ER Near Me v. Aetna Healthcare Inc
| ER Near Me |
| Aetna Healthcare Inc |
| 3:2022cv00757 |
| April 4, 2022 |
| U.S. District Court for the Northern District of Texas |
| Ed Kinkeade |
| Contract: Insurance |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:14. Wed Jun 1 13:12:53 CDT 2022 (crt) |
Filing 14
ELECTRONIC ORDER: This case was removed from state court on April 4, 2022. Plaintiff's counsel, Mark H. Selz, is not admitted to practice in the United States District Court for the Northern District of Texas. The only attorney contact information for Mr. Selz came from documents filed with Defendant's Notice of Removal. However, the two addresses listed for Mr. Selz are apparently not valid because the orders of this Court have been returned as undeliverable. See Doc. Nos. 9, 10 & 13. The Court located an email address for Mr. Selz in the removal documents and will attempt service of this Order one more time before dismissing this case. Within 21 days from the date of this Order,, counsel for Plaintiff must either become admitted to practice in this District (see LR 83.7), or move the Court to be admitted Pro Hac Vice (see LR 83.9(b)). Failure to comply with this order will result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 5/31/2022) (chmb)
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| Filing 13 Mail returned as undeliverable. 7 Electronic Order received back from Mark H Selz as Attempted - not known. No address update from last filed document. The current document has not been re-mailed. (mjr) |
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Filing 12
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/5/2022) (chmb)
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Filing 11
ORDER: This case was removed from state court on April 4, 2022. Plaintiff's counsel, Mark H. Selz, is not admitted to practice in the United States District Court for the Northern District of Texas. Therefore, within 21 days from the date of this order, counsel for Plaintiff must either become admitted to practice in this District (See LR 83.7), or move the Court to be admitted Pro Hac Vice (See LR 83.9(b)). Failure to comply with this order may result in dismissal of this case without prejudice and without further notice. (Ordered by Judge Ed Kinkeade on 5/5/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11, 12. Thu May 5 16:13:56 CDT 2022 (crt) |
| Filing 10 Mail returned as undeliverable. 7 Order received back from Mark H Selz as Return to Sender - Attempted - Not Known - Unable to Forward. Attorney's information has updated since mailing document 7, current document has been re-mailed to the Attorney's address listed in their ECF account. (jmg) |
| Filing 9 Mail returned as undeliverable. #3 Order received back from Mark H Selz as Return to Sender - Attempted - Not Known - Unable to Forward. Attorney's information has updated since mailing document #3 , current document has been re-mailed to the Attorney's address listed in their ECF account. (jmg) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Re-mailed Fri Apr 15 15:33:10 CDT 2022 (crt) |
| Filing 8 Appendix in Support filed by Aetna Healthcare Inc re #4 Supplemental Document, #3 Order, 7 Order, Removal (Attachments: #1 Exhibit(s)) (Herman, Jonathan) |
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Filing 7
ELECTRONIC ORDER: granting in part and denying in part #5 Defendant's Unopposed Motion for Leave to File the Appendix Under Seal. The Court grants Defendant leave to file page numbers 102-121 of the Appendix under seal as these records contain sensitive personal and medical information of the non-party insured. However, the Court denies Defendant leave to file pages 1-101 of the Appendix under seal. These pages contain the alleged ERISA Plan at issue, but do not appear to contain any information justifying they be kept under seal. "Judicial records... are public, not private, documents." Binh Hoa Le v. Exeter Fin. Corp., 990 F.3d 410, 417 (5th Cir. 2021). Mindful of the public's right to access judicial records, the Fifth Circuit "heavily disfavor[s] sealing information placed in the judicial record." June Med. Servs., L.L.C. v. Phillips, 22 F.4th 512, 519-20 (5th Cir. 2022). The Court finds there is no good cause for sealing pages 1-101 of Defendant's Appendix. Defendant shall file the unsealed portion of the appendix as a public document within 3 days from this order. (Ordered by Judge Ed Kinkeade on 4/11/2022) (chmb)
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| Filing 6 (Document Restricted) Sealed Appendix in Support re: #4 Supplemental Document, #5 Motion for Leave to File (Sealed pursuant to SO 19-1, statute, or rule) filed by Aetna Healthcare Inc (Herman, Jonathan) |
| Filing 5 Unopposed MOTION for Leave to File Appendix under Seal filed by Aetna Healthcare Inc (Attachments: #1 Proposed Order) (Herman, Jonathan) |
| Filing 4 Supplement to Notice of Removal by Aetna Healthcare Inc as to #1 Notice of Removal, #3 Order. (Herman, Jonathan) Modified text on 4/11/2022 (ygl). |
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Filing 3
ORDER: On March 2, 2022, Plaintiff ER Near Me ("Plaintiff") filed a Petition in Small Claims Court (the "Petition") against Defendant Aetna Health, Inc. ("Defendant"). See Notice of Removal (Doc. No. 1) at 1 & 10. Defendant may file a supplement to its Notice of Removal which addresses these concerns raised by the Court as to its subject matter jurisdiction in this matter. This supplemental filing must be filed by April 11, 2022. Otherwise, the Court will remand this case immediately and without further notice. 28 U.S.C. 1447(c); Acuna, 200 F.3d at 339 ("[D]oubts regarding whether removal jurisdiction is proper should be resolved against federal jurisdiction."). (Ordered by Judge Ed Kinkeade on 4/6/2022) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Wed Apr 6 14:31:52 CDT 2022 (crt) |
| Filing 2 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) |
| Filing 1 NOTICE OF REMOVAL filed by Aetna Healthcare Inc. (Filing fee $402; receipt number 0539-12722835) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s)) (Herman, Jonathan) |
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| Plaintiff: ER Near Me | |
| Represented By: | Mark H Selz |
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| Defendant: Aetna Healthcare Inc | |
| Represented By: | Jonathan M Herman |
| Represented By: | Charles W Hill |
| Represented By: | Michael L Hood |
| Represented By: | Charles Wilson Hill |
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