20-16823
09/21/2020
Pending - Other Pending
Labor - Employee Benefit
TERESA HARRIS
RACHEL CARROLL
FELICITY BARBER
JANCE HOY
CHRISTINE ENDICOTT
LAURA BISHOP, on behalf of themselves and all others similarly situated
RACHEL CONDRY
UNITED HEALTHCARE INSURANCE COMPANY
UNITED HEALTHCARE SERVICES, INC.
UMR, INC.
UNITEDHEALTHCARE, INC.
UNITEDHEALTH GROUP, INC.
Nicholas E. Chimicles Esquire
Attorney at Chimicles Schwartz Kriner & Donaldson-Smith LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Marc Adam Goldich
Attorney at Axler Goldich LLC
1520 Locust Street, Suite 301
Philadelphia, PA 19102
Nathan C. Zipperian
Attorney at Miller Shah LLP
1625 N. Commerce Pkwy., Suite 320
Fort Lauderdale, FL 33326
Kolin Tang
Attorney at Miller Shah LLP
19712 Macarthur Boulevard, Suite 222
Irvine, CA 92612
Ronald Scott Kravitz Esquire
Attorney at Miller Shah LLP
201 Filbert Street, Suite 201
San Francisco, CA 94133
Annick Persinger
Attorney at Tycko and Zavareei LLP
1970 Broadway, Suite 1070
Oakland, CA 94612
Kimberly Donaldson
Attorney at Chimicles & Tikellis LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Stephanie E. Saunders
Attorney at Chimicles Schwartz Kriner & Donaldson-Smith LLP
361 W. Lancaster Avenue
Haverford, PA 19041
Rebecca R. Hanson
Attorney at Reed Smith LLP
10 S. Wacker Drive, 40Th Floor
Chicago, IL 60606
Raymond A. Cardozo
Attorney at Reed Smith LLP
101 Second Street, Suite 1800
San Francisco, CA 94105
Martin J. Bishop
Attorney at Reed Smith LLP
10 S. Wacker Drive, 40Th Floor
Chicago, IL 60606
Case Opening Packet
Mediation Questionnaire
Mediation Letter
Notice to All Parties and Counsel
Cross Appeal Chart
Docketing Letter and Briefing Schedule
Case Opening Packet
Mediation Letter
Notice to All Parties and Counsel
Docketing Letter and Briefing Schedule
Docket(#38) Filed (ECF) Acknowledgment of hearing notice by Attorney Kimberly Donaldson for Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Attorney Kimberly Donaldson for Appellants Rachel Condry, Jance Hoy, Felicity Barber, Rachel Carroll, Christine Endicott, Laura Bishop and Teresa Harris in 20-16857. Hearing in San Francisco on 07/26/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/18/2021. [12116052] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 05/18/2021 07:33 AM]
Docket(#37) Filed (ECF) Acknowledgment of hearing notice by Attorney Raymond A. Cardozo for Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Attorney Raymond A. Cardozo for Appellees UnitedHealth Group, Inc., UnitedHealthcare, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc. and UMR, Inc. in 20-16857. Hearing in San Francisco on 07/26/2021 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 15.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 05/17/2021. [12115228] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 05/17/2021 12:56 PM]
Docket(#36) Notice of Oral Argument on Monday, July 26, 2021 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument will be held with all attorneys appearing remotely by video or telephone. The court strongly prefers video arguments whenever possible. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk's Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, July 26, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12114292]. [20-16823, 20-16857] (KS) [Entered: 05/16/2021 06:09 AM]
Docket(#35) Received 3 paper copies of further excerpts of record [ # 31 ] in 1 volume(s) filed by appellees/cross-appellants. (sent to panel) [12084972] [20-16823, 20-16857] (LA) [Entered: 04/23/2021 11:57 AM]
Docket(#34) Received 6 paper copies of Cross-Appeal Reply Brief [ # 30 ] filed by appellees/cross-appellants. (sent to panel). [12084751] [20-16823, 20-16857] (AML) [Entered: 04/23/2021 10:46 AM]
Docket(#33) Filed clerk order: The further excerpts of record [ # 31 ] submitted by appellees/cross-appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12078623] [20-16823, 20-16857] (LA) [Entered: 04/19/2021 10:09 AM]
Docket(#32) Filed clerk order: The cross-appeal reply brief [ # 30 ] submitted by appellees/cross-appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12078613] [20-16823, 20-16857] (LA) [Entered: 04/19/2021 10:04 AM]
Docket(#31) Submitted (ECF) further excerpts of record. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 04/19/2021. [12078536] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 04/19/2021 09:36 AM]
Docket(#30) Submitted (ECF) Cross-Appeal Reply Brief for review. Submitted by Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16823, Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott, Teresa Harris and Jance Hoy in 20-16857. Date of service: 04/19/2021. [12078526] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 04/19/2021 09:32 AM]
Docket(#29) Received 6 paper copies of Third Brief on Cross-Appeal [ # 25 ] filed by Appellants/Cross-Appellees. [12065415] [20-16823, 20-16857] (SD) [Entered: 04/06/2021 02:13 PM]
Docket(#10) Submitted (ECF) excerpts of record. Submitted by Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Appellees UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16857. Date of service: 12/28/2020. [11946823] [20-16823, 20-16857]--[COURT UPDATE: Attached corrected PDF of Vol 5. 12/29/2020 by LA] (Cardozo, Raymond) [Entered: 12/28/2020 10:25 PM]
Docket(#9) Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16823, Appellees UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. in 20-16857. Date of service: 12/28/2020. [11946788] [20-16823, 20-16857] (Cardozo, Raymond) [Entered: 12/28/2020 08:55 PM]
Docket(#8) MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeals are pending. [11871939] [20-16823, 20-16857] (BLS) [Entered: 10/26/2020 02:58 PM]
Docket(#7) MEDIATION ORDER FILED: By 10/16/2020, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [11846425] [20-16823, 20-16857] (BLS) [Entered: 10/02/2020 08:39 PM]
Docket(#6) The Mediation Questionnaire for this case was filed on 10/01/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11844826]. [20-16823] (AD) [Entered: 10/01/2020 06:44 PM]
Docket(#5) Filed (ECF) Appellees Jance Hoy, Christine Endicott, Rachel Condry, Rachel Carroll, Laura Bishop and Felicity Barber in 20-16823, Appellants Jance Hoy, Christine Endicott, Rachel Condry, Rachel Carroll, Laura Bishop and Felicity Barber in 20-16857 Mediation Questionnaire. Date of service: 10/01/2020. [11844379] [20-16823, 20-16857] (Donaldson, Kimberly) [Entered: 10/01/2020 03:23 PM]
Docket(#4) The Mediation Questionnaire for this case was filed on 09/25/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11837935]. [20-16823] (AD) [Entered: 09/25/2020 06:44 PM]
Docket(#3) Filed (ECF) Appellants UnitedHealth Group, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealthcare, Inc. and UMR, Inc. Mediation Questionnaire. Date of service: 09/25/2020. [11837241] [20-16823] --[COURT UPDATE: Spread to case 20-16857. 9/28/2020 by TYL] (Cardozo, Raymond) [Entered: 09/25/2020 01:40 PM]
Docket(#2) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. Setting cross-appeal briefing schedule as follows: Appellants Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy Mediation Questionnaire due on 10/01/2020. First cross appeal brief due 12/28/2020 for UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc.. Second brief on cross appeal due 01/27/2021 for Third brief on cross appeal due 03/01/2021 for UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. The optional cross appeal Reply brief for Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy is due within 21 days of service of the Third brief on cross appeal. [11835336] [20-16857, 20-16823] (RT) [Entered: 09/24/2020 09:23 AM]
Docket(#1) DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. Mediation Questionnaire due on 09/28/2020. Transcript ordered by 10/19/2020. Transcript due 11/17/2020. Appellants UMR, Inc., United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare, Inc. opening brief due 12/28/2020. Appellees Felicity Barber, Laura Bishop, Rachel Carroll, Rachel Condry, Christine Endicott and Jance Hoy answering brief due 01/27/2021. Appellant's optional reply brief is due 21 days after service of the answering brief. [11830503] (JBS) [Entered: 09/21/2020 10:43 AM]
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