Medical Center Ear, Nose and Throat Associates of Houston, PLLC v. Cigna Healthcare of Texas, Inc.
Plaintiff: MEDICAL CENTER EAR, NOSE AND THROAT ASSOCIATES OF HOUSTON, PLLC
Defendant: Cigna Healthcare of Texas, Inc.
Case Number: 4:2023cv02188
Filed: June 14, 2023
Court: US District Court for the Southern District of Texas
Presiding Judge: Lee H Rosenthal
Nature of Suit: Contract: Other
Cause of Action: 29 U.S.C. § 1451 E.R.I.S.A.
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 5, 2023 Filing 24 SETTLEMENT AGREEMENT Rule 11 by Medical Center Ear, Nose and Throat Associates of Houston, PLLC, filed.(Shaw, Diane)
July 5, 2023 Opinion or Order Filing 23 ORDER OF DISMISSAL entered Granting #22 First MOTION to Dismiss without Prejudice. The injunction hearing set for July 7 is canceled. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
July 3, 2023 Filing 22 First MOTION to Dismiss without Prejudice by Medical Center Ear, Nose and Throat Associates of Houston, PLLC, filed. Motion Docket Date 7/24/2023. (Attachments: #1 Proposed Order Granting Plaintiff's Motion to Dismiss without Prejudice)(Shaw, Diane)
June 29, 2023 Filing 21 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Motion hearing and evidentiary hearing held on June 29, 2023. The court heard argument on the motion to dismiss and began an evidentiary hearing on the preliminary injunction. The court will resume the evidentiary hearing on July 5, 2023, at 10:00 a.m. by Zoom. Appearances: Kalvin Wiar. for Pltf. and Kyle Ferachi/Daniel Ryan for Deft.(Court Reporter: L. Smith), filed.(leddins, 4)
June 29, 2023 Filing 20 NOTICE of Appearance by Kalvin B. Wiar on behalf of Medical Center Ear, Nose and Throat Associates of Houston, PLLC, filed. (Wiar, Kalvin)
June 29, 2023 ***Set/Reset Hearings: Injunction Hearing set for 7/5/2023 at 10:00 AM by video before Judge Lee H Rosenthal (leddins, 4)
June 28, 2023 Filing 19 RESPONSE to #9 MOTION to Dismiss #1 Complaint or Alternative Stay and Compel Arbitration filed by Medical Center Ear, Nose and Throat Associates of Houston, PLLC. (Shaw, Diane)
June 28, 2023 Filing 18 RESPONSE to #1 Complaint Application for Temporary & Permanent Injunctive Relief Pending Arbitration, filed by Cigna Healthcare of Texas, Inc.. (Attachments: #1 Proposed Order Order)(Ferachi, Kyle)
June 27, 2023 Filing 17 Witness List by Cigna Healthcare of Texas, Inc.(Ferachi, Kyle)
June 27, 2023 Filing 16 Exhibit List by Cigna Healthcare of Texas, Inc.(Ferachi, Kyle)
June 27, 2023 Filing 15 Witness List by Medical Center Ear, Nose and Throat Associates of Houston, PLLC(Shaw, Diane)
June 27, 2023 Filing 14 Exhibit List by Medical Center Ear, Nose and Throat Associates of Houston, PLLC(Shaw, Diane)
June 27, 2023 Filing 13 First MOTION to Supplement Application for Temporary and Permanent Injunctive Relief Pending Arbitration by Medical Center Ear, Nose and Throat Associates of Houston, PLLC, filed. Motion Docket Date 7/18/2023. (Shaw, Diane)
June 23, 2023 Opinion or Order Filing 12 ORDER entered: This case is set for a preliminary injunction hearing on June 29, 2023. Since that setting, the defendant has filed a motion to dismiss or, in the alternative, a motion to stay and compel arbitration. (Docket Entry No. 9). The court will hear argument on the motion to dismiss at the June 29th hearing. The plaintiff must file its response to the motion no later than June 28, 2023. The hearing will occur at 1:00 PM on June 29, 2023, by Zoom. A Zoom link will be sent separately. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)
June 22, 2023 Opinion or Order Filing 11 ORDER granting #10 Motion for Daniel K. Ryan to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Lee H Rosenthal) Parties notified.(JacquelineMata, 4)
June 22, 2023 Filing 10 MOTION for Daniel K. Ryan to Appear Pro Hac Vice by Cigna Healthcare of Texas, Inc., filed. Motion Docket Date 7/13/2023. (Ferachi, Kyle)
June 21, 2023 Filing 9 MOTION to Dismiss #1 Complaint or Alternative Stay and Compel Arbitration by Cigna Healthcare of Texas, Inc., filed. Motion Docket Date 7/12/2023. (Attachments: #1 Proposed Order)(Ferachi, Kyle)
June 17, 2023 Filing 8 Minute entry for proceedings before the Hon. Lee H. Rosenthal. Hearing on temporary restraining order held on June 17, 2023. The court conferred with counsel for the plaintiff. The motion for a temporary restraining order, (Docket Entry No. 2), is denied. The court will hear argument on whether a preliminary injunction should be entered on June 29, 2023, at 1:00 PM in Courtroom 11B. Both sides must file witness and exhibit lists by June 27, 2023. Appearances: Diane K Shaw/Kevin Wiar for Pltf. and No appearance by Deft. (Court Reporter: G. Dye), filed.(leddins, 4)
June 16, 2023 Filing 7 NOTICE of Setting. Parties notified. TRO Motion Hearing set for 6/17/2023 at 11:45 AM by video before Judge Lee H Rosenthal, filed. A Zoom link will be provided. (leddins, 4)
June 16, 2023 Filing 6 Summons Issued as to Cigna Healthcare of Texas, Inc.. Issued summons delivered to plaintiff by NEF, filed.(HortenciaLerma, 4)
June 15, 2023 Filing 5 Request for Issuance of Summons as to Cigna Healthcare of Texas, Inc., filed.(Shaw, Diane)
June 15, 2023 Opinion or Order Filing 4 ORDER Scheduling Rule 16 Conference With the Court and Setting Out the Requirements for Initial Pretrial Work. Initial Conference set for 9/15/2023 at 10:00 AM by video before Judge Lee H Rosenthal. (Signed by Judge Lee H Rosenthal) (Attachments: #1 Attachments) Parties notified.(RebeccaBecknal, 4)
June 15, 2023 Filing 3 PROPOSED ORDER Granting Plaintiffs Application for Temporary Restraining Order, filed.(Shaw, Diane)
June 15, 2023 Filing 2 First MOTION to Supplement Application for Temporary Restraining Order and Temporary, MOTION for Temporary Restraining Order( Motion Docket Date 7/6/2023.) by MEDICAL CENTER EAR, NOSE AND THROAT ASSOCIATES OF HOUSTON, PLLC, filed. (Shaw, Diane)
June 14, 2023 Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-30069707) filed by MEDICAL CENTER EAR, NOSE AND THROAT ASSOCIATES OF HOUSTON, PLLC.(Shaw, Diane)

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Plaintiff: MEDICAL CENTER EAR, NOSE AND THROAT ASSOCIATES OF HOUSTON, PLLC
Represented By: Diane K Shaw
Represented By: Kalvin Bruce Wiar
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Defendant: Cigna Healthcare of Texas, Inc.
Represented By: Daniel K. Ryan
Represented By: Kyle A. Ferachi
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