Walker v. Regence BlueCross BlueShield of Oregon et al

Justia Dockets & Filings Fifth Circuit Texas Southern District Walker v. Regence BlueCross BlueShield of Oregon et al

Walker v. Regence BlueCross BlueShield of Oregon et al

Plaintiff:	Walker and Kirstin Walker
Defendant:	Regence BlueCross BlueShield of Oregon, BlueCross BlueShield of Texas and Health Care Service Corporation
Case Number:	3:2015cv00064
Filed:	March 27, 2015
Court:	US District Court for the Southern District of Texas
Office:	Galveston Office
County:	Galveston
Presiding Judge:	John R Froeschner
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1132
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 3, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 3, 2017	Filing 61 CLERKS NOTICE - NOTICE OF DESTRUCTION OF TRIAL EXHIBITS - Pursuant to Local Rule 79.2.B exhibits appearing on attached have this date been DESTROYED re: #56 Dft's Exhibit List - exhibits submitted during Bench Trial held 6/3/17.... Parties notified., filed. (sanderson, 3)
August 3, 2017	Filing 60 CLERKS NOTICE - NOTICE OF DESTRUCTION OF TRIAL EXHIBITS - Pursuant to Local Rule 79.2.B exhibits appearing on attached have this date been DESTROYED re: #55 Pltf's Exhibit List - exhibits submitted during Bench Trial held 6/3/17.... Parties notified., filed. (sanderson, 3)
July 20, 2017	Filing 59 CLERKS NOTICE - Pursuant to Local Rule 79.2.B., you are hereby notified that exhibits as listed below pertaining to the above-captioned case will be destroyed after ten (10) days from this date if not withdrawn by the offering party re: Exhibits submitted during BENCH TRIAL held 6/6/17 re: #55 Pltf's Exhibit List, #56 Dft's Exhibit List. Parties notified., filed. (sanderson, 3)
June 16, 2017	Filing 58 FINAL JUDGMENT - It is, therefore, ORDERED and ADJUDGED that Plaintiffs First Amended Complaint (Instrument no. 13) is DISMISSED; that Plaintiff RECOVER NOTHING; and that the Defendants, Regence Blue Cross Blue Shield of Oregon, Blue Cross Blue Shield of Texas, and Health Service Corporation, RECOVER their costs....*** Case terminated on 6/16/17(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
June 16, 2017	Filing 57 OPINION AND ORDER - the Court FINDS that the Kirstins claim for additional benefits for the November 2013 air ambulance service is without merit and it is, therefore, ORDERED that #13 Plaintiffs First Amended Complaint is DISMISSED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
June 6, 2017	Filing 56 First Day Bench Trial Exhibit List by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon(sanderson, 3)
June 6, 2017	Filing 55 First Day Bench Trial Exhibit List by Kirstin Walker(sanderson, 3)
June 6, 2017	Filing 54 First Day Bench Trial Witness List by Kirstin Walker(sanderson, 3)
June 6, 2017	Filing 53 Minute Entry for proceedings held before Magistrate Judge John R Froeschner. First day of BENCH TRIAL held on 6/6/2017. Appearances: Andrew Fairles MacRae-f/Dfts. Julie B Tedbets-f/Pltfs.(ERO:Y). Case/Testimony SEALED p/Oral Order of Court. Testimony/Evidence begins / Pltf rests. Pltf & Dft Exhibits ADMITTED by Court. No evidence presented by Dft / Dft rests. Dft's oral M/Directed Verdicted presented / arguments presented. Case under advisement by Court. *** Trial exhibits maintained by Court until Conclusion of case, filed.(sanderson, 3)
May 26, 2017	Filing 52 TRIAL BRIEF by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon(MacRae, Andrew)
May 26, 2017	Filing 51 TRIAL BRIEF by Kirstin Walker(Ayers, Deanne)
May 26, 2017	Filing 50 REPLY in Support of #48 MOTION to Strike Summary Judgment Evidence, filed by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon. (MacRae, Andrew)
May 23, 2017	Filing 49 RESPONSE in Opposition to #48 MOTION to Strike Summary Judgment Evidence, filed by Kirstin Walker. (Ayers, Deanne)
May 18, 2017	Filing 48 MOTION to Strike Summary Judgment Evidence by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 6/8/2017. (Attachments: #1 Proposed Order)(MacRae, Andrew)
May 18, 2017	Filing 47 REPLY in Support of #42 MOTION for Summary Judgment , filed by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon. (MacRae, Andrew)
May 15, 2017	Filing 46 Exhibit List by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon(MacRae, Andrew)
May 15, 2017	Filing 45 Exhibit List by Kirstin Walker(Ayers, Deanne)
May 4, 2017	Filing 44 RESPONSE in Opposition to #42 MOTION for Summary Judgment , filed by Kirstin Walker. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Ayers, Deanne)
April 13, 2017	Filing 43 Second APPENDIX re: #42 MOTION for Summary Judgment by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. (Attachments: #1 Appendix Part Four (230-307))(MacRae, Andrew)
April 13, 2017	Filing 42 MOTION for Summary Judgment by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 5/4/2017. (Attachments: #1 Proposed Order, #2 Appendix Part One (1-73), #3 Appendix Part Two (74-149))(MacRae, Andrew)
April 5, 2017	Filing 41 AMENDED ORDER - *** Bench Trial set for 6/6/2017 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 5, 2017	Filing 40 ORDER - Supplemental Disclosures due by 4/17/2017. Parties exchange trial exhibits by 5/15/17. Trial Brief due by 5/26/2017.... *** Bench Trial set for 6/5/2017 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 5, 2017	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS/SCHEDULING CONFERENCE held on 4/5/2017.....Deadlines set. Bench Trial set 6/5/17 @ 9:30 am. Order to follow. Appearances: Andrew Fairles MacRae, Julie B Tedbets., filed.(sanderson, 3)
March 30, 2017	*Set/Reset Hearings: * Telephone Status Conference RESET for 4/5/2017 at 02:00 PM before Magistrate Judge John R Froeschner .... *The Parties should call the Courts conference line at (409) 763-7881, at the designated time. (sanderson, 3)*Reset p/request of all counsel
February 28, 2017	Filing 39 NOTICE of Setting. Parties notified....* Telephone Status Conference set for 4/5/2017 at 10:30 AM before Magistrate Judge John R Froeschner, filed....* ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time.(sanderson, 3)
February 28, 2017	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 2/28/2017..... ***Status of case discussed with Court. Phone Status Conf set 4/5/17 @ 10:30 am. Ntc to follow. Appearances: Andrew Fairles MacRae, Deanne C Ayers., filed.(sanderson, 3)
February 27, 2017	*Set/Reset Hearings: * Telephone Status Conference set for 2/28/2017 at 11:00 AM before Magistrate Judge John R Froeschner ...* The Parties should call the Courts conference line at (409) 763-7881, at the designated time. (sanderson, 3)**Parties notified via email
November 14, 2016	Filing 38 OPINION AND ORDER granting #34 Motion for Partial Summary Judgment; granting #30 Motion for Partial Summary Judgment; and that Pltfs' state law claims, which are preempted by ERISA, are DISMISSED with prejudice.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
August 19, 2016	Filing 37 REPLY in Support of #34 Amended MOTION for Partial Summary Judgment with 2 of 3 Exhibits (Exhibit 3 to be filed as supplement), filed by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon. (MacRae, Andrew)
August 5, 2016	Filing 36 RESPONSE to #34 Amended MOTION for Partial Summary Judgment with 2 of 3 Exhibits (Exhibit 3 to be filed as supplement) filed by Kirstin Walker. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I)(Ayers, Deanne)
July 8, 2016	Filing 35 SUPPLEMENT to #34 Amended MOTION for Partial Summary Judgment with 2 of 3 Exhibits (Exhibit 3 to be filed as supplement) by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. (Attachments: #1 Exhibit pages 101-200, #2 Exhibit pages 201-300, #3 Exhibit pages 301-391)(MacRae, Andrew)
July 8, 2016	Filing 34 Amended MOTION for Partial Summary Judgment with 2 of 3 Exhibits (Exhibit 3 to be filed as supplement) by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 7/29/2016. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(MacRae, Andrew)
June 20, 2016	Filing 33 ORDER an Amendment, Response & Reply deadline, if any, SET re: #30 MOTION for Partial Summary Judgment; Dfts to Amend/Supplement Motion for Partial Summary Judgment by 7/8/16; Pltf's Response due by 8/5/2016; Dfts' Reply, if any, due by 8/19/2016(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 26, 2016	Filing 32 NOTICE of Service of Deposition Notice for Teri Parent by Kirstin Walker, filed. (Ayers, Deanne)
May 11, 2016	*** P/Agreement of Parties - date/time of corp rep depo set and Phone Status Conf set 5/13/16 @ 11:00 am is CANCELLED., filed. (sanderson, 3)
April 28, 2016	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE STATUS CONFERENCE held on 4/28/2016. Appearances: Andrew Fairles MacRae, Julie B Tedbets., filed....***Status of case discussed with Court. Corp rep to be deposed & date to be set. Phone Conf set 5/13 @ 11:00 if date/time of depo cannot be agreed upon.(sanderson, 3)
April 8, 2016	Filing 31 ORDER - In order to give Plaintiffs an opportunity to review the Defendants recently filed Motion for Summary Judgment and to formulate, if necessary, a discovery plan to address the ERISA preemption issue, this case is SET for a * Telephone Status Conference on 4/28/2016 at 01:30 PM before Magistrate Judge John R Froeschner(Signed by Magistrate Judge John R Froeschner)... *The Parties should call the Courts conference line at (409) 763-7881, at the designated time. Parties notified.(sanderson, 3)
April 8, 2016	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 4/8/2016....*** Deadines to pending MSJ discussed. Phone Status Conf set 4/28/16 @ 1:30 to discuss response & reply ddls to pending MSJ. Order to follow. Appearances: Andrew Fairles MacRae, Julie B Tedbets., filed.(sanderson, 3)
April 7, 2016	Filing 30 MOTION for Partial Summary Judgment by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 4/28/2016. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(MacRae, Andrew)
April 7, 2016	Filing 29 AMENDED ANSWER to by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. (MacRae, Andrew)
February 26, 2016	Filing 28 INITIAL DISCLOSURES by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed.(MacRae, Andrew)
February 26, 2016	Filing 27 NOTICE of Serving Disclosure due 2-26-16 by Kirstin Walker, filed. (Ayers, Deanne)
January 22, 2016	Filing 26 ORDER that Initial Disclosures due by 2/26/2016. ORDER that a * Telephone Scheduling Conference is SET for 4/8/2016 at 10:00 AM before Magistrate Judge John R Froeschner... *The Parties should call the Courts conference line at (409) 763-7881, at the designated time.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
January 22, 2016	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 1/22/2016. Appearances: Andrew Fairles MacRae, Julie B Tedbets....*** Deadlines discussed with Court. Phone Sked Conf set 4/8/16 @ 10:00. Order to follow., filed.(sanderson, 3)
January 6, 2016	Filing 25 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference set for 1/22/2016 at 10:00 AM before Magistrate Judge John R Froeschner, filed....* ***The Parties should call the Courts conference line at (409) 763-7881, at the designated time.(sanderson, 3)
December 23, 2015	Filing 24 OPINION AND ORDER denying #21 Second Motion to Dismiss for Failure to State a Claim under Rule 12(b)(2) based on lack of personal jurisdiction; and that Defendants BCBST and HCSCs Rule 12(b)(6) Motion to Dismiss is DENIED. (Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
July 10, 2015	Filing 23 REPLY in Support of #21 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon. (MacRae, Andrew)
June 25, 2015	Filing 22 RESPONSE to #21 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kirstin Walker. (Ayers, Deanne)
June 5, 2015	Filing 21 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 6/26/2015. (Attachments: #1 Proposed Order)(MacRae, Andrew)
May 19, 2015	Filing 20 ORDER pursuant to an agreement of the Parties denying as moot #14 Motion to Remand and the Defendants resultant request for attorneys fees.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 18, 2015	Filing 19 RESPONSE in Opposition to #14 MOTION to Remand, filed by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(MacRae, Andrew)
May 11, 2015	Filing 18 ORDER denying as moot #2 Motion to Dismiss. it is further ORDERED that Dft's "new" Motion to Dismiss due 6/5/15; Pltfs' Response due 6/26/15; Dft's reply, if any, due 7/10/15.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 11, 2015	CONTINUATION OF ENTRY #18 FOR STATISTICAL PURPOSES - Motion to Dismiss due by 6/5/2015. Responses due by 6/26/2015. Reply, if any, due by 7/10/2015(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
May 7, 2015	Filing 17 NOTICE of Intent to file Motion to Dismiss by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. (MacRae, Andrew)
April 28, 2015	Filing 16 ORDER that a Response and Reply, if any, SHALL be filed re: #14 MOTION to Remand ; Dfts' Responses due by 5/18/2015. Pltf's Reply, if any, due by 5/29/2015(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 28, 2015	Filing 15 CONSENT TO PROCEED BEFORE MAGISTRATE JUDGE by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, Kirstin Walker and ORDER TRANSFERRING CASE to Magistrate Judge John R Froeschner. Judge Gray H. Miller no longer assigned to the case.(Signed by Judge Gray H. Miller) Parties notified.(cfelchak, 4)
April 24, 2015	Filing 14 MOTION to RemandMotions referred to John R Froeschner. by Kirstin Walker, filed. Motion Docket Date 5/15/2015. (Attachments: #1 Proposed Order)(Ayers, Deanne)
April 24, 2015	Filing 13 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Kirstin Walker. (Attachments: #1 Exhibit A)(Ayers, Deanne)
April 23, 2015	Filing 12 CONSENT to Proceed Before a Magistrate Judge by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed.(MacRae, Andrew)
April 16, 2015	Filing 11 CONSENT to Proceed Before a Magistrate Judge by Kirstin Walker, filed.(Ayers, Deanne)
April 15, 2015	Filing 10 CERTIFICATE OF INTERESTED PARTIES by Kirstin Walker, filed.(Ayers, Deanne)
April 15, 2015	Filing 9 ORDER that Pltf SHALL file an Amended Pleading by 4/24/2015. It is further ORDERED that Defendants SHALL, on or before May 8, 2015, notify the Court whether they will rely on their Motion to Dismiss as is; amend or supplement the Motion; or withdraw it; Notice of Compliance due by 5/8/2015(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, 3)
April 15, 2015	Minute Entry for proceedings held before Magistrate Judge John R Froeschner. TELEPHONE SCHEDULING CONFERENCE held on 4/15/2015. Appearances: Andrew Fairles MacRae, Deanne C Ayers., filed.(sanderson, 3)*** Deadlines/status of case discussed with Court. Amend Cmplt ddl set. Order to follow.
April 14, 2015	Filing 8 CERTIFICATE OF INTERESTED PARTIES by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed.(MacRae, Andrew)
April 14, 2015	Filing 7 STATEMENT in Removed Case by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed.(MacRae, Andrew)
April 10, 2015	Filing 6 NOTICE of Setting. Parties notified....* Telephone Scheduling Conference set for 4/15/2015 at 10:30 AM before Magistrate Judge John R Froeschner, filed. (sanderson, 3) *The Parties should call the Courts conference line at (409) 763-7881, at the designated time.
April 6, 2015	Filing 5 ORDER REFERRING CASE to Magistrate Judge John R Froeschner for full pretrial management.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 6, 2015	Filing 4 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 4/22/2015(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 6, 2015	Filing 3 Order in Removed Cases. Statement due within ten days.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4)
April 3, 2015	Filing 2 MOTION to Dismiss and Brief in Support by BlueCross BlueShield of Texas, Health Care Service Corporation, Regence BlueCross BlueShield of Oregon, filed. Motion Docket Date 4/24/2015. (Attachments: #1 Exhibit, #2 Proposed Order)(MacRae, Andrew)
March 27, 2015	Filing 1 NOTICE OF REMOVAL from 10th District Court, Galveston County, case number 15-cv-0149 (Filing fee $ 400 receipt number 0541-14630566) filed by Health Care Service Corporation, Blue Cross Blue Shield of Texas, A Division of Health Care Service Corporation, A Mutual Legal Reserve Company, Regence Blue Cross Blue Shield of Oregon. (Attachments: #1 Appendix, #2 Civil Cover Sheet)(MacRae, Andrew)

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Search for this case: Walker v. Regence BlueCross BlueShield of Oregon et al
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Plaintiff: Walker
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Plaintiff: Kirstin Walker
Represented By:	Deanne C Ayers
Represented By:	Julie B Tedbets
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Defendant: Regence BlueCross BlueShield of Oregon
Represented By:	Andrew Fairles MacRae
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Defendant: BlueCross BlueShield of Texas
Represented By:	Andrew Fairles MacRae
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Defendant: Health Care Service Corporation
Represented By:	Andrew Fairles MacRae
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