H. v. United Healthcare Insurance Company et al
| Texas Southern District Court | |
| Judge: | Keith P Ellison |
| Case #: | 4:25-cv-01405 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | Mar 26, 2025 |
| Case in other court: | Utah, 2:24-cv-00389 |
| Last checked: Wednesday Mar 26, 2025 5:06 PM CDT |
|
Defendant
United Behavioral Health
|
Represented By
|
|
Defendant
United Healthcare Insurance Company
United Health Group Legal Dept Route MN008-T202 9900 Bren Road East
Minnetonka, MN 55343 |
Represented By
|
|
Plaintiff
Johnny H.
|
Represented By
|
| Docket last updated: 03/26/2025 5:21 PM CDT |
| Thursday, May 30, 2024 | ||
| 1 | 1
14
pgs
COMPLAINT against United Behavioral Health, United Healthcare Insurance Company (Filing fee $ 405, receipt number AUTDC-5077487) filed by Johnny H., individually and on behalf of J.H., a minor,. (King, Brian)
|
|
|
Att: 1
Civil Cover Sheet
|
||
| Friday, May 31, 2024 | ||
| Magistrate Judge Cecilia M. Romero added. Case number will now read 2:24-cv-00389-CMR. Please make changes to document captions accordingly. (kec) | ||
| Monday, June 03, 2024 | ||
| 2 | 2
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 6/3/2024. (haa)
|
|
| Wednesday, June 19, 2024 | ||
| 3 | 3
WAIVER OF SERVICE Returned Executed filed by Johnny H. (King, Brian)
|
|
| 4 | 4
WAIVER OF SERVICE Returned Executed filed by Johnny H. (King, Brian)
|
|
| Thursday, June 20, 2024 | ||
| 5 | 5
NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail to the address on the form.
Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Johnny H., Defendants United Behavioral Health, United Healthcare Insurance Company. Form due by 7/11/2024. (mh)
|
|
| 6 | 6 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Plaintiff Johnny H., Defendants United Behavioral Health, United Healthcare Insurance Company. (mh) | |
| Thursday, July 11, 2024 | ||
| 7 | 7 RECEIVED Consent/Reassignment Form from Plaintiff Johnny H.. (mh) | |
| 8 | 8 RECEIVED Consent/Reassignment Form from Defendants United Behavioral Health, United Healthcare Insurance Company. (mh) | |
| 9 | 9 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-4 has not been obtained. Case randomly assigned to Judge Jill N. Parrish and Magistrate Judge Cecilia M. Romero. Magistrate Judge is automatically referred under 28 U.S.C636(b)(1)(A). Magistrate Judge Cecilia M. Romero no longer assigned as the presiding judge to the case. (mh) | |
| Monday, July 15, 2024 | ||
| 10 | 10
NOTICE of Appearance by Christopher J. Martinez on behalf of United Behavioral Health, United Healthcare Insurance Company (Martinez, Christopher)
|
|
| Tuesday, July 23, 2024 | ||
| 11 | 11
CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 7/23/2024. (lwh)
|
|
| Tuesday, July 30, 2024 | ||
| 12 | 12
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order11 filed by Defendants United Behavioral Health, United Healthcare Insurance Company (Bauhs, Maryann)
|
|
| 13 | 13
NOTICE OF ACKNOWLEDGMENT of Civil Standing Order11 filed by Plaintiff Johnny H. (King, Brian)
|
|
| Friday, August 02, 2024 | ||
| 14 | 14
MOTION to Change Venue and Memorandum in Support Pursuant to 28 U.S.C. 1404(A) filed by Defendants United Behavioral Health, United Healthcare Insurance Company. Motions referred to Cecilia M. Romero.(Martinez, Christopher)
|
|
|
Att: 1
Affidavit Declaration of Julie Bullock,
|
||
|
Att: 2
Exhibit 1 Part 1,
|
||
|
Att: 3
Exhibit 1 Part 2,
|
||
|
Att: 4
Exhibit 1 Part 3,
|
||
|
Att: 5
Exhibit 1 Part 4,
|
||
|
Att: 6
Exhibit 2
|
||
| 15 | 15
Stipulated MOTION for Extension of Time to File Answer re1 Complaint, Pending Motion to Transfer Venue filed by Defendants United Behavioral Health, United Healthcare Insurance Company. Motions referred to Cecilia M. Romero.(Bauhs, Maryann)
|
|
|
Att: 1
Text of Proposed Order
|
||
| Monday, August 05, 2024 | ||
| 16 | 16
ORDER granting 15 Motion for Extension of Time to Answer 1 Complaint pending Motion to Transfer Venue. Signed by Magistrate Judge Cecilia M. Romero on 8/5/24. (dle)
|
|
| Friday, August 16, 2024 | ||
| 17 | 17
21
pgs
MEMORANDUM in Opposition re14 MOTION to Change Venue and Memorandum in Support Pursuant to 28 U.S.C. 1404(A) filed by Plaintiff Johnny H..(King, Brian)
|
|
|
Att: 1
Exhibit 1 - The Plan,
|
||
|
Att: 2
Exhibit 2 - December 3, 2021 Denial Letter,
|
||
|
Att: 3
Exhibit 3 - June 2, 2021 Denial Letter,
|
||
|
Att: 4
Exhibit 4 - Declaration of Sherilee Jackson,
|
||
|
Att: 5
Exhibit 5 - Email Exchange in H.S. v. United,
|
||
|
Att: 6
Exhibit 6 - Email Exchange in J.W. v. United,
|
||
|
Att: 7
Exhibit 7 - Declaration of Brian S. King,
|
||
|
Att: 8
Exhibit 8 - Declaration of Mary Covington
|
||
| Friday, August 30, 2024 | ||
| 18 | 18
REPLY to Response to Motion re14 MOTION to Change Venue and Memorandum in Support Pursuant to 28 U.S.C. 1404(A) filed by Defendants United Behavioral Health, United Healthcare Insurance Company. (Bauhs, Maryann)
|
|
| 19 | 19
Second AFFIDAVIT/DECLARATION of Julie Bullock in Support re14 MOTION to Change Venue and Memorandum in Support Pursuant to 28 U.S.C. 1404(A) filed by Defendants United Behavioral Health, United Healthcare Insurance Company.(Bauhs, Maryann)
|
|
|
Att: 1
Exhibit 1
|
||
| Tuesday, October 01, 2024 | ||
| 20 | 20 Motions No Longer Referred:14 MOTION to Change Venue and Memorandum in Support Pursuant to 28 U.S.C. 1404(A) . District Judge Judge Parrish will handle the motion. (ksb) | |
| Wednesday, January 22, 2025 | ||
| 21 | 21 DOCKET TEXT ORDER: Plaintiffs filed this case using only their initials. Rule 10(a) of the Federal Rules of Civil Procedure requires a complaint to name all the parties. Fed. R. Civ. P. 10(a); see also Fed. R. Civ. P. 17(a) . "Absent permission by the district court to proceed anonymously, and under such other conditions as the court may impose (such as requiring disclosure of their true identity under seal), the federal courts lack jurisdiction over the unnamed parties." Nat'l Commodity & Barter Ass'n, Nat'l Commodity Exch. v. Gibbs, 886 F.2d 1240, 1245 (10th Cir. 1989). Therefore, within fourteen days, Plaintiffs must either file an amended complaint under their full names orfile a motion for leave to proceed under initials. If Plaintiffs do not comply, this case may be dismissed for lack of subject matter jurisdiction. Signed by Judge Jill N. Parrish on 1/22/25. (ksb) | |
| Wednesday, January 29, 2025 | ||
| 22 | 22
Plaintiff's MOTION Leave to Proceed Anonymously and Memorandum in Support filed by Plaintiff Johnny H.. Motions referred to Cecilia M. Romero.(King, Brian)
|
|
| Friday, March 14, 2025 | ||
| 23 | 23 NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form[LINK:motion] is available on the court's website. Notice e-mailed or mailed to Plaintiff Johnny H., Defendants United Behavioral Health, United Healthcare Insurance Company. (dle) | |
| Wednesday, March 26, 2025 | ||
| Referral Judge Selected: Magistrate Judge Richard W. Bennett randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bkt4) | ||
| 24 | 24
10
pgs
MEMORANDUM DECISION AND ORDER granting 14 Motion to Transfer Venue: The Clerk of the Court shall transfer this action to the United States District Court for the Southern District of Texas. Signed by Judge Jill N. Parrish on 3/26/25. (dle)
|
|
| 25 | 25
Case transferred in from Utah. Case Number 2:24-cv-00389; certified copy of transfer order, certified docket sheet, and transfer letter received
|
|
| 26 | 26
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bkt4)
|
|
| 27 | 27
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 7/11/2025 at 11:15 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified. (bkt4)
|
|