Forloine v. Young et al
| Mara Forloine |
| Jeffrey H. Coben, Cynthia Beane, Aetna Better Health of West Virginia and Sherri A. Young |
| 3:2023cv00450 |
| June 23, 2023 |
| US District Court for the Southern District of West Virginia |
| Robert C Chambers |
| Civil Rights: Other |
| 42 U.S.C. § 1396 - Medicaid and CHIP Payment and Access Commission |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 41
ORDER directing Plaintiff to file a response to the #39 MOTION by Cynthia Beane, Jeffrey H. Coben to Stay All Proceedings by 8/22/2023, and Defendants to file a reply by 8/24/2023. Signed by Judge Robert C. Chambers on 8/15/2023. (cc: attys; any unrepresented parties) (mkw)
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Filing 40
MEMORANDUM OF LAW by Cynthia Beane, Sherri A. Young in support of #39 MOTION by Cynthia Beane, Jeffrey H. Coben to Stay All Proceedings. (Dunham, Michael) (Modified on 8/15/2023 to update party filer) (ts).
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Filing 39
MOTION by Cynthia Beane, Sherri A. Young to Stay All Proceedings. (Attachments: #1 Exhibit, #2 Exhibit)(Dunham, Michael) (Modified on 8/15/2023 to update party filer) (ts).
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Filing 38
NOTICE OF ATTORNEY APPEARANCE by Michael D. Dunham on behalf of Cynthia Beane, Sherri A. Young. (Dunham, Michael) (Modified on 8/15/2023 to update party filer) (ts).
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Filing 37
REPLY by Aetna Better Health of West Virginia to Plaintiff's #33 Response In Opposition. (Hayes, Laura) (Modified on 8/11/2023 to remove link to #27 motion and #28 memorandum in support and to add link to #33 response) (mkw).
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Filing 36
REPLY by Cynthia Beane, Sherri A. Young to #31 Response In Opposition. (David, Caleb) (Modified on 8/15/2023 to update party filer) (ts).
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Filing 35
ORDER granting #34 UNOPPOSED MOTION by Aetna Better Health of West Virginia for Extension to File Reply to #33 Response In Opposition; directing reply to be filed by 8/11/2023. Signed by Judge Robert C. Chambers on 8/4/2023. (cc: counsel of record; any unrepresented party) (mk)
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Filing 34
UNOPPOSED MOTION by Aetna Better Health of West Virginia for Extension to File Reply to #33 Response In Opposition to 8/11/2023. (Attachment: #1 Proposed Order)(Hayes, Laura)
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Filing 33
RESPONSE by Mara Forloine in opposition to #27 MOTION by Aetna Better Health of West Virginia to Dismiss With Prejudice, re: #1 complaint (Milnes, Lydia)
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Filing 32
MEMORANDUM OPINION AND ORDER granting Plaintiff's #6 MOTION for Temporary and Preliminary Injunctive Relief. Signed by Judge Robert C. Chambers on 8/1/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 31
RESPONSE by Mara Forloine in opposition to #24 MOTION by Cynthia Beane, Jeffrey H. Coben to Dismiss for Failure to State a Claim, re: #1 Complaint (Milnes, Lydia)
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Filing 30
MOTION HEARING held by Judge Robert C. Chambers on 7/26/2023; Court Reporter: Amanda Pickens. (trj)
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Filing 29
ORDER granting Plaintiff's #6 MOTION for Temporary and Preliminary Injunctive Relief; directing Defendants to carry out the final decision of the State Agency as expressed in the Board of Review's final administrative decision on Ms. Forloine's fair hearing; further directing Defendants to issue pre-approval for the three surgical procedures upheld as medically necessary by the Board of Review's final administrative decision. Signed by Judge Robert C. Chambers on 7/26/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 28
MEMORANDUM OF LAW by Aetna Better Health of West Virginia in support of #27 MOTION by Aetna Better Health of West Virginia to Dismiss With Prejudice. (Hayes, Laura)
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Filing 27
MOTION by Aetna Better Health of West Virginia to Dismiss With Prejudice, re: #1 Complaint. (Attachment: #1 Exhibit A)(Hayes, Laura) (Modified on 7/19/2023 to add link to #1 complaint) (mkw).
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RESET DEADLINE: Aetna Better Health of West Virginia answer due 7/18/2023. (mkw)
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Filing 26
STIPULATION TO EXTEND TIME by Cynthia Beane, Jeffrey H. Coben, Mara Forloine, Aetna Better Health of West Virginia; the parties stipulate that Defendant Aetna Better Health of West Virginia shall have until shall July 18, 2023 to answer or otherwise respond to the Complaint in this matter. (Hayes, Laura) (Modified on 7/18/2023 to add party filers) (mkw).
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Filing 25
MEMORANDUM OF LAW by Cynthia Beane, Jeffrey H. Coben in support of #24 MOTION by Cynthia Beane, Jeffrey H. Coben to Dismiss for Failure to State a Claim, re: #1 Complaint. (Bandy, Kimberly)
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Filing 24
MOTION by Cynthia Beane, Jeffrey H. Coben to Dismiss for Failure to State a Claim, re: #1 Complaint. (Bandy, Kimberly)
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Filing 23
ORDER GRANTING DEFENDANTS COBEN AND BEANE'S MOTION TO EXCEED PAGE LIMIT granting Defendants Coben and Beane's #22 MOTION to Exceed Page Limit; Defendants are permitted to file a Memorandum not to exceed twenty-five (25) pages. Signed by Judge Robert C. Chambers on 7/17/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 22
MOTION by Cynthia Beane, Jeffrey H. Coben to Exceed Page Limit. (Attachment: #1 Proposed Order)(Bandy, Kimberly)
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Filing 21
REPLY by Mara Forloine to #13 Response In Opposition. (Milnes, Lydia)
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Filing 20
REPLY by Mara Forloine to #14 Response In Opposition. (Milnes, Lydia)
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Filing 19
ORDER directing that the hearing on Plaintiff's #6 MOTION for Temporary and Preliminary Injunctive Relief which is currently scheduled for 7/19/2023 at 11:00 a.m. is rescheduled to 7/26/2023 at 10:30 a.m. in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 7/13/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 18
ORDER granting Plaintiff's #17 UNOPPOSED MOTION to Extend Time to File Reply to Defendant's Response to Plaintiff's #6 MOTION for Temporary and Preliminary Injunctive Relief; Plaintiff may file her Reply by 7/14/2023. Signed by Judge Robert C. Chambers on 7/12/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 17
UNOPPOSED MOTION by Mara Forloine For Brief Extension of Time to File Reply Brief to #13 and #14 Responses in Opposition. (Milnes, Lydia) (Modified on 7/16/2023 to add link to #13 and #14 responses) (mkw).
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Filing 16
NOTICE OF APPEARANCE by Chelsea Elizabeth Thompson on behalf of Aetna Better Health of West Virginia. (Thompson, Chelsea)
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Filing 15
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Aetna Better Health of West Virginia. (Hayes, Laura)
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Filing 14
RESPONSE by Cynthia Beane, Jeffrey H. Coben in opposition to #6 MOTION by Mara Forloine for Temporary and Preliminary Injunctive Relief. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bandy, Kimberly)
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Filing 13
RESPONSE by Aetna Better Health of West Virginia in opposition to #6 MOTION by Mara Forloine for Temporary, Preliminary and Permanent Injunctive Relief, and Request for Stay Pending Appeal. (Attachment: #1 Exhibit A)(Hayes, Laura)
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Filing 12
ORDER GRANTING DEFENDANTS COBEN AND BEANE'S MOTION TO EXCEED PAGE LIMIT granting #11 MOTION by Cynthia Beane, Jeffrey H. Coben to Exceed Page Limit; Defendants are permitted to file a Memorandum not to exceed twenty-five (25) pages. Signed by Judge Robert C. Chambers on 7/11/2023. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing 11
MOTION by Cynthia Beane, Jeffrey H. Coben to Exceed Page Limit for Response to Plaintiff's #6 Motion for Temporary and Preliminary Injunctive Relief, with proposed document attached. (Attachment: #1 Proposed Order)(Bandy, Kimberly) (Modified on 7/10/2023 to add link to #6 motion) (mkw).
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Filing 10
ORDER directing Defendants to file a Response or Responses to the #6 MOTION by Mara Forloine for Temporary and Preliminary Injunctive Relief by 7/11/2023; further directing that any Reply be filed by 7/13/2023; scheduling a hearing on the Motion for 7/19/2023 at 11:00 a.m. in Huntington before Judge Robert C. Chambers; counsel arguing the motions will appear in person. Signed by Judge Robert C. Chambers on 7/5/2023.(cc: counsel of record; any unrepresented parties) (jsa)
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Filing 9
CERTIFICATE OF SERVICE by Mara Forloine for Motion, with supporting exhibits and memorandum, for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Certificate of Service, #2 Certificate of Service)(Nash, Lesley)
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Filing 8
SUMMONS RETURNED EXECUTED by Personal Service for Aetna Better Health of West Virginia. Summons served on Annette Osborn on behalf of Aetna Better Health of West Virginia. Aetna Better Health of West Virginia served on 6/30/2023, answer due 7/21/2023. (Nash, Lesley) (Modified on 6/30/2023 to add the name of the person served) (mkw).
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Filing 7
MEMORANDUM by Mara Forloine in support of #6 MOTION by Mara Forloine for Temproary and Preliminary Injunctive Relief. (Milnes, Lydia)
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Filing 6
MOTION by Mara Forloine for Temporary and Preliminary Injunctive Relief. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Milnes, Lydia)
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Filing 5
SUMMONS RETURNED EXECUTED by Personal Service for Cynthia Beane, re: #1 Complaint. Shantrace Elsea served on 6/26/2023 on behalf of Cynthia Beane, answer due 7/17/2023. (Nash, Lesley) (Modified on 6/27/2023 to add the name of the person served and to add a link to the #1 complaint) (mkw).
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Filing 4
SUMMONS RETURNED EXECUTED by Personal Service for Jeffrey H. Coben, re: #1 Complaint. April Robertson served on 6/26/2023 on behalf of Jeffrey H. Coben, answer due 7/17/2023. (Nash, Lesley) (Modified on 6/27/2023 to add the name of the person served and to add link to #1 complaint) (mkw).
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CASE assigned to Judge Robert C. Chambers. (klc)
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Filing 3
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
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Filing 2
ELECTRONIC SUMMONS ISSUED as to Aetna Better Health of West Virginia, Cynthia Beane, Jeffrey H. Coben, re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 summons as to Cynthia Beane, #2 summons as to Aetna Better Health of WV) (jsa)
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Filing 1
VERIFIED COMPLAINT FOR TEMPORARY, PRELIMINARY, AND PERMANENT INJUNCTIVE RELIEF AND FOR DAMAGES. Filing Fee $402.00. Receipt # AWVSDC-8446911. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Summons as to Jeffrey H. Coben, #7 Proposed Summons as to Cynthia Beane, #8 Proposed Summons Aetna Better Health WV, #9 Civil Cover Sheet) (jsa)
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