R.S. v. Medical Mutual et al
| R S |
| Medical Mutual, Case Western Reserve University and Case Western Reserve University Benefits Plan |
| 1:2023cv01127 |
| June 5, 2023 |
| US District Court for the Northern District of Ohio |
| David A Ruiz |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 Certification of Conferral filed by Case Western Reserve University, Case Western Reserve University Benefits Plan. (Related document(s) #33 , #34 ) (Mathisen, Eric) |
| Filing 34 Case Management Conference Scheduling Order with case management conference to be held on 9/15/2023 at 11:00 AM by telephone before Judge David A. Ruiz. Conferencing instructions to be emailed to counsel. Lead counsel and parties must participate unless excused by the Court upon written motion. IMPORTANT: The parties are advised to carefully read this Order. Judge David A. Ruiz on 7/25/2023. (Attachments: #1 Report of the Parties Planning Meeting) (C,TA) |
| Filing 33 Motion to dismiss second cause of action, and Motion to dismiss for failure to state a claim with memorandum in support filed by Case Western Reserve University, Case Western Reserve University Benefits Plan. (Related document(s) #1 ) (Mathisen, Eric) |
| Filing 32 Answer to #1 Complaint filed by Case Western Reserve University, Case Western Reserve University Benefits Plan. (Mathisen, Eric) |
| Filing 31 Answer to #1 Complaint filed by Medical Mutual. (Koehler, Christopher) |
Order [non-document] granting Case Western Defendants' #30 Unopposed Motion for Extension of Time to Answer. Case Western Defendants shall answer, move, or otherwise respond to the Complaint on or before 7/24/2023. Judge David A. Ruiz on 6/26/2023. (C,TA)
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| Filing 30 Unopposed Motion for leave until July 24, 2023 to Respond to Plaintiff's Complaint filed by Case Western Reserve University, Case Western Reserve University Benefits Plan. Related document(s) #1 . (Mathisen, Eric) Modified motion event on 6/26/2023 (F,AW). |
| Filing 29 Waiver of Service Returned Executed by R S. Medical Mutual waiver sent on 3/31/2023, answer due 6/30/2023 filed on behalf of R S (King, Brian) |
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Order [non-document] granting attorney Samuel M. Hall's #27 Motion to Withdraw as Counsel for Plaintiff R S. Judge David A. Ruiz on 6/22/2023. (C,TA)
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Order [non-document] granting attorney Brent J. Newton's #28 Motion to Withdraw as Counsel for Plaintiff R S. Judge David A. Ruiz on 6/22/2023. (C,TA)
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| Filing 28 Motion by Brett J. Newton to withdraw as attorney filed by Plaintiff R S. (Attachments: #1 Proposed Order to withdraw as counsel)(King, Brian) |
| Filing 27 Motion by Samuel M. Hall to withdraw as attorney filed by Plaintiff R S. (Attachments: #1 Proposed Order to withdraw as counsel)(King, Brian) |
| Filing 26 Motion for attorney Brian S. King to Appear Pro Hac Vice. Filing fee $ 120, receipt number 146003, filed by Plaintiff R S. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing). (L,MI) |
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Order [non-document] granting #26 Motion for appearance pro hac vice by attorney Brian S. King for R S. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge David A. Ruiz on 6/20/2023. (C,TA)
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| Filing 25 Attorney Appearance by Eric P. Mathisen filed by on behalf of Case Western Reserve University, Case Western Reserve University Benefits Plan. (Mathisen, Eric) |
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Order [non-document] granting Defendant Medical Mutual of Ohio's #21 Unopposed Motion for Leave to Respond to Plaintiff's Complaint. Defendant Medical Mutual of Ohio shall answer, move, or otherwise respond to the Complaint on or before 7/5/2023. Judge David A. Ruiz on 6/9/2023. (C,TA)
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| Filing 24 Attorney Appearance as Additional Counsel by Bradley D. Reed filed by on behalf of Medical Mutual. (Reed, Bradley) |
| Filing 23 Attorney Appearance As Lead Counsel by Christopher C. Koehler filed by on behalf of Medical Mutual. (Koehler, Christopher) |
| Filing 22 Corporate Disclosure Statement filed by Medical Mutual. (Smith, Michael) |
| Filing 21 Unopposed Motion for leave Until July 5, 2023 To Respond To Plaintiff's Complaint filed by Defendant Medical Mutual. (Smith, Michael) |
| Filing 20 Notice of Appearance as Additional Counsel by Michael E. Smith filed by on behalf of Medical Mutual. (Smith, Michael) |
| Notice to Attorney Kamie F. Brown. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Amanda Fuller. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Brian S. King. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Samuel M. Hall. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Notice to Attorney Brent J. Newton. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (W,Jo) |
| Filing 19 Magistrate Consent Form issued. (K,AR) |
| Filing 18 CASE TRANSFERRED IN from District of Utah. Case number 2:23-cv-00215. Electronic file, copy of transfer order and docket sheet received. |
| Judge David A. Ruiz assigned to case. (K,AR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (K,AR) |
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Filing 17
ORDER granting #16 Stipulated Motion to Transfer Action to the United States District Court for the Northern District of Ohio, Eastern Division in Cleveland. Signed by Magistrate Judge Dustin B. Pead on 6/2/23. (dle) [Transferred from utd on 6/5/2023.]
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| Filing 16 Stipulated MOTION to Change Venue filed by Defendant Medical Mutual. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Brown, Kamie) [Transferred from utd on 6/5/2023.] |
| Filing 15 NOTICE of LIMITED APPEARANCE by Kamie F. Brown on behalf of Medical Mutual for purpose of Filing Stipulated Motion to Transfer Venue (Brown, Kamie) [Transferred from utd on 6/5/2023.] |
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Filing 14
ORDER granting #13 Stipulation and Joint Motion to Extend Answer Deadline: Defendant's deadline to file an Answer to Plaintiff's Complaint is extended to and including June 30, 2023. Signed by Magistrate Judge Dustin B. Pead on 5/23/23. (dle) [Transferred from utd on 6/5/2023.]
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| Filing 13 Stipulated MOTION for Extension of Time to File Answer and Memorandum in Support filed by Defendants Case Western Reserve University, Case Western Reserve University Benefits Plan. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Fuller, Amanda) [Transferred from utd on 6/5/2023.] |
| Filing 12 NOTICE of Appearance by Amanda Fuller on behalf of Case Western Reserve University, Case Western Reserve University Benefits Plan (Fuller, Amanda) [Transferred from utd on 6/5/2023.] |
| Filing 11 NOTICE of Appearance by Amanda Fuller on behalf of Case Western Reserve University, Case Western Reserve University Benefits Plan (Fuller, Amanda) [Transferred from utd on 6/5/2023.] |
| Filing 10 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #7 filed by Plaintiff R. S. (King, Brian) [Transferred from utd on 6/5/2023.] |
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Filing 9
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 4/21/23. (dle) [Transferred from utd on 6/5/2023.]
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Filing 8
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 04/20/2023. (lwh) [Transferred from utd on 6/5/2023.]
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Filing 7
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 04/20/2023. (lwh) [Transferred from utd on 6/5/2023.]
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| Filing 6 ERRATA to #4 Waiver of Service Executed filed by Plaintiff R. S. Signed Waiver of Service from Case Western Reserve University. (King, Brian) [Transferred from utd on 6/5/2023.] |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by R. S. as to Case Western Reserve University Benefits Plan Waiver sent on 4/3/2023, answer due 6/2/2023. (King, Brian) [Transferred from utd on 6/5/2023.] |
| Filing 4 WAIVER OF SERVICE Returned Executed filed by R. S. as to Case Western Reserve University Waiver sent on 4/3/2023, answer due 6/2/2023. (King, Brian) [Transferred from utd on 6/5/2023.] |
| Filing 3 RECEIVED Magistrate Availability Form from Plaintiff R. S.. (alf) [Transferred from utd on 6/5/2023.] |
| Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff R.S., individually and on behalf of I.R. a minor. (Notice generated by Court) Form due by 4/24/2023. (ks) [Transferred from utd on 6/5/2023.] |
| Judge Jill N. Parrish added. Case number will now read 2:23-CV-00215-JNP. Please make changes to document captions accordingly. (ks) [Transferred from utd on 6/5/2023.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4635756) filed by R.S., individually and on behalf of I.R. a minor. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from utd on 6/5/2023.] |
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