Patricia Benitez v. Optuminsight, Inc. et al
| Patricia Benitez |
| OPTUMINSIGHT, INC., a Delaware corporation, American International Group, Inc., a Delaware corporation, United HealthCare Services, Inc., a Minnesota Corporation, DOES 1 through 10, inclsuive, Optuminsight, Inc., American International Group, Inc., United HealthCare Services, Inc., Does 1 through 10, inclusive and James Orlando |
| 2:2021cv07734 |
| September 28, 2021 |
| US District Court for the Central District of California |
| R Gary Klausner |
| Alka Sagar |
| Contract: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| Plaintiff |
Docket Report
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Filing 53
ORDER RE DISMISSAL OF ENTIRE ACTION #51 by Judge R. Gary Klausner as follows: This action, including all claims and counterclaims asserted therein by any of the parties, is dismissed with prejudice and without costs or fees awarded to any party. (Made JS-6. Case Terminated.) (jp)
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Filing 52
ORDER SEALING PORTIONS OF THE DISTRICT COURT RECORD RELATING TO SETTLEMENT #50 by Judge R. Gary Klausner that the Court will seal the following docket materials: Joint Rule 26(f) Report [dkt #36 ]. Stipulation of Facts and Admissibility, Exhibits 1-4, 8 [Dkt No. #43 , 43-1, 43-2, 43-3, 43-4, 43-8]. (See Order for further specifics). (jp)
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| Filing 51 STIPULATION to Dismiss Case pursuant to settlement filed by Plaintiff Patricia Benitez. (Attachments: #1 Proposed Order re Dismissal of Entire Action)(Wilson, Mark) |
| Filing 50 Joint APPLICATION for Relief from Leave of Court to Seal Portions of the District Court Record Relating to Settlement filed by Defendants Optuminsight, Inc., James Orlando, United HealthCare Services, Inc.. Application set for hearing on 4/25/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration Decl. of Noah G. Lipschultz, #3 Proposed Order) (Lipschultz, Noah) |
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Filing 49
SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: Plaintiff's Motion for Leave to File First Amended Complaint #42 , calendared for hearing on 3/28/2022, has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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Filing 48
NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Court has reviewed the MINUTES OF (In Chambers): Settlement Conference held before Magistrate Judge Alka Sagar #47 . The parties are hereby notified that they are NOT relieved of any deadlines or Court appearances until a dismissal of the action is filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 47 MINUTES OF (In Chambers): Settlement Conference held before Magistrate Judge Alka Sagar. The settlement conference was conducted off the record. A settlement has been reached, and the essential terms of the settlement - agreed to by the parties and counsel - were recited on the record and, at the parties' request, this portion of the proceeding will be under seal. The parties anticipate filing a stipulation and proposed order of dismissal within 14 days. Court Recorder: CS 03/15/22. (hr) |
| Filing 46 MINUTES OF ORDER RE SETTLEMENT CONFERENCE; Telephone Conference held before Magistrate Judge Alka Sagar. A telephonic conference with counsel for the parties was held on February 28, 2022, regarding the settlement conference that will be held on Tuesday, March 15, 2022, at 10:00 a.m. (see document for further details) Court Recorder: CS 02/28/22. (hr) |
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Filing 45
MINUTE (IN CHAMBERS) ORDER RE PREPARATION FOR SETTLEMENT CONFERENCE by Magistrate Judge Alka Sagar. In preparation for the settlement conference which has been scheduled for March 15, 2022 at 10:00 a.m., a telephone conference for Plaintiff's counsel and Defendants' counsel only will be held on February 28, 2022 at 9:00 a.m. (see document for further details) (hr)
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| Filing 44 SCHEDULING NOTICE by Magistrate Judge Alka Sagar. In preparation for the settlement conference scheduled for March 15, 2022, a telephone conference call for attorneys only will be held on February 28, 2022 at 9:00 a.m. The call-in number and password will be e-mailed to the parties. re: Order/Referral to ADR (No 1) (Judge) (ADR-12) #38 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afe) TEXT ONLY ENTRY |
| Filing 43 PRETRIAL STIPULATION regarding Exhibits Facts and Admissibility filed by Plaintiff Patricia Benitez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Wilson, Mark) |
| Filing 42 NOTICE OF MOTION AND MOTION for Leave to file First Amended Complaint filed by Plaintiff Patricia Benitez. Motion set for hearing on 3/28/2022 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum Memo of Ps and As, #2 Declaration Decl of Wilson, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Proposed Order Proposed Order) (Wilson, Mark) |
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Filing 41
MINUTE (IN CHAMBERS) Order Re: Stipulation Regarding Court Trial [DE #40 ] by Judge R. Gary Klausner: The Court has reviewed the stipulation filed by the parties stating that this matter should be tried to the Court rather than to a jury. The Court accepts the stipulation. Accordingly, the Court STRIKES Plaintiff's jury demand. (jp)
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| Filing 40 STIPULATION to Clarify Court trial request filed by Plaintiff Patricia Benitez.(Wilson, Mark) |
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Filing 39
ORDER FOR JURY TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 9/19/2022, at 9:00 AM. Jury Trial set for 10/4/2022, at 9:00 AM. (jre)
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Filing 38
ORDER/REFERRAL to ADR Procedure No 1 by Judge R. Gary Klausner. Case ordered to Magistrate Judge Sagar for Settlement Conference. ADR Proceeding to be held no later than August 5, 2022. (jre)
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| Filing 37 MINUTES OF SCHEDULING CONFERENCE before Judge R. Gary Klausner. The Scheduling Conference is held and the Court sets the following dates: Jury Trial (Est. 2 days): 10/4/2022 at 9:00 AM. Pretrial Conference: 9/19/2022 at 9:00 AM. Motion Cut-Off Date (last day to file): 7/19/2022. DiscoveryCcut-off Date: 7/5/2022. Last day to amend the complaint or add parties is 3/20/2022. The parties will participate in ADR Settlement Procedure No. 1, before a Magistrate Judge. No later than 2/24/2022, both parties shall submit briefing as to their positions regarding the question of why this action should remain as a jury trial. Court Reporter: Sherri Kleeger. (jp) |
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Plaintiff Patricia Benitez.. (Dunn, Gordon) |
| Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney Gordon Valiant Dunn counsel for Plaintiff Patricia Benitez. Adding Gordon V. Dunn III as counsel of record for Patricia Benitez for the reason indicated in the G-123 Notice. Filed by Plaintiff Patricia Benitez. (Dunn, Gordon) |
| Filing 34 NOTICE Joint Notice Re Status of Settlement filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 33 Verified Supplemental ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #25 filed by Counter-Defendant Patricia Benitez.(Wilson, Mark) |
| Filing 32 ANSWER to Answer to Complaint (Attorney Civil Case Opening),, Counterclaim, #25 filed by Plaintiff Patricia Benitez.(Wilson, Mark) |
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Filing 31
DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner. The Stipulation is DENIED. No good cause shown. re Stipulation for Order #30 . (jp)
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| Filing 30 First STIPULATION for Order to Vacate Scheduling Conference and Extend Time to Respond XC filed by Plaintiff Patricia Benitez. (Attachments: #1 Proposed Order)(Wilson, Mark) |
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 2/7/2022. Scheduling Conference set for 2/14/2022 at 9:00 am. (sw)
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| Filing 28 NOTICE of Interested Parties filed by Defendants American International Group, Inc., Optuminsight, Inc., United HealthCare Services, Inc., identifying American International Group, Inc.; UnitedHealth Group, Inc.; Optum, Inc.. (Attorney Noah G. Lipschultz added to party American International Group, Inc.(pty:dft))(Lipschultz, Noah) |
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Filing 27
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner re: Deficiency in Electronically Filed Documents #26 . Counsel shall file the Notice of Interested Parties pursuant to LR 7.1-1 not later than 2:00 pm on December 2, 2021, otherwise the answer shall be stricken. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
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| Filing 26 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) and Counterclaim, #25 by United HealthCare Services, Inc., Optuminsight, Inc., James Orlando. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) |
| Filing 25 ANSWER to Complaint (Attorney Civil Case Opening), #1 AFFIRMATIVE/ADDITIONAL DEFENSES, AND COUNTERCLAIM OF DEFENDANT OPTUMINSIGHT, INC., JUSTIN ORLANDO, AS ADMINISTRATOR AND FIDUCIARY OF THE AMERICAN INTERNATIONAL GROUP, INC. MEDICAL PLAN AND UNITED HEALTHCARE SERVICES, COUNTERCLAIM against Patricia Benitez filed by Defendant United HealthCare Services, Inc., Optuminsight, Inc., James Orlando.(Attorney Noah G. Lipschultz added to party James Orlando(pty:dft))(Lipschultz, Noah) |
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Filing 24
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: granting #23 Non-Resident Attorney Noah G Lipschultz APPLICATION to Appear Pro Hac Vice on behalf of Defendants Optuminsight, Inc., United HealthCare Services, Inc., designating Krall Jacob as local counsel. (jp)
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| Filing 23 APPLICATION of Non-Resident Attorney Noah G. Lipschultz to Appear Pro Hac Vice on behalf of Defendants Optuminsight, Inc., United HealthCare Services, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32315696) filed by Defendants Optuminsight, Inc., United HealthCare Services, Inc.. (Attachments: #1 Proposed Order ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE) (Krall, Jacob) |
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Filing 22
ORDER GRANING JOINT STIPULATION TO EXTEND TIME TO ANSWER AND TO AMEND COMPLAINT TO SUBSTITUTE IN DEFENDANT #21 by Judge R. Gary Klausner that the parties Joint Stipulation To Extend Time 21 To Answer and to Amend Complaint to Substitute In Defendants is GRANTED. (jp)
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| Filing 21 Joint STIPULATION Extending Time to Answer the complaint as to United HealthCare Services, Inc. answer now due 11/30/2021; Optuminsight, Inc. answer now due 11/30/2021, re Complaint (Attorney Civil Case Opening), #1 filed by Defendants United HealthCare Services, Inc.; Optuminsight, Inc..(Krall, Jacob) |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Jacob Matthew Krall counsel for Defendants Optuminsight, Inc., United HealthCare Services, Inc.. Adding Jacob M. Krall as counsel of record for Defendants OPTUMINSIGHT, INC. AND UNITED HEALTHCARE SERVICES, INC. for the reason indicated in the G-123 Notice. Filed by Defendants Defendants OPTUMINSIGHT, INC. AND UNITED HEALTHCARE SERVICES, INC.. (Attorney Jacob Matthew Krall added to party Optuminsight, Inc.(pty:dft), Attorney Jacob Matthew Krall added to party United HealthCare Services, Inc.(pty:dft))(Krall, Jacob) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff Patricia Benitez, upon Defendant American International Group, Inc. served on 10/28/2021, answer due 11/18/2021. Service of the Summons and Complaint were executed upon Lynanne Gares, Agent for Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (Wilson, Mark) |
| Filing 18 Notice of Withdrawal of Service of Summons and Complaint Returned Executed (21 days), #15 filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 17 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Patricia Benitez, upon Defendant United HealthCare Services, Inc. served on 10/13/2021, answer due 11/3/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wilson, Mark) |
| Filing 16 PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Patricia Benitez, upon Defendant Optuminsight, Inc. served on 10/13/2021, answer due 11/3/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wilson, Mark) |
| Filing 15 [WITHDRAWN PER DOCKET ENTRY NO. #18 ] - PROOF OF SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Patricia Benitez, upon Defendant American International Group, Inc. served on 10/11/2021, answer due 11/1/2021. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Wilson, Mark) Modified on 10/25/2021 (jp). |
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Filing 14
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
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| Filing 13 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant United HealthCare Services, Inc. (ghap) |
| Filing 12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant American International Group, Inc. (ghap) |
| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Optuminsight, Inc. (ghap) |
| Filing 10 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 8 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Alka Sagar. (ghap) |
| Filing 7 NOTICE of Lis Pendens filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 6 Certificate and NOTICE of Interested Parties filed by Plaintiff Patricia Benitez, identifying Patricia Benitez, Optuminsight, Inc., American International Group, Inc., United Healthcare Services, Inc.. (Wilson, Mark) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Patricia Benitez. (Wilson, Mark) |
| Filing 1 COMPLAINT Receipt No: ACACDC-32064847 - Fee: $402, filed by Plaintiff Patricia Benitez. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Attorney Mark B Wilson added to party Patricia Benitez(pty:pla))(Wilson, Mark) |
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