Budd v. Blue Cross and Blue Shield of Montana, Inc.

Filing 198

ORDERED. To assist the Court in addressing the issues of class certification and the Pla's contentions in support of its Motion for Class Certification, both Plaintiffs and Defendants are directed to file, on or before November 18, 20126, a bri ef and admissible-in-evidence supporting documents that clearly identify and set forth the facts and circumstances surrounding or related to the claimed-to-be agreed upon $150,000,000 transfer of funds from CMF to MHF and in what manner such tra nsfer could be said to constitute a breach of fiduciary duty owed to Plaintiffs under 29 USC Sections 1109 and 1132 or other applicable federal law. Signed by Judge Sam E Haddon on 10/27/2016. Associated Cases: 2:09-cv-00025-SEH, 6:09-cv-00062-SEH (ELL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
KEVIN BUDD, RAY LEE, MARTIN
MANGAN, SHIRLEY MANGAN and
KENNETH WALSH on behalf of
themselves and all others similarly
situated,
Plaintiffs,

FILED

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OCT 2 7 2016

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Clerk. U.S. District Court
District Of Montana
Helena

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No. CV-09-25-BU-SEH
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vs.
CARING FOR MONTANANS, INC.,
BLUE CROSS BLUE SHIELD of
MONTANA, INC., HEALTH CARE
SERVICES CORPORATION, INC.,
and JOHN DOES 3 through 20,

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Defendants.

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TYSON S. PALLISTER,

ORDER

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)

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Plaintiff,
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vs.
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CARING FOR MONTANANS, INC.,
BLUE CROSS BLUE SHIELD of
MONTANA, INC., HEALTH CARE
SERVICES CORPORATION, INC.,
and JOHN DOES 3 through 20,

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)
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Defendants.
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This Document Relates To:
BOTH ACTIONS

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No. CV-09-62-H-SEH

On August 26, 2016, Plaintiffs filed a Motion for Class Certification. 1 One
of Plaintiffs' contentions is Defendant Caring for Montanans, Inc. ("CFM")
breached an ERISA 2 fiduciary duty by agreeing to donate approximately
$150,000,000 to the Montana Healthcare Foundation ("MHF"). 3
ORDERED
To assist the Court in addressing the issues of class certification and the
Plaintiffs' contentions in support of its Motion for Class Certification, both
Plaintiffs and Defendants are directed to file, on or before November 18, 2016, a
brief and admissible-in-evidence supporting documents that clearly identify and
set forth the facts and circumstances surrounding or related to the claimed-to-be
agreed upon $150,000,000 transfer of funds from CMF to MHF and in what
manner such transfer could be said to constitute a breach of fiduciary duty owed to
Plaintiffs under 29 U.S.C:
DATED this .2l/_

~§

1109 and 1132 or other applicable federal law.

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1

Doc. 184.

2

Employee Retirement Income Security Act, 29 U.S.C. §§ 1109, 1132.

3

See Doc. 185 at 15-16.

2