Kerry R. et al v. Blue Cross and Blue Shield of Kansas et al
| Kerry R. and A. R. |
| First National Bank Medical Benefits Plan, Blue Cross and Blue Shield of Kansas, Kansas Bankers Association and Health Benefit Plan for Members of the Kansas Bankers Association |
| 5:2019cv04020 |
| March 22, 2019 |
| US District Court for the District of Kansas |
| Sam A Crow |
| James P O'Hara |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 35 MINUTE ORDER granting #33 Motion to Dismiss. See order for details. Signed by Deputy Clerk on 6/19/19. (msb) (Additional attachment(s) added on 6/20/2019: #1 Corrected Minute Order) (msb). |
| Filing 34 RESPONSE by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association re #33 MOTION to Dismiss with Prejudice (Hanna, William) |
| Filing 33 MOTION to Dismiss with Prejudice by Plaintiffs Kerry R. and A.R. (ctv) |
Filing 32
ORDER granting #31 Motion for Extension of Time to File Response to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response deadline 6/14/2019. Entered by U.S. District Senior Judge Sam A. Crow on 6/7/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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| Filing 31 Consent MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs A. R., Kerry R. (Ravis, Talia) |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #31 Consent MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ss) |
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Filing 30
SCHEDULING ORDER: The undersigned magistrate judge's courtroom deputy has conferred with counsel via e-mail. As agreed by the parties, the court finds good cause under Fed. R. Civ. P. 16(b)(2) to defer issuing a detailed scheduling order until after defendants' pending motion to dismiss (ECF No. 25) has been decided by the presiding Senior U.S. District Judge, Sam A. Crow. Within 14 days after Judge Crows rules, if the case remains at issue, counsel must confer and then e-mail a case-management planning report under Fed. R. Civ. P. 26(f) to the undersigned's chambers, using the form posted on the court's website. Signed by Magistrate Judge James P. O'Hara on 6/6/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(O'Hara, James)
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Filing 29
ORDER granting #27 Motion for Extension of Time to File Response to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response deadline 6/7/2019. Entered by U.S. District Senior Judge Sam A. Crow on 5/31/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (msb)
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Filing 28
ORDER granting #26 Motion to Appear Pro Hac Vice of Brian S. King for A. R.,Brian S. King for Kerry R. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by deputy clerk on 5/31/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 27 MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs A. R., Kerry R. (Ravis, Talia) |
| Filing 26 MOTION for attorney Brian S. King to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4821661.) by Plaintiffs A. R., Kerry R. (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Registration Form Registration form for Brian King, #2 Affidavit Brian King Affidavit)(Ravis, Talia) (Additional attachment(s) added on 5/30/2019: #3 Signed Affidavit Page) (gw). |
| MOTION REFERRAL to Magistrate Judge REMOVED as to: #27 MOTION for Extension of Time to File Response to Defendants' Motion to Dismiss as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . The motion will be resolved by the District Judge.(ss) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association (Attachments: #1 Memorandum in support, #2 Declaration of L. Neff, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Sevedge, Christopher) |
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Filing 24
ORDER granting #20 Motion to Appear Pro Hac Vice of Mark C. Nielsen; granting #21 Motion to Appear Pro Hac Vice of Kara Petteway Wheatley; granting #22 Motion to Appear Pro Hac Vice of Jon Breyfogle and; granting #23 Motion to Appear Pro Hac Vice of Paul J. Rinefierd for Blue Cross and Blue Shield of Kansas and Health Benefit Plan for Members of the Kansas Bankers Association pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge James P. O'Hara on 5/10/2019. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ydm) (ydm).
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| Filing 23 MOTION for attorney Paul J. Rinefierd to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4803369.) by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Registration Form, #2 Affidavit)(Sevedge, Christopher) |
| Filing 22 MOTION for attorney Jon W. Breyfogle to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4803359.) by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Registration Form, #2 Affidavit)(Sevedge, Christopher) |
| Filing 21 MOTION for attorney Kara Petteway Wheatley to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4803349.) by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Registration Form, #2 Affidavit)(Sevedge, Christopher) |
| Filing 20 MOTION for attorney Mark C. Nielsen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4803222.) by Defendants Blue Cross and Blue Shield of Kansas, Health Benefit Plan for Members of the Kansas Bankers Association (referred to Magistrate Judge James P. O'Hara) (Attachments: #1 ECF Registration Form, #2 Affidavit)(Sevedge, Christopher) |
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Filing 19
ORDER granting #18 joint motion for extension re #17 Amended Complaint. Defendants shall answer or otherwise respond to plaintiffs' second amended complaint by May 10, 2019. Signed by Magistrate Judge James P. O'Hara on 04/12/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jc)
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| Filing 18 Joint MOTION for Extension of Time to File Answer re #2 Complaint, by Defendants Blue Cross and Blue Shield of Kansas, Blue Cross and Blue Shield of Kansas and the Health Benefit Plan for the Members of the Kansas Bankers Association (referred to Magistrate Judge James P. O'Hara) (Sevedge, Christopher) |
| Filing 17 SECOND AMENDED COMPLAINT against Blue Cross and Blue Shield of Kansas and the Health Benefit Plan for the Members of the Kansas Bankers Association, filed by Kerry R., A. R..(Ravis, Talia) |
| Filing 16 AMENDED COMPLAINT against Blue Cross and Blue Shield of Kansas, Kansas Bankers Association, filed by Kerry R., A. R..(Ravis, Talia) |
| Filing 15 ENTRY OF APPEARANCE by Talia B. Ravis on behalf of All Plaintiffs (Ravis, Talia) |
| Filing 14 ENTRY OF APPEARANCE by William E. Hanna on behalf of Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan. (Hanna, William) |
| Filing 13 ENTRY OF APPEARANCE by Christopher Sevedge on behalf of Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan. (Sevedge, Christopher) |
| Filing 12 Letter from the clerk to counsel regarding pro hac vice requirements (msb) |
| Filing 11 CASE TRANSFERRED IN from District of Utah; Case Number 2:19-cv-00040. Electronic file certified copy of transfer order and docket sheet received. (msb) |
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Filing 10
ORDER Transferring Case to the District of Kansas: Based on the #9 stipulation and joint motion of the parties and pursuant to 28 U.S.C. Section 1404(a), and with good cause appearing, it is hereby ORDERED that this action be transferred to the United States District Court for the District of Kansas, Topeka Division. The Clerk of Court is directed to close this case. Signed by Judge Robert J. Shelby on 3/21/19. (dla) [Transferred from Utah on 3/22/2019.]
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| Filing 9 Stipulated MOTION to Change Venue and Memorandum in Support filed by Defendants Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Petersen, Scott) [Transferred from Utah on 3/22/2019.] |
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Filing 8
ORDER granting #7 Stipulated Motion to Extend Time for Defendant to Respond to Plaintiffs' Complaint: Defendants shall have to and including 4/11/2019 in which to answer, move, or otherwise respond to Plaintiffs' complaint. Signed by Magistrate Judge Evelyn J. Furse on 3/12/19. (dla) [Transferred from Utah on 3/22/2019.]
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| Filing 7 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint, and Memorandum in Support filed by Defendants Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Petersen, Scott) [Transferred from Utah on 3/22/2019.] |
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Filing 6
ORDER granting #5 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for Blue Cross and Blue Shield of Kansas - answer due 3/12/2019. Signed by Judge Robert J. Shelby on 2/11/19. (jwt) [Transferred from Utah on 3/22/2019.]
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| Filing 5 Stipulated MOTION for Extension of Time to File Response/Reply and Memorandum in Support to Respond to Plaintiffs' Complaint filed by Defendants Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan. (Attachments: #1 Text of Proposed Order Proposed Order Extending Deadline to Respond to Complaint) Motions referred to Evelyn J. Furse. Attorney Scott M. Petersen added to party Blue Cross and Blue Shield of Kansas (pty:dft), Attorney Scott M. Petersen added to party First National Bank Medical Benefits Plan(pty:dft)(Petersen, Scott) Modified on 2/11/2019 - motion relief adjusted to Motion for Extension of Time to File Answer(jwt). [Transferred from Utah on 3/22/2019.] |
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Filing 4
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Evelyn J. Furse on 2/8/19. (dla) [Transferred from Utah on 3/22/2019.]
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 2/7/2019. (mjm)[Transferred from Utah on 3/22/2019.]
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| Filing 2 COMPLAINT against Blue Cross and Blue Shield of Kansas, First National Bank Medical Benefits Plan (Filing fee $ 400, receipt number 1088-3185173) filed by Kerry R., A. R.. (Attachments: #1 Civil Cover Sheet civil cover sheet) Assigned to Judge Robert J. Shelby (King, Brian) [Transferred from Utah on 3/22/2019.] |
| Filing 1 Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiffs A. R., Kerry R. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl) [Transferred from Utah on 3/22/2019.] |
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