Disclosure Packet

Class Members who, for the sole purpose of evaluating and/or objecting to the Settlement, wish to access the redacted information in certain key filings may request a Disclosure Packet, provided they first complete and sign under penalty of perjury an Acknowledgment and Agreement to be Bound to the Amended Protective Order entered in this case (“Acknowledgment”). The Disclosure Packet contains unredacted copies of key briefs, orders and expert reports. Class Members who seek access to the Disclosure Packet should submit the Acknowledgment promptly.

Class Members must read the Amended Protective Order carefully before submitting the Acknowledgment. In the Acknowledgment, the Class Member will state under oath that, among other things, it (a) has read and understands the Amended Protective Order, (b) is a member of the Class, (c) requests access to the Disclosure Packet for the sole purpose of evaluating the Settlement, (d) agrees to comply with and be bound by the Amended Protective Order, and (e) agrees to return or destroy the Disclosure Packet within five (5) days of the Effective Date of the Settlement or (if applicable) within five (5) days of the termination of the Settlement. Class Members must submit the Acknowledgment to the Claims Administrator via the "Request Document Access" page.

Class Members who are government entities are also subject to a further requirement: they may only access the Disclosure Packet via a virtual data room, to protect against further disclosure due to a potential request for public records such as a California Public Records Act request. Instructions for accessing these pleadings via the data site are available here.

The following documents are in the Disclosure Packet:

  • Plaintiffs’ Motion for Class Certification, Defendants’ Opposition, Plaintiffs’ Reply, and Order Granting Class Certification.
  • Defendants’ Motion for Summary Adjudication on Statute of Limitations and Fraudulent Concealment, Plaintiffs’ Opposition, Defendants’ Reply, and Order.
  • Defendants’ Motion for Summary Judgment, Plaintiffs’ Opposition, Defendants’ Reply, and Order.
  • Defendants’ Motion for Summary Adjudication on Counts I and III, Plaintiffs’ Opposition, Defendants’ Reply, and Order.
  • Defendants’ Motion to Decertify Class, Plaintiffs’ Opposition, Defendants’ Reply, and Order.
  • Plaintiffs’ Motion for Preliminary Approval of Settlement (including all declarations and attachments, except for the unredacted Proposed Final Judgment which shall be governed by the Order Regarding Out-of-Network Rate Caps and Chargemaster Aggregate Annual Increases, available here).
  • Plaintiffs’ Supplemental Submission Related to Preliminary Approval of Settlement (including all declarations and attachments).
  • Expert reports of Dr. Leitzinger, Dr. Vistnes, Dr. Dranove, Dr. Rosenthal, Dr. Willig, Dr. Gowrisankaran, Dr. Skinner, Mr. Pilch, and Mr. Travis.

After reviewing the Disclosure Packet, again for the sole purpose of evaluating and/or objecting to the Settlement, Class Members may request unredacted copies of other pleadings filed under seal. To request access to additional pleadings, the Class Member must complete and sign the Acknowledgment and complete Exhibit B and submit them to the Claims Administrator via the "Request Document Access" page. In Exhibit B, the Class Member must list each sealed pleading that it wishes to access. If the Class Member receives access to additional sealed pleadings, and after reviewing them, wishes to see any exhibits to such pleadings for the sole purpose of evaluating the Settlement, it must, in Exhibit B, identify the individual exhibits it seeks and explain why it is reasonably necessary to review each exhibit in order to evaluate the Settlement, and submit the completed Exhibit B. Class Members who seek access to additional sealed pleadings and/or their exhibits, should submit the Acknowledgment and Exhibit B promptly.

Sutter may object to the Class Member’s request for access to additional sealed pleadings and/or their exhibits beyond those in the Disclosure Packet within two (2) business days of receiving the Class Member’s request. The Parties will attempt to resolve any objection by Sutter and, if necessary, will ask the Court to resolve the objection. The Claims Administrator will provide the Class Member electronic access to the additional pleadings and/or exhibits if Sutter does not object, or if Sutter objects but the objection is resolved in the Class Member’s favor. To the extent Sutter’s objection is upheld, the Class Members will not receive access to the additional pleadings and/or exhibits.

As with the Disclosure Packet, Class Members who are government entities and that are granted access to additional pleadings and/or exhibits may only access them via a virtual data room. Instructions for accessing these pleadings and/or exhibits via the data site are available here. Class Members who are government entities must provide a statement claiming they are a government entity with their request.

A Class Member who obtains access to the Disclosure Packet or other pleadings or their exhibits may refer to information in such documents in any objection to the Settlement. Such documents are provided to Class Members solely for their evaluation of and/or objection to the Settlement and will only be made available until the deadline for submitting an objection, May 28, 2021.

The precise terms governing Class Member access to the Disclosure Packet and to additional sealed pleadings and their exhibits are set forth in the Stipulation and Order Regarding Class Member Acknowledgment and Agreement to be Bound to Amended Protective Order entered June 11, 2020.