Request for Proposal re Monitor in Healthcare Antitrust Litigation

The California Attorney General representing the People of the State of California, UFCW & Employers Benefit Trust (on behalf of the Plaintiff Class) (collectively, “Plaintiffs”), and Sutter Health (collectively, “the Parties”), are seeking qualified applicants to serve as the monitor to oversee compliance with the Proposed Final Judgment (“PFJ”) that resolves the claims in the consolidated antitrust actions against Sutter Health (UFCW & Employers Benefit Trust v. Sutter Health, San Francisco Superior Court Case No. CGC 14-538451, and People of the State of California v. Sutter Health, San Francisco Superior Court Case No. CGC-18-565398).

The monitor would have the duties and responsibilities set forth in the PFJ. These duties and responsibilities include investigating complaints regarding compliance with the PFJ, and considering evidence and making recommendations concerning disputes that may arise under the PFJ for an initial term of ten years with an option to extend for an additional three-year term.

The desired qualifications and experience of the Monitor are described in greater detail in the “Request for Proposal for Settlement Compliance Monitor Pursuant to Settlement Between Plaintiffs and Sutter Health” (the “RFP”).

Below please find links to three documents:
  1. The RFP, which describes the qualifications and experience desired, and the information to be submitted by applicants seeking to pursue the monitor position;
  2. The PFJ, which sets forth the terms of the PFJ which are to be overseen by the Monitor; and
  3. The Monitor Agreement, which sets forth the terms on which the monitor will be engaged.

All interested applicants should provide their written responses to the RFP NO LATER THAN DECEMBER 10, 2020 to the email addresses indicated in the RFP. Schedule permitting, the parties intend to conduct interviews of selected candidates between January 4, 2021 and January 14, 2021.

Any questions or concerns should be addressed to RFP Questions.