Doe v. Rabobank Welfare Benefit Plan et al
| JOHN DOE |
| UNITED HEALTHCARE INSURANCE COMPANY, Rabobank Welfare Benefit Plan and UnitedHealthCare Insurance Company |
| 1:2021cv02177 |
| March 12, 2021 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on June 9, 2021. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge John P. Cronan: Telephone Conference held on June 9, 2021. The Court will set a case management plan by separate order. The parties are directed to file a post-discovery status letter, as described in the case management plan, on October 8, 2021. For reasons discussed at the conference, Plaintiff's application to proceed in this action under a pseudonym is granted, without prejudice to Defendant seeking to compel Plaintiff to use his true name later in this action. (Court Reporter Angela ODonnell). (mhe) |
Filing 26
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Settlement discussions have not taken place. The parties shall be ready for trial as of two weeks following the deadline for the proposed Joint Pretrial Order. This case is not to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is Per Plaintiff 1-2 hours; Per Defendant 1-2 days. Motions due by 7/1/2021. Deposition due by 10/1/2021. Fact Discovery due by 10/1/2021. Discovery due by 10/2/2021. (Signed by Judge John P. Cronan on 6/9/2021) (nb)
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Filing 25
NOTICE OF DISMISSAL OF DEFENDANT UNITEDHEALTHCARE INSURANCE COMPANY WITHOUT PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice, against the defendant UnitedHealthCare Insurance Company. The Court construes this filing as a notice of dismissal by Plaintiff pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which allows a plaintiff to dismiss an action without a court order. Accordingly, the Clerk of Court is directed to terminate only Defendant UnitedHealthcare Insurance Company from this case. SO ORDERED. UnitedHealthCare Insurance Company terminated. (Signed by Judge John P. Cronan on 6/7/2021) (vfr)
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| Filing 24 JOINT LETTER addressed to Judge John P. Cronan from Elizabeth K. Green dated June 7, 2021 re: Joint Pretrial Letter. Document filed by John Doe. (Attachments: #1 Civil Case Management Plan and Scheduling Order).(Green, Elizabeth) |
| Filing 23 ANSWER to #1 Complaint. Document filed by Rabobank Welfare Benefit Plan..(Pope, John) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rabobank Welfare Benefit Plan..(Pope, John) |
| Filing 21 NOTICE of Dismissal Of Defendant UnitedHealthcare Insurance Company Without Prejudice. Document filed by John Doe. (Attachments: #1 Text of Proposed Order).(Green, Elizabeth) |
| Filing 20 LETTER addressed to Judge John P. Cronan from Elizabeth K. Green dated June 2, 2021 re: Joint Pretrial Letter, Proposed Case Management Plan and Scheduling Order. Document filed by John Doe..(Green, Elizabeth) |
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Filing 19
ORDER granting #18 Letter Motion to Continue. Plaintiff's request is granted. The Initial Pretrial Conference scheduled for May 12, 2021, at 10:00 am is adjourned to June 9, 2021, at 10:00 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Further, Plaintiff is directed to be prepared to discuss whether he will be filing an application to proceed with this litigation anonymously. If so, Plaintiff should also be prepared to explain why he meets the standards for such an application and specifically address Sealed Plaintiff v. Sealed Defendant, 537 F.3d 185 (2d Cir. 2008) and any other controlling authority. SO ORDERED. ( Initial Conference set for 6/9/2021 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 5/5/21) (yv)
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| Filing 18 LETTER MOTION to Continue The Initial Pretrial Conference addressed to Judge John P. Cronan from Elizabeth K. Green dated May 5, 2021. Document filed by John Doe..(Green, Elizabeth) |
| Filing 17 CERTIFICATE OF SERVICE. Rabobank Welfare Benefit Plan served on 4/8/2021, answer due 6/7/2021. Service was made by Mail. Document filed by John Doe..(Killian, Eugene) |
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Filing 16
ORDER granting #15 Motion for Lisa S. Kantor to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| Filing 15 MOTION for Lisa S. Kantor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Lisa S. Kantor, #3 Text of Proposed Order).(Kantor, Lisa) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Lisa S. Kantor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 14 AFFIDAVIT OF SERVICE. UnitedHealthCare Insurance Company served on 3/25/2021, answer due 4/15/2021. Service was accepted by Sierra Chandler, Process Specialist/Authorized Agent. Document filed by John Doe..(Killian, Eugene) |
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Filing 13
ORDER granting #12 Motion for Elizabeth K. Gree to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Elizabeth K. Green to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 12 MOTION for Elizabeth K. Green to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Elizabeth K. Green, #3 Text of Proposed Order).(Green, Elizabeth) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lisa S. Kantor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24333309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Lisa S. Kantor, #3 Text of Proposed Order).(Kantor, Lisa) Modified on 3/31/2021 (vba). |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elizabeth K. Green to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24333254. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John Doe. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Elizabeth K. Green, #3 Text of Proposed Order).(Green, Elizabeth) Modified on 3/31/2021 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #11 MOTION for Lisa S. Kantor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24333309. Motion and supporting papers to be reviewed by Clerk's Office staff., #10 MOTION for Elizabeth K. Green to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24333254. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to UnitedHealthCare Insurance Company. (sj) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Rabobank Welfare Benefit Plan. (sj) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to United Healthcare Insurance Company, re: #1 Complaint. Document filed by John Doe..(Killian, Eugene) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Rabobank Welfare Benefit Plan, re: #1 Complaint. Document filed by John Doe..(Killian, Eugene) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eugene Killian, Jr. to RE-FILE Document No. #4 Request for Issuance of Summons, #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the correct official A.O. Summons form dated (Rev.06/12). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to UnitedHealthcare Insurance Company, re: #1 Complaint. Document filed by John Doe..(Killian, Eugene) Modified on 3/23/2021 (dnh). |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Rabobank Welfare Benefit Plan, re: #1 Complaint. Document filed by John Doe..(Killian, Eugene) Modified on 3/23/2021 (dnh). |
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Filing 3
ORDER FOR INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby ORDERED to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on May 12, 2021 at 10:00 a.m. Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at the IPTC. No later than seven days prior to the IPTC, it is further ORDERED that the parties shall submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 5/12/2021 at 10:00 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 3/17/21) (yv)
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| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Eugene Killian, Jr.. The following case opening statistical information was erroneously selected/entered: Dollar Demand $50,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $50,000;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Eugene Killian, Jr. to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF was not signed or dated by the attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Eugene Killian, Jr.. The party information for the following party/parties has been modified: JOHN DOE; UNITED HEALTHCARE INSURANCE COMPANY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Killian, Eugene) Modified on 3/15/2021 (jgo). |
| Filing 1 COMPLAINT against Rabobank Welfare Benefit Plan, UNITED HEALTHCARE INSURANCE COMPANY. (Filing Fee $ 402.00, Receipt Number ANYSDC-24243766)Document filed by JOHN DOE..(Killian, Eugene) |
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