MANGEL v. COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN et al
| STACEY MANGEL |
| COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN and UMR, INC. |
| 2:2022cv01543 |
| November 1, 2022 |
| US District Court for the Western District of Pennsylvania |
| Nora Barry Fischer |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1002 E.R.I.S.A.: Employee Retirement |
| Both |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 51
ORDER: Plaintiff's claims seeking review of the adverse benefits determination for services provided by Allegheny General Hospital on November 2, 2018 and November 3, 2018 is REMANDED to Defendant CommuniCare's current third-party administrator for further consideration. The parties shall also supply the current third-party administrator with all documents necessary to conduct its review on remand; this case is STAYED, including any previously established deadlines and the telephone status conference tentatively set for December 11, 2023 at 3:00 p.m. is CANCELLED; Defendants' Joint Motion for Protective Order, (Docket No. #49 ), is DENIED as moot, and without prejudice, to renewing such motion if the matter is reopened; the Clerk of Court shall mark this case administratively CLOSED during the Stay. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 11/20/2023. (lyk)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #50 Brief in Support of Motion. ERROR: Document should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. Clerk of Court docketed Brief. This message is for informational purposes only. (bjr) |
| Filing 50 BRIEF in Support re #49 Motion for Protective Order filed by UMR, INC. (bjr) |
| Filing 49 Joint MOTION for Protective Order by UMR, INC.. (Attachments: #1 Brief, #2 Proposed Order, #3 Exhibit, #4 Certificate of Service, #5 Certificate of Conferral) (Redfern, Cameron) Attachment #1 removed from view and refiled at #50 . at Modified text on 11/21/2023. (bjr) |
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Filing 48
ORDER: The Court will defer entry of its Case Management Order until further Order of Court and the parties shall adhere to the following deadlines: Plaintiff shall serve her written discovery/document requests on Defendants by October 27, 2023; Defendants shall file any Motion for Protective Order along with a certificate of conferral by November 13, 2023; Plaintiff shall file her Response by December 4, 2023; Any further briefing/argument will be at the discretion of the Court; Stipulation Selecting ADR Process due by November 27, 2023. To the extent necessary, the Court will convene a follow up Telephone Status Conference on December 11, 2023 at 3:00 PM. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 10/26/2023. (lyk)
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| Filing 47 Minute Entry for proceedings held before Judge Nora Barry Fischer: Telephonic Initial Case Management Conference held on 10/26/2023. An appropriate Order follows. (Court Reporter: None) (lyk) |
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Filing 46
ORDER granting #45 MOTION to Continue Case Management Conference filed by STACEY MANGEL, the Telephonic Initial Case Management set for 10/6/2023 is re-set for 10/26/2023 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 10/4/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 45 MOTION to Continue Case Management Conference by STACEY MANGEL. (Attachments: #1 Proposed Order) (Goodrich, William) |
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Filing 44
ORDER granting #43 Stipulated Protective Order filed by UMR, INC. Signed by Judge Nora Barry Fischer on 10/3/2023. (lyk)
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| Filing 43 STIPULATED PROTECTIVE ORDER by UMR, INC.. (Redfern, Cameron) |
| Filing 42 Errata re #36 Stipulation Selecting ADR process by STACEY MANGEL. Reason for Correction: Typed name omitted by s/. (Goodrich, William) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #36 Stipulation Selecting ADR process. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (bjr) |
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Filing 41
ORDER granting #40 Motion for Cameron M. Redfern to Appear Pro Hac Vice filed by Defendant UMR, INC.; Cameron M. Redfern added as counsel for Defendant UMR, INC. Signed by Judge Nora Barry Fischer on 9/20/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 40 MOTION for attorney Cameron M. Redfern to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7892613) by UMR, INC.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order, #4 Certificate of Service) (Redfern, Cameron) |
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Filing 39
RULE 502(D) ORDER. Signed by Judge Nora Barry Fischer on 9/20/2023. (rgr)
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Filing 38
ORDER: All disclosures required by Rule 26(a) of the Federal Rules of Civil Procedure, including the full administrative record; Explanation of Benefits dated April 11, 2019; and the relevant sections of Plaintiff's health insurance plan, including any provisions relating to benefits, coordination of benefits, and subrogation shall be made by October 2, 2023; the parties shall produce hard copies of all materials disclosed in accordance with this order to the Courts chambers by close of business on October 2, 2023. The Telephonic Initial Case Management Conference previously set for 9/21/2023 is CANCELLED and RESCHEDULED to 10/6/2023 at 9:30 AM. Signed by Judge Nora Barry Fischer on 9/20/2023. (lyk)
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| Filing 37 REPORT of Rule 26(f) Planning Meeting. (Goodrich, William) |
| Filing 36 STIPULATION selecting ADR process by STACEY MANGEL. (Goodrich, William) |
| Filing 35 NOTICE of Substitution of Attorney Appearance by Brian P. Seaman on behalf of UMR, INC.. Attorney Corey S. D. Norcross terminated. (Seaman, Brian) |
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Filing 34
ORDER that the parties' Rule 26(f) Meeting Report and Stipulation Selecting ADR Process are due by 9/14/2023; and the Telephonic Initial Case Management is set for 9/21/2023 at 10:00 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 9/8/2023. (Attachments: #1 Exhibit A, #2 Exhibit B) (bdk)
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| Filing 33 ANSWER to #1 Complaint, by UMR, INC.. (Norcross, Corey) |
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Filing 32
ORDER granting #30 Stipulation filed by UMR, INC., the deadline for UMR, INC. to answer or otherwise respond to the Complaint is extended to 9/1/2023. Signed by Judge Nora Barry Fischer on 8/21/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 31 Disclosure Statement identifying United HealthCare Services, Inc., UnitedHealth Group Incorporated as corporate parent or other affiliate, by UMR, INC.. (Norcross, Corey) |
| Filing 30 STIPULATION re #1 Complaint, to Extend Time to Respond To Complaint by UMR, INC.. (Norcross, Corey) |
| Filing 29 NOTICE of Appearance by Corey S. D. Norcross on behalf of UMR, INC.. (Norcross, Corey) |
| Filing 28 NOTICE of Appearance by Bianca M Dinardo on behalf of STACEY MANGEL. (Dinardo, Bianca) |
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Filing 27
ORDER that upon consideration of #26 Waiver of Service Executed filed by STACEY MANGEL, indicating that the Answer of Defendant UMR, Inc. is due by 7/21/2023 and said Defendant having failed to appear and Answer as of this date, Plaintiff shall take default/default judgment in accordance with the Federal Rules of Civil Procedure by 8/21/2023 or the action will be dismissed as to Defendant UMR, Inc. for failure to prosecute. Signed by Judge Nora Barry Fischer on 8/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 26 WAIVER OF SERVICE Returned Executed by STACEY MANGEL. UMR, INC. waiver sent on 5/22/2023, answer due 7/21/2023. (Goodrich, William) |
| Filing 25 AFFIDAVIT of Service for Summons served on UMR, Inc. on 04/27/2023, filed by STACEY MANGEL. (Attachments: #1 Exhibit, #2 Exhibit) (Goodrich, William) |
| Filing 24 Summons Issued as to UMR, INC. (bjw) |
| Filing 23 PRAECIPE to Reissue Summons by STACEY MANGEL (Attachments: #1 Summons) (Goodrich, William) |
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Filing 22
ORDER: Plaintiff shall properly serve the Complaint and Summons on UMR, Inc. by May 11, 2023 or the Complaint will be dismissed as to Defendant UMR, Inc., without prejudice, pursuant to Fed. R. Civ. P. 4(m). Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 4/11/2023. (lyk)
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| Filing 21 AFFIDAVIT of Service for Complaint served on UMR, Inc. on 11/15/2022, filed by STACEY MANGEL. (Attachments: #1 Exhibit A, #2 Exhibit B) (Goodrich, William) |
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Filing 20
ORDER: the Complaint will be dismissed as to Defendant UMR, Inc., without prejudice, pursuant to Fed. R. Civ. P. 4(m) for failure of the plaintiff to make service of the Complaint and Summons on UMR, Inc. within 90 days of the filing of the Complaint, unless good cause is shown by March 31, 2023 why service was not made within that period. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 3/14/2023. (lyk)
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Filing 19
ORDER granting #18 Motion for Ann Caresani, Esq. to Appear Pro Hac Vice for Defendant COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. Signed by Judge Nora Barry Fischer on 3/13/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 18 MOTION for attorney Ann Caresani to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7586517) by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Attachments: #1 Affidavit of Ann Caresani, #2 Exhibit Certificate of Good Standing for Ann Caresani) (Caresani, Ann) |
| Filing 17 AFFIDAVIT of Service for Writ of Summons served on UMR, Inc. on 11/15/2022, filed by STACEY MANGEL. (Attachments: #1 Exhibit A) (Goodrich, William) |
| Filing 16 ANSWER to #1 Complaint, by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Leeson, Robert) |
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Filing 15
ORDER granting #14 Stipulation for Extension of Time to Answer filed by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN, said Defendant shall answer or otherwise respond to the Complaint by 3/13/2023. Signed by Judge Nora Barry Fischer on 1/27/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdk)
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| Filing 14 Stipulation for Extension of Time to Answer by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN Answer due from COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Leeson, Robert) |
| Filing 13 Disclosure Statement identifying None as corporate parent or other affiliate, by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Leeson, Robert) |
| Filing 12 NOTICE of Appearance by Robert Patrick Leeson on behalf of COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Leeson, Robert) |
| Filing 10 Disclosure Statement by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Wiltshire, Adama) |
| Filing 9 NOTICE of Appearance by Adama Kemba Wiltshire on behalf of COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN. (Wiltshire, Adama) |
| Filing 8 Stipulation for Extension of Time to Answer by COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN Answer due from COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN on 3/13/2023. (Wiltshire, Adama) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #9 Notice of Appearance. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 1/30/2023. (jv) |
| Filing 7 Summons Reissued as to COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN (jv) |
| Filing 6 PRAECIPE to Reissue Summons by STACEY MANGEL (Attachments: #1 Summons) (Goodrich, William) |
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Filing 5
ORDER RE: Rule 12(b) Motions. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 11/4/2022. (lyk)
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Filing 4
ORDER RE: Motions Practice. Details more fully stated in Order. Signed by Judge Nora Barry Fischer on 11/4/2022. (lyk)
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| Filing 3 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (lyk) |
| Filing 2 Summons Issued as to COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN (Main Document), UMR, INC (Attachments: #1 Summons issued as to UMR, Inc.) (jv) |
| Filing 1 COMPLAINT against COMMUNICARE HEALTH SERVICES, INC. HEALTH AND WELFARE PLAN, UMR, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7371818), filed by STACEY MANGEL. (Attachments: #1 Civil Cover Sheet) (jv) |
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