M. et al v. SAS Institute et al
| Thomas M. and E. M. |
| SAS Institute, SAS Institute Inc. Medical Plan and Blue Cross and Blue Shield of North Carolina |
| 5:2022cv00268 |
| July 11, 2022 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Robert T Numbers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 Memorandum in Support regarding #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blue Cross and Blue Shield of North Carolina, SAS Institute, SAS Institute Inc. Medical Plan. (Attachments: #1 Exhibit A: Benefit Booklet, #2 Exhibit B: 5/20/2020 Denial Letter, #3 Exhibit C: 12/4/2020 Level 1 Denial Letter) (Winters, Elizabeth) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Blue Cross and Blue Shield of North Carolina, SAS Institute, SAS Institute Inc. Medical Plan. (Winters, Elizabeth) |
| REMINDER TO COUNSEL regarding #31 and #32 . Pursuant to Chief Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted tabbed by docket entry and exhibit number in a three-ring binder. The courtesy copy shall include the CM-ECF file stamp. (McNally, Kimberly) |
| NOTICE OF DEFICIENCY regarding #30 Notice of Special Appearance. Each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance to be recognized by the court as counsel of record for a party. Kathleen J. Abke must therefore file her own notice of special appearance. (Waddell, K.) |
| Filing 30 Notice of Special Appearance for non-district by Caitlin Hale Walton on behalf of E. M., Thomas M.. (Walton, Caitlin) |
| Filing 29 Notice of Appearance filed by Caitlin Hale Walton on behalf of E. M., Thomas M.. (Walton, Caitlin) |
Filing 28
ORDER granting #27 Motion to Withdraw as Attorney. Mr. Tolman's representation of Defendants in this matter is terminated. Signed by Chief US District Judge Richard E. Myers II on 8/9/2022. (Waddell, K.)
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| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #27 Consent MOTION to Withdraw as Attorney Mark D. Tolman. (Waddell, K.) |
| Filing 27 Consent MOTION to Withdraw as Attorney Mark D. Tolman filed by Blue Cross and Blue Shield of North Carolina, SAS Institute, SAS Institute Inc. Medical Plan. (Attachments: #1 Text of Proposed Order) (Hansen, Chad) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #26 Consent MOTION for Extension of Time to File Answer in Response to Plaintiffs' Complaint. (Waddell, K.) |
| TEXT ORDER granting Defendants' Consent Motion for Extension of Time #26 . For good cause shown, it is ordered that Defendants have up to and including August 30, 2022, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 7/25/2022. (Hockaday, A.) |
| Filing 26 Consent MOTION for Extension of Time to File Answer in Response to Plaintiffs' Complaint filed by Blue Cross and Blue Shield of North Carolina, SAS Institute, SAS Institute Inc. Medical Plan. (Attachments: #1 Text of Proposed Order [PROPOSED] Order Granting Stipulation for Extension of Time to Respond to Complaint) (Winters, Elizabeth) |
| NOTICE OF DEFICIENCY regarding #25 Stipulation. Counsel must seek the court's leave by motion, together with a proposed order, to receive an extension of time to file a pleading. Refer to Local Civil Rule 6.1, available for viewing at our website, www.nced.uscourts.gov. (Edwards, S.) |
| Filing 25 STIPULATION Regarding Extension of Time for Defendants to Respond to Plaintiffs' Complaint by Blue Cross and Blue Shield of North Carolina, SAS Institute, SAS Institute Inc. Medical Plan (Winters, Elizabeth) |
| Filing 24 Financial Disclosure Statement by SAS Institute Inc. Medical Plan (Winters, Elizabeth) |
| Filing 23 Financial Disclosure Statement by SAS Institute (Winters, Elizabeth) |
| Filing 22 Financial Disclosure Statement by Blue Cross and Blue Shield of North Carolina (Winters, Elizabeth) |
| Filing 21 Notice of Appearance filed by Elizabeth Lager Winters on behalf of All Defendants. (Winters, Elizabeth) |
| Filing 20 Notice of Appearance filed by Chad D. Hansen on behalf of All Defendants. (Hansen, Chad) |
| Filing 19 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 18 Case transferred in from District of Utah. Case Number 2:22-cv-00297. Transfer order and docket sheet obtained from transferring district. |
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Filing 17
ORDER granting #16 Motion to Transfer Venue: the Court grants the stipulated motion to transfer this action to the Eastern District of North Carolina. IT IS HEREBY ORDERED AS FOLLOWS: The Clerk of the Court is directed to transfer this action to the Eastern District of North Carolina. Signed by Magistrate Judge Jared C. Bennett on 07/11/2022. (jl) [Transferred from Utah on 7/12/2022.]
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| Filing 16 Stipulated MOTION to Change Venue filed by Defendants Blue Cross and Blue Shield of North Carolina, SAS Institute. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion to Transfer Venue)(Tolman, Mark) [Transferred from Utah on 7/12/2022.] |
| Filing 15 CONSENT to Jurisdiction by US Magistrate Judge under 28 U.S.C. 636(c) by Defendants Blue Cross and Blue Shield of North Carolina, SAS Institute, Plaintiffs E. M., Thomas M.. (alf) [Transferred from Utah on 7/12/2022.] |
| Filing 14 RECEIVED Consent/Reassignment Form from Plaintiffs E. M., Thomas M.. (alf) [Transferred from Utah on 7/12/2022.] |
| Filing 13 RECEIVED Consent/Reassignment Form from Defendants Blue Cross and Blue Shield of North Carolina, SAS Institute. (alf) [Transferred from Utah on 7/12/2022.] |
| Filing 12 NOTICE OF ADR, e-mailed or mailed to Defendants Blue Cross and Blue Shield of North Carolina, SAS Institute, Plaintiffs E. M., Thomas M.. (alf) [Transferred from Utah on 7/12/2022.] |
| Filing 11 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 Blue Cross and Blue Shield of North Carolina, SAS Institute, Plaintiffs E. M., Thomas M.. Form due by 6/21/2022. (alf) [Transferred from Utah on 7/12/2022.] |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by Thomas M., E. M. as to Blue Cross and Blue Shield of North Carolina Waiver sent on 6/1/2022, answer due 8/1/2022. (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 9 WAIVER OF SERVICE Returned Executed filed by Thomas M., E. M. as to SAS Institute Waiver sent on 6/1/2022, answer due 8/1/2022. (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 8 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Thomas M., E. M. (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 7 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Thomas M., E. M. as to Blue Cross and Blue Shield of North Carolina served on 5/11/2022, answer due 6/1/2022. (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 6 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Thomas M., E. M. as to SAS Institute served on 5/11/2022, answer due 6/1/2022. (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Blue Cross and Blue Shield of North Carolina. 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. (mh) [Transferred from Utah on 7/12/2022.] |
| Filing 4 **RESTRICTED DOCUMENT**Summons Issued Electronically as to SAS Institute. 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. (mh) [Transferred from Utah on 7/12/2022.] |
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 5/3/22. (alf) [Transferred from Utah on 7/12/2022.]
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| Filing 2 COMPLAINT against Blue Cross and Blue Shield of North Carolina, SAS Institute the SAS Institute Inc. Medical Plan and Blue Cross Blue Shield of North Carolina (Filing fee $ 402, receipt number AUTDC-4322668) filed by Thomas M., E. M.. Assigned to Magistrate Judge Jared C. Bennett (Abke, Kathleen) [Transferred from Utah on 7/12/2022.] |
| Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiffs E. M., Thomas M. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (af) [Transferred from Utah on 7/12/2022.] |
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