Fayeulle et al v. Cigna Corporation et al
Barbara Fayeulle, Carol A. Lietz and Matthew Gentrup |
American Specialty Health Incorporated, Cigna Health and Life Insurance Company, Cigna Corporation, Columbine Chiropractic Plan, LLC, American Specialty Health Group, Inc., Connecticut General Life Insurance Company and Columbine Chiropractic Plan, LLC doing business as Columbine Health Plan |
1:2015cv01581 |
July 24, 2015 |
US District Court for the District of Colorado |
Denver Office |
Boulder |
John L Kane |
Racketeer/Corrupt Organization |
18 U.S.C. § 1962 |
Plaintiff |
Docket Report
This docket was last retrieved on July 22, 2016. A more recent docket listing may be available from PACER.
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Filing 64 Interdistrict Transmittal of Documents via e-mail to the United States District Court for the Eastern District of Pennsylvania at InterdistrictTransfer_PAED@paed.uscourts.gov. Text Only Entry (emare, ) |
Filing 63 ORDER granting #62 Motion to Change Venue. The Clerk of the Court shall transfer this case to the United States District Court for the Eastern District of Pennsylvania to be associated with American Chiropractic Association, et al. v. Connecticut General Life Insurance Co., et al., 12-cv- 7243 (E.D. Pa.). Signed by Judge John L. Kane on 07/21/2016.(athom, ) |
Filing 62 Joint MOTION to Change Venue by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Haskel, Warren) |
Filing 61 ORDER granting #60 Motion for Extension of Time to Answer or Otherwise Respond to the Amended Complaint. Defendants shall file their respective responses to Plaintiff's complaint on or before July 22, 2016. Signed by Judge John L. Kane on 07/12/16.(jhawk, ) |
Filing 60 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #36 Amended Complaint, by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Attachments: #1 Proposed Order (PDF Only))(Haskel, Warren) |
Filing 59 Memorandum Opinion and Order on Motions to Dismiss. For the reasons given above, Defendants Motions to Dismiss (Docs. #46 , #48 , & #49 ) are GRANTED IN PART and DENIED IN PART as discussed herein. In light of the filing of the SAC, the earlier motions to dismiss filed by Cigna and Columbine (Docs. #28 & #31 ) are DENIED AS MOOT. In particular, Counts I, II & III are dismissed in their entirety. Plaintiffs Fayeulle and Gentrup and Defendant Columbine are dismissed as parties to this action. Plaintiff Lietz may pursue a ERISA claim for benefits under 502(a)(1)(B) against the remaining Defendants (Count IV). Signed by Judge John L. Kane on 06/29/16.(jhawk, ) |
Filing 58 REPLY to Response to #49 MOTION to Dismiss Second Amended Complaint filed by Defendant Columbine Chiropractic Plan, LLC. (Chipman, David) |
Filing 57 DECLARATION of David H. Venable Sr. regarding Reply to Response to Motion #54 by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 56 DECLARATION of Tara M. Lenaburg regarding Reply to Response to Motion #54 by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 55 DECLARATION of Susan L. Lawson regarding Reply to Response to Motion #54 by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 54 REPLY to Response to #46 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 53 REPLY to Response to #48 MOTION to Dismiss Second Amended Class Action Complaint and Joinder in Cigna's Motion to Dismiss filed by Defendants American Specialty Health Group, Inc., American Specialty Health Incorporated. (Mann, Elizabeth) |
Filing 52 BRIEF in Opposition to #48 MOTION to Dismiss Second Amended Class Action Complaint and Joinder in Cigna's Motion to Dismiss, #49 MOTION to Dismiss Second Amended Complaint filed by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz. (Knott, Jason) |
Filing 51 BRIEF in Opposition to #46 MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz. (Knott, Jason) |
Filing 50 CORPORATE DISCLOSURE STATEMENT. (Seese, Eric) |
Filing 49 MOTION to Dismiss Second Amended Complaint by Defendant Columbine Chiropractic Plan, LLC. (Chipman, David) |
Filing 48 MOTION to Dismiss Second Amended Class Action Complaint and Joinder in Cigna's Motion to Dismiss by Defendants American Specialty Health Group, Inc., American Specialty Health Incorporated. (Mann, Elizabeth) |
Filing 47 DECLARATION of Carrie J. Bodner regarding MOTION to Dismiss Plaintiffs' Second Amended Complaint #46 by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Haskel, Warren) |
Filing 46 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 45 NOTICE of Entry of Appearance by Andrew Z. Edelstein on behalf of American Specialty Health Group, Inc., American Specialty Health IncorporatedAttorney Andrew Z. Edelstein added to party American Specialty Health Group, Inc.(pty:dft), Attorney Andrew Z. Edelstein added to party American Specialty Health Incorporated(pty:dft) (Attachments: #1 Exhibit)(Edelstein, Andrew) |
Filing 44 NOTICE of Entry of Appearance by Elizabeth D. Mann on behalf of American Specialty Health Group, Inc., American Specialty Health IncorporatedAttorney Elizabeth D. Mann added to party American Specialty Health Group, Inc.(pty:dft), Attorney Elizabeth D. Mann added to party American Specialty Health Incorporated(pty:dft) (Attachments: #1 Exhibit)(Mann, Elizabeth) |
Filing 43 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent American Specialty Health Incorporated for American Specialty Health Group, Inc.. (DeMeola, Zachariah) |
Filing 42 NOTICE of Entry of Appearance by Zachariah J. DeMeola on behalf of American Specialty Health Group, Inc., American Specialty Health IncorporatedAttorney Zachariah J. DeMeola added to party American Specialty Health Group, Inc.(pty:dft), Attorney Zachariah J. DeMeola added to party American Specialty Health Incorporated(pty:dft) (DeMeola, Zachariah) |
Filing 41 SUMMONS Returned Executed by Carol A. Lietz, Matthew Gentrup, Barbara Fayeulle. American Specialty Health Incorporated served on 11/4/2015, answer due 11/25/2015. (Knott, Jason) |
Filing 40 SUMMONS Returned Executed by Carol A. Lietz, Matthew Gentrup, Barbara Fayeulle. American Specialty Health Group, Inc. served on 11/6/2015, answer due 11/27/2015. (Knott, Jason) |
Filing 39 MINUTE ORDER. The parties' Joint Motion for Entry of a Briefing Schedule #38 is GRANTED. Defendants shall have up to and including Thursday, January 14, 2016, to answer or otherwise respond to Plaintiff's Second Amended Complaint (Doc. 36). Should any Defendant file a motion to dismiss, Plaintiffs opposition(s) shall be due on or before Thursday, February 25, 2016, and any replies by Defendants shall be due on or before Monday, March 28, 2016. Entered by Judge John L. Kane on 11/10/15. Text Only Entry(jhawk, ) |
Filing 38 Joint MOTION for Extension of Time to File Answer or Otherwise Respond re #36 Amended Complaint, and Stipulation to Filing of Second Amended Complaint, by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz. (Knott, Jason) |
Filing 37 NOTICE of Filing Amended Pleading re #36 Amended Complaint, by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz (Attachments: #1 Exhibit 1)(Knott, Jason) |
Filing 36 AMENDED COMPLAINT (Second) against American Specialty Health Group, Inc., American Specialty Health Incorporated, Cigna Corporation, Cigna Health and Life Insurance Company, Columbine Chiropractic Plan, LLC, Connecticut General Life Insurance Company, filed by Carol A. Lietz, Matthew Gentrup, Barbara Fayeulle.(Knott, Jason) |
Filing 35 BRIEF in Opposition to #31 MOTION to Dismiss for Failure to State a Claim , #28 MOTION to Dismiss Plaintiffs' Complaint filed by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz. (Knott, Jason) |
Filing 34 SUMMONS issued by Clerk. (Attachments: #1 Summons) (jhawk, ) |
Filing 33 NOTICE of Filing Amended Pleading re #32 Amended Complaint,, by Plaintiffs Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz (Attachments: #1 Exhibit 1)(Knott, Jason) |
Filing 32 AMENDED COMPLAINT against Cigna Corporation, Cigna Health and Life Insurance Company, Columbine Chiropractic Plan, LLC, Connecticut General Life Insurance Company, American Specialty Health Incorporated, American Specialty Health Group, Inc. Attorney Jason Matthew Knott added to party Carol A. Lietz(pty:pla), filed by Barbara Fayeulle, Matthew Gentrup, Carol A. Lietz. (Attachments: #1 Summons American Specialty Health Incorporated, #2 Summons American Specialty Health Group, Inc.)(Knott, Jason) |
Filing 31 MOTION to Dismiss for Failure to State a Claim by Defendant Columbine Chiropractic Plan, LLC. (Chipman, David) |
Filing 30 NOTICE OF CASE ASSOCIATION by Warren Haskel on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company (Haskel, Warren) |
Filing 29 DECLARATION of Carrie J. Bodner regarding MOTION to Dismiss Plaintiffs' Complaint #28 by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Haskel, Warren) |
Filing 28 MOTION to Dismiss Plaintiffs' Complaint by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (Haskel, Warren) |
Filing 27 MINUTE ORDER GRANTING Motion to Withdraw as Attorneys of Record #26 . Given that representation of the Cigna Defendants will continue through attorneys from Kirkland & Ellis, LLP, and Arnold & Porter, LLP, Attorneys Lelia Kathleen Chaney and Jerad A. West are authorized to WITHDRAW as counsel. Mr. West and Ms. Chaney SHALL be REMOVED from future electronic notifications in this case. Entered by Judge John L. Kane on 09/29/15. Text Only Entry(jhawk, ) |
Filing 26 MOTION to Withdraw as Attorney of Record by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (West, Jerad) |
Filing 25 NOTICE of Entry of Appearance by Edwin Packard Aro on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Edwin Packard Aro added to party Cigna Corporation(pty:dft), Attorney Edwin Packard Aro added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Edwin Packard Aro added to party Connecticut General Life Insurance Company(pty:dft) (Aro, Edwin) |
Filing 24 MINUTE ORDER. The Court, having reviewed the Motion to Withdraw as Attorneys of Record #23 , GRANTS the Motion. Given that representation of Defendant Columbine Chiropractic Plan, LLC, will continue through Messrs. Chipman and Seese, Attorneys Richard B. Benenson and Kerry Jean LeMonte are authorized to WITHDRAW as counsel. Attorney Richard B. Benenson and Attorney Kerry Jean LeMonte SHALL be REMOVED from future electronic notifications in this case. Entered by Judge John L. Kane on 09/18/15. Text Only Entry(jhawk, ) |
Filing 23 MOTION to Withdraw as Attorney of Record by Defendant Columbine Chiropractic Plan, LLC. (Benenson, Richard) |
Filing 22 NOTICE of Entry of Appearance by David S. Chipman on behalf of Columbine Chiropractic Plan, LLC (Chipman, David) |
Filing 21 NOTICE of Entry of Appearance by Eric Job Seese on behalf of Columbine Chiropractic Plan, LLCAttorney Eric Job Seese added to party Columbine Chiropractic Plan, LLC(pty:dft) (Seese, Eric) |
Filing 20 NOTICE of Entry of Appearance and Substitution of Counsel by David S. Chipman on behalf of Columbine Chiropractic Plan, LLCAttorney David S. Chipman added to party Columbine Chiropractic Plan, LLC(pty:dft) (Chipman, David) Modified on 9/16/2015 ATTORNEY NOTIFIED TO FILE AS MOTION TO WITHDRAW AND ENTRY OF APPEARANCE (jhawk, ). |
Filing 19 NOTICE of Entry of Appearance by D. Brian Hufford on behalf of All Plaintiffs Attorney D. Brian Hufford added to party Barbara Fayeulle(pty:pla), Attorney D. Brian Hufford added to party Matthew Gentrup(pty:pla) (Hufford, D.) |
Filing 18 NOTICE of Entry of Appearance of Kerry LeMonte by Kerry Jean LeMonte on behalf of Columbine Chiropractic Plan, LLCAttorney Kerry Jean LeMonte added to party Columbine Chiropractic Plan, LLC(pty:dft) (LeMonte, Kerry) |
Filing 17 NOTICE of Entry of Appearance of Richard B. Benenson by Richard B. Benenson on behalf of Columbine Chiropractic Plan, LLCAttorney Richard B. Benenson added to party Columbine Chiropractic Plan, LLC(pty:dft) (Benenson, Richard) |
Filing 16 NOTICE of Entry of Appearance by Jason S. Cowart on behalf of All Plaintiffs Attorney Jason S. Cowart added to party Barbara Fayeulle(pty:pla), Attorney Jason S. Cowart added to party Matthew Gentrup(pty:pla) (Cowart, Jason) |
Filing 15 NOTICE of Entry of Appearance by Carrie Jean Bodner on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Carrie Jean Bodner added to party Cigna Corporation(pty:dft), Attorney Carrie Jean Bodner added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Carrie Jean Bodner added to party Connecticut General Life Insurance Company(pty:dft) (Bodner, Carrie) |
Filing 14 SUMMONS Returned Executed by Barbara Fayeulle, Matthew Gentrup. Connecticut General Life Insurance Company served on 7/29/2015, answer due 10/5/2015. (Knott, Jason) |
Filing 13 SUMMONS Returned Executed by Barbara Fayeulle, Matthew Gentrup. Columbine Chiropractic Plan, LLC served on 7/30/2015, answer due 10/5/2015. (Knott, Jason) |
Filing 12 SUMMONS Returned Executed by Barbara Fayeulle, Matthew Gentrup. Cigna Health and Life Insurance Company served on 7/29/2015, answer due 10/5/2015. (Knott, Jason) |
Filing 11 SUMMONS Returned Executed by All Plaintiffs. Cigna Corporation served on 7/29/2015, answer due 10/5/2015. (Knott, Jason) |
Filing 10 ORDER Granting #6 the parties Joint Motion for Extension of Time to Answer or Otherwise Respond re #1 Complaint, Cigna Corporation answer due 10/5/2015; Cigna Health and Life Insurance Company answer due 10/5/2015; Columbine Chiropractic Plan, LLC answer due 10/5/2015; Connecticut General Life Insurance Company answer due 10/5/2015. Should any Defendant file a motion to dismiss, the Plaintiffs opposition(s) shall be due on or before Monday, November 9, 2015. Any replies by Defendants in support of any motions to dismiss shall be due on or before Tuesday, December 8, 2015, by Judge John L. Kane on 8/14/2015.(evana, ) |
Filing 9 NOTICE of Entry of Appearance by Joshua Simon on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Joshua Simon added to party Cigna Corporation(pty:dft), Attorney Joshua Simon added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Joshua Simon added to party Connecticut General Life Insurance Company(pty:dft) (Simon, Joshua) |
Filing 8 NOTICE of Entry of Appearance by Warren Haskel on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Warren Haskel added to party Cigna Corporation(pty:dft), Attorney Warren Haskel added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Warren Haskel added to party Connecticut General Life Insurance Company(pty:dft) (Haskel, Warren) |
Filing 7 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cigna Corporation for Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (West, Jerad) |
Filing 6 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendants Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance Company. (West, Jerad) |
Filing 5 NOTICE of Entry of Appearance by Jerad A. West on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Jerad A. West added to party Cigna Corporation(pty:dft), Attorney Jerad A. West added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Jerad A. West added to party Connecticut General Life Insurance Company(pty:dft) (West, Jerad) |
NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: JARED WEST has failed to comply with D.C.COLO.LCivR5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Criminal Cases) which mandate that the s/ signature must match the filers name on the account for which the login and password are registered. Failure in the future to follow these procedures may lead to mandatory CM/ECF training, or action by the court. #4 Attorney has not signed the document or used his login. (Text Only Entry) (evana, ) |
Filing 4 NOTICE of Entry of Appearance of L. Kathleen Chaney and Jerad A. West by Lelia Kathleen Chaney on behalf of Cigna Corporation, Cigna Health and Life Insurance Company, Connecticut General Life Insurance CompanyAttorney Lelia Kathleen Chaney added to party Cigna Corporation(pty:dft), Attorney Lelia Kathleen Chaney added to party Cigna Health and Life Insurance Company(pty:dft), Attorney Lelia Kathleen Chaney added to party Connecticut General Life Insurance Company(pty:dft) (Chaney, Lelia) |
Filing 3 SUMMONS issued by Clerk. Magistrate Judge Consent form issued pursuant to Local Rule (Attachments: #1 Magistrate Judge Consent Form) (sphil, ) |
Filing 2 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry (sphil, ) |
Filing 1 COMPLAINT against Cigna Corporation, Cigna Health and Life Insurance Company, Columbine Chiropractic Plan, LLC, Connecticut General Life Insurance Company (Filing fee $ 400,Receipt Number 1082-4521361)Attorney Jason Matthew Knott added to party Barbara Fayeulle(pty:pla), Attorney Jason Matthew Knott added to party Matthew Gentrup(pty:pla), filed by Barbara Fayeulle, Matthew Gentrup. (Attachments: #1 Summons Cigna Corp., #2 Summons Connecticut General Life Ins. Co., #3 Summons CIGNA Health & Life Ins. Co., #4 Summons Columbine Chiropractic Plan, LLC, #5 Civil Cover Sheet)(Knott, Jason) |
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