Lobodocky et al v. Medxcel Facilities Management, LLC et al
| Vicki L. Lobodocky |
| Medxcel Facilities Management, LLC, The Prudential Insurance Company of America and Ascension Health Alliance doing business as Ascension |
| 4:2024cv00718 |
| May 22, 2024 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Henry Edward Autrey |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
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| Filing 44 Case transferred in from District of Indiana Southern; Case Number 1:23-cv-00767. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
| Filing 43 Transfer Letter to Clerk of the Eastern District of Missouri, St. Louis Division. Case transferred electronically to Eastern District of Missouri on 5/22/2024. (JSR) |
Filing 42
CLOSED TRANSFER to the Eastern District of Missouri - The motion to transfer venue is granted. Dkt. #36 . The motion to dismiss under Rule 12(b)(3) is denied. Dkt. #23 . The clerk SHALL TRANSFER this case to the Eastern District of Missouri, St. Louis division and close this case on the docket. (See Order.) Signed by Judge James Patrick Hanlon on 5/22/2024. (JSR)
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| Case Opening Notification. Judge Assigned: Honorable Henry Edward Autrey. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (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 41 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Amy Louise Blaisdell hereby notifies the Clerk of the court of changed contact information. (Blaisdell, Amy) |
| Filing 40 NOTICE OF JOINING CO-DEFENDANTSALTERNATIVE MOTION TO TRANSFER AND THEIR REPLY IN SUPPORT, filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re #36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. 1404(a), #39 Reply in Support of Motion. (Schwartz-Fenwick, Samuel) |
| Filing 39 REPLY in Support of Motion re #36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. 1404(a) , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy) |
| Filing 38 RESPONSE in Opposition re #36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. 1404(a) , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY. (Brady, Nicholas) |
| Filing 37 NOTICE OF JOINING CO-DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS, filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re #35 Reply in Support of Motion. (Schwartz-Fenwick, Samuel) |
| Filing 36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. 1404(a), filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
| Filing 35 REPLY in Support of Motion re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy) |
| Filing 34 MARGINAL ENTRY - granting #33 Unopposed MOTION for Extension of Time to File Reply to December 5, 2023 re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT. Signed by Magistrate Judge Mario Garcia on 11/27/23.(NAD) |
| Filing 33 Unopposed MOTION for Extension of Time to File Reply to December 5, 2023 re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
| Filing 32 RESPONSE in Opposition re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY. (Attachments: #1 Exhibit Ex. 1 - Mathais Complaint, #2 Exhibit Ex. 2 - Smith Complaint, #3 Text of Proposed Order Proposed Order Denying Defendants' Motion to Dismiss)(Brady, Nicholas) |
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Filing 31
ORDER - granting #30 Unopposed MOTION for Extension of Time to File Response to November 21, 2023 re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT . Signed by Magistrate Judge Mario Garcia on 11/20/23. (NAD)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response to November 21, 2023 re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss)(Bond, Tonya) |
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Filing 29
ORDER - GRANTING #28 UNOPPOSED MOTION TO RESET NOVEMBER 13, 2023 INITIAL PRETRIAL CONFERENCE. IT IS THEREFORE ORDERED that the telephonic Initial Pretrial Conference currently set for November 13, 2023 is vacated and will be reset via separate entry. Signed by Magistrate Judge Mario Garcia on 11/9/23.(NAD)
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| Filing 28 Unopposed MOTION to Reset November 13, 2023 Status Conference, filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Reset November 13, 2023 Status Conference)(Bond, Tonya) |
| Filing 27 NOTICE of Appearance by Nicholas M. Brady on behalf of Plaintiff VICKI L LOBODOCKY. (Brady, Nicholas) |
| Filing 26 NOTICE of Joining Co-Defendants' Motion to Dismiss, filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT. (Schwartz-Fenwick, Samuel) |
| Filing 25 Rule 7.1 Disclosure Statement by THE PRUDENTIAL INSURANCE COMPANY OF AMERICA identifying Corporate Parent PRUDENTIAL FINANCIAL INC. for THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.. (Schwartz-Fenwick, Samuel) |
| Filing 24 BRIEF/MEMORANDUM in Support re #23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Exhibit A)(Blaisdell, Amy) |
| Filing 23 MOTION to Dismiss PLAINTIFF'S COMPLAINT, filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
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Filing 22
ORDER granting #21 Motion for Extension of Time. The deadline for all Defendants to answer or otherwise respond to the Complaint shall be extended to October 26, 2023. Signed by Magistrate Judge Mario Garcia on 9/27/2023. (LBT)
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| Filing 21 Consent MOTION for Extension of Time to October 26, 2023 in which to #1 Complaint , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
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Filing 20
ORDER - granting #19 Motion to Stay. The telephonic Initial Pretrial Conference set on August 10, 2023 at 2:30 p.m. is VACATED and rescheduled to November 13, 2023 at 11:30 a.m. (Eastern). No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. (See Order.) Signed by Magistrate Judge Mario Garcia on 7/31/2023.(CW)
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| Filing 19 Joint MOTION to Stay Case for Settlement, filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
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Filing 18
ORDER granting #17 Motion for Extension of Time to File: IT IS ORDERED that the motion is GRANTED; the deadline for all Defendants to answer or otherwise respond to the Complaint shall be extended to August 23, 2023. See Order. Signed by Magistrate Judge Mario Garcia on 7/10/2023. (LF)
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| Filing 17 Unopposed MOTION for Extension of Time to August 23, 2023 in which to #1 Complaint , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Attachments: #1 Text of Proposed Order)(Blaisdell, Amy) |
| Filing 16 NOTICE of Appearance by Amy Louise Blaisdell on behalf of Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to File a Response to the Complaint to 7/24/2023. Signed by Magistrate Judge Mario Garcia on 6/22/2023. (JRB)
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| Filing 14 Second MOTION for Extension of Time to July 24, 2023 to Respond to Plaintiff's Complaint, filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (Attachments: #1 Text of Proposed Order Proposed Order)(Schwartz-Fenwick, Samuel) |
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Filing 13
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 8/10/2023 02:30 PM (Eastern Time) before Magistrate Judge Mario Garcia. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Mario Garcia on 6/7/2023.(SWM)
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| Filing 12 NOTICE of Appearance by Samuel Schwartz-Fenwick on behalf of Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (Schwartz-Fenwick, Samuel) |
| Filing 11 NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (Schwartz-Fenwick, Samuel) |
| Filing 10 WAIVER OF SERVICE Returned Executed, filed by VICKI L LOBODOCKY(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER JOHN LOBODOCKY, DECEASED), VICKI L LOBODOCKY(FOR HERSELF ). ASCENSION HEALTH ALLIANCE D/B/A ASCENSION waiver sent on 5/24/2023. (Bond, Tonya) |
| Filing 9 WAIVER OF SERVICE Returned Executed, filed by VICKI L LOBODOCKY(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER JOHN LOBODOCKY, DECEASED), VICKI L LOBODOCKY(FOR HERSELF ). MEDXCEL FACILITIES MANAGEMENT, LLC waiver sent on 5/24/2023. (Bond, Tonya) |
| Filing 8 Rule 7.1 Disclosure Statement by VICKI L LOBODOCKY. (Bond, Tonya) |
| Filing 7 Summons Issued as to ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (KAA) |
| Filing 6 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) |
| Filing 4 PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA) |
| Filing 3 NOTICE of Appearance by George M. Plews on behalf of Plaintiff VICKI L LOBODOCKY. (Plews, George) |
| Filing 2 NOTICE of Appearance by Tonya J. Bond on behalf of Plaintiff VICKI L LOBODOCKY. (Bond, Tonya) |
| Filing 1 COMPLAINT against ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, filed by VICKI L LOBODOCKY. (Filing fee $402, receipt number AINSDC-7620958) (Attachments: #1 Exhibit 1 - Ascension Life Insurance Summary Plan Description, #2 Exhibit 2 - 20190924 Email Re Benefits_Redacted, #3 Exhibit 3 - 20190927 Email Re Benefits_Redacted, #4 Exhibit 4- open enrollment information, #5 Exhibit 5 - 20200220 Email Re Accelerate Life Benefit Option Claim Form_Redacted, #6 Exhibit 6 - 20200518 Letter Re Premiums, #7 Exhibit 7 - 20200619 Termination and Continuation of Benefits Letter, #8 Exhibit 8 - 20200623 Email Re Calling Alex_Redacted, #9 Exhibit 9 - 20200622 Email Calculating Benefit Premiums_Redacted, #10 Exhibit 10 - 0200706 COBRA Continuation Letter, #11 Exhibit 11 - 20210513 Notice the Alex Died_Redacted, #12 Exhibit 12 - 20210515 Email Re Review Life Insurance Claim, #13 Exhibit 13 - 20210607 Prudential Letter Stating No Policy, #14 Exhibit 14 - 20220309 Boonswang Request for Plan Documents, #15 Exhibit 15 - 20220509 Boonswang Demand to Medxcel, #16 Exhibit 16 - 20220714 Email Re Conversion Right Not Exercised, #17 Exhibit 17 - 20220831 Boonswng Demand to Medxcel, #18 Exhibit 18 - 20230310 Email Re Plan Documents, #19 Exhibit 19 - Ascension Plan Documents, #20 Exhibit 20 - Prudential Policy, #21 Civil Cover Sheet, #22 Proposed Summons, #23 Proposed Summons, #24 Proposed Summons, #25 Proposed Summons, #26 Proposed Summons, #27 Proposed Summons)(Bond, Tonya) |
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