This case was last updated from PACER on 08/06/2019 at 07:31:39 (UTC).

Mulvey v. United Mine Workers of America Health and Retirement Funds

Case Summary

On 06/07/2019 Mulvey filed a Labor - Employee Benefit lawsuit against United Mine Workers of America Health and Retirement Funds. This case was filed in U.S. District Courts, Ohio Southern District. The Judges overseeing this case are Elizabeth Preston Deavers and George C. Smith. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:19-CV-02400

  • Filing Date:

    06/07/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Employee Benefit

  • Court:

    U.S. District Courts

  • Courthouse:

    Ohio Southern District

Judge Details

Referral Judge

Elizabeth Preston Deavers

Presiding Judge

George C. Smith

 

Party Details

Plaintiffs

Randall J Mulvey

Jacobsburg, OH 43933

Randall J Mulvey, Sr

Jacobsburg, OH 43933

Defendant

United Mine Workers of America Health and Retirement Funds

Attorney/Law Firm Details

Defendant Attorneys

Matthew Thomas Schaeffer

Attorney at Bailey Cavalieri LLC

10 W. Broad Street, Suite 2100

Columbus, OH 43215-3422

Abigail Petouvis

Attorney at UMWA Health and Retirement Funds

2121 K Street, Suite 350

Washington, DC 20037

Nick Vincent Cavalieri

Attorney at Bailey Cavalieri LLC

10 W. Broad Street, Suite 2100

Columbus, OH 43215-3422

 

Court Documents

#12

(#12) ORDER - Plaintiff is ORDERED to file by JULY 29, 2019, a notice clarifying whether #11 Letter and attachments (see id.) constitute his response to Defendant's motion and, if they do not, to file his response to the motion to dismiss by that date. Plaintiff is ADVISED that failure to respond to this Order shall result in the Court construing the letter as his response and directing that Defendants reply memorandum, if any, be filed within fourteen (14) days of July 30, 2019. Signed by Magistrate Judge Elizabeth Preston Deavers on July 16, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/16/2019)

#14

(#14) MOTION for Jury Trial and Motion to Stay ( Responses due by 8/12/2019) by Plaintiff Randall J Mulvey, Sr. (mdr) (Entered: 07/19/2019)

#10

(#10) PRELIMINARY PRETRIAL ORDER: Administrative Record Deadline (for ERISA cases) due by 7/31/2019; Motions re: venue or jurisdiction due by 7/31/2019; Joinder of Parties & Motions to Amend due by 8/30/2019; Discovery due by 9/30/2019 (if it occurs); Dispositive motions due by 10/31/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/11/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 07/12/2019)

#15

(#15) RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Defendants' Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Plaintiff Randall J Mulvey, Sr. (mdr) (Entered: 07/22/2019)

1 #2

Exhibit Qualified Domestic Relations Order

#5

(#5) NOTICE - Supplemental Civil Cover Sheet by Defendant United Mine Workers of America Health and Retirement Funds (Schaeffer, Matthew) Modified text on 6/11/2019 (kk) (Entered: 06/10/2019)

#9

(#9) ORDER: Plaintiff is granted twenty-one (21) days from the date of this order to respond to the #2 Motion to Dismiss for Failure to State a Claim. Failure to do so may result in the granting of the motion or the dismissal of the case for want of prosecution. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/8/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 07/08/2019)

#7

(#7) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6984992) of Abigail A. Petouvis by Defendant United Mine Workers of America Health and Retirement Funds. (Cavalieri, Nick) (Entered: 06/26/2019)

#1

(#1) NOTICE OF REMOVAL from Court of Common Pleas, Belmont County, Ohio, case number 19CV0173 ( Filing fee $ 400 paid - receipt number: 0648-6958029), filed by United Mine Workers of America Health and Retirement Funds. (Attachments: #1 Exhibit Summons and Complaint, #2 SEALED Exhibit Qualified Domestic Relations Order-contains personal identifiers.) (Schaeffer, Matthew) (Entered: 06/07/2019)

#2

(#2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Defendants' Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant United Mine Workers of America Health and Retirement Funds. (Schaeffer, Matthew) (Entered: 06/07/2019)

#13

(#13) Letter from Randall J. Mulvey. (mdr) (Modified on 7/17/2019.) (Entered: 07/16/2019)

#4

(#4) NOTICE - Civil Cover Sheet by Defendant United Mine Workers of America Health and Retirement Funds (Schaeffer, Matthew) Modified text on 6/11/2019 (kk) (Entered: 06/10/2019)

1 #1

Exhibit Summons and Complaint

#8

(#8) RULE 26(f) REPORT by Defendant United Mine Workers of America Health and Retirement Funds. (Schaeffer, Matthew) (Entered: 07/03/2019)

#11

RESTRICTED

#3

(#3) COMPLAINT filed in Belmont County Common Pleas Court by Randall J Mulvey against United Mine Workers of America Health and Retirement Funds (kk) (Entered: 06/10/2019)

#6

(#6) NOTICE of Hearing: Preliminary Pretrial Conference set for 7/11/2019 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)(This document sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/11/2019)

6 More Documents Available

 

Docket Entries

  • 07/22/2019
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  • (#15) RESPONSE in Opposition re #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Defendants' Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Plaintiff Randall J Mulvey, Sr. (mdr) (Entered: 07/22/2019)

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  • 07/18/2019
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  • (#14) MOTION for Jury Trial and Motion to Stay ( Responses due by 8/12/2019) by Plaintiff Randall J Mulvey, Sr. (mdr) (Entered: 07/19/2019)

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  • 07/16/2019
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  • (#13) Letter from Randall J. Mulvey. (mdr) (Modified on 7/17/2019.) (Entered: 07/16/2019)

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  • 07/16/2019
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  • (#12) ORDER - Plaintiff is ORDERED to file by JULY 29, 2019, a notice clarifying whether #11 Letter and attachments (see id.) constitute his response to Defendant's motion and, if they do not, to file his response to the motion to dismiss by that date. Plaintiff is ADVISED that failure to respond to this Order shall result in the Court construing the letter as his response and directing that Defendants reply memorandum, if any, be filed within fourteen (14) days of July 30, 2019. Signed by Magistrate Judge Elizabeth Preston Deavers on July 16, 2019. (jlk) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/16/2019)

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  • 07/15/2019
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  • (#11) Letter from Randall J. Mulvey. (mdr) Modified security to "case participants" only on 7/17/2019 .(sln) (Entered: 07/15/2019)

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  • 07/11/2019
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  • (#10) PRELIMINARY PRETRIAL ORDER: Administrative Record Deadline (for ERISA cases) due by 7/31/2019; Motions re: venue or jurisdiction due by 7/31/2019; Joinder of Parties & Motions to Amend due by 8/30/2019; Discovery due by 9/30/2019 (if it occurs); Dispositive motions due by 10/31/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/11/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 07/12/2019)

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  • 07/11/2019
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  • NOTICE: The 7/11/2019 at 11:30 AM Preliminary Pretrial Conference is VACATED. (See ECF No. #8 .) (sln)(This notice sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/11/2019)

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  • 07/08/2019
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  • Set/Reset Deadlines as to #2 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Responses due by 7/29/2019 (kk2) (Entered: 07/08/2019)

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  • 07/08/2019
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  • (#9) ORDER: Plaintiff is granted twenty-one (21) days from the date of this order to respond to the #2 Motion to Dismiss for Failure to State a Claim. Failure to do so may result in the granting of the motion or the dismissal of the case for want of prosecution. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/8/2019. (kk2)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification) (Entered: 07/08/2019)

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  • 07/03/2019
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  • (#8) RULE 26(f) REPORT by Defendant United Mine Workers of America Health and Retirement Funds. (Schaeffer, Matthew) (Entered: 07/03/2019)

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  • 07/01/2019
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  • NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Abigail A. Petouvis. Signed by Magistrate Judge Elizabeth Preston Deavers on 07/01/2019. (mdr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/01/2019)

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  • 06/26/2019
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  • (#7) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6984992) of Abigail A. Petouvis by Defendant United Mine Workers of America Health and Retirement Funds. (Cavalieri, Nick) (Entered: 06/26/2019)

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  • 06/11/2019
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  • (#6) NOTICE of Hearing: Preliminary Pretrial Conference set for 7/11/2019 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)(This document sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/11/2019)

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  • 06/10/2019
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  • (#5) NOTICE - Supplemental Civil Cover Sheet by Defendant United Mine Workers of America Health and Retirement Funds (Schaeffer, Matthew) Modified text on 6/11/2019 (kk) (Entered: 06/10/2019)

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  • 06/10/2019
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  • (#4) NOTICE - Civil Cover Sheet by Defendant United Mine Workers of America Health and Retirement Funds (Schaeffer, Matthew) Modified text on 6/11/2019 (kk) (Entered: 06/10/2019)

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  • 06/07/2019
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  • (#3) COMPLAINT filed in Belmont County Common Pleas Court by Randall J Mulvey against United Mine Workers of America Health and Retirement Funds (kk) (Entered: 06/10/2019)

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  • 06/07/2019
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  • (#2) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM - Defendants' Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Defendant United Mine Workers of America Health and Retirement Funds. (Schaeffer, Matthew) (Entered: 06/07/2019)

    Read MoreRead Less
  • 06/07/2019
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  • (#1) NOTICE OF REMOVAL from Court of Common Pleas, Belmont County, Ohio, case number 19CV0173 ( Filing fee $ 400 paid - receipt number: 0648-6958029), filed by United Mine Workers of America Health and Retirement Funds. (Attachments: #1 Exhibit Summons and Complaint, #2 SEALED Exhibit Qualified Domestic Relations Order-contains personal identifiers.) (Schaeffer, Matthew) (Entered: 06/07/2019)

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