R.S. v. Humana Insurance Company
| R. S. |
| Humana Insurance Company |
| 3:2024cv00504 |
| September 5, 2024 |
| US District Court for the Western District of Kentucky |
| Regina S Edwards |
| Rebecca Grady Jennings |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on October 28, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 Corporate Disclosure Statement (pursuant to Rule 7.1(a)) identifying Corporate Parent CareNetwork, Inc. for Humana Insurance Company; filed by Humana Insurance Company. (Mazzola, Matthew) |
Filing 37
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Regina S. Edwards on 10/24/2024. Telephonic Rule 16 Case-Management Conference set for 12/11/2024 at 11:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-650-479-3207, Access Code 2316 055 1079. cc: Counsel (SMJ)
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Filing 36
TEXT ORDER by Judge Rebecca Grady Jennings on 10/23/2024; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Regina S. Edwards for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Edwards.Pursuant to 28 U.S.C. Section 636(c), and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States magistrate judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (https://www.kywd.uscourts.gov/sites/kywd/files/forms/ao085-1-Notice-Consent.pdf) and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel,CM-RSE. (ARM)
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| Filing 35 NOTICE of Deficiency re #34 Answer to Complaint. Reason for Deficiency: no corporate disclosure statement. Failure to comply will be brought to the attention of the Court. Response due by 11/6/2024. (SMJ) |
| Filing 34 ANSWER to #1 Complaint ,with Affirmative Defenses by Humana Insurance Company. (Bernstein, Michael) |
| Filing fee: $ 300.00 receipt number 300009528 re #31 MOTION for Matthew P. Mazzola to Appear Pro Hac Vice filed by Humana Insurance Company, #30 MOTION for Michael H. Bernstein to Appear Pro Hac Vice filed by Humana Insurance Company (SLK) |
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Filing 33
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 9/20/2024 granting #31 Motion to Appear Pro Hac Vice. Matthew P. Mazzola is granted leave to appear pro hac vice for the Defendant in this action. cc: Counsel (DLW)
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Filing 32
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 9/20/2024 granting #30 Motion to Appear Pro Hac Vice. Michael H. Bernstein is granted leave to appear pro hac vice for the Defendant in this action. cc: Counsel (DLW)
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| Filing 31 MOTION for Matthew P. Mazzola to Appear Pro Hac Vice by Defendant Humana Insurance Company. (*admission fee paid by check) (Attachments: #1 Proposed Order) (SMJ) |
| Filing 30 MOTION for Michael H. Bernstein to Appear Pro Hac Vice by Defendant Humana Insurance Company. (*admission fee paid by check) (Attachments: #1 Proposed Order) (SMJ) |
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Filing 29
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 9/13/2024 granting #28 Motion for Brian S. King to Appear Pro Hac Vice. cc: Counsel (DeW)
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| Filing 28 MOTION for Brian S. King to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-4103306. by Plaintiff R. S. (King, Brian) |
| Filing 27 ATTORNEY NOTICE of Deficiency to Michael H. Bernstein re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/26/2024. (KJA) |
| Filing 26 ATTORNEY NOTICE of Deficiency to Samuel Martin Hall re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/23/2024. (KJA) |
| Filing 25 ATTORNEY NOTICE of Deficiency to Brent J. Newton re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/23/2024. (KJA) |
| Filing 24 ATTORNEY NOTICE of Deficiency to Brian Smith King re #22 Case Transferred In - District Transfer.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 9/23/2024. (KJA) |
| Filing 23 Case Assignment (Random Selection): Case Assigned to Judge Rebecca G. Jennings. (JM) |
| Filing 22 Case transferred in from District of Utah; Case Number 1:24-cv-00037. Original file certified copy of transfer order and docket sheet received. (JM) |
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Filing 21
ORDER granting #20 Motion to Change Venue. This case is HEREBY TRANSFERRED to the United States District Court for the Western District of Kentucky. Signed by Magistrate Judge Jared C. Bennett on 09/04/2024. (kpf) [Transferred from utd on 9/5/2024.]
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| Filing 20 Stipulated MOTION to Change Venue Transferring the Case to the Western District of Kentucky filed by Plaintiff R. S.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(King, Brian) [Transferred from utd on 9/5/2024.] |
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Filing 19
ORDER granting #17 Motion for Extension of Time. The response to the Motion to Dismiss or Transfer should be filed on or before September 4, 2024. Signed by Judge David Barlow on 8/29/24. (jrj) [Transferred from utd on 9/5/2024.]
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| Filing 18 Motion No Longer Referred: #17 Plaintiff's Motion for Extension of Time Time to Respond to Defendant's Motion to Dismiss or Transfer. District Judge David Barlow will handle the motion. (kbm) [Transferred from utd on 9/5/2024.] |
| Filing 17 Plaintiff's MOTION for Extension of Time Time to Respond to Defendant's Motion to Dismiss or Transfer filed by Plaintiff R. S.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(King, Brian) [Transferred from utd on 9/5/2024.] |
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss and Memorandum in Support or alternatively, to transfer venue to the Western District of Texas. The court orders that the response to the Motion to Dismiss or Transfer be filed on or before August 28, 204. Responses due by 8/28/2024. Signed by Judge David Barlow on 08/12/2024. (kpf) [Transferred from utd on 9/5/2024.]
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| Filing 15 Stipulated MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss and Memorandum in Support or alternatively, to transfer venue to the Western District of Texas and Memorandum in Support filed by Plaintiff R. S.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(King, Brian) [Transferred from utd on 9/5/2024.] |
| Filing 14 MOTION to Dismiss and Memorandum in Support or alternatively, to transfer venue to the Western District of Texas filed by Defendant Humana Insurance Company. (Attachments: #1 Exhibit 1 - a true and correct copy of a printout from the Texas Comptroller of Public Accounts, #2 Exhibit 2 - Kentucky Secretary of State - Humana Insurance Company, #3 Exhibit 3 - Franchise Tax Account Status - Humana Health Plan of Texas, #4 Affidavit - Declaration of Randi Maloney, #5 Exhibit A - a true and correct copy of the Master Group Contract for the ArchPoint Group Health Plan effective January 1, 2021, #6 Exhibit B - a true and correct copy of the Master Group Contract for the ArchPoint Group Health Plan effective January 1, 2022)(Bernstein, Michael) [Transferred from utd on 9/5/2024.] |
| Filing 13 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendant Humana Insurance Company, Plaintiff R. S.. (kpf)[Transferred from utd on 9/5/2024.] |
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Filing 12
ORDER granting #11 Motion for Extension of Time to Answer re Motion for an Extension of Time to Respond to the Complaint,. Answer deadline updated for Humana Insurance Company answer due 7/15/2024. Signed by Magistrate Judge Jared C. Bennett on 07/12/2024. (kpf) [Transferred from utd on 9/5/2024.]
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| Filing 11 Stipulated MOTION for Extension of Time to File Answer , Request for an Extension of Time to Respond to the Complaint, filed by Defendant Humana Insurance Company. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Bernstein, Michael) [Transferred from utd on 9/5/2024.] |
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Filing 10
ORDER granting #9 Motion for Extension of Time to Answer re #9 Stipulated MOTION for Extension of Time to File Answer , Request for an Extension of Time to Respond to the Complaint,. Answer deadline updated for Humana Insurance Company answer due 7/11/2024. Signed by Magistrate Judge Jared C. Bennett on 7/2/24. (jrj) [Transferred from utd on 9/5/2024.]
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| Filing 9 Stipulated MOTION for Extension of Time to File Answer , Request for an Extension of Time to Respond to the Complaint, filed by Defendant Humana Insurance Company. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(Bernstein, Michael) [Transferred from utd on 9/5/2024.] |
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Filing 8
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 6/17/2024. (haa) [Transferred from utd on 9/5/2024.]
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer re #1 Complaint. Answer deadline updated for Humana Insurance Company answer due 7/1/2024. Signed by Magistrate Judge Jared C. Bennett on 06/17/2024. (kpf) [Transferred from utd on 9/5/2024.]
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Filing 6
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Jared C. Bennett. Signed by Magistrate Judge Jared C. Bennett on 6/17/24. (kbm) [Transferred from utd on 9/5/2024.]
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| Filing 5 Stipulated MOTION for Extension of Time to File Answer filed by Defendant Humana Insurance Company. (Attachments: #1 Text of Proposed Order) Attorney Michael H. Bernstein added to party Humana Insurance Company(pty:dft)(Bernstein, Michael) [Transferred from utd on 9/5/2024.] |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by R. S. (King, Brian) [Transferred from utd on 9/5/2024.] |
| Filing 3 RECEIVED Magistrate Availability Form from Plaintiff R. S.. (mh) [Transferred from utd on 9/5/2024.] |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff R. S.. Form due by 3/26/2024. (haa)[Transferred from utd on 9/5/2024.] |
| Judge David Barlow added. Case number will now read 1:24-cv-00037-DBB. Please make changes to document captions accordingly. (haa) [Transferred from utd on 9/5/2024.] |
| Filing 1 COMPLAINT against Humana Insurance Company (Filing fee $ 405, receipt number AUTDC-4988355) filed by R. S.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from utd on 9/5/2024.] |
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