The Medical Society of the State of New York et al v. UnitedHealth Group Inc. et alMOTION to Certify Class . DocumentS.D.N.Y.February 22, 2019UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE MEDICAL SOCIETY OF THE STATE OF NEW YORK, et al., and on behalf of all others similarly situated, Plaintiffs, -v- UNITEDHEALTH GROUP INC., et al., Defendants. No. 16-cv-5265 (JPO) (Oral Argument Requested) February 22, 2019 NOTICE OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Plaintiffs Columbia East Side Ambulatory Surgery, P.C. (“CESAS”), The Medical Society for the State of New York (“MSSNY”), and the Society of New York Office Based Surgery Facilities (“NYOBS”), by and through their undersigned counsel, respectfully move for certification of a class of all persons whose claims for out-of-network office-based surgery facility fees were denied under ERISA- governed health plans administered by United, on the basis that office-based surgery providers are not certified under Article 28 of the New York Public Health Law. By this motion, Plaintiffs seek an order: (1) certifying the proposed class as defined in its accompanying memorandum of law;1 (2) appointing CESAS, MSSNY, and NYOBS as representatives of the class; and (3) appointing Zuckerman Spaeder LLP and Buttaci Leardi & Werner LLC as co-lead class counsel for the class. Plaintiffs’ motion is based on this notice, the accompanying memorandum, the declaration of Anant Kumar and all exhibits thereto, all 1 Plaintiffs note that pursuant to agreement of the parties and the Court’s approval at the June 29, 2018 status conference, the page limit of Plaintiffs’ memorandum has been expanded to 40 pages. The page limit for Defendants’ opposition, if any, is 50 pages, and the page limit for Plaintiffs’ reply, if any, is 25 pages. Case 1:16-cv-05265-JPO Document 142 Filed 02/22/19 Page 1 of 2 2 pleadings on file in the above-captioned matter, and such other support as may be presented to the Court. Dated: New York, New York February 22, 2019 Respectfully submitted, /s/ Anant Kumar D. Brian Hufford Jason S. Cowart Anant Kumar Nell Z. Peyser ZUCKERMAN SPAEDER LLP 485 Madison Avenue, 10th Floor New York, NY 10022 212.704.9600 212.704.4256 (fax) akumar@zuckerman.com Cyril V. Smith (pro hac vice) ZUCKERMAN SPAEDER LLP 100 East Pratt Street, Suite 2440 Baltimore, MD 21202 410.332.0444 410.659.0436 (fax) csmith@zuckerman.com John W. Leardi BUTTACI LEARDI & WERNER, LLC 103 Carnegie Center, Suite 323 Princeton, NJ 08540 609.799.5150 609.799.5180 (fax) jwleardi@buttacilaw.com Counsel for Plaintiffs and the Putative Class Case 1:16-cv-05265-JPO Document 142 Filed 02/22/19 Page 2 of 2
