Health Care Sharing Ministries Litigation

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)

2020-12213-1

Christianity Today commentary (on Aliera/Trinity)
====
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
====
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
====
COLORADO
Larson v. Aliera Companies, No. 1:20-cv-102 (D. Colo.)
Smith v. Aliera Companies, No. 1:20-cv-2130 (D. Colo.)
[]
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]
====
NORTHERN GEORGIA
LeCann v. Aliera Companies, No. 1:20-cv-2429 (N.D. Ga.)
Class action complaint, June 5, 2020
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
==========
EASTERN KENTUCKY
Albina v. Aliera Companies, No. 5:20-cv-496 (E.D. Ky.)
[]
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
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
====
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
====
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
================
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
====
Georgia receivership case, Aliera Healthcare v. Anabaptist Healthshare, 355 Ga.App. 381 (2020)
====
New Jersey orders, 2020
====
New York orders, 2020
====
Washington State orders, 2019-20
Aliera and Trinity investigations: aliera-investigation-report_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