Aetna, Inc. Medical/Dental Benefit Plan et al v. Estate of Christine Eleazer et al
| Aetna, Inc. Medical/Dental Benefit Plan and CVS Health Welfare Benefit Plan |
| Donald J. Gorman, Jr., Estate of Christine Eleazer, Donald Joseph Gorman, Jr., Silver Golub & Teitell LLP and Sean K. McElligott |
| 3:2023cv01227 |
| September 19, 2023 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Robert A Richardson |
| Labor: E.R.I.S.A. |
| 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 October 20, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER. The Court's practice when advised that the parties have reached a settlement is to administratively close the case with leave for the parties to file a joint stipulation of dismissal or to move to re-open the case in a certain amount of time if they are not able to finalize the settlement. Accordingly, in light of the parties' notice that they have reached a settlement, the Clerk of Court shall close this case, and the parties shall file within 30 days a joint stipulation of dismissal or a motion to re-open. In light of the Court's closing of this case, the Court DENIES as moot the parties' motion to stay (Doc. #25 ). It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/20/2023. (Lewis, D)
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Filing 26
ORDER. The Court GRANTS the motion for extension of time to transfer funds (Doc. #24 ). It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/20/2023. (Lewis, D)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Lewis, D) |
| Filing 25 MOTION to Stay the Proceedings to Provide the parties time to Finalize Settlement by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan.Responses due by 11/8/2023 (Bender, Brian) |
| Filing 24 First MOTION for Extension of Time of ten additional days for Transfer of Funds 22 Order by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. (Bender, Brian) |
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Filing 23
ORDER to Transfer Funds Signed by Judge Jeffrey A. Meyer on 10/5/2023.(Lewis, D)
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Filing 22
ORDER. The Court APPROVES the parties' proposed stipulation/order (Doc. #21 ). It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/5/2023.(Lewis, D)
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| Filing 21 PROPOSED ORDER to Transfer Funds by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. (Bender, Brian) |
| Filing 20 NOTICE of Appearance by Sean K. McElligott on behalf of Silver Golub & Teitell LLP (McElligott, Sean) |
| Filing 19 NOTICE of Appearance by Sean K. McElligott on behalf of Donald J. Gorman, Jr (McElligott, Sean) |
| Filing 18 NOTICE of Voluntary Dismissal of Defendant Sean K. McElligott, Esq. by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan (Bender, Brian) |
| Filing 17 SUMMONS Returned Executed by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. Estate of Christine Eleazer served on 9/25/2023, answer due 10/16/2023. (Bender, Brian) |
| Filing 16 SUMMONS Returned Executed by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. Donald J. Gorman, Jr served on 9/25/2023, answer due 10/16/2023. (Bender, Brian) |
| Filing 15 SUMMONS Returned Executed by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. Silver Golub & Teitell LLP served on 9/26/2023, answer due 10/17/2023. (Bender, Brian) |
| Filing 14 SUMMONS Returned Executed by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. Sean K. McElligott served on 9/26/2023, answer due 10/17/2023. (Bender, Brian) |
| Filing 13 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Silver Golub & Teitell LLP* with answer to complaint due within *21* days. Attorney *Brian Andrew Bender* *Harris Beach PLLC - NY* *100 Wall St.* *New York, NY 10005*. (Chartier, A) |
| Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Sean K. McElligott* with answer to complaint due within *21* days. Attorney *Brian Andrew Bender* *Harris Beach PLLC - NY* *100 Wall St.* *New York, NY 10005*. (Chartier, A) |
| Filing 11 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Donald J. Gorman, Jr* with answer to complaint due within *21* days. Attorney *Brian Andrew Bender* *Harris Beach PLLC - NY* *100 Wall St.* *New York, NY 10005*. (Chartier, A) |
| Filing 10 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Estate of Christine Eleazer* with answer to complaint due within *21* days. Attorney *Brian Andrew Bender* *Harris Beach PLLC - NY* *100 Wall St.* *New York, NY 10005*. (Chartier, A) |
| Request for Clerk to issue summons as to Sean K. McElligott. (Bender, Brian) |
| Request for Clerk to issue summons as to Estate of Christine Eleazer. (Bender, Brian) |
| Request for Clerk to issue summons as to Silver Golub & Teitell LLP. (Bender, Brian) |
| Request for Clerk to issue summons as to Donald J. Gorman, Jr. (Bender, Brian) |
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Filing 9
MEMORANDUM AND NOTICE RE APPLICATION FOR TEMPORARY RESTRAINING ORDER. Plaintiff has filed for a temporary restraining order and submitted a proposed order to show cause for the Court to immediately enter a TRO without notice to opposing parties. Doc. #8 at 2 ( 1). The Court is reluctant to enter a TRO without affording the opposing party an opportunity to respond. Rule 65 of the Federal Rules of Civil Procedure provides that "[t]he court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movant's attorney certifies in writing any efforts made to give notice and the reasons why it should not be required." Fed. R. Civ. P. 65(b)(1). The Court's review of the TRO application does not disclose any certification by counsel of efforts made to give notice to opposing parties of the filing of the application for a TRO or any statement of reasons why notice should not be required. Accordingly, the Court does not intend to grant an ex parte TRO. Absent a convincing explanation why notice should not be required, the Court prefers to act on the application only after the opposing parties have received copies of the TRO application and have been afforded an opportunity to respond. Counsel for plaintiff is requested to file a statement concerning what efforts have been made to give notice to the opposing parties and/or why such notice should not be required. The Court intends to hold in abeyance consideration of and action on the TRO until such a statement has been filed. It is so ordered. Signed by Judge Jeffrey A. Meyer on 09/20/23. (Parker, B.)
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| Filing 8 MOTION for Temporary Restraining Order (Order to Show Cause), MOTION for Preliminary Injunction (Responses due by 10/11/2023, ) by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. (Attachments: #1 Declaration, #2 Exhibit A-Aetna SPD, #3 Exhibit B-CVS SPD, #4 Exhibit C-9-28-21 Letter, #5 Exhibit D-2-7-22 Letter (redacted), #6 Exhibit E-Treatment Itemizations (redacted), #7 Memorandum in Support)(Bender, Brian) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #1 Complaint,, filed by CVS Health Welfare Benefit Plan, Aetna, Inc. Medical/Dental Benefit Plan, #2 Disclosure Statement, filed by Aetna, Inc. Medical/Dental Benefit Plan, 3 Notice re: Disclosure Statement, #4 Order on Pretrial Deadlines, #6 Protective Order, #5 Electronic Filing Order Signed by Clerk on 9/20/2023.(Chartier, A) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 9/19/2023.(Chartier, A)
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 9/19/2023.(Chartier, A)
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 11/18/2023 Discovery due by 3/20/2024 Dispositive Motions due by 4/24/2024 Signed by Clerk on 9/19/2023.(Chartier, A)
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| Filing 3 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 9/19/2023.(Anastasio, F.) |
| Filing 2 Disclosure Statement by Aetna, Inc. Medical/Dental Benefit Plan identifying Corporate Parent CVS Pharmacy, Inc.; and CVS Pharmacy, Inc. is a wholly owned subsidiary of CVS Health Corporation for Aetna, Inc. Medical/Dental Benefit Plan. (Bender, Brian) |
| Filing 1 COMPLAINT against Donald J. Gorman, Jr. a/k/a Donald Joseph GormanJr., Sean K. McElligott, Esq., Silver Golub & Teitell LLP, The Estate of Christine Eleazer ( Filing fee $402 receipt number ACTDC-7486984.), filed by Aetna, Inc. Medical/Dental Benefit Plan, CVS Health Welfare Benefit Plan. (Attachments: #1 Exhibit A-Medical Plan Booklet, #2 Exhibit B-CVS CPD, #3 Exhibit C-9-28-21 letter., #4 Exhibit D-2-7-22 letter, #5 Exhibit E-Treatment Itemizations, #6 Civil Cover Sheet)(Bender, Brian) |
| Judge Jeffrey A. Meyer and Judge Robert A. Richardson added. (Freberg, B) |
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