Cloutier v. United Healthcare Services, Inc
| John Cloutier |
| United Healthcare Services, Inc |
| 1:2023cv04281 |
| July 5, 2023 |
| US District Court for the Northern District of Illinois |
| Keri L Holleb Hotaling |
| Charles P Kocoras |
| John J Tharp |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 STATUS Report by United Healthcare Services, Inc Presented before Magistrate Judge (Attachments: #1 Exhibit A, #2 Exhibit B)(Deegan, Robert) |
| Filing 17 MINUTE entry before the Honorable Keri L Holleb Hotaling: This matter has been transferred to the calendar of Judge Keri Holleb Hotaling. The Court adopts the discovery schedule set by Judge Cole, as follows: Parties shall exchange their initial disclosures by 9/15/23; Fact discovery (including depositions) will close on 11/17/23 or within 56 days of Defendant's production of the administrative record, whichever is later. The parties are to file an updated joint status report on 10/5/2023, detailing the status of discovery and whether the parties are interested in a settlement conference. Counsel for Defendant shall make every effort to confer with Plaintiff about the contents of the joint status report. Mailed notice. (exr, ) |
| Filing 16 EXECUTIVE COMMITTEE ORDER: It appearing that Magistrate Judge Cox retired on August 9, 2023; therefore It is hereby ordered that no new designations, referrals, or reassignments shall be made to Magistrate Judge Cox; and It is further ordered that the Hon. Keri L. Holleb Hotaling has entered on duty as a magistrate judge for the Northern District of Illinois; and It is furthered ordered that the Clerk of Court is to add Magistrate Judge Holleb Hotaling's name to the Court's magistrate judge civil case assignment system on August 10, 2023, so that she shall receive a full share of such cases. Case referred to the Honorable Keri L Holleb Hotaling. Signed by Honorable Rebecca R. Pallmeyer on 8/10/2023.(td, ) |
| Filing 15 MINUTE entry before the Honorable Jeffrey Cole: The defendant has submitted a proposed discovery schedule as ordered in [dkt. # #13 and #14 ]. The pro se plaintiff has not submitted a proposed schedule. Accordingly, the schedule submitted by the defendant will be adopted. The new schedule is as follows: Parties will exchange their initial disclosures by 9/15/23; Fact discovery (including depositions) will close on 11/17/23 or within 56 days of Defendant's production of the administrative record, whichever is later. Emailed notice (yt) |
| Filing 14 Proposed Fact and Expert Discovery Schedule by United Healthcare Services, Inc (Attachments: #1 Exhibit A, #2 Exhibit B)(Deegan, Robert) |
| Filing 13 MINUTE entry before the Honorable Jeffrey Cole: Judge Tharp has referred the case here for discovery scheduling, supervision and any settlement conference. #11 and #12 . The parties are to submit an agreed upon fact discovery (including depositions) and expert discovery (including depositions) schedule not later than 8/3/23. Local Rule 16.1, provides that discovery must be completed not merely scheduled within the time set for discovery. A video status conference is set for 9/21/23 at 10:00am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (650) 479-3207, access code 1807229989#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (yt) |
| Filing 12 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr: This matter is referred to the assigned magistrate judge for all discovery scheduling and supervision as well as any settlement conference the parties may jointly seek.Mailed notice (air, ) |
| Filing 10 ANSWER to Complaint and Defenses by United Healthcare Services, Inc(Hanson, Rebecca) |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion to dismiss for failure to state a claim #6 is denied without prejudice. Defendant's basis for dismissal is that ERISA preempts plaintiff's state-law "cause of action." But plaintiffs "do not need to plead legal theories in their complaints in federal court." McDonald v. Household Int'l, Inc., 425 F.3d 424, 425 (7th Cir. 2005). Plaintiff alleges that his health insurance provider failed to reimburse him for health care costs he incurred and to which he was entitled reimbursement. Whether plaintiff may seek relief pursuant to a legal theory based in breach of contract or ERISA is irrelevant when assessing a motion to dismiss for failure to state a claim upon which relief can be granted. "The real question [is] whether relief [is] possible based on any legal theoryERISA includedunder any set of facts that could be established consistent with the allegations." Id. at 428. This principle is especially salient when, as here, plaintiff is proceeding pro se and the Court must construe his complaint liberally. Defendant does not argue that plaintiff cannot litigate his claim under ERISA; it only argues that ERISA preempts a state-law theory of relief. The Seventh Circuit has squarely held that that preemption is no basis for dismissal for failure to state a claim in ERISA cases, so defendant's reliance on district court cases is of no import. Id. at 429-30. The Court passes no judgment on whether plaintiff states a claim under ERISA, but preemption is not a basis to dismiss his claim. Mailed notice (air, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by United Healthcare Services, Inc (Hanson, Rebecca) |
| Filing 7 MEMORANDUM by United Healthcare Services, Inc in support of Motion to Dismiss for Failure to State a Claim #6 (Hanson, Rebecca) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United Healthcare Services, Inc Plaintiff's Complaint (Hanson, Rebecca) |
| Filing 5 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John J. Tharp, Jr for all further proceedings. Honorable Charles P. Kocoras no longer assigned to the case pursuant to 28 USC 294(b). Signed by Executive Committee on 07/10/2023. (daj, ) |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent form, Notice of Removal Letter to John Cloutier. (daj, ) |
| Filing 4 ATTORNEY Appearance for Defendant United Healthcare Services, Inc by Robert C. Deegan (Deegan, Robert) |
| Filing 3 CIVIL Cover Sheet (Hanson, Rebecca) |
| Filing 2 ATTORNEY Appearance for Defendant United Healthcare Services, Inc by Rebecca R. Hanson (Hanson, Rebecca) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County Fourth Municipal District, case number (20234002972) filed by United Healthcare Services, Inc Filing fee $ 402, receipt number AILNDC-20798558. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hanson, Rebecca) |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (lw, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lw, ) |
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| Plaintiff: John Cloutier | |
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| Defendant: United Healthcare Services, Inc | |
| Represented By: | Rebecca R. Hanson |
| Represented By: | Robert C. Deegan |
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