Marshall v. Elevance Health, Inc.
| Shontay Marshall |
| Elevance Health, Inc |
| 1:2024cv20779 |
| February 28, 2024 |
| US District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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Filing 45
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 44
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 43 MDL Transfer In Case Receipt from the Southern District of Indiana. Case Number 23-cv-01326-RLY-MG with documents 1-40. Assigned FLSD Case Number 24-cv-20779-RAR. Re: FLSD MDL Case Number 24-md-3090-RAR. (jas) |
| Filing 42 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. (jas) |
| Filing 41 Case transferred in from Indiana Southern; Case Number 1:23-cv-01326. Electronic file including transfer order and docket sheet received. .(jas). |
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Filing 40
CLOSED DISMISSED - 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. (See Order.) Signed by Judge Tanya Walton Pratt on 12/11/2023. (JSR)
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| Filing 39 REPLY in Support of Motion re #27 MOTION to Dismiss Plaintiff's Amended Class Action Complaint , filed by Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
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Filing 38
ORDER granting Defendant's #36 Unopposed Motion for Extension of Time to File Reply to November 27, 2023 re #27 Motion to Dismiss Plaintiff's Amended Class Action Complaint. Signed by Magistrate Judge Mario Garcia on 11/14/2023. (SWM)
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Filing 37
ORDER granting #35 Motion to Withdraw Attorney Appearance. Attorney Ra O Amen withdrawn.. Signed by Magistrate Judge Mario Garcia on 11/13/2023. (JRB)
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| Filing 36 Unopposed MOTION for Extension of Time to File Reply to November 27, 2023 re #27 MOTION to Dismiss Plaintiff's Amended Class Action Complaint , filed by Defendant ELEVANCE HEALTH, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
| Filing 35 MOTION to Withdraw Attorney Appearance , filed by Plaintiff SHONTAY MARSHALL. (Amen, Ra) |
| Filing 34 RESPONSE in Opposition re #27 MOTION to Dismiss Plaintiff's Amended Class Action Complaint , filed by Plaintiff SHONTAY MARSHALL. (Yanchunis, John) |
| Filing 33 NOTICE of Filing of Defendant's Motion to Consolidate by ELEVANCE HEALTH, INC. (Attachments: #1 Exhibit A - Defendant's Motion to Consolidate, #2 Exhibit B - Defendant's Brief in Support of Motion to Consolidate, #3 Text of Proposed Order) (Hidde, Kandi) |
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Filing 32
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED Dispositive Motions due by 7/29/2024. Discovery due by 5/28/2024. SEE ORDER FOR ADDITIONAL DEADLINES. Signed by Magistrate Judge Mario Garcia on 11/6/2023.(AAS)
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Filing 31
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 11/2/2023. Discovery is stayed per the court's prior order. Case Management Plan approved as submitted and parties should proceed with initial disclosures and settlement discussions. This matter is scheduled for a telephonic status conference on Wednesday, February 21, 2024 at 11:00 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 29
ORDER GRANTING MOTION TO STAY DISCOVERY - granting #23 Motion to Stay all discovery until the Court resolves the pending Motion to Dismiss. The parties shall not engage in any discovery until the Court resolves the Motion to Dismiss now pending before it. Counsel to notify the magistrate judge's chambers upon the issuance of a ruling. See Order. Signed by Magistrate Judge Mario Garcia on 10/24/2023. (KAA)
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| Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Dismiss Plaintiff's Amended Class Action Complaint , filed by Defendant ELEVANCE HEALTH, INC.. (Attachments: #1 Exhibit 1 - Summary Plan Description Booklet)(Hidde, Kandi) |
| Filing 27 MOTION to Dismiss Plaintiff's Amended Class Action Complaint, filed by Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
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Filing 26
ORDER re #25 Response to Order to Show Cause - On October 11, 2023, the Court issued an Order to Show Cause to Plaintiff's counsel as to why they should not be sanctioned for failing to appear at the telephonic Status Conference on October 6, 2023, at 9:00 a.m. (Eastern). [Filing No. #24 ]. Plaintiff's counsel filed a response on October 16, 2023. [Filing No. #25 ]. The Court finds counsel has shown good cause and DISSOLVES the Order to Show Cause. This matter remains set for a telephonic status conference on November 2, 2023, at 3:30 p.m. (Eastern). Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia on 10/18/2023.(SWM)
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| Filing 25 RESPONSE , re #24 Order to Show CauseScheduling Order, filed by Plaintiff SHONTAY MARSHALL. (Attachments: #1 Exhibit Declaration of John A. Yanchunis, #2 Exhibit Declaration of Ra O. Amen, #3 Exhibit Declaration of Brandon W. Smith)(Yanchunis, John) |
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Filing 24
ORDER - This Order comes on the Court's Telephonic Status Conference, scheduled for October 6, 2023, at 9:00 a.m. The Defendant appeared by counsel. Counsel for the Plaintiff failed to appear. Plaintiff has three counsel of record. Counsel for Plaintiff are ordered to show cause, in writing filed by October 17, 2023, why they should not be sanctioned for failing to appear at the conference. This matter is RESET for telephonic status conference on November 2, 2023, at 3:30 p.m. See Order for additional information. Signed by Magistrate Judge Mario Garcia on 10/11/2023.(SWM)
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| Filing 23 MOTION to Stay re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs Class Action Complaint) Discovery, filed by Defendant ELEVANCE HEALTH, INC.. (Attachments: #1 Text of Proposed Order)(Hidde, Kandi) |
| Filing 22 AMENDED COMPLAINT against ELEVANCE HEALTH, INC., filed by SHONTAY MARSHALL.(Yanchunis, John) |
| Filing 21 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff SHONTAY MARSHALL . (Yanchunis, John) |
| Filing 19 BRIEF/MEMORANDUM in Support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs Class Action Complaint) , filed by Defendant ELEVANCE HEALTH, INC.. (Attachments: #1 Exhibit 1 - Summary Plan Description Booklet)(Hidde, Kandi) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs Class Action Complaint), filed by Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
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Filing 17
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on FRIDAY, OCTOBER 6, 2023, at 9:00 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. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Mario Garcia on 08/14/2023.(AAS)
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| 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 ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
| Filing 15 Rule 7.1 Disclosure Statement by ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
| Filing 14 NOTICE of Appearance by Patricia Roman Hass on behalf of Defendant ELEVANCE HEALTH, INC.. (Roman Hass, Patricia) |
| Filing 13 NOTICE of Appearance by Katherine Mary Frances Slisz on behalf of Defendant ELEVANCE HEALTH, INC.. (Slisz, Katherine) |
| Filing 12 NOTICE of Appearance by Darren Andrew Craig on behalf of Defendant ELEVANCE HEALTH, INC.. (Craig, Darren) |
| Filing 11 NOTICE of Appearance by Kandi Kilkelly Hidde on behalf of Defendant ELEVANCE HEALTH, INC.. (Hidde, Kandi) |
| Filing 10 RETURN of Service, filed by SHONTAY MARSHALL. ELEVANCE HEALTH, INC. served on 8/3/2023. (Yanchunis, John) |
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Filing 9
ORDER - granting #4 Motion to Appear pro hac vice. Attorney Ra O Amen for SHONTAY MARSHALL added. (See Order.) Signed by Magistrate Judge Mario Garcia on 7/31/2023. (JSR)
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Filing 8
ORDER - granting #3 Motion to Appear pro hac vice. Attorney John A. Yanchunis for SHONTAY MARSHALL added. (See Order.) Signed by Magistrate Judge Mario Garcia on 7/31/2023. (JSR)
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| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JRB) |
| Filing 5 Summons Issued as to ELEVANCE HEALTH, INC. (JRB) |
| Filing 4 MOTION for Attorney(s) Ra O. Amen to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7739964), filed by Plaintiff Shontay Marshall. (Attachments: #1 Text of Proposed Order)(Amen, Ra) |
| Filing 3 MOTION for Attorney(s) John A. Yanchunis to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7739877), filed by Plaintiff Shontay Marshall. (Attachments: #1 Text of Proposed Order)(Yanchunis, John) |
| Filing 2 NOTICE of Appearance by Brandon W. Smith on behalf of Plaintiff Shontay Marshall. (Smith, Brandon) |
| Filing 1 COMPLAINT against Elevance Health, Inc., filed by Shontay Marshall. (Filing fee $402, receipt number AINSDC-7739808) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Smith, Brandon) |
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| Plaintiff: Shontay Marshall | |
| Represented By: | John Allen Yanchunis, Sr. |
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| Defendant: Elevance Health, Inc | |
| Represented By: | Darren Andrew Craig |
| Represented By: | Kandi Kilkelly Hidde |
| Represented By: | Katherine M. Slisz |
| Represented By: | Patricia Roman Hass |
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