Torrey et al v. Infectious Diseases Society of America et al
| Kristine Woodard, Kathryn Kocurek, Lana Barnes, Christopher Valerio, Alarie Bowerman, Lisa Torrey, Tawnya Dawn Smith, Jessica McKinnie, Chloe Lohmeyer, Jane Powell, Carol Fisch, Brienna Reed, Max Shindler, Rosetta Fuller, Amy Hanneken, Gail Meads, Steven Ward, Randy Sykes, Mike Peacher, Allison Lynn Caruana, Adriana Monteiro Moreira, Dr. Michael Fundenberger, Gayle Clarke and John Valerio |
| Dr. Leonard Sigal, United Healthcare Services, Inc., Infectious Diseases Society of America, Dr. Gary P. Wormser, United Healthcare Group Incorporated, Anthem Inc, Dr. Raymond J. Dattwyler, Blue Cross and Blue Shield of Texas, Dr. John J. Halperin, Kaiser Permanente, Inc., Dr. Robert B. Nadelman, Dr. Eugene Shapiro, Dr. Allen Steere, Blue Cross and Blue Shield Association, Aetna Inc., and Cigna Corporation |
| Caitlin McGrory, Amber Boyles and Steve Hepler |
| Hon. David Folsom (Ret.) |
| George Matteson |
| 5:2017cv00190 |
| November 10, 2017 |
| U.S. District Court for the Eastern District of Texas |
| Texarkana Office |
| Bowie |
| Robert W Schroeder |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Both |
Docket Report
This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf re #446 Notice of Appeal. (slo, ) |
| USCA 5th Circuit Notice: original eROA has been accepted. (slo, ) |
| NOTICE of certification of eROA provided to 5th Circuit Court of Appeals. (slo, ) |
| Filing 447 TRANSCRIPT REQUEST by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard (Dutko, Daniel) |
| NOTICE of Docketing Notice of Appeal from USCA re #446 Notice of Appeal, filed by Alarie Bowerman, Jane Powell, Brienna Reed, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, John Valerio, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Chloe Lohmeyer, Adriana Monteiro Moreira. USCA Case Number 22-40728 (slo, ) |
| Filing 446 NOTICE OF APPEAL as to #442 Order,, Terminate Motions, #408 Sealed Order,, by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. Filing fee $ 505, receipt number ATXEDC-9206664. (Dutko, Daniel) |
Filing 445
FINAL JUDGMENT. It is ORDERED that the above-titled cause of action is DISMISSED WITH PREJUDICE, and with the exception of the Court's Order Granting Defendant IDSA's Motion for Entry of Its Bill of Costs (Docket No. 443), each party shall bear its own remaining costs and fees. All pending motions are DENIED-AS-MOOT. Signed by District Judge Robert W. Schroeder, III on 10/7/2022. (slo, )
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Filing 444
ORDER that the Settlement Agreements are APPROVED as to the minor Plaintiffs. It is further ORDERED that Plaintiffs' claims against the Settling Defendants are hereby DISMISSED WITH PREJUDICE, and each party shall bear its own costs and fees. Signed by District Judge Robert W. Schroeder, III on 10/7/2022. (slo, )
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| Filing 443 BILL OF COSTS. Costs Taxed in the amount of $43,940.06. (slo, ) |
Filing 442
ORDER granting #417 MOTION for Bill of Costs filed by Infectious Diseases Society of America. It is ORDERED that Defendant Infectious Diseases Society of America shall recover $43,940.06 in unobjected to costs from Plaintiffs. Signed by District Judge Robert W. Schroeder, III on 10/4/2022. (slo, )
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| Filing 441 MOTION to Withdraw as Attorney by Anthem Inc. (Attachments: #1 Text of Proposed Order)(Brown, Sara) |
| Filing 440 NOTICE by Anthem Inc of Withdrawal of Counsel (Sara Ann Brown Only) (Brown, Sara) |
| Filing 439 Sealed Document. (Attachments: #1 Exhibit 1)(Dutko, Daniel) |
Filing 438
ORDER granting #437 MOTION Request for Guardian ad litem fees and discharge filed by George Matteson. It is further ORDERED that Mr. Matteson is hereby released and discharged from the duties of his appointment as guardian ad litem. Signed by District Judge Robert W. Schroeder, III on 8/1/2022. (slo, )
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| Filing 437 MOTION Request for Guardian ad litem fees and discharge by George Matteson. (Attachments: #1 Text of Proposed Order for Award and Discharge of Guardian ad Litem)(Matteson, George) |
| Filing 436 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 7/14/22 (Prove-Up Hearing) before Judge Robert W. Schroeder III. Court Reporter/Transcriber: Shelly Holmes, CSR, TCRR,Telephone number: (903) 794-1018 ([email protected]). NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 8/9/2022. Release of Transcript Restriction set for 10/17/2022. (Holmes, Shelly) |
| Filing 435 PAPER TRANSCRIPT REQUEST by Aetna Inc., for proceedings held on 7/14/2022 Prove Up Hearing before Judge Robert W. Schroeder III. (Forwarded to Shelly Holmes) (Roeser, Jeffrey) Modified on 7/19/2022 (bga). |
| Filing 434 PAPER TRANSCRIPT REQUEST by Anthem Inc for proceedings held on 7/14/2022 Prove Up Hearing before Judge Robert W. Schroeder III. (Forwarded to Shelly Holmes) (Brown, Sara) Modified on 7/19/2022 (bga). |
| Filing 433 PAPER TRANSCRIPT REQUEST by United Healthcare Group Incorporated, United Healthcare Services, Inc. for proceedings held on 7/14/2022 before Judge Schroeder. (Forwarded to Shelly Holmes) (Jones, Michael) Modified on 7/19/2022 (bga). |
| Filing 432 PAPER TRANSCRIPT REQUEST by Blue Cross and Blue Shield Association for proceedings held on 7/14/2022 Prove Up Hearing before Judge Robert W. Schroeder III. (Forwarded to Shelly Holmes) (Ginder, Cameron) Modified on 7/19/2022 (bga). |
| Filing 431 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Prove Up Hearing held on 7/14/2022. (Court Reporter Shelly Holmes) (bas) |
| Filing 430 NOTICE of Attorney Appearance by James Kuritzkes on behalf of Kaiser Permanente, Inc. (Kuritzkes, James) |
| Filing 429 NOTICE of Attorney Appearance by Shaun William Hassett on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc. (Hassett, Shaun) |
| Filing 428 Sealed Document. (Attachments: #1 Exhibit Affidavit of George M. Matteson Ad Litem Report)(Dutko, Daniel) |
Filing 427
ORDER granting #426 Motion for Alarie Bowerman to Appear at the Prove-Up Hearing Electronically. Signed by District Judge Robert W. Schroeder, III on 7/6/2022. (slo, )
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| Filing 426 Unopposed MOTION for Leave to Appear to Appear Electronically Via Zoom by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Declaration of Alarie Bowerman, #2 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 425
ORDER. It is ORDERED that the parties' Joint Motions Requesting a Hearing to Approve the Minor Plantiffs' Settlements and Dismissal with Prejudice (Docket Nos. 42024) are hereby GRANTED-IN-PART and DENIED-IN-PART. (Prove-Up Hearing set for 7/14/2022 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.) Signed by District Judge Robert W. Schroeder, III on 6/22/2022. (slo, )
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| Filing 424 Joint SEALED MOTION Requesting a Hearing to Approve Minor Settlement and Dismissal with Prejudice by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order Approving Settlement)(Dutko, Daniel) |
| Filing 423 Joint SEALED MOTION Requesting a Hearing to Approve Minor Settlement and Dismissal with Prejudice by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order Approving Settlement)(Dutko, Daniel) |
| Filing 422 Joint SEALED MOTION Requesting a Hearing to Approve Minor Settlement and Dismissal with Prejudice by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Proposed Order Approving Settlement)(Dutko, Daniel) |
| Filing 421 Joint SEALED MOTION Requesting a Hearing to Approve Minor Settlement and Dismissal with Prejudice by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order Approving Settlement)(Dutko, Daniel) |
| Filing 420 Joint SEALED MOTION Requesting a Hearing to Approve Minor Settlement and Dismissal with Prejudice by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order Approving Settlement)(Dutko, Daniel) |
| Filing 419 RESPONSE to Motion re #417 MOTION for Bill of Costs filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Steven Ward, Kristine Woodard. (Dutko, Daniel) |
Filing 418
ORDER. It is ORDERED that, on or before February 23, 2022, Plaintiffs shall either (1) file a notice stating Plaintiffs agree with Defendants proposed bill of cost as detailed in Defendants Motion (Docket No. 417) or (2) file a Motion for Extension of Time to File Plaintiffs Response in Opposition to Defendants Motion for Bill of Costs (Docket No. 417). Signed by District Judge Robert W. Schroeder, III on 2/16/22. (hma)
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| Filing 417 MOTION for Bill of Costs by Infectious Diseases Society of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Low, Ronald) |
| NOTICE of Deficiency regarding #416 Motion for Bill of Costs. Document contains no Certificate of Conference. Correction should be made by one business day. (slo, ) |
| Filing 416 DEFICIENT DOCUMENT. ATTORNEY MUST REFILE. MOTION for Bill of Costs by Infectious Diseases Society of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Low, Ronald) Modified on 1/6/2022 (slo, ). |
Filing 415
ORDER of USCA (True Certified Copy) as to #412 Notice of Appeal, filed by Alarie Bowerman, Jane Powell, Brienna Reed, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, John Valerio, Kristine Woodard, Jessica McKinnie, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Chloe Lohmeyer, Adriana Monteiro Moreira. IT IS ORDERED that the appellees opposed motion to dismiss the appeal for lack of jurisdiction is GRANTED but without prejudice to the refiling of a notice of appeal once all parties have been dismissed. (Attachments: #1 USCA Cover Letter)(hma)
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Filing 414
ORDER of USCA as to #412 Notice of Appeal filed by Alarie Bowerman, Jane Powell, Brienna Reed, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, John Valerio, Kristine Woodard, Jessica McKinnie, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Chloe Lohmeyer, Adriana Monteiro Moreira. IT IS ORDERED that the appellees opposed motion to dismiss the appeal for lack of jurisdiction is GRANTED but without prejudice to the refiling of a notice of appeal once all parties have been dismissed. (Attachments: #1 USCA Cover Letter)(hma)
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| Notice of certification of eROA provided to 5th Circuit Court of Appeals. (hma) |
| USCA 5th Circuit Notice: original eROA has been accepted. (hma) |
| Appeal Remark re: Counsel can access the record on appeal by following the instructions in the link. If an appearance wasn't made in the appellant court, counsel doesn't have access through the link. http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf (hma) |
| NOTICE of Docketing Notice of Appeal from USCA re #412 Notice of Appeal, filed by Alarie Bowerman, Jane Powell, Brienna Reed, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, John Valerio, Kristine Woodard, Jessica McKinnie, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Chloe Lohmeyer, Adriana Monteiro Moreira. USCA Case Number 21-40782 (slo, ) |
| Filing 413 TRANSCRIPT REQUEST by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard (Dutko, Daniel) |
| Filing 412 NOTICE OF APPEAL by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. Filing fee $ 505, receipt number 0540-8631486. (Dutko, Daniel) |
Filing 411
ORDER to unseal #408 Sealed Order. Signed by District Judge Robert W. Schroeder III on 9/28/2021. (bas)
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| Filing 410 NOTICE by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser Joint Notice (Low, Ronald) |
Filing 409
ORDER denying as moot #359 Motion to Stay; denying #381 Motion for Sanctions; and denying as moot #402 Motion to Compel. Signed by District Judge Robert W. Schroeder III on 9/27/2021. (bas)
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Filing 407
ORDER granting #357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims. It is ORDERED that Plaintiffs' antitrust claims (Docket No. 361 at 49-52) are DISMISSED WITH PREJUDICE. Signed by District Judge Robert W. Schroeder, III on 9/1/2021. (slo, )
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Filing 406
ORDER. Based on the parties' prior joint requests to continue all deadlines, the parties' statements at the motions hearing, the parties agreement that the case cannot be tried in its current trial setting and the parties' actions since the hearing effectively treating the case as stayed in its entirety, the Court STAYS all deadlines not previously continued in the current Docket Control Order (Docket No. 376). Signed by District Judge Robert W. Schroeder, III on 7/7/2021. (slo, )
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| Filing 405 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 042321 before Judge Robert W. Schroeder, III. Court Reporter/Transcriber: Kate McAlpine, [email protected],Telephone number: 903-794-1018. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 7/21/2021. Release of Transcript Restriction set for 9/28/2021. (kem, ) |
| Filing 404 RESPONSE in Opposition re #402 Opposed MOTION to Compel filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit 1 - IDSA May 10, 2019 Responses, #2 Exhibit 2 - IDSA Deposition Notice, #3 Exhibit 3 - Busky Deposition)(Low, Ronald) (Additional attachment(s) added on 5/18/2021: #4 Text of Proposed Order) (slo, ). |
| Filing 403 STATUS REPORT Joint Report of the Parties following April 23, 2021 Hearing by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 402 Opposed MOTION to Compel by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 401 PAPER TRANSCRIPT REQUEST by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser for proceedings held on 4/23/2021 Motions hearing before Judge Robert Schroeder III. (Forwarded to Kate McAlpine on 4/29/21)(Low, Ronald) Modified on 4/29/2021 (bga, ). |
| Filing 400 NOTICE by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser re #397 Motion Hearing,,,,, (Attachments: #1 Exhibit)(Low, Ronald) |
Filing 399
ORDER granting #398 Joint Motion to Stay. It is thereforeORDERED that the stay of all existing deadlines between the parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including May 26, 2021. Signed by District Judge Robert W. Schroeder, III on 04/27/21. (lfs, )
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| Filing 398 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
| Filing 397 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 4/23/2021 re #355 MOTION to Dismiss MOTION to Strike #352 Amended Complaint,, filed by Infectious Diseases Society of America, Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, #357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims filed by Infectious Diseases Society of America, Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, #359 MOTION to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment filed by Infectious Diseases Society of America, Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, #381 MOTION for Sanctions Pursuant to Rule 11 filed by Infectious Diseases Society of America, Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, #363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint filed by Infectious Diseases Society of America, Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser. (Court Reporter Kate McAlpine) (SMC) |
| Filing 396 STIPULATION of Dismissal Joint Stipulation of Dismissal by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 395
ORDER granting in part #394 Joint Motion to Continue Pre-Trial Deadlines and to Amend Docket Control Order. The deadlines that are currently set for before the April 23 hearing should be continued until after the hearing.Accordingly, it is ORDERED that deadlines for the parties to designate expert witnesses, exchange expert reports and identify trial witnesses, as well as the deadline for expert discovery, is to be determined after the April 23 hearing. Signed by District Judge Robert W. Schroeder, III on 04/14/21. (lfs, )
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| Filing 394 Joint MOTION to Amend/Correct Docket Control Order and Continue Pretrial Deadlines by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 393
ORDER RESETTING HEARING. The hearing on IDSA and the Doctor Defendants Opposed Motion to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment (Docket No. 359), Defendants Motions to Dismiss (Docket Nos. 355 and 363) and IDSA and Doctor Defendants Motion for Summary Judgment on Plaintiffs RICO and Antitrust Claims (Docket No. 357) previously set in this matter (see Docket No. 372) is hereby RESET for a videoconference hearingon April 23, 2021, at 10 a.m. Signed by District Judge Robert W. Schroeder, III on 3/26/21. (lfs, )
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| Filing 392 REPLY to Response to Motion re #381 MOTION for Sanctions Pursuant to Rule 11 filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit 1 IDSA Deposition Notice, #2 Exhibit 2 Email Thread)(Low, Ronald) |
Filing 391
ORDER granting #390 Plaintiffs' and Defendant Blue Cross and Blue Shield Association's Joint Motion to Stay All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Dkt. 309) be extended until and including April 24, 2021.Signed by District Judge Robert W. Schroeder, III on 3/25/21. (lfs, )
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| Filing 390 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
| Filing 389 REDACTION to #388 Sealed Response to Motion,, by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 388 SEALED RESPONSE to Motion re #381 MOTION for Sanctions Pursuant to Rule 11 filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 387
ORDER granting #385 Motion for Leave to File Excess Pages. It is ORDERED that Defendants' reply in support of their Motion for Summary Judgment (Docket No. 357) shall be no more than 25 pages in length. Signed by District Judge Robert W. Schroeder, III on 3/17/2021. (slo, )
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| Filing 386 REPLY to Response to Motion re #357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit 12 Sigal Deposition, #2 Exhibit 13 Sigal Supplemental Declaration, #3 Exhibit 14 Shapiro Supplemental Declaration, #4 Exhibit 15 Dattwyler Deposition, #5 Exhibit 16 Dattwyler Supplemental Declaration, #6 Exhibit 17 Busky Deposition, #7 Exhibit 18 Busky Supplemental Declaration, #8 Exhibit 19 2020 Tick-Borne Disease Congressional Report, #9 Exhibit 20 2003 ILADS Guidelines)(Low, Ronald) |
| Filing 385 MOTION for Leave to File Excess Pages for Reply in Support of Motion for Summary Judgment by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
Filing 384
ORDER granting #382 Defendants Consent Motion to Expand Reply Page Limit forMotion to Dismiss. It is therefore ORDERED that Defendants reply in support of their Motion to Dismiss (Docket No. 363) shall be no more than 15 pages in length. Signed by District Judge Robert W. Schroeder, III on 3/10/21. (lfs, )
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| Filing 383 REPLY to Response to Motion re #363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 382 Consent MOTION for Leave to File Excess Pages for Reply in Support of Motion to Dismiss by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| Filing 381 MOTION for Sanctions Pursuant to Rule 11 by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| Filing 380 RESPONSE in Opposition re #355 MOTION to Dismiss MOTION to Strike #352 Amended Complaint,, UNSEALED Response and Exhibits filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 379 REPLY to Response to Motion re #359 MOTION to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 378 RESPONSE in Opposition re #363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint Unsealed Response and Exhibits filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 377 AMENDED COMPLAINT Third Amended Complaint Unsealed against All Defendants, filed by Gayle Clarke, Jane Powell, Brienna Reed, Lisa Torrey, Kathryn Kocurek, Kristine Woodard, Rosetta Fuller, Randy Sykes, Adriana Monteiro Moreira, Amy Hanneken, Chloe Lohmeyer, Carol Fisch, John Valerio, Jessica McKinnie, Alarie Bowerman, Mike Peacher, Allison Lynn Caruana, Tawnya Dawn Smith. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N)(Dutko, Daniel) |
Filing 376
SECOND AMENDED DOCKET CONTROL ORDER: Pretrial Conference set for 8/5/2021 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Jury Selection set for 9/27/2021 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Jury Trial set for 9/27/2021 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Proposed Pretrial Order due by 6/25/2021. Signed by District Judge Robert W. Schroeder, III on 3/5/21. (lfs, )
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Filing 375
ORDER granting #374 Joint Motion to Continue Pre-Trial Deadlines and Briefing Schedule. It is therefore ORDERED that the briefing deadlines on Defendants pending motions for summary judgment (Docket No. 357), to stay (Docket No. 359) and to dismiss (Docket No. 363) are extended as follows:(a ) Plaintiffs Response (Dkt. 373) to Defendants Motion forSummary Judgment (Dkt. No. 357) March 2, 2021 (b ) Defendants Reply to Plaintiffs Response (Dkt. 373) to Defendants Motion for Summary Judgment (Dkt. 357) March 16, 2021(c ) Defendants Reply to Plaintiffs Response (Dkt. 365) to Motion to Stay (Dkt No. 359) March 8, 2021 (d ) Defendants Reply to Plaintiffs Response (Dkt. 370) to Motion to Dismiss 3rd Amended Complaint (Dkt. 363) March 9, 2021. Signed by District Judge Robert W. Schroeder, III on 3/5/21. (lfs, )
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| Filing 374 Agreed MOTION to Amend/Correct Scheduling Order and Proposed Briefing Schedule by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order Regarding Briefing Schedule, #2 Text of Proposed Order Proposed Second Amended Scheduling Order)(Dutko, Daniel) |
| Filing 373 RESPONSE in Opposition re #357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 372
ORDER resetting Hearing on Motions. The hearing on IDSA and the Doctor Defendants Opposed Motion to Stay PendingResolution of Motion to Dismiss and Motion for Summary Judgment (Docket No. 359) andDefendants Motions to Dismiss (Docket Nos. 355 and 363) previously set in this matter (seeDocket No. 369) is hereby RESET for a videoconference hearing on April 8, 2021, at 10 a.m.The Court will also hear arguments on IDSA and Doctor Defendants Motion for SummaryJudgment on Plaintiffs RICO and Antitrust Claims (Docket No. 357) at this hearing.. Signed by District Judge Robert W. Schroeder, III on 3/1/21. (lfs, )
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| Filing 371 NOTICE of Attorney Appearance - Pro Hac Vice by Michael A Warley on behalf of Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. Filing fee $ 100, receipt number 0540-8267655. (Warley, Michael) |
| Filing 370 SEALED RESPONSE to Motion re #363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
Filing 369
ORDER Setting Hearing on Motion #355 MOTION to Dismiss MOTION to Strike #352 Amended Complaint,, , #363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint, #359 MOTION to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment : Motion Hearing set for 3/17/2021 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 2/25/21. (lfs, )
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Filing 368
ORDER granting as modified #366 Motion to Extend the Stay on all deadlines as to these parties for 30 days. Accordingly, it is ORDERED that the stay of all existing deadlines between Plaintiffs and Defendant BlueCross and Blue Shield Association is extended until March 24, 2021.. Signed by District Judge Robert W. Schroeder, III on 2/22/21. (lfs, )
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| Filing 366 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
| Filing 365 RESPONSE in Opposition re #359 MOTION to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 364 REPLY to Response to Motion re #355 MOTION to Dismiss MOTION to Strike #352 Amended Complaint,, filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 363 MOTION to Dismiss Third Amended Complaint and Reply in Support of Motion to Dismiss Second Amended Complaint by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit 1 - 5-22-2015 Letter, #2 Exhibit 2 - 2006 IDSA Guidelines Excerpts, #3 Exhibit 3 - Wormser Depo Excerpts, #4 Text of Proposed Order)(Low, Ronald) |
| Filing 362 SEALED RESPONSE to Motion re #355 MOTION to Dismiss MOTION to Strike #352 Amended Complaint,, filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Dutko, Daniel) (Additional attachment(s) added on 2/5/2021: #7 Text of Proposed Order) (lfs, ). |
| Filing 361 Sealed Document. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N)(Dutko, Daniel) |
Filing 360
ORDER granting #356 Motion for Leave to File Excess Pages. It is therefore ORDERED that the Defendants' Motion for Summary Judgment on Plaintiffs' RICO and Antitrust Claims (Docket No. 357) is accepted as filed and that the briefing on this motion shall be subject to the page limits set forth in Local Rule CV-7(a)(1). Signed by District Judge Robert W. Schroeder, III on 2/4/2021. (slo, )
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| Filing 359 MOTION to Stay Pending Resolution of Motion to Dismiss and Motion for Summary Judgment by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| Filing 358 SEALED ADDITIONAL ATTACHMENTS to Main Document: #357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims. (Low, Ronald) |
| Filing 357 MOTION for Summary Judgment on Plaintiffs' RICO and Antitrust Claims by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit 2000 IDSA Guidelines, #2 Exhibit 2006 IDSA Guidelines, #3 Exhibit 2010 Independent Review Panel Report, #4 Exhibit Filed Separately Under Seal - Plaintiffs' Damages Disclosures, #5 Exhibit Busky Declaration, #6 Exhibit Dr Wormser Declaration, #7 Exhibit Dr Steere Declaration, #8 Exhibit Dr Dattwyler Declaration, #9 Exhibit Dr Halperin Declaration, #10 Exhibit Dr Shaprio Declaration, #11 Exhibit Dr Sigal Declaration, #12 Text of Proposed Order)(Low, Ronald) |
| Filing 356 Unopposed MOTION for Leave to File Excess Pages for Motion for Summary Judgment on Plaintiffs' RICO and Antitrust Claims by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| Filing 355 MOTION to Dismiss , MOTION to Strike #352 Amended Complaint,, by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Low, Ronald) |
Filing 354
ORDER granting #353 Plaintiffs and Defendant Blue Cross and Blue Shield Association's Joint Motion to Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between Plaintiffs and Defendant Blue Cross and Blue Shield Association is extended until February 12, 2021. Signed by District Judge Robert W. Schroeder, III on 01/15/21. (lfs, )
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| Filing 353 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
| Filing 352 AMENDED COMPLAINT against Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser, filed by Gayle Clarke, Jane Powell, Brienna Reed, Lisa Torrey, Kathryn Kocurek, Kristine Woodard, Rosetta Fuller, Randy Sykes, Adriana Monteiro Moreira, Amy Hanneken, Chloe Lohmeyer, Carol Fisch, John Valerio, Jessica McKinnie, Alarie Bowerman, Mike Peacher, Allison Lynn Caruana, Tawnya Dawn Smith. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Dutko, Daniel) |
Filing 351
ORDER granting #350 Motion to Withdraw as Attorney. Attorney Robert C.K. Boyd terminated. Signed by District Judge Robert W. Schroeder, III on 01/06/21. (lfs, )
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| Filing 350 Unopposed MOTION to Withdraw as Attorney Robert C.K. Boyd by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| Filing 349 REPLY to Response to Motion re #344 Opposed MOTION to Compel filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Low, Ronald) |
| Filing 348 SEALED RESPONSE to Motion re #344 Opposed MOTION to Compel filed by Lana Barnes, Alarie Bowerman, Amber Boyles, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, David Folsom (Ret.), Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Steve Hepler, Kathryn Kocurek, Chloe Lohmeyer, George Matteson, Caitlin McGrory, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| NOTICE of Deficiency regarding the 347 submitted no authority to seal and no proposed order. Correction should be made by 1 business day (lfs, ) |
| Filing 347 ***DEFICIENT DOCUMENT, PLEASE IGNORE. ATTORNEY TO REFILE WITH CERTIFICATE OF AUTHORITY TO SEAL AND ATTACH PROPOSED ORDER.***SEALED RESPONSE to Motion re #344 Opposed MOTION to Compel filed by Lana Barnes, Alarie Bowerman, Amber Boyles, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, David Folsom (Ret.), Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Steve Hepler, Kathryn Kocurek, Chloe Lohmeyer, George Matteson, Caitlin McGrory, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Dutko, Daniel) Modified on 12/22/2020 (lfs, ). |
Filing 346
ORDER granting #345 Motion to Extend Stay. It is thereforeORDERED that the stay of all existing deadlines between Plaintiffs and Defendant Blue Cross and Blue Shield Association is extended until January 13, 2021. Signed by District Judge Robert W. Schroeder, III on 12/15/20. (lfs, )
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| Filing 345 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
| Filing 344 Opposed MOTION to Compel by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Low, Ronald) |
Filing 343
ORDER granting #341 Motion to Withdraw as Attorney. It is thereforeORDERED that Matthew J. Piehl is withdrawn as counsel for UnitedHealth Group Incorporated and United HealthCare Services, Inc. The clerk shall discontinue all CM/ECF notices to Matthew J. Piehl. Signed by District Judge Robert W. Schroeder, III on 11/17/20. (lfs, )
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Filing 342
ORDER granting #340 Motion Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including 30 days after approval of settlement by the Court. Signed by District Judge Robert W. Schroeder, III on 11/17/20. (lfs, )
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| Filing 341 Unopposed MOTION to Withdraw as Attorney Matthew J. Piehl by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
| Filing 340 Joint MOTION to Extend Stay of All Deadlines re #333 Order on Motion for Miscellaneous Relief, #309 Scheduling Order,, Set Scheduling Order Deadlines, by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
Filing 339
ORDER granting #338 Plaintiffs and Defendant Blue Cross and Blue Shield Associations Joint Motion to Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between Plaintiffs and Defendant Blue Cross and Blue Shield Association is extended until December 12, 2020.Signed by District Judge Robert W. Schroeder, III on 11/13/20. (lfs, )
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| Filing 338 Joint MOTION to Stay by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
Filing 337
ORDER granting #336 Joint Motion to Extend Stay of All Deadlines. It is therefore ORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including 30 days after the Court approves the settlement for the minor plaintiffs. Signed by District Judge Robert W. Schroeder, III on 11/5/20. (lfs, )
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| Filing 336 Joint MOTION to Stay Joint Motion to Extend Stay of All Deadlines by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
Filing 335
ORDER granting #334 Motion to Appoint Guardian ad Litem. It is thereforeORDERED that the Court APPOINTS as guardian ad litem for the minor plaintiffs:George Matteson, Moore, Giles and Matteson, LLP, 1206 N. State Line Ave.Texarkana, AR 71854, (870) 774-5191. Signed by District Judge Robert W. Schroeder, III on 11/02/20. (lfs, )
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| Filing 334 MOTION to Appoint Guardian ad Litem by Plaintiffs and Settling Defendants, United Healthcare Services, Inc., United Healthcare Group, Incorporated, Kaiser Permanente, Inc., Cigna Corporation, Blue Cross and Blue Shield of Texas, Anthem, Inc., Blue Cross Blue Shield Association and Aetna, Inc. by Anthem Inc. (Ridley, Eileen) (Additional attachment(s) added on 11/2/2020: #1 Text of Proposed Order) (lfs, ). |
Filing 333
ORDER granting #331 Joint Motion Extend Stay of All Deadlines. It is ORDERED that the stay of all existing deadlines between the Parties set forth in theCourts Amended Docket Control Order (Docket No. 309) be extended until and including November 16, 2020. Signed by District Judge Robert W. Schroeder, III on 10/15/20. (lfs, )
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| Filing 332 REPORT of Mediation by David Folsom (Ret.). Mediation result: Amended as to Blue Cross and Blue Shield Association (settled)(Folsom, David) |
| Filing 331 Joint MOTION to Extend Stay of All Deadlines re #324 Order on Motion for Miscellaneous Relief, #309 Scheduling Order,, Set Scheduling Order Deadlines, by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
Filing 330
ORDER granting #328 Plaintiffs and Defendant Aetna Inc.'s Joint Motion to Extend Stay of All Deadlines. It is therefore ORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including November 3, 2020. Signed by District Judge Robert W. Schroeder, III on 10/14/20. (lfs, )
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Filing 329
ORDER granting #327 Plaintiffs and Defendant Blue Cross and Blue Shield Association's Joint Motion to Stay All Deadlines and Notice of Settlement. It is therefore ORDERED that all proceedings between Plaintiffs and Defendant Blue Cross and Blue Shield Association, including all pending deadlines, are hereby STAYED until November 12, 2020. Signed by District Judge Robert W. Schroeder, III on 10/14/20. (lfs, )
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| Filing 328 Joint MOTION to Extend Stay of All Deadlines by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 327 Joint SEALED MOTION Joint Motion to Stay All Deadlines and Notice of Settlement by Blue Cross and Blue Shield Association. (Attachments: #1 Text of Proposed Order)(Donnell, Sarah) |
Filing 326
ORDER granting #325 Motion Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including October 12, 2020. Signed by District Judge Robert W. Schroeder, III on 09/21/20. (lfs, )
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| Filing 325 Agreed MOTION Extend Stay of All Deadlines re #322 Order on Motion for Miscellaneous Relief, (Joint Motion to Extend Stay of All Deadlines by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
Filing 324
ORDER granting #323 Motion to Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Court's Amended Docket Control Order (Docket No. 309) be extended until and including October 16, 2020. Signed by District Judge Robert W. Schroeder, III on 9/18/2020. (slo, )
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| Filing 323 Joint MOTION to Extend Stay of All Deadlines re #320 Order on Motion for Miscellaneous Relief, #309 Scheduling Order,, Set Scheduling Order Deadlines, by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
Filing 322
ORDER granting #321 Motion to Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including September 21, 2020. Signed by District Judge Robert W. Schroeder, III on 09/01/20. (lfs, )
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| Filing 321 Joint MOTION re #318 Order on Motion to Stay, Joint Motion to Extend Stay of all Deadlines by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
Filing 320
ORDER granting #319 Motion Extend Stay of All Deadlines. It is thereforeORDERED that the stay of all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) be extended until and including September 16, 2020. Signed by District Judge Robert W. Schroeder, III on 08/18/20. (lfs, )
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| Filing 319 Joint MOTION to Extend Stay of All Deadlines re #316 Order on Sealed Motion, #309 Scheduling Order,, Set Scheduling Order Deadlines, by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
Filing 318
ORDER granting #317 Joint Motion to Extend Stay of all Deadline. It is therefore ORDERED that all deadlines existing between the Parties be extended until and including Monday, August 31, 2020. Signed by District Judge Robert W. Schroeder, III on 08/13/20. (lfs, )
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| Filing 317 Joint MOTION to Stay re #314 Order on Sealed Motion, Joint Motion to Extend Stay All Deadlines by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
Filing 316
ORDER granting #315 Joint Motion to Stay and Notice of Settlement. It is therefore ORDERED that all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) are stayed until and including Monday, August 17, 2020. Signed by District Judge Robert W. Schroeder, III on 07/21/20. (lfs, )
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| Filing 315 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
Filing 314
ORDER granting #313 Joint Motion to Stay and Notice of Settlement. It is therefore ORDERED that all existing deadlines between the Parties set forth in the Courts Amended Docket Control Order (Docket No. 309) are stayed until and including Monday, August 10, 2020. Signed by District Judge Robert W. Schroeder, III on 07/10/20. (lfs, )
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| Filing 313 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
Filing 312
ORDER. It is ORDERED that Plaintiffs will identify a proposed guardian ad litem on behalf of the minor Plaintiffs and bring a motion before the Court for approval of that guardian ad litem. It is also ORDERED that, once a guardian ad litem is identified and approved by the Court,Plaintiffs and the settling defendants (i.e., Anthem, Inc.; Blue Cross and Blue Shield of Texas; Kaiser Foundation Health Plan, Inc.; and Cigna Health and Life Insurance Company) will bring a motion before the Court to approve the respective settlements. It is ORDERED that the existing stay shall be extended up to and including June 30, 2020. Signed by District Judge Robert W. Schroeder, III on 5/4/2020. (slo, )
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| Filing 311 STIPULATION and Notice Regarding Need for Guardian Ad Litem to Conclude Settlements by Anthem Inc. (Attachments: #1 Proposed Order)(Ridley, Eileen) |
| Filing 310 STIPULATION and Notice Regarding Capacity of Ashleigh Peacher and Christopher Valerio by Anthem Inc. (Ridley, Eileen) |
Filing 309
AMENDED DOCKET CONTROL ORDER:( Pretrial Conference set for 8/5/2021 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial set for 9/27/2021 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.) Jury Selection set for 9/27/2021 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Proposed Pretrial Order due by 6/25/2021. Signed by District Judge Robert W. Schroeder, III on 03/27/20. (lfs, )
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| Filing 308 Submission of Proposed Agreed Docket Control/Scheduling order by Aetna Inc.,, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser . (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| ***FILED IN ERROR. Document # 307, Submission. PLEASE IGNORE.*** (lfs, ) |
| Filing 307 ***PLEASE IGNORE. DOCUMENT FILED IN ERROR. ATTORNEY TO REFILE.Submission of Proposed Agreed Docket Control/Scheduling order by Aetna Inc.,, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser . (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) Modified on 3/25/2020 (lfs, ). |
Filing 306
ORDER. Before the Court is Defendants Motion to Withdraw their Motion for Protective Order (Docket No. 305). The Court GRANTS the motion. It is thereforeORDERED that Defendants Motion for Protective Order (Docket No. 281) is herebyWITHDRAWN. Signed by District Judge Robert W. Schroeder, III on 03/23/20. (lfs, )
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| Filing 305 Opposed MOTION to Withdraw #281 Opposed MOTION for Protective Order regarding Plaintiffs' proposed depositions of their designated experts by Aetna Inc.,, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Proposed Order)(Low, Ronald) |
| Filing 304 **FILED IN ERROR. WRONG EVENT USED. PLEASE IGNORE. ATTORNEY TO REFILE AS MOTION.***NOTICE by Aetna Inc.,, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser re #281 Opposed MOTION for Protective Order regarding Plaintiffs' proposed depositions of their designated experts (Low, Ronald) Modified on 3/19/2020 (lfs, ). |
| NOTICE of Deficiency regarding the 304 Notice submitted as wrong event used. Attorney to refile using Motion event and attaching a proposed order. Correction should be made by 1 business day (lfs, ) |
Filing 303
ORDER granting #277 IME Defendants' Motion to Substitute Independent Medical Examiner and denying #282 Motion to Bifurcate. The parties are ORDERED to file an Agreed Proposed Docket Order within seven (7) days of the date of this order.Signed by District Judge Robert W. Schroeder, III on 03/17/20. (lfs, )
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| Filing 302 NOTICE by Amy Hanneken Plaintiff's Notice of Withdrawl of Expert Designations (Egdorf, Eugene) |
Filing 301
ORDER. It is ORDERED that all claims against Cigna Health and Life Insurance Company (sued herein as Cigna Corporation) are DISMISSED WITH PREJUDICE. Each party shall bear its own costs, attorneys fees, and expenses. Cigna Corporation terminated., ORDER re #299 Notice of Voluntary Dismissal filed by Lisa Torrey. Signed by District Judge Robert W. Schroeder, III on 03/10/2020. (lfs, )
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Filing 300
ORDER granting #298 Joint Motion to Stay All Deadlines. It is ORDERED that the current STAY of all deadlines between Plaintiffs and Kaiser which will expire on 3/5/2020, shall be EXTENDED for a period of an additional 30 days from 3/5/2020, pending the parties submission of appropriate dismissal papers. This Order shall not impact the status of or deadlines concerning any other defendant in the case. Signed by District Judge Robert W. Schroeder, III on 3/3/2020. (slo, )
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| Filing 299 NOTICE of Voluntary Dismissal by Lisa Torrey (Egdorf, Eugene) (Additional attachment(s) added on 3/5/2020: #1 Text of Proposed Order) (slo, ). |
| Filing 298 Joint MOTION to Stay re #271 Order on Sealed Motion,, All Deadlines as Between Plaintiffs and Kaiser Foundation Health Plan, Inc. by Kaiser Permanente, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Stay All Deadlines)(Law, Alan) |
Filing 297
ORDER granting #294 Motion to Stay All Deadlines between Plaintiffs and Blue Cross and Blue Shield of Texas. It is ORDERED that the current stay of all deadlines between Plaintiffs and BCBST, which will expire on February 28, 2020, shall be EXTENDED for a period of an additional 30 days from February 28, 2020, pending the parties submission of appropriate dismissal papers. This Order shall not impact the status of or deadlines concerning any other defendant in the case. Signed by District Judge Robert W. Schroeder, III on 2/27/2020. (slo, )
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| Filing 296 REPLY to Response to Motion re #282 MOTION to Bifurcate Case Schedule filed by Aetna Inc.,, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Doan, Jennifer) |
| Filing 295 REPLY to Response to Motion re #281 Opposed MOTION for Protective Order regarding Plaintiffs' proposed depositions of their designated experts filed by Aetna Inc.,, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Low, Ronald) |
| Filing 294 Joint MOTION to Stay re #267 Order on Sealed Motion, Extend Stay as to BCBSTX by Blue Cross and Blue Shield of Texas. (Attachments: #1 Text of Proposed Order)(Chassman, Peter) |
Filing 293
ORDER granting #289 Sealed Motion to Stay Deadlines and Notice of Settlement between Plaintiffs and Anthem, Inc. It is ORDERED that all deadlines between Plaintiffs and Anthem are STAYED for 30 days from the date of this order, pending the parties submission of appropriate dismissal papers. Signed by District Judge Robert W. Schroeder, III on 2/25/2020. (slo, )
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| Filing 292 REPLY to Response to Motion re #277 Opposed MOTION Substitute Independent Medical Examiner re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit Declaration of Alvin Dunn, #2 Exhibit Declaration of Michael Tuteur)(Low, Ronald) |
| NOTICE of Deficiency regarding #291 REPLY to Response to Motion. Exhibits to document number 291 are not identified with specificity per Local Rule 5. Correction should be made by one business day. (slo, ) |
| Filing 291 *DEFICIENT DOCUMENT. ATTORNEY MUST REFILE.* REPLY to Response to Motion re #277 Opposed MOTION Substitute Independent Medical Examiner re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit, #2 Exhibit)(Low, Ronald) Modified on 2/25/2020 (slo, ). |
| Filing 290 ANSWER to #186 Amended Complaint,,, by United Healthcare Group Incorporated, United Healthcare Services, Inc..(Jones, Michael) |
| Filing 289 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement by Anthem Inc. (Attachments: #1 Proposed Order)(Brown, Sara) |
| Filing 288 ANSWER to #186 Amended Complaint,,, by Aetna Inc.,.(Doan, Jennifer) |
| Filing 287 ANSWER to #186 Amended Complaint,,, by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser.(Low, Ronald) |
| Filing 286 ANSWER to #186 Amended Complaint,,, by Blue Cross and Blue Shield Association.(Donnell, Sarah) |
| Filing 285 RESPONSE to Motion re #282 MOTION to Bifurcate Case Schedule filed by Lisa Torrey. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Egdorf, Eugene) |
| Filing 284 RESPONSE in Opposition re #281 Opposed MOTION for Protective Order regarding Plaintiffs' proposed depositions of their designated experts filed by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Dutko, Daniel) |
| Filing 283 RESPONSE in Opposition re #277 Opposed MOTION Substitute Independent Medical Examiner re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, filed by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Dutko, Daniel) |
| Filing 282 MOTION to Bifurcate Case Schedule by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Doan, Jennifer) |
| Filing 281 Opposed MOTION for Protective Order regarding Plaintiffs' proposed depositions of their designated experts by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A)(Low, Ronald) |
| Filing 280 PAPER TRANSCRIPT REQUEST by Lisa Torrey for proceedings held on 02/05/2020 Scheduling Conference before Judge Robert W. Schroeder III. (Egdorf, Eugene) (Transcript request forwarded to Ed Reed, Court Reporter on 02/12/2020) |
Filing 279
ORDER. The Court GRANTS-IN-PART and DENIES-IN-PART Defendants Motion to Dismiss (Docket No. 192). Plaintiffs fraudulent concealment claims are DISMISSED WITH PREJUDICE. The Doctor Defendants Motion to Dismiss (Docket No. 151) is DENIED. Signed by District Judge Robert W. Schroeder, III on 02/10/20. (lfs, )
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| Filing 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference held on 02/05/2020 before Judge Schroeder. Court Reporter/Transcriber: Ed Reed,Telephone number: 409/330-1605. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 2/28/2020. Release of Transcript Restriction set for 5/7/2020. (lfs, ) |
| Filing 277 Opposed MOTION Substitute Independent Medical Examiner re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, by Anthem Inc, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Ex. 1 - Declaration of Edward L. Goodman, M.D., #2 Ex. 2 - January 22, 2020 Email Regarding Plaintiffs' Objection to Substitution, #3 Proposed Order)(Brown, Sara) |
Filing 276
ORDER. The Court SETS the following briefing schedules for the motions discussed during the scheduling conference on February 5, 2020. For Defendants Motion to Substitute IME Physician: Defendants Motion is due onFebruary 7, 2020; Plaintiffs Opposition is due on February 18, 2020; and Defendants Reply in support of the Motion is due on February 24, 2020.For Defendants Motion to Bifurcate Discovery and Motion for Protective Order:Defendants Motions are due on February 12, 2020; Plaintiffs Oppositions are due on February 19, 2020, and Defendants Replies in support of the Motions are due on February 26, 2020. Signed by District Judge Robert W. Schroeder, III on 02/05/20. (lfs, )
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| Filing 275 PAPER TRANSCRIPT REQUEST by Aetna Inc., for proceedings held on 2/5/2020 Scheduling Conference before Judge Robert W. Schroeder III. (Roeser, Jeffrey) (Transcript Request forwarded to Ed Reed, Court Reporter on 02/05/20) |
| Filing 274 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Scheduling Conference held on 2/5/2020. (Court Reporter Ed Reed) (Attachments: #1 Attorney Sign In Sheet) (bas) |
Filing 273
ORDER granting #272 Sealed Amended Joint Motion to Stay All Deadlines and Notice of Settlement between Plaintiffs and Cigna Health and Life Insurance Company (sued as Cigna Corporation). It is ORDERED that all deadlines between Plaintiffs and Cigna are STAYED for 30 days from the date of this order, pending the parties submission of appropriate dismissal papers. This Order shall not impact the status of or deadlines concerning any other defendant in the case. Signed by District Judge Robert W. Schroeder, III on 02/04/20. (lfs, )
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| Filing 272 Amended SEALED MOTION Amended Joint Motion to Stay All Deadlines and Notice of Settlement by Cigna Corporation. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (SEALED))(Fee, R.) |
Filing 271
ORDER granting #268 Joint Motion to Stay all Deadlines and Notice of Settlement between Plaintiffs and Kaiser Foundation Health Plan, Inc. It is therefore ORDERED that all deadlines between Plaintiffs and Kaiser are STAYED for 30 days from the date of this Order, pending the parties submission of appropriate dismissal papers. This Order shall not impact the status of or deadlines concerning any other defendant in the case. Signed by District Judge Robert W. Schroeder, III on 02/04/20. (lfs, )
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| Filing 270 SEALED MOTION Joint Motion to Stay All Deadlines and Notice of Settlement by Cigna Corporation. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (SEALED))(Fee, R.) |
| Filing 269 STATUS REPORT (Joint) by Anthem Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ridley, Eileen) |
| Filing 268 Joint SEALED MOTION to Stay All Deadlines and Notice of Settlement by Kaiser Permanente, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Sealed Motion to Stay and Notice of Settlement)(Law, Alan) |
Filing 267
ORDER granting #266 Sealed Joint Motion Joint Motion to Stay All Deadlines and Notice of Settlement between Plaintiffs and Blue Cross and Blue Shield of Texas. It is ORDERED that all deadlines between Plaintiffs and BCBST are STAYED for 30 days from the date of this order, pending the parties submission of appropriate dismissal papers. Signed by District Judge Robert W. Schroeder, III on 1/30/2020. (slo, )
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| Filing 266 Joint SEALED MOTION to Stay all Deadlines and Notice of Settlement Between Plaintiffs and Blue Cross and Blue Shield of Texas by Blue Cross and Blue Shield of Texas. (Attachments: #1 Text of Proposed Order)(Chassman, Peter) |
| Scheduling Conference set for 2/5/2020 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III per Order (Dkt. No. 265). (slo, ) |
Filing 265
Order granting #264 Parties' Joint Motion to Extend Stay of the Case. It is, therefore, ORDERED that the stay of the case shall be extended up through and including February 14, 2020, with the exceptions of: 1) third party document discovery, as ordered in the Courts initial stay of the case, and 2) a scheduling conference to be scheduled, as set forth below. It isfurther ORDERED that the parties shall submit a Joint Report to the Court by January 31, 2020. The Joint Report shall include the parties agreements and/or differences concerning the case schedule, the amount of time necessary to finish discovery and trial timing and length. The Court SETS a scheduling conference for February 5, 2020 at 10 a.m. in Texarkana,Texas to take up the matters addressed in the Joint Report so that a case schedule can be put inplace. Signed by District Judge Robert W. Schroeder, III on 12/18/19. (lfs, ) (lfs, ).
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| Filing 264 Joint MOTION to Extend Stay of the Case and Joint Notice Regarding Case Status by Blue Cross and Blue Shield of Texas. (Attachments: #1 Text of Proposed Order on Joint Motion to Extend Stay of the Case.)(Chassman, Peter) |
| ***FILED IN ERROR. Document # 263, Notice. Attorney to refile using correct MOTION event. PLEASE IGNORE.*** (slo, ) |
| Filing 262 REPORT of Mediation by David Folsom (Ret.). Mediation result: settled (Kaiser Permanente, Inc.)(Folsom, David) |
| Filing 261 REPORT of Mediation by David Folsom (Ret.). Mediation result: suspended (Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, Dr. Leonard Sigal, Dr. Allen Steere, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Aetna Inc., Anthem, Inc., Cigna Corporation, United Healthcare Services, Inc. and United Healthcare Group Incorporated.)(Folsom, David) |
Filing 260
ORDER granting #259 Motion to Stay. It is therefore ORDERED that this matter shall be STAYED up and through December 31, 2019. During the stay period, there will be no litigation activities between the parties,including discovery, but the parties are not restricted from serving and enforcing document subpoenas against non-parties or participating in mediation.On December 16, 2019, the parties shall submit to the Court a Joint Notice regarding the status of this matter and requesting additional relief, either in the form of an extension of the stay or a termination of the stay and the entry of an amended docket control order, which would request a new trial date and associated dates (e.g., close of discovery, motion dates, expert disclosures, etc.). Signed by District Judge Robert W. Schroeder, III on 09/12/19. (lfs, )
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| Filing 259 Joint MOTION to Stay by Blue Cross and Blue Shield of Texas. (Attachments: #1 Text of Proposed Order)(Chassman, Peter) |
Filing 258
ORDER granting #256 Stipulation. It is therefore ORDERED that Plaintiffs and Defendants counsel shall continue their meet-and-confer efforts and shall provide the Court with the ordered notice providing the times and dates for theindependent medical examinations by October 2, 2019 unless the matter has been stayed in the interim time period. If a stay has been issued, the parties shall provide the Court with notice of the dates and times of the IMEs within two weeks after the stay has been lifted. Signed by District Judge Robert W. Schroeder, III on 09/05/19. (lfs, )
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| Filing 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 08/22/19 before Judge Schroeder. Court Reporter/Transcriber: Edward L. Reed,Telephone number: 409-330-1605. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 9/25/2019. Release of Transcript Restriction set for 12/3/2019. (lfs, ) |
| Filing 256 STIPULATION TO CONTINUE DATE TO PROVIDE COURT NOTICE OF INDEPENDENT MEDICAL EXAMINATION DATES by Anthem Inc, Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Proposed Order)(Brown, Sara) |
Filing 255
ORDER granting #219 Motion to Compel; granting #226 Motion for Protective Order; granting #228 Motion for Protective Order. It isORDERED that the Doctors shall produce their emails from the current work email accounts. It is further ORDERED that the questioning of the IDSA and Aetnas corporate representatives is limited in scope to the timeframe and subject-matter restrictions set forth in the Joint Order (Docket No. 181) and the Courts Order (Docket No. 190). It is further ORDERED that the questioning of the IDSAs corporate representative shall not include the 2019 IDSA Lyme Disease Guidelines.. Signed by District Judge Robert W. Schroeder, III on 08/29/19. (lfs, )
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| Filing 254 NOTICE by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser Doctor Defendants Third Notice Regarding Employers Email Policies in Opposition to Plaintiffs Emergency Motion to Compel (Dunn, Alvin) |
| Filing 253 NOTICE by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser Doctor Defendants Second Notice Regarding Employers Email Policies in Opposition to Plaintiffs Emergency Motion to Compel (Dunn, Alvin) |
| Filing 252 NOTICE by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser re #248 Notice (Other), Doctor Defendants Notice of Supplemental Authority In Opposition To Plaintiffs Emergency Motion To Compel (Low, Ronald) |
| Filing 251 NOTICE by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser Defendants' Notice of Hearing Presentation Slides (Attachments: #1 Exhibit Exhibit A - 20190822 Demonstratives for MTC and Protective Order Hearing)(Low, Ronald) |
Filing 250
AMENDED DOCKET CONTROL/SCHEDULING ORDER:( Pretrial Conference reset for 2/4/2020 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Selection reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Proposed Pretrial Order due by 1/14/2020.), Motions terminated: #247 Joint MOTION to Amend/Correct #207 Scheduling Order. Signed by District Judge Robert W. Schroeder, III on 08/26/19. (lfs, )
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| Filing 249 RESPONSE to #248 Notice (Other), Plaintiffs' Response to Doctor Defendants' Notice of Supplemental Authority filed by Lisa Torrey. (Egdorf, Eugene) |
| Filing 248 NOTICE by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser re #219 Emergency MOTION to Compel Discovery Doctor Defendants Notice of Supplemental Authority In Opposition To Plaintiffs Emergency Motion to Compel (Attachments: #1 Exhibit In re Grand Jury Subpoena, 646 F.2d 963, #2 Exhibit Dotson v. Edmonson)(Low, Ronald) |
| Filing 247 Joint MOTION to Amend/Correct #207 Scheduling Order,,,,,, Terminate Motions,,,,,, Set Deadlines/Hearings,,,,, by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Steve Hepler, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 246 PAPER TRANSCRIPT REQUEST by Aetna Inc., for proceedings held on 8/22/2019 Motion Hearing before Judge Schroeder, III. (Roeser, Jeffrey) (Transcript Request forwarded to Ed Reed, Court Reporter on 08/22/19) |
| Filing 245 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 8/22/2019 re #226 MOTION for Protective Order filed by Infectious Diseases Society of America and #219 Emergency MOTION to Compel Discovery filed by Lisa Torrey. (Court Reporter Ed Reed) (Attachments: #1 Attorney Sign In Sheet) (bas) |
| Filing 243 NOTICE by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard re #219 Emergency MOTION to Compel Discovery JOINT REPORT ON PLAINTIFFS EMERGENCY MOTION TO COMPEL (Lee, Lance) |
| NOTICE of Deficiency regarding the 241 Joint Notice. Joint pleadings require signatures of all parties. Correction should be made by 1 business day. (lfs, ) |
| Filing 242 NOTICE by Infectious Diseases Society of America re #226 MOTION for Protective Order Joint Notice Regarding IDSA's Motion for Protective Order (Low, Ronald) |
| Filing 241 ***FILED IN ERROR. PLEASE IGNORE.***NOTICE by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard re #219 Emergency MOTION to Compel Discovery JOINT REPORT ON PLAINTIFFS EMERGENCY MOTION TO COMPEL (Lee, Lance) Modified on 8/21/2019 (lfs, ). |
| Filing 240 NOTICE by Aetna Inc., re #228 MOTION for Protective Order From Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b) Joint Notice Regarding Aetna Inc.'s Motion for Protection from Plaintiffs' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6) (Doan, Jennifer) |
| Filing 239 RESPONSE to Motion re #228 MOTION for Protective Order From Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b) filed by Lisa Torrey. (Dutko, Daniel) (Additional attachment(s) added on 8/21/2019: #1 Text of Proposed Order) (lfs, ). |
| Filing 238 REPLY to Response to Motion re #228 MOTION for Protective Order From Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b) filed by Infectious Diseases Society of America. (Low, Ronald) |
| Filing 237 Opposed MOTION for Leave to File Reply to Plaintiffs' Response to Defendant's Motion for Protective Order by Infectious Diseases Society of America. (Attachments: #1 Text of Proposed Order)(Low, Ronald) |
| NOTICE of Deficiency regarding the 236 Motion for leave submitted does not comply with LR CV7(k) Motions for Leave. Correction should be made by 1 business day. (lfs, ) |
| Filing 236 ***DEFICIENT DOCUMENT, ATTORNEY WILL REFILE. PLEASE IGNORE.***Opposed MOTION for Leave to File Reply to Plaintiffs' Response to Defendant's Motion for Protective Order by Infectious Diseases Society of America. (Attachments: #1 Exhibit Reply to Plaintiff's response to Motion for PO, #2 Exhibit Proposed Order)(Low, Ronald) Modified on 8/20/2019 (lfs, ). |
Filing 235
ORDER granting #232 Plaintiff's Unopposed Motion for Leave to File Reply to Insurance Defendants' Response to Plaintiffs' Emergency Motion to Compel. Signed by District Judge Robert W. Schroeder, III on 08/14/19. (lfs, )
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Filing 234
ORDER. The Court hereby SETS Plaintiffs Emergency Motion to Compel Discovery (Docket No. 219), Defendant Infectious Diseases Society of Americas Motion for Protective Order (Docket No. 226), and Defendant Aetnas Motion for Protection from Plaintiffs Notice of Deposition (Docket No. 228) for a hearing on Thursday, August 22, 2019, at 10 a.m. in Texarkana, Texas.Plaintiffs response to Defendant Aetnas Motion for Protection from Plaintiffs Notice of Deposition (Docket No. 228) shall be due Tuesday, August 20, 2019, at 12 p.m. The Court GRANTS Plaintiffs Request for Status Conference (Docket No. 229) to be held during the above-set hearing.The parties are reminded of their responsibility to comply with the Courts Standing Order Regarding Meet and Confer Obligations Relating to Discovery Disputes. Signed by District Judge Robert W. Schroeder, III on 08/14/19. (lfs, )
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| Filing 233 REPLY to Response to Motion re #219 Emergency MOTION to Compel Discovery filed by Lisa Torrey. (Attachments: #1 Exhibit A)(Dutko, Daniel) |
| Filing 232 Unopposed MOTION for Leave to File Plaintiffs' Reply to Insurance Defendants' Response to Emergency Motion to Compel by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Dutko, Daniel) |
| Filing 231 ***DEFICIENT DOCUMENT, ATTORNEY WILL HAVE 1 BUSINES DAY TO REFILE. PLEASE IGNORE***Unopposed MOTION for Leave to File Plaintiffs' Reply to Insurance Defendants' Response to Emergency Motion to Compel by Lisa Torrey. (Attachments: #1 Plaintiffs' Reply to Insurance Defendants' Response to Emergency Motion to Compel, #2 Exhibit A)(Dutko, Daniel) Modified on 8/14/2019 (lfs, ). |
| Filing 230 RESPONSE to Motion re #226 MOTION for Protective Order filed by Lisa Torrey. (Dutko, Daniel) |
| Filing 229 MOTION Request for Status Conference by Lisa Torrey. (Dutko, Daniel) (Additional attachment(s) added on 8/14/2019: #1 Text of Proposed Order) (lfs, ). |
| PLEASE IGNORE #231. NOTICE of Deficiency regarding the 231 Motion for Leave to File submitted. Not filed per LR CV 7(a) and (k). Attorney to refile within 1 business day.(lfs, ) |
| Filing 228 MOTION for Protective Order From Plaintiff's Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b) by Aetna Inc.,. (Attachments: #1 Exhibit, #2 Exhibit, #3 Text of Proposed Order)(Sheridan, Matthew) |
| Filing 227 ***FILED IN ERROR BY ATTORNEY. PLEASE IGNORE. ATTORNEY TO REFILE IN 1 BUSINESS DAY.*** MOTION for Protective Order from Plaintiffs' Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30 (b) (6) by Aetna Inc.,. (Attachments: #1 Exhibit, #2 Exhibit)(Sheridan, Matthew) Modified on 8/12/2019 (lfs, ). |
| ***FILED IN ERROR. ATTORNEY TO REFILE ATTACHING PROPOSED ORDER PURSUANT TO LR CV 5(A)(10) Document # 227, Motion for Protective Order. PLEASE IGNORE.*** (lfs, ) Modified on 8/12/2019 (lfs, ). |
| Filing 226 MOTION for Protective Order by Infectious Diseases Society of America. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibit A - Deposition Topics, #3 Exhibit Exhibit B - Objections and Responses)(Low, Ronald) |
Filing 225
ORDER granting #223 Motion for Leave to File Excess Pages. It is thereforeORDERED that the Insurance Defendants response to Docket No. 219 shall not exceed 15 pages and attachments thereto shall not exceed 32 pages.Signed by District Judge Robert W. Schroeder, III on 08/06/19. (lfs, )
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| Filing 224 RESPONSE in Opposition re #219 Emergency MOTION to Compel Discovery on behalf of the Insurance Defendants filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Kaiser Permanente, Inc., United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Ex. A - September 5, 2018 Letter from Plaintiffs, #2 Ex. B - October 5, 2018 Anthem Response, #3 Ex. C - May 10, 2019 Letter from Plaintiffs, #4 Ex. D - June 6, 2019 Anthem Response, #5 Ex. E - July 1, 2019 Email, #6 Ex. F - July 19, 2019 Email, #7 Ex. G - Deposition Excerpts, #8 Ex. H - Declaration - Aetna, #9 Ex. I - Declaration - Anthem, #10 Ex. J - Declaration - Cigna, #11 Ex. K - Declaration - Kaiser, #12 Ex. L - Declaration - United)(Brown, Sara) (Additional attachment(s) added on 8/6/2019: #13 Text of Proposed Order) (lfs, ). |
| Filing 223 Unopposed MOTION for Leave to File Excess Pages in the Insurance Defendants' Response to Plaintiffs' Emergency Motion to Compel by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Kaiser Permanente, Inc., United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Brown, Sara) |
| Filing 222 RESPONSE in Opposition re #219 Emergency MOTION to Compel Discovery filed by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A - Email, #3 Exhibit B - 5/17/19 letter, #4 Exhibit C - Email, #5 Exhibit D - Email, #6 Exhibit E - Email)(Low, Ronald) |
| Filing 221 NOTICE of Attorney Appearance by Sara Ann Brown on behalf of Anthem Inc (Brown, Sara) |
| Filing 220 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 07/17/19 before Judge Schroeder. Court Reporter/Transcriber: Theresa Sawyer,Telephone number: 479-866-0140. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 8/19/2019. Release of Transcript Restriction set for 10/28/2019. (lfs, ) |
| Filing 219 Emergency MOTION to Compel Discovery by Lisa Torrey. (Higgins, Ryan) |
Filing 218
ORDER GRANTING #216 Stipulation to Set Briefing Schedule on Plaintiffs Further Amended Motion to Compel Discovery. It is therefore ORDERED that:1.Plaintiffs shall file a further amended motion to compel discovery on or before July 24, 2019, limiting the issues presented in their prior Amended Motion to Compel Discovery (Docket No. 211) to only those issues that remain in dispute between the parties.2.Defendants shall file their response(s) to Plaintiffs Further Amended Motion on or before August 5, 2019.3.Pursuant to the Courts standing discovery order, no further briefing shall be allowed on Plaintiffs Further Amended Motion absent a request from the parties and order from the Court. Signed by District Judge Robert W. Schroeder, III on 07/23/19. (lfs, )
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Filing 217
Order GRANTING Stipulation of Dismissal of Plaintiffs Al Barnes,Steven Ward, Gail Meads, Dr. Michael Fundenberger and Max Shindler with Prejudice (Docket No. 215). It is therefore ORDERED that all claims asserted in this lawsuit by Plaintiffs Al Barnes, Steven Ward, Gail Meads, Dr. Michael Fundenberger, and Max Shindler be, and they are hereby DISMISSEDWITH PREJUDICE. It is further ORDERED that the parties each bear their respective attorneys fees, costs and expenses incurred in connection with this matter. Signed by District Judge Robert W. Schroeder, III on 07/23/19. (lfs, )
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| Filing 216 STIPULATION re #210 MOTION to Compel DISCOVERY, #213 Motion Hearing,,, Briefing Schedule on Motion to Compel by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Steve Hepler, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Proposed Order)(Klinsport, Kimberly) |
| Filing 215 STIPULATION of Dismissal with prejudice of Plaintiffs Al Barnes, Steven Ward, Gail Meads, Dr. Michael Fundenberger, and Max Schindler by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Proposed Order)(Klinsport, Kimberly) |
| Filing 214 NOTICE by Lisa Torrey (Dutko, Daniel) |
| Filing 213 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 7/17/2019 re #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction filed by Allen Steere, John J. Halperin, Eugene Shapiro, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, #192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected filed by Infectious Diseases Society of America, Blue Cross and Blue Shield Association, Allen Steere, Raymond J. Dattwyler, Cigna Corporation, Leonard Sigal, Kaiser Permanente, Inc., Gary P. Wormser, Robert B. Nadelman, United Healthcare Group Incorporated, United Healthcare Services, Inc., Anthem Inc, John J. Halperin, Eugene Shapiro, Blue Cross and Blue Shield of Texas, Aetna Inc. (Court Reporter Theresa Sawyer) (Attachments: #1 Attorney Sign-In Sheet) (SMC) |
| Filing 212 NOTICE of Attorney Appearance by Patrick Colbert Clutter, IV on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc. (Clutter, Patrick) |
| Filing 211 Amended MOTION to Compel DISCOVERY by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Higgins, Ryan) |
| Filing 210 MOTION to Compel DISCOVERY by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Dutko, Daniel) |
| Filing 209 NOTICE of Attorney Appearance by Michael John Forbes on behalf of Blue Cross and Blue Shield of Texas (Forbes, Michael) |
Filing 208
ORDER resetting Hearing on Motion #192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected, #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction :( Motion Hearing set for 7/17/2019 02:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.). Signed by District Judge Robert W. Schroeder, III on 07/01/19. (lfs, )
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Filing 207
DOCKET CONTROL/SCHEDULING ORDER:( Pretrial Conference reset for 2/4/2020 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Selection reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Proposed Pretrial Order due by 1/14/2020.), Motions terminated: #205 Joint MOTION to rule on disputed docket control order filed by Infectious Diseases Society of America, Blue Cross and Blue Shield Association, Allen Steere, Raymond J. Dattwyler, Cigna Corporation, Leonard Sigal, Kaiser Permanente, Inc., Gary P. Wormser, Robert B. Nadelman, United Healthcare Group Incorporated, United Healthcare Services, Inc., Anthem Inc, John J. Halperin, Eugene Shapiro, Blue Cross and Blue Shield of Texas, Aetna Inc.,., ( Pretrial Conference reset for 2/4/2020 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Selection reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial reset for 2/24/2020 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Proposed Pretrial Order due by 1/14/2020.). Signed by Magistrate Judge Caroline Craven on 06/26/19. (lfs, )
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Filing 206
ORDER Setting Hearing on Motion #192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected, #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction : Motion Hearing set for 7/10/2019 02:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III. Signed by District Judge Robert W. Schroeder, III on 6/25/2019. (slo, )
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| Filing 205 Joint MOTION to rule on disputed docket control order by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Disputed Docket Control Order)(Low, Ronald) |
| Filing 204 ***FILED IN ERROR BY ATTORNEY, PLEASE IGNORE. ATTORNEY WILL REFILE***Joint MOTION to rule on disputed docket control order by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Amber Boyles, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Steve Hepler, Infectious Diseases Society of America, Kaiser Permanente, Inc., Caitlin McGrory, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Disputed Docket Control Order)(Low, Ronald) Modified on 6/6/2019 (lfs, ). |
| ***FILED IN ERROR PER ATTORNEY. Document # 204, Joint Motion. PLEASE IGNORE. ATTORNEY WILL REFILE*** (lfs, ) |
Filing 203
ORDER granting #148 MOTION to Continue. The Court RESETS the trial setting in this case for February 2020. The parties are ORDERED to submit, within seven (7) days from the date of this order, a joint proposed docket control order incorporating the following schedule of deadlines:Jury Trial: February 24, 2020 at 9:00 a.m., Jury Selection: February 18, 2020 at 9:00 a.m., Pre-Trial Conference: February 4, 2020 at 10:00 a.m., Dispositive Motions Deadline: December 10, 2019. Signed by District Judge Robert W. Schroeder, III on 05/30/19. (lfs, )
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| Filing 202 NOTICE of Attorney Appearance by Nicholaus Engelhard Floyd on behalf of Cigna Corporation (Floyd, Nicholaus) |
| Filing 201 NOTICE of Attorney Appearance by Elizabeth Mooar Chiaviello on behalf of Cigna Corporation (Chiaviello, Elizabeth) |
| Filing 200 RESPONSE to #199 Notice (Other),, Defendants' Notice Regarding IME Meet-and-Confer filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dutko, Daniel) |
| Filing 199 NOTICE by Anthem Inc, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser re #198 Order, #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, (Attachments: #1 Ex. A - Declaration of Nina Torten, M.D., #2 Ex. B - Excerpts of Plaintiffs' Expert Designations, #3 Ex. C - March 22, 2019 Email)(Klinsport, Kimberly) |
Filing 198
ORDER. Defendants are ORDERED to file a notice by May 17, 2019 explaining the outcome of the parties meet and confer and identifying the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it. Signed by District Judge Robert W. Schroeder, III on 05/10/19. (lfs, )
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| Filing 197 REPLY to Response to Motion re #192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit Exhibit A - Email Communication re Custodians, #2 Exhibit Exhibit B - 2008.05.01 CT AG press release)(Low, Ronald) |
| Filing 196 RESPONSE to Motion re #192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, John Valerio, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Dutko, Daniel) |
Filing 195
ORDER. Plaintiffs' Motion for Extension of Time to Replead #123 is DENIED-AS-MOOT. Signed by District Judge Robert W. Schroeder, III on 04/15/19. (lfs, )
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| Filing 194 SEALED SECOND SUPPLEMENTAL SUBMISSION to #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin,. (Attachments: #1 Ex. 1 - Declaration of Robert L. Pinsky, M.D.)(Klinsport, Kimberly) |
| Filing 193 SEALED ADDITIONAL ATTACHMENTS to Main Document: #178 Response to Motion,. (Attachments: #1 Ex. P [Corrected] - Brienna, Reed, #2 Ex. T [Corrected] - Torrey, Lisa, #3 Ex. U [Corrected] - Valerio, Christopher)(Klinsport, Kimberly) |
| Filing 192 MOTION to Dismiss Plaintiffs First Amended Complaint - Corrected by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Exhibit A - Order on Texas Medical Board Opposed Motion to Quash Subpoena)(Low, Ronald) |
| NOTICE of Deficiency regarding #191 Motion to Dismiss First Amended Complaint submitted. Exhibit not identified with specificity and proposed order. not attached separately to document. Attorney to refile. Correction should be made by One Business Day. (slo, ) |
| Filing 191 DEFICIENT DOCUMENT. ATTORNEY MUST REFILE. MOTION to Dismiss First Amended Complaint by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit)(Low, Ronald) Modified on 4/10/2019 (slo, ). |
Filing 190
ORDER. Plaintiffs Motion to Compel Discovery (Docket No. 138) is GRANTED-AS-MODIFIED. At the hearing, the Court ordered Plaintiffs to produce all relevant documents with no limit on the timeframe. Docket No. 177 at 102:1216. Accordingly, and to the extent Plaintiffs have not yet produced these documents, Defendants Motion to Compel Deposition Dates and Damages (Docket No. 146) is GRANTED. Prior to the hearing, the Parties indicated they reached agreement on Defendants Motion to Compel Plaintiffs Email Production (Docket No. 152). Docket No. 168 at 3. Accordingly, that motion (Docket No. 152) is DENIED-AS-MOOT.. Signed by District Judge Robert W. Schroeder, III on 04/09/19. (lfs, )
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Filing 189
ORDER. Defendants are ORDERED to filed supplemental briefs under seal explaining, with particularity, why each plaintiffs medical history demonstrates good cause for the requested IME. Where appropriate, Defendants should explain, with particularity, why any prior Lyme disease tests fail to eliminate the need for an IME now, and what additional and otherwise unavailable information the requested IME will provide. Defendants briefs shall not exceed one (1) page and shall be filed by Friday, April 12, 2019. Signed by District Judge Robert W. Schroeder, III on 04/09/19. (lfs, )
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| Filing 188 NOTICE of Discovery Disclosure by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Kristine Woodard - Notice of Compliance Regarding Plaintiffs' Supplemental Additional Disclosures and Initial Production (Dutko, Daniel) |
| Filing 187 STATUS REPORT - Plaintiffs' Statement Regarding Date Discovery Period Should Commence by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dutko, Daniel) |
| Filing 186 AMENDED COMPLAINT against Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser, filed by Michael Fundenberger, Gayle Clarke, Jane Powell, Brienna Reed, Lisa Torrey, Kathryn Kocurek, Kristine Woodard, Rosetta Fuller, Randy Sykes, Adriana Monteiro Moreira, Amy Hanneken, Gail Meads, Chloe Lohmeyer, Carol Fisch, Christopher Valerio, Jessica McKinnie, Alarie Bowerman, Max Shindler, Mike Peacher, Allison Lynn Caruana, Tawnya Dawn Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Dutko, Daniel) |
| Filing 185 STATUS REPORT - Insurance Defendants' Statement Concerning Discovery Issues by Anthem Inc. (Klinsport, Kimberly) |
Filing 184
ORDER. The Court ORDERS Plaintiffs and the Insurance Defendants to file separate statements explaining the substantive reasons for their positions on the areas of disagreement (identified in #181 Joint Status Report) by Monday, March 25, 2019. Each statement shall not exceed five pages. Signed by District Judge Robert W. Schroeder, III on 3/21/2019. (slo, )
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Filing 183
ORDER granting #180 Motion for Extension of Time to File. It is therefore ORDERED that the parties may report their status as ordered during the March 11, 2019 hearing by March 20, 2018. Signed by District Judge Robert W. Schroeder, III on 3/21/2019. (slo, )
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Filing 182
ORDER granting #176 MOTION to Withdraw #170 MOTION to Intervene. It is ORDERED that Docket No. 170 is WITHDRAWN WITHOUT PREJUDICE as to refiling. The Court GRANTS Proposed Plaintiff-Intervenors LEAVE TO REFILE their motion to intervene once they have complied with all relevant Local Rules. Signed by District Judge Robert W. Schroeder, III on 3/21/2019. (slo, )
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| Filing 181 STATUS REPORT Joint Report of the Parties Following March 11, 2019 Motions Hearing by Aetna Inc.,. (Attachments: #1 Text of Proposed Order)(Sheridan, Matthew) |
| Filing 180 Joint MOTION for Extension of Time to File Status Report by Aetna Inc.,. (Sheridan, Matthew) (Additional attachment(s) added on 3/19/2019: #1 Text of Proposed Order) (slo, ). |
| Filing 179 SEALED ADDITIONAL ATTACHMENTS to Main Document: #178 Response to Motion,. (Attachments: #1 Exhibit A ((Bowerman, Anais), #2 Exhibit B ((Bowerman, Elise), #3 Exhibit C (Bowerman, Emory), #4 Exhibit D (Caruana, Allison), #5 Exhibit E - Part 1 (Clarke, Gayle), #6 Exhibit E - Part 2 (Clarke, Gayle), #7 Exhibit E - Part 3 (Clarke, Gayle), #8 Exhibit F (Fisch, Carol), #9 Exhibit G - Part 1 (Fuller, Rosetta), #10 Exhibit G - Part 2 (Fuller, Rosetta), #11 Exhibit H - Part 1 (Hanneken, Amy), #12 Exhibit H - Part 2 (Hanneken, Amy), #13 Exhibit H - Part 3 (Hanneken, Amy), #14 Exhibit H - Part 4 (Hanneken, Amy), #15 Exhibit I (Lohmeyer, Chloe), #16 Exhibit J (Meads, Gail), #17 Exhibit K (McKinnie, Jessica), #18 Exhibit L (Moreira, Adriana), #19 Exhibit M (Peacher, Ashley), #20 Exhibit N (Pitre, Monet), #21 Exhibit O (Powell, Jane), #22 Exhibit P (Reed, Brienna), #23 Exhibit Q (Shindler, Max), #24 Exhibit R (Smith, Tawnya), #25 Exhibit S (Sykes, Randy), #26 Exhibit T (Torrey, Lisa), #27 Exhibit U (Valerio, Christopher), #28 Exhibit V (Ward, Steven), #29 Exhibit W (Woodard, Kristine))(Klinsport, Kimberly) |
| Filing 178 RESPONSE to Motion (Supplemental Submission In Support of IME filed by Anthem Inc) re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, (Klinsport, Kimberly) Modified on 3/19/2019 (slo, ). |
| Filing 177 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 03/11/19 before Judge Robert W. Schroeder. Court Reporter/Transcriber: Christy Sievert,Telephone number: 469-600-5074. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Motion to Redact due 4/8/2019. Release of Transcript Restriction set for 6/17/2019. (lfs, ) |
| Filing 176 MOTION to Withdraw #170 MOTION to Intervene by Caitlin McGrory. (Attachments: #1 Text of Proposed Order)(Gewirtz, Jeffrey) |
| Filing 175 PAPER TRANSCRIPT REQUEST by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Egdorf, Eugene) (Transcript request forwarded to Christy Sievert, Court Reporter.) (Main Document 175 replaced with flattened image on 3/14/2019) (lfs) |
| Filing 174 NOTICE by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser Defendants' Notice of Hearing Presentation Slides (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Doan, Jennifer) |
| Filing 173 PAPER TRANSCRIPT REQUEST by Aetna Inc., for proceedings held on 3/11/19 Status Conference before Judge Schroeder. (Doan, Jennifer) (Transcript request forwarded to Christy Sievert, Court Reporter) |
| Filing 172 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 3/11/2019 re #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations filed by Alarie Bowerman, Michael Fundenberger, Jane Powell, Brienna Reed, Christopher Valerio, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, Gail Meads, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Max Shindler, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Steven Ward, Chloe Lohmeyer, Adriana Monteiro Moreira, #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, filed by Anthem Inc, #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction filed by Gary P. Wormser, Allen Steere, Raymond J. Dattwyler, Leonard Sigal, John J. Halperin, Eugene Shapiro, #146 MOTION to Compel Deposition Dates and Damages Computations filed by Infectious Diseases Society of America, Cigna Corporation, Gary P. Wormser, Robert B. Nadelman, United Healthcare Group Incorporated, Blue Cross and Blue Shield Association, Allen Steere, Raymond J. Dattwyler, Leonard Sigal, Kaiser Permanente, Inc., United Healthcare Services, Inc., Anthem Inc, John J. Halperin, Eugene Shapiro, Blue Cross and Blue Shield of Texas, Aetna Inc.,, #138 MOTION to Compel Discovery filed by Alarie Bowerman, Michael Fundenberger, Jane Powell, Brienna Reed, Christopher Valerio, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, Gail Meads, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Max Shindler, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Steven Ward, Chloe Lohmeyer, Adriana Monteiro Moreira, #148 MOTION to Continue filed by Alarie Bowerman, Michael Fundenberger, Jane Powell, Brienna Reed, Christopher Valerio, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, Gail Meads, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Max Shindler, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Steven Ward, Chloe Lohmeyer, Adriana Monteiro Moreira. (Court Reporter Christy Sievert) (Attachments: #1 Attorney Sign In Sheet) (bas) |
| Filing 171 NOTICE by Aetna Inc., re #152 MOTION to Compel Plaintiffs' Email Production - Defendants' Withdrawal of Motion (Sheridan, Matthew) |
| Filing 170 *WITHDRAWN WITHOUT PREJUDICE as to refiling per #182 Order* MOTION to Intervene by Caitlin McGrory, Steve Hepler, Amber Boyles. (Gewirtz, Jeffrey) (Additional attachment(s) added on 3/6/2019: #1 Text of Proposed Order) (slo, ). Modified on 3/21/2019 (slo, ) |
| Filing 169 NOTICE of Attorney Appearance - Pro Hac Vice Jeffrey E. Gewirtz Filing fee $ 100 (aam, ) |
| Pro Hac Vice Filing fee paid by Jeffrey E. Gweirtz; Fee: $100, receipt number: TXE100018098 (aam, ) |
| Filing 168 STATUS REPORT OF THE PARTIES IN ADVANCE OF MARCH 11, 2019 MOTIONS HEARING by Aetna Inc.,. (Sheridan, Matthew) |
| Filing 167 SEALED ADDITIONAL ATTACHMENTS to Main Document: #166 Reply to Response to Motion, Exhibit B. (Klinsport, Kimberly) |
| Filing 166 REPLY to Response to Motion re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, filed by Anthem Inc, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit A - Preliminary Report of Dr. Pinsky, #2 Exhibit B - Medical Records (filed separately under seal), #3 Exhibit C - California Medical Board Accusation)(Klinsport, Kimberly) |
| Filing 165 NOTICE by Aetna Inc., Defendants' Notice of Compliance with Designation of Experts and Service of Expert Reports (Sheridan, Matthew) |
| Filing 164 REPLY to Response to Motion re #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction filed by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 163 RESPONSE to Motion re #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Higgins, Ryan) |
| Filing 162 NOTICE of Attorney Appearance - Pro Hac Vice by Robert C.K. Boyd on behalf of Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. Filing fee $ 100, receipt number 0540-7160146. (Boyd, Robert) |
| Filing 161 NOTICE of Change of Address by Alan F. Law (Law, Alan) |
Filing 160
ORDER Resetting Hearing on Motions #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations, #138 MOTION to Compel Discovery, #154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin,, #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction, #146 MOTION to Compel Deposition Dates and Damages Computations, #148 MOTION to Continue :( Motion Hearing reset for 3/11/2019 at 02:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.) Accordingly, the Court ORDERS the following expedited briefing schedule on Docket No. 154: Plaintiffs responsive brief is due February 28, 2019 before 5 p.m.; Defendants reply brief, if any, is due March 4, 2019 before 5 p.m.; and Plaintiffs sur-reply brief, if any, is due March 8, 2019 before 5 p.m. Signed by District Judge Robert W. Schroeder, III on 02/26/19. (lfs, ) Modified on 2/26/2019 (slo, ).
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| Filing 159 RESPONSE to Motion re #152 MOTION to Compel Plaintiffs' Email Production filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Dutko, Daniel) |
| Filing 158 RESPONSE to Motion re #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Dutko, Daniel) |
| Filing 157 NOTICE of Attorney Appearance - Pro Hac Vice by Julia B. Hartley on behalf of Anthem Inc. Filing fee $ 100, receipt number 0540-7149107. (Hartley, Julia) |
| Filing 156 NOTICE of Attorney Appearance - Pro Hac Vice by Lucile H. Cohen on behalf of Anthem Inc. Filing fee $ 100, receipt number 0540-7149100. (Cohen, Lucile) |
| Filing 155 NOTICE of Attorney Appearance - Pro Hac Vice by John D. Martin on behalf of Anthem Inc. Filing fee $ 100, receipt number 0540-7149037. (Martin, John) |
| Filing 154 MOTION For Independent Medical Examinations of Those Plaintiffs Who Claim to Have Lyme Disease by Anthem, Inc., The Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, Dr. Leonard Sigal, and Dr. Allen Steere; filed by Anthem Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Appendix of Non-Legal Authorities, #5 Text of Proposed Order)(Klinsport, Kimberly) |
Filing 153
ORDER Setting Hearing on Motion #152 MOTION to Compel Plaintiffs' Email Production, #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations, #138 MOTION to Compel Discovery, #151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction, #146 MOTION to Compel Deposition Dates and Damages Computations, #148 MOTION to Continue :( Motion Hearing set for 3/12/2019 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.) Signed by District Judge Robert W. Schroeder, III on 02/11/19. (lfs, )
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| Filing 152 MOTION to Compel Plaintiffs' Email Production by Anthem Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Text of Proposed Order)(Klinsport, Kimberly) |
| Filing 151 MOTION to Dismiss for Lack of Jurisdiction Personal Jurisdiction by Raymond J. Dattwyler, John J. Halperin, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Text of Proposed Order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Low, Ronald) |
| Filing 150 RESPONSE to Motion re #148 MOTION to Continue filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Doan, Jennifer) |
| Filing 149 NOTICE of Change of Address by Daniel Raymond Dutko (Dutko, Daniel) |
| Filing 148 MOTION to Continue by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Text of Proposed Order)(Dutko, Daniel) |
| Filing 147 RESPONSE to Motion re #146 MOTION to Compel Deposition Dates and Damages Computations filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Text of Proposed Order)(Dutko, Daniel) |
| Filing 146 MOTION to Compel Deposition Dates and Damages Computations by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Proposed Order)(Chassman, Peter) |
| Filing 145 NOTICE of Attorney Appearance - Pro Hac Vice by Cameron Ginder on behalf of Blue Cross and Blue Shield Association. Filing fee $ 100, receipt number 0540-7063362. (Ginder, Cameron) |
| Filing 144 RESPONSE in Opposition re #138 MOTION to Compel Discovery filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Doan, Jennifer) |
| Filing 143 ***FILED IN ERROR. Document # 142, Response to Motion. PLEASE IGNORE.*** (lfs, ) |
| Filing 142 ***FILED IN ERROR PLEASE IGNORE. ATTORNEY WILL REFILE*** RESPONSE to Motion re #138 MOTION to Compel Discovery filed by Blue Cross and Blue Shield of Texas. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Chassman, Peter) Modified on 11/15/2018 (lfs, ). |
| Filing 141 SUR-REPLY to Reply to Response to Motion re #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations filed by Blue Cross and Blue Shield of Texas. (Chassman, Peter) |
| Filing 140 REPLY to Response to Motion re #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit A)(Dutko, Daniel) |
| Filing 139 REDACTION to #137 Sealed Response to Motion,,,, by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 15, #3 Exhibit 16, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19)(Doan, Jennifer) |
| Filing 138 MOTION to Compel Discovery by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 137 SEALED RESPONSE to Motion re #123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Exhibit 1 Anthem Rog Resp, #2 Exhibit 2 BCBSTX Rog Resp, #3 Exhibit 3 Aetna Rog Resp, #4 Exhibit 4 Cigna Rog Resp, #5 Exhibit 5 Kaiser Rog Resp, #6 Exhibit 6 United Rog Resp, #7 Exhibit 7 BCBSA Rog Resp, #8 Exhibit 8 IDSA Rog Resp, #9 Exhibit 9 Wormser Rog Resp, #10 Exhibit 10 Dattwyler Rog Resp, #11 Exhibit 11 Shapiro Rog Resp, #12 Exhibit 12 Halperin Rog Resp, #13 Exhibit 13 Sigal Rog Resp, #14 Exhibit 14 Steere Rog Resp, #15 Exhibit 15 Anthem Letter, #16 Exhibit 16 Aetna Letter, #17 Exhibit 17 Cigna Letter, #18 Exhibit 18 IDSA Letter, #19 Exhibit 19 Klecka Email, #20 Text of Proposed Order Proposed Order)(Chassman, Peter) |
| Filing 136 NOTICE of Attorney Appearance - Pro Hac Vice by Matthew James Piehl on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc.. Filing fee $ 100, receipt number 0540-6994693. (Piehl, Matthew) |
| Filing 135 DEMAND for Trial by Jury by United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Jones, Michael) |
| Filing 134 DEMAND for Trial by Jury by Anthem Inc. (Klinsport, Kimberly) |
| Filing 133 DEMAND for Trial by Jury by Kaiser Permanente, Inc.. (Law, Alan) |
| Filing 132 DEMAND for Trial by Jury by Blue Cross and Blue Shield Association. (Donnell, Sarah) |
| Filing 131 Defendant Kaiser Foundation Health Plan, Inc.'s (Improperly sued as Kaiser Permanente, Inc. ANSWER to #1 Complaint,, Plaintiff's Original Complaint by Kaiser Permanente, Inc..(Law, Alan) |
| Filing 130 Defendants Infectious Diseases Society of America's and Doctors' ANSWER to #1 Complaint,, by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser.(Low, Ronald) |
| Filing 129 ANSWER to #1 Complaint,, by Blue Cross and Blue Shield of Texas.(Sheridan, William) |
| Filing 128 ANSWER to #1 Complaint,, by United Healthcare Group Incorporated, United Healthcare Services, Inc..(Jones, Michael) |
| Filing 127 DEMAND for Trial by Jury by Aetna Inc.,. (Doan, Jennifer) |
| Filing 126 ANSWER to #1 Complaint,, by Aetna Inc.,.(Sheridan, Matthew) |
| Filing 125 ANSWER to #1 Complaint,, by Blue Cross and Blue Shield Association.(Donnell, Sarah) |
| Filing 124 ANSWER to #1 Complaint,, by Anthem Inc.(Klinsport, Kimberly) |
| Filing 123 Opposed MOTION for Extension of Time to Amend Replead RICO and Fraudulent Concealment Allegations by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order)(Dutko, Daniel) |
| Filing 122 ANSWER to #1 Complaint,, by Cigna Corporation.(Fee, R.) |
Filing 121
ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT DR. ROBERT B. NADELMAN re: #119 Notice of Dismissal With Prejudice as to Defendant DR. ROBERT B. NADELMAN, filed by Alarie Bowerman, Michael Fundenberger, Jane Powell, Brienna Reed, Christopher Valerio, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, Gail Meads, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Max Shindler, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Steven Ward, Chloe Lohmeyer, Adriana Monteiro Moreira. Signed by District Judge Robert W. Schroeder, III on 10/15/18. (lfs, )
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Filing 120
ORDER granting #117 Stipulation of Schedule for Conducting Jurisdictional Discovery, filed by Alarie Bowerman, Michael Fundenberger, Jane Powell, Brienna Reed, Christopher Valerio, Allison Lynn Caruana, Rosetta Fuller, Gayle Clarke, Gail Meads, Kristine Woodard, Jessica McKinnie, Lana Barnes, Lisa Torrey, Mike Peacher, Randy Sykes, Amy Hanneken, Max Shindler, Carol Fisch, Kathryn Kocurek, Tawnya Dawn Smith, Steven Ward, Chloe Lohmeyer, Adriana Monteiro Moreira. Signed by District Judge Robert W. Schroeder, III on 10/15/18. (lfs, )
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| Filing 119 NOTICE OF VOLUNTARY DISMISSAL AS TO ONLY DEFENDANT DR. ROBERT B. NADELMAN by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard (Dutko, Daniel) Modified on 10/12/2018 (lfs, ). (Additional attachment(s) added on 10/15/2018: #1 Text of Proposed Order) (lfs, ). |
Filing 118
ORDER granting #116 Motion for Extension of Deadline. It is ORDERED that Defendants have up to and including 10/22/2018 to answer or otherwise respond to Plaintiffs Original Complaint, to the extent any such response is required. Signed by District Judge Robert W. Schroeder, III on 10/11/2018. (slo, )
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| Filing 117 STIPULATION Schedule for Conducting Jurisdictional Discovery by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Text of Proposed Order Proposed Order)(Dutko, Daniel) |
| Filing 116 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint,, by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 115 NOTICE of Attorney Appearance by Matthew Gerald Sheridan on behalf of Aetna Inc., (Sheridan, Matthew) |
Filing 114
ORDER granting in part and denying in part #37 Motion to Dismiss; denying #38 Motion to Dismiss; granting in part and denying in part #40 Motion to Dismiss.. Signed by District Judge Robert W. Schroeder, III on 09/27/18. (lfs, )
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Filing 113
AGREED ORDER REGARDING E-DISCOVERY AND PRIVILEGE LOGGING. Signed by District Judge Robert W. Schroeder, III on 8/8/2018. (slo, )
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| Filing 112 Joint MOTION Entry of Agreed Order Regarding E-Discovery and Privilege Logging by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Jones, Michael) |
| Filing 111 NOTICE of Discovery Disclosure by United Healthcare Group Incorporated, United Healthcare Services, Inc. NOTICE OF COMPLIANCE REGARDING ADDITIONAL DISCLOSURES (Jones, Michael) |
| Filing 110 NOTICE by Anthem Inc of Service of Additional Disclosures (Klinsport, Kimberly) |
| Filing 109 NOTICE by Blue Cross and Blue Shield Association of Compliance Regarding Additional Disclosures (Donnell, Sarah) |
| Filing 108 NOTICE by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser Notice of Compliance (Low, Ronald) |
| Filing 107 NOTICE by Kaiser Permanente, Inc. Compliance serving Additional Disclosures (Law, Alan) |
| Filing 106 NOTICE of Discovery Disclosure by Cigna Corporation Notice of Compliance Regarding Additional Disclosures (Fee, R.) |
| Filing 105 NOTICE by Aetna Inc., Notice of Compliance (Doan, Jennifer) |
| Filing 104 NOTICE by Blue Cross and Blue Shield of Texas Notice of Compliance (Sheridan, William) |
| Filing 103 NOTICE of Discovery Disclosure by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard Additional Disclosures and Initial Production (Dutko, Daniel) |
Filing 102
AMENDED DOCKET CONTROL/SCHEDULING ORDER:, re: #101 Unopposed MOTION to Amend/Correct #82 Scheduling Order regarding designation of rebuttal expert witnesses filed by Infectious Diseases Society of America, Blue Cross and Blue Shield Association, Allen Steere, Raymond J. Dattwyler, Cigna Corporation, Leonard Sigal, Kaiser Permanente, Inc., Gary P. Wormser, Robert B. Nadelman, United Healthcare Group Incorporated, United Healthcare Services, Inc., Anthem Inc, John J. Halperin, Eugene Shapiro, Blue Cross and Blue Shield of Texas, Aetna Inc.,.. Signed by District Judge Robert W. Schroeder, III on 7/9/2018. (sm, )
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| Filing 101 Unopposed MOTION to Amend/Correct #82 Scheduling Order,,, Terminate Motions,, by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 100 NOTICE of Discovery Disclosure by United Healthcare Group Incorporated, United Healthcare Services, Inc. NOTICE OF COMPLIANCE REGARDING INITIAL DISCLOSURES (Jones, Michael) |
| Filing 99 NOTICE by Infectious Diseases Society of America Notice of Compliance by Defendants Infectious Diseases Society of America, Dr. Gary P. Wormser, Dr. Raymond J. Dattwyler, Dr. Eugene Shapiro, Dr. John J. Halperin, Dr. Leonard Sigal, Dr. Allen Steere, and Estate of Dr. Robert B. Nadelman (Low, Ronald) |
| Filing 98 NOTICE of Discovery Disclosure by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard Initial Disclosures (Dutko, Daniel) |
| Filing 97 NOTICE by Anthem Inc Notice of Compliance Regarding Initial Disclosures (Klinsport, Kimberly) |
| Filing 96 NOTICE by Blue Cross and Blue Shield of Texas Notice of Compliance (Sheridan, William) |
| Filing 95 NOTICE by Kaiser Permanente, Inc. Notice of Compliance Regarding Initial Disclosures (Law, Alan) |
| Filing 94 NOTICE by Blue Cross and Blue Shield Association Notice of Compliance (Donnell, Sarah) |
| Filing 93 NOTICE by Cigna Corporation Notice of Compliance Regarding Initial Disclosures (Axelrod, Crystal) |
| Filing 92 NOTICE by Aetna Inc., Notice of Compliance (Doan, Jennifer) |
| Filing 91 Joint NOTICE Regarding a Mediator by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser (Doan, Jennifer) |
| Filing 90 NOTICE by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser Defendants' Notice of Hearing Presentation Slides (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Doan, Jennifer) |
| Filing 89 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Motion Hearing held on 5/22/2018 re #38 MOTION to Dismiss Individual filed by Blue Cross and Blue Shield Association, #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants filed by United Healthcare Group Incorporated, United Healthcare Services, Inc., Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Kaiser Permanente, Inc., Aetna Inc.,, #40 MOTION to Dismiss filed by Infectious Diseases Society of America, Allen Steere, Raymond J. Dattwyler, Leonard Sigal, Gary P. Wormser, Robert B. Nadelman, Eugene Shapiro, John J. Halperin. (Court Reporter Karen Tyler) (Attachments: #1 Attorney Sign In Sheet) (bas) |
| Filing 88 SUR-REPLY to Reply to Response to Motion re #38 MOTION to Dismiss Individual filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Brief (Doc 1353-1) filed in MDL No. 2406 IN RE: Blue Cross Blue Shield Antitrust Litigation Master File 2:13-CV-20000, #2 Exhibit The Blue Cross and Blue Shield System's Commitment to Fighting Opiod Use Disorder)(Egdorf, Eugene) |
| Filing 87 SUR-REPLY to Reply to Response to Motion re #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Consent Order re: Hope Alison McIntyre, MD)(Egdorf, Eugene) |
| Filing 86 SUR-REPLY to Reply to Response to Motion re #40 MOTION to Dismiss filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit IDSA Guidelines)(Egdorf, Eugene) |
| Filing 85 ***DEFICIENT DOCUMENT, PLEASE IGNORE***SUR-REPLY to Reply to Response to Motion re #38 MOTION to Dismiss Individual filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio. (Attachments: #1 Exhibit, #2 Exhibit)(Egdorf, Eugene) Modified on 5/15/2018 (sm, ). |
| Filing 84 ***DEFICIENT DOCUMENT, PLEASE IGNORE***SUR-REPLY to Reply to Response to Motion re #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit)(Egdorf, Eugene) Modified on 5/15/2018 (sm, ). |
| Filing 83 ***DEFICIENT DOCUMENT, PLEASE IGNORE***SUR-REPLY to Reply to Response to Motion re #40 MOTION to Dismiss filed by Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit)(Egdorf, Eugene) Modified on 5/15/2018 (sm, ). |
| NOTICE of DEFICIENCY regarding the documents #83-#85, Sur- Replies, submitted by Plaintiff. Exhibits were not identified with specificity per local rules. Correction should be made by 1 business day and refiled. (sm, ) |
Filing 82
DOCKET CONTROL/SCHEDULING ORDER:( Pretrial Conference set for 6/4/2019 10:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Discovery due by 3/19/2019., Jury Selection set for 6/17/2019 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Jury Trial set for 6/24/2019 09:00 AM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III., Proposed Pretrial Order due by 5/14/2019.), Terminating #79 Joint MOTION for Entry of Disputed Docket Control Order and #68 Joint MOTION for Entry of Disputed Docket Control Order. Signed by District Judge Robert W. Schroeder, III on 4/11/2018. (sm, )
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Filing 81
AGREED DISCOVERY ORDER re #67 Motion for Discovery. Signed by District Judge Robert W. Schroeder, III on 5/11/2018. (sm, )
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Filing 80
PROTECTIVE ORDER. Signed by District Judge Robert W. Schroeder, III on 5/11/2018. (sm, )
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| Filing 79 Joint MOTION for Entry of Disputed Docket Control Order by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 78 NOTICE of Attorney Appearance - Pro Hac Vice by Benjamin F. Holt on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc.. Filing fee $ 100, receipt number 0540-6772374. (Holt, Benjamin) |
Filing 77
ORDER granting #73 Motion for Leave to File Excess Pages. Signed by District Judge Robert W. Schroeder, III on 5/2/2018. (sm, )
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| Filing 76 REPLY to Response to Motion re #40 MOTION to Dismiss filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) |
| Filing 75 REPLY to Response to Motion re #38 MOTION to Dismiss Individual filed by Blue Cross and Blue Shield Association. (Donnell, Sarah) |
| Filing 74 REPLY to Response to Motion re #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants filed by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Kaiser Permanente, Inc., United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Klinsport, Kimberly) |
| Filing 73 Unopposed MOTION for Leave to File Excess Pages for Defendants' Reply Briefs by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Klinsport, Kimberly) |
| Filing 72 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference Proceedings held 4/19/2018 before the Honorable Robert W. Schroeder III. Court Reporter: Shea Sloan, [email protected] NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.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.. Redaction Request due 5/22/2018. Redacted Transcript Deadline set for 6/1/2018. Release of Transcript Restriction set for 7/30/2018. (sms, ) |
| Filing 71 ***FILED IN ERROR, PLEASE IGNORE***RESPONSE in Support re #40 MOTION to Dismiss filed by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Low, Ronald) Modified on 5/1/2018 (sm, ). |
| Filing 70 Joint MOTION for Protective Order by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Exhibit A - Proposed Order)(Doan, Jennifer) |
Filing 69
ORDER Setting Hearing on Motions #38 MOTION to Dismiss, #40 MOTION to Dismiss , #37 Joint MOTION to Dismiss Plaintiffs' Complaint : Motion Hearing set for 5/22/2018 01:00 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.. Signed by District Judge Robert W. Schroeder, III on 5/1/2018. (sm, )
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| ***FILED IN ERROR, WRONG EVENT USED, ATTORNEY MUST REFILE. Document # 71, Response in support. PLEASE IGNORE.*** (sm, ) |
| Filing 68 Joint MOTION for Entry of Disputed Docket Control Order by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Lee, Lance) |
| Filing 67 Joint MOTION for Discovery Order by Lisa Torrey. (Attachments: #1 Text of Proposed Order)(Lee, Lance) |
| Filing 66 NOTICE of Attorney Appearance by James Brunsting Hartle on behalf of All Plaintiffs (Hartle, James) |
Filing 65
ORDER Denying as Moot #52 Motion for entry of disputed docket control order; #53 Motion to Amend/Correct; #54 Motion for entry of disputed docket control order and parties are ORDERED to resubmit, within seven (7) days from the date of this order, a joint proposed docket control and discovery order. Signed by District Judge Robert W. Schroeder, III on 4/23/2018. (sm, ) Modified on 4/23/2018 (sm, ).
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| Filing 64 PAPER TRANSCRIPT REQUEST by United Healthcare Group Incorporated, United Healthcare Services, Inc. for proceedings held on 04/19/18 (Scheduling Conference) before Judge Robert W. Schroeder III. (Boyce, Maria) |
Filing 63
ORDER granting #61 Motion for Extension of Time to File Reply re #38 MOTION to Dismiss Individual, #40 MOTION to Dismiss , #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants Replies due by 5/1/2018 and Sur-Replies up to and including May 15, 2018.. Signed by District Judge Robert W. Schroeder, III on 4/19/2018. (sm, )
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| Filing 62 Minute Entry for proceedings held before District Judge Robert W. Schroeder III: Scheduling Conference held on 4/19/2018. (Court Reporter Shea Sloan) (Attachments: #1 Attorney Sign In Sheet) (bas) |
| Filing 61 Joint MOTION for Extension of Time to File Response/Reply by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order)(Doan, Jennifer) |
| Filing 60 RESPONSE in Opposition re #37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants Plaintiff's Response to Insurance Defendants' Motion to Dismiss Plaintiff's Complaint filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Text of Proposed Order Proposed Order)(Egdorf, Eugene) |
| Filing 59 RESPONSE in Opposition re #40 MOTION to Dismiss Plaintiff's Complaint filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed Order)(Egdorf, Eugene) |
| Filing 58 RESPONSE in Opposition re #53 MOTION to Amend/Correct Defendants' Motion to Amend Docket Control Order Plaintiff's Response to Defendants' Motion to Amend Docket Control Order filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Text of Proposed Order Proposed Order)(Egdorf, Eugene) |
| Filing 57 RESPONSE in Opposition re #38 MOTION to Dismiss Individual Motion to Dimiss Plaintiff's Complaint filed by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Text of Proposed Order Proposed Order)(Egdorf, Eugene) |
| Filing 56 NOTICE of Attorney Appearance by Maria Wyckoff Boyce on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc. (Boyce, Maria) |
Filing 55
ORDER that Plaintiff's are to respond to #53 Defendant's MOTION to Amend Docket Control Order no later than 3:00 pm on April 17, 2018. The scheduling conference remains scheduled on April 19, 2018. Signed by District Judge Robert W. Schroeder, III on 4/12/2018. (sm, )
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| Filing 54 Joint MOTION for Entry of Disputed Discovery Order by Plaintiffs and Defendants by Anthem Inc. (Attachments: #1 Text of Proposed Order Joint Disputed Proposed Discovery Order)(Klinsport, Kimberly) |
| Filing 53 MOTION to Amend/Correct Defendants' Motion to Amend Docket Control Order by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser. (Attachments: #1 Text of Proposed Order Defendants' Proposed Amended Docket Control Order)(Klinsport, Kimberly) |
| Filing 52 Joint MOTION for Entry of Disputed Docket Control Order by Plaintiffs and Defendants by Anthem Inc. (Attachments: #1 Text of Proposed Order Joint Disputed Proposed Docket Control Order)(Klinsport, Kimberly) |
| Filing 51 NOTICE of Attorney Appearance by Earl Glenn Thames, Jr on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc. (Thames, Earl) |
| Filing 50 NOTICE of Attorney Appearance by Jeffrey Randall Roeser on behalf of Aetna Inc., (Roeser, Jeffrey) |
| Filing 49 NOTICE of Attorney Appearance by Jennifer Haltom Doan on behalf of Aetna Inc., (Doan, Jennifer) |
| Filing 48 NOTICE of Attorney Appearance - Pro Hac Vice by Alvin Dunn on behalf of Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. Filing fee $ 100, receipt number 0540-6724439. (Dunn, Alvin) |
| Filing 47 NOTICE of Attorney Appearance - Pro Hac Vice by Alan F. Law on behalf of Kaiser Permanente, Inc.. Filing fee $ 100, receipt number 0540-6710869. (Law, Alan) |
Filing 46
ORDER Setting a Scheduling Conference, ( Scheduling Conference set for 4/19/2018 01:45 PM in Ctrm 319 (Texarkana) before District Judge Robert W. Schroeder III.). Signed by District Judge Robert W. Schroeder, III on 3/22/2018. (sm, )
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| Filing 45 NOTICE of Attorney Appearance by Daniel Raymond Dutko on behalf of All Plaintiffs (Dutko, Daniel) |
| Filing 44 NOTICE of Attorney Appearance by Ryan Kees Higgins on behalf of All Plaintiffs (Higgins, Ryan) |
| Filing 43 NOTICE of Readiness for Scheduling Conference by Lana Barnes, Alarie Bowerman, Allison Lynn Caruana, Gayle Clarke, Carol Fisch, Rosetta Fuller, Michael Fundenberger, Amy Hanneken, Kathryn Kocurek, Chloe Lohmeyer, Jessica McKinnie, Gail Meads, Adriana Monteiro Moreira, Mike Peacher, Jane Powell, Brienna Reed, Max Shindler, Tawnya Dawn Smith, Randy Sykes, Lisa Torrey, Christopher Valerio, Steven Ward, Kristine Woodard (Lee, Lance) |
| Filing 42 CORPORATE DISCLOSURE STATEMENT filed by United Healthcare Group Incorporated, United Healthcare Services, Inc. (Boyce, Maria) |
| Filing 41 CORPORATE DISCLOSURE STATEMENT filed by Infectious Diseases Society of America (Low, Ronald) |
| Filing 40 MOTION to Dismiss by Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Robert B. Nadelman, Eugene Shapiro, Leonard Sigal, Allen Steere, Gary P. Wormser. (Attachments: #1 Exhibit A - Declaration of Christopher D. Busky, #2 Exhibit B - Declaration of Gary P. Wormser, M.D., #3 Exhibit C - Declaration of Raymond J. Dattwyler, M.D., #4 Exhibit D - Declaration of Eugene Shapiro, M.D., #5 Exhibit E - Declaration of John J. Halperin, M.D., #6 Exhibit F - Declaration of Robert B. Nadelman, M.D., #7 Exhibit G - Declaration of Leonard Sigal, M.D., #8 Exhibit H - Declaration of Allen C. Steere, M.D., #9 Exhibit I - Press Release, #10 Exhibit J - Final Report of Review Panel, #11 Text of Proposed Order)(Low, Ronald) |
| Filing 39 ***DEFICIENT DOCUMENT, ATTORNEY WILL RE-FILE, PLEASE IGNORE***CORPORATE DISCLOSURE STATEMENT filed by Infectious Diseases Society of America (Low, Ronald) Modified on 2/16/2018 (lfs, ). |
| Filing 38 MOTION to Dismiss Individual by Blue Cross and Blue Shield Association. (Attachments: #1 Exhibit Proposed Order)(Donnell, Sarah) |
| Filing 37 Joint MOTION to Dismiss Plaintiffs' Complaint by Insurance Defendants by Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Kaiser Permanente, Inc., United Healthcare Group Incorporated, United Healthcare Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Klinsport, Kimberly) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT filed by Aetna Inc., (Austin, Earl) |
| NOTICE of Deficiency regarding the 39 submitted by Casey Low. No Certificate of Service. Correction should be made by 1 business day. (lfs, ) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT filed by Kaiser Permanente, Inc. identifying Corporate Parent Kaiser Permanente, Inc. for Kaiser Permanente, Inc.. (Davis, Derek) |
| Filing 34 NOTICE of Attorney Appearance by Michael E Jones on behalf of United Healthcare Group Incorporated, United Healthcare Services, Inc. (Jones, Michael) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT filed by Blue Cross and Blue Shield Association (Donnell, Sarah) |
| Filing 32 CORPORATE DISCLOSURE STATEMENT filed by Anthem Inc (Hetherington, Thomas) |
| Filing 31 CORPORATE DISCLOSURE STATEMENT filed by Cigna Corporation (Fee, R.) |
| Filing 30 CORPORATE DISCLOSURE STATEMENT filed by Blue Cross and Blue Shield of Texas (Chassman, Peter) |
| Filing 29 NOTICE of Attorney Appearance by John Benjamin Lawrence on behalf of Aetna Inc., (Lawrence, John) |
| Filing 28 NOTICE of Attorney Appearance by Earl B Austin on behalf of Aetna Inc., (Austin, Earl) |
| Filing 27 NOTICE of Attorney Appearance by Kimberly Ann Klinsport on behalf of Anthem Inc (Klinsport, Kimberly) |
| Filing 26 NOTICE of Attorney Appearance by Eileen Regina Ridley on behalf of Anthem Inc (Ridley, Eileen) |
| Filing 25 NOTICE of Attorney Appearance by Michael James Tuteur on behalf of Anthem Inc (Tuteur, Michael) |
Filing 24
ORDER granting #23 Motion for Extension of Time to File Responses to Complaint to February 16, 2018; granting #23 Motion for Leave to File Excess Pages and submit two omnibus responsive briefs of no more than 40 pages in length. Signed by District Judge Robert W. Schroeder, III on 1/8/2018. (sm, )
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| Filing 23 Joint MOTION for Extension of Time to File Responsive Briefing on Plaintiffs' Original Complaint to Coordinate Defendants' Response Deadlines, Joint MOTION for Leave to File Excess Pages for Consolidated Briefing by Defendants by Anthem Inc. (Attachments: #1 Proposed Order)(Hetherington, Thomas) |
| Filing 22 NOTICE of Attorney Appearance by Thomas Hetherington on behalf of Anthem Inc (Hetherington, Thomas) |
| Filing 21 Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Blue Cross and Blue Shield of Texas.( Chassman, Peter) |
| Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Blue Cross and Blue Shield of Texas to 1/22/2018. 14 Days Granted for Deadline Extension.( sm, ) |
| Filing 20 NOTICE of Designation of Attorney in Charge to R. Brendan Fee on behalf of Cigna Corporation (Fee, R.) |
| Filing 19 NOTICE of Attorney Appearance - Pro Hac Vice by Amy M. Dudash on behalf of Cigna Corporation. Filing fee $ 100, receipt number 0540-6582924. (Dudash, Amy) |
| Filing 18 NOTICE of Attorney Appearance - Pro Hac Vice by R. Brendan Fee on behalf of Cigna Corporation. Filing fee $ 100, receipt number 0540-6582578. (Fee, R.) |
| Filing 17 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re United Healthcare Group Incorporated.(Thompson, Blayne) |
| Filing 16 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re United Healthcare Services, Inc.(Thompson, Blayne) |
| Filing 15 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Kaiser Permanente, Inc..( Davis, Derek) |
| Filing 14 NOTICE of Attorney Appearance by Derek Shane Davis on behalf of Kaiser Permanente, Inc. (Davis, Derek) |
| Filing 13 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Cigna Corporation.( Axelrod, Crystal) |
| Filing 12 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Blue Cross and Blue Shield Association.( Donnell, Sarah) |
| Filing 11 NOTICE of Attorney Appearance - Pro Hac Vice by Sarah J. Donnell on behalf of Blue Cross and Blue Shield Association. Filing fee $ 100, receipt number 0540-6581431. (Donnell, Sarah) |
| Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Daniel E. Laytin on behalf of Blue Cross and Blue Shield Association. Filing fee $ 100, receipt number 0540-6581423. (Laytin, Daniel) |
| Filing 9 NOTICE of Attorney Appearance by Crystal Rose Axelrod on behalf of Cigna Corporation (Axelrod, Crystal) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Blue Cross and Blue Shield Association to 1/10/2018. 30 Days Granted for Deadline Extension.( sm, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Cigna Corporation to 1/10/2017. 30 Days Granted for Deadline Extension.( sm, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for United Healthcare Group Incorporated to 1/11/2018; United Healthcare Services, Inc. to 1/11/2018. 30 Days Granted for Deadline Extension.( sm, ) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Kaiser Permanente, Inc. to 1/10/2018. 30 Days Granted for Deadline Extension.( sm, ) |
| Filing 8 NOTICE of Attorney Appearance - Pro Hac Vice by William Sheridan on behalf of Blue Cross and Blue Shield of Texas. Filing fee $ 100, receipt number 0540-6574586. (Sheridan, William) |
| Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Debra H. Dermody on behalf of Blue Cross and Blue Shield of Texas. Filing fee $ 100, receipt number 0540-6574570. (Dermody, Debra) |
| Filing 6 NOTICE of Attorney Appearance by Lance Lee on behalf of All Plaintiffs (Lee, Lance) |
| Filing 5 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Blue Cross and Blue Shield of Texas.(Chassman, Peter) |
| Filing 4 NOTICE of Attorney Appearance by Peter John Chassman on behalf of Blue Cross and Blue Shield of Texas (Chassman, Peter) |
| Filing 3 NOTICE of Attorney Appearance by Martin James Bishop on behalf of Blue Cross and Blue Shield of Texas (Bishop, Martin) |
| Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Blue Cross and Blue Shield of Texas to 1/8/2018. 30 Days Granted for Deadline Extension.( sm, ) |
| Filing 2 SUMMONS Issued as to Aetna Inc.,, Anthem Inc, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Texas, Cigna Corporation, Raymond J. Dattwyler, John J. Halperin, Infectious Diseases Society of America, Kaiser Permanente, Inc., Robert B. Nadelman, Leonard Sigal, Allen Steere, United Healthcare Group Incorporated, United Healthcare Services, Inc., Gary P. Wormser and given to plaintiff attorney for service. (Attachments: #1 Summons.Dr.Nadelman, #2 Summons.Dr.Shapiro, #3 Summons.Dr.Sigal, #4 Summons.Dr.Steere, #5 Summons.InfectiousDiseasesSociety, #6 Summons.KaiserPermanente, #7 Summons.USHealthcareGroupInc., #8 Summons.UnitedHealthcareServices, #9 Summons.Dr.Wormser, #10 Summons.AetnaInc., #11 Summons.AnthemInc., #12 Summons.BlueCrossBlueShieldofTexas, #13 Summons.BlueCrossBlueShieldAssoc, #14 Summons.CignaCorp, #15 Summons.Dr.Dattwyler)(sm, ) |
| Case Assigned to District Judge Robert W. Schroeder, III. (sm, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (sm, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6548225.), filed by Michael Fundenberger, Gayle Clarke, Jane Powell, Brienna Reed, Lisa Torrey, Kathryn Kocurek, Kristine Woodard, Rosetta Fuller, Randy Sykes, Adriana Monteiro Moreira, Amy Hanneken, Steven Ward, Gail Meads, Chloe Lohmeyer, Carol Fisch, Christopher Valerio, Jessica McKinnie, Alarie Bowerman, Max Shindler, Mike Peacher, Allison Lynn Caruana, Tawnya Dawn Smith, Lana Barnes. (Attachments: #1 Civil Cover Sheet)(Egdorf, Eugene) (Attachment 1 replaced on 1/5/2018) (sm, ). |
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