C. v. Comcast Corporation Comprehensive Health and Welfare Benefits Plan et al
| Douglas C. |
| Comcast Corporation Comprehensive Health and Welfare Benefits Plan, ComPsych Employee Assistance Programs, Inc. and COMCAST CORPORATION |
| 2:2023cv03919 |
| October 10, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| MICHAEL M BAYLSON |
| 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 November 21, 2023. A more recent docket listing may be available from PACER.
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Filing 30
ORDER THAT A SETTLEMENT CONFERENCE SET FOR 1/22/2024 10:00 AM IN Video Conference BEFORE MAGISTRATE JUDGE JOSE R. ARTEAGA. SIGNED BY MAGISTRATE JUDGE JOSE R. ARTEAGA ON 11/20/2023. 11/21/2023 ENTERED AND COPIES E-MAILED.(sg)
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| PAPER #26, #27 MAILED TO COUNSEL (JL) Modified on 11/16/2023 (lisad, ). |
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Filing 29
ORDER THAT THE MOTION FOR PRO HAC VICE OF SEAN P. NALTY IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/14/2023.11/15/2023 ENTERED AND COPIES E-MAILED. NOT MAILED TO COUNSEL WITHOUT EMAIL ADDRESS.(sg)
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| Filing 28 MOTION for Pro Hac Vice Sean P. Nalty ( Filing fee $ 75 receipt number APAEDC-17070919.) filed by COMCAST CORPORATION, ComPsych Employee Assistance Programs, Inc., Comcast Corporation Comprehensive Health and Welfare Benefits Plan.Certificate of Service.(PERRYMAN, ROBERT) |
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Filing 27
ORDER THAT THE MOTION FOR PRO HAC VICE OF DAVID LILIENSTEIN FOR PLAINTIFF IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/31/2023.11/14/2023 ENTERED AND COPIES E-MAILED. NOT MAILED TO COUNSEL WITHOUT EMAIL ADDRESS.(sg)
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Filing 26
ORDER THAT THE MOTION FOR PRO HAC VICE FOR KATIE SPIELMAN FOR PLAINTIFF IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/8/2023.11/14/2023 ENTERED AND COPIES E-MAILED. NOT MAILED TO COUNSEL WITHOUT EMAIL ADDRESS.(sg)
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| Filing 25 MOTION for Pro Hac Vice Katie Spielman ( Filing fee $ 75 receipt number APAEDC-17068387.) filed by Douglas C..Certificate of Counsel and Certificate of Service.(GARNER, ADAM) |
| Filing 24 MOTION for Pro Hac Vice David Lilienstein ( Filing fee $ 75 receipt number APAEDC-17068384.) filed by Douglas C..Certificate of Counsel and Certificate of Service.(GARNER, ADAM) |
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Filing 23
SCHEDULING ORDER: ORDERED.1. Defense counsel shall produce the administrative record within fourteen (14) days.2. Each party shall serve an initial Rule 34 within fourteen (14) days, and any interrogatories within fourteen (14) days. Objections are due within seven (7) days.3. Production of requested documents, to which no objection has been made, shall take place by November 30, 2023.4. Depositions may begin as of December 4, 2023.5. The parties shall file either a joint or separate status report on discovery to date, and proposals for dispositive motions and expert reports, by December 13, 2023, to be followed by a recorded telephone conference on December 14, 2023 at 2:00 p.m. (Eastern). Plaintiffs counsel shall initiate this conference call and when all counsel are on the line, join Chambers by dialing 267-299-7520. 6. This case is REFERRED to U.S. Magistrate Judge Jose Raul Arteaga for settlement purposes. Judge Arteagas Chambers will contact counsel as to whether settlement discussions have taken place and to schedule a settlement conference.The parties shall follow Judge Baylsons pretrial and trial procedures. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/1/2023. 11/1/2023 ENTERED AND COPIES E-MAILED.(sg) Modified on 11/2/2023 (lisad, ).
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| Filing 22 Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON Pretrial Conference held on 11/1/2023. (sg) |
| Filing 21 ANSWER to #1 Complaint, by COMCAST CORPORATION, ComPsych Employee Assistance Programs, Inc., Comcast Corporation Comprehensive Health and Welfare Benefits Plan.(PERRYMAN, ROBERT) |
| Filing 20 NOTICE of Appearance by ADAM HARRISON GARNER on behalf of Douglas C. (GARNER, ADAM) |
| Filing 19 NOTICE of Hearing:PRELIMINARY PRETRIAL TELEPHONE CONFERENCE SET FOR 10/31/2023 03:00 PM BEFORE HONORABLE MICHAEL M. BAYLSON. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THIS TELECONFERENCE AND ONCE ALL COUNSEL ARE ON THE LINE, CALL CHAMBERS AT 267-299-7520. (Attachments: #1 Supplement, #2 Supplement)(lds) |
| Filing 18 Case transferred in from District of California Northern; Case Number 3:23-cv-03817. Original file certified copy of transfer order and docket sheet received. |
| Transferring case electronically to the Eastern District of Pennsylvania. (gba, COURT STAFF) (Filed on 10/5/2023) [Transferred from California Northern on 10/10/2023.] |
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Filing 17
ORDER by Judge Edward M. Chen granting #11 Defendants' Motion to Transfer Venue. In light of the forum selection clause and Plaintiff's statement of non opposition, the motion to transfer is granted. The Clerk of the Court shall transfer this case to the Eastern District of Pennsylvania. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 10/5/2023) [Transferred from California Northern on 10/10/2023.]
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| Filing 16 Statement of Non-Opposition re #11 MOTION to Change Venue filed byDouglas C.. (Related document(s) #11 ) (Lilienstein, David) (Filed on 10/4/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 15 CLERK'S NOTICE RESCHEDULING MOTION HEARING. Motion Hearing as to #11 MOTION to Change Venue reset from 10/26/2023 to 11/2/2023, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M Chen. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emc ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG INTO ZOOM NO LATER THAN 1:20 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(vla, COURT STAFF) (Filed on 9/25/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 14 CLERK'S NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE. You are notified that the Court has scheduled an Initial Case Management Conference before Judge Edward M. Chen upon reassignment. For a copy of Judge Chen's Standing Orders and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 1/9/2024. Initial Case Management Conference set for 1/16/2024, at 1:30 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRD TO LOG INTO ZOOM NO LATER THAN 1:20 PM.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 9/22/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 13 Declaration of Sean P. Nalty in Support of #11 MOTION to Change Venue filed byComPsych Employee Assistance Programs, Inc., Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #11 ) (Nalty, Sean) (Filed on 9/20/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 12 Declaration of Megan Humm in Support of #11 MOTION to Change Venue filed byComPsych Employee Assistance Programs, Inc., Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan. (Attachments: #1 Exhibit A)(Related document(s) #11 ) (Nalty, Sean) (Filed on 9/20/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 11 MOTION to Change Venue filed by ComPsych Employee Assistance Programs, Inc., Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan. Motion Hearing set for 10/26/2023 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Responses due by 10/4/2023. Replies due by 10/11/2023. (Attachments: #1 Proposed Order Granting Defendants' Motion to Transfer Venue)(Nalty, Sean) (Filed on 9/20/2023) [Transferred from California Northern on 10/10/2023.] |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Edward M Chen for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 9/20/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 9/20/2023) [Transferred from California Northern on 10/10/2023.]
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 9/20/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ComPsych Employee Assistance Programs, Inc., Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan.. (Nalty, Sean) (Filed on 9/19/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Douglas C... (Lilienstein, David) (Filed on 8/16/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 6 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 8/30/2023. (wft, COURT STAFF) (Filed on 8/16/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 5 Summons Issued as to ComPsych Employee Assistance Programs, Inc., Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan. (gba, COURT STAFF) (Filed on 8/1/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/24/2023. Initial Case Management Conference set for 10/31/2023 01:30 PM in Oakland, - To be determined. (gba, COURT STAFF) (Filed on 8/1/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/14/2023. (ark, COURT STAFF) (Filed on 7/31/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 2 Proposed Summons. (Spielman, Katie) (Filed on 7/31/2023) [Transferred from California Northern on 10/10/2023.] |
| Filing 1 COMPLAINT for Breach of the Employee Retirement Income Security Act of 1974 (ERISA) against ComPsych Employee Assistance Programs, Inc, Comcast Corporation, Comcast Corporation Comprehensive Health and Welfare Benefits Plan (Filing fee $ 402, receipt number ACANDC-18499240.). Filed by Douglas C. (Attachments: #1 Civil Cover Sheet) (Lilienstein, David) (Filed on 7/31/2023) Modified on 8/1/2023 (gba, COURT STAFF). [Transferred from California Northern on 10/10/2023.] |
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