2:22-CV-00265
03/01/2022
Pending - Other Pending
Other - Antitrust
R David Proctor
Metropolitan Transportation Authority
New York City Transit Authority
Manhattan And Bronx Surface Transit Operating Authority
Triborough Bridge and Tunnel Authority
The Long Island Rail Road Company
Metro-North Commuter Railroad Company
MTA Bus Company
MTA Construction and Development Company
Staten Island Rapid Transit Operating Authority
Anthem Inc formerly known as WELLPOINT INC doing business as Anthem Blue Cross Life and Health Insurance Company doing business as Blue Cross of California doing business as BLUE CROSS OF SOUTHERN CALIFORNIA doing business as Blue Cross of Northern C
Independence Health Group Inc and Independence Hospital Indemnity Plan Inc
Blue Cross and Blue Shield of Alabama
PREMERA and Premera Blue Cross doing business as Premera Blue Cross Blue Shield of Alaska
Blue Cross and Blue Shield of Arizona Inc
USAble Mutual Insurance Company doing business as Arkansas Blue Cross and Blue Shield
WELLPOINT INC
California Physicians Service doing business as Blue Shield of California
Highmark Health and Highmark Inc. doing business as Highmark Blue Shield and Highmark Blue Cross Blue Shield and including Highmark Inc. predecessor Hospital Service Association of Northeastern Pennsylvania f/d/b/a Blue Cross of Northeastern Pennsylv
Highmark Blue Cross Blue Shield Delaware Inc doing business as Highmark Blue Cross Blue Shield Delaware
CareFirst Inc and its subsidiaries or affiliates Group Hospitalization and Medical Services, Inc. doing business as Group Hospitalization and Medical Services, Inc., CareFirst of Maryland, Inc., and CareFirst BlueChoice, Inc., which collectively d/b/
Anjori Mitra
Attorney at Calcaterra Pollack LLP
1140 Avenue Of The Americas, 9Th Floor
New York, NY 10036
Justin Ko Teres
Attorney at Calcaterra Pollack LLP
1140 Avenue Of The Americas, Ste 9Th Floor
New York, NY 10022
Regina Marie Calcaterra
Attorney at Calcaterra Pollack LLP
1140 Avenue Of The Americas, 9Th Floor
New York, NY 10036-5803
Karin DeMasi
Attorney at CRAVATH SWAINE & MOORE LLP
825 Eighth Avenue
New York, NY 10019
Text of Proposed Order
Main Document
*Restricted*
Main Document Public Docket Sheet
(#60) CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Alabama. (Signed by MDL Panel on 2/23/2022) (sjo) [Transferred from New York Southern on 3/1/2022.] (Entered: 03/01/2022)
Appendix A: Plaintiffs and Defendants in this Action
Main Document
(#57) WAIVER OF SERVICE RETURNED EXECUTED. GuideWell Mutual Holding Corporation waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/07/2022)
(#56) WAIVER OF SERVICE RETURNED EXECUTED. PREMERA and Premera Blue Cross waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/03/2022)
(#55) WAIVER OF SERVICE RETURNED EXECUTED. Lifetime Healthcare, Inc. and Excellus Health Plan, Inc. waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 12/22/2021)
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Exhibit A - JPML Notice of Potential Tag-Along Action
Docket(#63) TEXT ORDER - This matter is before the court on the Parties Stipulation for Extension of Time to Respond to Complaint. #62 In light of the parties Stipulation, Defendants in this action shall have until 30 days after the date of entry of an order on the Motion for Final Approval of Class Settlement and Appointment of Settlement Administrator currently pending in In re Blue Cross Blue Shield Antitrust Litigation, Doc. # 2812, MDL No. 2406, No. 2:13-cv-20000-RDP (N.D. Ala.), to respond to the Complaint in this action. Signed by Judge R David Proctor on 3/16/2022. (KAM) (Entered: 03/16/2022)
Docket(#62) STIPULATION re #1 Complaint,,,,,,,, ("Stipulation for extension of time to respond to complaint") by Blue Cross and Blue Shield Association. filed by Blue Cross and Blue Shield Association (Attachments: #1 Text of Proposed Order)(DeMasi, Karin) (Entered: 03/16/2022)
Docket(#61) Case transferred in from District of New York Southern; Case Number 1:21-cv-09101. Original file certified copy of transfer order and docket sheet received. (Entered: 03/01/2022)
DocketMDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Alabama. (sjo) [Transferred from New York Southern on 3/1/2022.] (Entered: 03/01/2022)
Docket(#60) CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Alabama. (Signed by MDL Panel on 2/23/2022) (sjo) [Transferred from New York Southern on 3/1/2022.] (Entered: 03/01/2022)
Docket(#59) ORDER granting #58 Letter Motion for Extension of Time. Absent further order by the Court or the JPML, Defendants' time to answer or otherwise respond to the Complaint is extended to March 21, 2022. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/13/2022)
Docket(#58) LETTER MOTION for Extension of Time to respond to Plaintiffs' complaint addressed to Magistrate Judge Sarah Netburn from Karin A. DeMasi dated January 12, 2022. Document filed by Blue Cross and Blue Shield Association. (Attachments: #1 Appendix A: Plaintiffs and Defendants in this Action).(DeMasi, Karin) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/12/2022)
Docket(#57) WAIVER OF SERVICE RETURNED EXECUTED. GuideWell Mutual Holding Corporation waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/07/2022)
Docket(#56) WAIVER OF SERVICE RETURNED EXECUTED. PREMERA and Premera Blue Cross waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 01/03/2022)
Docket(#55) WAIVER OF SERVICE RETURNED EXECUTED. Lifetime Healthcare, Inc. and Excellus Health Plan, Inc. waiver sent on 11/22/2021, answer due 1/21/2022. Document filed by MTA Bus Company; New York City Transit Authority; Metropolitan Transportation Authority; Metro-North Commuter Railroad Company; Manhattan And Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; MTA Construction and Development Company; Triborough Bridge and Tunnel Authority; The Long Island Rail Road Company..(Teres, Justin) [Transferred from New York Southern on 3/1/2022.] (Entered: 12/22/2021)
Docket(#5) FILING ERROR - SUMMONS REQUEST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Blue Cross and Blue Shield of Alabama; PREMERA and Premera Blue Cross, d/b/a Premera Blue Cross Blue Shield of Alaska; Blue Cross and Blue Shield of Arizona, Inc.; USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield; Anthem, Inc., f/k/a WellPoint, Inc. d/b/a Anthem Blue Cross Life and Health Insurance Company, Blue Cross of California, Blue Cross of Southern California, Blue Cross of Northern California and Blue Cross Blue Shield of Georgia, and also doing business through its subsidiaries or divisions, including, Anthem Health Plans, Inc. d/b/a Anthem Blue Cross Blue Shield of Connecticut, Rocky Mountain Hospital & Medical Service, Inc. d/b/a Anthem Blue Cross Blue Shield of Colorado and Anthem Blue Cross Blue Shield of Nevada, Anthem Insurance Companies, Inc. d/b/a Anthem Blue Cross Blue Shield of Indiana, Anthem Health Plans of Kentucky, Inc. d/b/a Anthem Blue Cross Blue Shield of Kentucky, Anthem Health Plans of Maine, Inc. d/b/a Anthem Blue Cross Blue Shield of Maine, Anthem Blue Cross Blue Shield of Missouri, RightCHOICE Managed Care, Inc., Healthy Alliance Life Insurance Company; HMO Missouri Inc., Anthem Health Plans of New Hampshire, Inc. d/b/a Anthem Blue Cross Blue Shield of New Hampshire, Empire HealthChoice Assurance, Inc. d/b/a Empire Blue Cross Blue Shield, Community Insurance Company d/b/a Anthem Blue Cross Blue Shield of Ohio, Anthem Health Plans of Virginia, Inc. d/b/a Anthem Blue Cross and Blue Shield of Virginia, Anthem Blue Cross Blue Shield of Wisconsin, and Compcare Health Services Insurance Corporation; California Physicians Service, d/b/a Blue Shield of California; Highmark Health, and Highmark Inc. d/b/a Highmark Blue Shield and Highmark Blue Cross Blue Shield and including Highmark Inc. predecessor Hospital Service Association of Northeastern Pennsylvania f/d/b/a Blue Cross of Northeastern Pennsylvania (together, Highmark BCBS); Highmark Blue Cross Blue Shield Delaware Inc. d/b/a Highmark Blue Cross Blue Shield Delaware, Highmark West Virginia Inc. d/b/a Highmark Blue Cross Blue Shield West Virginia; CareFirst, Inc. and its subsidiaries or affiliates Group Hospitalization and Medical Services, Inc., CareFirst of Maryland, Inc., and CareFirst BlueChoice, Inc., which collectively d/b/a CareFirst BlueCross BlueShield; GuideWell Mutual Holding Corporation and Blue Cross and Blue Shield of Florida, Inc. d/b/a Florida Blue; Hawaii Medical Service Association d/b/a Blue Cross and Blue Shield of Hawaii; Blue Cross of Idaho Health Service, Inc. d/b/a Blue Cross of Idaho; Cambia Health Solutions, Inc., f/d/b/a Regence BlueShield of Idaho, Regence Blue Cross Blue Shield of Oregon, Regence Blue Cross Blue Shield of Utah, and Regence Blue Shield (Washington) ; Health Care Service Corporation, a Mutual Legal Reserve Company, d/b/a Blue Cross and Blue Shield of Illinois, Blue Cross and Blue Shield of Montana, including its predecessor Caring for Montanans, Inc., Blue Cross and Blue Shield of New Mexico, Blue Cross and Blue Shield of Oklahoma, and Blue Cross and Blue Shield of Texas; Wellmark, Inc., including its subsidiaries and/or divisions, Wellmark Blue Cross and Blue Shield of Iowa, Wellmark of South Dakota, Inc. d/b/a Wellmark Blue Cross and Blue Shield of South Dakota; Blue Cross and Blue Shield of Kansas, Inc., Louisiana Health Service & Indemnity Company d/b/a Blue Cross and Blue Shield of Louisiana; Blue Cross and Blue Shield of Massachusetts, Inc.; Blue Cross Blue Shield of Michigan Mutual Insurance Company; Aware Integrated, Inc. and BCBSM, Inc., d/b/a Blue Cross and Blue Shield of Minnesota; Blue Cross & Blue Shield of Mississippi, a Mutual Insurance Company; Blue Cross and Blue Shield of Kansas City; GoodLife Partners, Inc.; Blue Cross and Blue Shield of Nebraska; Horizon Healthcare Services, Inc., d/b/a Horizon Blue Cross Blue Shield of New Jersey; HealthNow Systems, Inc.; HealthNow New York, Inc. d/b/a BlueCross BlueShield of Western New York and BlueShield of Northeastern New York; Lifetime Healthcare, Inc. and Excellus Health Plan, Inc. d/b/a Excellus BlueCross BlueShield; Blue Cross and Blue Shield of North Carolina; Noridian Mutual Insurance Company and HealthyDakota Mutual Holdings and d/b/a Blue Cross Blue Shield of North Dakota; Capital Blue Cross; Independence Health Group, Inc. and Independence Hospital Indemnity Plan, Inc., f/k/a Independence Blue Cross; Triple-S Management Corporation and Triple S-Salud, Inc. ; Blue Cross & Blue Shield of Rhode Island; Blue Cross and Blue Shield of South Carolina; BlueCross BlueShield of Tennessee, Inc. ; Blue Cross and Blue Shield of Vermont; Blue Cross Blue Shield of Wyoming; and the Blue Cross and Blue Shield Association., re: #1 Complaint,,,,,,,,. Document filed by MTA Bus Company, MTA Construction and Development Company, Manhattan And Bronx Surface Transit Operating Authority, Metro-North Commuter Railroad Company, Metropolitan Transportation Authority, New York City Transit Authority, Staten Island Rapid Transit Operating Authority, The Long Island Rail Road Company, Triborough Bridge and Tunnel Authority..(Calcaterra, Regina) Modified on 11/5/2021 (jgo). [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
Docket(#4) CIVIL COVER SHEET filed..(Calcaterra, Regina) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Regina Marie Calcaterra to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): all of the parties whom summons is for must be listed on the 'as to' docket entry text;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
DocketCase Designated ECF. (jgo) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
DocketMagistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Regina Marie Calcaterra to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; Jury Demand code was not selected; Courthouse Assignment code was not selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/04/2021)
Docket(#3) FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint. Document filed by MTA Bus Company, MTA Construction and Development Company, Manhattan And Bronx Surface Transit Operating Authority, Metro-North Commuter Railroad Company, Metropolitan Transportation Authority, New York City Transit Authority, Staten Island Rapid Transit Operating Authority, The Long Island Rail Road Company, Triborough Bridge and Tunnel Authority..(Calcaterra, Regina) Modified on 11/4/2021 (jgo). [Transferred from New York Southern on 3/1/2022.] (Entered: 11/03/2021)
Docket(#2) FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Calcaterra, Regina) Modified on 11/4/2021 (jgo). [Transferred from New York Southern on 3/1/2022.] (Entered: 11/03/2021)
Docket(#1) COMPLAINT against Anthem, Inc., Aware Integrated, Inc., Blue Cross & Blue Shield of Mississippi, a Mutual Insurance Company, Blue Cross & Blue Shield of Rhode Island, Blue Cross Blue Shield of Michigan Mutual Insurance Company, Blue Cross Blue Shield of Wyoming, Blue Cross and Blue Shield Association, Blue Cross and Blue Shield of Alabama, Blue Cross and Blue Shield of Arizona, Inc., Blue Cross and Blue Shield of Kansas City, Inc., Blue Cross and Blue Shield of Kansas, Inc., Blue Cross and Blue Shield of Massachusetts, Inc., Blue Cross and Blue Shield of Nebraska, Blue Cross and Blue Shield of North Carolina, Blue Cross and Blue Shield of South Carolina, Blue Cross and Blue Shield of Vermont, Blue Cross of Idaho Health Service, Inc. d/b/a Blue Cross of Idaho, BlueCross BlueShield of Tennessee, Inc., California Physicians Service, Cambia Health Solutions, Inc., Capital Blue Cross, CareFirst, Inc., GoodLife Partners, Inc., GuideWell Mutual Holding Corporation, HMO Missouri Inc., Hawaii Medical Service Association d/b/a Blue Cross and Blue Shield of Hawaii, Health Care Service Corporation, a Mutual Legal Reserve Company, HealthNow New York, Inc., HealthNow Systems, Inc., Highmark Blue Cross Blue Shield Delaware Inc., Highmark Health, and Highmark Inc., Horizon Healthcare Services, Inc., Independence Health Group, Inc., Lifetime Healthcare, Inc., Noridian Mutual Insurance Company d/b/a Blue Cross Blue Shield of North Dakota, PREMERA and Premera Blue Cross, Triple-S Management Corporation, USAble Mutual Insurance Company d/b/a Arkansas Blue Cross and Blue Shield, Wellmark, Inc. d/b/a Wellmark Blue Cross and Blue Shield of Iowa. (Filing Fee $ 402.00, Receipt Number ANYSDC-25286567)Document filed by MTA Bus Company, New York City Transit Authority, Metropolitan Transportation Authority, Metro-North Commuter Railroad Company, Manhattan And Bronx Surface Transit Operating Authority, Staten Island Rapid Transit Operating Authority, MTA Construction and Development Company, Triborough Bridge and Tunnel Authority, The Long Island Rail Road Company..(Calcaterra, Regina) [Transferred from New York Southern on 3/1/2022.] (Entered: 11/03/2021)
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