S. et al v. Blue Shield of California et al
| Michael S. and M. S. |
| Blue Shield of California and Stanford University Blue Shield Healthcare & Savings Plan, The |
| 5:2024cv01994 |
| April 2, 2024 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
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| Filing 43 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/26/2024. Initial Case Management Conference set for 7/3/2024 10:00 AM in San Jose, - Telephonic Only. (krp, COURT STAFF) (Filed on 4/2/2024) |
| Filing 42 Case transferred in from District of Utah; Case Number 2:22-cv-00382. Original file certified copy of transfer order and docket sheet received. |
Filing 41
ORDER granting in part #30 Defendant's Motion to Dismiss or Transfer: The Court denies the request to dismiss because the Court enjoys jurisdiction over this matter, but the Court grants Defendants' request to transfer venue to a more convenient forum. IT IS HEREBY ORDERED AS FOLLOWS: The Clerk of the Court is directed to transfer this action to the United District Court for the Northern District of California. Consistent with the Tenth Circuit's comments in Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1517 (10th Cir. 1991), the Court directs the Clerk of Court to defer the electronic transfer of the case for 10 business days after the date of this order. Signed by Judge Jill N. Parrish on 3/11/24. (dle)
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| Filing 40 RECEIVED Magistrate Availability Form from Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The after due date. (mh) |
| Filing 39 RECEIVED Magistrate Availability Form from Plaintiffs M. S., Michael S.. (mh) |
| Filing 38 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The, Plaintiffs M. S., Michael S.. (Notice generated by Clerk's Office) Form due by 12/12/2023. (mh) |
| Filing 37 Consistent with General Order 23-011 and DUCivR 83-2, Case Reassigned to Judge Jill N. Parrish. Judge Bruce S. Jenkins no longer assigned to the case. Case number will now read 2:22cv00382 JNP. Please make changes to document captions accordingly. (jrj) |
| Filing 36 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 1/23/2023 re #30 MOTION to Dismiss Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- filed by Blue Shield of California, The Stanford University Blue Shield Healthcare & Savings Plan. All parties appeared in person. After hearing oral argument from counsel, the court took the matter under advisement. Court adjourned. Attorney for Plaintiff: Samuel Martin Hall, Attorney for Defendant: Misty A. Murray and Clint R. Hansen. Court Reporter: Kelly Hicken.(lwh) (kpf) Modified to add text and image on 2/9/2023 (kpf). |
| Filing 35 REPLY to Response to Motion re #30 MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Saving Plan's Reply ISO Motion to Dismiss or, Alternatively, to Transfer the Action Pursuant to 28 U.S.C. section 1404(a)--- filed by Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The. (Murray, Misty) |
| Filing 34 NOTICE OF HEARING ON MOTION re: #30 Defendants' MOTION to Dismiss or Transfer: Motion Hearing set for 1/23/2023 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
| Filing 33 Plaintiff's MEMORANDUM in Opposition re #30 MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- filed by Plaintiffs M. S., Michael S.. (Attachments: #1 Exhibit A: Declaration of Michael S.)(King, Brian) |
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Filing 32
ORDER granting #31 Motion for Extension of Time to File Response/Reply re #30 MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- Responses due by 11/11/2022. Replies due by 11/29/2022. Signed by Judge Bruce S. Jenkins on 11/09/2022. (kpf)
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| Filing 31 Stipulated MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- filed by Plaintiffs M. S., Michael S.. (Attachments: #1 Text of Proposed Order)(King, Brian) |
| Filing 30 MOTION to Dismiss and Memorandum in Support Defendants Blue Shield of California and Stanford University Blue Shield Healthcare + Savings Plan's Motion to Dismiss or to Transfer Action (U.S.C. section 1404(a)) --- filed by Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The. (Attachments: #1 Declaration of Leslie Crawford ISO BSC-Stanford University's Motion to Dismiss-Transfer Action w_Exh. 1, #2 Declaration of Misty A. Murray ISO BSC-Stanford University's Motion to Dismiss-Transfer Action w-Exhs 2-4, #3 Declaration of Neal Evans ISO BSC-Stanford University's Motion to Dismiss or Transfer Action)(Murray, Misty) |
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Filing 29
ORDER granting #28 Motion for Extension of Time to Answer/Respond. Answer deadline updated for Blue Shield of California. Answer due 10/11/2022; Stanford University Blue Shield Healthcare & Savings Plan, The answer due 10/11/2022. Signed by Judge Bruce S. Jenkins on 10/05/2022. (kpf)
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| Filing 28 Joint MOTION for Extension of Time --- for both Defendants to respond/to file an answer to the Complaint from 10/4/22 to 10/11/22 --- filed by Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The. (Attachments: #1 Text of Proposed Order)(Murray, Misty) Modified to change event type on 10/5/2022 (kpf). |
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Filing 27
ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Karen T. Tsui for Blue Shield of California,Karen T. Tsui for Stanford University Blue Shield Healthcare & Savings Plan, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Bruce S. Jenkins on 09/22/2022. (kpf)
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Filing 26
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Misty A. Murray for Blue Shield of California,Misty A. Murray for Stanford University Blue Shield Healthcare & Savings Plan, The.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Bruce S. Jenkins on 09/22/2022. (kpf)
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| Filing 25 MOTION for Admission Pro Hac Vice of Karen T. Tsui , Registration fee $ 250, receipt number AUTDC-4453467,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Blue Shield of California. (Attachments: #1 Text of Proposed Order)(Petersen, Scott) |
| Filing 24 MOTION for Admission Pro Hac Vice of Misty A. Murray , Registration fee $ 250, receipt number AUTDC-4453463,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Blue Shield of California. (Attachments: #1 Text of Proposed Order)(Petersen, Scott) |
| Filing 23 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Bruce S. Jenkins. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) |
| Filing 22 RECEIVED Consent/Reassignment Form from Plaintiffs M. S., Michael S.. (alf) |
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Filing 21
ORDER granting #16 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Blue Shield of California and The Stanford University Blue Shield Healthcare & Savings Plan to 10/4/2022. Signed by Magistrate Judge Dustin B. Pead on 9/12/2022. (alf)
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| Filing 20 RECEIVED Consent/Reassignment Form from Defendants Blue Shield of California, The Stanford University Blue Shield Healthcare & Savings Plan. (alf) |
| Filing 19 Modification of Docket re #16 MOTION for Amended Scheduling Order: Error: The document was filed using the wrong event type. Filer chose "Motion for Amended Scheduling Order". Document is a "Motion for Extension of Time to File Answer". Correction: Event type corrected, docket text modified to correct filing. No further action is needed. (alf) |
| Filing 18 NOTICE OF ADR, e-mailed or mailed to Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The, Plaintiffs M. S., Michael S.. (alf) |
| Filing 17 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return #the form on this link To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not file the Consent Form in the case.Notice e-mailed or mailed to Defendants Blue Shield of California, Stanford University Blue Shield Healthcare & Savings Plan, The, Plaintiffs M. S., Michael S.. Form due by 10/3/2022. (alf) |
| Filing 16 Joint MOTION for Extension of Time to File Answer Amended Scheduling Order and Memorandum in Support filed by Defendant Stanford University Blue Shield Healthcare & Savings Plan, The. (Attachments: #1 Text of Proposed Order)(Petersen, Scott) Modified on 9/12/2022 - wrong event type used. Corrected event type and docket text (alf). |
| Filing 15 NOTICE of Appearance by Scott M. Petersen on behalf of Stanford University Blue Shield Healthcare & Savings Plan, The (Petersen, Scott) |
| Filing 14 NOTICE of Appearance by Clint R. Hansen on behalf of Stanford University Blue Shield Healthcare & Savings Plan, The (Hansen, Clint) |
| Filing 13 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Neal Evans, for Defendant The Stanford University Blue Shield Healthcare & Savings Plan. (alf) |
| Filing 12 WAIVER OF SERVICE Returned Executed filed by Michael S., M. S. as to Stanford University Blue Shield Healthcare & Savings Plan, The Waiver sent on 7/22/2022, answer due 9/20/2022. (King, Brian) |
| Filing 11 WAIVER OF SERVICE Returned Executed filed by Michael S., M. S. as to Blue Shield of California Waiver sent on 6/23/2022, answer due 9/20/2022. (King, Brian) |
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Filing 10
ORDER granting #7 Motion for Extension of Time to file Attorney Planning Meeting Report and proposed Scheduling Order. Due 14 days after both defendants haveanswered the Complaint, or if any Defendant files a motion in lieu of an answer then the deadlineshall be 14 days after resolution of the motion(s). Signed by Magistrate Judge Dustin B. Pead on 8/15/22. (alf)
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Filing 9
ORDER granting #6 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Blue Shield of California to 9/20/2022. Signed by Magistrate Judge Dustin B. Pead on 8/15/22. (alf)
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| Filing 8 Modification of Docket re #7 MOTION for Amended Scheduling Order: Error: The document should have been filed using the event "Motion for Extension of Time". Motion for Amended Scheduling Order is not appropriate as a Scheduling Order has not been entered in this case. Correction: Event type corrected, docket text modified to correct filing. No further action is needed. (alf) |
| Filing 7 Joint MOTION for Extension of Time Amended Scheduling Order and Memorandum in Support filed by Defendant Blue Shield of California. (Attachments: #1 Text of Proposed Order)(Hansen, Clint) Modified on 8/15/2022 to correct event type(alf). |
| Filing 6 Joint MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendant Blue Shield of California. (Attachments: #1 Text of Proposed Order)(Hansen, Clint) |
| Filing 5 NOTICE of Appearance by Clint R. Hansen on behalf of Blue Shield of California (Hansen, Clint) |
| Filing 4 NOTICE of Appearance by Scott M. Petersen on behalf of Blue Shield of California (Petersen, Scott) |
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 6/8/2022. (alf)
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| Filing 2 COMPLAINT against Blue Shield of California, Stanford University Blue Shield Healthcare + Savings Plan, The (Filing fee $ 402, receipt number AUTDC-4355954) filed by Michael S., M. S.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (King, Brian) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs M. S., Michael S. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (ks) |
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