Blenko et al v. Cabell Huntington Hospital, Inc.
Plaintiff: Martha Blenko, Laura Mullarky and Jane Doe
Defendant: Cabell Huntington Hospital, Inc.
Case Number: 3:2021cv00315
Filed: May 25, 2021
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
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: Plaintiff
Docket Report

This docket was last retrieved on August 10, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2022 Opinion or Order Filing 64 MEMORANDUM OPINION AND ORDER granting the #62 JOINT MOTION by Martha Blenko, Jane Doe, Laura Mullarky, Cabell Huntington Hospital, Inc. to Certify Class for Settlement Purposes and to Approve Class Settlement and Notice; a Final Approval Hearing shall be held on 10/31/2022 at 01:30 PM in Huntington before Judge Robert C. Chambers to consider whether the settlement is fair, reasonable, and adequate, and should be given final approval; the date or time of the hearing may be changed without further notice to the Settlement Class; the notice must be sent to the proposed class on or before 14 days after the entry of this Order; any class member who objects to the settlement will have 60 days to notify the Clerk of the Court of their objection. Signed by Judge Robert C. Chambers on 8/10/2022. (cc: attys; any unrepresented parties) (mkw)
July 8, 2022 Opinion or Order Filing 63 MEMORANDUM OF LAW by Martha Blenko, Jane Doe, Laura Mullarky, Cabell Huntington Hospital, Inc. in support of #62 JOINT MOTION by Martha Blenko, Jane Doe, Laura Mullarky, Cabell Huntington Hospital, Inc. to Certify Class for Settlement Purposes and to Approve Class Settlement and Notice. (Petsonk, Samuel) (Modified on 7/8/2022 to add party filer) (mkw).
July 8, 2022 Opinion or Order Filing 62 JOINT MOTION by Martha Blenko, Jane Doe, Laura Mullarky, Cabell Huntington Hospital, Inc. to Certify Class for Settlement Purposes and to Approve Class Settlement and Notice. (Attachments: #1 Exhibit 1 - Mediated Settlement Agreement (May 24, 2022), #2 Exhibit 2 - Addendum to Mediated Settlement Agreement (July 7, 2022), #3 Exhibit 3 - Proposed Notice to Class Regarding Settlement)(Petsonk, Samuel) (Modified on 7/8/2022 to add party filer) (mkw).
March 17, 2022 Opinion or Order Filing 61 ORDER denying without prejudice Plaintiffs' #12 MOTION to Certify Class. Signed by Judge Robert C. Chambers on 3/17/2022. (cc: counsel of record; any unrepresented parties)(Adams, Carol)
March 16, 2022 Opinion or Order Filing 60 MEDIATION CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/16/2022. (mkw)
March 16, 2022 Opinion or Order Filing 59 REPORT OF MEDIATION pursuant to L.R. Civ. P. 16.6.8, the undersigned United States Magistrate Judge reports that mediation in this civil action continued on Wednesday, 3/16/2022; the parties fully complied with the Local Rules of this District, negotiated in good faith, and have reached a tentative agreement; the parties will continue to discuss the details of the agreement and will contact the Court when terms are finalized. Signed by Magistrate Judge Cheryl A. Eifert on 3/16/2022. (cc: counsel of record and the Honorable Robert C. Chambers, United States District Judge) (mkw)
March 11, 2022 Opinion or Order Filing 58 REPORT OF MEDIATION reporting that mediation in this civil action occurred on 3/10/2022; the parties fully complied with the Local Rules of this District and negotiated in good faith, but were unable to reach a compromise of the pending claims; however, the parties have agreed to continue to discuss the issues and will contact the undersigned should they wish to schedule a formal continuation of mediation; the parties are next scheduled to appear before the Honorable Robert C. Chambers, United States District Judge, for a Final Pretrial Conference on 1/9/2023 at 11:00 a.m. at the United States District Court for the Southern District of West Virginia at Huntington. Signed by Magistrate Judge Cheryl A. Eifert on 3/11/2022. (cc: counsel of record and the Honorable Robert C. Chambers, United States District Judge) (mkw)
March 10, 2022 Opinion or Order Filing 57 MEDIATION CONFERENCE held by Magistrate Judge Cheryl A. Eifert on 3/10/2022. (mkw)
February 19, 2022 Opinion or Order Filing 56 CERTIFICATE OF SERVICE by Martha Blenko, Jane Doe, Laura Mullarky for Plaintiffs' Responses to Defendant's Interrogatories, Requests for Production, and Requests for Admission. (Petsonk, Samuel)
February 14, 2022 Opinion or Order Filing 55 SECOND AMENDED SCHEDULING ORDER granting the parties #54 Joint Motion for Extension of Dates Listed in Amended Scheduling Order as follows: Discovery requests to be completed by 4/15/2022, and all depositions by 5/27/2022. Expert Witness List by parties bearing the burden of proof due by 4/1/2022, by party not bearing burden of proof due by 5/2/2022, and to solely contradict or rebut evidence due by 6/1/2022. Dispositive Motions except those filed under Rule 12(b) due by 6/27/2022; any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 5/13/2022. Plaintiffs' portion of proposed Pretrial Order to defendant due by 12/20/2022. Proposed Integrated Pretrial Order due by 12/27/2022. Pretrial Conference set for 1/9/2023 at 11:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 1/24/2023. Final Settlement Conference at 09:30 AM on 1/30/2023 in Huntington. Trial set for 1/31/2023 at 08:30 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 2/14/2022. (cc: counsel of record; any unrepresented parties) (mkw)
February 11, 2022 Opinion or Order Filing 54 JOINT MOTION by Martha Blenko, Laura Mullarky, Jane Doe, Cabell Huntington Hospital, Inc. For Extension Of Dates Listed In Amended Scheduling Order, re: #22 Amended Scheduling Order. (Attachment: #1 Proposed Order)(Stone, David) (Modified on 2/11/2022 to add party filers) (mkw).
February 3, 2022 Opinion or Order Filing 53 AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(d) directing that the procedures described herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 2/3/2022. (cc: counsel of record; any unrepresented party) (jsa)
February 3, 2022 Opinion or Order Filing 52 PROTECTIVE ORDER setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Cheryl A. Eifert on 2/3/2022. (cc: counsel of record; any unrepresented party) (jsa)
February 2, 2022 Opinion or Order Filing 51 JOINT MOTION by Martha Blenko, Laura Mullarky, Jane Doe, Cabell Huntington Hospital, Inc. for Order Governing the Inadvertent Disclosure of Documents or Other Material Under Fed. R. Evid. 502(d), Fed. R. Civ. P. 26(b), and L. R. Civ. P. 26.4(a). (Attachment: #1 Proposed Agreed Order Governing the Inadvertent Disclosure of Documents or Other Material Under Rule 502(d))(Amsbary, David) (Modified on 2/2/2022 to add party filers) (mkw).
February 2, 2022 Opinion or Order Filing 50 JOINT MOTION by Martha Blenko, Laura Mullarky, Jane Doe, Cabell Huntington Hospital, Inc. for Entry of Protective Order. (Attachment: #1 Proposed Protective Order)(Amsbary, David) (Modified on 2/2/2022 to add party filers) (mkw).
February 2, 2022 Opinion or Order MOTIONS REFERRED to Magistrate Judge Cheryl A. Eifert: #50 JOINT MOTION by Martha Blenko, Laura Mullarky, Jane Doe, Cabell Huntington Hospital, Inc. for Entry of Protective Order and #51 JOINT MOTION by Martha Blenko, Laura Mullarky, Jane Doe, Cabell Huntington Hospital, Inc. for Order Governing the Inadvertent Disclosure of Documents or Other Material Under Fed. R. Evid. 502(d), Fed. R. Civ. P. 26(b), and L. R. Civ. P. 26.4(a). (mkw)
January 24, 2022 Opinion or Order Filing 49 ORDER directing that mediation in this matter is scheduled for 3/10/2022 at 9:30 AM before Magistrate Judge Cheryl A. Eifert; further directing the parties to deliver a confidential mediation statement directly to the Magistrate Judge no later than 3/3/2022; the statement shall not be filed with the Clerk's office, but may be electronically provided to the Magistrate Judge's chambers, as more fully set forth herein; to the extent that a party has insurance or indemnity coverage (including health insurance), the insurer/indemnitor must participate in any settlement decision; the party shall arrange for a representative of the insurer/indemnitor to be available by telephone or in person during the mediation process. Signed by Magistrate Judge Cheryl A. Eifert on 1/24/2022. (cc: counsel of record; any unrepresented party) (jsa)
December 30, 2021 Opinion or Order Filing 48 CERTIFICATE OF SERVICE by Cabell Huntington Hospital, Inc. for DEFENDANT'S FIRST SET OF DISCOVERY REQUESTS TO PLAINTIFFS. (Stone, David)
December 15, 2021 Opinion or Order Filing 47 CERTIFICATE OF SERVICE by Martha Blenko, Laura Mullarky for Interrogatories and Requests for Production of Documents. (Petsonk, Samuel)
November 29, 2021 Opinion or Order Filing 46 ANSWER AND AFFIRMATIVE DEFENSES to #44 First Amended Complaint by Cabell Huntington Hospital, Inc. (Stone, David)
November 22, 2021 Opinion or Order Filing 45 ORDER denying Plaintiffs' #40 AMENDED MOTION for Preliminary Injunction. Signed by Judge Robert C. Chambers on 11/22/2021. (cc: counsel of record; any unrepresented parties) (jsa)
November 15, 2021 Opinion or Order Filing 44 FIRST AMENDED COMPLAINT by Laura Mullarky, Martha Blenko, Jane Doe against Cabell Huntington Hospital, Inc.; Jury demand. (jsa)
November 15, 2021 Opinion or Order Filing 43 ORDER granting Plaintiffs' #39 MOTION to Amend Complaint; directing the Clerk of Court to file the Amended Complaint. Signed by Judge Robert C. Chambers on 11/15/2021. (cc: counsel of record; any unrepresented parties) (jsa)
November 3, 2021 Opinion or Order Filing 42 RESPONSE by Cabell Huntington Hospital, Inc. in opposition to #39 MOTION by Martha Blenko, Laura Mullarky to Amend #1 Complaint. (Stone, David)
November 3, 2021 Opinion or Order Filing 41 RESPONSE by Cabell Huntington Hospital, Inc. in opposition to #40 AMENDED MOTION by Martha Blenko, Laura Mullarky for Preliminary Injunction. (Stone, David)
October 20, 2021 Opinion or Order Filing 40 AMENDED MOTION by Martha Blenko, Laura Mullarky for Preliminary Injunction. (Petsonk, Samuel)
October 20, 2021 Opinion or Order Filing 39 MOTION by Martha Blenko, Laura Mullarky to Amend #1 Complaint. (Attachment: #1 Exhibit 1 - Amended Complaint)(Petsonk, Samuel)
October 8, 2021 Opinion or Order Filing 38 MEMORANDUM OPINION AND ORDER denying Plaintiffs' #10 MOTION for Class-Wide Preliminary Injunction. Signed by Judge Robert C. Chambers on 10/8/2021. (cc: counsel of record; any unrepresented parties) (jsa)
October 4, 2021 Opinion or Order Filing 37 RESPONSE by Cabell Huntington Hospital, Inc. in opposition to Plaintiffs' #36 Supplemental Brief on Scope of Equitable Remedies Under Erisa. (Stone, David)
September 29, 2021 Opinion or Order Filing 36 SUPPLEMENTAL BRIEF by Martha Blenko, Laura Mullarky in support of #10 MOTION by Martha Blenko, Laura Mullarky for Class-Wide Preliminary Injunction. (Petsonk, Samuel)
September 28, 2021 Opinion or Order Filing 35 EXHIBIT LIST FROM PRELIMINARY INJUNCTION HEARING held 9/23/2021. (Flash drive exhibits maintained in the Office of the Clerk of Court.) (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4, #5 Plaintiff's Exhibit 5, #6 Plaintiff's Exhibit 6, #7 Plaintiff's Exhibit 7, #8 Plaintiff's Exhibits 8 and 9 (flash drives)) (jsa)
September 28, 2021 Opinion or Order Filing 34 WITNESS LIST for Preliminary Injunction Hearing held 9/23/2021. (jsa)
September 28, 2021 Opinion or Order Filing 33 NOTICE OF CANCELLED DEPOSITION by Martha Blenko, Laura Mullarky of Rebecca Wells scheduled for 9/28/2021 at 11:00 a.m. (Petsonk, Samuel)
September 27, 2021 Opinion or Order Filing 32 ORDER modifying the relief granted in the #30 Order as follows: Those retirees who will have obtained new health insurance coverage on or before 9/30/2021 will remain on that new coverage; those retirees who will have not obtained new health insurance coverage on or before 9/30/2021 will remain on the pre-existing coverage plan provided for by Cabell Huntington Hospital; these retirees will be held harmless until the Court rules on Plaintiffs' #10 MOTION for Class-Wide Preliminary Injunction. Signed by Judge Robert C. Chambers on 9/27/2021. (cc: counsel of record; any unrepresented parties) (jsa)
September 27, 2021 Opinion or Order Filing 31 TELEPHONIC CONFERENCE held by Judge Robert C. Chambers on 9/27/2021; Court Reporter: Ayme Cochran. (trj)
September 24, 2021 Opinion or Order Filing 30 ORDER enjoining Defendant from putting into effect the prospective retiree welfare benefit plan, except for those retirees who, in writing, voluntarily consent to the new plan; this injunction will remain in effect until the Court rules on Plaintiffs' #10 MOTION for Class-Wide Preliminary Injunction; Plaintiffs will file a responsive supplemental memorandum on or by 9/29/2021; Defendants will file their response on or by 10/4/2021; Telephonic Conference Call set for 9/27/2021 at 9:30 AM to discuss maintaining the status quo. Signed by Judge Robert C. Chambers on 9/24/2021. (cc: counsel of record; any unrepresented parties) (jsa)
September 23, 2021 Opinion or Order Filing 29 MOTION HEARING held by Judge Robert C. Chambers on 9/23/2021; Court Reporter: Kathy Swinhart. (trj)
September 21, 2021 Opinion or Order Filing 28 ORDER scheduling a Hearing on Plaintiffs' #10 MOTION for Class-Wide Preliminary Injunction for 9/23/2021 at 1:30 PM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 9/21/2021. (cc: counsel of record; any unrepresented parties) (jsa)
September 20, 2021 Opinion or Order Filing 27 AMENDED NOTICE OF EVIDENTIARY DEPOSITION by Martha Blenko, Laura Mullarky of Becky Wells on 9/28/2021 at 11:00am (Attachments: #1 Certificate of Service)(Petsonk, Samuel)
September 20, 2021 Opinion or Order Filing 26 RESPONSE by Cabell Huntington Hospital, Inc. in opposition to #12 MOTION by Martha Blenko, Laura Mullarky to Certify Class. (Stone, David)
September 20, 2021 Opinion or Order Filing 25 CERTIFICATE OF SERVICE by Martha Blenko, Laura Mullarky for Notice of Deposition. (Petsonk, Samuel)
September 17, 2021 Opinion or Order Filing 24 MEMORANDUM OF LAW IN REPLY by Martha Blenko, Laura Mullarky to #23 Response In Opposition. (Attachments: #1 Exhibit 1 - Verified Statement of Martha Blenko (Sept. 17, 2021))(Petsonk, Samuel)
September 13, 2021 Opinion or Order Filing 23 RESPONSE by Cabell Huntington Hospital, Inc. in opposition to #10 MOTION by Martha Blenko, Laura Mullarky for Class-Wide Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of April Stanley)(Stone, David)
September 9, 2021 Opinion or Order Filing 22 AMENDED SCHEDULING ORDER: granting the parties' #16 JOINT MOTION to Amend the #9 Scheduling Order; Joinder of Parties, amended pleadings due by 10/30/2021. Discovery requests to be completed by 12/30/2021 and all depositions by 2/14/2022. Expert Witness List by parties bearing the burden of proof due by 10/29/2021, by party not bearing burden of proof due by 11/30/2021, and to solely contradict or rebut evidence due by 12/20/2021. Dispositive Motions except those filed under Rule 12(b) due by 3/7/2022; any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Settlement Meeting and Rule 26(a)(3) disclosures by 1/31/2022. Plaintiffs' portion of proposed Pretrial Order to defendant due by 5/2/2022. Proposed Integrated Pretrial Order due by 5/9/2022. Pretrial Conference set for 5/16/2022 at 10:00 AM in Huntington before Judge Robert C. Chambers. Proposed Jury Charges due by 6/7/2022. Final Settlement Conference at 9:30 AM on 6/13/2022 in Huntington. Trial set for 6/14/2022 at 8:30 AM in Huntington before Judge Robert C. Chambers. Signed by Judge Robert C. Chambers on 9/9/2021. (cc: counsel of record; any unrepresented parties) (hkl)
September 9, 2021 Opinion or Order Filing 21 ORDER GRANTING EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFFS' MOTION TO CERTIFY CLASS granting Defendant's #19 UNOPPOSED MOTION for Extension of Time to Respond; directing that Defendants shall file a response to Plaintiffs' #12 MOTION to Certify Class no later than 9/20/2021; directing that Plaintiffs shall file a reply no later than 9/24/2021. Signed by Judge Robert C. Chambers on 9/9/2021. (cc: counsel of record) (hkl)
September 8, 2021 Opinion or Order Filing 20 PROPOSED ORDER Granting Extension of Time to File Response to Plaintiffs' #12 Motion to Certify Class by Cabell Huntington Hospital, Inc. (Stone, David) (Modified on 9/9/2021 to add link to #12 motion) (mkw).
September 8, 2021 Opinion or Order Filing 19 UNOPPOSED MOTION by Cabell Huntington Hospital, Inc. for Extension of Time to Respond to #12 MOTION by Martha Blenko, Laura Mullarky to Certify Class to 9/20/2021. (Stone, David)
September 8, 2021 Opinion or Order Filing 18 ORDER directing Defendant to respond to Plaintiffs' #10 MOTION for Preliminary Injunction on or before 9/13/2021; Plaintiffs' reply to Defendant's response must be filed on or before 9/17/2021. Signed by Judge Robert C. Chambers on 9/8/2021. (cc: counsel of record; any unrepresented parties) (hkl)
September 7, 2021 Opinion or Order Filing 17 NOTICE OF ATTORNEY APPEARANCE by David R. Stone, II on behalf of Cabell Huntington Hospital, Inc. (Stone, David)
September 1, 2021 Opinion or Order Filing 16 JOINT MOTION by Martha Blenko, Laura Mullarky, Cabell Huntington Hospital, Inc. to Amend the Court's #9 Scheduling Order. (Petsonk, Samuel) (Modified on 9/1/2021 to add party filer) (mkw).
September 1, 2021 Opinion or Order Filing 15 RULE 26(f) REPORT OF PLANNING MEETING by Martha Blenko, Laura Mullarky, Cabell Huntington Hospital, Inc. (Petsonk, Samuel) (Modified on 9/1/2021 to add party filer) (mkw).
August 26, 2021 Opinion or Order Filing 14 EVIDENCE by Martha Blenko, Laura Mullarky in support of #10 MOTION by Martha Blenko, Laura Mullarky for Class-Wide Preliminary Injunction. (Attachments: #1 Exhibit 3 - Plan 501 (The Old Plan) pp. 1-20, #2 Exhibit 3 - Plan 501 (The Old Plan) pp. 21-30, #3 Exhibit 3 - Plan 501 (The Old Plan) pp. 31-40, #4 Exhibit 3 - Plan 501 (The Old Plan) pp. 41-50, #5 Exhibit 3 - Plan 501 (The Old Plan) pp. 51-60, #6 Exhibit 3 - Plan 501 (The Old Plan) pp. 61-80, #7 Exhibit 3 - Plan 501 (The Old Plan) pp. 81-90, #8 Exhibit 3 - Plan 501 (The Old Plan) pp. 91-100, #9 Exhibit 3 - Plan 501 (The Old Plan) pp. 101-110, #10 Exhibit 3 - Plan 501 (The Old Plan) pp. 111-120, #11 Exhibit 3 - Plan 501 (The Old Plan) pp. 121-130, #12 Exhibit 3 - Plan 501 (The Old Plan) pp. 131-140, #13 Exhibit 3 - Plan 501 (The Old Plan) pp. 141-160, #14 Exhibit 3 - Plan 501 (The Old Plan) pp. 161-180, #15 Exhibit 3 - Plan 501 (The Old Plan) pp. 181-198, #16 Exhibit 4 - Plan 506 (The New Plan) pp. 1-10, #17 Exhibit 4 - Plan 506 (The New Plan) pp. 11-20, #18 Exhibit 4 - Plan 506 (The New Plan) pp. 21-30, #19 Exhibit 4 - Plan 506 (The New Plan) pp. 31-40, #20 Exhibit 4 - Plan 506 (The New Plan) pp. 41-60, #21 Exhibit 4 - Plan 506 (The New Plan) pp. 61-80, #22 Exhibit 4 - Plan 506 (The New Plan) pp. 81-100, #23 Exhibit 4 - Plan 506 (The New Plan) pp. 101-120, #24 Exhibit 4 - Plan 506 (The New Plan) pp. 121-140, #25 Exhibit 4 - Plan 506 (The New Plan) pp. 141-160, #26 Exhibit 4 - Plan 506 (The New Plan) pp. 161-180, #27 Exhibit 4 - Plan 506 (The New Plan) pp. 181-190)(Petsonk, Samuel) (Modified on 8/26/2021 to correct the description name of all the attachments for exhibit #4) (mkw).
August 26, 2021 Opinion or Order Filing 13 MEMORANDUM by Martha Blenko, Laura Mullarky in support of #12 MOTION by Martha Blenko, Laura Mullarky for Class Certification. (Petsonk, Samuel)
August 26, 2021 Opinion or Order Filing 12 MOTION by Martha Blenko, Laura Mullarky to Certify Class. (Attachments: #1 Exhibit 1 - Email from Becky Wells to Chris Maniskas (Jan. 3, 2012), #2 Exhibit 2 - Verified Statement of Martha Blenko, #3 Exhibit 3 - Verified Statement of Laura Mullarky, #4 Exhibit 4 - Letter from Cabell to Pre-65 Retirees (Jan. 28, 2021), #5 Exhibit 5 - Letter from Cabell to Post-65 Retirees (Jan. 28, 2021), #6 Exhibit 6 - Letter from Cabell to Post-65 Retirees (Feb. 12, 2021), #7 Exhibit 7 - Letter from Cabell to Pre-65 Retirees (Mar. 8, 2021), #8 Exhibit 8 - Letters from Cabell to All Retirees (April 2021), #9 Exhibit 9 - Letter from Cabell to Pre-65 Retirees (June 14, 2021))(Petsonk, Samuel)
August 26, 2021 Opinion or Order Filing 11 MEMORANDUM by Martha Blenko, Laura Mullarky in support of #10 MOTION by Martha Blenko, Laura Mullarky for Class-Wide Preliminary Injunction. (Petsonk, Samuel) (Modified on 8/26/2021 to convert event to a memorandum in support) (mkw).
August 26, 2021 Opinion or Order Filing 10 MOTION by Martha Blenko, Laura Mullarky for Class-Wide Preliminary Injunction. (Attachments: #1 Exhibit Ex. 1 - Verified Statement of Martha Blenko, #2 Exhibit Ex. 2 - Verified Statement of Laura Mullarky, #3 Exhibit Ex. 5 - Email from Becky Wells to Chris Maniskas (Jan. 3, 2012) ("The hospital will pay the premium for as long as you live."), #4 Exhibit Ex. 6 - Letter from Cabell to Pre-65 Retirees (Jan. 28, 2021), #5 Exhibit Ex. 7 - Letter from Cabell to Post-65 Retirees (Jan. 28, 2021), #6 Exhibit Ex. 8 - Letter from Cabell to Post-65 Retirees (Feb. 12, 2021), #7 Exhibit Ex. 9 - Letter from Cabell to Pre-65 Retirees (Mar. 8, 2021), #8 Exhibit Ex. 10 - Letters from Cabell to All Retirees (April 2021), #9 Exhibit Ex. 11 - Letter from Cabell to Pre-65 Retirees (June 14, 2021), #10 Exhibit Ex. 12 - Letter from Cabell to Pre-65 Retirees (Aug. 13, 2021), #11 Exhibit Ex. 13 - Letter from Cabell to Post-65 Retirees (Aug. 20, 2021))(Petsonk, Samuel)
August 5, 2021 Opinion or Order Filing 9 SCHEDULING ORDER directing that the defendant shall file a copy of the administrative record on or before 9/2/2021. Any motion seeking discovery must be filed by 9/16/2021. The parties shall file any stipulations that may be helpful to the Court in resolving this case on or before 9/23/2021. The parties shall file their cross-motions for summary judgment on or before 10/28/2021; any response shall be filed within 14 days of the filing of the motion, with replies due within 7 days of the filing of the response. Signed by Judge Robert C. Chambers on 8/5/2021. (cc: counsel of record; any unrepresented parties) (jsa)
July 26, 2021 Opinion or Order Filing 8 PRO HAC VICE FEE in the sum of $50.00 received from Dinsmore & Shohl on behalf of Robert M. Duncan, Jr. Receipt Number HUNT004875. (cc: Administrative Services) (jsa)
July 26, 2021 Opinion or Order Filing 7 STATEMENT OF VISITING ATTORNEY from Robert M. Duncan, Jr. on behalf of Cabell Huntington Hospital, Inc. Local counsel: David D. Amsbary. (jsa)
July 23, 2021 Opinion or Order Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cabell Huntington Hospital, Inc. (Amsbary, David)
July 23, 2021 Opinion or Order Filing 5 ANSWER TO #1 Complaint by Cabell Huntington Hospital, Inc. (Amsbary, David)
June 9, 2021 Opinion or Order Filing 4 WAIVER OF THE SERVICE OF SUMMONS EXECUTED. Waiver signed by David D. Amsbary, Attorney on June 9, 2021. Cabell Huntington Hospital, Inc. waiver mailed on 5/26/2021, answer due 7/26/2021. (Amsbary, David)
May 26, 2021 Opinion or Order Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
May 26, 2021 Opinion or Order Filing 2 ELECTRONIC SUMMONS ISSUED as to Cabell Huntington Hospital, Inc., re: #1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (jsa)
May 25, 2021 Opinion or Order Filing 1 COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-7953668. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (jsa)
May 25, 2021 Opinion or Order CASE assigned to Judge Robert C. Chambers. (klc)

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Search for this case: Blenko et al v. Cabell Huntington Hospital, Inc.
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Defendant: Cabell Huntington Hospital, Inc.
Represented By: Melissa Eakle Leasure
Represented By: Robert M. Duncan, Jr.
Represented By: Thomas L. Craig
Represented By: David D. Amsbary
Represented By: David R. Stone, II
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Plaintiff: Martha Blenko
Represented By: Bren J. Pomponio
Represented By: Laura C. Davidson
Represented By: Samuel Brown Petsonk
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Plaintiff: Laura Mullarky
Represented By: Bren J. Pomponio
Represented By: Laura C. Davidson
Represented By: Samuel Brown Petsonk
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Plaintiff: Jane Doe
Represented By: Bren J. Pomponio
Represented By: Laura C. Davidson
Represented By: Samuel Brown Petsonk
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