HEALTH CARE SHARING MINISTRIES CASES
26 U.S.C. sec. 5000A(d)(2)(B) [see also IRS regulation 1.5000A-3(b)]
(B) Health care sharing ministry
(i) In general
Such term shall not include any individual for any month if such individual is a member of a health care sharing ministry for the month.
(ii) Health care sharing ministryThe term “health care sharing ministry” means an organization—
(I)
which is described in section 501(c)(3) and is exempt from taxation under section 501(a),
(II)
members of which share a common set of ethical or religious beliefs and share medical expenses among members in accordance with those beliefs and without regard to the State in which a member resides or is employed,
(III)
members of which retain membership even after they develop a medical condition,
(IV)
which (or a predecessor of which) has been in existence at all times since December 31, 1999, and medical expenses of its members have been shared continuously and without interruption since at least December 31, 1999, and
(V)
which conducts an annual audit which is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and which is made available to the public upon request.
Proposed regulations, 85 Fed. Reg. 35398 (June 10, 2020)
Christianity Today commentary (on Aliera/Trinity)
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ARIZONA
Cheatwood v. Christian Brothers Services, No. 2:16-cv-2946 (D. Ariz.)
[]
Order denying motion to dismiss, April 6, 2017
[]
Cheatwood stipulation for dismissal with prejudice, July 17, 2018
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EASTERN CALIFORNIA
Duncan v. Aliera Companies, No. 2:20-cv-867 (E.D. Cal.)
[]
Plaintiffs’ additional authority (Kelly, W.D. Mo.), December 1, 2020
Aliera response to plaintiffs’ additional authority, December 31, 2020
Plaintiffs’ opposition to motion to strike, January 11, 2021
Plaintiffs’ additional authority (Kelly, W.D. Mo.), February 23, 2021
| 02/24/2021 | 61 | MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/24/2021: The Court hereby GRANTS Plaintiffs’ Motion for Leave to File Second Additional Supplemental Authority (ECF No. 60 ) (Text Only Entry) (Krueger, M) (Entered: 02/24/2021) |
Defendants’ supplemental authority (Harris, E.D. Wis.), March 1, 2021
Plaintiffs’ supplemental authority (Smith, Colorado), April 21, 2021
Defendants’ response to plaintiffs’ supplemental authority, May 13, 2021
Plaintiffs’ fourth supplemental authority notice, July 2, 2021
Notice re bankruptcy, July 9, 2021
Unity’s response to fourth supplemental authority, July 13, 2021
| 07/20/2021 | 79 | MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on July 20, 2021: Pursuant to the Notice of Bankruptcy Proceedings for Defendant Trinity Healthshare, Inc. (“Trinity”) filed on July 9, 2021, (ECF No. 76 ) this action is STAYED as to Plaintiffs’ claims against Trinity. However, absent any argument to the contrary, the action may proceed against the other Defendants. See United States v. Dos Cabezas Corp., 995 F.2d 1486, 1491 (9th Cir. 1993) (“[U]nless the assets of the bankrupt estate are at stake, the automatic stay does not extend to actions against parties other than the debtor, such as codebtors and sureties.”); see also In re Miller, 262 B.R. 499, 503-504 (B.A.P. 9th Cir. 2001). The case against Trinity may be reinstated at the request of the parties. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 07/20/2021) |
Aliera motion for stay, July 30, 2021
Aliera proposed stay order, August 2, 2021
Aliera supplemental authority (10C, Kentucky), August 11, 2021
| 08/12/2021 | 84 | MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/12/2021: The Court hereby GRANTS Defendant The Aliera Companies, Inc.’s Motion for Leave to File Supplemental Authority in Support of Motion to Stay (ECF No. 83 ) (Text Only Entry) (Krueger, M) (Entered: 08/12/2021) |
Plaintiffs’ opposition to stay, August 19, 2021
| 08/20/2021 | 86 | MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/20/2021: On the Court’s own motion, Defendant Aliera Companies, Inc.’s Motion to Stay (ECF No. 80 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 9/2/2021 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. Defendant may still file a reply brief in accordance with Local Rule 230(d) and the 9/2/2021 date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 08/20/2021) |
Aliera reply supporting stay, August 26, 2021
Stay order, September 10, 2021
Burr & Forman motion to withdraw, October 19, 2021
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Notice of filing bankruptcy, December 7, 2021
Order on attorney withdrawal and need to substitute, April 13, 2022
Unopposed motion to lift stay, May 25, 2023
Unopposed motion to amend complaint, May 25, 2023
Motion for preliminary approval of settlement, May 25, 2023
OneShare response, May 26, 2023
| 06/13/2023 | 107 | MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/13/2023: On the Court’s own motion, Plaintiffs’ Unopposed Motion to Lift the Stay (ECF No. 98 ), Unopposed Motion to Amend the Complaint (ECF No. 99 ) and Unopposed Motion for Certification of Settlement Class (ECF No. 100 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 6/29/2023 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 06/13/2023) |
Order lifting stay, June 14, 2023
Order allowing second amended complaint, June 14, 2023
Second amended class action complaint, June 14, 2023
Preliminary settlement approval, June 15, 2023
Amended order, July 11, 2023
Motion for final approval of settlement, August 24, 2023
[Attorney’s fees stuff]
OneShare’s response re final approval, August 28, 2023
Additional declaration re class notice, September 14, 2023
Plaintiffs’ reply, October 9, 2023
Plaintiffs’ additional info, December 22, 2023
| 01/11/2024 | 128 | MINUTES (Text Only) for MOTION HEARING held before District Judge Troy L. Nunley on 1/11/2024. For the reasons stated on the record, the Court GRANTED Plaintiffs’ Motion for Final Approval and Class Action Settlement (ECF No. 115 ) and Motion for Attorney Fees (ECF No. 116 ). A written order to issue. Plaintiffs Counsel Nina Wasow and James Varellas Present, and Eleanor Hamburger appearing Telephonically. Defendants Counsel Shane Smith Present, and Kyle Wallace appearing Telephonically. Court Reporter: Kimberly Bennett. (Krueger, M) (Entered: 01/11/2024) |
[Attorney’s fees award, 1/16/24]
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COLORADO
Larson v. Aliera Companies, No. 1:20-cv-102 (D. Colo.)
Smith v. Aliera Companies, No. 1:20-cv-2130 (D. Colo.)
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Defendants’ notice of related case (Larson), August 5, 2020
[]
| 11/30/2020 | 57 | MINUTE ORDER re: 56 Letter filed by OneShare Health, LLC, Trinity Healthshare, Inc., Aliera Companies, Inc. The Court authorizes defendant to file a motion to stay discovery and pretrial proceedings pending resolution of the arbitration issue. Before filing, however, counsel are directed to confer again to determine whether plaintiffs will agree to a stay. The Court does not wish to receive and spend time on unnecessary motions. By Judge R. Brooke Jackson on 11/30/2020. Text Only Entry (rbjsec. ) (Entered: 11/30/2020) |
Smith Larson plaintiffs’ notice of additional authority (Kelly, W.D. Mo.), December 1, 2020
Aliera’s response re additional authority, December 31, 2020
Smith reply, January 11, 2021
Plaintiffs’ notice of additional authority (Kelly, W.D. Mo.), February 23, 2021
Defendants’ notice of additional authority (Harris, E.D. Wis.), March 1, 2021
Order denying motion to compel arbitration, April 16, 2021
Defendants’ motion to alter/amend, May 11, 2021
Aliera notice of appeal, May 14, 2021 (omitting 2 other notices of appeal)
Tenth Circuit #s 21-1185/1186/1187
Plaintiffs’ response to motion to alter/amend, June 1, 2021
Tenth Circuit abatement order, June 1, 2021
Def reply re alter amend, June 15, 2021
Order denying motion to alter or amend judgment, June 16, 2021
Tenth Circuit scheduling order, June 16, 2021
Amended OneShare notice of appeal, June 17, 2021
Amended Trinity notice of appeal, June 18, 2021
Suggestion of bankruptcy, July 9, 2021
Tenth Circuit order for responses to bankruptcy, July 12, 2021
| 07/13/2021 | 102 | MINUTE ORDER: Due to the notices of appeal filed by defendants Oneshare Health, LLC, Trinity Healthshare, Inc. (as to which proceedings would have been stayed in any event due to its bankruptcy filing), and Aliera Companies, Inc., the pretrial dates and the trial are vacated and the case is stayed pending the result of the appeal. By Judge R. Brooke Jackson on 7/13/2021. Text Only Entry (rbjsec.) (Entered: 07/13/2021) |
Response from Aliera, July 27, 2021
Response from Oneshare, July 27, 2021
Response from plaintiffs, July 27, 2021
Tenth Circuit abatement order, August 2, 2021
Trinity status report, September 1, 2021
| 09/01/2021 | [10854825] Minute order filed – These matters are before the court on Appellant Trinity Healthshare, Inc’s Status Report, which was submitted only in Case No. 21-1187. As a one-time courtesy, the clerk is directed to file the status report in the other two cases with which this appeal has been consolidated-Case Nos. 21-1185 & 21-1186. Upon consideration, the abatement of these appeals will continue. Trinity Healthshare, Inc. shall file another status report describing the procedural posture of its bankruptcy proceedings on 11/1/2021, or within 5 days after the bankruptcy court enter any orders that may affect future proceedings in these appeals. All future status reports must be filed in all three consolidated appeals. Status report now due 11/01/2021 by Trinity Healthshare Inc.. (Text Only – No Attachment) [21-1185, 21-1186, 21-1187] [Entered: 09/01/2021 03:12 PM] |
Burr & Forman withdrawal motion, October 14, 2021
Tenth Circuit withdrawal order, October 15, 2021
| 10/27/2021 | 106 | ORDER granting in part and denying in part 105 Motion to Withdraw as Attorney-Sara Craig. Counsel has provided cause for withdrawal and has provided notice to the defendants. No objection has been made. The motion is granted to the extent counsel requests permission to withdraw. To the extent that the motion requests a 30-day period for defendants to obtain new counsel and a stay of deadlines, the motion is denied. The case is on appeal and has been stayed in this court due to the appeal and, as to two of the defendants for the additional reason of their bankruptcy proceedings. Defendants cannot represent themselves, but there is nothing that this Court is aware of that defendants are required to do at this time in this Court. Attorney Sara Craig is withdrawn. By Judge R. Brooke Jackson on 10/27/2021. Text Only Entry(rbjsec. ) (Entered: 10/27/2021) |
| 11/16/2021 | [10872479] Minute order filed by Clerk of the Court – These matters are before the court on Appellant Trinity Healthshare, Inc.’s November 15, 2021 Status Report. Upon consideration, the abatement of these appeals will continue. Trinity Healthshare, Inc., shall file another status report describing the procedural posture of its bankruptcy proceedings on January 17, 2022, or within five days after the bankruptcy court enter any orders that may affect future proceedings in these appeals. The status report must be filed in all three consolidated appeals. Served on 11/16/2021. Text only entry – no attachment. [21-1185, 21-1186, 21-1187] [Entered: 11/16/2021 09:08 AM] |
Notice of filing involuntary bankruptcy petition, December 7, 2021
Appellees’ notice re Aliera bankruptcy, December 7, 2021
Tenth Circuit order, December 8, 2021
Tenth Circuit order continuing abatement, February 8, 2022
Smith status, May 9, 2022
| 05/10/2022 | [10912102] Order filed by Clerk of the Court. This matter is before the court on the parties’ Joint Status Report filed on May 9, 2022. The parties set forth that no motion seeking relief from the automatic stay under 11 U.S.C. 362 has been filed or granted in the bankruptcy court, and that abatement of these appeals should continue. The parties anticipate that Aliera’s Chapter 11 Plan is due to be filed on June 16, 2022. Upon consideration, abatement of these appeals is continued. On August 8, 2022, or within 5 days of an order affecting the abatement of these appeals, the parties shall file a joint status report captioned for all three appeals advising the court as to the status of Trinity and Aliera’s bankruptcy proceedings and whether abatement should continue. Status report due 08/08/2022 by Jaime Beard, Jared Beard, Ellen Larson, Justine Lund, Rebecca Smith, The Aliera Companies, Inc., Oneshare Health LLC and Trinity Healthshare Inc.. Served on 05/10/2022. Text only entry – no attachment. [21-1185, 21-1186, 21-1187] [Entered: 05/10/2022 08:49 AM] |
Joint status report, August 8, 2022
Continued abatement order, August 10, 2022
Trinity counsel withdrawal, August 17, 2022
Order for withdrawal, August 18, 2022
Dismissal of 21-1187, August 26, 2022
Notice of settlement, May 31, 2023
| 07/18/2023 | 115 | MINUTE ORDER On May 31, 2023 the Court was notified of the nationwide settlement. The Court has received nothing further. Please file dismissal papers or a joint status report on or before July 31, 2023. by Judge R. Brooke Jackson on 7/18/2023. Text Only Entry (rbjlc5, ) (Entered: 07/18/2023) |
Joint status report, July 21, 2023
| 07/21/2023 | 117 | Civil Case Administratively Closed pursuant to 116 Joint Status Report. Text Only Entry. (jtorr, ) (Entered: 07/21/2023) |
Notice of dismissal, February 16, 2024
| 02/20/2024 | 123 | ORDER granting 120 Stipulated Motion to Dismiss by Judge R. Brooke Jackson on 2/20/2024. Case is closed. Text Only Entry(msmot) (Entered: 02/20/2024) |
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NORTHERN GEORGIA
LeCann v. Aliera Companies, No. 1:20-cv-2429 (N.D. Ga.)
Class action complaint, June 5, 2020
| 07/21/2023 | 117 | Civil Case Administratively Closed pursuant to 116 Joint Status Report. Text Only Entry. (jtorr, ) (Entered: 07/21/2023) |
Motion to dismiss or compel arbitration, with exhibits, July 16, 2020
Memo in support of motion to dismiss or compel arbitration, July 16, 2020
Joint motion to stay discovery, August 7, 2020
Order staying discovery, August 10, 2020
Plaintiffs’ opposition to motion to dismiss or compel arbitration, August 14, 2020
Defendants’ reply, September 4, 2020
Plaintiffs’ motion to file supplemental brief, September 15, 2021
Plaintiffs’ proposed supplemental brief, September 15, 2021
Plaintiffs’ motion for leave to file first amended complaint, September 15, 2021
First amended complaint, September 15, 2021
Opposition to motion for leave to file first amended complaint, September 28, 2021
Opposition to plaintiffs’ motion for leave to file surreply, September 28, 2021
Plaintiffs’ replies, October 5, 2020
Minute entry, January 28, 2021
Opinion and Order, June 22, 2021
Aliera notice of appeal, July 20, 2021
Eleventh Circuit # 21-12472
Aliera motion to stay pending appeal, August 9, 2021
Opposition to motion to stay, August 20, 2021
Aliera reply supporting stay pending appeal, September 3, 2021
Plaintiffs’ motion to hold Aliera in default, October 1, 2021
Amended motion to withdraw as counsel, October 1, 2021
Order to show cause, October 4, 2021
Aliera response to order to show cause, October 4, 2021
Order re status of Burr & Forman, October 6, 2021
Aliera/Burr & Forman response, with notice to client of attorney withdrawal, October 6, 2021
Plaintiffs’ response re default, October 7, 2021
Minute sheet re hearing, October 8, 2021
Burr & Forman withdrawal motion, October 11, 2021
Aliera response re lifting default, October 18, 2021
Plaintiffs’ proposed sur-reply, October 20, 2021
Aliera combined oppositions, October 22, 2021
Order dismissing appeal for want of prosecution, November 15, 2021
McCann order for stay and administrative closure, December 8, 2021
Order dismissing appeal, December 15, 2021
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EASTERN KENTUCKY
Albina v. Aliera Companies, No. 5:20-cv-496 (E.D. Ky.)
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Oneshare motion to compel, February 22, 2021
Aliera motion to dismiss, February 22, 2021
Trinity motion to compel, February 22, 2021
Order for stay, August 10, 2021
Aliera Burr & Forman motion to withdraw, September 29, 2021
Order allowing withdrawal, October 4, 2021
Motions to, among other things, enter default against Aliera, certify class, and expedite, November 4, 2021
[Exhibits]
Order expediting rulings, November 8, 2021
Order certifying class, November 8, 2021
Order lifting stay and for entry of default, November 8, 2021
Clerk’s entry of default, November 8, 2021
Plaintiffs’ filings re amount of default judgment, November 12, 2021
Default judgment, November 17, 2021
Motion to withdraw as attorney, December 1, 2021
Order granting motion to withdraw, December 2, 2021
Suggestion of Aliera involuntary bankruptcy, December 8, 2021
Reassignment, October 14, 2022
Order for status reports, October 28, 2022
Joint status report, December 27, 2022
Joint status report, February 27, 2023
Joint status report, April 28, 2023
Notice of OneShare settlement, June 2, 2023
Joint status report, June 27, 2023
Motion to defer status reports pending Duncan settlement, June 27, 2023
Order accepting deferral, June 27, 2023
Joint status report, January 18, 2024
Order, February 7, 2024
Proposed dismissal order, February 28, 2024
Dismissal order, February 28, 2024
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WESTERN MISSOURI
Kelly v. Aliera Companies, No. 3:20-cv-5038 (W.D. Mo.).
[]
Order denying motion to stay and motion to compel arbitration, November 23, 2020
Eighth Circuit # 20-3702, 20-3709
Briefing schedule, December 29, 2020
Aliera’s notice re mediator, January 8, 2021
Plaintiffs’ opposition to motion to alter or amend, January 8, 2021
Plaintiffs’ opposition to motion to stay, January 8, 2021
Aliera reply supporting alter or amend, January 22, 2021
Aliera reply supporting stay, January 22, 2021
Eighth Circuit unopposed stay order, January 25, 2021
Order denying motion to alter or amend, January 28, 2021
Order reinstating briefing, February 10, 2021
Amended notices of appeal, February 10, 2021
Aliera opening brief, March 11, 2021
Plaintiffs’ appellees’ brief, April 27, 2021
Aliera reply brief, June 1/2, 2021
Plaintiffs’ notice of additional authority (LeCann, Moeller), July 8, 2021
Trinity bankruptcy notice, July 9, 2021
Trial-level Trinity bankruptcy notice, July 9, 2021
Eighth Circuit order re briefing on bankruptcy stay, possible severance of the Aliera and Trinity appeals, July 12, 2021
Response from plaintiffs, July 26, 2021
Letter from plaintiffs, July 26, 2021
Response from Aliera, July 26, 2021
Partial stay order, August 3, 2021
Motion to withdraw as attorneys, October 4, 2021
Order granting motion to withdraw as attorneys, October 13, 2021
[]
Eighth Circuit order granting motion to withdraw, October 15, 2021
Plaintiffs’ motion to dismiss appeal, November 1, 2021
| 11/12/2021 | SET FOR ARGUMENT – CASE PLACED ON CALENDAR – for Argument in St. Louis on Thursday, December 16, 2021. To be heard before Judges James B. Loken, Bobby E. Shepherd and David R. Stras in Division I. The courtroom deputy will be Melissa Rudolph. All attorneys presenting oral argument must complete a Response Form. Click Here to Complete the Oral Argument Response Form. Click Here for the Complete Calendar |
Order denying motion to dismiss appeal, November 17, 2021
8C Kelly order denying mo dism appeal
| 11/18/2021 | 104 | ORDER granting 103 motion to withdraw as attorney. Attorney Ginger K. Gooch terminated as counsel for defendant Trinity Healthshare. Trinity is granted 30 days from the date of this Order to hire new counsel. Ms. Gooch shall provide a copy of this Order to defendant Trinity. This is a TEXT ONLY ENTRY. No document is attached. (Roubal, Kristen) (Entered: 11/18/2021) |
Notice of Aliera involuntary bankruptcy, December 10, 2021
Order staying appeal, December 15, 2021
Eighth Circuit order dismissing appeal, January 13, 2022
Aliera status report, March 15, 2022
Eighth Circuit order for further status report, March 16, 2022
| 04/09/2024 | 111 | ORDER. On January 13, 2022, the Eighth Circuit dismissed the appeal in this case for failure to prosecute. The Eighth Circuit subsequently issued its mandate. The Court hereby Orders Plaintiffs to show cause why this case should not be dismissed for failure to prosecute. Plaintiffs’ response shall be filed no later than April 19, 2024. This is a TEXT ONLY ENTRY. No document is attached. (KBR) (Entered: 04/09/2024) |
Plaintiffs’ motion to dismiss, April 15, 2024
Dismissal order, April 16, 2024
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MONTANA
Moeller v. Aliera Companies, No. 6:20-cv-22 (D. Mont.)
[]
Opinion and order, June 30, 2021
Trinity suggestion of bankruptcy, July 9, 2021
Stay order, July 16, 2021
Aliera notice of appeal, July 29, 2021
Ninth Circuit # 21-35607
Motion to lift stay re non Trinity defendants, and memo, August 6, 2021
Aliera opposition to lifting stay, August 20, 2021
Plaintiffs’ reply supporting lifting stay, September 3, 2021
Order denying motion partially to lift stay, September 15, 2021
Motion to withdraw as counsel, September 29, 2021
Motion to withdraw as counsel [2], October 4, 2021
Motion to withdraw as counsel, including Aliera assignment for benefit of creditors, October 18, 2021
Order re withdrawal of counsel, October 20, 2021
Order partially denying motion to withdraw, October 26, 2021
Return to sender notice re Ninth Circuit 10/20 order, November 4, 2021
Burr & Forman withdrawal motion, November 16, 2021
Amended withdrawal motion, November 19, 2021
Appellees’ motion to dismiss appeal, December 6, 2021
Notice of hearing for 1/6/22, December 16, 2021
Order dismissing appeal, December 17, 2021
Notice re Aliera bankruptcy, December 22, 2021
Trinity question re status, December 30, 2021
Order re Trinity local counsel, January 3, 2022
| 01/06/2022 | 236 | MINUTE ENTRY for proceedings held before Judge Sam E Haddon: Motion Hearing held on 1/6/2022 re 229 , 230 Present in the courtroom are John Morrison for Plaintiffs; StefanWall for Defendants The Aliera Companies and Defendant Shelley Steel and Chase Moses; Nathan Schacht for Trinity Healthshare; Nathan Bilyeu for Timothy Moses. Pro Hac Vice counsel Elizabeth Shirley and Sara Craig are not present. Nathan Schacht heard on behalf of Trinity Healthshares; Stefan Wall for Aliera Companies, Dft Shelly Steel and Chase Moses; John Morrison for Plaintiffs. Court: Motion to Withdraw is taken under advisement and a ruling will be made as promptly as feasible limited to the motion for the law firm to withdraw as counsel. This case remains STAYED. Nothing further from the parties. Court is in Recess. Hearing commenced at 10:00 and concluded at 10:52. (Court Reporter John LaPierre.) (Law Clerk: C. Whyte), (Hearing held in Helena) (HEG) (Entered: 01/06/2022) |
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WESTERN WASHINGTON
Jackson v. Aliera Companies, No. 2:19-cv-1281 (W.D. Wash.)
[]
Order denying motion to dismiss, May 26, 2020
[]
Order denying motion to compel arbitration, July 20, 2020
[]
Plaintiffs’ motion for partial summary judgment, September 3, 2020
[]
Order reconsidering arbitration ruling, October 6, 2020
[]
Order compelling arbitration and staying proceedings, November 20, 2020
Trinity suggestion of bankruptcy, July 9, 2021
Plaintiffs’ motion to lift stay, with declaration and proposed order, September 15, 2021
Motion to withdraw as counsel, September 29, 2021
| 10/06/2021 | 147 | MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Eleanor Hamburger, Richard Spoonemore, Cyrus Mehri; Def Counsel: Elizabeth Shirley; CR: Nancy Bauer; Time of Hearing: 12:10PM; Telephone Conference held on 10/6/2021. The Court hears argument on the two pending motions, Dkt # 143 MOTION to Lift Stay, and Dkt # 146 MOTION to Withdraw as Attorney. A written MINUTE ORDER on the motions will follow this entry. (GC) (Entered: 10/06/2021) |
| 10/06/2021 | 148 | MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Def Counsel: Elizabeth Shirley; CR: Nancy Bauer; Time of Hearing: 12:30PM; In Camera Hearing held on 10/6/2021. (GC) (Entered: 10/06/2021) |
Aliera opposition to motion to lift stay, October 6, 2021
Order lifting stay, October 6, 2021
[]
| 10/26/2021 | 159 | MINUTE ORDER: The Court is in receipt of Plaintiffs’ (1) Motion to Strike Alieras Answer and Enter Default Judgment after Class Certification or, in the alternative, Motion for Summary Judgment [Dkt. No. 153], (2) Motion to Certify Class [Dkt. No. 152], and (3) Motion for Relief from Deadline and for Telephonic Hearing [Dkt. No. 154] and HEREBY schedules a hearing on the foregoing motions on November 10, 2021 at 10:00am (PST). Aliera is reminded that a corporation may appear in federal court only through a licensed attorney. Rowland v. Cal. Mens Colony, Unit II Mens Advisory Council, 506 U.S. 194, 201-02 (1993) (It has been the law for the better part of two centuries that a corporation may appear in federal courts only through licensed counsel.). Therefore, the Court instructs Aliera to obtain counsel to represent it at the hearing. Failure to do so may result in default judgment and/or other unfavorable rulings against it. Plaintiffs are instructed to immediately provide notice of the scheduled hearing to Aliera at its last known address and to file an affidavit regarding the same with the Court. by Judge Barbara J. Rothstein. (HR) (Entered: 10/26/2021) |
| 10/26/2021 | Motions Hearing, re: 159 Minute Order, set for 11/10/2021 at 10:00 AM before Judge Barbara J. Rothstein. (MW) (Entered: 10/27/2021) |
Luria declaration, November 4, 2021
Jackson declaration, November 4, 2021
Mellom declaration, November 4, 2021
Proposed order, November 4, 2021
[Motions hearing, November 10, 2021]
| 11/10/2021 | 167 | MINUTE ENTRY for proceedings held before Judge Barbara J. Rothstein- Dep Clerk: Grant Cogswell; Pla Counsel: Rick Spoonemore, Cyrus Mehri, Ele Hamburger; CR: Debbie Zurn; Time of Hearing: 10:00AM; Motion Hearing held on 11/10/2021. The Court hears argument from the Plaintiff on the three pending motions: MOTION to Certify Class Dkt. # 152 ; MOTION for Summary Judgment Motion To Strike Alieras Answer And Enter Default Judgment After Class Certification Dkt. # 153 ; and MOTION for Relief From Deadline And For Telephonic Hearing Of: (1) Plaintiffs Motion To Strike Alieras Answer And Enter Default Judgment Dkt. # 154 . The Court GRANTS these three motions. The Plaintiff’s are instructed to file their Proposed Judgment with the Court. The Court’s written order will follow this entry. Modified on 11/10/2021 (GC). (Entered: 11/10/2021) |
Order granting default, November 12, 2021
Order certifying class, November 12, 2021
Judgment, November 12, 2021
Plaintiffs’ suggestion of involuntary Aliera bankruptcy, December 8, 2021
================
EASTERN WISCONSIN
Harris v. Aliera Healthcare, No. 2:20-cv-492 (E.D. Wis.)
Notice of removal, including complaint, March 26, 2020
Motion to compel arbitration, April 2, 2020
Opposition to arbitration, April 23, 2020
Reply supporting arbitration, May 7, 2020
Order, February 26, 2021
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Georgia receivership case, Aliera Healthcare v. Anabaptist Healthshare, 355 Ga.App. 381 (2020)
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New Jersey orders, 2020
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New York orders, 2020
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Washington State orders, 2019-20
Aliera and Trinity investigations: aliera-investigation-report_0
Aliera: aliera-health-care-fine-order_0
Trinity: trinity-health-share-fine-order_0
OneShare: 5013
SHARITY BANKRUPTCY
Sharity Ministries, Inc., No. 21-11001 (Bankr. Del.)
Sharity bankruptcy “first day affidavit,” July 8, 2021
US motion to remove debtor in possession, or investigate, July 22, 2021
Trustee’s omnibus objection, July 29, 2021
Trustee’s objection to Baker & Hostetler, July 29, 2021
Debtor’s response to removal request, July 29, 2021
Alieracare plaintiffs’ joinder, July 29, 2021
Trustee’s reply, August 2, 2021
Attendee list, hearing, August 5, 2021
[]
[]
[]
[]
[]
Order holding replacement in abeyance and giving US trustee duties to investigate and report back, August 12, 2021
Robert Fetrow letter, August 24, 2021
Trustee’s status report, August 28, 2021
[Minute entry, August 30, 2021]
[Next hearing, 9/15?]
Dorsey inquiry, September 9, 2021
Indiana intervention, September 15, 2021
Motions, October 1, 2021
Sharity’s Chapter 11 plan, October 1, 2021
Order approving stipulation to withdraw V plan, October 4, 2021
Notice of 10/13 hearing, October 4, 2021
US objections, October 7, 2021
Burr & Forman motion to withdraw as Aliera counsel, October 8, 2021
Hamburger declaration re claimant class, October 8, 2021
Order, October 14, 2021
Supplemental plan, lodged November 8, 2021
Amended plan supplement, November 18, 2021
California and Texas objections, November 22, 2021
Sharity claims against Aliera, and appendices, November 24, 2021
Luria declaration, November 29, 2021
Debtor’s request for plan confirmation, November 30, 2021
Plan confirmation order, December 3, 2021
Trustee’s final report, December 9, 2021
Confirmation, January 4, 2022
Status report, April 17, 2023
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ALIERA INVOLUNTARY BANKRUPTCY
Petition, 21-11548 (Bankr. Del.), filed December 3, 2021
Petitioners’ motion to transfer Northern Georgia cases, December 28, 2021
Aliera motion to dismiss involuntary petition, December 29, 2021
Creditors’ opposition to transferring venue, January 6, 2022States’ statement re venue 1 6
States’ statement re venue, January 6, 2022
Aliera opposition to transferring Northern Georgia cases, January 6, 2022
Sharity trustee statement re venue, January 6, 2022
Aliera reply supporting its motion to transfer, January 10, 2022
Creditors’ reply supporting their motion to transfer, January 10, 2022
Minute entry listing participants in transfer motions hearing, January 13, 2022
Order staying later-filed Aliera bankruptcy cases, January 18, 2022
| 01/21/2022 | 61 (1 pg) |
Minute Entry Re: 60; Bench Ruling Re: 17 and 18; alleged debtor’s motion to transfer venue (17) is DENIED; petitioning creditors’ motion to transfer venue (18) is GRANTED; parties to confer and submit a form of order incorporating the Court’s ruling under certification of counsel (and upload for signing); Appearances: (See Attached Registration Sheet) (RC) (Entered: 01/21/2022) |
Later-filed cases transfer order, January 25, 2022
Aliera motion for extension of time to remove cases, February 25, 2022
List of claimants, April 21, 2022
Trustee motion to dismiss, September 21, 2022
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Confirmation order, October 24, 2022
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| 01/11/2024 | 128 | MINUTES (Text Only) for MOTION HEARING held before District Judge Troy L. Nunley on 1/11/2024. For the reasons stated on the record, the Court GRANTED Plaintiffs’ Motion for Final Approval and Class Action Settlement (ECF No. 115 ) and Motion for Attorney Fees (ECF No. 116 ). A written order to issue. Plaintiffs Counsel Nina Wasow and James Varellas Present, and Eleanor Hamburger appearing Telephonically. Defendants Counsel Shane Smith Present, and Kyle Wallace appearing Telephonically. Court Reporter: Kimberly Bennett. (Krueger, M) (Entered: 01/11/2024) |
Duncan final approval, January 16, 2024
Bank motion to lift stay re Wilsons, August 21, 2024
Order lifting stay
New Mexico
Affordable Care Act Litigation 