Caldwell v. Wellmark, Inc. et al
| Robert Caldwell |
| Independence Blue Cross, Independence Health Group, Inc., Wellmark, Inc. doing business as Wellmark Blue Cross Blue Shield, Independence Health Group, Inc. doing business as Independence Blue Cross, Eurest Services, Inc., Compass Group USA, Inc., Wellmark, Inc. doing business as Wellmark Blue Cross and Blue Shield and QCC Insurance Company |
| 3:2020cv00049 |
| June 4, 2020 |
| US District Court for the Southern District of Iowa |
| Helen C Adams |
| Rebecca Goodgame Ebinger |
| Stephen B Jackson |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 eb |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 57 ANSWER to #13 Amended Complaint by Wellmark, Inc..(Kunert, Mitchell) |
Filing 56
ORDER Re: #16 Defendant Wellmark, Inc.'s Joinder in Motion to Dismiss Count II of Third Amended Complaint. Count II of the third amended complaint is dismissed as to Defendant Wellmark, Inc. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 12/21/2020. (hfh)
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Filing 55
ORDER SETTING STATUS CONFERENCES. See Order for particulars. Status Conference set for 2/5/2021 09:30 AM in Phone Hearing(HCA). Counsel shall call 1-877-336-1829 and enter code 1176783. Hearing will be held before Chief Magistrate Judge Helen C. Adams. Status Conference set for 4/6/2021 09:30 AM in Phone Hearing(HCA). Counsel shall call 1-877-336-1829 and enter code 1176783. Hearing will be held before Chief Magistrate Judge Helen C. Adams. Signed by Chief Magistrate Judge Helen C. Adams on 12/21/2020. (bam)
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| Filing 54 ANSWER to #13 Amended Complaint Third by Compass Group USA, Inc., Eurest Services, Inc., Independence Health Group, Inc., QCC Insurance Company.(Hoffman-Simanek, Patricia) |
| Filing 53 TEXT ORDER granting #50 Motion to Withdraw as Counsel. Attorney Mitchell R. Kunert may be removed as counsel for Defendant Compass Group USA, Inc. Signed by Chief Magistrate Judge Helen C. Adams on 12/9/2020. (bam) |
| Filing 52 NOTICE of Appearance by Patricia L Hoffman-Simanek on behalf of Compass Group USA, Inc. (Hoffman-Simanek, Patricia) |
| Filing 51 TEXT ORDER regarding #50 Motion. Attorney Patricia L Hoffman-Simanek is directed to file an amended or additional appearance by 12/10/2020 indicating whether she is also appearing on behalf of Defendant Compass Group USA, Inc. Signed by Chief Magistrate Judge Helen C. Adams on 12/8/2020. (bam) |
| Filing 50 MOTION to Withdraw as Attorney by Compass Group USA, Inc..Motions referred to Helen C. Adams. Responses due by 12/22/2020. (Kunert, Mitchell) |
| Filing 49 MOTION to Withdraw as Attorney by Eurest Services, Inc., Independence Health Group, Inc., QCC Insurance Company.Motions referred to Helen C. Adams. Responses due by 12/21/2020. (Kunert, Mitchell) |
| Filing 48 NOTICE of Appearance by Patricia L Hoffman-Simanek on behalf of Eurest Services, Inc., Independence Health Group, Inc., QCC Insurance Company (Hoffman-Simanek, Patricia) |
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Filing 47
ORDER Granting #43 Defendant Eurest Services, Inc.'s Motion to Dismiss Count II. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 12/4/2020. (hfh)
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Filing 46
ORDER Granting #15 Defendants Independence Health Group, Inc. and QCC Insurance Company's Motion to Dismiss Count II. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 12/4/2020. (hfh)
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| Filing 45 REPLY Memorandum in Support of Its re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Plaintiff's Third Amended Complaint filed by Eurest Services, Inc..(Kunert, Mitchell) |
| Filing 44 RESPONSE to Motion re #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Plaintiff's Third Amended Complaint filed by Robert Caldwell. Replies due by 12/2/2020. (Attachments: #1 Brief in Support)(Tyler, Mary) |
| Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Plaintiff's Third Amended Complaint by Compass Group USA, Inc., Eurest Services, Inc.. Responses due by 11/25/2020. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Kunert, Mitchell) |
| Filing 42 ***NOTICE OF WITHDRAWAL*** MOTION to Withdraw as Attorney by Compass Group USA, Inc., Eurest Services, Inc..Motions referred to Helen C. Adams. Responses due by 11/20/2020. (Caves, David) Modified on 11/6/2020 (kjw). |
| Filing 41 ***NOTICE OF WITHDRAWAL*** MOTION to Withdraw as Attorney by Compass Group USA, Inc., Eurest Services, Inc..Motions referred to Helen C. Adams. Responses due by 11/20/2020. (Squires, Vernon) Modified on 11/6/2020 (kjw). |
| Filing 40 Corporate Disclosure/Statement of Interest by Compass Group USA, Inc., Eurest Services, Inc.. (Kunert, Mitchell) |
| Filing 39 NOTICE of Appearance by Mitchell R. Kunert on behalf of Compass Group USA, Inc., Eurest Services, Inc. (Kunert, Mitchell) |
| Filing 38 TEXT ORDER granting #35 Motion for Extension of Time to File. Defendants Compass Group USA, Inc. and Eurest Services, Inc. may have to and including 11/20/2020 to Answer or otherwise please to Plaintiffs Third Amended Complaint. Signed by Chief Magistrate Judge Helen C. Adams on 10/22/2020. (bam) |
| Filing 37 SUMMONS Returned Executed by Robert Caldwell. Compass Group USA, Inc. served on 10/2/2020, answer due 10/23/2020. (Tyler, Mary) |
| Filing 36 SUMMONS Returned Executed by Robert Caldwell. Eurest Services, Inc. served on 10/2/2020, answer due 10/23/2020. (Tyler, Mary) |
| Filing 35 Unresisted MOTION for Extension of Time to File Answer by Compass Group USA, Inc., Eurest Services, Inc..Motions referred to Stephen B. Jackson, Jr. (Squires, Vernon) |
| Filing 34 NOTICE of Appearance by David Michael Caves on behalf of Compass Group USA, Inc., Eurest Services, Inc. (Caves, David) |
| Filing 33 NOTICE of Appearance by Vernon P. Squires on behalf of Compass Group USA, Inc., Eurest Services, Inc. (Squires, Vernon) |
| Chief Magistrate Judge Helen C. Adams added. Magistrate Judge Stephen B. Jackson, Jr no longer assigned to case. Motions referred to Helen C. Adams. (don) |
| Filing 32 REPLY Memorandum of Defendants Independence Health Group, Inc. and QCC Insurance Company in Support of Their re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Independence Health Group, Inc., QCC Insurance Company.(Kunert, Mitchell) |
| Filing 31 RESPONSE to Motion re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert Caldwell. Replies due by 10/20/2020. (Attachments: #1 Brief in Support)(Tyler, Mary) |
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Filing 30
TEXT ORDER granting #29 Plaintiff's unopposed Second Motion for Extension of Time to Respond to Defendants' Motion to Dismiss Count II of Plaintiff's Third Amended Complaint. As requested, plaintiff shall have until October 13, 2020 to respond to Defendants' Motion to Dismiss Count II of Plaintiff's Third Amended Complaint #15 . No further extensions should be expected. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/23/2020. (jeb)
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| Filing 29 Second MOTION for Extension of Time to File Response to Defendant's Motion to Dismiss by Robert Caldwell.Motions referred to Stephen B. Jackson, Jr. Responses due by 10/6/2020. (Tyler, Mary) |
| Filing 28 ***Filed in error*** Summons Issued as to Compass Group USA, Inc.. (Tyler, Mary) Modified on 9/22/2020, contacted attorney (kjw). |
| Filing 27 ***Filed in error*** Summons Issued as to Eurest Services, Inc.. (Tyler, Mary) Modified on 9/22/2020, contacted attorney (kjw). |
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Filing 26
ORDER REGARDING FINAL PRETRIAL CONFERENCE REQUIREMENTS. See order for deadlines and form. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/17/2020. (jeb)
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Filing 25
SCHEDULING AND TRIAL SETTING ORDER. Jury Trial set to begin 12/6/2021 9:00 AM in Davenport Courthouse before Judge Rebecca Goodgame Ebinger for an estimated 3 days.. Final Pretrial Conference set for 10/26/2021 11:00 AM in Des Moines Courthouse Room 160 before Judge Rebecca Goodgame Ebinger. Motions to Add Parties due by 11/2/2020. Motions to Amend Pleadings due by 11/2/2020. Plaintiff Expert Witness Disclosures due by 12/1/2020. Defendants Expert Witness Disclosures due by 2/1/2021. Plaintiff Rebuttal Expert Witness Disclosures due by 3/1/2021. Discovery Deadline 4/2/2021. Dispositive Motion Deadline 4/30/2021. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/17/2020. (jeb)
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| Filing 24 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN Amended and Substituted. (Kunert, Mitchell) |
| Filing 23 ***FILED IN ERROR*** PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN AMENDED AND SUBSTITUTED. (Kunert, Mitchell) Modified on 9/17/2020 Termed - see entry #24 (slg). |
| Filing 22 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Stephen B. Jackson, Jr.: Telephonic Scheduling Conference held on 9/11/2020. Attorney Leanne Tyler appeared for plaintiff. Attorney Mitchell Kunert appeared for defendants Wellmark, Inc., Independence Health Group, Inc. and QCC Insurance Company. Parties to submit amended proposed scheduling order and discovery plan to indicate jury demand by plaintiff. Scheduling order to be entered. Court Time: 20 minutes. (jeb) |
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Filing 21
TEXT ORDER granting #19 Plaintiff's unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss Count II of Plaintiff's Third Amended Complaint. As requested, plaintiff shall have until September 29, 2020 to respond to Defendants' Motion to Dismiss Count II of Plaintiff's Third Amended Complaint #15 . Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/8/2020. (jeb)
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| Filing 20 RESPONSE to Motion re #19 MOTION for Extension of Time to File Answer re #16 Joinder, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Independence Health Group, Inc., QCC Insurance Company, Wellmark, Inc.. Replies due by 9/15/2020.(Kunert, Mitchell) |
| Filing 19 MOTION for Extension of Time to File Answer re #16 Joinder, #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert Caldwell.Motions referred to Stephen B. Jackson, Jr. (Tyler, Mary) |
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Filing 18
TEXT ORDER SETTING TELEPHONIC SCHEDULING CONFERENCE: A Telephonic Scheduling Conference shall be held on September 11, 2020 at 1:30 PM before Magistrate Judge Stephen B. Jackson, Jr. To join the conference, counsel shall call 866-590-5055 and utilize access code 8811585. Signed by Magistrate Judge Stephen B. Jackson, Jr. on 9/3/2020. (jeb)
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| Filing 17 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN . (Kunert, Mitchell) |
| Filing 16 Joinder re #15 Motion to Dismiss for Failure to State a Claim, filed by Independence Health Group, Inc. (Kunert, Mitchell) Modified on 8/27/2020 to correct link to motion. (tae) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Independence Health Group, Inc., QCC Insurance Company. Responses due by 9/8/2020. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of the Motion to Dismiss Count II of Plaintiff's Third Amended Complaint, #2 Text of Proposed Order)(Kunert, Mitchell) |
| Filing 14 Summons/Corporate Disclosure Packet Note: Counsel should download the attached summons and/or corporate disclosure packet, if applicable. In compliance with Rule 4 of the Rules of Civil Procedure for summons and Local Rule 7.1 for the disclosure statements. (Attachments: #1 LR 7.1 Packet) (bp) |
| Filing 13 Third AMENDED COMPLAINT against All Defendants. All Defendants., filed by Robert Caldwell.(Tyler, Mary) |
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Filing 12
ORDER Granting #11 Motion to Amend and Denying as moot #3 Motion to Dismiss for Failure to State a Claim. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 8/5/2020. (hfh)
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| Filing 11 MOTION to Amend/Correct Second Amended Petition at Law to Complaint by Robert Caldwell.Motions referred to Stephen B. Jackson, Jr. Responses due by 8/3/2020. (Attachments: #1 Brief in Support OF MOTION TO AMEND, #2 Exhibit Draft Proposed Amended Complaint, #3 Exhibit Redlined Draft Proposed Amended Complaint)(Tyler, Mary) |
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Filing 10
ORDER holding in abeyance #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Independence Health Group, Inc. See Order for particulars. Signed by Judge Rebecca Goodgame Ebinger on 7/13/2020. (tro)
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| Filing 9 REPLY Brief in Support of re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Independence Health Group, Inc.. (Attachments: #1 Exhibit 3)(Kunert, Mitchell) |
| Filing 8 Corporate Disclosure/Statement of Interest by Wellmark, Inc.. (Kunert, Mitchell) |
| Filing 7 Corporate Disclosure/Statement of Interest by Independence Health Group, Inc.. (Kunert, Mitchell) |
| Filing 6 RESPONSE to Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Robert Caldwell. Replies due by 7/1/2020. (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2)(Tyler, Mary) |
| Filing 5 Joinder re #3 Motion to Dismiss for Failure to State a Claim, filed by Independence Health Group, Inc.. (Kunert, Mitchell) |
| Filing 4 NOTICE of Appearance by Mitchell R Kunert on behalf of Wellmark, Inc. (Kunert, Mitchell) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Independence Health Group, Inc.. Responses due by 6/24/2020. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Text of Proposed Order)(Kunert, Mitchell) |
| Filing 2 Corporate Disclosure Packet - Note: Counsel should download the corporate disclosure packet. In compliance with Local Rule 7.1 for the disclosure statements. Corporate Disclosure Statement deadline set for defendant 6/29/2020. (bp) |
| Filing 1 NOTICE OF REMOVAL by Independence Health Group, Inc., Independence Blue Cross from Scott County District Court, case number LACE132825. Filing fee paid in the amount of $ 400, receipt number 0863-4153311., filed by Independence Health Group, Inc., Independence Blue Cross. Rule 16 Notice of Dismissal set for 9/2/2020. (Attachments: #1 Statement of Reason Local Rule 81a Statement, #2 Exhibit A-Petition, #3 Exhibit B- Acceptance of Service, #4 Exhibit C-Amended Petition, #5 Exhibit D-Second Amended Petition, #6 Exhibit E-Acceptance of Service, #7 Exhibit F-Acceptance of Service, #8 Exhibit G-Consent for Removal)(Kunert, Mitchell) |
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