PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC et al v. AETNA HEALTH INC. et al
| PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC D/B/A LOWER BUCKS HOSPITAL, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC D/B/A SUBURBAN COMMUNITY HOSPITAL, PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC doing business as LOWER BUCKS HOSPITAL, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC doing business as ROXBOROUGH MEMORIAL HOSPITAL and PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC doing business as SUBURBAN COMMUNITY HOSPITAL |
| AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY, AETNA BETTER HEALTH INC. and DOES 1 THROUGH 10 |
| 2:2023cv00214 |
| January 18, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MICHAEL M BAYLSON |
| Contract: Insurance |
| 28 U.S.C. § 1441 Notice of Removal- Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 STATUS REPORT (Joint) by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. (CORNWELL, DOROTHY) |
| Filing 36 JOINT STATUS REPORT ORDER Status Report due by 9/15/2023. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/7/23. 9/7/23 ENTERED AND COPIES E-MAILED.(bw) |
| Filing 35 STATUS REPORT (JOINT) by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. (CORNWELL, DOROTHY) |
Filing 34
ORDER THAT ALL PROCEEDINGS ARE STAYED UNTIL FURTHER ORDER OF THE COURT; THE CASE SHALL BE TRANSFERRED TO THE CIVIL SUSPENSE FILE; THE CLERK OF THE COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES; THE COURT SHALL RETAIN JURISDICTION OVER THE CASE AND THE CASE SHALL BE RETURNED TO THE COURTS ACTIVE DOCKET IN 90 DAYS OR UPON FURTHER ORDER OF THE COURT; COUNSEL SHALL PROVIDE A WRITTEN STATUS REPORT TO THE COURT EVERY SIXTY (60) DAYS; AND THE ENTRY OF THIS ORDER SHALL NOT PREJUDICE THE RIGHTS OF THE PARTIES TO THIS LITIGATION. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/9/23. 8/9/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 33 STIPULATED PROTECTIVE ORDER: IT IS HEREBY STIPULATED AND AGREED BY PLAINTIFFS PRIME HEALTHCARE SERVICES PRIME HEALTHCARE SERVICES LOWER BUCKS, LLC D/B/A LOWER BUCKS HOSPITAL, PRIME HEALTHCARE SERVICES ROXBOROUGH, LLC D/B/A ROXBOROUGH MEMORIAL HOSPITAL, AND PRIME HEALTHCARE SERVICES SUBURBAN HOSPITAL, LLC D/B/A SUBURBAN COMMUNITY HOSPITAL (COLLECTIVELY, PLAINTIFFS) AND DEFENDANTS AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY, AND AETNA BETTER HEALTH, INC; AS OUTLINED HEREIN.. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/4/23. 8/4/23 ENTERED AND COPIES E-MAILED.(bw) |
| Filing 32 MOTION for Protective Order filed by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC.. (Attachments: #1 Text of Proposed Order)(CORNWELL, DOROTHY) |
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Filing 31
ORDER THAT BY JUNE 7, 2023, PLAINTIFFS WILL SERVE THE FINAL DISPUTED SPREADSHEET CONTAINING THECLAIMS WHERE THE FUNDING REMAINS IN DISPUTE (THE REMAINING CLAIMS). BY JUNE 30, 2023, THE PARTIES WILL SUBMIT AN AGREED QUALIFIED PROTECTIVE ORDER FOR ISSUANCE BY THE COURT. ON OR BEFORE AUGUST 8, 2023, DEFENDANTS WILL PROVIDE THE CORRESPONDING PLAN BOOKLETS FOR THE REMAINING CLAIMS. BY AUGUST 22, 2023, PLAINTIFFS WILL NOTIFY DEFENDANTS IF PLAINTIFFS STILL DISPUTE THAT THE REMAINING CLAIMS ARE ZPSI CLAIMS. BY SEPTEMBER 1, 2023, THE PARTIES WILL SUBMIT A FURTHER STATUS UPDATE TO THE COURT AFTER A FURTHER MEET AND CONFER, IF NECESSARY. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/5/23. 6/5/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 30 STATUS REPORT (JOINT) by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. (Attachments: #1 Text of Proposed Order Proposed Consent Order)(CORNWELL, DOROTHY) |
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Filing 29
ORDER THAT THE PARTIES STATUS REPORTS #27 & #28 , THE COURT WILL REQUIRE COUNSEL FOR THE PARTIES TO TRY ONCE AGAIN TO RESOLVE THESE DISPUTES ABOUT CERTAIN DOCUMENTS WHICH MAY BE NECESSARY TO DETERMINE WHETHER THIS COURT HAS JURISDICTION. THE COURT PERCEIVES THE ISSUE AS REQUIRING DETAILED EXAMINATION OF THE PARTIES RESPECTIVE RECORDS AND PRACTICES, AND BELIEVES THAT IN THE ABSENCE OF AN AGREEMENT, THE BEST RECOURSE MAY BE TO APPOINT A MASTER UNDER RULE 53, WITH BOTH PARTIES PAYING AN INITIAL RETAINER TOWARDS THE FEE OF THE EXPERT AND THEN POSSIBLY AWARDING THE PARTY SUCCEEDING IN ITS ARGUMENT THE RECOVERY OF THE FEES AND EXPENSES IT PAID THE MASTER. THE COURT WILL ALLOW THE PARTIES AN ADDITIONAL THIRTY (30) DAYS TO TRY TO RESOLVE THE DISPUTE AND TO SOLICIT COMMENTS ON THE SUGGESTION THAT A MASTER BE APPOINTED IF THERE IS NO AGREEMENT. IF EITHER PARTY OBJECTS, THE PARTIES SHOULD SPECIFY HOW THIS DISPUTE SHOULD BE RESOLVED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 5/3/23. 5/3/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 28 STATUS REPORT Regarding Information Exchange by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. (Attachments: #1 Exhibit A)(CORNWELL, DOROTHY) |
| Filing 27 STATUS REPORT by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY. (MCCOY, BENJAMIN) |
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Filing 26
ORDER THAT PLAINTIFFS MOTION TO REMAND AND ALL WRITTEN SUBMISSIONS AND ORAL ARGUMENT RELATED THERETO, IT IS ORDERED THAT THE PARTIES SHALL MEET AND CONFER TO COMPLETE WITHIN THIRTY (30) DAYS THE EXCHANGE OF INFORMATION REQUIRED TO DETERMINE WHICH CLAIMS, IF ANY, LISTED BY PLAINTIFF IN THE SPREADSHEET SENT TO DEFENDANT ON DECEMBER 19, 2022, ARE ZERO PAY SELF-INSURED CLAIMS. THE PARTIES SHALL FILE STATUS REPORTS (EITHER JOINTLY OR INDIVIDUALLY) BY APRIL 28, 2023. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/20/23. 3/20/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 25 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSONin Courtroom 3A Motion Hearing held on 3/15/23 Court Reporter: ESR. (bw) |
| Filing 24 RESPONSE in Support re #19 MOTION to Remand filed by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. (Attachments: #1 Exhibit 1 - Email Correspondence)(BYRNSIDE, IAN) |
| Filing 23 Letter To Counsel Re: Prime Healthcare et al v. Aetna Health Inc. et al dated 3/9/23. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/9/23. 2/23/23 ENTERED AND COPIES E-MAILED (bw) |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Remand filed by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY. (Attachments: #1 Exhibit A-03.03.23 Eckenrode Email to Byrnside, #2 Exhibit B-02.23.23 Medina Email to Byrnside)(MCCOY, BENJAMIN) |
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Filing 21
ORDER THAT THE PRETRIAL CONFERENCE WILL BE DELAYED PENDING PLAINTIFFS MOTION TO REMAND #19 . DEFENDANTS RESPONSE WILL BE DUE BY MARCH 3, 2023. PLAINTIFFS REPLY BRIEF WILL BE DUE BY MARCH 10, 2023. ORAL ARGUMENT WILL BE SET FOR WEDNESDAY, MARCH 15, 2023 AT 2:00 P.M. IN COURTROOM 3A. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/23/23. 2/23/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 20 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Telephone Pretrial Conference held on 2/23/23 (bw) |
| Filing 19 MOTION to Remand filed by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC.Memorandum. (Attachments: #1 Exhibit A - Dec. 2022 Emails, #2 Exhibit B - Feb. 2023 Emails, #3 Memorandum in Support of Motion to Remand, #4 Text of Proposed Order Granting Motion to Remand)(BYRNSIDE, IAN) |
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Filing 18
ORDER THAT THE APPLICATION FOR PRO HAC FRO ATTORNEY IAN K. BYRNSIDE for PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC,IAN K. BYRNSIDE for PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC,IAN K. BYRNSIDE for PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/14/23. 2/14/23 ENTERED AND COPIES E-MAILED.(bw)
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Filing 17
ORDER THAT THE APPLICATION FOR PRO HAC FOR ATTORNEY DOROTHY H. CORNWELL for PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC,DOROTHY H. CORNWELL for PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC,DOROTHY H. CORNWELL for PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/14/23. 2/14/23 ENTERED AND COPIES E-MAILED.(bw)
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Filing 16
ORDER THAT THE APPLICATION FOR PRO HAC FOR ATTORNEY S. DEREK BAUER for PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC,S. DEREK BAUER for PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC,S. DEREK BAUER for PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/14/23. 2/14/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 15 APPLICATION for Admission Pro Hac Vice of Dorothy H. Cornwell by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. ( Filing fee $ 40 receipt number APAEDC-16497476.). (HERROLD, TYSON) |
| Filing 14 APPLICATION for Admission Pro Hac Vice of Ian K. Byrnside by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. ( Filing fee $ 40 receipt number APAEDC-16497472.). (HERROLD, TYSON) |
| Filing 13 APPLICATION for Admission Pro Hac Vice of S. Derek Bauer by PRIME HEALTHCARE SERVICES - LOWER BUCKS, LLC, PRIME HEALTHCARE SERVICES - ROXBOROUGH, LLC, PRIME HEALTHCARE SERVICES - SUBURBAN HOSPITAL, LLC. ( Filing fee $ 40 receipt number BPAEDC-16497404.). (HERROLD, TYSON) |
| Filing 12 AMENDED NOTICE of Hearing:PRELIMINARY PRETRIAL TELEPHONE CONFERENCE RESCHEDULED FOR 2/23/2023 at 2:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: #1 Trial Procedures, #2 Conference Info Sheet)(ahf) |
| NOTICE re: Cancellation of Hearing - Preliminary Pretrial Teleconference, scheduled for 2/2/2023 (RESCHEDULED - NOTICE TO FOLLOW).(ahf) |
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Filing 11
ORDER THAT THE MOTION FOR PRO HAC VICE #9 TO PRACTICE IN THIS COURT, IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/30/23.1/31/23 ENTERED AND COPIES E-MAILED.(bw)
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Filing 10
ORDER THAT THE MOTION FOR PRO HAC VICE #8 TO PRACTICE IN THIS COURT, IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/30/23.1/31/23 ENTERED AND COPIES E-MAILED.(bw)
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| Filing 9 MOTION for Pro Hac Vice E. Sean Medina ( Filing fee $ 40 receipt number APAEDC-16465881.) filed by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MCCOY, BENJAMIN) |
| Filing 8 MOTION for Pro Hac Vice Robert J. Fogarty ( Filing fee $ 40 receipt number APAEDC-16465813.) filed by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY.Certificate of Service. (Attachments: #1 Text of Proposed Order)(MCCOY, BENJAMIN) |
| Filing 7 NOTICE of Hearing: PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 2/2/2023 AT 2:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF WILL INITIATE THE CALL AND WHEN ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: #1 Trial Procedures, #2 Conference Info Sheet)(ahf) |
| Filing 6 ANSWER to Complaint together with Affirmative Defenses by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY.(MCCOY, BENJAMIN) |
| Filing 5 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (lisad, ) |
| Filing 4 Disclosure Statement Form pursuant to FRCP 7.1 including CVS Health Corporation with Certificate of Service by AETNA HEALTH INSURANCE COMPANY.(MCCOY, BENJAMIN) |
| Filing 3 Disclosure Statement Form pursuant to FRCP 7.1 including CVS Health Corporation with Certificate of Service by AETNA BETTER HEALTH INC..(MCCOY, BENJAMIN) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including CVS Health Corporation with Certificate of Service by AETNA HEALTH INC..(MCCOY, BENJAMIN) |
| Filing 1 NOTICE OF REMOVAL by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY (Filing fee $ 402 receipt number APAEDC-16439322), filed by AETNA BETTER HEALTH INC., AETNA HEALTH INC., AETNA HEALTH INSURANCE COMPANY. (Attachments: #1 Exhibit A - State Court Filings, #2 Exhibit B - December 19, 2022 email from I. Byrnside, #3 Civil Cover Sheet JS 44, #4 Designation Form Designation Form)(MCCOY, BENJAMIN) |
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