Shepherd v. Anthem Insurance Companies, Inc. et al
| Arnisha Shepherd and Shontay Marshall |
| Anthem Insurance Companies Inc., NationsBenefits, LLC and Elevance Health, Inc. |
| 1:2024cv20774 |
| February 28, 2024 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 70
PRE-TRIAL ORDER NO. 1. Signed by Judge Rodolfo A. Ruiz, II on 2/16/2024. See attached document for full details. (jas)
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Filing 69
ORDER OF CONSOLIDATION AND ADMINISTRATIVE CLOSE-OUT. Signed by Judge Rodolfo A. Ruiz II on 2/28/2024. See attached document for full details. (gp)
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| Civil Case Closed for administrative purposes only. Per Order of Consolidation and Administrative Close-Out. (gp) |
| Filing 68 MDL Transfer In Case Receipt from the Southern District of Indiana. Case Number 23-cv-00693-TWP-MG with documents 1-65. Assigned FLSD Case Number 24-cv-20774-RAR. Re: FLSD MDL Case Number 24-md-3090-RAR (jas) |
| Filing 67 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (jas) |
| Filing 66 Case transferred in from Indiana Southern; Case Number 1:23-cv-00693. Electronic file including transfer order and docket sheet received. .(jas). |
| Filing 65 Transfer Letter to Clerk of the Southern District of Florida. Case transferred electronically to Southern District of Florida, on 2/14/2024. MDL - 3090 Per Certified Transfer Order CTO -1. (CKM) Modified on 2/26/2024 (CKM). |
| Filing 64 CLOSED TRANSFER to the United States District Court of The Southern Distinct of Florida IN RE: FORTRA FILE TRANSFER SOFTWARE DATA SECURITY BREACH LITIGATION MDL - 3090 Per Certified Transfer Order CTO -1. (Attachments: #1 Transmittal Letter, #2 Order Granting Motion to Consolidate) (CKM) |
| Filing 63 RESPONSE in Opposition re #60 MOTION to Dismiss previously filed in case 1:23-cv-01326-RLY-MG , filed by Consol Plaintiff SHONTAY MARSHALL. (Yanchunis, John) |
| Filing 62 REPLY in Support of Motion re #60 MOTION to Dismiss previously filed in case 1:23-cv-01326-RLY-MG , filed by Consol Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
| Filing 61 BRIEF/MEMORANDUM in Support re #60 MOTION to Dismiss previously filed in case 1:23-cv-01326-RLY-MG , filed by Consol Defendant ELEVANCE HEALTH, INC.. (Attachments: #1 Exhibit 1 Summary Plan Description Booklet)(Hidde, Kandi) |
| Filing 60 MOTION to Dismiss previously filed in case 1:23-cv-01326-RLY-MG, filed by Consol Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
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Filing 59
ORDER GRANTING #57 MOTION TO CONSOLIDATE CASES - The Clerk is DIRECTED to consolidate Cause No. 1:23-cv-01326-RLY-MG into and under Cause No. 1:23-cv-00693-TWP-MG and close Cause No. 1:23-cv-0326-RLY-MG. The Clerk is FURTHER ORDERED to docket this entry in the consolidated actions prior to the closure. No final judgment will be issued in the consolidated action. Future pleadings should be modified accordingly to reflect the consolidation and filed only in Cause No. 1:23-cv-00693-TWP-MG. Any motions pending in 1:23-cv-1326-RLY-MG that require a ruling, should be refiled in 1:23-cv-00693-TWP-MG along with any subsequent briefing within seven days of this order. (See Order.) Signed by Judge Tanya Walton Pratt on 12/11/2023. (JSR)
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| Filing 58 BRIEF/MEMORANDUM in Support re #57 MOTION to Consolidate Cases , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
| Filing 57 MOTION to Consolidate Cases , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Exhibit A - Notice of Defendants Motion to Consolidate, #2 Text of Proposed Order)(Hidde, Kandi) |
| Filing 56 MOTION For Oral Argument on Defendant's Motion to Dismiss, filed by Plaintiff ARNISHA SHEPHERD. (Attachments: #1 Text of Proposed Order)(Love, J.) |
| Filing 55 MARGINAL ENTRY denying as moot #29 Motion to Dismiss for Failure to State a Claim. SEE ENTRY. Signed by Judge Tanya Walton Pratt on 9/21/2023. (JRB) |
| Filing 54 REPLY in Support of Motion re #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
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Filing 53
ORDER granting #52 Unopposed MOTION for Extension of Time. Defendant Anthem Insurance Companies, Inc. shall have to and including September 11, 2023, to file its reply to #35 Motion to Dismiss. Signed by Judge Tanya Walton Pratt on 8/24/2023. (LBT)
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| Filing 52 Unopposed MOTION for Extension of Time to File Reply to September 11, 2023 re #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
| Filing 51 RESPONSE in Opposition re #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Plaintiff ARNISHA SHEPHERD. (Brady, Maureen) |
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Filing 50
ORDER granting #41 Motion to Appear pro hac vice. Attorney John Tyler Mills for NATIONSBENEFITS, LLC added. Signed by Magistrate Judge Mario Garcia on 7/27/2023. (JRB)
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| Filing 49 RECEIPT #6179 for Pro Hac Vice fee in the amount of $100.00, paid by Gordon & Rees on behalf of John Tyler Mills for #41 Motion to Appear Pro Hac Vice. (CCG) |
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Filing 48
ORDER granting #46 Motion for Extension of Time - SEE ORDER. Signed by Judge Tanya Walton Pratt on 7/21/2023. (JRB)
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| Filing 47 Submission of Proposed Order , re #46 First MOTION for Extension of Time to August 21, 2023 in which to #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Plaintiff ARNISHA SHEPHERD. (Brady, Maureen) |
| Filing 46 First MOTION for Extension of Time to August 21, 2023 in which to #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Plaintiff ARNISHA SHEPHERD. (Brady, Maureen) |
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Filing 45
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Initial Pretrial Conference held on 7/7/2023. Case Management Plan taken under advisement pending ruling on motion to stay. Parties note motion to sever and transfer is fully briefed. Court to issue separate ruling on pending motions. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 44
ORDER ON NATIONSBENEFITS LLC'S MOTION FOR AN EXTENSION OF TIME - Defendant NATIONSBENEFITS, LLC filed an Unopposed Motion for an Extension of Time to Respond to Plaintiff's Amended Complaint [Dkt. 39]. However, the Court subsequently granted NationsBenefits, LLC's Motion to Sever and Transfer the claims asserted against it by Plaintiff to the Southern District of Florida. [See Dkt. 42.] Therefore, the Court denies the Motion for Extension [ #39 ] to the extent the matter has been transfered to another court. Signed by Magistrate Judge Mario Garcia on 7/11/2023. (SWM)
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Filing 43
ORDER - Pending before the Court is Defendant Anthem Insurance Companies, Inc.'s Unopposed Motion to Stay Discovery, #37 , in which Defendant asks to stay discovery until the Court rules on its pending Motion to Dismiss. Plaintiff does not oppose the requested stay. Defendant's Motion [ #37 ] is GRANTED to the extent that discovery other than the Fed. R. Civ. P. 26 initial disclosures is STAYED until the Court rules on Defendant's pending Motion to Dismiss. The parties shall serve their Fed. R. Civ. P. 26 initial disclosures by August 18, 2023. Signed by Magistrate Judge Mario Garcia on 7/11/2023. (SWM)
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Filing 42
ORDER GRANTING UNOPPOSED MOTION TO SEVER AND TRANSFER CLAIMS AGAINST DEFENDANT NATIONSBENEFITS, LLC TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA - granting #40 Motion to Sever. This case is now SEVERED into two separate cases. SEE ORDER. Signed by Judge Tanya Walton Pratt on 7/7/2023. (KAA)
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| Filing 41 MOTION for Attorney(s) John Mills to Appear pro hac vice (No fee paid with this filing), filed by Defendant NATIONSBENEFITS, LLC,. (Attachments: #1 Text of Proposed Order)(Mills, John) |
| Filing 40 Unopposed MOTION to Sever and Transfer Claims Against NationsBenefits to Southern District of Florida, filed by Defendant NATIONSBENEFITS, LLC,. (Attachments: #1 Text of Proposed Order)(Rykovich, Brittney) |
| Filing 39 Unopposed MOTION for Extension of Time to 8/4/2023 in which to #32 Amended Complaint , filed by Defendant NATIONSBENEFITS, LLC,. (Attachments: #1 Exhibit Certificate of Service, #2 Text of Proposed Order)(Rykovich, Brittney) |
| Filing 38 Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff A. S. . (Brady, Maureen) |
| Filing 37 Unopposed MOTION to Stay Discovery, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
| Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Exhibit 1 Summary Plan Description Booklet)(Hidde, Kandi) |
| Filing 35 MOTION to Dismiss PLAINTIFF'S AMENDED CLASS ACTION COMPLAINT, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
| Filing 33 REDACTED Amended MOTION For Leave to Proceed Under a Pseudonym (Replacement/Redacted Motion per Doc. 27), filed by Plaintiff A. S.. (Attachments: #1 Text of Proposed Order)(Love, J.) Modified on 7/5/2023 -Re-Filed per Order at Dkt. #27 (NAD). |
| Filing 32 AMENDED COMPLAINT against ANTHEM INSURANCE COMPANIES, INC., NATIONSBENEFITS, LLC,, filed by ARNISHA SHEPHARD.(Zinns, Sharon) Modified on 7/5/2023 - Added full name of filer, per Order at Dkt. #27 (NAD). |
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Filing 31
ORDER granting #28 Motion for Extension of Time to File a Response to the Complaint to 7/13/2023. Signed by Magistrate Judge Mario Garcia on 6/15/2023. (JRB)
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| Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Exhibit 1 Summary Plan Description Booklet)(Hidde, Kandi) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
| Filing 28 Unopposed MOTION for Extension of Time to July 13, 2023 in which to #1 Complaint , filed by Defendant NATIONSBENEFITS, LLC,. (Attachments: #1 Text of Proposed Order Proposed Order re Unopposed Motion for Second Extension of Time)(Rykovich, Brittney) |
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Filing 27
ORDER - #10 Motion for Leave to Proceed Under a Pseudonym is DENIED. Pursuant to S.D. Ind. L.R. 10-1(e), Plaintiff is ORDERED to re-file the Complaint using his or her true name within 14 days of entry of this Order. Failure to do so will result in dismissal of this lawsuit. #12 Motion to Seal Docket Entries 10 and 11 is GRANTED in part and DENIED in part. The Motion is GRANTED to the extent the Clerk is DIRECTED to maintain Filing No. #10 under seal. Plaintiff is further ORDERED to file a redacted version of Filing No. #10 within 21 days of this Order. The Motion is DENIED to the extent the Clerk is DIRECTED to unseal Filing No. #11 within 21 days of this Order. See Order for details. Signed by Magistrate Judge Mario Garcia on 6/7/2023. (LBT)
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| Filing 26 Jurisdictional Statement , re #19 Order by A. S.. (Love, J.) |
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Filing 25
ORDER granting #23 Motion to Appear pro hac vice: This cause has come before the Court upon the motion of Sharon J. Zinns, counsel for A.S., individually and on behalf of all others similarly situated, for leave to appear and participate pro hac vice in the above-captioned cause only. Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. See Order. Signed by Magistrate Judge Mario Garcia on 5/18/2023. (LF)
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Filing 24
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE: The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on FRIDAY, JULY 7, 2023 at 10:30 a.m., Indianapolis Time (EST), TELEPHONIC, before the Honorable Mario Garcia, United States Magistrate Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. See order. Signed by Magistrate Judge Mario Garcia on 5/17/2023. (LF)
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| Filing 23 MOTION for Attorney(s) Sharon J. Zinns to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7638282), filed by Plaintiff A. S.. (Zinns, Sharon) |
| Filing 22 Notice of Automatic Initial Extension of Time to June 13, 2023 in which to #1 Complaint , filed by Defendant NATIONSBENEFITS, LLC,. (Rykovich, Brittney) Modified on 5/17/2023 (LF). |
| Filing 21 NOTICE of Appearance by Brittney B. Rykovich on behalf of Defendant NATIONSBENEFITS, LLC,. (Rykovich, Brittney) |
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Filing 20
ORDER granting #18 Motion to Appear pro hac vice. Attorney Maureen M Brady for A. S. added. Signed by Magistrate Judge Mario Garcia on 5/15/2023. (SWM)
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Filing 19
SECOND ENTRY ON JURISDICTION - Plaintiff is ORDERED to file another supplemental jurisdictional statement that establishes the Court's jurisdiction over this case. The jurisdictional statement should sufficiently allege the citizenship of Nations Benefits. This jurisdictional statement is due fourteen (14) days from the date of this Entry. SEE ORDER. Signed by Judge Tanya Walton Pratt on 5/12/23.(JRB)
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| Filing 18 MOTION for Attorney(s) Maureen M. Brady to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7630114), filed by Plaintiff A. S.. (Brady, Maureen) |
| Filing 17 Jurisdictional Statement , re #9 Entry by A. S.. (Love, J.) |
| Filing 16 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
| Filing 15 Rule 7.1 Disclosure Statement by ANTHEM INSURANCE COMPANIES, INC. identifying Corporate Parent ELEVANCE HEALTH, INC. for ANTHEM INSURANCE COMPANIES, INC... (Hidde, Kandi) |
| Filing 14 NOTICE of Appearance by Darren Andrew Craig on behalf of Defendant ANTHEM INSURANCE COMPANIES, INC.. (Craig, Darren) |
| Filing 13 NOTICE of Appearance by Kandi Kilkelly Hidde on behalf of Defendant ANTHEM INSURANCE COMPANIES, INC.. (Hidde, Kandi) |
| Filing 12 MOTION To Seal Docket Entries 10 and 11, filed by Plaintiff A. S.. (Attachments: #1 Text of Proposed Order)(Love, J.) |
| Filing 11 **UNSEALED PER DKT. 27** BRIEF/MEMORANDUM in Support re #10 MOTION For Leave to Proceed Under A Pseudonym , filed by Plaintiff A. S.. (Love, J.) Modified on 5/2/2023 - temporarily sealed (AKH). Modified on 7/10/2023 (NAD). |
| Filing 10 MOTION For Leave to Proceed Under A Pseudonym, filed by Plaintiff A. S.. (Attachments: #1 Text of Proposed Order)(Love, J.) Modified on 5/2/2023 - temporarily sealed (AKH). Modified on 6/7/2023 (LBT). Modified on 7/5/2023 - Unsealed per order at Dkt. 27 (NAD). Modified on 7/10/2023 -Sealed document per Dkt. 27 (NAD). |
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Filing 9
ENTRY ON JURISDICTION - As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that shows the Court's jurisdiction over this case. This statement should specifically identify the citizenship of the parties. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 4/26/2023.(AKH)
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| Filing 8 RETURN of Service, filed by A. S.. ANTHEM INSURANCE COMPANIES, INC. served on 4/25/2023. (Love, J.) |
| Filing 7 RETURN of Service, filed by A. S.. NATIONSBENEFITS, LLC, served on 4/25/2023., AFFIDAVIT of Service for Summons and Complaint served on Defendant NationsBenefits, LLC on 04/25/2023, filed by A. S.. (Love, J.) |
| Filing 6 Rule 7.1 Disclosure Statement by A. S.. (Love, J.) |
| Filing 5 NOTICE of Appearance by J. Anthony Love on behalf of Plaintiff A. S.. (Love, J.) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DRB) |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (DRB) |
| Filing 2 Summons Issued as to ANTHEM INSURANCE COMPANIES, INC., NATIONSBENEFITS, LLC,. (DRB) |
| Filing 1 COMPLAINT against All Defendants, filed by A. S.. (Filing fee $402, receipt number AINSDC-7601112) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Love, J.) |
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