Devers v. Carpenters Health and Welfare Trust Fund for California et al
| Jessica A. Devers |
| Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California and Express Scripts |
| 4:2020cv02834 |
| April 24, 2020 |
| US District Court for the Northern District of California |
| Kandis A Westmore |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on April 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 51 NOTICE of Voluntary Dismissal Stipulation of Dismissal pursuant to FRCP 41(a)(1)(A)(ii) by Jessica A. Devers (Creitz, Joseph) (Filed on 4/13/2021) |
| Filing 50 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Settlement conference held by videoconference on March 15, 2021. Case settled in full. (Not Reported)(Time 3:30)Attorney for Plaintiff: Joseph Creitz.Attorney for Defendant Carpenters: Michael Korda.Attorney for Defendant Express Script: Brian J Hembd. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 3/15/2021) |
| Filing 49 ERRATA re #47 Answer to Amended Complaint by Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California. (Korda, Michael) (Filed on 2/8/2021) |
| Filing 48 ANSWER to Amended Complaint #46 AMENDED COMPLAINT - Plaintiff's First Supplemental Amended Complaint by Express Scripts, and Jessica A. Devers. (Hembd, Brian) (Filed on 2/5/2021) Modified on 2/8/2021 (bnsS, COURT STAFF). |
| Filing 47 Answer to Amended Complaint #46 Amended Complaint byCarpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California. (Korda, Michael) (Filed on 2/4/2021) |
| Filing 46 Plaintiff's First Supplemental Amended Complaint against All Defendants. Filed byJessica A. Devers. (Creitz, Joseph) (Filed on 1/22/2021) Modified on 1/25/2021 (bnsS, COURT STAFF). |
Filing 45
ORDER by Judge Kandis A. Westmore granting in part and denying in part #44 Stipulation to File Amended Complaint and Reset the Cross-Motions for Summary Judgment. Amended Pleadings due by 1/22/2021. Cross-Motions for Summary Judgment due by 4/13/2021. Oppositions to Cross-Motions for Summary Judgment due by 5/4/2021. Bench Trial set for 9/30/2021 at 09:00 AM before Magistrate Judge Kandis A. Westmore. Pretrial Conference set for 9/15/2021 at 02:00 PM before Magistrate Judge Kandis A. Westmore. (kawlc2S, COURT STAFF) (Filed on 1/12/2021)
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| Filing 44 STIPULATION WITH PROPOSED ORDER (1) ALLOWING PLAINTIFF TO FILE A SUPPLEMENTAL FIRST AMENDED COMPLAINT, AND (2) RESETTING THE DATES FOR THE FILING OF, AND HEARING ON, CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California, Jessica A. Devers, and Express Scripts. (Attachments: #1 Declaration)(Korda, Michael) (Filed on 1/11/2021) Modified on 1/12/2021 (bnsS, COURT STAFF). |
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Filing 43
NOTICE AND ORDER REGARDING VIDEO SETTLEMENT CONFERENCE. Signed by Magistrate Judge Jacqueline Scott Corley on 1/5/2021. Settlement Conference set for 3/15/2021 at 10:30 a.m. by videoconference. (ahm, COURT STAFF) (Filed on 1/5/2021)
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| Filing 42 Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Telephone Conference held on 1/5/2021. The Court to issue Settlement Conference Order. (Not Reported)(Time 00:10)Attorney for Plaintiff: Joseph Creitz.Attorney for Defendant Carpenters: Michael Korda.Attorney for Defendant Express Script: Brian J Hembd. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 1/5/2021) |
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Filing 40
ORDER re Pro Hac Vice Status. Signed by Judge Kandis A. Westmore on 12/10/2020. (kawlc2S, COURT STAFF) (Filed on 12/10/2020)
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| Filing 39 CLERK'S NOTICE SETTING TELEPHONIC SCHEDULING CONFERENCE. Telephone Conference set for January 5, 2021 at 9:00 a.m. before Magistrate Judge Jacqueline Scott Corley. This proceeding will be held by AT&T Conference Line. All counsel, please use the following dial-in information below to access the conference line: Dial In: 1-866-590-5055Access Code: 8423161 (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 12/10/2020) |
| Filing 41 Minute Entry for proceedings held before Judge Kandis A. Westmore: Further Case Management Conference held on 12/8/2020. CASE REFERRED to Magistrate Judge for Settlement Conference. ***Correction of docket #38 .*** Court Reporter: Marla Knox. (kcS, COURT STAFF) (Date Filed: 12/8/2020) |
| CASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 12/8/2020) |
| Filing 38 ***DISREGARD, ENTERED IN ERROR. SEE DOCKET #41 FOR CORRECTED ENTRY***Minute Entry for proceedings held before Judge Kandis A. Westmore: Further Case Management Conference held on 12/8/2020. CASE REFERRED to Magistrate Judge for Settlement Conference. Court Reporter: Marla Knox. (kcS, COURT STAFF) (Date Filed: 12/8/2020) Modified on 12/29/2020 (kcS, COURT STAFF). |
| Filing 37 CLERKS NOTICE SETTING ZOOM HEARING. Further Case Management Conference set for 12/8/2020 01:30 PM. This proceeding will be held via a Zoom webinar. Audio-only participation not permitted.Webinar Access: All counsel, parties, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/kaw Court Appearances: Advanced notice is required of counsel or parties wh o wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the courtroom deputy at kawcrd@cand.uscourts.gov no later than December 7, 2020 at 2:00pm PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. T here is no document associated with this entry.) (dtmS, COURT STAFF) (Filed on 12/7/2020) |
| Filing 36 NOTICE by Express Scripts of Withdrawal as Counsel for Defendant Express Scripts (Juvinall, Kate) (Filed on 12/3/2020) |
| Filing 35 JOINT CASE MANAGEMENT STATEMENT filed by Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California, Jessica A. Devers, and Express Scripts. (Korda, Michael) (Filed on 12/1/2020) Modified on 12/2/2020 (bnsS, COURT STAFF). |
| Filing 34 NOTICE of Change of Address by Brian J Hembd (Hembd, Brian) (Filed on 11/13/2020) |
| Filing 33 Answer to Amended Complaint #30 Amended Complaint byCarpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California. (Korda, Michael) (Filed on 10/20/2020) |
| Filing 32 ANSWER to Amended Complaint byExpress Scripts. (Baris, Melissa) (Filed on 10/20/2020) |
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Filing 31
CASE MANAGEMENT AND PRETRIAL ORDER FOR BENCH TRIAL. Signed by Judge Kandis A. Westmore on 10/7/2020. (amgS, COURT STAFF) (Filed on 10/7/2020)
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| Filing 30 AMENDED COMPLAINT - First Amended Complaint for violations of ERISA against All Defendants. Filed byJessica A. Devers. (Creitz, Joseph) (Filed on 9/29/2020) |
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Filing 29
ORDER by Magistrate Judge Kandis A. Westmore Granting #28 Stipulation (1) Allowing Plaintiff Additional Time to Filer Her First Amended Complaint and (2) Allowing Defendants Additional Time to Respond. Amended Pleadings due by 9/30/2020.(amgS, COURT STAFF) (Filed on 9/29/2020)
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| Filing 28 STIPULATION WITH PROPOSED ORDER to Enlarge Schedule for Filing Amended Complaint, and Responding Threreto filed by Jessica A. Devers. (Attachments: #1 Declaration of Joseph A Creitz in support of Stipulation, #2 Exhibit A to Creitz Declaration)(Creitz, Joseph) (Filed on 9/28/2020) Modified on 9/29/2020 (bnsS, COURT STAFF). |
| Filing 27 Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 9/15/2020. Case referred to mediation. Amended Pleadings due by 9/22/2020. Case Management Statement due by 12/1/2020. Dispositive Motions due by 1/19/2021. Responses due by 2/9/2021. Bench Trial (1 day) set for 6/21/2021 09:30 AM. Further Case Management Conference set for 12/8/2020 01:30 PM. Dispositive Motions Hearing set for 3/18/2021 01:30 PM. Pretrial Conference set for 6/9/2021 02:00 PM. Court Reporter: Diane Skillman. (dtmS, COURT STAFF) (Date Filed: 9/15/2020) |
| Filing 26 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 9/15/2020 01:30 PM. This proceeding will be held via a Zoom webinar. Audio-only participation is not permitted. Please set first and last name on Zoom so you are recognizable.Webinar Access: All counsel, parties, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associa ted with this entry.) (dtmS, COURT STAFF) (Filed on 9/11/2020) |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT and [proposed] Order filed by Jessica A. Devers, Carpenters Health and Welfare Trust Fund of California, Carpenter Funds Administrative Office of Northern California, Inc., and Express Scripts. (Creitz, Joseph) (Filed on 9/8/2020) Modified on 9/9/2020 (bnsS, COURT STAFF). |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendant Express Scripts, Inc. (Baris, Melissa) (Filed on 8/25/2020) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Defendants, Carpenter Funds Administrative Office of Northern California, Inc. and Carpenters Health and Welfare Trust Fund for California (Korda, Michael) (Filed on 8/25/2020) |
| Filing 22 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options - Plaintiff's Certification (Creitz, Joseph) (Filed on 8/24/2020) |
| Filing 21 Corporate Disclosure Statement by Express Scripts identifying Corporate Parent CIGNA Corporation, Other Affiliate Express Scripts Holding Company for Express Scripts. (Baris, Melissa) (Filed on 8/17/2020) |
| Filing 20 Certificate of Interested Entities by Express Scripts (Baris, Melissa) (Filed on 8/17/2020) |
| Filing 19 ANSWER to Complaint byExpress Scripts. (Baris, Melissa) (Filed on 8/17/2020) |
| Filing 18 NOTICE of Appearance by Melissa Z Baris for Defendant Express Scripts, Inc. (Baris, Melissa) (Filed on 8/17/2020) |
| Filing 17 NOTICE of Appearance by Brian J Hembd for Defendant Express Scripts, Inc. (Hembd, Brian) (Filed on 8/17/2020) |
| Filing 16 ANSWER to Complaint byCarpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California. (Korda, Michael) (Filed on 8/17/2020) |
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Filing 15
Order by Magistrate Judge Kandis A. Westmore granting #14 Motion for Pro Hac Vice by Melissa Baris.(dtmS, COURT STAFF) (Filed on 7/30/2020)
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| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14748680.) filed by Express Scripts. (Attachments: #1 Certificate of Good Standing, #2 Declaration)(Baris, Melissa) (Filed on 7/29/2020) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Express Scripts.. (Juvinall, Kate) (Filed on 7/23/2020) |
| Filing 12 Certificate of Interested Entities by Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California (Korda, Michael) (Filed on 7/22/2020) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California.. (Korda, Michael) (Filed on 7/22/2020) |
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Filing 10
Order by Magistrate Judge Kandis A. Westmore granting #9 Stipulation Enlarging Time to Respond and Continuing Initial Case Management Conference. Case Management Statement due by 9/8/2020. Initial Case Management Conference set for 9/15/2020 01:30 PM.(dtmS, COURT STAFF) (Filed on 7/17/2020)
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| Filing 9 STIPULATION WITH PROPOSED ORDER re Service, Responsive Pleading Deadline, and to continue initial Case Management Conference and related deadlines filed by Jessica A. Devers, Express Scripts, Carpenter Funds Administrative Office of Northern California, Inc., and Carpenters Health and Welfare Trust Fund for California. (Attachments: #1 Declaration Declaration of Joseph A. Creitz in support of Stipulation and [proposed] Order)(Creitz, Joseph) (Filed on 7/9/2020) Modified on 7/10/2020 (jjbS, COURT STAFF). |
| Filing 8 Summons Issued as to Carpenter Funds Administrative Office of Northern California, Inc., Carpenters Health and Welfare Trust Fund for California, Express Scripts. (jjbS, COURT STAFF) (Filed on 4/24/2020) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/21/2020. Initial Case Management Conference set for 7/28/2020 01:30 PM. (jjbS, COURT STAFF) (Filed on 4/24/2020) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jessica A. Devers.. (Creitz, Joseph) (Filed on 4/24/2020) |
| Filing 5 Proposed Summons. (Creitz, Joseph) (Filed on 4/24/2020) |
| Filing 4 Proposed Summons. (Creitz, Joseph) (Filed on 4/24/2020) |
| Filing 3 Proposed Summons. (Creitz, Joseph) (Filed on 4/24/2020) |
| Filing 2 Case assigned to Magistrate Judge Kandis A. Westmore. 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 5/8/2020. (bwS, COURT STAFF) (Filed on 4/24/2020) |
| Filing 1 COMPLAINT FOR BENEFITS AND DOCUMENT PENALTIES UNDER ERISA 1132(a) and 1132(c) against All Defendants ( Filing fee $ 400, receipt number 0971-14406349.). Filed byJessica A. Devers. (Attachments: #1 Civil Cover Sheet Civil Case Cover Sheet)(Creitz, Joseph) (Filed on 4/24/2020) |
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