BOGGS et al v. BLUE CROSS BLUE SHIELD OF NORTH CAROLINA et al
| Carl A. Boggs, III and Leah Boggs |
| BLUE CROSS BLUE SHIELD OF NORTH CAROLINA and Blue Options PPO |
| 1:2022cv00084 |
| January 31, 2022 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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| Filing 31 Notice to Parties RE: SO30. Responses due by 4/4/2022 (Winchester, Robin) |
| Filing 30 NOTICE of Special Appearance by attorney LAURA C. NIELSON on behalf of Plaintiffs CARL A. BOGGS, III, LEAH BOGGS ( Filing fee $ 25 receipt number ANCMDC-3240839.) (NIELSON, LAURA) |
| Filing 29 NOTICE of Attorney Appearance by attorney CAITLIN H. WALTON on behalf of Plaintiffs CARL A. BOGGS, III, LEAH BOGGS (WALTON, CAITLIN) |
| Filing 28 NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendants BLUE CROSS BLUE SHIELD OF NORTH CAROLINA, BLUE OPTIONS PPO. CHAD DWIGHT HANSEN is substituted as counsel for Defendants. Attorney MARK D. TOLMAN terminated. Whitney R. Pakalka is also substituted as counsel for Defendants. (HANSEN, CHAD) |
| Filing 27 NOTICE of Attorney Appearance by attorney WHITNEY R. PAKALKA on behalf of Defendants BLUE CROSS BLUE SHIELD OF NORTH CAROLINA, BLUE OPTIONS PPO (PAKALKA, WHITNEY) |
| Filing 26 NOTICE of Attorney Appearance by attorney CHAD DWIGHT HANSEN on behalf of Defendants BLUE CROSS BLUE SHIELD OF NORTH CAROLINA, BLUE OPTIONS PPO (HANSEN, CHAD) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Carter, Alexus) |
| CASE REFERRED to Standing Order 30. (Carter, Alexus) |
| Filing 25 ECF 30 Day Notice as to Attorney G. ERIC NIELSON and LAURA C. NIELSON. ECF 30 Day Notice due by 3/3/2022. (Attachments: #1 30 Day ECF Notice - LAURA C. NIELSON) (Carter, Alexus) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Carter, Alexus) |
| Filing 24 Case transferred in from District of Utah; Case Number 2:20-cv-00632. Original file certified copy of transfer order and docket sheet received. |
Filing 23
ORDER granting #21 Motion to Change Venue. This case will be transferred to the Middle District of North Carolina. Signed by Judge David Barlow on 01/31/2022. (jl) [Transferred from Utah on 1/31/2022.]
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| Filing 22 Motions No Longer Referred: #21 Stipulated MOTION to Change Venue. The district judge will address the motion. (rep) [Transferred from Utah on 1/31/2022.] |
| Filing 21 Stipulated MOTION to Change Venue filed by Plaintiffs Carl A. Boggs, III, Leah Boggs. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Transfer) Motions referred to Cecilia M. Romero.(Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
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Filing 20
ORDER granting #18 Motion to Stay; finding as moot #7 Motion to Dismiss for Lack of Jurisdiction ; finding as moot #7 Motion to Change Venue. The hearing scheduled for July 28, 2021 on Defendants' motion to dismiss or transfer is vacated. All proceedings in the case are stayed until February 1, 2022. Signed by Judge David Barlow on 07/21/2021. (jl) [Transferred from Utah on 1/31/2022.]
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| Filing 19 Motions No Longer Referred: #18 Stipulated MOTION to Stay The District Judge will address the motion. (rep) [Transferred from Utah on 1/31/2022.] |
| Filing 18 Stipulated MOTION to Stay filed by Plaintiffs Carl A. Boggs, III, Leah Boggs. (Attachments: #1 Text of Proposed Order Granting Stipulated Motion to Stay) Motions referred to Cecilia M. Romero.(Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
| Filing 17 NOTICE OF ZOOM HEARING ON MOTION re: #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support, for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue: Motion Hearing set for 7/28/2021 at 01:30 PM in Rm 8.300 before Judge David Barlow. The court will e-mail Zoom hearing instructions to counsel and the court reporter. Members of the public or media who wish to attend should contact utdecf_barlow@utd.uscourts.gov at least 24 hours in advance of the hearing to request hearing instructions. (tcs) [Transferred from Utah on 1/31/2022.] |
| Filing 16 Defendant's REPLY to Response to Motion re #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue filed by Defendants Blue Cross Blue Shield of North Carolina, Blue Options PPO. (Hansen, Chad) [Transferred from Utah on 1/31/2022.] |
| Filing 15 MEMORANDUM in Opposition re #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue filed by Plaintiffs Carl A. Boggs, III, Leah Boggs. (Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
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Filing 14
ORDER ON #12 STIPULATED MOTION FOR EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANTS MOTION TO CHANGE VENUE. Responses due by 4/12/2021 Signed by Judge David Barlow on 04/06/2021. (jl) [Transferred from Utah on 1/31/2022.]
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| Filing 13 Motions No Longer Referred: #12 Second MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim. District judge will address motion. (tcs) [Transferred from Utah on 1/31/2022.] |
| Filing 12 Second MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue filed by Plaintiffs Carl A. Boggs, III, Leah Boggs. (Attachments: #1 Text of Proposed Order re: Stipulated Motion for Extension of Time for Plaintiffs to Respond to Defendants' Motion to Change Venue) Motions referred to Cecilia M. Romero.(Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
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Filing 11
ORDER granting #10 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue. IT IS SO HEREBY ORDERED that the deadline for Plaintiffs to answer or otherwise respond to Defendants Motion to Change Venue is extended to April 5, 2021. Signed by Magistrate Judge Cecilia M. Romero on 03/23/2021. (jl) [Transferred from Utah on 1/31/2022.]
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| Filing 10 Stipulated MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim MOTION to Change Venue filed by Plaintiffs Carl A. Boggs, III, Leah Boggs. (Attachments: #1 Text of Proposed Order for Stipulated Motion for Extension of Time to Respond to Defendants Motion to Change Venue) Motions referred to Cecilia M. Romero.(Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
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Filing 9
ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney Chad D. Hansen for Blue Cross Blue Shield of North Carolina,Chad D. Hansen for Blue Options PPO.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 2/23/21. (jrj) [Transferred from Utah on 1/31/2022.]
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| Filing 8 DECLARATION of Adonna M. McFall re #7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim filed by Blue Cross Blue Shield of North Carolina, Blue Options PPO. (Tolman, Mark) [Transferred from Utah on 1/31/2022.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , for Improper Venue or, in the Alternative, to Transfer Venue or Dismiss for Failure to State a Claim filed by Defendants Blue Cross Blue Shield of North Carolina, Blue Options PPO. (Attachments: #1 Exhibit Declaration of Lynn Charbonneau, #2 Exhibit Declaration of Sherry R. Dawson)(Tolman, Mark). Added MOTION to Change Venue on 2/24/2021 (jrj). [Transferred from Utah on 1/31/2022.] |
| Filing 6 MOTION for Admission Pro Hac Vice of Chad D. Hansen , Registration fee $ 250, receipt number AUTDC-3923734,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Blue Cross Blue Shield of North Carolina, Blue Options PPO. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order Granting Pro Hac Vice Admission)(Tolman, Mark) [Transferred from Utah on 1/31/2022.] |
| Filing 5 NOTICE of Appearance by Mark D. Tolman on behalf of Blue Cross Blue Shield of North Carolina, Blue Options PPO (Tolman, Mark) [Transferred from Utah on 1/31/2022.] |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by Leah Boggs, Carl A. Boggs, III as to Blue Cross Blue Shield of North Carolina Waiver sent on 12/22/2020, answer due 2/22/2021; Blue Options PPO Waiver sent on 12/22/2020, answer due 2/22/2021. (Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 12/7/2020. (akj) [Transferred from Utah on 1/31/2022.]
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| Filing 2 COMPLAINT against Blue Cross Blue Shield of North Carolina, Blue Options PPO (Filing fee $ 400, receipt number AUTDC-3712927) filed by Leah Boggs, Carl A. Boggs, III. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Barlow (Nielson, Laura) [Transferred from Utah on 1/31/2022.] |
| Filing 1 Case has been indexed and assigned to Judge David Barlow. Plaintiffs Carl A. Boggs, III, Leah Boggs is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 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. (jl) [Transferred from Utah on 1/31/2022.] |
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