B. v. Anthem Life and Health Insurance et al
| Eric B. |
| Anthem Life and Health Insurance, Blue Cross of California doing business as Anthem Blue Cross, Anthem UM Services, Intel Corporation Health and Welfare Plan, The and Intel |
| 1:2022cv00059 |
| April 15, 2022 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Labor: E.R.I.S.A. |
| 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 May 8, 2023. A more recent docket listing may be available from PACER.
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Filing 40
DOCKET TEXT ORDER DISMISSING CASE in light of #39 Joint Stipulation for Dismissal with Prejudice. Case closed. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 5/8/23. (dle)
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| Filing 39 STIPULATION of Dismissal JOINT STIPULATION OF DISMISSAL WITH PREJUDICE by Intel, Intel Corporation Health and Welfare Plan, The. (Pridgen, Nancy) |
| Filing 38 NOTICE of Settlement JOINT NOTICE OF SETTLEMENT by Intel, Intel Corporation Health and Welfare Plan, The (Pridgen, Nancy) |
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Filing 37
ORDER granting #36 Joint Motion for Extension of Time for Dispositive Motion Deadline and request for a scheduling conference deadline. Signed by Magistrate Judge Dustin B. Pead on 2/7/23 (alt)
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| Reset Deadlines per #37 Order: Dispositive Motions due by 3/30/2023 (alt) |
| Filing 36 Joint MOTION for Extension of Time of the dispositive motion deadline and Memorandum in Support filed by Defendants Intel, Intel Corporation Health and Welfare Plan, The. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Dustin B. Pead.(Moon, M.) |
| Filing 35 ANSWER to #11 Amended Complaint filed by Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California.(Marigoni, Nathan) |
| Filing 34 ANSWER to Complaint #11 Plaintiff's Amended Complaint filed by Intel, Intel Corporation Health and Welfare Plan, The.(Pridgen, Nancy) |
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Filing 33
ORDER granting #32 Consent Motion to Extend Time for Defendants to Respond to #11 Amended Complaint: The deadline for Defendants to respond is hereby extended to January 17, 2023. Signed by Magistrate Judge Dustin B. Pead on 1/3/23. (dla)
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| Filing 32 Consent MOTION for Extension of Time to File Answer re #11 Amended Complaint filed by Defendants Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Marigoni, Nathan) |
| Filing 31 Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 12/20/2022 re #22 Partial MOTION to Dismiss and Memorandum in Support filed by Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California, #23 Partial MOTION to Dismiss for Failure to State a Claim filed by Intel, Intel Corporation Health and Welfare Plan. All parties appearing via video conference. Court heard argument and for reasons stated on the record grants #22 Partial Motion to Dismiss and grants #23 Partial Motion to Dismiss for Failure to State a Claim. Written Order to follow oral order: No. Attorney for Plaintiff: Kathleen Abke, Attorney for Defendant: Callan Stein, Wheaton Webb, Nathan Marigoni. Court Reporter: Teena Green. (Time Start: 11:00, Time End: 11:45, Room: zoom video.) (mlp) |
| Filing 30 NOTICE OF HEARING ON MOTIONS re: #22 MOTION to Dismiss and Memorandum in Support , #23 MOTION to Dismiss for Failure to State a Claim : (Notice generated by HCN chambers). Motion Hearing set for 12/20/2022 at 11:00 AM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Howard C. Nielson, Jr. (mlp) |
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Filing 29
ORDER granting #28 Motion for Amended Scheduling Order. Amended Pleadings due by 11/11/2022. Joinder of Parties due by 11/11/2022. Fact Discovery due by 1/12/2023. Motions due by 2/11/2023. Signed by Magistrate Judge Dustin B. Pead on 10/7/22 (alt)
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| Filing 28 First MOTION for Amended Scheduling Order and Memorandum in Support filed by Plaintiff Eric B.. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Abke, Kathleen) |
| Filing 27 REPLY to Response to Motion re #22 MOTION to Dismiss and Memorandum in Support of Partial Motion to Dismiss filed by Defendants Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California. (Marigoni, Nathan) |
| Filing 26 MEMORANDUM in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM INTEL DEFENDANTS' PARTIAL MOTION TO DISMISS PLAINTIFFS' COMPLAINT, #22 MOTION to Dismiss and Memorandum in Support filed by Plaintiff Eric B.. (Abke, Kathleen) |
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Filing 25
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Callan G. Stein for Anthem Life and Health Insurance, Anthem UM Services.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 7/11/22. (dla)
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| Filing 24 MOTION for Admission Pro Hac Vice of Callan G. Stein , Registration fee $ 250, receipt number AUTDC-4387686,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Marigoni, Nathan) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Intel, Intel Corporation Health and Welfare Plan, The. (Pridgen, Nancy) Modified on 10/7/2022: removed incorrectly added entry text (alt) |
| Filing 22 MOTION to Dismiss and Memorandum in Support filed by Defendants Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California. (Attachments: #1 Exhibit A - IRO Letter, #2 Exhibit B - MCG Guidelines, #3 Text of Proposed Order)(Marigoni, Nathan) |
| Filing 21 NOTICE of Appearance by Nathan R. Marigoni on behalf of Anthem Life and Health Insurance, Anthem UM Services, Blue Cross of California (Marigoni, Nathan) |
| Filing 20 INTEL DEFENDANTS' ANSWER to #11 Amended Complaint filed by Intel, Intel Corporation Health and Welfare Plan, The. Attorney Nancy B. Pridgen added to party Intel Corporation Health and Welfare Plan, The(pty:dft)(Pridgen, Nancy) |
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Filing 19
ORDER granting #18 Motion for Admission Pro Hac Vice of Attorney Nancy B. Pridgen for Eric B..Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 6/1/22. (dla)
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| Filing 18 MOTION for Admission Pro Hac Vice of Nancy B. Pridgen , Registration fee $ 250, receipt number AUTDC-4345913,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Intel, Intel Corporation Health and Welfare Plan, The. (Attachments: #1 Exhibit PHV Application, #2 Text of Proposed Order Proposed Order)(Moon, M.) |
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Filing 17
SCHEDULING ORDER: Amended Pleadings due by 9/27/2022. Joinder of Parties due by 9/27/2022. Dispositive or Potentially Dispositive Motions due by 12/28/2022. Signed by Magistrate Judge Dustin B. Pead on 5/26/22. (dla)
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| Filing 16 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order PROPSPOSED Scheduling Order)(Abke, Kathleen) |
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Filing 15
ORDER granting #14 Stipulated Motion to Extend Time for Defendant Intel Corporation and Intel Health and Welfare Plan to File Answer to Plaintiff's Amended Complaint. Signed by Magistrate Judge Dustin B. Pead on 5/16/22. (dla)
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| Filing 14 Stipulated MOTION for Extension of Time to File Answer to Plaintiff's Amended Complaint filed by Plaintiff Eric B.. (Attachments: #1 Text of Proposed Order ORDER GRANTING STIPULATION TO EXTEND TIME FOR DEFENDANT INTEL CORPORATION AND INTEL HEALTH AND WELFARE PLAN TO FILE ANSWER TO PLAINTIFFS AMENDED COMPLAINT) Motions referred to Dustin B. Pead.(Abke, Kathleen) |
| Filing 13 NOTICE of Appearance by M. Christopher Moon on behalf of Intel, Intel Corporation Health and Welfare Plan, The (Moon, M.) |
| Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Intel. 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) |
| Filing 11 AMENDED COMPLAINT against All Defendants. filed by Eric B.. (Abke, Kathleen) |
| Filing 10 AFFIDAVIT OF SERVICE for Summons in a Civil Action served on Intel Inc on 04/30/2022, filed by Plaintiff Eric B.. (Abke, Kathleen) |
| Filing 9 AFFIDAVIT OF SERVICE for Summons in a Civil Action served on Intel Corporation Health and Welfare Plan on 04/30/2022, filed by Plaintiff Eric B.. (Abke, Kathleen) |
| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Intel. 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. (mh) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Intel Corporation Health and Welfare Plan, The. 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. (mh) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Eric B. as to Anthem Life and Health Insurance Waiver sent on 4/26/2022, answer due 6/27/2022. (Abke, Kathleen) |
| Filing 5 WAIVER OF SERVICE Returned Executed filed by Eric B. as to Blue Cross of California Waiver sent on 4/26/2022, answer due 6/27/2022. (Abke, Kathleen) |
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Filing 4
ORDER TO PROPOSE SCHEDULE. Signed by Magistrate Judge Dustin B. Pead on 4/19/22. (dla)
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Filing 3
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 4/18/22. (dla)
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| Filing 2 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4308869) filed by Eric B.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Howard C. Nielson, Jr (Abke, Kathleen) |
| Filing 1 Case has been indexed and assigned to Judge Howard C. Nielson, Jr. Plaintiff Eric B. 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) |
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