Caldwell v. UnitedHealthcare Insurance Company et al
| Mary Caldwell |
| UnitedHealthcare Insurance Company and United HealthCare Services, Inc. |
| 3:2019cv02861 |
| May 23, 2019 |
| US District Court for the Northern District of California |
| William Alsup |
| Sallie Kim |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 50
ORDER APPROVING #48 WITHDRAWAL OF ATTORNEY OF RECORD HARMONY R. GBE. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 11/19/2019)
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| Filing 49 ANSWER to Amended Complaint byUnited HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Skaar, David) (Filed on 10/21/2019) |
| Filing 48 MOTION to Withdraw as Attorney Harmony R. Gbe filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company. Responses due by 10/31/2019. Replies due by 11/7/2019. (Attachments: #1 Proposed Order)(Maddigan, Michael) (Filed on 10/17/2019) |
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Filing 47
ORDER APPROVING #46 STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 10/11/2019)
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| Filing 46 STIPULATION WITH PROPOSED ORDER Stipulated [Proposed] Protective Order filed by Mary Caldwell, UnitedHealthcare Insurance Company and United HealthCare Services, Inc. (Attachments: #1 Proposed Order)(Barrio, Adrian) (Filed on 10/10/2019) Modified on 10/15/2019 (amgS, COURT STAFF). |
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Filing 45
Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 6/10/2020 at 10:00 AM in San Francisco, 450 Golden Gate Avenue, Courtroom A, 15th Floor.Signed by Magistrate Judge Thomas S. Hixson on 10/10/2019. (Attachments: #1 Standing Order re Settlement Conference)(rmm2S, COURT STAFF) (Filed on 10/10/2019)
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| Filing 44 Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Telephone Conference held on 10/8/2019 at 3:00 p.m.FTR Time: Not ReportedTotal Time: 9 minutesPlaintiff Attorney: Robert S. Gianelli, Esq. Defendant Attorney: David W. Skaar, Esq.; Michael Maddigan, Esq. Proceedings: Pre-Settlement Conference telephone call held. Proposed Settlement Dates: 6/9/19, 6/10/19 and 6/12/19 at 10:00 a.m. Counsel shall check with their Clients/Representatives and by email let the Courtroom Deputy know which dates are acceptable. Courtroom Deputy, Rose Maher, information: email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 10/8/2019) |
| Filing 43 AMENDED COMPLAINT First Amended Complaint against All Defendants. Filed by Mary Caldwell. (Barrio, Adrian) (Filed on 10/7/2019) Modified on 10/7/2019 (amgS, COURT STAFF). |
| Filing 42 Transcript of Proceedings held on September 26, 2019, before Judge William H. Alsup. Court Reporter, Marla F. Knox, RPR, CRR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #39 Transcript Order ) Release of Transcript Restriction set for 1/2/2020. (Related documents(s) #39 ) (mfk, COURT STAFF) (Filed on 10/4/2019) |
| Filing 41 CLERK'S NOTICE: Rescheduling Pre-Settlement Conference Telephone Call: The Pre-Settlement Conference Telephone Call presently scheduled for 10/3/2019, is CONTINUED to 10/8/2019 at 3:00 p.m. Counsel shall be prepared to speak about the status of this case and to schedule a Settlement Conference date.Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506If counsel have any questions please contact the Courtroom Deputy, Rose Maher, at 415-522-4708 or email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 10/2/2019) |
| Filing 40 TRANSCRIPT ORDER for proceedings held on September 26, 2019 before Judge William Alsup by United HealthCare Services, Inc., UnitedHealthcare Insurance Company, for Court Reporter Marla Knox. (Skaar, David) (Filed on 10/1/2019) |
| Filing 39 TRANSCRIPT ORDER for proceedings held on 9/26/19 before Judge William Alsup by Mary Caldwell, for Court Reporter Marla Knox. (Gianelli, Robert) (Filed on 10/1/2019) |
| Filing 38 CLERK'S NOTICE Scheduling Pre-Settlement Conference Telephone Call: This case has been referred for Settlement Conference to Magistrate Judge Thomas S. Hixson. A Pre-Settlement Conference Telephone Call is scheduled for 10/3/2019 at 1:30 p.m. Counsel shall be prepared to speak about the status of this case and to schedule a Settlement Conference date.Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506If counsel have any questions please contact the Courtroom Deputy, Rose Maher, at 415-522-4708 or email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 9/27/2019) |
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Filing 37
CASE MANAGEMENT SCHEDULING ORDER: ORDER REFERRING CASE to Magistrate Judge Thomas S. Hixson for Mediation/Settlement. Class certification motion must be filed by 4/16/2020 to be heard on a 49-day track. Bench Trial set for 11/30/2020 07:30 AM before Judge William Alsup. Final Pretrial Conference set for 11/18/2020 02:00 PM in San Francisco, Courtroom 12, 19th Floor. Amended Pleadings due by 12/5/2019. Discovery due by 7/10/2020. Expert Witness List due by 7/10/2020. Motions due by 8/13/2020. Signed by Judge William Alsup on 9/26/2019. (whasec, COURT STAFF) (Filed on 9/27/2019)
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Filing 35
ORDER RE MOTION TO DISMISS by Judge William Alsup [granting in part and denying in part #25 Motion to Dismiss]. (whasec, COURT STAFF) (Filed on 9/27/2019)
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| Filing 36 Minute Entry for proceedings held before Judge William Alsup: Motion Hearing re #25 MOTION to Dismiss Complaint held on 9/26/2019. Matter taken under submission. Court to issue written order. Initial Case Management Conference held on 9/26/2019, CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement Conference. Bench Trial set for 11/30/2020, 12/1/2020, 12/2/2020, 12/3/2020, 12/4/2020 07:30 AM before Judge William Alsup. (Total Time in Court: 4 minutes.) Court Reporter: Marla Knox. Plaintiff Attorney: Robert Gianelli. Defendant Attorney: Michael Maddigan. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Date Filed: 9/26/2019) |
| Filing 34 CASE MANAGEMENT STATEMENT Supplement to Joint Case Management Conference Statement filed by Mary Caldwell, UnitedHealthcare Insurance Company and United HealthCare Services, Inc. (Barrio, Adrian) (Filed on 9/24/2019) Modified on 9/24/2019 (amgS, COURT STAFF). |
| Filing 33 CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by Mary Caldwell. (Barrio, Adrian) (Filed on 9/19/2019) |
| Filing 32 OBJECTIONS to Reply Evidence by Mary Caldwell. (Barrio, Adrian) (Filed on 9/10/2019) |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Skaar, David) (Filed on 9/4/2019) |
| Filing 30 REPLY (re #25 MOTION to Dismiss Complaint ) filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Gretchen R. Hess, #2 Exhibit A)(Skaar, David) (Filed on 9/3/2019) Modified on 9/3/2019 (amgS, COURT STAFF). |
| Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Barrio, Adrian) (Filed on 9/3/2019) |
| Filing 28 OPPOSITION/RESPONSE (re #25 MOTION to Dismiss Complaint ) filed byMary Caldwell. (Barrio, Adrian) (Filed on 8/19/2019) |
| Filing 27 CLERK'S NOTICE CONTINUING CMC: Case Management Statement due by 9/19/2019. Initial Case Management Conference previously set for 9/12/2019 11:00 AM is rescheduled to 9/26/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 7/23/2019) |
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Filing 26
ORDER GRANTING #24 STIPULATION TO SET BRIEFING AND HEARING SCHEDULE. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 7/23/2019)
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| Filing 25 MOTION to Dismiss Complaint filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company. Motion Hearing set for 9/26/2019 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Responses due by 8/5/2019. Replies due by 8/12/2019. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Skaar, David) (Filed on 7/22/2019) |
| Filing 24 STIPULATION WITH PROPOSED ORDER to Set Briefing and Hearing Schedule on Defendants' Motion to Dismiss filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Skaar, David) (Filed on 7/22/2019) |
| Filing 23 NOTICE of Appearance by Harmony Roselina Gbe (Gbe, Harmony) (Filed on 7/17/2019) |
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Filing 22
NOTICE AND ORDER RE PUTATIVE CLASS ACTIONS AND FACTORS TO BE EVALUATED FOR ANY PROPOSED CLASS SETTLEMENT. By Judge Alsup. (whalc3, COURT STAFF) (Filed on 7/12/2019)
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| Filing 21 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE UPON REASSIGNMENT: Joint Case Management Statement due by 9/5/2019. Initial Case Management Conference set for 9/12/2019 at 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/whaorders.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Filed on 7/9/2019) |
| Filing 20 *** FILED IN ERROR. PLEASE SEE DOCKET # 21 . *** CLERK'S NOTICE SCHEDULING CMC ON REASSIGNMENT: Case Management Statement due by 8/15/2019. Initial Case Management Conference set for 8/22/2019 11:00 AM in San Francisco, Courtroom 12, 19th Floor. Standing orders can be downloaded from the Court's web page at www.cand.uscourts.gov/whaorders. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlhS, COURT STAFF) (Filed on 7/9/2019) Modified on 7/9/2019 (tlhS, COURT STAFF). |
| Filing 19 NOTICE of Appearance by Michael McDonald Maddigan (Maddigan, Michael) (Filed on 7/8/2019) |
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Filing 18
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 7/8/19. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 7/8/2019)
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| Filing 17 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 7/8/2019) |
| Filing 16 Certificate of Interested Entities by United HealthCare Services, Inc., UnitedHealthcare Insurance Company identifying Corporate Parent UnitedHealth Group Incorporated for United HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Local Rule 3-15) (Skaar, David) (Filed on 7/5/2019) |
| Filing 15 Rule 7.1 Disclosures by United HealthCare Services, Inc., UnitedHealthcare Insurance Company identifying Corporate Parent UnitedHealth Group Incorporated for United HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Skaar, David) (Filed on 7/5/2019) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United HealthCare Services, Inc., UnitedHealthcare Insurance Company.. (Skaar, David) (Filed on 7/5/2019) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. by 7/5/2019 Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 6/21/2019) |
| Filing 12 JOINT STIPULATION to Extend Time to Respond to the #1 Complaint (Local Rule 6-1(a)) to July 22, 2019 filed by United HealthCare Services, Inc., UnitedHealthcare Insurance Company. (Skaar, David) (Filed on 6/19/2019) |
| Filing 11 CERTIFICATE OF SERVICE by Mary Caldwell OF SUMMONS, COMPLAINT, CIVIL COVER SHEET, CERTIFICATION AND NOTICE OF INTERESTED PARTIES, ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES on UNITEDHEALTHCARE INSURANCE COMPANY (Gianelli, Robert) (Filed on 6/7/2019) |
| Filing 10 CERTIFICATE OF SERVICE by Mary Caldwell OF SUMMONS, COMPLAINT, CIVIL COVER SHEET, CERTIFICATION AND NOTICE OF INTERESTED PARTIES, ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES on UNITED HEALTHCARE SERVICES, INC. (Gianelli, Robert) (Filed on 6/7/2019) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mary Caldwell.. (Gianelli, Robert) (Filed on 6/5/2019) |
| Filing 8 Summons Issued as to Defendant United HealthCare Services, Inc.. (tnS, COURT STAFF) (Filed on 5/24/2019) |
| Filing 7 Summons Issued as to Defendant UnitedHealthcare Insurance Company. (tnS, COURT STAFF) (Filed on 5/24/2019) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 8/19/2019. Initial Case Management Conference set for 8/26/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 5/24/2019) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/6/2019. (ajsS, COURT STAFF) (Filed on 5/23/2019) |
| Filing 4 Proposed Summons. (Barrio, Adrian) (Filed on 5/23/2019) |
| Filing 3 Proposed Summons. (Barrio, Adrian) (Filed on 5/23/2019) |
| Filing 2 Certification and Notice of Interested Parties filed by Mary Caldwell (Barrio, Adrian) (Filed on 5/23/2019) |
| Filing 1 CLASS ACTION COMPLAINT for Benefits, Determination of Rights and Breach of Fiduciary Duty Under ERIS against All Defendants, (Filing Fee: $400.00, receipt number 0971-13376375). Filed by Mary Caldwell. (Attachments: #(1) Civil Cover Sheet)(Barrio, Adrian) (Filed on 5/23/2019) Modified on 5/24/2019 (tnS, COURT STAFF). |
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