Bettis v. Envision Healthcare Corporation et al
Plaintiff: Terry W. Bettis
Defendant: Claire M. Gulmi, Christopher A. Holden, Envision Healthcare Corporation, William A. Sanger, Randel G. Owen, Envision Healthcare Holdings, Inc., Mark V. Mactas, Craig A. Wilson, Todd G. Zimmerman, Kevin D. Eastridge, Thomas G. Cigarran, James A. Deal, John T. Gawaluck, Steven I. Geringer, Henry D. Herr, Joey A. Jacobs, Kevin P. Lavender, Cynthia S. Miller, John W. Popp, Jr., Clayton, Dubilier & Rice, LLC, CD&R Associates VIII Ltd., Clayton, Dubilier & Rice Fund VIII, L.P., CD&R EMS Co-Investor, L.P., CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P. and Linda Geringer
Petitioner: Automotive Industries Pension Trust Fund, Michael Avenia, CFG Custom Portfolio Corporation, Wayne County Employees' Retirement System, PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM, Laborers Pension Trust Fund for Northern California and LIUNA National (Industrial) and Staff & Affiliates Pension Funds
Consolidated Plaintiff: Carpenters Pension Fund of Illinois and Central Laborers' Pension Fund
Consolidated Defendant: Michael L. Smith, Ronald A. Williams, Richard J. Schnall, Carol J. Burt, James D. Shelton and Leonard M. Riggs, Jr.
Intervenor Plaintiff: Corvex Master Fund LP and Corvex Select Equity Master Fund LP
Not Classified By Court: Wells Capital Management, Inc.
Interested Party: KPMG, LLP
Case Number: 3:2017cv01112
Filed: August 4, 2017
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Davidson
Presiding Judge: William L Campbell
Referring Judge: Waverly D Crenshaw
2 Judge: Jeffery S Frensley
Nature of Suit: Securities/Commodities
Cause of Action: 15 U.S.C. § 78
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 26, 2021 Opinion or Order Filing 279 RESPONSE in Opposition re #258 MOTION to Intervene filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph)
March 23, 2021 Opinion or Order Filing 278 MEMORANDUM OPINION AND ORDER OF THE COURT: The Motions to Seal related to the plaintiffs' motion to compel #188 , #198 , and #205 are DENIED without prejudice to Defendants refiling pursuant to the standards set forth in Shane Grp., 825 F.3d at 305-306 and Beauchamp, 658 Fed. Appx. at 207 and in accordance with Local Rule 5.03. The Motion to Seal related to Defendants' motion to compel is DENIED subject to Plaintiffs filing a notice as instructed above. The parties are instructed to review carefully all documents and provide specific reasons and legal citations justifying the need to seal information from public view and explaining how the seal is narrowly tailored. The Clerk shall retain the seal on #189 , #190 , #199 , #200 , #206 , #214 , and #215 until April 22, 2021. If the parties have not filed renewed motions or notices with the Court by that date, all documents, except those containing patient health information, will be unsealed. Signed by District Judge William L. Campbell, Jr on 3/22/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
March 15, 2021 Opinion or Order Filing 277 Declaration of Joseph B. Crace, Jr. and Exhibits 28-54 filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit 28 - EVHC_TN_00011818-11824, #2 Exhibit 29 - EVHC_TN_00182140-182144, #3 Exhibit 30 - EVHC_TN_00158938-158947, #4 Exhibit 31 - EVHC_TN_00187618-187628, #5 Exhibit 32 - EVHC_TN_00159474-159496, #6 Exhibit 33 - AP_0000854-863, #7 Exhibit 34 - EVHC_TN_00485720-485920 (Part 1 of 2), #8 Exhibit 34 - EVHC_TN_00485720-485920 (Part 2 of 2), #9 Exhibit 35 - FEINSTEIN0003931-3946, #10 Exhibit 36 - EVHC_TN_00323067-323070, #11 Exhibit 37 - EV_NORCAL0005051-5053, #12 Exhibit 38 - WS0000174-176, #13 Exhibit 39 - JEFF00003583, #14 Exhibit 40 - EVHC_TN_00179165-179172, #15 Exhibit 41 - EVHC_TN_00225468-225512, #16 Exhibit 42 - FEINSTEIN0008569-8580, #17 Exhibit 43 - EVHC_TN_00180225-180271, #18 Exhibit 44 - FEINSTEIN0004367-4444 (Part 1 of 2), #19 Exhibit 44 - FEINSTEIN0004367-4444 (Part 2 of 2), #20 Exhibit 45 - EVHC_TN_00033906-33913, #21 Exhibit AP0030728-179212, #22 Exhibit 47 - Southern Sun 013594-013620, #23 Exhibit 48 - Sealed Document, #24 Exhibit 49 - Sealed Document, #25 Exhibit 50 - EV_CL0001126-1591, #26 Exhibit 51 - EV_CL0033864-33980, #27 Exhibit 52 - Sealed Document, #28 Exhibit 53 - Sealed Document, #29 Exhibit 54 - Demonstrative exhibit)(Crace, Joseph) Modified on 11/2/2021 (bs).
March 15, 2021 Opinion or Order Filing 276 Declaration of Joseph B. Crace, Jr. and Exhibits 1-2 filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit 1 - Demonstrative exhibit, #2 Exhibit 2 - Expert Report of Rene M. Stulz, #3 Exhibit 3 - Sealed Document, #4 Exhibit 4 - Southern Sun 652388-652391, #5 Exhibit 5 - EVHC_TN_00364713-364725, #6 Exhibit 6 - EVHC_TN_00164055-164061, #7 Exhibit 7 - EVHC_TN_00163976-163990, #8 Exhibit 8 - FEINSTEIN0009102, #9 Exhibit 9 - Demonstrative exhibit, #10 Exhibit 10 - Sealed Document, #11 Exhibit 11 - Sealed Document, #12 Exhibit 12 - Bozarth Complaint, #13 Exhibit 13 - FEINSTEIN0009214, #14 Exhibit 14 - EVHC_TN_00182293-182300, #15 Exhibit 15 - EVHC_TN_00149844-149874, #16 Exhibit 16 - EVHC_TN_00161660-161751, #17 Exhibit 17 - FEINSTEIN0004732, #18 Exhibit 18 - EVHC_TN_00036520-36555, #19 Exhibit 19 - JEFF00013924-13925, #20 Exhibit 20 - FEINSTEIN0008898-8902, #21 Exhibit 21 - EVHC_TN_00010759-10763, #22 Exhibit 22 - EVHC_TN_00179193-179212, #23 Exhibit 23 - Sealed Document, #24 Exhibit 24 - Sealed Document, #25 Exhibit 25 - FEINSTEIN0006921-6937, #26 Exhibit 26 - FEINSTEIN0008834-8846, #27 Exhibit 27 - EVHC_TN_00009267-9272)(Crace, Joseph) Modified on 11/2/2021 (bs).
March 15, 2021 Opinion or Order Filing 275 Memorandum in Opposition to Lead Plaintiffs' Motion for Class Certification filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph) Modified on 11/2/2021 (bs).
March 15, 2021 Opinion or Order Filing 274 MEMORANDUM in Support of #273 MOTION to Seal filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman . (Crace, Joseph)
March 15, 2021 Opinion or Order Filing 273 MOTION to Seal by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit 1 - Proposed Order)(Crace, Joseph)
March 15, 2021 Opinion or Order Filing 272 DECLARATION of Joseph B. Crace, Jr. filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #271 Response in Opposition to Motion,,. (Attachments: #1 Exhibit 1 - Demonstrative exhibit, #2 Exhibit 2 - Expert Report of Rene M. Stulz (Redacted), #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - EVHC_TN_00364713-364725, #6 Exhibit 6 - EVHC_TN_00164055-164061, #7 Exhibit 7 - EVHC_TN_00163976-163990, #8 Exhibit 8 - FEINSTEIN0009102, #9 Exhibit 9 - Demonstrative exhibit, #10 Exhibit 10 - Filed Under Seal, #11 Exhibit 11 - Filed Under Seal, #12 Exhibit 12 - Bozarth Complaint, #13 Exhibit 13 - FEINSTEIN0009214, #14 Exhibit 14 - EVHC_TN_00182293-182300, #15 Exhibit 15 - EVHC_TN_00149844-149874, #16 Exhibit 16 - EVHC_TN_00161660-161751, #17 Exhibit 17 - FEINSTEIN0004732, #18 Exhibit 18 - EVHC_TN_00036520-36555, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20 - FEINSTEIN0008898-8902, #21 Exhibit 21 - EVHC_TN_00010759-10763, #22 Exhibit 22 - EVHC_TN_00179193-179212, #23 Exhibit 23 - Filed Under Seal, #24 Exhibit 24 - Filed Under Seal, #25 Exhibit 25 - FEINSTEIN0006921-6937, #26 Exhibit 26 - FEINSTEIN0008834-8846, #27 Exhibit 27 - EVHC_TN_00009267-9272, #28 Exhibit 28 - EVHC_TN_00011818-11824, #29 Exhibit 29 - EVHC_TN_00182140-182144, #30 Exhibit 30 - EVHC_TN_00158938-158947, #31 Exhibit 31 - EVHC_TN_00187618-187628, #32 Exhibit 32 - EVHC_TN_00159474-159496, #33 Exhibit 33 - Filed Under Seal, #34 Exhibit 34 - EVHC_TN_00485720-485920 (Part 1 of 2), #35 Exhibit 34 - EVHC_TN_00485720-485920 (Part 2 of 2), #36 Exhibit 35 - FEINSTEIN0003931-3946, #37 Exhibit 36 - EVHC_TN_00323067-323070, #38 Exhibit 37-39 - Filed Under Seal, #39 Exhibit 40 - EVHC_TN_00179165-179172, #40 Exhibit 41 - EVHC_TN_00225468-225512, #41 Exhibit 42 - FEINSTEIN0008569-8580, #42 Exhibit 43 - EVHC_TN_00180225-180271, #43 Exhibit 44 - FEINSTEIN0004367-4444 (Part 1 of 2), #44 Exhibit 44 -FEINSTEIN0004367-4444 (Part 2 of 2), #45 Exhibit 45 - EVHC_TN_00033906-33913, #46 Exhibit 46-54 - Filed Under Seal)(Crace, Joseph)
March 15, 2021 Opinion or Order Filing 271 RESPONSE in Opposition re #221 MOTION to Certify Class filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph)
March 8, 2021 Opinion or Order Filing 270 ORDER: Defendants' Unopposed #269 Motion for Extension of Time to File Response is GRANTED. Defendants may file their opposition to the #258 MOTION to Intervene by 3/26/2021. Signed by Magistrate Judge Jeffery S. Frensley on 3/8/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
March 5, 2021 Opinion or Order Filing 269 Unopposed MOTION for Extension of Time to File Response/Reply as to #258 MOTION to Intervene by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Crace, Joseph)
March 5, 2021 Opinion or Order Filing 268 ORDER: MOTION #267 for Leave to File Excess Pages for Briefing on Class Certification GRANTED. Signed by District Judge William L. Campbell, Jr on 03/05/2021.(ln)
March 4, 2021 Opinion or Order Filing 267 Joint MOTION for Leave to File Excess Pages for Briefing on Class Certification by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Latham, Britt)
March 3, 2021 Opinion or Order Filing 266 ORDER granting #262 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Jarett N. Sena is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 3/3/2021. (vk)
March 3, 2021 Opinion or Order Filing 265 ORDER granting #261 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Richard A. Bodnar is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 3/3/2021. (vk)
March 2, 2021 Opinion or Order Filing 264 SUPPLEMENT filed by Corvex Master Fund LP, Corvex Select Equity Master Fund LP re #262 Motion to Appear Pro Hac Vice,. (McInteer, Seth)
March 2, 2021 Opinion or Order Filing 263 SUPPLEMENT filed by Corvex Master Fund LP, Corvex Select Equity Master Fund LP re #261 Motion to Appear Pro Hac Vice,. (McInteer, Seth)
March 2, 2021 Opinion or Order NY State Bar status verified as active for Richard A. Bodnar and Jarett N. Sena not admitted to this court - Local counsel secured. (kc)
March 2, 2021 Opinion or Order NOTICE TO FILER re DE#261 and #262 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (kc)
March 1, 2021 Opinion or Order TN State Bar status verified as active for Seth Martin McInteer and Howell G. O'Rear admitted to this court. (kc)
February 26, 2021 Opinion or Order Filing 262 MOTION for attorney Jarett N. Sena to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3321722) by Corvex Master Fund LP, Corvex Select Equity Master Fund LP. (Attachments: #1 Exhibit Statement of Sena in Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing)(McInteer, Seth)
February 26, 2021 Opinion or Order Filing 261 MOTION for attorney Richard A. Bodnar to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3321715) by Corvex Master Fund LP, Corvex Select Equity Master Fund LP. (Attachments: #1 Exhibit Statement of Richard Bodnar, #2 Exhibit Certificate of Good Standing)(McInteer, Seth)
February 26, 2021 Opinion or Order Filing 260 NOTICE of Appearance by Howell G. O'Rear on behalf of Corvex Master Fund LP, Corvex Select Equity Master Fund LP (O'Rear, Howell)
February 26, 2021 Opinion or Order Filing 259 MEMORANDUM in Support of #258 MOTION to Intervene filed by Corvex Master Fund LP, Corvex Select Equity Master Fund LP . (McInteer, Seth)
February 26, 2021 Opinion or Order Filing 258 MOTION to Intervene by Corvex Master Fund LP, Corvex Select Equity Master Fund LP. (Attachments: #1 Attachment Proposed Order Granting Motion to Intervene)(McInteer, Seth)
February 26, 2021 Opinion or Order Filing 257 NOTICE of Appearance by Seth Martin McInteer on behalf of Corvex Master Fund LP, Corvex Select Equity Master Fund LP (McInteer, Seth)
February 17, 2021 Opinion or Order Filing 256 CERTIFICATE Amended Certificate of Service filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re #255 Discovery Dispute Statement, filed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. (Gray, J.)
February 16, 2021 Opinion or Order NOTICE TO FILER re DE#104 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
February 12, 2021 Opinion or Order Filing 255 JOINT DISCOVERY DISPUTE STATEMENT by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. Related document: #254 Order,,,,,. (Attachments: #1 Exhibit A - Supplemental Proposed Protective Order for Defendant Contracts, #2 Exhibit B - Payor Proposed Protective Order, #3 Exhibit C - Feb. 10 Janoski Email)(Gray, J.) Modified on 2/16/2021 (kc).
February 5, 2021 Opinion or Order Filing 254 ORDER: Pending before the Court is a Joint Discovery Dispute Statement filed by the Parties. Docket No. 248. The statement addresses the Parties' previously filed respective discovery dispute statements (Docket Nos. 243, 244). They indicate that they have been unable to resolve differences regarding certain discovery deadlines and briefing on class certification. Given the complexity and volume of the discovery issues and disputes in this case, the Court believes that an extension of the deadline for the Defendants to complete document production and related case management deadlines is appropriate. The deadline for Defendants to substantially complete documents production is March 31, 2021. The deadline for any motions to amend or add parties is August 21, 2021. In consultation with Judge Campbell's chambers, the Defendants shall file their opposition to the Plaintiffs' Motion for Class Certification by March 15, 2021. Plaintiffs shall file any optional reply in support of their motion for class certification by May 7, 2021. By February 12, 2021, the Parties shall file a revised Joint Discovery Dispute Statement. Signed by Magistrate Judge Jeffery S. Frensley on 2/5/2021. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
January 28, 2021 Opinion or Order Filing 253 ORDER: This matter comes before the Court on the Unopposed Motion for Extension of Time #250 filed by Defendants with respect to their opposition to Plaintiffs' Motion for Class Certification (Dkt. No. 221) ("Motion"). For good cause shown, this motion is GRANTED and it is hereby ORDERED that Defendants may file their opposition to Plaintiffs' Motion on or before Monday, February 22, 2021. Plaintiffs may file their reply in further support of the Motion on or before Thursday, April 8, 2021. Signed by District Judge William L. Campbell, Jr on 1/28/2021. (kc) Modified on 2/8/2021 (kc).
January 28, 2021 Opinion or Order Filing 252 CERTIFICATE Amended Certificate of Service filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re Annotation - Deficiency Notice,. (Crace, Joseph)
January 28, 2021 Opinion or Order Filing 251 ORDER granting #249 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Amy L. Dawson is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 1/28/2021. (vk)
January 28, 2021 Opinion or Order NOTICE TO FILER re DE#250 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (kc)
January 27, 2021 Opinion or Order Filing 250 Unopposed MOTION for Extension of Time to File Response/Reply as to #221 MOTION to Certify Class by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Crace, Joseph)
January 27, 2021 Opinion or Order NY State Bar status verified as active for Amy L. Dawson not admitted to this court - Local counsel secured. (kc)
January 22, 2021 Opinion or Order Filing 249 MOTION for attorney Amy L. Dawson to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3300415) by Envision Healthcare Corporation. (Attachments: #1 Attachment - Declaration of Amy L. Dawson, #2 Attachment - Certificate of Good Standing, #3 Attachment - Proposed Order)(Latham, Britt)
January 7, 2021 Opinion or Order Filing 248 JOINT DISCOVERY DISPUTE STATEMENT by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. Related document: #246 Order, #244 Response (Non-Motion or 2255 Petition), filed by Craig A. Wilson, Thomas G. Cigarran, William A. Sanger, Joey A. Jacobs, Richard J. Schnall, Leonard M. Riggs, Jr., Carol J. Burt, John T. Gawaluck, John W. Popp, Jr., Kevin P. Lavender, Claire M. Gulmi, James D. Shelton, Randel G. Owen, Kevin D. Eastridge, Ronald A. Williams, Todd G. Zimmerman, Cynthia S. Miller, Michael L. Smith, Christopher A. Holden, Envision Healthcare Corporation, Mark V. Mactas, Henry D. Herr, Steven I. Geringer, James A. Deal, #243 Discovery Dispute Statement filed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds.(Wood, Christopher) Modified Text on 1/8/2021 (am).
January 6, 2021 Opinion or Order Filing 247 ORDER granting #245 : Having satisfied the requirements of Local Rule 83.01(b), the Motion to Appear Pro Hac Vice of Benjamin B. Coulter is granted. Signed by Vicki Kinkade, Chief Deputy Clerk, on 1/6/2021. (vk)
December 31, 2020 Opinion or Order Filing 246 ORDER: In light of the ongoing pandemic, the Court will not require the Parties to conduct an in-person meeting. However, it is critical that the Parties continue their meet and confer efforts in an attempt to resolve matters prior to bringing them to the Court. By January 11, 2021, the Parties shall file a joint statement confirming that lead counsel for all Parties have conducted a meeting by telephone or videoconference and made a good faith effort to resolve the issues raised in the discovery dispute statements. The Parties shall identify any issues they have been able to resolve in the statement. Signed by Magistrate Judge Jeffery S. Frensley on 12/31/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
December 31, 2020 Opinion or Order AL State Bar status verified as active for Benjamin B. Coulter not admitted to this court - Local counsel secured. (am)
December 30, 2020 Opinion or Order Filing 245 MOTION for attorney Benjamin B. Coulter to Appear Pro Hac Vice (paid $150 PHV fee; receipt number 0650-3283746) by Wells Capital Management, Inc.. (Attachments: #1 Attachment Certificate of Good Standing for Counsel Benjamin B. Coulter)(Grundy, Kathryn)
December 30, 2020 Opinion or Order Filing 244 RESPONSE filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re #243 Discovery Dispute Statement filed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds . (Walker, Kathryn)
December 28, 2020 Opinion or Order Filing 243 DISCOVERY DISPUTE STATEMENT by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California.(Wood, Christopher)
December 15, 2020 Opinion or Order Filing 242 ORDER: The Court held a discovery dispute conference with the Parties on November 13, 2020 to discuss the matters set forth in Joint Discovery Dispute Statement. Docket No. 219. The Parties filed supplemental briefs regarding requests Nos. 5 and 11. Docket No. 233, 235. At issue is the Defendant's request for a protective order regarding these requests in five third-party subpoenas to commercial health insurers. For the reasons stated herein, the Defendants' request is DENIED. Signed by Magistrate Judge Jeffery S. Frensley on 12/15/2020. (am)
December 14, 2020 Opinion or Order Filing 241 ORDER: Defendants' Motion (Docket No. #210 ) is GRANTED IN PART and DENIED IN PART. The Parties' agreed-upon search terms must be run against the custodial files of Mr. Clizbe and Ms. Bohnet, and responsive non-privileged documents must be produced. Defendants' remaining requests are denied. Signed by Magistrate Judge Jeffery S. Frensley on 12/14/2020.(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 8, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 12/8/2020. (Hearing lasted :27)(ms)
December 8, 2020 Opinion or Order Filing 240 STIPULATION and Proposed Order Regarding Protocol for Conducting Remote Depositions by Envision Healthcare Corporation. (Walker, Kathryn)
December 6, 2020 Opinion or Order Filing 239 ORDER: Case Management Conference is set for December 8, 2020, at 9:00 a.m. via telephone. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. If a party has difficulty connecting to the call or has been on hold for more than five (5) minutes, please contact chambers at 615-736-7344. Signed by Magistrate Judge Jeffery S. Frensley on 12/6/2020. (am)
November 30, 2020 Opinion or Order Filing 238 REPLY to Response to re #224 MOTION to Seal filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
November 23, 2020 Opinion or Order Filing 237 DECLARATION of Randy Bury filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #236 Memorandum in Support,,. (Walker, Kathryn)
November 23, 2020 Opinion or Order Filing 236 MEMORANDUM in Support of #227 Order on Motion to Seal filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman Memorandum in Support of Plaintiffs' Motion to Seal (Dkt. 224) in accordance with the Courts Order Dkt. 227. (Attachments: #1 Exhibit 1 - Redacted Exhibit H, #2 Exhibit 2 - Proposed Order)(Walker, Kathryn)
November 18, 2020 Opinion or Order Filing 235 SUPPLEMENT filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re #219 Joint Statement. (Attachments: #1 Exhibit A - Plaintiffs' First Request for Production of Documents to Defendants, #2 Exhibit B - Transcript of 11/13/2020 Conference, #3 Exhibit C - Complaint - Envision v. UnitedHealthcare)(Latham, Britt)
November 18, 2020 Opinion or Order Filing 234 Sealed Document Declaration of J. Marco Janoski Gray filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Exhibit A - Excerpts of Transcript, #2 Exhibit B - 08.30.16 Letter, #3 Exhibit C - 07.20.16 Letter, #4 Exhibit D - 04.07.16 Notification, #5 Exhibit E - 07.20.17 Email, #6 Exhibit F - 02.17.16 Email, #7 Exhibit G - 02.03.14 Email, #8 Exhibit H - 09.19.16 Email, #9 Exhibit I - 05.14.15 Letter, #10 Exhibit J - 02.05.16 Excerpts of Overview, #11 Exhibit K - Spreadsheet, #12 Exhibit L - 10.26.17 Report, #13 Exhibit M - Browser Printout)(Gray, J.)
November 18, 2020 Opinion or Order Filing 233 Sealed Document Supplement filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
November 18, 2020 Opinion or Order Filing 232 MOTION to Seal by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Gray, J.)
November 18, 2020 Opinion or Order Filing 231 DECLARATION of J. Marco Janoski Gray filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: #230 Supplement. (Attachments: #1 Exhibit A - Excerpts of Transcript, #2 Exhibit B-L Filed Under Seal, #3 Exhibit M - Browser Printout)(Gray, J.)
November 18, 2020 Opinion or Order Filing 230 SUPPLEMENT filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re #219 Joint Statement. (Gray, J.)
November 16, 2020 Opinion or Order Filing 229 ORDER: For the foregoing reasons, Plaintiffs' "Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3" (Docket No. 185) is GRANTED IN PART and DENIED IN PART. Using the Parties' agreed- upon search terms, Defendants must search for and produce relevant, responsive, non-duplicative and non-privileged documents from the custodial files of 22 of Plaintiffs' 24 proposed new custodians. Mr. Harvey's and Mr. Taylor's files are excepted from this Order. Defendants must also supplement their responses to Interrogatories Nos. 1, 2, and 3 to either include their best estimates of the numbers requested (if Defendants already have that knowledge) or to answer the Interrogatories by stating unequivocally what Defendants have told the Court: that Defendants do not know the answer to the question and could not even attempt to arrive at the answer without employing a team working 250,000 hours to compile and generate the requested information. Signed by Magistrate Judge Jeffery S. Frensley on 11/16/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
November 13, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 11/13/2020. (Hearing lasted :27)(ms)
November 13, 2020 Opinion or Order Filing 228 ORDER: The Court held a discovery dispute conference with the Parties on November 13, 2020, to discuss the matters set forth in the Joint Discovery Dispute Statement. Docket No. #219 . The disputers related to subpoenas issued to third parties by the Plaintiffs. For the reasons stated on the record and based upon the pleadings and argument of counsel, the Defendants' Motion for Protective Order with regard to Request Nos. 1-4, 6, 7, 8, and 10 is DENIED. By November 18, 2020, the Parties may file additional briefing as to Request Nos. 5 and 11 along with a copy of the transcript of the hearing related to those items. Signed by Magistrate Judge Jeffery S. Frensley on 11/13/2020. (ln)
November 10, 2020 Opinion or Order Filing 227 ORDER granting #224 Motion to Seal. Signed by District Judge William L. Campbell, Jr on 11/10/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg)
November 9, 2020 Opinion or Order Filing 226 Declaration of Christopher M. Wood in Support of Lead Plaintiffs' Motion for Class Certification filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Exhibit A - Email - Bates Document, #2 Exhibit B - Bates Document, #3 Exhibit C - Email - Bates Document, #4 Exhibit D - Email - Bates Document, #5 Exhibit E - Email - Bates Document, #6 Exhibit F - Bates Document, #7 Exhibit G - Report - Bates Document, #8 Exhibit H - Email - Bates Document, #9 Exhibit I - Presentation - Bates Document, #10 Exhibit J Part 1 - Study - Bates Document, #11 Exhibit J Part 2 - Study - Bates Document, #12 Exhibit K - Article - Bates Document, #13 Exhibit L - Letter - Bates Document, #14 Exhibit M - Report on Market Efficiency Professor Steven P. Feinstein, Ph.D., CFA, #15 Exhibit N - Declaration of Adam Downs, #16 Exhibit O - Declaration of Byron C. Loney, #17 Exhibit P - Declaration of David A. Cook, #18 Exhibit Q - Declaration of Danny J. Koeppel, #19 Exhibit R - Robbins Geller Rudman & Dowd Firm Resume)(Wood, Christopher) Modified on 11/2/2021 (bs).
November 9, 2020 Opinion or Order Filing 225 Memorandum of Law in Support of Lead Plaintiffs' Motion for Class Certification filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified on 11/2/2021 (bs).
November 9, 2020 Opinion or Order Filing 224 MOTION to Seal by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Wood, Christopher)
November 9, 2020 Opinion or Order Filing 223 DECLARATION of Christopher M. Wood filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: #221 MOTION to Certify Class . (Attachments: #1 Exhibit A-L Filed Under Seal, #2 Exhibit M - Report on Market Efficiency Professor Steven P. Feinstein, Ph.D., CFA, #3 Exhibit N - Declaration of Adam Downs, #4 Exhibit O - Declaration of Byron C. Loney, #5 Exhibit P - Declaration of David A. Cook, #6 Exhibit Q - Declaration of Danny J. Koeppel, #7 Exhibit R - Robbins Geller Rudman & Dowd LLP Firm Resume)(Wood, Christopher)
November 9, 2020 Opinion or Order Filing 222 MEMORANDUM in Support of #221 MOTION to Certify Class filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California [Redacted]. (Wood, Christopher)
November 9, 2020 Opinion or Order Filing 221 MOTION to Certify Class by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Wood, Christopher)
November 5, 2020 Opinion or Order Filing 220 ORDER: A Case Management Conference is set for November 13, 2020, at 9:00 a.m. via telephone. The parties shall call 1-877-336-1831 at the appointed time, and when prompted for the access code, enter 7039387# to participate in the Conference. Signed by Magistrate Judge Jeffery S. Frensley on 11/05/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 2, 2020 Opinion or Order Filing 219 Joint Discovery Dispute Statement. (Attachments: #1 Exhibit 1 - Notice of Issuance of Subpoenas to Non-Parties)(Crace, Joseph) Modified Text on 11/3/2020 (am).
October 21, 2020 Opinion or Order Filing 218 REPLY to Response to re #210 MOTION to Compel Discovery from Plaintiffs filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph)
October 14, 2020 Opinion or Order Filing 217 DECLARATION of Jessica T. Shinnefield filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: #216 Response in Opposition to Motion. (Attachments: #1 Exhibit A - Letter, #2 Exhibit B - Email, #3 Exhibit C - Email, #4 Exhibit D - Letter, #5 Exhibit E - Declaration of Adam Downs, #6 Exhibit F - Declaration of Byron C. Loney, #7 Exhibit G - Bates Document, #8 Exhibit H - Bates Document, #9 Exhibit I - Bates Document, #10 Exhibit J - Bates Document, #11 Exhibit K - Bates Document, #12 Exhibit L - Document Subpoena to Artisan Partners, #13 Exhibit M - Document Subpoena to Southern Sun Asset Management, #14 Exhibit N - Bates Document, #15 Exhibit O - Bates Document, #16 Exhibit P - Bates Document, #17 Exhibit Q - Bates Document, #18 Exhibit R - Bates Document, #19 Exhibit S - Bates Document, #20 Exhibit T - Letter, #21 Exhibit U - Letter)(Shinnefield, Jessica)
October 14, 2020 Opinion or Order Filing 216 RESPONSE in Opposition re #210 MOTION to Compel Discovery from Plaintiffs filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Shinnefield, Jessica)
September 30, 2020 Opinion or Order Filing 215 Sealed Document Declaration of Joseph B. Crace, Jr. in Support of Motion to Compel Discovery from Plaintiffs filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit 1 - Plaintiffs' Amended AO 174-1 Disclosures, #2 Exhibit 2 - Central Laborers' Responses to Defendants' Requests for Production of Documents, #3 Exhibit 3 - Laborers Pension Trust's Responses to Defendants' Requests for Production of Documents, #4 Exhibit 4 - LIUNA National's Responses to Defendants' Requests for Production of Documents, #5 Exhibit 5 - LIUNA Staff's Responses to Defendants' Requests for Production of Documents, #6 Exhibit 6 - UFCW's Responses to Defendants' Requests for Production of Documents, #7 Exhibit 7 - June 12, 2020 Letter, #8 Exhibit 8 - August 21, 2020 Letter, #9 Exhibit 9 - September 11, 2020 Letter, #10 Exhibit 10 - VAI004035, #11 Exhibit 11 - VAI004092, #12 Exhibit 12 - AP_0000743 (Part 1 of 2), #13 Exhibit 12 - AP_0000743 (Part 2 of 2), #14 Exhibit 13 - VAI003772, #15 Exhibit 14 - VAI004078, #16 Exhibit 15 - VAI004186, #17 Exhibit 16 - EV_LIUNA0001832, #18 Exhibit 17 - LIUNA0001085, #19 Exhibit 18 - LIUNA0001104, #20 Exhibit 19 - LIUNA Staff's Amended Responses to Defendants' First Set of Interrogatories, #21 Exhibit 20 - LIUNA National's Amended Responses to Defendants' First Set of Interrogatories, #22 Exhibit 21 - Plaintiffs' Second Amended Initial Disclosures, #23 Exhibit 22 - June 23, 2020 Letter, #24 Exhibit 23 - Central Laborers' Amended Responses to Defendants' First Set of Interrogatories, #25 Exhibit 24 - UFCW's Amended Responses to Defendants' First Set of Interrogatories, #26 Exhibit 25 - Laborers Pension Trust's Amended Responses to Defendants' First Set of Interrogatories, #27 Exhibit 26 - EV_UFCW0000016, #28 Exhibit 27 - EV_NORCAL0001514, #29 Exhibit 28 - LMCG_0000599, #30 Exhibit 29 - EV_CL0000411)(Crace, Joseph)
September 30, 2020 Opinion or Order Filing 214 Sealed Document Memorandum in Support of Motion to Compel Discovery from Plaintiffs filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph)
September 30, 2020 Opinion or Order Filing 213 MOTION for Leave to File Document Under Seal by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Crace, Joseph)
September 30, 2020 Opinion or Order Filing 212 DECLARATION of Joseph B. Crace, Jr. filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #210 MOTION to Compel Discovery from Plaintiffs. (Attachments: #1 Exhibit 1 - Plaintiffs' Amended AO 174-1 Disclosures, #2 Exhibit 2 - Central Laborers' Responses to Defendants' Requests for Production of Documents, #3 Exhibit 3 - Laborers Pension Trust's Responses to Defendants' Requests for Production of Documents, #4 Exhibit 4 - LIUNA National's Responses to Defendants' Requests for Production of Documents, #5 Exhibit 5 - LIUNA Staff's Responses to Defendants' Requests for Production of Documents, #6 Exhibit 6 - UFCW's Responses to Defendants' Requests for Production of Documents, #7 Exhibit 7 - June 12, 2020 Letter, #8 Exhibit 8-18 Filed Under Seal, #9 Exhibit 19 - LIUNA Staff's Amended Responses to Defendants' First Set of Interrogatories, #10 Exhibit 20 - LIUNA National's Amended Responses to Defendants' First Set of Interrogatories, #11 Exhibit 21 - Plaintiffs' Second Amended Initial Disclosures, #12 Exhibit 22 - June 23, 2020 Letter, #13 Exhibit 23 - Central Laborers' Amended Responses to Defendants' First Set of Interrogatories, #14 Exhibit 24 - UFCW's Amended Responses to Defendants' First Set of Interrogatories, #15 Exhibit 25 - Laborers Pension Trust's Amended Responses to Defendants' First Set of Interrogatories, #16 Exhibit 26-29 Filed Under Seal)(Crace, Joseph)
September 30, 2020 Opinion or Order Filing 211 MEMORANDUM in Support of #210 MOTION to Compel Discovery from Plaintiffs filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman [REDACTED]. (Crace, Joseph)
September 30, 2020 Opinion or Order Filing 210 MOTION to Compel Discovery from Plaintiffs by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Crace, Joseph)
September 30, 2020 Opinion or Order Filing 209 STIPULATION and [Proposed] Order Extending Page Limits for Briefing on Class Certification by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Wood, Christopher)
September 9, 2020 Opinion or Order Filing 208 ORDER granting #207 Joint Motion to Amend Initial Case Management Order Relating to Deadlines for the Substantial Completion of Document Production and Motion for Class Certification. Signed by Magistrate Judge Jeffery S. Frensley on 9/9/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
September 8, 2020 Opinion or Order Filing 207 Joint MOTION to Amend/Correct Initial Case Management Order Relating to Deadlines for the Substantial Completion of Document Production and Motion for Class Certification by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Walker, Kathryn)
August 18, 2020 Opinion or Order Filing 206 Sealed Document Reply in Support of Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
August 18, 2020 Opinion or Order Filing 205 MOTION to Seal by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
August 18, 2020 Opinion or Order Filing 204 REPLY to Response to re #185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 [Redacted] filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
August 14, 2020 Opinion or Order Filing 203 ORDER GRANTING UNOPPOSED MOTION FOR ADDITIONAL PAGES AND AN EXTENSION OF TIME TO FILE PLAINTIFFS' REPLY BRIEF: This matter comes before the Court on the Unopposed Motion for Additional Pages and an Extension of Time to File Plaintiffs' Reply Brief filed by Plaintiffs with respect to their reply brief in support of Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 (the Motion). Docket No. 202. For good cause shown, this motion is GRANTED and it is hereby ORDERED that Plaintiffs may file a 10-page reply brief in support of their Motion by no later than August 18, 2020. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2020. (am)
August 12, 2020 Opinion or Order Filing 202 MOTION for Extension of Time to File Response/Reply as to #185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 , MOTION for Leave to File Excess Pages Unopposed Motion for Additional Pages and an Extension of Time to File Plaintiffs' Reply Brief by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Gray, J.)
August 10, 2020 Opinion or Order Filing 201 REPLY to Response to re #188 MOTION to Seal filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
August 7, 2020 Opinion or Order Filing 200 Sealed Document Declaration of Kathryn Hannen Walker in Support of Defendants' Response to Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit C - June 5, 2020 Second Amended Responses and Objections, #2 Exhibit D - Declaration of Marc A. Bonora, #3 Exhibit E - March 5, 2018 Correspondence, #4 Exhibit F - March 21, 2018 Correspondence)(Walker, Kathryn)
August 7, 2020 Opinion or Order Filing 199 Sealed Document Memorandum of Law in Support of Defendants' Opposition to Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Latham, Britt)
August 7, 2020 Opinion or Order Filing 198 MOTION for Leave to File Document Under Seal and Supporting Memorandum by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Walker, Kathryn)
August 7, 2020 Opinion or Order Filing 197 DECLARATION of Kathryn Hannen Walker filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #196 Response in Opposition to Motion,,. (Attachments: #1 Exhibit A - Defendants' Agreed Upon Custodians, #2 Exhibit B - Duplication Table, #3 Exhibit C - June 5, 2020 Second Amended Responses and Objections (Redacted), #4 Exhibit D - Declaration of Marc A. Bonora (Redacted), #5 Exhibit E - Filed Under Seal, #6 Exhibit F - Filed Under Seal)(Walker, Kathryn)
August 7, 2020 Opinion or Order Filing 196 RESPONSE in Opposition re #185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 (Redacted) filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Latham, Britt)
August 3, 2020 Opinion or Order Filing 195 DECLARATION of Marc Bonora filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #194 Response in Support of Motion,,. (Attachments: #1 Exhibit A - Chart of Sealed Exhibits and Redacted Exhibits)(Walker, Kathryn)
August 3, 2020 Opinion or Order Filing 194 RESPONSE in Support re #188 MOTION to Seal filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Exhibit A - Redacted Exhibits, #2 Exhibit B - Proposed Order)(Walker, Kathryn)
July 29, 2020 Opinion or Order Filing 193 ORDER granting #192 Motion for Extension of Time to File Response to Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3. This matter comes before the Court on the Motion for Extension of Time filed by Defendants with respect to their response to Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 (Motion). For good cause shown, this motion is GRANTED and it is hereby ORDERED that Defendants may file their response to Plaintiffs' Motion on or before Friday, August 7, 2020. Signed by Magistrate Judge Jeffery S. Frensley on 7/29/2020. (am)
July 28, 2020 Opinion or Order Filing 192 MOTION for Extension of Time to File Response to Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Walker, Kathryn)
July 20, 2020 Opinion or Order Filing 191 ORDER: Pending before the Court is Plaintiff's Motion for Leave to File Under Seal. Docket No. 188. By August 3, 2020, any party requesting documents identified in the Plaintiff's motion to be sealed must file a pleading in support of the motion to seal which demonstrates compelling reasons to seal the documents and that the sealing is narrowly tailored to those reasons. The pleading must specifically analyze in detail, document by document, the propriety of secrecy, providing factual support and legal citations. Generally, only trade secrets, information covered by a recognized privilege, and information required by statute to be maintained in confidence is typically enough to overcome the presumption of public access. Failure to comply with these procedures to provide sufficiently compelling reasons may result in the denial of the request to seal documents or portions of documents. Signed by Magistrate Judge Jeffery S. Frensley on 7/20/2020. (am) Modified text on 7/22/2020 (hb).
July 17, 2020 Opinion or Order Filing 190 Sealed Document Declaration of J. Marco Janoski Gray in Support of Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Exhibit 1 Bates Document, #2 Exhibit 2 Bates Document, #3 Exhibit 3 Bates Document, #4 Exhibit 4 Bates Document, #5 Exhibit 5 Bates Document, #6 Exhibit 6 Joint Status Report, #7 Exhibit 7 Letter, #8 Exhibit 8 Bates Document, #9 Exhibit 9 Bates Document, #10 Exhibit 10 Letter, #11 Exhibit 11 Email, #12 Exhibit 12 Letter, #13 Exhibit 13 Letter, #14 Exhibit 14 Letter, #15 Exhibit 15 Email, #16 Exhibit 16 Plaintiffs' First Set of Interrogatories, #17 Exhibit 17 Defendants' Responses, #18 Exhibit 18 Letter, #19 Exhibit 19 Letter, #20 Exhibit 20 Letter, #21 Exhibit 21 Defendants' Amended Responses, #22 Exhibit 22 Email, #23 Exhibit 23 Bates Document, #24 Exhibit 24 Bates Document, #25 Exhibit 25 Bates Document, #26 Exhibit 26 Bates Document, #27 Exhibit 27 Bates Document, #28 Exhibit 28 Bates Document, #29 Exhibit 29 Bates Document, #30 Exhibit 30 Bates Document, #31 Exhibit 31 Bates Document, #32 Exhibit 32 Bates Document, #33 Exhibit 33 Bates Document, #34 Exhibit 34 Bates Document, #35 Exhibit 35 Bates Document, #36 Exhibit 36 Bates Document, #37 Exhibit 37 Bates Document, #38 Exhibit 38 Bates Document, #39 Exhibit 39 Bates Document, #40 Exhibit 40 Bates Document, #41 Exhibit 41 Bates Document, #42 Exhibit 42 Bates Document, #43 Exhibit 43 Bates Document, #44 Exhibit 44 Bates Document, #45 Exhibit 45 Bates Document, #46 Exhibit 46 Bates Document, #47 Exhibit 47 Bates Document, #48 Exhibit 48 Bates Document, #49 Exhibit 49 Bates Document, #50 Exhibit 50 Bates Document, #51 Exhibit 51 Bates Document, #52 Exhibit 52 Bates Document, #53 Exhibit 53 Bates Document, #54 Exhibit 54 Bates Document, #55 Exhibit 55 Bates Document, #56 Exhibit 56 Bates Document, #57 Exhibit 57 Bates Document, #58 Exhibit 58 Bates Document, #59 Exhibit 59 Bates Document, #60 Exhibit 60 Bates Document, #61 Exhibit 61 Bates Document, #62 Exhibit 62 Bates Document, #63 Exhibit 63 Bates Document, #64 Exhibit 64 Bates Document, #65 Exhibit 65 Bates Document, #66 Exhibit 66 Bates Document, #67 Exhibit 67 Bates Document, #68 Exhibit 68 Bates Document, #69 Exhibit 69 Bates Document, #70 Exhibit 70 Bates Document, #71 Exhibit 71 Bates Document, #72 Exhibit 72 Bates Document, #73 Exhibit 73 Bates Document, #74 Exhibit 74 Bates Document, #75 Exhibit 75 Bates Document, #76 Exhibit 76 Bates Document, #77 Exhibit 77 Bates Document, #78 Exhibit 78 Bates Document, #79 Exhibit 79 Bates Document, #80 Exhibit 80 Bates Document, #81 Exhibit 81 Bates Document, #82 Exhibit 82 Bates Document, #83 Exhibit 83 Bates Document, #84 Exhibit 84 Bates Document, #85 Exhibit 85 Bates Document, #86 Exhibit 86 Bates Document, #87 Exhibit 87 Bates Document, #88 Exhibit 88 Bates Document, #89 Exhibit 89 Bates Document, #90 Exhibit 90 Bates Document, #91 Exhibit 91 Bates Document, #92 Exhibit 92 Bates Document, #93 Exhibit 93 Bates Document, #94 Exhibit 94 Bates Document, #95 Exhibit 95 Bates Document, #96 Exhibit 96 Bates Document, #97 Exhibit 97 Bates Document, #98 Exhibit 98 Bates Document, #99 Exhibit 99 Bates Document, #100 Exhibit 100 Bates Document, #101 Exhibit 101 Bates Document, #102 Exhibit 102 Bates Document, #103 Exhibit 103 Bates Document, #104 Exhibit 104 Bates Document, #105 Exhibit 105 Bates Document, #106 Exhibit 106 Bates Document, #107 Exhibit 107 Bates Document, #108 Exhibit 108 Letter, #109 Exhibit 109 Bates Document, #110 Exhibit 110 Bates Document, #111 Exhibit 111 Bates Document, #112 Exhibit 112 Bates Document, #113 Exhibit 113 Bates Document, #114 Exhibit 114 Bates Document)(Gray, J.)
July 17, 2020 Opinion or Order Filing 189 Sealed Document Memorandum of Law in Support of Plaintiffs' Motion to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
July 17, 2020 Opinion or Order Filing 188 MOTION to Seal by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Gray, J.)
July 17, 2020 Opinion or Order Filing 187 DECLARATION of J. Marco Janoski Gray filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: #185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3. (Attachments: #1 Exhibit 1-5 Filed Under Seal, #2 Exhibit 6 - Joint Status Report, #3 Exhibit 7 - Letter, #4 Exhibit 8-9 Filed Under Seal, #5 Exhibit 10 - Letter, #6 Exhibit 11 - Email, #7 Exhibit 12 - Letter, #8 Exhibit 13 - Letter, #9 Exhibit 14 - Letter, #10 Exhibit 15 - Email, #11 Exhibit 16 - Plaintiffs' First Set of Interrogatories, #12 Exhibit 17 - Defendants' Responses, #13 Exhibit 18 - Letter, #14 Exhibit 19 - Letter, #15 Exhibit 20 - Letter, #16 Exhibit 21 Filed Under Seal, #17 Exhibit 22 - Email, #18 Exhibit 23-107 Filed Under Seal, #19 Exhibit 108 - Letter, #20 Exhibit 109-114 Filed Under Seal)(Gray, J.)
July 17, 2020 Opinion or Order Filing 186 MEMORANDUM in Support of #185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California [Redacted]. (Gray, J.)
July 17, 2020 Opinion or Order Filing 185 MOTION to Compel Defendants to Search Additional Custodians and to Answer Interrogatory Nos. 1-3 by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Gray, J.)
June 29, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference by Telephone held on 6/29/2020. (Hearing lasted 00:45)(ms)
June 25, 2020 Opinion or Order Filing 184 Joint Status Report Regarding Discovery by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Shinnefield, Jessica) Modified Text on 6/29/2020 (am).
June 19, 2020 Opinion or Order Filing 183 ORDER denying #182 Motion to Withdraw as Attorney. Pending before the Court is a Motion to Withdraw filed by counsel for Movant Automotive Industries Pension Trust Fund (AIPTF). (Doc. No. 182). Through the Motion, counsel notifies the Court of Movants withdrawal from this action in October 16, 2017. (Doc. No. 53). However, because Movant was never terminated on the docket, counsel continues to receive notices in this action. The Clerk is DIRECTED to terminate Movant Automotive Industries Pension Trust Fund pursuant to the Notice filed in 2017. Counsel's Motion to Withdraw is DENIED as moot. Signed by District Judge William L. Campbell, Jr on 6/19/2020. (am)
June 12, 2020 Opinion or Order Filing 182 MOTION to Withdraw as Attorney by Automotive Industries Pension Trust Fund. (Elbert, Philip)
May 19, 2020 Opinion or Order Filing 181 ORDER granting #180 Motion for Christopher D. Stewart to Appear Pro Hac Vice. Signed by Kirk L. Davies on 5/19/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
May 18, 2020 Opinion or Order CA State Bar status verified as active for Christopher Stewart. (am)
May 15, 2020 Opinion or Order Filing 180 MOTION for attorney Christopher D. Stewart to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3142529) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Declaration of Christopher D. Stewart)(Wood, Christopher)
April 29, 2020 Opinion or Order Filing 179 ORDER granting #177 Motion for Alexi H. Pfeffer-Gillett to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
April 27, 2020 Opinion or Order Filing 178 DECLARATION of Alexi H. Pfeffer-Gillett filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: Annotation - Deficiency Notice,, #177 MOTION for attorney Alexi H. Pfeffer-Gillett to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3130199). (Attachments: #1 Exhibit A - Certificate of Good Standing from the United States District Court for the Northern District of California)(Wood, Christopher)
April 27, 2020 Opinion or Order CA State Bar status verified as active for Alexi H. Pfeffer-Gillett. (am)
April 27, 2020 Opinion or Order NOTICE TO FILER re DE#177 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk)
April 24, 2020 Opinion or Order Filing 177 MOTION for attorney Alexi H. Pfeffer-Gillett to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3130199) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Declaration of Alexi H. Pfeffer-Gillett)(Wood, Christopher)
April 22, 2020 Opinion or Order Filing 176 NOTICE by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman Agreed Document Production Protocol (Walker, Kathryn)
April 3, 2020 Opinion or Order Filing 175 JOINT STIPULATION AND PROTECTIVE ORDER. Signed by Magistrate Judge Jeffery S. Frensley on 4/3/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
April 2, 2020 Opinion or Order Filing 174 Joint Stipulation Proposed Protective Order by Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Appendix A - Undertaking)(Shinnefield, Jessica) Modified Text on 4/3/2020 (am).
March 27, 2020 Opinion or Order Filing 173 Joint Report Relating to Status of ESI Protocol by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 3/30/2020 (am).
March 25, 2020 Opinion or Order Filing 172 Transcript filed for date of March 12, 2020, before Judge Jeffery Frensley. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 4/1/2020. Redaction Request due 4/15/2020. Redacted Transcript Deadline set for 4/27/2020. Release of Transcript Restriction set for 6/23/2020. (RH)
March 24, 2020 Opinion or Order Filing 171 ORDER SETTING CASE FOR TRIAL: Jury Trial set for 9/13/2022 09:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Exhibit List due by 8/26/2022. Witness List due by 8/26/2022. Pretrial Conference set for 9/2/2022 10:00 AM in Courtroom A826 before District Judge William L. Campbell Jr. Joint Proposed Pretrial Order due by 8/26/2022. Signed by District Judge William L. Campbell, Jr on 3/24/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 17, 2020 Opinion or Order Filing 170 INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 2/8/2021. Discovery due by 6/13/2021. Dispositive Motions due by 1/10/2022. Status Telephone Conference set for 6/29/2020 at 09:00 AM before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 3/17/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
March 12, 2020 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference held on 3/12/2020. (Hearing lasted 1:41)(ms)
March 11, 2020 Opinion or Order Filing 169 ORDER granting #167 Motion to Participate in Initial Case Management Conference via Telephone. Motion GRANTED. Signed by Magistrate Judge Jeffery S. Frensley on 3/11/2020. (am)
March 11, 2020 Opinion or Order Filing 168 CERTIFICATE OF SERVICE by Envision Healthcare Corporation re #167 MOTION for Leave to Participate in Initial Case Management Conference via Telephone (Waldman, Craig)
March 11, 2020 Opinion or Order NOTICE TO FILER re DE#167 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (am)
March 10, 2020 Opinion or Order Filing 167 MOTION for Leave to Participate in Initial Case Management Conference via Telephone by Envision Healthcare Corporation. (Waldman, Craig)
March 9, 2020 Opinion or Order Filing 166 Joint Case Management Conference Statement. (Wood, Christopher) Modified Text on 3/10/2020 (am).
February 6, 2020 Opinion or Order Filing 165 ORDER: Initial Case Management Conference set for 3/12/2020 at 10:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 2/6/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
February 6, 2020 Opinion or Order TN State Bar status verified as active for Kathryn Hannen Walker. (am)
February 5, 2020 Opinion or Order Filing 164 NOTICE of Appearance by Kathryn Hannen Walker on behalf of Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman (Walker, Kathryn)
January 21, 2020 Opinion or Order Filing 163 ORDER granting #161 Motion for J. Marco Janoski Gray to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/21/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
January 21, 2020 Opinion or Order Filing 162 ORDER granting #160 Motion for Jessica T. Shinnefield to Appear Pro Hac Vice. Signed by Kirk L. Davies on 1/21/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
January 17, 2020 Opinion or Order CA State Bar status verified as active for Jessica Shinnefield, J. Marco Janoski Gray. (am)
January 16, 2020 Opinion or Order Filing 161 MOTION for attorney J. Marco Janoski Gray to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3068132) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Declaration of J. Marco Janoski Gray)(Wood, Christopher)
January 16, 2020 Opinion or Order Filing 160 MOTION for attorney Jessica T. Shinnefield to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3068112) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Declaration of Jessica T. Shinnefield)(Wood, Christopher)
December 27, 2019 Opinion or Order Filing 159 ORDER granting #156 Motion for Peter E. Kazanoff and Craig S. Waldman to Appear Pro Hac Vice. Signed by Kirk L. Davies on 12/27/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
December 26, 2019 Opinion or Order NY State Bar status verified as active for Peter E. Kazanoff, Craig S. Waldman. (am)
December 23, 2019 Opinion or Order Filing 158 AMENDED ANSWER to #88 Amended Complaint,,,, (Corrected Version) by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Crace, Joseph)
December 23, 2019 Opinion or Order Filing 157 ANSWER to #88 Amended Complaint,,,, by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman.(Crace, Joseph)
December 23, 2019 Opinion or Order Filing 156 MOTION for attorney Peter E. Kazanoff; Craig S. Waldman to Appear Pro Hac Vice (paid $200 PHV fee; receipt number 0650-3055367) by Envision Healthcare Corporation. (Attachments: #1 Attachment - Declaration of Peter E. Kazanoff, #2 Attachment - Certificate of Good Standing (P. Kazanoff), #3 Attachment - Declaration of Craig S. Waldman, #4 Attachment - Certificate of Good Standing (C. Waldman), #5 Attachment - Proposed Order)(Crace, Joseph)
December 3, 2019 Opinion or Order Filing 155 ORDER granting #154 Motion for Extension of Time to Answer CD&R Advisor Fund VIII Co-Investor, L.P. answer due 12/23/2019; CD&R Associates VIII Ltd. answer due 12/23/2019; CD&R EMS Co-Investor, L.P. answer due 12/23/2019; CD&R Friends and Family Fund VIII, L.P. answer due 12/23/2019; Thomas G. Cigarran answer due 12/23/2019; Clayton, Dubilier & Rice Fund VIII, L.P. answer due 12/23/2019; Clayton, Dubilier & Rice, LLC answer due 12/23/2019; James A. Deal answer due 12/23/2019; Kevin D. Eastridge answer due 12/23/2019; Envision Healthcare Corporation answer due 12/23/2019; John T. Gawaluck answer due 12/23/2019; Steven I. Geringer answer due 12/23/2019; Claire M. Gulmi answer due 12/23/2019; Henry D. Herr answer due 12/23/2019; Christopher A. Holden answer due 12/23/2019; Joey A. Jacobs answer due 12/23/2019; Kevin P. Lavender answer due 12/23/2019; Mark V. Mactas answer due 12/23/2019; Cynthia S. Miller answer due 12/23/2019; Randel G. Owen answer due 12/23/2019; John W. Popp, Jr answer due 12/23/2019; William A. Sanger answer due 12/23/2019; Craig A. Wilson answer due 12/23/2019; Todd G. Zimmerman answer due 12/23/2019. Signed by Magistrate Judge Jeffery S. Frensley on 12/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
December 2, 2019 Opinion or Order Filing 154 MOTION for Extension of Time to File Answer (Unopposed) by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Crace, Joseph)
November 19, 2019 Opinion or Order Filing 153 ORDER granting #122 Motion to Dismiss; granting in part and denying in part #125 Motion to Dismiss. Signed by District Judge William L. Campbell, Jr on 11/19/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
November 19, 2019 Opinion or Order Filing 152 MEMORANDUM OPINION OF THE COURT. Signed by District Judge William L. Campbell, Jr on 11/19/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
August 15, 2019 Opinion or Order Filing 151 ORDER: Pending before the Court is Lead Plaintiff's Motion to Ascertain Status of Pending Motions to Dismiss (Doc. No. 150). The Motion is GRANTED. The Court is actively reviewing the pending motions (Doc. Nos. 122 and 125) and will rule on them in due time. Signed by District Judge William L. Campbell, Jr on 8/15/2019. (am) (Main Document 151 replaced on 8/29/2019) (am). Modified Text on 8/29/2019 (am).
July 31, 2019 Opinion or Order Filing 150 MOTION to Ascertain Status of Pending Motions to Dismiss by Laborers Pension Trust Fund for Northern California. (Wood, Christopher)
July 2, 2019 Opinion or Order Filing 149 Transcript filed for date of June 17, 2019, before Judge Jeffery Frensley. Court Reporter/Transcriber: Roxann Harkins, 615-403-8314, roxann_harkins@tnmd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IT IS THE RESPONSIBILITY OF COUNSEL TO REVIEW THE TRANSCRIPT AND REQUEST REDACTION OF CONTENT CLASSIFIED AS PRIVATE UNDER THE NOTICE TO MEMBERS OF THE BAR, ELECTRONIC AVAILABILITY OF TRANSCRIPTS OF COURT PROCEEDINGS, EFFECTIVE MAY 5, 2008, AVAILABLE ON THE COURT'S WEBSITE UNDER THE CM-ECF CASE INFO LINK, GENERAL INFORMATION, ELECTRONIC TRANSCRIPTS NOTICE. Intent to Request Transcript Redaction due 7/9/2019. Redaction Request due 7/23/2019. Redacted Transcript Deadline set for 8/2/2019. Release of Transcript Restriction set for 9/30/2019. (RH)
June 17, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Jeffery S. Frensley: Case Management Conference held on 6/17/2019. (Tape #17jun2019-F.) (Hearing lasted :25)(hv)
June 12, 2019 Opinion or Order Filing 148 Joint Case Management Conference Statement. (Attachments: #1 Exhibit A 2019-05-23 Letter from JEM to Crace, #2 Exhibit B 2019-06-07 Crace response to JEM re Preservation)(Wood, Christopher) Modified Text on 6/13/2019 (am).
April 29, 2019 Opinion or Order Filing 147 ORDER granting #146 Motion to Continue Initial Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 4/29/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
April 29, 2019 Opinion or Order Set/Reset Hearings: Initial Case Management Conference reset for 6/17/2019 at 10:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (am)
April 25, 2019 Opinion or Order Filing 146 Joint Motion to Reschedule Case Management Conference by Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 4/26/2019 (am).
March 25, 2019 Opinion or Order Filing 145 ORDER granting #144 Joint Motion to Reschedule Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 3/25/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 25, 2019 Opinion or Order Set/Reset Hearings: Initial Case Management Conference reset for 5/2/2019 at 11:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (am)
March 21, 2019 Opinion or Order Filing 144 Joint Motion to Reschedule Case Management Conference by Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 3/22/2019 (am).
January 14, 2019 Opinion or Order Filing 143 ORDER granting #142 Joint Motion to Reschedule Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 1/14/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
January 14, 2019 Opinion or Order Set/Reset Hearings: Initial Case Management Conference reset for 3/27/2019 at 09:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (am)
January 10, 2019 Opinion or Order Filing 142 Joint Motion to Reschedule Case Management Conference by Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 1/11/2019 (am).
January 8, 2019 Opinion or Order Filing 141 CERTIFICATE OF SERVICE by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC re #140 Notice (Other), (Greenfield, Elliot)
January 8, 2019 Opinion or Order Notice to Filer re DE #140 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents. (am)
January 7, 2019 Opinion or Order Filing 140 Notice of Withdrawal of Attorney Rachel A. Shanies by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC (Greenfield, Elliot) Modified Text on 1/8/2019 (am).
November 13, 2018 Opinion or Order Filing 139 ORDER granting #138 Motion to Continue. The Case Management Conference is reset to January 16, 2019, at 11:00 a.m. in courtroom 783 before the undersigned. Signed by Magistrate Judge Jeffery S. Frensley on 11/13/2018. (jm)
November 13, 2018 Opinion or Order Reset Hearing: Case Management Conference set for 1/16/2019 at 11:00 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (jm)
November 9, 2018 Opinion or Order Filing 138 Joint Motion to Reschedule Case Management Conference by Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 11/19/2018 (am).
October 18, 2018 Opinion or Order Filing 137 RESPONSE filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re #136 Notice (Other), filed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds . (Latham, Britt)
October 11, 2018 Opinion or Order Filing 136 NOTICE by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California Notice of Supplemental Authority in Support of Plaintiffs' Opposition to Defendants' Motions to Dismiss (Attachments: #1 Attachment Dougherty v. Esperion Therapeutics, Inc.)(Wood, Christopher)
September 10, 2018 Opinion or Order Filing 135 ORDER granting #134 Motion to Continue Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 9/10/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
September 10, 2018 Opinion or Order Set/Reset Hearings: Initial Case Management Conference reset for 11/14/2018 at 10:30 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. (am)
September 6, 2018 Opinion or Order Filing 134 Joint Motion to Reschedule Case Management Conference by Laborers Pension Trust Fund for Northern California. (Wood, Christopher) Modified Text on 9/7/2018 (am).
July 13, 2018 Opinion or Order Filing 133 REPLY in Support of re #125 MOTION to Dismiss the Consolidated Amended Complaint filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Compendium of Unreported Cases)(Latham, Britt) Modified Text on 7/16/2018 (am).
July 13, 2018 Opinion or Order Filing 132 REPLY Memorandum of Law in Support of re #122 MOTION to Dismiss / Motion of the CD&R Defendants to Dismiss the Consolidated Amended Complaint / Reply Memorandum of Law in Support of the CD&R Defendants' Motion to Dismiss the Consolidated Amended Complaint filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Selden, Shannon) Modified Text on 7/16/2018 (am).
June 11, 2018 Opinion or Order Filing 131 RESPONSE in Opposition re #125 MOTION to Dismiss the Consolidated Amended Complaint, #122 MOTION to Dismiss / Motion of the CD&R Defendants to Dismiss the Consolidated Amended Complaint filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Compendium of Unreported Cases)(Wood, Christopher)
June 8, 2018 Opinion or Order Filing 130 ORDER granting #129 Motion for Leave to File Excess Pages. Signed by District Judge William L. Campbell, Jr on 6/8/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
June 6, 2018 Opinion or Order Filing 129 Plaintiffs' Unopposed Motion to Exceed Page Limit by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Proposed Order)(Wood, Christopher) Modified Text on 6/7/2018 (am).
April 20, 2018 Opinion or Order Filing 128 ORDER: On April 3, 2018, the CD&R Defendants and Envision Healthcare and the Individual Defendants each filed a Motion to Dismiss the Consolidated Amended Complaint with supporting documents. Docket Nos. 122-124 and 125-127. According to the Case Management Order filed on February 21, 2018, any Response is due on or before June 11, 2018, and any Reply is due on or before July 13, 2018. Docket No. 112. Any filings made related the Motions to Dismiss (for extensions of time, exceed the page limits, seal documents, or make manual filings) shall be considered by the Honorable William L. Campbell, Jr., District Judge. Signed by Magistrate Judge Jeffery S. Frensley on 4/20/2018. (am)
April 3, 2018 Opinion or Order Filing 127 DECLARATION of Joseph B. Crace, Jr. filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman re: #125 MOTION to Dismiss the Consolidated Amended Complaint. (Attachments: #1 Exhibit 1 - Forward-Looking and Cautionary Language Excerpts, #2 Exhibit 2 - Envision Prospectus filed February 5, 2014, #3 Exhibit 3 - Envision Form 10-K (for period ended December 31, 2015) filed February 29, 2016, #4 Exhibit 4 - Envision Schedule 14A filed October 21, 2016, #5 Exhibit 5 - Envision Exhibit 99 (Exhibit to Form 8-K) filed October 31, 2017, #6 Exhibit 6 - Envision Exhibit 99.1 (Exhibit to Form 8K) filed November 13, 2017, #7 Exhibit 7 - Carol J. Burt Form 4s, #8 Exhibit 8 - James A. Deal Form 4s, #9 Exhibit 9 - Kevin D. Eastridge Form 4s, #10 Exhibit 10 - John T. Gawaluck Form 4s, #11 Exhibit 11 - Steven I. Geringer Form 4s, #12 Exhibit 12 - Claire M. Gulmi Form 4s, #13 Exhibit 13 - Christopher A. Holden Form 4s, #14 Exhibit 14 - Joey A. Jacobs Form 4s, #15 Exhibit 15 - Kevin P. Lavender Form 4s, #16 Exhibit 16 - Mark V. Mactas Form 4s, #17 Exhibit 17 - Cynthia S. Miller Form 4s, #18 Exhibit 18 - Randel G. Owen Form 4s, #19 Exhibit 19 - William A. Sanger Form 4s, #20 Exhibit 20 - Richard J. Schnall Form 4s, #21 Exhibit 21 - James D. Shelton Form 4s, #22 Exhibit 22 - Michael L. Smith Form 4s, #23 Exhibit 23 - Ronald A. Williams Form 4s, #24 Exhibit 24 - Craig A. Wilson Form 4s, #25 Exhibit 25 - Todd G. Zimmerman Form 4s, #26 Exhibit 26 - Piper Jaffray Healthcare Conference Transcript (December 2, 2015), #27 Exhibit 27 - Envision First Quarter 2016 Earnings Conference Call Transcript (May 5, 2016), #28 Exhibit 28 - Citi Global Healthcare Conference Transcript (December 7, 2016), #29 Exhibit 29 - Envision Fourth Quarter 2016 Earnings Conference Call Transcript (February 28, 2017), #30 Exhibit 30 - Barclays Global Healthcare Conference Transcript (March 14, 2017), #31 Exhibit 31 - Oppenheimer Healthcare Conference Transcript (March 21, 2017), #32 Exhibit 32 - Bank of America Merrill Lynch Health Care Conference Transcript (May 16, 2017), #33 Exhibit 33 - Jefferies Healthcare Conference Transcript (June 7, 2017), #34 Exhibit 34 - Envision Second Quarter 2017 Earnings Conference Call Transcript (August 8, 2017), #35 Exhibit 35 - Robert W. Baird Global Healthcare Conference Transcript (September 6, 2017), #36 Exhibit 36 - Wells Fargo Healthcare Conference Transcript (September 7, 2017), #37 Exhibit 37 - Envision Third Quarter 2017 Earnings Conference Call Transcript (November 1, 2017), #38 Exhibit 38 - Surprise Out-of-Network Billing for Emergency Care in the United States, NBER Working Paper 23623, July 2017, #39 Exhibit 39 - The Company Behind Many Surprise Emergency Room Bills, The New York Times, July 24, 2017)(Crace, Joseph)
April 3, 2018 Opinion or Order Filing 126 MEMORANDUM in Support of #125 MOTION to Dismiss the Consolidated Amended Complaint filed by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman . (Attachments: #1 Attachment - Compendium of Unreported Cases)(Latham, Britt)
April 3, 2018 Opinion or Order Filing 125 MOTION to Dismiss the Consolidated Amended Complaint by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Latham, Britt)
April 3, 2018 Opinion or Order Filing 124 DECLARATION of Elliot Greenfield filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC re: #122 MOTION to Dismiss / Motion of the CD&R Defendants to Dismiss the Consolidated Amended Complaint. (Attachments: #1 Exhibit A - Envision Stockholders Agreement, #2 Exhibit B - Envision IPO Prospectus Excerpts, #3 Exhibit C - 2-5-14 Prospectus Excerpts, #4 Exhibit D - 7-10-14 Prospectus Excerpts, #5 Exhibit E - 9-23-14 Prospectus Excerpts, #6 Exhibit F - 3-5-15 Prosepectus Excerpts, #7 Exhibit G - CD&R EMS Co-Investor, LP Certificate of Dissolution)(Greenfield, Elliot)
April 3, 2018 Opinion or Order Filing 123 MEMORANDUM in Support of #122 MOTION to Dismiss / Motion of the CD&R Defendants to Dismiss the Consolidated Amended Complaint filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC / Memorandum of Law in Support of the CD&R Defendants' Motion to Dismiss the Consolidated Amended Complaint. (Selden, Shannon)
April 3, 2018 Opinion or Order Filing 122 MOTION to Dismiss / Motion of the CD&R Defendants to Dismiss the Consolidated Amended Complaint by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Selden, Shannon)
April 3, 2018 Opinion or Order Filing 121 CORPORATE DISCLOSURE STATEMENT filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Selden, Shannon)
March 29, 2018 Opinion or Order Filing 120 ORDER granting #114 Motion for Elliot Greenfield, Shannon Rose Selden, and Rachel A. Shanies to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 3/29/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 27, 2018 Opinion or Order Filing 119 ORDER granting #118 Motion to Exceed Page Limit. Signed by District Judge William L. Campbell, Jr on 3/27/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 27, 2018 Opinion or Order NY State Bar status verified as active for Elliot Greenfield, Shannon Rose Selden, Rachel A. Shanie. (am)
March 26, 2018 Opinion or Order Filing 118 MOTION to Exceed Page Limit by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Attachments: #1 Attachment - Proposed Order)(Latham, Britt)
March 26, 2018 Opinion or Order Filing 117 CERTIFICATE OF GOOD STANDING of Attorney Rachel A. Shanies from the United States District Court for the Southern District of New York filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Hicks, John)
March 26, 2018 Opinion or Order Filing 116 CERTIFICATE OF GOOD STANDING of Attorney Shannon Rose Selden from the United States District Court for the Southern District of New York filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Hicks, John)
March 26, 2018 Opinion or Order Filing 115 CERTIFICATE OF GOOD STANDING of Attorney Elliot Greenfield from the United States District Court for the Southern District of New York filed by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Hicks, John)
March 26, 2018 Opinion or Order Filing 114 MOTION for attorney(s) Elliot Greenfield, Shannon Rose Selden, and Rachel A. Shanies to Appear Pro Hac Vice (paid $225 PHV fee; receipt number 0650-2638637) by CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC. (Hicks, John)
February 26, 2018 Opinion or Order Filing 113 ORDER: Case Management Conference set for 9/11/2018 at 10:30 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. Signed by Magistrate Judge Jeffery S. Frensley on 2/26/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am) (Main Document 113 replaced on 2/27/2018) (am).
February 21, 2018 Opinion or Order Filing 112 STIPULATION AND ORDER AMENDING BRIEFING SCHEDULE. Signed by Magistrate Judge Jeffery S. Frensley on 2/21/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
February 19, 2018 Opinion or Order Filing 111 STIPULATION and [Proposed] Order Amending Briefing Schedule by Carol J. Burt, Thomas G. Cigarran, James A. Deal, Kevin D. Eastridge, Envision Healthcare Corporation, John T. Gawaluck, Steven I. Geringer, Claire M. Gulmi, Henry D. Herr, Christopher A. Holden, Joey A. Jacobs, Kevin P. Lavender, Mark V. Mactas, Cynthia S. Miller, Randel G. Owen, John W. Popp, Jr, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman. (Latham, Britt)
February 12, 2018 Opinion or Order Filing 110 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. CD&R Friends and Family Fund VIII, L.P. waiver sent on 2/7/2018. (Wood, Christopher)
February 12, 2018 Opinion or Order Filing 109 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. CD&R EMS Co-Investor, L.P. waiver sent on 2/7/2018. (Wood, Christopher)
February 12, 2018 Opinion or Order Filing 108 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. CD&R Associates VIII Ltd. waiver sent on 2/7/2018. (Wood, Christopher)
February 12, 2018 Opinion or Order Filing 107 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. CD&R Advisor Fund VIII Co-Investor, L.P. waiver sent on 2/7/2018. (Wood, Christopher)
February 12, 2018 Opinion or Order Filing 106 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Clayton, Dubilier & Rice Fund VIII, L.P. waiver sent on 2/7/2018. (Wood, Christopher)
February 12, 2018 Opinion or Order Filing 105 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Clayton, Dubilier & Rice, LLC waiver sent on 2/7/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 104 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Todd G. Zimmerman waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 103 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Craig A. Wilson waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 102 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. John W. Popp, Jr waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 101 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Cynthia S. Miller waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 100 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Kevin P. Lavender waiver sent on 2/6/2018. (Wood, Christopher) Modified Text on 2/8/2018 (am).
February 7, 2018 Opinion or Order Filing 99 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Joey A. Jacobs waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 98 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Henry D. Herr waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 97 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Steven I. Geringer waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 96 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. John T. Gawaluck waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 95 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Kevin D. Eastridge waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 94 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. James A. Deal waiver sent on 2/6/2018. (Wood, Christopher)
February 7, 2018 Opinion or Order Filing 93 WAIVER OF SERVICE Returned Executed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. Thomas G. Cigarran waiver sent on 2/6/2018. (Wood, Christopher)
February 6, 2018 Opinion or Order Filing 92 Summons issued as to CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Associates VIII Ltd., CD&R EMS Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., Thomas G. Cigarran, Clayton, Dubilier & Rice Fund VIII, L.P., Clayton, Dubilier & Rice, LLC, James A. Deal, Kevin D. Eastridge, John T. Gawaluck, Steven I. Geringer, Henry D. Herr, Joey A. Jacobs, Kevin D. Lavender, Cynthia S. Miller, John W. Popp, Jr, Craig A. Wilson, Todd G. Zimmerman.(Service copies to be up in Clerk's Office) (ab)
January 29, 2018 Opinion or Order Filing 91 ORDER granting #85 Motion for Darren J. Robbins to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 1/29/2018. (ab)
January 29, 2018 Opinion or Order Filing 90 ORDER granting #84 Motion for Eric I. Niehaus to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 1/29/2018. (ab)
January 29, 2018 Opinion or Order Filing 89 ORDER granting #83 Motion for Spencer Burkholz to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 1/29/2018. (ab)
January 26, 2018 Opinion or Order Filing 88 AMENDED COMPLAINT Consolidated Class Action Complaint for Violation of the Federal Securities Laws against Carol J. Burt, Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Mark V. Mactas, Randel G. Owen, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams, Craig A. Wilson, Todd G. Zimmerman, Kevin D. Eastridge, Thomas G. Cigarran, James A. Deal, John T. Gawaluck, Steven I. Geringer, Henry D. Herr, Joey A. Jacobs, Kevin D. Lavender, Cynthia S. Miller, John W. Popp, Jr, Clayton, Dubilier & Rice, LLC, CD&R Associates VIII Ltd., Clayton, Dubilier & Rice Fund VIII, L.P., CD&R EMS Co-Investor, L.P., CD&R Advisor Fund VIII Co-Investor, L.P., CD&R Friends and Family Fund VIII, L.P., filed by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. (Attachments: #1 Attachment Certification of Laborers Pension Trust Fund for Northern California, #2 Attachment Certification of Central Laborers' Pension Fund, #3 Attachment Certification of United Food and Commercial Workers Union Local 655 Food Employers Joint Pension Fund)(Wood, Christopher)
January 25, 2018 Opinion or Order Filing 87 ORDER: I hereby recuse myself from this action. The file shall be returned to the Clerk for reassignment to another judge. (Case reassigned to District Judge William L. Campbell, Jr for all further proceedings). Signed by District Judge Aleta A. Trauger on 1/25/2018. (ab)
January 23, 2018 Opinion or Order Filing 86 NOTICE of Appearance by Christopher Hamp Lyons on behalf of LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California (Lyons, Christopher)
January 23, 2018 Opinion or Order Filing 85 MOTION for attorney(s) Darren J. Robbins to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2596173) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Certificate of Good Standing)(Wood, Christopher)
January 19, 2018 Opinion or Order Filing 84 MOTION for attorney(s) Eric I. Niehaus to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2593998) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Certificate of Good Standing)(Wood, Christopher)
January 19, 2018 Opinion or Order Filing 83 MOTION for attorney(s) Spencer A. Burkholz to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2593988) by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Certificate of Good Standing)(Wood, Christopher)
January 3, 2018 Opinion or Order Filing 82 STIPULATION AND ORDER AMENDING SCHEDULE FOR PLEADING AND BRIEFING signed by Magistrate Judge Jeffery S. Frensley on 1/3/2018. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
December 19, 2017 Opinion or Order Filing 81 ORDER: Chief Judge Waverly D. Crenshaw, Jr recused. (Case reassigned to District Judge Aleta A. Trauger for all further proceedings). Signed by Chief Judge Waverly D. Crenshaw, Jr. on 12/19/2017. (ab)
December 15, 2017 Opinion or Order Filing 80 STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULE FOR PLEADING AND BRIEFING by Terry W. Bettis. (Martin, Jerry)
December 12, 2017 Opinion or Order NOTICE TO COUNSEL Joseph E. White, III, Lester R. Hooker, Maya Susan Saxena, Steven B. Singer: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 1/2/2018. (ab)
November 30, 2017 Opinion or Order Filing 79 ORDER granting #66 Motion to Postpone the Initial Case Management Conference. Signed by Magistrate Judge Jeffery S. Frensley on 11/30/2017. (ab)
November 29, 2017 Opinion or Order Filing 78 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. William A. Sanger waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 77 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Ronald A. Williams waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 76 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Richard J. Schnall waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 75 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Randel G. Owen waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 74 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Michael L. Smith waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 73 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Mark V. Mactas waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 72 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Leonard M. Riggs, Jr waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 71 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. James D. Shelton waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 70 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Envision Healthcare Corporation waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 69 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Claire M. Gulmi waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 68 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Christopher A. Holden waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 67 WAIVER OF SERVICE Returned Executed by Central Laborers' Pension Fund. Carol J. Burt waiver sent on 11/17/2017. (Bobbitt, Jonathan)
November 29, 2017 Opinion or Order Filing 66 Joint MOTION to Postpone the Initial Case Management Conference by Carol J. Burt, Central Laborers' Pension Fund, Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Mark V. Mactas, Randel G. Owen, Leonard M. Riggs, Jr, William A. Sanger, Richard J. Schnall, James D. Shelton, Michael L. Smith, Ronald A. Williams. (Attachments: #1 Attachment - Proposed Order)(Latham, Britt)
November 21, 2017 Opinion or Order Filing 65 **DISREGARD, ENTERED IN ERROR**NOTICE of Corporate Disclosure Statement filing requirement. (ab) Modified on 11/21/2017 (ab).
November 21, 2017 Opinion or Order DISREGARD DE# 65 NOTICE: Entered in error. (ab)
November 15, 2017 Opinion or Order Filing 64 CERTIFICATE of Service filed by Central Laborers' Pension Fund re #62 MOTION for attorney(s) John T. Long to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2555787) filed by Central Laborers' Pension Fund. (Bobbitt, Jonathan)
November 15, 2017 Opinion or Order Filing 63 ORDER granting #62 Motion for John T. Long to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 11/15/2017. (ab)
November 15, 2017 Opinion or Order IL State Bar status verified as active for John T. Long. (ab)
November 15, 2017 Opinion or Order Notice to Filer re DE #62 : Pursuant to Local Rule 5.01, all filings shall include a Certificate of Service and it shall identify by name the person served, what was served, the method of service, and date of service. Counsel SHALL FILE a conformed Certificate of Service for this document using the Certificate event located under Other Documents (ab)
November 14, 2017 Opinion or Order Filing 62 MOTION for attorney(s) John T. Long to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2555787) by Central Laborers' Pension Fund. (Attachments: #1 Attachment Certificate of Good Standing)(Bobbitt, Jonathan)
November 7, 2017 Opinion or Order Filing 61 ORDER: Pursuant to Magistrate Judge Frensley's November 6, 2017 Order (Doc. No. #60 ), Case Number 3:17-cv-1397 is CONSOLIDATED with the two cases in this action, with 3:17-cv-1112 serving as the lead case. Defendants signed the Stipulation (Doc. No. #59 ), and the parties obtained the consent of the plaintiffs in case number 3:17-cv-1397. All future filings shall be made in the lead case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/7/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
November 6, 2017 Opinion or Order Filing 60 STIPULATION AND ORDER REGARDING SCHEDULE FOR PLEADING AND BRIEFING signed by Magistrate Judge Jeffery S. Frensley on 11/6/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
November 3, 2017 Opinion or Order Filing 59 STIPULATION and Proposed Order Regarding Schedule for Pleading and Briefing by Terry W. Bettis. (Martin, Jerry)
October 27, 2017 Opinion or Order Filing 58 ORDER: The Laborers Pension Funds Motion to Appoint Counsel and to Consolidate Cases (Doc. No. 45) is GRANTED. The competing Motions to Appoint Counsel (Doc. Nos. 40, 43) are DENIED. Case Number 3:17-cv-01112 shall be the lead case, and all future filings shall be made in that case. Signed by Chief Judge Waverly D. Crenshaw, Jr on 10/27/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
October 25, 2017 Opinion or Order Filing 57 NOTICE by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re #45 MOTION to Consolidate Cases MOTION to Appoint Counsel and for Appointment as Lead Plaintiff Notice of Unopposed Motion (Attachments: #1 Attachment Text of Amended [Proposed] Order)(Martin, Jerry)
October 19, 2017 Opinion or Order TN State Bar status verified as active for Christopher M. Wood. (ab)
October 17, 2017 Opinion or Order Filing 56 RESPONSE in Opposition re #37 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Selection of Counsel, #32 MOTION to Appoint Counsel and Lead Plaintiff, #29 MOTION to Consolidate Cases / Related Actions MOTION to Substitute Party by Appointment as Lead Plaintiff, and MOTION for Approval of Its Selection of Counsel , #43 MOTION to Appoint Counsel Motion for Appointment as Lead Plaintiff and Approval of Choice of Counsel, #40 MOTION to Consolidate Cases , APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California. (Attachments: #1 Attachment Blitz v. AgFeed, #2 Attachment Francisco v. Abengoa, #3 Attachment Garden City Emps. Ret. Sys. v. Psychiatric Solutions, #4 Attachment In re Regions Morgan Keegan Closed-End Fund Litig.)(Martin, Jerry)
October 17, 2017 Opinion or Order Filing 55 NOTICE by PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM re #40 MOTION to Consolidate Cases , APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL (Stranch, James)
October 17, 2017 Opinion or Order Filing 54 NOTICE of Appearance by Christopher M. Wood on behalf of LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California (Wood, Christopher)
October 16, 2017 Opinion or Order Filing 53 NOTICE by Automotive Industries Pension Trust Fund re #29 MOTION to Consolidate Cases / Related Actions MOTION to Substitute Party by Appointment as Lead Plaintiff, and MOTION for Approval of Its Selection of Counsel - Withdrawal of Motion (Elbert, Philip)
October 12, 2017 Opinion or Order Filing 52 NOTICE by CFG Custom Portfolio Corporation, Carpenters Pension Fund of Illinois re #37 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Selection of Counsel OF WITHDRAWAL OF MOTION (Chalos, Mark)
October 11, 2017 Opinion or Order Filing 51 NOTICE of Withdrawal of Motion by Michael Avenia re #32 MOTION to Appoint Counsel and Lead Plaintiff, #33 Memorandum in Support, #34 Declaration, (Holifield, James) Modified on 10/12/2017 (ab).
October 4, 2017 Opinion or Order TN State Bar status verified as active for Mark P. Chalos, Kenneth S. Byrd, James Gerard Stranch, IV, Lisa A. White, Gregory F. Coleman. (ab)
October 3, 2017 Opinion or Order Filing 50 NOTICE by CFG Custom Portfolio Corporation, Carpenters Pension Fund of Illinois re #37 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Selection of Counsel of Corrected Filing of Exhibit B [37-4] to Declaration of Joseph E. WHITE, III (Attachments: #1 Exhibit B to the Declaration of Joseph E. White, III)(Chalos, Mark)
October 3, 2017 Opinion or Order Filing 49 NOTICE of Appearance by James Gerard Stranch, IV on behalf of PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM (Stranch, James)
October 3, 2017 Opinion or Order Filing 48 DECLARATION of Jerry E. Martin filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California re: #45 MOTION to Consolidate Cases MOTION to Appoint Counsel and for Appointment as Lead Plaintiff. (Attachments: #1 Exhibit A - PSLRA Notice, #2 Exhibit B - Certifications, #3 Exhibit C - Estimate of losses, #4 Exhibit D - Joint Declaration in Support, #5 Exhibit E - Robbins Geller Rudman & Dowd LLP firm resume)(Martin, Jerry)
October 3, 2017 Opinion or Order Filing 47 MEMORANDUM in Support of #45 MOTION to Consolidate Cases MOTION to Appoint Counsel and for Appointment as Lead Plaintiff filed by LIUNA National (Industrial) and Staff & Affiliates Pension Funds, Laborers Pension Trust Fund for Northern California . (Attachments: #1 Attachment Blitz v. AgFeed, #2 Attachment Burges v. BancorpSouth, #3 Attachment French v. CBL & Associates, #4 Attachment Garden City Emps. Ret. Sys. v. Psychiatric Solutions (2010), #5 Attachment Garden City Emps. Ret. Sys. v. Psychiatric Solutions (2012), #6 Attachment Norfolk Cty Ret. Sys. v. Cmty. Health)(Martin, Jerry)
October 3, 2017 Opinion or Order Filing 46 DECLARATION of Gregory F. Coleman filed by Wayne County Employees' Retirement System re: #43 MOTION to Appoint Counsel Motion for Appointment as Lead Plaintiff and Approval of Choice of Counsel, #44 Memorandum in Support,. (Attachments: #1 Exhibit 1: Wayne County Certification, #2 Exhibit 2: PSLRA Loss Calculations, #3 Exhibit 3: Globe Newswire Press Release, #4 Exhibit 4: Miller Law Firm Resume, #5 Exhibit 5: Greg Coleman Law Resume)(Coleman, Gregory)
October 3, 2017 Opinion or Order Filing 45 MOTION to Consolidate Cases , MOTION to Appoint Counsel and for Appointment as Lead Plaintiff by Laborers Pension Trust Fund for Northern California, LIUNA National (Industrial) and Staff & Affiliates Pension Funds. (Attachments: #1 Attachment Text of Proposed Order)(Martin, Jerry)
October 3, 2017 Opinion or Order Filing 44 MEMORANDUM in Support of #43 MOTION to Appoint Counsel Motion for Appointment as Lead Plaintiff and Approval of Choice of Counsel filed by Wayne County Employees' Retirement System . (Attachments: #1 Exhibit A: Unpublished Cases)(Coleman, Gregory)
October 3, 2017 Opinion or Order Filing 43 MOTION to Appoint Counsel Motion for Appointment as Lead Plaintiff and Approval of Choice of Counsel by Wayne County Employees' Retirement System. (Attachments: #1 Exhibit A: [Proposed] Order)(Coleman, Gregory)
October 3, 2017 Opinion or Order Filing 42 DECLARATION of THOMAS L. LAUGHLIN, IV filed by PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM re: #40 MOTION to Consolidate Cases , APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL. (Attachments: #1 Exhibit A - Certification, #2 Exhibit B - Loss Chart, #3 Exhibit C - Notices, #4 Exhibit D - S+S Resume, #5 Exhibit E - BSJ Resume)(Stranch, James)
October 3, 2017 Opinion or Order Filing 41 MEMORANDUM in Support of #40 MOTION to Consolidate Cases , APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL filed by PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM . (Stranch, James)
October 3, 2017 Opinion or Order Filing 40 MOTION to Consolidate Cases , APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL AND LIAISON COUNSEL by PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM. (Attachments: #1 Attachment Proposed Order)(Stranch, James)
October 3, 2017 Opinion or Order Filing 39 NOTICE of Appearance by Gregory F. Coleman on behalf of Wayne County Employees' Retirement System (Coleman, Gregory)
October 3, 2017 Opinion or Order Filing 38 NOTICE of Appearance by Lisa A. White on behalf of Wayne County Employees' Retirement System (White, Lisa)
October 3, 2017 Opinion or Order Filing 37 MOTION to Consolidate Cases and for Appointment as Lead Plaintiff and Approval of Selection of Counsel by CFG Custom Portfolio Corporation, Carpenters Pension Fund of Illinois. (Attachments: #1 Attachment Memorandum of Law, #2 Attachment Declaration of Joseph E. White, III, #3 Exhibit A to the Declaration of Joseph E. White, III, #4 Exhibit B to the Declaration of Joseph E. White, III, #5 Exhibit C to the Declaration of Joseph E. White, III, #6 Exhibit D to the Declaration of Joseph E. White, III, #7 Exhibit E to the Declaration of Joseph E. White, III, #8 Exhibit F to the Declaration of Joseph E. White, III, #9 Exhibit G to the Declaration of Joseph E. White, III, #10 Exhibit H to the Declaration of Joseph E. White, III, #11 Exhibit I to the Declaration of Joseph E. White, III, #12 Attachment Proposed Order)(Chalos, Mark)
October 3, 2017 Opinion or Order Filing 36 NOTICE of Appearance by Kenneth S. Byrd on behalf of CFG Custom Portfolio Corporation, Carpenters Pension Fund of Illinois (Byrd, Kenneth)
October 3, 2017 Opinion or Order Filing 35 NOTICE of Appearance by Mark P. Chalos on behalf of Carpenters Pension Fund of Illinois, CFG Custom Portfolio Corporation (Chalos, Mark)
October 3, 2017 Opinion or Order Filing 34 DECLARATION of Al Holifield filed by Michael Avenia re: #32 MOTION to Appoint Counsel and Lead Plaintiff, #33 Memorandum in Support,. (Attachments: #1 Exhibit A - Notice, #2 Exhibit B - Certification, #3 Exhibit C - Loss Chart, #4 Exhibit D - LK Firm Resume, #5 Exhibit E - HJR Firm Resume)(Holifield, James)
October 3, 2017 Opinion or Order Filing 33 MEMORANDUM in Support of #32 MOTION to Appoint Counsel and Lead Plaintiff filed by Michael Avenia . (Attachments: #1 Attachment Unpublished Case - Blitz v. AgFeed Industries, Inc., #2 Attachment Unpublished Case - In Re Regions Morgan Keegan Closed-End Fund Litig.)(Holifield, James)
October 3, 2017 Opinion or Order Filing 32 MOTION to Appoint Counsel and Lead Plaintiff by Michael Avenia. (Attachments: #1 Attachment Proposed Order)(Holifield, James)
October 3, 2017 Opinion or Order Filing 31 DECLARATION of Timothy J. MacFall filed by Automotive Industries Pension Trust Fund re: #30 Memorandum in Support, #29 MOTION to Consolidate Cases / Related Actions MOTION to Substitute Party by Appointment as Lead Plaintiff, and MOTION for Approval of Its Selection of Counsel . (Attachments: #1 Exhibit A: New Amethyst Corp. Registration Statement, #2 Exhibit B: AIPTF Certification, #3 Exhibit C: Press Release, #4 Exhibit D: Firm Resume, #5 Exhibit E: Elbert Bio)(Elbert, Philip)
October 3, 2017 Opinion or Order Filing 30 MEMORANDUM in Support of #29 MOTION to Consolidate Cases / Related Actions MOTION to Substitute Party by Appointment as Lead Plaintiff, and MOTION for Approval of Its Selection of Counsel filed by Automotive Industries Pension Trust Fund . (Attachments: #1 Attachment Unpublished Cases)(Elbert, Philip)
October 3, 2017 Opinion or Order Filing 29 MOTION to Consolidate Cases / Related Actions, MOTION to Substitute Party by Appointment as Lead Plaintiff, and, MOTION for Approval of Its Selection of Counsel by Automotive Industries Pension Trust Fund. (Elbert, Philip)
September 20, 2017 Opinion or Order Filing 28 STIPULATION AND ORDER signed by Magistrate Judge Jeffery S. Frensley on 9/20/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
August 31, 2017 Opinion or Order Filing 27 ORDER granting #26 Motion to Postpone the Intial Case Managment Conference. Signed by Magistrate Judge Jeffery S. Frensley on 8/31/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
August 30, 2017 Opinion or Order TN State Bar status verified as active for Joseph B. Crace, Jr, Britt K. Latham, W. Brantley Phillips, Jr. (ab)
August 29, 2017 Opinion or Order Filing 26 Joint MOTION to Postpone Initial Case Management Conference by Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger. (Attachments: #1 Attachment - Proposed Order)(Latham, Britt)
August 29, 2017 Opinion or Order Filing 25 STIPULATION and Proposed Order by Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger. (Latham, Britt)
August 29, 2017 Opinion or Order Filing 24 CORPORATE DISCLOSURE STATEMENT filed by Envision Healthcare Corporation. (Latham, Britt)
August 29, 2017 Opinion or Order Filing 23 NOTICE of Appearance by W. Brantley Phillips, Jr on behalf of Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger (Phillips, W.)
August 29, 2017 Opinion or Order Filing 22 NOTICE of Appearance by Britt K. Latham on behalf of Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger (Latham, Britt)
August 29, 2017 Opinion or Order Filing 21 NOTICE of Appearance by Joseph B. Crace, Jr on behalf of Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger (Crace, Joseph)
August 23, 2017 Opinion or Order Filing 20 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01. Signed by Chief Judge Waverly D. Crenshaw, Jr on 8/23/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)
August 21, 2017 Opinion or Order Filing 19 SUMMONS returned executed by Terry W. Bettis. William A. Sanger served on 8/8/2017. (Bramlett, Paul)
August 21, 2017 Opinion or Order Filing 18 SUMMONS returned executed by Terry W. Bettis. Randel G. Owen served on 8/8/2017. (Bramlett, Paul)
August 21, 2017 Opinion or Order Filing 17 SUMMONS returned executed by Terry W. Bettis. Christopher A. Holden served on 8/8/2017. (Bramlett, Paul)
August 21, 2017 Opinion or Order Filing 16 SUMMONS returned executed by Terry W. Bettis. Claire M. Gulmi served on 8/8/2017. (Bramlett, Paul)
August 21, 2017 Opinion or Order Filing 15 SUMMONS returned executed by Terry W. Bettis. Envision Healthcare Corporation served on 8/8/2017. (Bramlett, Paul)
August 14, 2017 Opinion or Order Filing 14 ORDER granting #10 Motion for Jeremy A. Lieberman to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2017. (ab)
August 14, 2017 Opinion or Order Filing 13 ORDER granting #7 Motion for J. Alexander Hood to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2017. (ab)
August 14, 2017 Opinion or Order Filing 12 ORDER granting #6 Motion for Patrick V. Dahlstrom to Appear Pro Hac Vice. Signed by Magistrate Judge Jeffery S. Frensley on 8/14/2017. (ab)
August 11, 2017 Opinion or Order Filing 11 CERTIFICATE OF GOOD STANDING of Attorney Patrick Dahlstrom from the United States District Court for the Southern of New York filed by Terry W. Bettis. (Dahlstrom, Patrick)
August 11, 2017 Opinion or Order NY State Bar status verified as active for Jeremy A. Lieberman. (ab)
August 11, 2017 Opinion or Order NOTICE TO COUNSEL Patrick V. Dahlstrom: WITHIN 21 DAYS, counsel shall file a CURRENT Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, Certificate of Good Standing due by 8/31/2017. (ab)
August 10, 2017 Opinion or Order Filing 10 MOTION for attorney(s) Jeremy Lieberman to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2497710) by Terry W. Bettis. (Attachments: #1 Attachment Certificate of Good Standing)(Lieberman, Jeremy)
August 10, 2017 Opinion or Order Filing 9 CERTIFICATE OF GOOD STANDING of Attorney J. Alexander Hood from the United States District Court for the Southern of New York filed by Terry W. Bettis. (Hood, J.)
August 10, 2017 Opinion or Order Filing 8 CERTIFICATE OF GOOD STANDING of Attorney Patrick Dahlstrom from the United States District Court for the Northern of Illinois filed by Terry W. Bettis. (Dahlstrom, Patrick)
August 10, 2017 Opinion or Order Filing 7 MOTION for attorney(s) J. Alexander Hood to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2497255) by Terry W. Bettis. (Attachments: #1 Attachment Certificate of Good Standing)(Hood, J.)
August 10, 2017 Opinion or Order Filing 6 MOTION for attorney(s) Patrick Dahlstrom to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-2497196) by Terry W. Bettis. (Attachments: #1 Attachment Certificate of Good Standing)(Dahlstrom, Patrick)
August 10, 2017 Opinion or Order Note to Filer re DE#7 #6 Missing Certificate of Service : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Please FILE a conformed Certificate of Service for these documents. (ab) Modified on 8/10/2017 (ab).
August 10, 2017 Opinion or Order NOTICE TO COUNSEL J. Alexander Hood, II, Patrick V. Dahlstrom: WITHIN 21 DAYS, counsel shall file a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, Certificate of Good Standing due by 8/31/2017. (ab)
August 4, 2017 Opinion or Order Filing 5 Summons issued as to Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger. (Service copies mailed to counsel) (ab)
August 4, 2017 Opinion or Order Filing 4 NOTICE of Case Management Conference set for 10/5/2017 at 10:00 AM in Courtroom 661 before Magistrate Judge Jeffery S. Frensley. (ab)
August 4, 2017 Opinion or Order Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ab)
August 4, 2017 Opinion or Order Filing 2 NOTICE of Corporate Disclosure Statement filing requirement. (ab)
August 4, 2017 Opinion or Order Filing 1 COMPLAINT against Envision Healthcare Corporation, Claire M. Gulmi, Christopher A. Holden, Randel G. Owen, William A. Sanger, filed by Terry W. Bettis. ($400 filing fee paid online) (Attachments: #1 Attachment Certification, #2 Attachment Stock Purchase List, #3 Attachment Civil Cover Sheet)(ab)
August 4, 2017 Opinion or Order NOTICE TO COUNSEL Jeremy A. Lieberman, J. Alexander Hood, II, Patrick V. Dahlstrom: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted, and pay a fee of $75.00 (LR 83.01(d)). PHV due by 8/25/2017. (ab)
August 4, 2017 Opinion or Order State Bar status verified as active for Paul Kent Bramlett (TN), Robert P. Bramlett (TN), Jeremy A. Lieberman (NY), J. Alexander Hood (NY), II, Patrick V. Dahlstrom (IL). (ab)

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Search for this case: Bettis v. Envision Healthcare Corporation et al
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Defendant: Claire M. Gulmi
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Christopher A. Holden
Represented By: Briana T. Sprick Schuster
Represented By: Peter E. Kazanoff
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Envision Healthcare Corporation
Represented By: Amy L. Dawson
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
Represented By: William T. Russell, Jr.
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Defendant: William A. Sanger
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Randel G. Owen
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Envision Healthcare Holdings, Inc.
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Amy L. Dawson
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
Represented By: William T. Russell, Jr.
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Defendant: Mark V. Mactas
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Craig A. Wilson
Represented By: Britt K. Latham
Represented By: Briana T. Sprick Schuster
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Todd G. Zimmerman
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Kevin D. Eastridge
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
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Defendant: Thomas G. Cigarran
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
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Defendant: James A. Deal
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
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Defendant: John T. Gawaluck
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Steven I. Geringer
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: W. Brantley Phillips, Jr.
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Defendant: Henry D. Herr
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Joey A. Jacobs
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: W. Brantley Phillips, Jr.
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Defendant: Kevin P. Lavender
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Jonathan L. Bobbitt
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Cynthia S. Miller
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: John W. Popp, Jr.
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Craig S. Waldman
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Peter E. Kazanoff
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Defendant: Clayton, Dubilier & Rice, LLC
Represented By: John S. Hicks
Represented By: Shannon Rose Selden
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Defendant: CD&R Associates VIII Ltd.
Represented By: Elliot Greenfield
Represented By: John S. Hicks
Represented By: Rachel A. Shanies
Represented By: Shannon Rose Selden
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Defendant: Clayton, Dubilier & Rice Fund VIII, L.P.
Represented By: John S. Hicks
Represented By: Shannon Rose Selden
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Defendant: CD&R EMS Co-Investor, L.P.
Represented By: Elliot Greenfield
Represented By: John S. Hicks
Represented By: Rachel A. Shanies
Represented By: Shannon Rose Selden
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Defendant: CD&R Advisor Fund VIII Co-Investor, L.P.
Represented By: Elliot Greenfield
Represented By: John S. Hicks
Represented By: Rachel A. Shanies
Represented By: Shannon Rose Selden
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Defendant: CD&R Friends and Family Fund VIII, L.P.
Represented By: Elliot Greenfield
Represented By: John S. Hicks
Represented By: Rachel A. Shanies
Represented By: Shannon Rose Selden
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Defendant: Linda Geringer
Represented By: Briana T. Sprick Schuster
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
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Plaintiff: Terry W. Bettis
Represented By: J. Alexander Hood, II
Represented By: Jeremy A. Lieberman
Represented By: Patrick V. Dahlstrom
Represented By: Paul Kent Bramlett
Represented By: Robert P. Bramlett
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Consolidated plaintiff: Carpenters Pension Fund of Illinois
Represented By: Joseph E. White, III
Represented By: Kenneth S. Byrd
Represented By: Lester R. Hooker
Represented By: Mark P. Chalos
Represented By: Maya Susan Saxena
Represented By: Steven B. Singer
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Consolidated plaintiff: Central Laborers' Pension Fund
Represented By: Hillary B. Stakem
Represented By: John T. Long
Represented By: John R. Rigby
Represented By: Jonathan L. Bobbitt
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Consolidated defendant: Michael L. Smith
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Consolidated defendant: Ronald A. Williams
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Consolidated defendant: Richard J. Schnall
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Consolidated defendant: Carol J. Burt
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Consolidated defendant: James D. Shelton
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
Represented By: W. Brantley Phillips, Jr.
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Consolidated defendant: Leonard M. Riggs, Jr.
Represented By: Britt K. Latham
Represented By: Joseph B. Crace, Jr.
Represented By: Kathryn Hannen Walker
Represented By: Shayne R. Clinton
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Intervenor plaintiff: Corvex Master Fund LP
Represented By: Howell G. O'Rear
Represented By: Jarett N. Sena
Represented By: Marc B. Kramer
Represented By: Richard A. Bodnar
Represented By: Seth Martin McInteer
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Intervenor plaintiff: Corvex Select Equity Master Fund LP
Represented By: Howell G. O'Rear
Represented By: Jarett N. Sena
Represented By: Marc B. Kramer
Represented By: Richard A. Bodnar
Represented By: Seth Martin McInteer
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Not classified by court: Wells Capital Management, Inc.
Represented By: Benjamin B. Coulter
Represented By: Kathryn E. Grundy
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Interested party: KPMG, LLP
Represented By: Karolyn G. Perry
Represented By: Paul Savage Davidson
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Petitioner: Automotive Industries Pension Trust Fund
Represented By: Philip N. Elbert
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Petitioner: Michael Avenia
Represented By: James A. Holifield, Jr.
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Petitioner: CFG Custom Portfolio Corporation
Represented By: Kenneth S. Byrd
Represented By: Mark P. Chalos
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Petitioner: Wayne County Employees' Retirement System
Represented By: Gregory F. Coleman
Represented By: Lisa A. White
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Petitioner: PLYMOUTH COUNTY CONTRIBUTORY RETIREMENT SYSTEM
Represented By: James Gerard Stranch, IV
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Petitioner: Laborers Pension Trust Fund for Northern California
Represented By: Alexi H. Pfeffer-Gillett
Represented By: Christopher Hamp Lyons
Represented By: Christopher Stewart
Represented By: Christopher M. Wood
Represented By: Darren J. Robbins
Represented By: Debra J. Wyman
Represented By: Eric I. Niehaus
Represented By: Henry Scattergood Bator
Represented By: Hillary B. Stakem
Represented By: J. Marco Janoski Gray
Represented By: Jerry E. Martin
Represented By: Jessica Shinnefield
Represented By: John R. Rigby
Represented By: Laurie L. Largent
Represented By: Sean C. McGuire
Represented By: Spencer Alan Burkholz
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Petitioner: LIUNA National (Industrial) and Staff & Affiliates Pension Funds
Represented By: Alexi H. Pfeffer-Gillett
Represented By: Christopher Hamp Lyons
Represented By: Christopher Stewart
Represented By: Christopher M. Wood
Represented By: Darren J. Robbins
Represented By: Debra J. Wyman
Represented By: Eric I. Niehaus
Represented By: Henry Scattergood Bator
Represented By: Hillary B. Stakem
Represented By: J. Marco Janoski Gray
Represented By: Jerry E. Martin
Represented By: Jessica Shinnefield
Represented By: John R. Rigby
Represented By: Laurie L. Largent
Represented By: Spencer Alan Burkholz
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