G.F. et al v. BlueCross BlueShield of Texas et al
| Seth Frerking, Courtney Frerking and G. F. |
| United Surgical Partners International and BlueCross BlueShield of Texas |
| 2:2021cv04079 |
| April 12, 2021 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
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Filing 36
Order of Dismissal with Prejudice. Signed on 11/18/21 by District Judge M. Douglas Harpool. (View, Pat)
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Filing 35
STIPULATION of dismissal Joint Stipulation of Dismissal by BlueCross BlueShield of Texas. (Shippee, Meredith)
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Filing 34
SCHEDULING ORDER:(Dispositive Motions due by 3/31/2022.), ( Amended Pleadings due by 11/30/2021., Joinder of Parties due by 11/30/2021., Motions due by 2/24/2022., Status Report due by 12/30/2021.) Discovery due by 2/28/2022. The Court will set a trial date after considering and ruling upon dispositive motions. Signed on 8/24/21 by District Judge M. Douglas Harpool. (View, Pat)
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Filing 33
Joint PROPOSED SCHEDULING ORDER by G. F., Courtney Frerking, Seth Frerking. (Simon, Daniel)
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NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
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Filing 32
ORDER granting #30 motion for protective order. Signed on 8/16/2021 by District Judge M. Douglas Harpool. (Maerz, Mary)
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 8/14/2021 as Document No. 30-1, agreed confidentiality order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Warren, Melissa)
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Filing 31
DESIGNATION OF MEDIATOR naming Rich McLeod(Shippee, Meredith)
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Filing 30
Consent MOTION for protective order Unopposed Motion for Entry of Agreed Protective Order filed by Meredith A Shippee on behalf of BlueCross BlueShield of Texas. Suggestions in opposition/response due by 8/30/2021 unless otherwise directed by the court. (Attachments: # 1 Exhibit Exh. A - Agreed Confidentiality Order This document has been deleted. )(Shippee, Meredith)
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Filing 29
ORDER granting #16 partial Motion to Dismiss for Failure to State a Claim; granting #19 partial Motion to Dismiss for Failure to State a Claim. Signed on 8/11/2021 by District Judge M. Douglas Harpool. (Maerz, Mary)
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Filing 28
CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Darin Shreves on behalf of Defendant United Surgical Partners International.(Shreves, Darin)
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Filing 27
REPLY SUGGESTIONS to motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Meredith A Shippee on behalf of Defendant BlueCross BlueShield of Texas. (Related document(s) #16 ) (Shippee, Meredith)
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Filing 26
RESPONSE to motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant USPI filed by Daniel Stuart Simon on behalf of Plaintiffs G. F., Courtney Frerking, Seth Frerking. Reply suggestions due by 8/6/2021 unless otherwise directed by the court. (Simon, Daniel)
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Filing 25
RESPONSE to motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant BCBSTX filed by Daniel Stuart Simon on behalf of Plaintiffs G. F., Courtney Frerking, Seth Frerking. Reply suggestions due by 8/6/2021 unless otherwise directed by the court. (Simon, Daniel)
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Filing 24
AMENDED ANSWER to #1 Complaint,, filed by Mark E. Schmidtke on behalf of Defendant United Surgical Partners International. (Related document(s) #1 ) (Schmidtke, Mark)
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Filing 23
ORDER granting #22 motion for extension of time to file response/reply re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .Suggestions in opposition/response due by 7/23/2021 unless otherwise directed by the court. Signed on 7/12/2021 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Maerz, Mary)
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NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 7/9/2021 as Document No. 22-1, proposed order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word format. This is a text entry only - no document is attached. (Warren, Melissa)
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Filing 22
Consent MOTION for extension of time to file response/reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Daniel Stuart Simon on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/23/2021 unless otherwise directed by the court. (Attachments: # 1 MAP General Order This document has been deleted. )(Related document(s) #16 , #19 ) (Simon, Daniel)
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NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
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Filing 21
RULE 16 NOTICE. Proposed scheduling order due by 8/16/2021. Rule 26 conference due by 7/30/2021. Signed on 6/28/21 by District Judge M. Douglas Harpool. (View, Pat)
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Filing 20
ANSWER to #1 Complaint,, on behalf of United Surgical Partners International.(Shreves, Darin)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Darin Shreves on behalf of United Surgical Partners International. Suggestions in opposition/response due by 7/9/2021 unless otherwise directed by the court. (Shreves, Darin)
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Filing 18
ANSWER to #1 Complaint,, Answer to Count I of Plaintiffs' Complaint on behalf of BlueCross BlueShield of Texas.(Bishop, Martin)
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Filing 17
SUGGESTIONS IN SUPPORT #16 Memorandum In Support of Partial Motion to Dismiss Counts II, III, and IV of Plaintiffs' Complaint filed by Martin J. Bishop on behalf of BlueCross BlueShield of Texas. (Bishop, Martin) Modified on 6/25/2021 to reflect correct docket event and deadlines terminated. NEF regenerated (Warren, Melissa).
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Filing 16
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Martin J. Bishop on behalf of BlueCross BlueShield of Texas. Suggestions in opposition/response due by 7/9/2021 unless otherwise directed by the court. (Bishop, Martin)
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Filing 15
ORDER granting #14 motion to appear pro hac vice entered by Clerk of Court. Attorney Mark E. Schmidtke for United Surgical Partners International allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
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Filing 14
Motion to allow Mark E. Schmidtke to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7427993) filed by Darin Shreves on behalf of United Surgical Partners International. (Attachments: #1 Petition for Admission Pro Hac Vice, #2 Bar Admissions)(Shreves, Darin)
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Filing 13
ORDER GRANTING Motion for Extension of Time to File Responsive Pleading re #10 MOTION for extension of time to file Responsive Pleading with Supporting Documents filed by United Surgical Partners International, #1 Complaint,, filed by Seth Frerking, Courtney Frerking, G. F., United Surgical Partners International answer due 6/25/2021., Motions terminated: #10 MOTION for extension of time to file Responsive Pleading with Supporting Documents filed by United Surgical Partners International. Signed on 5/18/21 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (View, Pat)
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Filing 12
DISCLOSURE OF CORPORATE INTERESTS filed by John F Doyle on behalf of Defendant BlueCross BlueShield of Texas.(Doyle, John)
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Filing 11
NOTICE of appearance by Darin Shreves on behalf of United Surgical Partners International (Shreves, Darin)
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Filing 10
MOTION for extension of time to file Responsive Pleading with Supporting Documents filed by Darin Shreves on behalf of United Surgical Partners International. Suggestions in opposition/response due by 5/28/2021 unless otherwise directed by the court. (Attorney Darin Shreves added to party United Surgical Partners International(pty:dft))(Shreves, Darin)
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Filing 9
ORDER granting #7 motion to appear pro hac vice entered by Clerk of Court. Attorney Meredith A Shippee for BlueCross BlueShield of Texas allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 8
ORDER granting #6 motion to appear pro hac vice entered by Clerk of Court. Attorney Martin J. Bishop for BlueCross BlueShield of Texas allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal)
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Filing 7
Motion to allow Meredith A. Shippee to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7403955) filed by John F Doyle on behalf of BlueCross BlueShield of Texas. (Attachments: #1 Petition for Admission Pro Hac Vice)(Doyle, John)
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Filing 6
Motion to allow Martin J. Bishop to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7403940) filed by John F Doyle on behalf of BlueCross BlueShield of Texas. (Attachments: #1 Petition for Admission Pro Hac Vice)(Doyle, John)
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Filing 5
NOTICE of appearance by John F Doyle on behalf of BlueCross BlueShield of Texas (Attorney John F Doyle added to party BlueCross BlueShield of Texas(pty:dft))(Doyle, John)
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Filing 4
NOTICE of appearance by Robert L. Ortbals, Jr on behalf of BlueCross BlueShield of Texas (Attorney Robert L. Ortbals, Jr added to party BlueCross BlueShield of Texas(pty:dft))(Ortbals, Robert)
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Filing 3
RETURN OF WAIVER OF SERVICE filed by Seth Frerking, G. F., Courtney Frerking. Waiver sent to BlueCross BlueShield of Texas on 4/26/2021, answer due 6/25/2021. (Simon, Daniel)
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SUMMONS ISSUED as to BlueCross BlueShield of Texas. Summons forwarded to Plaintiff for service. (Warren, Melissa)
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Filing 2
NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Warren, Melissa)
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Filing 1
COMPLAINT against All Defendants filed by Daniel Stuart Simon on behalf of All Plaintiffs. Filing fee $402, receipt number 842313. Service due by 7/12/2021 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exh 1 Independent External Review IER, #3 Exhibit Exh 2 Acknowl by BCBSTX of IER Request, #4 Exhibit Exh 3 Acknowl by mcmc of IER Request, #5 Exhibit Exh 4 Dr. Hoernschemeyer Report, #6 Exhibit Exh 5 Dr. Bauer Report, #7 Exhibit Exh 6 Appeal of BCBS Denial, #8 Exhibit Exh 7 BCBSTX Medical Policy Medical Record Doc Guidelines)(Simon, Daniel)
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SUMMONS ISSUED as to BlueCross BlueShield of Texas and United Surgical Partners International. Summons forwarded to Plaintiff for service. (Warren, Melissa)
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