Southern v. WakeMed
Plaintiff: Southern and M.P. Southern
Defendant: WakeMed
Case Number: 5:2016cv00017
Filed: January 13, 2016
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 28 U.S.C. ยง 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 31, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2018 Filing 63 MANDATE of US Court of Appeals (certified copy) as to #59 Notice of Appeal filed by M.P. Southern. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Rudd, D.)
August 31, 2018 Opinion or Order Filing 62 ORDER of US Court of Appeals as to #59 Notice of Appeal filed by M.P. Southern. Upon consideration of the stipulated motion to voluntarily dismiss, the court dismisses this appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Rules of Appellate Procedure. (Rudd, D.)
April 25, 2018 Filing 61 US Court of Appeals Case Number 18-1460 (Joy Moore, Case Manager) as to #59 Notice of Appeal filed by M.P. Southern. (Foell, S.)
April 24, 2018 Filing 60 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #59 Notice of Appeal. (Foell, S.)
April 24, 2018 Filing 59 Notice of Appeal filed by M.P. Southern. Filing fee, receipt number 0417-4482255. (Malone, J.)
April 16, 2018 Filing 58 Parties' Response Confirming No Redactions to Order 56 Requested filed by WakeMed. (Attachments: #1 Envelope) (Collins, S.)
March 30, 2018 Filing 57 JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 3/30/2018. (Tripp, S.)
May 24, 2017 Filing 55 *DISREGARD - DOCUMENT FILED IN INCORRECT CASE - Letter from Case Administrator to Plaintiff regarding 5/24/2017 TEXT ORDER. (Baker, C.) Modified on 5/24/2017. (Baker, C.)
May 24, 2017 NOTICE OF CORRECTION regarding #55 Letter - Counsel may disregard this filing as it was entered erroneously in this case file. (Baker, C.)
May 23, 2017 Filing 54 SUR-REPLY regarding #40 MOTION for Judgment on the Pleadings filed by M.P. Southern. (Malone, J.) Modified on 5/23/2017 to clarify docket entry text. (Baker, C.)
May 23, 2017 Opinion or Order Filing 53 ORDER granting #51 Motion for Leave to File Sur-Reply - Plaintiff's counsel is directed to file the sur-reply attached as Exhibit A to its motion forthwith. Defendant shall file any sur-sur-reply within seven (7) days of plaintiff's filing. Signed by District Judge Louise Wood Flanagan on 5/23/2017. (Baker, C.)
May 23, 2017 Filing 52 Proposed Order regarding #51 MOTION for Leave to File Plaintiff's Motion and Memorandum to File Sur-reply filed by M.P. Southern. (Malone, J.)
May 23, 2017 Motion Submitted to U.S. District Judge Louise Wood Flanagan - #51 MOTION for Leave to File Sur-Reply. (Baker, C.)
May 23, 2017 NOTICE OF DEFICIENCY regarding #51 Motion for Leave to File Sur-Reply - Pursuant to the presiding judge's practice preferences available on this court's website, counsel shall file a proposed order. The order must be filed electronically using the event 'PROPOSED ORDER' located in the RESPONSES AND REPLIES category. (Baker, C.)
May 22, 2017 Filing 51 MOTION for Leave to File Sur-Reply filed by M.P. Southern. (Attachments: #1 Plaintiff's Proposed Sur-reply) (Malone, J.) Modified on 5/23/2017 to clarify docket entry text. (Baker, C.)
May 19, 2017 Motion Submitted to United States District Judge Louise Wood Flanagan - #40 MOTION for Judgment on the Pleadings. (Baker, C.)
May 18, 2017 Filing 50 REPLY to Response to Motion regarding #40 MOTION for Judgment on the Pleadings filed by WakeMed. (Attachments: #1 Exhibit A. 2012 Summary Plan Description, #2 Exhibit B - Southern I DE 21, #3 Exhibit C. - Southern I DE 21-7) (Leerberg, Matthew)
May 4, 2017 Filing 49 RESPONSE in Opposition regarding #40 MOTION for Judgment on the Pleadings filed by M.P. Southern. (Malone, J.)
April 21, 2017 Opinion or Order Filing 48 ORDER granting #42 Motion for Protective Order and granting #42 Motion to Stay discovery in this matter. Counsel is reminded to read the order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 4/21/2017. (Edwards, S.)
April 21, 2017 Opinion or Order Filing 47 ORDER granting #45 Motion to Strike Demand for Trial by Jury. Signed by District Judge Louise Wood Flanagan on 4/21/2017. (Edwards, S.)
April 14, 2017 Motions Submitted to District Judge Louise Wood Flanagan: regarding #42 Consent MOTION for Protective Order Consent MOTION to Stay Discovery, #45 Consent MOTION to Strike #1 Complaint Demand for Trial by Jury. (Edwards, S.)
April 13, 2017 Filing 46 Memorandum in Support regarding #45 Consent MOTION to Strike #1 Complaint Demand for Trial by Jury filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 45 Consent MOTION to Strike #1 Complaint Demand for Trial by Jury filed by WakeMed. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew)
April 13, 2017 Filing 44 Memorandum in Support regarding #42 Consent MOTION for Protective Order, Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 43 Proposed Order regarding #42 Consent MOTION for Protective Order,Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 42 Consent MOTION for Protective Order, Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 41 Memorandum in Support regarding #40 MOTION for Judgment on the Pleadings filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 40 MOTION for Judgment on the Pleadings filed by WakeMed. (Leerberg, Matthew)
April 13, 2017 Filing 39 ANSWER to #1 Complaint by WakeMed. (Leerberg, Matthew)
March 30, 2017 Opinion or Order Filing 38 INITIAL ORDER REGARDING PLANNING AND SCHEDULNG - Discovery Plan due by 5/4/2017. Counsel should read attached order in its entirety for critical information and directives. Signed by District Judge Louise Wood Flanagan on 3/30/2017. (Tripp, S.)
March 30, 2017 Opinion or Order Filing 37 ORDER granting in part and denying in part #11 Motion to Dismiss Plaintiff's State Law Claims as Preempted by ERISA and adopting #31 MEMORANDUM AND RECOMMENDATION - The court LIFTS stay and DIRECTS the clerk to continue management of this matter. An initial order regarding planning and scheduling will follow. Signed by District Judge Louise Wood Flanagan on 3/30/2017. (Tripp, S.)
February 15, 2017 Motion Submitted to District Judge Louise Wood Flanagan - #31 SEALED MEMORANDUM AND RECOMMENDATION (and #34 Redacted Version of same) regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed. (Baker, C.)
February 14, 2017 Filing 36 RESPONSE regarding #35 Objection to Memorandum and Recommendations filed by WakeMed. (Leerberg, Matthew)
February 3, 2017 Filing 35 OBJECTION to #31 Memorandum and Recommendations - Plaintiff's Partial Objection regarding dismissal of state law claims by M.P. Southern. (Fields, Robert)
February 2, 2017 Opinion or Order TEXT ORDER regarding #31 SEALED MEMORANDUM AND RECOMMENDATION - In accordance with sealed memorandum and recommendation entered by the magistrate judge on January 17, 2017 at DE 31, directing the parties to provide the clerk, within fourteen (14) days after entry, a copy of that memorandum and recommendation marked to reflect any perceived necessary redactions, having now received the consented to submission, the court gives its approval in part and DIRECTS that the redacted copy of the sealed memorandum and recommendation be made a part of the public record. Signed by District Judge Louise Wood Flanagan on 2/2/2017. (Baker, C.)
February 1, 2017 NOTICE OF DEFICIENCY regarding #32 Appeal of Magistrate Judge Decision to District Court - Counsel has used an incorrect event for this filing. The document must be refiled using the Objection to Memorandum and Recommendations event located in the "Other Answers" category of civil filing selections. (Baker, C.)
January 31, 2017 Filing 32 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #35 * - APPEAL OF US MAGISTRATE JUDGE DECISION to District Court by M.P. Southern regarding #31 MEMORANDUM AND RECOMMENDATIONS regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed (available to: Plaintiff M.P. Southern, Defendant WakeMed) (Fields, Robert) Modified on 2/3/2017 to clarify docket entry text. (Baker, C.)
January 17, 2017 Filing 34 Redacted Version of #31 SEALED MEMORANDUM AND RECOMMENDATION filed pursuant to Text Order entered 2/2/2017. (Baker, C.)
January 17, 2017 Opinion or Order Filing 31 MEMORANDUM AND RECOMMENDATION regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed - (available to: Plaintiff M.P. Southern, Defendant WakeMed) - It is RECOMMENDED that Defendant's motion to dismiss [DE-ll] be ALLOWED IN PART AND DENIED IN PART, with Plaintiff's claims for breach of contract (Counts I, II, and III) and declaratory judgment (Count XI) proceeding as federal claims under ERISA 502(a) and Plaintiffs remaining state law claims for unfair and deceptive trade practices (Count IV), breach of fiduciary duty (Count V), constructive fraud (Count VI), violation of North Carolina debt collection statute, N.C. Gen. Stat. 75-54(4) (Count VII), conversion(Count VIII), and violation of N.C. Gen. Stat. 131E-91(b) and/or (c) (Count IX) being dismissed as expressly preempted under ERISA 514. Objections to Memorandum and Recommendation due by 1/31/2017. Where the parties rely on and this Memorandum and Recommendation ("M&R") cites sealed material filed in this case [DE-12-1, -12-2], as well as the sealed Jenkins order, the parties within 14 days of entry of the M&R shall jointly submit by mail to the court a proposed redacted copy of the M&R, which upon review and approval will be made part of the record. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/17/2017. (Baker, C.)
January 6, 2017 Filing 30 SUR-SUR-REPLY to Response to Motion regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed. (Leerberg, Matthew)
January 6, 2017 Filing 29 SUR-REPLY to Response to Motion regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by M.P. Southern. (Malone, J.)
January 6, 2017 Opinion or Order Filing 28 ORDER granting #20 Motion for Leave to File Sur-Reply and #23 Motion for Leave to File Sur-Sur-Reply - The parties shall promptly file their respective sur-reply and sur-sur-reply. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/5/2017. (Baker, C.)
January 5, 2017 Opinion or Order Filing 27 ORDER granting #14 Motion to Seal Document #12 PROPOSED SEALED Exhibits - It is ORDERED that Exhibits D and F to Defendant's Motion to Dismiss Plaintiff's State-Law Claims as Preempted by ERISA may be filed under seal and shall remain sealed until otherwise ordered by this Court. Signed by Magistrate Judge Robert B. Jones, Jr. on 1/5/2017. (Baker, C.)
April 27, 2016 Filing 26 REPLY to Response to Motion regarding #23 MOTION for Leave to File Sur-Sur-Reply filed by WakeMed. (Attachments: #1 Exhibit Unpublished case) (Leerberg, Matthew)
April 27, 2016 Motions Referred to U.S. Magistrate Judge Robert B. Jones, Jr. - #23 MOTION for Leave to File Sur-Sur-Reply and #20 MOTION for Leave to File Surreply. (Baker, C.)
April 27, 2016 Motion Submitted to District Judge Louise Wood Flanagan - #23 MOTION for Leave to File Sur-Sur-Reply. (Baker, C.)
April 27, 2016 Motion No Longer Submitted to District Judge Louise Wood Flanagan - #23 MOTION for Leave to File Sur-Sur-Reply. Previous entry regarding submission was made erroneously. (Baker, C.)
April 26, 2016 Filing 25 REPLY to Response to Motion regarding #20 MOTION for Leave to File Surreply and RESPONSE in Opposition regarding #23 MOTION for Leave to File Sur-Sur-Reply filed by M.P. Southern. (Malone, J.) Modified on 4/27/2016 to clarify docket entry text. (Baker, C.)
April 26, 2016 Filing 24 Memorandum in Support regarding #23 MOTION for Leave to File Sur-Sur-Reply filed by WakeMed. (Leerberg, Matthew)
April 26, 2016 Filing 23 MOTION for Leave to File Sur-Sur-Reply filed by WakeMed. (Attachments: #1 Exhibit Proposed Sur-Sur-Reply Brief, #2 Text of Proposed Order Proposed Order Granting Motion for Leave to file Sur-Sur-Reply) (Leerberg, Matthew)
April 26, 2016 Filing 22 RESPONSE regarding #20 MOTION for Leave to File Surreply filed by WakeMed. (Leerberg, Matthew)
April 22, 2016 Filing 21 Proposed Order Granting Motion to File Surreply filed by M.P. Southern. (Malone, J.)
April 22, 2016 Filing 20 MOTION for Leave to File Surreply filed by M.P. Southern. (Attachments: #1 Exhibit Exhibit A - Proposed Surreply) (Malone, J.)
April 22, 2016 NOTICE OF DEFICIENCY regarding #20 Motion for Leave to File Surreply - Pursuant to the presiding judge's practice preferences available on this court's website, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.)
April 21, 2016 Filing 19 Notice of Appearance filed by Robert E. Fields, III on behalf of All Plaintiffs. (Fields, Robert)
April 19, 2016 Motions Referred to U.S. Magistrate Judge Robert B. Jones, Jr. - #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA and #14 MOTION to Seal Document #12 PROPOSED SEALED Exhibit. Motions referred to Robert B. Jones, Jr. (Baker, C.)
April 18, 2016 Filing 18 REPLY to Response to Motion regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed. (Attachments: #1 Exhibit Unpublished case - Abilene, #2 Exhibit Unpublished case - Harleysville, #3 Exhibit Unpublished case - Stevens) (Leerberg, Matthew)
April 18, 2016 Motions Submitted to District Judge Louise Wood Flanagan - #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA and #14 MOTION to Seal #12 PROPOSED SEALED Exhibits. (Baker, C.)
March 30, 2016 Filing 17 RESPONSE in Opposition regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by M.P. Southern. (Malone, J.)
March 15, 2016 Filing 16 Notice of Appearance filed by Dorothy H. Cornwell on behalf of All Defendants. (Cornwell, Dorothy)
March 14, 2016 Opinion or Order TEXT ORDER - Where defendant has made a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within fourteen (14) days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendant's motion. Signed by District Judge Louise Wood Flanagan on 3/14/2016. (Baker, C.)
March 9, 2016 Filing 15 Memorandum in Support regarding #14 MOTION to Seal Document #12 PROPOSED SEALED Exhibits filed by WakeMed. (Attachments: #1 Unpublished case, #2 Unpublished case) (Leerberg, Matthew)
March 9, 2016 Filing 14 MOTION to Seal Document #12 PROPOSED SEALED Exhibits filed by WakeMed. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew)
March 9, 2016 Filing 13 Memorandum in Support regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed. (Attachments: #1 Unpublished case, #2 Unpublished case) (Leerberg, Matthew)
March 9, 2016 Filing 12 SEALED Exhibits (Selected Participants Only)by WakeMed (available to: Plaintiff M.P. Southern, Defendant WakeMed) regarding #11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA. (Attachments: #1 Exhibit D - General Consent, #2 Exhibit F - Hospital Participation Agreement) (Leerberg, Matthew) Modified on 1/5/2017 to remove 'proposed' from docket text pursuant to #27 ORDER. (Baker, C.)
March 9, 2016 Filing 11 MOTION to Dismiss Plaintiff's State Law Claims as Preempted by ERISA filed by WakeMed. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Second Amended Class Action Complaint, #3 Exhibit B - Remand Order, #4 Exhibit C - Notice of Voluntary Dismissal, #5 Exhibit E - Summary Plan Description) (Leerberg, Matthew)
March 9, 2016 Filing 10 Notice of Appearance filed by Matthew Nis Leerberg on behalf of WakeMed. (Leerberg, Matthew)
February 9, 2016 Filing 9 Consent MOTION for Extension of Time to File Answer regarding #1 COMPLAINT filed by WakeMed. (Attachments: #1 Text of Proposed Order) (Whitley, Jeffrey) Modified on 2/9/2016 to clarify docket entry text. (Baker, C.).
February 9, 2016 Motion Referred to Julie Richards Johnston, Clerk of Court - #9 Consent MOTION for Extension of Time to File Answer. (Baker, C.)
February 9, 2016 NOTICE OF DEFICIENCY regarding #8 Stipulation Regarding Extension of Time to Answer - Pursuant to Local Civil Rule 6.1, requests for extensions of time must be in the form of a motion and be accompanied by a separate proposed order granting the motion. Counsel must refile the request in conformity with this Local Rule. (Baker, C.)
February 9, 2016 TEXT ORDER granting defendant's #9 motion for extension of time. Defendant WakeMed has through and including March 9, 2016 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie Richards Johnston, Clerk of Court on 2/9/2016. (Skinner, J.)
February 8, 2016 Filing 8 STIPULATION regarding #1 Complaint Regarding Extension of Time to Answer Complaint with Plaintiff's Agreement by WakeMed. (Whitley, Jeffrey)
February 8, 2016 Filing 7 Financial Disclosure Statement by WakeMed identifying Corporate Parent WakeMed for WakeMed. (Whitley, Jeffrey)
February 8, 2016 Filing 6 Notice of Appearance filed by Jeffrey R. Whitley on behalf of WakeMed. (Whitley, Jeffrey)
February 4, 2016 Filing 5 Affidavit of Service for Summons and Complaint filed by M.P. Southern served on Wakemed on January 16, 2016. (Malone, J.)
January 19, 2016 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)
January 14, 2016 Filing 4 Financial Disclosure Statement by M.P. Southern. (Attachments: #1 Certificate of Service) (Malone, J.)
January 14, 2016 Filing 3 Notice of Appearance filed by J. Michael Malone on behalf of All Plaintiffs. (Malone, J.)
January 13, 2016 Filing 2 Summons Issued as to WakeMed. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Baker, C.)
January 13, 2016 Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 25PCHND0) filed by M.P. Southern. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Malone, J.)
January 13, 2016 NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Felder, J)
January 13, 2016 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to M.P. Southern. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Felder, J)

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Defendant: WakeMed
Represented By: Jeffrey R. Whitley
Represented By: Matthew Nis Leerberg
Represented By: Dorothy H. Cornwell
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Plaintiff: Southern
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Plaintiff: M.P. Southern
Represented By: Robert E. Fields, III
Represented By: J. Michael Malone
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