Since this appears to be a very large docket, we will only show 500 entries at at time.
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598 |
Filed: 8/12/2014, Entered: None |
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ENDORSED LETTER addressed to Judge Loretta A. Preska from Robert J. Axelrod dated 8/1/2014 re: Request to distribute funds. ENDORSEMENT: So ordered. (Signed by Judge Loretta A. Preska on 8/7/2014) (ajs) (Entered: 08/12/2014)
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Request |
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597 |
Filed: 8/1/2014, Entered: None |
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FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Disbursement of Funds Request formal approval to distribute remaining settlement funds in favor of "Joint Insurer-Provider Institute". Document filed by The American Medical Association. (Attachments: # 1 Exhibit so-ordered letter request dated 12.23.13, # 2 Exhibit Settlement Agreement, # 3 Exhibit Statement of Karen Kmetik AMA, # 4 Exhibit Affidavit of Claims Administrator)(Axelrod, Robert) Modified on 8/4/2014 (db). (Entered: 08/01/2014)
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Request |
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596 |
Filed: 1/2/2014, Entered: None |
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ENDORSED LETTER: addressed to Judge Loretta A. Preska from D. Brian Hufford dated 12/20/2013 re: We request that the Court sign below to indicate that the final distribution of remaining funds as detailed herein, is approved. Prior to contributing the remaining $500,000 to the Joint Insurer Provider Institute, we will inform the Court of the agreement between the AMA and United. We anticipate that this will be completed within two months. Please let us know if you need further information ENDORSEMENT: So Ordered. (Signed by Judge Loretta A. Preska on 12/23/2013) (js) (Entered: 01/02/2014)
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595 |
Filed: 1/28/2013, Entered: None |
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Letter addressed to Ms. Weisswasser from Lawrence M. McKenna dated 12/28/12 re: Please respond tot he letters (copies enclosed) from Colleen Wasielke, dated July 2, 2012, and Oren Root, received by me on September 20, 2012, with copies to the Court. ***Accepted for filing by Chambers as a Docket and File. (mro) (Entered: 01/28/2013)
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Request |
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594 |
Filed: 1/8/2013, Entered: None |
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ENDORSED LETTER addressed to Colleen Wasielke from Susan J. Weiswasser dated 1/3/2013 re: At the request of Judge McKenna, we are responding to your letter to His Honor dated July 2, 2012. ENDORSEMENT: The Court adopts this response to Ms. Wasielke's letter. So ordered. (Signed by Judge Lawrence M. McKenna on 1/8/2013) (ft) (Entered: 01/08/2013)
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Request |
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593 |
Filed: 11/14/2012, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna, from Tricia L. Wright, dated 11/5/2012, re: Due to my daughter's disability, I am requesting your approval to reissue payment in the amount of $140.46. ENDORSEMENT: Approved. So ordered. (Signed by Judge Lawrence M. McKenna on 11/13/2012) Copies Mailed By Chambers. (ja) (Entered: 11/14/2012)
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Request |
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592 |
Filed: 10/22/2012, Entered: None |
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ENDORSED LETTER addressed to Oren Root from Susan J. Weiswasser dated 10/16/2012 re: We received the copy of your letter to Judge McKenna dated September 18, 2012 and write in response. ENDORSEMENT: The Court adopts this response to Mr. Root's letter of 10/16/12. (Signed by Judge Lawrence M. McKenna on 10/22/2012) (lmb) (Entered: 10/22/2012)
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Request |
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591 |
Filed: 10/22/2012, Entered: None |
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ENDORSED LETTER addressed to Charles Eisenson from Susan J. Weiswasser dated 10/16/2012 re: We received the copy of your letter to Judge McKenna dated September 15, 2012 and write to address your concerns about the distribution you received from the Net Settlement Fund. ENDORSEMENT: The Court adopts this response to Mr. Eisenson's letter of 10/16/2012. (Signed by Judge Lawrence M. McKenna on 10/22/2012) (lmb) (Entered: 10/22/2012)
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Request |
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590 |
Filed: 10/22/2012, Entered: None |
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ENDORSED LETTER addressed to Arnold Komisar from Susan J. Weiswasser dated 9/6/2012 re: This firm is Lead Settlement Counsel for the Settlement Class in the above-referenced litigation. At Judge McKenna's request, we are responding to your letter to the Court regarding distribution of the Net Settlement Fund. ENDORSEMENT: The Court adopts this response to Dr. Komisar's letter. (Signed by Judge Lawrence M. McKenna on 10/22/2012) (lmb) (Entered: 10/22/2012)
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Request |
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589 |
Filed: 2/3/2012, Entered: None |
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ORDER APPROVING DISTRIBUTION OF NET SETTLEMENT FUND. IT IS HEREBY ORDERED THAT: The administrative determinations of Berdon Claims LLC ("Berdon") to accept the claims listed in Exhibits D-1, D-2, and D-3 and Schedule 1 to the Rosenbaum Affidavit and described at paragraph 16 thereof as Complete and Properly Documented Claims, including claims submitted after the filing deadline, are approved, and those claims are accepted. Berdon's administrative determinations to reject the claims listed in Exhibits E-1, E-2, E-3, F-1, F-2, and F-3 and Schedule 1 to the Rosenbaum Affidavit and described at, 16 thereof as Deficient or Ineligible Claims are approved, and those claims rejected. The Settlement Fund of $350,000,000 plus interest, less Court-approved awards, fees and expenses (the "Net Settlement Fund"), is to be distributed to the Authorized Claimants listed in Exhibits D-1, D-2, and D-3 (and summarized at Schedule 1) of the Rosenbaum Affidavit in proportion to the Recognized Losses allocable to each Authorized Claimant. Berdon is authorized to make distributions from the cash portion of the Net Settlement Fund to Authorized Claimants Exhibits D-1, D-2, and D-3 (and summarized at Schedule 1) in proportion to the Recognized Losses allocable to each Authorized Claimant. Any claims received by Berdon on or after the date of this Order are hereby barred from receiving any distribution from the Net Settlement Fund. If there is an appeal of this Order objecting to payment of accepted claims that were submitted after the date of this Order, Class Counsel will confer with the Court to determine the appropriate course of action. The payments to be distributed to Authorized Claimants shall bear the notation "VOID IF NOT CASHED WITHIN 90 DAYS OF ISSUANCE." In the event that Distribution Packets are returned as undelivered, Berdon will make a good faith effort to identify the current address and re-mail. In the event that any checks in excess of $500 are not cashed after 90 days, Berdon will contact the Authorized Claimant to determine the reason for such failure. When appropriate, Berdon will reissue the check and send an updated Distribution Packet. The Authorized Claimant will be given up to 30 days to cash the reissued check, after which it will be deemed void and subject to redistribution or donation. Such reissued checks will bear the words: "VOID AND SUBJECT TO REDISTRIBUTION OR CHARITABLE DONATION IF NOT CASHED WITHIN 30 DAYS." All such reissued checks, however, shall have a void date no later than 180 days from the date of the initial distribution. Berdon is to be paid the sum of $7,162,512.87 for outstanding fees and expenses already incurred, and those to be incurred in connection with the services performed or to be performed with respect to the administration and disbursement of the Net Settlement Fund, and as further set forth. Granting 587 Motion for Disbursement of Funds. (Signed by Judge Lawrence M. McKenna on 2/2/2012) (rjm) (Entered: 02/03/2012)
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Request |
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588 |
Filed: 1/18/2012, Entered: None |
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AFFIDAVIT of Michael Rosenbaum in Support re: 587 MOTION for Disbursement of Funds. (djc) (Entered: 01/20/2012)
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Request |
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587 |
Filed: 1/18/2012, Entered: None |
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MOTION for Order of Distribution of the proceeds of the Settlement in the above captioned action(djc) (Entered: 01/20/2012)
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Request |
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586 |
Filed: 11/7/2011, Entered: None |
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MEMORANDUM AND ORDER. The Court denies the motion of UHG and Ingenix, without prejudice to raising (or continuing to raise) the issue in In re Wellpoint, Inc. Out-Of-Network "UCR" Rates Litigation, No. 09-ml-02704-PSG (S.D. Cal.). denying 570 Motion for an Order Enforcing settlement releases and injunction against settlement class members Darryl and Valerie Samsell. (Signed by Judge Lawrence M. McKenna on 11/7/2011) (rjm) (Entered: 11/08/2011)
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Request |
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585 |
Filed: 11/1/2011, Entered: None |
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SUPPLEMENTAL REPLY in further support of Amended Motion for Order enforcing settlement releases and injunction against settlement class. Document filed by Ingenix, Inc. and UnitedHealth Group, Inc. (mro) (Entered: 11/02/2011)
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Request |
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584 |
Filed: 10/26/2011, Entered: None |
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NOTICE of Filing of Corrected Third Amended Consolidated Complaint in MDL 2074. Document filed by Darryl Samsell, Valerie Samsell. (Attachments: # 1 Exhibit A)(Hughes, Robert) (Entered: 10/26/2011)
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Request |
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583 |
Filed: 10/25/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from M. Suzzanne Chapman dated 10/20/2011 re: Enclosed is a letter I recently received from Berdon Claims Administrator, LLC regarding my son. I am sending a copy of it to you, along with my letter of reply as I think you will be interested in this development. ENDORSEMENT: In order to consider this request the court would need a copy of claim's documents submitted. Ms. Chapman is requested to supply them. (Signed by Judge Lawrence M. McKenna on 10/25/2011) (ama) (Entered: 10/25/2011)
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Request |
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582 |
Filed: 10/24/2011, Entered: None |
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REPLY MEMORANDUM OF LAW in Further Support of Amended Motion re: 570 MOTION for an Order Enforcing settlement releases and injunction against settlement class members Darryl and Valerie Samsell. Document filed by Ingenix, Inc., UnitedHealth Group Incorporated. (djc) (Entered: 10/25/2011)
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Request |
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581 |
Filed: 10/24/2011, Entered: None |
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SEALED DOCUMENT placed in vault.(nm) (Entered: 10/24/2011)
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580 |
Filed: 10/14/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Christopher R. J. Pace, Esq. dated 10/13/2011 re: Counsel for the defendants write to request an extension to file their reply in further support of their amended motion, until 10/24/2011. ENDORSEMENT: Granted. So ordered. (Replies due by 10/24/2011.) (Signed by Judge Lawrence M. McKenna on 10/14/2011) (ft) (Entered: 10/14/2011)
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Request |
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579 |
Filed: 10/6/2011, Entered: None |
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RESPONSE in Opposition re: 570 MOTION for an Order Enforcing settlement releases and injunction against settlement class members Darryl and Valerie Samsell. OBJECTION TO UNITEDHEALTH GROUP, INC. AND INGENIX, INC.S MOTION FOR ORDER ENFORCING SETTLEMENT RELEASES AND INJUNCTIONS REGARDING DARRYL AND VALERIE SAMSELL. Document filed by Darryl Samsell, Valerie Samsell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hughes, Robert) (Entered: 10/06/2011)
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Request |
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578 |
Filed: 9/13/2011, Entered: None |
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NOTICE OF APPEARANCE by Michael P. Donohue on behalf of Darryl Samsell, Valerie Samsell (Donohue, Michael) (Entered: 09/13/2011)
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Request |
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577 |
Filed: 9/13/2011, Entered: None |
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NOTICE OF APPEARANCE by Robert G. Hughes on behalf of Darryl Samsell, Valerie Samsell (Hughes, Robert) (Entered: 09/13/2011)
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Request |
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576 |
Filed: 9/7/2011, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 574 Motion for Robert G. Hughes to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 9/7/2011) (lmb) (Entered: 09/07/2011)
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Request |
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575 |
Filed: 9/7/2011, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE granting 573 Motion for Michael P. Donohue to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 9/7/2011) (lmb) (Entered: 09/07/2011)
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Request |
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574 |
Filed: 8/30/2011, Entered: None |
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MOTION for Robert G. Hughes to Appear Pro Hac Vice. Document filed by Darryl Samsell, Valerie Samsell.(pgu) (Entered: 09/07/2011)
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Request |
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573 |
Filed: 8/30/2011, Entered: None |
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MOTION for Michael P. Donohue to Appear Pro Hac Vice. Document filed by Darryl Samsell, Valerie Samsell.(pgu) (Entered: 09/07/2011)
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Request |
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572 |
Filed: 8/30/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Michael P. Donohue dated 8/29/2011 re: Counsel for the plaintiffs write to request a 30-day extension to respond to United Health Group and Ingenix's Motion. ENDORSEMENT: Granted. So ordered. (Signed by Judge Lawrence M. McKenna on 8/30/2011) (ft) (Entered: 08/31/2011)
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Request |
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571 |
Filed: 8/18/2011, Entered: None |
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MEMORANDUM OF LAW in Support re: 570 AMENDED MOTION for an Order Enforcing settlement releases and injunction against settlement class members Darryl and Valerie Samsell. Document filed by Ingenix, Inc., UnitedHealth Group Incorporated. (mro) (Entered: 08/19/2011)
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Request |
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570 |
Filed: 8/18/2011, Entered: None |
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AMENDED MOTION for an Order Enforcing settlement releases and injunction against settlement class members Darryl and Valerie Samsell. Document filed by Ingenix, Inc., UnitedHealth Group Incorporated.(mro) (Entered: 08/18/2011)
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Request |
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569 |
Filed: 8/15/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Martin C. Geagan dated 8/4/11 re: Counsel for the defendants UnitedHealth Group, Inc. and Ingenix, Inc. writes in response to the 8/2/11 letter on behalf of the Samsell plaintiffs. Defendants do not object to extending the response date to the Settlement Enforcement Motion and/or the upcoming amended settlement enforcement motion as to all parties to whom the motions are directed 30 days from the initial response date of 8/4/11 or 9/6/11. ENDORSEMENT: So ordered. Set Deadlines/Hearing as to 566 MOTION for an Order enforcing settlement releases and injunction against settlement class members Darryl Samsell, Valerie Samsell, Dr. Michael Pariser, and North Peninsula Surgical Center, L.P. (d/b/a Torrance Outpatient Surgery):( Responses due by 9/6/2011) (Signed by Judge Lawrence M. McKenna on 8/15/2011) (mro) Modified on 8/16/2011 (mro). (Entered: 08/15/2011)
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Request |
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568 |
Filed: 8/4/2011, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Robert G. Hughes dated 8/02/2011 re: We respectfully request that Your Honor consider this letter as our request for a 30-day extension of time in which to make application to this Court for admission pro hac vice and to file appropriate papers relating the Motion. ENDORSEMENT: GRANTED. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 8/04/2011) (ama) (Entered: 08/04/2011)
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Request |
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567 |
Filed: 7/21/2011, Entered: None |
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MEMORANDUM OF LAW in Support re: 566 MOTION for an Order enforcing settlement releases and injunction against settlement class members Darryl Samsell, Valerie Samsell, Dr. Michael Pariser, and North Peninsula Surgical Center, L.P. (d/b/a Torrance Outpatient Surgery). Document filed by Ingenix, Inc., UnitedHealth Group Incorporated. (Received in the night deposit box on 7/21/11 at 10:08 pm)(mro) (Entered: 07/25/2011)
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Request |
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566 |
Filed: 7/21/2011, Entered: None |
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MOTION for an Order enforcing settlement releases and injunction against settlement class members Darryl Samsell, Valerie Samsell, Dr. Michael Pariser, and North Peninsula Surgical Center, L.P. (d/b/a Torrance Outpatient Surgery). Document filed by Ingenix, Inc., UnitedHealth Group Incorporated. (Received in the night deposit box on 7/21/11 at 10:08 pm)(mro) (Entered: 07/25/2011)
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565 |
Filed: 7/21/2011, Entered: None |
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SEALED DOCUMENT placed in vault.(mps) (Entered: 07/25/2011)
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564 |
Filed: 3/28/2011, Entered: None |
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MANDATE of USCA (Certified Copy) as to (27 in 1:00-cv-07246-LMM, 541 in 1:00-cv-02800-LMM -GWG) Notice of Appeal, filed by Terry Jones, (537 in 1:00-cv-02800-LMM -GWG, 25 in 1:00-cv-07246-LMM) Notice of Appeal, filed by Charmain Schuh, (533 in 1:00-cv-02800-LMM -GWG) Notice of Appeal,,,, filed by Gleith Cozby, (536 in 1:00-cv-02800-LMM -GWG) Notice of Appeal filed by Richard Neitzel, Laura Fortman, Marc Risse, (534 in 1:00-cv-02800-LMM -GWG) Amended Notice of Appeal, filed by Brian Crouch, Steven R Lippy, RICHARD MATT, Steven Emmet, Tara Castaldo, DANIEL E ROCKER, (525 in 1:00-cv-02800-LMM -GWG) Notice of Appeal, filed by Brian Crouch, Steven R Lippy, RICHARD MATT, Steven Emmet, Tara Castaldo, DANIEL E ROCKER USCA Case Number 10-3996; 10-4807; 10-4416; 10-4669; 10-4627....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/25/2011. Filed In Associated Cases: 1:00-cv-02800-LMM -GWG, 1:00-cv-07246-LMM(nd) (Entered: 03/28/2011)
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563 |
Filed: 1/21/2011, Entered: None |
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MEMO ENDORSEMENT Re: TRANSCRIPT OF PROCEEDINGS held on 1/4/11, 10:10 a.m. before the Hon. Judge Lawrence M. McKenna. ENDORSEMENT: Pp. 29-31 so ordered. (Signed by Judge Lawrence M. McKenna on 1/21/11) (rjm) (Entered: 01/24/2011)
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562 |
Filed: 1/4/2011, Entered: None |
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ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION: Attorney Howard Jonathan Bashman for Gleith Cozby admitted Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 1/4/2011) (jfe) (Entered: 01/04/2011)
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561 |
Filed: 12/30/2010, Entered: None |
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CERTIFICATE OF SERVICE of REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION TO REQUIRE POSTING OF APPEAL BONDS PURSUANT TO F.R.A.P.7., DECLARATION of Tamar A. Weinrib in Support of Motion to require posting of Appeal Bonds pursuant to F.R.A.P.7., DECLARATION of Alisha J. Thompson, AFFIDAVIT of Staci DeLorenzo, AFFIDAVIT of Michael Rosenbaum served on Defendants on 12/20/2010. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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Request |
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560 |
Filed: 12/30/2010, Entered: None |
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AFFIDAVIT of Michael Rosenbaum. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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559 |
Filed: 12/30/2010, Entered: None |
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AFFIDAVIT of Staci DeLorenzo. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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Request |
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558 |
Filed: 12/30/2010, Entered: None |
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DECLARATION of Alisha J. Thompson. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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Request |
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557 |
Filed: 12/30/2010, Entered: None |
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DECLARATION of Tamar A. Weinrib in Support of Motion to require posting of Appeal Bonds pursuant to F.R.A.P.7. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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Request |
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556 |
Filed: 12/30/2010, Entered: None |
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REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF MOTION TO REQUIRE POSTING OF APPEAL BONDS PURSUANT TO F.R.A.P.7. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 01/03/2011)
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Request |
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555 |
Filed: 1/3/2011, Entered: None |
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CERTIFICATE OF SERVICE of Declaration of Glieth Cozby served on see attached on 01/03/2011. Service was made by MAIL. Document filed by Gleith Cozby. (Greene, Leland) (Entered: 01/03/2011)
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Request |
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554 |
Filed: 1/3/2011, Entered: None |
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DECLARATION of Gleith Cozby in Opposition re: 542 MOTION for Bond.. Document filed by Gleith Cozby. (Greene, Leland) (Entered: 01/03/2011)
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Request |
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553 |
Filed: 12/13/2010, Entered: None |
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DECLARATION of Robert K. Erlanger in Opposition re: 542 MOTION for Bond.. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. (Attachments: # 1 Exhibit 7/27/10 Objectors' Memorandum of Law)(Erlanger, Robert) (Entered: 12/13/2010)
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552 |
Filed: 12/13/2010, Entered: None |
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NOTICE OF APPEARANCE by Tamar Aliza Weinrib on behalf of The American Medical Association (Weinrib, Tamar) (Entered: 12/13/2010)
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551 |
Filed: 12/9/2010, Entered: None |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stanley M. Grossman dated 12/9/10 re: counsel for plaintiffs writes that we filed a Motion to Require Posting of Appeal Bonds pursuant to F.R.A.P. 7. Several objectors have filed papers in response to the motion, but Your Honor granted objectors Marc Risse, Laura Fortman and Richard Nietzel, represented by attorney Robert K. Erlanger, until December 13, 2010, to file responsive papers. Accordingly, we request permission to file one set of papers in reply to all objectors' papers by December 20, 2010. ENDORSEMENT: Granted. So Ordered. (Signed by Judge Lawrence M. McKenna on 12/9/10) (pl) Modified on 12/10/2010 (pl). (Entered: 12/10/2010)
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Request |
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550 |
Filed: 12/6/2010, Entered: None |
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RESPONSE to Motion to require posting of Appeal Bonds pursuant to F.R.A.P.7. Document filed by Charmain Schuh. (mbe) (Entered: 12/08/2010)
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Request |
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549 |
Filed: 12/8/2010, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 542 MOTION for Bond.. Document filed by RICHARD WALLACE, Tara Castaldo, Brian Crouch, Steven Emmet, Steven R Lippy, RICHARD MATT, DANIEL E ROCKER. (Attachments: # 1 Exhibit, # 2 Exhibit)(Turkish, Forrest) (Entered: 12/08/2010)
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Request |
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548 |
Filed: 12/7/2010, Entered: None |
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RESPONSE in Opposition re: 542 MOTION for Bond. Affidavit of Service on December 3, 2010. Document filed by Gleith Cozby. (Greene, Leland) (Entered: 12/07/2010)
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Request |
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547 |
Filed: 12/3/2010, Entered: None |
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RESPONSE in Opposition re: 542 MOTION for Bond.. Document filed by Gleith Cozby. (Greene, Leland) (Entered: 12/03/2010)
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Request |
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546 |
Filed: 12/1/2010, Entered: None |
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ENDORSED LETTER: addressed to Judge Lawrence M. McKenna from Robert K. Erlanger dated 11/30/2010 re: Counsel for objectors request that the Court allow them an additional 10 days in which to file their opposition to class counsel's motion, i.e., until Monday, December 13. ENDORSEMENT: So Ordered. (Signed by Judge Lawrence M. McKenna on 12/1/2010) (js) (Entered: 12/01/2010)
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Request |
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545 |
Filed: 11/24/2010, Entered: None |
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EMERGENCY NOTICE OF UNAVAILABILITY MEDICALLY AND PHYSICALLY UNABLE TO ATTEND DUE TO EMERGENCY EYE SURGERY, REHABILITATION. Document filed by Daniel Carpman, M.D. (mro) (Entered: 11/24/2010)
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Request |
 |
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544 |
Filed: 11/19/2010, Entered: None |
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MEMORANDUM OF LAW in Support re: 542 MOTION to require posting of Appeal Bond pursuant to F.R.A.P. 7. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 11/23/2010)
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Request |
 |
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543 |
Filed: 11/19/2010, Entered: None |
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DECLARATION of Tamar A. Weinrib. (mbe) (Entered: 11/23/2010)
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Request |
 |
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542 |
Filed: 11/19/2010, Entered: None |
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MOTION to require posting of Appeal Bond pursuant to F.R.A.P. 7. Document filed by Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, Michele S. Wilson.(mbe) (Entered: 11/23/2010)
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Request |
 |
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541 |
Filed: 11/12/2010, Entered: None |
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NOTICE OF APPEAL from (526 in 1:00-cv-02800-LMM -GWG, 22 in 1:00-cv-07246-LMM) Judgment, (528 in 1:00-cv-02800-LMM -GWG, 24 in 1:00-cv-07246-LMM) Order. Document filed by Terry Jones. Filed In Associated Cases: 1:00-cv-02800-LMM -GWG, 1:00-cv-07246-LMM(tp) (Entered: 11/19/2010)
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Request |
 |
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540 |
Filed: 11/18/2010, Entered: None |
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NOTICE of of Plaintiffs' Motion to Require Posting of Appeal Bonds Pursuant to F.R.A.P. 7. Document filed by The American Medical Association. (Bruger, Tamar) (Entered: 11/18/2010)
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Request |
 |
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539 |
Filed: 11/9/2010, Entered: None |
 |
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STIPULATION AND ORDER WITHDRAWAL OF SUSAN J. LEVY, ESQ. AS COUNSEL FOR OBJECTOR AMERICAN SURGICAL ASSISTANTS, that Susan Levy, who is presently attorney-of-record along with Ernest Wotring, Esq. in the above-captioned matter, representing American Surgical Assistants. Inc. ("ASA" hereinafter), is hereby withdrawing her notice of appearance and is also withdrawing as attorney of record for ASA. Such withdrawal is with the full consent and approval of Earnest Wotring, and Connelly Baker Wotring who has been admitted Pro Hac Vice in the above-captioned case and will be fully-representing ASA in this matter. (Signed by Judge Lawrence M. McKenna on 11/9/10) (pl) (Entered: 11/09/2010)
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Request |
 |
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538 |
Filed: 11/9/2010, Entered: None |
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Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for (537 in 1:00-cv-02800-LMM -GWG, 25 in 1:00-cv-07246-LMM) Notice of Appeal, filed by Charmain Schuh 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:00-cv-02800-LMM -GWG, 1:00-cv-07246-LMM. (tp) (Additional attachment(s) added on 11/10/2010: # 1 index) (nd). (Entered: 11/09/2010)
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Request |
 |
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537 |
Filed: 11/2/2010, Entered: None |
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NOTICE OF APPEAL from (526 in 1:00-cv-02800-LMM -GWG, 22 in 1:00-cv-07246-LMM) Judgment, (528 in 1:00-cv-02800-LMM -GWG, 24 in 1:00-cv-07246-LMM) Order. Document filed by Charmain Schuh. Filing fee $ 455.00, receipt number E 920411. Filed In Associated Cases: 1:00-cv-02800-LMM -GWG, 1:00-cv-07246-LMM(tp) (Entered: 11/09/2010)
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Request |
 |
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536 |
Filed: 11/4/2010, Entered: None |
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NOTICE OF APPEAL from 526 Judgment, 528 Order. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. Filing fee $ 455.00, receipt number E 920332. (nd) Modified on 11/5/2010 (nd). (Entered: 11/05/2010)
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Request |
 |
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535 |
Filed: 10/29/2010, Entered: None |
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NOTICE OF CHANGE OF ADDRESS. New Address: Law Office of Leland L. Greene, 1565 Franklin Avenue, Second Floor, Mineola, New York, 11501, Tel: 516-746-3800; Fax: 516-222-6577. (mro) (Entered: 11/03/2010)
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Request |
 |
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534 |
Filed: 10/29/2010, Entered: None |
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AMENDED NOTICE OF APPEAL re: 525 Notice of Appeal, 521 Order on Motion for Miscellaneous Relief, Order on Motion for Attorney Fees, 528 Order,,,. Document filed by Tara Castaldo, Brian Crouch, Steven Emmet, Steven R Lippy, RICHARD MATT, DANIEL E ROCKER, Jeffrey Sinclair, Anne Cheh-Falb, Mark Nykaza, David Mikolay, Richard Wallace. (nd) (Entered: 11/03/2010)
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Request |
 |
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533 |
Filed: 10/29/2010, Entered: None |
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NOTICE OF APPEAL from 526 Judgment. Document filed by Gleith Cozby. Filing fee $ 455.00, receipt number E 919153. Copies of Notice of Appeal mailed to Attorney(s) of Record: Wiletz, Goldman & Spitzer, P.A.; David W. Stanley, Esq.; Klari Neuwelt, Esq.; Joseph A. Tabacco, Esq.; Sills Cunnis & Gross PC; Carella, Byrne, Cecchi & Olstein; Siegel, Grill, Greupner, Duffy & Foster, P.A.; Paul M. Sod, Esq.; Jonathan B. Alper, Esq.; Weil, Gotshal, & Manges LLP; Ms. Phyllis Deets; Connelly Baker & Wotring, LLP; Susan J. Levy, Esq.; Rottenberg Lipman Rich, PC; Oderno Law Firm; Ms. Donna Corrow; Carmen S. Giordano, Esq.; Hooper, Lundy & Bookman, P.C.; Law Offices of Forrest S. Turkish; Edward F. Siegel, Esq.; Ms. Martha Frazer; George & Rita Goodwine; Tom Cox, Esq.; Myron Pavlon-Blum; Thomas A. Crosley, Esq; Ms. Charmain Schuh; John J. Pentz; Edward W. Cocchran Esq.; Ms. Philippa H. Solomon; University Of Rochester Medical Center; Mr. Samuel Juniper; Niki W. Johnson; Terry W. Jones; Don Kozich; Robert K. Erlanger, Esq.; Fortune Huff Law LLC. (nd) (Entered: 10/29/2010)
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Request |
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532 |
Filed: 10/28/2010, Entered: None |
 |
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ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Michael Kapin dated 10/22/10 re: Request for permission to file a late claim for my client, Lexington Plastic Surgeons. ENDORSEMENT: Granted. Claim to be submitted to Claims Administrator. (Signed by Judge Lawrence M. McKenna on 10/26/08) (cd) (Entered: 10/28/2010)
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Request |
 |
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531 |
Filed: 10/12/2010, Entered: None |
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UNOPPOSED MOTION for Leave to Serve Amended Proof of Claim. Document filed by Subscriber Don Kozich.(mro) (Entered: 10/15/2010)
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Request |
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530 |
Filed: 10/14/2010, Entered: None |
 |
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MEMO ENDORSEMENT on SUBSCRIBER DON KOZICH'S UNOPPOSED MOTION FOR LEAVE TO SERVE AMENDED PROOF OF CLAIM; Wherefore Kozich respectfully requests entry of an order, Granting this unopposed motion for leave to serve amended proof of claim upon receipt of claims data information from Oxford; ENDORSEMENT: So ordered. (Signed by Judge Lawrence M. McKenna on 10/14/10) (djc) (Entered: 10/14/2010)
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Request |
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529 |
Filed: 10/14/2010, Entered: None |
 |
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TRANSCRIPT of proceedings held on September 13, 2010 10:30 a.m. before Judge Lawrence M. McKenna. (ajc) (Entered: 10/14/2010)
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Request |
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528 |
Filed: 10/5/2010, Entered: None |
 |
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ORDER APPROVING SETTLEMENT CERTIFYING SETTLEMENT CLASS AND DIRECTING ENTRY OF FINAL JUDGMENT: This order is entered by this Court to certify the Class for settlement purposes in the above captioned litigation, to grant final approval of the proposed Settlement and the Plan of Allocation, to direct the entry of final judgment, and to issue an award of attorneys' fees and expenses to Class Counsel, and compensatory awards to the Class representative. The Clerk of the Court is directed to enter final judgment, in the form annexed hereto as Exhibit B, dismissing the causes of action between the parties pending before this Court with prejudice. So Ordered (Signed by Judge Lawrence M. McKenna on 10/5/2010) Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(js) (Entered: 10/06/2010)
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Request |
 |
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527 |
Filed: 10/5/2010, Entered: None |
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NOTICE of Settlement. Document filed by The American Medical Association, et al. Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(ae) (Entered: 10/06/2010)
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Request |
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526 |
Filed: 10/5/2010, Entered: None |
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JUDGMENT dismissing action against defendants with prejudice. (Signed by Judge Lawrence M. McKenna on 10/5/10) (Attachments: # 1 notice of right to appeal)Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(ml) (Entered: 10/05/2010)
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Request |
 |
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525 |
Filed: 9/30/2010, Entered: None |
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NOTICE OF APPEAL from 521 Order on Motion for Miscellaneous Relief, Order on Motion for Attorney Fees,. Document filed by Tara Castaldo, Brian Crouch, Steven Emmet, Stephen R Lippy, RICHARD MATT, DANIEL E ROCKER, Jeffrey Sinclair, Anne Cheh-Falb, Mark Nykaza, David Mikolay and RIchard Wallace. Filing fee $ 455.00, receipt number E 916497. (nd) (Entered: 10/04/2010)
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Request |
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524 |
Filed: 9/23/2010, Entered: None |
 |
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ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 523 Motion for Edward F. Siegel to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 9/23/2010) (jfe) (Entered: 09/23/2010)
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Request |
 |
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523 |
Filed: 9/21/2010, Entered: None |
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MOTION for Edward F. Siegel to Appear Pro Hac Vice. Document filed by Tara Castaldo, Brian Crouch, Steven Emmet, Steven R Lippy, RICHARD MATT, DANIEL E ROCKER.(mro) (Entered: 09/22/2010)
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Request |
 |
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522 |
Filed: 9/21/2010, Entered: None |
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MANDATE of USCA (Certified Copy) USCA Case Number 09-5012-mv-L, 10-0127-mv-(con). Petitioners, through counsel, move, pursuant to FRCP 23(f), for leave to appeal the district court's order granting Respondents' motion for class certification, and its supplemental order, inter alia, approving modifications to the class notice. Upon due consideration, it is hereby ORDERED that the petitions are DENIED because an immediate appeal is unwarranted. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/21/2010. (nd) (Entered: 09/21/2010)
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Request |
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521 |
Filed: 9/20/2010, Entered: None |
 |
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MEMO ENDORSED granting 492 Motion; granting 492 Motion for Attorney Fees. ENDORSEMENT: Motion granted. After consideration of the Grinnell factors (see City of Detroit v. Grinnell corp (495 F. 2d448, 2d Circ., 1974), the Court finds the settlement to be fair, adequate and reasonable. The Court has considered all objections and finds none persuasive. the fees and expenses and compensatory awards are reasonable in light of the complexities of the case and the result (and notes, regarding the objections of the AMA and others, that the initial objections of the Wilentz firm and others assisted the Court in better understanding the issues, and that the 5 day hearing those objections resulted in enabled the final approval hearing to be completed in less than one full day). The Court is persuaded by defendants' arguments that the settlement does not involve any violation of ERISA. Submit judgment on notice. So Ordered. (Signed by Judge Lawrence M. McKenna on 9/20/10) (cd) (Entered: 09/20/2010)
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Request |
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520 |
Filed: 9/14/2010, Entered: None |
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DECLARATION of Nicholas J. Pappas in support of Joint Motion for Final Approval of class action settlement and response at objections. Document filed by defendants. (Received in the night deposit box on 9/14/10 at 7:03pm) (mro) (Entered: 09/15/2010)
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Request |
 |
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519 |
Filed: 9/14/2010, Entered: None |
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NOTICE of Filing of Declaration of Nicholas J. Pappas, Esq. in support of Joint Motion for Final Approval of class action settlement and response to objections. Document filed by the defendants. (Received in the night deposit box on 9/14/10 at 7:03pm) (mro) (Entered: 09/15/2010)
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Request |
 |
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518 |
Filed: 9/13/2010, Entered: None |
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OBJECTORS DANIEL GREEN, M.D., NIKKI H. GIBSON AND GLEITH COZBY'S REPLY MEMORANDUM OF LAW to class plaintiffs' Response to objection and Objection to Attorney's Fees. Document filed by Daniel Green, Nikki H. Gibson, Gleith Cozby. (mro) (Entered: 09/13/2010)
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Request |
 |
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517 |
Filed: 9/13/2010, Entered: None |
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OPPOSITION to class plaintiffs' Motion for an award of attorney's fees. Document filed by class members Jeffrey Sinclair, et al. (mro) (Entered: 09/13/2010)
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Request |
 |
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516 |
Filed: 9/10/2010, Entered: None |
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NOTICE that Morse LLC, a Florida Limited Liability Corporation d/b/a Cyberknife Center of Miami and Cyberknife Center of Palm Beach LLC a Florida Limited Liability Corporation are Requesting Exclusion from the Class Settlement as Contained in the May 28, 2010 Notice of Proposed Settlement. (mro) (Entered: 09/13/2010)
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Request |
 |
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515 |
Filed: 9/10/2010, Entered: None |
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OBJECTION to class action settlement notice and Request for Attorney's Fees. Document filed by Jeffrey Sinclair, et al. (mro) (Entered: 09/13/2010)
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Request |
 |
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514 |
Filed: 9/10/2010, Entered: None |
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NOTICE of Supplemental Objection to Proposed Settlement and Attorneys Fees/Expenses. Document filed by RICHARD WALLACE, Tara Castaldo, Brian Crouch, Steven Emmet, Steven R Lippy, RICHARD MATT, DANIEL E ROCKER. (Attachments: # 1 (cover sheet for Exhibit 1), # 2 Exhibit 1 (part 1), # 3 Exhibit 1 (part 2), # 4 Exhibit 1 (part 3), # 5 (cover sheet for Exhibit 2), # 6 Exhibit 2)(Turkish, Forrest) (Entered: 09/10/2010)
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Request |
 |
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513 |
Filed: 9/10/2010, Entered: None |
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MEMORANDUM OF LAW in Opposition re: 492 MOTION For an Order granting Final Approval of the Proposed Settlement. MOTION for Attorney Fees. Partial Opposition to Motion for an Award of Attorneys' Fees, Reimbursement of Expenses and Compensatory Awards. Document filed by The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (Fensterstock, Blair) (Entered: 09/10/2010)
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Request |
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512 |
Filed: 9/9/2010, Entered: None |
 |
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LETTER addressed to Judge Lawrence M. McKenna from D. Brian Hufford dated 9/8/10 re: In resolving ASA's objection, we have confirmed that, in allocating proceeds under the Plan of Allocation, the Claims Administrator will allocate a higher percentage of the Recognized Loss to the ASA based on the fact that it had pursued litigation against United. We will give similar treatment to any other provider claimant which previously has pursued litigation to recover unpaid portions of the bills that would fall under this lawsuit. Document filed by the Settlement Class.(mro) (Entered: 09/09/2010)
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Request |
 |
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511 |
Filed: 9/7/2010, Entered: None |
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|
CORRECTED MEMORANDUM OF LAW in Support of Class Plaintiffs' Motion for Final Approval of the Proposed Settlement. Document filed by plaintiffs. (mro) (Entered: 09/08/2010)
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Request |
 |
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510 |
Filed: 9/7/2010, Entered: None |
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|
NOTICE OF APPEARANCE by Brooke Katherine Haley on behalf of The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association (Haley, Brooke) (Entered: 09/07/2010)
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Request |
 |
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509 |
Filed: 9/7/2010, Entered: None |
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|
NOTICE OF APPEARANCE by Eugene David Kublanovsky on behalf of The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(Kublanovsky, Eugene) (Entered: 09/07/2010)
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Request |
 |
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508 |
Filed: 9/7/2010, Entered: None |
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|
NOTICE OF APPEARANCE by Blair Courtney Fensterstock on behalf of The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association (Fensterstock, Blair) (Entered: 09/07/2010)
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Request |
 |
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507 |
Filed: 8/31/2010, Entered: None |
 |
|
ORDER GRANTING ADMISSION PRO HAC VICE: Joseph A. Garofolo is admitted to practice pro hac vice as counsel for Arizona Chiropractic Society in this action. (Signed by Judge Lawrence M. McKenna on 8/31/2010) (tro) (Entered: 09/01/2010)
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Request |
 |
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506 |
Filed: 8/31/2010, Entered: None |
 |
|
MEMO-ENDORSEMENT; re: granting 494 Motion for Attorney Fees. ENDORSEMENT: GRANTED. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/31/10) (pl) (Entered: 08/31/2010)
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Request |
 |
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505 |
Filed: 8/31/2010, Entered: None |
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|
OBJECTIONS to proposed class action settlement and Notice of intention to appear. Document filed by Samantha V. Rodriguez. (mro) (Entered: 08/31/2010)
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Request |
 |
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504 |
Filed: 8/31/2010, Entered: None |
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|
OBJECTIONS to the proposed class action settlement and attorneys' fees and costs, and request for a strict scrutiny review of attorneys' fees and hearing on this matter. Document filed by Theresa DiCamillo. (mro) (Entered: 08/31/2010)
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Request |
 |
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503 |
Filed: 6/24/2010, Entered: None |
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|
NOTICE TO APPEAR AND BE HEARD. Document filed by Wesley Fortune. (mro) (Entered: 08/31/2010)
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Request |
 |
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502 |
Filed: 8/30/2010, Entered: None |
 |
|
ORDER granting 497 Motion for Joseph A. Garofolo to Appear Pro Hac Vice for Arizona Chiropractic Society. (Signed by Judge Lawrence M. McKenna on 8/30/2010) (jmi) (Entered: 08/31/2010)
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Request |
 |
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501 |
Filed: 8/30/2010, Entered: None |
 |
|
ORDER FOR ADMISSION PRO HAC VICE ADMISSION granting 488 Motion for David George to Appear Pro Hac Vice for Objector American Surgical Assistants, Inc. (Signed by Judge Lawrence M. McKenna on 8/27/2010) (tro) (Entered: 08/30/2010)
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Request |
 |
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500 |
Filed: 8/27/2010, Entered: None |
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|
MEMORANDUM OF LAW in Support of Joint Motion for Final Approval of Class Action settlement and response to Objections. Document filed by American Airlines, Inc., Ingenix, Inc., United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare Services, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (mbe) (Entered: 08/27/2010)
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Request |
 |
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499 |
Filed: 8/27/2010, Entered: None |
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|
DECLARATION of Staci DeLorenzo. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 08/27/2010)
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Request |
 |
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|
Save 25% on a pre-paid one year subscription. |
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|
498 |
Filed: 8/27/2010, Entered: None |
|
|
DECLARATION of Stanley M. Grossman in Support of the Motion for final approval of the proposed settlement and class counsels' motion for an award of attorneys' fees, reimbursement of expenses and compensatory payment to individual class representative plaintiffs. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 08/27/2010)
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Request |
 |
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497 |
Filed: 8/26/2010, Entered: None |
|
|
MOTION for Joseph A. Garofolo to Appear Pro Hac Vice. Document filed by Arizona Chiropractic Society.(mro) (Entered: 08/27/2010)
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Request |
 |
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|
496 |
Filed: 8/27/2010, Entered: None |
|
|
DECLARATION of D. Brian Hufford in Support of Class plaintiffs' motion for final approval of the proposed settlement and for an award of attorneys' fees, reimbursement of Expenses and Compensatory Awards to the class plaintiffs. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 08/27/2010)
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Request |
 |
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495 |
Filed: 8/27/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 494 MOTION TO FILE OVER-LENGTH MEMORANDA OF LAW IN SUPPORT OF THEIR MOTION FOR FINAL APPROVAL OF THE PROPOSED SETTLEMENT AND IN RESPONSE TO OBJECTIONS. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (mbe) (Entered: 08/27/2010)
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Request |
 |
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494 |
Filed: 8/27/2010, Entered: None |
|
|
MOTION TO FILE OVER-LENGTH MEMORANDA OF LAW IN SUPPORT OF THEIR MOTION FOR FINAL APPROVAL OF THE PROPOSED SETTLEMENT AND IN RESPONSE TO OBJECTIONS. Document filed by Michael J. Attkiss, Matthew Crema, Theresa DiCamillo, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, Colleen Finley, David Finley, Edward F. Mitchell, Jr, Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson.(mbe) (Entered: 08/27/2010)
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Request |
 |
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493 |
Filed: 8/27/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 492 MOTION For an Order granting Final Approval of the Proposed Settlement and MOTION of Class Counsel for award of attorneys fees, reimbursement of expenses and compensatory payments to class representative plaintiffs. Document filed by class plaintiffs. (Received in the night deposit box on 8/27/10 at 12:33am) (mro) (Entered: 08/27/2010)
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Request |
 |
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492 |
Filed: 8/27/2010, Entered: None |
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|
MOTION For an Order granting Final Approval of the Proposed Settlement and MOTION of Class Counsel for award of attorneys fees, reimbursement of expenses and compensatory payments to class representative plaintiffs. (Received in the night deposit box on 8/27/10 at 12:33am)(mro) (Entered: 08/27/2010)
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Request |
 |
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|
491 |
Filed: 8/27/2010, Entered: None |
|
|
DECLARATION of Robert J. Axelrod in Response to Objections. Document filed by class plaintiffs. (Received in the night deposit box on 8/27/10 at 12:34am) (mro) Modified on 8/27/2010 (mro). (Entered: 08/27/2010)
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|
Request |
 |
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|
490 |
Filed: 8/27/2010, Entered: None |
|
|
CLASS PLAINTIFFS' RESPONSE TO OBJECTIONS. Document filed by class plaintiffs. (Received in the night deposit box on 8/27/10 at 12:34am) (mro) (Entered: 08/27/2010)
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Request |
 |
|
|
489 |
Filed: 8/25/2010, Entered: None |
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Joseph A. Garofolo, Esq. to Appear Pro Hac Vice. Document filed by Arizona Chiropractic Society. Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(Chase, Thomas) Modified on 8/26/2010 (db). (Entered: 08/25/2010)
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|
Request |
 |
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488 |
Filed: 8/24/2010, Entered: None |
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|
MOTION for David George to Appear Pro Hac Vice. Document filed by American Surgical Assistants, Inc.(mro) (Entered: 08/25/2010)
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Request |
 |
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487 |
Filed: 8/24/2010, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stanley M. Grossman dated 8/23/10 re: counsel for plaintiff respectfully suggest that any settlement class member who has objected to our request for fees and expenses as set forth in the Notice that has been issued to class members must file any answering papers to our motion for attorneys' fees and expenses by September 10, 2010. ENDORSEMENT: So Ordered. (Signed by Judge Lawrence M. McKenna on 8/24/10) (pl) (Entered: 08/24/2010)
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Request |
 |
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486 |
Filed: 8/16/2010, Entered: None |
 |
|
MEMO ENDORSEMENT ON NOTICE OF MOTION Compelling Named Plaintiffs to Consent to Production of Information and Documents Containing their Personal Health Information. ENDORSEMENT: Motion disposed of as set forth in order of even date herewith. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/16/10) (djc) Modified on 8/18/2010 (djc). (Entered: 08/17/2010)
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Request |
 |
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485 |
Filed: 8/16/2010, Entered: None |
 |
|
STIPULATION AND ORDER. On July 26, 2010, this Court issued an Order resolving the Requests for Clarification based upon a hearing on July 15, 2010, followed by a negotiated resolution among the Settling Plaintiffs, Defendants, Non-Party ASCs, CHA, Renal Advantage, and others. The Court ordered the language on Exhibit A, annexed hereto, to be posted on the website of the claims administrator, and that language now has been posted on the claims administrator's website. The July 26 Order resolved the Requests for Clarification. The Settling Plaintiffs, Defendants, Non-Party ASCs, CHA, and Renal Advantage agree that the July 26 Order renders moot the alternative conditional objections of the Non-Party ASCs, CHA, and Renal Advantage to the Settlement Agreement, dated January 14, 2-0090 as amended. In light of the July 26 Order, the Non-Party ASCs, CHA, and Renal Advantage do not object to the Settlement. (Signed by Judge Lawrence M. McKenna on 8/16/10) (djc) Modified on 8/19/2010 (djc). (Entered: 08/17/2010)
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Request |
 |
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484 |
Filed: 8/16/2010, Entered: None |
 |
|
ORDER granting 449 Motion to Compel Plaintiffs to Consent to Production of Information and Documents Containing Their Personal Health Information in the following manner as set forth herein. (Signed by Judge Lawrence M. McKenna on 8/16/10) (djc) (Entered: 08/17/2010)
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Request |
 |
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483 |
Filed: 8/10/2010, Entered: None |
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|
SETTLING PLAINTIFFS' MEMORANDUM OF LAW in Opposition to Motion for Order compelling named plaintiffs' consent to production of information and documents containing their personal health information. Document filed by Civil Service Employees Association, S. Joseph Domina, Cynthia Falk, Mary Gilmartin, Michael Grisham, New York State Unified Teachers, Peter Oborski, Toby Ann Stavisky, Paul Steinberg, Janet Stravitz, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, The New York State Police Investigators Association, The Organization of New York State Management/Confidential Employees. (Received in the night deposit box on 8/10/10 at 8:37pm) (mro) (Entered: 08/11/2010)
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Request |
 |
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482 |
Filed: 8/5/2010, Entered: None |
 |
|
ORDER granting 481 Motion for Earnest W. Wotring to Appear Pro Hac Vice. So Ordered. (Signed by Judge Lawrence M. McKenna on 8/5/2010) (js) (Entered: 08/05/2010)
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|
Request |
 |
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481 |
Filed: 8/3/2010, Entered: None |
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|
MOTION for Earnest W. Wotring to Appear Pro Hac Vice. Document filed by American Surgical Assistants, Inc.(mro) (Entered: 08/04/2010)
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Request |
 |
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|
480 |
Filed: 8/2/2010, Entered: None |
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|
Subscriber Don Kozich's Omnibus OBJECTION to untimely and incomplete Notice of Proposed Settlement of Class Action and Final Settlement Hearing, and motion for other relief. (mro) (Entered: 08/04/2010)
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|
Request |
 |
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479 |
Filed: 8/3/2010, Entered: None |
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|
NOTICE OF APPEARANCE by Susan Joan Levy on behalf of American Surgical Assistants, Inc. (mro) (Entered: 08/04/2010)
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Request |
 |
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478 |
Filed: 7/30/2010, Entered: None |
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|
LETTER from Martha Frazer re: Objection to the settlement. ***Accepted for filing by the Honorable Lawrence M. McKenna on 8/2/10.(mro) (Entered: 08/02/2010)
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|
Request |
 |
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|
477 |
Filed: 7/28/2010, Entered: None |
|
|
OBJECTION of Nikki Gibson, Gleith Cozby and Daniel Green, M.D. to the proposed settlement and Notice of Appearance. ***Accepted for filing by the Honorable Lawrence M. McKenna on 7/30/10. (mro) (Entered: 08/02/2010)
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|
Request |
 |
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|
476 |
Filed: 7/28/2010, Entered: None |
|
|
NOTICE OF APPEARANCE of Leland L. Greene on behalf of Class Members Daniel Greene, M.D., Nikki H. Gibson and Gleith Cozby. ***Accepted for filing by the Honorable Lawrence M. McKenna on 7/30/10.(mro) (Entered: 08/02/2010)
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|
Request |
 |
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475 |
Filed: 7/28/2010, Entered: None |
 |
|
ORDER TO ADMIT JOHN A. MILLS PRO HAC VICE ON WRITTEN MOTION granting 453 Motion for John A. Mills to Appear Pro Hac Vice as counsel for Downey Surgical Clinic, Inc. and Tarzana Surgery Center, Inc. (Signed by Judge Lawrence M. McKenna on 7/28/2010) (tro) (Entered: 07/30/2010)
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|
Request |
 |
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|
474 |
Filed: 7/29/2010, Entered: None |
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|
FILING ERROR -ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Limited Admission for Counsel Pro Hac Vice. Document filed by American Surgical Assistants, Inc. (Attachments: # 1 Affidavit, # 2 Exhibit A to Affidavit, # 3 Exhibit B to Affidavit)(Levy, Susan) Modified on 7/30/2010 (db). (Entered: 07/29/2010)
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|
Request |
 |
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|
473 |
Filed: 7/29/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Robert Keith Erlanger on behalf of Laura Fortman, Richard Neitzel, Marc Risse (Erlanger, Robert) (Entered: 07/29/2010)
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|
Request |
 |
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|
472 |
Filed: 7/28/2010, Entered: None |
 |
|
ORDER GRANTING PUTATIVE CLASS MEMBER WAL-MART STORES, INC.'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO OPT-OUT PURSUANT TO FRCP. 6(b) AND 23(d). 1. Counsel for Defendants and for the Settlement Class not opposing Defendants' Unopposed Motion for Enlargement of Time to Opt-Out Pursuant to FRCP 6(b) and 23(d) is GRANTED. 2. Putative Class Member Wal-Maf Stores, Inc. and its related entities shall have up to and including August 17, 2010, in which to opt-out of the class action settlement. ORDER granting 455 Motion for Extension of Time. (Signed by Judge Lawrence M. McKenna on 7/28/10) (db) (Entered: 07/28/2010)
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|
Request |
 |
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|
471 |
Filed: 7/28/2010, Entered: None |
 |
|
ORDER TO ADMIT GLENN E. SOLOMON PRO HAC VICE ON WRITTEN MOTION granting 452 Motion for Glenn E. Solomon to Appear Pro Hac Vice for Downey Surgical Clinic, Inc. (Signed by Judge Lawrence M. McKenna on 7/28/10) (cd) (Entered: 07/28/2010)
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|
Request |
 |
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|
470 |
Filed: 7/28/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 464 Notice (Other), Notice (Other). Document filed by American Surgical Assistants, Inc.. (Levy, Susan) (Entered: 07/28/2010)
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|
Request |
 |
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|
469 |
Filed: 7/28/2010, Entered: None |
|
|
DECLARATION of Robert K. Erlanger in Support re: 460 MOTION to Add Party(ies) Richard Neitzel, Marc Risse, Laura Fortman. MOTION to Intervene.. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. (Attachments: # 1 Exhibit Pocket Guide attachment)(Erlanger, Robert) (Entered: 07/28/2010)
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|
Request |
 |
|
|
468 |
Filed: 7/28/2010, Entered: None |
|
|
AFFIDAVIT OF SERVICE of Motion papers served on Lead Counsel for Settlement Class, Defense Counsel on July 27, 2010. Service was made by Mail. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. (Erlanger, Robert) (Entered: 07/28/2010)
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|
Request |
 |
|
|
467 |
Filed: 7/27/2010, Entered: None |
|
|
Objection of the Arizona Chiropractic Society to Proposed Settlement. Document filed by Arizona Chiropractic Society. (mro) (Entered: 07/28/2010)
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|
Request |
 |
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|
466 |
Filed: 7/27/2010, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Certificate of Service. Document filed by American Surgical Assistants, Inc. (Levy, Susan) Modified on 7/28/2010 (db). (Entered: 07/27/2010)
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Request |
 |
|
|
465 |
Filed: 7/27/2010, Entered: None |
|
|
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION In Support of its Objection to Distribution of Settlement Funds and Class Counsel Fees. Document filed by American Surgical Assistants, Inc. (Levy, Susan) Modified on 7/28/2010 (db). (Entered: 07/27/2010)
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|
Request |
 |
|
|
464 |
Filed: 7/27/2010, Entered: None |
|
|
NOTICE of of Intention to Appear at Final Settlement Hearing and Objection to Distribution of Settlement Funds and Class Counsel Fees. Document filed by American Surgical Assistants, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(Levy, Susan) (Entered: 07/27/2010)
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|
Request |
 |
|
|
463 |
Filed: 7/27/2010, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #473) - NOTICE OF APPEARANCE by Robert Keith Erlanger on behalf of Laura Fortman, Richard Neitzel, Marc Risse (Erlanger, Robert) Modified on 8/2/2010 (lb). (Entered: 07/27/2010)
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|
Request |
 |
|
|
462 |
Filed: 7/27/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 460 MOTION to Add Party(ies) Richard Neitzel, Marc Risse, Laura Fortman. MOTION to Intervene.. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. (Erlanger, Robert) (Entered: 07/27/2010)
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|
Request |
 |
|
|
461 |
Filed: 7/27/2010, Entered: None |
|
|
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #469) - DECLARATION of Robert K. Erlanger in Support re: 460 MOTION to Add Party(ies) Richard Neitzel, Marc Risse, Laura Fortman. MOTION to Intervene.. Document filed by Laura Fortman, Richard Neitzel, Marc Risse. (Erlanger, Robert) Modified on 8/2/2010 (lb). (Entered: 07/27/2010)
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|
Request |
 |
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|
460 |
Filed: 7/27/2010, Entered: None |
|
|
MOTION to Add Party(ies) Richard Neitzel, Marc Risse, Laura Fortman., MOTION to Intervene.( Return Date set for 9/13/2010 at 10:30 AM.) Document filed by Richard Neitzel, Marc Risse, Laura Fortman.(Erlanger, Robert) (Entered: 07/27/2010)
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|
Request |
 |
|
|
459 |
Filed: 7/27/2010, Entered: None |
|
|
NOTICE of Intention to Appear and Objections of the Arizona Chiropractic Society to Proposed Settlement. Document filed by Arizona Chiropractic Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Chase, Thomas) (Entered: 07/27/2010)
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|
Request |
 |
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|
458 |
Filed: 7/27/2010, Entered: None |
|
|
NOTICE of OBJECTIONS TO PROPOSED SETTLEMENT AND NOTICE OF INTENT TO APPEAR with PROOF OF ECF SERVICE. Document filed by Tara Castaldo, Brian Crouch, Steven R Lippy, RICHARD MATT, DANIEL E ROCKER, RICHARD WALLACE, Steven Emmet. (Attachments: # 1 Proof of Mailed Service)(Turkish, Forrest) (Entered: 07/27/2010)
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|
Request |
 |
|
|
457 |
Filed: 7/27/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Thomas Everett Chase on behalf of Arizona Chiropractic Society Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(Chase, Thomas) (Entered: 07/27/2010)
|
|
Request |
 |
|
|
456 |
Filed: 7/27/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 455 MOTION for Extension of Time to Opt-Out.. Document filed by Walmart Stores, Inc.. (Buzzetta, Daniel) (Entered: 07/27/2010)
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|
Request |
 |
|
|
455 |
Filed: 7/27/2010, Entered: None |
|
|
MOTION for Extension of Time to Opt-Out. Document filed by Walmart Stores, Inc.. (Attachments: # 1 Notice of Motion, # 2 Text of Proposed Order)(Buzzetta, Daniel) (Entered: 07/27/2010)
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|
Request |
 |
|
|
454 |
Filed: 7/27/2010, Entered: None |
|
|
Objection to the proposed class action settlement and attorneys' fees and costs and request for strict scrutiny review of attorneys' fees and hearing on this matter. Document filed by Theresa DiCamillo. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(Giordano, Carmen) (Entered: 07/27/2010)
|
|
Request |
 |
|
|
453 |
Filed: 7/9/2010, Entered: None |
|
|
MOTION for John A. Mills to Appear Pro Hac Vice. Document filed by Downey Surgical Clinic, Inc. and Tarzana Surgery Center, Inc. ***Accepted for filing by the Honorable Lawrence M. McKenna on 7/26/10.. (mro) (Entered: 07/27/2010)
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|
Request |
 |
|
|
452 |
Filed: 7/9/2010, Entered: None |
|
|
MOTION for Glenn E. Solomon to Appear Pro Hac Vice. Document filed by Downey Surgical Clinic, Inc. and Tarzana Surgery Center, Inc. ***Accepted for filing by the Honorable Lawrence M. McKenna on 7/26/10.(mro) (Entered: 07/27/2010)
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|
Request |
 |
|
|
451 |
Filed: 7/26/2010, Entered: None |
 |
|
MEMORANDUM AND ORDER Downey Surgical Clinic, Inc., Tarzana Surgery Center, Inc., the California Hospital Association, and Renal Advantage (through their counsel, Hooper, Lundy & Bookman, P.C.), and Fresenius Medical Holdings, Inc. (through its counsel, Arent Fox), have raised questions about the coverage of the settlement of the above action (see Notice of Proposed Settlement of Class Action and Final Settlement Hearing, May 28, 2010). The Court approves the "proposed explanation" set forth in the Pomerantz Haudek & Gross LLP letter to the Court of July 16, 2010, at 2-3; this explanation is to be posted on the settlement website; the Court concludes that the statement does not have to be mailed to class members (While, of course, any counsel may give clients such notice as counsel consider appropriate). SO ORDERED. (Signed by Judge Lawrence M. McKenna on 7/26/2010) (jmi) (Entered: 07/27/2010)
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|
Request |
 |
|
|
450 |
Filed: 7/21/2010, Entered: None |
|
|
MEMORANDUM OF LAW in Support re: 449 MOTION to Compel. Document filed by UnitedHealth Group Incorporated. (Received in the night deposit box on 7/21/10 at 5:38pm) (mro) (Entered: 07/22/2010)
|
|
Request |
 |
|
|
449 |
Filed: 7/21/2010, Entered: None |
Motion to Compel |
|
MOTION to Compel named plaintiffs to consent to production of information and documents containing their personal health information. Document filed by UnitedHealth Group Incorporated. ***Brand Declaration, Fleischer Declaration, Geagon Declaration and Exhibits attached hereto. (Received in the night deposit box on 7/21/10 at 5:38pm)(mro) Modified on 7/22/2010 (mro). (Entered: 07/22/2010)
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|
Request |
 |
|
|
448 |
Filed: 7/15/2010, Entered: None |
|
|
NOTICE OF APPEARANCE by Carmen S. Giordano on behalf of Theresa DiCamillo (Giordano, Carmen) (Entered: 07/15/2010)
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|
Request |
 |
|
|
447 |
Filed: 6/9/2010, Entered: None |
|
|
MANDATE of USCA (Certified Copy) as to 437 Notice of Appeal,, filed by Michele S. Wilson, Michael J. Attkiss, Colleen Finley, William B. Ericson, Jr., David Finley, Sandra Taylor, Edward F. Mitchell, Jr. USCA Case Number 10-0352-cv. Upon due consideration, it is hereby ORDERED that Appellees' motion is GRANTED and the appeal is DISMISSED. The Appellants' motion for a stay is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 06/09/2010. (nd) (Entered: 06/09/2010)
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|
Request |
 |
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|
446 |
Filed: 6/7/2010, Entered: None |
 |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from John A. Mills dated 6/3/2010 re: Counsel for "Downey" and "Tarzana" request the Court's permission to immediately file a Request for Clarification, which will more fully set forth their clients' reasons as to why their facility claims are not included in the AMA Action's proposed settlement. Furthermore, in order to preserve their clients' right to object to the settlement if it becomes necessary, counsel requests that the Court set a telephonic hearing on this matter no later than one week prior to 7/27/2010, which is the current deadline for Settlement Class Members to file an objection to the proposed settlement. ENDORSEMENT: Granted. Telephone conference scheduled for 7/20/10 at 3:00 P.M. Counsel for Downey & Tarzana are to arrange for relevant counsel to participate. (Telephone Conference set for 7/20/2010 at 03:00 PM before Judge Lawrence M. McKenna.) (Signed by Judge Lawrence M. McKenna on 6/7/2010) (tro) Modified on 6/14/2010 (tro). (Entered: 06/09/2010)
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|
Request |
 |
|
|
445 |
Filed: 4/8/2010, Entered: None |
 |
|
MEMO ENDORSED: denying 440 Motion to Preclude for substantially the reasons set forth in defendants' Memorandum of Law in Response (dated 3/15/10), in which the non-settling plaintiffs have not replied. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/8/10) (cd) (Entered: 04/08/2010)
|
|
Request |
 |
|
|
444 |
Filed: 3/15/2010, Entered: None |
|
|
DECLARATION of Jeffrey S. Klein. Document filed by UnitedHealth Group Incorporated, United Healthcare of the Midwest, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (mbe) (Entered: 03/17/2010)
|
|
Request |
 |
|
|
443 |
Filed: 3/15/2010, Entered: None |
|
|
MEMORANDUM OF LAW IN RESPONSE re: 440 MOTION to Preclude. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (mbe) (Entered: 03/17/2010)
|
|
Request |
 |
|
|
442 |
Filed: 3/2/2010, Entered: None |
|
|
MOTION for an order to Preclude Court from acting in excess of its jurisdiction. Document filed by Edward F. Mitchell, Jr, Michele S. Wilson, Sandra Taylor, David Finley, Colleen Finley, William B. Ericson, Michael J. Attkiss.(pl) (Entered: 03/04/2010)
|
|
Request |
 |
|
|
441 |
Filed: 3/2/2010, Entered: None |
|
|
CERTIFICATE OF SERVICE of Motion to Preclude and Certificate of Service served on Jeffrey S. Klein, et al on 2/24/10. Service was made by UPS Overnight Delivery. (mro) (Entered: 03/02/2010)
|
|
Request |
 |
|
|
440 |
Filed: 3/2/2010, Entered: None |
|
|
MOTION to Preclude Court from acting in excess of its jurisdiction. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, David Finley, Colleen Finley, William B. Ericson, Toby Ann Stavisky, Michael J. Attkiss.(mro) (Entered: 03/02/2010)
|
|
Request |
 |
|
|
439 |
Filed: 2/25/2010, Entered: None |
 |
|
ORDER that defendants' application to amend the Supplemental Preliminary Approval Order is granted. The deadline for the dissemination of the Mailed Notice and Claim Form to Settlement Class Members referenced in Paragraph 10 of the Supplemental Preliminary Approval Order is hereby extended to 5/28/10. The deadline for the publication of the Published Notice referenced in Paragraph 10 of the Supplemental Preliminary Approval Order is hereby extended to 6/4/10. The deadline for Settlement Class Members to submit written notice to the Claims Administrator of their election to opt-out of the Settlement Class referenced in Paragraph 14 of the Supplemental Preliminary Approval Order is hereby extended to 7/27/10. The deadline for the filing of written objections and notices of intent to appear referenced in Paragraphs 5 and 6 of the Supplemental Preliminary Approval Order is hereby extended from 5/18/10 to 7/27/10. The deadline for the Settling Parties to file responses to any written objections shall be 8/26/10. The final settlement hearing referenced in Paragraph of the Supplemental Preliminary Approval Order is hereby adjourned to 9/13/10 at 10:30 a.m., 500 Pearl Street, New York, NY. Paragraph 11 of the Supplemental Preliminary Approval is hereby amended as to the end date for participation in the settlement class of Out of Network Health Care Providers and Out of Network Health Care Provider Groups from 12/31/09 to 11/18/09, consistent with the end date in Paragraph 2 of the Supplemental Preliminary Approval Order. The Settling Parties shall revise the dates and deadlines as they appear in the class notices to conform to this Order. (Signed by Judge Lawrence M. McKenna on 2/25/10) (dle) Modified on 3/4/2010 (dle). (Entered: 02/25/2010)
|
|
Request |
 |
|
|
438 |
Filed: 2/8/2010, Entered: None |
|
|
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 437 Notice of Appeal, filed by Michele S. Wilson, Michael J. Attkiss, Colleen Finley, William B. Ericson, Jr., David Finley, Sandra Taylor, Edward F. Mitchell, Jr. USCA Case Number 10-0352, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (tp). (Entered: 02/08/2010)
|
|
Request |
 |
|
|
437 |
Filed: 1/22/2010, Entered: None |
|
|
NOTICE OF APPEAL from 436 Order. Document filed by Edward F. Mitchell, Jr, Michele S. Wilson, Sandra Taylor, David Finley, Colleen Finley, William B. Ericson, Jr, Michael J. Attkiss. Filing fee $ 455.00, receipt number E 892476. Copies of Notice of Appeal mailed to attorney(s) of record: Weil, Gotshal & Manges, LLP; Pomerantz, Haudek, Grossman & Gross, LLP; Cuneo Gilbert & LaDuca, LLP; Carella, Byrne, Bain, Gilfillan Cecchi, Stewart & Olstein; Sills Cummings & Gross, P.C.; Siegel, Brill, Greupner Duffy & Foster, PA; Law Offices of Paul M. Sod. (nd) (Entered: 01/25/2010)
|
|
Request |
 |
|
|
436 |
Filed: 1/4/2010, Entered: None |
 |
|
SUPPLEMENTAL ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT, CONDITIONALLY CERTIFYING THE SETTLEMENT CLASS, SETTING FORM AND CONTENT OF NOTICE TO MEMBERS OF THE SETTLEMENT CLASS, AND SCHEDULING FINAL SETTLEMENT HEARING: The Court hereby preliminarily approves the terms of the Settlement Agreement, subject to further consideration at the Final Settlement Hearing provided for below. The Court concludes that the Settlement is fair, reasonable, and adequate within the meaning of Rule 23 of the Federal Rules of Civil Procedure, free of collusion to the detriment of the Settlement Class (defined below in Paragraph 2 of this Order), and is sufficiently within the range of reasonableness to warrant the conditional certification of the Settlement Class, the scheduling of the Final Settlement Hearing, and the circulation of the revised Mailed and Published Notices to members of the Settlement Class, each as provided for in this Order. For purposes of settlement only, and pursuant to Federal Rules of Civil Procedure 23(a) and (b)(3), the Court conditionally certifies a class composed as further set forth in this Order. A hearing (the "Final Settlement Hearing") shall be held before the Court on 7/1/2010 at 10:00 a.m. The Court hereby designates Berdon Claims Administrators LLC as Claims Administrator, and such Claims Administrator shall perform the functions described in the Settlement Agreement. (Signed by Judge Lawrence M. McKenna on 1/4/2010) (tro) (Entered: 01/05/2010)
|
|
Request |
 |
|
|
435 |
Filed: 12/1/2009, Entered: 12/3/2009 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Barbara G. Quackenbos dated 11/24/09 re: Pursuant to your Order of 11/17/09, we hereby advise you that nothing needs to be redacted from your Memorandum and Order. ENDORSEMENT: In light of the responses of all parties to Section 12 of the Court's Memorandum and Order of 11/17/09, that Memorandum and Order will be filed in unredacted form, with the correction of the typographical error pointed out by Mr. Grossman in his letter of 11/20/09. (Signed by Judge Lawrence M. McKenna on 12/1/09) (ae) (Entered: 12/03/2009)
|
|
|
 |
|
|
434 |
Filed: 12/1/2009, Entered: 12/3/2009 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Stanley M. Grossman dated 11/23/09 re: On behalf of the Settling Plaintiffs, counsel submits this letter in regards to the Memorandum and Order of 11/17/09, in which he wishes to make clear that class members with pre-acquisition claims will in fact recover money under the Settlement. ENDORSEMENT: The Court acknowledges the mistake; the Memorandum will not be modified at this point. (Signed by Judge Lawrence M. McKenna on 12/1/09) (ae) (Entered: 12/03/2009)
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Request |
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433 |
Filed: 12/1/2009, Entered: 12/2/2009 |
Order |
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MEMORANDUM AND ORDER: For the foregoing reasons, the Court concludes that all of the requirements of Fed. R. Civ. P. 23(a) and 23(b) (3) have been met. The settlement class is certified as such, and the Pomerantz firm is 2ppointed le2d counsel for settlement purposes. The motion (Docket No. 313) of Jamaica Hospital Medical Center and others for leave to intervene is denied as moot, with leave to renew if the settlement is not finally approved. The motion (Docket No. 331) of plaintiffs for reconsideration of this Court's Memorandum and Order of August 22, 2008, is denied as moot (see n.2, supra), with leave to renew if the settlement is not finally approved. The motion (Docket No. 350 ) of Darrick E. Amtel, M.D. and others for leave to intervene is granted. The motions (Docket Nos. 372 & 394) of Michael J. Atkiss, M.D. for dismissal of plaintiffs' counterclaims are denied as moot (see SA 16.4), with leave to renew if the settlement is not finally renewed. The joint motion (Docket No. 344) of the plaintiffs who are proponents of the settlement and defendants for conditional certification of the settlement class, preliminary approval of the and approval of the form of class notice to settlement class members is granted as set forth above. Plaintiffs who propose the settlement and defendants are to submit to the Court a final order providing for distribution to the class of notices of a hearing date for approval of the proposed settlement, with suggested dates. The parties, as already noted, have submitted a very large amount of written argument as to preliminary approval. The Court has considered all parties' arguments even if not specifically addressed in writing herein. This Memorandum will be filed under seal. The parties are to advise the Court in writing within one week of the date hereof of those sentences that must be redacted. A redacted version of the Memorandum and Order will be filed after the appropriate redactions are made. (Signed by Judge Lawrence M. McKenna on 11/17/2009) (jpo) Modified on 12/3/2009 (jpo). (Entered: 12/02/2009)
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432 |
Filed: 11/17/2009, Entered: 11/18/2009 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(nm) (Entered: 11/18/2009)
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431 |
Filed: 10/20/2009, Entered: 10/21/2009 |
Response |
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SETTLING PLAINTIFFS' RESPONSE TO OBJECTORS' SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL-CORRECTED COPY. Document filed by the Settling Plaintiffs. (mro) (Entered: 10/21/2009)
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Request |
 |
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430 |
Filed: 10/14/2009, Entered: 10/16/2009 |
Declaration |
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DECLARATION OF ROBERT J. AXELROD IN SUPPORT OF SETTLING PLAINTIFFS' RESPONSE TO OBJECTORS' SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, Susie Grisham, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (dle) (Entered: 10/16/2009)
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Request |
 |
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429 |
Filed: 10/14/2009, Entered: 10/16/2009 |
Response |
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SETTLING PLAINTIFFS' RESPONSE TO OBJECTORS' SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (dle) (Entered: 10/16/2009)
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Request |
 |
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428 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Declaration |
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SUPPLEMENTAL DECLARATION of Nicholas J. Pappas. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
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427 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Affidavit |
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SUPPLEMENTAL AFFIDAVIT of Daniel J. Slottje. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
 |
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426 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Affidavit |
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AFFIDAVIT of Staci DeLorenzo. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
 |
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425 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Affidavit |
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AFFIDAVIT of Elizabeth Hrenak. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
 |
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424 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Affidavit |
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AFFIDAVIT of Mark Leone. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
 |
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423 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Affidavit |
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AFFIDAVIT of David Latham. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
 |
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422 |
Filed: 10/14/2009, Entered: 10/15/2009 |
Memorandum of Law |
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DEFENDANTS' MEMORANDUM OF LAW IN RESPONSE TO THE OBJECTING PLAINTIFFS' SUPPLEMENTAL BRIEF IN OPPOSITION TO MOTION FOR PRELIMINARY APPROVAL AND OBJECTING PLAINTIFFS' RESPONSE TO REBUTTAL AND SUPPLEMENTAL OFFER OF PROOF WITH REGARD TO THE UHC DELTA AND IN FURTHER SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION OF THE SETTLEMENT CLASS, PRELIMINARY APPROVAL OF SETTLEMENT AGREEMENT, AND APPROVAL OF FORM AND CONTENT OF NOTICE TO SETTLEMENT CLASS MEMBERS. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc. (Received in the night deposit box on 10/14/09 at 8:11pm) (mro) (Entered: 10/15/2009)
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Request |
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421 |
Filed: 10/6/2009, Entered: 10/6/2009 |
Stipulation and Order |
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STIPULATION AND ORDER: Settling Plaintiffs' and Defendants' time to respond to the Non-Settling Plaintiffs' Supplemental Brief in Opposition to Motion for Preliminary Approval, dated 10/1/09, and Response to Rebuttal and Supplemental Offer of Proof With Regard to the UHC Delta, dated 10/1/09, has been extended from 10/8/09 to 5:00 p.m. EDT on 10/14/09. (Signed by Judge Lawrence M. McKenna on 10/6/09) (tro) (Entered: 10/06/2009)
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Request |
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420 |
Filed: 10/2/2009, Entered: 10/2/2009 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(jri) (Entered: 10/02/2009)
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419 |
Filed: 9/24/2009, Entered: 9/25/2009 |
Transcript |
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TRANSCRIPT of proceedings held on 9/14/09 before Judge Lawrence M. McKenna. (ama) (Entered: 09/25/2009)
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Request |
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418 |
Filed: 9/17/2009, Entered: 9/18/2009 |
Affidavit |
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AFFIDAVIT of Richard Goldstein. (djc) (Entered: 09/18/2009)
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Request |
 |
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417 |
Filed: 9/14/2009, Entered: 9/14/2009 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(jri) (Entered: 09/14/2009)
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416 |
Filed: 9/10/2009, Entered: 9/11/2009 |
Affidavit |
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CORRECTED AFFIDAVIT of Daniel J. Slottje. (Received in the night deposit box on 9/10/09 at 8:32pm) (mro) (Entered: 09/11/2009)
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Request |
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415 |
Filed: 9/3/2009, Entered: 9/8/2009 |
Affidavit |
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AFFIDAVIT of Kathleen Novotny. (rw) (Entered: 09/08/2009)
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Request |
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414 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Paul Pandolfo. (mbe) (Entered: 09/01/2009)
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Request |
 |
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413 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Michael Rosenbaum. (mbe) (Entered: 09/01/2009)
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Request |
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412 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Janet Self. (mbe) (Entered: 09/01/2009)
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Request |
 |
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411 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of John Clancy. (mbe) (Entered: 09/01/2009)
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Request |
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410 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Daniel Colestock. (mbe) (Entered: 09/01/2009)
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Request |
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409 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Andrew Consolver. (mbe) (Entered: 09/01/2009)
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Request |
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408 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Jason Dudash. (mbe) (Entered: 09/01/2009)
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Request |
 |
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407 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Suzanne Fisk. (mbe) (Entered: 09/01/2009)
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Request |
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406 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Kelly Harmon. (mbe) (Entered: 09/01/2009)
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Request |
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405 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Kathleen Novotny. (mbe) (Entered: 09/01/2009)
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Request |
 |
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404 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Daniel J. Slottje. (mbe) (Entered: 09/01/2009)
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Request |
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403 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Affidavit |
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AFFIDAVIT of Ellen Sinclair. (mbe) (Entered: 09/01/2009)
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Request |
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402 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Declaration |
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DECLARATION of Nicholas J. Pappas, Esq. in response to Court's May 7, 2009 Order and in further Support of Motion for Conditional Certification of the Settlement Class, Preliminary Approval of Settlement Agreement, and Approval of form and Content of Notice to Settlement Class Member. Document filed by UnitedHealth Group Incorporated, United Healthcare of the Midwest, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (mbe) (Entered: 09/01/2009)
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Request |
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401 |
Filed: 8/31/2009, Entered: 9/1/2009 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(jri) (Entered: 09/01/2009)
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 |
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400 |
Filed: 7/20/2009, Entered: 7/21/2009 |
Transcript |
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TRANSCRIPT of proceedings held on July 14, 2009 at 2:40 pm before Judge Lawrence M. McKenna. (eef) (Entered: 07/21/2009)
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Request |
 |
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399 |
Filed: 7/16/2009, Entered: 7/16/2009 |
~Notice (other) |
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NOTICE of Notice of Firm Name Change. Document filed by The American Medical Association. (Weiswasser, Susan) (Entered: 07/16/2009)
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Request |
 |
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Save 25% on a pre-paid one year subscription. |
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398 |
Filed: 7/7/2009, Entered: 7/7/2009 |
Stipulation and Order |
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STIPULATION AND ORDER LIMITING EXPERT DISCLOSURES: The Parties agree to modify the requirements of Rule 26(a)(2)(B) of the F.R.C.P. with respect to required concerning any experts testifying in connection with the Litigation, including, but not limited to, any proceedings related to the approval of the Settlement Agreement dated as of January 14, 20009, and to limit the scope of discovery pertaining to documents or information created by expert(s) retained or employed by any of the Parties to the Litigation that may be subject to discovery in (a) the Litigation or (b) in any other proceeding in which any person may seek production of documents or information concerning or created by such Experts in connection with the Litigation. Notwithstanding anything to the contrary in Rule Rule 26(a)(2)(b) or any other law, rule, regulation promulgated by any federal, state regulatory, judicial, arbitral, local or foreign authority, all documents or information of the kind described in the subparts below, other than exhibits, expert reports, and/or summaries intended for presentation under Rule 1006, F.R.E. that are authored or complied by any Expert, and which are in final form as served by the Parties, that any of the Parties presents or intends to present at trial or in any other hearing in the Litigation, shall not be subject to disclosure in connection with the Litigation or in any Other Proceeding absent of the presiding Court or other tribunal, subject only to applicable law governing the disclosure of attorney work product. Excluded Information includes, without limitation: as further set forth herein. The Parties agree that Excluded Information shall be considered attorney work product and subject to the protections from disclosure in the Litigation or in any Other Proceeding as permitted under the F.R.C.P. and the Federal Rules of Evidence. The Parties agree that the Excluded Information shall not be the topic of any questioning at any deposition, hearing, or at trial in the Litigation or in any Other Proceeding, except to the extent that an Expert or testifies that (s)he relied on particular Excluded Information as the entire or partial basis for any Expert Evidence. Nothing herein shall be deemed to prevent any party hereto from seeking prospective modification by the Court of any provision of this Stipulation and Order based upon a showing of reasonable need, mutual fairness, or relevance under the particular circumstances presented. Consistent with Judge McKenna's instructions at the conference with the parties on May 28, 2009, in meetings with Dr. Slottje and UHC employees/representatives currently contemplated by the parties in furtherance of the Court's request for cooperative effort to quantify the "delta" and class size, counsel for plaintiffs will not be permitted to inquire directly about the origin and authorship of the list of Reason Codes used by Dr. Slottje in his original delta analysis. Plaintiffs will, however, be permitted to inquire of UHC representatives concerning the purpose and effect of such Reason Codes that plaintiffs' counsel may identify and which plaintiffs' counsel has a good faith basis to believe should have been used as a filter for data used in Dr. Slottje's "delta" analysis, whether or not such Reason Codes appear on the Reason Code list. The Parties agree that to the extent there exist any inconsistencies between this Stipulation and Order and the terms of the Stipulation of Confidentiality and Protective Order entered into by the Parties on 2/13/2002, the terms of the Stipulations and Order shall govern. Nothing herein shall limit or waive any party's rights to object for any reasons to the: (a) admission into evidence of any summary, report, affidavit, or testimony from the opposing part's Expert; or (b) qualification of any person to serve or testify as an expert witness. (Signed by Judge Lawrence M. McKenna on 7/7/09) (tro) (Entered: 07/07/2009)
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Request |
 |
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397 |
Filed: 6/8/2009, Entered: 6/17/2009 |
Response |
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RESPONSE COUNTERCLAIM PLAINTIFFS' OPPOSITION TO COUNTERCLAIM DEFENDANT'S MOTION TO DISMISS OR IN THE ALTERNATIVE, TO STRIKE, THE COUNTERCLAIM AGAINST MICHAEL J. ATTKISS, M.D. Document filed by United Healthcare Insurance Company, United Healthcare Insurance Company of New York. (DOCMT RECEIVED IN NIGHT DEP. ON 6/8/09 AT 6:33 P.M.) (djc) (Entered: 06/17/2009)
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Request |
 |
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396 |
Filed: 6/16/2009, Entered: 6/17/2009 |
Transcript |
|
TRANSCRIPT of proceedings held on May 28, 2009 before Judge Lawrence M. McKenna. (mro) (Entered: 06/17/2009)
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Request |
 |
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395 |
Filed: 5/22/2009, Entered: 6/1/2009 |
Transcript |
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TRANSCRIPT of proceedings held on May 19, 2009 before Judge Lawrence M. McKenna. (mro) (Entered: 06/01/2009)
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Request |
 |
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394 |
Filed: 5/21/2009, Entered: 5/22/2009 |
Motion to Dismiss |
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Notice of MOTION to Dismiss, Notice of MOTION to Strike, or in the Alternative, to the counterclaim against Michael J. Attkiss, M.D. Document filed by Michael J. Attkiss.(mbe) (Entered: 05/22/2009)
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Request |
 |
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393 |
Filed: 5/19/2009, Entered: 5/21/2009 |
Order |
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MEMORANDUM AND ORDER: The Court reserves judgment on the issue of preliminary approval of the SA. There will be a conference on May 28, 2009 at 2:30 p.m., to determine whether the record can be appropriately supplemented. This Memorandum and Order will be filed under seal. The parties are to advise the Court in writing within one week of the date hereof of those sentences that must be redacted. A redacted version of the Memorandum and Order will be filed after the appropriate redactions are made. SO ORDERED. (Signed by Judge Lawrence M. McKenna on 5/7/2009) (tve) Modified on 5/22/2009 (tve). Modified on 6/11/2009 (tve). (Entered: 05/21/2009)
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 |
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392 |
Filed: 5/20/2009, Entered: 5/20/2009 |
Order |
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ORDER SEALING MATERIALS: ORDERED, ADJUDGED and DECREED that portions of the transcripts identified in Exhbit A hereto, the portions of the pleadings identified in Exhibit B hereto, and the undocketed correspondence identified in Exhibit C hereto, shall be placed under seal and shall not be disclosed to any person or party, except to the Court and its in-chambers staff. ENDORSEMENT ON EXHIBIT A: The Clerk and the Reporters are directed to seal the above-identified pages. Copies of such pages are to be made available to counsel of record only. So Order. ENDORSEMENT ON EXHIBIT B: The Clerk is directed to seal document and the Rosenbaum affidavit of 1/26/09, 381. So Ordered. The Clerk is directed to redact documents 355, 367, and 369 and seal the pages identified for such documents above. So Ordered. ENDORSEMENT ON EXHIBIT C: The Clerk is directed to seal the above-identified documents. So Ordered. (Signed by Judge Lawrence M. McKenna on 5/20/2009) (rw) (Entered: 05/20/2009)
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Request |
 |
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391 |
Filed: 5/20/2009, Entered: 5/20/2009 |
Sealed Document + |
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SEALED DOCUMENT placed in vault.(jri) (Entered: 05/20/2009)
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 |
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390 |
Filed: 5/19/2009, Entered: 5/19/2009 |
Transcript |
|
TRANSCRIPT of proceedings held on 3/30/09, 3/31/09, 4/1/09, 4/2/09, 4/3/09, 4/6/09, and 4/16/09 before Judge Lawrence M. McKenna. (tro) (Entered: 05/19/2009)
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Request |
 |
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389 |
Filed: 5/8/2009, Entered: 5/8/2009 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(jri) (Entered: 05/08/2009)
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 |
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388 |
Filed: 4/24/2009, Entered: 4/27/2009 |
Amended Counterclaim |
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AMENDED COUNTERCLAIM amending 170 Counterclaim, against Michael J. Attkiss. Related document: 170 Counterclaim,.(dle) (Entered: 04/27/2009)
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Request |
 |
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387 |
Filed: 4/22/2009, Entered: 4/22/2009 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(jri) (Entered: 04/22/2009)
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|
 |
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|
386 |
Filed: 4/22/2009, Entered: 4/22/2009 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(jri) (Entered: 04/22/2009)
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|
 |
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385 |
Filed: 4/22/2009, Entered: 4/22/2009 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault.(jri) (Entered: 04/22/2009)
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|
 |
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384 |
Filed: 4/20/2009, Entered: 4/20/2009 |
Stipulation and Order |
|
STIPULATION AND ORDER by and between counterclaim plaintiffs United HealthCare Insurance Company and United HealthCare Insurance Company of New Yark, Inc. (collectively, "Counterclaim Plaintiffs") and counterclaim defendant Michael 1. Attkiss, MD. ("Dr. Attkiss") that: If Counterclaim Plaintiffs choose to file an Amended Counterclaim against Dr. Attkiss consistent with Paragraph 6 of this Stipulation and Order, Counterclaim Plaintiffs shall do so on or before April 24, 2009; and After the filing by Counterclaim Plaintiffs of any Amended Counterclaim against Dr. Attkiss consistent with Paragraph 6 of this Stipulation and Order, Dr. Attkiss shall move or answer any such Amended Counterclaim on or before May 21,2009. SO ORDERED (Signed by Judge Lawrence M. McKenna on 4/20/2009) (jmi) (Entered: 04/20/2009)
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Request |
 |
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383 |
Filed: 4/14/2009, Entered: 4/14/2009 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Barry Epstein dated 4/13/09 re: counsel for plaintiff replies to Pomerantz' letter dated 4/8/09. ENDORSEMENT: The testimony of Messrs. Grossman and Hufford (see Axelrod letter 4/8/09) is admissible for the reason given, that it is not offered for the truth of the information in question. The Wilentz arguments in this letter go to the use of the testimony and perhaps its weight, but not to admissibility. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/14/09) (dle) (Entered: 04/14/2009)
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Request |
 |
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382 |
Filed: 4/14/2009, Entered: 4/14/2009 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from George McClellan dated 4/13/09 re: counsel for Health Net requests that information set forth herein be placed under seal and that the Court request counsel not to utilize confidential information unless it is filed under seal. ENDORSEMENT: Health Net's sealing application is granted. health Net's counsel are to submit (on 3 day's notice) a proposed order identifying, with reference to the docket and transcript pages, the materials to be sealed. So Ordered. (Signed by Judge Lawrence M. McKenna on 4/14/09) (dle) (Entered: 04/14/2009)
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 |
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380 |
Filed: 4/13/2009, Entered: 4/13/2009 |
Brief |
|
BRIEF re: 379 Brief Response letter brief filed by George McClellan (admitted pro hac vice for purposes of this issue) on behalf of Health Net regarding information to be placed under seal. Document filed by Health Net, Inc..(Loeber, Christopher) (Entered: 04/13/2009)
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Request |
 |
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|
379 |
Filed: 4/8/2009, Entered: 4/8/2009 |
Brief |
|
BRIEF Letter brief filed by George McClellan (admitted pro hac vice for purposes of this issue) on behalf of Health Net regarding information to be placed under seal. Document filed by Health Net, Inc..(Loeber, Christopher) (Entered: 04/08/2009)
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|
 |
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378 |
Filed: 4/6/2009, Entered: 4/6/2009 |
~Notice (other) |
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NOTICE of of Appearance of James E. Cecchi on Behalf of All Plaintiffs other than Drs. Atkiss and Ericson. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, The Medical Society of the State of New York, Matthew Crema, The Missouri State Medical Association, John Marcum. (Taylor, Lindsey) (Entered: 04/06/2009)
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Request |
 |
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|
377 |
Filed: 3/31/2009, Entered: 3/31/2009 |
Stipulation and Order |
|
STIPULATION AND ORDER: Counterclaim Plaintiffs' time to respond to the Motion to Dismiss, or in the Alternative, to Strike the Counterclaim Against Michael J. Attkiss, M.D., is extended from 3/30/09 through and including 4/17/09. (Signed by Judge Lawrence M. McKenna on 3/31/09) (tro) (Entered: 03/31/2009)
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Request |
 |
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376 |
Filed: 3/27/2009, Entered: 3/27/2009 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Alan Ross Pearlson on behalf of Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, S. Joseph Domina, The Medical Society of the State of New York, New York State Unified Teachers, Civil Service Employees Association, The Organization of New York State Management/Confidential Employees, The New York State Police Investigators Association, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, The Missouri State Medical Association (Pearlson, Alan) (Entered: 03/27/2009)
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Request |
 |
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|
375 |
Filed: 3/12/2009, Entered: 3/24/2009 |
Transcript |
|
TRANSCRIPT of proceedings held on 3/04/09 before Judge Lawrence M. McKenna. (ama) (Entered: 03/24/2009)
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Request |
 |
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|
374 |
Filed: 3/23/2009, Entered: 3/23/2009 |
Order on Motion to Appear Pro Hac Vice |
|
ORDER FOR PRO HAC VICE ADMISSION granting 373 Motion for Eric John Marcy to Appear Pro Hac Vice. (Signed by Judge Lawrence M. McKenna on 3/23/2009) (jpo) (Entered: 03/23/2009)
|
|
Request |
 |
|
|
373 |
Filed: 3/19/2009, Entered: 3/20/2009 |
Motion to Appear Pro Hac Vice |
|
MOTION for Eric John Marcy to Appear Pro Hac Vice. Document filed by The American Medical Association.(dle) (Entered: 03/20/2009)
|
|
Request |
 |
|
|
372 |
Filed: 3/13/2009, Entered: 3/18/2009 |
Motion to Dismiss |
|
MOTION to Dismiss or in the alternative MOTION to Strike the counterclaim against Michael J. Atkiss, M.D. Document filed by Michael J. Attkiss.(djc) (Entered: 03/18/2009)
|
|
Request |
 |
|
|
371 |
Filed: 3/13/2009, Entered: 3/16/2009 |
Memorandum of Law in Support |
|
MEMORANDUM OF LAW in Support of the Motion to Dismiss, or in the Alternative, to strike, the counterclaim against Michael J. Attkiss, M.D. Document filed by United Healthcare Insurance Company, United Healthcare Insurance Company of New York. (djc) (Entered: 03/16/2009)
|
|
Request |
 |
|
|
370 |
Filed: 3/4/2009, Entered: 3/10/2009 |
Certificate of Service Other |
|
CERTIFICATE OF SERVICE of Supplemental Certification of Barry M. Espstein and Certificate of Service served on see attached service list on 3/4/09. Service was accepted by via electronic mail. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Janet Stravitz, Matthew Crema, The Missouri State Medical Association, John Marcum. (pl) (Entered: 03/10/2009)
|
|
Request |
 |
|
|
369 |
Filed: 3/4/2009, Entered: 3/10/2009 |
Remark |
|
SUPPLEMENTAL CERTIFICATION OF BARRY M. EPSTEIN (pl) (Entered: 03/10/2009)
|
|
Request |
 |
|
|
368 |
Filed: 2/23/2009, Entered: 2/24/2009 |
Brief |
|
AMENDED REPLY BRIEF IN SUPPORT OF CROSS MOTION FOR LEAVE TO CONDUCT DISCOVERY CONCERNING THE NEGOTIATION OF AND THE FAIRNESS ADEQUACY AND REASONABLENESS OF THE PROPOSED CLASS ACTION SETTLEMENT. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum.(dle) (Entered: 02/24/2009)
|
|
Request |
 |
|
|
367 |
Filed: 2/19/2009, Entered: 2/20/2009 |
Reply |
|
SUR-REPLY IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL AND IN RESPONSE TO CROSS-MOTION FOR LEAVE TO CONDUCT DISCOVERY CONCERNING PROPOSED SETTLEMENT. (djc) (Entered: 02/20/2009)
|
|
Request |
 |
|
|
366 |
Filed: 2/19/2009, Entered: 2/19/2009 |
Order on Motion to Appear Pro Hac Vice |
|
ORDER FOR PRO HAC VICE ADMISSION granting 362 Motion for Lynne M. Kizis to Appear Pro Hac Vice in this action. (Signed by Judge Lawrence M. McKenna, Part I, on 2/19/2009) (jpo) (Entered: 02/19/2009)
|
|
Request |
 |
|
|
365 |
Filed: 2/19/2009, Entered: 2/19/2009 |
Order on Motion to Appear Pro Hac Vice |
|
ORDER FOR PRO HAC VICE ADMISSION granting 361 Motion to Appear Pro Hac Vice. It is hereby ordered that Philip A. Tortoreti is admitted pro hac vice in this action. (Signed by Judge Lawrence M. McKenna on 2/19/2009) (jpo) (Entered: 02/19/2009)
|
|
Request |
 |
|
|
364 |
Filed: 2/18/2009, Entered: 2/18/2009 |
Reply |
|
REPLY BRIEF IN SUPPORT OF CROSS-MOTION FOR LEAVE TO CONDUCT DISCOVERY CONCERNING THE NEGOTIATION OF AND THE FAIRNESS, ADEQUACY AND REASONABLENESS OF THE PROPOSED CLASS ACTION SETTLEMENT. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (djc) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
363 |
Filed: 2/10/2009, Entered: 2/18/2009 |
Response |
|
Settling Plaintiffs' Response to Further Opposition to the Proposed Settlement Focusing on Objections to Class Notice, Claim Form and Plan of Allocation.(djc) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
362 |
Filed: 2/10/2009, Entered: 2/18/2009 |
Motion to Appear Pro Hac Vice |
|
MOTION for Lynne M. Kizis to Appear Pro Hac Vice. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum, Michael J. Attkiss.(dle) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
361 |
Filed: 2/10/2009, Entered: 2/18/2009 |
Motion to Appear Pro Hac Vice |
|
MOTION for Phillip A. Tortoreti to Appear Pro Hac Vice. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, Michael J. Attkiss, John Marcum.(dle) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
360 |
Filed: 2/10/2009, Entered: 2/18/2009 |
Declaration in Support of Motion |
|
DECLARATION of Nicholas J. Pappas, Esq. in Support re: 344 MOTION to Certify Class. Document filed by United Healthcare Corporation, United Healthcare Services, Inc. (djc) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
359 |
Filed: 2/10/2009, Entered: 2/18/2009 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 344 MOTION to Certify Class. Document filed by United Healthcare Corporation, United Healthcare Services, Inc. (djc) (Entered: 02/18/2009)
|
|
Request |
 |
|
|
358 |
Filed: 2/9/2009, Entered: 2/10/2009 |
Reply Memorandum of Law in Support of Motion |
|
SETTLING PLAINTIFFS' REPLY MEMORANDUM OF LAW IN SUPPORT OF MOTIN FOR INTERVENOR PLAINTIFFS. (dle) (Entered: 02/10/2009)
|
|
Request |
 |
|
|
357 |
Filed: 2/10/2009, Entered: 2/10/2009 |
Stipulation and Order |
|
STIPULATION AND ORDER: Defendants' time to respond to the Wi1entz Opposition has been extended from February 9, 2009 to February 10, 2009. (Signed by Judge Lawrence M. McKenna on 2/10/2009) Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(jfe) (Entered: 02/10/2009)
|
|
|
 |
|
|
356 |
Filed: 2/9/2009, Entered: 2/9/2009 |
Certificate of Service Other |
|
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition, Memorandum in Supplemental Support fo Notice of Opposition, Certification of Barry M. Epstein, Certificate of Service. served on Clerk of Court on 2/6/09. Service was made by via Electronic mail. Document filed by Clifford E., Helene Coull, Michael Grisham, Susie Grisham, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, Mary Gilmartin, Matthew Crema, Michael J. Attkiss, John Marcum. (pl) (Entered: 02/09/2009)
|
|
Request |
 |
|
|
355 |
Filed: 2/9/2009, Entered: 2/9/2009 |
Declaration |
|
CERTIFICATION of Barry M. Epstein re: 344 MOTION to Certify Class., 350 MOTION to Intervene and Notice of Provisional Opposition to Motion for Condition Certification of the Settlement Class and Cross-motion for leave to conduct Discovery, and in support of cross-motion to appoint a discovery and settlement master. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (pl) (Entered: 02/09/2009)
|
|
Request |
 |
|
|
354 |
Filed: 2/9/2009, Entered: 2/9/2009 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW in Opposition re: 350 MOTION to Intervene. Document filed by Clifford E., Helene Coull, Michael Grisham, Susie Grisham, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, Cynthia Falk, Mary Gilmartin, Matthew Crema, Michael J. Attkiss. (pl) (Entered: 02/09/2009)
|
|
Request |
 |
|
|
353 |
Filed: 2/9/2009, Entered: 2/9/2009 |
Memorandum of Law in Opposition |
|
MEMORANDUM OF LAW in Opposition To The Proposed Settlement, Focusing On Objections To Class Notice, Claim Form and Plan of Allocation. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (pl) (Entered: 02/09/2009)
|
|
Request |
 |
|
|
352 |
Filed: 1/30/2009, Entered: 2/2/2009 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Paul Martin Sod on behalf of Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum (jmi) (Entered: 02/02/2009)
|
|
Request |
 |
|
|
351 |
Filed: 1/16/2009, Entered: 1/23/2009 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 350 MOTION to Intervene. (Filed in the night deposit on 1/16/09 at 10:49 p.m.) (ae) (Entered: 01/23/2009)
|
|
Request |
 |
|
|
350 |
Filed: 1/16/2009, Entered: 1/23/2009 |
Motion to Intervene |
|
MOTION to Intervene in this action as plaintiffs. By Intervenor Provider Plaintiffs. (Filed in the night deposit on 1/16/09 at 10:48 p.m.)(ae) (Entered: 01/23/2009)
|
|
Request |
 |
|
|
349 |
Filed: 1/20/2009, Entered: 1/22/2009 |
Memorandum of Law in Support of Motion |
|
DEFENDANTS' MEMORANDUM OF LAW in Support re: 344 JOINT MOTION for the entry of the Order submitted herewith granting the parties' Joint Motion for Conditional Certification of the Settlement Class, Preliminary Approval of Settlement Agreement, and Approval of the Form of Class Notice to Settlement Class Members. (tro) (Entered: 01/22/2009)
|
|
Request |
 |
|
|
348 |
Filed: 1/20/2009, Entered: 1/22/2009 |
Affidavit of Service Other |
|
AFFIDAVIT OF SERVICE of Notice of Joint Motion, Settling Plaintiffs' Memorandum of Law in Support of the Joint Motion for Conditional Certification of the Settlement Class, Preliminary Approval of Settlement Agreement, and Approval of the Form Class Notice to Settlement Class Members as well as the Affidavit of Robert J. Axelrod in Support of Joint Motion for Conditional Certification of the Settlement Agreement, and Approval of the Form of Class Notice to Settlement Class Member served on Weil, Gotshal & Manges, LLP, Groom Law Group, Chartered, Wilentz, Goldman & Spitzer, P.A. and by e-mail upon: Christopher R.J. Pace, Rob Castle, Esq. and Catherine R. Hartman on 1/16/09. Service was made by Mail and E-Mail. (tro) (Entered: 01/22/2009)
|
|
Request |
 |
|
|
347 |
Filed: 1/16/2009, Entered: 1/22/2009 |
Affidavit of Service Other |
|
AFFIDAVIT OF SERVICE of Notice of Motion By Intervenor Provider Plaintiffs to Intervene, The Intervenor Providers' Class Action Complaint and the Memorandum of Law in Support of Unopposed Motion of Darick E. Antel, M.D., David Befeler, M.D. and David A Ditsworth, M.D., To Intervene As Class Representatives on Behalf of a Putatuive Class Health Care Providers served on Weil, Gotshal & Manges, LLP, Groom Law Group, Chartered, Wilentz, Goldman & Spitzer, P.A. and by e-mail upon: Christopher R.J. Pace, Cecilia A. Silver, Esq., A. Millie Warner, Esq., and Catherine R. Hartman on 1/16/09. Service was made by Mail and E-Mail. (tro) (Filed in the night deposit on 1/16/09 at 10:48 p.m.) Modified on 1/23/2009 (ae). (Entered: 01/22/2009)
|
|
Request |
 |
|
|
346 |
Filed: 1/20/2009, Entered: 1/22/2009 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 344 JOINT MOTION for Conditional Certification of the Settlement Class, Preliminary Approval of the Settlement Agreement, and approval of the form of class notice to settlement class members. Document filed by Settling Plaintiffs. (tro) (Entered: 01/22/2009)
|
|
Request |
 |
|
|
345 |
Filed: 1/20/2009, Entered: 1/22/2009 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Robert J. Axelrod in Support re: 344 JOINT MOTION for Conditional Certification of the Settlement Class, Preliminary Approval of the Settlement Agreement, and approval of the form of class notice to settlement class members.(tro) (Entered: 01/22/2009)
|
|
Request |
 |
|
|
344 |
Filed: 1/20/2009, Entered: 1/22/2009 |
Motion to Certify Class |
|
NOTICE OF JOINT MOTION for the entry of the Order submitted herewith granting the parties' Joint Motion for Conditional Certification of the Settlement Class, Preliminary Approval of Settlement Agreement, and Approval of the Form of Class Notice to Settlement Class Members. Document filed by Settling Plaintiffs and Defendants.(tro) (Entered: 01/22/2009)
|
|
Request |
 |
|
|
343 |
Filed: 1/20/2009, Entered: 1/20/2009 |
Stipulation and Order |
|
STIPULATION AND ORDER: Plaintiffs' time to answer the counterclaim under the Federal Rules of Civil Procedures and Local Rules of the Southern District of New York has been extended twenty-eight(28) days which the parties calculate under the current procedure posture of the case to be February 9, 2009. (Signed by Judge Lawrence M. McKenna on 1/20/2009) (jpo) (Entered: 01/20/2009)
|
|
Request |
 |
|
|
342 |
Filed: 1/15/2009, Entered: 1/15/2009 |
Notice of Appearance |
|
NOTICE OF APPEARANCE by Lindsey Handley Taylor on behalf of Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, The Medical Society of the State of New York, Matthew Crema, The Missouri State Medical Association, John Marcum (Taylor, Lindsey) (Entered: 01/15/2009)
|
|
Request |
 |
|
|
341 |
Filed: 12/23/2008, Entered: 12/24/2008 |
Answer to Amended Complaint |
|
ANSWER to Amended Complaint. Document filed by American Airlines, Inc., Metropolitan Life Insurance Company. Related document: 294 Amended Complaint,, filed by Michele S. Wilson, Clifford E., Colleen Finley, William B. Ericson, The Missouri State Medical Association, The Medical Society of the State of New York, John Marcum, Michael J. Attkiss, S. Joseph Domina, Matthew Crema, William B. Ericson, Jr., David Finley, Sandra Taylor, The American Medical Association, Edward F. Mitchell, Jr.(dle) (Entered: 12/24/2008)
|
|
Request |
 |
|
|
340 |
Filed: 12/17/2008, Entered: 12/17/2008 |
Stipulation and Order |
|
STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for Defendants to answer the FAC is extended one week from the time in which Defendants are required to respond to the FAC under the F.R.C.P. of Civil Procedure and Local Rules of the SDNY, which the parties calculate under the current procedural posture of the case to be December 22, 2008. (Signed by Judge Lawrence M. McKenna on 12/17/2008) (jpo) (Entered: 12/17/2008)
|
|
Request |
 |
|
|
339 |
Filed: 11/14/2008, Entered: 11/14/2008 |
Stipulation and Order |
|
STIPULATION AND ORDER: Defendants' time to answer the FAC is extended thirty (30) days from the time in which Defendants are required to respond to the FAC under the F.R.C.P. and Local Rules of the S.D.N.Y., which the parties calculate under the current procedural posture of the case to be 12/15/08. (Signed by Judge Lawrence M. McKenna on 11/14/08) (tro) (Entered: 11/14/2008)
|
|
Request |
 |
|
|
338 |
Filed: 10/15/2008, Entered: 10/15/2008 |
Stipulation and Order |
|
STIPULATION AND ORDER that defendants' time to answer the FAC is extended 30 days from the time in which defendants are required to respond to the FAC under the FRCP and Local Rules of the SDNY, which the parties calculate under the current procedural posture of the case to be 11/13/08. (Signed by Judge Lawrence M. McKenna on 10/15/08) (cd) (Entered: 10/15/2008)
|
|
Request |
 |
|
|
337 |
Filed: 10/7/2008, Entered: 10/9/2008 |
Reply Memorandum of Law in Support of Motion |
|
REPLY MEMORANDUM OF LAW in FURTHER Support re: 331 MOTION for Reconsideration.. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (djc) (Entered: 10/09/2008)
|
|
Request |
 |
|
|
336 |
Filed: 9/26/2008, Entered: 9/29/2008 |
~Notice (other) |
|
NOTICE re: Relating To Party Representation, that Pomerantz Haudek Block Grossman & Gross LLP no longer represent William B. Ericson, Michael J. Attkiss, but continue to represent each of the remaining Plaintiffs in this action. Document filed by William B. Ericson, Michael J. Attkiss. (pl) (Entered: 09/29/2008)
|
|
Request |
 |
|
|
335 |
Filed: 9/25/2008, Entered: 9/26/2008 |
Appendix |
|
APPENDIX OF UNPUBLISHED OPINIONS IN SUPPORT OF 334 Memorandum of Law in Opposition to Motion,. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., United Healthcare Corporation, United Healthcare Services, Inc..(pl) (Entered: 09/26/2008)
|
|
Request |
 |
|
|
334 |
Filed: 9/25/2008, Entered: 9/26/2008 |
Memorandum of Law in Opposition to Motion |
|
Defendants' Opposition re: 331 MOTION for Reconsideration. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Services, Inc.. (pl) (Entered: 09/26/2008)
|
|
Request |
 |
|
|
333 |
Filed: 9/10/2008, Entered: 9/10/2008 |
Stipulation and Order |
|
STIPULATION AND ORDER: Defendant's time to answer the FAC is extended 30 days from the time in which Defendant's are required to respond to the FAC under the F.R.C.P. and Local Rules of the Southern District of New York, which the parties calculate under the procedural posture of the case to be October 11, 2008. (Signed by Judge Lawrence M. McKenna on 9/10/2008) (jfe) (Entered: 09/10/2008)
|
|
Request |
 |
|
|
332 |
Filed: 9/8/2008, Entered: 9/9/2008 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 331 MOTION for Reconsideration.. Document filed by Clifford E., Sandra Taylor, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (dle) (Entered: 09/09/2008)
|
|
Request |
 |
|
|
331 |
Filed: 9/8/2008, Entered: 9/9/2008 |
Motion for Reconsideration |
|
PLAINTIFF'S MOTION FOR CLARIFICATION AND/OR RECONSIDERATION OF THIS COURT'S 8/22/08 RULING WITH RESPECT TO THE ERISA 502(a)(1)(B) CLAIMS OF PROVIDER PLAINTIFFS. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum.(dle) (Entered: 09/09/2008)
|
|
Request |
 |
|
|
330 |
Filed: 9/2/2008, Entered: 9/2/2008 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Jeffrey L. Kessler dated 8/26/2008 re: Counsel writes requesting the Court accept this letter as notice of his withdrawal as counsel in the above referenced matter. ENDORSEMENT: Mr. Kessler's withdrawal is accepted and is to noted on the docket. So ordered. Attorney Jeffrey L. Kessler terminated. (Signed by Judge Lawrence M. McKenna on 9/2/2008) (tve) (Entered: 09/02/2008)
|
|
Request |
 |
|
|
329 |
Filed: 8/22/2008, Entered: 8/22/2008 |
Order on Motion to Dismiss |
|
MEMORANDUM AND ORDER: Based upon the foregoing analysis, Defendant's motion to dismiss is GRANTED in part, and DENIED in part. It is GRANTED with respect to Plaintiff's RICO claims occurring before July 15, 2000. Defendant's motion is DENIED with respect to Plaintiff's antitrust claims occurring before July 15, 2000. Further, Defendant's motion is GRANTED with respect to Plaintiff's RICO clams based upon unexhausted request for reimbursement. Plaintiff's are permitted leave to replead in order to provide the Court with both factual allegations showing frustration of contractual rights to remedy, and a clearly defined damages amount, within 30 days of completion of substantive discovery. (Signed by Judge Lawrence M. McKenna on 8/22/2008) (jfe) (Entered: 08/22/2008)
|
|
Request |
 |
|
|
328 |
Filed: 7/25/2008, Entered: 7/28/2008 |
Response |
|
RESPONSE to Plaintiffs' Notice of Supplemental Authority. Document filed by United Healthcare Insurance Company of New York, United Healthcare Corporation, United Healthcare Services, Inc.. (djc) (Entered: 07/28/2008)
|
|
Request |
 |
|
|
327 |
Filed: 6/20/2008, Entered: 6/23/2008 |
Certificate of Service Other |
|
CERTIFICATE OF SERVICE of notice of supplemental authority in support of plaintiffs' memorandum of law served on Jeffrey S. Klein and Thomas F. Fitzgerald and counsel for defendants as further set forth herein on 6/17/08. Service was made by Mail and electronic mail. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (dle) (Entered: 06/23/2008)
|
|
Request |
 |
|
|
326 |
Filed: 6/17/2008, Entered: 6/17/2008 |
Response |
|
NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS ALL RICO, ALL ANTITRUST, AND SEVERAL ERISA CLAIMS IN FOURTH AMENDED COMPLAINT. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Cynthia Falk, Mary Gilmartin, Gail Temple, Matthew Crema, John Marcum, Michael J. Attkiss, The Missouri State Medical Association. (dle) (Entered: 06/17/2008)
|
|
Request |
 |
|
|
325 |
Filed: 6/12/2008, Entered: 6/12/2008 |
~Notice (other) |
|
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE of SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS ALL RICO, ALL ANTITRUST, AND SEVERAL ERISA CLAIMS IN FOURTH AMENDED COMPLAINT. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (Roddy, Kevin) Modified on 6/13/2008 (jar). (Entered: 06/12/2008)
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Request |
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324 |
Filed: 5/14/2008, Entered: 5/15/2008 |
Declaration in Support of Motion |
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DECLARATION of Michael Sedrish in further Support re: 313 MOTION to Intervene. Document filed by Jamaica Hospital Medical Center, Brookdale Hospital Medical Center, Flusing Hospital and Medical Center. (dle) (Entered: 05/15/2008)
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Request |
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323 |
Filed: 5/14/2008, Entered: 5/15/2008 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 313 MOTION to Intervene. Document filed by Jamaica Hospital Medical Center, Brookdale Hospital Medical Center, Flusing Hospital and Medical Center. (dle) (Entered: 05/15/2008)
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Request |
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322 |
Filed: 5/6/2008, Entered: 5/6/2008 |
Stipulation and Order |
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STIPULATION AND ORDER, that the Proposed Hospital Plaintiff's Intervenor's time to file their reply in further support of the Intervention Motion is extended to 5/13/2008. (Signed by Judge Lawrence M. McKenna on 5/6/08) (pl) (Entered: 05/06/2008)
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Request |
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321 |
Filed: 4/8/2008, Entered: 4/9/2008 |
Declaration in Opposition to Motion |
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DECLARATION OF SARAH R. PETERSON in Opposition re: 313 MOTION to Intervene. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (dle) (Entered: 04/09/2008)
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Request |
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320 |
Filed: 4/8/2008, Entered: 4/9/2008 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: 313 MOTION to Intervene.. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (dle) (Entered: 04/09/2008)
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Request |
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319 |
Filed: 4/8/2008, Entered: 4/9/2008 |
Appendix |
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APPENDIX OF UNPUBLISHED OPINIONS CITED IN DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO HOSPITAL INTERVENORS' MOTION TO INTERVENE. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.(dle) (Entered: 04/09/2008)
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Request |
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318 |
Filed: 4/8/2008, Entered: 4/9/2008 |
Affidavit |
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AFFIDAVIT OF MARTIN C. GEAGAN, ESQ. IN SUPPORT OF DEFENDANTS' OPPOSITION TO HOSPITAL INTERVENORS' MOTION TO INTERVENE. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., Michael J. Attkiss, The Missouri State Medical Association, United Healthcare Corporation, United Healthcare Services, Inc.. (dle) (Entered: 04/09/2008)
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Request |
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317 |
Filed: 3/10/2008, Entered: 3/10/2008 |
Stipulation and Order |
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STIPULATION AND ORDER: The time for defendants' to answer, move or otherwise respond to the Intervention Motion is extended to 4/8/08. Plaintiff's reply to be served and filed by 5/6/08. Set Deadlines/Hearing as to 313 MOTION to Intervene: (Responses due by 4/8/2008, Replies due by 5/6/2008.) (Signed by Judge Lawrence M. McKenna on 3/10/08) (db) (Entered: 03/10/2008)
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Request |
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316 |
Filed: 2/29/2008, Entered: 3/3/2008 |
Notice of Change of Address |
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NOTICE OF CHANGE OF ADDRESS by Barbara Gail Quackenbos on behalf of The American Medical Association. New Address: Wilentz Goldman & Spitzer, 90 Woodbridge Center, Woodbridge, NJ, 07095, 732 855-6157. Filed In Associated Cases: 1:00-cv-02800-LMM-GWG, 1:00-cv-07246-LMM(ae) (Entered: 03/03/2008)
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Request |
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315 |
Filed: 2/21/2008, Entered: 2/25/2008 |
Remark |
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Compendium of Unpublished Authorities in support. Document filed by New York State Unified Teachers, Civil Service Employees Association, The Organization of New York State Management/Confidential Employees, The New York State Police Investigators Association, Jamaica Hospital Medical Center, Brookdale Hospital Medical Center, Flushing Hospital and Medical Center, Brookdale Family Care Centers, Inc., Urban Strategies/Brookdale Family CAre Center, Inc., The Brookdale Residence Housing Development Fund Corporation, The Schulman and Schachne Institute for Nursing and Rehabilitation, Inc., Brookdale Emergency Service, Inc., The Jamaica Hospital Medical Center Diagnostic and treatment Center Corporation, Jamaica Hospital Nursing Home Company, Inc., Jamaica Psychiatric Services, PC, MediSysIPA, LLC, MediSys Ambulance Service, Inc., MediSys Home Health Care, Inc., MediSys Home Care, Services, Inc., TJH Medical Services, P.C., High Tech Medical Equipment, Inc.. (pl) (Entered: 02/25/2008)
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Request |
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314 |
Filed: 2/21/2008, Entered: 2/25/2008 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 313 MOTION to Intervene.. Document filed by New York State Unified Teachers, Civil Service Employees Association, The Organization of New York State Management/Confidential Employees, The New York State Police Investigators Association, Jamaica Hospital Medical Center, Brookdale Hospital Medical Center, Flusing Hospital and Medical Center, Brookdale Family Care Centers, Inc., Urban Strategies/Brookdale Family CAre Center, Inc., The Brookdale Residence Housing Development Fund Corporation, The Schulman and Schachne Institute for Nursing and Rehabilitation, Inc., Brookdale Emergency Service, Inc., Advance Center for Psychotherapy, The Jamaica Hospital Medical Center Diagnostice and Tretmenet Center Corporation, Jamaica Hospital Nursing Home Company, Inc., Jamaica Psychiatric Services, PC, MediSysIPA, LLC, MediSys Ambulance Service, Inc., MediSys Home Health Care, Inc., MediSys Home Care, Services, Inc., TJH Medical Services, P.C., High Tech Medical Equipment, Inc.. (pl) (Entered: 02/25/2008)
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Request |
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313 |
Filed: 2/21/2008, Entered: 2/25/2008 |
Motion to Intervene |
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MOTION for an order pursuant to Rule 24(b)(2) of the Federal Rules of Civil Procedure granting Intervenor Plaintiff's motion to intervene. Document filed by Jamaica Hospital Medical Center, Brookdale Hospital Medical Center, Flushing Hospital and Medical Center, Brookdale Family Care Centers, Inc., Urban Strategies/Brookdale Family Care Center, Inc., The Brookdale Residence Housing Development Fund Corporation, The Schulman and Schachne Institute for Nursing and Rehabilitation, Inc., Brookdale Emergency Service, Inc., Advance Center for Psychotherapy, The Jamaica Hospital Medical Center Diagnostic and treatments Center Corporation, Jamaica Hospital Nursing Home Company, Inc., Jamaica Psychiatric Services, PC, MediSysIPA, LLC, MediSys Ambulance Service, Inc., MediSys Home Health Care, Inc., MediSys Home Care, Services, Inc., TJH Medical Services, P.C., High Tech Medical Equipment, Inc..(pl) (Entered: 02/25/2008)
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Request |
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312 |
Filed: 1/11/2008, Entered: 2/13/2008 |
Affidavit in Support of Motion |
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AFFIDAVIT of Cecilia A. Silver in Support re: 302 MOTION to Dismiss.. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (Received in the night deposit on 1/11/08 at 10:22 p.m.)(ae) (Entered: 02/13/2008)
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Request |
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311 |
Filed: 1/11/2008, Entered: 2/13/2008 |
Appendix |
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APPENDIX OF UNPUBLISHED OPINIONS CITED IN DEFENDANTS' to 310 Reply Memorandum of Law in Support of Motion,. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc..(Received in the night deposit on 1/11/08 at 10:22 p.m.)(ae) (Entered: 02/13/2008)
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Request |
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310 |
Filed: 1/11/2008, Entered: 2/13/2008 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Further Support of re: 302 MOTION to Dismiss. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc. (Received in the night deposit on 1/11/08 at 10:21 p.m.) (ae) (Entered: 02/13/2008)
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Request |
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309 |
Filed: 12/19/2007, Entered: 1/14/2008 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Kevin Peter Roddy on behalf of Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum (jco) (Entered: 01/14/2008)
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Request |
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308 |
Filed: 12/19/2007, Entered: 1/14/2008 |
Notice of Appearance |
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NOTICE OF APPEARANCE by Michele C. Lefkowitz on behalf of Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum (jco) (Entered: 01/14/2008)
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Request |
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307 |
Filed: 11/30/2007, Entered: 12/3/2007 |
Memorandum of Law in Opposition to Motion |
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PLAINTIFF'S MEMORANDUM OF LAW in Opposition to Defendant's re: 302 MOTION to Dismiss. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Cynthia Falk, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (jmi) (Entered: 12/03/2007)
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Request |
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306 |
Filed: 11/16/2007, Entered: 11/19/2007 |
Order on Motion for Leave to File Document |
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MEMO ENDORSEMENT granting (Duplicate Original of) 304 Motion for Leave to File Document. ENDORSEMENT: Granted. (Signed by Judge Lawrence M. McKenna on 11/16/07) (tro) (Entered: 11/19/2007)
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Request |
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305 |
Filed: 10/5/2007, Entered: 10/9/2007 |
Stipulation and Order |
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STIPULATION AND ORDER: plaintiff's time to serve and file papers in opposition to defendants' Motion to Dismiss All RICO, All Antitrust, and Several ERISA Claims in the Fourth Amended Complaint, dated 9/24/07, shall be extended to 11/30/07; defendants' reply in support of its Motion to be served and filed by 1/11/08. Defendants' consent to the filing by plaintiffs of a memeorandum of law in excess of 25 pages for their opposition to defendants Motion to Dismiss....., but plaintiffs' memorandum shall not exceed 50 pages. Plaintiffs consent to the filing by defendants of a reply in excess of 10 pages, but not in excess of 30 pages. Set Deadlines/Hearing as to 302 MOTION to Dismiss:Responses due by 11/30/2007 Replies due by 1/11/2008. (Signed by Judge Lawrence M. McKenna on 10/5/07) (db) (Entered: 10/09/2007)
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Request |
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304 |
Filed: 9/24/2007, Entered: 9/25/2007 |
Motion for Leave to File Document |
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MOTION for Leave to File a Memorandum of Law in Excess of Twenty-Five pages. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., Metropolitan Life Insurance Company, United Healthcare Corporation, United Healthcare Services, Inc. (Received in the night deposit box on 9/24/2007 at 7:04pm.) (jar) (Entered: 09/25/2007)
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Request |
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303 |
Filed: 9/24/2007, Entered: 9/25/2007 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 302 MOTION to Dismiss pursuant to Rules 9(b) and 12(b)(6) of the FRCP, granting Dfts' dismissal of all RICO, all Antitrust, and several ERISA Claims in the Fourth Amended Complt. (Appendix of Unpublished Opinions cited in Dfts' Memo of Law in Support of Motion to Dismiss.) Document filed by United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., Metropolitan Life Insurance Company, United Healthcare Corporation, United Healthcare Services, Inc. [Received in the night deposit box on 9/24/2007 at 7:04pm.](jar) (Entered: 09/25/2007)
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Request |
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302 |
Filed: 9/24/2007, Entered: 9/25/2007 |
Motion to Dismiss |
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MOTION to Dismiss pursuant to Rules 9(b) and 12(b)(6) of the FRCP, granting Dfts' dismissal of all RICO, all Antitrust, and several ERISA Claims in the Fourth Amended Complt. Document filed by United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., Metropolitan Life Insurance Company, United Healthcare Corporation, United Healthcare Services, Inc. (Filed in night deposit box on 9/24/2007 at 7:04pm) (jar) (Entered: 09/25/2007)
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Request |
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301 |
Filed: 8/24/2007, Entered: 8/27/2007 |
Order on Motion to Substitute Attorney |
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ORDER granting 297 Motion to Substitute Attorney. Added attorney Wilentz, Goldman & Spitzer, P.C. for David Finley and Colleen Finley.. (Signed by Judge Lawrence M. McKenna on 8/24/2007) (jmi) (Entered: 08/27/2007)
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Request |
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300 |
Filed: 8/23/2007, Entered: 8/27/2007 |
Order |
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ORDER for the foregoing reasons, Plaintiff's motion for reconsideration is granted; upon reconsideration, the Court adheres to its earlier determinations. SO ORDERED (Signed by Judge Lawrence M. McKenna on 8/22/2007) Copies Mailed By Chambers.(jmi) (Entered: 08/27/2007)
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Request |
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299 |
Filed: 8/2/2007, Entered: 8/3/2007 |
Reply Memorandum of Law in Support |
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REPLY MEMORANDUM OF LAW in Support of their Motion for Reconsideration of the Court's June 15, 2007 Memorandum and Order. (djc) (Entered: 08/03/2007)
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Request |
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298 |
Filed: 7/26/2007, Entered: 7/27/2007 |
Stipulation and Order |
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STIPULATION AND ORDER, that the time for the following defendants is extended to 9/24/07 to answer the Fourth Amended Complaint. UnitedHealth Group Incorporated answer due 9/24/2007; United Healthcare Insurance Company answer due 9/24/2007; United Healthcare Insurance Company of New York answer due 9/24/2007; United Healthcare of the Midwest, Inc. answer due 9/24/2007; American Airlines, Inc. answer due 9/24/2007; United Healthcare Corporation answer due 9/24/2007; United Healthcare Services, Inc. answer due 9/24/2007. (Signed by Judge Lawrence M. McKenna on 7/26/07) (cd) (Entered: 07/27/2007)
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Request |
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Save 25% on a pre-paid one year subscription. |
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297 |
Filed: 7/24/2007, Entered: 7/27/2007 |
Motion to Substitute Attorney |
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MOTION for an Order granting pltffs request to substitute Wilentz, Goldman & Spitzer as co-lead counsel for pltffs in this action.(jp) (Entered: 07/27/2007)
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Request |
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296 |
Filed: 7/23/2007, Entered: 7/25/2007 |
Appendix |
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APPENDIX OF UNPUBLISHED OPINIONS CITED IN DEFENDANTS' MEMORANDUM OF LAW IN OPPOSITION TO PLAINITIFFS' MOTION FOR RECONSIDERATION OF THE COURT'S JUNE 15,2007 MEMORANDUM AND RECONSIDERATION OF THE COURT'S JUNE 15, 2007 MEMORANDUM AND ORDER. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc..(laq) (Entered: 07/25/2007)
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Request |
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295 |
Filed: 7/23/2007, Entered: 7/25/2007 |
Memorandum of Law in Opposition |
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MEMORANDUM OF LAW in Opposition TO PLAINTIFFS' MOTION FOR RECONSIDERATION OF THE COURT'S JUNE 15, 2007 MEMORANDUM OF LAW. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.. (laq) (Entered: 07/25/2007)
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Request |
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294 |
Filed: 7/11/2007, Entered: 7/13/2007 |
Amended Complaint |
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FOURTH AMENDED COMPLAINT against UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation, United Healthcare Services, Inc.Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum.(tro) (Entered: 07/13/2007)
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Request |
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293 |
Filed: 7/3/2007, Entered: 7/6/2007 |
Motion for Summary Judgment |
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MOTION for an order, granting summary judgment in favor of Defendants with respect to Plaintiffs' Unexhausted Claims for benefits under ERISA... Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, The American Medical Association, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. Received in the night deposit box on 7/3/07 at 8:06 p.m..(sac) (Entered: 07/06/2007)
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Request |
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292 |
Filed: 6/18/2007, Entered: 6/20/2007 |
Memo Endorsement |
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MEMO ENDORSEMENT on memorandum of law in support of the United Defendants' Motion to Strike the Intervenor Union Plaintiffs' Motion for Partial Summary Judgment Relating to the Empire Plan. This motion is granted, and the intervenor plaintiffs motion for partial summary judgment relating to the Empire Plan is stricken, without prejudice to renewal upon completion of discovery. (The date by which all discovery is to be completed may be fixed by Judge Gorenstein in his answer.) SO ORDERED. (Signed by Judge Lawrence M. McKenna on 6/15/2007) (jmi) (Entered: 06/20/2007)
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Request |
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291 |
Filed: 6/18/2007, Entered: 6/19/2007 |
Order |
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MEMORANDUM AND ORDER: Defts' motion for summary judgment regarding the Stage One issues is Granted in part and Denied in part. It is granted with respect to Plts' Unexhausted Claims for benefits under ERISA, Plts' Exemplar Claims for benefits under ERISA, the Medical Association Plts' claims for benefits and for breach of fiduciary duty under ERISA, Plts' ERISA claims for monetary benefits against Ingenix, and Plts' ERISA claims for monetary benefits against United Defts in relation to the American Airlines, Chase, and Osram Plans; the motion is denied in all other respects. (Signed by Judge Lawrence M. McKenna on 6/15/2007) (jar) (Entered: 06/19/2007)
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290 |
Filed: 3/5/2007, Entered: 3/6/2007 |
Order |
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ORDER: Accordingly, Counterclaim Defendants' motion to dismiss counts I, II, and IV is GRANTED. Counterclaim Defendants' motion to dismiss count III is DENIED and Count III stands insofar as it seeks declatory and injunctive relief relating to Dr. Attkiss's future billing practices. (Signed by Judge Lawrence M. McKenna on 3/5/07) (js) (Entered: 03/06/2007)
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Request |
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289 |
Filed: 12/29/2006, Entered: 12/29/2006 |
Order |
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MEMORANDUM AND ORDER; plaintiff's motion for leave to amend is GRANTED except as to any proposed claims that are based on injuries incurred prior to 1/15/2000. (Signed by Judge Lawrence M. McKenna on 12/29/06) (kco, ) (Entered: 12/29/2006)
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Request |
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288 |
Filed: 11/8/2006, Entered: 11/13/2006 |
~Notice (other) |
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NOTICE of Supplemental Authority in Support of Plaintiff's Motion to File an Amendment in Opposition to Plaintiffs' Motion to File an Amendment to the Third Amended Complaint and in Opposition to Defendants' Motion for Summary Judgment. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (jmi, ) (Entered: 11/13/2006)
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Request |
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286 |
Filed: 9/18/2006, Entered: 9/20/2006 |
Response |
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RESPONSE to Defendants' Notice of Supplemental Authority in Opposition to Plaintiffs' Motion to File an Amendment in Opposition to Plaintiffs' Motion to File an Amendment to the Third Amended Complaint and in support of Defendants' Motion for Summary Judgment. Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, The American Medical Association, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, William B. Ericson, Jr, The Medical Society of the State of New York, Matthew Crema, Michael J. Attkiss, The Missouri State Medical Association, John Marcum. (ae, ) (Entered: 09/20/2006)
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Request |
 |
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285 |
Filed: 8/22/2006, Entered: 8/23/2006 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: plntfs' Motion for Leave to File an Amendment to the Third Amended Complaint. Document filed by United Healthcare Corporation. (cd, ) (Entered: 08/23/2006)
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Request |
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284 |
Filed: 8/15/2006, Entered: 8/17/2006 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition to Plaintiffs' Motion for Leave to File an Amendment to the Thrid Amended Complaint and in Support of Defts' Motion for Summary Judgment. Document filed by United Healthcare Corporation et al. (cd, ) (Entered: 08/17/2006)
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Request |
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283 |
Filed: 4/11/2006, Entered: 4/12/2006 |
Response |
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RESPONSE to Plaintiffs' Notice of Additional Supplemental Authority. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., American Airlines, Inc., United Healthcare Corporation. (djc, ) (Entered: 04/12/2006)
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Request |
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282 |
Filed: 4/4/2006, Entered: 4/5/2006 |
Response |
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PLAINTIFFS' RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY, AND PLAINTIFFS' NOTICE OF ADDITIONAL SUPPLEMENTAL AUTHORITY Document filed by Edward F. Mitchell, Jr, Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson, Jr, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple. (jco, ) (Entered: 04/05/2006)
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Request |
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281 |
Filed: 3/24/2006, Entered: 3/27/2006 |
~Notice (other) |
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NOTICE of of Supplemental Authority. Document filed by UnitedHealth Group Incorporated, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., United Healthcare Services of Minnesota, Inc., Ingenix, Inc., American Airlines, Inc., United Healthcare Corporation. (djc, ) (Entered: 03/27/2006)
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Request |
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280 |
Filed: 10/24/2005, Entered: 10/25/2005 |
Stipulation and Order |
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AGREED ORDER FOR PRESERVATION OF RECORDS: The obligation of the parties and the non-party preservation entities to preserve documents in this action are set forth in this order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/21/2005) (lb, ) (Entered: 10/25/2005)
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Request |
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279 |
Filed: 11/5/2004, Entered: 11/9/2004 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: 266 MOTION to Strike. Document filed by United Healthcare Corporation et al. (kw, ) (Entered: 11/09/2004)
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Request |
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278 |
Filed: 11/5/2004, Entered: 11/9/2004 |
Reply Memorandum of Law in Support of Motion |
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REPLY MEMORANDUM OF LAW in Support re: 265 MOTION to Strike. Document filed by United Healthcare Corporation. (kw, ) (Entered: 11/09/2004)
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Request |
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277 |
Filed: 10/27/2004, Entered: 10/28/2004 |
Order on Motion for Leave to File Excess Pages |
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ORDER granting 275 Motion for Leave to File Excess Pages . Granted. So Ordered.(Signed by Judge Lawrence M. McKenna on 10/27/04) (jco, ) (Entered: 10/28/2004)
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Request |
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275 |
Filed: 10/20/2004, Entered: 10/25/2004 |
Motion for Leave to File Excess Pages |
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PLAINTIFFS' MOTION for Leave to File Reply Memorandum of LAw in Excess of ten Page limit. Document filed by S. Joseph Domina, Clifford E., William B. Ericson Jr., Colleen Finley, David Finley, Susie Grisham, Edward F. Mitchell Jr., Peter Oborski, Paul Steinberg, Janet Stravitz, Sandra Taylor, Gail Temple, Michele S. Wilson. (djc, ) (Entered: 10/25/2004)
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Request |
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274 |
Filed: 10/20/2004, Entered: 10/25/2004 |
Declaration in Support |
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DECLARATION of Barbara Gail Quackenbos in Further Support of Plaintiffs' Motion for Leave to file the Amendment. (djc, ) (Entered: 10/25/2004)
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Request |
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273 |
Filed: 10/20/2004, Entered: 10/25/2004 |
Reply Memorandum of Law in Support |
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PLAINTIFF'S REPLY MEMORANDUM OF LAW in Further Support of Plaintiffs' Motion for Leave to file an Amendment to their complaint. Document filed by S. Joseph Domina. (djc, ) (Entered: 10/25/2004)
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Request |
 |
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272 |
Filed: 10/20/2004, Entered: 10/22/2004 |
Reply Memorandum of Law in Support |
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PLAINTIFFS' REPLY MEMORANDUM OF LAW in Further Support Of Plaintiffs' Motion For Leave To File An Amendment To Their Complaint. Document filed by Michael J. Attkiss, Matthew Crema, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson Jr., Colleen Finley, David Finley, John Marcum, Edward F. Mitchell Jr., Sandra Taylor, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (jmi, ) (Entered: 10/22/2004)
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Request |
 |
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271 |
Filed: 10/18/2004, Entered: 10/21/2004 |
Stipulation and Order |
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STIPULATION AND ORDER that plaintiffs' time to serve and file reply papers in support of their motion for leave to file an amendment to the Third amended complaint shall be extended from 10/15/2004 to 10/20/2004. (Signed by Judge Lawrence M. McKenna on 10/18/2004) (jsa, ) (Entered: 10/21/2004)
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Request |
 |
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270 |
Filed: 10/8/2004, Entered: 10/13/2004 |
Stipulation and Order |
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STIPULATION AND ORDER; The plaintiffs' tme to serve by hand, and file, papers in opposition to the defendants' motion to strike plaintiffs' responses to defendant's statement of undisputed facts, and motion to strike the affidavits of D. Brian Hufford and Barry M. Epstein shall be extended from October 7, 2004 to October 22, 2004; The defendants shall have until November 5, 2004 to serve and file reply papers in support of the motion to strike plaintiff's responses to defendants' statement of undisputed facts, and motion to strike the affidavits of D. Brian Hufford and Barry M. Epstein. (Signed by Judge Lawrence M. McKenna on 10/8/04) (djc, ) Modified on 10/13/2004 (djc, ). (Entered: 10/13/2004)
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Request |
 |
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269 |
Filed: 9/27/2004, Entered: 9/29/2004 |
Stipulation and Order |
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STIPULATION AND ORDER, plntfs' time to serve and file reply papers in support of their Motion to Amend the Third Amended Complaint is extended to 10/15/04. (Signed by Judge Lawrence M. McKenna on 9/20/04) (cd, ) (Entered: 09/29/2004)
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Request |
 |
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268 |
Filed: 9/24/2004, Entered: 9/28/2004 |
Reply Memorandum of Law in Support |
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REPLY MEMORANDUM OF LAW in Support Of Defendants' Motion For Summary Judgment As To The Claims Of Plaintiffs Coull, Domina, Steinberg, Grishams, Mitchell, Finleys, Attkiss, Marcum, Ericson, American Medical Assoication, New York State Medical Society, And Missouri State Medical Society, And For Partial Summary Judgment As To The Claims Of Plaintiffs Taylor, Wilson And Oborski. Document filed by American Airlines, Inc., Ingenix, Inc., Metropolitan Life Insurance Company, United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare Services, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (jmi, ) (Entered: 09/28/2004)
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Request |
 |
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267 |
Filed: 9/24/2004, Entered: 9/28/2004 |
Motion for Leave to File Excess Pages |
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DEFENDANTS' MOTION to File A Reply Memorandum Of Law In Excess Of Ten Pages. Document filed by American Airlines, Inc., Ingenix, Inc., United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Services of Minnesota, Inc., United Healthcare Services, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (jmi, ) (Entered: 09/28/2004)
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Request |
 |
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266 |
Filed: 9/24/2004, Entered: 9/28/2004 |
Motion to Strike |
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DEFENDANTS' MOTION to Strike Plaintiffs' Responses To Defendants' Statement Of Undisputed Facts And Memorandum Of Law In Support Thereof. Document filed by American Airlines, Inc., Ingenix, Inc., United Healthcare Corporation. (jmi, ) (Entered: 09/28/2004)
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Request |
 |
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265 |
Filed: 9/24/2004, Entered: 9/28/2004 |
Motion to Strike |
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DEFENDANTS" MOTION to Strike The Affidavits Of D. Brian Hufford And Barry M. Epstein And Memorandum Of Law In Support Thereof. Document filed by American Airlines, Inc.. (jmi, ) (Entered: 09/28/2004)
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Request |
 |
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263 |
Filed: 9/9/2004, Entered: 9/22/2004 |
~Notice (other) |
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NOTICE of of Change of Address. The undersigned counsel (JOnathan L.Alpert hereby gives Notice of Change of Address effective immediately from 401 E. Jackson Street, Suite 1825, Tampa Fl to 5920 River Terrace, TAmpa, FL 33604. (djc, ) (Entered: 09/22/2004)
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Request |
 |
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262 |
Filed: 9/15/2004, Entered: 9/17/2004 |
~Notice (other) |
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NOTICE of Filing of Supplemental authority in support of Plaintiffs' opposition to Defendants' motion for summary judgment as to the claims of Plaintiffs coull, Steinberg, Grishams, Mitchell, Finleys, Domina, Attkiss, Marcum, Erison, American Medical Association, New York State Medical Society and Missouri State Medical Socitey, and Defendants' Motion for Partial Summary Judgment as to the claims of Plaintiffs Taylor, Wilson, and Oborski. (sac, ) (Entered: 09/17/2004)
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Request |
 |
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261 |
Filed: 9/10/2004, Entered: 9/16/2004 |
Memorandum of Law in Opposition |
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MEMORANDUM OF LAW in Opposition to plaintiffs motion for leave to file an amendment to the Third Amended Complaint; along with Appendix of unpublished opinions. Document filed by American Airlines, Inc., Ingenix, Inc., United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (pl, ) Modified on 9/16/2004 (pl, ). (Entered: 09/16/2004)
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Request |
 |
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260 |
Filed: 9/10/2004, Entered: 9/16/2004 |
Motion for Leave to File Document |
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MOTION for Leave to File Memorandum of Law in excess of twenty-five pages. Document filed by American Airlines, Inc., Ingenix, Inc., United Healthcare Corporation, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (pl, ) (Entered: 09/16/2004)
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Request |
 |
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258 |
Filed: 8/27/2004, Entered: 8/31/2004 |
Affidavit in Support of Motion |
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AFFIDAVIT of Adam K. Grant in Support re: 242 MOTION to Strike.. Document filed by United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare Services, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (jmi, ) (Entered: 08/31/2004)
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Request |
 |
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257 |
Filed: 8/26/2004, Entered: 8/31/2004 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 242 MOTION to Strike.. Document filed by United Healthcare Corporation. (jmi, ) (Entered: 08/31/2004)
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Request |
 |
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256 |
Filed: 8/12/2004, Entered: 8/16/2004 |
Certificate of Service Other |
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CERTIFICATE OF SERVICE of Affidavit, of D. Brian Hufford, Esq. Affidavit of Bary M. Epstein, Esq., Plaintiffs' Responses, Memorandum of Law in opposition and Motion of Plaintiffs to file a Memorandum of Law in Excess of 25 pages. served on Nicholas Pappas, Esq. on 8/11/04. Service was made by FedEx. Document filed by Helene Coull, S. Joseph Domina, Clifford E., William B. Ericson Jr., Colleen Finley, David Finley, Mary Gilmartin, Michael Grisham, Susie Grisham, Edward F. Mitchell Jr., Peter Oborski, Toby Ann Stavisky, Paul Steinberg, Janet Stravitz, Sandra Taylor, Gail Temple, Michele S. Wilson. (pl, ) (Entered: 08/16/2004)
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Request |
 |
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254 |
Filed: 8/4/2004, Entered: 8/4/2004 |
Scheduling Order |
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SCHEDULING ORDER:Defendants time to serve and file papers in opposition to the motion for leave to file an amendment to the third amended complaint Response due by 9/10/2004 Replies due by 10/1/2004. (Signed by Judge Lawrence M. McKenna on 8/3/2004) (jsa, ) (Entered: 08/04/2004)
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Request |
 |
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253 |
Filed: 7/29/2004, Entered: 7/30/2004 |
Affidavit in Opposition to Motion |
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AFFIDAVIT of Robert J. Axelrod in Opposition re: 242 MOTION to Strike.. Document filed by Michael J. Attkiss, Matthew Crema, S. Joseph Domina, Clifford E., William B. Ericson, William B. Ericson Jr., Cynthia Falk, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell Jr., Paul Steinberg, Janet Stravitz, Sandra Taylor, Gail Temple, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (jmi, ) (Entered: 07/30/2004)
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Request |
 |
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252 |
Filed: 7/29/2004, Entered: 7/30/2004 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW in Opposition re: 242 MOTION to Strike.. Document filed by Michael J. Attkiss, Matthew Crema, S. Joseph Domina, Clifford E., William B. Ericson, Cynthia Falk, Colleen Finley, David Finley, John Marcum, Edward F. Mitchell Jr., Janet Stravitz, Sandra Taylor, Gail Temple, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michele S. Wilson. (jmi, ) (Entered: 07/30/2004)
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Request |
 |
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251 |
Filed: 7/12/2004, Entered: 7/29/2004 |
Memorandum to the Docket Clerk |
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MEMORANDUM TO THE DOCKET CLERK: that a telephone conference was held in this case on 7/12/04 @10:00 a.m. (pl, ) (Entered: 07/29/2004)
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Request |
 |
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250 |
Filed: 7/23/2004, Entered: 7/27/2004 |
Stipulation and Order |
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STIPULATION AND ORDER: the Plan Participant Plaintiffs' response in opposition to the defendants' motion for summary judgment due by 8/10/2004. Reply due by 9/24/2004. (Signed by Judge Lawrence M. McKenna on 7/23/04) (kw, ) (Entered: 07/27/2004)
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Request |
 |
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249 |
Filed: 7/16/2004, Entered: 7/20/2004 |
Affidavit in Support |
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AFFIDAVIT of Robert J. Axelrod in Support of Motion for leave to file an amendment to the third amended complaint. (sac, ) (Entered: 07/20/2004)
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Request |
 |
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248 |
Filed: 7/16/2004, Entered: 7/20/2004 |
Memorandum of Law in Support |
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MEMORANDUM OF LAW in Support of Motion for leave to file an amendment to the third amended complaint. Document filed by Co-Lead Counsel. (sac, ) (Entered: 07/20/2004)
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Request |
 |
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246 |
Filed: 6/30/2004, Entered: 7/2/2004 |
Stipulation and Order |
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STIPULATION AND ORDER; the intervenor Union Plaintiffs' time to serve and file papers in opposition to the United Defendants' Motion t Strike the Intervenore Uniotn Plaintiffs' Motion for Partial Summary Judgment relating to The Empire Plan shall be extended from June 23,2004 to July 29, 2004; The United Defendants shall have until August 30, 2004 to serve and file reply papers in support of their motion to strike the Intervenor Union Plaitnffs' motion for partie summarty judgmet relating to the empire Plan. The Plan Participant plaintiffs, Provider plaintiffs and Association Plaintiffs' time to serve and file papers in opposition to the Defendants' motion for summary judgment as to the Claims of Plaintiffs as stated in parag. #3 shall be extended from June 10, 2004 to August 3, 2004. The Defendants shall have until 09/03/04 to serve and file reply papers in support of their motion for summary judgment as to the claims of plaintiffs as stated in parag. #4) (Signed by Judge Lawrence M. McKenna on 6/28/04) (djc, ) (Entered: 07/02/2004)
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Request |
 |
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245 |
Filed: 6/1/2004, Entered: 6/2/2004 |
Reply Memorandum of Law in Support of Motion |
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Reply Memorandum of law in support of the motion of The American Medical Association, The Medical Society of the State of New York, the Missouri State Medical Association, Michael J. Attkiss, M.D., William B. Ericson, M.D. and John Marcum, M.D. to dismiss the counterclaim, complaint or in the alternative to strike. (dle, ) (Entered: 06/02/2004)
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Request |
 |
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244 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Appendix |
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APPENDIX of Unpublished opinions in support of 242 MOTION to Strike. Document filed by United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated.(db, ) Modified on 5/27/2004 (db, ). receive din night deposit box on 5/26/04 at 6:06 p.m. (Entered: 05/27/2004)
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Request |
 |
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243 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW in Support re: 242 MOTION to Strike. Document filed by United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. received in night deposit box on 5/26/04 at 6:06 p.m. (db, ) (Entered: 05/27/2004)
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Request |
 |
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242 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Motion to Strike |
|
MOTION to Strike the intervenor Union plaintiffs' motion for partial summary judgment relating to the Empire Plan. Document filed by United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York, United Healthcare Services of Minnesota, Inc., United Healthcare of the Midwest, Inc., UnitedHealth Group Incorporated. (db, ) (Entered: 05/27/2004)
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Request |
 |
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241 |
Filed: 5/26/2004, Entered: 5/27/2004 |
Motion for Leave to File Excess Pages |
|
MOTION for an Order to file a memorandum of law in Excess of twenty-five Pages. Document filed by United Healthcare Corporation. Appendix attached. (jco, ) Modified on 5/27/2004 (db, ). Received in night deposit box on 5/26/04 at 6:05 p.m. (Entered: 05/27/2004)
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Request |
 |
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238 |
Filed: 5/25/2004, Entered: 5/26/2004 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Robert J. Axelrod dated 5/24/04 re: co-lead counsel for plaintiffs requests leave to file a reply brief in excess of the 10 page limit. Application GRANTED. (Signed by Judge Lawrence M. McKenna on 5/25/04) (db, ) (Entered: 05/26/2004)
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|
Request |
 |
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|
237 |
Filed: 5/20/2004, Entered: 5/21/2004 |
Scheduling Order |
|
SCHEDULING ORDER: Motions due by 5/26/2004. Responses due by 6/23/2004 Replies due by 7/8/2004. (Signed by Judge Lawrence M. McKenna on 5/20/2004) (jsa, ) (Entered: 05/21/2004)
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Request |
 |
|
|
236 |
Filed: 5/18/2004, Entered: 5/19/2004 |
Stipulation and Order |
|
STIPULATION AND ORDER: the counterclaim defendants' time to serve and file a memorandum of law and any accompanying papers in reply in support of their motion to dismiss the counterclaim complaint, or to strike is due 6/1/04. (Signed by Judge Lawrence M. McKenna on 5/17/04) (db, ) (Entered: 05/19/2004)
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|
Request |
 |
|
|
233 |
Filed: 5/13/2004, Entered: 5/14/2004 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 232 MOTION for Summary Judgment. Document filed by Cynthia Falk, Mary Gilmartin, Gail Temple. (db, ) (Entered: 05/14/2004)
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|
Request |
 |
|
|
232 |
Filed: 5/13/2004, Entered: 5/14/2004 |
Motion for Summary Judgment |
|
MOTION for an Order for partial Summary Judgment. Document filed by Mary Gilmartin, Toby Ann Stavisky. (jco, ) (Entered: 05/14/2004)
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|
Request |
 |
|
|
231 |
Filed: 3/24/2004, Entered: 3/26/2004 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW in Opposition to Counterclaim Defendants' re: 220 MOTION to Dismiss the Complaint or, in the alternative, to Srike. Compendium of Unpublished Authorities attached. Document filed by American Airlines, Inc., United Healthcare Corporation, United Healthcare Insurance Company, United Healthcare Insurance Company of New York. (ps, ) (Entered: 03/26/2004)
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Request |
 |
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230 |
Filed: 3/25/2004, Entered: 3/25/2004 |
Transcript |
|
TRANSCRIPT of proceedings held on 1/22/04 before Judge Gabriel W. Gorenstein.(tr, ) (Entered: 03/25/2004)
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|
Request |
 |
|
|
229 |
Filed: 9/3/2003, Entered: 3/3/2004 |
Transcript |
|
TRANSCRIPT of proceedings held on 7/15/03 before Judge Gabriel W. Gorenstein.(cd, ) (Entered: 03/03/2004)
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|
Request |
 |
|
|
228 |
Filed: 2/26/2004, Entered: 3/1/2004 |
Stipulation and Order |
|
STIPULATION AND ORDER;that the counterclaim plaintiff?s time to serve and file a memorandum of law and any accompanying papers in opposition to the motion of the American Medical Association, The Medical Society of the State of N.Y., The Missouri State Medical Association, Michael J. Attkiss, William B. Ericson, and John Marcum to dismiss the Counterclaim Complaint, or in the Alternative, to Strike is extended from 2/24/04, to and including 3/24/04; Counterclaim defendants shall then have up to and including 5/17/04, to serve and file a memorandum of law and any accompanying papers in reply in support of the motion of the American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association, Michael J. Attkiss, William B. Ericson, and John Marcum to Dismiss the Counterclaim Complaint, or in the Alternative, to Strike. (Signed by Judge Lawrence M. McKenna on 2/25/04) (pl, ) (Entered: 03/01/2004)
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|
Request |
 |
|
|
227 |
Filed: 2/17/2004, Entered: 2/17/2004 |
Transcript |
|
TRANSCRIPT of proceedings held on 1/22/04 before Judge Gabriel W. Gorenstein.(kw, ) (Entered: 02/17/2004)
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Request |
 |
|
|
226 |
Filed: 1/29/2004, Entered: 2/5/2004 |
Endorsed Letter |
|
ENDORSED LETTER addressed to Judge Lawrence M. McKenna from Elizabeth M. Avery dated 1/28/04 re: Counsel for United Healthcare Corp. writes to request leave to file an opposition brief (due 2/24/04) in excess of the 25-page limit contained in the Court's individual rules of practice. In order to adequately respond to the AMA's arguments, we seek leave from this Court to file an opposition brief of up to 50-pages. Approved. So Ordered. (Signed by Judge Victor Marrero on 1/29/04) (jco, ) (Entered: 02/05/2004)
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Request |
 |
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225 |
Filed: 1/23/2004, Entered: 1/30/2004 |
Transcript |
|
TRANSCRIPT of proceedings held on 1/22/04 before Judge Gabriel W. Gorenstein.(moc, ) (Entered: 01/30/2004)
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|
Request |
 |
|
|
224 |
Filed: 1/9/2004, Entered: 1/21/2004 |
Remark |
|
Compendium of Unpublished Authorities. Document filed by Michael J. Attkiss, William B. Ericson, John Marcum, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (jge, ) (Entered: 01/21/2004)
|
|
Request |
 |
|
|
223 |
Filed: 1/9/2004, Entered: 1/21/2004 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Robert J. Axelrod in Support re: 220 MOTION to Dismiss. Document filed by Michael J. Attkiss, William B. Ericson, John Marcum, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (jge, ) (Entered: 01/21/2004)
|
|
Request |
 |
|
|
222 |
Filed: 1/9/2004, Entered: 1/21/2004 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW in Support re: 220 MOTION to Dismiss. Document filed by Michael J. Attkiss, William B. Ericson, John Marcum, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (jge, ) (Entered: 01/21/2004)
|
|
Request |
 |
|
|
221 |
Filed: 1/9/2004, Entered: 1/21/2004 |
Motion for Leave to File Excess Pages |
|
MOTION for Leave to File a Memorandum of Law in Excess of Twenty-Five Pages. Document filed by Michael J. Attkiss, William B. Ericson, John Marcum, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (jge, ) (Entered: 01/21/2004)
|
|
Request |
 |
|
|
220 |
Filed: 1/9/2004, Entered: 1/21/2004 |
Motion to Dismiss |
|
MOTION to Dismiss the Counterclaim Complaint for Failure to State a Cause of Action Under Rule 12(b)(6) and to Strike Irrelevant Allegations Under Rule 12(f). Document filed by Michael J. Attkiss, William B. Ericson, John Marcum, The American Medical Association, The Medical Society of the State of New York, The Missouri State Medical Association. (jge, ) (Entered: 01/21/2004)
|
|
Request |
 |
|
|
219 |
Filed: 1/9/2004, Entered: 1/9/2004 |
Transcript |
|
TRANSCRIPT of proceedings held on 11/14/03 before Judge Gabriel W. Gorenstein.(pr, ) (Entered: 01/09/2004)
|
|
Request |
 |
|
|
218 |
Filed: 12/12/2003, Entered: 12/31/2003 |
Reply Memorandum of Law in Support |
|
REPLY MEMORANDUM OF LAW in Support of plaintiffs' motion to compel disclosure of documents contained in defendants' privilege log. Document filed by S. Joseph Domina, Clifford E., William B. Ericson Jr., Colleen Finley, David Finley, Edward F. Mitchell Jr., Sandra Taylor, Michele S. Wilson. (jco, ) (Entered: 12/31/2003)
|
|
Request |
 |
|
|
217 |
Filed: 12/12/2003, Entered: 12/31/2003 |
Reply Memorandum of Law in Support |
|
REPLY MEMORANDUM OF LAW in Support of plaintiffs' motion to compel disclosure of documents contained in Defendants' privilege Log. Document filed by S. Joseph Domina, Clifford E., William B. Ericson Jr., Colleen Finley, David Finley, Edward F. Mitchell Jr., Sandra Taylor, Michele S. Wilson. (jco, ) (Entered: 12/31/2003)
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|
Request |
 |
|
|
216 |
Filed: 12/10/2003, Entered: 12/28/2003 |
Order |
|
ORDER; defts are directed to submit the documents requested on this Order before 12/15/03. The materials shall be addressed to Magistrate Judge Gorenstein, and delivered to the mailroom at 40 Centre Street. (Signed by Judge Gabriel W. Gorenstein on 12/8/03) Copies mailed by Chambers.(Pecorino, Joseph) (Entered: 12/28/2003)
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|
Request |
 |
|
|
215 |
Filed: 11/21/2003, Entered: 11/22/2003 |
Stipulation and Order |
|
STIPULATION and ORDER; the counterclaim defendants' time to respond to the counterclaim plaintiffs' counterclaim complaint is extended from November 24, 2003 to and including 01/09/04; in the event the counterclaim defendants respond to the counterclaim and complaint by way of motion, counterclaim plaintiffs shall have up to and including 02/24/04, to serve and file a memorandum of law and any accompanying papers in opposition to such motion. Counterclaim defendants shall then have up to and including 3/24/04, to serve and file a memorandum of law and any accompanying ppapers in reply with respect to such motion ( signed by Judge Lawrence M. McKenna ) (djc) (Entered: 11/22/2003)
|
|
Request |
 |
|
|
214 |
Filed: 11/18/2003, Entered: 11/18/2003 |
Transcript |
|
Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 11/14/03. (pl) (Entered: 11/18/2003)
|
|
Request |
 |
|
|
213 |
Filed: 11/12/2003, Entered: 11/14/2003 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Brian W. Kemper by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., William B. Ericson Jr. in support of [212-1] opposition memorandum . (db) (Entered: 11/14/2003)
|
|
Request |
 |
|
|
212 |
Filed: 11/12/2003, Entered: 11/14/2003 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., William B. Ericson Jr.in opposition to pltffs motion to compel disclosure of privileged documents. (db) (Entered: 11/14/2003)
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|
Request |
 |
|
|
211 |
Filed: 11/12/2003, Entered: 11/14/2003 |
Affidavit |
|
AFFIDAVIT of Richard E. Ramsay. (db) (Entered: 11/14/2003)
|
|
Request |
 |
|
|
210 |
Filed: 11/12/2003, Entered: 11/13/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 11/13/2003)
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|
|
 |
|
|
209 |
Filed: 11/5/2003, Entered: 11/5/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 9/12/03. (df) (Entered: 11/05/2003)
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Request |
 |
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208 |
Filed: 11/5/2003, Entered: 11/5/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 9/26/03. (df) (Entered: 11/05/2003)
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Request |
 |
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207 |
Filed: 10/20/2003, Entered: 10/23/2003 |
Memorandum of Law in Support of Motion |
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MEMORANDUM OF LAW by The A.M.A., The Medical Soc. NY, Matthew Crema, Michael J. Attkiss, Edward F. Mitchell Jr., Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, Michael Grisham, Susie Grisham, Paul Steinberg in support of plaintiffs' motion to compel disclosure of documents contained in defendants' privilege log. (yv) (Entered: 10/23/2003)
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Request |
 |
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206 |
Filed: 10/20/2003, Entered: 10/23/2003 |
Declaration in Support of Motion |
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DECLARATION of A. Ross Pearlson by The A.M.A., The Medical Soc. NY, Matthew Crema, Michael J. Attkiss, Edward F. Mitchell Jr., Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, Michael Grisham, Susie Grisham, Paul Steinberg in support Re: plaintiff's motion to compel disclosure of documents contained in defendants' privelge log. (yv) (Entered: 10/23/2003)
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Request |
 |
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205 |
Filed: 10/10/2003, Entered: 10/15/2003 |
Endorsed Letter |
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Memo-Endorsement on letter addressed to Magistrate Judge Gorenstein from Barry M. Epstein, dated 10/9/03. Re:, counsel for plaintiff requests that the court order dft to make Mr. Goggin available in an expeditious fashion. Counsel for plaintiff is directed to discuss this matter in person or by telephone with Mr. Pappas. If the matter is not resolved, plaintiffs have leave to file a motion in compliance with the local civil rules without need for a premotion conference . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (dle) (Entered: 10/15/2003)
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Request |
 |
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204 |
Filed: 10/1/2003, Entered: 10/3/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein on 9/26/03. (kw) (Entered: 10/03/2003)
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Request |
 |
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203 |
Filed: 10/1/2003, Entered: 10/2/2003 |
Memorandum to the Docket Clerk |
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Memorandum to Docket Clerk: PRETRIAL CONFERENCE held before Magistrate Judge Gabriel W. Gorenstein on 9/26/03. (kw) (Entered: 10/02/2003)
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Request |
 |
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202 |
Filed: 9/30/2003, Entered: 10/1/2003 |
Answer |
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ANSWER to Complaint by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, United Healthcare, United Healthcare, United Healthcare (Attorney Nicholas J. Pappas, Jeffrey L. Kessler, Jeffrey S. Klein, James W. Quinn from the Firm: Weil, Gotshal & Manges) . (dle) (Entered: 10/01/2003)
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Request |
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201 |
Filed: 9/26/2003, Entered: 9/29/2003 |
Stipulation and Order |
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STIPULATION and ORDER, hat dfts' time to respond to the complaint in Intervention is extended from 9/22/03 to 9/29/03; this stipulation and order shall be without prejudice to the parties' positions with respect to matters relating to discovery . ( signed by Judge Lawrence M. McKenna ) (dle) (Entered: 09/29/2003)
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Request |
 |
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200 |
Filed: 9/17/2003, Entered: 9/19/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 9/12/03. (tr) (Entered: 09/19/2003)
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Request |
 |
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199 |
Filed: 9/12/2003, Entered: 9/18/2003 |
Memorandum to the Docket Clerk |
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Memorandum to Docket Clerk: A pre-trial conference was held on 9/12/03 before Magistrate Judge Gorenstein. Discovery order issued. (moc) (Entered: 09/18/2003)
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Request |
 |
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198 |
Filed: 9/11/2003, Entered: 9/16/2003 |
Stipulation and Order |
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STIPULATION and ORDER, the counterclaim defendants' time to respond to the counterclaim plaintiffs' Counterclaim Complaint is extended to 11/24/03 . ( signed by Judge Lawrence M. McKenna ) (kw) (Entered: 09/16/2003)
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Request |
 |
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197 |
Filed: 9/10/2003, Entered: 9/11/2003 |
Stipulation and Order |
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STIPULATION and ORDER; answer due to complaint for United HealthCare Corporation n/k/a UnitedHealth Group Incorporated and United HealthCare Service Corp. 5/21/03 . ( signed by Judge Lawrence M. McKenna ) (jco) (Entered: 09/11/2003)
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Request |
 |
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196 |
Filed: 8/21/2003, Entered: 9/3/2003 |
Memorandum to the Docket Clerk |
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Memorandum to Docket Clerk: Pretrial conference held on 8/20/03 at 10:00 a.m. (ph) (Entered: 09/03/2003)
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Request |
 |
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195 |
Filed: 9/2/2003, Entered: 9/2/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 7/21/03. (df) (Entered: 09/02/2003)
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Request |
 |
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194 |
Filed: 7/18/2003, Entered: 8/27/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 5/20/02. (tr) (Entered: 08/27/2003)
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Request |
 |
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193 |
Filed: 8/22/2003, Entered: 8/25/2003 |
Order |
|
ORDER, that for the reasons set forth, the Court denies United defendants' [127-1]; [124-1,2,3] motion to compel arbitration and its motion to dismiss. ( signed by Judge Lawrence M. McKenna ); Copies mailed by Chambers. (tp) (Entered: 08/25/2003)
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Request |
 |
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192 |
Filed: 8/13/2003, Entered: 8/18/2003 |
Order |
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ORDER; granting [191-1] motion for Penny P. Reid and Gayle E. Rosenstein to appear pro hac vice for defts. ( signed Judge Lawrence M. McKenna ); Forwarded to attorney admissions clerk. (jco) (Entered: 08/18/2003)
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Request |
 |
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191 |
Filed: 8/8/2003, Entered: 8/11/2003, Terminated: 8/13/2003 |
Motion to Appear Pro Hac Vice |
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NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare for Penny P. Reid and Gayle E. Rosenstein to appear pro hac vice for defts ; Return Date not indicated (cd) (Entered: 08/11/2003)
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Request |
 |
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190 |
Filed: 7/24/2003, Entered: 7/28/2003 |
Transcript |
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Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 7/21/03. (cd) (Entered: 07/28/2003)
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Request |
 |
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189 |
Filed: 7/18/2003, Entered: 7/18/2003 |
Stipulation and Order |
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STIPULATION and ORDER, The counterclaim defendants' time to respond to the counterclaim plaintiffs' counterclaim complaint is extended from 7/21/03 to and including 9/22/03. ( signed by Judge Lawrence M. McKenna ) (sb) (Entered: 07/18/2003)
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Request |
 |
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188 |
Filed: 7/14/2003, Entered: 7/15/2003 |
Order |
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ORDER, granting [185-1] motion for an Order pursuant to L.C.R. 1.3(c), for the admission of Jonathan L. Alpert, Esq. to appear pro hac vice. ( signed by Judge Lawrence M. McKenna ); (Sent to the Attorney Admissions Clerk). (kw) (Entered: 07/15/2003)
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Request |
 |
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Save 25% on a pre-paid one year subscription. |
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187 |
Filed: 7/14/2003, Entered: 7/15/2003 |
Stipulation and Order |
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STIPULATION AND ORDER; on 4/29/03, the Intervenors filed a Notice of Motion of Senator Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, and Gail Temple to Intervene as Class Representative in the Empire Class, withan accompanying Complaint in Intervention as stated in this document. ( signed by Judge Lawrence M. McKenna ) (sac) (Entered: 07/15/2003)
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Request |
 |
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186 |
Filed: 6/25/2003, Entered: 6/27/2003 |
Affidavit in Support of Motion |
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AFFIDAVIT of Barbara Quackenbos in support of [185-1] motion for an Order pursuant to L.C.R. 1.3(c), for the admission of Jonathan L. Alpert, Esq. to appear pro hac vice. (jco) (Entered: 06/27/2003)
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Request |
 |
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185 |
Filed: 6/25/2003, Entered: 6/27/2003, Terminated: 7/14/2003 |
Motion to Appear Pro Hac Vice |
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NOTICE OF MOTION; for an Order pursuant to L.C.R. 1.3(c), for the admission of Jonathan L. Alpert, Esq. to appear pro hac vice . Return Date not indicated. Proposed Order attached. (jco) (Entered: 06/27/2003)
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Request |
 |
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184 |
Filed: 6/23/2003, Entered: 6/27/2003 |
~Notice (other) |
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NOTICE of firm name change. Cuneo, Waldman & Gilbert, LLP shall supersede and carry on the law practice of The Cuneo Law Group, P.C. (dle) (Entered: 06/27/2003)
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Request |
 |
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183 |
Filed: 6/26/2003, Entered: 6/27/2003 |
Order |
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ORDER, all classes will be certified (or not) in advance of the ruling on the merits. ( signed by Judge Lawrence M. McKenna ); Copies mailed to counsel (sac) (Entered: 06/27/2003)
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Request |
 |
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182 |
Filed: 6/23/2003, Entered: 6/25/2003 |
Memorandum of Law in Opposition to Motion |
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MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines in opposition to re: plaintiffs Appeal of Mag. Judge Gorenstein's Order dated 5/20/03. (pl) (Entered: 06/25/2003)
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Request |
 |
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181 |
Filed: 6/6/2003, Entered: 6/10/2003 |
Reply Memorandum of Law in Support |
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REPLY MEMORANDUM by United Healthcare, United Healtcare Svs in support re: [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, [124-3] motion stay the civil action pending resolution of the necessary arbitrations . Appendix of unpublished opinions attached. (yv) (Entered: 06/10/2003)
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Request |
 |
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180 |
Filed: 6/6/2003, Entered: 6/10/2003 |
Motion for Miscellaneous Relief |
|
NOTICE OF MOTION by United Healthcare, United Healtcare Svs for an Order pursuant to Rule 2(c) of the Individual Practices of Judge Lawrence M. McKenna, to file a reply memorandum of law in support of the United defendants' motion to compel arbitration of the claims of New York State United Teachers, the Civil Service Employees Association and the New York State Police Investigators Association and Contingent motion to stay pending arbitration that is in excess of 10 pages . Return Date not indicated. (yv) (Entered: 06/10/2003)
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Request |
 |
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179 |
Filed: 6/6/2003, Entered: 6/10/2003 |
Reply Memorandum of Law in Support |
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REPLY MEMORANDUM by United Healthcare, United Healtcare Svs in support re: [124-2] motion (a) dismiss the CI for lack of jurisdiction, [124-3] motion stay the civil action pending resolution of the necessary arbitrations . Appendix of unpublished opinions attached. (yv) Modified on 06/10/2003 (Entered: 06/10/2003)
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Request |
 |
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178 |
Filed: 6/6/2003, Entered: 6/10/2003 |
Motion for Miscellaneous Relief |
|
NOTICE OF MOTION by United Healthcare, United Healtcare Svs for an Order pursuant to Rule 2(c) of the Individual Practices of Judge Lawrence M. McKenna to file a reply memorandum of law in support of the United defendants' motion to dismiss the complaint in intervention and for a stay of discovery as to the claims of the intervenor plaintiffs that is in excess of 10 pages . Return Date not indicated. (yv) (Entered: 06/10/2003)
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Request |
 |
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177 |
Filed: 6/5/2003, Entered: 6/9/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by The A.M.A., The Medical Soc. NY, Matthew Crema, Michael J. Attkiss, Edward F. Mitchell Jr., Clifford E., Michele S. Wilson, Sandra Taylor, Peter Oborski, Helene Coull, Michael Grisham, Susie Grisham, Paul Steinberg in support of plaintiffs' appeal of Magistrate Judge Gorenstein's Order dated 5/20/03. (yv) (Entered: 06/09/2003)
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Request |
 |
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176 |
Filed: 5/30/2003, Entered: 6/5/2003 |
Stipulation and Order |
|
STIPULATION and ORDER: the United Dfts time to serve reply memoranda in support of thier motion to dismiss the complaint in intervention and for a stay of discovery, and the United Dft's motion to compel arbitration of the claims of the NYS United Teachers, the civil service employees and the NYS Police Investigators Assoc. and contingent motion to stay pending arbitration is extended to 6/6/03 . ( signed by Judge Lawrence M. McKenna ) (db) (Entered: 06/05/2003)
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Request |
 |
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175 |
Filed: 6/2/2003, Entered: 6/4/2003 |
Stipulation and Order |
|
STIPULATION and ORDER, that the counterclaim defendants' time to respond to the counterclaim plaintiffs' counterclaim complaint is extended from 6/21/03 to and including 7/21/03 . ( signed by Judge Lawrence M. McKenna ) (tp) (Entered: 06/04/2003)
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Request |
 |
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|
174 |
Filed: 5/27/2003, Entered: 6/2/2003 |
Transcript |
|
Transcript of record of proceedings before Magistrate Judge Gabriel W. Gorenstein for the date(s) of 5/20/02. (db) (Entered: 06/02/2003)
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Request |
 |
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173 |
Filed: 5/20/2003, Entered: 5/27/2003 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk: Pretrial conference held on 5/20/03 (sac) (Entered: 05/27/2003)
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Request |
 |
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172 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Stipulation and Order |
|
STIPULATION AND ORDER; reset Stage One discovery due for 10/6/03. ( signed by Magistrate Judge Gabriel W. Gorenstein ) (sac) (Entered: 05/23/2003)
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Request |
 |
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171 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Stipulation and Order |
|
STIPULATION AND ORDER: reset answer Third Amended Complaint due for 5/21/03 for American Airlines, for Ingenix, Inc., for United Healthcare, for United Healthcare, for United Healthcare, for United Healthcare, for UnitedHealth Group, for United Healtcare Svs, for United Healthcare, for Metropolitan Life . ( signed by Judge Lawrence M. McKenna ) (sac) (Entered: 05/23/2003)
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Request |
 |
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170 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Counterclaim |
|
COUNTERCLAIM COMPLAINT by United Healthcare, United Healthcare, United Healthcare, American Airlines against The A.M.A., The Medical Soc. NY, Michael J. Attkiss, The Missouri State, John Marcum, William B. Ericson Jr. Received in night deposit box on 5/21/03 at 6:03 p.m. (yv) (Entered: 05/23/2003)
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Request |
 |
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169 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Answer to Amended Complaint |
|
ANSWER by American Airlines to [69-1] amended complaint . (Attorney William F. Hanrahan, Thomas F. Fitzgerald, Nicholas J. Pappas, Jeffrey L. Kessler, Jeffrey S. Klein, James W. Quinn from the Firm: Weil, Gotshal & Manges LLP). Received in night deposit box on 5/21/03 at 6:03 p.m. (yv) (Entered: 05/23/2003)
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Request |
 |
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168 |
Filed: 5/21/2003, Entered: 5/23/2003 |
Answer to Amended Complaint |
|
ANSWER by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc. to [69-1] amended complaint . (Attorney William F. Hanrahan, Thomas F. Fitzgerald, Jeffrey L. Kessler, Jeffrey S. Klein, Nicholas J. Pappas, James W. Quinn from the Firm: Weil, Gotshal & Manges LLP). Received in night deposit box on 5/21/03 at 6:02 p.m. (yv) (Entered: 05/23/2003)
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Request |
 |
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167 |
Filed: 5/16/2003, Entered: 5/16/2003 |
Transcript |
|
Transcript of record of proceedings before Mag Judge Gorenstein for the date(s) of 3/3/03. (pr) (Entered: 05/16/2003)
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Request |
 |
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|
166 |
Filed: 5/13/2003, Entered: 5/15/2003 |
Stipulation and Order |
|
STIPULATION and ORDER; Defendants' Response to Motion reset for 6/16/03 re: [155-1] motion for an order, to intervene as Class Representatives in the Empire Class and of proposed intervenors and Matthew Crema to certify the Empire Class ; Plaintiffs' Reply to Response to Motion reset for 7/16/03 re: [155-1] motion for an order, to intervene as Class Representatives in the Empire Class and of proposed intervenors and Matthew Crema to certify the Empire Class ; Defendants shall have until May 9, 2003 to deliver to Magistrate Judge Gorenstein a letter requesting a pre-motion conference with respect to defendants' proposed motion setting a briefing schedule with respect to Plaintiff's motion to certify the Empire Class, dated May 6, 2003; Plaintiffs shall have five business days from the date on which defendants serve upon them by hand and facsimile Defendants' Letter to serve by facsimile and overnight courier their response to Defendants' Letter. Local Rule 6.1(b) shall not apply to defendants' time to serve papers in oppositon to Plaintiffs' Motion to Certify the Empire Class dated April 29, 2003, but rather defendants' time to serve such opposition papers shall be extended to such time as may be determined by Mag. Judge Gorenstein in response to the defendants' application ; ( signed by Judge Lawrence M. McKenna ) (djc) (Entered: 05/15/2003)
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Request |
 |
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165 |
Filed: 5/14/2003, Entered: 5/15/2003 |
Order |
|
ORDER, stipulated protective order amending "Stipulation of Confidentiality and Protective Order," dated 2/8/02 and the "Stipulation to amend protective order dated 2/8/02 to include American Airlines as a party dated 6/19/02 ( signed by Magistrate Judge Gabriel W. Gorenstein ); (cd) (Entered: 05/15/2003)
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Request |
 |
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|
164 |
Filed: 5/9/2003, Entered: 5/12/2003 |
Order |
|
MEMORANDUM AND ORDER, The document docketed and filed as #126 (Affidavit of Nicholas J. Pappas in Support of Motion to Compel Arbitration) has been returned to counsel for defendants. The Clerk is directed to replace it w/ the Affidavit of Nicholas J. Pappas in Support of Motion to Compel Arbitration (not to be sealed) annexed hereto and the Sealed Document annexed hereto, containing Exhibit A to said Pappas Affidavit; The document docketed and filed as #129 (Affidavit of Nicholas J. Pappas in Support of Motion to Dismiss Complaint in Intervention) has been returned to counsel for defendants. The Clerk is directed to replace it w/ the Affidavit of Nicholas J. Pappas in Support of Motion to Dismiss Complaint in Intervention (not to be sealed) annexed hereto and the Sealed Document annexed hereto, containing Exhibits B, C, D, E, F and N to said Pappas Affidavit; The Documetn docketed and filed as #157 (Memorandum of Law in Support of Motion to Certify Empire Class) has been returned to counsel for plaintiffs. The Clerk is directed to replace it w/ the Sealed Document annexed hereto, containing Memorandum of Law in Support of Motion to Certify Empire Class) . ( signed by Judge Lawrence M. McKenna ); (ae) (Entered: 05/12/2003)
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Request |
 |
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163 |
Filed: 5/9/2003, Entered: 5/9/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/09/2003)
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|
 |
|
|
162 |
Filed: 5/9/2003, Entered: 5/9/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/09/2003)
|
|
|
 |
|
|
161 |
Filed: 5/9/2003, Entered: 5/9/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 05/09/2003)
|
|
|
 |
|
|
160 |
Filed: 5/8/2003, Entered: 5/9/2003 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk: pretrial conference held before Judge McKenna on 5/8/03 re: sealing of documents as further set forth, no transcript taken. (db) Modified on 05/09/2003 (Entered: 05/09/2003)
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|
Request |
 |
|
|
159 |
Filed: 5/1/2003, Entered: 5/7/2003 |
Order |
|
Memo endorsed on motion; granting [158-1] motion for an order, to file a memorandum of law in excess of 25 pages. Granted. So Ordered ( signed by Judge Lawrence M. McKenna ); Forwarded to attorney admissions clerk. (jco) Modified on 05/07/2003 (Entered: 05/07/2003)
|
|
Request |
 |
|
|
158 |
Filed: 4/29/2003, Entered: 5/5/2003 |
Motion for Leave to File Document |
|
NOTICE OF MOTION by Clifford E. (PLTFFS) for an order, to file a memorandum of law in excess of 25 pages ; Return Date not indicated. (sac) (Entered: 05/05/2003)
|
|
Request |
 |
|
|
157 |
Filed: 4/29/2003, Entered: 5/5/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by The New York State, Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple in support of [155-1] motion for an order, to intervene as Class Representatives in the Empire Class and of proposed intervenors and Matthew Crema to certify the Empire Class. (sac) (Entered: 05/05/2003)
|
|
Request |
 |
|
|
156 |
Filed: 4/29/2003, Entered: 5/5/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by Toby Ann Stavisky, Cynthia Falk, Mary Gilmartin, Janet Stravitz, Gail Temple in support of [155-1] motion for an order, to intervene as Class Representatives in the Empire Class and of proposed intervenors and Matthew Crema to certify the Empire Class. (sac) (Entered: 05/05/2003)
|
|
Request |
 |
|
|
155 |
Filed: 4/29/2003, Entered: 5/5/2003 |
Motion to Intervene |
|
NOTICE OF MOTION by Toby Ann Stavisky, et al. for an order, to intervene as Class Representatives in the Empire Class and of proposed intervenors and Matthew Crema to certify the Empire Class ; Return Date not indicated. (sac) (Entered: 05/05/2003)
|
|
Request |
 |
|
|
154 |
Filed: 5/1/2003, Entered: 5/2/2003 |
Stipulation and Order |
|
STIPULATION and ORDER, The defendants' time to respond to the plaintiffs' third amended complaint is extended from 5/1/03 to and including 5/16/03. ( signed by Judge Lawrence M. McKenna ) (sb) (Entered: 05/02/2003)
|
|
Request |
 |
|
|
153 |
Filed: 4/29/2003, Entered: 4/30/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 04/30/2003)
|
|
|
 |
|
|
152 |
Filed: 4/29/2003, Entered: 4/30/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 04/30/2003)
|
|
|
 |
|
|
151 |
Filed: 4/29/2003, Entered: 4/30/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 04/30/2003)
|
|
|
 |
|
|
150 |
Filed: 4/29/2003, Entered: 4/30/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 04/30/2003)
|
|
|
 |
|
|
149 |
Filed: 4/21/2003, Entered: 4/23/2003 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by New York State, Civil Service, The Organization of, The New York State in opposition to [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, [124-2] motion (a) dismiss the CI for lack of jurisdiction, [124-3] motion stay the civil action pending resolution of the necessary arbitrations. (db) (Entered: 04/23/2003)
|
|
Request |
 |
|
|
148 |
Filed: 4/21/2003, Entered: 4/23/2003 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by New York State, Civil Service, The Organization of, The New York State in opposition to [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, [124-2] motion (a) dismiss the CI for lack of jurisdiction, [124-3] motion stay the civil action pending resolution of the necessary arbitrations . (db) (Entered: 04/23/2003)
|
|
Request |
 |
|
|
147 |
Filed: 4/21/2003, Entered: 4/21/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 04/21/2003)
|
|
|
 |
|
|
146 |
Filed: 4/21/2003, Entered: 4/21/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 04/21/2003)
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|
|
 |
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145 |
Filed: 4/21/2003, Entered: 4/21/2003 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 04/21/2003)
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|
 |
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144 |
Filed: 3/26/2003, Entered: 3/26/2003 |
Stipulation and Order |
|
STIPULATION AND ORDER; reset answer to 3rd Amended Complaint due for 5/1/03 for American Airlines, for Ingenix, Inc., for United for United Healthcare, for United Healthcare, for United Healthcare, for UnitedHealth Group, for United Healtcare Svs, for United Healthcare, for Metropolitan Life. ( signed by Judge Lawrence M. McKenna ) (sac) (Entered: 03/26/2003)
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Request |
 |
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143 |
Filed: 3/24/2003, Entered: 3/25/2003 |
Affidavit |
|
AFFIDAVIT of D. Brian Hufford by Edward F. Mitchell Jr., Clifford E., Michele S. Wilson, Peter Oborski, Helene Coull, Michael Grisham, Susie Grisham, Paul Steinberg, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson Jr. in response to 3/18/03 Order by Magistrate Judge Gorenstein. (db) (Entered: 03/25/2003)
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Request |
 |
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142 |
Filed: 3/24/2003, Entered: 3/27/2003 |
Order |
|
ORDER; denying [136-1] motion for reconsideration of the decision rendered at the 3/3/03 hearing, precluding dfts from taking discovery of the American Medical Assoc., the Medical Society of the State of New York and the Missouri State Medical Assoc., during stage one discovery . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed by Chambers (pl) Modified on 03/28/2003 (Entered: 03/27/2003)
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|
Request |
 |
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|
141 |
Filed: 3/21/2003, Entered: 3/24/2003 |
Endorsed Letter |
|
Memo-Endorsement on letter addressed to Judge Gorenstein from Nicholas J. Pappas, dated 3/20/03. Granting parties' request to cancelled the conference scheduled for 3/24/03. The cutoff for stage 1 discovery is extended to 6/6/03. The parties have leave to make a further application to extend that date if necessary . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (kw) (Entered: 03/24/2003)
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Request |
 |
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140 |
Filed: 3/19/2003, Entered: 3/20/2003 |
Stipulation and Order |
|
STIPULATION and ORDER, Intervenor plaintiffs' Response to Motion reset for 4/21/03 re: [127-1] motion for an Order pursuant to Rules 12(b)(1), (2), (6) and 9(c) of the FRCP granting the defendants' motion to dismiss the Claims of NYSPIA, CSEA and NYSUT as subject to arbitration and for lack of jurisdiction as further set forth, for 4/21/03 re: [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, for 4/21/03 re: [124-2] motion (a) dismiss the CI for lack of jurisdiction, for 4/21/03 re: [124-3] motion stay the civil action pending resolution of the necessary arbitrations ; defendants' Reply to Response to Motion reset for 5/30/03 re: [127-1] motion for an Order pursuant to Rules 12(b)(1), (2), (6) and 9(c) of the FRCP granting the defendants' motion to dismiss the Claims of NYSPIA, CSEA and NYSUT as subject to arbitration and for lack of jurisdiction as further set forth, for 5/30/03 re: [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, for 5/30/03 re: [124-2] motion (a) dismiss the CI for lack of jurisdiction, for 5/30/03 re: [124-3] motion stay the civil action pending resolution of the necessary arbitrations . ( signed by Judge Lawrence M. McKenna ) (kw) (Entered: 03/20/2003)
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Request |
 |
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139 |
Filed: 3/17/2003, Entered: 3/19/2003 |
Appendix |
|
APPENDIX by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare In support of dfts' motion for reconsideration. Received in night deposit box on 3/17/03 at 5:42 p.m. (db) Modified on 03/19/2003 (Entered: 03/19/2003)
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Request |
 |
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138 |
Filed: 3/17/2003, Entered: 3/19/2003 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Adam K. Grant by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare in support of [136-1] motion for reconsideration of the decision rendered at the 3/3/03 hearing, precluding dfts from taking discovery of the American Medical Assoc., the Medical Society of the State of New York and the Missuori State Medical Assoc., during stage one discovery. Received in night deposit box on 3/17/03 at 5:42 p.m. (db) (Entered: 03/19/2003)
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Request |
 |
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137 |
Filed: 3/17/2003, Entered: 3/19/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare in support of [136-1] motion for reconsideration of the decision rendered at the 3/3/03 hearing, precluding dfts from taking discovery of the American Medical Assoc., the Medical Society of the State of New York and the Missuori State Medical Assoc., during stage one discovery. Received in night deposit box on 3/17/03 at 5:41 p.m. (db) (Entered: 03/19/2003)
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Request |
 |
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136 |
Filed: 3/17/2003, Entered: 3/19/2003, Terminated: 3/24/2003 |
Motion for Reconsideration |
|
NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare for reconsideration of the decision rendered at the 3/3/03 hearing, precluding dfts from taking discovery of the American Medical Assoc., the Medical Society of the State of New York and the Missuori State Medical Assoc., during stage one discovery . No Return Date indicated. received in night deposit box on 3/17/03 at 5:41 p.m. (db) Modified on 03/19/2003 (Entered: 03/19/2003)
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Request |
 |
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135 |
Filed: 3/18/2003, Entered: 3/19/2003 |
Order |
|
ORDER: there appears to be some dispute as to whether the pltffs have actually entered into bonding stiulations that were critical to the Court's decision as to the order deferring discovery as to the standing of the medical association pltffs. To remove any doubt on this score, the Court directs the pltffs t inform the Court whether they have entered into such stipulations. If the pltffs have in fact stipulated as the Court believes, their attorney is directed to submit by 3/21/03 an affidavit or declaration stating substance as further set forth in said order . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies Mailed by Chambers. (db) (Entered: 03/19/2003)
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Request |
 |
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134 |
Filed: 3/14/2003, Entered: 3/17/2003 |
Endorsed Letter |
|
Memo-Endorsement on letter addressed to Judge Gorenstein from Nicholas J. Pappas, dated 3/13/03. Granting defendants' request for leave to file an affidavit in support of defendant's motion for reconsideration . ( signed by Magistrate Judge Gabriel W. Gorenstein ); (kw) (Entered: 03/17/2003)
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|
Request |
 |
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|
133 |
Filed: 3/5/2003, Entered: 3/6/2003 |
Letter |
|
Letter filed by The A.M.A., The Medical Soc. NY, Matthew Crema, Michael J. Attkiss addressed to Judge Gorenstein from Barry Epstein, dated 2/28/3, re: Reponse letter to Nicholas Pappas's February 27, 2003 letter. (laq) (Entered: 03/06/2003)
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Request |
 |
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132 |
Filed: 3/3/2003, Entered: 3/5/2003 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk: that a pretrial conference was held on 3/3/03 before Mag. Judge Gorenstein; discovery orders issued (pl) (Entered: 03/05/2003)
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Request |
 |
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|
131 |
Filed: 2/25/2003, Entered: 2/27/2003 |
Order |
|
ORDER; that the Court is in receipt of several letters dated 2/24/03, from counsel for plaintiffs. It appears that on or more of these letters, in at least some respects, do not comply with this Court's Individual Practices. Counsel are reminded that the Court's Individual Practices are as set forth in this Order; to the extent that any party has failed to comply with these requirements with respect to a particular dispute, the Court will not consider such dispute at the 3/3/03 conference . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed by chambers (pl) (Entered: 02/27/2003)
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Request |
 |
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130 |
Filed: 2/21/2003, Entered: 2/26/2003 |
Certificate of Service Complaints |
|
AMENDED CERTIFICATE OF SERVICE of United Defts' Motion to Compel (cd) (Entered: 02/26/2003)
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Request |
 |
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|
129 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Nicholas J. Pappas by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs in support of [127-1] motion for an Order pursuant to Rules 12(b)(1), (2), (6) and 9(c) of the FRCP granting the defendants' motion to dismiss the Claims of NYSPIA, CSEA and NYSUT as subject to arbitration and for lack of jurisdiction as further set forth. (tp) (Entered: 02/24/2003)
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|
Request |
 |
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128 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs in support of [127-1] motion for an Order pursuant to Rules 12(b)(1), (2), (6) and 9(c) of the FRCP granting the defendants' motion to dismiss the Claims of NYSPIA, CSEA and NYSUT as subject to arbitration and for lack of jurisdiction as further set forth. (tp) (Entered: 02/24/2003)
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|
Request |
 |
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|
127 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Motion to Dismiss |
|
NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs; for an Order pursuant to Rules 12(b)(1), (2), (6) and 9(c) of the FRCP granting the defendants' motion to dismiss the Claims of NYSPIA, CSEA and NYSUT as subject to arbitration and for lack of jurisdiction as further set forth . Return Date not indicated. (tp) (Entered: 02/24/2003)
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|
Request |
 |
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|
126 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Nicholas J. Pappas by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs in support of [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, [124-2] motion (a) dismiss the CI for lack of jurisdiction, [124-3] motion stay the civil action pending resolution of the necessary arbitrations. (tp) (Entered: 02/24/2003)
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|
Request |
 |
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|
125 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs in support of [124-1] motion for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA, [124-2] motion (a) dismiss the CI for lack of jurisdiction, [124-3] motion stay the civil action pending resolution of the necessary arbitrations. (tp) (Entered: 02/24/2003)
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|
Request |
 |
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|
124 |
Filed: 2/20/2003, Entered: 2/24/2003 |
Motion to Compel |
|
NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, Metropolitan Life, United Healtcare Svs; for an Order pursuant to Rules 12(b)(1) of the FRCP and the Fed. Arb. Act granting defendants' motion to compel NYSPIA, NYSUT and CSEA to arbitrate the claims raised in the CI under the terms of the FAA ; and either, (a) dismiss the CI for lack of jurisdiction ; or; stay the civil action pending resolution of the necessary arbitrations . Return Date not indicated. (tp) (Entered: 02/24/2003)
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|
Request |
 |
|
|
123 |
Filed: 2/12/2003, Entered: 2/20/2003 |
Letter |
|
Letter filed by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines addressed to Mag. Judge Gorenstein from Nicholas J. Pappas, dated 2/12/03, re: requesting the court to compel the plaintiffs, as further set forth on this letter. Received in the night deposit box on 2/12/03 at 8:59 p.m. (sb) Modified on 02/20/2003 (Entered: 02/20/2003)
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|
Request |
 |
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|
122 |
Filed: 2/7/2003, Entered: 2/11/2003 |
Order |
|
MEMORANDUM AND ORDER; granting [105-1] motion for an order granting the motion for reconsideration seeking partial relief from the [102-1] order entered by the Court on 10/22/02. Reconsideration is granted; upon reconsideration the Court adheres to its original determination, as further set forth on this order. ( signed by Judge Lawrence M. McKenna ); Copies mailed by Chambers. (sb) (Entered: 02/11/2003)
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|
Request |
 |
|
|
121 |
Filed: 1/30/2003, Entered: 2/4/2003 |
Order |
|
ORDER; granting [108-1] motion to intervene by New York State, Civil Service, The Organization of, The New York State. ( signed by Judge Lawrence M. McKenna ); Copies mailed by Chambers. (jco) (Entered: 02/04/2003)
|
|
Request |
 |
|
|
120 |
Filed: 1/30/2003, Entered: 2/3/2003 |
Stipulation and Order |
|
STIPULATION and ORDER, regarding procedures that will govern the handling of "Confidential Materials" . ( signed by Judge Lawrence M. McKenna ) (kw) (Entered: 02/03/2003)
|
|
Request |
 |
|
|
119 |
Filed: 1/16/2003, Entered: 1/21/2003 |
Stipulation and Order |
|
STIPULATION and ORDER, the defendants' time to respond to the plaintiffs' third amended complaint is extended to and including 4/1/03 for American Airlines, for Ingenix, Inc., for United for United Healthcare, for United Healthcare, for United Healthcare, for UnitedHealth Group, for United Healtcare Svs, for United Healthcare, for Metropolitan Life. This Stipulation and Order shall be without prejudice to the parties' positions with respect to matters relating to discovery . ( signed by Judge Lawrence M. McKenna ) (yv) (Entered: 01/21/2003)
|
|
Request |
 |
|
|
118 |
Filed: 1/6/2003, Entered: 1/14/2003 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk: Pretrial conference held n 1/6/03. Contested Issue. Discovery cutoff for stage one discovery is 5/6/03. (jco) (Entered: 01/14/2003)
|
|
Request |
 |
|
|
117 |
Filed: 12/19/2002, Entered: 12/27/2002 |
Reply Memorandum of Law |
|
REPLY MEMORANDUM in support of [105-1] motion for an order granting the motion for reconsideration seeking partial relief from the [102-1] order entered by the Court on 10/22/02. (jco) (Entered: 12/27/2002)
|
|
Request |
 |
|
|
116 |
Filed: 12/19/2002, Entered: 12/23/2002 |
Stipulation and Order |
|
STIPULATION and ORDER, that defendants' for United Healthcare, for UnitedHealth Group, for United Healthcare, for United Healthcare, for United Healthcare, for United Healthcare, for Ingenix, Inc., for American Airlines, time to respond to the plaintiffs' Third Amended Complaint is extended to and including 1/30/03 . ( signed by Judge Lawrence M. McKenna ) (tp) (Entered: 12/23/2002)
|
|
Request |
 |
|
|
115 |
Filed: 12/10/2002, Entered: 12/16/2002 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk:, for a pre-trial conference . (dle) (Entered: 12/16/2002)
|
|
Request |
 |
|
|
114 |
Filed: 12/5/2002, Entered: 12/9/2002 |
Endorsed Letter |
|
Memo-Endorsement on letter addressed to Judge McKenna from Nicholas J. Pappas, dated 12/4/02: The Court concurs with Magistrate Judge Gorenstein's rulings, and the process should proceed accordingly . ( signed by Judge Lawrence M. McKenna ). (tp) (Entered: 12/09/2002)
|
|
Request |
 |
|
|
113 |
Filed: 12/5/2002, Entered: 12/9/2002 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by The A.M.A., The Medical Soc. NY, Matthew Crema, Michael J. Attkiss, The Missouri State, John Marcum, Edward F. Mitchell Jr., Clifford E., Michele S. Wilson, Sandra Taylor, David Finley, Colleen Finley, S. Joseph Domina, William B. Ericson Jr.in opposition to [105-1] motion for an order granting the motion for reconsideration seeking partial relief from the [102-1] order entered by the Court on 10/22/02. Compendium of unpublished authority attached. (yv) Modified on 12/09/2002 (Entered: 12/09/2002)
|
|
Request |
 |
|
|
112 |
Filed: 11/22/2002, Entered: 12/3/2002 |
Memorandum to the Docket Clerk |
|
Memorandum to Docket Clerk: that a pretrial conference was held on 11/22/02 before Mag. Judge Gorenstein . (pl) (Entered: 12/03/2002)
|
|
Request |
 |
|
|
111 |
Filed: 11/25/2002, Entered: 12/3/2002 |
Stipulation and Order |
|
STIPULATION and ORDER: the dfts' time to respond to pltffs' Third Amended Complaint is extended to and including 12/20/02. This Stipulation and Order shall be without prejudice to the parties' positions with respect to matters relating to discovery . ( signed by Judge Lawrence M. McKenna ) (db) (Entered: 12/03/2002)
|
|
Request |
 |
|
|
110 |
Filed: 11/19/2002, Entered: 11/25/2002 |
Remark |
|
COMPENDIUM OF UNPUBLISHED AUTHORITIES IN SUPPORT OF MOTION to intervene by New York State, Civil Service, The Organization of, The New York State. (dc) (Entered: 11/25/2002)
|
|
Request |
 |
|
|
109 |
Filed: 11/19/2002, Entered: 11/25/2002 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by New York State, Civil Service, The Organization of, The New York State in support of [108-1] motion to intervene by New York State, Civil Service, The Organization of, The New York State. (dc) (Entered: 11/25/2002)
|
|
Request |
 |
|
|
108 |
Filed: 11/19/2002, Entered: 11/25/2002, Terminated: 1/30/2003 |
Motion to Intervene |
|
NOTICE OF MOTION to intervene by New York State, Civil Service, The Organization of, The New York State . (dc) (Entered: 11/25/2002)
|
|
Request |
 |
|
|
107 |
Filed: 11/20/2002, Entered: 11/21/2002 |
Stipulation and Order |
|
STIPULATION and ORDER, Plaintiffs' time to file and serve papers in opposition to defendants' [105-1] motion for reconsideration shall be extended to 12/5/02. Defendants' time to file and serve reply papers in support of their [105-1] motion for reconsideration shall be extended to 12/19/02. ( signed by Judge Lawrence M. McKenna ) (sb) (Entered: 11/21/2002)
|
|
Request |
 |
|
|
106 |
Filed: 11/5/2002, Entered: 11/12/2002 |
Memorandum of Law in Support of Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines in support of [105-1] motion for an order granting the motion for reconsideration seeking partial relief from the [102-1] order entered by the Court on 10/22/02 . (dle) (Entered: 11/12/2002)
|
|
Request |
 |
|
|
105 |
Filed: 11/5/2002, Entered: 11/12/2002 |
Motion for Reconsideration |
|
NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines for an order granting the motion for reconsideration seeking partial relief from the [102-1] order entered by the Court on 10/22/02 . Return Date not indicated. (dle) (Entered: 11/12/2002)
|
|
Request |
 |
|
|
104 |
Filed: 11/5/2002, Entered: 11/12/2002 |
Remark |
|
Appendix of unpublished opinions by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines in support of dft's motion for reconsideration. (dle) (Entered: 11/12/2002)
|
|
Request |
 |
|
|
103 |
Filed: 11/1/2002, Entered: 11/7/2002 |
Stipulation and Order |
|
STIPULATION and ORDER; reset answer to the Third Amended Complaint due for 12/6/02 for American Airlines, for Ingenix, Inc., for United Healthcare, for United Healthcare, for United Healthcare, for United Healthcare, for UnitedHealth Group, for United Healtcare Svs, for United Healthcare, for Metropolitan Life. This Stipulation and Order shall be without prejudice to the parties' positions with respect to matters relating to discovery . ( signed by Judge Lawrence M. McKenna ) (pl) (Entered: 11/07/2002)
|
|
Request |
 |
|
|
102 |
Filed: 10/23/2002, Entered: 10/28/2002 |
Order |
|
ORDER; granting in part, denying in part [80-1] motion for an Order pursuant to Rules 9(b), 12(b)(1), 12(b)(6) and 26(c) of the FRCP and the Court's inherent powers, dismissing the third amended complaint with prejudice. ( signed by Judge Lawrence M. McKenna ); Copies mailed by Chambers. (sb) (Entered: 10/28/2002)
|
|
Request |
 |
|
|
101 |
Filed: 6/27/2002, Entered: 6/27/2002 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 06/27/2002)
|
|
|
 |
|
|
100 |
Filed: 6/25/2002, Entered: 6/26/2002 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 06/26/2002)
|
|
|
 |
|
|
99 |
Filed: 6/25/2002, Entered: 6/26/2002 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 06/26/2002)
|
|
|
 |
|
|
98 |
Filed: 6/21/2002, Entered: 6/25/2002 |
Stipulation and Order |
|
STIPULATION to Amend Protective Order, regardin the issues concerning the Stipulation of Confidentiality and Protective Order dated 2/8/02, that such Ordere shall be deemed amended to include American Airlines, Inc. as a party as further set forth herein. All other terms and conditions of the Protective Order shall continue in full force and effect, except as otherwise set forth in this Order . ( signed by Magistrate Judge Gabriel W. Gorenstein ) (tp) (Entered: 06/25/2002)
|
|
Request |
 |
|
|
97 |
Filed: 6/14/2002, Entered: 6/18/2002 |
Reply |
|
REPLY Re: [80-1] motion for an Order pursuant to Rules 9(b), 12(b)(1), 12(b)(6) and 26(c) of the FRCP and the Court's inherent powers, dismissing the third amended complaint, [80-2] motion for an Order staying proceedings pending remand to the relevant plan administrator for reconsideration of such claims, [80-3] motion pursuant to Rule 26(c) of the FRCP, granting a stay of discovery with respect to the Provider and Medical Association Plaintiffs' claims pending the Court's decision on the motion to dismiss (dc) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
96 |
Filed: 6/14/2002, Entered: 6/18/2002 |
Appendix |
|
APPENDIX OF UNPUBLISHED OPINIONS AND REGULATORY AUTHORITY IN SUPPORT OF DEFT'S REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFT'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT, FOR A STAY OF PROCEEDINGS, AND FOR A STAY OF DISCOVERY (dc) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
95 |
Filed: 6/14/2002, Entered: 6/18/2002 |
Affidavit in Support of Motion |
|
AFFIDAVIT of Brian W. kemper in support of [94-1] motion to approve a Reply Memorandum of Law in excess of ten pages. (dc) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
94 |
Filed: 6/14/2002, Entered: 6/18/2002 |
Motion to Approve |
|
NOTICE OF MOTION by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare, United Healthcare, Ingenix, Inc., American Airlines to approve a Reply Memorandum of Law in excess of ten pages . (dc) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
93 |
Filed: 6/12/2002, Entered: 6/18/2002 |
Affidavit |
|
AFFIDAVIT of Nicholas J. Pappas by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare . (dh) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
92 |
Filed: 6/12/2002, Entered: 6/18/2002 |
Memorandum of Law in Opposition to Motion |
|
MEMORANDUM OF LAW by United Healthcare, UnitedHealth Group, United Healthcare, United Healthcare, United Healthcare in opposition to Plaintiff's request for discovery. (dh) (Entered: 06/18/2002)
|
|
Request |
 |
|
|
91 |
Filed: 6/14/2002, Entered: 6/18/2002 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (wv) (Entered: 06/18/2002)
|
|
|
 |
|
|
90 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Sealed Document + |
|
SEALED DOCUMENT placed in vault. (js) (Entered: 06/13/2002)
|
|
|
 |
|
|
89 |
Filed: 6/3/2002, Entered: 6/11/2002 |
Endorsed Letter |
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Memo-Endorsement on letter addressed to Mag. Judge Gorenstein from Nicholas J. Pappas, dated 05/29/02; Re: counsel to parties, confirms with the court, agreed-upon amended briefing schedule; If the parties were informed that the schedule was acceptable to the Court, that information was incorrect ; set scheduling order deadlines: Response to motion deadline 6/12/02; Reply to response to motion deadline 6/21/02 ; Courtesy copies must be delivered by hand for the reply papers (or by fax if under 20 pages) on June 21, 2002 ; ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed. (djc) (Entered: 06/11/2002)
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Filed: 5/22/2002, Entered: 5/28/2002 |
Affidavit in Opposition to Motion |
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AFFIDAVIT of Michael J. Attkiss by Michael J. Attkiss in opposition to [80-1] motion for an Order pursuant to Rules 9(b), 12(b)(1), 12(b)(6) and 26(c) of the FRCP and the Court's inherent powers, dismissing the third amended complaint, [80-2] motion for an Order staying proceedings pending remand to the relevant plan administrator for reconsideration of such claims, [80-3] motion pursuant to Rule 26(c) of the FRCP, granting a stay of discovery with respect to the Provider and Medical Association Plaintiffs' claims pending the Court's decision on the motion to dismiss . (db) (Entered: 05/28/2002)
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