B. et al v. The Providential Health and Services Health and Welfare Plan
Plaintiff: Robert B., Kara B. and K. B.
Defendant: The Providence Health and Services Health and Welfare Plan
Case Number: 2:2024cv00645
Filed: May 3, 2024
Court: US District Court for the Western District of Washington
Presiding Judge: Kymberly K Evanson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2024 Opinion or Order Filing 27 ENTERED IN ERROR STANDING ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES Signed by District Judge Kymberly K. Evanson. (DS) Modified on 5/10/2024 (DS).
May 8, 2024 Filing 26 LETTER from Clerk to counsel re receipt of case from District of Utah and advising of WAWD case number and judge assignment. (RE)
May 8, 2024 Filing 25 Case transferred in from District of Utah, Case Number 2:23-cv-00560-DBB. (RE)
May 8, 2024 District Judge Kymberly K. Evanson added. (RE)
May 8, 2024 NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant The Providential Health and Services Health and Welfare Plan must file a Corporate Disclosure Statement by 5/15/2024. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (RE)
May 3, 2024 Opinion or Order Filing 24 ORDER granting #23 Motion to Change Venue to the United States District Court for the Western District of Washington. Signed by Magistrate Judge Jared C. Bennett on 05/03/2024. (kpf) [Transferred from utd on 5/8/2024.]
May 1, 2024 Filing 23 Stipulated MOTION to Change Venue filed by Defendant The Providence Health and Services Health and Welfare Plan. Motions referred to Jared C. Bennett.(Tolk, Bentley) [Transferred from utd on 5/8/2024.]
April 22, 2024 Opinion or Order Filing 22 ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge David Barlow for all further proceedings. Signed by Judge Dale A. Kimball on 4/22/2024. (eat) [Transferred from utd on 5/8/2024.]
April 22, 2024 Filing 21 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Jared C. Bennett. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Jared C. Bennett no longer assigned as the presiding judge to the case. (mh) [Transferred from utd on 5/8/2024.]
April 19, 2024 Filing 20 RECEIVED Consent/Reassignment Form from Defendant The Providence Health and Services Health and Welfare Plan. (mh) [Transferred from utd on 5/8/2024.]
April 10, 2024 Opinion or Order Filing 19 ORDER granting #18 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint . Answer deadline updated for The Providence Health and Services Health and Welfare Plan to 5/10/2024. Signed by Magistrate Judge Jared C. Bennett on 4/10/2024. (alf) [Transferred from utd on 5/8/2024.]
April 9, 2024 Filing 18 Stipulated MOTION for Extension of Time to File Answer re #2 Complaint filed by Defendant The Providence Health and Services Health and Welfare Plan. (Attachments: #1 Exhibit A)(McGuire, Claire) [Transferred from utd on 5/8/2024.]
April 9, 2024 Filing 17 NOTICE of Appearance by Claire McGuire on behalf of The Providence Health and Services Health and Welfare Plan (McGuire, Claire) [Transferred from utd on 5/8/2024.]
March 29, 2024 Filing 16 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, 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 and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiffs K. B., Kara B., Robert B., Defendant The Providence Health and Services Health and Welfare Plan. Form due by 4/19/2024. (mh) [Transferred from utd on 5/8/2024.]
March 29, 2024 Filing 15 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Plaintiffs K. B., Kara B., Robert B., Defendant The Providence Health and Services Health and Welfare Plan. (alf) [Transferred from utd on 5/8/2024.]
March 28, 2024 Filing 14 NOTICE of Appearance by Bentley J. Tolk on behalf of The Providence Health and Services Health and Welfare Plan (Tolk, Bentley) [Transferred from utd on 5/8/2024.]
March 27, 2024 Filing 13 SUMMONS Returned Executed by Robert B., Kara B., K. B.. Summons served on The Providence Health and Services Health and Welfare Plan on 3/20/2024. (Nielson, Laura) [Transferred from utd on 5/8/2024.]
February 22, 2024 Opinion or Order Filing 12 ORDER granting #11 Motion for Extension of Time for Plaintiffs to Serve Defendant. Plaintiffs shall have up to and including March 22, 2024, to serve Defendant. Plaintiffs are hereby notified that the court will not grant any further extensions of that deadline unless Plaintiffs can show extraordinary circumstances. Signed by Magistrate Judge Jared C. Bennett on 2/22/2024. (mh) [Transferred from utd on 5/8/2024.]
February 21, 2024 Filing 11 Plaintiff's MOTION for Extension of Time to Serve Defendant filed by Plaintiffs K. B., Kara B., Robert B.. (Attachments: #1 Text of Proposed Order)(Nielson, Laura) [Transferred from utd on 5/8/2024.]
February 20, 2024 Filing 10 Summons Issued Electronically as to The Providence Health and Services Health and Welfare Plan. 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. (sg) [Transferred from utd on 5/8/2024.]
February 20, 2024 Filing 9 Requested Summons as to The Providence Health and Services Health and Welfare Plan. (Nielson, Laura) [Transferred from utd on 5/8/2024.]
January 24, 2024 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time for Plaintiffs to Serve Defendant to 2/22/2024. Signed by Magistrate Judge Jared C. Bennett on 1/24/2024. (alf) [Transferred from utd on 5/8/2024.]
January 23, 2024 Filing 7 Plaintiff's MOTION for Extension of Time to Serve Defendant filed by Plaintiffs K. B., Kara B., Robert B.. (Attachments: #1 Exhibit Tracking history, #2 Text of Proposed Order)(Nielson, Laura) [Transferred from utd on 5/8/2024.]
January 23, 2024 Opinion or Order Filing 6 ORDER TO SHOW CAUSE. The court HEREBY ORDERS Plaintiffs to show cause why this case should not be dismissed for lack of prosecution. Plaintiffs must file a response to this order to show cause on or before February 6, 2024, to inform the court of the status of this case and Plaintiffs intentions to proceed. Failure to do so may result in dismissal of this case. Signed by Magistrate Judge Jared C. Bennett on 1/23/2024. (alf) [Transferred from utd on 5/8/2024.]
November 30, 2023 Opinion or Order Filing 5 ORDER granting #4 Motion for Extension of Time for Plaintiffs to Serve Defendant. Plaintiffs shall have up to and including January 7, 2024, to serve Defendant. Signed by Magistrate Judge Jared C. Bennett on 11/29/2023. (mh)[Transferred from utd on 5/8/2024.]
November 29, 2023 Filing 4 Plaintiff's MOTION for Extension of Time to Serve Defendant filed by Plaintiffs K. B., Kara B., Robert B.. (Attachments: #1 Text of Proposed Order)(Nielson, Laura) [Transferred from utd on 5/8/2024.]
August 29, 2023 Opinion or Order Filing 3 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Jared C. Bennett on 8/29/2023. (alf) [Transferred from utd on 5/8/2024.]
August 25, 2023 Filing 2 COMPLAINT against The Providence Health and Services Health and Welfare Plan (Filing fee $ 402, receipt number AUTDC-4789720) filed by Robert B., Kara B., K. B.. (Attachments: #1 Civil Cover Sheet) (Nielson, Laura) [Transferred from utd on 5/8/2024.]
August 25, 2023 Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiffs K. B., Kara B., Robert B. are directed to E-File the complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (haa) [Transferred from utd on 5/8/2024.]

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Plaintiff: Robert B.
Represented By: G. Eric Nielson
Represented By: PRO HAC VICE PENDING
Represented By: Laura C. Nielson
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Plaintiff: Kara B.
Represented By: G. Eric Nielson
Represented By: Laura C. Nielson
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Plaintiff: K. B.
Represented By: G. Eric Nielson
Represented By: Laura C. Nielson
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Defendant: The Providence Health and Services Health and Welfare Plan
Represented By: Bentley J. Tolk
Represented By: PRO HAC VICE PENDING
Represented By: Claire McGuire
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