American Podiatric Medical Association et al v. Wellpoint, Inc.

Filing 14

MDL ORDER. Case transferred to the Central District of California pursuant to MDL No. 2074. CASE CLOSED. (Donati, J)

By Tarrell L. Littleton on Sep 16, 2009

Aug 31, 2009
UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION

IN RE: WELLPOINT, INC., OUT-OF-NETWORK "UCR" RATES LITIGATION American Podiatric Medical Association, et al. v. WellPoint, Inc., ) E.D. California, C.A. No. 2:09-1740 )

MDL No. 2074

CACD Case Number: CV09-6725 PSG (CTx)
CONDITIONAL TRANSFER ORDER (CTO-1)

FILED
September 16, 2009 By: N. Longoria
CLERK U.S. DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA LOS ANGELES DIVISION

On August 19, 2009, the Panel transferred one civil actions to the United States District Court for the Central District of California for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. See ___F.Supp.2d___ (J.P.M.L. 2009). With the consent of that court, all such actions have been assigned to the Honorable Philip S. Gutierrez. It appears that the actions on this conditional transfer order involve questions of fact that are common to the actions previously transferred to the Central District of California and assigned to Judge Gutierrez. Pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 435-36 (2001), these actions are transferred under 28 U.S.C. § 1407 to the Central District of California for the reasons stated in the order of August 19, 2009, and, with the consent of that court, assigned to the Honorable Philip S. Gutierrez. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Central District of California. The transmittal of this order to said Clerk shall be stayed 15 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 15-day period, the stay will be continued until further order of the Panel.

FOR THE PANEL:

Sep 16, 2009

___________________________ Jeffery N. Lüthi Clerk of the Panel
I hereby attest and certify on 09/16/09 _________ that the foregoing document is full, true and correct copy of the original on file in my office, and in my legal custody. CLERK U.S. DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DEPUTY CLERK

UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION
CHAIRMAN:
John G. Heyburn II United States District Court Western District of Kentucky

MEMBERS:

Robert L. Miller, Jr. United States District Court Northern District of Indiana Kathryn H. Vratil United States District Court District of Kansas David R. Hansen United States Court of Appeals Eighth Circuit

W. Royal Furgeson, Jr. United States District Court Northern District of Texas Frank C. Damrell, Jr. United States District Court Eastern District of California

DIRECT REPLY TO:
Jeffery N. Lüthi Clerk of the Panel One Columbus Circle, NE Thurgood Marshall Federal Judiciary Building Room G-255, North Lobby Washington, D.C. 20002 Telephone: [202] 502-2800 Fax: [202] 502-2888 http://www.jpml.uscourts.gov

September 16, 2009 Terri Nafisi, Clerk G-8 U.S. Courthouse 312 North Spring Street Los Angeles, CA 90012 Re: MDL No. 2074 -- IN RE: WellPoint, Inc., Out-of-Network "UCR" Rates Litigation (See Attached CTO-1) Dear Ms. Nafisi: Attached as a PDF document is a certified copy of a conditional transfer order filed by the Panel in the above-captioned matter on August 31, 2009. As stipulated in Rule 7.4(a) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, 199 F.R.D. 425, 435-36 (2001), transmittal of the order has been stayed 15 days to give any party an opportunity to oppose the transfer. The 15-day period has now elapsed, no opposition was received, and the order is directed to you for filing. The Panel's governing statute, 28 U.S.C. §1407, requires that the transferee clerk "...transmit a certified copy of the Panel's order to transfer to the clerk of the district court from which the action is being transferred." A list of involved counsel is attached. Very truly, Jeffery N. Lüthi Clerk of the Panel

By Tarrell L. Littleton Deputy Clerk Attachments (Conditional Transfer Order is a Separate Document) cc: Transferee Judge: Judge Philip S. Gutierrez JPML Form 36A

IN RE: WELLPOINT INC., OUT-OF-NETWORK "UCR" RATES LITIGATION

MDL No. 2074

INVOLVED COUNSEL LIST (CTO-1)

Richard B. Brualdi BRUALDI LAW FIRM 29 Broadway Suite 2400 New York, NY 10006 Megan Dixon HOGAN & HARTSON LLP 4 Embarcadero Center 22nd Floor San Francisco, CA 94111 Tonna K. Farrar BONNETT FAIRBOURN FRIEDMAN & BALINT PC One American Plaza 600 West Broadway Suite 900 San Diego, CA 92101 Andrew S. Friedman BONNETT FAIRBOURN FREIDMAN & BALINT 2901 N. Central Avenue Suite 1000 Phoenix, AZ 85012-3311 Joseph P. Guglielmo SCOTT & SCOTT LLP 29 West 57th Street 14th Floor New York, NY 10019 Donald E. Haviland, Jr. HAVILAND LAW FIRM LLC 111 South Independence Mall East Suite 1000 Philadelphia, PA 19106

Craig A. Hoover HOGAN & HARTSON LLP 555 Thirteenth Street, N.W. Washington, DC 20004 Christopher R. J. Pace WEIL GOTSHAL & MANGES LLP 1395 Brickell Avenue Miami, FL 33131 Mark N. Todzo LEXINGTON LAW GROUP LLP 1627 Irving Street San Francisco, CA 94122 Joe R. Whatley, Jr. WHATLEY DRAKE & KALLAS LLC 1540 Broadway 37th Floor New York, NY 10036