for Leave to File Documents Under Seal. Filed by Patrick Allen, Oregon Health Authority. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 18
Unopposed Motion for Leave to File Documents Under Seal. Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)
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Filing 17
Declaration of Brittany M. Simpson in Support of Motion to Compel Production of Documents. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to compel(16 in 6:18-cv-00296-MO).) (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)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew)(Modified on 3/14/2018-exhibit 1, 2, 7, and 13 sealed per party request. Motion to seal exhibit to be filed) (kms).
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Filing 16
Motion to Compel Production of Documents. Oral Argument requested. Filed by Patrick Allen, Oregon Health Authority.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew) Modified on 3/14/2018 (dls). Motion 19 sealed per party request. Motion to seal exhibit to be filed
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Filing 15
Declaration of Brittany M. Simpson in Support of Motion to Compel Production of Documents. Filed by Patrick Allen, Oregon Health Authority. (Related document(s): Motion to compel(14 in 6:18-cv-00296-MO).) (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)Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Levin, Matthew) (Modified on 3/14/2018-exhibit 1, 6, and 11 sealed per party request. Motion to seal exhibit to be filed) (kms).
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Filing 13
ORDER: Granting Application for Special Admission Pro Hac Vice of Matthew P. Gordon for FamilyCare Inc. Application Fee in amount of $300 collected. Receipt No. 0979-5318130 issued in case 3:18-cv-00212-MO and in case 6:18-cv-00296-MO. Signed on 3/8/2018 by Judge Michael W. Mosman. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (ecp)
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Filing 12
Motion for Leave to Appear Pro Hac Vice for Attorney Matthew P. Gordon . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5335542. Filed by FamilyCare Inc..Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (Johnson, Thomas)
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Filing 11
JERS Order. Signed on 3/2/2018 by Judge Michael W. Mosman.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (pg)
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Filing 10
Trial Management Order. Signed on 3/2/2018 by Judge Michael W. Mosman.Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (pg) Modified filed date on 3/5/2018. (kf)
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Filing 9
MINUTES of Proceedings: Rule 16 Conference held. Discovery hearing set for 4/6/18 at 10:00AM-11:00AM. Hearing on Motion(s) to Dismiss set for 4/20/18 at 11:00AM-12:00PM. Hearing on Motion(s) for Summary Judgment set for 9/21/18 at 9:00AM-11:30AM. Pretrial conference set for 1/7/19 at 1:00PM-4:00PM. 13 Day Jury Trial set for 1/15/19 at 9:00AM. See attached chart for other case deadlines. Trial Management Order to follow. Carla Scott, Laura Salerno Owens, Matthew Levin, Brittany Simpson present as counsel for plaintiff(s). Stephen English, Alletta Brenner, Brian Samuelson, Thomas Johnson present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Michael W. Mosman presiding. Associated Cases: 3:18-cv-00212-MO, 6:18-cv-00296-MO (kms)
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Filing 7
Notice of Case Reassignment: This case has been reassigned from Judge Ann L. Aiken to Judge Michael W. Mosman. (eo)
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Filing 8
MINUTES of Proceedings: Status Conference Held. Order GRANTING Motion to Consolidate #4 . The parties to submit a case schedule to Chamber_Mosman@ord.uscourts.gov. Rule 16 Conference is set for 3/1/2018 at 09:30AM in Portland Courtroom 16 before Judge Michael W. Mosman. Carla Scott and Laura R. Salerno Owens, counsel for Oregon Health Authority et al. Stephen F. English, Alletta S. Brenner, Brian P. Samuelson, Thomas R. Johnson and Matthew A. Levin present as counsel for Family-Care, Inc. (Court Reporter Bonita Shumway.)Judge Michael W. Mosman presiding. (dls)
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Filing 6
ORDER: Granting Motion for Extension of Time to Answer #5 . Answer is due by 3/15/2018. Ordered by Judge Ann L. Aiken. (ck)
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Filing 5
Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Third Amended Complaint. Filed by All Defendants. (Salerno Owens, Laura)
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Filing 4
Joint Motion to Consolidate Related Matters. Filed by All Defendants. (Salerno Owens, Laura)
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Filing 3
Scheduling Order by Judge Michael W. Mosman. Status Conference is set for 2/26/2018 at 02:30PM in Portland Courtroom 16 before Judge Michael W. Mosman regarding consolidating with case 3:18cv00212-MO. Ordered by Judge Michael W. Mosman. (kms)
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Filing 2
Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 6/18/2018. Joint Alternate Dispute Resolution Report is due by 7/16/2018. Pretrial Order is due by 7/16/2018. Ordered by Judge Ann L. Aiken. (kf)
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Filing 1
Notice of Removal of Case Number 17CV09226 from Marion County Circuit Court. Filing Fee in amount of $400 collected. Agency Tracking ID: 0979-5314439 issued.. Filed by Oregon Health Authority, Patrick Allen (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet). (Levin, Matthew)
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