This case was last updated from PACER on 09/14/2021 at 08:20:47 (UTC).

Pena v. Surgical Care Affiliates, LLC et al

Case Summary

On July 16, 2021, Alberto Peña, (“Plaintiff”), individually and on behalf of a Class of all similarly situated, represented by Justin Nicholas Boley and Kenneth A. Wexler of Wexler Wallace LLP, filed an antitrust action against Surgical Care Affiliates, LLC, SCAI Holdings, LLC, UnitedHealth Group, Inc., (collectively “SCA”), DaVita, Inc. (“DaVita”), United Surgical Partners Holding Company, Inc., United Surgical Partners International, Inc., Tenet Healthcare Corporation (collectively “USPI”), and John Doe 1 (collectively, “Defendants”), seeking declaratory and injunctive relief along with damages for the Defendant’s alleged anti competitive agreements that denied senior level employees access to job opportunities. This case was filed in the U.S. District Court in the Northern District of Illinois with Judge Charles R. Norgle, Sr. presiding.

 

The Plaintiff brought this action on behalf of themself and all others similarly situated, under Federal Rules of Civil Procedure 23(a), 23(b)(2) and 23(b)(3), as representatives of all persons who were employed as senior-level employees in the United States in the following three Classes: from May 1, 2010 to October 31, 2017 for Surgical Care Affiliates, LLC or one of its subsidiary outpatient medical care centers; from May 1, 2010 to October 31, 2017, for USPI or one of its subsidiaries; or from February 1, 2012 through June 30, 2019, for DaVita or one of its subsidiary outpatient medical care centers. 

 

In its complaint, the Plaintiff alleged that, “This case involves years-long no-poach agreements between Defendants, and these particular no-poach agreements led to a DOJ investigation and announcement on January 7, 2021,that it had secured a grand jury indictment against Defendant Surgical Care Affiliates, LLC, and SCAI Holdings, LLC. The no poach agreement between SCA and its co conspirators had been successfully concealed until the DOJ’s January 7, 2021, announcement, which publicly disclosed, for the first time, the no-poach agreement alleged among Defendants.”

 

It was further alleged by the Plaintiff that, “Defendants’ agreements also denied their senior-level employees access to job opportunities, restricted their mobility, and deprived them of significant information that they could have used to negotiate for better compensation and terms of employment.”

 

The Plaintiff also alleged that, “Defendants’ conspiracy restrained competition for senior-level employees and disrupted the normal bargaining and price-setting mechanisms that apply in competitive labor markets. This disruption and suppression of compensation was not limited to particular individuals who would otherwise have been solicited or sought to change employers. The effects of eliminating solicitation and lateral hiring, pursuant to agreement, caused widespread impact on Defendants’ senior-level employees by eliminating or reducing the flow of information and the need for preventive and reactive increases to compensation for the entire Class.”

 

There is one claim for relief laid down by the Plaintiff dealing with the alleged violation of Section 1 of the Sherman Act. 

 

In its prayer for relief, the Plaintiff has requested the Court to adjudge and decree this action to be a proper class action, and to hold that the Defendants have violated Section 1 of the Sherman Act, 15 U.S.C. §§ 1. Further, the Plaintiff requested the Court to award pre- and post-judgment interest as allowed by law, damages and injunctive relief enjoining the Defendants from entering into similar agreements in the future and grant costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-03803

  • Filing Date:

    07/16/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

Charles R. Norgle, Sr

 

Party Details

Plaintiff

Alberto Pena

Defendants

Surgical Care Affiliates, LLC

SCAI Holdings, LLC

UnitedHealth Group, Inc.

DaVita, Inc.

United Surgical Partners Holding Company, Inc.

United Surgical Partners International, Inc.

Tenet Healthcare Corporation

John Doe 1

Attorney/Law Firm Details

Plaintiff Attorneys

Justin Nicholas Boley

Attorney at Wexler Wallace Llp

55 W. Monroe St., Ste. 3300

Chicago, IL 60603

Kenneth A. Wexler

Attorney at Wexler Wallace LLP

55 West Monroe, Suite 3300

Chicago, IL 60603

David M Cialkowski

Attorney at Zimmerman Reed, PLLP

1100 Ids Center, 80 South Eighth Street

Minneapolis, MN 55402

Catherine Sung-Yun K. Smith

120 South Sixth Street, Suite 2600

Minneapolis, MN 55402

Daniel C Hedlund

Attorney at Gustafson Gluek PLLC

120 South 6Th Street, Suite 2600

Minneapolis, MN 55402

Defendant Attorneys

Latiera J. Scott-Johnson

Attorney at Morgan, Lewis & Bockius LLP

110 N. Wacker Drive, Suite 2800

Chicago, IL 60606

Molly Moriarty Lane

Attorney at Morgan Lewis & Bockius LLP

One Market Street, Spear Street Tower

San Francisco, CA 94105

Romeo S. Quinto

Attorney at Morgan Lewis & Bockius LLP

110 North Wacker Drive, Suite 2800

Chicago, IL 60606

 

Court Documents

#17

(#17) ATTORNEY Appearance for Defendant DaVita, Inc. by Latiera J. Scott-Johnson (Scott-Johnson, Latiera) (Entered: 08/09/2021)

#16

(#16) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18543831. (Lane, Molly) (Entered: 08/06/2021)

#15

(#15) NOTICE of Voluntary Dismissal by Alberto Pena (Wexler, Kenneth) (Entered: 08/06/2021)

#14

(#14) ATTORNEY Appearance for Defendant DaVita, Inc. by Romeo S. Quinto (Quinto, Romeo) (Entered: 08/06/2021)

#13

(#13) SUMMONS Returned Executed by Alberto Pena as to SCAI Holdings, LLC on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#12

(#12) SUMMONS Returned Executed by Alberto Pena as to Surgical Care Affiliates, LLC on 7/22/2021, answer due 8/12/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#11

(#11) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18511024. (Smith, Cathy) (Entered: 07/29/2021)

#10

(#10) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18510943. (Hedlund, Daniel) (Entered: 07/29/2021)

#9

(#9) SUMMONS Returned Executed by Alberto Pena as to UnitedHealth Group, Inc. on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#8

No Description Available

#7

(#7) SUMMONS Returned Executed by Alberto Pena as to United Surgical Partners Holding Company, Inc. on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#6

(#6) SUMMONS Returned Executed by Alberto Pena as to Tenet Healthcare Corporation on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#5

(#5) SUMMONS Returned Executed by Alberto Pena as to DaVita, Inc. on 7/27/2021, answer due 8/17/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

#4

(#4) ATTORNEY Appearance for Plaintiff Alberto Pena by David M Cialkowski (Cialkowski, David) (Entered: 07/20/2021)

#3

(#3) ATTORNEY Appearance for Plaintiff Alberto Pena by Justin Nicholas Boley (Boley, Justin) (Entered: 07/16/2021)

#2

(#2) ATTORNEY Appearance for Plaintiff Alberto Pena by Kenneth A. Wexler (Wexler, Kenneth) (Entered: 07/16/2021)

1 #1

Civil Cover Sheet

8 More Documents Available
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Docket Entries

  • 08/09/2021
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  • Docket(#18) MINUTE entry before the Honorable Charles R. Norgle: Motion to appear pro hac vice #10 is granted. Motion to appear pro hac vice #11 is granted. Motion to appear pro hac vice #16 is granted. Civil case terminated #15 . Mailed notice (ewf, ) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#17) ATTORNEY Appearance for Defendant DaVita, Inc. by Latiera J. Scott-Johnson (Scott-Johnson, Latiera) (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#16) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18543831. (Lane, Molly) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#15) NOTICE of Voluntary Dismissal by Alberto Pena (Wexler, Kenneth) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#14) ATTORNEY Appearance for Defendant DaVita, Inc. by Romeo S. Quinto (Quinto, Romeo) (Entered: 08/06/2021)

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  • 07/29/2021
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  • Docket(#13) SUMMONS Returned Executed by Alberto Pena as to SCAI Holdings, LLC on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#12) SUMMONS Returned Executed by Alberto Pena as to Surgical Care Affiliates, LLC on 7/22/2021, answer due 8/12/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#11) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18511024. (Smith, Cathy) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#10) MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18510943. (Hedlund, Daniel) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#9) SUMMONS Returned Executed by Alberto Pena as to UnitedHealth Group, Inc. on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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1 More Docket Entries
  • 07/29/2021
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  • Docket(#7) SUMMONS Returned Executed by Alberto Pena as to United Surgical Partners Holding Company, Inc. on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#6) SUMMONS Returned Executed by Alberto Pena as to Tenet Healthcare Corporation on 7/26/2021, answer due 8/16/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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  • 07/29/2021
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  • Docket(#5) SUMMONS Returned Executed by Alberto Pena as to DaVita, Inc. on 7/27/2021, answer due 8/17/2021. (Wexler, Kenneth) (Entered: 07/29/2021)

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  • 07/21/2021
  • DocketSUMMONS Issued as to Defendants DaVita, Inc., SCAI Holdings, LLC, Tenet Healthcare Corporation, United Surgical Partners Holding Company, Inc., United Surgical Partners International, Inc., UnitedHealth Group, Inc. (sxh, ) (Entered: 07/21/2021)

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  • 07/20/2021
  • DocketSUMMONS Issued as to Defendant Surgical Care Affiliates, LLC (sxh, ) (Entered: 07/20/2021)

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  • 07/20/2021
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  • Docket(#4) ATTORNEY Appearance for Plaintiff Alberto Pena by David M Cialkowski (Cialkowski, David) (Entered: 07/20/2021)

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  • 07/16/2021
  • DocketCASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (rp, ) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#3) ATTORNEY Appearance for Plaintiff Alberto Pena by Justin Nicholas Boley (Boley, Justin) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#2) ATTORNEY Appearance for Plaintiff Alberto Pena by Kenneth A. Wexler (Wexler, Kenneth) (Entered: 07/16/2021)

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  • 07/16/2021
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  • Docket(#1) COMPLAINT filed by Alberto Pena; Jury Demand. Filing fee $ 402, receipt number 0752-18466831. (Attachments: #1 Civil Cover Sheet)(Wexler, Kenneth) (Entered: 07/16/2021)

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