Young v. Banner Health Master Health and Welfare Benefits Plan, 2:17-cv-00258 – CourtListener.com

Young v. Banner Health Master Health and Welfare Benefits Plan (2:17-cv-00258)

District Court, D. Arizona

Date Filed
Description

1

Jan 26, 2017

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-13553242 filed by Kristofer Young. (Submitted by Kevin Koelbel) (Attachments: # 1 Civil Cover Sheet)(LSP) (Entered: 01/27/2017)

Att 1

Civil Cover Sheet

2

Jan 26, 2017

SUMMONS Submitted by Kristofer Young. (Submitted by Kevin Koelbel) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LSP) (Entered: 01/27/2017)

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3

Jan 26, 2017

Filing fee paid, receipt number 0970-13553242. This case has been assigned to the Honorable Eileen S Willett. All future pleadings or documents should bear the correct case number: CV-17-258-PHX-ESW. Magistrate Election form attached. (Attachments: # 1 Instructions)(LSP) (Entered: 01/27/2017)

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4

Jan 27, 2017

Summons Issued as to Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee, Life Insurance Company of North America. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(LSP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/27/2017)

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5

Feb 2, 2017

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/02/2017)

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6

Feb 2, 2017

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge G. Murray Snow. All further pleadings/papers should now list the following COMPLETE case number: CV-17-258-PHX-GMS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 02/02/2017)

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7

Feb 2, 2017

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge G Murray Snow on 2/2/2017. (LMR) (Entered: 02/02/2017)

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8

Feb 2, 2017

ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on April 27, 2017. Signed by Judge G Murray Snow on 2/2/2017. (LMR) (Entered: 02/02/2017)

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9

Feb 8, 2017

*SERVICE EXECUTED filed by Kristofer Young: Certificate of Service re: Complaint (Doc. 1), Civil Cover Sheet (Doc. 1-1), Summons (Doc. 2), Consent to Exercise of Jurisdiction by U.S. Magistrate Judge (Doc. 3), Instructions (Doc. 3-1), signed form by Kevin Koelbel (Doc. 3), Order (Doc. 8) upon Banner Health on 02/07/2017. (Koelbel, Kevin) *Modified to correct service date on 2/8/2017 (LSP). (Entered: 02/08/2017)

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10

Feb 8, 2017

SERVICE EXECUTED filed by Kristofer Young: Certificate of Service re: Complaint (Doc. 1), Civil Cover Sheet (Doc. 1-1), Summons (Doc. 2-1), Consent to Exercise Jurisdiction by U.S. Magistrate Judge (Doc. 3), Instructions (Doc. 3-1), signed form by Kevin Koelbel (Doc. 3), Order (Doc. 8) upon Banner Health Master Health and Welfare Benefits Plan on 02/06/2017. (Koelbel, Kevin) (Entered: 02/08/2017)

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11

Feb 8, 2017

SERVICE EXECUTED filed by Kristofer Young: Certificate of Service re: Complaint (Doc. 1), Civil Cover Sheet (Doc. 1-1), Summons (Doc. 2-2), Consent to Exercise of Jurisdiction by U.S. Magistrate Judge (Doc. 3), Instructions (Doc. 3-1) signed form by Kevin Koelbel (Doc. 3), Order (Doc. 8) upon Health and Welfare Plan Committee on 02/06/2017. (Koelbel, Kevin) (Entered: 02/08/2017)

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12

Feb 8, 2017

NOTICE of Errata re: 11 Service Executed, 9 Service Executed, 10 Service Executed by Plaintiff Kristofer Young.. (Attachments: # 1 Exhibit)(Koelbel, Kevin) (Entered: 02/08/2017)

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13

Feb 8, 2017

NOTICE re: of Service of Court's Order by Kristofer Young re: 7 Order re Rule 12(b) Motions . (Koelbel, Kevin) (Entered: 02/08/2017)

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14

Feb 9, 2017

SERVICE EXECUTED filed by Kristofer Young: Affidavit of Service re: Summons (Doc. 4-3), Complaint (Doc. 1), Consent to Exercise of Jurisdiction of United States Magistrate Judge (Doc. 3), Instructions (Doc. 3-1), Signed Magistrate Form by Kevin Koelbel (Doc. 3), Order (Doc. 7) Civil Cover Sheet (Doc. 1-1) upon Life Insurance Company of North America on 02/06/2017. (Koelbel, Kevin) (Entered: 02/09/2017)

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15

Feb 10, 2017

ORDER - Scheduling Conference is set for 4/7/2017 at 10:15 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 2/10/2017. (KFZ) (Entered: 02/10/2017)

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16

Feb 21, 2017

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina) (Entered: 02/21/2017)

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17

Feb 22, 2017

ORDER re 16 Stipulation for Extension of Time. IT IS ORDERED allowing Defendant Life Insurance Company of North America until 3/13/2017, to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge G Murray Snow on 2/22/2017. (KFZ) (Entered: 02/22/2017)

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18

Mar 7, 2017

SERVICE EXECUTED filed by Kristofer Young: Rule 4 Waiver of Service of Summons. Waiver sent on 02/16/17 to Scott Bennett, counsel for Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee, and Banner Health . (Ronstadt, Erin) (Entered: 03/07/2017)

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19

Mar 9, 2017

NOTICE of Appearance by Jennifer Soo Jung Lee-Cota on behalf of Life Insurance Company of North America. (Lee-Cota, Jennifer) (Entered: 03/09/2017)

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20

Mar 10, 2017

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: 1 Complaint (Second Request) by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina) (Entered: 03/10/2017)

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21

Mar 13, 2017

ORDER granting 20 Stipulation For Extension of Time To Answer Complaint: Life Insurance Company of North America answer due 3/20/2017. Rule 16 Scheduling Conference re-set for 5/5/2017 at 09:15 AM before Judge G Murray Snow. Signed by Judge G Murray Snow on 3/13/17. (LSP) (Entered: 03/13/2017)

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22

Mar 20, 2017

ANSWER to 1 Complaint by Life Insurance Company of North America.(Holmstrom, Kristina) (Entered: 03/20/2017)

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23

Mar 20, 2017

Corporate Disclosure Statement by Life Insurance Company of North America identifying Corporate Parent CIGNA Corporation, Corporate Parent Connecticut General Corporation, Corporate Parent CIGNA Holdings Incorporated for Life Insurance Company of North America. (Holmstrom, Kristina) (Entered: 03/20/2017)

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24

Apr 14, 2017

Joint MOTION for Extension of Time to File Answer by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee. (Attachments: # 1 Text of Proposed Order)(Bennett, Scott) (Entered: 04/14/2017)

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25

Apr 18, 2017

ORDER granting 24 Stipulation for Extension of Time. Banner Defendants have through and including 4/24/2017, to file their Answer. Signed by Judge G Murray Snow on 4/18/2017.(KFZ) (Entered: 04/18/2017)

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26

Apr 24, 2017

ANSWER to 1 Complaint by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee.(Bennett, Scott) (Entered: 04/24/2017)

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27

Apr 24, 2017

Corporate Disclosure Statement by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee. (Bennett, Scott) (Entered: 04/24/2017)

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28

Apr 28, 2017

REPORT of Rule 26(f) Planning Meeting by Kristofer Young. (Ronstadt, Erin) (Entered: 04/28/2017)

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29

May 3, 2017

NOTICE of Service of Discovery filed by Life Insurance Company of North America. (Holmstrom, Kristina) (Entered: 05/03/2017)

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30

May 3, 2017

NOTICE of Service of Discovery filed by Kristofer Young. (Ronstadt, Erin) (Entered: 05/03/2017)

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31

May 5, 2017

MINUTE ENTRY for proceedings held before Judge G Murray Snow: Scheduling Conference held on 5/5/2017. Deadlines discussed and entered. Order to follow. APPEARANCES: Kevin Koelbel and Erin Ronstadt for Plaintiff. Kristina Holmstrom for Defendant Life Ins. Co. of North America. Scott Bennett for Banner Defendants. (Court Reporter Liz Lemke.) Hearing held 9:17 AM to 9:37 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) (Entered: 05/05/2017)

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32

May 5, 2017

CASE MANAGEMENT ORDER: Administrative record shall be filed by 7/7/2017. Discovery due by 10/27/2017. Opening brief due by 1/12/2018; response brief due by 2/16/2018; reply brief due by 3/2/2018. See attached Order for details. Signed by Judge G Murray Snow on 5/5/2017. (KFZ) (Entered: 05/05/2017)

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33

May 19, 2017

NOTICE of Service of Discovery filed by Kristofer Young. (Ronstadt, Erin) (Entered: 05/19/2017)

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34

Jun 19, 2017

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Kristofer Young . (Attachments: # 1 Amended Complaint with track changes)(Koelbel, Kevin) (Entered: 06/19/2017)

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35

Jun 19, 2017

AMENDED COMPLAINT against All Defendants filed by Kristofer Young.(Koelbel, Kevin) (Entered: 06/19/2017)

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36

Jun 20, 2017

NOTICE of Service of Discovery filed by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee. (Bennett, Scott) (Entered: 06/20/2017)

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37

Jun 22, 2017

*STIPULATION to Answer/Respond to 35 Amended Complaint by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee. (Attachments: # 1 Text of Proposed Order)(Bennett, Scott) *Modified to correct event type on 6/22/2017 (LSP). (Entered: 06/22/2017)

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38

Jun 22, 2017

NOTICE of Errata re: 37 Stipulation to Extend Time to Answer Amended Complaint by Defendants Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee.. (Attachments: # 1 Text of Proposed Order)(Bennett, Scott) (Entered: 06/22/2017)

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39

Jun 22, 2017

ORDER granting 37 Stipulation to Extend. Defendants' deadline to answer or otherwise respond to the amended complaint is extended to 7/28/2017. Signed by Judge G Murray Snow on 6/22/2017. (KFZ) (Entered: 06/22/2017)

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40

Jun 27, 2017

MOTION for De Novo Standard of Review by Kristofer Young. (Attachments: # 1 Text of Proposed Order)(Ronstadt, Erin) (Entered: 06/27/2017)

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41

Jul 5, 2017

STIPULATION for Extension of Time to File the Administrative Record With the Court and Request to File the Administrative Record Under Seal by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina) (Entered: 07/05/2017)

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42

Jul 6, 2017

ORDER granting 41 Stipulation for Extension and Request to File Under Seal. The Administrative Record may be filed under seal on or before 7/21/2017. Signed by Judge G Murray Snow on 7/6/2017. (KFZ) (Entered: 07/06/2017)

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43

Jul 6, 2017

*Stipulation for Extension of Time to Respond to Plaintiff's Motion for De Novo Review by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee. (Attachments: # 1 Text of Proposed Order)(Bennett, Scott) *Modified to correct event type on 7/10/2017 (EJA). (Entered: 07/06/2017)

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44

Jul 11, 2017

ORDER granting Stipulation 43 . The Defendants' deadline to respond to the Plaintiff's Motion for De Novo Standard of Review 40 is extended to 8/25/2017. The Plaintiff's deadline to file a Reply in support of that motion is extended to 9/15/2017. No further extensions shall be granted absent extraordinary circumstances. Signed by Judge G Murray Snow on 7/11/2017. (KFZ) (Entered: 07/11/2017)

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45

Jul 20, 2017

NOTICE re: of Filing the Administrative Record Under Seal by Life Insurance Company of North America . (Holmstrom, Kristina) (Entered: 07/20/2017)

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46

Jul 20, 2017

*SEALED Administrative Record filed by Life Insurance Company of North America. (Attachments: # 1 Supplement Admin Rec Part 2, # 2 Supplement Admin Rec Part 3, # 3 Supplement Admin Rec Part 4, # 4 Supplement Admin Rec Part 5, # 5 Supplement Admin Rec Part 6, # 6 Supplement Admin Rec Part 7, # 7 Supplement Admin Rec Part 8, # 8 Supplement Admin Rec Part 9, # 9 Supplement Admin Rec Part 10, # 10 Supplement Admin Rec Part 11, # 11 Supplement Admin Rec Part 12, # 12 Supplement Admin Rec Part 13, # 13 Supplement Policy - Part 14)(Holmstrom, Kristina) *Modified on 7/21/2017 to Change from lodged to filed pursuant to doc. 42 (MAP)*. (Entered: 07/20/2017)

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47

Jul 27, 2017

ANSWER to 35 Amended Complaint by Banner Health, Banner Health Master Health and Welfare Benefits Plan, Health and Welfare Plan Committee.(Bennett, Scott) (Entered: 07/27/2017)

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48

Jul 28, 2017

ANSWER to 35 Amended Complaint by Life Insurance Company of North America.(Holmstrom, Kristina) (Entered: 07/28/2017)

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49

Aug 1, 2017

STIPULATION to Request a Settlement Conference by Life Insurance Company of North America. (Attachments: # 1 Text of Proposed Order)(Holmstrom, Kristina) (Entered: 08/01/2017)

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50

Aug 1, 2017

ORDER pursuant to 49 Stipulation: This matter is referred to United States Magistrate Judge Michelle H. Burns for a settlement conference. See PDF document for details. Signed by Judge G Murray Snow on 8/1/17. (LSP) (Entered: 08/01/2017)

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51

Aug 10, 2017

ORDER setting Settlement Conference for 8/23/2017 at 01:00 PM in Courtroom 303, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Michelle H Burns. Each party shall provide the Court with the original of the party's Settlement Conference Memoranda, by August 18, 2017. The Settlement Conference Memoranda shall NOT be filed with the Clerk. Signed by Magistrate Judge Michelle H Burns on 8/9/17. (LSP) (Entered: 08/10/2017)

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52

Aug 17, 2017

The Court having been notified that the Parties have reached a Settlement, IT IS ORDERED the Settlement Conference, presently set for 8/23/2017 at 1:00 pm before Magistrate Judge Michelle H. Burns is VACATED. Later: Parties are directed to file appropriate dismissal paperwork with the Court. Ordered by Magistrate Judge Michelle H Burns. (MHB, ec)( This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.) (Entered: 08/17/2017)

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53

Aug 17, 2017

NOTICE of Settlement (Joint) by Kristofer Young. (Ronstadt, Erin) (Entered: 08/17/2017)

54

Aug 18, 2017

ORDER: The Court has been advised that this case has settled 53 . This matter will be dismissed with prejudice within 30 days of the date of this Order unless a stipulation to dismiss is filed prior to the dismissal date. Pending hearings are vacated. Pending motions are denied as moot. The Clerk of Court is directed to terminate this matter on 9/18/2017 without further leave of Court. Signed by Judge G Murray Snow on 8/18/2017. (LMR) (Entered: 08/18/2017)

55

Sep 18, 2017

MINUTE ORDER: Pursuant to 54 Order, Civil Case Terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LSP) (Entered: 09/18/2017)

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