Otero v. Cigna Health and Life Insurance Company et al
| Robert Otero |
| Cigna Health and Life Insurance Company, eviCore Healthcare MSI, LLC, Harold Allen, John W. McDonough and Bassem Georgy |
| 1:2022cv03298 |
| December 22, 2022 |
| US District Court for the District of Colorado |
| Daniel D Domenico |
| Gordon P Gallagher |
| N Reid Neureiter |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER granting #32 Motion for Extension of Time to File re #32 Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26) with responses now due no later than 2/28/2023. by Magistrate Judge Gordon P. Gallagher on 2/16/23. Text Only Entry(GPG)
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Filing 34
ORDER REFERRING MOTION: #32 Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26) filed by eviCore Healthcare MSI, LLC, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, Harold Allen. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Daniel D. Domenico on 2/15/2023. Text Only Entry (dddlc5, )
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Filing 33
CONSENT to Jurisdiction of Magistrate Judge by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC All parties do not consent.. (Barker, Nathaniel)
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Filing 32
Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26) by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC. (Barker, Nathaniel)
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Filing 31
ORDER granting #29 Motion for Extension of Time to File re #29 Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26). Defendants are GRANTED up to and including February 21, 2023, for Defendants to file replies in support of their Motions to Dismiss (ECF Nos. 22 and 24) and to respond to Plaintiff's Motion to Remand (ECF No. 26). by Magistrate Judge Gordon P. Gallagher on 2/13/23. Text Only Entry(GPG)
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Filing 30
ORDER REFERRING MOTION: #29 Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26) filed by eviCore Healthcare MSI, LLC, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, Harold Allen. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Daniel D. Domenico on 2/13/2023. Text Only Entry (dddlc5, )
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Filing 29
Unopposed MOTION for Extension of Time to Reply in Support of Motions to Dismiss (ECF Nos. 22 and 24) and to Respond to Plaintiff's Motion to Remand (ECF No. 26) by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC. (Barker, Nathaniel)
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Filing 28
RESPONSE to #24 Partial MOTION to Dismiss Plaintiff's Fifth and Sixth Claims for Relief filed by Plaintiff Robert Otero. (Attachments: #1 Exhibit Slip Opinion)(Alger, Christopher)
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Filing 27
RESPONSE to #22 Partial MOTION to Dismiss Plaintiff's Fourth Claim for Relief filed by Plaintiff Robert Otero. (Alger, Christopher)
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Filing 26
MOTION to Remand to State Court by Plaintiff Robert Otero. (Attachments: #1 Exhibit Letter, 11-06-2020, #2 Exhibit Slip opinion)(Alger, Christopher)
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Filing 25
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: #23 Answer to Complaint, #22 Partial MOTION to Dismiss Plaintiff's Fourth Claim for Relief, #24 Partial MOTION to Dismiss Plaintiff's Fifth and Sixth Claims for Relief filed by attorney Mitchell Allan Reid. The format for the attorney's signature block is not correct. DO NOT REFILE THE DOCUMENTS. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(d) of the Electronic Case Filing Procedures (Civil Cases). (Text Only Entry) (athom, )
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Filing 24
Partial MOTION to Dismiss Plaintiff's Fifth and Sixth Claims for Relief by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC. (Reid, Mitchell)
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Filing 23
Defendant Cigna Health and Life Insurance Company's ANSWER to #6 Complaint and Jury Demand by Cigna Health and Life Insurance Company.(Reid, Mitchell)
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Filing 22
Partial MOTION to Dismiss Plaintiff's Fourth Claim for Relief by Defendant Cigna Health and Life Insurance Company. (Reid, Mitchell)
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Filing 21
ORDER granting #16 Motion for Extension of Time to File re #16 Unopposed MOTION for Extension of Time to File Answers or Other Responses to Plaintiff's Complaint until 1/16/2023. by Magistrate Judge Gordon P. Gallagher on 1/4/23. Text Only Entry(GPG)
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Filing 20
ORDER: Due to the re-assignment, Scheduling Conference which had been set for 4/12/2023 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter is hereby VACATED. Scheduling Conference, which shall be telephonic, hereby re-set for 3/8/2023 at 11:30 AM in Room 323 (Grand Junction) before Magistrate Judge Gordon P. Gallagher. Proposed Scheduling Order due one week prior. At the time of the hearing, parties shall call 888-363-4749, access 3136546#. by Magistrate Judge Gordon P. Gallagher on January 4, 2023. Text Only Entry (gpgsec, )
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Filing 19
NOTICE of Filing of State Court Docket Sheet by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC (Attachments: #1 State Court Docket Sheet)(Barker, Nathaniel)
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Filing 18
ORDER REFERRING MOTION: #16 Unopposed Motion for Extension of Time to File Answers or Other Responses to Plaintiff's Complaint filed by eviCore Healthcare MSI, LLC, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, Harold Allen. Motion referred to Magistrate Judge Gordon P. Gallagher by Judge Daniel D. Domenico on 1/3/2023. Text Only Entry (dddlc1, )
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Filing 17
ORDER. This matter has its factual nexus in Eagle County. According to the Court's Revised Jury Plan for Random Jury Selection, this case is therefore properly designated for Jury Division 3. Because the jury will be drawn from that Division, it is appropriate that the case be managed, for pretrial purposes, by Magistrate Judge Gallagher in Grand Junction. Accordingly, pursuant to Local Civil Rule 40.1(a), and as approved by the Chief Judge of the Court, the undersigned directs that the Clerk of the Court reassign this action to Magistrate Judge Gallagher as the referral judge. All further pleadings in this case must reflect the case number of 1:22-cv-03298-DDD-GPG. SO ORDERED by Judge Daniel D. Domenico on 1/3/2023. Text Only Entry (dddlc1, )
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Filing 16
Unopposed MOTION for Extension of Time to File Answers or Other Responses to Plaintiff's Complaint by Defendants Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC. (Barker, Nathaniel)
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Filing 15
NOTICE of Entry of Appearance by Christopher R. Alger on behalf of Robert OteroAttorney Christopher R. Alger added to party Robert Otero(pty:pla) (Alger, Christopher)
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Filing 14
CERTIFICATE of Service by Mail by Clerk of Court re #13 ORDER SETTING SCHEDULING/PLANNING CONFERENCE, to Brian A. Murphy and Christopher Alger, The Murphy Law Firm, LLC, 10465 Melody Dr., Suite 323, Northglenn, CO 80234. Text Only Entry (csarr, )
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Filing 13
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge N. Reid Neureiter on December 23, 2022. Proposed Scheduling Order due 4/5/2023 Scheduling Conference set for 4/12/2023 10:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. (csarr, )
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Filing 12
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Daniel D. Domenico on 12/22/2022. Text Only Entry. (rkeec)
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Filing 11
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). (tgall, )
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Filing 10
AFFIDAVIT of Service of Summons, Complaint, and Cover sheet upon Cigna Health and Life Insurance Company on 12/15/2022. (tgall, )
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Filing 9
AFFIDAVIT of Service of Cover Sheet, Complaint, Summons (John McDonough MD) upon John McDonough on 12/05/2022. (tgall, )
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Filing 8
AFFIDAVIT of Service of Cover Sheet, Complaint, Summons (Cigna Health and Life Insurance) upon Cigna Health and Life Insurance Company on 11/28/2022. (tgall, )
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Filing 7
AFFIDAVIT of Service of Cover sheet, Complaint, Summons (Bassem Georgy MD) upon Bassem Georgy on 11/26/2022. (tgall, )
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Filing 6
COMPLAINT AND JURY DEMAND against Harold Allen, Cigna Health and Life Insurance Company, Bassem Georgy, John W. McDonough, eviCore Healthcare MSI, LLC, filed by Robert Otero.(tgall, )
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Filing 5
Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge N. Reid Neureiter. Text Only Entry. (tgall, )
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Filing 4
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). (tgall, )
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Filing 3
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Cigna Health and Life Insurance Company, Corporate Parent Cigna Holdings Inc, Corporate Parent Connecticut General Life Insurance Company, Corporate Parent Connecticut General Corporation for Cigna Health and Life Insurance Company. (Reid, Mitchell)
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Filing 2
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Evicore Healthcare MSI LLC, Corporate Parent Evernorth Health Inc, Corporate Parent Cigna Corporation for Bassem Georgy, M.D., Cigna Health and Life Insurance Company, Harold Allen, Jr., M.D., John W. McDonough, D.O., eviCore Healthcare MSI, LLC. (Reid, Mitchell)
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Filing 1
NOTICE OF REMOVAL by Bassem Georgy, M.D., Harold Allen, Jr., M.D., eviCore Healthcare MSI, LLC, Cigna Health and Life Insurance Company, John W. McDonough, D.O. from Eagle County District Court, Case Number 2022CV30213. (Filing fee $ 402, Receipt Number CCODC-8847171), filed by Bassem Georgy, M.D., Harold Allen, Jr., M.D., eviCore Healthcare MSI, LLC, Cigna Health and Life Insurance Company, John W. McDonough, D.O.. (Attachments: #1 Exhibit A - State Court - Notice of Filing of Notice of Removal, #2 Exhibit B - eviCore Operating Agreement, #3 State Court - Return of Service Defendant Bassem Georgy, MD, #4 State Court - Affidavit of Service Defendant Bassem Georgy, MD, #5 State Court - Return of Service Defendant Cigna Health and Life Insurance Company on 11-28-22, #6 State Court - Affidavit of Service Defendant Cigna Health and Life Insurance Company on 11-28-22, #7 State Court - Return of Service on Defendant John W. McDonough, D.O., #8 State Court - Affidavit of Service on Defendant John W. McDonough, D.O., #9 State Court - Return of Service Defendant Cigna Health and Life Insurance Company on 12-15-22, #10 State Court - Affidavit of Service Defendant Cigna Health and Life Insurance Company on 12-15-22, #11 State Court - Complaint and Jury Demand, #12 State Court - Civil Case Cover Sheet, #13 State Court - Order - Duty to Confer, #14 State Court - Delay Reduction Order, #15 State Court - Waiver and Acceptance of Service of Defendant Harold Allen, #16 State Court - Defendants' Unopposed Motion for Extensions of Time to File Answers or Other Responses to Plaintiff's Complaint, #17 Civil Cover Sheet)(Barker, Nathaniel)
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