Case: Boyden v. Conlin

Boyden v. State of Wisconsin Department of Employee Trust Funds

U.S. Court of Appeals for the Seventh Circuit

COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number 0758-2003648.), filed by All Plaintiffs. (Fairweather, Nicholas) (Additional attachment(s) added on 4/7/2017: # 1 New Case Party Information Sheet) (lak). Modified on 4/10/2017: Terminated defendant State of Wisconsin Department of Employee Trust Funds & Group Insurance Board; Terminated defendant Dean Health Insurance. Added defendant State of Wisconsin Department of Employee Trust Funds; Added defendant State of Wisconsin Group Insurance Board; Added defendant Dean Health Plan, Inc. Added party text for individual defendants. (lak) # 2 JS-44 Civil Cover Sheet) (Entered: 04/07/2017)

Exhibit to 1 Complaint filed by Alina Boyden, Shannon Andrews (Attachments: # 1 Summons - State of Wisconsin Department of Employee Trust Funds, # 2 Summons - State of Wisconsin Group Insurance Board, # 3 Summons - Robert J. Conlin, # 4 Summons - Board of Regents of the University of Wisconsin System, # 5 Summons - Raymond W. Cross, # 6 Summons - Rebecca M. Blank, # 7 Summons - University of Wisconsin School of Medicine and Public Health, # 8 Summons - Robert N. Golden, MD, # 9 Summons - Dean Health Plan, Inc., # 10 Summons - Wisconsin Physicians Service Insurance Corporation) (Fairweather, Nicholas) Modified on 4/10/2017. (lak) (Entered: 04/07/2017)

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (jls)

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Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding Assignment of Cases, Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, Order on Dispositive Motions. (jls)

Standard Attachments Sent

Summons Issued as to Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Dean Health Plan, Inc., Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health, and Wisconsin Physicians Service Insurance Corporation. (jls) (Entered: 04/10/2017)

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (cak)

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Waiver of Service Returned Executed by Defendant Dean Health Plan, Inc. Dean Health Plan, Inc. waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 04/21/2017)

Waiver of Service Returned Executed by Defendant Wisconsin Physicians Service Insurance Corporation. Wisconsin Physicians Service Insurance Corporation waiver sent on 4/21/2017, answer due 6/20/2017. (Fairweather, Nicholas) (Entered: 04/21/2017)

Disregard. See 14 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 15 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 16 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 17 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 18 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 19 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 20 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Disregard. See 21 . Modified on 5/12/2017. (lak) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant State of Wisconsin Department of Employee Trust Funds. State of Wisconsin Department of Employee Trust Funds waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant Rebecca M. Blank. Rebecca M. Blank waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant Raymond W. Cross. Raymond W. Cross waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant University of Wisconsin School of Medicine and Public Health. University of Wisconsin School of Medicine and Public Health waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant Robert J. Conlin. Robert J. Conlin waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant Board of Regents of the University of Wisconsin System. Board of Regents of the University of Wisconsin System waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant Robert N. Golden. Robert N. Golden waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Waiver of Service Returned Executed by Defendant State of Wisconsin Group Insurance Board. State of Wisconsin Group Insurance Board waiver sent on 4/20/2017, answer due 6/19/2017. (Fairweather, Nicholas) (Entered: 05/12/2017)

Notice of Appearance filed by Steven Carl Kilpatrick for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Kilpatrick, Steven) (Entered: 05/15/2017)

Notice of Appearance filed by Colin Thomas Roth for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Roth, Colin) (Entered: 05/15/2017)

Notice of Voluntary Dismissal by Plaintiffs Shannon Andrews, Alina Boyden. (Fairweather, Nicholas) (Entered: 05/24/2017)

Notice of Appearance filed by Lynn Marie Stathas for Defendant Dean Health Plan, Inc. (Stathas, Lynn) (Entered: 05/24/2017)

Notice of Appearance filed by Monica Ann Mark for Defendant Dean Health Plan, Inc. (Mark, Monica) (Entered: 05/24/2017)

Party Wisconsin Physicians Service Insurance Corporation (d/b/a WPS Health Solultions) terminated pursuant to Fed. R. Civ. P. 41(a)(1) without further order of the court. (jat)

Terminate Parties pursuant to Fed. R. Civ. P. 15(a) - public docket entry

Terminate Parties pursuant to Rule 41(a)(1) - public docket entry

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Notice of Right to Sue, # 2 Exhibit 2 - Notice of Right to Sue, # 3 Exhibit 3 - Notice of Right to Sue) (Fairweather, Nicholas) (Entered: 06/16/2017)

1 Exhibit 1 - Notice of Right to Sue

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2 Exhibit 2 - Notice of Right to Sue

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3 Exhibit 3 - Notice of Right to Sue

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MOTION TO DISMISS (RULE 12(B)(1) AND (6)) AND, ALTERNATIVELY, MOTION TO STAY by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. Brief in Opposition due 7/13/2017. Brief in Reply due 7/24/2017. (Kilpatrick, Steven) Modified on 6/22/2017. (lak) (Entered: 06/22/2017)

Brief in Support of 28 Motion to Dismiss and, Alternatively, Motion to Stay by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Kilpatrick, Steven) Modified on 6/22/2017. (lak) (Entered: 06/22/2017)

Set Telephonic Pretrial Conference: Telephonic Pretrial Conference set for 7/26/2017 at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [Standing Order Governing Preliminary Pretrial Conference attached] (jls)

Set Pretrial or Status Conference

MOTION TO DISMISS by Defendant Dean Health Plan, Inc. Brief in Opposition due 7/19/2017. Brief in Reply due 7/31/2017. (Stathas, Lynn) (Entered: 06/28/2017)

Brief in Support of 30 Motion to Dismiss by Defendant Dean Health Plan, Inc. (Stathas, Lynn) (Entered: 06/28/2017)

Motion for Extension of Time by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. (Fairweather, Nicholas) (Entered: 06/29/2017)

** TEXT ONLY ORDER **ORDER granting 32 Motion for Extension of Time. Plaintiffs should not expect another extension of this deadline. Brief in Opposition due 8/11/2017. Brief in Reply due 8/21/2017. Signed by Magistrate Judge Stephen L. Crocker on 6/30/2017. (jls) (Entered: 06/30/2017)

Order on Motion for Extension of Time

Motion for Extension of Time by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 7/17/2017. (Fairweather, Nicholas) (Entered: 07/10/2017)

** TEXT ONLY ORDER **ORDER granting 34 Motion for Extension of Time. Brief in Opposition due 8/11/2017. Brief in Reply due 8/21/2017. Signed by Magistrate Judge Stephen L. Crocker on 7/12/2017. (jls) (Entered: 07/12/2017)

Order on Motion for Extension of Time

Joint Report of Rule 26(f) Planning Meeting. (Fairweather, Nicholas) (Entered: 07/21/2017)

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 7/26/2017 [:25] (mfh)

Telephone Preliminary Pretrial Conference

Pretrial Conference Order - Dispositive Motions due 5/11/2018. Settlement Letters due 8/31/2018. Motions in Limine due 9/7/2018. Response to Motion due 9/21/2018. Final Pretrial Submissions due 9/11/2018. Final Pretrial Conference set for 10/2/2018 at 04:00 PM. Court Trial set for 10/9/2018 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 8/3/2017. (jls) (Entered: 08/03/2017)

Joint Motion for Extension of Time to File Reply to Plaintiffs' Response to Their Motions to Dismiss by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Dean Health Insurance, Dean Health Plan, Inc., Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health, Wisconsin Physicians Service Insurance Corporation. Motions referred to Magistrate Judge Stephen L. Crocker. (Kilpatrick, Steven) Modified on 8/13/2017: This was filed on behalf of terminated defendants. (lak) (Entered: 08/11/2017)

Brief in Opposition by Plaintiffs Shannon Andrews, Alina Boyden re: 28 Motion to Dismiss, filed by Rebecca M. Blank, Raymond W. Cross, State of Wisconsin Department of Employee Trust Funds, Robert J. Conlin, University of Wisconsin School of Medicine and Public Health, Board of Regents of the University of Wisconsin System, State of Wisconsin Group Insurance Board, Robert N. Golden. (Dupuis, Laurence) (Entered: 08/11/2017)

Brief in Opposition by Plaintiffs Shannon Andrews, Alina Boyden re: 30 Motion to Dismiss filed by Dean Health Plan, Inc. (Dupuis, Laurence) (Entered: 08/11/2017)

** TEXT ONLY ORDER **ORDER granting 38 Motion for Extension of Time. Brief in Reply due 8/28/2017. Signed by Magistrate Judge Stephen L. Crocker on 8/14/2017. (jls) (Entered: 08/14/2017)

Order on Motion for Extension of Time

Brief in Reply by Defendant Dean Health Plan, Inc. in Support of 30 Motion to Dismiss. (Stathas, Lynn) (Entered: 08/28/2017)

Brief in Reply by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health in Support of 28 Motion to Dismiss. (Roth, Colin) (Entered: 08/28/2017)

ORDER granting defendant Dean Health Plan, Inc.'s 30 Motion to Dismiss and dismissing Dean Health Plan, Inc. as a defendant. Signed by District Judge William M. Conley on 11/20/2017. (jls)

**TEXT ONLY ORDER** Judge Conley recently modified his attachments to the Preliminary Pretrial Conference Order, which you may access via this hyperlink: Attachments to Preliminary Pretrial Conference Order. Please note that occasionally Judge Conley makes changes to these attachments. As such, unless you do not have access to the attachments electronically (e.g., you are a pro se litigant), you should review the most recent version of the appropriate attachment to assure compliance when preparing summary judgment or other pre-trial submissions. (lak) (Entered: 02/15/2018)

Notice (Other)

Stipulated Motion for Protective Order by Plaintiffs Shannon Andrews, Alina Boyden. (Dupuis, Laurence) (Entered: 02/26/2018)

Notice of Appearance filed by Caitlin Marie Madden for Plaintiffs Shannon Andrews, Alina Boyden. (Madden, Caitlin) (Entered: 02/27/2018)

** TEXT ONLY ORDER ** The parties' 46 stipulated protective order is accepted and entered as the court's order. Signed by Magistrate Judge Stephen L. Crocker on 2/28/2018. (jls) (Entered: 02/28/2018)

Order on Motion for Protective Order

Notice of Appearance filed by Asma Imtiazali Kadri for Plaintiffs Shannon Andrews, Alina Boyden. (Kadri, Asma) (Entered: 03/06/2018)

Notice by Plaintiffs Shannon Andrews, Alina Boyden of Stipulation Regarding Disclosure of Expert Witnesses. (Fairweather, Nicholas) Modified on 3/12/2018. (lak) (Entered: 03/09/2018)

Deposition of Herschel E. Day taken on 4/2/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

Deposition of David H. Nispel taken on 4/3/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

Deposition of Michael S. Farrell taken on 4/11/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

Deposition of Robert J. Conlin taken on 4/18/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 5/4/2018. (Fairweather, Nicholas) (Entered: 04/27/2018)

Brief in Support of 55 Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. (Sealed Document) (Fairweather, Nicholas) Modified on 4/27/2018. (lak) (Entered: 04/27/2018)

Declaration of Caitlin M. Madden filed by Plaintiffs Shannon Andrews, Alina Boyden re: 55 Motion to Compel, (Sealed Document) (Attachments: # 1 Exhibit A - December 30, 2016 Open Meeting Minutes, # 2 Exhibit B - Defendants' Supplemental Responses to Discovery Requests, # 3 Exhibit C - January 30, 2017 ETF Memorandum, # 4 Exhibit D - December 30, 2016 GIB Closed Session Meeting Minutes, # 5 Exhibit E - DOJ Fiduciary Duty Memo, # 6 Exhibit F - Defendants' Claw Back Requests, # 7 Exhibit G - Plaintiffs' Response to Defendants' Claw Back Requests, # 8 Exhibit H - Defendants' Reply to Plaintiffs' Response to Claw Back Requests) (Fairweather, Nicholas) (Entered: 04/27/2018)

Redaction to 57 Declaration of Caitlin M. Madden by Plaintiffs Shannon Andrews, Alina Boyden, (Attachments: # 1 Exhibit A - December 30, 2016 Open Meeting Minutes, # 2 Exhibit B - Defendants' Supplemental Responses to Discovery Requests, # 3 Exhibit C - January 30, 2017 ETF Memorandum, # 4 Exhibit D - December 30, 2016 GIB Closed Session Meeting Minutes, # 5 Exhibit E - DOJ Fiduciary Duty Memo, # 6 Exhibit F - Defendants' Claw Back Requests, # 7 Exhibit G - Plaintiffs' Response to Defendants' Claw Back Requests, # 8 Exhibit H - Defendants' Reply to Plaintiffs' Response to Claw Back Requests) (Fairweather, Nicholas) (Entered: 04/27/2018)

Redaction to 56 Brief in Support of Motion to Compel by Plaintiffs Shannon Andrews, Alina Boyden. (Fairweather, Nicholas) Modified on 4/30/2018. (lak) (Entered: 04/27/2018)

Set Deadlines as to 55 Motion to Compel. Brief in Opposition due 5/7/2018. Brief in Reply due 5/14/2018. (jls)

Set Motion and R&R Deadlines/Hearings

Notice of Appearance filed by Jody J. Schmelzer for Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health. (Schmelzer, Jody) (Entered: 05/01/2018)

Unopposed Motion to Amend Scheduling Order by Plaintiffs Shannon Andrews, Alina Boyden. Motions referred to Magistrate Judge Stephen L. Crocker. (Fairweather, Nicholas) Modified on 5/4/2018. (lak) (Entered: 05/03/2018)

** TEXT ONLY ORDER **Plaintiffs' unopposed motion to amend the schedule is granted in part and denied in part. The expert disclosure deadlines and dispositive motion deadline are extended to the dates requested. The October 9, 2018 trial date remains in place, which means that the August 31, 2018 discovery cutoff remains in place as well. Signed by Magistrate Judge Stephen L. Crocker on 5/4/2018. (jls) (Entered: 05/04/2018)

Brief in Opposition by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health re: 55 Motion to Compel filed by Alina Boyden, Shannon Andrews. (Roth, Colin) Modified on 5/8/2018. (lak) (Entered: 05/07/2018)

Declaration of Colin T. Roth filed by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Group Insurance Board, University of Wisconsin School of Medicine and Public Health re: 55 Motion to Compel, (Attachments: # 1 Exhibit A - Agenda/Notice) (Roth, Colin) Modified on 5/7/2018: Added exhibit description. Detailed e-mail to counsel. (lak) (Entered: 05/07/2018)

** TEXT ONLY ORDER ** Defendants have filed their response (dkts. 63 - 64 ) to plaintiffs' motion to compel discovery (dkts. 55 - 57 ). To assist the court, defendants are directed to submit, ex parte and in camera, a copy of the minutes of the closed session and the DOJ memo, and plaintiff is allowed the opportunity for a terse reply, due by May 14, 2018. Signed by Magistrate Judge Stephen L. Crocker on 5/8/2018. (jls) (Entered: 05/08/2018)

Response re: 65 Text Only Order, by Defendants Rebecca M. Blank, Board of Regents of the University of Wisconsin System, Robert J. Conlin, Raymond W. Cross, Robert N. Golden, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board. (Roth, Colin) (Entered: 05/08/2018)

ORDER granting in part and denying in part 28 Motion to Dismiss. Signed by District Judge William M. Conley on 5/11/2018. (jls)

Deposition of Lisa M. Ellinger taken on 4/4/2018. (Fairweather, Nicholas) (Entered: 05/14/2018)

Deposition of Tara S. Pray taken on 4/10/2018. (Fairweather, Nicholas) (Entered: 05/14/2018)

Brief in Reply by Plaintiffs Shannon Andrews, Alina Boyden in Support of 55 Motion to Compel. (Fairweather, Nicholas) (Entered: 05/14/2018)

Set Hearing as to 55 Motion to Compel. Telephonic Motion Hearing set for 5/24/2018 at 08:00 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls)

Set Motion and R&R Deadlines/Hearings

Reset Hearing as to 55 Motion to Compel. Telephonic Motion Hearing reset for 5/24/2018 at 08:30 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5087. (jls)

Set Motion and R&R Deadlines/Hearings

Minute Entry for proceedings held before District Judge William M. Conley: Telephone Motion Hearing held on 5/24/2018 re 55 Motion to Compel filed by Alina Boyden, Shannon Andrews [:40] (Court Reporter JD.) (mfh)

Telephone Motion Hearing

ORDER granting in part and denying in part 55 Motion to Compel. Signed by District Judge William M. Conley on 5/24/2018. (jls) (Entered: 05/24/2018)

Transcript of Telephonic Motion Hearing, held 5/24/2018 before Judge William M. Conley. Court Reporter: JD. Please review the court's new policy regarding electronic transcripts of court proceedings: see Electronic Transcript Instructions. (jls) (Entered: 05/24/2018)

ANSWER to Amended Complaint by Defendants Robert J. Conlin, State of Wisconsin Department of Employee Trust Funds, State of Wisconsin Department of Employee Trust Funds & Group Insurance Board, State of Wisconsin Group Insurance Board. (Kilpatrick, Steven) Modified on 5/25/2018: Filed on behalf of terminated defendant. (lak) (Entered: 05/24/2018)

Motion for Leave to File Second Amended Complaint by Plaintiffs Shannon Andrews, Alina Boyden. Brief in Opposition due 6/1/2018. Brief in Reply due 6/8/2018. (Attachments: # 1 Exhibit - Second Amended Complaint, # 2 Exhibits 1, 2 and 3 - Right to Sue Letters) (Dupuis, Laurence) Modified on 5/29/2018. (lak) (Entered: 05/25/2018)