RICKARDS v. CORIZON HEALTH INC
| TRACI L RICKARDS |
| CORIZON HEALTH INC |
| 2:2018cv00384 |
| September 20, 2018 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| GEORGE Z SINGAL |
| LANCE E WALKER |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. § 12101 |
| Both |
Docket Report
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This docket was last retrieved on November 8, 2018. A more recent docket listing may be available from PACER.
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| Filing 27 AFFIDAVIT of Danielle Y. Vanderzanden re #26 First MOTION to Set Aside 23 Order on Motion for Entry of Default, filed by CORIZON HEALTH INC. (Attachments: #1 Exhibit A - 7/19/18 Email, #2 Exhibit B - 9/19/18 Email, #3 Exhibit C - 9/25/18 Email, #4 Exhibit D - Calendar 9/10-9/14/18)(VANDERZANDEN, DANIELLE) |
| Filing 26 First MOTION to Set Aside 23 Order on Motion for Entry of Default, by CORIZON HEALTH INC Responses due by 11/29/2018. (VANDERZANDEN, DANIELLE) |
Filing 25
ORDER overruling #20 Objection to #18 State Court Record and denying Request for Sanctions By JUDGE LANCE E. WALKER. (jwr)
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Filing 24
ORDER denying #9 Motion to Remand to State Court; denying #9 Motion to Deny Removal. Plaintiffs argument that Defendant ought not be allowed to avoid an entry of default by the clerk in the Courts of Maine by removing the case to this Court is a normative statement that does not also find support in the text of the relevant statute. The removal statute allows removal of a pending civil action. The mere entry of default on the day the case was removed to this Court does not, and did not, bring finality to the pending action. By JUDGE LANCE E. WALKER. (jwr)
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| Filing 22 AFFIDAVIT of Jillian R. O'Brien re #21 Response to Objection filed by CORIZON HEALTH INC. (VANDERZANDEN, DANIELLE) |
| Filing 21 RESPONSE to #20 OBJECTION to #18 State Court Record and Request for Sanctions filed by CORIZON HEALTH INC. (VANDERZANDEN, DANIELLE) |
| Case reassigned to JUDGE LANCE E. WALKER. JUDGE GEORGE Z. SINGAL no longer assigned to the case. (mjlt) |
| Filing 20 OBJECTION to #18 State Court Record and Request for Sanctions filed by TRACI L RICKARDS. Responses due by 11/2/2018. (Attachments: #1 Exh A Docket Record)(WEBBER, REBECCA) |
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Filing 23
ORDER per the filing of the Supplemental Record granting #3 Motion for Entry of Default (no answer or responsive pleading having been filed in State Court) as to CORIZON HEALTH INC; default was entered on 9/20/2018 in State Court. By Rodrigue, DEPUTY CLERK. (jwr)
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| Filing 19 CERTIFICATE OF SERVICE by CORIZON HEALTH INC re #18 State Court Record (VANDERZANDEN, DANIELLE) |
| Filing 18 SUPPLEMENTAL STATE COURT RECORD with Affidavit by CORIZON HEALTH INC. (Attachments: #1 Exhibit A - Maine Superior Court Docket Record)(VANDERZANDEN, DANIELLE) Modified on 10/18/2018 to clean up docket text (lrc). |
| Filing 17 AFFIDAVIT of Danielle Y. Vanderzanden IN SUPPORT OF OPPOSITION TO REMAND filed by CORIZON HEALTH INC. (Attachments: #1 Exhibit Ex 1-Stamped Copy of Removal Documents to USDC)(VANDERZANDEN, DANIELLE) |
| Filing 16 RESPONSE to Motion re #9 MOTION to Remand to State Court MOTION to Deny Removal filed by CORIZON HEALTH INC. Reply due by 10/29/2018. (VANDERZANDEN, DANIELLE) Modified on 10/30/2018 to clean-up docket text (jwr). |
| Filing 15 REPLY to Response to Motion re #3 MOTION for Entry of Default MOTION for Default Judgment as to filed by TRACI L RICKARDS. (WEBBER, REBECCA) Modified on 10/12/2018 to clean up docket text (lrc). |
| Filing 14 RESPONSE to Motion re #3 MOTION for Entry of Default, MOTION for Default Judgment filed by CORIZON HEALTH INC. Reply due by 10/25/2018. (VANDERZANDEN, DANIELLE) Modified on 10/11/2018 to clean up docket text (lrc). |
| Filing 13 REPLY to Response to Motion re #3 MOTION for Entry of Default MOTION for Default Judgment as to filed by TRACI L RICKARDS. (Attachments: #1 Exh A -- state court entry of default)(WEBBER, REBECCA) |
| Filing 11 AFFIDAVIT OF COMPLIANCE WITH PROCEDURAL ORDER RE STATE COURT RECORD filed by CORIZON HEALTH INC. (Attachments: #1 Ex A - Transmittal Letters)(VANDERZANDEN, DANIELLE) Modified on 9/28/2018 to clarify docket text(lrc). |
| Filing 10 DEFENDANT'S ANSWER to Complaint with Jury Demand by CORIZON HEALTH INC.(VANDERZANDEN, DANIELLE) |
| Filing 12 RESPONSIVE pleading re #3 MOTION for Entry of Default and MOTION for Default Judgment as to filed by TRACI L RICKARDS. No PDF Documents is attached to this docket entry. To view the response to motion, see ECF No. 9. Reply due by 10/9/2018. (lrc) Modified on 10/30/2018 to clarify docket text (jwr). |
| Filing 9 MOTION to Remand to State Court , MOTION to Deny Removal, and Response to Motion for Default #3 by TRACI L RICKARDS Responses due by 10/15/2018. (Attachments: #1 Exh A -- state court entry of default)(WEBBER, REBECCA). Added MOTION on 9/25/2018 (akr). |
| Filing 8 NOTICE of Appearance by JORDAN PAYNE HAY on behalf of TRACI L RICKARDS (HAY, JORDAN) |
| Filing 7 PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 9/28/2018. By DEPUTY CLERK: Susan Way. (sfw) |
| Set Answer Deadline Regarding Notice of Removal for CORIZON HEALTH INC : Answer due by 9/27/2018. (sfw) |
| Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1903813.), filed by CORIZON HEALTH INC.(VANDERZANDEN, DANIELLE) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by CORIZON HEALTH INC. (sfw) |
| Filing 5 DEMAND for Trial by Jury by CORIZON HEALTH INC. (sfw) |
| Filing 4 NOTICE of Appearance by DANIELLE Y. VANDERZANDEN on behalf of CORIZON HEALTH INC (sfw) |
| Filing 3 MOTION for Entry of Default, MOTION for Default Judgment as to CORIZON HEALTH INC.(Filed as Exhibit 4 to Notice of Removal) Motions served on Defendant on 9/18/2018. by TRACI L RICKARDS Responses due by 10/11/2018. (sfw) Modified on 10/4/2018 to add text "Filed as Exhibit 4 to Notice of Removal" (sfw). |
| Filing 2 CIVIL COVER SHEET. (sfw) |
| Filing 1 NOTICE OF REMOVAL with State Court Pleadings Summons, Complaint from Cumberland County Superior Court, case number CV-18-372. PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by CORIZON HEALTH INC. (Service of Process Deadline 12/19/2018) Fee due by 9/24/2018. (Attachments: #1 Exhibit 1 : Summons in State Court, #2 Exhibit 2: Complaint filed in State Court CV-18-372, #3 Exhibit A to Complaint: FMLA form, #4 Exhibit B to Complaint: Employer Response to Employee leave approved through August 30, #5 Exhibit C to Complaint: Employer Response re: return to work, #6 Exhibit 3 to Complaint: Summary Sheet)(sfw) |
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| Plaintiff: TRACI L RICKARDS | |
| Represented By: | REBECCA S. WEBBER |
| Represented By: | JORDAN PAYNE HAY |
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| Defendant: CORIZON HEALTH INC | |
| Represented By: | DANIELLE Y. VANDERZANDEN |
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