Cole v. United Healthcare Insurance Company
| Chief Richard Cole |
| United Healthcare Insurance Company |
| 1:2019cv12224 |
| October 28, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on January 21, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 NOTICE of Appearance by Maria D Garcia on behalf of Richard Cole (Garcia, Maria) |
| Filing 46 NOTICE of Appearance by Robert J. Neary on behalf of Richard Cole (Neary, Robert) |
| Filing 45 NOTICE of Appearance by Frank A. Florio on behalf of Richard Cole (Florio, Frank) |
| Filing 44 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #41 Motion for Leave to Appear Pro Hac Vice Added Frank A. Florio. 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 43 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #40 Motion for Leave to Appear Pro Hac Vice Added Robert J. Neary. 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 42 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #39 Motion for Leave to Appear Pro Hac Vice Added Maria D. Garcia. 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 01/11/2020, receipt number 0101-8050223. (Tran, Henry) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice for admission of Frank A. Florio Filing fee: $ 100, receipt number 0101-8050227 by Richard Cole. (Attachments: #1 Declaration of Attorney Frank A. Florio)(Rafik, Mala) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice for admission of Robert J. Neary Filing fee: $ 100, receipt number 0101-8050225 by Richard Cole. (Attachments: #1 Declaration of Attorney Robert J, Neary)(Rafik, Mala) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice for admission of Maria D. Garcia Filing fee: $ 100, receipt number 0101-8050224 by Richard Cole. (Attachments: #1 Declaration of Attorney Maria D. Garcia)(Rafik, Mala) |
| Filing 38 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #36 Motion for Leave to Appear Pro Hac Vice Added Stephanie A. Casey. 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 37 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #35 Motion for Leave to Appear Pro Hac Vice Added Dean C. Colson. 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 36 MOTION for Leave to Appear Pro Hac Vice for admission of Stephanie A. Casey Filing fee: $ 100, receipt number 0101-7969883 by Richard Cole. (Attachments: #1 Declaration of Attorney Stephanie A. Casey)(Rafik, Mala) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice for admission of Dean C. Colson Filing fee: $ 100, receipt number 0101-7969880 by Richard Cole. (Attachments: #1 Declaration of Attorney Dean C. Colson)(Rafik, Mala) |
| Filing 34 NOTICE of Appearance by Mala M. Rafik on behalf of Richard Cole (Rafik, Mala) |
| Filing 33 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #32 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 32 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Peter Walsh and Briana Black Filing fee: $ 200, receipt number 0101-7954255 by United Healthcare Insurance Company. (Attachments: #1 Affidavit of Peter Walsh, #2 Affidavit of Briana Black)(O'Brien, Justin) |
| Filing 31 NOTICE of Appearance by Justin P. O'Brien on behalf of United Healthcare Insurance Company (O'Brien, Justin) |
| Filing 30 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. (Danieli, Chris) |
| Filing 29 Case transferred in from District of Florida Southern; Case Number 1:19-cv-21258. |
Filing 28
ORDER granting #12 Defendant's MOTION to Transfer or, in the Alternative MOTION to Stay in Favor of First-Filed Action filed by United Healthcare Insurance Company. Closing Case. Signed by Judge Darrin P. Gayles on 10/28/2019. See attached document for full details. (pcs)
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| Filing 27 REPLY to Response to Motion re #21 Defendant's MOTION TO DISMISS #4 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by United Healthcare Insurance Company. (Pegg, Allen) |
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Filing 26
PAPERLESS ORDER granting #25 Defendant's Unopposed Motion for Brief Enlargement of Time to File Reply in Support of Motion to Dismiss. Defendant shall file its reply on or before August 2, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 25 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #21 Defendant's MOTION TO DISMISS #4 Amended Complaint FOR FAILURE TO STATE A CLAIM by United Healthcare Insurance Company. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
| Filing 24 RESPONSE in Opposition re #21 Defendant's MOTION TO DISMISS #4 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Richard Cole. Replies due by 7/26/2019. (Casey, Stephanie) |
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Filing 23
PAPERLESS ORDER granting #22 Attorney Lazaro Fields's Unopposed Motion to Withdraw as Counsel for Plaintiff Richard Cole. Lazaro Fields is terminated as counsel of record for Plaintiff. Signed by Judge Darrin P. Gayles (isc)
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| Filing 22 MOTION to Withdraw as Attorney by Lazaro Fields for / by Richard Cole. Responses due by 7/25/2019 (Attachments: #1 Text of Proposed Order)(Fields, Lazaro) |
| Filing 21 Defendant's MOTION TO DISMISS #4 Amended Complaint FOR FAILURE TO STATE A CLAIM by United Healthcare Insurance Company. Responses due by 7/22/2019 (Attachments: #1 Exhibit 1)(Pegg, Allen) |
| Filing 20 REPLY to Response to Motion re #12 Defendant's MOTION to Transfer or, in the Alternative MOTION to Stay in Favor of First-Filed Action filed by United Healthcare Insurance Company. (Pegg, Allen) |
| Filing 19 RESPONSE in Opposition re #12 Defendant's MOTION to Transfer or, in the Alternative MOTION to Stay in Favor of First-Filed Action filed by Richard Cole. Replies due by 6/24/2019. (Casey, Stephanie) |
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Filing 18
PAPERLESS ORDER granting #17 Defendant's Unopposed Motion for Brief Enlargement of Time to Respond to Plaintiff's Amended Complaint. Defendant shall respond to the Amended Complaint on or before July 8, 2019. Signed by Judge Darrin P. Gayles (isc)
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| Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint by United Healthcare Insurance Company. (Attachments: #1 Text of Proposed Order)(Pegg, Allen) |
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Filing 16
PAPERLESS ORDER denying #15 Defendant's Corrected Motion for Extension of Time to Respond to Plaintiff's Complaint Pending Defendant's Motion to Transfer or Stay. Signed by Judge Darrin P. Gayles (isc)
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| Filing 15 Corrected MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint Pending Defendant's Motion to Transfer or Stay by United Healthcare Insurance Company. (Pegg, Allen) |
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Filing 14
PAPERLESS ORDER denying #13 without prejudice Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint Pending Defendant's Motion to Transfer or Stay. Defendant has failed to fully comply with S.D. Fla. L.R. 7.1(a)(3). Counsel shall identify with specificity the reasonable efforts to confer (including the date, time, and manner of each effort). Signed by Judge Darrin P. Gayles (isc)
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| Filing 13 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #4 Amended Complaint Pending Defendant's Motion to Transfer or Stay by United Healthcare Insurance Company. (Pegg, Allen) |
| Filing 12 Defendant's MOTION to Transfer or, in the Alternative, MOTION to Stay in Favor of First-Filed Action ( Responses due by 6/17/2019) by United Healthcare Insurance Company. (Attachments: #1 Exhibit A)(Pegg, Allen) |
| Filing 11 NOTICE of Attorney Appearance by James Leo VanLandingham on behalf of United Healthcare Insurance Company. Attorney James Leo VanLandingham added to party United Healthcare Insurance Company(pty:dft). (VanLandingham, James) |
| Filing 10 NOTICE of Attorney Appearance by Allen Paige Pegg on behalf of United Healthcare Insurance Company. Attorney Allen Paige Pegg added to party United Healthcare Insurance Company(pty:dft). (Pegg, Allen) |
| Filing 9 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles (isc) |
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Filing 8
ORDER OF RECUSAL. Judge Ursula Ungaro recused. Case reassigned to Judge Darrin P. Gayles for all further proceedings. Signed by Judge Ursula Ungaro on 4/29/2019. See attached document for full details. (vjk)
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| Filing 7 WAIVER OF SERVICE Returned Executed by Richard Cole. United Healthcare Insurance Company waiver sent on 4/24/2019, answer due 6/24/2019. (Casey, Stephanie) |
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Filing 6
ORDER OF RECUSAL. Judge Robert N. Scola, Jr recused. Case reassigned to Judge Ursula Ungaro for all further proceedings Signed by Judge Robert N. Scola, Jr on 4/29/2019. See attached document for full details. (jc)
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Filing 5
ORDER OF RECUSAL. Judge Federico A. Moreno recused. Case reassigned to Judge Robert N. Scola, Jr., for all further proceedings. Signed by Judge Federico A. Moreno on 4/24/2019. See attached document for full details. (yar)
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| Filing 4 First AMENDED COMPLAINT against United Healthcare Insurance Company, filed by Richard Cole.(Colson, Dean) |
| Filing 3 Summons Issued as to United Healthcare Insurance Company. (lh) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lh) |
| Filing 1 COMPLAINT against United Healthcare Insurance Company. Filing fees $ 400.00 receipt number 113C-11529782, filed by Richard Cole, on behalf of himself and others similarly situated. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Casey, Stephanie) |
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