Vigdor et al v. UnitedHealthcare Insurance Company et al
| Cynthia Pusey Vigdor, Vanessa Krombeen, Vashista Kokkirala, Jessica Huck, Richard Smithson, Ronald Easter, Providence Anesthesiology Associates, P.A. and Robert Vigdor |
| UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc., UMR, Inc. and UnitedHealth Group Incorporated |
| 3:2021cv00517 |
| September 29, 2021 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| Graham Mullen |
| Other Statutory Actions |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.
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Filing 30
ORDER granting #29 Unopposed MOTION for Extension of Time to File Response/Reply re: #19 MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction. Replies due by 12/9/2021. Signed by Magistrate Judge David Keesler on 11/23/2021. (kab).
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Filing 29
Unopposed MOTION for Extension of Time to File Response/Reply re: #19 MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction by Ronald Easter, Jessica Huck, Vashista Kokkirala, Vanessa Krombeen, Providence Anesthesiology Associates, P.A., Richard Smithson, Cynthia Pusey Vigdor, Robert Vigdor. Responses due by 12/7/2021 (Gregson, Grace). Motions referred to David Keesler.
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Filing 28
DECLARATION of Jane Stalinski re #27 Memorandum in Opposition to Motion, filed by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpt of Plan Document, #3 Exhibit B - Excerpt of Plan Document, #4 Exhibit C - Excerpt of Plan Document, #5 Exhibit D - Excerpt of Plan Document, #6 Exhibit E - Excerpt of Plan Document, #7 Exhibit F - Excerpt of Plan Document, #8 Exhibit G - Chart)(McGuire, Matthew)
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Filing 27
MEMORANDUM in Opposition re #19 MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. Replies due by 11/29/2021 (McGuire, Matthew)
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Filing 26
ORDER granting #25 Defendants' Unopposed Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter. Replies due by 12/6/2021. Signed by Magistrate Judge David Keesler on 11/19/21. (mga)
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Filing 25
Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Response to Defendants' Motion to Dismiss by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. Responses due by 12/3/2021 (McGuire, Matthew). Motions referred to David Keesler.
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Filing 24
MEMORANDUM in Opposition re #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter by Ronald Easter, Jessica Huck, Vashista Kokkirala, Vanessa Krombeen, Providence Anesthesiology Associates, P.A., Richard Smithson, Cynthia Pusey Vigdor, Robert Vigdor. Replies due by 11/24/2021 (Attachments: #1 Exhibit TeamHealth case article)(Gregson, Grace)
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Filing 23
ORDER granting #22 Defendants' Motion for Extension of Time to File Response/Reply re #19 MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction. Responses due by 11/22/2021. Signed by Magistrate Judge David Keesler on 11/10/21. (mga)
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Remand (Dkt. No. 19) by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. Responses due by 11/24/2021 (McGuire, Matthew). Motions referred to David Keesler.
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Filing 21
ORDER granting #18 Motion for Extension of Time to File Response/Reply re: #10 MOTION to Dismiss. Response due by 11/17/2021. Signed by District Judge Max O. Cogburn, Jr on 11/3/2021. (ams)
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Filing 20
MEMORANDUM in Support re #19 MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction by Ronald Easter, Jessica Huck, Vashista Kokkirala, Vanessa Krombeen, Providence Anesthesiology Associates, P.A., Richard Smithson, Cynthia Pusey Vigdor, Robert Vigdor. (Attachments: #1 Index of Exhibits, #2 Exhibit Gulf-to-Bay Anesthesiology Associates LLC v. UnitedHealthCare of Florida Inc., #3 Exhibit Emergency Care Services of Pennsylvania PC v. UnitedHealth Group Inc., #4 Exhibit UHC Opposition Brief Excerpt)(Gregson, Grace)
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Filing 19
MOTION to Remand to State Court due to lack of Subject Matter Jurisdiction by Ronald Easter, Jessica Huck, Vashista Kokkirala, Vanessa Krombeen, Providence Anesthesiology Associates, P.A., Richard Smithson, Cynthia Pusey Vigdor, Robert Vigdor. Responses due by 11/12/2021 (Gregson, Grace). Motions referred to David Keesler.
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Filing 18
Unopposed MOTION for Extension of Time to File Response/Reply re: #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter by Ronald Easter, Jessica Huck, Vashista Kokkirala, Vanessa Krombeen, Providence Anesthesiology Associates, P.A., Richard Smithson, Cynthia Pusey Vigdor, Robert Vigdor. Responses due by 11/12/2021 (Gregson, Grace). Modified on 10/28/2021 to remove referral (mek).
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Filing 17
Corporate Disclosure Statement by Providence Anesthesiology Associates, P.A. (Gregson, Grace)
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Filing 16
NOTICE of Appearance by J. Mitchell Armbruster on behalf of All Plaintiffs (Armbruster, J.)
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Filing 15
NOTICE of Appearance by Robert W. Shaw on behalf of All Plaintiffs (Shaw, Robert) Modified to correct text on 10/21/2021 (clc).
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Filing 14
NOTICE of Appearance by Grace A. Gregson on behalf of All Plaintiffs (Gregson, Grace) Modified to correct text on 10/21/2021 (clc).
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Filing 13
DECLARATION of Jane Stalinski re #11 Memorandum in Support of Motion, #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter filed by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Excerpt of Plan Document, #3 Exhibit B - Excerpt of Plan Document, #4 Exhibit C - Excerpt of Plan Document, #5 Exhibit D - Excerpt of Plan Document, #6 Exhibit E - Excerpt of Plan Document, #7 Exhibit F - Excerpt of Plan Document, #8 Exhibit G - Chart)(McGuire, Matthew)
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Filing 12
DECLARATION of John H. Aman re #11 Memorandum in Support of Motion, #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter filed by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc. (Attachments: #1 Exhibit A - Excerpt of Medical Group Participation Agreement)(McGuire, Matthew)
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Filing 11
MEMORANDUM in Support re #10 MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alter by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. (McGuire, Matthew)
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Filing 10
MOTION to Dismiss (1) Plaintiffs' Claims Against UMR, Inc. and UnitedHealth Group Incorporated for Lack of Personal Jurisdiction; (2) All Plaintiffs' Claims for Failure to State a Claim on Which Relief May be Granted; and (3) In the Alternative, to Compel Arbitration as to Providence Anesthesiology Associates, P.A.'s Claims by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. Responses due by 11/3/2021 (McGuire, Matthew)
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Filing 9
ORDER granting #8 Defendants' Unopposed Motion for Extension of Time to Answer Complaint contained in #1 Notice of Removal. Defendants answer due 10/20/2021. Signed by Magistrate Judge David Keesler on 10/6/21. (mga)
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Filing 8
Unopposed MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint by UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc.. (McGuire, Matthew). Motions referred to David Keesler.
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Case reassigned to District Judge Max O. Cogburn, Jr. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(ef)
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Filing 7
NOTICE of Appearance by Matthew Patrick McGuire on behalf of UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc. (McGuire, Matthew)
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Filing 6
Corporate Disclosure Statement by UnitedHealth Group Incorporated (McGowan, Emily)
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Filing 5
Corporate Disclosure Statement by UMR, Inc. (McGowan, Emily)
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Filing 4
Corporate Disclosure Statement by UnitedHealthcare of North Carolina, Inc. (McGowan, Emily)
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Filing 3
Corporate Disclosure Statement by UnitedHealthcare Insurance Company (McGowan, Emily)
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Filing 2
NOTICE of Appearance by Emily Claire McGowan on behalf of UMR, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Insurance Company, UnitedHealthcare of North Carolina, Inc. (McGowan, Emily)
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Mecklenburg County Superior Court, case number 2021-CVS-13028. (Filing fee $ 402 receipt number ANCWDC-5245748), filed by UnitedHealth Group Incorporated, UnitedHealthcare of North Carolina, Inc., UnitedHealthcare Insurance Company, UMR, Inc.. (Attachments: #1 Index of Exhibits to Defendants' Notice of Removal, #2 Exhibit A - Class Action Complaint Filed in Mecklenburg County Superior Court, #3 Exhibit B - General Civil Action Cover Sheet Filed in Mecklenburg County Superior Court, #4 Exhibit C - Civil Summons Issued to UnitedHealthcare Insurance Company by Assistant Clerk of Superior Court, #5 Exhibit D - Civil Summons Issued to UnitedHealthcare of North Carolina, Inc. by Assistant Clerk of Superior Court, #6 Exhibit E - Civil Summons Issued to UMR, Inc. by Assistant Clerk of Superior Court, #7 Exhibit F - Civil Summons Issued to UnitedHealth Group, Inc. by Assistant Clerk of Superior Court)(McGowan, Emily)
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Case assigned to Senior Judge Graham Mullen and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(kab)
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