R. et al v. Blue Shield of California
| Correctional Officer R. R. and E. R. |
| Blue Shield of California |
| 3:2022cv07707 |
| December 6, 2022 |
| US District Court for the Northern District of California |
| Oakland Office |
| James Donato |
| Kandis A Westmore |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER GRANTING #36 STIPULATION TO RESCHEDULE THE CASE MANAGEMENT CONFERENCE. Initial case management conference set for March 23, 2023, at 10:00 a.m. Case management statement due by March 16, 2023. Signed by Judge James Donato on 1/17/2023. (jdlc3, COURT STAFF) (Filed on 1/17/2023)
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Filing 36
Joint Case Management Scheduling Order, filed by E. R., R. R.. Responses due by 1/30/2023. Replies due by 2/6/2023. (King, Brian) (Filed on 1/16/2023) Modified on 1/19/2023 (kmg, COURT STAFF).
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Filing 35
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 3/9/2023 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/2/2023. Signed by Judge James Donato on 12/27/2022. (lrc, COURT STAFF) (Filed on 12/27/2022)
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Filing 34
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 Kandis A. Westmore 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 12/22/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jrs, COURT STAFF) (Filed on 12/22/2022)
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Filing 33
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. (wft, COURT STAFF) (Filed on 12/21/2022)
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Filing 32
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Blue Shield of California.. (Murray, Misty) (Filed on 12/21/2022)
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Filing 31
Certificate of Interested Entities by Blue Shield of California re #29 Answer to Complaint (Murray, Misty) (Filed on 12/21/2022)
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Filing 30
Corporate Disclosure Statement by Blue Shield of California re #29 Answer to Complaint (Murray, Misty) (Filed on 12/21/2022)
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Filing 29
ANSWER to Complaint by Blue Shield of California. (Murray, Misty) (Filed on 12/21/2022) Modified on 1/3/2023 (gba, COURT STAFF).
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Filing 28
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17840130.) Filing fee previously paid on December 20, 2022 filed by E. R., R. R.. (Attachments: #1 Exhibit Certificate of Good Standing)(King, Brian) (Filed on 12/20/2022)
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Filing 27
CLERK'S NOTICE TO COUNSEL re #26 : The written application must be re-filed using the 11/2021 revised version of the form. The true and correct copies of the certificates of good standing must also be re-filed as attachment to the application. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 12/20/2022)
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Filing 26
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17840130.) filed by E. R., R. R.. (Attachments: #1 Exhibit Certificate of Good Standing)(King, Brian) (Filed on 12/20/2022)
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Filing 25
NOTICE of Appearance by Karen T Tsui (Tsui, Karen) (Filed on 12/9/2022)
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Filing 24
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/22/2022. (wft, COURT STAFF) (Filed on 12/8/2022)
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Filing 23
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/28/2023. Initial Case Management Conference set for 3/7/2023 01:30 PM in Oakland, - To be determined. (gba, COURT STAFF) (Filed on 12/7/2022)
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Filing 22
Case transferred in from District of Utah; Case Number 2:22-cv-00502. Original file certified copy of transfer order and docket sheet received.
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Filing 21
MEMORANDUM DECISION AND ORDER granting #17 Stipulated Motion to Transfer Venue to the Northern District of California. Signed by Magistrate Judge Daphne A. Oberg on 12/6/22. (dla)
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Filing 20
NOTICE of SUPPLEMENTAL AUTHORITY by E. R., R. R. re 18 Order,, requesting supplemental briefing on stipulation to transfer (King, Brian)
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Filing 19
--- California Physicians' Service dba Blue Shield of California's Supplemental Briefing ISO Transfer of Venue to the Northern District of California --- BRIEF re 18 Order,, filed by Defendant Blue Shield of California. (Murray, Misty)
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Filing 18
DOCKET TEXT ORDER: The parties filed a Stipulated Motion to Change Venue to the Northern District of California #17 . The parties are ordered to file supplemental briefing establishing that the Northern District of California "is a proper forum in which the action could have been brought originally." Mandel v. Hafermann, No. 2:19-cv-00563, 2020 U.S. Dist. LEXIS 96286, at *3 (D. Utah June 1, 2020) (unpublished) (quoting Chrysler Credit Corp. v. County Chrysler, Inc., 928 F.2d 1509, 1515 (10th Cir. 1991)). The briefing should be no more than three pages in length and must be filed within fourteen (14) days of this order. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 11/07/2022. (rw)
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Filing 17
Stipulated MOTION to Change Venue filed by Plaintiffs E. R., R. R.. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(King, Brian)
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Filing 16
DOCKET TEXT ORDER granting #15 Motion for Extension of Time to File Response re #13 MOTION to Dismiss and Memorandum in Support --- Defendant California Physicians' Service dba Blue Shield of California's Motion to Dismiss or to Transfer the Action Pursuant to 28 U.S.C. section 1404(a) ---. Responses due by 11/4/2022. Signed by Magistrate Judge Daphne A. Oberg on 11/2/2022. No attached document. (rw)
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Filing 15
Plaintiff's MOTION for Extension of Time to File Response/Reply as to #13 MOTION to Dismiss and Memorandum in Support --- Defendant California Physicians' Service dba Blue Shield of California's Motion to Dismiss or to Transfer the Action Pursuant to 28 U.S.C. section 1404(a) --- filed by Plaintiffs E. R., R. R.. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(King, Brian)
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Filing 14
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Blue Shield of California. (Murray, Misty)
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Filing 13
MOTION to Dismiss and Memorandum in Support --- Defendant California Physicians' Service dba Blue Shield of California's Motion to Dismiss or to Transfer the Action Pursuant to 28 U.S.C. section 1404(a) --- filed by Defendant Blue Shield of California. (Attachments: #1 Declaration of Leslie Crawford ISO Motion to Dismiss or Transfer Action w_Exh 1, #2 Declaration of Misty A. Murray ISO Motion to Dismiss or Transfer Venue)(Murray, Misty)
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Filing 12
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Misty A. Murray for Blue Shield of California. Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 9/22/22. (dla)
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Filing 11
MOTION for Admission Pro Hac Vice of Misty A. Murray , Registration fee $ 250, receipt number AUTDC-4453454,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Blue Shield of California. Attorney Scott M. Petersen added to party Blue Shield of California(pty:dft)(Petersen, Scott)
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Filing 10
DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr on 9/12/22. (dla)
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Filing 9
All Consent/Reassignment Forms have now been received. After review of all forms, Case Reassigned to District Judge per request of one or more party(s). Case randomly assigned to Judge Howard C. Nielson, Jr. Magistrate Judge Jared C. Bennett no longer assigned to the case. (alf)
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Filing 8
RECEIVED Consent/Reassignment Form from Defendant Blue Shield of California. (alf)
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Filing 7
RECEIVED Consent/Reassignment Form from Plaintiffs E. R., R. R.. (alf)
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Filing 6
NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return #the form on this link To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not file the Consent Form in the case.Notice e-mailed or mailed to Defendant Blue Shield of California, Plaintiffs E. R., R. R.. Form due by 9/27/2022. (alf)
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Filing 5
NOTICE OF ADR, e-mailed or mailed to Defendant Blue Shield of California, Plaintiffs E. R., R. R.. (alf)
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Filing 4
WAIVER OF SERVICE Returned Executed filed by R. R., E. R. as to Blue Shield of California Waiver sent on 8/5/2022, answer due 10/4/2022. (King, Brian)
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Filing 3
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen(14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 08/05/2022. (jl)
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Filing 2
COMPLAINT against Blue Shield of California (Filing fee $ 402, receipt number AUTDC-4409697) filed by R. R., E. R.. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Jared C. Bennett (King, Brian)
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Filing 1
Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Plaintiffs E. R., and R. R. are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402. by the end of the business day. NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system.Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (ks)
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