T. et al v. Bluecross Blueshield of Illinois et al
| R. T. and J T |
| BlueCross BlueShield of Illinois and The Option Care Health Benefits Plan |
| 1:2023cv16953 |
| December 20, 2023 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on February 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 36 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing held on 2/15/2024 via Webex. Status hearing set for 4/11/2024 at 9:00 AM. Mailed notice (lk, ) |
| Filing 35 STATUS Report JOINT by J T, R. T. (King, Brian) |
| Filing 34 MEMORANDUM by J T, R. T. in Opposition to Motion to Dismiss for Failure to State a Claim #27 (Attachments: #1 Exhibit A, Opinion of Dr. Jeffrey Kovnick, #2 Exhibit B, Plaintiffs' Appeal Letter)(King, Brian) |
| Filing 33 ATTORNEY Appearance for Plaintiffs J T, R. T. by Brian S. King (King, Brian) |
| Filing 32 MINUTE entry before the Honorable Virginia M. Kendall. Parties' Stipulated Motion for extension of time to respond/reply #30 regarding Motion to Dismiss #27 is granted. Response due by 2/9/2024; Reply due by 2/23/2024. Mailed notice (lk, ) |
| Filing 31 MINUTE entry before the Honorable Virginia M. Kendall. Initial Status hearing set for 2/15/2024 at 9:00 AM stands and will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov You can use the dial in option ONLY if you do not have access to a device with video capability: (650)-479-3207, the access code is: 180 698 4009. Mailed notice (lk, ) |
| Filing 30 MOTION by Plaintiffs J T, R. T. for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #27 (Attachments: #1 Text of Proposed Order)(King, Brian) |
| Filing 29 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #27 . Responses due by 1/25/2024; Replies due by 2/1/2024. Status hearing set for 3/28/2024 at 9:00 AM. Initial Status hearing set for 2/15/2024 at 9:00 AM stands. Mailed notice (lk, ) |
| Filing 28 MEMORANDUM by BlueCross BlueShield of Illinois in support of Motion to Dismiss for Failure to State a Claim #27 Joint (Attachments: #1 Declaration of Suzanne Livorsi, #2 Exhibit 2)(Hanson, Rebecca) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BlueCross BlueShield of Illinois (Joint) (Hanson, Rebecca) |
| Filing 26 ATTORNEY Appearance for Defendant The Option Care Health Benefits Plan by James Brandon Hiller (Hiller, James) |
| Filing 25 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 2/15/2024 at 9:00 a.m. Joint Status Report due by 2/12/2024. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Virtual hearings must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BlueCross BlueShield of Illinois (Hanson, Rebecca) |
| Filing 23 ATTORNEY Appearance for Defendant BlueCross BlueShield of Illinois by Martin J. Bishop (Reed Smith LLP) (Bishop, Martin) |
| Filing 22 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 21 ATTORNEY Appearance for Defendant BlueCross BlueShield of Illinois by Taylor Alexandra Marcusson (Marcusson, Taylor) |
| Filing 20 RECEIVED from Utah; Case Number 2:23-cv-00246. (ph, ) |
Filing 19
ORDER granting #17 Motion to Change Venue. This case shall be transferred to the United States District Court, Northern District of Illinois. The deadline for Defendants to respond to Plaintiffs' complaint shall be set 20 days from entry of this order, and Defendants' responses shall be filed in the United States District Court, Northern District of Illinois. Defendant's local counsel, Nathanael J. Mitchell, is permitted to withdraw from this case. Signed by Magistrate Judge Jared C. Bennett on 12/19/2023. (mh) [Transferred from Utah on 12/20/2023.]
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| Filing 18 STATUS REPORT Joint Status Report Pursuant to This Court's Order Dated December 8, 2023 [ECF No. 16] by Bluecross Blueshield of Illinois. (Mitchell, Nathanael) [Transferred from Utah on 12/20/2023.] |
| Filing 17 Stipulated MOTION to Change Venue to the Northern District of Illinois and Extension of Time to Respond to Complaint filed by Defendant Bluecross Blueshield of Illinois. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Jared C. Bennett. Attorney Nathanael J. Mitchell added to party Bluecross Blueshield of Illinois(pty:dft)(Mitchell, Nathanael) [Transferred from Utah on 12/20/2023.] |
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Filing 16
DOCKET TEXT STATUS REPORT ORDER. On 08/30/2023, the court entered #15 ORDER granting #14 Stipulated MOTION for Extension of Time to File Answer, which extended Defendants' deadline to respond to Plaintiffs' complaint to twenty (20) business days after the court rules on Defendants' forthcoming motion to transfer. More than 90 days have passed since the court's order, and Defendants have not yet filed a motion to transfer. Accordingly, the court HEREBY ORDERS the parties to file a joint status report on or before 12/22/2023 to inform the court of the status of this case and their intentions to proceed. Status Report due by 12/22/2023. Signed by Magistrate Judge Jared C. Bennett on 12/08/2023. (jcd) [Transferred from Utah on 12/20/2023.]
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. The court HEREBY ORDERS that the deadline for Defendants to respond to Plaintiffs' complaint is extended from September 1, 2023, to twenty (20) business days after this court rules on Defendants' forthcoming motion to transfer and that the responsive pleading be filed in the court that will hear this case, based on this court's order on the transfer motion. Signed by Magistrate Judge Jared C. Bennett on 08/30/2023. (jl) [Transferred from Utah on 12/20/2023.]
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| Filing 14 Stipulated MOTION for Extension of Time to File Answer re #1 Complaint and Memorandum in Support filed by Defendant Bluecross Blueshield of Illinois. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Hanson, Rebecca) [Transferred from Utah on 12/20/2023.] |
| Filing 13 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Robert J. Shelby and Magistrate Judge Jared C. Bennett is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (alf) [Transferred from Utah on 12/20/2023.] |
| Filing 12 NOTICE of Appearance by David R. Garner on behalf of The Option Care Health Benefits Plan (Garner, David) [Transferred from Utah on 12/20/2023.] |
| Filing 11 RECEIVED Consent/Reassignment Form from Defendant Bluecross Blueshield of Illinois. (mh) [Transferred from Utah on 12/20/2023.] |
| Filing 10 RECEIVED Consent/Reassignment Form from Plaintiffs J. T. and R. T.. (mh) [Transferred from Utah on 12/20/2023.] |
| Filing 9 NOTICE OF ADR, e-mailed or mailed to Defendants Bluecross Blueshield of Illinois, The Option Care Health Benefits Plan, Plaintiffs J. T., R. T.. (mh) [Transferred from Utah on 12/20/2023.] |
| Filing 8 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants Bluecross Blueshield of Illinois, The Option Care Health Benefits Plan, Plaintiffs J. T., R. T.. Form due by 8/18/2023. (mh) [Transferred from Utah on 12/20/2023.] |
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Filing 7
ORDER granting #6 Stipulated MOTION for Extension of Time to File Answer #1 Complaint. Answer deadline updated for The Option Care Health Benefits Plan to 9/1/2023. Signed by Magistrate Judge Jared C. Bennett on 7/27/2023. (alf) [Transferred from Utah on 12/20/2023.]
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| Filing 6 Stipulated MOTION for Extension of Time to File Answer filed by Defendant The Option Care Health Benefits Plan. (Attachments: #1 Text of Proposed Order On Stipulated Motion to Extend Answer for Option Care) Attorney Clayton H. Rather added to party The Option Care Health Benefits Plan(pty:dft)(Rather, Clayton) [Transferred from Utah on 12/20/2023.] |
| Filing 5 SUMMONS Returned Executed by J. T., R. T. as to The Option Care Health Benefits Plan served on 7/5/2023, answer due 7/26/2023. (Attachments: #1 Supplement Official Summons for Option Care Health Benefits Plan)(King, Brian) [Transferred from Utah on 12/20/2023.] |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by J. T., R. T. as to Bluecross Blueshield of Illinois Waiver sent on 7/3/2023, answer due 9/1/2023. (King, Brian) [Transferred from Utah on 12/20/2023.] |
| Filing 3 Summons Issued Electronically as to The Option Care Health Benefits Plan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) [Transferred from Utah on 12/20/2023.] |
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Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 4/18/2023. (alf) [Transferred from Utah on 12/20/2023.]
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| Magistrate Judge Jared C. Bennett added. Case number will now read 2:23-cv-00246-JCB. Please make changes to document captions accordingly. (haa) [Transferred from Utah on 12/20/2023.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4649176) filed by R.T. and J.T.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from Utah on 12/20/2023.] |
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