Opinion
23-cv-12036
07-28-2023
NADINE GARCIA, Plaintiff, v. BLUE CROSS BLUE SHIELD OF MICHIGAN, d/b/a BCBSM, Defendant.
Scott R. Knapp Brandon C. Hubbard Nolan J. Moody Angelina R. Delmastro Maureen J. Moody Grant W. Hohlbein DICKINSON WRIGHT PLLC Noah S. Hurwitz HURWITZ LAW PLLC
Scott R. Knapp
Brandon C. Hubbard
Nolan J. Moody
Angelina R. Delmastro
Maureen J. Moody
Grant W. Hohlbein
DICKINSON WRIGHT PLLC
Noah S. Hurwitz
HURWITZ LAW PLLC
STEPHEN J. MURPHY, III UNITED STATES DISTRICT JUDGE
ORDER OF CONSOLIDATION FOR DISCOVERY
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
This case is one of a group of similar cases filed in this district that is to be consolidated with Emerson v. Blue Cross Blue Shield of Michigan, 2:22-cv-12576, for purposes of discovery only. The attached Stipulation and Order Regarding Consolidation and Related Matters describes the process that is to be followed. Now, therefore, IT IS HEREBY ORDERED that the Clerk of the Court shall consolidate the above-captioned case with Emerson v. Blue Cross Blue Shield of Michigan, 2:22-cv-12576 for purposes of discovery only.
IT IS FURTHER ORDERED that counsel shall follow the protocol outlined in the attached Stipulation and Order Regarding Consolidation and Related Matters.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on October 6, 2023, by electronic means and/or ordinary mail.
s/Holly A. Ryan Case Manager (313) 234-5126
STIPULATION AND ORDER REGARDING CONSOLIDATION AND RELATED MATTERS
The Court held a scheduling conference and issued a scheduling order. ECF 25. At the conference, the Court discussed with the parties the possibility of consolidating before the Court, for purposes of discovery, thirty-two similar cases filed in this district. The cases include:
1. Salvatore Biondo v. LifeSecure Insurance Company, 2:23-cv-11145
2. Jacqulyn Bradley v. Blue Cross Blue Shield of Michigan, 4:22-cv-12577
3. Jamie Burzan v. Blue Cross Blue Shield of Michigan, 4:22-cv-12900
4. Chris Casciano v. LifeSecure Insurance Company, 2:23-cv-11149
5. Indeiria Clark v. Blue Cross Blue Shield of Michigan, 2:22-cv-13016
6. Michael Daubenmeyer v. LifeSecure Insurance Company, 2:23-cv-10474
7. Cheryl Dean v. Blue Cross Blue Shield of Michigan, 2:22-cv-12874
8. Angela Dickhudt v. Cobx Co., 2:22-cv-12838
9. Ranjeet Escamilla v. Blue Cross Blue Shield of Michigan, 2:23-cv-10279
10. Elizabeth Francis v. Blue Cross Blue Shield of Michigan, 1:22-cv-12890
11. Lisa Frizzell v. Blue Cross Blue Shield of Michigan, 2:22-cv-12899
12. Gina Galli v. Blue Cross Blue Shield of Michigan, 2:22-cv-12876
13. Jeff Garczysnki v. Accident Fund Insurance Company, 2:22-cv-12615
14. Khaneisha Gardner v. Blue Cross Blue Shield of Michigan, 4:23-cv-11084
15. Gina Guerra v. Blue Cross Blue Shield of Michigan, 5:22-cv-12893
16. Christie Hayman v. Blue Cross Blue Shield of Michigan, 2:22-cv-12877
17. Scott Holley v. Blue Cross Blue Shield of Michigan, 2:23-cv-11372
18. Matthew Vaughn Housepian v. Blue Cross Blue Shield of Michigan, 2:22-cv-12878
19. Charita Kelly v. LifeSecure Insurance Company, 4:23-cv-11375
20. Abigail Langerak v. Blue Cross Blue Shield of Michigan, 4:22-cv-12880
21. Juana Lowe v. Blue Cross Blue Shield of Michigan, 4:22-cv-12881
22. Najean Lucky v. Cobx Co., 4:22-cv-12514
23. Carmen Peeples v. Blue Cross Blue Shield of Michigan, 2:23-cv-11147
24. Brooke Pung v. Tessellate, LLC, 2:23-cv-10475
25. Rachel Riesing v. Blue Cross Blue Shield of Michigan, 2:22-cv-12883
26. Nina Riley v. Blue Cross Blue Shield of Michigan, 2:22-cv-12886
27. Ryan Romano v. Blue Cross Blue Shield of Michigan, 2:22-cv-12901
28. Crystal Sesi v. Blue Cross Blue Shield of Michigan, 2:23-cv-10838
29. Allyson Silverthorn v. Blue Cross Blue Shield of Michigan, 2:22-cv-12887
30. Renee Stallworth v. Blue Cross Blue Shield of Michigan, 5:22-cv-12898
31. Nichole Stevens v. Blue Cross Blue Shield of Michigan, 2:22-cv-12894
32. Shannon Wojtowicz v. Blue Cross Blue Shield of Michigan, 2:22-cv-12888
The parties then submitted to the Court's chambers a stipulation in which they agreed to consolidate the above thirty-two cases before the Court, along with 101 putative plaintiffs' anticipated cases, for purposes of discovery. After review of the stipulation, the Court will enter it and consolidate the thirty-two cases, along with the 101 putative plaintiffs' anticipated cases, for purposes of discovery only.
The thirty-two above-listed cases will not be consolidated or companioned with 2:22-cv-12576 in their entirety. In fact, the consolidation is only for discovery, and the consolidation contemplated in this order is limited to that purpose. As the below stipulation describes, all discovery-related filings will be filed on the 2:22-cv-12576 docket. But all other filings, including dispositive motions, will be filed on the docket of each respective case.
WHEREFORE, it is hereby ORDERED that the stipulation of the parties is ENTERED.
IT IS FURTHER ORDERED that the above thirty-two pending cases are CONSOLIDATED before the Court, along with the 101 putative plaintiffs' anticipated cases, for purposes of discovery.
IT IS FURTHER ORDERED that the Clerk of the Court must CONSOLIDATE the above-listed thirty-two cases with the present case, Emerson v. Blue Cross Blue Shield of Michigan, 2:22-cv-12576 , for purposes of discovery.
IT IS FURTHER ORDERED that counsel in each of the above-listed thirty-two pending cases must FILE an appearance in Emerson v. Blue Cross Blue Shield of Michigan, 2:22-cv-12576 .
IT IS FURTHER ORDERED that any discovery deadlines currently scheduled in the above-listed thirty-two pending cases are VACATED. Any other deadlines in those thirty-two cases, including dispositive motion deadlines, will REMAIN as is.
IT IS FURTHER ORDERED that the 101 putative plaintiffs, as listed in the stipulation, must FILE complaints no later than August 31, 2023.
IT IS FURTHER ORDERED that all defendants must RESPOND to any complaints filed by the 101 putative plaintiffs no later than October 31, 2023.
IT IS FURTHER ORDERED that, if filed, any of the 101 putative cases must INCLUDE the following caption designation in the complaint: “ Consolidated with Case No. 2:22-cv-12576 for purposes of discovery.”
IT IS FURTHER ORDERED that the parties must EXCHANGE discovery requests no later than August 31, 2023.
IT IS FURTHER ORDERED that the parties must RESPOND to the discovery requests no later than November 30, 2023.
IT IS FURTHER ORDERED that the parties must COMPLETE discovery no later than January 31, 2024.
IT IS FURTHER ORDERED that the parties must PROVIDE to the Court joint-proposed party groupings no later than February 29, 2024.
SO ORDERED.
STIPULATION
The above-captioned parties and their respective counsel of record hereby stipulate to the following:
WHEREAS, counsel for Plaintiffs has advised of another 101 putative plaintiffs, listed below, who allegedly filed in February 2022 Charges of Discrimination with the U.S. Equal Employment Opportunity Commission (“EEOC”), but who allegedly have not yet received a Notice of Right to Sue from the EEOC;
WHEREAS, in the interest of judicial economy and to promote efficiency for all parties involved, the parties and their counsel desire to have the above-captioned cases consolidated, together with the 101 putative plaintiffs' to-be-filed cases, for purposes of discovery;
WHEREAS, in reliance on the above allegations, Defendants agree to waive the requirement that the 101 putative plaintiffs actually receive a Notice of Right to Sue before filing their anticipated complaints;
WHEREAS, Defendants expressly and fully reserve their rights to challenge any issue relative to the EEOC Charges of Discrimination allegedly filed, including but not limited to the timeliness, sufficiency, accuracy, or propriety of same;
WHEREAS, Defendants further expressly and fully reserve their rights to assert any and all other defenses permitted by law, including but not limited to the existence of an arbitration agreement, any defense applicable to a plaintiff that did already receive a Notice of Right to Sue letter but did not timely file a complaint, and any defense applicable to the exhaustion of administrative remedies;
WHEREAS, in the event the EEOC does not later issue a Notice of Right to Sue Letter to one or more of the putative plaintiffs because the EEOC files suit relative to one or more of the putative plaintiffs, the Defendants will have the right to withdraw the above waiver as to those particular plaintiff(s).
NOW, THEREFORE:
IT IS HEREBY ORDERED that, for purposes of discovery, the following, already-pending cases are consolidated, with Case No. 2:22-cv-12576 being the “lead” case:
o Case No. 2:23-cv-11145
o Case No. 4:22-cv-12577
o Case No. 4:22-cv-12900
o Case No. 4:23-cv-11149
o Case No. 2:22-cv-13016
o Case No. 2:23-cv-10474
o Case No. 2:22-cv-12874
o Case No. 2:22-cv-12838
o Case No. 2:23-cv-10279
o Case No. 1:22-cv-12890
o Case No. 2:22-cv-12899
o Case No. 2:22-cv-12876
o Case No. 2:22-cv-12615
o Case No. 4:23-cv-11084
o Case No. 5:22-cv-12893
o Case No. 2:22-cv-12877
o Case No. 2:23-cv-11372
o Case No. 2:22-cv-12878
o Case No. 4:23-cv-11375
o Case No. 4:22-cv-12880
o Case No. 4:22-cv-12881
o Case No. 2:22-cv-12514
o Case No. 2:23-cv-11147
o Case No. 2:23-cv-10475
o Case No. 2:22-cv-12883
o Case No. 2:22-cv-12886
o Case No. 2:22-cv-12901
o Case No. 4:23-cv-10838
o Case No. 2:22-cv-12887
o Case No. 5:22-cv-12898
o Case No. 2:22-cv-12894
o Case No. 2:22-cv-12888IT IS FURTHER ORDERED that, to the extent Case No. 2:22-cv-12576 (the “lead” case) is disposed of by this Court (e.g., due to the existence of an agreement to arbitrate), the Court will still keep the case administratively open for purposes of the remaining parties' consolidation;
IT IS FURTHER ORDERED that the following 101 putative plaintiffs shall file their complaints not later than August 31, 2023, which shall: (i) also be consolidated with Case No. 2:22-cv-12576 (for purposes of discovery); and (ii) when filed, include the following designation on the caption:
“Consolidated with Case No. 2:22-cv-12576 for purposes of discovery.”
IT IS FURTHER ORDERED that the 101 putative plaintiffs are as follows:
1.
Chris
Adams
2.
Michele
Anderson
3.
Latoya
Armstrong
4.
Noor
Atisha
5.
Renee
Bacon
6.
Anastasia
Bakhareva
7.
Carmella
Baldino
8.
Kitty
Beard
9.
Theresa
Behling
10.
Christina
Bloch
11.
Denzell
Blockett
12.
Christina
Bloom
13.
Shantal
Blythe
14.
Samantha
Browe
15.
Joshua
Brown
16.
Laura
Chevrette
17.
Karena
Clark
18.
Toyoka
Collins
19.
Ingrid
Darga
20.
Lisa
Dayble
21.
Catherine
Delbrugge
22.
Kelly
DeLeeuw
23.
Klaudia
Dell
24.
Tammy
Dial
25.
Lisa
Domski
26.
LaJuana
Dorsey
27.
Nicholas
Dreshaj
28.
Rachel
Drouillard
29.
Michael
Ehred
30.
Christina
Estes
31.
Sherry
Ford
32.
La'Keisha
Franklin
33.
Nadine
Garcia
34.
Penny
Garza
35.
Faye
Geroche
36.
Tracy
Glass
37.
Dorian
Gray
38.
Suhey
Groulx
39.
Tina
Gueccia
40.
Jennifer
Gun del
41.
Veronica
Habbo
42.
Rebecca
Harris
43.
Dawn
Harvey
44.
Renee
Helppie-Chase
45.
Christanna
Hemmingway
46.
Margaret
Hodson
47.
Kathryn
Johnson
48.
Ghada
Joseph
49.
Dana
Kennedy
50.
Valerie
Kleinheksel
51.
Denise
Kolen
52.
Jody
Kovich
53.
Keri
Kublnick
54.
Lisa
Lagocki
55.
Amber
Lewis
56.
Audrey
Lidtke
57.
Kristy
Loomis
58.
Kilian
MacKay
59.
Camalia
Mann
60.
Brenda
Manni
61.
Aaron
Manzella
62.
Cindy
Masserman
63.
Amy
Matt
64.
Pay ton
Matzinger
65.
Heather
McDonald
66.
Stephanie
McGuire
67.
Amy
McKolay
68.
Todd
Merz
69.
Breana
Miles
70.
Lisa
Mitchell
71.
Nathan
Morales
72.
Tanya
Morgan
73.
Akeya
Muhammad
74.
Chelsea
Murray
75.
Tress
Nafsu
76.
Jason
Partin
77.
Angelene
Polk
78.
Ceneca
Pratt
79.
Nathan
Repke
80.
Denise
Roberson
81.
Laura
Rucker
82.
Richard
Rupert
83.
Paula
Rutter
84.
Cindy
Schroeder
85.
Michelle
Sherry
86.
Julie
Sibel
87.
Karen
Skender
88.
Jasmine
Smith
89.
Kaytlyn
Smith
90.
Kennesha
Smith
91.
Sabrina
Smith
92.
Melodie
Snipes
93.
Michelle
Sobczynski
94.
Anyssa
Spencer
95.
Kathy
Swartz
96.
Stacey
Wayland
97.
Paul
Whibley
98.
Shannon
Williams
99.
Todd
Woodburn
100.
Greg
Zdyrski
101.
Ne viana
Zemblaku
IT IS FURTHER ORDERED that Defendants shall respond to the complaints, as permitted by the Federal Rules of Civil Procedure, on or before October 31, 2023;
IT IS FURTHER ORDERED that, until further order of this Court, and except for pleadings and dispositive motions, any filings with this Court regarding a consolidated case need only be made in Case No. 2:22-cv-12576, regardless of which of the consolidated case(s) to which the filing pertains; any pleadings and/or dispositive motions (including motions to compel arbitration) shall continue to be filed in the specific case to which the filing applies;
IT IS FURTHER ORDERED that the parties shall exchange by August 31, 2023 the same template discovery requests (interrogatories, requests to admit, and discovery requests) that were served in the cases consolidated in the United States District Court Western District of Michigan, without prejudice to the right to issue in good faith additional discovery requests consistent with the Federal Rules of Civil Procedure;
IT IS FURTHER ORDERED that the parties shall provide written responses to the template discovery requests by November 30, 2023;
IT IS FURTHER ORDERED that, relative to the template discovery requests, the parties shall make best efforts to complete their production of documents by January 31, 2024;
IT IS FURTHER ORDERED that the parties shall jointly provide to the Court by February 29, 2024, proposed party-groupings for purposes of anticipated settlement conferences;
IT IS FURTHER ORDERED that all future dates in any scheduling orders otherwise entered in any of the consolidated cases, are hereby adjourned and replaced with the aforementioned dates.
SO ORDERED.