Ohio Southern District Court
Judge:Michael H Watson
Referred: Chelsey M Vascura
Case #: 2:24-cv-01655
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1001 E.R.I.S.A.: Employee Retirement
Case Filed:Apr 10, 2024
Case in other court:Utah, 2:23-cv-00859
Last checked: Wednesday Apr 10, 2024 11:10 AM EDT
Defendant
Cigna Behavioral Health
Represented By
Michael H. Bernstein
Robinson & Cole LLC
contact info
Defendant
Cigna Health and Life Insurance
Represented By
Michael H. Bernstein
Robinson & Cole LLC
contact info
Defendant
Homeside Financial LLC Benefits Plan
Represented By
Christine Hawkins
Davis Wright Tremaine LLP
contact info
Kara Maddalena
Davis Wright Tremaine LLP
contact info
Daniel K. Brough
Bennett Tueller Johnson & Deere PC
contact info
Plaintiff
C. H.
Represented By
Brian S. King
Brian S. King, P.C.
contact info
Brent J. Newton
Brian S King PC
contact info
Samuel Martin Hall
Brian S King PC
contact info
Plaintiff
David H.
Represented By
Brian S. King
Brian S. King, P.C.
contact info
Brent J. Newton
Brian S King PC
contact info
Samuel Martin Hall
Brian S King PC
contact info


Docket last updated: 04/30/2024 11:59 PM EDT
Tuesday, April 30, 2024
32 32 answer Answer to Complaint Tue 04/30 7:13 PM
ANSWER to1 Complaint with Affirmative Defenses filed by Cigna Behavioral Health, Cigna Health and Life Insurance. (Bernstein, Michael)
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31 31 misc Corporate Disclosure Statement Tue 04/30 7:09 PM
Corporate Disclosure Statement by Defendants Cigna Behavioral Health, Connecticut General Corporation, CIGNA Holdings, Inc., Cigna Holding Company, The Cigna Group identifying Corporate Parent The Cigna Group, Other Affiliate Connecticut General Corporation, Other Affiliate CIGNA Holdings, Inc., Other Affiliate Cigna Holding Company for Cigna Behavioral Health.. (Bernstein, Michael)
Related: [-]
30 30 misc Corporate Disclosure Statement Tue 04/30 7:02 PM
Corporate Disclosure Statement by Defendants Cigna Health and Life Insurance, Connecticut General Life Insurance Company, CIGNA Holdings, Inc., Cigna Holding Company, The Cigna Group identifying Corporate Parent The Cigna Group, Other Affiliate Connecticut General Life Insurance Company, Other Affiliate CIGNA Holdings, Inc., Other Affiliate Cigna Holding Company for Cigna Health and Life Insurance.. (Bernstein, Michael)
Related: [-]
29 29 answer Answer to Complaint Tue 04/30 1:49 PM
ANSWER to1 Complaint filed by Homeside Financial LLC Benefits Plan. Related [+]
Related: [-] id, Nelson
Friday, April 26, 2024
28 28 order Order on Motion for Leave to Appear Pro Hac Vice Fri 04/26 3:25 PM
NOTATION ORDER granting26 and27 Motion for Leave to Appear Pro Hac Vice of Michael H. Bernstein and Jovana Vujovic. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 4/26/2024. (mas)
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27 27 motion Appear - Pro Hac Vice Fri 04/26 2:35 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9940443) of Jovana Vujovic by Defendants Cigna Behavioral Health, Cigna Health and Life Insurance. (Gerken, Jason)
Related: [-]
Att: 1 Exhibit Certificate of Good Standing,
Att: 2 Text of Proposed Order Proposed Order
26 26 motion Appear - Pro Hac Vice Fri 04/26 2:31 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9940373) of Michael H. Bernstein by Defendants Cigna Behavioral Health, Cigna Health and Life Insurance. (Gerken, Jason)
Related: [-]
Att: 1 Exhibit NY Certificate of Good Service,
Att: 2 Text of Proposed Order Proposed Order
25 25 notice Notice of Appearance Fri 04/26 1:48 PM
NOTICE of Appearance by Jason T. Gerken for Defendant Cigna Health and Life Insurance (Gerken, Jason)
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motion Withdraw as Attorney Fri 04/26 10:58 AM
PAPERLESS MOTION to Withdraw as Attorney by Daniel K. Brough . (agm)
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order Order on Motion to Withdraw as Attorney Fri 04/26 10:59 AM
NOTATION ORDER granting Paperless Motion to Withdraw as Attorney. Attorney Daniel K. Brough terminated. By Magistrate Judge Chelsey M. Vascura on 4/26/2024. (agm)
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Tuesday, April 23, 2024
24 24 notice Notice of Appearance Tue 04/23 3:07 PM
NOTICE of Appearance by Nelson Marlin Reid for Defendant Homeside Financial LLC Benefits Plan Related [+]
Related: [-] id, Nelson
Thursday, April 18, 2024
23 23 2 pgs order Order to Show Cause Thu 04/18 11:49 AM
ORDER TO SHOW CAUSE- Because Plaintiffs have failed to seek leave of the Court to proceed anonymously, WITHIN FOURTEEN DAYS OF THE DATE OF THIS ORDER, they must either move for leave to proceed anonymously or SHOW CAUSE why the Court should not dismiss this action without prejudice for failure to identify the names of the parties. Show Cause Response due by 5/2/2024. Signed by Magistrate Judge Chelsey M. Vascura on 4/18/2024. (mas)
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22 22 order Order on Motion for Leave to Appear Pro Hac Vice Thu 04/18 9:23 AM
NOTATION ORDER granting21 Motion for Leave to Appear Pro Hac Vice of Brian S. King as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Chelsey M. Vascura on 4/18/2024. (mas)
Related: [-]
Wednesday, April 17, 2024
21 21 motion Appear - Pro Hac Vice Wed 04/17 5:29 PM
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9925384) of Brian S. King by Plaintiffs C. H., David H.. (Danzl, Claire)
Related: [-]
Att: 1 Exhibit Certificate of Good Standing
20 20 notice Notice of Appearance Wed 04/17 3:04 PM
NOTICE of Appearance by Claire W. Bushorn Danzl for Plaintiffs C. H., David H. (Danzl, Claire)
Related: [-]
Wednesday, April 10, 2024
19 19 transfer Case Transferred In - District Wed 04/10 9:14 AM
Case transferred in from District of Utah; Case Number 2:23-cv-00859. Original file electronic copy of transfer order and docket sheet received.
Related: [-]
Tuesday, April 09, 2024
18 18 ORDER granting 17 Motion to Change Venue. Signed by Magistrate Judge Daphne A. Oberg on 04/08/2024. (kpf) [Transferred from Utah on 4/10/2024.]
Related: [-]
Monday, April 08, 2024
17 17 Stipulated MOTION to Change Venue and Memorandum in Support filed by Plaintiffs C. H., David H.. Motions referred to Daphne A. Oberg.(King, Brian) [Transferred from Utah on 4/10/2024.]
Related: [-]
Tuesday, March 26, 2024
16 16 ORDER granting 9 Motion for Admission Pro Hac Vice of Attorney Christine Hawkins for Homeside Financial LLC Benefits Plan. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 03/26/2024. (kpf) [Transferred from Utah on 4/10/2024.]
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15 15 ORDER granting 8 Motion for Admission Pro Hac Vice of Attorney Kara Maddalena for Homeside Financial LLC Benefits Plan. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 03/26/2024. (kpf) [Transferred from Utah on 4/10/2024.]
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14 14 DOCKET TEXT ORDER granting in part 10 Motion for Extension of Time to Answer. Because Defendants have filed a motion to transfer venue, the answer deadline is extended until twenty-one (21) days after the court's ruling on the motion to transfer venue. If the court denies the motion to transfer venue, Defendants must file an answer within twenty-one (21) days after such denial. Signed by Magistrate Judge Daphne A. Oberg on 3/26/2024. No attached document. (gdr) [Transferred from Utah on 4/10/2024.]
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Monday, March 25, 2024
13 13 AFFIDAVIT/DECLARATION of Pamela Ley in Support re12 Joint MOTION to Change Venue and Memorandum in Support filed by Defendants Cigna Behavioral Health, Cigna Health and Life Insurance.(Bernstein, Michael) [Transferred from Utah on 4/10/2024.]
Related: [-]
Att: 1 Exhibit A
12 12 Joint MOTION to Change Venue and Memorandum in Support filed by Defendants Cigna Behavioral Health, Cigna Health and Life Insurance. Motions referred to Daphne A. Oberg. Attorney Michael H. Bernstein added to party Cigna Behavioral Health(pty:dft), Attorney Michael H. Bernstein added to party Cigna Health and Life Insurance(pty:dft)(Bernstein, Michael) [Transferred from Utah on 4/10/2024.]
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11 11 ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A). Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Daphne A. Oberg. Signed by Judge David Barlow on 3/25/24. (kbm) [Transferred from Utah on 4/10/2024.]
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Friday, March 22, 2024
10 10 Stipulated MOTION for Extension of Time to File Answer re1 Complaint filed by Defendant Homeside Financial LLC Benefits Plan.(Brough, Daniel) [Transferred from Utah on 4/10/2024.]
Related: [-]
Att: 1 Text of Proposed Order
9 9 MOTION for Admission Pro Hac Vice of Christine Hawkins , Registration fee $ 50, receipt number AUTDC-5008650, Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at[LINK:https://www.pacer.uscourts.gov/cmecf/dcbk.html] . Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at[LINK:https://www.utd.uscourts.gov/cmecf-electronic-case-filing] . filed by Defendant Homeside Financial LLC Benefits Plan.(Brough, Daniel) [Transferred from Utah on 4/10/2024.]
Related: [-]
Att: 1 Exhibit Pro Hac Vice Application (Christine Hawkins),
Att: 2 Text of Proposed Order
8 8 MOTION for Admission Pro Hac Vice of Kara Maddalena , Registration fee $ 50, receipt number AUTDC-5008629, Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at[LINK:https://www.pacer.uscourts.gov/cmecf/dcbk.html] . Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at[LINK:https://www.utd.uscourts.gov/cmecf-electronic-case-filing] . filed by Defendant Homeside Financial LLC Benefits Plan.(Brough, Daniel) [Transferred from Utah on 4/10/2024.]
Related: [-]
Att: 1 Exhibit Pro Hac Vice Application (Kara Maddalena),
Att: 2 Text of Proposed Order
7 7 NOTICE of Appearance by Daniel K. Brough on behalf of Homeside Financial LLC Benefits Plan (Brough, Daniel) [Transferred from Utah on 4/10/2024.]
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Tuesday, February 06, 2024
6 6 WAIVER OF SERVICE Returned Executed filed by David H., C. H. (King, Brian) [Transferred from Utah on 4/10/2024.]
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Friday, January 26, 2024
5 5 WAIVER OF SERVICE Returned Executed filed by David H., C. H. (King, Brian) [Transferred from Utah on 4/10/2024.]
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4 4 WAIVER OF SERVICE Returned Executed filed by David H., C. H. (King, Brian) [Transferred from Utah on 4/10/2024.]
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Monday, December 18, 2023
3 3 RECEIVED Magistrate Availability Form from Plaintiffs C. H., David H.. (mh) [Transferred from Utah on 4/10/2024.]
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Monday, November 27, 2023
2 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 Plaintiffs C. H., David H.. (Notice generated by Clerk's Office) Form due by 12/18/2023. (sg) [Transferred from Utah on 4/10/2024.]
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Judge David Barlow added. Case number will now read 2:23-cv-00859-DBB. Please make changes to document captions accordingly. (sg) [Transferred from Utah on 4/10/2024.]
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Wednesday, November 22, 2023
1 1 COMPLAINT against All Defendants (Filing fee $ 402, receipt number AUTDC-4886030) filed by David H., C. H.. (King, Brian) [Transferred from Utah on 4/10/2024.]
Related: [-]
Att: 1 Civil Cover Sheet