Court filing
Docket 2:13-cv-20000 — Doc 2947-0
Filed September 9, 2022 in Discovery Alnd 146429 In re Blue Cross Blue Shield Antitrust Litigation, the only filing from this case in the archive.
Record facts
| Court | U.S. District Court for the Northern District of Alabama |
|---|---|
| Filed | 2022-09-09 |
U.S. District Court for the Northern District of Alabama · No. 2:13-cv-20000-RDP · Doc. 2947 · 2022-09-09 · Docket on CourtListener
Full text
APPEAL,LEAD,MDL 2406,PROTECTIVE ORDER
U.S. District Court
Northern District of Alabama (Southern)
CIVIL DOCKET FOR CASE #: 2:13−cv−20000−RDP
Internal Use Only
In Re Blue Cross Blue Shield Antitrust Litigation MDL 2406
Assigned to: Judge R David Proctor
Case in other court: MDL 2406
Cause: 28:1331 Fed. Question
Date Filed: 01/08/2013
Jury Demand: Both
Nature of Suit: 890 Other Statutory
Actions
Jurisdiction: Federal Question
In Re
Blue Cross Blue Shield Antitrust
Litigation MDL 2406
represented by Lauren R Kennedy
CRAVATH SWAINE & MOORE LLP
825 8th Avenue
New York, NY 10019
212−474−1000
Fax: 212−474−3700
Email: lkennedy@cravath.com
ATTORNEY TO BE NOTICED
M Patrick McDowell
BRUNINI GRANTHAM GROWER &
HEWES PLLC
Fifth Third Center, Ste. 20000
424 Church Street
Nashville, TN
615−651−7447
Email: pmcdowell@brunini.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Terri Olive Tompkins
ROSEN HARDWOOD
2200 Jack Warner Parkway, Suite 200
Tuscaloosa, AL 35401
205−344−5000
Fax: 205−758−8358
Email: ttompkins@rosenharwood.com
ATTORNEY TO BE NOTICED
Winnifred Lewis
CRAVATH SWAINE & MOORE LLP
825 Eighth Avenue
New York, NY 10019
212−474−1000
Email: wlewis@cravath.com
TERMINATED: 07/11/2019
ATTORNEY TO BE NOTICED
1
FILED
2022 Sep−09 PM 02:20
U.S. DISTRICT COURT
N.D. OF ALABAMA
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 1 of 509
Special Master
Special Master
represented by Edgar C Gentle , III
Gentle Turner Sexton & Harbison
501 Riverchase Parkway East, Suite 100
Hoover, AL 35244
United Sta
205−716−3000
Fax: 205−716−3010
Email: egentle@gtandslaw.com
ATTORNEY TO BE NOTICED
Plaintiff
Plaintiffs' Counsel
represented by Alan McQuarrie Mansfield
WHATLEY KALLAS, LLP
16870 W. Bernardo Dr.
Suite 400
San Diego, CA 92127
858−674−6641
Fax: 855−274−1888
Email: amansfield@whatleykallas.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Alicia L Shelton
DOJ−USAO
36 S. Charles Street
Fourth Floor
Baltimore, MD 21201
410−209−4836
Email: alicia.shelton2@usdoj.gov
TERMINATED: 05/11/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anjori Mitra
Calcaterra Pollack LLP
1140 Avenue of the Americas
9th Floor
New York, NY 10036
917−340−7166
Email: amitra@calcaterrapollack.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David S Stone
STONE & MAGNANINI LLP
100 Connell Drive, Suite 2200
Berkeley Heights, NJ 07922
973−218−1111
Fax: 973−218−1106
Email: Dstone@stonemagnalaw.com
2
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LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Davis Cooper
COOPER & KIRK PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
202−220−9600
Fax: 202−220−9601
Email: pdcooper@cooperkirk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Harold S Reeves
COOPER & KIRK PLLC
1523 New Hampshire Avenue, N.W
Washington, DC 20036
202−220−9600
Fax: 202−220−9601
Email: hreeves@cooperkirk.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Helen Lynne Eckinger
Waller Lansden Dortch & Davis LLP
1901 6th Avenue North
Birmingham, AL 35203
205−226−5708
Fax: 205−214−7342
Email: helen.eckinger@wallerlaw.com
LEAD ATTORNEY
Howard C Nielson , Jr
COOPER & KIRK PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
202−220−9600
Fax: 202−220−9601
Email: hnielson@cooperkirk.com
TERMINATED: 05/29/2019
LEAD ATTORNEY
Irving Scher
HAUSFELD LLP
33 Whitehall Street
14th Floor
New York, NY 10004
646−357−1100
Fax: 212−202−4322
Email: ischer@hausfeld.com
LEAD ATTORNEY
3
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PRO HAC VICE
ATTORNEY TO BE NOTICED
Joseph H Webster
CHAPMAN LEWIS & SWAN PLLC
501 First Street
Clarksdale, MS 38614
662−627−4105
Fax: 662−621−2538
Email: harland@chapman−lewis−swan.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kara Marie Simons
WANDRO & ASSOCIATES, P.C.
2501 GRAND AVE
SUITE B
DES MOINES, IA 50312
515−281−1475
Fax: 515−281−1474
Email: ksimons@2501grand.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Kimberly Ann Fetsick
HAUSFELD LLP
33 Whitehall Street, Floor 14
New York, NY 10004
646−357−1100
Email: kfetsick@hausfeld.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Megan Jones
HAUSFELD LLP
1700 K Street, Nw
Washington, DC 20006
415−744−1951
Fax: 415−358−4980
Email: mjones@hausfeldllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Michael Kirk
COOPER & KIRK, PLLC
1523 New Hampshire Avenue, NW
Washington, DC 20036
202−220−9600
Fax: 202−220−9601
Email: mkirk@cooperkirk.com
LEAD ATTORNEY
4
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PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael L Murphy
BAILEY AND GLASSER, LLP
1055 Thomas Jefferson Street, NW
Washington, DC 20007
202−463−2101
Fax: 202−463−2103
Email: mmurphy@baileyglasser.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Patricia Melville
BOIES SCHILLER FLEXNER, LLP
100 SE 2nd Street − Suite 2800
Miami, FL 33131
305−539−8400
Fax: 305−539−1307
Email: pmelville@bsfllp.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Regina Marie Calcaterra
Calcaterra Pollack LLP
1140 Avenue of the Americas
9th Floor
New York, NY 10036−5803
212−899−1766
Email: rcalcaterra@calcaterrapollack.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Richard A Feinstein
BOIES SCHILLER & FLEXNER LLP
5301 Wisconsin Ave., NW
Washington, DC 20015
202−237−2727
Fax: 202−237−6131
Email: RFeinstein@BSFLLP.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sallie E Gilbert
BAILEY & GLASSER LLP
1055 Thomas Jefferson NW, Suite 540
Washington, DC 20007
202−463−2101
Fax: 202−463−2103
Email: sgilbert@baileyglasser.com
5
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TERMINATED: 09/27/2019
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Stephen B Murray , Jr
MURRAY LAW FIRM
650 Poydras Street
Suite 2150
New Orleans, LA 70130
1−504−525−8100
Fax: 504−584−5249
Email: smurrayjr@murray−lawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stephen Neal Zack
BOIES SCHILLER FLEXNER, LLP
100 SE 2nd Street − Suite 2800
Miami, FL 33131
305−357−8452
Fax: 305−539−8400
Email: Szack@BSFLLP.com
TERMINATED: 07/22/2021
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Steven P Wandro
WANDRO & ASSOCIATES, P.C.
2501 GRAND AVE
SUITE B
DES MOINES, IA 50312
515 281 1475
Fax: 515 281 1474
Email: swandro@2501grand.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
W Gregory Wright
SHARP LAW, LLP
4820 W. 75th Street
Prairie Village, KS 66208
913−901−0505
Email: gwright@midwest−law.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
William Butterfield
Hausfeld LLP
1700 K Street, Nw
6
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Washington, DC 20006
202−540−7143
Fax: 202−540−7201
Email: wbutterfield@hausfeldllp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Aaron S Podhurst
PODHURST ORSECK PA
25 West Flagler Street, Suite 800
Miami, Fl 33129
305−358−2800
Fax: 305−358−2382
Email: apodhurst@podhurst.com
ATTORNEY TO BE NOTICED
Adam W Pittman
CORY WATSON ATTORNEYS PC
2131 Magnolia Avenue South, Ste. 200
Birmingham, AL 35205
205−328−7000
Fax: 205−324−7896
Email: apittman@corywatson.com
TERMINATED: 02/01/2013
Alexander McInnis Boies
BOIES SCHILLER FLEXNER
575 Lexington Avenue
7th Floor
New York, NY 10022
212−446−2300
Email: aboies@bsfllp.com
ATTORNEY TO BE NOTICED
Ami Swank
Ami Swank Law Firm
811 Timberdell Road
Norman, OK 73072
405−361−2797
Fax: 405−236−5303
Email: ami@swank.net
ATTORNEY TO BE NOTICED
Amy Pepke
BUTLER SNOW O'MARA STEVENS &
CANNADA PLLC
6075 Poplar Ave, Ste 500
Memphis, TN 38119
901−680−7324
Fax: 901−680−7201
TERMINATED: 11/08/2013
7
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Andrea Layne Stackhouse
Jones Ward PLC
312 S. Fourth Street, 6th Floor
Louisville, KY 40202
502−882−6000
Fax: 502−587−2007
Email: layne@jonesward.com
ATTORNEY TO BE NOTICED
Andrew C Allen
LAW OFFICES OF ANDREW C.
ALLEN, LLC
2910 Linden Avenue, Suite 200−B
Homewood, AL 35209
205−747−1903
Fax: 205−847−5400
Email: aallen@acallenlaw.com
TERMINATED: 05/22/2014
Andrew England Brashier
105 Crenshaw Court
Prattville, AL 36067
334−300−2264
Email: Andrew.Brashier@beasleyallen.com
TERMINATED: 03/18/2019
ATTORNEY TO BE NOTICED
Andrew J Kochanowski
SOMMERS SCHWARTZ PC
One Towne Square, Suite 1700
Southfield, MI 48076
248−355−0300
Fax: 248−746−4001
Email: akochanowski@sommerspc.com
TERMINATED: 04/08/2015
Andrew Allen Lemmon
Lemmon Law Firm
15058 River Rd.
P.O. Box 904
Hahnville, LA 70057
985−783−6789
Fax: 985.783.1333
Email: andrew@lemmonlawfirm.com
ATTORNEY TO BE NOTICED
Andrew M Stone
STONE LAW FIRM LLC
437 Grant Street, Suite 1806
Pittsburgh, PA 15219
412−391−2005
Fax: 412−391−0853
8
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Email: astone@stone−law−firm.com
ATTORNEY TO BE NOTICED
Anna Louise Hart
HART LAW LLC
400 Vestavia Parkway
Suite 100
Vestavia, AL 35216
205−276−1286
Email: ahart@hartlawllc.com
TERMINATED: 03/12/2015
Annesley H DeGaris
Two North Twentieth, Ste. 1030
Suite 1030
Birmingham, AL 35203
205−558−9000
Fax: 205−588−5231
Email: adegaris@degarislaw.com
ATTORNEY TO BE NOTICED
Anthony F. Jackson
BECK & AMSDEN
1946 Stadium Drive
Suite 1
Bozeman, MT 59715
406−586−8700
Fax: 406−586−8960
Email: Anthony@becklawyers.com
ATTORNEY TO BE NOTICED
Anu M Brady
MCCALLUM METHVIN & TERRELL
PC
The Highland Bldg
2201 Arlington Ave South
Birmingham, AL 35216
205−939−0199
Fax: 205−939−0399
Email: brady3104@gmail.com
TERMINATED: 04/25/2014
Archibald I Grubb , II
BEASLEY ALLEN CROW METHVIN
PORTIS & MILES PC
272 Commerce Street
P O Box 4160
Montgomery, AL 36103−4160
334−269−2343
Fax: 334−954−7555
Email: agrubb@attorneykennugent.com
ATTORNEY TO BE NOTICED
9
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Archie C Lamb , Jr
ARCHIE LAMB AND ASSOCIATES
LLC
P.O. Box 2088
Birmingham, AL 35201
205−612−6789
Email: alamb@archielamb.com
ATTORNEY TO BE NOTICED
Arthur N Bailey , Jr
HAUSFELD LLP
44 Montgomery Steet
Suite 3400
San Francisco, CA 94104
415−633−1908
Fax: 415−358−4980
Email: abailey@hausfeldllp.com
ATTORNEY TO BE NOTICED
Augusta Salem Dowd
WHITE ARNOLD & DOWD, PC
Alabama
2025 3rd Ave N, Ste 500
Birmingham, AL 35203
205−323−1888
Email: adowd@whitearnolddowd.com
ATTORNEY TO BE NOTICED
Barry A Ragsdale
DOMINICK FELD HYDE PC
1130 22nd Street South, Suite 4000
Birmingham, AL 35205
205−536−8888
Email: BRagsdale@dfhlaw.com
ATTORNEY TO BE NOTICED
Ben W Gordon , Jr
LEVIN PAPANTONIO THOMAS
MITCHELL RAFFERTY & PROCTOR
316 South Baylen Street
Suite 600
Pensacola, FL 32502
850−435−7080
Fax: 850−435−6080
Email: bgordon@levinlaw.com
ATTORNEY TO BE NOTICED
Benjamin L Barnes
BENJAMIN L BARNES
ATTORNEY AND COUNSELOR AT
LAW
10
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407 W. Covell Road #32123
Edmond, OK 73003
405−595−3936
Fax: 888−493−6648
Email: bb@bbarneslaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Benjamin J Sweet
THE SWEET LAW FIRM
186 Mohawk Drive
Pittsburgh, PA 15228
412−742−0631
Email: ben@sweetlawpc.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Braden Beard
HAUSFELD LLP
1700 K St NW Suite 650
Washington, DC 20006
202−540−7200
Fax: 202−540−7201
Email: bbeard@hausfeld.com
ATTORNEY TO BE NOTICED
Bradley A Wasser
LAW OFFICES OF DAVID BALTO
1350 I Street NW, Suite 850
Washington, DC 20005
202−789−5424
Fax: 202−789−1819
Email: brad.wasser@dcantitrustlaw.com
ATTORNEY TO BE NOTICED
Brenton W Cole
CARROLL WARREN & PARKER PLLC
188 E. Capitol Street, Suite 1200
Jackson, MS 39201
601−592−1010
Fax: 601−592−6060
Email: bcole@cwplaw.com
TERMINATED: 11/03/2014
Brian M Clark
WIGGINS CHILDS PANTAZIS FISHER
& GOLDFARB
The Kress Building
301 19th Street North
Birmingham, AL 35203−3204
205−314−0500
Fax: 205−254−1500
11
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Email: Bclark@wigginschilds.com
ATTORNEY TO BE NOTICED
Brian E Wojtalewicz
WOJTALEWICZ LAW FIRM LTD
139 North Miles St
Appleton, MN 56208−0123
320−289−2363
Fax: 320−289−2369
Email: brian@wojtalewiczlawfirm.com
ATTORNEY TO BE NOTICED
Bruce C Jones
JONES & SWARTZ PLLC
1673 W Shoreline Drive Suite 200
Boise, ID 83702
(208) 489−8989
Fax: (208) 489−8988
Email: bruce@jonesandswartzlaw.com
ATTORNEY TO BE NOTICED
Bryan L Clobes
CAFFERTY CLOBES MERIWETHER &
SPRENGEL LLP
1101 Market Street, Suite 2650
Philadelphia, PA 19107
215−864−2800
Fax: 215−864−2810
Email: bclobes@caffertyclobes.com
ATTORNEY TO BE NOTICED
Carl S Kravitz
Zuckerman Spaeder LLP
1800 M Street, NW
Suote 1000
Washington, DC 20036
202−778−1873
Fax: 202−822−8106
PRO HAC VICE
ATTORNEY TO BE NOTICED
Carl Wesley Pittman
THE PITTMAN FIRM PA
432 McKenzie Avenue
Panama City, FL 32401
850−784−9000
Fax: 850−763−6787
Email: wespittman@pittmanfirm.com
ATTORNEY TO BE NOTICED
Casey Langston Lott
LANGTSON & LOTT, P.A.
12
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P.O. Box 382
100 South Main Street
Booneville, MS 38829
662−728−9733
Fax: 662−728−1992
Email: clott@langstonlott.com
ATTORNEY TO BE NOTICED
Charles J Cooper
COOPER & KIRK PLLC
1523 New Hampshire Avenue, N.W.
Washington, DC 20036
202−220−9600
Fax: 202−220−9601
Email: ccooper@cooperkirk.com
ATTORNEY TO BE NOTICED
Charles D Hudson
PENN AND SEABORN LLC
1971Berry Chase Place
Montgomery, AL 360117
334−738−4486
Fax: 334−738−4432
Email: charlie@pennandseaborn.com
ATTORNEY TO BE NOTICED
Charles C Hunter
HAYES HUNGER PC
4265 San Felip Suite 1000
Houston, TX 77027
281−768−4731
Fax: 713−583−7047
Email: chunter@hayeshunterlaw.com
ATTORNEY TO BE NOTICED
Charles M Thompson
CHARLES M THOMPSON PC
2539 John Hawkins Pkwy
Suite 101−149
Hoover, AL 35244
205−995−0068
Fax: 866−610−1650
Email: CMTLAW@aol.com
ATTORNEY TO BE NOTICED
Charles R Watkins
GUIN STOKES & EVANS LLC
321 S Plymouth Ct
Ste 1250
Chicago, IL 60604
312−878−8391
Fax: 312−663−0303
13
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Email: cwatkins@gseattorneys.com
ATTORNEY TO BE NOTICED
Christina D Crow
JINKS CROW & DICKSON PC
219 Prairie Street N
PO Box 350
Union Springs, AL 36089
334−738−4225
Fax: 334−738−4229
Email: ccrow@jinkslaw.com
ATTORNEY TO BE NOTICED
Christopher T Cain
SCOTT & CAIN
550 W. Main Street, Suite 601
Knoxville, TN 37902
865−525−2150
Fax: 865−525−2120
Email: cain@scottandcain.com
ATTORNEY TO BE NOTICED
Christopher L Coffin
PENDLEY BAUDIN & COFFIN LLP
24110 Eden Street
Plaquemine, LA 70765
225−687−6396
Fax: 225−687−6398
Email: ccoffin@pbclawfirm.com
ATTORNEY TO BE NOTICED
Christopher T Hellums
PITTMAN DUTTON & HELLUMS PC
2001 Park Place Tower
Suite 1100
Birmingham, AL 35203
205−322−8880
Fax: 205−278−2711
Email: PDH−efiling@pittmandutton.com
ATTORNEY TO BE NOTICED
Clint Sargent
MEIERHENRY SARGENT LLP
315 S Phillips Avenue
Sioux Falls, SD 57104−6318
605−336−3075
Fax: 605−336−2593
Email: clint@meierhenrylaw.com
ATTORNEY TO BE NOTICED
Cyril V Smith , III
ZUCKERMAN SPAEDER LLP
14
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100 E Pratt Street, Suite 2440
Baltimore, MD 21202
410−949−1145
Fax: 410−659−0436
Email: csmith@zuckerman.com
ATTORNEY TO BE NOTICED
D Brian Hufford
ZUCKERMAN SPAEDER LLP
485 Madison Avenue
10th Floor
New York, NY 10022
212−704−9600
Fax: 212−704−4256
Email: dbhufford@zuckerman.com
ATTORNEY TO BE NOTICED
Dale Ernest Akins
AKINS LAW FIRM
Unit A
6 Johnston Way
PO Box 1547
Bluffton, SC 29910
843−757−7574
Fax: 843−757−7601
Email: kwhite@hargray.com
ATTORNEY TO BE NOTICED
Daniel E Gustafson
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
612−333−8844
Fax: 612−339−6622
Email: dgustafson@gustafsongluek.com
ATTORNEY TO BE NOTICED
Daniel C Hedlund
GUSTAFSON GLUEK PLLC
Canadian Pacific Plaza
120 South 6th Street, Suite 2600
Minneapolis, MN 55402
612−333−8844
Fax: 612−339−6622
Email: dhedlund@gustafsongluek.com
ATTORNEY TO BE NOTICED
Daniel Patrick Moylan
ZUCKERMAN SPAEDER LLP
100 East Pratt Street Suite 2440
Baltimore, MD 21202
15
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410−949−1159
Fax: 410−659−0436
Email: dmoylan@zuckerman.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Daniel E. Phillips
SOLBERG STEWART MILLER
PO BOX 1897
FARGO, ND 58107−1897
701−237−3166
Fax: 701−237−4627
ATTORNEY TO BE NOTICED
Daniel A Small
COHEN MILSTEIN SELLERS & TOLL
PLLC
1100 New York Avenue, NW
Suite 500 West
Washington, DC 20005
202−408−4600
Fax: 202−408−4699
Email: dsmall@cohenmilstein.com
ATTORNEY TO BE NOTICED
David A Balto
LAW OFFICES OF DAVID BALTO
1350 I Street NW, Suite 850
Washington, DC 20005
205−789−5424
Fax: 202−789−1819
Email: david.balto@dcantitrustlaw.com
ATTORNEY TO BE NOTICED
David Boies
BOIES SCHILLER & FLEXNER LLP
333 Main Street
Armonk, NY 10504
914−749−8200
Fax: 914−749−8300
Email: dboies@bsfllp.com
ATTORNEY TO BE NOTICED
David A Ettinger
HONIGMAN MILLER SCHWARTZ
AND COHN LLP
660 Woodward Ave., Suite 2290
Detroit, MI 48226
313−465−7368
Fax: 313−465−7369
Email: dettinger@honigman.com
TERMINATED: 12/07/2015
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ATTORNEY TO BE NOTICED
David F Evans
HICKEY & EVANS
1800 Carey Avenue, Suite 700
P O Box 467
Cheyenne, WY 82003−0467
307−634−1525
Fax: 307−638−7335
ATTORNEY TO BE NOTICED
David J Guin
GUIN STOKES & EVANS LLC
300 Richard Arrington Jr Blvd. N.
Suite 600
Birmingham, AL 35203
205−503−4505
Fax: 205−226−2357
Email: davidg@gseattorneys.com
ATTORNEY TO BE NOTICED
David J Hodge
MORRIS KING & HODGE PC
200 Pratt Avenue NE
Huntsville, AL 35801
256−536−0588
Fax: 256−533−1504
Email: wparker@mkhlawyers.com
ATTORNEY TO BE NOTICED
David M Wilkerson
THE VAN WINKLE LAW FIRM
11 North Market St
Asheville, NC 28801
828−258−2991
Fax: 828−257−2767
Email: dwilkerson@vwlawfirm.com
ATTORNEY TO BE NOTICED
Deborah J Winegard
WHATLEY KALLAS LLC
1068 Virginia Avenue NE
Atlanta, GA 30306
404−607−8222
Fax: 404−220−9625
Email: dwinegard@whatleykallas.com
ATTORNEY TO BE NOTICED
Debra B Hayes
THE HAYES LAW FIRM
700 Rockmead Suite 210
Kingwood, TX 77339
17
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281−815−4963
Fax: 832−575−4759
Email: dhayes@dhayeslaw.com
ATTORNEY TO BE NOTICED
Dennis G Pantazis
WIGGINS CHILDS PANTAZIS FISHER
& GOLDFARB LLC
The Kress Building
301 19th Street North
Birmingham, AL 35203−3204
205−314−0531
Fax: 205−314−0731
Email: dgp@wigginschilds.com
ATTORNEY TO BE NOTICED
Dennis Craig Reich
REICH & BINSTOCK LLP
4265 San Felipe, Suite 1000
Houston, TX 77027
1−713−622−7271
Fax: 713−623−8724
Email: DReich@reichandbinstock.com
ATTORNEY TO BE NOTICED
Dianne M Nast
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
215−923−9300
Fax: 215−923−9302
Email: dnast@nastlaw.com
ATTORNEY TO BE NOTICED
Donald D Knowlton , II
CUSIMANO ROBERTS & MILLS LLC
153 South 9th Street
Gadsden, AL 35901
256−543−0400
Email: don@alalawyers.net
ATTORNEY TO BE NOTICED
Donna Smith Cude
JOHN D. SAXON PC
2119 3rd Avenue North
Birmingham, AL 35203
205−397−1030
Fax: 205−323−1583
Email: dcude@saxonattorneys.com
ATTORNEY TO BE NOTICED
Douglas A Dellaccio , Jr
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CORY WATSON PC
2131 Magnolia Avenue South, Suite 200
P O Box 55927
Birmingham, AL 35255−5972
205−328−2200
Fax: 205−324−7896
Email: ddellaccio@corywatson.com
ATTORNEY TO BE NOTICED
Earnest William Wotring
Connelly Baker Wotring LLP
700 JPMorgan Chase Tower
600 Travis
Houston, TX 77002
713−980−1700
Fax: 713−980−6925
Email: ewotring@bakerwotring.com
ATTORNEY TO BE NOTICED
Edgar Hyde Carby
CARBY & CARBY PC
513 State Street
Natchez, MS 39120
601−445−5011
Fax: 601−445−5033
Email: hcarby@carbylaw.com
TERMINATED: 04/15/2016
Edgar Dean Gankendorff
PROVOATY & GANKENDORFF LLC
650 Poydras Street, Suite 2700
New Orleans, LA 70130
504−410−2795
Fax: 504−410−2796
Email: egankendorff@provostylaw.com
ATTORNEY TO BE NOTICED
Edith M Kallas
WHATLEY KALLAS LLP
152 West 57th Street
41st Floor
New York, NY 10019
212−447−7060
Fax: 800−922−4851
Email: ekallas@whatleykallas.com
ATTORNEY TO BE NOTICED
Edward K Wood , Jr
WOOD LAW FIRM LLC
PO Box 382434
Birmingham, AL 35238
205−612−0243
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Fax: 866−747−3905
Email: kirk@woodlawfirmllc.com
ATTORNEY TO BE NOTICED
Edwin J Kilpela , Jr
CARLSON LYNCH LTD
1133 Penn Avenue
5th Floor
Pittsburgh, PA 15222
412−322−9243
Fax: 412−231−0246
Email: ekilpela@carlsonlynch.com
ATTORNEY TO BE NOTICED
Elizabeth Pollock−Avery
CARLSON LYNCH SWEET KILPELA &
CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
412−322−9243
Fax: 412−231−0246
Email: eavery@carlsonlynch.com
ATTORNEY TO BE NOTICED
Ellen M Ahrens
GUSTAFSON GLUEK PLLC
650 Northstar East
608 Second Avenue South
Minneapolis, MN 55402
612−333−8844
Fax: 612−339−6622
ATTORNEY TO BE NOTICED
Ellen Meriwether
CAFFERTY CLOBES MERIWETHER &
SPRENGEL LLP
1101 Market Street, Suite 2650
Phildelphia, PA 19107
215−864−2800
Fax: 215−864−2810
Email: emeriwether@caffertyclobes.com
ATTORNEY TO BE NOTICED
Emily Hawk Mills
CUSIMANO ROBERTS & MILLS LLC
153 S. 9th Street
Gadsden, AL 35901
256−543−0400
Fax: 256−543−0488
Email: emily@alalawyers.net
ATTORNEY TO BE NOTICED
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Eric R Belin
PROVOSTY & GANKENDORFF LLC
650 Poydras Street, Suite 2700
New Orleans, LA 70130
504−410−2795
Fax: 504−410−2796
Email: ebelin@provostylaw.com
ATTORNEY TO BE NOTICED
Eric B Snyder
BAILEY & GLASSER LLP
227 Capitol Street
Charleston, WV 25301
304−345−6555
Fax: 304−342−1110
Email: esnyder@baileyglasser.com
ATTORNEY TO BE NOTICED
Eric B Swartz
JONES & SWARTZ PLLC
1673 W Shoreline Drive Suite 200
Boise, ID 83702
(208) 489−8989
Fax: (208) 489−8988
Email: eric@jonesandswartzlaw.com
ATTORNEY TO BE NOTICED
Erin C Burns
NASTLAW LLC
1101 Market Street, Suite 2801
Philadelphia, PA 19107
215−923−9300
Fax: 215−923−9302
Email: eburns@nastlaw.com
TERMINATED: 07/22/2019
ATTORNEY TO BE NOTICED
Gail A McQuilkin
KOZYAK TROPIN &
THROCKMORTON PA
2525 Ponce de Leon, 9th Floor
Coral Gables, FL 33134
305−372−1800
Fax: 305−372−3508
Email: gam@kttlaw.com
ATTORNEY TO BE NOTICED
Garrett D Blanchfield
REINHARDT WENDORF &
BLANCHFIELD
E1250 First National Bank Bldg.
332 Minnisota Street
21
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St. Paul, MN 55101
651−287−2100
Fax: 651−287−2103
Email: g.blanchfield@rwblawfirm.com
ATTORNEY TO BE NOTICED
Gary E Mason
MASON, LLP
5101 Wisconsin Avenue NW, Suite 305
Washington, DC 20016
202−429−2290
Fax: 202−429−2294
Email: gmason@masonllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Genevieve M Zimmerman
Meshbesher & Spence
1616 Park Avenue
Minneapolis, MN 55404
612−339−9121
Fax: 612−339−9128
Email: gzimmerman@meshbesher.com
ATTORNEY TO BE NOTICED
Gerald F. Easter
GERALD F. EASTER, ATTORNEY AT
LAW
369 N. Main Street
Memphis, TN 38103
901−575−9998
ATTORNEY TO BE NOTICED
Glen M Connor
QUINN CONNOR WEAVER DAVIES &
ROUCO
Two North Twentieth Street, Ste. 930
Birmingham, AL 35203
205−870−9989
Fax: 205−803−4143
Email: gconnor@qcwdr.com
ATTORNEY TO BE NOTICED
Gregory S Cusimano
CUSIMANO ROBERTS & MILLS, LLC
153 South 9th Street
Gadsden, AL 35901
1−256−543−0400
Fax: 256−543−0488
Email: greg@alalawyers.net
ATTORNEY TO BE NOTICED
22
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Gregory L Davis
GREG DAVIS LAW
7475 Halcyon Pointe Drive
Montgomery, AL 36117
334−832−9080
Fax: 334−409−7001
Email: gldavis@gregdavislaw.com
ATTORNEY TO BE NOTICED
Gwendolyn J Simons
SIMONS & ASSOCIATES LAW PA
PO Box 1238
Scarborough, ME 04070−1238
207−205−2045
Fax: 207−883−7225
Email: gwen@simonsassociateslaw.com
ATTORNEY TO BE NOTICED
H Lewis Gillis
MEANS GILLIS LAW, LLC
3121 Zelda Court
Po Drawer 5058
Montgomery, AL 36103−5058
334−270−1033
Fax: 334−260−9396
Email: hlgillis@meansgillislaw.com
ATTORNEY TO BE NOTICED
Hamish P.M. Hume
Boies Schiller & Flexner LLP
1401 New York Ave NW
Washington, DC 20005
202−237−2727
Fax: 202−237−6131
Email: hhume@bsfllp.com
ATTORNEY TO BE NOTICED
Harley S Tropin
KOZYAK TROPIN &
THROCKMORTON PA
2525 Ponce de Leon, 9th Floor
Coral Gables, FL 33134
305−372−1800
Fax: 305−372−3508
Email: hst@kttlaw.com
ATTORNEY TO BE NOTICED
Henry C Quillen
WHATLEY KALLAS LLP
159 Middle Street Suite 2D
Portsmouth, NH 03801
603−294−1591
23
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Fax: 800−922−4851
Email: hquillen@whatleykallas.com
ATTORNEY TO BE NOTICED
Herman Watson , Jr
WATSON MCKINNEY LLP
203 Greene Street
P O Box 18368
Huntsville, AL 35801
256−536−7423
Fax: 256−536−2689
Email: watson@watsonmckinney.com
ATTORNEY TO BE NOTICED
Hope S Marshall
WHITE ARNOLD & DOWD PC
2025 Third Avenue North
Suite 500
Birmingham, AL 35203
205−323−1888
Fax: 205−323−8907
Email: hmarshall@whitearnolddowd.com
ATTORNEY TO BE NOTICED
Irma L Netting
Lemmon Law Firm
15058 River Rd
P.O. box 904
Hahnville, LA 70057
985−783−6789
Fax: 985−783−1333
Email: court@lemmonlawfirm.com
ATTORNEY TO BE NOTICED
J Michael Malone
Hendren & Malone PLLC
4600 Marriott Drive
Suite 150
Raleigh, NC 27612
919−573−1423
Fax: 919−420−0475
Email: mmalone@hendrenmalone.com
ATTORNEY TO BE NOTICED
J Allen Schreiber
SCHREIBER LAW FIRM
6 Office Park Circle
Suite 209
Birmingham, AL 35223
205−871−9140
Email: allen@schreiber.law
TERMINATED: 11/28/2017
24
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J Mark White
WHITE ARNOLD & DOWD PC
2025 3rd Avenue North
Suite 500
Birmingham, AL 35203
205−323−1888
Fax: 205−323−8907
Email: mwhite@whitearnolddowd.com
ATTORNEY TO BE NOTICED
Jacob T. E. Stutzman
CARROLL WARREN & PARKER PLLC
188 E. Capitol Street, Suite 1200
Jackson, MS 39201
601−592−1010
Fax: 601−592−6060
Email: jstutzman@cwplaw.com
TERMINATED: 02/17/2016
James G Adams , Jr
EYSTER KEY TUBB ROTH
MIDDLETON & ADAMS LLP
402 East Moulton Street
P O Box 607
Decatur, AL 35602
256−353−6761
Fax: 256−353−6767
Email: jgadams@eysterkeylaw.com
ATTORNEY TO BE NOTICED
James P Carr
YUHL CARR LLP
4676 Admiralty Way, Suite 550
Marina Del Rey, CA 90292
310−827−2800
Fax: 310−827−4200
Email: jcarr@yuhlcarr.com
ATTORNEY TO BE NOTICED
James Wells Harrell
Boies, Schiller & Flexner LLP
5301 Wisconsin Ave., N.W., Suite 800
Washington, DC 20015
202−274−1164
Fax: 202−237−6131
Email: wharrell@bsfllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
James M Terrell
METHVIN, TERRELL, YANCEY,
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STEPHENS & MILLER, P.C.
2201 Arlington Avenue, South
Birmingham, AL 35205
205−939−0199
Fax: 205−939−0399
Email: jterrell@mtattorneys.com
ATTORNEY TO BE NOTICED
James L Warren , III
CARROLL WARREN & PARKER PLLC
188 E Capitol Street, Suite 1200
Jackson, MS 39201
601−592−1010
Fax: 601−592−6060
Email: jwarren@cwplaw.com
TERMINATED: 02/17/2016
Janet Brooks Holmes
McKay Cauthen Settana and Stubley
1303 Blanding Street
Columbia, SC 29201
803−256−4645
Fax: 803−465−1839
ATTORNEY TO BE NOTICED
Jason G. Ausman
AUSMAN LAW FIRM
1015 North 98th Street
Suite 102
Omaha, NE 68114
402−933−8140
Fax: 402−718−9423
Email: jason@ausmanlawfirm.com
ATTORNEY TO BE NOTICED
Jason S Kilene
Gustafson Gluek PLLC
Canadian Pacific Plaza
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
612−333−8844
Email: jkilene@gustafsongluek.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Jason M Knott
ZUCKERMAN SPAEDER LLP
1800 M Street NW, Ste 1000
Washington, DC 20036
202−778−1813
Email: jknott@zuckerman.com
TERMINATED: 07/24/2020
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ATTORNEY TO BE NOTICED
Jason R Rathod
WHITFIELD BRYSON & MASON LLP
1625 Massachusetts Avenue, Nw Suite 605
Washington, DC 20036
202−429−2290
Fax: 202−429−2294
Email: jrathod@wbmllp.com
ATTORNEY TO BE NOTICED
Jason J Thompson
SOMMERS SCHWARTZ PC
One Towne Square, Suite 1700
Southfield, MI 48076
248−415−3206
Fax: 248−436−8453
Email: jthompson@sommerspc.com
ATTORNEY TO BE NOTICED
Javier Asis Lopez
KOZYAK TROPIN &
THROCKMORTON PA
2525 Ponce De Leon Boulevard, 9th Floor
Miami, FL 33134
305−372−1800
Fax: 305−372−3508
Email: jal@kttlaw.com
ATTORNEY TO BE NOTICED
Jeannine M Kenney
HAUSFELD LLP
1700 K St NW Suite 650
Washington, DC 20006
202−540−7200
Fax: 202−540−7201
Email: jkenney@hausfeld.com
ATTORNEY TO BE NOTICED
Jennifer Williams
GRANT & EISENHOFER PA
123 Justison Street
Wilmington, DE 19801
302−622−7000
Email: jwilliams@gelaw.com
ATTORNEY TO BE NOTICED
Jessica Machelle Haynes
BEASLEY ALLEN LAW FIRM
301 St. Louis Street
Mobile, AL 36602
251−266−5477
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Email: jessi.haynes@beasleyallen.com
ATTORNEY TO BE NOTICED
Joe R Whatley , Jr
WHATLEY KALLAS LLP
2001 Park Place North Suite 1000
Birmingham, AL 35203
205−488−1200
Fax: 800−922−4851
Email: jwhatley@whatleykallas.com
ATTORNEY TO BE NOTICED
Joey K James
BUNCH & JAMES
210 East Tennessee Street
P O Box 878
Florence, AL 35631
256−764−0095
Fax: 256−767−5705
Email: julia@bunchandjames.com
ATTORNEY TO BE NOTICED
John Clark Davis
JOHN C DAVIS PC
623 Beard Street
Tallahassee, FL 32303
850−222−4770
Fax: 850−222−3119
Email: john@johndavislaw.net
ATTORNEY TO BE NOTICED
John Gravante , III
PODHURST ORSECK PA
25 West Flagler Street, Suite 800
Miami, Fl 33130
305−358−2800
Fax: 305−358−2382
Email: jgravante@podhurst.com
ATTORNEY TO BE NOTICED
John R. Holton
Deal Cooper Holton PLLC
296 Washington Avenue
Memphis, TN 38103
901−523−2222
Fax: 901−523−2232
Email: JHolton@dchlaw.com
ATTORNEY TO BE NOTICED
John Doyle Nalley
LOVELL & NALLEY
501 N. Main
28
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Benton, AR 72015−0606
(501) 315−7491
Fax: 501−778−4979
Email: johndoylenalley@hotmail.com
ATTORNEY TO BE NOTICED
John W Partin
PENN & SEABORN LLC
P.O. Box 688
Clayton, AL 36016
334−775−9778
Fax: 334−775−9779
Email: will@pennandseaborn.com
ATTORNEY TO BE NOTICED
John W Reis
FOX ROTHSCHILD LLP
101 N. Tryon Street, Suite 1300
Charlotte, NC 28246*0109
704−384−2692
Fax: 704−384−2800
Email: jreis@foxrothschild.com
ATTORNEY TO BE NOTICED
John D Saxon
JOHN D SAXON PC
2119 3rd Avenue North, Suite 100
Birmingham, AL 35203
205−324−0223
Fax: 205−324−1039
Email: jsaxon@saxonattorneys.com
ATTORNEY TO BE NOTICED
John R Wylie
DONALDSON GUIN LLC
300 South Wacker Drive
Suite 1700A
Chicago, IL 60606
312−878−8391
Fax: 312−663−0303
Email: Johnw@dglawfirm.com
ATTORNEY TO BE NOTICED
Jonathan Charles Little
SAEED & LITTLE, LLP
1433 N. Meridian Street
Suite 202
Indianapolis, IN 46202
812−320−3367
Fax: 888−422−3151
ATTORNEY TO BE NOTICED
29
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Jonathan S Mann
PITTMAN DUTTON, HELLUMS,
BRADLEY & MANN
2001 Park Place North, Ste. 1100
Birmingham, AL 35203
205−322−8880
Fax: 205−328−2711
Email: jonm@pittmandutton.com
ATTORNEY TO BE NOTICED
Jonathan R. Voegele , Esq.
Boies, Schiller & Flexner LLP
26 South Main Street
Hanover, NH 03755
603−643−7918
Fax: 603−643−9010
Email: jvoegele@bsfllp.com
ATTORNEY TO BE NOTICED
Joseph Preston Strom , Jr
STROM LAW FIRM LLC
2110 Beltline Blvd
Columbia, SC 29204
803−252−4800
Fax: 803−252−4801
Email: petestrom@stromlaw.com
ATTORNEY TO BE NOTICED
Julia Smeds Roth
EYSTER KEY TUBB ROTH
MIDDLETON & ADAMS LLP
402 East Moulton Street
P O Box 1607
Decatur, AL 35602−1607
256−353−6761
Fax: 256−353−6767
Email: jroth@eysterkeylaw.com
ATTORNEY TO BE NOTICED
Justin W Bernick
HOGAN LOVELLS US LLP
555 Thirteenth Street, NW
Washington, DC 20004
202−637−5485
Fax: 202−637−5910
Email: justin.bernick@hoganlovells.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Karen R Dow
Baker Wotring
700 JPMorgan Chase Tower
30
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600 Travis
Houston, TX 77002
713−980−6592
Email: kdow@bakerwotring.com
ATTORNEY TO BE NOTICED
Karen H Riebel
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Ave. S., Suite 2200
Minneapolis, MN 55401
612−339−6900
Fax: 612−339−0981
Email: khriebel@locklaw.com
ATTORNEY TO BE NOTICED
Katherine Rogers Brown
WHITE ARNOLD & DOWD PC
2025 3rd Avenue North, Suite 500
Birmingham, AL 35203
205−323−1888
Fax: 205−323−8907
Email: kbrown@whitearnolddowd.com
ATTORNEY TO BE NOTICED
Kathleen Currie Chavez
FOOTE MIELKE CHAVEZ & O'NEAL
LLC
10 West State Street, Suite 200
Geneva, IL 60134
630−232−7450
Fax: 630−232−7452
Email: kcc@fmcolaw.com
ATTORNEY TO BE NOTICED
Kathleen Simpson Kiernan
BOIES SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, NW
Washington, DC 20015
202−237−2727
Fax: 202−237−6131
Email: kkiernan@bsfllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Kevin J Stoops
SOMMERS SCHWARTZ PC
One Towne Square, Suite 1700
Southfield, MI 48076
248−355−0300
Fax: 248−746−4001
Email: kstoops@sommerspc.com
ATTORNEY TO BE NOTICED
31
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Kimberly Francis
DOJ−USAO
271 Cadman Plaza East, 7th Floor
Brooklyn, NY 11201
718−254−6147
Email: Kimberly.Francis@usdoj.gov
TERMINATED: 04/18/2022
ATTORNEY TO BE NOTICED
L Shane Seaborn
PENN & SEABORN LLC
5 Court Square
P O Box 688
Clayton, Al 36016−0688
334−775−9778
Fax: 334−775−9779
Email: sseaborn1@yahoo.com
ATTORNEY TO BE NOTICED
Lance Craig Young
SOMMERS SCHWARTZ PC
One Towne Square, Suite 1700
Southfield, MI 48076
248−746−4033
Fax: 248−415−2238
Email: lyoung@sommerspc.com
ATTORNEY TO BE NOTICED
Lara F Phillip
HONIGMAN LLP
660 Woodward Avenue
Detroit, MI 48226
313−465−7518
Fax: 313−465−7519
Email: lara.phillip@honigman.com
Laura Alexander
COHEN MILSTEIN SELLERS & TOLL
PLLC
1100 New York Avenue NW
Suite 500 West
Washington, DC 20005
202−408−4600
Fax: 202−408−4699
Email: lalexander@cohenmilstein.com
TERMINATED: 01/03/2020
ATTORNEY TO BE NOTICED
Lawrence L. Jones , II
JONES WARD PLC
312 S. Fourth Street, 6th Floor
32
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Louisville, KY 40202
502−882−6000
Fax: 502−587−2007
Email: larry@jonesward.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Lee McArthur Scott
602 HARRISON AVE
STE III
PANAMA CITY, FL 32401
850−819−7833
Fax: 850−784−7706
Email: nscott0418@aol.com
Leslie Lee Ann Pescia
BEASLEY ALLEN CROW METHVIN
PORTIS & MILES PC
P.O. Box 4160
Montgomery, AL 36103
334−269−2343
Fax: 334−954−7555
Email: leslie.pescia@beasleyallen.com
TERMINATED: 09/20/2021
ATTORNEY TO BE NOTICED
Linda G Flippo
WHITE ARNOLD & DOWD PC
2025 3rd Avenue, North, Suite 500
Ste 500
Birmingham, AL 35203
205−323−1888
Fax: 205−323−8907
Email: lflippo@whitearnolddowd.com
ATTORNEY TO BE NOTICED
Lisa N Hayes
REINHARDT WENDORF &
BLANCHFIELD
2186 Roxanna Court
Auburn, AL 36879
(334) 707−1911
Email: lnh8803@bellsouth.net
ATTORNEY TO BE NOTICED
Lynn W Jinks , III
JINKS CROW & DICKSON PC
P.O. Box 350
Union Springs, AL 36089
334−738−4225
Fax: 334−738−4229
Email: ljinks@jinkslaw.com
33
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ATTORNEY TO BE NOTICED
M Stephen Dampier
THE DAMPIER LAW FIRM PC
P.O. Box 161
Fairhope, AL 36533−0161
251−929−0900
Fax: 251−929−0800
Email: stevedampier@dampierlaw.com
ATTORNEY TO BE NOTICED
M Patrick McDowell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
MICHAEL J. MCCARRIE
ARTZ HEALTH LAW
1500 MARKET STREET
SUITE 4100
PHILADELPHIA, PA 19102
267−886−1852
ATTORNEY TO BE NOTICED
Margery S. Bronster
BRONSTER HOSHIBATA
1003 Bishop Street, Suite 2300
Honolulu, HI 96813
808−524−5644
Fax: 808−599−1881
Email: mbronster@bhhawaii.net
ATTORNEY TO BE NOTICED
Mario A Pacella
STROM LAW FIRM
2110 Beltline Blvd
Columbia, SC 29204
803−252−4800
Fax: 803−252−4801
Email: mpacella@stromlaw.com
ATTORNEY TO BE NOTICED
Mark K Gray
GRAY & WHITE
713 E. Market Street, Suite 200
Louisville, KY 40202
502−291−6859
Fax: 502−618−4059
Email: mgray@grayandwhitelaw.com
ATTORNEY TO BE NOTICED
Mark J Murphy
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Mooney Green Saindon Murphy and
Welch PC
1920 L St NW Ste 400
Washington, DC 20036
(202)783−0010
Fax: (202)783−6088
ATTORNEY TO BE NOTICED
Matthew J Herman
FOOTE MIELKE CHAVEZ & O'NEIL
LLC
Ste 200
10 West State Street
Geneva, IL 60134
630−232−7450
Fax: 630−232−7452
Email: mjh@fmcolaw.com
ATTORNEY TO BE NOTICED
Matthew P Weinshall
PODHURST ORSECK PA
25 West Flagler Street, Suite 800
Miami, Fl 33129
305−358−2800
Fax: 305−358−2382
Email: mweinshall@podhurst.com
ATTORNEY TO BE NOTICED
Meghan M Boone
COHEN MILSTEIN SELLERS & TOLL
PLLC
1100 New York Avenue, NW
Suite 500 West
Washington, DC 20005
202−408−4600
Fax: 202−408−4699
Email: mboone@cohenmilstein.com
ATTORNEY TO BE NOTICED
Melinda Coolidge
HAUSFELD LLP
1700 K Street, Nw
Washington, DC 20006
202−540−7144
Fax: 202−540−7201
Email: mcoolidge@hausfeldllp.com
ATTORNEY TO BE NOTICED
Michael C Dodge
GLAST PHILLIPS & MURRAY PC
14801 Quorum Drive, Suite 500
Dallas, TX 75254
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972−419−7172
Email: mdodge@gpm−law.com
ATTORNEY TO BE NOTICED
Michael J. Fleming
KAPKE & WILLERTH LLC
3304 NE Ralph Powell Road
Lee's Summit, MO 64064
816−461−3800
Fax: 816−254−8014
Email: mike@kapkewillerth.com
ATTORNEY TO BE NOTICED
Michael E Gurley , Jr
GURLEY LAW FIRM, LLC
P.O. Box 382732
Birmingham, AL 35238−2434
205−538−3975
Fax: 877−267−5245
Email: mgurleyjr@yahoo.com
ATTORNEY TO BE NOTICED
Michael David Hausfeld
Hausfeld LLP
888 16th Street, NW
Suite 300
Washington, DC 20006
United Sta
202−540−7200
Fax: 202−540−7201
Email: mhausfeld@hausfeldllp.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Michael S Lyons
WHATLEY KALLAS LLP
1180 Avenue of the Americas 20th Floor
New York, NY 10036
212−447−7060
Fax: 800−922−4851
Email: mlyons@whatleykallas.com
ATTORNEY TO BE NOTICED
Michael P McGartland
MCGARTLAND LAW FIRM PLLC
University Centre I
1300 University Drive Suite 500
Ft Worth, TX 76107
817−332−9300
Fax: 817−332−9301
Email: mike@mcgartland.com
ATTORNEY TO BE NOTICED
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Michael L Murphy
PO Box 38
Centreville, AL 35042
1−205−926−4686
Email: mlmabco@aol.com
ATTORNEY TO BE NOTICED
Michael L Roberts
CUSIMANO KEENER ROBERTS
KNOWLES & RALEY LLC
153 South 9th Street
Gadsden, AL 35901
256−543−0400
Fax: 256−543−0488
Email: mlr@alabamatortlaw.com
ATTORNEY TO BE NOTICED
Michael J. Sudekum
MANDEL AND MANDEL, LLP
1108 Olive Street
Fifth Floor
St. Louis, MO 63101
314−621−1701
Fax: 314−621−4800
Email: mike@mandelmandel.com
ATTORNEY TO BE NOTICED
Mike Miller
SOLBERG STEWART MILLER & TJON
1129 5th Avenue, South
PO Box 1897
Fargo, ND 58107−1897
701−237−3166
Fax: 701−237−4627
Email: mmiller@solberglaw.com
ATTORNEY TO BE NOTICED
Mitchell Lloyd Berry
DYKE GOLDSHOLL & WINZERLING
PLC
415 N McKinley Suite 1177
Little Rock, AR 72205
501−661−1000
Fax: 501−661−1100
Email: mberry@dhgw.net
ATTORNEY TO BE NOTICED
Monte D. Beck
BECK & AMSDEN, PLLC
1946 Stadium Drive
Suite 1
37
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Bozeman, MT 59715
406−586−8700
Fax: 406−586−8960
Email: mbeck@becklawyers.com
ATTORNEY TO BE NOTICED
Myron C Penn
PENN & SEABORN LLC
53 Highway 110
PO Box 5335
Union Springs, AL 36089
334−738−4486
Fax: 334−738−4432
Email: myronpenn28@hotmail.com
ATTORNEY TO BE NOTICED
Nathan A Dickson , II
JINKS CROW & DICKSON PC
P O Box 350
Union Springs, AL 36089
334−738−4225
Fax: 334−738−4229
Email: NDickson@jinkslaw.com
ATTORNEY TO BE NOTICED
Nicholas R Rockforte
Pendley Baudin & Coffin LLP
24110 Eden St
Plaquemine, LA 70765
225−687−6396
Fax: 225−687−6398
Email: nrockforte@pbclawfirm.com
ATTORNEY TO BE NOTICED
Nicholas B Roth
EYSTER KEY TUBB ROTH
MIDDLETON & ADAMS LLP
402 E Moulton Street
PO Box 1607
Decatur, AL 35602
256−353−6761
Fax: 256−353−6767
Email: nbroth@eysterkeylaw.com
ATTORNEY TO BE NOTICED
O'Kelley H Pearson
HICKEY & EVANS
1800 Carey Avenue, Suite 700
P O Box 467
Cheyenne, WY 82003−0467
307−634−1525
Fax: 307−638−7335
38
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ATTORNEY TO BE NOTICED
Patrick E Cafferty
CAFFERTY CLOBES MERIWETHER &
SPRENGEL LLP
101 North Main Street, Suite 565
Ann Arbor, MI 48104
734−769−2144
Email: pcafferty@caffertyclobes.com
ATTORNEY TO BE NOTICED
Patrick W Pendley
PENDLEY BAUDIN & COFFIN LLP
24110 Eden Street
Plaquermine, LA 70765
225−687−6396
Fax: 225−687−6398
Email: pwpendley@pbclawfirm.com
ATTORNEY TO BE NOTICED
Patrick James Quinlan
Law Offices of Patrick J. Quinlan
243 North Main St.
Providence, RI 02903
272−5300, ext.127
Fax: 223−1401
ATTORNEY TO BE NOTICED
Patrick J Sheehan
Whatley Kallas LLP
101 Federal Street, 19th Floor
Boston, MA 02110
617−573−5118
Fax: 800−922−4851
Email: psheehan@whatleykallas.com
ATTORNEY TO BE NOTICED
Perry Michael Yancey
Methvin, Terrell, Yancey, Stephens &
Miller, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
205−939−0199
Fax: 205−939−0399
Email: myancey@mmlaw.net
ATTORNEY TO BE NOTICED
Peter E Boivin
HONIGMAN MILLER SCHWARTZ &
COHN LLP
660 Woodward Avenue, Suite 2290
Detroit, MI 48226
39
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313−465−7396
Fax: 313−465−7397
Email: pboivin@honigman.com
TERMINATED: 05/13/2013
PRO HAC VICE
Peter H Burke
BURKE HARVEY, LLC
3535 Grandview Parkway Suite 100
Birmingham, AL 35243
205−747−1901
Fax: 205−930−9054
Email: pburke@burkeharvey.com
ATTORNEY TO BE NOTICED
Peter Prieto
PODHURST ORSECK PA
25 West Flagler Street, Suite 800
Miami, Fl 33130
305−358−2800
Fax: 305−358−2382
Email: pprieto@podhurst.com
ATTORNEY TO BE NOTICED
Philip E Carby
CARBY AND CARBY PC
513 State Street
Natchez, MS 39120
601−445−5011
Fax: 601−445−5033
Email: pcarby@carbylaw.com
TERMINATED: 04/15/2016
Phillip W McCallum
MCCALLUM METHVIN & TERRELL
PC
2201 Arlington Avenue South
Birmingham, AL 35205
205−939−0199
Fax: 205−939−0399
Email: pwm@mmlaw.net
ATTORNEY TO BE NOTICED
R Christopher Cowan
THE COWAN LAW FIRM
4711 GASTON AVENUE
Dallas, TX 75246−1013
214−826−1900
Fax: 214−826−8900
Email: CHRIS@COWANLAW.NET
ATTORNEY TO BE NOTICED
40
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R G Methvin , Jr
Methvin, Terrell, Yancey, Stephens &
Miller, P.C.
2201 Arlington Avenue South
Birmingham, AL 35205
205−939−0199
Fax: 205−939−0399
Email: rgm@mtattorneys.com
ATTORNEY TO BE NOTICED
Randall D Noel
BUTLER SNOW LLP
6075 Poplar Avenue Suite 500
Memphis, TN 38119
901−680−7346
Fax: 901−680−7201
Email: randy.noel@butlersnow.com
ATTORNEY TO BE NOTICED
Rebecca Diane Gilliland
BEASLEY ALLEN LAW FIRM
302 St. Louis Street
Mobile, AL 36602
251−308−1515
Fax: 334−954−7555
Email: rebecca.gilliland@beasleyallen.com
ATTORNEY TO BE NOTICED
Rebecca A Peterson
Lockridge Grindal Nauen PLLP
100 Washington Ave. S., Suite 2200
Minneapolis, MN 55401−2179
612−339−6900
Fax: 612−339−0981
Email: rapeterson@locklaw.com
ATTORNEY TO BE NOTICED
Rebekah Keith McKinney
WATSON MCKINNEY, LLP
203 Greene Street
Huntsville, AL 35801−4934
256−536−7423
Email: mckinney@watsonmckinney.com
ATTORNEY TO BE NOTICED
Rex Y. Fujichaku
BRONSTER HOSHIBATA
1003 Bishop Street, Suite 2300
Honolulu, HI 96813
808−524−5644
Fax: 808−599−1881
Email: rfujichaku@bhhawaii.net
41
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ATTORNEY TO BE NOTICED
Richard S Frankowski
THE FRANKOSKI FIRM LLC
1914 4th Avenue North, Ste. 530
Birmingham, AL 35203
205−390−0399
Fax: 205−390−1001
Email: Richard@frankowskifirm.com
ATTORNEY TO BE NOTICED
Richard P Rouco
QUINN CONNOR WEAVER DAVIES &
ROUCO LLP
Two North Twentieth Street
2 20th Street North
Suite 930
Birmingham, AL 35203
205−870−9989
Fax: 205−803−4143
Email: rrouco@qcwdr.com
ATTORNEY TO BE NOTICED
Robert J Axelrod
AXELROD & DEAN LLP
830 Third Avenue, 5th Floor
New York, NY 10022
646−448−5263
Fax: 212−840−8560
Email: rjaxelrod@axelroddean.com
ATTORNEY TO BE NOTICED
Robert G Eisler
GRANT & EISENHOFER PA
123 Justison Street Suite 701
Wilmington, DE 19801
302−622−7030
Fax: 302−622−7100
Email: reisler@gelaw.com
ATTORNEY TO BE NOTICED
Robert M Foote
FOOTE MIELKE CHAVEZ & O'NEIL
LLC
10 West State Street, Suite 200
Geneva, IL 60134
(630) 232−7450
Fax: (630) 232−7452
Email: rmf@fmcolaw.com
ATTORNEY TO BE NOTICED
Robert M Hatch
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BRONSTER FUJICHAKU ROBBINS
1003 Bishop Street, Suite 2300
Honolulu, HI 96813
808−524−5644
Fax: 808−599−1881
Email: rhatch@bfrhawaii.com
ATTORNEY TO BE NOTICED
Robert B Roden
SHELBY RODEN LLC
2101 Highland Avenue South
Birmingham, AL 35205
205−933−8383
Fax: 205−933−8386
Email: rroden@shelbyroden.com
ATTORNEY TO BE NOTICED
Samuel Issacharoff
40 Washington Square South
New York, NY 10012
212−998−6580
ATTORNEY TO BE NOTICED
Scott Allen Martin
HAUSFELD
1700 K St. NW, Suite 650
Washington, DC 20006
646−357−1100
Fax: 212−202−4322
Email: smartin@hausfeld.com
ATTORNEY TO BE NOTICED
Sean T. O'Connell
SHAHEEN & GORDON PA
140 Washington St
PO Box 977
Dover, NH 03821−0977
603 749−5000
Fax: 603−749−1838
Email: soconnell@shaheengordon.com
ATTORNEY TO BE NOTICED
Stanley P Baudin
PENDLEY BAUDIN & COFFIN LLP
24110 Eden Street
Plaquemine, LA 70765
225−687−6396
Fax: 225−687−6398
Email: sbaudin@pbclawfirm.com
ATTORNEY TO BE NOTICED
Star Mishkel Tyner
43
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POMERANTZ GROSSMAN HUFFORD
DAHLSTROM & GROSS, LLP
600 Third Avenue
20th Floor
New York, NY 10016
212−661−1100
Fax: 212−661−8865
Email: start@dglawfirm.com
ATTORNEY TO BE NOTICED
Stephen M Hanson
LAW OFFICES OF STEPHEN M.
HANSEN, PS
1821 Dock Street, Suite 103
Tacoma, WA 98402
253−302−5955
Fax: 253−301−1147
Email: steve@stephenmhansenlaw.com
ATTORNEY TO BE NOTICED
Swathi Bojedla
HAUSFELD LLP
1700 K Street NW, Suite 650
Washington, DC 20006
202−540−7200
Fax: 202−540−7201
Email: sbojedla@hausfeld.com
ATTORNEY TO BE NOTICED
Ta'Kisha L Guster
P O Box 2972
Decatur, AL 35602
256−552−0080
Fax: 256−552−0081
Email: takishaguster@gmail.com
ATTORNEY TO BE NOTICED
Tammy McClendon Stokes
GUIN STOKES & EVANS LLC
300 Richard Arrington Jr. Blvd. N.
Suite 600
Birmingham, AL 35203
205−226−2282
Fax: 205−226−2357
Email: tammys@gseattorneys.com
ATTORNEY TO BE NOTICED
Tanya Chutkan
BOIES SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue, 8th Floor
Washington, DC 20015
202−237−6131
44
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Fax: 205−237−2727
Email: tchutkan@bsfllp.com
TERMINATED: 06/12/2014
Temus C Miles , Jr
McKay Cauthen Settana and Stubley
1303 Blanding Street
Columbia, SC 29201
803−256−4645
ATTORNEY TO BE NOTICED
Thomas Bender
HORN, AYLWARD & BANDY, LLC
2600 Grand Blvd., Ste. 1100
Kansas City, MO 64108
816−421−6620
Fax: 816−421−4747
Email: tbender@hab−law.com
ATTORNEY TO BE NOTICED
Thomas S Scott , Jr
Ball & Scott Law Offices
Bank of America Center
Suite 601
550 Main Street
Knoxville, TN 37902
865/525−7028
Fax: 865/525−4579
ATTORNEY TO BE NOTICED
Thomas Michael Trucksess
HOGAN LOVELLS US LLP
8350 Broad Street
17th Floor
Tysons, VA 22102
703−610−6100
Fax: 703−610−6200
Email: thomas.trucksess@hoganlovells.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Timothy D Battin
BOIESBATTIN LLP
4041 University Drive, Floor 5
Fairfax, VA 22030
703−764−8700
Fax: 703−764−8704
Email: tbattin@boiesbattin.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Timothy R. Holton
45
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Deal Cooper Holton PLLC
296 Washington Avenue
Memphis, TN 38103
901−523−2222
Email: THolton@dchlaw.com
ATTORNEY TO BE NOTICED
Troy A Doles
SCHLICHTER BOGARD & DENTON
LLP
100 S. 4th Street, Ste. 900
St. Louis, MO 63102
314−621−6115
Fax: 314−621−7151
Email: tdoles@uselaws.com
TERMINATED: 11/22/2016
Tyler J Barnett
YUHL CARR LLP
4676 Admiralty Way, Suite 550
Marina Del Rey, CA 90292
310−827−2800
Fax: 310−827−4200
Email: tbarnett@yuhlcarr.com
ATTORNEY TO BE NOTICED
U W Clemon
U.W. Clemon, LLC
2001 Park Place
Suite 1000
Birmingham, AL 35203
205−837−2898
Fax: 205−798−2577
Email: uwclemon1@gmail.com
ATTORNEY TO BE NOTICED
Van Bunch
BONNETT FAIRBOURN FRIEDMAN &
BALINT PCO
2325 E. Camelback Road, Suite 300
Phoenix, AZ 85016
423−886−9736
Fax: 602−274−1199
Email: vbunch@bffb.com
ATTORNEY TO BE NOTICED
Virginia M Buchanan
LEVIN PAPANTONIO THOMAS
MITCHELL RAFFERTY & PROCTOR
PA
316 S Baylen Street 6th Floor
Pensacola, Fl 32502
46
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850−435−7023
Fax: 850−436−6023
Email: vbuchanan@levinlaw.com
ATTORNEY TO BE NOTICED
W Gordon Ball
GORDON BALL LAW OFFICE
7001 Old Kent Drive
Knoxville, TN 37919
865−525−7028
Fax: 865−525−4679
Email: gball@gordonball.com
ATTORNEY TO BE NOTICED
W Tucker Brown
WHATLEY KALLAS LLC
P.O. Box 10968
Birmingham, AL 35202−0968
205−488−1200
Fax: 800−922−4851
Email: tbrown@whatleykallas.com
ATTORNEY TO BE NOTICED
William David George
Baker Wotring LLP
600 Travis
Suite 700
Houston, TX 77002
713−980−1700
Fax: 713−980−1701
Email: dgeorge@bakerwotring.com
ATTORNEY TO BE NOTICED
William H Horton
GIARMARCO MULLINS & HORTON
PC
101 West Big Beaver Road, Tenth Floor
Troy, MI 48084−5280
248−457−7000
Fax: 248−457−7001
Email: bhorton@gmhlaw.com
ATTORNEY TO BE NOTICED
William A Isaacson
PAUL WEISS RIFKIND WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006−1047
202−223−7300
Email: wisaacson@paulweiss.com
ATTORNEY TO BE NOTICED
47
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Wilson Daniel Miles , III
BEASLEY ALLEN CROW METHVIN
PORTIS & MILES PC
P O Box 4160
Montgomery, AL 36103−4160
334−269−2343
Fax: 334−954−7555
Email: dee.miles@beasleyallen.com
ATTORNEY TO BE NOTICED
Plaintiff
Plaintiffs' Liaison Counsel
represented by Barry A Ragsdale
(See above for address)
ATTORNEY TO BE NOTICED
Ben W Gordon , Jr
(See above for address)
ATTORNEY TO BE NOTICED
Eric B Snyder
(See above for address)
ATTORNEY TO BE NOTICED
Mario A Pacella
(See above for address)
ATTORNEY TO BE NOTICED
Rebekah Keith McKinney
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Judy Sheridan
represented by Eric B Snyder
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Brett Watts
represented by Eric B Snyder
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
Constance Dummer
represented by Eric B Snyder
(See above for address)
ATTORNEY TO BE NOTICED
V.
Defendant
48
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Defendants' Counsel
represented by Alyssa C Kalisky
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: alyssa.kalisky@kirkland.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Brooke Jones Oppenheimer
AXINN, VELTROP & HARKRIDER LLP
90 State House Square
Hartford, CT 06103
860−275−8100
Fax: 860−275−8101
Email: boppenheimer@axinn.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carolyn Anne DeLone
HOGAN LOVELLS US LLP
555 Thirteenth St. NW
Washington, DC 20004
202−637−4860
Fax: 202−637−5910
Email: carrie.delone@hoganlovells.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Catherine E Stetson
HOGAN LOVELLS
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004−1109
1−202−637−5600
Email: cate.stetson@hoganlovells.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David Kumagai
CRAVATH SWAINE & MOORE LLP
825 Eighth Avenue
New York, NY 10019
212−474−1000
Fax: 212−474−3700
Email: dkumagai@cravath.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Erin E Murphy
49
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KIRKLAND & ELLIS LLP
655 Fifteenth Street, N.W.
Washington, DC 20005
202−879−5000
Fax: 202−879−5200
Email: erin.murphy@kirkland.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Joseph C Giglio , Jr
Liskow & Lewis (LAF)
P O Box 52008 O C S
Lafayette, LA 70505
337−232−7424
Fax: 337−267−2398
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Mathea KE Bulander
REDGRAVE LLP
120 S. Sixth Street
Minneapolis, MN 55402
612−746−5031
Fax: 612−332−8915
Email: mbulander@redgravellp.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul D Clement
KIRKLAND & ELLIS LLP
1301 Pennsylvania Avenue NW
Washington, DC 20004
202−389−5000
Fax: 202−389−5200
Email: paul.clement@kirkland.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Peter R Bisio
HOGAN LOVELLS US LLP
555 13th St NW
Washington, DC 20004
202−637−5600
Fax: 202−637−5910
Email: peter.bisio@hoganlovells.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sallie E Gilbert
(See above for address)
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TERMINATED: 09/27/2019
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Travis A Bustamante
NELSON MULLINS RILEY &
SCARBOROUGH LLP
301 South College Street, 23rd Floor
Charlotte, NC 28202
704−417−3044
Fax: 704−417−3248
Email: travis.bustamante@nelsonmullins.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William Egan Kellner
Liskow & Lewis (LAF)
P O Box 52008 O C S
Lafayette, LA 70505
337−232−7424
Fax: 337−267−2399
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Zachary D Holmstead
Kirkland & Ellis (IL)
300 N LaSalle St
Chicago, IL 60654
312−862−2392
Fax: 312−862−2200
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Zarel Joan Soto
REICHARD & ESCALARA LLC
MCS Plaza, 10 th floor, 255 Ponce de Leon
Ave
San Juan, PR 00917−1913
787−777−8888
Fax: 787−765−4225
Email: zsoto@reichardescalera.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Aaron G McLeod
ADAMS & REESE LLP
1901 6th Avenue North, Suite 3000
Birmingham, AL 35203
205−250−5000
51
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Fax: 205−250−5034
Email: aaron.mcleod@arlaw.com
ATTORNEY TO BE NOTICED
Adam H Charnes
Kilpatrick Townsend & Stockton LLP
1001 W. Fourth Street
Winston−Salem, NC 27101
336−607−7397
Fax: 336−734−2602
ATTORNEY TO BE NOTICED
Alan Harris
BODMAN PLC
201 South Division Street Suite 400
Ann Arbor, MI 48104
734−761−2236
Fax: 734−930−2492
Email: aharris@bodmanlaw.com
TERMINATED: 05/31/2016
Alan D Rutenberg
FOLEY & LARDNER LLP
3000 K Street NW, Suite 600
Washington, DC 20007
202−672−5491
Fax: 202−672−5399
Email: arutenberg@foley.com
ATTORNEY TO BE NOTICED
Allison Nunley Pham
5525 Reitz Avenue
Baton Rouge, LA 70809
225−295−2199
ATTORNEY TO BE NOTICED
Andrew Phillip Campbell
CAMPBELL PARTNERS LAW, LLC
505 20th Street North Suite 1600
Birmingham, AL 35203
205−224−0750
Fax: 205−383−261
Email: andy@campbellpartnerslaw.com
ATTORNEY TO BE NOTICED
Andrew T Campbell
CAMPBELL PARTNERS
505 North 20th Street, Suite 1600
Birmingham, AL 35203
205−224−0750
Email: todd@campbellpartnerslaw.com
ATTORNEY TO BE NOTICED
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Andrew D Kaplan
CROWELL & MORING LLP
1001 Pennsylvania Ave NW
Washington, DC 20004
202−624−2500
Fax: 202−628−5116
Email: akaplan@crowell.com
TERMINATED: 02/01/2016
Andrew W Martin , Jr
ARMBRECHT JACKSON LLP
PO Box 290
Mobile, AL 36601
251−405−1287
Fax: 251−432−6843
Email: awm@ajlaw.com
TERMINATED: 04/24/2013
Anna M Clark
PHILLIPS LYTLE LLP
620 Eighth Avenue 23rd Floor
New York, NY 10018
212−759−4888
Fax: 212−308−9079
Email: aclark@phillipslytle.com
ATTORNEY TO BE NOTICED
Anne Salomon
KIRKLAND & ELLIS LLP
300 N LaSalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: anne.salomon@kirkland.com
ATTORNEY TO BE NOTICED
Anthony F Shelley
MILLER & CHEVALIER
900 SIXTEENTH ST. NW
900 SIXTEENTH ST. NW
Washington, DC 20006
United Sta
202−626−5924
Fax: 202−626−5801
Email: ashelley@milchev.com
ATTORNEY TO BE NOTICED
Antonio M Clayton
CLAYTON & FRUGE
3741 LA Highway 1 South
Port Allen, LA 70767
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225−344−7000
Fax: 225−383−7631
Email: tclaytonlaw@aol.com
ATTORNEY TO BE NOTICED
April N Ross
CROWELL & MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
205−624−2500
Fax: 205−628−5116
Email: aross@crowell.com
ATTORNEY TO BE NOTICED
Arthur Patrick Fritzinger
COZEN O'CONNOR
1900 Market Street
Philadelphia, PA 19103
215−665−7264
Email: afritzinger@cozen.com
ATTORNEY TO BE NOTICED
Ashley M Lowe
Baker, Donelson, Bearman, Caldwell &
Berkowitz, PC (Knox)
265 Brookview Centre Way
Suite 600
Knoxville, TN 37919
865−549−7000
Fax: 865−633−7207
ATTORNEY TO BE NOTICED
Brian Justin Kapatkin
FOLEY & LARDNER LLP
3000 K Street NW
Suite 600
Washington, DC 20007
202−945−6054
Email: bkapatkin@foley.com
TERMINATED: 09/20/2018
ATTORNEY TO BE NOTICED
Brian P Kappel
LIGHTFOOT FRANKLIN & WHITE
LLC
400 20th Street North
Birmingham, AL 35203
205−581−0700
Fax: 205−581−0799
Email: bkappel@lightfootlaw.com
TERMINATED: 08/22/2022
ATTORNEY TO BE NOTICED
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Brian K Norman
SHAMOUN & NORMAN LLP
1800 Valley View Lane Suite 200
Farmers Branch, TX 75234
214−987−1745
Fax: 214−521−9033
Email: bkn@snlegal.com
ATTORNEY TO BE NOTICED
Bruce F Rogers
BAINBRIDGE MIMS ROGERS &
SMITH LLP
600 Luckie Drive
Suite 415
PO Box 530886
Birmingham, AL 35253
205−879−1100
Fax: 205−879−4300
Email: brogers@bainbridgemims.com
ATTORNEY TO BE NOTICED
Carl S Burkhalter
MAYNARD COOPER & GALE PC
AmSouth Harbert Plaza, Suite 2400
1901 6th Avenue North
Birmingham, AL 35203−2618
254−1000
Email: cburkhalter@maynardcooper.com
ATTORNEY TO BE NOTICED
Carlos M Hernandez−Burgos
REICHARD & ESCALERA
PO Box 364148
San Juan, PR 00936−4148
787−777−8819
Fax: 787−765−4225
Email: hernandezc@reichardescalera.com
TERMINATED: 06/29/2016
Casey R Fronk
KIRKLAND & ELLIS LLP
300 North Lasalle
Chicago, IL 60654
312−862−3084
Fax: 312−862−2200
Email: cfronk@kirkland.com
TERMINATED: 09/24/2020
ATTORNEY TO BE NOTICED
Cavender C Kimble
BALCH & BINGHAM LLP
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PO Box 306
1901 6th Avenue N, Suite 1500
Birmingham, AL 35201−0306
205−226−3437
Fax: 205−488−5860
Email: ckimble@balch.com
ATTORNEY TO BE NOTICED
Chad Dwight Hansen
Kilpatrick Townsend & Stockton LLP
1001 W Fourth Street
Winston−Salem, NC 27101
336−607−7352
Fax: 336−734−2780
ATTORNEY TO BE NOTICED
Charles A. O'Brien , III
P.O. Box 98029
5525 Reitz Avenue
Baton Rouge, LA 70898−9029
225−295−2454
Fax: 225−297−2760 FAX
ATTORNEY TO BE NOTICED
Charles L Sweeris
BLUE SHIELD OF CALIFORNIA
50 Beale Street, 22nd Floor
San Francisco, CA 94105
415−229−5107
Fax: 415−229−5343
Email: charles.sweeris@blueshieldca.com
TERMINATED: 12/20/2019
ATTORNEY TO BE NOTICED
Cheri D Green
BRUNINI GRANTHAM GROWER &
HEWES PLLC
190 E Capitol Street
Suite 100
Jackson, MS 39201
601−960−6864
Email: CDGreen@bcbsms.com
ATTORNEY TO BE NOTICED
Christa C Cottrell
KIRKLAND & ELLIS LLP
300 North Lasalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: ccottrell@kirkland.com
ATTORNEY TO BE NOTICED
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Christine Varney
CRAVATH SWAINE & MOORE
825 8th Avenue
New York, NY 10019
212−474−1000
Email: cvarney@cravath.com
ATTORNEY TO BE NOTICED
Christopher G Scanlon
FAEGRE BAKER DANIELS LLP −
Indianapolis
300 North Meridian Street
Suite 2700
Indianapolis, IN 46204
(317)237−0300
Fax: (317)237−1000
ATTORNEY TO BE NOTICED
Christopher A Shapley
BRUNINI GRANTHAM GROWER &
HEWES PLLC
284 E Capitol Street, Suite 1400
PO Drawer 119
Jackson, MS 39201
601−948−3101
Fax: 601−960−6902
Email: cshapley@brunini.com
TERMINATED: 09/26/2018
ATTORNEY TO BE NOTICED
Courtney B Green
GREENBERG TRAURIG PA
333 S. E. 2nd Avenue
Miami, FL 33131
305−579−0681
Fax: 305−961−5681
Email: greenco@gtlaw.com
TERMINATED: 09/03/2018
ATTORNEY TO BE NOTICED
Craig A Hoover
HOGAN LOVELLS US LLP
555 13th Street
Washington, DC 20004
202−637−5694
Fax: 202−637−5910
Email: craig.hoover@hoganlovells.com
ATTORNEY TO BE NOTICED
D Keith Andress
BAKER DONELSON BEARMAN
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CALDWELL & BERKOWITZ PC
420 North 20th Street, Suite 1400
1400 Wells Fargo Tower
Birmingham, AL 35203
205−328−0480
Fax: 205−488−3846
Email: kandress@bakerdonelson.com
TERMINATED: 04/20/2017
D Bruce Hoffman
HUNTON & WILLIAMS LLP
2200 Pennsylvania Ave NW
Washington, DC 20037
202−955−1619
Fax: 202−778−2201
Email: bhoffman@hunton.com
TERMINATED: 08/07/2017
D Kent Meyers
Crowe & Dunlevy−OKC
20 N Broadway Ave
Suite 1800
Oklahoma City, OK 73102
405−235−7729
Fax: 405−272−5245
ATTORNEY TO BE NOTICED
Daniel E Laytin
KIRKLAND & ELLIS LLP
300 North LaSalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: daniel.laytin@kirkland.com
ATTORNEY TO BE NOTICED
Daniel R Taylor , Jr.
KILPATRICK TOWNSEND &
STOCKTON LLP
1001 West Fourth Street
Winston Salem, NC 27101
336−607−7300
Fax: 336−607−7500
Email: dantaylor@kilpatricktownsend.com
ATTORNEY TO BE NOTICED
David A Coulson
GREENBERG TRAURIG PA
333 S. E. 2nd Avenue
Miami, FL 33131
305−579−0754
Fax: 305−961−5754
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Email: coulsond@gtlaw.com
ATTORNEY TO BE NOTICED
David Newmann
HOGAN LOVELLS US LLP
1835 Market Street 29th Floor
Philadelphia, PA 19103
267−675−4600
Fax: 267−675−4601
Email: david.newmann@hoganlovells.com
ATTORNEY TO BE NOTICED
David J Zott
Kirkland & Ellis LLP
300 North LaSalle
Chicago, IL 60654
312.862.2000
Fax: 312.862.2200
Email: david.zott@kirkland.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Devin Clarke Dolive
BURR & FORMAN LLP
420 North 20th Street, Suite 3400
Birmingham, AL 35203
205−251−3000
Fax: 205−458−5100
Email: ddolive@burr.com
ATTORNEY TO BE NOTICED
Douglass C.E. Farnsley
STITES & HARBISON PLLC
400 W. Market Street, Suite 1800
Louisville, KY 40202
502−587−3400
Fax: 502−779−8268
Email: dfarnsley@stites.com
ATTORNEY TO BE NOTICED
E Desmond Hogan
HOGAN LOVELLS US LLP
555 13th Street
Washington, DC 20004
202−637−5493
Fax: 202−637−5910
Email: desmond.hogan@hoganlovells.com
ATTORNEY TO BE NOTICED
Edward S Bloomberg
PHILLIPS LYTLE LLP
One Canalside
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125 Main Street
Buffalo, NY 14203−2887
716−847−8400
Fax: 716−852−6100
Email: EBloomberg@phillipslytle.com
ATTORNEY TO BE NOTICED
Elizabeth A Jose
HOGAN LOVELLS US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
202−637−5460
Fax: 202−637−5910
Email: elizabeth.jose@hoganlovells.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Elizabeth Barnett LaBauve
Crowe & Dunlevy−OKC
20 N Broadway Ave
Suite 1800
Oklahoma City, OK 73102
405−239−6608
Fax: 405−272−5247
ATTORNEY TO BE NOTICED
Emily M Yinger
HOGAN LOVELLS US LLP
8350 Broad Street
17th Floor
Tysons, VA 22102
703−610−6100
Fax: 703−610−6200
Email: emily.yinger@hoganlovells.com
ATTORNEY TO BE NOTICED
Eric White
KIRKLAND & ELLIS LLP
300 N LaSalle
Chicago, IL 60654
312−862−2992
Email: eric.white@kirkland.com
ATTORNEY TO BE NOTICED
Erica Zolner
KIRKLAND & ELLIS LLP
300 N. Lasalle Street
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: erica.zolner@kirkland.com
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TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Erik F Benny
FOLEY & LARDNER LLP
3000 K St NW
Washington, DC 20007
202−295−4144
Fax: 202−672−5399
Email: ebenny@foley.com
TERMINATED: 08/14/2018
ATTORNEY TO BE NOTICED
Erin M Wilson
LANE POWELL PC
1420 Fifth Avenue
Suite 4100
Seattle, WA 98101−2338
206−223−7432
Fax: 206−223−7107
Email: wilsonem@lanepowell.com
ATTORNEY TO BE NOTICED
Evan Chesler
CRAVATH SWAINE & MOORE
825 8th Avenue
New York, NY 10019
212−474−1000
Email: EChesler@cravath.com
ATTORNEY TO BE NOTICED
Gary M London
BURR & FORMAN LLP
Southtrust Tower, Suite 3100
420 North 20th Street
Birmingham, AL 35203
251−3000
Fax: 458−5100
Email: glondon@burr.com
ATTORNEY TO BE NOTICED
Gary C Shockley
Baker, Donelson, Bearman & Caldwell −
Nashville
511 Union Street
Suite 1700
Nashville, TN 37219
615−726−5600
Fax: 615−744−5704
ATTORNEY TO BE NOTICED
Gordon S Rather , Jr.
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WRIGHT LINDSEY & JENNINGS LLP
200 West Capitol Avenue
Suite 2300
Little Rock, AR 72201
501−371−0808
Fax: 501−376−9442
Email: grather@wlj.com
TERMINATED: 04/10/2014
Grace Robinson Murphy
MAYNARD COOPER & GALE PC
1901 6th Avenue North
AmSouth Harbert Plaza, Suite 2400
Birmingham, AL 35203−2618
205−254−1170
Fax: 205−254−6388
Email: gmurphy@maynardcooper.com
ATTORNEY TO BE NOTICED
Gregory Haynes
Wyatt, Tarrant & Combs LLP − Louisville
500 West Jefferson Street, Suite 2800
Louisville, KY 40202−2898
502−562−7363
Fax: 502−589−0309
ATTORNEY TO BE NOTICED
Gustavo Adolfo Pabon Rico
REICHARD & ESCALERA LLP
MCS Plaza, 10th Floor, 255 Ponce de Len
Ave.,
San Juan, PR 00917−1913
787−777−8819
Fax: 787−765−4225
Email: pabong@reichardescalera.com
ATTORNEY TO BE NOTICED
Gwendolyn C Payton
Kilpatrick Townsend & Stockton LLP
1420 5th Ave.
Suite 3700
Seattle, WA 98101
206−467−9600
Fax: 206−623−6793
Email: gpayton@kilpatricktownsend.com
ATTORNEY TO BE NOTICED
Helen E Witt
KIRKLAND & ELLIS LLP
300 North LaSalle St
Chicago, IL 60654
312−862−2148
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Fax: 312−862−2200
Email: hwitt@kirkland.com
ATTORNEY TO BE NOTICED
Henry James Koch
ARMBRECHT JACKSON LLP
PO Box 290
Mobile, AL 36601
251−405−1300
Fax: 251−432−6843
Email: hjk@ajlaw.com
TERMINATED: 08/24/2022
ATTORNEY TO BE NOTICED
Honor R Costello
CROWELL & MORING LLP
590 Madison Avenue
New York, NY 10022
212−803−4064
Fax: 212−223−4134
Email: hcostello@crowell.com
TERMINATED: 08/16/2022
ATTORNEY TO BE NOTICED
Ian R Conner
KIRKLAND & ELLIS LLP
655 Fifteenth Street, NW
Washington, DC 20005
202−879−5000
Fax: 202−879−5200
Email: ian.conner@kirkland.com
TERMINATED: 09/08/2017
ATTORNEY TO BE NOTICED
J Bentley Owens , III
ELLIS HEAD OWENS & JUSTICE
PO Box 587
Columbiana, AL 35051
205−669−6783
Fax: 205−669−4932
Email: bowens@wefhlaw.com
ATTORNEY TO BE NOTICED
J Robert Robertson
HOGAN LOVELLS US LLP
555 13th Street NW
Washington, DC 20004
202−637−5600
Fax: 202−637−5910
Email: robby.robertson@hoganlovells.com
TERMINATED: 06/08/2018
ATTORNEY TO BE NOTICED
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JEREMY D. FEINSTEIN
REED SMITH LLP
REED SMITH CENTRE
225 FIFTH AVE
PITTSBURGH, PA 15222−2716
412−288−7972
ATTORNEY TO BE NOTICED
Jacob Joel Franz
MAYNARD, COOPER & GALE, PC
1901 Sixth Avenue North, Ste. 2400
Birmingham, Al 35203
205−254−1983
Fax: 205−254−1999
Email: jfranz@maynardcooper.com
TERMINATED: 09/18/2017
James A McCullough , II
BRUNINI GRANTHAM GROWER &
HEWES PLLC
190 E Capitol Street Suite 100
Jackson, MS 39201
601−948−3101
Fax: 601−960−6902
Email: jmccullough@brunini.com
ATTORNEY TO BE NOTICED
James L Priester
MAYNARD COOPER GALE PC
1901 6th Avenue North
Suite 2400
Birmingham, AL 35203
205−254−1052
Fax: 205−254−1999
Email: jpriester@maynardcooper.com
TERMINATED: 01/05/2022
ATTORNEY TO BE NOTICED
James M Terrell
(See above for address)
ATTORNEY TO BE NOTICED
James Thomas Williams , Jr.
Brooks, Pierce, McLendon, Humphrey &
Leonard, LLP
230 North Elm Street, Suite 2000 [27401]
P. O. Box 26000
Greensboro, NC 27420−6000
336−271−3107
Fax: 336−232−9107
ATTORNEY TO BE NOTICED
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Jarod M Taylor
AXINN VELTROP & HARKRIDER LLP
90 State House Square
Hartford, CT 06103
860−275−8109
Fax: 860−275−8101
Email: jtaylor@axinn.com
ATTORNEY TO BE NOTICED
Jason Gourley
BODMAN PLC
1901 Saint Antoine Street
Detroit, MI 48226
313−392−1063
Fax: 313−393−7579
Email: jgourley@bodmanlaw.com
ATTORNEY TO BE NOTICED
Jeffrey J Zeiger
KIRKLAND & ELLIS, LLP
300 North LaSalle
Chicago, IL 60654
312−862−3237
Email: jeffrey.zeiger@kirkland.com
ATTORNEY TO BE NOTICED
Jennifer Kay Van Zant
BROOKS PIERCE MCLENDON
HUMPHREY & LEONARD, LLP
230 N. Elm Street, Suite 2000
Greensboro, NC 27420
336−271−3132
Fax: 336−232−9132
Email: jvanzant@brookspierce.com
PRO HAC VICE
Jeny M Maier
AXINN, VELTROP & HARKRIDER LLP
950 F Street, N.W.
Washington, DC 20004
202−469−3532
Fax: 202−912−4701
Email: jmaier@axinn.com
ATTORNEY TO BE NOTICED
Jess Randall Nix
SPOTSWOOD SANSOM & SANSBURY
LLC
505 20th Street North, Ste 700
Birmingham, AL 35203
205−986−3620
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Fax: 205−986−3639
Email: jnix@spotswoodllc.com
ATTORNEY TO BE NOTICED
Jessica Staiger
KIRKLAND & ELLIS LLP
300 North Lasalle
Chicago, IL 60654
312−862−2000
Fax: 312−962−2200
Email: jessica.staiger@kirkland.com
TERMINATED: 04/11/2019
ATTORNEY TO BE NOTICED
John D Briggs
AXINN VELTROP HARKRIDER LLP
950 F Street NW
Washington, DC 20004
202−912−4700
Email: jdb@avhlaw.com
ATTORNEY TO BE NOTICED
John Stone Campbell , III
Taylor, Porter, Brooks & Phillips
P. O. Box 2471
Baton Rouge, LA 70821
225−387−3221
Fax: 225−346−8049 FAX
ATTORNEY TO BE NOTICED
John M Johnson
LIGHTFOOT FRANKLIN & WHITE
LLC
400 20th Street North
Birmingham, AL 35203
205−581−0700
Fax: 205−581−0799
Email: jjohnson@lightfootlaw.com
TERMINATED: 08/22/2022
ATTORNEY TO BE NOTICED
John T A Malatesta , III
MAYNARD COOPER GALE PC
AmSouth Harbert Plaza, Suite 2400
1901 Sixth Avenue North
2400 Regions/Harbert Plaza
Birmingham, AL 35203−2618
205−254−1000
Fax: 205−254−1999
Email: jmalatesta@maynardcooper.com
ATTORNEY TO BE NOTICED
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John Martin
NELSON MULLINS RILEY &
SCARBOROUGH LLP
1320 Main Street, 17th Floor
Columbia, SC 29201
803−255−9421
Fax: 803−255−9054
Email: john.martin@nelsonmullins.com
ATTORNEY TO BE NOTICED
John Gary Maynard
HUNTON & WILLIAMS LLP
951 E Byrd Street
Richmond, VA 23219
804−788−8772
Fax: 804−788−8218
Email: jgmaynard@hunton.com
ATTORNEY TO BE NOTICED
John W Reis
(See above for address)
ATTORNEY TO BE NOTICED
John G Schmidt , Jr
PHILLIPS LYTLE LLP
125 Main Street One Canalside
Buffalo, NY 14203−2887
716−847−7095
Fax: 716−852−6100
Email: jschmidt@phillipslytle.com
ATTORNEY TO BE NOTICED
Jonathan M Redgrave
REDGRAVE LLP
14555 Avion Parkway
Suite 275
Chantilly, VA 20151
703.592.1155
Fax: 612−332−8915
Email: jredgrave@redgravellp.com
ATTORNEY TO BE NOTICED
Joshua K Payne
SPOTSWOOD SANSOM & SANSBURY
LLC
505 20th Street North Suite 700
Birmingham, AL 35203
205−986−3620
Fax: 205−986−3639
Email: jpayne@spotswoodllc.com
ATTORNEY TO BE NOTICED
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Kail J Jethmalani
AXINN, VELTROP & HARKRIDER LLP
114 West 47th Street
New York, NY 10036
212−261−5649
Fax: 212−728−2201
Email: kjethmalani@axinn.com
ATTORNEY TO BE NOTICED
Karin DeMasi
CRAVATH SWAINE & MOORE LLP
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
212−474−1059
Fax: 212−474−3700
Email: kdemasi@cravath.com
ATTORNEY TO BE NOTICED
Kathleen Taylor Sooy
CROWELL AND MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
202−624−2500
Fax: 202−628−5116
Email: ksooy@crowell.com
ATTORNEY TO BE NOTICED
Kenina Lee
AXINN VELTROP & HARKRIDER LLP
950 F St. NW
Washington, DC 20004
202−912−4700
Email: kjl@avhlaw.com
ATTORNEY TO BE NOTICED
Kimberly R West
WALLACE JORDAN RATLIFF &
BRANDT LLC
P.o. Box 530910
Birmingham, AL 35253
205−870−0555
Fax: 205−871−7534
Email: kwest@wallacejordan.com
ATTORNEY TO BE NOTICED
Kristen Jordana Gillis
MEANS GILLIS LAW, PC
60 Commerce Street , Suite 200
P.O. Box 5058
Montgomery, AL 36103
334−277−7679
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Fax: 334−260−9396
Email: kjgillis@meansgillislaw.com
ATTORNEY TO BE NOTICED
L. Adam Thames
Taylor, Porter, Brooks & Phillips
P. O. Box 2471
Baton Rouge, LA 70821
225−381−0272
Fax: 225−346−8049
ATTORNEY TO BE NOTICED
Lauren R Kennedy
(See above for address)
ATTORNEY TO BE NOTICED
Lezlie Madden
COZEN O'CONNOR
1900 Market Street
Philadelphia, PA 19103
215−665−7286
Email: lmadden@cozen.com
ATTORNEY TO BE NOTICED
Lucile Cohen
NELSON MULLINS RILEY&
SCARBOROUGH LLP
1320 Main Street 17th Floor
Columbia, SC 29201
803−225−9332
Fax: 803−225−5922
Email: lucie.cohen@nelsonmullins.com
ATTORNEY TO BE NOTICED
M Patrick McDowell
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED
Margaret Pepple
Quinn Emanuel Urquhart & Sullivan, LLP
500 West Madison
Suite 2450
Chicago, Il 60661
(312) 705−7400
Email: margaret.pepple@kirkland.com
TERMINATED: 06/15/2016
Margot Miller
CRAVATH SWAINE & MOORE
825 8th Avenue
New York, NY 10019
69
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212−474−1000
Email: mamiller@cravath.com
ATTORNEY TO BE NOTICED
Mark Montgomery Hogewood
WALLACE JORDAN RATLIFF &
BRANDT, LLC
800 Shades Creek Parkway, Ste. 400
Birmingham, AL 35209
205−870−0555
Fax: 205−871−7534
Email: mhogewood@wallacejordan.com
ATTORNEY TO BE NOTICED
Mark Edward McKane
Kirkland and Ellis
555 California Street, Suite 2700
San Francisco, CA 94104
415−439−1473
ATTORNEY TO BE NOTICED
Mary Godwin Menge
SPOTSWOOD, SANSOM &
SANSBURY, LLC
One Federal Place 1819 Fifth Avenue
North, Suite 1050
Birmingham, AL 35203
205−278−1503
Fax: 205−986−3639
Email: mmenge@spotswoodllc.com
TERMINATED: 08/27/2019
ATTORNEY TO BE NOTICED
Mary C St John
BLUE SHILED OF CALIFORNIA
50 Beale Street, 22nd Floor
San Francisco, CA 94105
415−229−5021
Fax: 415−229−5343
Email: Marcy.St.John@blueshieldca.com
ATTORNEY TO BE NOTICED
Matthew L Bleich
COZEN O'CONNOR
One Liberty Place
1650 Market Street
Suite 2800
Philadelphia, PA 19103
215−665−6918
Fax: 215−701−2210
Email: mbleich@cozen.com
ATTORNEY TO BE NOTICED
70
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Matthew G White
BAKER DONELSON BEARMAN
CALDWELL & BERKOWITZ− Memphis
First Tennessee Bank Building
165 Madison Ave.
Ste. 2000
Memphis, TN 38103
901−577−8182
Fax: 901−577−0724
ATTORNEY TO BE NOTICED
Michael Paul Fruge
CLAYTON & FRUGE
3741 LA Highway 1 South
Port Allen, LA 70767
225−344−7000
Fax: 225−383−7631
Email: michaelfruge@claytonfrugelaw.com
ATTORNEY TO BE NOTICED
Michael Wyld Lieberman
Crowell & Moring LLP
1001 Pennsylvania Ave., NW
Washington, DC 20004
202−624−2776
Fax: 202−628−5116
Email: MLieberman@crowell.com
TERMINATED: 08/16/2022
ATTORNEY TO BE NOTICED
Michael A Naranjo
FOLEY & LARDNER LLP
555 California Street, 17th Floor
San Francisco, CA 94589
415−984−9847
Fax: 415−434−4507
Email: mnaranjo@foley.com
ATTORNEY TO BE NOTICED
Michael Sansbury
SPOTSWOOD SANSOM & SANSBURY
LLC
1819 5th Avenue North
Suite 1050
Birmingham, AL 35203
205−986−3620
Fax: 986−3639
Email: msansbury@spotswoodllc.com
ATTORNEY TO BE NOTICED
Morgan Brooke Franz
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SPOTSWOOD SANSOM & SANSBURY
1819 Fifth Ave. North, Suite 1050
Birmingham, AL 35203
205−986−3635
Email: mfranz@spotswoodllc.com
ATTORNEY TO BE NOTICED
N Thomas Connally , III
HOGAN LOVELLS US LLP
8350 Broad Street
17th Floor
Tysons, VA 22102
703−610−6100
Fax: 703−610−6200
Email: tom.connally@hoganlovells.com
ATTORNEY TO BE NOTICED
Norman E Bailey , Jr
Brunini Grantham Grower & Hewes PLLC
190 E Capitol Street Suite 100
Jackson, MS 39201
601−948−3101
Fax: 601−960−6902
Email: bbailey@brunini.com
ATTORNEY TO BE NOTICED
Pamela B Slate
HILL HILL CARTER FRANCO COLE &
BLACK PC
425 S Perry Street
Montgomery, AL 36104
334−834−7600
Fax: 334−386−4381
Email: pslate@hillhillcarter.com
ATTORNEY TO BE NOTICED
Paul K Leary , Jr
COZEN O'CONNOR
1900 Market St
Philadelphia, PA 19103
215−665−6911
Fax: 215−665−2013
Email: pleary@cozen.com
Paul A. Wolfla
FAEGRE BAKER DANIELS LLP −
Indianapolis
300 North Meridian Street
Suite 2700
Indianapolis, IN 46204
(317) 237−0300
Fax: (317) 237−1000
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Pedro Santiago−Rivera
REICHARD & ESCALERA
255 Ponce De Leon Ave.
MCS Plaza, Tenth Floor
San Juan 00917−1913
P Rico
787−777−8888
Fax: 787−765−4225
Email: santiagopedro@reichardescalera.com
TERMINATED: 04/06/2015
Peter W Zuger
SERKLAND LAW FIRM
PO BOX 6017
FARGO, ND 58108−6017
701−232−8957
Email: pzuger@serklandlaw.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
R Mark Glover
BAKER DONELSON BEARMAN
CALDWELL & BERKOWITZ− Memphis
First Tennessee Bank Building
165 Madison Ave.
Ste. 2000
Memphis, TN 38103
901−526−2000
Fax: 901−577−2303
ATTORNEY TO BE NOTICED
R David Kaufman
BRUNINI GRANTHAM GROWER &
HEWES PLLC
190 E Capitol Street, Suite 100
Jackson, MS 39201
601−948−3101
Fax: 601−960−6902
Email: dkaufman@brunini.com
ATTORNEY TO BE NOTICED
Rachel J Adcox
AXINN VELTROP HARKRIDER LLP
950 F Street NW
Washington, DC 20004
202−912−4700
Fax: 202−912−4701
Email: rja@avhlaw.com
ATTORNEY TO BE NOTICED
Rafael Escalera−Rodriguez
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REICHARD & ESCALERA
255 Ponce De Leon Ave.
MCS Plaza, Tenth Floor
San Juan 00917−1913
P. Rico
787−777−8888
Fax: 787−765−4225
Email: escalera@reichardescalera.com
ATTORNEY TO BE NOTICED
Randall D Noel
(See above for address)
TERMINATED: 11/08/2013
Robert F Leibenluft
Hogan Lovells US LLP
Columbia Square
555 Thirteenth Street, NW
Washington, DC 20004
202−637−5789
Fax: 202−637−5910
PRO HAC VICE
ATTORNEY TO BE NOTICED
Robert R Riley , Jr
RILEY & JACKSON PC
3530 Independence Drive
Birmingham, AL 35209
205−879−5000
Fax: 205−879−5901
Email: rob@rileyjacksonlaw.com
ATTORNEY TO BE NOTICED
Robert K Spotswood
SPOTSWOOD SANSOM & SANSBURY
LLC
1819 5th Avenue North
Suite 1050
Birmingham, AL 35203
205−986−3620
Fax: 205−986−3639
Email: rks@spotswoodllc.com
ATTORNEY TO BE NOTICED
Rowan D Wilson
CRAVATH SWAINE & MOORE LLP
Worldwide Plaza
825 Eighth Avenue
New York, NY 10019
212−474−1000
Fax: 212−474−3700
Email: rwilson@cravath.com
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SHANNON ELISE MCCLURE
REED SMITH LLP
2500 ONE LIBERTY PLACE
1650 MARKET ST.
PHILADELPHIA, PA 19103
215−851−8226
ATTORNEY TO BE NOTICED
STEPHEN A. LONEY , JR.
HOGAN & HARTSON
1835 MARKET ST.
PHILADELPHIA, PA 19103
267−675−4677
Fax: 215−988−2757
ATTORNEY TO BE NOTICED
Samantha A Robbins
FOLEY & LARDNER LLP
3000 K St NW
Washington, DC 20007
202−295−4776
Fax: 202−672−5399
Email: srobbins@foley.com
ATTORNEY TO BE NOTICED
Samuel Andrew Diddle
EBERLE BERLIN KADING TURNBOW
& MCKLVEEN
POB 1368
Boise, ID 83701
(208) 344−8535
ATTORNEY TO BE NOTICED
Sarah Lynn Cylkowski
BODMAN PLC
1901 Saint Antoine Street
Detroit, MI 48226
313−392−1077
Fax: 313−259−7579
Email: scylkowski@bodmanlaw.com
ATTORNEY TO BE NOTICED
Sarah J Donnell
KIRKLAND & ELLIS LLP
300 North Lasalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: sdonnell@kirkland.com
ATTORNEY TO BE NOTICED
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Sarah S Glover
MAYNARD COOPER & GALE PC
1901 Sixth Avenue North
Suite 2400
Birmingham, AL 35203
205−254−1877
Fax: 205−254−1999
Email: sglover@maynardcooper.com
ATTORNEY TO BE NOTICED
Scott S Brown
Mixon Firm, LLC
2 Perimeter Park South, Ste. 550E
Birmingham, AL 35243
205−259−6633
Fax: 877−334−9603
Email: sbrown@mixonfirm.com
ATTORNEY TO BE NOTICED
Scott A Irby
WRIGHT LINDSEY & JENNINGS LLP
200 West Capitol Avenue
Suite 2300
Little Rock, AR 72201
501−371−0808
Fax: 501−376−9442
Email: sirby@wlj.com
TERMINATED: 04/10/2014
Scott F Singley
BRUNINI GRANTHAM GROWER &
HEWES PLLC
410 Main Street
PO Box 7520
Columbus, MS 39705
662−240−9744
Fax: 662−240−4127
Email: ssingley@brunini.com
ATTORNEY TO BE NOTICED
Stephen A Rowe
ADAMS & REESE LLP
1901 6th Avenue North
Suite 3000
Birmingham, AL 35203
205−250−5000
Fax: 205−250−5034
Email: steve.rowe@arlaw.com
ATTORNEY TO BE NOTICED
Stephen D Wadsworth
CAMPBELL PARTNERS
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505 North 20th Street Suite 1600
Birmingham, AL 35203
2055206723
Email: Stephen.wadsworth@usdoj.gov
TERMINATED: 05/17/2019
ATTORNEY TO BE NOTICED
Susan Smelcer
AXINN VELTROP & HARKRIDER
950 F Street NW
Washington, DC 20005
202−469−3537
Fax: 202−912−4701
Email: ssmelcer@axinn.com
TERMINATED: 04/29/2019
ATTORNEY TO BE NOTICED
Sylvia Maria Arizmendi
REICHARD & ESCALERA
255 Ponce de Leon Ave. Hato Rey
San Juan, PR
939−397−3879
Fax: 787−765−4225
Email: arizmendis@reichardescalera.com
ATTORNEY TO BE NOTICED
Theresa (Tess) S Gee
MILLER & CHEVALIER CHARTERED
900 Sixteenth St. NW
Washington, DC 20006
202−626−5928
Fax: 202−626−5801
Email: tgee@milchev.com
ATTORNEY TO BE NOTICED
Thomas J Rheaume , Jr.
BODMAN PLC
1901 St Antoine 6th Floor at Ford Field
Detroit, MI 48226
313−392−1074
Email: trheaume@bodmanlaw.com
ATTORNEY TO BE NOTICED
Todd M Stenerson
Shearman & Sterling LLP
401 9th Street, NW
Suite 800
Washington, DC 20004−2128
United Sta
202−508−8093
Fax: 205−508−8100
Email: todd.stenerson@shearman.com
77
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ATTORNEY TO BE NOTICED
Tracy A Roman
CROWELL AND MORING LLP
1001 Pennsylvania Avenue NW
Washington, DC 20004
202−624−2500
Fax: 202−628−5116
Email: troman@crowell.com
ATTORNEY TO BE NOTICED
Tyrone Carlton Means
MEANS GILLIS LAW LLC
60 Commerce Street, Ste. 200
Montgomery, AL 36104
334−270−1033
Fax: 334−260−9396
Email: tcmeans@meansgillislaw.com
ATTORNEY TO BE NOTICED
Victoria Ann Redgrave
REDGRAVE LLP
601 Pennsylvania Ave
Washington, DC 20004
202−681−2505
Fax: 612−332−8915
Email: awelbon@redgravellp.com
ATTORNEY TO BE NOTICED
Yawanna Nabors McDonald
CAMPBELL PARTNERS
505 North 20th Street Suite 1600
Birmingham, AL 35203
205−224−0756
Fax: 205−383−2646
Email: yawanna@campbellpartnerslaw.com
ATTORNEY TO BE NOTICED
Zach Holmstead
KIRKLAND & ELLIS LLP
300 North Lasalle
Chicago, IL 60654
312−862−2000
Fax: 312−862−2200
Email: zachary.holmstead@kirkland.com
ATTORNEY TO BE NOTICED
Zachary W Best
HOGAN LOVELLS US LLP
555 13th Street NW
Washington, DC 20004
202−637−5600
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Fax: 202−637−5910
Email: zachary.best@hoganlovells.com
TERMINATED: 02/27/2020
ATTORNEY TO BE NOTICED
Defendant
Anthem, Inc.
represented by Claudine Columbres
WHITE & CASE LLP
1221 Avenue of the Americas
New York, NY 10020
212−819−8200
Fax: 212−354−8113
Email: ccolumbres@whitecase.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Glenn M Kurtz
WHITE & CASE LLP
1221 Avenue of the Americas , NY 10020
212−819−8200
Fax: 212−354−8113
Email: gkurtz@whitecase.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Lucile Cohen
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Andrew W Hammond
WHITE & CASE LLP
1221 Avenue of the Americas
New York, NY 10020
212−819−8200
Fax: 212−354−8113
Email: ahammond@whitecase.com
ATTORNEY TO BE NOTICED
Edgar R Haden
BALCH & BINGHAM LLP
1901 6th Avenue North
Suite 1500
Birmingham, AL 35201
205−251−8100
Fax: 205−488−5648
Email: ehaden@balch.com
ATTORNEY TO BE NOTICED
Defendant
represented by
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Excellus Health Plan, Inc. d/b/a
Excellus BlueCrossBlueShield
John G Schmidt , Jr
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Stephen A Walsh
WEINBURG, WHEELER, HUDGINS,
GUNN & DIAL, LLC
100 Corporate Parkway
One Lake Level
Birmingham, AL 35242
205−572−4107
Fax: 205−572−4199
Email: swalsh@wwhgd.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Anna M Clark
(See above for address)
ATTORNEY TO BE NOTICED
Edward S Bloomberg
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Premera Blue Cross
represented by Gwendolyn C Payton
(See above for address)
LEAD ATTORNEY
Erin M Wilson
(See above for address)
TERMINATED: 07/18/2017
Defendant
Blue Cross Blue Shield of Arizona
represented by Blue Cross Blue Shield of Arizona
2444 West Las Palmaritas Drive
Phoenix, AZ 85021
PRO SE
Kathleen Taylor Sooy
(See above for address)
TERMINATED: 01/24/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah M. Gilbert
CROWELL & MORING LLP
590 Madison Ave., 20th Floor
New York, NY 10022
212−895−4226
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Email: sgilbert@crowell.com
TERMINATED: 01/24/2022
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Tracy A Roman
(See above for address)
TERMINATED: 01/24/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Health Care Service Corporation
represented by Jeffrey John Fowler
O'MELVENY & MYERS LLP
400 S. Hope Street
Los Angeles, CA 90071
213−430−6000
Fax: 213−430−6407
Email: JFowler@omm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Jeffrey J Zeiger
(See above for address)
ATTORNEY TO BE NOTICED
Mark Montgomery Hogewood
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Highmark Inc.
represented by Erica Zolner
(See above for address)
TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Kimberly R West
(See above for address)
ATTORNEY TO BE NOTICED
Syndey L Schneider
KIRKLAND & ELLIS LLP
81
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300 N. LaSalle
Chicago, IL 60654
312−862−3789
Fax: 312−862−2200
Email: sydney.schneider@kirkland.com
ATTORNEY TO BE NOTICED
Defendant
Blue Shield of California
represented by Casey R Fronk
(See above for address)
TERMINATED: 09/24/2020
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
TERMINATED: 06/22/2021
ATTORNEY TO BE NOTICED
Kimberly R West
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Blue Cross and Blue Shield of
Alabama
c/o Burr & Forman LLP
420 n 20th St
Ste 3400
Birmingham, AL 35203
represented by Luther M Dorr , Jr
MAYNARD COOPER & GALE PC
1901 6th Avenue North, Suite 2400
Birmingham, AL 35203−2618
205−254−1000
Fax: 254−1999
Email: rdorr@maynardcooper.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Robert S W Given
BURR & FORMAN LLP
420 North 20th Street
Southtrust Tower, Suite 3400
Birmingham, AL 35203
205−251−3000
Fax: 205−244−5645
Email: rgiven@burr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Carl S Burkhalter
(See above for address)
ATTORNEY TO BE NOTICED
Jacob Joel Franz
(See above for address)
TERMINATED: 09/18/2017
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James L Priester
(See above for address)
TERMINATED: 01/20/2022
John T A Malatesta , III
(See above for address)
ATTORNEY TO BE NOTICED
Winnifred Lewis
(See above for address)
TERMINATED: 07/11/2019
ATTORNEY TO BE NOTICED
Defendant
Caring for Montanans, Inc. f/k/a Blue
Cross and Blue Shield of Montana,
Inc.
represented by Jeffrey John Fowler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Erica Zolner
(See above for address)
TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Jeffrey J Zeiger
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Blue Cross Blue Shield Michigan
represented by Andrew Phillip Campbell
(See above for address)
ATTORNEY TO BE NOTICED
Cason M Kirby
CAMPBELL PARTNERS
505 20th Street North Suite 1600
Birmingham, AL 35203
205−224−0750
Email: cason@campbellpartnerslaw.com
ATTORNEY TO BE NOTICED
Defendant
Optuminsight, Inc.
Defendant
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Highmark West Virginia Inc.
represented by Erica Zolner
(See above for address)
TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Syndey L Schneider
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Highmark BCBSD Inc.
represented by Erica Zolner
(See above for address)
TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Syndey L Schneider
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
HealthNow New York, Inc. d/b/a
BlueCross BlueShield of Western New
York and BlueShield of Northeastern
New York
represented by HealthNow New York, Inc. d/b/a
BlueCross BlueShield of Western New
York and BlueShield of Northeastern
New York
PRO SE
Kathleen Taylor Sooy
(See above for address)
TERMINATED: 08/16/2022
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah M. Gilbert
(See above for address)
TERMINATED: 08/16/2022
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Tracy A Roman
(See above for address)
TERMINATED: 08/16/2022
LEAD ATTORNEY
84
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ATTORNEY TO BE NOTICED
Defendant
Blue Cross of Idaho Health Service
Incorporated
represented by Kathleen Taylor Sooy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah M. Gilbert
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Tracy A Roman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Blue Cross and Blue Shield of
Nebraksa
represented by Kathleen Taylor Sooy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah M. Gilbert
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Tracy A Roman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Blue Cross and Blue Shield of North
Dakota
Defendant
Blue Cross and Blue Shield of
Wyoming
represented by Kathleen Taylor Sooy
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Sarah M. Gilbert
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
85
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ATTORNEY TO BE NOTICED
Tracy A Roman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Triple−S Salud, Inc.
represented by Alyssa C Kalisky
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel E Laytin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
David J Zott
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Katie R Lencioni
KIRKLAND & ELLIS LLP
300 N LaSalle
Chicago, IL 60654
312−862−3655
Fax: 312−862−2200
Email: katie.lencioni@kirkland.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Gustavo Adolfo Pabon Rico
(See above for address)
ATTORNEY TO BE NOTICED
Lucile Cohen
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Cahaba Medical Care
Defendant
USAble Mutual Insurance Company
d/b/a Arkansas Blue Cross and Blue
Shield
represented by Brian Justin Kapatkin
(See above for address)
ATTORNEY TO BE NOTICED
86
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Defendant
Hospital Service Association of
Northeastern Pennsylvania d/b/a Blue
Cross of Northeastern Pennsylvania
represented by Erica Zolner
(See above for address)
TERMINATED: 07/22/2021
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
California Physicians Service d/b/a
Blue Shield of California
represented by Casey R Fronk
(See above for address)
TERMINATED: 09/24/2020
ATTORNEY TO BE NOTICED
Charles L Sweeris
(See above for address)
TERMINATED: 12/20/2019
ATTORNEY TO BE NOTICED
Helen E Witt
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Brett Watts
V.
Respondent
Baycare Health System, Inc.
Amicus
U.S. Department of Labor
represented by Eirik Cheverud
U.S. DEPARTMENT OF LABOR
Office of the Solicitor
200 Constitution Ave NW, N4611
Washington, DC 20210
202−693−5516
Email: cheverud.eirik.j@dol.gov
ATTORNEY TO BE NOTICED
Jeffrey M Hahn
U.S. DEPARTMENT OF LABOR
Office of the Solicitor
200 Constitution Ave. NW, Room N−4611
Washington, DC 20210
202−693−5695
87
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Email: hahn.jeffrey.m@dol.gov
ATTORNEY TO BE NOTICED
Wayne R Berry
U.S. DEPARTMENT OF LABOR
Office of the Solicitor
200 Constitution Ave. NW, Room N−4611
Washington, DC 20210
202−693−5585
Fax: 202−693−5610
Email: berry.wayne@dol.gov
ATTORNEY TO BE NOTICED
Date Filed
#
Page Docket Text
01/08/2013
1
TRANSFER ORDER from the Judicial Panel on MDL 2406 transferring 9
actions listed on schedule A to the Northern Distirct of Alabama.
(Attachments: # 1 Schedule with NDAL case numbers) [Deemed filed
12/26/2012 in case 2:12−cv−1133−RDP](AVC) (Entered: 01/08/2013)
01/08/2013
2
CONDITIONAL TRANSFER ORDER (CTO−1) from Judicial Panel on
MDL 2406 transferring 10 actions to the Northern District of Alabama listed
on the attached Schedule. (Attachments: # 1 CTO−1 Schedule with NDAL
case numbers)[deemed filed 12/26/2012 in case 2:12−cv−1133−RDP](AVC)
(Entered: 01/08/2013)
01/08/2013
3
CONDITIONAL TRANSFER ORDER (CTO−2) from Judicial Panel on
MDL 2406 transferring 3 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−2 Schedule with NDAL case numbers) [deemed
filed 1/2/2013 in case 2:12−cv−1133−RDP](AVC) (Entered: 01/08/2013)
01/08/2013
4
CONDITIONAL TRANSFER ORDER (CTO−3) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 CTO−3 Schedule with NDAL case numbers) [deemed
filed 1/3/2013 in case 2:12−cv−1133−RDP](AVC) (Entered: 01/08/2013)
01/09/2013
5
NOTICE of Filing by Plaintiffs' Counsel (Attachments: # 1 Exhibit
Complaint− Attachment A, # 2 Exhibit Notice of Filing− Attachment B)
[deemed filed 1/7/2013 in case 2:12−cv−1133−RDP](AVC) (Entered:
01/09/2013)
01/09/2013
6
CASE MANAGEMENT ORDER NO. 1 REGARDING INITIAL STATUS
CONFERENCE. Signed by Judge R David Proctor on 1/8/2013. (AVC)
(Entered: 01/09/2013)
01/09/2013
7
ORDER APPOINTING SPECIAL MASTER. Signed by Judge R David
Proctor on 1/9/2013. (AVC) (Entered: 01/09/2013)
01/15/2013
8
RESPONSE to re 5 NOTICE of Filing by Plaintiffs' Counsel filed by
Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoover,
Craig) (Entered: 01/15/2013)
01/22/2013
9
CONDITIONAL TRANSFER ORDER (CTO−4) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama.
88
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(Attachments: # 1 Schedule CTO−4 with NDAL case numbers)(AVC)
(Entered: 01/22/2013)
02/13/2013
10
CONDITIONAL TRANSFER ORDER (CTO−5) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 Schedule CTO−5 with NDAL case number)(AVC)
(Entered: 02/13/2013)
02/19/2013
11
PROVIDER PLAINTIFFS' Response to the Proposed Annotated Agenda for
the February 21,2013 Status Conference filed by Plaintiffs' Counsel.
(Whatley, Joe) Modified on 2/20/2013 (AVC). (Entered: 02/19/2013)
02/20/2013
12
PROVIDER PLAINTIFF Group's Response to the Proposed Annotaged
Agenda for the February 21, 2013 Status Conference by Plaintiffs' Counsel
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Hayes, Debra) Modified on 2/21/2013 (AVC). (Entered: 02/20/2013)
02/21/2013
13
ORDER −In light of the Transfer Order by the U.S. Judicial Panel on
Multidistrict Litigation and as discussed at the status conference held on this
date, this court will re−open applications for the Interim Lead Counsel
position. Applications and/or nominations must be filed with the Clerk's
office electronically within twenty−eight (28) days of the date of this order
and SHALL NOT exceed fifteen (15) pages. Signed by Judge R David
Proctor on 2/21/2013. (AVC) (Entered: 02/21/2013)
02/21/2013
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 2/21/2013. (Court Reporter Anita McCorvey.) (KLL)
(Entered: 02/25/2013)
02/26/2013
14
ORDER OF RECUSAL−The undersigned RECUSES from this action.
Signed by Magistrate Judge Madeline H Haikala on 2/26/2013. (AVC)
(Entered: 02/26/2013)
02/28/2013
15
ORDER APPOINTING PLAINTIFFS LIAISON COUNSEL AND
INVITING APPLICATIONS FOR PLAINTIFFS LEADERSHIP
COMMITTEE POSITIONS−It is ORDERED that Barry Ragsdale is
APPOINTED as Pltfs' Liaison Counsel and will serve as a non−voting
member of the to−be−formed Pltfs' Steering Committee. Applications for
Pltfs' Leadership Positions SHALL be filed with the Clerk's Office
electronically by 4/5/2013. The applications or nominations SHALL be
accompanied by a disclosure of any and all agreements between the applicant
and any other counsel in these consolidated cases related to the subject matter
of these cases. Applications and/or nominations SHALL NOT exceed fifteen
(15) pages. Signed by Judge R David Proctor on 2/28/2013. (AVC) (Entered:
02/28/2013)
03/05/2013
16
Transcript of Proceedings held on 2/21/2013, before Judge R. David Proctor.
Court Reporter/Transcriber Anita McCorvey, Telephone number
205−278−2063. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
89
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obtained at http://www.alnd.uscourts.gov/local/court
forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction
Policy Redaction Request due 3/26/2013. Redacted Transcript Deadline set
for 4/5/2013. Release of Transcript Restriction set for 6/3/2013. (AVC)
(Entered: 03/05/2013)
03/21/2013
17
APPLICATION of David Boies and William Isaacson to Serve as Interim
Lead Counsel for the Subscriber Track Actions by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Kiernan, Kathleen) Modified on 3/21/2013
(AVC). (Entered: 03/21/2013)
03/21/2013
18
MOTION to Appoint Provider Track Lead Counsel and Leadership Structure
by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9
Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13,
# 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit
22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27
Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit
31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36
Exhibit 36, # 37 Exhibit 37)(Whatley, Joe) Modified on 3/22/2013 (AVC).
(Entered: 03/21/2013)
03/26/2013
19
CONDITIONAL TRANSFER ORDER (CTO−6) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 Schedule CTO−6)(AVC) (Entered: 03/26/2013)
04/01/2013
20
TRANSFER ORDER from Judicial Panel on MDL 2406 transferring 1 action
to the Northern District of Alabama. (AVC) (Entered: 04/01/2013)
04/04/2013
21
MOTION to Appoint Counsel Plaintiffs' Leadership Committee Position −−
Subscribers by Plaintiffs' Counsel. (Cowan, R) (Entered: 04/04/2013)
04/04/2013
22
Application of Virginia M. Buchanan to Serve on MDL 2406 Subscriber
Class Plaintiffs' Steering Committee (Buchanan, Virginia) Modified on
4/4/2013 (CVA). (Entered: 04/04/2013)
04/04/2013
23
Application of Ben W. Gordon, Jr. to Serve on MDL 2406 Subscriber Class
Plaintiffs' Steering Committee (Gordon, Ben) Modified on 4/4/2013 (CVA).
(Entered: 04/04/2013)
04/04/2013
24
Application for Committee Position by Plaintiffs' Counsel. (Attachments: # 1
Exhibit C.V.)(DeGaris, Annesley) Modified on 4/5/2013 (CVA). (Entered:
04/04/2013)
04/04/2013
25
Application of Douglas A. Dellaccio, Jr. for Committee Position −
Subscriber Class by Plaintiffs' Counsel. (Dellaccio, Douglas) Modified on
4/5/2013 (CVA). (Entered: 04/04/2013)
04/05/2013
26
Application to Serve on Subscriber Committee by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit JW Bio)(Warren, James) Modified on 4/5/2013
(CVA). (Entered: 04/05/2013)
04/05/2013
27
APPLICATION and Declaration of Joey James for Appointment to Plaintffs'
Steering Committee and Other Integrated Committees. (Attachments: # 1
Exhibit A)(James, Joey) Modified on 4/5/2013 (CVA). (Entered: 04/05/2013)
90
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04/05/2013
28
Application of Robert G. Methvin, Jr. of McCallum, Methvin & Terrell, P.C.
to Serve as One of Four Subscribers' Counsel on the Plaintiffs' Steering
Committee (Attachments: # 1 Exhibit A)(Methvin, R) Modified on 4/5/2013
(CVA). (Entered: 04/05/2013)
04/05/2013
29
MOTION to Appoint Counsel James M. Terrell for Committee Position −−
Subscriber Class by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A −
Terrell Biographical Information)(Terrell, James) (Entered: 04/05/2013)
04/05/2013
30
Application of Robert B. Roden to Serve on MDL 2406 Provider Class
Plaintiffs' Committee(s) by Plaintiffs' Counsel. (Roden, Robert) Modified on
4/5/2013 (CVA). (Entered: 04/05/2013)
04/05/2013
31
MOTION FOR APPOINTMENT OF WATSON MCKINNEY AND QUINN
CONNOR TO PLAINTIFFS' SUBSCRIBER COMMITTEES by Plaintiffs'
Counsel. (Watson, Herman) (Entered: 04/05/2013)
04/05/2013
32
Application of Patrick W. Pendley to serve on the Plaintiffs' Steering
Committee or, Alternatively, as a Committee Chairman.(Attachments: # 1
Exhibit A)(Pendley, Patrick) Modified on 4/5/2013 (CVA). (Entered:
04/05/2013)
04/05/2013
33
Application of Gordon Ball to Serve as Interim Co−Lead Counsel for
Subscriber Plaintiffs, Membership on Plaintiffs' Steering Committee, and/or
Leadership Committee Positions of the Settlement and/or Litigation
Committees. (Attachments: # 1 Exhibit Resume, # 2 Exhibit List of Other
BCBS Cases filed by Ball and Co−Counsel)(Ball, W) Modified on 4/5/2013
(CVA). (Entered: 04/05/2013)
04/05/2013
34
Application of David J. Hodge For Committee Position − Subscriber Class
by Plaintiffs' Counsel. (Hodge, David) Modified on 4/5/2013 (CVA).
(Entered: 04/05/2013)
04/05/2013
35
MOTION to Appoint Counsel Pittman Provider Group Application for
Appointment to Plaintiffs' Provider Steering Committee, Provider Committee
Chairs, and Provider Committees by Plaintiffs' Counsel. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit
15)(Hayes, Debra) (Entered: 04/05/2013)
04/05/2013
36
MOTION to Appoint Leadership Positions in the Subscriber Track Actions
by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Kiernan, Kathleen)
(Entered: 04/05/2013)
04/05/2013
37
Application of Lawrence L. Jones II for Appointment to Subscriber Class
Plaintiffs' Sterring Committee (Attachments: # 1 Exhibit Application Letter,
# 2 Exhibit Biography/CV)(Jones, Lawrence) Modified on 4/5/2013 (CVA).
(Entered: 04/05/2013)
04/05/2013
38
MOTION Application of Philip E. Carby for Committee Position−Subscriber
Class by Plaintiffs' Counsel. (Warren, James) (Entered: 04/05/2013)
04/05/2013
39
MOTION Application of Michael P. McGartland to Serve on MDL 2406
Subscriber Class Committee by MDLPANEL. (McGartland, Michael)
91
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 91 of 509
(Entered: 04/05/2013)
04/05/2013
40
NOTICE by Plaintiffs' Counsel of Firm Name Change (Stokes, Tammy)
(Entered: 04/05/2013)
04/05/2013
41
MOTION to Appoint Counsel by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A)(Coffin, Christopher) (Entered: 04/05/2013)
04/05/2013
42
MOTION to Appoint Counsel Memorandum in Support of Nominations to
Committee Positions in Leadership Structure by Plaintiffs' Counsel. (Saxon,
John) (Entered: 04/05/2013)
04/10/2013
43
STATUS REPORT Special Master's Rule 23 Report Recommending Interim
Plaintiff Leadership Counsel by Special Master. filed by Special Master
(Gentle, Edgar) (Entered: 04/10/2013)
04/11/2013
44
CONDITIONAL TRANSFER ORDER (CTO−7) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama
(Attachments: # 1 Schedule CTO 7 − NDAL case #)(ASL) (Entered:
04/11/2013)
04/11/2013
45
CONDITIONAL TRANSFER ORDER (CTO−8) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama
(Attachments: # 1 Schedule CTO 8 − NDAL case #)(ASL) (Entered:
04/11/2013)
04/11/2013
46
CONDITIONAL TRANSFER ORDER (CTO−9) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama
(Attachments: # 1 Schedule CTO 9 − NDAL case #)(ASL) (Entered:
04/11/2013)
04/12/2013
47
ORDER SETTING HEARING ON APPOINTMENT OF INTERIM LEAD
CLASS COUNSEL AND PLAINTIFFS' STEERING COMMITTEE any
objections to recommended slate for Plas' Leadership Counsel from any party
SHALL be filed on or before April 17, 2013; Hearing on recommended slate
and any objections thereto set for 4/23/2013 at 10:30 AM in Hugo L Black
US Courthouse, Birmingham, AL before Judge R David Proctor. Signed by
Judge R David Proctor on 4/12/13. (ASL) (Entered: 04/12/2013)
04/16/2013
48
CONDITIONAL TRANSFER ORDER (CTO−10) from Judicial Panel on
MDL 2406 transferring 4 actions to the Northern District of Alabama
(Attachments: # 1 Schedule CTO 10 − NDAL case numbers)(ASL) (Entered:
04/16/2013)
04/17/2013
49
Opposition to re 43 Special Master's Report Recommending Whatley Kallas
filed by Defendants' Counsel. (Norman, Brian) (Entered: 04/17/2013)
04/17/2013
50
RESPONSE to re 43 Special Master's Rule 23 Report Recommending Interim
Plaintiff Leadership Counsel filed by Defendants' Counsel. (Attachments: # 1
Exhibit 1, # 2 Text of Proposed Order)(Yinger, Emily) (Entered: 04/17/2013)
04/18/2013
51
REPLY to re 49 Reply of Joe R. Whatley, Jr. and Edith M. Kallas to
Objection of Carefirst of Maryland, Inc. filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Whatley, Joe) (Entered: 04/18/2013)
92
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04/19/2013
52
ORDER re: 49 Carefirst of Maryland's Response to the Special Master's Rule
23 Report Recommending Appointment of Whatley Kallas LLC as Interim
Lead Counsel; in preparation for hearing on Tuesday, April 23, 2013 at 10:30
a.m., all parties with an interest in this issue shall file briefs (of not more than
35 pages) addressing the objection, all such briefs shall be filed no later than
4:30 p.m. on Monday, April 22, 2013. Signed by Judge R David Proctor on
4/19/13. (ASL) (Entered: 04/19/2013)
04/19/2013
53
MOTION to Withdraw as Attorney for Defendant Carefirst of Maryland, Inc.
by Defendants' Counsel. (Martin, Andrew) (Entered: 04/19/2013)
04/19/2013
54
RESPONSE to Joint Response by Louisiana Health Service & Indemnity
Company d/b/a Blue Cross/Blue Shield of Louisiana ("BCBS−LA") and
Daniel A. Small filed by Plaintiffs' Counsel. (Pendley, Patrick) (Entered:
04/19/2013)
04/22/2013
55
Brief re 52 Order, In Support of CareFirst of Maryland's Response in
Objection to Special Master's Report Recommending Lead Counsel.
(Attachments: # 1 Exhibit Exhibit A− Part 1, # 2 Exhibit Exhibit A− Part
2)(Norman, Brian) (Entered: 04/22/2013)
04/22/2013
56
RESPONSE to re 52 Court's April 19, 2013 Order filed by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4
Exhibit H)(Whatley, Joe) (Entered: 04/22/2013)
04/22/2013
57
REPLY to Response by Certain Louisiana Plaintiffs' Counsel to Joint
Response by Blue Cross Blue Shield of Louisiana and CMST filed by
Plaintiffs' Counsel. (Saxon, John) (Entered: 04/22/2013)
04/23/2013
Minute Entry for proceedings held before Judge R David Proctor: Hearing on
the appointment of Interim Lead counsel and pla's Steering Committee held
on 4/23/2013. (Court Reporter Anita McCorvey.) (KLL) (Entered:
04/23/2013)
04/24/2013
59
TEXT ORDER granting 53 Motion to Withdraw as Attorney. Attorney
Andrew W Martin, Jr terminated. Signed by Judge R David Proctor on
04/24/13. (CVA) (Entered: 04/24/2013)
04/24/2013
ORDER It has come to the court's attention that a number of attorneys have
contacted the Clerk of the Court to inquire about monitoring this matter. This
court's CM/ECF system does not provide an automated method for attorneys
to monitor a case. Until such time as an MDL website is developed, to
monitor a case, an attorney may log into the PACER system and check the
docket. Appearances should not be made directly in the MDL, and
appearances in any of the individual cases related to the MDL should only be
made by attorneys representing a client involved in the litigation. Any
attorney appearing in the case is subject to being held responsible for the
representation of the client on whose behalf that attorney appeared. Signed by
Judge R David Proctor on 4/24/13. (ASL) (Entered: 04/24/2013)
04/25/2013
60
Transcript of Proceedings held on 04/23/13, before Judge R. David Proctor.
Court Reporter/Transcriber Anita McCorvey. 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. NOTICE:
93
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The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript
Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request
due 5/16/2013. Redacted Transcript Deadline set for 5/28/2013. Release of
Transcript Restriction set for 7/24/2013. (CVA) (Entered: 04/25/2013)
04/26/2013
61
CASE MANAGEMENT ORDER NO. 2 ORDER APPOINTING INTERIM
CO−LEAD CLASS COUNSEL, LOCAL FACILITATING COUNSEL,
PLAINTIFFS' STEERING COMMITTEE, AND DISCOVERY LIAISON
COUNSEL. Signed by Judge R David Proctor on 4/26/13. (ASL) (Entered:
04/26/2013)
04/29/2013
62
STATUS REPORT Special Master's Rule 53 Report Recommending Interim
Committee Chairs and Committee Members for the Plaintiff Subscriber and
Provider Tracks by Special Master. filed by Special Master (Attachments: #
1 Exhibit Exhibit A to Special Master's Rule 53 Report, # 2 Exhibit Exhibit B
to Special Master's Rule 53 Report)(Gentle, Edgar) (Entered: 04/29/2013)
04/30/2013
63
ORDER REGARDING INTERIM COMMITTEE CHAIR AND MEMBER
APPOINTMENTS re 62 Special Master's Report; any objections from any
party or interested person to the recommended slate for Interim Committee
Chairs and Committee Members SHALL be filed on or before May 7, 2013;
any responses to such objections SHALL be filed on or before May 10, 2013;
court will take any objections under submission. Signed by Judge R David
Proctor on 4/30/13. (ASL) (Entered: 04/30/2013)
05/03/2013
64
AMENDED Transcript of Proceedings held on 4/23/2013, before Judge R.
David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone
number 205−278−2063. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at http://www.alnd.uscourts.gov/local/court
forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction
Policy Redaction Request due 5/24/2013. Redacted Transcript Deadline set
for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (AVC)
(Entered: 05/03/2013)
05/06/2013
65
AMENDED Transcript of Proceedings held on 2/21/2013, before Judge R.
David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone
number 205−278−2063. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
94
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(A copy can be obtained at http://www.alnd.uscourts.gov/local/court
forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction
Policy Redaction Request due 5/28/2013. Redacted Transcript Deadline set
for 6/6/2013. Release of Transcript Restriction set for 8/5/2013. (AVC)
(Entered: 05/06/2013)
05/07/2013
66
RESPONSE to re 62 (of Certain Defendants on Rule 53 Report of Special
Master) filed by Defendants' Counsel. (Johnson, John) (Entered: 05/07/2013)
05/10/2013
67
PARTIES' Report Regarding Consolidated Class Action Complaint filed by
Defendants' Counsel (West, Kimberly) Modified on 5/10/2013 (AVC).
(Entered: 05/10/2013)
05/10/2013
68
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 66 Response (other)
SUBSCRIBER AND PROVIDER PLAINTIFFS' JOINT RESPONSE TO THE
OBJECTIONS OF CERTAIN DEFENDANTS TO THE RULE 53 REPORT
OF THE SPECIAL MASTER filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A)(Kiernan, Kathleen) (Entered: 05/10/2013)
05/13/2013
69
TEXT ORDER −This matter is before the court on the Parties' Report
Regarding Consolidated Class Action Complaint (Doc. # 67). In light of the
Report, it is ORDERED as follows: (1) On or before May 14, 2013, the
parties may submit initial briefs limited to eight pages supporting their
respective position on whether one consolidated complaint or two should be
filed; and (2) on or before May 20, 2013, the parties may file responsive
briefs limited to five pages. Signed by Judge R David Proctor on 5/13/2013.
(AVC) (Entered: 05/13/2013)
05/13/2013
70
CORRECTED Subscriber and Provider Plaintiffs' Joint Response to the
Objections of Certain Defendants to the Rule 53 Report of the Special Master
66 filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Kiernan,
Kathleen) Modified on 5/14/2013 (AVC). (Entered: 05/13/2013)
05/14/2013
71
Brief in Support of Allowing the Plaintiffs to be the Masters of their
Complaints filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Whatley, Joe) Modified on
5/14/2013 (AVC). (Entered: 05/14/2013)
05/14/2013
72
NOTICE of Defendants' Position on Consolidated Amended Complaint by
Defendants' Counsel (Attachments: # 1 Exhibit 1, # 2 Text of Proposed
Order)(Hoover, Craig) Modified on 5/15/2013 (AVC). (Entered: 05/14/2013)
05/16/2013
73
Special Master's Rule 23 Report Recommending Approval of Proposed Order
Regarding Protocols for Plaintiffs' Counsel Time and Expense Submissions
by Special Master. (Attachments: # 1 Exhibit Proposed Billing
Order)(Gentle, Edgar) Modified on 5/16/2013 (AVC). (Entered: 05/16/2013)
05/16/2013
74
Corrected Special Master's Rule 53 Report Recommending Approval of
Proposed Order Regarding Protocols for Plaintiffs' Counsel Time and
Expense Submissions by Special Master. (Attachments: # 1 Exhibit Proposed
Billing Order)(Gentle, Edgar) Modified on 5/16/2013 (AVC). (Entered:
05/16/2013)
05/16/2013
75
ORDER REGARDING PROPOSED PROTOCOLS FOR PLAINTIFFS
COUNSELTIME AND EXPENSE SUBMISSIONS. Signed by Judge R
95
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David Proctor on 5/16/2013. (AVC) (Entered: 05/16/2013)
05/20/2013
76
REPLY of Defendants in Favor of A Single Consolidated Complaint filed by
Defendant Defendants' Counsel. (Hoover, Craig) Modified on 5/20/2013
(AVC). (Entered: 05/20/2013)
05/20/2013
77
RESPONSE to Defendants' Memorandum in Support of Requiring Plaintiffs
to File a Single Complaint 72 filed by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel. (Attachments: # 1 Exhibit 3, # 2 Text of Proposed Order)(Whatley,
Joe) Modified on 5/20/2013 (AVC). (Entered: 05/20/2013)
05/24/2013
78
CONDITIONAL TRANSFER ORDER (CTO−12) from Judicial Panel on
MDL 2406 transferring 3 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−12 Schedule with NDAL case numbers)(AVC)
(Entered: 05/24/2013)
05/30/2013
79
ORDER−By 7/1/2013, Interim Co−Lead Class Counsel may file either one
consolidated class action complaint, or two consolidated calls action
complaints. Lead Counsel and Local Facilitating Counsel for Dfts SHALL
confer with Interim Co−Lead Class counsel regarding proposed briefing
schedule on the anticipated motions to dismiss. By 7/10/2013, the parties
SHALL file a joint written status report setting forth the proposed briefing
schedule. Signed by Judge R David Proctor on 5/30/2013. (AVC) (Entered:
05/30/2013)
05/31/2013
80
ORDER REGARDING PROTOCOLS FOR PLAINTIFFS COUNSELTIME
AND EXPENSE SUBMISSIONS. Signed by Judge R David Proctor on
5/31/2013. (AVC) (Entered: 05/31/2013)
06/03/2013
81
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT:
The court ORDERS that the Special Masters application for payment is
hereby APPROVED, as further set out in order. Signed by Judge R David
Proctor on 06/03/2013. (CVA) (Entered: 06/03/2013)
06/04/2013
82
CASE MANAGEMENT ORDER NO. 3 ORDER APPOINTING INTERIM
COMMITTEE CHAIRS AND COMMITTEE MEMBERS FOR THE
PLAINTIFF SUBSCRIBER AND PROVIDER TRACKS. Signed by Judge
R David Proctor on 6/4/2013. (AVC) (Entered: 06/04/2013)
06/06/2013
83
CONDITIONAL TRANSFER ORDER (CTO−13) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−13 Schedule with NDAL case numbers)(AVC)
(Entered: 06/06/2013)
06/20/2013
84
CONDITIONAL TRANSFER ORDER (CTO−14) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−14 Schedule with NDAL case numbers)(AVC)
(Entered: 06/20/2013)
07/01/2013
85
AMENDED COMPLAINT for Consolidated Subscriber Track Actions
against All Defendants, filed by Plaintiffs' Counsel.(Kiernan, Kathleen)
(Entered: 07/01/2013)
07/01/2013
86
AMENDED COMPLAINT for Consolidated Provider Track against All
Defendants, filed by Plaintiffs' Counsel.(Whatley, Joe) (Entered: 07/01/2013)
96
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07/09/2013
87
*** WITHDRAWN***[to be filed in Conway 2:12−2532−RDP and other
invidual actions if necessary]Request for service by certified mail filed by
Plaintiffs' Counsel. (Whatley, Joe) Modified on 7/10/2013 (AVC). (Entered:
07/09/2013)
07/09/2013
88
MOTION to Appoint Counsel by Plaintiffs' Liaison Counsel. (Attachments: #
1 Text of Proposed Order)(McKinney, Rebekah) (Entered: 07/09/2013)
07/10/2013
89
TEXT ORDER −This matter is before the court on an informal motion for an
extension of time for the parties to file their joint report setting forth a
proposed briefing schedule on anticipated motions to dismiss. The request is
GRANTED. The parties SHALL file a joint written status report setting forth
a proposed briefing schedule on anticipated motions to dismiss on or before
July 17, 2013. Signed by Judge R David Proctor on 7/10/2013. (AVC)
(Entered: 07/10/2013)
07/10/2013
90
TEXT ORDER −This matter is before the court on the Unopposed Motion of
Herman A. Watson, Jr. to Appoint Rebekah K. McKinney to Replace Him As
State Liaison Committee Member for the Subscriber Track (Doc. # 88). For
good cause shown, and because the Subscriber Track Lead Counsel, Steering
Committee, and Local Facilitating Counsel do not oppose the Motion, the
Motion (Doc. # 88) is GRANTED. The court hereby APPOINTS Rebekah K.
McKinney to replace Herman A. Watson, Jr. as a State Liaison Committee
Member for the Subscriber Track. Signed by Judge R David Proctor on
7/10/2013. (AVC) (Entered: 07/10/2013)
07/17/2013
91
REPORT from the Parties on Motion to Dismiss Schedule 79 by Defendants'
Counsel, Plaintiffs' Counsel (Whatley, Joe) Modified on 7/18/2013 (AVC).
(Entered: 07/17/2013)
07/18/2013
92
TEXT ORDER −This matter is before the court on the Joint Report from the
Parties on Motion to Dismiss Briefing Schedule (Doc. # 91), which requests
an additional short extension of time for the parties to file their joint report
setting forth a proposed briefing schedule on anticipated motions to dismiss.
The request is GRANTED. The parties SHALL file a joint written status
report setting forth a proposed briefing schedule on anticipated motions to
dismiss on or before July 19, 2013. Signed by Judge R David Proctor on
7/18/2013. (AVC) (Entered: 07/18/2013)
07/19/2013
93
JOINT STATUS REPORT REGARDING MOTION TO DISMISS
BRIEFING SCHEDULE by Defendants' Counsel, Plaintiffs' Liaison
Counsel. filed by Defendants' Counsel, Plaintiffs' Liaison Counsel
(Attachments: # 1 Exhibit 1)(Hoover, Craig) Modified on 7/22/2013 (AVC).
(Entered: 07/19/2013)
07/22/2013
94
NOTICE by Plaintiffs' Counsel re 86 Amended Complaint Filing of
Corrected Caption (Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered:
07/22/2013)
07/23/2013
95
TEXT ORDER −This matter is SET for a status conferenceat 10:00 am on
Wednesday, August 21, 2013 in courtroom 7A of the Hugo L. Black United
States Courthouse to discuss, among other issues, a briefing schedule on the
anticipated motions to dismiss. The court anticipates that the Special Master
will circulate a call in number to counsel who wish to attend by phone.
Signed by Judge R David Proctor on 7/23/2013. (AVC) (Entered:
97
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 97 of 509
07/23/2013)
08/21/2013
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 8/21/2013. As indicated on the record, the court will
enter a separate order outlining the briefing schedules agreed to by the
parties. (Court Reporter Anita McCorvey.) (KLL) (Entered: 08/21/2013)
08/27/2013
96
Transcript of Proceedings held on 8/21/2013, before Judge R. David Proctor.
Court Reporter/Transcriber Anita McCorvey, Telephone number
205−278−2063. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at http://www.alnd.uscourts.gov/local/court
forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction
Policy Redaction Request due 9/17/2013. Redacted Transcript Deadline set
for 9/27/2013. Release of Transcript Restriction set for 11/26/2013. (AVC)
(Entered: 08/27/2013)
08/30/2013
97
REPORT Regarding Order Setting Briefing Schedule and Establishing
Certain Discovery Procedures by Special Master. (Attachments: # 1 Exhibit
A Agreed Edits, # 2 Exhibit B Additional Edits Suggested by the Plaintiffs, #
3 Exhibit C Additional Edits Suggested by the Defendants)(Gentle, Edgar)
Modified on 9/9/2013 (AVC). (Entered: 08/30/2013)
09/03/2013
98
ORDER SETTING BRIEFING SCHEDULE AND ESTABLISHING
CERTAIN DISCOVERY PROCEDURES. Signed by Judge R David Proctor
on 9/3/2013. (AVC) (Entered: 09/03/2013)
09/06/2013
99
NOTICE by Plaintiffs' Counsel re 85 Amended Complaint Errata to
Subscriber Track Consolidated Class Action Complaint (Attachments: # 1
Appendix 1)(Kiernan, Kathleen) (Entered: 09/06/2013)
09/11/2013
100
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 9/11/2013. (AVC) (Entered:
09/11/2013)
09/11/2013
101
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 9/11/2013. (AVC) (Entered:
09/11/2013)
09/17/2013
102
Emergency MOTION for Preliminary Injunction by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Whatley, Joe) (Entered:
09/17/2013)
09/18/2013
103
TEXT ORDER − This matter is before the court on Plaintiff Kathleen Cain's
Opposed Emergency Motion for Preliminary Injunction (Doc. # 102). The
Motion is more properly filed in the Conway case, case No.
2:12−cv−02532−RDP. Plaintiff's counsel is DIRECTED to re−file the
motion in that case. The Clerk of the Court is DIRECTED to TERMINATE
the Motion (Doc. # 102) in this case. Additionally, interested parties are
DIRECTED to coordinate with the Special Master regarding the scheduling
98
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 98 of 509
of a telephone conference to discuss Plaintiff Cain's Motion. Signed by Judge
R David Proctor on 9/18/2013. (AVC) (Entered: 09/18/2013)
09/27/2013
104
MOTION for Leave to File Certain Exhibits Under Seal by Defendants'
Counsel. (Hogewood, Mark) (Entered: 09/27/2013)
09/27/2013
105
TEXT ORDER−This matter is before the court on Defendants' Motion for
Leave to File Certain Exhibits Under Seal (Doc. # 104). The Motion is
GRANTED. Defendants are granted leave to file the referenced documents
UNDER SEAL. Signed by Judge R David Proctor on 9/27/2013. (AVC)
(Entered: 09/27/2013)
09/30/2013
106
MOTION for Leave to File Unredacted Version of Motion to Dismiss and
Supporting Declaration Under Seal by Capital Blue Cross. (Sansbury,
Michael) (Entered: 09/30/2013)
09/30/2013
107
MOTION to Dismiss for Lack of Jurisdiction by Triple S Salud, Inc..
(Attachments: # 1 Exhibit Unsworn Statement Under Penalty of
Perjury)(Escalera−Rodriguez, Rafael) (Entered: 09/30/2013)
09/30/2013
108
MOTION to Dismiss by Defendants' Counsel. (Zott, David) (Entered:
09/30/2013)
09/30/2013
109
TEXT ORDER − This matter is before the court on Defendant Capital Blue
Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss
and Supporting Declaration Under Seal. (Doc. # 106). The Motion (Doc. #
106) is GRANTED. Defendant Capital Blue Cross is granted leave to file the
referenced documents UNDER SEAL. Signed by Judge R David Proctor on
9/30/2013. (AVC) (Entered: 09/30/2013)
09/30/2013
110
MOTION to Dismiss Plaintiffs' Complaint by CareFirst of Maryland, Inc. by
Defendants' Counsel. (Norman, Brian) (Entered: 09/30/2013)
09/30/2013
111
Brief in Support of Motion to Dismiss 110 by CareFirst of Maryland, Inc.
(Norman, Brian) Modified on 10/4/2013 (AVC). (Entered: 09/30/2013)
09/30/2013
112
MOTION to Dismiss for Lack of Personal Jurisdiction and, Alternatively,
Improper Venue by Capital Blue Cross. (Attachments: # 1 Exhibit
Declaration of Kimberly Meals)(Sansbury, Michael) Modified on 10/3/2013
(AVC). (Entered: 09/30/2013)
09/30/2013
113
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by
Excellus Health Plan, Inc. by Defendants' Counsel. (Attachments: # 1 Exhibit
A−G)(Andress, D) Modified on 10/3/2013 (AVC). (Entered: 09/30/2013)
09/30/2013
114
MOTION to Dismiss by Blue Cross Blue Shield of Michigan . (Attachments:
# 1 Index of Exhibits, # 2 Exhibit A, Part 1, # 3 Exhibit A, Part 2, # 4 Exhibit
B, Part 1, # 5 Exhibit B, Part 2, # 6 Exhibit C, Part 1, # 7 Exhibit C, Part 2, #
8 Exhibit D, # 9 Exhibit E, Part 1, # 10 Exhibit E, Part 2, # 11 Errata F, Part
1, # 12 Exhibit G, Part 1, # 13 Exhibit G, Part 2, # 14 Exhibit H, # 15 Exhibit
I, Part 1, # 16 Exhibit I, Part 2, # 17 Exhibit I, Part 3)(Campbell, Andrew)
Modified on 10/3/2013 (AVC). (Entered: 09/30/2013)
09/30/2013
115
Brief re 108 MOTION to Dismiss Defendants' Supplemental Brief in Support
of Motion to Dismiss filed by Defendants' Counsel. (Attachments: # 1
Appendix I, # 2 Appendix II, # 3 Exhibit A)(Hoover, Craig) (Entered:
99
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 99 of 509
09/30/2013)
09/30/2013
116
MOTION to Dismiss BlueCross BlueShield of South Carolina and Blue
Cross and Blue Shield Association to Dismiss the Claims of Plaintiff Shred
360,LLC by Defendants' Counsel. (Hoover, Craig) Modified on 10/3/2013
(AVC). (Entered: 09/30/2013)
09/30/2013
117
Brief in Support of Motion of BlueCross BlueShield of South Carolina and
Blue Cross and Blue Shield Association to Dismiss Claims of Plaintiff Shred
360, LLC filed by Defendants' Counsel. (Hoover, Craig) (Entered:
09/30/2013)
09/30/2013
118
MOTION to Dismiss by Plaintiffs' Counsel. (McKinney, Rebekah) (Entered:
09/30/2013)
09/30/2013
119
SEALED MOTION re: 112 by Capital Blue Cross. (Attachments: # 1 Exhibit
1)(AVC) (Entered: 09/30/2013)
09/30/2013
120
Brief re 108 MOTION to Dismiss . (Attachments: # 1 Appendix, # 2 Exhibit
1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8
Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, #
13 Exhibit 12, # 14 Exhibit 13)(Zott, David) (Entered: 09/30/2013)
09/30/2013
121
MOTION in Supprot of Motion to Dismiss for Lack of Personal Jurisdiction
and Improper Venue by Blue Cross of Northeastern Pennsylvania .
(Attachments: # 1 Affidavit)(Leary, Paul) Modified on 10/3/2013 (AVC).
(Entered: 09/30/2013)
09/30/2013
122
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Blue
Cross Blue Shield of Missippi . (Attachments: # 1 Exhibit A (Declaration of
John H. Proctor, III))(McDowell, M) Modified on 10/3/2013 (AVC).
(Entered: 09/30/2013)
09/30/2013
123
Brief re 122 MOTION to Dismiss for Lack of Jurisdiction filed by
Defendants' Counsel. (McDowell, M) (Entered: 09/30/2013)
09/30/2013
124
MOTION to Dismiss by Plaintiffs' Counsel. (McKinney, Rebekah) (Entered:
09/30/2013)
09/30/2013
125
MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue
by Defendants' Counsel. (Attachments: # 1 Memorandum of Certain
Defendants in Support of Motion to Dismiss for Lack of Personal Jurisdiction
and Improper Venue, # 2 Exhibit 1 − Affidavit of Christine Epper, # 3
Exhibit 2 − Affidavit of Fred Palenske, # 4 Exhibit 3 − Affidavit of Robert L.
Stroup III, # 5 Exhibit 4 − Affidavit of Dave Keiter, # 6 Exhibit 5 − Affidavit
of David Horn)(Sooy, Kathleen) (Entered: 09/30/2013)
10/03/2013
127
NOTICE of Corporate Disclosure by Defendants' Counsel (Hoover, Craig)
(Entered: 10/03/2013)
10/04/2013
128
MOTION for Leave to Appear Pro Hac Vice by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1 (Application and Declaration of Lezlie Madden
in Support of Motion for Admission Pro Hac Vice)(Reis, John) (Entered:
10/04/2013)
10/04/2013
100
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 100 of 509
PHV Fee paid: $ 50, receipt number 1126−2025167. (Reis, John) (Entered:
10/04/2013)
10/04/2013
129
Consent MOTION to Set Briefing Schedule by Capital Blue Cross.
(Sansbury, Michael) (Entered: 10/04/2013)
10/04/2013
130
TEXT ORDER −This matter is before the court on Capital Blue Cross's
Unopposed Motion to Set Briefing Schedule (Doc. # 129). The Motion (Doc.
# 129) is GRANTED. Capital Blue Cross SHALL respond to the Cerven
Complaint (Case No. 2:12−cv−04169−RDP) on or before November 1, 2013.
Otherwise the briefing SHALL confirm to the court's existing briefing
schedule (Doc. # 98). Signed by Judge R David Proctor on 10/4/2013. (AVC)
(Entered: 10/04/2013)
10/04/2013
131
NOTICE of Corporate Disclosure by Defendants' Counsel regarding
WellPoint, Inc. (Hoover, Craig) (Entered: 10/04/2013)
10/14/2013
132
NOTICE of Corporate Disclosure by Defendants' Counsel (Norman, Brian)
(Entered: 10/14/2013)
10/30/2013
133
MOTION for Leave to File Unredacted Version of Motion to Dismiss and
Supporting Declaration Under Seal (Capital BlueCross) by Defendants'
Counsel. (Sansbury, Michael) (Entered: 10/30/2013)
10/30/2013
134
TEXT ORDER − This matter is before the court on Defendant Capital Blue
Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss
and Supporting Declaration Under Seal. (Doc. # 133). The Motion (Doc. #
133) is GRANTED. Defendant Capital Blue Cross is GRANTED LEAVE
to file the referenced documents UNDER SEAL. Signed by Judge R David
Proctor on 10/30/2013 (AVC) (Entered: 10/30/2013)
11/01/2013
135
MOTION to Dismiss for Lack of Jurisdiction (Personal) and, Alternatively,
Improper Venue by Defendants' Counsel. (Attachments: # 1 Exhibit Exhibit
1, Declaration of Kimberly Meals)(Sansbury, Michael) (Entered: 11/01/2013)
11/01/2013
136
SEALED MOTION by Capital Blue Cross. (Attachments: # 1 Exhibit
1)(AVC) (Entered: 11/01/2013)
11/04/2013
137
STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Hoover, Craig) (Entered: 11/04/2013)
11/04/2013
138
Corporate Disclosure Statement by Defendants' Counsel. (Burkhalter, Carl)
(Entered: 11/04/2013)
11/08/2013
139
PROTECTIVE ORDER UNDER FED. R. EVID. 502(d) REGARDING
NON−WAIVER OF INFORMATION SUBJECT TO
ATTORNEY−CLIENT PRIVILEGE OR WORK PRODUCT
PROTECTION. Signed by Judge R David Proctor on 11/8/2013. (AVC)
(Entered: 11/08/2013)
11/20/2013
140
STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. filed by
Defendants' Counsel, Plaintiffs' Counsel (Hoover, Craig) (Entered:
11/20/2013)
11/26/2013
141
THIRD STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel.
(Hoover, Craig) (Entered: 11/26/2013)
101
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 101 of 509
11/27/2013
142
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 11/27/2013. (AVC) (Entered:
11/27/2013)
11/27/2013
143
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 11/27/2013. (AVC) (Entered:
11/27/2013)
12/06/2013
144
STATUS REPORT by Defendants' Counsel, Plaintiffs' Counsel. filed by
Defendants' Counsel, Plaintiffs' Counsel (Attachments: # 1 Exhibit A −
Proposed Protective Order)(Hoover, Craig) (Entered: 12/06/2013)
12/17/2013
145
PROTECTIVE ORDER. Signed by Judge R David Proctor on 12/17/2013.
(AVC) (Entered: 12/17/2013)
01/09/2014
146
NOTICE by Plaintiffs' Counsel of Change of Firm Name (Axelrod, Robert)
(Entered: 01/09/2014)
01/13/2014
147
TEXT ORDER − The pending Motions to Dismiss in this matter are SET
for a hearing at 10:00 a.m. on Wednesday, April 9, 2014, in Courtroom 7A
of the Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North,
Birmingham, Alabama. The court anticipates that the Special Master will
circulate a call in number for counsel wishing to attend by telephone.
However, anyone wishing to present argument SHALL attend in person. All
persons attending by phone are REMINDED to mute their phones unless
actually addressing the court. Signed by Judge R David Proctor on 1/13/14.
(ASL) (Entered: 01/13/2014)
01/15/2014
148
OPPOSITION to Motion to Dismiss 108 & 120 filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 01/15/2014)
01/15/2014
149
JOINT OPPOSITION to Motion to Dismiss Arguments Common to both
Providers and Subscribers 108 MOTION filed by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3)(Ragsdale, Barry) (Entered: 01/15/2014)
01/15/2014
150
Brief in Joint Opposition to Motions to Dismiss for Lack of Personal
Jurisdiction and Improper Venue 107 , 112 , 113 , 119 , 121 , 122 , 125 , 135
and 136 filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale,
Barry) (Entered: 01/15/2014)
01/15/2014
151
RESPONSE in Opposition re 114 MOTION to Dismiss (Provider Plaintiffs'
Response to Defendant Blue Cross Blue Shield of Michigan's Motion to
Dismiss (Doc. 114)) filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered:
01/15/2014)
01/15/2014
152
OPPOSITION to Carefirst of Maryland, Inc's Motion to Dismiss 110 & 111
filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 01/15/2014)
01/15/2014
153
Brief on Non−Common Issues in Oppostion to Motions to Dismiss 108 , 114
, 115 , 116 , 117 and 120 filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit 1)(Guin, David) (Entered: 01/15/2014)
01/16/2014
154
AMENDED Opposition to Motion to Dismiss 108 & 120 by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 01/16/2014)
102
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 102 of 509
01/16/2014
155
AMENDED Response to Blue Cross Blue Shield of Michigan's Motion to
Dismiss 114 by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 01/16/2014)
01/21/2014
156
MOTION to Appoint Counsel (Unopposed Motion of Co−Lead Counsel to
Appoint Thomas V. Bender to the Discovery Committee for the Provider
Track and Notification of Withdrawal of D. Brian Hufford as Provider
Counsel) by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Whatley, Joe) (Entered: 01/21/2014)
01/22/2014
157
MOTION for Leave to File Amici Curiae Brief of Antitrust Professors by
movant. (Attachments: # 1 Exhibit EX 1 − Amici Curiae Brief, # 2
Certificate of Service)(Reuben, Mindee) (Entered: 01/22/2014)
01/22/2014
158
TEXT ORDER This matter is before the court on the Motion for Leave to
File Amici Curiae Brief of Antitrust Professors in Opposition to Defendants'
Motions to Dismiss Based on the Filed Rate Doctrine 157 . The Motion 157
is GRANTED. The Antitrust Professors are directed to file their proposed
brief electronically with the Clerk of the Court. Signed by Judge R David
Proctor on 1/22/14. (ASL) (Entered: 01/22/2014)
01/22/2014
159
Brief of Amici − Antitrust Professors. (Attachments: # 1 Exhibit A − Areeda
& Hovencamp Excerpt, # 2 Certificate of Service)(Reuben, Mindee)
(Entered: 01/22/2014)
01/22/2014
160
NOTICE of Change of Address by Henry C Quillen (Quillen, Henry)
(Entered: 01/22/2014)
01/22/2014
161
TEXT ORDER This matter is before the court on the Unopposed Motion of
Co−Lead Counsel to Appoint Thomas V. Bender to the Discovery
Committee for the Provider Track and Notification of Withdrawal of D.
Brian Hufford as Provider Counsel 156 . For good cause shown, and because
the Motion is unopposed, the Motion 156 is GRANTED. The court hereby
APPOINTS Thomas V. Bender to the Discovery Committee for the Provider
Track and ACCEPTS the withdrawal of D. Brian Hufford from the Written
Submissions Committee for the Provider Track. Signed by Judge R David
Proctor on 1/22/14. (ASL) (Entered: 01/22/2014)
02/11/2014
162
MOTION to Amend the May 31, 2013 Order 80 Order by Special Master.
(Attachments: # 1 Exhibit Proposed Order)(Gentle, Edgar) (Entered:
02/11/2014)
02/11/2014
163
ORDER GRANTING THE SPECIAL MASTERS UNOPPOSED MOTION
TO AMENDTHE MAY 31, 2013 ORDER REGARDING PROTOCOLS
FOR PLAINTIFFSCOUNSEL TIME AND EXPENSE SUBMISSIONS−re:
162 . Signed by Judge R David Proctor on 2/11/2014. (AVC) (Entered:
02/11/2014)
02/24/2014
164
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 2/24/2014. (AVC) (Entered:
02/24/2014)
02/24/2014
165
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 2/24/2014. (AVC) (Entered:
02/24/2014)
03/04/2014
166
103
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 103 of 509
NOTICE by Blue Cross Blue Shield Antitrust Litigation MDL 2406 Notice of
Firm Change (Frankowski, Richard) (Entered: 03/04/2014)
03/04/2014
167
NOTICE by Plaintiffs' Counsel Notice of Change of Firm Name (Schreiber,
J) (Entered: 03/04/2014)
03/06/2014
168
REPLY Brief filed by Defendant Defendants' Counsel re: 107 MOTION to
Dismiss for Lack of Jurisdiction , 150 Response in Opposition to Motion,
filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1− Unsworn
Statement Under Penalty of Perjury)(Santiago−Rivera, Pedro) (Entered:
03/06/2014)
03/06/2014
169
REPLY Brief filed by Defendant Defendants' Counsel re: 119 SEALED
MOTION, 135 MOTION to Dismiss for Lack of Jurisdiction (Personal) and,
Alternatively, Improper Venue, 150 Response in Opposition to Motion, 112
MOTION to Dismiss for Lack of Personal Jurisdiction and, Alternatively,
Improper Venue filed by Defendants' Counsel. (Sansbury, Michael) (Entered:
03/06/2014)
03/06/2014
170
REPLY Brief filed by Defendant Defendants' Counsel re: 114 MOTION to
Dismiss by Blue Cross Blue Shield Michigan filed by Defendants' Counsel.
(Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit A)(Campbell,
Andrew) (Entered: 03/06/2014)
03/06/2014
171
MOTION to Amend/Correct Order of Dismissal by Plaintiffs' Counsel.
(Pendley, Patrick) (Entered: 03/06/2014)
03/06/2014
172
REPLY Brief filed by Defendant Defendants' Counsel re: 121 MOTION in
Supprot of Motion to Dismiss for Lack of Personal Jurisdiction and Improper
Venue by Blue Cross of Northeastern Pennsylvania filed by Defendants'
Counsel. (Bleich, Matthew) (Entered: 03/06/2014)
03/06/2014
173
REPLY Brief filed by Defendant Defendants' Counsel re: 108 MOTION to
Dismiss filed by Defendants' Counsel. (Hoover, Craig) (Entered: 03/06/2014)
03/06/2014
174
REPLY Brief filed by Defendant Defendants' Counsel re: 116 MOTION to
Dismiss BlueCross BlueShield of South Carolina and Blue Cross and Blue
Shield Association to Dismiss the Claims of Plaintiff Shred 360,LLC filed by
Defendants' Counsel. (Hoover, Craig) (Entered: 03/06/2014)
03/06/2014
175
REPLY to Response to Motion re 110 MOTION to Dismiss Plaintiffs'
Complaint by CareFirst of Maryland, Inc. filed by Defendants' Counsel.
(Norman, Brian) (Entered: 03/06/2014)
03/06/2014
176
REPLY to re 113 Reply Memorandum of Excellus Health Plan, Inc., d/b/a
Excellus BlueCross BlueShield, on Its Motion to Dismiss for Lack of
Personal Jurisdiction and Improper Venue filed by Defendants' Counsel.
(Andress, D) (Entered: 03/06/2014)
03/06/2014
177
REPLY to Response to Motion re 122 MOTION to Dismiss for Lack of
Jurisdiction and Improper Venue by Blue Cross Blue Shield of Missippi filed
by movant. (Attachments: # 1 Exhibit A (Supplemental Declaration of John
Proctor))(McDowell, M) (Entered: 03/06/2014)
03/06/2014
178
REPLY to Response to Motion re 108 MOTION to Dismiss filed by
Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
104
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 104 of 509
C)(Zott, David) (Entered: 03/06/2014)
03/06/2014
179
REPLY Brief filed by Defendant Defendants' Counsel re: 125 MOTION to
Dismiss for Lack of Personal Jurisdiction and Improper Venue filed by
Defendants' Counsel. (Sooy, Kathleen) (Entered: 03/06/2014)
04/07/2014
180
TEXT ORDER − Based upon the parties' request, the argument previously
set for 10:00 a.m. on Wednesday, April 9, 2014, is hereby RE−SET at 9:00
a.m. the same day. Signed by Judge R David Proctor on 4/7/14. (ASL)
(Entered: 04/07/2014)
04/09/2014
Minute Entry for proceedings held before Judge R David Proctor: Motion
Hearing held on 4/9/2014 re pending motions to dismiss. (Court Reporter
Anita McCorvey.) (KLL) (Entered: 04/09/2014)
04/10/2014
181
MOTION to Withdraw as Attorney by Defendants' Counsel. (Rather,
Gordon) (Entered: 04/10/2014)
04/10/2014
182
TEXT ORDER − This matter is before the court on the Motion to Allow
Withdrawal of Additional Counsel for USAble Mutual Insurance Company,
d/b/a Arkansas Blue Cross and Blue Shield. The Motion was filed in Case
No. 2:13−cv−20000−RDP, but should have been filed in the underlying case,
Case No. 2:13−cv−00014−RDP, Sosebee v. USAble Mutual Insurance
Company. The Motion (Case No. 2:13−cv−20000−RDP, Doc. # 181) is
GRANTED. The Clerk of the Court is DIRECTED to TERMINATE
attorneys Gordon S. Rather, Jr. and Scott A. Irby as counsel for USAble
Mutual Insurance Company, d/b/a Arkansas Blue Cross and Blue Shield in
both cases, and to docket this text order in Case No. 2:13−cv−00014−RDP
also. Signed by Judge R David Proctor on 4/10/2014. (AVC) (Entered:
04/10/2014)
04/16/2014
183
REPLY to (Correspondence to Judge Proctor) filed by Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 04/16/2014)
04/18/2014
184
RESPONSE to Subcriber Plaintiffs' April 16, 2014 Letter filed by
Defendants' Counsel. (West, Kimberly) (Entered: 04/18/2014)
04/25/2014
185
MOTION to Withdraw as Attorney for Plaintiff, Gaston CPA Firm, P.C. by
Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order Order Granting
Motion to Withdraw)(Brady, Anu) (Entered: 04/25/2014)
04/25/2014
186
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney Anu M. Brady. 185 . The Motion 85 is GRANTED. The
Clerk of the Court is DIRECTED to TERMINATE attorney Brady. Signed
by Judge R David Proctor on 4/25/2014. (AVC) (Entered: 04/25/2014)
04/29/2014
187
Transcript of Proceedings held on 4/9/2014, before Judge R. David Proctor.
Court Reporter/Transcriber Anita McCorvey, Telephone number
205−278−2063. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
105
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 105 of 509
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/20/2014. Redacted Transcript Deadline set for 5/30/2014.
Release of Transcript Restriction set for 7/28/2014. (AVC) (Entered:
04/29/2014)
05/15/2014
188
NOTICE of Change of Address by Edwin J Kilpela, Jr (Kilpela, Edwin)
(Entered: 05/15/2014)
05/22/2014
189
MOTION to Withdraw Motion to Withdraw of Andrew C. Allen by Plaintiffs'
Counsel. (Allen, Andrew) (Entered: 05/22/2014)
05/22/2014
190
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney Andrew C. Allen. 189 . The Motion 189 is GRANTED.
The Clerk of the Court is DIRECTED to TERMINATE attorney Allen.
Generally, appearances and Motions to Withdraw should be filed in the
underlying case in which the attorney wishes to or has appeared, rather than
in the MDL, since the service list for the MDL is generated from those cases.
Therefore, the Clerk of the Court is FURTHER DIRECTED to
TERMINATE Attorney Allen also in the underlying case in which he
appeared, case No. 2:12−cv−02532. Signed by Judge R David Proctor on
5/22/2014. (AVC) (Entered: 05/22/2014)
05/22/2014
191
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 5/22/2014. (AVC) (Entered:
05/22/2014)
05/22/2014
192
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 5/22/2014. (AVC) (Entered:
05/22/2014)
06/02/2014
193
NOTICE by Plaintiffs' Counsel re 108 MOTION to Dismiss Provider
Plaintiffs' Notice of Supplemental Authority Regarding Defendants' Motion to
Dismiss (Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered: 06/02/2014)
06/02/2014
194
STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel
(Hoover, Craig) (Entered: 06/02/2014)
06/05/2014
195
NOTICE of Change of Address by Henry C Quillen (Quillen, Henry)
(Entered: 06/05/2014)
06/06/2014
196
RESPONSE to re 193 Provider Plaintiff's Notice of Supplemental Authority
Regarding Defendants' Motion to Dismiss filed by Defendants' Counsel.
(Zott, David) (Entered: 06/06/2014)
06/10/2014
197
ORDER REGARDING NON−WAIVER OF WORK PRODUCT
DOCTRINE PROTECTION AND ATTORNEY−CLIENT PRIVILEGE AS
A RESULT OF THE SUBMISSION OF PLAINTIFFS COMMON
BENEFIT TIME AND EXPENSE RECORDS TO THE SPECIAL MASTER
AND THE COURT. Signed by Judge R David Proctor on 6/10/2014. (AVC)
(Entered: 06/10/2014)
06/11/2014
198
MOTION to Withdraw as Attorney and For Appointment of Substitute
Counsel by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order, #
2 Exhibit A)(Kiernan, Kathleen) (Entered: 06/11/2014)
106
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 106 of 509
06/12/2014
199
ORDER granting 198 Tanya Chutkan's Motion to Withdraw and for
Appointment of Substitute Counsel; attorney Richard A. Feinstein is
APPOINTED as Co−Chair of the Subscriber Track Experts Committee;
Added attorney Richard A Feinstein for Plaintiffs' Counsel. Attorney Tanya
Chutkan terminated. Signed by Judge R David Proctor on 6/12/14. (ASL)
(Entered: 06/12/2014)
06/12/2014
200
MOTION for Leave to File Amended Complaint by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry) (Entered:
06/12/2014)
06/13/2014
201
TEXT ORDER This matter before the court on the Motion of the Subscriber
Plaintiffs to Amend the Subscriber Track Consolidated Class Action
Complaint. 200 To the extent Defendants have any opposition to the Motion
consistent with Rule 15(a), such opposition SHALL be filed on or before
June 20, 2014.. Signed by Judge R David Proctor on 6/13/2014. (KAM, )
(Entered: 06/13/2014)
06/16/2014
202
Joint MOTION to Amend/Correct Scheduling Order by Defendants' Counsel.
(West, Kimberly) (Entered: 06/16/2014)
06/17/2014
203
TEXT ORDER − This matter is before the court on the Joint Request for an
Amended Scheduling Order. 202 . The request 202 is GRANTED. To the
extent Defendants have any opposition to the Motion of the Subscriber
Plaintiffs to Amend the Subscriber Track Consolidated Class Action
Complaint 200 consistent with Rule 15(a), such opposition SHALL be filed
on or before June 27, 2014. Subscriber Plaintiffs may reply on or before
July 11, 2014. Signed by Judge R David Proctor on 6/17/2014. (AVC)
(Entered: 06/17/2014)
06/18/2014
204
MEMORANDUM OPINION. Signed by Judge R David Proctor on
6/18/2014. (AVC) (Entered: 06/18/2014)
06/18/2014
205
ORDER−In accordance with the Memorandum Opinion 204 , the court
concludes that various Dfts' Motions to Dismiss 107 , 110 , 112 , 113 , 114 ,
116 , 119 , 121 , 122 , 125 ,and 135 are hereby DENIED WITHOUT
PREJUDICE. Dfts' Consolidated Motion to Dismiss 108 is DENIED IN
PART. By 7/15/2014, the parties SHALL file a joint status report regarding a
proposal for consideration of the remaining issues raised in Dfts'
Supplemental Brief in Support of Motion to Dismiss 115 related to the
Consolidated Motion to Dismiss 108 . Signed by Judge R David Proctor on
6/18/2014. (AVC) (Entered: 06/18/2014)
06/19/2014
206
NOTICE of Change of Address by Charles C Hunter (Hunter, Charles)
(Entered: 06/19/2014)
06/19/2014
207
NOTICE of Change of Address by Robert J Axelrod (Axelrod, Robert)
(Entered: 06/19/2014)
06/27/2014
208
RESPONSE to Motion re 200 MOTION for Leave to File Amended
Complaint filed by Defendants' Counsel. (Hoover, Craig) (Entered:
06/27/2014)
07/11/2014
209
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 200 MOTION for
Leave to File Amended Complaint filed by Plaintiffs' Counsel. (Ragsdale,
107
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 107 of 509
Barry) (Entered: 07/11/2014)
07/15/2014
210
STATUS REPORT (Joint Report) by Plaintiffs' Counsel. filed by Plaintiffs'
Counsel (Whatley, Joe) (Entered: 07/15/2014)
07/15/2014
211
STATUS REPORT (Joint Report Regarding Discovery Plan) by Defendants'
Counsel. filed by Defendants' Counsel (Hoover, Craig) (Entered: 07/15/2014)
07/15/2014
212
STATUS REPORT (Joint Report Regarding Pending Motions to Dismiss) by
Defendants' Counsel. filed by Defendants' Counsel (Hoover, Craig) (Entered:
07/15/2014)
07/29/2014
213
NOTICE of Change of Address by Andrew Phillip Campbell (Campbell,
Andrew) (Entered: 07/29/2014)
08/06/2014
214
NOTICE of Change of Address by J Allen Schreiber (Schreiber, J) (Entered:
08/06/2014)
08/14/2014
215
ORDER −re: Motion to Amend the Subscriber Track Consolidated Class
Action Complaint 200 . The motion is GRANTED. All current deadlines to
file amended complaints are VACATED. The remainder of the relief sought
in the Motion to dismiss 108 is DENIED WITHOUT PREJUDICE. The
Complaints to which those arguments are addressed will no longer be the
operative Complaints. Therefore, the remainder of that Motion is MOOT.
Signed by Judge R David Proctor on 8/14/2014. (AVC) (Entered:
08/14/2014)
08/14/2014
216
NOTICE of Change of Address by R Christopher Cowan (Cowan, R)
(Entered: 08/14/2014)
08/25/2014
217
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 8/25/2014. (AVC) (Entered:
08/25/2014)
08/25/2014
218
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 8/25/2014. (AVC) (Entered:
08/25/2014)
08/28/2014
219
STATUS REPORT (Joint) by Defendants' Counsel. filed by Defendants'
Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hoover, Craig)
(Entered: 08/28/2014)
08/28/2014
220
Brief (Memorandum in Support of Plaintiffs' Proposed Discovery Plan).
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) (Entered:
08/28/2014)
08/28/2014
221
Brief re 219 Status Report (Brief in Support of Defendants' Discovery Plan).
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit
4)(Hoover, Craig) (Entered: 08/28/2014)
09/02/2014
222
STATUS REPORT (Advanced Surgery Plaintiffs' Supplemental Status
Report) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
(Entered: 09/02/2014)
09/22/2014
223
ORDER −This case is SET for a status conference on 11/7/2014 at
10:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By
11/3/2014, the parties SHALL submit a joint report containing a proposed
108
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 108 of 509
briefing schedule for motions to dismiss, as well as a proposed agenda of
other items that should be addressed during the status conference. Signed by
Judge R David Proctor on 9/22/2014. (AVC) (Entered: 09/22/2014)
09/30/2014
224
AMENDED COMPLAINT (Consolidated Second Amended Provider
Complaint) against All Defendants, filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered: 09/30/2014)
10/01/2014
225
TEXT ORDER Discovery Hearing set for 10/6/2014 at 11:30 AM in
courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam; court reporter to be present. Signed by
Magistrate Judge T Michael Putnam on 10/1/14. (ASL) (Entered:
10/01/2014)
10/06/2014
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 10/6/2014; statements from plas' and
dfts' counsel; parties to submit discovery plan by 10/14/14; discovery plan to
be entered by Judge Putnam; hrg adj (Court Reporter Teresa Roberson.)
(ASL) (Entered: 10/06/2014)
10/09/2014
226
Transcript of Proceedings held on 10/6/2014, before Magistrate Judge T.
Michael Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone
number 205−492−2483. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/30/2014. Redacted Transcript Deadline set for 11/10/2014.
Release of Transcript Restriction set for 1/7/2015. (Attachments: # 1 cert
page) (AVC) (Entered: 10/09/2014)
10/10/2014
227
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Plaintiffs' Notice
of Filing of Amended Proposed Discovery Plan) (Attachments: # 1 Exhibit A,
# 2 Exhibit B)(Ragsdale, Barry) (Entered: 10/10/2014)
10/14/2014
228
NOTICE by Defendants' Counsel Regarding Updated Discovery Plan
Proposal (Attachments: # 1 Exhibit A (Defendants' Proposed Discovery
Plan))(Hoover, Craig) (Entered: 10/14/2014)
10/16/2014
229
DISCOVERY ORDER NO. 1. Signed by Magistrate Judge T Michael
Putnam on 10/16/2014. (AVC) (Entered: 10/16/2014)
10/20/2014
230
TEXT ORDER re 229 Discovery Order No. 1. At the request of the parties,
the conference with the Magistrate Judge previously set for October 23,
2014, is RESET for Wednesday, October 22, 2014, at 3:00 p.m. CT in Hugo
L Black US Courthouse, Birmingham, AL before Magistrate Judge T
Michael Putnam. Signed by Magistrate Judge T Michael Putnam on October
20, 2014. (AMP) (Entered: 10/20/2014)
10/20/2014
109
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 109 of 509
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 10/20/2014. (Court Reporter none.)
(ASL) (Entered: 10/21/2014)
10/22/2014
231
DISCOVERY ORDER NO. 2. Signed by Magistrate Judge T Michael
Putnam on 10/22/14. (CTS, ) (Entered: 10/22/2014)
10/22/2014
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 10/22/2014; statements from plas' and
dfts' counsel; Discovery Order No. 2 to be entered; hrg adj (Court Reporter
Cheryl Powell.) (ASL) (Entered: 10/22/2014)
10/31/2014
232
NOTICE by Blue Cross Blue Shield of Mississippi, A Mutual Insurance
Company of Service of Discovery Responses (McDowell, M) (Entered:
10/31/2014)
11/05/2014
233
Transcript of Proceedings held on October 22, 2014, before Judge Putnam.
Court Reporter/Transcriber Cheryl Powell. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/26/2014. Redacted Transcript Deadline set for 12/8/2014.
Release of Transcript Restriction set for 2/3/2015. (MRR, ) (Entered:
11/05/2014)
11/06/2014
234
NOTICE of Appearance by Yawanna Nabors McDonald on behalf of
Defendants' Counsel (McDonald, Yawanna) (Entered: 11/06/2014)
11/07/2014
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 11/7/2014. (Court Reporter Leah Turner.) (KLL)
(Entered: 11/07/2014)
11/10/2014
235
TEXT ORDER − The court conducted a status conference in this matter on
November 7, 2014. As discussed during that conference, on or before
December 8, 2014, the parties SHALL file a joint status report regarding
whether they have been able to reach a stipulation regarding how the court
and parties should approach the personal jurisdiction, venue, and improper
party−plaintiff arguments advanced by certain of the Defendants. Signed by
Judge R David Proctor on 11/10/2014. (AVC) (Entered: 11/10/2014)
11/25/2014
236
AMENDED COMPLAINT (Corrected Consolidated Second Amended
Provider Complaint) against All Defendants, filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered: 11/25/2014)
12/02/2014
237
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 12/2/2014. (AVC) (Entered:
12/02/2014)
12/02/2014
238
110
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 110 of 509
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 12/2/2014. (AVC) (Entered:
12/02/2014)
12/02/2014
239
Transcript of Proceedings held on 11/7/2014, before Judge R. David Proctor.
Court Reporter/Transcriber Leah Turner, Telephone number 256−656−8239.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/23/2014. Redacted Transcript Deadline set for 1/2/2015.
Release of Transcript Restriction set for 3/2/2015. (AVC) (Entered:
12/02/2014)
12/08/2014
240
JOINT STATUS REPORT Regarding Personal Jurisdiction and Venue
Motions filed by Defendants' Counsel (Sooy, Kathleen) (Entered:
12/08/2014)
12/17/2014
241
NOTICE by Defendants' Counsel Notice of Agreement Regarding Discovery
Order (Hoover, Craig) (Entered: 12/17/2014)
12/18/2014
242
ORDER −re: Notice of Agreement Regarding Discovery Order 241 . The
court construes the notice as a Joint Motion to Amend Discovery Order No.
1. The motion is GRANTED. The date for completing meet and confers
under Section III.B.1 of Discovery Order No. 1 is extended to 1/14/2015, and
the date for submitting to the Court any unresolved disputes under Section
III.B.1 is extended to 1/16/2015. All other dates and provisions in Discovery
Order No. 1 remain in place.Signed by Magistrate Judge T Michael Putnam
on 12/18/2014. (AVC) (Entered: 12/18/2014)
12/18/2014
243
MOTION for Leave to File Unredacted Version of Motion to Dismiss and
Supporting Declaration Under Seal by Defendants' Counsel. (Payne, Joshua)
(Entered: 12/18/2014)
12/19/2014
244
AMENDED COMPLAINT for Subscriber Track Plaintiffs against All
Defendants, filed by Plaintiffs' Counsel.(Kiernan, Kathleen) (Entered:
12/19/2014)
12/19/2014
245
TEXT ORDER − This matter is before the court on Defendant Capital Blue
Cross's Motion to Leave to File Unredacted Version of Motion to Dismiss
and Supporting Declaration Under Seal. 243 . The Motion 243 is
GRANTED. Capital Blue Cross may file the referenced documents UNDER
SEAL. Signed by Judge R David Proctor on 12/19/2014. (AVC) (Entered:
12/19/2014)
12/22/2014
246
NOTICE by Defendants' Counsel OF AGREEMENT REGARDING CFMI'S
NEED TO ANSWER COMPLAINT (Norman, Brian) (Modified on
12/22/2014 (CTS, ). (Entered: 12/22/2014)
12/22/2014
247
111
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 111 of 509
ANSWER to 236 Amended Complaint by Blue Cross and Blue Shield of
Alabama.(Burkhalter, Carl) (Entered: 12/22/2014)
12/22/2014
248
ANSWER to 244 Amended Complaint by Blue Cross and Blue Shield of
Alabama.(Burkhalter, Carl) (Entered: 12/22/2014)
12/22/2014
249
MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper
Venue by Defendants' Counsel. (Attachments: # 1 Exhibit 1 (Declaration of
Kimberly Meals))(Payne, Joshua) (Entered: 12/22/2014)
12/22/2014
250
TEXT ORDER. Telephone Conference set with Ed Gentle, Barry Ragsdale,
and Kimberly West, for Tuesday, January 6, 2015, at 10:00 AM before
Magistrate Judge T Michael Putnam. Counsel may call chambers by dialing
866−933−0528 and entering PIN number 3894. Court reporter to be present.
Signed by Magistrate Judge T Michael Putnam on December 22, 2014.
(AMP) (Entered: 12/22/2014)
12/22/2014
251
MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper
Venue as to Triple−S Salud, Inc. by Defendants' Counsel. (Attachments: # 1
Exhibit 1 − Declaration of Osvaldo Feliu−Villegas)(Hernandez−Burgos,
Carlos) (Entered: 12/22/2014)
12/22/2014
252
USAble Mutual Insurance Company, dba Arkansas Blue Cross and Blue
Shield's Answer to Subscriber Track Amended Consolidated Class Action
Complaint ANSWER to 244 Amended Complaint by Defendants'
Counsel.(Naranjo, Michael) (Entered: 12/22/2014)
12/22/2014
253
Blue Cross Blue Shield of Michigan's ANSWER to 236 Amended Complaint
to Corrected Consolidated Second Amended Provider Complaint by
Defendants' Counsel.(Campbell, Andrew) (Entered: 12/22/2014)
12/22/2014
254
Blue Cross Blue Shield of Michigan ANSWER to 85 Amended Complaint of
Subscriber Complaint by Defendants' Counsel.(Campbell, Andrew) (Entered:
12/22/2014)
12/22/2014
255
USAble Mutual Insurance Company dba Arkansas Blue Cross and Blue
Shield's Answer to Corrected Consolidated Second Amended Provider Track
Complaint ANSWER to 236 Amended Complaint by Defendants'
Counsel.(Naranjo, Michael) (Entered: 12/22/2014)
12/22/2014
256
MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue
by Blue Cross Blue Shield of Mississippi by movant. (Attachments: # 1
Exhibit 1 (Second Supplemental Declaration of John Proctor III))(McDowell,
M) (Entered: 12/22/2014)
12/22/2014
257
Brief re 256 MOTION to Dismiss for Lack of Personal Jurisdiction and
Improper Venue by Blue Cross Blue Shield of Mississippi filed by movant.
(McDowell, M) (Entered: 12/22/2014)
12/22/2014
258
Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper
Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield by
Defendants' Counsel. (Andress, D) (Entered: 12/22/2014)
12/22/2014
259
MOTION to Dismiss and Brief in Support by National Account Service LLC,
Consortium Health Plans, Inc.. (Attachments: # 1 Text of Proposed
Order)(Zott, David) (Entered: 12/22/2014)
112
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 112 of 509
12/22/2014
260
ANSWER to 236 Amended Complaint by Anthem, Inc..(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
261
ANSWER to 236 Amended Complaint by Blue Cross Blue Shield of Florida,
Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
262
ANSWER to 236 Amended Complaint by Louisiana Health Service &
Indemnity Company.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
263
ANSWER to 236 Amended Complaint by Blue Cross and Blue Shield of
Massachusetts, Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
264
ANSWER to 236 Amended Complaint by BCBSM, Inc.,.(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
265
ANSWER to 236 Amended Complaint by Blue Cross and Blue Shield of
North Carolina.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
266
ANSWER to 236 Amended Complaint by Blue Cross Blue Shield of Rhode
Island.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
267
ANSWER to 236 Amended Complaint by Blue Cross and Blue Shield of
South Carolina.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
268
ANSWER to 236 Amended Complaint by Blue Cross Blue Shield of
Tennessee, Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
269
ANSWER to 236 Amended Complaint by Blue Cross Blue Shield of
Vermont.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
270
ANSWER to 236 Amended Complaint by Cambia Health Solutions,
Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
271
ANSWER to 236 Amended Complaint by Hawaii Medical Service
Association.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
272
ANSWER to 236 Amended Complaint by Horizon Blue Cross Blue Shield of
New Jersey.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
273
ANSWER to 236 Amended Complaint by Wellmark, Inc..(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
274
ANSWER to 244 Amended Complaint by Anthem, Inc..(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
275
ANSWER to 244 Amended Complaint by Blue Cross Blue Shield of Florida,
Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
276
ANSWER to 244 Amended Complaint by Louisiana Health Service &
Indemnity Company.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
277
ANSWER to 244 Amended Complaint by Blue Cross and Blue Shield of
Massachusetts, Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
278
ANSWER to 244 Amended Complaint by BCBSM, Inc.,.(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
279
ANSWER to 244 Amended Complaint by Blue Cross and Blue Shield of
113
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 113 of 509
North Carolina.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
280
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Blue
Cross of Northeastern Pennsylvania. (Attachments: # 1 Memorandum in
Support, # 2 Affidavit of Brian Rinker, # 3 Text of Proposed Order Proposed
Order)(Madden, Lezlie) (Entered: 12/22/2014)
12/22/2014
281
ANSWER to 244 Amended Complaint by Blue Cross Blue Shield of Rhode
Island.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
282
ANSWER to 244 Amended Complaint by Blue Cross and Blue Shield of
South Carolina.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
283
ANSWER to 244 Amended Complaint by Blue Cross Blue Shield of
Tennessee, Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
284
ANSWER to 244 Amended Complaint by Blue Cross Blue Shield of
Vermont.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
285
ANSWER to 244 Amended Complaint by Cambia Health Solutions,
Inc..(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
286
ANSWER to 244 Amended Complaint by Hawaii Medical Service
Association.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
287
ANSWER to 244 Amended Complaint by Horizon Blue Cross Blue Shield of
New Jersey.(Hoover, Craig) (Entered: 12/22/2014)
12/22/2014
288
ANSWER to 244 Amended Complaint by Wellmark, Inc..(Hoover, Craig)
(Entered: 12/22/2014)
12/22/2014
289
ANSWER to 236 Amended Complaint by Blue Cross Blue Shield
Association.(Zott, David) (Entered: 12/22/2014)
12/22/2014
290
ANSWER to 236 Amended Complaint by Defendants' Counsel.(Adcox,
Rachel) (Entered: 12/22/2014)
12/22/2014
291
ANSWER to 244 Amended Complaint by CareFirst, Inc..(Norman, Brian)
(Entered: 12/22/2014)
12/22/2014
292
ANSWER to 244 Amended Complaint by CareFirst of Maryland,
Inc..(Norman, Brian) (Entered: 12/22/2014)
12/22/2014
293
ANSWER to 244 Amended Complaint by Group Hospitalization and
Medical Services, Inc..(Norman, Brian) (Entered: 12/22/2014)
12/22/2014
294
ANSWER to Complaint with Jury Demand re: 244 (Subscriber Track, D.I.
244) by Defendants' Counsel.(Adcox, Rachel) (Entered: 12/22/2014)
12/22/2014
295
ANSWER to 244 Amended Complaint by Blue Cross Blue Shield
Association.(Zott, David) (Entered: 12/22/2014)
12/22/2014
296
ANSWER to 236 Amended Complaint by CareFirst, Inc..(Norman, Brian)
(Entered: 12/22/2014)
12/22/2014
297
ANSWER to 236 Amended Complaint by Blue Shield of California.(West,
Kimberly) (Entered: 12/22/2014)
114
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 114 of 509
12/22/2014
298
Defendant Premera Blue Cross's Answer and Affirmative Defenses
ANSWER to 236 Amended Complaint by Premera Blue Cross.(Payton,
Gwendolyn) (Entered: 12/22/2014)
12/22/2014
299
ANSWER to 236 Amended Complaint by CareFirst of Maryland,
Inc..(Norman, Brian) (Entered: 12/22/2014)
12/22/2014
300
ANSWER to 244 Amended Complaint by Blue Shield of California.(West,
Kimberly) (Entered: 12/22/2014)
12/22/2014
301
Defendant Premera Blue Crosss Answer and Affirmative Defenses ANSWER
to 244 Amended Complaint by Premera Blue Cross.(Payton, Gwendolyn)
(Entered: 12/22/2014)
12/22/2014
302
ANSWER to 236 Amended Complaint by Group Hospitalization and
Medical Services, Inc..(Norman, Brian) (Entered: 12/22/2014)
12/22/2014
303
ANSWER to 236 Amended Complaint by Health Care Service Corporation
and Caring for Montanan's, Inc..(West, Kimberly) (Entered: 12/22/2014)
12/22/2014
304
ANSWER to 244 Amended Complaint by Health Care Service Corporation
and Caring for Montanan's, Inc..(West, Kimberly) (Entered: 12/22/2014)
12/22/2014
305
Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury
Demand (Answer to 236 Corrected Consolidated Second Amended Provider
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 12/22/2014)
12/22/2014
306
ANSWER to 236 Amended Complaint by Highmark, Inc..(West, Kimberly)
(Entered: 12/22/2014)
12/22/2014
307
ANSWER to 244 Amended Complaint by Highmark, Inc..(West, Kimberly)
(Entered: 12/22/2014)
12/22/2014
308
Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury
Demand (Answer to 244 Amended Complaint for Subscriber Track Plaintiffs
against All Defendants) by Defendants' Counsel.(Sooy, Kathleen) (Entered:
12/22/2014)
12/22/2014
309
Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with
Jury Demand (Answer to 236 Corrected Consolidated Second Amended
Provider Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered:
12/22/2014)
12/22/2014
310
Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with
Jury Demand (Answer to 244 Amended Complaint for Subscriber Track
Plaintiffs against All Defendants by Defendants' Counsel.(Sooy, Kathleen)
(Entered: 12/22/2014)
12/22/2014
311
Blue Cross of Idaho Health Service Inc.'s ANSWER to Complaint with Jury
Demand (Answer to 236 Corrected Consolidated Second Amended Provider
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 12/22/2014)
12/22/2014
312
Blue Cross of Idaho Health Service Inc.'s ANSWER to Complaint with Jury
Demand (Answer to 244 Amended Complaint for Subscriber Track Plaintiffs
against All Defendants) by Defendants' Counsel.(Sooy, Kathleen) (Entered:
12/22/2014)
115
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 115 of 509
12/22/2014
313
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by
Defendants' Counsel. (Attachments: # 1 Memorandum in Support of Motion
to Dismiss, # 2 Exhibit 1 − Supplemental Affidavit of Christine Epper (AZ),
# 3 Exhibit 2 − Affidavit of Shelley Pittman (KS), # 4 Exhibit 3 −
Supplemental Affidavit of Dave Keiter (WY), # 5 Exhibit 4 − Supplemental
Affidavit of David Horn (HHNY), # 6 Exhibit 5 − Affidavit of Sharon
Fletcher (ND)(Sooy, Kathleen) (Entered: 12/22/2014)
12/22/2014
314
SEALED MOTION of Capital BlueCross to dismiss. (Attachments: # 1
Exhibit 1)(KAM, ) (Entered: 12/24/2014)
01/06/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 1/6/2015. (Court Reporter Teresa
Roberson.) (ASL) (Entered: 01/06/2015)
01/06/2015
315
TEXT ORDER. Pursuant to the telephone conference held on January 6,
2015, the Status Conference set by Discovery Order No. 1 (doc. 229) shall be
held on Thursday, January 22, 2015, at 1:30 PM in Courtroom 3B, at the
Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T
Michael Putnam. Any letter briefs regarding issues to be discussed at the
Status Conference shall be submitted by the Plaintiffs no later than January
16, 2015. The Defendants may file a response no later than noon CST on
January 21, 2015. Signed by Magistrate Judge T Michael Putnam on January
6, 2015. (AMP, ) (Entered: 01/06/2015)
01/12/2015
316
ORDER −This case is SET for a status conference on 1/21/2015 at
10:00a.m., in Courtroom 7A of the Hugo L. Black United States Courthouse.
By 1/19/2015, the parties SHALL submit a joint report containing a proposed
briefing schedule for pending motions, as well as a proposed agenda of other
items that should be addressed during the status conference. Signed by Judge
R David Proctor on 1/12/2015. (AVC) (Entered: 01/12/2015)
01/13/2015
317
CONDITIONAL TRANSFER ORDER (CTO−15) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 cto−15 schedule with NDAL case number)(AVC)
(Entered: 01/13/2015)
01/15/2015
318
NOTICE of Change of Address by R Christopher Cowan (Cowan, R)
(Entered: 01/15/2015)
01/19/2015
319
REPORT Regarding Briefing Schedule and Agenda for Status Conference of
January 21 2015 by Special Master. (Gentle, Edgar) (Entered: 01/19/2015)
01/20/2015
320
NOTICE by Defendants' Counsel of Joint Motion for Entry of Proposed Case
Management Order Regarding Deposition Guidelines (Attachments: # 1
Proposed Case Management Order No. ___ : Deposition Guidelines)(Hoover,
Craig) (Entered: 01/20/2015)
01/21/2015
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 1/21/2015. (Court Reporter Leah Turner.) (KLL)
(Entered: 01/21/2015)
01/22/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing/Status Conference held on 1/22/2015. (Court
Reporter Teresa Roberson.) (ASL) (Entered: 01/22/2015)
116
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 116 of 509
01/27/2015
321
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 12/1/2014 through 12/31/2014.
Signed by Judge R David Proctor on 1/27/2015. (AVC) (Entered:
01/27/2015)
01/27/2015
322
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 12/1/2014 through 12/31/2014.
Signed by Judge R David Proctor on 1/27/2015. (AVC) (Entered:
01/27/2015)
02/06/2015
323
RESPONSE in Opposition re 313 MOTION to Dismiss for Lack of
Jurisdiction and Improper Venue, 258 Supplemental MOTION to Dismiss for
Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc. d/b/a
Excellus BlueCross BlueShield, 249 MOTION to Dismiss for Lack of
Jurisdiction (Personal) and Improper Venue, 280 MOTION to Dismiss for
Lack of Jurisdiction and Improper Venue, 251 MOTION to Dismiss for Lack
of Jurisdiction (Personal) and Improper Venue as to Triple−S Salud, Inc.,
256 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper
Venue by Blue Cross Blue Shield of Mississippi filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 02/06/2015)
02/06/2015
324
DISCOVERY MEMORANDUM NO. 1. Signed by Magistrate Judge T
Michael Putnam on 2/6/2015. (AVC) (Entered: 02/06/2015)
02/06/2015
325
RESPONSE to Motion re 259 MOTION to Dismiss and Brief in Support,
313 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, 258
Supplemental MOTION to Dismiss for Lack of Jurisdiction and Improper
Venue by Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield,
249 MOTION to Dismiss for Lack of Jurisdiction (Personal) and Improper
Venue, 280 MOTION to Dismiss for Lack of Jurisdiction and Improper
Venue, 251 MOTION to Dismiss for Lack of Jurisdiction (Personal) and
Improper Venue as to Triple−S Salud, Inc., 314 SEALED MOTION, 256
MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue
by Blue Cross Blue Shield of Mississippi (Subscriber Plaintiffs' Response to
Motions to Dismiss Asserting Lack of Personal Jurisdiction and Improper
Venue) filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
02/06/2015)
02/10/2015
326
Transcript of Proceedings held on 1/21/2015, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 3/3/2015. Redacted Transcript Deadline set for 3/13/2015.
Release of Transcript Restriction set for 5/11/2015. (AVC) (Entered:
02/10/2015)
117
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 117 of 509
02/12/2015
327
DISCOVERY ORDER NO. 3. Signed by Magistrate Judge T Michael
Putnam on 2/12/2015. (AVC) (Entered: 02/12/2015)
02/13/2015
328
RESPONSE in Opposition re 259 MOTION to Dismiss and Brief in Support
filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 02/13/2015)
02/16/2015
329
Joint MOTION for Discovery Order for New Parties by Consortium Health
Plans, Inc., National Account Service LLC. (Attachments: # 1 Text of
Proposed Order)(Zott, David) (Entered: 02/16/2015)
02/18/2015
330
TEXT ORDER. Pursuant to notification by the Special Master that the parties
are not in need of a discovery conference at this time, the monthly status call
implemented by Discovery Order No. 1 (doc. 229) is cancelled for the month
of February, 2015. Signed by Magistrate Judge T Michael Putnam on
February 18, 2015. (AMP, ) (Entered: 02/18/2015)
02/20/2015
331
MOTION for Discovery Schedule for Defendants Responses to Plaintiffs
Requests for Production (Unopposed) by Defendants' Counsel. (Attachments:
# 1 Text of Proposed Order)(Zott, David) (Entered: 02/20/2015)
02/23/2015
332
DISCOVERY ORDER NO. 4 (NEW PARTIES). Signed by Magistrate
Judge T Michael Putnam on 2/23/2015. (AVC) (Entered: 02/23/2015)
02/23/2015
333
DISCOVERY ORDER NO. 5 −− SETTING DISCOVERY SCHEDULE
FOR RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION−
Certain dfts who have identified themselves to pltfs will have until 2/26/2015
to serve written responses and objections to the RFPs; The remaining dfts
will have until 3/25/2015 to serve their written responses and objections to
the RFPs. Signed by Magistrate Judge T Michael Putnam on 2/23/2015.
(AVC) (Entered: 02/23/2015)
02/27/2015
334
ORDER −This case is SET for a status conference on 3/17/2015 at
10:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By
3/13/2015, the parties SHALL submit a joint report containing a proposed
agenda of items the parties wish to be addressed during the status conference.
Signed by Judge R David Proctor on 2/27/2015. (AVC) (Entered:
02/27/2015)
03/09/2015
335
NOTICE of Change of Address by Richard P Rouco (Rouco, Richard)
(Entered: 03/09/2015)
03/10/2015
336
RESPONSE in Support re 313 MOTION to Dismiss for Lack of Jurisdiction
and Improper Venue filed by Defendants' Counsel. (Sooy, Kathleen)
(Entered: 03/10/2015)
03/10/2015
337
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference of March 17, 2015 by Special Master. filed by Special Master
(Gentle, Edgar) (Entered: 03/10/2015)
03/10/2015
338
REPLY to Response to Motion re 258 Supplemental MOTION to Dismiss
for Lack of Jurisdiction and Improper Venue by Excellus Health Plan, Inc.
d/b/a Excellus BlueCross BlueShield filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A: Affidavit of Todd Muscatello, # 2 Exhibit B:
Affidavit of Denise Carlson)(Andress, D) (Entered: 03/10/2015)
03/10/2015
339
118
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 118 of 509
REPLY to Response to Motion re 249 MOTION to Dismiss for Lack of
Jurisdiction (Personal) and Improper Venue, 314 SEALED MOTION of
Capital BlueCross filed by Defendants' Counsel. (Payne, Joshua) (Entered:
03/10/2015)
03/10/2015
340
REPLY to Response to Motion re 251 MOTION to Dismiss for Lack of
Jurisdiction (Personal) and Improper Venue as to Triple−S Salud, Inc. filed
by Defendants' Counsel. (Hernandez−Burgos, Carlos) (Entered: 03/10/2015)
03/10/2015
341
REPLY Brief filed by Movant movant re: 256 MOTION to Dismiss for Lack
of Personal Jurisdiction and Improper Venue by Blue Cross Blue Shield of
Mississippi filed by movant. (McDowell, M) (Entered: 03/10/2015)
03/10/2015
342
MOTION to Intervene by Amber Lambert, Jonathan Rich. (AVC) (Entered:
03/11/2015)
03/11/2015
343
Joint MOTION For Entry of Proposed Case Management Order Regarding
Protocol Relating to the Production of Documents and Electronically Stored
Information by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
03/11/2015)
03/12/2015
344
ORDER −re: Motion to Intervene with Newly Discovered Evidence 342 .
The motion is DENIED WITHOUT PREJUDICE because it fails to attach a
proposed Complaint in Intervention. The parties should be prepared to
discuss an appropriate resolution of Lambert's and Rich's desire to intervene
at the status conference on 3/17/2015 at 10:00a.m., in Courtroom 7A of the
Hugo L Black US Courthouse. Signed by Judge R David Proctor on
3/12/2015. (AVC) (Entered: 03/12/2015)
03/16/2015
345
REPLY to Response to Motion re 259 MOTION to Dismiss and Brief in
Support filed by National Account Service LLC, Consortium Health Plans,
Inc.. (Zott, David) (Entered: 03/16/2015)
03/17/2015
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 3/17/2015. (Court Reporter Leah Turner.) (KLL)
(Entered: 03/17/2015)
03/23/2015
346
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, March 26, 2015, at 3:00 PM, via telephone,
as arranged by the Special Master. Court reporter to be present. Any written
submissions by the parties are governed by subsection II.D.2. of Discovery
Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam
on March 23, 2015. (AMP) (Entered: 03/23/2015)
03/23/2015
347
Transcript of Proceedings held on 3/17/2015, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number
256−656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
119
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 119 of 509
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/13/2015. Redacted Transcript Deadline set for 4/23/2015.
Release of Transcript Restriction set for 6/21/2015. (AVC) (Entered:
03/23/2015)
03/25/2015
348
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2015 through
February 28, 2015. Signed by Judge R David Proctor on 3/25/2015. (AVC)
(Entered: 03/25/2015)
03/25/2015
349
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2015 through
February 28, 2015. Signed by Judge R David Proctor on 3/25/2015. (AVC)
(Entered: 03/25/2015)
03/25/2015
350
JOINT STATUS REPORT Regarding Status of Discovery by Defendants'
Counsel. (Hoover, Craig) (Entered: 03/25/2015)
03/26/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Status Conference held on 3/26/2015. (Court Reporter
Teresa Roberson.) (ASL) (Entered: 03/26/2015)
04/07/2015
351
NOTICE by Plaintiffs' Counsel of Filings in Related MDL Proceedings
(Guin, David) (Entered: 04/07/2015)
04/08/2015
352
CONDITIONAL TRANSFER ORDER (CTO−16) from Judicial Panel on
MDL 2406 transferring 5 actions to the Northern District of Alabama.
(Attachments: # 1 cto−16 schedule)(AVC) (Entered: 04/08/2015)
04/09/2015
353
ORDER −The parties are ORDERED to file a joint written status report by
4/20/2015 addressing the issues as set out. Signed by Judge R David Proctor
on 4/9/2015. (AVC) (Entered: 04/09/2015)
04/15/2015
354
Joint MOTION for Entry of Expert Stipulation and Proposed Order by
Defendants' Counsel. (Attachments: # 1 Text of Proposed Order)(Zott,
David) (Entered: 04/15/2015)
04/15/2015
355
DISCOVERY ORDER NO. 6 − EXPERT STIPULATION. Signed by
Magistrate Judge T Michael Putnam on 4/15/2015. (AVC) (Entered:
04/15/2015)
04/16/2015
356
CASE MANAGEMENT AND DISCOVERY ORDER No. 7: PROTOCOL
RELATING TO THE PRODUCTION OF DOCUMENTS AND
ELECTRONICALLY STORED INFORMATION. Signed by Magistrate
Judge T Michael Putnam on 4/16/2015. (AVC) (Entered: 04/16/2015)
04/20/2015
357
TEXT ORDER. Pursuant to notification by the Special Master that the parties
are not in need of a discovery conference at this time, the monthly discovery
status conference call implemented by Discovery Order No. 1 (doc. 229) is
cancelled for the month of April, 2015. Signed by Magistrate Judge T
Michael Putnam on April 20, 2015. (AMP) (Entered: 04/20/2015)
04/20/2015
358
ORDER −This case is SET for a status conference on 5/19/2015 at
10:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By
5/15/2015, the parties SHALL submit a joint report containing proposed
agenda of items the parties wish to be addressed during the status conference.
120
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 120 of 509
Signed by Judge R David Proctor on 4/20/2015. (AVC) (Entered:
04/20/2015)
04/20/2015
359
JOINT STATUS REPORT by Defendants' Counsel. (Sooy, Kathleen)
(Entered: 04/20/2015)
04/21/2015
360
ORDER − re: 359 Joint Status Report. In light of the stated desire of a
subgroup of the moving Dfts to present additional oral argument on the
pending personal jurisdiction and venue motions, the court will entertain
additional argument at the 5/19/2015 status conference. However, those Dfts
wishing to present argument SHALL confer and coordinate so that only one
attorney will argue for those Dfts wishing to present additional argument on
the issue of personal jurisdiction and another single attorney will argue for
those Dfts wishing to present additional argument on the issue of venue.
Signed by Judge R David Proctor on 4/21/2015. (AVC) (Entered:
04/21/2015)
04/27/2015
361
CONDITIONAL TRANSFER ORDER (CTO−17) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 cto−17 schedule)(AVC) (Entered: 04/27/2015)
05/04/2015
362
REPORT Regarding Proposed Agenda for Status Conference of May 19,
2015 by Special Master. (Gentle, Edgar) (Entered: 05/04/2015)
05/08/2015
363
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel of Plaintiffs'
Position on Discovery Limits (Attachments: # 1 Exhibit A)(Whatley, Joe)
(Entered: 05/08/2015)
05/08/2015
364
NOTICE by Defendants' Counsel of Defendants' Proposed Discovery Limits
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Hoover, Craig) (Entered: 05/08/2015)
05/14/2015
365
NOTICE by Defendants' Counsel re 249 MOTION to Dismiss for Lack of
Jurisdiction (Personal) and Improper Venue, 314 SEALED MOTION
Capital BlueCross's Notice of Filing of Supplemental Declaration in Support
of Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue
(Attachments: # 1 Supplement Supplemental Declaration of Kimberly
Meals)(Payne, Joshua) (Entered: 05/14/2015)
05/19/2015
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 5/19/2015. (Court Reporter Leah Turner.) (KLL)
(Entered: 05/19/2015)
05/21/2015
366
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, May 28, 2015 at 11:00 AM, in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions by the parties are governed by subsection II.D.2. of Discovery
Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam
on May 21, 2015. (AMP) (Entered: 05/21/2015)
05/26/2015
367
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from March 1, 2015
through April 30, 2015. Signed by Judge R David Proctor on 5/26/2015.
(AVC) (Entered: 05/26/2015)
121
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 121 of 509
05/26/2015
368
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from March 1, 2015
through April 30, 2015. Signed by Judge R David Proctor on 5/26/2015.
(AVC) (Entered: 05/26/2015)
05/27/2015
369
ORDER−re: Supplemental Motions to Dismiss 249 , 251 , 256 , 258 , 280 ,
313 , and 314 . The Motions are due to be and hereby are DENIED
WITHOUT PREJUDICE. The moving dfts may renew those motions after
jurisdictional discovery is complete, if there is a basis for dismissal under
Rules 12(b)(2) and/or (3). The parties are DIRECTED to work with Judge
Putnam to develop a discovery plan which will allow for jurisdictional
discovery. Signed by Judge R David Proctor on 5/26/2015. (AVC) (Entered:
05/27/2015)
05/27/2015
370
ORDER−re: Motion to Dismiss filed by NAS and CHP 259 . The motion is
DENIED. The parties are DIRECTED to work with Judge Putnam to develop
a discovery plan which will encompass expedited discovery on issues
relevant to these Defendants' arguments for dismissal. Signed by Judge R
David Proctor on 5/26/2015. (AVC) (Entered: 05/27/2015)
05/27/2015
371
Transcript of Proceedings held on 5/19/2015, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/17/2015. Redacted Transcript Deadline set for 6/27/2015.
Release of Transcript Restriction set for 8/25/2015. (AVC) (Entered:
05/27/2015)
05/28/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 5/28/2015. (Court Reporter Sabrina
Lewis.) (ASL) (Entered: 05/28/2015)
06/04/2015
372
CASE MANAGEMENT AND DISCOVERY ORDER No. 8. Signed by
Magistrate Judge T. Michael Putnam on 6/4/2015. (KAM, ) Modified on
6/5/2015 (KAM, ). (Entered: 06/04/2015)
06/12/2015
373
MOTION to Appoint Counsel Michael Murphy to Discovery Committee for
the Provider Track (Unopposed) by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 06/12/2015)
06/15/2015
374
ORDER−re: 373 Motion to Appoint Michael L. Murphy to the Discovery
Committee for the Provider Track. The motion is GRANTED. Mr. Murphy is
APPOINTED to serve on the Provider Track Discovery Committee. Signed
by Judge R David Proctor on 6/15/2015. (AVC) (Entered: 06/15/2015)
06/19/2015
375
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, June 25, 2015 at 3:00 p.m., via telephone, as
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arranged by the Special Master. Court reporter to be present. Any written
submissions by the parties are governed by subsection II.D.2. of Discovery
Order No. 1. (Doc. 229, p. 6). Signed by Magistrate Judge T Michael Putnam
on June 19, 2015. (AMP) (Entered: 06/19/2015)
06/25/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 6/25/2015. (Court Reporter Cheryl
Powell.) (ASL) (Entered: 06/25/2015)
06/25/2015
376
ORDER −Discovery Order No. 1 229 is hereby amended that all meet and
confers regarding Structured Data request shall be completed by 8/28/2015.
All other dates and provisions in Discovery Order No. 1 remain in place.
Signed by Magistrate Judge T Michael Putnam on 6/25/2015. (AVC)
(Entered: 06/25/2015)
07/01/2015
377
STATUS REPORT Regarding Case Management by Defendants' Counsel.
(Hoover, Craig) (Entered: 07/01/2015)
07/01/2015
378
Provider Plaintiffs' Submission Regarding Streamlining of the Litigation,
Class Certification and Trial by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
1)(Whatley, Joe) (Entered: 07/01/2015)
07/01/2015
379
Subscriber Plaintiffs' Submission Regarding Streamlining of the Litigation,
Class Certification and Trial by Plaintiffs' Counsel. (Bailey, Arthur) (Entered:
07/01/2015)
07/09/2015
380
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, July 23, 2015 at 1:00 PM, in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions by the parties are governed by subsection II.D.2 of Discovery
Order No. 1. Signed by Magistrate Judge T Michael Putnam on July 9, 2015.
(AMP) (Entered: 07/09/2015)
07/09/2015
381
ORDER−This case is SET for a status conference on 8/19/2015 at 10:30a.m.
in Courtroom 7A of the Hugo L Black US Courthouse. By 8/17/2015, the
parties SHALL submit a joint report containing a proposed agenda of items
the parties wish to be addressed during the status conference. Signed by
Judge R David Proctor on 7/9/2015. (AVC) (Entered: 07/09/2015)
07/13/2015
382
TEXT ORDER. The Status Conference previously set for July 23, 2015, is
RESET for Wednesday, July 29, 2015 at 10:00 AM, in Courtroom 3B of the
Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge T
Michael Putnam. Court reporter to be present. Any written submissions by
the parties are governed by subsection II.D.2 of Discovery Order No. 1.
Signed by Magistrate Judge T Michael Putnam on July 13, 2015. (AMP)
(Entered: 07/13/2015)
07/15/2015
383
REPLY in Support of 377 Defendants' Case Management Proposal filed by
Defendants' Counsel. (Hoover, Craig) (Entered: 07/15/2015)
07/15/2015
384
Reply in Support of 378 Provider Plaintiffs' Submission Regarding
Streamlining of the Litigation, Class Certification and Trial by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 07/15/2015)
07/15/2015
385
123
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Subscriber Plaintiffs' Response to 377 Defendants' Status Report Regarding
Case Management by Plaintiffs' Counsel. (Jones, Megan) (Entered:
07/15/2015)
07/17/2015
386
JOINT STATUS REPORT Regarding Discovery Order No. 8 by Defendants'
Counsel. (Hoover, Craig) (Entered: 07/17/2015)
07/21/2015
387
SEALED MOTION−Motion to Compel BCBS−SC Production of 30(B)(6)
Witnesses and Documents and Memorandum of Points and Authorities in
Support Thereof by Plaintiffs' Counsel. (Attachments: # 1 Declaration, # 2
Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(AVC) (Entered:
07/21/2015)
07/22/2015
388
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 7/22/2015. (AVC) (Entered:
07/22/2015)
07/22/2015
389
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 7/22/2015. (AVC) (Entered:
07/22/2015)
07/29/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 7/29/2015. Written order to be entered at
a later date. (Court Reporter Teresa Robertson.) (YMB) (Entered:
07/29/2015)
08/04/2015
390
TEXT ORDER re 387 SEALED MOTION filed by Plaintiffs' Counsel. As
discussed at the Status Conference held July 29, 2015, the defendants'
response to the Sealed Motion (doc. 387 ) is due no later than August 7,
2015. Any reply is due no later than August 14, 2015. Signed by Magistrate
Judge T Michael Putnam on August 4, 2015. (AMP) (Entered: 08/04/2015)
08/04/2015
391
DISCOVERY MEMORANDUM NO. 2. Signed by Magistrate Judge T
Michael Putnam on 8/4/2015. (AVC) (Entered: 08/04/2015)
08/07/2015
392
***Document Sealed−Pursuant to Protective Order 145 −Response in
Opposition to Joint Motion to Compel Production of 30(B)(6) Witnesses and
Documents (Attachments: # 1 Table of Contents and Exhibit 1, # 2 Exhibit 2,
# 3 Exhibit 3 Part 1, # 4 Exhibit 3 Part 2, # 5 Exhibit 3 Part 3, # 6 Exhibit 3
Part 4, # 7 Exhibit 3 Part 5, # 8 Exhibits 4−7) (AVC) (Entered: 08/07/2015)
08/10/2015
393
CONDITIONAL TRANSFER ORDER (CTO−19) from Judicial Panel on
MDL 2406 transferring 5 actions to the Northern District of Alabama.
(Attachments: # 1 cto−19 schedule w/NDAL case numbers)(AVC) (Entered:
08/10/2015)
08/14/2015
394
Report Regarding Proposed Agenda for Status Conference of August 19,
2015 (Gentle, Edgar) (Entered: 08/14/2015)
08/14/2015
395
***SEALED*** Joint REPLY Memorandum in Further Support of Its 387
Motion to Compel BCBS−SC Production of 30(B)(6) Witnesses and
Documents. (YMB) (Entered: 08/17/2015)
08/19/2015
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 8/19/2015. (Court Reporter Leah Turner.) (KLL)
(Entered: 08/19/2015)
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08/20/2015
396
ORDER −It is ORDERED that by 9/2/2015, the parties SHALL file
simultaneous initial briefs, limited to thirty (30) pages, addressing the
questions posed by the court at the status conference. By 9/9/2015, the parties
may file responsive briefs, limited to fifteen (15) pages, on these issues.
Signed by Judge R David Proctor on 8/20/2015. (AVC) (Entered:
08/20/2015)
08/21/2015
397
TEXT ORDER. The Status Conference set by Discovery Order No.1 (doc.
229) shall be held on Thursday, August 27, 2015 at 1:00 PM, in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam.Court reporter to be present. Any written
submissions by the parties are governed by subsection II.D.2 of Discovery
Order No.1. Signed by Magistrate Judge T Michael Putnam on August 21,
2015. (AMP) (Entered: 08/21/2015)
08/24/2015
398
Transcript of Proceedings held on 8/19/2015, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number
256−656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015.
Release of Transcript Restriction set for 11/22/2015. (AVC) (Entered:
08/24/2015)
08/25/2015
399
Transcript of Proceedings held on 1/6/2015, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
205−492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015.
Release of Transcript Restriction set for 11/23/2015. (Attachments: # 1
certification page) (AVC) (Entered: 08/25/2015)
08/25/2015
400
Transcript of Proceedings held on 3/26/2015, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
205−492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
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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. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015.
Release of Transcript Restriction set for 11/23/2015. (Attachments: # 1
certification page) (AVC) (Entered: 08/25/2015)
08/25/2015
401
Transcript of Proceedings held on 7/29/2015, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
205−492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/15/2015. Redacted Transcript Deadline set for 9/25/2015.
Release of Transcript Restriction set for 11/23/2015. (Attachments: # 1
certification page) (AVC) (Entered: 08/25/2015)
08/25/2015
402
MOTION for Protective Order to Preclude Discovery of Unrelated Litigation
by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Attachments: # 1
Supplement Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, #
5 Exhibit D)(Campbell, Andrew) (Entered: 08/25/2015)
08/26/2015
403
CONDITIONAL TRANSFER ORDER (CTO−20) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 cto−20 schedule w/NDAL case numbers)(AVC) (Entered:
08/26/2015)
08/26/2015
404
CONDITIONAL TRANSFER ORDER (CTO−21) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 cto−21 schedule w/NDAL case numbers)(AVC) (Entered:
08/26/2015)
08/27/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference − Discovery Hearing held on 8/27/2015. (Court
Reporter Lindy Fuller.) (ASL) (Entered: 08/27/2015)
08/27/2015
405
ORDER AMENDING DISCOVERY ORDER NO. 1. Signed by Magistrate
Judge T Michael Putnam on 8/27/2015. (AVC) (Entered: 08/27/2015)
08/27/2015
406
TEXT ORDER re 402 MOTION for Protective Order. Plaintiffs may file a
Response to the Motion for Protective Order and a Motion to Compel no later
than September 1, 2015. Defendant Blue Cross Blue Shield of Michigan may
file a Response to the Plaintiffs' Motion to Compel no later than September 8,
2015. No Replies to be filed. A Hearing regarding the Motion for Protective
Order and any Motion to Compel filed by the Plaintiffs is SET for Thursday,
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September 17, 2015, at 10:00 AM in Courtroom 3B of the Hugo L Black US
Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam.
Court reporter to be present. Signed by Magistrate Judge T Michael Putnam
on August 27, 2015. (AMP) (Entered: 08/27/2015)
08/27/2015
407
TEXT ORDER. As discussed in the Discovery Status Conference held
August 27, 2015, any Motions to Compel by the Plaintiffs regarding access to
BCBSA archives or production of documents concerning the pending
Anthem/Cigna merger may be filed no later than September 14, 2015. Any
Response by the Defendants may be filed no later than September 21, 2015.
No Replies shall be filed. Oral argument on the Motions will be heard
immediately following the September 2015 Discovery Status Conference.
Signed by Magistrate Judge T Michael Putnam on August 27, 2015. (AMP, )
(Entered: 08/27/2015)
09/01/2015
408
MOTION to Compel Production of Documents by Blue Cross Blue Shield of
Michigan by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed
Order)(Whatley, Joe) (Entered: 09/01/2015)
09/01/2015
409
Brief in Support of 408 Motion to Compel Production of Documents and in
Opposition to 402 Motion for Protective Order by filed by Plaintiffs'
Counsel. (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)(Whatley, Joe) (Entered: 09/01/2015)
09/02/2015
410
DISCOVERY ORDER No. 9. Signed by Magistrate Judge T Michael Putnam
on 9/2/2015. (AVC) (Entered: 09/02/2015)
09/08/2015
411
BRIEF in Response to 408 Motion to Compel Production of Documents by
Blue Cross Blue Shield of Michigan . (Campbell, Andrew) (Entered:
09/08/2015)
09/08/2015
412
Brief Regarding 396 Certification and Trial of a Nationwide Injunction Class
and an Alabama Damages Class. (Whatley, Joe) (Entered: 09/08/2015)
09/08/2015
413
SUPPLEMENTAL SUBMISSION Regarding Case Management by
Defendants' Counsel. (Attachments: # 1 Exhibit A)(Hoover, Craig) (Entered:
09/08/2015)
09/08/2015
414
POST−HEARING Submission in Support of 396 Proposal to Streamline the
Litigation filed by Plaintiffs' Counsel. (Guin, David) (Entered: 09/08/2015)
09/08/2015
415
Brief in Response to 396 Court's August 20,2015 Order, filed by Defendants'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Burkhalter, Carl) (Entered: 09/08/2015)
09/09/2015
416
CONDITIONAL TRANSFER ORDER (CTO−22) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 cto−22 schedule with NDAL case number)(AVC)
(Entered: 09/09/2015)
09/11/2015
417
Consent MOTION for Extension of Time to Object to Court's Discovery
Order No. 9 by Defendants' Counsel. (Rogers, Bruce) (Entered: 09/11/2015)
09/11/2015
418
TEXT ORDER − This matter is before the court on Defendant Blue Cross
and Blue Shield of South Carolina's Consent Motion for an Extension of
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Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 127 of 509
Time to Object to the Court's Discovery Order No. 9. 417 . The Motion 417
is GRANTED. The deadline to object is EXTENDED until fourteen (14)
days after a ruling on Defendant Blue Cross and Blue Shield of South
Carolina's anticipated Motion to Reconsider. Signed by Judge R David
Proctor on 9/11/2015. (AVC) (Entered: 09/11/2015)
09/14/2015
419
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Monday, October 5, 2015 at 2:00 PM, in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1.
Signed by Magistrate Judge T Michael Putnam on September 14, 2015.
(AMP) (Entered: 09/14/2015)
09/14/2015
420
MOTION to Compel Inspection of the Blue Cross Blue Shield Association's
Archives by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order, #
2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7
Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Whatley, Joe) (Entered: 09/14/2015)
09/14/2015
421
MOTION to Compel Anthem's Production of the Anthem−Cigna Merger
Documents by Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order,
# 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7
Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12
Exhibit K, # 13 Exhibit L)(Whatley, Joe) (Entered: 09/14/2015)
09/16/2015
422
MOTION to Amend 327 Discovery Order No. 3 by Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 09/16/2015)
09/16/2015
423
Brief in Support of 422 MOTION to Amend Discovery Order No. 3 filed by
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 09/16/2015)
09/16/2015
424
MOTION for Reconsideration of 410 the Court's Discovery Order No. 9 by
Defendants' Counsel. (Rogers, Bruce) (Entered: 09/16/2015)
09/17/2015
425
TEXT ORDER re 422 Plaintiffs' Motion to Amend 327 Discovery Order No.
3. The plaintiffs and defendants may file briefs in support or opposition to the
motion by no later than September 28, 2015. The briefs may be no more
than ten (10) pages in length. Oral argument on the motion will be heard
immediately following the Discovery Status Conference set for October 5,
2015. Signed by Magistrate Judge T Michael Putnam on September 17, 2015.
(AMP) (Entered: 09/17/2015)
09/17/2015
426
TEXT ORDER re 424 Defendant Blue Cross and Blue Shield of South
Carolina's Motion for Reconsideration of 410 the Court's Discovery Order
No. 9. The plaintiffs may file a response to the Motion no later than
September 28, 2015. The response may be no more than twelve (12) pages
in length. Oral argument on the motion will be heard immediately following
the Discovery Status Conference set for October 5, 2015. Signed by
Magistrate Judge T Michael Putnam on September 17, 2015. (AMP)
(Entered: 09/17/2015)
09/17/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 9/17/2015 re 402 MOTION for Protective
Order to Preclude Discovery of Unrelated Litigation filed by Blue Cross
Blue Shield Antitrust Litigation MDL 2406, and 408 MOTION to Compel
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Production of Documents by Blue Cross Blue Shield of Michigan filed by
Plaintiffs' Counsel; counsel for plas and dfts present; arguments by counsel;
court's remarks; hrg adj (Court Reporter Lindy Fuller.) (ASL) (Entered:
09/17/2015)
09/21/2015
427
RESPONSE in Opposition to 420 Motion to Compel filed by Defendants'
Counsel. (Attachments: # 1 Exhibit A − 7/23/15 Letter to Plaintiff)(Zott,
David) (Entered: 09/21/2015)
09/21/2015
428
MOTION to Amend Discovery Order No. 1 by Defendants' Counsel.
(Attachments: # 1 Text of Proposed Order Proposed Order Amending
Discovery Order No. 1)(Hoover, Craig) ). (Entered: 09/21/2015)
09/21/2015
429
OPPOSITION to 421 Motion to Compel Production of Documents Related to
Proposed CIGNA Acquisition filed by Defendants' Counsel. (Attachments: #
1 Exhibit A − Correspondence, # 2 Exhibit B − Anthem's Letter
Brief)(Hoover, Craig) (Entered: 09/21/2015)
09/22/2015
430
JOINT STATUS Regarding Additional Subscriber & Provider Underlying
Complaints by Defendants' Counsel. (Sooy, Kathleen) (Entered: 09/22/2015)
09/22/2015
431
REPLY Brief regarding 396 Certification and Trial of a Nationwide
Injunction Class and an Alabama Damages Class. (Attachments: # 1 Exhibit
1 − SEALED, # 2 Exhibit 2, # 3 Exhibit 3)(Whatley, Joe) (Entered:
09/22/2015)
09/22/2015
432
REPLY to Supplemental Submissions Regarding Case Management filed by
Defendants' Counsel. (Hoover, Craig) (Entered: 09/22/2015)
09/22/2015
433
REPLY Brief in Response to the Court's August 20, 2015 Order 396 filed by
Defendant Defendants' Counsel. (Burkhalter, Carl) (Entered: 09/22/2015)
09/22/2015
434
Subscriber Plaintiffs' Post−Hearing Response in Further Support of their
Proposal to Streamline the Litigation re 396 , 414 , 412 , 413 filed by
Plaintiffs' Counsel. (Guin, David) (Entered: 09/22/2015)
09/23/2015
435
***Document Sealed −Pursuant to Protective Order 145 −Exhibit 1 to 431
Provider Plaintiffs' Reply Brief Regarding Certification and Trial of a
Nationwide Injunction Class and an Alabama Damages Class. (Attachments:
# 1 Exhibit 1) (AVC) (Entered: 09/23/2015)
09/23/2015
436
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2015 through August
31, 2015 in this matter relating solely to services provided to the Plaintiffs.
Signed by Judge R David Proctor on 9/23/2015. (AVC) (Entered:
09/23/2015)
09/23/2015
437
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2015 through August
31, 2015 in this matter as it relates to services rendered for both sides of the
case. Signed by Judge R David Proctor on 9/23/2015. (AVC) (Entered:
09/23/2015)
09/28/2015
438
Opposition to 424 Motion for Reconsideration filed by Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 09/28/2015)
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09/28/2015
439
Opposition to 422 Motion to Amend Discovery Order No. 3 filed by
Defendants' Counsel. (Sooy, Kathleen) (Entered: 09/28/2015)
10/05/2015
440
TEXT ORDER re 424 MOTION for Reconsideration of 410 the Court's
Discovery Order No. 9. Oral Argument of the Motion is RESET for
Thursday, October 8, 2015, at 3:00 PM, via telephone, before Magistrate
Judge T Michael Putnam, as arranged by the Special Master. Court reporter
to be present. Signed by Magistrate Judge T Michael Putnam on October 5,
2015. (AMP) (Entered: 10/05/2015)
10/05/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 10/5/2015; re: SC Motion for
reconsideration (doc #424); Ed Gentle, Special Master, plas' counsel Barry
Ragsdale & Bill Butterfield, and SC counsel Bruce Rogers present; motion
hearing to be held by telephone re: doc #424 on Thursday, 10/8/15 at 3:00
pm (Court Reporter Sabrina Lewis.) (ASL) (Entered: 10/05/2015)
10/05/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference held on 10/5/2015; updates from counsel on meet
& confer process; discussion regarding items for next discovery conference;
arguments by counsel on motions #420, #421, & #422; hrg adj (Court
Reporter Leah Turner.) (ASL) (Entered: 10/05/2015)
10/08/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held by telephone on 10/8/2015 re 424 MOTION
for Reconsideration of 410 the Court's Discovery Order No. 9 filed by
Defendants' Counsel; arguments by counsel for SC dft; arguments by counsel
for plas; court's remarks; taken under submission (Court Reporter Teresa
Roberson.) (ASL) (Entered: 10/08/2015)
10/15/2015
441
MOTION for Leave to File Unredacted Version of Motion to Dismiss and
Supporting Declaration Under Seal by Capital BlueCross by Defendants'
Counsel. (Payne, Joshua) (Entered: 10/15/2015)
10/16/2015
442
TEXT ORDER − This matter is before the court on Defendant Capital Blue
Cross's Motion for Leave to File Unredacted Version of Motion to Dismiss
and Supporting Declaration Under Seal. 441 . The Motion 441 is
GRANTED. Capital Blue Cross may file the referenced documents UNDER
SEAL. Signed by Judge R David Proctor on 10/16/2015. (AVC) (Entered:
10/16/2015)
10/19/2015
443
NOTICE by Defendants' Counsel re 255 Answer to Amended Complaint,
USAble Mutual Insurance Company, dba Arkansas Blue Cross and Blue
Shield's Notice that its Answer and Affirmative Defenses to Corrected
Consolidated Second Amended Provider Complaint Applies to Newly Filed
Provider Track Complaints (Naranjo, Michael) (Entered: 10/19/2015)
10/19/2015
444
ANSWER to Complaint with Jury Demand by Blue Cross & Blue Shield of
Mississippi .(McDowell, M) (Entered: 10/19/2015)
10/19/2015
445
ANSWER to 236 Amended Complaint by Consortium Health Plans,
Inc..(Zott, David) (Entered: 10/19/2015)
10/19/2015
446
MOTION to Dismiss for Lack of Jurisdiction by Blue Cross & Blue Shield of
Mississippi by movant. (Attachments: # 1 Exhibit 1 (Declaration of John H.
130
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 130 of 509
Proctor, III))(McDowell, M) (Entered: 10/19/2015)
10/19/2015
447
Brief in Support of 446 Motion to Dismiss for Lack of Personal Jurisdiction
and Improper Venue by Blue Cross & Blue Shield of Mississippi.
(McDowell, M) (Entered: 10/19/2015)
10/19/2015
448
ANSWER to 236 Amended Complaint by National Account Service
LLC.(Zott, David) (Entered: 10/19/2015)
10/19/2015
449
NOTICE Regarding Responsive Pleadings to Newly−Filed Complaints by
Defendants' Counsel (Hoover, Craig) (Entered: 10/19/2015)
10/19/2015
450
NOTICE that Its Answer and Affirmative Defenses to Corrected
Consolidated Second Amended Provider Complaint Applies to Newly Filed
Provider−Track Complaints by Independence Hospital Indemnity Plan, Inc.'s
(f/k/a Independence Blue Cross) (Briggs, John) (Entered: 10/19/2015)
10/19/2015
451
NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by
Highmark Inc. (Zolner, Erica) (Entered: 10/19/2015)
10/19/2015
452
NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by
Health Care Service Corporation and Caring For Montanans, Inc. (Zolner,
Erica) (Entered: 10/19/2015)
10/19/2015
453
NOTICE of Answers and Affirmative Defenses to Tag−Along Actions by
Defendants' Counsel (Norman, Brian) (Entered: 10/19/2015)
10/19/2015
454
NOTICE Regarding Responsive Pleading to Newly−Filed Complaints by
Blue Cross Blue Shield of Michigan (Stenerson, Todd) (Entered: 10/19/2015)
10/19/2015
455
NOTICE Regarding Responsive Pleadings to Newly−Filed Complaints by
Premera Blue Cross, Also, d/b/a Premera Blue Cross Blue Shield of Alaska.
(Payton, Gwendolyn) (Entered: 10/19/2015)
10/19/2015
456
MOTION to Dismiss for Provider Complaints for Lack of Personal
Jurisdiction and Improper Venue, and Brief in Support Thereof by Triple−S
Salud . (Attachments: # 1 Exhibit 1)(Hernandez−Burgos, Carlos) (Entered:
10/19/2015)
10/20/2015
457
DISCOVERY ORDER NO. 10−The Motion for Protective Order 402 is
DENIED, and the Motion to Compel 408 is GRANTED as set out. Signed by
Magistrate Judge T Michael Putnam on 10/20/2015. (AVC) (Entered:
10/20/2015)
10/20/2015
458
DISCOVERY ORDER NO. 11. Signed by Magistrate Judge T Michael
Putnam on 10/20/2015. (AVC) (Entered: 10/20/2015)
10/20/2015
459
DISCOVERY ORDER NO. 12. Signed by Magistrate Judge T Michael
Putnam on 10/20/2015. (AVC) (Entered: 10/20/2015)
10/22/2015
460
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, November 19, 2015 at 1:00 PM in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam. Court reporter to be present. Any
written submissions are governed by subsection II.D.2 of Discovery Order
No. 1. Oral Argument on 428 MOTION to Amend Discovery Order No. 1
will be heard immediately following the conference. Any response to the
131
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 131 of 509
motion may be no more than two (2) pages in length and is due no later
than October 29, 2015. No replies shall be filed. Signed by Magistrate Judge
T Michael Putnam on October 22, 2015. (AMP) (Entered: 10/22/2015)
10/23/2015
461
MOTION to Dismiss for Lack of Personal Jurisdiction by California
Physicians' Service, Inc., d/b/a Blue Shield of California. (Zolner, Erica)
(Entered: 10/23/2015)
10/23/2015
462
Brief in Support of 461 MOTION to Dismiss for Lack of Personal
Jurisdiction. (Attachments: # 1 Affidavit of Jennifer Garrison)(Zolner, Erica)
(Entered: 10/23/2015)
10/23/2015
463
NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by
California Physicians' Services Inc., d/b/a Blue Shield of California. (Zolner,
Erica) (Entered: 10/23/2015)
10/28/2015
464
Highmark Inc.'s ANSWER to Complaint with Jury Demand (Subscriber
Track − Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(West, Kimberly) (Entered: 10/28/2015)
10/28/2015
465
Highmark Inc.'s ANSWER to Complaint with Jury Demand (Provider Track
− Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(West, Kimberly) (Entered: 10/28/2015)
10/29/2015
466
JOINT NOTICE of Agreement to Amend Discovery Order No. 1 229 by
Defendants' Counsel. (Attachments: # 1 Text of Proposed Order)(Hoover,
Craig) (Entered: 10/29/2015)
10/29/2015
467
MOTION to Dismiss for Lack of Jurisdiction by Defendants' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Andress,
D) (Entered: 10/29/2015)
10/29/2015
468
Transcript of Proceedings held on 08/27/2015, before Magistrate Judge T.
Michael Putnam Court Reporter/Transcriber Lindy M. Fuller, Telephone
number (205) 527−2958. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/19/2015. Redacted Transcript Deadline set for 11/29/2015.
Release of Transcript Restriction set for 1/27/2016. (Attachments: # 1
certificaion page) (AVC) (Entered: 10/29/2015)
10/30/2015
469
ORDER −The court ORDERS that the pending Motions to Dismiss 446 , 456
, 461 and 467 are DENIED WITHOUT PREJUDICE. Moving dfts' personal
jurisdiction and venue defenses are DEEMED PRESERVED to be addressed
by this court immediately prior to remand, or by the respective transferor
courts after remand. Signed by Judge R David Proctor on 10/30/2015. (AVC)
(Entered: 10/30/2015)
132
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 132 of 509
10/30/2015
470
JOINT NOTICE of Agreement to Amend Discovery Order No. 1 229 by
Defendants' Counsel (Attachments: # 1 Text of Proposed Order)(Hoover,
Craig) (Entered: 10/30/2015)
11/03/2015
471
Transcript of Proceedings held on 9/17/2015, before Magistrate Judge T.
Michael Putnam. Court Reporter/Transcriber Lindy S. Fuller, Telephone
number (205) 527−2958. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/24/2015. Redacted Transcript Deadline set for 12/4/2015.
Release of Transcript Restriction set for 2/1/2016. (Attachments: # 1
certification page) (AVC) (Entered: 11/03/2015)
11/03/2015
472
Defendant Blue Cross Blue Shield of Michigan's Opposed MOTION to
Modify the Time to Object to Discovery Order No. 10 by Defendants'
Counsel. (Campbell, Andrew) (Entered: 11/03/2015)
11/03/2015
473
Defendant Blue Cross Blue Shield of Michigan's Opposed Motion for
Clarification of Discovery No. 10 by Defendants' Counsel. (Campbell,
Andrew) (Entered: 11/03/2015)
11/03/2015
474
Defendant Blue Cross Blue Shield of Michigan's Brief in Support of 473
Opposed Motion for Clarification of Discovery No. 10. (Campbell, Andrew)
(Entered: 11/03/2015)
11/04/2015
475
DISCOVERY ORDER No. 13−Dft's motion for reconsideration 424 is
GRANTED IN PART and DENIED IN PART as set out. Signed by
Magistrate Judge T Michael Putnam on 11/4/2015. (AVC) (Entered:
11/04/2015)
11/05/2015
476
MOTION to Compel Blue Cross Blue Shield Association to De−Designate
Documents Improperly Designated as Confidential in Violation of Protective
Order by Plaintiffs. (Attachments: # 1 Affidavit Declaration of Joe R.
Whatley, Jr., # 2 Text of Proposed Order)(Whatley, Joe) (Entered:
11/05/2015)
11/05/2015
477
***Document Sealed, pursuant to Protective Order 145 −Exhibit 5 to the
Declaration of Joe R. Whatley, Jr. in Support of 476 Plaintiff's Motion to
Compel Blue Cross Blue Shield Association to De−Designate Documents
Improperly Designated as Confidential in Violation of the Protective Order.
(Attachments: # 1 Exhibit 5) (AVC) (Entered: 11/05/2015)
11/05/2015
478
TEXT ORDER granting 472 Motion to Modify the Time to Object to
Discovery Order No. 10. Parties shall have fourteen (14) days following the
entry of the court's decision regarding 473 Defendant Blue Cross Blue Shield
of Michigan's Opposed Motion for Clarification of Discovery Order No. 10
to file objections to 457 Discovery Order No. 10. Signed by Magistrate Judge
T Michael Putnam on November 5, 2015. (AMP) (Entered: 11/05/2015)
133
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 133 of 509
11/05/2015
479
TEXT ORDER. Any response to 473 Defendant Blue Cross Blue Shield of
Michigan's Opposed Motion for Clarification of Discovery No. 10 is due no
later than November 18, 2015, and may be no more than eleven (11) pages in
length. Any response to 476 Plaintiff's Opposed Motion to Compel is due no
later than November 18, 2015 and may be no more than sixteen (16) pages in
length. Signed by Magistrate Judge T Michael Putnam on November 5, 2015.
(AMP) (Entered: 11/05/2015)
11/18/2015
480
RESPONSE to 473 Defendant Blue Cross Blue Shield of Michigan's Motion
for Clarification filed by Plaintiffs. (Whatley, Joe) (Entered: 11/18/2015)
11/18/2015
481
RESPONSE in Opposition to 476 Motion to Compel filed by Defendants'
Counsel. (Attachments: # 1 Exhibit A)(Zott, David) (Entered: 11/18/2015)
11/19/2015
482
***Document Sealed, pursuant to Protective Order 145 −Exhibit A to
Response in Opposition to Motion to Compel. (AVC) (Entered: 11/19/2015)
11/19/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference held on 11/19/2015; updates by counsel re meet
& confer; streamlining question and issues anticipated for Dec conf
discussed; arguments by counsel on BCBS Michigan Motion 473 ; arguments
by counsel on plas' motion to compel association re confidential doc
designation 476 ; motions under submission, order to be entered; hrg adj
(Court Reporter Lindy Fuller.) (ASL) (Entered: 11/19/2015)
11/20/2015
483
ORDER AMENDING DISCOVERY ORDER NO. 1. Signed by Magistrate
Judge T Michael Putnam on 11/20/2015. (AVC) (Entered: 11/20/2015)
11/20/2015
484
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Tuesday, December 15, 2015 at 2:00 PM in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1.
Signed by Magistrate Judge T Michael Putnam on November 20, 2015.
(AMP) (Entered: 11/20/2015)
11/20/2015
485
DISCOVERY ORDER NO. 14. Signed by Magistrate Judge T Michael
Putnam on 11/20/2015. (AVC) (Entered: 11/20/2015)
11/24/2015
486
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services and expenses incurred from 9/1/2015 through 10/31/2015 relating
solely to serviced provided to the plaintiffs, and totaling $25,000.00. Signed
by Judge R David Proctor on 11/24/2015. (KAM, ) (Entered: 11/24/2015)
11/24/2015
487
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 9/1/2015 through 10/31/2015
as it relates to serviced rendered for both sided of the case, and totaling
$10,000.00. Signed by Judge R David Proctor on 11/24/2015. (KAM, )
(Entered: 11/24/2015)
12/01/2015
488
MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to
Designate Koko Mackin and Robin Stone as Production Custodians by
Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed
Order)(Whatley, Joe) (Entered: 12/01/2015)
12/07/2015
489
134
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 134 of 509
ORDER −This case is SET for a discovery conference and a status
conference on 1/14/2016. The discovery conference will be held at 10:00a.m.
in Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, Al
before Magistrate Judge T Michael Putnam. Any written submissions are
governed by subsection II.D.2 of Discovery Order No. 1. The status
conference will be held at 2:00p.m., in Courtroom 7A of the Hugo L Black
US Courthouse, Birmingham, Al. By 1/8/2016, the parties SHALL submit a
joint report containing a proposed agenda of items the parties wish to be
addressed during the status conference. Signed by Judge R David Proctor on
12/7/2015. (AVC) (Entered: 12/07/2015)
12/08/2015
490
Transcript of Proceedings held on 11/19/2015, before Magistrate Judge T.
Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone
number (205)527−2958. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/29/2015. Redacted Transcript Deadline set for 1/8/2016.
Release of Transcript Restriction set for 3/7/2016. (AVC) (Entered:
12/08/2015)
12/09/2015
491
DISCOVERY ORDER No. 15. Signed by Magistrate Judge T Michael
Putnam on 12/9/2015. (AVC) (Entered: 12/09/2015)
12/10/2015
492
RESPONSE to 488 Opposed Motion to Compel Designation of Koko Mackin
and Robin Stone as Production Custodians filed by Defendants' Counsel.
(Malatesta, John) (Entered: 12/10/2015)
12/10/2015
493
MOTION To Limit The Time Period Applicable To Production Of
Documents In Response To Certain Unstructured Data Requests by
Defendants' Counsel. (Attachments: # 1 Appendix Exhibit Index, # 2 Exhibit
A − Subscriber and Provider Plaintiffs Requests for Production to All
Defendants, January 20, 2015, # 3 Exhibit B − iDS Affidavit, December 10,
2015, # 4 Exhibit C − C. Cottrell Letter to B. Ragsdale, February 6, 2015, # 5
Exhibit D − C. Cottrell Letter to B. Ragsdale, April 16, 2015, # 6 Exhibit E −
P. Sheehan Letter to C. Cottrell, December 1, 2015, # 7 Exhibit F − C.
Cottrell Letter to B. Ragsdale, December 5, 2015, # 8 Exhibit G − C. Cottrell
Email to Plaintiffs, December 9, 2015, # 9 Exhibit H − In re Ready−Mixed
Concrete Antitrust Litig Entry August 18, 2006)(Zott, David) (Entered:
12/10/2015)
12/14/2015
494
JOINT NOTICE of Agreement to Amend Discovery Order No. 1 by
Defendants' Counsel (Attachments: # 1 Text of Proposed Order)(Hoover,
Craig) (Entered: 12/14/2015)
12/14/2015
495
DISCOVERY ORDER No. 16−The Motion to Compel BCBAS to
de−designate certain documents as confidential 476 is DENIED. Signed by
Magistrate Judge T Michael Putnam on 12/14/2015. (AVC) (Entered:
135
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 135 of 509
12/14/2015)
12/15/2015
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 12/15/2015; meet & confer updates by
counsel; arguments by counsel re: motion 492 & motion 493 ; response by
pla to motion 493 to be filed by Monday 12/21/15; order to be entered; hrg
adj (Court Reporter Cheryl Powell.) (ASL) (Entered: 12/15/2015)
12/18/2015
496
Transcript of Proceedings held on 12/15/15, before Judge T. Michael
Putnam. Court Reporter/Transcriber Cheryl K. Powell, Telephone number
256−508−4050. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/8/2016. Redacted Transcript Deadline set for 1/18/2016.
Release of Transcript Restriction set for 3/17/2016. (MRR, ) Modified on
1/11/2016 (MRR, ). (Entered: 12/18/2015)
12/21/2015
497
CONDITIONAL TRANSFER ORDER (CTO−23) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama.
(Attachments: # 1 Schedule CTO−23 with NDAL Case Numbers)(AVC)
(Entered: 12/21/2015)
12/21/2015
498
MOTION for Leave to File Unredacted Version of Declaration in Support of
Motion to Dismiss Under Seal by Capital BlueCross by Defendants' Counsel.
(Payne, Joshua) (Entered: 12/21/2015)
12/21/2015
499
RESPONSE to 493 Motion To Limit The Time Period Applicable To
Production Of Documents In Response To Certain Unstructured Data
Requests filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Whatley, Joe)
(Entered: 12/21/2015)
12/22/2015
500
MOTION to Dismiss for Lack of Jurisdiction by movant. (Attachments: # 1
Exhibit 1 (Declaration of John H. Proctor, III))(McDowell, M) (Entered:
12/22/2015)
12/22/2015
501
Brief re 500 MOTION to Dismiss for Lack of Jurisdiction filed by movant.
(McDowell, M) (Entered: 12/22/2015)
12/23/2015
502
ORDER AMENDING DISCOVERY ORDER NO. 1−The parties Joint
Notice of Agreement to Amend Discovery Order No. 1 494 is GRANTED.
Discovery Order No. 1 hereby is amended as set out. Signed by Magistrate
Judge T Michael Putnam on 12/23/2015. (AVC) (Entered: 12/23/2015)
12/23/2015
503
TEXT ORDER − This matter is before the court on Capital Blue Cross's
Motion for Leave to File Unredacted Version of Declaration Under Seal 498 .
The Motion 498 is GRANTED. Capital Blue Cross may file the referenced
document UNDER SEAL. All Counsel are REMINDED to file pleadings
136
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 136 of 509
related only to individual cases on the docket for the individual cases rather
than on the MDL docket. That is, further Motions to Dismiss should be filed
in the individual cases to which they relate. The court also directs attention to
its October 30, 2015 Order 469 . Signed by Judge R David Proctor on
12/23/2015. (AVC) (Entered: 12/23/2015)
12/23/2015
504
NOTICE of Filing Supplemental Exhibit In Support of Their Response to
BCBSA's Motion to Limit the Time Period Applicable to Production of
Documents in Response to Certain Unstructured Data Requests by Plaintiffs
(Attachments: # 1 Exhibit F − Part 1, # 2 Exhibit F − Part 2)(Whatley, Joe)
(Entered: 12/23/2015)
12/28/2015
505
NOTICE That Its Answer and Affirmative Defenses to Subscriber−Track
Amended Consolidated Class−Action Complaint Applies to Newly Amended
Subscriber−Track Complaints by Defendants' Counsel (Briggs, John)
(Entered: 12/28/2015)
12/28/2015
506
NOTICE Regarding Responsive Pleading to Newly−Filed Complaints by
Blue Cross Blue Shield of Michigan (Campbell, Andrew) (Entered:
12/28/2015)
12/28/2015
507
NOTICE Regarding Responsive Pleadings to Newly Filed Complaints by
Highmark Inc. (Zolner, Erica) (Entered: 12/28/2015)
12/28/2015
508
NOTICE of Answers and Affirmative Defenses to Tag−Along Actions by
Defendants' Counsel . (Norman, Brian) (Entered: 12/28/2015)
12/28/2015
509
MOTION For Leave To File A Reply by Defendants' Counsel. (Attachments:
# 1 Exhibit 1 − Reply In Support Of Motion To Limit The Time Period For
Production Of Certain Unstructured Data)(Zott, David) (Entered:
12/28/2015)
12/28/2015
510
NOTICE Regarding Responsive Pleading to Newly Filed Complaints by
Blue Shield of California. (Zolner, Erica) (Entered: 12/28/2015)
12/29/2015
511
NOTICE by Defendants' Counsel Regarding Responsive Pleadings to
Newly−Filed Complaints (Yinger, Emily) (Entered: 12/29/2015)
12/30/2015
512
NOTICE by Defendants' Counsel Regarding Responsive Pleadings to
Newly−Filed Complaints (Payton, Gwendolyn) (Entered: 12/30/2015)
12/31/2015
513
MOTION to Compel by Defendants' Counsel. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2)(Malatesta, John) (Entered: 12/31/2015)
01/04/2016
514
Consent MOTION for Leave to File Surreply by Plaintiffs. (Attachments: # 1
Exhibit 1 − Surreply, # 2 Text of Proposed Order)(Whatley, Joe) (Entered:
01/04/2016)
01/05/2016
515
ORDER granting motions 509 & 514 . The Association is directed to file its
reply by 1/8/2016, and the pltfs are directed to file a surreply by 1/12/2016.
Signed by Magistrate Judge T Michael Putnam on 1/5/2016. (AVC) (Entered:
01/05/2016)
01/05/2016
516
REPLY in Support of 493 Motion to Limit the Time Period for Production of
Certain Unstructured Data filed by Defendants' Counsel. (Zott, David)
(Entered: 01/05/2016)
137
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 137 of 509
01/06/2016
517
SURREPLY in Support of Their Response to BCBSA's Motion to Limit the
Time Period Applicable to Production of Documents in Response to Certain
Unstructured Data Requests filed by Plaintiffs. (Whatley, Joe) (Entered:
01/06/2016)
01/06/2016
518
DISCOVERY ORDER NO. 17− The pltfs' Motion to Compel 488 is
GRANTED, and dft BCBS−AL is DIRECTED to designate Koko Mackin
and Robin Stone as production custodians. Signed by Magistrate Judge T
Michael Putnam on 1/6/2016. (AVC) (Entered: 01/06/2016)
01/06/2016
519
STATUS REPORT Regarding Proposed Agenda For Status Conference of
January 14, 2016 filed by Special Master. (Gentle, Edgar) (Entered:
01/06/2016)
01/08/2016
520
Revised Report Regarding Proposed Agenda for Status Conference of
January 14, 2016 by Special Master. (Gentle, Edgar) (Entered: 01/08/2016)
01/11/2016
521
RESPONSE to 513 Motion to Compel filed by Plaintiffs. (Attachments: # 1
Exhibit A)(Whatley, Joe) (Entered: 01/11/2016)
01/11/2016
522
DISCOVERY ORDER No. 18− The Motion to Limit The Applicable Time
Periods Relation to the Plaintiff's Requests for Unstructured Data 493 is
GRANTED IN PART and DENIED IN PART. BCBSA shall be required to
produce responsive unstructured data back to 1995 and through December
31, 2013. Signed by Magistrate Judge T Michael Putnam on 1/11/2016.
(AVC) (Entered: 01/11/2016)
01/11/2016
523
MOTION for Summary Judgment by Defendants' Counsel. (Priester, James)
(Entered: 01/11/2016)
01/11/2016
524
JOINT Brief in Support of 523 Motion for Summary Judgment filed by
Defendants' Counsel. (Priester, James) (Entered: 01/11/2016)
01/11/2016
525
Evidentiary Material re: 523 MOTION for Summary Judgment , 524 Brief .
(Priester, James) (Entered: 01/11/2016)
01/12/2016
526
***Document Sealed −Pursuant to Protective Order 145 −Joint Brief in
Support of Their Motion Based on the Filed Rate Doctrine for Summary
Judgment on the Alabama Subscribers' Damages Claims. (Attachments: # 1
Table of Contents, # 2 Exhibit A, # 3 Exhibit A−1, # 4 Exhibit A−2, # 5
Exhibit A−3, # 6 Exhibit A−4, # 7 Exhibit A−5, # 8 Exhibit A−6, # 9 Exhibit
A−7, # 10 Exhibit A−8, # 11 Exhibit A−9, # 12 Exhibit A−10, # 13 Exhibit
A−11, # 14 Exhibit A−12, # 15 Exhibit A−13, # 16 Exhibit A−14, # 17
Exhibit A−15, # 18 Exhibit A−16, # 19 Exhibit A−17, # 20 Exhibit A−18, #
21 Exhibit A−19, # 22 Exhibit A−20, # 23 Exhibit A−21, # 24 Exhibit A−22,
# 25 Exhibit A−23, # 26 Exhibit A−24, # 27 Exhibit A−25, # 28 Exhibit
A−26, # 29 Exhibit A−27, # 30 Exhibit A−28, # 31 Exhibit A−29, # 32
Exhibit A−30, # 33 Exhibit A−31, # 34 Exhibit A−32, # 35 Exhibit A−33, #
36 Exhibit A−34, # 37 Exhibit A−35, # 38 Exhibit A−36, # 39 Exhibit A−37,
# 40 Exhibit A−38, # 41 Exhibit A−39, # 42 Exhibit A−40, # 43 Exhibit
A−41, # 44 Exhibit A−42, # 45 Exhibit A−43, # 46 Exhibit A−44, # 47
Exhibit A−45, # 48 Exhibit A−46, # 49 Exhibit A−47, # 50 Exhibit A−48, #
51 Exhibit A−49, # 52 Exhibit A−50, # 53 Exhibit A−51, # 54 Exhibit B)
(AVC) (Entered: 01/12/2016)
138
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 138 of 509
01/13/2016
527
Provider Plaintiffs' STATUS REPORT by Plaintiffs. (Whatley, Joe)
(Entered: 01/13/2016)
01/14/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 1/14/2016; discussions regarding
progress of discovery and time periods for production; arguments by counsel
re: 513 motion to compel by dft BCBS AL; hrg adj (Court Reporter Cheryl
Powell.) (ASL) (Entered: 01/14/2016)
01/14/2016
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 1/14/2016. (Court Reporter Leah Turner.) (KLL)
(Entered: 01/14/2016)
01/19/2016
528
Transcript of Proceedings held on January 14, 2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Cheryl Powell, Telephone number
256−508−4050. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/9/2016. Redacted Transcript Deadline set for 2/19/2016.
Release of Transcript Restriction set for 4/18/2016. (MRR, ) (Entered:
01/19/2016)
01/19/2016
529
NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Alabama's
Regarding Responsive Pleadings to Newly Filed Complaints (Burkhalter,
Carl) (Entered: 01/19/2016)
01/19/2016
530
ORDER−A Discovery Status Conference is SET for Monday, January 25,
2016, at 1:30 PM in Courtroom 3B of the Hugo L. Black United States
Courthouse, Birmingham, Alabama before Magistrate Judge T Michael
Putnam. Court reporter to be present. Signed by Magistrate Judge T Michael
Putnam on 1/19/2016. (AVC) (Entered: 01/19/2016)
01/21/2016
531
Transcript of Proceedings held on 1/14/2016, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/11/2016. Redacted Transcript Deadline set for 2/22/2016.
Release of Transcript Restriction set for 4/20/2016. (AVC) (Entered:
01/21/2016)
139
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 139 of 509
01/21/2016
532
Joint MOTION For Entry of Discovery and Briefing Schedule and Proposed
Order by Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Whatley, Joe)
(Entered: 01/21/2016)
01/22/2016
533
DISCOVERY ORDER AND BRIEFING SCHEDULE−re: 532 Joint Motion
For Entry of Discovery and Briefing Schedule. The joint Motion is
GRANTED. It is ORDERED that Consortium and NASCO will substantially
complete production of agreed−upon documents by 1/31/2016. Provider
Plaintiffs may notice up to three Rule 30(b)(6) deposition sessions to be
completed by 3/31/2016. Consortium and NASCO will file any motions and
their opening brief within thirty (30) days of Providers Plaintiffs' last Rule
30(b)(6) deposition session. Provider Plaintiffs will file any opposition papers
within thirty (30) days of Consortium and NASCO's opening brief.
Consortium and NASCO will file any reply papers within twenty−one (21)
days of Provider Plaintiffs' opposition papers. Signed by Judge R David
Proctor on 1/22/2016. (AVC) (Entered: 01/22/2016)
01/24/2016
534
STATUS REPORT in Advance of January 25, 2016 Hearing by Defendants'
Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9
Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13,
# 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Malatesta, John) (Entered:
01/24/2016)
01/25/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 1/25/2016; arguments by counsel re
BCBS AL Motion to Compel (doc # 513 ) (Court Reporter Lindy Fuller.)
(ASL) (Entered: 01/25/2016)
01/28/2016
535
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 11/1/2015 through 12/31/2015
in this matter relating solely to services provided to the plaintiffs Signed by
Judge R David Proctor on 1/28/2016. (KAM, ) Modified on 1/28/2016
(KAM, ). (Entered: 01/28/2016)
01/28/2016
536
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 11/1/2015 through 12/31/2015
in this matter as it relates to services rendered for both sides. Signed by Judge
R David Proctor on 1/28/2016. (KAM, ) (Entered: 01/28/2016)
02/04/2016
537
Transcript of Proceedings held on 1/25/2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number
(205) 527−2958. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/25/2016. Redacted Transcript Deadline set for 3/7/2016.
Release of Transcript Restriction set for 5/4/2016. (AVC) (Entered:
140
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 140 of 509
02/04/2016)
02/05/2016
538
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, February 25, 2016, at 1:00 PM in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1.
Signed by Magistrate Judge T Michael Putnam on February 5, 2016. (AMP)
(Entered: 02/05/2016)
02/08/2016
539
MOTION to Compel by Plaintiffs. (Ragsdale, Barry) (Entered: 02/08/2016)
02/08/2016
540
Brief in Support of Motion to Compel. (Ragsdale, Barry) (Entered:
02/08/2016)
02/10/2016
541
ORDER − re: 539 Motion to Compel Discovery from Defendant Blue Cross
Blue Shield of Alabama Regarding the Filed−Rate Doctrine. Dft Blue Cross
Blue Shield of Alabama SHALL respond to the Motion by 2/18/2016. Pltfs
may reply by 2/23/2016. The Motion is set for a hearing on 3/18/2016 at
9:30a.m., in Courtroom 7A of the Hugo L Black US Courthouse. Signed by
Judge R David Proctor on 2/10/2016. (AVC) (Entered: 02/10/2016)
02/12/2016
542
TEXT ORDER − This case is SET for a status conference on Friday,
March 18, 2016, in conjunction with the hearing previously set on the
Alabama Subscriber Plaintiffs Motion to Compel Discovery from Defendant
Blue Cross Blue Shield of Alabama Regarding the Filed−Rate Doctrine. On
or before March 11, 2016, the parties SHALL submit a joint report
containing a proposed agenda of items that should be addressed during the
status conference. Signed by Judge R David Proctor on 2/12/2016. (AVC)
(Entered: 02/12/2016)
02/12/2016
543
MOTION to Quash Deposition and Document Production Notices by
Alabama Department of Insurance, The, Steve Ostlund, Robert Turner .
(Attachments: # 1 Exhibit Depo notice to Dept. of Insurance, # 2 Exhibit
Depo notice to S. Ostlund, # 3 Exhibit Depo notice to R. Turner)(McDonald,
John) (Entered: 02/12/2016)
02/15/2016
544
BRIEF in Support of Alabama Subscriber Plaintiffs' Motion to Compel the
Production of Documents Responsive to Plaintiffs' Second Request for
Production of Documents by Plaintiffs' Counsel. (Attachments: # 1
Supplement Certificate of Compliance With Rule 37, # 2 Exhibit 1, # 3
Exhibit 2, # 4 Text of Proposed Order Proposed Order)(Davis, Gregory)
(Entered: 02/15/2016)
02/17/2016
545
ORDER−re: 543 MOTION to Quash Subpoenas. Subscriber Plaintiffs
SHALL respond to the Motion by 2/26/2016. The Department of Insurance
may reply by 3/4/2016. The Motion is SET for a hearing during the status
conference previously set for 3/18/2016 at 9:30a.m., in Courtroom 7A of the
Hugo L Black US Courthouse. Signed by Judge R David Proctor on
2/17/2016. (AVC) (Entered: 02/17/2016)
02/18/2016
546
Joint MOTION to Amend Protective Order by Defendants' Counsel.
(Attachments: # 1 Exhibit A)(Hoover, Craig) (Entered: 02/18/2016)
02/18/2016
547
141
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 141 of 509
Opposition to 539 Alabama Subscriber Plaintiffs' Motion to Compel
Discovery Regarding the Filed−Rate Doctrine filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Priester, James)
(Entered: 02/18/2016)
02/22/2016
548
RESPONSE to Motion re 539 MOTION to Compel (Provider Plaintiffs'
Response) filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Brown,
W) (Entered: 02/22/2016)
02/22/2016
549
Opposition to re 544 Blue Cross and Blue Shield of Alabama's Response in
Opposition to Plaintiffs' Motion to Compel the Production of Documents
Responsive to Plaintiffs' Second Request for Production of Documents filed
by Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Malatesta, John) (Entered:
02/22/2016)
02/23/2016
550
QUALIFIED PROTECTIVE ORDER amending the terms of the Protective
order entered 12/17/2013 as set out in this order. Signed by Judge R David
Proctor on 2/23/2016. (KAM, )** SUPPLEMENTED BY 1488 ** Modified
on 9/1/2017 (KAM, ). (Entered: 02/23/2016)
02/23/2016
551
REPLY Brief filed by Plaintiffs Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel re: 539 MOTION to Compel Discovery from BCBS−AL re the
Filed−Rate Doctrine filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Ragsdale, Barry) (Entered: 02/23/2016)
02/23/2016
552
***Document Sealed − Evidentiary submissions in support of 549
(Attachments: # 1 TOC, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5
Exhibit 4, # 6 Exhibit 5) (KAM, ) (Entered: 02/24/2016)
02/25/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 2/25/2016; 513 dft BCBS−AL's motion
to compel is granted by agreement of the parties, provider plas' to produce
documents within 10 days; 544 Alabama Subscriber Plas' motion to compel,
arguments by counsel, motion taken under submission; hrg adj. (Court
Reporter Leah Turner.) (ASL) (Entered: 02/25/2016)
02/25/2016
553
DISCOVERY ORDER No. 19; granting 513 Motion to Compel; The
Provider Plaintiffs are ORDERED to produce, within ten (10) days of
theentry of this Order, documents in the Provider Plaintiffs possession that
support the allegationthat hospitals and other facilities have closed and that
other providers have reduced the scope oftheir services as a result of the
defendants alleged antitrust conduct.. Signed by Magistrate Judge T Michael
Putnam on 2/25/2016. (KAM, ) (Entered: 02/25/2016)
02/26/2016
554
Opposition to 543 MOTION to Quash Discovery Subpoenas filed by
Plaintiffs' Counsel. (Davis, Gregory) (Entered: 02/26/2016)
03/01/2016
555
CONDITIONAL TRANSFER ORDER (CTO−24) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama
(Attachments: # 1 CTO−24 Schedule with NDAL case numbers)(AVC)
(Entered: 03/01/2016)
03/02/2016
556
Transcript of Proceedings held on February 25, 2016, before Judge T.
Michael Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone
142
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 142 of 509
number (256) 656−8239. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 3/23/2016. Redacted Transcript Deadline set for 4/4/2016.
Release of Transcript Restriction set for 5/31/2016. (MRR, ) (Entered:
03/02/2016)
03/02/2016
557
Transcript of Proceedings held on 10/5/2015, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
(205) 492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 3/23/2016. Redacted Transcript Deadline set for 4/4/2016.
Release of Transcript Restriction set for 5/31/2016. (Attachments: # 1
Certification Page) (AVC) (Entered: 03/02/2016)
03/03/2016
558
Submission of Proposed Order by Defendants' Counsel re: 539 Motion to
Compel (Attachments: # 1 Exhibit A)(Malatesta, John) (Entered: 03/03/2016)
03/04/2016
559
Brief in Support of 543 Motion to Quash filed by Defendants' Counsel.
(Hoover, Craig) (Entered: 03/04/2016)
03/04/2016
560
Brief in Support of 543 Motion to Quash Deposition and Document
Production Notices filed by Alabama Department of Insurance, Steve
Ostlund, Robert Turner. (McDonald, John) (Entered: 03/04/2016)
03/07/2016
561
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Wednesday, March 23, 2016, at 2:00 p.m. in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on March 7, 2016.
(AMP) (Entered: 03/07/2016)
03/09/2016
562
JOINT MOTION to Compel Search Term Disclosures by Hogan Lovells
Defendants and Memorandum of Points and Authorities in Support Thereof
by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: # 1
Affidavit Declaration of William P. Butterfield and Supporting Exhibits
A−E, # 2 Text of Proposed Order)(Ragsdale, Barry) (Entered: 03/09/2016)
143
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 143 of 509
03/09/2016
563
MOTION to Compel Defendant Highmark to Expedite the Production of
Documents Related to Meetings Between Defendants by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Text of Proposed Order)(Whatley, Joe) Modified on 3/10/2016 (AVC, ).
(Entered: 03/09/2016)
03/09/2016
564
Provider Plaintiffs' MOTION to Compel Defendant Blue Cross and Blue
Shield of Alabama to Expedite Production of Certain Documents by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of
Proposed Order)(Whatley, Joe) (Entered: 03/09/2016)
03/10/2016
565
SURREPLY to 551 Alabama Subscriber Plaintiffs' Reply Memorandum in
Support of Motion to Compel Discovery Regarding the Filed Rate Doctrine
filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Priester, James) (Entered:
03/10/2016)
03/11/2016
566
REPORT Regarding Proposed Agenda for Status Conference of March 18,
2016 by Special Master. (Gentle, Edgar) (Entered: 03/11/2016)
03/15/2016
567
DISCOVERY ORDER No. 20−re: 544 Motion to Compel. Signed by
Magistrate Judge T Michael Putnam on 3/15/16. (AVC) (Entered:
03/15/2016)
03/18/2016
Minute Entry for proceedings held before Judge R David Proctor: Motion
Hearing held on 3/18/2016 re 543 MOTION to Quash, 539 MOTION to
Compel. (Court Reporter Teresa Roberson.) (KLL) (Entered: 03/18/2016)
03/18/2016
568
RESPONSE to 563 Motion to Compel Defendant Highmark to Expedite the
Production of Documents Related to Meetings Among Certain Defendants
filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit
L)(Zolner, Erica) (Entered: 03/18/2016)
03/18/2016
569
RESPONSE in Opposition to 563 Provider Plaintiff's Motion to Compel
Defendant Highmark to Expedite the Production of Documents Related to
Meetings Between Defendants filed by Defendants' Counsel. (Attachments: #
1 Exhibit A, # 2 Exhibit B)(Briggs, John) (Entered: 03/18/2016)
03/18/2016
570
Hogan Lovells Defendants' Memorandum of Law in Opposition to 562 Joint
Motion to Compel Search Term Disclosures filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A − Cohen Declaration, # 2 Exhibit B −
2016.01.06 Subscriber Pls ltr to Hogan in resp to 10.16 & 11.30 ltrs re search
terms w appx, # 3 Exhibit C − 2015.11.17 Hogan ltr to Butterfield in resp to
11.06 ltr re search terms, # 4 Exhibit D − 2015.07.10 DFs' Response to Pls'
6.23 ltr re unstructured disc proposal w appx, # 5 Exhibit E − 2015.10.16
Hogan ltr to Pls re revised search term proposal w appx, # 6 Exhibit F −
2015.05.21 Hogan ltr to PLs re 4.29.15 m&c and re search terms w appx, # 7
Exhibit G − 2015.06.02 Pls' (Sheehan) ltr to Hogan re RFPs & in resp to
05.21 ltr, # 8 Exhibit H − 2015.06.09 Hogan response to Pls 06.02 ltr re
certain RFPs, # 9 Exhibit I − 2015.07.30 Hogan ltr to PLs re ESI protocol, #
10 Exhibit J − 2015.10.30 Hogan ltr to Butterfield, et al in resp to 10.27 ltr re
search terms, # 11 Exhibit K − 2015.10.31 Hogan Response to Lemmon
144
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 144 of 509
10.30 ltr re search terms, # 12 Exhibit L − 2015.11.05 Sheehan ltr to Hogan
re Search Terms w appx, # 13 Exhibit M − 2015.11.30 Hogan ltr to Sheehan
in resp to 11.05 ltr re search terms w appx, # 14 Exhibit N − 2016.02.01
Martin ltr to Butterfield re plans' search terms w appx, # 15 Exhibit O −
2016.03.17 Cohen email to Pls re Search Terms, # 16 Exhibit P −
In−re−Takata−Airbag−Prods−Liab−Litig, # 17 Exhibit Q − In re
Polyuretheane (ESI), # 18 Exhibit R − Fresh and Process Potatoes ESI
Protocol)(Martin, John) (Entered: 03/18/2016)
03/21/2016
571
ORDER−It is ORDERED that that the Motion to Compel Discovery from
Defendant Blue Cross Blue Shield of Alabama Regarding the Filed Rate
Doctrine 539 is GRANTED. The Alabama Department of Insurance's Motion
to Quash Subpoenas 543 is DENIED. The depositions at issue SHALL go
forward. Plaintiffs are allowed a total of eight (8) hours for the two
depositions, and those eight hours may be allocated between the two
deponents as needed. Signed by Judge R David Proctor on 3/21/2016. (AVC)
(Entered: 03/21/2016)
03/21/2016
572
RESPONSE to 564 Motion to Compel Defendant Blue Cross and Blue Shield
of Alabama to Expedite Production of Certain Documents filed by
Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, #
9 Exhibit I)(Malatesta, John) (Entered: 03/21/2016)
03/22/2016
573
Transcript of Proceedings held on 3/18/2016, before Judge R. David Proctor.
Court Reporter/Transcriber Teresa Roberson, Telephone number (205)
492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/12/2016. Redacted Transcript Deadline set for 4/22/2016.
Release of Transcript Restriction set for 6/20/2016. (Attachments: # 1
certification page) (AVC) (Entered: 03/22/2016)
03/23/2016
574
Joint MOTION to Amend Schedule in October 30 Order 469 by Defendants'
Counsel. (Attachments: # 1 Exhibit A)(Hogewood, Mark) (Entered:
03/23/2016)
03/23/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 3/23/2016; arguments by
counsel on motions, doc # 562 , # 563 & # 564 . (Court Reporter Cheryl
Powell.) (ASL) (Entered: 03/23/2016)
03/24/2016
575
AMENDED SCHEDULING ORDER−The court hereby AMENDS the
schedule in the court's October 30, 2016 Order 469 as set out. The schedule
SHALL apply to the prioritized proceedings in American Electric Motor
Services Inc. v. Blue Cross and Blue Shield of Alabama et al., Case No.
2:12−cv−02169−RDP, Conway v. Blue Cross and Blue Shield of Alabama et
145
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 145 of 509
al.,Case No. 2:12− cv−02532−RDP, and Pettus Plumbing & Piping, Inc. v.
Blue Cross Blue Shield of Alabama et al., Case no. 3:16−cv−00297−RDP.
Signed by Judge R David Proctor on 3/23/2016. (AVC) (Entered:
03/24/2016)
03/24/2016
576
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of
services rendered and expenses incurred from January 1, 2016 through
February 29, 2016. Signed by Judge R David Proctor on 3/24/2016. (AVC)
(Entered: 03/24/2016)
03/24/2016
577
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of
services rendered and expenses incurred from January 1, 2016 through
February 29, 2016. Signed by Judge R David Proctor on 3/24/2016. (AVC)
(Entered: 03/24/2016)
03/29/2016
578
CONDITIONAL TRANSFER ORDER (CTO−25) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−25 Schedle with NDAL case numbers)(AVC)
(Entered: 03/29/2016)
03/31/2016
579
Transcript of Proceedings held on March 23, 2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Cheryl Powell, Telephone number
256−508−4050. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/21/2016. Redacted Transcript Deadline set for 5/2/2016.
Release of Transcript Restriction set for 6/29/2016. (MRR, ) (Entered:
03/31/2016)
04/01/2016
580
JOINT NOTICE of Agreement to Amend Discovery Order No. 1 by
Defendants' Counsel. (Attachments: # 1 Text of Proposed Order Proposed
Order)(Hoover, Craig) (Entered: 04/01/2016)
04/04/2016
581
Unopposed MOTION for Entry of Discovery Order by Plaintiffs' Counsel.
(Attachments: # 1 Text of Proposed Order)(Whatley, Joe) (Entered:
04/04/2016)
04/08/2016
582
CONDITIONAL TRANSFER ORDER (CTO−26) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 CTO−26 Schedule w/NDAL case number)(AVC)
(Entered: 04/08/2016)
04/08/2016
583
NOTICE That Its Answer and Affirmative Defenses to Subscriber Plaintiffs'
Amended Consolidated Class Action Complaint Applies to Newly Filed
Subscriber Track Complaints by USAble Mutual Insurance Company d/b/a
Arkansas Blue Cross and Blue Shield. (Naranjo, Michael) (Entered:
04/08/2016)
146
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 146 of 509
04/13/2016
584
ORDER AMENDING DISCOVERY ORDER No. 1. Signed by Magistrate
Judge T Michael Putnam on 4/13/2016. (AVC) (Entered: 04/13/2016)
04/13/2016
585
DISCOVERY ORDER No. 21. Signed by Magistrate Judge T Michael
Putnam on 4/13/2016. (AVC) (Entered: 04/13/2016)
04/13/2016
586
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, April 28, 2016, at 2:00 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on April 13, 2016.
(AMP) (Entered: 04/13/2016)
04/14/2016
587
Joint MOTION To Enter Order Authorizing Disclosure of Certain Personally
Identifiable Information by Defendants' Counsel. (Attachments: # 1 Text of
Proposed Order)(Hoover, Craig) (Entered: 04/14/2016)
04/14/2016
588
Opposed MOTION to Compel Defendant Blue Cross and Blue Shield of
Alabama to Produce Materials Related to the Drummond Litigation by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Part 1, # 2 Exhibit A −
Part 2, # 3 Exhibit A − Part 3, # 4 Exhibit B)(Whatley, Joe) (Entered:
04/14/2016)
04/14/2016
589
MOTION to Compel Plaintiffs to Comply with the ESI Protocol or, in the
Alternative, for a Protective Order by Defendants' Counsel. (Attachments: #
1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G)(Zeiger, Jeffrey) (Entered: 04/14/2016)
04/15/2016
590
ORDER AUTHORIZING DISCLOSURE OF CERTAIN PERSONALLY
IDENTIFIABLE INFORMATION−granting Motion 587 . Signed by
Magistrate Judge T Michael Putnam on 4/15/2016. (AVC) (Entered:
04/15/2016)
04/18/2016
591
Opposed MOTION for a Protective Order Requiring any Party to Receive
Leave of the Court Before Serving Discovery on Absent Class Members by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
04/18/2016)
04/18/2016
592
Brief in Support of 591 Opposed Motion for a Protective Order Requiring
any Party to Receive Leave of the Court Before Serving Discovery on Absent
Class Members. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ragsdale, Barry)
(Entered: 04/18/2016)
04/19/2016
593
CONDITIONAL TRANSFER ORDER (CTO−27) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 CTO−27 Schedule w/NDAL case number)(AVC)
(Entered: 04/19/2016)
04/19/2016
594
DISCOVERY ORDER No. 22. Signed by Magistrate Judge T Michael
Putnam on 4/19/2016. (AVC) (Entered: 04/19/2016)
04/20/2016
595
NOTICE of Change of Address by Archie C Lamb, Jr (Lamb, Archie)
(Entered: 04/20/2016)
147
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04/20/2016
596
AMENDED Brief in Support of 591 Opposed Motion for a Protective Order
Requiring any Party to Receive Leave of the Court Before Serving Discovery
on Absent Class Members. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit
G)(Ragsdale, Barry) (Entered: 04/20/2016)
04/21/2016
597
DISCOVERY ORDER No. 23 regarding 562 Motion to Compel ; Except as
provided herein, the motion to compel is DENIED in all other respects..
Signed by Magistrate Judge T Michael Putnam on 4/21/2016. (KAM, )
(Entered: 04/21/2016)
04/22/2016
598
DISCOVERY ORDER No. 24−denying 563 Motion to Compel. Signed by
Magistrate Judge T Michael Putnam on 4/22/2016. (AVC) (Entered:
04/22/2016)
04/25/2016
599
ORDER −This case is SET for a status conference on 8/11/2016 at 9:00a.m.,
in Courtroom 7A of the Hugo L Black US Courthouse. By 8/5/2016, the
parties SHALL submit a joint report containing a proposed agenda of items
the parties wish to be addressed during the status conference. Signed by
Judge R David Proctor on 4/25/2016. (AVC) (Entered: 04/25/2016)
04/25/2016
600
JOINT Opposition to 589 Motion to Compel or, in the Alternative, For a
Protective Order filed by Plaintiffs' Counsel. (Ragsdale, Barry) (Entered:
04/25/2016)
04/25/2016
601
RESPONSE to 588 Provider Plaintiffs' Motion to Compel Production of All
Discovery from the Drummond Litigation filed by Defendants' Counsel.
(Burkhalter, Carl) (Entered: 04/25/2016)
04/25/2016
602
RESPONSE to 591 Opposed Motion for a Protective Order Requiring any
Party to Receive Leave of the Court Before Serving Discovery on Absent
Class Members filed by Defendants' Counsel. (Attachments: # 1 Exhibit A −
4/13/16 Cottrell Letter to Ragsdale & Brown, # 2 Exhibit B − 4/12/16 Notice
of Document Subpoena to UnitedHealth Grp. Inc., # 3 Exhibit C − 4/8/16
Cottrell Letter to Ragsdale & Brown)(Zott, David) (Entered: 04/25/2016)
04/28/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 4/28/2016; arguments by
counsel on motions (docs 588 , 589 , & 591 ) (Court Reporter Julie Martin.)
(ASL) (Entered: 04/28/2016)
05/06/2016
603
CONDITIONAL TRANSFER ORDER (CTO−28) from Judicial Panel on
MDL 2406 transferring 3 actions to the Northern District of Alabama.
(Attachments: # 1 CTO−28 Schedule with NDAL Case Numbers)(AVC)
(Entered: 05/06/2016)
05/09/2016
604
Transcript of Proceedings held on April 28, 2016, before Judge T Michael
Putnam. Court Reporter/Transcriber Julie A. Martin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
148
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http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/30/2016. Redacted Transcript Deadline set for 6/9/2016.
Release of Transcript Restriction set for 8/8/2016. (MRR, ) (Entered:
05/09/2016)
05/11/2016
605
CONDITIONAL TRANSFER ORDER (CTO−29) from Judicial Panel on
MDL 2406 transferring 2 actions to the Northern District of Alabama
(Attachments: # 1 CTO−29 Schedule with NDAL case numbers)(AVC)
(Entered: 05/11/2016)
05/12/2016
606
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, May 26, 2016, at 2:00 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on May 12, 2016.
(AMP) (Entered: 05/12/2016)
05/12/2016
607
Plaintiffs' MOTION to Amend Discovery Order No. 14 by Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 05/12/2016)
05/12/2016
608
Brief in Support of 607 Plaintiffs' Motion to Amend Discovery Order No. 14
filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 05/12/2016)
05/12/2016
609
MOTION To Amend Discovery Order No. 1 by Defendants' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hoover, Craig) (Entered:
05/12/2016)
05/12/2016
610
Provider Plaintiffs' MOTION to Compel Defendants National Account
Service Company LLC and Consortium Health Plans, Inc. to Produce
Documents and Disclosures and to Set the Time Period for NASCO and
CHP's Production in the Accelerated Alabama Case by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Text of Proposed Order)(Whatley, Joe) (Entered: 05/12/2016)
05/12/2016
611
MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to
Produce Post−2013 Materials Related to Hospital Tiering and Provider
Contract Cancellations and For Clarification of Discovery Order No. 18 by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed
Order)(Whatley, Joe) (Entered: 05/12/2016)
05/13/2016
612
TEXT ORDER re 589 Motion of Health Care Service Corporation and
Caring for Montanans, Inc., to Compel Plaintiffs to Comply with the ESI
Protocol or, in the Alternative, for a Protective Order. The court has been
informed by the parties that the matter has been resolved and, accordingly,
the motion is MOOT. Signed by Magistrate Judge T Michael Putnam on May
13, 2016. (AMP) (Entered: 05/13/2016)
05/16/2016
613
DISCOVERY ORDER No. 25 denying the Motion to Compel 588 . Signed
by Magistrate Judge T Michael Putnam on 5/13/2016. (AVC) (Entered:
05/16/2016)
149
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05/16/2016
614
NOTICE of Supplemental Authority by Plaintiffs' Counsel (Whatley, Joe)
(Entered: 05/16/2016)
05/17/2016
615
Subscriber Plaintiffs' MOTION to Compel Defendant Blue Cross Blue Shield
of Alabama to Produce Organizational Charts by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed
Order)(Ragsdale, Barry) (Entered: 05/17/2016)
05/17/2016
616
DISCOVERY ORDER No. 26− granting 591 Motion for a Protective Order.
Signed by Magistrate Judge T Michael Putnam on 5/17/2016. (AVC)
(Entered: 05/17/2016)
05/19/2016
617
Joint MOTION for Order Regarding Court Reporters by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Wood, Edward) (Entered: 05/19/2016)
05/23/2016
618
ORDER granting Joint Motion for Order Regarding Court Reporters 617 .
This Order shall apply to all depositions taken by court reporters contracted
in the Blue Cross Blue Shield Antitrust Litigation in cases that are currently
pending in MDL No. 2406. Signed by Magistrate Judge T Michael Putnam
on 5/23/2016. (AVC) (Entered: 05/23/2016)
05/23/2016
619
RESPONSE to 609 MOTION To Amend Discovery Order No. 1 filed by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Whatley, Joe) (Entered: 05/23/2016)
05/23/2016
620
OPPOSITION to 607 Plaintiffs' Motion to Amend Discovery Order No. 14
filed by Defendants' Counsel. (Attachments: # 1 Exhibit Exhibit 1− Provider
Plaintiffs' Subpoena to United)(Hoover, Craig) (Entered: 05/23/2016)
05/23/2016
621
Opposition to 611 Plaintiffs' Motion to Compel Production of Post−2013
Materials filed by Defendants' Counsel. (Burkhalter, Carl) (Entered:
05/23/2016)
05/24/2016
622
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2016 through April
30, 2016 in this matter relating solely to services provided to the Plaintiffs.
Signed by Judge R David Proctor on 5/24/2016. (AVC) (Entered:
05/24/2016)
05/24/2016
623
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2016 through April
30, 2016 in this matter as it relates to services rendered for both sides of the
case. Signed by Judge R David Proctor on 5/24/2016. (AVC) (Entered:
05/24/2016)
05/24/2016
624
RESPONSE to 615 Motion to Compel Production of Organizational Charts
filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C)(Burkhalter, Carl) (Entered: 05/24/2016)
05/26/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 5/26/2016; discovery updates;
arguments by counsel on motions docs 611 and 615 ; hrg adj (Court Reporter
Teresa Roberson.) (ASL) (Entered: 05/26/2016)
05/27/2016
625
DISCOVERY ORDER NO. 27 granting 615 Motion to Compel as set out in
this order. Signed by Magistrate Judge T Michael Putnam on 5/27/2016.
150
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 150 of 509
(KAM, ) (Entered: 05/27/2016)
05/27/2016
626
Joint MOTION to Amend Discovery Order Nos. 1 and 3 by Defendants'
Counsel. (Attachments: # 1 Text of Proposed Order)(Hoover, Craig)
(Entered: 05/27/2016)
05/31/2016
627
TEXT ORDER re 610 Provider Plaintiffs' Motion to Compel Defendants
National Account Service Company, LLC and Consortium Health Plans, Inc.
to Produce Documents and Disclosures and to set the Time Period for
NASCO and CHP's Production in the Accelerated Alabama Case. The court
has been informed by the parties that the matter has been resolved and,
accordingly, the motion is MOOT. Signed by Magistrate Judge T Michael
Putnam on May 31, 2016. (AMP) (Entered: 05/31/2016)
05/31/2016
628
ORDER AMENDING DISCOVERY ORDER Nos. 1 AND 3− The parties
Joint Motion to Amend Discovery Orders No. 1 and 3 626 is GRANTED.
Motions 607 and 609 are MOOT. This order supersedes the December 23,
2015 (Doc. 502 ) and April 13, 2016 (Doc. 584 ) orders amending Discovery
Order No. 1. All other dates and provisions in Discovery Order No. 1 remain
in place. Signed by Magistrate Judge T Michael Putnam on 5/31/2016.
(AVC) (Entered: 05/31/2016)
05/31/2016
629
MOTION to Reconsider Discovery Order No. 26. 616 by Defendants'
Counsel. (Campbell, Andrew) (Entered: 05/31/2016)
05/31/2016
630
MOTION for Extension of Time to File Objections Under Federal Rule of
Civil Procedure 72, or, alternatively to Treat Their Motion for
Reconsideration as a Rule 72 Objection by Defendants' Counsel.
(Attachments: # 1 Text of Proposed Order)(Campbell, Andrew) (Entered:
05/31/2016)
06/01/2016
631
Transcript of Proceedings held on 5/26/2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
(205) 492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/22/2016. Redacted Transcript Deadline set for 7/4/2016.
Release of Transcript Restriction set for 8/30/2016. (Attachments: # 1
certification page) (AVC) (Entered: 06/01/2016)
06/01/2016
632
TEXT ORDER − This matter is before the court on Defendants' Motion for
Extension of Time to File Objections Under Federal Rule of Civil Procedure
72, or, Alternatively, to Treat Their Motion for Reconsideration as a Rule 72
Objection. 630 . The Motion 630 is GRANTED IN PART. The deadline to
object to Discovery Order No. 26 is EXTENDED until fourteen days after
the Magistrate Judge's ruling on Defendants' Motion to Reconsider Discovery
Order No. 26. 629 . Signed by Judge R David Proctor on 6/1/2016. (AVC)
151
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 151 of 509
(Entered: 06/01/2016)
06/02/2016
633
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, June 30, 2016, at 12:30 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on June 2, 2016.
(AMP) (Entered: 06/02/2016)
06/10/2016
634
NOTICE of Supplemental Response to 629 Motion to Reconsider Discovery
Order No. 26. filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Campbell, Andrew) (Entered: 06/10/2016)
06/13/2016
635
Subscriber Plaintiffs' Report Concerning Filed Rate Discovery by Plaintiffs'
Liaison Counsel. (Ragsdale, Barry) (Entered: 06/13/2016)
06/16/2016
636
MOTION to Compel Plaintiffs to Produce Structured Data by Defendants'
Counsel. (Attachments: # 1 Exhibit A−H)(Malatesta, John) (Entered:
06/16/2016)
06/16/2016
637
MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to
Produce Structured Data Dating Between 1995 and 2004 by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text
of Proposed Order)(Whatley, Joe) (Entered: 06/16/2016)
06/16/2016
638
MOTION to Compel Defendant Capital Bluecross to Designate Former
CEOs Anita Smith and William Lehr as Production Custodians and to
Compel Production of Certain Documents by Plaintiffs' Counsel, Plaintiffs'
Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #
4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed
Order)(Ragsdale, Barry) (Entered: 06/16/2016)
06/16/2016
639
***Document Sealed −Notice of Filing Exhibits Under Seal in Support of
636 Motion to Compel. (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) (AVC) (Entered: 06/17/2016)
06/17/2016
640
CONDITIONAL TRANSFER ORDER (CTO−30) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 CTO−30 Schedule w/NDAL case number)(AVC)
(Entered: 06/17/2016)
06/20/2016
641
AMENDMENT TO DISCOVERY ORDER No. 26−re: Motion to
Reconsider Discovery Order No. 26 629 . Discovery Order No. 26 is
AMENDED as set out. In all other respects the motion to reconsider
Discovery Order No. 26 is DENIED. Signed by Magistrate Judge T Michael
Putnam on 6/20/2016. (AVC) (Entered: 06/20/2016)
06/22/2016
642
Joint MOTION to Modify Discovery Order and Briefing Schedule 533 by
Defendants' Counsel. (Attachments: # 1 Text of Proposed Order)(Zott,
David) (Entered: 06/22/2016)
06/22/2016
643
ORDER −The status conference previously set for 8/11/2016, is hereby
RE−SET for 11/4/2016 at 9:30a.m., in Courtroom 7A of the Hugo L Black
US Courthouse. By 10/28/2016, the parties SHALL submit a joint report
152
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containing a proposed agenda of items the parties wish to be addressed
during the status conference. Signed by Judge R David Proctor on 6/22/2016.
(AVC) (Entered: 06/22/2016)
06/22/2016
644
ORDER−The Joint Motion to Modify the Court's January 22, 2016
Discovery Order and Briefing Schedule 642 is GRANTED. It is ORDERED
that Consortium and NASCO will file any motions and their opening brief by
7/1/2016; Provider Plaintiffs will file any opposition papers by 8/8/2016;
Consortium and NASCO will file any reply papers by 8/29/2016. Signed by
Judge R David Proctor on 6/22/2016. (AVC) (Entered: 06/22/2016)
06/24/2016
645
MOTION for an Extension of the Deadline to File Motions To Quash by
Plaintiffs' Counsel. (Attachments: # 1 Text of Proposed Order)(Whatley, Joe)
(Entered: 06/24/2016)
06/27/2016
646
RESPONSE to 645 Motion for Extension of the Deadline to File Motions To
Quash filed by Defendants' Counsel. (Zott, David) (Entered: 06/27/2016)
06/27/2016
647
TEXT ORDER granting 645 Plaintiffs' Motion for an Extension of Time to
File Motions to Quash. The plaintiffs shall have until and including June 30,
2016, to file Motions to Quash. Signed by Magistrate Judge T Michael
Putnam on June 27, 2016. (AMP) (Entered: 06/27/2016)
06/27/2016
648
Opposition to 638 Motion to Compel Designation of Certain Custodians and
Production of Certain Information From Capital BlueCross filed by
Defendants' Counsel. (Attachments: # 1 Exhibits A through K (Discovery
Correspondence))(Payne, Joshua) (Entered: 06/27/2016)
06/27/2016
649
Provider Plaintiffs' Response to 636 Motion to Compel Plaintiffs to Produce
Structured Data filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
A)(Whatley, Joe) (Entered: 06/27/2016)
06/27/2016
650
RESPONSE to 637 Motion to Compel Production of Structured Data for the
Period of 1995−2004 filed by Defendants' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Burkhalter, Carl) (Entered: 06/27/2016)
06/29/2016
651
MOTION to Withdraw as Attorney by Triple S − Salud, Inc..
(Hernandez−Burgos, Carlos) (Entered: 06/29/2016)
06/29/2016
652
STATUS REPORT on Filed Rate Discovery by Blue Cross Blue Shield of
Alabama by Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Priester, James) (Entered: 06/29/2016)
06/29/2016
653
JOINT STATUS REPORT Regarding Post−2013 Discovery by Defendants'
Counsel. (Burkhalter, Carl) (Entered: 06/29/2016)
06/30/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 6/30/2016; discovery updates;
arguments by counsel on motions docs 637 and 638; hrg adj (Court Reporter
Teresa Roberson.) (ASL) (Entered: 06/30/2016)
06/30/2016
654
Provider Plaintiffs' MOTION to Quash Subpoenas to Proposed Class
Members by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Whatley, Joe)
(Entered: 06/30/2016)
153
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 153 of 509
06/30/2016
655
NOTICE of Change of Address by Brian K Norman (Norman, Brian)
(Entered: 06/30/2016)
06/30/2016
656
Subscriber Plaintiffs' MOTION to Quash Third Party Subpoenas by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3,
# 4 Exhibit 4, # 5 Text of Proposed Order)(Ragsdale, Barry) (Entered:
06/30/2016)
07/01/2016
657
Transcript of Proceedings held on 6/30/2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
(205) 492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/22/2016. Redacted Transcript Deadline set for 8/1/2016.
Release of Transcript Restriction set for 9/29/2016. (Attachments: # 1
certification page) (AVC) (Entered: 07/01/2016)
07/01/2016
658
MOTION for Summary Judgment on Behalf of Defendants National Account
Service Company LLC and Consortium Health Plans, Inc. by Defendants'
Counsel. (Attachments: # 1 Brief In Support Of Motion, # 2 Exhibit Index, #
3 Exhibit 1 − 5/3/2016 30(b)(6) NASCO Deposition Redacted, # 4 Exhibit 5
− 5/25/2016 30(b)(6) CHP Deposition Redacted, # 5 Exhibit 7 − CHP Plans
Ownership History, # 6 Exhibit 8 − CHP Capabilities Book (Pages i−35), # 7
Exhibit 9 − CHP Capabilities Book (Pages 36−40) Redacted, # 8 Exhibit 10
− CHP and BCBSA National Account Support Agreement, # 9 Exhibit 11 −
CHP Certificate of Incorporation, # 10 Exhibit 16 − Gulf States v. Nucor
Special Master Report)(Zott, David) (Entered: 07/01/2016)
07/01/2016
659
***Document Sealed−Notice of Filing Under Seal Certain Exhibits to
National Account Service Company LLC and Consortium Health Plans, Inc.
Motion for Summary Judgment 658 −Pursuant to Protective Order 550
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6 Part 1, # 7 Exhibit 6 Part 2, # 8 Exhibit 9, # 9 Exhibit
12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15) (AVC) (Entered:
07/01/2016)
07/01/2016
660
DISCOVERY ORDER No. 28−re: Motion to Compel Plaintiffs to Produce
Structured Data 636 . Plaintiffs are DIRECTED to comply with the
production schedule as set out. Signed by Magistrate Judge T Michael
Putnam on 7/1/2016. (AVC) (Entered: 07/01/2016)
07/05/2016
661
DISCOVERY ORDER No. 29−The motion to compel Capital Blue Cross to
designate Anita Smith and William Lehr as production custodians and to
produce documents related to executive compensation 638 is GRANTED.
Signed by Magistrate Judge T Michael Putnam on 7/5/2016. (AVC) (Entered:
07/05/2016)
154
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 154 of 509
07/05/2016
662
RESPONSE to 654 Motion to Quash Subpoenas to Proposed Class Members
filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1 − 4/28/2016
Hearing Transcript, # 2 Exhibit 2 − Defendants' Subpoena to Samford
University, # 3 Exhibit 3 − 3/31/2016 C. Cottrell Letter to B. Ragsdale, # 4
Exhibit 4 − 4/8/2016 C. Cottrell Letter to T. Brown, # 5 Exhibit 5 − 6/9/2016
C. Cottrell Letter to B. Ragsdale, # 6 Exhibit 6 − 6/10/2016 M. Jones Email
to Counsel, # 7 Exhibit 7 − 6/14/2016 B. Ragsdale Letter to C. Cottrell, # 8
Exhibit 8 − 6/16/2016 B. Ragsdale Letter to C. Cottrell, # 9 Exhibit 9 −
6/24/2016 C. Cottrell Email to B. Ragsdale, # 10 Exhibit 10 − 4/13/2016 C.
Cottrell Letter to T. Brown, # 11 Exhibit 11 − Defendants' Deposition
Subpoena to Provider Plaintiffs, # 12 Exhibit 12 − Defendants' Request for
Production to Subscriber Plaintiffs, # 13 Exhibit 13 − Defendants' Deposition
Subpoena to Subscriber Plaintiffs, # 14 Exhibit 14 − Defendants' Request for
Production to Provider Plaintiffs, # 15 Exhibit 15 − Plaintiffs' Request for
Production to Milliman, Inc., # 16 Exhibit 16 − 6/3/2016 K. West Letter to B.
Ragsdale, # 17 Exhibit 17 − 6/30/2016 Hearing Transcript, # 18 Exhibit 18 −
Plaintiffs' Requests for Production to All Defendants)(Zott, David) (Entered:
07/05/2016)
07/05/2016
663
Rule 72 Objection to Discovery Order No. 26 616 by Blue Defendants'
Counsel. (Campbell, Andrew) (Entered: 07/05/2016)
07/06/2016
664
MOTION for Leave to File Under Seal by Plaintiffs' Counsel. (Ragsdale,
Barry) (Entered: 07/06/2016)
07/07/2016
665
ORDER REGARDING REVISED SEALING PROCEDURES−Plaintiffs'
Motion for Leave to File Under Seal 664 is GRANTED. The parties shall
comply with this order as further set out. Signed by Judge R David Proctor
on 7/7/2016. (AVC) (Entered: 07/07/2016)
07/12/2016
666
BRIEFING SCHEDULE ON OBJECTION TO DISCOVERY ORDER NO.
26 663 Rule 72 Objection to Discovery Order No. 26 616 −Any response to
the Objection SHALL be filed by 7/26/2016. Any reply in support of the
Objection SHALL be filed by 8/2/2016. Signed by Judge R David Proctor on
7/12/2016. (AVC) (Entered: 07/12/2016)
07/14/2016
667
TEXT ORDER − This matter is SET for a telephone conference at 3:00
p.m. on Monday, August 8, 2016, to discuss scheduling matters related to
Defendants' Motion for Summary Judgment based on the Filed Rate Doctrine
523 . The Special Master will provide a call in number for the conference.
Signed by Judge R David Proctor on 7/13/2016. (AVC) (Entered:
07/14/2016)
07/15/2016
668
Defendants' Supplemental Filing in Support of 663 Their Rule 72 Objection
to Discovery Order No. 26 filed by Defendants' Counsel. (Attachments: # 1
Exhibit 1 − Plaintiffs' Letter to Perdido Beach Resort)(Zott, David) (Entered:
07/15/2016)
07/18/2016
669
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, July 28, 2016, at 2:00 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on July 18, 2016.
155
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 155 of 509
(AMP) (Entered: 07/18/2016)
07/20/2016
670
MOTION to Compel Defendant Blue Cross and Blue Shield of Alabama to
Produce Post−2013 Unstructured Data by Plaintiffs' Counsel. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of
Proposed Order)(Whatley, Joe) (Entered: 07/20/2016)
07/22/2016
671
CONDITIONAL TRANSFER ORDER (CTO−31) from Judicial Panel on
MDL 2406 transferring 1 action to the Northern District of Alabama.
(Attachments: # 1 CTO−31 Schedule with NDAL case number)(AVC)
(Entered: 07/22/2016)
07/25/2016
672
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2016 through June 30,
2016. Signed by Judge R David Proctor on 7/25/2016. (AVC) (Entered:
07/25/2016)
07/25/2016
673
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2016 through June 30,
2016. Signed by Judge R David Proctor on 7/25/2016. (AVC) (Entered:
07/25/2016)
07/26/2016
674
DISCOVERY ORDER No. 30−The Motion to Compel 637 is GRANTED IN
PART with respect to structured data created after January 1, 2000 and
BCBS−AL is DIRECTED to produce such data within sixty (60) days. The
motion to compel is otherwise DENIED. Signed by Magistrate Judge T
Michael Putnam on 7/26/2016. (AVC) (Entered: 07/26/2016)
07/26/2016
675
Provider Plaintiffs' RESPONSE in Opposition to 663 Rule 72 Objection to
Discovery Order No. 26 filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe)
(Entered: 07/26/2016)
07/26/2016
676
Subscriber Plaintiffs' Opposition to 663 Rule 72 Objection to Discovery
Order No. 26 filed by Plaintiffs' Counsel. (Ragsdale, Barry) (Entered:
07/26/2016)
07/26/2016
677
Blue Cross and Blue Shield of Alabama's RESPONSE to 670 Motion to
Compel Post−2013 Unstructured Data filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A)(Burkhalter, Carl) (Entered: 07/26/2016)
07/28/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 7/28/2016; discovery updates;
arguments by counsel on motions docs 611, 654, 656 & 670; hrg adj. (Court
Reporter Teresa Roberson.) (ASL) (Entered: 07/28/2016)
07/29/2016
678
ORDER−Pursuant to discussions held during the 7/28/2016 conference, it is
ORDERED that by 8/8/2016, the pltfs and dft BCBS−AL shall submit a joint
status report regarding post−2013 discovery. By 8/3/2016, the parties shall
notify all subpoenaed non−parties that any objections to the subpoenas must
be filed with the court by 8/10/2016 and that arguments on the objections will
be heard by the court on 8/17/2016 at 1:00p.m., in Courtroom 3B of the Hugo
L. Black U.S. Courthouse. The parties are directed to certify to the court by
8/5/2016, that notification of all subpoenaed nonparties of the objection
deadline has occurred. By 8/10/2016, the parties shall submit a joint proposal
156
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 156 of 509
of language to be included with any future nonparty subpoenas. A hearing
regarding filed−rate discovery is set for 8/17/2016 at 9:00a.m., in Courtroom
3B of the Hugo L Black US Courthouse. The parties submit simultaneous
briefs regarding filed−rate discovery by 8/8/2016. Responses are due by
8/15/2016. Signed by Magistrate Judge T Michael Putnam on 7/29/2016.
(AVC) (Entered: 07/29/2016)
08/01/2016
679
Transcript of Proceedings held on 7/28/2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
(205) 492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016.
Release of Transcript Restriction set for 10/31/2016. (Attachments: # 1
certification page) (AVC) (Entered: 08/01/2016)
08/02/2016
680
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Wednesday, August 17, 2016, at 3:00 PM in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2. of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on August 2, 2016.
(AMP) (Entered: 08/02/2016)
08/02/2016
681
REPLY in Support of 663 Defendants' Rule 72 Objection to Discovery Order
No. 26 filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Campbell, Andrew) (Entered:
08/02/2016)
08/05/2016
682
Supplemental Filing Regarding Notice of Objections. (Attachments: # 1
Exhibit 1 − Defendants' Notices to Subpoena Targets re Objection
Schedule)(Cottrell, Christa) (Entered: 08/05/2016)
08/05/2016
683
Subscriber Plaintiffs' MOTION for an Order to Show Cause by Plaintiffs'
Counsel. (Ragsdale, Barry) (Entered: 08/05/2016)
08/05/2016
684
Brief in Support of 683 Subscriber Plaintiffs' Motion for an Order to Show
Cause. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3 (filed under
seal), # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8,
# 9 Exhibit 9 (filed under seal), # 10 Exhibit 10 (filed under seal), # 11
Exhibit 11 (filed under seal), # 12 Exhibit 12 (filed under seal), # 13 Text of
Proposed Order)(Ragsdale, Barry) (Entered: 08/05/2016)
08/05/2016
685
***Document Sealed −Subscriber Plaintiffs' Notice of Filing Under Seal
Exhibits to Memorandum in Support of Subscriber Plaintiffs' Motion for an
Order to Show Cause. (Attachments: # 1 Exhibit 3, # 2 Exhibit 9, # 3 Exhibit
10, # 4 Exhibit 11, # 5 Exhibit 12) (AVC) (Entered: 08/08/2016)
157
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08/08/2016
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 8/8/2016. (Court Reporter Leah Turner.) (KLL) (Entered:
08/08/2016)
08/08/2016
686
JOINT STATUS REPORT Regarding Post−2013 Discovery by Plaintiffs'
Counsel. (Brown, W) (Entered: 08/08/2016)
08/08/2016
687
Subscriber Plaintiffs' STATUS REPORT on Filed Rate Discovery by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
08/08/2016)
08/08/2016
688
Blue Cross Blue Shield of Alabama's STATUS REPORT on Filed Rate
Discovery by Defendants' Counsel. (Attachments: # 1 Exhibit A)(Burkhalter,
Carl) (Entered: 08/08/2016)
08/08/2016
689
***Document Sealed −Brief in Opposition to 658 Defendants National
Account Service Company LLC and Consortium Health Plans, Inc.'s Motion
for Summary Judgment. (Attachments: # 1 Notice, # 2 Exhibit Index, # 3
Exhibit 1 Part 1, # 4 Exhibit 1 Part 2, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit
4 Part 1, # 8 Exhibit 4 Part 2, # 9 Exhibit 4 Part 3, # 10 Exhibit 4 Part 4, # 11
Exhibit 4 Part 5, # 12 Exhibit 4 Part 6, # 13 Exhibit 4 Part 7, # 14 Exhibit 4
Part 8, # 15 Exhibit 4 Part 9, # 16 Exhibit 4 Part 10, # 17 Exhibit 4 Part 11, #
18 Exhibit 4 Part 12, # 19 Exhibit 4 Part 13, # 20 Exhibit 4 Part 14, # 21
Exhibit 4 Part 15, # 22 Exhibit 4 Part 16, # 23 Exhibit 4 Part 17, # 24 Exhibit
4 Part 18, # 25 Exhibit 4 Part 19, # 26 Exhibit 4 Part 20, # 27 Exhibit 5, # 28
Exhibit 6, # 29 Exhibit 7, # 30 Exhibit 8, # 31 Exhibit 9, # 32 Exhibit 10, #
33 Exhibit 11 Part 1, # 34 Exhibit 11 Part 2, # 35 Exhibit 12, # 36 Exhibit 13,
# 37 Exhibit 14, # 38 Exhibit 15, # 39 Exhibit 16, # 40 Exhibit 17, # 41
Exhibit 18, # 42 Exhibit 19, # 43 Exhibit 20, # 44 Exhibit 21, # 45 Exhibit
22, # 46 Exhibit 23, # 47 Exhibit 24 Part 1, # 48 Exhibit 24 Part 2, # 49
Exhibit 25, # 50 Exhibit 26, # 51 Exhibit 27, # 52 Exhibit 28, # 53 Exhibit
29, # 54 Exhibit 30, # 55 Exhibit 31, # 56 Exhibit 32, # 57 Exhibit 33, # 58
Exhibit 34, # 59 Exhibit 35, # 60 Exhibit 36) (AVC) (Entered: 08/09/2016)
08/10/2016
690
ORDER REGARDING VARIOUS MATTERS AND BRIEFING
SCHEDULE ON FILED RATE MOTION− Because BCBSAL anticipates
filing a revised Motion on the filed rate doctrine, Motion 523 is terminated.
The briefing scheduling set out SHALL apply to BCBSAL's revised Motion
for Partial Summary Judgment on the filed rate doctrine. This case is SET for
a status conference and hearing on 11/29/2016 at 9:30a.m. in Courtroom 7A
of the Hugo L. Black U.S. Courthouse. On 11/18/2016, the parties SHALL
submit a joint report containing a proposed agenda of any additional items
the parties wish to be addressed during the 11/29/2016 status conference and
hearing. Signed by Judge R David Proctor on 8/9/2016. (AVC) (Entered:
08/10/2016)
08/10/2016
691
TEXT ORDER − In light of the court's Order setting a status conference and
hearing for November 29, 2016 690 , the status conference previously set for
November 4, 2016 is CANCELED. Signed by Judge R David Proctor on
8/10/2016. (AVC) (Entered: 08/10/2016)
08/10/2016
692
OBJECTION to 678 Subpoena filed by Grandview Medical Center.
(Attachments: # 1 Affidavit of Jane Northcutt)(Mays, Joseph) (Entered:
08/10/2016)
158
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 158 of 509
08/10/2016
693
Non−Party Objections and Motion to Quash Subpoenas by Health Care
Authority of the City of Huntsville. (Kelly, Jeffrey) (Entered: 08/10/2016)
08/10/2016
694
Brief in Support of 693 Objections and Motion to Quash Subpoenas by
Health Care Authority of the City of Huntsville. (Kelly, Jeffrey) (Entered:
08/10/2016)
08/10/2016
695
Non−Party Objections and Motion to Quash Subpoenas by Russellville
Hospital, Inc. (Kelly, Jeffrey) (Entered: 08/10/2016)
08/10/2016
696
JOINT Filing Regarding Proposed Language for Letters Accompanying
Future Subpoenas to Potential Absent Class Members re: Order 678 .
(Cottrell, Christa) (Entered: 08/10/2016)
08/10/2016
697
OBJECTIONS of Non−Party to Subpoena by Regions Bank. (Pennington,
James) (Entered: 08/10/2016)
08/10/2016
698
OBJECTION and Motion to Quash Subpoenas by Andrews Sports Medicine
and Orthopaedic Center, LLC. (Attachments: # 1 Exhibit Document
Subpoena, # 2 Exhibit Deposition Subpoena, # 3 Affidavit Declaration of L
Warren)(Wilson, Benjamin) (Entered: 08/10/2016)
08/10/2016
699
Brief in Support of Objection and Motion to Quash 698 filed by Andrews
Sports Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin)
(Entered: 08/10/2016)
08/10/2016
700
Opposition to Subpoenas Duces Tecum and Subpoena to Testify at a Rule
30(b)(6) Deposition filed by John B. Waits. (Attachments: # 1 Affidavit of
Dr. Waits)(Brown, W) (Entered: 08/10/2016)
08/11/2016
701
JOINT STATUS REPORT Regarding Post−2013 Discovery by Plaintiffs'
Counsel. (Brown, W) (Entered: 08/11/2016)
08/15/2016
702
Transcript of Proceedings held on 8/8/2016, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/5/2016. Redacted Transcript Deadline set for 9/15/2016.
Release of Transcript Restriction set for 11/14/2016. (AVC) (Entered:
08/15/2016)
08/15/2016
703
REPLY to Response to Motion re 656 Subscriber Plaintiffs' MOTION to
Quash Third Party Subpoenas, 654 Provider Plaintiffs' MOTION to Quash
Subpoenas to Proposed Class Members filed by Plaintiffs' Counsel.
(Ragsdale, Barry) (Entered: 08/15/2016)
08/15/2016
704
RESPONSE to 687 Subscriber Plaintiffs' Status Report on Filed Rate
Discovery filed by Defendants' Counsel. (Attachments: # 1 Exhibit
159
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 159 of 509
A−J)(Burkhalter, Carl) Modified on 8/17/2016 − sealed pursuant to text order
# 711 (ASL). (Entered: 08/15/2016)
08/15/2016
705
CONSOLIDATED RESPONSE to Potential Class Member Subpoena
Targets' Objections 692 , 693 , 694 , 695 , 698 , 699 , 700 Potential Class
Member Subpoena Targets' Objections filed by Defendants' Counsel.
(Attachments: # 1 Exhibit 1 − Plaintiffs' Letters to Subpoena Targets, # 2
Exhibit 2 − Subpoena Target Letter to Defendants, # 3 Exhibit 3 − Request
for Production Subpoena Excerpt)(Zott, David) (Entered: 08/15/2016)
08/16/2016
706
***Document Sealed−Notice of Filing Under Seal Exhibits A−J to 704
Response to Subscriber Plaintiffs' Status Report on Filed Rate Discovery.
(Attachments: # 1 Table of Contents, # 2 Exhibit A, # 3 Exhibit B, # 4
Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9
Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (AVC) (Entered: 08/16/2016)
08/16/2016
707
CONSOLIDATED RESPONSE to Potential Class Member Subpoena
Targets' Objections 692 , 693 , 694 , 695 , 699 , 700 . (Attachments: # 1
Exhibit 1 − Plaintiffs' Letters to Subpoena Targets, # 2 Exhibit 2 − Subpoena
Target Letter to Defendants, # 3 Exhibit 3 − Request for Production
Subpoena Excerpt)(Zott, David) (Entered: 08/16/2016)
08/16/2016
708
RESPONSE to re 707 Non−Party Subpoena filed by Grandview Medical
Center. (Mays, Joseph) (Entered: 08/16/2016)
08/17/2016
709
RESPONSE to Discovery Request from Regions Bank by Regions
Bank.(Pennington, James) (Entered: 08/17/2016)
08/17/2016
710
NOTICE of Appearance by George E Knox, Jr on behalf of Health Care
Authority of the City of Huntsville, Russellville Hospital, Inc. (Knox,
George) (Entered: 08/17/2016)
08/17/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Hearing held on 8/17/2016; re Filed−Rate Discovery; hrg
adj. (Court Reporter Sabrina Lewis.) (ASL) (Entered: 08/17/2016)
08/17/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 8/17/2016: re 654 , 656 , 692 , 693 , 695 ,
697 , 698 , 700 ; arguments by counsel; hrg adj (Court Reporter Sabrina
Lewis) (ASL) (Entered: 08/17/2016)
08/17/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 8/17/2016; discovery updates
by counsel; oral motion to seal document number 704 , granted subject to
Judge Proctor's decision on related issues; hrg adj. (Court Reporter Sabrina
Lewis.) (ASL) (Entered: 08/17/2016)
08/17/2016
711
TEXT ORDER. Oral motion in open court to seal document number 704 is
GRANTED subject to Judge Proctor's decision on related issues. Signed by
Magistrate Judge T Michael Putnam on 8/17/16. (ASL) (Entered:
08/17/2016)
08/18/2016
712
TEXT ORDER. Pursuant to direction in the Discovery Status Conference
held on August 17, 2016, the Subscriber Plaintiffs and defendant Blue Cross
Blue Shield of Alabama shall have until Wednesday, August 24, 2016, to file
simultaneous briefs addressing 1) whether the issue of the production of the
160
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 160 of 509
Carden variance analysis is properly before the court, and 2)if so, whether the
Carden analysis constitutes attorney work product. Response or reply briefs
will not be accepted. Signed by Magistrate Judge T Michael Putnam on
August 18, 2016. (AMP, ) (Entered: 08/18/2016)
08/19/2016
713
DISCOVERY ORDER No. 31. Signed by Magistrate Judge T Michael
Putnam on 8/19/2016. (AVC) (Entered: 08/19/2016)
08/19/2016
714
OBJECTIONS and Motion to Quash Subpoena by Hometown Health
Providers Insurance Company, Inc. (Attachments: # 1 Exhibit A−1, # 2
Exhibit A−2, # 3 Exhibit 3)(Brown, Jeffrey) (Entered: 08/19/2016)
08/22/2016
715
DISCOVERY ORDER NO. 32. Signed by Magistrate Judge T Michael
Putnam on 8/22/2016. (AVC) (Entered: 08/22/2016)
08/23/2016
716
TEXT ORDER− This matter is before the court on the correspondence from
the parties pursuant to the court's Order Regarding Revised Sealing
Procedures 665 . In light of that correspondence, the Clerk of the Court is
directed to unseal the following exhibits to Document 689: Notice (689−1),
Exhibit Index (689−2), 2 (689−5), 5 (689−27), 10 (689−32), 11 (689−33 and
689−34), 12 (689−35), 14 (689−37), 15 (689−38), 16 (689−39), 17 (689−40),
18 (689−41), 19 (689−42), 20 (689−43), 22, (689−45), 25 (689−49) 26
(689−50) 27 (689−51) 28 (689−52) 29 (689−53), 31 (689−55), 34 (689−58),
and 35 (689−59). This exercise has revealed that the court was correct that
more documents than necessary were being requested to be sealed by the
parties. Additionally, the parties SHALL undertake to further reduce the
number of documents being sealed by, where possible, redacting unnecessary
parts of the documents prior to filing rather than asking that the whole
document be sealed. Signed by Judge R David Proctor on 8/23/2016. (AVC)
(Entered: 08/23/2016)
08/23/2016
717
National Account Service Company LLC and Consortium Health Plans,
Inc.'s Unopposed MOTION for Leave to File Joint Reply Brief in Excess of
Ten Pages by Defendants' Counsel. (Attachments: # 1 Text of Proposed
Order)(Zott, David) (Entered: 08/23/2016)
08/24/2016
718
TEXT ORDER−This matter is before the court on Defendants National
Account Service Company LLC and Consortium Health Plans, Inc.s
Unopposed Motion For Leave to File Joint Reply Brief in Excess of Ten
Pages 717 . The Motion 717 is GRANTED. The reply brief from Defendants
NASCO and CHP may contain up to 25 pages. Signed by Judge R David
Proctor on 8/24/2016. (AVC) (Entered: 08/24/2016)
08/24/2016
719
MOTION to Unseal Document by Plaintiffs' Counsel. (Hellums, Christopher)
(Entered: 08/24/2016)
08/24/2016
720
TEXT ORDER re 714 Non−Party Hometown Health Providers Insurance
Company, Inc.'s Objections and Motion to Quash Subpoena. A response by
provider plaintiffs may be filed within 7 days of this Order and shall be no
more than 15 pages in length. Signed by Magistrate Judge T Michael Putnam
on August 24, 2016. (AMP) (Entered: 08/24/2016)
08/24/2016
721
MOTION for a Two−Day Extension by Defendants' Counsel. (Burkhalter,
Carl) (Entered: 08/24/2016)
161
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 161 of 509
08/24/2016
722
***Document Sealed−Notice of Filing Under Seal Deposition to 719 Motion
to Unseal. (Attachments: # 1 Deposition) (AVC) (Entered: 08/24/2016)
08/24/2016
723
TEXT ORDER granting 721 Defendant Blue Cross and Blue Shield of
Alabama's Motion for Two−Day Extension. The Subscriber Plaintiffs and
defendant Blue Cross and Blue Shield of Alabama shall have until Friday,
August 26, 2016, to file simultaneous briefs as directed by Text Order 712 .
Signed by Magistrate Judge T Michael Putnam on August 24, 2016. (AMP)
(Entered: 08/24/2016)
08/25/2016
724
TEXT ORDER−The court has become aware that the schedule and process
regarding maintaining documents under seal is somewhat unclear. The court
does not contemplate that extensive briefing should be necessary on whether
to maintain documents under seal. The court merely needs to determine
whether there is a basis for maintaining documents under seal separate from
any agreement between the parties. Also, because the parties must now meet
and confer regarding filing documents under seal, the court contemplates that
a response should be possible within the time frame designated for seeking to
maintain documents under seal: three days. Signed by Judge R David Proctor
on 8/25/2016. (AVC) (Entered: 08/25/2016)
08/26/2016
725
Subscriber Plaintiffs' Memorandum Seeking Complete Production of
Defendant's Internal Variance Documents. (Attachments: # 1 Text of
Proposed Order)(Hellums, Christopher) (Entered: 08/26/2016)
08/26/2016
726
Transcript of Proceedings held on August 17, 2016 9:00 am, before Judge T
Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone
number (205)278−2065. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016.
Release of Transcript Restriction set for 11/24/2016. (MRR, ) (Entered:
08/26/2016)
08/26/2016
727
Transcript of Proceedings held on August 17, 2016 1:00 pm and 3:00 pm,
before Judge T Michael Putnam. Court Reporter/Transcriber Sabrina Lewis,
Telephone number (205) 278−2065. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
162
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 162 of 509
Request due 9/16/2016. Redacted Transcript Deadline set for 9/26/2016.
Release of Transcript Restriction set for 11/24/2016. (MRR, ) (Entered:
08/26/2016)
08/26/2016
728
Brief re 712 Order,, Blue Cross Blue Shield of Alabama's Brief in Response
to August 18, 2016 Order filed by Defendants' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Burkhalter, Carl)
(Entered: 08/26/2016)
08/26/2016
729
***Document Sealed −Notice of Filing Under Seal Exhibits in Support of
Brief 725 . (Attachments: # 1 Deposition Part 1, # 2 Deposition Part 2, # 3
Response to Subscriber Plaintiffs' Status Report, # 4 Request for Prodcution,
# 5 Notice of Deposition, # 6 Letter, # 7 Deposition Part 1, # 8 Deposition
Part 2, # 9 Deposition Part 3, # 10 Objection) (AVC) (Entered: 08/29/2016)
08/29/2016
730
NOTICE of Filing Corrected Exhibit re: 728 by Defendants' Counsel.
(Attachments: # 1 Exhibit A)(Burkhalter, Carl) (Entered: 08/29/2016)
08/29/2016
731
REPLY Brief in Support of 658 Motion for Summary Judgment filed by
Defendants' Counsel. (Zott, David) (Entered: 08/29/2016)
08/29/2016
732
REPLY Brief filed by Defendant Defendants' Counsel re: 719 MOTION to
Unseal Document filed by Defendants' Counsel. (Attachments: # 1 Exhibit A
− Part 1 of 3, # 2 Exhibit A − Part 2 of 3, # 3 Exhibit A − Part 3 of 3, # 4
Exhibit B)(Burkhalter, Carl) (Entered: 08/29/2016)
08/29/2016
733
AMENDED and RESTATED MOTION Based on Filed Rate Doctrine for
Summary Judgment on the Alabama Subscribers' Damages Claims by
Defendants' Counsel. (Priester, James) (Entered: 08/29/2016)
08/29/2016
734
JOINT Brief in Support of 733 Amended and Restated Motion Based on the
Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers'
Damages Claims filed by Defendants' Counsel. (Priester, James) (Entered:
08/29/2016)
08/29/2016
735
Evidentiary Materials re: 734 Joint Brief in Support of Amended and
Restated Motion Based on Filed Rate Doctrine for Summary Judgment on the
Alabama Subscribers' Damages Claims. (Priester, James) (Entered:
08/29/2016)
08/30/2016
736
SECOND AMENDED RESPONSE to Subpoena by Blue Cross Blue Shield
Association by Regions Bank.(Pennington, James) (Entered: 08/30/2016)
08/30/2016
737
***Document Sealed−Blue Cross and Blue Shield of Alabama's Opposition
to 719 Subscriber Plaintiffs' Motion to Unseal Alabama Department of
Insurance Deposition Transcript. (Attachments: # 1 DX−1, # 2 DX−2, # 3
DX−3, # 4 Exhibit A−Deposition, # 5 Exhibit A−PX−1, # 6 Exhibit
A−PX−2, # 7 Exhibit A−PX−3, # 8Exhibit A−PX−4, # 9 Exhibit A−PX−5, #
10 Exhibit A−PX−6, # 11 Exhibit A−PX−7, # 12 Exhibit A−PX−8, # 13
Exhibit A−PX−9, # 14 Exhibit A−PX−10, # 15 Exhibit A−PX−11, # 16
Exhibit A−PX−12, # 17 Exhibit A−PX−13, # 18Exhibit A−PX−14, # 19
Exhibit A−PX−15, # 20 Exhibit A−PX−16, # 21 Exhibit A−PX−17, # 22
Exhibit A−PX−18, # 23 Exhibit A−PX−19, # 24 Exhibit A−PX−20, # 25
Exhibit A−PX−21, # 26 Exhibit A−PX−22, # 27 Exhibit A−PX−23A, # 28
Exhibit A−PX−23B, # 29 Exhibit A−PX−23C, # 30 Exhibit B) (AVC)
163
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 163 of 509
(Entered: 08/31/2016)
08/30/2016
738
***Document Sealed−Joint Brief in Support of Amended and Restated
Motion Based on the Filed Rate Doctrine for Summary Judgment on the
Alabama Subscriber's Damages Claims. (Attachments: # 1 Table of Contents,
# 2 Declaration, # 3 Exhibit A1, # 4 Exhibit A2, # 5 Exhibit A3, # 6 Exhibit
A4, # 7 Exhibit A5, # 8 Exhibit A6, # 9 Exhibit A7, # 10 Exhibit A8, # 11
Exhibit A9, # 12 Exhibit A10, # 13 Exhibit A11, # 14 Exhibit A12, # 15
Exhibit A13, # 16 Exhibit A14, # 17 Exhibit A15, # 18 Exhibit A16, # 19
Exhibit A17, # 20 Exhibit A18, # 21 Exhibit A19, # 22 Exhibit A20, # 23
Exhibit A21, # 24 Exhibit A22, # 25 Exhibit A23, # 26 Exhibit A24, # 27
Exhibit A25, # 28 Exhibit A26, # 29 Exhibit A27, # 30 Exhibit A28, # 31
Exhibit A29, # 32 Exhibit A30, # 33 Exhibit A31, # 34 Exhibit A32, # 35
Exhibit A33, # 36 Exhibit A34, # 37 Exhibit A35, # 38 Exhibit A36, # 39
Exhibit A37, # 40 Exhibit A38, # 41 Exhibit A39, # 42 Exhibit A40, # 43
Exhibit A41, # 44 Exhibit A42, # 45 Exhibit A43, # 46 Exhibit A44, # 47
Exhibit A45, # 48 Exhibit A46, # 49 Exhibit A47, # 50 Exhibit A48, # 51
Exhibit A49, # 52 Exhibit A50, # 53 Exhibit A51, # 54 Exhibit A52, # 55
Exhibit A53, # 56 Exhibit A54, # 57 Exhibit A55, # 58 Exhibit B Deposition,
# 59 Exhibit B−DX−1, # 60 Exhibit B−DX−2, # 61 Exhibit B−DX−3, # 62
Exhibit B−PX−1, # 63 Exhibit B−PX−2, # 64 Exhibit B−PX−3, # 65 Exhibit
B−PX−4, # 66 Exhibit B−PX−5, # 67 Exhibit B−PX−6, # 68 Exhibit
B−PX−7, # 69 Exhibit B−PX−8, # 70 Exhibit B−PX−9, # 71 Exhibit
B−PX−10, # 72 Exhibit B−PX−11, # 73 Exhibit B−PX−12, # 74 Exhibit
B−PX−13, # 75 Exhibit B−PX−14, # 76 Exhibit B−PX−15, # 77 Exhibit
B−PX−16, # 78 Exhibit B−PX−17, # 79 Exhibit B−PX−18, # 80 Exhibit
B−PX−19, # 81 Exhibit B−PX−20, # 82 Exhibit B−PX−21, # 83 Exhibit
B−PX−22, # 84 Errata B−PX−23A, # 85 Exhibit B−PX−23B, # 86 Exhibit
B−PX−23C, # 87 Exhibit C) (AVC) (Entered: 08/31/2016)
08/31/2016
739
STIPULATION and Notice of Withdrawal of Motion to Quash Subpoena
Issued by Provider Plaintiffs by Hometown Health Providers Insurance
Company, Inc. (Brown, Jeffrey) (Entered: 08/31/2016)
08/31/2016
740
NOTICE of Supplemental Filing in Support of 725 Brief Seeking Complete
Production of Defendant's Internal Variance Documents filed by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit 7A, # 2 Exhibit 7B, # 3 Exhibit
7C)(Ragsdale, Barry) (Entered: 08/31/2016)
09/02/2016
741
TEXT ORDER−On September 1, 2016, the court conducted a conference
call in this matter. As a result of matters discussed in the conference call, it is
ORDERED as follows: Plaintiffs and Defendants will meet and confer about
modifying the timeframes provided in the courts Order Regarding Revised
Sealing Procedures 665 for conferring about documents filed under seal,
sending the court justifications for filing a document under seal, and raising
objections to a document that has been filed under seal. By September 8,
2016, Plaintiffs and Defendants SHALL file a joint written status report
regarding the proposed timeframes for future filings under seal. Signed by
Judge R David Proctor on 9/2/2016. (AVC) (Entered: 09/02/2016)
09/02/2016
742
STATUS REPORT by Grandview Medical Center. (Mays, Joseph) (Entered:
09/02/2016)
09/02/2016
743
164
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 164 of 509
JOINT MOTION to Amend Discovery Order No. 32 by Blue Cross Blue
Shield Antitrust Litigation MDL 2406. (Malatesta, John) (Entered:
09/02/2016)
09/02/2016
744
REPORT of Non−Parties Regarding Discovery Order No. 31 by Health Care
Authority of the City of Huntsville, Russellville Hospital, Inc. (Kelly,
Jeffrey) (Entered: 09/02/2016)
09/02/2016
745
REPORT of Non−Party Regarding Discovery Order 31 by Andrews Sports
Medicine and Orthopaedic Center, LLC. (Wilson, Benjamin) (Entered:
09/02/2016)
09/02/2016
746
REPORT of Non−Parties Regarding Discovery Order No. 31 by Health Care
Authority of the City of Huntsville, Russellville Hospital, Inc. (Attachments:
# 1 Exhibit Affidavit of Joe W. Campbell)(Kelly, Jeffrey) (Entered:
09/02/2016)
09/02/2016
747
REPORT of Non−Party Pursuant to Discovery Order 31 by Regions Bank.
(Pennington, James) (Entered: 09/02/2016)
09/06/2016
748
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Wednesday, September 28, 2016, at 9:00 AM in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam. Court reporter to be present. Any
written submissions are governed by subsection II.D.2. of Discovery Order
No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on
September 6, 2016. (AMP) (Entered: 09/06/2016)
09/06/2016
749
ORDER AMENDING DISCOVERY ORDER NO. 32−The undersigned
hereby GRANTS the parties' Joint Motion to Amend Discovery Order No.
32. 743 . Signed by Magistrate Judge T Michael Putnam on 9/6/2016. (AVC)
(Entered: 09/06/2016)
09/06/2016
750
SUPPLEMENTAL RESPONSE to Plaintiffs' and Objecting Providers'
Motions to Quash filed by Defendants' Counsel. (Campbell, Andrew)
(Entered: 09/06/2016)
09/07/2016
751
REPLY to 692 , 750 Supplemental Response to Plaintiffs' and Objecting
Providers' Motions to Quash filed by Grandview Medical Center. (Mays,
Joseph) (Entered: 09/07/2016)
09/08/2016
752
REPLY to Supplemental Response to Motions to Quash filed by Health Care
Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly,
Jeffrey) (Entered: 09/08/2016)
09/08/2016
753
Joint MOTION to Enter Stipulated Order Regarding Preservation of Personal
Jurisdiction and Venue Defenses by Defendants' Counsel. (Attachments: # 1
Text of Proposed Order)(Hoover, Craig) (Entered: 09/08/2016)
09/08/2016
754
JOINT STATUS REPORT Regarding Revised Procedures for Filing
Documents Under Seal by Defendants' Counsel.(Attachments: # 1 Text of
Proposed Order)(Cottrell, Christa) (Entered: 09/08/2016)
09/09/2016
755
STIPULATED ORDER REGARDING PRESERVATION OF PERSONAL
JURISDICTION AND VENUE DEFENSES granting Motion 753 . Signed
by Judge R David Proctor on 9/9/2016. (AVC) (Entered: 09/09/2016)
165
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 165 of 509
09/09/2016
756
DISCOVERY ORDER No. 33. Signed by Magistrate Judge T Michael
Putnam on 9/9/2016. (AVC) (Entered: 09/09/2016)
09/13/2016
757
ORDER REGARDING UPCOMING SETTINGS−This case is SET for a
party caucuses and a hearing at 1:30p.m. on 9/27/2016 in Courtroom 7A. At
the hearing, the court will hear argument regarding Dfts' Objections to
Discovery Order No. 26 663 . The court's August 10, 2016 Order setting a
status conference for 9:30a.m. on 11/29/2016 690 , is AMENDED as set out.
A further status conference is hereby SET for 9:00a.m. on 12/20/2016, in
Courtroom 7A. This status conference will consist of day one of Economic
Presentations by the parties. Signed by Judge R David Proctor on 9/13/2016.
(AVC) (Entered: 09/13/2016)
09/14/2016
758
ORDER REVISING SEALING PROCEDURES. Signed by Judge R David
Proctor on 9/14/2016. (AVC) (Entered: 09/14/2016)
09/14/2016
759
Subscriber Plaintiffs' STATUS REPORT and Proposal Regarding Procedures
for BCBSAL−Related Documents Filed Under Seal by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Attachments: # 1 Text of Proposed
Order)(Ragsdale, Barry) (Entered: 09/14/2016)
09/15/2016
760
BCBSAL's Response to 759 Subscriber Plaintiffs' Status Report and
Proposal, and Motion for Leave to File Limited, Additional Briefing filed by
Defendants' Counsel. (Burkhalter, Carl) (Entered: 09/15/2016)
09/16/2016
761
ORDER REGARDING SEALED PAPERS RELATED TO BLUE CROSS
BLUE SHIELD OF ALABAMA. Signed by Judge R David Proctor on
9/16/2016. (AVC) (Entered: 09/16/2016)
09/20/2016
762
Supplemental Rule 72 Objection filed by Defendants' Counsel. (Campbell,
Andrew) (Entered: 09/20/2016)
09/22/2016
763
Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No. 33 by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
09/22/2016)
09/22/2016
764
CERTIFICATE OF SERVICE for doc# 763 by Plaintiffs' Counsel, Plaintiffs'
Liaison Counsel. (Ragsdale, Barry) (Entered: 09/22/2016)
09/23/2016
765
Subscriber Plaintiffs' Consent Motion for Leave to Exceed Page Limits by
Plaintiffs' Liaison Counsel. (Attachments: # 1 Text of Proposed
Order)(Ragsdale, Barry) (Entered: 09/23/2016)
09/23/2016
766
TEXT ORDER−This matter is before the court on the Alabama Subscriber
Plaintiffs' Consent Motion for Leave to Exceed Page Limit. 765 The Motion
765 is GRANTED. Plaintiffs Consolidated Memorandum of Law may
contain up to forty−five (45) pages. Defendants reply brief may contain up to
twenty (20) pages. Signed by Judge R David Proctor on 9/23/2016. (AVC)
(Entered: 09/23/2016)
09/23/2016
767
RESPONSE to 663 Rule 72 Objection to Discovery Order Number 26 filed
by Grandview Medical Center. (Mays, Joseph) (Entered: 09/23/2016)
09/23/2016
768
MOTION to Appoint Counsel , Gregory S. Cusimano, to the Litigation
Committee for the Provider Track by Plaintiffs' Counsel. (Attachments: # 1
Text of Proposed Order)(Whatley, Joe) (Entered: 09/23/2016)
166
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 166 of 509
09/23/2016
769
Notice of Supplemental Authority filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A)(Campbell, Andrew) (Entered: 09/23/2016)
09/23/2016
770
Cross MOTION for Partial Summary Judgment by Plaintiffs' Liaison
Counsel. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Ragsdale,
Barry) (Entered: 09/23/2016)
09/23/2016
771
***Document Sealed −Subscriber Plaintiffs' Consolidated Memorandum of
Law (1)In Opposition to Defendants' Amended and Restated Motion for
Summary Judgment Based on the Filed Rate Doctrine on the Alabama
Subscribers' Damages Claims, and (2) In Support of Plaintiffs' Cross−Motion
for Partial Summary Judgment. (AVC, ) (Entered: 09/23/2016)
09/23/2016
772
RESPONSE in Opposition to 762 Supplemental Rule 72 Objection filed by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered:
09/23/2016)
09/23/2016
773
***Document Sealed −Subscriber Plaintiffs' Notice of Filing Under Seal
Evidentiary Submission in Support of Consolidated Memorandum of Law in
Opposition to Defendants' Amended and Restated Motion Based on the Filed
Rate Doctrine for Summary Judgment on Alabama Subscribers' Damages
Claims, and in Support of Plaintiffs' Cross−Motion for Partial Summary
Judgment. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 6, # 6 Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11, # 9
Exhibit 12, # 10 Exhibit 18, # 11 Exhibit 20, # 12 Exhibit 22) (AVC)
(Entered: 09/23/2016)
09/23/2016
774
TEXT ORDER− This matter is before the Court on the Provider Plaintiffs
Motion to Appoint Gregory S. Cusimano to the Litigation Committee for the
Provider Track. 768 The Motion 768 is GRANTED. Mr. Cusimano is
APPOINTED to serve on the Provider Track Litigation Committee. Signed
by Judge R David Proctor on 9/23/2016. (AVC) (Entered: 09/23/2016)
09/23/2016
775
Evidentiary Submission in Support of Subscriber Plaintiffs' Consolidated
Memorandum of Law in Opposition to Defendants' Amended and Restated
Motion Based on the Filed Rate Doctrine for Summary Judgment on the
Alabama Subscribers' Damages Claims, and in Support of Plaintiffs'
Cross−Motion for Partial Summary Judgment.(Attachments: # 1 Exhibit 1 −
Under Seal, # 2 Exhibit 2, # 3 Exhibit 3 − Under Seal, # 4 Exhibit 4 − Under
Seal, # 5 Exhibit 5, # 6 Exhibit 6 − Under Seal, # 7 Exhibit 7, # 8 Exhibit 8, #
9 Exhibit 9 − Under Seal, # 10 Exhibit 10 − Under Seal, # 11 Exhibit 11 −
Under Seal, # 12 Exhibit 12 − Under Seal, # 13 Exhibit 13, # 14 Exhibit 14, #
15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18 − Under
Seal, # 19 Exhibit 19, # 20 Exhibit 20 − Under Seal, # 21 Exhibit 21, # 22
Exhibit 22, # 23 Exhibit 23)(Ragsdale, Barry) (Entered: 09/23/2016)
09/26/2016
776
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2016 through August
31, 2016 in this matter relating solely to services provided to the Plaintiffs,
and totaling $46,000.00. Signed by Judge R David Proctor on 9/26/2016.
(AVC) (Entered: 09/26/2016)
09/26/2016
777
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2016 through August
31, 2016 in this matter as it relates to services rendered for both sides of the
167
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 167 of 509
case, and totaling $7,000.00. Signed by Judge R David Proctor on 9/26/2016.
(AVC) (Entered: 09/26/2016)
09/26/2016
778
Subscriber Plaintiffs' Supplemental Memorandum to Unseal the Carden and
Ostlund Depositions. (Ragsdale, Barry) (Entered: 09/26/2016)
09/27/2016
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 9/27/2016. (Court Reporter Leah Turner.) (KLL)
(Entered: 09/27/2016)
09/28/2016
779
TEXT ORDER. At the request of the parties, the Discovery Status
Conference previously set for September 28, 2016, (doc. 748 ) is
CANCELLED. Signed by Magistrate Judge T Michael Putnam on September
28, 2016. (AMP) (Entered: 09/28/2016)
10/03/2016
780
Transcript of Proceedings held on 9/27/2016, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/24/2016. Redacted Transcript Deadline set for 11/3/2016.
Release of Transcript Restriction set for 1/1/2017. (AVC) (Entered:
10/03/2016)
10/06/2016
781
ORDER −The Clerk is directed to unseal the documents and/or exhibits to
the Provider Plaintiffs' Memorandum of Law in Opposition to NASCO and
CHP's Motion for Summary Judgment 689 as set out. The court recognizes
that Defendants NASCO and CHP's Motion for Summary 658 was filed
before this court's most recent sealing procedures went into effect. However,
the court ORDERS that, by 10/14/2016, any party seeking to maintain the
seal on these exhibits filed under seal in connection with the motion for
summary judgment 659 SHALL provide the court with a justification for
maintaining the documents under seal. Signed by Judge R David Proctor on
10/6/2016. (AVC) (Entered: 10/06/2016)
10/06/2016
782
Subscriber Plaintiff's MOTION to Set a Schedule for Briefing of Their
Objections to Discovery Order 33 by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel. (Attachments: # 1 Text of Proposed Order)(Ragsdale, Barry)
(Entered: 10/06/2016)
10/07/2016
783
TEXT ORDER−This matter is before the court on Subscriber Plaintiff's
Motion to Set a Schedule for Briefing of Their Objections to Discovery Order
33. 782 While the parties are encouraged to continue efforts to reach a
mutually agreeable resolution of this issue, BCBSAL SHALL respond to the
Motion 782 on or before October 7, 2016. Signed by Judge R David Proctor
on 10/7/2016. (AVC) (Entered: 10/07/2016)
10/07/2016
784
168
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 168 of 509
NOTICE of Filing Revised Redacted Exhibit to Motion for Summary
Judgment by Defendants' Counsel. (Attachments: # 1 Exhibit 1 − Revised
Redacted Transcript)(Zott, David) (Entered: 10/07/2016)
10/07/2016
785
TEXT ORDER−This matter is before the court on an informal request by
BCBSAL to extend the deadline to respond to Subscriber Plaintiff's Motion
to Set a Schedule for Briefing of Their Objections to Discovery Order 33 782
. The request is GRANTED. BCBSAL SHALL respond to the Motion 782
on or before October 10, 2016. Signed by Judge R David Proctor on
10/7/2016. (AVC) (Entered: 10/07/2016)
10/10/2016
786
RESPONSE 782 Subscriber Plaintiff's Motion to Set a Schedule for Briefing
of Their Objections to Discovery Order 33 filed by Defendants' Counsel.
(Burkhalter, Carl) (Entered: 10/10/2016)
10/10/2016
787
JOINT STATUS REPORT Regarding Amended Scheduling Order by
Defendants' Counsel. (Hoover, Craig) (Entered: 10/10/2016)
10/11/2016
788
Joint MOTION to Correct Response to Motion to Set Briefing Schedule on
Rule 72 Objections to Discovery Order No.33 by Defendants' Counsel.
(Burkhalter, Carl) (Entered: 10/11/2016)
10/11/2016
789
TEXT ORDER−This matter is before the court on Subscriber Plaintiff's
Motion to Set a Schedule for Briefing of Their Objections to Discovery Order
33. 782 In light of the recently−filed Joint Motion to Amend/Correct
Response to Motion to Set Briefing Schedule on Rule 72 Objections to
Discovery Order No.33 788 , it is ORDERED as follows: Subscriber
Plaintiff's Motion to Set a Schedule for Briefing of Their Objections to
Discovery Order 33 782 is GRANTED IN PART. The Joint Motion to
Amend/Correct Response to Motion to Set Briefing Schedule on Rule 72
Objections to Discovery Order No.33 788 is GRANTED. BCBS−ALs
response to Subscriber Plaintiffs Rule 72 Objections to Discovery Order No.
33 is due on or before October 17, 2016 at 5:00 P.M. CDT. Any reply is
due on or before October 21, 2016. Signed by Judge R David Proctor on
10/11/2016. (AVC) (Entered: 10/11/2016)
10/12/2016
790
ORDER −This matter is before the court on the October 7, 2016 Seal Team
Reports from Subscriber Plaintiffs and from Defendants. In light of the
matters contained within those reports, the Clerk is directed to unseal the
documents as set out. Signed by Judge R David Proctor on 10/12/2016.
(AVC) (Entered: 10/12/2016)
10/13/2016
791
ORDER−re: Joint Seal Team Report. The Clerk is DIRECTED to unseal the
documents as set out. Signed by Judge R David Proctor on 10/13/2016.
(AVC) (Entered: 10/13/2016)
10/17/2016
792
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Wednesday, November 2, 2016, at 1:00 PM in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL, before
Magistrate Judge T Michael Putnam. Court reporter to be present. Any
written submissions are governed by subsection II.D.2. of Discovery Order
No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on
October 17, 2016. (AMP) (Entered: 10/17/2016)
10/17/2016
793
169
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 169 of 509
RESPONSE to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order
No. 33 filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2
B)(Burkhalter, Carl) (Entered: 10/17/2016)
10/17/2016
794
Subscriber Plaintiffs' MOTION To Add Court Filings to Clerk's Docket by
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 10/17/2016)
10/18/2016
795
ORDER REGARDING DEFENDANTS' OBJECTION TO DISCOVERY
ORDER NO. 26 −re: 663 . The Dft's Objections are OVERRULED with one
exception. In an effort to promote judicial economy and overall efficiency,
the procedures adopted in Discovery Order 26, as modified 641 and 713 are
FURTHER MODIFIED as set out. Signed by Judge R David Proctor on
10/18/2016. (AVC) (Entered: 10/18/2016)
10/18/2016
796
ORDER UNSEALING OSTLUND AND CARDEN DEPOSITION
TRANSCRIPTS−Subscriber Plaintiffs' Motion to Unseal Alabama
Department of Insurance Deposition Transcript 719 is GRANTED. Both the
Ostlund and the Carden depositions will be unsealed. The Clerk is directed to
unseal (doc# 738−58, doc# 773−11, and doc# 773−10). Signed by Judge R
David Proctor on 10/18/2016. (AVC) (Entered: 10/18/2016)
10/19/2016
797
Subscriber Plaintiffs' STATUS REPORT Regarding Privilege Log Issues
With Blue Cross Blue Shield of Alabama and Blue Cross Blue Shield
Association by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale,
Barry) (Entered: 10/19/2016)
10/19/2016
798
Provider Plaintiffs' MOTION to Compel Defendants to Produce Provider
Reimbursement Data by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Whatley, Joe)
(Entered: 10/19/2016)
10/19/2016
799
Provider Plaintiffs' MOTION to Compel NonParties SK&A Information
Services and IMS Health, Inc. and Memorandum in Support by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed
Order)(Whatley, Joe) (Entered: 10/19/2016)
10/19/2016
800
Provider Plaintiffs' MOTION to Compel Nonparty Health Care Cost
Institute, and Memorandum in Support by Plaintiffs' Counsel. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of
Proposed Order)(Whatley, Joe) (Entered: 10/19/2016)
10/19/2016
801
Provider Plaintiffs' MOTION for an Order Compelling Non−Party Insurers to
Produce Certain Documents and Data or Setting a Schedule for Resolution of
the Underlying Issues on an Expedited Basis by Plaintiffs' Counsel.
(Attachments: # 1 Text of Proposed Order)(Whatley, Joe) (Entered:
10/19/2016)
10/20/2016
802
MEMORANDUM OPINION. Signed by Judge R David Proctor on
10/20/2016. (AVC) (Entered: 10/20/2016)
10/20/2016
803
ORDER−re: Motion for Summary Judgment filed by Defendants National
Account Service Company, LLC and Consortium Health Plans, Inc. 658 . For
the reasons stated in the Memorandum Opinion 802 , the Motion for
Summary Judgment is GRANTED. The court will address in subsequent
orders in the appropriate related cases the dismissal of NASCO and CHP
170
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 170 of 509
from those actions and this MDL. Signed by Judge R David Proctor on
10/20/2016. (AVC) (Entered: 10/20/2016)
10/21/2016
804
Subscriber Plaintiffs' REPLY Brief in Support of Rule 72 Objections to
Discovery Order No. 33 filed by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 10/21/2016)
10/21/2016
805
JOINT REPLY Brief in Support of Amended and Restated Motion Based on
the Filed Rate Doctrine for Summary Judgment of the Alabama Subscribers'
Damages Claims and Joint Brief in Opposition to Subscribers' Cross Motion
for Partial Summary Judgment filed by Defendants' Counsel. (Priester,
James) (Entered: 10/21/2016)
10/25/2016
806
Opposed MOTION for an Extension of the Deadline to Respond by
UnitedHealth Group Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of
Proposed Order Proposed Order)(Gray, William) (Entered: 10/25/2016)
10/25/2016
807
JOINT STATUS REPORT Regarding Amended Scheduling Order by
Defendants' Counsel. (Hoover, Craig) (Entered: 10/25/2016)
10/25/2016
808
MOTION for an Extension of the Deadline to Respond by AETNA, Inc..
(Attachments: # 1 Proposed Order)(Wells, H) (Entered: 10/25/2016)
10/25/2016
809
Opposed MOTION for Extension of Deadline to Respond to Provider
Plaintiffs' Motion 801 by Humana Inc.. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Turner, Sara) (Entered:
10/25/2016)
10/26/2016
810
NOTICE of Appearance by Daniel R Walworth on behalf of SK&A
Information Services, Inc., Quintiles IMS Incorporated, f/k/a IMS Health
Incorporated (Walworth, Daniel) (Entered: 10/26/2016)
10/26/2016
811
Consent MOTION of Non−Parties SK&A Information Services Inc. and
Quintiles IMS Incorporated for an Extension of the Deadline to Respond by
Quintiles IMS Incorporated, f/k/a IMS Health Incorporated, SK&A
Information Services, Inc. (Attachments: # 1 Text of Proposed
Order)(Walworth, Daniel) (Entered: 10/26/2016)
10/26/2016
812
ORDER −re: Motions to Compel non−parties to respond to subpoenas 799 ,
800 , 801 . Responses by the non−parties are due by 11/14/2016. The
provider plaintiffs may file a reply by 11/18/2016. The motions for extension
of time to respond to the motions to compel 806 , 808 , 809 , 811 are
GRANTED IN PART and DENIED IN PART. All non−parties addressed in
the provider plaintiffs' motions to compel are ORDERED to adhere to the
briefing scheduled as set out. Signed by Magistrate Judge T Michael Putnam
on 10/26/2016. (AVC) (Entered: 10/26/2016)
10/27/2016
813
ORDER −The Motion Subscriber Plaitniffs' Motion to Add Court Filings to
the Clerk's Docket 794 is GRANTED, and Subscriber Plaintiffs are
DIRECTED to file the documents reference in their Motion on the docket.
Any further justification of a filing under seal SHALL be filed on the court
docket rather than e−mailed to chambers. Signed by Judge R David Proctor
on 10/27/2016. (AVC) (Entered: 10/27/2016)
10/28/2016
814
171
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 171 of 509
MOTION for Limited Admission by Humana Inc.. (Attachments: # 1 t
Exhibit A, # 2 Exhibit B)(Turner, Sara) (Entered: 10/28/2016)
10/28/2016
815
ORDER REGARDING SUBSCRIBER PLAINTIFFS' OBJECTION
TODISCOVERY ORDER NO. 33−Subsciriber Plaintiffs' Rule 72 Objections
to Discovery Order No. 33 763 are OVERRULED as set out. Signed by
Judge R David Proctor on 10/28/2016. (AVC) (Entered: 10/28/2016)
10/28/2016
816
RESPONSE to 797 Subscriber Plaintiffs' Status Report Regarding Privilege
Logs filed by Defendants' Counsel. (Zott, David) (Entered: 10/28/2016)
10/28/2016
817
STATEMENT of Position Regarding Plaintiffs' Motions to Compel filed by
Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Campbell,
Andrew) (Entered: 10/28/2016)
10/28/2016
818
RESPONSE to 797 Subscriber Plaintiffs' Status Report Regarding Privilege
Logs filed by Defendants' Counsel. (Burkhalter, Carl) (Entered: 10/28/2016)
10/28/2016
819
Opposition to 798 Provider Plaintiffs' Motion to Compel Production of
Provider Reimbursement Data filed by California Physicians' Service, Inc.
d/b/a Blue Shield of California. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9
Exhibit)(Fronk, Casey) (Entered: 10/28/2016)
10/28/2016
820
Provider Plaintiffs' NOTICE Regarding Motion to Compel Production of
Provider Reimbursement Data by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 10/28/2016)
10/28/2016
821
RESPONSE to 798 Provider Plaintiffs' Motion to Compel Production of
Provider Reimbursement Data filed by Defendants' Counsel. (Arizmendi,
Sylvia) (Entered: 10/28/2016)
10/31/2016
822
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
823
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
824
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A, # 2 Exhibit A to Attachment A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
825
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
826
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A, # 2 Exhibit A to Attachment A, # 3 Exhibit B to Attachment A, # 4
Exhibit C to Attachment A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
827
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
828
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
10/31/2016
829
NOTICE of Filing by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
172
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 172 of 509
10/31/2016
830
NOTICE of Filing by Plaintiffs' Liaison Counsel (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 10/31/2016)
11/01/2016
831
Provider Plaintiffs' Supplemental Notice of Withdrawal of Motion to Compel
Production of Provider Reimbursement Data by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 11/01/2016)
11/02/2016
832
DISCOVERY ORDER No. 34. Signed by Magistrate Judge T Michael
Putnam on 11/2/2016. (AVC) (Entered: 11/02/2016)
11/02/2016
833
DISCOVERY ORDER No. 35. Signed by Magistrate Judge T Michael
Putnam on 11/2/2016. (AVC) (Entered: 11/02/2016)
11/02/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 11/2/2016. (Court Reporter
Sabrina Lewis.) (ASL) (Entered: 11/02/2016)
11/02/2016
834
TEXT ORDER withdrawing 798 Motion to Compel. Provider Plaintiffs have
withdrawn this motion as to all defendants. (Docs. 820, 831). Signed by
Magistrate Judge T Michael Putnam on November 2, 2016. (AMP) (Entered:
11/02/2016)
11/04/2016
835
Subscriber Plaintiffs' (1)Consolidated Reply Memorandum of Law in
Support of Their Cross−Motion for Partial Summary Judgment and (2)
Submission of Summary Report of BCBSAL's Rate−Filing Illegality filed by
Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 11/04/2016)
11/08/2016
836
MOTION for Clarification of Discovery Order No. 34 by Health Care
Authority of the City of Huntsville. (Knox, George) (Entered: 11/08/2016)
11/08/2016
837
NOTICE of Change of Firm Affiliation by Plaintiffs' Counsel. (Clemon, U)
(Entered: 11/08/2016)
11/08/2016
838
(Corrected) Subscriber Plaintiffs' (1) Consolidated Reply Memorandum of
Law in Support of Their Cross−Motion for Partial Summary Judgment and
(2) Submission of Summary Report of BCBSAL's Rate−Filing Illegality filed
by Plaintiffs' Liaison Counsel (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 11/08/2016)
11/11/2016
839
JOINT SURREPLY Brief in Opposition to Subscriber Plaintiffs' Cross
Motion for Partial Summary Judgment filed by Defendants' Counsel.
(Attachments: # 1 Attachment A)(Priester, James) (Entered: 11/11/2016)
11/14/2016
840
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Wednesday, November 30, 2016, at 9:00 a.m. in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam. Court reporter to be present. Any
written submissions are governed by subsection II.D.2 of Discovery Order
No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on
November 14, 2016. (AMP) (Entered: 11/14/2016)
11/14/2016
841
ORDER−At the request of the parties, the briefing schedule issued by the
court on October 26, 2016 812 is AMENDED: Responses by non−parties to
the provider plaintiffs' motions to compel are due by 11/17/2016. Reply
briefs, if any, by the provider plaintiffs are due by 11/23/2016. Any oral
173
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 173 of 509
argument on the motions will be heard at the Discovery Status Conference set
for Wednesday, 11/30/2016. Signed by Magistrate Judge T Michael Putnam
on 11/14/2016. (AVC) (Entered: 11/14/2016)
11/14/2016
842
MOTION for Leave to Appear Pro Hac Vice of Joshua Lipton by AETNA,
Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wells, H)
(Entered: 11/14/2016)
11/14/2016
PHV Fee paid: $ 50, receipt number 1126−2738149. (Wells, H) (Entered:
11/14/2016)
11/14/2016
843
Subscriber Plaintiffs' Motion to Amend the Subscriber Track Consolidated
Class Action Complaint by Plaintiffs' Counsel. (Attachments: # 1 Proposed
Second Amended Consolidated Class Action Complaint)(Guin, David)
(Entered: 11/14/2016)
11/16/2016
844
Provider Plaintiffs' NOTICE of Withdrawal of their Motion to Compel
Nonparties SK&A Information Services, Inc. and IMS Health, Inc., to
Produce Documents Without Prejudice 799 by Plaintiffs' Counsel.(Whatley,
Joe) (Entered: 11/16/2016)
11/16/2016
845
RULE 72 Objection to Discovery Order No. 34 832 by Defendants' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Campbell,
Andrew) (Entered: 11/16/2016)
11/16/2016
846
MOTION to Compel Production of Documents from Non−Alabama Named
Provider Plaintiffs by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit
K)(Hoover, Craig) (Entered: 11/16/2016)
11/16/2016
847
MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to
Produce Documents by Plaintiffs' Liaison Counsel. (Attachments: # 1 Text of
Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, #
6 Exhibit E)(Ragsdale, Barry) (Entered: 11/16/2016)
11/16/2016
848
Subscriber Plaintiffs' MOTION to Compel Defendants' Production of
Non−claims Structured Data by Plaintiffs' Liaison Counsel. (Attachments: #
1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit
C)(Ragsdale, Barry) (Entered: 11/16/2016)
11/16/2016
849
Subscriber Plaintiffs' MOTION to Compel Defendants' Production of
Structured Data by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
11/16/2016)
11/16/2016
850
STATUS REPORT Regarding Plaintiffs Productions by Defendants'
Counsel. (Zott, David) (Entered: 11/16/2016)
11/16/2016
851
OBJECTION and Appeal of Discovery Order No. 34 832 by Grandview
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Mays, Joseph)
(Entered: 11/16/2016)
11/16/2016
852
OBJECTION and Appeal of Discovery Order 34 832 by Andrews Sports
Medicine and Orthopaedic Center, LLC.(Wilson, Benjamin) (Entered:
11/16/2016)
174
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 174 of 509
11/17/2016
853
0BJECTION and APPEAL of Discovery Order No. 34 832 by Health Care
Authority of the City of Huntsville, Russellville Hospital, Inc. (Knox,
George) (Entered: 11/17/2016)
11/17/2016
854
REPORT Regarding Proposed Agenda for Status Conference and Hearing on
November 29, 2016 by Special Master. (Gentle, Edgar) (Entered:
11/17/2016)
11/17/2016
855
TEXT ORDER−The court is in receipt of a number of objections to
Discovery Order No. 34. Interested parties are directed to confer and, on or
before November 22, 2016, file with the court of a joint proposed briefing
schedule on the objections. Signed by Judge R David Proctor on 11/17/2016.
(AVC) (Entered: 11/17/2016)
11/17/2016
856
RESPONSE of Non−Party in Opposition to 801 Provider Plaintiffs' Motion
to Compel filed by Humana Inc. (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)(Turner, Sara) (Entered: 11/17/2016)
11/17/2016
857
Non−Party Opposition to 801 Provider Plaintiffs' Motion to Compel
Production of Certain Documents and Data filed by AETNA, Inc.
(Attachments: # 1 Affidavit Declaration of Joshua Lipton, # 2 Exhibit A, # 3
Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8
Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Wells, H) (Entered:
11/17/2016)
11/17/2016
858
Non−Party RESPONSE to 801 Provider Plaintiffs' Motion to Compel filed
by UnitedHealth Group Incorporated. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12
Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Gray, William) (Entered:
11/17/2016)
11/17/2016
859
Non−Party Objection to 800 Provider Plaintiffs' Motion to Compel filed by
Health Care Cost Institute, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Mays, Joseph) (Entered: 11/17/2016)
11/17/2016
860
NOTICE of Appearance by Christopher W Weller on behalf of CIGNA
Health and Life Insurance Company (Weller, Christopher) (Entered:
11/17/2016)
11/17/2016
861
MOTION for Admission Pro Hac Vice of Christopher W. Weller by CIGNA
Health and Life Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2)(Weller, Christopher) (Entered: 11/17/2016)
11/17/2016
862
MOTION for Admission Pro Hac Vice Admission of Michelle S. Kallen by
CIGNA Health and Life Insurance Company. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2)(Weller, Christopher) (Entered: 11/17/2016)
11/17/2016
863
Non−Party Opposition to 801 Provider Plaintiffs' Motion for an Order to
Compel filed by CIGNA Health and Life Insurance Company. (Attachments:
# 1 List of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4,
# 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Weller,
Christopher) (Entered: 11/17/2016)
11/21/2016
864
175
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 175 of 509
NOTICE of Change of Address by Michael J. Fleming (Fleming, Michael)
(Entered: 11/21/2016)
11/22/2016
865
NOTICE of Appearance by Erik F Benny on behalf of Defendants' Counsel
(Benny, Erik) (Entered: 11/22/2016)
11/22/2016
866
MOTION to Stay Discovery Deadlines in Discovery Order No. 34 by Health
Care Authority of the City of Huntsville, Russellville Hospital, Inc.. (Kelly,
Jeffrey) (Entered: 11/22/2016)
11/22/2016
867
JOINDER in 866 Motion to Stay Discovery Deadlines in Discovery Order 34
filed by Grandview Medical Center. (Mays, Joseph) (Entered: 11/22/2016)
11/22/2016
868
RESPONSE to 836 Motion for Clarification of Discovery Order No. 34 filed
by Blue Cross Blue Shield of Michigan. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Campbell, Andrew) (Entered:
11/22/2016)
11/22/2016
869
TEXT ORDER −This matter is before the court on Subscriber Plaintiffs'
Motion to Amend the Subscriber Track Consolidated Class Action
Complaint. 843 The Motion 843 is GRANTED. Subscriber Plaintiffs are
directed to file the proposed Subscriber Track Consolidated Class Action
Complaint with the Clerk of the Court. Signed by Judge R David Proctor on
11/22/2016. (AVC) (Entered: 11/22/2016)
11/22/2016
870
Joint Proposed Briefing Schedule for the Rule 72 Appeals of Discovery
Order No. 34 by Blue Cross Blue Shield of Michigan. (Attachments: # 1 Text
of Proposed Order)(Campbell, Andrew) (Entered: 11/22/2016)
11/22/2016
871
JOINDER in 866 Motion to Stay Discovery Deadlines Set Forth in Discovery
Order No. 34 filed by Andrews Sports Medicine and Orthopaedic Center,
LLC. (Wilson, Benjamin) (Entered: 11/22/2016)
11/23/2016
872
JOINDER in 866 Motion to Stay Discovery Deadlines in Discovery Order
No. 34 filed by John B. Waits. (Brown, W) (Entered: 11/23/2016)
11/23/2016
873
TEXT ORDER −This matter is before the court on the Interested Parties'
Joint Proposed Briefing Schedule. 870 The request for the proposed Briefing
Schedule 870 is GRANTED. The parties submitting the Joint Proposed
Briefing Schedule shall file any response briefs on or before December 7,
2016. Reply briefs shall be filed on or before December 14, 2016. Signed by
Judge R David Proctor on 11/23/2016. (AVC) (Entered: 11/23/2016)
11/23/2016
874
Subscriber Plaintiff's Notice Regarding Motion to Compel Defendants'
Production of Non−claims Structured Data by Plaintiffs' Counsel. (Ragsdale,
Barry) (Entered: 11/23/2016)
11/23/2016
875
Provider Plaintiffs' REPLY in Support of their 801 Motion to Compel
Non−Party Insurers to Produce Certain Documents and Data filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 11/23/2016)
11/23/2016
876
Provider Plaintiffs' REPLY in Support of their 800 Motion to Compel Health
Care Cost Institute, Inc. filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered:
11/23/2016)
11/28/2016
877
176
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 176 of 509
Subscriber Plaintiffs' NOTICE Regarding Motion to Compel Defendants'
Production of Non−Claims Structured Data by Plaintiffs' Counsel. (Ragsdale,
Barry) (Entered: 11/28/2016)
11/28/2016
878
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT,
for payment for services rendered and expenses incurred from September 1,
2016 through October 31, 2016 in this matter relating solely to services
provided to the Plaintiffs, and totaling $53,000.00. Signed by Judge R David
Proctor on 11/28/2016. (AVC) (Entered: 11/28/2016)
11/28/2016
879
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT,
for payment for services rendered and expenses incurred from September 1,
2016 through October 31, 2016 in this matter as it relates to services rendered
for both sides of the case, and totaling $5,000.00. Signed by Judge R David
Proctor on 11/28/2016. (AVC) (Entered: 11/28/2016)
11/28/2016
880
Subscriber Plaintiffs' Response to Defendants' Status Report Regarding
Plaintiffs' Productions by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
(Entered: 11/28/2016)
11/28/2016
881
Supplemental Statement of Position regarding Plaintiffs' Motions to Compel
filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Campbell, Andrew) (Entered: 11/28/2016)
11/28/2016
882
BCBSAL's RESPONSE to 847 Plaintiffs' Motion to Compel Unstructured
and Structured Data filed by Defendants' Counsel. (Attachments: # 1 Exhibit
A)(Burkhalter, Carl) (Entered: 11/28/2016)
11/29/2016
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 11/29/2016. (Court Reporter Leah Turner.) (KLL)
(Entered: 11/29/2016)
11/30/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference held on 11/30/2016; discovery status updates;
arguments by counsel on motions docs 847 , 849 , 800 , 801 ; hrg adj. (Court
Reporter Teresa Roberson.) (ASL) (Entered: 11/30/2016)
11/30/2016
883
OBJECTIONS AND MOTION to Quash Subpoenas by Health Care
Authority of the City of Huntsville. (Kelly, Jeffrey) (Entered: 11/30/2016)
11/30/2016
884
OBJECTIONS AND MOTION to Quash Subpoenas by Russellville
Hospital, Inc. (Kelly, Jeffrey) (Entered: 11/30/2016)
11/30/2016
885
OBJECTION to and Motion to Quash Subpoena Issued by Provider Plaintiffs
by Grandview Medical Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C, # 4 Exhibit D)(Mays, Joseph) (Entered: 11/30/2016)
11/30/2016
886
OBJECTION and MOTION to Quash Provider Plaintiff Subpoenas by
Andrews Sports Medicine and Orthopaedic Center, LLC. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wilson, Benjamin)
(Entered: 11/30/2016)
12/01/2016
887
DISCOVERY ORDER No. 36. (See Text Order doc# 889) Signed by
Magistrate Judge T Michael Putnam on 12/1/2016. (AVC) (Entered:
12/01/2016)
177
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 177 of 509
12/01/2016
888
TEXT ORDER−The court has been made aware that the parties might like
the opportunity for supplemental briefing on the Filed Rate Motions. To the
extent the parties wish to submit additional briefing on the Filed Rate
Motions, any such briefing shall be submitted simultaneously on or before
Thursday, December 8, 2016, and shall be limited to ten pages. Signed by
Judge R David Proctor on 12/1/2016. (AVC) (Entered: 12/01/2016)
12/02/2016
889
TEXT ORDER re 887 Discovery Order No. 35. This Order was erroneously
filed as Discovery Order No. 35. Document 887 is the 36th discovery order
and will hereinafter be referred to as Discovery Order No. 36. Signed by
Magistrate Judge T Michael Putnam on December 2, 2016. (AMP) (Entered:
12/02/2016)
12/02/2016
890
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Monday, December 19, 2016, at 2:00 PM in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on December 2,
2016. (AMP) (Entered: 12/02/2016)
12/02/2016
891
ORDER−In light of the pending Rule 72 appeal of Discovery Order No. 34[
832], the Motion for Clarification 836 is DENIED. The Motion to Stay
Discovery Deadlines in Discovery Order No. 34 866 , along the Joinders
[567, 571 , 872 IS GRANTED IN PART. All deadlines set out in Discovery
Order No. 34 are STAYED for a period of 30 days. Signed by Magistrate
Judge T Michael Putnam on 12/2/2016. (AVC) (Entered: 12/02/2016)
12/02/2016
892
ORDER − re: Motion to Compel Defendant Blue Cross Blue Shield of
Alabama to Produce Documents 847 and Motion to Compel Defendants'
Production of Structured Data 849 . The parties are DIRECTED to meet and
confer and file with the court a joint status report (or, if the parties cannot
agree, separate reports may be filed) concerning the status of the motions no
later than 12/15/2016. Signed by Magistrate Judge T Michael Putnam on
12/2/2016. (AVC) (Entered: 12/02/2016)
12/02/2016
893
ORDER −Pursuant to discussion at the Discovery Conference held on
November 30, 2016, Provider Plaintiffs' Motion to Compel Nonparties
SK&A Information Services, Inc., and IMS Health, Inc. 799 and Subscriber
Plaintiffs' Motion to Compel Defendants' Production of Non−Claims
Structured Data. 848 , are WITHDRAWN. Signed by Magistrate Judge T
Michael Putnam on 2/2/2016. (AVC) (Entered: 12/02/2016)
12/02/2016
894
Subscriber Plaintiffs' Notice of Correction Regarding Narrowed Discovery
Requested from Third Party Insurance Companies by Plaintiffs' Counsel.
(Ragsdale, Barry) (Entered: 12/02/2016)
12/05/2016
895
TEXT ORDER−The court's September 13, 2016 order, 757 , setting the
Economics Day status conference is AMENDED as follows: the status
conference is SET for 9:00 a.m. (CST) on December 20, 2016 in CR 8.
Signed by Judge R David Proctor on 12/5/2016. (AVC) (Entered:
12/05/2016)
12/06/2016
896
Transcript of Proceedings held on 11/30/2016, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson, Telephone number
178
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 178 of 509
(205) 492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/27/2016. Redacted Transcript Deadline set for 1/6/2017.
Release of Transcript Restriction set for 3/6/2017. (Attachments: # 1
certification page) (AVC) (Entered: 12/06/2016)
12/07/2016
897
Subscriber Track Second AMENDED Consolidated Class Action Complaint
against All Defendants, filed by Plaintiffs' Counsel.(Guin, David) (Entered:
12/07/2016)
12/07/2016
898
CONSOLIDATED Response to the Objecting Providers' Rule 72 Objections
filed by Defendants' Counsel. (Campbell, Andrew) (Entered: 12/07/2016)
12/07/2016
899
Non−Party RESPONSE to 845 Defendants' Rule 72 Objection to Discovery
Order No. 34 filed by Health Care Authority of the City of Huntsville,
Russellville Hospital, Inc.. (Kelly, Jeffrey) (Entered: 12/07/2016)
12/07/2016
900
RESPONSE to 845 Defendants' Appeal of Discovery Order No. 34 filed by
John B. Waits. (Brown, W) (Entered: 12/07/2016)
12/07/2016
901
BRIEF in Support of its Appeal and Objection to Discovery Order No. 34
and in Response to Defendants' Appeal and Objection to Discovery Order
No. 34 filed by Grandview Medical Center. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Mays, Joseph)
(Entered: 12/07/2016)
12/07/2016
902
RESPONSE on Non−Party to 845 Defendants' Rule 72 Objection to
Discovery Order No. 34 filed by Andrews Sports Medicine and Orthopaedic
Center, LLC. (Wilson, Benjamin) (Entered: 12/07/2016)
12/08/2016
903
Subscriber Plaintiffs' Post−Hearing Brief on the Filed Rate Doctrine by
Plaintiffs' Counsel. (Ragsdale, Barry) (Entered: 12/08/2016)
12/08/2016
904
Defendants' Supplemental Brief in Support of Their Amended and Restated
Motion on the Filed Rate Doctrine for Summary Judgment on the Alabama
Subscribers' Damages Claims and in Opposition to Subscribers' Cross Motion
for Partial Summary Judgment on filed by Defendants' Counsel.
(Attachments: # 1 Exhibit)(Hoover, Craig) (Entered: 12/08/2016)
12/09/2016
905
Transcript of Proceedings held on 11/29/2016, before Judge R. David
Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
179
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 179 of 509
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/30/2016. Redacted Transcript Deadline set for 1/9/2017.
Release of Transcript Restriction set for 3/9/2017. (AVC) (Entered:
12/09/2016)
12/09/2016
906
ORDER REGARDING ECONOMICS DAY. Signed by Judge R David
Proctor on 12/9/2016. (AVC) (Entered: 12/09/2016)
12/09/2016
907
MOTION for an Order to Show Cause by Plaintiffs' Counsel. (Attachments:
# 1 Ex−A, # 2 Ex−B)(Whatley, Joe) (Entered: 12/09/2016)
12/14/2016
908
REPLY in Support of Objections to and Appeal of Discovery Order No. 34
filed by Health Care Authority of the City of Huntsville, Russellville
Hospital, Inc. (Kelly, Jeffrey) (Entered: 12/14/2016)
12/14/2016
909
Provider Plaintiffs' NOTICE Regarding Motions to Quash Their Subpoenas
and Request the Motions be Held in Abeyance by Plaintiffs' Counsel.
(Brown, W) (Entered: 12/14/2016)
12/14/2016
910
REPLY Brief in Support of 898 Appeal and Objection to Discovery Order
No. 34 and in Response to Defendants' Appeal and Objection to Discovery
Order No. 34 filed by Grandview Medical Center. (Mays, Joseph) (Entered:
12/14/2016)
12/14/2016
911
Consolidated REPLY in Support of 845 Rule 72 Objection to Discovery
Order No. 34 filed by Defendants' Counsel. (Campbell, Andrew) (Entered:
12/14/2016)
12/14/2016
912
MOTION to Strike 901 Grandview Medical Center's Brief in Support of Its
Appeal and Objection to Discovery Order No. 34 by Defendants' Counsel.
(Campbell, Andrew) (Entered: 12/14/2016)
12/14/2016
913
RESPONSE to 846 Motion to Compel Production of Documents from
Non−Alabama Named Provider Plaintiffs filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Whatley, Joe) (Entered: 12/14/2016)
12/15/2016
914
Unopposed MOTION to Enlarge the Time for Responding to the Amended
Complaints by Defendants' Counsel. (Hoover, Craig) (Entered: 12/15/2016)
12/15/2016
915
TEXT ORDER− This matter is before the court on the parties' Unopposed
Motion to Enlarge the Time for Responding to the Amended Complaints in
the prioritized proceedings. 914 The Motion 914 is GRANTED. It is
ORDERED as follows: On or before January 17, 2017, any motions to
dismiss under Rule 12(b)(6) as well as motions to dismiss based on lack of
personal jurisdiction and improper venue SHALL be filed; and on or before
January 31, 2017 any answers to the amended complaints SHALL be filed.
With respect to any Rule 12(b)(6) motions to dismiss filed on January 17,
plaintiffs will have 30 days to file opposition briefs. Reply briefs will be due
within 15 days. Any defendants that have preserved their jurisdictional
defenses under the Stipulated Order dated September 9, 2016, continue to
preserve such defenses. Signed by Judge R David Proctor on 12/15/2016.
180
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 180 of 509
(AVC) (Entered: 12/15/2016)
12/15/2016
916
JOINT STATUS REPORT on Non−Party Insurers Productions by Plaintiffs'
Counsel. (Sheehan, Patrick) (Entered: 12/15/2016)
12/15/2016
917
JOINT STATUS REPORT Regarding Plaintiffs' Motions To Compel
Defendant Blue Cross Blue Shield Of Alabama To Produce Unstructured
And Structured Data by Defendants' Counsel. (Malatesta, John) (Entered:
12/15/2016)
12/16/2016
918
STATUS REPORT for December 19, 2016 Discovery Conference by
Defendants' Counsel. (Attachments: # 1 Exhibit 1)(Hoover, Craig) (Entered:
12/16/2016)
12/16/2016
919
RESPONSE to Provider Plaintiffs' Motion for an Order to Show Cause filed
by Defendants' Counsel. (Attachments: # 1 Exhibit A − 11/11/2016 Letter
from Whatley to Bush)(Cottrell, Christa) (Entered: 12/16/2016)
12/16/2016
920
***WITHDRAWN, pursuant to Order 967 *** Subscriber Plaintiffs'
Motion to Quash Third Party Subpoenas by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Text of Proposed Order)(Ragsdale, Barry) Modified on
1/31/2017 (AVC). (Entered: 12/16/2016)
12/16/2016
921
Provider Plaintiffs' STATUS REPORT by Plaintiffs' Counsel. (Attachments:
# 1 Ex 1, # 2 Ex 2, # 3 Ex 3, # 4 Ex 4, # 5 Ex 5, # 6 Ex 6)(Whatley, Joe)
(Entered: 12/16/2016)
12/16/2016
922
Subscriber Plaintiffs' Status Report for the December 19, 2016 Conference by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2)(Jones, Megan) (Entered: 12/16/2016)
12/19/2016
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 12/19/2016. (Court Reporter
Margaret Wasmund.) (ASL) (Entered: 12/19/2016)
12/20/2016
923
RESPONSE in Opposition re 912 MOTION to Strike 901 Response in
Opposition to Motion, Grandview Medical Center's Brief in Support of its
Appeal and objection to Discovery Order No. 34 filed by Grandview Medical
Center. (Mays, Joseph) (Entered: 12/20/2016)
12/21/2016
924
RESPONSE to Discovery Request from Blue Cross Blue Shield Association
by Sutter Health, Inc..(Sowatzka, Adam) (Entered: 12/21/2016)
12/21/2016
925
MEMORANDUM OPINION. Signed by Judge R David Proctor on
12/21/2016. (KAM, ) (Entered: 12/21/2016)
12/21/2016
926
ORDER in accordance with the memo opn entered contemporaneously, This
case is before the court on five Motions to Dismiss (e.g., Docs. # 208, 210,
211, 212, 213, Case No. 2:12−cv−02169−RDP), based on personal
jurisdiction and venue defenses, that have been filed in four pending
Alabama actions; these Motions to Dismiss are DENIED. The court will
address the denial of these Motions to Dismiss in subsequent orders in the
appropriate related cas. Signed by Judge R David Proctor on 12/21/2016.
(KAM, ) (Entered: 12/21/2016)
181
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 181 of 509
12/22/2016
927
ORDER denying 907 Motion for Order to Show Cause with regard to the
dfts' intention to subpoena providers outside the state of Alabama. Signed by
Magistrate Judge T Michael Putnam on 12/22/2016. (KAM, ) (Entered:
12/22/2016)
12/27/2016
928
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (Doc.
229) shall be held on Tuesday, January 24, 2017, at 9:00 AM in
COURTROOM 3B of the Hugo L Black US Courthouse, Birmingham, AL
before Magistrate Judge T Michael Putnam. Court reporter to be present.
Caucuses to follow. Parties are directed to file, jointly to the extent
possible, proposed discovery deadlines no later than Wednesday,
January 18, 2017. All other written submissions shall be governed by
subsection II.D.2 of Discovery Order No. 1, as amended, unless otherwise
ordered by the court. Signed by Magistrate Judge T Michael Putnam on
December 27, 2016. (AMP, ) (Entered: 12/27/2016)
12/27/2016
929
REPLY Brief filed by Defendant Defendants' Counsel re: 912 MOTION to
Strike 901 Response in Opposition to Motion, Grandview Medical Center's
Brief in Support of its Appeal and objection to Discovery Order No. 34 filed
by Defendants' Counsel. (Campbell, Andrew) (Entered: 12/27/2016)
12/28/2016
930
TEXT ORDER. A Special Discovery Status Conference is SET for Monday,
January 9, 2017, at 2:00 PM in COURTROOM 3B of the Hugo L Black US
Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam.
Signed by Magistrate Judge T Michael Putnam on December 28, 2016.
(AMP) (Entered: 12/28/2016)
12/29/2016
931
MOTION to Extend Stay of Discovery Order Deadlines in Discovery Order
No. 34 by Grandview Medical Center. (Mays, Joseph) (Entered: 12/29/2016)
12/30/2016
932
JOINDER in Motion to Extend Stay of Discovery Deadlines in Discovery
Order No. 34 MOTION by Health Care Authority of the City of Huntsville,
Russellville Hospital, Inc. (Kelly, Jeffrey) (Entered: 12/30/2016)
12/30/2016
933
TEXT ORDER −This matter is before the court on Grandview Medical
Center's Motion to Extend Stay of Discovery Deadlines in Discovery Order
No. 34. 931 The Motion 931 is GRANTED. The deadlines in Discovery
Order No. 34 are STAYED pending a ruling on the appeals of that order. The
court will address the deadlines in any ruling on the appeals. Signed by Judge
R David Proctor on 12/30/2016. (AVC) (Entered: 12/30/2016)
01/03/2017
934
Transcript of Proceedings held on December 19, 2016, before Judge T.
Michael Putnam. Court Reporter/Transcriber Margaret Wasmund, Telephone
number 601−329−6113. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/24/2017. Redacted Transcript Deadline set for 2/3/2017.
182
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 182 of 509
Release of Transcript Restriction set for 4/3/2017. (MRR, ) (Entered:
01/03/2017)
01/03/2017
935
TEXT ORDER re 920 Subscriber Plaintiffs' Motion to Quash Third Party
Subpoenas, and 924 Non−Party Sutter Health, Inc.'s Objections to Subpoena
Duces Tecum and Subpoena for Rule 30(B)(6) Deposition. Any response to
the motions is due no later than January 13, 2017. Any reply by the movants
is due no later than January 20, 2017. Argument of the motions will be heard
at the Discovery Conference set for Tuesday, January 24, 2017, by Order 928
dated December 27, 2016. Signed by Magistrate Judge T Michael Putnam on
January 3, 2017. (AMP, ) (Entered: 01/03/2017)
01/03/2017
936
TEXT ORDER re 935 Order Setting Deadlines. The Order is WITHDRAWN
as it relates to 924 Non−Party Sutter Health, Inc.'s Objections to Subpoena
Duces Tecum and Subpoena for Rule 30(B)(6) Deposition. Signed by
Magistrate Judge T Michael Putnam on January 3, 2017. (AMP) (Entered:
01/03/2017)
01/04/2017
937
STATUS REPORT Regarding Plaintiffs' Motions to Compel Defendant Blue
Cross Blue Shield of Alabama to Produce Unstructured and Structured Data
by Defendants' Counsel. (Malatesta, John) (Entered: 01/04/2017)
01/05/2017
938
TEXT ORDER−This matter is before the court on the Motion of Certain
Defendants for Certification Under 28 U.S.C. § 1292(B) which was filed in
the four pending Alabama actions ((1) Conway, et al., v. Blue Cross & Blue
Shield of Alabama, et al., Case No. 2:12−cv−02169−RDP (N.D. Ala.); (2)
American Electric Motor Services, Inc., et al., v. Blue Cross Blue Shield of
Alabama, et al., Case No. 2:12−cv−02532−RDP (N.D. Ala.); (3) Pettus
Plumbing & Piping, Inc. v. Blue Cross Blue Shield of Alabama, et al., Case
No. 3:16−cv−00297−RDP (N.D. Ala.); and (4) Pearce, Bevill, Leesburg,
Moore, P.C. v. Blue Cross Blue Shield of Alabama, et al., Case No.
2:16−cv−00464−RDP (N.D. Ala.)). A status conference to discuss the
Motions is SET in Courtroom 7A immediately following the Special
Discovery Status Conference before Judge Putnam on Monday, January 9,
2017. Signed by Judge R David Proctor on 1/5/2017. (AVC) (Entered:
01/05/2017)
01/05/2017
939
STATUS REPORT Regarding Motion to Compel Defendant Blue Cross Blue
Shield of Alabama to Produce Unstructured Data by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 01/05/2017)
01/09/2017
940
Blue Cross Blue Shield of Alabama's REPLY to 939 Plaintiffs' Status Report
Regarding Motion to Compel filed by Defendants' Counsel. (Malatesta, John)
(Entered: 01/09/2017)
01/09/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 1/9/2017 re 847 849 MOTIONS; arguments
by counsel; court's remarks; order to be entered; hrg adj (Court Reporter Julie
Martin.) (ASL) (Entered: 01/09/2017)
01/10/2017
941
POST−HEARING Submission of Amended Proposed Order Granting
Plaintiffs' Motion to Compel Blue Cross Blue Shield of Alabama to Produce
Unstructured Data. (Attachments: # 1 Text of Proposed Order)(Ragsdale,
Barry) (Entered: 01/10/2017)
183
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 183 of 509
01/11/2017
942
Unopposed MOTION to Stay Deadlines for Responding to the Amended
Complaints by Defendants' Counsel. (Hoover, Craig) (Entered: 01/11/2017)
01/11/2017
943
DISCOVERY ORDER No. 37−The Motion to Compel 847 is GRANTED.
Signed by Magistrate Judge T Michael Putnam on 1/11/2017. (AVC)
(Entered: 01/11/2017)
01/12/2017
944
ORDER−re: Unopposed Motion to Stay Deadlines for Responding to the
Amended Complaints 942 . The Motion is GRANTED. It is hereby
ORDERED that all deadlines set forth in the court's December 15 Order 915
are STAYED. Signed by Judge R David Proctor on 1/12/2017. (AVC)
(Entered: 01/12/2017)
01/12/2017
945
MOTION to Compel Anthem to Produce Documents Related to the
Anthem−Cigna Merger Litigation by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J)(Whatley, Joe) (Entered: 01/12/2017)
01/13/2017
946
RESPONSE to 920 Motion to Quash Subpoenas to Proposed Class Members
Redacted filed by Defendants' Counsel. (Attachments: # 1 Exhibit A − Email
Compilation re Subpoenas, # 2 Exhibit F − 6/9/2016 Letter from Cottrell to
Ragsdale, # 3 Exhibit G − 6/14/2016 Letter from Ragsdale to
Cottrell)(Cottrell, Christa) (Entered: 01/13/2017)
01/13/2017
947
MOTION to Maintain the Seal on its Response to Plaintiffs' Motion to Quash
Subpoenas to Proposed Class Members by Defendants' Counsel. (Cottrell,
Christa) (Entered: 01/13/2017)
01/17/2017
948
TEXT ORDER−This matter is SET for a telephone conference at 9:00 a.m.
Central time on Tuesday, January 31, 2017, to discuss Economics Day
part 2. The Special Master will provide a call in number for the conference.
Signed by Judge R David Proctor on 1/17/2017. (AVC) (Entered:
01/17/2017)
01/17/2017
949
JOINT STATUS REPORT on Non−Party Insurers Productions by Plaintiffs'
Counsel. (Sheehan, Patrick) (Entered: 01/17/2017)
01/17/2017
950
STATUS REPORT of Third−Party Managed Care Companies filed by
AETNA, Inc. (Wells, H) (Entered: 01/17/2017)
01/18/2017
951
***Document Sealed −Response to Plaintiff's Motion to Quash Subpoenas to
Proposed Class Members. (AVC) (Entered: 01/18/2017)
01/18/2017
952
MOTION for Clarification of Discovery Order No. 37 by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 01/18/2017)
01/19/2017
953
JOINT STATUS REPORT Regarding Schedule by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Ragsdale, Barry) (Entered: 01/19/2017)
01/19/2017
954
STATUS REPORT for January 24, 2017 Discovery Conference by
Defendants' Counsel. (Attachments: # 1 Exhibit 1)(Hoover, Craig) (Entered:
01/19/2017)
01/20/2017
955
184
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 184 of 509
ORDER REGARDING OBJECTIONS TO DISCOVERY ORDER NO. 34−
Nothing in Discovery Order No. 34 is either clearly erroneous or contrary to
law. Dfts' Rule 72 Objection to Discovery Order No. 34 845 is
OVERRULED IN PART AND SUSTAINED IN PART. The non−party
targets' Objections to Discovery Order No. 34 851 − 853 are OVERRULED
as not properly presented to the court. Dfts' Motion to Strike Grandview
Medical Center's Brief in Support of its Appeal and Objection to Discovery
Order No. 34 912 is DENIED. Signed by Judge R David Proctor on
1/20/2017. (AVC) (Entered: 01/20/2017)
01/20/2017
956
Opposition to 945 Plaintiff's Motion to Compel Anthem to Produce
Documents Related to the Anthem−Cigna Merger Litigation filed by
Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hoover,
Craig) (Entered: 01/20/2017)
01/20/2017
957
Provider Plaintiffs' Response to 950 Status Report of Third−Party Managed
Care Companies filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
A)(Sheehan, Patrick) (Entered: 01/20/2017)
01/20/2017
958
Subscriber Plaintiffs' Reply Regarding 920 Motion to Quash Absent Class
Member Subpoenas filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
(Entered: 01/20/2017)
01/23/2017
959
MOTION to Amend Scheduling Order by Plaintiffs' Counsel. (Attachments:
# 1 Text of Proposed Order)(Whatley, Joe) (Entered: 01/23/2017)
01/24/2017
960
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2016 through
December 31, 2016 in this matter as it relates to services rendered for both
sides of the case, and totaling $10,000.00. Signed by Judge R David Proctor
on 1/24/2017. (AVC) (Entered: 01/24/2017)
01/24/2017
961
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2016 through
December 31, 2016 in this matter relating solely to services provided to the
Plaintiffs, and totaling $50,800.00. Signed by Judge R David Proctor on
1/24/2017. (AVC) (Entered: 01/24/2017)
01/24/2017
962
NOTICE of Change of Address by Charles C Hunter (Hunter, Charles)
(Entered: 01/24/2017)
01/24/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 1/24/2017; Motions 849 , 801 ,
846 , 920 , 945 , 952 ; arguments by counsel; discovery status updates; hrg
adj. (Court Reporter Lindy Fuller.) (ASL) (Entered: 01/24/2017)
01/24/2017
963
NOTICE of Supplemental Authority in Support of 945 Plaintiffs' Motion to
Compel Anthem to Produce Documents Related to the Anthem−Cigna
Merger Litigation by Plaintiffs' Liaison Counsel.(Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 01/24/2017)
01/25/2017
964
RESPONSE to 963 Plaintiffs' Notice of Supplemental Authority in Support
of Plaintiffs' Motion to Compel Anthem to Produce Documents Related to
the Anthem−Cigna Merger Litigation filed by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit 1)(Hoover, Craig) (Entered: 01/25/2017)
185
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 185 of 509
01/30/2017
965
Certain Defendants' Opposition to 959 Motion to Amend Scheduling Order
filed by Defendants' Counsel. (Sooy, Kathleen) (Entered: 01/30/2017)
01/30/2017
966
Transcript of Proceedings held on 1/24/2017, before Magistrate Judge T.
Michael Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone
number (205) 527−2958. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/20/2017. Redacted Transcript Deadline set for 3/2/2017.
Release of Transcript Restriction set for 4/30/2017. (AVC) (Entered:
01/30/2017)
01/31/2017
967
ORDER −Pursuant to the discussion at the Discovery Conference held on
1/24/2017, Subscriber Pltfs' Motion to Quash Third Party Subpoenas 920 is
WITHDRAWN as set out in the Subscriber Pltfs' Reply Regarding Motion
to Quash Absent Class Member Subpoenas 958 . Signed by Magistrate Judge
T Michael Putnam on 1/31/2017. (AVC) (Entered: 01/31/2017)
01/31/2017
968
DISCOVERY ORDER No. 38− Signed by Magistrate Judge T Michael
Putnam on 1/31/2017. (AVC) (Entered: 01/31/2017)
01/31/2017
969
DISCOVERY ORDER No. 39−The Motion to Compel Production of
Documents from Non−Alabama Names Provider Plaintiffs 846 is
GRANTED, and the provider plaintiffs are ORDERED to produce to the
defendants unstructured and structured data by 3/1/2017. Signed by
Magistrate Judge T Michael Putnam on 1/31/2017. (AVC) (Entered:
01/31/2017)
01/31/2017
970
DISCOVERY ORDER No. 40−The Motion to Compel Anthem to Produce
Documents Related to the Anthem−Cigna Merger Litigation 945 is
GRANTED insofar as Anthem is ORDERED to produce the documents set
out. Production is to be made by 2/20/2017. In all other respects, the motion
is DENIED. Signed by Magistrate Judge T Michael Putnam on 1/31/2017.
(AVC) (Entered: 01/31/2017)
01/31/2017
971
DISCOVERY ORDER No. 41−re: Motion for Clarification of Discovery
Order No. 37 952 . Blue Cross Blue Shield of Alabama is ORDERED to
produce responsive documents from the sample set that are retrieved by
search strings with a responsive rate of greater than 0% but less than 4%.
Production of the documents shall be made by 2/24/2017. Signed by
Magistrate Judge T Michael Putnam on 1/31/2017. (AVC) (Entered:
01/31/2017)
01/31/2017
972
DISCOVERY ORDER No. 42−The deadline for discovery in both the
Multidistrict Litigation and the streamlined action is extended to 9/25/2017.
Any remaining deadlines for filing will be set by the district judge. Signed by
Magistrate Judge T Michael Putnam on 1/31/2017. (AVC) (Entered:
186
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 186 of 509
01/31/2017)
02/01/2017
973
MOTION to Compel Defendant Blue Cross Blue Shield of Alabama to
Produce Eddie Harris for Deposition and for an Order Setting Parameters for
Discovery Scheduling by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, #
2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe) (Entered:
02/01/2017)
02/03/2017
974
Transcript of Proceedings held on 1/31/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner, Telephone number (256)
656−8239. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017.
Release of Transcript Restriction set for 5/4/2017. (AVC) (Entered:
02/03/2017)
02/03/2017
975
CORRECTED Transcript of Proceedings held on 1/31/2017, before Judge R.
David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone
number (256) 656−8239. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/24/2017. Redacted Transcript Deadline set for 3/6/2017.
Release of Transcript Restriction set for 5/4/2017. (AVC) (Entered:
02/03/2017)
02/06/2017
976
REPLY in Support of 959 Motion to Amend Scheduling Order filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 02/06/2017)
02/06/2017
977
Provider Plaintiff's STATUS REPORT by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 02/06/2017)
02/07/2017
978
TEXT ORDER re 973 MOTION to Compel Defendant Blue Cross Blue
Shield of Alabama to Produce Eddie Harris for Deposition and for an Order
Setting Parameters for Discovery Scheduling filed by Plaintiffs' Counsel.
Any response to the motion by Blue Cross Blue Shield of Alabama is due by
February 10, 2017. Signed by Magistrate Judge T Michael Putnam on
February 7, 2017. (AMP) (Entered: 02/07/2017)
02/07/2017
979
187
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 187 of 509
Defendants' MOTION to Remove the Seal on their 946 Response to
Plaintiffs' Motion to Quash Subpoenas to Proposed Class Members by
Defendants' Counsel. (Cottrell, Christa) (Entered: 02/07/2017)
02/07/2017
980
MOTION to Withdraw as Attorney by Quintiles IMS Incorporated, f/k/a IMS
Health Incorporated, SK&A Information Services, Inc.. (Attachments: # 1
Text of Proposed Order)(Walworth, Daniel) (Entered: 02/07/2017)
02/08/2017
981
TEXT ORDER−This matter is before the court on Defendants' Motion to
Remove the Seal on their Response to Plaintiffs' Motion to Quash Subpoenas
to Proposed Class Members. 979 The Motion 979 is GRANTED. The Clerk
of the Court is directed to UNSEAL the unredacted version of Defendants'
Response to Plaintiffs' Motion to Quash Subpoenas to Proposed Class
Members. 951 In light of Defendant's Motion 979 , its earlier Motion to
Maintain the Seal 947 is MOOT. Signed by Judge R David Proctor on
2/8/2017. (AVC) (Entered: 02/08/2017)
02/08/2017
982
TEXT ORDER−This matter is before the Court on Non−parties SK&A
Information Services, Inc. and Quintiles IMS Incorporated, f/k/a IMS Health
Incorporateds Motion for Leave to Withdraw Appearance. 980 The Motion
980 is GRANTED. The Clerk of Court is directed to terminate Non−parties
SK&A Information Services, Inc. and Quintiles IMS Incorporated, f/k/a IMS
Health Incorporated, as well as attorney Daniel R. Walworth. Signed by
Judge R David Proctor on 2/8/2017. (AVC) (Entered: 02/08/2017)
02/08/2017
983
MOTION for Extension of Time to Produce Non−Alabama Named Provider
Plaintiffs' Discovery by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Whatley, Joe) (Entered: 02/08/2017)
02/09/2017
984
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Tuesday, February 28, 2017, at 1:00 PM in Courtroom
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on February 9,
2017. (AMP) (Entered: 02/09/2017)
02/09/2017
985
TEXT ORDER re 983 MOTION for Extension of Time to Produce
Non−Alabama Named Provider Plaintiffs' Discovery. The defendants have
until February 15, 2017, to notify the court whether the motion is opposed.
Signed by Magistrate Judge T Michael Putnam on February 9, 2017. (AMP)
(Entered: 02/09/2017)
02/10/2017
986
ORDER SETTING STATUS MARCH CONFERENCE for 3/24/2017 at
09:00a.m., in Courtroom 7A of the Hugo L Black US Courthouse. By
3/20/2017, the parties SHALL submit a joint report containing a proposed
agenda of items the parties wish to be addressed during the status conference.
The Special Master will provide a call in number for the conference. Signed
by Judge R David Proctor on 2/10/2017. (AVC) (Entered: 02/10/2017)
02/10/2017
987
RESPONSE 977 Plaintiffs' Status Report filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A − 10/21/2016 Brown Letter to Salomon, # 2
Exhibit B − 2/6/2017 Brown Letter to Salomon)(Cottrell, Christa) (Entered:
02/10/2017)
188
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02/10/2017
988
RESPONSE to 973 Motion to Compel Production of Eddie Harris for
Deposition and for an Order Setting Parameters for Discovery Scheduling
filed by Defendants' Counsel. (Burkhalter, Carl) (Entered: 02/10/2017)
02/13/2017
989
SECOND AMENDED SCHEDULING ORDER−It is ORDERED that the
schedule SHALL apply to the prioritized proceedings in American Electric
Motor Services Inc. v. Blue Cross and Blue Shield of Alabama et al., Conway
v. Blue Cross and Blue Shield of Alabama et al., and Pettus Plumbing &
Piping, Inc., v. Blue Cross Blue Shield of Alabama et al. as set out. Pltf's
Motion to Amend Scheduling Order 959 is GRANTED. Signed by Judge R
David Proctor on 2/13/2017. (AVC) (Entered: 02/13/2017)
02/14/2017
990
MEMORANDUM OPINION. Signed by Judge R David Proctor on
2/14/2017. (AVC) (Entered: 02/14/2017)
02/14/2017
991
DISCOVERY ORDER No. 43−Motion to Compel Defendant Blue Cross and
Blue Shield of Alabama to Produce Eddie Harris for Deposition and for an
Order Setting Parameters for Discovery Scheduling 973 is GRANTED. Blue
Cross Blue Shield of Alabama is DIRECTED to produce all remaining
documents related to Eddie Harris no later than 2/16/2017, and to make Mr.
Harris available to sit for a deposition on 3/2/2017. Signed by Magistrate
Judge T Michael Putnam on 2/14/2017. (AVC) (Entered: 02/14/2017)
02/14/2017
992
RESPONSE to 983 Provider Plaintiffs' Motion for Extension of Time to
Produce Non−Alabama Provider Plaintiffs' Discovery filed by Defendants'
Counsel. (Zott, David) (Entered: 02/14/2017)
02/15/2017
993
ORDER AMENDING DISCOVERY ORDER No. 39−re: Motion for
Extension of Time to Produce Non−Alabama Named Provider Plaintiffs'
Discovery 983 . Discovery Order No. 39 is AMENDED: The provider pltfs
are ORDERED to produce to the dfts unstructured and structured data
requested from the non−Alabama named provider pltfs by 3/29/2017. The
provider pltfs also are ORDERED to provide proposed custodians and search
terms to the dfts by 2/22/2017. Signed by Magistrate Judge T Michael
Putnam on 2/15/2017. (AVC) (Entered: 02/15/2017)
02/16/2017
994
ORDER− re: Objections and Motions to Quash Subpoenas 883 , 884 , 885 ,
886 . The provider plaintiffs and non−party movants are DIRECTED to file
with the court, by 2/24/2017, briefs addressing why the subpoenas issued by
the provider plaintiffs require a different ruling than what already was
adjudicated in Discovery Order No. 34 832 and Judge Proctor's Order
Regarding Objections to Discovery Order No. 34 955 . Oral argument on this
issue and the motions will be heard at the Discovery Status Conference set
for 2/28/2017 at 1:00p.m. Signed by Magistrate Judge T Michael Putnam on
2/16/2017. (AVC) (Entered: 02/16/2017)
02/17/2017
995
Provider Plaintiffs' Status Report on Non−Party Insurers' Productions by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E)(Sheehan, Patrick) (Entered: 02/17/2017)
02/17/2017
996
***Document Sealed −Motion to Compel Production of Documents and Data
from Third−Party National Insurers. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8 Part 1, # 9 Exhibit 8 Part 2, # 10 Exhibit 8 Part 3, # 11 Exhibit 8
Part 4, # 12 Exhibit 8 Part 5, # 13 Exhibit 8 Part 6, # 14 Exhibit 8 Part 7, # 15
189
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 189 of 509
Exhibit 8 Part 8, # 16 Exhibit 8 Part 9, # 17 Exhibit 8 Part 10, # 18 Exhibit 8
Part 11, # 19 Exhibit 9, # 20 Exhibit 10) (AVC) (Entered: 02/21/2017)
02/23/2017
997
MEMORANDUM OPINION. Signed by Judge R David Proctor on
2/23/2017. (JLC) (Entered: 02/23/2017)
02/23/2017
998
ORDER GRANTING 733 AMENDED and RESTATED MOTION Based on
Filed Rate Doctrine for Summary Judgment on the Alabama Subscribers'
Damages Claims to the extent that the money damages claims of Plaintiffs
CB Roofing, Inc. and American Electric Motor Service, Inc. against all
Defendants are DISMISSED WITH PREJUDICE. In all other respects, the
733 Motion is DENIED, GRANTING 770 Cross MOTION for Partial
Summary Judgment to the extent that the Filed Rate affirmative defense is
UNAVAILABLE as a defense to the claims of any Subscriber Plaintiff who
paid a rate that varied upward from the filed rate. In all other respects, the
770 Motion is DENIED in accordance with the 997 Memorandum Opinion
entered contemporaneously herewith. Signed by Judge R David Proctor on
2/23/2017. (JLC) (Entered: 02/23/2017)
02/23/2017
999
ORDER UNSEALING CERTAIN DOCUMENTS; The Clerk of the Court is
hereby directed to unseal the following documents and/or exhibits as set out
herein: Document 685−2, Document 685−3, Document 729−1, Document
729−2, Document 729−7, Document 729−8, Document 729−9, Document
738, Documents 738−2 through Document 738−87, Document 771, and
Documents 773−1 through 773−12. Signed by Judge R David Proctor on
2/23/2017. (JLC) (Entered: 02/23/2017)
02/24/2017
1000
RESPONSE to 994 Order Regarding Non−Party Subpoenas Issued by
Provider Plaintiffs filed by Health Care Authority of the City of Huntsville,
Russellville Hospital, Inc.. (Kelly, Jeffrey) (Entered: 02/24/2017)
02/24/2017
1001
JOINT Opposition to 996 Motion to Compel and Joint Response to 995
Provider Plaintiffs' Status Report filed by AETNA, Inc., CIGNA Health and
Life Insurance Company, Humana Inc., UnitedHealth Group Incorporated.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J)(Wells, H) (Entered: 02/24/2017)
02/24/2017
1002
SUBMISSION in Response to 994 the Court's Order filed by Grandview
Medical Center. (Mays, Joseph) (Entered: 02/24/2017)
02/24/2017
1003
MOTION to Compel Production of Documents and Data from Third−Party
National Insurers by Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Supplement Letter Brief)(Campbell, Andrew) (Entered:
02/24/2017)
02/24/2017
1004
RESPONSE to Order Regarding Non−Party Subpoenas Issued by Provider
Plaintiffs by Andrews Sports Medicine and Orthopaedic Center, LLC.
(Wilson, Benjamin) (Entered: 02/24/2017)
02/24/2017
1005
Subscriber Plaintiffs' Position Paper Regarding Status of Discovery Requests
From Third Party Insurers by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry) (Entered:
02/24/2017)
190
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02/24/2017
1006
Provider Plaintiffs' RESPONSE to 994 the Court's February 16, 2017 Order
Regarding Non−Party Subpoenas filed by Plaintiffs' Counsel. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe)
(Entered: 02/24/2017)
02/27/2017
1007
Subscriber Plaintiffs' STATUS REPORT by Plaintiffs' Liaison Counsel.
(Ragsdale, Barry) (Entered: 02/27/2017)
02/27/2017
1008
Blue Cross Blue Shield of Alabama STATUS REPORT by Defendants'
Counsel. (Malatesta, John) (Entered: 02/27/2017)
02/28/2017
1009
Statement Regarding the Objecting Non−Party Alabama Providers'
Responses to Provider Plaintiffs' Subpoenas filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit
I)(Campbell, Andrew) (Entered: 02/28/2017)
02/28/2017
1010
***Document Sealed−Supplemental Filing in Support of Defendants' Motion
to Compel Production of Documents and Data from Third−Party National
Insurers. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D) (AVC) (Entered: 02/28/2017)
02/28/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 2/28/2017. (Court Reporter
Sabrina Lewis) (ASL) (Entered: 02/28/2017)
03/01/2017
1011
ORDER−The Motions to Quash Subpoenas 883 , 884 , 885 , 886 are MOOT
without prejudice to the movant's ability to refile the motions, should
attempts to reach an agreement fail. Signed by Magistrate Judge T Michael
Putnam on 3/1/2017. (AVC) (Entered: 03/01/2017)
03/01/2017
1012
ORDER AMENDING DISCOVERY ORDER No. 42−The deadline for
discovery in the streamlined action is extended to 9/25/2017. Signed by
Magistrate Judge T Michael Putnam on 3/1/2017. (AVC) (Entered:
03/01/2017)
03/01/2017
1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Text of Proposed Order)(Ragsdale, Barry) (Entered: 03/01/2017)
03/03/2017
1014
TEXT ORDER re 1013 Subscriber Plaintiffs' Motion to Compel Production
of Explanatory Information Accompanying Structured Data filed by
Plaintiffs' Liaison Counsel. Any response to the motion is due no later than
March 10, 2017. Signed by Magistrate Judge T Michael Putnam on March 3,
2017. (AMP) (Entered: 03/03/2017)
03/03/2017
1015
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Friday, March 24, 2017, at 1:00 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on March 3, 2017.
(AMP) (Entered: 03/03/2017)
03/07/2017
1016
191
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 191 of 509
NOTICE (Letter) by Defendants' Counsel re 1010 Document Sealed
Justification (Campbell, Andrew) Modified on 3/9/2017 (KAM, ). (Entered:
03/07/2017)
03/08/2017
1017
TEXT ORDER−This matter is before the court on Defendants' Notice 1016
that document number 1010 and the exhibits thereto need not be sealed. The
clerk of the court is directed to UNSEAL document number 1010 and the
exhibits thereto. 1010 [1010−1] [1010−2] [1010−3] [1010−4]. Signed by
Judge R David Proctor on 3/8/2017. (AVC) (Entered: 03/08/2017)
03/08/2017
1018
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/08/2017)
03/09/2017
1019
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/09/2017)
03/09/2017
1020
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/09/2017)
03/09/2017
1021
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/09/2017)
03/09/2017
1022
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/09/2017)
03/10/2017
1023
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/10/2017)
03/10/2017
1024
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/10/2017)
03/10/2017
1025
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1013
Subscriber Plaintiffs' Motion to Compel Production of Explanatory
Information Accompanying Structured Data (Ragsdale, Barry) (Entered:
03/10/2017)
03/10/2017
1026
RESPONSE in Opposition re 1013 Subscriber Plaintiffs' Motion to Compel
Production of Explanatory Information Accompanying Structured Data (as to
Hogan Lovells plans) filed by Defendants' Counsel. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hoover,
Craig) (Entered: 03/10/2017)
192
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 192 of 509
03/13/2017
1027
TEXT ORDER re 1013 Subscriber Plaintiffs' Motion to Compel Production
of Explanatory Information Accompanying Structured Data. (Doc. 1013).
After reviewing the defendants' production, plaintiffs are directed to update
their motion to specify what explanatory information remains to be produced.
The plaintiffs' update shall be filed no later than noon on Wednesday, March
22, 2017. The Hogan Lovells Defendants may respond to the plaintiffs'
update no later than noon on March 24, 2017. Oral argument on the updated
motion will be heard at the Discovery Conference set for Friday, March 24,
2017. Signed by Magistrate Judge T Michael Putnam on March 13, 2017.
(AMP, ) (Entered: 03/13/2017)
03/13/2017
1028
MOTION to Compel the Provision of Supplemental Search Term Proposals
by Defendants' Counsel. (Attachments: # 1 Exhibit A)(Hoover, Craig)
(Entered: 03/13/2017)
03/14/2017
1029
MOTION for Extension of Time for BlueCross BlueShield of Tennessee to
Produce Non−Claims Structured Data by Defendants' Counsel. (Miller,
Margot) (Entered: 03/14/2017)
03/14/2017
1030
MOTION for Extension of Time for the Production of Non−Claims
Structured Data by Defendants' Counsel. (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)(Briggs, John) (Entered: 03/14/2017)
03/14/2017
1031
First MOTION for Extension of Time to Substantially Complete Production
of Non−Claims Structured Data (as to Hogan Lovells Plans and BCBS−MI)
by Defendants' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8, # 9 Exhibit 9)(Hoover, Craig) (Entered: 03/14/2017)
03/15/2017
1032
TEXT ORDER. This matter is before the court on three motions to extend
Judge Proctor's March 15, 2017 deadline to substantially complete
production of non−claims structured data. 1029 1030 1031 . The parties
SHALL continue their efforts to reach an agreement as to an extended
deadline. On or before March 22, 2017, Plaintiffs SHALL file a report
summarizing their position on the Motions, or a report on any agreement if
one has been reached by that time. The parties also should be prepared to
provide a report to the court on this issue at Judge Putnam's March 24, 2017
discovery conference. Signed by Magistrate Judge T Michael Putnam on
March 15, 2017. (AMP, ) (Entered: 03/15/2017)
03/15/2017
1033
MOTION for Extension of Time to Substantially Produce Non−Claims
Structured Data by California Physicians' Services by Defendants' Counsel.
(Fronk, Casey) (Entered: 03/15/2017)
03/15/2017
1034
MOTION for Extension of Time to Substantially Produce Non−Claims
Structured Data (as to USAble Mutual Insurance Company, d/b/a Arkansas
Blue Cross and Blue Shield) by Defendants' Counsel. (Naranjo, Michael)
(Entered: 03/15/2017)
03/16/2017
1035
TEXT ORDER re 1033 MOTION for Extension of Time, and 1034
MOTION for Extension of Time. The parties are notified that these motions
also are subject to the instructions set out in the Text Order dated March 15,
2017 1032 . Signed by Magistrate Judge T Michael Putnam on March 16,
2017. (AMP) (Entered: 03/16/2017)
193
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03/21/2017
1036
NOTICE by Defendants' Counsel re 1028 MOTION to Compel the Provision
of Supplemental Search Term Proposals (Attachments: # 1 Text of Proposed
Order)(Hoover, Craig) (Entered: 03/21/2017)
03/21/2017
1037
Transcript of Proceedings held on 1/9/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Julie A. Martin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/11/2017. Redacted Transcript Deadline set for 4/21/2017.
Release of Transcript Restriction set for 6/19/2017. (KAM, ) (Entered:
03/21/2017)
03/21/2017
1038
Transcript of Proceedings held on 2/28/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number
205−278−2065. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/11/2017. Redacted Transcript Deadline set for 4/21/2017.
Release of Transcript Restriction set for 6/19/2017. (JLC) (Entered:
03/21/2017)
03/21/2017
1039
ORDER SETTING INTERIM DEADLINE FOR THE PROVISIONOF
SUPPLEMENTAL SEARCH TERM PROPOSALS−re: Motion to Compel
the Provision of Supplemental Search Term Proposals 1028 . It is ORDERED
that Section 7 of the Second Amended Discovery Order is AMENDED as set
out. Signed by Judge R David Proctor on 3/21/2017. (AVC) (Entered:
03/21/2017)
03/22/2017
1040
DISCOVERY ORDER No. 44. Signed by Magistrate Judge T Michael
Putnam on 3/22/2017. (AVC) (Entered: 03/22/2017)
03/22/2017
1041
Subscriber Plaintiffs' Update Regarding Motion to Compel Production of
Explanatory Information Accompanying Structured Data by Plaintiffs'
Liaison Counsel. (Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered:
03/22/2017)
03/22/2017
1042
STATUS REPORT Defendants Status Report Regarding Non−Party
Alabama Provider Discovery by Defendants' Counsel. filed by Defendants'
Counsel (Attachments: # 1 Exhibit Stenerson to Kelly re BCBSM Subpoena
to Huntsville, # 2 Exhibit Stenerson to Kelly re BCBSM Subpoena to
194
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 194 of 509
Russellville, # 3 Exhibit Stenerson to Kelly re BCBSM Subpoena to
Grandview, # 4 Exhibit Stenerson to Kelly re BCBSM Subpoena to Andrews,
# 5 Exhibit Stenerson to Kelly re BCBSM Subpoena to Dr. Waits, # 6 Exhibit
Brown to Stenerson re Waits Costs, # 7 Exhibit Kelly to Stenerson re
Huntsville Costs, # 8 Exhibit Kelly to Stenerson re Russellville Costs, # 9
Exhibit Mays to Stenerson re Grandview Costs, # 10 Exhibit Stenerson to
Kelly re Huntsville Invoice, # 11 Exhibit Stenerson to Kelly re Russellville
Invoice, # 12 Exhibit Stenerson to Mays re Grandview Invoice, # 13 Exhibit
Stenerson to Brown re Waits & Cahaba Invoice, # 14 Exhibit Stenerson to
Wilson re Andrews Production Status)(Campbell, Andrew) (Entered:
03/22/2017)
03/22/2017
1043
ORDER APPROVING SPEICAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from January 1, 2017
through February 28, 2017 in this matter as it relates to services rendered for
both sides of the case, and totaling $11,000.00. Signed by Judge R David
Proctor on 3/22/2017. (KAM) (Entered: 03/22/2017)
03/22/2017
1044
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENTfor
services rendered and expenses incurred from January 1, 2017 through
February 28, 2017 in this matter relating solely to services provided to the
Plaintiffs, and totaling $65,600.00. Signed by Judge R David Proctor on
3/22/2017. (KAM) (Entered: 03/22/2017)
03/22/2017
1045
STATUS REPORT Regarding Subscriber Plaintiffs' Position on Defendants'
Motions to Extend the Time to Substantially Produce Non−Claims Structured
Data by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel
(Attachments: # 1 Text of Proposed Order)(Ragsdale, Barry) (Entered:
03/22/2017)
03/23/2017
1046
Subscriber Plaintiffs' MOTION for Reconsideration of 998 Order Regarding
Filed Rate Summary Judgment Motions by Plaintiffs' Liaison Counsel.
(Ragsdale, Barry) (Entered: 03/23/2017)
03/24/2017
1047
RESPONSE to Subscribers' Status Report on Production of Explanatory
Information filed by Defendants' Counsel. (Attachments: # 1 Exhibit
1)(Kimble, Cavender) (Entered: 03/24/2017)
03/24/2017
1048
RESPONSE to 1042 Status Report Regarding Non−Party Alabama Provider
Discovery filed by Grandview Medical Center. (Attachments: # 1 Exhibit A,
# 2 Exhibit B)(Mays, Joseph) (Entered: 03/24/2017)
03/24/2017
1049
ORDER SETTING APRIL STATUS CONFERENCE − Status Conference
set for 4/21/2017 09:00 AM before Judge R David Proctor. On or before
Friday, April 14, 2017, the parties SHALL submit a joint report containing a
proposed agenda of items the parties wish to be addressed during the status
conference.The Special Master will provide a call in number for the
conference.. Signed by Judge R David Proctor on 3/24/2017. (KAM, )
(Entered: 03/24/2017)
03/24/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 3/24/2017. (Court Reporter
Sabrina Lewis) (ASL) (Entered: 03/24/2017)
03/27/2017
1050
195
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 195 of 509
DISCOVERY ORDER No. 45−Motion to Compel Production 1013 is
GRANTED IN PART and DENIED IN PART as set out. The Motions for
Extension of Time 1029 , 1030 , 1031 , 1033 , and 1034 are GRANTED.
Signed by Magistrate Judge T Michael Putnam on 3/27/2017. (AVC)
(Entered: 03/27/2017)
03/29/2017
1051
MOTION for an Extension of the March 29, 2017 Deadline to Produce
Non−Alabama Named Provider Plaintiffs' Discovery by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 03/29/2017)
04/03/2017
1052
Subscriber Plaintiffs' NOTICE of Supplemental Authority in Advance of
Economics Day II by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C)(Hellums, Christopher) (Entered: 04/03/2017)
04/05/2017
1053
MOTION for Reconsideration of Discovery Order No. 44 1040 or,
Alternatively, to Enlarge the Deadline for Objecting to Such Order by Health
Care Cost Institute, Inc. (Attachments: # 1 Exhibit A)(Mays, Joseph)
(Entered: 04/05/2017)
04/05/2017
1054
MOTION to File Under Seal by Humana Inc.. (Turner, Sara) (Entered:
04/05/2017)
04/05/2017
1055
TEXT ORDER−This matter is before the court on Non−Party Humana Inc.'s
Motion to File Under Seal. 1054 Humana contends the Objection and an
attachment contain proprietary and confidential business information
regarding Humanas technical systems and IT infrastructure. Because it
appears the material sought to be filed under seal relates to a discovery issue,
rather than a merits issue, the Motion 1054 is GRANTED. Humana is
granted leave to file its Rule 72 Objection and the Declaration of Heather
Kolasinsky under seal. Signed by Judge R David Proctor on 4/5/2017. (AVC)
(Entered: 04/05/2017)
04/05/2017
1056
TEXT ORDER−This matter is before the court on Subscriber Plaintiffs'
Motion for Reconsideration of Order Regarding Filed Rate Summary
Judgment Motions. 1046 Defendants' Response to the Motion is due on or
before April 6, 2017. Any Reply by Subscriber Plaintiffs is due on or before
April 12, 2017. Signed by Judge R David Proctor on 4/5/2017. (AVC)
(Entered: 04/05/2017)
04/05/2017
1057
***Document Sealed −Non−Party Humana Inc.'s Rule 72 Objection to
Discovery Order No. 44. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3) (AVC) (Entered: 04/05/2017)
04/05/2017
1058
Defendants' Rule 72 Objection to Discovery Order No. 44 by Defendants'
Counsel. (Attachments: # 1 Exhibit A)(Campbell, Andrew) Modified on
6/28/2017 (KAM, ). (Entered: 04/05/2017)
04/06/2017
1059
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Friday, April 21, 2017, at 1:00 PM in Courtroom 3B of
the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge
T Michael Putnam. Court reporter to be present. Any written submissions are
governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed
by Magistrate Judge T Michael Putnam on April 6, 2017. (AMP) (Entered:
04/06/2017)
196
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 196 of 509
04/06/2017
1060
TEXT ORDER re 1053 MOTION for Reconsideration of Discovery Order
No. 44 1040 or, Alternatively, to Enlarge the Deadline for Objecting to Such
Order filed by Health Care Cost Institute, Inc.. Any response to the motion is
due no later than Tuesday, April 18, 2017. Argument on the motion will be
heard at the Discovery Status Conference set for Friday, April 21, 2017, at
1:00 PM in Courtroom 3B of the Hugo L Black US Courthouse,
Birmingham, AL before Magistrate Judge T Michael Putnam. Signed by
Magistrate Judge T Michael Putnam on April 6, 2017. (AMP) (Entered:
04/06/2017)
04/06/2017
1061
Opposition to 1046 Plaintiffs' MOTION for Reconsideration of Order
Regarding Filed Rate Summary Judgment Motions filed by Defendants'
Counsel. (Hoover, Craig) (Entered: 04/06/2017)
04/07/2017
1062
NOTICE of Filing by Defendants' Counsel (Attachments: # 1 Exhibit
A)(Hoover, Craig) (Entered: 04/07/2017)
04/07/2017
1063
Joint MOTION to Stay Discovery Deadlines in Discovery Order No. 44 by
CIGNA Health and Life Insurance Company. (Weller, Christopher) (Entered:
04/07/2017)
04/07/2017
1064
Provider Plaintiffs' MOTION for Order Directing Provider Plaintiffs and
Subscriber Plaintiffs to Proceed on Separate Tracks for All Discovery
Purposes by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Whatley, Joe) (Entered: 04/07/2017)
04/07/2017
1065
Subscriber Plaintiffs' MOTION Concerning Certain Deposition Time
Limitations by Plaintiffs' Counsel. (Hellums, Christopher) See Discovery
order 46 Modified on 5/11/2017 (KAM, ). (Entered: 04/07/2017)
04/07/2017
1066
MOTION to Clarify Discovery Order No. 45 by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Text of Proposed Order)(Ragsdale, Barry) (Entered:
04/07/2017)
04/12/2017
1067
Subscriber Plaintiffs' REPLY in Support of 1046 Motion for Reconsideration
of Order Regarding Filed Rate Summary Judgment Motions filed by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
04/12/2017)
04/14/2017
1068
REPORT Regarding Proposed Agenda for Status Conference on April 21,
2017 by Special Master. (Gentle, Edgar) (Entered: 04/14/2017)
04/14/2017
1069
TEXT ORDER re 1059 . The Discovery Conference set for Friday, April 21,
2017, will begin immediately following Judge Proctor's April Status
Conference and caucuses. Signed by Magistrate Judge T Michael Putnam on
April 14, 2017. (AMP) (Entered: 04/14/2017)
04/14/2017
1070
MOTION for Leave to File Amend by Plaintiffs' Counsel. (Attachments: # 1
Exhibit Second Amended Class Action Complaint, # 2 Certificate of
Service)(Hatch, Robert) (Entered: 04/14/2017)
04/14/2017
1071
STATUS REPORT Joint Status Report Pursuant to Discovery Order 45 by
Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale,
Barry) (Entered: 04/14/2017)
04/17/2017
1072
197
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 197 of 509
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel Subscriber
Plaintiffs' Notice of Supplemental Authority Regarding the Filed Rate
Summary Judgment Motions (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 04/17/2017)
04/17/2017
1073
NOTICE by Plaintiffs' Counsel re 1051 MOTION for an Extension of the
March 29, 2017 Deadline to Produce Non−Alabama Named Provider
Plaintiffs' Discovery (Attachments: # 1 Text of Proposed Order)(Whatley,
Joe) (Entered: 04/17/2017)
04/17/2017
1074
MOTION to Amend/Correct 897 Amended Complaint with Subscriber
Plaintiffs' Third Amended Consolidated Complaint by Plaintiffs' Counsel.
(Attachments: # 1 REDACTED Amended Complaint)(Guin, David)
(Entered: 04/17/2017)
04/17/2017
1075
NOTICE by Plaintiffs' Counsel Of Filing Under Seal of Complaint
(Attachments: # 1 Exhibit Fourth Amended Provider Complaint, # 2 Exhibit
A to Complaint)(Whatley, Joe) (Entered: 04/17/2017)
04/17/2017
1076
RESPONSE in Opposition re 1063 Joint MOTION to Stay Discovery
Deadlines in Discovery Order No. 44 filed by Defendants' Counsel.
(Campbell, Andrew) (Entered: 04/17/2017)
04/17/2017
1077
TEXT ORDER This matter is before the court on Subscriber Plaintiffs'
Motion for Leave to Amend the Subscriber Track Second Amended
Consolidated Amended Complaint. 1074 The Motion 1074 is GRANTED.
Plaintiffs are directed to file the proposed Third Amended Consolidated Class
Action Complaint with the Clerk of the Court.. Signed by Judge R David
Proctor on 4/17/2017. (KAM) (Entered: 04/17/2017)
04/17/2017
1078
RESPONSE in Opposition re 1053 MOTION for Reconsideration of
Discovery Order No. 44 1040 or, Alternatively, to Enlarge the Deadline for
Objecting to Such Order by Health Care Cost Institute, Inc. FILED UNDER
SEAL filed by Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Campbell, Andrew) (Entered: 04/17/2017)
04/17/2017
1079
RESPONSE to Non−Party Humana Inc.'s Rule 72 Objection to Discovery
Order No. 44 Filed as Dkt 1057 Under Seal filed by Defendants' Counsel.
(Campbell, Andrew) (Entered: 04/17/2017)
04/17/2017
1080
RESPONSE to re 1057 Provider Plaintiffs' Response to Non−Party Humana,
Inc.'s Rule 72 Objection to Discovery Order No. 44 filed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 04/17/2017)
04/17/2017
1081
RESPONSE to re 1063 Provider Plaintiffs' Response to Non−Party Insurers'
Motion to Stay Deadlines in Discovery Order No. 44 filed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 04/17/2017)
04/17/2017
1082
SUBSCRIBER TRACK THIRD AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT (KAM) Document unsealed 4/28/2017, see order
1113 Modified on 5/2/2017 (KAM, ). (Entered: 04/18/2017)
04/17/2017
1084
***Document Sealed − Defendants' response to Non−Party Health Care Cost
Institute Inc's MOTION FOR RECONSIDERATION of Discovery Order
No.44 or, alternatively, to enlarge the deadline for objection to such order
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 04/18/2017)
198
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 198 of 509
04/18/2017
1083
CONSOLIDATED FORTH AMENDED PROVIDER COMPLAINT (this
document relates to 2:12−cv−2532) (KAM, )Unsealed 4/28/2017 see order
1113 Modified on 5/2/2017 (KAM, ). (Entered: 04/18/2017)
04/18/2017
1085
RESPONSE to re 1052 Subscriber Plaintiffs' Notice of Supplemental
Authority filed by Defendants' Counsel. (Zott, David) (Entered: 04/18/2017)
04/18/2017
1086
RESPONSE to re 1065 Subscriber Plaintiffs' Motion Concerning Certain
Deposition Time Limitations filed by Defendants' Counsel. (Attachments: # 1
Exhibit A − In re Anthem Data Breach Litig 12/8/2016 Order)(Zott, David)
(Entered: 04/18/2017)
04/18/2017
1087
RESPONSE to Motion re 1053 MOTION for Reconsideration of Discovery
Order No. 44 1040 or, Alternatively, to Enlarge the Deadline for Objecting to
Such Order by Health Care Cost Institute, Inc. filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 04/18/2017)
04/18/2017
1088
RESPONSE in Opposition re 1064 Provider Plaintiffs' MOTION for Order
Directing Provider Plaintiffs and Subscriber Plaintiffs to Proceed on Separate
Tracks for All Discovery Purposes filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A)(Hoover, Craig) (Entered: 04/18/2017)
04/18/2017
1089
STATUS REPORT by Provider Plaintiffs on Tranche 1 Productions by
Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W) (Entered:
04/18/2017)
04/19/2017
1090
TEXT ORDER−The court's March 24, 2017 Order Setting April Status
Conference 1049 is AMENDED as follows: the status conference is set for
9:00 a.m. (CDT) on April 21, 2017 in CR 8.. Signed by Judge R David
Proctor on 4/19/2017. (KAM) (Entered: 04/19/2017)
04/19/2017
1091
RESPONSE to re 1058 Joint Response by Non−Party Insurers Aetna, Inc.;
UnitedHealthGroup, Incorporated; Humana, Inc.; and Cigna Health and
Life Insurance Company to Defendants Rule 72 Objection to Discovery
Order No. 44 filed by AETNA, Inc.. (Attachments: # 1 Exhibit 1)(Wells, H)
(Entered: 04/19/2017)
04/19/2017
1092
REPLY to Response to Motion re 1063 Joint MOTION to Stay Discovery
Deadlines in Discovery Order No. 44 Joint Reply by Non−Party Insurers
Aetna, Inc.; UnitedHealthGroup, Incorporated; Humana, Inc.; and Cigna
Health and Life Insurance Company in Support of their Joint Motion to Stay
Discovery Deadlines in Discovery Order No. 44 filed by AETNA, Inc..
(Wells, H) (Entered: 04/19/2017)
04/20/2017
1093
STATUS REPORT (PROVIDER PLAINTIFFS' REPORT REGARDING
STATUS CONFERENCE ON APRIL 21, 2017) by Plaintiffs' Counsel. filed
by Plaintiffs' Counsel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
3, # 4 Exhibit 4, # 5 Exhibit 5)(Whatley, Joe) (Entered: 04/20/2017)
04/20/2017
1094
RESPONSE to re 1072 Notice of Supplemental Authority Regarding the
Filed Rate Summary Judgment Motions filed by Defendants' Counsel.
(Hoover, Craig) (Entered: 04/20/2017)
04/20/2017
1095
MOTION to Withdraw as Attorney for Excellus Heath Plan, Excellus
BlueCross Blue Shield by Defendants' Counsel. (Andress, D) (Entered:
04/20/2017)
199
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 199 of 509
04/20/2017
1096
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by attorney D. Keith Andress. 1095 The Motion 1095 is GRANTED.
The Clerk of the Court is directed to terminate attorney Andress. Signed by
Judge R David Proctor on 4/20/2017. (KAM) (Entered: 04/20/2017)
04/21/2017
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 4/21/2017. (Court Reporter Teresa Roberson.) (KLL)
(Entered: 04/21/2017)
04/21/2017
1097
ORDER TO SHOW CAUSE the parties are directed to appear and show
cause why an injunction should not be entered to either (a) enjoin Anthem,
Defendants, Provider Plaintiffs, and Subscriber Plaintiffs from providing
information and documents deemed confidential under the Qualified
Protective Order and the courts Alternative Dispute Resolution Plan to Cigna
in connection with the litigation before the Delaware Chancery Court, and/or
(b) enjoin Cigna from requesting such confidential information and
documents; parties to simultaneously file briefs by 5/3/2017; reply briefs may
be filed by 5/10/2017. Signed by Judge R David Proctor on 4/21/2017.
(KAM) (Entered: 04/21/2017)
04/21/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 4/21/2017; re 849 , 1051 , 1063 , 1053 ,
1064 , 1065 ; arguments by counsel; hrg adj (Court Reporter Julie Martin)
(ASL) (Entered: 04/21/2017)
04/24/2017
1098
ORDER for the reasons stated on the record during the 4/21/2017 status
conference; 1046 Motion for Reconsideration is denied without prejudice; the
parties and the court will reassess the questions raised by the motion at a later
date. Signed by Judge R David Proctor on 4/24/2017. (KAM, ) (Entered:
04/24/2017)
04/24/2017
1099
REPLY to re 1058 in Support of Defendants' Rule 72 Objection to Discovery
Order No. 44 filed by Defendants' Counsel. (Attachments: # 1 Exhibit
A)(Campbell, Andrew) (Entered: 04/24/2017)
04/24/2017
1101
Reply in support of defendants' Rule 72 Objection to Discovery Order No. 44
(Attachments: # 1 Exhibit A) (KAM, ) Document unsealed 5/2/2017
Modified on 5/2/2017 (KAM, ). (Entered: 04/25/2017)
04/25/2017
1100
DISCOVERY ORDER NO. 46. Signed by Magistrate Judge T Michael
Putnam on 4/25/2017. (KAM) (Entered: 04/25/2017)
04/25/2017
1102
Subscriber Plaintiffs' Motion for Additional BCBS−AL Custodians by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D)(AVC) Document un−sealed 5/5/2017 see 1132 Modified
on 5/5/2017 (KAM, ). (Entered: 04/25/2017)
04/25/2017
1103
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT −
The Court therefore ORDERS that the Special Master=s application for
payment is hereby approved, with one−half of the billing for common
projects, plus the billing that=s specific only to Subscriber Track projects, or
$22,500.00, to be paid by the Subscriber Track and one−half of the billing for
common projects, plus the billing that=s specific only to Provider Track
projects, or $19,500.00, to be paid by the Provider Track, from their
Common Benefit monies. Signed by Judge R David Proctor on 4/25/2017.
200
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 200 of 509
(KAM) (Entered: 04/25/2017)
04/25/2017
1104
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT −
The Court therefore ORDERS that the Special Master=s application for
payment is hereby approved, with: (i) one−half, or $1,500.00, to be paid by
the Defendants; and (ii) one−fourth, or $750.00, to be paid by the Subscriber
Track, and one−fourth, or $750.00, to be paid by the Provider Track, from
their Common Benefit monies.. Signed by Judge R David Proctor on
4/25/2017. (KAM, ) (Entered: 04/25/2017)
04/25/2017
1105
ORDER the Provider Plaintiffs Motion for an Extension of the March 29,
2017 Deadline to Produce Non−Alabama Named Provider Plaintiffs
Discovery 1051 is GRANTED: Provider Plaintiffs will substantially
complete their structured and unstructured productions on April 18, 2017,
May 1, 2017, and June 1, 2017, as further set out in this order. Signed by
Magistrate Judge T Michael Putnam on 4/25/2017. (KAM, ) (Entered:
04/25/2017)
04/25/2017
1106
ORDER granting 1063 Motion to Stay Discovery Deadlines in Discovery
Order No. 44; insofar as the deadlines for providing an estimate of costs and
the April 30, 2017, deadline for production of strategic documents described
in subsection II.B. of Discovery Order No. 44 are STAYED, to be reset
following the resolution of the defendants Rule 72 Objection to Discovery.
The Non−Party Insurers are not, however,relieved of their duty to continue
searching for, screening, and preparing documents for production, and to
continue actually producing responsive documents that are historical or
fact−based, as opposed to forward−looking strategic documents, as described
in subsection II.B. of Discovery Order No. 44, or to provide cost estimates
for production of such historical or fact−based market entry/exit
documents.2. Signed by Magistrate Judge T Michael Putnam on 4/25/2017.
(KAM, ) (Entered: 04/25/2017)
04/25/2017
1107
MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate
Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as
Document Production Custodians by Provider Plaintiffs by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Whatley,
Joe) (Granted in Discovery Order 48 1131 Modified on 5/11/2017 (KAM, ).
(Entered: 04/25/2017)
04/26/2017
1108
TEXT ORDER re 1102 SEALED MOTION − Subscriber Plaintiffs' Motion
for Additional BCBS−AL Custodians; and 1107 Provider Plaintiffs'
MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate
Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as
Document Production Custodians. Any response to the motions is due no
later than Monday, May 1, 2017. Signed by Magistrate Judge T Michael
Putnam on April 26, 2017. (AMP) (Entered: 04/26/2017)
04/26/2017
1109
Transcript of Proceedings held on 4/21/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Teresa Roberson, Telephone number (205)
492−2483. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
201
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 201 of 509
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/17/2017. Redacted Transcript Deadline set for 5/27/2017.
Release of Transcript Restriction set for 7/25/2017. (Attachments: # 1 ct rptr
certification page) (AVC) (Entered: 04/26/2017)
04/26/2017
1110
NOTICE by Defendants' Counsel Regarding Sealing of Subscriber Plaintiffs'
Third Amended Complaint and Provider Plaintiffs' Fourth Amended
Complaint − Joint (Hogewood, Mark) (Entered: 04/26/2017)
04/27/2017
1111
Transcript of Proceedings held on April 21, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Julie Martin, Telephone number (205)
837−5266. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/18/2017. Redacted Transcript Deadline set for 5/28/2017.
Release of Transcript Restriction set for 7/26/2017. (MRR, ) (Entered:
04/27/2017)
04/27/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 4/27/2017. (Court Reporter Sabrina
Lewis) (ASL) (Entered: 04/27/2017)
04/28/2017
1112
TEXT ORDER re 1102 SEALED MOTION − Subscriber Plaintiffs' Motion
for Additional BCBS−AL Custodians; and 1107 Provider Plaintiffs'
MOTION to Compel Blue Cross and Blue Shield of Alabama to Designate
Annette Baker, Cynthia Vice, Sherry Lemier, and Jerry Chambers as
Document Production Custodians. A Motion Hearing is SET for Wednesday,
May 3, 2017, at 10:00 AM in Courtroom 3B of the Hugo L Black US
Courthouse, Birmingham, AL before Magistrate Judge T Michael Putnam.
Court reporter to be present. Signed by Magistrate Judge T Michael Putnam
on April 28, 2017. (AMP, ) (Entered: 04/28/2017)
04/28/2017
1113
TEXT ORDERThis matter is before the court on the parties' Joint Notice
Regarding Sealing of Subscriber Plaintiffs Third Amended Complaint and
Provider Plaintiffs Fourth Amended Complaint. 1110 In light of the Joint
Notice 1110 , the clerk of the court is directed to unseal Documents No. 1082
and 1083. 1082 1083 . Signed by Judge R David Proctor on 4/28/2017.
(KAM) (Entered: 04/28/2017)
04/28/2017
1114
DISCOVERY ORDER No. 47. Signed by Magistrate Judge T Michael
Putnam on 4/28/2017. (KAM, ) (Entered: 04/28/2017)
05/01/2017
1115
202
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 202 of 509
Transcript of Proceedings held on April 27, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205)
278−2065. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/22/2017. Redacted Transcript Deadline set for 6/1/2017.
Release of Transcript Restriction set for 7/30/2017. (MRR, ) (Entered:
05/01/2017)
05/01/2017
1116
ORDER REGARDING OBJECTIONS TO DISCOVERY ORDER NO. 44.
Signed by Judge R David Proctor on 5/1/2017. (JLC) (Entered: 05/01/2017)
05/01/2017
1117
ORDER that this case is hereby set for a Status Conference at 9:00 a.m. on
Thursday, June 8, 2017, in Courtroom 8 of the Hugo L. Black United States
Courthouse, 1729 5th Avenue North, Birmingham, Alabama before Judge R
David Proctor. On or before Friday, June 2, 2017, the parties SHALL submit
a Joint Report as set out herein. Economics Day Part II is SET at 9:00 a.m. on
Friday, June 9, 2017, in Courtroom 8 of the Hugo L. Black United States
Courthouse, 1729 5th Avenue North, Birmingham, Alabama. Signed by
Judge R David Proctor on 5/1/2017. (JLC) (Entered: 05/01/2017)
05/01/2017
1118
STATUS REPORT of Provider Plaintiffs Regarding Discovery by Plaintiffs'
Counsel. filed by Plaintiffs' Counsel (Whatley, Joe) (Entered: 05/01/2017)
05/01/2017
1119
STATUS REPORT Subscriber Plaintiffs' Status Report on Depositions,
Custodians and Search Terms by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel. filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale,
Barry) (Entered: 05/01/2017)
05/01/2017
1120
STATUS REPORT by Provider Plaintiffs Regarding Tranche 2 Productions
by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W) (Entered:
05/01/2017)
05/01/2017
1121
RESPONSE to Plaintiffs' Motions to Compel Additional Custodians filed by
Defendants' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E)(Malatesta, John) (Entered: 05/01/2017)
05/02/2017
1122
TEXT ORDER−This matter is before the court on correspondence dated
May 1, 2017 from Defendants regarding the status of the seal on their Reply
in Support of Defendants' Rule 72 Objection to Discovery Order No. 44.
1101 In light of that correspondence, the clerk of the court is directed to
unseal Document No. 1101. 1101 . Signed by Judge R David Proctor on
5/2/2017. (KAM, ) (Entered: 05/02/2017)
05/03/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 5/3/2017 re 1102 , 1107 ; arguments by
counsel; court's remarks; taken under submission; hrg adj (Court Reporter
Sabrina Lewis) (ASL) (Entered: 05/03/2017)
203
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 203 of 509
05/03/2017
1123
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs' Counsel. filed by
Plaintiffs' Counsel (Whatley, Joe) (Entered: 05/03/2017)
05/03/2017
1124
NOTICE of Appearance by Claudine Columbres on behalf of Anthem, Inc.
(Columbres, Claudine) (Entered: 05/03/2017)
05/03/2017
1125
NOTICE of Appearance by Glenn M Kurtz on behalf of Anthem, Inc. (Kurtz,
Glenn) (Entered: 05/03/2017)
05/03/2017
1126
NOTICE by CIGNA Health and Life Insurance Company re 1097 Order to
Show Cause,, (Weller, Christopher) (Entered: 05/03/2017)
05/03/2017
1127
RESPONSE to re 1097 Subscriber Plaintiffs' Reponse to Court's Order to
Show Cause filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Ragsdale, Barry) (Entered: 05/03/2017)
05/03/2017
1128
***Document Sealed − Defendant's Response to the Court's 4/21/2017 Order
to Show Cause (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (KAM, )
(Entered: 05/04/2017)
05/03/2017
1129
***Document Sealed Defendant Anthem Inc's Response to Order to Show
Cause (KAM) (Entered: 05/04/2017)
05/04/2017
1130
***Document Sealed CIGNA Corporation's Response to Show Cause Order
1097 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (KAM, )
(Entered: 05/04/2017)
05/04/2017
1131
DISCOVERY ORDER No. 48. Signed by Magistrate Judge T Michael
Putnam on 5/4/2017. (KAM) (Entered: 05/04/2017)
05/05/2017
1132
TEXT ORDER−This matter is before the court on correspondence dated
May 4, 2017 from the Subscriber Seal Team regarding the status of the seal
on their Motion for Additional BCBS−AL Custodians. 1102 In light of that
correspondence, the clerk of the court is directed to unseal Document No.
1102. 1102 .. Signed by Judge R David Proctor on 5/5/2017. (KAM, )
(Entered: 05/05/2017)
05/05/2017
1133
NOTICE by Blue Cross Blue Shield Antitrust Litigation MDL 2406 of
Withdrawal of Appearance (Leary, Paul) (Entered: 05/05/2017)
05/05/2017
1134
TEXT ORDER−This matter is before the court on the responses 1123 1127
1128 1129 1130 to the court's April 21, 2017 Show Cause Order 1097 . In
light of the responses, this matter is SET for a telephone conference at 3:00
p.m. Central Time on Thursday, May 11, 2017, to discuss the matters
addressed in the order and the responses. The telephone conference regarding
this issue will occur at the beginning of Judge Putnam's weekly discovery
call. Signed by Judge R David Proctor on 5/5/2017. (KAM, ) (Entered:
05/05/2017)
05/05/2017
1135
***Document Sealed − Notice of Substitution of Exhibits by dft Blue Cross
Blue Shield Association (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3
Exhibit 6) (KAM) (Entered: 05/05/2017)
05/05/2017
1136
***Document Sealed Subscriber Plaintiffs' Response to the Court's Order to
Show Cause 1097 (KAM, ) (Entered: 05/05/2017)
204
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 204 of 509
05/08/2017
1137
MOTION for Leave to Appear Pro Hac Vice by CIGNA Health and Life
Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weller,
Christopher) (Entered: 05/08/2017)
05/08/2017
1138
MOTION for Leave to Appear Pro Hac Vice by CIGNA Health and Life
Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Weller,
Christopher) (Entered: 05/08/2017)
05/09/2017
1139
TEXT ORDER−This matter is before the court on the Motions for
Admission Pro Hac Vice filed on behalf of attorneys Samuel C. Leifer and
Stephen R. DiPrima. 1137 1138 The Motions 1137 1138 are GRANTED..
Signed by Judge R David Proctor on 5/9/2017. (KAM, ) (Entered:
05/09/2017)
05/09/2017
1140
MOTION for Leave to File Under Seal by CIGNA Health and Life Insurance
Company. (Weller, Christopher) (Entered: 05/09/2017)
05/09/2017
1141
TEXT ORDER−This matter is before the court on Cigna Corporation's
Unopposed Motion for Leave to File Under Seal. 1140 The Motion 1140 is
GRANTED. See 145 758 .. Signed by Judge R David Proctor on 5/9/2017.
(KAM, ) (Entered: 05/09/2017)
05/09/2017
1142
MOTION to Extend Time for Rule 30(b)(6) Depositions by Plaintiffs'
Counsel. (Attachments: # 1 Memo in Support)(Lemmon, Andrew) (Entered:
05/09/2017)
05/10/2017
1143
MOTION for Additional Time for Depositions by Subscriber Plaintiffs by
Plaintiffs' Counsel. (Hellums, Christopher) (Entered: 05/10/2017)
05/10/2017
1144
***Document Sealed − DEFENDANTS REPLY TO CIGNAS AND
PLAINTIFFS RESPONSES TO THE COURTS APRIL 21, 2017 SHOW
CAUSE ORDER (SAC ) (Entered: 05/10/2017)
05/10/2017
1145
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1097 Order to Show
Cause,, (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit One, # 2 Exhibit Two)(Whatley, Joe) (Entered: 05/10/2017)
05/10/2017
1146
***Document Sealed − Cigna Corporation's Reply in Further Support of its
Response to Show Cause Order Regarding Privilege Issues 1097
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (KAM, ) (Entered:
05/11/2017)
05/10/2017
1147
***Document Sealed − Anthem's Reply to the Responses to the Court's
4/21/2017 Show Cause Order (KAM) (Entered: 05/11/2017)
05/11/2017
1148
RESPONSE to Motion re 1142 MOTION to Extend Time for Rule 30(b)(6)
Depositions on Behalf of BCBSA & BCBS−AL filed by Defendants' Counsel.
(Donnell, Sarah) (Entered: 05/11/2017)
05/11/2017
1149
RESPONSE to Defendants' Request to Maintain the Seal on Their Show
Cause Response filed by Plaintiffs' Counsel. (Stokes, Tammy) (Entered:
05/11/2017)
05/11/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 5/11/2017. (Court Reporter Sabrina
Lewis) (ASL) (Entered: 05/11/2017)
205
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 205 of 509
05/11/2017
1150
NOTICE by Plaintiffs' Counsel of Agreement Regarding BCBS−AL
Custodians (Subscriber Plaintiffs) (Hellums, Christopher) (Entered:
05/11/2017)
05/12/2017
1151
DISCOVERY ORDER NO. 49.. Signed by Judge R David Proctor on
5/12/2017. (KAM) (Entered: 05/12/2017)
05/12/2017
1152
SUPPLEMENTAL DISCOVERY ORDER NO. 48. Signed by Magistrate
Judge T Michael Putnam on 5/12/2017. (KAM, ) (Entered: 05/12/2017)
05/15/2017
1153
DISCOVERY ORDER NO. 50. Signed by Magistrate Judge T Michael
Putnam on 5/15/2017. (KAM) (Entered: 05/15/2017)
05/15/2017
1154
MOTION for Extension of Time For Responding To The Amended
Complaints (Unopposed) by Defendants' Counsel. (Hoover, Craig) (Entered:
05/15/2017)
05/15/2017
1155
Brief re 1149 Response (other) Defendants' Justification for Filings
Submitted Under Seal and Reply to Subscribers' May 11, 2017 Response
Regarding Sealing. (Zott, David) (Entered: 05/15/2017)
05/15/2017
1156
Brief re 1097 Order to Show Cause,, Defendants' Response to the Court's
April 21, 2017 Show Cause Order − Public Version − filed by Defendants'
Counsel. (Attachments: # 1 Exhibit 1 − 4/12/2017 Hearing Transcript, # 2
Exhibit 2 − 4/13/2017 Hearing Transcript, # 3 Exhibit 3−6 − Filed Under
Seal, # 4 Exhibit 7 − 4/28/2017 Laster Letter to Counsel, # 5 Exhibit 8 −
Filed Under Seal)(Zott, David) (Entered: 05/15/2017)
05/15/2017
1157
Brief re 1097 Order to Show Cause,, Defendants' Reply to Cigna's and
Plaintiffs' Responses to the Court's April 21, 2017 Show Cause Order −
Public Version − filed by Defendants' Counsel. (Zott, David) (Entered:
05/15/2017)
05/16/2017
1158
TEXT ORDER−This matter is before the court on Defendants' Unopposed
Motion to Enlarge the Time for Responding to the Amended Complaints.
1154 The Motion 1154 is GRANTED. Defendants shall respond to the
recently amended complaints on or before May 17, 2017. Signed by Judge R
David Proctor on 5/16/2017. (KAM) (Entered: 05/16/2017)
05/16/2017
1159
TEXT ORDER This matter is before the court on the parties' filings
regarding justifications for maintaining the seal on documents filed in
response to the court's April 21, 2017 Show Cause Order. 1097 In light of
those filings, the Clerk of the Court is directed to unseal Documents 1128−1,
1128−2 and 1128−7. [1128−1] [1128−2] [1128−7]. Signed by Judge R David
Proctor on 5/16/2017. (KAM, ) (Entered: 05/16/2017)
05/17/2017
1160
ORDER − No future mediation may be unilaterally cancelled by any party.
All future mediation sessions SHALL take place pursuant to this courts order
and occur in Birmingham, Alabama. The Mediator and Special Master
SHALL submit an appropriate order in relation to all such future sessions.
Signed by Judge R David Proctor on 5/16/2017. (KAM) (Entered:
05/17/2017)
05/17/2017
1161
TEXT ORDER−This case is SET for an ex parte telephone conference with
certain Subscribers Counsel at 12:00 noon, Central time, on Friday, May
19, 2017. Subscribers Lead Counsel, Subscriber Plaintiffs Steering
206
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 206 of 509
Committee Members and the Subscribers Liaison Counsel SHALL attend.
The Special Master is asked to circulate dial in information for the call..
Signed by Judge R David Proctor on 5/17/2017. (KAM) (Entered:
05/17/2017)
05/17/2017
1162
Blue Shield of California's Answer & Affirmative Defenses ANSWER to
Complaint (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(West, Kimberly) (Entered: 05/17/2017)
05/17/2017
1163
Highmark Inc.'s Answer & Affirmative Defenses ANSWER to Complaint
(Subscriber Track Third Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(West, Kimberly) (Entered: 05/17/2017)
05/17/2017
1164
Health Care Service Corp. & Caring For Montanans, Inc.'s Answer &
Affirmative Defenses ANSWER to Complaint (Subscriber Track Third
Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(West, Kimberly) (Entered: 05/17/2017)
05/17/2017
1165
Defendant USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross
and Blue Shield's Answer and Affirmative Defenses to the Subscriber Track
Third Amended Consolidated Class Action Complaint [Docket no. 1082]
ANSWER to Complaint by Defendants' Counsel.(Naranjo, Michael)
(Entered: 05/17/2017)
05/17/2017
1166
Blue Cross and Blue Shield Association's ANSWER to Complaint with Jury
Demand (Subscriber Track's Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Zott, David) (Entered: 05/17/2017)
05/17/2017
1167
Independence Hospital Indemnity Plan, Inc.'s Answer and Affirmative
Defenses ANSWER to Complaint with Jury Demand (Subscriber Track
Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Adcox, Rachel) (Entered: 05/17/2017)
05/17/2017
1168
Blue Cross Blue Shield of Alabama's ANSWER to Complaint (Subscriber
Track Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Burkhalter, Carl) (Entered: 05/17/2017)
05/17/2017
1169
Anthem, Inc., f/k/a WellPoint, Inc., and all of its named subsidiaries in this
consolidated action ANSWER to Complaint with Jury Demand (Subscriber
Track Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1170
Blue Cross and Blue Shield of Florida, Inc. ANSWER to Complaint with
Jury Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1171
Louisiana Health Service & Indemnity Company (Blue Cross and Blue Shield
of Louisiana) ANSWER to Complaint with Jury Demand (Subscriber Track
Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1172
Blue Cross and Blue Shield of Massachusetts, Inc. ANSWER to Complaint
with Jury Demand (Subscriber Track Third Amended Consolidated Class
Action Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered:
05/17/2017)
207
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 207 of 509
05/17/2017
1173
Blue Cross Blue Shield of Mississippi, A Mutual Insurance Company's
ANSWER to Complaint with Jury Demand (Subscriber Track Third
Amended Consolidated Class Action Complaint) by Blue Cross Blue Shield
Antitrust Litigation MDL 2406.(McDowell, M) (Entered: 05/17/2017)
05/17/2017
1174
Wellmark, Inc., d/b/a Wellmark Blue Cross and Blue Shield of Iowa, and
Wellmark of South Dakota, Inc., d/b/a Wellmark Blue Cross and Blue Shield
of South Dakota's ANSWER to Complaint with Jury Demand (Subscriber
Track's Third Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(Zott, David) (Entered: 05/17/2017)
05/17/2017
1175
BCBSM, Inc. (Blue Cross and Blue Shield of Minnesota) ANSWER to
Complaint with Jury Demand (Subscriber Track Third Amended
Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover,
Craig) (Entered: 05/17/2017)
05/17/2017
1176
Blue Cross and Blue Shield of North Carolina, Inc. ANSWER to Complaint
with Jury Demand (Subscriber Track Third Amended Consolidated Class
Action Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered:
05/17/2017)
05/17/2017
1177
Blue Cross & Blue Shield of Rhode Island ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1178
Blue Cross and Blue Shield of South Carolina ANSWER to Complaint with
Jury Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1179
Blue Cross and Blue Shield of Vermont ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1180
Cambia Health Solutions, Inc.; Regence Blue Shield of Idaho; Regence Blue
Cross Blue Shield of Utah; Regence Blue Shield (in Washington); Regence
Blue Cross Blue Shield of Oregon ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1181
Hawaii Medical Service Association (Blue Cross and Blue Shield of Hawaii)
ANSWER to Complaint with Jury Demand (Subscriber Track Third
Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1182
Horizon Healthcare Services, Inc. (Horizon Blue Cross and Blue Shield of
New Jersey) ANSWER to Complaint with Jury Demand (Subscriber Track
Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1183
ANSWER to Complaint with Jury Demand (Subscriber Track Third
Amended Consolidated Class Action Complaint) by Excellus Health Plan,
Inc. d/b/a Excellus BlueCrossBlueShield.(Clark, Anna) (Entered:
05/17/2017)
05/17/2017
1184
Blue Cross Blue Shield of Michigan's ANSWER to Complaint with Jury
Demand for the Subscriber Track's Third Amended Consolidated Class
208
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 208 of 509
Action Complaint by Defendants' Counsel.(Campbell, Andrew) (Entered:
05/17/2017)
05/17/2017
1185
CareFirst BlueChoice, Inc. ANSWER to Complaint with Jury Demand by
Defendants' Counsel.(Norman, Brian) (Entered: 05/17/2017)
05/17/2017
1186
Premera Blue Cross's ANSWER to Complaint with Jury Demand Subscriber
Track Third Amended Consolidated Class Action Complaint by Premera Blue
Cross.(Payton, Gwendolyn) (Entered: 05/17/2017)
05/17/2017
1187
MOTION to Dismiss Providers' Consolidated Fourth Amended Complaint
by Defendants' Counsel. (Attachments: # 1 Supplement Brief In Support of
MTD, # 2 Exhibit A)(Campbell, Andrew) (Entered: 05/17/2017)
05/17/2017
1188
Blue Cross & Blue Shield of Mississippi, A Mutual Insurance Company's
ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended
Consolidated Class Action Complaint) by Blue Cross Blue Shield Antitrust
Litigation MDL 2406.(McDowell, M) (Entered: 05/17/2017)
05/17/2017
1189
CareFirst, Inc. ANSWER to Complaint with Jury Demand (Subscriber Track
Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Norman, Brian) (Entered: 05/17/2017)
05/17/2017
1190
CareFirst of Maryland, Inc. ANSWER to Complaint with Jury Demand
(Subscriber Track Third Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(Norman, Brian) (Entered: 05/17/2017)
05/17/2017
1191
Group Hospitalization and Medical Services, Inc. ANSWER to Complaint
with Jury Demand (Subscriber Track Third Amended Consolidated Class
Action Complaint) by Defendants' Counsel.(Norman, Brian) (Entered:
05/17/2017)
05/17/2017
1192
ANSWER to Complaint with Jury Demand (Subscriber Track Third
Amended Consolidated Class Action Complaint) by Blue Cross Blue Shield
of Arizona.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1193
Defendant BlueCross BlueShield of Tennessee's ANSWER to Complaint with
Jury Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Miller, Margot) (Entered: 05/17/2017)
05/17/2017
1194
Blue Cross of Idaho Health Service, Inc. ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1195
HealthNow New York Inc. ANSWER to Complaint with Jury Demand
(Subscriber Track Third Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1196
Blue Cross and Blue Shield of Kansas, Inc. ANSWER to Complaint with
Jury Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1197
Blue Cross and Blue Shield of Kansas City's ANSWER to Complaint with
Jury Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1198
209
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 209 of 509
Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1199
ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended
Consolidated Class Action Complaint) by Excellus Health Plan, Inc. d/b/a
Excellus BlueCrossBlueShield.(Clark, Anna) (Entered: 05/17/2017)
05/17/2017
1200
Noridian Mutual Insurance Company's ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1201
Blue Cross Blue Shield of Wyoming ANSWER to Complaint with Jury
Demand (Subscriber Track Third Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1202
Triple−S Salud, Inc.'s ANSWER to 86 Amended Complaint (Provider Track
Fourth Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Pabon Rico, Gustavo) (Entered: 05/17/2017)
05/17/2017
1203
Triple−S Salud, Inc.'s ANSWER to 897 Amended Complaint (Subscriber
Track Third Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Pabon Rico, Gustavo) (Entered: 05/17/2017)
05/17/2017
1204
Blue Cross Blue Shield of Arizona's ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1205
Blue Cross and Blue Shield of Kansas City ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1206
Blue Cross and Blue Shield of Kansas, Inc. ANSWER to Complaint with
Jury Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1207
Anthem, Inc., f/k/a WellPoint, Inc., and all of its named subsidiaries in this
consolidated action ANSWER to Complaint with Jury Demand (Provider
Track Fourth Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1208
Noridian Mutual Insurance Company's ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1209
Blue Cross and Blue Shield of Florida, Inc. ANSWER to Complaint with
Jury Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1210
Blue Cross and Blue Shield of Nebraska's ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1211
Louisiana Health Service & Indemnity Company (Blue Cross and Blue Shield
of Louisiana) ANSWER to Complaint with Jury Demand (Provider Track
Fourth Amended Consolidated Class Action Complaint) by Defendants'
210
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 210 of 509
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1212
Blue Cross and Blue Shield of Massachusetts, Inc. ANSWER to Complaint
with Jury Demand (Provider Track Fourth Amended Consolidated Class
Action Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered:
05/17/2017)
05/17/2017
1213
Blue Cross Blue Shield of Wyoming's ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1214
BCBSM, Inc. (Blue Cross and Blue Shield of Minnesota) ANSWER to
Complaint with Jury Demand (Provider Track Fourth Amended Consolidated
Class Action Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered:
05/17/2017)
05/17/2017
1215
Blue Cross of Idaho Health Service, Inc. ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1216
Blue Cross and Blue Shield of North Carolina, Inc. ANSWER to Complaint
with Jury Demand (Provider Track Fourth Amended Consolidated Class
Action Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered:
05/17/2017)
05/17/2017
1217
HealthNow New York Inc. ANSWER to Complaint with Jury Demand
(Provider Track Fourth Amended Consolidated Class Action Complaint) by
Defendants' Counsel.(Sooy, Kathleen) (Entered: 05/17/2017)
05/17/2017
1218
Blue Cross & Blue Shield of Rhode Island ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1219
Blue Cross and Blue Shield of South Carolina ANSWER to Complaint with
Jury Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1220
Blue Cross and Blue Shield of Vermont ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1221
Cambia Health Solutions, Inc.; Regence Blue Shield of Idaho; Regence Blue
Cross Blue Shield of Utah; Regence Blue Shield (in Washington); Regence
Blue Cross Blue Shield of Oregon ANSWER to Complaint with Jury
Demand (Provider Track Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Hoover, Craig) (Entered: 05/17/2017)
05/17/2017
1222
Hawaii Medical Service Association (Blue Cross and Blue Shield of Hawaii)
ANSWER to Complaint with Jury Demand (Provider Track Fourth Amended
Consolidated Class Action Complaint) by Defendants' Counsel.(Hoover,
Craig) (Entered: 05/17/2017)
05/17/2017
1223
Horizon Healthcare Services, Inc. (Horizon Blue Cross and Blue Shield of
New Jersey) ANSWER to Complaint with Jury Demand (Provider Track
Fourth Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Hoover, Craig) (Entered: 05/17/2017)
211
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 211 of 509
05/17/2017
1224
Defendant USAble Mutual Insurance Company, d/b/a Arkansas Blue Cross
and Blue Shield's Answer and Affirmative Defenses to the Provider Track
Fourth Amended Consolidated Class Action Complaint [Docket no. 1083]
ANSWER to Complaint with Jury Demand by Defendants'
Counsel.(Naranjo, Michael) (Entered: 05/17/2017)
05/18/2017
1225
ORDER re 1187 MOTION to Dismiss Providers' Consolidated Fourth
Amended Complaint filed by Defendants' Counsel ; Unless the parties
otherwise agree on a briefing schedule for the Motion, any response SHALL
be filed no later than ten (10) calendar days after the date the Motion was
filed. (However, if the due date falls on a weekend or court holiday, the due
date shall be the next business day). Any reply SHALL be filed no later than
five (5) calendar days after the date on which the responsive brief is filed.
Signed by Judge R David Proctor on 5/18/2017. (KAM, ) (Entered:
05/18/2017)
05/18/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 5/18/2017. (Court Reporter Lindy
Fuller) (ASL) (Entered: 05/18/2017)
05/19/2017
1226
DISCOVERY ORDER No. 51. Signed by Magistrate Judge T Michael
Putnam on 5/19/2017. (JLC) (Entered: 05/19/2017)
05/19/2017
1227
TEXT ORDER. The Discovery Status Conference set by Discovery Order
No. 1 (doc. 229)shall be held on June 8, 2017, at 1:00 PM in Courtroom 3B
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on May 19, 2017.
(AMP) (Entered: 05/19/2017)
05/23/2017
1228
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT −
Payment for services rendered and expenses incurred from 4/1/2017 through
4/30/2017 in this matter as it relates to services rendered for both sides, and
totaling $8,000.00. Signed by Judge R David Proctor on 5/23/2017. (KAM, )
(Entered: 05/23/2017)
05/23/2017
1229
ORDER APPOROVING SPECIAL MASTER INVOICE FOR PAYMENT −
payment for services rendered and expenses incurred from 4/1/2017 through
4/30/2017 in this matter relating solely to services provided to the plaintiffs,
and totaling $41,800.00. Signed by Judge R David Proctor on 5/23/2017.
(KAM, ) (Entered: 05/23/2017)
05/24/2017
1230
MEDIATION ORDER − a mediation involving Subscriber Plaintiffs and
Defendants shall take place on 6/6/2017 in Birmingham, AL; every party
SHALL designate to the mediator a representative who will attend the
mediation in person. Signed by Judge R David Proctor on 5/24/2017. (KAM)
(Entered: 05/24/2017)
05/25/2017
1231
MOTION For Additional Anthem Custodians by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Hellums, Christopher)
withdrawn by 1245 Modified on 6/14/2017 (KAM, ). (Entered: 05/25/2017)
05/25/2017
1232
Subscriber Plaintiffs' Motion to Compel Supplemental Production
Custodians. (KAM)(Motion unsealed Modified on 6/2/2017) (KAM, ).
212
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 212 of 509
Modified on 6/16/2017 (KAM, ). (Entered: 05/25/2017)
05/25/2017
1233
Transcript of Proceedings held on May 3, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205)
278−2065. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/15/2017. Redacted Transcript Deadline set for 6/25/2017.
Release of Transcript Restriction set for 8/23/2017. (MRR, ) (Entered:
05/25/2017)
05/25/2017
1234
Transcript of Proceedings held on May 11, 2017, before Judge R. David
Proctor and Judge T. Michael Putnam. Court Reporter/Transcriber Sabrina
Lewis, Telephone number (205) 278−2065. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/15/2017. Redacted Transcript Deadline set for 6/25/2017.
Release of Transcript Restriction set for 8/23/2017. (MRR, ) (Entered:
05/25/2017)
05/25/2017
1235
MOTION to Compel BCS Financial Corporation and BCS Insurance
Company to Produce Documents (Provider Plaintiffs) by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Whatley, Joe) Modified on
6/16/2017 (KAM, ). (Entered: 05/25/2017)
05/26/2017
1236
MOTION for Extension of Time to File Response/Reply as to 1235
MOTION to Compel BCS Financial Corporation and BCS Insurance
Company to Produce Documents (Provider Plaintiffs) by BCS Financial
Corporation, BCS Insurance Company. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Pennington, Michael) 1264 granted
in part and denied in part this motion Modified on 6/14/2017 (KAM, ).
(Entered: 05/26/2017)
05/26/2017
1237
RESPONSE in Opposition re 1187 MOTION to Dismiss Providers'
Consolidated Fourth Amended Complaint filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 05/26/2017)
05/30/2017
1238
RESPONSE in Opposition re 1236 MOTION for Extension of Time to File
Response/Reply as to 1235 MOTION to Compel BCS Financial Corporation
213
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 213 of 509
and BCS Insurance Company to Produce Documents (Provider Plaintiffs)
filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 05/30/2017)
05/30/2017
1239
NOTICE of Appearance by Stephen A Walsh on behalf of Excellus Health
Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Walsh, Stephen) (Entered:
05/30/2017)
05/30/2017
1240
MOTION Unopposed Motion of Co−Lead Counsel to Obtain Court Approval
for the Appointment of Charles J. Cooper to Serve as Co−Chair of the Brief
Writing and Submissions for the Subscriber Track by Plaintiffs' Counsel.
(Attachments: # 1 Text of Proposed Order, # 2 Exhibit)(Hellums,
Christopher) (Entered: 05/30/2017)
05/30/2017
1241
MOTION to Compel by Subscriber Plaintiffs' of Production of Data
Regarding Premiums and Total Claims Data by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Memorandum in Support, # 2 Exhibit 1. Appendix D, # 3
Exhibit 2. January 19, 2017 letter from Stenerson to Bush, # 4 Text of
Proposed Order)(Ragsdale, Barry) (Entered: 05/30/2017)
05/31/2017
1242
TEXT ORDER re 1236 MOTION for Extension of Time to Respond to 1235
MOTION to Compel, filed by BCS Insurance Company, BCS Financial
Corporation. Argument on the motion shall be heard at the Discovery
Conference set for June 8, 2017. Any written response to the motion is
governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed
by Magistrate Judge T Michael Putnam on May 31, 2017. (AMP) (Entered:
05/31/2017)
05/31/2017
1243
TEXT ORDER re 1241 Subscriber Plaintiffs' Motion to Compel Production
of Data Regarding Premiums and Total Claims Data. Defendants named in
the motion shall have until Monday, June 12, 2017, to respond to the motion.
The possible need for a special setting on the motion shall be addressed at the
Discovery Conference set for June 8, 2017. Signed by Magistrate Judge T
Michael Putnam on May 31, 2017. (AMP) (Entered: 05/31/2017)
05/31/2017
1244
ORDER granting 1240 Motion appointing Charles J. Cooper to serve as
Co−Chair, along with David Guin, of the Brief Writing and Submissions
Committee for the Subscriber Tract. Signed by Judge R David Proctor on
5/31/2017. (KAM, ) (Entered: 05/31/2017)
05/31/2017
1245
NOTICE by Plaintiffs' Counsel re 1231 MOTION For Additional Anthem
Custodians Notice of Withdrawal (Hellums, Christopher) (Entered:
05/31/2017)
06/01/2017
1246
NOTICE by Defendants' Counsel Regarding Sealing of Subscriber Plaintiffs'
Motion to Compel Supplemental Production Custodians (Joint) (Hogewood,
Mark) (Entered: 06/01/2017)
06/01/2017
1247
NOTICE of Appearance by Hamish P.M. Hume on behalf of All Plaintiffs
(Hume, Hamish) (Entered: 06/01/2017)
06/01/2017
1248
STATUS REPORT Regarding Provider Plaintiffs' Tranche 3 Productions by
Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Brown, W) (Entered:
06/01/2017)
06/02/2017
1249
TEXT ORDER−This matter is before the court on the parties' Joint Notice
Regarding Sealing of Subscriber Plaintiffs Motion to Compel Supplemental
214
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 214 of 509
Production Custodians. 1246 In light of the Joint Notice 1246 , the Clerk of
the Court is directed to unseal Document 1232. 1232 . Signed by Judge R
David Proctor on 6/2/2017. (KAM, ) (Entered: 06/02/2017)
06/02/2017
1250
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on June 8 2017 by Special Master. filed by Special Master
(Gentle, Edgar) (Entered: 06/02/2017)
06/02/2017
1251
Brief re 1226 Order Defendants' Rule 72 Objection to Discovery Order No.
51 filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1 − 4/21/2017
Hearing Transcript Excerpt)(Zott, David) (Entered: 06/02/2017)
06/02/2017
1252
REPLY Brief filed by Defendant Defendants' Counsel re: 1187 MOTION to
Dismiss Providers' Consolidated Fourth Amended Complaint filed by
Defendants' Counsel. (Campbell, Andrew) (Entered: 06/02/2017)
06/05/2017
1253
SUBSCRIBER plaintiffs' notice of withdrawal of Motion to Compel
Additional Custodians 1232 SEALED MOTION (Hellums, Christopher)
Modified on 6/6/2017 (KAM, ). (Entered: 06/05/2017)
06/05/2017
1254
RESPONSE in Opposition re 1232 SEALED MOTION Subscriber Plaintiffs'
Motion to Compel Supplemental Production Custodians filed by Defendants'
Counsel. (Attachments: # 1 Exhibit A − 2017.04.20 C&M Plan Letter to
Subscribers, # 2 Exhibit B − 2017.05.23 C&M Plan Letter to Subscribers, # 3
Exhibit C − 2017.06.05 C&M Plan Letter to Subscribers, # 4 Exhibit D −
2016.04.13 Letter re C&M Plan Unstructured Scope)(Sooy, Kathleen)
(Entered: 06/05/2017)
06/06/2017
1255
NOTICE of Appearance by Susan M Razzano on behalf of BCS Financial
Corporation, BCS Insurance Company (Razzano, Susan) (Entered:
06/06/2017)
06/06/2017
1256
NOTICE of Appearance by Lisa Cipriano on behalf of BCS Financial
Corporation, BCS Insurance Company (Cipriano, Lisa) (Entered:
06/06/2017)
06/06/2017
1257
Defendants' Submission Regarding Standard of Review Discovery. (Zott,
David) Modified on 6/7/2017 (JLC). (Entered: 06/06/2017)
06/06/2017
1258
STATUS REPORT Subscriber Plaintiffs' Status Report On Paper Discovery
and Depositions for Legal Standard Briefing by Plaintiffs' Liaison Counsel.
filed by Plaintiffs' Liaison Counsel (Hellums, Christopher) (Entered:
06/06/2017)
06/07/2017
1259
Transcript of Proceedings held on 5/18/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Lindy M. Fuller, Telephone number
205−278−2062. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
215
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 215 of 509
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/28/2017. Redacted Transcript Deadline set for 7/8/2017.
Release of Transcript Restriction set for 9/5/2017. (JLC) (Entered:
06/07/2017)
06/07/2017
1260
STATUS REPORT Regarding Discovery and Depositions for Standard of
Review Briefing (Provider Plaintiffs) by Plaintiffs' Counsel. filed by
Plaintiffs' Counsel (Brown, W) (Entered: 06/07/2017)
06/07/2017
1261
Opposition to re 1251 Defendants' Rule 72 Objection to Discovery Order No.
51 (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe)
(Entered: 06/07/2017)
06/07/2017
1262
SUBCRIBER PLAINTIFFS'RESPONSE to re 1251 Defendants'Rule 72
Objections to DISCOVERY ORDER NO> 51 filed by Plaintiffs' Counsel,
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) Modified on 6/8/2017 (KAM,
). (Entered: 06/07/2017)
06/07/2017
1263
STATUS REPORT Subscriber Plaintiffs' Supplement To Status Report On
Paper Discovery And Depositions For Legal Standard Briefing by Plaintiffs'
Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Hellums, Christopher)
(Entered: 06/07/2017)
06/08/2017
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 6/8/2017. (Court Reporter Leah Turner.) (KLL) (Entered:
06/08/2017)
06/08/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 6/8/2017. (Court Reporter
Teresa Roberson) (ASL) (Entered: 06/08/2017)
06/08/2017
1264
DISCOVERY ORDER NO. 52. Signed by Magistrate Judge T Michael
Putnam on 6/8/2017. (KAM, ) (Entered: 06/08/2017)
06/09/2017
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 6/9/2017. (KLL) (Entered: 06/09/2017)
06/09/2017
Minute Entry for proceedings held before Judge R David Proctor: hearing
terminated. (KLL) (Entered: 06/09/2017)
06/12/2017
1265
NOTICE of Change of Address by Gwendolyn C Payton (Payton,
Gwendolyn) (Entered: 06/12/2017)
06/12/2017
1266
MOTION for Protective Order Regarding the Notice to Take the Deposition
of Robin Stone, Vice President of Governmental Affairs by Defendants'
Counsel. (Burkhalter, Carl) Modified on 6/14/2017 (KAM, ). (Entered:
06/12/2017)
06/12/2017
1267
NOTICE by Plaintiffs' Liaison Counsel re 1241 MOTION to Compel by
Subscriber Plaintiffs' of Production of Data Regarding Premiums and Total
Claims Data (Ragsdale, Barry) (Entered: 06/12/2017)
06/12/2017
1268
TEXT ORDER re 1266 MOTION for Protective Order Regarding the Notice
to Take the Deposition of Robin Stone, Vice President of Governmental
Affairs filed by Defendants' Counsel. Any response to the motion is due no
216
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 216 of 509
later than 4:00 p.m. CST on Tuesday, June 13, 2017. Signed by Magistrate
Judge T Michael Putnam on June 12, 2017. (AMP) (Entered: 06/12/2017)
06/12/2017
1269
RESPONSE in Opposition re 1241 MOTION to Compel by Subscriber
Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data
(as to certain Hogan Lovells Defendants) filed by Defendants' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 (Declaration of Robert Tierney), # 8
Exhibit 8 (Declaration of Renee Baxter), # 9 Exhibit 9 (Declaration of Sam
Griffin), # 10 Exhibit 10 (Declaration of Catherine Mitchell), # 11 Exhibit 11
(Declaration of Nancy Colton), # 12 Exhibit 12 (Declaration of Adrian
Serio))(Hoover, Craig) (Entered: 06/12/2017)
06/13/2017
1270
Transcript of Proceedings held on June 8, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/4/2017. Redacted Transcript Deadline set for 7/14/2017.
Release of Transcript Restriction set for 9/11/2017. (Attachments: # 1
certification page) (KAM, ) (Entered: 06/13/2017)
06/13/2017
1271
RESPONSE in Opposition re 1266 MOTION for Protective Order Regarding
the Notice to Take the Deposition of Robin Stone, Vice President of
Governmental Affairs filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered:
06/13/2017)
06/13/2017
1272
STIPULATION Defendants' Stipulation as to the Authentication and
Admissibility of Certain License Agreements by Defendants' Counsel. filed
by Defendants' Counsel (Zott, David) (Entered: 06/13/2017)
06/14/2017
1273
MOTION to Set Timeline for Plaintiffs to Identify Documents for Standard
of Review Depositions by Defendants' Counsel. (Hoover, Craig) (Entered:
06/14/2017)
06/14/2017
1274
DISCOVERY ORDER No. 53. Signed by Magistrate Judge T Michael
Putnam on 6/14/2017. (KAM) (Entered: 06/14/2017)
06/14/2017
1275
STATUS REPORT on Subscriber Plaintiffs' Motion to Compel Supplemental
Production Custodians by Defendants' Counsel. filed by Defendants' Counsel
(Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G)(Sooy, Kathleen)
(Entered: 06/14/2017)
06/14/2017
1276
Brief re 1232 SEALED MOTION Supplemental Brief in Support of
Subscriber Plaintiffs' Motion to Compel Supplemental Production
Custodians filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Ragsdale, Barry) (Entered: 06/14/2017)
217
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 217 of 509
06/14/2017
1277
REPLY to Response to Motion re 1241 MOTION to Compel by Subscriber
Plaintiffs' of Production of Data Regarding Premiums and Total Claims Data
filed by Plaintiffs' Liaison Counsel. (Lemmon, Andrew) (Entered:
06/14/2017)
06/15/2017
1278
Transcript of Proceedings held on 6/8/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/6/2017. Redacted Transcript Deadline set for 7/16/2017.
Release of Transcript Restriction set for 9/13/2017. (KAM, ) (Entered:
06/15/2017)
06/15/2017
1279
Transcript of Proceedings held on 6/9/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/6/2017. Redacted Transcript Deadline set for 7/16/2017.
Release of Transcript Restriction set for 9/13/2017. (KAM, ) (Entered:
06/15/2017)
06/15/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 6/15/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 06/15/2017)
06/16/2017
1280
ORDER − parties are directed to report to the court, by filing, no later than
4:00 p.m. CDT on Monday, June 19, 2017, whether agreement has been
reached with regard to the non−Alabama 30(b)(6) depositions related to legal
standard of review.Signed by Magistrate Judge T Michael Putnam on
6/16/2017. (KAM) (Entered: 06/16/2017)
06/16/2017
1281
DISCOVERY ORDER No. 54 denying 1232 Subscriber pla's Motion to
Compel supplemental production custodians. Signed by Magistrate Judge T
Michael Putnam on 6/16/2017. (KAM) Modified on 6/16/2017 (KAM, ).
(Entered: 06/16/2017)
06/16/2017
1282
TEXT ORDER re 1066 Motion to Clarify Discovery Order No. 45.
Following discussions with the parties during the telephone conference held
on June 15, 2017, the motion hereby is MOOT. Signed by Magistrate Judge
T Michael Putnam on June 16, 2017. (AMP) (Entered: 06/16/2017)
218
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 218 of 509
06/19/2017
1283
Transcript of Proceedings held on June 15, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/10/2017. Redacted Transcript Deadline set for 7/20/2017.
Release of Transcript Restriction set for 9/17/2017. (Attachments: # 1
certification) (KAM, ) (Entered: 06/19/2017)
06/19/2017
1284
STATUS REPORT of Liaison Counsel Regarding 30(b)(6) Topics for
Standard of Review Discovery by Plaintiffs' Liaison Counsel. filed by
Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered: 06/19/2017)
06/19/2017
1285
DISCOVERY ORDER NO. 55 granting 1273 Motion to set timeline for
plaintiffs to indentify documents for standard of review depositions. Signed
by Magistrate Judge T Michael Putnam on 6/19/2017. (KAM, ) (Entered:
06/19/2017)
06/20/2017
1286
ORDER overruling 1251 Objection to Discovery Order No 51 by
Defendants' Counsel ; Status Conference set for 10/5/2017 09:00 AM before
Judge R David Proctor.The Special Master will provide a call in number for
the conference. On or before Friday, September 29, 2017, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference, including a briefing schedule on
anticipated motions for class certification. Signed by Judge R David Proctor
on 6/20/20017. (KAM, ) (Entered: 06/20/2017)
06/20/2017
1287
DISCOVERY ORDER NO. 56 granting 1241 Motion to Compel certain
defendants to produce structured data relating to total claims expense per
group per year during the class period as set out in this order; data shall be
produced to the Subscriber Plaintiffs within 30 days. Signed by Magistrate
Judge T Michael Putnam on 6/20/2017. (KAM) (Entered: 06/20/2017)
06/20/2017
1288
MOTION to Amend/Correct 1285 Order on Motion for Miscellaneous Relief
and Status Report regarding 30(b)(6) Topics for Standard of Review
Depositions by Anthem, BCBSFL, BCBSNC, and BCBSSC by Defendants'
Counsel. (Attachments: # 1 Exhibit A− M. Jones email, # 2 Text of Proposed
Order)(Hoover, Craig) (Entered: 06/20/2017)
06/20/2017
1289
STATUS REPORT Regarding 30(b)(6) Topics for Standard of Review
Depositions and Motion to Amend Discovery Order No. 55 by Health Care
Service Corporation, Highmark Inc., Blue Shield of California. filed by
Health Care Service Corporation, Highmark Inc., Blue Shield of California
(Zolner, Erica) (Entered: 06/20/2017)
06/20/2017
1290
STATUS REPORT for BCBS Michigan regarding 30(b)(6) Topics for
Standard of Review Depositions by Defendants' Counsel. filed by
Defendants' Counsel (Attachments: # 1 Exhibit A)(Campbell, Andrew)
219
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 219 of 509
(Entered: 06/20/2017)
06/20/2017
1291
STATUS REPORT Report of Capital BlueCross Regarding 30(b)(6) Topics
for Standard of Review Deposition and Joinder in Motion to Amend
Discovery Order No. 55 by Defendants' Counsel. filed by Defendants'
Counsel (Payne, Joshua) (Entered: 06/20/2017)
06/20/2017
1292
TEXT ORDER re 1288 Report for Anthem, BCBSFL, BCBSSC, and
BCBSNC Regarding 30(b)(6) Topics for Standard of Review Depositions
and Motion to Amend Discovery Order No. 55. Any response to the Motion
is due by no later than 10:00 a.m. CDT on Thursday, June 22, 2017. Signed
by Magistrate Judge T Michael Putnam on June 20, 2017. (AMP) (Entered:
06/20/2017)
06/20/2017
1293
STATUS REPORT Report of CareFirst, Inc., CareFirst of Maryland, Inc.,
Group Hospitalization and Medical Services, Inc., and CareFirst
BlueChoice, Inc. Regarding 30(b)(6) Topics for Standard of Review
Depositions and Notice of Joinder in Motion to Amend Discovery Order 55
by Defendants' Counsel. filed by Defendants' Counsel (Norman, Brian)
(Entered: 06/20/2017)
06/20/2017
1294
STATUS REPORT for BCBS Tennessee Regarding 30(b)(6) Topics for
Standard of Review Depositions by Defendants' Counsel. filed by
Defendants' Counsel (Kennedy, Lauren) (Entered: 06/20/2017)
06/21/2017
1295
Consent MOTION to Amend/Correct Discovery Order No. 55 by
Defendants' Counsel. (Attachments: # 1 Text of Proposed Order)(Hoover,
Craig) (Entered: 06/21/2017)
06/22/2017
1296
ORDER AMENDED DISCOVERY ORDER NO 55. Signed by Magistrate
Judge T Michael Putnam on 6/22/2017. (KAM, ) (Entered: 06/22/2017)
06/23/2017
1297
MOTION to Quash or Modify Provider Plaintiffs' Subpoenas to BCS
Financial Corporation and BCS Insurance Company or, in the Alterntaive,
Motion for Protective Order by Defendants' Counsel. (Attachments: # 1 Text
of Proposed Order)(Campbell, Andrew) (Entered: 06/23/2017)
06/23/2017
1298
MOTION to Quash Provider Plaintiffs' Subpoenas to BCS Insurance
Company and BCS Financial Corporation or in the alternative Motion for
Protective Order by Blue Cross and Blue Shield of Alabama. (Given, Robert)
(Entered: 06/23/2017)
06/23/2017
1299
Consent MOTION to Amend/Correct 1287 Order on Motion to Compel,
Discovery Order No. 56 by Plaintiffs' Counsel. (Attachments: # 1 Text of
Proposed Order)(Lemmon, Andrew) (Entered: 06/23/2017)
06/23/2017
1300
RESPONSE to re 1235 Motion to Compel filed by BCS Financial
Corporation, BCS Insurance Company. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit
11)(Razzano, Susan) (Entered: 06/23/2017)
06/26/2017
1301
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT
The court ORDERS that the Special Master's application for payment is
approved as set out within. Signed by Judge R David Proctor on 6/26/17.
(SAC ) (Entered: 06/26/2017)
220
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 220 of 509
06/26/2017
1302
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT
The court ORDERS that the Special Master's application for payment is
approved as setout within. Signed by Judge R David Proctor on 6/26/17.
(SAC ) (Entered: 06/26/2017)
06/27/2017
1303
ORDER GRANTING 1299 Consent MOTION to Amend Discovery Order
No. 56 as set out herein. Signed by Judge R David Proctor on 6/27/2017.
(JLC) (Entered: 06/27/2017)
06/27/2017
1304
ORDER DENYING WITHOUT PREJUDICE Provider Plaintiffs' 1064
MOTION for Order Directing Provider Plaintiffs and Subscriber Plaintiffs to
Proceed on Separate Tracks for All Discovery Purposes. Signed by Judge R
David Proctor on 6/27/2017. (JLC) (Entered: 06/27/2017)
06/27/2017
1305
DEFENDANTS' MOTION to Compel Third Parties to Respond to
Subpoenas Before the Discovery Cut−off by Defendants' Counsel.
(Attachments: # 1 Exhibit 1 − 6/8/17 Hearing Transcript Excerpt, # 2 Exhibit
2 − 12/2/16 Subpoena to Cedars−Sinai, # 3 Exhibit 3 − 11/30/16 Subpoena to
Tenet Healthcare, # 4 Exhibit 4 − 1/31/17 Snavely Email to Owen, # 5
Exhibit 5 − 4/13/17 Salomon Letter to Owen, # 6 Exhibit 6 − 5/18/17
Salomon Letter to Owen, # 7 Exhibit 7 − 6/14/17 Salomon Letter to Owen, #
8 Exhibit 8 − 2/29/16 Subpoena to Viva Health, # 9 Exhibit 9 − 4/26/17
Salomon Letter to Ezelle)(Cottrell, Christa) Modified on 9/25/2017 (KAM, ).
(Entered: 06/27/2017)
06/28/2017
1306
MEMORANDUM OPINION. Signed by Judge R David Proctor on
6/28/2017. (KAM) (Entered: 06/28/2017)
06/28/2017
1307
ORDER in accordance with the accompanying memo opinion, denying 1187
Motion to Dismiss. Signed by Judge R David Proctor on 6/28/2017. (KAM)
(Entered: 06/28/2017)
06/28/2017
1308
ORDER Defendants are DIRECTED to certify, by no later than Friday, June
30, 2017, that non−parties who have not appeared in the CM/ECF filing
system for this case have been served with the motion. Along with the
certification, Defendants are DIRECTED to provide to the court the
appropriate service address for the non−parties targeted by the motion and, if
the non−parties are represented by counsel, the contact information for the
attorney(s) representing the non−parties.Signed by Magistrate Judge T
Michael Putnam on 6/28/2017. (KAM) (Entered: 06/28/2017)
06/28/2017
1309
RESPONSE in Opposition re 1298 MOTION to Quash Provider Plaintiffs'
Subpoenas to BCS Insurance Company and BCS Financial Corporation or in
the alternative Motion for Protective Order, 1297 MOTION to Quash or
Modify Provider Plaintiffs' Subpoenas to BCS Financial Corporation and
BCS Insurance Company or, in the Alterntaive, Motion for Protective Order
(Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
A, # 2 Exhibit B)(Whatley, Joe) (Entered: 06/28/2017)
06/29/2017
1310
TEXT ORDER finding as moot 849 Motion to Compel following the
Discovery Conference held June 29, 2017. Signed by Magistrate Judge T
Michael Putnam on June 29, 2017. (AMP) (Entered: 06/29/2017)
06/29/2017
1311
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B
221
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 221 of 509
of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended, unless otherwise ordered by the court. Signed by Magistrate Judge
T Michael Putnam on June 29, 2017. (AMP) (Entered: 06/29/2017)
06/29/2017
1312
CERTIFICATE OF SERVICE by Defendants' Counsel re 1305 MOTION to
Compel Third Parties to Respond to Subpoenas Before the Discovery
Cut−off Filed in Response to 1308 Order (Cottrell, Christa) (Entered:
06/29/2017)
06/29/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 6/29/2017: re 1235 , 1297 , 1298 ; argument
by counsel; hrg adj (Court Reporter Sabrina Lewis) (ASL) (Entered:
06/29/2017)
06/30/2017
1313
ORDER Setting Hearing on Motion 1305 MOTION to Compel Third Parties
to Respond to Subpoenas Before the Discovery Cut−off :The subpoena
targets, Viva Health, Cedars−Sinai Medical Center, Tenet Healthcare, the
University of North Carolina Health Care, and Adventist Health System, may
respond to the Motion to Compel no later than Friday, July 14, 2017. A reply
brief by the moving defendants, if any, is due Friday, July 21, 2017; Motion
Hearing set for 7/27/2017 01:00 PM before Magistrate Judge T Michael
Putnam.. Signed by Magistrate Judge T Michael Putnam on 6/30/2017.
(KAM, ) (Entered: 06/30/2017)
07/05/2017
1314
MOTION for Disclosure Subscriber Plaintiffs' Motion to Require Known
Witness Disclosure by July 25, 2017 by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 07/05/2017)
07/05/2017
1315
MOTION for Extension of Time to Complete Production of Documents
Pursuant to Provider Plaintiffs' Supplemental Search Terms by Blue Cross
and Blue Shield of Alabama. (Malatesta, John) (Entered: 07/05/2017)
07/06/2017
1316
RESPONSE in Opposition re 1314 MOTION for Disclosure Subscriber
Plaintiffs' Motion to Require Known Witness Disclosure by July 25, 2017
filed by Defendants' Counsel. (Hoover, Craig) (Entered: 07/06/2017)
07/06/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 7/6/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 07/06/2017)
07/06/2017
1317
DISCOVERY ORDER No. 57 − granting in part and denying in part 1235
Motion to Compel as further set out in this order; finding as moot 1297
Motion to Quash; finding as moot 1298 Motion to Quash. Signed by
Magistrate Judge T Michael Putnam on 7/6/2017. (KAM, ) (Entered:
07/06/2017)
07/06/2017
1318
STIPULATION of Dismissal of Claims of Plaintiffs Heritage Medical
Partners, LLC; John Clifton Crosby, M.D.; and Wini Hamilton, D.C. Without
Prejudice (Joint) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley,
Joe) (Entered: 07/06/2017)
07/07/2017
1319
ORDER granting in part and denying in part 1314 Motion for Disclosure;
granting 1315 Motion for Extension of Time. Signed by Magistrate Judge T
222
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 222 of 509
Michael Putnam on 7/7/2017. (KAM, ) (Entered: 07/07/2017)
07/07/2017
1320
ORDER OF DISMISSAL in accordance with the stipulation of the parties,
the claims of plaintiffs Heritage Medical Partners, LLC, Jon Clifton Crosby,
MD and Wini Hamilton DC shall be and are DISMISSED WITHOUT
PREJUDICE; the parties to bear their own costs, expenses and atty fees.
Signed by Judge R David Proctor on 7/7/2017. (KAM, ) (Entered:
07/07/2017)
07/10/2017
1321
Blue Cross and Blue Shield Association's ANSWER to Complaint with Jury
Demand (Provider Track's Fourth Amended Consolidated Class Action
Complaint) by Defendants' Counsel.(Zott, David) (Entered: 07/10/2017)
07/10/2017
1322
Independence Hospital Indemnity Plan, Inc.'s Answer and Affirmative
Defenses ANSWER to Complaint with Jury Demand (Provider Track's
Fourth Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Adcox, Rachel) (Entered: 07/10/2017)
07/10/2017
1323
ANSWER to Complaint with Jury Demand by Health Care Service
Corporation, Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of
Montana, Inc..(Zeiger, Jeffrey) (Entered: 07/10/2017)
07/10/2017
1324
Premera Blue Cross's Answer and Affirmative Defenses to Consolidated
Fourth Amended Provider Complaint ANSWER to Complaint with Jury
Demand by Premera Blue Cross.(Payton, Gwendolyn) (Entered: 07/10/2017)
07/11/2017
1325
Transcript of Proceedings held on June 29, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205)
278−2065. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017.
Release of Transcript Restriction set for 10/9/2017. (MRR, ) (Entered:
07/11/2017)
07/11/2017
1326
Transcript of Proceedings held on 7/6/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/1/2017. Redacted Transcript Deadline set for 8/11/2017.
223
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 223 of 509
Release of Transcript Restriction set for 10/9/2017. (Attachments: # 1
certification) (KAM, ) (Entered: 07/11/2017)
07/12/2017
1327
MOTION Plaintiffs' Motion to Impose Deadline For BCBSAL To Produce
Documents Responsive To Discovery Order No. 41 Search Terms by
Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 07/12/2017)
07/12/2017
1328
Wellmark's ANSWER to Complaint with Jury Demand (Provider Track's
Fourth Amended Consolidated Class Action Complaint) by Defendants'
Counsel.(Zott, David) (Entered: 07/12/2017)
07/12/2017
1329
Highmark Inc.'s Answer & Affirmative Defenses to Consolidated Fourth
Amended Provider Complaint ANSWER to Complaint with Jury Demand by
Highmark Inc..(West, Kimberly) (Entered: 07/12/2017)
07/12/2017
1330
Blue Shield of California's Answer & Affirmative Defenses to Consolidated
Fourth Amended Provider Complaint ANSWER to Complaint with Jury
Demand by Blue Shield of California.(West, Kimberly) (Entered:
07/12/2017)
07/12/2017
1331
Defendant CareFirst, Inc.'s Answer and Affirmative Defenses to
Consolidated Fourth Amended Provider Complaint ANSWER to Complaint
with Jury Demand by Defendants' Counsel.(Norman, Brian) (Entered:
07/12/2017)
07/12/2017
1332
Defendant CareFirst of Maryland, Inc.'s Answer and Affirmative Defenses to
Consolidated Fourth Amended Provider Complaint ANSWER to Complaint
with Jury Demand by Defendants' Counsel.(Norman, Brian) (Entered:
07/12/2017)
07/12/2017
1333
Defendant General Hospitalization and Medical Services, Inc.'s Answer and
Affirmative Defenses to Consolidated Fourth Amended Provider Complaint
ANSWER to Complaint with Jury Demand by Defendants'
Counsel.(Norman, Brian) (Entered: 07/12/2017)
07/12/2017
1334
ANSWER TO Providers' Consoliated Fourth Amended Complaint by Blue
Cross Blue Shield Michigan. (Campbell, Andrew) Correcting docket − not a
motion) Modified on 7/13/2017 (KAM). (Entered: 07/12/2017)
07/12/2017
1335
Answer to Consol 4th Amended Complaint ANSWER to Complaint with Jury
Demand by Blue Cross Blue Shield Michigan.(Campbell, Andrew) (Entered:
07/12/2017)
07/12/2017
1336
ANSWER to Complaint Blue Cross and Blue Shield of Alabama's Answer
and Affirmative Defenses to Consolidated Fourth Amended Provider
Complaint by Blue Cross and Blue Shield of Alabama.(Burkhalter, Carl)
(Entered: 07/12/2017)
07/12/2017
1337
ANSWER to Complaint with Jury Demand BlueCross BlueShield of
Tennessee, Inc.'s Answer and Affirmative Defenses to Consolidated Fourth
Amended Provider Complaint by Defendants' Counsel.(DeMasi, Karin)
(Entered: 07/12/2017)
07/13/2017
1338
MOTION for Leave to File Excess Pages Plaintiffs' Expedited Motion To
Extend Page Limit for Legal Standard of Review Briefs by Plaintiffs' Liaison
224
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 224 of 509
Counsel. (Attachments: # 1 Text of Proposed Order)(Ragsdale, Barry)
(Entered: 07/13/2017)
07/13/2017
1339
RESPONSE to Motion re 1338 MOTION for Leave to File Excess Pages
Plaintiffs' Expedited Motion To Extend Page Limit for Legal Standard of
Review Briefs filed by Defendants' Counsel. (Zott, David) (Entered:
07/13/2017)
07/13/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 7/13/2017. (Court Reporter Sabrina
Lewis) (ASL) (Entered: 07/13/2017)
07/13/2017
1340
MOTION to Compel Compliance with Rule 45 By Navigant Consulting, Inc.
(Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed
Order)(Brown, W) (Entered: 07/13/2017)
07/13/2017
1341
MOTION to Compel National Insurers to Produce Documents by
Defendants' Counsel. (Attachments: # 1 Exhibit A − Subpoena to Aetna, # 2
Exhibit B − 10/14/16 Stenerson Letter to Lipton, # 3 Exhibit C − 10/17/16
Stenerson Letter to Bial, # 4 Exhibit D − 1/19/17 Stenerson Letter to Lipton,
# 5 Exhibit E − 6/22/17 Lipton Email to Stenerson, # 6 Exhibit F − 6/27/17
McPhie Letter to Stenerson, # 7 Exhibit G − 5/30/17 Bush Letter to
Stenerson, # 8 Exhibit H − 7/10/17 Wilson Email to Stenerson, # 9 Exhibit I
− 8/9/16 Tompkins Letter to Stenerson)(Cottrell, Christa) (Entered:
07/13/2017)
07/13/2017
1345
SEALED MOTION − PROVIDER PLAINTIFFS MOTION TO ENFORCE
DISCOVERY ORDER NO. 44 OR, IN THE ALTERNATIVE, TO
COMPEL OPTUMINSIGHT, INC. TO PRODUCE CLAIMS DATA FOR
THE 20072009 TIME PERIOD (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)(KAM, ) (Entered: 07/14/2017)
07/14/2017
1342
ORDER granting 1338 Motion for Leave to File Excess Pages; It is
ORDERED as follows: (1) The page limit for opening legal standard of
review briefs due July 17, 2017 is increased to 50 pages; (2) The page limit
for responsive briefs due August 14, 2017 is increased to 50 pages; and (3)
The page limit for reply briefs due August 28, 2017 is increased to 20 pages.
Signed by Judge R David Proctor on 7/14/2017. (KAM) (Entered:
07/14/2017)
07/14/2017
1343
TEXT ORDER re 1340 Provider Plaintiffs' MOTION to Compel Compliance
with Rule 45 By Navigant Consulting, Inc. Any response to the motion is due
by Friday, July 21, 2017. Movant's reply, if any, is due no later than Tuesday,
July 25, 2017. Argument on the motion will be heard at the Discovery Status
Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of
the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge
T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July
14, 2017. (AMP) (Entered: 07/14/2017)
07/14/2017
1344
TEXT ORDER re 1341 Certain Defendants' MOTION to Compel National
Insurers to Produce Documents. Any response to the motion is due by Friday,
July 21, 2017. Movant's reply, if any, is due no later than Tuesday, July 25,
2017. Argument on the motion will be heard at the Discovery Status
225
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 225 of 509
Conference set for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of
the Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge
T Michael Putnam. Signed by Magistrate Judge T Michael Putnam on July
14, 2017. (AMP) (Entered: 07/14/2017)
07/14/2017
1346
TEXT ORDER re 1345 Provider Plaintiffs' Motion to Enforce Discovery
Order No. 44 or, in the Alternative, to Compel OptumInsight, Inc., to
Produce Claims Data for the 2007−2009 Time Period. Any response to the
motion is due by Friday, July 21, 2017. Movant's reply, if any, is due no later
than Tuesday, July 25, 2017. Argument on the motion will be heard at the
Discovery Status Conference set for Thursday, July 27, 2017, at 1:00 PM in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T Michael
Putnam on July 14, 2017. (AMP, ) (Entered: 07/14/2017)
07/14/2017
1347
RESPONSE in Opposition re 1305 MOTION to Compel Third Parties to
Respond to Subpoenas Before the Discovery Cut−off and Motion to Quash
filed by Adventist Health System Sunbelt Healthcare Corporation,
Cedars−Sinai Medical Center, Tenet Healthcare, University of North
Carolina Health Care System. (Attachments: # 1 Exhibit Ex 1 Owen
Declaration, # 2 Exhibit Ex 1 − A1, # 3 Exhibit Ex 1 − A2, # 4 Exhibit Ex 1
− A3, # 5 Exhibit Ex 1 − A4, # 6 Exhibit Ex 1 − A5, # 7 Exhibit Ex 1 − A6, #
8 Exhibit Ex 1 − A7, # 9 Exhibit Ex 1 − A8, # 10 Exhibit Ex 1 − A9, # 11
Exhibit Ex 1 − A10, # 12 Exhibit Ex 1 − A11, # 13 Exhibit Ex 1 − A12, # 14
Exhibit Ex 1 − A13, # 15 Exhibit Ex 1 − A14, # 16 Exhibit Ex 1 − A15, # 17
Exhibit Ex 1 − A16, # 18 Exhibit Ex 1 − A17, # 19 Exhibit Ex 1 − A18, # 20
Exhibit Ex 1 − A19, # 21 Exhibit Ex 1 − A20, # 22 Exhibit Ex 1 − A21, # 23
Exhibit Exhibit 2 McCaffery Declaration, # 24 Exhibit Exhibit 3 Jordan
Declaration, # 25 Exhibit Exhibit 4 Trott Declaration, # 26 Exhibit Exhibit 5
Ridgell Declaration, # 27 Exhibit Exhibit 6 Parrott Declaration)(Brady, P)
(Entered: 07/14/2017)
07/17/2017
1348
SUBSCRIBER PLAINTIFFS' MOTION for Partial Summary Judgment by
Subscriber Plaintiffs by Plaintiffs' Counsel. (Hellums, Christopher) Modified
on 9/25/2017 (KAM, ). (Entered: 07/17/2017)
07/17/2017
1349
***Document Sealed − Defendant's Brief in support of their Motion for
Summary Judgment on plaintiffs' Section 1, Per Se, and Quick Look Claims
and Certain Exhibits (Attachments: # 1 Exhibit 4, # 2 Exhibit 14, # 3 Exhibit
32, # 4 Exhibit 33, # 5 Exhibit 34, # 6 Exhibit 37, # 7 Exhibit 38, # 8 Exhibit
41, # 9 Exhibit 42, # 10 Exhibit 43, # 11 Exhibit 44, # 12 Exhibit 45, # 13
Exhibit 47, # 14 Exhibit 48, # 15 Exhibit 49, # 16 Exhibit 50, # 17 Exhibit
51, # 18 Exhibit 52, # 19 Exhibit 53, # 20 Exhibit 54, # 21 Exhibit 55, # 22
Exhibit 56, # 23 Exhibit 58, # 24 Exhibit 59, # 25 Exhibit 60, # 26 Exhibit
61, # 27 Exhibit 64, # 28 Exhibit 67, # 29 Exhibit 70, # 30 Exhibit 72, # 31
Exhibit 79, # 32 Exhibit 82, # 33 Exhibit 86, # 34 Exhibit 88, # 35 Exhibit
92, # 36 Exhibit 93., # 37 Exhibit 95, # 38 Exhibit 97, # 39 Exhibit 104, # 40
Exhibit 107, # 41 Exhibit 110, # 42 Exhibit 112, # 43 Exhibit 119, # 44
Exhibit 122, # 45 Exhibit 123, # 46 Exhibit 124, # 47 Exhibit 125) (KAM)
(Entered: 07/17/2017)
07/17/2017
1350
PROVIDER PLAINTIFFS' SEALED MOTION − Provider Plaintiffs' Motion
for Partial Summary Judgment. (Attachments: # 1 Exhibit A, # 2 1, # 3 2, # 4
226
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 226 of 509
3, # 5 4, # 6 5, # 7 6, # 8 7, # 9 8, # 10 9, # 11 10, # 12 11, # 13 12, # 14 13, #
15 14, # 16 15, # 17 16, # 18 17, # 19 18, # 20 19, # 21 20, # 22 21, # 23 22,
# 24 23, # 25 24)(KAM, ) (Additional attachment(s) added on 7/18/2017: #
26 Exhibit B, # 27 Exhibit C, # 28 Exhibit D, # 29 Exhibit E, # 30 Exhibit F,
# 31 Exhibit G, # 32 Exhibit H, # 33 Exhibit I, # 34 Exhibit J, # 35 Exhibit K,
# 36 Exhibit L, # 37 Exhibit M, # 38 Exhibit N, # 39 Exhibit O, # 40 Exhibit
P, # 41 Exhibit Q, # 42 Exhibit R, # 43 Exhibit S, # 44 Exhibit T, # 45
Exhibit U, # 46 Exhibit V, # 47 Exhibit W, # 48 Exhibit X, # 49 Exhibit Y, #
50 Exhibit Z, # 51 Exhibit AA, # 52 Exhibit BB, # 53 Exhibit CC, # 54
Exhibit DD, # 55 Exhibit EE, # 56 Exhibit FF, # 57 Exhibit GG, # 58 Exhibit
HH) (KAM, ). Modified on 9/25/2017 (KAM, ). (Entered: 07/17/2017)
07/17/2017
1351
***Document Sealed − Subscriber Plaintiffs' Memorandum of Points and
Authorities in support of Subscriber Plaintiffs' Motion for Partial Summary
Judgment on the Application of the Per Se Rule. (KAM) ) [Should not be
unsealed. Contains privileged content that was clawed back pursuant to the
Courts order (Dkt. 1485). The revised sealed version of this filing can be
found at Dkt. 2575.] Modified on 5/27/2020 (KAM). (Entered: 07/17/2017)
07/17/2017
1352
***Document Sealed − Subscriber Plaintiffs' Evidentiary Submission in
support of it's Motion for Partial Summary Judgment on the Application of
the Per Se Rule (KAM) (Additional attachment(s) added on 8/14/2017: # 1
Exhibit 1−1, # 2 Exhibit 1−2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6
Exhibit 5, # 9 Exhibit 6−1, # 10 Exhibit 6−2, # 11 Exhibit 7, # 12 Exhibit 8, #
13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit
13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22
Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit
22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31
Exhibit 27, # 32 Exhibit 28, # 33 Exhibit 29, # 34 Exhibit 30) (KAM, ).
(Additional attachment(s) added on 8/14/2017: # 35 Exhibit 31, # 36 Exhibit
32, # 37 Exhibit 33, # 38 Exhibit 34, # 39 Exhibit 35, # 40 Exhibit 36, # 41
Exhibit 37, # 42 Exhibit 38−1, # 43 Exhibit 38−2, # 44 Exhibit 39, # 45
Exhibit 40, # 46 Exhibit 41, # 47 Exhibit 42, # 48 Exhibit 43, # 49 Exhibit
44, # 50 Exhibit 45, # 51 Exhibit 46, # 52 Exhibit 47, # 53 Exhibit 48, # 54
Exhibit 49, # 55 Exhibit 50, # 56 Exhibit 51, # 57 Exhibit 52, # 58 Exhibit
53, # 59 Exhibit 54, # 60 Exhibit 55, # 61 Exhibit 56, # 62 Exhibit 57, # 63
Exhibit 58, # 64 Exhibit 59, # 65 Exhibit 60, # 66 Exhibit 61, # 67 Exhibit
62, # 68 Exhibit 63, # 69 Exhibit 64, # 70 Exhibit 65, # 71 Exhibit 66, # 72
Exhibit 67, # 73 Exhibit 68, # 74 Exhibit 69, # 75 Exhibit 70, # 76 Exhibit
71, # 77 Exhibit 72, # 78 Exhibit 73, # 79 Exhibit 74, # 80 Exhibit 75)
(KAM, ). (Additional attachment(s) added on 8/15/2017: # 81 Exhibit 76, #
82 Exhibit 77, # 83 Exhibit 78, # 84 Exhibit 79, # 85 Exhibit 80, # 86 Exhibit
81, # 87 Exhibit 82, # 88 Exhibit 83, # 89 Exhibit 84, # 90 Exhibit 85, # 91
Exhibit 86, # 92 Exhibit 87, # 93 Exhibit 88, # 94 Exhibit 89, # 95 Exhibit
90, # 96 Exhibit 91, # 97 Exhibit 92, # 98 Exhibit 93, # 99 Exhibit 94, # 100
Exhibit 95, # 101 Exhibit 96, # 102 Exhibit 97, # 103 Exhibit 98, # 104
Exhibit 99, # 105 Exhibit 100−1, # 106 Exhibit 100−2, # 107 Exhibit 101, #
108 Exhibit 102, # 109 Exhibit 103, # 110 Exhibit 104, # 111 Exhibit 105)
(KAM, ). (Additional attachment(s) added on 8/15/2017: # 112 Exhibit 106,
# 113 Exhibit 107, # 114 Exhibit 108, # 115 Exhibit 109, # 116 Exhibit 110,
# 117 Exhibit 111, # 118 Exhibit 112, # 119 Exhibit 113, # 120 Exhibit 114,
# 121 Exhibit 115, # 122 Exhibit 116, # 123 Exhibit 117, # 124 Exhibit 118,
227
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 227 of 509
# 125 Exhibit 119, # 126 Exhibit 120, # 127 Exhibit 121, # 128 Exhibit 122,
# 129 Exhibit 123, # 130 Exhibit 124, # 131 Exhibit 125, # 132 Exhibit 126,
# 133 Exhibit 127, # 134 Exhibit 128, # 135 Exhibit 129, # 136 Exhibit 130,
# 137 Exhibit 131, # 138 Exhibit 132, # 139 Exhibit 133, # 140 Exhibit 134,
# 141 Exhibit 135, # 142 Exhibit 136, # 143 Exhibit 137, # 144 Exhibit 138,
# 145 Exhibit 139, # 146 Exhibit 140, # 147 Exhibit 141, # 148 Exhibit 142,
# 149 Exhibit 143, # 150 Exhibit 144, # 151 Exhibit 145, # 152 Exhibit 146,
# 153 Exhibit 147, # 154 Exhibit 148, # 155 Exhibit 149, # 156 Exhibit 150)
(KAM, ). (Additional attachment(s) added on 8/17/2017: # 157 Exhibit 151,
# 158 Exhibit 152, # 159 Exhibit 153, # 160 Exhibit 154, # 161 Exhibit 155,
# 162 Exhibit 156, # 163 Exhibit 157, # 164 Exhibit 159, # 165 Exhibit 160,
# 166 Exhibit 161, # 167 Exhibit 162, # 168 Exhibit 163, # 169 Exhibit 164,
# 170 Exhibit 165, # 171 Exhibit 166, # 172 Exhibit 167−1, # 173 Exhibit
167−2, # 174 Exhibit 168, # 175 Exhibit 169, # 176 Exhibit 170−1, # 177
Exhibit 170−2, # 178 Exhibit 171, # 179 Exhibit 172, # 180 Exhibit 173, #
181 Exhibit 174, # 182 Exhibit 175, # 183 Exhibit 176, # 184 Exhibit 177, #
185 Exhibit 178, # 186 Exhibit 179, # 187 Exhibit 180, # 188 Exhibit 181, #
189 Exhibit 182, # 190 Exhibit 183, # 191 Exhibit 184, # 192 Exhibit 185, #
193 Exhibit 186, # 194 Exhibit 187, # 195 Exhibit 188, # 196 Exhibit 189, #
197 Exhibit 190) (KAM, ). (Additional attachment(s) added on 8/17/2017: #
198 Exhibit 191, # 199 Exhibit 192, # 200 Exhibit 193, # 201 Exhibit 194, #
202 Exhibit 195, # 203 Exhibit 196, # 204 Exhibit 197, # 205 Exhibit 198, #
206 Exhibit 199, # 207 Exhibit 200, # 208 Exhibit 201, # 209 Exhibit 202, #
210 Exhibit 203, # 211 Exhibit 204, # 212 Exhibit 205, # 213 Exhibit 206
[Should not be unsealed. Contains privileged content and is subject to the
Court's claw back order (Dkt.1485)], # 214 Exhibit 207, # 215 Exhibit 208, #
216 Exhibit 209, # 217 Exhibit 210, # 218 Exhibit 211, # 219 Exhibit 212, #
220 Exhibit 213, # 221 Exhibit 214 [Exhibit withdrawn and should not be
unsealed], # 222 Exhibit 215, # 223 Exhibit 216, # 224 Exhibit 217) (KAM,
). (Additional attachment(s) added on 8/18/2017: # 225 Exhibit 218, # 226
Exhibit 219, # 227 Exhibit 220, # 228 Exhibit 221, # 229 Exhibit 222, # 230
Exhibit 223) (KAM, ). Modified on 5/27/2020 (KAM, ). (Entered:
07/17/2017)
07/17/2017
1353
DEFENDANTS' MOTION for Summary Judgment on Plaintiffs' Section 1,
Per Se, and Quick Look Claims by Defendants' Counsel. (Attachments: # 1
Brief in Support of the Motion, # 2 Exhibit Index, # 3 Exhibit Slip Sheet
Regarding Sealed Exhibits, # 4 Exhibit 1 Part 1, # 5 Exhibit 1 Part 2, # 6
Exhibit 1 Part 3, # 7 Exhibit 2 Part 1, # 8 Exhibit 2 Part 2, # 9 Exhibit 3, # 10
Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7 Part 1, # 14 Exhibit 7
Part 2, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10, # 18 Exhibit 11, # 19
Exhibit 12, # 20 Exhibit 13, # 21 Exhibit 15 Part 1, # 22 Exhibit 15 Part 2, #
23 Exhibit 16, # 24 Exhibit 17, # 25 Exhibit 18, # 26 Exhibit 19 Part 1, # 27
Exhibit 19 Part 2, # 28 Exhibit 20 Part 1, # 29 Exhibit 20 Part 2, # 30 Exhibit
21, # 31 Exhibit 22 Part 1, # 32 Exhibit 22 Part 2, # 33 Exhibit 22 Part 3, # 34
Exhibit 22 Part 4, # 35 Exhibit 23, # 36 Exhibit 24 Part 1, # 37 Exhibit 24
Part 2, # 38 Exhibit 25 Part 1, # 39 Exhibit 25 Part 2, # 40 Exhibit 25 Part 3,
# 41 Exhibit 25 Part 4, # 42 Exhibit 26 Part 1, # 43 Exhibit 26 Part 2, # 44
Exhibit 26 Part 3, # 45 Exhibit 27, # 46 Exhibit 28 Part 1, # 47 Exhibit 28
Part 2, # 48 Exhibit 29, # 49 Exhibit 30, # 50 Exhibit 31, # 51 Exhibit 32, #
52 Exhibit 35, # 53 Exhibit 36, # 54 Exhibit 39, # 55 Exhibit 40, # 56 Exhibit
46, # 57 Exhibit 57, # 58 Exhibit 62, # 59 Exhibit 63, # 60 Exhibit 65, # 61
228
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 228 of 509
Exhibit 66, # 62 Exhibit 68, # 63 Exhibit 69, # 64 Exhibit 71, # 65 Exhibit
73, # 66 Exhibit 74, # 67 Exhibit 75, # 68 Exhibit 76, # 69 Exhibit 77, # 70
Exhibit 78, # 71 Exhibit 80 Part 1, # 72 Exhibit 80 Part 1, # 73 Exhibit 81, #
74 Exhibit 83, # 75 Exhibit 84, # 76 Exhibit 85, # 77 Exhibit 87, # 78 Exhibit
89, # 79 Exhibit 90, # 80 Exhibit 91, # 81 Exhibit 94, # 82 Exhibit 96, # 83
Exhibit 98, # 84 Exhibit 99, # 85 Exhibit 100, # 86 Exhibit 101, # 87 Exhibit
102, # 88 Exhibit 103, # 89 Exhibit 105, # 90 Exhibit 106, # 91 Exhibit 108,
# 92 Exhibit 109, # 93 Exhibit 111, # 94 Exhibit 113, # 95 Exhibit 114 Part 1,
# 96 Exhibit 114 Part 1, # 97 Exhibit 115, # 98 Exhibit 116, # 99 Exhibit 117,
# 100 Exhibit 118, # 101 Exhibit 120, # 102 Exhibit 121, # 103 Exhibit 126,
# 104 Exhibit 127)(Zott, David) Modified on 9/25/2017 (KAM, ). (Entered:
07/17/2017)
07/18/2017
1354
TEXT ORDER granting 1327 Plaintiffs' Motion to Impose Deadline for
BCBSAL to Produce Documents Responsive to Discovery Order No. 41
Search Terms. The Motion is GRANTED insofar as Blue Cross Blue Shield
of Alabama shall produce responsive documents by August 9, 2017.
Production, however, should be made prior to the deadline where possible.
Signed by Magistrate Judge T Michael Putnam on July 18, 2017. (AMP)
(Entered: 07/18/2017)
07/18/2017
1355
MOTION to Withdraw as Attorney by Premera Blue Cross. (Wilson, Erin)
(Entered: 07/18/2017)
07/18/2017
1356
MOTION to Compel Provider Plaintiffs' Motion to Compel Defendant Blue
Cross and Blue Shield of Alabama to Produce Blue Cross Studies and Data
from the Blue Cross Liability Database by Plaintiffs' Counsel. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11
Exhibit K, # 12 Exhibit L)(Whatley, Joe) (Entered: 07/18/2017)
07/18/2017
1357
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney Erin M. Wilson. 1355 The Motion 1355 is GRANTED. The
Clerk of the Court is directed to terminate attorney Erin M. Wilson. Signed
by Judge R David Proctor on 7/18/2017. (KAM, ) (Entered: 07/18/2017)
07/18/2017
1358
TEXT ORDER re 1356 Provider Plaintiffs' Motion to Compel Defendant
Blue Cross and Blue Shield of Alabama to Produce Blue Cross Cost Studies
and Data from the Blue Cross Liability Database. Any response to the
Motion is due by July 25, 2017. No reply briefs will be accepted. Oral
argument on the Motion will be heard at the Discovery Status Conference set
for Thursday, July 27, 2017, at 1:00 PM in Courtroom 3B of the Hugo L
Black US Courthouse, Birmingham, AL before Magistrate Judge T Michael
Putnam. Signed by Magistrate Judge T Michael Putnam on July 18, 2017.
(AMP, ) (Entered: 07/18/2017)
07/18/2017
1359
NOTICE by Adventist Health System Sunbelt Healthcare Corporation,
Cedars−Sinai Medical Center, Tenet Healthcare, University of North
Carolina Health Care System re 1347 Response in Opposition to Motion,,,, of
Filing Signed Declaration and Notice of Correction of Typographical Error
(Attachments: # 1 Exhibit Revised Ex. 4 − Signed Decl. of S. Trott)(Brady,
P) (Entered: 07/18/2017)
07/19/2017
1362
229
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 229 of 509
***Document Sealed − Provider Plaintiffs' Notice of Filing Substitute
Exhibits (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit F) (KAM)
(Entered: 07/20/2017)
07/20/2017
1360
Transcript of Proceedings held on July 13, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone number (205)
278−2065. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/10/2017. Redacted Transcript Deadline set for 8/20/2017.
Release of Transcript Restriction set for 10/18/2017. (MRR, ) (Entered:
07/20/2017)
07/20/2017
1361
NOTICE by Defendants' Counsel re 1305 MOTION to Compel Third Parties
to Respond to Subpoenas Before the Discovery Cut−off (Cottrell, Christa)
(Entered: 07/20/2017)
07/21/2017
1363
RESPONSE to Motion re 1341 MOTION to Compel National Insurers to
Produce Documents filed by CIGNA Health and Life Insurance Company.
(Weller, Christopher) (Entered: 07/21/2017)
07/21/2017
1364
RESPONSE to Motion re 1341 MOTION to Compel National Insurers to
Produce Documents filed by AETNA, Inc.. (Attachments: # 1 Exhibit
Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4,
# 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit
Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit
11)(Wells, H) (Entered: 07/21/2017)
07/21/2017
1365
NOTICE by Plaintiffs' Counsel re 1340 MOTION to Compel Compliance
with Rule 45 By Navigant Consulting, Inc. (Provider Plaintiffs) (Brown, W)
(Entered: 07/21/2017)
07/21/2017
1366
REPLY Brief filed by Defendant Defendants' Counsel re: 1305 MOTION to
Compel Third Parties to Respond to Subpoenas Before the Discovery
Cut−off filed by Defendants' Counsel. (Attachments: # 1 Exhibit A −
7/18/2017 Snavely Email to Owen, # 2 Exhibit B − 7/20/2017 Owen Letter to
Snavely)(Cottrell, Christa) (Entered: 07/21/2017)
07/21/2017
1367
RESPONSE in Opposition re 1341 MOTION to Compel National Insurers to
Produce Documents filed by UnitedHealth Group Incorporated.
(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)(Robertson, Douglas) (Entered: 07/21/2017)
07/21/2017
1368
RESPONSE to Motion re 1345 SEALED MOTION to Enforce Discovery
Order No. 44, or in the alternative, to compel Optuminsight Inc. to Produce
Claims Data for the 2007−2009 Time Period filed by Blue Cross Blue Shield
Michigan. (Campbell, Andrew) (Entered: 07/21/2017)
230
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 230 of 509
07/21/2017
1369
RESPONSE in Support re 1341 MOTION to Compel National Insurers to
Produce Documents Provider Plaintiffs' Response In Support of Certain
Defendants' Motion to Compel National Insurers to Produce Documents filed
by Plaintiffs' Counsel. (Sheehan, Patrick) (Entered: 07/21/2017)
07/21/2017
1370
RESPONSE in Opposition re 1341 MOTION to Compel National Insurers to
Produce Documents Opposition of Non−Party Humana Inc. to Certain
Defendants' Motion to Compel National Insurers to Produce Documents filed
by Humana Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, #
3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit
Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9,
# 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, #
13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16
Exhibit Exhibit 16)(Turner, Sara) (Entered: 07/21/2017)
07/21/2017
1371
MOTION to Withdraw as Attorney by Humana Inc.. (Turner, Sara) (Entered:
07/21/2017)
07/21/2017
1372
NOTICE of Appearance by Christie A Moore on behalf of Humana Inc.
(Moore, Christie) (Entered: 07/21/2017)
07/21/2017
1373
***Document Sealed − Non−Party Health Care Cost Institute, Inc's
Memorandum of Law in Opposition to Provider Plaintiffs' Motion to Enforce
Discovery Order 44, or in the alternative, to compel Optuminsight, Inc to
Produce Claims Data for the 2007 − 2009 Time Period (KAM) (Entered:
07/24/2017)
07/21/2017
1374
***Document Sealed − Opposition of Non−Party Optuminsight, Inc to
Provider Plaintiffs' Motion to Enforce Discovery Order No. 44, or, in the
alternative, to compel Optuminsignt Inc to produce claims data for the 2007
− 2009 Time Period (KAM) (Entered: 07/24/2017)
07/24/2017
1375
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed on behalf of attorney John K. Bush. 1371 The Motion 1371 is
GRANTED. The Clerk of the Court is directed to terminate attorney John K.
Bush. Signed by Judge R David Proctor on 7/24/2017. (KAM) (Entered:
07/24/2017)
07/25/2017
1376
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT −
the application for payment for serviced rendered 6/1/2017 − 6/30/2017
relating solely for services provided to the plaintiffs; payment is hereby
approved, with one−half of the billing for common projects, plus the billing
that=s specific only to Subscriber Track projects, or $28,850.00, to be paid by
the Subscriber Track and one−half of the billing for common projects, plus
the billing that=s specific only to Provider Track projects, or $18,850.00, to
be paid by the Provider Track, from their Common Benefit monies. Signed
by Judge R David Proctor on 7/25/2017. (KAM) (Entered: 07/25/2017)
07/25/2017
1377
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT −
granting the application of the Special Master for payment for serviced
rendered 6/1/2017 − 6/30/2017 as it relates to both sides; the Special Master's
application for payment is hereby approved, with: (i) one−half, or $4,750.00,
to be paid by the Defendants; and (ii) one−fourth, or $2,375.00, to be paid by
the Subscriber Track, and one−fourth, or $2,375.00, to be paid by the
Provider Track, from their Common Benefit monies. Signed by Judge R
231
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 231 of 509
David Proctor on 7/25/2017. (KAM, ) (Entered: 07/25/2017)
07/25/2017
1378
MOTION to Seal Document 1368 Response to Motion, by Optuminsight,
Inc.. (Robertson, Douglas) (Entered: 07/25/2017)
07/25/2017
1379
REPLY to Response to Motion re 1341 MOTION to Compel National
Insurers to Produce Documents filed by Defendants' Counsel. (Cottrell,
Christa) (Entered: 07/25/2017)
07/25/2017
1380
RESPONSE to Motion re 1356 MOTION to Compel Provider Plaintiffs'
Motion to Compel Defendant Blue Cross and Blue Shield of Alabama to
Produce Blue Cross Studies and Data from the Blue Cross Liability
Database filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
(Entered: 07/25/2017)
07/25/2017
1382
***Document Sealed − REPLY OF NON−PARTY OPTUMINSIGHT, INC.
TODEFENDANTS RESPONSE TO PROVIDER PLAINTIFFS MOTION
TOENFORCE DISCOVERY ORDER NO. 44 OR, IN THE
ALTERNATIVE,TO COMPEL OPTUMINSIGHT, INC. TO PRODUCE
CLAIMS DATAFOR THE 2007−2009 TIME PERIOD (KAM) (Entered:
07/26/2017)
07/26/2017
1381
TEXT ORDER re 1378 Motion to Seal Document 1368 Response to Motion,
by OptumInsight, Inc. Having reviewed the Motion and the document
OptumInsight wishes to place under seal, the court sees no reason to deviate
from its general disinclination to seal documents. Accordingly, the Motion of
Non−Party OptumInsight, Inc. to Place Doc. 1368 Under Seal is DENIED.
Signed by Magistrate Judge T Michael Putnam on July 26, 2017. (AMP)
(Entered: 07/26/2017)
07/26/2017
1383
STATUS REPORT on Supplemental Disclosures on behalf of Subscriber
Plaintiffs by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums,
Christopher) (Entered: 07/26/2017)
07/27/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 7/27/2017: arguments by counsel, re
MOTIONS 1053 , 1305 , 1341 , 1345 & 1356 ; hrg adj (Court Reporter Lindy
Fuller) (ASL) (Entered: 07/27/2017)
07/28/2017
1384
NOTICE of Appearance by P Michael Yancey on behalf of Plaintiffs'
Counsel (Yancey, P) (Entered: 07/28/2017)
07/28/2017
1385
ORDER re 1345 SEALED MOTION filed by Plaintiffs' Counsel ; by no later
than August 9, 2017, the provider plaintiffs, defendants, and OptumInsight
are DIRECTED to file a report (jointly or separately) informing the court
whether OptumInsight is capable of calculating and providing, consistent
with HIPAA, the duration of time between the date of medical service and
the date the service provider was paid for that service by the insurer; Also by
August 9, 2017, the provider plaintiffs and defendants, together, will propose
to OptumInsight up to three vendors they believe to be capable of extracting
from OptumInsights data archives the data at issue for 2007 to 2009. Signed
by Magistrate Judge T Michael Putnam on 7/28/2017. (KAM) (Entered:
07/28/2017)
07/28/2017
1386
232
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 232 of 509
DISCOVERY ORDER no. 58 granting in part and denying in part 1356
Motion to Compel. Signed by Magistrate Judge T Michael Putnam on
7/28/2017. (KAM, ) (Entered: 07/28/2017)
07/31/2017
1387
MOTION to Keep Sealed Certain Exhibits to the Standard of Review Briefs
re 1350 SEALED MOTION, 1348 MOTION for Partial Summary Judgment
by Subscriber Plaintiffs, 1353 MOTION for Summary Judgment on
Plaintiffs' Section 1, Per Se, and Quick Look Claims by Defendants' Counsel.
(Attachments: # 1 Appendix A: Exhibits That Defendants Request Remain
Sealed)(Zott, David) (Entered: 07/31/2017)
07/31/2017
1388
MOTION Maintain Seal on Select Exhibits re 1349 Document Sealed,,,, by
Plaintiffs' Counsel. (Stokes, Tammy) (Entered: 07/31/2017)
07/31/2017
1389
MOTION Maintain the Seal on Certain Documents Relating to Motions for
Summary Judgment re 1350 SEALED MOTION, 1353 MOTION for
Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims
(Provider Plaintiffs) by Plaintiffs' Counsel. (Brown, W) Corrected version
filed −Modified on 8/1/2017 (KAM, ). (Entered: 07/31/2017)
07/31/2017
1390
MOTION to Maintain the Seal on Certain Documents Relating to Motions
for Summary Judgment re 1350 SEALED MOTION, 1353 MOTION for
Summary Judgment on Plaintiffs' Section 1, Per Se, and Quick Look Claims
(Corrected) (Provider Plaintiffs) by Plaintiffs' Counsel. (Brown, W)
(Entered: 07/31/2017)
08/01/2017
1391
DISCOVERY ORDER NO. 59− granting 1341 Motion to Compel and
Discovery Order No. 44 is AMENDED to the extent: Parties wishing to have
access to the documents and data produced by Aetna, Humana, and United
shall pay, according to their own agreement to split costs, a $100,000.00,
good−faith deposit to each of those insurers; Upon payment of the deposit
and agreement with the parties on discovery methodology and search terms,
Aetna, Humana, and United are DIRECTED to begin making rolling
productions. Productions shall be completed by September 1, 2017; in all
other respects, the defendants motion is DENIED. Signed by Magistrate
Judge T Michael Putnam on 8/1/2017.(KAM) (Entered: 08/01/2017)
08/01/2017
1392
PROVIDER PLAINTIFFS' MOTION for Partial Summary Judgment Against
Anthem, Inc. Regarding Issues Decided in United States v. Anthem (Provider
Plaintiffs) by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Part 1, # 2
Exhibit A − Part 2, # 3 Exhibit A − Part 3, # 4 Exhibit B − Part 1, # 5 Exhibit
B − Part 2)(Whatley, Joe) Modified on 9/25/2017 (KAM, ). (Entered:
08/01/2017)
08/01/2017
1393
DISCOVERY ORDER No. 60. Signed by Magistrate Judge T Michael
Putnam on 8/1/2017. (KAM) (Entered: 08/01/2017)
08/02/2017
1394
TEXT ORDER − This matter is before the court on the recent Motions
and/or Requests to maintain the seal on certain documents recently filed
under seal in connection with briefing on the appropriate standard of review.
1387 1388 1390 The Clerk of the Court is directed to terminate these
Motions/Requests. 1387 1388 1390 The parties may respond, and the court
will expect the Seal Team's report, pursuant to the Revised Sealing
Procedures 758 in due course. Signed by Judge R David Proctor on 8/2/2017.
(KAM) (Entered: 08/02/2017)
233
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 233 of 509
08/03/2017
1395
SEALED MOTION − Subscriber and Provider Plaintiffs' Motion
Challenging Assertion of Privilege Over Document Produced by Defendant
BSC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(KAM) (Entered:
08/03/2017)
08/03/2017
1396
Transcript of Proceedings held on 7/27/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Lindy M. Fuller. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/24/2017. Redacted Transcript Deadline set for 9/3/2017.
Release of Transcript Restriction set for 11/1/2017. (KAM, ) (Entered:
08/03/2017)
08/04/2017
1397
TEXT ORDER: This matter is before the court on the Provider Plaintiffs'
Motion for Partial Summary Judgment Regarding Issues Decided in United
States v. Anthem. 1392 Unless the parties otherwise agree on a briefing
schedule for the Motion, any response SHALL be filed no later than
twenty−one (21) calendar days after the date the Motion was filed. (However,
if the due date falls on a weekend or court holiday, the due date shall be the
next business day). Any reply SHALL be filed no later than fourteen (14)
calendar days after the date on which the responsive brief is filed. Signed by
Judge R David Proctor on 8/4/17. (SAC ) (Entered: 08/04/2017)
08/04/2017
1398
MOTION to Withdraw as Attorney by Defendants' Counsel. (Hoffman,
Donald) (Entered: 08/04/2017)
08/07/2017
1399
TEXT ORDER GRANTING 1398 MOTION to Withdraw as Attorney.
Attorney D Bruce Hoffman terminated. Signed by Judge R David Proctor on
8/7/2017. (JLC) (Entered: 08/07/2017)
08/08/2017
1400
MOTION to Withdraw by Regions Bank. (Pennington, James) (Entered:
08/08/2017)
08/08/2017
1401
***FILED UNDER SEAL*** MOTION Challenging Assertion of Privilege
Over Document Produced by Defendant BCBS−KS. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(JLC) (Entered:
08/08/2017)
08/08/2017
1402
TEXT ORDER−This matter is before the court on the Motion to Withdraw
filed on behalf of attorneys James C. Pennington and M. Tae Phillips. 1371
The Motion 1371 is GRANTED. The Clerk of the Court is directed to
terminate attorneys Pennington and Phillips. If necessary, the parties are
directed to serve any future papers regarding non−party Regions Bank on its
registered agent for service of process. Signed by Judge R David Proctor on
8/8/2017. (JLC) (Entered: 08/08/2017)
08/09/2017
1403
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on Thursday, August 24, 2017, at 1:00 PM in Courtroom
234
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 234 of 509
3B of the Hugo L Black US Courthouse, Birmingham, AL before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on August 9, 2017.
(AMP) (Entered: 08/09/2017)
08/09/2017
1404
TEXT ORDER−This matter is before the court on the Motion to Withdraw
filed on behalf of attorneys James C. Pennington and M. Tae Phillips. 1400
The Motion 1400 is GRANTED. The Clerk of the Court is directed to
terminate attorneys Pennington and Phillips. If necessary, the parties are
directed to serve any future papers regarding non−party Regions Bank on its
registered agent for service of process. Signed by Judge R David Proctor on
8/9/2017. (KAM) (Entered: 08/09/2017)
08/09/2017
1405
STATUS REPORT Regarding OptumInsight, Inc., Data by Blue Cross Blue
Shield Michigan. filed by Blue Cross Blue Shield Michigan (Campbell,
Andrew) (Entered: 08/09/2017)
08/10/2017
1406
ORDER the parties' joint request to extend the briefing schedule for the
standard of review briefs is GRANTED: The parties responsive briefs are due
on August 18, 2017; The parties reply briefs are due on September 1, 2017.
Signed by Judge R David Proctor on 8/10/2017. (KAM) (Entered:
08/10/2017)
08/10/2017
1407
ORDER re the parties proposed briefing schedule as to 1392 MOTION for
Partial Summary Judgment Against Anthem, Inc. Regarding Issues Decided
in United States v. Anthem (Provider Plaintiffs) filed by Plaintiffs' Counsel;
the parties request is granted; Any responses in opposition to Provider
Plaintiffs motion are due by August 30, 2017; Provider Plaintiffs reply is due
by September 21, 2017. Signed by Judge R David Proctor on 8/10/2017.
(KAM) (Entered: 08/10/2017)
08/10/2017
1408
TEXT ORDER − This case is before the court on Subscriber Plaintiffs'
amended Sealed Evidentiary Submission in support of their Motion for
Partial Summary 1348 . The Clerk is DIRECTED to REMOVE the
originally filed exhibits in support of Subscriber Plaintiffs' Motion 1352 and
to SUBSTITUTE the reduced size exhibits in the amended
submission.Signed by Judge R David Proctor on 8/10/2017. (KAM)
(Entered: 08/10/2017)
08/10/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 8/10/2017. (Court Reporter Julie
Martin) (ASL) (Entered: 08/10/2017)
08/10/2017
1409
MOTION to Compel Subscriber Plaintiffs' Motion to Compel Prime
Therapeutics LLC to Produce Documents by Plaintiffs' Counsel, Plaintiffs'
Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of
Proposed Order)(Ragsdale, Barry) (Entered: 08/10/2017)
08/10/2017
1410
SEALED MOTION − Subscriber Plaintiffs' Motion to Compel Prime
Therapeutics LLC to Produce Documents. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Proposed Order)(KAM) (Entered: 08/11/2017)
08/10/2017
1411
SEALED MOTION − Subscriber Plaintiffs' motion to compel defendants to
provide substantive answers or specific Bates number References to answer
235
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 235 of 509
interrogatory no. 9. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhbiit D, # 5 Exhibit E)(KAM, ) (Entered: 08/11/2017)
08/11/2017
1412
DISCOVERY ORDER No. 61 − granting 1053 Motion for Reconsideration;
Discovery Order No. 44 is MODIFIED to eliminate any requirement that
HCCI produce or procure the production of claims data; rather, that data is
now being obtained under a subpoena to OptumInsight. The subpoena to
HCCI for claims data is hereby QUASHED. In all other respects Discovery
Order No. 44 remains in full force and effect; OptumInsight shall respond, by
not later than Friday, August 18, 2017, to the proposals made by Provider
Plaintiffs and Defendants for engaging vendors capable of extracting 2007 to
2009 claims data from archival sources at OptumInsight, providing a good
faith estimate of the costs it will incur and a timeline for beginning and
completing the process of extracting such claims data. Signed by Magistrate
Judge T Michael Putnam on 8/11/2017. (KAM) (Entered: 08/11/2017)
08/14/2017
1413
MOTION to Compel /Enforce This Court's Previous Order by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order)(Whatley, Joe)
(Entered: 08/14/2017)
08/14/2017
1414
MOTION for Protective Order by Blue Cross and Blue Shield of Alabama.
(Burkhalter, Carl) (Entered: 08/14/2017)
08/14/2017
1415
Brief Opposing Seal on Summary Judgment Materials. (Attachments: # 1
Appendix I, # 2 Appendix II, # 3 Appendix III, # 4 Appendix IV, # 5
Appendix V)(Stokes, Tammy) (Entered: 08/14/2017)
08/14/2017
1416
***Document Sealed − Subscriber Plaintiffs' OPPOSITION to defendants'
request to maintain seal on materials filed in connection with the Parties'
Standard of Review Summary Judgment filings (Attachments: # 1 App I, # 2
App II, # 3 App III, # 4 App IV, # 5 App V) (KAM) (Entered: 08/15/2017)
08/15/2017
1417
APPEAL OF MAGISTRATE JUDGE DECISION to District Court ( Rule 72
Objection to Discovery Order no. 60) by Cedars−Sinai Medical Center re
1393 Order (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, #
5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Brady, P) Modified
8/16/2017 (KAM) (Entered: 08/15/2017)
08/16/2017
1418
ORDER the following motions will be heard at the Discovery Status
Conference set for 8/24/2017 at 1:00 p.m.; 1395 pla' motion challenging
assertion of privilege over document produced by dft BSC; 1401 plas' motion
challenging assertion of privilege over document produced by dft BCBS−KS;
1411 subscriber plas' motion to compel; 1413 plas' motion to enforce
previous order; 1414 dft BCBS of Alabama's motion for protective order;
Any written responses to these motions are due no later than Monday, August
21, 2017, and shall comply with the parameters set out in the Order
Amending Discovery Order No. 1 483 ; 1409 subscriber plas' motion to
compel will be heard during the discovery telephone conference on
8/31/2017 at 3:00 p.m.; any response is due by 8/28/2017. Signed by
Magistrate Judge T Michael Putnam on 8/16/2017. (KAM, ) (Entered:
08/16/2017)
08/16/2017
1419
Transcript of Proceedings held on August 10, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone number
236
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 236 of 509
(205) 278−2066. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/6/2017. Redacted Transcript Deadline set for 9/16/2017.
Release of Transcript Restriction set for 11/14/2017. (MRR, ) (Entered:
08/16/2017)
08/16/2017
1420
NOTICE by Plaintiffs' Counsel re 1411 SEALED MOTION Notice of
Withdrawal as to Certain Defendants (Hellums, Christopher) (Entered:
08/16/2017)
08/16/2017
1425
***Document Sealed − STATUS REPORT regarding Optuminsight, Inc
Data (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (KAM) (Entered:
08/18/2017)
08/17/2017
1421
NOTICE of Appearance by Syndey L Schneider on behalf of Highmark Inc.,
Highmark West Virginia Inc., Highmark BCBSD Inc. (Schneider, Syndey)
(Entered: 08/17/2017)
08/17/2017
1422
MOTION to Compel Subscriber Plaintiffs' Motion to Compel Blue Cross
Blue Shield of Alabama and Its Subsidiaries to Produce Documents by
Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. (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)(Ragsdale, Barry) (Entered:
08/17/2017)
08/17/2017
1423
NOTICE of Appearance by Casey R Fronk on behalf of Blue Shield of
California (Fronk, Casey) (Entered: 08/17/2017)
08/17/2017
1424
MOTION to Quash Document Subpoenas to Subsidiaries by Blue Cross and
Blue Shield of Alabama. (Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, #
3 Exhibit A−3, # 4 Exhibit A−4)(Burkhalter, Carl) (Entered: 08/17/2017)
08/17/2017
1426
SEALED MOTION − Provider Plaintiffs' MOTION to COMPEL Blue Cross
and Blue Shield of Alabama to produce financial documents. (Attachments: #
1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(KAM, ) (Entered:
08/18/2017)
08/17/2017
1427
SEALED MOTION − Subscriber Plaintiffs' MOTION to COMPEL Blue
Cross Blue Shield of Alabama and it subsidiaries to produce documents.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(KAM) (Entered: 08/18/2017)
08/18/2017
1428
***Document Sealed − NOTICE of filing EXHIBITS under seal in
SUPPORT of Blue Cross and Blue Shield of Alabama's Omnibus MOTION
to QUASH document subpoenas to Subsidiaries (Attachments: # 1 Exhibit
A−1, # 2 Exhibit A−2, # 3 Exhibit A−3) (KAM, ) (Entered: 08/18/2017)
237
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 237 of 509
08/18/2017
1429
RESPONSE to Motion re 1350 SEALED MOTION, 1348 MOTION for
Partial Summary Judgment by Subscriber Plaintiffs filed by Defendants'
Counsel. (Attachments: # 1 Exhibit Index, # 2 Exhibit Slip Sheet Regarding
Sealed Exhibits, # 3 Exhibit 129, # 4 Exhibit 130, # 5 Exhibit 131, # 6
Exhibit 132, # 7 Exhibit 133 Part 1, # 8 Exhibit 133 Part 2, # 9 Exhibit 134, #
10 Exhibit 135, # 11 Exhibit 138 Part 1, # 12 Exhibit 138 Part 2, # 13 Exhibit
138 Part 3, # 14 Exhibit 138 Part 4, # 15 Exhibit 138 Part 5, # 16 Exhibit 139
Part 1, # 17 Exhibit 139 Part 2, # 18 Exhibit 140, # 19 Exhibit 143, # 20
Exhibit 148, # 21 Exhibit 150, # 22 Exhibit 151, # 23 Exhibit 152, # 24
Exhibit 153, # 25 Exhibit 154 Part 1, # 26 Exhibit 154 Part 2, # 27 Exhibit
155, # 28 Exhibit 156, # 29 Exhibit 157, # 30 Exhibit 158)(Zott, David)
(Entered: 08/18/2017)
08/18/2017
1430
NOTICE by Plaintiffs' Liaison Counsel re 1401 SEALED MOTION Notice
of Joinder of Challenge to Defendant Highmark's Clawback Request to
Plaintiffs' Pending Motion Challenging Assertion of Privilege over Document
Produced by Defendant BCBS−KS (Ragsdale, Barry) (Entered: 08/18/2017)
08/18/2017
1431
***Document Sealed − PROVIDER Plaintiffs' RESPONSE to Defendants'
MOTION For SUMMARY JUDGMENT (Attachments: # 1 Exhibit II, # 2
Exhibit 25, # 3 Exhibit 26, # 4 Exhibit 27, # 5 Exhibit 28, # 6 Exhibit 29, # 7
Exhibit 30, # 8 Exhibit 31, # 9 Exhibit 32, # 10 Exhibit 33, # 11 Exhibit 34, #
12 Exhibit 35, # 13 Exhibit 36, # 14 Exhibit 37, # 15 Exhibit 38, # 16 Exhibit
39, # 17 Exhibit 40, # 18 Exhibit 41) (KAM) (Additional attachment(s) added
on 8/30/2017: # 19 Exhibit 42 part 1, # 20 Exhibit 42 −Part 2, # 21 Exhibit 42
Part 3, # 22 Exhibit 42 −Part 4, # 23 Exhibit 42 Part 5) (KAM, ). (Additional
attachment(s) added on 8/30/2017: # 24 Exhibit 43, # 25 Exhibit 44, # 26
Exhibit 45, # 27 Exhibit 46, # 28 Exhibit 47, # 29 Exhibit JJ, # 30 Exhibit
KK, # 31 Exhibit LL, # 32 Exhibit MM, # 33 Exhibit NN, # 34 Exhibit OO, #
35 Exhibit PP, # 36 Exhibit QQ, # 37 Exhibit RR, # 38 Exhibit SS, # 39
Exhibit TT, # 40 Exhibit UU, # 41 Exhibit VV, # 42 Exhibit WW, # 43
Exhibit XX, # 44 Exhibit YY, # 45 Exhibit ZZ) (KAM, ). (Additional
attachment(s) added on 8/30/2017: # 46 Exhibit AAA, # 47 Exhibit BBB, #
48 Exhibit CCC, # 49 Exhibit DDD, # 50 Exhibit EEE, # 51 Exhibit FFF, #
52 Exhibit GGG, # 53 Exhibit HHH, # 54 Exhibit III, # 55 Exhibit JJJ, # 56
Exhibit KKK, # 57 Exhibit LLL, # 58 Exhibit MMM, # 59 Exhibit NNN, #
60 Exhibit OOO, # 61 Exhibit PPP, # 62 Exhibit QQQ, # 63 Exhibit RRR, #
64 Exhibit SSS, # 65 Exhibit TTT, # 66 Exhibit UUU, # 67 Exhibit VVV, #
68 Exhibit WWW, # 69 Exhibit XXX, # 70 Exhibit YYY, # 71 Exhibit ZZZ)
(KAM, ). (Additional attachment(s) added on 10/17/2017: # 72 Exhibit
AAAA, # 73 Exhibit BBBB, # 74 Exhibit CCCC, # 75 Exhibit DDDD, # 76
Exhibit EEEE, # 77 Exhibit FFFF, # 78 Exhibit GGGG, # 79 Exhibit HHHH,
# 80 Exhibit IIII, # 81 Exhibit JJJJ, # 82 Exhibit KKKK, # 83 Exhibit LLLL,
# 84 Exhibit MMMM, # 85 Exhibit NNNN, # 86 Exhibit OOOO, # 87
Exhibit PPPP, # 88 Exhibit QQQQ, # 89 Exhibit RRRR, # 90 Exhibit SSSS,
# 91 Exhibit TTTT, # 92 Exhibit UUUU, # 93 Exhibit VVVV part 1, # 94
Exhibit VVVV part 2, # 95 Exhibit VVVV part 3, # 96 Exhibit WWWW, #
97 Exhibit XXXX, # 98 Exhibit YYYY, # 99 Exhibit ZZZZ, # 100 Exhibit
AAAAA, # 101 Exhibit BBBBB, # 102 Exhibit CCCCC, # 103 Exhibit
DDDDD, # 104 Exhibit EEEEE, # 105 Exhibit FFFFF, # 106 Exhibit
GGGGG, # 107 Exhibit HHHHH, # 108 Exhibit IIIII, # 109 Exhibit JJJJJ)
(KAM, ). (Entered: 08/21/2017)
238
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 238 of 509
08/18/2017
1432
***Document Sealed − Defendants' RESPONSE to Plaintiffs' MOTIONS for
PARTIAL SUMMARY JUDGMENT (KAM) (Entered: 08/21/2017)
08/18/2017
1433
***Document Sealed − Notice of filing EXHIBITS to Defendants'
RESPONSE to Plaintiffs' MOTION FOR PARTIAL SUMMARY
JUDGMENT (Attachments: # 1 Exhibit 128, # 2 Exhibit 131, # 3 Exhibit
135, # 4 Exhibit 136, # 5 Exhibit 137, # 6 Exhibit 141, # 7 Exhibit 142, # 8
Exhibit 144, # 9 Exhibit 145, # 10 Exhibit 146, # 11 Exhibit 147, # 12
Exhibit 149, # 13 Exhibit 150, # 14 Exhibit 159) (KAM, ) (Entered:
08/21/2017)
08/18/2017
1434
SUBSCRIBER PLAINTIFFS' SEALED MOTION − Subscriber Plaintiffs'
MOTION for PARTIAL SUMMARY JUDGMENT on Defendants'
"SINGLE ENTITY" Defense. (KAM) Modified on 9/25/2017 (KAM, ).
(Entered: 08/21/2017)
08/18/2017
1435
***Document Sealed − Memorandum of Points and Authorities in
OPPOSITION to Defendants' MOTION for SUMMARY JUDGMENT on
Section 1, per se, and Quick Look Claims AND in support of Subscriber
plaintiffs' MOTION for PARTIAL SUMMARY JUDGMENT on defendants'
"Single Entity" Defense (KAM) (Entered: 08/21/2017)
08/18/2017
1436
***Document Sealed − Evidentiary Submission for memorandum of points
and authorizes in OPPOSITION to defendants' MOTION for SUMMARY
JUDGMENT on Section 1, per se and Quick Look Claims AND in
SUPPORT of Subscriber plaintiffs' MOTION for PARTIAL SUMMARY
JUDGMENT on defendants' "Single Entity' Defense (Attachments: # 1
Exhibit 224 part 1, # 2 Exhibit 224 part 2, # 3 Exhibit 225, # 4 Exhibit 226, #
5 Exhibit 227, # 6 Exhibit 228, # 7 Exhibit 229, # 8 Exhibit 230, # 9 Exhibit
231, # 10 Exhibit 232, # 11 Exhibit 233, # 12 Exhibit 234, # 13 Exhibit 235,
# 14 Exhibit 236, # 15 Exhibit 237, # 16 Exhibit 238 part 1, # 17 Exhibit 238
part 2, # 18 Exhibit 239, # 19 Exhibit 240, # 20 Exhibit 241, # 21 Exhibit
242, # 22 Exhibit 243, # 23 Exhibit 244, # 24 Exhibit 245, # 25 Exhibit 246,
# 26 Exhibit 247, # 27 Exhibit 248, # 28 Exhibit 249, # 29 Exhibit 250, # 30
Exhibit 251, # 31 Exhibit 252 part 1, # 32 Exhibit 252 part 2, # 33 Exhibit
253, # 34 Exhibit 254, # 35 Exhibit 255, # 36 Exhibit 256, # 37 Exhibit 257,
# 38 Exhibit 258, # 39 Exhibit 259, # 40 Exhibit 260, # 41 Exhibit 261, # 42
Exhibit 262, # 43 Exhibit 263, # 44 Exhibit 264, # 45 Exhibit 265, # 46
Exhibit 266, # 47 Exhibit 267, # 48 Exhibit 268, # 49 Exhibit 269, # 50
Exhibit 270, # 51 Exhibit 271, # 52 Exhibit 272, # 53 Exhibit 273, # 54
Exhibit 274, # 55 Exhibit 275, # 56 Exhibit 276, # 57 Exhibit 277, # 58
Exhibit 278, # 59 Exhibit 279 part 1, # 60 Exhibit 279 part 2, # 61 Exhibit
279 part 3, # 62 Exhibit 279 part 4, # 63 Exhibit 280, # 64 Exhibit 281, # 65
Exhibit 282, # 66 Exhibit 283, # 67 Exhibit 284, # 68 Exhibit 285, # 69
Exhibit 286, # 70 Exhibit 287, # 71 Exhibit 288, # 72 Exhibit 289 part 1, # 73
Exhibit 289 part 2, # 74 Exhibit 290, # 75 Exhibit 291, # 76 Exhibit 292, # 77
Exhibit 293, # 78 Exhibit 294, # 79 Exhibit 295, # 80 Exhibit 296, # 81
Exhibit 297, # 82 Exhibit 298, # 83 Exhibit 299, # 84 Exhibit 300, # 85
Exhibit 301, # 86 Exhibit 302, # 87 Exhibit 303, # 88 Exhibit 304, # 89
Exhibit 305, # 90 Exhibit 306, # 91 Exhibit 307, # 92 Exhibit 308, # 93
Exhibit 309, # 94 Exhibit 310, # 95 Exhibit 311, # 96 Exhibit 312, # 97
Exhibit 313, # 98 Exhibit 314, # 99 Exhibit 315, # 100 Exhibit 316) (KAM, )
(Entered: 08/21/2017)
239
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 239 of 509
08/21/2017
1437
NOTICE by Plaintiffs' Counsel re 1411 SEALED MOTION Notice of
Withdrawal as to Certain Defendants (Hellums, Christopher) (Entered:
08/21/2017)
08/21/2017
1438
RESPONSE in Opposition re 1401 SEALED MOTION Challenging
Assertion of Privilege filed by Highmark BCBSD Inc., Highmark West
Virginia Inc.. (Attachments: # 1 Exhibit)(West, Kimberly) (Entered:
08/21/2017)
08/21/2017
1439
***Document Sealed − Defendants' OPPOSITION to Subscriber and
Provider Plaintiffs' MOTION Challenging Assertion of Privilege Over
Document Produced by Defendant BSC (KAM) (Entered: 08/21/2017)
08/21/2017
1440
SEALED MOTION − Partially unopposed MOTION for IN CAMERA
REVIEW of documents referenced in Defendants' OPPOSIITON to
Subscriber and Provider Plaintiffs' MOTION challenging assertion of
privilege over document produced by defendant BSC. (KAM) (Entered:
08/21/2017)
08/21/2017
1441
RESPONSE to Motion re 1413 MOTION to Compel /Enforce This Court's
Previous Order filed by Blue Cross and Blue Shield of Alabama.
(Burkhalter, Carl) (Entered: 08/21/2017)
08/21/2017
1442
RESPONSE in Opposition re 1414 MOTION for Protective Order filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 08/21/2017)
08/21/2017
1445
***Document Sealed − OPPOSITION of Blue Cross and Blue Shield of
Kansas to plaintiffs' MOTION challenging privilege (KAM) (Entered:
08/22/2017)
08/22/2017
1443
TEXT ORDER − This matter is before the court on Defendants' Partially
Unopposed Motion for In Camera Review. 1440 The Motion 1440 is
GRANTED. Defendants are directed to submit the referenced documents to
the court for in camera review. Signed by Judge R David Proctor on
8/21/2017. (KAM) (Entered: 08/22/2017)
08/22/2017
1444
NOTICE by Prime Therapeutics LLC re 1418 Order,,, (Lembke, Matthew)
(Entered: 08/22/2017)
08/22/2017
1446
MOTION to Seal BCBSAL's Motion to Keep Sealed Certain Exhibits to Its
Motion to Quash and to Plaintiffs' Motions to Compel by Blue Cross and
Blue Shield of Alabama. (Burkhalter, Carl) (Entered: 08/22/2017)
08/22/2017
1447
STATUS REPORT (Subscriber Plaintiffs' Status Report on Discovery Order
56 and Indicator 17E by Plaintiffs' Liaison Counsel. filed by Plaintiffs'
Liaison Counsel (Ragsdale, Barry) (Entered: 08/22/2017)
08/22/2017
1448
RESPONSE in Opposition re 1424 MOTION to Quash Document Subpoenas
to Subsidiaries filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered: 08/22/2017)
08/22/2017
1449
NOTICE by Plaintiffs' Counsel re 1411 SEALED MOTION Notice of
Withdrawal as to Certain Defendants (Hellums, Christopher) (Entered:
08/22/2017)
08/22/2017
1450
240
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 240 of 509
Opposition to Subscriber Plaintiffs' Motion to Compel Documents Belonging
to Subsidiaries and Affiliates filed by Blue Cross and Blue Shield of
Alabama. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4)(Burkhalter, Carl) (Entered: 08/22/2017)
08/22/2017
1451
Opposition to Provider Plaintiffs' Motion to Compel Production of Financial
Documents filed by Blue Cross and Blue Shield of Alabama. (Attachments: #
1 Exhibit 1, # 2 Exhibit 2)(Burkhalter, Carl) (Entered: 08/22/2017)
08/22/2017
1452
***Document Sealed − Subscriber plaintiffs' OPPOSITION to Blue Cross
Blue Shield of Alabama's MOTION to QUASH document subpoenas to
subsidiaries (Attachments: # 1 Exhibit A) (KAM) (Entered: 08/23/2017)
08/23/2017
1453
***Document Sealed − Notice of filing Exhibits in support of Blue Cross and
Blue Shield of Alabama's OPPOSITION 1451 to Provider Plaintiffs'
MOTION to COMPEL production of financial information (Attachments: # 1
Exhibit 2) (KAM) (Entered: 08/23/2017)
08/23/2017
1454
ORDER re 1444 Notice (Other) filed by Prime Therapeutics LLC ; The court
informed the parties in its order dated August 16, 2017, that the Subscriber
Plaintiffs motion directed at Prime Therapeutics would be heard during the
telephone conference scheduled for August 31, 2017. 1418 To that end,
Prime Therapeutics also will have an opportunity to respond to the
Subscriber Plaintiffs Motion to Compel Blue Cross and Blue Shield of
Alabama and Its Subsidiaries to Produce Documents during the telephone
conference. Signed by Magistrate Judge T Michael Putnam on 8/23/2017.
(KAM) (Entered: 08/23/2017)
08/23/2017
1455
Opposition to CORRECTED Opposition to Subscriber Plaintiffs' Motion to
Compel Documents Belonging to Subsidiaries and Affiliates filed by Blue
Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4)(Burkhalter, Carl) (Entered: 08/23/2017)
08/23/2017
1456
Opposition to CORRECTED Opposition to Provider Plaintiffs' Motion to
Compel Production of Financial Documents filed by Blue Cross and Blue
Shield of Alabama. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Burkhalter,
Carl) (Entered: 08/23/2017)
08/23/2017
1457
MOTION for Extension of Time to File Response/Reply as to 1431
Document Sealed, 1435 Document Sealed, Regarding Standard of Review by
Defendants' Counsel. (Zott, David) (Entered: 08/23/2017)
08/23/2017
1458
RESPONSE to re 1457 Defendants' Motion for An Extension of Time to File
Reply Briefs Regarding Standard of Review (Provider Plaintiffs) filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 08/23/2017)
08/23/2017
1459
ORDER − On or before September 1, 2017, the Seal Team SHALL meet and
confer on these issues and provide the court with recommendations for
improving the process. If the Seal Team desires a conference with the court
on those issues, that should be reflected in the report. Signed by Judge R
David Proctor on 8/23/2017. (KAM) (Entered: 08/23/2017)
08/23/2017
1460
***Document Sealed − Notice of filing Exhibit in support of Blue Cross and
Blue Shield of Alabama's Corrected OPPOSITION to Provider Plaintiffs'
MOTION to COMPEL production of financial information (Attachments: # 1
241
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 241 of 509
Exhibit 2) (KAM) (Entered: 08/23/2017)
08/23/2017
1461
ORDER Approving Special Master Invoice for Payment for expenses
occurred 7/1/2017 − 7/31/2017 solely to services provided to the plaintiffs
totally $45,000.00 to be disbursed as set out in this order. Signed by Judge R
David Proctor on 8/23/2017. (KAM, ) (Entered: 08/23/2017)
08/23/2017
1462
ORDER approving the Special Master invoice for payment for services
rendered and expenses incurred from 7/1/2017 − 7/31/2017 as it relates for
both sides totally $5,500.00. Signed by Judge R David Proctor on 8/23/2017.
(KAM, ) (Entered: 08/23/2017)
08/24/2017
1463
DEFENDANTS' SEALED MOTION − MOTION to COMPEL Provider
Plaintiffs' to Answer Discovery Requests filed by Defendant Blue Cross Blue
Shield of Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(KAM)
Modified on 9/25/2017 (KAM, ). (Entered: 08/24/2017)
08/24/2017
1464
ORDER granting in part and denying in part 1457 Motion for Extension of
Time to File Response/Reply ; the parties' reply briefs on the standard of
review SHALL be filed by 9/15/2017; the parties' request concerning the
deadline for filing class certification motions are DENIED WITHOUT
PREJUDICE. Signed by Judge R David Proctor on 8/24/2017. (KAM)
(Entered: 08/24/2017)
08/24/2017
Minute Entry for proceedings held before Judge R David Proctor and
Magistrate Judge T Michael Putnam: Discovery Status Conference held on
8/24/2017; Motions 1395 , 1401 , 1457 , 1411 , 1413 , 1422 , 1424 , 1426 ,
arguments by counsel; hrg adj (Court Reporter Teresa Roberson) (ASL)
(Entered: 08/24/2017)
08/25/2017
1465
***FILED UNDER SEAL*** STATUS REPORT REGARDING
OPTUMINSIGHT, INC. DATA. (Attachments: # 1 Exhibit 1) (JLC)
(Entered: 08/25/2017)
08/25/2017
1466
TEXT ORDER finding as moot 1411 Sealed Motion − Subscriber Plaintiffs'
Motion to Compel Defendants to Provide Answers to Interrogatory No. 9.
Subscriber Plaintiffs confirmed at the Discovery Conference held August 24,
2017, that the motion is MOOT. Signed by Magistrate Judge T Michael
Putnam on August 25, 2017. (AMP) (Entered: 08/25/2017)
08/25/2017
1467
ORDER Parties interested in obtaining OptumInsight, Inc.s (Optum) archived
data from the 2007−2009 time period are DIRECTED to inform the court,
during the Discovery Telephone Conference to be held on August 31, 2017,
whether they prefer to have an outside vendor or the Optum/HCCI team
compile the documents for production. Counsel for Optum also is
DIRECTED to attend the Discovery Telephone Conference on August 31,
2017, to discuss the pending issues. Signed by Magistrate Judge T Michael
Putnam on 8/25/17. (SAC ) (Entered: 08/25/2017)
08/28/2017
1468
STATUS REPORT Regarding Third Party Subpoenas by Plaintiffs' Counsel.
filed by Plaintiffs' Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Whatley, Joe) (Entered: 08/28/2017)
08/28/2017
1469
Transcript of Proceedings held on August 24, 2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be
242
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 242 of 509
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/18/2017. Redacted Transcript Deadline set for 9/28/2017.
Release of Transcript Restriction set for 11/26/2017. (KAM, ) (Entered:
08/28/2017)
08/28/2017
1470
DISCOVERY ORDER NO. 62 re: 1413 Motion to Compel; re: 1414 Motion
for Protective Order ;documents associated with these witnesses includes
only those documents BCBS−AL intends to offer into evidence through their
testimony. Such documents shall be produced to the plaintiffs as soon as
possible, but not later than September 15, 2017. Signed by Magistrate Judge
T Michael Putnam on 8/28/2017. (KAM, ) (Entered: 08/28/2017)
08/28/2017
1471
***Document Sealed − Subscriber Plaintiffs' Statement in Support of
Plaintiffs' MOTIONS To COMPEL (1) Prime Therapeutics and (2) Blue
Cross Blue Shield of Alabama and its subsidiaries (Attachments: # 1 Exhibit
A, # 2 Exhibit B) (KAM, ) (Entered: 08/28/2017)
08/28/2017
1472
CERTIFICATE OF SERVICE by Plaintiffs' Counsel, Plaintiffs' Liaison
Counsel (Ragsdale, Barry) (Entered: 08/28/2017)
08/28/2017
1473
Opposition to Subscriber Plaintiffs' Motion to Compel Relating to Prime
Therapeutics, Inc. filed by Blue Cross and Blue Shield of Alabama.
(Attachments: # 1 Exhibit A)(Priester, James) (Entered: 08/28/2017)
08/28/2017
1474
RESPONSE in Opposition re 1410 SEALED MOTION Subscriber Plaintiffs'
Motion to Compel Prime Therapeutics LLC to Produce Documents filed by
Prime Therapeutics LLC. (Attachments: # 1 Exhibit A)(Lembke, Matthew)
(Entered: 08/28/2017)
08/29/2017
1475
MOTION to Seal BCBSAL's Motion to Keep Sealed Certain Portions of
Subscriber Plaintiffs' Opposition to BCBSAL's Motion to Quash Document
Subpoenas to Subsidiaries by Blue Cross and Blue Shield of Alabama.
(Burkhalter, Carl) (Entered: 08/29/2017)
08/30/2017
1476
NOTICE by Prime Therapeutics LLC re 1474 Response in Opposition to
Motion of Filing Signed Declaration of Kyle Brua (Attachments: # 1 Exhibit
A)(Lembke, Matthew) (Entered: 08/30/2017)
08/30/2017
1477
MOTION for Protective Order ("Defendants' Motion To Supplement The
Qualified Protective Order To Correct An Inadvertent Typographical Error")
by Blue Cross Blue Shield Antitrust Litigation MDL 2406. (Kennedy,
Lauren) (Entered: 08/30/2017)
08/30/2017
1478
Brief re 1477 MOTION for Protective Order ("Defendants' Motion To
Supplement The Qualified Protective Order To Correct An Inadvertent
Typographical Error") ("Defendants' Brief In Support Of Their Motion To
Supplement The Qualified Protective Order To Correct An Inadvertent
243
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 243 of 509
Typographical Error") filed by Blue Cross Blue Shield Antitrust Litigation
MDL 2406. (Attachments: # 1 Text of Proposed Order)(Kennedy, Lauren)
(Entered: 08/30/2017)
08/30/2017
1479
RESPONSE to re 1468 Plaintiffs' Status Report Regarding Third−Party
Subpoenas filed by Blue Cross Blue Shield Michigan. (Campbell, Andrew)
(Entered: 08/30/2017)
08/30/2017
1480
DISCOVERY ORDER No. 63 granting in part and denying in part 1426
Sealed Motion to compel. Signed by Magistrate Judge T Michael Putnam on
8/30/2017. (KAM) (Entered: 08/30/2017)
08/30/2017
1481
RESPONSE in Opposition re 1392 MOTION for Partial Summary Judgment
Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem
(Provider Plaintiffs) filed by Defendants' Counsel. (Zott, David) (Entered:
08/30/2017)
08/30/2017
1482
RESPONSE in Opposition re 1392 MOTION for Partial Summary Judgment
Against Anthem, Inc. Regarding Issues Decided in United States v. Anthem
(Provider Plaintiffs) filed by Anthem, Inc.. (Attachments: # 1 Exhibit Index
and Exhibits 1 and 2)(Hoover, Craig) (Entered: 08/30/2017)
08/31/2017
1483
NOTICE of Appearance by Luther M Dorr, Jr on behalf of Blue Cross and
Blue Shield of Alabama (Dorr, Luther) (Entered: 08/31/2017)
08/31/2017
1484
NOTICE by Prime Therapeutics LLC re 1474 Response in Opposition to
Motion of Filing Amended Declaration of Kyle Brua (Attachments: # 1
Exhibit A)(Lembke, Matthew) (Entered: 08/31/2017)
08/31/2017
1485
MEMORANDUM OPINION AND ORDER granting 1395 Sealed Motion
Subscriber and Provider Plaintiffs Motion Challenging Assertion of Privilege
over Document Produced by Defendant BSC; denying 1401 Sealed Motion
Plaintiffs Motion Challenging BCBS−KSs Clawback of November 11, 2011
Blue Caucus Antitrust Compliance Document. Signed by Judge R David
Proctor on 8/31/2017. (KAM) (Entered: 08/31/2017)
08/31/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 8/31/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 08/31/2017)
09/01/2017
1486
MOTION to Seal of DCH Health Care Authority by Blue Cross Blue Shield
Antitrust Litigation MDL 2406. (Tompkins, Terri) (Entered: 09/01/2017)
09/01/2017
1487
NOTICE by Prime Therapeutics LLC re 1474 Response in Opposition to
Motion of Filing Signed Amended Declaration of Kyle Brua (Attachments: #
1 Exhibit A)(Lembke, Matthew) (Entered: 09/01/2017)
09/01/2017
1488
SUPPLEMENT TO QUALIFIED PROTECTIVE ORDER 550 . Signed by
Magistrate Judge T Michael Putnam on 9/1/2017. (KAM, ) (Entered:
09/01/2017)
09/01/2017
1489
TEXT ORDER−This matter is before the court on a request from Blue Cross
Blue Shield of Michigan to unseal its Motion to Compel Provider Plaintiffs to
Answer Discovery Requests 1463 , including the exhibits thereto. No request
was made to keep the document sealed, and the Blues' seal team
representative is apparently in agreement that the document should be
244
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 244 of 509
unsealed. Therefore, the Clerk of the Court is directed to UNSEAL
Document 1463 1463 , and its exhibits. Signed by Judge R David Proctor on
9/1/2017. (KAM, ) (Entered: 09/01/2017)
09/01/2017
1490
RESPONSE to re 1417 Cedars−Sinai Medical Center's Rule 72 Objection to
Discovery Order No. 60 filed by Defendants' Counsel. (Cottrell, Christa)
(Entered: 09/01/2017)
09/01/2017
1491
STATUS REPORT Seal Justification for Doc. # 1431, 1432, 1433, 1435, and
1436 by Defendants' Counsel. filed by Defendants' Counsel (Attachments: #
1 Appendix A − Exhibits to Unseal, # 2 Appendix B − Exhibits to Remain
Sealed)(Zott, David) (Entered: 09/01/2017)
09/01/2017
1492
Transcript of Proceedings held on 8/31/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/22/2017. Redacted Transcript Deadline set for 10/2/2017.
Release of Transcript Restriction set for 11/30/2017. (Attachments: # 1
certification page) (KAM, ) (Entered: 09/01/2017)
09/01/2017
1493
TEXT ORDER − This matter is before the court on the Motion of DCH
Health Care Authority to Seal Certain Exhibits. 1486 The Motion seeks to
retain the seal on relevant portions of DCH's corporate representative's
deposition which were designated by DCH counsel as Confidential−Outside
Counsel Only and filed by Defendants in opposition to Plaintiffs Motions for
Partial Summary Judgment. [1433−14] The relevant portions of the
deposition contain non−public, confidential information that could be of
substantial value to DCHs competitors. Because DCH is a non−party, and
because none of the parties object to the request for the deposition to remain
under seal, the Motion of DCH Health Care Authority to Seal Certain
Exhibits 1486 is GRANTED. The Deposition of DCH Health Care
Authority's Rule 30(b)(6) representative Nina Dusang [1433−14] will remain
under seal. Signed by Judge R David Proctor on 9/1/2017. (KAM) (Entered:
09/01/2017)
09/01/2017
1494
ORDER − due to a conflict with the court's schedule, the Discovery
Telephone Conference set for 9/7/2017 at 3:00 p.m. is RESET to the same
day at 11:00 AM before Magistrate Judge T Michael Putnam. Signed by
Magistrate Judge T Michael Putnam on 9/1/2017. (KAM) (Entered:
09/01/2017)
09/01/2017
1495
MOTION to Seal Provider Plaintiffs' Request to Maintain the Seal on
Certain Documents Relating to Their Opposition to the Defendants' Motion
for Summary Judgment by Plaintiffs' Counsel. (Brown, W) (Entered:
09/01/2017)
245
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 245 of 509
09/01/2017
1496
SUBSCRIBER PLAINTIFFS' MOTION for Protective Order re: Discovery
of 61 Non−Alabama Subscriber Plaintiffs by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Text of Proposed Order)(Hellums, Christopher) Modified on 9/25/2017
(KAM, ). (Entered: 09/01/2017)
09/01/2017
1497
MOTION to Seal Certain Exhibits to Provider Plaintiffs' Response to
Defendants' Motion for Summary Judgement by VIVA Health Inc.. (Ezelle,
Jay) (Entered: 09/01/2017)
09/01/2017
1498
MOTION to Seal Subscriber Plaintiffs' Request to Maintain Seal on Certain
Documents Relating to their Opposition to the Defendants' Motion for
Summary Judgment on Standard of Review by Plaintiffs' Counsel. (Guin,
David) (Entered: 09/01/2017)
09/05/2017
1499
DISCOVERY ORDER No. 64 GRANTING 1345 SEALED MOTION to
Enforce Discovery Order No. 44 as set out herein. Signed by Judge R David
Proctor on 9/5/2017. (JLC) (Entered: 09/05/2017)
09/05/2017
1500
MOTION to Seal Motion to Keep Sealed Subscriber Plaintiffs' Statement in
Support of Plaintiffs' Motion to Compel (1) Prime Therapeutics and (2)
BCBSAL and its Subsidiaries by Blue Cross and Blue Shield of Alabama.
(Burkhalter, Carl) (Entered: 09/05/2017)
09/05/2017
1501
NOTICE by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel re 1410 SEALED
MOTION of Filing Amended [Proposed] Order Re Motion to Compel Prime
Therapeutics LLC to Produce Documents (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 09/05/2017)
09/05/2017
1502
TEXT ORDER; This matter is before the court on the Seal Team's recent
report regarding proposed modifications to the court's seal process. That
report contained a request by Plaintiffs' Seal Team representative(s) for a
conference with the court regarding the seal process. A conference with Seal
Team members (only) is SET for 10:00 am on Wednesday, September 13,
2017. If at least one Seal Team member from each side cannot attend in
person, the Seal Team members SHALL confer and notify chambers of
alternative dates and times for the conference. Signed by Judge R David
Proctor on 9/5/2017. (JLC) (Entered: 09/05/2017)
09/06/2017
1503
MOTION Defendants' Motion to Enforce Discovery Order No. 8 by
Defendants' Counsel. (Attachments: # 1 Exhibit A Chart of Plaintiff
Depositions)(Cottrell, Christa) (Entered: 09/06/2017)
09/06/2017
1504
NOTICE of Appearance by Jason M Knott on behalf of Plaintiffs' Counsel
(Knott, Jason) (Entered: 09/06/2017)
09/06/2017
1505
DISCOVERY ORDER No. 65 DENYING 1424 MOTION to Quash
Subpoenas, GRANTING IN PART and DENYING IN PART 1422
MOTION to Compel. Accordingly, the Subscriber Plaintiffs' 1422 MOTION
to Compel is GRANTED to the limited extent that BCBS−AL and its
non−charity subsidiaries shall produce to the Subscriber Plaintiffs, by
October 2, 2017, one paper or electronic version of every contract entered
into between BCBS−AL and any non−charity subsidiary in the years 2008
and 2013 only. In all other respects the motion to compel is DENIED. Signed
by Magistrate Judge T Michael Putnam on 9/6/2017. (JLC) (Entered:
246
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 246 of 509
09/06/2017)
09/06/2017
1506
STATUS REPORT Defendants' Reconsideration of Exhibits to Keep Sealed
From the Standard of Review Opening Briefs 1387 1459 by Defendants'
Counsel. filed by Defendants' Counsel (Donnell, Sarah) (Entered:
09/06/2017)
09/06/2017
1507
RESPONSE in Opposition re 1503 MOTION Defendants' Motion to Enforce
Discovery Order No. 8 filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
(Entered: 09/06/2017)
09/06/2017
1508
STATUS REPORT on Structured Data (Subscriber Plaintiffs) by Plaintiffs'
Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher) (Entered:
09/06/2017)
09/07/2017
1509
RESPONSE to re 1508 by Certain Defendants' filed by Blue Cross Blue
Shield of Arizona, HealthNow New York, Inc. d/b/a BlueCross BlueShield of
Western New York and BlueShield of Northeastern New York, Bluie Cross
of Idaho Health Service, Inc., Blue Cross and Blue Shield of Nebraksa, Blue
Cross and Blue Shield of North Dakota, Blue Cross and Blue Shield of
Wyoming. (Sooy, Kathleen) (Entered: 09/07/2017)
09/07/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 9/7/2017. (Court Reporter Teresa
Roberson) (AVC) (Entered: 09/07/2017)
09/07/2017
1510
NOTICE by Prime Therapeutics LLC re 1410 SEALED MOTION of Filing
of [Proposed] Order (Attachments: # 1 Exhibit A)(Lembke, Matthew)
(Entered: 09/07/2017)
09/07/2017
1511
DISCOVERY ORDER No. 66 GRANTING IN PART and DENYING IN
PART 1410 SEALED MOTION to Compel Prime Therapeutics LLC to
Produce Documents and redacted version 1409 MOTION to Compel
Subscriber Plaintiffs' Motion to Compel Prime Therapeutics LLC to Produce
Documents. Signed by Magistrate Judge T Michael Putnam on 9/7/2017.
(JLC) (Entered: 09/07/2017)
09/08/2017
1512
ORDER re 1503 MOTION Defendants' Motion to Enforce Discovery Order
No. 8 filed by Defendants' Counsel ; the parties are directed to produced by
2:00 p.m. on Wednesday, 9/13/2017, an updated "Chart of Plaintiffs'
Depositions" informing the court of how many depositions plaintiffs have
completed. Signed by Magistrate Judge T Michael Putnam on 9/8/2017.
(KAM, ) (Entered: 09/08/2017)
09/08/2017
1513
NOTICE by Plaintiffs' Counsel Withdrawal of Appearance (Lyons, Michael)
(Entered: 09/08/2017)
09/08/2017
1514
REPLY to re 1490 in Support of Rule 72 Objection to Discovery Order No.
60 filed by Cedars−Sinai Medical Center. (Attachments: # 1 Exhibit
A)(Brady, P) (Entered: 09/08/2017)
09/08/2017
1515
SUBSCRIBER PLAINTIFFS' MOTION for Protective Order Subscriber
Plaintiffs' Motion for Protective Order and Related Relief as to BCBS−AL's
Contacts With Class Members by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (Sealed), # 5 Exhibit
E)(Ragsdale, Barry) Modified on 9/25/2017 (KAM, ). (Entered: 09/08/2017)
247
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 247 of 509
09/08/2017
1516
Transcript of Proceedings held on 9/7/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/29/2017. Redacted Transcript Deadline set for 10/9/2017.
Release of Transcript Restriction set for 12/7/2017. (Attachments: # 1
certification page) (KAM, ) (Entered: 09/08/2017)
09/08/2017
1521
***Document Sealed − Notice of filing Subscriber Plaintiffs Unredacted
version of their Motion for Protective order and related relief as to
BCBS−AL's Contacts with class members and Exhibit D (Attachments: # 1
unredated motion, # 2 Exhibit D) (KAM) (Entered: 09/11/2017)
09/11/2017
1517
STATUS REPORT on Structured Data (Subscriber Plaintiffs) by Plaintiffs'
Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher) (Entered:
09/11/2017)
09/11/2017
1518
MOTION to Continue Depositions of Marshall Morrisette and Brian
Edwards by Plaintiffs' Counsel. (Hellums, Christopher) (Entered:
09/11/2017)
09/11/2017
1519
TEXT ORDER. The Status Conference SET by Discovery Order No. 1 (doc.
229) shall be held on Thursday, September 28, 2017, at 1:00 PM in
Courtroom 3B of the Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T Michael Putnam. Court reporter to be present. Any
written submissions are governed by subsection II.D.2 of Discovery Order
No. 1, as amended. Signed by Magistrate Judge T Michael Putnam on
September 11, 2017. (AMP) (Entered: 09/11/2017)
09/11/2017
1520
TEXT ORDER re 1518 Motion to Continue the Depositions of Marshall
Morrisette and Brian Edwards. Any response to the motion is due no later
than 1:00 p.m. CDT. A Telephone Hearing on the motion is SET for
Tuesday, September 12, 2017, at 3:00 p.m. CDT before Magistrate Judge T
Michael Putnam. Court reporter to be present. Parties are directed to attend
the conference by dialing 888−636−3807 and entering access code 3676046.
Signed by Magistrate Judge T Michael Putnam on September 11, 2017.
(AMP) (Entered: 09/11/2017)
09/11/2017
1522
STIPULATION of the Provider Plaintiffs and Non−Parties McGriff Seibels
& Williams, Inc. and Jed Skeete by Plaintiffs' Counsel. filed by Plaintiffs'
Counsel (Brown, W) (Entered: 09/11/2017)
09/11/2017
1523
RESPONSE to re 1491 Defendants' Request to Maintain Seal filed by
Plaintiffs' Counsel. (Stokes, Tammy) (Entered: 09/11/2017)
09/11/2017
1524
RESPONSE to re 1491 Aetna, Inc.'s Response to Defendants' Seal
Justifications to Keep Sealed Certain Trade Secret Exhibits to the Standard
of Review Response Briefs (D.E. 1491) filed by AETNA, Inc.. (Attachments:
248
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 248 of 509
# 1 Exhibit A)(Wells, H) (Entered: 09/11/2017)
09/12/2017
1525
ORDER UNSEALING CERTAIN DOCUMENTS − This matter is before
the court on (1) various Motions from the parties (and one non−party) to
maintain the seal on certain documents filed with the court under seal (Docs.
1390 , 1415 , 1446 , 1475 , 1495 , 1497 , 1498 and 1500 ), (2) the Seal Teams
September 1, 2017 Report regarding sealed exhibits to the parties initial
Standard of Review briefing, and (3) Defendants Reconsideration of Exhibits
to Keep Sealed 1506 ; In light of the Seal Teams September 1, 2017 Report,
the Clerk of the Court is directed to unseal the following documents and/or
exhibits:Document 1349−5;Document 1349−22;Document
1349−29;Document 1349−31;Document 1349−39;Document 1350−11
through Document 1350−14;Document 1350−19 through Document
1350−24;Document 1350−27;Document 1350−29;Document
1350−31;Document 1350−34 through Document 1350−58;Document
1352−14 through Document 1352−38;Document 1352−40;Document
1352−129 through Document 1352−163;Document 1352−182;Document
1352−207− 1352−210; Document 1352−212;Document 1352−214;Document
1352−228;Document 1352−229. Signed by Judge R David Proctor on
9/12/2017. (KAM) (Entered: 09/12/2017)
09/12/2017
1526
NOTICE by Plaintiffs' Counsel re 1518 MOTION to Continue Depositions of
Marshall Morrisette and Brian Edwards Supplement to Motion (Hellums,
Christopher) (Entered: 09/12/2017)
09/12/2017
1527
Opposition to and Motion to Strike, Plaintiffs' Motion to Continue the
Deposition of Brian Edwards filed by Blue Cross and Blue Shield of
Alabama. (Burkhalter, Carl) (Entered: 09/12/2017)
09/12/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 9/12/2017. (Court Reporter Julie
Martin) (ASL) (Entered: 09/12/2017)
09/12/2017
1528
SEALED MOTION − Subscriber and Provider plaintiffs' MOTION to
COMPEL Blue Cross Blue Shield of Alabama to produce certain
retrospective rate credit documents. (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3)(KAM) (Entered: 09/12/2017)
09/12/2017
1529
DISCOVERY ORDER No. 67 − granting 1518 Motion to Continue;
Subscriber Plaintiffs shall have until the week of October 2, 2017, to
complete the deposition of Brian Edwards. Signed by Magistrate Judge T
Michael Putnam on 9/12/2017. (KAM) (Entered: 09/12/2017)
09/12/2017
1530
RESPONSE to re 1517 Excellus' Response to Subscriber Plaintiffs' Amended
Status Report on Structured Data filed by Excellus Health Plan, Inc. d/b/a
Excellus BlueCrossBlueShield. (Clark, Anna) (Entered: 09/12/2017)
09/12/2017
1531
MOTION to Compel Blue Cross Blue Shield of Alabama to Produce Certain
Retrospective Rate Credit Documents by Subscriber and Provider Plaintiffs.
(Attachments: # 1 Text of Proposed Order)(Ragsdale, Barry) Modified on
9/25/2017 (KAM, ). Modified on 9/27/2017 (ASL). (Entered: 09/12/2017)
09/13/2017
1532
Transcript of Proceedings held on September 12, 2017, before Judge T.
Michael Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone
number (205) 278−2066. Transcript may be viewed at the court public
249
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 249 of 509
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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/4/2017. Redacted Transcript Deadline set for 10/14/2017.
Release of Transcript Restriction set for 12/12/2017. (MRR, ) (Entered:
09/13/2017)
09/13/2017
Minute Entry for proceedings held before Judge R David Proctor: Seal Team
Status Conference held on 9/13/2017. (Court Reporter Leah Turner.) (KLL)
(Entered: 09/13/2017)
09/13/2017
1533
STATUS REPORT with Updated List of Plaintiffs' Depositions Pursuant to
the Court's September 8, 2017 Order by Plaintiffs' Liaison Counsel. filed by
Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered: 09/13/2017)
09/13/2017
1534
STATUS REPORT on Plaintiffs' Depositions and Accompanying
Memorandum by Defendants' Counsel. filed by Defendants' Counsel
(Attachments: # 1 Exhibit A − Chart of Plaintiffs' Depositions)(Cottrell,
Christa) (Entered: 09/13/2017)
09/13/2017
1535
MOTION to Enforce Discovery Order 3 and Continue Deposition of Harvard
Piligrim Health Care, Inc. by Plaintiffs' Liaison Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ragsdale, Barry)
(Entered: 09/13/2017)
09/13/2017
1536
Opposition to Subscriber Plaintiffs' Motion to Compel Relating to
Retrospective Rate Credits filed by Blue Cross and Blue Shield of Alabama.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Priester, James)
(Entered: 09/13/2017)
09/14/2017
1537
RESPONSE to re 1517 Wellmark's Response to Subscriber Plaintiffs'
Amended Status Report on Structured Data filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A − 8/28/17 D. Bossier Email to A. Salomon, # 2
Exhibit B − 4/18/17 A. Salomon Letter to D. Bossier)(Laytin, Daniel)
(Entered: 09/14/2017)
09/14/2017
1538
TEXT ORDER re 1535 MOTION to Enforce Discovery Order 3 and
Continue Deposition of Harvard Piligrim Health Care, Inc. filed by Plaintiffs'
Liaison Counsel. Any interested party may respond to this motion by no later
than 11:00 CDT on Friday, September 15, 2017. The Clerk is DIRECTED to
serve a copy of this motion on Michelle Visser, counsel for Harvard Pilgrim
Health Care Inc., at electronic mail address Michelle.Visser@ropesgray.com.
Signed by Magistrate Judge T Michael Putnam on September 14, 2017.
(AMP) (Entered: 09/14/2017)
09/14/2017
1539
RESPONSE in Opposition re 1496 MOTION for Protective Order re:
Discovery of 61 Non−Alabama Subscriber Plaintiffs filed by Defendants'
Counsel. (Campbell, Andrew) (Entered: 09/14/2017)
250
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 250 of 509
09/14/2017
1540
Opposition to re 1535 Plaintiffs' Expedited Motion to Enforce Discovery
Order No. 3 and Continue Deposition of Harvard Pilgrim Health Care Inc.
filed by Defendants' Counsel. (Campbell, Andrew) (Entered: 09/14/2017)
09/14/2017
1541
RESPONSE to re 1517 Response to Subscriber Plaintiffs' Amended Status
Report on Structured Data for Anthem, BCBSFL, and BCBSMA filed by
Defendants' Counsel. (Hoover, Craig) (Entered: 09/14/2017)
09/14/2017
1542
SEALED MOTION − Defendants' MOTION for RECONSIDERATION of
the Court's August 31, 2017 Privilege Ruling. (KAM) (Entered: 09/14/2017)
09/14/2017
1543
TEXT ORDER − This matter is before the court on Subscriber Plaintiffs'
Motion for a Protective Order and Related Relief as to BCBS−AL's Contacts
with Class Members. 1515 Oral argument on this Motion will be heard by the
undersigned at the October 5, 2017 Status Conference. The court adopts the
parties' proposed briefing schedule: Defendant BCBS−AL's response is due
on or before 12:00 noon on September 27, 2017; any reply by Subscriber
Plaintiffs is due on or before 12:00 noon on October 3, 2017. Signed by
Judge R David Proctor on 9/14/2017. (KAM) (Entered: 09/14/2017)
09/14/2017
1544
ORDER re Defendants' 1503 MOTION to Enforce Discovery Order No. 8.
Plaintiffs are DIRECTED to file with the Court, by no later than noon CDT
on Friday, September 15, 2017, a list of witnesses disclosed after August 1,
2016, in the accelerated Alabama actions. Defendants shall have until noon
CDT on Monday, September 18, 2017, to notify the Court of any objections
to the Plaintiffs' list. Signed by Magistrate Judge T Michael Putnam on
9/14/2017. (JLC) (Entered: 09/14/2017)
09/14/2017
1545
TEXT ORDER denying 1535 Plaintiffs' Expedited Motion to Enforce
Discovery Order No. 3 (Dkt. # 327) and Continue Deposition of Harvard
Pilgrim Health, Inc.,only insofar as the deposition of Harvard Pilgrim
SHALL go forward on Tuesday, September 19, 2017, as previously
scheduled. Further direction from the court as to the Plaintiffs' Motion to be
entered. Signed by Magistrate Judge T Michael Putnam on September 14,
2017. (AMP) (Entered: 09/14/2017)
09/14/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 9/14/2017. (Court Reporter Julie
Martin) (ASL) (Entered: 09/14/2017)
09/14/2017
1546
MOTION to Continue Class Certification Deadlines by Plaintiffs' Counsel.
(Hellums, Christopher) (Entered: 09/14/2017)
09/15/2017
1547
RESPONSE in Opposition re 1546 MOTION to Continue Class Certification
Deadlines (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 09/15/2017)
09/15/2017
1548
TEXT ORDER finding as MOOT 1340 Provider Plaintiffs' Motion to
Compel Compliance with Rule 45 by Navigant Consulting, Inc., following
the Discovery Telephone Conference held September 14, 2017. Signed by
Magistrate Judge T Michael Putnam on September 15, 2017. (AMP)
(Entered: 09/15/2017)
09/15/2017
1549
STATUS REPORT of List of Witnesses Disclosed by Defendants after
August 1, 2016 by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison
251
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 251 of 509
Counsel (Ragsdale, Barry) (Entered: 09/15/2017)
09/15/2017
1550
MOTION to Withdraw by Blue Cross and Blue Shield of Alabama. (Franz,
Jacob) (Entered: 09/15/2017)
09/15/2017
1551
REPLY to re 1353 Defendants' Motion for Summary Judgment on Plaintiffs'
Section 1, Per Se, and Quick Look Claims filed by Defendants' Counsel.
(Attachments: # 1 Exhibit Index, # 2 Exhibit Slip Sheet Regarding Sealed
Exhibits, # 3 Exhibit 163, # 4 Exhibit 165)(Zott, David) (Entered:
09/15/2017)
09/15/2017
1552
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1348 MOTION for
Partial Summary Judgment by Subscriber Plaintiffs filed by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit List, # 2 Exhibit Slip Sheet for Sealed
Exhibits 317−329)(Hellums, Christopher) (Entered: 09/15/2017)
09/15/2017
1553
REPLY to Response to Motion re 1350 SEALED MOTION Provider
Plaintiffs' Motion for Partial Summary Judgment filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit KKKKK, # 2 Exhibit LLLLL, # 3 Exhibit 48, # 4
Exhibit 49, Part 1, # 5 Exhibit 49, Part 2, # 6 Exhibit 49, Part 3, # 7 Exhibit
50, # 8 Exhibit 51, # 9 Exhibit 52, # 10 Exhibit MMMMM, # 11 Exhibit
NNNNN)(Whatley, Joe) (Entered: 09/15/2017)
09/15/2017
1554
***Document Sealed − Reply Memorandum of Points and Authorities in
Further Support of Subscriber plaintiff's Motion for Partial Summary
Judgment on the application of the per se rule (KAM) [Should not be
unsealed. Contains privileged content that was clawed back pursuant to the
Courts order (Dkt. 2014). The revised sealed version of this filing can be
found at Dkt. 2576.] Modified on 5/27/2020 (KAM). (Entered: 09/18/2017)
09/15/2017
1555
***Document Sealed − EVIDENTIARY SUBMISSION in further support of
Subscriber Plaintiffs' Motion for Partial Summary Judgment on the
application of the per se rule. (Attachments: # 1 Exhibit 317, # 2 Exhibit 318
[Should not be unsealed. Contains privileged content and is subject to the
Courts partial claw back order (Dkt. 2014). The revised, fully public exhibit
can be found at Dkt. 2569−1.], # 3 Exhibit 319, # 4 Exhibit 320, # 5 Exhibit
321, # 6 Exhibit 322, # 7 Exhibit 323, # 8 Exhibit 324, # 9 Exhibit 325, # 10
Exhibit 327, # 11 Exhibit 328, # 12 Exhibit 329) (KAM) (Additional
attachment(s) added on 9/18/2017: # 13 Exhibit 326) (KAM, ). Modified on
5/27/2020 (KAM, ). (Entered: 09/18/2017)
09/15/2017
1556
***Document Sealed − Reply in Support of Defendants' Motion for
Summary Judgment on Plaintiffs' Section 1, Per Se and Quick Look Claims
(Attachments: # 1 Exhibit 160, # 2 Exhibit 161, # 3 Exhibit 162, # 4 Exhibit
164) (KAM, ) (Entered: 09/18/2017)
09/15/2017
1557
***Document Sealed − Reply is Support of Provider Plaintiffs' Motion for
Partial Summary Judgment (Attachments: # 1 Exhibit KKKKK, # 2 Exhibit
LLLLL, # 3 Exhibit 48, # 4 Exhibit 49, # 5 Exhibit 50, # 6 Exhibit 51, # 7
Exhibit 52, # 8 Exhibit MMMMM, # 9 Exhibit NNNNN) (KAM,) (Entered:
09/18/2017)
09/18/2017
1558
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by attorney Jacob J. Franz. 1550 The Motion 1550 is GRANTED. The
Clerk of the Court is directed to terminate attorney Franz. Signed by Judge R
252
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 252 of 509
David Proctor on 9/18/20017. (KAM) (Entered: 09/18/2017)
09/18/2017
1559
RESPONSE to re 1549 Subscriber and Provider Plaintiffs' List of Witnesses
Disclosed by Defendants After August 1, 2016 filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A − Chart of Plaintiffs' Depositions, # 2 Exhibit B
− 5/24/2016 Butterfield Email to Yinger)(Cottrell, Christa) (Entered:
09/18/2017)
09/18/2017
1560
Transcript of Proceedings held on September 14, 2017, before Judge T.
Michael Putnam. Court Reporter/Transcriber Julie A. Martin, Telephone
number (205) 278−2066. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/9/2017. Redacted Transcript Deadline set for 10/19/2017.
Release of Transcript Restriction set for 12/17/2017. (MRR, ) (Entered:
09/18/2017)
09/18/2017
1561
RESPONSE to Motion re 1546 MOTION to Continue Class Certification
Deadlines filed by Defendants' Counsel. (Cottrell, Christa) (Entered:
09/18/2017)
09/19/2017
1562
DISCOVERY ORDER No. 68 − granting 1503 Motion to enforce discovery
order no. 8 ; insofar as Plaintiffs are LIMITED to conducting 117 depositions
regarding factual discovery. To the extent Plaintiffs wish to conduct
additional depositions, Plaintiffs MUST seek leave of the court and show
good cause for each additional deposition sought. Signed by Magistrate
Judge T Michael Putnam on 9/19/2017. (KAM) Modified on 9/20/2017
(KAM, ). (Entered: 09/19/2017)
09/20/2017
1563
SUBSCRIBER PLAINTIFFS' MOTION to Compel Oustanding Data from
Non−Party Humana (Subscriber Plaintiffs) by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1)(Hellums, Christopher) Modified on 9/25/2017
(KAM, ). (Entered: 09/20/2017)
09/20/2017
1564
Transcript of Proceedings held on 9/13/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/11/2017. Redacted Transcript Deadline set for 10/21/2017.
Release of Transcript Restriction set for 12/19/2017. (KAM, ) (Entered:
253
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 253 of 509
09/20/2017)
09/20/2017
1565
STIPULATION of the Provider Plaintiffs and Non−Parties McGriff Seibels
& Williams, Inc. and Jed Skeete by Plaintiffs' Counsel. filed by Plaintiffs'
Counsel (Brown, W) (Entered: 09/20/2017)
09/21/2017
1566
TEXT ORDER re 1563 MOTION to Compel Oustanding Data from
Non−Party Humana. Any response to the Motion is due no later than noon
CDT on Tuesday, September 26, 2017. The motion will be heard at the
Discovery Status Conference set for Thursday, September 28, 2017. (See
Text Order 1519 ). Signed by Magistrate Judge T Michael Putnam on
September 21, 2107. (AMP) (Entered: 09/21/2017)
09/21/2017
1567
THIRD AMENDED SCHEDULING ORDER − GRANTING Subscriber
Plaintiffs' 1546 MOTION to Continue Class Certification Deadlines ; Fact
Discovery shall be completed by 12/1/2017; Class Certification Discovery is
due as set out in this order; Motions for class certification and materials in
support shall be filed by 1/15/2018; opposition briefs are due by 4/3/2018;
reply briefs are due by 5/18/2018; Daubert motions seeking to exclude any
class certification expert witness SHALL be filed within seventy−five days of
disclosure of the experts report; Damages and Merits Expert Reports and
Discovery are due from plaintiffs on 1/31/2018; due from defendants on
4/3/2018; rebuttals from plaintiffs are due on 5/18/2018; Dispositive Motions
on issues of Liability and materials in support are due on 4/13/2018; The
court will set a pretrial conference at its discretion Signed by Judge R David
Proctor on 9/21/2017. (KAM, ) (Entered: 09/21/2017)
09/21/2017
1568
DISCOVERY ORDER No. 69 granting in part and denying in part 1528
Sealed Motion to Compel; Subscriber Plaintiffs motion is GRANTED as to
this category of document requests, and BCBS−AL is DIRECTED to
produce to the Subscribers such documents or other information BCBS−AL
used to report or disclose to the Alabama Department of Insurance the
formulas, methods, or manner in which the RRC and the RRC renewal
credits were calculated for each class member merit group (groups of
between 50 to 200 members) from 2009 to 2016; BCBS−AL is DIRECTED
to produce such full reports to the Subscribers for the years 2009 to 2016,
including any documents showing RRC true−ups during that period; Insofar
as there exists a distinct and identifiable set of reports related to the
calculation of each groups RRC, the motion to compel is GRANTED, and
BCBS−AL is DIRECTED to produce such reports; the Subscriber Plaintiffs
may, by October 2, 2017, identify to BCBS−AL the 30 merit groups with the
greatest positive RRC in any single year of their choice (noting for
BCBS−AL the year from which these merit groups were chosen). By October
20, 2017, BCBS−AL shall produce to the Subscribers such reports or
spreadsheets as may exist showing the calculation of the renewal premiums
for each of these 30 merit groups in each year from 2009 to 2016; Unless
otherwise stated herein, production required by this Order shall be made by
October 20, 2017. In all other respects, the motion to compel is DENIED.
Signed by Magistrate Judge T Michael Putnam on 9/21/2017. (KAM)
(Entered: 09/21/2017)
09/21/2017
1569
REPLY to Response to Motion re 1392 MOTION for Partial Summary
Judgment Against Anthem, Inc. Regarding Issues Decided in United States v.
254
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 254 of 509
Anthem (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit C, # 2 Exhibit D, # 3 Exhibit E)(Whatley, Joe) (Entered: 09/21/2017)
09/21/2017
1570
DEFENDANTS' MOTION to Keep Sealed Defendants' Motion for
Reconsideration of the Court's August 31, 2017 Privilege Ruling re 1542
SEALED MOTION by Defendants' Counsel. (Laytin, Daniel) Modified on
9/25/2017 (KAM, ). (Entered: 09/21/2017)
09/21/2017
1571
REPLY to Response to Motion re 1496 MOTION for Protective Order re:
Discovery of 61 Non−Alabama Subscriber Plaintiffs filed by Plaintiffs'
Counsel. (Hellums, Christopher) (Entered: 09/21/2017)
09/22/2017
1572
ORDER denying 1542 Sealed Motion− Defendants Motion for
Reconsideration of the Courts August 31, 2017 Privilege Ruling. Signed by
Judge R David Proctor on 9/22/2017. (KAM) (Entered: 09/22/2017)
09/22/2017
1573
TEXT ORDER−This matter is before the court on the Seal Teams
September 22, 2017 Report regarding Plaintiffs' Motion to Compel Blue
Cross Blue Shield of Alabama to Produce Certain Retrospective Rate Credit
Documents and Exhibits 1, 2 and 3. In light of that Report, the Clerk of the
Court is directed to unseal the following documents and/or exhibits:
Documents No.1528, 1528−1, 1528−2, and 1528−3. 1528 , [1528−1],
[1528−2], and [1528−3]. Signed by Judge R David Proctor on 9/22/2017.
(KAM) (Entered: 09/22/2017)
09/22/2017
1574
NOTICE of Appearance by Timothy D Battin on behalf of Plaintiffs' Counsel
(Battin, Timothy) (Entered: 09/22/2017)
09/22/2017
1575
STATUS REPORT Regarding Post−9/25 Discovery on Behalf of Plaintiffs
and Defendants by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison
Counsel (Ragsdale, Barry) (Entered: 09/22/2017)
09/22/2017
1576
STATUS REPORT Seal Justification for Doc. # 1555, 1556, and 1557 by
Defendants' Counsel. filed by Defendants' Counsel (Attachments: # 1
Appendix A − Exhibits to Remain Sealed, # 2 Appendix B − Exhibits to
Unseal, # 3 Appendix C − 9/21/2017 MultiPlan Hubbard Affidavit)(Donnell,
Sarah) (Entered: 09/22/2017)
09/25/2017
1577
ORDER REGARDING CEDARS−SINAI MEDICAL CENTERS RULE 72
OBJECTION TO DISCOVERY ORDER NO. 6 − for the reasons set forth in
this order, Cedars−Sinai's Rule 72 Objection to Discovery Order No. 60 1417
is OVERRULED. Signed by Judge R David Proctor on 9/25/2017. (KAM)
(Entered: 09/25/2017)
09/26/2017
1578
RESPONSE in Opposition re 1563 MOTION to Compel Oustanding Data
from Non−Party Humana (Subscriber Plaintiffs) Non−Party Humana Inc.'s
Opposition to Subscriber Plaintiffs' Motion to Compel Outstanding Data
from Non−Party Humana filed by Humana Inc.. (Attachments: # 1 Exhibit
Exhibit 1)(Turner, Sara) (Entered: 09/26/2017)
09/26/2017
1579
NOTICE of Appearance by Charles J Cooper on behalf of Plaintiffs' Counsel
(Cooper, Charles) (Entered: 09/26/2017)
09/26/2017
1580
ORDER − Due to the number of items anticipated on the agenda for the
October 5, 2017 status conference, the order setting the October 5, 2017
status conference is AMENDED as follows: this case has been SET for a
255
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 255 of 509
status conference at 1:00 p.m. on Wednesday, October 4, 2017, and
continuing at 9:00 a.m. on Thursday, October 5, 2017. Both sessions will
take place in Courtroom 7A; The Special Master will provide call in numbers
for the conference. On or before Friday, September 29, 2017, the parties
SHALL submit a joint report containing a proposed agenda and schedule for
items the parties wish to be addressed during the status conference. Signed by
Judge R David Proctor on 9/26/2017. (KAM) (Entered: 09/26/2017)
09/27/2017
1581
NOTICE of Informative Motion regarding Hurricane Maria by Triple−S
Salud, Inc. (Pabon Rico, Gustavo) Modified on 9/27/2017 (ASL). (Entered:
09/27/2017)
09/27/2017
1582
Opposition to Subscriber Plaintiffs' Motion for Protective Order filed by
Blue Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit
F)(Burkhalter, Carl) (Entered: 09/27/2017)
09/27/2017
1583
STATUS REPORT Subscriber Plaintiffs' Interim Report on Documents
Relevant to BCBS−AL's contacts with Prospective Class Members (Doc
1515) by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Attachments: # 1
Exhibit A, # 2 Exhibit B (Sealed))(Ragsdale, Barry) (Entered: 09/27/2017)
09/27/2017
1584
***Document Sealed − Subscriber Plaintiff's Unredacted Interim Report of
Documents Relevant to BCBS−AL's Contacts with Prospective Class
Members 1515 (Attachments: # 1 Exhibit A, # 2 Exhbiit B) (KAM) (Entered:
09/27/2017)
09/27/2017
1585
***Document Sealed − DEFENDANTS' Notice of filing Exhibits in support
of Blue Cross and Blue Shield of Alabama's Opposition to Subscriber
Plaintiffs' Motion for Protective Order 1582 (Attachments: # 1 Exhibit D, # 2
Exhibit E, # 3 Exhibit F) (KAM) (Entered: 09/27/2017)
09/28/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference and Motion Hearing held on
9/28/2017; arguments by counsel, re 1496 MOTION for Protective Order re:
Discovery of 61 Non−Alabama Subscriber Plaintiffs; hrg adj (Court Reporter
Teresa Roberson) (ASL) (Entered: 09/28/2017)
09/28/2017
1586
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of
Edgar C. Gentle, III, the Court−Appointed Special Master, for payment for
services rendered and expenses incurred from August 1, 2017 through
August 31, 2017 in this matter relating solely to services provided to the
Plaintiffs, and totaling $47,000.00. Signed by Judge R David Proctor on
9/28/2017. (KAM, ) (Entered: 09/28/2017)
09/28/2017
1587
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT of
Edgar C. Gentle, III, the Court−Appointed Special Master, for payment for
services rendered and expenses incurred from August 1, 2017 through
August 31, 2017 in this matter as it relates to services rendered for both sides
of the case, and totaling $4,500.00. Signed by Judge R David Proctor on
9/28/2017. (KAM) (Entered: 09/28/2017)
09/29/2017
1588
STATUS REPORT Report Regarding Proposed Agenda and Dial−In
Instructions for Status Conference on October 4 and 5 2017 by Special
Master. filed by Special Master (Attachments: # 1 Exhibit October 4 2017
256
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 256 of 509
Dial In Instructions, # 2 Exhibit October 5 2017 Dial In Instructions)(Gentle,
Edgar) (Entered: 09/29/2017)
09/29/2017
1589
Brief re 1576 Status Report, in Opposition to Seal Request. (Stokes, Tammy)
(Entered: 09/29/2017)
09/29/2017
1590
MOTION to Enter It's Proposed Order Regarding This Court's Show Cause
Order dated April 21, 2017 by Anthem, Inc.. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Kurtz,
Glenn) (Entered: 09/29/2017)
09/29/2017
1591
Brief re 1576 Status Report, in Opposition to Seal Request (Provider
Plaintiffs) filed by Plaintiffs' Counsel. (Quillen, Henry) (Entered:
09/29/2017)
09/29/2017
1592
MOTION for Joinder in Anthem's Motion to Enter its Proposed Order
Regarding This Court's Show Cause Order Dated April 21, 2017 by
Defendants' Counsel. (Laytin, Daniel) (Entered: 09/29/2017)
10/02/2017
1593
TEXT ORDER finding as moot 1563 Subscribers Plaintiffs' Motion to
Compel Outstanding Data from Non−Party Humana, following the Discovery
Status Conference held September 28, 2017. Signed by Magistrate Judge T
Michael Putnam on October 2, 2017. (JTS) (Entered: 10/02/2017)
10/02/2017
1594
DISCOVERY ORDER No. 70 denying 1496 Motion for Protective Order.
Signed by Magistrate Judge T Michael Putnam on 10/2/2017. (KAM, )
(Entered: 10/02/2017)
10/02/2017
1595
TEXT ORDER − This matter is before the court on Defendants' Motion to
Keep Sealed Defendants' Motion for Reconsideration. 1570 The Motion 1570
is DENIED. Although privileged or proprietary material filed with discovery
motions is not subject to the common−law right of access, see Romero v.
Drummond Co., 480 F.3d 1234, 1245 (11th Cir. 2007), the Motion to
Reconsider 1542 does not disclose any privileged or proprietary material
except through general (i.e., non−specific) reference. Therefore, the Clerk of
the Court is directed to UNSEAL document 1542. 1542 . Signed by Judge R
David Proctor on 10/2/2017. (KAM, ) (Entered: 10/02/2017)
10/02/2017
1596
Transcript of Proceedings held on 9−28−2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/23/2017. Redacted Transcript Deadline set for 11/2/2017.
Release of Transcript Restriction set for 12/31/2017. (Attachments: # 1
certification) (KAM, ) Modified on 10/5/2017 (KAM, ). (Entered:
10/02/2017)
10/02/2017
1597
257
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 257 of 509
RESPONSE in Opposition re 1592 MOTION for Joinder in Anthem's Motion
to Enter its Proposed Order Regarding This Court's Show Cause Order
Dated April 21, 2017, 1590 MOTION to Enter It's Proposed Order Regarding
This Court's Show Cause Order dated April 21, 2017 filed by CIGNA Health
and Life Insurance Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4)(Weller, Christopher) (Entered: 10/02/2017)
10/03/2017
1598
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1515 MOTION for
Protective Order Subscriber Plaintiffs' Motion for Protective Order and
Related Relief as to BCBS−AL's Contacts With Class Members filed by
Plaintiffs' Counsel. (Ragsdale, Barry) (Entered: 10/03/2017)
10/03/2017
1599
NOTICE of Appearance by Andrew W Hammond on behalf of Anthem, Inc.
(Hammond, Andrew) (Entered: 10/03/2017)
10/04/2017
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 10/4/2017. (Court Reporter Leah Turner.) (KLL)
(Entered: 10/04/2017)
10/05/2017
1600
TRANSFER ORDER OF THE UNITED STATES JUDICIAL PANEL ON
MULTIDISTRICT LITIGATION transferring 2 civil actions to be included
in MDL 2406 BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION
(Attachments: # 1 Schedule A)(KAM) (Entered: 10/05/2017)
10/05/2017
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 10/5/2017. (Court Reporter Leah Turner.) (KLL)
(Entered: 10/05/2017)
10/06/2017
1601
NOTICE of Appearance by Alexander McInnis Boies on behalf of Plaintiffs'
Counsel (Boies, Alexander) (Entered: 10/06/2017)
10/10/2017
1602
CIGNA Corporation and ANTHEM Inc's STIPULATION RESOLVING
SHOW CAUSE ORDER (KAM) ** unsealed per order 1631 Modified on
10/19/2017 (KAM). (Entered: 10/10/2017)
10/10/2017
1603
ORDER REGARDING DEFENDANTS PRIVILEGE LOGS − As discussed
on the record in open court, on or before Friday, October 13, 2017, the parties
are ORDERED to (1) meet and confer to narrow and crystalize the disputes
and (2) develop a process1 and schedule for resolving those disputes. On or
before Monday, October 16, 2017, the parties SHALL file a joint report
regarding a proposed process and schedule for resolving any privilege log
disputes.Signed by Judge R David Proctor on 10/10/2017. (KAM) (Entered:
10/10/2017)
10/10/2017
1604
ORDER granting in part and denying in part 1515 Motion for Protective
Order without prejudice; The Motion sought five separate categories of relief.
(Doc. # 1515 at 8). The requests for relief in categories 1, 2, 3 and 5 are
DENIED; The request for relief sought in category 4 (responses to Plaintiffs
requests for information) is GRANTED IN PART, as discussed more fully on
the record in open court. Signed by Judge R David Proctor on 10/10/2017.
(KAM) (Entered: 10/10/2017)
10/10/2017
1605
TEXT ORDER − This matter is before the court on the Seal Teams October
9, 2017 Report regarding Subscriber Plaintiffs' Unredacted Interim Report of
Documents Relevant to BCBS−AL's Contacts with Prospective Class
258
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 258 of 509
Members and Exhibits A and B thereto. In light of that Report, the Clerk of
the Court is directed to unseal the following documents and/or exhibits:
Documents No. 1584, 1584−1, and 1584−2. 1584 [1584−1] [1584−2]..
Signed by Judge R David Proctor on 10/10/2017. (KAM, ) (Entered:
10/10/2017)
10/10/2017
1606
ORDER that the parties having reached an agreement; Anthems Motion to
Enter its Proposed Order Regarding this Courts Show Cause Order Dated
April 21, 2017 1590 is MOOT. Signed by Judge R David Proctor on
10/10/2017. (KAM) (Entered: 10/10/2017)
10/11/2017
1607
Transcript of Proceedings held on 10/4/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/1/2017. Redacted Transcript Deadline set for 11/11/2017.
Release of Transcript Restriction set for 1/9/2018. (KAM, ) (Entered:
10/11/2017)
10/11/2017
1608
NOTICE by Plaintiffs' Liaison Counsel Regarding Request for Additional
Deposition Time for BCBS−AL Witness Noel Carden (Ragsdale, Barry)
(Entered: 10/11/2017)
10/11/2017
1609
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on October 26, 2017, at 1:00 PM in Courtroom 3B of the
Hugo L. Black US Courthouse, Birmingham, Alabama, before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discover Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on October 11,
2017. (JTS) (Entered: 10/11/2017)
10/11/2017
1610
MOTION for Reconsideration re 815 Order Subscriber Plaintiffs' Motion for
Reconsideration of Oct 28, 16 Order and Discovery Order No. 33 by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Sealed, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E − Sealed)(Ragsdale, Barry) (Entered:
10/11/2017)
10/11/2017
1611
***Document Sealed ** SUBSCRIBER PLAINTIFFS' Unredated Motion
for reconsideration of October 28, 2016 Order and Discovery Order No. 33
(Attachments: # 1 Exhibit A, # 2 Exhibit E) (KAM, ) (Entered: 10/11/2017)
10/12/2017
1612
SEALED MOTION **SUBSCRIBER PLAINTIFFS' MOTION TO
COMPEL defendant BCBSAL to produce identifying data. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(KAM)
(Entered: 10/12/2017)
10/12/2017
1613
259
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 259 of 509
Transcript of Proceedings held on 10/5/2017, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/2/2017. Redacted Transcript Deadline set for 11/12/2017.
Release of Transcript Restriction set for 1/10/2018. (KAM, ) (Entered:
10/12/2017)
10/12/2017
1614
***Document Sealed ** PROVIDER PLAINTIFFS' RESPONSE in
opposition to Blue Cross Blue Shield of Michigan's MOTION to COMPEL
Provider Plaintiffs to answer discovery requests (Attachments: # 1 Exhibit 1)
(KAM) (Entered: 10/12/2017)
10/12/2017
1615
MOTION to Compel Attendance at a Deposition (Provider Plaintiffs') by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Text of Proposed
Order)(Whatley, Joe) (Entered: 10/12/2017)
10/12/2017
1616
RESPONSE in Opposition re 1463 SEALED MOTION (Provider Plaintiffs')
Public Version filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
1)(Whatley, Joe) (Entered: 10/12/2017)
10/12/2017
1617
TEXT ORDER re 1610 Subscriber Plaintiffs' Motion for Reconsideration of
October 28, 2016 Order and Discovery Order No. 33 and 1612 Subscriber
Plaintiffs' Motion to Compel Defendant BCBSAL to Produce Identifying
Data. Responses to each motion shall be filed no later than October 19, 2017,
and replies, if any, shall be filed no later than October 24, 2017. Signed by
Magistrate Judge T Michael Putnam on October 12, 2017. (JTS) (Entered:
10/12/2017)
10/12/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 10/12/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 10/12/2017)
10/12/2017
1618
TEXT ORDER re 1463 Defendant BCBS−MI's Motion to Compel Provider
Plaintiffs to Answer Discovery Requests. Oral arguments are set for October
26, 2017, at the Status Conference. Signed by Magistrate Judge T Michael
Putnam on October 12, 2017. (JTS) (Entered: 10/12/2017)
10/12/2017
1619
TEXT Order. Per the discussions during the October 12, 2017, telephone
conference, the following briefing schedule is set for the clawback issue
raised by the defendants: If the issue has not been resolved, the defendants
shall file a Motion to Compel the clawback by no later than October 19,
2017, and a response from the plaintiffs to such a motion will be due by no
later than October 24, 2017. Signed by Magistrate Judge T Michael Putnam
on October 12, 2017. (JTS) (Entered: 10/12/2017)
10/13/2017
1620
TEXT ORDER re 1615 Provider Plaintiffs' Motion to Compel Attendance at
a Deposition. Any response to the motion by Randall Abbott is due no later
260
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 260 of 509
than October 19, 2017. Movant's reply, if any, is due by October 24, 2017.
Signed by Magistrate Judge T Michael Putnam on October 13, 2017. (JTS)
(Entered: 10/13/2017)
10/13/2017
1621
Transcript of Proceedings held on 10/12/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/3/2017. Redacted Transcript Deadline set for 11/13/2017.
Release of Transcript Restriction set for 1/11/2018. (KAM, ) (Entered:
10/13/2017)
10/13/2017
1622
DISCOVERY ORDER NO. 71 re 1608 Notice (Other) filed by Plaintiffs'
Liaison Counsel−−Plaintiffs' request for additional time to take Carden
deposition is GRANTED; Plaintiffs may use 3.5 additional hours for the
deposition. Oral Motion by BCBS−AL to postpone Carden deposition
GRANTED, to be re−scheduled by October 30, 2017. Signed by Magistrate
Judge T Michael Putnam on 10/13/2017. (Putnam, T) (Entered: 10/13/2017)
10/16/2017
1623
STATUS REPORT on Behalf of Plaintiffs and Defendants Regarding
Privilege Logs by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison
Counsel (Attachments: # 1 Exhibit A−D (SEALED), # 2 Exhibit E, # 3
Exhibit F, # 4 Exhibit G, # 5 Exhibit H (SEALED), # 6 Exhibit I)(Ragsdale,
Barry) (Entered: 10/16/2017)
10/16/2017
1624
***Document Sealed **PLAINTIFFS' and DEFENDANTS' JOINT
STATUS REPORT OF PRIVILEGE LOGS (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit H) (KAM) (Entered:
10/17/2017)
10/16/2017
1625
**CIGNA CORPORATION'S Unopposed Motion for leave to file the
attached letter under seal (KAM) Document unsealed Modified on
10/17/2017 (KAM, ). (Entered: 10/17/2017)
10/17/2017
1626
TEXT ORDER−This matter is before the court on Cigna Corporation's
Unopposed Motion for Leave to File Under Seal. 1625 The Motion 1625 is
DENIED. The Clerk of the Court is directed to UNSEAL<?b> the Motion
and the accompanying letter. 1625 On or before 12:00 noon on October
20, 2017, Cigna and Anthem SHALL file a joint status report regarding
the development of the chronology discussed at the October 4−5, 2017
hearing. Whereas the chronology may be filed under seal, the report
may not. Signed by Judge R David Proctor on 10/17/2017. (KAM, )
(Entered: 10/17/2017)
10/17/2017
1627
NOTICE by Plaintiffs' Liaison Counsel re 1623 Status Report, (Correction to
Joint Status Report) (Ragsdale, Barry) (Entered: 10/17/2017)
10/18/2017
1628
261
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 261 of 509
STATUS REPORT Regarding Authenticity and Admissibility by Plaintiffs'
Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: # 1 Text
of Proposed Order)(Ragsdale, Barry) (Entered: 10/18/2017)
10/19/2017
1629
RESPONSE to Plaintiffs' Notice of Correction to Joint Status Report on
Privilege Logs filed by Blue Cross and Blue Shield of Alabama.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Priester, James) (Entered:
10/19/2017)
10/19/2017
1630
RESPONSE to re 1628 Plaintiffs' Status Report filed by Defendants'
Counsel. (Attachments: # 1 Exhibit Exhibit 1)(Hoover, Craig) (Entered:
10/19/2017)
10/19/2017
1631
TEXT ORDER − This matter is before the court on the Seal Teams October
19, 2017 Report regarding Cigna Corporations and Anthem Inc.s Stipulation
Resolving Show Cause Order. 1602 In light of that Report, the Clerk of the
Court is directed to unseal the following document: Document No. 1602.
1602 . Signed by Judge R David Proctor on 10/19/2017. (KAM) (Entered:
10/19/2017)
10/19/2017
1632
NOTICE by Plaintiffs' Counsel of Withdrawal of Appearance of Jennifer
Williams (Eisler, Robert) (Entered: 10/19/2017)
10/19/2017
1633
TEXT ORDER. Per the discussions of last two telephone conferences held on
October 12 and 19, 2017, the parties have raised and discussed an issue
related to BCBS−ALs request for a clawback of inadvertently disclosed
privileged documents, and the parties agree that the issue is MOOT. Signed
by Magistrate Judge T Michael Putnam on October 19, 2017. (JTS) (Entered:
10/19/2017)
10/19/2017
1634
***Document Sealed **SUBSCRIBER PLAINTIFFS'**Notice of Filing
Corrected Exhibit G to the 10/12/2017 motion to compel BCBSAL to
Produce Identifying Data (Attachments: # 1 Exhibit Corrected Exhibit G)
(KAM) (Entered: 10/19/2017)
10/19/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 10/19/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 10/19/2017)
10/19/2017
1635
Opposition to Subscriber Plaintiffs' Motion for Reconsideration of October
28, 2016 Order and Discovery Order No. 33 filed by Blue Cross and Blue
Shield of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burkhalter,
Carl) (Entered: 10/19/2017)
10/19/2017
1636
MOTION to Seal BCBSAL's Motion to Maintain Seal as to Certain Exhibits
to Subscriber Plaintiffs' Motion to Compel by Blue Cross and Blue Shield of
Alabama. (Attachments: # 1 Exhibit A)(Burkhalter, Carl) (Entered:
10/19/2017)
10/19/2017
1637
RESPONSE to Subscriber Plaintiffs' Motion to Compel Defendant to
Produce Identifying Data filed by Blue Cross and Blue Shield of Alabama.
(Malatesta, John) (Entered: 10/19/2017)
10/20/2017
1638
STATUS REPORT Joint by Anthem, Inc.. filed by Anthem, Inc. (Kimble,
Cavender) (Entered: 10/20/2017)
262
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 262 of 509
10/20/2017
1639
Transcript of Proceedings held on 10/19/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/10/2017. Redacted Transcript Deadline set for 11/20/2017.
Release of Transcript Restriction set for 1/18/2018. (KAM, ) (Entered:
10/20/2017)
10/20/2017
1640
NOTICE by Blue Cross and Blue Shield of Alabama Notice of Filing
Corrected Exhibit B to its Opposition to Subscriber Plaintiffs' Motion for
Reconsideration of October 28, 2016 Order and Discovery Order No.33
(Attachments: # 1 Exhibit B)(Burkhalter, Carl) (Entered: 10/20/2017)
10/23/2017
1641
TEXT ORDER − This matter is before the court on BCBSAL's Motion to
Maintain the Seal. 1636 The Clerk of the Court is directed to terminate the
Motion. 1636 The parties may respond, and the court will expect the Seal
Team's report in due course. Signed by Judge R David Proctor on
10/23/2017. (KAM) (Entered: 10/23/2017)
10/23/2017
1642
REPLY to re 1463 in Support of its Motion to Compel Provider Plaintiffs to
Answer Discovery Requests filed by Blue Cross Blue Shield Michigan.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Text of Proposed
Order)(Campbell, Andrew) (Entered: 10/23/2017)
10/23/2017
1643
STATUS REPORT BCBSA's Seal Justification for Doc. # 1624−3 and
1624−4 by Defendants' Counsel. filed by Defendants' Counsel (Donnell,
Sarah) (Entered: 10/23/2017)
10/24/2017
1644
RESPONSE to Plaintiffs' Notice of Correction to 1623 Joint Status Report on
Privilege Logs filed by Excellus Health Plan, Inc. d/b/a Excellus
BlueCrossBlueShield. (Clark, Anna) (Entered: 10/24/2017)
10/24/2017
1645
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 9/1/2017 through 9/30/2017 in
this matter as it relates to services rendered for both sides of the case, and
totaling $7,500.00. Signed by Judge R David Proctor on 10/24/2017. (KAM,
) (Entered: 10/24/2017)
10/24/2017
1646
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2017 through
September 30, 2017 in this matter relating solely to services provided to the
Plaintiffs, and totaling $46,500.00. Signed by Judge R David Proctor on
10/24/2017. (KAM, ) (Entered: 10/24/2017)
10/24/2017
1647
TEXT ORDER−This matter is before the court on the Seal Teams October
23, 2017 Report regarding various documents which can be unsealed. In light
of that Report, the Clerk of the Court is directed to unseal the following
documents: Provider Plaintiffs Response in Opposition to BCBSMIs Motion
263
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 263 of 509
to Compel, and Exhibit 1 1614 [1614−1]; Subscriber Plaintiffs Unredacted
Motion For Reconsideration of October 28, 2016 Order and Discovery Order
No. 33, and Exhibits A and E 1611 [1611−1] [1611−2]; and Subscriber
Plaintiffs Motion to Compel Defendant BCBSAL to Produce Identifying
Data, and Exhibits A−E and I 1612 [1612−1] [1612−2] [1612−3] [1612−4]
[1612−5] [1612−9].. Signed by Judge R David Proctor on 10/24/2017.
(KAM) (Entered: 10/24/2017)
10/24/2017
1648
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1635 Opposition
(other), 1610 MOTION for Reconsideration re 815 Order Subscriber
Plaintiffs' Motion for Reconsideration of Oct 28, 16 Order and Discovery
Order No. 33 filed by Plaintiffs' Counsel. (Ragsdale, Barry) (Entered:
10/24/2017)
10/24/2017
1649
***Document Sealed *** SUBSCRIBERT PLAINTIFFS' Unredacted Reply
in Support of their motion for reconsideration of 10/28/2016 Order and
Discovery Order No. 33 (KAM) (Entered: 10/24/2017)
10/24/2017
1650
***Document Sealed*** SUBSCRIBER PLAINTIFFS' Reply Memorandum
in support of motion to compel dft BCBSAL to produce identifying data
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)
(KAM) (Entered: 10/24/2017)
10/24/2017
1651
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1615 MOTION to
Compel Attendance at a Deposition (Provider Plaintiffs') filed by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) (Entered:
10/24/2017)
10/25/2017
1652
ORDER re: Joint Status Report and chronologies submitted in camera;
Telephone Conference set for 11/13/2017 10:00 AM before Judge R David
Proctor.Counsel for Anthem and Cigna, and no more than two attorneys for
the Association shall attend the conference; To preserve confidentiality on
this issue, the court requests that the Special Master distribute a call−in
number to participating counsel only. Signed by Judge R David Proctor on
10/25/2017. (KAM) (Entered: 10/25/2017)
10/26/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference and Motion Hearing held on
10/26/2017; re Motions 1463, 1610, 1612, 1615 and Privilege Logs (doc
1624). (Court Reporter Teresa Roberson) (ASL) (Entered: 10/26/2017)
10/26/2017
1653
MOTION to Seal Document Motion to Maintain Seal as to Exhibit
Contained in Subscriber Plaintiffs' Notice of Filing Document Under Seal by
Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl) (Entered:
10/26/2017)
10/27/2017
1654
TEXT ORDER−This matter is before the court on BCBSAL's Motion to
Maintain Seal. 1653 The Clerk of the Court is directed to terminate the
Motion. 1653 The parties may respond, and the court will expect the Seal
Team's report in due course. Signed by Judge R David Proctor on
10/27/2017. (KAM) (Entered: 10/27/2017)
10/27/2017
1655
DISCOVERY ORDER No. 72 granting 1615 Motion to Compel ; The parties
are further ORDERED to schedule a deposition to be held by November 15,
2017, at a time and place reasonably convenient to Abbott. Nonparty witness
264
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 264 of 509
Robert Abbott is hereby ORDERED to comply with the subpoena served
upon him and to appear and testify as required by law by not later than
November 15, 2017. Signed by Magistrate Judge T Michael Putnam on
10/27/2017. (KAM) (Entered: 10/27/2017)
10/27/2017
1656
DISCOVERY ORDER No. 73. Signed by Magistrate Judge T Michael
Putnam on 10/27/2017. (KAM, ) (Entered: 10/27/2017)
10/30/2017
1657
Transcript of Proceedings held on 10/26/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/20/2017. Redacted Transcript Deadline set for 11/30/2017.
Release of Transcript Restriction set for 1/28/2018. (Attachments: # 1
certification) (KAM, ) (Entered: 10/30/2017)
10/30/2017
1658
MOTION to Enforce This Court's Previous Directive by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Whatley, Joe) (Entered: 10/30/2017)
10/31/2017
1659
DISCOVERY ORDER No. 74 granting 1612 Subscriber Plaintiffs' Motion to
Compel Dft BCBSAL to produce identifying data; Subscribers and BCBSAL
have agreed on the production of an explanation of or a decipher of the
Coverage Code Data, BCBSAL is ORDERED to produce such explanation
or decipher as soon as possible. Within seven (7) days of receipt of said
explanation or decipher, the plaintiffs are ORDERED to inform BCBSAL
whether the explanation or decipher resolves the issue, and if the explanation
or decipher fails to resolve the issue, to Meet and Confer with BCBSAL; If
the Meet & Confer confirms that the data cannot be feasibly exported or
produced, the plaintiff is DIRECTED to file a status report suggesting
feasible ways the data may be produced.. Signed by Magistrate Judge T
Michael Putnam on 10/31/2017. (KAM, ) (Entered: 10/31/2017)
10/31/2017
1660
NOTICE of Appearance by Brian Justin Kapatkin on behalf of Defendants'
Counsel (Kapatkin, Brian) (Entered: 10/31/2017)
10/31/2017
1661
MOTION to Compel Production of BCBS−AL's Statements in Connection
with the Consent Order [REDACTED] by Plaintiffs' Counsel. (Attachments:
# 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry) (Entered: 10/31/2017)
10/31/2017
1662
STATUS REPORT Justification to Maintain Redactions Contained in
Subscriber Plaintiffs' Reply in Support of their Motion for Reconsideration
by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue
Shield of Alabama (Attachments: # 1 Exhibit Clawback Letter)(Burkhalter,
Carl) (Entered: 10/31/2017)
10/31/2017
1663
SEALED MOTION ***SUBCRIBER PLAINTIFFS' Motion to Compel
Production of BCBS−AL's Statements in Connection with the Consent Order.
(Attachments: # 1 Exhibit B)(KAM) (Entered: 10/31/2017)
265
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 265 of 509
10/31/2017
1664
STATUS REPORT Justifications to Maintain Seal on Subscriber Plaintiffs'
Reply Memorandum by Blue Cross and Blue Shield of Alabama. filed by
Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
10/31/2017)
11/01/2017
1665
DISCOVERY ORDER No. 75 granting 1463 Defendants' Sealed Motion to
compel; Provider Plaintiffs are ORDERED to supplement their answers to
the discrete subparts of Interrogatory No. 1 concerning RFAs Nos. 1 through
5, providing any unique facts and evidence that each Provider may possess
that explain how the rules covered by RFA Nos. 1 through 5 affected any
defendants conduct.2 If a Provider does not possess such unique facts and
evidence beyond the general response supplied for all Providers, that
Provider is ORDERED to admit the lack of such unique fact or evidence.
Signed by Magistrate Judge T Michael Putnam on 10/31/2017. (KAM)
(Entered: 11/01/2017)
11/01/2017
1666
TEXT ORDER−This matter is before the court on Plaintiffs' Motion to
Enforce this Court's Previous Directive. (Doc. # 1658). Anthem SHALL
respond to Plaintiffs' Motion on or before 3:00 p.m. Central Time on
Thursday, November 2, 2017. This issue is SET for a telephone conference
at 10:00 a.m. Central Time on Friday, November 3, 2017. Representative
counsel for Anthem and Plaintiffs, SHALL attend the telephone conference.
To preserve confidentiality on this issue, the court requests that the Special
Master distribute a call−in number to participating counsel only. Signed by
Judge R David Proctor on 11/1/2017. (KAM) (Entered: 11/01/2017)
11/01/2017
1667
DISCOVERY ORDER No. 76, Protocols for Handling Privileged
Documents, Signed by Magistrate Judge T Michael Putnam on 11/1/17.
(SAC ) (Entered: 11/01/2017)
11/01/2017
1668
RESPONSE to Motion re 1658 MOTION to Enforce This Court's Previous
Directive filed by Anthem, Inc.. (Kimble, Cavender) (Entered: 11/01/2017)
11/03/2017
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 11/3/2017. (KLL) (Entered: 11/03/2017)
11/03/2017
1669
STATUS REPORT on Outstanding Structured Data (Subscriber Plaintiffs)
by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
(Entered: 11/03/2017)
11/03/2017
1670
MOTION to Compel Production of BCBS−AL's Documents About
Out−of−State Sales of Insurance Services by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6)(Ragsdale, Barry) (Entered: 11/03/2017)
11/03/2017
1671
ORDER: re 1658 Plaintiffs Motion to Enforce this Court's Previous Directive
is GRANTED. By agreement, Anthem will prepare from its proposed
chronology a new document, in the nature of a privilege log, reflecting a
chronology of mediation−related disclosures. The log should indicate the date
of the mediation−related disclosure, the type of communication, and identify
the persons involved. Anthem SHALL file this document, under seal, on or
before 12:00 noon on Tuesday, November 7, 2017. Signed by Judge R David
Proctor on 11/3/17. (SAC) (Entered: 11/03/2017)
11/03/2017
1672
266
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 266 of 509
SEALED MOTION **SUBSCRIBER PLAINTIFFS'** Motion to Compel
Production of BCBS−AL's Documents about out−of−state sales of insurance
services (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit
4, # 5 Exhibit 5, # 6 Exhibit 6)(KAM) (Entered: 11/06/2017)
11/06/2017
1673
NOTICE by Plaintiffs' Counsel of Provider Plaintiffs' Response to Randall
Abbott's Letter Motion of November 3, 2017 (Attachments: # 1 Exhibit
A)(Quillen, Henry) (Entered: 11/06/2017)
11/06/2017
1674
ORDER Special Status Conference set for 11/16/2017 02:00 PM before
Magistrate Judge T Michael Putnam.. Signed by Magistrate Judge T Michael
Putnam on 11/6/2017. (KAM, ) (Entered: 11/06/2017)
11/06/2017
1675
***Document Sealed − ANTHEM's Notice in compliance with the 11/3/2017
Order (Attachments: # 1Anthem Chronology for MDL plaintiffs) (KAM,)
(Entered: 11/06/2017)
11/07/2017
1676
MOTION to Compel Subscriber Plaintiffs' Omnibus Motion to Compel
Remaining Filed Rate Discovery by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Ragsdale, Barry) (Entered:
11/07/2017)
11/07/2017
1677
TEXT ORDER re 1676 Subscriber Plaintiffs' Omnibus Motion to Compel
Remaining Filed Rate Discovery. Any response is due no later than
November 10, 2017. Movant's reply, if any, is due no later than November
14, 2017. The Motion is set to be heard on November 16, 2017, at the Special
Status Conference. Signed by Magistrate Judge T Michael Putnam on
November 7, 2017. (JTS) (Entered: 11/07/2017)
11/07/2017
1678
SEALED MOTION ** SUBSCRIBER PLAINTIFFS'** Omnibus Motion To
Compel Remaining Filed Rate Discovery. (Attachments: # 1 Exhibit A, # 2
Exhibit C)(KAM) (Entered: 11/08/2017)
11/08/2017
1679
TEXT ORDER−This matter is before the court on Plaintiffs Motion to
Compel Production of BCBS−ALs Statements in Connection with the
Consent Order. (Docs. # 1661 (redacted) and 1663 (sealed)). BCBS−AL's
response is due no later than 12:00 noon on Monday, November 13, 2017.
Any reply is due no later than 12:00 noon on November 15, 2017. Signed by
Judge R David Proctor on 11/8/2017. (KAM) (Entered: 11/08/2017)
11/08/2017
1680
NOTICE by Defendants' Counsel Regarding Remaining Third−Party
Depositions (Cottrell, Christa) (Entered: 11/08/2017)
11/08/2017
1681
MOTION to Compel Third Party AvMed, Inc. by Defendants' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5)(Cottrell, Christa) (Entered: 11/08/2017)
11/08/2017
1682
NOTICE by Defendants' Counsel Certification Pursuant To Discovery Order
No. 76 On Behalf Of Capital BlueCross (Spotswood, Robert) (Entered:
11/08/2017)
11/08/2017
1683
NOTICE by Defendants' Counsel re 1667 Order Certification of Compliance
with Discovery Order No. 76 (Donnell, Sarah) (Entered: 11/08/2017)
11/08/2017
1684
NOTICE by Blue Cross Blue Shield Michigan of Personal Certification
regarding BCBS Michigan's Privilege Log (Campbell, Andrew) (Entered:
267
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 267 of 509
11/08/2017)
11/08/2017
1685
NOTICE by Defendants' Counsel Certification Pursuant To Discovery Order
No. 76 On Behalf Of Independence Hospital Indemnity Plan, Inc.
(Oppenheimer, Brooke) (Entered: 11/08/2017)
11/08/2017
1686
NOTICE by Blue Shield of California Certification of Blue Shield of
California's Cumulative Privilege Log Pursuant to Discovery Order No. 76
(Fronk, Casey) (Entered: 11/08/2017)
11/08/2017
1687
NOTICE by Anthem, Inc. Certification of Cumulative Privilege Log
Pursuant to Discovery Order No. 76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1688
NOTICE by Defendants' Counsel Blue Cross Blue Shield of Florida
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1689
NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Louisiana
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1690
Evidentiary Material Certification of CareFirst, Inc.'s, Group Hospitalization
and Medical Services, Inc.'s, CareFirst of Maryland, Inc.'s, and CareFirst
BlueChoice, Inc.'s Privilege Logs in Response to Discovery Order No. 76.
(Norman, Brian) (Entered: 11/08/2017)
11/08/2017
1691
NOTICE by Defendants' Counsel Blue Cross Blue Shield of Massachusetts
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1692
NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Minnesota
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1693
NOTICE by Defendants' Counsel Blue Cross Blue Shield of Mississippi
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1694
NOTICE by Defendants' Counsel BlueCross BlueShield of North Carolina
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1695
NOTICE by Defendants' Counsel Blue Cross & Blue Shield of Rhode Island
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1696
NOTICE by Defendants' Counsel BlueCross BlueShield of South Carolina
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1697
NOTICE by Defendants' Counsel BlueCross BlueShield of Tennessee
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1698
NOTICE by Defendants' Counsel Blue Cross and Blue Shield of Vermont
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
268
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 268 of 509
11/08/2017
1699
NOTICE by Defendants' Counsel Cambia Health Solutions Certification of
Cumulative Privilege Log Pursuant to Discovery Order No. 76 (Cohen,
Lucile) (Entered: 11/08/2017)
11/08/2017
1700
NOTICE by Defendants' Counsel Hawaii Medical Service Association
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1701
NOTICE by Defendants' Counsel Horizon Blue Cross Blue Shield of New
Jersey Certification of Cumulative Privilege Log Pursuant to Discovery
Order No. 76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1702
NOTICE by Defendants' Counsel Wellmark Blue Cross and Blue Shield
Certification of Cumulative Privilege Log Pursuant to Discovery Order No.
76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1703
NOTICE by Triple−S Salud, Inc. Certification of Cumulative Privilege Log
Pursuant to Discovery Order No. 76 (Cohen, Lucile) (Entered: 11/08/2017)
11/08/2017
1704
NOTICE by Blue Cross and Blue Shield of Alabama Certification Pursuant
to Discovery Order No. 76 (Malatesta, John) (Entered: 11/08/2017)
11/08/2017
1705
NOTICE by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield
NOTICE by Excellus BlueCertification of Cumulative Privilege Log Pursuant
to Discovery Order No. 76 (Clark, Anna) (Entered: 11/08/2017)
11/08/2017
1706
NOTICE by Premera Blue Cross CERTIFICATION PURSUANT TO
DISCOVERY ORDER NO. 76 (Payton, Gwendolyn) (Entered: 11/08/2017)
11/08/2017
1707
NOTICE by Defendants' Counsel USAble's Certification Pursuant to
Discovery Order No. 76 (Naranjo, Michael) (Entered: 11/08/2017)
11/08/2017
1708
NOTICE by Highmark BCBSD Inc., Highmark Inc., Highmark West
Virginia Inc. Certification Regarding Cumulative Privilege Log Pursuant to
Discovery Order No. 76 (Hogewood, Mark) (Entered: 11/08/2017)
11/08/2017
1709
NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Arizona's
Certification of Consolidated Privilege Log Pursuant to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1710
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas,
Inc.'s Certification of Consolidated Privilege Log Pursuant to Discovery
Order No. 76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1711
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas
City's Certification of Consolidated Privilege Log Pursuant to Discovery
Order No. 76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1712
NOTICE by Defendants' Counsel of Blue Cross of Idaho Health Service,
Inc.'s Certification of Consolidated Privilege Log Pursuant to Discovery
Order No. 76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1713
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of
Nebraska's Certification of Consolidated Privilege Log Pursuant to
Discovery Order No. 76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1714
269
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 269 of 509
NOTICE by Defendants' Counsel of HealthNow New York Inc.'s Certification
of Consolidated Privilege Log Pursuant to Discovery Order No. 76 (Sooy,
Kathleen) (Entered: 11/08/2017)
11/08/2017
1715
NOTICE by Defendants' Counsel of Noridian Mutual Insurance Company's
Certification of Consolidated Privilege Log Pursuant to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1716
NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Wyoming's
Certification of Consolidated Privilege Log Pursuant to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 11/08/2017)
11/08/2017
1717
NOTICE by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of
Montana, Inc., Health Care Service Corporation Certification of Privilege
Review Pursuant to Discovery Order No. 76 (Hogewood, Mark) (Entered:
11/08/2017)
11/09/2017
1718
TEXT ORDER amending 1677 Order. A response to 1676 & 1678
Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed Rate
Discovery is due no later than Monday, November 13, 2017, at 12:00 p.m. A
reply, if any, is due no later than Wednesday, November 15, 2017, at 4:00
p.m. Signed by Magistrate Judge T Michael Putnam on November 9, 2017.
(JTS) (Entered: 11/09/2017)
11/09/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 11/9/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 11/09/2017)
11/09/2017
1719
TEXT ORDER re 1680 Defendants' Notice Regarding Remaining
Third−Party Depositions. A response is due no later than November 14,
2017, at 12:00 p.m. A reply, if any, is due no later than November 16, 2017,
at 12:00 p.m. The issue is set for argument on November 16, 2017, at 2:00
P.M. in Courtroom 3B of the Hugo L. Black US Courthouse, Birmingham,
Alabama, before the undersigned, as set by the Order dated November 6,
2017 (doc. 1674 ). Signed by Magistrate Judge T Michael Putnam on
November 9, 2017. (JTS) (Entered: 11/09/2017)
11/09/2017
1720
ORDER Setting Hearing on Motion 1681 MOTION to Compel Third Party
AvMed, Inc: Motion Hearing set for Thursday, 11/30/2017 at 01:00 PM in
Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL before
Magistrate Judge T. Michael Putnam. Signed by Magistrate Judge T Michael
Putnam on 11/9/2017. (ASL) Modified on 11/13/2017 (ASL). (Entered:
11/09/2017)
11/09/2017
1721
ORDER re 1669 Status Report; response is due no later than 11/21/17; reply,
if any, is due no later than 11/28/17; court will hear argument regarding the
issue on 11/30/17 at 1:00 PM in Courtroom 3B. Signed by Magistrate Judge
T Michael Putnam on 11/9/2017. (ASL) (Entered: 11/09/2017)
11/10/2017
1722
STATUS REPORT BCBSAL's Justifications to Maintain Seal on Subscriber
Plaintiffs' Motion to Compel and Exhibit by Blue Cross and Blue Shield of
Alabama. filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl)
(Entered: 11/10/2017)
11/10/2017
1723
270
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 270 of 509
MOTION to Quash Subpoenas to Alabama Department of Insurance by Blue
Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Burkhalter, Carl) (Entered: 11/10/2017)
11/13/2017
Set/Reset Hearings (see order 1720 ): Motion Hearing 1681 set for Thursday,
11/30/2017 at 01:00 PM in Courtroom 3B, Hugo L Black US Courthouse,
Birmingham, AL before Magistrate Judge T Michael Putnam. (ASL)
(Entered: 11/13/2017)
11/13/2017
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 11/13/2017. (Court Reporter Leah Turner.) (KLL)
(Entered: 11/13/2017)
11/13/2017
1724
Opposition to Subscriber Plaintiffs' Motion to Compel Production of
BCBSAL's Statement in Connection with Consent Order filed by Blue Cross
and Blue Shield of Alabama. (Attachments: # 1 Exhibit A)(Burkhalter, Carl)
(Entered: 11/13/2017)
11/13/2017
1725
Opposition to Subscriber Plaintiffs' Omnibus Motion to Compel Remaining
Filed Rate Discovery filed by Blue Cross and Blue Shield of Alabama.
(Burkhalter, Carl) (Entered: 11/13/2017)
11/13/2017
1726
TEXT ORDER finding as moot 1670 and 1672 Subscriber Plaintiffs' Motion
to Compel Production of BCBS−AL's Documents About Out−of−State Sales
of Insurance Services, per the agreement of the parties. Signed by Magistrate
Judge T Michael Putnam on November 13, 2017. (JTS) (Entered:
11/13/2017)
11/13/2017
1727
DISCOVERY ORDER No 77 − denying 1610 Motion for Reconsideration.
Signed by Magistrate Judge T Michael Putnam on 11/13/2017. (KAM)
(Entered: 11/13/2017)
11/13/2017
1728
ORDER APPOINTING SEAL MASTER − the Court appoints R. Bernard
Harwood, Jr to serve as a Seal Master in this action with regard to
seal−related issues. Signed by Judge R David Proctor on 11/13/2017. (KAM)
(Entered: 11/13/2017)
11/13/2017
1729
Transcript of Proceedings held on 11/9/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/4/2017. Redacted Transcript Deadline set for 12/14/2017.
Release of Transcript Restriction set for 2/11/2018. (Attachments: # 1
Certification page) (KAM, ) (Entered: 11/13/2017)
11/14/2017
1730
RESPONSE to re 1680 Defendants' Notice Regarding Remaining
Third−Party Depositions (Provider Plaintiffs) filed by Plaintiffs' Counsel.
(Brown, W) (Entered: 11/14/2017)
271
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 271 of 509
11/14/2017
1731
RESPONSE to re 1680 Subscriber Plaintiffs' Response Regarding Remaining
Depositions filed by Plaintiffs' Counsel. (Hellums, Christopher) (Entered:
11/14/2017)
11/14/2017
1732
STATUS REPORT BCBSAL's Justifications to Maintain Seal on Exhibit
Contained in Subscriber Plaintiffs' Omnibus Motion to Compel Remaining
Filed Rate Discovery by Blue Cross and Blue Shield of Alabama. filed by
Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
11/14/2017)
11/14/2017
1733
SEALED MOTION to COMPEL the production of documents from
non−party provider Cahaba Medical Care by Blue Cross Blue Shield
Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(KAM, )
(Entered: 11/15/2017)
11/15/2017
1734
SEALED Transcript of Proceedings held on 11/13/2017, before Judge R.
David Proctor. Court Reporter/Transcriber Leah S. Turner. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/6/2017. Redacted Transcript Deadline set for 12/16/2017.
Release of Transcript Restriction set for 2/13/2018. (KAM, ) (Entered:
11/15/2017)
11/15/2017
1735
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1661 MOTION to
Compel Production of BCBS−AL's Statements in Connection with the
Consent Order [REDACTED] REDACTED filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered: 11/15/2017)
11/15/2017
1736
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 1676 MOTION to
Compel Subscriber Plaintiffs' Omnibus Motion to Compel Remaining Filed
Rate Discovery filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 11/15/2017)
11/15/2017
1737
***Document Sealed **SUBSCRIBER PLANTIFFS** unredacted version
of the Reply in Support of Their Omnibus Motion to Compel (KAM)
(Entered: 11/15/2017)
11/15/2017
1738
***Document Sealed ** SUBSCRIBER PLAINTIFFS** Unredacted version
of their Reply is Support of their Motion to Compel Production of
BCBS−AL's Statements in Connection with the Consent Order. (KAM)
(Entered: 11/15/2017)
11/15/2017
1739
STATUS REPORT on Outstanding Structured Data (Subscriber Plaintiffs)
by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
(Entered: 11/15/2017)
11/15/2017
1740
MOTION to Compel Baycare Health System Inc. by Blue Cross Blue Shield
Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
272
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 272 of 509
3)(Campbell, Andrew) (Entered: 11/15/2017)
11/15/2017
1741
MOTION for Reconsideration re 1667 Order (Discovery Order No. 76) by
Defendants' Counsel. (Sooy, Kathleen) Modified on 11/27/2017 (KAM, ).
(Entered: 11/15/2017)
11/15/2017
1742
MOTION for Extension of Time to File a Rule 72 Objection, or
Alternatively, to Treat Their Motion for Reconsideration as a Rule 72
Objection by Defendants' Counsel. (Sooy, Kathleen) (Entered: 11/15/2017)
11/16/2017
1743
REPLY to re 1680 Defendants' Reply Regarding Third−Party Depositions
filed by Defendants' Counsel. (Cottrell, Christa) (Entered: 11/16/2017)
11/16/2017
1744
REPLY to re 1680 Defendants' Corrected Reply Regarding Third−Party
Depositions filed by Defendants' Counsel. (Cottrell, Christa) (Entered:
11/16/2017)
11/16/2017
1745
RESPONSE in Opposition re 1742 MOTION for Extension of Time to File a
Rule 72 Objection, or Alternatively, to Treat Their Motion for
Reconsideration as a Rule 72 Objection (Joint) filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Brown, W) (Entered: 11/16/2017)
11/16/2017
1746
***Document Sealed − SUBSCRIBER PLAINTIFFS' Status Report
regarding newly produced document relating to Anthem's chronology
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (KAM, ) (Entered: 11/16/2017)
11/16/2017
1747
SEALED MOTION to Compel the production of certain documents from the
Non−Party Provider Healthcare Authority of the City of Huntsville by Blue
Cross Blue Shield Michigan. (KAM, ) (Additional attachment(s) added on
11/16/2017: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (KAM, ). (Entered: 11/16/2017)
11/16/2017
1748
STATUS REPORT Regarding Sampling Process by Plaintiffs' Liaison
Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered:
11/16/2017)
11/16/2017
1749
NOTICE of Appearance by Jeffrey John Fowler on behalf of Caring for
Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health
Care Service Corporation (Fowler, Jeffrey) (Entered: 11/16/2017)
11/16/2017
1750
SEALED MOTION **PROVIDER PLAINTIFFS'** Motion to Compel Blue
Cross and Blue Shield of Alabama to comply with its Rule 30(B0(6)
obligations. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(KAM) (Entered:
11/16/2017)
11/16/2017
1751
SEALED MOTION ** PROVIDER PLAINTIFFS'** Motion to Compel
Blue Corss and Blure Shield of Alabama to produce Truven, Thompson
Reuters and Milliman Data. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(KAM) (Entered: 11/16/2017)
11/16/2017
1752
MOTION to Compel Blue Cross and Blue Shield of Alabama to Comply With
Its Rule 30(b)(6) Obligations (Redacted) (Provider Plaintiffs) by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Whatley, Joe)
(Entered: 11/16/2017)
273
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 273 of 509
11/16/2017
1753
MOTION to Compel Blue Cross and Blue Shield of Alabama to Produce
Truven, Thompson Reuters, and Milliman Data (Redacted) (Provider
Plaintiffs) by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Whatley, Joe) (Entered:
11/16/2017)
11/16/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam and Judge R. David Proctor: Status Conference and Motion Hearing
held on 11/16/2017. (Court Reporter Christina Decker) (ASL) (Entered:
11/16/2017)
11/17/2017
1754
RESPONSE to re 1746 / Defendant Anthem Inc.'s Response to the Subscriber
Plaintiffs' Status Report Regarding Newly Produced Document Relating to
Anthem's Chronology filed by Anthem, Inc.. (Kurtz, Glenn) (Entered:
11/17/2017)
11/17/2017
1755
TEXT ORDER re 1733 BCBS−MI's Motion to Compel the Production of
Documents from Non−Party Provider Cahaba Medical Care, 1740
Defendants' Motion to Compel Baycare Health System, Inc., and 1747
BCBS−MI's Motion to Compel the Production of Certain Documents from
Non−Party Provider Healthcare Authority of the City of Huntsville. Any
responses to the motions are due no later than November 22, 2017, at 5:00
p.m. CST. Replies, if any, are due no later than November 29, 2017, at 12:00
p.m. CST. Signed by Magistrate Judge T Michael Putnam on November 17,
2017. (JTS) (Entered: 11/17/2017)
11/17/2017
1756
TEXT ORDER re 1751 1753 Provider Plaintiffs' Motion to Compel
BCBS−AL to Produce Truven, Thompson Reuters, and Milliman Data and
1750 1752 Motion to Compel BCBS−AL to Comply With its Rule 30(b)(6)
Obligations. Any responses to the motions are due November 28, 2017, at
12:00 p.m. CST. Pursuant to the Discovery Status Conference held on
November 17, 2017, no replies will be filed. Signed by Magistrate Judge T
Michael Putnam on November 17, 2017. (JTS) (Entered: 11/17/2017)
11/17/2017
1757
TEXT ORDER re 1739 Subscriber Plaintiffs' Updated Status Report on
Outstanding Structured Data. To the extent the Subscriber Plaintiffs wish to
file any motions regarding any outstanding structure data issues, the motions
may be filed no later than November 22, 2017, per the discussions of the
Status Conference held on November 16, 2017. If a motion is filed, any
response is due no later than November 29, 2017, at 12:00 p.m. CST. No
replies will be filed. Signed by Magistrate Judge T Michael Putnam on
November 17, 2017. (JTS) (Entered: 11/17/2017)
11/17/2017
1758
ORDER re 1741 MOTION for Reconsideration re 1667 Order (Discovery
Order No. 76) filed by Defendants' Counsel, and 1742 MOTION for
Extension of Time to File a Rule 72 Objection, or Alternatively, to Treat
Their Motion for Reconsideration as a Rule 72 Objection filed by
Defendants' Counsel. The Motion for Extension of Time to File Rule 72
Objection (doc. 1742) is DENIED IN PART and GRANTED IN PART. To
the extent the Motion requests an extension of time to file a Rule 72
objection, the Motion is DENIED. To the extent the Motion requests the
Motion to Reconsider Discovery Order No. 76 (doc. 1741) be treated as a
Rule 72 objection, the Motion is GRANTED. Signed by Magistrate Judge T
Michael Putnam on 11/17/2017. (JLC) (Entered: 11/17/2017)
274
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 274 of 509
11/17/2017
1759
MOTION for Protective Order Regarding Deposition of Michael Velezis by
Blue Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit
A)(Burkhalter, Carl) (Entered: 11/17/2017)
11/17/2017
1760
TEXT ORDER re 1759 BCBS−AL's Motion for Protective Order Regarding
Deposition of Michael Velezis. Any response to the motion is due no later
than November 22, 2017, at 5:00 p.m. CST. A reply, if any, is due no later
than November 29, 2017, at 12:00 p.m. CST. Signed by Magistrate Judge T
Michael Putnam on November 17, 2017. (JTS) (Entered: 11/17/2017)
11/20/2017
1761
TEXT ORDER−This matter is before the court on BCBS−AL's Motion to
Quash Subpoenas to the Alabama Department of Insurance. 1723 Any
response to the Motion is due on or before November 22, 2017 at 5:00 p.m.
CST. A reply, if any, is due on or before November 29, 2017 at 12:00 p.m.
CST. Signed by Judge R David Proctor on 11/20/2017. (KAM) (Entered:
11/20/2017)
11/20/2017
1762
MOTION for Protective Order by Alabama Department of Insurance.
(Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit
Exhibit C, # 4 Exhibit Exhibit D)(McDonald, John) (Entered: 11/20/2017)
11/20/2017
1763
ORDER APPOINTING PRIVILEGE MASTER − Pursuant to Federal Rule
of Civil Procedure 53, and with the agreement of the Parties, the court hereby
APPOINTS R. Bernard Harwood, Jr., to serve as a Privilege Master in this
action with regard to privilege log related issues. Signed by Judge R David
Proctor on 11/20/2017. (KAM, ) (Entered: 11/20/2017)
11/21/2017
1764
TEXT ORDER re 1674 Order dated November 6, 2017. The Status
Conference set by Discovery Order No. 1 (doc. 229), which was previously
scheduled for 1:00 p.m. on November 30, 2017, is RESET for 10:00 a.m. on
November 30, 2017, in Courtroom 3B of the Hugo L. Black US Courthouse,
Birmingham, Alabama, before the undersigned. Court reporter to be present.
Signed by Magistrate Judge T Michael Putnam on November 21, 2017. (JTS)
(Entered: 11/21/2017)
11/21/2017
1765
MOTION to Unseal Document 1734 Transcript,,, Provider Plaintiffs' Motion
to Unseal Transcript of November 13, 2017 Conference by Plaintiffs'
Counsel. (Brown, W) (Entered: 11/21/2017)
11/21/2017
1766
Transcript of Proceedings held on 11/16/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Christina Decker. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017.
Release of Transcript Restriction set for 2/19/2018. (KAM) (Entered:
11/21/2017)
11/21/2017
1767
275
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 275 of 509
ORDER granting 1661 Motion to Compel; granting 1663 Sealed Motion.
Signed by Judge R David Proctor on 11/21/2017. (KAM, ) (Entered:
11/21/2017)
11/21/2017
1768
RESPONSE in Opposition re 1681 MOTION to Compel Third Party AvMed,
Inc. filed by AvMed, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Treadwell, Raymond) (Entered: 11/21/2017)
11/21/2017
1769
RESPONSE to the Court's November 9, 2017 Order filed by VIVA Health
Inc.. (Ezelle, Jay) (Entered: 11/21/2017)
11/21/2017
1770
MOTION Maintain Seal re 1733 SEALED MOTION Third Party Provider
Cahaba Medical Care's Motion to Maintain Seal on Defendant Blue Cross
Blue Shield of Michigan's Motion to Compel the Production of Documents
and Accompanying Exhibits by Cahaba Medical Care. (Brown, W) (Entered:
11/21/2017)
11/21/2017
1771
NOTICE by Plaintiffs' Counsel Notice of Joinder in Motion to Unseal
Transcript of November 13, 2017 Conference (Hellums, Christopher)
(Entered: 11/21/2017)
11/21/2017
1779
***Document Sealed **Defendant BCBS of Michigan's MOTION TO
COMPEL Avantgarde Aviation Inc (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4) (KAM, ) Modified on 11/27/2017 (KAM, ).
(Entered: 11/22/2017)
11/22/2017
1772
RESPONSE in Opposition re 1723 MOTION to Quash Subpoenas to
Alabama Department of Insurance, 1762 MOTION for Protective Order filed
by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 11/22/2017)
11/22/2017
1773
RESPONSE in Opposition re 1740 MOTION to Compel Baycare Health
System Inc. filed by Baycare Health System, Inc.. (White, James) (Entered:
11/22/2017)
11/22/2017
1774
RESPONSE in Opposition re 1759 MOTION for Protective Order Regarding
Deposition of Michael Velezis filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ragsdale, Barry)
(Entered: 11/22/2017)
11/22/2017
1775
MOTION to Compel Defendants' Structured Data Production by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered:
11/22/2017)
11/22/2017
1776
STATUS REPORT Subscriber Plaintiffs' Report On Outstanding Non−Party
Structured Data by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums,
Christopher) (Entered: 11/22/2017)
11/22/2017
1777
MOTION to Seal Motion of Non−Party to Maintain Seal, And For Other
Relief by Health Care Authority of the City of Huntsville. (Kelly, Jeffrey)
(Entered: 11/22/2017)
11/22/2017
1778
RESPONSE to Motion re 1747 SEALED MOTION TO COMPEL filed by
Health Care Authority of the City of Huntsville. (Kelly, Jeffrey) (Entered:
11/22/2017)
276
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 276 of 509
11/22/2017
1780
***Document Sealed ** SUBSCRIBER PLAINTIFFS'** Exhibit A to
Motion and Incorporated Memorandum to Compel Defendants' Structured
Data Production 1775 (KAM, ) (Entered: 11/22/2017)
11/22/2017
1781
RESPONSE in Opposition re 1733 SEALED MOTION Third Party Provider
Cahaba Medical Care's Response in Opposition to Defendant Blue Cross
Blue Shield of Michigan's Motion to Compel the Production of Documents
(Redacted) filed by Cahaba Medical Care. (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3)(Brown, W) (Entered: 11/22/2017)
11/22/2017
1782
RESPONSE to Motion re 1747 SEALED MOTION Provider Plaintiffs'
Response to Defendant Blue Cross Blue Shield of Michigan's Motion to
Compel the Production of Documents From Huntsville Hospital filed by
Plaintiffs' Counsel. (Brown, W) (Entered: 11/22/2017)
11/22/2017
1783
STATUS REPORT Plaintiffs' and Defendants' Joint Status Report on
Post−December 1, 2017 Depositions by Defendants' Counsel. filed by
Defendants' Counsel (West, Kimberly) (Entered: 11/22/2017)
11/22/2017
1786
***Document Sealed ** Third Party Provider Cahaba Medical Care's
Response in Opposition to Defendant Blue Cross Blue Shield of Michigan's
Motion to Compel Production of Documents (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3) (KAM) (Entered: 11/27/2017)
11/24/2017
1784
STATUS REPORT Justifications to Maintain Seals on Certain Exhibits
Contained in Provider Plaintiffs' Motion to Compel BCBSAL to Comply with
its Rule 30(b)(6) Obligations by Blue Cross and Blue Shield of Alabama.
filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
11/24/2017)
11/24/2017
1785
STATUS REPORT Justifications to Maintain Redactions and Seals on
Provider Plaintiffs' Motion to Compel BCBSAL to Produce Truven,
Thompson Reuters, and Milliman Data and Accompanying Exhibits by Blue
Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of
Alabama (Burkhalter, Carl) (Entered: 11/24/2017)
11/27/2017
1787
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2017 through
October 31, 2017 in this matter as it relates to services rendered for both
sides of the case, and totaling $14,000.00. Signed by Judge R David Proctor
on 11/27/2017. (KAM) (Entered: 11/27/2017)
11/27/2017
1788
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENTfor
services rendered and expenses incurred from October 1, 2017 through
October 31, 2017 in this matter relating solely to services provided to the
Plaintiffs, and totaling $53,000.00. Signed by Judge R David Proctor on
11/27/2017. (KAM, ) (Entered: 11/27/2017)
11/27/2017
1789
TEXT ORDER re 1779 Defendant BCBS−MI's Motion to Compel
Avantgarde Aviation, Inc. Any response to the motion is due no later than
December 1, 2017, at 5:00 p.m. CST. A reply, if any, is due no later than
December 6, 2017, at 12:00 p.m. CST. Signed by Magistrate Judge T
Michael Putnam on November 27, 2017. (JTS) (Entered: 11/27/2017)
11/27/2017
1790
277
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 277 of 509
MOTION for Protective Order Regarding the Deposition of Community
Health Systems (Provider Plaintiffs) by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A)(Brown, W) (Entered: 11/27/2017)
11/28/2017
1791
Opposition to Provider Plaintiffs' Motion to Compel BCBSAL to Produce
Truven, Thompson Reuters, and Milliman Data filed by Blue Cross and Blue
Shield of Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Malatesta,
John) (Entered: 11/28/2017)
11/28/2017
1792
REPLY to re 1681 Motion to Compel Third Party AvMed, Inc. filed by
Defendants' Counsel. (Cottrell, Christa) (Entered: 11/28/2017)
11/28/2017
1793
***Document Sealed **BCBS of Alabama's Reply to Subscriber Plaintiffs'
consolidated response regarding subpoenas to Alabama Department of
Insurance (Attachments: # 1 Exhibit A) (KAM) (Entered: 11/28/2017)
11/28/2017
1794
MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Schreiber, J)
(Entered: 11/28/2017)
11/28/2017
1795
SEALED MOTION ** Subscriber Plaintiffs' Supplemental Motion to
Compel Blue Cross and Blue Shield of Alabama to produce Truven Data.
(Attachments: # 1 Exhibit 1)(KAM) (Entered: 11/28/2017)
11/28/2017
1796
TEXT ORDER − This matter is before the court on (a) Subscriber Plaintiffs'
Consolidated Response Regarding Subpoenas to Alabama Department of
Insurance 1772 and (b) BCBS−AL's Reply to Subscriber Plaintiffs'
Consolidated Response Regarding Subpoenas to Alabama Department of
Insurance. 1793 In light of those filings 1772 1793 : (1) BCBS−AL's Motion
to Quash Subpoenas to Alabama Department of Insurance 1723 and (2) the
Alabama Department of Insurance's Motion to Quash Subpoenas or for
Protective Order 1762 are MOOT. Signed by Judge R David Proctor on
11/28/2017. (KAM, ) (Entered: 11/28/2017)
11/28/2017
1797
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney J. Allen Schreiber. 1794 The Motion 1794 is GRANTED.
The Clerk of the Court is directed to terminate attorney Schreiber. Signed by
Judge R David Proctor on 11/28/2017. (KAM, ) (Entered: 11/28/2017)
11/29/2017
1798
RESPONSE to Motion re 1765 MOTION to Unseal Document 1734
Transcript,,, Provider Plaintiffs' Motion to Unseal Transcript of November
13, 2017 Conference filed by Anthem, Inc.. (Kurtz, Glenn) (Entered:
11/29/2017)
11/29/2017
1799
REPLY Brief filed by Defendant Blue Cross Blue Shield Michigan re: 1773
Response in Opposition to Motion, 1740 MOTION to Compel Baycare
Health System Inc. filed by Blue Cross Blue Shield Michigan. (Campbell,
Andrew) (Entered: 11/29/2017)
11/29/2017
1800
RESPONSE to re 1765 Plaintiffs' Motion to Unseal Transcript of November
13, 2017 Conference filed by Defendants' Counsel. (Laytin, Daniel) (Entered:
11/29/2017)
11/29/2017
1801
RESPONSE in Opposition re 1775 MOTION to Compel Defendants'
Structured Data Production filed by Anthem, Inc.. (Hoover, Craig) (Entered:
11/29/2017)
278
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11/29/2017
1802
RESPONSE to Motion re 1775 MOTION to Compel Defendants' Structured
Data Production filed by Defendants' Counsel. (Norman, Brian) (Entered:
11/29/2017)
11/29/2017
1803
RESPONSE in Opposition re 1775 MOTION to Compel Defendants'
Structured Data Production filed by Excellus Health Plan, Inc. d/b/a Excellus
BlueCrossBlueShield. (Clark, Anna) (Entered: 11/29/2017)
11/29/2017
1804
***Document Sealed ** Blue Cross Blue Sheild of Michigan's REPLY in
support of its Motion to Compel the production of documents from
Non−Party Provider Cahaba Medical Care (KAM) (Entered: 11/29/2017)
11/29/2017
1805
***Document Sealed **Blue Cross Blue Shield of Michigan's Reply in
support of its Motion to Compel the production of certain documents from
non−party provider Healthcare Authority of the City of Huntsville (KAM)
(Entered: 11/29/2017)
11/29/2017
1806
NOTICE by Plaintiffs' Counsel re 1775 MOTION to Compel Defendants'
Structured Data Production by Subscriber Plaintiffs (Ragsdale, Barry)
(Entered: 11/29/2017)
11/29/2017
1807
RESPONSE in Opposition re 1742 MOTION for Extension of Time to File a
Rule 72 Objection, or Alternatively, to Treat Their Motion for
Reconsideration as a Rule 72 Objection filed by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A)(Hellums, Christopher) (Entered: 11/29/2017)
11/29/2017
1808
Opposition to re 1790 Provider Plaintiffs' Motion for a Protective Order
Barring the Deposition of Community Health Systems filed by Defendants'
Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 5)(Sooy, Kathleen) (Entered: 11/29/2017)
11/29/2017
1809
***Document Sealed ** Subscriber & Provider Plaintiffs' Opposition to
Defendants' Rule 72 Objection to discovery order 76 (Attachments: # 1
Exhibit A) (KAM, ) (Entered: 11/29/2017)
11/30/2017
1810
SEALED MOTION **BCBS MICHIGAN's MOTION to Compel Subscriber
Plaintiffs to supplement their responses to defendants' first set of discovery
requests pursuant to Discovery Order No. 75 by Blue Cross Blue Shield
Michigan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4)(KAM) (Entered: 11/30/2017)
11/30/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference held on 11/30/2017 and Motion Hearing held on
11/30/2017: re 1681 , 1733 , 1740 , 1747 , 1775 , 1790 ; argument by
counsel; status updates; hrg adj (Court Reporter Sabrina Lewis) (ASL)
(Entered: 11/30/2017)
11/30/2017
1811
MOTION for Protective Order Regarding Plaintiffs' Non−Party Subpoena to
Peter Kilmartin by Peter Kilmartin. (Attachments: # 1 Exhibit A)(Plant,
Adam) (Entered: 11/30/2017)
11/30/2017
1812
TEXT ORDER re 1669 Subscribers' Status Report on Outstanding Structured
Data, which was construed as a motion as to United and Viva by 1721 Order
dated November 9, 2017. The issue is MOOT, per the discussions of the
parties at the Discovery Status Conference held on November 30, 2017.
Signed by Magistrate Judge T Michael Putnam on November 30, 2017. (JTS)
279
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 279 of 509
(Entered: 11/30/2017)
11/30/2017
1813
DISCOVERY ORDER NO. 78 denying 1790 Motion for Protective Order ;
The deposition of Community Health is ORDERED to proceed on December
6, 2017, as scheduled. Signed by Magistrate Judge T Michael Putnam on
11/30/2017. (KAM) (Entered: 11/30/2017)
11/30/2017
1814
REPLY to re 1765 Provider Plaintiffs' Reply In Support of Their Motion to
Unseal Transcript of November 13, 2017 Conference filed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 11/30/2017)
12/01/2017
1815
***Document Sealed **SUBSCRIBER PLAINTIFFS' Opposition to
BCBS−MI's Motion to Compelo (Attachments: # 1 Exhibit A, # 2 Exhbit B,
# 3 Exhibit C) (KAM, ) (Entered: 12/01/2017)
12/01/2017
1816
SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS'
Motion Challenging Assertion of Privilege Over Documents Produced by
Defendants Anthem, Inc and Capital Bluecross. (Attachments: # 1 Exhibit 1,
# 2 Exhibit 2, # 3 Exhibit 3)(KAM) (Entered: 12/01/2017)
12/04/2017
1817
DISCOVERY ORDER No. 79: re 1681 Motion to Compel Third Party
AvMed, Inc.− The motion is GRANTED as set out within. Signed by
Magistrate Judge T Michael Putnam on 12/4/17. (SAC ) Modified on
12/4/2017 (SAC ). (Entered: 12/04/2017)
12/04/2017
1818
RESPONSE in Support re 1741 MOTION for Reconsideration re 1667 Order
(Discovery Order No. 76) filed by Defendants' Counsel. (Sooy, Kathleen)
(Entered: 12/04/2017)
12/04/2017
1819
JOINT PROTECTIVE ORDER: re 1811 Motion for Protective order is
GRANTED as set out within. Signed by Magistrate Judge T Michael Putnam
on 12/4/17. (SAC ) (Entered: 12/04/2017)
12/04/2017
1820
DISCOVERY ORDER No. 80: − DENYING 1676 Motion to Compel.
Documents required to be produced pursuant to this Order shall be produced
by December 20, 2017. Signed by Magistrate Judge T Michael Putnam on
12/4/17. (SAC ) (Entered: 12/04/2017)
12/05/2017
1821
TEXT ORDER−By agreement of the parties, BCBS−AL's Motion for
Protective Order Regarding Deposition of Michael Velezis (Doc. # 1759) is
MOOT.Signed by Judge R David Proctor on 12/5/2017. (KAM) (Entered:
12/05/2017)
12/05/2017
1822
ORDER pending before the court is 1816 SEALED MOTION Plaintiffs
Motion Challenging Assertion of Privilege over Documents Produced by
Defendants Anthem, Inc. and Capital Bluecross; any responses are due no
later than Monday, December 11, 2017 at 5:00 p.m. CST; dfts may submit
challenged documents for in camera review by email; any reply is due by
Wednesday, December 13, 2017 at 12:00 p.m. CST; Motion is set for
argument on 12/14/2017 03:00 PM during the weekly telephone conference
before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T
Michael Putnam on 12/5/2017. (KAM) (Entered: 12/05/2017)
12/05/2017
1823
***Document Sealed **BCBS of ALABAMA Response to Subscriber
Plaintiffs' Supplemental Motion to Compel Truven Data (Attachments: # 1
Exhibit A) (KAM) (Entered: 12/05/2017)
280
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 280 of 509
12/05/2017
1824
DISCOVERY ORDER NO. 81 granting 1747 Sealed Motion BCBS of
Michigan's Motion to Compel the Production of certain documents from
Non−Party Provider Healthcare Authority of the City of Huntsville;
Huntsville is ORDERED to produce (1) redacted copies of its payer contracts
from January 1, 2010, to December 31, 2015, containing exclusivity
provisions sufficient to identify only the payer identity and the exclusivity
provision contained in the contract and (2) documents from January 1, 2010,
to December 31, 2015, sufficient to show the necessity for the exclusivity
provisions but redacted to prevent disclosure of rates negotiated to acquire
the exclusivity provisions.Defendant Blue Cross Blue Shield of Michigans
Motion to Compel the Production of Documents from Non−Party Provider
Cahaba Medical Care 1733 is GRANTED, and Cahaba is ORDERED to
produce its Medicaid, Medicare, and commercial payer rates from January 1,
2008, to December 31, 2013 Signed by Magistrate Judge T Michael Putnam
on 12/5/2017. (KAM) Modified on 12/6/2017 (KAM, ). (Entered:
12/05/2017)
12/05/2017
1825
STATUS REPORT Subscriber Plaintiffs' Updated Report on Motion to
Compel Defendants Blue Cross Blue Shield of Alabama to Produce
Identifying Data by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Ragsdale,
Barry) (Entered: 12/05/2017)
12/05/2017
1826
STATUS REPORT Justifications to Maintain Seal on Exhibit 1 to Subcriber
Plaintiffs' Supplemental Motion to Compel BCBSAL to Produce Truven Data
by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and Blue
Shield of Alabama (Burkhalter, Carl) (Entered: 12/05/2017)
12/06/2017
1827
MOTION to Seal /Maintain Seal on Defendant Blue Cross Blue Shield of
Michigan's Reply in Support of Motion to Compel the Production of
Documents and Accompanying Exhibits by Cahaba Medical Care. (Brown,
W) (Entered: 12/06/2017)
12/06/2017
1828
***Document Sealed **DEFENDANTS' Reply in support of its Motion to
compel Avantgarde Aviation Inc (Attachments: # 1 EX 5) (KAM, ) (Entered:
12/06/2017)
12/06/2017
1829
STATUS REPORT on Late Production of Documents by Defendants by
Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Hellums, Christopher)
(Entered: 12/06/2017)
12/06/2017
1830
DISCOVERY ORDER No 82 − granting in part and denying in part 1740
Motion to Compel non−party medical provider, Baycare Health System, Inc.,
to produce documents response to a subpoena served on it by defendants on
December 1, 2016, as well as produce a Rule 30(b)(6) witness for deposition
testimony as further set out in this order. Signed by Magistrate Judge T
Michael Putnam on 12/6/2017. (KAM) (Entered: 12/06/2017)
12/06/2017
1831
DISCOVERY ORDER No 83 granting 1775 Subscriber Plaintiffs' Motion to
Compel Defendants Structured Data Production, specifically as it relates to
Anthem ; Anthem is directed to certify medical, pharmacy and capitation
clams data truly does not exist and why search for this data is impractical and
unnecessary; Search again for the missing total claims expense data for
BCBS of GA and BCBS Healthcare Plan of Georgia Inc in accordance with
the instructions set forth in this order. Signed by Judge R David Proctor on
281
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 281 of 509
12/6/2017. (KAM, ) (Entered: 12/06/2017)
12/06/2017
1832
STATUS REPORT Justification to Maintain Redaction and Seal on
Plaintiffs' Opposition to Defendants' Rule 72 Objection to Discovery Order
76 and Accompanying Exhibit by Blue Cross and Blue Shield of Alabama.
filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
12/06/2017)
12/07/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 12/7/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 12/07/2017)
12/08/2017
1833
Transcript of Proceedings held on November 30, 2017, before Judge T.
Michael Putnam. Court Reporter/Transcriber Sabrina Lewis, Telephone
number (205) 278−2065. 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. NOTICE: The parties have seven (7) calendar
days to file with the Court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript will be made remotely
electronically available to the public without redaction after 90 calendar days.
(A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/29/2017. Redacted Transcript Deadline set for 1/8/2018.
Release of Transcript Restriction set for 3/8/2018. (MRR, ) (Entered:
12/08/2017)
12/08/2017
1834
Justifications for Keeping Sealed Plaintiffs' Motion Challenging Certain
Clawback Requests of Inadvertently Produced Privileged Documents by
Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
Modified on 12/11/2017 (JLC). (Entered: 12/08/2017)
12/11/2017
1836
***Document Sealed **DEFENDANTS'** Opposition to plaintiffs' motion
challenging assertion of privilege over document produced by defendant
Anthem, Inc (KAM) (Entered: 12/12/2017)
12/11/2017
1837
***Document Sealed **DEFENDANT Capital BlueCross's** RESPONSE
to plaintiffs' motion challenging assertion of privilege (Attachments: # 1
Declaration) (KAM) (Entered: 12/12/2017)
12/12/2017
1835
DISCOVERY ORDER No. 84 granting in part and denying in part 1779
Motion to compel; the motion is GRANTED insofar as Avantgarde is
ORDERED to provide certification as to its discovery responses to
BCBS−MIs August 21, 2017, discovery requests. Otherwise, the Motion is
DENIED; Documents responsive to Categories 2 4, 6, and 7 simply are not
relevant to the prioritized Alabama Action, and documents responsive to
Category 5 already have been produced; The court further DENIES
BCBS−MIs request for an additional deposition. Signed by Magistrate Judge
T Michael Putnam on 12/12/20107. (KAM) (Entered: 12/12/2017)
12/12/2017
1838
Transcript of Proceedings held on 12/7/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. Transcript may be
viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
282
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 282 of 509
Restriction. After that date it may be obtained through PACER. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018.
Release of Transcript Restriction set for 3/12/2018. (Attachments: # 1
certification) (KAM, ) (Entered: 12/12/2017)
12/12/2017
1839
STATUS REPORT Justifications to Maintain Seal on Its Response to
Subscriber Plaintiffs' Supplemental Motion to Compel Truven Data and
Accompanying Exhibit by Blue Cross and Blue Shield of Alabama. filed by
Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
12/12/2017)
12/13/2017
1840
***Document Sealed **PLAINTIFFS'** Reply in support of Motion
challenging assertion of privilege over documents produced by defendants
Anthem, Inc and Capital Bluecross (Attachments: # 1 Exhibit 1, # 2 Exhibit 2
part 1, # 3 Exhibit 2 part 2, # 4 Exhibit 2 part 3) (KAM) (Entered:
12/13/2017)
12/13/2017
1841
***Document Sealed ***PLAINTIFFS'*** AMENDED Reply in support of
Motion challenging assertion of privilege over documents produced by
defendants Anthem, Inc and Capital BlueCross (Attachments: # 1 Exhibit 1,
# 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 Part 1, # 6 Exhibit 5
Part 2, # 7 Exhibit 5 Part 3) (KAM) (Entered: 12/13/2017)
12/13/2017
1842
Brief re 1832 Status Report, . (Stokes, Tammy) (Entered: 12/13/2017)
12/14/2017
1843
TEXT ORDER finding as moot 1751 and 1753 Providers' Motion to Compel
BCBS−AL to Produce Truven, Thompson Reuters, and Milliman Data, per
the agreement of the parties at the weekly telephone conference. Signed by
Magistrate Judge T Michael Putnam on December 14, 2017. (JTS) (Entered:
12/14/2017)
12/14/2017
1844
TEXT ORDER finding as moot 1795 Subscribers' Supplemental Motion to
Compel BCBS−AL to Produce Truven Data, per the agreement of parties at
the weekly telephone conference. Signed by Magistrate Judge T Michael
Putnam on December 14, 2017. (JTS) (Entered: 12/14/2017)
12/14/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 12/14/2017. (Court Reporter Sabrina
Lewis) (ASL) (Entered: 12/14/2017)
12/15/2017
1845
Transcript of Proceedings held on 12/7/2017, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
283
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http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/5/2018. Redacted Transcript Deadline set for 1/15/2018.
Release of Transcript Restriction set for 3/15/2018. (Attachments: # 1
Certification) (KAM, ) (Entered: 12/15/2017)
12/15/2017
1846
RESPONSE to Defendants' Seal Justifications filed by Plaintiffs' Counsel.
(Stokes, Tammy) (Entered: 12/15/2017)
12/18/2017
1847
STATUS REPORT Defendants' Justifications for Keeping Sealed Opposition
and Reply Briefs Regarding Plaintiffs' Motion Challenging Privilege
Assertions by Defendants' Counsel. filed by Defendants' Counsel (Donnell,
Sarah) (Entered: 12/18/2017)
12/18/2017
1848
AMENDMENT TO DISCOVERY ORDER No. 76. Signed by Magistrate
Judge T Michael Putnam on 12/18/2017. (KAM) (Entered: 12/18/2017)
12/19/2017
1849
ORDER re 1816 SEALED MOTION Challenging Assertion of Privilege
over Documents Produced by Defendants Anthem, Inc. and Capital
Bluecross. The Court hereby ORDERS the following documents set out
herein to be produced by Anthem and BCBSA for in camera review. The
defendants may submit the documents for in camera review either by hand
delivery or by overnight mail directly to Chambers, marked "Confidential, In
Camera" by December 27, 2017. Signed by Magistrate Judge T Michael
Putnam on 12/19/2017. (JLC, ) (Entered: 12/19/2017)
12/20/2017
1850
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on January 11, 2018, at 1:00 p.m. in Courtroom 3B of the
Hugo L. Black US Courthouse, Birmingham, Alabama, before Magistrate
Judge T Michael Putnam. Court reporter to be present. Any written
submissions are governed by subsection II.D.2 of Discovery Order No. 1, as
amended. Signed by Magistrate Judge T Michael Putnam on December 20,
2017. (JTS) (Entered: 12/20/2017)
12/21/2017
1851
Transcript of Proceedings held on December 14, 2017, before Judge T.
Michael Putnam and Judge R. David Proctor. Court Reporter/Transcriber
Sabrina Lewis, Telephone number (205) 278−2065. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/11/2018. Redacted Transcript Deadline set for 1/21/2018.
Release of Transcript Restriction set for 3/21/2018. (MRR, ) (Entered:
12/21/2017)
12/21/2017
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 12/21/2017. (Court Reporter Teresa
Roberson) (ASL) (Entered: 12/21/2017)
12/27/2017
1852
284
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***Document Sealed ***BCBSA and ANTHEM's** Memorandum
regarding their in camera submission of documents pursuant to the court's
12/19/2017 Order (KAM) (Entered: 12/28/2017)
01/03/2018
1853
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 11/1/2017 through 11/30/2017
in this matter as it relates to services rendered for both sides of the case, and
totaling $6,000.00. Signed by Judge R David Proctor on 1/3/2018. (KAM)
(Entered: 01/03/2018)
01/03/2018
1854
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 11/1/2017 through 11/30/2017
in this matter relating solely to services provided to the Plaintiffs, and
totaling $51,000.00. Signed by Judge R David Proctor on 1/3/2018. (KAM)
(Entered: 01/03/2018)
01/04/2018
1855
STATUS REPORT BCBSA & Anthem's Justifications for Keeping Sealed
Their In Camera Submission of Documents and Accompanying Memorandum
by Defendants' Counsel. filed by Defendants' Counsel (Donnell, Sarah)
(Entered: 01/04/2018)
01/09/2018
1856
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) to be held on January 11, 2018, at 1:00 p.m. hereby is CANCELLED.
Signed by Magistrate Judge T Michael Putnam on January 9, 2018. (JTS)
(Entered: 01/09/2018)
01/11/2018
1857
ORDER REGARDING CERTAIN DEADLINES − The following deadlines
from the courts Third Amended Scheduling Order 1567 are
SUSPENDED:The January 15, 2018 deadline for filing Class Certification
Motions; The deadline for Daubert motions seeking to exclude class
certification expert witnesses; and the April 3, 2018 deadline for filing
Dispositive Motions; The court relieves the parties of these deadlines because
they have asked the court for the opportunity to explore the possibility of a
resolution of this matter; if the court is informed by the Special Master that
this opportunity is no longer proving fruitful, the court will promptly issue its
decision on the appropriate standard of review, and will set a hearing to
discuss an aggressive schedule for the first phase of this case, including class
certification motions, Daubert motions, and dispositive motions.DONE and
ORDERED this January 11, 2018.Signed by Judge R David Proctor on
1/11/2018. (KAM) (Entered: 01/11/2018)
01/11/2018
1858
***Document Sealed ** PLAINTIFFS' Response to BCBSA and Anthem's
Memorandum regarding their in camera submission of documents pursuant to
the Court's 12/19/2017 Order (Attachments: # 1 Exhibit 1) Exhibit 220, # 2
Exhibit 2) Exhibit 221, # 3 Exhibit 3) Exhibit 222, # 4 Exhibit 4, # 5 Exhibit
5) Exhbit 44) (KAM) (Entered: 01/11/2018)
01/12/2018
1859
AMENDED ORDER REGARDING CERTAIN DEADLINES − The
following deadlines from the courts Third Amended Scheduling Order 1567
are SUSPENDED:The January 15, 2018 deadline for filing Class
Certification Motions; The January 31, 2018 deadline for Damages and
Merits Expert Reports; The deadline for Daubert motions seeking to exclude
class certification expert witnesses; and The April 3, 2018 deadline for filing
Dispositive Motions; The court relieves the parties of these deadlines because
285
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 285 of 509
they have asked the court for the opportunity to explore the possibility of a
resolution of this matter. If the court is informed by the Special Master that
this opportunity is no longer proving fruitful, the court will promptly issue its
decision on the appropriate standard of review, and will set a hearing to
discuss an aggressive schedule for the first phase of this case, including class
certification motions, expert reports, Daubert motions, and dispositive
motions. Signed by Judge R David Proctor on 1/12/2018. (KAM) (Entered:
01/12/2018)
01/17/2018
1860
ORDER Status Conference set for 1/25/2018 01:00 PM before Magistrate
Judge T Michael Putnam. Per the request of the parties, during the January
25, 2018, In−Person Status Conference, the court will hear argument on a
privilege dispute concerning production ordered by Discovery Order No. 80.
Simultaneous briefing by the parties is to be completed no later than Monday,
January 22, 2018, at 12:00 p.m. (Noon) CST. Signed by Magistrate Judge T
Michael Putnam on 1/17/2018. (KAM) (Entered: 01/17/2018)
01/18/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 1/18/2018. (Court Reporter Teresa
Roberson) (ASL) (Entered: 01/18/2018)
01/19/2018
1861
STATUS REPORT BCBSA and Anthem's Justifications for Keeping Sealed
Plaintiffs' Response to BCBSA and Anthem's In Camera Submission of
Documents and Accompanying Memorandum by Defendants' Counsel. filed
by Defendants' Counsel (Donnell, Sarah) (Entered: 01/19/2018)
01/19/2018
1862
Transcript of Proceedings held on 1/19/2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/9/2018. Redacted Transcript Deadline set for 2/19/2018.
Release of Transcript Restriction set for 4/19/2018. (Attachments: # 1 Cert
page) (KAM, ) (Entered: 01/19/2018)
01/22/2018
1863
Brief BCBSAL'S Memorandum Regarding Privileged Email Communications
and Draft Refund Letters. (Attachments: # 1 Exhibit A−F, # 2 Exhibit
G)(Burkhalter, Carl) (Entered: 01/22/2018)
01/22/2018
1864
MOTION to Compel Production of Filed Rate Discovery and Challenging
Assertion of Privilege by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
Exhibit A (Filed Under Seal), # 2 Exhibit Exhibit B (Filed Under
Seal)(Hellums, Christopher) (Entered: 01/22/2018)
01/22/2018
1865
SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS'
Motion to Compel production of filed rate discovery and challenging
assertion of privilege. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM)
(Entered: 01/22/2018)
286
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 286 of 509
01/22/2018
1866
TEXT ORDER finding as moot 1750 and 1752 Provider Plaintiffs' Motion to
Compel BCBS−AL to Comply with its Rule 30(b)(6) Obligations, per the
agreement of parties during the January 18, 2018, Weekly Telephone
Conference. Signed by Magistrate Judge T Michael Putnam on January 22,
2018. (JTS) (Entered: 01/22/2018)
01/23/2018
1867
STATUS REPORT to Judge Putnam Regarding Redaction and Privilege
Issues Related to Depositions of Terry Kellogg and Robin Stone by Plaintiffs'
Counsel. filed by Plaintiffs' Counsel (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe) (Entered: 01/23/2018)
01/23/2018
1868
***Document Sealed **PLAINTIFFS' Status Report regarding redaction and
privilege issues related to depositions of Terry Kellogg and Robin Stone
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)
(KAM) (Entered: 01/24/2018)
01/24/2018
1869
ORDER − SUPPLEMENT TO THE AMENDMENT TO DISCOVERY
ORDER NO. 76 − Protocol for Privilege Reports and Recommendations;
Judge Harwood shall file the Report and Recommendations onto the docket
via the Electronic Case Filing system. To the extent a R&R quotes or refers
in great detail to privileged material, Judge Harwood shall redact such
material and file a redacted version of the RR Judge Harwood shall
physically deliver a copy of the unredacted Report and Recommendation on a
USB flash drive or other medium to Judge Cooglers courtroom deputy or
career law clerk at the Tuscaloosa Federal Building and Courthouse, located
at 2005 University Boulevard, Tuscaloosa, Alabama 35401; The name of
the.PDF version of the unredacted R&R shall contain the document number
of the filed redacted Report and Recommendation; The unredacted R&R will
then be entered as a sealed attachment to the redacted R&R that only court
personnel will be able to access; Contemporaneously with filing the redacted
R&R, Judge Harwood shall securely transmit the unredacted R&R to the
interested Blue Cross Blue Shield (BCBS) entity whose privileged matter is
the subject of the RR Any objections to the R&R and responses to said
objections shall be filed in accordance with the Amendment to Discovery
Order No. 76 1848 ; All other deadlines announced in the Amendment to
Discovery Order No. 76 remain operative; to the extent the BCBS entities
have not done so already, the BCBS entities are DIRECTED to individually
(or by group if represented by the same counsel) contact Judge Harwood
teams with information detailing how Judge Harwood should securely
transmit the unredacted Report and Recommendation to each interested
BCBS entity. Signed by Magistrate Judge T Michael Putnam on 1/24/2018.
(KAM) (Entered: 01/24/2018)
01/25/2018
1870
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER. (Harwood, R) (Entered: 01/25/2018)
01/25/2018
1871
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF WYOMING. (Harwood, R) (Additional
attachment(s) added on 1/25/2018: # 1 Exhibit Unredacted Copy) (PSM, ).
(Additional attachment(s) added on 1/31/2018: # 2 redacted order) (KAM, ).
(Entered: 01/25/2018)
01/25/2018
1872
287
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 287 of 509
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF SOUTH CAROLINA. (Harwood, R)
(Entered: 01/25/2018)
01/25/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 1/25/2018; argument by
counsel re MOTION doc 1864 ; hrg adj (Court Reporter Teresa Roberson)
(ASL) (Entered: 01/25/2018)
01/26/2018
1873
ORDER 1868 Plaintiffs Status Report to Judge Putnam Regarding Redaction
and Privilege Issues Related to Depositions of Terry Kellogg and Robin
Stone is construed as a motion and set for hearing; Motion Hearing set for
2/6/2018 11:00 AM before Magistrate Judge T Michael Putnam. Signed by
Magistrate Judge T Michael Putnam on 1/26/2018. (KAM) (Entered:
01/26/2018)
01/26/2018
1874
Transcript of Proceedings held on 1/25/2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Teresa Roberson. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/16/2018. Redacted Transcript Deadline set for 2/26/2018.
Release of Transcript Restriction set for 4/26/2018. (Attachments: # 1
Certification) (KAM, ) (Entered: 01/26/2018)
01/26/2018
1875
TEXT ORDER re 1873 Order dated January 26, 2018. The Motion Hearing
previously set for February 6, 2018, by the Order dated January 26, 2018, is
RESET for February 20, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black
US Courthouse, Birmingham, AL before Judge T Michael Putnam. Court
reporter to be present. Signed by Magistrate Judge T Michael Putnam on
January 26, 2018. (JTS) (Entered: 01/26/2018)
01/29/2018
1876
TEXT ORDER amending 1873 Order dated January 26, 2018. Responses are
due no later than February 8, 2015, and replies, if any, are due no later than
February 15, 2018. All other issue limitations set forth in the Order dated
January 26, 2018, remain in effect. Signed by Magistrate Judge T Michael
Putnam on January 29, 2018. (JTS) (Entered: 01/29/2018)
01/29/2018
1877
DISCOVERY ORDER No. 85 − denying 1864 Motion to Compel Production
of Filed Rate Discovery and Challenging Assertion of Privilege. Signed by
Magistrate Judge Michael T. Putnam on 1/29/2018. (KAM) Modified on
1/30/2018 (KAM, ). (Entered: 01/29/2018)
01/29/2018
1878
ORDER DENYING 1741 MOTION for Reconsideration and
OVERRULING the Objections. Signed by Judge R David Proctor on
1/29/2018. (JLC) (Entered: 01/29/2018)
01/29/2018
1879
288
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 288 of 509
STATUS REPORT Justification to Maintain Seal on Exhibit B to Plaintiffs'
Motion to Compel Production of Filed Rate Discovery and Challenging
Assertion of Privilege by Blue Cross and Blue Shield of Alabama. filed by
Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
01/29/2018)
01/30/2018
1880
***Document Sealed **SUBSCRIBER PLAINTIFFS'** MOTION to
de−designate non−privileged financial reserve documents appearing on
privilege logs (Attachments: # 1 Exhibit A) (KAM) (Entered: 01/30/2018)
01/30/2018
1881
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
TRIPLE−S SALUD. (Harwood, R) (Additional attachment(s) added on
1/30/2018: # 1 Exhibit Unredacted R&R 1881) (PSM, ). (Entered:
01/30/2018)
01/30/2018
1882
ORDER Status Conference set for 2/22/2018 01:00 PM before Magistrate
Judge T Michael Putnam; Motions 1868 plaintiffs' construed motion to
reopen depositions and and 1880 subscriber plaintiffs' motion to
de−designate non−privileged financial reserve documents will be heard at the
status conference; deadlines regarding submissions with regard to these
motions shall remain in effect. Signed by Magistrate Judge T Michael
Putnam on 1/30/2018. (KAM) (Entered: 01/30/2018)
01/30/2018
1883
STATUS REPORT Regarding Subscriber Plaintiffs' Amended Responses to
BCBSM's First Set of Discovery Requests, BCBSM's Motion to Compel, and
Discovery Order 75 by Blue Cross Blue Shield Michigan. filed by Blue
Cross Blue Shield Michigan (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4)(Campbell, Andrew) (Entered: 01/30/2018)
01/31/2018
1884
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD ASSOCIATION. (Harwood, R) (Additional
attachment(s) added on 1/31/2018: # 1 Exhibit Unredacted 1884) (PSM, ).
(Entered: 01/31/2018)
01/31/2018
1885
ORDER re 1871 RR The parties are ORDERED to PERMANENTLY
DELETE, DESTROY, and PURGE any and all electronic copies of
Document 1871. Additionally, the parties are ORDERED NOT to examine,
alter, or manipulate the redactions within the downloaded version of the
original docket entry. The court has corrected the redaction method to
prevent any issues with future Reports and Recommendations going forward.
Signed by Magistrate Judge T Michael Putnam on 1/31/2018. (KAM)
(Entered: 01/31/2018)
01/31/2018
1886
STATUS REPORT in Response to BCBS−MI Status Report Regarding
Subscriber Plaintiffs' Amended Responses to BCBS−MI's First Set of
Discovery Requests by Plaintiffs' Counsel. filed by Plaintiffs' Counsel
(Hellums, Christopher) (Entered: 01/31/2018)
02/01/2018
1887
NOTICE of Appearance by Alicia L Shelton on behalf of Plaintiffs' Counsel
(Shelton, Alicia) (Entered: 02/01/2018)
02/01/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 2/1/2018. (Court Reporter Teresa
289
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 289 of 509
Roberson) (ASL) (Entered: 02/01/2018)
02/01/2018
1888
***Document Sealed ** BlueCross BlueShield of South Carolina and Blue
Cross Blue Shield Association's OBJECTION to the 1/25/2018 Report &
Recommendation of Special Master (KAM) (Entered: 02/01/2018)
02/01/2018
1889
RESPONSE to re 1871 , 1872 Plaintiffs' Objections to Special Master's
Reports and Recommendations on BCBS−WY and BCBS−SC Privilege Log
Samples filed by Plaintiffs' Counsel. (Cooper, Charles) (Entered: 02/01/2018)
02/01/2018
1890
***Document Sealed **BCBS of WYOMING** OBJECTION TO 1871
Special Master Report and Recommendation (Attachments: # 1 Exhibit A, #
2 Exhibit B, # 3 Exhibit C) (KAM) (Entered: 02/02/2018)
02/05/2018
1891
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF RHODE ISLAND. (Harwood, R) (Entered:
02/05/2018)
02/05/2018
1892
***Document Sealed **PLAINTIFFS'** Response to Objections of
BCBSSC, BCBSA and BCBS−WY to the 1/25/2018 REPORTS &
RECOMMENATIONS of the Special Master (KAM) (Entered: 02/05/2018)
02/05/2018
1893
***Document Sealed **BCBS of South Carolina's RESPONSE to plaintiffs'
objection to 1/25/2018 Report and Recommendation of the Special Master
(KAM) (Entered: 02/05/2018)
02/05/2018
1894
STATUS REPORT by Plaintiffs' Counsel. filed by Plaintiffs' Counsel
(Stokes, Tammy) (Entered: 02/05/2018)
02/05/2018
1895
***Document Sealed **BCBS of WYOMING Response to Plaintiff's
Objection to the Special Master Report and Recommendation (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C part 1, # 4 Exhibit C part 2, # 5
Exhibit C part 3, # 6 Exhibit C part 4) (KAM) (Entered: 02/06/2018)
02/06/2018
1896
***Document Sealed **PLAINTIFFS"** Objections to Special Master's
Report and Recommendation on Triple−S Salud Privilege Log Samples
(Attachments: # 1 Exhibit A) (KAM) (Entered: 02/06/2018)
02/06/2018
1897
RESPONSE to re 1881 Triple−S' Objection to Special Master's Report &
Recommendation filed by Triple−S Salud, Inc.. (Cohen, Lucile) (Entered:
02/06/2018)
02/06/2018
1898
RESPONSE to re 1870 Defendants' Objection & Request for Clarification to
Special Privilege Master Report & Recommendation on Common Interest
Doctrine filed by Defendants' Counsel. (Sooy, Kathleen) (Entered:
02/06/2018)
02/07/2018
1899
DISCOVERY ORDER NO. 86 − granting in part and denying in part 1810
Sealed Motion − Defendant Blue Cross Blue Shield of Michigans Motion to
Compel Subscriber Plaintiffs to Supplement their Responses to Defendants
First Set of Discovery Requests Pursuant to Discovery Order No. 75.Signed
by Magistrate Judge T Michael Putnam on 2/7/2018. (KAM) (Entered:
02/07/2018)
02/07/2018
1900
290
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 290 of 509
***Document Sealed **PLAINTIFFS' Objections to Special Master's Report
and Recommendation 1884 on BCBSA Privilege Log Samples (Attachments:
# 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 02/07/2018)
02/07/2018
1901
***Document Sealed **BLUE CROSS BLUE SHIELD ASSOCIATIONS'
Objection to 1/31/2018 Report and Recommendation of the Special Master
(KAM) (Entered: 02/07/2018)
02/07/2018
1902
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF SOUTH
CAROLINAS SAMPLE DOCUMENTS. Signed by Judge R David Proctor
on 2/7/2018. (KAM) (Entered: 02/07/2018)
02/07/2018
1903
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
WYOMINGS SAMPLE DOCUMENTS. Signed by Judge R David Proctor
on 2/7/2018. (KAM) (Entered: 02/07/2018)
02/08/2018
1904
NOTICE of Appearance by Elizabeth Pollock−Avery on behalf of Plaintiffs'
Counsel (Pollock−Avery, Elizabeth) (Entered: 02/08/2018)
02/08/2018
1905
ORDER UNSEALING CERTAIN DOCUMENTS − pursuant to the Seal
Team's 2/6/2018 report regarding sealed exhibits to the parties' Standard of
Review briefing; the Clerk is directed to unseal certain documents and/or
exhibits as further set out in this order. Signed by Judge R David Proctor on
2/8/2018. (KAM) (Entered: 02/08/2018)
02/08/2018
1906
Opposition to Plaintiffs' Motion to Reopen Depositions filed by Blue Cross
and Blue Shield of Alabama. (Attachments: # 1 Exhibit A)(Burkhalter, Carl)
(Entered: 02/08/2018)
02/09/2018
1907
***Document Sealed **Blue Cross Blue Shield of Alabama's OPPOSITION
to Plaintiffs' Motion to Reopen Depositions (Attachments: # 1 Exhibit A)
(KAM) (Entered: 02/09/2018)
02/09/2018
1908
ORDER REGARDING DEFENDANTS OBJECTION AND REQUST FOR
CLARIFICATION REGARDING COMMON INTEREST DOCTRINE − for
the reasons set forth in this order, 1898 Defendants' objection is
OVERRULED and their Request for clarification is DENIED without
prejudice. Signed by Judge R David Proctor on 2/9/2018. (KAM) (Entered:
02/09/2018)
02/09/2018
1909
***Document Sealed ** Triple−S Salud's Response to Plaintiffs' objection to
January 30,2018 Report and Recommendation of the Special Master (KAM)
(Entered: 02/09/2018)
02/09/2018
1910
Consent MOTION for Extension of Time to File Response/Reply as to 1880
Document Sealed by Anthem, Inc.. (Cohen, Lucile) (Entered: 02/09/2018)
02/12/2018
1911
TEXT ORDER granting 1910 Anthem's Motion for Extension of Time to
File Response. Anthem's response is due no later than February 15, 2018. A
reply, if any, is due no later than February 21, 2018, at 12:00 p.m. CST.
Signed by Magistrate Judge T Michael Putnam on February 12, 2018. (JTS)
(Entered: 02/12/2018)
02/12/2018
1912
***Document Sealed ** Blue Cross Blue Shield Association's Response to
Plaintiffs' Objection to January 31, 2018 Report & Recommendation of
Special Master (KAM) (Entered: 02/12/2018)
291
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 291 of 509
02/12/2018
1913
***Document Sealed **SUBSCRIBER PLAINTIFFS' Rule 72 Objections to
Discovery Order No. 85 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM)
(Entered: 02/12/2018)
02/12/2018
1914
***Document Sealed ** PLAINTIFFS' Response to Blue Cross Blue Shield
Association's Objection to January 31, 2018 Report and Recommendation of
Special Master (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4) (KAM) (Entered: 02/12/2018)
02/12/2018
1915
***Document Sealed − **Blue Cross & Blue Shield of Rhode Island's
OBJECTION to February 5, 2018 Report & Recommendation of the Special
Master (KAM) (Entered: 02/13/2018)
02/13/2018
1916
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
TRIPLE−S SALUDS SAMPLE DOCUMENTS re 1896 Document Sealed
Objections and 1897 Response (other) filed by Triple−S Salud, Inc;
Objection overruled. Ruling: privilege claim upheld. Signed by Judge R
David Proctor on 2/13/2018. (KAM) (Entered: 02/13/2018)
02/14/2018
1917
ORDER REGARDING BLUE CROSS AND BLUE SHIELD
ASSOCIATIONS SAMPLE DOCUMENTS 1900 and 1901 . Signed by
Judge R David Proctor on 2/14/2018. (KAM) (Entered: 02/14/2018)
02/14/2018
1918
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment of services rendered and expenses incurred from 12/1/2017 through
12/31/2017 in this matter relating solely to services provided to the Plaintiffs
and totaling $46,500.00. Signed by Judge R David Proctor on 2/14/2018.
(KAM) (Entered: 02/14/2018)
02/14/2018
1919
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 12/1/2017 through 12/31/2017
in this matter as it relates to services rendered for both sides of the case, and
totaling $5,500.00. Signed by Judge R David Proctor on 2/14/2018. (KAM)
(Entered: 02/14/2018)
02/14/2018
1920
MOTION to Withdraw Motion to De−Designate Non−Privileged Financial
Reserve Documents Appearing on Privilege Logs As to Anthem by Plaintiffs'
Counsel. (Hellums, Christopher) (Entered: 02/14/2018)
02/15/2018
1921
TEXT ORDER granting 1920 Motion to Withdraw. The Motion to
De−Designate Non−Privileged Financial Reserve Documents Appearing on
Privilege Logs 1880 is deemed WITHDRAWN. Signed by Magistrate Judge
T Michael Putnam on February 15, 2018. (JTS) (Entered: 02/15/2018)
02/15/2018
1922
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF RHODE
ISLANDS SAMPLE DOCUMENTS; This matter is before the court on Blue
Cross and Blue Shield of Rhode Islands Objection to the February 5, 2018
Report and Recommendation of Special Master. (Doc. # 1915). At issue is
only one document, document 221331.1 The Privilege Special Master
determined that with regard to Document 221331, the claimed privilege was
unsubstantiated (Doc. # 1891), and BCBS−RI objects to that determination
1915 ; Objection sustained. Ruling: Privilege claim upheld. Signed by Judge
R David Proctor on 2/15/2018. (KAM) (Entered: 02/15/2018)
02/15/2018
1923
292
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 292 of 509
REPLY to re 1906 , 1868 , 1873 Plaintiffs' Reply In Support of Their
Construed Motion to Reopen the Depositions of Terry Kellogg and Robin
Stone filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A)(Whatley,
Joe) (Entered: 02/15/2018)
02/15/2018
1924
STATUS REPORT on Behalf of Plaintiffs and Defendants on Sampling
Process by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel
(Ragsdale, Barry) (Entered: 02/15/2018)
02/16/2018
1925
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF MINNESOTA. (Harwood, R) (Additional
attachment(s) added on 2/16/2018: # 1 Exhibit Unredacted) (PSM, ).
(Entered: 02/16/2018)
02/16/2018
1926
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF MISSISSIPPI. (Harwood, R) (Additional
attachment(s) added on 2/16/2018: # 1 Exhibit Unredacted) (PSM, ).
(Entered: 02/16/2018)
02/16/2018
1927
MOTION for Sanctions Plaintiffs' Motion to Reopen Depositions of Steven
Ostlund and Michael Velezis and Motion for Sanctions (Redacted) by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley,
Joe) (Entered: 02/16/2018)
02/16/2018
1928
ORDER Setting Hearing on Motion 1927 MOTION for Sanctions Plaintiffs'
Motion to Reopen Depositions of Steven Ostlund and Michael Velezis and
Motion for Sanctions (Redacted) : Motion Hearing set for 3/8/2018 01:00 PM
before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T.
Michael Putnam on 2/16/2018. (KAM) Modified on 2/16/2018 (KAM, ).
(Entered: 02/16/2018)
02/16/2018
1929
SEALED MOTION **PLAINTIFFS" Motion to Reopen the depositions of
Steven Ostlund and Michael Velezis and MOTION for Sanctions.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM) (Entered: 02/16/2018)
02/19/2018
1930
MOTION for Protective Order Regarding Ostlund Deposition and Request
for Permission to File Out of Time by Blue Cross and Blue Shield of
Alabama. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burkhalter, Carl)
(Entered: 02/19/2018)
02/20/2018
1931
SEALED MOTION for limited Protective Odder regarding Ostlund
deposition and request for permission to file out of time by Blue Cross and
Blue Shield of Alabama. (Attachments: # 1 Exhibit B)(KAM) (Entered:
02/20/2018)
02/20/2018
1932
TEXT ORDER re 1930 and 1931 Motion for Limited Protective Order
Regarding Ostlund Deposition and Request for Permission to File Out of
Time. Any response to the motion is due no later than February 27, 2018, at
12:00 p.m. CST. A reply, if any, is due no later than March 6, 2018, at 12:00
p.m. CST. Argument is set for March 8, 2018. Signed by Magistrate Judge T
Michael Putnam on February 20, 2018. (JTS) (Entered: 02/20/2018)
02/20/2018
1933
293
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 293 of 509
ORDER UNSEALING CERTAIN DOCUMENTS − in light of the Seal
Team's February 20, 2018 Report, the Clerk is directed to unseal documents
and/or exhibits as set out in this order. Signed by Judge R David Proctor on
2/20/2018. (KAM) (Entered: 02/20/2018)
02/21/2018
1934
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF LOUISIANA. (Harwood, R)
(Entered: 02/21/2018)
02/21/2018
1935
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF ALABAMA. (Harwood, R) (Additional
attachment(s) added on 2/21/2018: # 1 Supplement Unredacted Brief) (PSM,
). (Entered: 02/21/2018)
02/21/2018
1936
NOTICE by Plaintiffs' Liaison Counsel re 1924 Status Report of [Proposed]
Order Regarding Briefing of Disputes under Discovery Order No. 76 on
behalf of Plaintiffs and Defendants (Ragsdale, Barry) (Entered: 02/21/2018)
02/22/2018
1937
NOTICE of Change of Address by Garrett D Blanchfield (Blanchfield,
Garrett) (Entered: 02/22/2018)
02/22/2018
1938
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 1/1/2018 through 1/31/2018 in
this matter relating solely to services provided to the plaintiffs and totaling
$65,000.00. Signed by Judge R David Proctor on 2/22/2018. (KAM)
(Entered: 02/22/2018)
02/22/2018
1939
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 1/1/2018 through 1/31/2018 in
this matter as it relates to services rendered for both sides of the case, and
totaling $4,500.00. Signed by Judge R David Proctor on 2/22/2018. (KAM)
(Entered: 02/22/2018)
02/22/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Status Conference and Motion Hearing held on 2/22/2018; re 1868 ;
argument by counsel; court's remarks; taken under submission; hrg adj.
(Court Reporter Lindy Fuller) (ASL) (Entered: 02/22/2018)
02/23/2018
1940
NOTICE by Plaintiffs' Counsel re 1350 SEALED MOTION, 1431 Document
Sealed,,,,,,,,,, of Filing Redacted Exhibits for Docket Numbers 1350−25 and
1431−16 (Attachments: # 1 Exhibit 24, # 2 Exhibit 39)(Quillen, Henry)
(Entered: 02/23/2018)
02/23/2018
1941
SECOND AMENDMENT TO DISCOVERY ORDER No. 76. Signed by
Magistrate Judge T Michael Putnam on 2/23/2018. (JLC) (Entered:
02/23/2018)
02/23/2018
1942
Opposition to Motion to Reopen Depositions and for Sanctions filed by Blue
Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit A)(Burkhalter,
Carl) (Entered: 02/23/2018)
02/23/2018
1943
***Document Sealed− Plaintiff's Objections to Special Master's Report and
Recommendation on BCBS−MS and BCBS−MN Privilege Log Samples.
(Attachments: # 1 Exhibit 1) (SAC ) (Entered: 02/23/2018)
294
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 294 of 509
02/26/2018
1944
Transcript of Proceedings held on 2/22/18, before Judge T. Michael Putnam.
Court Reporter/Transcriber Lindy Fuller, Telephone number (205)
278−2062. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 3/19/2018. Redacted Transcript Deadline set for 3/29/2018.
Release of Transcript Restriction set for 5/27/2018. (MRR, ) (Entered:
02/26/2018)
02/26/2018
1945
***Document Sealed− BCBSAL'S OPPOSITION TO MOTION TO
REOPEN DEPOSITIONS AND FOR SANCTIONS. (SAC ) (Entered:
02/26/2018)
02/26/2018
1946
***Document Sealed− Blue Cross and Blue Shield of Minnesota's Response
to Plaintiff's Objection to February 16,2018 Report & Recommendation of
the Special Master. (SAC ) (Entered: 02/26/2018)
02/26/2018
1947
RESPONSE to Plaintiffs' Objection to February 16 Report &
Recommendation regarding Sample Documents from Blue Cross & Blue
Shield of Mississippi filed by Defendants' Counsel. (Cohen, Lucile) (Entered:
02/26/2018)
02/26/2018
1948
RESPONSE to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order
No.85 filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl)
(Entered: 02/26/2018)
02/27/2018
1949
***Document Sealed ***Blue Cross and Blue Shield of Alabama's Response
to Subscriber Plaintiffs' Rule 72 Objections to Discovery Order No. 85
(KAM) (Entered: 02/27/2018)
02/27/2018
1950
***Document Sealed **Plaintiff's RESPONSE in OPPOSITION to Blue
Cross and Blue Shield of Alabama's Motion for limited protective order
regarding Ostlund deposition (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C) (KAM) (Entered: 02/27/2018)
02/27/2018
1951
RESPONSE in Opposition re 1930 MOTION for Protective Order Regarding
Ostlund Deposition and Request for Permission to File Out of Time
(Redacted) filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C)(Whatley, Joe) (Entered: 02/27/2018)
02/27/2018
1952
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF FLORIDA. (Harwood, R) (Entered:
02/27/2018)
02/27/2018
1953
NOTICE by Plaintiffs' Counsel re 1350 SEALED MOTION of Filing
Redacted Exhibit A (Attachments: # 1 Exhibit A − Redacted)(Quillen, Henry)
(Entered: 02/27/2018)
295
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 295 of 509
02/28/2018
1954
***Document Sealed** Plaintiffs' OBJECTIONS to Special Master's Report
and Recommendation on BCBS−LA and BCBS−AL Privilege Log Samples
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 02/28/2018)
02/28/2018
1955
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
MINNESOTAS AND BLUE CROSS AND BLUE SHIELD OF
MISSISSIPPIS SAMPLE DOCUMENTS − Document
BCBS−MN−00117617 − Objection sustained. Ruling: Privilege claim
unsubstantiated; Document BCBS−MN−00119008 − Objection overruled.
Ruling: Privilege claim upheld; Document BCBS−MN−00385736 −
Objection overruled. Ruling: Privilege claim upheld; Document
BCBS−MN−00159348 − Objection overruled. Ruling: Privilege claim
upheld; Document BCBSMS0144405 − Objection overruled. Ruling:
Privilege claim upheld; Document BCBSMS0157015 − Objection overruled.
Ruling: Privilege claim upheld. Signed by Judge R David Proctor on
2/28/2018. (KAM) (Entered: 02/28/2018)
02/28/2018
1956
STATUS REPORT on Redacted Documents by Blue Cross and Blue Shield
of Alabama. filed by Blue Cross and Blue Shield of Alabama (Malatesta,
John) (Entered: 02/28/2018)
03/02/2018
1957
***Document Sealed **PLAINTIFFS' Reply in Support of Motion to
Sanction BCBS of Alabama (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C) (KAM) (Entered: 03/02/2018)
03/02/2018
1958
REPLY to re 1929 Plaintiffs' Reply In Support of Motion to Sanction Blue
Cross and Blue Shield of Alabama (Redacted) filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Whatley, Joe)
(Entered: 03/02/2018)
03/05/2018
1959
STATUS REPORT Certification Regarding BCBS of Michigan's Cumulative
Privilege Log Pursuant to Second Amendment to Discovery Order No. 76 by
Blue Cross Blue Shield Michigan. filed by Blue Cross Blue Shield Michigan
(Campbell, Andrew) (Entered: 03/05/2018)
03/05/2018
1960
NOTICE by Defendants' Counsel Certification Pursuant To Second
Amendment to Discovery Order No. 76 On Behalf Of Independence Hospital
Indemnity Plan, Inc. (Oppenheimer, Brooke) (Entered: 03/05/2018)
03/05/2018
1961
SEALED MOTION ** Plaintiffs' MOTION to amend order appointing
Privilege Master, ECF No. 1763. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(KAM) (Entered: 03/05/2018)
03/05/2018
1962
NOTICE by USAble Mutual Insurance Company d/b/a Arkansas Blue Cross
and Blue Shield Certification Pursuant to Discovery Order 76 (Benny, Erik)
(Entered: 03/05/2018)
03/05/2018
1963
***Document Sealed **DEFENDANT BCBS of Louisiana's RESPONSE to
Plaintiffs' Objection to 2/21/2018 REPORT & RECOMMENDATION of the
Special Master (KAM) (Entered: 03/05/2018)
03/05/2018
1964
NOTICE by Defendants' Counsel Certification Regarding Blue Cross Blue
Shield Association's Cumulative Privilege Logs Pursuant to Second
Amendment to Discovery Order No. 76 (Donnell, Sarah) (Entered:
03/05/2018)
296
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 296 of 509
03/05/2018
1965
ORDER REGARDING SUBSCRIBER PLAINTIFFS RULE 72
OBJECTIONS TO DISCOVERY ORDER NO. 85 − Subscriber Plaintiffs
Rule 72 Objections to Discovery Order No. 85 (Doc. # 1913) are
OVERRULED. Signed by Judge R David Proctor on 3/5/2018. (KAM)
(Entered: 03/05/2018)
03/05/2018
1966
NOTICE by Excellus Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield
Certification Pursuant to Discovery Order 76 (Clark, Anna) (Entered:
03/05/2018)
03/05/2018
1967
NOTICE by Defendants' Counsel Certification Pursuant To Second
Amendment To Discovery Order No. 76 On Behalf Of Capital BlueCross
(Spotswood, Robert) (Entered: 03/05/2018)
03/05/2018
1968
NOTICE by Premera Blue Cross Certification Regarding Premera's
Cumulative Privilege Log Pursuant to Second Amendment to Discover Order
No. 76 (Payton, Gwendolyn) (Entered: 03/05/2018)
03/05/2018
1969
NOTICE by Blue Shield of California Certification of Blue Shield of
California's Cumulative Privilege Log Pursuant to the Second Amendment to
Discovery Order No. 76 (Fronk, Casey) (Entered: 03/05/2018)
03/05/2018
1970
NOTICE by Highmark Inc. Certification Regarding Highmark Cumulative
Privilege Log Pursuant to Second Amendment to Discovery Order No. 76
(Zolner, Erica) (Entered: 03/05/2018)
03/05/2018
1971
NOTICE by Defendants' Counsel Certification of CareFirst, Inc.'s, Group
Hospitalization and Medical Services, Inc.'s, CareFirst of Maryland, Inc.'s,
and CareFirst BlueChoice, Inc.'s Privilege Logs in Response to Second
Amendment to Discovery Order No. 76 (Norman, Brian) (Entered:
03/05/2018)
03/05/2018
1972
NOTICE by Anthem, Inc. re 1667 Order CERTIFICATION PURSUANT TO
DISCOVERY ORDER 76 ON BEHALF OF ANTHEM, INC. (Cohen, Lucile)
(Entered: 03/05/2018)
03/05/2018
1973
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS BLUE SHIELD OF FLORIDA
by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile) (Entered:
03/05/2018)
03/05/2018
1974
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF
LOUISIANA by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1975
NOTICE by Blue Cross and Blue Shield of Alabama − Certification
Pursuant to Second Amendment to Discovery Order No. 76 (Malatesta, John)
(Entered: 03/05/2018)
03/05/2018
1976
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS BLUE SHIELD OF
MASSACHUSETTS by Lucile Cohen on behalf of Defendants' Counsel
(Cohen, Lucile) (Entered: 03/05/2018)
03/05/2018
1977
297
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 297 of 509
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF
MINNESOTA by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1978
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS & BLUE SHIELD OF
MISSISSIPPI by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1979
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF NORTH
CAROLINA by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1980
NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Arizona's
Certification Pursuant to Second Amendment to Discovery Order No. 76
(Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1981
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS & BLUE SHIELD OF RHODE
ISLAND by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile)
(Entered: 03/05/2018)
03/05/2018
1982
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF SOUTH
CAROLINA by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1983
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas,
Inc.s Certification Pursuant to Second Amendment to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1984
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUECROSS BLUESHIELD OF TENNESSEE
by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile) (Entered:
03/05/2018)
03/05/2018
1985
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF BLUE CROSS AND BLUE SHIELD OF
VERMONT by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1986
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of Kansas
City's Certification Pursuant to Second Amendment to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1987
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF CAMBIA HEALTH SOLUTIONS by Lucile
Cohen on behalf of Defendants' Counsel (Cohen, Lucile) (Entered:
03/05/2018)
03/05/2018
1988
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF HAWAII MEDICAL SERVICE ASSOCIATION
by Lucile Cohen on behalf of Defendants' Counsel (Cohen, Lucile) (Entered:
03/05/2018)
298
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 298 of 509
03/05/2018
1989
NOTICE by Defendants' Counsel of Blue Cross of Idaho Health Service,
Inc.'s Certification Pursuant to Second Amendment to Discovery Order No.
76 (Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1990
CERTIFICATE of Counsel CERTIFICATION PURSUANT TO DISCOVERY
ORDER 76 ON BEHALF OF HORIZON BLUE CROSS BLUE SHIELD OF
NEW JERSEY by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1991
NOTICE by Defendants' Counsel of Blue Cross and Blue Shield of
Nebraska's Certification Pursuant to Second Amendment to Discovery Order
No. 76 (Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1992
CERTIFICATE of Counsel re 1667 Order CERTIFICATION PURSUANT TO
DISCOVERY ORDER 76 ON BEHALF OF TRIPLE−S SALUD by Lucile
Cohen on behalf of Triple−S Salud, Inc. (Cohen, Lucile) (Entered:
03/05/2018)
03/05/2018
1993
NOTICE by Defendants' Counsel of HealthNow New York Inc.'s Certification
Pursuant to Second Amendment to Discovery Order No. 76 (Sooy, Kathleen)
(Entered: 03/05/2018)
03/05/2018
1994
CERTIFICATE of Counsel re 1667 Order CERTIFICATION PURSUANT TO
DISCOVERY ORDER 76 ON BEHALF OF WELLMARK BLUE CROSS AND
BLUE SHIELD by Lucile Cohen on behalf of Defendants' Counsel (Cohen,
Lucile) (Entered: 03/05/2018)
03/05/2018
1995
NOTICE by Defendants' Counsel of Noridian Mutual Insurance Company's
Certification Pursuant to Second Amendment to Discovery Order No. 76
(Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1996
NOTICE by Defendants' Counsel of Blue Cross Blue Shield of Wyoming's
Certification Pursuant to Second Amendment to Discovery Order No. 76
(Sooy, Kathleen) (Entered: 03/05/2018)
03/05/2018
1997
NOTICE by Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of
Montana, Inc., Health Care Service Corporation / Certification of Privilege
Review Pursuant to Second Amendment to Discovery Order No. 76 (Fowler,
Jeffrey) (Entered: 03/05/2018)
03/05/2018
1998
RESPONSE to Plaintiffs' Objection to February 21, 2018 Report &
Recommendation of Special Master filed by Blue Cross and Blue Shield of
Alabama. (Malatesta, John) (Entered: 03/05/2018)
03/06/2018
1999
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF MASSACHUSETTS. (Harwood, R)
(Additional attachment(s) added on 3/6/2018: # 1 Exhibit Unredacted) (PSM,
). (Entered: 03/06/2018)
03/06/2018
2000
REPLY to In Further Support of Motion for Protective Order Regarding
Ostlund Deposition filed by Blue Cross and Blue Shield of Alabama.
(Attachments: # 1 Exhibit A−1, # 2 Exhibit A−2, # 3 Exhibit A−3, # 4
Exhibit A−4, # 5 Exhibit A−5, # 6 Exhibit A−6)(Burkhalter, Carl) (Entered:
03/06/2018)
299
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 299 of 509
03/06/2018
2001
NOTICE by Plaintiffs' Counsel re 1350 SEALED MOTION of Filing
Redacted Motion for Summary Judgment (Attachments: # 1 Exhibit)(Quillen,
Henry) (Entered: 03/06/2018)
03/06/2018
2002
NOTICE by Plaintiffs' Counsel re 1431 Document Sealed,,,,,,,,,, of Filing
Redacted Response to Defendants' Motion for Summary Judgment
(Attachments: # 1 Exhibit)(Quillen, Henry) (Entered: 03/06/2018)
03/06/2018
2003
NOTICE by Plaintiffs' Counsel re 1557 Document Sealed, of Filing Redacted
Reply In Support of Their Motion for Summary Judgment (Attachments: # 1
Exhibit)(Quillen, Henry) (Entered: 03/06/2018)
03/06/2018
2004
***Document Sealed*** BCBSALS REPLY IN FURTHER SUPPORT OF
MOTION FORPROTECTIVE ORDER REGARDING OSTLUND
DEPOSITION (KAM) (Entered: 03/06/2018)
03/06/2018
2005
***Document Sealed *** Plaintiffs' OBJECTIONS to Special Mater's Report
and Recommendation on BCBS−FL (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D) (KAM) (Entered: 03/06/2018)
03/06/2018
2006
NOTICE by Plaintiffs' Counsel re 1431 Document Sealed,,,,,,,,,, of Filing
Redacted Response to Defendants' Motion for Summary Judgment
(Corrected) (Attachments: # 1 Exhibit)(Quillen, Henry) (Entered:
03/06/2018)
03/06/2018
2007
***Document Sealed ** Blue Cross and Blue Shield of Louisiana's Response
to Plaintiffs' Objection to February 21, 2018 Report & Recommendation of
the Special Master (KAM) (Entered: 03/06/2018)
03/06/2018
2008
***Document Sealed *** Blue Cross Blue Shield of Florida's Objection to
February 27, 2018 Report & Recommendation of Special Master (KAM)
(Entered: 03/06/2018)
03/06/2018
2009
TEXT ORDER − This matter is before the court on Plaintiffs' Motion to
Amend Order Appointing Privilege Master (Doc. # 1961 ). Any response to
the Motion is due on or before March 16, 2018. Any reply is due on or before
March 23 2018. Argument is set for 10:00 a.m. on April 5, 2018. In their
briefing, the parties may want to address the effect of the March 5
recertification of Defendants' privilege logs in light of the rulings issued by
the Privilege Master and the Court on the sample documents. The court may
have questions about the review of particular documents. Signed by Judge R
David Proctor on 3/6/2018. (KAM, ) (Entered: 03/06/2018)
03/06/2018
2010
STATUS REPORT BCBSAL's Justifications to Maintain Redactions
Contained in Plaintiffs' Response in Opposition to BCBSAL's Motion for
Limited Protective Order Regarding Ostlund Deposition and Accompanying
Exhibit by Blue Cross and Blue Shield of Alabama. filed by Blue Cross and
Blue Shield of Alabama (Burkhalter, Carl) (Entered: 03/06/2018)
03/07/2018
2011
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
LOUISIANAS AND BLUE CROSS AND BLUE SHIELD OF ALABAMAS
SAMPLE DOCUMENTS − Document BCBSAL−1700393 − Objection
overruled. Ruling: Privilege claim upheld; Document BCBSLA−00208909
−Objection overruled. Ruling: Privilege claim upheld as to the first three
chronological e−mails in the string; Document BCBSLA−00208842 −
300
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 300 of 509
Objection sustained. Ruling: Privilege claim unsubstantiated. Signed by
Judge R David Proctor on 3/7/2018. (KAM) (Entered: 03/07/2018)
03/07/2018
2012
***Document Sealed*** PLAINTIFFS' NOTICE OF SUPPLEMENTAL
AUTHORITY INSUPPORT OF MOTION CHALLENGING ASSERTION
OFPRIVILEGE OVER DOCUMENTS PRODUCED BYDEFENDANTS
ANTHEM, INC. AND CAPITAL BLUECROSS (Attachments: # 1 Exhibit
1) (KAM) (Entered: 03/07/2018)
03/07/2018
2013
RESPONSE to re 1956 Plaintiffs' Response to Blue Cross and Blue Shield of
Alabama's Status Report on Redacted Documents filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 03/07/2018)
03/08/2018
2014
DISCOVERY ORDER NO. 87 granting in part and denying in part 1816
Plaintiffs Motion Challenging Assertion of Privilege over Documents
Produced by Defendants Anthem, Inc. and Capital BlueCross filed on
December 1, 2017 as set out in this order. Signed by Magistrate Judge T
Michael Putnam on 3/8/2018. (Attachments: # 1 SEALED Exhibit) (KAM)
(Entered: 03/08/2018)
03/08/2018
2015
NOTICE by Plaintiffs' Counsel re 1351 Document Sealed of Filing Redacted
Document (Attachments: # 1 Exhibit)(Stokes, Tammy) (Entered: 03/08/2018)
03/08/2018
2016
NOTICE by Plaintiffs' Counsel re 1435 Document Sealed, of Filing Redacted
Document (Attachments: # 1 Exhibit)(Stokes, Tammy) (Entered: 03/08/2018)
03/08/2018
2017
NOTICE by Plaintiffs' Counsel re 1554 Document Sealed of Filing Redacted
Document (Attachments: # 1 Exhibit)(Stokes, Tammy) (Entered: 03/08/2018)
03/08/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 3/8/2018: re 1927 , 1931 ; argument by
counsel; court's remarks; hrg adj(Court Reporter Leah Turner) (ASL)
(Entered: 03/08/2018)
03/09/2018
2018
DISCOVERY ORDER NO. 88 − Pending before the court is the plaintiffs
Construed Motion to Reopen the Depositions of Terry Kellogg and Robin
Stone filed on January 23, 2018 1868 and 1873 ; the Construed Motion is
GRANTED. The plaintiffs may reopen the Kellogg and Stone depositions for
one hour for each executive. However, the scope is limited to the November
2010 email chain and the meaning of the email chains contents.2 The
depositions are to be completed by March 30, 2018. Signed by Magistrate
Judge T Michael Putnam on 3/9/2018. (KAM) (Entered: 03/09/2018)
03/09/2018
2019
***Document Sealed **BLUE CROSS BLUE SHIELD OF FLORIDA'S
RESPONSE TO PLAINTIFFS'OBJECTION TO FEBRUARY 27, 2018
REPORT & RECOMMENDATIONOF THE SPECIAL MASTER (KAM)
(Entered: 03/09/2018)
03/12/2018
2020
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
FLORIDAS SAMPLE DOCUMENTS − Document BCBSF−00308741−
Objection overruled. Ruling: Privilege claim upheld; Document
BCBSF−00122264 − Objection sustained. Ruling: Privilege claim upheld.
Signed by Judge R David Proctor on 3/12/2018. (KAM) (Entered:
03/12/2018)
03/12/2018
2021
301
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 301 of 509
NOTICE by Plaintiffs' Counsel re 1351 Document Sealed of Filing Redacted
Document (Attachments: # 1 Exhibit)(Stokes, Tammy) (Entered: 03/12/2018)
03/12/2018
2022
DISCOVERY ORDER No. 89 − granting in part and denying in part 1927
Motion for Sanctions as further set out in this order; denying 1930 Motion for
Protective Order;. Signed by Magistrate Judge T Michael Putnam on
3/12/2018. (KAM) (Entered: 03/12/2018)
03/13/2018
2023
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF VERMONT. (Harwood, R) (Entered:
03/13/2018)
03/13/2018
2024
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF NORTH DAKOTA. (Harwood, R)
(Entered: 03/13/2018)
03/13/2018
2025
RESPONSE to re 2010 Plaintiffs' Response in Opposition to BCBS−AL's
Justification to Maintain Redactions Contained in Plaintiffs' Response In
Opposition to BCBS−AL's Motion for Limited Protective Order Regarding
Ostlund Deposition filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered:
03/13/2018)
03/13/2018
2026
NOTICE by Plaintiffs' Counsel re 1999 Brief regarding Special Master's
Report & Recommendation on BCBS−MA Privilege Log Samples
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Ragsdale, Barry) (Entered:
03/13/2018)
03/14/2018
2027
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF MICHIGAN. (Harwood, R) (Additional
attachment(s) added on 3/14/2018: # 1 Exhibit Unredacted Brief) (PSM, ).
(Entered: 03/14/2018)
03/14/2018
2028
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF TENNESSEE. (Harwood, R) (Additional
attachment(s) added on 3/14/2018: # 1 Exhibit Unredacted Brief) (PSM, ).
(Entered: 03/14/2018)
03/16/2018
2029
Transcript of Proceedings held on March 8, 2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number
(205) 278−1780. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/6/2018. Redacted Transcript Deadline set for 4/16/2018.
Release of Transcript Restriction set for 6/14/2018. (MRR, ) (Entered:
302
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 302 of 509
03/16/2018)
03/16/2018
2030
RESPONSE to re 2026 Blue Cross Blue Shield of Massachusetts Response to
Plaintiffs' Notice Regarding Report & Recommendation filed by Defendants'
Counsel. (Attachments: # 1 Exhibit A − 9/20/2017 email, # 2 Exhibit B −
11/7/2017 email, # 3 Exhibit C − 11/8/2017 BCBSMA production excerpt, #
4 Exhibit D − 11/10/2017 email, # 5 Exhibit E − in camera review cover
sheets)(Cohen, Lucile) (Entered: 03/16/2018)
03/16/2018
2031
RESPONSE in Opposition re 1961 SEALED MOTION to Amend Order
Appointing Privilege Master filed by Defendants' Counsel. (Bulander,
Mathea) (Entered: 03/16/2018)
03/20/2018
2032
TEXT ORDER − The hearing on Plaintiffs' Motion to Amend Order
Appointing Privilege Master 1961 previously set for April 5, 2018, is hereby
RE−SET for 9:00 a.m. on Thursday, April 19, 2018 in courtroom 7A of the
Hugo L. Black U.S. Courthouse, 1729 Fifth Avenue North, Birmingham,
Alabama. In addition, the court has received notice from the Special Master
that the opportunity the court allowed the parties to explore the possibility of
a resolution of this matter is no longer proving fruitful. Therefore, at the
April 19, 2018 hearing, in addition to arguing Plaintiffs' Motion to Amend
Order Appointing Privilege Master, the parties SHALL be prepared to
discuss an aggressive schedule for the first phase of this case, including class
certification motions, expert reports, Daubert motions, and dispositive
motions. The parties SHALL (1) meet and confer regarding proposed
deadlines, and (2) on or before April 16, 2018, file a joint report regarding
any agreed−upon deadlines and/or the parties' respective proposals for those
deadlines.. Signed by Judge R David Proctor on 3/20/2018. (KAM) (Entered:
03/20/2018)
03/20/2018
2033
***Document Sealed ** BCBS of Vermont's OBJECTION to the 3/13/2018
Report & Recommendation of the Special Master (KAM) (Entered:
03/20/2018)
03/20/2018
2034
NOTICE by Plaintiffs' Liaison Counsel re 2024 Brief Plaintiffs' Objections to
Special Master's Reports and Recommendation on BCBS−ND Privilege Log
Samples (Ragsdale, Barry) (Entered: 03/20/2018)
03/20/2018
2035
***Document Sealed** BCBS of North Dakota's OBJECTION to Special
Master Report and Recommendation 2024 (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C) (KAM) (Entered: 03/20/2018)
03/21/2018
2036
MOTION to Amend/Correct Discovery Order No. 88 (Redacted) by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Whatley, Joe) (Entered:
03/21/2018)
03/21/2018
2037
***Document Sealed Plaintiffs' Objection to Special Master's Report and
Recommendation on BCBS−TN and BCBS−MI Privilege Log Samples
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 03/22/2018)
03/21/2018
2038
SEALED MOTION **Plaintiffs' MOTION to amend Discovery Order No.
88. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D,
# 5 Exhibit E, # 6 Exhibit F)(KAM) (Entered: 03/22/2018)
303
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 303 of 509
03/22/2018
2039
STATUS REPORT on Motions to Compel by Plaintiffs' Liaison Counsel.
filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered: 03/22/2018)
03/22/2018
2040
MOTION for Extension of Time to File Rule 72 Objection To Discovery
Order No. 87 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
03/22/2018)
03/23/2018
2041
TEXT ORDER This matter is before the court on Plaintiffs Motion for
Extension of Time to File Rule 72 Objection to Discovery Order No. 87.
2040 The current basis for Plaintiffs Motion is too speculative to warrant
relief at this point in time. The Motion 2040 is DENIED WITHOUT
PREJUDICE. If a concrete basis for an objection is discovered after the
deadline to file an objection has run, Plaintiffs may seek to file an objection
out of time.Signed by Judge R David Proctor on 3/23/2018. (KAM) (Entered:
03/23/2018)
03/23/2018
2042
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
USABLE MUTUAL INSURANCE COMPANY, DOING BUSINESS AS
ARKANSAS BLUE CROSS AND BLUE SHIELD. (Harwood, R) (Additional
attachment(s) added on 3/23/2018: # 1 Exhibit Unredacted Brief) (PSM, ).
(Entered: 03/23/2018)
03/23/2018
2043
***Document Sealed ***DEFENDANT BCBS of North Dakota's
RESPONSE to Plaintiffs' Objection to Special Master Report 2034
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 03/23/2018)
03/23/2018
2044
***Document Sealed **PLAINTIFFS' REPLY in support of Motion to
Amend Order Appointing Privilege Master (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (KAM) (Entered: 03/23/2018)
03/23/2018
2045
REPLY to re 1961 In Support of Motion to Amend Order Appointing
Privilege Master (Redacted) filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whatley, Joe)
(Entered: 03/23/2018)
03/23/2018
2046
Opposition to re 2035 BCBS−ND's Objections to Special Master's Report &
Recommendation filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
(Entered: 03/23/2018)
03/26/2018
2047
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from February 1, 2018 through
February 28, 2018 in this matter relating solely to services provided to the
Plaintiffs, and totaling $58,000.00. Signed by Judge R David Proctor on
3/26/2018. (KAM) (Entered: 03/26/2018)
03/26/2018
2048
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from February 1, 2018 through
February 28, 2018 in this matter as it relates to services rendered for both
sides of the case, and totaling $3,500.00. Signed by Judge R David Proctor
on 3/26/2018. (KAM) (Entered: 03/26/2018)
03/26/2018
2049
***Document Sealed ** DEFENDANT BCBS of TN Inc's RESPONSE to
plaintiffs' objections to the 3/14/2018 Report and Recommendation of the
Special Privilege Master (KAM) (Entered: 03/26/2018)
304
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 304 of 509
03/26/2018
2051
***Document Sealed ***DEFENDANT BCBS of Michigan's RESPONSE to
Plaintiffs' Objection to March 14, 2018 Report & Recommendation of the
Special Master (Attachments: # 1 Exhibit E − part 1, # 2 Exhibit E − part 2, #
3 Exhibit E − part 3, # 4 Exhibit E − part 4, # 5 Exhibit E − part 5, # 6
Exhibit E − part 6, # 7 Exhibit F) (KAM) (Entered: 03/27/2018)
03/27/2018
2050
TEXT ORDER re 2036 and 2038 Plaintiffs' Motion to Amend Discovery
Order No. 88. Any response to this motion is due no later than April 9, 2018.
A reply, if any, is due no later April 16, 2018. The court will hear argument
on April 19, 2018, at the conclusion of Judge Proctor's hearing and/or at 1:30
p.m. in Courtroom 3B, Hugo L Black US Courthouse, Birmingham, AL
before Magistrate Judge T Michael Putnam. Signed by Magistrate Judge T
Michael Putnam on March 27, 2018. (JTS) (Entered: 03/27/2018)
03/27/2018
2052
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HEALTH CARE SERVICE CORPORATION AND CARING FOR
MONTANANS, INC.. (Harwood, R) (Entered: 03/27/2018)
03/28/2018
2053
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
VERMONTS SAMPLE DOCUMENTS − Document BCBSVT−00183413 −
Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R
David Proctor on 3/28/2018. (KAM) (Entered: 03/28/2018)
04/02/2018
2054
SUPPLEMENTAL ORDER REGARDING DISCOVERY ORDER NO. 76.
Signed by Judge R David Proctor on 4/2/2018. (JLC) (Entered: 04/02/2018)
04/02/2018
2055
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
MICHIGAN'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor
on 4/2/2018. (JLC) (Entered: 04/02/2018)
04/02/2018
2056
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF
TENNESSEE'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor
on 4/2/2018. (JLC) (Entered: 04/02/2018)
04/02/2018
2057
ORDER REGARDING BLUE CROSS AND BLUE SHIELD OF NORTH
DAKOTA'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on
4/2/2018. (JLC) (Entered: 04/02/2018)
04/03/2018
2058
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HEALTH CARE SERVICE CORPORATION AND CARING FOR
MONTANANS, INC.. (Harwood, R) (Entered: 04/03/2018)
04/03/2018
2059
STATUS REPORT Plaintiffs' Status Report Regarding Continuing Area of
Relevant Discovery by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel. filed
by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered:
04/03/2018)
04/04/2018
2060
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on 4/4/2018:
# 1 Exhibit Unredacted Brief) (PSM, ). (Entered: 04/04/2018)
04/04/2018
2061
STATUS REPORT Plaintiffs' Corrected Status Report Regarding
Continuing Area of Relevant Discovery by Plaintiffs' Counsel, Plaintiffs'
305
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 305 of 509
Liaison Counsel. filed by Plaintiffs' Counsel, Plaintiffs' Liaison Counsel
(Ragsdale, Barry) (Entered: 04/04/2018)
04/05/2018
2062
***FILED UNDER SEAL at the request of Chambers***Joint MOTION for
Discovery Re Costs Incurred by Aetna & Humana by Defendants' Counsel.
(West, Kimberly) Modified on 4/6/2018 (JLC). Modified on 4/9/2018 (KAM,
). (Entered: 04/05/2018)
04/05/2018
2063
MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/5/2018.
(JLC) (Entered: 04/05/2018)
04/05/2018
2064
ORDER REGARDING SECTION 1 STANDARD OF REVIEW AND
SINGLE ENTITY DEFENSE; The 1348 MOTION for Partial Summary
Judgment is GRANTED, The Provider Plaintiffs' 1350 SEALED MOTION
for Partial Summary Judgment is GRANTED IN PART AND DENIED IN
PART, The 1353 MOTION for Summary Judgment on Plaintiffs' Section 1,
Per Se, and Quick Look Claims is GRANTED IN PART AND DENIED IN
PART, The 1434 SEALED MOTION for Partial Summary Judgment on
Defendants' "Single Entity" Defense is DENIED in accordance with the
Memorandum Opinion entered contemporaneously herewith. Signed by
Judge R David Proctor on 4/5/2018. (JLC) (Entered: 04/05/2018)
04/05/2018
2065
SEALED MOTION − DEFENDANTS' and PROVIDER PLAINTIFFS' Joint
Motion regarding costs incurred by Aetna and Humana. (KAM) Modified on
4/9/2018 (KAM, ). (Entered: 04/06/2018)
04/09/2018
2066
Joint MOTION for Discovery Re Costs Incurred by Aetna & Humana by
Defendants' Counsel. (West, Kimberly) Modified on 10/25/2018 (KAM, ).
(Entered: 04/09/2018)
04/09/2018
2067
MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of
Alabama. (Burkhalter, Carl) (Entered: 04/09/2018)
04/09/2018
2068
Opposition to Plaintiffs' Motion to Amend Discovery Order No. 88 filed by
Blue Cross and Blue Shield of Alabama. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7
Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12
Exhibit L)(Malatesta, John) (Entered: 04/09/2018)
04/10/2018
2069
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
EXCELLUS HEALTH PLAN, INC., D/B/A EXCELLUS BLUECROSS
BLUESHIELD. (Harwood, R) (Entered: 04/10/2018)
04/10/2018
2070
TEXT ORDER re 2066 Joint Motion Regarding Costs Incurred by Aetna and
Humana. Any responses to the motion are due no later than April 25, 2018.
Replies, if any, are due no later than May 2, 2018. Argument is SET for May
17, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black US Courthouse,
Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed
by Magistrate Judge T Michael Putnam on April 10, 2018. (JTS) (Entered:
04/10/2018)
04/10/2018
2071
***Document Sealed **DEFENDANT BCBS of Alabama's OPPOSITION
to plaintiffs' Motion to amend Discovery Order No. 88 (KAM) (Entered:
04/10/2018)
306
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 306 of 509
04/11/2018
2072
MOTION for Sanctions Against BCBS−AL for Violation of Discovery Order
76 by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B,
# 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8
Exhibit H, # 9 Exhibit I)(Ragsdale, Barry) (Entered: 04/11/2018)
04/11/2018
2073
MOTION for Protective Order Renewed Motion for Protective Order as to
BCBS−AL's Contacts with Putative Class Members by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2 − Sealed, # 3 Exhibit 3 − Sealed, #
4 Exhibit 4, # 5 Exhibit 5 − Sealed, # 6 Exhibit 6 − Sealed, # 7 Exhibit 7 −
Sealed, # 8 Exhibit 8 − Sealed, # 9 Exhibit 9 − Sealed, # 10 Exhibit 10 −
Sealed, # 11 Exhibit 11 − Sealed, # 12 Exhibit 12 − Sealed, # 13 Exhibit 13 −
Sealed, # 14 Exhibit 14 − Sealed, # 15 Exhibit 15 − Sealed, # 16 Exhibit 16 −
Sealed, # 17 Exhibit 17 − Sealed, # 18 Exhibit 18 − Sealed, # 19 Exhibit 19 −
Sealed)(Ragsdale, Barry) (Entered: 04/11/2018)
04/11/2018
2074
SEALED MOTION **SUBSCRIBER AND PROVIDER PLAINTIFFS'
MOTION FOR SANCTIONS against BCBA−AL for violation of Discovery
Order 76. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9
Exhibit I)(KAM) Modified on 4/12/2018 (KAM, ). (Entered: 04/11/2018)
04/11/2018
2075
SEALED MOTION **SUBSCRIBER PLAINTIFFS' Renewed MOTION for
PROTECTIVE ORDER as to BCBS−AL's Contacts with Putative Class
Members. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 5, # 4
Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9
Exhibit 11, # 10 Exhibit 12, # 11 Exhibit 13, # 12 Exhibit 14, # 13 Exhibit
15, # 14 Exhibit 16, # 15 Exhibit 17, # 16 Exhibit 18, # 17 Exhibit 19)(KAM)
Modified on 4/12/2018 (KAM, ). (Entered: 04/11/2018)
04/12/2018
2076
TEXT ORDER re 2066 Joint Motion Regarding Costs Incurred by Aetna and
Humana. The Motion Hearing previously set for May 17, 2018, is RESET for
May 15, 2018, at 1:00 pm in Courtroom 3B, Hugo L Black US Courthouse,
Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed
by Magistrate Judge T Michael Putnam on April 12, 2018. (JTS) (Entered:
04/12/2018)
04/12/2018
2077
TEXT ORDER granting 2067 BCBS−AL's Motion to Exceed Page Limit.
Signed by Magistrate Judge T Michael Putnam on April 12, 2018. (JTS)
(Entered: 04/12/2018)
04/12/2018
2078
ORDER granting in part 1765 Motion to Unseal Document ; The court will
provide a copy of the transcript to counsel participating in the conference via
e−mail. Within seven (7) days of receipt of the e−mail containing the
transcript, any proposed redactions should be provided via e−mail to
chambers at proctor_chambers@alnd.uscourts.gov. Despite the granting of
the motion, counsel receiving the transcript SHALL NOT allow anyone
unnecessary to the redaction process to view the unredacted transcript. The
court will thereafter enter an appropriate redacted version of the transcript on
the docket.Signed by Judge R David Proctor on 4/12/2018. (KAM) (Entered:
04/12/2018)
04/12/2018
2079
RESPONSE to re 2061 Plaintiffs' Status Report Regarding Continuing Area
of Relevant Discovery filed by Defendants' Counsel. (Zott, David) (Entered:
04/12/2018)
307
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 307 of 509
04/12/2018
2080
SEALED MOTION ** PLAINTIFFS' MOTION to COMPEL Production of
Documents from certain Defendants' Privilege Logs. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit
15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20
Exhibit 20, # 21 Exhibit 21, # 22 Exhibit A−T)(KAM) (Entered: 04/12/2018)
04/13/2018
2081
TEXT ORDER re 2072 Motion for Sanctions Against BCBS−AL for
Violation of Discovery Order 76. A response is due no later than April 27,
2018. A reply, if any, is due no later than May 8, 2018. Argument is set for
May 15, 2018, at 1:00 p.m. in Courtroom 3B, Hugo L Black US Courthouse,
Birmingham, Alabama before Magistrate Judge T Michael Putnam. Signed
by Magistrate Judge T Michael Putnam on April 13, 2018. (JTS) (Entered:
04/13/2018)
04/16/2018
2082
MEMORANDUM OPINION. Signed by Judge R David Proctor on
4/16/2018. (KAM) (Entered: 04/16/2018)
04/16/2018
2083
ORDER for the reasons explained in the accompanying Memorandum
Opinion, 1392 Motion for Partial Summary Judgment Regarding Issues
Decided in United States v. Anthem is DENIED. Signed by Judge R David
Proctor on 4/16/2018. (KAM) (Entered: 04/16/2018)
04/16/2018
2084
***Document Sealed ** PLAINTIFFS' REPLY in Support of Motion to
Amend Discovery Order 88 (KAM) (Entered: 04/16/2018)
04/16/2018
2085
MOTION for Certification Under 28 U.S.C. 1292(b) by Defendants' Counsel.
(Attachments: # 1 Memorandum in Support)(Zott, David) (Entered:
04/16/2018)
04/16/2018
2086
STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel
(Attachments: # 1 Exhibit 1)(Hoover, Craig) (Entered: 04/16/2018)
04/16/2018
2087
STATUS REPORT by Plaintiffs' Counsel. filed by Plaintiffs' Counsel
(Whatley, Joe) (Entered: 04/16/2018)
04/17/2018
2088
STATUS REPORT Report Regarding Proposed Agenda for Hearing and
Status Conference on April 19, 2018 by Special Master. filed by Special
Master (Gentle, Edgar) (Entered: 04/17/2018)
04/17/2018
2089
STATUS REPORT Regarding Plaintiffs' Refusal to Follow Court−Imposed
Limitations on Re−Opened Deposition by Blue Cross and Blue Shield of
Alabama. filed by Blue Cross and Blue Shield of Alabama (Attachments: # 1
Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E)(Burkhalter, Carl) (Entered: 04/17/2018)
04/17/2018
2090
***Document Sealed **BCBS Association's RESPONSE to plaintiff's
Motion to Compel production of documents from certain defendants'
privilege logs (KAM) (Entered: 04/17/2018)
04/17/2018
2091
Opposition to re 2069 April 10, 2018 Report & Recommendation of Special
Master (Redacted) filed by Excellus Health Plan, Inc. d/b/a Excellus
BlueCrossBlueShield. (Schmidt, John) (Entered: 04/17/2018)
04/17/2018
2092
308
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 308 of 509
NOTICE by Plaintiffs' Liaison Counsel re 2069 Brief Plaintiffs' Objections to
Special Master's Reports and Recommendation on Excellus Privilege Log
Samples (Ragsdale, Barry) (Entered: 04/17/2018)
04/17/2018
2093
***Document Sealed **DEFENDANT BCBSAL's STATUS REPORT
regarding plaintiffs' refusal to follow court−imposed limitations on
re−opened deposition (Attachments: # 1 Exhibit C, # 2 Exhibit D, # 3 Exhibit
E) (KAM) (Entered: 04/17/2018)
04/17/2018
2094
***Document Sealed ***DEFENDANT BCBS of North Carolina's
RESPONSE to plaintiffs' Motion to Compel production of documents from
certain defendants' privilege logs (KAM) (Entered: 04/17/2018)
04/17/2018
2095
RESPONSE to Plaintiffs' Motion to Compel Production of Documents from
Certain Defendants' Privilege Logs filed by Blue Cross and Blue Shield of
Alabama. (Malatesta, John) (Entered: 04/17/2018)
04/17/2018
2096
***Document Sealed **Excellus' OBJECTION to the 4/10/2018 REPORT &
RECOMMENDATION of the Special Master (KAM) (Entered: 04/17/2018)
04/17/2018
2097
***Document Sealed **DEFENDANT CAPITAL BLUECROSS
RESPONSE to plaintiffs' motion to compel production of documents from
certain defendants' privilege logs (Attachments: # 1 Exhibit) (KAM)
(Entered: 04/17/2018)
04/18/2018
2098
TEXT ORDER−This matter is before the court on Subscriber Plaintiffs'
Renewed Motion for a Protective Order as to BCBS−AL's Contacts with
Putative Class Members. 2073 . Any response to the Motion 2073 is due on
or before April 27, 2018; any reply is due on or before May 9, 2018.
Signed by Judge R David Proctor on 4/18/2018. (KAM) (Entered:
04/18/2018)
04/18/2018
2099
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on
4/18/2018: # 1 Exhibit Unredacted Brief) (PSM, ). (Entered: 04/18/2018)
04/18/2018
2100
NOTICE by Defendants' Counsel re 2086 Status Report (Kimble, Cavender)
(Entered: 04/18/2018)
04/18/2018
2101
STATUS REPORT Regarding Pending Issues In Light of April 5, 2018
Ruling (Provider Plaintiffs) (Redacted) by Plaintiffs' Counsel. filed by
Plaintiffs' Counsel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, #
4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9
Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13,
# 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit
22)(Whatley, Joe) (Entered: 04/18/2018)
04/18/2018
2102
STATUS REPORT on Privilege Logs by Plaintiffs' Liaison Counsel. filed by
Plaintiffs' Liaison Counsel (Attachments: # 1 Exhibit A)(Ragsdale, Barry)
(Entered: 04/18/2018)
04/18/2018
2103
***Document Sealed *** PROVIDER PLAINTIFFS' STATUS REPORT
regarding pending issues in light of 4/5/2018 Ruling (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
309
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 309 of 509
Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11
Exhibit 11−1, # 12 Exhibit 11−2, # 13 Exhibit 11−3, # 14 Exhibit 11−4, # 15
Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit
16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24
Exhibit 21, # 25 Exhibit 22) (KAM) (Entered: 04/18/2018)
04/18/2018
2104
***Document Sealed*** DEFENDANT BCBS of Alabama's RESPONSE to
Plaintiffs' Motion to Compel production of documents from certain
defendants' privilege logs (KAM) (Entered: 04/18/2018)
04/18/2018
2105
RESPONSE to re 2089 BCBSAL's Status Report Regarding Plaintiffs'
Refusal to Follow Court−Imposed Limitations on Re−Opened Deposition
filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 04/18/2018)
04/19/2018
Minute Entry for proceedings held before Judge R David Proctor: Motion
Hearing held on 4/19/2018 re 1961 SEALED MOTION. (Court Reporter
Leah Turner.) (KLL) (Entered: 04/19/2018)
04/19/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 4/19/2018: re 2036 , 2061 , 2089 ; oral
argument by counsel; court's remarks; hrg adj. (Court Reporter Leah Turner)
(ASL) (Entered: 04/19/2018)
04/20/2018
2106
RESPONSE to re 2092 of Excellus to Plaintiff's Objection to the Special
Master's 4.10.18 Report & Recommendation (Redacted) filed by Excellus
Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield. (Schmidt, John)
(Entered: 04/20/2018)
04/20/2018
2107
***Document Sealed*** DEFENDANT Excellus" RESPONSE to plaintiffs'
objection to the Special Master's 4/10/2018 Report and Recommendation
2069 (KAM) (Entered: 04/20/2018)
04/20/2018
2108
TEXT ORDER This matter is before the court on Defendants' Motion for
Certification under 28 U.S.C. § 1292(b). 2085 Any response from Plaintiffs
is due on or before April 25, 2018. Any reply from Defendants is due on or
before April 30, 2018. Signed by Judge R David Proctor on 4/20/2018.
(KAM) (Entered: 04/20/2018)
04/20/2018
2109
TEXT ORDER−This matter is before the court on Plaintiffs Motion to
Amend Order Appointing Privilege Master. 1763 For the reasons discussed
on the record in open court on April 19, 2018, the Motion 1961 is DENIED
WITHOUT PREJUDICE. Signed by Judge R David Proctor on 4/20/2018.
(KAM) (Entered: 04/20/2018)
04/23/2018
2110
Transcript of Proceedings held on April 19, 2018, before Judge R David
Proctor. Court Reporter/Transcriber Leah S Turner. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
310
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 310 of 509
Request due 5/14/2018. Redacted Transcript Deadline set for 5/24/2018.
Release of Transcript Restriction set for 7/22/2018. (SAC ) (Entered:
04/23/2018)
04/23/2018
2111
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT
The court has reviewed the application, and finds it to be fair and reasonable.
The court ORDERS that the Special Master's application for payment is
approved, with: (i) one−half, or $2,500.00, to be paid by the Defendants; and
(ii) one−fourth, or $1,250.00, to be paid by the Subscriber Track, and
one−fourth, or $1,250.00, to be paid by the Provider Track, from their
Common Benefit monies. The Court reserves the power to modify the terms
of this order. Signed by Judge R David Proctor on 4/23/18. (SAC ) (Entered:
04/23/2018)
04/23/2018
2112
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT
The court has reviewed the application, and finds it to be fair and reasonable.
The court ORDERS that the Special Master's application for payment is
approved, with one−half of the billing for common projects, plus the billing
that's specific only to subscriber Track projects, or $32,500.00, to be paid by
the Subscriber Track and one−half of the billing for common projects, plus
the billing that's specific only to Provider Track projects, or $22,500.00, to be
paid by the Provider Track, from their Common Benefit monies. The court
reserves the power to modify the terms of this order. Signed by Judge R
David Proctor on 4/23/18. (SAC ) (Entered: 04/23/2018)
04/23/2018
2113
MODIFICATION to DISCOVERY ORDER No. 88− The motion 2036 is
GRANTED IN PART and DENIED IN PART. The motion is GRANTED
insofar as the depositions of Kellogg and Stone are held in abeyance until
June 22, 2018. The motion is DENIED WITHOUT PREJUDICE insofar as
the plaintiffs seek to amend Discovery Order No. 88 to expand the length and
scope of the depositions. Plaintiffs may file a renewed motion to amend
Discovery Order No. 88 at the conclusion of the abeyance period, explaining
in detail the grounds supporting the plaintiffs' requested relief regarding the
length and scope of the depositions. Signed by Magistrate Judge T Michael
Putnam on 4/23/18. (SAC ) (Entered: 04/23/2018)
04/24/2018
2114
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
PREMERA. (Harwood, R) (Entered: 04/24/2018)
04/24/2018
2115
Transcript of Proceedings held on April 19, 2018, before Judge T Michael
Putnam. Court Reporter/Transcriber Leah Turner/ Teresa Roberson.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/15/2018. Redacted Transcript Deadline set for 5/25/2018.
Release of Transcript Restriction set for 7/23/2018. (Attachments: # 1
311
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 311 of 509
Certificate) (SAC ) (Entered: 04/24/2018)
04/24/2018
2116
STATUS REPORT BCBSAL's Justifications to Maintain Seal on Exhibits C
and E to its Status Report Regarding Plaintiffs' Refusal to Follow
Court−Imposed Limitations on Re−Opened Deposition by Blue Cross and
Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama
(Burkhalter, Carl) (Entered: 04/24/2018)
04/25/2018
2117
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on
4/25/2018: # 1 Exhibit Unredacted Brief) (PSM, ). (Entered: 04/25/2018)
04/25/2018
2118
Transcript of Proceedings held on 4/19/2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Leah Turner/Teresa Roberson.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/16/2018. Redacted Transcript Deadline set for 5/26/2018.
Release of Transcript Restriction set for 7/24/2018. (Attachments: # 1 CR
certification) (KAM) (Entered: 04/25/2018)
04/25/2018
2119
ORDER REGARDING EXCELLUS HEALTH PLAN, INC. d/b/a
EXCELLUS BLUECROSS BLUESHIELDS SAMPLE DOCUMENTS −
Document EXCELLUS_PL_00000470 − Objection overruled. Ruling:
Privilege claim upheld; Document EXCELLUS_PL_00000484 − Objection
sustained. Ruling: Privilege claim upheld; Document
EXCELLUS_PL_00000485 − Objection sustained. Ruling: Privilege claim
upheld. Signed by Judge R David Proctor on 4/25/2018. (KAM) (Entered:
04/25/2018)
04/25/2018
2120
MOTION for Partial Summary Judgment Against Certain Defendants That
Were Not Signatories to Settlement Agreements in Love v. Blue Cross and
Blue Shield Association (Provider Plaintiffs) by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Whatley, Joe) (Entered: 04/25/2018)
04/25/2018
2121
ORDER REGARDING RULE 5.2 − the request contained in 2116 is
GRANTED IN PART; Pursuant to Federal Rule of Civil Procedure 5.2(d),
BCBS−AL is ORDERED to file redacted versions of Documents 2093−1 and
2093−3 on the public docket; absent a contrary order of the court in a
particular circumstance, the court SUSPENDS the operation of Rule 5.2(d) in
this MDL. Counsel in this MDL SHALL NOT file under seal any documents
that merely require redaction, particularly where redaction will not obscure
the substance of the document. Signed by Judge R David Proctor on
4/25/2018. (KAM) (Entered: 04/25/2018)
04/25/2018
2122
312
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 312 of 509
RESPONSE in Opposition re 2085 MOTION for Certification Under 28
U.S.C. 1292(b) (Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley,
Joe) (Entered: 04/25/2018)
04/25/2018
2123
Joint MOTION Reimbursement of Costs and Fees re 2062 Joint MOTION
for Discovery Re Costs Incurred by Aetna & Humana by AETNA, Inc.,
Humana Inc.. (Attachments: # 1 Exhibit 1 − Subpoena, # 2 Exhibit 2 −
Letter, # 3 Exhibit 3 − Letter, # 4 Exhibit 4 − Letter, # 5 Exhibit 5 − Letter, #
6 Exhibit 6 − Letter, # 7 Exhibit 7 − Letter, # 8 Exhibit 8 − Letter, # 9 Exhibit
9 − Letter, # 10 Exhibit 10 − Letter, # 11 Exhibit 11 − Letter, # 12 Exhibit 12
− Letter, # 13 Exhibit 13 − Letter, # 14 Exhibit 14 − Email, # 15 Exhibit 15 −
Email, # 16 Exhibit 16 − Email, # 17 Exhibit 17 − Email, # 18 Exhibit 18 −
Email, # 19 Exhibit 19 − Email, # 20 Exhibit 20 − Email, # 21 Exhibit 21 −
Letter, # 22 Exhibit 22 − Email, # 23 Exhibit 23 − Email, # 24 Exhibit 24 −
Email, # 25 Exhibit 25 − Letter, # 26 Exhibit 26 − Letter, # 27 Exhibit 27 −
Fee Application, # 28 Exhibit 28 − Fee Application)(Weyman, Benjamin)
Modified on 10/25/2018 (KAM, ). (Entered: 04/25/2018)
04/25/2018
2124
RESPONSE in Opposition re 2085 MOTION for Certification Under 28
U.S.C. 1292(b) filed by Plaintiffs' Counsel. (Hellums, Christopher) (Entered:
04/25/2018)
04/25/2018
2125
STATUS REPORT BCBSAL's Justifications to Maintain Seal and
Redactions on Certain Portions of Subscriber Plaintiffs' Renewed Motion for
Protective Order and Certain Accompanying Exhibits by Blue Cross and
Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama
(Burkhalter, Carl) (Entered: 04/25/2018)
04/26/2018
2126
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HEALTH CARE SERVICE CORPORATION AND CARING FOR
MONTANANS, INC.. (Harwood, R) (Entered: 04/26/2018)
04/27/2018
2127
Opposition to re 2074 Plaintiffs' Motion for Sanctions Against BCBS−AL for
Violation of Discovery Order 76 filed by Defendants' Counsel. (Zott, David)
(Entered: 04/27/2018)
04/27/2018
2128
MOTION for Leave to File Excess Pages by Blue Cross and Blue Shield of
Alabama. (Burkhalter, Carl) (Entered: 04/27/2018)
04/27/2018
2129
Opposition to Plaintiffs' Motion for Sanctions for Violation of Discovery
Order No. 76 filed by Blue Cross and Blue Shield of Alabama. (Attachments:
# 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6
Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit
J)(Burkhalter, Carl) (Entered: 04/27/2018)
04/27/2018
2130
Opposition to Subscriber Plaintiffs' Renewed Motion for Protective Order as
to BCBSAL's Contacts with Punative Class Members filed by Blue Cross and
Blue Shield of Alabama. (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)(Burkhalter, Carl) (Entered: 04/27/2018)
04/29/2018
2131
RESPONSE in Opposition re 2128 MOTION for Leave to File Excess Pages
filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Whatley, Joe) (Entered: 04/29/2018)
313
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 313 of 509
04/30/2018
2132
TEXT ORDER This matter is before the court on an informal request from
Defendants' counsel for an enlargement to 20 pages for their consolidated
reply to Plaintiffs' separate oppositions to their Motion for Certification under
28 U.S.C. § 1292(b). 2085 The court understands that Defendants' counsel
reached out to Plaintiffs' counsel, who do not oppose this request. Therefore,
the request is GRANTED. Signed by Judge R David Proctor on 4/29/2018.
(KAM) (Entered: 04/30/2018)
04/30/2018
2133
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE SHIELD OF CALIFORNIA. (Harwood, R) (Additional attachment(s)
added on 4/30/2018: # 1 Unredacted R&R) (KAM, ). (Entered: 04/30/2018)
04/30/2018
2134
RESPONSE in Support re 2128 MOTION for Leave to File Excess Pages
filed by Defendants' Counsel. (Attachments: # 1 Exhibit A)(Burkhalter, Carl)
(Entered: 04/30/2018)
04/30/2018
2135
***Document Sealed *** DEFENDANT BCBS Alabama's OPPOSITION to
Plaintiffs' Motion for Sanctions for violation of Discovery Order No. 76
(KAM) (Entered: 04/30/2018)
04/30/2018
2136
***Document Sealed *** DEFENDANT BCBS of Alabama's OPPOSITION
to Subscriber Plaintiffs' RENEWED MOTION for Protective Order as to
BCBSAL's contacts with putative class members (Attachments: # 1 Exhibit
C, # 2 Exhibit D, # 3 Exhibit E, # 4 Exhibit G) (KAM) (Entered: 04/30/2018)
04/30/2018
2137
ORDER The Seal Team is ORDERED to meet with Judge Harwood on May
15, 2018, at 11:00 a.m. in Courtroom 3B, Hugo L. Black US Courthouse,
Birmingham, Alabama. Court reporter to be present. Signed by Magistrate
Judge T Michael Putnam on 4/30/2018. (KAM) (Entered: 04/30/2018)
04/30/2018
2138
THIRD AMENDMENT TO DISCOVERY ORDER No. 76 as set out in this
order. Signed by Magistrate Judge T Michael Putnam on 4/29/2018. (KAM)
(Entered: 04/30/2018)
04/30/2018
2139
REPLY Brief filed by Defendant Defendants' Counsel re: 2085 MOTION for
Certification Under 28 U.S.C. 1292(b) filed by Defendants' Counsel. (Zott,
David) (Entered: 04/30/2018)
05/01/2018
2140
NOTICE SUBSCRIBER PLAINTIFFS NOTICE OF FILING REDACTED
DOCUMENTS re 1436 Document Sealed,,,,,,,,, 1352 Document
Sealed,,,,,,,,,,,,,,,,,,,, of Filing Redacted Excerpts of Certain Sealed Exhibits
(Attachments: # 1 A − Leahey Tr., # 2 B − Hedges Tr., # 3 C − Wilson Tr., #
4 D − Carter Tr., # 5 E − Putziger Tr., # 6 F − Murphy Tr., # 7 G − Rotunno
Tr., # 8 H − Serota Tr., # 9 I − Serota2 Tr., # 10 J − Carden Tr., # 11 K −
Kellogg Tr., # 12 L − Swedish Tr., # 13 M − Anthem Tr.)(Stokes, Tammy)
Modified on 5/2/2018 (KAM, ). (Entered: 05/01/2018)
05/01/2018
2141
RESPONSE to re 2114 Plaintiffs' Objections to Special Master's Reports and
Recommendation on Premera Privilege Log Samples filed by Plaintiffs'
Liaison Counsel. (Ragsdale, Barry) (Entered: 05/01/2018)
05/01/2018
2142
ORDER This case is before the court on Defendant Blue Cross and Blue
Shield of Alabamas Motion to Exceed Page Limit. 2128 . Plaintiffs oppose
the motion. 2131 . The motion, which concerns a brief filed in opposition to a
314
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 314 of 509
request for discovery sanctions, is properly before Judge Putnam and will not
be ruled upon in this order. Nevertheless, the rancorous briefing regarding
this motion compels the court to weigh in on this current chapter of the
parties discovery soap opera as set out in this order; the court leaves it to
Judge Putnam to address this motion.Signed by Judge R David Proctor on
5/1/2018. (KAM) (Entered: 05/01/2018)
05/01/2018
2143
***Document Sealed *** PLAINTIFFS' OBJECTIONS to Special Master's
Report and Recommendation 2114 on Premera's privilege log samples
(Attachments: # 1 Exhibit 1) (KAM) (Entered: 05/01/2018)
05/02/2018
2144
TEXT ORDER−This matter is before the court on Provider Plaintiffs
Motion for Partial Summary Judgment. 2120 Any responses to the Motion
are due on or before June 26, 2018. Any replies are due on or before July
26, 2018. Signed by Judge R David Proctor on 5/2/2018. (KAM) (Entered:
05/02/2018)
05/02/2018
2145
RESPONSE in Support re 2123 Joint MOTION Reimbursement of Costs and
Fees re 2062 Joint MOTION for Discovery Re Costs Incurred by Aetna &
Humana jointly filed by Provider Plaintiffs and filed by Defendants' Counsel.
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E)(West, Kimberly) (Entered: 05/02/2018)
05/02/2018
2146
***Document Sealed*** DEFENDANTS1 AND PROVIDER PLAINTIFFS
JOINT REPLY IN SUPPORT OFMOTION REGARDING COSTS
INCURRED BY AETNA AND HUMANA (KAM) (Entered: 05/02/2018)
05/02/2018
2147
NOTICE by Blue Cross and Blue Shield of Alabama Notice of Filing
Pursuant to Order Regarding Rule 5.2 (Attachments: # 1 Exhibit A, # 2
Exhibit B)(Burkhalter, Carl) (Entered: 05/02/2018)
05/02/2018
2148
STATUS REPORT BCBSAL's Justifications to Maintain Seal and
Redactions on Provider Plaintiffs' Status Report Regarding Pending Issues in
Light of April 5, 2018 Ruling and Certain Accompanying Exhibits by Blue
Cross and Blue Shield of Alabama. filed by Blue Cross and Blue Shield of
Alabama (Burkhalter, Carl) (Entered: 05/02/2018)
05/03/2018
2149
REDACTED Transcript of Proceedings held on 11/13/2017, before Judge R.
David Proctor. Court Reporter/Transcriber Leah S. Turner. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/24/2018. Redacted Transcript Deadline set for 6/3/2018.
Release of Transcript Restriction set for 8/1/2018. (KAM) (Entered:
05/03/2018)
05/04/2018
2150
***Document Sealed*** PREMERA BLUE CROSSS RESPONSE TO
PLAINTIFFS OBJECTION TO THESPECIAL MASTERS APRIL 24, 2018
REPORT & RECOMMENDATION (Attachments: # 1 Exhibit A) (KAM)
315
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 315 of 509
(Entered: 05/04/2018)
05/07/2018
2151
ORDER granting 2128 Motion for Leave to File Excess Pages. Signed by
Magistrate Judge T Michael Putnam on 5/7/2018. (KAM) (Entered:
05/07/2018)
05/07/2018
2152
RESPONSE to re 2133 Plaintiffs' Objections to Special Master's Report and
Recommendation on Blue Shield of California Privilege Log Samples filed by
Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1)(Ragsdale, Barry)
(Entered: 05/07/2018)
05/07/2018
2153
***Document Sealed*** PLAINTIFFS' OBJECTIONS TO SPECIAL
MASTER'SREPORT AND RECOMMENDATION ON BLUE SHIELD
OFCALIFORNIA PRIVILEGE LOG SAMPLES (Attachments: # 1 Exhibit
1) (KAM) (Entered: 05/07/2018)
05/07/2018
2154
STATUS REPORT Concerning Personally Identifiable Information
Contained in Sealed Exhibit to its Opposition to Subscribers' Renewed
Motion for Protective Order by Blue Cross and Blue Shield of Alabama.
filed by Blue Cross and Blue Shield of Alabama (Burkhalter, Carl) (Entered:
05/07/2018)
05/08/2018
2155
STATUS REPORT Concerning Justifications to Maintain Seals and
Redactions on Certain Portions of Subscriber Plaintiffs' Renewed Motion for
Protective Order and Certain Accompanying Exhibits by Blue Cross and
Blue Shield of Alabama. filed by Blue Cross and Blue Shield of Alabama
(Burkhalter, Carl) (Entered: 05/08/2018)
05/08/2018
2156
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2127 Opposition
(other), 2129 Opposition (other), Plaintiffs' Consolidated Reply In Support of
Motion for Sanctions Against BCBS−AL for Violation of Discovery Order 76
filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit J)(Whatley, Joe)
(Entered: 05/08/2018)
05/08/2018
2157
MOTION for Oral Argument re 2085 MOTION for Certification Under 28
U.S.C. 1292(b) by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 05/08/2018)
05/09/2018
2158
ORDER REGARDING PREMERA BLUE CROSSS SAMPLE
DOCUMENTS − Document Premera−Incamera−000113; Objection:
sustained in part. Ruling: Privilege claim upheld in part and unsubstantiated
in part. Signed by Judge R David Proctor on 5/9/2018. (KAM) (Entered:
05/09/2018)
05/09/2018
2159
ORDER− re: Motion for Certification 2085 , on or before 5/24/2018, parties
SHALL each file a report, limited to twenty pages, addressing in detail what
issues (evidentiary or legal) in their class certification motions or responses
should be differently analyzed if the court, contrary to its rulings previously,
were to apply (1) the rule of reason standard of review to Plaintiffs claims
regarding the aggregation of ESAs and National Best Efforts or (2) the per se
standard of review to Plaintiffs claims regarding Blue Card.1The Clerk of the
Court is directed to ADMINISTRATIVELY TERMINATE Plaintiffs Motion
for Oral Argument. 2157 .Signed by Judge R David Proctor on 5/9/2018.
(KAM) (Entered: 05/09/2018)
05/09/2018
2160
316
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 316 of 509
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2073 MOTION for
Protective Order Renewed Motion for Protective Order as to BCBS−AL's
Contacts with Putative Class Members filed by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered: 05/09/2018)
05/09/2018
2161
***Document Sealed*** REPLY MEMORANDUM IN SUPPORT OF
SUBSCRIBERPLAINTIFFS RENEWED MOTION FOR APROTECTIVE
ORDER AS TO CLASS MEMBER CONTACTS (Attachments: # 1 Exhibit
A) (KAM) (Entered: 05/09/2018)
05/10/2018
2162
MOTION to Compel Production of Documents From Certain Defendants'
Privilege Logs by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit A−I)(Ragsdale, Barry)
(Entered: 05/10/2018)
05/10/2018
2163
***Document Sealed*** CALIFORNIA PHYSICIANS SERVICE INC.S
RESPONSE TO PLAINTIFFSOBJECTION TO THE SPECIAL
PRIVILEGE MASTERSAPRIL 30, 2018 REPORT &
RECOMMENDATION (KAM) (Entered: 05/10/2018)
05/10/2018
2164
***Document Sealed*** PLAINTIFFS' MOTION TO COMPEL
PRODUCTION OF DOCUMENTSFROM CERTAIN DEFENDANTS'
PRIVILEGE LOGS (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3,
# 4 Exhibit 4, # 5 Exhibit A−I) (KAM) (Entered: 05/10/2018)
05/11/2018
2165
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HEALTH CARE SERVICE CORPORATION AND CARING FOR
MONTANANS, INC.. (Harwood, R) (Entered: 05/11/2018)
05/11/2018
2166
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HEALTHNOW NEW YORK INC.. (Harwood, R) (Entered: 05/11/2018)
05/14/2018
2167
ORDER REGARDING BLUE SHIELD OF CALIFORNIAS SAMPLE
DOCUMENTS − Document BCBS−002137601; Objection overruled.
Ruling: Privilege claim upheld. Document BCBS−006567335; Objection
sustained. Ruling: Privilege claim unsubstantiated. Document
BOX10−0002452; Objection overruled. Ruling: Privilege claim upheld.
Document SHRDN_PAPER−0136365; Objection overruled. Ruling:
Privilege claim upheld.Signed by Judge R David Proctor on 5/14/2018.
(KAM) (Entered: 05/14/2018)
05/15/2018
2168
***Document Sealed*** CERTAIN DEFENDANTS OPPOSITION TO
PLAINTIFFS MOTION TO COMPEL (Attachments: # 1 Exhibit 1, # 2
Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5A, # 6 Exhibit 5B, # 7
Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (KAM) (Entered: 05/15/2018)
05/15/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Motion Hearing held on 5/15/2018; Privilege Master's Update;
Motions 2066 & 2074 , argument by counsel; court's remarks; hrg adj (Court
Reporter Leah Turner) (ASL) (Entered: 05/15/2018)
05/16/2018
2169
RESPONSE to re 2148 Blue Cross and Blue Shield of Alabama's
Justifications to Maintain Seals and Redactions on Certain Portions of
317
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 317 of 509
Provider Plaintiffs' Status Report Regarding Pending Issues In Light of April
5, 2018 Ruling and Certain Accompanying Exhibits (Provider Plaintiffs) filed
by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 05/16/2018)
05/18/2018
2170
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
ANTHEM, INC.. (Harwood, R) (Additional attachment(s) added on
5/18/2018: # 1 Unredacted R&R) (KAM, ). (Entered: 05/18/2018)
05/18/2018
2171
***Document Sealed*** OBJECTION OF HEALTHNOW NEW YORK
TOSPECIAL MASTER REPORT AND RECOMMENDATION
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D−1, #
5 Exhibit D−2, # 6 Exhibit D−3) (KAM) (Entered: 05/18/2018)
05/18/2018
2172
RESPONSE to re 2165 Plaintiffs' Objections to Special Master's Report and
Recommendation on HCSC Privilege Log Samples filed by Plaintiffs' Liaison
Counsel. (Ragsdale, Barry) (Entered: 05/18/2018)
05/21/2018
2173
ORDER before the court is Defts and Providers Joint Motion Regarding
Costs Incurred by Aetna and Humana 2066 ; Aetna and Humana are
ORDERED to submit their outside counsels detailed time sheets no later than
June 4, 2018; to the extent time sheets exist for the contract attorneys review,
Aetna and Humana are ORDERED to submit those time sheets no later than
June 4, 2018, as well. Signed by Magistrate Judge T Michael Putnam on
5/21/2018. (KAM) (Entered: 05/21/2018)
05/21/2018
2174
RESPONSE to re 2172 Plaintiffs' Objections to Special Master's Report and
Recommendation on HCSC Privilege Log Samples filed by Caring for
Montanans, Inc. f/k/a Blue Cross and Blue Shield of Montana, Inc., Health
Care Service Corporation. (Zeiger, Jeffrey) (Entered: 05/21/2018)
05/22/2018
2175
ORDER REGARDING HEALTHNOW NEW YORKS SAMPLE
DOCUMENTS − Document HN−PL00002623 − Objection sustained.
Ruling: Privilege claim upheld. Signed by Judge R David Proctor on
5/22/2018. (KAM) (Entered: 05/22/2018)
05/22/2018
2176
ORDER REGARDING HCSCS SAMPLE DOCUMENTS − Document
CNTRL 08955649 − Plaintiffs objection regarding this document is MOOT.
Document HCSC−E005 205137 − Plaintiffs objection regarding this
document is MOOT. Signed by Judge R David Proctor on 5/22/2018. (KAM)
(Entered: 05/22/2018)
05/22/2018
2177
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 4/1/2018 through 4/30/2018 as
it relates to both sides and totaling $10,000.00. Signed by Judge R David
Proctor on 5/22/2018. (KAM) (Entered: 05/22/2018)
05/22/2018
2178
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 4/1/2018 through 4/30/2018
relating solely to the services provided to the plaintiffs and totaling
$54,000.00. Signed by Judge R David Proctor on 5/22/2018. (KAM)
(Entered: 05/22/2018)
05/22/2018
2179
Transcript of Proceedings held on 5/15/2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number
318
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 318 of 509
205−278−1780. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/12/2018. Redacted Transcript Deadline set for 6/22/2018.
Release of Transcript Restriction set for 8/20/2018. (JLC) (Entered:
05/22/2018)
05/24/2018
2180
STATUS REPORT Regarding Privilege Log Challenges by Plaintiffs'
Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
(Entered: 05/24/2018)
05/24/2018
2181
***Document Sealed*** Provider Plaintiffs' Memorandum regarding the
effect of the standard of review on class certification of plaintiffs' Section 1
claims (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit
4) (KAM) (Entered: 05/24/2018)
05/24/2018
2182
RESPONSE to the Court's May 9, 2018 Order filed by Defendants' Counsel.
(Zott, David) (Entered: 05/24/2018)
05/24/2018
2183
Brief Provider Plaintiffs' Memorandum Regarding the Effect of the Standard
of Review on Class Certification of Plaintiffs' Section 1 Claims (Redacted)
filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4)(Whatley, Joe) (Entered: 05/24/2018)
05/24/2018
2184
RESPONSE to re 2159 Subscriber Plaintiffs' Statement Regarding the
Antitrust Standard of Review and Class Certification filed by Plaintiffs'
Counsel. (Hellums, Christopher) (Entered: 05/24/2018)
05/25/2018
2185
RESPONSE to re 2170 Plaintiffs' Objections to Special Master's Report and
Recommendation on Anthem, Inc. Privilege Log Samples filed by Plaintiffs'
Liaison Counsel. (Ragsdale, Barry) (Entered: 05/25/2018)
05/25/2018
2186
Opposition to re 2170 Report & Recommendation of Special Privilege Master
Regarding Anthem, Inc. Sample Documents filed by Anthem, Inc..
(Attachments: # 1 Exhibit A − Umstead Declaration)(Cohen, Lucile)
(Entered: 05/25/2018)
05/25/2018
2187
Consent MOTION for Extension of Time to File Response to Plaintiffs'
Objections to the Special Privilege Master's Report and Recommendation on
Anthem, Inc.'s Sample Documents by Anthem, Inc.. (Cohen, Lucile)
(Entered: 05/25/2018)
05/25/2018
2188
TEXT ORDER This case is before the court on Defendant Anthem, Inc.'s
Consent Motion to Extend the Parties' Deadline for Filing Responses to
Objections to the Special Master's Report and Recommendation on Anthem,
Inc.'s Privilege Log Samples. 2187 For good cause shown, Anthem's Motion
2187 is GRANTED. The parties MAY file responses to the objections to
Judge Harwood's Report and Recommendation on Anthem's privilege log
319
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 319 of 509
samples on or before 12:00 p.m. CDT on June 1, 2018. Signed by Judge R
David Proctor on 5/25/2018. (JLC) (Entered: 05/25/2018)
05/30/2018
2189
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY. (Harwood, R)
(Entered: 05/30/2018)
06/01/2018
2190
RESPONSE to re 2185 Plaintiffs' Objections to Special Privilege Master's
Report and Recommendation filed by Anthem, Inc.. (Cohen, Lucile)
(Entered: 06/01/2018)
06/01/2018
2191
NOTICE of Appearance by Susan Smelcer on behalf of Defendants' Counsel
(Smelcer, Susan) (Entered: 06/01/2018)
06/04/2018
2192
MOTION for Leave to File Supplemental Brief in Support of Motion for
Sanctions Against BCBS−AL for Violation of Discovery Order No. 76
(Opposed) by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 06/04/2018)
06/05/2018
2193
RESPONSE to Plaintiffs' June 4, 2018 Motion to File Supplemental Brief
filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl) (Entered:
06/05/2018)
06/06/2018
2194
TEXT ORDER denying 2192 Motion for Leave to File Supplemental Brief in
Support of Motion for Sanctions. Signed by Magistrate Judge T Michael
Putnam on June 6, 2018. (JTS) (Entered: 06/06/2018)
06/06/2018
2195
ORDER REGARDING ANTHEMS SAMPLE DOCUMENTS − Documents
WLP−05997745, WLP−07314205, WLP−06293872, and WLP−06849240;in
response to Plaintiffs Objections, Anthem notes that it either has already
produced, or agreesto produce, these four documents 2190 ; objections
regarding these documents are MOOT. Document WLP−07831263 −
objection overruled. Ruling: Privilege claim upheld. Signed by Judge R
David Proctor on 6/6/2018. (KAM) (Entered: 06/06/2018)
06/07/2018
2196
ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David
Proctor on 6/7/2018. (KAM) (Entered: 06/07/2018)
06/07/2018
2197
STATUS REPORT Regarding Discovery Order No. 83 by Anthem, Inc..
filed by Anthem, Inc. (Hoover, Craig) (Entered: 06/07/2018)
06/08/2018
2198
ORDER Status Conference set for 6/28/2018 09:00 AM in Courtroom 7A
before Judge R David Proctor. The Special Master will provide a call−in
number for the conference. On or before Friday, 6/22/2018, the parties
SHALL submit a joint report containing a proposed agenda of items the
parties wish to be addressed during the status conference. Signed by Judge R
David Proctor on 6/8/2018. (KAM) (Entered: 06/08/2018)
06/08/2018
2199
TEXT ORDER. The Status Conference set by Discovery Order No. 1 (doc.
229) shall be held on June 28, 2018, at 1:00 PM in Courtroom 3B, Hugo L.
Black US Courthouse, Birmingham, Alabama, before Magistrate Judge T
Michael Putnam. Court reporter to be present. Any written submissions are
governed by subsection II.D.2 of Discovery Order No. 1, as amended. Signed
by Magistrate Judge T Michael Putnam on June 8, 2018. (JTS) (Entered:
06/08/2018)
320
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 320 of 509
06/08/2018
2200
TEXT ORDER−This matter is SET for a telephone conference at 10:00
a.m. on Monday, June 11, 2018, to briefly discuss matters related to
Defendants Motion for Certification under 28 U.S.C. § 1292(b). [Doc. #
2085] A court reporter will be present. The Special Master will provide a call
in number for the conference. Signed by Judge R David Proctor on 6/8/2018.
(KAM) (Entered: 06/08/2018)
06/11/2018
2201
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HIGHMARK, INC.. (Harwood, R) (Additional attachment(s) added on
6/11/2018: # 1 Supplement Unredacted R&R) (PSM, ). (Entered:
06/11/2018)
06/11/2018
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 6/11/2018. (Court Reporter Leah Turner.) (KLL)
(Entered: 06/11/2018)
06/12/2018
2202
MEMORANDUM OPINION REGARDING CERTIFICATIONUNDER 28
U.S.C. § 1292(b). Signed by Judge R David Proctor on 6/12/2018. (KAM)
(KAM, ). (Entered: 06/12/2018)
06/12/2018
2203
ORDER REGARDING CERTIFICATION UNDER 28 U.S.C. § 1292(b)
AND AMENDED ORDER REGARDING SECTION 1 STANDARD OF
REVIEW; in accordance with the accompanying Memorandum Opinion,
granting 2085 Motion for Certification under 28 U.S.C. § 1292(b);The courts
April 5, 2018 Order Regarding Section 1 Standard of Review and Single
Entity Defense is AMENDED as set out in this order. Signed by Judge R
David Proctor on 6/12/2018. (KAM) (Entered: 06/12/2018)
06/12/2018
2204
Transcript of Proceedings held on 6/11/2018, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/3/2018. Redacted Transcript Deadline set for 7/13/2018.
Release of Transcript Restriction set for 9/10/2018. (KAM, ) (Entered:
06/12/2018)
06/13/2018
2205
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
WELLMARK BLUE CROSS AND BLUE SHIELD. (Harwood, R) (Entered:
06/13/2018)
06/14/2018
2206
STATUS REPORT regarding Provider Plaintiffs' Justifications to Maintain
Seal on Exhibit LLLL to Their Response to Defendants' Motion for Summary
Judgment by Plaintiffs' Counsel. filed by Plaintiffs' Counsel (Whatley, Joe)
(Entered: 06/14/2018)
06/14/2018
2207
321
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 321 of 509
ORDER re Status Conference previously set for Thursday, June 28, 2018, it
is hereby RE−SET for 9:00 a.m. on Thursday, August 30, 2018, in
Courtroom 7A of the Hugo L. Black United States Courthouse, 1729 5th
Avenue North, Birmingham, Alabama. On or before Friday, August 24,
2018, the parties SHALL submit a Joint Report containing a proposed agenda
of items the parties wish to be addressed during the Status Conference.
Signed by Judge R David Proctor on 6/14/2018. (JLC, ) (Entered:
06/14/2018)
06/14/2018
2208
STATUS REPORT Regarding Privilege Log Challenges by Plaintiffs'
Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Attachments: # 1
Exhibit A)(Ragsdale, Barry) (Entered: 06/14/2018)
06/15/2018
2209
ORDER re Status Conference previously set for Thursday, June 28, 2018, it
is hereby RE−SET for 1:00 p.m. on Thursday, August 30, 2018, in
Courtroom 3B of the Hugo L. Black United States Courthouse, 1729 5th
Avenue North, Birmingham, Alabama before Magistrate Judge T Michael
Putnam. Furthermore, the parties are DIRECTED to submit a Joint Report by
August 27, 2018, proposing limited Discovery Deadlines and procedures in
order to complete any fact Discovery that is necessary as a result of the
sampling process's conclusion. Signed by Magistrate Judge T Michael
Putnam on 6/15/2018. (JLC) (Entered: 06/15/2018)
06/18/2018
2210
***Document Sealed*** Highmark Inc's OBJECTION to 6/11/2018 Report
and Recommendation of Special Master (KAM) (Entered: 06/18/2018)
06/18/2018
2211
RESPONSE to re 2201 Plaintiffs' Objections to Special Master's Report and
Recommendation on Highmark, Inc. filed by Plaintiffs' Liaison Counsel.
(Attachments: # 1 Exhibit A)(Ragsdale, Barry) (Entered: 06/18/2018)
06/21/2018
2212
***Document Sealed*** HIGHMARK INC.S RESPONSE TO
PLAINTIFFS OBJECTIONS TOJUNE 11, 2018 REPORT &
RECOMMENDATION OF SPECIAL MASTER (KAM) (Entered:
06/21/2018)
06/21/2018
2213
RESPONSE to Plaintiffs' Response To Highmark Objections To Special
Masters Report And Recommendation On Highmark, Inc. filed by Plaintiffs'
Liaison Counsel. (Ragsdale, Barry) (Entered: 06/21/2018)
06/22/2018
2214
ORDER REGARDING HIGHMARKS SAMPLE DOCUMENTS −
Document HMK019816091_001 − Objection sustained. Ruling: Privilege
claim upheld; Document HMK019592573_0001 − Objection sustained.
Ruling: Privilege claim upheld; Document HMK019880363_0001 −
Objection sustained. Ruling: Privilege claim upheld; Document
HMK018486557 − Objection overruled. Ruling: Privilege claim sustained in
part; Documents HMK011233682_0001, HMK019409906, and
HMK019760695. Highmark has agreed to produce these documents 2212 ,
Plas objection with respect to these three documents is moot; Document
HMK011384225 − Objection overruled. Ruling: Privilege claim upheld.
Signed by Judge R David Proctor on 6/22/2018. (KAM) (Entered:
06/22/2018)
06/22/2018
2215
MOTION to Amend/Correct 2113 Order on Motion to Amend/Correct,,,
Order on Sealed Motion,, Plaintiffs' Unopposed Motion to Amend
Modification to Discovery Order No. 88 by Plaintiffs' Liaison Counsel.
322
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 322 of 509
(Ragsdale, Barry) (Entered: 06/22/2018)
06/25/2018
2216
TEXT ORDER re 2215 Unopposed Motion to Amend Modification to
Discovery Order No. 88. The parties are directed to submit mutually
agreeable dates to the Special Master no later than July 2, 2018. Signed by
Magistrate Judge T Michael Putnam on June 25, 2018. (JTS) (Entered:
06/25/2018)
06/26/2018
2217
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
HAWAII MEDICAL SERVICE ASSOCIATION. (Harwood, R) (Additional
attachment(s) added on 6/26/2018: # 1 Supplement Unredacted R&R) (PSM,
). (Entered: 06/26/2018)
06/26/2018
2218
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 5/1/2018 − 5/31/2018 in this
matter relating solely to the services provided to the plaintiffs, and totaling
$57,500.00. Signed by Judge R David Proctor on 6/26/2018. (KAM)
(Entered: 06/26/2018)
06/26/2018
2219
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from 5/1/2018 − 5/31/2018 in this
matter as it relates to services rendered for both sides of the case, and totaling
$6,000.00. Signed by Judge R David Proctor on 6/26/2018. (KAM) (Entered:
06/26/2018)
06/26/2018
2220
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
CAPITAL BLUECROSS. (Harwood, R) (Additional attachment(s) added on
6/26/2018: # 1 Supplement Unredacted R&R) (PSM, ). (Entered:
06/26/2018)
06/26/2018
2221
RESPONSE in Opposition re 2120 MOTION for Partial Summary Judgment
Against Certain Defendants That Were Not Signatories to Settlement
Agreements in Love v. Blue Cross and Blue Shield Association (Provider
Plaintiffs) filed by Defendants' Counsel. (Attachments: # 1 Evidentiary
Submission Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, #
6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11
Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit
14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Sooy,
Kathleen) (Entered: 06/26/2018)
06/26/2018
2222
JOINDER in re 2120 IN CERTAIN DEFENDANTS' OPPOSITION TO
PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY
JUDGMENT filed by USAble Mutual Insurance Company d/b/a Arkansas
Blue Cross and Blue Shield. (Naranjo, Michael) (Entered: 06/26/2018)
06/26/2018
2223
Opposition to re 2120 Provider Plaintiffs' Motion for Partial Summary
Judgment filed by Excellus Health Plan, Inc. d/b/a Excellus
BlueCrossBlueShield. (Attachments: # 1 Exhibit A)(Walsh, Stephen)
(Entered: 06/26/2018)
06/28/2018
2224
SEALED MOTION − Subscriber and Provider Plaintiffs' MOTION to
compel production of documents form BCBS−VT's Privilege Log
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit C and OO)(KAM)
323
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 323 of 509
Modified on 6/29/2018 (KAM, ). (Entered: 06/28/2018)
06/28/2018
2225
MOTION to Compel Production of Documents From BCBS−VT's Privilege
Log by Plaintiffs' Counsel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit C and OO)(Hellums, Christopher) (Entered: 06/28/2018)
06/29/2018
2226
MOTION to Substitute Party by Plaintiffs' Counsel. (Wilkerson, David)
(Entered: 06/29/2018)
07/02/2018
2227
TEXT ORDER−This matter is before the court on Plaintiff SHGI
Corporation's Motion to Substitute Plaintiff. 2226 The Motion explains that
SHGI Corporation has been acquired by Sirocco and Sirocco seeks to replace
SHGI as a named plaintiff in this litigation. The Motion 2226 is GRANTED.
The Clerk of the Court is directed to substitute Sirocco as a named plaintiff in
place of SHGI Corporation in this litigation. Signed by Judge R David
Proctor on 7/2/2018. (KAM) (Entered: 07/02/2018)
07/02/2018
2228
ORDER UNSEALING CERTAIN DOCUMENTS as set out in this order.
Signed by Judge R David Proctor on 7/2/2018. (KAM) (Entered: 07/02/2018)
07/03/2018
2229
***Document Sealed** OBJECTION OF CAPITAL BLUECROSS TO
REPORT & RECOMMENDATION OFSPECIAL PRIVILEGE MASTER
REGARDING SAMPLE DOCUMENTS (Attachments: # 1 Exhibit
Declaration of William Manning) (KAM) (Entered: 07/05/2018)
07/05/2018
2230
***Document Sealed*** BLUE CROSS BLUE SHIELD OF VERMONT'S
RESPONSE TO PLANTIFFS' MOTION TO COMPEL PRODUCTION OF
DOCUMENTS FROM BLUE CROSS BLUE SHIELD OF VERMONT'S
PRIVILEGE LOG (KAM) (Entered: 07/05/2018)
07/05/2018
2231
MEMORANDUM OPINION AND ORDER REGARDING BCBS−ALS
CONTACTS WITH PUTATIVE CLASS MEMBERS − Subscriber Plaintiffs
Renewed Motion for a Protective Order as to BCBS−ALs Contacts with
Putative Class Members (Doc. # 2075) is DENIED. Signed by Judge R David
Proctor on 7/15/2018. (KAM) (Entered: 07/05/2018)
07/09/2018
2232
ORDER this matter is before the court on the Plaintiffs' unopposed Motion to
Amend Modification to Discovery Order No. 88 2215 ; Telephone
Conference set for 7/19/2018 03:00 PM before Magistrate Judge T. Michael
Putnam. Signed by Magistrate Judge T. Michael Putnam on 7/9/2018.
(KAM) (Entered: 07/09/2018)
07/10/2018
2233
STATUS REPORT on Privilege Logs by Blue Cross and Blue Shield of
Alabama. filed by Blue Cross and Blue Shield of Alabama (Malatesta, John)
(Entered: 07/10/2018)
07/11/2018
2234
ORDER REGARDING CAPITAL BLUECROSSS SAMPLE
DOCUMENTS; Document CBC_PL_00005186 − Objection sustained.
Ruling: Privilege claim as to the two identified additional e−mails is upheld;
Document CBC_PL_00022447 − Objection sustained in part. Ruling:
Privilege claim upheld as to the third and fourth paragraphs of the e−mail
which may be redacted; Document CBC_PL_00033626 − Objection
sustained. Ruling: Privilege claim upheld. Signed by Judge R David Proctor
on 7/11/2018. (KAM) (Entered: 07/11/2018)
07/12/2018
2235
324
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 324 of 509
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS OF IDAHO HEALTH SERVICE, INC.. (Harwood, R)
(Entered: 07/12/2018)
07/12/2018
2236
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
CAMBIA HEALTH SOLUTIONS. (Harwood, R) (Additional attachment(s)
added on 7/12/2018: # 1 Unredacted R&R) (KAM, ). (Entered: 07/12/2018)
07/12/2018
2237
MOTION to Withdraw as Attorney Michelle S. Kallen by CIGNA Health and
Life Insurance Company. (Weller, Christopher) (Entered: 07/12/2018)
07/12/2018
2238
TEXT ORDER − This case is before the court on the Motion to Withdraw
filed on behalf of attorney Michelle S. Kallen. 2237 The Motion 2237 is
GRANTED. The Clerk of the Court is directed to terminate attorney Kallen.
Signed by Judge R David Proctor on 7/12/2018. (KAM) (Entered:
07/12/2018)
07/19/2018
2239
***Document Sealed*** OBJECTION OF Blue Cross of Idaho Health
Service Inc to Special Master Report and Recommendation 2235
(Attachments: # 1 Exhibit A, # 2 Exhibit B) (KAM) (Entered: 07/19/2018)
07/19/2018
2240
RESPONSE to re 2235 , 2236 Plaintiffs' Objections to Special Master's
Report and Recommendation on Blue Cross of Idaho and Cambia Privilege
Log Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
07/19/2018)
07/19/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Telephone Conference held on 7/19/2018. (Court Reporter Teresa
Roberson) (ASL) (Entered: 07/19/2018)
07/19/2018
2241
ORDER granting 2215 Plaintiffs Unopposed Motion to Amend Modification
to Discovery Order No. 88. The Plaintiffs shall file their Renewed Motion to
Amend Discovery Order No. 88 within twenty−one (21) days after the final
Report and Recommendation is entered by the Privilege Master, but in no
event, the renewed motion is due no later than September 28, 2018. Signed
by Magistrate Judge T Michael Putnam on 7/19/2018. (KAM) (Entered:
07/19/2018)
07/23/2018
2242
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from June 1, 2018 through June 30,
2018 in this matter relating solely to services provided to the Plaintiffs, and
totaling $63,000.00. Signed by Judge R David Proctor on 7/23/2018. (KAM)
(Entered: 07/23/2018)
07/23/2018
2243
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from June 1, 2018
through June 30, 2018 in this matter as it relates to services rendered for both
sides of the case, and totaling $3,500.00. Signed by Judge R David Proctor
on 7/23/2018. (KAM) (Entered: 07/23/2018)
07/23/2018
2244
RESPONSE to re 2240 Plaintiffs' Objection to Special Master Report 2235
filed by Blue Cross of Idaho Health Service Incorporated. (Sooy, Kathleen)
(Entered: 07/23/2018)
325
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 325 of 509
07/23/2018
2245
RESPONSE to re 2240 Cambia Health Solutions's Response to Plaintiffs'
Objections to Special Master's Report & Recommendation on Cambia's
Privilege Log Samples filed by Defendants' Counsel. (Cohen, Lucile)
(Entered: 07/23/2018)
07/24/2018
2246
MOTION for Extension of Time to File Response/Reply as to 2120
MOTION for Partial Summary Judgment Against Certain Defendants That
Were Not Signatories to Settlement Agreements in Love v. Blue Cross and
Blue Shield Association (Provider Plaintiffs) Unopposed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 07/24/2018)
07/24/2018
2247
ORDER REGARDING CAMBIA HEALTH SOLUTIONSS SAMPLE
DOCUMENTS − Cambria has responded to Plaintiffs Objection by agreeing
to produce the one document at issue 2245 ; therefore, that portion of
Plainitffs' Objection 2240 directed to Cambia's privilege sample is MOOT.
Signed by Judge R David Proctor on 7/24/2018. (KAM) (Entered:
07/24/2018)
07/24/2018
2248
ORDER REGARDING BLUE CROSS OF IDAHO HEALTH SERVICE,
INC.S SAMPLE DOCUMENTS − Idaho has responded to Plaintiffs
Objection by agreeing to produce the one document at issue. 2244 .
Therefore, that portion of Plaintiffs Objection 2240 directed to Idahos
privilege sample is MOOT. Remaining at issue is one document:
BC−IDAHO_MDL000675943. 2239 ; Document
BC−IDAHO_MDL000675943 −Objection sustained. Ruling: Privilege claim
upheld as to the entire last paragraph. Signed by Judge R David Proctor on
7/24/2018. (KAM) (Entered: 07/24/2018)
07/24/2018
2249
TEXT ORDER This matter is before the court on Provider Plaintiffs'
Unopposed Motion for Extension of Time to File Reply to Motion for Partial
Summary Judgment. 2246 The Motion 2246 is GRANTED. Plaintiffs'
SHALL file any Reply in Support of their Motion for Partial Summary
Judgment on or before August 6, 2018.Signed by Judge R David Proctor on
7/24/2018. (KAM) (Entered: 07/24/2018)
07/25/2018
2250
FOURTH AMENDMENT TO DISCOVERY ORDER No. 76. Signed by
Magistrate Judge T Michael Putnam on 7/25/2018. (KAM) (Entered:
07/25/2018)
07/25/2018
2251
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF ARIZONA. (Harwood, R) (Entered:
07/25/2018)
07/27/2018
2252
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
INDEPENDENCE HOSPITAL INDEMNITY PLAN. (Harwood, R)
(Additional attachment(s) added on 7/27/2018: # 1 Exhibit Unredacted R&R)
(PSM, ). (Entered: 07/27/2018)
07/30/2018
2253
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS BLUE SHIELD OF NORTH CAROLINA. (Harwood, R)
(Additional attachment(s) added on 7/30/2018: # 1 unredacted R&R) (KAM,
). (Entered: 07/30/2018)
326
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 326 of 509
08/01/2018
2254
***Document Sealed *** BCBS OF ARIZONA'S OBJECTION TO
SPECIAL MASTER REPORT AND RECOMMENDATION 2251
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (KAM) (Entered:
08/01/2018)
08/01/2018
2255
***Document Sealed*** SUBCRIBER AND PROVIDER PLAIRNIFFS'
OBJECTION TO SPECIAL MASTER'S REPORT AND
RECOMMENDATIONON BLUE CROSS BLUE SHIELD OF ARIZONA
PRIVILGE LOG SAMPLES (Attachments: # 1 Exhibit A) (KAM) (Entered:
08/01/2018)
08/01/2018
2256
RESPONSE to re 2251 Plaintiffs' Objections to Special Master's Report and
Recommendation on Blue Cross Blue Shield of Arizona Privilege Log
Samples filed by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit
A)(Ragsdale, Barry) (Entered: 08/01/2018)
08/03/2018
2257
RESPONSE to re 2252 Plaintiffs' Objections to Special Master's Report and
Recommendation on Independence Blue Cross Privilege Log Samples filed
by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Ragsdale, Barry)
(Entered: 08/03/2018)
08/03/2018
2258
***Document Sealed*** SUBCRIBER AND PROVIDER PLAINTIFFS'
OBJECTIONS TO SPECIAL MASTER'S REPORT AND
RECOMMENDATION ON INDEPENDENCE BLUE CROSS PRIVILEGE
LOG SAMPLES 2252 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D−1, # 5 Exhibit D−2, # 6 Exhibit D−3, # 7 Exhibit
E−1, # 8 Exhibit E−2, # 9 Exhibit F) (KAM) (Entered: 08/03/2018)
08/06/2018
2259
RESPONSE to re 2256 Plaintiffs' Objection to Special Master's Report and
Recommendation filed by Blue Cross Blue Shield of Arizona. (Sooy,
Kathleen) (Entered: 08/06/2018)
08/06/2018
2260
***Document Sealed*** BLUE CROSS BLUE SHIELD OF NORTH
CAROLINA'S OBJECTION TO JULY 30, 2018 REPORT &
RECOMMENDATION OF SPECIAL MASTER (KAM) (Entered:
08/06/2018)
08/06/2018
2261
***Document Sealed*** INDEPENDENCE HOSPITIAL INDEMNITY
PLAN'S RESPONSE TO PLAINTIFFS' OBJECTIONS TO JULY 27,2018
REPORT & RECOMMENDATION OF THE SPECIAL MASTER (KAM)
(Entered: 08/06/2018)
08/06/2018
2262
RESPONSE to Plaintiffs' Objections to July 27, 2018 Report &
Recommendation of the Special Master re Independence Blue Cross filed by
Defendants' Counsel. (Rowe, Stephen) (Entered: 08/06/2018)
08/06/2018
2263
RESPONSE to re 2254 Plaintiffs' Response To BCBS−AZ Objections To
Special Masters Report And Recommendation On The Privilege Log Of
BCBS−AZ filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
08/06/2018)
08/06/2018
2264
REPLY to Response to Motion re 2120 MOTION for Partial Summary
Judgment Against Certain Defendants That Were Not Signatories to
Settlement Agreements in Love v. Blue Cross and Blue Shield Association
327
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 327 of 509
(Provider Plaintiffs) filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered:
08/06/2018)
08/06/2018
2265
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2223 Opposition
(other) of Excellus, Inc. to Provider Plaintiffs' Motion for Partial Summary
Judgment Against Certain Defendants That Were Not Signatories to
Settlement Agreements in Love v. Blue Cross and Blue Shield Association
filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Declaration of
Edith M. Kallas, # 2 Exhibit 1 to Declaration, # 3 Exhibit 2 to Declaration, #
4 Exhibit 3 to Declaration, # 5 Exhibit 4 to Declaration, # 6 Exhibit 5 to
Declaration)(Whatley, Joe) (Entered: 08/06/2018)
08/10/2018
2266
MOTION to Withdraw as Attorney by USAble Mutual Insurance Company
d/b/a Arkansas Blue Cross and Blue Shield. (Benny, Erik) (Entered:
08/10/2018)
08/13/2018
2267
ORDER REGARDING BLUE CROSS BLUE SHIELD OF NORTH
CAROLINAS SAMPLE DOCUMENTSDocument BCBSNC−00324425 −
Objection sustained. Ruling: Privilege claim upheld. Signed by Judge R
David Proctor on 8/13/2018. (KAM) (Entered: 08/13/2018)
08/13/2018
2268
MOTION for Leave to File Surreply in Opposition to Providers' Motion for
Partial Summary Judgement by Defendants' Counsel. (Sooy, Kathleen)
(Entered: 08/13/2018)
08/14/2018
2269
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.. (Harwood, R)
(Additional attachment(s) added on 8/14/2018: # 1 Exhibit Unredacted R&R)
(PSM, ). (Entered: 08/14/2018)
08/14/2018
2270
TEXT ORDER−This matter is before the court on the Non−Settling
Defendants' Motion for Leave to File Surreply in Opposition to Providers'
Motion for Partial Summary Judgment. 2268 The Motion 2268 is
GRANTED. The Non−Settling Defendants may file a surreply, limited to
fifteen pages, on or before September 5, 2018. Providers may file a final
brief, similarly limited to fifteen pages, on or before September 26,
2018.Signed by Judge R David Proctor on 8/14/2018. (KAM) (Entered:
08/14/2018)
08/14/2018
2271
TEXT ORDER This case is before the court on attorney Erik F. Benny's
Motion to Withdraw. Benny's Motion to Withdraw is GRANTED. The Clerk
of Court is DIRECTED to terminate attorney Benny. Signed by Judge R
David Proctor on 8/14/2018. (KAM) (Entered: 08/14/2018)
08/14/2018
2272
ORDER REGARDING INDEPENDENCE BLUE CROSSS SAMPLE
DOCUMENTS −IBC has responded to Plaintiffs Objection. (Doc. # 2261).
In its response, IBC agrees to produce four of the nine documents at issue in
Plaintiffs Objection. (Doc. # 22261 at 8). Therefore, Plaintiffs Objections
relating to documents IBC−PL−0029140, IBC−PL−0029347,
IBC−PL−0007327, and IBC−PL−0018450 are MOOT. (Doc. # 22261 at 8);
Documents IBC−PL−0029240 and IBC−PL−0029248 are overlapping
documents − Objection overruled. Ruling: Privilege claim upheld as to the
third and fourth sequential e−mails in the string; Document
IBC−PL−0018766 − Objection sustained in part and overruled in part.
328
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 328 of 509
Ruling: Privilege claim upheld only as to proposed redactions noted above;
Document IBC−PL−0020581 −Objection overruled. Ruling: Privilege claim
upheld Objection overruled. Ruling: Privilege claim upheld; Document
IBC−PL−0022390 −. Signed by Judge R David Proctor on 8/14/2018.
(KAM) (Entered: 08/14/2018)
08/14/2018
2273
ORDER REGARDING BLUE CROSS BLUE SHIELD OF ARIZONAS
SAMPLE DOCUMENTS − BCBS−AZ has responded toPlaintiffs Objection
by agreeing to produce the one document at issue. (Doc. # 2259).
Therefore,Plaintiffs Objection to Arizona privilege sample (Doc. # 2255) is
MOOT; Document AZ−PL00006510 − Objection overruled. Ruling:
Privilege claim not substantiated; Document AZ−PL00001279 − Objection
overruled. Ruling: Privilege claim not substantiated; Document
AZ−PL00001622 − Objection sustained. Ruling: Privilege claim upheld as to
the third e−mail in the string. Signed by Judge R David Proctor on 8/14/2018.
(KAM) (Entered: 08/14/2018)
08/14/2018
2274
Supplemental MOTION to Strike New Arguments in Providers' Reply in
Further Support of their Motion for Partial Summary Judgment and
Alternatively for Leave to File Sur−Reply by Excellus Health Plan, Inc. d/b/a
Excellus BlueCrossBlueShield. (Bloomberg, Edward) (Entered: 08/14/2018)
08/16/2018
2275
RESPONSE in Opposition re 2274 Supplemental MOTION to Strike New
Arguments in Providers' Reply in Further Support of their Motion for Partial
Summary Judgment and Alternatively for Leave to File Sur−Reply filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 08/16/2018)
08/17/2018
2276
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on August 30, 2018 by Special Master. filed by Special Master
(Gentle, Edgar) (Entered: 08/17/2018)
08/21/2018
2277
***Document Sealed** Response of BCBS of Kansas to Special Master
Report and Recommendation (Attachments: # 1 Exhibit A, # 2 Exhibit B)
(KAM) (Entered: 08/21/2018)
08/21/2018
2278
***Document Sealed** SUBCRIBER AND PROVIDER PLAINTIFFS'
OBJECTIONS to Special Master's Report and Recommendation on BCBS of
Kansas Privilege Log Samples (KAM) (Entered: 08/21/2018)
08/21/2018
2279
RESPONSE to re 2269 Plaintiffs' Objections to Special Master's Report and
Recommendation on Blue Cross Blue Shield of Kansas Privilege Log
Samples filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
08/21/2018)
08/22/2018
2280
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2018 through July 31,
2018 in this matter relating solely to services provided to the Plaintiffs, and
totaling $50,000.00. Signed by Judge R David Proctor on 8/22/2018. (KAM)
(Entered: 08/22/2018)
08/22/2018
2281
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2018 through July 31,
2018 in this matter as it relates to services rendered for both sides of the case,
and totaling $3,000.00. Signed by Judge R David Proctor on 8/22/2018.
(KAM) (Entered: 08/22/2018)
329
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 329 of 509
08/24/2018
2282
ORDER − 1. Third Party Provider Cahaba Medical Cares Motion to Maintain
Seal on Defendant Blue Cross Blue Shield of Michigans Motion to Compel
the Production of Documents and Accompanying Exhibits (Doc. # 1770) is
GRANTED IN PART. Document # 1733, and its exhibits, documents #
1733−1, 1733−2, and 1733−3 SHALL remain UNDER SEAL. 2. The Motion
of Non−Party Health Care Authority of the City of Huntsville to Maintain
Seal, and for Other Relief (Doc. # 1777) is GRANTED IN PART. Document
# 1747, and its exhibits, documents # 1747−1, 1747−2, 1747−3, 1747−4,
1747−5, 1747−6, and 1747−7 SHALL remain UNDER SEAL. 3. Third Party
Provider Cahaba Medical Cares Motion to Maintain Seal on Defendant Blue
Cross Blue Shield of Michigans Reply in Support of Motion to Compel the
Production of Documents and Accompanying Exhibits (Doc. # 1827) is
GRANTED. Document #1804 SHALL remain UNDER SEAL. Signed by
Judge R David Proctor on 8/24/2018. (KEK) (Entered: 08/24/2018)
08/24/2018
2283
ORDER − Therefore, Excelluss Supplemental Motion to Strike or
Alternatively, for Leave to File Sur−Reply (Doc. # 2274) is GRANTED IN
PART AND DENIED IN PART. That portion of Providers Reply directed to
the MSSNY agreements, rather than the Love agreements, is stricken. No
surreplies other than those already allowed will be considered by the court.
Signed by Judge R David Proctor on 8/24/2018. (KEK) (Entered:
08/24/2018)
08/24/2018
2285
***Document Sealed***DEFENDANT BCBS of Kansas RESPONSE to
plaintiffs' objections to Special Master Report (Attachments: # 1 Exhibit A, #
2 Exhibit B) (KAM) (Entered: 08/28/2018)
08/27/2018
2284
STATUS REPORT JOINT STATUS REPORT for August 30, 2018 Discovery
Conference by Defendants' Counsel. filed by Defendants' Counsel (Hoover,
Craig) (Entered: 08/27/2018)
08/30/2018
2286
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF KANSAS CITY. (Harwood, R)
(Additional attachment(s) added on 8/30/2018: # 1 Exhibit Unredacted R&R)
(PSM, ). (Entered: 08/30/2018)
08/30/2018
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 8/30/2018. (Court Reporter Leah Turner.) (KLL)
(Entered: 08/30/2018)
08/30/2018
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 8/30/2018. (Court Reporter
Sabrina Lewis) (ASL) (Entered: 08/30/2018)
08/30/2018
2287
ORDER− A Status Conference is SET for 10/25/2018 01:00 PM at the Hugo
L Black Courthouse before Magistrate Judge T Michael Putnam; The parties
are DIRECTED to submit a joint status report by October 22, 2018; If the
parties cannot come to an agreement sufficient to permit a joint status report,
the parties are DIRECTED to submit separate status reports by October 22,
2018; Further instructions within. Signed by Magistrate Judge T Michael
Putnam on 8/30/18. (MRR, ) (Entered: 08/30/2018)
09/04/2018
2288
ORDER REGARDING BLUE CROSS BLUE SHIELD OF KANSASS
SAMPLE DOCUMENTS :Document KS−PL00003744 − Objection
330
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 330 of 509
sustained. Ruling: Privilege claim upheld as to the first e−mail in the chain;
Document KS−PL00013163 − Objection overruled. Ruling: Privilege claim
upheld as to the second and third chronological e−mails in the chain;
Document KS−HC−PL00000221 − Objection overruled. Ruling: Privilege
claim upheld; Document KS−HC−PL00000010 − Objection overruled.
Ruling: Privilege claim upheld; Document KS−HC−PL00000166 −
Objection overruled. Ruling: Privilege claim upheld. Signed by Judge R
David Proctor on 9/4/2018. (KAM) (Entered: 09/04/2018)
09/05/2018
2289
ORDER on or before September 21, 2018, counsel for Defendants SHALL
make sure that at least one attorney of record has appeared for each defendant
in each underlying case to which the defendant is a party. On or before
September 24, 2018, with local facilitating counsel for Defendants SHALL
file a status report indicating that all such appearances have been made.
Signed by Judge R David Proctor on 9/5/2018. (KAM) (Entered: 09/05/2018)
09/05/2018
2290
RESPONSE in Opposition re 2120 MOTION for Partial Summary Judgment
Against Certain Defendants That Were Not Signatories to Settlement
Agreements in Love v. Blue Cross and Blue Shield Association (Provider
Plaintiffs) filed by Defendants' Counsel. (Sooy, Kathleen) (Entered:
09/05/2018)
09/07/2018
2291
Transcript of Proceedings held on 8/30/2018, before Judge T. Michael
Putnam. Court Reporter/Transcriber Sabrina Lewis. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 9/28/2018. Redacted Transcript Deadline set for 10/8/2018.
Release of Transcript Restriction set for 12/6/2018. (KEK) Correcting date of
hearing Modified on 10/15/2018 (KAM, ). (Entered: 09/07/2018)
09/11/2018
2292
STATUS REPORT on Special Master De−Designation by Plaintiffs' Liaison
Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered:
09/11/2018)
09/12/2018
2293
NOTICE of Appearance by Helen E Witt on behalf of Blue Shield of
California, Caring for Montanans, Inc. f/k/a Blue Cross and Blue Shield of
Montana, Inc., Health Care Service Corporation, Highmark BCBSD Inc.,
Highmark Inc., Highmark West Virginia Inc., Hospital Service Association
of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern Pennsylvania
(Witt, Helen) (Entered: 09/12/2018)
09/13/2018
2294
RESPONSE to re 2292 Defendants' Response to Plaintiffs' Status Report on
Special Master De−Designation filed by Defendants' Counsel. (Attachments:
# 1 Exhibit Exhibit 1)(Hoover, Craig) (Entered: 09/13/2018)
09/14/2018
2295
NOTICE of Appearance by Charles L Sweeris on behalf of California
Physicians Service d/b/a Blue Shield of California (Sweeris, Charles)
331
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 331 of 509
(Entered: 09/14/2018)
09/14/2018
2296
DISCOVERY ORDER No. 90; The motion for sanctions (Doc. 2072 and
Sealed Doc. 2074) are DENIED as set out herein. Signed by Magistrate
Judge T Michael Putnam on 9/14/2018. (JLC) (Entered: 09/14/2018)
09/20/2018
2297
MOTION to Withdraw as Attorney by USAble Mutual Insurance Company
d/b/a Arkansas Blue Cross and Blue Shield. (Kapatkin, Brian) (Entered:
09/20/2018)
09/20/2018
2298
TEXT ORDER This matter is before the court on attorney Brian J.
Kapatkin's Motion to Withdraw 2297 . The Motion 2297 is GRANTED. The
Clerk of Court is DIRECTED to terminate Attorney Kapatkin. Signed by
Judge R David Proctor on 9/20/2018. (KAM) (Entered: 09/20/2018)
09/21/2018
2299
NOTICE of Appearance by Andrew Phillip Campbell on behalf of Blue
Cross Blue Shield Michigan (Campbell, Andrew) (Entered: 09/21/2018)
09/24/2018
2300
STATUS REPORT by Defendants' Counsel. filed by Defendants' Counsel
(Hogewood, Mark) (Entered: 09/24/2018)
09/25/2018
2301
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from August 1, 2018 through
August 31, 2018 in this matter as it relates to services rendered for both sides
of the case, and totaling $6,000.00. Signed by Judge R David Proctor on
9/25/2018. (KAM) (Entered: 09/25/2018)
09/25/2018
2302
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from August 1, 2018
through August 31, 2018 in this matter relating solely to services provided to
the Plaintiffs, and totaling $49,000.00. Signed by Judge R David Proctor on
9/25/2018. (KAM) (Entered: 09/25/2018)
09/26/2018
2303
MOTION to Withdraw as Attorney Christopher A. Shapley by Blue Cross
Blue Shield Antitrust Litigation MDL 2406. (McDowell, M) (Entered:
09/26/2018)
09/26/2018
2304
TEXT ORDER This matter is before the court on attorney Christopher A.
Shapley's Motion for Withdrawal of Counsel. The Motion is GRANTED.
The Clerk of the Court is directed to terminate attorney Shapley. Signed by
Judge R David Proctor on 9/26/2018. (KAM) (Entered: 09/26/2018)
09/26/2018
2305
Transcript of Proceedings held on 8/30/2018, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/17/2018. Redacted Transcript Deadline set for 10/27/2018.
Release of Transcript Restriction set for 12/25/2018. (KAM) (Entered:
332
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 332 of 509
09/26/2018)
09/26/2018
2306
REPLY to re 2120 Surreply in Support of Provider Plaintiffs' Motion for
Partial Summary Judgment Against Certain Defendants That Were Not
Signatories to Settlement Agreements in Love v. Blue Cross and Blue Shield
Association filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 09/26/2018)
09/28/2018
2307
MOTION for Extension of Time to File Renewed Motion to Amend
Discovery Order No. 88 by Plaintiffs' Liaison Counsel. (Ragsdale, Barry)
(Entered: 09/28/2018)
10/01/2018
2308
TEXT ORDER re 2307 Motion for Extension of Time. BCBS Alabama has
notified the court that they will respond to the motion today. Any response to
the motion is due no later than 5:00 PM on October 1, 2018. Signed by
Magistrate Judge T Michael Putnam on October 1, 2018. (TNC) (Entered:
10/01/2018)
10/01/2018
2309
Opposition to Plaintiffs' September 28, 2018 Motion for Extension of Time
filed by Blue Cross and Blue Shield of Alabama. (Burkhalter, Carl) (Entered:
10/01/2018)
10/04/2018
2310
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF KANSAS CITY. (Harwood, R)
(Additional attachment(s) added on 10/4/2018: # 1 Exhibit Unredacted R&R)
(PSM, ). (Entered: 10/04/2018)
10/05/2018
2311
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
BLUE CROSS AND BLUE SHIELD OF NEBRASKA. (Harwood, R)
(Additional attachment(s) added on 10/5/2018: # 1 Exhibit Unredacted R&R)
(PSM, ). (Entered: 10/05/2018)
10/05/2018
2312
Brief FIRST PARTIAL REPORT & RECOMMENDATION OF SPECIAL
PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM
DEFENDANT FIRSTCARE. (Harwood, R) (Additional attachment(s) added
on 10/5/2018: # 1 Exhibit Unredacted R&R) (PSM, ). (Entered: 10/05/2018)
10/05/2018
2313
Brief FINAL PARTIAL REPORT & RECOMMENDATION OF SPECIAL
PRIVILEGE MASTER REGARDING SAMPLE DOCUMENTS FROM
DEFENDANT CAREFIRST. (Harwood, R) (Entered: 10/05/2018)
10/11/2018
2314
***Document Sealed*** Subscriber and Provider Plaintiffs' OBJECTIONS
TO SPECIAL MASTER'SREPORT AND RECOMMENDATION ON
BCBS−KCPRIVILEGE LOG SAMPLES (Attachments: # 1 Exhibit 1)
(KAM) (Entered: 10/11/2018)
10/11/2018
2315
RESPONSE to re 2310 Plaintiffs' Objections to Special Master's Report &
Recommendation on BCBS−KC Privilege Log Samples filed by Plaintiffs'
Liaison Counsel. (Attachments: # 1 Exhibit 1)(Ragsdale, Barry) (Entered:
10/11/2018)
10/11/2018
2316
***Document Sealed*** BLUE CROSS AND BLUE SHIELD OF
KANSAS CITY'S OBJECTION TO SPECIAL MASTER REPORT AND
RECOMMENDATION (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3
Exhibit C, # 4 Exhibit D) (KAM) (Entered: 10/11/2018)
333
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 333 of 509
10/11/2018
2317
ORDER This case is set for a status conference with the Special Master on
October 29, 2018 at a mutually convenient time and place. Agenda items will
include: (i) case planning based on whether the Interlocutory Appeal is
accepted by the Eleventh Circuit; (ii) collaboration in resolving any
remaining Privilege Log (documents) issues; and (iii) if, when, and how
discovery may be supplemented. If the parties wish to address additional
items, they shall inform the Special Master within a week prior to the status
conference. Signed by Judge R David Proctor on 10/11/2018. (KAM)
(Entered: 10/11/2018)
10/12/2018
2318
***Document Sealed*** BLUE CROSS AND BLUE SHIELD OF
NEBRASKA'S OBJECTION TO SPECIAL MASTER REPORT AND
RECOMMENDATION 2311 (Attachments: # 1 Exhibit A, # 2 Exhibit B)
(KAM) (Entered: 10/12/2018)
10/12/2018
2319
***Document Sealed*** CAREFIRST DEFENDANTS' OBJECTION TO
SPECIALMASTER REPORT AND RECOMMENDATION (KAM)
(Entered: 10/12/2018)
10/15/2018
2320
RESPONSE to re 2318 Plaintiffs' Response To BCBS−NE Objections To
Special Master's Report And Recommendation On The Privilege Log Of
BCBS−NE filed by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
10/15/2018)
10/15/2018
2321
***Document Sealed*** RESPONSE OF BLUE CROSS AND BLUE
SIDELD OF KANSAS CITYTO PLAINTIFFS' OBJECTIONS TO
SPECIAL MASTER REPORT (Attachments: # 1 Exhibit A, # 2 Exhibit B, #
3 Exhibit C) (KAM) (Entered: 10/15/2018)
10/15/2018
2322
AMENDED 2291 reflecting page numbers; Transcript of Proceedings held
on 8/30/2018, before Judge T. Michael Putnam. Court Reporter/Transcriber
Sabrina Lewis. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/5/2018. Redacted Transcript Deadline set for 11/15/2018.
Release of Transcript Restriction set for 1/13/2019. (KAM, ) (Entered:
10/15/2018)
10/16/2018
2323
ORDER Per the request of the parties, a hearing on Documents 2036 and
2038 is set for November 15, 2018, at 1:00 P.M. in Courtroom 3B of the
Hugo L. Black US Courthouse, Birmingham, Alabama. Court reporter to be
present. Plaintiffs supporting briefs are due no later than October 29, 2018, at
3:00 P.M. BCBS−ALs responsive brief is due no later than November 13,
2018 at 3:00 P.M.; The Discovery Conference previously set by Document
2287 for October 25, 2018, at 1:00 P.M. in Courtroom 3B of the Hugo L.
Black US Courthouse, Birmingham, Alabama, is CANCELLED. Signed by
Magistrate Judge T Michael Putnam on 10/16/2018. (KAM) (Entered:
334
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 334 of 509
10/16/2018)
10/17/2018
2324
MEMORANDUM OPINION AND ORDER denying 2120 Motion for Partial
Summary Judgment against Certain Defendants That Were Not Signatories to
Settlement Agreements in Love v. Blue Cross and Blue Shield Association;
Costs related to the current Motion are taxed against Provider Plaintiffs.
Signed by Judge R David Proctor on 10/17/2018. (KAM) (Entered:
10/17/2018)
10/17/2018
2325
ORDER REGARDING BLUE CROSS BLUE SHIELD OF NEBRASKAS
SAMPLE DOCUMENTS 2318 ; Document NE−PL000000665 − Objection
overruled. Ruling: Privilege claim as to the third e−mail in the chain dated
May 29, 2008, is not substantiated. Signed by Judge R David Proctor on
10/17/2018. (KAM) (Entered: 10/17/2018)
10/17/2018
2326
***Document Sealed*** SUPPLEMENT TO OBJECTION OF
CAREFIRST DEFENDANTS TO SPECIAL MASTER REPORT AND
RECOMMENDATION First Partial Report & Recommendation [ECF No.
2312] (Report 1), and the Second PartialReport & Recommendation [ECF.
No. 2313] (Report 2). (KAM) (Entered: 10/17/2018)
10/19/2018
2327
ORDER REGARDING BLUE CROSS BLUE SHIELD OF KANSAS
CITY'S SAMPLE DOCUMENTS. Signed by Judge R David Proctor on
10/19/2018. (JLC) (Entered: 10/19/2018)
10/24/2018
2328
DISCOVERY ORDER No. 91. Signed by Magistrate Judge T Michael
Putnam on 10/24/2018. (KAM) (Entered: 10/24/2018)
10/24/2018
2329
Consent MOTION to Continue Motion to Compel Deadline as to Certain
Defendants by Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered:
10/24/2018)
10/25/2018
2330
ORDER REGARDING BLUE CROSS BLUE SHIELD OF CAREFIRSTS
SAMPLE DOCUMENTS 2319 ; Document CareFirst
INCAMERA−00000651 − Objection sustained. Ruling: privilege claim
upheld; Document CareFirst INCAMERA−00000799 − Objection sustained.
Ruling: privilege claim upheld; Document CareFirst INCAMERA−00000811
− Objection sustained. Ruling: Privilege claim upheld; Document CareFirst
INCAMERA−00001068 − Objection sustained. Ruling: Privilege claim
upheld. Signed by Judge R David Proctor on 10/25/2018. (KAM) (Entered:
10/25/2018)
10/25/2018
2331
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2018 through
September 30, 2018 in this matter relating solely to services provided to the
Plaintiffs, and totaling $63,000.00. Signed by Judge R David Proctor on
10/25/2018. (KAM) (Entered: 10/25/2018)
10/26/2018
2332
SEALED MOTION **Subscriber and Provider Plaintiffs' MOTION TO
COMPEL production of documents from certain Defendants' privilege logs.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit)(KAM) Modified on
10/29/2018 (KAM, ). (Entered: 10/26/2018)
10/26/2018
2333
335
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 335 of 509
MOTION to Compel Production of Documents From Certain Defendants'
Privilege Logs by Plaintiffs' Liaison Counsel. (Attachments: # 1 Exhibit 1, #
2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit R, BB, and NN)(Ragsdale, Barry) (Entered:
10/26/2018)
10/26/2018
2334
TEXT ORDER; This matter is before the court on the parties' Consent
Motion to Continue Motion to Compel Deadline as to Certain Defendants.
2329 The Motion 2329 is GRANTED. The Fourth Amendment to Discovery
Order No. 76 2250 is AMENDED as follows: (d) For all remaining disputes,
Plaintiffs will file any motions to compel on or before December 7, 2018.
Signed by Judge R David Proctor on 10/26/2018. (JLC) (Entered:
10/26/2018)
10/29/2018
2335
STATUS REPORT Regarding the Reopened Depositions of Terry Kellogg
and Robin Stone (Plaintiffs) by Plaintiffs' Counsel. filed by Plaintiffs'
Counsel (Whatley, Joe) (Entered: 10/29/2018)
11/02/2018
2336
***Document Sealed*** RESPONSE OF CAPITAL BLUECROSS TO
PLAINTIFFS MOTIONTO COMPEL PRODUCTION OF
DOCUMENTSFROM CERTAIN DEFENDANTS PRIVILEGE LOGS
(KAM) (Entered: 11/02/2018)
11/02/2018
2337
***Document Sealed − RESPONSE of Defendant Independence to Plaintiff's
Motion to Compel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C, # 4 Exhibit D) (KEK) (Entered: 11/02/2018)
11/05/2018
2338
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBS−VTS PRIVILEGE LOG
− Document BCBSVT−00168592 − Ruling: Privilege claim unsubstantiated;
Documents BCBSVT−00163742, BCBSVT−00183776, and
BCBSVT−00183777 − Ruling: Privilege claim unsubstantiated. Signed by
Judge R David Proctor on 11/5/2018. (KAM) (Entered: 11/05/2018)
11/05/2018
2339
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBSAS PRIVILEGE LOG −
Document BCBSA 24164 − Ruling: Privilege claim unsubstantiated;
Document BCBSA 28662 − Ruling: Privilege claim upheld. Signed by Judge
R David Proctor on 11/5/2018. (KAM) (Entered: 11/05/2018)
11/07/2018
2340
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBS−NC'S PRIVILEGE LOG.
Signed by Judge R David Proctor on 11/7/2018. (JLC) (Entered: 11/07/2018)
11/08/2018
2341
ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBS−KS'S PRIVILEGE LOG.
Signed by Judge R David Proctor on 11/8/2018. (JLC) (Entered: 11/08/2018)
11/09/2018
2342
TEXT ORDER. With the filing of Plaintiffs' Status Report 2335 on October
29, 2018, the Hearing before Judge Putnam scheduled for November 15,
2018, is CANCELLED. Signed by Magistrate Judge T Michael Putnam on
November 9, 2018. (TNC) (Entered: 11/09/2018)
11/09/2018
2343
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBS−ALS PRIVILEGE LOG
336
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 336 of 509
2080 ; Documents 580403684 and 580403693 − Ruling: Privilege claim
upheld; Documents 14208469 and 38705472 − Ruling: Privilege claim
upheld; Documents 3903990 through 3903994 − Ruling: Privilege claim
upheld. Signed by Judge R David Proctor on 11/5/2018. (KAM) (Entered:
11/09/2018)
11/15/2018
2344
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM BCBS−KCS PRIVILEGE LOG
2164 ;Document KC−PL00008776 − Ruling: Privilege claim upheld in part
with respect to the second sentence in the second paragraph; privilege claim
unsubstantiated with respect to the remainder of the e−mail chain; Document
KC−PL00011443 − Ruling: Privilege claim upheld; Document
KC−PL00011813 − Ruling: Privilege claim unsubstantiated; Documents
KC−PL00015379 and KC−PL00015381 − Ruling: Privilege claim upheld.
Signed by Judge R David Proctor on 11/15/2018. (KAM) (Entered:
11/15/2018)
11/16/2018
2345
ORDER REGARDING PLAINTIFFS MOTION TO COMPEL
PRODUCTION OF DOCUMENTS FROM INDEPENDENCES
PRIVILEGE LOG 2333 − Document IBC−PL−006490 − Ruling: Privilege
claim upheld. Signed by Judge R David Proctor on 11/16/2018. (KAM)
(Entered: 11/16/2018)
11/26/2018
2346
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2018 through
October 31, 2018 in this matter relating solely to services provided to the
Plaintiffs, and totaling $55,500.00. Signed by Judge R David Proctor on
11/26/2018. (KAM) (Entered: 11/26/2018)
11/26/2018
2347
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2018 through
October 31, 2018 in this matter as it relates to services rendered for both
sides of the case, and totaling $12,000.00. Signed by Judge R David Proctor
on 11/26/2018. (KAM) (Entered: 11/26/2018)
11/29/2018
2348
NOTICE by Plaintiffs' Liaison Counsel re 2162 MOTION to Compel
Production of Documents From Certain Defendants' Privilege Logs
(Ragsdale, Barry) (Entered: 11/29/2018)
11/30/2018
2349
TEXT ORDER This matter is before the court on Plaintiffs' Notice
Regarding Motion to Compel Production of Documents from Certain
Defendants' Privilege Logs. 2348 Plaintiffs' Notice 2348 informs the court
that the remaining portions of the Motion to Compel 2162 which have not
previously been ruled on have been resolved. Therefore, the remaining
portions of Plaintiffs Motion to Compel 2162 are MOOT. Signed by Judge R
David Proctor on 11/30/2018. (KAM) (Entered: 11/30/2018)
12/17/2018
2350
ORDER Status Conference set for 1/15/2019 09:30 AM in Hugo L Black US
Courthouse, Birmingham, AL before Judge R David Proctor. The Special
Master will provide a call−in number for the conference. On or before
Wednesday, January 9, 2019, the parties SHALL submit a joint report
containing a proposed agenda of items the parties wish to be addressed
during the status conference.. Signed by Judge R David Proctor on
12/17/2018. (KAM) (Entered: 12/17/2018)
337
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 337 of 509
12/17/2018
2351
ORDER Status Conference set for 1/15/2019 01:00 PM before Magistrate
Judge T Michael Putnam. Any written submissions are governed by
subsection II.D.2 of Discovery Order No. 1, as amended. The Special Master
will provide a call−in number for the conference.The parties are DIRECTED
to submit a joint status report by January 9, 2019, that contains a proposed
agenda for the discovery conference. Signed by Magistrate Judge T Michael
Putnam on 12/17/2018. (KAM) (Entered: 12/17/2018)
01/02/2019
2352
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2018 through
November 30, 2018 in this matter relating solely to services provided to the
Plaintiffs, and totaling $48,000.00. Signed by Judge R David Proctor on
1/2/2019. (KAM) (Entered: 01/02/2019)
01/02/2019
2353
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2018 through
November 30, 2018 in this matter as it relates to services rendered for both
sides of the case, and totaling $9,000.00. Signed by Judge R David Proctor
on 1/2/2019. (KAM) (Entered: 01/02/2019)
01/04/2019
2354
Brief REPORT & RECOMMENDATION OF SPECIAL PRIVILEGE
MASTER REGARDING SAMPLE DOCUMENTS FROM DEFENDANT
CAPITAL BLUECROSS. (Harwood, R) (Entered: 01/04/2019)
01/07/2019
2355
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on January 15, 2019 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 01/07/2019)
01/07/2019
2356
STATUS REPORT Report Regarding Proposed Agenda for Discovery Status
Conference on January 15, 2019 at 1:00 p.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 01/07/2019)
01/10/2019
2357
ORDER terminating without prejudice 2080 Motion to compel in light of
Docs. 2339 , 2340 , 2354 and 2342 it appears the motion is substantially
resolved ; 2307 Motion for Extension of Time is presently somewhat MOOT;
once the privilege log issues are finally resolved, plaintiffs may have 30 days
to renew such a motion targeted at any unresolved issues; terminating
without prejudice 2333 Motion to Compel in light of Docs 2345 and 2354 ,
the motion appears to be substantially resolved. Signed by Judge R David
Proctor on 1/10/2019. (KAM) (Entered: 01/10/2019)
01/11/2019
2358
STIPULATION Regarding Briefing Schedule for Objections to Report and
Recommendation of Special Privilege Master Regarding Sample Documents
from Defendant Capital BlueCross by Plaintiffs' Liaison Counsel. filed by
Plaintiffs' Liaison Counsel (Ragsdale, Barry) (Entered: 01/11/2019)
01/11/2019
2359
***Document Sealed** OBJECTION of Capital BlueCross to 2354 Report
& Recommendation of Special Privilege Master (KAM) (Entered:
01/11/2019)
01/11/2019
2360
TEXT ORDER This matter is before the court on the parties' Joint
Stipulation Regarding Briefing Schedule for Objections. 2358 The court
adopts the Stipulation. Objections to the latest Report and Recommendation
2354 are due Friday, January 11, 2019. Unless otherwise agreed or ordered
by the court, responses to any such objections SHALL be filed on or before
338
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 338 of 509
January 18, 2019. Signed by Judge R David Proctor on 1/11/2019. (KAM)
(Entered: 01/11/2019)
01/11/2019
2361
RESPONSE to re 2354 Plaintiffs' Objections to Special Master's Report &
Recommendation on Capital BlueCross Privilege Log Samples filed by
Plaintiffs' Liaison Counsel. (Ragsdale, Barry) (Entered: 01/11/2019)
01/14/2019
2362
NOTICE by Plaintiffs' Counsel of Filing Plaintiffs' Joint Submission
Regarding Case Schedule (Whatley, Joe) (Entered: 01/14/2019)
01/14/2019
2363
STATUS REPORT regarding Case Schedule by Defendants' Counsel. filed
by Defendants' Counsel (Hoover, Craig) (Entered: 01/14/2019)
01/14/2019
2364
STATUS REPORT (Plaintiffs' Status Report on Privilege Sampling) by
Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale,
Barry) (Entered: 01/14/2019)
01/15/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 1/15/2019. (Court Reporter Leah Turner.) (KLL)
(Entered: 01/15/2019)
01/15/2019
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery Status Conference held on 1/15/2019. (Court Reporter
Leah Turner) (ASL) (Entered: 01/15/2019)
01/17/2019
2365
ORDER APPOINTING THE BLUES COUNCIIL OF TWELVE; Carl
Burkhalter, Evan Chesler, Karin DeMasi, Desmond Hogan, Mark Hogewood,
Craig Hoover, John M. Johnson, Daniel Laytin, Kathleen Sooy, Kimberly
West, Helen Witt and David Zott are appointed; the Counsel shall confer and
within 21 days, provide the court in camera a report recommending how they
propose to organize themselves and effectively lead in the defense of the
claims asserted in this MDL. Signed by Judge R David Proctor on 1/17/2019.
(KAM) (Entered: 01/17/2019)
01/17/2019
2366
STATUS REPORT Joint Status Report Regarding Proposed Second
Privilege Sampling by Defendants' Counsel. filed by Defendants' Counsel
(Attachments: # 1 Exhibit Exhibit A)(Hogan, E) (Entered: 01/17/2019)
01/17/2019
2367
NOTICE by Plaintiffs' Liaison Counsel re 2366 Status Report of Plaintiffs'
Proposed Order Regarding Additional Sampling of Privilege Logs (Ragsdale,
Barry) (Entered: 01/17/2019)
01/18/2019
2368
NOTICE by Defendants' Counsel re 2366 Status Report Defendants'
Proposed Order Regarding Second Privilege Sampling (Hogan, E) (Entered:
01/18/2019)
01/18/2019
2369
RESPONSE to Plaintiffs' Objections to Report & Recommendation of
Special Privilege Master by Capital BlueCross filed by Defendants' Counsel.
(Payne, Joshua) (Entered: 01/18/2019)
01/23/2019
2370
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from December 1, 2018 through
December 31, 2018 in this matter relating solely to services provided to the
Plaintiffs, and totaling $44,000.00. Signed by Judge R David Proctor on
1/23/2019. (KAM) (Entered: 01/23/2019)
339
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 339 of 509
01/23/2019
2371
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from December 1, 2018
through December 31, 2018 in this matter as it relates to services rendered for
both sides of the case, and totaling $8,000.00. Signed by Judge R David
Proctor on 1/23/2019. (KAM) (Entered: 01/23/2019)
01/24/2019
2372
Transcript of Proceedings held on 1/15/2019, before Judge T. Michael
Putnam. Court Reporter/Transcriber Leah S. Turner, Telephone number
205−278−1780. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/14/2019. Redacted Transcript Deadline set for 2/24/2019.
Release of Transcript Restriction set for 4/24/2019. (JLC) (Entered:
01/24/2019)
01/24/2019
2373
Transcript of Proceedings held on 1/15/2019, before Judge R. David Proctor.
Court Reporter/Transcriber Leah S. Turner. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/14/2019. Redacted Transcript Deadline set for 2/24/2019.
Release of Transcript Restriction set for 4/24/2019. (KAM, ) (Entered:
01/24/2019)
01/28/2019
2374
ORDER REFERRING ADDITIONAL SAMPLING ISSUES TO
PRIVILEGE MASTER; the court hereby REFERS the matter of additional
sampling to Justice Harwood. The parties are DIRECTED to meet and confer
with Justice Harwood and Special Master Ed Gentle to develop a method for
conducting the additional sampling in an efficient manner. Signed by Judge R
David Proctor on 1/28/2019. (KAM) (Entered: 01/28/2019)
01/28/2019
2375
ORDER REGARDING CAPITAL BLUECROSSS SAMPLE
DOCUMENTS − This matter is before the court on the Objections to the
Special Masters Report and Recommendation on Privilege Log Samples from
Capital BlueCross from Plaintiffs and from Capital; Capital has responded to
Plaintiffs Objection by agreeing to produce the one document at issue in their
objection, document CBC_PL_00003938; Therefore, Plaintiffs Objection
(Doc. # 2361) directed to Capitals privilege sample is MOOT; Document
CBC_PL_00040722 − Objection sustained. Ruling: privilege claim upheld as
to document CBC_PL_00040722. Signed by Judge R David Proctor on
340
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 340 of 509
1/28/2019. (KAM) (Entered: 01/28/2019)
02/11/2019
2376
NOTICE of Appearance by Winnifred Lewis on behalf of Blue Cross and
Blue Shield of Alabama (Lewis, Winnifred) (Entered: 02/11/2019)
02/12/2019
2377
STATUS REPORT on Defendants' Certified Privilege Logs by Plaintiffs'
Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale, Barry)
(Entered: 02/12/2019)
02/14/2019
2378
Joint MOTION to Set Schedule by Plaintiffs' Liaison Counsel. (Ragsdale,
Barry) (Entered: 02/14/2019)
02/14/2019
2379
STATUS REPORT regarding Case Schedule by Defendants' Counsel. filed
by Defendants' Counsel (Attachments: # 1 Exhibit 1, # 2 Proposed
Order)(Hoover, Craig) (Entered: 02/14/2019)
02/14/2019
2380
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Submission on Schedule
After Eleventh Circuit's Denial of the Defendants' 1292(b) Petition
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Whatley, Joe) (Entered: 02/14/2019)
02/14/2019
2381
Brief re 2378 Joint MOTION to Set Schedule Memorandum of Law in
Support on Behalf of Subscriber Plaintiffs. (Hellums, Christopher) (Entered:
02/14/2019)
02/21/2019
2382
MOTION to Intervene Verified Motion to Intervene for the Limited Purpose
of Seeking a Preliminary Injunction by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 02/21/2019)
02/21/2019
2383
MOTION for Preliminary Injunction Verified Motion for Preliminary
Injunction by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A−Part 1, # 2
Exhibit A−Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E,
# 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, #
12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N)(Whatley, Joe)
(Entered: 02/21/2019)
02/22/2019
2384
RESPONSE to Motion re 2378 Joint MOTION to Set Schedule filed by
Defendants' Counsel. (Attachments: # 1 Exhibit 1)(Hoover, Craig) (Entered:
02/22/2019)
02/22/2019
2385
RESPONSE to re 2379 Subscriber Plaintiffs' Response in Opposition to
Defendants' Status Report Regarding Case Schedule filed by Plaintiffs'
Liaison Counsel. (Hellums, Christopher) (Entered: 02/22/2019)
02/22/2019
2386
RESPONSE to re 2379 Provider Plaintiffs' Response to Defendants' Status
Report Regarding Case Schedule filed by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 02/22/2019)
02/25/2019
2387
NOTICE by Plaintiffs' Counsel re 2384 Response to Motion Notice of
Clarification (Whatley, Joe) (Entered: 02/25/2019)
02/27/2019
2388
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2019 through
January 31, 2019 in this matter relating solely to services provided to the
Plaintiffs, and totaling $47,000.00. Signed by Judge R David Proctor on
2/27/2019. (KAM) (Entered: 02/27/2019)
341
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 341 of 509
02/27/2019
2389
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2019 through
January 31, 2019 in this matter as it relates to services rendered for both sides
of the case, and totaling $13,000.00. Signed by Judge R David Proctor on
2/27/2019. (KAM) (Entered: 02/27/2019)
03/06/2019
2390
Brief REPORT & RECOMMENDATION OF PRIVILEGE MASTER FOR
SELECTION OF ADDITIONAL SAMPLES FOR REVIEW FROM THE
DEFENDANTS RESPECTIVE LOGS. (Harwood, R) (Entered: 03/06/2019)
03/06/2019
2391
Brief REPORT & RECOMMENDATION OF PRIVILEGE MASTER FOR
SELECTION OF ADDITIONAL SAMPLES FOR REVIEW FROM THE
DEFENDANTS RESPECTIVE LOGS (CORRECTED SO AS TO INCLUDE
EXHIBIT 1 THERETO, INADVERTENTLY OMITTED FROM THE INITIAL
FILING OF THIS DOCUMENT). (Harwood, R) (Entered: 03/06/2019)
03/08/2019
2392
FOURTH AMENDED SCHEDULING ORDER − Class Certification
Discovery: All reports from retained experts on class certification under
FRCP 26(a)(2) are: Due from Plaintiffs upon filing of any class certification
motion; Due from Defendants upon filing of any opposition to class
certification motion; Rebuttal due from Plaintiffs upon filing of any reply to
class certification motion; parties SHALL complete the depositions of any
expert on class certification issues within 30 days of receipt of the experts
report provided that any deposition regarding a rebuttal report SHALL be
taken within 14 days of service of the rebuttal report; Class Certification
Motions: Motions for class certification and materials in support SHALL be
filed on or before 4/15/2019; Opposition briefs SHALL be due on or before
7/15/2019; Reply briefs SHALL be due on or before August 30, 2019; Any
Daubert motions seeking to exclude any class certification expert witness
SHALL be filed within 75 days of disclosure of the experts report; Damages
and Merits Expert Reports and Discovery are: Due from Plaintiffs on or
before 5/15/2019; Due from Defendants on or before 7/30/2019; Rebuttals
due from Plaintiffs on or before 8/16/2019. Signed by Judge R David Proctor
on 3/8/2019. (KAM) (Entered: 03/08/2019)
03/08/2019
2393
TEXT ORDER This matter is before the Court on Plaintiffs' Joint Motion to
Set Schedule. 2378 In light of the Fourth Amended Scheduling Order 2392
the Joint Motion 2378 is MOOT. Signed by Judge R David Proctor on
3/8/2019. (KAM) (Entered: 03/08/2019)
03/11/2019
2394
ORDER REGARDING ADDITIONAL SAMPLING BY THE PRIVILEGE
MASTER. Signed by Judge R David Proctor on 3/11/2019. (KAM) (Entered:
03/11/2019)
03/15/2019
2395
Brief REPORT & RECOMMENDATION OF SEAL MASTER REGARDING
STANDARD OF REVIEW BRIEF EXHIBITS. (Harwood, R) (Entered:
03/15/2019)
03/19/2019
2396
NOTICE by Plaintiffs' Counsel Providers' First Notice from the Anthem v.
Cigna Delaware Trial (Whatley, Joe) (Entered: 03/19/2019)
03/21/2019
2397
TEXT ORDER This matter is before the court on an informal request to seal
Providers' First Notice from the Anthem v. Cigna Delaware Trial. 2396 This
limited issue is SET for a telephone conference at 1:00 p.m. on Monday,
March 25, 2019. Counsel who have been corresponding with the court on this
342
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 342 of 509
issue, and/or the parties' respective Seal Team members, are DIRECTED to
call 866−434−5269 to access the telephone conference. The access code is
6022965. Signed by Judge R David Proctor on 3/21/2019. (KAM) (Entered:
03/21/2019)
03/22/2019
2398
RESPONSE to re 2396 Anthem's Response to Provider Plaintiffs' First
Notice from the Anthem v. Cigna Trial filed by Anthem, Inc.. (Kimble,
Cavender) (Entered: 03/22/2019)
03/25/2019
2399
REPLY to re 2396 Provider Plaintiffs' Reply Regarding First Notice from the
Anthem v. Cigna Trial filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
A, # 2 Exhibit B)(Whatley, Joe) (Entered: 03/25/2019)
03/25/2019
2400
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from February 1, 2019
through February 28, 2019 in this matter relating solely to services provided
to the Plaintiffs, and totaling $54,000.00. Signed by Judge R David Proctor
on 3/25/2019. (KAM) (Entered: 03/25/2019)
03/25/2019
2401
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from February 1, 2019
through February 28, 2019 in this matter as it relates to services rendered for
both sides of the case, and totaling $5,500.00. Signed by Judge R David
Proctor on 3/25/2019. (KAM) (Entered: 03/25/2019)
03/29/2019
2402
Joint MOTION regarding Class Certification Briefing by Defendants'
Counsel. (Attachments: # 1 Text of Proposed Order)(Hoover, Craig)
(Entered: 03/29/2019)
04/01/2019
2403
ORDER before the court on the parties Joint Motion Regarding Class
Certification Briefing. (Doc. # 2402 ). In the Motion, the parties ask the court
to enter an order reflecting the parties agreed structure and page limits
applicable to class certification briefing. The Motion (Doc. # 2402) is
GRANTED; page limits applicable to class certification briefing filed
pursuant to the Fourth Amended Scheduling Order SHALL be as follows:a.
Provider and Subscriber Plaintiffs motions for class certification shall not
exceed 60 pages per track. Subscriber Plaintiffs may file separate motions to
certify under Rules 23(b)(2) and 23(b)(3), provided that the total number of
pages for both motions combined does not exceed 60 pages.b. Defendants
oppositions to Subscriber and Provider Plaintiffs motions for class
certification, respectively, shall not exceed 75 pages per track. Defendants
may file one opposition to both tracks. Defendants opposition(s) will not
exceed 150 pages total.c. Provider and Subscriber Plaintiffs replies in support
of their motions for class certification shall not exceed 40 pages per track.d.
All motions, oppositions, and replies filed pursuant to this order shall comply
with the formatting requirements of this Courts standard Initial Order,
including the requirement to use Times New Roman Font and 12−point type
(except footnotes may be in 10−point type).. Signed by Judge R David
Proctor on 4/1/2019. (KAM) (Entered: 04/01/2019)
04/05/2019
2404
ORDER Status Conference set for 5/23/2019 09:30 AM before Judge R
David Proctor.The Special Master will provide a call−in number for the
conference. On or before Monday, May 20, 2019, the parties SHALL submit
a joint report containing a proposed agenda of items the parties wish to be
343
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 343 of 509
addressed during the status conference. Signed by Judge R David Proctor on
4/5/2019. (KAM) (Entered: 04/05/2019)
04/08/2019
2405
ORDER REGARDING EXPERT REPORT SUMMARIES − Pursuant to the
Fourth Amended Scheduling Order (Doc. # 2392 ), the parties will soon be
filing expert reports together with briefing on class certification motions and
dispositive motions. Concurrently the filing of those expert reports, the
parties SHALL also file a separate executive summary of each such expert
report. The summaries should be designed to orient the court to contents of
the full reports. They SHALL be filed in a separate document and not exceed
ten (10) pages in length. Signed by Judge R David Proctor on 4/8/2019.
(KAM) (Entered: 04/08/2019)
04/09/2019
2406
Transcript of Proceedings held on 3/25/2019, before Judge R. David Proctor.
Court Reporter/Transcriber Janet Arledge. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 4/30/2019. Redacted Transcript Deadline set for 5/10/2019.
Release of Transcript Restriction set for 7/8/2019. (KAM, ) (Entered:
04/09/2019)
04/15/2019
2407
MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of
Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class
by Plaintiffs' Counsel. (Hellums, Christopher) (Additional attachment(s)
added on 4/15/2019: # 1 Unredacted Brief) (KAM, ). (Entered: 04/15/2019)
04/15/2019
2408
Brief re 2407 MOTION to Certify Class Subscriber Plaintiffs' Motion for
Certification of Nationwide Injunctive Class or, in the Alternative, Alabama
Injunctive Class − Memorandum of Law in Support. (Hellums, Christopher)
(Entered: 04/15/2019)
04/15/2019
2409
MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of
Alabama Damages Class by Plaintiffs' Counsel. (Hellums, Christopher)
(Entered: 04/15/2019)
04/15/2019
2410
Brief re 2409 MOTION to Certify Class Subscriber Plaintiffs' Motion for
Certification of Alabama Damages Class − Memorandum of Law in Support.
(Hellums, Christopher) (Additional attachment(s) added on 4/15/2019: # 1
Unredacted brief) (KAM, ). (Entered: 04/15/2019)
04/15/2019
2411
NOTICE by Plaintiffs' Counsel Subscriber Plaintiffs' Executive Summary of
Expert Reports of Dr. Daniel Rubinfeld and Dr. Ariel Pakes (Hellums,
Christopher) (Additional attachment(s) added on 4/15/2019: # 1 Unredacted
Summary) (KAM, ). (Entered: 04/15/2019)
04/15/2019
2412
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Expert Report of Daniel J. Slottje, Ph.D. (Whatley, Joe) (Entered:
04/15/2019)
344
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 344 of 509
04/15/2019
2413
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Expert Report of H.E. Frech, III, Ph.D. (Whatley, Joe) (Entered: 04/15/2019)
04/15/2019
2414
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Expert Report of Deborah Haas−Wilson, Ph.D. (Whatley, Joe) (Entered:
04/15/2019)
04/15/2019
2415
SEALED MOTION **Provider Plaintiffs' MOTION for Class Certification
and Supporting Memorandum. (KAM) Modified on 4/23/2019 (KAM, )
[Should not be unsealed. Contains privileged information that was clawed
back. The operative version of this motion and supporting memorandum can
be found at Dkt. 2421] Modified on 5/27/2020 (KAM). (Entered:
04/15/2019)
04/15/2019
2416
MOTION to Certify Class Provider Plaintiffs' Motion for Class Certification
and Supporting Memorandum (Public Version) by Plaintiffs' Counsel.
(Whatley, Joe) Modified on 4/23/2019 (KAM, ). (Entered: 04/15/2019)
04/19/2019
2417
CORRECTED Transcript of Proceedings held on 3/25/2019, before Judge R.
David Proctor. Court Reporter/Transcriber Sabrina Lewis. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/10/2019. Redacted Transcript Deadline set for 5/20/2019.
Release of Transcript Restriction set for 7/18/2019. (KAM) (Entered:
04/19/2019)
04/19/2019
2418
ORDER In addition to any items the parties wish to place on the agenda for
the May 23, 2019 status conference, the parties SHALL be prepared to
discuss how ASOs might fit into or relate to this MDL; the parties SHALL
submit a joint report including a list of (1) all ASOs and (2) who may
represent the ASOs in any discussions about resolution or other litigation
matters. Signed by Judge R David Proctor on 4/19/2019. (KAM) (Entered:
04/19/2019)
04/22/2019
2419
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2019 through March
31, 2019 in this matter as it relates to services rendered for both sides of the
case, and totaling $5,500.00. Signed by Judge R David Proctor on 4/22/2019.
(KAM) (Entered: 04/22/2019)
04/22/2019
2420
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2019 through March
31, 2019 in this matter relating solely to services provided to the Plaintiffs,
and totaling $62,200.00. Signed by Judge R David Proctor on 4/22/2019.
(KAM) (Entered: 04/22/2019)
04/22/2019
2421
PROVIDER PLAINTIFFS AMENDED MOTION FOR CLASS
CERTIFICATION AND SUPPORTING MEMORANDUM (KAM)
345
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 345 of 509
Modified on 6/12/2019 (KAM, ). DOCUMENT UNSEALED on 4/23/2020
pursuant to order. Modified on 4/24/2020 (KAM) (Entered: 04/22/2019)
04/23/2019
2422
Amended MOTION to Certify Class Provider Plaintiffs' Amended Motion for
Class Certification and Supporting Memorandum (Public Version) by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 04/23/2019)
04/26/2019
2423
MOTION to Withdraw as Attorney or Remove Susan Smelcer as Counsel by
Defendants' Counsel. (McLeod, Aaron) (Entered: 04/26/2019)
04/29/2019
2424
TEXT ORDER This matter is before the court on the Motion to Withdraw
or Remove Counsel seeking to remove Susan Smelcer as counsel for
Independence Hospital Indemnity Plan, Inc. The Motion is GRANTED. The
Clerk of the Court is directed to terminate attorney Smelcer. Signed by Judge
R David Proctor on 4/29/2019. (KAM) (Entered: 04/29/2019)
05/10/2019
2425
MOTION for Protective Order Regarding Privileged Materials Cited by
Plaintiffs in Support of Class Certification by Defendants' Counsel.
(Attachments: # 1 Exhibit 1 − Mar. 25, 2019 Hearing Tr. excerpts, # 2
Exhibit 2− Mar. 20, 2019 D. Hogan email, # 3 Exhibit 3− Cigna Reply re
Motion to Compel, # 4 Exhibit 4− Order re in camera review, # 5 Exhibit 5−
Feb. 28, 2019 Trial Tr. excerpts, # 6 Exhibit 6− Cigna Motion to Compel, # 7
Exhibit 7− Letter Order re in camera review)(Hogan, E) (Entered:
05/10/2019)
05/13/2019
2426
TEXT ORDER−This matter is before the court on Defendants' Motion for
Protective Order Regarding Privileged Materials Cited By Plaintiffs in
Support of Class Certification. 2425 Subscriber Plaintiffs SHALL respond to
the Motion on or before Friday, May 17, 2019. Defendants MAY reply on
or before Tuesday, May 21, 2019. Interested parties should be prepared to
address the Motion at the status conference on Thursday, May 23, 2019.
Signed by Judge R David Proctor on 5/13/2019. (KAM) (Entered:
05/13/2019)
05/15/2019
2427
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Expert Report of Thomas D. Gober, CFE (Whatley, Joe) (Entered:
05/15/2019)
05/15/2019
2428
NOTICE by Plaintiffs' Counsel Subscriber Plaintiffs' Executive Summary of
Merits Expert Reports (Hellums, Christopher) (Entered: 05/15/2019)
05/16/2019
2429
ORDER The court herby CONTINUES the deadlines for the addressing how
ASOs might fit into or relate to this MDL, and ORDERS that, in preparation
for the June 20, 2019 status conference, the parties SHALL meet and confer
and be prepared to discuss a plan for addressing ASOs. In advance of the
June hearing, the parties SHALL submit a joint report including a list of (1)
all ASOs and (2) who may represent the ASOs in any discussions about
resolution or other litigation matters. Signed by Judge R David Proctor on
5/16/2019. (KAM) (Entered: 05/16/2019)
05/17/2019
2430
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on May 23, 2019 by Special Master. filed by Special Master
(Gentle, Edgar) (Entered: 05/17/2019)
05/17/2019
2431
346
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 346 of 509
MOTION to Withdraw as Attorney by Blue Cross Blue Shield Michigan.
(Wadsworth, Stephen) (Entered: 05/17/2019)
05/17/2019
2432
TEXT ORDER; This matter is before the court on the Motion to Withdraw as
counsel for Blue Cross Blue Shield of Michigan filed by Stephen D.
Wadsworth. The Motion is GRANTED. The Clerk of the Court is directed to
terminate attorney Wadsworth. Attorney Stephen D Wadsworth terminated.
Signed by Judge R David Proctor on 5/17/2019. (JLC) (Entered: 05/17/2019)
05/17/2019
2433
Opposition to re 2425 Subscriber Plaintiffs' Opposition to Defendants'
Motion for Protective Order filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6)(Hellums, Christopher) (Entered: 05/17/2019)
05/17/2019
2434
RESPONSE in Opposition re 2425 MOTION for Protective Order Regarding
Privileged Materials Cited by Plaintiffs in Support of Class Certification
filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 05/17/2019)
05/20/2019
2435
ORDER Discovery Conference set for 5/23/2019 01:30 PM before
Magistrate Judge T Michael Putnam. Parties shall jointly submit a proposed
agenda of items the parties wish to be addressed at the discovery conference
on or before Wednesday, May 22, 2019 at 1:00 p.m.. Signed by Magistrate
Judge T Michael Putnam on 5/20/2019. (KAM) (Entered: 05/20/2019)
05/21/2019
2436
Unopposed MOTION to Amend/Correct Rule 30(b)(6) Deposition Testimony
by Health Care Service Corporation. (Hogewood, Mark) (Entered:
05/21/2019)
05/21/2019
2437
REPLY Brief filed by Defendant Defendants' Counsel re: 2425 MOTION for
Protective Order Regarding Privileged Materials Cited by Plaintiffs in
Support of Class Certification filed by Defendants' Counsel. (Attachments: #
1 Exhibit A − May 16, 2019 M. Hogewood email chain excerpts, # 2 Exhibit
B − Blix Street Records reply memorandum)(Hogan, E) (Entered:
05/21/2019)
05/22/2019
2438
ORDER this matter is before the court on Defendant Health Care Service
Corporation's 2436 Motion to Correct Rule 30(b)(6) Deposition Testimony;
The Motion seeks to amend specific portions of the June 22, 2017 Rule
30(b)(6) deposition testimony of its corporate representative, Steven
Hamman, outside the time permitted by Federal Rule of Civil Procedure
30(e). (Id.). The Motion (Doc. # 2436) is GRANTED. Signed by Judge R
David Proctor on 5/22/2019. (KAM) (Entered: 05/22/2019)
05/22/2019
2439
Joint MOTION to Amend/Correct Fourth Amended Scheduling Order by
Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Redline of Proposed
Changes, # 2 Exhibit B − Proposed Fifth Amended Scheduling
Order)(Whatley, Joe) (Entered: 05/22/2019)
05/22/2019
2440
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from April 1, 2019 through April 30,
2019 in this matter as it relates to services rendered for both sides of the case,
and totaling $8,000.00. Signed by Judge R David Proctor on 5/22/2019.
(KAM) (Entered: 05/22/2019)
05/22/2019
2441
347
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 347 of 509
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from April 1, 2019 through April 30,
2019 in this matter relating solely to services provided to the Plaintiffs, and
totaling $74,000.00. Signed by Judge R David Proctor on 5/22/2019. (KAM)
(Entered: 05/22/2019)
05/22/2019
2442
STATUS REPORT Regarding Proposed Agenda for Discovery Conference
by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel (Ragsdale,
Barry) (Entered: 05/22/2019)
05/23/2019
2443
ORDER GRANTING 2439 Joint MOTION to Amend Scheduling Order.
FIFTH AMENDED SCHEDULING ORDER; See all deadlines and
instructions as set out herein. Signed by Judge R David Proctor on 5/23/2019.
(JLC) (Entered: 05/23/2019)
05/23/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 5/23/2019. (Court Reporter Teresa Roberson.) (KLL)
(Entered: 05/23/2019)
05/23/2019
Minute Entry for proceedings held before Magistrate Judge T Michael
Putnam: Discovery & Status Conference held on 5/23/2019. (Court Reporter
Teresa Roberson) (ASL) (Entered: 05/24/2019)
05/31/2019
2444
NOTICE by Plaintiffs' Counsel of Response to Subpoena (Attachments: # 1
Exhibit A)(Whatley, Joe) (Entered: 05/31/2019)
06/04/2019
2445
ORDER This matter is before the court on Defendants Motion for Protective
Order Regarding Privileged Materials Cited by Plaintiffs in Support of Class
Certification 2425 Motion for Protective Order; the court concludes that
thedocuments (or portions of documents) which are the subject of Defendants
Motion are not privileged, Defendants Motion for Protective Order (Doc. #
2425 ) is DENIED. Signed by Judge R David Proctor on 6/4/2019. (KAM)
(Entered: 06/04/2019)
06/06/2019
2446
ORDER This case is SET for a status conference at 9:30 a.m. on Thursday,
June 20, 2019, in Courtroom 8 of the Hugo L. Black United States
Courthouse; On or before Monday, June 17, 2019, the parties SHALL submit
a joint report containing a proposed agenda of items the parties wish to be
addressed during the status conference; the court again CONTINUES the
deadline for addressing how ASOs might fit into or relate to this MDL, and
ORDERS that, in preparation for the July 2019 status conference, the parties
SHALL meet and confer and be prepared to discuss a plan for addressing
ASOs. In advance of the July hearing, the parties SHALL submit a joint
report including a list of (1) all ASOs and (2) who may represent the ASOs in
any discussions about resolution or other litigation matters. Signed by Judge
R David Proctor on 6/6/2019. (KAM) (Entered: 06/06/2019)
06/07/2019
2447
STATUS REPORT On Personal Jurisdiction Challenges, Joint by
Defendants' Counsel. filed by Defendants' Counsel (Hogewood, Mark)
(Entered: 06/07/2019)
06/14/2019
2448
NOTICE by Defendants' Counsel re 1349 Document Sealed,,,, 1433
Document Sealed, of Filing Certain Redacted Standard of Review Brief
Exhibits (Attachments: # 1 Exhibit 50, # 2 Exhibit 51, # 3 Exhibit 53, # 4
Exhibit 54, # 5 Exhibit 58, # 6 Exhibit 60, # 7 Exhibit 95, # 8 Exhibit 112, #
348
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 348 of 509
9 Exhibit 136, # 10 Exhibit 137, # 11 Exhibit 146)(Donnell, Sarah) (Entered:
06/14/2019)
06/14/2019
2449
NOTICE by Plaintiffs' Counsel of Provider Plaintiffs' Filing of Certain
Redacted Standard of Review Exhibits (Attachments: # 1 Exhibit PP Ex. 8
(1350−9), # 2 Exhibit PP Ex. 9 (1350−10), # 3 Exhibit PP Ex. 32 (1431−9), #
4 Exhibit PP Ex. PP (1431−35), # 5 Exhibit PP Ex. VVVV − Part 1
(1431−93), # 6 Exhibit PP Ex. VVVV − Part 2 (1431−94), # 7 Exhibit PP Ex.
VVVV − Part 3 (1431−95))(Quillen, Henry) (Entered: 06/14/2019)
06/14/2019
2450
NOTICE by Plaintiffs' Counsel re 1436 Document Sealed,,,,,,,,, 1555
Document Sealed, 1352 Document Sealed,,,,,,,,,,,,,,,,,,,, of Subscribers Filing
Certain Redacted Standard of Review Exhibits (Attachments: # 1 Ex. 1, # 2
Ex. 2, # 3 Ex. 3, # 4 Ex. 4, # 5 Ex. 176, # 6 Ex. 177, # 7 Ex. 178, # 8 Ex. 179,
# 9 Ex. 180, # 10 Ex. 181, # 11 Ex. 182, # 12 Ex. 183, # 13 Ex. 184, # 14 Ex.
185, # 15 Ex. 186, # 16 Ex. 187, # 17 Ex. 188, # 18 Ex. 189 part 1, # 19 Ex.
189 part 2, # 20 Ex. 190 part 1, # 21 Ex. 190 part 2, # 22 Ex. 191 part 1, # 23
Ex. 191 part 2, # 24 Ex. 192 part 1, # 25 Ex. 192 part 2, # 26 Ex. 193 part 1, #
27 Ex. 193 part 2, # 28 Ex. 194 part 1, # 29 Ex. 194 part 2, # 30 Ex. 195 part
1, # 31 Ex. 195 part 2, # 32 Ex. 196 part 1, # 33 Ex. 196 part 2, # 34 Ex. 197
part 1, # 35 Ex. 197 part 2, # 36 Ex. 198 part 1, # 37 Ex. 198 part 2, # 38 Ex.
199, # 39 Ex. 210 part 1, # 40 Ex. 210 part 2, # 41 Ex. 210 part 3, # 42 Ex.
215, # 43 Ex. 216, # 44 Ex. 217, # 45 Ex. 249 part 1, # 46 Ex. 249 part 2, #
47 Ex. 252, # 48 Ex. 254, # 49 Ex. 256, # 50 Ex. 261, # 51 Ex. 262, # 52 Ex.
282, # 53 Ex. 283, # 54 Ex. 289, # 55 Ex. 323)(Stokes, Tammy) (Entered:
06/14/2019)
06/14/2019
2451
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on June 20, 2019 at 9:30 a.m. by Special Master. filed by Special
Master (Gentle, Edgar) (Entered: 06/14/2019)
06/14/2019
2452
STATUS REPORT JOINT REPORT REGARDING DISPOSITIVE
MOTIONS by Plaintiffs' Liaison Counsel. filed by Plaintiffs' Liaison Counsel
(Ragsdale, Barry) (Entered: 06/14/2019)
06/18/2019
2453
***Document Sealed** SUBSCRIBER PLAINTIFFS' NOTICE OF FILING
DOCUMENTS UNDER SEAL (Attachments: # 1 Exhibit 367, # 2 Exhibit
368, # 3 Exhibit 369, # 4 Exhibit 371, # 5 Exhibit 373, # 6 Exhibit 375, # 7
Exhibit 376, # 8 Exhibit 377, # 9 Exhibit 379, # 10 Exhibit 383, # 11 Exhibit
384, # 12 Exhibit 390, # 13 Exhibit 391, # 14 Exhibit 405, # 15 Exhbiit 406,
# 16 Exhibit 407, # 17 Exhibit 408, # 18 Exhibit 409, # 19 Exhibit 410, # 20
Exhibit 411, # 21 Exhibit 412, # 22 Exhibit 413, # 23 Exhibit 414, # 24
Exhibit 415) (KAM) (Entered: 06/18/2019)
06/18/2019
2454
***Document Sealed*** PROVIDER PLAINTIFFS' Notice of filing Sealed
Documents Related to Their Evidentiary Submission in Support of their
Amended Motion for Class Certification (Attachments: # 1 Exhibit 2, # 2
Exhibit 15, # 3 Exhibit 18, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 23, # 7
Exhibit 43, # 8 Exhibit 45, # 9 Exhibit 46, # 10 Exhibit 47, # 11 Exhibit 50, #
12 Exhibit 51, # 13 Exhibit 54, # 14 Exhibit 55) (KAM) (Entered:
06/18/2019)
06/18/2019
2455
Evidentiary Material re: 2421 SEALED MOTION Provider Plaintiffs'
Evidentiary Submission in Support of Their Amended Motion for Class
349
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 349 of 509
Certification (Public Version). (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, #
13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit
17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22
Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit
26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31
Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit
35, part 1, # 36 Exhibit 35, part 2, # 37 Exhibit 35, part 3, # 38 Exhibit 36, #
39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit
41, # 44 Exhibit 42, # 45 Exhibit 43, # 46 Exhibit 44, # 47 Exhibit 45, # 48
Exhibit 46, # 49 Exhibit 47, # 50 Exhibit 48, # 51 Exhibit 49, # 52 Exhibit
50, # 53 Exhibit 51, # 54 Exhibit 52, # 55 Exhibit 53, # 56 Exhibit 54, # 57
Exhibit 55)(Quillen, Henry) (Entered: 06/18/2019)
06/18/2019
2456
Evidentiary Material re: 2409 MOTION to Certify Class Subscriber
Plaintiffs' Motion for Certification of Alabama Damages Class, 2407
MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of
Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class
. (Attachments: # 1 Exhibit 330, # 2 Exhibit 331, # 3 Exhibit 332, # 4 Exhibit
333, # 5 Exhibit 334, # 6 Exhibit 335, # 7 Exhibit 336, # 8 Exhibit 337, # 9
Exhibit 338, # 10 Exhibit 339, # 11 Exhibit 340, # 12 Exhibit 341, # 13
Exhibit 342, # 14 Exhibit 343, # 15 Exhibit 344, # 16 Exhibit 345, # 17
Exhibit 346, # 18 Exhibit 347, # 19 Exhibit 348, # 20 Exhibit 349, # 21
Exhibit 350, # 22 Exhibit 351, # 23 Exhibit 352, # 24 Exhibit 353, # 25
Exhibit 354, # 26 Exhibit 355, # 27 Exhibit 356, # 28 Exhibit 357, # 29
Exhibit 358, # 30 Exhibit 359, # 31 Exhibit 360, # 32 Exhibit 361, # 33
Exhibit 362, # 34 Exhibit 363, # 35 Exhibit 364, # 36 Exhibit 365, # 37
Exhibit 366, # 38 Exhibit 367, # 39 Exhibit 368, # 40 Exhibit 369, # 41
Exhibit 370, # 42 Exhibit 371, # 43 Exhibit 372, # 44 Exhibit 373)(Hellums,
Christopher) (Entered: 06/18/2019)
06/18/2019
2457
Evidentiary Material re: 2409 MOTION to Certify Class Subscriber
Plaintiffs' Motion for Certification of Alabama Damages Class, 2407
MOTION to Certify Class Subscriber Plaintiffs' Motion for Certification of
Nationwide Injunctive Class or, in the Alternative, Alabama Injunctive Class
. (Attachments: # 1 Exhibit 374, # 2 Exhibit 375, # 3 Exhibit 376, # 4 Exhibit
377, # 5 Exhibit 378, # 6 Exhibit 379, # 7 Exhibit 380, # 8 Exhibit 381, # 9
Exhibit 382, # 10 Exhibit 383, # 11 Exhibit 384, # 12 Exhibit 385, # 13
Exhibit 386, # 14 Exhibit 387, # 15 Exhibit 388, # 16 Exhibit 389, # 17
Exhibit 390, # 18 Exhibit 391, # 19 Exhibit 392, # 20 Exhibit 393, # 21
Exhibit 394, # 22 Exhibit 395, # 23 Exhibit 396, # 24 Exhibit 397, # 25
Exhibit 398, # 26 Exhibit 399, # 27 Exhibit 400, # 28 Exhibit 401, # 29
Exhibit 402, # 30 Exhibit 403, # 31 Exhibit 404, # 32 Exhibit 405, # 33
Exhibit 406, # 34 Exhibit 407, # 35 Exhibit 408, # 36 Exhibit 409, # 37
Exhibit 410, # 38 Exhibit 411, # 39 Exhibit 412, # 40 Exhibit 413, # 41
Exhibit 414, # 42 Exhibit 415)(Hellums, Christopher) (Entered: 06/18/2019)
06/20/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 6/20/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 06/20/2019)
06/24/2019
2458
350
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 350 of 509
Transcript of Proceedings held on June 20, 2019, before Judge R. David
Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/15/2019. Redacted Transcript Deadline set for 7/25/2019.
Release of Transcript Restriction set for 9/22/2019. (KAM) (Entered:
06/24/2019)
06/24/2019
2459
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2019 through May 31,
2019 in this matter relating solely to services provided to the Plaintiffs, and
totaling $57,500.00. Signed by Judge R David Proctor on 6/24/2019. (KAM)
(Entered: 06/24/2019)
06/24/2019
2460
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2019 through May 31,
2019 in this matter as it relates to services rendered for both sides of the case,
and totaling $10,000.00. Signed by Judge R David Proctor on 6/24/2019.
(KAM) (Entered: 06/24/2019)
06/25/2019
2461
STATUS REPORT of Blue Cross and Blue Shield of Kansas City and Blue
Cross Blue Shield of North Dakota to Maintain Seal on Certain Exhibits to
Subscribers' Motion for Class Certification by Defendants' Counsel. filed by
Defendants' Counsel (Sooy, Kathleen) (Entered: 06/25/2019)
06/26/2019
2462
ORDER Status Conference set for 7/22/2019 09:30 AM in Courtroom 8 of
the Hugo L. Black United States Courthouse before Judge R David Proctor;
The Special Master will provide a call−in number for the conference; On or
before Wednesday, July 17, 2019, the parties SHALL submit a joint report
containing a proposed agenda of items the parties wish to be addressed
during the status conference. Signed by Judge R David Proctor on 6/26/2019.
(KAM) (Entered: 06/26/2019)
07/01/2019
2463
NOTICE by Defendants' Counsel of Filing Under Seal (Kimble, Cavender)
(Entered: 07/01/2019)
07/01/2019
2464
MOTION to Exclude Provider Plaintiffs' Expert H.E. Frech, III by
Defendants' Counsel. (Attachments: # 1 Memorandum in Support, # 2
Exhibit 1)(Donnell, Sarah) Modified on 7/2/2019 (KAM, ). (Entered:
07/01/2019)
07/01/2019
2465
MOTION to Exclude in Part Subscriber Plaintiffs' Expert Daniel Rubinfeld
by Defendants' Counsel. (Attachments: # 1 Memorandum in Support, # 2
Exhibit 1)(Donnell, Sarah) (Entered: 07/01/2019)
07/01/2019
2466
MOTION to Exclude Provider Plaintiffs' Expert Dr. Deborah Haas−Wilson
by Defendants' Counsel. (Attachments: # 1 Memorandum in Support)(Hogan,
E) (Entered: 07/01/2019)
351
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 351 of 509
07/01/2019
2467
Evidentiary Material re: 2466 MOTION to Exclude Provider Plaintiffs'
Expert Dr. Deborah Haas−Wilson . (Attachments: # 1 Exhibit 1−
Haas−Wilson deposition excerpts, # 2 Exhibit 2− Filed under seal, # 3
Exhibit 3− St. Alphonsus declaration, # 4 Exhibit 4− Ordover declaration, # 5
Exhibit 5− Murphy deposition excerpt, # 6 Exhibit 6− Pakes deposition
excerpt, # 7 Exhibit 7− Filed under seal, # 8 Exhibit 8− Filed under seal, # 9
Exhibit 9− Filed under seal, # 10 Exhibit 10− Filed under seal, # 11 Exhibit
11− Project Banner document, # 12 Exhibit 12− Kendrick deposition excerpt,
# 13 Exhibit 13− ABA Section of Antitrust Law)(Hogan, E) (Entered:
07/01/2019)
07/01/2019
2468
MOTION to Exclude Subscriber Plaintiffs' Expert Dr. Ariel Pakes by
Defendants' Counsel. (Attachments: # 1 Memorandum in Support)(Hogan, E)
(Entered: 07/01/2019)
07/01/2019
2469
Evidentiary Material re: 2468 MOTION to Exclude Subscriber Plaintiffs'
Expert Dr. Ariel Pakes . (Attachments: # 1 Exhibit 1− Pakes deposition
excerpts (May 10, 2019), # 2 Exhibit 2− Ordover declaration, # 3 Exhibit 3−
Pakes deposition excerpts (June 14, 2019), # 4 Exhibit 4− Trish & Herring
article, # 5 Exhibit 5− Ho & Lee article, # 6 Exhibit 6− Filed under seal, # 7
Exhibit 7 − Filed under seal, # 8 Exhibit 8 − Filed under seal, # 9 Exhibit 9 −
Filed under seal, # 10 Exhibit 10− Alabama health insurance marketplace, #
11 Exhibit 11− Individual Products presentation, # 12 Exhibit 12− Email re
Viva, # 13 Exhibit 13− Filed under seal, # 14 Exhibit 14− Filed under seal, #
15 Exhibit 15− BCBSVT President's Report, # 16 Exhibit 16− Lifetime
Health Board meeting document, # 17 Exhibit 17 − Shepard article, # 18
Exhibit 18 − Ho, Pakes, and Shepard article, # 19 Exhibit 19 − Proving
Antitrust Damages, # 20 Exhibit 20 − 2008 United 10−K, # 21 Exhibit 21−
2008 Humana 10−K)(Hogan, E) (Entered: 07/01/2019)
07/01/2019
2470
NOTICE by Blue Cross Blue Shield Michigan Notice of Filing Under Seal
(Campbell, Andrew) (Entered: 07/01/2019)
07/01/2019
2471
MOTION to Strike Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel
J. Slottje by Blue Cross Blue Shield Michigan. (Attachments: # 1 Supplement
Memorandum in Support of Motion to Exclude Provider Plaintiffs' Expert
Dr. Daniel J. Slottje)(Campbell, Andrew) Modified on 7/2/2019 (KAM, ).
(Entered: 07/01/2019)
07/01/2019
2472
Evidentiary Material re: 2471 MOTION to Strike Motion to Exclude
Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: # 1 Exhibit
Exhibit 1 Slottje Deposition Excerpts (Redacted), # 2 Exhibit Exhibit 2 Cigna
Deposition Excerpts (filed under seal), # 3 Exhibit Exhibit 3 Aetna
Deposition Excerpts (filed under seal), # 4 Exhibit Exhibit 4 Humana
(Findlay) Deposition Excerpts (filed under seal))(Campbell, Andrew)
(Entered: 07/01/2019)
07/01/2019
2473
Evidentiary Material re: 2471 MOTION to Strike Motion to Exclude
Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: # 1 Exhibit 5
Fech Deposition Excerpts)(Campbell, Andrew) (Entered: 07/01/2019)
07/01/2019
2474
Evidentiary Material re: 2471 MOTION to Strike Motion to Exclude
Provider Plaintiffs' Expert Dr. Daniel J. Slottje . (Attachments: # 1 Exhibit 6
Haas−Wilson Deposition Excerpts, # 2 Exhibit 7 Cigna Document (filed
352
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 352 of 509
under seal), # 3 Exhibit 8 Humana (Davis) Deposition Excerpts (filed under
seal))(Campbell, Andrew) (Entered: 07/01/2019)
07/01/2019
2475
***Document Sealed** DEFENDANTS' MEMORANDUM OF LAW IN
SUPPORT OF MOTION TO EXCLUDE OR STRIKE THE EXPERT
TESTIMONY, OPINIONS AND ANALYSIS OF DR. ARIEL PAKES and
Exhibits 6, 7, 8, 9, 13, 14 (KAM) Modified on 7/8/2019 (KAM, ). (Entered:
07/02/2019)
07/01/2019
2476
***Document Sealed*** DEFENDANTS' MEMORANDUM OF LAW IN
SUPPORT OF MOTION TO EXCLUDE OR STRIKE EXPERT
TESTIMONY, OPINIONS, AND ANALYSIS OF DR. DEBORAH
HAAS−WILSON and Exhibits 2, 4, 7, 8, 9, 10 (KAM) (Entered: 07/02/2019)
07/01/2019
2480
***Document Sealed** DEFENDANTS' MEMORANDUM OF LAW IN
SUPPORT OF THEIR MOTION 2477 TO EXCLUDE PROVIDER
PLAINTIFFS' EXPERT DR. DANIEL J. SLOTTJE (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (KAM) (Entered: 07/03/2019)
07/02/2019
2477
SEALED MOTION − DEFENDANTS' MOTION TO EXCLUDE
PROVIDER PLAINTIFFS' EXPERT DR. DANIEL J. SLOTTJE. (KAM)
(Entered: 07/02/2019)
07/02/2019
2478
MOTION Corrected Motion to Exclude Provider Plaintiffs' Expert H.E.
Frech, III (Filed as 2464 ) by Defendants' Counsel. (Attachments: # 1
Corrected Memorandum in Support, # 2 Exhibit 1)(Donnell, Sarah) (Entered:
07/02/2019)
07/02/2019
2479
STATUS REPORT of Subscribers' Opposition to Seal of Certain Class
Certification Exhibits by Plaintiffs' Counsel. filed by Plaintiffs' Counsel
(Stokes, Tammy) (Entered: 07/02/2019)
07/02/2019
2481
***Document Sealed*** SUBSCRIBER'S OPPOSITION TO
DEFENDANTS' REQUEST TO SEAL CERTAIN CLASS
CERTIFICATION EXHIBITS (KAM) (Entered: 07/03/2019)
07/10/2019
2482
MOTION to Withdraw as Attorney Winnifred Lewis by Blue Cross Blue
Shield Antitrust Litigation MDL 2406, Blue Cross and Blue Shield of
Alabama. (Lewis, Winnifred) (Entered: 07/10/2019)
07/11/2019
2483
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by Winnifred A. Lewis. 2482 The Motion is GRANTED. The Clerk of
the Court is directed to terminate attorney Lewis. Signed by Judge R David
Proctor on 7/11/2019. (KAM) (Entered: 07/11/2019)
07/15/2019
2484
NOTICE by Defendants' Counsel of Filing Under Seal (Kimble, Cavender)
(Entered: 07/15/2019)
07/15/2019
2485
NOTICE by Defendants' Counsel Executive Summary of Expert Report of Dr.
Kevin R. Murphy PhD (Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2486
NOTICE by Defendants' Counsel Executive Summary of Expert Report of Dr.
Erin E. Trish, PhD (Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2487
353
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 353 of 509
NOTICE by Defendants' Counsel Defendants' Executive Summary of Expert
Report of Dr. David S. Evans (Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2488
NOTICE by Defendants' Counsel Executive Summary of the Expert Report of
Dr. Lawrence Wu (Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2489
NOTICE by Defendants' Counsel Executive Summary of the Expert Report of
Dr. Janusz Ordover (Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2490
Opposition to re 2415 , 2409 , 2407 Defendants' Opposition to Subscribers'
and Providers' Motions for Class Certification filed by Defendants' Counsel.
(Hoover, Craig) (Entered: 07/15/2019)
07/15/2019
2491
***Document Sealed*** DEFENDANTS' Opposition to Subscribers' and
Providers' Motions for Class Certification (KAM) (Entered: 07/16/2019)
07/15/2019
2492
***Document Sealed*** Executive Summary of Expert Report of Dr. Erin E.
Trish PH.D. (KAM) (Entered: 07/16/2019)
07/15/2019
2493
***Document Sealed***Executive Summary of Expert Report of Dr. Kevin
R. Murphy, PH.D (KAM) (Entered: 07/16/2019)
07/16/2019
2494
MOTION to Withdraw as Attorney by Plaintiffs' Counsel. (Burns, Erin)
(Entered: 07/16/2019)
07/16/2019
2495
NOTICE of Change of Address by Stephen A Walsh (Walsh, Stephen)
(Entered: 07/16/2019)
07/17/2019
2496
NOTICE by Defendants' Counsel re 2491 Document Sealed Notice of
Correction to Sealed Filing (Hoover, Craig) (Entered: 07/17/2019)
07/17/2019
2497
ORDER The court again CONTINUES the deadline for addressing how
ASOs might fit into or relate to this MDL, and ORDERS that, in preparation
for the August 2019 status conference, the parties SHALL meet and confer
and be prepared to discuss a plan for addressing ASOs. In advance of the
August hearing, the parties SHALL submit a joint report including a list of
(1) all ASOs and (2) who may represent the ASOs in any discussions about
resolution or other litigation matters. Signed by Judge R David Proctor on
7/17/2019. (KAM) (Entered: 07/17/2019)
07/17/2019
2498
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on July 22, 2019 at 9:30 a.m. by Special Master. filed by Special
Master (Gentle, Edgar) (Entered: 07/17/2019)
07/22/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 7/22/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 07/22/2019)
07/22/2019
2499
TEXT ORDER−This matter is before the court on the Motion to Withdraw
as Counsel filed by Erin C. Burns. 2494 The Motion is GRANTED. The
Clerk of the Court is directed to terminate attorney Burns. Signed by Judge R
David Proctor on 7/22/2019. (KEK) (Entered: 07/22/2019)
07/22/2019
2500
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 7/22/2019. (KEK) (Entered:
07/22/2019)
354
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 354 of 509
07/22/2019
2501
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 7/22/2019. (KEK) (Entered:
07/22/2019)
07/25/2019
2502
Transcript of Proceedings held on 7/22/2019, before Judge R David Proctor.
Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/15/2019. Redacted Transcript Deadline set for 8/25/2019.
Release of Transcript Restriction set for 10/23/2019. (KEK) (Entered:
07/25/2019)
07/26/2019
2503
***VACATED***SIXTH AMENDED SCHEDULING ORDER: certain
time limits apply as set out in this order. Signed by Judge R David Proctor on
7/25/2019. (KAM) Modified on 9/23/2019 (KE). (Entered: 07/26/2019)
07/26/2019
2504
NOTICE of Appearance by Anna M Clark on behalf of Excellus Health Plan,
Inc. d/b/a Excellus BlueCrossBlueShield (Clark, Anna) (Entered:
07/26/2019)
07/26/2019
2505
NOTICE of Appearance by John G Schmidt, Jr on behalf of Excellus Health
Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Schmidt, John) (Entered:
07/26/2019)
07/26/2019
2506
NOTICE of Appearance by Edward S Bloomberg on behalf of Excellus
Health Plan, Inc. d/b/a Excellus BlueCrossBlueShield (Bloomberg, Edward)
(Entered: 07/26/2019)
08/02/2019
2507
ORDER Status Conference set for 8/15/2019 09:30 AM before Judge R
David Proctor. The Special Master will provide a call−in number for the
conference. On or before Tuesday, August 13, 2019, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference. Signed by Judge R David
Proctor on 8/2/2019. (KAM) (Entered: 08/02/2019)
08/13/2019
2508
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on August 15, 2019 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 08/13/2019)
08/15/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 8/15/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 08/15/2019)
08/22/2019
2509
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2019 through July 31,
2019 in this matter relating solely to services provided to the Plaintiffs,
totaling $43,500.00. Signed by Judge R David Proctor on 8/22/2019. (JLC)
(Entered: 08/22/2019)
355
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 355 of 509
08/22/2019
2510
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2019 through July 31,
2019 in this matter as it relates to services rendered for both sides of the case
and totaling $9,000.00. Signed by Judge R David Proctor on 8/22/2019.
(JLC) (Entered: 08/22/2019)
09/03/2019
2511
ORDER Telephone Status Conference set for 9/23/2019 10:00 AM before
Judge R David Proctor. The Special Master will provide a call−in number for
the telephone status conference, and for caucuses to take place following the
status conference. On or before Thursday, September 19, 2019, the parties
SHALL submit a joint report containing a proposed agenda of items the
parties wish to be addressed during the status conference. Signed by Judge R
David Proctor on 9/3/2019. (KAM) (Entered: 09/03/2019)
09/19/2019
2512
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on September 23, 2019 at 10:00 A.M. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 09/19/2019)
09/23/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 9/23/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 09/23/2019)
09/23/2019
2513
ORDER − The Sixth Amended Scheduling Order (Doc. # 2503) is
VACATED. All deadlines are further STAYED for ninety (90) days. If
appropriate, the stay may be further extended by agreement among the parties
or by the court. In the event the stay is not further extended, the parties
SHALL meet and confer upon expiration of the stay and, within two weeks
from the expiration of the stay, the parties SHALL submit a joint filing with
their respective positions on the schedule moving forward. Signed by Judge
R David Proctor on 9/23/2019. (KEK) (Entered: 09/23/2019)
09/23/2019
2514
ORDER − This case is SET for a status conference at 10:00 a.m. on
Thursday, October 17, 2019 in Chicago, Illinois at the offices of Kirkland &
Ellis LLP, 300 North LaSalle, Chicago, IL 60654. The Special Master will
provide a call−in number for the telephone status conference. On or before
Monday, October 14, 2019, (1) the parties SHALL submit a joint report
containing a proposed agenda of items the parties wish to be addressed
during the status conference; and (2) for security purposes, counsel attending
in person SHALL notify the Special Master. Signed by Judge R David
Proctor on 9/23/2019. (KEK) (Entered: 09/23/2019)
09/24/2019
2515
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from August 1, 2019 through
August 31, 2019 in this matter relating solely to services provided to the
Plaintiffs, and totaling $45,500.00. Signed by Judge R David Proctor on
9/24/2019. (KAM) (Entered: 09/24/2019)
09/24/2019
2516
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from August 1, 2019 through
August 31, 2019 in this matter as it relates to services rendered for both sides
of the case, and totaling $3,500.00. Signed by Judge R David Proctor on
9/24/2019. (KAM) (Entered: 09/24/2019)
09/25/2019
2517
Transcript of Proceedings(Telephonic Status Conference) held on 9/23/2019,
before Judge R. David Proctor. Court Reporter/Transcriber Risa Entrekin.
356
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 356 of 509
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/16/2019. Redacted Transcript Deadline set for 10/26/2019.
Release of Transcript Restriction set for 12/24/2019. (KAM) (Entered:
09/25/2019)
10/14/2019
2518
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on October 17, 2019 at 10:00 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 10/14/2019)
10/17/2019
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 10/17/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 10/17/2019)
10/17/2019
2519
Transcript of Proceedings held on 10/17/2019, before Judge R. David
Proctor. Court Reporter/Transcriber Risa Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/7/2019. Redacted Transcript Deadline set for 11/17/2019.
Release of Transcript Restriction set for 1/15/2020. (KAM) (Entered:
10/17/2019)
10/23/2019
2520
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2019 through
September 30, 2019 in this matter relating solely to services provided to the
Plaintiffs, and totaling $51,000.00. Signed by Judge R David Proctor on
10/22/2019. (KAM) (Entered: 10/23/2019)
10/23/2019
2521
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2019 through
September 30, 2019 in this matter as it relates to services rendered for both
sides of the case, and totaling $6,000.00. Signed by Judge R David Proctor
on 10/22/2019. (KAM) (Entered: 10/23/2019)
11/08/2019
2522
ORDER SETTING STATUS CONFERENCE; A Status Conference is
hereby set for Thursday, December 19, 2019 at 9:30 a.m., in Courtroom 8 of
the Hugo L. Black United States Courthouse, 1729 5th Avenue North,
Birmingham, Alabama. The Special Master will provide a call−in number for
the Conference. On or before Monday, December 16, 2019, the parties
SHALL submit a Joint Report containing a proposed agenda of items the
357
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 357 of 509
parties wish to be addressed during the Status Conference. Signed by Judge R
David Proctor on 11/8/2019. (JLC) Modified on 11/12/2019 (KLL, ).
(Entered: 11/08/2019)
11/26/2019
2523
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2019 through
October 31, 2019 in this matter relating solely to services provided to the
Plaintiffs, and totaling $59,500.00. Signed by Judge R David Proctor on
11/26/2019. (KAM) (Entered: 11/26/2019)
11/26/2019
2524
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2019 through
October 31, 2019 in this matter as it relates to services rendered for both
sides of the case, and totaling $8,500.00. Signed by Judge R David Proctor
on 11/26/2019. (KAM) (Entered: 11/26/2019)
12/10/2019
2525
ORDER The status conference currently set at 9:30 a.m. on Thursday,
December 19, 2019, will now be conducted by telephone. The Special Master
will provide a call−in number for the telephone status conference, and for
caucuses to take place following the status conference. Counsel planning to
attend the telephone conference and caucuses should inform the Special
Master of their plans to attend, and the parties SHALL designate those
persons who plan to address the court on the calls.1 On or before Monday,
December 16, 2019, the parties SHALL submit a joint report containing a
proposed agenda of items the parties wish to be addressed during the
telephone status conference. Signed by Judge R David Proctor on
12/10/2019. (KAM) (Entered: 12/10/2019)
12/16/2019
2526
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on December 19, 2019 at 9:30 a.m. by Special Master.
filed by Special Master (Gentle, Edgar) (Entered: 12/16/2019)
12/19/2019
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 12/19/2019. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 12/19/2019)
12/20/2019
2527
ORDER that this case is SET for a Status Conference at 10.00 a.m. on
Friday, January 31, 2020, at the Sam M. Gibbons United States Courthouse,
801 North Florida Avenue, Tampa, Florida 33602, in the seventeenth floor
courtroom. The Special Master will provide a call−in number for the
Telephone Status Conference. On or before Monday, January 27, 2020, the
parties SHALL submit a Joint Report containing a proposed agenda of items
the parties wish to be addressed during the Status Conference. Signed by
Judge R David Proctor on 12/20/2019. (JLC) (Entered: 12/20/2019)
12/20/2019
2528
MOTION to Withdraw as Attorney Charles L. Sweeris by California
Physicians Service d/b/a Blue Shield of California. (Sweeris, Charles)
(Entered: 12/20/2019)
12/20/2019
2529
TEXT ORDER GRANTING 2528 MOTION to Withdraw as Attorney.
Charles L. Sweeris terminated. Signed by Judge R David Proctor on
12/20/2019. (JLC) (Entered: 12/20/2019)
12/26/2019
2530
Transcript of Proceedings held on 12/19/2019, before Judge R. David
Proctor. Court Reporter/Transcriber Risa Entrekin. Transcript may be viewed
358
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 358 of 509
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/16/2020. Redacted Transcript Deadline set for 1/26/2020.
Release of Transcript Restriction set for 3/25/2020. (KAM) (Entered:
12/26/2019)
12/30/2019
2531
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2019 through
November 30, 2019 in this matter as it relates to services rendered for both
sides of the case, and totaling $1,500.00. Signed by Judge R David Proctor
on 12/30/2019. (KAM) (Entered: 12/30/2019)
12/30/2019
2532
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2019 through
November 30, 2019 in this matter relating solely to services provided to the
Plaintiffs, and totaling $47,200.00. Signed by Judge R David Proctor on
12/30/2019. (KAM) (Entered: 12/30/2019)
12/31/2019
2533
MOTION to Withdraw as Attorney Laura Alexander by Plaintiffs' Counsel.
(Small, Daniel) (Entered: 12/31/2019)
12/31/2019
2534
MOTION to Withdraw as Attorney by UnitedHealth Group Incorporated.
(Robertson, Douglas) (Entered: 12/31/2019)
01/03/2020
2535
TEXT ORDER This matter is before the court on the Motions to Withdraw
filed by Attorneys Laura Alexander 2533 and Douglas N. Robertson 2534 .
The Motions are GRANTED. The Clerk of the Court is directed to terminate
attorneys Alexander and Robertson. Signed by Judge R David Proctor on
1/3/2020. (KAM) (Entered: 01/03/2020)
01/06/2020
2536
ORDER By agreement of the parties, all deadlines will remain STAYED
until further order of the court. The status of the stay will be discussed at the
January 31, 2020 status conference. Signed by Judge R David Proctor on
1/6/2020. (KAM) (Entered: 01/06/2020)
01/23/2020
2537
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 1/23/2019. (JLC) (Entered: 01/23/2020)
01/23/2020
2538
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 1/23/2019. (JLC) (Entered: 01/23/2020)
01/27/2020
2539
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on January 31, 2020 at 10:00 a.m. in Tampa, Florida by
Special Master. filed by Special Master (Gentle, Edgar) (Entered:
01/27/2020)
01/31/2020
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 1/31/2020. The March status conference will be set by
359
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 359 of 509
separate court order. (Court Reporter Howard Jones.) (Gretchen O'Brien,
CRD) (Entered: 01/31/2020)
02/13/2020
2540
Transcript of Proceedings held on 1/31/2020, before Judge R. David Proctor.
NOTICE: The parties have seven (7) calendar days to file with the Court a
Notice of Intent to Request Redaction of this transcript. If no such Notice is
filed, the transcript will be made remotely electronically available to the
public without redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy (JLC) (Entered:
02/13/2020)
02/13/2020
2541
ORDER The status of the pending stay of this case will be discussed at the
next status conference, which the court anticipates will be set in April 2020.
In light of the continued stay, the Clerk of the Court is directed to
administratively terminate all pending motions. Any such motions may be
re−filed, if appropriate, after the stay is lifted. Signed by Judge R David
Proctor on 2/13/2020. (KAM) (Entered: 02/13/2020)
02/17/2020
2542
NOTICE by Plaintiffs' Counsel Change of Firm and Address (Cain,
Christopher) (Entered: 02/17/2020)
02/19/2020
2543
ORDER Telephone Status Conference set for 3/4/2020 09:30 AM before
Judge R David Proctor. The Special Master will provide a call−in number for
the telephone status conference, and for caucuses to take place following the
status conference. On or before Monday, March 2, 2020, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference. Signed by Judge R David
Proctor on 2/19/2020. (KAM) (Entered: 02/19/2020)
02/24/2020
2544
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 2/24/2020. (JLC) (Entered: 02/24/2020)
02/24/2020
2545
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 2/24/2020. (JLC) (Entered: 02/24/2020)
03/02/2020
2546
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on March 4, 2020 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 03/02/2020)
03/04/2020
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 3/4/2020. The April status conference will be set by
separate order. (Court Reporter Risa Entrekin. TRANSCRIPT OF
PROCEEDINGS SEALED) (KLL) (Entered: 03/04/2020)
03/06/2020
2547
SEALED Transcript of Proceedings held on 3/4/2020, before Judge R. David
Proctor. Court Reporter/Transcriber Risa Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
360
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 360 of 509
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 3/27/2020. Redacted Transcript Deadline set for 4/6/2020.
Release of Transcript Restriction set for 6/4/2020. (KAM) (Entered:
03/06/2020)
03/17/2020
2548
ORDER Telephone Status Conference set for 4/16/2020 09:30 AM before
Judge R David Proctor; The Special Master will provide a call−in number for
the telephone status conference, and for caucuses to take place following the
status conference; On or before Monday, April 13, 2020, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference. Signed by Judge R David
Proctor on 3/17/2020. (KAM) (Entered: 03/17/2020)
03/23/2020
2549
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from February 1, 2020 through
February 29, 2020 in this matter relating solely to services provided to the
Plaintiffs, and totaling $50,800.00. Signed by Judge R David Proctor on
3/23/2020. (KAM) (Entered: 03/23/2020)
03/23/2020
2550
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from February 1, 2020
through February 29, 2020 in this matter as it relates to services rendered for
both sides of the case, and totaling $4,500.00. Signed by Judge R David
Proctor on 3/23/2020. (KAM) (Entered: 03/23/2020)
04/13/2020
2551
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on April 16, 2020 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 04/13/2020)
04/16/2020
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 4/16/2020. A separate order will be entered setting May
status conference. (Court Reporter Risa Entrekin.) (KLL) (Entered:
04/16/2020)
04/17/2020
2552
Transcript of Proceedings held on April 16, 2020, before Judge R David
Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 5/8/2020. Redacted Transcript Deadline set for 5/18/2020.
Release of Transcript Restriction set for 7/16/2020. (KAM) (Entered:
04/17/2020)
04/22/2020
2553
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2020 through March
31, 2020 in this matter relating solely to services provided to the Plaintiffs,
and totaling $62,500.00. Signed by Judge R David Proctor on 4/22/2020.
(KAM) (Entered: 04/22/2020)
361
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 361 of 509
04/22/2020
2554
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from March 1, 2020 through March
31, 2020 in this matter as it relates to services rendered for both sides of the
case, and totaling $6,000.00. Signed by Judge R David Proctor on 4/22/2020.
(KAM) (Entered: 04/22/2020)
04/24/2020
2555
NOTICE by Defendants' Counsel re 2485 Notice (Other), 2486 Notice
(Other) Defendants' Notice of Re−Filing Certain Expert Executive
Summaries (Attachments: # 1 Exhibit − Executive Summary of Expert
Report of Dr. Kevin R. Murphy, Ph.D., # 2 Exhibit − Executive Summary of
Expert Report of Dr. Erin E. Trish, Ph.D.)(Donnell, Sarah) (Entered:
04/24/2020)
04/24/2020
2556
ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David
Proctor on 4/23/2020. (KAM) (Entered: 04/24/2020)
04/24/2020
2557
NOTICE by Defendants' Counsel re 2476 Document Sealed Defendants
Notice of Re−Filing of Memorandum of Law In Support of Defendants
Motion to Exclude or Strike Expert Testimony, Opinions, And Analysis of Dr.
Deborah Haas−Wilson And One Exhibit Thereto (Attachments: # 1 Exhibit
Memorandum Of Law In Support Of Defendants Motion To Exclude Or
Strike Expert Testimony, Opinions, And Analysis Of Dr. Deborah
Haas−Wilson, # 2 Exhibit 9)(Hogan, E) (Entered: 04/24/2020)
04/24/2020
2558
NOTICE by Defendants' Counsel re 2475 Document Sealed Defendants
Notice of Re−Filing of Memorandum of Law In Support of Defendants
Motion to Exclude or Strike The Expert Testimony, Opinions, And Analysis of
Dr. Ariel Pakes And Certain Exhibits Thereto (Attachments: # 1 Exhibit
Memorandum of Law In Support Of Defendants Motion to Exclude or Strike
The Expert Testimony, Opinions, And Analysis of Dr. Ariel Pakes, # 2
Exhibit 9, # 3 Exhibit 14)(Hogan, E) (Entered: 04/24/2020)
04/24/2020
2559
NOTICE by Blue Cross Blue Shield Michigan re 2472 Evidentiary Material,
2471 Motion to Strike, Defendants Notice of Re−filing Defendants Motion to
Exclude Provider Plaintiffs Expert Dr. Daniel J. Slottje and Certain Related
Exhibits (Attachments: # 1 Defendants' Motion to Exclude Provider
Plaintiffs' Expert Dr. Daniel J. Slottje, # 2 Defendants' Memorandum of Law
in Support of Their Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel
J. Slottje, # 3 Exhibit 1 − Excerpts of Dr. Slottje Deposition
Transcript)(Stenerson, Todd) (Entered: 04/24/2020)
04/27/2020
2560
Brief REPORT & RECOMMENDATION OF SEAL MASTER REGARDING
CERTAIN DEFENDANTS JUSTIFICATIONS TO MAINTAIN SEAL ON
CERTAIN EXHIBITS TO SUBSCRIBERS MOTIONS FOR CLASS
CERTIFICATION. (Harwood, R) (Entered: 04/27/2020)
04/27/2020
2561
AMENDED ORDER UNSEALING CERTAIN DOCUMENTS. Signed by
Judge R David Proctor on 4/27/2020. (KAM) (Entered: 04/27/2020)
04/28/2020
2562
ORDER Telephone Status Conference set for 5/19/2020 09:30 AM before
Judge R David Proctor. The Special Master will provide a call−in number for
the telephone status conference, and for caucuses to take place following the
status conference. On or before Friday, May 15, 2020, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference. Signed by Judge R David
362
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 362 of 509
Proctor on 4/28/2020. (KAM) (Entered: 04/28/2020)
04/30/2020
2563
NOTICE by Defendants' Counsel re 2491 Document Sealed Defendants
Notice Of Re−Filing Of Defendants Opposition To Subscribers And
Providers Motions For Class Certification (Attachments: # 1 Exhibit
Defendants Opposition To Subscribers And Providers Motions For Class
Certification)(Hoover, Craig) (Entered: 04/30/2020)
04/30/2020
2564
Evidentiary Material re: 2491 Document Sealed Evidentiary Submission In
Support Of Defendants Opposition To Subscribers And Providers Motions
For Class Certification. (Attachments: # 1 Exhibit DX167, # 2 Exhibit
DX168, # 3 Exhibit DX169, # 4 Exhibit DX170, # 5 Exhibit DX171, # 6
Exhibit DX172, # 7 Exhibit DX173, # 8 Exhibit DX174, # 9 Exhibit DX175,
# 10 Exhibit DX176, # 11 Exhibit DX177, # 12 Exhibit DX178, # 13 Exhibit
DX179, # 14 Exhibit DX180, # 15 Exhibit DX182, # 16 Exhibit DX183, # 17
Exhibit DX184, # 18 Exhibit DX185, # 19 Exhibit DX186, # 20 Exhibit
DX187, # 21 Exhibit DX188, # 22 Exhibit DX189, # 23 Exhibit DX190, # 24
Exhibit DX191, # 25 Exhibit DX192, # 26 Exhibit DX193, # 27 Exhibit
DX199, # 28 Exhibit DX200, # 29 Exhibit DX203, # 30 Exhibit DX204, # 31
Exhibit DX205, # 32 Exhibit DX206, # 33 Exhibit DX207, # 34 Exhibit
DX208, # 35 Exhibit DX209, # 36 Exhibit DX211, # 37 Exhibit DX214, # 38
Exhibit DX215, # 39 Exhibit DX223, # 40 Exhibit DX224, # 41 Exhibit
DX226, # 42 Exhibit DX228, # 43 Exhibit DX229, # 44 Exhibit DX231, # 45
Exhibit DX232, # 46 Exhibit DX233, # 47 Exhibit DX234, # 48 Exhibit
DX235, # 49 Exhibit DX238, # 50 Exhibit DX248, # 51 Exhibit DX249, # 52
Exhibit DX250, # 53 Exhibit DX251, # 54 Exhibit DX252, # 55 Exhibit
DX253, # 56 Exhibit DX254, # 57 Exhibit DX255, # 58 Exhibit DX256, # 59
Exhibit DX257, # 60 Exhibit DX258, # 61 Exhibit DX259, # 62 Exhibit
DX260, # 63 Exhibit DX260.5, # 64 Exhibit DX261, # 65 Exhibit DX262, #
66 Exhibit DX263, # 67 Exhibit DX264, # 68 Exhibit DX265, # 69 Exhibit
DX266, # 70 Exhibit DX267, # 71 Exhibit DX268, # 72 Exhibit DX269, # 73
Exhibit DX270, # 74 Exhibit DX271, # 75 Exhibit DX272, # 76 Exhibit
DX273, # 77 Exhibit DX274, # 78 Exhibit DX275, # 79 Exhibit DX276, # 80
Exhibit DX277)(Hoover, Craig) (Entered: 04/30/2020)
04/30/2020
2565
NOTICE by Defendants' Counsel re 2564 Evidentiary Material,,,,,,, Notice of
Sealed Filing Regarding Evidentiary Submission in Support of Defendants'
Oppostion to Subscribers' and Providers' Motions for Class Certification
(Kimble, Cavender) (Additional attachment(s) added on 5/4/2020: # 1
Exhibit 165, # 2 Exhibit 166, # 3 Exhibit 174, # 4 Exhibit 176, # 5 Exhibit
178, # 6 Exhibit 180, # 7 Exhibit 181, # 8 Exhibit 190, # 9 Exhibit 191, # 10
Exhibit 194, # 11 Exhibit 195, # 12 Exhibit 196, # 13 Exhibit 197, # 14
Exhibit 198, # 15 Exhibit 201, # 16 Exhibit 202, # 17 Exhibit 203, # 18
Exhibit 205, # 19 Exhibit 207, # 20 Exhibit 210, # 21 Exhibit 212, # 22
Exhibit 213, # 23 Exhibit 213.5, # 24 Exhibit 216, # 25 Exhibit 217, # 26
Exhibit 218, # 27 Exhibit 219, # 28 Exhibit 220, # 29 Exhibit 221, # 30
Exhibit 222, # 31 Exhibit 223, # 32 Exhibit 225, # 33 Exhibit 227, # 34
Exhibit 228, # 35 Exhibit 230, # 36 Exhibit 236, # 37 Exhibit 237, # 38
Exhibit 239, # 39 Exhibit 240, # 40 Exhibit 241, # 41 Exhibit 242, # 42
Exhibit 243, # 43 Exhibit 244, # 44 Exhibit 245, # 45 Exhibit 246, # 46
Exhibit 247, # 47 Exhibit 261, # 48 Exhibit 278, # 49 Exhibit 279 part 1, # 50
Exhibit 279 part 2, # 51 Exhibit 280, # 52 Exhibit 281, # 53 Exhibit 282)
(KAM, ). Modified on 5/19/2020 (KAM, ). (Entered: 04/30/2020)
363
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 363 of 509
05/08/2020
2566
NOTICE by Plaintiffs' Counsel re 2408 Brief of Subscribers Amended Filing
(Attachments: # 1 Exhibit 1)(Stokes, Tammy) (Entered: 05/08/2020)
05/08/2020
2567
NOTICE by Plaintiffs' Counsel re 2410 Brief, of Subscribers' Amended
Filing (Attachments: # 1 Exhibit 1)(Stokes, Tammy) (Entered: 05/08/2020)
05/08/2020
2568
NOTICE by Plaintiffs' Counsel re 2457 Evidentiary Material,,,, of
Subscribers' Amended Filing of Exhibit 414 [2457−41] (Attachments: # 1
Exhibit 1)(Stokes, Tammy) (Entered: 05/08/2020)
05/08/2020
2569
NOTICE by Plaintiffs' Counsel re 1555 Document Sealed, of Subscribers'
Amended Filing of Exhibit 318 [1555−2] (Attachments: # 1 Exhibit
1)(Stokes, Tammy) (Entered: 05/08/2020)
05/11/2020
2570
ORDER UNSEALING CERTAIN DOCUMENTS the Clerk of the Court is
directed to unseal the following documents and/or exhibits: [1350−23] and
{1436−46]. Signed by Judge R David Proctor on 5/11/2020. (KAM)
(Entered: 05/11/2020)
05/15/2020
2571
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on May 19 2020 by Special Master. filed by Special
Master (Gentle, Edgar) (Entered: 05/15/2020)
05/19/2020
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 5/19/2020. A separate order will be entered setting the
June status conference. (Court Reporter Risa Entrekin.) (KLL) (Entered:
05/19/2020)
05/20/2020
2572
Transcript of Proceedings held on 5/19/2020, before Judge R David Proctor.
Court Reporter/Transcriber Risa L. Entrekin, Telephone number
334−240−2405. 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. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/10/2020. Redacted Transcript Deadline set for 6/20/2020.
Release of Transcript Restriction set for 8/18/2020. (KEK) (Entered:
05/20/2020)
05/26/2020
2573
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from April 1, 2020 through April 30,
2020 in this matter as it relates to services rendered for both sides of the case,
and totaling $5,000.00. Signed by Judge R David Proctor on 5/26/2020.
(KAM) (Entered: 05/26/2020)
05/26/2020
2574
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from April 1, 2020 through April 30,
2020 in this matter relating solely to services provided to the Plaintiffs, and
totaling $50,500.00. Signed by Judge R David Proctor on 5/26/2020. (KAM)
(Entered: 05/26/2020)
364
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 364 of 509
05/26/2020
2575
***Document Sealed*** SUBSCRIBER PLAINTIFF'S Redacted copy of
privileged material contained within Memorandum of points and authorities
in support of Subscriber Plaintiff's Motion for Partial Summary Judgment on
the application of the Per Se Rule originally filed July 17, 2017 1351 (KAM)
(Entered: 05/26/2020)
05/26/2020
2576
***Document Sealed*** SUBSCRIBER PLAINTIFF'S REDACTED copy
of privileged material contained within Reply Memorandum of points and
authorities in further support of Subscriber Plaintiff's Motion for Partial
Summary Judgment on the application of the Per Se Rule originally filed on
September 15, 2017 1554 (KAM) (Entered: 05/26/2020)
05/27/2020
2577
ORDER Telephone Status Conference set for 6/22/2020 09:30 AM before
Judge R David Proctor. The Special Master will provide a call−in number for
the telephone status conference, and information regarding caucuses to take
place following the status conference. On or before Thursday, June 18, 2020,
the parties SHALL submit a joint report containing a proposed agenda of
items the parties wish to be addressed during the status conference. Signed by
Judge R David Proctor on 5/27/2020. (KAM) (Entered: 05/27/2020)
05/28/2020
2578
NOTICE by Defendants' Counsel re 1352 Document Sealed,,,,,,,,,,,,,,,,,,,,,
1554 Document Sealed, 1555 Document Sealed,, 1351 Document Sealed,
Joint Notice on Certain Standard of Review Materials Filed Under Seal
(Hogewood, Mark) (Entered: 05/28/2020)
05/28/2020
2579
NOTICE by Defendants' Counsel Joint Notice on Certain Class Certification
Material Filed Under Seal 2415 (Hogewood, Mark) (Entered: 05/28/2020)
05/28/2020
2580
ORDER UNSEALING CERTAIN DOCUMENTS − In light of the Report,
the Clerk of the Court is directed to unseal the following document and/or
exhibit: 6/18/2019 Subscriber Plaintiffs' Exhibit 373 ( 2453 −5). Signed by
Judge R David Proctor on 5/28/2020. (KEK) (Entered: 05/28/2020)
06/02/2020
2581
NOTICE by Defendants' Counsel Notice of Filing Joint Comprehensive
Index Regarding Exhibits to the Motions for Summary Judgment Related to
the Standard of Review 1353 1349 1429 1432 1551 1556 1348 2575 2021
1434 1435 2016 2576 2017 1350 2001 1431 2002 1557 2003 (Attachments: #
1 Exhibit Joint Index of Standard of Review Briefing Exhibits)(Hogewood,
Mark) (Entered: 06/02/2020)
06/02/2020
2582
NOTICE by Defendants' Counsel Notice of Filing Joint Comprehensive
Index Regarding Class Certification Material 2563 2491 2487 2555 2493
2489 2492 2488 2466 2557 2476 2468 2558 2475 2465 2559 2480 2478
2409 2567 2410 2407 2566 2411 2421 2413 2414 2412 (Attachments: # 1
Exhibit Joint Index of Class Certification Briefing and Related
Filings)(Hogewood, Mark) (Entered: 06/02/2020)
06/18/2020
2583
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on June 22, 2020 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 06/18/2020)
06/22/2020
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Status Conference held on 6/22/2020. The July status conference will be set
by separate court order. (Court Reporter Risa Entrekin.) (KLL) (Entered:
06/22/2020)
365
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 365 of 509
06/22/2020
2584
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2020 through May 31,
2020 in this matter relating solely to services provided to the Plaintiffs, and
totaling $46,500.00. Signed by Judge R David Proctor on 6/22/2020. (KAM)
(Entered: 06/22/2020)
06/22/2020
2585
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2020 through May 31,
2020 in this matter as it relates to services rendered for both sides of the case,
and totaling $6,000.00. Signed by Judge R David Proctor on 6/22/2020.
(KAM) (Entered: 06/22/2020)
06/23/2020
2586
Transcript of Proceedings held on 6/22/2020, before Judge R David Proctor.
Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/14/2020. Redacted Transcript Deadline set for 7/24/2020.
Release of Transcript Restriction set for 9/21/2020. (KAM) (Entered:
06/23/2020)
06/26/2020
2587
NOTICE of Change of Address by William A Isaacson (Isaacson, William)
(Entered: 06/26/2020)
07/07/2020
2588
ORDER Telephone Conference set for 7/28/2020 09:30 AM before Judge R
David Proctor. The Special Master will provide a call−in number for the
telephone status conference, and information regarding caucuses to take place
following the status conference. On or before Friday, July 24, 2020, the
parties SHALL submit a joint report containing a proposed agenda of items
the parties wish to be addressed during the status conference. Signed by
Judge R David Proctor on 7/7/2020. (KAM) (Entered: 07/07/2020)
07/22/2020
2589
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from June 1, 2020 through June 30,
2020 in this matter as it relates to services rendered for both sides of the case,
and totaling $5,000.00. Signed by Judge R David Proctor on 7/22/2020.
(KAM) (Entered: 07/22/2020)
07/22/2020
2590
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from June 1, 2020 through June 30,
2020 in this matter relating solely to services provided to the Plaintiffs, and
totaling $47,000.00. Signed by Judge R David Proctor on 7/22/2020. (KAM)
(Entered: 07/22/2020)
07/24/2020
2591
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on July 28, 2020 at 9:30 a.m. by Special Master. filed by
Special Master (Gentle, Edgar) (Entered: 07/24/2020)
07/24/2020
2592
366
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 366 of 509
MOTION to Withdraw as Attorney for Subscriber Plaintiffs [Jason M.
Knott] by Plaintiffs' Counsel. (Knott, Jason) (Entered: 07/24/2020)
07/24/2020
2593
TEXT ORDER − This matter is before the court on the Withdrawal of
Appearance filed by Jason M. Knott. 2592 . The Withdrawal 2592 is
GRANTED. The Clerk of the Court is DIRECTED to TERMINATE
Attorney Knott. Signed by Judge R David Proctor on 7/24/2020. (KAM)
(Entered: 07/24/2020)
07/28/2020
Minute Entry for proceedings held before Judge R David Proctor: Telephone
Conference held on 7/28/2020. A separate order will be entered by the court
setting the status conference for August 2020. (Court Reporter Risa
Entrekin.) (KLL) (Entered: 07/28/2020)
07/29/2020
2594
ORDER The parties SHALL meet and confer about (1) lifting the stay and
(2) developing a schedule for proceedings once the stay is lifted; On or
before August 31, 2020,1 the parties SHALL file a joint report regarding
lifting the stay and how matters on the Providers claims should proceed
thereafter. Signed by Judge R David Proctor on 7/29/2020. (KAM) (Entered:
07/29/2020)
07/30/2020
2595
Transcript of Proceedings held on July 28, 2020, before Judge R. David
Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 8/20/2020. Redacted Transcript Deadline set for 8/30/2020.
Release of Transcript Restriction set for 10/28/2020. (KAM) (Entered:
07/30/2020)
08/21/2020
2596
NOTICE of Change of Address by Benjamin L Barnes (Barnes, Benjamin)
(Entered: 08/21/2020)
08/25/2020
2597
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2020 through July 31,
2020 in this matter relating solely to services provided to the Plaintiffs, and
totaling $32,500.00. Signed by Judge R David Proctor on 8/25/2020. (KAM)
(Entered: 08/25/2020)
08/25/2020
2598
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2020 through July 31,
2020 in this matter as it relates to services rendered for both sides of the case,
and totaling $4,000.00. Signed by Judge R David Proctor on 8/25/2020.
(KAM) (Entered: 08/25/2020)
08/31/2020
2599
STATUS REPORT Joint Report Regarding Proposed Schedule by
Defendants' Counsel. filed by Defendants' Counsel (Attachments: # 1 Exhibit
1− Proposed Seventh Amended Scheduling Order)(Hoover, Craig) (Entered:
08/31/2020)
367
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 367 of 509
09/22/2020
2600
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 9/22/2020. (KEK) (Entered:
09/22/2020)
09/24/2020
2601
MOTION to Withdraw as Attorney Casey R. Fronk by California Physicians
Service d/b/a Blue Shield of California. (Fronk, Casey) (Entered:
09/24/2020)
09/24/2020
2602
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney Casey R. Fronk. 2601 The Motion 2601 is GRANTED. The
Clerk of the Court is DIRECTED to TERMINATE attorney Fronk. Signed
by Judge R David Proctor on 9/24/2020. (KAM) (Entered: 09/24/2020)
10/01/2020
2603
SEVENTH AMENDED SCHEDULING ORDER (EXCLUSIVE TO
PROVIDER TRACK) − certain time limits apply as set out in this order.
Signed by Judge R David Proctor on 9/30/2020. (KAM) (Entered:
10/01/2020)
10/09/2020
2604
MOTION to Certify Class Provider Plaintiffs' Renewed Motion for Class
Certification and Supporting Memorandum by Plaintiffs' Counsel. (Whatley,
Joe) (Entered: 10/09/2020)
10/09/2020
2605
RESPONSE in Opposition re 2604 MOTION to Certify Class Provider
Plaintiffs' Renewed Motion for Class Certification and Supporting
Memorandum filed by Defendants' Counsel. (Hoover, Craig) (Entered:
10/09/2020)
10/09/2020
2606
***Document Sealed − Defendants' Opposition to 2604 Renewed Motion for
Class Certification. (KEK) (Entered: 10/09/2020)
10/22/2020
2607
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 10/22/2020. (KEK) (Entered:
10/22/2020)
10/22/2020
2608
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 10/22/2020. (KEK) (Entered:
10/22/2020)
10/30/2020
2609
MOTION for Leave to File Fourth Amended Consolidated Class Action
Complaint by Plaintiffs' Counsel. (Attachments: # 1 Exhibit A − Proposed
Complaint)(Guin, David) (Entered: 10/30/2020)
10/30/2020
2610
MOTION for Settlement Subscriber Plaintiffs Motion for Preliminary
Approval of Proposed Class Settlement by Plaintiffs' Counsel. (Attachments:
# 1 Memorandum of Law in Support of Motion for Preliminary Approval of
Proposed Class Settlement, # 2 Exhibit A Settlement Agreement, # 3 Exhibit
B [Proposed] Order Preliminarily Approving Settlement, # 4 Exhibit C
[Proposed] Final Approval Order of Settlement and Final Judgment and
Order of Dismissal with Prejudice, # 5 Exhibit D [Proposed] Plan of
Distribution, # 6 Exhibit E Settlement Class Counsel Declaration, # 7 Exhibit
F Self−Funded Sub−Class Settlement Counsel Declaration, # 8 Exhibit G
Declaration of Kenneth R. Feinberg, # 9 Exhibit H Declaration of Darrell
Chodorow, # 10 Exhibit I Declaration of Dr. Daniel Rubinfeld, # 11 Exhibit J
Declaration of Dr. Ariel Pakes, # 12 Exhibit K Declaration of Edgar C.
Gentle)(Hausfeld, Michael) Modified on 12/1/2020 (KAM, ). (Entered:
368
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 368 of 509
10/30/2020)
10/30/2020
2611
MOTION for Settlement Subscriber Plaintiffs Motion for Approval of Plan
for Notice and Appointment of Claims Administrator by Plaintiffs' Counsel.
(Attachments: # 1 Memorandum of Law in Support of Motion for Approval
of Plan for Notice and Appointment of Claims Administrator, # 2 Declaration
of Jennifer M. Keough Regarding Proposed Notice Plan (with Exhibits
A−L))(Hausfeld, Michael) Modified on 12/1/2020 (KAM, ). (Entered:
10/30/2020)
10/30/2020
2612
Brief Defendants' Brief in Support of Subscriber Plaintiffs' Motion for
Preliminary Approval of Proposed Class Settlement. (Zott, David) (Entered:
10/30/2020)
10/30/2020
2613
Joint MOTION for Entry of Stipulation and Proposed Order Regarding
Protected Health Information and Personally Identifiable Information for
Subscriber Settlement by Defendants' Counsel. (Attachments: # 1 Text of
Proposed Order − Stipulation & Proposed Order)(Zott, David) (Entered:
10/30/2020)
11/02/2020
2614
TEXT ORDER This matter is before the court on the Motion of the
Subscriber Plaintiffs to File Their Fourth Amended Consolidated Class
Action Complaint. 2609 The Motion 2609 is GRANTED. Subscriber
Plaintiffs are directed to file their proposed Fourth Amended Consolidated
Class Action Complaint with the Clerk of Court. Signed by Judge R David
Proctor on 11/2/2020. (KAM) (Entered: 11/02/2020)
11/02/2020
2615
STIPULATION AND ORDER REGARDING PROTECTED HEALTH
INFORMATION AND PERSONALLY IDENTIFIABLE INFORMATION
FOR SUBSCRIBER SETTLEMENT. Signed by Judge R David Proctor on
11/2/2020. (KAM) (Entered: 11/02/2020)
11/02/2020
2616
AMENDED COMPLAINT Subscriber Plaintiffs' Fourth Amended
Consolidated Class Action Complaint against All Defendants, filed by
Plaintiffs' Counsel.(Guin, David) (Entered: 11/02/2020)
11/03/2020
2617
Joint MOTION FOR ENTRY OF STIPULATION AND PROPOSED
ORDER GOVERNING THE TAKING OF REMOTE DEPOSITIONS OF
EXPERTS by Defendants' Counsel. (Attachments: # 1 Text of Proposed
Order)(Hoover, Craig) (Entered: 11/03/2020)
11/04/2020
2618
STIPULATION AND ORDER GOVERNING THE TAKING OF REMOTE
DEPOSITIONS OF EXPERTS − This matter is before the court on the Joint
Motion for Entry of Stipulation and Proposed Order Governing the Taking of
Remote Depositions of Experts (Doc. # 2617 ), filed by Provider Plaintiffs
and Defendants. The Joint Motion (Doc. # 2617 ) is GRANTED. Signed by
Judge R David Proctor on 11/4/2020. (KEK) (Entered: 11/04/2020)
11/04/2020
2619
ORDER − This matter is before the court on (1) Subscriber Plaintiffs' Motion
for Preliminary Approval of Proposed Class Settlement (Doc. # 2610 ); and
(2) Subscriber Plaintiffs' Motion for Approval of Plan for Notice and
Appointment of Claims Administrator (Doc. # 2611 ). A Preliminary
Approval Hearing on Subscriber Plaintiffs' Motions is SET for 9:00 a.m.
Central Time on Monday, November 16, 2020. The hearing will take place
remotely via Zoom webinar.Further information, including a Zoom link, will
369
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 369 of 509
be forthcoming under separate order. Signed by Judge R David Proctor on
11/4/2020. (KEK) (Entered: 11/04/2020)
11/10/2020
2620
ORDER REGARDING ACCESS TO PRELIMINARY APPROVAL
HEARING. Signed by Judge R David Proctor on 11/9/2020. (KAM)
(Entered: 11/10/2020)
11/11/2020
2621
NOTICE by Plaintiffs' Counsel re 2610 MOTION for Settlement Subscriber
Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement
(Attachments: # 1 Amended [Proposed] Final Approval Order of Settlement
and Final Judgment and Order of Dismissal with Prejudice)(Hausfeld,
Michael) (Entered: 11/11/2020)
11/12/2020
2622
TEXT ORDER − To clarify the courts Order Regarding Access to the
November 16, 2020 Preliminary Approval Hearing 2620 , video access to the
hearing will be available only to counsel who the court anticipates will be
speaking or presenting at the hearing. All other access will be audio only via
the courts public help desk. Signed by Judge R David Proctor on 11/12/2020.
(KAM) (Entered: 11/12/2020)
11/12/2020
2623
RESPONSE to Motion re 2610 MOTION for Settlement Subscriber
Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement
filed by Brett Watts, Judy Sheridan, Constance Dummer. (Cowan, R)
(Entered: 11/12/2020)
11/13/2020
2624
NOTICE of Appearance by Samuel Issacharoff on behalf of Plaintiffs'
Counsel (Issacharoff, Samuel) (Entered: 11/13/2020)
11/16/2020
Minute Entry for proceedings held before Judge R David Proctor:
Preliminary Approval Settlement Conference held on 11/16/2020. (Court
Reporter Risa Entrekin.) (KLL) (Entered: 11/17/2020)
11/17/2020
2625
NOTICE by Plaintiffs' Counsel of Filing PowerPoint Slide Presentation from
Preliminary Approval Hearing (Attachments: # 1 Exhibit)(Guin, David)
(Entered: 11/17/2020)
11/19/2020
2626
Transcript of Proceedings − HEARING ON PRELIMINARY APPROVAL
OF SUBSCRIBER TRACK SETTLEMENT held on November 17, 2020,
before Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/10/2020. Redacted Transcript Deadline set for 12/20/2020.
Release of Transcript Restriction set for 2/17/2021. (KAM) (Entered:
11/19/2020)
11/23/2020
2627
RESPONSE to re 2623 , 2610 POST−HEARING SUBMISSION MOTION
FOR CLASS SETTLMENT APPROVAL filed by Constance Dummer, Judy
Sheridan, Brett Watts. (Cowan, R) (Entered: 11/23/2020)
370
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 370 of 509
11/23/2020
2628
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2610 MOTION for
Settlement Subscriber Plaintiffs Motion for Preliminary Approval of
Proposed Class Settlement filed by Plaintiffs' Counsel. (Attachments: # 1
Exhibit 1 − Excerpts of 11/16/20 Hearing Transcript)(Hausfeld, Michael)
(Entered: 11/23/2020)
11/23/2020
2631
** SEALED MOTION** PROVIDER PLAINTIFFS' Motion to Exclude
Defendants' Expert Lawrence Wu, PhD and Memorandum in Support.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(KAM)
(Entered: 11/24/2020)
11/23/2020
2632
***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in
Opposition to Defendants' Motion to Exclude Provider Plaintiffs' Expert Dr.
Daniel J. Slottje (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (KAM) (Entered:
11/24/2020)
11/23/2020
2633
***SEALED MOTION*** PROVIDER PLAINTIFFS' MOTION TO
EXCLUDE Dr. Ariel Pakes. (KAM) (Entered: 11/24/2020)
11/23/2020
2634
***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in
Opposition to Defendants' Motion to Exclude Providers' expert H.E. Frech III
(Attachments: # 1 Exhibit 1) (KAM) (Entered: 11/24/2020)
11/23/2020
2635
***SEALED MOTION*** PROVIDER PLAINTIFFS' MOTION to Exclude
or Strike the expert testimony, opinions and analysis of Janusz Ordover, PhD
and brief in support. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
3)(KAM) (Entered: 11/24/2020)
11/23/2020
2636
***Document Sealed*** PROVIDER PLAINTIFFS' RESPONSE in
OPPOSITION to Defendants' Motion to exclude or stike expert testimony,
opinions, and analysis of Dr. Deborah Haas−Wilson (Attachments: # 1
Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6
Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (KAM) (Entered: 11/24/2020)
11/23/2020
2639
*** SEALED MOTION *** PROVIDER PLAINTIFFS' MOTION to
Exclude Defendants' Expert Kevin M. Murphy and Memorandum in support.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5
Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10
Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit
14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19
Exhibit 19, # 20 Exhibit 20)(KAM) (Entered: 11/24/2020)
11/24/2020
2629
Brief Defendants' Submission Regarding Proposed Preliminary and Final
Approval Orders. (Zott, David) (Entered: 11/24/2020)
11/24/2020
2630
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Proposed Language for
Inclusion in the Subscriber Settlement Preliminary and Final Approval
Orders (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whatley, Joe) (Entered:
11/24/2020)
11/24/2020
2637
REPLY to re 2629 Provider Plaintiffs' Reply to Defendants' Submission
Regarding Proposed Preliminary and Final Approval Orders filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 11/24/2020)
11/24/2020
2638
371
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 371 of 509
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2020 through
October 31, 2020 in this matter relating solely to services provided to the
Plaintiffs, and totaling $43,600.00. Signed by Judge R David Proctor on
11/24/2020. (KAM) (Entered: 11/24/2020)
11/24/2020
2640
Brief re 2630 Notice (Other) Defendants' Response to Provider Plaintiffs'
Proposed Language for Inclusion in the Subscriber Settlement Preliminary
and Final Approval Orders. (Zott, David) (Entered: 11/24/2020)
11/30/2020
2641
MEMORANDUM OPINION AND ORDER PRELIMINARILY
APPROVING SETTLEMENT, PLAN OF DISTRIBUTION, AND NOTICE
PLAN, AND DIRECTING NOTICE TO THE CLASS; The court finds that
the Proposed Plan of Distribution is within the range of reasonableness,
fairness, and adequacy so that it may be sent to the members of the
Settlement Classes, and it is hereby PRELIMINARILY APPROVED; Final
Approval Hearing set for Wednesday, October 20, 2021 10:00 AM Central
Time, continuing on Thursday, October 2021, if necessarybefore Judge R
David Proctor.. Signed by Judge R David Proctor on 11/30/2020. (KAM)
(Entered: 11/30/2020)
12/02/2020
2642
***Document Sealed*** PROVIDER PLAINTIFFS REPLY IN SUPPORT
OF THEIR RENEWED MOTION FOR CLASS CERTIFICATION AND
SUPPORTING MEMORANDUM (KAM) (Entered: 12/02/2020)
12/02/2020
2643
PROVIDER PLAINTIFFS' Executive Summary of Reply Report of H. E.
Frech III,Ph.D. (KAM) Document unsealed by order 2669 Modified on
1/20/2021 (KAM). (Entered: 12/02/2020)
12/02/2020
2644
NOTICE by Defendants' Counsel Executive Summary of Expert Report of
Nancy L. Litwinski (Zott, David) (Entered: 12/02/2020)
12/02/2020
2645
NOTICE by Defendants' Counsel Executive Summary of Expert Report of
Lisa B. Perlmutter (Zott, David) (Entered: 12/02/2020)
12/02/2020
2646
NOTICE by Defendants' Counsel Executive Summary of Expert Report of R.
Lawrence Van Horn, Ph.D. (Zott, David) (Entered: 12/02/2020)
12/02/2020
2647
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2604 MOTION to
Certify Class Provider Plaintiffs' Renewed Motion for Class Certification
and Supporting Memorandum (Public Version) filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 12/02/2020)
12/02/2020
2648
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Reply Report of H.E. Frech, III, Ph.D. (Public Version) (Whatley, Joe)
(Entered: 12/02/2020)
12/02/2020
2649
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Rebuttal Class Certification Expert Report of Daniel J. Slottje, Ph.D.
(Whatley, Joe) (Entered: 12/02/2020)
12/02/2020
2650
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Executive Summary of
Rebuttal Expert Report of Deborah Haas−Wilson, Ph.D. (Whatley, Joe)
(Entered: 12/02/2020)
12/02/2020
2651
372
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 372 of 509
NOTICE by Blue Cross and Blue Shield of Alabama Executive Summary of
Expert Report of David Dillon (Burkhalter, Carl) (Entered: 12/02/2020)
12/02/2020
2652
NOTICE by Defendants' Counsel Executive Summary of the Expert Report of
Dr. David S. Evans (DeMasi, Karin) (Entered: 12/02/2020)
12/02/2020
2653
NOTICE by Defendants' Counsel Executive Summary of the Expert Report of
Dr. Robert H. Topel (DeMasi, Karin) (Entered: 12/02/2020)
12/08/2020
2654
Transcript (Corrected) of Proceedings held on November 16, 2020, before
Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 12/29/2020. Redacted Transcript Deadline set for 1/8/2021.
Release of Transcript Restriction set for 3/8/2021. (KAM) (Entered:
12/08/2020)
12/16/2020
2655
MOTION To Exclude Defendants' Expert Kevin M. Murphy and
Memorandum In Support Thereof (Public Version) by Plaintiffs' Counsel.
(Whatley, Joe) Modified on 1/27/2021 (KAM, ). (Entered: 12/16/2020)
12/16/2020
2656
MOTION and Supporting Memorandum of Law In Support of Motion to
Exclude or Strike the Expert Testimony, Opinions, and Analysis of Janusz
Ordover, Ph.D. (Public Version) by Plaintiffs' Counsel. (Whatley, Joe)
Modified on 1/27/2021 (KAM, ). (Entered: 12/16/2020)
12/17/2020
2657
ORDER UNSEALING CERTAIN DOCUMENTS − This matter is before
the court on the Seal Team's December 16, 2020 Report regarding additional
sealed documents that the parties agree can be unsealed. Signed by Judge R
David Proctor on 12/17/2020. (KEK) (Entered: 12/17/2020)
12/22/2020
2658
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 12/22/2020. (KEK) (Entered:
12/22/2020)
12/22/2020
2659
ORDER − This case is SET for a video status conference at 10:30 a.m. on
Wednesday, January 27, 2021. The Special Master will provide access
information for the video status conference, and information regarding video
caucuses to take place following the status conference. On or before Friday,
January 22, 2021, the parties SHALL submit a joint report containing a
proposed agenda of items the parties wish to be addressed during the status
conference. Signed by Judge R David Proctor on 12/22/2020. (KEK)
(Entered: 12/22/2020)
12/30/2020
2660
Transcript of Proceedings (Telephonic Status Conference) held on
12/29/2020, before Judge R. David Proctor. Court Reporter/Transcriber Risa
L. Entrekin. Transcript may be viewed at the court public terminal or
purchased through the Court Reporter/Transcriber before the deadline for
373
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 373 of 509
Release of Transcript Restriction. After that date it may be obtained through
PACER. NOTICE: The parties have seven (7) calendar days to file with the
Court a Notice of Intent to Request Redaction of this transcript. If no such
Notice is filed, the transcript will be made remotely electronically available
to the public without redaction after 90 calendar days. (A copy can be
obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 1/20/2021. Redacted Transcript Deadline set for 1/30/2021.
Release of Transcript Restriction set for 3/30/2021. (KAM) (Entered:
12/30/2020)
01/05/2021
2661
AMENDED ORDER − The January 27, 2021 status conference will be
conducted by telephone. The Special Master will provide access information
for the status conference. On or before Friday, January 22, 2021, the
parties SHALL submit a joint report containing a proposed agenda of items
the parties wish to be addressed during the status conference.. Signed by
Judge R David Proctor on 1/5/2021. (KAM) (Entered: 01/05/2021)
01/08/2021
2662
NOTICE of Appearance by Eric B Snyder on behalf of All Plaintiffs (Snyder,
Eric) (Entered: 01/08/2021)
01/19/2021
2663
RESPONSE to re 2639 Defendants' Response to Providers' Motion to
Exclude the Expert Testimony of Professor Kevin Murphy (Public Version)
filed by Defendants' Counsel. (Zott, David) (Entered: 01/19/2021)
01/19/2021
2664
***Document Sealed*** Defendants' RESPONSE to Provider's MOTION to
exclude the expert testimony of Professor Kevin Murphy (KAM) (Entered:
01/19/2021)
01/19/2021
2665
RESPONSE to Motion re 2633 SEALED MOTION Defendants' Response to
Providers' Motion to Exclude Subscriber Expert Dr. Pakes in the Provider
Track filed by Defendants' Counsel. (Attachments: # 1 Exhibit 1 −
Haas−Wilson Dep. Excerpts)(Hoover, Craig) (Entered: 01/19/2021)
01/19/2021
2666
RESPONSE in Opposition re 2635 SEALED MOTION Defendants
Opposition To Provider Plaintiffs Motion To Exclude Or Strike The Expert
Testimony, Opinions, And Analysis Of Janusz Ordover, Ph.D. filed by
Defendants' Counsel. (Hoover, Craig) (Entered: 01/19/2021)
01/19/2021
2667
RESPONSE to Motion re 2633 SEALED MOTION Subscriber Plaintiffs'
Response to Providers' Motion Regarding Dr. Ariel Pakes filed by Plaintiffs'
Counsel. (Hausfeld, Michael) (Entered: 01/19/2021)
01/19/2021
2668
RESPONSE in Opposition re 2631 SEALED MOTION Defendants
Opposition To Providers Motion To Exclude Defendants Expert Lawrence
Wu, Ph.D. filed by Defendants' Counsel. (Hoover, Craig) (Entered:
01/19/2021)
01/20/2021
2669
ORDER UNSEALING CERTAIN DOCUMENTS. Signed by Judge R David
Proctor on 1/19/2021. (KAM) (Entered: 01/20/2021)
01/22/2021
2670
STATUS REPORT Report Regarding Proposed Agenda for Telephonic
Status Conference on January 27, 2021 at 10:30 a.m. (Central) by Special
Master. filed by Special Master (Gentle, Edgar) (Entered: 01/22/2021)
374
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 374 of 509
01/22/2021
2671
MOTION to Appoint Counsel Unopposed Motion of Subscribers' Co−Lead
Counsel to Obtain Court Approval for the Appointment of Charles J. Cooper
to the Plaintiffs' Steering Committee for the Subscriber Track by Special
Master. (Gentle, Edgar) (Entered: 01/22/2021)
01/25/2021
2672
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 1/25/2021. (KAM) (Entered:
01/25/2021)
01/25/2021
2673
ORDER this matter is before the court on 2671 MOTION to Appoint
Counsel Unopposed Motion of Subscribers' Co−Lead Counsel to Obtain
Court Approval for the Appointment of Charles J. Cooper to the Plaintiffs'
Steering Committee for the Subscriber Track filed by Special Master; the
Motion is GRANTED; The Court therefore APPROVES and APPOINTS
Charles J. Cooper to serve on the Plaintiffs Steering Committee for the
Subscriber Track. Signed by Judge R David Proctor on 1/225/2021. (KAM)
(Entered: 01/25/2021)
01/27/2021
2674
NOTICE of Appearance by Kimberly Francis on behalf of Plaintiffs' Counsel
(Francis, Kimberly) (Entered: 01/27/2021)
01/27/2021
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 1/27/2021. The court will enter a separate order setting
the next status conference. (Court Reporter Risa Entrekin.) (KLL) (Entered:
01/27/2021)
01/28/2021
2675
NOTICE by Defendants' Counsel re 2666 Response in Opposition to Motion,
(Kimble, Cavender) (Entered: 01/28/2021)
01/28/2021
2676
***Document Sealed − EVIDENTIARY SUBMISSION IN SUPPORT of
Defendant's Opposition to Provider Plaintiff's Motion to Exclude of Strike
the Expert Testimony, Opinions, and Analysis of Janusz Ordover, PH.D.
(KEK) (Entered: 01/28/2021)
01/28/2021
2677
Evidentiary Material re: 2668 Response in Opposition to Motion Evidentiary
Submission In Support Of Defendants Opposition To Providers Motion To
Exclude Defendants Expert Lawrence Wu, Ph.D.. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Hoover, Craig) (Entered: 01/28/2021)
01/28/2021
2678
Evidentiary Material re: 2666 Response in Opposition to Motion, Evidentiary
Submission In Support Of Defendants Opposition To Provider Plaintiffs
Motion To Exclude Or Strike The Expert Testimony, Opinions, And Analysis
Of Janusz Ordover, Ph.D.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3)(Hoover, Craig) (Entered: 01/28/2021)
01/29/2021
2679
Evidentiary Material re: 2664 Document Sealed, 2663 Response (other)
Evidentiary Submission in Support of Defendants' Response to Providers'
Motion to Exclude the Expert Testimony of Professor Kevin Murphy.
(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)(Zott, David) (Entered:
01/29/2021)
01/29/2021
2680
***Document Sealed*** Evidentiary submission in support of Defendants'
Response to Providers' Motion to Exclude the Expert Testimony of Professor
375
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 375 of 509
Kevin Murphy (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F)
(KAM) (Entered: 01/29/2021)
02/01/2021
2681
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of Merits and Damages Rebuttal Report of H.E. Frech, III, Ph.D.
(Whatley, Joe) (Entered: 02/01/2021)
02/01/2021
2682
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of the Expert Rebuttal Report of Deborah Haas−Wilson, Ph.D.
(Whatley, Joe) (Entered: 02/01/2021)
02/01/2021
2683
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of Merits and Damages Rebuttal Report of Daniel J. Slottje, Ph.D.
(Whatley, Joe) (Entered: 02/01/2021)
02/01/2021
2684
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of Expert Report of Thomas D. Gober, CFE (Whatley, Joe)
(Entered: 02/01/2021)
02/01/2021
2685
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of Expert Report of Catherine Tucker, Ph.D. (Whatley, Joe)
(Entered: 02/01/2021)
02/01/2021
2686
NOTICE by Plaintiffs' Counsel of Filing Provider Plaintiffs' Executive
Summary of Merits and Damages Rebuttal Report of Roy Goldman Ph.D.
FSA MAAA CERA (Whatley, Joe) (Entered: 02/01/2021)
02/02/2021
2687
NOTICE of Appearance by Cason M Kirby on behalf of Blue Cross Blue
Shield Michigan (Kirby, Cason) (Entered: 02/02/2021)
02/02/2021
2688
NOTICE of Appearance by Cason M Kirby on behalf of Blue Cross Blue
Shield Michigan (Kirby, Cason) (Entered: 02/02/2021)
02/02/2021
2689
Transcript of Proceedings (Telephone Conference) held on 1/27/2021, before
Judge R. David Proctor. Court Reporter/Transcriber Risa L. Entrekin.
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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 2/23/2021. Redacted Transcript Deadline set for 3/5/2021.
Release of Transcript Restriction set for 5/3/2021. (KAM) (Entered:
02/02/2021)
02/02/2021
2690
REPLY to re 2478 Defendants' Reply in Support of Corrected Motion to
Exclude Providers' Expert H.E. Frech, III filed by Defendants' Counsel.
(Donnell, Sarah) (Entered: 02/02/2021)
02/02/2021
2691
REPLY Brief filed by Defendant Defendants' Counsel re: 2463 Notice
(Other) Reply In Support Of Defendants Motion To Exclude Or Strike The
Expert Testimony, Opinions, And Analysis Of Dr. Deborah Haas−Wilson
filed by Defendants' Counsel. (Hoover, Craig) (Entered: 02/02/2021)
376
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 376 of 509
02/02/2021
2692
RESPONSE in Support re 2477 SEALED MOTION of Motion to Exclude
Provider Plaintiffs' Expert Dr. Daniel J. Slottje filed by Blue Cross Blue
Shield Michigan. (Kirby, Cason) (Entered: 02/02/2021)
02/02/2021
2693
***Document Sealed*** Defendants' Reply in support of their Motion to
Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (KAM) (Entered:
02/03/2021)
02/03/2021
2694
RESPONSE in Support re 2477 SEALED MOTION Defendants'
*Corrected* Reply in Support of their Motion to Exclude Provider Plaintiffs'
Expert Dr. Daniel J. Slottje filed by Blue Cross Blue Shield Michigan.
(Kirby, Cason) (Entered: 02/03/2021)
02/03/2021
2695
***Document Sealed** Defendants' CORRECTED Reply in Support of their
Motion to Exclude Provider Plaintiffs' Expert Dr. Daniel J. Slottje (KAM)
(Entered: 02/04/2021)
02/04/2021
2696
Evidentiary Material re: 2690 REPLY (other) Evidentiary Submission in
Support of Defendants' Reply in Support of Corrected Motion to Exclude
Providers' Expert H.E. Frech, III. (Attachments: # 1 Exhibit A, # 2 Exhibit
B)(Donnell, Sarah) (Entered: 02/04/2021)
02/04/2021
2697
Evidentiary Material re: 2691 Reply Brief, Evidentiary Submission In
Support Of Reply In Support Of Defendants Motion To Exclude Or Strike The
Expert Testimony, Opinions, And Analysis Of Dr. Deborah Haas−Wilson.
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hoover, Craig) (Entered:
02/04/2021)
02/09/2021
2698
Evidentiary Material re: 2694 Response in Support of Motion to Exclude
Provider Plaintiffs' Expert Dr. Daniel J. Slottje. (Attachments: # 1 Exhibit
Exhibit 1 − Slottje Excerpts, # 2 Exhibit Exhibit 2 − Slottje Excerpts, # 3
Exhibit Exhibit 3 − Kellogg Excerpts, # 4 Exhibit Exhibit 4 − Haas−Wilson
Excerpts, # 5 Exhibit Exhibit 5 − Haas−Wilson Excerpts, # 6 Exhibit Exhibit
6 − Filed Under Seal, # 7 Exhibit Exhibit 7 − Filed Under Seal, # 8 Exhibit
Exhibit 8 − Findlay Excerpts, # 9 Exhibit Exhibit 9 − Filed Under Seal, # 10
Exhibit Exhibit 10 − BCBSA00115424 Excerpt)(Kirby, Cason) (Entered:
02/09/2021)
02/09/2021
2699
***Document Sealed*** Evidentiary Submission in Support of Defendants'
Correctede Reply in Support of Their Motion to Exclude Provider Plaintiffs'
Expert Dr. Daniel J. Slottje (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8
Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10) (KAM) (Entered: 02/10/2021)
02/12/2021
2700
Evidentiary Material re: 2634 Document Sealed Evidentiary Submission in
Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion
to Exclude Provider Plaintiffs' Expert H. E. Frech, III Ph.D.. (Attachments: #
1 Exhibit 1)(Whatley, Joe) (Entered: 02/12/2021)
02/12/2021
2701
Evidentiary Material re: 2636 Document Sealed, Evidentiary Submission in
Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion
to Exclude Provider Plaintiffs' Expert Deborah Haas−Wilson, Ph.D..
(Attachments: # 1 Exhibit 1)(Whatley, Joe) (Entered: 02/12/2021)
02/12/2021
2702
377
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 377 of 509
Evidentiary Material re: 2655 MOTION To Exclude Defendants' Expert
Kevin M. Murphy and Memorandum In Support Thereof (Public Version),
2639 SEALED MOTION Evidentiary Submission in Support of Provider
Plaintiffs' Motion to Exclude Defendants' Expert Kevin M. Murphy.
(Attachments: # 1 Exhibit 1)(Whatley, Joe) (Entered: 02/12/2021)
02/12/2021
2703
Evidentiary Material re: 2632 Document Sealed Evidentiary Submission in
Support of Provider Plaintiffs' Response in Opposition to Defendants' Motion
to Exclude Provider Plaintiffs' Expert Dr. Daniel Slottje. (Attachments: # 1
Exhibit 1)(Whatley, Joe) (Entered: 02/12/2021)
02/16/2021
2704
NOTICE by Defendants' Counsel Proof of Service of Notice of Settlement
Under Class Action Fairness Act (Attachments: # 1 Exhibit 1 − Affidavit of
Daniel Laytin, # 2 Exhibit 2 − CAFA Notice Letter)(Laytin, Daniel)
(Entered: 02/16/2021)
02/22/2021
2705
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from November 1, 2020 through
January 31, 2021 in this matter as it relates to services rendered for both sides
of the case, and totaling $6,500.00. Signed by Judge R David Proctor on
2/22/2021. (KAM) (Entered: 02/22/2021)
02/22/2021
2706
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2021 through
January 31, 2021 in this matter relating solely to services provided to the
Plaintiffs, and totaling $56,500.00. Signed by Judge R David Proctor on
2/22/2021. (KAM) (Entered: 02/22/2021)
02/22/2021
2707
REPLY to re 2633 Provider Plaintiffs' Reply In Support of Their Motion to
Exclude Dr. Pakes in the Provider Track Because, As Defendants Themselves
Have Admitted, Dr. Pakes's Testimony is Inadmissible and Notice of Joinder,
Adoption and Incorporation of Defendants' Motion to Exclude or Strike the
Expert Testimony, Opinions and Analysis of Dr. Ariel Pakes filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 02/22/2021)
02/22/2021
2708
REPLY to re 2631 Provider Plaintiffs' Reply In Support of Their Motion to
Exclude Defendants' Expert Lawrence Wu, Ph.D. filed by Plaintiffs' Counsel.
(Whatley, Joe) (Entered: 02/22/2021)
02/22/2021
2709
REPLY to re 2635 Provider Plaintiffs' Reply Memorandum of Law in
Support of Motion to Exclude or Strike the Expert Testimony, Opinions, and
Analysis of Janusz Ordover, Ph.D. (Public Version) filed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 02/22/2021)
02/22/2021
2710
REPLY to re 2639 Provider Plaintiffs' Reply In Support of Their Motion to
Exclude Defendants' Expert Kevin M. Murphy and Memorandum In Support
Thereof (Public Version) filed by Plaintiffs' Counsel. (Whatley, Joe)
(Entered: 02/22/2021)
02/23/2021
2711
Evidentiary Material re: 2708 REPLY (other) In Support of Provider
Plaintiffs' Reply In Support of Their Motion to Exclude Defendants' Expert
Lawrence Wu, Ph.D.. (Attachments: # 1 Exhibit 10, # 2 Exhibit 11, # 3
Exhibit 12)(Whatley, Joe) (Entered: 02/23/2021)
02/23/2021
2712
378
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 378 of 509
***Document Sealed** PROVIDER PLAINTIFFS REPLY IN SUPPORT
OF THEIR MOTION TO EXCLUDE DEFENDANTS EXPERT KEVIN M.
MURPHY AND MEMORANDUM IN SUPPORT (Attachments: # 1 Exhibit
21, # 2 Exhibit 22, # 3 Exhibit 23, # 4 Exhibit 24, # 5 Exhibit 25, # 6 Exhibit
26, # 7 Exhibit 27, # 8 Exhibit 28, # 9 Exhibit 29, # 10 Exhibit 30, # 11
Exhibit 31, # 12 Exhibit 32, # 13 Exhibit 33, # 14 Exhibit 34, # 15 Exhibit
35, # 16 Exhibit 36, # 17 Exhibit 37, # 18 Exhibit 38) (KAM) (Entered:
02/23/2021)
02/23/2021
2713
***Document Sealed*** PROVIDER PLAINTIFFS REPLY
MEMORANDUM OF LAW IN SUPPORT OFMOTION TO EXCLUDE
OR STRIKE THE EXPERT TESTIMONY, OPINIONS, ANDANALYSIS
OF JANUSZ ORDOVER, PH.D. (Attachments: # 1 Exhibit 4, # 2 Exhibit 5)
(KAM) (Entered: 02/23/2021)
03/05/2021
2714
ORDER − In recent consultation with Providers and the Blues, it appears that
both sides seek to further re−visit the appropriate standard of review
applicable to Providers' claims. Therefore, it is ORDERED as follows: 1. On
or before March 15, 2021, counsel for Providers and the Blues SHALL (a)
meet and confer regarding an efficient manner to revisit the standard of
review issue as to Providers' claims, and (b) file a joint report containing a
proposed aggressive briefing schedule. 2. Because the court believes that any
further ruling on the standard of review applicable to Providers' claims will
impact a decision on the appropriateness of class certification on those
claims, on the court's own motion, the Clerk of the Court is DIRECTED to
TERMINATE the pending Motion for Class Certification and Motions to
Exclude Defendants' class certification experts. (Docs. # 2604 , 2631 , 2633 ,
2635 , and 2639 ). After disposition of the standard of review issue, the court
will confer with counsel for Providers and the Blues to determine whether the
Motions may be reinstated, or whether revised briefing will be required.
Signed by Judge R David Proctor on 3/5/2021. (KEK) (Entered: 03/05/2021)
03/12/2021
2715
MOTION to Amend/Correct 2641 Order,,, Set Hearings,, Unopposed Motion
to Amend Plan of Distribution for Clarity and to Amend Preliminary
Approval Order Regarding Filing of Objections by Plaintiffs' Counsel.
(Attachments: # 1 Exhibit A − [Proposed] Plan of Distribution, # 2 Text of
Proposed Order)(Hausfeld, Michael) (Entered: 03/12/2021)
03/15/2021
2716
ORDER AMENDING PLAN OF DISTRIBUTION AND PRELIMINARY
APPROVAL ORDER REGARDING FILING OF OBJECTIONS − This
matter is before the court on Settlement Class Counsel's Unopposed Motion
to Amend Plan of Distribution for Clarity and to Amend Preliminary
Approval Order Regarding Filing of Objections. (Doc. # 2715 ). The Motion
(Doc. # 2715 ) is GRANTED. Signed by Judge R David Proctor on
3/15/2021. (KEK) (Entered: 03/15/2021)
03/15/2021
2717
STATUS REPORT Joint Report Regarding Proposed Schedule by
Defendants and Provider Plaintiffs (Attachments: # 1 Exhibit 1)(DeMasi,
Karin) Modified on 3/16/2021 (KAM, ). (Entered: 03/15/2021)
03/16/2021
2718
EIGHTH AMENDED SCHEDULING ORDER (EXCLUSIVE TO
PROVIDER TRACK) All motions related to the antitrust standard of review
applicable to Providers claims in this case (the Standard of Review) are due
on or before May 21, 2021; Any opposition to motions related to the
379
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 379 of 509
Standard of Review is due on or before June 21, 2021; Any reply in support
of motions related to the Standard of Review is due on or before July 12,
2021; All potentially dispositive motions on issues of liability which are not
critically dependent on the outcome of class certification, materials in
support, and supporting expert reports under Fed. R. Civ. P. 26(a)(2) are due
on or before June 18, 2021; The parties will meet and confer as to an
appropriate briefing schedule after the filing of such a Motion or Motions,
and present a schedule or competing proposals to the court by no later than
June 25, 2021. Signed by Judge R David Proctor on 3/16/2021. (KAM)
(Entered: 03/16/2021)
03/22/2021
2719
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from February 1, 2021 through
February 28, 2021 in this matter relating solely to services provided to the
Plaintiffs, and totaling $67,500.00. Signed by Judge R David Proctor on
3/22/2021. (KAM) (Entered: 03/22/2021)
04/23/2021
2720
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 4/23/2021. (KEK) (Entered:
04/23/2021)
05/06/2021
2721
ORDER − This case is SET for a status conference at 9:30 a.m. on Tuesday,
June 29, 2021, in Courtroom 8 of the Hugo L. Black United States
Courthouse, 1729 5th Avenue North, Birmingham, Alabama. The Special
Master will provide Zoom access information for those unable to attend in
person. On or before Friday, June 25, 2021, the parties SHALL submit a joint
report containing a proposed agenda of items the parties wish to be addressed
during the status conference. Signed by Judge R David Proctor on 5/6/2021.
(KEK) (Entered: 05/06/2021)
05/10/2021
2722
Evidentiary Material re: 2642 Document Sealed in Support of Provider
Plaintiffs' Reply In Support of Their Renewed Motion for Class Certification.
(Attachments: # 1 Exhibit 56, # 2 Exhibit 57, # 3 Exhibit 58, # 4 Exhibit 59,
# 5 Exhibit 60, # 6 Exhibit 61, # 7 Exhibit 62, # 8 Exhibit 63, # 9 Exhibit 64,
# 10 Exhibit 65, # 11 Exhibit 66, # 12 Exhibit 67)(Whatley, Joe) (Entered:
05/10/2021)
05/10/2021
2723
REPLY to re 2635 Provider Plaintiffs' Reply Memorandum of Law in
Support of Motion to Exclude or Strike the Expert Testimony, Opinions, and
Analysis of Janusz Ordover, Ph.D. (Corrected Public Version) filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 05/10/2021)
05/10/2021
2724
***Document Sealed*** PROVIDER PLAINTIFF'S Evidentiary Submission
in support of Reply in support of their Renewed Motion for Class
Certification (Attachments: # 1 Exhibit 56, # 2 Exhibit 57, # 3 Exhibit 61, # 4
Exhibit 66, # 5 Exhibit 67) (KAM) (Entered: 05/10/2021)
05/11/2021
2725
ORDER UNSEALING CERTAIN DOCUMENTS as set out in this order.
Signed by Judge R David Proctor on 5/11/2021. (KAM) (Entered:
05/11/2021)
05/18/2021
2726
ORDER APPROVING PLAINTIFFS= LIAISON COUNSEL=S FEE
APPLICATION. Signed by Judge R David Proctor on 5/18/2021. (KAM)
(Entered: 05/18/2021)
380
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 380 of 509
05/21/2021
2727
MOTION for Summary Judgment ("Defendants' Motion Regarding The
Antitrust Standard Of Review Applicable To Provider Plaintiffs' Section 1
Claims Pursuant To Federal Rule Of Civil Procedure 56") by Defendants'
Counsel. (Chesler, Evan) (Entered: 05/21/2021)
05/21/2021
2728
Brief re 2727 MOTION for Summary Judgment ("Defendants' Motion
Regarding The Antitrust Standard Of Review Applicable To Provider
Plaintiffs' Section 1 Claims Pursuant To Federal Rule Of Civil Procedure
56") filed by Defendants' Counsel. (Chesler, Evan) (Entered: 05/21/2021)
05/21/2021
2729
SEALED MOTION − PROVIDER PLAINTIFFS' MOTION FOR PARTIAL
SUMMARY JUDGMENT REGARDING THE STANDARD OF REVIEW
FOR THEIR GROUP BOYCOTT CLAIMS. (KEK) (Entered: 05/24/2021)
05/21/2021
2730
SEALED MOTION − PROVIDER PLAINTIFFS' MOTION FOR PARTIAL
SUMMARY JUDGMENT REGARDING THE STANDARD OF REVIEW
IN LIGHT OF AMEX. (KEK) (Entered: 05/24/2021)
05/24/2021
2731
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 5/24/2021. (KEK) (Entered:
05/24/2021)
05/24/2021
2732
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 5/24/2021. (KEK) (Entered:
05/24/2021)
05/28/2021
2733
MOTION for Attorney Fees Subscriber Counsel's Motion for Approval of
their Attorneys' Fees and Expenses Application by Plaintiffs' Counsel.
(Attachments: # 1 Memorandum of Law in Support of Motion for Approval
of Attorneys' Fees and Expenses Application, # 2 Exhibit A − Declaration of
Co−Lead Counsel, # 3 Exhibit B − Declaration of Professor Charles Silver, #
4 Exhibit C − Declaration of Professor Brian Fitzpatrick, # 5 Exhibit D −
Declaration of Special Master Edgar C. Gentle)(Hausfeld, Michael) (Entered:
05/28/2021)
06/01/2021
2734
***Document Sealed*** Defendants' EVIDENTIARY SUBMISSION in
support of Defendants' Motion regarding The Antitrust Standard of Review
Applicable to Provider Plaintiffs' Section 1 Claims pursuant to FRCP 56
(Attachments: # 1 Exhibit 294, # 2 Exhibit 295, # 3 Exhibit 296, # 4 Exhibit
297, # 5 Exhibit 299, # 6 Exhibit 300) (KAM) (Entered: 06/01/2021)
06/01/2021
2735
Evidentiary Material re: 2727 MOTION for Summary Judgment
("Defendants' Motion Regarding The Antitrust Standard Of Review
Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To Federal
Rule Of Civil Procedure 56") . (Attachments: # 1 Exhibit 283, # 2 Exhibit
284, # 3 Exhibit 285, # 4 Exhibit 286, # 5 Exhibit 287, # 6 Exhibit 288, # 7
Exhibit 289, # 8 Exhibit 290, # 9 Exhibit 291, # 10 Exhibit 292, # 11 Exhibit
293, # 12 Exhibit 298, # 13 Exhibit 301, # 14 Exhibit 302, # 15 Exhibit 303,
# 16 Exhibit 304, # 17 Exhibit 305, # 18 Exhibit 306, # 19 Exhibit 307, # 20
Exhibit 308, # 21 Exhibit 309, # 22 Exhibit 310, # 23 Exhibit 311, # 24
Exhibit 312, # 25 Exhibit 313, # 26 Exhibit 314, # 27 Exhibit 315, # 28
Exhibit 316, # 29 Exhibit 317, # 30 Exhibit 318, # 31 Exhibit 319, # 32
Exhibit 320, # 33 Exhibit 321)(Chesler, Evan) (Entered: 06/01/2021)
06/01/2021
2736
381
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 381 of 509
NOTICE by Defendants' Counsel re 2735 Evidentiary Material,,, (Chesler,
Evan) (Entered: 06/01/2021)
06/02/2021
2737
ORDER This matter is before the court on a Motion by a Class Member for
the Court to Modify the Settlement or Dismiss this Case; The court has
instructed the Clerk of the Court to file the document, and return a copy, but
the court will construe the document as an Objection to the Settlement, rather
than a Motion. Signed by Judge R David Proctor on 6/2/2021. (KAM)
(Entered: 06/02/2021)
06/02/2021
2738
OBJECTION by a Class Member for the Court to Modify the Settlement or
Dismiss this Case. (KAM) (Entered: 06/02/2021)
06/09/2021
2739
NOTICE by Plaintiffs' Counsel re 2733 MOTION for Attorney Fees
Subscriber Counsel's Motion for Approval of their Attorneys' Fees and
Expenses Application Subscriber Counsel's Notice of Supplemental Authority
(Attachments: # 1 Exhibit A − In re Equifax Inc. Customer Data Security
Breach Litigation)(Hausfeld, Michael) (Entered: 06/09/2021)
06/14/2021
2740
Evidentiary Material re: 2729 SEALED MOTION Provider Plaintiffs'
Motion for Partial Summary Judgment Regarding the standard of Review of
Their Group Boycott Claims. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3
Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Whatley,
Joe) (Entered: 06/14/2021)
06/14/2021
2741
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Motion for Partial
Summary Judgment Regarding the Standard of Review of Their Group
Boycott Claims (Public Version) (Whatley, Joe) (Entered: 06/14/2021)
06/14/2021
2742
Evidentiary Material re: 2730 SEALED MOTION Provider Plaintiffs'
Motion for Partial Summary Judgment Regarding the Standard of Review in
Light of Amex. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9
Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13,
# 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18
Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit
22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27
Exhibit 27, # 28 Exhibit 28)(Whatley, Joe) (Entered: 06/14/2021)
06/14/2021
2743
NOTICE by Plaintiffs' Counsel re 2730 SEALED MOTION Provider
Plaintiffs' Motion for Partial Summary Judgment Regarding the Standard of
Review in Light of Amex (Public Version) (Whatley, Joe) (Entered:
06/14/2021)
06/14/2021
2744
***Document Sealed**PROVIDER PLAINTIFFS' Notice of filing
Evidentiary Submission in support of Motion for Partial Summary Judgment
regarding the Standard of Review of their Group Boycott Claims
(Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 6) (KAM) (Entered:
06/14/2021)
06/14/2021
2745
***Document Sealed*** PROVIDER PLAINTIFFS' Notice of filing sealed
Evidentiary Submissions in support of Motion for Partial Summary
Judgement regarding the Standard of Review in Light of AMEX
(Attachments: # 1 Exhibit 13, # 2 Exhibit 19, # 3 Exhibit 21) (KAM)
(Entered: 06/14/2021)
382
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 382 of 509
06/17/2021
2746
TEXT ORDER − In anticipation of the new federal Juneteenth holiday, all
deadlines set on June 18, 2021, are EXTENDED to Monday, June 21, 2021.
Although the new holiday gives all great cause for celebration, the court
apologizes to any young attorneys who are now expected to work this
weekend. Signed by Judge R David Proctor on 6/17/2021. (KAM) (Entered:
06/17/2021)
06/21/2021
2747
***Document Sealed*** PROVIDER PLAINTIFFS RESPONSE IN
OPPOSITION TO DEFENDANTS MOTION REGARDING THE
STANDARD OF REVIEW APPLICABLE TO PROVIDER PLAINTIFFS
SECTION 1 CLAIMS PURSUANT TO FEDERAL RULE OF CIVIL
PROCEDURE 56 (KAM) (Entered: 06/21/2021)
06/21/2021
2748
SEALED MOTION PROVIDER PLAINTIFFS MOTION FOR PARTIAL
SUMMARY JUDGMENT ON THE DEFENDANTS SINGLE ENTITY
DEFENSE. (KAM) (Entered: 06/21/2021)
06/21/2021
2749
***Document Sealed** PROVIDER PLAINTIFFS MEMORANDUM OF
LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY
JUDGMENT ON DEFENDANTS CLAIM TO COMMON−LAW
TRADEMARK RIGHTS (KAM) (Entered: 06/21/2021)
06/21/2021
2750
MOTION for Summary Judgment ("Defendants' Motion for Summary
Judgment on (I) All Claims Advanced by Non−General Acute Care Hospital
Providers and (II) Any Claims Based on Blue System Rules Other than ESAs
or BlueCard for Failure to Demonstrate Injury or Damages") by Defendants'
Counsel. (Chesler, Evan) (Entered: 06/21/2021)
06/21/2021
2751
Brief re 2750 MOTION for Summary Judgment ("Defendants' Motion for
Summary Judgment on (I) All Claims Advanced by Non−General Acute Care
Hospital Providers and (II) Any Claims Based on Blue System Rules Other
than ESAs or BlueCard for Failure to Demons (Defendants' Opening Brief In
Support of Motion) filed by Defendants' Counsel. (Chesler, Evan) (Entered:
06/21/2021)
06/21/2021
2752
RESPONSE in Opposition re 2730 SEALED MOTION ("Defendants'
Response to Provider Plaintiffs' Motion for Partial Summary Judgment
Regarding the Standard of Review In Light of Amex") filed by Defendants'
Counsel. (Chesler, Evan) (Entered: 06/21/2021)
06/21/2021
2753
MOTION for Partial Summary Judgment by Certain Defendants by
Defendants' Counsel. (Sooy, Kathleen) (Entered: 06/21/2021)
06/21/2021
2754
Brief re 2753 MOTION for Partial Summary Judgment by Certain
Defendants filed by Defendants' Counsel. (Sooy, Kathleen) (Entered:
06/21/2021)
06/21/2021
2755
NOTICE by Defendants' Counsel re 2729 SEALED MOTION ("Notice of
Filing Under Seal") (Chesler, Evan) (Entered: 06/21/2021)
06/21/2021
2756
Brief re 2729 SEALED MOTION ("Defendants' Brief in Opposition to
Provider Plaintiffs' Motion for Partial Summary Judgment Regarding the
Standard of Review Applicable to Providers' Group Boycott
Claims"−−Redacted) filed by Defendants' Counsel. (Chesler, Evan)
(Entered: 06/21/2021)
383
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 383 of 509
06/21/2021
2757
NOTICE by Defendants' Counsel ("Defendants' Notice of Other Potential
Motions Critically Dependent on the Outcome of Class Certification or Other
Pending Motions") (Chesler, Evan) (Entered: 06/21/2021)
06/21/2021
2758
MOTION for Summary Judgment On Providers' Damages Claims As
Time−Barred And Speculative by Defendants' Counsel. (Stenerson, Todd)
(Entered: 06/21/2021)
06/21/2021
2759
NOTICE by Defendants' Counsel re Sealed Motion (Stenerson, Todd)
(Entered: 06/21/2021)
06/21/2021
2760
***Document Sealed*** DEFENDANTS' BRIEF IN OPPOSITION TO
PROVIDER PLAINTIFFS' MOTION FOR PARTIAL SUMMARY
JUDGMENT REGARDING THE STANDARD OFREVIEW APPLICABLE
TO PROVIDERS GROUP BOYCOTT CLAIMS (KAM) (Entered:
06/22/2021)
06/21/2021
2761
***Document Sealed*** DEFENDANTS' MOTION FOR SUMMARY
JUDGMENT ON PROVIDERS'DAMAGES CLAIMS AS TIME−BARRED
AND SPECULATIVE (KAM) (Entered: 06/22/2021)
06/21/2021
2762
***Document Sealed*** DEFENDANTS' MEMORANDUM IN SUPPORT
OF MOTION FOR SUMMARY JUDGMENT ON PROVIDERS'
DAMAGES CLAIMS AS TIME−BARRED AND SPECULATIVE (KAM)
(Entered: 06/22/2021)
06/22/2021
2763
MOTION to Withdraw as Attorney by California Physicians Service d/b/a
Blue Shield of California. (Witt, Helen) (Entered: 06/22/2021)
06/22/2021
2764
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from May 1, 2021
through May 31, 2021 in this matter relating solely to services provided to
the Plaintiffs, and totaling $55,500.00. Signed by Judge R David Proctor on
6/22/2021. (KAM) (Entered: 06/22/2021)
06/22/2021
2765
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by certain attorneys in the Kirkland & Ellis LLP firm seeking to
withdraw from representing Defendant California Physicians Service d/b/a
Blue Shield of California (BSCA).The Motion is GRANTED. The Clerk of
the Court is directed to terminate the attorneys referenced in the Motion from
their representation of BSCA. Signed by Judge R David Proctor on
6/22/2021. (KAM) (Entered: 06/22/2021)
06/24/2021
2766
STATUS REPORT Joint Report Regarding Briefing Schedule for Dispositive
Motions Not Dependent on Class Certification by Plaintiffs' Counsel. filed by
Plaintiffs' Counsel (Attachments: # 1 Exhibit 1 − Proposed Order)(Whatley,
Joe) (Entered: 06/24/2021)
06/25/2021
2767
ORDER re 2766 − In that Report, the parties requested that Section B of the
Eighth Amended Scheduling Order (Doc. # 2718 ) be modified. The request
is GRANTED. Section B of the Eighth Amended Scheduling Order is
MODIFIED as follows: All potentially dispositive motions on issues of
liability which are not critically dependent on the outcome of class
certification, materials in support, and supporting expert reports under Fed.
R. Civ. P. 26(a)(2) were due on or before June 21, 2021. Responses to those
384
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 384 of 509
Motions SHALL be filed on or before August 20, 2021. Any replies SHALL
be filed on or before September 20, 2021. Signed by Judge R David Proctor
on 6/25/2021. (KEK) (Entered: 06/25/2021)
06/25/2021
2768
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on June 29, 2021 at 9:30 a.m. (Central) by Special Master. filed
by Special Master (Gentle, Edgar) (Entered: 06/25/2021)
06/29/2021
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 6/29/2021. A separate order will be entered setting the
next status conference in September. (Court Reporter Risa Entrekin.) (KLL)
(Entered: 06/29/2021)
06/30/2021
2769
Transcript of Proceedings held on June 29, 2021, before Judge R. David
Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 7/21/2021. Redacted Transcript Deadline set for 7/31/2021.
Release of Transcript Restriction set for 9/28/2021. (KAM) (Entered:
06/30/2021)
07/12/2021
2770
PROVIDER PLAINTIFF'S Reply in support of their Motion for Partial
Summary Judgment regarding The Standard of Review for their Group
Boycott Claims (KAM) Modified on 8/2/2021 (KAM, ). (Entered:
07/12/2021)
07/12/2021
2771
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2730 SEALED
MOTION Provider Plaintiffs' Reply in Support of Their Motion for Partial
Summary Judgment Regarding the Standard of Review in Light of Amex filed
by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 07/12/2021)
07/12/2021
2772
REPLY Brief filed by Defendant Defendants' Counsel re: 2727 MOTION for
Summary Judgment ("Defendants' Motion Regarding The Antitrust Standard
Of Review Applicable To Provider Plaintiffs' Section 1 Claims Pursuant To
Federal Rule Of Civil Procedure 56") filed by Defendants' Counsel. (Chesler,
Evan) (Entered: 07/12/2021)
07/20/2021
2773
Evidentiary Material re: 2750 MOTION for Summary Judgment
("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by
Non−General Acute Care Hospital Providers and (II) Any Claims Based on
Blue System Rules Other than ESAs or BlueCard for Failure to Demons .
(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Chesler, Evan)
(Entered: 07/20/2021)
07/22/2021
2774
MOTION to Withdraw as Attorney by Caring for Montanans, Inc. f/k/a Blue
Cross and Blue Shield of Montana, Inc., Defendants' Counsel, Highmark
BCBSD Inc., Highmark Inc., Highmark West Virginia Inc., Hospital Service
Association of Northeastern Pennsylvania d/b/a Blue Cross of Northeastern
385
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 385 of 509
Pennsylvania. (Zolner, Erica) (Entered: 07/22/2021)
07/22/2021
2775
Evidentiary Material re: 2760 Document Sealed, 2752 Response in
Opposition to Motion, . (Attachments: # 1 Exhibit 322, # 2 Exhibit 323, # 3
Exhibit 324, # 4 Exhibit 325, # 5 Exhibit 326, # 6 Exhibit 327, # 7 Exhibit
328, # 8 Exhibit 330, # 9 Exhibit 332, # 10 Exhibit 333, # 11 Exhibit 334, #
12 Exhibit 335, # 13 Exhibit 336, # 14 Exhibit 337, # 15 Exhibit 338, # 16
Exhibit 339, # 17 Exhibit 341, # 18 Exhibit 342, # 19 Exhibit 343, # 20
Exhibit 344, # 21 Exhibit 345, # 22 Exhibit 346, # 23 Exhibit 347, # 24
Exhibit 348, # 25 Exhibit 349, # 26 Exhibit 350, # 27 Exhibit 351)(Chesler,
Evan) (Entered: 07/22/2021)
07/22/2021
2776
Brief re 2729 SEALED MOTION ("Defendants' Brief In Opposition To
Provider Plaintiffs' Motion For Partial Summary Judgment Regarding The
Standard Of Review Applicable To Providers' Group Boycott
Claims"−−Redacted Version). (Chesler, Evan) (Entered: 07/22/2021)
07/22/2021
2777
***Document Sealed** DEFENDANTS" EVIDENTIARY SUBMISSION in
Support of (I) Opposition to Provider Plaintiffs' Motion for Partial Summary
Judgment regarding the Standard of Review Applicable to Providers' Group
Boycott Claims and (II) RESPONSE to Provider Plaintiffs' Motion for Partial
Summary Judgment regarding the Standard of Review in light of AMEX
(Attachments: # 1 Exhibit 326, # 2 Exhibit 329, # 3 Exhibit 330, # 4 Exhibit
331 Part 1, # 5 Exhibit 331 Part 2, # 6 Exhibit 331 Part 3, # 7 Exhibit 339, # 8
Exhibit 340) (KAM) (Entered: 07/22/2021)
07/22/2021
2778
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by attorney Erica B. Zolner. The Motion is GRANTED. The clerk of
the court is directed to terminate attorney Zolner. Signed by Judge R David
Proctor on 7/22/2021. (KAM) (Entered: 07/22/2021)
07/22/2021
2779
ORDER APPROVING SPECIAL MATER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2021 through June 30,
2021 in this matter as it relates to services rendered for both sides of this
case, and totaling $8,000.00. Signed by Judge R David Proctor on 7/22/2021.
(KAM) (Entered: 07/22/2021)
07/22/2021
2780
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from June 1, 2021 through June 30,
2021 in this mater relating solely to the services provied to the Plaintiffs, and
totaling $72,000.00. Signed by Judge R David Proctor on 7/22/2021. (KAM)
(Entered: 07/22/2021)
07/23/2021
2781
RESPONSE in Support re 2758 MOTION for Summary Judgment On
Providers' Damages Claims As Time−Barred And Speculative filed by Blue
Cross Blue Shield Michigan. (Kirby, Cason) (Entered: 07/23/2021)
07/23/2021
2782
Evidentiary Material re: 2758 MOTION for Summary Judgment On
Providers' Damages Claims As Time−Barred And Speculative .
(Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit
Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6,
# 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10
Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13
Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16
Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18)(Kirby,
386
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 386 of 509
Cason) (Entered: 07/23/2021)
07/23/2021
2783
***Document Sealed*** DEFENDANTS' EVIDENTIARY SUBMISSION
in support of Motion for Summary Judgment on Providers' Damages Claim
as time−barred and speculative (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, #
3 Exhibit 10, # 4 Exhibit 11, # 5 Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14, #
8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 17) (KAM) (Entered: 07/23/2021)
07/27/2021
2784
MOTION for Partial Summary Judgment on the Defendants' Single Entity
Defense (Provider Plaintiffs) (Public Version of doc. 2748) by Plaintiffs'
Counsel. (Whatley, Joe) Modified on 8/2/2021 (KAM, ). (Entered:
07/27/2021)
07/27/2021
2785
Evidentiary Material re: 2748 SEALED MOTION in Support of Provider
Plaintiffs' Motion for Partial Summary Judgment on the Defendants' Single
Entity Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4
Exhibit 4)(Whatley, Joe) (Entered: 07/27/2021)
07/27/2021
2786
Evidentiary Material re: 2747 Document Sealed in Support of Provider
Plaintiffs' Response in Opposition to Defendants' Motion Regarding the
Standard of Review Applicable to Provider Plaintiffs' Section 1 Claims
Pursuant to Federal Rule of Civil Procedure 56. (Attachments: # 1 Exhibit
1)(Whatley, Joe) (Entered: 07/27/2021)
07/27/2021
2787
***Document Sealed*** PROVIDER PLAINTIFFS' notice of filing sealed
evidentiary submission in support of Motion for Partial Summary Judgment
on the Defendants' Single Entity Defense (Attachments: # 1 Exhibit 1, # 2
Exhibit 3) (KAM) (Entered: 07/27/2021)
07/27/2021
2788
Evidentiary Material re: 2770 Document Sealed in Support of Provider
Plaintiffs' Reply In Support of Their Motion for Partial Summary Judgment
Regarding the Standard of Review for Their Group Boycott Claims.
(Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11, # 5
Exhibit 12, # 6 Exhibit 13, # 7 Exhibit 14)(Whatley, Joe) (Entered:
07/27/2021)
07/27/2021
2789
***Document Sealed*** PROVIDER PLAINTIFFS' Evidentiary Submissio
in support of Rely in Support of their Motion for Partial Summary Judgement
regarding the Standard of Review for their Group Boycott Claims
(Attachments: # 1 Exhibit 9, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14)
(KAM) (Entered: 07/27/2021)
07/28/2021
2790
MOTION for Leave to File Documents for In Camera Review by ServisFirst
Bancshares Inc, Topographic. Inc., Employee Services Inc. (Richie, John)
(Entered: 07/28/2021)
07/30/2021
2791
Amicus Curiae APPEARANCE entered by John W Davis on behalf of John
W Davis. filed by on behalf of John W Davis (Davis, John) (Entered:
07/30/2021)
08/03/2021
2792
ORDER Status Conference set for 9/14/2021 09:30 AM in New York, New
York at the offices of Cravath, Swaine & Moore LLP, 825 8th Avenue, New
York, NY 10019. In−person attendees must be vaccinated; On or before
Wednesday, September 8, 2021, (1) the parties SHALL submit a joint report
containing a proposed agenda of items the parties wish to be addressed
387
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 387 of 509
during the status conference; and (2) for security purposes, counsel attending
in person SHALL notify the Special Master. Signed by Judge R David
Proctor on 8/3/2021. (KAM) (Entered: 08/03/2021)
08/05/2021
2793
NOTICE by Defendants' Counsel ("Notice of Filing Joint Comprehensive
Index Regarding Exhibits to the Motions for Summary Judgment Related to
the Standard of Review −− Redacted") (Attachments: # 1 Joint Index of
Standard of Review Briefing Exhibits)(Chesler, Evan) (Entered: 08/05/2021)
08/05/2021
2794
***Document Sealed*** Defendants' Joint Comprehensive Index Regarding
Exhibits to the Motions for Summary Judgment Related to the Standard of
Review (Attachments: # 1 Exhibit 1) (KAM) (Entered: 08/05/2021)
08/19/2021
2795
Evidentiary Material re: 2753 MOTION for Partial Summary Judgment by
Certain Defendants . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit
3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 − Filed Under
Seal, # 8 Exhibit 8, # 9 Exhibit 9 − Filed Under Seal, # 10 Exhibit 10 − Filed
Under Seal, # 11 Exhibit 11 − Filed Under Seal)(Sooy, Kathleen) (Entered:
08/19/2021)
08/20/2021
2796
***Document Sealed − Exhibits in Support of Certain Defendants' Motion
for Partial Summary Judgment. (Attachments: # 1 Exhibit 7, # 2 Exhibit 9, #
3 Exhibit 10, # 4 Exhibit 11) (KEK) (Entered: 08/20/2021)
08/20/2021
2797
***Document Sealed − PROVIDER PLAINTIFFS' OPPOSITION to 2750
Motion. (KEK) (Entered: 08/20/2021)
08/20/2021
2798
PROVIDER PLAINTIFFS' OPPOSITION to 2758 Motion.(KEK) Modified
on 8/30/2021 (KAM). (Entered: 08/20/2021)
08/20/2021
2799
RESPONSE in Opposition re 2753 MOTION for Partial Summary Judgment
by Certain Defendants filed by Plaintiffs' Counsel. (Attachments: # 1 Exhibit
1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Whatley, Joe) (Entered:
08/20/2021)
08/20/2021
2800
Opposition to re 2749 ("Defendants' Opposition to Provider Plaintiffs'
Motion for Partial Summary Judgment on Defendants' Common−Law
Trademark Rights") filed by Defendants' Counsel. (Chesler, Evan) (Entered:
08/20/2021)
08/20/2021
2801
RESPONSE in Opposition re 2748 SEALED MOTION ("Defendants' Brief
in Opposition to Provider Plaintiffs' Motion for Partial Summary Judgment
on the Defendants' Single Entity Defense") filed by Defendants' Counsel.
(Chesler, Evan) (Entered: 08/20/2021)
08/23/2021
2802
MOTION for Leave to File Excess Pages for Subscribers' Final Approval
Brief and Consolidated Responses to Objections by Plaintiffs' Counsel.
(Guin, David) (Entered: 08/23/2021)
08/23/2021
2803
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2021 through July 31,
2021 in this matter relating solely to services provided to the Plaintiffs, and
totaling $50,000.00. Signed by Judge R David Proctor on 8/23/2021. (KAM)
(Entered: 08/23/2021)
08/23/2021
2804
388
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 388 of 509
TEXT ORDER − This matter is before the court on Subscriber Plaintiffs
Motion to File a Consolidated Brief, Not Exceeding 150 Pages, in Support of
Final Approval and in Response to All Timely−Submitted Objections. 2802
For good cause shown, the Motion 2802 is GRANTED. Subscriber Plaintiffs
may file a consolidated brief in support final approval not to exceed 150
pages. Signed by Judge R David Proctor on 8/23/2021. (KAM) (Entered:
08/23/2021)
08/26/2021
2805
MOTION for Extension of Time for Filing Deadlines Related to Class
Settlement by Plaintiffs' Counsel. (Guin, David) (Entered: 08/26/2021)
08/26/2021
2806
ORDER AMENDING DEADLINE RELATED TO CLASS SETTLEMENT
This matter is before the court on Subscriber Plaintiffs Unopposed Motion
for Extension of Filing Deadlines Related to Class Settlement 2805 ; the
Motion is GRANTED; The language below in bold italics SHALL be
inserted so that paragraph 29 provides as follows: Friday, September 3, 2021
Deadline for Parties to file any Motion(s) for Final Approval of Settlement
and responses to any timely submitted Settlement Class Member objections.
Signed by Judge R David Proctor on 8/26/2021. (KAM) (Entered:
08/26/2021)
08/27/2021
2807
Evidentiary Material re: 2800 Opposition (other) ("Evidentiary Submission in
Support of Defendants' Opposition to Provider Plaintiffs' Motion for Partial
Summary Judgment on Defendants' Common−Law Trademark Rights").
(Attachments: # 1 Exhibit 1)(Chesler, Evan) (Entered: 08/27/2021)
08/27/2021
2808
Evidentiary Material re: 2801 Response in Opposition to Motion,
("Evidentiary Submission in Support of Defendants' Brief in Opposition to
Provider Plaintiffs' Motion for Partial Summary Judgment on the
Defendants' Single Entity Defense"). (Attachments: # 1 Exhibit 1, # 2 Exhibit
2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit
7)(Chesler, Evan) (Entered: 08/27/2021)
08/30/2021
2809
TEXT ORDER This matter is before the court on an informal report from
the Seal Team. In light of that report, the Clerk of Court is directed to
UNSEAL Doc. 2798 . Signed by Judge R David Proctor on 8/30/2021.
(KAM) (Entered: 08/30/2021)
08/30/2021
2810
Evidentiary Material re: 2798 Document Sealed in Support of Provider
Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on
Providers' Damages Claims as Time−Barred and Speculative. (Attachments:
# 1 Exhibit 1)(Whatley, Joe) (Entered: 08/30/2021)
08/31/2021
2811
NOTICE by Plaintiffs' Counsel of Death of Corporate Representative
(Whatley, Joe) (Entered: 08/31/2021)
09/03/2021
2812
MOTION for Settlement Subscriber Plaintiff's Motion for Final Approval of
Class Settlement by Plaintiffs' Counsel. (Attachments: # 1 Subscriber
Plaintiffs' Memorandum of Law in Support of Motion for Final Approval of
Class Settlement, # 2 Exhibit A − Keough Declaration, # 3 Keough
Declaration Exhibits A−G, # 4 Keough Declaration Exhibit H (part 1), # 5
Keough Declaration Exhibit H (part 2) − P, # 6 Keough Declaration Exhibit
Q, # 7 Exhibit B − Rubinfeld Declaration, # 8 Exhibit C − Regional Carriers,
# 9 Exhibit D − Mason Declaration, # 10 Exhibit E −
BCBS−AZ_MDL000124422, # 11 Exhibit F − CAREFIRST_ESI_06681777,
389
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 389 of 509
# 12 Exhibit G − ARKBCBS0047016, # 13 Exhibit H − DOL Letter, # 14
Exhibit I − Resume of Judge Gonzalez, # 15 Exhibit J − Proposed Order
Appointing Settlement Administrator, # 16 Exhibit K − Proposed Amended
Data Production Order, # 17 Exhibit L − Proposed Final Judgment and Order
of Approval, # 18 Exhibit M − Proposed Fee Order, # 19 Exhibits 1−3, # 20
Exhibits 4−14, # 21 Exhibits 15−30, # 22 Exhibits 31−40)(Hausfeld,
Michael) (Entered: 09/03/2021)
09/03/2021
2813
Brief Defendants' Brief in Support of Subscriber Plaintiffs' Motion for Final
Approval of Proposed Class Settlement. (Attachments: # 1 Exhibit 1 − B.
Roberts Deposition Excerpt, # 2 Exhibit 2 − R. Abbott Deposition Excerpt, #
3 Exhibit 3 − K. Murphy Deposition Excerpt, # 4 Exhibit 4 − S. Serota
Deposition Excerpt, # 5 Exhibit 5 − R. Kolodgy Deposition Excerpt, # 6
Exhibit 6 − D. Rubinfeld Deposition Excerpt, # 7 Exhibit 7 − H. Frech
Deposition Excerpt)(Laytin, Daniel) (Entered: 09/03/2021)
09/03/2021
2814
Brief Defendants' Response to Department of Labor's Letter. (Zott, David)
(Entered: 09/03/2021)
09/08/2021
2815
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on September 14, 2021 at 9:30 a.m. (Eastern) by Special Master.
filed by Special Master (Gentle, Edgar) (Entered: 09/08/2021)
09/17/2021
2816
Transcript of Proceedings held on 9/14/2021, before Judge R David Proctor.
Court Reporter/Transcriber Risa Entrekin. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 10/8/2021. Redacted Transcript Deadline set for 10/18/2021.
Release of Transcript Restriction set for 12/16/2021. (KEK) (Entered:
09/17/2021)
09/17/2021
2817
MOTION to Withdraw as Attorney for Leslie Pescia by Plaintiffs' Counsel.
(Pescia, Leslie) (Entered: 09/17/2021)
09/20/2021
2818
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by Leslie L. Pescia. 2817 The Motion 2817 is GRANTED. The Clerk
of Court is directed to terminate Attorney Pescia. Signed by Judge R David
Proctor on 9/20/2021. (KAM) (Entered: 09/20/2021)
09/20/2021
2819
Defendants' Reply in support of their Motion for Summary Judgment on (I)
all claims advanced by Non−General Acute Care Hospital Prviders and (II)
any claims based on Blue System rules other than ESAS or Bluecard for
failure to demonstrate injury or damages (KAM) Document unsealed on
10/7/2021 (KAM). (Entered: 09/20/2021)
09/20/2021
2820
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2748 SEALED
MOTION Provider Plaintiffs' Reply In Support of Their Motion for Partial
Summary Judgment on the Defendants' Single Entity Defense filed by
390
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 390 of 509
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 09/20/2021)
09/20/2021
2821
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2749 Document Sealed
Provider Plaintiffs' Reply In Support of Their Motion for Partial Summary
Judgment on Defendants' Claim to Common−Law Trademark Rights filed by
Plaintiffs' Counsel. (Whatley, Joe) (Entered: 09/20/2021)
09/20/2021
2822
REPLY Brief filed by Defendant Defendants' Counsel re: 2753 MOTION for
Partial Summary Judgment by Certain Defendants filed by Defendants'
Counsel. (Sooy, Kathleen) (Entered: 09/20/2021)
09/20/2021
2823
REPLY Brief filed by Defendant Blue Cross Blue Shield Michigan re: 2758
MOTION for Summary Judgment On Providers' Damages Claims As
Time−Barred And Speculative filed by Blue Cross Blue Shield Michigan.
(Stenerson, Todd) (Entered: 09/20/2021)
09/20/2021
2824
Evidentiary Material re: 2753 MOTION for Partial Summary Judgment by
Certain Defendants (Exhibits 12−17). (Attachments: # 1 Exhibit 12, # 2
Exhibit 13, # 3 Exhibit 14 (Part 1 of 10), # 4 Exhibit 14 (Part 2 of 10), # 5
Exhibit 14 (Part 3 of 10), # 6 Exhibit 14 (Part 4 of 10), # 7 Exhibit 14 (Part 5
of 10), # 8 Exhibit 14 (Part 6 of 10), # 9 Exhibit 14 (Part 7 of 10), # 10
Exhibit 14 (Part 8 of 10), # 11 Exhibit 14 (Part 9 of 10), # 12 Exhibit 14 (Part
10 of 10), # 13 Exhibit 15 (Part 1 of 10), # 14 Exhibit 15 (Part 2 of 10), # 15
Exhibit 15 (Part 3 of 10), # 16 Exhibit 15 (Part 4 of 10), # 17 Exhibit 15 (Part
5 of 10), # 18 Exhibit 15 (Part 6 of 10), # 19 Exhibit 15 (Part 7 of 10), # 20
Exhibit 15 (Part 8 of 10), # 21 Exhibit 15 (Part 9 of 10), # 22 Exhibit 15 (Part
10 of 10), # 23 Exhibit 16, # 24 Exhibit 17)(Sooy, Kathleen) (Entered:
09/20/2021)
09/24/2021
2825
NOTICE by Plaintiffs' Counsel re 2812 MOTION for Settlement Subscriber
Plaintiff's Motion for Final Approval of Class Settlement of Filing Revised
Redacted Ex. D (Attachments: # 1 Exhibit 1)(Stokes, Tammy) (Entered:
09/24/2021)
09/24/2021
2826
***Document Sealed** SUBSCRIBER PLAINTIFFS' NOTICE of filing
EXHIBIT D in support of Motion for Final Approval of Class Settlement and
Appointment of Settlement Administrator (KAM) (Entered: 09/24/2021)
09/24/2021
2827
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from August 1, 2021
through August 31, 2021 in this matter relating solely to services provided to
the Plaintiffs, and totaling $60,000.00. Signed by Judge R David Proctor on
9/24/2021. (KAM) (Entered: 09/24/2021)
09/24/2021
2828
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
payment for services rendered and expenses incurred from July 1, 2021
through August 31, 2021 in this matter as it relates to services rendered for
both sides of the case, and totaling $7,500.00. Signed by Judge R David
Proctor on 9/24/2021. (KAM) (Entered: 09/24/2021)
09/27/2021
2829
TEXT ORDER: This matter is before the court on an informal request from
the National Account Objectors to file a reply memorandum in support of
their Motion Either to Opt Out of the Injunctive Relief Settlement Class or, In
the Alternative, Opposition to the Approval of the Injunctive Relief Class
Settlement. The request is GRANTED. The National Account Objectors may
391
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 391 of 509
file a reply brief of up to 25 pages. Signed by Judge R David Proctor on
9/27/2021. (KAM) (Entered: 09/27/2021)
09/27/2021
2830
REPLY Brief filed by Objector National Account Objectors re: 2829 Order,
National Accounts' Reply Memorandum in Support of Their Motion to Opt
Out of the Injunctive Relief Settlement Class or, in the Alternative,
Opposition to the Approval of the Injunctive Relief Class Settlement filed by
National Account Objectors. (Slater, Paul) (Entered: 09/27/2021)
09/27/2021
2831
TEXT ORDER − This matter is before the court on the Self−Funded
Subclass Objectors Motion to Submit Documents for In Camera Review.
2790 Pursuant to the Long Form Notice approved by the court, Objectors to
the proposed Subscriber Settlement must submit documents reflecting the
terms of any agreements that relate to the objection process, including
agreements relating to the engagement of counsel. [2611−2 at 105] The
Self−Funded Subclass Objectors Motion 2790 is GRANTED IN PART. The
Self−Funded Subclass Objectors may submit their engagement−related
documents in camera, by providing them to chambers. Signed by Judge R
David Proctor on 9/27/2021. (KAM) (Entered: 09/27/2021)
09/28/2021
2832
MOTION for Disclosure by Employee Services Inc, ServisFirst Bancshares
Inc, Topographic. Inc.. (Richie, John) (Entered: 09/28/2021)
09/30/2021
2833
MOTION for Leave to Appear as Amicus Curiae in support of Article III
Jurisdictional defect to the Subscribers' settlement by Shiyang Huang.
(KAM) (Entered: 10/01/2021)
10/01/2021
2834
ORDER This matter is before the court on the Motion for Leave to Appear as
Amicus Curiae in Support of Article III Jurisdictional Defect to the
Subscribers Settlement filed by Shiyang Huang 2833 ; the Motion is
DENIED; as part of the approval process, the court will address its Article III
jurisdiction in relation to the Subscribers claims for injunctive relief and to
provide the injunctive relief contemplated in the Subscribers Settlement.
Signed by Judge R David Proctor on 10/1/2021. (KAM) (Entered:
10/01/2021)
10/04/2021
2835
ORDER AMENDING THE PRELIMINARY APPROVAL ORDER 2641 ;
In order to facilitate the attendance of interested persons at the Final
Approval Hearing, the Court AMENDS Document # 2641 , paragraph 28,
sentence one, to provide as follows: Final Approval Hearing is hereby
scheduled before the undersigned to be commenced on Wednesday, October
20, 2021, at 10:00 a.m. Central Time, continuing on Thursday, October
21, 2021, if necessary. This hearing will be held in person. However, given
the current state of the COVID−19 pandemic, the hearing will take place IN
PERSON and REMOTELY, via Zoom video conference, and with
telephone audio access provided for the public; Those wishing to attend by
Zoom SHALL make a written request to the Special Master by October 13,
2021; ANY RECORDING OF THE HEARING BY ANYONE OTHER
THAN THE COURT IS STRICTLY PROHIBITED. Signed by Judge R
David Proctor on 10/4/2021. (KAM) (Entered: 10/04/2021)
10/07/2021
2836
MOTION to Compel Appearance of Dr. Mason at Fairness Hearing by
Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc..
(Richie, John) (Entered: 10/07/2021)
392
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 392 of 509
10/07/2021
2837
Unopposed MOTION for Leave to File Sur−Reply Brief by Employee
Services Inc, ServisFirst Bancshares Inc, Topographic. Inc.. (Richie, John)
(Entered: 10/07/2021)
10/07/2021
2838
TEXT ORDER − This matter is before the court on an informal report from
the Seal Team. In light of that report, the Clerk of Court is DIRECTED to
UNSEAL Doc. # 2819. 2819 .. Signed by Judge R David Proctor on
10/7/25021. (KAM) (Entered: 10/07/2021)
10/07/2021
2839
Evidentiary Material re: 2819 Document Sealed, (Reply Brief). (Attachments:
# 1 Exhibit 4, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8, # 6
Exhibit 9, # 7 Exhibit 10, # 8 Exhibit 11)(Chesler, Evan) (Entered:
10/07/2021)
10/08/2021
2840
TEXT ORDER − This matter is before the court on the Self−Funded
Subclass Objectors Unopposed Motion for Leave to File a Reply Brief. 2837
The Motion 2837 is GRANTED. On or before October 12, 2021, the
Self−Funded Subclass Objectors may file a reply brief of up to 35 pages.
Signed by Judge R David Proctor on 10/8/2021. (KAM) (Entered:
10/08/2021)
10/08/2021
2841
ORDER This matter is before on the following Motions filed by the
Self−Funded Subclass Objectors: (1) a Motion for Reciprocal Disclosure of
Settlement Proponents Agreements (Doc. # 2832) and (2) a Motion to
Require Dr. Mason to Appear at the Fairness Hearing and for Production of
Certain Portions of His File (Doc. # 2836); 2832 Motion for Disclosure is
GRANTED IN PART. on or before October 15,2021, Lead Counsel for
the Fully Insured Subclass and for the Self−Funded Subclass SHALL file
with the Clerk of Court: (1) any engagement−related documents regarding
their representation of the Subscriber Settlement Subclasses, and (2) any
agreements related to the retention of Dr. Mason; 2836 Motion to Compel is
GRANTED IN PART; Dr. Mason and the Self−Funded Objectors experts
Ugo Okewho and Jim WatsonSHALL attend the Fairness hearing on October
20 (and, as necessary, October 21), 2021 to present testimony and submit to
cross examination either in person or by deposition; On or before Thursday,
October 14, 2021, interested parties SHALL meet and confer and determine
the scope of document production from these experts, which scope SHALL
apply reciprocally to all of these experts; On or before October 18, 2021,
interested parties SHALL file a notice with the court to inform it whether
these witnesses will appear live or by deposition; In all other respects, the
Motions (Docs. # 2832 and 2836) are DENIED. Signed by Judge R David
Proctor on 10/8/2021. (KAM) Modified on 10/8/2021 (KAM, ). (Entered:
10/08/2021)
10/11/2021
2842
Evidentiary Material re: 2797 Document Sealed in Support of Provider
Plaintiffs' Opposition to Defendants' Motion for Summary Judgment on (I)
All Claims Advanced by Non−General Acute Care Hospital Providers and
(II) Any Claims Based on Blue System Rules Other Than ESAs or BlueCard
for Failure to Demonstrate Injury or Damages. (Attachments: # 1 Exhibit 1,
# 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7
Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Whatley, Joe) (Entered: 10/11/2021)
10/11/2021
2843
RESPONSE in Opposition re 2750 MOTION for Summary Judgment
("Defendants' Motion for Summary Judgment on (I) All Claims Advanced by
393
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 393 of 509
Non−General Acute Care Hospital Providers and (II) Any Claims Based on
Blue System Rules Other than ESAs or BlueCard for Failure to Demons trate
Injury or Damages (Public Version) filed by Plaintiffs' Counsel. (Whatley,
Joe) (Entered: 10/11/2021)
10/12/2021
2844
***Document Sealed***PROVIDER PLAINTIFFS' Evidentiary submission
in support of Opposition to Defendant's Motion for Summary Judgment on
(I) all cliams advanced by non−general acute care hospital providers and (II)
any claims based on Blue System rules other than Easas or Bluecard for
failure to demonstrate injury or damages (Attachments: # 1 Exhibit 1, # 2
Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 6, # 5 Exhibit 7) (KAM) (Entered:
10/12/2021)
10/12/2021
2845
REPLY Brief filed by Objectors Employee Services Inc, ServisFirst
Bancshares Inc, Topographic. Inc. re: 2812 MOTION for Settlement
Subscriber Plaintiff's Motion for Final Approval of Class Settlement filed by
Employee Services Inc, ServisFirst Bancshares Inc, Topographic. Inc..
(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10
Exhibit J, # 11 Exhibit K)(Richie, John) (Entered: 10/12/2021)
10/15/2021
2846
NOTICE by Plaintiffs' Counsel re 2841 Order on Motion for Disclosure,,,,,,,
Order on Motion to Compel,,,,,, by Fully Insured Subscriber Plaintiffs of
Filing Retainer Agreements (Attachments: # 1 1, # 2 2, # 3 3, # 4 4, # 5 5, # 6
6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 14, # 15 15, #
16 16, # 17 17, # 18 18, # 19 19, # 20 20, # 21 21, # 22 22, # 23 23, # 24 24,
# 25 25, # 26 26, # 27 27, # 28 28, # 29 29, # 30 30, # 31 31, # 32 32, # 33
33, # 34 34, # 35 35, # 36 36, # 37 37, # 38 38, # 39 39, # 40 40, # 41 41, #
42 42, # 43 43, # 44 44, # 45 45, # 46 46, # 47 47, # 48 48, # 49 49, # 50 50,
# 51 51, # 52 52, # 53 53, # 54 54, # 55 55, # 56 56, # 57 57, # 58 58, # 59
59, # 60 60, # 61 61, # 62 62, # 63 63)(Guin, David) (Entered: 10/15/2021)
10/15/2021
2847
NOTICE by Plaintiffs' Counsel of Self−Funded Subclass Plaintiffs' Filing of
Engagement Documents (Attachments: # 1 Exhibit Fee Agreement, # 2
Exhibit Engagement letter)(Gregory, Steven) (Entered: 10/15/2021)
10/15/2021
2848
NOTICE by Plaintiffs' Counsel of Filing of Self−Funded Subclass's
Engagement Letter (Attachments: # 1 Exhibit Retainer Agreement)(Gregory,
Steven) (Entered: 10/15/2021)
10/18/2021
2849
NOTICE by Plaintiffs' Counsel of the Parties' Joint Proposed Agenda for
Final Approval Hearing (Guin, David) (Entered: 10/18/2021)
10/18/2021
2850
NOTICE of Appearance by Eirik Cheverud on behalf of U.S. Department of
Labor (Cheverud, Eirik) (Entered: 10/18/2021)
10/18/2021
2851
STATUS REPORT Joint as to Allocation Expert Testimony and Document
Disclosure as Ordered by Court on Oct 8 by Employee Services Inc,
ServisFirst Bancshares Inc, Topographic. Inc.. filed by Employee Services
Inc, ServisFirst Bancshares Inc, Topographic. Inc. (Richie, John) (Entered:
10/18/2021)
10/19/2021
2852
NOTICE of Appearance by Anthony F Shelley on behalf of Defendants'
Counsel (Shelley, Anthony) (Entered: 10/19/2021)
394
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 394 of 509
10/19/2021
2853
NOTICE of Appearance by Theresa (Tess) S Gee on behalf of Defendants'
Counsel (Gee, Theresa (Tess)) (Entered: 10/19/2021)
10/19/2021
2854
NOTICE of Appearance by Jeffrey M Hahn on behalf of U.S. Department of
Labor (Hahn, Jeffrey) (Entered: 10/19/2021)
10/19/2021
2855
TEXT ORDER The court previously required counsel for the two classes in
this case to publicly disclose any retention agreements they have with class
representatives. Recent amendments to Rule 23(e)(5) direct the court to
evaluate the motives or potential motives of objectors. Although the court has
no reason to believe that any particular attorney for an objector has any
improper motive, the best practice is to require appropriate disclosures of
retention agreements between outside counsel for objectors and their clients.
See Advisory Committee Notes to 2018 Amendments to Fed. R. Civ. P.
23(e)(5). However, the Objectors counsels retention agreements should not
be made publicly available. Instead, those agreements should be made
available to proponents of the settlement. For these reasons, outside counsel
for Objectors SHALL disclose to the Special Master any retention agreement
related to this action that exists between counsel and counsels clients. The
Special Master SHALL in turn provide those retention agreements to
Subscriber class counsel, ASO class counsel, and Blue Cross Blue Shield
counsel. Signed by Judge R David Proctor on 10/19/2021. (KAM) (Entered:
10/19/2021)
10/19/2021
2856
MOTION for Leave to File Statement of Interest as Amicus Curiae by U.S.
Department of Labor. (Attachments: # 1 Statement of Interest by Amicus
Curiae Secretary of Labor)(Cheverud, Eirik) (Entered: 10/19/2021)
10/19/2021
2857
NOTICE of Appearance by Wayne R Berry on behalf of U.S. Department of
Labor (Berry, Wayne) (Entered: 10/19/2021)
10/20/2021
Minute Entry for proceedings held before Judge R David Proctor: Motion
Hearing begun on 10/20/2021 re 2812 MOTION for Settlement Subscriber
Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs'
Counsel. Fairness Evidentiary Hearing CONTINUING ON 10/21/2021 at
9:00 AM (CST) in the Special Proceedings courtroom located on the 8th
floor of the Hugo L Black US Courthouse, in Birmingham, AL before Judge
R David Proctor. However, given the current state of the COVID−19
pandemic, the hearing will take place IN PERSON and REMOTELY, via
Zoom video conference, and with telephone audio access provided for the
public (see the court's previous order for dial in number 2835 ). ANY
RECORDING OF THE HEARING BY ANYONE OTHER THAN THE
COURT IS STRICTLY PROHIBITED. (Court Reporter Risa Entrekin.)
(KLL) (Entered: 10/20/2021)
10/21/2021
2858
NOTICE by Defendants' Counsel ("Notice of Filing Joint Comprehensive
Index Regarding Exhibits to the Motions for Summary Judgment")
(Attachments: # 1 Joint Index of Summary Judgment Briefing
Exhibits)(Chesler, Evan) (Entered: 10/21/2021)
10/21/2021
Minute Entry for proceedings concluded before Judge R David Proctor:
Evidentiary Hearing held on 10/21/2021. Testimony presented by
Subscribers/Plaintiffs; Testimony presented by Defendants/Objectors.
Post−hearing briefings schedule as indicated on the record. Court adjourned.
395
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 395 of 509
(Court Reporter Risa Entrekin.) (KLL) (Entered: 10/21/2021)
10/25/2021
2859
ORDER REGARDING CONTINUATION OF FINAL APPROVAL
HEARING As discussed at the close of the Final Approval Hearing on
Thursday, October 21, 2021, the court will hear argument from the parties
and the United States Secretary of Labor concerning issues the Secretary
contends are raised by the proposed settlement under the Employee
Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. A
continuation of the Final Approval Hearing is hereby scheduled to take place
on Wednesday, October 27, 2021, at 10:00 a.m. Central Time. This
hearing will take place REMOTELY, via Zoom video conference, and with
telephone audio access provided for the public.Those wishing to attend by
Zoom SHALL make a request to the Special Master by 12:00 noon on
Tuesday, October 26, 2021. Other interested parties, counsel, and the public
may attend the hearing by listening to the hearing free of charge via
telephone by dialing (844) 291−5489, access code 1007496.Judicial
Conference policy provides that ANY RECORDING OF THE HEARING
BY ANYONE OTHER THAN THE COURT IS STRICTLY
PROHIBITED. Signed by Judge R David Proctor on 10/25/2021. (KAM)
(Entered: 10/25/2021)
10/26/2021
2860
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2021 through
September 30, 2021 in this matter as it relates to services rendered for both
sides of the case, and totaling $15,000.00. Signed by Judge R David Proctor
on 10/26/2021. (KAM) (Entered: 10/26/2021)
10/26/2021
2861
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from September 1, 2021 through
September 30, 2021 in this matter relating solely to services provided to the
Plaintiffs, and totaling $41,000.00. Signed by Judge R David Proctor on
10/26/2021. (KAM) (Entered: 10/26/2021)
10/26/2021
2862
ORDER − before the court is the Self−Funded Subclass Objectors' request
that the court require Dr. Joseph Mason to be deposed; the request was made
during the Fairness Hearing held on October 20−21, 2021; The court is
satisfied that it has the proper record information before it to determine if the
Fully−Insured/ASO allocation was fair, adequate, and reasonable; the
Self−Funded Subclass Objectors' request to depose Dr. Mason is DENIED.
Signed by Judge R David Proctor on 10/26/2021. (KAM) (Entered:
10/26/2021)
10/26/2021
2863
ORDER − this matter is before the court on the U.S. Secretary of Labor's
Motion for Leave to File Statement of Interest and to Participate in Fairness
Hearing 2856 ; the motion is GRANTED IN PART; The court has already
scheduled time to hear argument from the Secretary with regard to the
proposed Settlement. 2859 . The Court accepts the Secretarys Statement of
Interest as part of the Fairness Hearing record. Signed by Judge R David
Proctor on 10/26/2021. (KAM) (Entered: 10/26/2021)
10/27/2021
Minute Entry for proceedings held before Judge R David Proctor: Motion
Hearing held on 10/27/2021 re 2812 MOTION for Settlement Subscriber
Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs'
Counsel. (Court Reporter Risa Entrekin.) (KLL) (Entered: 10/27/2021)
396
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 396 of 509
11/03/2021
2864
Transcript (Volume I) of Motion Hearing for Final Approval of Class
Settlement of Subscriber Claims held on October 20, 2021, before Judge R.
David Proctor. Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/24/2021. Redacted Transcript Deadline set for 12/4/2021.
Release of Transcript Restriction set for 2/1/2022. (KAM) (Entered:
11/03/2021)
11/05/2021
2865
Transcript (Volume II) of Proceedings Motion Hearing for Final Approval of
Class Settlement held on October 21, 2021, before Judge R. David Proctor.
Court Reporter/Transcriber Risa L. Entrekin. 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. NOTICE: The parties have seven (7)
calendar days to file with the Court a Notice of Intent to Request Redaction
of this transcript. If no such Notice is filed, the transcript will be made
remotely electronically available to the public without redaction after 90
calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021.
Release of Transcript Restriction set for 2/3/2022. (KAM) (Entered:
11/05/2021)
11/05/2021
2866
Transcript (Volume III) of Proceedings Motion Hearing for Final Approval
of Class Settlement of Subscriber Plaintiffs; Claims held on October 27,
20212, before Judge R. David Proctor. Court Reporter/Transcriber Risa L.
Entrekin. 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.
NOTICE: The parties have seven (7) calendar days to file with the Court a
Notice of Intent to Request Redaction of this transcript. If no such Notice is
filed, the transcript will be made remotely electronically available to the
public without redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021.
Release of Transcript Restriction set for 2/3/2022. (KAM) (Entered:
11/05/2021)
11/09/2021
2867
TEXT ORDER − At the end of the second full day of the Fairness Hearing,
the court announced deadlines for post−hearing briefing regarding the
proposed Settlement and the objections received by the court. Interested
parties are REMINDED of the following deadlines: (1) the deadline for the
Settlement Proponents to file any further written submissions in favor of the
397
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 397 of 509
Settlement is November 12, 2021; (2) the deadline for any Objectors or other
interested persons to respond to the Settlement Proponents' written
submissions is December 1, 2021; (3) the deadline for any reply to the
Objectors submissions from the Settlement Proponents or other interested
parties is December 10, 2021. Signed by Judge R David Proctor on
11/9/2021. (KAM) (Entered: 11/09/2021)
11/12/2021
2868
RESPONSE in Support re 2812 MOTION for Settlement Subscriber
Plaintiff's Motion for Final Approval of Class Settlement filed by Plaintiffs'
Counsel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4
Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hausfeld, Michael)
(Entered: 11/12/2021)
11/12/2021
2869
RESPONSE in Support re 2812 MOTION for Settlement Subscriber
Plaintiff's Motion for Final Approval of Class Settlement filed by Defendants'
Counsel. (Laytin, Daniel) (Entered: 11/12/2021)
11/22/2021
2870
TEXT ORDER This matter is before the court on an informal request for an
extension of the deadlines for post−hearing briefing regarding the proposed
Settlement and the objections received by the court. The request is
unopposed, and is GRANTED. It is ORDERED as follows: (1) the deadline
for any Objectors or other interested persons to respond to the Settlement
Proponents' written submissions is December 8, 2021; and (2) the deadline
for any reply to the Objectors submissions from the Settlement Proponents or
other interested parties is December 17, 2021. Signed by Judge R David
Proctor on 11/22/2021. (KAM) (Entered: 11/22/2021)
11/22/2021
2871
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from October 1, 2021 through
October 31, 2021 in this matter relating solely to services provided to the
Plaintiffs, and totaling $44,000.00. Signed by Judge R David Proctor on
11/22/2021. (KAM) (Entered: 11/22/2021)
11/24/2021
2872
TEXT ORDER The court understands that the Provider/Blues mediator has
discussed with those parties the courts idea of conducting an economics day
designed to further educate the court and the mediators regarding the
provider−side market. The court contemplates that attorneys and client
representatives rather than experts will be primarily involved. To that end,
the Providers and the Blues SHALL meet and confer regarding dates in
January or February that would be convenient for that. On or before
December 3, 2021, the Providers and Blues SHALL report to the court
regarding their availability. Signed by Judge R David Proctor on 11/24/2021.
(KAM) (Entered: 11/24/2021)
12/02/2021
2873
RESPONSE to Settlement Proponent's Post−Hearing Arguments by Shiyant
Huang (pro se') (received 11/22/2021). (KAM) (Entered: 12/02/2021)
12/08/2021
2874
RESPONSE to Settlement Proponents Post−Hearing Arguments filed by
General Motors. (Wancjer, Hershel) (Entered: 12/08/2021)
12/08/2021
2875
RESPONSE to Post Hearing and Renewal of Objections filed by Home
Depot U.S.A., Inc.,. (Lowrey, Frank) (Entered: 12/08/2021)
12/08/2021
2876
Brief Alaska Air Movants' Post Fairness Hearing Brief. (Attachments: # 1
Exhibit A, # 2 Exhibit B)(Slater, Paul) (Entered: 12/08/2021)
398
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 398 of 509
12/08/2021
2877
Brief by Self−Funded Subclass Objectors Post−Fairness Hearing
[2812−19]. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Richie, John)
(Entered: 12/08/2021)
12/08/2021
2878
RESPONSE to re 2868 , 2869 Provider Plaintiffs' Response to Subscriber
Plaintiffs' and Defendants' Post−Hearing Briefs In Support of Final
Approval filed by Plaintiffs' Counsel. (Whatley, Joe) (Entered: 12/08/2021)
12/09/2021
2879
AMENDED STIPULATION AND ORDER REGARDING PROTECTED
HEALTH INFORMATION AND PERSONALLY IDENTIFIABLE
INFORMATION FOR SUBSCRIBER SETTLEMENT. Signed by Judge R
David Proctor on 12/9/2021. (KAM) (Entered: 12/09/2021)
12/17/2021
2880
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2868 Response in
Support of Motion, 2812 MOTION for Settlement Subscriber Plaintiff's
Motion for Final Approval of Class Settlement filed by Plaintiffs' Counsel.
(Hausfeld, Michael) (Entered: 12/17/2021)
12/17/2021
2881
REPLY Brief filed by Defendant Defendants' Counsel re: 2869 Response in
Support of Motion Defendants' Post−Hearing Reply Brief in Support of Final
Approval filed by Defendants' Counsel. (Laytin, Daniel) (Entered:
12/17/2021)
12/23/2021
2882
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 12/23/2021. (KEK) (Entered:
12/23/2021)
12/28/2021
2883
MOTION to Withdraw as Attorney by Blue Cross and Blue Shield of
Alabama. (Priester, James) (Entered: 12/28/2021)
01/05/2022
2884
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by attorney James L. Priester. 2883 The Motion 2883 is GRANTED.
The Clerk of Court is DIRECTED to TERMINATE attorney Priester as
counsel for BCBS−AL in this MDL, as well as in the underlying cases in
which he has appeared which are listed in the Motion. 2883 Other attorneys
from Maynard, Cooper & Gale, P.C. will continue to represent BCBS−AL..
Signed by Judge R David Proctor on 1/5/2022. (KAM) (Entered: 01/05/2022)
01/10/2022
2885
MOTION for Supplemental Notice to Self−Funded Accounts by Plaintiffs'
Counsel. (Attachments: # 1 Declaration of Jennifer M. Keough, # 2
[Proposed] Order)(Hausfeld, Michael) (Entered: 01/10/2022)
01/11/2022
2886
TEXT ORDER − This matter is before the court on the Motion from
Subscriber Plaintiffs and Settling Defendants for Supplemental Notice to
Self−Funded Accounts. 2885 . On or before January 18, 2022, any
opposition to the Motion SHALL be filed. Any reply SHALL be filed on or
before January 25, 2022. Signed by Judge R David Proctor on 1/11/2022.
(KAM) (Entered: 01/11/2022)
01/13/2022
2887
RESPONSE in Opposition re 2885 MOTION for Supplemental Notice to
Self−Funded Accounts Alaska Air Movants' Objection to Motion for
Supplemental Notice to Self−Funded Accounts filed by National Account
Objectors. (Attachments: # 1 Exhibit A)(Presley, Benjamin) (Entered:
01/13/2022)
01/18/2022
2888
399
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 399 of 509
RESPONSE to Motion re 2885 MOTION for Supplemental Notice to
Self−Funded Accounts filed by Home Depot U.S.A., Inc.,. (Lowrey, Frank)
(Entered: 01/18/2022)
01/18/2022
2889
RESPONSE in Opposition re 2885 MOTION for Supplemental Notice to
Self−Funded Accounts Objection to Motion for Supplemental Notice to
Self−Funded Accounts filed by General Motors. (Wancjer, Hershel) (Entered:
01/18/2022)
01/18/2022
2890
Opposition to re 2885 filed by Employee Services Inc, ServisFirst
Bancshares Inc, Topographic. Inc.. (Richie, John) (Entered: 01/18/2022)
01/21/2022
2891
MOTION to Withdraw as Attorney by Blue Cross Blue Shield of Arizona.
(Sooy, Kathleen) (Entered: 01/21/2022)
01/24/2022
2892
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by Crowell & Moring LLP counsel. 2891 The Motion 2891 is
GRANTED. The Clerk of Court is directed to terminate attorneys Kathleen
Taylor Sooy, Tracy A. Roman, April N. Ross, Sarah M. Gilbert, Honor R.
Costello, and Michael W. Lieberman as counsel for BCBS−AZ in this MDL,
as well as in the underlying cases in which they have appeared, which are
listed in the Motion. 2891 Attorneys from Cravath, Swaine & Moore LLP
will continue to represent BCBS−AZ. Signed by Judge R David Proctor on
1/24/2022. (KAM) (Entered: 01/24/2022)
01/24/2022
2893
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from December 1, 2021 through
December 31, 2021 in this matter relating solely to services provided to the
Plaintiffs, and totaling $64,000.00. Signed by Judge R David Proctor on
1/24/2022. (KAM) (Entered: 01/24/2022)
01/25/2022
2894
REPLY Brief filed by Plaintiff Plaintiffs' Counsel re: 2885 MOTION for
Supplemental Notice to Self−Funded Accounts filed by Plaintiffs' Counsel.
(Hausfeld, Michael) (Entered: 01/25/2022)
01/25/2022
2895
RESPONSE to re 2888 Defendants' Response to Objector Home Depot's
Submission Regarding Subscribers' Motion for Supplemental Notice to
Self−Funded Accounts filed by Defendants' Counsel. (Laytin, Daniel)
(Entered: 01/25/2022)
01/27/2022
2896
STIPULATION Joint Stipulation Regarding the Proposed Supplemental
Notice to Self−Funded Accounts by Plaintiffs' Counsel. filed by Plaintiffs'
Counsel (Hausfeld, Michael) (Entered: 01/27/2022)
02/04/2022
2897
MEMORANDUM OPINION AND ORDER GRANTING MOTION FOR
SUPPLEMENTAL NOTICE TO SELF−FUNDED ACCOUNTS −
Subscriber Plaintiffs Motion for Supplemental Notice to Self−Funded
Accounts (Doc. # 2885) is GRANTED as set out within this order; the court
WILL NOT resolve Subscriber Plaintiffs' motion for final approval until
after supplemental notice is complete, and the renewed opt−out period for
Self−Funded Entity Accounts is closed. The court RESERVES the question
of whether subsequent briefing or reports are necessary after supplemental
notice occurs; The previously submitted objections relating to the inability to
opt out of the Second Blue Bid injunctive relief are OVERRULED. Signed
by Judge R David Proctor on 2/4/2022. (KAM) (Entered: 02/04/2022)
400
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 400 of 509
02/11/2022
2898
MOTION to Withdraw by Blue Cross Blue Shield of Arizona. (Kappel,
Brian) (Entered: 02/11/2022)
02/11/2022
2899
TEXT ORDER This matter is before the court on the Motion to Withdraw
filed by John M. Johnson and Brian P. Kappel of Lightfoot Franklin &
White, LLC. 2898 The Motion 2898 is GRANTED. The Clerk of Court is
directed to terminate attorneys John M. Johnson and Brian P. Kappel as
counsel for BCBS−AZ in this MDL, as well as in the underlying cases in
which they have appeared, which are listed in the Motion. 2898 Attorneys
from Cravath, Swaine & Moore LLP will continue to represent BCBS−AZ.
Signed by Judge R David Proctor on 2/11/2022. (KAM) (Entered:
02/11/2022)
02/15/2022
2900
ORDER REGARDING PROVIDER ECONOMICS DAY II − The Provider
Track of this case is SET for a status conference at 9:00 a.m. on Tuesday,
March 1, 2022 in New York, New York at the offices of Cravath, Swaine &
Moore LLP, 825 8th Avenue, New York, NY 10019; The Blues shall provide
the court with their pre−Provider Economics Day submission on or before
February 23, 2022. Similarly, Provider Plaintiffs shall provide the court with
their pre−Provider Economics Day submissions on or before February 23,
2022. Signed by Judge R David Proctor on 2/15/2022. (KAM) (Entered:
02/15/2022)
02/16/2022
2901
MEMORANDUM OPINION AND ORDER − 2730 Provider Plaintiffs
Motion for Partial Summary Judgment Regarding the Standard of Review in
Light of Amex is GRANTED; The Amex case does not affect the standard
of review in this case. Signed by Judge R David Proctor on 2/16/2022.
(KAM) (Entered: 02/16/2022)
02/16/2022
2902
MEMORANDUM OPINION. Signed by Judge R David Proctor on
2/16/2022. (KAM) (Entered: 02/16/2022)
02/16/2022
2903
ORDER OF DISMISSAL in accordance with the accompanying
Memorandum Opinion, 2753 Certain Defendants' Motion for Partial
Summary Judgment is GRANTED; Final judgment SHALL be entered in
favor of Defendants on the claims asserted by Plaintiffs Charles H. Clark III,
M.D., Robert W. Nesbitt, M.D., Luis R. Pernia, M.D., Corey Musselman,
M.D., Julie McCormick, M.D., L.L.C., Harbir Makin, M.D., Hillside Family
Medicine, LLC, Ear, Nose & Throat Consultants and Hearing Services,
P.L.C., and Kathleen Cain, M.D. These named Plaintiffs claims are
DISMISSED WITH PREJUDICE.. Signed by Judge R David Proctor on
2/16/2022. (KAM) (Entered: 02/16/2022)
02/23/2022
2904
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from January 1, 2022 through
January 31, 2022 in this matter relating solely to services provided to the
Plaintiffs, and totaling $45,000.00. Signed by Judge R David Proctor on
2/23/2022. (KAM) (Entered: 02/23/2022)
03/01/2022
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 3/1/2022. (Court Reporter Risa Entrekin. TRANSCRIPT
WILL BE FOR COURT USE ONLY; NOT PUBLIC DISCLOSURE) (KLL)
(Entered: 03/01/2022)
03/11/2022
2905
401
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 401 of 509
NOTICE by Blue Cross Blue Shield Michigan /Notice of withdrawal of
attorney Edmund Saw for defendant Blue Cross Blue Shield of Michigan
(Stenerson, Todd) (Entered: 03/11/2022)
03/11/2022
2906
TEXT ORDER − This matter is before the court on the Notice of
Withdrawal filed by attorney Edmund Saw. 2905 Defendant Blue Cross Blue
Shield of Michigan will continue to be represented by other attorneys at the
law firm of Shearman & Sterling LLP. Therefore, the Notice/Motion 2905 is
GRANTED. The Clerk of Court is directed to terminate attorney Saw from
representing Blue Cross Blue Shield of Michigan in the MDL and in any
underlying member cases. Signed by Judge R David Proctor on 3/11/2022.
(KEK) (Entered: 03/11/2022)
03/22/2022
2907
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from February 1, 2022 through
February 28, 2022 in this matter relating solely to services provided to the
Plaintiffs, and totaling $53,000.00. Signed by Judge R David Proctor on
3/22/2022. (KAM) (Entered: 03/22/2022)
03/23/2022
2908
ORDER This case is SET for a status conference at 9:30 a.m. on Monday,
May 16, 2022 before Judge R David Proctor. The Special Master will
provide Zoom and/or telephone access information for those unable to attend
in person.On or before Wednesday, May 11, 2022, the parties SHALL
submit a joint report containing a proposed agenda of items the parties wish
to be addressed during the status conference. Signed by Judge R David
Proctor on 3/23/2022. (KAM) (Entered: 03/23/2022)
04/15/2022
2909
NOTICE by Plaintiffs' Counsel Notice of Withdrawal of Attorney for
Subscriber Plaintiffs (Francis, Kimberly) (Entered: 04/15/2022)
04/18/2022
2910
TEXT ORDER − This matter is before the court on the Notice of
Withdrawal filed by attorney Kimberly Francis. 2902 In light of the Notice
2902 the Clerk of the Court is DIRECTED to TERMINATE attorney
Francis. Signed by Judge R David Proctor on 4/18/2022. (KAM) (Entered:
04/18/2022)
04/21/2022
2911
NOTICE of Appearance by Rebecca Diane Gilliland on behalf of Plaintiffs'
Counsel (Gilliland, Rebecca) (Entered: 04/21/2022)
04/21/2022
2912
NOTICE of Appearance by Jessica Machelle Haynes on behalf of Plaintiffs'
Counsel (Haynes, Jessica) (Entered: 04/21/2022)
04/25/2022
2913
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT.
Signed by Judge R David Proctor on 4/25/2022. (KEK) (Entered:
04/25/2022)
05/10/2022
2914
NOTICE Certifying Compliance with the Court's February 4, 2022 Order
Regarding Supplemental Notice by Plaintiffs' Counsel. (Attachments: # 1
Declaration of Jennifer M. Keough regarding Supplemental Notice Plan and
Settlement Administration)(Hausfeld, Michael) Modified on 5/12/2022−
correcting docket (KAM). (Entered: 05/10/2022)
05/11/2022
2915
MOTION to Withdraw as Attorney − ALICIA L. SHELTON by Plaintiffs'
Counsel. (Smith, Cyril) (Entered: 05/11/2022)
05/11/2022
2916
402
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 402 of 509
STATUS REPORT Report Regarding Proposed Agenda for Status
Conference on May 16, 2022, at 9:30 a.m. (Central) by Special Master. filed
by Special Master (Gentle, Edgar) (Entered: 05/11/2022)
05/11/2022
2917
TEXT ORDER This matter is before the court on the Withdrawal of
Appearance filed by attorney Alicia L. Shelton. 2915 The Withdrawal 2915
is construed as a motion, and is GRANTED. The Clerk of the Court is
directed to terminate attorney Shelton. Signed by Judge R David Proctor on
5/11/2022. (KAM) (Entered: 05/11/2022)
05/13/2022
2918
NOTICE by Plaintiffs' Counsel re 2729 SEALED MOTION, 2727 MOTION
for Summary Judgment ("Defendants' Motion Regarding The Antitrust
Standard Of Review Applicable To Provider Plaintiffs' Section 1 Claims
Pursuant To Federal Rule Of Civil Procedure 56") of Supplemental Authority
Regarding the Parties' Motions for Partial Summary Judgment on the
Standard of Review (Provider Plaintiffs) (Whatley, Joe) (Entered:
05/13/2022)
05/13/2022
2919
Unopposed MOTION to Amend/Correct the Subscriber Track Notice
Website by Plaintiffs' Counsel. (Hausfeld, Michael) (Entered: 05/13/2022)
05/16/2022
Minute Entry for proceedings held before Judge R David Proctor: Status
Conference held on 5/16/2022. (Court Reporter Pamela Weyant.) (KLL)
(Entered: 05/16/2022)
05/16/2022
2920
TEXT ORDER − This matter is before the court on Subscriber Settlement
Class Counsels Unopposed Motion to Amend the Subscriber Track Notice
Website. 2919 The Motion seeks to update Frequently Asked Question No.
25 to address the timing of a request for a Second Blue Bid. The Motion 2919
is GRANTED. Settlement Class Counsel SHALL cause the settlement
website to be updated to reflect the proposed amended FAQ 25. Signed by
Judge R David Proctor on 5/16/2022. (KAM) (Entered: 05/16/2022)
05/23/2022
2921
Transcript of Proceedings held on May 16, 2022, before Judge R. David
Proctor. Court Reporter/Transcriber Pamela Weyant. 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. NOTICE:
The parties have seven (7) calendar days to file with the Court a Notice of
Intent to Request Redaction of this transcript. If no such Notice is filed, the
transcript will be made remotely electronically available to the public without
redaction after 90 calendar days. (A copy can be obtained at
http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript%
20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction
Request due 6/13/2022. Redacted Transcript Deadline set for 6/23/2022.
Release of Transcript Restriction set for 8/21/2022. (KAM) (Entered:
05/23/2022)
05/24/2022
2922
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from April 1, 2022 through April 30,
2022 in this matter relating solely to services provided to the Plaintiffs, and
totaling $20,000.00. Signed by Judge R David Proctor on 5/24/2022. (KAM)
(Entered: 05/24/2022)
05/31/2022
2923
403
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 403 of 509
RESPONSE to re 2918 ("Defendants' Response to Provider Plaintiffs' Notice
of Supplemental Authority Regarding the Parties' Motions for Partial
Summary Judgment on the Standard of Review") filed by Defendants'
Counsel. (Chesler, Evan) (Entered: 05/31/2022)
06/06/2022
2924
REPLY to re 2923 Provider Plaintiffs' Reply to Defendants' Response to
Providers' Notice of Supplemental Authority Regarding the Parties' Motions
for Partial Summary Judgment on the Standard of Review filed by Plaintiffs'
Counsel. (Whatley, Joe) (Entered: 06/06/2022)
06/16/2022
2925
NOTICE by Plaintiffs' Counsel Provider Plaintiffs' Submission on Remand
(Attachments: # 1 Exhibit A − June 7 Email)(Whatley, Joe) (Entered:
06/16/2022)
06/16/2022
2926
NOTICE by Defendants' Counsel ("Defendants' Submission on Issues to be
Resolved Prior to Remand"). (Chesler, Evan) (Entered: 06/16/2022)
06/23/2022
2927
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from May 1, 2022 through May 31,
2022 in this matter relating solely to services provided to the Plaintiffs, and
totaling $20,000.00. Signed by Judge R David Proctor on 6/23/2022. (KAM)
(Entered: 06/23/2022)
06/24/2022
2928
AFFIDAVIT in Support re 2610 MOTION for Settlement Subscriber
Plaintiffs Motion for Preliminary Approval of Proposed Class Settlement
Declaration of Jennifer M. Keough Regarding Exclusion Requests filed by
Plaintiffs' Counsel. (Hausfeld, Michael) (Entered: 06/24/2022)
07/15/2022
2929
NOTICE of Appearance by Michael Gulisano on behalf of John Hoover
(Gulisano, Michael) (Entered: 07/15/2022)
07/25/2022
2930
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from June 1, 2022 through June 30,
2022 in this matter relating solely to services provided to the Plaintiffs, and
totaling $19,000.00. Signed by Judge R David Proctor on 7/25/2022. (KAM)
(Entered: 07/25/2022)
08/09/2022
2931
FINAL ORDER AND JUDGMENT GRANTING APPROVAL OF
SUBSCRIBER CLASS ACTION SETTLEMENT AND APPOINTING
SETTLEMENT ADMINISTRATOR − for the reasons set out in this order;
Subscriber Plaintiffs' Motion for Final Approval of Class Settlement and
Appointment of Settlement Administrator 2812 is GRANTED; Pursuant to
Rule 23(g) of the Federal Rules of Civil Procedure, the court APPOINTS
Hausfeld, LLP and Boies Schiller Flexner, LLP as Settlement Class Counsel
for the Settlement Classes and Burns Charest, LLP as Self−Funded
Sub−Class Settlement Counsel for the Self−Funded Sub−Class; the court
hereby GRANTS final approval of the Settlement Agreement in all respects
(including, without limitation: the Settlement Fund amount; the releases; the
Injunctive Relief; and the dismissal with prejudice of the claims asserted
against Settling Defendants in the Action), and finds that the Settlement
Agreement is, in all respects, fair, reasonable, and adequate to the Settlement
Classes; Except as to any claim of those Rule 23(b)(3) Opt−Outs identified in
Document # 2928 who have validly and timely requested exclusion from the
Damages Class and the divisible Second Blue Bid relief, the Action and all
claims contained therein, as well as all of the Released Claims against any of
404
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 404 of 509
the Releasees by Releasors, are each hereby DISMISSED WITH
PREJUDICE. This Final Order and Judgment SHALL NOT affect, in any
way, the right of Releasors to pursue claims, if any, outside the scope of the
Released Claims; The court RESERVES the issue of the makeup of the
Monitoring Committee established in the Settlement. The court will appoint
the members of the Monitoring Committee by separate order; The Subscriber
Actions are hereby DISMISSED WITH PREJUDICE and, except as
provided for in the Settlement Agreement and any order of this court granting
fee, expense, or service awards as contemplated under the Settlement
Agreement, without costs. The Honorable Irma E. Gonzalez (Ret.) is
APPOINTED as the Settlement Administrator, with responsibility limited to
assisting in the implementation of the Plan of Distribution and the resolution
of any disputes between Settlement Class Members and the Claims
Administrator pursuant to the Plan of Distribution, as set forth in the
Settlement Agreement. Signed by Judge R David Proctor on 8/9/2022.
(KAM) (Entered: 08/09/2022)
08/09/2022
2932
ORDER AWARDING SUBSCRIBER PLAINTIFFS COUNSEL
ATTORNEYS FEES AND EXPENSES 2733 Motion for Attorney Fees is
GRANTED; Subscriber Counsel are hereby AWARDED attorneys fees in
the amount of $626,583,372.10, representing 23.47% of the Settlement Fund.
The court FINDS this amount to be fair and reasonable. Subscriber Counsel
are FURTHER AWARDED $40,916,627.90 in payment of litigation costs
and expenses to be paid from the Settlement Fund, which sum the court finds
to be fair, adequately documented, reasonable, and necessary to the
representation of the Settlement Class; Any appeal or any challenge affecting
this courts approval regarding any attorneys fees and expense application
SHALL in no way disturb or affect the finality of the Judgment. Signed by
Judge R David Proctor on 8/9/2022. (KAM) (Entered: 08/09/2022)
08/09/2022
2933
MEMORANDUM OPINION AND ORDER ON DEFENDANTS MOTION
REGARDING THE ANTITRUST STANDARD OF REVIEW
APPLICABLE TO PROVIDER PLAINTIFFS SECTION 1 CLAIMS
PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56 − for all
the reasons set forth in this order, Defendants' Motion Regarding the Anitrust
Standard of Review Applicable to Provider Plaintiffs' Section 1 Claims 2722
is GRANTED IN PART AND DENIED IN PART; The Motion is
GRANTED to the extent that the court concludes that ESAs, viewed alone
(i.e., divorced from NBE), should not immediately be assumed to be
anticompetitive, 1−800 Contacts, 1 F.4th at 116, and thus are not naked
restraint[s] of trade with no purpose except stifling competition. Levine v.
Cent. Fla. Med. Affiliates, Inc., 72 F.3d 1538, 1550 (11th Cir. 1996).
Therefore, for the period of time following the elimination of the NBE rule
(after April 2021), the court concludes that it must apply the rule of reason
analysis to Providers Market Allocation Conspiracy claims.In all other
respects, the Motion is DENIED. Signed by Judge R David Proctor on
8/9/2022. (KAM) (Entered: 08/09/2022)
08/09/2022
2934
MEMORANDUM OPINION AND ORDER ON PROVIDER PLAINTIFFS
MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE
STANDARD OF REVIEW FOR THEIR GROUP BOYCOTT CLAIMS −
This matter is before the court on Provider Plaintiffs Motion for Partial
Summary Judgment Regarding the Standard of Review for their Group
405
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 405 of 509
Boycott Claims 2729 ; the court determines that Providers alleged Boycott
Conspiracy is not a naked restraint of trade with no purpose except stifling
competition. Levine, 72 F.3d at 1550. Therefore, the court reaffirms its
conclusion that it must apply the rule of reason analysis to Providers Boycott
Conspiracy claim. See In re Blue Cross Blue Shield Antitrust Litig., 308 F.
Supp. 3d at 1277. Signed by Judge R David Proctor on 8/9/2022. (KAM)
(Entered: 08/09/2022)
08/15/2022
2935
MOTION to Withdraw as Attorney by HealthNow New York, Inc. d/b/a
BlueCross BlueShield of Western New York and BlueShield of Northeastern
New York. (Sooy, Kathleen) (Entered: 08/15/2022)
08/16/2022
2936
TEXT ORDER − This matter is before the court on the Motion to Withdraw
filed by certain attorneys from Crowell & Moring LLP from representing
Highmark Western and Northeastern New York Inc., formerly known and
sued as HealthNow New York Inc. d/b/a BlueCross BlueShield of Western
New York and BlueShield of Northeastern New York. 2935 The Motion
2935 is GRANTED. The Clerk of the Court is DIRECTED to
TERMINATE attorneys Kathleen Taylor Sooy, Tracy A. Roman, April N.
Ross, Michael W. Lieberman, Sarah M. Gilbert, and Honor R. Costello from
representing these Defendants. The Clerk of Court is FURTHER
DIRECTED to TERMINATE the listed lawyers from representing these
Defendants in the underlying actions listed in the Motion. Signed by Judge R
David Proctor on 8/16/2022. (KAM) (Entered: 08/16/2022)
08/17/2022
2937
ORDER This case is SET for a Status Conference at 9:00 a.m. on Monday,
October 3, 2022 in Courtroom 8 of the Hugo L Black US Courthouse,
Birmingham, AL before Judge R David Proctor. The court anticipates that it
will conduct caucuses following the status conference. The court, via the
Special Master, will provide remote access instructions for those unable to
attend in person. On or before Wednesday, September 28,2022, the parties
SHALL submit a joint report containing a proposed agenda of items the
parties which to be addressed during the status conference. Signed by Judge
R David Proctor on 8/17/2022. (KAM) (Entered: 08/17/2022)
08/22/2022
2938
ORDER APPROVING SPECIAL MASTER INVOICE FOR PAYMENT for
services rendered and expenses incurred from July 1, 2022 through July 31,
2022 in this matter relating solely to services provided to the Plaintiffs, and
totaling $30,000.00. Signed by Judge R David Proctor on 8/22/2022. (KAM)
(Entered: 08/22/2022)
09/07/2022
2939
AMENDMENT TO FINAL ORDER AND JUDGMENT GRANTING
APPROVAL OF SUBSCRIBER CLASS ACTION SETTLEMENT
RELATING ONLY TO THE RELEASES PROVIDED BY OPT−OUTS −
on the court's own motion, pursuant to FRCP 60(a) and with the settling
parties' consent, the Final Order and Judgment Granting Approval of
Subscriber Class Action Settlement is AMENDED, as as set out within this
order, with regard to the releases provided by Opt−Outs under the Settlement.
Signed by Judge R David Proctor on 9/7/2022. (KAM) (Entered: 09/07/2022)
09/07/2022
2940
NOTICE OF APPEAL by Employee Services Inc, Topographic. Inc.. Filing
fee $ 505, receipt number AALNDC−4164486. NDAL rec# B−1015 (Richie,
John) Modified on 9/7/2022 (KAM). (Entered: 09/07/2022)
406
Case 2:13-cv-20000-RDP Document 2947 Filed 09/09/22 Page 406 of 509
09/07/2022
2943
NOTICE OF APPEAL by Objectors Jennifer Cochran and Aaron Craker as
to 2931 Order, 2932 Order on Motion for Attorney Fees,, (KAM) (Entered:
09/09/2022)
09/08/2022
2941
MOTION to Amend/Correct 2939 Order, by Home Depot U.S.A., Inc.,.
(Attachments: # 1 Affidavit Declaration of Frank Lowrey)(Lowrey, Frank)
(Entered: 09/08/2022)
09/08/2022
2942
NOTICE OF APPEAL as to 2939 Order, 2931 Order,,,,,,,,, by Home Depot
U.S.A., Inc.,. Filing fee $ 505, receipt number BALNDC−4165628. (Lowrey,
Frank) (Entered: 09/08/2022)
09/08/2022
2944
NOTICE OF APPEAL by class member David G. Behenna as to 2931 Order
2932 Order on Motion for Attorney Fees,,. (KAM) (Entered: 09/09/2022)
09/09/2022
2945
TEXT ORDER − This matter is before the court on the Motion to Amend
Judgment filed by Opt−Out Home Depot U.S.A., Inc. and related parties
2941 . The Settling Parties and any other interested party SHALL respond to
the Motion 2941 on or before September 16, 2022. Signed by Judge R David
Proctor on 9/9/2022. (KAM) (Entered: 09/09/2022)
09/09/2022
2946
Transmittal Letter to the Eleventh Circuit Court of Appeals for 2940 appeal
by Self−Funded Subclass Objectors Topographic. Inc. (KAM) (Entered:
09/09/2022)
407
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22UNITED STATES DISTRICT COURT
Northern District of Alabama
Office of the Clerk
Hugo L. Black United States Courthouse
Room 140, 1729 5th Avenue North
Birmingham, Alabama 35203
(205) 278-1700
Clerk of Court
U.S. Court of Appeals for the Federal Circuit
717 Madison Place, NW
Washington, DC 20439
U.S.D.C. No :=2:13-cv-20000-RDP
U.S.C.A. No. New Appeal
IN RE: In Re: Blue Cross Blue Shield Antitrust Litigation MDL
Enclosed are documents regarding an appeal in this matter. Please acknowledge receipt on the enclosed copy of this transmittal.
☒ Certified copy of Notice of Appeal, Docket Entries and Judgment/Order and Opinion appealed from enclosed.
☐
Certified record, supplemental record on appeal consisting of: Click here to enter text. volume(s) of pleadings, etc.;
Click here to enter text.volume(s) of transcripts;
☒
First Notice of Appeal? Yes Dates of other Notices:
☐
The following materials SEALED in this court (order enclosed) consisting of: Click here to enter text.
☐
Original papers (court file) and certified copy of docket entries per USCA request.
☐
There was no hearing from which a transcript could be made.
☐
Copy of CJA Form 20 or District Court order appointing counsel.
☒
The appellant docket fee has been paid. Yes Date Paid: 9/7/2022
☐
The appellant has been leave to appeal in forma pauperis and request for certificate of appealability (order enclosed).
☒
The Judge/Magistrate Judge appealed from is: R. David Proctor
☐
The Court Reporter is:
☐
This is a BANKRUPTCY APPEAL. Please send notice of final order and/or opinion to: Joe Bulgarella, Clerk, U.S.
Bankruptcy Court, 1800 5th Avenue North, Birmingham, Alabama 35203.
☐
This is a DEATH PENALTY appeal.
☐
Appellant having failed to cure procedural defects re: appeal fee, the appeal is due to be DISMISSED.
☐
Other:
xc: Counsel
Sharon Harris, Clerk
By_ __K. Miller___________
Deputy Clerk
FILED
2022 Sep-09 PM 02:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
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1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
IN RE: BLUE CROSS BLUE SHIELD
ANTITRUST LITIGATION (MDL No.
2406)
)
)
)
)
)
)
Master File No. 2:13-CV-20000-
RDP
NOTICE OF APPEAL
Self-Funded Subclass Objectors Topographic, Inc. and Employee Services,
Inc. hereby give notice of their appeal to the United States Court of Appeals for the
Eleventh Circuit from the final judgment in this action entered by the District Court
on August 9, 2022 (Doc. 2931), and amended on September 7, 2022 (Doc. 2939),
along with all interlocutory rulings leading up to the final judgment and all
subsequent orders premised thereon, including but not limited to the order awarding
fees and costs to class counsel (Doc. 2932).
FILED
2022 Sep-07 PM 01:09
U.S. DISTRICT COURT
N.D. OF ALABAMA
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Respectfully submitted this 7th day of September, 2022.
s/J. Thomas Richie
One of the Attorneys for Objectors
OF COUNSEL
Michael R. Pennington
J. Thomas Richie
Emily M. Ruzic
BRADLEY ARANT BOULT CUMMINGS LLP
1819 Fifth Avenue North
Birmingham, AL 35203-2119
Telephone: (205) 521-8000
Facsimile: (205) 521-8800
mpennington@bradley.com
trichie@bradley.com
eruzic@bradley.com
Scott Burnett Smith
BRADLEY ARANT BOULT CUMMINGS LLP
200 Clinton Avenue West, Suite 900
Huntsville, AL 35801-4900
Telephone: (256) 517-5100
Facsimile: (256) 517-5200
ssmith@bradley.com
Richard D. Nix
Henry D. Hoss
M. Richard Mullins
Mark D. Spencer
MCAFEE & TAFT A PROFESSIONAL CORPORATION
Eighth Floor, Two Leadership Square
211 N. Robinson
Oklahoma City, OK 73102
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
richard.nix@mcafeetaft.com
henry.hoss@mcafeetaft.com
richard.mullins@mcafteetaft.com
mspencer@mcafeetaft.com
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CERTIFICATE OF SERVICE
I hereby certify that on September 7, 2022, the foregoing was electronically
filed with the Clerk of Court using the CM/ECF system which will send notification
of such filing to all counsel of record.
/s/ J. Thomas Richie
J. Thomas Richie
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
IN RE: BLUE CROSS BLUE SHIELD
}
Master File No.: 2:13-CV-20000-RDP
}
ANTITRUST LITIGATION
}
(MDL NO.: 2406)
}
FINAL ORDER AND JUDGMENT GRANTING APPROVAL OF SUBSCRIBER CLASS
ACTION SETTLEMENT AND APPOINTING SETTLEMENT ADMINISTRATOR
This matter is before the court on Subscriber Plaintiffs’1 Motion for Final Approval of
Class Settlement and Appointment of Settlement Administrator. (Doc. # 2812). The Motion has
been thoroughly briefed by the parties and certain objectors, both before and after a lengthy
fairness hearing. The motion is ripe for decision.
I.
Relevant Procedural History
This litigation began more than nine years ago and involves the consolidation of a number
of actions filed by Subscriber Plaintiffs against the Blue Cross and Blue Shield Association
(“BCBSA”) and its Member Plans (the “Member Plans” or “Blue Plans”) (collectively,
“Defendants” or “Blues”). Subscriber Plaintiffs allege, among other things, that Defendants
1 Subscriber Plaintiffs are Galactic Funk Touring, Inc.; American Electric Motor Services, Inc.; CB Roofing,
LLC; Pearce, Bevill, Leesburg, Moore, P.C.; Pettus Plumbing & Piping, Inc.; Consumer Financial Education
Foundation of America, Inc.; Fort McClellan Credit Union; Rolison Trucking Co., LLC; Conrad Watson Air
Conditioning, Inc.; Linda Mills; Frank Curtis; Jennifer Ray Davidson; Pete Moore Chevrolet, Inc.; Jewelers Trade
Shop; Saccoccio & Lopez; Angel Foster (fka Angel Vardas); Monika Bhuta; Michael E. Stark; G&S Trailer Repair
Inc.; Chelsea L. Horner; Montis, Inc.; Renee E. Allie; John G. Thompson; Avantgarde Aviation, Inc.; Hess, Hess &
Daniel, P.C.; Betsy Jane Belzer; Bartlett, Inc., d/b/a Energy Savers; Matthew Allan Boyd; Gaston CPA Firm; Rochelle
and Brian McGill; Sadler Electric; Jeffrey S. Garner; Amy MacRae; Vaughan Pools, Inc.; Casa Blanca, LLC; Jennifer
D. Childress; Clint Johnston; Janeen Goodin; Marla S. Sharp; Erik Barstow; GC/AAA Fences, Inc.; Keith O. Cerven;
Teresa M. Cerven; Sirocco, Inc.; Kathryn Scheller; Iron Gate Technology, Inc.; Nancy Thomas; Pioneer Farm
Equipment, Inc.; Scott A. Morris; Tony Forsythe; Joel Jameson; Ross Hill; Angie Hill; Kevin Bradberry; Christy
Bradberry; Tom Aschenbrenner; Juanita Aschenbrenner; Free State Growers, Inc.; Tom A. Goodman; Jason
Goodman; Comet Capital, LLC; Barr, Sternberg, Moss, Lawrence, Silver & Munson, P.C.; Mark Krieger; Deborah
Piercy; and Lisa Tomazzoli. This memorandum is also submitted on behalf of Self-Funded Plaintiff Hibbett Sports,
Inc.
FILED
2022 Aug-09 PM 12:03
U.S. DISTRICT COURT
N.D. OF ALABAMA
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violated Sections 1, 2, and 3 of the Sherman Antitrust Act, 15 U.S.C. §§ 1-3, by entering into an
unlawful agreement that restrained competition between them in the markets for selling health
insurance and the administration of Commercial Health Benefit Products in the United States and
its territories. Subscriber Plaintiffs contend that the Blues: (1) allocated geographic territories; (2)
limited the Member Plans from competing against each other, even when not using a Blue name,
by mandating a minimum percentage of business that each Member Plan must do under that name,
both inside and outside each Member Plan’s territory; (3) restricted the right of any Member Plan
to be sold to a company that is not a member of BCBSA; and (4) further agreed to other ancillary
restraints on competition. (Doc. # 1082). Subscriber Plaintiffs seek actual damages, treble
damages, and injunctive relief to prevent future loss or damage resulting from Defendants’
conduct. (Id.).
Over the past nine years, this multidistrict litigation has been extraordinarily complex,
protracted, and hard-fought. (Doc. # 2625-1 at 3-8). Defendants filed, and the court addressed,
over a dozen motions to dismiss. The parties spent substantial time on the production of terabytes
of structured health insurance data from thirty-seven separate Defendants, many with different
data management systems. (Doc. # 2610-6 ¶ 14). With the invaluable assistance of Magistrate
Judge T. Michael Putnam (Ret.), the parties briefed and the court ruled on over 150 discovery
motions, which led to 91 discovery orders. Subscriber Plaintiffs obtained and analyzed over 15
million pages of documents, conducted over 120 depositions of Defendants and third-party
witnesses, and defended over 20 depositions of class representatives and various experts. (Id. ¶¶
14-15). Subscriber Plaintiffs reviewed and challenged hundreds of thousands of privilege log
entries, resulting in 45 Reports & Recommendations by Privilege Special Master R. Bernard
Harwood, Jr. and the full or partial de-designation of over 450,000 documents. (Id. ¶ 16).
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The parties briefed several rounds of summary judgment motions. (Docs. # 1348; 1350;
1353; 1434). Subscriber Plaintiffs prevailed on their motion seeking application of a per se
standard of review to Defendants’ alleged “aggregation of competitive restraints.” In re Blue Cross
Blue Shield Antitrust Litig., 308 F. Supp. 3d 1241, 1267 (N.D. Ala. 2018). Although this court
certified its standard of review order under 28 U.S.C. § 1292(b), the Eleventh Circuit declined to
hear the appeal. In re Blue Cross Blue Shield Antitrust Litig., 2018 WL 7152887 (11th Cir. Dec.
12, 2018). More recently, the parties briefed motions for class certification of a nationwide
injunctive relief class and an Alabama damages class, each side supporting its claims with expert
reports totaling hundreds of pages respectively. (Docs. # 2407-2416; 2421; 2422; 2453-2457).
After nearly three years of litigation, the parties first began settlement discussions in 2015.
The parties initially hired a mediator and participated in several mediation sessions from 2015
through 2017. Those discussions involved counsel for the Subscriber Plaintiffs, Provider Plaintiffs,
Defendants, and Defendants’ insurers. (Doc. # 2610-6 ¶¶ 28-29). In November 2017, after the
mediation sessions in 2015, 2016, and 2017 failed to gain traction, Special Master Edgar C. Gentle
assisted the parties in their settlement discussions. Over the course of the next two years, there
were scores of additional mediation sessions. The negotiations were protracted, complicated, and
challenging. Ultimately the parties (with Gentle’s able assistance) reached an agreement on
proposed structural relief. That relief is historic and substantial. After agreeing to structural relief,
the parties also were required to address financial relief. They continued their work and agreed on
a common fund for the monetary benefit of the class. Only after the parties agreed on structural
relief and the common fund did they begin negotiations about attorneys’ fees and costs. (Doc. #
2610-6 ¶ 30).
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Three years ago, during their negotiations in July 2019, Subscriber Plaintiffs and the Blues
recognized the need for a sub-class of Self-Funded Accounts and their employees (together, the
“Self-Funded Sub-Class”), and Subscriber Plaintiffs coordinated the recruitment of separate class
counsel for that sub-class and a class representative. (Id. ¶ 31).
Self-Funded Sub-Class Counsel asked for and received access to the discovery record in
the litigation, along with relevant briefing on class certification and summary judgment. They then
engaged their own independent experts to analyze possible damages claims on behalf of the Self-
Funded Sub-Class. In September 2019, Self-Funded Sub-Class Counsel began attending mediation
sessions. In November 2019, an agreement was reached on a full term sheet. Over the next several
months, the parties worked closely with Gentle to reduce the term sheet to a written settlement
agreement. This process involved numerous additional conferences and intense negotiation
sessions between the parties. (Id. ¶ 32).
Subscriber Plaintiffs and Self-Funded Sub-Class Counsel then engaged Kenneth Feinberg,2
a highly respected mediator who is preeminent in the field of settlement allocations, to serve as
Allocation Mediator. Feinberg was tasked with facilitating the determination of an appropriate
allocation of the Net Settlement Fund between fully insured Class Members and the Self-Funded
Sub-Class. After presentation of the evidence and an in-person mediation, counsel for the parties,
with the guidance of Gentle and Feinberg, agreed that an equitable allocation would distribute
93.5% of the Net Settlement Fund among fully insured Class Members and 6.5% of the Net
Settlement Fund among the Self-Funded Sub-Class. Feinberg reviewed this proposal and
determined it to be reasonable in his professional judgment. (Id. ¶ 33).
2 Feinberg has worked on a number of complex matters, including the September 11th Victim Compensation
Fund, the Troubled Asset Relief Program, the BP Deepwater Horizon Disaster Victim Compensation Fund, and the
Boeing 737 MAX victim fund to name a few.
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In August 2020, Subscribers’ Counsel and Self-Funded Sub-Class Counsel engaged
experts Darrell Chodorow and the Brattle Group to assist with designing a Plan of Distribution.
The parties relied on economic analysis conducted by Chodorow and the Brattle Group, along with
an analysis of the data available from Settling Defendants. With that input, they sought to design
a reasonable and efficient Plan of Distribution that would treat members of the Damages Class
equitably and would not overly burden claimants. (Id. ¶ 34). Feinberg was again engaged to review
the proposed Plan of Distribution. He concluded that the proposed Plan of Distribution was
reasonable. (Id. ¶ 35).
On October 16, 2020, the Subscriber Class Representatives, the Self-Funded Sub-Class
Representative, and Settling Defendants entered into a Settlement Agreement, which, if approved,
would resolve Subscriber Plaintiffs’ classwide claims in this litigation. (Doc. # 2610-2).3 Under
the Settlement, the Settling Defendants agreed to pay $2.67 billion ($2,670,000,000.00) (the
“Settlement Fund”) and, even more crucially, to provide certain injunctive relief consisting of
changes to their business practices. (Id.).
On November 30, 2020, this court entered an order granting preliminary approval of the
Settlement, Plan of Distribution, and Notice Plan. (Doc. # 2641). Thereafter, JND Legal
Administration (“JND”), the court-appointed notice and claims administrator, effectuated the
court-approved Notice Plan. (Doc. # 2812-2). On September 3, 2021, Subscriber Plaintiffs moved
3 The capitalized terms used herein shall have the same meaning as in the Settlement Agreement. The
Settlement Agreement is attached as Exhibit A to Subscriber Plaintiffs’ Memorandum of Law in Support of their
Motion for Preliminary Approval of the Settlement Agreement. (Doc. # 2610-2).
The term “Subscriber Actions” means lawsuits brought by persons and entities within the Settlement Classes
and consolidated in In re Blue Cross Blue Shield Antitrust Litigation, including the Consolidated Amended Class
Action Complaint, which is currently pending in the court, all actions that may be transferred or consolidated prior to
the time Class Notice is mailed, and all actions that are otherwise based, in whole or in part, on the conduct alleged in
MDL No. 2406, including Piercy v. Health Care Service Corp., Case No. 124-28, in the Circuit Court for the First
Judicial Circuit, Union County, Illinois.
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for final approval of the Settlement and for the appointment of a Settlement Administrator. (Doc.
# 2812). In October 2021, the court conducted a multi-day Fairness Hearing and heard arguments
from the parties in support of the Settlement and from class members objecting to the Settlement.
(Doc. # 2859).
During the Fairness Hearing, it became clear to the court that the Second Blue Bid relief,
which under the Settlement was provided only to certain Self-Funded Accounts (sometimes also
referred to as “ASOs”), (1) was problematic because it could burden the opt out rights of those
Self-Funded Accounts and, in any event, (2) should be construed as divisible injunctive relief
under Federal Rule of Civil Procedure 23(b)(3). (See, e.g., Doc. # 2865 at 25-27, 42-44, 95).
Subscriber Plaintiffs moved for the opportunity to provide Supplemental Notice to Self-Funded
Accounts to address these concerns. (Doc. # 2885). On February 4, 2022, the court granted that
motion and ordered the Settlement Administrator to issue supplemental notice to Self-Funded
Entity Accounts (i.e., Self-Funded Accounts themselves, not including Members thereof) to make
the following explicit: if they opt out of the Rule 23(b)(3) Class (sometimes referred to as the
“Damages Class”), they nevertheless retain the right to seek monetary damages and individualized
injunctive relief (which may include a Second Blue Bid or other such individualized injunctive
relief, depending on the circumstances surrounding a Self-Funded Entity Account’s claim). (Doc.
# 2897). These accounts were afforded an additional opportunity to opt out upon receipt of this
information. (Id.). In ordering Supplemental Notice, the court overruled objections to the
Settlement relating to the inability to opt out of the Second Blue Bid injunctive relief. (Id.).
On May 10, 2022, Settlement Class Counsel filed a Notice Certifying Compliance with the
court’s Order requiring Supplemental Notice. (Doc. # 2914). In response to the Supplemental
Notice to Self-Funded Entity Accounts, the Settlement Administrator received thirty-nine timely
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exclusion requests (opt-outs) but no additional timely objections. (Doc. # 2914-1 at ¶ 27, pp. 65-
66).
On May 16, 2022, the court conducted a status conference with the parties and certain
interested objectors. In response to the court’s inquiry, no one expressed the need for any additional
briefing regarding the proposed Settlement.
Subscriber Plaintiffs’ Motion for Final Approval of Class Settlement and Appointment of
Settlement Administrator (Doc. # 2812) is, therefore, now properly before the court. In the Motion,
Subscriber Plaintiffs ask the court to (1) enter a Final Approval Order and (2) enter an Order
Appointing the Honorable Irma E. Gonzalez (Ret.) as Settlement Administrator.4 (Id.). Subscriber
Plaintiffs’ Counsel also seek approval of their Attorneys’ Fee and Expense Application. (Doc. #
2733).
The court has carefully considered the Settlement Agreement, Subscriber Plaintiffs’
Motion, the memoranda of law and exhibits filed in support thereof by the parties, the proposed
Plan of Distribution, the Objections, and briefing by the Objectors, the parties, and other interested
persons. For the reasons discussed below, the Motion for Final Approval of Class Settlement and
Appointment of Settlement Administrator (Doc. # 2812) is due to be granted.
II.
The Settlement Terms and Class Relief
The Settlement Classes include a damages and divisible injunctive relief class under Rule
23(b)(3), as well as an indivisible injunctive relief class under Rule 23(b)(2). The Settlement
Classes include any person or entity within the Injunctive Relief Class or the Damages and
divisible injunctive relief Class, excluding Government Accounts and Opt-Outs. (Doc. # 2610-2 ¶
1(llll)). The Fully Insured Settlement Class Period is February 7, 2008 through October 16, 2020
4 The court has already entered an Amended Stipulation and Order Regarding Protected Health Information
and Personally Identifiable Information for Subscriber Settlement. (Docs. # 2615; 2879).
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(“FI Class Period”). (Doc. # 2610-2 ¶ 1(nnnn)). The Settlement Class Period for the Self-Funded
Accounts is September 1, 2015 through October 16, 2020 (“Self-Funded Class Period”). (Id.).
A.
The Settlement Class Members
The Settlement Classes agreed to by the parties are defined as follows:
1.
The Damages Class
The Damages Class includes “all Individual Members (excluding dependents and
beneficiaries), Insured Groups (including employees, but excluding non-employee Members), and
Self-Funded Accounts (including employees, but excluding non-employee Members) that
purchased, were covered by, or were enrolled in a Blue-Branded Commercial Health Benefit
Product5 (unless the person or entity’s only Blue-Branded Commercial Health Benefit Product
during the Settlement Class Period was a stand-alone vision or dental product) sold, underwritten,
insured, administered, or issued by any member plan during the Settlement Class Period.” (Doc. #
2610-2 ¶ 1(v)).
The Damages Class includes employees6 of Insured Groups and Self-Funded Accounts
who were covered by a Blue-Branded Commercial Health Benefit Product during the Settlement
Class Period, whether or not they expressly contributed towards their premiums or the cost of that
Product, excluding their beneficiaries and dependents. The Damages Class also excludes
“Government Accounts,7 Medicare Accounts of any kind, Settling Defendants, and any parent or
5 Commercial Health Benefit Products mean “any product or plan providing for the payment or administration
of health care services,” including but not limited to medical, pharmacy, dental, and vision services. (Doc. # 2610-2
¶¶ 1(o), 1(v)). However, if a person or entity’s only Blue-Branded Commercial Health Benefit Product during the
Settlement Class Period was a stand-alone vision or dental product, that person or entity is not included in the Damages
Class. (Id.).
6 Employees “means any current or former employee, officer, director, partner, or proprietor of an entity.”
(Doc. # 2610-2 ¶ 1(v)).
7 “Government Account” is defined in the Settlement as “only a state, a county, a municipality, an
unincorporated association performing municipal functions, a Native American tribe, or the federal government
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subsidiary of any Settling Defendant (and their covered or enrolled employees)” as well as any
Opt-Outs, “the judge presiding over this matter, and any members of his judicial staff, to the extent
such staff were covered by a Commercial Health Benefit Product not purchased by a Government
Account during the Settlement Class Period.” (Doc. # 2610-2 ¶ 1(v)). Subscriber Plaintiffs are also
seeking certification of a “Self-Funded Sub-Class” consisting of Self-Funded Accounts and their
employees during the applicable Settlement Class Period, September 1, 2015 through October 16,
2020. The Self-Funded Sub-Class is separately represented by Self-Funded Sub-Class Counsel
and the Self-Funded Sub-Class Representative. (Doc. # 2610-2 ¶¶ 1(dddd), 1(eeee)).
2.
The Injunctive Relief Class
The Injunctive Relief Class includes “all Individual Members, Insured Groups, Self-
Funded Accounts, and Members that purchased, were covered by, or were enrolled in a Blue-
Branded Commercial Health Benefit Product sold, underwritten, insured, administered, or issued
by any Settling Individual Blue Plan during the Settlement Class Period.” (Doc. # 2610-2 ¶ 1(pp)).
The Injunctive Relief Class includes beneficiaries and dependents of employees (including
minors).
B.
The Class Relief
The Settlement provides: (a) a $2.67 billion settlement fund; and (b) significant structural
changes to Defendants’ practices that are to be closely monitored for compliance with both the
antitrust laws and the injunctive relief terms of the Settlement by a Monitoring Committee (more
(including the Federal Employee Program). The term Government Account includes all Members of the Government
Account. No other entity that is not a state, county, municipality, unincorporated association performing municipal
functions, Native American tribe or the federal government is a Government Account, unless it is required by law to
provide any health care coverage it makes available to Members only under, or as a participant in, a Commercial
Health Benefit Product approved, selected, procured, sponsored or purchased by a Government Account. Entities that
are not Government Accounts (e.g., utility companies, school districts, government-funded hospitals, public retiree
benefit plans, public libraries, port authorities, transportation authorities, waste disposal districts, police departments,
fire departments) will receive notice and an opportunity to submit a claim form to the extent they are otherwise within
the definition of the Damages Class.” (Doc. # 2610-2 1(hh)).
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fully described below) for a period of five years following the entry of judgment approving the
Settlement.
1.
The Settlement Fund
The Settlement requires Defendants to establish a Settlement Fund of $2.67 billion, to be
deposited into an Escrow Account for ultimate distribution. The Settlement Fund includes the
Notice and Administration Fund and Fee and Expense Award(s). (Doc. # 2610-2 ¶ 1(oooo)).
The Settlement Fund will: (1) pay all Settlement Class Members who are entitled to a
distribution from the Net Settlement Fund (“Authorized Claimants”) in accordance with a court-
approved Plan of Distribution (Doc. # 2610-2 ¶ 27); (2) fund a $100 million Notice and
Administration Fund to pay Notice and Administration Costs (Doc. # 2610-2 ¶¶ 1(ggg), 29(a)), as
well as up to $7 million to “reimburse plaintiffs’ counsel’s actual and reasonable fees and expenses
incurred for Notice and Administration” (Doc. # 2610-2 ¶ 28(h)) and costs of monitoring (Doc. #
2610-2 ¶ 21); and (3) pay court-awarded attorneys’ fees and expenses, together not to exceed a
combined total of 25% of the Settlement Amount. (Doc. # 2610-2 ¶ 28).
If there is any balance remaining in the $100 million Notice and Administration Fund, it
will be returned to Settling Defendants after the completion of the administration and the five-year
Monitoring Period. (Id. ¶ 30). That is, Defendants’ only reversionary interest in the Settlement
Fund, if any money remains in the Settlement Fund (apart from any remainder of the $100 million
Notice and Administration Fund) after distributions to Authorized Claimants, the Fee and Expense
Award, and any court-awarded Service Awards, the Claims Administrator will, subject to court
approval, allocate the remaining Escrow Account balance to Settlement Class Members. (Id.).8
8 If it is not economical to distribute any remaining money to Settlement Class Members, subject to court
approval, the Claims Administrator may follow the directions set forth in the Plan of Distribution approved by the
court. (Doc. # 2610-2 ¶ 30).
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Settlement Class Counsel and Self-Funded Sub-Class Counsel may petition the court for
replenishment by Defendants of the Notice and Administration Fund upon a showing of necessity
for such replenishment. (Id. ¶ 1(ggg)).
Settling Defendants have already transferred $100 million for the Notice and
Administration Fund into the Escrow Account and advanced $300 million of the remaining
Settlement Amount. (Id. ¶ 23(a)). Within thirty calendar days of the court’s entry of the Final
Judgment and Order of Dismissal, Settling Defendants will transfer the remaining portion of the
Settlement Amount into the Escrow Account. (Id. ¶ 23(b)).
2.
Injunctive Relief
In addition to the $2.67 billion in monetary recovery, Class Representatives, Subscriber
Plaintiffs’ Counsel, and Self-Funded Sub-Class Counsel secured substantial injunctive relief on
behalf of the Settlement Classes. That relief includes structural changes to BCBSA’s rules and
regulations and the establishment of a Monitoring Committee to oversee compliance with the
Settlement. As explained by Dr. Daniel Rubinfeld, each of these hard-won changes to Defendants’
rules provides additional relief to the Class, creating opportunities for more competition in the
market for the purchase and administration of health insurance and providing the potential for a
more competitive environment in which Settlement Class Members may achieve greater consumer
choice, better product availability, and increased innovation. (Doc. # 2610-10). Defendants have
already taken steps to implement the injunctive relief following entry of the Preliminary Approval
Order.
Key provisions of this injunctive relief include the following:
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a.
Eliminating Restrictions on Non-Blue Competition
BCBSA’s license agreements with each Blue Plan have included limitations on Blue Plans’
ability to generate revenue using “Green” brands outside the Blue Plan’s assigned territorial
service area; this restriction is known as the National Best Efforts (“NBE”) requirement. (Doc. #
2610-10 ¶ 8). Settling Defendants have agreed to “eliminate and no longer enforce the National
Best Efforts Requirement,” and to “not adopt or implement any equivalent requirement or any rule
in any future License Agreement or Membership Standard that imposes a cap, ratio, or other
quantitative limit on a Settling Individual Blue Plan’s non-Blue Branded healthcare business
outside of its Service Area.” (Doc. # 2610-2 ¶ 10). The Settlement’s elimination of this restriction
unleashes Green competition, which will directly benefit the class.
b.
Opening the Door to Expanded Blue Bids and Competition
Class Representatives also secured a path to increased competition among Blue Plans for
national accounts in three important ways. First, certain Qualified National Accounts (“QNAs”)
(defined as Employers with more than 5,000 employees and which also meet certain dispersion
criteria, discussed in more detail below) will be able to seek a second bid from the Blue Plan of
their choosing, an option that was previously prohibited. (Id. ¶ 15). This provision applies to at
least 33 million9 Members in the aggregate and will promote competition across the market. (Id. ¶
1(u)). Second, for accounts with Independent Health Benefit Decision Locations in more than one
Blue Plan’s Service Area, each Independent Health Benefit Decision Location may request a bid
from the Blue Plan in its Service Area to cover employees working at that Location. (Id. ¶ 14(b)).
Third, when Multi-Service Area National Accounts (i.e., those with more than 250 total Members
and Headquarters in the bidding Blue Plan’s Service Area) seek bids, and the Blue Plan for that
9 To be clear, this figure includes accounts that already have the right to request a bid from more than one
Blue Plan. These accounts will not receive the right to request additional bids. (Doc. # 2610-2 ¶ 15).
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Service Area decides to bid the Account under a non-Blue brand, the right to bid the Account under
the Blue brands must be “ceded” to another Blue Plan, thereby allowing increased opportunities
and choice for that account. (Id. ¶ 14(a)). All three of these provisions represent structural change
to the current system that will produce additional choices for accounts and increased competition.
c.
Local Best Efforts
The Local Best Efforts (“LBE”) rule requires that 80% of a Blue Plan’s healthcare-related
revenue within the Blue Plan’s Service Area must come from Blue-branded business. The
Settlement limits this requirement to 80% and limits the measurement of revenue for purposes of
compliance with this requirement to no larger than the state level. (Id. ¶ 11).
d.
Acquisitions
BCBSA currently controls -- through Blue Plan voting -- whether any individual Blue Plan
may be acquired by another Blue Plan. Under the Settlement Agreement, Settling Defendants are
only permitted to impose “legal and reasonable conditions on the acquisition of a member plan,
but only to the extent that those conditions are reasonably necessary to prevent impairment of (1)
the value of the Blue Marks, or (2) the competitiveness or efficiency of the Blue Branded business
or of the Blue Marks.” (Id. ¶ 17). Any condition must provide that the potential acquirer may
request that the Monitoring Committee review any rejection by BCBSA, followed by binding
arbitration. (Id.).
e.
Contracting Provisions for Self-Funded Accounts
The Settlement permits direct contracting between Non-Provider Vendors and Self-Funded
Accounts. (Id. ¶ 12(a)). The Settlement also permits Blue Plans to do business with Self-Funded
Accounts that directly contract with Specialty Service Provider Vendors, subject to certain
conditions. (Id. ¶ 12(b)). Further, during the Monitoring Period and unless otherwise agreed to by
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the Settling Individual Blue Plan and Self-Funded Account, the Settlement requires that for a given
contracted Provider, the Settling Individual Blue Plan will not enter into different standard
commercial fee schedules for medical and surgical claims for its Self-Funded Accounts, on the
one hand, and Insured Groups (other than Insured Groups who purchase an ACA-compliant
individual or small-group product), on the other hand; provided, however, that the products,
networks, administrative services, and plan designs are the same, excluding differences in
reimbursement rates individually negotiated with a contracted Provider. (Id. at ¶ 12(d)).
f.
Most Favored Nation Clauses
Blue Plans must abide by state laws, and any written agreements in effect as of November
2019 with a state regulatory agency must be disclosed to Settlement Class Counsel, which
expressly regulate the use of Most Favored Nations (“MFN”) or Most Favored Nation-Differential
(“MFN-Differential”) clauses in Provider contracts. If there is no governing law or applicable
written agreement, the Blue Plan entering into an MFN Differential10 must demonstrate to the
Monitoring Committee that the provision does not violate the terms of the Settlement. (Id. ¶ 18).
g.
Monitoring Committee
To oversee compliance with the Settlement for five years from the court’s entry of Final
Judgment and Order of Dismissal, the Settlement establishes a Monitoring Committee “made up
of (1) two members appointed collectively by Settling Defendants, (2) one member appointed
collectively by Settlement Class Counsel, (3) one member appointed by Self-Funded Sub-Class
Settlement Counsel, and (4) one member appointed by the Court.”11 (Id. ¶¶ 1(xx), 1(zz)).
10 An MFN Differential is “an MFN which requires that the Provider offer to a health plan financial terms
that are more favorable by a specified rate than those it offers any comparable health plan during the performance
period of the contract.” (Id. ¶ 1(bbb)).
11 The Monitoring Committee’s reasonable fees and expenses will be paid from the Notice and
Administration Fund. (Id. ¶ 21).
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Additionally, the Monitoring Committee will mediate certain disputes related to the Settlement.
(Id. ¶ 20). During the Monitoring Period, BCBSA may advise Settlement Class Counsel, Self-
Funded Sub-Class Settlement Counsel, and the Monitoring Committee of BCBSA Board actions
to be taken adopting rules or regulations that are within the scope of Paragraphs 10-18. (Id.). If the
proposed rule or measure is not reported to the Monitoring Committee, or if an arbitrator finds that
the proposed rule or measure does not comply with the terms of the Settlement, the rule or measure
will not constitute a Released Claim and is not covered under the Settlement. (Id.). The inclusion
of the Monitoring Committee in the Settlement affords the Settlement Classes and the court
substantial assurance of the Settling Defendants’ compliance with the Settlement. Any reporting
obligation as well as the authority of the Monitoring Committee shall cease at the conclusion of
the Monitoring Period. (Id.).
C.
Settlement Class Release
Upon the Effective Date of the Settlement, Releasors (Class Representatives and
Settlement Class Members) who have not timely and validly excluded themselves (i.e., opted out)
will have fully released all claims against the Releasees ((i) Individual Blue Plans, (ii) BCBSA,
(iii) NASCO,12 and (iv) Consortium Health Plans, Inc.,13 as well as related entities). (Id. ¶¶ 32,
1(vvv), 1(www)). Opt-Outs will release all claims for indivisible injunctive or declarative relief
against the Releasees. However a Self-Funded Account opt-out meeting the criteria to request a
Second Blue Bid under the terms of the Settlement Agreement does not release any claims for
individualized declaratory or injunctive relief to request a Second Blue Bid during any time it
12 NASCO is a healthcare technology company owned by several Blue Plans and is involved in processing
claims.
13 Consortium Health Plans, Inc. is a marketing company owned by several Blue Plans and provides
marketing assistance regarding national accounts to BCBSA and the Blue Plans.
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meets the criteria to request such a bid under the terms of the Settlement Agreement. The releases
apply to Releasors and their related persons and entities, such as dependents and beneficiaries
under their benefits plans.
The Releasors agree to release any and all known and unknown claims:
based upon, arising from, or relating in any way to: (i) the factual predicates of the
Subscriber Actions (including but not limited to the Consolidated Amended Class
Action Complaints filed in the Northern District of Alabama) including each of the
complaints and prior versions thereof, or any amended complaint or other filings
therein from the beginning of time through the Effective Date; (ii) any issue raised
in any of the Subscriber Actions by pleading or motion; or (iii) mechanisms, rules,
or regulations by the Settling Individual Blue Plans and BCBSA within the scope
of Paragraphs 10 through 18 approved through the Monitoring Committee Process
during the Monitoring Period.
(Id. ¶ 1(uuu)). Thus, the Released Claims in certain circumstances will include those “mechanisms,
rules or regulations” enacted after the Effective Date that are approved by the Monitoring
Committee during the Monitoring Period, but only to the extent those “mechanisms, rules or
regulations” relate to the provisions enumerated in Paragraphs 10 through 18 of the Settlement.
The Releasors retain their right to assert certain claims relating to coverage, benefits and
administration of claims that arise in the ordinary course of business and are not “based in whole
or in part on the factual predicates of the Subscriber Actions or any other component of the
Released Claims discussed in this Paragraph.” (Id.).
Additionally, Providers who are Settlement Class Members retain the right to assert any
claims arising from their sale or provision of health care products or services, and Settling
Defendants have agreed not to raise Providers’ releases under this Settlement as a defense to
Providers’ claims brought in their capacity as Providers of health care products or services in MDL
No. 2406. (Id.).
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D.
Attorneys’ Fees and Costs
In their Motion for Approval of Their Attorneys’ Fees and Expenses Application (Doc. #
2733), Settlement Class Counsel have applied to this court separately for: (i) an award of attorneys’
fees, plus (ii) reimbursement of expenses and costs reasonably and actually incurred in connection
with prosecuting the Subscriber Actions, for a combined total of 25% of the Settlement Amount.
(Id.). The court will address this request in more detail below and in a separate order.
E.
Plan of Distribution
The Claims Administrator, JND, will make all valid distributions for Authorized Claimants
in accordance with the terms of the Settlement and the proposed Plan of Distribution. (Doc. #
2610-5; Doc. # 2641 at 52). JND has provided notice to the Classes about the Plan of Distribution.
(Doc. # 2812-2; Doc. # 2914-1 (outlining extensive notice efforts)). The Settlement Agreement
contemplates that the court will appoint a Settlement Administrator to assist in the implementation
of the Plan of Distribution and to resolve any disputes concerning the claims process. Settlement
Class Counsel are seeking appointment of Judge Irma E. Gonzalez (Ret.) as Settlement
Administrator. The court addresses this issue below.
The Net Settlement Fund is allocated between Individual Members and Insured Groups on
the one hand (“Fully Insured Claimants”) and the Self-Funded Sub-Class on the other. Settlement
Class Counsel and Self-Funded Sub-Class Counsel (together, “Class Counsel”) sought the
assistance of Feinberg as Allocation Mediator to facilitate the determination of an appropriate
allocation of the Net Settlement Fund between Fully Insured Claimants and the Self-Funded Sub-
Class. (Doc. # 2610-6 ¶ 33; Doc. # 2610-7 ¶ 9; Doc. # 2610-8 ¶ 6). Counsel presented evidence to
Feinberg concerning the relative volume of payments and differing strengths of claims for Self-
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Funded Accounts and Fully Insured Claimants. (Doc. # 2610-6 ¶ 33; Doc. # 2610-7 ¶ 9; Doc. #
2610-8 ¶ 6).
Counsel ultimately presented an allocation to Feinberg for his review. (Doc. # 2610-6 ¶ 33;
Doc. # 2610-7 ¶ 10; Doc. # 2610-8 ¶ 13). Feinberg reviewed the allocation recommendation and
determined that it was reasonable. (Doc. # 2610-8 ¶ 14). The allocation is based on numerous
factors including the strengths of the respective claims, the substantially shorter Self-Funded Class
Period, and the fact that premiums paid for fully-insured coverage dwarf the administrative fees
charged for self-insured coverage. (Doc. # 2610-6 ¶ 33; Doc. # 2610-7 ¶ 10; Doc. # 2610-8 ¶ 14).
Under this allocation, the Self-Funded Sub-Class (including Self-Funded Account employees) will
receive 6.5% of the Net Settlement Fund (“Self-Funded Net Settlement Fund”), with the remainder
allocated to Fully Insured Claimants (and their employees) (“FI Net Settlement Fund”). (Doc. #
2610-5 ¶ 3).
In order to develop an equitable distribution of the Self-Funded Net Settlement Fund and
the FI Net Settlement Fund among Authorized Claimants for each fund, Class Counsel retained
the Brattle Group to assist with designing a Plan of Distribution to be administered by JND. (Doc.
# 2610-6 ¶ 34). All distributions to Authorized Claimants are subject to a $5 minimum payment
threshold to ensure that the resources involved in processing a claim are not out of proportion to
the value of the individual claim. (Doc. # 2610-5 ¶ 28).
For the FI Net Settlement Fund, JND will first calculate the actual premiums paid by
Individual Members and Insured Groups using data produced by Settling Defendants. (Doc. #
2610-5 ¶ 12). Those premiums will be used to calculate the pro rata share of the FI Net Settlement
Fund available to each claiming Individual Member and Insured Group. (Id. ¶ 13). For Individual
Members, no further calculation is required, and a claiming Individual Member will receive his or
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her full pro rata share of the FI Net Settlement Fund. (Id. ¶¶ 13, 16). For any Insured Group where
only the employer makes a claim, and no employees do so, the employer will be eligible for 100%
of the Insured Group’s pro rata distribution. (Id. ¶ 18). If any employees make a claim, the Insured
Group’s pro rata share must be appropriately allocated between the employer and any claiming
employees. Significantly, these allocations relate solely to what an employer or employee receives
under the Settlement, and do not in any way purport to dictate or address what, if any, obligations
employers may have as fiduciaries of ERISA plans, or how an allocation may impact their use of
any funds received.
Typically, both employers and employees bear a portion of the burden of the premiums
paid by Insured Groups. (Doc. # 2610-9). Based on this economic reality, Class Counsel proposed
a “Default” option for apportioning premiums between employers and employees. (Doc. # 2610-
5 ¶ 19(f)). Given the difference in contribution percentages for single and family coverage, the
Default option under the Plan of Distribution sets contribution percentages for Insured Group
employees with single coverage at 15% and with family coverage at 34%. (Doc. # 2610-8 ¶ 18;
Doc. # 2610-9 ¶ 31 (discussing the economic reasonableness of setting different Default
contribution percentages for single and family coverage based on employers historically sharing
more of the burden for single coverage than family coverage)). Any Authorized Claimant will
automatically be assigned the Default option on their Claim Form, at which point they will not be
required to provide further evidence of their premium payments, and their claims will be
administered using Settling Defendants’ data to the extent possible.
Where both the employer and any employees make a claim, the first step in calculating the
employer and employees’ portion of the Insured Group’s pro rata distribution is to estimate the
amount of the Insured Group’s premiums attributable to each claiming employee. (Doc. # 2610-5
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¶ 19(a)). JND will use Settling Defendants’ data to calculate the “Unallocated Employee Premium”
for each claiming employee. (Id.) Then, the appropriate Default contribution percentage (based on
the type of coverage for the claiming employee during any period for which a claim is made) will
be applied to the Unallocated Employee Premium to determine which portion of the Unallocated
Employee Premium is deemed to have been paid by the employee (as opposed to the employer).
(Id. ¶ 19(e)). The employee will receive credit for the portion of their Unallocated Employee
Premium as reduced by the Default contribution percentage. (Id. ¶ 19(f)).
This procedure is not fixed in stone. Rather than accepting the Default option on the Claim
Form, any employer or employee believing that they paid a higher contribution percentage than
the Default may select the “Alternative” option and can provide materials to the Settlement
Administrator to support that contribution percentage. (Id. at ¶ 19(h)). If sufficient data or records
are submitted by either an employer or by employees, then the Settlement Administrator, in the
exercise of sound discretion, shall determine the appropriate amount by which to increase or
decrease the allocation between the employer and the employees, taking into account the same
factors considered in setting the Default option, as well as the reliability of the data presented by
the claimant selecting this Alternative option. (Id. at ¶ 19(i)). Finally, if an employee files a claim
and his or her employer does not, the employee will receive credit only for their portion of the
Unallocated Employee Premium as determined by the allocation methodology described above.
(Id. at ¶ 20).
Similarly, for the Self-Funded Sub-Class, payments will be allocated from the Self-Funded
Net Settlement Fund using this same method but based on an employee’s estimated share of the
employer’s administrative fees, with slightly different set contribution percentages for the Default
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option (18% for employees with single coverage and 25% for employees with family coverage)14
and the same ability to select an Alternative option with the presentation of data. (Doc. # 2610-5
¶¶ 22-26; Doc. # 2610-9 ¶ 51). Again, as with Insured Groups, the amount allocated to employers
is for Settlement distribution only, and does not address what, if any, obligations those employers
may have under ERISA.
F.
Approval of Class Notice
1.
Notice to the Classes
JND, the Notice and Claims Administrator, sent direct notice to over 100,000,000 Class
Members. (Doc. # 2812-2 ¶ 5). JND sent 77,360,606 postcard notices to Damages Class Members
for whom no email address was available and electronic notice to 27,497,063 Damages Class
members for whom email addresses were available. (Id. ¶¶ 36, 44). With respect to direct mail
notice, in order to reasonably ensure that these notices reached Damages Class members given the
lengthy Settlement Class Period (back to 2008 for some Damages Class members) and the
likelihood that many addresses may have changed over time, JND made substantial efforts to
confirm mailing addresses, which included updating addresses through credit bureau advanced-
level searches and utilizing USPS’s National Change of Address search functionality. Due to this
rigorous work in perfecting the mailing database, 93.5% of all postcard notices were deemed
deliverable, and only 6.5% were deemed undeliverable. (Id. ¶¶ 39-40). Similarly, for email notice,
JND utilized its industry-leading email solutions to ensure an efficient and effective email
14 The Default option for the Self-Funded Sub-Class was similarly determined by Settlement Class Counsel
and Self-Funded Sub-Class Settlement Counsel, and found reasonable by the Allocation Mediator, through
consideration of the same factors discussed above; however, employee contributions for the Self-Funded Sub-Class
during the Self-Funded Class Period were on average higher for single coverage (18% to 19% compared to 14% to
19% for fully insured) and lower for family coverage (24% to 26% compared to 33% to 39% for fully insured), which
is reflected in the Default percentages of 18% and 25%. (Doc. # 2610-5 ¶¶ 22-26; Doc. # 2610-8 ¶ 18; Doc. # 2610-9
¶ 51).
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campaign, which included designing an email notice that would avoid spam filters and promote
readability. (Id. ¶ 42). Where emails bounced back for temporary reasons (such as a full email
inbox), JND made multiple attempts to resend emails to increase the deliverability rates. (Id. ¶ 43).
Based on all of this work, JND successfully delivered email notice to 27,497,063 Damages Class
Members. (Id. ¶ 44).
In addition to direct notice, JND conducted a robust consumer media campaign, which
alone reached more than 85% of potential members of the Settlement Classes. (Id. ¶ 46). The
consumer media campaign included digital, print, radio, and television efforts, with concerted
outreach to African-American and Hispanic markets. (Id. ¶¶ 47-55). In addition to consumer media
notice, JND also targeted individuals responsible for filing claims on behalf of Damages Class
members, including human resources employees and business owners. (Id. ¶¶ 56-64). JND also
purchased a list of HR/employment benefit and other relevant employees and directly reached out
to these contacts to ask for assistance in getting notice out to constituents of these organizations.
(Id. ¶ 66). This resulted in hundreds of direct calls stating that these individuals were assisting in
disseminating notice. (Id.). Finally, JND instituted an internet search campaign, and solicited and
received extensive press coverage of the Settlement. (Id. ¶¶ 67-69).
Once notice was complete, JND immediately began its efforts to encourage Class Members
who had not filed a claim to do so, including through reminder emails (to both email addresses
provided by Settling Defendants and additional email addresses located by JND) and additional
outreach to human resources groups. (Id. ¶¶ 71-72).
The Notice Plan directed Settlement Class Members to the settlement website that JND
established (www.BCBSsettlement.com) for more information about the Settlement. (Id. ¶ 79).
The settlement website contains key case documents, including the Long Form Notice, the Claim
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Form, the operative complaint, the Settlement Agreement, the Preliminary Approval Order, and
the Plan of Distribution, along with answers to frequently asked questions (developed in
conjunction with Settlement Class Counsel). (Id.). The settlement website also allowed for online
filing of claims, of which over 99% of Class Members who have submitted claims have availed
themselves. (Id. ¶ 96). JND expended significant efforts in designing the website to withstand both
an enormous volume of traffic and any threats of cyber-security attacks. (Id. ¶¶ 79-84). As of
August 26, 2021, the website had tracked 14,844,643 unique visitors, 20,666,254 sessions, and
112,006,163 total pageviews, without any reports of slowness or latency. (Id. ¶ 85).
JND also established a call center and an email address, info@BCBSsettlement.com, to
answer questions from Class Members. (Id. ¶ 86). JND initially established and maintained a toll-
free telephone line with automated interactive voice response (“IVR”), which was available 24
hours a day, seven days a week. (Id. ¶¶ 87-88). The full call center, with live agents, was launched
on March 26, 2021, before the first postcard notices commenced. (Id. ¶ 90). With input from
Settlement Class Counsel and counsel for Settling Defendants, JND developed an extensive phone
script and trained 100 operators (later rising to a high of 240 operators as call volume increased
exponentially), with operators available to answer calls in English and Spanish. (Id.). JND also
trained higher-level escalation officers to assist with more sophisticated questions. (Id. ¶ 91). As
of August 26, 2021, the toll-free line had received 1,062,431 incoming calls. (Id. ¶ 92). JND also
employed a team of email agents to field questions that arrive through the dedicated email address.
(Id. ¶ 93). These agents review and respond to incoming emails sent in many languages, including
Spanish, French, Korean, and Chinese, among others. (Id.).
JND established two separate United States Postal Service Post Office boxes: one for Class
Member inquiries and claim forms, and another dedicated strictly to receiving objections and
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requests for exclusion. (Id. ¶ 95). As of August 31, 2021, JND had received 2,049 timely exclusion
requests and 40 timely objections from 123 objectors. (Id.).
As of September 3, 2021, JND had already received 6,077,526 claims: 1,381,112 from
individual policyholders; 4,194,942 from employees enrolled in their employers’ group health
plans; and 177,687 from businesses and their group health plans. (Id. ¶ 96). Ninety-nine percent
of claimants elected the Default option, and claims have been filed by Settlement Class Members
in every state in the country. (Id. ¶ 97).
Some Objectors complained that there was an improper burden placed on the ability of
Self-Funded Accounts to opt out (because opt outs would lose their opportunity to receive a Second
Blue Bid). But that concern has been resolved. After the October 2021 Fairness Hearing,
Subscriber Plaintiffs requested the opportunity to provide Supplemental Notice to Self-Funded
Accounts to allow for that opportunity. (Doc. # 2885). On February 4, 2022, the court granted that
motion and ordered the Settlement Administrator to issue supplemental notice to Self-Funded
Entity Accounts (i.e., Self-Funded Accounts themselves, not including Members thereof) to make
explicit that, if they opt out of the 23(b)(3) Class (sometimes referred to as the “Damages Class”),
they retain the right not only to seek monetary damages, but also to seek divisible, individualized
injunctive relief, which may include a Second Blue Bid or other individualized injunctive relief,
depending on the circumstances surrounding the Self-Funded Entity Account’s claim. (Doc. #
2897).
Supplemental direct notice to Self-Funded Accounts was accomplished through mail and
email. Both notices provided important summary information about the opt-out and objection
rights of Self-Funded Entity Accounts. Both notices also directed Self-Funded Entity Accounts to
the Settlement Website, where updated and detailed information was available, including all of the
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Settlement documents and a Second Blue Bid section. And, both notices provided a toll-free
telephone number and a dedicated email address so that recipients could ask additional specific
questions. (Doc. # 2914-1 ¶¶ 12-26).
The Self-Funded Accounts were afforded an additional opportunity to opt out upon receipt
of this information. (Id.). As of May 10, 2022, JND had received thirty-nine timely exclusion
requests and zero timely objections from Self-Funded Entity Accounts related to the Supplemental
Notice. (Doc. # 2914-1 at ¶ 27).
2.
CAFA Notice
On February 16, 2021, Settling Defendants filed a notice of compliance with the notice
requirements of the Class Action Fairness Act (“CAFA”), 28 U.S.C. § 1715(d). (Doc. # 2704). In
compliance with § 1715, CAFA Notice was sent to sixty officials, including the Attorney General
of the United States, the Attorneys General of each of the fifty states, the Attorney General for the
District of Columbia, and the Attorneys General for Puerto Rico, Guam, American Samoa, the
U.S. Virgin Islands, and the Northern Mariana Islands. (Id.).
3.
Court Approval of Notice
The Class has been notified of the Settlement Agreement pursuant to the plan and
supplemental plan approved by the court. Class Members have had the opportunity to be heard on
all issues regarding the resolution and release of their claims by submitting objections to the
Settlement Agreement to the court. Appropriate and sufficient notice of the Fairness Hearing and
the rights of all Class Members has been provided to all people and entities entitled to such notice.
In addition, pursuant to CAFA, 28 U.S.C. § 1711 et seq., notice was provided to the Attorneys
General for each of the states in which a Class Member resides and to the Attorney General of the
United States. (Doc. # 2704). Therefore, the court finds that the form and methods of notifying
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Class Members of the terms and conditions of the proposed Settlement Agreement constituted the
best practicable notice under the circumstances and meets the requirements of Rule 23(c)(2) of the
Federal Rules of Civil Procedure, any other applicable law, and due process.
III.
Applicable Legal Standards for Final Approval
Federal Rule of Civil Procedure 23(e) requires judicial approval of any class settlement.
To be approved, a settlement must be fair, reasonable, and adequate. Fed. R. Civ. P. 23(e). The
procedure for judicial approval is well established:
(1) Certification of a settlement class and preliminary approval of the proposed
settlement after submission to the court of a written motion for preliminary
approval.
(2) Dissemination of notice of the proposed settlement to the affected class
members.
(3) A final approval hearing, at which evidence and argument concerning the
fairness, adequacy, and reasonableness of the settlement are presented.
Manual for Complex Litig. (Fed. Jud. Center, 4th ed. 2004), § 21.63.
For the reasons more fully explained below, after considering the Settlement Agreement,
the arguments and authorities presented by the parties in their motions and briefing, all objections
and comments regarding the Settlement Agreement, the arguments at the Fairness Hearing held in
October 2021, and the entire record in this case, the court reaffirms its findings in the Preliminary
Approval Order and makes a final determination that the Settlement Agreement is fair, reasonable,
and adequate within the meaning of Federal Rule of Civil Procedure 23.
A.
Certification of the Classes for Settlement Purposes Under Rule 23(a) and (b)
When presented with a motion for final approval of a class action settlement, a court first
evaluates whether certification of a settlement class is appropriate under Federal Rule of Civil
Procedure 23(a) and (b). The Federal Rules provide that a class action may be maintained if Rule
23(a) is satisfied and if the provisions of Rule 23(b)(1), (b)(2), or (b)(3) are satisfied. Fed. R. Civ.
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P. 23(b). The court analyzed these Rules in its Preliminary Approval Order. (Doc. # 2614). It
reaffirms its findings here. Specifically, the court finds that all of the prerequisites of Rule 23(a)
and the requirements of (b)(2) and (b)(3) have been satisfied for certification of the settlement
class for settlement purposes only.
With regard to Rule 23(a), Subscriber Plaintiffs easily satisfy the necessary elements of the
Rule. The Damages Class, the Self-Funded Sub-Class, and the Injunctive Relief Class consist of
tens of millions of members, a number that is so numerous that joinder of all members is
impracticable. The alleged conspiracy at the heart of the Subscriber case implicates several
questions of law and fact common to the settlement class. The claims of the settlement class
representatives are typical of the claims of the absent settlement class members. And, the
settlement class representatives and settlement class counsel have and will adequately and fairly
protect the interests of the settlement class.
With regard to Rule 23(b), the proposed classes also satisfy the requirements of Rules
23(b)(2) and (b)(3). Subscriber Plaintiffs have alleged that the Settling Defendants engaged in a
nationwide conspiracy and that the conspiracy affected each of the Injunctive Relief Class
members in similar ways. The class claims involve common questions of law and fact. And,
because the Settling Defendants are alleged to have acted on grounds generally applicable to the
injunctive relief class, injunctive relief is appropriate with respect to the class under Rule 23(b)(2).
As to the damages class under Rule 23(b)(3), “[i]n addition to finding that common
questions predominate over individual inquiries . . . the Court must find that the class action vehicle
is superior to other available methods for adjudication.” In re Domestic Air Transp. Antitrust Litig.,
137 F.R.D. 677, 693 (N.D. Ga. 1991). Rule 23(b)(3) identifies four factors relevant to the
superiority requirement: “(A) the Class Members’ interests in individually controlling the
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prosecution or defense of separate actions; (B) the extent and nature of any litigation concerning
the controversy already begun by or against Class Members; (C) the desirability or undesirability
of concentrating the litigation of the claims in the particular forum; and (D) the likely difficulties
in managing a class action.” Fed. R. Civ. P. 23(b)(3).
With respect to factor (A), there are at least tens of millions of Settlement Class Members,
which makes the class action device the only feasible method of resolving the claims against the
Settling Defendants. Factor (B) also supports certification of the Damages Class. The Judicial
Panel on Multidistrict Litigation (“JPML”) explained at the outset of this matter that the actions
“involve substantial common questions of fact relating to the state BCBS entities’ relationship
with the national association, BCBSA, and the licensing agreements that limit the Blue Plans’
activity to exclusive service areas, among other restrictions.” In re Blue Cross Blue Shield Antitrust
Litig., 908 F. Supp. 2d 1373, 1376 (J.P.M.L. 2012); see 28 U.S.C. § 1407. Moreover, since § 1407
centralization in this court, the court has overseen over nine years of substantial pretrial litigation
and is confident in this finding. Factor C also favors certification. The JPML chose this court as a
transferee court because it would “serve the convenience of the parties and witnesses and promote
the just and efficient conduct of this litigation” Id. Factor D, manageability of the class action, is
of little relevance when a court is faced with certification of a settlement class. See, e.g., In re Nat.
Football League Players’ Concussion Inj. Litig., 307 F.R.D. 351, 371 (E.D. Pa. 2015), amended
sub nom. In re Nat’l Football League Players’ Concussion Inj. Litig., 2015 WL 12827803 (E.D.
Pa. May 8, 2015), and aff’d sub nom. In re Nat’l Football League Players Concussion Inj. Litig.,
821 F.3d 410 (3d Cir. 2016), as amended (May 2, 2016).
Having carefully considered the factors set forth above, the court concludes that the
Damages Class satisfies the relevant requirements of Rule 23(b)(3).
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B.
The Settlement is Fair, Reasonable, and Adequate Under Rule 23(e)(2) and the
Bennett Factors
Next, the court must determine whether the proposed settlement is fair, reasonable and
adequate under Rule 23(e)(2). That rule subpart provides as follows:
If the proposal would bind class members, the court may approve it only after a
hearing and only on finding that it is fair, reasonable, and adequate after considering
whether:
(A) the class representatives and class counsel have adequately represented
the class;
(B) the proposal was negotiated at arm’s length;
(C) the relief provided for the class is adequate, taking into account:
(i) the costs, risks, and delay of trial and appeal;
(ii) the effectiveness of any proposed method of distributing relief
to the class, including the method of processing class-member
claims;
(iii) the terms of any proposed award of attorney’s fees, including
timing of payment; and
(iv) any agreement required to be identified under Rule 23(e)(3); and
(D) the proposal treats class members equitably relative to each other.
Fed. R. Civ. P. 23(e)(2).
In addition to Rule 23(e)(2), courts in the Eleventh Circuit also consider the following six
factors when assessing the fairness of a settlement: 1) the likelihood of success at trial; 2) the range
of possible recovery; 3) the point on or below the range of possible recovery at which a settlement
is fair, adequate, and reasonable; 4) the complexity, expense, and duration of the litigation; 5) the
substance and amount of opposition to the settlement; and, 6) the stage of proceedings at which
settlement was achieved. In re Equifax Inc. Customer Data Sec. Breach Litig., 999 F.3d 1247,
1273 (11th Cir.), cert. denied sub nom. Huang v. Spector, 142 S. Ct. 431 (2021), and cert. denied
sub nom. Watkins v. Spector, 142 S. Ct. 765 (2022) (quoting Bennett v. Behring Corp., 737 F.2d
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982, 986 (11th Cir. 1984)); see also Carroll v. Macy’s, Inc., 2020 WL 3037067, at *5 (N.D. Ala.
June 5, 2020).
1.
Class Members Were Adequately Represented
Subscriber Class Representatives here “share the same interests as absent class members,
assert claims stemming from the same event [, which] are the same or substantially similar to the
rest of the class, and share the same types of alleged injuries as the rest of the class.” In re Equifax
Inc. Customer Data Sec. Breach Litig., 2020 WL 256132, at *5 (N.D. Ga. Mar. 17, 2020), aff’d in
part, rev’d in part & remanded on other grounds 999 F.3d 1247 (11th Cir. 2021). Subscriber Class
Representatives have demonstrated their adequacy by working collaboratively with well-qualified
counsel who are highly experienced and capable in the fields of class action and antitrust litigation.
Class Counsel have litigated scores of these cases to resolution, and are recognized as top
authorities in their field. And, Class Counsel have vigorously, professionally, and successfully
litigated this extremely hard-fought case for nine years.
Self-Funded Sub-Class Counsel have also vigorously represented the interests of the Self-
Funded Sub-Class since joining the settlement process. To ensure that any potential settlement was
fair, the Self-Funded Sub-Class Counsel obtained significant discovery materials, retained their
own experts, and conducted their own searching analysis of the claims and defenses in this case.
(Id.).
The court is well-acquainted with Class Counsel’s performance in this case. It has spent
scores of hours with them and observed their work. The court has no hesitation in concluding that
they have more than adequately represented the Settlement Classes in accordance with Rule
23(e)(2)(A).
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2.
The Settlement Was Negotiated at Arm’s Length
Rule 23(e)(2)(B) requires the court to determine whether a proposed settlement “was
negotiated at arm’s length.” Relatedly, one of the Bennett factors requires the court to rule out the
possibility of fraud or collusion behind a class settlement. Leverso v. SouthTrust Bank of Ala., Nat.
Assoc., 18 F.3d 1527, 1530 (11th Cir. 1994).
As this court previously discussed, this was by no means a quick resolution. There is
absolutely no evidence of any collusion. The Settlement was extensively negotiated over the
course of five years with the assistance of experienced mediators and with input from a number of
subject matter experts. The parties experienced multiple impasses and worked diligently to
navigate those difficult decisions. Moreover, only after reaching agreement on the terms of the
relief for the Classes did the parties even begin to negotiate attorneys’ fees for Class Counsel.
Under the terms of the Settlement, the payment of fees does not impact the amount of relief
available to Class Members. Moreover, the court’s Special Master, Ed Gentle, who helped the
parties reach the ultimate agreement, has submitted a declaration attesting to the fact that there was
no collusion involved. (Doc. # 2610-12). The court is more than satisfied that the Settlement was
negotiated at arm’s length, and there was no collusion.
3.
The Relief Provided to the Classes Is Adequate
As explained more fully below, the court concludes that a review of the Rule 23(e)(2)(C)
factors weighs heavily in favor of granting final approval to the Settlement.
a.
The Significant Costs, Risks, and Delay of Trial and Appeal
The Settlement provides immediate and substantial benefits to tens of millions of Class
Members. The antitrust claims and defenses before the court are complex. Although this litigation
has been pending for nine years, and the parties have spent more than enough time litigating to
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fully evaluate the case, much remains to be done on the litigation track. If there is no resolution,
there will be expensive and hard fought litigation for more years in this court, transferor courts,
and appellate courts. This court would be able to try the accelerated Alabama cases. But there are
forty-one subscriber cases. Absent a settlement, most of those will be remanded to transferor courts
and the parties will be faced with many years of further litigation. See In re U.S. Oil & Gas Litig.,
967 F.2d 489, 493 (11th Cir. 1992) (noting that complex litigation “can occupy a court’s docket
for years on end, depleting the resources of the parties and taxpayers while rendering meaningful
relief increasingly elusive”). The history of this litigation demonstrates that continued litigation in
Alabama and in dozens of other jurisdictions would be costly, risky, and protracted.
Although the parties have litigated substantial motions, it could still be some years before
the court and the parties are in a position to set even the accelerated Alabama cases for trial. In the
accelerated Alabama actions, in relation to the class certification motion, Subscriber Plaintiffs have
presented a sophisticated damages model estimating impact and damages based on the potential
of entry by Blue and Green competitors into Alabama. This but-for world constructed by
Subscriber Plaintiffs’ experts involves a complex modeling of factors estimating the impact of the
entry of competition within the market, including estimated profitability of entry, timing of entry,
type of entry, strength of entry, progression of entry, competitive responses to entry, and the effects
of entry on competition. Plaintiffs’ experts then modeled an estimate of damages.
Defendants’ experts have aggressively challenged Subscriber Plaintiffs’ damages model
and vigorously attacked Subscriber Plaintiffs’ proposed findings and their experts’ calculations.
Without a settlement, the court will be required to consider contested class certification motions,
and complicated motions regarding the admissibility of the parties’ respective experts. One side or
the other (if not both) is likely to appeal whatever decision the court makes on the class certification
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and Daubert motions. Even if Subscriber Plaintiffs were to succeed in certifying a damages class
for Alabama and an injunctive relief class, they would still need to prove their claims and damages
at trial. Furthermore, one side or the other is likely, absent a settlement, to appeal the outcome of
any trial.
If the parties continue to litigate these cases, they would be required to devote significant
time and enormous resources to these cases. There is simply no guarantee that Subscriber Plaintiffs
would recover a final judgment more favorable than the considerable $2.67 billion in monetary
relief and the injunctive relief secured by the Subscriber Plaintiffs in the Settlement. There is
certainly a range on the spectrum of outcomes wherein they could do worse. Therefore, the court
concludes that the “costs, risks, and delay of trial and appeal,” Fed. R. Civ. P. 23(e)(2)(C)(i),
strongly support final approval.
b.
The Method of Distributing Relief to the Class Is Effective
The parties’ proposed method of processing the Settlement Class Members’ claims and
distributing relief to eligible claimants is efficient and effective. The Plan of Distribution will
efficiently calculate the value of millions of claims based on data available from the Settling
Defendants, rather than requiring every Authorized Claimant to provide years of information about
their premium amounts and actual contribution percentages. Every Damages Class member is
given an opportunity to make a claim, and if an Authorized Claimant does not agree with the
Default option, that claimant can provide additional information in support of an Alternative
option, which will be reviewed and adjudicated by the Settlement Administrator.
Class Counsel have retained JND to process claims. JND has a proven track record and has
been chosen as the administrator in a number of large, complex, and high-profile class action
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settlements.15 Class Counsel is also seeking appointment of the Honorable Irma E. Gonzalez (Ret.)
as Settlement Administrator to adjudicate any challenges to claim determinations. Judge Gonzalez
is a distinguished retired jurist who has continued to make substantial contributions to the law
since leaving the bench. The court finds that the method of distributing relief to the Class Members
is effective.
c.
The Requested Attorney’s Fees Are Reasonable
Settlement Class Counsel have requested a combined fee and expenses award from the
$2.67 billion-dollar common fund of 25%. (Doc. # 2733-1 at 4). Settlement Class Counsel also
intend to apply for up to $7 million from the Notice and Administration Fund to “reimburse
plaintiffs’ counsel’s actual and reasonable fees and expenses incurred for Notice and
Administration.” (Doc. # 2610-2 ¶ 28(h)). This request for fees and expenses is in line with
benchmarks set by the Eleventh Circuit and this court for fees alone. See In re Equifax, 2020 WL
256132, at *31 (“Typically, awards range from 20% to 30%, and 25% is considered the
‘benchmark’ percentage.”); In re Equifax, 999 F. 3d at 1281 (citing favorably to similar authority);
Faught v. Am. Home Shield Corp., 668 F.3d 1233, 1243 (11th Cir. 2011) (noting “well-settled law
from this court that 25% is generally recognized as a reasonable fee award in common fund
cases.”).
As noted above, in addition to the requested fees being reasonable, the payment of the
requested fee award does not in any way affect the amount of relief available to Class Members.
Finally, there are no agreements required to be identified by Rule 23(e)(3). Accordingly, the
requirements of Rule 23(e)(2)(C) are satisfied.
15 For example, JND administered the settlement in In re Equifax Inc. Customer Data Security Breach
Litigation, 999 F.3d 1247 (11th Cir. 2021), valued by plaintiffs’ counsel in excess of $1.3 billion.
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4.
Class Members Are Treated Equitably Relative to One Another
Under Rule 23(e)(2)(D), courts must consider “whether the apportionment of relief among
class members takes appropriate account of differences among their claims, and whether the scope
of the release may affect class members in different ways that bear on the apportionment of relief.”
See Fed. R. Civ. P. 23 Advisory Committee’s note to 2018 amendment; see also In re Payment
Card Interchange Fee & Merch. Disc. Antitrust Litig., 2019 WL 6875472, at *27 (E.D.N.Y. Dec.
16, 2019). The allocation in the settlement between Class Members was negotiated at arm’s length
under the auspices of Ken Feinberg, the country’s leading authority on allocations of large
settlements and compensation funds. Feinberg -- who has worked on such matters as the September
11th Victim Compensation Fund, the Troubled Asset Relief Program, and the BP Deepwater
Horizon Disaster Victim Compensation Fund, to name just a few -- confirmed that the allocation
is reasonable. (See Doc. # 2610-8).
With respect to damages, the Plan of Distribution accounts for the differing risks and claim
strengths for different Class Members; therefore, it ensures, to the greatest reasonably practicable
extent, that Class Members are treated equitably. See Fitzgerald v. P.L. Mktg., Inc., 2020 WL
3621250, at *9 (W.D. Tenn. July 2, 2020) (finding this Rule 23(e)(2) factor to favor approval
where distribution took into account the greater risks some class members faced). The Plan of
Distribution distinguishes between Fully Insured Claimants, who purchased insurance from
Defendants, and Self-Funded Sub-Class Claimants, who purchased administrative services only.
Under the Plan, Fully Insured Claimants are allocated 93.5% of the settlement, while Self-Funded
Sub-Class Claimants are 6.5%.
Feinberg concluded that distributing 93.5% of the Net Settlement Fund among Fully
Insured Claimants and the remaining 6.5% of the Net Settlement Fund among Self-Funded
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Claimants constituted a reasonable allocation of the Net Settlement Fund. (Doc. # 2610-8 ¶ 6). In
Feinberg’s opinion, the proposed FI/Self-Funded Allocation “treats class members equitably
relative to each other” as is required by Rule 23(e)(2)(D). (Id. ¶ 13). As Feinberg explained:
[T]he proposed FI/Self-Funded Allocation meets [the Rule 23(e)(2)(d) standard],
for multiple reasons. First, the negotiated number falls towards the low end of Self-
Funded Settlement Sub-Class Counsel’s estimate, and the high end of Settlement
Class Counsel’s estimate. In any negotiation, absent unusual factors, one would
expect an outcome in that range. Second, the relative size of the Self-Funded
Claimants’ share makes sense given the statute of limitations and premiums vs.
administrative fees issues discussed above. And finally, although not necessary to
my decision, the fact that the division resulted from protracted negotiations between
sophisticated counsel also supports its reasonableness. I note that some of the
injunctive relief in the Settlement Agreement (such as direct contracting with
vendors for self-funded accounts, ¶ 12; and the Second Blue Bid, ¶ 15) applies
exclusively to Self-Funded Accounts, rather than to Individual Members and
Insured Groups. My conclusion that the Settlement’s allocation of relief is equitable
for Self-Funded Accounts is only strengthened by this additional injunctive relief,
which applies solely to those Class Members.
(Doc. # 2610-8 ¶¶ 14-15).
At the Fairness Hearing, Class Counsel and Self-Funded Sub-Class Counsel reiterated that
the allocation agreement was the product of a multi-month, vigorous negotiation. (See Doc. # 2685
at 124, 135). A guiding principle in these matters is that “[p]arties represented by competent
counsel are better positioned than courts to produce a settlement that fairly reflects each party’s
expected outcome in litigation.” In re Netflix Privacy Litig., 2013 WL 1120801, at *8 (N.D. Cal.
Mar. 18, 2013) (quoting Rodriguez v. West Publ’g Corp., 563 F.3d 948, 965 (9th Cir. 2009)). “The
recommendations of plaintiffs’ counsel should be given a presumption of reasonableness.” In re
Omnivision Techns., Inc., 559 F. Supp. 2d 1036, 1043 (N.D. Cal. 2009) (quoting Boyd v. Bechtel
Corp., 485 F. Supp. 610, 622 (N.D. Cal. 1979)); see also In re EVCI Career Colleges Holding
Corp. Sec. Litig., 2007 WL 2230177, at *11 (S.D.N.Y. July 27, 2007). But, the court fully
understands its role under Rule 23 to ensure fairness, adequacy, and reasonableness.
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The outcome of this hard-fought negotiation was an economically reasonable allocation,
as confirmed by Dr. Joseph Mason, who is an experienced antitrust economist, a chaired professor
at LSU, and a fellow at the Wharton School at the University of Pennsylvania. (Doc. # 2825-1).
Dr. Mason explains that “one would expect the apportionment of settlement proceeds between the
Subscriber Class and the Self-Funded Sub-Class to reflect the relative share of overcharges borne
by Fully-Insured and ASO plans, respectively, during the relevant class periods.” (Id. ¶ 30). To
approximate these overcharges, Dr. Mason examined four proxies: relative gross revenue, net
revenue, operating gain differential, and growth in net revenue components per member for ASO
and Fully-Insured products. (Id. ¶¶ 30-31). Using these four proxies, the implied settlement
allocations for the Self-Funded Sub-Class were, respectively, 1.7%, <10.7%, <3.9-6.3%, and 3.4-
3.8%. Thus, Dr. Mason’s proxies demonstrate that a 6.5% allocation for the Self-Funded Class is
fair, adequate, and reasonable.
Also, as Dr. Mason has explained, “ASO subscribers purchase from a more competitive
market than Fully-Insured subscribers.” (Id. ¶ 22). For some Blues, fully insured business runs
anywhere from as much as four to ten times more profitable than ASO business. (See Docs. #
2868-1; 2868-2; 2812-12 at 3). And, for others, ASO business may be break-even or even serve as
a loss leader. (See Docs. # 2868-3; 2868-4; 2868-5; 2868-6; 2868-7). Because of the availability
of substitute products -- such as other third party administrators, the option to administer healthcare
plans in-house, and the existence of large national health plan administrators -- the ASO market is
significantly more competitive than its counterparts. (See Doc. # 2865 at 41-44).
Moreover, the allocation is justified by the different time periods for the classes and the
uncertainty regarding litigation outcomes. (Doc. # 2825-1 ¶¶ 30 n.49; 33-35). The Fully Insured
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Class Period spans twelve and a half years while the Self-Funded class spans five years.16 Because
the ASOs did not become involved in the lawsuit until late 2019, they did not face the same
litigation perils and expenses as the rest of the Class. Therefore, a discount factor is appropriate in
assessing their portion of the settlement as such a discount reflects “the expected amount of time
that would elapse before a litigation or settlement payment is made[,] as well as the risk associated
with that payment.” (Id. ¶ 35). Here, according to Dr. Mason, a “conservative” discount factor
would be no less than 50%. (Id.).
Finally, every class member is subject to the same release, and the release does not affect
the apportionment of relief to other Class Members.
In light of all of these factors, the court finds that the Settlement Agreement treats Class
Members equitably.
5.
The Proposed Settlement is Fair, Adequate, and Reasonable Under the
Remaining Bennett Factors
“[I]n order to approve a settlement, the district court must find that it ‘is fair, adequate, and
reasonable and is not the product of collusion between the parties.’” Bennett, 737 F.2d at 986
(quoting Cotton v. Hinton, 559 F.2d 1326, 1330 (5th Cir. 1977)). A settlement is fair, reasonable,
and adequate when “the interests of the class as a whole are better served if the litigation is resolved
by the settlement rather than pursued.” In re Lorazepam & Clorazepate Antitrust Litig., MDL No.
1290, 2003 WL 22037741, at *2 (D.D.C. June 16, 2003) (quoting Manual for Complex
Litig. (Third) § 30.42 (1995)). In evaluating a proposed settlement, the court is “not called upon to
determine whether the settlement reached by the parties is the best possible deal, nor whether class
16 “‘Settlement Class Period” means February 7, 2008, through the Execution Date, except for the Self-
Funded Accounts, for whom the Settlement Class Period is September 1, 2015 through the Execution Date.” (Doc. #
2610-2 ¶ 1(nnnn)).
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members will receive as much from a settlement as they might have recovered from victory at
trial.” In re Checking Acct. Overdraft Litig., 2020 WL 4586398, at *8 (S.D. Fla. Aug. 10, 2020),
aff’d sub nom. In re Checking Account Overdraft Litig., 2022 WL 472057 (11th Cir. Feb. 16, 2022)
(quoting In re Mexico Money Transfer Litig., 164 F. Supp. 2d 1002, 1014 (N.D. Ill. 2000) (citations
omitted)).
a.
Likelihood of Success at Trial and Complexity, Expense, and
Duration of the Litigation
The court considers the first and fourth Bennett factors together. Throughout this case,
Defendants have vigorously disputed liability and have pressed a number of affirmative and other
defenses. In order to proceed to trial, the parties would have to initially devote significant time to
briefing class certification motions and motions to exclude expert testimony. Preparation for trial
would involve a slew of new motions and require months of intense work. Even assuming that
Plaintiffs prevail at trial, they may not establish damages in the amount of the monetary relief in
the Settlement. Finally, if Plaintiffs did prevail at trial, they would certainly face a protracted
appellate process.
Counsel have invested over 444,000 hours of attorney time to litigate this case and have
made significant investments in expenses. This case has been (and would continue to be) incredibly
complex, expensive, and time-consuming. When this reality is combined with the uncertainty of
recovery, it is clear that a range of possible recovery includes amounts that are far less than the
amount agreed to in the Settlement.
Here, the Settlement provides significant relief to Settlement Class Members. At $2.67
billion, the Settlement represents one of the largest antitrust class settlements in history. And even
if the monetary benefit that is actually distributed between Settlement Class Members is not in an
amount that a lay observer might expect, as discussed more fully below, the injunctive aspects of
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the Settlement significantly alter the Blues’ business practices and substantially increase the value
of the Settlement to the Class Members.
To be clear, the dollar amount of the Settlement is substantial. But, to put it in a context of
expected outcomes, Subscriber Plaintiffs’ expert Ariel Pakes calculated an overcharge ranging
from 3.4% to 5.5% for Alabama class members. (Doc. # 2411-1 ¶ 10). In extrapolating the
Alabama damages model nationwide through 2019, Dr. Pakes, estimated Subscriber damages as
ranging from $18.6 billion to $36.1 billion. (Doc. # 2610-11 ¶ 10). A recovery of $2.67 billion
represents 7.3% to 14.3% of that estimated damage range, which easily falls within the range of
reasonable recoveries. See Bennett, 737 F.2d at 986-87 & n.9 (approving $675,000 settlement
representing 5.6% of claims with maximum potential recovery of $12,000,000); In re Checking
Account Overdraft Litig., 830 F. Supp. 2d 1330, 1346 (S.D. Fla. 2011) (“[S]tanding alone, nine
percent or higher constitutes a fair settlement even absent the risks associated with prosecuting
these claims.”). The bottom line is this: this financial settlement is one of the largest ever in history,
particularly considering that this is a private enforcement settlement.
As significant as the monetary amount of $2.67 billion is, the truly exceptional aspect of
this settlement is the structural relief agreed upon. The business practice changes established in the
Settlement are significant and are designed to enhance competition going forward. (Doc. # 2610-
10 ¶ 37). Subscriber Plaintiffs have explained that the Settlement Agreement remedies the most
significant of those restraints by abolishing the National Best Efforts revenue cap and establishing
the Second Blue Bid for Qualified National Accounts. In doing so, the settlement will provide for
materially greater competition in the field of health care financing. (Doc. # 2610-1 at 52 n.31). To
put the value of the negotiated injunctive relief in context, during the litigation phase, Dr. Pakes
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estimated “that NBE accounted for 97 percent of the total damages in the case.” (Doc. # 2626 at
160).
“In a case where experienced counsel represent the class, the Court ‘absent fraud, collusion,
or the like, should hesitate to substitute its own judgment for that of counsel.’” Ingram v. The
Coca-Cola Co., 200 F.R.D. 685, 691 (N.D. Ga. 2001) (quoting Cotton v. Hinton, 559 F.2d 1326,
1330 (5th Cir. 1977)).17 In light of Class Counsel’s qualifications, which include substantial
experience litigating MDLs, class actions, and other complex cases, the court “has confidence in
their collective judgment that the benefits of this settlement far outweigh the delay and
considerable risk of proceeding to trial.” Ingram, 200 F.R.D. at 691. The relief secured by the
Subscriber Plaintiffs with this Settlement—both monetary and non-monetary—reflects an
excellent result for the Settlement Classes and plainly falls within the range of reasonableness
contemplated by these factors.
b.
The Stage of the Proceedings/Development of the Factual
Record
The second and third Bennett factors are “easily combined and normally considered in
concert.” Camp v. City of Pelham, 2014 WL 1764919, at *3 (N.D. Ala. May 1, 2014). “The law is
clear that early settlements are to be encouraged, and accordingly, only some reasonable amount
of discovery should be required to make these determinations.” Ressler v. Jacobson, 822 F. Supp.
1551, 1555 (M.D. Fla. 1992). The Bennett factors require a court to consider whether “the case
settled at a stage of the proceedings where class counsel had sufficient knowledge of the law and
facts to fairly weigh the benefits of the settlement against the potential risk of continued litigation.”
In re Equifax, 2020 WL 256132, at *10.
17 The United States Court of Appeals for the Eleventh Circuit adopted as binding precedent the decisions of
the United States Court of Appeals for the Fifth Circuit handed down prior to September 30, 1981. Bonner v. City of
Prichard, 661 F.2d 1206, 1207 (1981).
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Here, Plaintiffs conducted exhaustive discovery. They obtained and reviewed over 75
million pages of documents and over 100 terabytes of data, took over 100 depositions, and worked
extensively with experts on liability and damages analyses. Plaintiffs have had ample opportunity
to investigate the facts and law to obtain substantive rulings from the court. Thus, it is clear that
the factual record in this matter was sufficiently developed to allow Class Counsel to make a
reasoned judgment as to the merits of the settlement. See Swaney v. Regions Bank, 2020 WL
3064945, *5 (N.D. Ala., June 9, 2020) (holding that settlement was appropriate where the parties
“have litigated this case for over seven years, through dispositive motions” and “have had the
opportunity to investigate the facts and law, review substantive evidence relating to the claims and
defenses, and brief the relevant legal issues”). The court is satisfied that Class Counsel were able
to adequately evaluate the desirability of the settlement as opposed to continuing with the
litigation.
6.
The Substance and Amount of Opposition to the Settlement
In determining whether a proposed settlement is fair, reasonable, and adequate, the reaction
of the class is an important factor. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc., 396 F.3d 96, 117-18
(2d Cir. 2005). Thus, a low percentage of objections as compared to the size of the class points to
the reasonableness of a proposed settlement and supports its approval. Bennett, 737 F.2d at 986.
As of August 31, 2021, after direct notice was sent to over 100 million class members and
after an extensive media and outreach campaign, JND had received 2,049 timely and valid
exclusion requests (opt-outs) and 40 timely objections from 123 Objectors. (Doc. # 2812-2 ¶ 95).18
Over two months before the deadline to file a claim, JND had already received a total of 6,077,526
claims comprised of 177,687 claims on behalf of companies/businesses/entities, 1,381,112 claims
18 Eighty-one of these Objectors, or 66% of all objectors, are represented by the same law firm.
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from individuals reporting that they purchased health insurance directly from a BCBS Company,
and 4,194,942 claims from employees. (Id. at ¶ 96). More than 99% of claims opted for the default
option. (Id. at ¶ 97). As of May 10, 2022, after Supplemental Notice was issued to the Self-Funded
Sub-Class, JND had received only thirty-nine timely exclusion requests and zero timely additional
objections. (Doc. # 2914-1 at ¶ 27).
As one court has held, forty-one objections based on 8,822,803 notices mailed constitutes
an infinitesimal ratio (.00050%) when compared to the millions of potential class members.
Lipuma v. Am. Express Co., 406 F. Supp. 2d 1298, 1324 (S.D. Fla. 2005). Here, proportionally
there actually are far fewer objections when comparing the relative sizes of the classes. And, as of
the filing of the Motion for Final Approval of Class Settlement, over six million claims had been
submitted by class members seeking to participate in the Settlement.
As courts in the Eleventh Circuit have explained, “[i]t is settled that ‘[a] small number of
objectors from a plaintiff class of many thousands is strong evidence of a settlement’s fairness and
reasonableness.’” In re Checking Acct. Overdraft Litig., 2020 WL 4586398 at *15 (alteration in
original) (quoting Ass’n for Disabled Ams. v. Amoco Oil Co., 211 F.R.D. 457, 467 (S.D. Fla.
2002)); see also Ferron v. Kraft Heinz Foods Co., 2021 WL 2940240, at *12 (S.D. Fla., July 13,
2021) (“This Court, like others, considers the reaction of the Settlement Class to the proposed
settlement to be an important indicator as to its reasonableness and fairness.”). The miniscule
number of opt-outs and objections to this proposed Settlement in comparison to the tens of millions
of Class Members and the large number of claims filed, militates in favor of approval of the
Settlement. See, e.g., In re Toys “R” Us Antitrust Litig., 191 F.R.D. 347, 355 (E.D.N.Y. 2000)
(approving settlement based on small number of opt outs and objections in light of the “huge
number of potential Class members and massive nationwide notice”); Taifa v. Bayh, 846 F. Supp.
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723, 728 (N.D.Ind. 1994) (approving class settlement, and noting that objectors represent “little
more than 10 percent” of the class).
IV.
Objections to the Settlement
Federal Rule of Civil Procedure 23(e)(5)(A) affords class members who oppose a
settlement the right to object. “Often times objectors play a beneficial role in opening a proposed
settlement to scrutiny and identifying areas that need improvement.” In re Equifax, 999 F.3d at
1257 (quoting David F. Herr, Annotated Manual for Complex Litigation § 21.643 (4th ed. 2021))
(internal quotation marks omitted)). All of the objections were publicly filed on the court’s docket
and are of record. (Docs. # 2812-19; 2812-20; 2812-21; 2812-22). Additionally, certain Objectors
filed post-fairness hearing briefs further detailing their objections to the settlement. (Docs. # 2873;
2874; 2875; 2876).
On February 4, 2022, the court addressed the substance of certain objections related to the
Second Blue Bid relief provided to certain Self-Funded Accounts and whether that relief should
be properly construed as divisible injunctive relief under Federal Rule of Civil Procedure 23(b)(3).
(Doc. # 2897). The court granted Subscriber Plaintiffs’ Motion (Doc. # 2885) and provided the
parties the opportunity to send Supplemental Notice to Self-Funded Accounts. In particular, the
court ordered the Settlement Administrator to issue supplemental notice to Self-Funded Entity
Accounts to make explicit that, if they opt out of the 23(b)(3) Class (sometimes referred to as the
“Damages Class”), they retain the right not only to seek monetary damages, but also to seek
individualized injunctive relief, which may include a Second Blue Bid or other such individualized
injunctive relief, depending on the circumstances surrounding the Self-Funded Entity Account’s
claim. (Doc. # 2897). In ordering Supplemental Notice, the court overruled the objections to the
Settlement relating to the inability to opt out of the Second Blue Bid injunctive relief. (Id.)
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As discussed more fully below, after carefully considering the objections to the Settlement,
the court has determined that none of the remaining objections cast any doubt on the fairness of
the Settlement. Accordingly, the court overrules all of the remaining objections not already
addressed in its February 4, 2022 Memorandum Opinion and Order Granting Motion for
Supplemental Notice to Self-Funded Accounts. (Doc. # 2897).
The remaining objections to the Settlement can be broadly categorized as follows:
1. Whether the Settlement perpetuates conduct that the court already found to be per se
illegal;
2. Whether the Settlement requires the court to issue an advisory opinion that the revised
ESAs are lawful;
3. Whether the Settlement Improperly Releases Future Conduct;
4. Whether the allocation between the Subscribers and Self-Funded Sub-Class is fair;
5. Whether the Self-Funded class period should go back to 2008;
6. Whether the QNA Definition is too narrow or the requirements to obtain a Second Blue
Bid are unreasonable;
7. Whether the Local Best Efforts Rule should be left intact;
8. Whether Tribal-related entities should be part of the Settlement;
9. Whether Attorney Fees are too high;
10. Whether the Settlement Monetary Relief is too low;
11. Whether the Self-Funded Sub-Class Counsel had a conflict; and
12. The Department of Labor’s ERISA concerns.
(Docs. # 2812-19; 2812-20; 2812-21; 2812-22). The court addresses each category in turn.
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A.
Whether the Settlement perpetuates conduct that the court already found to
be per se illegal
The Sperling/Sherrard Opt-Out Objectors and Home Depot Inc., U.S.A. (“Home Depot”)
contend that the Settlement should not be approved because doing so would perpetuate a per se
violation of Section 1 of the Sherman Act. The court disagrees.
First, the premise of this objection is wrong. To the extent these objectors argue that the
court already found ESAs to be per se illegal, they misread the court’s standard of review opinion.
The court did not find ESAs alone to be per se unlawful under Sealy and Topco.19 (Docs. # 2812-
19 at 17-20; 2812-20 at 43). In the April 5, 2018 Memorandum Opinion and Order Regarding
Section 1 Standard of Review, the court held that “Defendants’ [then] aggregation of a market
allocation scheme together with certain other output restrictions is due to be analyzed under the
per se standard of review. . . .” (Doc. # 2063 at 59) (emphasis added). In fact, the court did not
even address ESAs alone. Rather, the court addressed the then-existing accumulation of alleged
restraints.
Under Bennett, “unless the illegality of an arrangement under consideration is a legal
certainty, the mere fact that certain of its features may be perpetuated is no bar to approval.”
Bennett, 737 F.2d at 987. See also Fraley v. Batman, 638 F. App’x 594, 597 (9th Cir. 2016) (“a
district court abuses its discretion in approving a settlement only if the agreement sanctions ‘clearly
illegal’ conduct.”) (citing Robertson v. Nat’l Basketball Ass’n, 556 F.2d 682, 686 (2d Cir. 1977)
(approving an antitrust settlement over the objection that “it perpetuates for ten years two ‘classic
group boycotts’ in violation of Section 1 of the Sherman Antitrust Act” because “the alleged
19 United States v. Sealy, Inc., 388 U.S. 350 (1967); United States v. Topco Associates, Inc., 405 U.S. 596,
598 (1972).
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illegality of the settlement agreement is not a legal certainty”) (citing Grunin v. International
House of Pancakes, 513 F.2d 114, 124 (8th Cir.), cert. denied, 423 U.S. 864 (1975))).
Furthermore, the court certified its standard of review decision -- and its conclusion about
the legal effect of the aggregation of restraints -- for interlocutory appeal. (Doc. # 2023). In doing
so, the court necessarily found that there is a substantial ground for difference of opinion as to its
decision. 28 U.S.C. § 1292(b). If there is a substantial ground for a difference of opinion as to the
legality of the aggregation of restraints, it follows that the alleged illegality of one of those
restraints alone is not a legal certainty.
To be clear, this Settlement permits ESAs20 to remain in place. But, that is not cause to
reject final approval. See Fraley, 638 F. App’x at 594; Robertson, 556 F.2d at 686; Bennett, 737
F.2d at 987; Grunin, 513 F.2d at 123-24. After careful review, the court concludes that the
arrangement that will exist upon implementation of the Settlement is not clearly illegal. Even more
to the point, Defendants’ Motion Regarding the Antitrust Standard of Review Applicable to
Provider Plaintiffs’ Section 1 Claims (Doc. # 2722) tees up the issue of whether ESAs alone
constitute a per se violation of Section 1. That issue is more fully addressed in a Memorandum
Opinion and Order on Defendants’ Motion, which the court has entered contemporaneously with
this Final Order and Judgment. In that Memorandum Opinion and Order the court concludes that
it must apply the rule of reason analysis to those of Providers’ claims that challenge the ESAs
alone in the absence of a National Best Efforts Agreement.
20 As the Blues note, “the use of the ESAs by the Blue system has been public knowledge for decades. Yet
the federal agencies charged with enforcing our antitrust laws have chosen never to bring the claims brought by the
Class Representatives and Subscriber Class Counsel in this case. Nor did any of the Objectors ever see fit to challenge
the arrangement they now claim is ‘clearly illegal,’ even though it was public knowledge for decades before these
lawsuits were filed. It is simply not tenable for the Objectors now to arrive on the scene claiming that the ESAs they
have been living with for decades are ‘clearly illegal,’ thus barring final approval of the Settlement.” (Doc. # 2812-1
at 83).
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As the court’s opinion on that motion concludes, there have been material changes to the
Blues’ going-forward system which add significant procompetitive features. In light of these
changes, and the uncertainty which impelled the court to certify its 2018 standard of review ruling
under § 1292(b), the court concludes that the post-settlement Blue system will not be clearly
illegal.21
Therefore, the objection asserting that the Settlement perpetuates a per se violation of
Section 1 of the Sherman Act is OVERRULED.
B.
Whether the Settlement requires the court to issue an advisory opinion that
the revised ESAs are lawful
Home Depot also objects to the Settlement to the extent its approval may contain an
advisory opinion regarding the legality of the going-forward Blues system. (Doc. # 2812-20 at 33).
The National Account, Church Plan, and Taft-Hartley Objectors have made similar arguments.
(Doc. # 2812-19 at 15-21). Subscribers respond by noting that “the [c]ourt need only satisfy itself
that the arrangement left intact under the Settlement is not ‘clearly illegal.’” (Doc. # 2812-1 at 83)
(citing Bennett, 737 F.2d at 987).
The Settlement Proponents’ draft order approving the Settlement contains a section
regarding the Standard of Review which reads:
Standard of Review.
21.
The Court finds that its April 5, 2018 Memorandum Opinion Regarding
Section 1 Standard of Review and Single Entity Defense (ECF No. 2063) and the
accompanying Order (ECF No. 2064) no longer apply to the Blue System, as
revised by this Settlement Agreement.
21 The sum and substances of the Objectors’ arguments appears to be that the post-settlement changes to the
Blue System do not render the system clearly legal. That is not the test. Over the years, the courts have settled on the
“clearly illegal” standard because it best comports with the policy favoring settlements.
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(Doc. # 2812-17 at 11). However, the court is not required to adopt any proposed Order and has
conducted its own, independent analysis of the Settlement. Moreover, even the proposed Order
does not suggest that the court issue an advisory opinion.
In the Preliminary Approval Order, the court noted that:
The proposed Settlement currently under consideration alters Defendants’ business
model. The Settlement eliminates the National Best Efforts revenue cap[]. [T]he
elimination of that policy is a significant change that the court preliminarily finds
will drastically alter the forward-looking landscape such that the court’s standard
of review opinion would no longer apply. Of course, the Settlement does not change
the facts as they existed during the class period.
(Doc. # 2641 at 48). The court need not say more. Indeed, to do so would actually involve issuing
an advisory opinion on the merits of issues that are not currently before the court. In reviewing a
class action settlement, the court does not “have the right or the duty to reach any ultimate
conclusions on the issues of fact and law which underlie the merits of the dispute.” United States
v. Alabama, 271 F. App’x 896, 902 (11th Cir. 2008) (quoting Cotton v. Hinton, 559 F.2d 1326,
1330 (5th Cir. 1977)); see also Fraley, 638 F. App’x at 597 (“When approving a settlement, a
district court should avoid reaching the merits of the underlying dispute.”) (citing Isby v. Bayh, 75
F.3d 1191, 1198 (7th Cir. 1996)).
Therefore, Home Depot’s objection relating to an advisory opinion is OVERRULED.
Nonetheless, as noted above, in ruling on Defendants’ Motion Regarding the Antitrust Standard
of Review Applicable to Provider Plaintiffs’ Section 1 Claims (Doc. # 2722), the court was called
upon to directly address the issue of whether ESAs alone constitute a per se violation of Section 1
in deciding a fully briefed Rule 56 Motion. In the court’s Memorandum Opinion and Order on that
Motion, which has been entered contemporaneously with this Final Order and Judgment, the court
concludes that it must apply the rule of reason analysis to Providers’ claims based on ESAs alone.
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C.
Whether the Settlement improperly releases future conduct
Home Depot also objects to the scope of the proposed release provision of the Settlement
Agreement. Home Depot argues that the release is impermissible because it requires members of
the injunctive relief class to release future claims for injunctive and equitable relief. (Doc. # 2812-
20 at 19). Building on that objection, Home Depot further argues that public policy forbids such a
prospective release of a private party’s right to enforce the antitrust laws against future conduct.
(Id. at 22). That objection is off the mark.
The Settlement Agreement defines “Released Claims” as follows:
“Released Claims” means any and all known and unknown claims, causes of action,
cross-claims, counter-claims, charges, liabilities, demands, judgments, suits,
obligations, debts, setoffs, rights of recovery, or liabilities for any obligations of
any kind whatsoever (however denominated), [] known or unknown, suspected or
unsuspected, asserted or unasserted, direct or derivative, based upon, arising from,
or relating in any way to: (i) the factual predicates of the Subscriber Actions
(including but not limited to the Consolidated Amended Class Action Complaints
filed in the Northern District of Alabama) including each of the complaints and
prior versions thereof, or any amended complaint or other filings therein from the
beginning of time through the Effective Date; (ii) any issue raised in any of the
Subscriber Actions by pleading or motion; or (iii) mechanisms, rules, or
regulations by the Settling Individual Blue Plans and BCBSA within the scope of
Paragraphs 10 through 18 approved through the Monitoring Committee Process
during the Monitoring Period. Nothing in this Release shall release claims,
however asserted, that arise in the ordinary course of business and are based solely
on (i) whether a particular product, service or benefit is covered by the terms of a
particular Commercial Health Benefit Product, (ii) seeking resolution of a benefit
plan’s or a benefit plan participant’s financial responsibility for claims, based on
either the benefit plan document or statutory law, or (iii) challenging a Releasee’s
administration of claims under a benefit plan, based on either the benefit plan
document or statutory law. Any claim, however asserted, (i) that a product, service,
or benefit should be or should have been covered, but was not covered, (ii) seeking
resolution of a benefit plan’s or benefit plan participant’s financial responsibility
for claims, or (iii) challenging a Releasee’s administration of claims under a benefit
plan, based in whole or in part on the factual predicates of the Subscriber Actions
or any other component of the Released Claims discussed in this Paragraph, is
released. Notwithstanding any other provision of this Agreement, a Provider who
is a Settlement Class Member as defined in this Agreement does not release any
claims arising from his, her or its sale or provision of health care products or
services (as opposed to the purchase of a Commercial Health Benefit Product).
Settling Defendants agree not to raise Providers’ releases under this Agreement as
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a defense to Providers’ claims brought in their capacity as Providers of health care
products or services in MDL No. 2406. For purposes of clarity, Released Claims
include, but are not limited to, claims that arise after the Effective Date.
(Doc. # 2610-2 ¶ uuu) (emphasis added).
Paragraphs 10 through 18 of the Settlement Agreement describe the “Class Injunctive
Relief.” (Id. at ¶¶ 10-18). Paragraph 20 provides:
20.
Monitoring and Reporting. During the Monitoring Period, BCBSA may
advise Settlement Class Counsel, Self-Funded Sub-Class Settlement Counsel, and
the Monitoring Committee of BCBSA Board actions to be taken adopting rules or
regulations that are within the scope of Paragraphs 10-18. The communications
shall remain Confidential. During the Monitoring Period, Settlement Class
Counsel, Self-Funded Sub-Class Settlement Counsel, and Settlement Class
Members will report to the Monitoring Committee any and all disputes related to
the Agreement, and Settling Defendants will report drafts of new rules or measures
for approval under Paragraphs 10 through 18 to the extent Settling Defendants
advise of such potential rules or measures and disputes related to obligations
created by this Agreement. Any reporting obligation and the authority of the
Monitoring Committee shall cease at the conclusion of the Monitoring Period.
(Doc. # 2610-2 ¶ 10). Under paragraph 20, the Monitoring Committee is charged with reviewing
actions to be taken by the BCBSA Board and “adopting rules or regulations that are within the
scope of Paragraphs 10-18,” i.e., actions taken relating to the equitable relief provisions of the
Settlement. (Doc. # 2812-1 at 88).
The “Released Claims and Covenant Not to Sue” provision of the Settlement Agreement
provides:
32.
Released Claims and Covenant Not to Sue. In addition to the effect of any
final judgment entered in accordance with this Agreement, upon the Effective Date
as set out in Paragraph 8, and in consideration of the Injunctive Relief and payment
of the Settlement Amount into the Settlement Fund, and for other valuable
consideration, the Releasors shall be deemed to have, and by operation of the Final
Judgment and Order of Dismissal shall have, fully, finally, and forever released,
relinquished, and discharged all Released Claims against any and all of the
Releasees. Persons or entities in both the Injunctive Relief Class and the Damages
Class release all Released Claims. Persons or entities in the Injunctive Relief Class
but not the Damages Class, release only claims for equitable or injunctive relief,
provided that persons or entities that are within the definition of the Damages Class
release any claims for damages that may be asserted by persons or entities
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(including dependents and beneficiaries) who claim by, for, under, or through a
Damages Class member or the Commercial Health Benefit Product that a Damages
Class member purchased, was covered by, or was enrolled in.
The Parties intend that the releases in this Agreement be interpreted and enforced
broadly and to the fullest extent permitted by law. Each Releasor shall be deemed
to have released all Released Claims against the Releasees regardless whether any
such Releasor ever seeks or obtains by any means, including without limitation
through the Claim Process, any distribution from Settlement Fund. Class
Representatives and Settling Defendants acknowledge, and Settlement Class
Members shall be deemed by operation of the Final Judgment and Order of
Dismissal to have acknowledged, that the foregoing waivers and releases were
separately bargained for and a key element of the settlement of which these releases
are part.
(Doc. # 2610-2 at 48-49) (emphasis added).
Thus, three categories of claims (including future claims) are released under these
provisions. These categories include claims arising from:
(i)
the factual predicates of the Subscriber Actions (including but not limited
to the Consolidated Amended Class Action Complaints filed in the Northern
District of Alabama) including each of the complaints and prior versions thereof,
or any amended complaint or other filings therein from the beginning of time
through the Effective Date;
(ii)
any issue raised in any of the Subscriber Actions by pleading or motion; or
(iii)
mechanisms, rules, or regulations by the Settling Individual Blue Plans and
BCBSA within the scope of Paragraphs 10 through 18 approved through the
Monitoring Committee Process during the Monitoring Period.
(Id. at ¶ uuu) (emphasis added).
Home Depot argues that “[u]nder the third category of released claims, the proposed
monitoring process may add newly-adopted restrictions to the [scope of the] release.” (Doc. #
2812-20 at 21). That is, Home Depot asserts that the release “expands to cover restrictions not
currently in effect” because for five years, if the Monitoring Committee reviews a newly-adopted
rule or regulation relating to the Subscriber Settlement’s injunctive relief provisions and decides
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it is consistent with the Settlement’s injunctive relief provisions, claims regarding any such
regulations will be included within the release. (Id.).
Subscribers respond that “[t]he Monitoring Committee is not empowered to approve, much
less immunize from antitrust scrutiny, any new restraints, new arrangements, or future conduct
adopted by the Blues that are not within the scope of the matters addressed in the provisions of the
Settlement Agreement[.]” (Doc. # 2812-1 at 88). They argue that “[t]o be barred by the release []
any such future claims would have to arise from continued adherence to the existing arrangements
that are ‘the factual predicates of the Subscribers Actions’ or other prongs of the release.” (Doc. #
2812-1 at 92 n.41). They further point out that “[w]ere the Defendants to enter into a new
agreement or to adopt a new arrangement, a future plaintiff would not be foreclosed from asserting
a new antitrust violation arising under that agreement.” (Id.).
“Although it is well established that ‘federal class action settlements routinely include
releases waiving future claims,’[] only those claims that arise from an ‘identical factual predicate’
as the settled litigation may be released by the terms of a class action settlement agreement.” In re
Managed Care Litig., 2008 WL 11333988, at *5 (S.D. Fla. Apr. 21, 2008), report and
recommendation adopted, No. 00-1334-MD, 2008 WL 11333876 (S.D. Fla. May 14, 2008) (citing
Ass’n For Disabled Americans, Inc. v. Amoco Oil Co., 211 F.R.D. 457, 471 n.10 (S.D. Fla. 2002)
(“[F]ederal class action settlements routinely include releases waiving future claims.”)); see also
McClendon v. Georgia Dep’t of Cmty. Health, 261 F.3d 1252, 1254 (11th Cir. 2001) (approving
release of future claims in tobacco litigation); In re Chicken Antitrust Litig. Am. Poultry, 669 F.2d
228, 239 (5th Cir. 1982) (noting that a release of future claims is an important element of antitrust
class settlements); Melito v. Experian Mktg. Sols., Inc., 923 F.3d 85, 95-96 (2d Cir.), cert. denied
sub nom. Bowes v. Melito, 140 S. Ct. 677, 205 L. Ed. 2d 440 (2019) (“‘The law is well established
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in [the Second] Circuit and others that class action releases may include claims not presented and
even those which could not have been presented as long as the released conduct arises out of the
‘identical factual predicate’ as the settled conduct.’”) (quoting Wal-Mart Stores, 396 F.3d at 107,
in turn quoting TBK Partners, Ltd. v. W. Union Corp, 675 F.2d 456, 460 (2d Cir. 1982)); Williams
v. General Elec. Capital Auto Lease, Inc., 159 F.3d 266, 274 (7th Cir. 1998) (“It is not at all
uncommon for settlements to include a global release of all claims past, present, and future, that
the parties might have brought against each other.”).
Subscribers argue that, here, “[t]o be barred by the release [] any such future claims would
have to arise from continued adherence to the existing arrangements that are ‘the factual predicates
of the Subscribers Actions’ or other prongs of the release” (Doc. # 2812-1 at 92 n.41), and that “an
action [by the Blues] is covered by the release only if that action implements the relief that the
Settlement provides.” (Doc. # 2812-1 at 89).
The court agrees that the only new rules and regulations that may be subject to the release
are those based on an identical factual predicate and related to the injunctive relief provided by
Paragraphs 10 through 18 of the Settlement Agreement. Any new agreement or anticompetitive
restraint that is above and/or beyond those within the scope of the Settlement is not released and
can be subject to a legal challenge.
Objectors next argue that public policy prohibits the prospective release of future claims.
That is a true statement in the most general sense, but the Objectors’ argument is nevertheless off
target. In the area of antitrust, there is “considerable caselaw stand[ing] for the proposition that
public policy considerations differ when the only ‘prospective’ application of the release in
question is the continued adherence to a pre-release restraint on trade.” In re Managed Care Litig.,
2010 WL 6532982, at *12 (S.D. Fla. Aug. 15, 2010), report and recommendation adopted, 2011
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WL 1522561 (S.D. Fla. Mar. 8, 2011) (citing Madison Square Garden, L.P. v. Nat’l Hockey
League, 2008 WL 4547518, at *8-9 (S.D.N.Y. Oct. 10, 2008) (rejecting defendant’s argument that
enforcement of the release would violate public policy surrounding antitrust claims where “the
cases on which [the party] relies to support its public policy argument ... involve either releases
that purport to bar claims based on future violations, i.e., truly ‘new and distinctive incidents’, or
subsequent conduct by the defendant that goes beyond what was released in the first instance,”
and finding “considerable support in the caselaw for the distinction relied upon here, namely that
the public policy considerations differ when the only ‘prospective’ application of the release in
question is the continued adherence to a pre-release restraint”) (internal citation omitted) and MCM
Partners, Inc. v. Andrews-Bartlett & Associates, Inc., 161 F.3d 443, 448 (7th Cir. 1998) (taking a
functional approach to the question of enforceability, the court found the conduct “clearly based”
on pre-release conduct and thus enforced the release, while acknowledging that a “new, post-
release agreement” in restraint of trade may be actionable, but noted that mere “continued
adherence” to an alleged pre-released agreement” in restraint of trade could not give rise to a viable
claim)).
Cases finding releases void due to public policy “largely contemplate impermissibly broad
releases that released all types of claims, including ‘future’ entirely unrelated antitrust claims not
circumscribed to an identical factual predicate or to claims that arose out of the alleged conduct or
related conduct that could have been alleged[.]” In re Payment Card Interchange Fee & Merch.
Disc. Antitrust Litig., 2019 WL 6875472, at *26 (citing Schwartz v. Dallas Cowboys Football
Club, Ltd., 157 F. Supp. 2d 561, 575-76, 78 (E.D. Pa. 2001) (finding a release too broad because
it released future claims based not only on past conduct but also on future conduct which did not
form the basis of the litigation) and Madison Square Garden, 2008 WL 4547518, at *8-9).
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Because any released claim here would by definition arise from continued adherence to the
existing arrangements that are “the factual predicates of the Subscribers Actions” or the injunctive
relief provided under the Agreement, the cases cited by Home Depot are inapposite, and its
objections relating to the scope of the release are OVERRULED.22
D.
Whether the allocation between the Subscribers and Self-Funded Sub-Class is
fair
A plan of distribution should be approved when it allocates relief in a way that is “fair,
adequate, and reasonable.” In re Chicken Antitrust Litig. Am. Poultry, 669 F.2d at 241; see also
Holmes v. Cont’l Can Co., 706 F.2d 1144, 1147 (11th Cir. 1983); Leverso, 18 F.3d at 1530; In re
Sunbeam Sec. Litig., 176 F. Supp. 2d 1323, 1328 n.2 (S.D. Fla. 2001); Bellocco v. Curd, 2006 WL
4693490, at *2 (M.D. Fla. Apr. 6, 2006); Smith v. Floor and Decor Outlets of Am., Inc., 2017 WL
11495273, at *5 (N.D. Ga. Jan. 10, 2017). A plan of distribution will pass muster so long as “it
has a ‘reasonable, rational basis,’ particularly if ‘experienced and competent’ class counsel support
it.” McLaughlin On Class Actions, § 6.23 (17th ed. 2020); see also Schwartz v. TXU Corp., 2005
WL 3148350, at *21 (N.D. Tex. Nov. 8, 2005) (approving a plan of allocation that “resulted in a
settlement agreement that fairly and rationally allocates the proceeds of the settlement”).
Not surprisingly, the Bradley Objectors assert that a larger proportion of the Settlement
Funds for the Self-Funded Claimants should have been negotiated. There are two problems with
this argument. First, the Bradley Objectors have failed to credibly show that they would have been
able to have successfully done so. Second, and more fatally, this argument does not address the
relevant inquiry: whether the distribution plan is fair, adequate, and reasonable. It is.
22 Whether any particular claim has an identical factual predicate and/or falls within the scope of the release
is of course merely hypothetical, and currently unanswerable. Until a particular claim is asserted, comment by the
court would likely be an inappropriate advisory opinion. If the court is presented with such a claim, it will be in a
position to make an appropriate determination.
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The Plan distinguishes between Fully Insured Claimants, who purchased insurance from
Defendants, on the one hand, and Self-Funded Sub-Class Claimants who purchased only
administrative services from Defendants, on the other. Under the Plan, Fully Insured Claimants
are allocated 93.5% of the settlement, while Self-Funded Sub-Class Claimants are allocated 6.5%.
The Bradley Objectors argue that “there are indications that the allocation was not
negotiated at arm’s length” and “there is nothing in the record to justify an allocation so
disproportionate as 93.5% to 6.5%.” (Doc. # 2877 at 5-6). The Bradley Objectors are simply
wrong. First and foremost, the Bradley Objectors’ counsel admitted that this was not a collusive
settlement. (See Doc. # 2865 at 152 (“I certainly don’t think this is a collusive settlement[.]”)).
Second, the record clearly shows that the settlement was negotiated at arm’s length, under the
auspices of Ken Feinberg, the country’s leading neutral on allocations of large settlements and
compensation funds. (See Doc. # 2610-8). And, there is expert evidence in the record regarding
the reasonableness of the allocation. (Docs. # 2812-9; 2825-1).
The economic reasonableness of the allocation was confirmed by Dr. Mason, an
experienced antitrust economist. (Doc. # 2825-1). Dr. Mason utilized four proxies to analyze the
reasonableness of the allocation. In their argument, the Bradley Objectors targeted only the first of
those four proxies – related to the comparative share of the overcharges borne by Fully-Insured
and ASO plans. They argue that “the gross difference between fully insured premiums and
administrative fees is an unsound basis for the allocation.” (Doc. # 2877 at 8). But, Dr. Mason has
noted that this particular proxy -- in which 1.7% of the full amount is allocated to the Self-Funded
Sub-Class -- is particularly imprecise. (See 2825-1 ¶ 40 & n.60).
Dr. Mason’s second proxy -- net revenue -- “subtract[s] total claims paid on Fully Insured-
Plans from revenue associated with these plans,” so that they are on equal footing with ASO Plans,
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resulting in a less than 10.7% allocation to the Self-Funded Sub-Class. (Id. ¶ 40). This, in fact,
seems to be more or less what the Objectors assert should be the basis for the allocation. Instead
of subtracting the claims from Fully-Insured-Plans, they argue that the allocation formula should
add in the claims for Self-Funded Plans. (Doc. # 2877 at 25). However, both of these approaches
are also imperfect because they “implicitly assume[] the mark-up arising from the exclusionary
power of BCBS (the overcharge at issue in this case) is equi-proportional to each dollar of ASO
and Fully-Insured Net Revenue.” (Doc. # 2825-1 ¶ 41). This is an improper assumption.
As Dr. Mason has explained, “ASO subscribers purchase from a more competitive market
than Fully-Insured subscribers.” (Id. ¶ 22). Because of the greater availability of substitute
products -- such as third party administrates, the option to administer healthcare plans in-house,
and the existence of large national health plan administrators -- the ASO market actually is
significantly more competitive. (See Doc. # 2865 at 41-44). Indeed, for some Blues, fully insured
business is anywhere from four to ten times more profitable than ASO business. (See Docs. # 2868-
1; 2868-2; 2812-12 at 3). For some Blues, ASO business may in fact be break-even or even a loss
leader. (See Docs. # 2868-3; 2868-4; 2868-5; 2868-6; 2868-7). The Bradley Objectors overlook
these crucial differences between the markets. Surprisingly, their expert believes “the allocation
of damages should [not] be based on the relative amounts of overcharges that the two groups of
customer[s] paid[.]” (Id. at 258).
Overcharges are what this case is about. The differences in the markets -- along with the
differences in Class Periods -- mean that the Fully Insured Claimants suffered a much greater
antitrust injury. In fact, any overcharge an ASO customer paid on administrative fees was likely
offset by savings on claims costs, given this customer’s ability to directly negotiate discounts with
provider networks. (Doc. # 2825-1 ¶ 54). Accordingly, Fully Insured Claimants are deserving of a
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much greater proportion of the settlement.
Dr. Mason’s remaining proxies -- operating gain differential, which indicates a settlement
allocation for ASOs of <3.9-6.3%; and revenue per member growth, which indicates a settlement
allocation for ASOs of 3.4-3.8% -- reflect the relative profitability of the ASO and fully-insured
business. (See id. ¶¶ 42-49). Notably, the Self-Funded Objectors do not address these proxies in
their arguments. These unchallenged proxies support a finding that a 6.5% allocation for the Self-
Funded Class is fair, adequate, and reasonable.
For all of these reasons, the Bradley Objectors’ objection regarding the allocation between
the Fully-Insured and Self-Funded Classes is OVERRULED.
E.
Whether the Self-Funded class period should go back to 2008
The next questions to be addressed involve whether the allocation is justified by the
different time periods for the classes and the uncertainty regarding litigation outcomes. (Id. ¶¶ 30
n.49; 33-35).
The Fully Insured Class Period spans twelve and one-half years while the Self-Funded
Class spans five years.23 Because ASOs did not become involved in the lawsuit until late 2019,
they did not face the same litigation expenses, burdens, and perils as the rest of the Class. Even
more, they clearly benefitted from the work the Fully Insured counsel had performed for all those
years. Accordingly, a discount factor is appropriate in determining the two groups’ respective
portions of the settlement to reflect “the expected amount of time that would elapse before a
litigation or settlement payment is made[,] as well as the risk associated with that payment.” (Id.
¶ 35). Here, a “conservative” discount factor would be no less than 50%. (Id.). Dr. Mason applied
23 “‘Settlement Class Period’ means February 7, 2008, through the Execution Date, except for the Self-
Funded Accounts, for whom the Settlement Class Period is September 1, 2015 through the Execution Date.” (Doc. #
2610-2 ¶ 1(nnnn)).
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this 50% discount to each of his proxies. (Id. ¶¶ 39, 40, 43, 48). The Bradley Objectors argue this
discount factor is unfair because he applied no discount to the Fully Insured Class. That argument
misses the point. As Dr. Mason explained at the Fairness Hearing, “[t]o put things on an apples-
to-apples basis, we have to discount what [the Self-Funded Class is] getting for starting eight years
later.” (Doc. # 2865 at 204). The court agrees.
The Bradley Objectors also question whether the ASO Class Period should go back further
in time. They argue they should get the benefit of the 2012 filing date in Cerven, et al. v. BCBS-
NC, No. 2:12-cv-04169, as the starting point of their class period. (See Docs. # 2812-19 at 91-96;
2845 at 3-10). As an initial matter, it is worth noting that Self-Funded Accounts only became
involved in this MDL in July 2019 (Doc. # 2610 ¶ 31), yet their claims get the benefit of a class
period going back to September 2015.24
But in any event, and even more fundamentally, the Bradley Objectors misconstrue the
Cerven complaint. The proposed damages class in the Cerven complaint was:
All persons or entities who, from February 7, 2008 to the present (the “Class
Period”) have paid health insurance premiums to BCBS-NC for individual or small
group full-service commercial health insurance.
(Cerven Doc. # 1 ¶ 21 (emphasis added)). The Cerven complaint mentions ASOs but only in the
context of distinguishing them from the proposed class and explaining that “fully-insured health
insurance products and ASO products are only substitutes for those consumers able to self-
insure[.]” (Id. ¶ 129). Accordingly, as the Cerven complaint makes clear, “it is appropriate to
consider the individual and small group health insurance product market as distinct from the large
group health insurance product market” because of, among other things, “the prevalence of ASOs
in each market.” (Id. ¶ 131).
24 Of course, this further illustrates that Feinberg mediated what was plainly a hard-fought series of
negotiations.
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The Cerven complaint plainly did not contemplate ASOs being part of that case or the
relevant class.25 “[T]he critical issue in Rule 15(c) determinations is whether the original complaint
gave notice to the defendant of the claim now being asserted.” Davenport v. United States, 217
F.3d 1341, 1345 n.8 (11th Cir. 2000). The Cerven complaint simply gave no notice to Defendants
whatsoever that they would have to defend against alleged misconduct in the ASO market. So,
ASOs cannot get the benefit of the Cerven filing date. See Cliff v. Payco Gen. Am. Credits, Inc.,
363 F.3d 1113, 1131 (11th Cir. 2004).
The Bradley Objectors argue there is a further asymmetry in the allocation. They question
how the settlement proponents can allow relation-back of damages claims for large insured groups,
but not ASOs, despite the Cerven proposed damages class being limited to individual or small
group insurance. Of course, the answer lies in Cerven’s proposed injunction class:
All persons or entities in the United States of America who are currently insured
by any health insurance plan that is currently a party to a license agreement with
BCBSA that restricts the ability of that health insurance plan to do business outside
of any geographically defined area.
(Cerven Doc. # 1 ¶ 20 (emphasis added)). The Cerven injunction class includes all entities,
regardless of their size, who are “insured by any health insurance plan.” (Id.). Those who are Self-
Funded are just that—self-funded. That is, they did not buy insurance from the Blues. Therefore,
under a fair reading of the Cerven Complaint, ASOs are excluded from both the proposed damages
and the injunction classes.
For all of these reasons, the objection that the Self-Funded Class period should go back to
2008 is OVERRULED.
25 Nor did the ASOs themselves—not a single Self-Funded Account sought to file suit during the eight years
between the Cerven complaint and the settlement.
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F.
Whether the QNA Definition is too narrow or the requirements to obtain a
Second Blue Bid are unreasonable
Under the proposed Settlement, Self-Funded Accounts that are determined to be Qualified
National Accounts and are headquartered in an area with a single Blue licensee are entitled to
request a Second Blue Bid. (Doc. # 2610-2 ¶ 15). QNAs are identified by listing the self-funded
single-employer entities with at least 5,000 employees that have the highest Dispersion
Percentages or are located in areas with two Blue licensees, until the number of Members covered
by those entities reaches 33 million. This is 31% of Members of all Self-Funded Accounts,
regardless of carrier. (Id. ¶ 1(u), (z), (cccc), (ffff)). The composition of the QNA list is not fixed
immutably, but is subject to review and modification every two years.
General Motors challenges the Second Blue Bid criteria, arguing that the criteria are
“arbitrary” and “treat[ ] class members differently (by allowing only a minority of them to solicit
a Second Blue Bid).” (Doc. # 2874 at 2). Three other groups of Objectors complain that the QNA
definition is limited to “employers,” and thereby unfairly excludes certain multi-employer plans
(here, “Taft-Hartley plans”) and church groups, which collectively buy ASO contracts. These
objections miss the mark.
Rule 23(e)(2)(D) provides that one of the elements to consider in determining whether a
proposed settlement is “fair, reasonable, and adequate” is whether, taken together and evaluated
in its entirety, “the proposal treats class members equitably relative to each other.” Rule 23(e)(2)
& (D) (emphasis added). “Higher allocations to certain parties” need only be “based rationally on
legitimate considerations.” Pedraza v. United Guar. Corp., 2001 WL 37071199, *7 (S.D. Ga. June
22, 2001). In the Eleventh Circuit, “there is no rule that settlements benefit all class members
equally” so long as any differences are “rationally based on legitimate considerations.” Holmes v.
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Continental Can, 706 F.2d 1144, 1148 (11th Cir. 1983) (citing Kincade v. General Tire & Rubber
Co., 635 F.2d 501, 506 n. 5 (5th Cir. 1981)).
First, these Objectors overlook the context of the settlement, in particular the effect of the
elimination of the NBE Rule. The NBE Rule previously placed limits on the business a Blue Plan
could do under its non-Blue brands. By eliminating the NBE rule, accounts are now potentially
able to receive bids from every Blue Plan in the country—i.e., a Blue-branded bid from the local
Blue Plan, and unconstrained Green bids from any other Plan. Moreover, some employers are
already headquartered in areas with more than one Blue licensee and so while they may be
excluded from receiving a Second Blue Bid under the Settlement, they are already eligible to
receive two Blue bids, which meaningfully differentiates them from employers in areas with a
single licensee. The Second Blue Bid relief appropriately reflects this difference.
It is also important to note that the Settlement Agreement is a compromise. This portion of
it was designed to direct the Second Blue Bid relief to truly national, dispersed employers that
have the fewest insurance options when (or if) they choose to contract with a single insurer for
national coverage (e.g., United, Cigna, Aetna, or a Blue Plan). In contrast, less dispersed (i.e., more
regional) accounts typically have the same national options, plus numerous regional carrier options
(e.g., Kaiser Permanente, PacificSource, SelectHealth, and Tufts Health Plan). (Doc. # 2813 at
27).
An employer’s Dispersion Percentage is the percentage of its employees located outside
the Blue service area containing the employer’s headquarters, and is determined by Dun &
Bradstreet, a neutral, third-party source. (Doc. # 2610-2 ¶ 1(w)). Prioritizing the employers with
the highest Dispersion Percentages for Second Blue Bid relief directly targets employers with a
significant portion of their employees in multiple Blue Plans’ service areas, for whom regional
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carriers may not be realistic options, and who therefore will benefit most from a Second Blue Bid.
(Doc. # 2813 at 28). The Second Blue Bid criteria reflect the different competitive circumstances
for these accounts and recognize both the relative strength of accounts’ claims and which accounts
are most likely to benefit from the relief. These considerations are rational and legitimate.
Moreover, the QNA definition is reasonably limited to employers, excluding Taft Hartley
Plans and other multi-employer plans. The exclusion of these multi-employer plans is equitable
because these groups have options to purchase insurance as single employers from state and
regional insurers, a choice not typically available to QNAs as defined by the parties’ Agreement.
These multi-employer plans have already increased their bargaining power by aggregating their
insurance purchases. Each of these employers could comfortably buy health care coverage in its
own name and within its own, more competitive market than the market available to QNAs. Each
of these considerations, which the parties plainly considered in “drawing lines,” are rational and
legitimate.
Accordingly, the objections asserting that the QNA definition is too narrow or that the
requirements to obtain a Second Blue Bid are unreasonable are OVERRULED.
G.
Whether the Local Best Efforts Rule should be left intact
In 1994, the Association and the Blues adopted the Local Best Efforts Rule. (Docs. # 2063
at 17-18; 1349-15 at 20-21; 1349-16 at 7). Under the original Blues’ LBE, at least 80% of a Plan’s
annual health revenue from within its designated service area must be derived from services
offered under the Blue Marks. (Id.). The LBE applies only to health revenue “attributable to health
care plans and related services and hospital services . . . offered within the designated Service
Area.” (Docs. 2063 at 17-18; 1350-10 at 4).
Certain objectors have expressed concern regarding the fact that the LBE was left in place
“unchanged.” (See Doc. # 2812-19 at 34-35 (“The settlement agreement leaves unchanged the
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Local Best Efforts rules.”)). First, the objectors are incorrect in asserting that the LBE is
“unchanged.” To the contrary, the Settlement Agreement provides that compliance with the LBE
going forward will be measured at the state level instead of the service area level. (Doc. # 2610-2
at 31, ¶ 11). Second, even keeping the LBE in place in that modified form, the elimination of NBE
has now set the stage for each Blue Plan to have the unfettered ability to use Green marks to
compete with other Blues outside of its ESA. The only limit left in place relates to how much
Green business a Blue can do within its own state (i.e., in competition with its own Blue business).
Objectors assume, without pointing to any evidence that, absent LBE, a Blue Plan would
offer “Green competitive bids” to national accounts in their own service areas (i.e., they would
compete against themselves with Green business). (Doc. # 2812-19 at 34). However, this
assumption simply ignores the convincing evidence presented by the Blues’ expert, Dr. Kevin M.
Murphy, the George J. Stigler Distinguished Service Professor of Economics in the Booth School
of Business and the Department of Economics at the University of Chicago. (Doc. # 2565-49 at
8). According to Dr. Murphy, as an economic matter, profit-maximizing firms do not compete
with themselves. (Id. at 100). Moreover, under LBE, all Blues remain free to offer a competitive
Green bid in every other Blue Plan’s service area.
The court notes that Subscribers took extensive discovery and conducted substantial expert
analysis on the LBE rule. After doing so, they negotiated the changes noted above. In its current
form, the LBE allows virtually unlimited Green competition by any Blue Plan that is a competitor
or potential competitor. The court concludes that, post-settlement, the LBE rule is reasonably
tailored to encourage investment in the Blue Marks in each Blue Plan’s local market. This is
actually pro-competitive because that approach will inure to the benefit of the customer.
Therefore, the objection regarding keeping LBE in place is OVERRULED.
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H.
Whether Tribal-related entities should be part of the Settlement
The Prairie Island Indian Community filed an objection on behalf of three health care plans:
(1) Prairie Island Indian Community Self-Funded Group Medical Benefits Plan for Community
Members and their Eligible Dependents; (2) Treasure Island Resort & Casino Exclusive Health
Care Plan; and (3) Treasure Island Resort & Casino Preferred Provider Organization Health Care
Plan. (Doc. # 2812-20 at 84-86). Prairie Island argues that the Settlement and related
communications are unclear about whether these plans are within the Self-Funded Damages Sub-
Class or are excluded as a Government Account. (Id.).
Under the Settlement Agreement, “Government Accounts” are excluded from the
Settlement Damages Class.
hh. “Government Account” means only a state, a county, a municipality, an
unincorporated association performing municipal functions, a Native American
tribe, or the federal government (including the Federal Employee Program). A
Government Account includes all Members of the Government Account. No other
entity that is not a state, county, municipality, unincorporated association
performing municipal functions, Native American tribe or the federal government
is a Government Account, unless it is required by law to provide any health care
coverage it makes available to Members only under, or as a participant in, a
Commercial Health Benefit Product approved, selected, procured, sponsored or
purchased by a Government Account. Entities that are not Government Accounts
(e.g., utility companies, school districts, government-funded hospitals, public
retiree benefit plans, public libraries, port authorities, transportation authorities,
waste disposal districts, police departments, fire departments) will receive notice
and an opportunity to submit a claim form to the extent they are otherwise within
the definition of the Damages Class.
(Doc. # 2610-2 at 12-13, & 1(hh)).
At the Fairness Hearing, Subscribers’ Counsel explained that they:
negotiated with the Blues to ensure that government-like entities are treated like the
government and that if they are not, if they’re truly operating on their own and only
quasi-governmental and purchasing insurance on their own, not under the mandate
of a government entity, then they are participants in the class and would have gotten
notice and could submit a claim.
(Doc. # 2865 at 271). Blues’ Counsel further explained that,
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Prairie Island Indian Community, doing business as Treasure Island Resorts and
Casinos, is included in the class and should have received notice and they should
file a claim if they have one.
(Id. at 277). Moreover, despite Prairie Island’s confusion about whether the Casino Plans were part
of the Self-Funded Sub-Class, it was the only one of five hundred seventy-four Tribes to file such
an objection.
The court is satisfied that the Settlement Agreement is clear enough that 573 of 574 Indian
Tribes recognized that commercial entities related to Indian tribes are not considered to be
Government Accounts, but the Tribe itself is within the definition of Government Account. (Doc.
# 2610-2 at 12-13, & 1(hh)). Moreover, those entities would have received Notice under the
Settlement.
Accordingly, Prairie Island Indian Community’s objection is OVERRULED.
I.
Whether Attorney Fees are Too High
Fifteen objectors have expressed their opinion that the attorneys’ fees sought by
Subscribers’ Counsel are too high.26 (Docs. # 2812-19; 2812-20; 2812-21; 2812-22). One such
objector, David Behanna, presented argument on his objection at the Fairness Hearing. Behanna
made the following arguments: (1) Subscribers’ counsel’s fees should be limited to the lodestar27
because the Sherman Act is a fee shifting statute, and (2) this is not a common fund case. (Doc. #
2812 at 104-117). The court disagrees.
26 None of these objections specifically take issue with reimbursement of counsels’ expenses.
27 Under the lodestar method, a district court determines the number of hours worked by plaintiffs’ counsel,
multiplies those hours by a reasonable hourly rate, and then adjusts the final amount upward or downward based on
various factors. Camden I Condo. Ass’n v. Dunkle, 946 F.2d 768, 772 (11th Cir. 1991).
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1.
The Subscriber Settlement Created a Common Fund
“It is well established that when a representative party has created a ‘common fund’ for or
has conferred a ‘substantial benefit’ upon an identifiable class, its counsel is entitled to attorneys’
fees based upon the benefit obtained.” Dorado v. Bank of Am., N.A., 2017 WL 5241042, at *7
(S.D. Fla. Mar. 24, 2017). To be sure, the Supreme Court in Boeing Co. v. Van Gemert, 444 U.S.
472 (1980) has made clear that a “lawyer who recovers a common fund for the benefit of persons
other than ... his client is entitled to a reasonable attorney’s fee from the fund as a whole.” Boeing,
444 U.S. at 478; see Amorin v. Taishan Gypsum Co., Ltd., 2021 WL 2349920, at *3 (11th Cir.
June 9, 2021) (“[I]n complex litigation, courts have broad managerial power that includes
significant discretion in awarding fees”); see also Camden I Condominium Ass’n, 946 F.2d at 774
(establishing rule in Eleventh Circuit that percentage-of-fund approach rather than lodestar would
apply in common fund cases); In re Domestic Air Transp. Antitrust Litig., 148 F.R.D. 297, 325
(N.D. Ga. 1993) (awarding attorneys’ fees as a percentage of a common fund in a Sherman Act
case). Here, the Subscriber Settlement produced a substantial monetary award and significant
injunctive relief for the class. More specifically, the Settlement created a common fund of
$2,670,000,000. It also provides transformative, pro-competitive injunctive relief that will benefit
the members of the Subscriber Class.
“[C]ommon benefit fees—grounded in the courts’ equity power—need not satisfy rigid
eligibility requirements.” Amorin, 2021 WL 2349920, at *3 (citing In re Air Crash Disaster at Fla.
Everglades on Dec. 29, 1972, 549 F.2d 1006, 1019 (5th Cir. 1977)). “[T]he key distinction between
common-fund and fee-shifting cases is whether the attorney’s fees are paid by the client (as in
common-fund cases) or by the party (as in fee-shifting cases).” Id. (citing In re Home Depot Inc.,
931 F.3d at 1089). “[T]he ‘broad grant of authority’ awarded to trial courts when consolidating
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cases [such as in an MDL] necessarily includes the ability to compensate appointed counsel that
carry ‘significant duties and responsibilities.’” Id. (citing Fla. Everglades, 549 F.2d at 1013-14,
1016). Here, Subscribers’ Counsel seek attorneys’ fees from the $2,670,000,000 common fund
they negotiated for the Class, without regard to the value of the injunctive relief they also secured.
An objector in In re Equifax made a similar argument to the one advanced here. That
objector argued that the court should apply the lodestar method rather than the percentage method
because there is a statutory fee-shifting provision. 999 F.3d at 1279. However, as the district court
noted in considering that argument, “[t]he Supreme Court has never categorically prohibited the
percentage method in common fund cases.” Id. The Eleventh Circuit agreed, holding that
“[w]ithout a categorical prohibition on the percentage method in common fund settlement cases,
Camden I and the percentage method remain the law in this Circuit.”28 Id. at 1280. Through their
efforts in resolving this case, Subscribers’ Counsel created a common fund. That is an unassailable
fact. Therefore, a percentage fee is appropriate.
2.
The Appropriate Percentage Fee Award
“[A]ttorneys’ fees awarded from a common fund shall be based upon a reasonable
percentage of the fund established for the benefit of the class.” Camden I, 946 F.2d at 774. The fee
sought by Subscribers’ Counsel, 23.47%29 of the Common Fund, is at or below the percentage fee
28 Recently, in Muransky v. Godiva Chocolatier, Inc., a panel of the Eleventh Circuit specified that “[t]he
common-fund doctrine applies to class settlements that result in a common fund even when class counsel could have
pursued attorney’s fees under a fee-shifting statute.” 922 F.3d 1175, 1195 (11th Cir. 2019) (citing Staton v. Boeing
Co., 327 F.3d 938, 968-69 (9th Cir. 2003); Florin v. Nationsbank of Ga., 34 F.3d 560, 563 (7th Cir. 1994)). Although
the Muransky decision was later vacated, 939 F.3d 1278 (11th Cir. 2019), and the matter was reheard en banc, 979
F.3d 917 (11th Cir. 2020), the full court found that the representative plaintiff lacked standing to pursue the class
claims and, therefore, did not evaluate the fairness of the settlement. See Muransky, 979 F.3d at 921. “Because the en
banc court [in Muransky] did not reach the attorneys’ fees issue, the [c]ourt finds the vacated panel decision on this
point, and the cases to which it cites, to be persuasive, albeit not binding authority.” Kuhr v. Mayo Clinic Jacksonville,
2021 WL 1207878, at *11, n.13 (M.D. Fla. Mar. 30, 2021). Moreover, these cases are consistent with the Eleventh
Circuit’s pronouncement that the percentage method should be employed in common fund cases.
29 The requested fees and expenses together amount to 25% of the common fund. However, once the
$40,916,627 in requested expenses is deducted, the requested fees amount to approximately 23.47% of the fund.
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typically awarded in similar cases. The “benchmark range” in this Circuit is 20% to 30% of the
common fund. In re Home Depot Inc., 931 F.3d at 1076. In fact, numerous decisions have found
that a 30% fee is well within the range of a customary fee. See, e.g., Cty. of Monmouth New Jersey
v. Fla. Cancer Specialists, P.L., 2020 WL 11272691, at *2 (M.D. Fla. Mar. 17, 2020) (approving
award of 30% of the settlement fund in Sherman Act case); Wave Lengths Hair Salons of Fla., Inc.
v. CBL & Assocs. Properties, Inc. 2019 WL 13037028, *14 (M.D. Fla. Aug. 22, 2019) (approving
a 30% fee); In re Terazosin Hydrochloride Antitrust Litig., 2005 WL 8181045, at *5 (S.D. Fla.
Apr. 20, 2005) (awarding 33-1/3% of the gross Settlement Fund in Sherman Act case); In re
Managed Care Litig. Class Plaintiffs v. Aetna, 2003 WL 22850070 (S.D. Fla. Oct. 24, 2003)
(awarding a 35.5% fee). The court therefore finds that the requested attorneys’ fee award of
23.47% of the Common Fund is well within the reasonable range, particularly given the fact the
claimed fees do not account for the value of the substantial injunctive relief also secured by the
Settlement.
Because the requested fee -- even when including expenses -- does not exceed 25%, the
court need not consider the factors set out in Johnson v. Georgia Highway Express, Inc., 488 F.2d
714, 717-19 (5th Cir. 1974),30 to determine the reasonableness of the requested fees. Faught v. Am.
Home Shield Corp., 668 F.3d 1233, 1242 (11th Cir. 2011) (“Where the requested fee exceeds 25%,
the court is instructed to apply the twelve Johnson factors.”). Nevertheless, even if those factors
were applied here, that process confirms the requested fee is reasonable.
The Johnson factors include:
(1) the time and labor required; (2) the novelty and difficulty of the questions
involved; (3) the skill requisite to perform the legal service properly; (4) the
preclusion of other employment by the attorney due to acceptance of the case; (5)
the customary fee; (6) whether the fee is fixed or contingent; (7) time limitations
imposed by the client or the circumstances; (8) the amount involved and the results
30 Johnson was abrogated on other grounds by Blanchard v. Bergeron, 489 U.S. 87, 109 (1989).
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obtained; (9) the experience, reputation, and ability of the attorneys; (10) the
‘undesirability’ of the case; (11) the nature and the length of the professional
relationship with the client; and (12) awards in similar cases.
Camden I, 946 F.2d at 772 n.3. The court evaluates these factors below.
(a)
The Settlement has resulted in significant, historic injunctive relief for the
class in addition to a substantial monetary award;
(b)
This case required an immense amount of time and labor by Subscribers’
Counsel (Doc. # 2733 at 13-33), and is a private enforcement action that challenges practices long
overlooked by public agencies;
(c)
This case presented a plethora of difficult factual issues, and navigating
these thorny questions required substantial discovery and pretrial litigation, including the
production of millions of pages of documents, the taking of dozens of depositions, and the
prosecution and defense of scores of motions;
(d)
This case raised novel and complex legal questions, and unlike other
historic antitrust actions, is a private-enforcement action that did not follow on a government
investigation;
(e)
Subscribers’ Counsel are among the nation’s most experienced and able
litigators in the antitrust arena, and they conducted the litigation and worked adeptly to achieve
the Settlement with skill, zeal, and expertise;
(f)
For many of the Subscriber firms, both large and small, the significant
commitment of time and resources that were required to litigate this case undoubtedly precluded
them from tackling other cases and/or other work. Through August 15, 2020, Subscribers’ Counsel
had already devoted 434,054.6 hours to litigating the complex factual and contested legal questions
presented in the Subscriber Actions. Using historic blended billing rates, this work resulted in a
lodestar of $194,226,321.65. These figures do not include the substantial additional time (9,205.2
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hours as of May 28, 2021) spent mediating and finalizing the Settlement Agreement after that date;
drafting the preliminary approval papers; and preparing for and attending the day-long preliminary
approval hearing. Since May 2021, several thousand additional hours have been spent acquiring
data from Defendants for notice and claims administration, working with the notice and claims
administrator to provide notice to over 100 million class members, answering calls and emails
from thousands of class members once notice was disseminated, and preparing for the final
approval hearing. (Doc. # 2273-2 at 411-42).
(g)
The fee in this case was contingent on obtaining class relief, and
Subscribers’ Counsel invested their own money in fronting the expenses in this litigation, all in
the face of significant risk that they would recover nothing and lose millions and millions of
dollars;
(h)
Given the enormous commitments of time and resources, as well as the
significant risk entailed in developing and litigating this MDL, few attorneys would have been
willing to take on this litigation;
(i)
The $2.67 billion Settlement Fund that Subscribers’ Counsel negotiated in
this case may represent the largest antitrust class action settlement on record (Docs. # 2733-3;
2733-4), and, even more significantly, it is accompanied by historic structural relief which rarely
arises out of private enforcement actions;
(j)
The amount of attorneys’ fees awarded and costs and expenses to be paid
from the Settlement Fund are fair, adequate, and reasonable, and consistent with awards in
similarly complex cases;
(k)
Use of the lodestar cross-check is not required in this Circuit. In re Home
Depot, 931 F.3d at 1091 n.25; Waters v. Int’l Precious Metals Corp., 190 F.3d 1291, 1298 (11th
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Cir. 1999) (“[W]hile we have decided in this circuit that a lodestar calculation is not proper in
common fund cases, we may refer to that figure for comparison.”); Wilson v. Everbank, 2016 WL
457011, at *19 (S.D. Fla. Feb. 3, 2016) (“‘Under Camden I, courts in this Circuit regularly award
fees based on a percentage of the recovery without discussing lodestar at all.’” (quoting In re
Checking Account Overdraft Litig., 830 F. Supp. 2d 1330, 1363 (S.D. Fla. 2011)). Nonetheless, as
the expert testimony presented in support of the Fee Motion confirms, a lodestar multiplier of 3.23
that the percentage fee award represents would be fully consistent with the multipliers that courts
have found reasonable in similarly complex mega-fund cases. See, e.g., Ingram v. The Coca-Cola
Co., 200 F.R.D. 685, 696 (N.D. Ga. 2001) (noting that courts have approved lodestar multipliers
greater than five); Cox v. Cmty. Loans of Am., Inc., 2016 WL 9130979, at *3 (M.D. Ga. Oct. 6,
2016) (noting that lodestar multipliers “in large and complicated class actions range from 2.26 to
4.5 while three appears to be the average[.]”). Moreover, the underlying hours used for the lodestar
calculation do not include the substantial additional time spent mediating and finalizing the
Settlement.
Therefore, the objections asserting that Attorney Fees are too high are OVERRULED.
J.
Whether the Settlement Monetary Relief is Too Low
Several individual objectors argue (or at least could be construed as arguing) that the $2.67
billion Settlement Fund is inadequate. Rule 23(e)(2)(C) requires a court to assess the adequacy of
relief and, in doing so, to consider “(i) the costs, risks, and delay of trial and appeal; (ii) the
effectiveness of any proposed method of distributing relief to the class, including the method of
processing class-member claims; (iii) the terms of any proposed award of attorney’s fees, including
timing of payment; and (iv) any agreement required to be identified under Rule 23(e)(3).”
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The monetary relief provided for in this Settlement falls easily within the range of
recoveries deemed reasonable by courts, and represents one of the largest monetary recoveries
ever achieved in an antitrust class action settlement. (Docs. # 2733-3 ¶ 63; 2733-4 ¶ 17; 2610-12
¶ 33). The court previously evaluated each of the Rule 23(e)(2)(C) factors above. (Supra § III(B)).
Moreover, there is no indication that the Blues would have paid more. The court is well aware of
the intensity, length, and tenacity of the parties’ negotiations in this matter. This was not just hard-
fought litigation, but this matter truly involved collision-course negotiations overseen by an able
neutral mediator. Contrary to the objections, the significant monetary relief achieved by the
Settlement actually favors final approval.
Accordingly, the objection that the Settlement Monetary Relief is too low is
OVERRULED.
K.
Whether the Self-Funded Sub-Class Counsel had a Conflict
Objector Hutsler argues that a conflict of interest between Subscriber Class Counsel and
the Self-Funded Sub-Class has resulted in a settlement agreement that allocates an insufficient
portion of the Net Settlement Fund to the Self-Funded Sub-Class. (Doc. # 2812-21 at 61). That
argument misses the mark for two reasons. First, the court has already addressed the
reasonableness of the allocation. (Supra §§ II(E), III(B)(1), III(B)(4)). Second, Hutsler’s argument
is premised on a misunderstanding of the timing and procedural history of the mediation process
that occurred in this case.
During their negotiations in July 2019, while mediation was ongoing, Subscriber Plaintiffs
and the Blues recognized the need for a sub-class of Self-Funded Accounts and their employees.
Subscriber Plaintiffs thereafter coordinated the recruitment of separate class counsel for that sub-
class and a class representative. (Doc. # 2610-6 ¶ 31). Subscriber Plaintiffs approached Warren
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Burns of Burns Charest LLP to inquire about serving as counsel for a sub-class of Self-Funded
Accounts and their employees. Burns agreed, and was retained by Hibbett Sports, Inc., an
Alabama-based, publicly-traded retailer of sporting goods that is a Self-Funded Account. Burns
became settlement counsel to the putative Self-Funded Sub-Class, with Hibbett as the Self-Funded
Sub-Class Representative. (Id.). The potential split of the Net Settlement Fund between fully
insured and self-funded claimants was not a condition of Burns’s retention, and a split was never
discussed before Burns was engaged. (Id.).
Self-Funded Sub-Class Counsel asked for and received access to the voluminous discovery
record in the litigation, along with relevant briefing on class certification and summary judgment.
In turn, they engaged independent experts to analyze possible damages claims on behalf of the
Self-Funded Sub-Class. In September 2019, Self-Funded Sub-Class Counsel began attending
mediation sessions. Over the next several months, the parties worked to develop a written
settlement agreement. This process involved numerous additional conferences and intense
negotiations between the parties, including the Self-Funded Sub-Class. (Id. ¶ 32).
Following those negotiations with the Blues, Subscriber Plaintiffs and Self-Funded Sub-
Class Counsel engaged Feinberg as an Allocation Mediator to facilitate the determination of an
appropriate allocation. The economic reasonableness of the agreed-upon allocation was thereafter
examined and confirmed by Dr. Mason, an experienced antitrust economist. (Doc. # 2825-1).
Because the Self-Funded Sub-Class was separately represented by competent counsel,
there was expert review of the settlement allocation, the negotiations and agreement about the
allocation were in good faith, and the allocation is reasonable given the unique circumstances of
this litigation, the objection that Sub-Class Counsel had a conflict is OVERRULED.
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L.
The Department of Labor’s ERISA Concerns
The Department of Labor (“DOL”) has not objected to the proposed Subscriber Settlement,
nor has it actually opposed the Settlement. Rather, the DOL has expressed concerns about the
Settlement to both the Settlement Proponents and the court. The DOL issued a letter to the
Settlement Proponents, and filed a Statement of Interest with the court. Additionally, at its request,
the court allowed the DOL to present argument regarding its concerns at the Fairness Hearing.
(Docs. # 2863; 2866).
At the Fairness Hearing, it became clear that the DOL was concerned with various
hypothetical questions about whether this settlement affects any duties employers or plan
fiduciaries might have under the Employee Retirement Income Security Act of 1974 (ERISA), 29
U.S.C. § 1001 et. seq. (Doc. # 2866). However, as the Settlement Proponents have made clear, (1)
ERISA plan rights are not affected by the Settlement and, further, (2) the Settlement Agreement
does not release any claims that an ERISA plan may have against an employer. (Id. at 23, 26, 38).
To be clear, all ERISA duties still apply, all ERISA fiduciaries must comply with those duties, and
this Settlement does nothing to change or alter ERISA rights. To the extent an ERISA plan does
not approve of what an employer does with Settlement proceeds, the plan’s right to sue the
employer under ERISA is wholly unaffected by this Settlement. (Id. at 23).
The DOL expressed concern that Class-member ERISA plans appear to be inadequately
represented in the proposed Settlement. However, several Class Representatives are both
employers (plan sponsors) and their plans’ named fiduciaries–e.g., CB Roofing; Consumer
Financial Education Foundation of America, Inc.; Gaston CPA; Pete Moore Chevrolet; Pettus
Plumbing; and Hibbett Sports, Inc. The Class Representatives also include employees who were
participants covered by their employer-sponsored ERISA plans. The employer Class
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Representatives understand that they have obligations under ERISA, and that nothing in the
Settlement relieves them of those obligations.
The DOL also expressed concern that the proposed Settlement does not address the
possibility of double recovery. That is incorrect. The claims process relies on data based on each
claimant and each health benefit plan or ASO contract. If more than one claimant attempts to make
a claim pointing to the same data (for the same payments on the same policy or ASO contract),
that will automatically be flagged by JND as a conflict for resolution. The potential conflict will
be readily apparent, making it easy for JND to identify and for JND (or the Settlement
Administrator) to resolve, avoiding any risk of double recovery. The Settlement Administrator
would decide any claims by ERISA plans and employers over the same payments for the same
policy or ASO contract.
The DOL expressed another concern about whether the proposed plan of distribution may
result in violations of ERISA’s trust requirements. However, ERISA recognizes an employer’s
dual status as both plan sponsor and as plan administrator as permissible (see 29 U.S.C. §
1108(c)(3)). Therefore, this concern is not really a concern about the terms of the Settlement, but
rather a concern that an employer sponsor may breach its duties under ERISA by participating in
the Settlement. Again, nothing in the Settlement relieves plan fiduciaries of their ERISA
obligations.
The DOL also raised its concern that, in some circumstances, the proposed settlement’s
release of claims (plan assets) may also involve prohibited transactions for which an exemption is
required. However, as the Third Circuit recently explained, the Supreme Court’s decision in
Lockheed Corp. v. Spink, 517 U.S. 882, 893 (1996), identified the “common thread” to each
prohibited transaction in § 406(a)(1) as being “a special risk to the plan from a transaction
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presumably not at arm’s length.” Sweda v. Univ. of Pennsylvania, 923 F.3d 320, 338 (3d Cir.
2019). Here, the Settlement was most certainly reached at arm’s length, and thus does not contain
the “common thread” of a prohibited transaction.
The DOL also questioned whether prohibited transactions are likely to occur under the
Settlement, which do not appear to be covered by Prohibited Transaction Exemption (“PTE”)
2003-39. First, even if the Settlement were covered by § 406(a)(1), it would satisfy the exemption
from the prohibition set forth in DOL’s PTE 2003-39: there is a genuine controversy involving the
plans; any fiduciary approving the Settlement is independent of the Settling Defendants; the
Settlement is the result of arm’s length negotiations and is reasonable; the Settlement is not
designed to benefit the Settling Defendants (and in fact requires them to make significant monetary
contributions and structural changes to the benefit of the Settlement Classes); the terms of the
Settlement are contained in a written settlement agreement; and no commissions are being paid in
connection with the Settlement. See PTE 2003-39, § II(a)-(j); 68 Fed. Reg. at 75635. Moreover,
the absence of any conflict of interest and the court’s extensive review and approval of the
Settlement should eliminate any concerns regarding conflicts.
The DOL asks whether the proposed Settlement’s release is overbroad. However, there is
no blanket release of ERISA claims. Indeed, the Settlement and release make clear that ERISA
claims unrelated to the issues raised in this litigation are not released. To be sure, the parties added
language that expressly excludes ERISA and related benefit claims from the Settlement’s releases.
See Doc. 2610-2 at & 1(uuu).
Finally, the DOL expressed concern that the proposed Settlement does not take into
consideration the Secretary’s guidance on allocating distributions from insurers to plans, employer
sponsors, and plan participants. However, these funds are not plan assets at the time of their
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distribution. The DOL’s real concern appears to be with what an employer may do with settlement
proceeds after distribution of the Settlement Fund. The simple answer is that employers and ERISA
plans are responsible for complying with applicable ERISA and DOL guidance, and nothing in the
Settlement or the Plan of Distribution relieves them of those obligations.
For the foregoing reasons, the DOL’s objections are OVERRULED.
M.
Shiyang Huang’s Objection
Shiyang Huang is neither a lawyer nor a professional objector. However, in In re Equifax,
he objected to the settlement, and argued that Plaintiffs lacked Article III standing to bring their
claims. In re Equifax, 999 F.3d at 1261. The court rejected Huang’s contentions. Id. at 1261-64.
Here, Huang argues that the court cannot approve the Subscribers’ Settlement because the
court lacks Article III subject-matter jurisdiction to provide injunctive relief for those class
members without a “real” or “immediate” risk of future harm. (Doc # 2833). Huang’s objections
fail for two reasons: (1) ironically, he lacks standing to assert them and (2) his objections are
without merit.
Huang timely opted out of the Subscribers’ Settlement damages class (Doc. # 2812-6) and
never filed a timely objection to the Settlement. (Doc. # 2812-1 at 163-171). One who opts out of
a class settlement lacks standing to object to a settlement. Aboltin v. Jeunesse LLC, 2019 WL
1092789, at *2 (M.D. Fla. Feb. 15, 2019); see also Jones v. United Healthcare Servs., Inc., 2016
WL 8738256, at *4 (S.D. Fla. Sept. 22, 2016) (noting that a “successful opt-out” like Huang
“cannot also file an objection to the Settlement.”); see also Zamora v. Lyft, Inc., 2018 WL 5819511,
at *1 (N.D. Cal. Nov. 6, 2018) (noting that a class member “cannot both object and opt out under
the terms of the settlement”). “[I]t is well established that class members may either object or opt
out, but they cannot do both.” Carter v. Forjas Taurus S.A., 2016 WL 3982489, at *13 (S.D. Fla.
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July 22, 2016) (quoting Newberg on Class Actions § 13.23 (5th ed.) (“Class members who opt out
of the class . . . are no longer considered class members, and hence Rule 23 does not give them
standing to object to the settlement.”)).
But, even putting aside that defect, Huang’s arguments are off the mark. As this court has
already held, “Subscriber Plaintiffs easily satisfy the necessary elements of standing.” In re Blue
Cross Blue Shield Antitrust Litig., 2020 WL 8256366, at *8 (N.D. Ala. Nov. 30, 2020). Here, the
purpose of the injunctive relief sought pursuant to the Settlement is to remedy ongoing, actual
harm.
Therefore, Huang’s objection is OVERRULED.
N.
Overruling of Objections
The court hereby OVERRULES all remaining objections to the Settlement Agreement
and finally APPROVES the Settlement Agreement in all respects, and FINDS that the Settlement
Agreement is fair, reasonable, and adequate, and is in the best interest of the Class Members.
V.
Conclusion
“Public policy strongly favors the pretrial settlement of class action lawsuits.” Swaney,
2020 WL 3064945, at *3 (quoting In re U.S. Oil & Gas Litig., 967 F.2d at 493). Having carefully
considered the Motion for Final Approval of Proposed Class Settlement Agreement, the Settlement
Agreement, the Proposed Plan of Distribution and Proposed Notice Plan, the Objections, all
briefing and argument thereon, as well as all matters of record, the court finds that the proposed
Settlement Agreement is sufficiently fair, reasonable, and adequate to be approved.
For all these reasons, Subscriber Plaintiffs’ Motion for Final Approval of Class Settlement
and Appointment of Settlement Administrator. (Doc. # 2812) is GRANTED.
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APPROVAL OF THE SETTLEMENT AGREEMENT
It is further ORDERED as follows:
1.
Having reviewed and considered the Settlement Agreement, all papers filed and
proceedings held in connection with the Settlement, all oral and written comments and objections
received regarding the Settlement, and the record in the Action, and for the reasons set forth in
detail above, the court APPROVES the Settlement Agreement under Rule 23(e)(2). Pursuant to
the Settlement Agreement, Settling Defendants have agreed to pay $2.67 billion to create the
Settlement Fund, which will be disbursed to Authorized Claimants of the Damages Class, used to
pay Notice and Administration Costs, and for any Fee and Expense Award. The Settlement
Agreement also provides significant injunctive relief for the benefit of the Settlement Classes.
2.
This court CONCLUDES it has subject matter jurisdiction over this Action and
personal jurisdiction over the parties and the members of the Settlement Classes described below.
3.
This Final Order and Judgment incorporates as if set forth verbatim herein the
following documents: (a) the Settlement Agreement; (b) the Notice Plan and Claim Form, which
were each approved on November 30, 2020; (c) the Supplemental Notice to Self-Funded Accounts,
which was approved on February 4, 2022; and (d) the Plan of Distribution, which was preliminarily
approved on November 30, 2020.
Certification of the Settlement Classes
4.
Pursuant to Rule 23(a) and 23(b) of the Federal Rules of Civil Procedure, and based
on the record before the court, including the submissions in support of the Settlement and
objections and responses thereto, the court hereby affirms its forecast in the Preliminary Approval
Order and CERTIFIES the following Settlement Classes for settlement purposes only:
Damages Class: All Individual Members (excluding dependents and
beneficiaries), Insured Groups (including employees, but excluding non-employee
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Members), and Self-Funded Accounts (including employees, but excluding non-
employee Members) that purchased, were covered by, or were enrolled in a Blue-
Branded Commercial Health Benefit Product (unless the person or entity’s only
Blue-Branded Commercial Health Benefit Product during the Settlement Class
Period was a stand-alone vision or dental product) sold, underwritten, insured,
administered, or issued by any Settling Individual Blue Plan from February 7, 2008
through October 16, 2020 (in the case of all Damages Class members other than
the Self-Funded Sub-Class, for whom the Class Period is September 1, 2015
through October 16, 2020).
Self-Funded Sub-Class: All Self-Funded Accounts (including employees, but
excluding non-employee Members) that purchased, were covered by, or were
enrolled in a Blue-Branded Commercial Health Benefit Product (unless the person
or entity’s only Blue-Branded Commercial Health Benefit Product during the
Settlement Class Period was a stand-alone vision or dental product) sold,
underwritten, insured, administered, or issued by any Settling Individual Blue Plan
from September 1, 2015 through October 16, 2020.
Injunctive Relief Class: All Individual Members, Insured Groups, Self-Funded
Accounts, and Members that purchased, were covered by, or were enrolled in a
Blue-Branded Commercial Health Benefit Product sold, underwritten, insured,
administered, or issued by any Settling Individual Blue Plan during the Settlement
Class Period (February 7, 2008 through October 16, 2020, except for Self-Funded
Accounts for whom the Settlement Class Period is September 1, 2015 through
October 16, 2020).
5.
Excluded from the Damages Class and the Self-Funded Sub-Class are Government
Accounts, Medicare Accounts of any kind, Settling Defendants themselves, and any parent or
subsidiary of any Settling Defendant (and their covered or enrolled employees). Also excluded
from the Damages Class and the Self-Funded Sub-Class are Opt-Outs, the judge presiding over
this matter, and any members of his judicial staff, to the extent such staff were covered by a
Commercial Health Benefit Product not purchased by a Government Account during the
Settlement Class Period.
6.
For purposes of the Damages Class and the Self-Funded Sub-Class, the term
“employee” means any current or former employee, officer, director, partner, or proprietor of
an entity.
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7.
The court FINDS that the requirements of Rule 23(a) and 23(b) of the Federal Rules
of Civil Procedure are satisfied solely for settlement purposes. In particular, the court determines
that:
a.
Pursuant to Rule 23(a)(l), the Settlement Class members are so numerous
that their joinder before the court would be impracticable.
b.
Pursuant to Rule 23(a)(2), there are one or more questions of fact or law
common to the Settlement Classes.
c.
Pursuant to Rule 23(a)(3), Subscriber Plaintiffs’ claims are typical of the
claims of the Settlement Classes.
d.
Pursuant to Rule 23(a)(4), the Class Representatives have fairly and
adequately protected the interests of the Settlement Classes. Class Representatives are certified as
class representatives on behalf of their Settlement Classes; and the Self-Funded Sub-Class
Representative is certified as class representative on behalf of the Self-Funded Sub-Class.
e.
Pursuant to Rule 23(b)(2), the Settling Defendants have acted and refused
to act on grounds that apply generally to the Injunctive Relief Class, so that final injunctive relief
is appropriate respecting the class as a whole.
f.
Pursuant to Rule 23(b)(3), common questions of law and fact predominate
over questions affecting only individual members.
g.
Also pursuant to Rule 23(b)(3), a class action is superior to other available
methods for the fair and efficient adjudication of this Action.
Class Counsel and Class Representatives
8.
Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the court
APPOINTS Hausfeld, LLP and Boies Schiller Flexner, LLP as Settlement Class Counsel for the
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Settlement Classes and Burns Charest, LLP as Self-Funded Sub-Class Settlement Counsel for the
Self-Funded Sub-Class.
9.
The court also APPOINTS the following individuals and entities as class
representatives:
a.
For the Settlement Classes: Galactic Funk Touring, Inc.; American Electric
Motor Services, Inc.; CB Roofing, LLC; Pearce, Bevill, Leesburg, Moore, P.C.; Pettus Plumbing
& Piping, Inc.; Consumer Financial Education Foundation of America, Inc.; Fort McClellan Credit
Union; Rolison Trucking Co., LLC; Conrad Watson Air Conditioning, Inc.; Linda Mills; Frank
Curtis; Jennifer Ray Davidson; Pete Moore Chevrolet, Inc.; Jewelers Trade Shop; Saccoccio &
Lopez; Angel Foster (fka Angel Vardas); Monika Bhuta; Michael E. Stark; G&S Trailer Repair
Inc.; Chelsea L. Horner; Montis, Inc.; Renee E. Allie; John G. Thompson; Avantgarde Aviation,
Inc.; Hess, Hess & Daniel, P.C.; Betsy Jane Belzer; Bartlett, Inc., d/b/a Energy Savers; Matthew
Allan Boyd; Gaston CPA Firm; Rochelle and Brian McGill; Sadler Electric; Jeffrey S. Garner;
Amy MacRae; Vaughan Pools, Inc.; Casa Blanca, LLC; Jennifer D. Childress; Clint Johnston;
Janeen Goodin; Marla S. Sharp; Erik Barstow; GC/AAA Fences, Inc.; Keith O. Cerven; Teresa M.
Cerven; Sirocco, Inc.; Kathryn Scheller; Iron Gate Technology, Inc.; Nancy Thomas; Pioneer
Farm Equipment, Inc.; Scott A. Morris; Tony Forsythe; Joel Jameson; Ross Hill; Angie Hill; Kevin
Bradberry; Christy Bradberry; Tom Aschenbrenner; Juanita Aschenbrenner; Free State Growers,
Inc.; Tom A. Goodman; Jason Goodman; Comet Capital, LLC; Barr, Sternberg, Moss, Lawrence,
Silver & Munson, P.C.; Mark Krieger; Deborah Piercy; and Lisa Tomazzoli.
b.
For the Self-Funded Sub-Class: Hibbett Sports, Inc.
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Notice
10.
The court finds that the notice provisions of the Class Action Fairness Act, 28
U.S.C. § 1715, have been satisfied.
11.
The court also finds that the dissemination of Notice and Supplemental Notice: (a)
was implemented in accordance with the Notice Plan Approval Order; (b) constituted the best
notice practicable under the circumstances; (c) constituted notice that was reasonably calculated,
under the circumstances, to apprise the Settlement Classes of (i) the pendency of the Action; (ii)
the effect of the Settlement Agreement (including the releases to be provided thereunder); (iii)
Class Counsel’s motion for an award of attorneys’ fees and reimbursement of expenses; (iv) the
right to object to any aspect of the Settlement, the Plan of Distribution, and/or Class Counsel’s
motion for attorneys’ fees and reimbursement of expenses; (v) the right to opt out of the Damages
Class opt out of divisible injunctive relief; and (vi) the right to appear at the Fairness Hearing; (d)
constitutes due, adequate, and sufficient notice to all persons and entities entitled to receive notice
of the Settlement; and (e) satisfies the requirements of Rule 23 of the Federal Rules of Civil
Procedure and the United States Constitution (including the Due Process Clause).
Final Approval of the Settlement Agreement
12.
Pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, the court hereby
GRANTS final approval of the Settlement Agreement in all respects (including, without
limitation: the Settlement Fund amount; the releases; the Injunctive Relief; and the dismissal with
prejudice of the claims asserted against Settling Defendants in the Action), and finds that the
Settlement Agreement is, in all respects, fair, reasonable, and adequate to the Settlement Classes.
In reaching this conclusion, the court has considered the factors set forth in Rule 23(e) as well as
the factors set forth in Bennett, 737 F.2d at 986. Moreover, the court CONCLUDES that:
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a.
the Settlement Agreement was fairly and honestly negotiated by counsel
with significant experience litigating class actions and is the result of vigorous arm’s-length
negotiations undertaken in good faith and with the assistance of mediators who are experienced
and well-regarded mediators of complex cases;
b.
the Action involves contested issues of law and fact, such that the value of
an immediate monetary recovery, in conjunction with the significant other relief provided pursuant
to the Settlement Agreement (including but not limited to the relief described as “Class Injunctive
Relief” in Paragraphs 10-21 of the Settlement Agreement), outweighs the mere possibility of any
additional future relief after protracted and expensive litigation;
c.
success in antitrust cases such as this one is inherently uncertain, and there
is no guarantee that continued litigation would yield a superior result (particularly given the costs,
risks, and delay of trial and appeal); and
d.
there is a substantial basis for Settlement Class Counsel and Self-Funded
Sub-Class Settlement Counsel’s judgment that the Settlement Agreement is fair, reasonable and
adequate.
13.
The court FINDS the proposed method of distributing relief to the Settlement
Classes is adequate, including the method of processing Damages Class member claims.
14.
The court FINDS the Settlement treats Class Members equitably relative to each
other when considering the differences in their claims.
15.
The court further GRANTS final approval to the Plan of Distribution, which was
preliminarily approved by the court on November 30, 2020. The Plan of Distribution was
developed and recommended by experienced class counsel with the support of expert economic
analysis. The Plan of Distribution represents an efficient and equitable means of distributing the
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Net Settlement Fund to the Damages Class in a timely fashion, without overly burdening
claimants, and treats members of the Damages Class equitably relative to each other. In particular,
the court FINDS that the allocation of the Net Settlement Fund among different types of claimants
is appropriate, and FURTHER FINDS that the Plan of Distribution’s use of default contribution
percentages to calculate employer-employee allocation of premiums paired with an alternative
option for claimants who believe they are entitled to more than the default option is reasonable
based on the factors identified in the Plan. The Plan of Distribution’s methodology strikes a
reasonable balance between precision and efficiency.
Releases
16.
Except as to any claim of those Rule 23(b)(3) Opt-Outs identified in Document #
2928 who have validly and timely requested exclusion from the Damages Class and the divisible
Second Blue Bid relief, the Action and all claims contained therein, as well as all of the Released
Claims against any of the Releasees by Releasors, are each hereby DISMISSED WITH
PREJUDICE.
17.
The Opt-Outs identified in Document # 2928 are EXCLUDED from the Damages
Class and the divisible Second Blue Bid relief pursuant to properly made exclusion requests. They
may not make any claim on or receive any benefit from or under (a) the Settlement Fund, whether
monetary or otherwise, or (b) any benefit under Paragraph C(15), the Second Blue Bid portion of
the injunctive relief. Nonetheless, the identified Opt-Outs may not pursue any claims released
under the Settlement Agreement regarding indivisible relief on behalf of those who are bound by
this Final Judgment. For purposes of clarity, if a Self-Funded Account that opted out meets the
criteria to request a Second Blue Bid under the terms of the Settlement Agreement, that Self-
Funded Account does not release any claims for declaratory or injunctive relief to request a Second
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Blue Bid during any time it meets the criteria to request such a bid under the terms of the Settlement
Agreement. All other claims for indivisible declaratory or injunctive relief released under the
Settlement Agreement are released. Each Settlement Class Member not appearing in Document #
2928 is BOUND BY THIS FINAL JUDGMENT AND WILL REMAIN FOREVER BOUND.
18.
The releases set forth in Paragraphs 32 and 33 of the Settlement Agreement,
together with the Definitions contained in Paragraph 1 of the Settlement Agreement relating
thereto, are EXPRESSLY INCORPORATED herein in all respects. The releases are effective as
of the Effective Date.
19.
Upon the Effective Date, the Releasors: (a) SHALL be deemed to have, and by
operation of the Final Judgment and Order of Dismissal SHALL have, fully, finally, and forever
released, relinquished, and discharged (i) all Released Claims against any and all of the Releasees,
and (ii) any rights to the protections afforded under California Civil Code §1542 and/or any other
similar, comparable, or equivalent laws; and (b) covenant not to sue any Releasee with respect to
any Released Claim, and are permanently barred and enjoined from commencing, maintaining,
prosecuting, causing, cooperating with, advising to be commenced or maintained, or encouraging
any action, suit, proceeding, or claim in any court, tribunal, administrative agency, regulatory
body, arbitrator, or other body in any jurisdiction against any Releasee based in whole or in part
upon, arising out of, or in any way connected or related to any Released Claim.
20.
This Final Order and Judgment SHALL NOT affect, in any way, the right of
Releasors to pursue claims, if any, outside the scope of the Released Claims.
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Monitoring Committee
21.
The court RESERVES the issue of the makeup of the Monitoring Committee
established in the Settlement. The court will appoint the members of the Monitoring Committee
by separate order.
Standard of Review
22.
The court FINDS that its April 5, 2018 Memorandum Opinion Regarding Section
1 Standard of Review and Single Entity Defense (Doc. # 2063) and the accompanying Order (Doc.
# 2064) only apply to the then-in-effect accumulation of restraints actually addressed in the
Memorandum Opinion and Order.
Further Matters
23.
Nothing in the Settlement Agreement, this Final Order and Judgment, or any and
all negotiations, documents, or discussions associated with them, or any proceedings undertaken
in accordance with the terms of the Settlement Agreement constitutes (i) an admission or
concession by any of the Settling Defendants (or evidence thereof) in any action or proceeding,
(ii) evidence of any violation of any statute or law or of any liability or wrongdoing whatsoever
by any Settling Defendant, or (iii) evidence of the truth or validity of any of the claims or
allegations contained in any complaint or any other pleading that Class Representatives or Class
Members have or could have asserted against Settling Defendants, including without limitation
that Settling Defendants have engaged in any conduct or practice that violates any antitrust statute,
or other law, regulation, or obligation. Settling Defendants expressly deny any wrongdoing or
liability whatsoever for any and all such claims and allegations.
24.
Without affecting the finality of this Final Order and Judgment in any way, this
court hereby RETAINS continuing jurisdiction over: (a) implementation of the Settlement
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Agreement and any award or distribution of the Settlement Fund, including interest earned thereon;
(b) disposition of the Settlement Fund; and (c) all Parties hereto for the purpose of construing,
enforcing, and administering the terms of the Settlement Agreement consistent with those terms.
Settling Defendants and each Settlement Class Member have submitted to the exclusive
jurisdiction of this court for any suit, action, proceeding, or dispute arising out of or relating to the
Settlement Agreement or the applicability of the Settlement Agreement (except those arising under
Paragraphs 17 and 20 during the Monitoring Period, which are subject to binding arbitration as
further described in those Paragraphs) to resolve any disputes or controversies, including but not
limited to enforcement regarding Released Claims and Paragraphs 32 and 33 of the Settlement
Agreement. Settling Defendants and Settlement Class Members have agreed that, in the event of
such dispute, they are and shall be subject to the jurisdiction of this court and that this court is a
proper venue and convenient forum.
25.
In the event that (a) the Settlement Agreement is rescinded or terminated, (b) the
Settlement Agreement does not become effective in accordance with the terms of the Settlement
Agreement, (c) the Effective Date does not occur, or (d) the Net Settlement Fund, or any portion
thereof, is returned to Settling Defendants in accordance with the Settlement Agreement, then this
Final Order and Judgment shall be rendered null and void to the extent provided by and in
accordance with the Settlement Agreement and shall be vacated, and, in such event, all orders
entered and releases delivered in connection herewith shall be null and void to the extent provided
by and in accordance with the Settlement Agreement.
26.
In the event the Settlement Agreement does not become final, or is otherwise
rescinded or terminated, litigation of the Subscriber Actions against Settling Defendants will
resume in a reasonable manner to be approved by the court upon application by the Parties, and
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any and all parts of the Settlement Fund caused to be deposited in the Escrow Account (other than
Notice and Administration Costs reasonably and actually incurred), along with any income accrued
thereon, shall be returned to the entities that paid such amounts into the Escrow Account, in
proportion to their respective contributions, within ten (10) calendar days of rescission,
termination, or the court’s final determination denying final approval of the Agreement and/or any
of the Settlement Classes, whichever occurs first.
27.
The Parties expressly reserve all of their rights if this Agreement is rescinded or
does not otherwise become final.
28.
If the Effective Date does not occur with respect to the Settlement Agreement
because of the failure of a condition of the Settlement Agreement, the court’s assessment of class
certification of the Settlement Classes SHALL be deemed null and void and the Parties shall retain
their rights to seek or to object to certification of this litigation as a class action under Rule 23 of
the Federal Rules of Civil Procedure or under any other state or federal rule, statute, law, or
provision thereof, and to contest and appeal any grant or denial of certification in this litigation or
in any other litigation on any other grounds.
29.
The Parties are DIRECTED to implement the Settlement Agreement in accordance
with its terms once the Settlement Agreement becomes final. Without further order of the court,
the Parties may agree to reasonable extensions of time to carry out any of the provisions of the
Settlement Agreement.
Dismissal of the Subscriber Actions
30.
The Subscriber Actions are hereby DISMISSED WITH PREJUDICE and, except
as provided for in the Settlement Agreement and any order of this court granting fee, expense, or
service awards as contemplated under the Settlement Agreement, without costs. As set out in
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Paragraph 16, any dismissal with prejudice shall not apply to unreleased claims of the Opt-Outs
identified in Document # 2928.
31.
There is no just reason for delay in the entry of this Final Order and Judgment. The
dismissed Subscriber Actions are severable from all remaining Provider Actions and immediate
entry of this Final Order and Judgment by the Clerk of the Court is expressly directed.
APPOINTMENT OF SETTLEMENT ADMINISTRATOR
In addition to moving for final approval of the Class Settlement, Subscriber Plaintiffs have
moved the court to appoint the Honorable Irma E. Gonzalez (Ret.) as the Settlement Administrator.
(Doc. # 2812). The Motion (Doc. # 2812) in this regard is GRANTED.
The Honorable Irma E. Gonzalez (Ret.) is APPOINTED as the Settlement Administrator,
with responsibility limited to assisting in the “implementation of the Plan of Distribution and the
resolution of any disputes between Settlement Class Members and the Claims Administrator
pursuant to the Plan of Distribution, as set forth in the Settlement Agreement.” (Doc. # 2610-2 ¶
1(iiii)). The Settlement Administrator’s fees, as well as all other costs and expenses reasonably
incurred and associated with notice and administration, will be paid directly from the Notice and
Administration Fund Settlement upon written authorization by Class Counsel, Self-Funded Sub-
Class Settlement Counsel, and a designated representative of the Settling Defendants, and such
authorization shall not be unreasonably withheld. (Doc. # 2610-2 ¶¶ 26(a), 29).
DONE and ORDERED this August 9, 2022.
_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
}
IN RE: BLUE CROSS BLUE SHIELD
}
Master File No.: 2:13-CV-20000-RDP
}
ANTITRUST LITIGATION
}
(MDL NO.: 2406)
}
}
ORDER AWARDING SUBSCRIBER PLAINTIFFS’ COUNSEL
ATTORNEYS’ FEES AND EXPENSES
This matter is before the court on Subscriber Counsel’s Motion for Approval of Their
Attorneys’ Fees and Expenses Application. (Doc. # 2733). In the Motion, Subscriber Counsel seek
an order: (1) awarding attorneys’ fees in the amount of $626,583,372.10, and (2) awarding
reimbursement of costs and expenses in the amount of $40,916,627.90.
In accordance with the accompanying Order and Judgment Granting Final Approval of
Class Action Settlement and Appointing Settlement Administrator, Subscriber Counsel’s Motion
for Approval of Their Attorneys’ Fees and Expenses Application (Doc. # 2733) is GRANTED. It
is ORDERED as follows:
1.
This Order incorporates by reference the definitions in the Settlement Agreement
dated October 16, 2020 (Doc. # 2610-2) (the “Settlement Agreement”) and all capitalized terms
not otherwise defined herein shall have the same meanings as set forth in the Settlement
Agreement.
2.
The court has jurisdiction to enter this Order, over the subject matter of the
Subscriber Actions, and over all parties to the Subscriber Actions, including all Settlement Class
Members.
FILED
2022 Aug-09 PM 12:21
U.S. DISTRICT COURT
N.D. OF ALABAMA
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3.
Notice of Subscriber Counsel’s request for an award of attorneys’ fees and of costs
and expenses was provided to all Settlement Class Members who could be identified with
reasonable effort. The form and method of notifying the Settlement Class of the request for an
award of attorneys’ fees and expenses satisfied the requirements of Rule 23 of the Federal Rules
of Civil Procedure, due process, and all other applicable law and rules, constituted the best notice
practicable under the circumstances, and constituted due and sufficient notice to all persons and
entities entitled thereto.
4.
Subscriber Counsel are hereby AWARDED attorneys’ fees in the amount of
$626,583,372.10, representing 23.47% of the Settlement Fund. The court FINDS this amount to
be fair and reasonable. Subscriber Counsel are FURTHER AWARDED $40,916,627.90 in
payment of litigation costs and expenses to be paid from the Settlement Fund, which sum the court
finds to be fair, adequately documented, reasonable, and necessary to the representation of the
Settlement Class.1
5.
In making this award of attorneys’ fees to be paid from the Settlement Fund, the
court has applied the percentage of the fund method mandated by the Eleventh Circuit. Camden I
Condominium Ass’n, Inc. v. Dunkle, 946 F.2d 768, 774 (11th. Cir. 1991). The court has found that
the attorneys’ fee award, which represents less than 23.5 percent of the $2.67 billion Settlement
Fund that has been created for the benefit of the Subscriber Class, falls within the lower half of the
“benchmark range” of 20% to 30% established in this Circuit. In re Home Depot Inc., 931 F.3d
1065, 1076 (11th Cir. 2019). Moreover, although not required to do so, the court has cross-checked
the fee by examining the factors that the Eleventh Circuit has directed courts to consider when
1 In accordance with the terms of the Settlement Agreement, approved Subscribers Counsel may apply for
up to $7 million from the Notice and Administration Fund to “reimburse plaintiffs’ counsel’s actual and reasonable
fees and expenses incurred for Notice and Administration.” Settlement ¶ 28(h). These costs and expenses will be
reimbursed from the Notice and Administration Fund, not the common fund generated for the Class.
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evaluating a fee award. Faught v. American Home Shield Corp., 668 F.3d 1233, 1242-43 (11th
Cir. 2011). Such a cross-check shows that the award is fully supported by those factors:
(a)
The Settlement has resulted in a substantial monetary award and in
significant injunctive relief for the class;
(i)
The Settlement has created a common fund of $2,670,000,000 in
cash that is to be paid within 30 calendar days of the Effective Date of the Settlement pursuant to
the terms of the Settlement Agreement, distributed to authorized claimants in accordance with the
Plan of Distribution that has been approved by this court, and which will benefit the members of
the Subscribers Class; and
(ii)
The Settlement also provides historic, transformative, pro-
competitive injunctive and equitable relief that will greatly benefit the members of the Subscribers
Class;
(b)
The case presented a myriad of difficult factual issues, requiring substantial
discovery to resolve, including the production of millions of pages of documents and the taking of
scores of depositions;
(c)
The case raised novel and complex legal questions;
(d)
Through August 15, 2020, Subscribers Counsel had already devoted
434,054.6 hours to litigating the complex factual and contested legal questions presented in the
Subscriber Actions, which had resulted in a lodestar of $194,226,321.65;
(e)
Subscriber Counsel are among the most experienced litigators in the
country, and they conducted the litigation and worked to achieve the Settlement with skill, zeal,
and expertise;
(f)
The fee in this case was contingent upon obtaining relief for the Class, and
there was a significant risk that Subscriber Counsel would recover nothing;
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(g)
Given the enormous commitments of time and resources, as well as the
significant risk entailed in developing and litigating this case, few attorneys would have been
willing to take it on;
(h)
This private enforcement action required a substantial commitment of time,
personnel, and other resources to this case effectively precluded Subscriber Counsel from other
employment;
(i)
The amount of attorneys’ fees awarded and of costs and expenses to be paid
from the Settlement Fund are fair and reasonable and consistent with awards in similarly complex
cases; and
(j)
Although the use of the lodestar cross-check is not required in this Circuit,
In re Home Depot, 931 F.3d at 1091 n.25, the court nevertheless undertook that analysis. As the
expert testimony presented in support of the Fee Motion confirms, the lodestar multiplier of 3.23
that the award represents would be fully consistent with the multipliers that courts have found
reasonable in similarly complex mega-fund cases.
6.
In making this $40,916,627.90 award of litigation costs and expenses to be paid
from the Settlement Fund, the court has considered and found that:
(a)
The recovery of costs and expenses is authorized by the Settlement
Agreement;
(b)
Those costs and expenses have been adequately documented and reviewed
by the Special Master appointed by the court; and
(c)
Those costs and expenses were both reasonable, necessary, and incurred for
the benefit of the Settlement Class.
7.
Due and adequate notice has been given to the members of the Settlement Class in
satisfaction of the requirements of Rules 23(c)(2) and 23(e)(1) of the Federal Rules of Civil
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Procedure and Constitutional Due Process, stating that Subscriber Counsel may submit a fee and
expense application seeking an award of attorneys’ fees plus reimbursement of expenses up to a
combined total of 25% of the $2.67 billion fund, i.e., $667,500,000, and the court has concluded
that no meritorious objections to the requested attorneys’ fees and expenses were raised.
8.
In early 2022, the court received Special Master Ed Gentle’s in camera Report, and
subsequent Supplement (containing the comments of impacted Counsel), making a
recommendation regarding the allocation of the common benefit recovery among Subscriber and
ASO Counsel.
a.
Special Master Gentle conducted an innovative interview process which
allowed each impacted Law Firm to describe for the Special Master what it did to advance the case
and how its services might have been unique compared to those of others.
b.
The court finds that the approach taken by the Special Master, in (1)
compiling the time, capital and expense records that provided the data for the Report, and (2)
weighting the data among the lawyers in the Report, was transparent and objective. The
objectiveness of this approach was corroborated by the overwhelming support for the Report from
impacted Counsel. As one commenter stated,
We want[] to commend the Report. It is obviously the result of careful and
thoughtful work of you and your staff. The interview process that you conducted
gave voice to the Firms that usually remain unseen in these cases, and it allowed
Leadership and your office to probe into a Firm’s accomplishments and
contributions in order to assess their contributions to the case holistically. The
Report was particularly innovative in this regard, and provides a robust record to
support the (common benefit) allocation. That is in addition to the prowess of your
accounting team that contemporaneously reviewed and audited the time and scores
of 70+ law firms from more than 8 years. The proposed allocation is buttressed by
both economic and objective support.
c.
The court concludes that the allocation recommended in the in camera
Report is fair and reasonable, and is hereby APPROVED.
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9.
The court takes notice of its previous Orders regarding protocols for Plaintiffs’
Counsel time and expense submissions. (Docs. # 80 and 163). With Subscriber and ASO
Counsel’s duties with respect to this MDL, other than with regard to implementing the Subscriber
and ASO Settlement with the Blue Cross Blue Shield Entities, being completed, the court hereby
RELIEVES Subscribers and ASOs Counsel of any further obligations under these time and
expense Orders. The court notes, however, that there will be additional time keeping by Subscriber
and ASO Counsel in connection with the Settlement itself. These submissions will be reviewed by
the Special Master and the Settlement Proponents.
10.
Any appeal or any challenge affecting this court’s approval regarding any
attorneys’ fees and expense application SHALL in no way disturb or affect the finality of the
Judgment.
11.
The court retains exclusive jurisdiction over the parties and the Settlement Class
Members for all matters relating to this Settlement, including the administration, interpretation,
effectuation or enforcement of this Order.
12.
In the event that the Settlement is terminated or the Effective Date of the Settlement
otherwise fails to occur, this Order shall be rendered null and void to the extent provided for in the
Settlement Agreement.
DONE and ORDERED this August 9, 2022.
_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE
Case 2:13-cv-20000-RDP Document 2932 Filed 08/09/22 Page 6 of 6
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