J. v. BlueCross BlueShield of Texas et al
| William J. |
| Bluecross Blueshield of Texas, Texas Instruments and TI Welfare Benefits Plan |
| 3:2022cv01919 |
| August 30, 2022 |
| US District Court for the Northern District of Texas |
| A Joe Fish |
| Labor: Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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Filing 48
MOTION to Dismiss filed by Bluecross Blueshield of Texas with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Deegan, Robert)
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Filing 47
Appendix in Support filed by TI Welfare Benefits Plan, Texas Instruments re #46 MOTION to Dismiss and Brief in Support (Hays, Jeremy)
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Filing 46
MOTION to Dismiss and Brief in Support filed by TI Welfare Benefits Plan, Texas Instruments with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hays, Jeremy)
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Filing 45
ORDER granting #42 Motion to Reopen Case. It is therefore ORDERED that this case is REOPENED. It is further ORDERED that counsel for the plaintiff are to review the en banc decision of this court in Dondi Properties Corporation v. Commerce Savings and Loan Association, 121 F.R.D. 284 (N.D. Tex. 1988) (per curiam) (standards of litigation conduct), the Federal Rules of Civil Procedure, and the Local Civil Rules. Failure of counsel to comply with this court's orders will result in dismissal of this case without further notice. (Ordered by Senior Judge A. Joe Fish on 9/29/2022) (ykp)
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Filing 44
Order Unfiling #43 Application for Admission Pro Hac Vice due to the following deficiency: Leave required. (Ordered by Senior Judge A. Joe Fish on 9/29/2022) (axm)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:44. Thu Sep 29 15:21:47 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:45. Thu Sep 29 16:07:25 CDT 2022 (crt)
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Filing 43
***UNFILED PER #44 ORDER*** Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Kathleen J. Abke (Filing fee $100; Receipt number ATXNDC-13185262) filed by William J. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Raval, Amar) Modified on 9/29/2022 (axm).
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Filing 42
MOTION to Reopen Case filed by William J. (Raval, Amar)
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Filing 41
ELECTRONIC ORDER: Before the court is the plaintiff's amended notice of appearance of local counsel and for leave from Local Rule 83.10 (docket entry 40). The court construes the pleading as a motion for leave to proceed without designation of local counsel. So construed, the motion is GRANTED. The plaintiff may proceed without designation of local counsel in this matter. (Ordered by Senior Judge A. Joe Fish on 9/27/2022) (chmb)
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Filing 40
AMENDED NOTICE of Attorney Appearance by Amar B Raval on behalf of William J.. (Filer confirms contact info in ECF is current.) (Attachments: #1 Proposed Order) (Raval, Amar) Modified text on 9/28/2022 (ygl).
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Filing 39
ELECTRONIC ORDER: The plaintiff was ordered to file the entry of appearance of local counsel by September 23, 2022 (docket entry 24). No such appearance having been filed, this case is dismissed without prejudice. Rule 16(f)(1)(C), F.R. Civ. P. (Ordered by Senior Judge A. Joe Fish on 9/27/2022) (chmb)
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Filing 38
ELECTRONIC ORDER: On September 1, 2022, the court issued an order regarding the status of Savanna Jones, 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 Savanna Jones 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 9/27/2022) (chmb)
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Filing 37
ELECTRONIC ORDER: On September 1, 2022, the court issued an order regarding the status of Kathleen J. Abke, 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 Kathleen J. Abke 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 9/27/2022) (chmb)
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Civil case terminated. (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 41 Tue Sep 27 22:20:07 CDT 2022 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. NEF of document 35 & 36 Mon Sep 26 09:47:00 CDT 2022 (crt) Modified document numbers on 9/26/2022 (axm).
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Filing 36
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Robert Deegan (docket entry 34). It is ORDERED that the application of Robert Deegan 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 9/25/2022) (chmb)
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Filing 35
ELECTRONIC ORDER: The court has considered the application of admission pro hac vice of Rebecca R. Hanson (docket entry 33). It is ORDERED that the application of Rebecca R. Hanson 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 9/25/2022) (chmb)
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Filing 34
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robert Deegan (Filing fee $100; Receipt number ATXNDC-13170531) filed by Bluecross Blueshield of Texas (Attachments: #1 Proposed Order) (Fontenot, Jordan)
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Filing 33
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Rebecca Hanson (Filing fee $100; Receipt number ATXNDC-13170479) filed by Bluecross Blueshield of Texas (Attachments: #1 Proposed Order) (Fontenot, Jordan)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Thu Sep 22 14:39:04 CDT 2022 (crt)
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Filing 32
ELECTRONIC ORDER: The defendants' second unopposed motion for extension of time to answer or otherwise respond (docket entry 31) is GRANTED. The defendants shall answer or otherwise respond no later than October 11, 2022. (Ordered by Senior Judge A. Joe Fish on 9/21/2022) (chmb)
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Filing 31
Second Unopposed Motion for Extension of Time to File Answer or Otherwise Respond (Unopposed) filed by Bluecross Blueshield of Texas, TI Welfare Benefits Plan, Texas Instruments (Attachments: #1 Proposed Order) (Hays, Jeremy) Modified text on 9/21/2022 (ygl).
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Filing 30
NOTICE of Attorney Appearance by Jordan Lee Fontenot on behalf of Bluecross Blueshield of Texas. (Filer confirms contact info in ECF is current.) (Fontenot, Jordan)
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Filing 29
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by William J.. (Clerk QC note: No affiliate entered in ECF). (Raval, Amar)
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Filing 28
NOTICE of Attorney Appearance by Amar B Raval on behalf of William J.. (Filer confirms contact info in ECF is current.) (Raval, Amar)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:27. Tue Sep 6 09:31:15 CDT 2022 (crt)
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Filing 27
ELECTRONIC ORDER: The defendants' unopposed motion for extension of time to answer or otherwise respond (docket entry 26) is GRANTED. The defendants shall answer or otherwise respond no later than October 3, 2022. (Ordered by Senior Judge A. Joe Fish on 9/2/2022) (chmb)
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Filing 26
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond filed by Bluecross Blueshield of Texas, TI Welfare Benefits Plan Attorney Jeremy William Hays added to party Bluecross Blueshield of Texas(pty:dft) (Hays, Jeremy)
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Filing 25
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, no later than September 23, 2022, the defendant BlueCross BlueShield of Texas shall file the entry of appearance of local counsel satisfying the requirements of Local Rule 83.10(a). Failure to do so will subject the defendant BlueCross BlueShield of Texas to the entry of default judgment without further notice. (Ordered by Senior Judge A. Joe Fish on 9/1/2022) (chmb)
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Filing 24
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, no later than September 23, 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 9/1/2022) (chmb)
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Filing 23
ELECTRONIC ORDER: On June 16, 2022, the plaintiff filed a complaint in this case but did not provide the clerk with a certificate of interested persons.* N.D. Tex. Civ. R. 3.1(c) and 3.2(e) requires that "[w]hen a complaint is filed, the plaintiff must provide the clerk with... a separately signed certificate of interested persons that contains a complete list of all persons, associations of persons, firms, partnerships, corporations, guarantors, insurers, affiliates, parent or subsidiary corporations, or other legal entities who or which are financially interested in the outcome of the case. If a large group of persons or firms can be specified by a generic description, individual listing is not necessary." Accordingly, no later than September 15, 2022, the plaintiff must comply with Rule 3.1(c) or 3.2(e) so that the court can ensure that recusal is not required in this case. (*On August 30, 2022, the case was transferred to this court.) (Ordered by Senior Judge A. Joe Fish on 9/1/2022) (chmb)
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Filing 22
ELECTRONIC ORDER: Rebecca R. Hanson ("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 September 23, 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 9/1/2022) (chmb)
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Filing 21
ELECTRONIC ORDER: Savanna Jones ("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 September 23, 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 9/1/2022) (chmb)
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Filing 20
ELECTRONIC ORDER: Kathleen J. Abke ("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 September 23, 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 9/1/2022) (chmb)
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Filing 19
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 Horan). Clerk to provide copy to plaintiff if not received electronically. (mlb)
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Filing 18
Case electronically transferred in from District of Utah; Case Number 2:22-cv-00407. 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. Modified file date on 8/31/2022 (mlb).
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Filing 17
ORDER granting #16 Motion to Change Venue - William J. v. BlueCross BlueShield of Texas, No. 2:22-cv-00407, will be transferred to the United States District Court for the Northern District of Texas. Signed by Judge David Barlow on 08/30/2022. (jl) [Transferred from Utah on 8/31/2022.]
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Filing 16
First MOTION to Change Venue and Memorandum in Support filed by Plaintiff William J.. (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 15
DOCKET TEXT ORDER. In their #12 Motion to Change Venue, Plaintiffs purport to have obtained consent from Defendants. However, the motion is signed by Plaintiffs' counsel only. To consider the motion, the court requires signatures from all Defendants (BlueCross BlueShield of Texas, Texas Instruments, and TI Welfare Benefits Plan). Signed by Judge David Barlow on 8/24/22. (cfm) [Transferred from Utah on 8/31/2022.]
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Filing 14
Case Reassigned to District Judge per docket text order 13 . Case randomly assigned to Judge David Barlow. Magistrate Judge Dustin B. Pead no longer assigned to the case. (alf) [Transferred from Utah on 8/31/2022.]
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Filing 13
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. In light of the parties' pending, stipulated Motion to Change Venue #12 , the court ORDERS that this case be reassigned to a District Court Judge through random reassignment. Signed by Magistrate Judge Dustin B. Pead on 08/05/2022. [Transferred from Utah on 8/31/2022.]
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Filing 12
MOTION to Change Venue filed by Plaintiff William J.. (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 11
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Jeremy Hays, Eric Matheson, for Defendants TI Welfare Benefits Plan, Texas Instruments. (alf) [Transferred from Utah on 8/31/2022.]
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Filing 10
WAIVER OF SERVICE Returned Executed filed by William J. as to BlueCross BlueShield of Texas Waiver sent on 7/6/2022, answer due 9/6/2022. (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 9
WAIVER OF SERVICE Returned Executed filed by William J. as to TI Welfare Benefits Plan Waiver sent on 7/6/2022, answer due 9/6/2022. (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 8
WAIVER OF SERVICE Returned Executed filed by William J. as to Texas Instruments Waiver sent on 7/6/2022, answer due 9/6/2022. (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Texas Instruments. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) [Transferred from Utah on 8/31/2022.]
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to TI Welfare Benefits Plan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) [Transferred from Utah on 8/31/2022.]
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to BlueCross BlueShield of Texas. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (ks) [Transferred from Utah on 8/31/2022.]
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Filing 4
ORDER TO PROPOSE SCHEDULE - Plaintiff(s) must propose a discovery schedule to defendant(s) in the form of a draft Attorney Planning Meeting Report within twenty-one (21) days after any defendant has been served or any defendant has appeared, unless any party is appearing pro se. See order for additional instructions. Signed by Magistrate Judge Dustin B. Pead on 06/17/2022. (jl) [Transferred from Utah on 8/31/2022.]
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Filing 3
EXHIBITS filed by William J.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4364959) filed by William J.. Assigned to Magistrate Judge Dustin B. Pead (Abke, Kathleen) [Transferred from Utah on 8/31/2022.]
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Filing 1
Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Plaintiff William J. is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh) [Transferred from Utah on 8/31/2022.]
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