Upper Valley Behavioral Health v. Blue Cross and Blue Shield of New Mexico, Inc. et al
Plaintiff: Upper Valley Behavioral Health
Defendant: Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation and Blue Cross and Blue Shield Association
Case Number: 2:2024cv00106
Filed: February 2, 2024
Court: US District Court for the District of New Mexico
Presiding Judge: Kenneth J Gonzales
Referring Judge: Kirtan Khalsa
2 Judge: Jennifer M Rozzoni
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Insurance Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2024 Filing 28 AMENDED COMPLAINT against Health Care Service Corporation. terminating Blue Cross and Blue Shield of New Mexico, Inc. (a New Mexico corporation )., filed by Upper Valley Behavioral Health. (Attachments: #1 Exhibit 2023 PRM, #2 Exhibit First Audit Request, #3 Exhibit Reimbursement Demand, #4 Exhibit UVBH Reconsideration Request, #5 Exhibit Second Audit Request, #6 Exhibit Prepayment Review Letter, #7 Exhibit Requests for Medical Records, #8 Exhibit Exemplar Notice of Denial, #9 Exhibit Chronological Correspondence Between Parties, #10 Exhibit Response to UVBH Demand Letter, #11 Exhibit UVBH Presuit Demand Letter, #12 Exhibit Notice of Termination of BHSEA)(Hernandez, Alexander)
March 22, 2024 Filing 27 Corporate Disclosure Statement by Upper Valley Behavioral Health (Hernandez, Alexander)
March 13, 2024 Opinion or Order Filing 26 ORDER by Magistrate Judge Kirtan Khalsa granting #20 Unopposed MOTION to Stay Discovery by Health Care Service Corporation. (eh)
March 8, 2024 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation. (Gooch, Christina)
March 1, 2024 Filing 24 NOTICE of Voluntary Dismissal by Upper Valley Behavioral Health (Hernandez, Alexander)
February 26, 2024 Filing 23 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 16. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
February 23, 2024 Opinion or Order Filing 22 ORDER VACATING INITIAL SCHEDULING CONFERENCE by Magistrate Judge Kirtan Khalsa. In light of the pending Unopposed Motion to Stay Discovery (Doc. 20), the Telephonic Rule 16 Initial Scheduling Conference set for March 14, 2024, before Judge Khalsa, and all associated deadlines, are hereby VACATED and will be reset at a later date by separate order. (See Doc. 9.) The Court will not decide the motion to stay until Blue Cross and Blue Shield of New Mexico has filed its anticipated motion to dismiss. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bkr)
February 21, 2024 Filing 20 Unopposed MOTION to Stay Discovery by Health Care Service Corporation. (Gooch, Christina)
February 21, 2024 Filing 19 NOTICE by Upper Valley Behavioral Health re Association Dues for Attorney Licensed Outside the District, 18 Association of Attorney Licensed Outside the District, (Marquez, Daniel)
February 21, 2024 Filing 18 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Upper Valley Behavioral Health by Daniel Anthony Marquez on behalf of: Alexander Ross Hernandez Law Office of Alexander Ross Hernandez P.O. Box 769Flatonia, Texas 78941 979.702.3963 arh@alexrosshernandez.com (Association Dues - Online Payment) (Marquez, Daniel)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 21, 2024 Association Dues Received: $ 100 receipt number ANMDC-9229157 re: # 18 Association of Attorney Licensed Outside the District, filed by Upper Valley Behavioral Health (Payment made via Pay.gov)(Marquez, Daniel)
February 20, 2024 Filing 17 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Kenneth J. Gonzales as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Jennifer M. Rozzoni no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (eh)
February 13, 2024 Filing 15 NOTICE by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation re 14 Association of Attorney Licensed Outside the District,, (Gooch, Christina)
February 13, 2024 Filing 14 ASSOCIATION of Attorney Licensed Outside the District for Defendants Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation by Christina Muscarella Gooch on behalf of: Elaina R. Valtierra-Doherty 10 South Wacker Drive, 40th FloorChicago, Illinois 60606-7507 312-207-2859 evaltierradoherty@reedsmith.com (Association Dues - Online Payment) (Gooch, Christina)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 13, 2024 Filing 13 NOTICE by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation re 12 Association of Attorney Licensed Outside the District,, (Gooch, Christina)
February 13, 2024 Filing 12 ASSOCIATION of Attorney Licensed Outside the District for Defendants Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation by Christina Muscarella Gooch on behalf of: Martin J. Bishop 10 South Wacker Drive, 40th FloorChicago, Illinois 60606-7507 312-207-2859 MBishop@ReedSmith.com (Association Dues - Online Payment) (Gooch, Christina)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 13, 2024 Filing 11 NOTICE by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation re 10 Association of Attorney Licensed Outside the District,, (Gooch, Christina)
February 13, 2024 Filing 10 ASSOCIATION of Attorney Licensed Outside the District for Defendants Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation by Christina Muscarella Gooch on behalf of: Jason T. Mayer Reed Smith LLP 10 South Wacker Drive, 40th FloorChicago, Illinois 60606-7507 312-207-2859 jmayer@reedsmith.com (Association Dues - Online Payment) (Gooch, Christina)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 13, 2024 Opinion or Order Filing 9 INITIAL SCHEDULING ORDER by Magistrate Judge Kirtan Khalsa. Counsel and any pro se parties are to meet and confer by 2/22/2024. The parties' Joint Status Report and Provisional Discovery Plan is due by 3/4/2024. A Telephonic Rule 16 Initial Scheduling Conference is set for 3/14/2024 at 01:30 PM before Judge Khalsa. Counsel and any pro se parties are to call the Court's AT&T conference line at (877) 848-7030 and enter the code 7324132 to connect to the proceedings. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 3/8/2024. (dr)
February 13, 2024 Association Dues Received: $ 100 receipt number ANMDC-9219138 re: # 14 Association of Attorney Licensed Outside the District,, filed by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation (Payment made via Pay.gov)(Gooch, Christina)
February 13, 2024 Association Dues Received: $ 100 receipt number ANMDC-9219128 re: # 12 Association of Attorney Licensed Outside the District,, filed by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation (Payment made via Pay.gov)(Gooch, Christina)
February 13, 2024 Association Dues Received: $ 100 receipt number ANMDC-9219108 re: # 10 Association of Attorney Licensed Outside the District,, filed by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation (Payment made via Pay.gov)(Gooch, Christina)
February 6, 2024 Filing 8 Filing fee: $ 405, receipt number 1004135 (da)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
February 6, 2024 Filing 7 NOTICE by Blue Cross and Blue Shield of New Mexico, Inc., Health Care Service Corporation of State Court Record re 1 Notice of Removal,, (Attachments: #1 Exhibit A: D-202-CV-2024-00167, State Court Pleadings) (Gooch, Christina) Modified on 2/6/2024 (bap).
February 5, 2024 Filing 6 NOTICE by Blue Cross and Blue Shield Association, Health Care Service Corporation (Gooch, Christina)
February 2, 2024 Filing 5 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jennifer M. Rozzoni to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr)
February 2, 2024 Filing 3 Corporate Disclosure Statement by Blue Cross and Blue Shield Association, Health Care Service Corporation identifying Corporate Parent Health Care Service Corporation for Blue Cross and Blue Shield Association. (Gooch, Christina)
February 2, 2024 Filing 2 NOTICE by Blue Cross and Blue Shield Association, Health Care Service Corporation (Gooch, Christina)
February 2, 2024 United States Magistrate Judge Jennifer M. Rozzoni and United States Magistrate Judge Kirtan Khalsa assigned. (dr)
February 2, 2024 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)

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Plaintiff: Upper Valley Behavioral Health
Represented By: Daniel Anthony Marquez
Represented By: Alexander Ross Hernandez
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Defendant: Blue Cross and Blue Shield of New Mexico, Inc.
Represented By: Elaina R Valtierra-Doherty
Represented By: Jason Mayer
Represented By: Martin J. Bishop
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Defendant: Health Care Service Corporation
Represented By: Christina Muscarella Gooch
Represented By: Elaina R Valtierra-Doherty
Represented By: Jason Mayer
Represented By: Martin J. Bishop
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Defendant: Blue Cross and Blue Shield Association
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