Wisbar et al v. Blue Cross Blue Shield of Texas
Plaintiff: Frederick Wisbar, Rebecca Wisbar and Taylor Wisbar
Defendant: Blue Cross Blue Shield of Texas and Health Care Service Corp. doing business as Blue Cross Blue Shield of Texas
Case Number: 3:2020cv00732
Filed: October 27, 2020
Court: US District Court for the Middle District of Louisiana
Presiding Judge: John W deGravelles
Referring Judge: Erin Wilder-Doomes
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2020 Opinion or Order Filing 20 ORDER: GRANTING the #18 Motion to Strike the Incorrectly Filed 17 Opposition to MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3), or in the Alternative, Motion for Leave to Amend Plaintiff's First Amended Complaint filed by Plaintiffs Frederick Wisbar and Taylor Wisbar. R. Doc. 17 is HEREBY STRICKEN FROM THE RECORD. Signed by Magistrate Judge Erin Wilder-Doomes on 12/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
December 23, 2020 Opinion or Order Filing 19 MEMORANDUM in Opposition to Defendant's Partial #11 MOTION to Dismiss Plaintiff's Amended Complaint filed by Frederick Wisbar, Taylor Wisbar. (Bargas, Valerie) Modified on 12/23/2020 to edit text (LLH).
December 23, 2020 Opinion or Order Filing 18 MOTION to Strike an Incorrectly Filed Document 17 Opposition to #11 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3) , or in the Alternative, MOTION for Leave to Amend Plaintiff's First Amended Complaint by Frederick Wisbar, Taylor Wisbar. (Attachments: #1 Proposed Pleading; Order on Motion to Strike Pleading)(Bargas, Valerie)
December 22, 2020 Opinion or Order Filing 17 STRICKEN FROM THE RECORD Opposition to #11 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3) , or in the Alternative, MOTION for Leave to Amend Plaintiff's First Amended Complaint filed by Frederick Wisbar, Taylor Wisbar. (Bargas, Valerie) Modified on 12/22/2020 to edit the docket text (KMW). Modified on 12/23/2020 to remove document as it has been stricken by Order #20 (LLH).
December 22, 2020 Opinion or Order Filing 16 Joint STATUS REPORT by Frederick Wisbar, Taylor Wisbar. (Bargas, Valerie)
December 22, 2020 Opinion or Order MOTION(S) REFERRED: 17 Opposition to #11 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3) , or in the Alternative, MOTION for Leave to Amend Plaintiff's First Amended Complaint. This motion is now pending before the USMJ. (KMW)
December 16, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion for Dianna C. Wyrick to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 12/16/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
December 15, 2020 Opinion or Order Filing 14 ORDER:In light of the First Amended Complaint (Doc. 10), IT IS ORDERED that the Defendant's Motion to Dismiss and to Strike Jury Demand (Doc. 4) is DENIED WITHOUT PREJUDICE. The Court notes that Defendant has filed a Motion to Dismiss the amended complaint (Doc. 11.). Signed by Judge John W. deGravelles on 12/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
December 10, 2020 Opinion or Order MOTION(S) REFERRED: #13 MOTION for Dianna C. Wyrick to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2218431). This motion is now pending before the USMJ. (ELW)
December 9, 2020 Opinion or Order Filing 13 MOTION for Dianna C. Wyrick to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2218431) by Health Care Service Corp.. (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 Proposed Pleading; Order)(Babineaux, Joel)
December 8, 2020 Opinion or Order Filing 12 NOTICE of Briefing Schedule on #11 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
December 7, 2020 Opinion or Order Filing 11 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Cause of Action Pursuant to 29 U.S.C. Sect. 1132(a)(3) by Health Care Service Corp.. (Attachments: #1 Proposed Pleading; Order, #2 Memorandum in Support)(Babineaux, Joel)
November 23, 2020 Opinion or Order Filing 10 FIRST AMENDED COMPLAINT against Health Care Service Corp., filed by Frederick Wisbar, Taylor Wisbar.(EDC)
November 23, 2020 Opinion or Order Filing 9 NOTICE AND ORDER: IT IS ORDERED that the #8 Unopposed Motion for Leave to File First Amended Complaint, filed by Plaintiffs, is GRANTED pursuant to Fed. R. Civ. P. 15(a)(1)(B), as the Motion for Leave was filed within twenty-one days of Defendants Fed. R. Civ. P. 12(b)(6) Motion to Dismiss. Furthermore, Defendant has no opposition to the Motion. Accordingly, the Clerk of Court is directed to docket the [8-4] First Amended Complaint into the record of this matter, which shall become the operative complaint of Plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 11/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EWD)
November 17, 2020 Opinion or Order MOTION(S) REFERRED: #8 Unopposed MOTION for Leave to File First Amended Complaint. This motion is now pending before the USMJ. (EDC)
November 16, 2020 Opinion or Order Filing 8 Unopposed MOTION for Leave to File First Amended Complaint by Frederick Wisbar, Rebecca Wisbar, Taylor Wisbar. (Attachments: #1 Memorandum in Support of Unopposed Motion for Leave to File First Amended Complaint, #2 Exhibit A to Unopposed Motion for Leave to File First Amended Complaint, #3 Proposed Pleading; Order on Unopposed Motion for Leave to File First Amended Complaint, #4 Proposed Pleading; First Amended Complaint)(Bargas, Valerie) Modified on 11/17/2020 to edit text. (EDC).
November 4, 2020 Opinion or Order Filing 7 ORDER granting #5 Motion for Meredith Shippee to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 11/4/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR)
November 4, 2020 Opinion or Order Filing 6 NOTICE of Briefing Schedule on #4 MOTION to Dismiss MOTION to Strike Jury Demand : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC)
November 4, 2020 Opinion or Order MOTION(S) REFERRED: #5 MOTION for Meredith Shippee to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2196337). This motion is now pending before the USMJ. (EDC)
November 3, 2020 Opinion or Order Filing 5 MOTION for Meredith Shippee to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2196337) by Blue Cross Blue Shield of Texas. (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 Proposed Pleading; Order)(Babineaux, Joel)
November 3, 2020 Opinion or Order Filing 4 MOTION to Dismiss for Failure and to Strike Jury Demand by Blue Cross Blue Shield of Texas. (Attachments: #1 Memorandum in Support)(Babineaux, Joel) Modified on 11/3/2020 to edit the docket text (SWE).
October 27, 2020 Opinion or Order Filing 3 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 1/7/2021 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 12/24/2020. Signed by Magistrate Judge Erin Wilder-Doomes on 10/27/2020. (BLR)
October 27, 2020 Opinion or Order Filing 2 Corporate Disclosure Statement by Blue Cross Blue Shield of Texas (Babineaux, Joel)
October 27, 2020 Opinion or Order Filing 1 NOTICE OF REMOVAL from 19th JDC, East Baton Rouge Parish, State of Louisiana, Case Number C-699804 26. (Filing fee $ 400 receipt number ALAMDC-2192701), filed by Blue Cross Blue Shield of Texas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Babineaux, Joel)

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Plaintiff: Frederick Wisbar
Represented By: Valerie Briggs Bargas
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Plaintiff: Rebecca Wisbar
Represented By: Valerie Briggs Bargas
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Plaintiff: Taylor Wisbar
Represented By: Valerie Briggs Bargas
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Defendant: Blue Cross Blue Shield of Texas
Represented By: Joel Paul Babineaux
Represented By: Karen Bordelon
Represented By: Meredith Shippee
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Defendant: Health Care Service Corp. doing business as Blue Cross Blue Shield of Texas
Represented By: Karen Bordelon
Represented By: Dianna C. Wyrick
Represented By: Joel Paul Babineaux
Represented By: Meredith Shippee
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