Lemke et al v. Change Healthcare Inc. et al
| Sara Lemke, Revival Therapy, P.C., EA Health Holdings, Inc., EA Health, LLC, Leading Edge Mental Health, Inc., Compassionate Concierge Physicians LLC, Clinicians of Color LLC, Center for Child Development Incorporated, Supportive Hands, Healing Minds, LLC, M.A.D. Billing, Inc. and Carriageway L.P. |
| Change Healthcare Inc., UnitedHealth Group Inc., UnitedHealthcare Inc., Optum, Inc. and Healthfirst, Inc. |
| 3:2024cv00302 |
| March 14, 2024 |
| US District Court for the Middle District of Tennessee |
| Waverly D Crenshaw |
| Jeffery S Frensley |
| Barbara D Holmes |
| Eli J Richardson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 67 SUMMONS returned executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. Healthfirst, Inc. served on 4/30/2024. (Zimmerman, Thomas) |
| Filing 66 ALIAS SUMMONS ISSUED as to Healthfirst, Inc. Service packet returned to counsel by regular mail. (kc) |
| Filing 65 NOTICE of Alias Summons to be Issued as to Healthfirst, Inc.. (Zimmerman, Thomas) |
| Filing 64 REPLY to Response to re #24 Emergency MOTION for Preliminary Injunction filed by Carriageway L.P., Center for Child Development Incorporated, Clinicians of Color LLC, Compassionate Concierge Physicians LLC, EA Health Holdings, Inc., EA Health, LLC, Leading Edge Mental Health, Inc., Sara Lemke, M.A.D. Billing, Inc., Revival Therapy, P.C., Supportive Hands, Healing Minds, LLC. (Attachments: #1 Exhibit 4 - Affidavit of Kristen Scragg, #2 Exhibit 5 - Affidavit of Lisa Savage, #3 Exhibit 6 - Affidavit of Valerie Weed, #4 Exhibit 7 - Affidavit of Carolyn Miller, #5 Exhibit 8 - Affidavit of Kelly Hatton, #6 Exhibit 9 - Affidavit of Noel Avitabile)(Zimmerman, Thomas) |
Filing 63
ORDER granting #20 , #21 , #40 , #41 , and #42 : Having satisfied the requirements of Local Rule 83.01(b), the Motions for Brian D. Flick, Marc E. Dann, Alicia Paller,Allison Ryan, and Vassi Iliadis to Appear Pro Hac Vice are granted. Signed by Lynda M. Hill, Clerk of Court, on 04/12/2024. (lh)
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Filing 62
ORDER: Because a related case is assigned to Magistrate Judge Jeffery S. Frensley, this case is TRANSFERRED to Judge Frensley for all further case management. The initial case management conference presently scheduled for June 13, 2024 is CANCELLED to be reset by Judge Frensley. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 4/10/2024. (am)
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| Filing 61 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. UnitedHealth Group Inc. waiver sent on 4/9/2024. (Snyder, Brent) |
| Filing 60 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. UnitedHealthcare Inc. waiver sent on 4/9/2024. (Snyder, Brent) |
| Filing 59 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. Optum, Inc. waiver sent on 4/9/2024. (Snyder, Brent) |
| Filing 58 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. Change Healthcare Inc. waiver sent on 4/9/2024. (Snyder, Brent) |
| Filing 57 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. UnitedHealth Group Inc. waiver sent on 4/9/2024. (Attachments: #1 Attachment Certificate of Service)(Zimmerman, Thomas) |
| Filing 56 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. UnitedHealthcare Inc. waiver sent on 4/9/2024. (Attachments: #1 Attachment Certificate of Service)(Zimmerman, Thomas) |
| Filing 55 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. Optum, Inc. waiver sent on 4/9/2024. (Attachments: #1 Attachment Certificate of Service)(Zimmerman, Thomas) |
| Filing 54 WAIVER OF SERVICE Returned Executed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C.. Change Healthcare Inc. waiver sent on 4/9/2024. (Attachments: #1 Attachment Certificate of Service)(Zimmerman, Thomas) |
| Filing 53 RESPONSE in Opposition re #24 Emergency MOTION for Preliminary Injunction filed by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Exhibit 1 - Declaration of Jeffrey P. Meyerhofer, #2 Exhibit 2 - Letter to Plaintiffs attorneys of record (April 3, 2024))(Ingram-Hogan, Kimberly) |
| Filing 52 Sealed Document filed by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Ingram-Hogan, Kimberly) |
| Filing 51 MOTION for Leave to File Document Under Seal in Part (Redacted Exhibit) by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Attachment Memorandum of Law, #2 Exhibit 1 -- Redacted Letter)(Ingram-Hogan, Kimberly) |
| Filing 50 Joint MOTION for Extension of Time to File Answer re #47 Amended Complaint, (Pending Ruling on Transfer and Centralization by JPML) by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Attachment Proposed Order)(Ingram-Hogan, Kimberly) |
| Filing 49 Summons issued as to Healthfirst, Inc. Service packet returned to counsel by regular mail. (kc) |
| Filing 48 NOTICE of Summons to be Issued as to Healthfirst, Inc.. (Zimmerman, Thomas) |
| Filing 47 SECOND AMENDED COMPLAINT against Change Healthcare Inc., Healthfirst, Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc., filed by Leading Edge Mental Health, Inc., Carriageway L.P., Clinicians of Color LLC, Sara Lemke, EA Health, LLC, Supportive Hands, Healing Minds, LLC, Center for Child Development Incorporated, EA Health Holdings, Inc., Compassionate Concierge Physicians LLC, M.A.D. Billing, Inc., Revival Therapy, P.C..(kc) |
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Filing 46
ORDER: Plaintiffs' motion for leave to file a second amended complaint #22 is GRANTED. The Clerk is directed to separately file Plaintiffs' second amended complaint, which is presently found at Docket No. #22 -1 and which, once filed, will be the legally operative complaint. Signed by Magistrate Judge Barbara D. Holmes on 4/2/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 45 NOTICE of Appearance by Thomas A. Zimmerman, Jr on behalf of All Plaintiffs (Attachments: #1 Attachment Certificate of Service)(Zimmerman, Thomas) |
| OH State Bar status verified as active for Marc E. Dann, Brian D. Flick not admitted to this court - Local counsel secured. (kc) |
| State Bar status verified as active for Allison M. Ryan (DC), Alicia J. Paller (DC), Vassi Iliadis (CA) not admitted to this court - Local counsel secured. (kc) |
| TN State Bar status verified as active for E. Todd Presnell, Kimberly Michelle Ingram-Hogan admitted to this court. (kc) |
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Filing 44
ORDER granting #13 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for Thomas A. Zimmerman to Appear Pro Hac Vice is granted. Signed by Lynda M. Hill, Clerk of Court, on 04/01/2024. (lh)
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Filing 43
ORDER: The Clerk is DIRECTED to terminate the Motion at Doc. No. #23 but to leave the attached memorandum of law (Doc. No. #23 -1), which the Court will take to support the separately filed motion at Doc. No. #24 . Plaintiffs have not made arguments justifying emergency relief compared to the normal (already extraordinary) relief of a preliminary injunction. Accordingly, the Motion will be treated like a motion for a preliminary injunction and will be handled in the ordinary course. Signed by District Judge Eli J. Richardson on 4/1/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 42 MOTION for attorney Vassi Iliadis to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4044128) by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Presnell, E.) |
| Filing 41 MOTION for attorney Allison Ryan to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4044124) by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Presnell, E.) |
| Filing 40 MOTION for attorney Alicia Paller to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4044120) by Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Presnell, E.) |
| Filing 39 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Change Healthcare Inc.. (Ingram-Hogan, Kimberly) |
| Filing 38 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Optum, Inc.. (Ingram-Hogan, Kimberly) |
| Filing 37 BUSINESS ENTITY DISCLOSURE STATEMENT filed by UnitedHealthcare Inc.. (Ingram-Hogan, Kimberly) |
| Filing 36 BUSINESS ENTITY DISCLOSURE STATEMENT filed by UnitedHealth Group Inc.. (Ingram-Hogan, Kimberly) |
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Filing 35
ORDER REASSIGNING CASE: Pursuant to Administrative Order No. 176, this action is transferred to U.S. District Judge Eli J. Richardson as a "Related Case" to Civil Action No. 3:24-cv-00239. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/28/2024. (kc)
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| Filing 34 STATUS REPORT JOINT by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 33 NOTICE of Appearance by Kimberly Michelle Ingram-Hogan on behalf of Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc. (Ingram-Hogan, Kimberly) |
| Filing 32 NOTICE of Appearance by E. Todd Presnell on behalf of Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc. (Presnell, E.) |
| Filing 31 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 30 BUSINESS ENTITY DISCLOSURE STATEMENT filed by EA Health, LLC. (Snyder, Brent) |
| Filing 29 BUSINESS ENTITY DISCLOSURE STATEMENT filed by EA Health Holdings, Inc.. (Snyder, Brent) |
| Filing 28 NOTICE by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C. re #25 Response in Support of Motion (Snyder, Brent) |
| Filing 27 NOTICE by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C. re #23 Emergency MOTION for Preliminary Injunction Withdrawal of ECF No. 23 only (Snyder, Brent) |
| Filing 26 MEMORANDUM in Support of #24 Emergency MOTION for Preliminary Injunction filed by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C. . (Snyder, Brent) |
| Filing 25 RESPONSE in Support re #24 Emergency MOTION for Preliminary Injunction Memorandum in Support filed by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 24 Emergency MOTION for Preliminary Injunction by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 23 Emergency MOTION for Preliminary Injunction by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Attachments: #1 Attachment Memorandum in Support of Emergency Motion for Preliminary Injunction)(Snyder, Brent) |
| Filing 22 MOTION for Leave to to File Second Amended Complaint by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Attachments: #1 Exhibit 1 - Second Amended Complaint)(Snyder, Brent) |
| Filing 21 MOTION for attorney Marc E. Dann to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4041890) by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 20 MOTION for attorney Brian D. Flick to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4041807) by EA Health Holdings, Inc., EA Health, LLC, Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Reset Hearing: Case Management Conference by Telephone set for 6/13/2024 at 03:00 PM before Magistrate Judge Barbara D. Holmes. (Reset ICMC back to original date.) (kc) |
| ***DISREGARD. ENTERED IN WRONG CASE.*** Reset Hearing per Order #11 : Initial Case Management Conference by Telephone is reset for 5/16/2024 at 09:30 AM before Magistrate Judge Alistair Newbern. (kc) Modified on 3/26/2024 (kc). |
| Filing 19 SUMMONS returned executed by Sara Lemke, Revival Therapy, P.C.. Change Healthcare Inc. served on 3/19/2024. (Snyder, Brent) |
| Filing 18 SUMMONS returned executed by Sara Lemke, Revival Therapy, P.C.. UnitedHealthcare Inc. served on 3/19/2024. (Snyder, Brent) |
| Filing 17 SUMMONS returned executed by Sara Lemke, Revival Therapy, P.C.. Optum, Inc. served on 3/19/2024. (Snyder, Brent) |
| Filing 16 SUMMONS returned executed by Sara Lemke, Revival Therapy, P.C.. UnitedHealth Group Inc. served on 3/19/2024. (Snyder, Brent) |
| Filing 15 MEMORANDUM in Support of #14 MOTION to Appoint Counsel Interim Class Counsel Pursuant to Civ. R. 23(g)(3) filed by Sara Lemke, Revival Therapy, P.C. . (Attachments: #1 Exhibit 1 - Declaration of Thomas A. Zimmerman, Jr.)(Snyder, Brent) |
| Filing 14 MOTION to Appoint Counsel Interim Class Counsel Pursuant to Civ. R. 23(g)(3) by Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| IL State Bar status verified as active for Thomas A. Zimmerman, Jr not admitted to this court - Local counsel secured. (kc) |
| Filing 13 MOTION for attorney Thomas A. Zimmerman to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-4036384) by Sara Lemke, Revival Therapy, P.C.. (Snyder, Brent) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Sara Lemke, Revival Therapy, P.C..(Snyder, Brent) |
| Filing 11 Summons issued as to Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc. Service packet returned to counsel by regular mail. (kc) |
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Filing 10
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by Chief Judge Waverly D. Crenshaw, Jr on 3/14/2024. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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| Filing 9 NOTICE of Summons to be Issued as to UnitedHealthcare, Inc.. (Snyder, Brent) |
| Filing 8 NOTICE of Summons to be Issued as to UnitedHealth Group, Inc.. (Snyder, Brent) |
| Filing 7 NOTICE of Summons to be Issued as to Optum, Inc.. (Snyder, Brent) |
| Filing 6 NOTICE of Summons to be Issued as to Change Healthcare, Inc.. (Snyder, Brent) |
| Filing 5 NOTICE of Initial Case Management Conference by Telephone set for 6/13/2024 at 03:00 PM before Magistrate Judge Barbara D. Holmes. (af) |
| Filing 4 NOTICE OF ADMINISTRATIVE ORDER NO. 217 to parties re obligation of counsel to keep Court apprised of current contact information. (af) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (af) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (af) |
| Filing 1 COMPLAINT against Change Healthcare Inc., Optum, Inc., UnitedHealth Group Inc., UnitedHealthcare Inc. (Filing fee $405, Receipt number ATNMDC-4033850), filed by Sara Lemke, Revival Therapy, P.C. (Attachments: #1 Attachment - Civil Cover Sheet)(af) |
| TN State Bar status verified as active for Brent S. Snyder admitted to this court. (af) |
| OH State Bar status verified as active for Brian D. Flick not admitted to this court - Local counsel secured. (af) |
| IL State Bar status verified as active for Thomas A. Zimmerman, Jr not admitted to this court - Local counsel secured. (af) |
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