Scott v. HEALTHCARE MANAGEMENT SOLUTIONS, LLC et al
| West Virginia Northern District Court | |
| Judge: | Thomas S Kleeh |
| Case #: | 1:25-cv-00012 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Property Damage |
| Case Filed: | Feb 10, 2025 |
| Case in other court: | California Northern, 3:24-cv-04658 |
| Last checked: Monday Feb 10, 2025 6:07 PM EST |
|
Defendant
ASRC Federal Data Solutions, LLC
|
Represented By
|
|
Defendant
HEALTHCARE MANAGEMENT SOLUTIONS, LLC
|
Represented By
|
|
Plaintiff
Darryl Scott
|
Represented By
|
| Docket last updated: 02/10/2025 6:20 PM EST |
| Thursday, August 01, 2024 | ||
| 1 | 1
COMPLAINT JURY TRIAL DEMANDED against ASRC Federal Data Solutions, LLC, HEALTHCARE MANAGEMENT SOLUTIONS, LLC ( Filing fee $ 405, receipt number ACANDC-19682289.). Filed by Darryl Scott.(Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
|
Att: 1
Civil Cover Sheet,
|
||
|
Att: 2
Summons
|
||
| 2 | 2 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/15/2024. (mbc, COURT STAFF) [Transferred from California Northern on 2/10/2025.] | |
| Friday, August 02, 2024 | ||
| 3 | 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/23/2024. Initial Case Management Conference set for 10/30/2024 01:30 PM in Oakland, - Videoconference Only. (hdj, COURT STAFF)[Transferred from California Northern on 2/10/2025.]
|
|
| 4 | 4
Summons Issued as to HEALTHCARE MANAGEMENT SOLUTIONS, LLC. (hdj, COURT STAFF) [Transferred from California Northern on 2/10/2025.]
|
|
| 5 | 5
Certificate of Interested Entities by Darryl Scott (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Wednesday, August 07, 2024 | ||
| 6 | 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Darryl Scott.. (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Friday, August 09, 2024 | ||
| 7 | 7
CERTIFICATE OF SERVICE by Darryl Scott Proof of Service of Summons (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Thursday, August 15, 2024 | ||
| 8 | 8 NOTICE of Appearance filed by Ashley Lynn Shively on behalf of ASRC Federal Data Solutions, LLC (Shively, Ashley) [Transferred from California Northern on 2/10/2025.] | |
| 9 | 9
Corporate Disclosure Statement by ASRC Federal Data Solutions, LLC identifying Other Affiliate ASRC Federal Holding Company, LLC, Other Affiliate ASRC Arctic Slope Regional Corporation (ASRC), Other Affiliate Berkley Insurance Company for ASRC Federal Data Solutions, LLC. (Shively, Ashley) [Transferred from California Northern on 2/10/2025.]
|
|
| 10 | 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ASRC Federal Data Solutions, LLC.. (Shively, Ashley) [Transferred from California Northern on 2/10/2025.]
|
|
| 11 | 11 NOTICE of Appearance filed by Rebecca Durham on behalf of ASRC Federal Data Solutions, LLC (Durham, Rebecca) [Transferred from California Northern on 2/10/2025.] | |
| 12 | 12
WAIVER OF SERVICE Returned Executed filed by ASRC Federal Data Solutions, LLC. (Shively, Ashley) [Transferred from California Northern on 2/10/2025.]
|
|
| 13 | 13 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) [Transferred from California Northern on 2/10/2025.] | |
| Friday, August 16, 2024 | ||
| 14 | 14
ORDER REASSIGNING CASE.Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by The Clerk on 08/16/2024.(kxo, COURT STAFF) [Transferred from California Northern on 2/10/2025.]
|
|
|
Att: 1
Notice of Eligibility for Video Recording
|
||
| Monday, August 19, 2024 | ||
| 15 | 15
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 11/14/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 11/7/2024. Signed by Judge James Donato on 8/19/2024. (lrc, COURT STAFF) [Transferred from California Northern on 2/10/2025.]
|
|
| Wednesday, August 28, 2024 | ||
| 16 | 16 NOTICE of Appearance filed by Chardaie Charlemagne on behalf of HEALTHCARE MANAGEMENT SOLUTIONS, LLC (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.] | |
| 17 | 17
STIPULATION re1 Complaint, *First Stipulation to Extend Defendant Healthcare Solution LLC's Deadline to Respond to Initial Complaint (Civ. L.R. 6-1)* filed by HEALTHCARE MANAGEMENT SOLUTIONS, LLC. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| Monday, October 14, 2024 | ||
| 18 | 18
MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to 12(b)(2) and 12(b)(3), or in the Alternative, to Transfer Venue* filed by HEALTHCARE MANAGEMENT SOLUTIONS, LLC. Motion Hearing set for 11/21/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 10/28/2024. Replies due by 11/4/2024.(Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
|
Att: 1
Declaration of Jason Cunningham,
|
||
|
Att: 2
Proposed Order Proposed Order
|
||
| 19 | 19
Request for Judicial Notice re18 MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to 12(b)(2) and 12(b)(3), or in the Alternative, to Tra MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to 12(b)(2) and 12(b)(3), or in the Alternative, to Tra MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's Class Action Complaint Pursuant to 12(b)(2) and 12(b)(3), or in the Alternative, to Tra filed byHEALTHCARE MANAGEMENT SOLUTIONS, LLC. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| Tuesday, October 15, 2024 | ||
| 20 | 20
MOTION to Dismiss , or Alternatively to Transfer Venue filed by ASRC Federal Data Solutions, LLC. Motion to Dismiss Hearing set for 11/21/2024 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Responses due by 10/29/2024. Replies due by 11/5/2024.(Shively, Ashley) [Transferred from California Northern on 2/10/2025.]
|
|
|
Att: 1
Declaration of Martin L. McLellan,
|
||
|
Att: 2
Proposed Order
|
||
| Friday, October 25, 2024 | ||
| 21 | 21 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) [Transferred from California Northern on 2/10/2025.] | |
| Monday, October 28, 2024 | ||
| 22 | 22
OPPOSITION/RESPONSE filed byDarryl Scott. (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Monday, November 04, 2024 | ||
| 23 | 23
AMENDED COMPLAINT against All Defendants. Filed by Darryl Scott. (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| 24 | 24
STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference filed by Darryl Scott. (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Friday, November 08, 2024 | ||
| 25 | 25 ORDER. The Initial Case Management Conference is continued to November 21, 2024, at 10:00 a.m., in Courtroom 11. Signed by Judge James Donato on 11/8/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) [Transferred from California Northern on 2/10/2025.] | |
| Saturday, November 09, 2024 | ||
| 26 | 26
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Wednesday, November 13, 2024 | ||
| 27 | 27
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Durham, Rebecca) [Transferred from California Northern on 2/10/2025.]
|
|
| Thursday, November 14, 2024 | ||
| 28 | 28
STIPULATION WITH PROPOSED ORDER re23 Amended Complaint *Second Stipulation to Extend Defendant Healthcare Management Solution LLC's and Defendant ASRC Federal Data Solutions, LLC's Deadline to Respond to First Amended Complaint (Civ. L.R. 6-1) filed by HEALTHCARE MANAGEMENT SOLUTIONS, LLC. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 29 | 29
Rule 7.1 Disclosures by HEALTHCARE MANAGEMENT SOLUTIONS, LLC identifying Corporate Parent HMS Holdings, Inc., Other Affiliate Healthcare Management Solutions ESOP Trust for HEALTHCARE MANAGEMENT SOLUTIONS, LLC. *Defendant Healthcare Management Solution LLC's Corporate Disclosure Statement and Certification of Conflicts and Interested Entities and Parties* (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 30 | 30 ORDER. The motions to dismiss or transfer venue, Dkt. Nos. 18, 20, are terminated without prejudice in light of plaintiff's amended complaint, Dkt. No. 23. At the joint request of the parties, Dkt. No. 28, defendants may answer the amended complaint, or otherwise file responsive motions, by December 3, 2024. Scott may oppose any responsive motions by January 10, 2025. Defendants may file replies by January 24, 2025. The Initial Case Management Conference set for November 21, 2024, is vacated. The Court will issue a scheduling order. Signed by Judge James Donato on 11/14/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) [Transferred from California Northern on 2/10/2025.] | |
| Friday, November 15, 2024 | ||
| 31 | 31
Rule 7.1 Disclosures by HEALTHCARE MANAGEMENT SOLUTIONS, LLC identifying Corporate Parent HMS Holdings, Inc., Other Affiliate Healthcare Management Solutions ESOP Trust for HEALTHCARE MANAGEMENT SOLUTIONS, LLC. *Defendant Healthcare Management Solution LLC's Supplemental Corporate Disclosure Statement and Certification of Conflicts and Interested Entities and Parties* (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 32 | 32
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| Tuesday, November 26, 2024 | ||
| 33 | 33
CASE MANAGEMENT SCHEDULING ORDER: Amended Pleadings due by 12/13/2024. Close of Fact Discovery due by 9/12/2025. Close of Expert Discovery due by 11/14/2025. Motion for Class Certification due by 1/30/2026. Dispositive Motions due by 4/3/2026. Jury Selection set for 8/17/2026 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Jury Trial set for 8/17/2026 09:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Pretrial Conference set for 8/6/2026 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Signed by Judge James Donato on 11/26/2024. (jdlc3, COURT STAFF) [Transferred from California Northern on 2/10/2025.]
|
|
| Tuesday, December 03, 2024 | ||
| 34 | 34
MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in the Alternative, to Transfer Venue* filed by HEALTHCARE MANAGEMENT SOLUTIONS, LLC. Motion Hearing set for 2/6/2025 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/17/2024. Replies due by 12/24/2024. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 35 | 35
Declaration of Jason Cunningham in Support of34 MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in the Alternative, to Transfer Venue filed byHEALTHCARE MANAGEMENT SOLUTIONS, LLC. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 36 | 36
Request for Judicial Notice re34 MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in MOTION to Dismiss for Lack of Jurisdiction *Defendant Healthcare Management Solutions LLC's Memorandum in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint Pursuant to 12(b)(1), 12(b)(2) and 12(b)(3), or in the Alternative, to Transfer Venue filed byHEALTHCARE MANAGEMENT SOLUTIONS, LLC. (Charlemagne, Chardaie) [Transferred from California Northern on 2/10/2025.]
|
|
| 37 | 37
MOTION to Dismiss for Lack of Jurisdiction Defendant ASRC Federal Data Solutions, LLC's Notice of Motion and Motion to Dismiss, or Alternatively to Transfer Venue, and Memorandum of Points and Authorities filed by ASRC Federal Data Solutions, LLC. Motion Hearing set for 2/6/2025 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/17/2024. Replies due by 12/24/2024.(Shively, Ashley) [Transferred from California Northern on 2/10/2025.]
|
|
|
Att: 1
Declaration of Martin L. McLellan,
|
||
|
Att: 2
Proposed Order Granting Defendant ASRC Federal Data Solutions, LLC's Motion to Dismiss, or Alternatively to Transfer Venue
|
||
| Friday, January 10, 2025 | ||
| 38 | 38
OPPOSITION/RESPONSE filed byDarryl Scott. (Schubert, Amber) [Transferred from California Northern on 2/10/2025.]
|
|
| Friday, January 24, 2025 | ||
| 39 | 39
REPLY filed byHEALTHCARE MANAGEMENT SOLUTIONS, LLC, ASRC Federal Data Solutions, LLC. (Durham, Rebecca) [Transferred from California Northern on 2/10/2025.]
|
|
| Friday, February 07, 2025 | ||
| 40 | 40
Minute Entry for proceedings held before Judge James Donato: Transfer Motion Hearing held on 2/6/2025. Total Time in Court: 8 Minutes. Court Reporter: Debra Pas. (jdlc3, COURT STAFF) (Date Filed: 2/7/2025) [Transferred from California Northern on 2/10/2025.]
|
|
| 41 | 41
ORDER RE TRANSFER. Signed by Judge James Donato on 2/7/2025. (jdlc3, COURT STAFF) [Transferred from California Northern on 2/10/2025.]
|
|
| Monday, February 10, 2025 | ||
| 42 | 42
Case transferred in from District of California Northern; Case Number 3:24-cv-04658. (snc)
|
|
| 43 | 43
VERIFICATION OF ATTORNEY ADMISSION for attorneys A. Schubert, D. Pulgram, R. Schubert, C. Charlemagne, A. Shively and R. Durham. (snc)
|
|