Davis v. PacificSource Health Plans, Inc.
| Mitchell Davis |
| PacificSource Health Plans, Inc. |
| 9:2019cv00180 |
| November 7, 2019 |
| US District Court for the District of Montana |
| Donald W Molloy |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 STATEMENT OF STIPULATED FACTS by Mitchell Davis. (Cossi, Domenic) |
| Filing 40 PRELIMINARY PRETRIAL STATEMENT by Mitchell Davis. (Attachments: #1 Exhibit Exhibit A to Davis Preliminary Pretrial Statement, #2 Exhibit Exhibit B to Davis Preliminary Pretrial Statement) (Cossi, Domenic) |
| Filing 39 PRELIMINARY PRETRIAL STATEMENT by PacificSource Health Plans, Inc.. (Lukes, Robert) |
| Filing 38 JOINT DISCOVERY PLAN by PacificSource Health Plans, Inc.. (Lukes, Robert) |
Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply re #31 MOTION to Dismiss. Responses due by 1/17/2020. Signed by Judge Donald W. Molloy on 12/20/2019. (dle)
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| Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss Domenic A. Cossi appearing for Plaintiff Mitchell Davis (Attachments: #1 Text of Proposed Order Proposed Order) (Cossi, Domenic) |
| Filing 35 NOTICE of Appearance by Maxwell E. Kirchhoff on behalf of All Plaintiffs (Kirchhoff, Maxwell) |
| Filing 34 NOTICE of Appearance by Domenic A. Cossi on behalf of All Plaintiffs (Cossi, Domenic) |
| Filing 33 NOTICE of Substitution of Counsel by PacificSource Health Plans, Inc. (Lukes, Robert) |
| Filing 32 Brief/Memorandum in Support re #31 MOTION to Dismiss filed by PacificSource Health Plans, Inc.. (Lukes, Robert) |
| Filing 31 MOTION to Dismiss Robert C. Lukes appearing for Defendant PacificSource Health Plans, Inc. (Lukes, Robert) |
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Filing 30
PRELIMINARY PRETRIAL CONFERENCE ORDER: Preliminary Pretrial Statement due by 12/31/2019. Joint Discovery Plan due by 12/31/2019. Statement of Stipulated Facts due by 12/31/2019. Preliminary Pretrial Conference set for 1/8/2020 at 1:30 PM in the Russell Smith Courthouse, Missoula, MT before Judge Donald W. Molloy. Signed by Judge Donald W. Molloy on 11/15/2019. (dle)
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Filing 29
ORDER. IT IS ORDERED that the attorneys of record must comply with District of Montana Local Rule 83.1(d) before this case proceeds. IT IS FURTHER ORDERED that any outstanding requests for relief in Defendant's First Motion to Dismiss (Doc. 10) are DENIED as MOOT. IT IS FURTHER ORDERED that Defendant shall file a responsive pleading or motion within 21 days of the date of this Order. Signed by Judge Donald W. Molloy on 11/13/2019. (NOS)
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| Filing 28 Case transferred in from District of Nevada; Case Number 2:19-cv-00045. Original file, certified copy of transfer order and docket sheet received. (ASG, ) |
| Filing 27 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/30/2019 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Joseph Mott; Def Counsel: Alissa Bestick and Jeffrey Ballin; Court Reporter: Heather Newman; Recording start and end times: 10:42 a.m. - 11:12 a.m.; Courtroom: Thomas & Mack Moot Court Room at UNLV's Boyd School of Law; The court makes preliminary remarks regarding defendant's motion to dismiss ECF. #10 . Arguments are heard.IT IS ORDERED that this case is transferred to the District of Montana. The Clerk of Court is directed to TRANSFER this case to the DISTRICT OF MONTANA and CLOSE THIS CASE. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) [Transferred from nvd on 11/7/2019.] |
| Filing 26 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 10/22/2019. Oral argument on defendant PacificSource Health Plan's motion to dismiss #10 will be held on Wednesday, October 30, 2019 on a stacked calendar beginning at 10:00 a.m. in the Thomas & Mack Moot Court Room at UNLV's Boyd School of Law. Each side will be limited to 10 minutes of argument time. Judge Gordon strongly encourages litigants to permit more junior members of the litigation team (especially for this hearing, Boyd Law graduates) to appear for oral argument. Judge Gordon will entertain reasonable requests for a more senior attorney to supplement arguments made by a junior attorney.We have arranged a limited number of reserved parking spaces at UNLV for the lawyers who are arguing cases. Carpooling is encouraged. If you would like to park on campus, please notify my chambers (702-868-4940) as soon as possible so your name can be added to the list of reserved parking spaces. First come, first served.(no image attached) (Copies have been distributed pursuant to the NEF - CS) Modified on 10/23/2019 to reflect correct date(MMM). [Transferred from nvd on 11/7/2019.] |
| Filing 25 SUPPLEMENT re #10 Motion to Dismiss, filed by PacificSource Health Plans, Inc.. (Attachments: #1 Exhibit A) (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
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Filing 24
ORDER Granting #23 Stipulation for Extension of Time re #20 Scheduling Order (First Request). Discovery due by 3/9/2020. Motions due by 4/6/2020. Proposed Joint Pretrial Order due by 5/6/2020. Signed by Magistrate Judge Cam Ferenbach on 8/14/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 11/7/2019.]
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| Filing 23 First STIPULATION FOR EXTENSION OF TIME (First Request) re Discovery by Defendant PacificSource Health Plans, Inc.. (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
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Filing 22
ORDER. IT IS ORDERED that #13 defendant PacificSource Health Plans, Inc.'s unopposed motion to supplement is GRANTED. Defendant shall file a copy of the Policy on or before 8/16/19. Signed by Judge Andrew P. Gordon on 8/2/2019. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from nvd on 11/7/2019.]
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| Filing 21 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (MR) [Transferred from nvd on 11/7/2019.] |
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Filing 20
SCHEDULING ORDER re #19 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/9/2019. Motions due by 1/7/2020. Proposed Joint Pretrial Order due by 2/6/2020. Signed by Magistrate Judge Cam Ferenbach on 6/18/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 11/7/2019.]
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| Filing 19 PROPOSED Discovery Plan/Scheduling Order by Plaintiff Mitchell Davis (Mott, Joseph) [Transferred from nvd on 11/7/2019.] |
| Filing 18 REPLY to Response to #10 Motion to Dismiss, by Defendant PacificSource Health Plans, Inc.. (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
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Filing 17
ORDER Granting #16 Stipulation for Extension of Time re #10 Motion to Dismiss (First Request). Replies due by 4/23/2019. Signed by Judge Andrew P. Gordon on 4/16/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 11/7/2019.]
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| Filing 16 FIRST STIPULATION FOR EXTENSION OF TIME re #10 MOTION to Dismiss; filed by Defendant PacificSource Health Plans, Inc.. (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
| Filing 15 RESPONSE to #10 Motion to Dismiss, by Plaintiff Mitchell Davis. Replies due by 4/16/2019. (Mott, Joseph) [Transferred from nvd on 11/7/2019.] |
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Filing 14
ORDER Granting #12 Stipulation for Extension of Time re #10 Motion to Dismiss (First Request). Responses due by 4/9/2019. Signed by Judge Andrew P. Gordon on 3/27/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 11/7/2019.]
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| Filing 13 First MOTION for Leave to File Supplement to Motion to Dismiss re #10 Motion to Dismiss, by Defendant PacificSource Health Plans, Inc.. (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
| Filing 12 STIPULATION FOR EXTENSION OF TIME (First Request) re #10 First MOTION to Dismiss, filed by Plaintiff Mitchell Davis. (Mott, Joseph) Court modified on 3/27/2019 to add docket entry relationship pursuant to LR IC 2-2(d) (TR). [Transferred from nvd on 11/7/2019.] |
| Filing 11 CERTIFICATE of Interested Parties by PacificSource Health Plans, Inc.. There are no known interested parties other than those participating in the case (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
| Filing 10 First MOTION to Dismiss by Defendant PacificSource Health Plans, Inc.. Responses due by 3/27/2019. Discovery Plan/Scheduling Order due by 4/27/2019. (Bestick, Alissa) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 11/7/2019.] |
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Filing 9
ORDER Granting #8 Stipulation for Extension of Time re #5 Amended Complaint (First Request). PacificSource Health Plans, Inc. answer due 3/13/2019. Signed by Magistrate Judge Cam Ferenbach on 2/27/2019. (Copies have been distributed pursuant to the NEF - MR) [Transferred from nvd on 11/7/2019.]
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| Filing 8 First STIPULATION FOR EXTENSION OF TIME (First Request) to Answer by Defendant PacificSource Health Plans, Inc.. (Bestick, Alissa) [Transferred from nvd on 11/7/2019.] |
| Filing 7 ACCEPTANCE OF SERVICE by PacificSource Health Plans, Inc. on 2/6/2019 executed by Mitchell Davis. (Mott, Joseph) [Transferred from nvd on 11/7/2019.] |
| Filing 6 Summons Issued as to PacificSource Health Plans, Inc. re #5 Amended Complaint. (ADR) [Transferred from nvd on 11/7/2019.] |
| Filing 5 AMENDED COMPLAINT with Jury Demand against All Defendants by Mitchell Davis. Adds and removes parties. Proof of service due by 5/5/2019. (Attachments: #1 Summons)(Mott, Joseph) [Transferred from nvd on 11/7/2019.] |
| Filing 4 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 1/8/2019. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) [Transferred from nvd on 11/7/2019.] |
| Filing 3 Summons Issued as to PacificSource Health Plans, Inc. re #1 Complaint. (MR) [Transferred from nvd on 11/7/2019.] |
| Filing 2 CERTIFICATE of Interested Parties by Mitchell Davis. There are no known interested parties other than those participating in the case (Mott, Joseph) [Transferred from nvd on 11/7/2019.] |
| Filing 1 COMPLAINT against PacificSource Health Plans, Inc. (Filing fee $400 receipt number 0978-5383561) by Mitchell Davis. Proof of service due by 4/7/2019. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Mott, Joseph) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from nvd on 11/7/2019.] |
| Case assigned to Judge Andrew P. Gordon and Magistrate Judge Cam Ferenbach. (MR) [Transferred from nvd on 11/7/2019.] |
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