Gedeon v. United HealthCare Services, Inc.
| Jimmy Gedeon |
| United HealthCare Services, Inc. |
| 1:2022cv00388 |
| September 28, 2022 |
| US District Court for the District of New Hampshire |
| Joseph N Laplante |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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ENDORSED ORDER reviewing #21 Status Report. Text of Order: Reviewed. Next status report due 10/2/2023. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 21 STATUS REPORT by United HealthCare Services, Inc. : Defendant has filed a demand for arbitration with AAA(Theodore, Ashley) |
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Filing 20
ORDER granting #10 MOTION to Compel Arbitration and Stay The Complaint. The case is stayed pending resolution of the arbitration proceedings. UHCS shall provide status reports every 60 days from the date of this order. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 19 MEMORANDUM in Opposition re #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 (Supplemental Memo in Opposition) filed by Jimmy Gedeon. Follow up on Reply on 5/25/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Moore, Allyson) |
| Filing 18 MEMORANDUM in Support re #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 (Supplemental Memo in Support) filed by United HealthCare Services, Inc.. (Theodore, Ashley) |
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ENDORSED ORDER re #10 MOTION to Compel Arbitration and Stay The Complaint. Text of Order: During the hearing held on April 25, 2023, the court and counsel discussed two issues that remain unresolved and undeveloped in the briefing: (1) whether the plaintiff is required to arbitrate his claims against United HealthCare Services Inc. when UnitedHealth Group (and not United HealthCare Services Inc.) is the named party to the subject arbitration agreement, and (2) whether the defendant demanded arbitration within the time allowed under 27 of the arbitration agreement. The parties shall each file a memorandum, not to exceed 10 pages (not including exhibits), to address those issues on or before May 18, 2023. This deadline may be modified by agreement between the parties. So Ordered by Judge Joseph N. Laplante.(jb)
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 4/25/2023 re #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9. Court to notify parties on or before May 2, 2023 if additional briefing will be necessary. (Court Reporter: Liza Dubois) (Pltfs Atty: Allyson Moore) (Defts Atty: Ashley Rae Theodore)(Total Hearing Time: 43 minutes) (jb) |
| RESCHEDULING HEARING NOTICE (date change) re: #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9. Motion Hearing reset for 4/25/2023 at 09:00 AM (from 4/4/2023) before Judge Joseph N. Laplante.(jb) |
| NOTICE OF CANCELLATION: Motion Hearing set for 4/4/2023 at 2:00 pm is hereby CANCELLED. The parties shall work with the deputy clerk to reschedule. (jb) |
| RESCHEDULING HEARING NOTICE (date change) re: #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9. Motion Hearing reset for 4/4/2023 at 02:00 PM (from 4/10/2023) before Judge Joseph N. Laplante.(jb) |
| HEARING NOTICE re: #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document #9 . Motion Hearing set for 4/19/2023 at 10:00 AM before Judge Joseph N. Laplante.(jb) |
| Filing 17 SURREPLY to Reply to #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 filed by Jimmy Gedeon. (Moore, Allyson) |
| ERROR NOTICE WITHDRAWN - Permission given to file reply at hearing - NOTICE of ECF Filing Error re: #16 Reply to Objection to Motion filed by United HealthCare Services, Inc. Pursuant to LR 7.1(e)(2), a memorandum in reply to an objection or opposition to a nondispositive motion shall not be permitted without prior leave of court. Filing party shall re-file their Reply consistent with LR 7.1(e)(2). If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 3/10/2023.(jb) Modified on 3/8/2023 to error withdrawn text (jb). |
| Filing 16 REPLY to Objection to Motion re #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 filed by United HealthCare Services, Inc.. Surreply due by 3/13/2023. (Theodore, Ashley) |
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ENDORSED ORDER granting #15 Motion to Extend Time to Object/Respond to #13 Objection to Motion, to March 8, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 3/8/2023. (jb)
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| Filing 15 MOTION to Extend Time to Object/Respond to #13 Objection to Motion, to March 8, 2023 filed by United HealthCare Services, Inc..Follow up on Objection on 3/17/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Theodore, Ashley) |
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ENDORSED ORDER granting #14 Assented to MOTION to Extend Time to Object/Respond to #13 Objection to Motion, to March 3, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 3/3/2023. (jb)
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| Filing 14 Assented to MOTION to Extend Time to Object/Respond to #13 Objection to Motion, to March 3, 2023 filed by United HealthCare Services, Inc..(Theodore, Ashley) |
| Filing 13 OBJECTION to #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 filed by Jimmy Gedeon. Follow up on Reply on 2/28/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit A - Email July 8, 2022)(Moore, Allyson) |
| Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held via video-conference on 2/7/2023. Plaintiff to file objection in 14 days to the pending Motion to Compel Arbitration and Stay the Complaint (doc. no. #10 ). Parties are granted leave to file a reply and a surreply. (Pltfs Atty: Allyson Moore) (Defts Atty: Ashley Rae Theodore)(Total Hearing Time: 5 minutes) (jb) |
| NOTICE of Hearing. In Chambers Conference set via video-conference for 2/7/2023 at 10:00 AM before Judge Joseph N. Laplante.(jb) |
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Order Appointing Counsel. Appointment of Attorney Allyson L. Moore for Jimmy Gedeon for civil case. Assignment accepted on 1/17/2023. Appointment Nunc Pro Tunc to 1/17/2023. Text of Order: The court hereby appoints Allison L. Moore nunc pro tunc as counsel for the plaintiff for the limited purpose of the pending Motion to Compel Arbitration and Stay the Complaint (doc. no. #10 . So Ordered by Judge Joseph N. Laplante.(jb)
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| Minute Entry for proceedings held before Judge Joseph N. Laplante. IN CHAMBERS CONFERENCE held via video-conference on 1/20/2023. Court to appoint counsel for pro se plaintiff as to pending motion to compel arbitration and stay the complaint. (Court Reporter: Brenda Hancock) (Pltfs Atty: Jimmy Gedeon) (Defts Atty: Ashley Rae Theodore)(Total Hearing Time: 7 minutes) (jb) |
| RESCHEDULING NOTICE of Hearing (time change). In Chambers Conference set via video-conference for 1/20/2023 at 02:45 PM (from 3:00 pm) before Judge Joseph N. Laplante.(jb) |
| NOTICE of Hearing. In Chambers Conference via video-conference set for 1/20/2023 at 03:00 PM before Judge Joseph N. Laplante.(jb) |
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ORDER re Rule 16 Scheduling Order. No pretrial conference will be scheduled until after resolution of the pending Motion to Compel Arbitration and Stay the Complaint (doc. no. #10 ). Given the issues raised in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b) to after the rescheduled pretrial conference. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 12 OBJECTION to #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9.. Follow up on Reply on 11/30/2022. (jb) |
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ENDORSED ORDER re #10 MOTION to Compel Arbitration and Stay The Complaint. Text of Order: The plaintiff's objection to the pending Motion to Compel Arbitration and Stay the Complaint (doc. no. #10 ) is overdue. In an abundance of caution and in deference to the plaintiff's pro se status, the court sua sponte extends the plaintiff's objection deadline. If the objection is not filed on or before 11/22/2022, the court will assume that the plaintiff assents to the motion, and rule on it without a responsive filing. So Ordered by Judge Joseph N. Laplante.(jb)
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ENDORSED ORDER re #6 Objection to #1 Notice of Removal. Text of Order: The removal appears to be lawful as subject matter jurisdiction appears to lie in this court. The plaintiff may seek to add a party or parties as authorized under the Rules of Civil Procedure. So Ordered by Judge Joseph N. Laplante.(jb)
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| Filing 11 Addendum/ to #10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 by United HealthCare Services, Inc.. (Theodore, Ashley) |
| Filing 10 MOTION to Compel Arbitration and Stay The Complaint Replaces Document 9 filed by United HealthCare Services, Inc..Follow up on Objection on 10/31/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Memorandum of Law, #2 Exhibit Declaration of Susan Weedman, #3 Exhibit Offer Letter and Arbitration Policy, #4 Exhibit Arbitration Agreement and signed acknowledgment, #5 Exhibit Internal Dispute Resolution Appeal Form)(Theodore, Ashley) |
| Filing 9 RE-FILED AS DOC. NO. #10 - MOTION to Compel Arbitration and Stay The Complaint Replaces Document 8 filed by United HealthCare Services, Inc..Follow up on Objection on 10/31/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit Ex 1 to MOL, #3 Exhibit Ex A to Ex 1, #4 Exhibit Ex B to Ex 1, #5 Exhibit Ex C to Ex 1)(Theodore, Ashley) Modified on 10/17/2022 to add re-filed text (jb). |
| NOTICE of ECF Filing Error re: #9 MOTION to Compel Arbitration and Stay The Complaint Replaces Document #8 filed by United HealthCare Services, Inc.. No description of exhibit or attachment was included. Exhibit or attachment shall be followed by a short description of the document and shall not exceed five words. AP 2.5(a). See #Properly Attach Exhibits to Pleadings in ECF. Filer shall email the exhibit descriptions as outlined by AP 2.5(a) to the case manager at jadean_barthelmes@nhd.uscourts.gov. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.(jb) |
| NOTICE of ECF Filing Error re: #8 MOTION to Compel Arbitration and Stay The Complaint filed by United HealthCare Services, Inc.. Exhibits or Attachments added as one PDF document. Filer shall refile the main pleading and all exhibits in one entry as separate PDF documents and enter in the docket text: Replaces document no. #8 . If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-369-5374.Compliance Deadline set for 10/26/2022.(jb) |
| Filing 8 RE-FILED AS DOC. NO. #9 - MOTION to Compel Arbitration and Stay The Complaint filed by United HealthCare Services, Inc..Follow up on Objection on 10/28/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit)(Theodore, Ashley) Modified on 10/17/2022 to add re-filed text: (jb). |
| Filing 7 RESPONSE re #6 Objection to filed by United HealthCare Services, Inc.. (Theodore, Ashley) |
| Filing 5 Certified Copies of State Court Record. State Court Case No. 217-2022-CV-00918, Merrimack County Superior Court(Theodore, Ashley) |
| Filing 6 Objection to #1 Notice of Removal filed by Jimmy Gedeon. (jb) |
| Filing 4 Assented to MOTION to Extend Time to Answer to October 14, 2022 filed by United HealthCare Services, Inc..(Theodore, Ashley) |
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ENDORSED ORDER granting #4 Motion to Extend Time to Answer to October 14, 2022 re #1 Notice of Removal - New Case. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 10/14/2022. (jb)
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| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ed) |
| Case assigned to Judge Joseph N. Laplante. The case designation is: 1:22-cv-388-JL. Please show this number with the judge designation on all future pleadings. (ed) |
| Filing 3 NOTICE of Attorney Appearance by Debra Weiss Ford on behalf of United HealthCare Services, Inc. Attorney Debra Weiss Ford added to party United HealthCare Services, Inc.(pty:dft).(Ford, Debra) |
| Filing 2 Disclosure Statement by United HealthCare Services, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Theodore, Ashley) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Merrimack Superior Court, case number 217-2022-CV-00918 (filing fee $402, receipt number ANHDC-2296205) filed by United HealthCare Services, Inc.. Answer Follow Up on 10/19/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 10/12/2022. (Attachments: #1 Exhibit 1 - Complaint (Charge of Discrimination), #2 Exhibit 2 - Notice of Removal from NH Commission for Human Rights to State Court, #3 Notice of Removal to Pro Se Plaintiff, #4 Notice of Removal to State Court Clerk, #5 Civil Cover Sheet)(Theodore, Ashley) |
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| Plaintiff: Jimmy Gedeon | |
| Represented By: | Allyson Moore |
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| Defendant: United HealthCare Services, Inc. | |
| Represented By: | Debra Weiss Ford |
| Represented By: | Ashley Rae Theodore |
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