Bushnell v. Humana Insurance Company

Florida Southern District Court
Judge:	Aileen M Cannon
Referred:	Shaniek Mills Maynard
Case #:	2:24-cv-14237
Nature of Suit	899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause	28:1441 Notice of Removal

Case Filed:	Jul 25, 2024
Terminated:	Jan 13, 2025
Case in other court:	Nineteenth Judicial Circuit Court, 24-01265-SC

Last checked: Tuesday Jan 21, 2025 3:22 AM EST

Defendant Humana Insurance Company	Represented By Emilia A. Quesada Sanchez-Medina, Gonzalez, Quesada, Et Al. (smgq Law) contact info
Plaintiff Jeanne Marie Bushnell 5855 S.E. Riverboat Drive Stuart, FL 34997

GPO Dec 20 2024
REPORT AND RECOMMENDATIONS re 17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice. Recommending Motion be Granted. Complaint be Dismissed without Prejudice and Case be Closed. Objections to R&R due by 1/3/2025. Signed by Magistrate Judge Shaniek Mills Maynard on 12/20/2024. See attached document for full details. (ls)

GPO Jan 13 2025
ORDER ACCEPTING REPORT AND RECOMMENDATIONS accepting Report and Recommendations re 23 Report and Recommendations on 17 Motion to Dismiss, filed by Humana Insurance Company; granting in part and denying in part 17 Motion to Dismiss 1 Notice of Removal (State Court Complaint); Dismissing without prejudice 1 Notice of Removal (State Court Complaint); Closing Case. Signed by Judge Aileen M. Cannon on 1/11/2025. See attached document for full details. (ls)

Docket last updated: 07/02/2025 11:59 PM EDT

Monday, January 13, 2025
25		25 2 pgs order Order Adopting Report and Recommendations Order on Motion to Dismiss Order on Report and Recommendations Mon 01/13 8:40 AM ORDER ACCEPTING REPORT AND RECOMMENDATIONS accepting Report and Recommendations re23 Report and Recommendations on17 Motion to Dismiss, filed by Humana Insurance Company; granting in part and denying in part17 Motion to Dismiss1 Notice of Removal (State Court Complaint); Dismissing without prejudice1 Notice of Removal (State Court Complaint); Closing Case. Signed by Judge Aileen M. Cannon on 1/11/2025. See attached document for full details. (ls) Related: [-]
Thursday, December 26, 2024
24		24 respoth Objections to Report and Recommendations Fri 12/27 9:48 AM Notice of No OBJECTIONS to23 Report and Recommendations by Jeanne Marie Bushnell. (cqs) Related: [-]
Friday, December 20, 2024
23		23 13 pgs motion Report and Recommendations Fri 12/20 11:24 AM REPORT AND RECOMMENDATIONS re17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice. Recommending Motion be Granted. Complaint be Dismissed without Prejudice and Case be Closed. Objections to R&R due by 1/3/2025. Signed by Magistrate Judge Shaniek Mills Maynard on 12/20/2024. See attached document for full details. (ls) Related: [-]
Tuesday, September 03, 2024
22		22 respm Reply to Response to Motion Tue 09/03 3:02 PM Defendant's REPLY to Response to Motion re17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice filed by Humana Insurance Company. (Quesada, Emilia) Related: [-]
Wednesday, August 28, 2024
21		21 order Order Referring Motion Wed 08/28 6:11 PM PAPERLESS ORDER: Pursuant to 28 U.S.C. � 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendant's Motion to Dismiss Plaintiff's Complaint17 is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 8/28/2024. (mp01) Related: [-]
20		20 respm Response in Opposition to Motion Wed 08/28 12:27 PM MOTION to Deny17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice filed by Jeanne Marie Bushnell. Replies due by 9/4/2024. (ls) Related: [-]
Monday, August 26, 2024
19		19 order - Order (PAPERLESS or pdf attached) Mon 08/26 6:25 PM PAPERLESS ORDER striking11 12 unsigned Notices of Consent to Proceed Before Magistrate Judge. Any notice of consent to proceed before a Magistrate Judge must be filed jointly by all parties, and Defendant has not consented15 . Signed by Judge Aileen M. Cannon on 8/26/2024. (mp01) Related: [-]
18		18 order Order on Motion to Remand to State Court Mon 08/26 6:24 PM PAPERLESS ORDER denying16 Plaintiff's Motion to Remand. The Motion provides no legal basis for the relief sought. The existence of a prior similar case litigated in state court does not deprive this Court of jurisdiction over the present case. See 28 U.S.C. � 1331; 42 U.S.C. � 1395. Signed by Judge Aileen M. Cannon on 8/26/2024. (mp01) Related: [-]
Thursday, August 22, 2024
17		17 motion Dismiss Thu 08/22 11:17 AM MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice by Humana Insurance Company. Responses due by 9/5/2024.(Quesada, Emilia) Related: [-]
		Att: 1 Exhibit Policy,
		Att: 2 Exhibit Policy (Continued)
Wednesday, August 21, 2024
16		16 motion Remand to State Court Wed 08/21 11:32 AM MOTION to Remand the Case by Jeanne Marie Bushnell.(kpe) Related: [-]
		Att: 1 Exhibit
15		15 misc Status Report Wed 08/21 9:21 AM STATUS REPORT by Humana Insurance Company (Quesada, Emilia) Related: [-]
Monday, August 19, 2024
14		14 misc Certificate of Other Affiliates/Corporate Disclosure Statement Mon 08/19 2:34 PM Defendant's Corporate Disclosure Statement by Humana Insurance Company identifying Corporate Parent CareNetwork, Inc. for Humana Insurance Company (Quesada, Emilia) Related: [-]
Thursday, August 15, 2024
13		13 misc Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing Thu 08/15 1:41 PM Consent by Pro Se Litigant (Non-Prisoner) Jeanne Marie Bushnell to receive Notices of Electronic Filing at email address: jddocbear@yahoo.com (pcs) Related: [-]
12		12 misc Consent to Jurisdiction by US Magistrate Judge Thu 08/15 1:40 PM Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties. Filed by Jeanne Marie Bushnell (pcs) Related: [-]
Tuesday, August 06, 2024
11		11 misc Consent to Jurisdiction by US Magistrate Judge Wed 08/07 7:38 AM Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties. Filed by Jeanne Marie Bushnell (ls) Related: [-]
Monday, August 05, 2024
10		10 notice Clerk's Notice of Filing Deficiency Tue 08/06 9:19 AM Clerk's Notice of Filing Deficiency Re:9 Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing filed by Jeanne Marie Bushnell. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (ls) Related: [-]
9		9 misc Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing Tue 08/06 9:18 AM Consent by Pro Se Litigant (Non-Prisoner) Jeanne Marie Bushnell to receive Notices of Electronic Filing at email address: jddocbear@yahoo.com (ls) Related: [-]
Tuesday, July 30, 2024
8		8 order Order on Motion for Extension of Time to File Response/Reply/Answer Tue 07/30 3:39 PM PAPERLESS ORDER granting7 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant shall respond to Plaintiff's Complaint [1-1] on or before August 23, 2024 . Signed by Judge Aileen M. Cannon on 7/30/2024. (mp01) Related: [-]
		utility ~Util - Set/Reset Response/Answer Due Deadline Tue 07/30 3:43 PM Reset Response/Answer Due Deadline: Humana Insurance Company response/answer due 8/23/2024. (ls)(per DE #8) Related: [-]
Monday, July 29, 2024
7		7 motion Extension of Time to File Response/Reply/Answer Mon 07/29 6:06 PM Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint), by Humana Insurance Company.(Quesada, Emilia) Related: [-]
		Att: 1 Text of Proposed Order Exhibit 1 - Proposed Order
Friday, July 26, 2024
6		6 notice Clerk's Notice (Other) with Optional Ad Hoc NEF Fri 07/26 9:13 AM CLERK'S NOTICE of Compliance re5 Order (ls) Related: [-]
5		5 order - Order (PAPERLESS or pdf attached) Fri 07/26 9:11 AM ORDER Requiring Pro Se Plaintiff to Consent to Receive Electronic Filings. Signed by Judge Aileen M. Cannon on 7/26/2024. See attached document for full details. (ls) Related: [-]
4		4 order Notice of Court Practice/to Appear/Other ~Util - Set/Reset Deadlines Fri 07/26 9:08 AM Notice of Court Practices in Removal Cases. ( Removal Status Report due by 8/27/2024.) Signed by Judge Aileen M. Cannon on 7/26/2024. See attached document for full details. (ls) Related: [-]
Thursday, July 25, 2024
3		3 order - Order (PAPERLESS or pdf attached) Thu 07/25 7:02 PM NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 7/25/2024. (mp01) Related: [-]
2		2 order Clerk's Notice of Judge Assignment and Optional Consent Thu 07/25 11:15 AM Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24) Related: [-]
1		1 cmp Notice of Removal (State Court Complaint) Thu 07/25 10:32 AM NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 405.00 receipt number AFLSDC-17704697, filed by Humana Health Insurance Company.(Quesada, Emilia) No Answer / Motion to Dismiss filed. Modified on 7/25/2024 (ar24) Related: [-]
		Att: 1 Exhibit State Court Complaint,
		Att: 2 Exhibit State Court Docket Sheet,
		Att: 3 Exhibit State Court Record,
		Att: 4 Exhibit Agency Notice of Decision and Decision,
		Att: 5 Civil Cover Sheet

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