B. v. Anthem Blue Cross and Blue Shield
Plaintiff: David B.
Defendant: Anthem Blue Cross and Blue Shield
Case Number: 1:2024cv01551
Filed: September 4, 2024
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Ivan D Davis
Referring Judge: Patricia Tolliver Giles
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2024 Filing 40 RESPONSE in Opposition re #30 MOTION to Dismiss for Failure to State a Claim filed by David B.. (Miller, Damon)
October 25, 2024 Opinion or Order Filing 39 ORDERED that the Motion is GRANTED. The Court finds that the documents that Defendant seeks to seal contain and/or reference confidential and sensitive commercial information, the release of which would harm one or more of the parties in this matter and may also cause competitive harm to third-party, MCG Health. It is further ORDERED that the unredacted versions of Exhibits C, D, E, and F filed under seal shall remain under seal re #27 Motion to Seal. Signed by Magistrate Judge Ivan D. Davis on 10/25/2024. (Sbro, )
October 18, 2024 Opinion or Order Filing 38 ORDERED: o The deadline for Plaintiff to oppose Defendant's Partial Motion to Dismiss is November 1, 2024. o The deadline for Defendant to reply to Plaintiff's opposition is November 7, 2024 in re #37 Motion for Extension of Time to File Response/Reply . Signed by District Judge Patricia Tolliver Giles on 10/18/2024. (Sbro, )
October 17, 2024 Filing 37 MOTION for Extension of Time to File Response/Reply as to #30 MOTION to Dismiss for Failure to State a Claim by David B.. (Attachments: #1 Proposed Order)(Miller, Damon)
October 16, 2024 Set Deadline as to #30 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 11/14/2024 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (triv)
October 15, 2024 Filing 36 Notice of Hearing Date set for 11/14/2024 re #30 MOTION to Dismiss for Failure to State a Claim (Mynes, Kristen)
October 15, 2024 Filing 35 NOTICE of Appearance by Kristen Leanne Mynes on behalf of Anthem Blue Cross and Blue Shield (Mynes, Kristen)
October 10, 2024 Filing 34 Financial Interest Disclosure Statement (Local Rule 7.1) by Anthem Blue Cross and Blue Shield. (Flynn, Virginia)
October 10, 2024 Filing 33 Notice of Hearing Date re #30 MOTION to Dismiss for Failure to State a Claim (Flynn, Virginia)
October 10, 2024 Notice of Correction in re #33 Notice of Hearing Date. The filing user has been notified to refile the notice of hearing which requests a Thursday date. (triv)
October 8, 2024 Notice of Correction: Filing user notified to file a Notice of Hearing or Notice of Waiver of Oral Argument re #30 MOTION to Dismiss for Failure to State a Claim (Sbro, )
October 4, 2024 Filing 32 Sealed Attachment/Exhibit(s) re #27 MOTION to Seal Exhibits to Memorandum in Support of Motion to Dismiss, #31 Memorandum in Support,. (Attachments: #1 Exhibit D, #2 Exhibit E, #3 Exhibit F)(Flynn, Virginia)
October 4, 2024 Filing 31 Memorandum in Support re #30 MOTION to Dismiss for Failure to State a Claim filed by Anthem Blue Cross and Blue Shield. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Flynn, Virginia)
October 4, 2024 Filing 30 MOTION to Dismiss for Failure to State a Claim by Anthem Blue Cross and Blue Shield. (Attachments: #1 Proposed Order)(Flynn, Virginia)
October 4, 2024 Filing 29 Notice of Filing Sealing Motion LCvR5(C) by Anthem Blue Cross and Blue Shield re #27 MOTION to Seal Exhibits to Memorandum in Support of Motion to Dismiss (Flynn, Virginia)
October 4, 2024 Filing 28 Memorandum in Support re #27 MOTION to Seal Exhibits to Memorandum in Support of Motion to Dismiss filed by Anthem Blue Cross and Blue Shield. (Flynn, Virginia)
October 4, 2024 Filing 27 MOTION to Seal Exhibits to Memorandum in Support of Motion to Dismiss by Anthem Blue Cross and Blue Shield. (Attachments: #1 Proposed Order)(Flynn, Virginia)
October 2, 2024 Opinion or Order Filing 26 ORDER granting #25 Motion for Pro hac vice Appointed Brian Smith King for David B. Signed by District Judge Patricia Tolliver Giles on 10/2/2024. (swil)
October 1, 2024 Filing 25 Motion to appear Pro Hac Vice by Brian S. King and Certification of Local Counsel Damon R. Miller Filing fee $ 75, receipt number AVAEDC-9768772. by David B.. (Miller, Damon)
October 1, 2024 Filing 24 NOTICE of Appearance by Damon Robert Miller on behalf of David B. (Miller, Damon)
September 4, 2024 Filing 23 Case transferred in from District of Utah; Case Number 4:24-cv-00017. Original file and docket sheet received.
September 4, 2024 Notification of transfer of civil case from the District of Utah Case No. 4:24cv17 to the Eastern District of Virginia. (ldab, )
September 3, 2024 Opinion or Order Filing 22 ORDER granting #21 Motion to Change Venue. The Clerk is directed to TRANSFER this case to the United States District Court for the Eastern District of Virginia, Alexandria Division. Upon transfer, the Clerk shall CLOSE this case. Signed by Magistrate Judge Paul Kohler on 9/3/2024. (mh) [Transferred from Utah on 9/4/2024.]
August 30, 2024 Filing 21 Stipulated MOTION to Change Venue and to Extend Answer Deadline Pending Transfer filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Shewan, Angela) [Transferred from Utah on 9/4/2024.]
August 19, 2024 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to Answer. The deadline for Defendant to file any response to Plaintiff's #1 Complaint is hereby extended from August 16, 2024 to August 30, 2024. Signed by Magistrate Judge Paul Kohler on 8/19/2024. (mh) [Transferred from Utah on 9/4/2024.]
August 16, 2024 Filing 19 Consent MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Shewan, Angela) [Transferred from Utah on 9/4/2024.]
August 5, 2024 Opinion or Order Filing 18 ORDER granting #17 Motion for Extension of Time to Answer. The deadline for Defendant to file any response to Plaintiff's #1 Complaint is hereby extended from August 2, 2024, to August 16, 2024. Signed by Magistrate Judge Paul Kohler on 8/5/2024. (mh) [Transferred from Utah on 9/4/2024.]
August 2, 2024 Filing 17 Consent MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Shewan, Angela) [Transferred from Utah on 9/4/2024.]
July 2, 2024 Opinion or Order Filing 16 ORDER granting #13 Motion for Extension of Time to Answer. Defendant to file any response to Plaintiff's #1 Complaint is hereby extended from July 3, 2024, to August 2, 2024. Signed by Magistrate Judge Paul Kohler on 7/2/2024. (mh) [Transferred from Utah on 9/4/2024.]
July 1, 2024 Filing 15 RECEIVED Magistrate Availability Form from Defendant Anthem Blue Cross and Blue Shield. (mh) [Transferred from Utah on 9/4/2024.]
July 1, 2024 Filing 14 NOTICE of Appearance by Nathan R. Marigoni on behalf of Anthem Blue Cross and Blue Shield (Marigoni, Nathan) [Transferred from Utah on 9/4/2024.]
July 1, 2024 Filing 13 Consent MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Shewan, Angela) [Transferred from Utah on 9/4/2024.]
June 11, 2024 Filing 12 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Defendant Anthem Blue Cross and Blue Shield. Form due by 7/2/2024. (mh) [Transferred from Utah on 9/4/2024.]
May 31, 2024 Opinion or Order Filing 11 ORDER granting #10 Motion for Extension of Time to Answer. The deadline for Defendant to file any response to Plaintiff's #1 Complaint is hereby extended from June 3, 2024 to July 3, 2024. Signed by Magistrate Judge Paul Kohler on 5/31/2024. (mh) [Transferred from Utah on 9/4/2024.]
May 30, 2024 Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint filed by Defendant Anthem Blue Cross and Blue Shield. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler. Attorney Angela Shewan added to party Anthem Blue Cross and Blue Shield(pty:dft)(Shewan, Angela) [Transferred from Utah on 9/4/2024.]
May 9, 2024 Filing 9 REASSIGNMENT to Newly Appointed District Judge. Under DUCivR 83-2, this case is reassigned to District Judge Ann Marie McIff Allen. Judge David Nuffer no longer assigned to the case. Orders of the prior judge are affirmed including 4 Order Referring Case to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A). Case number will now read 4:24cv00017 AMA-PK. Please make changes to document captions accordingly. (alt) [Transferred from Utah on 9/4/2024.]
April 17, 2024 Filing 8 WAIVER OF SERVICE Returned Executed filed by David B. (King, Brian) [Transferred from Utah on 9/4/2024.]
March 1, 2024 Filing 7 RECEIVED Magistrate Availability Form from Plaintiff David B.. (mh) [Transferred from Utah on 9/4/2024.]
February 13, 2024 Opinion or Order Filing 6 ORDER Supplementing #5 Order to Propose Schedule. Signed by Magistrate Judge Paul Kohler on 2/13/24 (alt) [Transferred from Utah on 9/4/2024.]
February 13, 2024 Opinion or Order Filing 5 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Paul Kohler on 2/13/24 (alt) [Transferred from Utah on 9/4/2024.]
February 12, 2024 Opinion or Order Filing 4 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 2/12/2024. (pjd) [Transferred from Utah on 9/4/2024.]
February 12, 2024 Filing 3 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page. (pjd) [Transferred from Utah on 9/4/2024.]
February 9, 2024 Filing 2 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff David B.. (Notice generated by Clerk's Office) Form due by 3/1/2024. (sg) [Transferred from Utah on 9/4/2024.]
February 9, 2024 Filing 1 COMPLAINT against Anthem Blue Cross and Blue Shield (Filing fee $ 405, receipt number AUTDC-4963811) filed by David B.. (Attachments: #1 Civil Cover Sheet) (King, Brian) [Transferred from Utah on 9/4/2024.]
February 9, 2024 Judge David Nuffer added. Case number will now read 4:24-cv-00017-DN. Please make changes to document captions accordingly. (sg) [Transferred from Utah on 9/4/2024.]

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Defendant: Anthem Blue Cross and Blue Shield
Represented By: Nathan R. Marigoni
Represented By: Angela Shewan
Represented By: Virginia Bell Flynn
Represented By: Kristen Leanne Mynes
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Plaintiff: David B.
Represented By: Brian Smith King
Represented By: Samuel Martin Hall
Represented By: Brent J. Newton
Represented By: Damon Robert Miller
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