Case: Murphy v. Health Care Service Corporation

COMPLAINT filed by Kelsey Murphy; Jury Demand. Filing fee $ 402, receipt number AILNDC-19483908. (Attachments: # 1 Exhibit A - BCBS Policy, # 2 Civil Cover Sheet)(Wallace, Edward) (Entered: 05/19/2022)

1 Exhibit A - BCBS Policy

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2 Civil Cover Sheet

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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (cm, )

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, )

MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by August 2, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) (Entered: 05/19/2022)

ATTORNEY Appearance for Plaintiff Kelsey Murphy by Edward A. Wallace (Wallace, Edward) (Entered: 05/20/2022)

ATTORNEY Appearance for Plaintiff Kelsey Murphy by Mark Richard Miller (Miller, Mark) (Entered: 05/20/2022)

WAIVER OF SERVICE returned executed by Kelsey Murphy. Health Care Service Corporation waiver sent on 5/24/2022, answer due 7/25/2022. (Wallace, Edward) (Entered: 05/24/2022)

ATTORNEY Appearance for Plaintiff Kelsey Murphy by Molly Lorraine Condon (Condon, Molly) (Entered: 05/24/2022)

ATTORNEY Appearance for Defendant Health Care Service Corporation by Martin J. Bishop (Bishop, Martin) (Entered: 05/27/2022)

ATTORNEY Appearance for Defendant Health Care Service Corporation by Bryan Matthew Webster (Webster, Bryan) (Entered: 05/27/2022)

ATTORNEY Appearance for Defendant Health Care Service Corporation by Meredith Ann Shippee (Shippee, Meredith) (Entered: 05/27/2022)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Health Care Service Corporation (Shippee, Meredith) (Entered: 05/27/2022)

MOTION by Defendant Health Care Service Corporation for extension of time to file answer Unopposed Motion for Extension of Time To Respond to Complaint (Shippee, Meredith) (Entered: 07/25/2022)

MINUTE entry before the Honorable Steven C. Seeger: Defendant's unopposed motion to extend time to respond to complaint (Dckt. No. 11 ) is granted. Defendant shall respond to plaintiff's complaint by August 8, 2022. Mailed notice. (jjr, ) (Entered: 07/26/2022)

MOTION by Defendant Health Care Service Corporation for extension of time Agreed Motion for Extension of Time to File Joint Initial Status Report (Shippee, Meredith) (Entered: 08/02/2022)

MINUTE entry before the Honorable Steven C. Seeger: For the second time in the span of a week, Defendant filed a motion for an extension of time. On July 25, 2022, Defendant filed a motion for more time to file an answer, even though it received service on May 24, 2022. (Dckt. No. 11 ) And then, on August 2, 2022, Defendant filed a motion for more time to file the joint initial status report. (Dckt. No. 13 ) The deadline for that report did not take anyone by surprise. This Court set the deadline for that report on May 19, 2022, when this Court ordered the parties to file the report by August 2, 2022. The parties have had two and a half months to meet that deadline. But Defendant now asks for another week. Defendant argues that "no party will be prejudiced by this extension of time." (Dckt. No. 13 ) But the parties themselves are not the only consideration. Motions for extensions impose a cost on the judiciary, too. Filing a motion for an extension of time is not like going to the ATM, where a fully automated response is sitting there waiting to give people what they want. It requires a response and an order. A motion for a one-week extension might seem like no big deal in isolation. And, from that perspective, it isn't. But courts in this district have hundreds of civil cases on their dockets at any one time. And they are besieged with motions for extensions of time. In the aggregate, motions for extensions of time consume more resources and take more time for the judiciary than they should. (Think of it like a leaf. It's not a heavy lift, and it's not hard to manage. But then go into your backyard in October, survey the scene, and bring your rake.) Parties who unnecessarily ask for more time, when they have already had plenty of time, drain resources and impose costs on the judiciary. Parties consume the Court's time by asking for more time. So, in effect, parties give themselves more time at the Court's expense. The Court directs counsel to consider the institutional burdens imposed by unnecessary motions for extensions. And next time, try harder to meet deadlines, without having to impose a cost on the Court itself. In the meantime, the motion for an extension (Dckt. No. 13 ) is granted. The joint initial status report is due on August 9, 2022. Notices mailed. (psm, ) (Entered: 08/05/2022)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Health Care Service Corporation (Shippee, Meredith) (Entered: 08/05/2022)

MEMORANDUM of Law in Support of Motion to Dismiss (Attachments: # 1 Exhibit 1 - Adams Declaration)(Shippee, Meredith)(Docket Text Modified on 8/8/2022) (jjr, ). (Entered: 08/05/2022)

1 Exhibit 1 - Adams Declaration

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MINUTE entry before the Honorable Steven C. Seeger: The response to the motion to dismiss is due on September 2, 2022. The reply is due on September 16, 2022. Mailed notice. (jjr, ) (Entered: 08/08/2022)

STATUS Report Under Rule 26(f) Jointly Submitted by Kelsey Murphy (Wallace, Edward) (Entered: 08/09/2022)

MEMORANDUM by Kelsey Murphy in Opposition to Motion to Dismiss for Failure to State a Claim 15 (Wallace, Edward) (Entered: 09/02/2022)

REPLY by Health Care Service Corporation to memorandum in opposition to motion 19 (Shippee, Meredith) (Entered: 09/16/2022)

CERTIFICATE of Service by Plaintiff Kelsey Murphy For First Set of Discovery Materials (Wells, Molly) (Entered: 12/16/2022)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel filed a certificate of service for discovery materials (Dckt. No. 5 ), which is not required or permitted by the Federal Rules. The Court directs all counsel to read Rule 5. Going forward, parties must not file certificates of service for discovery absent an order to do so by the Court. Mailed notice. (jjr, ) (Entered: 12/19/2022)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)

CERTIFICATE of Service of Plaintiff's Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures (Wells, Molly) (Entered: 03/17/2023)

CERTIFICATE of Service of Plaintiff's Answers to Defendant's First Set of Requests for Production, Interrogatories, and Requests for Admission (Wells, Molly) (Entered: 03/17/2023)

MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's counsel filed two certificates of service on the docket (Dckt. Nos. 24, 25 ). That's double-barreled error. Federal Rule 5 says that discovery requests "must not be filed," and a certificate of service "need not be filed" when the document is not filed. See Fed. R. Civ. P. 5(d)(1)(A), (B)(ii). The filings added nothing to the case, except unnecessary girth. The Court directs all counsel to read Rule 5, and avoid unnecessary filings. Mailed notice (jjr, ) (Entered: 03/20/2023)

MOTION by Attorney Meredith A. Shippee to withdraw as attorney for Health Care Service Corporation. No party information provided (Shippee, Meredith) (Entered: 05/26/2023)

MINUTE entry before the Honorable Steven C. Seeger: The motion to withdraw (Dckt. No. 27 ) is granted. Attorney Meredith Ann Shippee is terminated as counsel of record. Mailed notice. (jjr, ) (Entered: 05/30/2023)

Entered in Error (kl, ) Modified on 5/31/2023 (kl, ). (Entered: 05/31/2023)

NOTICE of Correction regarding 29 (kl, ) (Entered: 05/31/2023)

EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Steven C. Seeger no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.(tg, ) (Entered: 06/02/2023)

MINUTE entry before the Honorable LaShonda A. Hunt: This case has been reassigned to the calendar of Judge Hunt. The motion to dismiss 15 is fully briefed and taken under advisement. The Court will rule by mail. This case is referred to the Magistrate Judge for discovery supervision, with authority to set, adjust, and extend all discovery deadlines, and to conduct a settlement conference, if requested by the parties. The Court notes that a Rule 26(f) Report was filed on 8/9/22 18, but none of those dates were adopted by the prior District Judge. The Court will consider class certification or dispositive motion deadlines upon a party's written motion after the Magistrate Judge has set a discovery schedule for this case. Emailed notice. (cdh, ) (Entered: 07/06/2023)

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Gabriel A. Fuentes for discovery and settlement conference pursuant to local rule 72.1. Signed by Honorable LaShonda A. Hunt on 7/12/23. (rp, ) (Entered: 07/12/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery and settlement (doc. # 33 ), and the Court having reviewed the status report (doc. # 18 ), the fact discovery cutoff is set at 12/20/23. The Court directs the parties to confer under Rule 26(f) and file a joint written status report by noon on 7/20/23 setting forth any agreed or contested modification to that schedule. Expert discovery schedule to be entered at a later date. The Court appreciates that a motion to dismiss is fully briefed before the district court, but no motion to stay discovery has been filed in this matter. Any motion to stay discovery should be on file by noon on 7/20/23. See New England Carpenters Health and Welfare Fund v. Abbott Labs., No. 12 C 1662, 2013 WL 690613, at *2-3 (N.D. Ill. Feb. 20, 2013). The parties further are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Further, the parties are invited, if they wish, to communicate to Ms. Knight their pronouns for counsel or clients. Mailed notice. (lxk, ) (Entered: 07/13/2023)

STATUS Report Jointly Submitted by Kelsey Murphy Presented before Magistrate Judge (Wallace, Edward) (Entered: 07/20/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. # 35 ), the fact discovery cutoff is pushed to 3/29/24. The next joint status report on discovery progress (and including any proposed expert discovery schedule) and settlement status is due at noon on 9/28/23. If the parties at any time decide they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514. Mailed notice. (lxk, ) (Entered: 07/21/2023)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20935857. on behalf of Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Illinois Presented before District Judge (Kizitaff, Zachary) (Entered: 08/16/2023)

MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Zachary Brian Kizitaff for Leave to Appear Pro Hac Vice on behalf of Health Care Service Corporation d/b/a Blue Cross and Blue Shield of Illinois 37 is granted. Emailed notice. (cdh, ) (Entered: 08/17/2023)

MOTION by Defendant Health Care Service Corporation for protective order JOINT MOTION Presented before Magistrate Judge (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Kizitaff, Zachary) (Entered: 09/26/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' joint motion for entry of an agreed confidentiality order (doc. # 39 ) is granted, and the Agreed Confidentiality Order will be entered in the form as agreed and submitted to the Court as Exhibit A to the motion, upon the parties' transmittal of a Word version of the order to the Court's Proposed order email box. Further: (1) The Court further directs the parties' attention to the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website, and in particular the section on protective orders. In addition to the language in Paragraph 10 of the Agreed Confidentiality Order to be entered, the parties are advised that motions to seal will not be granted as to discovery documents filed with the Court unless the request complies with the common law of this Circuit. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Parties moving to seal are directed to review the foregoing case law, and any motion to seal will be taken by the Court as a certification that the movant has read the applicable case law and has ensured that it is making a good-faith argument that the document in question qualifies for sealing under the Seventh Circuit's stringent standards; and (2) as to Paragraph 7(b)(viii), this is a highly restrictive provision which prevents counsel even from showing designated material to a prospective witness during an interview or during deposition preparation, and the Court is open to a motion to lift or modify it as necessary, while under Paragraph 7(b)(x), the parties may reach their own agreement(s) to allow such use of designated material in this fashion. Mailed notice. (lxk, ) (Entered: 09/26/2023)

STATUS Report Jointly Submitted by Kelsey Murphy Presented before Magistrate Judge (Wallace, Edward) (Entered: 09/28/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 41 ), the Court grants the parties' joint request for an additional 30 days to propose an expert discovery schedule and to provide a settlement status update while plaintiff also considers "what additional discovery is necessary, and a realistic timeline for completing it." In the meantime, though, the Court previously moved the fact discovery cutoff to 3/29/24 (doc. # 36 ) to give the parties room to discuss a possible settlement per their earlier status report (doc. # 35 ). For now, at least, the 3/29/24 fact cutoff date is real, although in the next joint report due by noon on 11/2/23, the Court kindly requests more specific information from the parties on a realistic discovery plan and timeline if settlement is not imminent. As the referral here includes settlement, the parties also are reminded that if at any time they wish to engage in a settlement conference, they may contact the courtroom deputy, Lauren Knight, at 312-818-6514 to initiate the scheduling process. Mailed notice. (lxk, ) (Entered: 09/28/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Confidentiality Order. Mailed notice. (lxk, ) (Entered: 10/03/2023)

AGREED Confidentiality Order Signed by the Honorable Gabriel A. Fuentes on 10/3/2023. Mailed notice. (lxk, ) (Entered: 10/03/2023)

MEMORANDUM OPINION AND ORDER Signed by the Honorable LaShonda A. Hunt on 10/17/23. Plaintiff Kelsey Murphy ("Plaintiff") brings this class action complaint against her health insurance provider, Defendant Health Care Service Corporation d /b/a Blue Cross Blue Shield of Illinois ("Blue Cross"), challenging its policy governing access to fertility treatments. Plaintiff alleges the Blue Cross policy intentionally discriminates against her and other LGBTQ participants based on sexual orientation, by imposing additional out-of-pocket costs on them that heterosexual participants do not have to incur in order to qualify for fertility benefits. Blue Cross has moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, Defendant's Motion to Dismiss 15 is denied. Emailed notice. (cdh, )

MINUTE entry before the Honorable LaShonda A. Hunt: A telephonic status hearing is set for 10/24/23 at 10:00 AM. Attorneys/parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. (cdh, ) (Entered: 10/17/2023)

MINUTE entry before the Honorable LaShonda A. Hunt: Telephonic status hearing on 10/24/23 reset to 9:30AM instead of 10:00AM. Time change only. Emailed notice. (cdh, ) (Entered: 10/20/2023)

MINUTE entry before the Honorable LaShonda A. Hunt: Telephone conference held. Parties report that settlement discussions have continued but they plan to proceed with discovery. Plaintiff is granted leave to file an amended complaint by 11/13/23. Defendant's response to the Amended Complaint is due by 11/29/23. Emailed notice. (cdh, ) (Entered: 10/24/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: The 11/2/23 status report requirement stands as ordered (doc. # 42 ). Mailed notice. (lxk, ) (Entered: 10/25/2023)

STATUS Report Jointly Submitted by Kelsey Murphy Presented before Magistrate Judge (Wallace, Edward) (Entered: 11/02/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. # 50 ) in which the parties propose a discovery schedule and request a settlement conference on 2/27/24, a pre-settlement telephonic conference with counsel is set for 9 a.m. on 11/6/23 to discuss format and scheduling of a video settlement conference and the requested 2/27/24 settlement conference date. Counsel should contact the magistrate judge jointly at the time of the pre-settlement conference on the number to be provided to them by the courtroom deputy. Mailed notice. (lxk, ) (Entered: 11/02/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported that they will prepared to participate in a settlement conference upon completion of further limited discovery, with a view toward a settlement conference in late February 2024. A video settlement conference is set over Cisco WebEx for 10:30 a.m. on 2/27/24. The parties are further instructed to submit a joint statement in "Word" format by no later than noon on 2/20/24 to Judge Fuentes' Settlement Correspondence box at Settlement_Correspondence_Fuentes@ilnd.uscourts.gov. The joint statement shall contain a list of all of the participants (for each side who will be participating by video) and the email addresses associated with each name, for the purposes of providing all of the parties with the email invites and the link to connect to the video conference. Parties are instructed to make sure all join the conference from their own email account through the "join meeting" link in their calendar event. Mediation statements in compliance with the Standing Order are due from plaintiff by 5 p.m. on 2/6/24 and from defendant by 5 p.m. on 2/16/24, to the Court's settlement correspondence mailbox and copied to opposing counsel. A pre-settlement telephonic conference is set for 9:30 a.m. on 2/23/24, when the parties are directed to contact the magistrate judge at the number they have been provided or the call-in bridge they have provided. Mailed notice. (lxk, ) (Entered: 11/06/2023)

First AMENDED complaint by Kelsey Murphy against Health Care Service Corporation (Attachments: # 1 Exhibit A)(Wells, Molly) (Entered: 11/13/2023)

1 Exhibit A

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ANSWER to amended complaint by Health Care Service Corporation(Webster, Bryan) (Entered: 11/29/2023)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/29/2023)

MINUTE entry before the Honorable Gabriel A. Fuentes: With the Court moving toward in-person settlement conferences, the parties are kindly requested to consider the possible advantages and to notify the Court, by a joint email to the courtroom deputy by 1/18/24, of whether they will agree to appear in person in Chambers 2270 of the Dirksen U.S. Courthouse for the 2/27/24 settlement conference. Mailed notice. (lxk, ) (Entered: 01/02/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: The settlement conference on 2/27/24 will proceed with the mediation schedule as previously ordered (doc. # 52 ), except that the scheduling order is modified to provide that the conference on 2/27/24 will be in person, with the parties' consent, in Chambers 2270 of the Dirksen U.S. Courthouse. Mailed notice. (lxk, ) (Entered: 01/16/2024)

MOTION by Plaintiff Kelsey MurphyPlaintiff's Unopposed Motion to Modify The Mediation Exchange Schedule Presented before Magistrate Judge (Wells, Molly) (Entered: 01/31/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's unopposed motion to alter the mediation schedule (doc. # 58 ), the motion is granted, and the schedule is modified so that the parties shall exchange mediation statements by 5 p.m. on 2/16/24. Mailed notice. (lxk, ) (Entered: 02/01/2024)

ATTORNEY Appearance for Plaintiff Kelsey Murphy by Matthew J. Goldstein (Goldstein, Matthew) (Entered: 02/19/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The mediator determined that the parties are not yet prepared to engage in a settlement conference. The mediation set for 2/27/24 is vacated. The referral remains open in full. Mailed notice. (lxk, ) (Entered: 02/23/2024)

MOTION by Plaintiff Kelsey Murphy for extension of time to complete discovery Agreed Motion to Extend Fact Discovery Deadline Presented before Magistrate Judge (Wells, Molly) (Entered: 03/08/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' agreed motion to extend fact discovery (doc. # 62 ), the motion is granted for good cause shown, and the parties are granted a substantial but firm extension from 3/29/24 to 10/31/24. A joint status report on discovery progress and settlement status is due at noon on 10/24/24, including an update on the parties' expert discovery plans, if any, and any proposed expert discovery schedule. Mailed notice. (lxk, ) (Entered: 03/08/2024)

ATTORNEY Appearance for Plaintiff Kelsey Murphy by Julia Ozello (Ozello, Julia) (Entered: 06/25/2024)

MOTION by Plaintiff Kelsey Murphy to compel discovery Presented before Magistrate Judge (Attachments: # 1 Exhibit)(Ozello, Julia) (Entered: 08/19/2024)

1 Exhibit

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MINUTE entry before the Honorable Gabriel A. Fuentes: On Plaintiff's motion to compel (doc. # 65 ), the non-movant is ordered to file a response brief by noon on 8/29/24. The Court will rule by mail or order further briefing or a hearing as necessary. Mailed notice. (lxk, ) (Entered: 08/20/2024)

RESPONSE by Health Care Service Corporationin Opposition to MOTION by Plaintiff Kelsey Murphy to compel discovery Presented before Magistrate Judge 65 (Webster, Bryan) (Entered: 08/29/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's motion to compel (doc. # 65 ), plaintiff may file a reply no later than noon on 9/5/24. The Court expects to rule by CM-ECF. Mailed notice. (lxk, ) (Entered: 08/30/2024)

REPLY by Plaintiff Kelsey Murphy to motion to compel 65 (Attachments: # 1 Exhibit)(Ozello, Julia) (Entered: 09/05/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On Plaintiff's Motion to Compel Discovery (doc. # 65 ) and on review of the associated briefing (doc. # 67, 69 ), the parties' ongoing Rule 37 discussions and resolution or discovery compliance efforts to date indicate that no judicial intervention is called for at the moment. The Motion is denied as moot without prejudice, subject to renewal by noon on 9/27/24 as to any remaining disputes issues upon Rule 37.2 compliance. Mailed notice. (lxk, ) (Entered: 09/13/2024)

MOTION by Plaintiff Kelsey Murphy for extension of time to file Motion to Compel Discovery Presented before Magistrate Judge (Ozello, Julia) (Entered: 09/24/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes. Plaintiff's unopposed motion to extend the deadline to renew her motion to compel (doc. #71) is granted for good cause shown, and such motion may be filed no later than 10/11/24. At this time, the 10/24/24 status report (doc. #63) and the 10/31/24 fact discovery cutoff (doc. #63) both stand. Mailed notice (sxw) (Entered: 09/24/2024)

ATTORNEY Appearance for Defendant Health Care Service Corporation by Coco E Arima (Arima, Coco) (Entered: 10/08/2024)

MOTION by Plaintiff Kelsey Murphy to compel discovery (Renewed) Presented before Magistrate Judge (Attachments: # 1 Exhibit A - BCBSIL Responses and Objections to Plaintiff's Fifth Set of Requests for Production of Documents, # 2 Exhibit B - BCBSIL Fourth Amended Responses and Objections to Plaintiff's First Set of Requests for Production of Documents, # 3 Exhibit C - BCBSIL Third Amended Responses and Objections to Plaintiff's Second Set of Requests for Production of Documents, # 4 Exhibit D - BCBSIL First Amended Responses and Objections to Plaintiff's First Set of Interrogatories)(Ozello, Julia) (Entered: 10/11/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: On plaintiff's renewed motion to compel (doc. # 74 ), defendant's response is due at noon on 10/18/24. The Court will then determine whether to order a reply, schedule a hearing, or rule by CM-ECF. Mailed notice. (lxk, ) (Entered: 10/15/2024)

RESPONSE by Health Care Service Corporationin Opposition to MOTION by Plaintiff Kelsey Murphy to compel discovery (Renewed) Presented before Magistrate Judge 74 (Webster, Bryan) (Entered: 10/18/2024)

MOTION by Plaintiff Kelsey Murphy for extension of time to complete fact discovery Presented before Magistrate Judge (Ozello, Julia) (Entered: 10/22/2024)

RESPONSE by Health Care Service Corporationin Opposition to MOTION by Plaintiff Kelsey Murphy for extension of time to complete fact discovery Presented before Magistrate Judge 77 (Webster, Bryan) (Entered: 10/23/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's Renewed Motion to Compel (doc. # 74 ) is denied, and her Motion for Extension of Fact Discovery (doc. # 77 ) is granted in part and denied in part as set forth in the accompanying order, and for the reasons stated in that order. Enter Order. The next status report is due at noon on 11/13/24. The 10/24/24 status report is vacated. Mailed notice. (lxk, ) (Entered: 10/23/2024)

ORDER Signed by the Honorable Gabriel A. Fuentes on 10/23/2024. Mailed notice. (lxk, ) (Entered: 10/23/2024)

STATUS Report Jointly Submitted by Health Care Service Corporation, Kelsey Murphy Presented before Magistrate Judge (Ozello, Julia) (Entered: 11/13/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: In view of the joint status report (doc. # 81 ), an in-person status hearing on discovery is set for the 9 a.m. status call on 11/26/24 in Courtroom 1342 of the Dirksen U.S. Courthouse. Mailed notice. (lxk, ) (Entered: 11/18/2024)

Leave to File Document

ORAL MOTION by Plaintiff Kelsey Murphy for leave to submit an agreed order regarding outstanding discovery and production of selected files by agreement. (lxk, )

MINUTE entry before the Honorable Gabriel A. Fuentes: Discovery status hearing held. Oral motion from Plaintiff for an agreed order regarding outstanding discovery and production of selected files by agreement. That motion is granted without objection for the reasons stated on the record and for good cause shown. The parties are directed to submit their proposed order as soon as practicable to the Court's proposed order inbox at Proposed_Order_Fuentes@ilnd.uscourts.gov. The additional documents are to be produced by 12/31/24 or shortly thereafter by agreement, and the Court will consider next steps shortly afterward, including any modification of the discovery schedule to accommodate the supplemental production and review of these materials. The Court wishes all a happy holiday season. Mailed notice. (lxk, ) (Entered: 11/26/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: Enter Agreed Order. A discovery status hearing is set for a 9 a.m. status call on 1/16/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. The Court wishes all a happy holiday season. Mailed notice. (lxk, ) (Entered: 11/27/2024)

AGREED ORDER Signed by the Honorable Gabriel A. Fuentes on 11/27/2024. Mailed notice. (lxk, ) (Entered: 11/27/2024)

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice. (tg, ) (Entered: 12/27/2024)

MINUTE entry before the Honorable Gabriel A. Fuentes: The Court regrets having to postpone today's status hearing due to illness. The Court will reschedule the hearing shortly. Mailed notice. (lxk, ) (Entered: 01/16/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: The initial status hearing is reset for the Court's status call at 10 a.m. on 2/6/25 in Courtroom 1342 of the Dirksen U.S. Courthouse. Mailed notice. (lxk, ) (Entered: 01/16/2025)

MINUTE entry before the Honorable Gabriel A. Fuentes: The 2/6/25 status hearing is stricken. The parties shall file a joint status report on discovery progress and settlement status by noon on 2/6/25, including an update on compliance with the Agreed Order (doc. # 85 ). Mailed notice. (lxk, ) (Entered: 01/30/2025)

Leave to File Document

Sealed Motion

Miscellaneous Relief

Order on Motion for Leave to File

Seal Document

Order on Motion to Seal Document

Order on Motion for Miscellaneous Relief AND Order on Sealed Motion