Bernstein v. CapitalCare, Inc.

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 1:94-cv-00622-LMB
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Parties
No Logo Philip Bernstein Personal Representative of the Estate of Jeffrey Bernstein, Plaintiff

Represented by Richard D. Carter PLLC

Name Phone Fax E-Mail
Space Richard Dennis Carter +1 703 549 0076 +1 703 299 8740 rcarter@richcarterlaw.com
v.
No Logo CapitalCare, Inc., Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Mary Atchley Jester +1 757 336 6418
Attributes
Office Alexandria
Filed 5/12/1994
Jury Demand None
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 Judgment - Motion Before Trial
County Out of State
Terminated 1/30/1996
Origin 4
Reopened 12/29/1995
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
Timeline
  Entries (53) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank -- Filed: 12/22/1998, Entered: 12/22/1998 Docket Annotation
pltf.'s exhibits destroyed 12/21 at request of counsel (clerk)
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Blank -- Filed: 12/10/1998, Entered: 12/10/1998 Docket Annotation
deft.'s exhibits destroyed at request of counsel (clerk)
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Blank 41 Filed: 1/30/1996, Entered: 1/31/1996 OrderCourt Filing
ORDER OF REMAND the mandate issued 12/26/95 and the case is ripe for remand. Consistent with the instructions of the fourth circuit, this case is remanded to the Capitalcare plan administrator with the following instructions: 1. To review the evidence that has been developed since the original denial; 2. To receive additional evidence; and 3. To make a new determination. The Capitalcare administrator shall have sixty (60) days from the date of the entry of this order to mail its new determination - ent & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (mcke)
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Blank -- Filed: 1/30/1996, Entered: 10/23/1997 Case Assigned/Reassigned
CASE assigned to Judge Leonie M. Brinkema (clerk)
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Blank -- Filed: 1/30/1996, Entered: 10/22/1997 Terminated Case
Case closed (clerk)
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Blank 40 Filed: 12/29/1995, Entered: 1/3/1996 USCA Mandate
Opinion of USCA re: [36-1] appeal by Philip Bernstein (mcke)
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Blank 39 Filed: 12/29/1995, Entered: 1/3/1996 USCA Judgment
JUDGMENT OF USCA (certified copy) Re: [36-1] appeal by Philip Bernstein, the court VACATES the judgment of the district court. The case is REMANDED to the U.S. District Court with instructions not inconsistent with the opinion of this court filed herewith (mcke)
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Blank -- Filed: 12/29/1995, Entered: 1/4/1996 Case Reopened
Case reopened (mcke)
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Blank 38 Filed: 12/6/1995, Entered: 12/6/1995 USCA Mandate
Published Opinion of USCA vacating and remanding the decision of the USDC (clerk)
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Blank -- Filed: 2/13/1995, Entered: 2/13/1995 Certificate of Completion
Certificaton of completion sent to USCA re: [36-1] appeal by Philip Bernstein (lbac)
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Blank 37 Filed: 2/3/1995, Entered: 2/3/1995 Transcript
TRANSCRIPT (LMB) for dates of 10/14/94 (lbac)
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Blank -- Filed: 11/21/1994, Entered: 11/21/1994, Terminated: 1/30/1996 USCA Case Number
USCA NUMBER: 94-2448 (lbac)
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Blank 36 Filed: 10/21/1994, Entered: 11/4/1994 Notice of Appeal
NOTICE OF APPEAL of Order dated 10/21/94 filed by Philip Bernstein. Copies of Notice, Order and docket sent to USCA and all parties. FILING FEE $ 105.00 RECEIPT # 102456 (lbac)
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Blank 35 Filed: 10/14/1994, Entered: 10/19/1994 OrderCourt Filing
ORDER denying [27-1] motion by Philip Bernstein forcross motion for Summary Judgment , granting [21-1] motion by CapitalCare, Inc. for Summary Judgment ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y (jsol)
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Blank 34 Filed: 10/14/1994, Entered: 10/19/1994 Affidavit
AFFIDAVIT of Michael Pistole, MD - filed in open court (jsol)
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Blank -- Filed: 10/14/1994, Entered: 10/19/1994 Terminated Case
Case closed (jsol)
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Blank -- Filed: 10/14/1994, Entered: 10/19/1994 Minutes-Miscellaneous
Minute entry: (LMB) r: Wilson. Appearances: counsel On for motions for SJ - deft/s motion argued & granted. Pltf's motion argued and denied. (jsol)
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Blank 33 Filed: 10/13/1994, Entered: 10/13/1994 Reply to Response to Motion
REPLY by Philip Bernstein to opposition to cross motion for summary judgment (clerk)
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Blank 32 Filed: 10/7/1994, Entered: 10/12/1994 Memorandum in Opposition
MEMORANDUM by CapitalCare, Inc. in reply to its motion for summary judgment and in opposition to [27-1] motion by Philip Bernstein for cross motion for Summary Judgment (ltun)
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Blank 31 Filed: 9/27/1994, Entered: 9/27/1994 Memorandum in Support
REPLY MEMORANDUM by CapitalCare, Inc. in support of [21-1] motion by CapitalCare, Inc. for Summary Judgment (clerk)
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Blank 29 Filed: 9/27/1994, Entered: 9/27/1994 Docket Annotation
Statement of material facts as to which there is no genuine issue filed by pltf. (clerk)
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Blank 30 Filed: 9/26/1994, Entered: 9/27/1994 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 10/14/94 for [27-1] motion by Philip Bernstein forcross motion for Summary Judgment and opposition to motion for summary judgment of deft. (clerk)
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Blank 28 Filed: 9/26/1994, Entered: 9/27/1994 Memorandum in Opposition
MEMORANDUM by Philip Bernstein in opposition to [21-1] motion by CapitalCare, Inc. for Summary Judgment by CapitalCare, Inc. and in support of cross motion for summary judgment (clerk)
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Blank 27 Filed: 9/26/1994, Entered: 9/27/1994, Terminated: 10/14/1994 Motion for Summary Judgment
MOTION by Philip Bernstein forcross motion for Summary Judgment and opposition to motion for summary judgment of deft. (clerk)
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Blank 25 Filed: 9/26/1994, Entered: 9/27/1994 Objection
OBJECTION by plaintiff Philip Bernstein to [18-1] witness list by CapitalCare, Inc. (ltun)
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Blank 24 Filed: 9/15/1994, Entered: 9/15/1994 Docket Annotation
STATEMENT of material facts not in dispute - filed by deft. (large pleading) (ltun)
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Blank 23 Filed: 9/15/1994, Entered: 9/15/1994 Notice of Hearing.
NOTICE of Hearing: Motion Hearing set for 10:00 9/30/94 for [21-1] motion by CapitalCare, Inc. for Summary Judgment (ltun)
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Blank 22 Filed: 9/15/1994, Entered: 9/15/1994 Memorandum in Support
MEMORANDUM by CapitalCare, Inc. in support of [21-1] motion by CapitalCare, Inc. for Summary Judgment by CapitalCare, Inc. (ltun)
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Blank 21 Filed: 9/15/1994, Entered: 9/15/1994, Terminated: 10/14/1994 Motion for Summary Judgment
MOTION by CapitalCare, Inc. for Summary Judgment (ltun)
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Blank 20 Filed: 9/15/1994, Entered: 9/15/1994 Objection
OBJECTION by defendant CapitalCare, Inc. to [15-1] exhibits list by Philip Bernstein (ltun)
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Blank 19 Filed: 9/15/1994, Entered: 9/15/1994 Stipulation
Stipulation of uncontested facts filed by Philip Bernstein, CapitalCare, Inc. (ltun)
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Blank 18 Filed: 9/15/1994, Entered: 9/15/1994 Witness List
Witness list by CapitalCare, Inc. (ltun)
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Blank 17 Filed: 9/15/1994, Entered: 9/15/1994 Exhibit
Exhibit list by CapitalCare, Inc. (ltun)
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Blank 16 Filed: 9/15/1994, Entered: 9/15/1994 Witness List
Witness list by Philip Bernstein (ltun)
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Blank 15 Filed: 9/15/1994, Entered: 9/15/1994 Exhibit
Exhibit list by Philip Bernstein (ltun)
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Blank -- Filed: 9/15/1994, Entered: 9/15/1994 Set/Reset Deadlines:
Deadline updated; set Trial date for 10:00 11/9/94 (ltun)
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Blank -- Filed: 9/15/1994, Entered: 9/15/1994 Pretrial Conference - Final
Pre-Trial Conference held; Judge Cacheris; Appearances of counsel. Case set for trial by COURT on 11/9/94. Pltf's exhibits filed (1 black binder on exhibit row). Deft's exhibits filed (1 black binder on exhibit row). Given 10 days to file objections. (ltun)
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Blank 12 Filed: 9/9/1994, Entered: 9/9/1994 Notice
NOTICE by Philip Bernstein to take deposition of Leslie Wright on 9-10-94 (clerk)
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Blank 14 Filed: 9/6/1994, Entered: 9/13/1994 Notice
NOTICE by Philip Bernstein to take deposition of Dennis McIntryre, M.D. (ltun)
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Blank 13 Filed: 9/6/1994, Entered: 9/13/1994 Notice
NOTICE by Philip Bernstein to take deposition of Toni Reid (ltun)
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Blank 11 Filed: 8/31/1994, Entered: 8/31/1994 OrderCourt Filing
ORDER, for Protective Order re: use and disclosure of the documents produced by deft. which bear the name "MCAP Managed Care Appropriateness Protocol Reviewer's Manual" (see order for details) ( signed by Judge James C. Cacheris ) Copies Mailed: yes (ltun)
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Blank 26 Filed: 8/26/1994, Entered: 9/27/1994 Objection
OBJECTION by plaintiff Philip Bernstein to [17-1] exhibits list by CapitalCare, Inc. (ltun)
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Blank 10 Filed: 8/26/1994, Entered: 8/29/1994 OrderCourt Filing
ORDER, that the Scheduling Order be Amended to allow the parties to notice all motions prior to 9/29/94 ( signed by Judge James C. Cacheris ) Copies Mailed: yes (ltun)
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Blank 9 Filed: 8/25/1994, Entered: 8/26/1994 Objection
OBJECTION by defendant CapitalCare, Inc. to pltf's second interrogatories to deft. and second request for production of doucments (ltun)
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Blank 8 Filed: 8/8/1994, Entered: 8/9/1994 Notice
NOTICE by Philip Bernstein to take deposition of CapitalCare, Inc. (ltun)
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Blank 7 Filed: 8/4/1994, Entered: 8/4/1994 Objection
OBJECTION by defendant CapitalCare, Inc. to Pltf's First Interrogatories to Deft and First Request for Production of Documents. (lbac)
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Blank 6 Filed: 7/2/1994, Entered: 7/25/1994 Objection
OBJECTION by plaintiff Philip Bernstein to deft's first set of interrogatories. (ltun)
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Blank 5 Filed: 7/1/1994, Entered: 7/1/1994 Scheduling OrderCourt Filing
SCHEDULING ORDER setting Discovery cutoff 9/9/94 ; Pretrial Conference for 11:35 9/15/94 ; ( signed by Judge Albert V. Bryan Jr. ) Copies Mailed: yes (rvoi)
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Blank 4 Filed: 6/15/1994, Entered: 6/15/1994, Terminated: 10/14/1994 Answer
ANSWER to Complaint by CapitalCare, Inc. (Attorney Mary Atchley Jester), (rvoi)
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Blank 3 Filed: 6/15/1994, Entered: 6/15/1994 Stipulation
Stipulations for filing answer to complaint by 6/15/94 filed by Philip Bernstein, CapitalCare, Inc. (rvoi)
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Blank 2 Filed: 5/18/1994, Entered: 5/18/1994 Summons Returned Executed
SUMMONS Returned Executed as to CapitalCare, Inc. 5/16/94 Answer due on 6/6/94 for CapitalCare, Inc. (rvoi)
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Blank 1 Filed: 5/12/1994, Entered: 5/13/1994 Complaint
COMPLAINT Filing Fee $ 120.00 Receipt # 100512 (clerk)
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Blank -- Filed: 5/12/1994, Entered: 5/13/1994 Summons Issued
SUMMONS(ES)(Org & 1) issued for CapitalCare, Inc. and given to attorney for service by SPS Lloyd Thompson. (clerk)
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