D. v. Anthem Blue Cross Blue Shield et al
| R. D. |
| Anthem Blue Cross Blue Shield and Wells Fargo & Company Health Plan, The |
| 0:2024cv00639 |
| February 8, 2024 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 46 MOTION for Judgment on the Pleadings by Wells Fargo & Company Health Plan, The. Response to Motion due by 4/17/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Benefits Handbook)No proposed order.(Davinson, Amanda) |
| Filing 45 TEXT ORDER: Plaintiff has filed a motion to proceed anonymously. ECF No. #42 . Neither Defendant has responded, and the time to do so has expired. The court finds compelling concerns of personal privacy warrant the use of a pseudonym, or initials, in this case. Accordingly, the motion is granted, and Plaintiff may pursue this case under his initials, as he is currently identified. IT IS SO ORDERED. Signed by Honorable Cameron McGowan Currie on 4/3/2024.(cbru, ) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anthem Blue Cross Blue Shield. Response to Motion due by 4/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A - Amended Complaint, #3 Exhibit B - WF Plan Document, #4 Exhibit C - 9.20.19 Letter, #5 Exhibit D - 5.15.20 Letter, #6 Exhibit E - Medical Policy, #7 Exhibit F - L.L. Complaint, #8 Exhibit G - S. Complaint)No proposed order.(Peretz, Michael) Modified to edit text on 3/28/2024 (cbru, ). |
| Filing 43 CERTIFICATE OF CONSULTATION byR. D. re #42 MOTION Proceed Anonymously . (Bax, Nathaniel) |
| Filing 42 MOTION to Proceed Anonymously by R. D.. Response to Motion due by 3/28/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bax, Nathaniel) Modified to edit text on 3/15/2024 (cbru, ). |
| Filing 41 Supplemental Local Rule 26.01 Answers to Interrogatories by Anthem Blue Cross Blue Shield.(Peretz, Michael) Modified to edit text on 3/13/2024 (cbru, ). |
| Filing 39 DELETION OF DOCKET ENTRY NUMBER 36. Reason: Attachment within main document. Corrected Filing Document Number #38 . Modified filing date to that of original filing: 3/11/2024. Response due date modified to that of original filing: N/A. (cbru, ) |
| Filing 38 Local Rule 26.01 Answers to Interrogatories by Wells Fargo & Company Health Plan, The. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Transfer Venue to the District of South Carolina and to Stay Case Deadlines Pending Transfer)(Davinson, Amanda) Modified to edit filing date and text on 3/12/2024 (cbru, ). |
| Filing 37 ANSWER to #7 Amended Complaint by Wells Fargo & Company Health Plan, The.(Davinson, Amanda) Modified to edit text on 3/12/2024 (cbru, ). |
| Filing 35 SPECIALIZED CASE MANAGEMENT ORDER. Signed by Honorable Cameron McGowan Currie on 3/11/2024. (cbru, ) |
| Filing 34 TEXT ORDER: Defendant Anthem Blue Cross Blue Shield's response to Local Civil Rule Interrogatory 26.01(C) filed as ECF No. #33 is incomplete. This party is directed to file a complete response to all subparts of the inquiry within three business days of entry of this order. (Supplement due by 3/14/2024) Signed by Honorable Cameron McGowan Currie on 3/11/2024. (cbru, ) |
| Filing 33 Local Rule 26.01 Answers to Interrogatories by Anthem Blue Cross Blue Shield. (Attachments: #1 Exhibit A - Order Granting Stipulated Motion to Transfer Venue to the District of South Carolina)(Peretz, Michael) Modified to edit text on 3/7/2024 (cbru, ). |
| Filing 32 NOTICE of Appearance by Michael C Peretz on behalf of Anthem Blue Cross Blue Shield (Peretz, Michael) |
| Filing 31 NOTICE of Appearance by William Joseph Farley, III on behalf of Anthem Blue Cross Blue Shield (Farley, William) |
| Filing 30 Local Rule 26.01 Answers to Interrogatories by R. D. (Attachments: #1 Exhibit A - Motion to Transfer Venue)(Bax, Nathaniel) (Main Document 30 replaced on 3/4/2024) (cbru, ). (Attachment 1 replaced on 3/4/2024) (cbru, ). Modified to edit text on 3/4/2024 (cbru, ). |
| Filing 29 NOTICE of Appearance by Amanda Kane Davinson on behalf of Wells Fargo & Company Health Plan, The (Davinson, Amanda) |
| Filing 28 TEXT ORDER granting #25 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 2/26/2024.(cbru, ) |
| Filing 27 Additional Attachments to Main Document #25 MOTION to Appear Pro Hac Vice by Brian S. King ( Filing fee $ 350 receipt number ASCDC-11608623). First attachment description: Certificate of Good Standing . (Bax, Nathaniel) |
| Filing 26 TEXT ORDER: Plaintiff failed to attach the required certificate of good standing to the motion filed as entry #25 . Plaintiff shall file the certificate using the event "Additional Attachments to Main Document no later than March 1, 2023. (Certificate of Good Standing due by 3/1/2024) Signed by Honorable Cameron McGowan Currie on 2/23/2024. (cbru, ) |
| Filing 25 MOTION to Appear Pro Hac Vice by Brian S. King ( Filing fee $ 350 receipt number ASCDC-11608623) by R. D.. Response to Motion due by 3/8/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Application for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Bax, Nathaniel) Additional attachment filed as entry #27 on 2/26/2024 (cbru, ). |
| Filing 24 NOTICE of Appearance by Nathaniel W Bax on behalf of R. D. (Bax, Nathaniel) |
| Filing 23 TEXT ORDER: Plaintiff filed this case as "R.D. v. Anthem Blue Cross Blue Shield and the Wells Fargo & Company Health Plan." Pursuant to Fed. R. Civ. P. 10(a), unless Plaintiff seeks and receives permission from the court, Plaintiff cannot proceed anonymously. See James v. Jacobson, 6 F.3d 233, 238 (4th Cir. 1993). By March 14, 2024, Plaintiff shall either file an amended complaint in Plaintiff's true name or a motion to proceed anonymously. "A plaintiff seeking to proceed anonymously must show that [he or she] has a substantial privacy right that outweighs the customary and constitutionally-embedded presumption of openness in judicial proceedings." Richard S. v. Sebelius, C/A No. 3:12-cv-00007-TMC, 2012 WL 1909344, at *1 (D.S.C. May 25, 2012). (Amended Complaint/Motion due by 3/14/2024) Signed by Honorable Cameron McGowan Currie on 2/8/2024. (cbru, ) Modified to edit text to correct scrivener's error on 2/9/2024 (cbru, ). |
| Filing 22 TEXT ORDER: This matter was transferred from the District of Utah on February 8, 2024. Counsel for the parties is not admitted to practice in this court. Therefore, the court stays this action until March 7, 2024, to allow the parties to obtain counsel admitted to the bar of this court or to inform the court that they will be proceeding pro se. By that same date, Plaintiff shall file answers to the Local Rule 26.01 Interrogatories. (Notice of Attorney Appearance due by 3/7/2024, Plaintiff's Answer to LR26.01 Interrogatories due by 3/7/2024) Signed by Honorable Cameron McGowan Currie on 2/8/2024. (cbru, ) |
| Filing 21 Case transferred in from District of Utah; Case Number 2:23-cv-00717. Original file certified copy of transfer order and docket sheet received. |
Filing 20
ORDER granting #19 Motion to Change Venue. Signed by Magistrate Judge Dustin B. Pead on 02/07/2024. (kpf) [Transferred from Utah on 2/8/2024.]
|
| Filing 19 Stipulated MOTION to Change Venue and Memorandum in Support and to Stay Case Deadlines Pending Transfer filed by Defendant Anthem Blue Cross Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Shewan, Angela) [Transferred from Utah on 2/8/2024.] |
| Filing 18 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge David Barlow and Magistrate Judge Dustin B. Pead is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 17 RECEIVED Consent/Reassignment Form from Defendant Anthem Blue Cross Blue Shield. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 16 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Anthem Blue Cross Blue Shield identifying Elevance Health, Inc. as Corporate Parent. (Shewan, Angela) [Transferred from Utah on 2/8/2024.] |
| Filing 15 NOTICE of Appearance by Angela Shewan on behalf of Anthem Blue Cross Blue Shield (Shewan, Angela) [Transferred from Utah on 2/8/2024.] |
| Filing 14 NOTICE of Appearance by Nathan R. Marigoni on behalf of Anthem Blue Cross Blue Shield (Marigoni, Nathan) [Transferred from Utah on 2/8/2024.] |
|
Filing 13
ORDER granting #12 Motion for Extension of Time to Answer. Defendant Wells Fargo Plan to have until February 6, 2024 , to answer or otherwise respond to Plaintiff's #7 Amended Complaint so that all Defendants have the same response date for the Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 1/2/2024. (mh) [Transferred from Utah on 2/8/2024.]
|
| Filing 12 Stipulated MOTION for Extension of Time to File Answer re #7 Amended Complaint and Memorandum in Support filed by Defendant Wells Fargo & Company Health Plan. (Attachments: #1 Exhibit A - proposed Order)(Dawson, Micah) [Transferred from Utah on 2/8/2024.] |
| Filing 11 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. 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 e-file the Consent Form in the case. Notice e-mailed or mailed to Defendant Anthem Blue Cross Blue Shield. Form due by 1/2/2024. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 10 WAIVER OF SERVICE Returned Executed filed by R. D. as to Anthem Blue Cross Blue Shield Waiver sent on 12/8/2023, answer due 2/6/2024. (King, Brian) [Transferred from Utah on 2/8/2024.] |
| Filing 9 RECEIVED Consent/Reassignment Form from Plaintiff R. D.. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 8 Modification of Docket: : Attorney Micah Dawson has been terminated as attorney for Anthem Blue Cross Blue Shield. Per counsel, Mr. Dawson only represents Wells Fargo in this matter. (alf) [Transferred from Utah on 2/8/2024.] |
| Filing 7 AMENDED COMPLAINT against Anthem Blue Cross Blue Shield, Wells Fargo & Company Health Plan. New Plaintiffs: R.D.. Removed Plaintiffs: R.D.. filed by R. D.. (King, Brian) [Transferred from Utah on 2/8/2024.] |
| Filing 6 NOTICE OF ADR, e-mailed or mailed to Defendants Anthem Blue Cross Blue Shield, Wells Fargo & Company Health Plan, Plaintiff R. D.. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 5 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. 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 e-file the Consent Form in the case. Notice e-mailed or mailed to Defendants Anthem Blue Cross Blue Shield, Wells Fargo & Company Health Plan, Plaintiff R. D.. Form due by 12/5/2023. (mh) [Transferred from Utah on 2/8/2024.] |
| Filing 4 NOTICE of Appearance by Micah D Dawson on behalf of Anthem Blue Cross Blue Shield, Wells Fargo & Company Health Plan (Dawson, Micah) [Transferred from Utah on 2/8/2024.] |
| Filing 3 WAIVER OF SERVICE Returned Executed filed by R. D. as to Wells Fargo & Company Health Plan Waiver sent on 11/9/2023, answer due 1/8/2024. (King, Brian) [Transferred from Utah on 2/8/2024.] |
|
Filing 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Dustin B. Pead on 10/16/2023. (alf) [Transferred from Utah on 2/8/2024.]
|
| Magistrate Judge Dustin B. Pead added. Case number will now read 2:23-cv-00717-DBP. Please make changes to document captions accordingly. (kec) [Transferred from Utah on 2/8/2024.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4834318) filed by R. D.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from Utah on 2/8/2024.] |
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 South Carolina 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.
