S J Associated Pathologists, P.L.L.C. v. CIGNA Healthcare of Texas Inc et al
| S J Associated Pathologists, P.L.L.C. |
| CIGNA Health and Life Insurance Company, Insight Labs, LLC, Justin Simons, Sim-Meds, Inc., CIGNA Healthcare of Texas Inc and Connecticut General Life Insurance Company |
| 4:2020cv00493 |
| February 13, 2020 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Securities/Commodities |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Filing 30 APPEAL TRANSCRIPT re Motion Hearing held on February 21, 2020 before Judge Keith P Ellison. Court Reporter/Transcriber Mayra Malone. Ordering Party: Theresa Wanat. This transcript relates to the following: #13 AO435 Transcript Request, #26 Appeal Transcript Request,. Release of Transcript Restriction set for 7/9/2020., filed. (mmalone, ) |
| Filing 29 Fifth Circuit Court of Appeals LETTER advising Charles Dunham, IV to file corrected order forms on or before April 23, 2020, filed.(jtabares, 1) |
| Notice of Assignment of USCA No. 20-20188 re: #25 Notice of Appeal - Amended, filed.(dnoriega, 1) |
| Notice of Assignment of USCA No. 20-20188 re: #25 Notice of Appeal - Amended, filed. (rnieto, 1) |
| Filing 28 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #25 Notice of Appeal - Amended. Fee status: Paid. Reporter(s): M. Malone and F. Warner, filed. (Attachments: #1 Notice of Appeal) (jtabares, 1) |
| Appeal Review Notes re: #25 Notice of Appeal - Amended. Fee status: Paid. The appeal filing fee has been paid.Hearings were held in the case. DKT13 transcript order forms have been filed.(jtabares, 1) |
| Appeal Remark re: #25 Notice of Appeal - Amended. Pending the filing of appeal transcripts re: #26 Motion Hearing 2/21/20; #27 Motion Hearing 2/28/20, filed.(jtabares, 1) |
| Filing 27 DKT13 TRANSCRIPT ORDER REQUEST by SJ Associated Pathologists, P. L. L. C. Transcript is already on file in Clerks office regarding Motion Hearing held on 02/28/20 before Judge Keith P. Ellison. (A transcript is requested). Court Reporter/Transcriber: Fred Warner. This order form relates to the following: Motion Hearing,,, filed. (Dunham, Charles) |
| Filing 26 DKT13 TRANSCRIPT ORDER REQUEST by SJ Associated Pathologists, P.L.L.C. Transcript is already on file in Clerks office regarding Motion Hearing held on 02/21/20 before Judge Keith P. Ellison. (A transcript is requested). Court Reporter/Transcriber: Mayra Malone. This order form relates to the following: Motion Hearing,,, filed. (Dunham, Charles) |
| Filing 25 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by S J Associated Pathologists, P.L.L.C., (0541-24481961) filed.(Dunham, Charles) |
| Filing 24 AO 435 TRANSCRIPT REQUEST by Theresa Wanat for Transcript of 02/28/2020. Expedited (7 days) turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Wanat, Theresa) |
| Filing 23 REPLY in Support of #8 Opposed MOTION to Vacate, filed by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company. (Attachments: #1 Exhibit A)(Wanat, Theresa) |
| Filing 22 REPLY to #19 Brief,, on the Court's Jurisdiction and The Applicability of the Arbitration Provision, filed by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wanat, Theresa) |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 2/28/2020 For the reasons stated on the record, #17 Motion to Compel Arbitration is GRANTED. The case is DISMISSED WITHOUT PREJUDICE in favor of arbitration. #16 Motion to Remand and #8 Opposed Motion to Vacate are DENIED AS MOOT. Appearances: Paul Martin Sullivan, Eric Jonathan Rhine for Pltf. andTheresa Marie Wanat, Jody Lynn Rudman and Jason Huebinger for Deft. (Court Reporter: F. Warner), filed.(jguajardo, 4) |
| Filing 21 RESPONSE in Opposition to #8 Opposed MOTION to Vacate, filed by S J Associated Pathologists, P.L.L.C.. (Attachments: #1 Exhibit A - Notice of Interlocutory Appeal, #2 Exhibit B-Defendants' Motion to Stay, #3 Exhibit C-Order Denying Motion to Stay, #4 Exhibit D-Notice of Removal of State Court Action, #5 Exhibit E-Notice of Appeal, #6 Exhibit F-Notice of Removal, #7 Exhibit G-Motion to Abate, #8 Exhibit H-Docket of First Court of Appeals, #9 Appendix)(Dunham, Charles) |
| Filing 20 RESPONSE to #16 MOTION to Remand filed by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Order Proposed Order)(Wanat, Theresa) |
| Filing 19 BRIEF on the Court's Jurisdiction and the Applicability of the Arbitration Provision re: Motion Hearing,, #17 MOTION to Compel Arbitration by S J Associated Pathologists, P.L.L.C., filed. (Attachments: #1 Exhibit A -Notice Invoking Arbitration, #2 Exhibit B-Defendants Notice of Interlocutory Appeal, #3 Exhibit C-First Court of Appeals Docket for Cause No. 01-20-00025-CV, #4 Exhibit D-Order Denying Emergency Motion to Stay, #5 Exhibit E-Notice of Removal of State Court Action, #6 Exhibit F-Appellants Reply in Support of its Emergency Motion to Stay, #7 Appendix G-1 through G-9 Cases)(Dunham, Charles) |
| Filing 18 NOTICE of Appearance by Jason Huebinger on behalf of CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company, filed. (Wanat, Theresa) |
| Filing 17 MOTION to Compel Arbitration by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company, filed. Motion Docket Date 3/18/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Proposed Order)(Wanat, Theresa) |
| Filing 16 MOTION to Remand by S J Associated Pathologists, P.L.L.C., filed. Motion Docket Date 3/18/2020. (Attachments: #1 Proposed Order)(Rhine, Eric) |
| Filing 15 NOTICE of Appearance by Paul M. Sullivan on behalf of S J Associated Pathologists, P.L.L.C., filed. (Sullivan, Paul) |
| Filing 14 NOTICE of Dismissal as to Insight Labs, LLC, Sim-Meds, Inc., Justin Simons by S J Associated Pathologists, P.L.L.C., filed. (Rhine, Eric) |
| Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 2/21/2020. For the reasons stated on the record, the state courts temporary injunction is STAYED. Parties are ordered to submit briefing on the Courts subject matter jurisdiction and on the applicability of the arbitration agreement by noon on 2/27/2020. Motion Hearing set for 2/28/2020 at 03:00 PM in Courtroom 3A Houston before Judge Keith P Ellison Appearances:Charles Jeremiah, David Hornbeck. Theresa Marie Wanat, Danielle Antonia Gilbert, Charles Clarence Dunham, IV, Eric Jonathan Rhine.(Court Reporter: M. Malone)(Law Clerk: J. Zhang), filed.(arrivera, 4) |
| Filing 13 AO 435 TRANSCRIPT REQUEST by Theresa Wanat for Transcript of Hearing on Defendants Motion to Vacate, February 21, 2020, Judge Keith Ellison. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Mayra Malone, filed. (Wanat, Theresa) |
| Filing 12 CERTIFICATE OF INTERESTED PARTIES by S J Associated Pathologists, P.L.L.C., filed.(Rhine, Eric) |
| Filing 11 Correspondence to the Court Regarding Corrected Exhibits by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company, filed. (Attachments: #1 Exhibit 5, #2 Exhibit 8)(Wanat, Theresa) |
| Filing 10 NOTICE of Appearance by Charles C. Dunham on behalf of S J Associated Pathologists, P.L.L.C., filed. (Dunham, Charles) |
| Filing 9 NOTICE of Setting as to #8 Opposed MOTION to Vacate. Parties notified. Motion Hearing set for 2/21/2020 at 03:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (arrivera, 4) |
| Filing 8 Opposed MOTION to Vacate by CIGNA Health and Life Insurance Company, CIGNA Healthcare of Texas Inc, Connecticut General Life Insurance Company, filed. Motion Docket Date 3/13/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Proposed Order)(Wanat, Theresa) |
| Filing 7 NOTICE of Appearance by Eric J Rhine on behalf of S J Associated Pathologists, P.L.L.C., filed. (Rhine, Eric) |
| Filing 6 NOTICE of Appearance by Lorinda Holloway and Danielle Gilbert on behalf of Insight Labs, LLC, Sim-Meds, Inc., Justin Simons, filed. (Holloway, Lorinda) |
| Filing 5 MOTION to Dismiss Plaintiff's First Amended Petition by Insight Labs, LLC, Sim-Meds, Inc., Justin Simons, filed. Motion Docket Date 3/6/2020. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Rudman, Jody) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES by Insight Labs, LLC, Sim-Meds, Inc., Justin Simons, filed.(Rudman, Jody) |
| Filing 3 Certificate of Service in Removed Action by Insight Labs, LLC, Sim-Meds, Inc., Justin Simons, filed.(Rudman, Jody) |
Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/10/2020 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ckrus, 4)
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| Filing 1 NOTICE OF REMOVAL from 190th Judicial District Court of Harris County, Texas, case number 2019-79138 (Filing fee $ 400 receipt number 0541-24179532) filed by Sim-Meds, Inc., Insight Labs, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Index of Matters Being Filed, #3 Exhibit Index of State Court File, #4 Exhibit Docket Sheet, #5 Exhibit Plaintiff's Original Petition, #6 Exhibit Order Denying TRO, #7 Exhibit Defendant Cigna Healthcare of Texas, Inc.'s Answer, #8 Exhibit Plaintiff's First Amended Petition, #9 Exhibit Defendant Connecticut General Life Insurance Company's Answer, #10 Exhibit Defendant Cigna Health and Life Insurance Company's Answer, #11 Exhibit Order Denying Motion to Compel Arbitration and Motion for Severance, #12 Exhibit Defendants' Response to Plaintiff's Request for TI, #13 Exhibit Affidavit of Service for Justin Simons, #14 Exhibit Defendants' Brief Regarding Plaintiff's Lack of Irreparable Harm, #15 Exhibit Plaintiff's Brief in Support of Its Request for TI, #16 Exhibit Defendants' Response to Plaintiff's Brief, #17 Exhibit Rule 11 Agreement, #18 Exhibit Docket Control Order, #19 Exhibit List of All Counsel of Record, #20 Exhibit Justin Simons' Consent to Removal, #21 Exhibit Cigna Defendants' Consent to Removal, #22 Supplement Rule 7.1 Disclosure Statement)(Rudman, Jody) |
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