McWilliams v. Geisinger Health Plan et al
| Kaylee McWilliams and Lori Freitas |
| Socrates, Inc. and Geisinger Health Plan |
| 4:2020cv01236 |
| July 17, 2020 |
| US District Court for the Middle District of Pennsylvania |
| Matthew W Brann |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 79
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiffs' #64 Amended Motion to Strike is DENIED. Defendants' #54 Motion to Dismiss which the Court converted into a motion for summary judgment is GRANTED. Upon resolution of the remaining claim in the case the Clerk of Court is directed to enter final judgment in favor of Defendants and against Plaintiff Lori Freitas on Counts I through VI and against Plaintiff Kaylee McWilliams on Counts VIII through XII. Plaintiff Lori Freitas is DISMISSED from this matter. Plaintiffs' #36 Motion to Compel Discovery is DENIED. A status conference will be scheduled by separate Order. Signed by Chief Judge Matthew W. Brann on 11/16/2022. (jr)
|
|
Filing 78
MEMORANDUM (Order to follow as separate docket entry) re: #36 MOTION to Compel Discovery filed by Kaylee McWilliams, Lori Freitas, #64 Amended MOTION to Strike Motion to Strike filed by Lori Freitas, and #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Socrates, Inc., Geisinger Health Plan. Signed by Chief Judge Matthew W. Brann on 11/16/2022. (jr)
|
|
Filing 77
ORDER - Any additional evidence the parties wish the Court to consider must be submitted to the Court within ten (10) days of this Order. Following additional submissions, the Court intends to address Defendants' #54 Motion to Dismiss in Part or in the Alternative, for Summary Judgment, Plaintiffs' #36 Motion to Compel Defendants' Responses to Plaintiffs' Requests for Production of Documents, and Plaintiffs' #56 Motion to Strike Defendants' Motion to Dismiss together. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 10/26/2022. (jr)
|
| Filing 76 SUR REPLY to REPLY to Response to Motion re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Compliance, #6 Certificate of Service)(Kannebecker, Charles) |
|
Filing 75
ORDER granting #74 Motion for Leave to File. Plaintiffs sur-reply brief in further opposition to Defendants' Motion to Dismiss in part the Second Amended Complaint, or in alternative, Motion for Summary Judgment (Doc #54), shall be filed of record within three days of the date of this Order. Signed by Chief Judge Matthew W. Brann on 10/3/2022. (jr)
|
| Filing 74 Unopposed MOTION for Leave to File Sur-Reply Brief in Further Opposition to Defendants' Motion to Dismiss by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order, #2 Certificate of Concurrence, #3 Proposed Sur-Reply)(Kannebecker, Charles) |
| Filing 73 SUR REPLY to REPLY to Response to Motion re #64 Amended MOTION to Strike Motion to Strike filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
|
Filing 72
ORDER - IT IS HEREBY ORDERED that #71 Motion for Leave to File is granted. Defendants shall file the Sur-Reply Brief attached as Exhibit A to the motion via ECF as a separate docket entry. Signed by Chief Judge Matthew W. Brann on 09/28/2022 (ea)
|
| Filing 71 MOTION for Leave to File Sur-Reply Brief in Opposition to Plaintiffs' Amended Motion to Strike by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Exhibit(s) A - Proposed Sur-Reply Brief, #2 Exhibit(s) Exhibit 1 to Proposed Sur-Reply Brief, #3 Proposed Order, #4 Certificate of Service)(Kresge, Raymond) |
| Filing 70 REPLY BRIEF re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or in the Alternative, Motion for Summary Judgment filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service, #2 Exhibit(s))(Kresge, Raymond) |
|
Filing 69
ORDER IT IS HEREBY ORDERED that #67 Unopposed MOTION for Extension of Time to File Reply Brief in Support of their Motion to Dismiss or in the Alternative Motion for Summary Judgment is granted ; Defendants Reply Brief in Support of their Motion to Dismiss, or in the Alternative, Motion for Summary Judgment is to be filed on or before September 16, 2022. Reply Brief due by 9/16/2022. Signed by Chief Judge Matthew W. Brann on 9/9/2022. (nr)
|
| Filing 68 REPLY BRIEF re #64 Amended MOTION to Strike Motion to Strike filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Kannebecker, Charles) |
| Filing 67 Unopposed MOTION for Extension of Time to Extend Time to File Reply Brief in Support of their Motion to Dismiss or in the Alternative Motion for Summary Judgment by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Concurrence, #2 Certificate of Service, #3 Proposed Order)(Kresge, Raymond) |
| Filing 66 BRIEF IN OPPOSITION re #64 Amended MOTION to Strike Motion to Strike Defendants' Motion to Dismiss filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
| Filing 65 BRIEF IN OPPOSITION re #56 MOTION to Strike #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
| Filing 64 Amended MOTION to Strike Motion to Strike by Lori Freitas. (Attachments: #1 Certificate of Service)(Kannebecker, Charles) |
| Filing 62 BRIEF IN OPPOSITION re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Brief and Opposition Motion to Dismiss filed by Lori Freitas. (Attachments: #1 Certificate of Service)(Kannebecker, Charles) |
| DOCKET ANNOTATION: Attorney Kannebecker is directed to refile the amended motion to strike using the proper Civil Event: Motions and Related Filings > Motion > to strike; thereafter, doc 63 (incorrectly e-filed as a motion to amend) will be deleted. (lg) |
|
Filing 61
ORDER granting #60 Motion to Extend Time. Defendants' Response in Opposition to Plaintiffs' Motion to Strike Defendants' Motion to Dismiss, or in alternative, Motion for Summary Judgment is due on or before 8/11/2022. Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss, or in alternative, Motion for Summary Judgment is due on or before 8/11/2022. Defendants' Reply Brief in support of their Motion to Dismiss, or in alternative, Motion for Summary Judgment is due on or before 9/12/2022. Signed by Chief Judge Matthew W. Brann on 7/27/2022. (jr)
|
| Filing 60 Joint MOTION for Extension of Time to to Submit Briefing Related to Defendants' Motion to Dismiss(ECF 54 and ECF 56) by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kannebecker, Charles) |
|
Filing 59
ORDER granting #55 Motion for Leave to File Excess Pages. (See Order for complete details.) Signed by Chief Judge Matthew W. Brann on 7/20/2022. (lg)
|
| Filing 58 BRIEF IN SUPPORT of Motion to Dismiss in Part Second Amended Complaint or in the Alternative, Motion for Summary Judgment w/ Certificate of Service re #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H)(Kresge, Raymond) |
| Filing 57 BRIEF IN SUPPORT re #56 MOTION to Strike #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order)(Kannebecker, Charles) |
| Filing 56 MOTION to Strike #54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Kannebecker, Charles) |
| Filing 55 MOTION to Exceed Page Limitation for Brief in Support of Motion to Dismiss Second Amended Complaint by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Proposed Order)(Kresge, Raymond) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
| Filing 53 NOTICE Defendants' Consent to Plaintiffs' Filing of Second Amended Complaint , filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
| Filing 52 SUR REPLY to REPLY to Response to Motion re #36 MOTION to Compel Discovery filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service)(Kresge, Raymond) |
|
Filing 51
ORDER granting #48 Motion for Leave to File a Sur-Reply brief. Defendants' shall file the Sur-Reply Brief attached as Exhibit A to the Motion via ECF as a separate docket entry. Signed by Chief Judge Matthew W. Brann on 6/3/2022. (jr)
|
| Filing 50 AMENDED COMPLAINT against Geisinger Health Plan, Socrates, Inc., filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kannebecker, Charles) |
| Filing 49 BRIEF IN OPPOSITION re #48 MOTION for Leave to File Sur-Reply Brief in Opposition to Plaintiffs' Motion to Compel Documents filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Certificate of Service)(Kannebecker, Charles) |
| Filing 48 MOTION for Leave to File Sur-Reply Brief in Opposition to Plaintiffs' Motion to Compel Documents by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit(s))(Kresge, Raymond) |
| Filing 47 Letter from Charles Kannebecker withdrawing Section II(B) of Plaintiffs' Reply Brief. (Attachments: #1 Exhibit A)(Kannebecker, Charles) |
|
Filing 46
ORDER - IT IS HEREBY ORDERED that all dates set forth in the Case Management Order are deferred to a date to be determined after the Court decides Plaintiffs' motion to compel. (See Order for complete details.) Signed by Chief Judge Matthew W. Brann on 5/18/2022. (lg)
|
| Filing 45 REVISED Joint MOTION to Amend/Correct #35 Order,, Set Deadlines/Hearings, Case Management Order by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kresge, Raymond) Modified on 5/18/2022 (to mark as revised) (lg). |
| Filing 44 Joint MOTION to Amend/Correct #35 Order,, Set Deadlines/Hearings, (Case Management Order) by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kannebecker, Charles) |
| Filing 43 REPLY BRIEF re #36 MOTION to Compel Discovery filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Kannebecker, Charles) |
|
Filing 42
ORDER granting #41 Motion to Extend Time. Plaintiffs' Reply Brief is to be filed on or before 5/6/2022. The page limit for Plaintiffs' Reply Brief is extended to25 pages. Signed by Chief Judge Matthew W. Brann on 4/26/2022. (jr)
|
| Filing 41 Unopposed MOTION for Extension of Time to File a Reply Brief in Further Support of Plaintiffs Motion to Compel and to Extend the Page Limit by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order)(Kannebecker, Charles) |
| Filing 40 BRIEF IN OPPOSITION re #36 MOTION to Compel Discovery filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Kresge, Raymond) |
|
Filing 39
ORDER - IT IS HEREBY ORDERED that #38 Motion for Extension of Time to File Response/Reply re #36 MOTION to Compel Discovery is granted. Brief in Opposition due by 4/14/2022. Page limit for dfts response is extended to 25 pages. Signed by Chief Judge Matthew W. Brann on 4/5/2022 (nr)
|
| Filing 38 Unopposed MOTION for Extension of Time to File Brief to #36 MOTION to Compel Discovery And To Extend the Page Limit for a Response filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Local Rule 7.1 Certification, #2 Certificate of Service, #3 Proposed Order)(Kresge, Raymond) |
| Filing 37 BRIEF IN SUPPORT re #36 MOTION to Compel Discovery filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A - Plaintiffs' Document Requests, #2 Exhibit B - Defendants' Responses, #3 Exhibit C - Freitas Policy, #4 Exhibit D - McWilliams Policy, #5 Certificate of Compliance, #6 Certificate of Service)(Kannebecker, Charles) |
| Filing 36 MOTION to Compel Discovery by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Kannebecker, Charles) |
|
Filing 35
ORDER - AMENDED CASE MANAGEMENT Joinder of additional parties 5/31/2022; Amended Pleadings due by 5/31/2022. Pre-certification Discovery due by 5/31/2022. (See order for further/complete detail). Signed by Chief Judge Matthew W. Brann on 2/15/2022. (nr)
|
| Filing 34 NOTICE by Geisinger Health Plan, Socrates, Inc. Withdraw of Appearance (Root, Gretchen) |
| Filing 33 NOTICE by Geisinger Health Plan, Socrates, Inc. Withdraw of Appearance (Collins, Thomas) |
| Filing 32 Joint MOTION to Amend/Correct #28 Case Management Order - Standard Track, by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service Certificate of Service)(Kresge, Raymond) |
| Filing 31 NOTICE of Appearance by Raymond A. Kresge on behalf of All Defendants (Kresge, Raymond) |
| Filing 30 NOTICE of Appearance by Jeffrey I. Pasek on behalf of All Defendants (Pasek, Jeffrey) |
| Filing 29 Joint MOTION for Extension of Time to Joint Motion For Extension of Discovery Deadlines by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Collins, Thomas) |
|
Filing 28
ORDER - STANDARD CASE MANAGEMENT TRACK - Following an Initial Case Management conference, the following dates apply to this case: Pre-Certification of Discovery due by 2/25/2022. Plaintiffs' Motion for Conditional Certification due 3/28/2022. Defendants' Response in Opposition due 4/28/2022. Plaintiffs' Reply Brief due 5/12/2022. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 8/16/2021. (jr)
|
| Filing 26 CASE MANAGEMENT PLAN by Lori Freitas, Kaylee McWilliams. (Kannebecker, Charles) |
|
Filing 25
SCHEDULING ORDER: Telephonic Initial Case Management Conference RESCHEDULED for 8/16/2021 at 2:30 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 7/27/2021. (jr)
|
| Filing 24 Letter from Charles Kannebecker Regarding August 4, 2021, Conference. (Kannebecker, Charles) |
|
Filing 23
SCHEDULING ORDER: Telephonic Initial Case Management Conference scheduled for 8/4/2021 at 2:00 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 7/20/2021. (jr)
|
| Filing 21 ANSWER to #7 Amended Complaint by Geisinger Health Plan, Socrates, Inc..(Collins, Thomas) |
|
Filing 20
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendants' #9 Motion to Dismiss is DENIED. Defendants' answer is due no later than 6/10/2021. A telephonic status conference is scheduled for 6/24/2021 at 2:00 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 5/27/2021. (jr)
|
| Filing 19 MEMORANDUM (Order to follow as separate docket entry) re: #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Socrates, Inc., Geisinger Health Plan. Signed by Honorable Matthew W. Brann on 5/27/2021. (jr) |
| Filing 18 NOTICE by Geisinger Health Plan, Socrates, Inc. Withdrawal of Appearance (Zareba, Adrian) |
| Filing 17 REPLY BRIEF re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geisinger Health Plan, Socrates, Inc..(Collins, Thomas) |
|
Filing 16
ORDER granting #15 Motion to Extend Time. Defendants' deadline to submit a Reply in Further Support of Defendants' Motion to Dismiss is due on or before 12/2/2020. Signed by Honorable Matthew W. Brann on 11/17/2020. (jr)
|
| Filing 15 MOTION for Extension of Time to File Reply in Further Support of Motion to Dismiss by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Proposed Order)(Collins, Thomas) |
| Filing 14 BRIEF IN OPPOSITION re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Kannebecker, Charles) |
|
Filing 13
ORDER granting #12 Motion for Extension of Time. Plaintiffs' Brief in Opposition to Defendants' #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is due on or before 11/5/2020. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr)
|
| Filing 12 MOTION for Extension of Time to File Brief to #11 Brief in Support filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Stipulation of Counsel, #2 Proposed Order)(Kannebecker, Charles) |
| Filing 11 BRIEF IN SUPPORT re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Unpublished Opinion(s))(Collins, Thomas) |
| Filing 10 ATTACHMENT(S) Proposed Order by Socrates, Inc., Geisinger Health Plan re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Socrates, Inc., Geisinger Health Plan. Related document: #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Socrates, Inc., Geisinger Health Plan.(Collins, Thomas) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Geisinger Health Plan, Socrates, Inc..(Collins, Thomas) |
|
Filing 8
ORDER - IT IS HEREBY ORDERED that Defendants' #5 Motion to Dismiss Plaintiffs' Complaint is DENIED AS MOOT. Signed by Honorable Matthew W. Brann on 9/22/2020. (jr)
|
| Filing 7 AMENDED COMPLAINT against Geisinger Health Plan, Socrates, Inc., filed by Lori Freitas, Kaylee McWilliams. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kannebecker, Charles) |
| Filing 6 BRIEF IN SUPPORT re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Appendix)(Collins, Thomas) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Geisinger Health Plan. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Proposed Order)(Collins, Thomas) |
| Filing 4 Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Honorable Matthew W. Brann on 7/30/2020. (jr) |
|
Filing 3
ORDER - IT IS HEREBY ORDERED that #2 Motion for Extension of Time to Answer is granted; Geisinger Health Plan and Socrates, Inc. answer due 8/24/2020. (See order for further/complete details.) Signed by Honorable Matthew W. Brann on 7/24/2020 (lg)
|
| Filing 2 MOTION for Extension of Time to File Answer re #1 Notice of Removal, by Geisinger Health Plan, Socrates, Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Proposed Order)(Root, Gretchen) |
| Filing 1 NOTICE OF REMOVAL by Socrates, Inc., Geisinger Health Plan from Lycoming County Court of Common Pleas, case number 20-0556. (Filing fee $ 400 receipt number 5167891), filed by Socrates, Inc., Geisinger Health Plan. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 2 Continued)(nr) |
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.
