Case: Roe v. Empire Blue Cross Blue Shield

U.S. Court of Appeals for the Second Circuit

ORDER: Plaintiffs, having moved this Court for an Order permitting them to file their complaint anonymously and having demonstrated to the Court's satisfaction that a justifiable basis exists for doing so, IT IS HEREBY ORDERED that the Complaint annexed hereto may be filed anonymously. (Signed by Judge George B. Daniels, Part I on 6/19/2012) (mro) (Entered: 06/22/2012)

COMPLAINT against Empire Blue Cross Blue Shield, St. Joseph's Medical Center. (Filing Fee $ 350.00, Receipt Number 1041379)Document filed by Jane Roe, Jane Doe.(mro) (Entered: 06/22/2012)

STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (mro) (Entered: 06/22/2012)

SUMMONS ISSUED as to Empire Blue Cross Blue Shield, St. Joseph's Medical Center. (mro)

Magistrate Judge Ronald L. Ellis is so designated. (mro)

Case Designated ECF. (mro)

NOTICE of Related Case. Document filed by Jane Doe, Jane Roe. (Norton, Jeffrey) (Entered: 06/22/2012)

NOTICE OF CHANGE OF ADDRESS by Debra Sue Cohen on behalf of Jane Doe, Jane Roe. New Address: Newman Ferrara LLP, 1250 Broadway, 27th Floor, New York, New York, USA 10001, 2126195400. (Cohen, Debra) (Entered: 06/22/2012)

ORDER INITIAL PRETRIAL CONFERENCE: that a Initial Conference is set for 7/25/2012 at 11:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 6/25/2012) (pl) (Entered: 06/25/2012)

NOTICE OF APPEARANCE by Arthur J. Robb on behalf of St. Joseph's Medical Center (Robb, Arthur) (Entered: 07/06/2012)

ENDORSED LETTER addressed to Judge P. Kevin Castel from Jeffrey M. Norton dated 7/11/2012 re: We respectfully request that the scheduled Conference be adjourned until all parties' attorneys have appeared. ENDORSEMENT: Conference Adjourned From: July 25 To: Sept 18 at 12:30 pm., ( Initial Conference set for 9/18/2012 at 12:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 7/11/2012) (lmb) (Entered: 07/12/2012)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - WAIVER re: the Service of Summons for St. Joseph's Medical Center. Document filed by Jane Doe, Jane Roe.(McLaughlin, Randolph) Modified on 7/31/2012 (ka). (Entered: 07/30/2012)

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - WAIVER re: the Service of Summons for Empire Blue Cross Blue Shield. Document filed by Jane Doe, Jane Roe.(McLaughlin, Randolph) Modified on 7/31/2012 (ka). (Entered: 07/30/2012)

WAIVER OF SERVICE RETURNED EXECUTED. St. Joseph's Medical Center waiver sent on 6/20/2012, answer due 8/20/2012. Document filed by Jane Roe; Jane Doe. (McLaughlin, Randolph) (Entered: 07/31/2012)

WAIVER OF SERVICE RETURNED EXECUTED. Empire Blue Cross Blue Shield waiver sent on 6/29/2012, answer due 8/28/2012. Document filed by Jane Roe; Jane Doe. (McLaughlin, Randolph) (Entered: 07/31/2012)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Randolph M. McLaughlin to RE-FILE Document 9 Waiver. Use the event type Waiver of Service Executed found under the event list Service of Process. (ka)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Randolph M. McLaughlin to RE-FILE Document 10 Waiver. Use the event type Waiver of Service Executed found under the event list Service of Process. (ka)

ENDORSED LETTER addressed to Judge P. Kevin Castel from Arthur J. Robb dated 8/14/2012 re: Counsel request a three-week extension of SJMC's time to respond to the complaint to September 10, 2012. Additionally, Empire Blue Cross Blue Shield (Empire) requests an extension to make its response also due on September 10, 2012. ENDORSEMENT: Application granted. Empire Blue Cross Blue Shield answer due 9/10/2012; St. Joseph's Medical Center answer due 9/10/2012. (Signed by Judge P. Kevin Castel on 8/15/2012) (jfe) (Entered: 08/15/2012)

NOTICE OF APPEARANCE by Douglas Scott Heffer on behalf of Empire Blue Cross Blue Shield (Heffer, Douglas) (Entered: 09/10/2012)

NOTICE OF APPEARANCE by Robert Allen Scher on behalf of Empire Blue Cross Blue Shield (Scher, Robert) (Entered: 09/10/2012)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wellpoint Inc. for Empire Blue Cross Blue Shield. Document filed by Empire Blue Cross Blue Shield.(Scher, Robert) (Entered: 09/10/2012)

NOTICE OF APPEARANCE by Michael J. Tuteur on behalf of Empire Blue Cross Blue Shield (Tuteur, Michael) (Entered: 09/10/2012)

NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge P. Kevin Castel is no longer assigned to the case. (pgu) (Entered: 09/12/2012)

Magistrate Judge George A. Yanthis is so redesignated. (pgu)

NOTICE OF COURT CONFERENCE: A pre-motion conference will be held before the Hon. Edgardo Ramos, U.S.D.J. on October 2, 2012 at 9:30 am at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 218. Plaintiffs' counsel to submit a letter in response (not to exceed 5 pages) by September 28, 2012. Pre-Motion Conference set for 10/2/2012 at 09:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Edgardo Ramos. (lnl) (Entered: 09/14/2012)

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 10/2/2012.Plaintiffs' counsel and Defendants' counsel present. Each Defendant granted leave to file motion to dismiss with following briefing schedule: moving papers due November 1, 2012; opposition due December 3, 2012; and reply due December 17, 2012. (Motions due by 11/1/2012. Replies due by 12/17/2012. Responses due by 12/3/2012.) (lnl)

ENDORSED LETTER addressed to Judge Edgardo Ramos from Jeffrey Norton dated 10/18/2012 re: Counsel writes to inform the Court about the Second Circuit's decision. ENDORSEMENT: Pre-motion conference to be held on Nov. 1, 2012 at 11:00am. Opposing counsel to state position by letter (not to exceed 3 pages) by Oct. 26, 2012. (Pre-Motion Conference set for 11/1/2012 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 10/19/2012) (mml) (Entered: 10/19/2012)

ENDORSED LETTER addressed to Judge Edgardo Ramos from Arthur J. Robb dated 10/22/2012 re: The parties request the Court to hold the motion to dismiss briefing schedule in abeyance pending modification at the November 1, 2012 pre-motion conference on plaintiffs' contemplated motion. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 10/23/2012) (mml) (Entered: 10/24/2012)

RESCHEDULING NOTICE:Pre-Motion Conference reset for 11/7/2012 at 09:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Edgardo Ramos. (lb) (Entered: 11/01/2012)

Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 11/7/2012. Plaintiffs' counsel and Defendants' counsel present. Angela O'Donnell is Court Reporter. Plaintiffs permitted to submit letter with additional case briefing by November 9, 2012. Defendants to respond by November 16, 2012. The Court will notify the parties of the new briefing schedule after consideration of the additional submission. (Court Reporter Angela O'Donnell) (mml)

ENDORSED LETTER addressed to Judge Edgardo Ramos from Jeffrey M. Norton dated 11/7/2012 re: Counsel requests an extension until November 14, 2012 to file a supplemental letter. Counsel for Defendants consents as long as they are permitted until November 21, 2012 to respond. ENDORSEMENT: The application is granted. (Signed by Judge Edgardo Ramos on 11/8/2012) (mml) (Entered: 11/08/2012)

NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Edgardo Ramos is no longer assigned to the case. (pgu)

ENDORSED LETTER addressed to Judge Edgardo Ramos from Randolph M. McLaughlin dated 7/11/2013 re: Plaintiffs respectfully renew their request for leave to file a preliminary injunction motion. ENDORSEMENT: Pre-motion Conference scheduled for Aug. 15, 2013 at 10:30am. SO ORDERED. (Pre-Motion Conference set for 8/15/2013 at 10:30 AM before Judge Nelson Stephen Roman.) (Signed by Judge Nelson Stephen Roman on 7/22/2013) (mml) (Entered: 07/23/2013)

Minute Entry for proceedings held before Judge Nelson Stephen Roman: Pre-Motion Conference held on 8/15/2013. Plaintiffs' counsel and Defendants' counsel present. Angela O'Donnell is Court Reporter. Each Defendant granted leave to file a motion to dismiss. Plaintiffs are granted leave to file a cross motion for preliminary injunction. The briefing schedule is as follows: Defendants will serve their motion on September 30, 2013; Plaintiffs will serve their opposition to Defendants' motion and their cross motion on October 30, 2013; Defendants will serve their replies and their oppositions to Plaintiffs' cross motion on December 2, 2013; and Plaintiffs will serve their reply on December 23, 2013. Plaintiffs requested and were granted an extension of page limits on opening and opposition Memoranda to 45 pages in length. The parties are directed to file all motion documents on December 23, 2013, and to provide 2 copies of all documents to chambers as the documents are served. (Court Reporter Angela O'Donnell) (mml)

ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Arthur J. Robb dated 11/21/2013 re: Counsel writes to request a modification of the briefing schedule concerning defendants' time to oppose plaintiffs' cross-motion for preliminary injunction and reply on their motions to dismiss and plaintiffs' time to reply on their cross-motion. ENDORSEMENT: The application is granted. Briefing schedule is extended as follows: Defendants' opposition/reply papers to be served on Dec. 24, 2013; and Plaintiffs' reply papers to be served on Jan. 24, 2014. All motion documents are to be filed on Jan. 24, 2014. (Motions due by 1/24/2014.) (Signed by Judge Nelson Stephen Roman on 11/25/2013) (mml) (Entered: 11/26/2013)

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss. Document filed by Empire Blue Cross Blue Shield. (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss)(Scher, Robert) Modified on 1/27/2014 (ldi). (Entered: 01/24/2014)

1 Memorandum of Law in Support of Motion to Dismiss

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FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Declaration of Robert A Scher in Support of Motion to Dismiss. Document filed by Empire Blue Cross Blue Shield. (Attachments: # 1 Exhibit A)(Scher, Robert) Modified on 1/27/2014 (ldi). (Entered: 01/24/2014)

1 Exhibit A

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MOTION to Dismiss. Document filed by St. Joseph's Medical Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Robb, Arthur) (Entered: 01/24/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss.. Document filed by St. Joseph's Medical Center. (Robb, Arthur) (Entered: 01/24/2014)

FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Dismiss Exhibit B and Exhibit C to Declaration of Robert A. Scher. Document filed by Empire Blue Cross Blue Shield. (Attachments: # 1 Exhibit C)(Scher, Robert) Modified on 1/27/2014 (ldi). (Entered: 01/24/2014)

1 Exhibit C

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MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss., 26 MOTION to Dismiss. AND IN SUPPORT OF CROSS-MOTION FOR PRELIMINARY INJUNCTION. Document filed by Jane Doe, Jane Roe. (Norton, Jeffrey) (Entered: 01/24/2014)

MOTION for Preliminary Injunction. Document filed by Jane Doe, Jane Roe.(Norton, Jeffrey) (Entered: 01/24/2014)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Allen Scher to RE-FILE Document 26 MOTION to Dismiss. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Robert Allen Scher to RE-FILE Document 27 MOTION to Dismiss Declaration of Robert A Scher in Support of Motion to Dismiss. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Robert Allen Scher: Document No. 30 is an Exhibit. This document is NOT filed via ECF. Exhibits are ONLY filed as attachments to a supporting document. (ldi)

AFFIRMATION of Jeffrey M. Norton, Esq. in Opposition re: 28 MOTION to Dismiss., 26 MOTION to Dismiss.. Document filed by Jane Doe, Jane Roe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Norton, Jeffrey) (Entered: 01/26/2014)

1 Exhibit A

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2 Exhibit B

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DECLARATION of Jane Roe in Support re: 32 MOTION for Preliminary Injunction.. Document filed by Jane Doe, Jane Roe. (Attachments: # 1 Exhibit A)(Norton, Jeffrey) (Entered: 01/26/2014)

1 Exhibit A

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DECLARATION of Jane Doe in Support re: 32 MOTION for Preliminary Injunction.. Document filed by Jane Doe, Jane Roe. (Norton, Jeffrey) (Entered: 01/26/2014)

FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss. and Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Empire Blue Cross Blue Shield. (Scher, Robert) Modified on 1/27/2014 (db). (Entered: 01/27/2014)

MOTION to Dismiss. Document filed by Empire Blue Cross Blue Shield.(Scher, Robert) (Entered: 01/27/2014)

MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss.. Document filed by Empire Blue Cross Blue Shield. (Scher, Robert) (Entered: 01/27/2014)

DECLARATION of Robert A. Scher in Support re: 37 MOTION to Dismiss.. Document filed by Empire Blue Cross Blue Shield. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Scher, Robert) (Entered: 01/27/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss. and opposition to motion for preliminary injunction. Document filed by St. Joseph's Medical Center. (Robb, Arthur) (Entered: 01/27/2014)

REPLY AFFIDAVIT of Dean Civitello in Support re: 28 MOTION to Dismiss.. Document filed by St. Joseph's Medical Center. (Robb, Arthur) (Entered: 01/27/2014)

REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss. and Opposition to Plaintiffs' Motion for Preliminary Injunction. Document filed by Empire Blue Cross Blue Shield. (Scher, Robert) (Entered: 01/27/2014)

REPLY MEMORANDUM OF LAW in Support re: 32 MOTION for Preliminary Injunction.. Document filed by Jane Doe, Jane Roe. (Norton, Jeffrey) (Entered: 01/27/2014)

LETTER addressed to Judge Nelson Stephen Roman from Jeffrey M. Norton, Esq. dated January 27, 2014 re: the parties' January 24, 2014 bundled e-filing. Document filed by Jane Doe, Jane Roe.(Norton, Jeffrey) (Entered: 01/27/2014)

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Robert Allen Scher to RE-FILE Document 36 Reply Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)

OPINION & ORDER re: 28 MOTION to Dismiss filed by St. Joseph's Medical Center, 37 MOTION to Dismiss filed by Empire Blue Cross Blue Shield, 32 MOTION for Preliminary Injunction filed by Jane Roe, Jane Doe. For the foregoing reasons, Defendants' motion to dismiss is GRANTED. The Clerk of the Court is respectfully requested to terminate the motions, Docket Nos. 28, 32, and 37, and close the case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/1/2014) (mml) (Entered: 05/02/2014)

INTERNET CITATION NOTE: Material from decision with Internet citation re: 45 Memorandum & Opinion. (fk) (Entered: 06/09/2014)

Transmission to Judgments and Orders Clerk. Transmitted re: 45 Opinion & Order to the Judgments and Orders Clerk. (mml)

JUDGMENT: That for the reasons stated in the Court's Opinion and Order (Doc. #45), Defendants' Motion to dismiss is granted and the Complaint is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 5/2/2014) (mml) (Entered: 05/02/2014)

NOTICE OF APPEAL from 46 Clerk's Judgment,. Document filed by Jane Doe, Jane Roe. Filing fee $ 505.00, receipt number 0208-9703546. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Norton, Jeffrey) (Entered: 05/22/2014)

Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 47 Notice of Appeal. (tp)

Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 47 Notice of Appeal filed by Jane Roe, Jane Doe were transmitted to the U.S. Court of Appeals. (tp)

MANDATE of USCA (Certified Copy) as to 47 Notice of Appeal filed by Jane Roe, Jane Doe USCA Case Number 14-1759-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/13/2015. (nd) (Entered: 01/13/2015)

Costs Taxed as to 49 USCA Mandate, USCA Case Number 14-1759. in the amount of $323.20. on 03/06/2015 in favor of Empire Blue Cross Blue Shield, St. Josephs Medical Center, Defendants-Appellees against Jane Roe, individually and on the behalf of all others similarly situated, Jane Doe, individually and on behalf of all others similarly situated, Plaintiffs-Appellants,. (nd) (Entered: 03/06/2015)