Brannigan, et al v. Excellus Blue Cross and Blue Shield
| Michael Brannigan and Worldwide Aircraft Services, Inc. doing business as Jet ICU |
| Excellus Blue Cross and Blue Shield |
| 6:2022cv06151 |
| March 30, 2022 |
| US District Court for the Western District of New York |
| Rochester Office |
| Elizabeth A Wolford |
| Contract: Other |
| 29 U.S.C. § 1337 E.R.I.S.A |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| E-Filing Notification: #34 Incorrect event used to electronically file document. For future reference, please use "Continuation of Exhibits" docketing event. Clerk has modified entry to link to the Amended Complaint. No action required. (RE) |
| Filing 34 Continuation of Exhibits to #33 Amended Complaint filed by Michael Brannigan as to Excellus Blue Cross and Blue Shield . (Attachments: #1 Exhibit Exhibit 1 to Amended Complaint)(Thomas, Jacqueline) Modified on 5/11/2022 (RE). |
| Filing 33 AMENDED COMPLAINT against Excellus Blue Cross and Blue Shield, filed by Michael Brannigan.(Thomas, Jacqueline) |
| Filing 32 MOTION to appear pro hac vice Robert Axelrod ( Filing fee $ 200 receipt number ANYWDC-4571169.) by Michael Brannigan.(Thomas, Jacqueline) |
| Filing 31 MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4571117.) by Michael Brannigan.(Thomas, Jacqueline) |
| Filing 30 Mail Returned as Undeliverable: 29 Text Order, sent to Christopher C. Dyer. (RE) |
| Filing 29 TEXT ORDER. The Court hereby sets the following deadlines in this matter. Plaintiffs shall file an amended complaint by May 6, 2022. Defendant shall answer or otherwise respond to the amended complaint by June 6, 2022. In the event Defendant moves to dismiss the amended complaint, Plaintiffs shall file their response by July 6, 2022, and Defendant shall file its reply by July 21, 2022. Upon receipt of all the papers, the Court will notify the parties if oral argument is deemed necessary; otherwise, the matter will be deemed submitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/05/2022. (CDH) |
| Filing 28 Case transferred in from District of Florida Middle; Case Number 8:21-cv-02352. |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(CGJ) |
| 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. (CGJ) |
| Filing 27 TRANSFER to the Western District of New York, Rochester Division. (JNB) [Transferred from flmd on 3/30/2022.] |
Filing 26
ORDER: "Defendant's Motion to Dismiss Complaint" (Doc. #16 ) is hereby granted to the extent that this action shall be transferred based on the forum selection clause. The Clerk is directed to transfer this case to the Western District of New York, Rochester Division, for all further proceedings. Following transfer, the Clerk is directed to terminate any pending motions and deadlines, and thereafter close the case. See Order for details. Signed by Judge Thomas P. Barber on 3/29/2022. (ANL) [Transferred from flmd on 3/30/2022.]
|
|
Filing 25
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 3/25/2022; Discovery due by 8/19/2022; Dispositive motions due by 12/16/2022; Plaintiff disclosure of expert report due by 9/19/2022; Defendant disclosure of expert report due by 10/5/2022; Rebuttal disclosure of expert report due by 11/3/2022. Pretrial Conference set for 4/17/2023 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. Trial set for term commencing 5/1/2023 before Judge Thomas P. Barber. The parties anticipate a BENCH TRIAL will take 3-4 days to complete. Conduct mediation hearing by 10/31/2022. Lead counsel to coordinate dates. Signed by Judge Thomas P. Barber on 3/25/2022. (SRC) [Transferred from flmd on 3/30/2022.]
|
| Filing 24 Minute Entry. In Person Proceedings held before Judge Thomas P. Barber: INITIAL CASE MANAGEMENT CONFERENCE held on 3/23/2022. Court Reporter: Rebekah Lockwood (SRC) [Transferred from flmd on 3/30/2022.] |
| Filing 23 NOTICE by Michael Brannigan, Worldwide Aircraft Services, Inc. Notice of Firm Name Change and Email Designation (Angeliadis, George) [Transferred from flmd on 3/30/2022.] |
| Filing 22 NOTICE of hearing: Initial Case Management Conference set for MARCH 23, 2022, at 09:30 AM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) [Transferred from flmd on 3/30/2022.] |
| Filing 21 CASE MANAGEMENT REPORT. (Angeliadis, George) [Transferred from flmd on 3/30/2022.] |
| Filing 20 MEMORANDUM in opposition re #16 Motion to Dismiss filed by Michael Brannigan, Worldwide Aircraft Services, Inc. (Attachments: #1 Exhibit Brannigan Declaration, #2 Exhibit Angeliadis Declaration, #3 Exhibit Power of Attorney)(Magazine, James) Modified text on 1/18/2022 (ABC). [Transferred from flmd on 3/30/2022.] |
| Filing 19 NOTICE OF SELECTION of Rodney Max, Esq. as mediator by Michael Brannigan, Worldwide Aircraft Services, Inc. (Magazine, James) Modified text on 1/14/2022 (ABC). [Transferred from flmd on 3/30/2022.] |
|
Filing 18
ENDORSED ORDER: On or before January 13, 2022, Plaintiffs are directed to file a stipulation selecting a mediator as directed in the Court's ERISA Scheduling Order (Doc. #15 ). Failure to do so will result in the dismissal of this action without prejudice without further notice. Signed by Judge Thomas P. Barber on 1/6/2022. (ANL) [Transferred from flmd on 3/30/2022.]
|
| Filing 17 DECLARATION of Christine Haynes re #16 MOTION to Dismiss Complaint by Excellus Blue Cross and Blue Shield. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4)(Cooley, Catherine) Modified text on 12/20/2021 (ABC). [Transferred from flmd on 3/30/2022.] |
| Filing 16 MOTION to Dismiss Complaint by Excellus Blue Cross and Blue Shield. (Attachments: #1 Affidavit Declaration of Wendy Coccitti, #2 Exhibit B to Wendy Coccitti Declaration, #3 Exhibit C to Wendy Coccitti Declaration, #4 Exhibit D to Wendy Coccitti, #5 Affidavit Declaration of Teresa Brugnoni, #6 Affidavit Declaration of Brian Pleban, #7 Affidavit Declaration of Sondra Imperati)(Cooley, Catherine) Modified text on 12/20/2021 (ABC). [Transferred from flmd on 3/30/2022.] |
|
Filing 15
ERISA SCHEDULING ORDER: Signed by Judge Thomas P. Barber on 11/30/2021. (SRC) [Transferred from flmd on 3/30/2022.]
|
|
Filing 14
ENDORSED ORDER granting #13 Motion to Appear Pro Hac Vice. Attorney Robert J. Axelrod may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 11/30/2021. (SFC) [Transferred from flmd on 3/30/2022.]
|
| Filing 13 Unopposed MOTION for Robert J. Axelrod to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18962743 for $150 by Michael Brannigan, Worldwide Aircraft Services, Inc. (Angeliadis, George) Motions referred to Magistrate Judge Amanda Arnold Sansone. Modified text on 11/29/2021. (ABC) Modified on 11/29/2021 (AG). [Transferred from flmd on 3/30/2022.] |
| Filing 12 STRICKEN as Discovery- Counsel notified. PLAINTIFF'S BRIEF re #2 Complaint Plaintiff's Rule 26a Initial Disclosures filed by Michael Brannigan, Worldwide Aircraft Services, Inc. (Angeliadis, George) (ABC). Modified text on 11/19/2021 (ABC) [Transferred from flmd on 3/30/2022.] |
|
Filing 11
ENDORSED ORDER: Defendant's unopposed motion for extension of time (Doc. #10 ) is granted. Defendant may file its response to the complaint on or before December 17, 2021. Signed by Judge Thomas P. Barber on 11/12/2021. (ANL) [Transferred from flmd on 3/30/2022.]
|
| Filing 10 MOTION for Extension of Time to File Answer re #2 Complaint by Excellus Blue Cross and Blue Shield. (Cooley, Catherine) Modified text on 11/12/2021 (ABC). [Transferred from flmd on 3/30/2022.] |
|
Filing 9
ENDORSED ORDER granting #8 Motion to Appear Pro Hac Vice. Attorney Catherine Grantier Cooley may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 11/1/2021. (SFC) [Transferred from flmd on 3/30/2022.]
|
| PRO HAC VICE FEES paid by attorney Catherine Grantier Cooley, appearing on behalf of Excellus Blue Cross and Blue Shield (Filing fee $150 receipt number TPA65177.) Related document: #8 MOTION for Catherine Grantier Cooley to appear pro hac vice. (ABC) [Transferred from flmd on 3/30/2022.] |
| Filing 8 Unopposed MOTION for Catherine Grantier Cooley to appear pro hac vice by Excellus Blue Cross and Blue Shield. (ABC) Motions referred to Magistrate Judge Amanda Arnold Sansone. [Transferred from flmd on 3/30/2022.] |
| Filing 7 NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) [Transferred from flmd on 3/30/2022.] |
| Filing 6 SUMMONS issued as to Excellus Blue Cross and Blue Shield. (TDC) [Transferred from flmd on 3/30/2022.] |
| Filing 5 NOTICE to counsel Robert J. Axelrod Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (TDC) [Transferred from flmd on 3/30/2022.] |
| Filing 4 NOTICE to counsel to counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (TDC) [Transferred from flmd on 3/30/2022.] |
| Filing 3 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Amanda Arnold Sansone. New case number: 8:21-cv-2352-TPB-AAS. (SJB) [Transferred from flmd on 3/30/2022.] |
| Filing 2 COMPLAINT Michael Brannigan, Worldwide Aircraft Services, Inc. against Excellus Blue Cross and Blue Shield with Jury Demand filed by All Plaintiffs. (Attachments: #1 Proposed Summons)(Angeliadis, George) Modified on 10/6/2021 (TDC). [Transferred from flmd on 3/30/2022.] |
| Filing 1 CIVIL COVER SHEET. COMPLAINT Michael Brannigan, Worldwide Aircraft Services, Inc. against Excellus Blue Cross and Blue Shield with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18785805) filed by All Plaintiffs.(Angeliadis, George) Modified on 10/6/2021 (TDC). [Transferred from flmd on 3/30/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
