F. v. Capital BlueCross
| F. F. |
| Capital Bluecross |
| 1:2023cv00484 |
| March 20, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Jennifer P Wilson |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.
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Filing 43
DEFENDANTS ANSWER to #2 Complaint, with Affirmative Defenses by Capital Bluecross. (Attachments: #1 Certificate of Service)(Haar, Matthew)
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Filing 42
ORDER granting #40 Motion to Set Pleading Deadline. Defendant Capital Blue Cross shall file an Answer to the Complaint on or before April 28, 2023. Signed by Honorable Jennifer P. Wilson on 4/20/2023 (ve)
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Filing 41
PROPOSED ORDER to UNOPPOSED MOTION TO SET PLEADING DEADLINE RE Docket #40 by Capital Bluecross.(Haar, Matthew) Modified on 4/19/2023 (aaa).
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Filing 40
Unopposed MOTION for Consideration //UNOPPOSED MOTION TO SET PLEADING DEADLINE, Unopposed MOTION to Reset //UNOPPOSED MOTION TO SET PLEADING DEADLINE by Capital Bluecross. (Attachments: #1 Proposed Order)(Haar, Matthew)
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Filing 39
ORDER granting #38 Motion to Withdraw as Attorney. Attorney Alexander Curtis Baker and John W. Huber terminated. Signed by Honorable Jennifer P. Wilson on 4/19/2023 (ve)
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Filing 38
Unopposed MOTION to Withdraw as Attorney //UNAPPOSED MOTION FOR LEAVE TO WITHDRAW APPEARANCE by Capital Bluecross. (Attachments: #1 Proposed Order)(Haar, Matthew)
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DOCKET ANNOTATION: Counsel is directed to file a corrected proposed order for the motion at Doc. 40. (ve)
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Filing 37
NOTICE of Appearance by Delene Lantz on behalf of Capital Bluecross (Lantz, Delene)
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Filing 36
SPECIAL ADMISSIONS FORM APPROVED as to Brian S. King, Esquire. Signed by Honorable Jennifer P. Wilson on 4/18/2023. (ve)
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DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)
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Filing 35
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Adam H Garner on behalf of F. F. Attorney Brian King is seeking special admission. Filing fee $ 50, receipt number APAMDC-6260852.. (Garner, Adam)
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Filing 34
NOTICE of Appearance by Matthew M. Haar on behalf of Capital Bluecross (Haar, Matthew)
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Filing 33
NOTICE of Appearance by Adam H Garner on behalf of F. F. (Garner, Adam)
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Filing 32
Letter to Counsel re: Case Assignment and Procedures. Signed by the Honorable Jennifer P. Wilson. (ve)
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Filing 31
Case transferred electronically in from District of Utah; Case Number 2:22-cv-00494 containing electronic documents. jw
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Filing 30
MEMORANDUM DECISION and Order denying #10 Motion to Dismiss and Granting Motion to Transfer - The court TRANSFERS this action to the United States District Court for the Middle District of Pennsylvania. Signed by Judge Robert J. Shelby on 03/20/2023. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 29
REPLY to Response to Motion re #10 MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue- filed by Defendant Capital BlueCross. (Huber, John) [Transferred from Utah on 3/20/2023.]
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Filing 28
ORDER granting #26 Motion for Extension of Time to File Response/Reply. The deadline for Defendant to file a reply to their Motion is extended from January 9, 2023 to January 18, 2023. Signed by Judge Robert J. Shelby on 01/10/2023. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 27
Modification of Docket: Error: Wrong event chosen. Correction: Corrected event to Motion for Extension of Time to File Response/Reply. re #26 MOTION. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 26
MOTION SECOND AMENDED BRIEFING SCHEDULE FOR DEFENDANT TO FILE ITS REPLY IN SUPPORT OF ITS MOTION TO DISMISS and Memorandum in Support filed by Defendant Capital BlueCross. (Attachments: #1 Text of Proposed Order Order Granting Second Amended Briefing Schedule for Defendant to File Its Reply in Support of Its Motion to Dismiss) Motions referred to Jared C. Bennett.(Huber, John) Modified by correcting event on 1/10/2023 (jl). [Transferred from Utah on 3/20/2023.]
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Filing 25
ORDER granting #23 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue. Replies due by 1/9/2023. Signed by Magistrate Judge Jared C. Bennett on 12/22/2022. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 24
Modification of Docket: Error: Incorrect event Motion for Amended Scheduling Order chosen. Correction: Corrected event to Motion for Extension of Time to File Response/Reply. re #23 MOTION. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 23
First MOTION for Amended Scheduling Order and Memorandum in Support Amended Briefing Schedule for Defendant to File Its Reply in Support of Its #10 Motion to Dismiss filed by Defendant Capital BlueCross. (Attachments: #1 Text of Proposed Order re First Amended Briefing Schedule) Motions referred to Jared C. Bennett.(Huber, John) Modified by correcting event and linking to motion on 12/22/2022 (jl). [Transferred from Utah on 3/20/2023.]
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Filing 22
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 12/05/2022. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 21
NOTICE of Appearance by Alexander Curtis Baker on behalf of Capital BlueCross (Baker, Alexander) [Transferred from Utah on 3/20/2023.]
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Filing 20
Plaintiff's MEMORANDUM in Opposition re #10 MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue- filed by Plaintiff F. F.. (Attachments: #1 Exhibit A: Affidavit of F.F.)(King, Brian) [Transferred from Utah on 3/20/2023.]
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Filing 19
MEMORANDUM in Opposition to #10 Defendant's Motion to Dismiss or, in the Alternative, Transfer Venue, filed by Plaintiff F. F. (Attachments: #1 Affidavit Affidavit of F.F.) (dla) [Transferred from Utah on 3/20/2023.]
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Filing 18
NOTICE OF WITHDRAWAL OF COUNSEL of Anikka T. Hoidal filed by Anikka Hoidal on behalf of Capital BlueCross (Hoidal, Anikka) [Transferred from Utah on 3/20/2023.]
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss or in the Alternative, Transfer Venue. Deadline for Plaintiff to file a response to Defendant's Motion to Dismiss is extended from November 11, 2022 to December 2, 2022. Deadline for Defendant to file a reply in support of their Motion to Dismiss is extended from November 25, 2022 to December 16, 2022. Signed by Judge Robert J. Shelby on 11/14/2022. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 16
Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue- filed by Plaintiff F. F.. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett.(King, Brian) [Transferred from Utah on 3/20/2023.]
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Filing 15
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 11/7/2022. (mjm) [Transferred from Utah on 3/20/2023.]
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Filing 14
ORDER granting #13 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss. Responses due by 11/11/2022. Replies due by 11/25/2022. Signed by Judge Robert J. Shelby on 10/25/2022. (jl) [Transferred from Utah on 3/20/2023.]
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Filing 13
Stipulated MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue- filed by Plaintiff F. F.. (Attachments: #1 Text of Proposed Order)(King, Brian) [Transferred from Utah on 3/20/2023.]
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Filing 12
The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is ineligible for magistrate assignment. Case randomly assigned to Judge Robert J. Shelby. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) [Transferred from Utah on 3/20/2023.]
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Filing 11
RECEIVED Consent/Reassignment Form from Defendant Capital BlueCross. (alf) [Transferred from Utah on 3/20/2023.]
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Filing 10
MOTION to Dismiss and Memorandum in Support or in the Alternative, Transfer Venue- filed by Defendant Capital BlueCross. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit A - Part 3, #4 Exhibit A - Part 4, #5 Exhibit A - Part 5)(Huber, John) [Transferred from Utah on 3/20/2023.]
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Filing 9
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Capital BlueCross. (Hoidal, Anikka) [Transferred from Utah on 3/20/2023.]
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Filing 8
NOTICE of Appearance by Anikka Hoidal on behalf of Capital BlueCross (Hoidal, Anikka) [Transferred from Utah on 3/20/2023.]
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Filing 7
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 on this link 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 file the Consent Form in the case.Notice e-mailed or mailed to Defendant Capital BlueCross, Plaintiff F. F.. Form due by 10/13/2022. (alf) [Transferred from Utah on 3/20/2023.]
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Filing 6
NOTICE OF ADR, e-mailed or mailed to Defendant Capital BlueCross, Plaintiff F. F.. (alf) [Transferred from Utah on 3/20/2023.]
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Filing 5
NOTICE of Appearance by John W. Huber on behalf of Capital BlueCross (Huber, John) [Transferred from Utah on 3/20/2023.]
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Filing 4
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Michael Wolfe, for Defendant Capital BlueCross (alf) [Transferred from Utah on 3/20/2023.]
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Filing 3
WAIVER OF SERVICE Returned Executed filed by F. F. as to Capital BlueCross Waiver sent on 8/1/2022, answer due 9/30/2022. (King, Brian) [Transferred from Utah on 3/20/2023.]
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Filing 2
COMPLAINT against Capital BlueCross (Filing fee $ 402, receipt number AUTDC-4404338) filed by F. F.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Dustin B. Pead (King, Brian) [Transferred from Utah on 3/20/2023.]
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Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff F. F. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) [Transferred from Utah on 3/20/2023.]
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