Smith v. Caring for Montanans, Inc. et al
Plaintiff: Victoria Smith
Defendant: Caring for Montanans, Inc., Blue Cross and Blue Shield of Montana, Inc., Health Service Care Corporation and John Does 1-10
Case Number: 1:2022cv00050
Filed: May 23, 2022
Court: US District Court for the District of Montana
Presiding Judge: Kathleen L DeSoto
Referring Judge: Susan P Watters
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1446 Breach of Contract- Insurance
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 8, 2022 Opinion or Order Filing 20 REPLY to Response to Motion re #7 MOTION to Dismiss filed by Health Service Care Corporation. (Auerbach, Daniel)
July 7, 2022 Opinion or Order Filing 19 NOTICE of Acknowledgment of Pro Hac Vice Order by Health Service Care Corporation re #14 Order on Motion to Appear Pro Hac Vice, (Wyrick, Dianna)
July 7, 2022 Opinion or Order Filing 18 NOTICE of Acknowledgment of Pro Hac Vice Order by Health Service Care Corporation re #15 Order on Motion to Appear Pro Hac Vice, (Deegan, Robert)
June 30, 2022 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss . Replies due by 7/8/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 6/30/2022. (APP)
June 30, 2022 Opinion or Order Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply Daniel J. Auerbach appearing for Defendant Health Service Care Corporation Motions referred to Kathleen L. DeSoto. (Attachments: #1 Text of Proposed Order Proposed Order) (Auerbach, Daniel)
June 30, 2022 Opinion or Order Filing 15 ORDER granting #13 Motion to Appear Pro Hac Vice for Attorney Robert C. Deegan for Health Service Care Corporation. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 7/15/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 6/30/2022. (APP)
June 30, 2022 Opinion or Order Filing 14 ORDER granting #12 Motion to Appear Pro Hac Vice for Attorney Dianna C. Wyrick for Health Service Care Corporation. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 7/15/2022. Signed by Magistrate Judge Kathleen L. DeSoto on 6/30/2022. (APP)
June 22, 2022 Opinion or Order Filing 13 Unopposed MOTION Robert C. Deegan to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2892046.) Daniel J. Auerbach appearing for Defendant Health Service Care Corporation Motions referred to Kathleen L. DeSoto. (Attachments: #1 Exhibit A, #2 Proposed Order) (Auerbach, Daniel)
June 22, 2022 Opinion or Order Filing 12 Unopposed MOTION Dianna C. Wyrick to Appear Pro Hac Vice ( Filing fee $ 262 receipt number AMTDC-2892045.) Daniel J. Auerbach appearing for Defendant Health Service Care Corporation Motions referred to Kathleen L. DeSoto. (Attachments: #1 Exhibit A, #2 Proposed Order) (Auerbach, Daniel)
June 21, 2022 Opinion or Order Filing 11 RESPONSE to Motion re #7 MOTION to Dismiss filed by Victoria Smith. (Attachments: #1 Exhibit February 11, 2022 letter) (Person, James)
June 15, 2022 Opinion or Order Filing 10 NOTICE of Appearance by James A. Person on behalf of Victoria Smith (Person, James)
June 15, 2022 Opinion or Order Filing 9 Order Withholding Consent. Consent to the jurisdiction of the U.S. Magistrate Judge having been either withheld or met with objection, this case remains ASSIGNED to the Honorable Judge Watters. The case remains REFERRED to the Honorable Judge DeSoto. Signed by Judge Susan P. Watters on 6/15/2022. (APP)
May 31, 2022 Opinion or Order Filing 8 Brief/Memorandum in Support re #7 MOTION to Dismiss filed by Health Service Care Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B) (Auerbach, Daniel)
May 31, 2022 Opinion or Order Filing 7 MOTION to Dismiss Daniel J. Auerbach appearing for Defendant Health Service Care Corporation Motions referred to Kathleen L. DeSoto. (Auerbach, Daniel)
May 31, 2022 Opinion or Order Filing 6 PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 8/23/2022. Joint Discovery Plan due by 8/16/2022. Statement of Stipulated Facts due by 8/23/2022. Telephonic Pretrial Conference set for 8/30/2022 at 02:00 PM in Missoula, MT before Magistrate Judge Kathleen L. DeSoto. Signed by Magistrate Judge Kathleen L. DeSoto on 5/31/2022. (APP)
May 25, 2022 Opinion or Order Filing 5 STATE COURT DOCKET SHEET (Attachments: #1 State Court Documents) (SAC)
May 25, 2022 Opinion or Order Filing 4 STATE COURT ANSWER to #3 Complaint with Jury Demand by Caring for Montanans, Inc.. (SAC)
May 25, 2022 Opinion or Order Filing 3 STATE COURT COMPLAINT against All Defendants, filed by Victoria Smith. (SAC)
May 25, 2022 Opinion or Order Filing 2 Service of Consent to Magistrate Judge as Presiding Judge form. Consent/Objection to USMJ Form due by 6/8/2022. (APP)
May 23, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by Health Service Care Corporation from MT 13th Judicial District Court of Yellowstone Co., case number DV-56-2022-0000170-DK., filed by Health Service Care Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet) (JLE)
May 23, 2022 Opinion or Order Filing fee: $ 402.00, receipt number AMTDC-2875945. (JLE)

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Defendant: Caring for Montanans, Inc.
Represented By: Stefan T. Wall
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Defendant: Blue Cross and Blue Shield of Montana, Inc.
Represented By: Stefan T. Wall
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Defendant: Health Service Care Corporation
Represented By: Daniel J. Auerbach
Represented By: Dianna C. Wyrick
Represented By: Robert C. Deegan
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Defendant: John Does 1-10
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Plaintiff: Victoria Smith
Represented By: Jory C. Ruggiero
Represented By: Maxwell E. Kirchhoff
Represented By: James A. Person
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