Rizzuto v. United Healthcare Insurance Company et al
| Zachary Rizzuto |
| United Healthcare Insurance Company, United HealthCare Services, Inc. and The Hertz Custom Benefits Program |
| 1:2019cv12239 |
| October 30, 2019 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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| Filing 53 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendant' motion to dismiss, [ECF No. #38 ], is DENIED as moot in light of the parties' consented-to consolidation with Weissman v. United Healthcare Insurance Company, 19-cv-10580-ADB and Plaintiffs' stated intention to file an amended complaint by May 15, 2020. (McDonagh, Christina) |
| Filing 52 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 ]. 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 51 MOTION to Consolidate Cases by Zachary Rizzuto.(Collins, Richard) |
| Filing 50 REPLY to Response to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company. (O'Brien, Justin) |
| Filing 49 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #48 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 48 Assented to MOTION for Leave to File Reply Brief in Further Support of Defendants' Motion to Dismiss by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company. (Attachments: #1 Proposed Reply)(O'Brien, Justin) |
| Filing 47 CORPORATE DISCLOSURE STATEMENT by The Hertz Custom Benefits Program. (O'Brien, Justin) |
| Filing 46 Opposition re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Zachary Rizzuto. (Collins, Richard) |
| Filing 45 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #44 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. (McDonagh, Christina) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice for admission of Adrian L. Canzoneri Filing fee: $ 100, receipt number 0101-8059422 by Zachary Rizzuto. (Attachments: #1 Affidavit of Adrian L. Canzoneri)(Rafik, Mala) |
| Filing 43 NOTICE of Appearance by Mala M. Rafik on behalf of Zachary Rizzuto (Rafik, Mala) |
| Filing 42 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #41 Motion for Extension of Time to File Response/Reply re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Responses due by 1/21/2020 (Folan, Karen) |
| Filing 41 Assented to MOTION for Extension of Time to Respond to Motion to Dismiss to File Response/Reply as to #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Zachary Rizzuto.(Collins, Richard) |
| Filing 40 DECLARATION re #39 Memorandum in Support of Motion, #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(O'Brien, Justin) |
| Filing 39 MEMORANDUM in Support re #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company. (O'Brien, Justin) |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company.(O'Brien, Justin) |
| Filing 37 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #36 Motion for Extension of Time to December 6, 2019 to File Response to Complaint (Folan, Karen) |
| Filing 36 Assented to MOTION for Extension of Time to December 6, 2019 to File Response/Reply as to #1 Complaint, by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company.(O'Brien, Justin) |
| Filing 35 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #34 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 34 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Peter Walsh and Briana Black Filing fee: $ 200, receipt number 0101-7954274 by The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company. (Attachments: #1 Affidavit of Peter Walsh, #2 Affidavit of Briana Black)(O'Brien, Justin) |
| Filing 33 NOTICE of Appearance by Justin P. O'Brien on behalf of The Hertz Custom Benefits Program, United HealthCare Services, Inc., United Healthcare Insurance Company (O'Brien, Justin) |
| Filing 32 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 31 Case transferred in from District of Florida Middle; Case Number 2:19-cv-00691. |
Filing 30
ORDERED: Defendants United Healthcare Insurance Company, United Healthcare Services, Inc., and the Hertz Custom Benefits Program's Unopposed Motion to Transfer, or in the Alternative, to Stay in Favor of First-Filed Action (Doc. #27 ) is GRANTED. The Clerk is DIRECTED to transfer the above-captioned case to the United States District Court for the District of Massachusetts, terminate all pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 10/29/2019. (AEH)
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| Filing 29 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/5/2019. Signed by All Divisional Judges on 10/22/2019. (RMT) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, #27 Unopposed MOTION to transfer case or in the Alternative to Stay in Favor of First-Filed Action by All Defendants. (Pegg, Allen) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 27 Unopposed MOTION to transfer case or in the Alternative to Stay in Favor of First-Filed Action by All Defendants. (Attachments: #1 Exhibit 1)(Pegg, Allen) |
| Filing 26 NOTICE of Appearance by Allen Paige Pegg on behalf of The Hertz Custom Benefits Program (Pegg, Allen) |
| Filing 25 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by United Healthcare Insurance Company, United Healthcare Services, Inc.. Related case(s): Y (Pegg, Allen) |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #19 Interested persons order by United Healthcare Insurance Company, United Healthcare Services, Inc. identifying Corporate Parent Unitedhealth Group Incorporated for United Healthcare Insurance Company, United Healthcare Services, Inc... (Pegg, Allen) |
| Filing 23 NOTICE to counsel Lisa S. Kantor of Local Rule 2.02, Special Admission to Practice - Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (SPB) Modified on 10/8/2019 Entered in Error. (SPB). |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #8 Interested persons order by Zachary Rizzuto. (Collins, Richard) |
| Filing 21 NOTICE of pendency of related cases re #7 Related case order and track 2 notice per Local Rule 1.04(d) by Zachary Rizzuto. Related case(s): yes (Collins, Richard) |
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Filing 20
ENDORSED ORDER granting #18 Unopposed Motion for Extension of Time to Respond to Class Action Complaint. Defendants UnitedHealthcare Insurance Company and United HealthCare Services, Inc. shall have up to and including November 11, 2019, to file a response. Signed by Magistrate Judge Nicholas P. Mizell on 10/3/2019. (brh)
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| Filing 19 INTERESTED PERSONS ORDER as to United Healthcare Insurance Company and United Healthcare Services, Inc. Certificate of interested persons and corporate disclosure statement due by 10/15/2019. Signed by All Divisional Judges on 10/1/2019. (drn) |
| ***PRO HAC VICE FEES paid by attorney Timothy J. Rozelle, appearing on behalf of Zachary Rizzuto (Filing fee $150 receipt number FTM014111.) Related document: #15 MOTION for Timothy J. Rozelle to appear pro hac vice. (SPB) |
| ***PRO HAC VICE FEES paid by attorney Lisa S. Kantor, appearing on behalf of Zachary Rizzuto (Filing fee $150 receipt number FTM014110.) Related document: #14 MOTION for Lisa S. Kantor to appear pro hac vice. (SPB) |
| ***PRO HAC VICE FEES paid by attorney Damon D. Eisenbrey, appearing on behalf of Zachary Rizzuto (Filing fee $150 receipt number FTM014109.) Related document: #13 MOTION for Damon D. Eisenbrey to appear pro hac vice. (SPB) |
| ***PRO HAC VICE FEES paid by attorney Richard T. Collins, appearing on behalf of Zachary Rizzuto (Filing fee $150 receipt number FTM014108.) Related document: #12 MOTION for Richard T. Collins to appear pro hac vice. (SPB) |
| Filing 18 Unopposed MOTION for Extension of Time to File Response to Class Action Complaint by United Healthcare Insurance Company, United Healthcare Services, Inc.. (Pegg, Allen) |
| Filing 17 NOTICE of Appearance by Allen Paige Pegg on behalf of United Healthcare Insurance Company, United Healthcare Services, Inc. (Pegg, Allen) |
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Filing 16
ORDER granting #12 #13 #14 #15 Motions for Admission Pro Hac Vice. Attorneys Richard T. Collins, Damon D. Eisenbrey, Lisa S. Kantor, and Timothy J. Rozelle may appear pro hac vice on behalf of Plaintiff Zachary Rizzuto. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/28/2019. (brh)
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| Filing 15 MOTION for Timothy J. Rozelle to appear pro hac vice by Zachary Rizzuto. (Attachments: #1 Exhibit A)(Dabdoub, Edward) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 14 MOTION for Lisa S. Kantor to appear pro hac vice by Zachary Rizzuto. (Attachments: #1 Exhibit A)(Dabdoub, Edward) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 13 MOTION for Damon D. Eisenbrey to appear pro hac vice by Zachary Rizzuto. (Attachments: #1 Exhibit A)(Dabdoub, Edward) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 12 MOTION for Richard T. Collins to appear pro hac vice by Zachary Rizzuto. (Attachments: #1 Exhibit A)(Dabdoub, Edward) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 11 RETURN of service executed on 09/20/2019 by Zachary Rizzuto as to The Hertz Custom Benefits Program. (Dabdoub, Edward) |
| Filing 10 RETURN of service executed on 09/20/2019 by Zachary Rizzuto as to United Healthcare Services, Inc.. (Dabdoub, Edward) |
| Filing 9 RETURN of service executed on 09/23/2019 by Zachary Rizzuto as to United Healthcare Insurance Company. (Dabdoub, Edward) |
| Filing 8 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 10/4/2019. Signed by All Divisional Judges on 9/20/2019. (WRW) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 10/4/2019. Signed by Judge Sheri Polster Chappell on 9/20/2019. (Track 2 notice entered per law clerk BH) (WRW)
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| Filing 6 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 9/20/2019. (drn) |
| Filing 5 SUMMONS issued as to The Hertz Custom Benefits Program. (drn) |
| Filing 4 SUMMONS issued as to United Healthcare Services, Inc. (drn) |
| Filing 3 SUMMONS issued as to United Healthcare Insurance Company. (drn) |
| Filing 2 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:19-cv-691-FtM-38NPM. (NAS) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-15939027) filed by Zachary Rizzuto. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons)(Dabdoub, Edward) |
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