Case Details

CourtDistrict of South Carolina
Docket number4:13-cv-00599
Date case filed2013-03-06
Date case closed
Date of latest filing
Assigned toHonorable R Bryan Harwell
Case cause29:1001 E.R.I.S.A.: Employee Retirement
Nature of suit791 Labor: E.R.I.S.A.
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Wayne Boyd
Party type: Plaintiff
Attorney name: Blaney A Coskrey , III
Attorney Contact:
Coskrey Law Office
1201 Main Street
Suite 1980
Columbia, SC 29201
803-748-1202
Fax: 803-748-1302
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Whitfield R Boyd
Party type: Plaintiff
Attorney name: Blaney A Coskrey , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sysco Corporation
Party type: Defendant
Attorney name: Robert Lesley Brown
Attorney Contact:
Clawson and Staubes (Cola)
1612 Marion Street
Suite 200
Columbia, SC 29201
800-774-8242
Fax: 843-722-2867
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Sysco Corporation Group Benefit Plan
Party type: Defendant
Attorney name: Robert Lesley Brown
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: United Behavioral Health
Party type: Defendant
Attorney name: Robert Lesley Brown
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-03-06 COMPLAINT against Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health (filing fee $350 receipt number 0420-4598398), filed by Wayne Boyd, Whitfield R Boyd.(hcic, ) (Entered: 03/06/2013)
32013-03-06 Local Rule 26.01 Answers to Interrogatories by Wayne Boyd, Whitfield R Boyd.(hcic, ) (Entered: 03/06/2013)
42013-03-06 Summons Issued as to Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. (hcic, ) (Entered: 03/06/2013)
52013-04-22 ANSWER to 1 Complaint by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health.(Brown, Robert) (Entered: 04/22/2013)
62013-04-23 ERISA CASE MANAGEMENT ORDER. Signed by Honorable R Bryan Harwell on 4/23/2013. (hcic, ) (Entered: 04/23/2013)
82013-06-24 JOINT CERTIFICATION by Wayne Boyd, Whitfield R Boyd, Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. (Coskrey, Blaney) Modified on 6/25/2013 to correct event type. (hcic, ) (Entered: 06/25/2013)
92013-07-24 MOTION to Amend/Correct Specialized Case Management Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 8/12/2013. (Attachments: # 1 Affidavit Statement of Robert L. Brown)Proposed order is being emailed to chambers with copy to opposing counsel.(Brown, Robert) (Entered: 07/24/2013)
102013-07-24 Amended MOTION to Amend/Correct 9 MOTION to Amend/Correct Specialized Case Management Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 8/12/2013. (Attachments: # 1 Affidavit Statement of Robert L. Brown)No proposed order.(Brown, Robert) (Entered: 07/24/2013)
112013-07-26 AMENDED SPECIALIZED CASE MANAGEMENT ORDER. Signed by The Honorable R Bryan Harwell on 7/26/2013. (hcic, ) (Entered: 07/26/2013)
122013-07-26 TEXT ORDER granting 10 Motion to Amend/Correct Specialized Case Management Order. Signed by The Honorable R Bryan Harwell on 7/26/2013.(hcic, ) (Entered: 07/26/2013)
152013-09-11 MOTION for Discovery by Wayne Boyd, Whitfield R Boyd. Response to Motion due by 9/30/2013. (Attachments: # 1 Memo in Support, # 2 Affidavit including exhibits A - J, # 3 Unpublished case exhibit 1, # 4 unpublished case exhibit 2)No proposed order.(Coskrey, Blaney) (Entered: 09/11/2013)
162013-09-30 RESPONSE in Opposition re 15 MOTION for Discovery Response filed by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health.Reply to Response to Motion due by 10/10/2013 (Brown, Robert) (Entered: 09/30/2013)
172013-10-09 REPLY to Response to Motion re 15 MOTION for Discovery Response filed by Wayne Boyd, Whitfield R Boyd. (Coskrey, Blaney) (Entered: 10/09/2013)
192014-07-03 ORDER on 15 Motion for Discovery. The Court finds that limited discovery should be allowed as set forth herein. All discovery is to be completed by 9/1/2014. Should defense counsel believe that a protective order is necessary regarding this discovery, they should submit a consent protective order to the Court. Signed by the Honorable R Bryan Harwell on 7/3/2014. (hcic, ) (Entered: 07/03/2014)
212014-08-18 Joint MOTION for Protective Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 9/5/2014. (Attachments: # 1 Exhibit Exhibit A - Proposed Protective Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brown, Robert) (Entered: 08/18/2014)
222014-08-18 TEXT ORDER granting 21 Motion for Protective Order. Signed by the Honorable R Bryan Harwell on 8/18/2014. (hcic, ) (Entered: 08/19/2014)
232014-08-18 CONSENT PROTECTIVE ORDER. Signed by the Honorable R Bryan Harwell on 8/18/2014. (hcic, ) (Entered: 08/19/2014)
242014-08-25 Joint MOTION to Amend/Correct Specialized Case Management Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health, Wayne Boyd, Whitfield R Boyd. Response to Motion due by 9/11/2014. No proposed order.(Brown, Robert) Modified on 8/26/2014 to add filers listed on document (hcic, ). (Entered: 08/25/2014)
252014-08-26 TEXT ORDER granting 24 Motion to Amend/Correct Specialized Case Management Order. Signed by the Honorable R Bryan Harwell on 8/26/2014. (hcic, ) (Entered: 08/26/2014)
262014-08-26 ERISA CASE MANAGEMENT ORDER. Discovery motions are due no later than 9/9/14. If no discovery motions are filed, cross-memoranda in support of judgment due by 11/5/2014. If discovery motions are filed, cross-memoranda in support of judgment due no later than sixty (60) days after the Court's ruling on said discovery motions. Signed by the Honorable R Bryan Harwell on 8/26/2014. (hcic, ) (Entered: 08/26/2014)
272014-09-09 MOTION to Compel by Wayne Boyd, Whitfield R Boyd. Response to Motion due by 9/26/2014. (Attachments: # 1 Memo in Support Memorandum in Support of Motion to Compel, # 2 Supporting Documents Exhibit A - Interrogatories, # 3 Supporting Documents Exhibit B - Answers to Interrogatories, # 4 Supporting Documents Exhibit C - Requests for Production, # 5 Supporting Documents Exhibit D - Responses to Requests for Production)No proposed order.(Coskrey, Blaney) (Entered: 09/09/2014)
282014-09-09 MOTION for Discovery to Deem Requests Admitted by Wayne Boyd, Whitfield R Boyd. Response to Motion due by 9/26/2014. (Attachments: # 1 Memo in Support Memorandum in Support of Motion to Deem Requests Admitted, # 2 Exhibit Exhibit A - Requests for Admissions, # 3 Exhibit Exhibit B - Email, # 4 Exhibit Exhibit C - Email and Attachment, # 5 Exhibit Exhibit D - Mailed discovery, # 6 Exhibit Exhibit E - Email and Attachment, # 7 Exhibit Letter)No proposed order.(Coskrey, Blaney) (Entered: 09/09/2014)
292014-09-19 ORDER REFERRING MOTIONS TO MAGISTRATE JUDGE: 28 MOTION for Discovery to Deem Requests Admitted filed by Whitfield R Boyd, Wayne Boyd, 27 MOTION to Compel, filed by Whitfield R Boyd, Wayne Boyd. Signed by the Honorable R Bryan Harwell on 9/19/2014. Motions referred to Kaymani D West. (hcic, ) (Entered: 09/19/2014)
302014-09-23 RESPONSE in Opposition re 27 MOTION to Compel Response filed by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health.Reply to Response to Motion due by 10/3/2014 (Attachments: # 1 Memo in Support)(Brown, Robert) (Entered: 09/23/2014)
312014-09-23 RESPONSE in Opposition re 28 MOTION for Discovery to Deem Requests Admitted Response filed by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health.Reply to Response to Motion due by 10/3/2014 (Attachments: # 1 Memo in Support)(Brown, Robert) (Entered: 09/23/2014)
322014-09-23 MOTION for Protective Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 10/10/2014. (Attachments: # 1 Memo in Support)No proposed order.(Brown, Robert) (Entered: 09/23/2014)
332014-09-23 ORDER REFERRING MOTION: 32 MOTION for Protective Order filed by Sysco Corporation, United Behavioral Health, Sysco Corporation Group Benefit Plan. Signed by the Honorable R Bryan Harwell on 9/23/2014. Motion referred to Kaymani D West. (hcic, ) (Entered: 09/23/2014)
342014-10-02 REPLY to Response to Motion re 28 MOTION for Discovery to Deem Requests Admitted, 27 MOTION to Compel Response filed by Wayne Boyd, Whitfield R Boyd. (Attachments: # 1 Exhibit Exhibit A - Brown Letter, # 2 Envelope Exhibit B - unpublished case (Kelly))(Coskrey, Blaney) (Entered: 10/02/2014)
352014-10-02 RESPONSE in Opposition re 32 MOTION for Protective Order Response filed by Wayne Boyd, Whitfield R Boyd.Reply to Response to Motion due by 10/14/2014 (Coskrey, Blaney) (Entered: 10/02/2014)
362014-11-10 ORDER granting in part 27 Motion to Compel; denying 28 Motion to Deem Requests Admitted; denying as moot 32 Motion for Protective Order. Signed by Magistrate Judge Kaymani D West on 11/10/2014. (hcic, ) (Entered: 11/10/2014)
372015-01-07 MOTION to Amend/Correct August 26, 2014 Scheduling Order by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 1/26/2015. (Attachments: # 1 Affidavit of Robert L. Brown)No proposed order.(Brown, Robert) (Entered: 01/07/2015)
382015-01-07 RESPONSE in Opposition re 37 MOTION to Amend/Correct August 26, 2014 Scheduling Order Response filed by Wayne Boyd, Whitfield R Boyd.Reply to Response to Motion due by 1/20/2015 (Attachments: # 1 Affidavit Affidavit of Coskrey with attachment)(Coskrey, Blaney) (Entered: 01/07/2015)
392015-01-08 MOTION for Extension of Time by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 1/26/2015. (Attachments: # 1 Affidavit Affidavit of Robert L. Brown in Support of Motion for Enlargement of Time)No proposed order.(Brown, Robert) (Entered: 01/08/2015)
39.1
402015-01-08 Withdrawal of Motions: 37 MOTION to Amend/Correct August 26, 2014 Scheduling Order filed by Sysco Corporation, United Behavioral Health, Sysco Corporation Group Benefit Plan.. (Brown, Robert) (Entered: 01/08/2015)
412015-01-08 RESPONSE in Opposition re 39 MOTION for Extension of Time Response filed by Wayne Boyd, Whitfield R Boyd.Reply to Response to Motion due by 1/20/2015 (Coskrey, Blaney) (Entered: 01/08/2015)
432015-01-08 TEXT ORDER: This matter is before the Court on Defendants' 39 motion for extension of time. It appears from the Defendants' motions 37 and 39 and Plaintiff's responses thereto that the parties are unfamiliar with the procedure for submitting the administrative record and cross memoranda in support of judgment. Pursuant to the Court's Specialized Case Management Order, the parties shall file their Joint Stipulation concerning the administrative record at the same time as their cross memoranda in support of judgment. See [Docket Entry # 6 , 11 ]. The parties are to attach one copy of the relevant portions of the administrative record as Exhibit 1 to the Joint Stipulation. If the parties disagree regarding the contents of the administrative record, the parties must attach the relevant portions of the record that are in dispute, consecutively numbered, and state each party's position with respect to the disputed portions of the administrative record. In this case, the form and instructions for the Joint Stipulation can be found on page 7 of the Court's initial Specialized Case Management Order. See [Docket Entry # 6 , pg. 7]. Not later than January 15, 2015, the parties shall file their cross memoranda in support of judgment, joint stipulation, relevant portions of the administrative record, and any relevant portions of the record that are in dispute in accordance with the Court's Specialized Case Management Order and Joint Stipulation instructions. There being no prejudice to the Plaintiff, Defendants' 39 motion for extension of time is GRANTED. Signed by Honorable R Bryan Harwell on 1/8/2015.(tmcb, ) (Entered: 01/08/2015)
452015-01-15 MOTION for Summary Judgment on Second Cause of Action by Wayne Boyd, Whitfield R Boyd. Response to Motion due by 2/2/2015. (Attachments: # 1 Memo in Support, # 2 Exhibit Response to Req for Admissions, # 3 Exhibit Case: Mullins v ATT)No proposed order.(Coskrey, Blaney) (Entered: 01/15/2015)
462015-01-15 MEMORANDUM IN SUPPORT OF JUDGMENT on First Cause of Action by Wayne Boyd, Whitfield R Boyd. (Attachments: # 1 Exhibit Exhibit A - letter, # 2 Exhibit Exhibit B - Defendants' Discovery Responses, # 3 Exhibit Exhibit C - Case (Anderson), # 4 Exhibit Exhibit D - Defendants' 3rd supp responses, # 5 Exhibit Exhibit E - Case (Lukas), # 6 Exhibit Exhibit F - Case (Arnold), # 7 Exhibit Exhibit G - Case (Gaines), # 8 Exhibit Exhibit H - Emails)(Coskrey, Blaney) (Entered: 01/15/2015)
472015-01-15 MEMORANDUM IN SUPPORT OF JUDGMENT ON FIRST CAUSE OF ACTION by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. (Brown, Robert) (Entered: 01/15/2015)
482015-01-15 JOINT STIPULATION by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. (Brown, Robert) (Entered: 01/15/2015)
492015-01-15 EVIDENTIARY APPENDIX TO JOINT STIPULATION - Limited Electronic Access by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. (Attachments: # 1 Bates No. 1-156 2009 Benefits Guide, # 2 157-180 2010 Group Benefits Summary, # 3 181-182 Addendum to 2010 Summary of Material Modifications, # 4 183-206 Sysco 2011 Group Benefits, # 5 207-234 Sysco 2012 Group Benefits, # 6 235-238 2010 UBH Level of Care Guidelines, # 7 239-242 2011 UBH Level of Care Guidelines, # 8 243-252 2012 UBH Level of Care Guidelines, # 9 253-255 Affidavit of Whitfield Boyd, # 10 256-297 Boyd Letters and External Review, # 11 298 Online Routing System History, # 12 299-302 1/24/11 Narcanon bill, # 13 303-304 Explanation of Benefits dated 3/22/11, # 14 305-306 Explanation of Benefits dated 10/12/11, # 15 307-308 Claims Search Report, # 16 309-312 ARTT records, # 17 313 CARTA, # 18 314-327 LINX Notes, # 19 328-396 9-29-11 Retro Review, Part 1 of 3, # 20 397-466 9-29-11 Retro Review, Part 2 of 3, # 21 467-533 9-29-11 Retro Review, Part 3 of 3, # 22 534-598 6-24-11 Retro Review, # 23 599-686 Medical Records received from Narcanont, # 24 687-739 Wilmington Records Part 1 of 2, # 25 740-792 Wilmington Records Part 2 of 2, # 26 793-806 August West Records, # 27 807-867 Three Rivers Records, # 28 868-900 Sysco Group Benefits Plan Res and Plan Doc 2005, # 29 901-905 Affidavit of Wayne Boyd, # 30 906-912 11/19/12 Letter to UBH from Plaintiffs counsel, # 31 M913-915 Ltrs btw Advanced Medical Reviews and Plaintiffs counsel, # 32 916-923 Excerpt from APA Best Practices Guidelines)(Brown, Robert) Modified on 1/16/2015 to add descriptive names to exhibits as provided by filer (hcic, ). (Entered: 01/15/2015)
502015-01-15 MOTION for Summary Judgment on ERISA penalty claim by Sysco Corporation, Sysco Corporation Group Benefit Plan, United Behavioral Health. Response to Motion due by 2/2/2015. (Attachments: # 1 Memo in Support)No proposed order.(Brown, Robert) (Entered: 01/15/2015)