Johnson v. Louisiana Health Service et al
Plaintiff: Tracie Johnson
Defendant: Louisiana Health Service & Indemnity Company, Cintas Corporation Welfare Plan and Anthem Insurance Company
Case Number: 3:2019cv00042
Filed: January 23, 2019
Court: US District Court for the Middle District of Louisiana
Presiding Judge: Brian A Jackson
Referring Judge: Erin Wilder-Doomes
Nature of Suit: Insurance
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 7, 2019 Filing 15 WAIVER OF SERVICE Returned Executed by Tracie Johnson. Anthem Insurance Company waiver sent on 2/28/2019, answer due 4/29/2019. (LaPlace, Andre')
February 28, 2019 Filing 14 NOTICE OF SERVICE by Tracie Johnson (Attachments: #1 Exhibit)(LaPlace, Andre') (Attachment 1 replaced on 2/28/2019) (EDC). Modified on 2/28/2019 to rotate pages. (EDC). Modified on 2/28/2019 to edit text. (EDC).
February 28, 2019 Filing 13 NOTICE OF SERVICE by Tracie Johnson (Attachments: #1 Exhibit)(LaPlace, Andre') Modified on 2/28/2019 to edit text. (EDC).
February 11, 2019 Filing 12 Summons Issued as to Anthem Insurance Company. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (EDC)
February 11, 2019 Filing 10 Summons Submitted (LaPlace, Andre')
February 8, 2019 Filing 11 SECOND AMENDED COMPLAINT against Anthem Insurance Company, Cintas Corporation Welfare Plan, filed by Tracie Johnson.(EDC)
February 8, 2019 Opinion or Order Filing 9 IT IS ORDERED that the #8 Second Motion to Amend Complaint, filed by Tracie Johnson, is GRANTED, as there is no Scheduling Order in place at this time, the Second Motion was filed fifteen days after Plaintiff's #1 original Complaint, no defendants have appeared, leave shall be freely granted pursuant to Fed. R. Civ. P. 15(a), and good grounds exist because Plaintiff seeks to amend to name the correct defendant. The clerk is directed to docket R. Doc. [8-2], which shall become the operative Complaint of Plaintiff in this matter. The Court construes the additional relief sought in #8 , i.e., the Motion to Dismiss Defendant Louisiana Health Service & Indemnity Company (Blue Cross Blue Shield) ("BCBS") as a Fed. R. Civ. P. 41(a)(1)(A) Notice of Voluntary Dismissal, which is timely filed since BCBS has not served an answer or summary judgment motion. And see Variable Annuity Life Ins. Co. v. Penco, Inc., No. 05-2763, 2006 WL 2620422, at *1 (S.D. Tex. Sept. 11, 2006) ("Dismissal without prejudice pursuant to Rule 41(a)(1)(i) is available to dismiss one of multiple defendants.") citing Plains Growers, Inc. v. Florists' Mut. Ins. Co., 474 F.2d 250, 253 (5th Cir. 1973). In light of Plaintiffs Notice, which is self-executing, and the granting of the #8 Second Motion to Amend Complaint, which removes BCBS as a defendant in this matter, BCBS is no longer a party to this proceeding. The clerk is directed to terminate BCBS as a party. Signed by Magistrate Judge Erin Wilder-Doomes on 2/8/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
February 7, 2019 MOTION(S) REFERRED: #8 Second MOTION to Amend #1 Complaint, . This motion is now pending before the USMJ. (ELW)
February 7, 2019 Filing 8 Second MOTION to Amend #1 Complaint, by Tracie Johnson. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(LaPlace, Andre')
February 5, 2019 Opinion or Order Filing 7 ORDER: IT IS ORDERED that the #4 First Motion to Amend #1 Complaint is DENIED AS MOOT in light of Plaintiffs #6 comprehensive Amended Complaint, which shall become Plaintiffs operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 2/5/2019. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
January 31, 2019 Filing 6 AMENDED COMPLAINT against Cintas Corporation Welfare Plan, Louisiana Health Service & Indemnity Company, filed by Tracie Johnson.(LaPlace, Andre')
January 31, 2019 Opinion or Order Filing 5 NOTICE AND ORDER: IT IS ORDERED that within (7) days of this Order, Plaintiff Tracie Johnson shall file a motion to substitute the [4-2] First Amended Complaint with a proposed pleading that is a comprehensive proposed amended complaint that contains all of Plaintiff's numbered allegations, as revised, amended, and/or supplemented and that does not reference any other document in the record, and which, if the #4 First Motion to Amend Original Complaint is granted, shall become the operative complaint in this matter. Signed by Magistrate Judge Erin Wilder-Doomes on 1/31/2018. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(BLR)
January 25, 2019 MOTION(S) REFERRED: #4 First MOTION to Amend #1 Complaint, . This motion is now pending before the USMJ. (ELW)
January 25, 2019 Filing 4 First MOTION to Amend #1 Complaint, by Tracie Johnson. (Attachments: #1 Proposed Pleading;, #2 Proposed Pleading;)(LaPlace, Andre')
January 25, 2019 Opinion or Order Filing 3 ERISA Case Order : In order to facilitate an efficient progression of this action, the parties shall comply with the deadlines stated herein. Signed by Magistrate Judge Erin Wilder-Doomes on 01/25/2019. (ELW)
January 23, 2019 Filing 2 Summons Issued as to All Defendants. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (ELW)
January 23, 2019 Filing 1 COMPLAINT against Cintas Corporation Welfare Plan, Louisiana Health Service & Indemnity Company d/b/a Blue Cross and Blue Shield of Louisiana ( Filing fee $ 400 receipt number ALAMDC-1890039.), filed by Tracie Johnson. (Attachments: #1 Attachment Civil Cover Sheet, #2 Attachment Summons, #3 Attachment Summons)(LaPlace, Andre')

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Defendant: Louisiana Health Service & Indemnity Company
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Defendant: Cintas Corporation Welfare Plan
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Defendant: Anthem Insurance Company
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Plaintiff: Tracie Johnson
Represented By: Andre' Phillip LaPlace
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