Weissman v. UnitedHealthcare Insurance Company et al
| Kate Weissman |
| UnitedHealthcare Service, LLC, Interpublic Group of Companies, Inc. Choice Plus Plan and UnitedHealthcare Insurance Company |
| Chief Richard Cole and Zachary Rizzuto |
| The Hertz Custom Benefits Program |
| 1:2019cv10580 |
| March 26, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| 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 April 15, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 71 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 10/4/2022 09:14 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 70 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #69 Motion for Modification of scheduling order. (Folan, Karen) |
| Filing 69 Joint MOTION to Modify Scheduling Order. (McManus, Caetlin) |
| Filing 68 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. GRANTING #67 Joint motion to modify schedule filed by Kate Weissman, Richard Cole, Zachary Rizzuto. Status Conference reset for 7/28/2022 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs.(Folan, Karen) |
| Filing 67 JOINT SUBMISSION pursuant to Local Rule 16.1 by Richard Cole, Zachary Rizzuto, Kate Weissman.(Collins, Richard) |
| Filing 66 Judge Allison D. Burroughs: ORDER entered. PROTECTIVE ORDER. (McManus, Caetlin) (Main Document 66 replaced on 12/21/2021) (McManus, Caetlin). |
| Filing 65 Judge Allison D. Burroughs: ORDER entered granting #64 Joint MOTION for Protective Order and Order Authorizing Disclosure of Certain Personally Identifiable Information (McManus, Caetlin) (Main Document 65 replaced on 12/21/2021) (McManus, Caetlin). |
| Filing 64 Joint MOTION for Protective Order and Order Authorizing Disclosure of Certain Personally Identifiable Information by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noonan, Gregory) |
| Filing 63 Defendants' ANSWER to #41 Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC.(Noonan, Gregory) |
| Filing 62 Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER: Status Conference set for 5/26/2022 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Amended Pleadings due by 7/3/2021. Discovery to be completed by 5/25/2022(McDonagh, Christina) |
| Filing 61 JOINT SUBMISSION pursuant to Local Rule 16.1 by Richard Cole, Zachary Rizzuto, Kate Weissman.(Collins, Richard) (Main Document 61 replaced on 3/22/2021) (McDonagh, Christina). |
| Filing 60 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #59 Motion for Extension of Time to to 03/31/2021 to File Answer to Plaintiffs' Consolidated First Amended Complaint. (Folan, Karen) |
| Filing 59 Assented to MOTION for Extension of Time to 03/31/2021 to File Answer to Plaintiffs' Consolidated First Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC.(Noonan, Gregory) |
| Filing 58 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The parties shall submit a joint proposed schedule by 3/19/21 and indicate whether they object to the court setting a schedule on the written submission. (Folan, Karen) |
| Filing 57 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Defendants' motion to dismiss, [ECF No. #46 ], is DENIED. SO ORDERED. (McDonagh, Christina) |
| Filing 56 NOTICE of Withdrawal of Appearance by Justin P. O'Brien (O'Brien, Justin) |
| Filing 55 NOTICE of Appearance by Gregory F Noonan on behalf of Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC (Noonan, Gregory) |
| Filing 54 REPLY to Response to #46 MOTION to Dismiss Consolidated First Amended Complaint (Leave to File Granted on September 2, 2020) filed by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (O'Brien, Justin) |
| Filing 53 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #52 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 52 Assented to MOTION for Leave to File Reply in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated First Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Proposed Reply)(O'Brien, Justin) |
| Filing 51 NOTICE by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC re #46 MOTION to Dismiss Consolidated First Amended Complaint - Notice of Intent to File Motion for Leave to File Reply (O'Brien, Justin) |
| Filing 50 Opposition re #46 MOTION to Dismiss Consolidated First Amended Complaint filed by Richard Cole, Zachary Rizzuto, Kate Weissman. (Attachments: #1 Affidavit Declaration of Richard T. Collins, #2 Exhibit A - MES Peer Review Report, #3 Exhibit B - MES Peer Review Report, #4 Exhibit C - NYPC Annual Report, #5 Exhibit D - July 10, 2018 EOB, #6 Exhibit E - Penn Medicine Reimbursement Checks)(Collins, Richard) |
| Filing 49 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #48 Motion for Extension of Time to File Response/Reply re #46 MOTION to Dismiss Consolidated First Amended Complaint Responses due by 8/10/2020 (Folan, Karen) |
| Filing 48 Assented to MOTION for Extension of Time to August 10, 2020 to File Response/Reply as to #46 MOTION to Dismiss Consolidated First Amended Complaint, #47 Memorandum in Support of Motion, by Richard Cole, Zachary Rizzuto, Kate Weissman.(Collins, Richard) |
| Filing 47 MEMORANDUM in Support re #46 MOTION to Dismiss Consolidated First Amended Complaint filed by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Exhibit 1 (Declaration of Jane Stalinski))(O'Brien, Justin) |
| Filing 46 MOTION to Dismiss Consolidated First Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC.(O'Brien, Justin) |
| Filing 45 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #44 Motion for Extension of Time to File Response/Reply (Folan, Karen) |
| Filing 44 Assented to MOTION for Extension of Time to June 29, 2020 to File Response/Reply as to #41 Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC.(O'Brien, Justin) |
| Filing 43 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #42 Motion for Extension of Time to File Response/Reply to June 15, 2020 to File Response/Reply as to 41 Amended Complaint (Folan, Karen) |
| Filing 42 Assented to MOTION for Extension of Time to June 15, 2020 to File Response/Reply as to #41 Amended Complaint by Interpublic Group of Companies, Inc. Choice Plus Plan, The Hertz Custom Benefits Program, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Text of Proposed Order)(O'Brien, Justin) |
| Filing 41 AMENDED COMPLAINT (Consolidated Complaint) against All Defendants, filed by Kate Weissman.(Rafik, Mala) |
| Filing 40 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff Zachary Rizzuto requests that this case be consolidated with Weissman v. United Healthcare Insurance Company, 19-cv-10580-ADB. [ECF No. 51 in case 19-cv-12239]. Weissman's counsel consents to the request and Defendant United Healthcare Insurance Company does not oppose. [Id. at 1, 4]. The motion is GRANTED. Pursuant to Federal Rule of Civil Procedure 42(a), the cases are therefore consolidated. Fed. R. Civ. P. 42(a) ("If actions before the court involve a common question of law or fact, the court may... consolidate the actions."). Plaintiffs shall file an amended complaint by May 15, 2020, adding Zachary Rizzuto as an additional putative class plaintiff. The Court may later separate the cases for the purposes of trial under Federal Rule of Civil Procedure 42(b). Fed. R. Civ. P. 42(b) ("For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims.").(McDonagh, Christina) |
| Filing 39 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff Richard Cole requests that this case be consolidated with Weissman v. United Healthcare Insurance Company, 19-cv-10580-ADB. [ECF No. #48 in case 19-cv-12224]. Weissman's counsel consents to the request and Defendant United Healthcare Insurance Company does not oppose. [Id. at 1]. The motion is GRANTED. Pursuant to Federal Rule of Civil Procedure 42(a), the cases are therefore consolidated. Fed. R. Civ. P. 42(a) ("If actions before the court involve a common question of law or fact, the court may... consolidate the actions."). Plaintiffs shall file an amended complaint by May 15, 2020, adding Richard Cole as an additional putative class plaintiff. The Court may later separate the cases for the purposes of trial under Federal Rule of Civil Procedure 42(b). Fed. R. Civ. P. 42(b) ("For convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims."). (McDonagh, Christina) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #37 Motion for Extension of Time to 5/15/20 to Amend complaint (Folan, Karen) |
| Filing 37 MOTION for Extension of Time to May 15, 2020 to Amend #1 Complaint, by Kate Weissman.(Collins, Richard) |
| Filing 36 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Defendants' motion to dismiss, [ECF No. #22 ], is GRANTED without prejudice. Though Weissman has pled sufficient factual allegations concerning the Defendants' application of the plan to her request for proton beam therapy coverage, her complaint inappropriately seeks only relief under 29 U.S.C. 1132(a)(3). Additionally, the complaint is devoid of factual allegations concerning the inadequacies of the Defendants' medical directors and any fiduciary acts on the part of the IPG Plan. Plaintiff may amend the complaint within twenty-one days. SO ORDERED.(McDonagh, Christina) |
| Filing 35 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #34 Motion for Leave to Appear Pro Hac Vice Added Adrian L. Canzoneri. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Folan, Karen) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice for admission of Adrian L. Canzoneri Filing fee: $ 100, receipt number 0101-8072480 by Kate Weissman. (Attachments: #1 Affidavit of Adrian L. Canzoneri)(Rafik, Mala) |
| Filing 33 REPLY to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Leave to File Granted 11/04/19) filed by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (O'Brien, Justin) |
| Filing 32 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #31 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 31 Assented to MOTION for Leave to File Reply Regarding Motion to Dismiss by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Proposed Reply)(O'Brien, Justin) |
| Filing 30 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #29 Motion for Leave to Appear Pro Hac Vice Added Peter H. Walsh and Briana L. Black. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 29 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Peter Walsh and Briana Black Filing fee: $ 200, receipt number 0101-7954224 by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Affidavit of Peter Walsh, #2 Affidavit of Briana Black)(O'Brien, Justin) |
| Filing 28 Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kate Weissman. (Collins, Richard) |
| Filing 27 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #26 Motion for Extension of Time to File Response/Reply re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 10/17/2019 (Folan, Karen) |
| Filing 26 Second MOTION for Extension of Time to October 17, 2019 to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kate Weissman.(Collins, Richard) |
| Filing 25 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #24 Motion for Extension of Time to 9/26/19 to respond to motion to dismiss. (Folan, Karen) |
| Filing 24 Assented to MOTION for Extension of Time to September 26, 2019 to file a response to Defendants' Motion to Dismiss Plaintiff's Complaint by Kate Weissman.(Rafik, Mala) |
| Filing 23 MEMORANDUM in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Declaration of Shannon Mullen, #2 Exhibit 1)(O'Brien, Justin) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC.(O'Brien, Justin) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (O'Brien, Justin) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by Interpublic Group of Companies, Inc. Choice Plus Plan. (O'Brien, Justin) |
| Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #18 Motion for Extension of Time to 8/13/19 to File Response to complaint. (Folan, Karen) |
| Filing 18 Assented to MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Text of Proposed Order)(O'Brien, Justin) |
| Filing 17 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time until 7/29/19 to File Response to complaint. (Folan, Karen) |
| Filing 16 Assented to MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. (Attachments: #1 Text of Proposed Order)(O'Brien, Justin) |
| Filing 15 NOTICE of Appearance by Justin P. O'Brien on behalf of Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC (O'Brien, Justin) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Kate Weissman. UnitedHealthcare Insurance Company waiver sent on 4/28/2019, answer due 6/27/2019. (Rafik, Mala) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Kate Weissman. UnitedHealthcare Service, LLC waiver sent on 4/28/2019, answer due 6/27/2019. (Rafik, Mala) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Kate Weissman. Interpublic Group of Companies, Inc. Choice Plus Plan waiver sent on 4/28/2019, answer due 6/27/2019. (Rafik, Mala) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice Added Richard T. Collins. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 10 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #8 Motion for Leave to Appear Pro Hac Vice Added Damon D. Eisenbrey. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund, for $100.00 paid on 04/24/2019, receipt number 0101-7654327. (Tran, Henry) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Richard T. Collins Filing fee: $ 100, receipt number 0101-7654334 by Kate Weissman. (Attachments: #1 Affidavit of Richard T. Collins)(Rafik, Mala) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for admission of Damon D. Eisenbrey Filing fee: $ 100, receipt number 0101-7654330 by Kate Weissman. (Attachments: #1 Affidavit of Damon D. Eisenbrey)(Rafik, Mala) |
| Filing 7 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #5 Motion for Leave to Appear Pro Hac Vice Added Timothy J. Rozelle. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 6 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice Added Lisa S. Kantor. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Timothy J. Rozelle Filing fee: $ 100, receipt number 0101-7641600 by Kate Weissman. (Attachments: #1 Affidavit of Tim Rozelle)(Rafik, Mala) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Lisa S. Kantor Filing fee: $ 100, receipt number 0101-7641588 by Kate Weissman. (Attachments: #1 Affidavit Affidavit of Lisa S. Kantor)(Rafik, Mala) |
| Filing 3 Summons Issued as to Interpublic Group of Companies, Inc. Choice Plus Plan, UnitedHealthcare Insurance Company, UnitedHealthcare Service, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7604569 (Fee Status: Filing Fee paid), filed by Kate Weissman. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Rafik, Mala) (Attachment 1 replaced on 3/27/2019) (McDonagh, Christina). |
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