ANTHEM, INC. v. TERNAN
Plaintiff: ANTHEM, INC.
Defendant: J. BRIAN TERNAN
Case Number: 1:2020cv00210
Filed: January 17, 2020
Court: US District Court for the Southern District of Indiana
Presiding Judge: Jane Magnus-Stinson
Referring Judge: Doris L Pryor
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on March 2, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 2, 2020 Opinion or Order Filing 42 ORDER DIRECTING FILING OF A PLEADING AUTHORIZING DISMISSAL - Parties have reported settlement. All that remains to be done is the execution of documents and/or delivery of funds, if so required, in accordance with their agreement. All pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. IT IS ORDERED that within thirty (30) days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal and submit an order for the Court's signature ordering the dismissal (in conformance with the agreement of the parties). Failure to comply with this order will result in DISMISSAL WITH PREJUDICE pursuant to Rule 41(b), Fed. R. Civ. P. for failure to prosecute this action in a timely manner. Additional time to complete the execution of the settlement document may be granted if requested in writing prior to the expiration of this period of time. Signed by Judge Jane Magnus-Stinson on 3/2/2020.(JDH) Modified on 3/3/2020 (JDH).
February 24, 2020 Filing 41 REPLY in Support of Motion re #7 MOTION to Compel ARBITRATION , filed by Plaintiff ANTHEM, INC.. (Mahoney, Kevin)
February 24, 2020 Filing 40 Appendix of Exhibits in Support of Reply in Support of Motion re #7 MOTION to Compel ARBITRATION , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit 1 - Declaration of Crystal Read, #2 Exhibit 2 - Ternan Offer Letter, #3 Exhibit 3 - Anthem Executive Agreement Plan, #4 Exhibit 4 - Ternan Executive Agreement, #5 Exhibit 5 - Declaration of Kevin J. Mahoney, #6 Exhibit 6 - R. Milligan 10-8-19 Letter, #7 Exhibit 7 - T. Warren 10-21-19 Letter, #8 Exhibit 8 - R. Milligan 11-21-19 Letter, #9 Exhibit 9 - R. Milligan 12-3-19 Letter, #10 Exhibit 10 - Request for Determination, #11 Exhibit 11 - Determination, #12 Exhibit 12 - R. Milligan 1-10-20 Letter, #13 Exhibit 13 - Objection to Arbitration, #14 Exhibit 14 - H. Tavares-Erickson 1-16-20 Email String, #15 Exhibit 15 - R. Milligan 1-31-20 Letter)(Mahoney, Kevin)
February 19, 2020 Opinion or Order Filing 39 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on February 12, 2020. The parties discussed the defendants motion for an extension of time to file a response to the motion to compel. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG)
February 17, 2020 Filing 38 RESPONSE in Opposition re #7 MOTION to Compel ARBITRATION , filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Affidavit of J. Brian Ternan in Support of Opposition to Motion to Compel Arbitration, #2 Affidavit of Tracy A. Warren in Support of Opposition to Motion to Compel Arbitration, #3 Exhibit 3 - CPR Non-Administered Arbitration Rules, #4 Exhibit 4 -CPR Employment Dispute Arbitration Procedures)(Warren, Tracy)
February 15, 2020 Filing 37 Submission of Proposed Order to #35 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer or in the Alternative, to Stay the Action, filed by Defendant J. BRIAN TERNAN. (Warren, Tracy) Modified on 2/18/2020 (JDH).
February 14, 2020 Filing 36 BRIEF/MEMORANDUM in Support re #35 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer or in the Alternative, to Stay the Action , filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1 - Decl of Ternan, #3 Exhibit 2 - Offer Letter, #4 Exhibit 3 - Plan, #5 Exhibit 4 - Employment Agreement)(Warren, Tracy)
February 14, 2020 Filing 35 MOTION to Dismiss for Lack of Jurisdiction or in the Alternative, to Transfer or in the Alternative, to Stay the Action, filed by Defendant J. BRIAN TERNAN. (Warren, Tracy)
February 14, 2020 Filing 34 CERTIFICATE OF SERVICE by ANTHEM, INC. re #7 MOTION to Compel ARBITRATION and #8 Brief in Support (Attachments: #1 Exhibit Exhibit 1 - Supplemental Declaration)(Mahoney, Kevin) Modified on 2/18/2020 (JDH).
February 14, 2020 Opinion or Order Filing 33 ORDER - Presently pending before the Court is Plaintiff Anthem, Inc.s (Anthem) Motion for Expedited Briefing and Consideration, in which Anthem asks the Court to: (1) expedite the briefing of its pending Motion to Compel Arbitration, [Filing No. 7]; (2) schedule a hearing on the Motion to Compel Arbitration before February 24, 2020; and (3) set the Motion to Compel Arbitration for expedited consideration. [Filing No. 9.] Defendant J. Brian Ternan has responded, [Filing No. 28], and Anthem has replied, adding a request that the Court resolve the Motion to Compel Arbitration prior to March 2, 2020, [Filing No. 32 at 7]. To the extent that Anthem seeks to expedite the briefing schedule concerning its pending Motion to Compel Arbitration, its request is moot. The Magistrate Judge has already given Mr. Ternan up to and including February 17, 2020 to file his response, [Filing No. 31], and Anthem can file its reply thereafter as quickly as it wishes. As to Anthems requests that a hearing be held before February 24, 2020 and that the Motion to Compel Arbitration be given expedited consideration and resolved prior to March 2, 2020, the Court understands the parties consider this matter to be urgent. Nevertheless, the Court notes that the Southern District of Indiana is the second busiest district in the country as measured by weighted filings per judgeship. United States Courts, U.S. District Courts: Combined Civil and Criminal Federal Court Management Statistics (September 30, 2019), https://www.uscourts.gov/sites/default/files/data_tables/fcms_na_distprofile0930.2019.pdf. The statistics concerning the Courts heavy caseload are publicly available and were accessible at the time the plaintiff decided to litigate its claims here. Anthem understandably believes that a prompt disposition of its Motion is important, and this Court always strives to address pending matters as quickly and efficiently as possible. However, when this action was commenced, 203 other motions were already pending before this judge, and each of those motions is equally important to the party that filed it. The Court appreciates the financial consequences that may continue to accumulate each day that this litigation remains pending and acknowledges that preventing such losses is a top priority for Anthem. Notably, however, also waiting their turn in this Court are social security claimants who have been laboring through the benefit-seeking process for months or even years, criminal defendants who are incarcerated while awaiting their trials, people who are asserting serious physical injuries or violations of their basic civil rights, and litigants in all types of cases who are anxiously awaiting rulings to let them know whether their cases will proceed or be dismissed entirely. The Courts schedule is full, including a trial that took place this week, another trial to be held next week, and numerous other matters that require attention. Each of these matters is important to the Court, which must give equal and considered treatment to all parties before it and must do its best to manage its caseload in accordance with the principles of justice, fairness, and efficiency. Simply put, the Court cannot and will not prioritize Anthems Motion over all of the other equally important matters currently pending, and instead will do its best, as it always does, to decide the Motion as quickly as possible given all of the other considerations described above. In addition, just as Anthem has faith in this Court to render a correct decision, this Court has faith in the Judges of the District Court where a competing action has been filed. The potential for a ruling from that Court is not a sufficient reason for this Court to expedite the ordinary review and consideration process. For all of the foregoing reasons, Anthems Motion for Expedited Briefing and Consideration, #9 , is DENIED AS MOOT to the extent that it seeks expedited briefing and is DENIED to the extent that it seeks expedited consideration. Anthems Motion to Compel Arbitration will be decided in due course. Signed by Judge Jane Magnus-Stinson on 2/14/2020. (JDC)
February 13, 2020 Filing 32 REPLY in Support of Motion re #9 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION , filed by Plaintiff ANTHEM, INC.. (Mahoney, Kevin)
February 12, 2020 Opinion or Order Filing 31 ORDER: This matter comes before the Court on the Defendant's Motion for Extension of Time to Respond to Motion to Compel Arbitration, Dkt. [ #21 ]. On February 10, 2020, the Court heard oral argument on the Motion. Upon review of the briefs and oral argument, the Court hereby GRANTS IN PART and DENIES IN PART said Motion for the reasons articulated on the record at the February 12, 2020 telephonic hearing. The Defendant shall have up to and including February 17, 2020 by which to respond to the Plaintiff's Motion to Compel Arbitration (Dkt. #7 ). Signed by Magistrate Judge Doris L. Pryor on 2/12/2020. (SWM)
February 12, 2020 Opinion or Order Filing 30 MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on February 10, 2020. The parties discussed the case status and deadlines. This matter is scheduled for a telephonic status conference on February 12, 2020 at 12:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Courts ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
February 11, 2020 Filing 29 REPLY in Support of Motion re #21 MOTION for Extension of Time to File Response to 2/21/2020 re #7 MOTION to Compel ARBITRATION , filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Affidavit of Kathryn B. Fox for Reply in Support of Motion, #2 Affidavit of Candice Caufield for Reply in Support of Motion)(Warren, Tracy)
February 10, 2020 Filing 28 RESPONSE in Opposition re #9 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION , filed by Defendant J. BRIAN TERNAN. (Warren, Tracy)
February 10, 2020 Filing 27 DECLARATION of Roger Leszczynski re #24 Response in Opposition to Motion by ANTHEM, INC.. (Attachments: #1 Exhibit Exhibit 1 - Supplemental Declaration)(Mahoney, Kevin)
February 10, 2020 Filing 26 NOTICE of Appearance by Sandra L. Blevins on behalf of Defendant J. BRIAN TERNAN. (Blevins, Sandra)
February 10, 2020 Filing 25 NOTICE of Appearance by Courtney E. Endwright on behalf of Defendant J. BRIAN TERNAN. (Endwright, Courtney)
February 10, 2020 Filing 24 RESPONSE in Opposition re #21 MOTION for Extension of Time to File Response to 2/21/2020 re #7 MOTION to Compel ARBITRATION , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit Exhibit 1 - K. Fox 1.24.20 Email, #2 Exhibit Exhibit 2 - R. Milligan 1.24.20 Email with Complaint, #3 Exhibit Exhibit 3 - R. Milligan 1.24.20 Email with Motion, #4 Exhibit Exhibit 4 - Declaration of R. Leszczynski, #5 Exhibit Exhibit 5 - M. Rabinowitch 2.4.20 Email, #6 Exhibit Exhibit 6 - T. Warren 2.6.20 Email, #7 Exhibit Exhibit 7 - K. Fox 2.6.20 Email, #8 Exhibit Exhibit 8 - Declaration of K. Mahoney)(Mahoney, Kevin)
February 10, 2020 Opinion or Order Filing 23 ORDER granting #20 Motion to Appear pro hac vice. Attorney Robert B. Milligan for ANTHEM, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Robert B. Milligan via US Mail. Signed by Magistrate Judge Doris L. Pryor on 2/10/2020. (SWM)
February 7, 2020 Filing 22 NOTICE OF ERRATA, filed by Defendant J. BRIAN TERNAN, re #21 MOTION for Extension of Time to File Response to 2/21/2020 re #7 MOTION to Compel ARBITRATION . (Warren, Tracy)
February 7, 2020 Filing 21 MOTION for Extension of Time to File Response to 2/21/2020 re #7 MOTION to Compel ARBITRATION , filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Affidavit of Kathryn B. Fox, #2 Affidavit of Candice Caufield, #3 Text of Proposed Order)(Warren, Tracy)
February 6, 2020 Filing 20 Second MOTION for Attorney(s) Robert B. Milligan to Appear pro hac vice (Filing fee $100, receipt number 0756-5846140), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Amended Certification, #2 Text of Proposed Order)(Rabinowitch, Michael)
February 4, 2020 Opinion or Order Filing 19 ORDER: This matter has come before the Court on motion of Robert B. Milligan of Seyfarth Shaw LLP seeking an order granting leave to appear pro hac vice for the purpose of appearing as counsel on behalf of the Plaintiff, Anthem, Inc., in the above-styled cause only, Dkt. [ #10 ]. The Court cannot confirm whether Mr. Milligan is admitted to practice in the Northern District of Illinois, the Southern District of New York, the District of Connecticut, or the District of New Jersey. Accordingly,the Motion is hereby DENIED. Copy to Robert B. Milligan via US Mail. Signed by Magistrate Judge Doris L. Pryor on 2/4/2020. (SWM)
February 3, 2020 Opinion or Order Filing 18 SCHEDULING ORDER: Initial Pretrial Conference set for 3/17/2020 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. 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 for additional details. Copies via US Mail. Signed by Magistrate Judge Doris L. Pryor on 2/3/2020.(SWM) Modified on 2/3/2020 (SWM).
February 3, 2020 Filing 17 AFFIDAVIT of Service for summons, appearance, complaint, disclosure statement, notice, consent served on J. Brian Ternan on January 25, 2020, filed by ANTHEM, INC.. (Rabinowitch, Michael)
January 31, 2020 Opinion or Order Filing 16 ORDER granting #14 Motion to Appear pro hac vice. Attorney Tracy A. Warren for J. BRIAN TERNAN added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Tracy A. Warren via US Mail. Signed by Magistrate Judge Doris L. Pryor on 1/31/2020. (SWM)
January 31, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion to Appear pro hac vice. Attorney Kathryn B. Fox for J. BRIAN TERNAN added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Kathryn B. Fox via US Mail. Signed by Magistrate Judge Doris L. Pryor on 1/31/2020. (SWM)
January 29, 2020 Filing 14 MOTION for Attorney(s) Tracy A. Warren to Appear pro hac vice (Filing fee $100, receipt number IP068207), filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Text of Proposed Order, #2 Envelope)(JDH)
January 29, 2020 Filing 13 MOTION for Attorney(s) Kathryn B. Fox to Appear pro hac vice (Filing fee $100, receipt number IP068207), filed by Defendant J. BRIAN TERNAN. (Attachments: #1 Text of Proposed Order, #2 Envelope)(JDH)
January 29, 2020 Opinion or Order Filing 12 ORDER granting #11 Motion to Appear pro hac vice. Attorney Kevin J. Mahoney for ANTHEM, INC. added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Kevin J. Mahoney via US Mail. Signed by Magistrate Judge Doris L. Pryor on 1/29/2020. (SWM) Modified on 1/30/2020 (SWM).
January 28, 2020 Filing 11 MOTION for Attorney(s) Kevin J. Mahoney to Appear pro hac vice (Filing fee $100, receipt number 0756-5830377), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Rabinowitch, Michael)
January 28, 2020 Filing 10 MOTION for Attorney(s) Robert B. Milligan to Appear pro hac vice (Filing fee $100, receipt number 0756-5830365), filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Rabinowitch, Michael)
January 27, 2020 Filing 9 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION, filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Order)(Rabinowitch, Michael)
January 24, 2020 Filing 8 BRIEF/MEMORANDUM in Support re #7 MOTION to Compel ARBITRATION , filed by Plaintiff ANTHEM, INC.. (Attachments: #1 Exhibit 1 Declaration, #2 Exhibit 2 Plan, #3 Exhibit 3 Agreement, #4 Exhibit 4 6.17.15 Email, #5 Exhibit 5 Clawback, #6 Exhibit 6 Application for determination, #7 Exhibit 7 Demand for arbitration, #8 Exhibit 8 1.13.20 letter)(Rabinowitch, Michael)
January 24, 2020 Filing 7 MOTION to Compel ARBITRATION, filed by Plaintiff ANTHEM, INC.. (Rabinowitch, Michael)
January 21, 2020 Filing 6 PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (JDH)
January 21, 2020 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO)
January 21, 2020 Filing 4 Summons Issued as to J. BRIAN TERNAN. (REO)
January 17, 2020 Filing 3 Corporate Disclosure Statement by ANTHEM, INC.. (Rabinowitch, Michael)
January 17, 2020 Filing 2 NOTICE of Appearance by Michael Rabinowitch on behalf of Plaintiff ANTHEM, INC.. (Rabinowitch, Michael)
January 17, 2020 Filing 1 COMPLAINT against J. BRIAN TERNAN, filed by ANTHEM, INC.. (Filing fee $400, receipt number 0756-5816609) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1 Plan, #4 Exhibit 2 Agreement, #5 Exhibit 3 Clawback letter, #6 Exhibit 4 December 5 letter, #7 Exhibit 5 January 13 letter)(Rabinowitch, Michael)

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Plaintiff: ANTHEM, INC.
Represented By: Michael Rabinowitch
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Defendant: J. BRIAN TERNAN
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