Mitchell v. Golden Living Enterprises et al

Plaintiff: Sarah M. Mitchell
Defendant: Odyssey Healthcare, Inc., Golden Living Enterprises, Blue Cross Blue Shield of Texas, Anthem Blue Cross Life & Health Insurance Company and Blue Cross Blue Shield of Nebraska
 
Case Number: 8:2013cv00026
Filed: January 16, 2013
 
Court: Nebraska District Court
Office: 8 Omaha Office
Presiding Judge: Joseph F. Bataillon
Referring Judge: F.A. Gossett
 
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28:1441 Petition for Removal
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
May 2, 2013 45 Featured Case ORDER - IT IS ORDERED that the plaintiff's cause of action against the defendants Odyssey Healthcare, Inc., Blue Cross Blue Shield of Nebraska, and Blue Cross Blue Shield of Texas are hereby dismissed in their entirety, without prejudice, and with the parties to be responsible for their own costs and attorney fees. Ordered by Judge Joseph F. Bataillon. (TCL )
May 3, 2013 46 Featured Case ORDER - IT IS ORDERED: Plaintiff's Request for Leave of Court to File Second Amended Complaint (filing 42 ) is granted. Plaintiff shall file her Second Amended Complaint by or before May 6, 2013. The following motions are denied as moot: Gold en Living Enterprises, LLC's Motion to Strike (filing 30 ); Blue Cross Blue Shield of Nebraska and Blue Cross Blue Shield of Texas' Motion to Strike Amended Complaint (filing 34 ); and Anthem Blue Cross Life and Health Insurance Company's Motion to Strike Plaintiff's First Amended Complaint (filing 37 ). A scheduling letter to progress this case will be issued by separate order. Ordered by Magistrate Judge F.A. Gossett. (TCL )
August 20, 2013 68 Featured Case ORDER - IT IS ORDERED that Anthem Blue Cross Life and Health Insurance Company's Motion to Seal (filing 66 ) is granted, in part. Access to Filing No. 67 herein shall be limited to the Court and parties of record. Ordered by Magistrate Judge F.A. Gossett. (TCL )
September 12, 2013 80 Featured Case ORDER denying the Plaintiff's 60 Motion for Leave to file Third Amended Complaint. Ordered by Magistrate Judge F.A. Gossett. (MKR)
October 28, 2013 82 Featured Case MEMORANDUM AND ORDER - Anthem's motion to dismiss, Filing No. 56 , is granted with respect to Counts V, VI, and VII. Anthems motion to dismiss, Filing No. 56 , the estoppel claim to the degree it is based on state law claims, is granted o n the basis of preemption under ERISA. Anthems motion to dismiss, Filing No. 56 , the negligent misrepresentation claim is dismissed as it fails to state a claim against Anthem. Anthems motion to dismiss, Filing No. 56 , the ERISA contract and ERISA fiduciary claims against Anthem as set forth in Counts I and II are denied. Anthems motion to strike, Filing No. 78 , plaintiffs supplemental brief, Filing No. 73 , is granted. Ordered by Judge Joseph F. Bataillon. (MKR)
January 31, 2014 89 Featured Case ORDER upon notice of settlement reached through mediation held on January 14, 2014. On or before March 3, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to Chief Di strict Judge Laurie Smith Camp, at smithcamp@ned.uscourts.gov, a draft order which will fully dispose of the case; Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; and Any hearings scheduled or deadlines pending are cancelled upon the representation that this case is settled. Dismissal Papers Deadline due by 3/3/2014. Ordered by Magistrate Judge F.A. Gossett. (MKR)
February 3, 2014 90 Featured Case AMENDED ORDER upon notice of settlement reached through mediation held on January 14, 2014. On or before March 3, 2014, the parties shall electronically file a joint stipulation for dismissal (or other dispositive stipulation) and shall submit to D istrict Judge Joseph F. Bataillon at bataillon@ned.uscourts.gov, a draft order which will fully dispose of the case; Absent compliance with this order, this case (including all counterclaims and the like) may be dismissed without further notice; and Any hearings scheduled or deadlines pending are cancelled upon the representation that this case is settled. Ordered by Magistrate Judge F.A. Gossett. (MKR)
March 19, 2014 95 Featured Case ORDER OF DISMISSAL WITH PREJUDICE- Plaintiff's complaint against Defendants Anthem Blue Cross Life and Health Insurance Company, Aseracare Home Healthcare-Omaha, LLC, Golden Living Enterprises P.C., Golden Living LLC, and GGNSC Holdings, LLC is dismissed, with prejudice. Each party shall pay their own costs and attorney fees. Ordered by Judge Joseph F. Bataillon. (MKR)

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Plaintiff: Sarah M. Mitchell
Represented By: Paul W. Madgett
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Defendant: Odyssey Healthcare, Inc.
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Defendant: Golden Living Enterprises
Represented By: Aaron A. Clark
Represented By: Ryan W. Green
Represented By: Michael B. Mattingly
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Defendant: Blue Cross Blue Shield of Texas
Represented By: Erin E. Busch
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Defendant: Anthem Blue Cross Life & Health Insurance Company
Represented By: Timothy J. Thalken
Represented By: Amir Shlesinger
Represented By: Sarah J. Woo
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Defendant: Blue Cross Blue Shield of Nebraska
Represented By: Erin E. Busch
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