J. v. Rocky Mountain Hospital and Medical Services, Inc. et al
| Rodney J. |
| Rocky Mountain Hospital and Medical Services, Inc. doing business as Anthem Blue Cross and Blue Shield, Alterra Mountain Company U.S. Inc. and Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan |
| 1:2025cv03192 |
| October 10, 2025 |
| U.S. District Court for the District of Colorado |
| Kathryn A Starnella |
| Nina Y Wang |
| Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on April 6, 2026. A more recent docket listing may be available from PACER.
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| Filing 39 CERTIFICATE of Use of Generative Artificial Intelligence for Drafting re: #35 Partial MOTION to Dismiss for Failure to State a Claim Joint Partial Motion to Dismiss Count IV of Plaintiff's Complaint by Defendants Alterra Mountain Company U.S. Inc., Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, Rocky Mountain Hospital and Medical Services, Inc.. (Marcusson, Taylor) |
Filing 38
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 4/6/26. Pursuant to the entry of #37 Scheduling Order, the Scheduling Conference set for 4/7/2026 is hereby VACATED by Magistrate Judge Kathryn A. Starnella on 4/6/2026. Text Only Entry (kmyha)
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Filing 37
SCHEDULING ORDER: Discovery due by 12/1/2026. January 4, 2027, Defendant submits copy of the administrative record to the Court. January 4, 2027, Plaintiff's opening brief on the merits. February 4, 2027, Defendant's cross-motion and opposition brief on the merits. February 25, 2027, Plaintiff's reply brief on the merits. March 19, 2027, Defendant's reply brief on the merits. By Magistrate Judge Kathryn A. Starnella on 4/6/2026. (kmyha, )
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Filing 36
MINUTE ORDER: This matter is before the Court on Defendants' #35 Joint Partial Motion to Dismiss Count IV of Plaintiff's Complaint. The #35 is not compliant with the Court's Standing Order Regarding the Use of Generative Artificial Intelligence ("AI") in Court Filings (the "Standing Order"). Defendants do not need to refile the Motion, but no later than April 7, 2026 shall file a supplemental AI Certification, signed by all counsel whose signatures appear on the #35 Motion, that complies with the Court's Standing Order. The Parties are advised that future failures to include an AI Certification may result in the filing being stricken without substantive consideration. By Judge Nina Y. Wang on 4/3/2026. Text Only Entry (nywlc10, )
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| Filing 35 Partial MOTION to Dismiss for Failure to State a Claim Joint Partial Motion to Dismiss Count IV of Plaintiff's Complaint by Defendants Alterra Mountain Company U.S. Inc., Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, Rocky Mountain Hospital and Medical Services, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Hanson, Rebecca) |
| Filing 34 ANSWER to #1 Complaint, and Defenses by Rocky Mountain Hospital and Medical Services, Inc..(Hanson, Rebecca) |
| Filing 33 ANSWER to #1 Complaint, Answer and Defenses Attorney Rebecca R. Hanson added to party Alterra Mountain Company U.S. Inc.(pty:dft) by Alterra Mountain Company U.S. Inc., Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan.(Hanson, Rebecca) |
| Filing 32 Proposed Scheduling Order Civil Case Scheduling Order in an ERISA Action by Defendants Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, Rocky Mountain Hospital and Medical Services, Inc.. (Marcusson, Taylor) |
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Filing 31
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 2 April 2026. This matter is before the Court sua sponte. On February 27, 2026, the Court reset the Scheduling Conference in this matter to April 7, 2026, at 11:00 a.m. Minute Order [#24 ]. The Court also directed the parties to file their proposed Scheduling Order no later than March 31, 2026. Id. To date, the parties have failed to do so. IT IS HEREBY ORDERED that the parties shall file their proposed Scheduling Order no later than Friday, April 3, 2026, by 12:00 p.m. The parties are strongly admonished to follow Court-imposed deadlines in the future. (anewt,)
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Filing 30
ORDER REFERRING CASE: This case is referred to Magistrate Judge Kathryn A. Starnella for non-dispositive matters. 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 D.C.COLO.LCivR 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the request of the Parties by motion, this Court may direct the Parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. Alternatively, the Magistrate Judge, at her discretion, may 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. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 4/1/2026. Text Only Entry (nywlc10, )
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Filing 29
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 1 April 2026.This matter is before the Court on the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#28 ] (the "Consent/Non-Consent Form"). This case was assigned to a United States Magistrate Judge pursuant to D.C.COLO.LCivR 40.1(c). The signed Consent/Non-Consent Form [#28 ] indicates that at least one party has declined to consent. Accordingly, IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Kathryn A. Starnella for all further proceedings). (anewt,)
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| Filing 28 CONSENT to Jurisdiction of Magistrate Judge by Defendants Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, HMO Colorado, Inc., Rocky Mountain Hospital and Medical Services, Inc. All parties do not consent.. (Marcusson, Taylor) |
| Filing 27 Party HMO Colorado, Inc. (an independent licensee of the Blue Cross and Blue Shield Association) terminated pursuant to #26 MINUTE ORDER. Text Only Entry. (anewt,) |
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Filing 26
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on March 31 2026. This matter is before the Court on Plaintiff's Notice of Voluntary Dismissal Without Prejudice Against HMO Colorado, Inc., an Independent Licensee of the Blue Cross Blue Shield Association [#25 ] (the "Notice"), filed pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which permits voluntarily dismissal of an action "without a court order by filing:... a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Because Plaintiff filed the Notice [#25 ] before HMO Colorado, Inc. filed an answer or summary judgment motion, the Clerk of Court is directed to terminate Defendant HMO Colorado, Inc. as a defendant in this action pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). (anewt,)
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| Filing 25 NOTICE of Voluntary Dismissal of Party HMO Colorado, Inc., an Independent Licensee of the Blue Cross and Blue Shield Association Without Prejudice by Plaintiff Rodney J. (Mejia, John) |
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Filing 24
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 27 February 2026. This matter is before the Court on Defendants Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, Rocky Mountain Hospital and Medical Services, Inc., and HMO Colorado, Inc.'s Unopposed Motion for an Extension and Motion for Alterra to File Out of Time [#22 ] (the "Motion"). IT IS HEREBY ORDERED that the Motion [#22 ] is GRANTED. Defendants shall file an answer or otherwise respond to Plaintiffs Complaint no later than April 3, 2026. IT IS FURTHER ORDERED that the Scheduling Conference set for March 25, 2026, at 11:30 a.m. is VACATED and RESET to April 7, 2026, at 11:00 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. IT IS FURTHER ORDERED that, no later than March 31, 2026, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing ("ECF") Procedures. IT IS FURTHER ORDERED that the deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction [#3 ] is extended to March 24, 2026. (amona,)
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| Filing 23 NOTICE of Entry of Appearance by Rebecca R. Hanson on behalf of HMO Colorado, Inc., Rocky Mountain Hospital and Medical Services, Inc.Attorney Rebecca R. Hanson added to party HMO Colorado, Inc.(pty:dft), Attorney Rebecca R. Hanson added to party Rocky Mountain Hospital and Medical Services, Inc.(pty:dft) (Hanson, Rebecca) |
| Filing 22 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, , Unopposed MOTION for Leave to to File Out of Time #1 Complaint, by Defendants Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, HMO Colorado, Inc., Rocky Mountain Hospital and Medical Services, Inc.. (Attachments: #1 Proposed Order (PDF Only) Proposed Order)(Marcusson, Taylor) |
| Filing 21 NOTICE of Entry of Appearance by Taylor Alexandra Marcusson on behalf of Alterra Mountain Company U.S. Inc. Premier HRA PPO PlanAttorney Taylor Alexandra Marcusson added to party Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan(pty:dft) (Marcusson, Taylor) |
| Filing 20 NOTICE of Entry of Appearance by Rebecca R. Hanson on behalf of Alterra Mountain Company U.S. Inc. Premier HRA PPO PlanAttorney Rebecca R. Hanson added to party Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan(pty:dft) (Hanson, Rebecca) |
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Filing 19
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 30 January 2026. IT IS HEREBY ORDERED that the Motion #18 is GRANTED. Defendants shall file an answer to Plaintiffs complaint or otherwise respond no later than March 2, 2026.(cmadr, )
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| Filing 18 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint, by Defendants HMO Colorado, Inc., Rocky Mountain Hospital and Medical Services, Inc.. (Marcusson, Taylor) |
| Filing 17 NOTICE of Entry of Appearance by Taylor Alexandra Marcusson on behalf of HMO Colorado, Inc., Rocky Mountain Hospital and Medical Services, Inc.Attorney Taylor Alexandra Marcusson added to party HMO Colorado, Inc.(pty:dft), Attorney Taylor Alexandra Marcusson added to party Rocky Mountain Hospital and Medical Services, Inc.(pty:dft) (Marcusson, Taylor) |
| Filing 16 SUMMONS Returned Executed by Rodney J.. Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan served on 12/23/2025, answer due 1/13/2026. (Mejia, John) |
| Filing 15 SUMMONS Returned Executed by Rodney J.. Alterra Mountain Company U.S. Inc. served on 12/23/2025, answer due 1/13/2026. (Mejia, John) |
| Filing 14 SUMMONS issued by Clerk re: #12 & #13 Summons Request. (ggill, ) |
| Filing 13 SUMMONS REQUEST as to Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan by Plaintiff Rodney J.. (Mejia, John) |
| Filing 12 SUMMONS REQUEST as to Alterra Mountain Company U.S. Inc. by Plaintiff Rodney J.. (Mejia, John) |
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Filing 11
MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 22 December 2025. IT IS HEREBY ORDERED that the Motion #9 is GRANTED. The Scheduling Conference set for January 12, 2026, at 10:30 a.m. is VACATED and RESET to March 25, 2026, at 11:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294.IT IS FURTHER ORDERED that, no later than March 18, 2026, the parties shall submit their proposed scheduling order, pursuant to District of Colorado Electronic Case Filing Procedures.IT IS FURTHER ORDERED that the deadline to file the Election Concerning Consent/Non-Consent to United States Magistrate Judge Jurisdiction #3 is extended to March 11, 2026.(cmadr, )
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| Filing 10 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: [7, 8] Summonses request, filed by attorney John Michael Mejia, the documents have the incomplete case caption and will not be issued. Action to Take - REFILE THE DOCUMENT - The summons must list all defendants- "et al." cannot substitute the listing of all parties named in the case Per Fed Civ. Rule 4. (Text Only Entry) (sphil, ) |
| Filing 9 Unopposed MOTION for Extension of Time to Reschedule the Scheduling Conference by Plaintiff Rodney J.. (Attachments: #1 Proposed Order (PDF Only) Granting Plaintiffs Unopposed Motion to Reschedule the Scheduling Conference)(Mejia, John) |
| Filing 8 SUMMONS REQUEST as to Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan by Plaintiff Rodney J.. (Mejia, John) |
| Filing 7 SUMMONS REQUEST as to Alterra Mountain Company U.S. Inc. by Plaintiff Rodney J.. (Mejia, John) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Rodney J.. HMO Colorado, Inc. waiver sent on 12/1/2025, answer due 1/30/2026. (Mejia, John) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Rodney J.. Rocky Mountain Hospital and Medical Services, Inc. waiver sent on 12/1/2025, answer due 1/30/2026. (Mejia, John) |
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Filing 4
ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 3 November 2025. Proposed Scheduling Order due1/5/2026 Scheduling Conference set for 1/12/2026 10:30 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. by Magistrate Judge Kathryn A. Starnella on 3 November 2025. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
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| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons submitted; no summons issued. Completed summons may be filed for issuance using the event "Summons Request". (echa, ) |
| Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) |
| Filing 1 COMPLAINT against Alterra Mountain Company U.S. Inc., Alterra Mountain Company U.S. Inc. Premier HRA PPO Plan, HMO Colorado, Inc., an independent licensee of the Blue Cross and Blue Shield Association, Rocky Mountain Hospital and Medical Services, Inc. dba Anthem Blue Cross and Blue Shield (Filing fee $ 405,Receipt Number ACODC-10604419)Attorney John Michael Mejia added to party Rodney J.(pty:pla), filed by Rodney J.. (Attachments: #1 Civil Cover Sheet)(Mejia, John) |
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