This case was last updated from PACER on 04/10/2021 at 08:52:32 (UTC).

Keech v. Surgical Care Affiliates, LLC et al

Case Summary

On February 10, 2021, Scott Keech (“Plaintiff”), self represented, on behalf of himself and all others similarly situated, filed a class action, against Surgical Care Affiliates, LLC (“SCA”), seeking injunctive relief and three-fold damages for unlawful conspiracy to restrain competition and reduce compensation for their senior-level employees. This case was filed in the U.S. District Court in the Northern District of Illinois with Judge Andrea R. Wood presiding.

 

The Plaintiff proposed the class to include all natural persons who worked in senior-level positions in the United States for SCA or their affiliates or subsidiaries or for Company A or Company B during the time as specified in the Complaint.

 

In their complaint, the Plaintiff alleged that SCA, along with two other companies, (Company A and Company B) are the largest operators of outpatient medical care centers in the United States, who compete with one another to hire and retain employees nationwide and have conspired to restrain competition and reduce compensation for their senior-level employees, which was first revealed publicly on January 7, 2021, with an announced grand jury indictment obtained by the United States Department of Justice (“DOJ”), wherein they refrained from soliciting each other’s senior-level employees, and refrained from hiring them, without the consent of their current employer. These allegedly anti-competitive “no-poach” agreements spanned several years and were monitored and enforced by Defendants’ executives, including the CEOs.

 

The Plaintiff further alleged that “Defendants’ no-poach conspiracy was a tool to suppress employee compensation. It was a naked agreement to reduce labor competition which was not reasonably necessary to further any legitimate business transaction or lawful collaboration among the Defendants.” 

 

The Plaintiff also alleged that “in addition to reducing compensation, Defendants’ agreements also denied their employees access to better job opportunities, restricted their mobility, and deprived them of competitively significant information that they could have used to negotiate for better terms of employment.”

 

The Plaintiff has laid down one cause of action wherein it has been claimed that the Defendants, by and through their officers, directors, employees, or other representatives, entered into and engaged in unlawful agreements in restraint of trade and commerce in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. 

 

The Plaintiff further alleged that the “Defendants’ agreements have included concerted action and undertakings among the Defendants with the purpose and effect of: (a) fixing the compensation of Plaintiff and the Class at artificially low levels; and (b) eliminating, to a substantial degree, competition among Defendants for senior-level employees with skills and expertise valuable in the outpatient medical care industry” which has “injured Plaintiff and the members of the Proposed Class by suppressing their compensation and depriving them of free and fair competition in the market for their services.”

 

In its prayer for relief, the Plaintiff requested the court to certify the action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure and to declare that the Defendants have alleged actions constitute the violation of laws and statutes referred above. The Plaintiff also requested the court to pass an order for injunctive relief in addition to threefold damages and cost of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00741

  • Filing Date:

    02/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Andrea R. Wood

 

Party Details

Plaintiffs and Defendants

Scai Holdings, LLC

Scott Keech

Surgical Care Affiliates, LLC

Company A

Company B

Attorney/Law Firm Details

Plaintiff Attorneys

Jessica A. Moldovan

Attorney at Lieff Cabraser Heimann & Bernstein, LLP

250 Hudson Street, 8Th Floor

New York, NY 10013

Lin Yee Chan

Attorney at Lieff Cabraser Heimann & Bernstein, LLP

275 Battery Street, 29Th Floor

San Francisco, CA 94111

Nimish R. Desai

Attorney at Lieff Cabraser Heimann & Bernstein, LLP

275 Battery Street, 29Th Floor

San Francisco, CA 94111

Dean Michael Harvey

Attorney at Lieff Cabraser Heimann & Bernstein, LLP

29Th Floor, 275 Battery Street

San Francisco, CA 94111

Michelle A. Lamy

Attorney at Lieff Cabraser Heimann & Bernstein, LLP

275 Battery Street, 29Th Floor

San Francisco, CA 94111

Yaman Salahi

Attorney at Lieff, Cabraser, Heimann & Bernstein LLP

275 Battery St., 29Th Floor

San Francisco, CA 94111

Anthony Paronich

Attorney at Paronich Law, P.C.

350 Lincoln Street, Suite 2400

Hingham, MA 02043

Laurel G. Bellows

Attorney at The Bellows Law Group, P.C.

209 South Lasalle Street, #800

Chicago, IL 60604

Nicholas James Economakos

Attorney at Bellows Law Group

209 South Lasalle Street, Suite 800

Chicago, IL 60604

Defendant Attorneys

Daniel E. Laytin

Attorney at Kirkland & Ellis LLP

300 North Lasalle Street

Chicago, IL 60654

Catie Ventura

Attorney at Kirkland & Ellis LLP

1301 Pennsylvania Avenue, N.W.

Washington, DC 20004

James H. Mutchnik

Attorney at Kirkland & Ellis LLP

300 North Lasalle Street

Chicago, IL 60654

 

Court Documents

#23

#22

#21

#20

#19

#18

#17

#16

#15

#9

#8

#7

#6

#5

#4

#3

#2

1 #1

Civil Cover Sheet

13 More Documents Available
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Docket Entries

  • 03/25/2021
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  • Docket(#23) MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 3/25/2021. All proceedings are stayed pending resolution of the United States' motion to intervene and stay civil proceedings at docket number 30 in 1:21-cv-00305, Roe v. Surgical Care Affiliates. The Court adopts the parties' schedule set forth in their agreed stipulation setting deadlines: Defendants will answer or otherwise respond to the Complaint no later than 5/3/2021; if the response is by motion, Plaintiff's opposition will be due 6/17/2021; and Defendants' reply will be due 7/19/2021. In the event this action is consolidated with another matter and Plaintiff files a consolidated amended complaint, the deadlines will be stricken and replaced with the following deadlines: Defendants will answer or otherwise respond no later than 45 days after the filing of a consolidated amended complaint; if the response is by motion, Plaintiff's opposition will be due 45 days thereafter; and Defendants' reply will be due 30 days thereafter. Telephonic status hearing set for 5/6/2021 at 11:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) (Entered: 03/26/2021)

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  • 03/24/2021
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  • Docket(#22) MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 3/25/2021 at 11:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Telephonic status hearing set for 4/7/2021 is stricken. Mailed notice (dal, ) (Entered: 03/24/2021)

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  • 03/23/2021
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  • Docket(#21) STIPULATION Agreed Stipulation Setting Deadlines (Laytin, Daniel) (Entered: 03/23/2021)

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  • 02/25/2021
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  • Docket(#20) ATTORNEY Appearance for Plaintiff Scott Keech by Nicholas James Economakos (Economakos, Nicholas) (Entered: 02/25/2021)

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  • 02/24/2021
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  • Docket(#19) ATTORNEY Appearance for Plaintiff Scott Keech by Nicholas James Economakos (Economakos, Nicholas) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#18) ATTORNEY Appearance for Plaintiff Scott Keech by Laurel G. Bellows Nicholas J. Economakos (Bellows, Laurel) (Entered: 02/23/2021)

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  • 02/18/2021
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  • Docket(#17) ATTORNEY Appearance for Defendants Scai Holdings, LLC, Surgical Care Affiliates, LLC by Catie Ventura (Ventura, Catie) (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#16) ATTORNEY Appearance for Defendants Scai Holdings, LLC, Surgical Care Affiliates, LLC by James H. Mutchnik (Mutchnik, James) (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#15) ATTORNEY Appearance for Defendants Scai Holdings, LLC, Surgical Care Affiliates, LLC by Daniel E. Laytin (Laytin, Daniel) (Entered: 02/18/2021)

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  • 02/18/2021
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  • Docket(#14) STIPULATION Agreed Stipulation Setting Deadlines for Defendants to Answer (Laytin, Daniel) (Entered: 02/18/2021)

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4 More Docket Entries
  • 02/16/2021
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  • Docket(#9) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17934164. (Lamy, Michelle) (Entered: 02/16/2021)

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  • 02/16/2021
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  • Docket(#8) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17934029. (Desai, Nimish) (Entered: 02/16/2021)

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  • 02/12/2021
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  • Docket(#7) MINUTE entry before the Honorable Andrea R. Wood: Motions by counsel for leave to appear pro hac vice #3 , #4 , and #5 are granted. Telephonic initial status conference set for 4/7/2021 at 10:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, ) (Entered: 02/12/2021)

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  • 02/12/2021
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  • Docket(#6) ATTORNEY Appearance for Plaintiff Scott Keech by Anthony Paronich (Paronich, Anthony) (Entered: 02/12/2021)

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  • 02/11/2021
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  • Docket(#5) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17922179. (Salahi, Yaman) (Entered: 02/11/2021)

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  • 02/11/2021
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  • Docket(#4) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17922121. (Chan, Lin) (Entered: 02/11/2021)

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  • 02/11/2021
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  • Docket(#3) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17921973. (Harvey, Dean) (Entered: 02/11/2021)

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  • 02/11/2021
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  • Docket(#2) ATTORNEY Appearance for Plaintiffs Scott Keech, Scai Holdings, LLC by Laurel G. Bellows (Bellows, Laurel) (Entered: 02/11/2021)

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  • 02/11/2021
  • DocketCASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Direct assignment. (mxo, ) (Entered: 02/11/2021)

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  • 02/10/2021
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  • Docket(#1) COMPLAINT filed by Scott Keech; Jury Demand. Filing fee $ 402, receipt number 0752-17917514. (Attachments: #1 Civil Cover Sheet)(Bellows, Laurel) (Entered: 02/10/2021)

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