ECURE INDIANA CORP. v. UNITED HEALTHCARE INSURANCE COMPANY
| ECURE INDIANA CORP. |
| UNITED HEALTHCARE INSURANCE COMPANY |
| 1:2022cv01500 |
| July 28, 2022 |
| US District Court for the Southern District of Indiana |
| Mario Garcia |
| Tanya Walton Pratt |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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Filing 73
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 11/6/2023. Discovery in this case is stayed pending a Motion to Dismiss or to Compel Arbitration (Dkt. 49). Counsel to contact chambers once a ruling is made. If any claims survive, parties should request a telephonic status conference and submit a revised Case Management Plan within 7 days of the status conference. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 71
ORDER GRANTING DEFENDANT'S MOTION TO MAINTAIN DOCUMENTS UNDER SEAL: This matter having come before the Court on the Motion to Maintain Document Under Seal filed by Defendant United Healthcare Insurance Company; and the Court, being duly advised, hereby GRANTS the motion, #57 , and ORDERS that Exhibit B, #53 , Exhibit C, #54 , Exhibit D, #55 , and Exhibit H, #56 , to Defendant's Declaration of Marlee Santos be maintained under seal until further order of the Court. See Order. Signed by Magistrate Judge Mario Garcia on 9/7/2023. (LF)
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Filing 70
SCHEDULING ORDER - In the light of this Court's Order granting Defendant's Motion to Stay Discovery at Dkt. #69 , the Telephonic Discovery Conference on September 7, 2023 at 11:45 a.m. (Eastern) is VACATED. Signed by Magistrate Judge Mario Garcia on 9/6/23.(NAD)
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Filing 69
ORDER - For the reasons stated above, Defendant's Motion to Stay Discovery, #58 , is GRANTED. All pending discovery response deadlines are STAYED pending the resolution of Defendant's Motion to Dismiss, #49 . (See Order.) Signed by Magistrate Judge Mario Garcia on 9/6/23. (NAD)
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| Filing 67 REPLY in Support of Motion re #49 MOTION to Dismiss for Lack of Standing or, Alternatively, to Compel Arbitration , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 66 REPLY in Support of Motion re #58 MOTION to Stay Discovery , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Declaration of Marlee Santos in Support of Reply)(Wood, Nathanial) |
| Filing 65 RESPONSE in Opposition re #49 MOTION to Dismiss for Lack of Standing or, Alternatively, to Compel Arbitration , filed by Plaintiff ECURE INDIANA CORP.. (Attachments: #1 Declaration of Eliot Listman ISO Opposition to Motion to Dismiss, #2 Declaration of Avi Rutschman ISO Opposition to Motion to Dismiss, #3 Declaration of William Freudenthal ISO Opposition to Motion to Dismiss)(Chan, Eric) |
| Filing 64 RESPONSE in Opposition re #58 MOTION to Stay Discovery , filed by Plaintiff ECURE INDIANA CORP.. (Attachments: #1 Declaration)(Chan, Eric) |
| Filing 63 RESPONSE to Motion re #57 MOTION to Maintain Document Under Seal #55 SEALED Document (Case Participants - doc), #56 SEALED Document (Case Participants - doc), #53 SEALED Document (Case Participants - doc), #54 SEALED Document (Case Participants - doc) PLAINTIFF'S NOTICE OF NON-OPPOSITION TO MOTION TO MAINTAIN DOCUMENTS UNDER SEAL, filed by Plaintiff ECURE INDIANA CORP.. (Chan, Eric) |
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Filing 62
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Discovery Conference held on 8/16/2023. Conference continued in light of pending motion to stay discovery to Thursday, September 7, 2023 at 11:45 a.m. (Eastern). Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 60
SCHEDULING ORDER - The above case is hereby assigned for a TELEPHONIC DISCOVERY CONFERENCE on Wednesday, August 16, 2023, at 11:00 a.m. (Eastern), before the Honorable Mario Garcia, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Mario Garcia on 8/9/2023. (CW)
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| Filing 59 DECLARATION of Marlee Santos re #58 Motion to Stay by UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Plaintiff's Requests for Production, #2 Exhibit B - Plaintiff's Requests for Interrogatories, #3 Exhibit C - Plaintiff's Requests for Admission)(Wood, Nathanial) |
| Filing 58 MOTION to Stay Discovery, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wood, Nathanial) |
| Filing 57 MOTION to Maintain Document Under Seal #55 SEALED Document (Case Participants - doc), #56 SEALED Document (Case Participants - doc), #53 SEALED Document (Case Participants - doc), #54 SEALED Document (Case Participants - doc) , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wood, Nathanial) |
| Filing 56 SEALED Exhibit H to Santos Declaration, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 55 SEALED Exhibit D to Santos Declaration, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 54 SEALED Exhibit C to Santos Declaration, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 53 SEALED Exhibit B to Santos Declaration, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 52 DECLARATION of Marlee Santos re #50 Brief/Memorandum in Support, #49 Motion to Dismiss by UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Exhibit A - Feb. to April Email Chain, #2 Exhibit B - Sealed - eCure IN, LLC Assignment, #3 Exhibit C - Sealed - Excerpts of Purchase and Assignment Agreement, #4 Exhibit D - Sealed - June 9 eCure Indiana Corp. Assignment, #5 Exhibit E - June Email Chain, #6 Exhibit F - June 9, 2023 Correspondence, #7 Exhibit G - June 22, 2023 Correspondence, #8 Exhibit H - Sealed - July 27 eCure Indiana Corp. Assignment, #9 Exhibit I - eCure Indiana Corp. Articles of Incorporation)(Wood, Nathanial) |
| Filing 51 DECLARATION of Margaret Enlow re #50 Brief/Memorandum in Support, #49 Motion to Dismiss by UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Exhibit 1 - Redacted SVEP Contract, #2 Exhibit 2 - Redacted IPM Contract)(Wood, Nathanial) |
| Filing 50 BRIEF/MEMORANDUM in Support re #49 MOTION to Dismiss for Lack of Standing or, Alternatively, to Compel Arbitration , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 49 MOTION to Dismiss for Lack of Standing or, Alternatively, to Compel Arbitration, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wood, Nathanial) |
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Filing 48
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 7/24/2023. Parties to continue to meet and confer on outstanding discovery disputes. Parties may email chambers if they are unable to resolve the matters on their own. This matter is scheduled for a telephonic status conference on Monday, November 6, 2023 at 11:30 a.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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| Filing 46 Exhibit List Defendants Preliminary Witness And Exhibit List, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 45 Amended ANSWER to #1 Complaint Defendants Amended Answer And Affirmative Defenses to Plaintiffs Complaint, filed by UNITED HEALTHCARE INSURANCE COMPANY.(Wood, Nathanial) |
| Filing 44 ANSWER to #1 Complaint Defendants Answer And Affirmative Defenses To Plaintiffs Complaint, filed by UNITED HEALTHCARE INSURANCE COMPANY.(Wood, Nathanial) |
| Filing 43 Exhibit List Plaintiff's Preliminary Witness and Exhibit List, filed by Plaintiff ECURE INDIANA CORP.. (Chan, Eric) |
| Filing 42 NOTICE Plaintiff's Notice of Errata to Preliminary Witness and Exhibit List, filed by Plaintiff ECURE INDIANA CORP., re #41 Exhibit ListWitness List. (Chan, Eric) |
| Filing 41 Exhibit List (Preliminary), filed by Plaintiff ECURE INDIANA CORP., Witness List (Preliminary), filed by Plaintiff ECURE INDIANA CORP.. (Chan, Eric) |
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Filing 40
ORDER ON DEFENDANT'S MOTION TO DISMISS - The Court GRANTS in part and DENIES in part United's Motion to Dismiss (Filing No. #20 ). United's Motion is denied as to Count I and granted as to Count II. Count II is dismissed without prejudice. ECure is granted leave of fourteen (14) days from the date of this Order to file an amended complaint concerning Count II if such filing would not be futile. If nothing is filed by that date, this matter will proceed to settlement conference or trial, as to only Count I. (See Order.) Signed by Judge Tanya Walton Pratt on 5/25/2023. (JSR)
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Filing 39
STIPULATED PROTECTIVE ORDER #38 SO ORDERED and APRROVED. Signed by Magistrate Judge Mario Garcia on 4/27/2023.(SWM)
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| Filing 38 Joint MOTION for Protective Order , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Wood, Nathanial) |
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Filing 37
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 4/11/2023. This matter is scheduled for a telephonic status conference on Monday, July 24, 2023 at 1:30 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 35
ORDER STRIKING STIPULATED PROTECTIVE ORDER - On March 28, 2023, the parties filed a stipulation of a uniform "Stipulated Protective Order." [Dkt. 34.] Fed. R. Civ. P. 26(c) states: "A party or any person from whom discovery is sought may move for a protective order...." (emphasis added). Accordingly, the Court hereby STRIKES the parties' stipulation [Dkt. #34 ], and the Clerk is directed to show Docket No. #34 as stricken from the docket. If the parties seek a protective order, then they should properly file a motion requesting such relief, attaching thereto the parties' proposed protective order that they seek the Court to enter. Signed by Magistrate Judge Mario Garcia on 3/30/2023.(SWM)
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| Filing 34 *** STRICKEN PER DKT. NO. #35 *** STIPULATION Stipulated Protective Order, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) Modified on 3/30/2023 (SWM). |
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Filing 33
ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 6/21/2024. Discovery due by 1/26/2024. (See Order.) Signed by Magistrate Judge Mario Garcia on 1/12/23.(NAD)
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Filing 32
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 1/11/2023. This matter is scheduled for a telephonic status conference on Tuesday, April 11, 2023, at 1:30 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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| Filing 31 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, John M. Mead hereby notifies the Clerk of the court of changed contact information. (Mead, John) |
| Filing 29 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ECURE INDIANA CORP. . (Chan, Eric) |
| Filing 28 REPLY in Support of Motion re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 27 RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff ECURE INDIANA CORP.. (Attachments: #1 Declaration)(Chan, Eric) |
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Filing 26
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Initial Pretrial Conference held on 10/25/2022. The proposed Case Management Plan was discussed. The Court orders parties to meet and confer on a new Case Management Plan to be jointly filed by November 4, 2022. Initial disclosures remain due and to be exchanged by November 28, 2022, by agreement of the parties. This matter is scheduled for a telephonic status conference on Wednesday, January 11, 2023, at 2:00 p.m. (Eastern) to discuss case status. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 25
ORDER granting #24 Motion to Appear pro hac vice. Attorney Avi William Rutschman for ECURE INDIANA CORP. added. Signed by Magistrate Judge Mario Garcia on 10/25/2022. (CBU)
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| Filing 24 MOTION for Attorney(s) Avi W. Rutschman to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7338403), filed by Plaintiff ECURE INDIANA CORP.. (Attachments: #1 Proposed Order)(Rutschman, Avi) |
| Filing 22 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ECURE INDIANA CORP. . (Chan, Eric) |
| Filing 21 BRIEF/MEMORANDUM in Support re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
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Filing 19
ORDER granting #18 Motion to Appear pro hac vice. Attorney Marlee Santos for UNITED HEALTHCARE INSURANCE COMPANY added. Signed by Magistrate Judge Mario Garcia on 9/27/2022. (CBU)
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| Filing 18 MOTION for Attorney(s) Marlee Jean Godinho Santos to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7294158), filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Santos, Marlee) |
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Filing 17
ORDER granting #16 Motion to Appear pro hac vice. Attorney Ashleigh Kaspari for UNITED HEALTHCARE INSURANCE COMPANY added. Signed by Magistrate Judge Mario Garcia on 9/22/2022. (CBU)
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| Filing 16 MOTION for Attorney(s) Ashleigh Kaspari to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7289144), filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Kaspari, Ashleigh) |
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Filing 15
ORDER granting #14 Motion for the Defendant no later than 10/6/2022 to file a response to the Complaint. Signed by Magistrate Judge Mario Garcia on 9/20/2022. (CBU)
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| Filing 14 STIPULATION Extending Time To Respond To Complaint, re #1 Complaint, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) Modified on 9/20/2022 (TRG). |
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Filing 13
SCHEDULING ORDER-TELEPHONIC Initial Pretrial Conference set for 10/25/2022 at 2:30 PM (Eastern) before Magistrate Judge Mario Garcia. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Mario Garcia on 8/24/2022.(CBU)
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| Filing 12 NOTICE Of Parties First Extension of Time, filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY (Wood, Nathanial) Modified on 8/24/2022 - edited title (AKH). |
| Filing 11 NOTICE of Appearance by Nathanial J. Wood on behalf of Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Wood, Nathanial) |
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Filing 10
ORDER granting #9 Motion to Appear pro hac vice. Attorney Nathanial J. Wood for UNITED HEALTHCARE INSURANCE COMPANY added. Signed by Magistrate Judge Mario Garcia on 8/22/2022. (CBU)
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| Filing 9 MOTION for Attorney(s) Nathanial Wood to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7244269), filed by Defendant UNITED HEALTHCARE INSURANCE COMPANY. (Attachments: #1 Text of Proposed Order)(Wood, Nathanial) |
| Filing 8 Corporate Disclosure Statement by ECURE INDIANA CORP.. (Mead, John) |
| Filing 7 RETURN of Service, filed by ECURE INDIANA CORP.. ECURE INDIANA CORP. served on 8/8/2022. (Mead, John) |
| Filing 6 NOTICE of Appearance by Eric D. Chan on behalf of Plaintiff ECURE INDIANA CORP.. (Chan, Eric) |
| Filing 5 Summons Issued as to UNITED HEALTHCARE INSURANCE COMPANY. (AKH) |
| Filing 4 CORRECTED Proposed Summons by ECURE INDIANA CORP.. (Mead, John) Modified on 8/1/2022 - edited title (AKH). |
| Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH) |
| (TEXT ONLY ENTRY) CLERK'S NOTICE - The plaintiff has tendered a summons that is not in compliance with Fed. R. Civ. P. 4(a)(1)(C), which requires a summons to state the name and address of the attorney of plaintiff... Plaintiff has tendered a summons without the contact information for counsel. The Clerk cannot issue a summons that is not properly completed. See Fed. R. Civ. P. 4(b). Plaintiff is directed to resubmit properly completed summons for issuance. (TRG) |
| Filing 2 NOTICE of Appearance by John M. Mead on behalf of Plaintiff ECURE INDIANA CORP.. (Mead, John) |
| Filing 1 COMPLAINT against UNITED HEALTHCARE INSURANCE COMPANY, filed by ECURE INDIANA CORP.. (Filing fee $402, receipt number AINSDC-7210022) (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Mead, John) |
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