Saucedo v. UnitedHealthcare Insurance Company of the River Valley
| Sergio Saucedo |
| UnitedHealthcare Insurance Company of the River Valley |
| 5:2023cv05214 |
| November 27, 2023 |
| US District Court for the Western District of Arkansas |
| Timothy L Brooks |
| Christy D Comstock |
| Insurance |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Second MOTION to Amend/Correct by Sergio Saucedo. (Attachments: #1 Exhibit Amended Complaint 2)Motions referred to Christy D. Comstock.(Swindle, Ken) |
| Filing 24 MEMORANDUM BRIEF in Support of #23 MOTION to Dismiss for Failure to State a Claim by UnitedHealthcare Insurance Company of the River Valley. (Attachments: #1 Exhibit 1 - Declaration of Jane Stalinski)(Halbert, Mark) |
| Filing 23 MOTION to Dismiss for Failure to State a Claim by UnitedHealthcare Insurance Company of the River Valley. Motions referred to Christy D. Comstock.(Halbert, Mark) |
| Filing 22 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Sergio Saucedo re #21 Order on Motion for Discovery (Swindle, Ken) |
Filing 21
ORDER denying #17 Motion for Discovery. (See Order for Specifics) Signed by Honorable Christy D. Comstock on January 4, 2024. (lgd)
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Filing 20
ORDER granting #19 Motion for Extension of Time to Answer #15 Amended Complaint. UnitedHealthcare Insurance Company of the River Valley answer due 1/19/2024. Signed by Honorable Christy D. Comstock on January 4, 2024. (lgd)
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| Filing 19 Unopposed MOTION for Extension of Time to File Answer re #15 Amended Complaint,,,, by UnitedHealthcare Insurance Company of the River Valley. Motions referred to Christy D. Comstock.(Halbert, Mark) |
| Filing 18 MEMORANDUM BRIEF in Support of #17 MOTION for Discovery by Sergio Saucedo. (Attachments: #1 Exhibit Complaint - First Case, #2 Exhibit Response - First Case, #3 Exhibit Motion - First Case, #4 Exhibit Reply - First Case)(Swindle, Ken) |
| Filing 17 MOTION for Discovery by Sergio Saucedo. Motions referred to Christy D. Comstock.(Swindle, Ken) |
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Filing 16
ORDER granting #14 Motion to Extend (See Order for Specifics). Signed by Honorable Christy D. Comstock on December 21, 2023. (lgd)
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| Filing 15 AMENDED COMPLAINT as to #3 Complaint against UnitedHealthcare Insurance Company of the River Valley , filed by Sergio Saucedo. Related document: #3 Complaint filed by Sergio Saucedo. (Attachments: #1 Exhibit Summary Plan Description, #2 Exhibit Complaint, #3 Exhibit Amended Complaint, #4 Exhibit Respone to Motion, #5 Exhibit Order, #6 Exhibit Sealed - Part 1, #7 Exhibit Sealed - Part 2, #8 Exhibit Compliance Notice, #9 Exhibit Letter, #10 Exhibit Letter, #11 Exhibit Letter, #12 Exhibit Order, #13 Exhibit Letter, #14 Exhibit Letter, #15 Exhibit Letter, #16 Exhibit Letter, #17 Exhibit Letter, #18 Exhibit Letter, #19 Exhibit Letter, #20 Exhibit Fax Appeal, #21 Exhibit Letter, #22 Exhibit Appeal, #23 Exhibit Letter, #24 Exhibit Letter, #25 Exhibit Letter, #26 Exhibit Appeal, #27 Exhibit Appeal, #28 Exhibit Appeal, #29 Exhibit Acknowledgment, #30 Exhibit Appeal, #31 Exhibit Denial, #32 Exhibit Letter, #33 Exhibit Letter, #34 Exhibit Letter, #35 Exhibit Letter, #36 Exhibit Letter, #37 Exhibit Letter, #38 Exhibit Reconsideration, #39 Exhibit USPS)(Swindle, Ken) |
| Filing 14 MOTION to Extend Deadlines in Scheduling Order by UnitedHealthcare Insurance Company of the River Valley. (Attachments: #1 Exhibit 1 - Opinion and Order dated 4/19/2023)Motions referred to Christy D. Comstock.(Halbert, Mark) |
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Filing 13
ORDER granting #12 Motion to Amend Complaint. Plaintiff has until January 12, 2024 to file the amended complaint. (See Order for Specifics) Signed by Honorable Christy D. Comstock on December 18, 2023. (lgd)
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| Filing 12 First MOTION to Amend/Correct #3 Complaint by Sergio Saucedo. (Attachments: #1 Exhibit Amended Complaint)Motions referred to Christy D. Comstock.(Swindle, Ken) |
| CASE REFERRED to Honorable Christy D. Comstock. (lgd) |
| Filing 11 TEXT ONLY ORDER denying #6 Motion for Default Judgment. This case was timely removed, and the Court's subject matter jurisdiction is based on the presence of a federal question. Plaintiff asks the Court, in its discretion, to enter judgment in his favor pursuant to Federal Rule of Civil Procedure 55(b) because he argues Defendant filed his answer out of time. To be clear, the answer was filed before the instant motion. The Court observes that Plaintiff was obligated to request the entry of a clerk's default under Rule 55(a) before moving the Court for a default judgment; this he failed to do. See Johnson v. Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998) ("When a party 'has failed to plead or otherwise defend' against a pleading listed in Rule 7(a), entry of default under Rule 55(a) must precede grant of a default judgment under Rule 55(b)."). Furthermore, a clerk's default would not have been appropriate, as filing an answer manifests an intent "to plead or otherwise defend." Fed. R. Civ. P. 55(a). Accordingly, this case shall proceed according to the deadlines set forth in the administrative scheduling order #10 . Signed by Honorable Timothy L. Brooks on December 12, 2023. (ee) |
| Filing 10 ADMINISTRATIVE RECORD SCHEDULING ORDER setting deadlines. No reply briefs will be allowed without leave of court. Signed by Honorable Timothy L. Brooks on December 12, 2023. (slc) |
| Filing 9 MEMORANDUM BRIEF in Support of #8 Response to Motion, by UnitedHealthcare Insurance Company of the River Valley. (Halbert, Mark) |
| Filing 8 RESPONSE IN OPPOSITION TO Motion re #6 MOTION for Default Judgment as to Unitedhealthcare Insurance Company of the River Valley filed by UnitedHealthcare Insurance Company of the River Valley. (Attachments: #1 Exhibit A - E-mail Notification of filed Notice of Removal, #2 Exhibit B - File-stamped State Court Notice of Filing Notice of Removal, #3 Exhibit C - File stamped Plaintiff's State Court Motion and Brief for Judgment by Default)(Halbert, Mark) |
| Filing 7 MEMORANDUM BRIEF in Support of #6 MOTION for Default Judgment as to Unitedhealthcare Insurance Company of the River Valley by Sergio Saucedo. (Swindle, Ken) |
| Filing 6 MOTION for Default Judgment as to Unitedhealthcare Insurance Company of the River Valley by Sergio Saucedo. (Attachments: #1 Exhibit Proof of Service, #2 Exhibit Case Summary)(Swindle, Ken) |
| Filing 5 ANSWER to #3 Complaint by UnitedHealthcare Insurance Company of the River Valley.(Halbert, Mark) |
| Complaint fee received: $402, receipt number 2881276. (jlm) |
| Filing 4 Magistrate Notice/Consent Form (bjb) |
| Filing 3 STATE COURT COMPLAINT against UnitedHealthcare Insurance Company of the River Valley, filed by Sergio Saucedo.(bjb) |
| Filing 2 NOTICE OF REMOVAL from Benton County Circuit Court, case number 04CV-23-2933., filed by UnitedHealthcare Insurance Company of the River Valley. (Attachments: # 1 State Court Complaint and Summons, #2 State Court Notice of Filing Notice of Removal)(bjb) (Additional attachment(s) added on 11/29/2023: #3 Exhibit A State Court summons and complaint documents) (lgd). |
| Filing 1 CIVIL COVER SHEET by UnitedHealthcare Insurance Company of the River Valley. (bjb) |
| CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal,. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 11/29/2023 (bjb) |
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| Plaintiff: Sergio Saucedo | |
| Represented By: | Ken David Swindle |
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| Defendant: UnitedHealthcare Insurance Company of the River Valley | |
| Represented By: | Mark Halbert |
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