HUMANA INC. v. AMERITOX, LLC

North Carolina Middle District Court
Judge:	Thomas D Schroeder
Referred:	L Patrick Auld
Case #:	1:16-cv-01006
Nature of Suit	791 Labor - Employee Retirement Income Security Act
Cause	29:1001 E.R.I.S.A.: Employee Retirement

Case Filed:

Jul 28, 2016

Docket
Parties (2)

Last checked: Tuesday Jan 24, 2017 4:13 AM EST

Defendant AMERITOX, LLC	Represented By COLLEEN MARY CROWLEY Polsinelli contact info DMITRY SHIFRIN Polsinelli PC contact info
Plaintiff HUMANA INC.	Represented By JEFFREY S. SOUTHERLAND Tuggle Duggins P.A. contact info

Docket last updated: 8 hours ago

Wednesday, June 27, 2018
26		26 misc Stipulation of Dismissal Wed 06/27 10:53 AM STIPULATION of Dismissal of Case with Prejudice by HUMANA INC.. (SOUTHERLAND, JEFFREY) Related: [-]
Monday, February 12, 2018
25		25 notice Notice of Hearing of Master Calendar Mon 02/12 12:21 PM NOTICE of Hearing: JULY Master Trial Calendar: Jury Trial set for 7/8/2019 at 09:30 AM in Unassigned Courtroom before UNASSIGNED JUDGE. Trial Briefs, etc. due 6/17/2019. (Engle, Anita) Related: [-]
Wednesday, January 24, 2018
		utility Set/Reset Scheduling Order Deadlines Wed 01/24 10:15 AM Set Scheduling Order Deadlines: Discovery shall be set out as Complex. The parties doe not consent to reference of the case to a Magistrate Judge or the appointment of a master. Plaintiff's and Defendant's Amended Pleadings due by 3/1/2018. Discovery due by 11/15/2018. Dispositive Motions due by 12/14/2018. Joinder of Parties for Plaintiff and Defendant due by 3/1/2018. (See 1/23/2018 Text Orders) (Garland, Leah) Related: [-]
Tuesday, January 23, 2018
		utility Motions Referred Tue 01/23 8:05 AM Motions Referred: RE:24 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) Related: [-]
		order Rule 26f - Joint Tue 01/23 2:18 PM TEXT ORDER adopting24 Rule 26(f) Report with the following clarifications: (1) the deadlines regarding disclosure of retained experts and their reports also apply to expert disclosures required by Federal Rule of Civil Procedure 26(a)(2)(C); and (2) the Clerk shall set the trial date based on the standard considerations. Issued by MAG/JUDGE L. PATRICK AULD on 01/23/2018. (AULD, L.) Related: [-]
		order Order Tue 01/23 2:20 PM TEXT ORDER relieving the parties of any further mediation obligation in light of their prior unsuccessful mediation of the dispute. Issued by MAG/JUDGE L. PATRICK AULD on 01/23/2018. (AULD, L.) Related: [-]
Monday, January 22, 2018
24		24 motion Rule 26f Report - Joint Mon 01/22 5:16 PM Rule 26(f) Report (Joint) filed by all parties by HUMANA INC..(SOUTHERLAND, JEFFREY) Related: [-]
Thursday, December 21, 2017
23		23 notice Notice of Initial Pretrial Conference Hearing Thu 12/21 9:33 AM NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 1/29/2018 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE L. PATRICK AULD. (Garrett, Kim) Related: [-]
Wednesday, December 20, 2017
22		22 misc Reply - non motion Wed 12/20 3:47 PM REPLY by Plaintiff HUMANA INC. to20 Answer to Amended Complaint, Counterclaim . (SOUTHERLAND, JEFFREY) Related: [-]
Tuesday, November 28, 2017
21		21 motion Extension of Time to File Answer Tue 11/28 12:03 PM Consent MOTION for Extension of Time to File Response/Reply as to20 Answer to Amended Complaint, Counterclaim by HUMANA INC..(SOUTHERLAND, JEFFREY) Related: [-]
		Att: 1 Text of Proposed Order
		order Order on Motion for Extension of Time to Answer Tue 11/28 12:26 PM ORDER granting21 Motion for Extension of Time to Answer Counterclaim for HUMANA INC. Answer due by 12/20/2017. Signed by John Brubaker, Clerk of Court, on 11/28/2017. (Brubaker, John) Related: [-]
Wednesday, November 08, 2017
20		20 answer Answer to Amended Complaint Counterclaim Wed 11/08 4:57 PM ANSWER to Amended Complaint , Affirmative Defenses , Counterclaim against by AMERITOX, LLC. (SHIFRIN, DMITRY) Related: [-]
Wednesday, October 04, 2017
		utility Motions Referred Wed 10/04 10:25 AM Motion Referred to MAG/JUDGE L. PATRICK AULD RE:19 Second MOTION for Extension of Time to File Answer re16 Amended Complaint. (Engle, Anita) Related: [-]
		order Order on Motion for Extension of Time to Answer Wed 10/04 11:00 AM TEXT ORDER granting19 Second Consent Motion for Extension of Time. Defendant shall answer or otherwise respond to16 First Amended Complaint by 11/08/2017. Issued by MAG/JUDGE L. PATRICK AULD on 10/04/2017. (AULD, L.) Related: [-]
Tuesday, October 03, 2017
19		19 motion Extension of Time to File Answer Tue 10/03 9:37 AM Second MOTION for Extension of Time to File Answer re16 Amended Complaint by AMERITOX, LLC.(CROWLEY, COLLEEN) Related: [-]
		Att: 1 Text of Proposed Order
Friday, September 01, 2017
18		18 motion Extension of Time to File Answer Fri 09/01 9:29 AM MOTION for Extension of Time to File Answer re16 Amended Complaint by AMERITOX, LLC.(CROWLEY, COLLEEN) Related: [-]
		Att: 1 Text of Proposed Order
		order Order on Motion for Extension of Time to Answer Fri 09/01 9:37 AM ORDER granting18 Motion for Extension of Time to Answer Amended Complaint for AMERITOX, LLC. Answer due by 10/9/2017. Signed by John Brubaker, Clerk of Court, on 9/1/2017. (Brubaker, John) Related: [-]
Wednesday, August 30, 2017
17		17 notice Notice of Appearance Wed 08/30 12:45 PM NOTICE of Appearance by attorney THOMAS C. MAHLUM on behalf of Plaintiff HUMANA INC. (MAHLUM, THOMAS) Related: [-]
Friday, August 25, 2017
16		16 18 pgs cmp Amended Complaint Fri 08/25 12:09 PM First AMENDED COMPLAINT against defendant AMERITOX, LLC, filed by HUMANA INC..(SOUTHERLAND, JEFFREY) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
Friday, July 28, 2017
15		15 order Order on Motion to Dismiss Fri 07/28 10:35 AM MEMORANDUM ORDER signed by JUDGE THOMAS D. SCHROEDER on 07/28/2017, that Ameritox's motion to dismiss (Doc.8 .) is GRANTED IN PART AND DENIED IN PART, as set forth herein. Humana shall file and serve an amended complaint within thirty (30) days that articulates which plans are covered by ERISA and which are not, as well as which State-law claims are alleged as to the non-ERISA plans, so that Ameritox has notice of which plans are subject to the complaint's State-law claims. Should Humana fail to do so, the court will entertain a renewed motion to dismiss the State-law claims. (Garland, Leah) Related: [-]
		utility Set/Reset Deadlines/Hearings Fri 07/28 10:36 AM Set Deadline: Amended Complaint due by 8/27/2017. (See15 Memorandum Order) (Garland, Leah) Related: [-]
Monday, April 03, 2017
14		14 notice Notice of Appearance Mon 04/03 10:34 AM NOTICE of Appearance by attorney ALEX J. BARTKO on behalf of Defendant AMERITOX, LLC (BARTKO, ALEX) Related: [-]
Friday, March 17, 2017
13		13 notice Notice of Appearance Fri 03/17 10:14 AM NOTICE of Appearance by attorney RICHARD R. BURRIS, III on behalf of Defendant AMERITOX, LLC (BURRIS, RICHARD) Related: [-]
Tuesday, November 22, 2016
		utility Motions Submitted Tue 11/22 1:55 PM Motion Submitted to JUDGE THOMAS D. SCHROEDER:8 MOTION to Dismiss 12(b)(1), 12(b)(6), 9(b). (Engle, Anita) Related: [-]
Monday, November 21, 2016
12		12 respm Reply to Response to Motion Mon 11/21 5:41 PM REPLY, filed by Defendant AMERITOX, LLC, to Response to8 MOTION to Dismiss 12(b)(1), 12(b)(6), 9(b) filed by AMERITOX, LLC. (CROWLEY, COLLEEN) Related: [-]
Friday, November 04, 2016
11		11 respm Response in Opposition to Motion Fri 11/04 4:11 PM RESPONSE in Opposition re9 Memorandum,8 MOTION to Dismiss 12(b)(1), 12(b)(6), 9(b) filed by HUMANA INC.. Replies due by 11/21/2016. (SOUTHERLAND, JEFFREY) Related: [-]
Tuesday, October 11, 2016
10		10 2 pgs misc Corporate Disclosure Statement Tue 10/11 7:30 PM Corporate Disclosure Statement by AMERITOX, LLC. (CROWLEY, COLLEEN) Related: [-]
9		9 22 pgs respm Memorandum Tue 10/11 7:26 PM MEMORANDUM filed by Defendant AMERITOX, LLC re8 MOTION to Dismiss 12(b)(1), 12(b)(6), 9(b) filed by AMERITOX, LLC. (CROWLEY, COLLEEN) Related: [-]
8		8 motion Dismiss Tue 10/11 7:24 PM MOTION to Dismiss 12(b)(1), 12(b)(6), 9(b) by AMERITOX, LLC. Responses due by 11/4/2016 (CROWLEY, COLLEEN) Related: [-]
7		7 notice Notice of Appearance Tue 10/11 7:11 PM NOTICE of Appearance by attorney DMITRY SHIFRIN on behalf of Defendant AMERITOX, LLC (SHIFRIN, DMITRY) Related: [-]
6		6 notice Notice of Appearance Tue 10/11 7:07 PM NOTICE of Appearance by attorney COLLEEN MARY CROWLEY on behalf of Defendant AMERITOX, LLC (CROWLEY, COLLEEN) Related: [-]
Friday, August 12, 2016
5		5 service Waiver of Service of Summons Fri 08/12 3:19 PM WAIVER OF SERVICE of SUMMONS by HUMANA INC.. AMERITOX, LLC waiver sent on 8/9/2016, answer due 10/11/2016. (SOUTHERLAND, JEFFREY) Related: [-]
Monday, August 01, 2016
4		4 notice Notice of Right to Consent Mon 08/01 10:34 AM Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Coyne, Michelle) Related: [-]
3		3 service Summons Issued Mon 08/01 10:30 AM Summons Issued as to AMERITOX, LLC. (Coyne, Michelle) Related: [-]
Friday, July 29, 2016
		utility Case Assigned Fri 07/29 11:06 AM Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAGISTRATE JUDGE L. PATRICK AULD. Set flag for Magistrate Judge L. Patrick Auld. (Coyne, Michelle) Related: [-]
Thursday, July 28, 2016
2		2 misc Corporate Disclosure Statement Thu 07/28 5:07 PM Corporate Disclosure Statement by HUMANA INC.. (SOUTHERLAND, JEFFREY) Related: [-]
1		1 17 pgs cmp Complaint Thu 07/28 4:50 PM COMPLAINT against AMERITOX, LLC ( Filing fee $ 400 receipt number 0418-1957820.), filed by HUMANA INC..(SOUTHERLAND, JEFFREY) Related: [-]
		utility Case Referred to Mediation Thu 07/28 5:11 PM CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) Related: [-]

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