Productive MD, LLC v. Aetna Health, Inc. et al
| Productive MD, LLC |
| Aetna Health, Inc. and Aetna Life Insurance Company, Inc. |
| 3:2012cv00052 |
| January 10, 2012 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A. Trauger |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1441 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
223
ORDER: On August 14, 2014, the parties filed a joint stipulation of dismissal 222 , with an attached proposed agreed order of dismissal for consideration by the Honorable Aleta A. Trauger. As a result, the following motions are rendered MOOT a nd the Clerk is directed to terminate them as pending: (1) the plaintiff's motion to deem matters admitted 169 ; (2) the plaintiff's motion to amend order 171 ; (3) the plaintiff's motion to compel 175 ; (5) the plaintiff's motion for more definite statement 189 ; (6) the plaintiff's motion for a status conference, to require the defendants to participate in a Rule 26(f) conference and for a stay 201 ; (7) the plaintiff's motion to stay 203 ; (8) the defe ndants' motion to compel 206 ; (9) the plaintiff's motion to strike 211 ; and the plaintiff's motion for a settlement conference 212 . Unless otherwise directed by the Court, there will be no further proceedings before the Magistrate Judge in this case. Signed by Magistrate Judge Juliet E. Griffin on 8/15/14. (dt)
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Filing
200
ORDER: Upon consideration of the Motion for Admission Pro Hac Vice of David L. Steed, and for good cause shown, said motion is granted and Marguerite Broussard is hereby admitted pro hac vice to appear in the United States District Court for the Middle District of Tennessee at Nashville and participate in the above-captioned matter as counsel for Plaintiff, Productive MD, LLC. Signed by District Judge Aleta A. Trauger on 3/12/14. (dt)
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Filing
167
MEMORANDUM and ORDER: The defendants Motion to Strike 160 does not meet these standards and is, therefore, DENIED. It is hereby ORDERED that, by November 22, 2013, the defendants shall fully respond to the following paragraphs of the Second Amen ded Complaint (Docket No. 98), with the exception that the defendants may respond generally to the allegations that relate to Attachments A-1, A-2, B, C, D, E, F, I and J and need not respond to each line and entry of these Attachments to the Second Amended Complaint: Signed by District Judge Aleta A. Trauger on 11/14/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) Modified on 11/14/2013 (afs).
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Filing
153
MEMORANDUM OF THE COURT. Signed by District Judge Aleta A. Trauger on 8/28/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(afs) (Main Document 153 replaced on 8/28/2013) (hb).
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Filing
105
ORDER: Hearing set for 2/12/2013 at 10:00 AM before Magistrate Judge Juliet E. Griffin. Signed by Magistrate Judge Juliet E. Griffin on 2/4/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
46
ORDER: By 8/6/2012, the parties shall file for the court's consideration a proposed agreed order specifying the date by which the Administrative Record will be filed and a briefing schedule. Signed by District Judge Aleta A. Trauger on 7/27/12. (dt)
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Filing
41
ORDER: A hearing is scheduled on the plaintiff's motion to determine ompliance with Court's order of May 14, 2012 (Docket Entry No. 39) on Thursday, July 12, 2012, at 1:00 p.m., in Courtroom 764, U.S. Courthouse, 801 Broadway, Nashville, TN . Prior to July 12, 2012, the parties shall file a joint statement that summarizes any additional discovery disputes not otherwise implicated by the plaintiff's pending motion. It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 6/25/12. (afs)
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Filing
21
MEMORANDUM AND ORDER: Pending before the court are the defendant's Motion to Dismiss, or in the Alternative, for a More Definite Statement (Docket No. 12) and the plaintiff's Motion to File First Amended Complaint (Docket No. 17) ("Mot ion for Leave to Amend"). For the reasons stated herein, the court will deny the Motion to Dismiss or for a More Definite Statement as moot, the court will grant the plaintiff's Motion for Leave to Amend, the defendants will be without prej udice to respond to the First Amended Complaint under Fed. R. Civ. 12(b)(6) at a later time, and the court will postpone the Initial Case Management Conference and all associated deadlines. Productive MDs Motion for Leave to Amend is hereby GRANTED. Productive MD shall file a First Amended Complaint in the form attached at Docket No. 17, Ex. 1. Aetna's Motion to Dismiss or for a More Definite Statement is hereby DENIED AS MOOT. Aetna will be without prejudice to respond to the First Amen ded Complaint pursuant to Fed. R. Civ. P. 12(b)(6), as appropriate. It is hereby ORDERED that the Initial Case Management Conference scheduled for April 6, 2011 is CONTINUED and RESET for May 4, 2012, at 11:00 am. The court expects that the proposed case management order will incorporate a schedule for providing the information requested in the March 9, 2012 Order as to all 182 claims, as well as a framework for responding to the First Amended Complaint once that exchange of necessary information is completed. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 4/3/12. (afs)
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Filing
16
ORDER: The defendants have filed a Motion to Dismiss, or in the Alternative, for a More a Definite Statement (Docket No. 12) ("Motion"), to which the plaintiff has filed a Response in opposition (Docket No. 14), and the Defendant has filed a Reply (Docket No. 15). In light of the various concerns identified in this Memorandum and Order, provision of this information may not represent the final step in the courts resolution of the pending Motion. However, the information will, at a min imum, enable the court to determine what additional steps may be necessary to do so. In that regard, to the extent that Productive MD ascertains that some or all of the underlying policies are governed by ERISA, Productive MD is advised to consider w hether, if permitted to provide a more definite statement or to amend its Complaint, it could: (a) reasonably allege factual contentions establishing that it exhausted the administrative remedies applicable to each claim; and/or (b), reasonably alleg e sufficient facts establishing that, under the legal standard for futility applicable within the Sixth Circuit, such out-of-court efforts would certainly have been futile. The parties are hereby ORDERED to submit a joint statement in conformity with this Memorandum and Order by March 29, 2012. It is so ordered. Signed by District Judge Aleta A. Trauger on 3/9/12. (afs)
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