Texienne Physicians Medical Association, PLLC v. Health Care Service Corporation
Plaintiff: Texienne Physicians Medical Association PLLC
Defendant: Health Care Service Corporation doing business as Blue Cross and Blue Shield of Texas
Case Number: 3:2022cv00591
Filed: March 14, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: A Joe Fish
Nature of Suit: Contract: Insurance
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2022 Opinion or Order Filing 29 AMENDED COMPLAINT against Health Care Service Corporation filed by Texienne Physicians Medical Association PLLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3) (Mitby, Steven)
April 29, 2022 Opinion or Order Filing 28 ELECTRONIC ORDER: Before the court is the plaintiff's unopposed motion for an "extension of the deadline to file its response and/or amended complaint...." See Plaintiff's Unopposed Motion for Extension of Time (docket entry 27) at 1. The court construes the motion as a motion for extension of time to file a response to the defendant's motion to dismiss or alternatively for leave to amend the complaint. So construed, the motion is GRANTED. Accordingly, the deadline for the plaintiff to file a response to the defendant's motion to dismiss or to file an amended complaint is hereby extended to May 3, 2022. (Ordered by Senior Judge A. Joe Fish on 4/29/2022) (chmb)
April 28, 2022 Opinion or Order Filing 27 MOTION to Extend Time to File a Response to Plaintiff's Motion to Dismiss filed by Texienne Physicians Medical Association PLLC (Attachments: #1 Proposed Order Proposed Order) (Mitby, Steven)
April 7, 2022 Opinion or Order Filing 26 MOTION to Dismiss Plaintiff's Complaint filed by Health Care Service Corporation with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A) (Bishop, Martin)
April 7, 2022 Opinion or Order Filing 25 NOTICE of Lack of Service of Defendant re: 24 Order, filed by Health Care Service Corporation (Hardy, Thomas)
April 6, 2022 Opinion or Order Filing 24 ELECTRONIC ORDER: Although the defendant is in default, the plaintiff has failed to move for entry of default and a default judgment. Unless the plaintiff moves for such relief by April 18, 2022, its claims will be dismissed without further notice. (Ordered by Senior Judge A. Joe Fish on 4/6/2022) (chmb)
April 6, 2022 Opinion or Order Filing 23 ELECTRONIC ORDER: On March 15, 2022, the court issued an order regarding the status of Kelly D. Clark, shown on the docket sheet to be an attorney for the plaintiff in this case. There having been no compliance with that order, it is hereby ORDERED that attorney Kelly D. Clark is terminated as a counsel for the plaintiff and shall have no further participation in this case. (Ordered by Senior Judge A. Joe Fish on 4/6/2022) (chmb)
April 6, 2022 Opinion or Order Filing 22 ELECTRONIC ORDER: The plaintiff's unopposed motion for leave to proceed without designation of local counsel (docket entry 21) is GRANTED. The plaintiff may proceed without designation of local counsel in this matter. (Ordered by Senior Judge A. Joe Fish on 4/6/2022) (chmb)
April 5, 2022 Opinion or Order Filing 21 MOTION Leave to Proceed Without Local Counsel filed by Texienne Physicians Medical Association PLLC (Attachments: #1 Proposed Order Order on Plaintiff's Motion for Leave to Proceed Without Local Counsel) (Mitby, Steven)
March 17, 2022 Opinion or Order Filing 20 The court has considered the application of admission pro hac vice of Courtney Bedell Averbach (docket entry 19). It is ORDERED that the application of Courtney Bedell Averbach is GRANTED. The clerk of court shall deposit the application fee to the account of the Non-Appropriated Fund of this court. It is further ORDERED that if the applicant has not already done so, the applicant must register as an ECF user within 14 days. See L.R. 5.1(f). (Ordered by Senior Judge A. Joe Fish on 3/17/2022) (chmb)
March 17, 2022 Opinion or Order Filing 19 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12676038) filed by Health Care Service Corporation (Attachments: #1 Proposed Order) (Averbach, Courtney)
March 15, 2022 Opinion or Order Filing 18 ELECTRONIC ORDER: Courtney B. Averbach ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than April 5, 2022, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 3/15/2022) (chmb)
March 15, 2022 Opinion or Order Filing 17 ELECTRONIC ORDER: Kelly D. Clark ("counsel"), whose name appears on a pleading in this case, is not a member of the Bar of the Northern District of Texas. Accordingly, no later than April 5, 2022, counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership* or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (*A letter stating the date of counsel's admission to the Bar of this court is satisfactory documentation.) (Ordered by Senior Judge A. Joe Fish on 3/15/2022) (chmb)
March 15, 2022 Opinion or Order Filing 16 ELECTRONIC ORDER: Local Rule 83.10(a) requires the appearance of local counsel where counsel of record for a party does not reside in this district. Accordingly, by April 5, 2022, the plaintiff shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will result in dismissal without prejudice of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 3/15/2022) (chmb)
March 14, 2022 Opinion or Order Filing 15 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. (ykp)
March 14, 2022 Opinion or Order Filing 14 Case electronically transferred in from District of Texas Southern; Case Number 4:22-cv-00599. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
March 14, 2022 Opinion or Order Filing 13 ORDER TO TRANSFER CASE to United States District Court for the Northern District of Texas, Dallas Division terminating #8 . (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
March 14, 2022 Opinion or Order Interdistrict transfer to United States District Court for the Northern District of Texas, Dallas Division. Case transferred electronically. Case terminated on 3/14/2022, filed. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
March 11, 2022 Opinion or Order Filing 12 ORDER granting #7 Motion for Jordan L. Fontenot to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
March 11, 2022 Opinion or Order Filing 11 ORDER granting #6 Motion for Courtney Bedell Averbach to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
March 11, 2022 Opinion or Order Filing 10 ORDER granting #5 Motion for Thomas C. Hardy to Appear Pro Hac Vice. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
March 10, 2022 Opinion or Order Filing 9 CORPORATE DISCLOSURE STATEMENT by Health Care Service Corporation, filed.(Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
March 10, 2022 Opinion or Order Filing 8 Unopposed MOTION to Transfer Venue or, in the Alternative, Motion to Dismiss Plaintiff's Complaint and Memorandum in Support by Health Care Service Corporation, filed. Motion Docket Date 3/31/2022. (Attachments: #1 Exhibit A, #2 Proposed Order on Motion to Transfer, #3 Proposed Order on Motion to Dismiss)(Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
March 10, 2022 Opinion or Order Filing 7 MOTION for Jordan L. Fontenot to Appear Pro Hac Vice by Health Care Service Corporation, filed. Motion Docket Date 3/31/2022. (Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
March 10, 2022 Opinion or Order Filing 6 MOTION for Courtney Bedell Averbach to Appear Pro Hac Vice by Health Care Service Corporation, filed. Motion Docket Date 3/31/2022. (Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
March 10, 2022 Opinion or Order Filing 5 MOTION for Thomas C. Hardy to Appear Pro Hac Vice by Health Care Service Corporation, filed. Motion Docket Date 3/31/2022. (Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
March 3, 2022 Opinion or Order Filing 4 Joint MEMORANDUM of Stipulations for Extension of Deadline for Defendant to Submit Motions Under Rule 12(B) or 12(E) or Motions to Transfer by Health Care Service Corporation, filed.(Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]
February 28, 2022 Opinion or Order Filing 3 Order: Initial Conference set for 3/29/2022 at 10:30 AM in Room 11122 before Judge Lynn N Hughes. (Signed by Judge Lynn N Hughes) Parties notified. (ghassan, 4) [Transferred from Texas Southern on 3/14/2022.]
February 25, 2022 Opinion or Order Filing 2 NOTICE in a Removed or Transferred Case (Signed by Judge Lynn N Hughes) Parties notified.(BrandisIsom, 4) [Transferred from Texas Southern on 3/14/2022.]
February 24, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL from 457th Judicial District Court of Montgomery County, case number 21-11-15221 (Filing fee $ 402 receipt number ATXSDC-27795228) filed by Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Texas. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bishop, Martin) [Transferred from Texas Southern on 3/14/2022.]

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Plaintiff: Texienne Physicians Medical Association PLLC
Represented By: Steven J Mitby
Represented By: Kelly Denise Koudelka-Clark
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Defendant: Health Care Service Corporation doing business as Blue Cross and Blue Shield of Texas
Represented By: Martin James Bishop
Represented By: Courtney B Averbach
Represented By: Jordan Lee Fontenot
Represented By: Thomas Charles Hardy
Represented By: Courtney Bedell Averbach
Represented By: Thomas C Hardy
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