Berton v. Aetna Inc. et al
| Mara Berton |
| Aetna Inc. and Aetna Life Insurance Company |
| 4:2023cv01849 |
| April 17, 2023 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Haywood S Gilliam |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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 33
ORDER CORRECTED #32 ORDER (as modified) GRANTING #28 STIPULATION to Extend Time to Respond to Complaint. Case Management Statement due by 8/1/2023; Initial Case Management Conference set for 8/8/2023 02:00 PM ; Motions due by 7/17/2023; Responses due by 8/21/2023; Replies due by 9/14/2023; Motion Hearing set for 9/28/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.The 8/8/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/All counsel, members of the public and press please use the following dial-in information below to access the conference line:Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III.NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 5/30/2023. (ndr, COURT STAFF) (Filed on 5/30/2023)
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Filing 32
ORDER (as modified) GRANTING #28 STIPULATION to Extend Time to Respond to Complaint. Case Management Statement due by 8/1/2023; Initial Case Management Conference set for 8/8/2023 02:00 PM ; Motions due by 7/7/2023; Responses due by 8/21/2023; Replies due by 9/14/2023; Motion Hearing set for 9/28/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. The 8/8/2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III.NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. Signed by Judge Haywood S. Gilliam, Jr. on 5/30/2023. (ndr, COURT STAFF) (Filed on 5/30/2023)
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Filing 31
Certificate of Interested Entities by Aetna Inc., Aetna Life Insurance Company Pursuant to Local Civil Rule 3-15 (Howard, Susannah) (Filed on 5/30/2023)
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Filing 30
Corporate Disclosure Statement by Aetna Inc., Aetna Life Insurance Company identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Aetna, Inc. for Aetna Life Insurance Company. (Howard, Susannah) (Filed on 5/30/2023)
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Filing 29
Corporate Disclosure Statement by Aetna Inc., Aetna Life Insurance Company identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Aetna Inc.. (Howard, Susannah) (Filed on 5/30/2023)
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Filing 28
STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to Complaint filed by Aetna Inc., Aetna Life Insurance Company. (Attachments: #1 Proposed Order)(Howard, Susannah) (Filed on 5/30/2023)
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Filing 27
SUMMONS Returned Executed by Mara Berton. All Defendants. (Chan, Connie) (Filed on 5/26/2023)
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#Electronic filing error. Incorrect event used. Re-file document as "Summons Returned Executed." [err101]Please re-file in its entirety. Re: #26 Certificate of Service filed by Mara Berton (wsn, COURT STAFF) (Filed on 5/26/2023)
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Filing 26
CERTIFICATE OF SERVICE by Mara Berton (Chan, Connie) (Filed on 5/24/2023)
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Filing 25
NOTICE of Appearance by Connie K Chan of Barbara J. Chisholm (Chan, Connie) (Filed on 5/24/2023)
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Filing 24
CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #23 . Your address on the application does not match the address listed on the docket. Either update your address on the docket or e-file a revised application (with attachments) with the correct address reflected on it. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 5/1/2023)
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Filing 23
Second MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-18183399.) Filing fee previously paid on 04/18/2023 filed by Mara Berton. (Attachments: #1 Exhibit Certificate of Good Standing)(Chandy, Sunu) (Filed on 4/28/2023)
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Filing 22
ORDER by Judge Haywood S. Gilliam, Jr. Granting #15 Motion for Pro Hac Vice for Twyman, Sudria. (ndr, COURT STAFF) (Filed on 4/25/2023)
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Filing 21
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for July 25, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by July 18TH. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-01849-HSG. The July 25th proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.),(ndr, COURT STAFF) (Filed on 4/25/2023)
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Filing 20
Case REASSIGNED to Judge Haywood S Gilliam, Jr. for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 4/24/2023 (bw, COURT STAFF) (Filed on 4/24/2023) M (bw, COURT STAFF).
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Filing 19
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 4/24/2023)
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Filing 18
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 a party has not consented to the jurisdiction of a Magistrate Judge. 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 WILL 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. (lmh, COURT STAFF) (Filed on 4/21/2023)
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Filing 17
NOTICE by Mara Berton of Pendency of Other Actions or Proceedings (Chan, Connie) (Filed on 4/21/2023)
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Filing 16
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mara Berton.. (Chan, Connie) (Filed on 4/21/2023)
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Filing 15
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18195428.) filed by Mara Berton. (Attachments: #1 Exhibit Certificate of Good Standing)(Twyman, Sudria) (Filed on 4/21/2023)
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Filing 14
ORDER GRANTING #10 Application for Admission of Attorney Michelle Banker Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/19/2023)
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Filing 13
ORDER GRANTING #9 Application for Admission of Attorney Noel Leon Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/19/2023)
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Filing 12
ORDER DENYING #8 Application for Admission of Attorney Sunu Chandy Pro Hac Vice. The Certificate of Good Standing must be dated no more than one year prior to the date of the application. Civil L.R. 11-3(a). Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/19/2023)
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Filing 11
ORDER GRANTING #7 Application for Admission of Attorney Alison Tanner Pro Hac Vice representing Plaintiff. Signed by Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 4/19/2023)
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Filing 10
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18185283.) filed by Mara Berton. (Attachments: #1 Exhibit Certificate of Good Standing)(Banker, Michelle) (Filed on 4/19/2023)
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Filing 9
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18183403.) filed by Mara Berton. (Attachments: #1 Certificate/Proof of Service Certificate of Good Standing)(Leon, Noel) (Filed on 4/18/2023)
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Filing 8
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number BCANDC-18183399.) filed by Mara Berton. (Attachments: #1 Exhibit Certificate of Good Standing)(Chandy, Sunu) (Filed on 4/18/2023)
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Filing 7
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18178824.) filed by Mara Berton. (Attachments: #1 Exhibit Certificate of Good Standing)(Tanner, Alison) (Filed on 4/17/2023)
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Filing 6
Certificate of Interested Entities by Mara Berton (Chan, Connie) (Filed on 4/17/2023)
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Filing 5
Summons Issued as to Aetna Inc., Aetna Life Insurance Company. (mcl, COURT STAFF) (Filed on 4/17/2023)
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/12/2023. Initial Case Management Conference set for 7/19/2023 10:00 AM. (mcl, COURT STAFF) (Filed on 4/17/2023)
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Filing 3
Proposed Summons. (Chan, Connie) (Filed on 4/17/2023)
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Filing 2
Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/1/2023. (mbc, COURT STAFF) (Filed on 4/17/2023)
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Filing 1
COMPLAINT against Aetna Inc., Aetna Life Insurance Company ( Filing fee $ 402, receipt number ACANDC-18176448.). Filed byMara Berton. (Attachments: #1 Civil Cover Sheet)(Chan, Connie) (Filed on 4/17/2023)
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