Southern v. WakeMed
| Southern and M.P. Southern |
| WakeMed |
| 5:2016cv00017 |
| January 13, 2016 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| Louise Wood Flanagan |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. § 1001 |
| None |
Docket Report
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| 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.) |
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.)
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| 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.) |
| Filing 60 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #59 Notice of Appeal. (Foell, S.) |
| Filing 59 Notice of Appeal filed by M.P. Southern. Filing fee, receipt number 0417-4482255. (Malone, J.) |
| Filing 58 Parties' Response Confirming No Redactions to Order 56 Requested filed by WakeMed. (Attachments: #1 Envelope) (Collins, S.) |
| Filing 57 JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 3/30/2018. (Tripp, S.) |
| 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.) |
| NOTICE OF CORRECTION regarding #55 Letter - Counsel may disregard this filing as it was entered erroneously in this case file. (Baker, C.) |
| 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.) |
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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.)
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| 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.) |
| Motion Submitted to U.S. District Judge Louise Wood Flanagan - #51 MOTION for Leave to File Sur-Reply. (Baker, C.) |
| 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.) |
| 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.) |
| Motion Submitted to United States District Judge Louise Wood Flanagan - #40 MOTION for Judgment on the Pleadings. (Baker, C.) |
| 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) |
| Filing 49 RESPONSE in Opposition regarding #40 MOTION for Judgment on the Pleadings filed by M.P. Southern. (Malone, J.) |
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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.)
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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.)
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| 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.) |
| Filing 46 Memorandum in Support regarding #45 Consent MOTION to Strike #1 Complaint Demand for Trial by Jury filed by WakeMed. (Leerberg, Matthew) |
| Filing 45 Consent MOTION to Strike #1 Complaint Demand for Trial by Jury filed by WakeMed. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew) |
| Filing 44 Memorandum in Support regarding #42 Consent MOTION for Protective Order, Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew) |
| Filing 43 Proposed Order regarding #42 Consent MOTION for Protective Order,Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew) |
| Filing 42 Consent MOTION for Protective Order, Consent MOTION to Stay Discovery filed by WakeMed. (Leerberg, Matthew) |
| Filing 41 Memorandum in Support regarding #40 MOTION for Judgment on the Pleadings filed by WakeMed. (Leerberg, Matthew) |
| Filing 40 MOTION for Judgment on the Pleadings filed by WakeMed. (Leerberg, Matthew) |
| Filing 39 ANSWER to #1 Complaint by WakeMed. (Leerberg, Matthew) |
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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.)
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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.)
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| 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.) |
| Filing 36 RESPONSE regarding #35 Objection to Memorandum and Recommendations filed by WakeMed. (Leerberg, Matthew) |
| Filing 35 OBJECTION to #31 Memorandum and Recommendations - Plaintiff's Partial Objection regarding dismissal of state law claims by M.P. Southern. (Fields, Robert) |
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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.)
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| 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.) |
| 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.) |
| Filing 34 Redacted Version of #31 SEALED MEMORANDUM AND RECOMMENDATION filed pursuant to Text Order entered 2/2/2017. (Baker, C.) |
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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.)
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| 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) |
| 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.) |
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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.)
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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.)
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| 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) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #23 MOTION for Leave to File Sur-Sur-Reply. (Baker, C.) |
| 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.) |
| 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.) |
| Filing 24 Memorandum in Support regarding #23 MOTION for Leave to File Sur-Sur-Reply filed by WakeMed. (Leerberg, Matthew) |
| 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) |
| Filing 22 RESPONSE regarding #20 MOTION for Leave to File Surreply filed by WakeMed. (Leerberg, Matthew) |
| Filing 21 Proposed Order Granting Motion to File Surreply filed by M.P. Southern. (Malone, J.) |
| Filing 20 MOTION for Leave to File Surreply filed by M.P. Southern. (Attachments: #1 Exhibit Exhibit A - Proposed Surreply) (Malone, J.) |
| 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.) |
| Filing 19 Notice of Appearance filed by Robert E. Fields, III on behalf of All Plaintiffs. (Fields, Robert) |
| 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.) |
| 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) |
| 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.) |
| 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.) |
| Filing 16 Notice of Appearance filed by Dorothy H. Cornwell on behalf of All Defendants. (Cornwell, Dorothy) |
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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.)
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| 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) |
| Filing 14 MOTION to Seal Document #12 PROPOSED SEALED Exhibits filed by WakeMed. (Attachments: #1 Text of Proposed Order) (Leerberg, Matthew) |
| 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) |
| 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.) |
| 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) |
| Filing 10 Notice of Appearance filed by Matthew Nis Leerberg on behalf of WakeMed. (Leerberg, Matthew) |
| 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.). |
| Motion Referred to Julie Richards Johnston, Clerk of Court - #9 Consent MOTION for Extension of Time to File Answer. (Baker, C.) |
| 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.) |
| 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.) |
| Filing 8 STIPULATION regarding #1 Complaint Regarding Extension of Time to Answer Complaint with Plaintiff's Agreement by WakeMed. (Whitley, Jeffrey) |
| Filing 7 Financial Disclosure Statement by WakeMed identifying Corporate Parent WakeMed for WakeMed. (Whitley, Jeffrey) |
| Filing 6 Notice of Appearance filed by Jeffrey R. Whitley on behalf of WakeMed. (Whitley, Jeffrey) |
| Filing 5 Affidavit of Service for Summons and Complaint filed by M.P. Southern served on Wakemed on January 16, 2016. (Malone, J.) |
| 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.) |
| Filing 4 Financial Disclosure Statement by M.P. Southern. (Attachments: #1 Certificate of Service) (Malone, J.) |
| Filing 3 Notice of Appearance filed by J. Michael Malone on behalf of All Plaintiffs. (Malone, J.) |
| 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.) |
| 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.) |
| NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Felder, J) |
| 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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