Beatrice Orkin Gottlieb v. Conseco Senior Health Insurance Company

Plaintiff:	Beatrice Orkin Gottlieb
Defendant:	Conseco Senior Health Insurance Company and Ship Senior Health Insurance Company
Case Number:	2:2011cv02203
Filed:	March 15, 2011
Court:	US District Court for the Central District of California
Presiding Judge:	Victor B Kenton
Referring Judge:	George H King
Nature of Suit:	Insurance
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Both

Date Filed	Document Text
September 4, 2015	Filing 131 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #122 , CCA # 13-56227. The judgment of the 9th Circuit Court, entered August 12, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [ See USCA Order #130 AFFIRMED] (mat)
August 12, 2015	Filing 130 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #122 filed by Ship Senior Health Insurance Company. CCA # 13-56227. Senior Health Insurance Company of Pennsylvania (SHIP) appeals the district court's award of attorneys' fees under California Code of Civil Procedure 1021.5 to Beatrice Orkin Gottlieb. We have jurisdiction to review the district courts final order under 28 U.S.C. 1291. Reviewing the award for an abuse of discretion, Fischel v. Equitable Life Assur. Socy of U.S., 307 F.3d 997, 1005 (9thCir. 2002), we affirm. (car)
July 25, 2013	Filing 129 NOTICE of Change of Attorney Business or Contact Information: for attorney Gary M Lape counsel for Defendant Conseco Senior Health Insurance Company. Changing e-mail to Gary.Lape@lewisbrisbois.com. Filed by Defendant Senior Health Insurance Company of Pennsylvania. (Lape, Gary)
July 25, 2013	Filing 128 TRANSCRIPT ORDER re: Transcript (CV),, #120 , Transcript (CV),, #119 , Notice of Appeal to 9th Circuit Court of Appeals #122 , as to defendant Ship Senior Health Insurance Company Court Smart (CS). Court will contact Nicole Ewan at nicole.ewan@lewisbrisbois.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 5/23/2013. Other: 6/19/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Lape, Gary)
July 24, 2013	Filing 127 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Designation of Record on Appeal #126 . The following error(s) was found: SELECTED INCORRECT EVENT (DESIGNATION). Need to select: Transcripts >> Transcript Designation and Ordering form (G-120). You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY
July 24, 2013	Filing 126 DESIGNATION of Record on Appeal by Defendant Ship Senior Health Insurance Company re #122 (Lape, Gary)
July 16, 2013	Filing 125 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #122 as to Defendant Ship Senior Health Insurance Company; Receipt Number: LA074863 in the amount of $455. (dmap)
July 12, 2013	Filing 124 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56227, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #122 (car)
July 12, 2013	Filing 123 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #122 . (Lape, Gary)
July 12, 2013	Filing 122 NOTICE OF APPEAL to the 9th CCA filed by Defendant Ship Senior Health Insurance Company. Appeal of Order on Motion for Attorney Fees #118 (Appeal fee FEE NOT PAID.) (Attachments: #1 Attachment to Notice of Appeal)(Lape, Gary)
July 3, 2013	Filing 121 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/23/13 10:04am and 6/19/13 10:07am re Transcript #120 , #119 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY
July 3, 2013	Filing 120 TRANSCRIPT for proceedings held on 6/19/13 10:07am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/24/2013. Redacted Transcript Deadline set for 8/3/2013. Release of Transcript Restriction set for 10/1/2013. (ml)
July 3, 2013	Filing 119 TRANSCRIPT for proceedings held on 5/23/13 10:04am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/24/2013. Redacted Transcript Deadline set for 8/3/2013. Release of Transcript Restriction set for 10/1/2013. (ml)
July 2, 2013	Filing 118 ORDER by Magistrate Judge Victor B. Kenton: granting #106 Motion for Attorney Fees in the amount of $250,000. Defendant is Ordered to pay Plaintiff within 15 days of the date of this Order. (See Order for further details) (rh)
June 21, 2013	Filing 117 TRANSCRIPT ORDER Court Smart (CS). Transcript portion requested: Other: 5/23/13 and 6/19/13. (ml)
June 21, 2013	Filing 116 MINUTE ORDER IN CHAMBERS by Magistrate Judge Victor B. Kenton: re: Motion Hearing #115 , Motion Hearing, Set/Reset Hearing #113 . On May 23, 2013 and June 19, 2013, the Court held Motion Hearings in the above case. The Court Reporters office SHALL provide a complete transcript of the both proceedings to this Court (rh)
June 19, 2013	Filing 115 MINUTES OF Motion Hearing held before Magistrate Judge Victor B. Kenton: After affording both counsel the opportunity for argument, the Court takes the matter under submission.Court Recorder: c/s. (rh)
June 14, 2013	Filing 114 PLAINTIFF'S NOTICE OF ADDITIONAL AUTHORITY IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEYS' FEES re MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)
May 23, 2013	Filing 113 MINUTES OF Motion Hearing held before Magistrate Judge Victor B. Kenton:, ORDER by Magistrate Judge Victor B. Kenton Set hearingsMotion Hearing continued for 6/19/2013 10:00 AM before Magistrate Judge Victor B. Kenton.Court Recorder: C/S. (rh)
May 9, 2013	Filing 112 SCHEDULING NOTICE: Rescheduling Motion hearing by Magistrate Judge Victor B. Kenton re: MOTION for Attorney Fees #106 previously scheduled for 05/14/2013 10:00 a.m. has been rescheduled. Motion set for hearing on 5/23/2013 at 10:00 AM before Magistrate Judge Victor B. Kenton. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rh) TEXT ONLY ENTRY
April 30, 2013	Filing 111 REPLY in support of a motion MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration of Corinne Chandler)(Chandler, Corinne)
April 23, 2013	Filing 110 MEMORANDUM in Opposition to MOTION for Attorney Fees #106 filed by Defendant Ship Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Gary M. Lape in Support of Opposition to Motion by Plaintiff's Counsel for Fees)(Lape, Gary)
April 10, 2013	Filing 109 DECLARATION of Corinne Chandler in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A-F, #2 Exhibit G-K, #3 Exhibit L-N, #4 Exhibit O-Q)(Chandler, Corinne)
April 10, 2013	Filing 108 DECLARATION of Alan E. Kassan in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)
April 10, 2013	Filing 107 DECLARATION of Daniel Feinberg in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)
April 10, 2013	Filing 106 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 5/14/2013 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Chandler, Corinne)
March 12, 2013	Filing 105 FINAL ORDER AND JUDGMENT by Judge George H. King: After reviewing the Settlement Agreement, Plaintiff's Motion for Final Approval #100 , and the supporting Declarations, and having heard from counsel at the Preliminary Approval hearing and the Final Fairness hearing, it is hereby Ordered and adjudged as follows: The Court finds that the proposed Class satisfies the requirements of a settlement class under Rule 23(b)(2) of the FRCP. Accordingly, the Court hereby certifies the following Class solely for the purposes of entering a settlement in this matter: All persons who own SHIP policies written on policy forms identified on Exhibit A hereto. The Court hereby grants final approval of the Parties' Settlement Agreement as it meets the criteria for final settlement approval. The Settlement is approved as fair, adequate, and reasonable, appears to be the product of arm's length and informed negotiations, and treats all Settlement Class Members fairly. Pursuant to the Settlement Agreement, the Court hereby orders the following injunctive relief. Plaintiff Beatrice Orkin Gottlieb is appointed as the Class Representative. Corinne Chandler and Alan Kassan of Kantor & Kantor, LLP are appointed as Class Counsel. The Court finds that Plaintiff Beatrice Orkin Gottlieb provided valuable services to the Class, for which injunctive relief was obtained. Accordingly, the Court awards an enhancement payment of$5,000 to Plaintiff. Additionally, pursuant to the Settlement Agreement, Defendant shall pay Ms. Gottlieb the settlement sum of $182,500, as specified in the Settlement Agreement in compromise of her individual claims. Plaintiffs individual claims and Class members' class claims set forth in the Third Amended Complaint are hereby dismissed with prejudice. The Court hereby directs the Clerk of the Court to enter the Court's Order as the Final Judgment. The Court hereby orders that, without affecting the finality of the Final Judgment, it reserves continuing jurisdiction over the Parties for the purposes of implementing and enforcing the Settlement or enforcing the terms of the Judgment. Class Counsel may move for attorneys' fees and costs, consistent with the terms of the Settlement Agreement, within thirty (30) days after entry of this Order. On the record and in open court, the Parties consented to Magistrate Judge Victor B. Kenton for consideration of and decision on said motion for fees and costs (See document for further details) (MD JS-6, Case Terminated). (ir)
March 11, 2013	Filing 104 MINUTES: Plaintiffs Motion for Final Approval of Class Action Settlement (Filed02/11/13, Doc # 100): The matter is called. Counsel are present. The Court and counsel confer regarding the above-referenced matter. Having heard from counsel, the Court GRANTS the above matter #100 . The parties consent to have Magistrate Judge Kenton hear motion for fees and costs. Parties shall submit a Word or WordPerfect version of the Final Proposed Order by this afternoon IT IS SO ORDERED by Judge George H. King. (ir)
February 15, 2013	Filing 103 ORDER by Judge George H. King The document is accepted as filed. RE: Notice (Other) #101 (rne)
February 14, 2013	Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #101 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events: Other Filings, Miscellaneous Filings (Non-Motion) - Errata. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (shb)
February 13, 2013	Filing 101 NOTICE OF ERRATA filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)
February 11, 2013	Filing 100 NOTICE OF MOTION AND MOTION to Certify Class [FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT] filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 3/11/2013 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for FInal Approval of Class Action Settlement, #2 Declaration of Mathew Holling, #3 Declaration of Corinne Chandler, #4 Proposed Final Order and Judgment)(Chandler, Corinne)
December 18, 2012	Filing 99 ORDER by Judge George H. King: Ex Parte Order modifying 11/9/12 Order 1. Conditionally Certifying Settlement Class; 2. Approving Notices to Class and 3. Setting hearing for Final Approval of Settlement #98 . IT IS HEREBY ORDERED that this Court's November 9, 2012 Order is modified by striking the term "www.shipclassaction.com" in each place where such term appears in the Order and in the one-page short form notice entitled "If you own a Long Term Care Policy with Home Health Care benefits, a class action lawsuitmay affect your rights" [dkt. 97 Page ID #2298] and in the long form order with the same title [dkt. 97 Page ID #2300-2304], and replacing that term with "www.shipltcalf.com". The website to be established by SHIP on or before December 24, 2012 and referenced in the class notices shall be www.shipltcalf.com and the web page referencing the policies involved in this proceeding shall be "www.shipltcalf.com /policies" instead of "www.shipcl assaction/classactionpolicies". No other terms of this Court's November 9, 2012 Order are amended or altered. (ir)
December 12, 2012	Filing 98 First EX PARTE APPLICATION to Amend re Order, Set/Reset Deadlines/Hearings,, #97 , First EX PARTE APPLICATION to Expedite, First EX PARTE APPLICATION for Order to Amend November 9, 2012 Order filed by Defendant Ship Senior Health Insurance Company. (Attachments: #1 Proposed Order)(Lape, Gary)
November 9, 2012	Filing 97 ORDER CONDITIONALLY CERTIFYING SETTLEMENT CLASS; APPROVING NOTICES TO CLASS, SETTING HEARING FOR FINAL APPROVAL OF SETTLEMENT AND MOTION FOR ATTORNEYS' FEES by Judge George H. King: A final approval hearing will be held on March 11, 2013 at 9:30 a.m. Class Members must submit a written objection by February 11, 2013. Anny attorney who intends to represent an individual objection to the Settlement must file a notice of appearance on or before February 18, 2013. (shb)
November 5, 2012	Filing 96 MINUTES OF NOTICE OF MOTION AND MOTION to Certify Class [82,93] Motion Hearing held before Judge George H. King: Matter called. Counsel for the parties are present. Court hears from counsel. Having heard from counsel, Plaintiffs Motion for Class Certification and Preliminary Approval of Settlement is granted. Counsel shall submit revised order, along with the long and short form notice as directed by the Court within forty-eight (48) hereof. Court to issue further order as deemed appropriate.Court Reporter: Mary Riordan Rickey. (shb)
October 23, 2012	Filing 95 MINUTES: (IN CHAMBERS) ORDER: On the Court"s own motion, Plaintiff"s Motion for Class Certification and Preliminary Approval of Settlement #82 , noticed for hearing on OCTOBER 29, 2012 is hereby RESCHEDULED to NOVEMBER 5, 2012 AT 9:30 a.m.IT IS SO ORDERED by Judge George H. King. (ir)
October 22, 2012	Filing 94 NOTICE OF LODGING filed re MOTION to Certify Class #93 (Attachments: #1 Proposed Final Order and Judgment)(Chandler, Corinne)
October 22, 2012	Filing 93 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 10/29/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Of Corinne Chander, #3 Proposed Order)(Chandler, Corinne)
October 11, 2012	Filing 92 Certification of Interested Parties of Interested Parties filed by Defendant Ship Senior Health Insurance Company, identifying Senior Health Insurance Company of Pennsylvania and Beatrice Orkin Gottlieb. (Lape, Gary)
October 10, 2012	Filing 91 RESPONSE BY THE COURT TO NOTICE TOFILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS #90 by Clerk of Court Other: Document accepted, subject to the defendant filing a certification of interested parties by no later than October 11, 2012. RE: Answer to Amended Complaint #89 . (bm)
October 1, 2012	Filing 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Amended Complaint #89 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
September 28, 2012	Filing 89 ANSWER to Amended Complaint #87 filed by Defendant Conseco Senior Health Insurance Company.(Lape, Gary)
September 27, 2012	Filing 88 MINUTE ORDER IN CHAMBERS re: Motion for Preliminary Approval of Class Certification (Dkt. No. 82) by Judge George H. King: Based on the foregoing, the Parties SHALL cure the defects identified above and resubmit the Motion and its supporting documents, including the revised proposed notices, an executed Settlement Agreement, and any other forms or documents that will be made available to the Class, by October 22, 2012. The hearing is hereby CONTINUED to October 29, 2012 at 9:30 a.m. (see document for further details) (bm)
September 24, 2012	Filing 87 THIRD AMENDED COMPLAINT against defendant Ship Senior Health Insurance Company; Party Conseco Senior Health Insurance Company terminated amending Second Amended Complaint #21 , filed by plaintiff Beatrice Orkin Gottlieb. (bm)
September 22, 2012	Filing 86 ORDER GRANTING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Judge George H. King granting #78 Motion to Amend/Correct: The Court, having considered plaintiff's Motion and defendant's Stipulation thereto, and finding good cause therefor, hereby orders that plaintiff's Motion is granted. Pursuant to Local Rule 15-3, plaintiff's Third Amended Complaint is deemed served as of the date of this Order. (bm)
September 21, 2012	Filing 85 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #78 Motion to Amend/Correct; taking under advisement #82 Motion to Certify Class Action: On the court's own motion, Plaintiff's Motion for Leave to File Third Amended Complaint #78 , and Motion for Class Certification and Preliminary Approval of Settlement #82 , noticed for hearing on SEPTEMBER 24, 2012, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
August 27, 2012	Filing 84 NOTICE OF LODGING filed re MOTION to Certify Class #82 (Attachments: #1 Proposed Final Order and Judgment)(Chandler, Corinne)
August 27, 2012	Filing 83 DECLARATION of Corinne Chandler in support of MOTION to Certify Class #82 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)
August 27, 2012	Filing 82 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/24/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities for Preliminary APproval of Class Certification for Settlement Purposes, #2 Proposed Order)(Chandler, Corinne)
August 27, 2012	Filing 81 NOTICE OF LODGING filed re Stipulation to Amend/Correct #80 (Attachments: #1 Proposed Third Amended Complaint)(Chandler, Corinne)
August 27, 2012	Filing 80 STIPULATION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Beatrice Orkin Gottlieb.(Chandler, Corinne)
August 27, 2012	Filing 79 DECLARATION of Corinne Chandler in support of MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 #78 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K, #3 Exhibit L)(Chandler, Corinne)
August 27, 2012	Filing 78 NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/24/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Leave to File THird Amended Complaint, #2 Proposed Order)(Chandler, Corinne)
August 20, 2012	Filing 77 MINUTE ORDER IN CHAMBERS by Magistrate Judge Victor B. Kenton: re: Settlement Conference, #63 . A settlement conference was held on June 13, 2012. The case resulted in a binding settlement, placed on the record, contingent on approval of the District Judge. The Court has been apprised that counsel have unresolved disputes which presently are preventing them from completing settlement documents to file with the District Judge. Therefore, the Court will convene an informal status conference in chambers on Thursday, August 23, 2012 at 11:00 a.m. Trial counsel are ORDERED to appear. Any necessary representatives will be available by telephone. Counsel shall deliver to chambers a brief joint statement of any disputed issues regarding the settlement, no later than Wednesday, August 22, 2012 by 12:00 noon. (rh)
August 16, 2012	Filing 76 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is accepted as filed. RE: Attachment #1; Proposed Order for Stipulation to Continue #71 (lw)
August 16, 2012	Filing 75 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/09/12 3:05pm re Transcript #74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY
August 16, 2012	Filing 74 TRANSCRIPT for proceedings held on 8/09/12 3:05pm. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2012. Redacted Transcript Deadline set for 9/16/2012. Release of Transcript Restriction set for 11/14/2012. (ml)
August 15, 2012	Filing 73 ORDER by Judge George H. King, having considered the Stipulation #71 , hereby orders that the filing due date for the Motion for Preliminary Approval of Class Certification Pursuant to Settlement is hereby continued two weeks, or until August 27, 2012. (ir)
August 13, 2012	Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: misspelling in caption of proposed order #71 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): misspelling in caption of proposed order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
August 10, 2012	Filing 71 STIPULATION to Continue Date to File Motion for Preliminary Approval of Class Certification Pursuant to Settlement from 8/13/12 to 8/27/12 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)
August 10, 2012	Filing 69 TRANSCRIPT ORDER for date of proceedings 8/9/2012 to 8/9/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Smart (CS). Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Telephonic conference in chambers. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)
August 9, 2012	Filing 70 MINUTES OF Telephone Conference held before Magistrate Judge Victor B. Kenton:The Court held a telephone conference on August 9, 2012 at 3:00 p.m. The Court conferred with counsel regarding settlement in the caseCourt Recorder: C/S. (rh)
July 5, 2012	Filing 68 MINUTE ORDER IN CHAMBERS by Judge George H. King: On the Court's own motion, the Jury Trial set for July 10, 2012 at 8:30 a.m. is hereby TAKEN OFF CALENDAR. No appearance necessary by counsel. (bm)
June 28, 2012	Filing 67 ORDER RE: (1) CONTINUED STAY OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION TO ALTER SCHEDULING CONFERENCE AND (2) FILING DEADLINE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS CERTIFICATION PURSUANT TO SETTLEMENT by Judge George H. King, re Stipulation to Continue #64 : The Court having read the parties' Stipulation and good cause appearing therefor, hereby orders as follows: 1. The stay of plaintiff's pending Motion for Leave to File the Third Amended Complaint and Motion to Alter the Scheduling Conference Order, entered by this Court on April 17, 2012 is hereby continued to permit the parties to prepare and file their Joint Motion for Preliminary Approval of Class Certification Pursuant to Settlement. 2. The parties shall file their Joint Motion for Preliminary Approval of Class Certification Pursuant to Settlement by August 13, 2012. (bm)
June 25, 2012	Filing 66 NOTICE OF FILING TRANSCRIPT filed for proceedings 6-13-12 4:11 p.m. re Transcript #65 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY
June 25, 2012	Filing 65 TRANSCRIPT for proceedings held on 6-13-12 4:11 p.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/17/2012. Redacted Transcript Deadline set for 7/27/2012. Release of Transcript Restriction set for 9/24/2012. (ha)
June 25, 2012	Filing 64 STIPULATION to Continue Stay of Pending Motions and Notification to Court of Tentative Class Settlement from April 17, 2012 to August 13, 2012 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)
June 15, 2012	Filing 62 TRANSCRIPT ORDER for date of proceedings 6/13/2012 to 6/13/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Smart (CS). Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Settlement Conference - 6/13/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)
June 15, 2012	Filing 61 TRANSCRIPT ORDER for date of proceedings 6/13/2012 to 6/13/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Reporter Margaret Babykin. Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Settlement Conference - 6/13/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)
June 15, 2012	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (AO-435) #61 . The following error(s) was found: The proceeding you are requesting, 06/13/2012 is a digitally recorded proceeding and not a Court Reporter. Please select CourtSmart when electronically filing your request. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dc) TEXT ONLY ENTRY
June 13, 2012	Filing 63 MINUTES OF Settlement Conference held before Magistrate Judge Victor B. Kenton:The Court met with counsel and the parties in a settlement conference from 10:00 a.m. to 4:30 p.m. The matter resulted in a settlement contingent on approval by the District Judge. Counsel will request appropriate briefing and hearing dates from the District JudgeCourt Recorder: C/S. (rh)
May 2, 2012	Filing 60 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #57 by Clerk of Court that the document is accepted as filed. Other: Record shall reflect the correct docket entry of the attached document. RE: Notice of Withdrawal of 3/26/12 Settlement Offer #56 . (bm)
April 25, 2012	Filing 59 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Victor B. Kenton, PLEASE READ THIS ORDER CAREFULLY! The case has been referred to Magistrate Judge Victor B. Kenton for settlement proceedings. A Settlement Conference will be held on Wednesday, June 13, 2012, at 10:00 a.m. in Courtroom 590 of the Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, California 90012. The parties should be prepared to be available as long as the Court requires. Settlement Conference briefs must be timely delivered to the Judges Chambers (not filed) pursuant to paragraphs 11 and 12 of this Order. If the briefs are untimely delivered, the Settlement Conference will be vacated. (SEE ORDER FOR FURTHER DETAILS) (lmh)
April 23, 2012	Filing 58 STATUS REPORT [JOINT STATUS REPORT RE SETTLEMENT CONFERENCE] filed by Plaintiff Beatrice Orkin Gottlieb. (Kassan, Alan)
April 20, 2012	Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal of 3/26/12 Settlement Offer #56 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Notices-Notice (Other). Other error(s) with document(s): docket entry text does not match caption of attached document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
April 19, 2012	Filing 56 Notice of Withdrawal of 3/26/12 Settlement Offer filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary) Modified on 5/2/2012 (bm).
April 17, 2012	Filing 55 MINUTE ORDER IN CHAMBERS re (1) Motion for Leave to File Third Amended Complaint; (2) Motion to Modify Scheduling Order #40 , #42 ; by Judge George H. King: We have reviewed Plaintiff Beatrice Orkin Gottlieb's ("Plaintiff") Motion for Leave to File Third Amended Complaint, and Motion to Modify Scheduling Order ("Motions"). After reviewing these Motions, and Defendant Conseco Senior Health Insurance Company doing business as Senior Health Insurance Company of Pennsylvanias ("Defendant") Oppositions, we are of the view that a mutually agreed-upon resolution is in the interest of all Parties and a settlement can and should be achieved here before the Court rules on the pending Motions. Thus, in order to ensure that the Parties have fully exhausted all good faith, reasonable settlement discussions, we hereby ORDER the Parties to participate in a settlement conference before Judge Victor Kenton. The Parties SHALL contact Judge Kentons clerk forthwith to select the earliest available date for a settlement conference. Counsel shall file a joint status report within five (5) days hereof notifying the Court of the date selected. If the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the Court within 48 hours of termination of settlement discussions. If we determine at that time that the Parties have complied with this Order, then and only then will we consider the pending Motions. Action on the pending Motions is hereby STAYED pending the Parties' settlement discussions. (bm)
April 12, 2012	Filing 54 MINUTE ORDER IN CHAMBERS ORDER re: EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment or in the Alternative, an Order Stating that Said Offer is Null and Void #46 by Judge George H. King: Accordingly, Defendant is hereby ORDERED TO SHOW CAUSE, within twelve (12) days hereof, why we should not declare Defendant's Offer to be void and unenforceable. See Wang v. Chinese Daily News, Inc., 2006 WL 1635423 (C.D. Cal. May 9, 2006) (declaring Rule 68 offers to be void and unenforceable where they "create[d] an unresolvable conflict between class representatives' fiduciary duty to the class and their own person interest[s]"). Defendant may discharge this Order by providing relevant legal authorities supporting its position or by withdrawing its March 26, 2012 Offer. (see document for further details) (bm)
April 12, 2012	Filing 53 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #40 Motion for Leave to File Third Amended Complaint; taking under submission #42 Motion to Modify Scheduling Order: On the court's own motion, Plaintiff's Motion for Leave to File Third Amended Complaint #40 , and Motion to Modify Scheduling Order #42 , noticed for hearing on April 16, 2012, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)
April 4, 2012	Filing 52 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #47 by Clerk of Court that the document is accepted as filed. RE: Attachment #1; Proposed Order #46 . (bm)
April 4, 2012	Filing 51 NOTICE OF LODGING filed re EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment #46 (Attachments: #1 Offer of Settlement)(Kassan, Alan)
April 2, 2012	Filing 50 REPLY in support of MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 #42 filed by Plaintiff Beatrice Orkin Gottlieb. (Kassan, Alan)
April 2, 2012	Filing 49 REPLY in support of MOTION for Leave to file Third Amended Complaint #40 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration of Corinne Chandler)(Chandler, Corinne)
March 29, 2012	Filing 48 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment #46 filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)
March 29, 2012	Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #3: Proposed Order #46 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): There should be at least 2 lines of text to allow for the judge's signature pursuant to Local Rule 58.10. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
March 28, 2012	Filing 46 EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)
March 26, 2012	Filing 45 MEMORANDUM in Opposition to MOTION for Leave to file Third Amended Complaint #40 filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)
March 26, 2012	Filing 44 MEMORANDUM in Opposition to Motion by Plaintiff to Modify Scheduling Order filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)
March 19, 2012	Filing 43 NOTICE OF LODGING filed re MOTION for Leave to file Third Amended Complaint #40 (Attachments: #1 Proposed Third Amended Complaint)(Chandler, Corinne)
March 19, 2012	Filing 42 NOTICE OF MOTION AND MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 4/16/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)
March 19, 2012	Filing 41 DECLARATION of Corinne Chandler In Support of MOTION for Leave to file Third Amended Complaint #40 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A to K)(Chandler, Corinne)
March 19, 2012	Filing 40 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 4/16/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Chandler, Corinne)
February 3, 2012	Filing 39 MINUTES (IN CHAMBERS) ORDER re: Motion for Class Certification and Settlement Approval #36 by Judge George H. King denying #36 Motion to Certify Class Action: In light of the above-identified deficiencies, we decline to grant certification of the Settlement Class or approval of the proposed Settlement at this time. Accordingly, the Motion is DENIED without prejudice. The Parties may file a new motion that fully addresses our concerns herein within forty-five (45) days hereof. Any renewed motion shall be a motion for preliminary approval of settlement and shall include a proposed notice plan and proposed notice forms for our review. We view with disfavor this needless consumption of our scarce resources and caution Counsel to do better in any renewed motion. (see document for further details) (bm)
January 12, 2012	Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #37 by Clerk of Court that the document is accepted as filed. Other: Record shall reflect the correct text of the document attached. RE: Defendant's Memo of P&A's in Support of Motion #35 . (bm)
January 10, 2012	Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant's Memo of P&A's in support of Motion #35 . The following error(s) was found: Incorrect document is attached to the docket entry. Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Memorandum in Support of Motion. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)
January 9, 2012	Filing 36 NOTICE OF MOTION AND MOTION to Certify Class For Purposes of Settlement filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 2/6/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order and Judgment)(Chandler, Corinne)
January 9, 2012	Filing 35 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES In Support Of Motion To Certify Class For The Purpose Of Settlement And Approval Of Settlement filed by Defendant Conseco Senior Health Insurance Company. Motion set for hearing on 2/6/2012 at 09:30 AM before Judge George H. King. (Lape, Gary) Modified on 1/12/2012 (bm).
November 8, 2011	Filing 34 ORDER by Judge George H. King, re Stipulation to Vacate #32 , ( NOTE: CHANGES MADE BY THE COURT.) IT IS ORDERED: 1. The hearing on plaintiff's Motion for class Certification, currently scheduled for December 5, 2011 is hereby vacated. 2. The parties SHALL FILE AN APPROPRIATE MOTION FOR APPROVAL OF CLASS CERTIFICATION FOR PURPOSES OF SETTLEMENT AND FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT BY NOT LATER THAN JAN. 9, 2012 AND NOTICE IT FOR HEARING THEREAFTER REGULARLY UNDER THE LOCAL RULES. The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled (lw)
November 1, 2011	Filing 33 MINUTE:(IN CHAMBERS) ORDER: PARTIES ARE HEREBY NOTIFIED that on October 26, 2011, the above-captioned case has been reassigned to the calendar of the Hon. George H. King, U.S. District Judge, for all further proceedings. On all documents subsequently filed in this case, please substitute the initials GHK after the case number in place of the initials of the prior judge, so that the case number will read CV 11-2203 GHK (VBKx). This is very important because documents are routed to the assigned judges by means of the initials.Parties are further notified that Judge King is located in the Roybal Federal Building, 255 E. Temple Street, Los Angeles, CA 90012, and his Courtroom Deputy Clerk, Beatrice Herrera, can be reached at (213) 894-6907. Plaintiffs Motion for Class Certification #25 noticed for hearing on December 5, 2011, is reset for 9:30a.m., instead of 1:30 p.m. IT IS SO ORDERED by Judge George H. King. (ir)
November 1, 2011	Filing 32 STIPULATION to Vacate Stipulation to Vacate Hearing on Motion for Class Certification and Request for Status Conference filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Kassan, Alan)
October 26, 2011	Filing 31 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge George H. King for all further proceedings. Case number will now read CV 11-02203 GKH(VBKx). (rn)
October 17, 2011	Filing 30 DECLARATION of Gary M. Lape In Support of Defendant SHIP's Opposition to Plaintiff Gottlieb's Motion for Class Certification MOTION to Certify Class #25 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Exhibit Lape Declaration Exhibit A, #2 Exhibit Lape Declaration Exhibit B, #3 Exhibit Lape Declaration Exhibit C, #4 Exhibit Lape Declaration Exhibit D, #5 Exhibit Lape Declaration Exhibit E, #6 Exhibit Lape Declaration Exhibit F, #7 Exhibit Lape Declaration Exhibit G, #8 Exhibit Lape Declaration Exhibit H, #9 Exhibit Lape Declaration Exhibit I)(Lape, Gary)
October 17, 2011	Filing 29 DECLARATION of Jenny Goodyear In Support of SHIP's Opposition to Plaintiff's Motion for Class Certification MOTION to Certify Class #25 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Exhibit Exhibit A to Goodyear Declaration, #2 Exhibit Exhibit B to Goodyear Declaration, #3 Exhibit Exhibit C to Goodyear Declaration, #4 Exhibit Exhibit D to Goodyear Declaration, #5 Exhibit Exhibit E to Goodyear Declaration)(Lape, Gary)
October 17, 2011	Filing 28 OPPOSITION filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Suzanne Morris in Support of Defendant SHIP's Opposition to Class Certification Motion)(Lape, Gary)
September 26, 2011	Filing 27 APPENDIX filed by Plaintiff Beatrice Orkin Gottlieb. Re: MOTION to Certify Class #25 (Chandler, Corinne)
September 26, 2011	Filing 26 DECLARATION of Corinne Chandler in support of MOTION to Certify Class #25 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A through H-1, #2 Exhibit I through N, #3 Exhibit O through T)(Chandler, Corinne)
September 26, 2011	Filing 25 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alan E. Kassan, #3 Declaration of Beatrice Orkin Gottlieb, #4 Declaration of Glenn R. Kantor, #5 Declaration of Gary Orkin, #6 Proposed Order)(Chandler, Corinne)
September 23, 2011	Filing 24 ANSWER to second amended complaint filed by defendant Conseco Senior Health Insurance Company.(Lape, Gary)
September 20, 2011	Filing 23 ORDER by Judge Percy Anderson DENYING Stipulation to Exceed Page Limit in briefs filed in connection with plaintiff's Class Certification Motion #22 (se)
September 16, 2011	Filing 22 STIPULATION to Exceed Page Limitation as to Motion for Class Certification filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)
September 2, 2011	Filing 21 SECOND AMENDED COMPLAINT against defendant Conseco Senior Health Insurance Company amending First Amended Complaint #7 with JURY DEMAND, filed by plaintiff Beatrice Orkin Gottlieb. (jp)
September 2, 2011	Filing 20 MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: granting #16 Motion for Leave to File Second Amended Complaint. Plaintiffs Second Amended Complaint is deemed served by the entry of this order, and Defendant shall have 21 days from the entry of this order to answer the Second Amended Complaint. (se)
August 29, 2011	Filing 19 REPLY in support of a motion MOTION for Leave to File Second Amended Complaint #16 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration [Supplemental Declaration of Corinne Chandler in Support of Motion to Amend])(Chandler, Corinne)
August 22, 2011	Filing 18 Opposition Opposition re: MOTION for Leave to File Second Amended Complaint #16 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Gary M. Lape)(Lape, Gary)
August 15, 2011	Filing 17 NOTICE OF LODGING filed re MOTION for Leave to File Second Amended Complaint #16 (Attachments: #1 Proposed Second Amended Complaint)(Chandler, Corinne)
August 15, 2011	Filing 16 NOTICE OF MOTION AND MOTION for Leave to File Second Amended Complaint filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/12/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Notice of Motion, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)
July 18, 2011	Filing 15 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Valerie Baker Fairbank. Discovery cut-off IS 2/17/2012. Last date to conduct settlement conference is 11/22/2011. Final Pretrial Conference set for 6/18/2012 at 2:30 PM. Jury Trial set for 7/10/2012 at 8:30 AM. (kbr)
July 18, 2011	Filing 14 MINUTES OF Scheduling Conference held before Judge Valerie Baker Fairbank. off for filing a Motion for Class Certification further is denied. Bifucation of discovery is denied without prejudice. The parties select ADR Settlement Procedure No. 3. Court Reporter: Rosalyn Adams. (kbr)
June 10, 2011	Filing 13 NOTICE OF CLERICAL ERROR: Due to clerical error, the incorrect document was attached to docket entry 12. The correct document is now on the docket and is attached to this entry. (kbr)
June 9, 2011	Filing 11 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank. The Scheduling Conference, currently on calendar for June 13, 2011, at 8:30 a.m., is hereby CONTINUED to July 18, 2011 at 8:30 a.m. (kbr)
June 6, 2011	Filing 12 ORDER EXTENDING TIME TO FILE CLASS CERTIFICATION MOTION by Judge Valerie Baker Fairbank, re Stipulation for Extension of Time to File #8 . (kbr) (Main Document 12 replaced on 6/10/2011) (kbr). Modified on 6/10/2011 (kbr).
May 26, 2011	Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Beatrice Orkin Gottlieb.. (Chandler, Corinne)
May 20, 2011	Filing 9 ANSWERJURY DEMAND. Answer of Defendant Senior Health Insurance Company of Pennsylvania to First Amended Complaint for Damages; Demand for Jury Trial filed by defendant Conseco Senior Health Insurance Company.(Lape, Gary)
May 19, 2011	Filing 8 STIPULATION for Extension of Time to File Class Certification Motion filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)
May 5, 2011	Filing 7 FIRST AMENDED COMPLAINT against defendant Conseco Senior Health Insurance Company amending Complaint - (Discovery) #1 with JURY DEMAND, filed by plaintiff Beatrice Orkin Gottlieb. (jp) (jp).
April 13, 2011	Filing 6 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: Counsel are hereby notified that a Scheduling Conference has been set for 6/13/2011 at 8:30 AM before Judge Valerie Baker Fairbank. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before 5/31/2011. (jp)
April 13, 2011	Filing 5 FIRST STIPULATION Extending Time to Answer the complaint as to Conseco Senior Health Insurance Company answer now due 5/13/2011, filed by Defendant Conseco Senior Health Insurance Company.(Devling, Madonna)
April 12, 2011	Filing 4 PROOF OF SERVICE Executed by Plaintiff Beatrice Orkin Gottlieb, upon Defendant Conseco Senior Health Insurance Company served on 3/24/2011, answer due 4/14/2011. Service of the Summons and Complaint were executed upon Kelly Busch, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Chandler, Corinne)
March 16, 2011	Filing 3 STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp)
March 15, 2011	Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Beatrice Orkin Gottlieb. (jp) (mg).
March 15, 2011	Filing 1 COMPLAINT against defendant Conseco Senior Health Insurance Company. Case assigned to Judge Valerie Baker Fairbank for all further proceedings. Discovery referred to Magistrate Judge Victor B Kenton. (Filing fee $ 350 PAID.) Jury Demanded, filed by plaintiff Beatrice Orkin Gottlieb. (jp) (mg).
March 15, 2011	21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Conseco Senior Health Insurance Company. (jp)

September 4, 2015

Filing 131 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #122 , CCA # 13-56227. The judgment of the 9th Circuit Court, entered August 12, 2015, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [ See USCA Order #130 AFFIRMED] (mat)

August 12, 2015

Filing 130 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #122 filed by Ship Senior Health Insurance Company. CCA # 13-56227. Senior Health Insurance Company of Pennsylvania (SHIP) appeals the district court's award of attorneys' fees under California Code of Civil Procedure 1021.5 to Beatrice Orkin Gottlieb. We have jurisdiction to review the district courts final order under 28 U.S.C. 1291. Reviewing the award for an abuse of discretion, Fischel v. Equitable Life Assur. Socy of U.S., 307 F.3d 997, 1005 (9thCir. 2002), we affirm. (car)

July 25, 2013

Filing 129 NOTICE of Change of Attorney Business or Contact Information: for attorney Gary M Lape counsel for Defendant Conseco Senior Health Insurance Company. Changing e-mail to Gary.Lape@lewisbrisbois.com. Filed by Defendant Senior Health Insurance Company of Pennsylvania. (Lape, Gary)

July 25, 2013

Filing 128 TRANSCRIPT ORDER re: Transcript (CV),, #120 , Transcript (CV),, #119 , Notice of Appeal to 9th Circuit Court of Appeals #122 , as to defendant Ship Senior Health Insurance Company Court Smart (CS). Court will contact Nicole Ewan at nicole.ewan@lewisbrisbois.com with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 5/23/2013. Other: 6/19/2013. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Lape, Gary)

July 24, 2013

Filing 127 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Designation of Record on Appeal #126 . The following error(s) was found: SELECTED INCORRECT EVENT (DESIGNATION). Need to select: Transcripts >> Transcript Designation and Ordering form (G-120). You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY

July 24, 2013

Filing 126 DESIGNATION of Record on Appeal by Defendant Ship Senior Health Insurance Company re #122 (Lape, Gary)

July 16, 2013

Filing 125 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals #122 as to Defendant Ship Senior Health Insurance Company; Receipt Number: LA074863 in the amount of $455. (dmap)

July 12, 2013

Filing 124 NOTIFICATION by Circuit Court of Appellate Docket Number 13-56227, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals #122 (car)

July 12, 2013

Filing 123 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #122 . (Lape, Gary)

July 12, 2013

Filing 122 NOTICE OF APPEAL to the 9th CCA filed by Defendant Ship Senior Health Insurance Company. Appeal of Order on Motion for Attorney Fees #118 (Appeal fee FEE NOT PAID.) (Attachments: #1 Attachment to Notice of Appeal)(Lape, Gary)

July 3, 2013

Filing 121 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/23/13 10:04am and 6/19/13 10:07am re Transcript #120 , #119 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY

July 3, 2013

Filing 120 TRANSCRIPT for proceedings held on 6/19/13 10:07am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/24/2013. Redacted Transcript Deadline set for 8/3/2013. Release of Transcript Restriction set for 10/1/2013. (ml)

July 3, 2013

Filing 119 TRANSCRIPT for proceedings held on 5/23/13 10:04am. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/24/2013. Redacted Transcript Deadline set for 8/3/2013. Release of Transcript Restriction set for 10/1/2013. (ml)

July 2, 2013

Filing 118 ORDER by Magistrate Judge Victor B. Kenton: granting #106 Motion for Attorney Fees in the amount of $250,000. Defendant is Ordered to pay Plaintiff within 15 days of the date of this Order. (See Order for further details) (rh)

June 21, 2013

Filing 117 TRANSCRIPT ORDER Court Smart (CS). Transcript portion requested: Other: 5/23/13 and 6/19/13. (ml)

June 21, 2013

Filing 116 MINUTE ORDER IN CHAMBERS by Magistrate Judge Victor B. Kenton: re: Motion Hearing #115 , Motion Hearing, Set/Reset Hearing #113 . On May 23, 2013 and June 19, 2013, the Court held Motion Hearings in the above case. The Court Reporters office SHALL provide a complete transcript of the both proceedings to this Court (rh)

June 19, 2013

Filing 115 MINUTES OF Motion Hearing held before Magistrate Judge Victor B. Kenton: After affording both counsel the opportunity for argument, the Court takes the matter under submission.Court Recorder: c/s. (rh)

June 14, 2013

Filing 114 PLAINTIFF'S NOTICE OF ADDITIONAL AUTHORITY IN SUPPORT OF MOTION FOR AN AWARD OF ATTORNEYS' FEES re MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)

May 23, 2013

Filing 113 MINUTES OF Motion Hearing held before Magistrate Judge Victor B. Kenton:, ORDER by Magistrate Judge Victor B. Kenton Set hearingsMotion Hearing continued for 6/19/2013 10:00 AM before Magistrate Judge Victor B. Kenton.Court Recorder: C/S. (rh)

May 9, 2013

Filing 112 SCHEDULING NOTICE: Rescheduling Motion hearing by Magistrate Judge Victor B. Kenton re: MOTION for Attorney Fees #106 previously scheduled for 05/14/2013 10:00 a.m. has been rescheduled. Motion set for hearing on 5/23/2013 at 10:00 AM before Magistrate Judge Victor B. Kenton. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(rh) TEXT ONLY ENTRY

April 30, 2013

Filing 111 REPLY in support of a motion MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration of Corinne Chandler)(Chandler, Corinne)

April 23, 2013

Filing 110 MEMORANDUM in Opposition to MOTION for Attorney Fees #106 filed by Defendant Ship Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Gary M. Lape in Support of Opposition to Motion by Plaintiff's Counsel for Fees)(Lape, Gary)

April 10, 2013

Filing 109 DECLARATION of Corinne Chandler in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A-F, #2 Exhibit G-K, #3 Exhibit L-N, #4 Exhibit O-Q)(Chandler, Corinne)

April 10, 2013

Filing 108 DECLARATION of Alan E. Kassan in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)

April 10, 2013

Filing 107 DECLARATION of Daniel Feinberg in support of MOTION for Attorney Fees #106 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)

April 10, 2013

Filing 106 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 5/14/2013 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Chandler, Corinne)

March 12, 2013

Filing 105 FINAL ORDER AND JUDGMENT by Judge George H. King: After reviewing the Settlement Agreement, Plaintiff's Motion for Final Approval #100 , and the supporting Declarations, and having heard from counsel at the Preliminary Approval hearing and the Final Fairness hearing, it is hereby Ordered and adjudged as follows: The Court finds that the proposed Class satisfies the requirements of a settlement class under Rule 23(b)(2) of the FRCP. Accordingly, the Court hereby certifies the following Class solely for the purposes of entering a settlement in this matter: All persons who own SHIP policies written on policy forms identified on Exhibit A hereto. The Court hereby grants final approval of the Parties' Settlement Agreement as it meets the criteria for final settlement approval. The Settlement is approved as fair, adequate, and reasonable, appears to be the product of arm's length and informed negotiations, and treats all Settlement Class Members fairly. Pursuant to the Settlement Agreement, the Court hereby orders the following injunctive relief. Plaintiff Beatrice Orkin Gottlieb is appointed as the Class Representative. Corinne Chandler and Alan Kassan of Kantor & Kantor, LLP are appointed as Class Counsel. The Court finds that Plaintiff Beatrice Orkin Gottlieb provided valuable services to the Class, for which injunctive relief was obtained. Accordingly, the Court awards an enhancement payment of$5,000 to Plaintiff. Additionally, pursuant to the Settlement Agreement, Defendant shall pay Ms. Gottlieb the settlement sum of $182,500, as specified in the Settlement Agreement in compromise of her individual claims. Plaintiffs individual claims and Class members' class claims set forth in the Third Amended Complaint are hereby dismissed with prejudice. The Court hereby directs the Clerk of the Court to enter the Court's Order as the Final Judgment. The Court hereby orders that, without affecting the finality of the Final Judgment, it reserves continuing jurisdiction over the Parties for the purposes of implementing and enforcing the Settlement or enforcing the terms of the Judgment. Class Counsel may move for attorneys' fees and costs, consistent with the terms of the Settlement Agreement, within thirty (30) days after entry of this Order. On the record and in open court, the Parties consented to Magistrate Judge Victor B. Kenton for consideration of and decision on said motion for fees and costs (See document for further details) (MD JS-6, Case Terminated). (ir)

March 11, 2013

Filing 104 MINUTES: Plaintiffs Motion for Final Approval of Class Action Settlement (Filed02/11/13, Doc # 100): The matter is called. Counsel are present. The Court and counsel confer regarding the above-referenced matter. Having heard from counsel, the Court GRANTS the above matter #100 . The parties consent to have Magistrate Judge Kenton hear motion for fees and costs. Parties shall submit a Word or WordPerfect version of the Final Proposed Order by this afternoon IT IS SO ORDERED by Judge George H. King. (ir)

February 15, 2013

Filing 103 ORDER by Judge George H. King The document is accepted as filed. RE: Notice (Other) #101 (rne)

February 14, 2013

Filing 102 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #101 . The following error(s) was found: Incorrect event selected. The correct event is: Civil Events: Other Filings, Miscellaneous Filings (Non-Motion) - Errata. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (shb)

February 13, 2013

Filing 101 NOTICE OF ERRATA filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)

February 11, 2013

Filing 100 NOTICE OF MOTION AND MOTION to Certify Class [FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT] filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 3/11/2013 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for FInal Approval of Class Action Settlement, #2 Declaration of Mathew Holling, #3 Declaration of Corinne Chandler, #4 Proposed Final Order and Judgment)(Chandler, Corinne)

December 18, 2012

Filing 99 ORDER by Judge George H. King: Ex Parte Order modifying 11/9/12 Order 1. Conditionally Certifying Settlement Class; 2. Approving Notices to Class and 3. Setting hearing for Final Approval of Settlement #98 . IT IS HEREBY ORDERED that this Court's November 9, 2012 Order is modified by striking the term "www.shipclassaction.com" in each place where such term appears in the Order and in the one-page short form notice entitled "If you own a Long Term Care Policy with Home Health Care benefits, a class action lawsuitmay affect your rights" [dkt. 97 Page ID #2298] and in the long form order with the same title [dkt. 97 Page ID #2300-2304], and replacing that term with "www.shipltcalf.com". The website to be established by SHIP on or before December 24, 2012 and referenced in the class notices shall be www.shipltcalf.com and the web page referencing the policies involved in this proceeding shall be "www.shipltcalf.com /policies" instead of "www.shipcl assaction/classactionpolicies". No other terms of this Court's November 9, 2012 Order are amended or altered. (ir)

December 12, 2012

Filing 98 First EX PARTE APPLICATION to Amend re Order, Set/Reset Deadlines/Hearings,, #97 , First EX PARTE APPLICATION to Expedite, First EX PARTE APPLICATION for Order to Amend November 9, 2012 Order filed by Defendant Ship Senior Health Insurance Company. (Attachments: #1 Proposed Order)(Lape, Gary)

November 9, 2012

Filing 97 ORDER CONDITIONALLY CERTIFYING SETTLEMENT CLASS; APPROVING NOTICES TO CLASS, SETTING HEARING FOR FINAL APPROVAL OF SETTLEMENT AND MOTION FOR ATTORNEYS' FEES by Judge George H. King: A final approval hearing will be held on March 11, 2013 at 9:30 a.m. Class Members must submit a written objection by February 11, 2013. Anny attorney who intends to represent an individual objection to the Settlement must file a notice of appearance on or before February 18, 2013. (shb)

November 5, 2012

Filing 96 MINUTES OF NOTICE OF MOTION AND MOTION to Certify Class [82,93] Motion Hearing held before Judge George H. King: Matter called. Counsel for the parties are present. Court hears from counsel. Having heard from counsel, Plaintiffs Motion for Class Certification and Preliminary Approval of Settlement is granted. Counsel shall submit revised order, along with the long and short form notice as directed by the Court within forty-eight (48) hereof. Court to issue further order as deemed appropriate.Court Reporter: Mary Riordan Rickey. (shb)

October 23, 2012

Filing 95 MINUTES: (IN CHAMBERS) ORDER: On the Court"s own motion, Plaintiff"s Motion for Class Certification and Preliminary Approval of Settlement #82 , noticed for hearing on OCTOBER 29, 2012 is hereby RESCHEDULED to NOVEMBER 5, 2012 AT 9:30 a.m.IT IS SO ORDERED by Judge George H. King. (ir)

October 22, 2012

Filing 94 NOTICE OF LODGING filed re MOTION to Certify Class #93 (Attachments: #1 Proposed Final Order and Judgment)(Chandler, Corinne)

October 22, 2012

Filing 93 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 10/29/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration Of Corinne Chander, #3 Proposed Order)(Chandler, Corinne)

October 11, 2012

Filing 92 Certification of Interested Parties of Interested Parties filed by Defendant Ship Senior Health Insurance Company, identifying Senior Health Insurance Company of Pennsylvania and Beatrice Orkin Gottlieb. (Lape, Gary)

October 10, 2012

Filing 91 RESPONSE BY THE COURT TO NOTICE TOFILER OF DEFICIENCIES INELECTRONICALLY FILED DOCUMENTS #90 by Clerk of Court Other: Document accepted, subject to the defendant filing a certification of interested parties by no later than October 11, 2012. RE: Answer to Amended Complaint #89 . (bm)

October 1, 2012

Filing 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Amended Complaint #89 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)

September 28, 2012

Filing 89 ANSWER to Amended Complaint #87 filed by Defendant Conseco Senior Health Insurance Company.(Lape, Gary)

September 27, 2012

Filing 88 MINUTE ORDER IN CHAMBERS re: Motion for Preliminary Approval of Class Certification (Dkt. No. 82) by Judge George H. King: Based on the foregoing, the Parties SHALL cure the defects identified above and resubmit the Motion and its supporting documents, including the revised proposed notices, an executed Settlement Agreement, and any other forms or documents that will be made available to the Class, by October 22, 2012. The hearing is hereby CONTINUED to October 29, 2012 at 9:30 a.m. (see document for further details) (bm)

September 24, 2012

Filing 87 THIRD AMENDED COMPLAINT against defendant Ship Senior Health Insurance Company; Party Conseco Senior Health Insurance Company terminated amending Second Amended Complaint #21 , filed by plaintiff Beatrice Orkin Gottlieb. (bm)

September 22, 2012

Filing 86 ORDER GRANTING MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT by Judge George H. King granting #78 Motion to Amend/Correct: The Court, having considered plaintiff's Motion and defendant's Stipulation thereto, and finding good cause therefor, hereby orders that plaintiff's Motion is granted. Pursuant to Local Rule 15-3, plaintiff's Third Amended Complaint is deemed served as of the date of this Order. (bm)

September 21, 2012

Filing 85 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #78 Motion to Amend/Correct; taking under advisement #82 Motion to Certify Class Action: On the court's own motion, Plaintiff's Motion for Leave to File Third Amended Complaint #78 , and Motion for Class Certification and Preliminary Approval of Settlement #82 , noticed for hearing on SEPTEMBER 24, 2012, are TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)

August 27, 2012

Filing 84 NOTICE OF LODGING filed re MOTION to Certify Class #82 (Attachments: #1 Proposed Final Order and Judgment)(Chandler, Corinne)

August 27, 2012

Filing 83 DECLARATION of Corinne Chandler in support of MOTION to Certify Class #82 filed by Plaintiff Beatrice Orkin Gottlieb. (Chandler, Corinne)

August 27, 2012

Filing 82 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/24/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities for Preliminary APproval of Class Certification for Settlement Purposes, #2 Proposed Order)(Chandler, Corinne)

August 27, 2012

Filing 81 NOTICE OF LODGING filed re Stipulation to Amend/Correct #80 (Attachments: #1 Proposed Third Amended Complaint)(Chandler, Corinne)

August 27, 2012

Filing 80 STIPULATION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Beatrice Orkin Gottlieb.(Chandler, Corinne)

August 27, 2012

Filing 79 DECLARATION of Corinne Chandler in support of MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 #78 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A-E, #2 Exhibit F-K, #3 Exhibit L)(Chandler, Corinne)

August 27, 2012

Filing 78 NOTICE OF MOTION AND MOTION to Amend Complaint - (Discovery), Complaint - (Discovery) #1 filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/24/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Leave to File THird Amended Complaint, #2 Proposed Order)(Chandler, Corinne)

August 20, 2012

Filing 77 MINUTE ORDER IN CHAMBERS by Magistrate Judge Victor B. Kenton: re: Settlement Conference, #63 . A settlement conference was held on June 13, 2012. The case resulted in a binding settlement, placed on the record, contingent on approval of the District Judge. The Court has been apprised that counsel have unresolved disputes which presently are preventing them from completing settlement documents to file with the District Judge. Therefore, the Court will convene an informal status conference in chambers on Thursday, August 23, 2012 at 11:00 a.m. Trial counsel are ORDERED to appear. Any necessary representatives will be available by telephone. Counsel shall deliver to chambers a brief joint statement of any disputed issues regarding the settlement, no later than Wednesday, August 22, 2012 by 12:00 noon. (rh)

August 16, 2012

Filing 76 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS - ORDER by Clerk of Court: The document is accepted as filed. RE: Attachment #1; Proposed Order for Stipulation to Continue #71 (lw)

August 16, 2012

Filing 75 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/09/12 3:05pm re Transcript #74 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ml) TEXT ONLY ENTRY

August 16, 2012

Filing 74 TRANSCRIPT for proceedings held on 8/09/12 3:05pm. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361)949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/6/2012. Redacted Transcript Deadline set for 9/16/2012. Release of Transcript Restriction set for 11/14/2012. (ml)

August 15, 2012

Filing 73 ORDER by Judge George H. King, having considered the Stipulation #71 , hereby orders that the filing due date for the Motion for Preliminary Approval of Class Certification Pursuant to Settlement is hereby continued two weeks, or until August 27, 2012. (ir)

August 13, 2012

Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: misspelling in caption of proposed order #71 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): misspelling in caption of proposed order. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)

August 10, 2012

Filing 71 STIPULATION to Continue Date to File Motion for Preliminary Approval of Class Certification Pursuant to Settlement from 8/13/12 to 8/27/12 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)

August 10, 2012

Filing 69 TRANSCRIPT ORDER for date of proceedings 8/9/2012 to 8/9/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Smart (CS). Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Telephonic conference in chambers. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)

August 9, 2012

Filing 70 MINUTES OF Telephone Conference held before Magistrate Judge Victor B. Kenton:The Court held a telephone conference on August 9, 2012 at 3:00 p.m. The Court conferred with counsel regarding settlement in the caseCourt Recorder: C/S. (rh)

July 5, 2012

Filing 68 MINUTE ORDER IN CHAMBERS by Judge George H. King: On the Court's own motion, the Jury Trial set for July 10, 2012 at 8:30 a.m. is hereby TAKEN OFF CALENDAR. No appearance necessary by counsel. (bm)

June 28, 2012

Filing 67 ORDER RE: (1) CONTINUED STAY OF MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT AND MOTION TO ALTER SCHEDULING CONFERENCE AND (2) FILING DEADLINE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS CERTIFICATION PURSUANT TO SETTLEMENT by Judge George H. King, re Stipulation to Continue #64 : The Court having read the parties' Stipulation and good cause appearing therefor, hereby orders as follows: 1. The stay of plaintiff's pending Motion for Leave to File the Third Amended Complaint and Motion to Alter the Scheduling Conference Order, entered by this Court on April 17, 2012 is hereby continued to permit the parties to prepare and file their Joint Motion for Preliminary Approval of Class Certification Pursuant to Settlement. 2. The parties shall file their Joint Motion for Preliminary Approval of Class Certification Pursuant to Settlement by August 13, 2012. (bm)

June 25, 2012

Filing 66 NOTICE OF FILING TRANSCRIPT filed for proceedings 6-13-12 4:11 p.m. re Transcript #65 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ha) TEXT ONLY ENTRY

June 25, 2012

Filing 65 TRANSCRIPT for proceedings held on 6-13-12 4:11 p.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/17/2012. Redacted Transcript Deadline set for 7/27/2012. Release of Transcript Restriction set for 9/24/2012. (ha)

June 25, 2012

Filing 64 STIPULATION to Continue Stay of Pending Motions and Notification to Court of Tentative Class Settlement from April 17, 2012 to August 13, 2012 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)

June 15, 2012

Filing 62 TRANSCRIPT ORDER for date of proceedings 6/13/2012 to 6/13/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Smart (CS). Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Settlement Conference - 6/13/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)

June 15, 2012

Filing 61 TRANSCRIPT ORDER for date of proceedings 6/13/2012 to 6/13/2012 as to Plaintiff Beatrice Orkin Gottlieb Court Reporter Margaret Babykin. Court will contact Millie Schwam at mschwam@kantorlaw.net with any questions regarding this order. Transcript portion requested: Other: Settlement Conference - 6/13/2012. Category: Expedited. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Chandler, Corinne)

June 15, 2012

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Transcript Order Form (AO-435) #61 . The following error(s) was found: The proceeding you are requesting, 06/13/2012 is a digitally recorded proceeding and not a Court Reporter. Please select CourtSmart when electronically filing your request. You must electronically refile the above referenced Request for Transcript in this case to correct this deficiency. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dc) TEXT ONLY ENTRY

June 13, 2012

Filing 63 MINUTES OF Settlement Conference held before Magistrate Judge Victor B. Kenton:The Court met with counsel and the parties in a settlement conference from 10:00 a.m. to 4:30 p.m. The matter resulted in a settlement contingent on approval by the District Judge. Counsel will request appropriate briefing and hearing dates from the District JudgeCourt Recorder: C/S. (rh)

May 2, 2012

Filing 60 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #57 by Clerk of Court that the document is accepted as filed. Other: Record shall reflect the correct docket entry of the attached document. RE: Notice of Withdrawal of 3/26/12 Settlement Offer #56 . (bm)

April 25, 2012

Filing 59 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Victor B. Kenton, PLEASE READ THIS ORDER CAREFULLY! The case has been referred to Magistrate Judge Victor B. Kenton for settlement proceedings. A Settlement Conference will be held on Wednesday, June 13, 2012, at 10:00 a.m. in Courtroom 590 of the Edward R. Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, California 90012. The parties should be prepared to be available as long as the Court requires. Settlement Conference briefs must be timely delivered to the Judges Chambers (not filed) pursuant to paragraphs 11 and 12 of this Order. If the briefs are untimely delivered, the Settlement Conference will be vacated. (SEE ORDER FOR FURTHER DETAILS) (lmh)

April 23, 2012

Filing 58 STATUS REPORT [JOINT STATUS REPORT RE SETTLEMENT CONFERENCE] filed by Plaintiff Beatrice Orkin Gottlieb. (Kassan, Alan)

April 20, 2012

Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal of 3/26/12 Settlement Offer #56 . The following error(s) was found: Incorrect event selected. Other error(s) with document(s) are specified below. The correct event is: Notices-Notice (Other). Other error(s) with document(s): docket entry text does not match caption of attached document. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)

April 19, 2012

Filing 56 Notice of Withdrawal of 3/26/12 Settlement Offer filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary) Modified on 5/2/2012 (bm).

April 17, 2012

Filing 55 MINUTE ORDER IN CHAMBERS re (1) Motion for Leave to File Third Amended Complaint; (2) Motion to Modify Scheduling Order #40 , #42 ; by Judge George H. King: We have reviewed Plaintiff Beatrice Orkin Gottlieb's ("Plaintiff") Motion for Leave to File Third Amended Complaint, and Motion to Modify Scheduling Order ("Motions"). After reviewing these Motions, and Defendant Conseco Senior Health Insurance Company doing business as Senior Health Insurance Company of Pennsylvanias ("Defendant") Oppositions, we are of the view that a mutually agreed-upon resolution is in the interest of all Parties and a settlement can and should be achieved here before the Court rules on the pending Motions. Thus, in order to ensure that the Parties have fully exhausted all good faith, reasonable settlement discussions, we hereby ORDER the Parties to participate in a settlement conference before Judge Victor Kenton. The Parties SHALL contact Judge Kentons clerk forthwith to select the earliest available date for a settlement conference. Counsel shall file a joint status report within five (5) days hereof notifying the Court of the date selected. If the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the Court within 48 hours of termination of settlement discussions. If we determine at that time that the Parties have complied with this Order, then and only then will we consider the pending Motions. Action on the pending Motions is hereby STAYED pending the Parties' settlement discussions. (bm)

April 12, 2012

Filing 54 MINUTE ORDER IN CHAMBERS ORDER re: EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment or in the Alternative, an Order Stating that Said Offer is Null and Void #46 by Judge George H. King: Accordingly, Defendant is hereby ORDERED TO SHOW CAUSE, within twelve (12) days hereof, why we should not declare Defendant's Offer to be void and unenforceable. See Wang v. Chinese Daily News, Inc., 2006 WL 1635423 (C.D. Cal. May 9, 2006) (declaring Rule 68 offers to be void and unenforceable where they "create[d] an unresolvable conflict between class representatives' fiduciary duty to the class and their own person interest[s]"). Defendant may discharge this Order by providing relevant legal authorities supporting its position or by withdrawing its March 26, 2012 Offer. (see document for further details) (bm)

April 12, 2012

Filing 53 MINUTES (IN CHAMBERS) ORDER by Judge George H. King taking under submission #40 Motion for Leave to File Third Amended Complaint; taking under submission #42 Motion to Modify Scheduling Order: On the court's own motion, Plaintiff's Motion for Leave to File Third Amended Complaint #40 , and Motion to Modify Scheduling Order #42 , noticed for hearing on April 16, 2012, is TAKEN OFF CALENDAR and will be taken UNDER SUBMISSION without oral argument on that date. F.R.Civ.P. 78; Local Rule 7-15. No appearance by counsel shall be necessary. The hearing date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. (bm)

April 4, 2012

Filing 52 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #47 by Clerk of Court that the document is accepted as filed. RE: Attachment #1; Proposed Order #46 . (bm)

April 4, 2012

Filing 51 NOTICE OF LODGING filed re EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment #46 (Attachments: #1 Offer of Settlement)(Kassan, Alan)

April 2, 2012

Filing 50 REPLY in support of MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 #42 filed by Plaintiff Beatrice Orkin Gottlieb. (Kassan, Alan)

April 2, 2012

Filing 49 REPLY in support of MOTION for Leave to file Third Amended Complaint #40 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration of Corinne Chandler)(Chandler, Corinne)

March 29, 2012

Filing 48 MEMORANDUM in Opposition to EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment #46 filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)

March 29, 2012

Filing 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #3: Proposed Order #46 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): There should be at least 2 lines of text to allow for the judge's signature pursuant to Local Rule 58.10. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)

March 28, 2012

Filing 46 EX PARTE APPLICATION to Strike Rule 68 Offer of Judgment filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)

March 26, 2012

Filing 45 MEMORANDUM in Opposition to MOTION for Leave to file Third Amended Complaint #40 filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)

March 26, 2012

Filing 44 MEMORANDUM in Opposition to Motion by Plaintiff to Modify Scheduling Order filed by Defendant Conseco Senior Health Insurance Company. (Lape, Gary)

March 19, 2012

Filing 43 NOTICE OF LODGING filed re MOTION for Leave to file Third Amended Complaint #40 (Attachments: #1 Proposed Third Amended Complaint)(Chandler, Corinne)

March 19, 2012

Filing 42 NOTICE OF MOTION AND MOTION to Amend Scheduling Order, Set/Reset Deadlines/Hearings,, #15 filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 4/16/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)

March 19, 2012

Filing 41 DECLARATION of Corinne Chandler In Support of MOTION for Leave to file Third Amended Complaint #40 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A to K)(Chandler, Corinne)

March 19, 2012

Filing 40 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 4/16/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Chandler, Corinne)

February 3, 2012

Filing 39 MINUTES (IN CHAMBERS) ORDER re: Motion for Class Certification and Settlement Approval #36 by Judge George H. King denying #36 Motion to Certify Class Action: In light of the above-identified deficiencies, we decline to grant certification of the Settlement Class or approval of the proposed Settlement at this time. Accordingly, the Motion is DENIED without prejudice. The Parties may file a new motion that fully addresses our concerns herein within forty-five (45) days hereof. Any renewed motion shall be a motion for preliminary approval of settlement and shall include a proposed notice plan and proposed notice forms for our review. We view with disfavor this needless consumption of our scarce resources and caution Counsel to do better in any renewed motion. (see document for further details) (bm)

January 12, 2012

Filing 38 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS #37 by Clerk of Court that the document is accepted as filed. Other: Record shall reflect the correct text of the document attached. RE: Defendant's Memo of P&A's in Support of Motion #35 . (bm)

January 10, 2012

Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant's Memo of P&A's in support of Motion #35 . The following error(s) was found: Incorrect document is attached to the docket entry. Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Memorandum in Support of Motion. 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. You need not take any action in response to this notice unless and until the court directs you to do so. (bm)

January 9, 2012

Filing 36 NOTICE OF MOTION AND MOTION to Certify Class For Purposes of Settlement filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 2/6/2012 at 09:30 AM before Judge George H. King. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Corinne Chandler, #3 Proposed Order and Judgment)(Chandler, Corinne)

January 9, 2012

Filing 35 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES In Support Of Motion To Certify Class For The Purpose Of Settlement And Approval Of Settlement filed by Defendant Conseco Senior Health Insurance Company. Motion set for hearing on 2/6/2012 at 09:30 AM before Judge George H. King. (Lape, Gary) Modified on 1/12/2012 (bm).

November 8, 2011

Filing 34 ORDER by Judge George H. King, re Stipulation to Vacate #32 , ( NOTE: CHANGES MADE BY THE COURT.) IT IS ORDERED: 1. The hearing on plaintiff's Motion for class Certification, currently scheduled for December 5, 2011 is hereby vacated. 2. The parties SHALL FILE AN APPROPRIATE MOTION FOR APPROVAL OF CLASS CERTIFICATION FOR PURPOSES OF SETTLEMENT AND FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT BY NOT LATER THAN JAN. 9, 2012 AND NOTICE IT FOR HEARING THEREAFTER REGULARLY UNDER THE LOCAL RULES. The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled (lw)

November 1, 2011

Filing 33 MINUTE:(IN CHAMBERS) ORDER: PARTIES ARE HEREBY NOTIFIED that on October 26, 2011, the above-captioned case has been reassigned to the calendar of the Hon. George H. King, U.S. District Judge, for all further proceedings. On all documents subsequently filed in this case, please substitute the initials GHK after the case number in place of the initials of the prior judge, so that the case number will read CV 11-2203 GHK (VBKx). This is very important because documents are routed to the assigned judges by means of the initials.Parties are further notified that Judge King is located in the Roybal Federal Building, 255 E. Temple Street, Los Angeles, CA 90012, and his Courtroom Deputy Clerk, Beatrice Herrera, can be reached at (213) 894-6907. Plaintiffs Motion for Class Certification #25 noticed for hearing on December 5, 2011, is reset for 9:30a.m., instead of 1:30 p.m. IT IS SO ORDERED by Judge George H. King. (ir)

November 1, 2011

Filing 32 STIPULATION to Vacate Stipulation to Vacate Hearing on Motion for Class Certification and Request for Status Conference filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Kassan, Alan)

October 26, 2011

Filing 31 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned District Judge is no longer available. Pursuant to directive of the Chief District Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Judge George H. King for all further proceedings. Case number will now read CV 11-02203 GKH(VBKx). (rn)

October 17, 2011

Filing 30 DECLARATION of Gary M. Lape In Support of Defendant SHIP's Opposition to Plaintiff Gottlieb's Motion for Class Certification MOTION to Certify Class #25 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Exhibit Lape Declaration Exhibit A, #2 Exhibit Lape Declaration Exhibit B, #3 Exhibit Lape Declaration Exhibit C, #4 Exhibit Lape Declaration Exhibit D, #5 Exhibit Lape Declaration Exhibit E, #6 Exhibit Lape Declaration Exhibit F, #7 Exhibit Lape Declaration Exhibit G, #8 Exhibit Lape Declaration Exhibit H, #9 Exhibit Lape Declaration Exhibit I)(Lape, Gary)

October 17, 2011

Filing 29 DECLARATION of Jenny Goodyear In Support of SHIP's Opposition to Plaintiff's Motion for Class Certification MOTION to Certify Class #25 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Exhibit Exhibit A to Goodyear Declaration, #2 Exhibit Exhibit B to Goodyear Declaration, #3 Exhibit Exhibit C to Goodyear Declaration, #4 Exhibit Exhibit D to Goodyear Declaration, #5 Exhibit Exhibit E to Goodyear Declaration)(Lape, Gary)

October 17, 2011

Filing 28 OPPOSITION filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Suzanne Morris in Support of Defendant SHIP's Opposition to Class Certification Motion)(Lape, Gary)

September 26, 2011

Filing 27 APPENDIX filed by Plaintiff Beatrice Orkin Gottlieb. Re: MOTION to Certify Class #25 (Chandler, Corinne)

September 26, 2011

Filing 26 DECLARATION of Corinne Chandler in support of MOTION to Certify Class #25 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Exhibit A through H-1, #2 Exhibit I through N, #3 Exhibit O through T)(Chandler, Corinne)

September 26, 2011

Filing 25 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 12/5/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Alan E. Kassan, #3 Declaration of Beatrice Orkin Gottlieb, #4 Declaration of Glenn R. Kantor, #5 Declaration of Gary Orkin, #6 Proposed Order)(Chandler, Corinne)

September 23, 2011

Filing 24 ANSWER to second amended complaint filed by defendant Conseco Senior Health Insurance Company.(Lape, Gary)

September 20, 2011

Filing 23 ORDER by Judge Percy Anderson DENYING Stipulation to Exceed Page Limit in briefs filed in connection with plaintiff's Class Certification Motion #22 (se)

September 16, 2011

Filing 22 STIPULATION to Exceed Page Limitation as to Motion for Class Certification filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)

September 2, 2011

Filing 21 SECOND AMENDED COMPLAINT against defendant Conseco Senior Health Insurance Company amending First Amended Complaint #7 with JURY DEMAND, filed by plaintiff Beatrice Orkin Gottlieb. (jp)

September 2, 2011

Filing 20 MINUTES (IN CHAMBERS): ORDER by Judge Valerie Baker Fairbank: granting #16 Motion for Leave to File Second Amended Complaint. Plaintiffs Second Amended Complaint is deemed served by the entry of this order, and Defendant shall have 21 days from the entry of this order to answer the Second Amended Complaint. (se)

August 29, 2011

Filing 19 REPLY in support of a motion MOTION for Leave to File Second Amended Complaint #16 filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Declaration [Supplemental Declaration of Corinne Chandler in Support of Motion to Amend])(Chandler, Corinne)

August 22, 2011

Filing 18 Opposition Opposition re: MOTION for Leave to File Second Amended Complaint #16 filed by Defendant Conseco Senior Health Insurance Company. (Attachments: #1 Declaration Declaration of Gary M. Lape)(Lape, Gary)

August 15, 2011

Filing 17 NOTICE OF LODGING filed re MOTION for Leave to File Second Amended Complaint #16 (Attachments: #1 Proposed Second Amended Complaint)(Chandler, Corinne)

August 15, 2011

Filing 16 NOTICE OF MOTION AND MOTION for Leave to File Second Amended Complaint filed by Plaintiff Beatrice Orkin Gottlieb. Motion set for hearing on 9/12/2011 at 01:30 PM before Judge Valerie Baker Fairbank. (Attachments: #1 Notice of Motion, #2 Declaration of Corinne Chandler, #3 Proposed Order)(Chandler, Corinne)

July 18, 2011

Filing 15 SCHEDULING AND CASE MANAGEMENT ORDER by Judge Valerie Baker Fairbank. Discovery cut-off IS 2/17/2012. Last date to conduct settlement conference is 11/22/2011. Final Pretrial Conference set for 6/18/2012 at 2:30 PM. Jury Trial set for 7/10/2012 at 8:30 AM. (kbr)

July 18, 2011

Filing 14 MINUTES OF Scheduling Conference held before Judge Valerie Baker Fairbank. off for filing a Motion for Class Certification further is denied. Bifucation of discovery is denied without prejudice. The parties select ADR Settlement Procedure No. 3. Court Reporter: Rosalyn Adams. (kbr)

June 10, 2011

Filing 13 NOTICE OF CLERICAL ERROR: Due to clerical error, the incorrect document was attached to docket entry 12. The correct document is now on the docket and is attached to this entry. (kbr)

June 9, 2011

Filing 11 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank. The Scheduling Conference, currently on calendar for June 13, 2011, at 8:30 a.m., is hereby CONTINUED to July 18, 2011 at 8:30 a.m. (kbr)

June 6, 2011

Filing 12 ORDER EXTENDING TIME TO FILE CLASS CERTIFICATION MOTION by Judge Valerie Baker Fairbank, re Stipulation for Extension of Time to File #8 . (kbr) (Main Document 12 replaced on 6/10/2011) (kbr). Modified on 6/10/2011 (kbr).

May 26, 2011

Filing 10 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Beatrice Orkin Gottlieb.. (Chandler, Corinne)

May 20, 2011

Filing 9 ANSWERJURY DEMAND. Answer of Defendant Senior Health Insurance Company of Pennsylvania to First Amended Complaint for Damages; Demand for Jury Trial filed by defendant Conseco Senior Health Insurance Company.(Lape, Gary)

May 19, 2011

Filing 8 STIPULATION for Extension of Time to File Class Certification Motion filed by Plaintiff Beatrice Orkin Gottlieb. (Attachments: #1 Proposed Order)(Chandler, Corinne)

May 5, 2011

Filing 7 FIRST AMENDED COMPLAINT against defendant Conseco Senior Health Insurance Company amending Complaint - (Discovery) #1 with JURY DEMAND, filed by plaintiff Beatrice Orkin Gottlieb. (jp) (jp).

April 13, 2011

Filing 6 MINUTE ORDER IN CHAMBERS by Judge Valerie Baker Fairbank: Counsel are hereby notified that a Scheduling Conference has been set for 6/13/2011 at 8:30 AM before Judge Valerie Baker Fairbank. Counsel are directed to comply with Rule 26(f) of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Rule 26(f) Report and a Notice of Settlement Procedure Selection Form ADR-1, on or before 5/31/2011. (jp)

April 13, 2011

Filing 5 FIRST STIPULATION Extending Time to Answer the complaint as to Conseco Senior Health Insurance Company answer now due 5/13/2011, filed by Defendant Conseco Senior Health Insurance Company.(Devling, Madonna)

April 12, 2011

Filing 4 PROOF OF SERVICE Executed by Plaintiff Beatrice Orkin Gottlieb, upon Defendant Conseco Senior Health Insurance Company served on 3/24/2011, answer due 4/14/2011. Service of the Summons and Complaint were executed upon Kelly Busch, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Chandler, Corinne)

March 16, 2011

Filing 3 STANDING ORDER by Judge Valerie Baker Fairbank: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND ADDS TO THE LOCAL RULES. COUNSEL FOR PLAINTIFF SHALL IMMEDIATELY SERVE THIS ORDER ON ALL PARTIES, INCLUDING ANY NEW PARTIES TO THE ACTION. IF THIS CASE WAS REMOVED FROM STATE COURT, THE DEFENDANT WHO REMOVED THE CASE SHALL SERVE THIS ORDER ON ALL OTHER PARTIES; Memoranda of points and authorities in support of or in opposition to motions shall not exceed 25 pages. Replies shall not exceed 12 pages. Conformed courtesy copies of all papers filed with the Court, including those filed electronically, shall be delivered on the next day of filing, by 12 noon, to the drop box outside the Chambers of Judge Valerie Baker Fairbank. The Judge's Chambers are located at the end of the hallway, past the courtroom. (see document for further details.) (jp)

March 15, 2011

Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Beatrice Orkin Gottlieb. (jp) (mg).

March 15, 2011

Filing 1 COMPLAINT against defendant Conseco Senior Health Insurance Company. Case assigned to Judge Valerie Baker Fairbank for all further proceedings. Discovery referred to Magistrate Judge Victor B Kenton. (Filing fee $ 350 PAID.) Jury Demanded, filed by plaintiff Beatrice Orkin Gottlieb. (jp) (mg).

March 15, 2011

21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendant Conseco Senior Health Insurance Company. (jp)

Search for this case: Beatrice Orkin Gottlieb v. Conseco Senior Health Insurance Company
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Defendant: Conseco Senior Health Insurance Company
Represented By:	Gary M Lape
Represented By:	Madonna L Devling
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Defendant: Ship Senior Health Insurance Company
Represented By:	Gary M Lape
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Plaintiff: Beatrice Orkin Gottlieb
Represented By:	Corinne Chandler
Represented By:	Alan E Kassan
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