S. et al v. Moda Health
Plaintiff: Gerald S. and V. S.
Defendant: Moda Health
Case Number: 3:2024cv00426
Filed: March 6, 2024
Court: US District Court for the District of Oregon
Presiding Judge: Youlee Yim You
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2024 Filing 14 Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (eo)
March 6, 2024 Filing 13 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Utah (Central). Our records indicate that you may not be admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. (eo)
March 6, 2024 Filing 12 Case transferred in from District of Utah; Case Number 2:23-cv-00852. Electronic file received.
March 6, 2024 Opinion or Order Filing 11 ORDER granting #4 Motion to Change Venue to USDC District of OR, Portland Division (terminating #4 Motion to Dismiss for Lack of Jurisdiction). Signed by Judge Tena Campbell on 3/6/24 (alt) [Transferred from Utah on 3/6/2024.]
March 4, 2024 Filing 10 Plaintiff's RESPONSE to Motion re #4 Defendant's MOTION to Dismiss for Lack of Jurisdiction And Improper Venue And Alternative Motion to Transfer Venue MOTION to Change Venue filed by Plaintiffs Gerald S., V. S.. (Hall, Samuel) [Transferred from Utah on 3/6/2024.]
February 28, 2024 Filing 9 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Tena Campbell and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) [Transferred from Utah on 3/6/2024.]
February 27, 2024 Filing 8 RECEIVED Consent/Reassignment Form from Plaintiffs Gerald S., V. S.. (mh) [Transferred from Utah on 3/6/2024.]
February 6, 2024 Filing 7 NOTICE OF ADR, e-mailed or mailed to Defendant Moda Health, Plaintiffs Gerald S., V. S.. (mh) [Transferred from Utah on 3/6/2024.]
February 6, 2024 Filing 6 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Defendant Moda Health, Plaintiffs Gerald S., V. S.. Form due by 2/27/2024. (mh) [Transferred from Utah on 3/6/2024.]
February 5, 2024 Filing 5 Modification of Docket re #4 Defendant's MOTION to Dismiss for Lack of Jurisdiction : Error: If a motion contains more than one request, even in the alternative, it is requested that the filer choose each available event that applies. Correction: Alternative MOTION to Change/Transfer Venue added, event type and docket text modified. No further action is needed. (alf) [Transferred from Utah on 3/6/2024.]
February 5, 2024 Filing 4 Defendant's MOTION to Dismiss for Lack of Jurisdiction And Improper Venue And Alternative Motion to Transfer Venue and Alternative MOTION to Change/Transfer Venue filed by Defendant Moda Health. (Attachments: #1 Exhibit 1. Declaration of Scott Loftin, #2 Exhibit 2. Declaration of Sean McKean) Attorney Mark A. Nickel added to party Moda Health(pty:dft)(Nickel, Mark). Added MOTION to Change Venue on 2/6/2024 (alf). [Transferred from Utah on 3/6/2024.]
December 8, 2023 Filing 3 WAIVER OF SERVICE Returned Executed filed by Gerald S., V. S. as to Moda Health Waiver sent on 12/6/2023, answer due 2/5/2024. (King, Brian) [Transferred from Utah on 3/6/2024.]
November 21, 2023 Opinion or Order Filing 2 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 11/21/2023. (haa) [Transferred from Utah on 3/6/2024.]
November 20, 2023 Magistrate Judge Jared C. Bennett added. Case number will now read 2:23-cv-00852-JCB. Please make changes to document captions accordingly. (sg) [Transferred from Utah on 3/6/2024.]
November 19, 2023 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4881066) filed by Gerald S., V. S.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from Utah on 3/6/2024.]

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Plaintiff: Gerald S.
Represented By: Brent J. Newton
Represented By: Samuel Martin Hall
Represented By: Brian Smith King
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Plaintiff: V. S.
Represented By: Brent J. Newton
Represented By: Samuel Martin Hall
Represented By: Brian Smith King
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Defendant: Moda Health
Represented By: Mark A. Nickel
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