American Med Res Inc v. Aetna Life Ins Co

Federal Civil Lawsuit Colorado District Court, Case No. 1:02-cv-02360-LTB-PAC
District Judge Lewis T. Babcock, presiding
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District Judge Lewis T. Babcock
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Summary

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Parties
No Logo American Medical Response, Inc., Plaintiff

Represented by stutzmillerurtz.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Charles A. Miller +1 303 861 1200 +1 303 830 0115 cam@stutzmillerurtz.com
Aetna Life Insurance Company Aetna Life Insurance Company, Counter-Claimant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space Jessica Lee Brown +1 303 298 5700 +1 303 313 2831 jbrown@gibsondunn.com
Space Gregory J. Kerwin +1 303 298 5739 +1 303 313 2829 gkerwin@gibsondunn.com
Space Danielle L. Kitson +1 303 298 5788 +1 303 313 2833 dkitson@gibsondunn.com
v.
Aetna Life Insurance Company Aetna Life Insurance Company, Defendant

Represented by Gibson Dunn & Crutcher, LLP

Name Phone Fax E-Mail
Space Jessica Lee Brown +1 303 298 5700 +1 303 313 2831 jbrown@gibsondunn.com
Space Gregory J. Kerwin +1 303 298 5739 +1 303 313 2829 gkerwin@gibsondunn.com
Space Danielle L. Kitson +1 303 298 5788 +1 303 313 2833 dkitson@gibsondunn.com
No Logo American Medical Response, Inc., Counter-Defendant

Represented by stutzmillerurtz.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Charles A. Miller +1 303 861 1200 +1 303 830 0115 cam@stutzmillerurtz.com
Attributes
Office Denver
Filed 12/17/2002
Jury Demand Plaintiff
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Arapahoe
Terminated 2/11/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags NDISPO, TERMED
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 50 Filed: 2/11/2005, Entered: 2/15/2005 Order Dismissing CaseCourt Filing
ORDER DISMISSING with prejudice Pla's claims and dft's counterclaims pursuant to FRCP 41(a)(1). Signed by Judge Lewis T. Babcock on 2/11/05. (gms, )
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Blank 49 Filed: 2/11/2005, Entered: 2/15/2005 Stipulation of Dismissal of Case
STIPULATION of Dismissal with Prejudice of Pla's Claims and Dfts Counterclaims pursuant to FRCP 41(a)(1), each side will be responsible for its own atty fees and costs. by American Medical Response, Inc., Aetna Life Insurance Company. (erv, )
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Blank 48 Filed: 2/7/2005, Entered: 2/10/2005 Description not availableCourt Filing
Minute ORDER granting [47] Motion for Extension of Time to File Stipulation for Dismissal to and incl 2/11/05 by Chief Judge Lewis T. Babcock on 2/7/05. (erv, )
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Blank 47 Filed: 2/4/2005, Entered: 2/8/2005, Terminated: 2/7/2005 Motion for Extension of Time
Unopposed MOTION for Extension of Time for the parties to submit a Stipulation of Dismissal, by Plaintiff American Medical Response, Inc.. (erv, )
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Blank 46 Filed: 1/31/2005, Entered: 2/4/2005 Order on Motion for Extension of TimeCourt Filing
ORDER granting [45] AETNA'S Unopposed Motion to Extend time for the parties to submit a Stipulation for Dismissal. Signed by Chief Judge Lewis T. Babcock on 1/31/05. (erv, )
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Blank 45 Filed: 1/28/2005, Entered: 2/2/2005, Terminated: 1/31/2005 Motion for Extension of Time
Unopposed MOTION to Extend Time for the parties to submit a Stipulation of Dismissal by Defendant Aetna Life Insurance Company. (erv, )
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Blank 44 Filed: 1/18/2005, Entered: 1/24/2005 OrderCourt Filing
MINUTE ORDER; Scheduling Order including the Final Pretrial Conf set 7/22/05 is vacated and Dismissal Paper due by 1/28/2005. Entered by Magistrate Judge Patricia A. Coan on 1/18/05. (pap, )
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Blank 43 Filed: 1/14/2005, Entered: 1/24/2005 Settlement ConferenceCourt Filing
Minute Entry for proceedings held before Judge Patricia A. Coan : Settlement Conference held on 1/14/2005, settlement reached. Settlement documents due 1/28/05 (Record was made) (gms, )
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Blank 42 Filed: 1/12/2005, Entered: 1/18/2005 OrderCourt Filing
MINUTE ORDER re [32] MOTION to Stay filed by Aetna Life Insurance Company, Set Hearings: Motion Hearing set for 3/29/2005 03:00 PM in Courtroom A 201 before Chief Judge Lewis T. Babcock. by Chief Judge Lewis T. Babcock on 1/12/05. (erv, )
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Blank 41 Filed: 1/7/2005, Entered: 1/12/2005 Order on Motion for OrderCourt Filing
ORDER granting [40] Unopposed MOTION for Order to permit Client Represenatives attendance at settlement conf by phone. by Defendant Aetna Life Insurance Company. Signed by Magistrate Judge Patricia A. Coan on 1/7/05. (dlb, )
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Blank 40 Filed: 1/6/2005, Entered: 1/10/2005, Terminated: 1/7/2005 Motion for Order
Unopposed MOTION for Order to permit Client Represenatives attendance at settlement conf by phone. by Defendant Aetna Life Insurance Company. (erv, )
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Blank 39 Filed: 1/6/2005, Entered: 1/7/2005 Response to Motion
RESPONSE to [32] Dfts MOTION to Stay proceedings filed by Plaintiff American Medical Response, Inc.. (erv, )
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Blank 38 Filed: 12/20/2004, Entered: 12/23/2004 Order on Motion for Extension of Time to File RespCourt Filing
Minute ORDER granting [36] Pla's unopposed Motion for Extension of Time to File Response to Motion for Sum Jgm up to and incl 1/21/04 by Chief Judge Lewis T. Babcock on 12/20/04. (erv, )
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Blank 37 Filed: 12/17/2004, Entered: 12/22/2004 OrderCourt Filing
MINUTE ORDER re [32] Dfts MOTION to Stay Proceedings Pending Resolution of its Motion for Sum Jgm, Pla has to and incl 12/29/04 to file a response. filed by Aetna Life Insurance Company, by Chief Judge Lewis T. Babcock on 12/17/04. (erv, )
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Blank 36 Filed: 12/17/2004, Entered: 12/21/2004, Terminated: 12/20/2004 Motion for Extension of Time to File Response/Repl
Unopposed MOTION for Extension of Time to File Response as to [31] Dft's MOTION for Summary Judgment by Plaintiff American Medical Response, Inc.. (erv, )
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Blank 35 Filed: 12/16/2004, Entered: 12/21/2004 Description not availableCourt Filing
ORDER granting [33] Motion for Extension of Time to Amend Pleadings. The deadline for Joinder of the parties and Amendment of the pleadings is extended to 1/21/05 . Signed by Magistrate Judge Patricia A. Coan on 12/16/04. (erv2, )
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Blank 34 Filed: 12/15/2004, Entered: 12/17/2004 MemorandumCourt Filing
MEMORANDUM referring to Magistrate Judge Coan [33] MOTION for Extension of Time to Amend [1] Complaint filed by American Medical Response, Inc., by Chief Judge Lewis T. Babcock on 12/15/04. (erv, )
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Blank 33 Filed: 12/15/2004, Entered: 12/16/2004, Terminated: 12/16/2004 Motion for Extension of Time to Amend
Unopposed MOTION for Extension of Time to Amend [1] Complaint and join parties by Plaintiff American Medical Response, Inc., Counter Defendant American Medical Response, Inc.. (erv, )
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Blank 32 Filed: 12/15/2004, Entered: 12/16/2004 Motion to Stay
MOTION to Stay Proceedings pending resolution of its Motion for Sum Jgm by Defendant Aetna Life Insurance Company, Counter Claimant Aetna Life Insurance Company. (erv, )
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Blank 31 Filed: 12/15/2004, Entered: 12/16/2004 Motion for Summary Judgment
MOTION for Summary Judgment by Defendant Aetna Life Insurance Company, Counter Claimant Aetna Life Insurance Company. (erv, )
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Blank 30 Filed: 11/18/2004, Entered: 11/22/2004 OrderCourt Filing
MINUTE ORDER settong four-day Bench Trial set for 11/28/2005 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. Trial Preparation Conference set for 11/1/2005 at 08:00 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock. by Chief Judge Lewis T. Babcock on 11/18/04. (erv, )
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Blank 29 Filed: 11/16/2004, Entered: 11/18/2004 Scheduling OrderCourt Filing
SCHEDULING ORDER: Settlement Conference set for 1/14/2005 01:30 PM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. Final Pretrial Conference set for 7/22/2005 10:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan.. Signed by Magistrate Judge Patricia A. Coan on 11/16/04. (erv, )
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Blank 28 Filed: 11/15/2004, Entered: 11/18/2004 Scheduling ConferenceCourt Filing
Minute Entry for Scheduling Conf proceedings held before Magistrate Judge Patricia A. Coan : Scheduling Conference held on 11/15/2004 Settlement Conference set for 1/14/2005 01:30 PM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. Final Pretrial Conference set for 7/22/2005 10:30 AM in Courtroom A 501 before Magistrate Judge Patricia A. Coan. (Court Reporter FTR.) (erv, )
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Blank 27 Filed: 10/13/2004, Entered: 10/14/2004 Answer to Counterclaim
REPLY TO COUNTERCLAIM [24-2] by counter-defendant American Med Res Inc (erv)
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Blank 26 Filed: 9/21/2004, Entered: 9/22/2004 OrderCourt Filing
MINUTE ORDER : by Magistrate Judge Patricia A. Coan ; rule 16 conference Reset for 9:00 11/15/04 (cc: all counsel) ; entry date : 9/22/04 (erv)
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Blank 25 Filed: 9/16/2004, Entered: 9/17/2004 Rule 16 ConferenceCourt Filing
ORDER FOR RULE 16 CONFERENCE by Magistrate Judge Patricia A. Coan ; Rule 16 conference set for 8:30 10/20/04 (cc: counsel) (erv)
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Blank 24 Filed: 9/10/2004, Entered: 9/13/2004 Answer
ANSWER to complaint [1-1] and COUNTERCLAIM by defendant Aetna Life Ins Co against plaintiff American Med Res Inc (erv)
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Blank 23 Filed: 8/31/2004, Entered: 9/1/2004 Order Referring Case to Magistrate JudgeCourt Filing
ORDER R16,stat,stlmt,pt,pto Case referred to Magistrate Judge Patricia A. Coan by Chief Judge Lewis T. Babcock (cc: to counsel) (erv)
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Blank 22 Filed: 8/26/2004, Entered: 8/27/2004 OrderCourt Filing
ORDER by Chief Judge Lewis T. Babcock granting Dft Aetna Life Ins Co's motion to strike pltf's jury demand [8-1] motion response [13-1] all counsel) ; entry date : 8/27/04 (erv)
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Blank 21 Filed: 8/26/2004, Entered: 8/27/2004 OrderCourt Filing
ORDER by Chief Judge Lewis T. Babcock granting in part and Denying in part Dft Aetna Life Ins Co's motion to dismiss pltf's claims for bad faith repudiation of contract and breach of fiduciary duty [9-1]; It is GRANTED as to Pla AMR's third claim for relief for bad-faith breach of contract; It is GRANTED as to Pla AMR's first and second claim for relief to the extent they rely on application of the notice-prejudice rule; and It is DENIED as to Pla AMR's first and second claims for relief to the extent those claims do not rely on the notice-prejudice rule; Pla AMR's third claim for relief is DISMISSED; and Pla AMR's first and second claims for relief are DISMISSED Only to the extent they rely on the Notice-Prejudice Rule, but otherwise VALID (cc: all counsel) ; entry date : 8/27/04 (erv)
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Blank 20 Filed: 2/10/2004, Entered: 2/12/2004 Supplement/Amendment
SUPPLEMENTAL AUTHORITY by defendant Aetna Life Ins Co to motion to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty [9-1] (former empl)
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Blank 19 Filed: 5/19/2003, Entered: 5/19/2003 Response to Motion
SURREPLY TO AETNA'S REPLY BRIEF IN SUPPROT OF ITS MOTION TO DISMISS (RESPONSE) by plaintiff American Med Res Inc to motion to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty [9-1] (former empl)
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Blank 18 Filed: 4/18/2003, Entered: 4/21/2003 Reply to Response to Motion
REPLY by defendant Aetna Life Ins Co to Pla's response to Dfts motion to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty [9-1] (erv)
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Blank 17 Filed: 4/18/2003, Entered: 4/21/2003 Reply to Response to Motion
REPLY by defendant Aetna Life Ins Co to Pla's response to Dfts motion to strike pltf's jury demand [8-1] (erv)
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Blank 16 Filed: 4/10/2003, Entered: 4/11/2003 OrderCourt Filing
ORDER signed 4/10/03 by Chief Judge Lewis T. Babcock granting dft's motion to extend time to submit replies in support of its motions to dismiss and to strike to and including 4/18/03 [15-1], regarding [9-1] motion to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty, regarding [8-1] motion to strike pltf's jury demand (cc: all counsel) ; entry date : 4/11/03 (former empl)
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Blank 15 Filed: 4/9/2003, Entered: 4/11/2003, Terminated: 4/10/2003 Motion for Extension of Time
Unopposed MOTION by defendant Aetna Life Ins Co to extend time to submit replies in support of its motions to dismiss and to strike to and including 4/18/03 (former empl)
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Blank 14 Filed: 3/28/2003, Entered: 3/28/2003 Response to Motion
OPPOSITION (RESPONSE) by plaintiff American Med Res Inc to motion to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty [9-1] (former empl)
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Blank 13 Filed: 3/28/2003, Entered: 3/28/2003 Response to Motion
OPPOSITION (RESPONSE by plaintiff American Med Res Inc to motion to strike pltf's jury demand [8-1] (former empl)
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Blank 12 Filed: 2/26/2003, Entered: 2/28/2003 OrderCourt Filing
ORDER by Chief Judge Lewis T. Babcock granting motion to extend time to 3/28/03 to respond to dft's motion to dismiss and motion to strike jury demand [11-1] (cc: all counsel) ; entry date : 2/28/03 (pap)
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Blank 11 Filed: 2/25/2003, Entered: 2/26/2003, Terminated: 2/26/2003 Motion for Extension of Time
Unopposed MOTION by plaintiff American Med Res Inc to extend time to 3/28/03 to respond to dft's motion to dismiss and motion to strike jury demand (former empl)
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Blank 10 Filed: 2/14/2003, Entered: 2/19/2003 OrderCourt Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock Pla has to 2/28/03 to respond to dft's [8-1] motion to strike pltf's jury demand (cc: all counsel) ; entry date : 2/19/03 (gms)
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Blank 9 Filed: 2/12/2003, Entered: 2/14/2003, Terminated: 8/26/2004 Motion to Dismiss
MOTION by defendant Aetna Life Ins Co to dismiss pltf's claims for bad faith repudiation of insurance contract and breach of fiduciary duty (former empl)
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Blank 8 Filed: 2/12/2003, Entered: 2/14/2003, Terminated: 8/26/2004 Motion to Strike
MOTION by defendant Aetna Life Ins Co to strike pltf's jury demand (former empl)
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Blank 7 Filed: 2/10/2003, Entered: 2/14/2003 OrderCourt Filing
MINUTE ORDER : by Chief Judge Lewis T. Babcock granting pltf's motion for order to substitute list of disabled employees [6-1], regarding [1-1] complaint (cc: all counsel) ; entry date : 2/14/03 (former empl)
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Blank 6 Filed: 2/7/2003, Entered: 2/14/2003, Terminated: 2/10/2003 Motion for Order
Assented to MOTION by plaintiff American Med Res Inc for order to substittue list of disabled employees (former empl)
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Blank 5 Filed: 1/9/2003, Entered: 1/13/2003 OrderCourt Filing
ORDER signed 1/9/03 by Chief Judge Lewis T. Babcock granting motion to extend time to respond or answer the complaint be extended to: 2/12/03 [4-1] (cc: all counsel) ; entry date : 1/13/03 (former empl)
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Blank 4 Filed: 1/8/2003, Entered: 1/10/2003, Terminated: 1/9/2003 Motion for Extension of Time to File Answer
MOTION by defendant Aetna Life Ins Co to extend time to respond or answer the complaint be extended to: 2/12/03 (former empl)
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Blank 3 Filed: 1/8/2003, Entered: 1/10/2003 Statement
Corporate Disclosure STATEMENT by defendant Aetna Life Ins Co (former empl)
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Blank 2 Filed: 12/30/2002, Entered: 12/31/2002 Summons Returned ExecutedCourt Filing
RETURN OF SERVICE of Summons and Complaint, cover sheet, Exhibits A,B,and C, and Instructions Re: Availability of US Magistrate Judge to Exercise Jurisdiction pursuant to 28 USC 636(c), FRCP 73, and D.C.COLO.LR 72.6, upon defendant Aetna Life Ins Co on 12/24/02 by leaving with: Randolph C. Wilson, personally, as designee to the Colorado Insurance Commissioner, as Agent to dft (former empl)
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Blank 1 Filed: 12/17/2002, Entered: 12/18/2002 Complaint
COMPLAINT (Summons(es) issued); jury demand (bpm)
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Blank -- Filed: 12/17/2002, Entered: 12/18/2002 Filing Fee Received
FILING FEE PAID: on 12/17/02 in the amount of $ 150, receipt # 240058. (bpm)
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