N. et al v. Gillette Childrens Specialty Healthcare Medical Benefit Plan
| Shani N. and J. G. |
| Gillette Children's Specialty Healthcare Medical Benefit Plan |
| 0:2023cv02450 |
| August 10, 2023 |
| US District Court for the District of Minnesota |
| DMN Office |
| Jerry W Blackwell |
| Dulce J Foster |
| 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 September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER SETTING PRETRIAL SCHEDULING CONFERENCE: Rule 26 Meeting Report and Confidential Letters due by 10/24/2023. Pretrial Scheduling Conference set for 10/31/2023 at 10:00 AM, CT by Zoom video (no courtroom) before Magistrate Judge Dulce J. Foster. Zoom instructions will be emailed to the parties a few days prior to the conference. Signed by Magistrate Judge Dulce J. Foster on 9/26/2023. (Attachments: #1 Rule 26(f) Report (ERISA) Template, #2 Consent Form)(LNP)cc: plaintiffs' counsel. Modified text on 9/26/2023 (CLK).
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Filing 31
(Text-Only) ORDER/NOTICE: The Court finds there is good cause to delay the entry of a pretrial scheduling order because counsel for Plaintiffs has not yet entered an appearance following the transfer of this action to the District of Minnesota. Counsel for Plaintiffs must enter an appearance by September 25, 2023, failing which the Court will schedule the pretrial conference and Plaintiffs must appear pro se. Ordered by Magistrate Judge Dulce J. Foster on 8/24/2023.(LNP) Modified text on 8/24/2023 (MMP). cc: Plaintiff's Counsel.
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Filing 30
CERTIFICATE OF SERVICE by Gillette Children's Specialty Healthcare Medical Benefit Plan re #28 Notice of Appearance, #29 Answer to Complaint by E-Mail on Laura Nielson (Cefalu, Amanda)
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Filing 29
ANSWER to Complaint filed by Gillette Children's Specialty Healthcare Medical Benefit Plan. (Cefalu, Amanda)
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Filing 28
NOTICE of Appearance by Amanda R Cefalu on behalf of Gillette Children's Specialty Healthcare Medical Benefit Plan. (Cefalu, Amanda)
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Filing 27
(Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Eric Nielson and Laura Nielson as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (kt)cc: Eric Nielson and Laura Nielson. (kt)
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Filing 26
Case transferred in from District of Utah; Case Number 4:22-cv-00070. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Jerry W. Blackwell and referred to Magistrate Judge Dulce J. Foster per 3rd/4th Master List.
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Filing 25
ORDER granting in part and denying in part #12 Motion to Dismiss or, in the Alternative, to Transfer Venue. The Motion to Dismiss for lack of personal jurisdiction and improper venue is DENIED. The alternative relief sought in the Motion, for transfer under 1404(a), is GRANTED. The action shall be transferred to the District of Minnesota. The Motion seeking relief under Rule 12(b)(6) is DENIED without prejudice to be refiled before the Minnesota court receiving this transferred action. The Clerk of Court is directed to transfer this action to the District of Minnesota and close this case. Signed by Judge Robert J. Shelby on 08/08/2023. (jl) [Transferred from Utah on 8/10/2023.]
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Filing 24
NOTICE VACATING Motion Hearing HEARING set for 08/08/2023 at 1:30 pm before Judge Robert J. Shelby (Notice generated by Mary Jane McNamee) The court will issue a written decision. (mjm) [Transferred from Utah on 8/10/2023.]
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Filing 23
NOTICE OF ZOOM HEARING ON MOTION re: #12 Defendant's MOTION to Dismiss and Memorandum in Support : (Notice generated by Mary Jane McNamee) ZOOM Motion Hearing set for 8/8/2023 at 01:30 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. ZOOM Information will be emailed to counsel. (mjm) [Transferred from Utah on 8/10/2023.]
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Filing 22
REPLY BRIEF re #12 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (Attachments: #1 Affidavit of Karen Brady, #2 Exhibit 1 to Declaration of Karen Brady, #3 Exhibit 2 to Declaration of Karen Brady)(Hansen, Clint) [Transferred from Utah on 8/10/2023.]
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Filing 21
Mail Returned 19 as Undeliverable. Mail sent to Amanda R. Cefalu. (Attachments: #1 Envelope) (mh) [Transferred from Utah on 8/10/2023.]
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Filing 20
MEMORANDUM in Opposition re #12 Defendant's MOTION to Dismiss and Memorandum in Support filed by Plaintiffs J. G., Shani N.. (Nielson, Laura) [Transferred from Utah on 8/10/2023.]
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Filing 19
DOCKET TEXT ORDER granting #17 Motion for Extension of Time to File Response/Reply to #12 Defendant's MOTION to Dismiss. Plaintiffs' Response or Opposition is now due by 5/8/2023. Signed by Judge Robert J. Shelby on 5/1/2023. No attached document. (chambers) [Transferred from Utah on 8/10/2023.]
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Filing 18
Modification of Docket: Error: Wrong event Motion for Extension of Time chosen. Correction: Corrected event to MOTION for Extension of Time to File Response/Reply re #17 MOTION. (jl) [Transferred from Utah on 8/10/2023.]
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Filing 17
Stipulated MOTION for Extension of Time to Respond to Motion to Dismiss or Motion to Transfer Venue filed by Plaintiffs J. G., Shani N.. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Nielson, Laura) Modified by correcting event on 5/1/2023 (jl). [Transferred from Utah on 8/10/2023.]
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Filing 16
ORDER granting #15 Motion for Extension of Time to File Response/Reply as to #12 Defendant's MOTION to Dismiss and Memorandum in Support. Plaintiffs have up to and including May 1, 2023, to respond to Defendants' Motion to Dismiss or Transfer Venue. Signed by Magistrate Judge Paul Kohler on 04/17/2023. (jl) [Transferred from Utah on 8/10/2023.]
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Filing 15
Stipulated MOTION for Extension of Time to File Response/Reply as to #12 Defendant's MOTION to Dismiss and Memorandum in Support filed by Plaintiffs J. G., Shani N.. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Paul Kohler.(Nielson, Laura) [Transferred from Utah on 8/10/2023.]
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Filing 14
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Amanda R. Cefalu for Gillette Childrens Specialty Healthcare Medical Benefit Plan.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Paul Kohler on 04/05/2023. (jl) [Transferred from Utah on 8/10/2023.]
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Filing 13
AFFIDAVIT/DECLARATION of Karen Brady in Support re #12 Defendant's MOTION to Dismiss and Memorandum in Support with Exhibits Attached filed by Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (Hansen, Clint) [Transferred from Utah on 8/10/2023.]
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Filing 12
Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (Hansen, Clint) [Transferred from Utah on 8/10/2023.]
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Filing 11
MOTION for Admission Pro Hac Vice of Amanda R. Cefalu , Registration fee $ 250, receipt number AUTDC-4635428,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order)(Hansen, Clint) [Transferred from Utah on 8/10/2023.]
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Filing 10
NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Robert J. Shelby and Magistrate Judge Paul Kohler is automatically referred under 28 U.S.C. 636(b)(1)(A). Magistrate Judge Paul Kohler no longer assigned as the presiding judge to the case. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 9
RECEIVED Consent/Reassignment Form from Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 8
NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs J. G., Shani N., Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. Form due by 3/23/2023. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 7
NOTICE OF ADR, e-mailed or mailed to Plaintiffs J. G., Shani N., Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 6
NOTICE of Appearance by Clint R. Hansen on behalf of Gillette Childrens Specialty Healthcare Medical Benefit Plan (Hansen, Clint) [Transferred from Utah on 8/10/2023.]
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Filing 5
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Amanda Cefalu, for Defendant Gillette Childrens Specialty Healthcare Medical Benefit Plan. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 4
WAIVER OF SERVICE Returned Executed filed by Shani N., J. G. as to Gillette Childrens Specialty Healthcare Medical Benefit Plan Waiver sent on 1/31/2023, answer due 4/3/2023. (Nielson, Laura) [Transferred from Utah on 8/10/2023.]
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Paul Kohler on 9/19/2022. (alf) [Transferred from Utah on 8/10/2023.]
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Filing 2
COMPLAINT against Gillette Childrens Specialty Healthcare Medical Benefit Plan (Filing fee $ 402, receipt number AUTDC-4449392) filed by Shani N., J. G.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Paul Kohler (Nielson, Laura) [Transferred from Utah on 8/10/2023.]
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Filing 1
Case has been indexed and assigned to Magistrate Judge Paul Kohler. Plaintiffs J. G., Shani N. is directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (haa) (Additional attachment(s) added on 9/16/2022: #1 Civil Cover Sheet 1) (haa). [Transferred from Utah on 8/10/2023.]
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