Causey v. Altman
| Mike Causey, in his official capacity as the Commissioner of Insurance of the State of North Carolina and Mike Causey |
| Jessica K. Altman, Insurance Commissioner of the Commonwealth of Pennsylvania and her successors in office, in their capacity as Rehabilitator of Senior Health Insurance Company of Pennsylvania, Patrick Cantilo, in his capacity as Special Deputy Rehabilitator of Senior Health Insurance Company of Pennsylvania, Senior Health Insurance Company Of Pennsylvania In Rehabilitation, Jessica K. Altman and Patrick Cantilo |
| 5:2022cv00089 |
| March 9, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Document Text |
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| Filing 30 Letter from S. Collins, Deputy Clerk, to the Honorable Frank Williams, Wake County Clerk of Court, transmitting copies of Order #28 and Judgment #29 . (Collins, S.) |
| Filing 29 JUDGMENT - In accordance with the court's order entered April 25, 2022, more particularly described therein, that the captioned action be and hereby is remanded to Wake County Superior Court. Signed by Peter A. Moore, Jr., Clerk of Court on 4/25/2022. (Collins, S.) |
Filing 28
ORDER granting #18 Motion to Remand; denying #22 Motion to Stay. This case is REMANDED to the General Court of Justice, Superior Court Division, Wake County, North Carolina, for further proceedings. The clerk is DIRECTED to transmit a certified copy of this order to the clerk of the General Court of Justice, Superior Court Division, Wake County, North Carolina, and to file in this case a copy of the clerk's transmittal letter with certified copy of the instant order. Signed by District Judge Louise Wood Flanagan on 4/25/2022. (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #22 MOTION to Stay. (Collins, S.) |
| Filing 27 REPLY to Response to Motion regarding #22 MOTION to Stay filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Broadbent, Michael) |
| Filing 26 RESPONSE to Motion regarding #22 MOTION to Stay (Amended Response) filed by Mike Causey. (Johnson, Daniel) |
| Filing 25 **AMENDED AT #26 ** RESPONSE in Opposition regarding #22 MOTION to Stay filed by Mike Causey. (Johnson, Daniel) Modified on 4/15/2022 (Collins, S.). |
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TEXT ORDER regarding motion to stay DE #30 . Where motion to remand is ripe for ruling, the court DIRECTS expedited briefing with respect to the motion to stay, as follows. Plaintiff shall file a response to the motion to stay on or before April 14, 2022. Defendant may file a reply, if any, on or before April 20, 2022. Both response and any reply shall address whether the court should decide the pending motions in a particular order or together. Signed by District Judge Louise Wood Flanagan on 4/11/2022. (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #18 MOTION to Remand. (Collins, S.) |
| Filing 24 REPLY to Response to Motion regarding #18 MOTION to Remand filed by Mike Causey. (Johnson, Daniel) |
| Filing 23 Memorandum in Support regarding #22 MOTION to Stay filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Attachments: #1 Exhibit Exhibit A Motion before the United States Judicial Panel on Multidistrict Litigation, #2 Exhibit Exhibit B Opinion and Order, #3 Text of Proposed Order Proposed Order) (Broadbent, Michael) |
| Filing 22 MOTION to Stay Pending the Judicial Panel on Multidistrict Litigation's Decision on Centralization filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Broadbent, Michael) Modified on 4/5/2022 to revise docket text. (Collins, S.). |
| Notice to Counsel regarding: #21 Memorandum in Opposition. In future filings, counsel should indicate the division in accordance with Local Civil Rule 10.1(b) and 40.1(b) and (c). In addition, counsel should include the judge's designation in the case number. The case number should read 5:22-cv-89-FL. (Collins, S.) |
| Filing 21 Memorandum in Opposition regarding #19 Memorandum in Support, #18 MOTION to Remand filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Broadbent, Michael) |
| Filing 20 Notice filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation . (Attachments: #1 Exhibit State Court Notice of Filing of Notice of Removal) (Bessellieu, Denise) |
| Notice to Counsel. Counsel is reminded that pursuant to Local Civil Rule 5.3(c)(2) if, at the time of removal, a motion is pending for which no supporting memorandum of law has been submitted to the state court, the movant on that motion shall file a supporting memorandum within 14 days of the date ofremoval, unless the motion is of a type covered by Local Civil Rule 77.2 or unless otherwise ordered by the court. The Local Civil Rule 7.1(f) deadline for a response to the motion runs from the date of the movant's filing of a supporting memorandum in this court. (Collins, S.) |
| Filing 19 Memorandum in Support regarding #18 MOTION to Remand filed by Mike Causey. (Attachments: #1 Exhibit Application for Order Placing SHIP in Rehabilitation, #2 Exhibit Order of Rehabilitation, #3 Exhibit Memorandum Opinion and Order, #4 Exhibit Notice of Appeal) (Johnson, Daniel) |
| Filing 18 MOTION to Remand filed by Mike Causey. (Johnson, Daniel) |
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Filing 17
ORDER - Where plaintiff anticipates filing a motion to remand, the deadline for plaintiff to file such a motion is on or before March 21, 2022. Response by defendants shall be filed within seven days of filing of plaintiff's motion, or by March 28, 2022, whichever is earlier. Finally, any reply by plaintiff shall be filed within seven days of defendants' response, or by April 4, 2022, whichever is earlier. The deadline for defendants to serve a responsive pleading to the complaint is STAYED until 14 days from the date of this court's decision on plaintiff's motion to remand. Signed by District Judge Louise Wood Flanagan on 3/15/2022. (Collins, S.)
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| Filing 16 Minute Entry for proceedings held before District Judge Louise Wood Flanagan: Telephonic Rule 16(a) Status Conference held on 3/14/2022 - Counsel for all parties in attendance - Written order to follow. (Court Reporter Amy Condon) (Castania, M) |
| Filing 15 Affidavit of Service for Summons and Complaint filed by Mike Causey served on Defendant Senior Health Ins. on March 7, 2022. (Johnson, Daniel) |
| Filing 14 Affidavit of Service for Summons and Complaint filed by Mike Causey served on Defendant Cantilo on March 7, 2022. (Johnson, Daniel) |
| Filing 13 Affidavit of Service for Summons and Complaint filed by Mike Causey served on Defendant Altman on March 7, 2022. (Johnson, Daniel) |
| Filing 12 Financial Disclosure Statement by Mike Causey (Johnson, Daniel) |
| Filing 11 Notice of Special Appearance for non-district by Michael J. Broadbent on behalf of Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Broadbent, Michael) |
| Filing 10 Notice of Appearance filed by M. Denise Stanford on behalf of Mike Causey. (Stanford, M.) |
| NOTICE - This matter, subject of a removal notice filed March 9, 2022, is set for telephonic conference pursuant to Rule 16(a), Fed.R.Civ.Pro., Monday, March 14, 2022, at 4:00 p.m. Counsel will receive the necessary dial in instructions via email from the Case Manager in advance of the conference. (Waddell, K.) |
| Filing 9 Notice of Appearance filed by Daniel Snipes Johnson on behalf of Mike Causey. (Johnson, Daniel) |
| Filing 8 Notice filed by Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation regarding #1 Notice of Removal,,,, Civil Cover Sheet (JS44). (Bessellieu, Denise) |
| Filing 7 Financial Disclosure Statement by Jessica K. Altman (Bessellieu, Denise) |
| Filing 6 Financial Disclosure Statement by Patrick Cantilo (Bessellieu, Denise) |
| Filing 5 Financial Disclosure Statement by Senior Health Insurance Company Of Pennsylvania In Rehabilitation (Bessellieu, Denise) |
| Filing 4 Notice of Appearance filed by Denise L. Bessellieu on behalf of Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. (Bessellieu, Denise) |
| Filing 3 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' Counsel, Joshua H. Stein, Attorney General & Daniel S. Johnson, Special Attorney General of North Carolina Department of Justice at P. O. Box 629, Raleigh, NC 27602-0629 mailed via US Mail on March 10, 2022. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Jessica K. Altman, Patrick Cantilo, Senior Health Insurance Company Of Pennsylvania In Rehabilitation. 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. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Filing 2 Notice filed by Jessica K. Altman, Insurance Commissioner of the Commonwealth of Pennsylvania and her successors in office, in their capacity as Rehabilitator of Senior Health Insurance Company of Pennsylvania, Patrick Cantilo, in his capacity as Special Deputy Rehabilitator of Senior Health Insurance Company of Pennsylvania, Senior Health Insurance Company Of Pennsylvania In Rehabilitation regarding #1 Notice of Removal,,,, Supplemental Removal Cover Sheet and Supplement to Supplemental Removal Cover Sheet. (Bessellieu, Denise) |
| Filing 1 NOTICE OF REMOVAL by Jessica K. Altman, Insurance Commissioner of the Commonwealth of Pennsylvania and her successors in office, in their capacity as Rehabilitator of Senior Health Insurance Company of Pennsylvania, Senior Health Insurance Company Of Pennsylvania In Rehabilitation, Patrick Cantilo, in his capacity as Special Deputy Rehabilitator of Senior Health Insurance Company of Pennsylvania from Wake County Superior Court, case number 22-CVS-2814. ( Filing fee $ 402 receipt number 0417-6469424), filed by Jessica K. Altman, Insurance Commissioner of the Commonwealth of Pennsylvania and her successors in office, in their capacity as Rehabilitator of Senior Health Insurance Company of Pennsylvania, Senior Health Insurance Company Of Pennsylvania In Rehabilitation, Patrick Cantilo, in his capacity as Special Deputy Rehabilitator of Senior Health Insurance Company of Pennsylvania. (Attachments: #1 Exhibit 1: Complaint, #2 Exhibit 2: Summonses, #3 Exhibit 3: Calendar Request) (Bessellieu, Denise) |
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| Search for this case: Causey v. Altman | |
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| Plaintiff: Mike Causey, in his official capacity as the Commissioner of Insurance of the State of North Carolina | |
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| Plaintiff: Mike Causey | |
| Represented By: | Daniel Snipes Johnson |
| Represented By: | M. Denise Stanford |
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| Defendant: Jessica K. Altman, Insurance Commissioner of the Commonwealth of Pennsylvania and her successors in office, in their capacity as Rehabilitator of Senior Health Insurance Company of Pennsylvania | |
| Represented By: | Denise L. Bessellieu |
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| Defendant: Patrick Cantilo, in his capacity as Special Deputy Rehabilitator of Senior Health Insurance Company of Pennsylvania | |
| Represented By: | Denise L. Bessellieu |
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| Defendant: Senior Health Insurance Company Of Pennsylvania In Rehabilitation | |
| Represented By: | Denise L. Bessellieu |
| Represented By: | Michael J. Broadbent |
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| Defendant: Jessica K. Altman | |
| Represented By: | Michael J. Broadbent |
| Represented By: | Denise L. Bessellieu |
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| Defendant: Patrick Cantilo | |
| Represented By: | Michael J. Broadbent |
| Represented By: | Denise L. Bessellieu |
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