P. v. Truliant Federal Credit Union et al
Plaintiff: Carol P. and J. P.
Defendant: Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan and Blue Cross Blue Shield of North Carolina
Case Number: 3:2022cv00356
Filed: August 4, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 26, 2022 Filing 27 MEMORANDUM in Support re #26 MOTION to Dismiss for Failure to State a Claim by Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan. (Attachments: #1 Exhibit A: Benefit Booklet, #2 Exhibit B: License, #3 Exhibit C: 6/4/2021 Denial Letter, #4 Exhibit D: Certification)(Hansen, Chad)
September 26, 2022 Filing 26 MOTION to Dismiss for Failure to State a Claim by Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan. Responses due by 10/11/2022 (Hansen, Chad). Motions referred to David S. Cayer.
August 17, 2022 Opinion or Order Filing 25 ORDER granting #24 Motion for Leave to Appear Pro Hac Vice added Kathleen J. Abke for Carol P.,Kathleen J. Abke for J. P. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 8/17/2022. (mek)
August 17, 2022 Notice to Kathleen J. Abke: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/24/2022. (mek)
August 16, 2022 Filing 24 MOTION for Leave to Appear Pro Hac Vice as to Kathleen J. Abke Filing fee $ 288, receipt number ANCWDC-5700926. by Carol P., J. P.. (Walton, Caitlin). Motions referred to David S. Cayer.
August 12, 2022 Filing 23 NOTICE of Appearance by Caitlin Hale Walton on behalf of Carol P., J. P. (Walton, Caitlin)
August 12, 2022 SECOND Notice to Kathleen J. Abke, Savanna Jones: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 8/19/2022. (rth)
August 8, 2022 Filing 22 Consent MOTION to Withdraw as Attorney Mark D. Tolman by Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan. Responses due by 8/22/2022 (Attachments: #1 Proposed Order) (Hansen, Chad). Motions referred to David S. Cayer.
August 8, 2022 Filing 21 NOTICE of Appearance by Whitney Ruth Pakalka on behalf of Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan (Pakalka, Whitney)
August 8, 2022 Filing 20 Corporate Disclosure Statement by Truliant Federal Credit Union Employee Health Plan (Hansen, Chad)
August 8, 2022 Filing 19 Corporate Disclosure Statement by Truliant Federal Credit Union (Hansen, Chad)
August 8, 2022 Filing 18 Corporate Disclosure Statement by Blue Cross Blue Shield of North Carolina (Hansen, Chad)
August 8, 2022 Filing 17 NOTICE of Appearance by Chad Dwight Hansen on behalf of Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan (Hansen, Chad)
August 8, 2022 Opinion or Order TEXT-ONLY ORDER granting #22 Motion to Withdraw as Attorney. Attorney Mark D. Tolman terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/8/2022. (DLG)
August 4, 2022 Filing 16 Case transferred in from District of Utah; Case Number 4:22-cv-00034. Original electronic file and docket sheet received.
August 4, 2022 Opinion or Order Filing 15 ORDER granting #14 Motion to Change Venue - The Clerk is directed to TRANSFER this action to the Western District of North Carolina. Signed by Judge Robert J. Shelby on 08/03/2022. (jl) [Transferred from Utah on 8/4/2022.]
August 4, 2022 Notice to Kathleen J. Abke, Savanna Jones, Mark D. Tolman: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 8/11/2022. (rth)
August 4, 2022 Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth)
August 3, 2022 Filing 14 Stipulated MOTION to Change Venue filed by Defendants Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan, The. (Attachments: #1 Text of Proposed Order Proposed Order Granting Stipulated Motion to Transfer Venue) Motions referred to Paul Kohler.(Tolman, Mark) [Transferred from Utah on 8/4/2022.]
August 3, 2022 Filing 13 NOTICE of Appearance by Mark D. Tolman on behalf of Blue Cross Blue Shield of North Carolina, Truliant Federal Credit Union, Truliant Federal Credit Union Employee Health Plan, The (Tolman, Mark) [Transferred from Utah on 8/4/2022.]
July 27, 2022 Filing 12 WAIVER OF SERVICE Returned Executed filed by Carol P., J. P. as to Truliant Federal Credit Union Employee Health Plan, The Waiver sent on 7/26/2022, answer due 9/26/2022. (Abke, Kathleen) [Transferred from Utah on 8/4/2022.]
July 27, 2022 Filing 11 WAIVER OF SERVICE Returned Executed filed by Carol P., J. P. as to Truliant Federal Credit Union Waiver sent on 7/26/2022, answer due 9/26/2022. (Abke, Kathleen) [Transferred from Utah on 8/4/2022.]
July 27, 2022 Filing 10 WAIVER OF SERVICE Returned Executed filed by Carol P., J. P. as to Blue Cross Blue Shield of North Carolina Waiver sent on 7/26/2022, answer due 9/26/2022. (Abke, Kathleen) [Transferred from Utah on 8/4/2022.]
July 26, 2022 Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Truliant Federal Credit Union. 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. (ks) [Transferred from Utah on 8/4/2022.]
July 26, 2022 Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Truliant Federal Credit Union Employee Health Plan, The. 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. (ks) [Transferred from Utah on 8/4/2022.]
July 11, 2022 Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Blue Cross 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. (ks) [Transferred from Utah on 8/4/2022.]
June 24, 2022 Filing 6 Case Reassigned to Judge Robert J. Shelby. Judge David Nuffer no longer assigned to the case as a result of Judge Nuffer's interim role as acting Chief Deputy Clerk. Magistrate Judge Referral is unaffected. Case number will now read 4:22-cv-00034-RJS-PK. Please make changes to document captions accordingly. (jwt) [Transferred from Utah on 8/4/2022.]
June 1, 2022 Opinion or Order Filing 5 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 Judge David Nuffer on 6/1/22 (alt) [Transferred from Utah on 8/4/2022.]
June 1, 2022 Opinion or Order Filing 4 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 6/1/2022. (pjd) [Transferred from Utah on 8/4/2022.]
June 1, 2022 Filing 3 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (pjd) [Transferred from Utah on 8/4/2022.]
May 31, 2022 Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4346997) filed by Carol P.and J.P. Assigned to Judge David Nuffer (Abke, Kathleen) Modified on 6/1/2022 to include a plaintiff as a filer (ks). [Transferred from Utah on 8/4/2022.]
May 31, 2022 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiff Carol P. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. 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. (ks) [Transferred from Utah on 8/4/2022.]

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Plaintiff: Carol P.
Represented By: Kathleen J. Abke
Represented By: Savanna Jones
Represented By: Caitlin Hale Walton
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Plaintiff: J. P.
Represented By: Kathleen J. Abke
Represented By: Savanna Jones
Represented By: Caitlin Hale Walton
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Defendant: Truliant Federal Credit Union
Represented By: Mark D. Tolman
Represented By: Chad Dwight Hansen
Represented By: Whitney Ruth Pakalka
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Defendant: Truliant Federal Credit Union Employee Health Plan
Represented By: Mark D. Tolman
Represented By: Chad Dwight Hansen
Represented By: Whitney Ruth Pakalka
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Defendant: Blue Cross Blue Shield of North Carolina
Represented By: Mark D. Tolman
Represented By: Chad Dwight Hansen
Represented By: Whitney Ruth Pakalka
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