BANKS et al v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY et al
| JANINE BANKS, SPINE SURGERY ASSOCIATES and AMBULATORY SURGICAL CENTER OF SOMERSET |
| Allstate Fire and Casualty Insurance Company and Allstate Insurance Company |
| 3:2019cv01617 |
| September 19, 2019 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Robert D Mariani |
| Jennifer P Wilson |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 26, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
VERBAL ORDER by Chief Judge Christopher C. Conner - Case Reassigned to Honorable Jennifer P. Wilson. Honorable Robert D. Mariani no longer assigned to the case. (jw)
|
| Filing 64 SPECIAL ADMISSIONS FORM APPROVED as to Anupama Prasad, Esq.Signed by Honorable Robert D. Mariani on 11/13/19. (jam) |
| Filing 63 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by ANUPAMA PRASAD on behalf of Allstate Fire and Casualty Insurance Company, Allstate Insurance Company Attorney Anupama Prasad is seeking special admission. Filing fee $ 50, receipt number 0314-4925377.. (PRASAD, ANUPAMA) |
| Filing 62 SPECIAL ADMISSIONS FORM APPROVED as to Melissa F. Brill, Esq.Signed by Honorable Robert D. Mariani on 10/28/19. (jam) |
| Filing 60 CASE MANAGEMENT ORDER - STANDARD CASE MANAGEMENT TRACK. ORDERED THAT: Motions to join additional parties shall be filed by 11/6/19. Motions to amend pleadings shall be filed by 1/31/20. Fact discovery completed by 2/29/20. Dispositive motions filed by 7/31/20. See Order for additional details and deadlines. Signed by Honorable Robert D. Mariani on 10/28/19. (jam) |
| Filing 59 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by MELISSA F BRILL on behalf of Allstate Fire and Casualty Insurance Company, Allstate Insurance Company Attorney Melissa Brill is seeking special admission. Filing fee $ 50, receipt number 0314-4908874.. (BRILL, MELISSA) |
| Filing 58 CASE MANAGEMENT PLAN (Joint Submission) by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company. (Cortland, Andrea) |
| Filing 57 NOTICE of Appearance by Robert L. Pratter on behalf of All Plaintiffs (Pratter, Robert) |
| Filing 56 NOTICE of Appearance by Michael Coren on behalf of JANINE BANKS, SPINE SURGERY ASSOCIATES (Coren, Michael) |
|
Filing 55
SCHEDULING ORDER: Case Management Conference VIA TELEPHONE set for 10/28/2019 10:45 AM before Honorable Robert D. Mariani. The placement of the telephone call is Plaintiffs' reponsibility. All parties should be ready to proceed before Chambers is contacted. The completed Joint Case management Plan must be filed at least 5 days prior to the Case Management Conference. See Order for full details. Signed by Honorable Robert D. Mariani on 10/11/19. (jam)
|
| Filing 54 Letter from Charles Kannebecker, Esq. and Andrea Cortland, Esq. re Joint Case Management Letter. (Kannebecker, Charles) |
| Filing 53 NOTICE of Appearance by Andrea Cortland on behalf of Allstate Fire and Casualty Insurance Company, Allstate Insurance Company (Cortland, Andrea) |
|
Filing 52
ORDER: IT IS HEREBY ORDERED THAT the parties shall submit a joint letter to the Court by 10/7/19 listing all agreed upon new case management deadlines as well as any deadlines upon which the parties have failed to agree. The parties are instructed to refer to Appendix A of the Middle District of Pennsylvania Local Rules, and specifically 6.0 therein, for a complete list of all deadlines which must be set forth in the parties' joint letter to the Court. See Order for full details. Signed by Honorable Robert D. Mariani on 9/23/19. (jam)
|
| Filing 51 LETTER ORDER Re: Case Assignment and Procedures. Signed by Honorable Robert D. Mariani on 9/23/19. (jam) |
| Filing 50 REPLY BRIEF re #47 MOTION to Dismiss Pltf's Second Amended Complaint filed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company.(Originally filed in the District of New Jersey as ECF Doc #41) (jw) |
| Filing 49 BRIEF IN OPPOSITION re #47 MOTION to Dismiss Pltf's Second Amended Complaint filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES. (Attachments: #1 Certificate of Service)(Originally filed in the District of New Jersey as ECF Doc #40) (jw) |
| Filing 48 BRIEF IN SUPPORT re #47 MOTION to Dismiss Pltf's Second Amended Complaint filed by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company. (Attachments: #1 Exhibit 1 Second Amended Complaint, #2 Exhibit 2 Allstate Policy, #3 Exhibit 3 Explanation of Medical Bills, #4 Certificate of Service)(Originally filed in the District of New Jersey as ECF Doc #32) (jw) |
| Filing 47 MOTION to Dismiss Pltf's Second Amended Complaint by Allstate Fire and Casualty Insurance Company, Allstate Insurance Company. (Attachments: #1 Proposed Order, #2 Declaration of Melissa F. Brill, Esq.)(Originally filed in the District of New Jersey as ECF Doc #32) (jw) |
| Filing 46 Case transferred electronically in from District of New Jersey; Case Number 2:18-cv-17117. containing electronic documents. kpf |
|
Filing 45
ORDER granting in part and denying in part #32 Motion to Dismiss the 2nd Amended Complaint; that Defendants' motion is granted insofar as it seeks a transfer of venue and reserved for decision by the transferee court insofar as it seeks dismissal of the action; that, pursuant to 28 U.S.C. 1404(a), this action is hereby transferred to the United States District Court for the Middle District of Pennsylvania.. Signed by Judge Stanley R. Chesler on 9/18/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 44 OPINION. Signed by Judge Stanley R. Chesler on 9/18/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 43
TEXT ORDER: The Court will grant counsels request to extend the response deadline for rogs/docs to 10/30/19. So Ordered by Magistrate Judge Cathy L. Waldor on 9/10/19. (tjg, ) [Transferred from New Jersey on 9/19/2019.]
|
|
Filing 42
TEXT ORDER: The Court will hold a telephone conference, to be initiated by plaintiff, on 12/5/19 at 11:30am. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 9/9/19. (tjg, ) [Transferred from New Jersey on 9/19/2019.]
|
| Minute Entry for proceedings held before Magistrate Judge Cathy L. Waldor: Telephone Conference held on 9/9/2019. (tjg, ) [Transferred from New Jersey on 9/19/2019.] |
| Filing 41 REPLY BRIEF to Opposition to Motion filed by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY re #32 MOTION to Dismiss the 2nd Amended Complaint (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 40 BRIEF in Opposition filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #32 MOTION to Dismiss the 2nd Amended Complaint (Attachments: #1 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 39 REPLY BRIEF to Opposition to Motion filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #34 MOTION to Determine the innapplicability of the New Jersey Fee Schedule , #37 Cross MOTION to Strike #34 MOTION to Determine the innapplicability of the New Jersey Fee Schedule (Attachments: #1 Declaration of Janine Banks, #2 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 38 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #32 MOTION to Dismiss the 2nd Amended Complaint . (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 37 Cross MOTION to Strike #34 MOTION to Determine the innapplicability of the New Jersey Fee Schedule by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. Responses due by 7/29/2019 (Attachments: #1 Brief in Support of Allstates Cross-Motion to Strike and in Opposition to Plaintiffs Motion to Determine the Inapplicability of the New Jersey Fee Schedules, #2 Text of Proposed Order, #3 Certificate of Service)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 36
TEXT ORDER: Amended Schedule: Rule 26: 8/16/19; Service of rogs/docs: 8/30/19; Response: 9/30/19. The Court will hold a telephone conference, to be initiated by plaintiff, on 9/9/19 at 2pm. Parties may contact chambers at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 7/22/19. (tjg, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 35 Exhibit to #34 Motion for Miscellaneous Relief Brief in Support, Declaration with Exhibits,Notice of motion signature page and certificate of service by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 34 MOTION to Determine the innapplicability of the New Jersey Fee Schedule by JANINE BANKS, SPINE SURGERY ASSOCIATES. (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 33
TEXT ORDER: The teleconference set for 7/18/19 will go forward as scheduled.. So Ordered by Magistrate Judge Cathy L. Waldor on 7/11/19. (tjg, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 32 MOTION to Dismiss the 2nd Amended Complaint by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. Responses due by 7/22/2019 (Attachments: #1 Brief ISO Motion to Dismiss 2nd Amended Complaint, #2 Declaration of Melissa Brill ISO Motion to Dismiss 2nd Amended Complaint, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Text of Proposed Order, #7 Certificate of Service)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Clerk`s Text Order - The document #31 Application for Clerk's Order to Ext Answer/Proposed Order submitted by ALLSTATE INSURANCE COMPANY, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY has been GRANTED. The answer due date has been set for 6/27/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.] |
| Filing 31 Application and Proposed Order for Clerk's Order to extend time to answer as to ALLSTATE INSURANCE COMPANY, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY.. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 30 AMENDED COMPLAINT Second against ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, filed by JANINE BANKS, AMBULATORY SURGICAL CENTER OF SOMERSET, SPINE SURGERY ASSOCIATES.(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 29
ORDER STAYING DISCOVERY; that discovery in this case is stayed pending the filing of a Second Amended Complaint by Plaintiffs; that the Pretrial Scheduling Order (ECF Dkt. No. 22) is hereby vacated, Upon Plaintiffs' filing of a Second Amended Complaint, a further conference will be scheduled during which a new discovery schedule will be ordered.. Signed by Magistrate Judge Cathy L. Waldor on 5/16/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 28 Letter from Melissa Brill, Esq. seeking stay of discovery re #22 Scheduling Order,. (Attachments: #1 Text of Proposed Order Proposed Order)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 27
ORDER granting #15 Motion to Dismiss Plaintiff's Amended Complaint; denying #17 Motion Determine Inapplicability of Fee Schedules as MOOT; that Plaintiffs' are granted leave to replead the FAC within 30 days of thedate of entry of this Order. Signed by Judge Stanley R. Chesler on 5/14/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 26 REPLY BRIEF to Opposition to Motion filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #17 MOTION Determine Inapplicability of Fee Schedules (Attachments: #1 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 25 REPLY to Response to Motion filed by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY re #15 MOTION to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Affidavit Declaration of Melissa Brill in Support of Defendants Reply Brief, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 24
STIPULATION AND ORDER for Extension of Time; that Defendants shall submit any Reply in connection with their Motion to Dismiss Plaintiffs' Amended Complaint (ECF Dkt. No. 15) on or before May 6, 2019. Plaintiffs shall submit any Reply in connection with their Motion to Determine Inapplicability of Fee Schedules (ECF Dkt. No. 17) on or before May 6, 2019. Signed by Judge Stanley R. Chesler on 4/25/2019. (ld, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 23 STIPULATION for Extension of Time by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 22
[VACATED] PRETRIAL SCHEDULING ORDER: Telephone Conference set for 7/18/2019 03:00 PM before Magistrate Judge Cathy L. Waldor. Amended Pleadings due by 7/15/2019. Joinder of Parties due by 7/15/2019. Motions for Class Certification due by 1/20/2020 ;etc. Signed by Magistrate Judge Cathy L. Waldor on 4/24/2019. (ld, ). [Transferred from New Jersey on 9/19/2019.]
|
| Filing 21 RESPONSE in Opposition filed by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY re #17 MOTION Determine Inapplicability of Fee Schedules (Attachments: #1 Brief in Support of Cross-Motion and in Opposition to Plaintiff's Motion, #2 Text of Proposed Order, #3 Certificate of Service)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 20 BRIEF in Opposition filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #15 MOTION to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Kannebecker Declaration, #2 Banks Declaration, #3 Banks Declaration, Ex 1, #4 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 19 NOTICE of Appearance by ANUPAMA PRASAD on behalf of ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY (PRASAD, ANUPAMA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 18 BRIEF in Support filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #17 MOTION Determine Inapplicability of Fee Schedules (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 17 MOTION Determine Inapplicability of Fee Schedules by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES. (Attachments: #1 Declaration of Janine Banks, #2 Certificate of Service)(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 16 NOTICE of Appearance by LAURA BEA DOWGIN on behalf of ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY (DOWGIN, LAURA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 15 MOTION to Dismiss Plaintiff's Amended Complaint by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. Responses due by 4/22/2019 (Attachments: #1 Brief, #2 Declaration of Melissa Brill, Esq., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Text of Proposed Order, #10 Certificate of Service)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 14 Letter from Charles Kannebecker, Esq. (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 13 Letter from Melissa Brill, Esq. re #12 Letter. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 12 Letter from Charles Kannebecker, Esq.. (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 11 Letter. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 10 BRIEF in Opposition filed by AMBULATORY SURGICAL CENTER OF SOMERSET, JANINE BANKS, SPINE SURGERY ASSOCIATES re #6 MOTION to Dismiss Plaintiff's Complaint (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 9 AMENDED COMPLAINT against ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY, filed by JANINE BANKS, AMBULATORY SURGICAL CENTER OF SOMERSET, SPINE SURGERY ASSOCIATES.(KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
| Filing 8 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #6 MOTION to Dismiss Plaintiff's Complaint . (KANNEBECKER, CHARLES) [Transferred from New Jersey on 9/19/2019.] |
|
Filing 7
TEXT ORDER: The Court will hold an initial conference (rule 16) before U.S.M.J. C. Waldor in courtroom 4C on 4/24/19 at 10:30am. Local counsel must be present. Parties are to submit a completed Pretrial Scheduling Order found in the Notice of Judicial Preferences link to chambers via email at CLW_Orders@njd.uscourts.gov no later than 3 days before the scheduled conference. Please contact chambers with any questions or concerns at (973) 776 7862. So Ordered by Magistrate Judge Cathy L. Waldor on 3/13/19. (tjg, ) [Transferred from New Jersey on 9/19/2019.]
|
| Filing 6 MOTION to Dismiss Plaintiff's Complaint by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. Responses due by 3/18/2019 (Attachments: #1 Brief, #2 Declaration of Melissa Brill, Esq., #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Index 4, #7 Exhibit 5, #8 Exhibit 6, #9 Text of Proposed Order, #10 Certificate of Service)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 5 STIPULATION re #1 Notice of Removal, Defendants shall answer or otherwise plead in response to Plaintiffs' Complaint by 1/31/19 or 30 days after the Court's determination of Plaintiffs' anticipated Motion of Remand, whichever is later. Plaintiffs shall have 14 days to file opposition to any motion Defendants file in response to Plaintiffs' Complaint. Defendants shall have 10 days to file a Reply. If Plaintiffs seek leave to file a Sur-Reply, Defendants will not object. If leave is granted, Defendants agree to a deadline of 10 days to file the Sur-Reply. by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, ALLSTATE INSURANCE COMPANY. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Clerk`s Text Order - The document submitted by ALLSTATE INSURANCE COMPANY, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY has been GRANTED. The answer due date has been set for 1/2/2019. (sm) [Transferred from New Jersey on 9/19/2019.] |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 3 Corporate Disclosure Statement by ALLSTATE INSURANCE COMPANY identifying Allstate Insurance Holdings, LLC, subsidiary of The Allstate Corporation as Corporate Parent.. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 2 Corporate Disclosure Statement by ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY identifying Allstate Insurance Holdings, LLC, subsidiary of The Allstate Corporation as Corporate Parent.. (BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
| Filing 1 NOTICE OF REMOVAL by ALLSTATE INSURANCE COMPANY, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY from Superior Court of New Jersey, Sussex County, case number SSX-L-000521-18. ( Filing and Admin fee $ 400 receipt number 0312-9235832), filed by ALLSTATE INSURANCE COMPANY, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY. (Attachments: #1 Exhibit 1, Complaint, #2 Exhibit 2, Declaration, #3 Civil Cover Sheet)(BRILL, MELISSA) [Transferred from New Jersey on 9/19/2019.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
