Boomershine et al v. Excellus Health Plan, Inc. et al
Plaintiff: Therese Boomershine and Julia Polidore
Defendant: Lifetime Healthcare, Inc. and Excellus Health Plan, Inc.
Case Number: 6:2015cv06641
Filed: October 23, 2015
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: Elizabeth A Wolford
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 5, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2020 Filing 32 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/19/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
July 5, 2020 Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 1/7/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
July 5, 2020 Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/1/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/5/2020. Release of Transcript Restriction set for 10/5/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
June 24, 2020 Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/2/2020, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi Macri, Contact Info christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/15/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/22/2020. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CM)
April 16, 2019 E-Filing Notification: RE #28 MOTION to Withdraw as Attorney - any efiling should only be in the lead action, motion terminated (TF)
April 15, 2019 Filing 28 MOTION to Withdraw as Attorney filed on behalf only of Jessica L. Staiger, Esq., upon her acceptance of employment as internal counsel; Kirkland & Ellis, Ms. Staiger's former employer, to remain as one of the law firms representing the Blue Cross & Blue Shield Association by Blue Cross and Blue Shield Association.Associated Cases: 6:15-cv-06569-EAW-JJM et al.(D'Antonio, Thomas)
October 1, 2018 Filing 27 TEXT ORDER: Pursuant to the Court's Orders of November 5, 2015 (Dkt. 27 ), and November 10, 2015 (Dkt. #28 ), Civil Case Nos. 15-cv-6577, 15-cv-6584, 15-cv-6598, 15-cv-6641, 15-cv-6643, 15-cv-6651, 15-cv-6652, 15-cv-6684, 15-cv-6685, 15-cv-6700, 15-cv-6683, 15-cv-6710, and 15-cv-6739 (collectively the "Member Cases") were consolidated into the instant matter (Civil Case No. 15-cv-6569 (the "Lead Case")). The Court has determined that, for purposes of judicial efficiency, the Member Cases should be administratively terminated. Any party objecting to the administrative termination of the Member Cases must file such objection in the Lead Case only on or before October 15, 2018. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/01/2018. Associated Cases: 6:15-cv-06569-EAW-JJM et al.(CDH) Modified on 10/1/2018 to correct case number for lead case. (CDH).
April 13, 2018 Filing 26 NOTICE of Appearance by Vess A. Miller on behalf of Therese Boomershine Associated Cases: 6:15-cv-06569-EAW et al.(Miller, Vess)
November 2, 2017 Filing 25 NOTICE of Change of Address by Tina Wolfson Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
March 21, 2016 Filing 24 NOTICE by Kenneth Fisher, Patricia Fisher re (85 in 6:15-cv-06569-EAW, 85 in 6:15-cv-06569-EAW) Text Order, Set Hearings,, Appear Telephonically At Scheduling Conference Associated Cases: 6:15-cv-06569-EAW et al.(Laufenberg, Cari)
December 11, 2015 E-Filing Notification: Reminder: Case #15cv6569 is the LEAD ACTION, All docketing/filings shall be done in the LEAD ACTION RE: RESPONSE in Opposition (8 in 6:15-cv-06651-EAW, 14 in 6:15-cv-06577-EAW, 16 in 6:15-cv-06598-EAW, 17 in 6:15-cv-06641-EAW, 15 in 6:15-cv-06584-EAW, 44 in 6:15-cv-06569-EAW, 4 in 6:15-cv-06685-EAW, 3 in 6:15-cv-06700-EAW, 9 in 6:15-cv-06652-EAW, 6 in 6:15-cv-06684-EAW, 8 in 6:15-cv-06643-EAW) (TF)
December 10, 2015 Filing 23 RESPONSE in Opposition re (8 in 6:15-cv-06651-EAW, 14 in 6:15-cv-06577-EAW, 16 in 6:15-cv-06598-EAW, 17 in 6:15-cv-06641-EAW, 15 in 6:15-cv-06584-EAW, 44 in 6:15-cv-06569-EAW, 4 in 6:15-cv-06685-EAW, 3 in 6:15-cv-06700-EAW, 9 in 6:15-cv-06652-EAW, 6 in 6:15-cv-06684-EAW, 8 in 6:15-cv-06643-EAW) MOTION to Appoint Counsel Calihan Group as Class Counsel, (7 in 6:15-cv-06684-EAW, 50 in 6:15-cv-06569-EAW, 9 in 6:15-cv-06643-EAW, 16 in 6:15-cv-06584-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel , (39 in 6:15-cv-06569-EAW) MOTION to Appoint Counsel Motion to Appoint Faraci Weitz Group as Interim Class Counsel, (45 in 6:15-cv-06569-EAW) MOTION to Appoint Counsel filed by Juanita McLeod, Raymond A. McLeod. Associated Cases: 6:15-cv-06569-EAW et al.(Fusco, Matthew)
November 19, 2015 E-Filing Notification: ALL FILINGS/DOCKETING SHALL BE DONE IN THE LEAD CASE 15CV6569 and Document contains so ordered line and should be submitted via e-mail to the assigned judge. Refer to the Administrative Guide for e-mail addresses. No action required RE: #22 CONTINUATION OF EXHIBITS (TF)
November 18, 2015 Filing 22 CONTINUATION OF EXHIBITS by Carole Preston, Gary Preston. to (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 5 in 6:15-cv-06685-EAW) MOTION to Appoint Counsel Text of Proposed Order filed by Carole Preston, Gary Preston. Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 21 DECLARATION signed by Jeremiah Frei-Pearson re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel filed by Carole Preston, Gary Preston . Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 20 DECLARATION signed by Tina Wolfson re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel filed by Carole Preston, Gary Preston . Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 19 MEMORANDUM IN SUPPORT re (7 in 6:15-cv-06684-EAW, 16 in 6:15-cv-06584-EAW, 50 in 6:15-cv-06569-EAW, 18 in 6:15-cv-06641-EAW, 4 in 6:15-cv-06700-EAW, 5 in 6:15-cv-06685-EAW, 17 in 6:15-cv-06598-EAW, 10 in 6:15-cv-06652-EAW, 9 in 6:15-cv-06643-EAW, 15 in 6:15-cv-06577-EAW, 9 in 6:15-cv-06651-EAW) MOTION to Appoint Counsel byCarole Preston, Gary Preston. Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 Filing 18 MOTION to Appoint Counsel by Carole Preston, Gary Preston.Associated Cases: 6:15-cv-06569-EAW et al.(Wolfson, Tina)
November 18, 2015 E-Filing Notification: ALL FILINGS/DOCKETING SHALL BE DONE IN THE LEAD CASE 15CV6569 RE: #20 DECLARATION #19 MEMORANDUM IN SUPPORT #21 DECLARATION #17 #18 MOTION to Appoint Counsel. No action required. Clerk to terminate motions in this case. (TF)
November 18, 2015 For future reference, please note all documents must be electronically filed in only LEAD CASE 15-CV-6569 and not filed in any of the member cases. Additionally, do not choose the "SPREAD" option when elect ronically filing your document as this will cause your document to be filed in every case. If you have any questions, please contact the Clerk's Office at 585-613-4000. (LB)
November 17, 2015 Filing 17 MOTION to Appoint Counsel Calihan Group as Class Counsel by Kenneth Fisher, Patricia Fisher, Lawrence F Thompson, LouAnn Malta.Associated Cases: 6:15-cv-06569-EAW et al.(Calihan, Robert)
November 10, 2015 Filing 16 -CLERK TO FOLLOW UP-ORDER granting #6 Motion for Pro Hac Vice by Eric H. Gibbs; granting #7 Motion for Pro Hac Vice by David M. Berger ; granting #8 Motion for Pro Hac Vice by Linh G. Vuong; granting #9 Motion for Pro Hac Vice by Lynn A. Toops. Signed by Hon. Elizabeth A. Wolford on 11/10/2015. (CDH).
November 10, 2015 Opinion or Order Filing 15 ORDER renouncing membership in putative class. Signed by Hon. Elizabeth A. Wolford on 11/10/2015. Associated Cases: 6:15-cv-06569-EAW et al.(CDH).
November 9, 2015 Opinion or Order Filing 14 ORDER that the following cases are consolidated together with case 15-cv-06569 and assigned to the Honorable Elizabeth Wolford: 15-cv-6577, 15-cv-6584, 15-cv-6598, 15-cv-6641, 15-cv-6643, 15-cv-6651, 15-cv-6652. Counsel's motions for interim leadership of all the consolidated cases must be filed on or before 11/17/2015. The Clerk of Court shall list all cases provided in this order as being consolidated and assigned for further action to the Honorable Elizabeth Wolford. Signed by Hon. Michael A. Telesca on 11/5/2015. (LB) Modified file date on 11/9/2015 (LB).
November 9, 2015 Remark: This case has been consolidated with 15-cv-6569. All future docketing should be done in that action. (LB)
November 5, 2015 Case reassigned to Hon. Elizabeth A. Wolford. Hon. Michael A. Telesca, Hon. Charles J. Siragusa no longer assigned to the case. (LB)
November 4, 2015 Filing 13 Corporate Disclosure Statement by Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (Schmidt, John)
November 2, 2015 Filing 12 NOTICE OF MOTION by Therese Boomershine, Julia Polidore re #9 MOTION to appear pro hac vice of Lynn A. Toops ( Filing fee $ 150 receipt number 0209-2392698.), #7 MOTION to appear pro hac vice David M. Berger ( Filing fee $ 150 receipt number 0209-2392688.), #6 MOTION to appear pro hac vice by Eric H. Gibbs ( Filing fee $ 150 receipt number 0209-2392684.), #8 MOTION to appear pro hac vice Linh G. Vuong ( Filing fee $ 150 receipt number 0209-2392694.) (Bruns, Kathryn) Modified on 11/3/2015 (TF).
November 2, 2015 ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. Associated Cases: 6:15-cv-06641-MAT et al.(MD)
November 2, 2015 E-Filing Notification: Pursuant to Local Rule 7, a notice of motion is required for all motions. Action required, please file a NOTICE of Motion using the "Notice" event and link to all motions RE: #9 MOTION to appear pro hac vice #7 MOTION to appear pro hac vice #6 MOTION to appear pro hac vice and #8 MOTION to appear pro hac vice (TF)
October 30, 2015 Filing 11 NOTICE of Appearance by Mark J. Moretti on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Moretti, Mark)
October 30, 2015 Filing 10 NOTICE of Appearance by John G. Schmidt, Jr on behalf of Excellus Health Plan, Inc., Lifetime Healthcare, Inc. (Schmidt, John)
October 30, 2015 Filing 9 MOTION to appear pro hac vice of Lynn A. Toops ( Filing fee $ 150 receipt number 0209-2392698.) by Therese Boomershine. (Attachments: #1 Kathryn Bruns Sponsoring Affidavit, #2 Applicant's Certificate of Good Standing)(Bruns, Kathryn)
October 30, 2015 Filing 8 MOTION to appear pro hac vice Linh G. Vuong ( Filing fee $ 150 receipt number 0209-2392694.) by Therese Boomershine. (Attachments: #1 Kathryn Bruns Sponsoring Affidavit, #2 Applicant's Certificate of Good Standing)(Bruns, Kathryn)
October 30, 2015 Filing 7 MOTION to appear pro hac vice David M. Berger ( Filing fee $ 150 receipt number 0209-2392688.) by Therese Boomershine. (Attachments: #1 Kathryn Bruns Sponsoring Affidavit, #2 Applicant's Certificate of Good Standing)(Bruns, Kathryn)
October 30, 2015 Filing 6 MOTION to appear pro hac vice by Eric H. Gibbs ( Filing fee $ 150 receipt number 0209-2392684.) by Therese Boomershine. (Attachments: #1 Kathryn Bruns Sponsoring Affidavit, #2 Applicant's Certificate of Good Standing)(Bruns, Kathryn)
October 30, 2015 Filing 5 NOTICE of Appearance by Kathryn Lee Bruns on behalf of Therese Boomershine (Bruns, Kathryn)
October 28, 2015 RE: #3 and #4 - SUMMONS Returned Executed by Therese Boomershine, Julia Polidore. Excellus Health Plan, Inc. served on 10/27/2015, answer due 11/17/2015; Lifetime Healthcare, Inc. served on 10/27/2015, answer due 11/17/2015. (TF)
October 28, 2015 E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required #3 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint and #4 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint on 10/27/2015, (TF)
October 27, 2015 Filing 4 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Lifetime Healthcare, Inc. on 10/27/2015, filed by Therese Boomershine, Julia Polidore. (Matarazzo, Hadley)
October 27, 2015 Filing 3 AFFIDAVIT of Service for Summons in a Civil Action and Class Action Complaint with Demand for Jury Trial served on Excellus Health Plan, Inc. on 10/27/2015, filed by Therese Boomershine, Julia Polidore. (Matarazzo, Hadley)
October 26, 2015 Filing 2 Summons Issued as to Excellus Health Plan, Inc., Lifetime Healthcare, Inc.. (TF) (TF).
October 26, 2015 Case assigned to Hon. Michael A. Telesca. (TF)
October 26, 2015 AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
October 26, 2015 Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF)
October 23, 2015 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0209-2387940.), filed by Therese Boomershine, Julia Polidore. (Attachments: #1 Civil Cover Sheet, #2 Summons in a Civil Action, #3 Summons in a Civil Action)(Matarazzo, Hadley)

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Search for this case: Boomershine et al v. Excellus Health Plan, Inc. et al
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Plaintiff: Therese Boomershine
Represented By: Eric H. Gibbs
Represented By: Linh G. Vuong
Represented By: Lynn A. Toops
Represented By: Kathryn Lee Bruns
Represented By: David M. Berger
Represented By: Vess A. Miller
Represented By: Hadley L. Matarazzo
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Plaintiff: Julia Polidore
Represented By: Eric H. Gibbs
Represented By: Linh G. Vuong
Represented By: Lynn A. Toops
Represented By: David M. Berger
Represented By: Hadley L. Matarazzo
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Defendant: Lifetime Healthcare, Inc.
Represented By: Mark J. Moretti
Represented By: John G. Schmidt, Jr.
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Defendant: Excellus Health Plan, Inc.
Represented By: Mark J. Moretti
Represented By: John G. Schmidt, Jr.
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