UPMC et al v. CBIZ, INC. et al
Plaintiff: UPMC, UPMC ALTOONA, ALTOONA REGIONAL HEALTH SYSTEM and UPMC a Pennsylvania Non-Profit, Non-Stock Corporation doing business as UNIVERSITY OF PITTSBURGH MEDICAL CENTER
Defendant: CBIZ, INC, JON S. KETZNER, CBIZ BENEFITS & INSURANCE SERVICES, INC. and CBIZ, INC.
Case Number: 3:2016cv00204
Filed: September 16, 2016
Court: US District Court for the Western District of Pennsylvania
Office: Johnstown Office
County: Blair
Presiding Judge: Kim R Gibson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 3, 2021 Opinion or Order Filing 488 ORDER re: #487 Stipulation of Dismissal With Prejudice - Plaintiffs UPMC and UPMC Altoona and Defendants CBIZ, Inc., CBIZ Benefits & Insurance Services, Inc., and Jon S. Ketzner, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and through undersigned counsel, hereby stipulate to the dismissal of this action with prejudice. Each party will bear its own costs and attorneys' fees. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 8/2/2021. (dlg)
July 30, 2021 Opinion or Order Filing 487 STIPULATION of Dismissal with Prejudice by UPMC, UPMC ALTOONA. (Smith, Cyril)
June 28, 2021 Opinion or Order Filing 486 EXHIBIT AND WITNESS LIST for trial of 6/1/2021. (dlg)
June 28, 2021 Opinion or Order Filing 485 CIVIL TRIAL MEMORANDUM for trial of 6/1/2021. (dlg)
June 28, 2021 Opinion or Order Filing 484 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial completed on 6/24/2021. (Court Reporter: Shirley Hall) (dlg)
June 28, 2021 Opinion or Order Filing 483 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/23/2021. (Court Reporter: Shirley Hall) (dlg)
June 24, 2021 Opinion or Order Filing 482 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/22/2021. (Court Reporter: Shirley Hall) (dlg)
June 23, 2021 Opinion or Order Filing 481 Proposed Jury Instructions (Second Revised) by UPMC, UPMC ALTOONA. (Schwab, John)
June 23, 2021 Opinion or Order Filing 480 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/21/2021. (Court Reporter: Shirley Hall) (dlg)
June 23, 2021 Opinion or Order Filing 479 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 6/22/2021. (dlg)
June 22, 2021 Opinion or Order Filing 478 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #477 Order on Motion for Leave to File Documents Under Seal. (lar)
June 22, 2021 Opinion or Order Filing 477 ORDER granting #476 MOTION for Leave to File Documents Under Seal and Defendants may file their opposition brief under seal. No redacted version of the sealed documents shall be required to be filed. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 6/22/2021. (dlg)
June 22, 2021 Opinion or Order Filing 476 MOTION for Leave to File Documents Under Seal Defendants Opposition to UPMCs Third Motion for Reconsideration of Discovery Sanctions Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
June 21, 2021 Opinion or Order Filing 475 SEALED MOTION (This document Sealed pursuant to #474 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (jjg)
June 21, 2021 Opinion or Order Filing 474 ORDER - Upon consideration of Plaintiffs' Motion for Leave to File Under Seal Plaintiffs' Motion for Reconsideration of the Court's Ruling that Plaintiffs May Not Rebut False or Misleading Testimony Concerning the Effective Date of UPMC's Due Diligence Policy; it is hereby ORDERED that Plaintiffs' Motion is GRANTED and Plaintiffs may file their Motion for Reconsideration UNDER SEAL. No redacted version of the sealed documents shall be required to be filed. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 6/21/2021. (dlg)
June 21, 2021 Opinion or Order Filing 473 MOTION for Leave to File Documents Under Seal Motion for Leave to File Motion for Reconsideration Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
June 21, 2021 Opinion or Order Filing 472 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/17/2021. Oral Motion for Reconsideration of Bifurcation made by Defendants on 6/17/2021; Adjudication: Denied. (Court Reporter: Shirley Hall) (dlg)
June 21, 2021 Opinion or Order Filing 471 ORDER denying #469 Motion for Judgment as a Matter of Law, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 6/21/2021. (dlg)
June 20, 2021 Opinion or Order Filing 470 BRIEF in Support re #469 Motion for Judgment as a Matter of Law filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A) (Fanter, Guenther)
June 20, 2021 Opinion or Order Filing 469 MOTION for Judgment as a Matter of Law by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
June 19, 2021 Opinion or Order Filing 468 PROPOSED VERDICT FORM by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
June 19, 2021 Opinion or Order Filing 467 Proposed Jury Instructions by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
June 17, 2021 Opinion or Order Filing 466 ORDER - IT IS HEREBY ORDERED that Defendants' Oral Federal Rule of Civil Procedure 50 Motion for Judgment as a Matter of Law on Plaintiff UPMC's claim for punitive damages is DENIED, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 6/17/2021. (dlg)
June 17, 2021 Opinion or Order Filing 465 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 6/17/2021. (dlg)
June 17, 2021 Opinion or Order Filing 464 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/16/2021. Oral Motion for Judgment as a Matter of Law made by Defendants. Motion for Judgment as a Matter of Law was made on Punitive Damages; Adjudication: Deferred. (Court Reporter: Shirley Hall) (dlg)
June 17, 2021 Opinion or Order Filing 463 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/15/2021. (Court Reporter: Shirley Hall) (dlg)
June 17, 2021 Opinion or Order Filing 462 ORDER - IT IS HEREBY ORDERED that Defendants' oral objection to Plaintiffs' damages presentation in their case-in-chief and rebuttal case is OVERRULED, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 6/16/2021. (dlg)
June 16, 2021 Opinion or Order Filing 461 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/14/2021. (Court Reporter: Shirley Hall) (dlg)
June 14, 2021 Opinion or Order Filing 460 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/11/2021. (Court Reporter: Shirley Hall) (dlg)
June 14, 2021 Opinion or Order Filing 459 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #458 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (jv)
June 14, 2021 Opinion or Order Filing 458 ORDER granting #456 MOTION for Leave to File Documents Under Seal and it is further ORDERED that Plaintiffs may file Declaration of Robert DeMichiei and Attachments A-D UNDER SEAL. No redacted version of the sealed documents shall be required to be filed. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 6/14/2021. (dlg) Modified on 6/14/2021 (dlg).
June 14, 2021 Opinion or Order Filing 457 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/10/2021. (Court Reporter: Shirley Hall) (dlg)
June 11, 2021 Opinion or Order Filing 456 MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
June 11, 2021 Opinion or Order Filing 455 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/9/2021. (Court Reporter: Shirley Hall) (dlg)
June 10, 2021 Opinion or Order Filing 454 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/8/2021. (Court Reporter: Shirley Hall) (dlg)
June 9, 2021 Opinion or Order Filing 453 SEALED ORDER. Signed by Judge Kim R. Gibson on 6/9/2021. (dlg)
June 8, 2021 Opinion or Order Filing 452 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/7/2021. (Court Reporter: Shirley Hall) (dlg)
June 8, 2021 Opinion or Order Filing 451 ORDER - Before the Court is Plaintiffs' oral objection to Defendants' Exhibits 66 and 99. After due consideration, the Court finds that portions of the objected to exhibits are relevant with regard to the issues of standards of the industry and UPMC's reliance. Therefore, Defendants shall be permitted to cross-examine John Galley about the exhibits as they relate to these issues. However, the exhibits will not be admitted because of the risk of confusion for the jury. See Fed.R.Evid. 403. IT IS HEREBY ORDERED that Plaintiffs' oral objection to Defendants' Exhibits 66 and 99 is SUSTAINED IN PART. Signed by Judge Kim R. Gibson on 6/8/2021. (dlg)
June 7, 2021 Opinion or Order Filing 450 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/4/2021. (Court Reporter: Shirley Hall) (dlg)
June 7, 2021 Opinion or Order Filing 449 ORDER - Before the Court is Defendants' Oral Objection to Plaintiffs' Exhibits 222, 223, and 224. After due consideration, the Court finds that the objected to exhibits are permitted to be used as demonstrative exhibits. Further, the witness will be permitted to testify to and use the information in these demonstrative exhibits. IT IS HEREBY ORDERED that Defendants' Oral Objection to Plaintiffs' Exhibits 222, 223, and 224 is SUSTAINED IN PART. Signed by Judge Kim R. Gibson on 6/7/2021. (dlg)
June 7, 2021 Opinion or Order Filing 448 SEALED ORDER. Signed by Judge Kim R. Gibson on 6/4/2021. (dlg)
June 7, 2021 Opinion or Order Filing 447 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial continued on 6/3/2021. (Court Reporter: Shirley Hall) (dlg)
June 4, 2021 Opinion or Order Filing 446 ORDER - IT IS HEREBY ORDERED that Defendants' oral objection to Plaintiffs' Exhibit 105 is SUSTAINED. Signed by Judge Kim R. Gibson on 6/4/2021. (dlg)
June 4, 2021 Opinion or Order Filing 445 ORDER - It is hereby Ordered that Plaintiffs' objection to the displaying of Defendants' Exhibit 267 is OVERRULED. Signed by Judge Kim R. Gibson on 6/4/2021. (dlg)
June 3, 2021 Opinion or Order Filing 444 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Trial held on 6/2/2021. (Court Reporter: Shirley Hall) (dlg)
June 2, 2021 Opinion or Order Filing 443 Minute Entry for proceedings held before Judge Kim R. Gibson: Jury Selection held on 6/1/2021. Oral Motion for Reconsideration made by Plaintiffs and Additional Sanctions made by Defendant; Adjudication: Deferred. (Court Reporter: Shirley Hall) (dlg)
June 2, 2021 Opinion or Order Filing 441 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a motions hearing with counsel appearing in person. The Court heard from Plaintiffs and Defendants on Plaintiffs' oral Motion for Reconsideration of Sanctions and Defendants' oral Motion for Additional Sanctions. No further issues were discussed and the conference concluded. (Court Reporter: Shirley Hall) (dlg)
June 2, 2021 Opinion or Order Filing 440 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a motions hearing with most counsel appearing in person. The Court addressed the courtroom configuration and the trial procedures. The Court then heard from the parties on Defendants' Sanction Motion. Next, the Court addressed oral motions in limine related to opening statements. No further issues were discussed and the conference concluded. (Court Reporter: Shirley Hall) (dlg)
June 2, 2021 Opinion or Order Filing 439 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 6/2/2021. (dlg)
June 1, 2021 Opinion or Order Filing 442 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #435 Order on Motion for Leave to File (Attachments: #1 Exhibit) (cel)
June 1, 2021 Opinion or Order Filing 438 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #434 Order on Motion for Leave to File Documents Under Seal,,, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jd)
June 1, 2021 Opinion or Order Set/Reset Hearings: Jury Trial set for 6/1/2021 at 09:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. (dlg)
June 1, 2021 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #433 Motion for Leave to File. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (sdp)
May 31, 2021 Opinion or Order Filing 437 MEMORANDUM ORDER re: Consideration of Plaintiffs' oral motions in limine for a pretrial ruling on the admissibility of three items Plaintiffs intend to include in their opening statement, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/31/2021. (dlg)
May 31, 2021 Opinion or Order Filing 436 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 5/31/2021. (dlg)
May 30, 2021 Opinion or Order Filing 435 ORDER OF COURT granting #433 Motion for Leave to File Reply Brief in Support of #431 Motion for Sanctions and Accompanying Exhibits Under Seal. Signed by Judge Kim R. Gibson on 5/30/21. (gpr)
May 30, 2021 Opinion or Order Filing 434 ORDER OF COURT granting #432 MOTION for Leave to File Documents Under Seal. After receiving notice of the order of court, you must provide the sealed document to the Clerk of Courts both on paper and on disk, in pdf format. In the alternative, you may contact the Intake Section and make arrangements to email the pdf to the Clerk of Courts. The sealed version of the document WILL NOT be docketed by the Clerk of Court until the party electronically files the redacted version of the documents (using Redacted Document event located under Other Documents), unless otherwise ordered by the Court. You would be required to serve the sealed document on counsel using traditional service methods. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 5/30/21. (gpr)
May 29, 2021 Opinion or Order Filing 433 MOTION for Leave to File Reply Brief Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
May 29, 2021 Opinion or Order Filing 432 MOTION for Leave to File Documents Under Seal Plaintiffs' Motion for Leave to File Plaintiffs' Memorandum in Opposition to Defendants' Motion for Sanctions Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
May 28, 2021 Opinion or Order Filing 431 SEALED MOTION (This document Sealed pursuant to #429 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (jjg)
May 28, 2021 Opinion or Order Filing 430 MEMORANDUM ORDER - Upon consideration of the objections and responses to deposition designations filed by the parties on May 25, 2021 (ECF Nos. 415-426), the objections are decided in said Memorandum Order, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/28/2021. (dlg)
May 28, 2021 Opinion or Order Filing 429 ORDER granting #428 MOTION for Leave to File Documents Under Seal and Defendants may file their motion, and any accompanying exhibits under seal. No redacted version of the sealed materials shall be required to be filed. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 5/28/2021. (dlg)
May 28, 2021 Opinion or Order NOTICE of Hearing: A Motion Hearing is scheduled in this case for 2:00 p.m. on 5/28/2021 before Judge Kim R. Gibson. This hearing will be conducted by Zoom. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
May 27, 2021 Opinion or Order Filing 428 MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
May 25, 2021 Opinion or Order Filing 427 Proposed Jury Instructions Revised by UPMC, UPMC ALTOONA. (Schwab, John)
May 25, 2021 Opinion or Order Filing 426 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Roger Winn by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Winn - Combined Designations and Objections, #2 Exhibit Depo of R. Winn) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 425 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Jeffrey Romoff by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Romoff - Combined Designations and Objections, #2 Exhibit Depo of J. Romoff) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 424 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Gregory Peaslee by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Peaslee - Combined Designations and Objections, #2 Exhibit Depo of G. Peaslee) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 423 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Michael Miller by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Miller - Combined Designations and Objections, #2 Exhibit Depo of M. Miller) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 422 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Joni LeVine by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit LeVine - Combined Designations and Objections, #2 Exhibit Depo of J. LeVine) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 421 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of William Karbon by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Karbon Combined Designations and Objections, #2 Exhibit Depo of W. Karbon) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 420 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Michael Hurley by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Hurley - Combined Designations and Objections, #2 Exhibit Depo of M. Hurley) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 419 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of John Galley by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Galley - Combined Designations and Objections, #2 Exhibit Depo of J. Galley) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 418 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of David Farner by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Farner - Combined Designations and Objections, #2 Exhibit Depo of D. Farner) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 417 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Michael DeMichiei by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit DeMichiei - Combined Designations and Objections, #2 Exhibit Depo of M. DeMichiei) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 416 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Elizabeth Concordia by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Plaintiffs' Summary of Liz Concordia's Role and Testimony, #2 Exhibit Defendants' Summary of Concordia, #3 Exhibit Concordia Combined Designations and Objections, #4 Exhibit Depo of Elizabeth Concordia) (Lawson, Sara)
May 25, 2021 Opinion or Order Filing 415 NOTICE Joint Filing of Objections and Responses to Designations of Deposition Excerpts of Brad Brotherton by UPMC, UPMC ALTOONA re #375 Case Management Order,, (Attachments: #1 Exhibit Combined Designations and Objections, #2 Exhibit Depo of B. Brotherton) (Lawson, Sara)
May 24, 2021 Opinion or Order Filing 414 MEMORANDUM ORDER - Upon consideration of Plaintiffs' "Bench Memo #1 Re: Display and Admission of Newspaper Article" (ECF No. #410 ), and for the reasons set forth herein, IT IS HEREBY ORDERED that Plaintiffs may not present Exhibits to the jury in their opening statement, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/24/2021. (dlg)
May 21, 2021 Opinion or Order Filing 413 Proposed Voir Dire by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
May 21, 2021 Opinion or Order Filing 412 RESPONSE IN OPPOSITION to #410 Notice,,, filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A -- PX 70) (Fanter, Guenther)
May 14, 2021 Opinion or Order Filing 411 ORDER - It is hereby Ordered that Defendants shall file their response, if any, to Plaintiffs' "Bench Memo #1 Re: Display and Admission of Newspaper Article" (ECF No. #410 ) no later than 5:00 p.m. May 21, 2021. Signed by Judge Kim R. Gibson on 5/14/2021. (dlg)
May 14, 2021 Opinion or Order Filing 410 NOTICE PLAINTIFFS' BENCH MEMO #1 RE: DISPLAY AND ADMISSION OF NEWSPAPER ARTICLES by UPMC, UPMC ALTOONA (Attachments: #1 Exhibit A - PX035_Google Alert of S. Dillman re Altoona, #2 Exhibit B - PX039_2012-03-02_Altoona Mirror Article, #3 Exhibit C - PX054_2012-08-03_Article re Nason Planning Countywide, #4 Exhibit D - PX061_2012-09-04_Altoona Mirror Article, #5 Exhibit E - 2017_12_06_Ketzner Depo Excerpt, #6 Exhibit F - PX031_2011-11-08_Email from Dillman) (Smith, Cyril)
May 12, 2021 Opinion or Order Filing 409 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 5/12/2021. (dlg)
May 10, 2021 Opinion or Order Filing 408 SEALED MEMORANDUM ORDER. Signed by Judge Kim R. Gibson on 5/10/2021. (dlg)
May 7, 2021 Opinion or Order Filing 407 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #404 Order on Motion for Leave to File, (jv)
May 7, 2021 Opinion or Order Filing 406 PROPOSED VERDICT FORM by UPMC, UPMC ALTOONA. (Smith, Cyril)
May 6, 2021 Opinion or Order Filing 405 MEMORANDUM ORDER - Upon consideration of Defendants' Motion for Reconsideration (ECF No. #360 ), and for the reasons set forth in the Memorandum Order, it is hereby Ordered that the Motion is DENIED, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/6/2021. (dlg)
May 4, 2021 Opinion or Order Filing 404 ORDER granting #403 Motion for Leave to File a Reply in Support of Plaintiffs' Motion in Limine No. 14 Under Seal and Plaintiffs may file their Reply in Support of Plaintiffs' Motion in Limine No. 14 Under Seal, including any accompanying exhibits Under Seal. The Court finds it is not necessary to file redacted copies. Signed by Judge Kim R. Gibson on 5/4/2021. (dlg)
May 4, 2021 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #403 Motion for Leave to File. ERROR: Document incorrectly linked. CORRECTION: Linked to appropriate document. This message is for informational purposes only. (jv)
May 3, 2021 Opinion or Order Filing 403 MOTION for Leave to File Reply In Support of #386 Motion in Limine No. 14 by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara) Modified on 5/4/2021 to link to appropriate document (jv).
May 3, 2021 Opinion or Order Filing 402 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. This document Sealed pursuant to #400 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (jv)
May 3, 2021 Opinion or Order Filing 401 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #400 Order on Motion for Leave to File Documents Under Seal. (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) (jv)
April 30, 2021 Opinion or Order Filing 400 ORDER granting #399 MOTION for Leave to File Documents Under Seal. Defendants may file their opposition briefs to Plaintiffs UPMC and UPMC Altoona's Motion in Limine No. 14 (Dkt. #386 ) and Motion for Reconsideration of the Court's Denial of Plaintiffs' Motion in Limine No. 2 (Dkt. #390 ), and any accompanying exhibits, under seal. The Court finds it is not necessary to file redacted copies. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/29/2021. (dlg) Modified on 5/4/2021 (dlg).
April 28, 2021 Opinion or Order Filing 399 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
April 28, 2021 Opinion or Order Filing 398 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a pretrial status conference with most counsel appearing in person. The Court addressed the courtroom configuration and the trial procedures, and as more fully stated in said Conference Memo. (Court Reporter: Shirley Hall) (dlg)
April 26, 2021 Opinion or Order Filing 397 SEALED MEMORANDUM OPINION AND ORDER. Signed by Judge Kim R. Gibson on 4/26/2021. (dlg)
April 21, 2021 Opinion or Order Filing 396 ORDE re #395 Joint Stipulation Regarding Response Deadlines filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. - UPMC and UPMC-Altoona ("Plaintiffs"), and CBIZ, Inc., CBIZ Benefits & Insurance, Inc., and Jon S. Ketzner ("Defendants") hereby jointly stipulate and agree as follows: 1) Defendants' responses to Plaintiffs' Motion in Limine No. 14 (Dkt. #386 ) and Motion for Reconsideration of the Court's Denial of Plaintiffs' Motion in Limine No. 2 (Dkt. #390 , sealed) shall be due on or before 4/30/2021. 2) This deadline is designated to ensure Defendants' timely responses under the Amended Trial Order (Dkt. #375 ), and seeks to promote a consistent, orderly schedule in advance of the June 1, 2021 trial date. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 4/21/2021. (dlg)
April 21, 2021 Opinion or Order Filing 395 STIPULATION (Joint) Regarding Response Deadlines by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
April 20, 2021 Opinion or Order Filing 394 ORDER re #392 Joint Stipulation filed by UPMC ALTOONA, UPMC - It is hereby stipulated and agreed as among all Plaintiffs and all Defendants, through their undersigned counsel, as follows: 1) The parties shall not exchange offers of proof, as set forth in this Court's Amended Trial Order, ECF No. #375 , as the parties have agreed such offers of proof are not necessary in this case. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 4/20/2021. (dlg)
April 19, 2021 Opinion or Order Filing 393 SEALED MOTION (This document Sealed pursuant to #390 Order on Motion for Leave to File Documents Under Seal), by UPMC ALTOONA. (Attachments: #1 Exhibit A, #2 Proposed Order) (jv)
April 19, 2021 Opinion or Order Filing 392 STIPULATION Regarding Offers of Proof by UPMC, UPMC ALTOONA. (Lawson, Sara)
April 19, 2021 Opinion or Order Filing 391 ORDER re #387 Notice of Withdrawal of Defendants' Motion for Reconsideration and Clarification (Dkt. #362 ) filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. - Defendants CBIZ Inc., CBIZ Benefits & Insurance, Inc., and Jon S. Ketzner ("Defendants") hereby provide notice that Defendants withdraw their Motion to Reconsider and for Clarification Regarding the Court's Ruling on Permissible PBGC Damages (Dkt. #362 ) as the matters set forth in that motion are now moot in light of UPMC Altoona's withdrawal of its PBGC damage claim. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 4/19/2021. (dlg)
April 19, 2021 Opinion or Order Filing 390 ORDER granting #384 MOTION for Leave to File Documents Under Seal and Plaintiffs may file their Motion for Reconsideration of the Court's Denial of Plaintiffs' Motion in Limine No. 2, including accompanying exhibits, UNDER SEAL. The Court finds it is not necessary to file a redacted document. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/19/2021. (dlg)
April 19, 2021 Opinion or Order Filing 389 ORDER re #385 Notice of Withdrawal of Motion in Limine No. 13, to Exclude Court Filings Submitted by PBGC in Other Cases filed by UPMC ALTOONA, UPMC - This is to provide notice that Plaintiffs hereby withdraw their Motion in Limine No. 13, to Exclude Court Filings Submitted by the PBGC in Other Cases, ECF No. #276 , because the matters set forth in the Motion are now moot. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 4/19/2021. (dlg)
April 19, 2021 Opinion or Order Filing 388 Proposed Order re #386 Motion in Limine, No. 14 to Exclude CBIZ Fee Disclosure Statements, or Alternatively for an Instruction That the Statements Do Not Limit UPMCs Damages by UPMC, UPMC ALTOONA. (Smith, Cyril)
April 19, 2021 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #386 Motion in Limine. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (jv)
April 16, 2021 Opinion or Order Filing 387 NOTICE of Withdrawal of Defendants' Motion for Reconsideration and Clarification by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER re #362 Motion for Reconsideration, (Fanter, Guenther)
April 16, 2021 Opinion or Order Filing 386 MOTION in Limine No. 14 to Exclude CBIZ Fee Disclosure Statements, or Alternatively for an Instruction That The Statements Do Not Limit UPMCs Damages by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit UPMC MIL 14 - A, #2 Exhibit UPMC MIL 14 - B, #3 Exhibit UPMC MIL 14 - C, #4 Exhibit UPMC MIL 14 - D) (Smith, Cyril)
April 16, 2021 Opinion or Order Filing 385 NOTICE of Withdrawal of Motion in Limine No. 13 by UPMC, UPMC ALTOONA re #276 Motion in Limine (Lawson, Sara)
April 15, 2021 Opinion or Order Filing 384 Unopposed MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
April 15, 2021 Opinion or Order Filing 383 AMENDED DOCUMENT Plaintiffs' Amended Pretrial Statement by UPMC, UPMC ALTOONA. Amendment to #245 Pretrial Statement. (Attachments: #1 Exhibit) (Lawson, Sara)
April 15, 2021 Opinion or Order Filing 382 NOTICE Of Filing Amended Pretrial Statement by UPMC, UPMC ALTOONA (Lawson, Sara)
April 7, 2021 Opinion or Order Filing 381 ORDER re #380 Joint Notice of Withdrawal of Motions in Limine and Evidentiary Stipulation filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. - The parties have reached an agreement on evidentiary issues that resolves certain pending motions in limine, and as more fully stated in said Order. IT IS SO ORDERED, Signed by Judge Kim R. Gibson on 4/7/2021. (dlg)
April 6, 2021 Opinion or Order Filing 380 NOTICE (Joint) of Withdrawal of Motions In Limine and Evidentiary Stipulation by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER (Fanter, Guenther)
March 30, 2021 Opinion or Order Filing 379 SEALED ORDER. Signed by Judge Kim R. Gibson on 3/29/2021. (dlg)
March 29, 2021 Opinion or Order Filing 378 MEMORANDUM OPINION AND ORDER denying #266 Motion in Limine to Preclude Evidence of UPMC's Corporate Good Acts and Good Character; denying #270 Motion in Limine to Exclude any Argument, Testimony, or Other Evidence on Punitive Damages, or in the Alternative, to Bifurcate Trial; granting #275 Motion in Limine No. 8 to Exclude Use of an Opinion Issued in In re Greater Southeast Community Hospital Corp.; granting #277 Motion in Limine No. 12 to Exclude Evidence Concerning UPMC's Retention of Litigation Counsel, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/29/2021. (dlg)
February 12, 2021 Opinion or Order Filing 377 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a Status Conference with counsel appearing via telephone. The Court provided the parties with an update on trial, jury selection, covid procedures, and sidebars. Next, the parties provided their input on possible covid procedures. Finally, the Court discussed scheduling with the parties. (Court Reporter: Shirley Hall) (dlg)
February 1, 2021 Opinion or Order Filing 376 JOINT NOTICE REGARDING FEBRUARY 2, 2021 STATUS CONFERENCE by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER re #375 Case Management Order, (Fanter, Guenther)
January 22, 2021 Opinion or Order Filing 375 AMENDED TRIAL ORDER (JURY TRIAL): Upon consideration of the "Joint Motion to Continue March 2, 2021 Trial Date" (ECF No. #374 ), it is hereby Ordered as follows: Trial in this matter is scheduled to begin on 6/1/2021 and will continue on each successive weekday thereafter until completed. The Pretrial Conference is rescheduled for 4/27/2021, at 1:30 p.m. A Telephone Status Conference is set for 2/2/2021, at 1:30 p.m., and as more fully stated in said Amended Trial Order. Signed by Judge Kim R. Gibson on 1/22/2021. (dlg)
January 22, 2021 Opinion or Order Filing 374 Joint MOTION to Continue March 2, 2021 Trial Date by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
December 4, 2020 Opinion or Order Filing 373 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Oral Argument held on Thursday, November 19, 2020, before Judge Kim R. Gibson. Court Reporter Shirley Hall, email shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 12/11/2020. Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/4/2021. (sah)
November 23, 2020 Opinion or Order Filing 372 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held oral argument on Defendants' two motions for reconsideration with counsel appearing via video. Counsel presented argument on the motions. The Court discussed trial scheduling with the parties. The Court ordered that the transcript be prepared with the costs of the transcript split equally. (Court Reporter: Shirley Hall) (dlg)
November 17, 2020 Opinion or Order Filing 371 ORDER granting #369 Motion for Christopher R. MacColl to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 11/17/2020. (dlg)
November 17, 2020 Opinion or Order Filing 370 Proposed Order re #369 Motion to Appear Pro Hac Vice by UPMC, UPMC ALTOONA. (MacColl, Christopher)
November 17, 2020 Opinion or Order Filing 369 MOTION for attorney CHRISTOPHER R. MACCOLL to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6089932) by UPMC, UPMC ALTOONA. (Attachments: #1 Affidavit) (MacColl, Christopher)
November 17, 2020 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #369 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file A PROPOSED ORDER (please do file another motion to appear pro hac vice) by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (jv)
November 4, 2020 Opinion or Order NOTICE of Hearing: Oral Argument scheduled for 11/18/2020 is RESCHEDULED for 11/19/2020, at 9:30 a.m. before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
November 3, 2020 Opinion or Order Filing 368 ORDER - Upon consideration of Defendants' Motion for Oral Argument on Defendants' Motions for Reconsideration and Clarification (ECF No. #364 ), it is HEREBY ORDERED that the Motion is GRANTED. The oral argument is scheduled for November 18, 2020, at 10:00 a.m. and will be conducted entirely by video. Signed by Judge Kim R. Gibson on 11/3/2020. (dlg)
November 3, 2020 Opinion or Order Set/Reset Hearings: Oral Argument set for 11/18/2020 at 10:00 AM before Judge Kim R. Gibson. (dlg)
October 16, 2020 Opinion or Order Filing 367 RESPONSE to Motion re #364 MOTION for Oral Argument re #360 MOTION for Reconsideration of Daubert Order Regarding UPMC's Alleged Expectation Damages filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC., #362 MOTION for Reconsi filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
October 16, 2020 Opinion or Order Filing 366 RESPONSE to Motion re #362 MOTION for Reconsideration and for Clarification Regarding the Court's Ruling on Permissible PBGC Damages filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
October 16, 2020 Opinion or Order Filing 365 RESPONSE to Motion re #360 MOTION for Reconsideration of Daubert Order Regarding UPMC's Alleged Expectation Damages filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
October 2, 2020 Opinion or Order Filing 364 MOTION for Oral Argument re #360 MOTION for Reconsideration of Daubert Order Regarding UPMC's Alleged Expectation Damages filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC., #362 MOTION for Reconsideration and for Clarification Regarding the Court's Ruling on Permissible PBGC Damages filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
October 2, 2020 Opinion or Order Filing 363 BRIEF in Support re #362 Motion for Reconsideration, and for Clarification Regarding the Court's Ruling on Permissible PBGC Damages filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
October 2, 2020 Opinion or Order Filing 362 MOTION for Reconsideration and for Clarification Regarding the Court's Ruling on Permissible PBGC Damages by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
October 2, 2020 Opinion or Order Filing 361 BRIEF in Support re #360 Motion for Reconsideration of Daubert Order Regarding UPMC's Alleged Expectation Damages filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
October 2, 2020 Opinion or Order Filing 360 MOTION for Reconsideration of Daubert Order Regarding UPMC's Alleged Expectation Damages by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
September 14, 2020 Opinion or Order Filing 359 AMENDED TRIAL ORDER (JURY TRIAL) - It is hereby Ordered as follows: Trial in this matter is rescheduled to begin on 3/2/2021, and will continue on each successive weekday thereafter until completed. The Pretrial Conference remains scheduled for 2/2/2021, at 1:30 p.m., and as more fully stated in said Amended Trial Order. Signed by Judge Kim R. Gibson on 9/14/2020. (dlg)
July 2, 2020 Opinion or Order Filing 358 TRIAL ORDER (JURY TRIAL): It is hereby Ordered as follows: Trial in this matter is rescheduled to begin on 3/1/2021 and will continue on each successive weekday thereafter until completed. A Pretrial Conference is rescheduled for 2/2/2021, at 1:30 p.m., and as more fully stated in said Trial Order. Signed by Judge Kim R. Gibson on 7/2/2020. (dlg)
July 2, 2020 Opinion or Order Filing 357 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a status conference with counsel appearing telephonically. The Court asked the parties for an update on the case and for their positions with respect to the September 2020 trial date. After hearing from the parties, the Court stated that it would move trial in this matter to either January or March 2021. The Court stated that it would specify a new trial date by the following week. (Court Reporter: Shirley Hall) (dlg)
July 2, 2020 Opinion or Order Filing 356 STATUS REPORT Regarding CBIZ's Response to UPMC's Statement Re July 2 Status Conference by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
June 30, 2020 Opinion or Order Filing 355 STATUS REPORT Regarding July 2 Status Conference by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit Exhibit A) (Lawson, Sara)
June 15, 2020 Opinion or Order Filing 354 SEALED MEMORANDUM OPINION AND ORDER granting Sealed Motion, ECF No. #286 , denying Sealed Motion, ECF No. #299 , and denying Sealed Motion, ECF No. #290 . Signed by Judge Kim R. Gibson on 6/15/2020. (dlg) Modified on 6/15/2020 (dlg).
June 2, 2020 Opinion or Order Filing 353 SEALED DOCUMENTS by UPMC ALTOONA. This document Sealed pursuant to #352 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13) (jv)
June 2, 2020 Opinion or Order Filing 352 ORDER granting #349 MOTION for Leave to File Documents Under Seal. The parties may file the exhibits which correspond to their 5/29/2020 joint status report under seal. The Court does not require a redacted copy to be filed. Signed by Judge Kim R. Gibson on 6/2/2020. (dlg)
June 2, 2020 Opinion or Order Filing 351 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Oral Argument held on Friday, May 15, 2020, before Judge Kim R. Gibson. Court Reporter: Shirley Hall, e-mail: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings.( Notice of Intent for Redaction of Personal Data Identifiers due by 6/9/2020., Redaction Request due 6/23/2020., Redacted Transcript Deadline set for 7/6/2020., Release of Transcript Restriction set for 8/31/2020.), SEALED DOCUMENT. (sah)
May 29, 2020 Opinion or Order Filing 350 STATUS REPORT Joint Status Report on Plaintiffs' Motion in Limine No. 3 by UPMC, UPMC ALTOONA. (Lawson, Sara)
May 29, 2020 Opinion or Order Filing 349 Joint MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
May 26, 2020 Opinion or Order Filing 348 MEMORANDUM OPINION AND ORDER denying #203 Sealed Motion; denying #205 Sealed Motion; denying #207 Sealed Motion; denying #209 Sealed Motion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 5/26/2020. (dlg)
May 18, 2020 Opinion or Order Filing 347 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an Oral Argument on eight Motions in Limine with counsel appearing via video. Counsel presented argument on each Motion and answered questions from the Court, and as more fully stated in said Conference Memo. (Court Reporter: Shirley Hall) (dlg)
May 18, 2020 Opinion or Order NOTICE of Hearing: The Telephonic Status Conference scheduled for 6/2/2020 is RESCHEDULED to 7/2/2020, at 1:00 PM before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) Modified text on 5/18/2020. (dlg)
May 16, 2020 Opinion or Order FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
May 11, 2020 Opinion or Order Filing 346 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #340 Order on Motion for Leave to File Documents Under Seal. (jv)
May 11, 2020 Opinion or Order Filing 345 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #340 Order on Motion for Leave to File Documents Under Seal. (jv)
May 11, 2020 Opinion or Order Filing 344 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #337 Order on Motion for Leave to File, (Attachments: #1 Exhibit G) (jv)
May 11, 2020 Opinion or Order Filing 343 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #337 Order on Motion for Leave to File. (jv)
May 8, 2020 Opinion or Order Filing 342 REPLY to Response to Motion re #275 Motion in Limine, #312 Brief in Opposition to Motion [PLAINTIFFS' REPLY IN SUPPORT OF MOTION IN LIMINE NO. 8 TO EXCLUDE USE OF AN OPINION ISSUED IN IN RE GREATER SOUTHEAST COMMUNITY HOSPITAL CORP.] filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
May 8, 2020 Opinion or Order Filing 341 REPLY BRIEF re #269 Brief in Support of Motion, In Limine to Exclude Evidence Related to Jon Ketzner's Career and CBIZ Policies as Irrelevant to UPMC's Claims filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit HHHHHHHH) (Vargo, Ernest)
May 6, 2020 Opinion or Order Filing 340 ORDER granting #339 MOTION for Leave to File Documents Under Seal and Plaintiffs may file their reply briefs in support of their motions in limine, including any accompanying exhibits, under seal. The Court does not require Plaintiffs to file redacted copies.< Document Sealed Permanently. Signed by Judge Kim R. Gibson on 5/6/2020. (dlg)
May 5, 2020 Opinion or Order Filing 339 Unopposed MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
May 4, 2020 Opinion or Order Filing 338 ORDER granting #334 Motion for Telephonic Hearing. The Oral Argument is scheduled for 5/15/2020, at 1:00 p.m. and will be conducted entirely by video, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 5/4/2020. (dlg)
May 4, 2020 Opinion or Order Filing 337 ORDER granting #336 Motion for Leave to File Reply Briefs Under Seal and Defendants may file reply briefs in support of their motions in limine, and any accompanying exhibits thereto, under seal. The Court does not require Defendants to file redacted copies. Signed by Judge Kim R. Gibson on 5/4/2020. (dlg)
May 4, 2020 Opinion or Order Filing 336 Unopposed MOTION for Leave to File Reply Briefs Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
May 4, 2020 Opinion or Order Set/Reset Hearings: Oral Argument is set for 5/15/2020 at 1:00 PM before Judge Kim R. Gibson. (dlg)
April 30, 2020 Opinion or Order Filing 335 ORDER granting #333 Motion for Leave to File Reply Briefs in Support of Parties' Motion in Limine. The parties may file up to three reply briefs in support of their respective motions in limine by no later than 5/8/2020. Each reply brief is limited to three pages. Signed by Judge Kim R. Gibson on 4/30/2020. (dlg)
April 29, 2020 Opinion or Order Filing 334 Unopposed MOTION for Hearing (Telephonic) Regarding Defendants' Motion to Partially Lift Protective Order For Trial Preparation by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
April 29, 2020 Opinion or Order Filing 333 Joint MOTION for Leave to File Reply Briefs in Support of Parties' Motions in Limine by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
April 28, 2020 Opinion or Order NOTICE of Hearing: Pretrial Conference scheduled for 8/11/2020 is RESCHEDULED to 8/18/2020, at 10:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. Text-only entry; no PDF document shall issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
April 26, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
April 17, 2020 Opinion or Order Filing 332 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit W, #4 Exhibit X) (jv)
April 10, 2020 Opinion or Order Filing 331 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 330 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal (Attachments: #1 Exhibit B) (jv)
April 10, 2020 Opinion or Order Filing 329 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal (jv)
April 10, 2020 Opinion or Order Filing 328 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit T) (jv)
April 10, 2020 Opinion or Order Filing 327 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 326 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 325 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit Y, #3 Exhibit Z) (jv)
April 10, 2020 Opinion or Order Filing 324 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal.89555 0006 (Attachments: #1 Exhibit F) (jv)
April 10, 2020 Opinion or Order Filing 323 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E) (jv) Modified text on 4/20/2020. (jv)
April 10, 2020 Opinion or Order Filing 322 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 321 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 320 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 319 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A) (jv)
April 10, 2020 Opinion or Order Filing 318 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (jv)
April 10, 2020 Opinion or Order Filing 317 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit A, #2 Exhibit B) (jv)
April 10, 2020 Opinion or Order Filing 316 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 315 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #309 Order on Motion for Leave to File Documents Under Seal. (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) (jv)
April 10, 2020 Opinion or Order Filing 314 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. This document Sealed pursuant to #307 Order on Motion for Leave to File Documents Under Seal. (jv)
April 10, 2020 Opinion or Order Filing 313 BRIEF in Opposition re #277 Motion in Limine No. 12 to Exclude Evidence Concerning UPMC's Retention of Litigation Counsel filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
April 10, 2020 Opinion or Order Filing 312 BRIEF in Opposition re #275 Motion in Limine No. 8 to Exclude Use of an Opinion Issued in In Re Greater Southeast Community Hospital Corp. filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
April 10, 2020 Opinion or Order Filing 311 BRIEF in Opposition re #270 Motion in Limine,, Motion for New Trial, PLAINTIFFS MEMORANDUM IN OPPOSITION TO CBIZS MOTION IN LIMINE REGARDING PUNITIVE DAMAGES filed by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A [2017-06-29 CBIZ Answers to First Set of Interrogatories]) (Smith, Cyril)
April 10, 2020 Opinion or Order Filing 310 BRIEF in Opposition re #266 Motion in Limine PLAINTIFFS MEMORANDUM IN OPPOSITION TO MOTION TO PRECLUDE EVIDENCE OF UPMCS CORPORATE GOOD ACTS AND GOOD CHARACTER filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
April 8, 2020 Opinion or Order Filing 309 ORDER granting #308 MOTION for Leave to File Documents Under Seal and plaintiffs may file their briefs in opposition, including any accompanying exhibits, to Defendants' sealed motions in limine and sealed emergency motion to partially lift protective order UNDER SEAL. The Court does not require a redacted copy to be filed. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/8/2020. (dlg)
April 7, 2020 Opinion or Order Filing 308 Unopposed MOTION for Leave to File Documents Under Seal [BRIEFS IN OPPOSITION TO DEFENDANTS' MOTIONS IN LIMINE AND DEFENDANTS' MOTION TO PARTIALLY LIFT THE PROTECTIVE ORDER] by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
April 6, 2020 Opinion or Order Filing 307 ORDER granting #306 MOTION for Leave to File Documents Under Seal and Defendants may file their opposition briefs to Plaintiffs' Motions in Limine, and any accompany exhibits, under seal. The Court does not require Defendant's to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/6/2020. (dlg)
April 6, 2020 Opinion or Order Filing 306 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
March 28, 2020 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 23, 2020 Opinion or Order Filing 305 TRIAL ORDER (JURY TRIAL) granting #303 Joint Motion to Amend the Amended Scheduling Order. It is further Ordered that: 1) responses to any motion in limine shall be due no later than 4/10/2020; 2) a telephonic status conference is scheduled for 6/2/2020, at 10:00 a.m.; 3) a pretrial conference is scheduled for 8/11/2020, at 1:00 p.m.; and 4) trial in this matter is scheduled to begin on 9/14/2020 and will continue for approximately 6 weeks, and as more fully stated in said Trial Order. Signed by Judge Kim R. Gibson on 3/23/2020. (dlg)
March 23, 2020 Opinion or Order Filing 304 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held a status conference with counsel appearing via telephone. The Court discussed with counsel that no jury trials are to be scheduled through the end of April and the impact of that order on the May trial date in this case. The Court asked counsel for their perspective on the trial date, who then agreed that the trial should be continued to the September trial term, with September 14, 2020 as the start date. Counsel also requested the Court to schedule a telephonic status conference on June 2, 2020, at 10:00 a.m., and as more fully stated in said Conference Memo. (Court Reporter: Curt Rose) (dlg)
March 23, 2020 Opinion or Order Filing 303 Joint MOTION to Amend/Correct #173 Case Management Order,, Amended Final Scheduling Order by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
March 23, 2020 Opinion or Order Set/Reset Hearings: Jury Trial set for 9/14/2020 at 9:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. Pretrial Conference set for 8/11/2020 at 1:00 PM in Courtroom A - Johnstown before Judge Kim R. Gibson. Telephonic Status Conference set for 6/2/2020 at 10:00 AM before Judge Kim R. Gibson. (dlg)
March 17, 2020 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #270 Motion in Limine, Motion to Bifurcate Trial. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added MOTION to Bifurcate Trial. This message is for informational purposes only. (jv)
March 16, 2020 Opinion or Order Filing 302 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 301 SEALED MOTION (This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order, #2 Exhibit PPPPPPP, #3 Exhibit QQQQQQQ, #4 Exhibit SSSSSSS) (jv)
March 16, 2020 Opinion or Order Filing 300 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 299 SEALED MOTION (This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (jv)
March 16, 2020 Opinion or Order Filing 298 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 297 SEALED MOTION (This document Sealed pursuant to #265 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (jv)
March 16, 2020 Opinion or Order Filing 296 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 295 SEALED MOTION (This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (jv)
March 16, 2020 Opinion or Order Filing 294 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 293 SEALED MOTION (This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order, #2 Exhibit RRRRRRR) (jv)
March 16, 2020 Opinion or Order Filing 292 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal, (jv)
March 16, 2020 Opinion or Order Filing 291 SEALED MOTION (This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order, #2 Exhibit OOOOOOO) (jv)
March 16, 2020 Opinion or Order Filing 290 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A) (jv)
March 16, 2020 Opinion or Order Filing 289 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A) (jv)
March 16, 2020 Opinion or Order Filing 288 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A) (jv)
March 16, 2020 Opinion or Order Filing 287 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (jv)
March 16, 2020 Opinion or Order Filing 286 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A) (jv)
March 16, 2020 Opinion or Order Filing 285 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (jv)
March 16, 2020 Opinion or Order Filing 284 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B) (jv)
March 16, 2020 Opinion or Order Filing 283 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (jv)
March 16, 2020 Opinion or Order NOTICE of Hearing: A Telephonic Status Conference is scheduled for Friday, 3/20/2020, at 10:00 AM before Judge Kim R. Gibson. Counsel are responsible for coordinating the call to the Judge's Chambers. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
March 13, 2020 Opinion or Order Filing 282 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (jv)
March 13, 2020 Opinion or Order Filing 281 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Supplement, #2 Exhibit A) (jv)
March 13, 2020 Opinion or Order Filing 280 SEALED MOTION (This document Sealed pursuant to #264 Order on Motion for Leave to File Documents Under Seal), by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (jv) (Additional attachment(s) added on 3/16/2020: #2 Exhibit A, #3 Exhibit B, #4 Envelope C) (jv)
March 13, 2020 Opinion or Order Filing 279 Proposed Jury Instructions by UPMC, UPMC ALTOONA. (Smith, Cyril)
March 13, 2020 Opinion or Order Filing 278 Proposed Voir Dire by UPMC, UPMC ALTOONA. (Smith, Cyril)
March 13, 2020 Opinion or Order Filing 277 MOTION in Limine NO. 12 TO EXCLUDE EVIDENCE CONCERNING UPMC'S RETENTION OF LITIGATION COUNSEL by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
March 13, 2020 Opinion or Order Filing 276 MOTION in Limine NO. 13 TO EXCLUDE COURT FILINGS SUBMITTED BY THE PBGC IN OTHER CASES by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit, #2 Proposed Order) (Smith, Cyril)
March 13, 2020 Opinion or Order Filing 275 MOTION in Limine NO. 8 TO EXCLUDE USE OF AN OPINION ISSUED IN IN RE GREATER SOUTHEAST COMMUNITY HOSPITAL CORP. by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A, #2 Proposed Order) (Smith, Cyril)
March 13, 2020 Opinion or Order Filing 274 PROPOSED VERDICT FORM by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 273 Proposed Jury Instructions by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 272 Proposed Voir Dire by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 271 BRIEF in Support re #270 Motion in Limine, to Exclude any Argument, Testimony, or Other Evidence on Punitive Damages, or In the Alternative, to Bifurcate Trial filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 270 MOTION in Limine to Exclude any Argument, Testimony, or Other Evidence on Punitive Damages, or In the Alternative, to Bifurcate Trial by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest). Added MOTION to Bifurcate Trial on 3/17/2020 (jv)
March 13, 2020 Opinion or Order Filing 269 BRIEF in Support re #268 Motion in Limine, to Exclude Evidence Regarding Jon S. Ketzner's Career and Defendants' Actions Unrelated to Plaintiffs' Claims filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 268 MOTION in Limine to Exclude Evidence Regarding Jon S. Ketzner's Career and Defendants' Actions Unrelated to Plaintiffs' Claims by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 267 BRIEF in Support re #266 Motion in Limine to Preclude Evidence of UPMC's Corporate Good Acts and Good Character filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 13, 2020 Opinion or Order Filing 266 MOTION in Limine to Preclude Evidence of UPMC's Corporate Good Acts and Good Character by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
March 12, 2020 Opinion or Order Filing 265 ORDER granting #263 MOTION for Permission to File Defendants' Motions in Limine and Motion to Lift Protective Order Under Seal. Defendants may file their forthcoming motions in limine and its forthcoming motion to lift the protective order and any exhibits under seal. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 3/12/2020. (dlg)
March 12, 2020 Opinion or Order Filing 264 ORDER granting #262 MOTION for Leave to File Documents Under Seal. Plaintiffs may file any motions in limine discussing or addressing material subject to the protective order under seal. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 3/12/2020. (dlg)
March 12, 2020 Opinion or Order Filing 263 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
March 11, 2020 Opinion or Order Filing 262 Unopposed MOTION for Leave to File Documents Under Seal [MOTIONS IN LIMINE] by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
February 21, 2020 Opinion or Order Filing 261 ORDER granting #260 Motion for Steven M. Dettelbach to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 2/21/2020. (dlg)
February 20, 2020 Opinion or Order Filing 260 MOTION for attorney Steven M. Dettelbach to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5477512) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A. Dettelbach Affidavit, #2 Exhibit B. Dettelbach Certificate of Good Standing, #3 Proposed Order) (Dettelbach, Steven)
February 18, 2020 Opinion or Order Filing 259 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #256 Order on Motion for Leave to File Documents Under Seal. (jv)
February 14, 2020 Opinion or Order Filing 258 PRETRIAL STATEMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A. Witness List, #2 Exhibit B. Deposition Designations, #3 Exhibit C. Exhibit List) (Vargo, Ernest)
February 13, 2020 Opinion or Order Filing 257 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an oral argument on two of Defendants' Daubert Motions (ECF Nos. #207 and #209 with counsel appearing via telephone. Plaintiffs' counsel presented argument against excluding the testimony of Spencer and Gotbaum and Defense counsel responded with argument in favor of exclusion. Plaintiffs' counsel then responded to Defense counsel's arguments. The parties then similarly presented argument in favor of and against excluding the testimony of Demchick. (Court Reporter: Shirley Hall) (dlg)
February 13, 2020 Opinion or Order Filing 256 ORDER granting #255 MOTION for Leave to File Documents Under Seal. CBIZ may file its expert disclosures, and any accompanying exhibits, under seal on or before 2/14/2020. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 2/12/2020. (dlg)
February 12, 2020 Opinion or Order Filing 255 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
February 4, 2020 Opinion or Order Filing 254 ORDER granting #253 Consent Motion to File Amended Pretrial Statement Exhibits C,D and Plaintiffs' Amended Pretrial Exhibits C and D are deemed accepted into the court record. Signed by Judge Kim R. Gibson on 2/4/2020. (dlg)
February 4, 2020 Opinion or Order Filing 253 Consent MOTION to Amend/Correct #245 Pretrial Statement by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit Supplemental Exhibit C_Deposition Designations of Defendant Jon Ketzner, #2 Exhibit Amended Exhibit D_Plaintiffs' Amended Trial Exhibit List, #3 Proposed Order) (Smith, Cyril)
February 4, 2020 Opinion or Order NOTICE of Hearing: Telephonic Oral Argument is scheduled for 2/12/2020, at 2:00 p.m. before Judge Kim R. Gibson. Counsel are responsible for coordinating the call to the Judge's Chambers. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
January 30, 2020 Opinion or Order Filing 252 MEMORANDUM OPINION AND ORDER denying #177 Motion for Summary Judgment, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 1/30/2020. (dlg)
January 29, 2020 Opinion or Order Filing 251 SEALED DOCUMENT s(upplemental exhibits 151-153, Main Document is Exhibit 151) by UPMC, UPMC ALTOONA. This document Sealed pursuant to #249 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit 152, #2 Exhibit 153) (jv)
January 29, 2020 Opinion or Order Filing 250 NOTICE of Filing regarding Summary Judgment Record by UPMC, UPMC ALTOONA re #201 Sealed Document, #202 Sealed Document, (Smith, Cyril)
January 29, 2020 Opinion or Order Filing 249 ORDER granting #248 MOTION for Leave to File Documents Under Seal and Plaintiffs may file its supplemental exhibits 151-153 under seal. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 1/28/2020. (dlg)
January 27, 2020 Opinion or Order Filing 248 Consent MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
January 17, 2020 Opinion or Order Filing 247 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an oral argument on Defendants' Motion for Summary Judgment (ECF No. #177 ) with counsel appearing in person. Defense counsel presented argument in favor of summary judgment. Plaintiffs' counsel responded with argument against summary judgment. Defense counsel then responded to Plaintiffs' counsel's arguments. After the argument concluded, the parties requested argument on Defendants' pending Daubert motions. The parties stated that they would confer on the scope of the argument and schedule a date for argument with the Court. (Court Reporter: Curt Rose) (dlg)
January 10, 2020 Opinion or Order Filing 246 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #240 Order on Motion for Leave to File Documents Under Seal. (jv)
January 10, 2020 Opinion or Order Filing 245 PRETRIAL STATEMENT by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A_Damages Summary, #2 Exhibit B_Witness List, #3 Exhibit C_Deposition Designations, #4 Exhibit D_Exhibit List) (Smith, Cyril)
January 9, 2020 Opinion or Order Filing 244 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal. (jv)
January 9, 2020 Opinion or Order Filing 243 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal. (jv)
January 9, 2020 Opinion or Order Filing 242 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal., (jv)
January 9, 2020 Opinion or Order Filing 241 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #237 Order on Motion for Leave to File Documents Under Seal. (jv)
January 9, 2020 Opinion or Order Filing 240 ORDER granting #239 MOTION for Leave to File Documents Under Seal. Plaintiffs may file their expert disclosures under seal on or before 1/10/2020. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 1/9/2020. (dlg)
January 8, 2020 Opinion or Order Filing 239 Unopposed MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
January 7, 2020 Opinion or Order Filing 238 ORDER granting #236 Motion for Leave to File Excess Pages. Defendants may file a reply brief in support of their motion to exclude plaintiffs' damages expert not to exceed 20 pages and a reply brief in support of their motion to exclude plaintiffs' PBGC expert not to exceed 30 pages. Signed by Judge Kim R. Gibson on 1/7/2020. (dlg)
January 7, 2020 Opinion or Order Filing 237 ORDER granting #235 MOTION for Leave to File Documents Under Seal. Defendants may file their Reply Briefs, and any accompanying exhibits under seal. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 1/7/2020. (dlg)
January 7, 2020 Opinion or Order Filing 236 Unopposed MOTION for Leave to File Excess Pages by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
January 7, 2020 Opinion or Order Filing 235 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
January 7, 2020 Opinion or Order Filing 234 ORDER denying #230 Motion to Continue Trial Deadlines. Signed by Judge Kim R. Gibson on 1/7/2020. (dlg)
January 6, 2020 Opinion or Order Filing 233 ORDER granting #231 Motion for Paula M. Junghans to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 1/6/2020. (dlg)
January 6, 2020 Opinion or Order Filing 232 RESPONSE to Motion re #230 MOTION to Continue Trial Deadlines filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
January 6, 2020 Opinion or Order Filing 231 MOTION for attorney Paula M. Junghans to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5415217) by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit Affidavit of P. Junghans in support of PHV Motion) (Junghans, Paula)
December 16, 2019 Opinion or Order Filing 230 MOTION to Continue Trial Deadlines by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
December 5, 2019 Opinion or Order Filing 229 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #224 Order on Motion for Leave to File Documents Under Seal, (cjo) (Additional attachment(s) added on 12/6/2019: #1 Exhibit 116, #2 Exhibit 117, #3 Exhibit 118, #4 Exhibit 119, #5 Exhibit 120, #6 Exhibit 121, #7 Exhibit 122, #8 Exhibit 123, #9 Exhibit 124, #10 Exhibit 125, #11 Exhibit 126, #12 Exhibit 127, #13 Exhibit 128, #14 Exhibit 129, #15 Exhibit 130, #16 Exhibit 131, #17 Exhibit 132, #18 Exhibit 133, #19 Exhibit 134, #20 Exhibit 135, #21 Exhibit 136, #22 Exhibit 137, #23 Exhibit 138, #24 Exhibit 139, #25 Exhibit 140, #26 Exhibit 141, #27 Exhibit 142, #28 Exhibit 143, #29 Exhibit 144, #30 Exhibit 145, #31 Exhibit 146, #32 Exhibit 147, #33 Exhibit 148, #34 Exhibit 149, #35 Exhibit 150) (cjo)
December 5, 2019 Opinion or Order Filing 228 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #224 Order on Motion for Leave to File Documents Under Seal, (cjo)
December 5, 2019 Opinion or Order Filing 227 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #224 Order on Motion for Leave to File Documents Under Seal, (cjo)
December 5, 2019 Opinion or Order Filing 226 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #224 Order on Motion for Leave to File Documents Under Seal, (cjo)
December 5, 2019 Opinion or Order Filing 225 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #224 Order on Motion for Leave to File Documents Under Seal, (cjo)
December 2, 2019 Opinion or Order Filing 224 ORDER granting #218 MOTION for Leave to File Documents Under Seal. Plaintiffs may file their responses and supporting exhibits under seal on or before 12/5/2019. The Court does not require Defendants to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 11/27/2019. (dlg)
December 2, 2019 Opinion or Order Filing 223 ORDER granting #219 Motion for Leave to File Excess Pages. Plaintiffs shall have up to and including 50 pages each for their Briefs in Opposition to Defendants' Daubert Motions. Signed by Judge Kim R. Gibson on 11/27/2019. (dlg)
November 27, 2019 Opinion or Order Filing 222 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #216 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit YYYYY, #2 Exhibit ZZZZZ, #3 Exhibit AAAAAA, #4 Exhibit BBBBBB, #5 Exhibit CCCCCC, #6 Exhibit DDDDDD, #7 Exhibit EEEEEE, #8 Exhibit FFFFFF, #9 Exhibit GGGGGG, #10 Exhibit HHHHHH, #11 Exhibit IIIIII, #12 Exhibit JJJJJJ, #13 Exhibit KKKKKK, #14 Exhibit LLLLLL, #15 Exhibit MMMMMM, #16 Exhibit NNNNNN, #17 Exhibit OOOOOO, #18 Exhibit PPPPPP, #19 Exhibit QQQQQQ, #20 Exhibit RRRRRR, #21 Exhibit SSSSSS, #22 Exhibit TTTTTT, #23 Exhibit UUUUUU, #24 Exhibit VVVVVV, #25 Exhibit WWWWWW, #26 Exhibit XXXXXX, #27 Exhibit YYYYYY, #28 Exhibit ZZZZZZ, #29 Exhibit AAAAAAA, #30 Exhibit BBBBBBB, #31 Exhibit CCCCCCC, #32 Exhibit DDDDDDD, #33 Exhibit EEEEEEE, #34 Exhibit FFFFFFF, #35 Exhibit GGGGGGG, #36 Exhibit HHHHHHH, #37 Exhibit IIIIIII, #38 Exhibit JJJJJJJ, #39 Exhibit KKKKKKK, #40 Exhibit LLLLLLL, #41 Exhibit MMMMMMM, #42 Exhibit NNNNNNN) (cjo)
November 27, 2019 Opinion or Order Filing 221 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #216 Order on Motion for Leave to File Documents Under Seal, (cjo)
November 27, 2019 Opinion or Order Filing 220 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #216 Order on Motion for Leave to File Documents Under Seal, (cjo)
November 26, 2019 Opinion or Order Filing 219 Unopposed MOTION for Leave to File Excess Pages by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
November 26, 2019 Opinion or Order Filing 218 Unopposed MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
November 25, 2019 Opinion or Order Filing 217 ORDER granting #215 Unopposed Motion for Extension of Page Limit for Reply Brief in Support of Summary Judgment. Defendants' Reply Brief in support of Summary Judgment shall not exceed 50 pages. Signed by Judge Kim R. Gibson on 11/22/2019. (dlg)
November 25, 2019 Opinion or Order Filing 216 ORDER granting #214 MOTION for Leave to File Documents Under Seal. Defendants may file their Reply Brief and Statement of Facts, and any accompanying exhibits, under seal. The Court finds there is no need to file a redacted version. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 11/22/2019. (dlg)
November 22, 2019 Opinion or Order Filing 215 Unopposed MOTION for Leave to File Excess Pages by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
November 22, 2019 Opinion or Order Filing 214 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
November 15, 2019 Opinion or Order Filing 213 ORDER granting #212 Joint Motion for Extension of Time to File Defendants' Summary Judgment Reply and Plaintiffs' Response to Defendants' Daubert Motions. Defendants' Reply Brief and Statement of Facts in Support of Defendants' Motion for Summary Judgment is due on November 27, 2019. Plaintiffs' Responses to Defendants' Daubert motions are due on December 5, 2019. Defendants' Reply Briefs in Support of their Daubert Motions are due on January 9, 2020. Signed by Judge Kim R. Gibson on 11/15/2019. (dlg)
November 15, 2019 Opinion or Order NOTICE of Hearing: Oral Argument scheduled for 12/17/2019 is RESCHEDULED to 1/16/2020, at 1:00 p.m. in Courtroom A - Johnstown before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
November 14, 2019 Opinion or Order Filing 212 Joint MOTION for Extension of Time to File Summary Judgment Reply and Responses to Daubert Motions by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
October 24, 2019 Opinion or Order Filing 211 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit AAAAA, #2 Exhibit BBBBB, #3 Exhibit CCCCC, #4 Exhibit DDDDD, #5 Exhibit EEEEE, #6 Exhibit FFFFF, #7 Exhibit GGGGG, #8 Exhibit HHHHH, #9 Exhibit IIIII, #10 Exhibit JJJJJ, #11 Exhibit KKKKK, #12 Exhibit LLLLL, #13 Exhibit MMMMM, #14 Exhibit NNNNN, #15 Exhibit OOOOO, #16 Exhibit PPPPP, #17 Exhibit QQQQQ, #18 Exhibit RRRRR, #19 Exhibit SSSSS, #20 Exhibit TTTTT, #21 Exhibit UUUU, #22 Exhibit UUUUU, #23 Exhibit VVVV, #24 Exhibit VVVVV, #25 Exhibit WWWW, #26 Exhibit WWWWW, #27 Exhibit XXXX, #28 Exhibit XXXXX, #29 Exhibit YYYY, #30 Exhibit ZZZZ) (cjo)
October 24, 2019 Opinion or Order Filing 210 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 24, 2019 Opinion or Order Filing 209 SEALED MOTION (This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, ), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (cjo)
October 24, 2019 Opinion or Order Filing 208 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 24, 2019 Opinion or Order Filing 207 SEALED MOTION (This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (cjo)
October 24, 2019 Opinion or Order Filing 206 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 24, 2019 Opinion or Order Filing 205 SEALED MOTION (This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (cjo)
October 24, 2019 Opinion or Order Filing 204 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 24, 2019 Opinion or Order Filing 203 SEALED MOTION (This document Sealed pursuant to #198 Order on Motion for Leave to File Documents Under Seal, ), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (cjo)
October 22, 2019 Opinion or Order Filing 199 ORDER granting #197 Motion for Leave to File Excess Pages. Any brief filed in support of a Daubert motion shall not exceed 45 pages. Signed by Judge Kim R. Gibson on 10/22/2019. (dlg)
October 22, 2019 Opinion or Order Filing 198 ORDER granting #196 MOTION for Leave to File Documents Under Seal. Defendants may file their Daubert motions challenging testimony offered by Plaintiffs' experts and any accompanying briefs and exhibits under seal. The Court finds there is no need to file a redacted version. < Document Sealed Permanently. Signed by Judge Kim R. Gibson on 10/22/2019. (dlg)
October 21, 2019 Opinion or Order Filing 202 SEALED DOCUMENT Appendix and Exhibits 1 - 115 by UPMC, UPMC ALTOONA. This document Sealed pursuant to #194 Order on Motion for Leave to File Documents Under Seal, (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, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115) (cjo)
October 21, 2019 Opinion or Order Filing 201 SEALED DOCUMENT Memorandum in Opposition to #177 Motion for Summary Judgment by UPMC, UPMC ALTOONA. This document Sealed pursuant to #194 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 21, 2019 Opinion or Order Filing 200 SEALED DOCUMENT Statement of Facts by UPMC, UPMC ALTOONA. This document Sealed pursuant to #194 Order on Motion for Leave to File Documents Under Seal, (cjo)
October 21, 2019 Opinion or Order Filing 197 Unopposed MOTION for Leave to File Excess Pages in Support of Defendants' Daubert Motions by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
October 21, 2019 Opinion or Order Filing 196 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
October 17, 2019 Opinion or Order Filing 195 ORDER granting #189 Motion for Leave to File Excess Pages. Plaintiffs shall have up to and including 90 pages for their Brief in opposition to Defendants' Motion for Summary Judgment. Signed by Judge Kim R. Gibson on 10/16/2019. (dlg)
October 17, 2019 Opinion or Order Filing 194 ORDER granting #188 MOTION for Leave to File Documents Under Seal. Plaintiffs may file their response, statement of fact, and supporting exhibits under seal on or before 10/21/2019. The Court finds that it is not necessary to file a redacted copy. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 10/16/2019. (dlg)
October 17, 2019 Opinion or Order Filing 193 ORDER re #191 Notice of Extension of Deadline filed by UPMC ALTOONA, UPMC - said Notice of Extension of Deadline IS SO ORDERED. Signed by Judge Kim R. Gibson on 10/17/2019. (dlg)
October 17, 2019 Opinion or Order Filing 192 ORDER granting #190 Motion to Continue Oral Argument. Oral Argument on Defendants' Motion for Summary Judgment is continued to 12/17/2019, at 10:00 a.m. Signed by Judge Kim R. Gibson on 10/16/2019. (dlg)
October 17, 2019 Opinion or Order Set/Reset Hearings: Oral Argument is RESCHEDULED to 12/17/2019 at 10:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. (dlg)
October 15, 2019 Opinion or Order Filing 191 NOTICE of Extension of Deadline by UPMC, UPMC ALTOONA re #187 Order on Motion for Extension of Time to File, (Lawson, Sara)
October 15, 2019 Opinion or Order Filing 190 Unopposed MOTION to Continue Oral Argument by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
October 15, 2019 Opinion or Order Filing 189 Unopposed MOTION for Leave to File Excess Pages by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
October 15, 2019 Opinion or Order Filing 188 Unopposed MOTION for Leave to File Documents Under Seal by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
September 27, 2019 Opinion or Order Filing 187 ORDER granting #186 Joint Motion for Extensions of Time to File Plaintiffs' Summary Judgment Response Brief and to File Defendants' Daubert Motions. Plaintiffs' Response Brief is due 10/21/2019 and Defendants' Daubert Motions are due 10/24/2019. Signed by Judge Kim R. Gibson on 9/27/2019. (dlg)
September 26, 2019 Opinion or Order Filing 186 Joint MOTION for Extension of Time to File Response to Motion for Summary Judgment and Daubert Motions by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Fanter, Guenther)
September 19, 2019 Opinion or Order Filing 185 ORDER granting #184 Motion for Oral Argument on Motion for Summary Judgment. Oral Argument is set for 12/2/2019, at 10:00 a.m. Signed by Judge Kim R. Gibson on 9/19/2019. (dlg)
September 19, 2019 Opinion or Order Set/Reset Hearings: Oral Argument set for 12/2/2019 at 10:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. (dlg)
September 16, 2019 Opinion or Order Filing 184 MOTION for Oral Argument on Defendants' Motion for Summary Judgment re #177 SEALED MOTION filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
September 10, 2019 Opinion or Order Filing 183 SEALED DOCUMENT (Appendix of Exhibits) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit AAAA, #2 Exhibit BBBB, #3 Exhibit CCCC, #4 Exhibit DDDD, #5 Exhibit EEEE, #6 Exhibit FFFF, #7 Exhibit GGGG, #8 Exhibit HHHH, #9 Exhibit IIII, #10 Exhibit JJJJ, #11 Exhibit KKKK, #12 Exhibit LLLL, #13 Exhibit MMMM, #14 Exhibit NNNN, #15 Exhibit OOOO, #16 Exhibit PPPP, #17 Exhibit TTTT) (cjo)
September 10, 2019 Opinion or Order Filing 182 SEALED DOCUMENT (Appendix of Exhibits) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit AAA, #2 Exhibit BBB, #3 Exhibit CCC, #4 Exhibit DDD, #5 Exhibit EEE, #6 Exhibit FFF, #7 Exhibit GGG, #8 Exhibit HHH, #9 Exhibit III, #10 Exhibit JJJ, #11 Exhibit KKK, #12 Exhibit LLL, #13 Exhibit MMM, #14 Exhibit NNN, #15 Exhibit OOO, #16 Exhibit PPP, #17 Exhibit QQQ, #18 Exhibit RRR, #19 Exhibit SSS, #20 Exhibit TTT, #21 Exhibit UUU, #22 Exhibit VVV, #23 Exhibit WWW, #24 Exhibit XXX, #25 Exhibit YYY, #26 Exhibit ZZZ) (cjo)
September 10, 2019 Opinion or Order Filing 181 SEALED DOCUMENT (Appendix of Exhibits) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit AA, #2 Exhibit BB, #3 Exhibit CC, #4 Exhibit DD, #5 Exhibit EE, #6 Exhibit FF, #7 Exhibit GG, #8 Exhibit HH, #9 Exhibit II, #10 Exhibit JJ, #11 Exhibit KK, #12 Exhibit LL, #13 Exhibit MM, #14 Exhibit NN, #15 Exhibit OO, #16 Exhibit PP, #17 Exhibit QQ, #18 Exhibit RR, #19 Exhibit SS, #20 Exhibit TT, #21 Exhibit UU, #22 Exhibit VV, #23 Exhibit WW, #24 Exhibit XX, #25 Exhibit YY, #26 Exhibit ZZ) (cjo)
September 10, 2019 Opinion or Order Filing 180 Appendix to #177 Sealed Motion, #175 Order on Motion for Leave to File Documents Under Seal, by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z) (cjo)
September 10, 2019 Opinion or Order Filing 179 SEALED DOCUMENT (Statement of Material Undisputed Facts) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (cjo)
September 10, 2019 Opinion or Order Filing 178 SEALED DOCUMENT (Brief in Support of Motion for Summary Judgment) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (cjo)
September 10, 2019 Opinion or Order Filing 177 SEALED MOTION FOR SUMMARY JUDGMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #175 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Proposed Order)
September 9, 2019 Opinion or Order Filing 176 ORDER granting #174 Motion for Extension of Page Limit for Brief in Support of Summary Judgment and Defendants shall have up to and including 85 pages for their Brief in Support of Summary Judgment. Signed by Judge Kim R. Gibson on 9/6/2019. (dlg)
September 9, 2019 Opinion or Order Filing 175 ORDER granting #174 MOTION for Leave to File Documents Under Seal. Defendants may file their summary judgment motion, brief, statement of facts, and accompanying exhibits under seal. The Court does not require Defendants to file a redacted copy. ( Document Sealed Permanently). Signed by Judge Kim R. Gibson on 9/6/2019. (dlg)
September 6, 2019 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #174 Motion for Leave to File Documents Under Seal, Motion for Leave to File Excess Pages. ERROR 1: Wrong event selected. CORRECTION: Modified original entry as MOTION for leave to file documents under seal. ERROR 2: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added MOTION for Leave to File Excess Pages for Brief in Support of Summary Judgment. This message is for informational purposes only. (jv)
September 5, 2019 Opinion or Order Filing 174 Unopposed MOTION for Leave to File Motion for Summary Judgment Brief and Exhibits under Seal and for Extension of Pages to File Brief in Support of Motion for Summary Judgment by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order - Page Extension, #2 Proposed Order - To File under Seal) (Vargo, Ernest) Modified text on 9/6/2019 to change motion to MOTION for leave to file documetns under seal. (jv). Added MOTION for Leave to File Excess Pages for Brief in Support of Summary Judgment on 9/6/2019 (jv)
June 28, 2019 Opinion or Order Filing 173 AMENDED FINAL SCHEDULING ORDER: Plaintiff(s) Pretrial Statement due by 1/10/2020; Defendant(s) Pretrial Statement due by 2/14/2020; Summary Judgment due by 9/10/2019; Response to Summary Judgment due by 10/14/2019; Motions in Limine due by 3/13/2020; Response to Motions in Limine due by 3/27/2020; Pretrial Conference set for 4/3/2020 at 10:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. Jury Trial set for 5/4/2020 at 9:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson, and as more fully stated in said Amended Final Scheduling Order. Signed by Judge Kim R. Gibson on 6/28/2019. (dlg)
June 28, 2019 Opinion or Order Filing 172 Joint MOTION to Amend/Correct #171 Case Management Order,Final Scheduling Order by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
December 14, 2018 Opinion or Order Filing 171 FINAL SCHEDULING ORDER: Plaintiffs shall provide Defendants with their rebuttal expert reports by 12/24/2018. The time to complete fact discovery on Altoona's damages is extended to, and shall be completed by, 1/31/2019. The deadline to complete expert depositions is extended to 4/15/2019. The parties shall conduct a mediation no later than 6/5/2019. The parties shall file motions for summary judgment on or before 7/10/2019. The nonmoving party's response to the motion for summary judgment is due on 8/12/2019. Any reply brief is due on 9/16/2019. The parties shall file Daubert motions on or before 8/12/2019. The nonmoving party's response to a Daubert motion is due on 9/16/2019. Any reply brief id due on 10/16/2019. Plaintiff(s) Pretrial Narrative Statement is due on 11/4/2019. Defendant(s) Pretrial Narrative is due on 12/4/2019. Any motions in limine, proposed points for charge and proposed voir dire is due no later than 1/13/2020. The nonmoving party's response is due no later than 1/27/2020. A Pretrial Conference is scheduled for 2/3/2020, at 10:00 a.m. The case shall presumptively be called for trial on 3/2/2020, at 9:00 a.m. and is expected to last four to six weeks, and as more fully stated in said Final Scheduling Order. Signed by Judge Kim R. Gibson on 12/13/2018. (dlg)
December 12, 2018 Opinion or Order Filing 170 Joint Proposed Final Scheduling Order by UPMC, UPMC ALTOONA. (Lawson, Sara)
December 11, 2018 Opinion or Order Filing 169 ORDER re #167 Notice of Withdrawal of Motion to Reopen Fact Discovery filed by UPMC ALTOONA - Said Motion to Reopen Fact Discovery for the Limited Purpose of Producing a Single Witness, ECF No. #153 is Withdrawn because the parties have reached agreement on the matters set forth in the Motion. SAID NOTICE IS SO ORDERED. Signed by Judge Kim R. Gibson on 12/11/2018. (dlg)
December 11, 2018 Opinion or Order Filing 168 Minute Entry for proceedings held before Judge Kim R. Gibson: A post-discovery status conference was held with counsel appearing in person on 12/7/2018. The Court asked counsel to enter their appearances and then asked Plaintiffs' counsel to begin by updating the Court on the progress of the case, and as more fully stated in said Conference Memo. (Court Reporter: Curt Rose) (dlg)
December 10, 2018 Opinion or Order Filing 167 NOTICE of Withdrawal of Motion to Reopen Fact Discovery by UPMC ALTOONA re #153 Motion for Miscellaneous Relief (Lawson, Sara)
December 6, 2018 Opinion or Order Filing 166 SEALED DOCUMENT by UPMC ALTOONA. This document Sealed pursuant to #162 Order on Motion for Leave to File Documents Under Seal. (jv)
December 6, 2018 Opinion or Order Filing 165 Errata re #164 BRIEF in Opposition re #153 Motion To Reopen Fact Discovery for the Limited Purpose of Producing a Single Additional Witness (Redacted) filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
December 6, 2018 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #164 Brief in Opposition to Motion. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jv)
December 4, 2018 Opinion or Order Filing 164 BRIEF in Opposition re #153 Motion To Reopen Fact Discovery for the Limited Purpose of Producing a Single Additional Witness (Redacted) filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
November 30, 2018 Opinion or Order Filing 163 Proposed Order Joint Filing of Proposed Final Scheduling Orders by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A-Plaintiffs' Proposed Schedule, #2 Exhibit B - Defendants' Proposed Schedule) (Lawson, Sara)
November 30, 2018 Opinion or Order Filing 162 ORDER granting #161 MOTION for Leave to File a Reply, Under Seal, in Support of Motion to Reopen Fact Discovery for a Limited Purpose. UPMC Altoona may file a reply and supporting exhibits under seal, no later than three business days from the date of this Order. UPMC Altoona will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 11/30/2018. (dlg)
November 29, 2018 Opinion or Order Filing 161 Unopposed MOTION for Leave to File Reply Under Seal by UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara) Modified entry to change event to Motion for leave to file under seal on 11/30/2018. (jv)
November 26, 2018 Opinion or Order Filing 160 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #159 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (jv)
November 26, 2018 Opinion or Order Filing 159 ORDER granting #158 Motion for Leave to File Response to Plaintiffs' Motion to Reopen Fact Discovery Under Seal. Defendants may file their response to plaintiffs' motion to reopen fact discovery and accompanying exhibits under seal. After the response is filed, CBIZ will file a redacted copy on the public docket. < Document Sealed Permanently. Signed by Judge Kim R. Gibson on 11/26/2018. (dlg)
November 21, 2018 Opinion or Order Filing 158 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
November 5, 2018 Opinion or Order Filing 157 ORDER granting #156 Motion for Extension of Time to Respond to Plaintiffs' Motion to Reopen Fact Discovery. Defendants' response is due on 11/26/2018. Signed by Judge Kim R. Gibson on 11/5/2018. (dlg)
November 2, 2018 Opinion or Order Filing 156 Unopposed MOTION for Extension of Time to File Response/Reply as to #153 MOTION To Reopen Fact Discovery for the Limited Purpose of Producing a Single Additional Witness by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
November 1, 2018 Opinion or Order Filing 155 BRIEF in Support re #153 Motion to Reopen Fact Discovery for the Limited Purpose of Producing a Single Additional Witness (Redacted) filed by UPMC ALTOONA. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted, #7 Exhibit G - Redacted, #8 Exhibit H - Redacted, #9 Exhibit I - Redacted, #10 Exhibit J - Redacted) (Lawson, Sara)
October 31, 2018 Opinion or Order Filing 154 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #152 Order on Motion for Leave to File Documents Under Seal. (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) (jv)
October 31, 2018 Opinion or Order Filing 153 MOTION To Reopen Fact Discovery for the Limited Purpose of Producing a Single Additional Witness by UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
October 31, 2018 Opinion or Order Filing 152 ORDER granting #150 MOTION for Permission to File Brief in Support of Motion to Reopen Fact Discovery for a Limited Purpose Under Seal and UPMC Altoona may file the brief and supporting exhibits under seal. After the brief is filed, Plaintiffs will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 10/29/2018. (dlg)
October 29, 2018 Opinion or Order Filing 151 ORDER OF COURT granting #149 Joint Motion to Amend Deadline. Counsel shall jointly submit to the Court a proposed final scheduling order on or before 11/30/2018. Signed by Judge Kim R. Gibson on 10/26/2018. (dlg)
October 26, 2018 Opinion or Order Filing 150 Unopposed MOTION for Leave to File Documents Under Seal by UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
October 23, 2018 Opinion or Order Filing 149 Joint MOTION to Amend/Correct Deadline by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
September 28, 2018 Opinion or Order Filing 148 SEALED MEMORANDUM OPINION AND ORDER. Signed by Judge Kim R. Gibson on 9/28/2018. (dlg)
September 25, 2018 Opinion or Order Filing 147 REPLY BRIEF in Support of Motion to Compel filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
September 21, 2018 Opinion or Order Filing 146 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #144 Order on Motion for Leave to File Documents Under Seal, (jv)
September 21, 2018 Opinion or Order Filing 145 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #138 Order on Motion for Leave to File Documents Under Seal. (Attachments: #1 Exhibit B) (jv)
September 21, 2018 Opinion or Order Filing 144 ORDER granting #143 Unopposed Motion for Permission to File Defendants' Reply Brief in Support of Motion to Compel Under Seal and Defendants may file their reply under seal. After the reply is filed, CBIZ will file a redacted copy on the public docket. < Document Sealed Permanently. Signed by Judge Kim R. Gibson on 9/21/2018. (dlg)
September 20, 2018 Opinion or Order Filing 143 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
September 18, 2018 Opinion or Order Filing 142 ORDER granting #141 Motion for Leave to File Reply Brief in Support of Motion to Compel. Defendants shall file any reply brief within three business days of the date of this order. Signed by Judge Kim R. Gibson on 9/18/2018. (dlg)
September 18, 2018 Opinion or Order Filing 141 Unopposed MOTION for Leave to File Reply Brief in Support of Motion to Compel by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
September 17, 2018 Opinion or Order Filing 140 EXHIBITS A & B (Redacted) in Support of #139 Response to Motion, by UPMC. (Attachments: #1 Exhibit) (Lawson, Sara)
September 14, 2018 Opinion or Order Filing 139 RESPONSE to Motion re #132 Redacted MOTION to Compel Documents , #130 SEALED MOTION (This document Sealed pursuant to #129 Order on Motion for Leave to File Documents Under Seal, ), filed by UPMC. (Attachments: #1 Proposed Order) (Lawson, Sara)
September 14, 2018 Opinion or Order Filing 138 ORDER granting #137 MOTION for Leave to File Documents Under Seal and UPMC may file the Exhibits to its response in opposition to Defendants' motion to compel under seal. After the motion is filed, UPMC will file redacted copies of the Exhibits on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 9/14/2018. (dlg)
September 14, 2018 Opinion or Order Filing 137 Unopposed MOTION for Leave to File Documents Under Seal by UPMC. (Attachments: #1 Proposed Order) (Lawson, Sara)
September 12, 2018 Opinion or Order Filing 136 ORDER OF COURT granting #127 Joint Motion to Continue Post-Discovery Status Conference. The Post-Discovery Status Conference currently scheduled for 11/1/2018 is continued to 12/7/2018, at 1:30 p.m. Signed by Judge Kim R. Gibson on 9/12/2018. (dlg)
September 11, 2018 Opinion or Order Filing 135 ORDER granting #134 Motion for Extension of Time to File Response. Plaintiffs shall respond to Defendants' Motion to Compel on or before 9/14/2018. Signed by Judge Kim R. Gibson on 9/11/2018. (dlg)
September 11, 2018 Opinion or Order Filing 134 Unopposed MOTION for Extension of Time to File Response/Reply as to #132 Redacted MOTION to Compel Documents , #133 Brief in Support of Motion by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
September 5, 2018 Opinion or Order Filing 133 BRIEF in Support re #132 Motion to Compel, Redacted Version filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
September 5, 2018 Opinion or Order Filing 132 Redacted MOTION to Compel Documents by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Vargo, Ernest)
September 4, 2018 Opinion or Order Filing 131 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #129 Order on Motion for Leave to File Documents Under Seal, (jv)
September 4, 2018 Opinion or Order Filing 130 SEALED MOTION (This document Sealed pursuant to #129 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (jv)
August 31, 2018 Opinion or Order Filing 129 ORDER granting #128 MOTION for Leave to File Documents Under Seal. Defendants may file their motion to compel and accompanying exhibits under seal. After the motion is filed, CBIZ will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 8/31/2018. (dlg) Modified on 2/11/2019 to terminate deadlines. (jv)
August 31, 2018 Opinion or Order Filing 128 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A) (Vargo, Ernest)
August 31, 2018 Opinion or Order Filing 127 Joint MOTION to Continue Post-Discovery Status Conference by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
August 13, 2018 Opinion or Order Filing 126 MEMORANDUM ORDER granting #121 Motion to Amend/Correct; granting #122 Motion to Amend/Correct. It is Ordered that the 4/6/2018 Scheduling Order (ECF No. #106 ) is AMENDED as follows: All fact discovery shall be completed on or before 10/5/2018. Plaintiffs shall provide Defendants with their initial expert report as required by Rule 26(a)(2) on or before 10/19/2018. Defendants shall provide Plaintiffs with their initial expert reports as required by Rule 26(a)(2) on or before 11/19/2018. Plaintiffs shall provide Defendants with their rebuttal expert reports on or before 12/19/2018. The deposition of all experts shall be completed on or before 2/6/2019. The Post-Discovery Status Conference, currently scheduled for 10/2/2018 is rescheduled for 11/1/2018, at 11:00 a.m. Counsel shall jointly submit to the Court a proposed final scheduling order on or before 10/25/2018. Signed by Judge Kim R. Gibson on 8/13/2018. (dlg)
August 13, 2018 Opinion or Order Filing 125 BRIEF in Opposition re #122 Motion to Amend/Correct, filed by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order Denying Motion to Amend Scheduling Order) (Lawson, Sara)
August 13, 2018 Opinion or Order Set/Reset Scheduling Order Deadlines: All fact discovery shall be completed by 10/5/2018. Post-Discovery Status Conference is rescheduled to 11/1/2018, at 11:00 a.m. (dlg)
August 6, 2018 Opinion or Order Filing 123 ORDER Response/Briefing Schedule re #122 Motion to Amend/Correct, Plaintiffs Response and/or Brief in Opposition due by 8/13/2018; Signed by Judge Kim R. Gibson on 8/6/2018. (plp)
August 6, 2018 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #122 Motion to Amend/Correct. ERROR: Brief should have been filed as a separate document. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed #124 BRIEF in Support re #122 Motion to Amend/Correct. This message is for informational purposes only. (jv)
August 3, 2018 Opinion or Order Filing 124 BRIEF in Support re #122 Motion to Amend/Correct, filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (jv)
August 3, 2018 Opinion or Order Filing 122 MOTION to Amend/Correct #106 Order on Motion to Amend/Correct,, #121 Joint MOTION to Amend/Correct #106 Order on Motion to Amend/Correct,, Discovery Schedule Scheduling Order by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Brief in Support, #2 Proposed Order) (Vargo, Ernest)
August 3, 2018 Opinion or Order Filing 121 Joint MOTION to Amend/Correct #106 Order on Motion to Amend/Correct,, Discovery Schedule by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
May 25, 2018 Opinion or Order Filing 120 ORDER granting #118 Motion for William J. Murphy to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 5/25/2018. (dlg)
May 24, 2018 Opinion or Order Filing 119 Proposed Order re #118 Motion to Appear Pro Hac Vice by UPMC, UPMC ALTOONA. (Murphy, William)
May 24, 2018 Opinion or Order Filing 118 MOTION for attorney William J. Murphy to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4742100) by UPMC, UPMC ALTOONA. (Attachments: #1 Affidavit) (Murphy, William)
May 7, 2018 Opinion or Order Filing 117 MEMORANDUM OPINION AND ORDER granting in part and denying in part #116 Errata to #107 Motion for Reconsideration, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 5/7/2018. (dlg)
April 26, 2018 Opinion or Order Filing 116 Errata re #107 Motion for Reconsideration by UPMC, UPMC ALTOONA. Reason for Correction: The last page of Ex. B was inadvertently omitted. (Lawson, Sara)(#1 Exhibit A, #2 Exhibit B, #3 Exhibit H, #4 Proposed Order) (cel). Modified on 4/26/2018. (cel)
April 24, 2018 Opinion or Order Filing 115 REDACTION to #114 Sealed Document, Public Version of CBIZ's Response to UPMC's Motion for Reconsideration by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (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) (Vargo, Ernest)
April 23, 2018 Opinion or Order Filing 114 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #113 Order on Motion for Leave to File Documents Under Seal, (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) (cel)
April 20, 2018 Opinion or Order Filing 113 ORDER granting #112 MOTION for Leave to File Documents Under Seal. Defendants may file their response to plaintiffs' motion for reconsideration and accompanying exhibits under seal. After the response is filed, CBIZ will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 4/20/2018. (dlg) Modified on 4/23/2018. (cel)
April 20, 2018 Opinion or Order Filing 112 Unopposed MOTION for Leave to File Documents Under Seal by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
April 16, 2018 Opinion or Order Filing 111 ORDER granting #110 Motion for Leave to Respond to Plaintiffs' Motion for Reconsideration by April 23, 2018. Defendants shall file any responsive brief by 4/23/2018. Signed by Judge Kim R. Gibson on 4/16/2018. (dlg)
April 12, 2018 Opinion or Order Filing 110 MOTION for Leave to File Response to Plaintiffs' #107 Motion For Reconsideration by April 23, 2018 by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest) Modified on 4/12/2018. (cel)
April 11, 2018 Opinion or Order Filing 109 ORDER granting #108 Motion for Permission to Submit Documents In Camera and Plaintiffs are instructed to deliver or mail hard copies of these purportedly privileged documents to the Court as soon as possible. It is further Ordered that, given Plaintiffs' Pending Motion for Limited Reconsideration of the March 29, 2018 Order (ECF No. #107 ), the deadline by which Plaintiffs must produce all documents and communications to Defendants' discovery requests numbered 106, 107, and 109-112 is NOW RESET to be within 7 days of this Court's decision on the Motion for Limited Reconsideration (ECF No. #107 ), unless that date is extended by agreement of the parties or subsequent order of this Court. Signed by Judge Kim R. Gibson on 4/11/2018. (dlg)
April 9, 2018 Opinion or Order Filing 108 MOTION for In Camera Review by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
April 9, 2018 Opinion or Order Filing 107 ERROR: EXHIBIT B IS INCORRECT; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; MOTION for Reconsideration re #103 Order on Motion to Compel, by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit H, #4 Proposed Order) (Smith, Cyril) Modified on 4/26/2018. (cel)
April 6, 2018 Opinion or Order Filing 106 ORDER granting #104 Motion to Amend/Correct. All fact discovery shall be completed by 8/15/2018. The parties shall exchange their initial expert reports as required by Rule 26(a)(2) on 8/22/2016. The parties shall exchange their rebuttal expert reports on 9/21/2018. The deposition of all experts shall be completed no later than 11/16/2018. The post-discovery status conference is scheduled for 10/2/2018, at 11:30 a.m. Counsel will jointly submit to the Court a proposed Final Scheduling Order on or before 9/22/2018. Signed by Judge Kim R. Gibson on 4/6/2018. (dlg)
April 6, 2018 Opinion or Order Set/Reset Hearings: Post-Discovery Status Conference set for 10/2/2018, at 11:30 AM before Judge Kim R. Gibson. (dlg)
April 5, 2018 Opinion or Order Filing 105 ERROR: DOCUMENT FILED IN ERROR; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; Modified on 4/9/2018. (cel)
April 5, 2018 Opinion or Order Filing 104 Joint MOTION to Amend/Correct #71 Case Management Order by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara) Modified on 4/6/2018. (cel)
March 29, 2018 Opinion or Order Filing 103 MEMORANDUM OPINION AND ORDER granting #75 Motion to Compel. Specifically, it is Ordered that Plaintiffs produce all documents and communications to Defendants' requests numbered 106, 107, and 109-112 within 14 days of the date of this Order, unless that date is extended by agreement of the parties or subsequent order of this Court, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/29/2018. (dlg)
March 26, 2018 Opinion or Order Filing 102 REDACTION to #101 Sealed Document, #99 Order on Motion for Leave to File Documents Under Seal, Exhibit A Public Version to UPMC Supplemental Brief by UPMC, UPMC ALTOONA. (Smith, Cyril)
March 26, 2018 Opinion or Order Filing 101 SEALED DOCUMENT by UPMC, UPMC ALTOONA. This document Sealed pursuant to #99 Order on Motion for Leave to File Documents Under Seal. (jjg)
March 26, 2018 Opinion or Order Filing 100 BRIEF in Opposition re #96 Motion for Leave to File Supplmental Brief Addressing the Attorney-Client Privilege and Work-Product Protection Over EY Communicatoins filed by UPMC, UPMC ALTOONA. (Smith, Cyril)
March 23, 2018 Opinion or Order Filing 99 ORDER granting #98 MOTION for Leave to File Documents Under Seal. UPMC may file Exhibit A to its Supplemental Brief Addressing the Attorney-Client Privilege and Work-Product Protection Over Ernst & Young Communications under seal. After the motion is filed, UPMC will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 3/23/2018. (dlg) Modified on 4/12/2018. (cel)
March 23, 2018 Opinion or Order Filing 98 Unopposed MOTION for Leave to File Documents Under Seal to its Supplemental Brief Addressing the Attorney Client Privilege and Work Product Protection by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Smith, Cyril)
March 21, 2018 Opinion or Order Filing 97 ORDER granting #96 Motion for Leave to File a Supplemental Brief Addressing the Attorney-Client Privilege and Work-Product Protection over Ernst & Young Communications. Plaintiffs shall file the supplemental brief within three business days of the date of this order. Signed by Judge Kim R. Gibson on 3/21/2018. (dlg)
March 20, 2018 Opinion or Order Filing 96 MOTION for Leave to File Supplemental Brief Addressing the Attorney-Client Privilege and Work-Product Protections over Ernst & Young Communications [CORRECTED] by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
March 19, 2018 Opinion or Order Filing 95 MOTION for Leave to File Supplemental Brief Addressing the Attorney-Client Privilege and Work-Product Protection over Ernst & Young Communications by UPMC. (Attachments: #1 Proposed Order Granting Leave to File Supplemental Brief) (Lawson, Sara)
March 14, 2018 Opinion or Order Filing 94 BRIEF in Support of #75 MOTION to Compel Documents regarding Plaintiffs' Privilege Claim - Redacted Copy filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
March 9, 2018 Opinion or Order Filing 93 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #91 Order on Motion for Leave to File Documents Under Seal (cel)
March 9, 2018 Opinion or Order Filing 92 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #91 Order on Motion for Leave to File Documents Under Seal, (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E) (cel)
March 9, 2018 Opinion or Order Filing 91 ORDER granting #90 MOTION for Leave to File Documents Under Seal. Defendants may file their motion to compel and accompanying exhibits under seal. After the motion is filed, CBIZ will file a redacted copy on the public docket. Document Sealed Permanently. Signed by Judge Kim R. Gibson on 3/9/2018. (dlg) Modified on 4/12/2018. (cel)
March 8, 2018 Opinion or Order Filing 90 Unopposed MOTION for Leave to File Documents Under Seal for Supplemental Brief in Support of Defendants' #75 Motion to Compel by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest) Modified on 3/9/2018. (cel)
February 23, 2018 Opinion or Order Filing 89 BRIEF in accordance with #87 Order, Addressing Attorney-Client Privilege and Work-Product Protection filed by UPMC. (Lawson, Sara) Modified on 2/23/2018. (cel)
February 12, 2018 Opinion or Order Filing 88 ANSWER to #81 Amended Complaint by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
February 9, 2018 Opinion or Order Filing 87 ORDER - upon consideration of the arguments raised by Defendants in their Reply Brief in Support of Defendants' Motion to Compel (ECF No. #86 ), it is hereby Ordered as follows: Plaintiffs shall file a brief and/or other appropriate support for their assertion of privilege on or before 2/23/2018. Defendants are granted leave to respond to any such filings on or before 3/9/2018. Signed by Judge Kim R. Gibson on 2/9/2018. (dlg)
February 8, 2018 Opinion or Order Filing 86 REPLY BRIEF in Support of #75 Motion to Compel filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest) Modified on 2/9/2018. (cel)
February 6, 2018 Opinion or Order Filing 85 ORDER granting #84 Motion for Leave to File Reply Brief in Support of Motion to Compel. Defendants shall file any reply brief within three business days of the date of this order. Signed by Judge Kim R. Gibson on 2/6/2018. (dlg)
February 1, 2018 Opinion or Order Filing 84 MOTION for Leave to File Reply Brief in Support of #75 Motion to Compel by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest) Modified on 2/1/2018. (cel)
February 1, 2018 Opinion or Order Filing 83 Errata re #82 Response to Motion, by UPMC, UPMC ALTOONA. Reason for Correction: Typographical (date) error in FN 1, pg 1. (Attachments: #1 Proposed Order) (Lawson, Sara)
February 1, 2018 Opinion or Order Filing 82 ERROR: TYPOGRAPHICAL ERROR ON DOCUMENT; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; RESPONSE to Motion re #75 MOTION to Compel Documents filed by UPMC. (Attachments: #1 Proposed Order Denying Motion to Compel) (Lawson, Sara) Modified on 2/1/2018. (cel)
January 30, 2018 Opinion or Order Filing 80 ORDER granting #79 Motion for Leave to Amend Complaint. It is further Ordered that Plaintiffs' First Amended Complaint be deemed filed as 1/29/2018. Signed by Judge Kim R. Gibson on 1/30/2018. (dlg)
January 29, 2018 Opinion or Order Filing 81 AMENDED COMPLAINT against CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., and JON S. KETZNER filed by UPMC, UPMC ALTOONA. (cel)
January 29, 2018 Opinion or Order Filing 79 MOTION for Leave to File First Amended Complaint by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Proposed Order) (Lawson, Sara)
January 24, 2018 Opinion or Order Filing 78 ORDER granting #77 Unopposed Motion for Extension of Time. Plaintiffs shall respond to Defendants' Motion to Compel on or before 2/1/2018. Signed by Judge Kim R. Gibson on 1/24/2018. (dlg)
January 23, 2018 Opinion or Order Filing 77 Unopposed MOTION for Extension of Time to File Response/Reply as to #76 Brief in Support of Motion, #75 MOTION to Compel Documents by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara)
January 17, 2018 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #75 Motion to Compel. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney is advised that, in the future, documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief in Support. This message is for informational purposes only. (cel)
January 16, 2018 Opinion or Order Filing 76 BRIEF in Support re #75 Motion to Compel, filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document was previously filed electronically. (cel)
January 16, 2018 Opinion or Order Filing 75 MOTION to Compel Documents by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 This attachment has been removed from public view, #2 Exhibit A--UPMC Responses to CBIZ Discovery Requests, #3 Proposed Order) (Vargo, Ernest) Modified on 1/17/2018. (cel)
October 20, 2017 Opinion or Order Filing 74 ANSWER to #1 Complaint, by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
September 29, 2017 Opinion or Order Filing 73 ORDER denying as moot #38 Motion to Stay given the Court's Memorandum Opinion and Order (ECF No. #72 ) deciding Defendants' Motion to Dismiss (ECF No. #12 ). Signed by Judge Kim R. Gibson on 9/29/2017. (dlg)
September 29, 2017 Opinion or Order Filing 72 MEMORANDUM OPINION AND ORDER denying #12 Motion to Dismiss. Thus, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendants shall file an answer on or before 10/20/2017, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 9/29/2017. (dlg)
September 18, 2017 Opinion or Order Filing 71 SECOND AMENDED SCHEDULING ORDER: It is hereby Ordered that the deadlines and provisions in the Amended Scheduling Order governing this case (ECF No. #59 ) are amended, as follows: The parties shall move to amend the pleadings or add new parties within 120 days of the Court's decision on defendants' motion to dismiss. Phase-one discovery ends on 11/21/2017. Phase two shall run from 11/24/2017 to 5/22/2018. All fact discovery shall be completed by 5/22/2018. Phase-three discovery shall include expert discovery and will run from 5/25/2018 to 8/21/2018. The post-discovery status conference scheduled for 6/29/2018 is rescheduled for 8/28/2018, at 10:00 a.m., and as more fully stated in said Second Amended Scheduling Order. Signed by Judge Kim R. Gibson on 9/18/2017. (dlg)
September 18, 2017 Opinion or Order Filing 70 Minute Entry for proceedings held before Judge Kim R. Gibson: Discovery Status Conference held on 9/18/2017. The Court asked Plaintiffs' counsel to update the Court on Plaintiffs' position regarding discovery and then asked for Defendants' position. The Court asked counsel whether they would be opposed to scheduling a second status conference in regard to phase one of discovery only if requested by a party. Counsel for all parties agreed, and as more fully stated in said Conference Memo. (Court Reporter: Kimberly Spangler) (dlg)
September 15, 2017 Opinion or Order Filing 69 STATUS REPORT On Discovery by UPMC, UPMC ALTOONA. (Lawson, Sara)
September 15, 2017 Opinion or Order Filing 68 MEMORANDUM OPINION AND ORDER granting in part and denying in part #53 Motion for Protective Order; granting in part and denying in part #56 Sealed Motion, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 9/15/2017. (dlg)
August 14, 2017 Opinion or Order Filing 67 REPLY in Support of Their #53 Motion for a Protective Order filed by UPMC, UPMC ALTOONA. (Lawson, Sara) Modified on 8/15/2017. (cel)
August 9, 2017 Opinion or Order Filing 66 REPLY BRIEF re #61 Response to Motion, #56 Sealed Motion, #57 Sealed Document filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
August 8, 2017 Opinion or Order Filing 65 ORDER granting #64 Unopposed Motion for Leave to File Reply Brief in Support of #53 Motion for Protective Order. Plaintiffs shall file the reply brief within four business days of the date of this order. Signed by Judge Kim R. Gibson on 8/8/2017. (dlg) Modified on 8/9/2017. (cel)
August 7, 2017 Opinion or Order Filing 64 Unopposed MOTION for Leave to File Reply Brief in Support of #53 Motion for Protective Order by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Schwab, John) Modified on 8/7/2017. (cel)
August 7, 2017 Opinion or Order Filing 63 ORDER granting #62 Motion for Leave to File Reply Brief in Support of Motion to Compel. Defendants shall file any reply brief within two business days of the date of this order. Signed by Judge Kim R. Gibson on 8/7/2017. (dlg)
August 4, 2017 Opinion or Order Filing 62 Unopposed MOTION for Leave to File Reply Brief in Support of #56 Sealed Motion by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest) Modified on 8/4/2017. (cel)
August 1, 2017 Opinion or Order Filing 61 RESPONSE to Motion re #56 SEALED MOTION filed by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Lawson, Sara) Modified on 8/1/2017. (cel)
July 31, 2017 Opinion or Order Filing 60 BRIEF in Opposition re #53 Motion for Protective Order filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
July 26, 2017 Opinion or Order Filing 59 AMENDED SCHEDULING ORDER: it is hereby Ordered that the deadlines and provisions in the Initial Scheduling Order governing this case (ECF No. #44 ) are amended as follows: Phase One Discovery ends on 9/22/2017. The parties shall jointly file a short discovery status report on or before 9/15/2017, detailing the progress of and any issues regarding phase-one discovery. A Telephonic Discovery-Status Conference is scheduled for 9/18/2017, at 10:00 AM. Phase Two Discovery shall run from 9/25/2017 through 3/23/2018. All fact discovery shall be completed by 3/23/2018. Phase Three Discovery shall include expert discovery and will run from 3/26/2018 to 6/22/2018. Depositions of all experts shall be completed no later than 6/22/2018. The Post-Discovery Status Conference scheduled for 5/1/2018 is rescheduled for 6/29/2018, at 10:00 AM, and as more fully stated in said Amended Scheduling Order. Signed by Judge Kim R. Gibson on 7/26/2017. (dlg)
July 26, 2017 Opinion or Order Filing 58 Minute Entry for proceedings held before Judge Kim R. Gibson: A discovery status conference was held with counsel appearing by phone on 7/26/2017. The Court asked counsel to enter their appearances and then asked Plaintiffs' counsel to begin by updating the Court on their position. Attorney Smith stated that the parties had worked out many of the discovery issues and had agreed to extend all discovery deadlines by 60 days. The Court then heard from Defendants. Attorney Vargo stated that Defendants had not agreed that 60 days would be a sufficient discovery extension-Defendants requested 120 days-and that they thought an additional extension will likely be needed, but that 60 days was agreeable for now. Attorney Vargo also requested that the Court schedule a follow-up discovery status conference in September to reassess the progress of discovery. Attorney Smith responded that Plaintiffs did not think further extensions or a follow-up conference were needed, and as more fully stated in said Conference Memo. (Court Reporter: Kimberly Spangler) (dlg)
July 24, 2017 Opinion or Order NOTICE of Hearing: A Telephonic Status Conference is set for 7/26/2017, at 10:00 AM before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg)
July 21, 2017 Opinion or Order Filing 57 SEALED DOCUMENT by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. This document Sealed pursuant to #55 Order on Motion for Leave to File Documents Under Seal. (jjg)
July 21, 2017 Opinion or Order Filing 56 SEALED MOTION (This document Sealed pursuant to #55 Order on Motion for Leave to File Documents Under Seal), by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A, #2 Exhibit B - Proposed Order, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (jjg)
July 20, 2017 Opinion or Order Filing 55 ORDER granting #54 MOTION for Leave to File Documents Under Seal. Defendants may file their motion to compel and accompanying exhibits under seal without the necessity of filing a redacted version. Sealed Permanently. Signed by Judge Kim R. Gibson on 7/20/2017. (dlg)
July 20, 2017 Opinion or Order Filing 54 Unopposed MOTION for Leave to File Documents Under Seal for Defendants' Motion to Compel by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
July 20, 2017 Opinion or Order Filing 53 MOTION for Protective Order by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A, #2 Proposed Order) (Lawson, Sara)
July 13, 2017 Opinion or Order Filing 52 ORDER OF COURT granting #51 Joint Motion to Continue. The telephonic discovery-status conference previously scheduled for 7/14/2017 is now scheduled for 7/24/2017, at 10:00 AM. Signed by Judge Kim R. Gibson on 7/13/2017. (dlg)
July 13, 2017 Opinion or Order Filing 51 MOTION to Continue Telephonic Discovery-Status Conference by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Schwab, John)
July 7, 2017 Opinion or Order Filing 50 STATUS REPORT for Discovery by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
June 9, 2017 Opinion or Order Filing 49 ORDER re #48 Stipulated Protective Order and Fed.R.Evid. 502(d) Order filed by JON S. KETZNER, CBIZ, INC., CBIZ BENEFITS & INSURANCE SERVICES, INC. - It is so Ordered that the foregoing Agreement is approved. Signed by Judge Kim R. Gibson on 6/9/2017. (dlg)
June 8, 2017 Opinion or Order Filing 48 Errata re Quality Control message - No signature s/, #47 Stipulated Protective Order by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. Reason for Correction: signatures of attorneys. (Barbera, Vincent)
June 8, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #47 Stipulated Protective Order ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (cel)
June 7, 2017 Opinion or Order Filing 47 ERROR: S/ SIGNATURE IS MISSING; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; STIPULATED PROTECTIVE ORDER by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Barbera, Vincent) Modified on 6/8/2017. (cel)
April 17, 2017 Opinion or Order Filing 46 RESPONSE to #45 Sur-Reply Brief, filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
April 10, 2017 Opinion or Order Filing 45 Sur-Reply Brief re #29 Response in Opposition, #13 Brief in Support of Motion, #32 Reply Brief, #12 Motion to Dismiss, filed by UPMC, UPMC ALTOONA. (Lawson, Sara)
April 4, 2017 Opinion or Order Filing 44 INITIAL SCHEDULING ORDER. Signed by Judge Kim R. Gibson on 4/4/2017. (krh)
April 4, 2017 Opinion or Order Filing 43 Minute Entry for proceedings held on April 3, 2017 before Judge Kim R. Gibson: Case Management Conference held on 4/4/2017. (Court Reporter: none) (krh)
April 3, 2017 Opinion or Order Filing 42 ORDER Approving Stipulation Regarding ESI Protocol. Signed by Judge Kim R. Gibson on 4/3/2017. krh) Modified on 4/5/2017. (krh)
March 31, 2017 Opinion or Order Filing 41 STIPULATION Regarding ESI Protocol by UPMC, UPMC ALTOONA. (Lawson, Sara)
March 31, 2017 Opinion or Order Filing 40 RESPONSE IN OPPOSITION to #38 Motion to Stay, filed by UPMC, UPMC ALTOONA. (Smith, Cyril) Modified on 4/3/2017. (cel)
March 29, 2017 Opinion or Order Filing 39 BRIEF in Support re #38 Motion to Stay Discovery Pending the Court's Rule 12 Decision filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit A - CBIZ's Initial Disclosures) (Vargo, Ernest)
March 29, 2017 Opinion or Order Filing 38 MOTION to Stay Discovery Pending the Court's Rule 12 Decision by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Vargo, Ernest)
March 28, 2017 Opinion or Order Filing 37 Errata re #34 Stipulation Selecting ADR process by UPMC, UPMC ALTOONA. Reason for Correction: Attorney signature. (Lawson, Sara)
March 28, 2017 Opinion or Order Filing 36 Errata re #33 Report of Rule 26(f) Planning Meeting by UPMC, UPMC ALTOONA. Reason for Correction: Attorney signature. (Lawson, Sara)
March 28, 2017 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #34 Stipulation Selecting ADR process, #33 Report of Rule 26(f) Planning Meeting. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (cel)
March 27, 2017 Opinion or Order Filing 35 Proposed Initial Scheduling Order by UPMC, UPMC ALTOONA. (Lawson, Sara)
March 27, 2017 Opinion or Order Filing 34 ERROR: SIGNATURE AND FILER DO NOT MATCH; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; STIPULATION selecting ADR process by UPMC, UPMC ALTOONA. (Lawson, Sara) Modified on 3/28/2017. (cel)
March 27, 2017 Opinion or Order Filing 33 ERROR: SIGNATURE AND FILER DO NOT MATCH; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; REPORT of Rule 26(f) Planning Meeting. (Lawson, Sara) Modified on 3/28/2017. (cel)
February 3, 2017 Opinion or Order Filing 32 REPLY BRIEF re #29 Response in Opposition, #12 Motion to Dismiss filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
January 12, 2017 Opinion or Order Filing 31 ORDER granting #30 Unopposed Motion for Leave to File a Reply Brief in Support of Their Motion to Dismiss. Defendants Reply Brief will be filed within thirty days from the date of 1/4/2017, which is 2/3/2017. Signed by Judge Kim R. Gibson on 1/12/2017. (dlg)
January 10, 2017 Opinion or Order Filing 30 MOTION for Leave to File Reply Brief to #29 Response in Opposition re: #12 Motion to Dismiss by CBIZ, INC. (Attachments: #1 Proposed Order) (Barbera, Vincent) Modified on 1/10/2017. (cel)
January 4, 2017 Opinion or Order Filing 29 RESPONSE IN OPPOSITION to #12 Motion to Dismiss, filed by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A) (Schwab, John)
December 13, 2016 Opinion or Order Filing 28 ORDER OF COURT granting #26 Unopposed Motion to Continue. The Initial Case Management Conference is now scheduled for 4/3/2017, at 9:30 a.m. Signed by Judge Kim R. Gibson on 12/13/2016. (dlg)
December 13, 2016 Opinion or Order Filing 27 ORDER OF COURT granting #25 Unopposed Motion for Extension of Time. Plaintiffs shall respond to Defendants' Motion to Dismiss on or before 1/4/2017. Signed by Judge Kim R. Gibson on 12/13/2016. (dlg)
December 12, 2016 Opinion or Order Filing 26 Unopposed MOTION to Continue Initial Case Management Conference by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Schwab, John)
December 12, 2016 Opinion or Order Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply as to #13 Brief in Support of Motion, #12 MOTION to Dismiss by UPMC, UPMC ALTOONA. (Attachments: #1 Proposed Order) (Schwab, John)
December 12, 2016 Opinion or Order Filing 24 ORDER granting #23 Motion for Michael E. Mumford to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 12/12/2016. (dlg)
December 9, 2016 Opinion or Order Filing 23 MOTION for attorney Michael E. Mumford to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4175485) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Affidavit of Michael E. Mumford in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order) (Mumford, Michael)
November 29, 2016 Opinion or Order Filing 22 ORDER - An Initial Case Management Conference shall be held on January 4, 2017 at 10:00 a.m., and as more fully stated in said Order of Court. Signed by Judge Kim R. Gibson on 11/29/2016. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit "B" Fed.R.Civ.P. 26(f) Report). (krh)
November 28, 2016 Opinion or Order Filing 21 ORDER granting #15 Motion for Ernest E. Vargo to Appear Pro Hac Vice; #16 Motion for Guenther Karl Fanter to Appear Pro Hac Vice; and #17 Motion for Sam A. Camardo to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 11/28/2016. (dlg)
November 28, 2016 Opinion or Order Filing 20 Proposed Order re #17 Motion to Appear Pro Hac Vice, of Sam A. Camardo by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Camardo, Sam)
November 28, 2016 Opinion or Order Filing 19 Proposed Order re #16 Motion to Appear Pro Hac Vice, of Guenther Karl Fanter by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Fanter, Guenther)
November 28, 2016 Opinion or Order Filing 18 Proposed Order re #15 Motion to Appear Pro Hac Vice, of Ernest E. Vargo by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Vargo, Ernest)
November 28, 2016 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #16 Motion to Appear Pro Hac Vice, #17 Motion to Appear Pro Hac Vice, #15 Motion to Appear Pro Hac Vice. ERROR: Proposed Orders were not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (cel)
November 23, 2016 Opinion or Order Filing 17 MOTION for attorney Sam A. Camardo to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4160663) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Affidavit of Sam A. Camardo in Support of Motion for Pro Hac Vice Admission) (Camardo, Sam)
November 23, 2016 Opinion or Order Filing 16 MOTION for attorney Guenther Karl Fanter to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4160572) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Affidavit of Guenther Karl Fanter in Support of Motion for Pro Hac Vice Admission) (Fanter, Guenther)
November 23, 2016 Opinion or Order Filing 15 MOTION for attorney Ernest E. Vargo to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4160549) by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Affidavit of Ernest E. Vargo in Support of Motion for Pro Hac Vice Admission) (Vargo, Ernest)
November 23, 2016 Opinion or Order Filing 14 Disclosure Statement identifying CBIZ, Inc. as corporate parent or other affiliate, by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC.. (Barbera, Vincent)
November 23, 2016 Opinion or Order Filing 13 BRIEF in Support re #12 Motion to Dismiss filed by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Exhibit) (Barbera, Vincent) Modified on 11/28/2016. (cel)
November 23, 2016 Opinion or Order Filing 12 MOTION to Dismiss by CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER. (Attachments: #1 Proposed Order) (Barbera, Vincent) Modified on 11/28/2016. (cel)
November 16, 2016 Opinion or Order Filing 11 ORDER granting #10 Motion for Cyril Smith to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 11/16/2016. (dlg)
November 15, 2016 Opinion or Order Filing 10 MOTION for attorney Cyril V. Smith to Appear Pro Hac Vice, on behalf of Plaintiffs UPMC, et al. (Filing fee $40, Receipt # 0315-4150808) by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit) (Smith, Cyril)
October 25, 2016 Opinion or Order Filing 9 ORDER granting #8 Errata re #4 Motion for Sara Alpert Lawson to Appear Pro Hac Vice. Signed by Judge Kim R. Gibson on 10/11/2016. (dlg)
October 24, 2016 Opinion or Order Filing 8 Errata re #4 Motion to Appear Pro Hac Vice, by UPMC, UPMC ALTOONA. Reason for Correction: attorney filer. (Attachments: #1 Exhibit A - Affidavit in Support of Motion for Admission Pro Hac Vice) (Lawson, Sara)
October 12, 2016 Opinion or Order CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Motion to Appear Pro Hac Vice and #6 Motion to Appear Pro Hac Vice. ERROR: Wrong filer. CORRECTION: LCvR 83.2 B. Pro Hac Vice Admissions. All motions for admission pro hac vice must be made by the attorney seeking to be admitted. This message is for informational purposes only. The attorneys that wish to be admitted are advised to file an ERRATA using their own user names and passwords. They must also sign their own motions. (cel)
October 11, 2016 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by UPMC, UPMC ALTOONA. All Defendants served on 9/26/16; Answer due on 11/25/2016; (Schwab, John) Modified on 10/12/2016. (cel)
October 10, 2016 Opinion or Order Filing 6 ERROR: WRONG FILER; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; MOTION for attorney Cy Smith to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4113054) by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit) (Schwab, John) Modified on 10/12/2016. (cel)
October 7, 2016 Opinion or Order Filing 5 Disclosure Statement identifying Bayfront Regional Development Corporation; and Hamot Surgery Center, LLC as corporate parent or other affiliate, by UPMC, UPMC ALTOONA. (Schwab, John)
October 7, 2016 Opinion or Order Filing 4 ERROR: WRONG FILER; THIS DOCUMENT HAS BEEN REMOVED FROM PUBLIC VIEW; MOTION for attorney Sara Alpert Lawson to Appear Pro Hac Vice, (Filing fee $40, Receipt # 0315-4112130) by UPMC, UPMC ALTOONA. (Attachments: #1 Exhibit A - Affidavit of S. Lawson) (Schwab, John) Modified on 10/12/2016. (cel)
September 20, 2016 Opinion or Order Filing 3 NOTICE that the instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (krh)
September 19, 2016 Opinion or Order Filing 2 Summons Issued as to *CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER* (Attachments: #1 Summons, #2 Summons) (cel)
September 16, 2016 Opinion or Order Filing 1 COMPLAINT against CBIZ BENEFITS & INSURANCE SERVICES, INC., CBIZ, INC., JON S. KETZNER (Filing fee, including Administrative fee, $400, receipt number 0315-4089340) filed by UPMC, UPMC ALTOONA. (Attachments: #1 Civil Cover Sheet) (cel) Modified on 9/20/2016. (cel)

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Search for this case: UPMC et al v. CBIZ, INC. et al
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Defendant: CBIZ, INC
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Defendant: JON S. KETZNER
Represented By: Steven M Dettelbach
Represented By: Michael E. Mumford
Represented By: Sam A. Camardo
Represented By: Ernest E. Vargo, Jr.
Represented By: Vincent J. Barbera
Represented By: Guenther Karl Fanter
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Defendant: CBIZ BENEFITS & INSURANCE SERVICES, INC.
Represented By: Steven M Dettelbach
Represented By: Michael E. Mumford
Represented By: Sam A. Camardo
Represented By: Ernest E. Vargo, Jr.
Represented By: Vincent J. Barbera
Represented By: Guenther Karl Fanter
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Defendant: CBIZ, INC.
Represented By: Steven M Dettelbach
Represented By: Michael E. Mumford
Represented By: Sam A. Camardo
Represented By: Ernest E. Vargo, Jr.
Represented By: Vincent J. Barbera
Represented By: Guenther Karl Fanter
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Plaintiff: UPMC
Represented By: William J. Murphy
Represented By: Paula M. Junghans
Represented By: Sara Alpert Lawson
Represented By: Cyril V. Smith
Represented By: John A. Schwab
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Plaintiff: UPMC ALTOONA
Represented By: William J. Murphy
Represented By: Paula M. Junghans
Represented By: Sara Alpert Lawson
Represented By: Cyril V. Smith
Represented By: John A. Schwab
Represented By: Christopher MacColl
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Plaintiff: ALTOONA REGIONAL HEALTH SYSTEM
Represented By: William J. Murphy
Represented By: Paula M. Junghans
Represented By: Sara Alpert Lawson
Represented By: Cyril V. Smith
Represented By: John A. Schwab
Represented By: Christopher MacColl
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Plaintiff: UPMC a Pennsylvania Non-Profit, Non-Stock Corporation doing business as UNIVERSITY OF PITTSBURGH MEDICAL CENTER
Represented By: William J. Murphy
Represented By: Paula M. Junghans
Represented By: Sara Alpert Lawson
Represented By: Cyril V. Smith
Represented By: John A. Schwab
Represented By: Christopher MacColl
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