Texas Northern District Court
Judge:Sidney A Fitzwater
Case #: 3:24-cv-01816
Nature of Suit190 Contract - Other Contract
Cause28:1331 Fed. Question: Breach of Contract
Case Filed:Jul 16, 2024
Last checked: Sunday Jan 12, 2025 3:22 AM CST
Defendant
Aetna Health Inc
Represented By
Jonathan M Herman
Herman Law Firm
contact info
Charles W Hill
Mckamie Krueger, LLP
contact info
Defendant
AETNA Life Insurance Company
Represented By
Jonathan M Herman
Herman Law Firm
contact info
Charles W Hill
Mckamie Krueger, LLP
contact info
Defendant
Aetna Health Management LLC
Represented By
Jonathan M Herman
Herman Law Firm
contact info
Charles W Hill
Mckamie Krueger, LLP
contact info
Plaintiff
ER Addison LLC
Represented By
Robert L Chaiken
Chaiken & Chaiken PC
contact info
John David Blakley
Dunn Sheehan LLP
contact info
Connor Gordan Sheehan
Dunn Sheehan LLP
contact info
Carrie P Kitner
Chaiken & Chaiken PC
contact info
Plaintiff
ER Coit LLC
Represented By
Robert L Chaiken
Chaiken & Chaiken PC
contact info
John David Blakley
Dunn Sheehan LLP
contact info
Connor Gordan Sheehan
Dunn Sheehan LLP
contact info
Carrie P Kitner
Chaiken & Chaiken PC
contact info
Plaintiff
ER Hulen LLC
Represented By
Robert L Chaiken
Chaiken & Chaiken PC
contact info
John David Blakley
Dunn Sheehan LLP
contact info
Connor Gordan Sheehan
Dunn Sheehan LLP
contact info
Carrie P Kitner
Chaiken & Chaiken PC
contact info
Plaintiff
ERNearMe Plano LLC
Represented By
Robert L Chaiken
Chaiken & Chaiken PC
contact info
John David Blakley
Dunn Sheehan LLP
contact info
Connor Gordan Sheehan
Dunn Sheehan LLP
contact info
Carrie P Kitner
Chaiken & Chaiken PC
contact info


Docket last updated: 32 minutes ago
Monday, January 06, 2025
38 38 order Order on Motion for Leave to File Mon 01/06 1:59 PM
ELECTRONIC ORDER granting36 Unopposed MOTION for Leave to File Reply in Support of Motion to Dismiss in Excess of Page Limit filed by Aetna Health Inc, Aetna Health Management LLC, AETNA Life Insurance Company. The motion is GRANTED. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 1/6/2025) (Senior Judge Sidney A Fitzwater)
Related: [-]
37 37 respm Reply Mon 01/06 1:57 PM
REPLY filed by Aetna Health Inc, Aetna Health Management LLC, AETNA Life Insurance Company re:30 MOTION to Dismiss Plaintiff's First Amended Complaint (Doc. 22) (Herman, Jonathan)
Related: [-]
36 36 motion Leave to File Mon 01/06 1:53 PM
Unopposed MOTION for Leave to File Reply in Support of Motion to Dismiss in Excess of Page Limit filed by Aetna Health Inc, Aetna Health Management LLC, AETNA Life Insurance Company with Brief/Memorandum in Support. (Herman, Jonathan)
Related: [-]
Att: 1 Proposed Order
Thursday, December 26, 2024
35 35 1 pgs order Order on Motion for Leave to File Thu 12/26 11:32 AM
ORDER GRANTING PLAINTIFFS'33 MOTION FOR LEAVE TO EXCEED PAGE LIMIT. (Ordered by Senior Judge Sidney A Fitzwater on 12/26/2024) (twd)
Related: [-]
Monday, December 23, 2024
34 34 respm Response/Objection Mon 12/23 9:10 PM
RESPONSE filed by ERNearMe Plano LLC, ER Addison LLC, ER Hulen LLC, ER Coit LLC re:30 MOTION to Dismiss Plaintiff's First Amended Complaint (Doc. 22) (Chaiken, Robert)
Related: [-]
33 33 motion Leave to File Mon 12/23 9:09 PM
Unopposed MOTION for Leave to File Response in Excess of the Page Limit filed by ERNearMe Plano LLC, ER Addison LLC, ER Hulen LLC, ER Coit LLC (Chaiken, Robert)
Related: [-]
Att: 1 Proposed Order
Thursday, December 05, 2024
32 32 1 pgs order Order on Motion to Extend Time to File Response/Reply Fri 12/06 8:47 AM
ORDER granting31 Motion to Extend Time to File Response/Reply. It is therefore, ORDERED, that the Plaintiffs' Unopposed Motion for Leave to File Under Seal is GRANTED and Plaintiffs' response to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint is now due on or before 12/26/2024. (Ordered by Senior Judge Sidney A Fitzwater on 12/5/2024) (ykp)
Related: [-]
31 31 motion Extension of Time to File Response/Reply Thu 12/05 2:11 PM
MOTION for Extension of Time to File Response/Reply to30 MOTION to Dismiss Plaintiff's First Amended Complaint (Doc. 22) filed by ERNearMe Plano LLC, ER Addison LLC, ER Hulen LLC, ER Coit LLC (Chaiken, Robert)
Related: [-]
Att: 1 Proposed Order
Wednesday, November 20, 2024
30 30 motion Dismiss Wed 11/20 10:33 AM
MOTION to Dismiss Plaintiff's First Amended Complaint (Doc. 22) filed by Aetna Health Inc, Aetna Health Management LLC, AETNA Life Insurance Company with Brief/Memorandum in Support. (Herman, Jonathan)
Related: [-]
Att: 1 Exhibit(s)
Wednesday, November 13, 2024
29 29 4 pgs order Order Setting Deadline/Hearing Wed 11/13 11:11 AM
TRIAL SETTING ORDER: Jury Trial set for 10/19/2026 before Senior Judge Sidney A Fitzwater. This case is set for trial on the date indicated above, for a two-week docket. (Ordered by Senior Judge Sidney A Fitzwater on 11/13/2024) (ykp)
Related: [-]
28 28 order Scheduling Order Wed 11/13 11:03 AM
SCHEDULING ORDER: Amended Pleadings due by 12/15/2025. Discovery due by 5/15/2026. Joinder of Parties due by 11/14/2025. Motions due by 6/15/2026. Status Report due by 5/15/2026. The court will set the case for trial by separate order. (Ordered by Senior Judge Sidney A Fitzwater on 11/13/2024) (ykp)
Related: [-]
Friday, November 01, 2024
27 27 misc Proposed Scheduling and Discovery Order Fri 11/01 1:25 PM
Proposal for contents of scheduling and discovery order by ERNearMe Plano LLC, Aetna Health Inc, Aetna Health Management LLC, ER Addison LLC, AETNA Life Insurance Company, ER Hulen LLC, ER Coit LLC. (Chaiken, Robert)
Related: [-]
Tuesday, October 29, 2024
26 26 order Order on Motion to Dismiss Tue 10/29 1:43 PM
ELECTRONIC ORDER terminating without prejudice19 MOTION to Dismiss filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC based on the filing of22 AMENDED COMPLAINT WITH JURY DEMAND against AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC filed by ER Addison LLC, ERNearMe Plano LLC, ER Coit LLC, ER Hulen LLC. (Ordered by Senior Judge Sidney A Fitzwater on 10/29/2024) (Senior Judge Sidney A Fitzwater)
Related: [-]
Wednesday, October 23, 2024
25 25 sealex Sealed and/or Ex Parte Document Wed 10/23 3:35 PM
(Document Restricted) Sealed Exhibits A and C re:22 Amended Complaint filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (agc)
Related: [-]
Att: 1 Exhibit C
24 24 order Order on Sealed and/or Ex Parte Motion Wed 10/23 2:38 PM
ELECTRONIC ORDER granting23 Unopposed Motion for Leave to File Under Seal filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. Pending further court order, it is ORDERED that the Plaintiffs' Motion for Leave to File Under Seal is GRANTED, and Exhibits "A" [23-1] and "C" [23-3] to Plaintiffs' First Amended Complaint are filed as sealed documents. (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 10/23/2024) (Senior Judge Sidney A Fitzwater)
Related: [-]
23 23 motion Sealed and/or Ex Parte Motion Wed 10/23 1:42 PM
(Document Restricted) Sealed Unopposed Motion for Leave to File Under Seal (Sealed pursuant to motion to seal) filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC (Chaiken, Robert)
Related: [-]
Att: 1 Exhibit(s) A,
Att: 2 Exhibit(s) C,
Att: 3 Proposed Order
22 22 cmp Amended Complaint Wed 10/23 1:38 PM
AMENDED COMPLAINT WITH JURY DEMAND against AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC filed by ER Addison LLC, ERNearMe Plano LLC, ER Coit LLC, ER Hulen LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Chaiken, Robert)
Related: [-]
Att: 1 Exhibit(s) B
Friday, October 04, 2024
21 21 3 pgs order Order for Scheduling Order Proposal Fri 10/04 9:46 AM
Order: Proposed Scheduling Order due by 11/1/2024. (Ordered by Senior Judge Sidney A Fitzwater on 10/4/2024) (kaf)
Related: [-]
Thursday, October 03, 2024
20 20 respm Appendix in Support Thu 10/03 10:20 AM
Appendix in Support filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC re19 MOTION to Dismiss (Herman, Jonathan)
Related: [-]
Att: 1 Appendix Pages 1-84,
Att: 2 Appendix Pages 85-1584
Att: 3 Appendix Pages 1585-3019,
Att: 4 Appendix Pages 3020-4525,
Att: 5 Appendix Pages 4526-5636,
Att: 6 Appendix Pages 5637-7055
Wednesday, October 02, 2024
19 19 motion Dismiss Wed 10/02 7:56 PM
MOTION to Dismiss filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC with Brief/Memorandum in Support. (Herman, Jonathan)
Related: [-]
Att: 1 Appendix Pages 1-84,
Att: 2 Proposed Order
Tuesday, September 24, 2024
18 18 misc Certificate Of Interested Persons/Disclosure Statement Tue 09/24 8:54 AM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC. (Clerk QC note: Affiliate entry indicated). (Herman, Jonathan)
Related: [-]
Tuesday, September 17, 2024
17 17 1 pgs order Order on Motion for Extension of Time Tue 09/17 2:17 PM
ORDER granting16 Motion to Extend Time to File Responsive Pleadings. The deadline for Defendants to file to responsive pleadings or, alternatively, for Plaintiffs to file an Amended Complaint, is on or before 10/2/2024 (Ordered by Senior Judge Sidney A Fitzwater on 9/17/2024) (cfk)
Related: [-]
16 16 motion Extension of Time Tue 09/17 1:26 PM
Unopposed MOTION to Extend Time to File Responsive Pleadings filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC with Brief/Memorandum in Support. (Herman, Jonathan)
Related: [-]
Att: 1 Proposed Order
misc Order Receipt Tue 09/17 2:17 PM
***Clerk's Notice of delivery: (see NEF for details) Docket No:17. Tue Sep 17 14:17:57 CDT 2024 (crt)
Related: [-]
Wednesday, August 28, 2024
15 15 1 pgs order Order on Motion for Extension of Time to File Document Wed 08/28 2:15 PM
ORDER granting14 Motion for Extension of Time to File Responsive Pleadings. (Ordered by Senior Judge Sidney A Fitzwater on 8/28/2024) (cfk)
Related: [-]
14 14 motion Extension of Time to File Document Wed 08/28 7:52 AM
Second MOTION for Extension of Time to File Responsive Pleadings (Unopposed) filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC with Brief/Memorandum in Support. (Herman, Jonathan)
Related: [-]
Att: 1 Proposed Order
Thursday, July 25, 2024
13 13 1 pgs order Order on Motion for Extension of Time to File Answer Thu 07/25 10:49 AM
ORDER granting12 Motion for Extension of Time to File Answer1 Complaint and that Defendants' responsive pleadings are due on or before 8/28/2024. (Ordered by Senior Judge Sidney A Fitzwater on 7/25/2024) (ykp)
Related: [-]
Wednesday, July 24, 2024
12 12 motion Extension of Time to File Answer Wed 07/24 4:47 PM
Unopposed Motion for Extension of Time to File Answer filed by AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC with Brief/Memorandum in Support.Attorney Jonathan M Herman added to party AETNA Life Insurance Company(pty:dft), Attorney Jonathan M Herman added to party Aetna Health Inc(pty:dft), Attorney Jonathan M Herman added to party Aetna Health Management LLC(pty:dft) (Herman, Jonathan)
Related: [-]
Att: 1 Proposed Order
11 11 order Order on Motion for Leave to File Wed 07/24 9:04 AM
ELECTRONIC ORDER granting9 Unopposed MOTION for Leave to File Ex A to Original Complaint Under Seal filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 7/24/2024) (Senior Judge Sidney A Fitzwater)
Related: [-]
Tuesday, July 23, 2024
10 10 sealex Sealed and/or Ex Parte Document Tue 07/23 4:52 PM
(Document Restricted) Ex. A to Plaintiffs' Original Complaint (Sealed pursuant to SO 19-1, statute, or rule) filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC (Chaiken, Robert)
Related: [-]
9 9 motion Leave to File Tue 07/23 4:48 PM
Unopposed MOTION for Leave to File Ex A to Original Complaint Under Seal filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC (Chaiken, Robert)
Related: [-]
Att: 1 Proposed Order
Monday, July 22, 2024
8 8 service Summons Returned Mon 07/22 10:06 AM
SUMMONS Returned Executed as to AETNA Life Insurance Company; served on 7/17/2024; Aetna Health Inc; served on 7/17/2024; Aetna Health Management LLC; served on 7/17/2024. (agc)
Related: [-]
Att: 1 Aetna Health Management LLC,
Att: 2 Aetna Life Insurance Company
Tuesday, July 16, 2024
7 7 service Summons Issued Tue 07/16 2:26 PM
Summons Issued as to AETNA Life Insurance Company, Aetna Health Inc, Aetna Health Management LLC. (axm)
Related: [-]
6 6 qcref Fitzwater Tue 07/16 2:25 PM
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (axm)
Related: [-]
5 5 misc Request for Clerk to Issue Document Tue 07/16 12:33 PM
Request for Clerk to issue Summons filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (Chaiken, Robert)
Related: [-]
4 4 misc Request for Clerk to Issue Document Tue 07/16 12:32 PM
Request for Clerk to issue Summons filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (Chaiken, Robert)
Related: [-]
3 3 misc Request for Clerk to Issue Document Tue 07/16 12:32 PM
Request for Clerk to issue Summons filed by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (Chaiken, Robert)
Related: [-]
2 2 misc Certificate Of Interested Persons/Disclosure Statement Tue 07/16 12:28 PM
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by ER Addison LLC, ER Coit LLC, ER Hulen LLC, ERNearMe Plano LLC. (Clerk QC note: No affiliate entered in ECF). (Chaiken, Robert)
Related: [-]
1 1 25 pgs cmp Complaint Tue 07/16 12:19 PM
COMPLAINT WITH JURY DEMAND against All Defendants filed by ER Addison LLC, ERNearMe Plano LLC, ER Coit LLC, ER Hulen LLC. (Filing fee $405; Receipt number ATXNDC-14765626) Plaintiff will submit summons(es) for issuance. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the[LINK:Judges Copy Requirements] and[LINK:Judge Specific Requirements] is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Chaiken, Robert)
Related: [-]
Att: 1 Cover Sheet