Lobodocky et al v. Medxcel Facilities Management, LLC et al
| Missouri Eastern District Court | |
| Judge: | Henry Edward Autrey |
| Case #: | 4:24-cv-00718 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | May 22, 2024 |
| Case in other court: | Indiana Southern, 1:23-cv-00767 |
| Last checked: Wednesday May 22, 2024 5:10 PM CDT |
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Defendant
Ascension Health Alliance
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Represented By
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Defendant
Medxcel Facilities Management, LLC
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Represented By
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Defendant
The Prudential Insurance Company of America
751 Broad Street
Newark, NJ 07102 |
Represented By
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Plaintiff
Vicki L. Lobodocky
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Represented By
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| Docket last updated: 06/14/2024 11:59 PM CDT |
| Wednesday, June 12, 2024 | ||
| 49 | 49
misc
Status Report
Wed 06/12 10:23 AM
STATUS REPORT by Ascension Health Alliance, Medxcel Facilities Management, LLC. (Blaisdell, Amy) |
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| Tuesday, June 04, 2024 | ||
| 48 | 48
misc
Disclosure Statement (Disclosure of Organizational Interests)
Tue 06/04 2:39 PM
DISCLOSURE STATEMENT by Ascension Health Alliance, Ascension Alpha Fund LLC, a Delaware entity, Crowe Healthcare Risk Consulting formerly known as Catholic Healthcare Audit Network, L.L.C., Missouri entity, Catholic Health Ventures II, L.P. (CHV II, L.P.), Delaware partnership, Catholic Health Ventures III, L.P. (CHV III, L.P.), Delaware partnership, Catholic Health Ventures IV, L.P. (CHV IV, L.P.), Delaware partnership, Catholic Health Ventures V, L.P. (CHV V, L.P.), Delaware partnership, Preferred Professional Insurance Company, Nebraska entity, TCP-ASC ACHI Series LLLP, Delaware entity, Ascension Towerbrook Healthcare Opportunities, L.P., Cayman Islands, Ascension Health Alliance, Ascension Health Alliance Professional and General Liability Self Insurance Trust, Ascension Worker's Compensation Self Insurance Trust, Saint Luke Institute, Inc., Saint Luke Institute Foundation, Inc., Saint Vincent Hospital Foundation, Daughters of Charity, Inc., Brothers Communities and Ministries Investment Fund, Mercy Investment Services, Inc., Inner-City Scholarship Fund, Mercy Health Foundation, St. Elizabeth Hospital Foundation, Congregation of Mission International Fund, Catholic Medical Mission Board, Inc., Catholic Relief Services, Catholic Health System, Inc., The Ursuline Academy of Cleveland dba Ursuline Sisters of Cleveland, Fournier Retirement Fund, Inc., Nazareth Literary & Benevolent Institution, Aquinas Institute of Theology, St. Benedict's Abbey, Bellarmine College Preparatory, Catholic Community Foundation of Minnesota, CM Investment Services LLC, Priests' Pension Plan of the Archdiocese of Denver, Dominican Sisters of Peace, St. Mary's Healthcare, Sisters of the Holy Cross, Impact Investing Charitable Trust, Henry J. Predolin Foundation, Via Christi Foundation, Inc., Congregation of the Sisters of Charity of the Incarnate Word, San Antonio, Crowe Horwath LLP, Catholic Health Initiatives, Ascension Health Ventures III, LLC d/b/a Ascension Ventures LLC, Commonspirit Health Operating, Franciscan Alliance, Trinity Health Corporation, Adventist Health System Sunbelt Healthcare Corporation, Decatur Memorial Hospital, IHC Health Services, Inc, McAuley Portfolio Management Company, The Carle Foundation, CentraCare Health System, Children's Medical Center of Dallas, Inova Health System Foundation, Novant Health, OhioHealth Corporation, OSF Healthcare System, Collaborative Health Ventures V, LP d/b/a CHV, LP, Anne Arundel Medical Center, NorthShore University Health System, Sentara Healthcare, Texas Health Resources, TowerBrook Capital Partners, LP, Ascension Capital LLC, TowerBrook ATHO Carry, LP (Delaware), TowerBrook ATHO Carry GP, LP (Cayman Islands).. (Blaisdell, Amy) |
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| 47 | 47
misc
Disclosure Statement (Disclosure of Organizational Interests)
Tue 06/04 2:16 PM
DISCLOSURE STATEMENT by Medxcel Facilities Management, LLC, AH Holdings, LLC d/b/a Ascension Holdings.. (Blaisdell, Amy) |
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| Monday, June 03, 2024 | ||
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notice
Electronic Notice re: Disclosure Statement - Initial Notice
Mon 06/03 8:38 PM
Electronic Notice re: Disclosure Statement to Defendants Ascension Health Alliance, Medxcel Facilities Management, LLC . Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required[LINK:(moed-0001.pdf)] . (ANR) |
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| Friday, May 31, 2024 | ||
| 46 | 46
notice
Notice of Filing Motion to Consolidate
Fri 05/31 11:20 AM
NOTICE of Filing of Motion to consolidated by Defendants Ascension Health Alliance, Medxcel Facilities Management, LLC with case number 4:23-cv-591(Blaisdell, Amy) |
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Att: 1
Attachment
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| Wednesday, May 29, 2024 | ||
| 45 | 45
1
pgs
order
Order (will rule a motion and set/satisfy a schedule)
Wed 05/29 3:47 PM
ORDER: IT IS HEREBY ORDERED that the parties are to provide a joint status report to the Court on or before June 12, 2024. (Status Report due by 6/12/2024.) Signed by District Judge Henry Edward Autrey on 5/29/2024. (JEB) |
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| Wednesday, May 22, 2024 | ||
| 44 | 44
transfer
Case Transferred In - District Transfer (COURT USE ONLY)
Wed 05/22 2:51 PM
Case transferred in from District of Indiana Southern; Case Number 1:23-cv-00767. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
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| 43 | 43
misc
Letter
Wed 05/22 11:46 AM
Transfer Letter to Clerk of the Eastern District of Missouri, St. Louis Division. Case transferred electronically to Eastern District of Missouri on 5/22/2024. (JSR) |
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| 42 | 42
order
CJA 20 - Payment Voucher Attorney Appointment
Wed 05/22 11:43 AM
CLOSED TRANSFER to the Eastern District of Missouri - The motion to transfer venue is granted. Dkt.36 . The motion to dismiss under Rule 12(b)(3) is denied. Dkt.23 . The clerk SHALL TRANSFER this case to the Eastern District of Missouri, St. Louis division and close this case on the docket. (See Order.) Signed by Judge James Patrick Hanlon on 5/22/2024. (JSR) |
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misc
Case Opening Notification
Wed 05/22 3:23 PM
Case Opening Notification. Judge Assigned: Honorable Henry Edward Autrey. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible.[LINK:(moed-0001.pdf)] . Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit[LINK:attorney applications.] (JBH) |
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| Thursday, February 01, 2024 | ||
| 41 | 41
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Amy Louise Blaisdell hereby notifies the Clerk of the court of changed contact information. (Blaisdell, Amy)
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| Friday, December 22, 2023 | ||
| 40 | 40
NOTICE OF JOINING CO-DEFENDANTSALTERNATIVE MOTION TO TRANSFER AND THEIR REPLY IN SUPPORT , filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. § 1404(a) ,39 Reply in Support of Motion. (Schwartz-Fenwick, Samuel)
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| 39 | 39
REPLY in Support of Motion re36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. § 1404(a) , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy)
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| Tuesday, December 19, 2023 | ||
| 38 | 38
RESPONSE in Opposition re36 MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. § 1404(a) , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY. (Brady, Nicholas)
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| Tuesday, December 05, 2023 | ||
| 37 | 37
NOTICE OF JOINING CO-DEFENDANTS REPLY IN SUPPORT OF MOTION TO DISMISS , filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re35 Reply in Support of Motion. (Schwartz-Fenwick, Samuel)
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| 36 | 36
MOTION to Transfer Case PURSUANT TO THE FORUM SELECTION CLAUSE AND 28 U.S.C. § 1404(a) , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| 35 | 35
REPLY in Support of Motion re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy)
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| Monday, November 27, 2023 | ||
| 34 | 34
MARGINAL ENTRY - granting33 Unopposed MOTION for Extension of Time to File Reply to December 5, 2023 re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT . Signed by Magistrate Judge Mario Garcia on 11/27/23.(NAD)
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| Wednesday, November 22, 2023 | ||
| 33 | 33
Unopposed MOTION for Extension of Time to File Reply to December 5, 2023 re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| Tuesday, November 21, 2023 | ||
| 32 | 32
RESPONSE in Opposition re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY.(Brady, Nicholas)
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Att: 1
Exhibit Ex. 1 - Mathais Complaint,
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Att: 2
Exhibit Ex. 2 - Smith Complaint,
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Att: 3
Text of Proposed Order Proposed Order Denying Defendants' Motion to Dismiss
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| Monday, November 20, 2023 | ||
| 31 | 31
ORDER - granting30 Unopposed MOTION for Extension of Time to File Response to November 21, 2023 re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT . Signed by Magistrate Judge Mario Garcia on 11/20/23. (NAD)
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| Thursday, November 16, 2023 | ||
| 30 | 30
Unopposed MOTION for Extension of Time to File Response to November 21, 2023 re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY.(Bond, Tonya)
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Att: 1
Text of Proposed Order Granting Unopposed Motion for Extension of Time for Plaintiff to Respond to Defendants' Motion to Dismiss
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| Thursday, November 09, 2023 | ||
| 29 | 29
ORDER - GRANTING28 UNOPPOSED MOTION TO RESET NOVEMBER 13, 2023 INITIAL PRETRIAL CONFERENCE. IT IS THEREFORE ORDERED that the telephonic Initial Pretrial Conference currently set for November 13, 2023 is vacated and will be reset via separate entry. Signed by Magistrate Judge Mario Garcia on 11/9/23.(NAD)
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| Monday, November 06, 2023 | ||
| 28 | 28
Unopposed MOTION to Reset November 13, 2023 Status Conference , filed by Plaintiffs VICKI L LOBODOCKY, VICKI L LOBODOCKY.(Bond, Tonya)
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Att: 1
Text of Proposed Order Granting Unopposed Motion to Reset November 13, 2023 Status Conference
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| Thursday, October 26, 2023 | ||
| 27 | 27
NOTICE of Appearance by Nicholas M. Brady on behalf of Plaintiff VICKI L LOBODOCKY. (Brady, Nicholas)
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| 26 | 26
NOTICE of Joining Co-Defendants' Motion to Dismiss , filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT . (Schwartz-Fenwick, Samuel)
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| 25 | 25
Rule 7.1 Disclosure Statement by THE PRUDENTIAL INSURANCE COMPANY OF AMERICA identifying Corporate Parent PRUDENTIAL FINANCIAL INC. for THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.. (Schwartz-Fenwick, Samuel)
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| 24 | 24
BRIEF/MEMORANDUM in Support re23 MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Exhibit A
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| 23 | 23
MOTION to Dismiss PLAINTIFF'S COMPLAINT , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| Wednesday, September 27, 2023 | ||
| 22 | 22
ORDER granting21 Motion for Extension of Time. The deadline for all Defendants to answer or otherwise respond to the Complaint shall be extended to October 26, 2023. Signed by Magistrate Judge Mario Garcia on 9/27/2023. (LBT)
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| Tuesday, September 26, 2023 | ||
| 21 | 21
Consent MOTION for Extension of Time to October 26, 2023 in which to1 Complaint , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| Monday, July 31, 2023 | ||
| 20 | 20
ORDER - granting19 Motion to Stay. The telephonic Initial Pretrial Conference set on August 10, 2023 at 2:30 p.m. is VACATED and rescheduled to November 13, 2023 at 11:30 a.m. (Eastern). No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. (See Order.) Signed by Magistrate Judge Mario Garcia on 7/31/2023.(CW)
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| Tuesday, July 25, 2023 | ||
| 19 | 19
Joint MOTION to Stay Case for Settlement , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| Monday, July 10, 2023 | ||
| 18 | 18
ORDER granting17 Motion for Extension of Time to File: IT IS ORDERED that the motion is GRANTED; the deadline for all Defendants to answer or otherwise respond to the Complaint shall be extended to August 23, 2023. See Order. Signed by Magistrate Judge Mario Garcia on 7/10/2023. (LF)
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| Friday, June 30, 2023 | ||
| 17 | 17
Unopposed MOTION for Extension of Time to August 23, 2023 in which to1 Complaint , filed by Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC.(Blaisdell, Amy)
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Att: 1
Text of Proposed Order
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| 16 | 16
NOTICE of Appearance by Amy Louise Blaisdell on behalf of Defendants ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC. (Blaisdell, Amy)
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| Thursday, June 22, 2023 | ||
| 15 | 15
ORDER granting14 Motion for Extension of Time to File a Response to the Complaint to 7/24/2023. Signed by Magistrate Judge Mario Garcia on 6/22/2023. (JRB)
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| Tuesday, June 20, 2023 | ||
| 14 | 14
Second MOTION for Extension of Time to July 24, 2023 to Respond to Plaintiff's Complaint , filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA.(Schwartz-Fenwick, Samuel)
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, June 07, 2023 | ||
| 13 | 13
SCHEDULING ORDER:Telephonic Initial Pretrial Conference set for 8/10/2023 02:30 PM (Eastern Time) before Magistrate Judge Mario Garcia. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Mario Garcia on 6/7/2023.(SWM)
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| Monday, June 05, 2023 | ||
| 12 | 12
NOTICE of Appearance by Samuel Schwartz-Fenwick on behalf of Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (Schwartz-Fenwick, Samuel)
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| Wednesday, May 31, 2023 | ||
| 11 | 11
NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (Schwartz-Fenwick, Samuel)
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| Thursday, May 25, 2023 | ||
| 10 | 10
WAIVER OF SERVICE Returned Executed, filed by VICKI L LOBODOCKY(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER JOHN LOBODOCKY, DECEASED), VICKI L LOBODOCKY(FOR HERSELF ). ASCENSION HEALTH ALLIANCE D/B/A ASCENSION waiver sent on 5/24/2023. (Bond, Tonya)
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| 9 | 9
WAIVER OF SERVICE Returned Executed, filed by VICKI L LOBODOCKY(AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALEXANDER JOHN LOBODOCKY, DECEASED), VICKI L LOBODOCKY(FOR HERSELF ). MEDXCEL FACILITIES MANAGEMENT, LLC waiver sent on 5/24/2023. (Bond, Tonya)
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| Friday, May 05, 2023 | ||
| 8 | 8
Rule 7.1 Disclosure Statement by VICKI L LOBODOCKY. (Bond, Tonya)
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| 7 | 7
Summons Issued as to ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA. (KAA)
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| 6 | 6
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (KAA)
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| 5 | 5
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA)
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| 4 | 4
PRACTICES AND PROCEDURES before Judge James Patrick Hanlon. (KAA)
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| Thursday, May 04, 2023 | ||
| 3 | 3
NOTICE of Appearance by George M. Plews on behalf of Plaintiff VICKI L LOBODOCKY. (Plews, George)
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| 2 | 2
NOTICE of Appearance by Tonya J. Bond on behalf of Plaintiff VICKI L LOBODOCKY. (Bond, Tonya)
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| 1 | 1
30+
pgs
COMPLAINT against ASCENSION HEALTH ALLIANCE D/B/A ASCENSION, MEDXCEL FACILITIES MANAGEMENT, LLC, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, filed by VICKI L LOBODOCKY. (Filing fee $402, receipt number AINSDC-7620958)(Bond, Tonya)
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Att: 1
Exhibit 1 - Ascension Life Insurance Summary Plan Description,
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Att: 2
Exhibit 2 - 20190924 Email Re Benefits_Redacted,
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Att: 3
Exhibit 3 - 20190927 Email Re Benefits_Redacted,
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Att: 4
Exhibit 4- open enrollment information,
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Att: 5
Exhibit 5 - 20200220 Email Re Accelerate Life Benefit Option Claim Form_Redacted,
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Att: 6
Exhibit 6 - 20200518 Letter Re Premiums,
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Att: 7
Exhibit 7 - 20200619 Termination and Continuation of Benefits Letter,
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Att: 8
Exhibit 8 - 20200623 Email Re Calling Alex_Redacted,
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Att: 9
Exhibit 9 - 20200622 Email Calculating Benefit Premiums_Redacted,
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Att: 10
Exhibit 10 - 0200706 COBRA Continuation Letter,
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Att: 11
Exhibit 11 - 20210513 Notice the Alex Died_Redacted,
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Att: 12
Exhibit 12 - 20210515 Email Re Review Life Insurance Claim,
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Att: 13
Exhibit 13 - 20210607 Prudential Letter Stating No Policy,
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Att: 14
Exhibit 14 - 20220309 Boonswang Request for Plan Documents,
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Att: 15
Exhibit 15 - 20220509 Boonswang Demand to Medxcel,
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Att: 16
Exhibit 16 - 20220714 Email Re Conversion Right Not Exercised,
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Att: 17
Exhibit 17 - 20220831 Boonswng Demand to Medxcel,
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Att: 18
Exhibit 18 - 20230310 Email Re Plan Documents,
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Att: 19
Exhibit 19 - Ascension Plan Documents,
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Att: 20
Exhibit 20 - Prudential Policy,
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Att: 21
Civil Cover Sheet,
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Att: 22
Proposed Summons,
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Att: 23
Proposed Summons,
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Att: 24
Proposed Summons,
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Att: 25
Proposed Summons,
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Att: 26
Proposed Summons,
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Att: 27
Proposed Summons
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