Electrostim Medical Services, Inc. v. Health Care Service Corporation

Filing 62

ORDER entered: The court will address both sets of claims at the April 16, 2013 hearing. Counsel for the parties must be prepared to discuss the status of all claims and any outstanding motions at that hearing. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
ELECTROSTIM MEDICAL
SERVICES, INC.,
Plaintiff,
v.
HEALTH CARE SERVICE CORP.,
Defendant.

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CIVIL ACTION NO. H-11-2745

ORDER
On February 25, 2013, this court set a status conference for April 16, 2013 at 10:00 a.m.
to discuss mediation efforts regarding some of Electrostim Medical Services, Inc.’s (“Electrostim”)
benefits claims. (Docket Entry No. 60). That set of claims includes those that arose during the
period Electrostim and Blue Cross Blue Shield of Texas (“BCBSTX”), a division of Health Care
Service Corp. (“Health Care”), shared a contractual relationship, and appear to be those claims set
out in the spreadsheet filed with this court, (Docket Entry No. 55). As to the separate set of claims
that arose after the contractual relationship ended, this court ordered the parties to submit a status
report describing the time necessary for Electrostim to submit copies of these claims to BCBSTX.
(Docket Entry No. 60). The status report was due March 1, 2013 and production was required to
begin no later than March 15, 2013. (Id.) The court stated that it would set a separate status
conference on this set of claims once it received Electrostim’s report. (Id.)
Electrostim filed its status report on March 1, 2013. (Docket Entry No. 61). Electrostim
cited no obstacles to production in a timely manner, and represented that the production would be
completed by April 1, 2013. (Id.) Health Care raised on objections to Electrostim’s report in this
court. Based on Electrostim’s representations, a separate hearing on the extracontractual claims is

not necessary. The court will address both sets of claims at the April 16, 2013 hearing. Counsel for
the parties must be prepared to discuss the status of all claims and any outstanding motions at that
hearing.
SIGNED on April 3, 2013, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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