The Belchman Group v. Health Care Service Corporation
| The Belchman Group, LLC d/b/a Amity Home Health, LLC and The Belchman Group, LLC doing business as Amity Home Health, LLC |
| Health Care Service Corporation, A Mutual Legal Reserve Company d/b/a Bluecross Blueshield of Illinois an Illinois Corporation d/b/a Blue Cross and Blue Shield of Texas, A Texas Corporation and Health Care Service Corporation A Mutual Legal Reserve Company doing business as BlueCross BlueShield of Illinois doing business as Blue Cross and Blue Shield of Texas |
| 4:2022cv02779 |
| August 16, 2022 |
| US District Court for the Southern District of Texas |
| Charles Eskridge |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on August 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 12
ORDER ON PROPOSED STIPULATED ORDER FOR DISPUTE RESOLUTION re: #9 Stipulation. Case terminated on 08/26/2022.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 11 NOTICE of Transfer. Case reassigned to Judge Charles Eskridge for the following reason: By agreement of judges. Judge Alfred H Bennett no longer assigned to the case. Parties notified, filed. (ledwards, 4) |
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Filing 10
MINUTE ENTRY AND ORDER: Minute entry for proceedings before Judge Charles Eskridge by video conference on August 23, 2022. Continuation of MOTION HEARING. All parties represented by counsel. The parties noted their stipulation of dismissal without prejudice. See Dkt 9. An order will follow. Appearances: Mark Eldredge Price f/ Plaintiff; Peter John Chassman f/ Defendant. Ct Reporter: ERO. (Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 9 STIPULATION re: Dispute Resolution by Health Care Service Corporation, filed. (Attachments: #1 Proposed Order)(Chassman, Peter) |
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Filing 8
MINUTE ENTRY AND ORDER: Minute entry for proceedings before Judge Charles Eskridge by video conference on August 22, 2022. MOTION HEARING. All parties represented by counsel. The Court addressed the motion to dismiss or compel alternative dispute resolution and dissolve temporary restraining order by Defendant Health Care Service Corporation. Dkt 2. The motion is still under advisement. The state-court TRO was interpreted to pertain only to recoupment practices by Defendants going forward and not as to return of recoupment that has already occurred. The TRO was also interpreted as expiring August 23, 2022, at 11:59 pm. See Dkt 2-2. The Court disclosed that the Judge's insurance carrier is Blue Cross Blue Shield Federal Employee Program. Prompt consideration has been given to whether recusal is required. It isnt. See Christiansen v National Saving & Trust Co, 683 F2d 520, 52526 (DC Cir 1982); Lakeland Anesthesia Inc v Louisiana Health Service & Indemnification Co, 2000 WL 113465 (ED LA 2000). Any party with a concern must promptly submit a filing in that regard. The parties were ORDERED to confer on the potential for mediation and arbitration of the claims at issue, including on the ability of emergency relief to be obtained before an arbitral tribunal. The parties were further ORDERED to submit, to the extent possible and where agreed, potential stipulations as to how the parties may proceed toward mediation and arbitration, along with any agreed stipulation as to identification and maintenance of a status quo ante. Such filing must be made by noon on August 23, 2022. Further hearing set for August 23, 2022, at 3:30 pm. Appearances: Mark Eldredge Price f/ Plaintiff; Martin Bishop and Peter John Chassman f/ Defendant. Ct Reporter: ERO. Motion Hearing set for 8/23/2022 at 03:30 PM by video before Judge Charles Eskridge(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4)
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| Filing 7 NOTICE of Appearance by Peter J. Chassman and Martin J. Bishop on behalf of Health Care Service Corporation, filed. (Chassman, Peter) |
| Filing 6 NOTICE of Setting. Parties notified. Motion Hearing set for 8/22/2022 at 10:30 AM by video before Judge Charles Eskridge, filed. (jengonzalez, 4) |
| Filing 5 PROPOSED ORDER re: #4 Response in Opposition to Motion, filed.(Price, Mark) |
| Filing 4 RESPONSE in Opposition to #2 MOTION to Dismiss MOTION to Compel Alternative Dispute Resolution, and Dissolve Temporary Restraining Order, filed by The Belchman Group, LLC. (Price, Mark) |
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Filing 3
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/9/2022 at 09:00 AM in Courtroom 9A before Judge Alfred H Bennett. (Signed by Judge Alfred H Bennett) Parties notified.(AkeitaMichael, 4)
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| Filing 2 MOTION to Dismiss , MOTION to Compel Alternative Dispute Resolution, and Dissolve Temporary Restraining Order( Motion Docket Date 9/6/2022.) by Health Care Service Corporation, A Mutual Legal Reserve Company d/b/a Bluecross Blueshield of Illinois an Illinois Corporation d/b/a Blue Cross and Blue Shield of Texas, A Texas Corporation, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Blount, Cheryl) |
| Filing 1 NOTICE OF REMOVAL from 149th Judicial District Court of Brazoria County, Texas, case number 119051-CV (Filing fee $ 402 receipt number ATXSDC-28629434) filed by Health Care Service Corporation, A Mutual Legal Reserve Company d/b/a Bluecross Blueshield of Illinois an Illinois Corporation d/b/a Blue Cross and Blue Shield of Texas, A Texas Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Blount, Cheryl) |
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| Plaintiff: The Belchman Group, LLC d/b/a Amity Home Health, LLC | |
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| Plaintiff: The Belchman Group, LLC doing business as Amity Home Health, LLC | |
| Represented By: | Mark Eldredge Price |
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| Defendant: Health Care Service Corporation, A Mutual Legal Reserve Company d/b/a Bluecross Blueshield of Illinois an Illinois Corporation d/b/a Blue Cross and Blue Shield of Texas, A Texas Corporation | |
| Represented By: | Cheryl L Blount |
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| Defendant: Health Care Service Corporation A Mutual Legal Reserve Company doing business as BlueCross BlueShield of Illinois doing business as Blue Cross and Blue Shield of Texas | |
| Represented By: | Martin James Bishop |
| Represented By: | Peter John Chassman |
| Represented By: | Travis Roman Reed |
| Represented By: | Cheryl L Blount |
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