T.E. v. Anthem Blue Cross and Blue Shield et al
| T. E. |
| Anthem Blue Cross and Blue Shield, Stoll Keenon Ogden and Stoll Keenon Ogden PLLC Benefit Plan |
| 3:2022cv00202 |
| April 14, 2022 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Benjamin Beaton |
| David J Hale |
| Lanny King |
| 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 August 28, 2023. A more recent docket listing may be available from PACER.
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Filing 68
TEXT ORDER by Magistrate Judge Lanny King on 08/28/2023. A Telephonic Status Conference was held on 08/28/2023 in this matter. All parties were represented by counsel on this call. The next Telephonic Status Conference is scheduled for 10/30/2023 at 10:30 a.m. Eastern Time/9:30 a.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.P:0/07(cc: counsel) (MHB)
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Filing 67
ORDER Signed by Magistrate Judge Lanny King on 7/18/2023: Joinder of Parties/Amended Pleadings due by 10/30/2023. Discovery due by 12/11/2023. Dispositive/Daubert Motions due by 1/22/2024. cc: Counsel (DLW)
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Filing 66
TEXT ORDER by Magistrate Judge Lanny King on 07/14/2023. The parties have filed a proposed order extending discovery deadlines in this matter. The Telephonic status conference set for 7/24/2023 is rescheduled for 08/28/2023 at 3:00 p.m. Eastern Time/2:00 p.m. Central Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc:counsel) (MHB)
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Filing 65
Joint MOTION to Amend/Correct #64 Motion to Amend/Correct Errata for ECF 64 by Plaintiff T. E. (Attachments: #1 Errata) (King, Brian)
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Filing 64
Joint MOTION to Amend/Correct #61 Scheduling Order by Plaintiff T. E. (Attachments: #1 Proposed Order) (King, Brian)
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Filing 63
Sealed Document re #61 by Defendant Anthem Blue Cross and Blue Shield (Attachments: #1 Addendum Anthem Admin Record (2 of 5), #2 Addendum Anthem Admin Record (3 of 5), #3 Addendum Anthem Admin Record (4 of 5), #4 Addendum Anthem Admin Record (5 of 5)) (Harrison, Miles)
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Filing 62
NOTICE of Filing Administrative Record Under Seal by Anthem Blue Cross and Blue Shield (Harrison, Miles)
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Filing 61
SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Rule 16 telephonic scheduling conference held on 5/22/2023. With regard to the ERISA claim, Defendants agree to produce to Plaintiff, in lieu of Initial Disclosures, the complete administrative record and all plan documents by 6/27/2023. Defendants agree to file the administrative record, including all plan documents, electronically and under seal (with leave of the Court) by 6/27/2023. Plaintiff shall advise Defendants' counsel of any objections to the Administrative Record by 7/11/2023. Permitted discovery due by 10/27/2023. Amended pleadings/joinder of parties due by 9/14/2023. Telephonic status conference set for 7/24/2023 at 11:30 AM before Magistrate Judge Lanny King. Counsel for the parties shall connect by dialing the tollfree meeting number 1-877-848-7030 and entering access code 7238577# when prompted. Joint status report due by 7/21/2023. Dispositive/Daubert Motions due by 12/8/2023. cc: counsel (SRH)
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Filing 60
Joint REPORT of Rule 26(f) Planning Meeting by T. E. (King, Brian)
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Filing 59
ORDER FOR MEETING AND REPORT by Magistrate Judge Lanny King on 5/1/2023: Telephonic Rule 16 Scheduling Conference set for 5/22/2023 at 11:00 a.m. ET/10:00 a.m. CT before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel (DLW)
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Filing 58
Amended ANSWER to #2 Complaint, by Anthem Blue Cross and Blue Shield. (Harrison, Miles) Modified docket text to add "Amended" on 4/7/2023 (SRH).
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Filing 57
MEMORANDUM OPINION AND ORDER Signed by Judge David J. Hale on 3/24/2023: Anthem's #33 partial motion to dismiss is DENIED. cc: Counsel (DLW)
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Filing 56
RESPONSE TO ORDER TO SHOW CAUSE filed by T. E. (King, Brian)
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Filing 55
NOTICE of Registration for Electronic Service by Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan re 54 Notice of Deficiency, (Sullivan, Donald)
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Filing 54
ATTORNEY NOTICE of Deficiency to Donald P. Sullivan re #43 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 12/16/2022. (KJA)
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Filing 53
SHOW CAUSE ORDER by Magistrate Judge Lanny King on 11/29/2022: Within fourteen days from the entry of this Order, attorneys Brent Newton and Samuel Hall must show cause why they should not be stricken as counsel of record for failing to respond to the Clerk's deficiency notices. cc: Counsel (DLW)
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Filing 52
TEXT ORDER by Magistrate Judge Lanny King on 11/28/2022. A Telephonic Status Conference was held on 11/28/2022. Counsel for the parties were in attendance on this call. The Parties agree that a scheduling order is premature until the pending dispositive motion is addressed. Plaintiff is ordered to contact the Court to reschedule the conference if necessary, following the resolution of the pending motion. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P: 0/06) (cc:counsel) (MHB)
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Filing 51
TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to GO 22-12, this matter is reassigned to the docket of Judge David J. Hale for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 50
TEXT ORDER by Magistrate Judge Lanny King on 09/26/2022. On joint request of the parties, the Telephonic Rule 16 Scheduling Conference scheduled for 9/26/2022 is rescheduled to 11/28/2022 at 11:30 a.m. Eastern Time (10:30 a.m. Central Time) before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc:counsel) (MHB)
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Filing 49
NOTICE of Appearance by Trevor M. Nichols on behalf of Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Nichols, Trevor)
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Filing 48
TEXT ORDER by Magistrate Judge Lanny King on 08/22/2022. On joint request of the parties, the Telephonic Rule 16 Scheduling Conference set for 8/22/2022 is rescheduled to 9/26/2022 at 3:30 p.m. Eastern Time (2:30 p.m. Central Time) before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB)
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Filing 47
REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to Dismiss Second Cause of Action) filed by Anthem Blue Cross and Blue Shield. (Harrison, Miles)
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Filing 46
ORDER Signed by Magistrate Judge Lanny King on 6/29/2022 granting #45 Motion to Withdraw M. Christopher Moon as Attorney. cc: Counsel (JM)
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Filing 45
MOTION to Withdraw as Attorney . (Continue to receive notice:Yes) by Defendants Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Attachments: #1 Proposed Order to Withdraw Counsel) (Smith, Adair)
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Filing 44
TEXT ORDER by Magistrate Judge Lanny King on 06/23/2022. On joint request of the parties, the Telephonic Rule 16 Scheduling Conference set for 06/27/2022 is rescheduled to 8/22/2022 at 12:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB)
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Filing 43
ORDER Signed by Magistrate Judge Lanny King on 6/22/2022 granting #42 Motion for Attorney Donald P. Sullivan to Appear Pro Hac Vice. cc: Counsel (JM)
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Filing 42
MOTION for Donald P. Sullivan to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3601942. by Defendants Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Attachments: #1 Proposed Order for Admission Pro Hac Vice) (Smith, Adair) (Additional attachment(s) added on 6/16/2022: #2 Exhibit Certificate of Service) (DeW).
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Filing 41
NOTICE of Appearance by Adair Smith on behalf of Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Smith, Adair)
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Filing 40
ORDER Signed by Magistrate Judge Lanny King on 6/13/2022: The #30 Motion to Withdraw of Timothy C. Houpt, Mark D. Tolman, and Angela Shewan of the law firm Jones Waldo Holbrook & McDonough P.C., as counsel of record for Anthem is GRANTED. cc: Counsel (DLW)
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Filing 39
RESPONSE to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to Dismiss Second Cause of Action) filed by T. E.. (Attachments: #1 Proposed Order Proposed Order) (King, Brian)
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Filing 38
NOTICE of filing Proposed Order by T. E. re #36 Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to Dismiss Second Cause of Action) (Attachments: #1 Proposed Order) (King, Brian)
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Filing 37
TEXT ORDER: In response to Plaintiffs' unopposed motion for an extension of time to file a response to the motion to dismiss (DN #36 ), the Court grants the motion and extends the deadline to 06/13/2022. Defendants' reply will be due July 1, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (JM)
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Filing 36
Joint MOTION for Extension of Time to File Response/Reply as to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to Dismiss Second Cause of Action) by Plaintiff T. E. (King, Brian) (Additional attachment(s) added on 6/13/2022: #1 Proposed Order) (DeW).
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Filing 35
ORDER FOR MEETING AND REPORT (EBOC) by Judge Beaton on 6/1/2022. Telephonic Rule 16 Case Management Conference set for 6/27/2022 at 3:00 PM before Magistrate Judge Lanny King. Counsel for the parties shall connect to the conference by dialing the toll-free number 1-877-848-7030 and entering access code 7238577. cc: counsel (JM)
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Filing 34
ORDER Signed by Magistrate Judge Lanny King on 5/19/2022 granting #29 Motion for Attorney Brian S. King to Appear Pro Hac Vice. cc: Counsel (DeW)
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Filing 33
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (to Dismiss Second Cause of Action) by Defendant Anthem Blue Cross and Blue Shield (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Proposed Order Granting Motion to Dismiss) (Harrison, Miles)
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Filing 32
ANSWER to #2 Complaint, by Anthem Blue Cross and Blue Shield. (Harrison, Miles)
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Filing 31
ATTORNEY NOTICE of Deficiency to Donald Sullivan.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 5/20/2022. (KJA)
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Filing 30
MOTION to Withdraw as Attorney & Entry of Appearance. (Continue to receive notice:Yes) by Defendant Anthem Blue Cross and Blue Shield (Attachments: #1 Proposed Order to Withdraw) (Harrison, Miles)
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Filing 29
MOTION for Brian S. King to Appear Pro Hac Vice Filing fee $ 125, receipt number AKYWDC-3569469. by Plaintiff T. E. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order) (Fairbanks, Philip)
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Filing 28
NOTICE of Appearance by Philip G. Fairbanks on behalf of T. E. (Fairbanks, Philip)
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Filing 27
AGREED ORDER Signed by Magistrate Judge Lanny King on 8/21/2022 granting #24 Proposed Agreed Order. Defendants shallhave up to and including May 16, 2022, to file its initial responsive pleading to the Complaint. cc: Counsel (JM)
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Filing 26
TEXT ORDER signed by Magistrate Judge Lanny King on 04/21/2022: denying without prejudice [DN #23] Motion to Substitute Attorney. Counsel of record shall refer to Local Rule 83.6 regarding the withdrawal of attorneys in civil cases and file a new motion with the Court. (cc: Counsel)(MHB)
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Filing 25
TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court refers this matter to Magistrate Judge Lanny King for hearing and determining all pretrial matters, including non-dispositive motions. Judge King may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (SMJ)
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Filing 24
Proposed Agreed Order for Extension of Time by Anthem Blue Cross and Blue Shield. (Harrison, Miles)
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Filing 23
MOTION to Substitute Attorney by Defendant Anthem Blue Cross and Blue Shield (Attachments: #1 Proposed Order Granting Substitution) (Harrison, Miles)
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Filing 22
ATTORNEY NOTICE of Deficiency issued to Attorney Timothy Houpt re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 21
ATTORNEY NOTICE of Deficiency issued to Attorney Samuel Hall re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 20
ATTORNEY NOTICE of Deficiency issued to Attorney Mark Tolman re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 19
ATTORNEY NOTICE of Deficiency issued to Attorney Christopher Moon re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 18
ATTORNEY NOTICE of Deficiency issued to Attorney Brian King re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 17
ATTORNEY NOTICE of Deficiency issued to Attorney Brent Newton re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 16
ATTORNEY NOTICE of Deficiency issued to Attorney Angela Shewan re #14 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 4/28/2022. (JM)
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Filing 15
Case Assignment (Random Selection): Case Assigned to Judge Ben Beaton. (JM)
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Filing 14
Case transferred in from District of Utah; Case Number 1:22-cv-00010. Original file certified copy of transfer order and docket sheet received. (JM)
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Filing 13
MEMORANDUM DECISION granting #11 Motion to Change Venue and denying Motion to Extend Deadline to Respond to Complaint. The parties may move for such an extension in the transferee court. Signed by Judge Jill N. Parrish on 4/14/22. (alf) [Transferred from utd on 4/14/2022.]
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Filing 12
Motions No Longer Referred: #11 Stipulated MOTION to Change Venue and Memorandum in Support and to Extend Deadline to Respond to Complaint. (skd) [Transferred from utd on 4/14/2022.]
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Filing 11
Stipulated MOTION to Change Venue and Memorandum in Support and to Extend Deadline to Respond to Complaint filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Angela Shewan added to party Anthem Blue Cross and Blue Shield(pty:dft)(Shewan, Angela) [Transferred from utd on 4/14/2022.]
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Filing 10
NOTICE of Appearance by M. Christopher Moon on behalf of Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Moon, M.) [Transferred from utd on 4/14/2022.]
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Filing 9
WAIVER OF SERVICE Returned Executed filed by T. E. as to Stoll Keenon Ogden Waiver sent on 2/14/2022, answer due 4/15/2022. (King, Brian) [Transferred from utd on 4/14/2022.]
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Filing 8
WAIVER OF SERVICE Returned Executed filed by T. E. as to Stoll Keenon Ogden PLLC Benefit Plan Waiver sent on 2/14/2022, answer due 4/15/2022. (King, Brian) [Transferred from utd on 4/14/2022.]
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Filing 7
WAIVER OF SERVICE Returned Executed filed by T. E. as to Anthem Blue Cross and Blue Shield Waiver sent on 2/14/2022, answer due 4/15/2022. (King, Brian) [Transferred from utd on 4/14/2022.]
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Filing 6
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #3 filed by Plaintiff T. E. (King, Brian) [Transferred from utd on 4/14/2022.]
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Filing 5
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 Jared C. Bennett on 2/9/22. (alf) [Transferred from utd on 4/14/2022.]
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Filing 4
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 02/08/2022. (lwh) [Transferred from utd on 4/14/2022.]
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Filing 3
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 02/08/2022. (lwh) [Transferred from utd on 4/14/2022.]
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Filing 2
COMPLAINT against Anthem Blue Cross and Blue Shield, Stoll Keenon Ogden, Stoll Keenon Ogden PLLC Benefit Plan (Filing fee $ 402, receipt number AUTDC-4222739) filed by T. E.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (King, Brian) [Transferred from utd on 4/14/2022.]
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Filing 1
Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiff T. E. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt) [Transferred from utd on 4/14/2022.]
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