Doucette v. UnitedHealthcare Insurance Company et al
| Michelle Doucette |
| UnitedHealthcare Insurance Company and Kaiser Permanente Insurance Company |
| 1:2022cv00364 |
| February 9, 2022 |
| US District Court for the District of Colorado |
| William J Martinez |
| Scott T Varholak |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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| Filing 53 Civil Case Terminated pursuant to the Stipulation to Dismiss with Prejudice #52 filed in this case on 6/2/2023. Text Only Entry. (trvo, ) |
| Filing 52 STIPULATION of Dismissal of Case by Defendant Kaiser Permanente Insurance Company. (Drew, Michael) |
| Filing 51 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #50 Notice of Change of Address/Contact Information filed by attorney Michael S. Drew. Counsel has properly informed the court and all case participants of a change in contact information. With the exception of secondary email addresses, however, all changes in contact information must be effectuated through each counsel's NextGen Pacer account. The Court can no longer change contact information locally. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage My Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, ) |
| Filing 50 NOTICE of Change of Address/Contact Information by Michael S. Drew (Drew, Michael) |
Filing 49
Pursuant to the parties' #46 Joint Status Report, the parties shall file dismissal papers or a report regarding the status of settlement on or before June 2, 2023. It is FURTHER ORDERED that the Final Pretrial Conference set for 11/8/2023 before Magistrate Judge Scott T. Varholak is VACATED. SO ORDERED, by Magistrate Judge Scott T. Varholak on 5/9/23. Text Only Entry (stvlc3, Andrew)
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| Filing 48 Joint STATUS REPORT Pursuant to Court's Order (ECF 47) by Defendant Kaiser Permanente Insurance Company. (Drew, Michael) |
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Filing 47
MINUTE ORDER: Pursuant to the parties' #46 Joint Status Report and Notice of Settlement, this matter is STAYED and the parties shall file dismissal papers or a report regarding the status of settlement on or before May 12, 2023. SO ORDERED, by Magistrate Judge Scott T. Varholak on 4/11/23. Text Only Entry (stvlc3, Andrew)
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| Filing 46 Joint STATUS REPORT and Notice of Settlement by Plaintiff Michelle Doucette. (Bulger, Thomas) |
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Filing 45
ORDER granting Plaintiff's Renewed Unopposed Motion for Extension of Time to Respond to Defendants' Motions for Summary Judgment #44 . Plaintiff is granted leave, for good cause shown, to file said Responses on or before April 25, 2023. SO ORDERED by Judge William J. Martinez on 4/5/2023. Text Only Entry(wjmsec, )
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment, #37 MOTION for Summary Judgment (Renewed) by Plaintiff Michelle Doucette. (Attachments: #1 Proposed Order (PDF Only) proposed Order)(Bulger, Thomas) |
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Filing 43
ORDER denying Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motions for Summary Judgment #41 . Plaintiff's Motion is DENIED without prejudice to refiling given Plaintiff's counsel's failure to serve a copy of the Motion on his client, as required by D.C.COLO.LCivR 6.1(c) and WJM Revised Practice Standard II.D.2. The Court requires that the certificate of service specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 3/31/2023. Text Only Entry(wjmsec, )
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Filing 42
ORDER granting #38 Defendant UHC's Unopposed Motion to Restrict. The Clerk of the Court is directed to maintain Dkt. No. 34 under Restriction Level 1. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/31/23. Text Only Entry(stvlc3, Andrew)
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| Filing 41 Unopposed MOTION for Extension of Time to Respond to Defendants Motions for Summary Judgment by Plaintiff Michelle Doucette. (Attachments: #1 Proposed Order (PDF Only) proposed Order)(Bulger, Thomas) |
| Filing 40 RESPONSE to #38 MOTION for Leave to Restrict filed by Plaintiff Michelle Doucette. (Bulger, Thomas) |
| Filing 39 MEMORANDUM regarding #38 MOTION for Leave to Restrict filed by UnitedHealthcare Insurance Company. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 3/29/2023. Text Only Entry (wjmsec, ) |
| Filing 38 MOTION for Leave to Restrict by Defendant UnitedHealthcare Insurance Company. (Sugden, Ryan) |
| Filing 37 MOTION for Summary Judgment by Defendant Kaiser Permanente Insurance Company. (Attachments: #1 Exhibit Exhibit 1-Affidavit of Monica Licerio, #2 Exhibit Exhibit 2-CU Health Plan Explanation of Benefits, #3 Exhibit Exhibit 3-Plaintiffs Verified Answer to Defendant Kaiser's First Set of Written Discovery to Plaintiff, #4 Exhibit Exhibit 4-Provider Appeal, #5 Exhibit Exhibit 5-United Claim Notes, #6 Exhibit Exhibit 6-EOB's)(Drew, Michael) |
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Filing 36
MINUTE ORDER: This matter is before the Court sua sponte. The parties are advised that, pursuant to D.C.COLO.LCivR 7.2(e), "[i]f a document is filed as a restricted document without an accompanying motion to restrict, it shall retain the restriction selected by the filer for 14 days. If no motion to restrict is filed within such time period, the restriction shall expire and the document shall be open to public inspection." Any motion to restrict #34 Defendant's Motion for Summary Judgment shall conform to the requirements of D.C.COLO.LCivR 7.2(c), including an explanation of why no alternative to restriction of the entire Motion and all of its exhibits is practicable or why only restriction will adequately protect the interest in question (e.g., redaction, summarization, restricted access to exhibits or portions of exhibits). SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/17/23. Text Only Entry (stvlc3, Andrew)
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| Filing 35 MOTION for Summary Judgment by Defendant UnitedHealthcare Insurance Company. (Public entry for Restricted Document #34 ) (Text Only Entry) (trvo, ) |
| Filing 34 RESTRICTED DOCUMENT - Level 1: by Defendant UnitedHealthcare Insurance Company.. (Attachments: #1 Exhibit A - Excerpt from Certificate of Coverage, #2 Exhibit B - Kaiser's Responses to Requests for Admission, #3 Exhibit C - Excerpt from Kaiser Policy, #4 Exhibit D - Kaiser Denials, #5 Exhibit E - UHC Denial, #6 Exhibit F - Provider Appeal, #7 Exhibit G - UHC Payment, #8 Exhibit H - UHC Payment Reversal)(Sugden, Ryan) |
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Filing 33
PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 8 July 2022. (cmadr, )
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Filing 32
MEMORANDUM regarding #31 Stipulated MOTION for Protective Order filed by UnitedHealthcare Insurance Company. Motions referred to Magistrate Judge Scott T. Varholak by Judge William J. Martinez on 7/5/2022. Text Only Entry (wjmsec, )
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| Filing 31 Stipulated MOTION for Protective Order by Defendant UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1 - Protective Order)(Sugden, Ryan) |
| Filing 30 NOTICE of Entry of Appearance of Kadee J. Anderson by Kadee J. Anderson on behalf of UnitedHealthcare Insurance CompanyAttorney Kadee J. Anderson added to party UnitedHealthcare Insurance Company(pty:dft) (Anderson, Kadee) |
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Filing 29
SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 4/27/2022. (morti, )
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| Filing 28 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 4/27/2022. Discovery due by 4/3/2023. Dispositive Motions due by 8/31/2023. Final Pretrial Conference set for 11/8/2023 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. FTR: 402. (morti, ) |
| Filing 27 Proposed Scheduling Order by Defendant UnitedHealthcare Insurance Company. (Sugden, Ryan) |
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Filing 26
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2021 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 4 /10/2022. Text Only Entry (wjmsec, )
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Filing 25
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 4/10/2022. Text Only Entry (wjmsec, )
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| Filing 23 CASE REASSIGNED pursuant to #21 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Judge William J. Martinez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 22-cv-00364-WJM. (Text Only Entry) (cmadr, ) |
| Filing 22 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #20 Answer to Complaint filed by attorney Michael S. Drew. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (cmadr, ) |
| Filing 21 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Michelle Doucette All parties do not consent.. (Bulger, Thomas) |
| Filing 24 DISREGARD - Duplicate entry. See ECF No. 22 . ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #20 Answer to Complaint filed by attorney Michael S. Drew. The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (trvo, ) Modified on 4/8/2022 to note duplicate entry (trvo, ). |
| Filing 20 ANSWER to #4 Complaint by Kaiser Permanente Insurance Company.(Drew, Michael) |
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Filing 19
ORDER granting #18 Defendant Kaiser Permanente Insurance Company's Motion for Extension of Time to Respond to #4 Plaintiff's Complaint and Jury Demand until 4/5/2022. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/22/2022. Text Only Entry(stvlc1, )
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| Filing 18 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #4 Complaint by Defendant Kaiser Permanente Insurance Company. (Drew, Michael) |
| Filing 17 NOTICE of Entry of Appearance by William Neal Hollington on behalf of Kaiser Permanente Insurance CompanyAttorney William Neal Hollington added to party Kaiser Permanente Insurance Company(pty:dft) (Hollington, William) |
| Filing 16 NOTICE of Entry of Appearance by Michael S. Drew on behalf of Kaiser Permanente Insurance CompanyAttorney Michael S. Drew added to party Kaiser Permanente Insurance Company(pty:dft) (Drew, Michael) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent UnitedHealth Group Incorporated for UnitedHealthcare Insurance Company. (Sugden, Ryan) |
| Filing 14 ANSWER to #4 Complaint by UnitedHealthcare Insurance Company.(Sugden, Ryan) |
| Filing 13 NOTICE of Entry of Appearance by Ryan Matthew Sugden on behalf of UnitedHealthcare Insurance Company (Sugden, Ryan) |
| Filing 12 AFFIDAVIT of Service of Notice of Removal upon Kaiser Permanente Insurance Company on 02/15/2022 by Defendant UnitedHealthcare Insurance Company. (Sugden, Ryan) |
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Filing 11
ORDER SETTING DEADLINE FOR FILING ELECTION CONCERNING CONSENT/NON-CONSENT TO MAGISTRATE JURISDICTION FORM AND SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 15 February 2022. Consent Form due by 4/13/2022. Proposed Scheduling Order due 4/20/2022. Scheduling Conference set for 4/27/2022 09:45 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (cmadr, )
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| Filing 10 NOTICE of Entry of Appearance by Thomas A. Bulger on behalf of Michelle DoucetteAttorney Thomas A. Bulger added to party Michelle Doucette(pty:pla) (Bulger, Thomas) |
| Filing 9 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) |
| Filing 8 STATE COURT ORDER - Order Granting Plaintiff's Unopposed Motion for Extension of Time to File for Default Re: DefendantKaiser Permanente Insurance Company. Granted on 1/26/2022 by Denver County District Court Judge Marie Avery Moses. (norlin, ) |
| Filing 7 STATE COURT ORDER - Order Granting Unopposed Motion for Three Week Extension of Time to Answer or Otherwise Respond. Granted on 1/24/2022 by Denver County District Court Judge Marie Avery Moses. (norlin, ) |
| Filing 6 AFFIDAVIT of Service of Summons, District CV Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Jury Demand, Complaint and Jury Demand upon UnitedHealthcare Insurance Company on 12/22/2021 (norlin, ) |
| Filing 5 AFFIDAVIT of Service of Summons, District CV Cover Sheet for Initial Pleading of Complaint, Counterclaim, Cross-Claim or Third Party Complaint and Jury Demand, Complaint and Jury Demand upon Kaiser Permanente Insurance Company on 12/23/2021 (norlin, ) Modified on 2/10/2022 to correct docket text(norlin, ). |
| Filing 4 COMPLAINT and JURY TRIAL Demand against Kaiser Permanente Insurance Company, UnitedHealthcare Insurance Company, filed by Michelle Doucette.(norlin, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (norlin, ) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
| Filing 1 NOTICE OF REMOVAL by UnitedHealthcare Insurance Company from Denver County - District, Case Number 2021CV034005. (Filing fee $ 402, Receipt Number ACODC-8310645), filed by UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit Service Documents, #2 Exhibit Complaint and Jury Trial Demand, #3 Exhibit District Court Civil Case Cover Sheet, #4 Exhibit Delay Reduction Order, #5 Exhibit Order Re Discovery Protocol, #6 Exhibit Pre-Trial Order, #7 Exhibit Affidavit of Service, #8 Exhibit Affidavit of Service, #9 Exhibit Summons, #10 Exhibit Notice of Entry of Appearance, #11 Exhibit Unopposed Motion for Three-Week Extension of Time to Answer or Otherwise Respond, #12 Exhibit Proposed Order re Unopposed Motion for Three-Week Extension of Time to Answer or Otherwise Respond, #13 Exhibit Order Granting Unopposed Motion for Three Week Extension of Time to Answer or Otherwise Respond, #14 Exhibit Plaintiffs Unopposed Motion for Extension of Time to File for Default Re Defendant Kaiser Permanente Insurance Company, #15 Exhibit Proposed Order re Unopposed Motion for Extension of Time to File for Default Re Defendant Kaiser Permanente Insurance Company, #16 Exhibit Order Granting Plaintiff's Unopposed Motion for Extension of Time to File for Default Re Defendant Kaiser Permanente Insurance Company, #17 Exhibit Plaintiffs Status Report, #18 Exhibit Affidavit of Service, #19 Exhibit Register of Actions)(Sugden, Ryan) |
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