Cohen et al v. Automated Benefits Services, Inc. et al
| G. C., S. C., Gerald Cohen and Sophie Cohen |
| Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan, Ascension Health Alliance and Ascension SmartHealth Medical Plan, The |
| 4:2022cv00949 |
| September 9, 2022 |
| US District Court for the Eastern District of Missouri |
| Ronnie L White |
| 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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This docket was last retrieved on November 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 46 REPLY to Response to Motion re #34 MOTION to Dismiss Case filed by Defendant Ascension Health Alliance. (Blaisdell, Amy) |
Filing 45
CASE MANAGEMENT ORDER This case is assigned to Track: two [SEE ORDER FOR COMPLETE DETAILS]. (Motion to Join Parties due by 3/2/2023. Discovery Completion due by 4/27/2023. Non-Dispositive Motions due by 5/8/2023. ADR Future Reference 12/15/2022. Dispositive Motions due by 6/30/2023. Bench Trial set for 11/6/2023 09:00 AM in Courtroom 10S - St. Louis before District Judge Ronnie L. White. Pretrial Compliance due by 10/17/2023. Motion in Limine due by 10/17/2023) Signed by District Judge Ronnie L. White on 11/14/2022. (KCD)
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Filing 44
Docket Text ORDER: IT IS HEREBY ORDERED that the Rule 16 Telephone Conference previously scheduled for November 17, 2022, at 2:00 p.m., is CANCELED. The Court will issue a case management order based upon the parties Joint Proposed Scheduling Plan. Signed by District Judge Ronnie L. White on 11/14/22. (JEB)
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| Filing 43 JOINT SCHEDULING PLAN by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. . (Blaisdell, Amy) |
| Filing 42 RESPONSE to Motion re #34 MOTION to Dismiss Case filed by Plaintiffs Gerald Cohen, Sophie Cohen. (King, Brian) |
| Filing 41 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Ascension Health Alliance, Ascension Health Alliance, Ascension Alpha Fund LLC, Delaware entity, Crowe Healthcare Risk Consulting formerly known as Catholic Healthcare Audit Network, L.L.C., Missouri entity, Audit Network, L.L.C., Missouri entity, Catholic Health Ventures II, L.P. (CHV II, L.P.), Delaware partnership, Catholic Health Ventures III, L.P. (CHV III, L.P.), Delaware partnership, Catholic Health Ventures IV, L.P. (CHV IV, L.P.), Delaware partnership, Catholic Health Ventures V, L.P. (CHV V, L.P.), Delaware partnership, Preferred Professional Insurance Company, Nebraska entity, TCP-ASC ACHI Series LLLP, Delaware entity, Ascension Towerbrook Healthcare Opportunities, L.P., Cayman Islands, Ascension Health Alliance Professional and General Liability Self Insurance Trust, Ascension Workers Compensation Self Insurance Trust, Saint Luke Institute, Inc., Saint Luke Institute Foundation, Inc., Saint Vincent Hospital Foundation, Daughters of Charity, Inc., Brothers Communities and Ministries Investment Fund, Mercy Investment Services, Inc., Inner-City Scholarship Fund, Mercy Health Foundation, St. Elizabeth Hospital Foundation, Congregation of Mission International Fund, Catholic Medical Mission Board, Inc., Catholic Relief Services, Catholic Health System, Inc., The Ursuline Academy of Cleveland dba Ursuline Sisters of Cleveland, Fournier Retirement Fund, Inc.PA, Nazareth Literary & Benevolent InstitutionKY, Aquinas Institute of Theology, St. Benedicts Abbey, Bellarmine College Preparatory, Catholic Community Foundation of Minnesota, CM Investment Services LLC, Priests Pension Plan of the Archdiocese of Denver, Dominican Sisters of Peace, St. Marys Healthcare, Sisters of the Holy Cross, Impact Investing Charitable Trust, Henry J. Predolin Foundation, Via Christi Foundation, Inc., Congregation of the Sisters of Charity of the Incarnate Word, San Antonio, Catholic Health Initiatives, Crowe Horwath LLP, Ascension Health Ventures III, LLC d/b/a Ascension Ventures LLC, AHV Holding Company, LLC, Ascension Capital LLC, Commonspirit Health Operating, Franciscan Alliance, Trinity Health Corporation, Adventist Health System Sunbelt Healthcare Corporation, Decatur Memorial Hospital, IHC Health Services, Inc, McAuley Portfolio Management Company, The Carle Foundation, CentraCare Health System, Children's Medical Center of Dallas, Inova Health System Foundation, Novant Health, OhioHealth Corporation, OSF Healthcare System, Collaborative Health Ventures V, LP d/b/a CHV, LP, Anne Arundel Medical Center, NorthShore University Health System, Sentara Healthcare, Texas Health Resources, Towerbook Capital Partners, LP, ATHO GP, LP, TowerBrook ATHO Carry, LP (Delaware), TowerBrook ATHO Carry GP, LP (Cayman Islands), Towerbrook Investors Ltd.. (Blaisdell, Amy) |
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Filing 40
Docket Text ORDER: IT IS HEREBY ORDERED that Ascension Health Alliance's Motion to Seal its Amended Disclosure of Organizational Interests Certificate (ECF No. 30) is WITHDRAWN pursuant to the Notice of Withdrawal of Motion (ECF No. 39). Signed by District Judge Ronnie L. White on 10/27/22. (JEB)
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| Filing 39 NOTICE Withdrawal of Motion: by Defendant Ascension Health Alliance re #30 MOTION for Leave to File Under Seal (Blaisdell, Amy) |
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Filing 38
RULE 16 ORDER: This case is assigned to Track: Preliminary Track 2 (Standard) [SEE ORDER FOR COMPLETE DETAILS] (Joint Scheduling Plan due by 11/10/2022. Rule 16 Conference set for 11/17/2022 02:00 PM in Telephone Conference in Chambers before District Judge Ronnie L. White.) Signed by District Judge Ronnie L. White on 10/25/2022. (TMT)
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| Filing 37 FILING ERROR. FILED IN INCORRECT CASE Designation of Neutral by parties and ADR Conference Report by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan Neutral: Neuner Jr., Francis X. Date of Conference: December 12, 2022 time: 9 a.m. Location: via Zoom(Blaisdell, Amy) Modified on 10/24/2022 (KCD). |
| Filing 36 ANSWER to #17 Amended Complaint by Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan.(Blaisdell, Amy) |
| Filing 35 MEMORANDUM in Support of Motion re #34 MOTION to Dismiss Case filed by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Blaisdell, Amy) |
| Filing 34 MOTION to Dismiss Case by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. (Blaisdell, Amy) |
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Filing 33
ORDER: IT IS HEREBY ORDERED that Defendant Ascension shall show cause and provide specific case law demonstrating that it is appropriate to keep information related to its subsidiaries, including the the LLC and LP members of subsidiaries, private and under seal no later than November 7, 2022. Failure to do so will result in the Court imposing monetary sanctions for failure to follow this Court's Orders. (Show Cause Response due by 11/7/2022.) Signed by District Judge Ronnie L. White on October 24, 2022. (BRP)
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| Filing 32 REDACTED Amended Disclosure of Organizational Interests Certificate RE #31 Memorandum in Support by Defendant Ascension Health Alliance. . (Blaisdell, Amy) Modified on 10/21/2022 (KCD). |
| Filing 31 SEALED MEMORANDUM in Support of #30 MOTION for Leave to File Under Seal filed by Defendant Ascension Health Alliance. Redacted Copy due by 10/25/2022. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Blaisdell, Amy) |
| Filing 30 MOTION for Leave to File Under Seal by Defendant Ascension Health Alliance. (Blaisdell, Amy) |
| Filing 29 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Blue Cross and Blue Shield of Michigan, LifeSecure Insurance Company, LifeSecure Holdings Corporation. (Blaisdell, Amy) Modified on 10/18/2022 (CBL). |
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Filing 28
ORDER: IT IS HEREBY ORDERED that Defendant Ascension shall identify and disclose all corporate parents, affiliates, LLC, LP members, and subsidiaries as well as the LLC and LP members of subsidiaries no later than October 20, 2022. Failure to do so will result in the Court imposing monetary sanctions for failure to follow this Court's Orders. Signed by District Judge Ronnie L. White on 10/11/2022. (TMT)
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Filing 27
Docket Text ORDER: IT IS HEREBY ORDERED that Defendants' Consent Motion for Extension of Time to File Answer or Other Responsive Motion (ECF No. 26) is GRANTED. Defendants shall file their answer or other responsive motion no later than October 24, 2022. Signed by District Judge Ronnie L. White on 10/7/22. (JEB)
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| Filing 26 Consent MOTION for Extension of Time to File ;Extension to file the following: Answer or other responsive motion ;Proposed extension date October 24, 2022 by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. (Blaisdell, Amy) |
| Filing 25 ENTRY of Appearance by David Joseph Wasserman for Defendant Blue Cross and Blue Shield of Michigan. (Wasserman, David) |
| Filing 24 ENTRY of Appearance by Amy L. Blaisdell for Defendant Blue Cross and Blue Shield of Michigan. (Blaisdell, Amy) |
| Filing 23 MOTION for Relief Courts Notice of Noncompliance entered on September 29, 2022 regarding Ascensions Disclosure of Organizational Interests Certificate by Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc.. (Blaisdell, Amy) |
| Filing 22 Electronic Notice of Noncompliance as to Defendant Ascension Health Alliance. Review of this case shows your Disclosure of Organizational Interests was filed incorrectly. You must refile the disclosure and identify and add all corporate parents, affiliates, LLC, LP members, and subsidiaries as well as the LLC and LP members of subsidiaries. Disclosure of Organizational Interests Certificate due by 10/6/2022. (CBL) |
| Filing 21 ENTRY of Appearance by David Joseph Wasserman for Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc.. (Wasserman, David) |
| Filing 20 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Ascension SmartHealth Medical Plan, The. No corporate parents or affiliates identified. (Blaisdell, Amy) |
| Filing 19 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Ascension Health Alliance, Catholic Healthcare Audit Network, L.L.C., CHV III, L.P., CHV IV, L.P., Preferred Professional Insurance Company.. (Blaisdell, Amy) |
| Filing 18 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants Automated Benefits Services, Inc., Ascension Care Management Holdings, Ltd... (Blaisdell, Amy) |
| Filing 17 AMENDED COMPLAINT against defendant All Defendants Yes Summons(es) issued, Waivers issued Yes, Consents issued Yes, Non-Jury demand, , filed by S. C., G. C..(King, Brian) |
| Filing 16 SECOND Electronic Notice of Noncompliance as to Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. Review of this case shows the Disclosure of Organizational Interests Certificate has not been filed. The certificate must be filed with the Court within 5 days # (moed-0001.pdf). Disclosure of Organizational Interests Certificate due by 9/28/2022. (CBL) |
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Filing 15
Docket Text ORDER: IT IS HEREBY ORDERED that Brian King Verified Motion for Admission Pro Hac Vice (ECF No. 14) is GRANTED. Signed by District Judge Ronnie L. White on 9/22/22. (JEB)
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| Filing 14 MOTION for Leave to Appear Pro Hac Vice Brian S. King. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-9519098) by Plaintiffs G. C., S. C.. (Attachments: #1 Certificate of Good Standing)(King, Brian) |
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Filing 13
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file a request for leave to proceed under pseudonym/initials no later than Friday, September 23, 2022. In the alternative, Plaintiffs shall file an amended complaint, identifying the real parties at interest, no later than Friday, September 23, 2022. Failure to do so will result in the Court dismissing this action without prejudice for failure to follow this Court's Order. (Amended/Supplemental Pleadings due by 9/23/2022.) Signed by District Judge Ronnie L. White on 9/12/2022. (TMT)
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| Filing 12 ENTRY of Appearance by Amy L. Blaisdell for Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc.. (Blaisdell, Amy) |
| Filing 11 Electronic Notice re: Disclosure of Organizational Interests Certificate to Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services, Inc., Blue Cross and Blue Shield of Michigan. Pursuant to Local Rule 2.09, every non-governmental organizational party must file a Disclosure of Organizational Interests Certificate within ten (10) days of the party's first pleading or entry of appearance. Please complete and file the certificate as soon as possible # (moed-0001.pdf). (Disclosure of Organizational Interests Certificate due by 9/22/2022.) (TMT) |
| Filing 10 Case transferred in from District of Utah; Case Number 2:22-cv-00449. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
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Filing 9
RULING AND ORDER granting #8 Motion to Change Venue to USDC Eastern District of Missouri. Signed by Magistrate Judge Dustin B. Pead on 9/9/2022. (alf)
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| Filing 8 Stipulated MOTION to Change Venue filed by Plaintiffs G. C., S. C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(King, Brian) |
| Case Opening Notification. Judge Assigned: Honorable Ronnie L. White. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JBH) |
| Filing 7 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Amy L. Blaisdell, for Defendants Ascension Health Alliance, Ascension SmartHealth Medical Plan, The, Automated Benefits Services. (alf) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by S. C., G. C. as to Ascension SmartHealth Medical Plan, The Waiver sent on 7/27/2022, answer due 9/26/2022. (King, Brian) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by S. C., G. C. as to Ascension Health Alliance Waiver sent on 7/27/2022, answer due 9/26/2022. (King, Brian) |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by S. C., G. C. as to Automated Benefits Services Waiver sent on 7/27/2022, answer due 9/26/2022. (King, Brian) |
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a discovery schedule to defendant(s) in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 07/11/2022. (jl)
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| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4384672) filed by S. C., G. C.. (Attachments: #1 Civil Cover Sheet Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (King, Brian) |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs G. C., S. C. are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 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. (mh) |
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