L. et al v. Excellus Blue Cross Blue Shield et al
| Richard M. and Julie L. |
| Excellus Blue Cross Blue Shield and University of Rochester Benefits Plan, The |
| 6:2018cv06753 |
| October 18, 2018 |
| US District Court for the Western District of New York |
| Michael A. Telesca |
| Jonathan W Feldman |
| Elizabeth A Wolford |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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Filing 37
ORDER granting plaintiff's counsel's request to appear by telephone at the scheduling conference set for January 9, 2019 at 10:00 AM. Plaintiff's counsel is directed to call chambers at 585-613-4070 at the appointed date and time. Signed by Hon. Jonathan W. Feldman on 12/10/18. (SR)
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| Filing 36 MOTION for Leave to Appear by Telephone by Julie L., Richard M..(King, Brian) |
| Filing 35 NOTICE of Appearance by Louis Orbach on behalf of Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The (Orbach, Louis) |
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Filing 34
ORDER: Scheduling Conference set for 1/9/2019 at 10:00 AM before Hon. Jonathan W. Feldman. A joint proposed discovery plan is to be electronically filed with the Court no later than 4 business days prior to the scheduling conference. Signed by Hon. Jonathan W. Feldman on 11/19/18. (SR)
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| Filing 33 TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Jonathan W. Feldman for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/16/18. (TF) |
| Filing 32 Letter filed by University of Rochester Benefits Plan, The, Excellus Blue Cross Blue Shield as to University of Rochester Benefits Plan, The, Excellus Blue Cross Blue Shield to request the Court remove from Docket Attorney Maralyn English as counsel for defendants. (Messer, Suzanne) |
| Filing 31 Corporate Disclosure Statement by Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (Messer, Suzanne) |
| Filing 30 ANSWER to #3 Amended Complaint by Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The.(Messer, Suzanne) |
| Filing 29 TEXT ORDER re #17 Motion to Dismiss. On October 30, 2018, the Court issued a Text Order informing the parties of its intent to terminate Defendants' #17 motion to dismiss based upon the stipulated transfer of venue from the District of Utah to this Court. (Dkt. 25). The parties had until November 2, 2018, to submit a written response informing the Court of any outstanding issues related to the disposition of this motion. The Court has not received any such response from either side. Accordingly, Defendants' #17 motion to dismiss is hereby terminated. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/05/2018. (PFC) |
| Filing 28 TEXT ORDER granting #27 Motion to appear pro hac vice. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/01/2018. (PFC)-CLERK TO FOLLOW UP- |
| Filing 27 MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-3265242.) by Julie L., Richard M.. (Attachments: #1 Exhibit Admission Petition, #2 Affidavit Sponsoring Affidavit, #3 Exhibit Attorneys Oath, #4 Exhibit Civility Oath, #5 Exhibit Database Info, #6 Exhibit ECF Application)(Pfaff, E.) |
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Filing 26
STIPULATION AND ORDER extending time to answer. Answer due date updated as to Excellus Blue Cross Blue Shield answer due 11/15/2018 and University of Rochester Benefits Plan, The answer due 11/15/2018. Signed by Hon. Elizabeth A. Wolford on 10/30/18. (TF)
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| Filing 25 TEXT ORDER re: #17 Motion to Dismiss. Upon review of the record, it appears to the Court that Defendants' pending motion to dismiss (Dkt. 17) has been resolved by the stipulated transfer of venue in this matter from the District of Utah to this Court. Accordingly, the Court intends to terminate the motion to dismiss, unless any party informs the Court in writing by no later than November 2, 2018, that there are outstanding issues set forth therein that require resolution. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/30/2018.(CDH) |
| Filing 24 MOTION for Extension of Time to File Response/Reply by Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (Attachments: #1 Text of Proposed Order)(Messer, Suzanne) |
| Filing 23 NOTICE of Appearance by Suzanne M. Messer on behalf of All Defendants (Messer, Suzanne) |
| Filing 22 TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. Elizabeth A. Wolford for all further proceedings. Signed by Hon. Michael A. Telesca on 10/29/2018. (LB) |
| Filing 21 NOTICE of Appearance by E. Peter Pfaff on behalf of All Plaintiffs (Pfaff, E.) |
| Filing 20 Case transferred in from District of Utah; Case Number 2:18-cv-00330. |
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Filing 19
ORDER TO TRANSFER VENUE-granting Stipulated #18 Motion to Change Venue. Signed by Judge Clark Waddoups on 10/17/18. (jmr) [Transferred from utd on 10/18/2018.]
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| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF) |
| E-Filing Notification: #20 Case transferred in from District of Utah. If you are not admitted in the WDNY you must either file a motion to appear Pro hac vice or seek admission in this District and register to file and receive service of documents electronically through the district's Case Management/Electronic Case Filing system (CM/ECF). The registration form and attorney admission instructions and forms can be located on the Court's Public Web site at www.nywd.uscourts.gov. Mailed notice to plaintiff's attorney. (TF) |
| 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) |
| Filing 18 Stipulated MOTION to Change Venue filed by Plaintiffs Julie L., Richard M.. (Attachments: #1 Text of Proposed Order Proposed Order)(King, Brian) [Transferred from utd on 10/18/2018.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , or in the Alternative, MOTION to Change Venue and Memorandum in Support filed by Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (Attachments: #1 Exhibit 1 - Declaration of Scott Latshaw, #2 Exhibit 2 - Declaration of Mary Bowe, #3 Exhibit 3 - Declaration of Krista Shunk, #4 Exhibit 4 - Declaration of James Haefner)(English, Maralyn) [Transferred from utd on 10/18/2018.] |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer re #3 Amended Complaint. Answer deadlines updated for: Excellus Blue Cross Blue Shield answer due 8/29/2018; University of Rochester Benefits Plan, The answer due 8/29/2018. Signed by Judge Clark Waddoups on 8/22/18 (alt) Modified on 8/29/2018 to correct answer due date per order (tcs). [Transferred from utd on 10/18/2018.]
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| Filing 15 Second MOTION for Extension of Time to File Answer re #3 Amended Complaint and Memorandum in Support filed by Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (Attachments: #1 Text of Proposed Order)(English, Maralyn) [Transferred from utd on 10/18/2018.] |
| Filing 14 All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Clark Waddoups. Magistrate Judge Dustin B. Pead no longer assigned to the case. (las) [Transferred from utd on 10/18/2018.] |
| Filing 13 RECEIVED Consent/Reassignment Form from Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (las) [Transferred from utd on 10/18/2018.] |
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Filing 12
ORDER granting #8 Motion for Extension of Time to Answer re #3 Amended Complaint. Answer deadline updated for Excellus Blue Cross Blue Shield answer due 8/22/2018; University of Rochester Benefits Plan, The answer due 8/22/2018. Signed by Magistrate Judge Dustin B. Pead on 8/3/2018. (las) [Transferred from utd on 10/18/2018.]
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| Filing 11 RECEIVED Consent/Reassignment Form from Plaintiffs Julie L., Richard M.. (las) [Transferred from utd on 10/18/2018.] |
| Filing 10 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The, Plaintiffs Julie L., Richard M.. Form due by 8/20/2018. (las) [Transferred from utd on 10/18/2018.] |
| Filing 9 NOTICE OF ADR, e-mailed or mailed to Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The, Plaintiffs Julie L., Richard M.. (las) [Transferred from utd on 10/18/2018.] |
| Filing 8 Stipulated MOTION for Extension of Time to File Answer re #3 Amended Complaint and Memorandum in Support filed by Defendants Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The. (Attachments: #1 Text of Proposed Order) Attorney Maralyn M. English added to party Excellus Blue Cross Blue Shield(pty:dft), Attorney Maralyn M. English added to party University of Rochester Benefits Plan, The(pty:dft)(English, Maralyn) [Transferred from utd on 10/18/2018.] |
| Filing 7 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Richard M., Julie L. as to Excellus Blue Cross Blue Shield served on 7/16/2018, answer due 8/6/2018. (Attachments: #1 Exhibit summons)(King, Brian) [Transferred from utd on 10/18/2018.] |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Richard M., Julie L. as to University of Rochester Benefits Plan, The served on 7/16/2018, answer due 8/6/2018. (Attachments: #1 Exhibit summons)(King, Brian) [Transferred from utd on 10/18/2018.] |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to University of Rochester Benefits Plan, The. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) [Transferred from utd on 10/18/2018.] |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Excellus Blue Cross Blue Shield. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) [Transferred from utd on 10/18/2018.] |
| Filing 3 AMENDED COMPLAINT against All Defendants. filed by Richard M., Julie L.. (King, Brian) [Transferred from utd on 10/18/2018.] |
| Filing 2 COMPLAINT against Excellus Blue Cross Blue Shield, University of Rochester Benefits Plan, The (Filing fee $ 400, receipt number 1088-2985847) filed by Richard M., Julie L.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (King, Brian) [Transferred from utd on 10/18/2018.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiffs Julie L., Richard M. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (nl) [Transferred from utd on 10/18/2018.] |
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