K. et al v. Anthem Blue Cross and Blue Shield et al
| J. K. and K. K. |
| Anthem Blue Cross and Blue Shield, General Dynamics Corporation and General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The |
| 1:2023cv01301 |
| September 27, 2023 |
| U.S. District Court for the Eastern District of Virginia |
| Alexandria Office |
| Rossie D Alston |
| William E Fitzpatrick |
| 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 November 21, 2023. A more recent docket listing may be available from PACER.
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*** Motion Hearing deadline terminated - Per RDA's chambers, motions set for 11/29/2023 will be decided on the papers; no oral argument will be heard (tarm)
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Filing 44
REPLY to Response to Motion re #39 MOTION to Dismiss for Failure to State a Claim filed by Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Siu, Sarah)
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Filing 43
Memorandum in Opposition re #39 MOTION to Dismiss for Failure to State a Claim filed by J. K., K. K.. (Attachments: #1 Exhibit A)(Miller, Damon)
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Filing 42
MOTION to hold hearing via video conference re #41 Notice of Hearing Date set for November 29, 2023 by J. K., K. K.. (Miller, Damon)
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Set Deadlines as to #39 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 11/29/2023 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. (jlan)
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Filing 41
Notice of Hearing Date set for November 29, 2023 re #39 MOTION to Dismiss for Failure to State a Claim (Siu, Sarah)
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Filing 40
Memorandum in Support re #39 MOTION to Dismiss for Failure to State a Claim filed by Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Declaration in Support)(Siu, Sarah)
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Filing 39
MOTION to Dismiss for Failure to State a Claim by Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Proposed Order)(Siu, Sarah)
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Filing 38
Corporate Disclosure Statement by General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The, General Dynamics Corporation. (Siu, Sarah)
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Filing 37
Corporate Disclosure Statement by Anthem Blue Cross and Blue Shield. (Siu, Sarah)
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Filing 36
ORDER granting #35 Motion for Pro hac vice Appointed Brian Smith King for J. K.,Brian Smith King for K. K. Signed by District Judge Rossie D. Alston, Jr on 10/25/2023. (swil)
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Filing 35
Motion to appear Pro Hac Vice by Brian S. King and Certification of Local Counsel Damon R. Miller Filing fee $ 75, receipt number AVAEDC-9176923. by J. K., K. K.. (Miller, Damon)
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Filing 34
NOTICE of Appearance by Damon Robert Miller on behalf of J. K., K. K. (Miller, Damon)
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Filing 33
Case transferred in from District of Utah; Case Number 2:22-cv-00370. Original file and docket sheet received.
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Notification of transfer of civil from the District of Utah Case No. 2:22-cv-00370 to the Eastern District of Virginia. (ldab, )
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Filing 32
MEMORANDUM DECISION AND ORDER granting #22 Motion to Change Venue; The Clerk of the Court is directed to transfer this action to the United States District Court for the Eastern District of Virginia. Signed by Judge Jill N. Parrish on 9/26/2023. (alf) [Transferred from Utah on 9/27/2023.]
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Filing 31
REPLY to Response to Motion re #22 MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 30
DOCKET TEXT ORDER granting #29 Motion for Extension of Time to File Reply. Reply due by 2/14/2023. Signed by Judge Jill N. Parrish on 2/1/23. (ksb) [Transferred from Utah on 9/27/2023.]
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Filing 29
Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 28
Motions No Longer Referred: #22 MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia (mjw) [Transferred from Utah on 9/27/2023.]
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Filing 27
DOCKET TEXT ORDER granting #26 Motion for Extension of Time to File Reply. Reply due by 1/31/2023. Signed by Judge Jill N. Parrish on 1/13/23. (ksb) [Transferred from Utah on 9/27/2023.]
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Filing 26
Consent MOTION for Extension of Time to File Response/Reply as to #22 MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 25
MEMORANDUM in Opposition re #22 MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia filed by Plaintiffs J. K., K. K.. (Attachments: #1 Exhibit Decl of J.K.)(King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 24
ORDER granting #23 Consent Motion to Extend Time to Respond to #2 Complaint Pending Motion to Transfer Venue: Defendants' response to the Complaint is due 30 days after entry of a written order denying the Motion to Transfer Venue or, if the motion is granted, 30 days after the transfer is reflected on the docket of the Eastern District of Virginia. Signed by Magistrate Judge Dustin B. Pead on 12/20/22. (dla) [Transferred from Utah on 9/27/2023.]
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Filing 23
Consent MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 22
MOTION to Change Venue and Memorandum in Support to transfer venue to Eastern District of Virginia filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Exhibit A - Benefits Denial Letter, #2 Exhibit B - Evidence of Coverage, #3 Exhibit C - Declaration in Support from Nathan Marigoni) Motions referred to Dustin B. Pead.(Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 21
ORDER granting #20 Consent Motion to Extend Time to File Defendants' Response to #2 Plaintiffs' Complaint: The deadline for Defendants to file their response to the Complaint is hereby extended from December 5, 2022 to December 19, 2022. Signed by Magistrate Judge Dustin B. Pead on 12/6/22. (dla) [Transferred from Utah on 9/27/2023.]
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Filing 20
Consent MOTION for Extension of Time to File Answer filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Text of Proposed Order Exhibit A) Motions referred to Dustin B. Pead.(Shewan, Angela) [Transferred from Utah on 9/27/2023.]
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Filing 19
ORDER granting #18 Consent Motion to Extend Time to File Defendants' Response to Plaintiffs' Complaint: Answers due 12/5/2022. Signed by Magistrate Judge Dustin B. Pead on 11/15/22. (dla) [Transferred from Utah on 9/27/2023.]
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Filing 18
Consent MOTION for Extension of Time to File Answer re #2 Complaint, filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead. Attorney Nathan R. Marigoni added to party Anthem Blue Cross and Blue Shield(pty:dft), Attorney Nathan R. Marigoni added to party General Dynamics Corporation(pty:dft), Attorney Nathan R. Marigoni added to party General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The(pty:dft)(Marigoni, Nathan) [Transferred from Utah on 9/27/2023.]
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Filing 17
ORDER granting #16 Motion for Extension of Time to Answer re #2 Complaint. Answer deadlines updated for: Anthem Blue Cross and Blue Shield answer due 11/14/2022; General Dynamics Corporation answer due 11/14/2022; General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The answer due 11/14/2022. Signed by Magistrate Judge Dustin B. Pead on 10/12/22 (alt) [Transferred from Utah on 9/27/2023.]
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Filing 16
Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Exhibit) Motions referred to Dustin B. Pead.(Shewan, Angela) [Transferred from Utah on 9/27/2023.]
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer re #2 Complaint. Answer deadline updated for All Defendants to 10/12/2022. Signed by Magistrate Judge Dustin B. Pead on 9/2/2022. (alf) [Transferred from Utah on 9/27/2023.]
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Filing 14
Stipulated MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Defendants Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The. (Attachments: #1 Exhibit Proposed Order) Motions referred to Dustin B. Pead. Attorney Angela Shewan added to party Anthem Blue Cross and Blue Shield(pty:dft), Attorney Angela Shewan added to party General Dynamics Corporation(pty:dft), Attorney Angela Shewan added to party General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The(pty:dft)(Shewan, Angela) [Transferred from Utah on 9/27/2023.]
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Filing 13
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by J. K., K. K. as to General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The served on 8/23/2022, answer due 9/13/2022. (Attachments: #1 Exhibit Issued Summons)(King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 12
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by J. K., K. K. as to Anthem Blue Cross and Blue Shield served on 8/22/2022, answer due 9/12/2022. (Attachments: #1 Exhibit Issued Summons)(King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 11
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by J. K., K. K. (Attachments: #1 Exhibit Issued Summons)(King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 10
NOTICE OF DEFICIENCY re #9 Summons Returned Executed. The document is stricken as improperly filed. The summons attached does not contain signature of Clerk of Court. The clerk requests the filer of the original document to refile the pleading. The new pleading will receive a new document number on the docket. (alf) [Transferred from Utah on 9/27/2023.]
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Filing 9
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by J. K., K. K. as to General Dynamics Corporation served on 8/12/2022, answer due 9/2/2022. (Attachments: #1 Exhibit Issued Summons)(King, Brian) Modified on 8/15/2022 stricken, improperly filed (alf). [Transferred from Utah on 9/27/2023.]
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Filing 8
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Anthem Blue Cross and Blue Shield. 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 9/27/2023.]
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Filing 7
**RESTRICTED DOCUMENT**Summons Issued Electronically as to General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits 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. (ks) [Transferred from Utah on 9/27/2023.]
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Filing 6
**RESTRICTED DOCUMENT**Summons Issued Electronically as to General Dynamics Corporation. 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 9/27/2023.]
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Filing 5
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #3 filed by Plaintiffs J. K., K. K. (King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 4
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 Jill N. Parrish on 06/14/2022. (lwh)[Transferred from Utah on 9/27/2023.]
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Filing 3
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 06/13/2022. (lwh) [Transferred from Utah on 9/27/2023.]
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Filing 2
COMPLAINT against Anthem Blue Cross and Blue Shield, General Dynamics Corporation, General Dynamics Corporation Anthem BCBS Premium HSA and Premium Plus HSA Benefits Plan, The (Filing fee $ 402, receipt number AUTDC-4351205) filed by J. K., K. K.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Jill N. Parrish (King, Brian) [Transferred from Utah on 9/27/2023.]
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Filing 1
Case has been indexed and assigned to Judge Jill N. Parrish. Plaintiffs J. K., K. K. 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. (ks) [Transferred from Utah on 9/27/2023.]
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