Stover v. Carefactor
| Richard Stover |
| Carefactor and KEGutridge |
| Eric J Wittenberg |
| 2:2022cv01789 |
| March 25, 2022 |
| US District Court for the Southern District of Ohio |
| Sarah D Morrison |
| Chelsey M Vascura |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| None |
Docket Report
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This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.
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Filing 62
REPLY to Response to Motion re #47 MOTION for Summary Judgment on the Administrative Record (Redacted) Plaintiff's Memorandum Contra to Defendant Carefactor's Motion Instanter filed by Defendant Carefactor. (Vlasek, Jeffrey) Modified on 11/17/2023 to correct text & document link (kk2)
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Filing 61
REPLY to Response to Motion re #45 MOTION for Order to Affirm the Administrative Decision filed by Defendant KEGutridge. (Ullman, Meredith)
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NOTICE re #60 Order- Clerk received a $3000 check from counsel pursuant to #60 Order; Receipt # 200004695. (mas)
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Filing 60
ORDER granting plaintiff's #52 and #53 Motions for Leave to File out-of-rule. Ratliff Law's conduct, though merely negligent, is unacceptable. Thus, pursuant to the Court's "inherent power to maintain respect and decorum", Attorneys J.C. Ratliff, Rocky Ratliff, and Jeff Ratliff are each FINED $1,000 for failure to comply with the Court's local rules. Signed by Judge Sarah D. Morrison on 11/2/2023. (merc)
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Filing 59
Minute Entry for proceedings held before Judge Sarah D. Morrison: Show Cause hearing held on 11/2/2023. Attorney Jeffrey Ratliff attested to the Court as to the Ratliff Firm's untimely filings. Attorney Rocky Ratliff attested to the Court s to the Ratliff Firm's failure to comply with the Court-facilitated Mediator's Scheduling Order. The Court admonished counsel and fined JC Ratliff, Jeffrey Ratliff, and Rocky Ratliff each $1,000 due within 7 days. The Court will follow up with an Order memorializing this proceeding in due course. (Court Reporter: Allison Kimmel) (merc)
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Filing 58
REPLY to Response to Motion re #53 MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant Carefactor's Motion Instanter filed by Plaintiff Richard Stover. (Attachments: #1 Exhibit Counsel Email Chain, #2 Exhibit Counsel Email dated February 27, 2023, #3 Exhibit Counsel Email dated February 27, 2023, #4 Exhibit Counsel Email Chain, #5 Exhibit Affidavit of J.C. Ratliff) (Ratliff, J)
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Filing 57
REPLY to Response to Motion re #52 MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant KE Gutridge's Motion Instanter filed by Plaintiff Richard Stover. (Attachments: #1 Exhibit Wittenberg Email Chain) (Ratliff, J)
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Filing 56
ORDER TO SHOW CAUSE. Attorneys J.C. Ratliff, Jeffrey Ratliff, and Rocky Ratliff are ORDERED to appear and SHOW CAUSE why they should not be sanctioned for failing to diligently pursue their client's cause, as evidenced by untimely filings #51 and failure to comply with the Court-facilitated mediator's scheduling order #23 , #43 , #54 , #55 . Show Cause Hearing set for 11/2/2023 10:30 AM in Courtroom 132 - Columbus before Judge Sarah D. Morrison. Signed by Judge Sarah D. Morrison on 10/4/2023. (merc)
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Filing 55
RESPONSE in Opposition re #53 MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant Carefactor's Motion Instanter filed by Defendant Carefactor. (Vlasek, Jeffrey)
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Filing 54
RESPONSE in Opposition re #52 MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant KE Gutridge's Motion Instanter filed by Defendant KEGutridge. (Attachments: #1 Exhibit A- Notice of Service, #2 Exhibit B- Notice of Service, #3 Exhibit C- May 24 2023 email, #4 Exhibit D- August 7 2023 email, #5 Exhibit E- Sept 27 2023 email canceling mediation) (Ullman, Meredith)
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Filing 53
MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant Carefactor's Motion Instanter by Plaintiff Richard Stover. (Attachments: #1 Text of Proposed Order Proposed Judgment Entry) (Ratliff, J)
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Filing 52
MOTION for Leave to File Plaintiff's Memorandum Contra to Defendant KE Gutridge's Motion Instanter by Plaintiff Richard Stover. (Attachments: #1 Exhibit Plaintiff's Memorandum Contra to Defendant KE Gutridge's Motion, #2 Text of Proposed Order Proposed Judgment Entry) (Ratliff, J)
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Filing 51
ORDER TO SHOW CAUSE. Plaintiff Stover is ORDERED to Show Cause by 9/28/2023 why his #50 Response to Carefactor's #47 Motion for Summary Judgment should not be Stricken from the Record. Mr. Stover has yet to respond to KEGutridge's #45 Motion. If Mr. Stover intends to respond, he is ORDERED to file a motion for leave to file out of rule, demonstrating good cause, by 9/28/2023. Signed by Judge Sarah D. Morrison on 9/21/2023. (merc)
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Filing 50
RESPONSE in Opposition re #47 MOTION for Summary Judgment on the Administrative Record (Redacted) filed by Plaintiff Richard Stover. (Ratliff, J)
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Filing 48
ORDER granting #46 Motion to File Document Under Seal. Carefactor shall file its Motion for Judgment on the Administrative Record UNDER SEAL pursuant to S.D. Ohio Civ. R. 5.2.1 WITHIN SEVEN DAYS of the date of this Order. Signed by Magistrate Judge Chelsey M. Vascura on 8/24/2023. (mas)
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Filing 47
MOTION for Summary Judgment on the Administrative Record (Redacted) by Defendant Carefactor. (Vlasek, Jeffrey)
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Filing 46
MOTION to File Document Under Seal by Defendant Carefactor. (Vlasek, Jeffrey)
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Filing 45
MOTION for Order to Affirm the Administrative Decision by Defendant KEGutridge. (Attachments: #1 Exhibit Memorandum in Support, #2 Text of Proposed Order) (Ullman, Meredith)
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Filing 43
Notice of Mediation Conference: Mediator Eric J. Wittenberg to conduct mediation in 5131 Post Road, Suite 100, Dublin, OH 43017. Mediation Hearing set for 9/28/2023 at 09:00 AM. (Wittenberg, Eric)
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Filing 42
ORDER granting #41 Defendant KEGutridge's Motion to File Document Under Seal. Defendant KEGutridge shall file the remainder of the administrative record in its possession UNDER SEAL pursuant to S.D. Ohio Civ. R. 5.2.1. Signed by Magistrate Judge Chelsey M. Vascura on 8/7/23. (sem) Modified termination date on 8/9/2023 (kk2)
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Filing 41
MOTION to File Document Under Seal by Defendant KEGutridge. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order Proposed Order) (Ullman, Meredith)
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NOTICE DESIGNATING MEDIATOR: Eric J Wittenberg assigned as mediator to this case. Within 14 days, the mediator and parties will confer to set a date, time, and location for mediation in September 2023, or within 60 days of this notice. The mediator will then file a Notice Setting Mediation. (kk2)
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Filing 40
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in September 2023. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm EST on 7/31/2023. (kk2)
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Filing 39
ANSWER to #28 Amended Complaint filed by KEGutridge. (Ullman, Meredith)
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Filing 38
ORDER granting #37 Unopposed MOTION to Vacate Case Schedule Dispositive motions due by 8/23/2023. Signed by Magistrate Judge Chelsey M. Vascura on 5/26/2023. (daf)
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Filing 37
Unopposed MOTION to Vacate Case Schedule by Defendant KEGutridge. (Attachments: #1 Text of Proposed Order) (Ullman, Meredith)
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Filing 36
WAIVER OF SERVICE Returned Executed. Waiver sent to KEGutridge on 5/5/2023, answer due 7/5/2023. (Ratliff, J)
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Filing 35
NOTICE of Appearance by Nick A Nykulak for Defendant KEGutridge (Nykulak, Nick)
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Filing 34
NOTICE of Appearance by Meredith Lee Ullman for Defendant KEGutridge (Ullman, Meredith)
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Filing 33
Summons Issued as to KEGutridge (kk2)
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Filing 32
REQUEST for Issuance of Summons. to Reissue Service of Process on KEGutridge (Ratliff, J)
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Filing 31
Defendant CareFactor's ANSWER to #28 Amended Complaint filed by Carefactor. (Caresani, Ann)
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Filing 30
NOTICE by Plaintiff Richard Stover of Service of Subpoena to Produce Documents (Attachments: #1 Exhibit Proof of Service of Subpoena) (Ratliff, J)
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Filing 28
FIRST AMENDED COMPLAINT against Carefactor and KEGutridge filed by Richard Stover. (sem)
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Filing 27
ORDER granting #25 Plaintiff's Unopposed Motion for Leave to Amend Complaint to Add KEGutridge as Defendant. Signed by Magistrate Judge Chelsey M. Vascura on 2/27/23. (sem)
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Filing 26
NOTICE by Plaintiff Richard Stover of Service of Subpoena to Produce Documents (Ratliff, J)
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Filing 25
Unopposed MOTION to Amend/Correct Complaint by Plaintiff Richard Stover. (Attachments: #1 Exhibit Plaintiff's First Amended Complaint, #2 Exhibit Proposed Order) (Ratliff, J)
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Filing 24
NOTICE: Counsel shall confer and notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with mediation in April 2023. If the case should not proceed, counsel shall indicate whether the case should be continued to another month and, if so, which one. Deadline for notifying the court is 4:00pm on 2/27/2023. (kk2)
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Filing 23
PRELIMINARY PRETRIAL ORDER: Joinder of Parties due by 2/28/2023. Motions to Amend due by 2/28/2023. Administrative Record Deadline (for ERISA cases) due by 3/1/2023. Dispositive motions due by 5/31/2023. Settlement Demand due by 3/8/2023. Response to Settlement Demand due by 3/22/2023. Mediation Deadline: 4/2023. Signed by Magistrate Judge Chelsey M. Vascura on 2/15/2023. (daf)
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Statistical Minute Entry for proceedings held before Magistrate Judge Chelsey M. Vascura: Initial Pretrial Conference held on 2/15/2023. (agm)
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Sealed Access was granted by the Court to permit counsel to file under seal pursuant to the 2/15/2023 Order (ECF No. #23 ). (daf)
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The Clerk's Office has provided sealed access to counsel to file under seal pursuant to the 2/15/2023 Order (ECF No. #23 ). (daf)
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Filing 22
RULE 26(f) REPORT by Plaintiff Richard Stover. (Ratliff, J)
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Filing 21
NOTICE of Hearing: Initial Conference set for 2/15/2023 02:30 PM via Teleconference before Magistrate Judge Chelsey M. Vascura. (agm)
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Filing 20
NOTATION ORDER granting #19 Motion to Set Scheduling Conference. By Magistrate Judge Chelsey M. Vascura on 1/25/2023. (agm)
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Filing 19
Joint MOTION to Set Scheduling Conference by Plaintiff Richard Stover. (Ratliff, J)
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Filing 18
ANSWER to #3 Amended Complaint filed by Carefactor. (Vlasek, Jeffrey)
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Filing 17
OPINION AND ORDER denying #7 Motion to Dismiss for Failure to State a Claim; denying as moot #11 Motion for Leave to File. Signed by Judge Sarah D. Morrison on 1/9/2023. (merc)
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Filing 16
ORDER granting #15 Rule 26 (f) Report. The August 24, 2022 preliminary pretrial conference is VACATED. The parties are DIRECTED to file a motion requesting a renewed scheduling conference or for entry of a case schedule within fourteen days after the Court's ruling on Defendants Motion to Dismiss. Signed by Magistrate Judge Chelsey M. Vascura on 8/19/2022. (daf)
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Filing 15
RULE 26(f) REPORT by Defendant Carefactor. (Vlasek, Jeffrey) Modified event type on 8/19/2022 (daf).
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RESPONSE in Opposition re #11 MOTION for Leave to File Amended Complaint filed by Defendant CarefactorSEE DOCKET #14 FOR DOCUMENT. This entry is being created to reflect the memorandum in opposition portion of the filing. (kk2)
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Filing 14
REPLY to Response to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys Fees filed by Defendant Carefactor. (Vlasek, Jeffrey) Modified on 8/15/2022 to correct text and document link (kk2)
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MOTION for Leave to File Amended Complaint by Plaintiff Richard StoverSEE DOCKET #11 FOR DOCUMENT. This entry is being created to add the motion portion of the filing to the docket (kk2)
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Filing 13
ORDER denying as moot and without prejudice to seeking an additional extension ECF No. #10 MOTION for Extension of Time to File Response/Reply. Signed by Magistrate Judge Chelsey M. Vascura on 7/29/2022. (daf)
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Filing 12
NOTICE of Appearance by Ann M Caresani for Defendant Carefactor (Caresani, Ann)
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Filing 11
RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys Fees filed by Plaintiff Richard Stover. (Attachments: #1 Exhibit Proposed Amended Complaint) (Ratliff, J)
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Filing 10
First MOTION for Extension of Time to File Response/Reply re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Richard Stover. New date requested 8/5/2022. (Attachments: #1 Text of Proposed Order) (Ratliff, J) Modified on 7/29/2022 to correct text, ECF filing event, and add document link (kk2)
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Filing 9
NOTICE of Appearance by Jeffrey Richard Vlasek for Defendant Carefactor (Vlasek, Jeffrey)
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Filing 8
VACATED per order ECF No #16 *** NOTICE of Hearing: Initial Conference set for 8/24/2022 02:30 PM in Teleconference before Magistrate Judge Chelsey M. Vascura. (agm) Modified text on 8/19/2022 (daf).
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Filing 7
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Request for Attorneys Fees by Defendant Carefactor. (Attachments: #1 Exhibit Declaration of Ann M. Caresani) (Valdez, Carrie)
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Filing 6
AMENDED DOCUMENT re #4 Waiver of Service Executed by Plaintiff Richard Stover. (Ratliff, Rocky) Modified on 6/1/2022 to add document link (kk2)
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Filing 5
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #4 Waiver of Service Executed filed by Richard Stover, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile all of docket #4 Waiver of Service Executed as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/1/2022. (kk2) (Additional attachment(s) added on 5/31/2022: #1 Corrected Notice) (kk2).
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Filing 4
**Filing is non-compliant with LR 5.1(c). See ECF No. #6 for corrected document** - WAIVER OF SERVICE Returned Executed. Waiver sent to Carefactor on 5/18/2022, answer due 7/18/2022. (Ratliff, J) Modified on 5/31/2022 to correct service and answer due dates (kk2)
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Filing 3
AMENDED COMPLAINT against Carefactor filed by Richard Stover. (Attachments: #1 Exhibit Amended Exhibit A, #2 Exhibit Amended Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet) (Ratliff, J)
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Filing 2
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #1 Complaint filed by Richard Stover, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #1 Complaint as a text searchable document(s), using the "Amended Document" filing event, linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/29/2022. (kk2)
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Filing 1
**Filing is non-compliant with LR 5.1(c). See ECF No. #3 for corrected documents** - COMPLAINT against Carefactor ( Filing fee $ 402 paid - receipt number: AOHSDC-8791794), filed by Richard Stover. (Attachments: #1 Exhibit A, #2 Exhibit B) (Ratliff, J) Modified text on 3/29/2022 (kk2)
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