Ohio Northern District Court
Judge:J Philip Calabrese
Case #: 1:23-cv-00378
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Filed:Feb 24, 2023
Terminated:Jan 09, 2025
Case in other court:Cuyahoga County Court of Common Pleas, CV-23-974382
Last checked: Saturday Aug 26, 2023 1:06 PM EDT
Defendant
Optum, Inc.
Represented By
Noah G. Lipschultz
Littler Mendelson - Minneapolis
contact info
James P. Smith
Littler Mendelson
contact info
Defendant
Swagelok Company
Represented By
Noah G. Lipschultz
Littler Mendelson - Minneapolis
contact info
Wesley E. Stockard
Littler Mendelson - Atlanta
contact info
Defendant
United Healthcare Insurance Company
Represented By
Noah G. Lipschultz
Littler Mendelson - Minneapolis
contact info
Wesley E. Stockard
Littler Mendelson - Atlanta
contact info
Defendant
United Healthcare Services, Inc.
Represented By
Noah G. Lipschultz
Littler Mendelson - Minneapolis
contact info
Wesley E. Stockard
Littler Mendelson - Atlanta
contact info
Defendant
UnitedHealth Group, Inc.
Represented By
Noah G. Lipschultz
Littler Mendelson - Minneapolis
contact info
Wesley E. Stockard
Littler Mendelson - Atlanta
contact info
Plaintiff
Eric L. Patterson
Represented By
Benjamin P. Pfouts
Law Office Of Benjamin P. Pfouts
contact info
Patrick J. Perotti
Dworken & Bernstein - Painesville
contact info
Patrick J. Brickman
Dworken & Bernstein - Painesville
contact info

GPO Jan 09 2025
Opinion and Order: The Court DENIES Plaintiff's motion to remand to State court (ECF No. 9) and GRANTS Defendants' motion to dismiss (ECF No. 5). Further, the Court DIRECTS the Clerk to enter judgment accordingly. Judge J. Philip Calabrese on January 9, 2025.(Y,A)

Docket last updated: 4 hours ago
Monday, March 17, 2025
appeal Acknowledgment from the USCA Mon 03/17 11:14 AM
Acknowledgment from the USCA for Sixth Circuit of receipt of34 Notice of Appeal (USCA# 25-3175 . Date filed in USCA 3/17/2025. (H,JL)
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Friday, March 14, 2025
34 34 appeal Notice of Appeal Fri 03/14 7:56 PM
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to33 Order on Motion to alter/amend judgment,27 Order on Motion to dismiss,, Order on Motion to strike,, Order on Motion to Remand to State Court, by Eric L. Patterson. ( Filing fee $ 605 receipt number AOHNDC-13005597.).(Perotti, Patrick)
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Att: 1 Exhibit January 9, 2025 Opinion and Order,
Att: 2 Exhibit February 12, 2025 Opinion and Order
Wednesday, February 12, 2025
33 33 10 pgs order Order on Motion to alter/amend judgment Wed 02/12 12:02 PM
Opinion and Order : The Court DENIES Plaintiff's motions to amend or alter a judgment. (ECF No.29 .) Judge J. Philip Calabrese on February 12, 2025.(Y,A)
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Monday, February 10, 2025
32 32 oth_doc SEALED DOCUMENT Mon 02/10 1:36 PM
SEALED Document: Notice of Filing Exhibit 1 to Rule 59(e) Motion to Amend or Alter Judgment Under Seal filed by Eric L. Patterson. Related document(s)31 ,29 .(Perotti, Patrick)
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Att: 1 Exhibit 1 to Rule 59(e) Motion to Amend or Alter Judgment Under Seal
Friday, February 07, 2025
31 31 4 pgs order Order on Motion for leave Fri 02/07 10:11 PM
Order : The Court GRANTS Plaintiff's motion for leave to file an exhibit under seal (ECF No.30 ). Judge J. Philip Calabrese on February 7, 2025.(Y,A)
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30 30 motion Leave Fri 02/07 1:52 PM
Motion for leave to file Exhibit 1 to Rule 59(e) Motion to Amend or Alter Judgment Under Seal filed by Plaintiff Eric L. Patterson. Related document(s)29 . (Perotti, Patrick)
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Thursday, February 06, 2025
29 29 motion Alter/Amend judgment Thu 02/06 11:34 PM
Motion to alter/amend judgment filed by Plaintiff Eric L. Patterson. Related document(s)27 .(Perotti, Patrick)
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Att: 1 Exhibit Sealed Exhibit
Thursday, January 09, 2025
28 28 order Judgment Thu 01/09 11:23 AM
Judgment Entry Dismissing Case. Judge J. Philip Calabrese on January 9, 2025. (Y,A)
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27 27 1 pgs order Order on Motion to dismiss Order on Motion to strike Order on Motion to Remand to State Court Thu 01/09 11:20 AM
Opinion and Order : The Court DENIES Plaintiff's motion to remand to State court (ECF No.9 ) and GRANTS Defendants' motion to dismiss (ECF No.5 ). Further, the Court DIRECTS the Clerk to enter judgment accordingly. Judge J. Philip Calabrese on January 9, 2025.(Y,A)
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Thursday, June 20, 2024
26 26 notice Address Change Notice (atty event) Thu 06/20 11:20 AM
Address Change Notice by Benjamin P. Pfouts filed by on behalf of Eric L. Patterson. (Pfouts, Benjamin)
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Wednesday, April 03, 2024
25 25 notice Status Report (atty event) Wed 04/03 4:33 PM
Joint Status Report regarding Mediation filed by Eric L. Patterson. (Perotti, Patrick)
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Friday, March 22, 2024
24 24 notice Status Report (atty event) Fri 03/22 3:50 PM
Joint Status Report of the Parties Regarding Mediation and Ongoing Settlement Discussions filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Stockard, Wesley)
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order Order Fri 03/22 7:57 PM
Order [non-document]: Based on the parties' joint status report, the Court directs counsel to advise by April 5, 2024 of the date for mediation and to provide a status report after the mediation. Judge J. Philip Calabrese on March 22, 2024. (Y,A)
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Monday, February 12, 2024
order Order Mon 02/12 10:01 AM
Order [non-document]: Based on the report of the parties, the Court requests that the parties file an updated joint status report by March 22, 2024. Judge J. Philip Calabrese on February 12, 2024. (Y,A)
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Friday, February 09, 2024
23 23 notice Status Report (atty event) Fri 02/09 3:04 PM
Joint Status Report of the Parties Regarding Mediation and Ongoing Settlement Discussions filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Stockard, Wesley)
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Thursday, February 01, 2024
order Order Thu 02/01 8:56 AM
Order [non-document]: Previously, the parties advised that they intended to participate in a mediation in early 2024. The Court requests an update on the date of the mediation and any other pertinent and appropriate matters by February 12, 2024. Judge J. Philip Calabrese on February 1, 2024. (Y,A)
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Friday, November 17, 2023
22 22 notice Status Report (atty event) Fri 11/17 1:59 PM
Joint Status Report of the Parties Regarding Mediator Selection filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Stockard, Wesley)
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Tuesday, October 17, 2023
21 21 1 pgs order Order Tue 10/17 2:59 PM
Mediation Order : The Court orders the parties to mediation by a neutral to be determined. By November 17, 2023, the Court directs the parties to submit a joint status report either identifying an agreed neutral or candidates who might serve in that capacity. Judge J. Philip Calabrese on October 17, 2023. (Y,A)
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minutes Status Conference Tue 10/17 2:57 PM
Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on October 17, 2023. Benjamin P. Pfouts and Patrick J. Perotti appeared for Plaintiff. Wesley E. Stockard appeared for Defendants. The parties provided an update to the Court on the status of the early limited discovery the Court previously ordered. Based on discussions with counsel, the Court ORDERS the parties to mediation and will do so by separate Order. Time: 10 minutes. (Y,A)
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Thursday, August 31, 2023
20 20 order Minute Order _ Status Conference Thu 08/31 8:43 AM
Minutes and Order : The Court held a status conference on August 30, 2023. Benjamin P. Pfouts, Patrick J. Brickman, and Patrick J. Perotti appeared for Plaintiff. James P. Smith and Wesley E. Stockard appeared for Defendants. Based on discussions with counsel, the Court continues to STAY the proceedings except to allow Plaintiff to serve a single interrogatory on Defendants. The Court sets a status conference for October 17, 2023 at 12:00 p.m. via Zoom. Judge J. Philip Calabrese on August 30, 2023. (Y,A)
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Thursday, August 24, 2023
oth_evt Notice of Hearing or Conference Thu 08/24 12:48 PM
IMPORTANT: Notice [non-document]: The Court schedules a status conference for August 30, 2023 at 1:00 p.m. in Chambers 16B before Judge J. Philip Calabrese. (Y,A)
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Wednesday, June 14, 2023
19 19 1 pgs order Order Wed 06/14 9:41 AM
Order : The Court GRANTS NUNC PRO TUNC Defendants' motion for extension of time to answer Plaintiff's complaint (ECF No.13 ). Judge J. Philip Calabrese on 6/14/2023. (Y,A)
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Wednesday, May 17, 2023
18 18 notice Corporate Disclosure Statement (atty event) Wed 05/17 3:20 PM
Corporate Disclosure Statement identifying Corporate Parent UnitedHealth Group Incorporated for United Healthcare Services, Inc. filed by United Healthcare Services, Inc.. (Smith, James)
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17 17 notice Corporate Disclosure Statement (atty event) Wed 05/17 3:18 PM
Corporate Disclosure Statement identifying Corporate Parent UnitedHealth Group Incorporated for United Healthcare Insurance Company filed by United Healthcare Insurance Company. (Smith, James)
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16 16 notice Corporate Disclosure Statement (atty event) Wed 05/17 3:15 PM
Corporate Disclosure Statement filed by UnitedHealth Group, Inc.. (Smith, James)
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15 15 notice Corporate Disclosure Statement (atty event) Wed 05/17 3:14 PM
Corporate Disclosure Statement filed by Swagelok Company. (Smith, James)
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Monday, May 15, 2023
oth_evt Notice of Failure to File Corporate Disclosure Statement Mon 05/15 10:27 AM
Notice by Clerk that Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., and UnitedHealth Group, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (R,AP)
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Friday, May 12, 2023
14 14 answer Answer to Complaint in a Removal Case Fri 05/12 5:11 PM
Answer to Complaint Related [+] filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Smith, James)
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Friday, May 05, 2023
13 13 motion Extension (answer complaint) Fri 05/05 2:07 PM
Unopposed Motion for extension of time until May 12, 2023 to answer Plaintiff's Class Action Complaint filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Smith, James)
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Tuesday, April 18, 2023
minutes Status Conference Tue 04/18 12:03 PM
Minutes of proceedings [non-document] before Judge J. Philip Calabrese. The Court held a status conference by Zoom on April 18, 2023. Benjamin P. Pfouts, Patrick J. Brickman, and Patrick J. Perotti appeared for Plaintiff. James P. Smith, Noah G. Lipschultz, and Wesley E. Stockard appeared for Defendants. In light of the pending appeal in Patterson v. UnitedHealthcare Insurance Co., No. 1:21-cv-00470), the Court discussed with counsel how this matter should proceed. All participants agreed that waiting for a ruling from the Sixth Circuit best promotes overall judicial economy. However, in accordance with Section 3 of the Court's Civil Standing Order, Defendants' answer to Plaintiff's complaint is due May 5, 2023. Time: 15 minutes. (Y,A)
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Thursday, April 13, 2023
order Order on Motion to appear pro hac vice Thu 04/13 11:13 AM
Order [non-document]: granting Plaintiff's Motion for appearance pro hac vice by attorney Noah G. Lipschultz for Optum, Inc.,Noah G. Lipschultz for Swagelok Company,Noah G. Lipschultz for United Healthcare Insurance Company,Noah G. Lipschultz for United Healthcare Services, Inc.,Noah G. Lipschultz for UnitedHealth Group, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No.11 ). Judge J. Philip Calabrese on 4/13/2023.(Y,A)
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Tuesday, April 11, 2023
12 12 motion Appear Pro Hac Vice Tue 04/11 5:11 PM
Unopposed Motion for attorney Noah G. Lipschultz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11939197, filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc..(Smith, James)
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Att: 1 Exhibit A - Declaration of Noah Lipschultz
order Order on Motion to appear pro hac vice Tue 04/11 8:32 AM
Order [non-document]: granting Defendant's Motion for appearance pro hac vice by attorney Wesley E. Stockard for Swagelok Company,Wesley E. Stockard for United Healthcare Insurance Company,Wesley E. Stockard for United Healthcare Services, Inc.,Wesley E. Stockard for UnitedHealth Group, Inc.. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (ECF No.10 ). Judge J. Philip Calabrese on 4/11/2023.(Y,A)
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Monday, April 10, 2023
11 11 motion Appear Pro Hac Vice Mon 04/10 5:56 PM
Unopposed Motion for attorney Noah G. Lipschultz to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11939197, filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc..(Smith, James)
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Att: 1 Exhibit A - Declaration of Noah G. Lipschultz
10 10 motion Appear Pro Hac Vice Mon 04/10 5:46 PM
Unopposed Motion for attorney Wesley E. Stockard to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11939189, filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc..(Smith, James)
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Att: 1 Exhibit A - Declaration of Wesley E Stockard
Monday, April 03, 2023
oth_evt Notice of Hearing or Conference Mon 04/03 8:42 AM
IMPORTANT: Notice [non-document]: The Court schedules a status conference by Zoom on April 18, 2023 at 11:00 a.m. (Y,A)
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Friday, March 24, 2023
9 9 motion Remand to State Court Fri 03/24 7:53 PM
Motion to remand to State Court filed by Plaintiff Eric L. Patterson. Related document(s)8 . (Perotti, Patrick)
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Wednesday, March 15, 2023
8 8 2 pgs order Order Wed 03/15 9:45 AM
Order : The Court ORDERS Plaintiff to file a brief regarding federal jurisdiction no later than April 5, 2023. Pending a determination of its jurisdiction, the Court STAYS the deadline for Plaintiff to respond to Defendants' motion to dismiss (ECF No.5 ). Judge J. Philip Calabrese on 3/15/2023. (Y,A)
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Tuesday, March 14, 2023
7 7 1 pgs order Order reassigning case Tue 03/14 12:46 PM
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge J. Philip Calabrese for all further proceedings. Judge Bridget Meehan Brennan on 3/14/2023. (H,AR)
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order Order on Motion for order Tue 03/14 12:44 PM
Order [non-document] granting Plaintiff's motion to transfer refiled case to original judge. (Doc. No.6 .) Judge Bridget Meehan Brennan on 3/14/2023. (H,AR)
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utility Add and Terminate Judge Tue 03/14 1:22 PM
Judge J. Philip Calabrese assigned to case. Judge Bridget Meehan Brennan terminated. (R,AP)
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Monday, March 13, 2023
6 6 motion Order Mon 03/13 8:41 AM
Motion to Transfer Refiled Case to Original Judge Pursuant to Local Rule 3.2(b)(4) filed by Plaintiff Eric L. Patterson. (Perotti, Patrick)
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Friday, March 03, 2023
5 5 motion Dismiss Fri 03/03 7:05 PM
Motion to dismiss Plaintiff's Complaint Or, In The Alternative, To Strike Class Allegations filed by Optum, Inc., Swagelok Company, United Healthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc..(Smith, James)
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Att: 1 Brief in Support
Monday, February 27, 2023
4 4 order Initial Order - Judge Brennan Mon 02/27 8:19 AM
Initial Standing Order. Judge Bridget Meehan Brennan on 2/27/2023. (L,MI)
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3 3 oth_evt Magistrate Consent Form Issued by Intake Mon 02/27 8:15 AM
Magistrate Consent Form issued. (L,MI)
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utility Add and Terminate Judge Mon 02/27 8:13 AM
Judge Bridget Meehan Brennan assigned to case. (L,MI)
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oth_evt Random Assignment of Magistrate Judge Mon 02/27 8:14 AM
Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (L,MI)
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Friday, February 24, 2023
2 2 notice Corporate Disclosure Statement (atty event) Fri 02/24 5:14 PM
Corporate Disclosure Statement identifying Other Affiliate OptumInsight, Inc., Other Affiliate OptumInsight Holdings, LLC, Other Affiliate UnitedHealth Group, Incorporated for Optum, Inc. filed by Optum, Inc.. (Smith, James)
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1 1 cmp Notice of Removal Fri 02/24 4:51 PM
Notice of Removal from Cuyahoga County Court of Common Pleas, case number CV-23-974382 with jury demand, Filing fee paid $ 402, receipt number AOHNDC-11859814. Filer has indicated that case may be related to pending civil action 1:21-cv-470 . Filed by Optum, Inc.. (Smith, James)
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Att: 1 Exhibit A - Complaint,
Att: 2 Exhibit B - Return of Service,
Att: 3 Exhibit C - Notice of Filing Notice of Removal,
Att: 4 Exhibit D - Docket Sheet,
Att: 5 Civil Cover Sheet