Patterson v. Swagelok Co. et al
| Patterson, Mrs. Laura L. Patterson and Laura L. Patterson |
| Swagelok Co, Kreiner & Peters Co., L.P.A., United Healthcare Services, Inc., United Health Group, Incorporated, Optum, Inc., Swagelok Co., United Healthcare Insurance Company, Swagelok Company, UnitedHealthcare Insurance Company and UnitedHealth Group, Inc. |
| 1:2020cv00566 |
| March 17, 2020 |
| US District Court for the Northern District of Ohio |
| John R Adams |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1001 E.R.I.S.A. |
| Plaintiff |
Docket Report
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Filing 28
Order that this matter is hereby stayed pending completion of the state court litigation. The parties' pending motions are denied without prejudice (Related Docs #8 , #9 , #10 , #11 , #12 , #19 , #20 ) See order for further details. Judge John R. Adams on 8/20/2020.(L,J)
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| Minutes of proceedings [non-document] before Judge John R. Adams. Telephone Status Conference held on 8/18/20. (Court Reporter: Lori Callahan.)Time: 5 Mins. (K,C) |
| Filing 27 Notice of Telephone Conference set for 8/18/2020 at 11:00 AM to be held telephonically before Judge John R. Adams. Only counsel is required to participate. Plaintiff shall provide the parties and the court with a conference call-in number. (K,C) |
| Filing 26 Return of Service by personal service executed upon Swagelok Company on 6/15/2020, filed on behalf of Laura L. Patterson (Pfouts, Benjamin) |
| Filing 25 Alias Summons issued for service upon Swagelok Company. (M,TL) |
| Filing 24 Praecipe for issuance of Original Summons to Swagelok c/o MGGM Service Corp filed by Laura L. Patterson. (Attachments: #1 Summons to Swagelok SA)(Pfouts, Benjamin) |
| Filing 23 Reply in support of #12 Motion to dismiss for failure to state a claim the entire Amended Complaint filed by All Defendants. (Kiefer, Daran) |
| Service by Clerk. Summons, Amended Complaint and Magistrate Consent Form addressed to Swagelok Company placed in U.S. Mail. Type of service: certified mail. Receipt # 7015 0640 0007 8172 9803. (T,Je) |
| Filing 22 Original Summons issued to counsel for service upon Swagelok Company. (T,Je) |
| Filing 21 Praecipe for issuance of Original Summons to Swagelok filed by Laura L. Patterson. (Attachments: #1 Summons Summons to Swagelok)(Pfouts, Benjamin) |
| Filing 20 Motion for leave to exceed page limitations for Doc. #19 Instanter filed by Plaintiff Laura L. Patterson. Related document(s) #19 . (Attachments: #1 Proposed Order)(Pfouts, Benjamin) |
| Filing 19 Combined Opposition to #12 Motion to dismiss for failure to state a claim the entire Amended Complaint and Motion for Leave to File Second Amended Complaint filed by Laura L. Patterson. (Attachments: #1 Exhibit 2018 Case Order dated 4.29.19, #2 Exhibit Case law: Sec. of Dept. of Labor v. United Transp. Union, #3 Exhibit Correspondence from Optum 7.5.17, #4 Exhibit Case law: Benton v. Vanderbilt Univ., #5 Exhibit Case law: Nill v. Essex Group, Inc., #6 Exhibit Case law: Travelers v. Hudec, #7 Exhibit Case law: Strategic Outsourcing v. Comm. Benefits Group Agency)(Pfouts, Benjamin) |
| Filing 18 Reply in support of #8 Motion to change/transfer venue to the Cleveland Division filed by All Defendants. (Kiefer, Daran) |
| Filing 17 Reply in support of #11 Motion to consolidate cases filed by Laura L. Patterson. (Attachments: #1 Exhibit Illumina Inc. v. Ariosa Diagnostics)(Pfouts, Benjamin) |
| Filing 16 Brief in Partial Opposition to Defendants' Alternative Motion to Stay filed by Laura L. Patterson. Related document(s) #10 . (Pfouts, Benjamin) |
| Filing 15 Brief in Opposition to Defendants' First Motion to Dismiss filed by All Plaintiffs. Related document(s) #9 . (Pfouts, Benjamin) |
| Filing 14 Brief in Opposition to Defendants' Motion to Transfer and Reassign This Case filed by All Plaintiffs. Related document(s) #8 . (Attachments: #1 Exhibit 2018 Case Patterson's Answer, Counterclaims, and Third-Party Complaint, #2 Exhibit 2018 Case 4.20.19 Order, #3 Exhibit Correspondence) (Pfouts, Benjamin) |
| Filing 13 Opposition to #11 Motion to consolidate cases filed by All Defendants. (Kiefer, Daran) |
| Filing 12 Motion to dismiss for failure to state a claim the entire Amended Complaint filed by Kreiner & Peters Co., L.P.A., Optum, Inc., Swagelok Company, United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Related document(s) #7 . (Kiefer, Daran) |
| Filing 11 Motion to consolidate cases filed by Plaintiff Laura L. Patterson. (Attachments: #1 Exhibit 2018 case Swagelok's Complaint, #2 Exhibit 2018 case Patterson's Answer, Counterclaims, and Third Party Claims, #3 Exhibit 2020 case Patterson's First Amended Complaint, #4 Exhibit 2018 Order dated 4.29.19, #5 Proposed Order)(Pfouts, Benjamin) |
| Filing 10 Motion to stay the complaint in alternative to motion to transfer and motion to dismiss filed by Kreiner & Peters Co., L.P.A., Optum, Inc., Swagelok Co., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Related document(s) #7 , #1 , #8 , #9 . (Attachments: #1 Exhibit A Medina County Common Pleas Entry in Case Number 17 CIV 0585, #2 Exhibit B Order in Case number 5:18CV2822, #3 Exhibit C Civil Cover Sheet, #4 Exhibit D First Page of Complaint)(Kiefer, Daran) |
| Filing 9 Motion to dismiss for failure to state a claim on all counts of the complaint filed by Kreiner & Peters Co., L.P.A., Optum, Inc., Swagelok Co., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Related document(s) #1 , #7 . (Kiefer, Daran) |
| Filing 8 Motion to change/transfer venue to the Cleveland Division filed by Kreiner & Peters Co., L.P.A., Optum, Inc., Swagelok Co., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Related document(s) #1 ,. (Attachments: #1 Affidavit Secretary's Certificate Swagelok Company, #2 Order in Case Number 5:18CV2822, #3 Medina County Common Pleas Court Entry in Case Number 17 CIV 0585)(Kiefer, Daran) |
| Filing 7 First Amended complaint against All Defendants. Filed by Laura L. Patterson. (Attachments: #1 Exhibit Swagelok Plan Document, #2 Exhibit Swagelok Summary Plan Description) (Pfouts, Benjamin) |
| Filing 6 Return of Service by Clerk by certified mail executed upon Optum, Inc. on 3/6/2020, filed on behalf of Laura L. Patterson. Related document(s) #2 . (O,K) |
| Filing 5 Return of Service by Clerk by certified mail executed upon Kreiner & Peters Co., L.P.A. on 3/20/2020; United Healthcare Services, Inc. on 3/19/2020; United Health Group, Inc. on 3/19/2020; United Healthcare Insurance Company on 3/19/2020, filed on behalf of Laura L. Patterson. Related document(s) #4 . (O,K) |
| Service by Clerk. Summons and Complaint addressed to Kreiner & Peters Co., L.P.A. (receipt #7019 0160 0000 3711 7885), Optum, Inc. (receipt #7019 0160 0000 3711 7892), Swagelok Co. (receipt #7019 0160 0000 3711 7908), United Healthcare Services, Inc. (receipt #7019 0160 0000 3711 7854), UnitedHealth Group, Inc. (receipt #7019 0160 0000 3711 7878), UnitedHealthcare Insurance Company (receipt #7019 0160 0000 3711 7861) placed in U.S. Mail. Type of service: certified mail. (M,TL) |
| Filing 4 Original Summons issued for service upon UnitedHealthcare Insurance Company. (M,TL) |
| Filing 3 Praecipe for issuance of Original Summons to Unitedhealthcare Insurance Company filed by Laura L. Patterson. (Attachments: #1 Summons to Unitedhealthcare Ins. Co.)(Pfouts, Benjamin) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Kreiner & Peters Co., L.P.A., Optum, Inc., Swagelok Co., United Healthcare Services, Inc., UnitedHealth Group, Inc. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 1 Complaint for breach of Fiduciary Duty; Violations of ERISA; Violations of the FDCPA; Breach of Contract; Bad Faith; Punitive Damages; Abuse of Process; Malicious Prosecution; Collateral Estoppel; Tortious Interference; Conspiracy and Aiding and Abetting with jury demand against all Defendants. Filing fee $400.00 paid, receipt #AOHNDC-9859197. Plaintiff has indicated that case may be a refiling of terminated civil action 5:18cv02822, filed by Laura L. Patterson. (Attachments: #1 Exhibit 1 Swagelok Health and Welfare Benefit Plan, #2 Exhibit 2 Summary Plan Description, #3 Civil Cover Sheet , #4 Summons) (Pfouts, Benjamin) |
| Judge John R. Adams assigned to case. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
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