Federal Trade Commission v. HCA Healthcare et al
| Federal Trade Commission |
| HCA Healthcare, Steward Health Care Systems and Ralph De La Torre |
| 2:2022cv00375 |
| June 3, 2022 |
| US District Court for the District of Utah |
| Tena Campbell |
| Anti-Trust |
| 15 U.S.C. § 0053 Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 38 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 13, 2022, before Judge Tena Campbell. Court Reporter/Transcriber Laura W. Robinson, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 7/7/2022. Redacted Transcript Deadline set for 7/28/2022. Release of Transcript Restriction set for 9/14/2022 (alt) |
| Civil Case Terminated per #36 Stipulation of Dismissal - CASE CLOSED (alt) |
Filing 37
DOCKET TEXT ORDER: The court has reviewed Defendant HCA Healthcare's Motion #26 to Permanently Seal the Complaint. The Motion requests an order sealing a narrowly tailored and limited amount of confidential information. For good cause shown and for the reasons stated in the Motion, the Motion is GRANTED. The Complaint #4 , which was temporarily sealed, is now permanently sealed. The redacted Complaint #2 will remain on the docket for the public to see. Signed by Judge Tena Campbell on 06/16/2022. No attached document. (aer)
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| Filing 36 STIPULATION of Dismissal by Federal Trade Commission. (Weingarten, James) |
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Filing 35
AMENDED DOCKET TEXT ORDER The court sets the following schedule for briefs addressing modification of the existing protective order: Defendants are to file their motion for modification by Friday, June 17, 2022. The FTC and interested third parties, including Regence Blue Cross Blue Shield and Cigna, must file a response no later than Friday, July 1, 2022. Defendants are to file a reply by Friday, July 8, 2022. No attached document. Signed by Judge Tena Campbell on 06/15/2022. (aer)
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| Filing 34 NOTICE of Appearance by Eric J. Olson on behalf of Federal Trade Commission (Olson, Eric) |
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Filing 33
DOCKET TEXT ORDER: Consistent with discussions during the court's June 13, 2022 status conference, the court sets the following schedule for briefs addressing modification of the existing protective order: Defendants are to file their motion for modification by Friday, June 17, 2022. The FTC and interested third parties Regence Blue Cross Blue Shield and Cigna must file a response no later than July 1, 2022. Defendants may file a reply no later than July 11, 2022. No attached document. Signed by Judge Tena Campbell on 06/14/2022. (aer)
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| Filing 32 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 6/13/2022 via Zoom. Numerous people attended the hearing. The following attorneys spoke for the parties: James Weingarten spoke on behalf of Plaintiff Federal Trade Commission (FTC); Abram Ellis spoke on behalf of Defendant HCA Healthcare, Inc.; Ethan Glass spoke on behalf of Defendants Steward Health Care System LLC and Dr. Ralph de la Torre; Non-parties Regence Blue Cross Blue Shield and Cigna also appeared via counsel. The parties discussed the procedures to be followed to resolve the FTC request for a preliminary injunction. A six-day evidentiary hearing will begin the week of September 19, 2022. In preparation, the parties will engage in accelerated discovery and briefing. The parties agree to begin discovery immediately and are to submit a proposed scheduling order by Friday, June 17, 2022. Regarding the temporary sealing of confidential information in the complaint, HCA Healthcare has filed a motion to permanently seal that information. The FTC takes no position on the motion. Steward Health Care and Dr. de la Torre will not be filing a motion to permanently seal. Accordingly, the court takes the motion #26 under advisement. The parties also discussed disagreements about the scope of the current protective order. Interested third-parties Regence Blue Cross Blue Shield and Cigna wish to weigh in on the issue. The court sets the following briefing schedule: the FTC must file its brief by June 17, 2022. The response of Defendants and the two interested third-parties is due July 1, 2022. The FTC must reply no later than July 11, 2022. (No written order to follow.) Court Reporter: Laura Robinson.(aer) |
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Filing 31
DOCKET TEXT ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Miriam Carroll Silvestri for Ralph De La Torre, Steward Health Care Systems.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/10/22 (docket text only - no attached document) (alt)
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Filing 30
DOCKET TEXT ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Karen Kazmerzak for Ralph De La Torre, Steward Health Care Systems.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/10/22 (docket text only - no attached document) (alt)
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Filing 29
DOCKET TEXT ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney David Burns for Ralph De La Torre, Steward Health Care Systems.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/10/22 (docket text only - no attached document) (alt)
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Filing 28
DOCKET TEXT ORDER granting #21 Motion for Admission Pro Hac Vice of Attorney Ethan Glass for Ralph De La Torre, Steward Health Care Systems.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/10/22 (docket text only - no attached document) (alt)
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| Filing 27 NOTICE OF FILING of Joint Proposed Agenda For June 13, 2022 Status Conference filed by Defendant HCA Healthcare. (Razi, Sara) |
| Filing 26 MOTION to Seal Document #2 Complaint, and Memorandum in Support filed by Defendant HCA Healthcare. (Benard, Blaine) |
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Filing 25
DOCKET TEXT ORDER: The unredacted complaint, currently filed under seal, will remain under seal until June 17, 2022, unless the court extends the deadline in a subsequent order. No attached document. Signed by Judge Tena Campbell on June 10, 2022. (aer)
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| Filing 24 MOTION for Admission Pro Hac Vice of Miriam Carroll Silvestri , Registration fee $ 250, receipt number AUTDC-4358732,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Ralph De La Torre, Steward Health Care Systems. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Jordan, David) |
| Filing 23 MOTION for Admission Pro Hac Vice of David Burns , Registration fee $ 250, receipt number AUTDC-4358720,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Ralph De La Torre, Steward Health Care Systems. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Jordan, David) |
| Filing 22 MOTION for Admission Pro Hac Vice of Karen Kazmerzak , Registration fee $ 250, receipt number AUTDC-4358717,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Ralph De La Torre, Steward Health Care Systems. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Jordan, David) |
| Filing 21 MOTION for Admission Pro Hac Vice of Ethan Glass , Registration fee $ 250, receipt number AUTDC-4358699,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Ralph De La Torre, Steward Health Care Systems. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Jordan, David) |
| Filing 20 NOTICE of Appearance by David J. Jordan on behalf of Ralph De La Torre, Steward Health Care Systems (Jordan, David) |
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Filing 19
NOTICE OF ZOOM HEARING: (Notice generated by Chris Ford) Status Conference set for 6/13/2022 at 10:30 AM (Utah time) in Judges Chambers before Judge Tena Campbell. Join ZoomGov Meetinghttps://www.zoomgov.com/j/1612557851?pwd=SC9hN0xnTFZWSlVYMHlYelFzVnpFQT09Meeting ID: 161 255 7851Passcode: 707193 One tap mobile +16692545252,,1612557851# US (San Jose)+16468287666,,1612557851# US (New York)Dial by your location |
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Filing 18
ORDER granting #3 Motion for Leave to File #4 Sealed Document. Sealed status is temporary/conditional. Signed by Judge Tena Campbell on 6/6/22 (alt)
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Filing 17
DOCKET TEXT ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Abram J. Ellis for HCA Healthcare.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/6/22 (docket text only - no attached document) (alt)
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Filing 16
DOCKET TEXT ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Sara Y. Razi for HCA Healthcare.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/6/22 (docket text only - no attached document) (alt)
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Filing 15
DOCKET TEXT ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney John Goheen for HCA Healthcare.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. So ordered by Judge Tena Campbell on 6/6/22 (docket text only - no attached document) (alt)
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| Filing 14 WAIVER OF SERVICE Returned Executed filed by Federal Trade Commission as to Ralph De La Torre Waiver sent on 6/6/2022, answer due 8/5/2022. (Weingarten, James) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Federal Trade Commission as to Steward Health Care Systems Waiver sent on 6/6/2022, answer due 8/5/2022. (Weingarten, James) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Federal Trade Commission as to HCA Healthcare Waiver sent on 6/6/2022, answer due 8/5/2022. (Weingarten, James) |
| Filing 11 NOTICE of Appearance by Cory A. Talbot on behalf of HCA Healthcare (Talbot, Cory) |
| Filing 10 MOTION for Admission Pro Hac Vice of Abram J. Ellis , Registration fee $ 250, receipt number AUTDC-4353607,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant HCA Healthcare. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Text of Proposed Order)(Benard, Blaine) |
| Filing 9 MOTION for Admission Pro Hac Vice of Sara Y. Razi , Registration fee $ 250, receipt number AUTDC-4353593,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant HCA Healthcare. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Text of Proposed Order)(Benard, Blaine) |
| Filing 8 MOTION for Admission Pro Hac Vice of John Goheen , Registration fee $ 250, receipt number AUTDC-4353564,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant HCA Healthcare. (Attachments: #1 Exhibit A - Application for Admission Pro Hac Vice, #2 Text of Proposed Order)(Benard, Blaine) |
| Filing 7 NOTICE of Appearance by Blaine J. Benard on behalf of HCA Healthcare (Benard, Blaine) |
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Filing 6
TEMPORARY RESTRAINING ORDER: Defendants HCA Healthcare and Steward Health Care Systems shall not consummate the Proposed Transaction until after 11:59 p.m. Eastern Time on the tenth business day after this Court rules on Plaintiffs request for a preliminary injunction or until after a date set by thisCourt, whichever is later. Signed by Judge Tena Campbell on 6/6/22 (alt)
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| Filing 5 MOTION for Temporary Restraining Order filed by Plaintiff Federal Trade Commission. (Attachments: #1 Affidavit of Guia Dixon, #2 Exhibit, #3 Text of Proposed Order)(Weingarten, James) |
| Filing 4 **SEALED DOCUMENT** re #2 Complaint, #3 MOTION for Leave to File Sealed Document re #2 Complaint, for Preliminary Injunction filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Weingarten, James) |
| Filing 3 MOTION for Leave to File Sealed Document re #2 Complaint, for Preliminary Injunction filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order)(Weingarten, James) |
| Filing 2 COMPLAINT for Preliminary Injuction - REDACTED against Ralph De La Torre, HCA Healthcare, Steward Health Care Systems No Filing Fee filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet and Attachment) Assigned to Judge Tena Campbell (Weingarten, James) |
| Filing 1 Case has been indexed and assigned to Judge Tena Campbell. Plaintiff Federal Trade Commission is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) |
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