MCW v. Blue Cross and Blue Shield of Texas
Plaintiff: MCW
Defendant: Blue Cross and Blue Shield of Texas
Case Number: 3:2022cv01506
Filed: July 12, 2022
Court: US District Court for the Northern District of Texas
Presiding Judge: Barbara M G Lynn
Nature of Suit: Labor: Employee Retirement Income Security Act (ERISA)
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2022 Filing 44 Appendix in Support filed by Blue Cross and Blue Shield of Texas re #42 Brief/Memorandum in Support of Motion, #41 MOTION to Dismiss Plaintiff's Amended Complaint (Kavanaugh, Brian)
September 9, 2022 Filing 43 (Document Restricted) Unopposed Motion to Leave to File Under Seal (Sealed pursuant to motion to seal) filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Proposed Order) (Kavanaugh, Brian)
September 9, 2022 Filing 42 Brief/Memorandum in Support filed by Blue Cross and Blue Shield of Texas re #41 MOTION to Dismiss Plaintiff's Amended Complaint (Kavanaugh, Brian)
September 9, 2022 Filing 41 MOTION to Dismiss Plaintiff's Amended Complaint filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Proposed Order) (Kavanaugh, Brian)
September 9, 2022 Filing 40 NOTICE of Attorney Appearance by Yolanda Cornejo Garcia on behalf of Blue Cross and Blue Shield of Texas. (Filer confirms contact info in ECF is current.) (Garcia, Yolanda)
September 7, 2022 Opinion or Order Filing 39 ORDER granting #38 Motion for Extension of Time to File Answer. Blue Cross and Blue Shield of Texas answer due 9/9/2022. (Ordered by District Judge Barbara M G M. G. Lynn on 9/7/2022) (mla)
September 2, 2022 Filing 38 Motion for Extension of Time to File Answer filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Proposed Order) (Kavanaugh, Brian)
August 29, 2022 Opinion or Order Filing 37 ORDER granting #33 Motion to allow Plaintiff to Proceed Using Initials. (Ordered by Chief Judge Barbara M. G. Lynn on 8/29/2022) (oyh)
August 29, 2022 Filing 36 NOTICE of Change of Address for Attorney Meagan Martin Powers on behalf of MCW. (Filer confirms contact info in ECF is current.) (Martin Powers, Meagan)
August 23, 2022 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time to File Answer. Blue Cross and Blue Shield of Texas answer due 9/7/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 8/23/2022) (ygl)
August 22, 2022 Filing 34 Unopposed MOTION to Extend Time to file a response pleading filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Proposed Order) (Kavanaugh, Brian) Modified on 8/23/2022 (ygl).
August 19, 2022 Filing 33 Unopposed MOTION to allow Plaintiff to Proceed Using Initials re #1 Complaint, filed by MCW. (Martin Powers, Meagan) Modified on 8/22/2022 (ygl).
August 15, 2022 Filing 32 AMENDED COMPLAINT Amended ERISA Class Action Complaint against Blue Cross and Blue Shield of Texas filed by MCW. 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) A, #2 Exhibit(s) B) (Martin Powers, Meagan)
August 4, 2022 Filing 31 Joint STATUS REPORT Regarding Scheduling Conference and Content of Scheduling Order filed by MCW. (Martin Powers, Meagan)
August 1, 2022 Opinion or Order Filing 30 ELECTRONIC ORDER granting #29 Application for Admission Pro Hac Vice of Jordan Lewis. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 8/1/2022) (chmb)
July 27, 2022 Filing 29 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jordan Lewis (Filing fee $100; Receipt number 0539-12991200) filed by MCW (Attachments: #1 Exhibit(s) Certificate of Good Standing, #2 Proposed Order proposed Order Granting PHV Application)Attorney Meagan Martin Powers added to party MCW(pty:pla) (Martin Powers, Meagan)
July 26, 2022 Filing 28 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Blue Cross and Blue Shield of Texas. (Clerk QC note: No affiliate entered in ECF). (Kavanaugh, Brian)
July 25, 2022 Filing 27 MOTION to Dismiss Plaintiff's Complaint filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Memorandum In Support, #2 Appendix, #3 Proposed Order) (Kavanaugh, Brian)
July 25, 2022 Filing 26 NOTICE of Attorney Appearance by Mehzabin Lora Chowdhury on behalf of Blue Cross and Blue Shield of Texas. (Filer confirms contact info in ECF is current.) (Chowdhury, Mehzabin)
July 25, 2022 Opinion or Order Filing 25 ELECTRONIC ORDER granting #22 , #23 , and #24 , Applications for Admission Pro Hac Vice of Derek C. Waller, Jennifer L.M. Jacobs, and David W. Asp. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 7/25/2022) (chmb)
July 20, 2022 Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12976859) filed by MCW (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Asp, David)
July 20, 2022 Filing 23 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12976789) filed by MCW (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Jacobs, Jennifer)
July 20, 2022 Filing 22 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12976566) filed by MCW (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Waller, Derek)
July 19, 2022 Opinion or Order Filing 21 ELECTRONIC ORDER granting #20 Unopposed Motion for Extension of Time to File Answer. The deadline for Defendant Blue Cross and Blue Shield of Texas to answer or otherwise respond to the Complaint is 8/2/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 7/19/2022) (chmb)
July 18, 2022 Filing 20 Motion for Extension of Time to File Answer filed by Blue Cross and Blue Shield of Texas (Attachments: #1 Proposed Order) (Kavanaugh, Brian)
July 14, 2022 Opinion or Order Filing 19 ELECTRONIC ORDER: According to the docket in this case, Defendant Blue Cross and Blue Shield of Texas's counsel does not reside or maintain a principal office in the Northern District of Texas. Within 14 days from the date of this Order, Defendant shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). (Ordered by Chief Judge Barbara M. G. Lynn on 7/14/2022) (chmb)
July 14, 2022 Opinion or Order Filing 18 ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Proposed Scheduling Order due by 8/4/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 7/14/2022) (ykp)
July 12, 2022 Filing 17 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. (sxf)
July 12, 2022 Filing 16 Case electronically transferred in from District of Texas Eastern; Case Number 4:22-cv-00362. 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.
July 12, 2022 Interdistrict transfer to the NORTHERN District of TEXAS, DALLAS Division. (baf, ) [Transferred from Texas Eastern on 7/13/2022.]
July 11, 2022 Opinion or Order Filing 15 ORDER granting #12 Motion to Transfer Venue. This case is hereby TRANSFERRED in its entirety to the Dallas Division of the United States District Court for the Northern District of Texas. Signed by District Judge Sean D. Jordan on 7/11/2022. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
July 11, 2022 Interdistrict transfer to the Northern District of Texas, Dallas Division. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
July 11, 2022 The case will be transferred to Northern District of Texas - Dallas Division 20 days from the date the Order of Transfer was entered on the docket, per Local Rule CV-83(b). (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
June 24, 2022 Opinion or Order Filing 14 ORDER granting #13 Motion to Extend Responsive Pleading Deadline. Signed by District Judge Sean D. Jordan on 6/24/2022. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
June 24, 2022 Answer Due Deadline Updated for Blue Cross and Blue Shield of Texas to 7/18/2022. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
June 23, 2022 Filing 13 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Blue Cross and Blue Shield of Texas. (Attachments: #1 Text of Proposed Order)(Kavanaugh, Brian) [Transferred from Texas Eastern on 7/13/2022.]
June 23, 2022 Filing 12 Unopposed MOTION to Change Venue and Memorandum in Support by Blue Cross and Blue Shield of Texas. (Attachments: #1 Declaration of Jennifer Freiermuth, #2 Text of Proposed Order)(Kavanaugh, Brian) [Transferred from Texas Eastern on 7/13/2022.]
June 8, 2022 Filing 11 CORPORATE DISCLOSURE STATEMENT filed by Blue Cross and Blue Shield of Texas (Kavanaugh, Brian) [Transferred from Texas Eastern on 7/13/2022.]
June 8, 2022 Filing 10 NOTICE of Attorney Appearance by Brian Patrick Kavanaugh on behalf of Blue Cross and Blue Shield of Texas (Kavanaugh, Brian) [Transferred from Texas Eastern on 7/13/2022.]
May 23, 2022 Filing 9 Defendant's Unopposed [Corrected] First Application for Extension of Time to Answer Complaint re Blue Cross and Blue Shield of Texas.( Kavanaugh, Brian) [Transferred from Texas Eastern on 7/13/2022.]
May 23, 2022 NOTICE of Deficiency regarding the #8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint submitted by Blue Cross and Blue Shield of Texas. The application exceeds the allowable number of days for extension. See Local Rule CV-12. Correction should be made by one business day. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
May 23, 2022 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Blue Cross and Blue Shield of Texas to 6/23/2022. 30 Days Granted for Deadline Extension.( rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
May 22, 2022 Filing 8 ***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Blue Cross and Blue Shield of Texas.( Kavanaugh, Brian) Modified on 5/23/2022 (rpc, ). [Transferred from Texas Eastern on 7/13/2022.]
May 10, 2022 Filing 7 NOTICE of Attorney Appearance - Pro Hac Vice by Jordan Lewis on behalf of M.C.W.. Filing fee $ 100, receipt number 0540-8908422. (Lewis, Jordan) [Transferred from Texas Eastern on 7/13/2022.]
May 3, 2022 Filing 6 NOTICE of Attorney Appearance - Pro Hac Vice by Jennifer L.M. Jacobs on behalf of M.C.W.. Filing fee $ 100, receipt number 0540-8900058. (Jacobs, Jennifer) [Transferred from Texas Eastern on 7/13/2022.]
May 3, 2022 Filing 5 NOTICE of Attorney Appearance - Pro Hac Vice by Derek C Waller on behalf of M.C.W.. Filing fee $ 100, receipt number 0540-8900051. (Waller, Derek) [Transferred from Texas Eastern on 7/13/2022.]
May 3, 2022 Filing 4 NOTICE of Attorney Appearance - Pro Hac Vice by David W Asp on behalf of M.C.W.. Filing fee $ 100, receipt number 0540-8900047. (Asp, David) [Transferred from Texas Eastern on 7/13/2022.]
May 2, 2022 Filing 3 SUMMONS Issued as to Blue Cross and Blue Shield of Texas. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
April 29, 2022 Case Assigned to District Judge Sean D. Jordan. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
April 29, 2022 In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, ) [Transferred from Texas Eastern on 7/13/2022.]
April 29, 2022 Filing 2 Additional Attachments to Main Document: #1 Complaint,.. (Powers, Meagan) [Transferred from Texas Eastern on 7/13/2022.]
April 29, 2022 Filing 1 COMPLAINT ERISA Class Action Complaint against Blue Cross and Blue Shield of Texas, A Division of Health Care Service Corporation ( Filing fee $ 402 receipt number 0540-8897338.), filed by M.C.W.. (Attachments: #1 Exhibit Exhibit A)(Powers, Meagan) [Transferred from Texas Eastern on 7/13/2022.]

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Plaintiff: MCW
Represented By: Jordan Lewis
Represented By: David W Asp
Represented By: Derek C Waller
Represented By: Jennifer L.M. Jacobs
Represented By: Meagan Martin Powers
Represented By: Jordan Matthew Lewis
Represented By: Jennifer L M Jacobs
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Defendant: Blue Cross and Blue Shield of Texas
Represented By: Brian P Kavanaugh
Represented By: Mehzabin Lora Chowdhury
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