Kaiser Foundation Hospitals v. Michael O. Leavitt
Plaintiff: Kaiser Foundation Hospitals a California Nonprofit Public Benefit Corporation doing business as Kaiser Foundation Hospital-Anaheim
Defendant: Michael O. Leavitt
Case Number: 2:2008cv02129
Filed: March 31, 2008
Court: US District Court for the Central District of California
Office: Western Division - Los Angeles Office
County: Orange
Presiding Judge: Dean D Pregerson
Referring Judge: Patrick J Walsh
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 42 U.S.C. § 1395
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 9, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2011 Filing 38 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 , CCA # 09-56200. The Decision of the District Court is AFFIRMED. Mandate received in this district on 8/09/2011. (lr)
August 3, 2011 Opinion or Order Filing 37 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. A majority of the panel has voted to deny Appellant's Petition for Panel Rehearing. Appellant's Petition for Panel Rehearing, filed on 7/28/11, is DENIED. Order Order received in this district on 8/3/11. (car)
June 8, 2010 Opinion or Order Filing 35 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The reply brief submitted on June 2, 2010 is filed. Order received in this district on 6/20/2011. (lr)
May 28, 2010 Opinion or Order Filing 34 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The electronically-filed document filed on May 28, 2010 and entitled Correspondence to Clerk (ECF Filing) is stricken because there is an error in the document. Order received in this district on 6/20/2011. (lr)
May 21, 2010 Opinion or Order Filing 33 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The answering brief submitted on May 19, 2010 is filed. Order received in this district on 6/20/2011. (lr)
April 7, 2010 Opinion or Order Filing 32 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The opening brief submitted on April 5, 2010 is filed. Order received in this district on 6/20/2011. (lr)
February 19, 2010 Opinion or Order Filing 36 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals CCA # 09-56200. The further assessment conference previously scheduled for March 4, 2010, is canceled. The court has determined that this appeal will not be selected for inclusion in the Mediation Program. All further inquiries regarding this appeal, including requests for extensions of time, should be directed to the Clerks office. Order received in this district on 6/20/2011. (dmap)
October 29, 2009 Opinion or Order Filing 31 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The court will initiate a further assessment conference by telephone on November 18, 2009, at 3:00 p.m. PACIFIC(San Francisco)Time. Order received in this district on 6/20/2011. (lr)
September 24, 2009 Opinion or Order Filing 30 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals #26 filed by Kaiser Foundation Hospitals, CCA # 09-56200. The court will initiate a further assessment conference by telephone on October 28, 2009, at 2:30 p.m. PACIFIC(San Francisco)Time. Order received in this district on 6/20/2011. (lr)
August 3, 2009 Filing 29 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals, #26 as to Plaintiff Kaiser Foundation Hospitals; Receipt Number: 121026 in the amount of $455. (dmap)
August 3, 2009 Filing 27 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals, #26 filed by Kaiser Foundation Hospitals. (dmap)
July 31, 2009 Filing 28 NOTIFICATION by Circuit Court of Appellate Docket Number 09-56200, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #26 as to Plaintiff Kaiser Foundation Hospitals. (dmap)
July 31, 2009 Filing 26 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Kaiser Foundation Hospitals. Appeal of Order on Motion for Summary Judgment, Order on Motion to Dismiss Case #24 , Judgment, #25 . (Filing Fee not paid.) (Keville, Jordan)
June 19, 2009 Filing 25 JUDGMENT :The Court shall and hereby grants Defendants Motion for SummaryJudgment. The Court shall and hereby denies Plaintiffs Motion for SummaryJudgment. The Court shall and hereby affirms the PRRBs decision to dismissand refuse to reinstate Plaintiffs provider administrative appeal. Plaintiff shall pay Defendants costs of defending the present action by Judge Dean D. Pregerson, (MD JS-6, Case Terminated). (lc)
June 3, 2009 Opinion or Order Filing 24 ORDER that the Court DENIES Plaintiffs motion for summary judgment #15 , DENIES Defendants motion to dismiss, and GRANTS Defendants motion for summary judgment #20 by Judge Dean D. Pregerson (lc)
April 13, 2009 Filing 23 REPLY in support of MOTION to Dismiss Case for Lack of Jurisdiction, or in Alternative for Summary Judgment #20 Defendant's Final Brief filed by Defendant Michael O. Leavitt. (Cameron-Banks, Indira)
March 30, 2009 Filing 22 REPLY in Opposition to Motion to Dismiss; in Support of Motion for Summary Judgment MOTION for Summary Judgment as to Entire Case #15 , MOTION to Dismiss Case for Lack of Jurisdiction, or in Alternative for Summary Judgment #20 filed by Plaintiff Kaiser Foundation Hospitals. (Keville, Jordan)
March 2, 2009 Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Missing the proposed statement of uncontroverted facts for judges approval and which should have been submitted as a separate attachment to main document RE: MOTION to Dismiss Case for Lack of Jurisdiction, or in Alternative for Summary Judgment #20 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc)
February 27, 2009 Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Case for Lack of Jurisdiction, or in Alternative for Summary Judgment filed by Defendant Michael O. Leavitt. (Attachments: #1 Proposed Order, #2 Proposed Order)(Cameron-Banks, Indira)
February 3, 2009 Opinion or Order Filing 19 ORDER granting defendants EX PARTE APPLICATION To Extend The Briefing Schedule Deadlines #17 : The Court continues the deadlines in this action as follows: Defendants Opening Brief and Opposition to Plaintiffs Opening Brief: February 27, 2009; Plaintiffs Opposition to Defendants Opening Brief: March 30, 2009;Defendants Final Brief:April 13, 2009 by Judge Dean D. Pregerson (lc)
January 28, 2009 Filing 18 Opposition re: EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Defendant's Exparte Request To Extend The Briefing Schedule Deadlines #17 and Declaration of Jordan B. Keville in Support Thereof filed by Plaintiff Kaiser Foundation Hospitals. (Keville, Jordan)
January 27, 2009 Filing 17 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Defendant's Exparte Request To Extend The Briefing Schedule Deadlines filed by Defendant Michael O. Leavitt. (Attachments: #1 Exhibit A, #2 Declaration Of Indira J. Cameron-Banks, #3 Proposed Order Re: Defendant's ExParte Request To Extend The Briefing Schedule Deadlines)(Cameron-Banks, Indira)
December 24, 2008 Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: proposed statement of uncontroverted facts for Judges approval missing, should have been submitted as a separate attachment to main document. RE: MOTION for Summary Judgment as to Entire Case #15 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc)
December 24, 2008 Filing 15 NOTICE OF MOTION AND MOTION for Summary Judgment as to Entire Case filed by Plaintiff Kaiser Foundation Hospitals. (Attachments: #1 Supplement Plaintiff's Opening Brief in Support, #2 Supplement Request for Judicial Notice in Support, #3 Exhibit Request for Judicial Notice, Exhibits C & D, #4 Proposed Order)(Keville, Jordan)
September 22, 2008 Filing 14 MINUTES OF Scheduling Conference held before Judge Dean D. Pregerson: Court and counsel confer re case status. For this case, the Court deems no TRIAL DATES need be set and the LOCAL RULE 16-14.4 SETTLEMENT CONFERENCE is VACATED.Court Reporter: none. (lc)
September 12, 2008 Filing 13 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Wrong event: miscellaneous document; Correct Specific Event: Joint Rule 26(f) Discovery Plan. RE: Miscellaneous Document #12 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc)
September 12, 2008 Filing 12 Joint [Proposed] Scheduling Plan filed by Plaintiff Kaiser Foundation Hospitals (Keville, Jordan)
July 15, 2008 Opinion or Order Filing 11 ORDER setting Scheduling Conference for 9/22/08 3:30 PM; compliance with FRCP 26(f) and filing of report by Judge Dean D. Pregerson (lc)
July 2, 2008 Filing 10 ANSWER to Complaint - (Discovery) #1 filed by Defendant Michael O. Leavitt. (Attachments: #1 Proof of Service)(Cameron-Banks, Indira)
July 2, 2008 Filing 9 NOTICE of Manual Filing filed by Defendant Michael O. Leavitt of Certified Administrative Record. (Cameron-Banks, Indira)
June 2, 2008 Filing 8 FIRST STIPULATION Extending Time to Answer the complaint as to filed by Defendant Michael O. Leavitt.(Cameron-Banks, Indira)
June 2, 2008 Filing 7 FIRST STIPULATION Extending Time to Answer the complaint as to Michael O. Leavitt answer now due 7/2/2008, filed by Defendant Michael O. Leavitt.(Cameron-Banks, Indira)
April 24, 2008 Filing 6 PROOF OF SERVICE Executed Michael O. Leavitt served on 4/2/2008, answer due 6/2/2008. The Summons and Complaint were served by certified mail, by Federal statute. Service accepted by E.L. Parker on behalf of Michael B. Mukasey. Original Summons not returned. (Keville, Jordan)
April 24, 2008 Filing 5 PROOF OF SERVICE ExecutedMichael O. Leavitt served on 4/2/2008, answer due 6/2/2008. The Summons and Complaint were served by certified mail, by Federal statute. Service accepted by Dept. of Health & Human Services on behalf of Michael O. Leavitt. Original Summons not returned. (Keville, Jordan)
April 24, 2008 Filing 4 PROOF OF SERVICE ExecutedMichael O. Leavitt served on 4/3/2008, answer due 6/2/2008. The Summons and Complaint were served by hand delivery, by Federal statute. Service accepted by Flabia Delarosa, U.S. Attorney's Office on behalf of Thomas P. O'Brien. Original Summons not returned. (Keville, Jordan)
April 4, 2008 Filing 3 MINUTES OF IN CHAMBERS ORDER held before Judge Dean D. Pregerson : Information to the attorney's. See attached for details. (sce)
March 31, 2008 Filing 2 CERTIFICATION of Interested Parties filed by Plaintiff Kaiser Foundation Hospitals. (ghap) Additional attachment(s) added on 4/3/2008 (hha, ).
March 31, 2008 Filing 1 COMPLAINT against Defendant Michael O. Leavitt. (Filing fee $ 350 PAID.), filed by plaintiff Kaiser Foundation Hospitals.(ghap) Additional attachment(s) added on 4/3/2008 (hha, ).
March 31, 2008 60 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Michael O. Leavitt. (ghap)
March 31, 2008 FAX number for Attorneys Jordan Brian Keville, Jonathan P Neustadter is 310-551-8181. (ghap)

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Defendant: Michael O. Leavitt
Represented By: Indira J Cameron-Banks
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Plaintiff: Kaiser Foundation Hospitals a California Nonprofit Public Benefit Corporation doing business as Kaiser Foundation Hospital-Anaheim
Represented By: Jordan Brian Keville
Represented By: Jonathan P Neustadter
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