Dual Diagnosis Assessment and Treatment Center Inc v. The California Department of Health Care Services et al
| Dual Diagnosis Assessment and Treatment Center Inc |
| Mary Hughes, Xerox Business Services LLC, Does 1-25 and The California Department of Health Care Services |
| 2:2013cv06935 |
| September 19, 2013 |
| US District Court for the Central District of California |
| Stephen V Wilson |
| Andrew J Wistrich |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on March 13, 2018. A more recent docket listing may be available from PACER.
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| Filing 172 NOTICE OF LODGING filed re Order on Motion for Summary Judgment #171 (Attachments: #1 Exhibit A - Proposed Judgment)(Christensen, Kent) |
Filing 171
MINUTES (IN CHAMBERS): ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #162 by Judge Stephen V. Wilson. The Court GRANTS the motion for smnmaiy judgment in Defendant's favor. IT IS SO ORDERED MD JS-6. Case Terminated. (lom)
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| Filing 170 MINUTES OF #162 MOTION for Summary Judgment filed by Defendant Xerox Business Services LLC Hearing held before Judge Stephen V. Wilson. The motion is submitted. Order to issue. Court Reporter: Deborah Gackle. (mrgo) |
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Filing 169
ORDER RE JOINT STIPULATION RE CONTINUANCE OF TRIAL AND PRE-TRIAL CONFERENCE approved by Judge Stephen V. Wilson, re Stipulation to Continue, #165 . (Jury Trial continued to 6/5/2018 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 5/21/2018 at 03:00 PM before Judge Stephen V. Wilson.) (mrgo)
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| Filing 168 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Xerox Business Services LLC. (Christensen, Kent) |
| Filing 167 Witness List filed by Defendant Xerox Business Services LLC.. (Christensen, Kent) |
| Filing 166 JOINT Exhibit List filed by Defendant Xerox Business Services LLC.. (Christensen, Kent) |
| Filing 165 Joint STIPULATION to Continue Trial and Pre-Trial Conference and related deadlines from 3/13/18 to 6/5/18 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Exhibit Exhibit A to Joint Stipulation Re Continuance of Trial and Pre-Trial Conference, #2 Proposed Order)(Christensen, Kent) |
| Filing 164 REPLY To Plaintiff's Opposition NOTICE OF MOTION AND MOTION for Summary Judgment #162 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Defendant Xerox Business Services, LLC's Response to Opposition to Separate Statement, #2 Declaration of Natasha Underwood In Support Of Defendant Xerox Business Services, LLC's Reply to Opposition to Motion for Summary Judgment, #3 Underwood Dec. Ex. A, #4 Underwood Dec. Ex. B, #5 Underwood Dec. Ex. C, #6 Declaration of W. Christopher Dalton In Support Of Defendant Xerox Business Services, LLC's Reply to Opposition to Motion for Summary Judgment, #7 Dalton Dec. Ex. 12, #8 Dalton Dec. Ex. 13)(Dalton, William) |
| Filing 163 MEMORANDUM in Opposition Defendant Xerox's Motion for Summary Judgment filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Plaintiff Separate Statement of Disputed facts, #2 Declaration, #3 Enrollment Packet, #4 Declaration, #5 Excerpts of Depo of Ryden, #6 Excerpts of Depo of Castro, #7 Castro e-mail to Hughes, #8 Letter to Conduent, #9 Excerpts of Depo of Hughes)(Campbell, Renee) |
| Filing 162 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendant Xerox Business Services LLC. Motion set for hearing on 2/12/2018 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Separate Statement, #2 Request for Judicial Notice, #3 Declaration of N. Underwood, #4 Exhibit 1 to Decl of N. Underwood, #5 Exhibit 2 to Decl of N. Underwood, #6 Exhibit 3 to Decl of N. Underwood, #7 Declaration of C. Dalton, #8 Exhibit 1 of Decl of C. Dalton, #9 Exhibit 2 of Decl of C. Dalton, #10 Exhibit 3 of Decl of C. Dalton, #11 Exhibit 4 of Decl of C. Dalton, #12 Exhibit 5 of Decl of C. Dalton, #13 Exhibit 6 of Decl of C. Dalton, #14 Exhibit 7 of Decl of C. Dalton, #15 Exhibit 8 of Decl of C. Dalton, #16 Exhibit 9 of Decl of C. Dalton, #17 Exhibit 10 of Decl of C. Dalton, #18 Exhibit 11 of Decl of Dalton, #19 Proposed Order) (Dalton, William) |
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Filing 161
ORDER TO JOINT STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES by Judge Stephen V. Wilson, re Stipulation to Continue #160 : IT IS HEREBY ORDERED that the Parties shall make their expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2)(D) no later than January 31, 2018. All other requirements set forth in any Court order relating to the above shall remain unchanged, including the pre-trial and trial dates. (cr)
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| Filing 160 STIPULATION to Continue Deadline to Exchange Expert Disclosures from 12/13/2017 to 01/31/18 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Proposed Order)(Dalton, William) |
| Filing 159 REPLY In Support of Motion To Withdraw Deemed Admissions filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Declaration of Renee L. Campbell, #2 Exhibit A Court Order, #3 Exhibit B Stipulation, #4 Exhibit C Denial, #5 Exhibit D Court Order)(Campbell, Renee) |
| Filing 158 OPPOSITION to First NOTICE OF MOTION AND MOTION to Withdraw Deemed Admissions #154 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Declaration of Dalton, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Dalton, William) |
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Filing 157
MINUTE ORDER by Magistrate Judge Andrew J. Wistrich re Plaintiff's Motion to Withdraw Deemed Admissions #154 : The Court has reviewed plaintiffs motion to withdraw deemed admissions. Defendant shall have fourteen (14) days from the date of this minute order to file its opposition. Plaintiff shall haveseven (7) days thereafter to file a reply. The motion shall be deemed submitted for decision without oral argument unless the Court determines that oral argument would be helpful. (klg)
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| Filing 156 SCHEDULING NOTICE: The Motion to Withdraw Deemed Admissions #154 that was referred to Magistrate Judge Wistrich is hereby set for 11/6/17 at 11:00 a.m. in courtroom 690 before by Magistrate Judge Andrew J. Wistrich re. #154 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (klg) TEXT ONLY ENTRY |
| Filing 155 IN CHAMBERS ONLY-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Motion to Withdraw Deemed Admissions filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. #154 is referred to the Honorable Andrew J. Wistrich, Magistrate Judge, for determination. The hearing set for 11/6/2017 at 1:30 p.m. is vacated and off-calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 154 First NOTICE OF MOTION AND MOTION to Withdraw Deemed Admissions filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. Motion set for hearing on 11/6/2017 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Proposed Order) (Campbell, Renee) |
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Filing 153
MINUTES (IN CHAMBERS) - ORDER DENYING ATTORNEY'S FEES by Judge Stephen V. Wilson. The injunctive relief claim lacks the necessary judicial imprimatur to qualify Plaintiff as the prevailing party. The motion for attorneys' fees #141 is denied. See document for details. (smo)
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| Filing 152 REPLY in support filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Campbell, Renee) |
| Filing 151 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/26/17 PM Hrg re Transcript #150 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gackle, Deborah) TEXT ONLY ENTRY |
| Filing 150 TRANSCRIPT for proceedings held on 6/26/17 PM Hrg. Court Reporter/Electronic Court Recorder: Deborah K. Gackle, phone number (213) 894-8913 deborahgackle.com. 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 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017. (Gackle, Deborah) |
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Filing 149
ORDER GRANTING DEFENDANT XEROX'S EX PARTE APPLICATION TO CONTINUE TRIAL by Judge Stephen V. Wilson re: #146 EX PARTE APPLICATION to Continue. Jury Trial continued to 3/13/2018 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 2/26/2018 at 03:00 PM before Judge Stephen V. Wilson. (mrgo)
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Filing 148
MINUTE ORDER Re Plaintiff's Ex Parte Application to withdraw the Deemed Admissions by Magistrate Judge Andrew J. Wistrich: The court has considered plaintiffs ex parte application and defendants opposition thereto. The ex parte application is denied. The issue plaintiff raises should be, and can be, raised in a regularly noticed motion. This is not an emergency warranting exparte relief. The court expresses no view as to the merits of any motion plaintiff may subsequently file. #144 (klg)
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| Filing 147 Defendant Mary Hughes's Opposition to Motion for Amendment of Court Order Dated August 22, 2017 Opposition re: NOTICE OF MOTION AND MOTION to Court Order dated August 22, 2017 Order on Motion to Dismiss Case #137 To Amend Court Order of Aug. 22, 2017 #141 filed by Defendant The California Department of Health Care Services. (Newman, Tara) |
| Filing 146 EX PARTE APPLICATION to Continue Pre-Trial Conference & Trial from 10/30/17 & 11/14/17 to 2/27/18 and 3/13/18 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Declaration of W. Christopher Dalton, #2 Proposed Order) (Christensen, Kent) |
| Filing 145 OPPOSITION to First EX PARTE APPLICATION to Withdraw Deemed Admissions #143 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Declaration of W. Christopher Dalton, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Dalton, William) |
| Filing 144 First EX PARTE APPLICATION for Order for Ex Parte Application To Withdraw Deemed Admissions filed by plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Proposed Order) (Campbell, Renee) |
| Filing 143 First EX PARTE APPLICATION to Withdraw Deemed Admissions filed by plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Campbell, Renee) |
| Filing 142 Amendment to NOTICE OF MOTION AND MOTION to Court Order dated August 22, 2017 Order on Motion to Dismiss Case #137 To Amend Court Order of Aug. 22, 2017 #141 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Campbell, Renee) |
| Filing 141 NOTICE OF MOTION AND MOTION to Court Order dated August 22, 2017 Order on Motion to Dismiss Case #137 To Amend Court Order of Aug. 22, 2017 filed by plaintiff Dual Diagnosis Assessment and Treatment Center Inc. Motion set for hearing on 10/2/2017 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum, #2 Proposed Order) (Campbell, Renee) |
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Filing 140
(IN CHAMBERS) ORDER by Judge Stephen V. Wilson: The case was terminated in error. The case is reopened as to defendant Xerox. The Court reinstates the following dates: Jury trial November 14, 2017 at 9:00 a.m.; Pretrial Conference October 30, 2017 at 3:00 p.m. The Stipulation to Continue the Trial is denied. (Made JS-5, Case reopened) (cr)
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| Filing 139 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Continue #138 . The following error(s) was/were found: Case is closed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo) |
| Filing 138 STIPULATION to Continue Trial from November 14, 2017 to March 2018 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Proposed Order)(Dalton, William) |
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Filing 137
MINUTES (IN CHAMBERS) ORDER GRANTING MOTIONS TO DISMISS by Judge Stephen V. Wilson re: #127 MOTION to Dismiss Case. The motion to dismiss with prejudice is GRANTED. (MD JS-6. Case Terminated ) (mrgo)
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| Filing 135 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #127 filed by Defendant Mary Hughes. (Lahana, Matthew) |
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Filing 136
(IN CHAMBERS) ORDER DENYING MOTION FOR ATTORNEY FEES #123 by Judge Stephen V. Wilson: Plaintiff's counsel is not a party to this case and can seek to effect his lien in the appropriate forum. Please refer to the Court's order for specifics. (cr)
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Filing 134
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: The Motion for Attorney Fees Plaintiff's Counsel filed by Plaintiff #123 is suitable to a determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7-15. The hearing scheduled for 08/14/2017 at 1:30 p.m. is VACATED and OFF-CALENDAR. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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Filing 133
ORDER TO JOINT STIPULATION AND REQUEST TO CONTINUE DEADLINE FOR EXPERT DISCLOSURES by Judge Stephen V. Wilson, re Stipulation to Continue #131 . IT IS HEREBY ORDERED that the Parties shall make their expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2)(D) no later than October 13, 2017. (mrgo)
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| Filing 132 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #127 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Campbell, Renee) |
| Filing 131 STIPULATION to Continue Deadline for Expert Disclosures from August 16, 2017 to October 13, 2017 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Proposed Order)(Dalton, William) |
| Filing 130 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: REQUEST for Attorney Fees Reply #128 by Clerk of Court. The document is accepted as filed. (mrgo) |
| Filing 129 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST for Attorney Fees Reply #128 . The following error(s) was found: Incorrect event selected. The correct event is: Reply (motion related). 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. (mrgo) |
| Filing 128 REQUEST for Attorney Fees Reply filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. Request set for hearing on 8/14/2017 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Affidavit Declaration of Edi Faal) (Campbell, Renee) |
| Filing 127 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Mary Hughes. Motion set for hearing on 8/28/2017 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in support of Motion to Dismiss, #2 Certificate of Service) (Lahana, Matthew) |
| Filing 126 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiff's Counsel #123 Request For Judicial Notice In Support Of Defendant Mary Hughess Opposition To Motion To Compel Payment of Attorneys Fees; And Declaration of Tara L. Newman filed by Defendant Mary Hughes. (Attachments: #1 Exhibit)(Newman, Tara) |
| Filing 125 Opposition Defendant Mary Hughess Opposition To Motion To Compel Payment of Attorneys Fees re: NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiff's Counsel #123 filed by Defendant Mary Hughes. (Newman, Tara) |
| Filing 124 ANSWER to Amended Complaint/Petition #122 filed by Defendant Xerox Business Services LLC.(Attorney William Christopher Dalton added to party Xerox Business Services LLC(pty:dft))(Dalton, William) |
| Filing 123 NOTICE OF MOTION AND MOTION for Attorney Fees Plaintiff's Counsel filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. Motion set for hearing on 8/14/2017 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Affidavit Dec. Edi M. O. Faal, #2 Affidavit Dec. of Renee L. Campbell, #3 Exhibit Letter from Deputy Atty General Tara Newman, #4 Exhibit Letter to J. Kim & T. Newman, #5 Exhibit E-mail from Tara Newman, #6 Proposed Order Proposed Order) (Campbell, Renee) |
| Filing 122 Third AMENDED COMPLAINT against Defendant All Defendants amending Amended Complaint #28 , filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc(Campbell, Renee) |
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Filing 121
MINUTE ORDER IN CHAMBERS LIFTING STAY by Judge Stephen V. Wilson. The Court sets the following dates: Plaintiff has ten (10) days to submit an amended complaint. In so doing, Plaintiff may not add allegations beyond the scope of this order. Jury trial is set for November 14, 2017 at 9:00 a.m. Pretrial conference is set for October 30, 2017 at 3:00 p.m. (mrgo)
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| Filing 120 MINUTES OF PRETRIAL CONFERENCE held before Judge Stephen V. Wilson. Conference held. The matter is submitted. Order to issue. Court Reporter: Deborah Gackle. (lom) |
| Filing 119 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Isaac Lahana counsel for Defendant Mary Hughes. Adding Jennifer M. Kim as counsel of record for Mary Hughes for the reason indicated in the G-123 Notice. Filed by Defendant Mary Hughes. (Lahana, Matthew) |
| Filing 118 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #114 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Appearance or Withdrawal. 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. (ak) |
| Filing 117 Notice of Appearance or Withdrawal of Counsel: for attorney Tara L Newman counsel for Defendant The California Department of Health Care Services. Adding Tara L. Newman as counsel of record for Defendant, California Department of Health Care Services; Mary Hughes for the reason indicated in the G-123 Notice. Filed by Defendant(s) Department of Health Care Services; Mary Hughes. (Attorney Tara L Newman added to party The California Department of Health Care Services(pty:dft))(Newman, Tara) |
| Filing 116 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Isaac Lahana counsel for Defendant Mary Hughes. Michael Thomas Guitar is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Mary Hughes. (Lahana, Matthew) |
| Filing 115 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Isaac Lahana counsel for Defendant Mary Hughes. Brittney Michelle Harris is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Mary Hughes. (Lahana, Matthew) |
| Filing 114 NOTICE of Appearance filed by attorney Matthew Isaac Lahana on behalf of Defendant Mary Hughes (Attorney Matthew Isaac Lahana added to party Mary Hughes(pty:dft))(Lahana, Matthew) |
| Filing 113 JOINT REPORT of Trial on Injunction filed by Defendant Mary Hughes. (Lahana, Matthew) |
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Filing 112
ORDER by Judge Stephen V. Wilson, re Stipulation to Extend Discovery Cut-Off Date #111 . (Jury Trial continued to 7/18/2017 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference continued to 6/26/2016 at 03:00 PM before Judge Stephen V. Wilson.) Discovery cut off date extended to 6/16/17. (mrgo)
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| Filing 111 STIPULATION to Extend Discovery Cut-Off Date to June 26, 2017 filed by Defendant Mary Hughes. (Attachments: #1 Proposed Order on Stipulation to Extend Discovery cut-Off Date and to Continue the Pretrial Conference and Trial)(Harris, Brittney) |
| Filing 110 NOTICE TO PARTIES by District Judge Stephen V. Wilson. Effective December 5, 2016, Judge Wilson will be located at the 1st Street Courthouse, COURTROOM 10A on the 10th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 10A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
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Filing 109
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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| Filing 108 MINUTES OF STATUS CONFERENCE held before Judge Stephen V. Wilson. The Court sets the following dates: Jury Trial set for 3/21/2017 at 09:00 AM before Judge Stephen V. Wilson. Pretrial Conference set for 3/6/2017 at 03:00 PM before Judge Stephen V. Wilson. Court Reporter: Deborah Gackle. (mrgo) |
| Filing 107 SCHEDULING NOTICE by Judge Stephen V. Wilson. The Status Conference set for 10/24/2016 at 3:00 PM has been advanced to 10/24/2016 at 02:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
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Filing 106
(IN CHAMBERS) ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT #85 by Judge Stephen V. Wilson: [T]his Court DENIES summary judgment based on the Burford abstention doctrine and of claims for injunctive relief, and GRANTS summary judgment against the Due Process claim. The Court will also set a status conference for the case on October 24, 2016 at 3 p.m. (cr)
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| Filing 105 NOTICE of Change of Attorney Business or Contact Information: for attorney Brittney Michelle Lovato counsel for Defendant The California Department of Health Care Services. Changing e-mail to Brittney.Harris@doj.ca.gov. Filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 104 NOTICE Unavailability of Plaintiff's Counsel filed by Attorney Dual Diagnosis Assessment and Treatment Center Inc. Edi M. O. Faal (Campbell, Renee) |
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Filing 103
PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Stipulation for Protective Order #91 . See document for details. (yb)
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| Filing 102 NOTICE of Defendant's Counsel's Unavailability filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 101 MOTION for Summary Judgment, or in the Alternative, Summary Adjudication of Issues #85 held before Judge Stephen V. Wilson: Court and counsel confer re Motion for Summary Judgment #85 . For reasons stated on the record, the Motion is taken UNDER SUBMISSION. Trial scheduled is vacated. Court Reporter: Deborah Gackle. (kss) |
| Filing 100 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, Summary Adjudication of Issues #85 filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 99 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, Summary Adjudication of Issues #85 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Exhibit)(Faal, Edirissa) |
| Filing 98 MINUTES #85 MOTION for Summary Judgment, or in the Alternative, Summary Adjudication of Issues Filed by Defendant Mary Hughes held before Judge Stephen V. Wilson:, The hearings re Motion or Report and Recommendation deadlines originally scheduled have been rescheduled Motion set for hearing on 10/5/2015 at 01:30 PM before Judge Stephen V. Wilson.Court Reporter: Deborah Gackle. (pj) |
| Filing 97 TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OPPOSITION re: NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, Summary Adjudication of Issues #85 OPPOSITION TO MOTION filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Memorandum Opp to Statement of Uncontroverted Facts & Conclusions of Law, #2 Declaration of Edi M. O. Faal in Support of Opp, #3 Declaration Edna Miller in Support of Opp to MSJ)(Campbell, Renee) |
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Filing 96
MINUTES IN CHAMBERS: ORDER DENYING EX PARTE APPLICATION CONTINUING MOTION FOR SUMMARY JUDGMENT #86 by Judge Stephen V. Wilson. For the aforementioned reasons, the Plaintiff's ex parte application is DENIED. However, the Comi will still consider an untimely opposition offered by the Plaintiff prior to the September 14 hearing date. (lom)
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| Filing 95 SCHEDULING NOTICE by Judge Stephen V. Wilson re: Motion Hearing #85 is reset to 9/16/2015 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 94 SCHEDULING NOTICE by Judge Stephen V. Wilson re: NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, Summary Adjudication of Issues #85 The previously scheduled Motion for 9/14/2015 at 1:30 PM has been rescheduled. Motion is now set for hearing on 9/16/2016 at 01:30 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY |
| Filing 93 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate 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 Magistrate Judge Andrew J. Wistrich for any discovery and/or post-judgment matters that may be referred. Case number will now read as CV 13-06935 SVW(AJWx). (rn) |
| Filing 92 Opposition to Plaintiff's Ex Parte Application re: First EX PARTE APPLICATION to Continue Defendant's Motion for Summary Judgment from Sept. 14, 2015 to Oct. 15, 2015 #86 filed by Defendant Mary Hughes. (Attachments: #1 Declaration of Deputy Attorney General Brittney M. Lovato in Support of Defendant Mary Hughes's Opposition to Plaintiff's Ex Parte Application)(Lovato, Brittney) |
| Filing 91 STIPULATION for Protective Order filed by Defendant Mary Hughes. (Attachments: #1 Proposed Order)(Lovato, Brittney) |
| Filing 90 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related), #87 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. 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. (iv) |
| Filing 89 REPLY in support of ex parte application First EX PARTE APPLICATION to Continue Defendant's Motion for Summary Judgment from Sept. 14, 2015 to Oct. 15, 2015 #86 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Declaration)(Campbell, Renee) |
| Filing 88 Notice of Appearance or Withdrawal of Counsel: for attorney Michael Thomas Guitar counsel for Defendant Mary Hughes. Adding Michael T. Guitar as counsel of record for Mary Hughes for the reason indicated in the G-123 Notice. Filed by Defendant Mary Hughes. (Attorney Michael Thomas Guitar added to party Mary Hughes(pty:dft))(Guitar, Michael) |
| Filing 87 Opposition to Plaintiff's Ex Parte Application re: First EX PARTE APPLICATION to Continue Defendant's Motion for Summary Judgment from Sept. 14, 2015 to Oct. 15, 2015 #86 filed by Defendant Mary Hughes. (Attachments: #1 Declaration of Brittney Lovato in Support of Defendant's Opposition)(Lovato, Brittney) |
| Filing 86 First EX PARTE APPLICATION to Continue Defendant's Motion for Summary Judgment from Sept. 14, 2015 to Oct. 15, 2015 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Declaration In Support of Ex Parte Application, #2 Proposed Order to Continue or Deny MSJ) (Campbell, Renee) |
| Filing 85 NOTICE OF MOTION AND MOTION for Summary Judgment , or in the Alternative, Summary Adjudication of Issues filed by Defendant Mary Hughes. Motion set for hearing on 9/14/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Hughes's Motion for Summary Judgment, #2 Declaration of Jean Jaczola, #3 Declaration of Mary Hughes, #4 Statement of Uncontroverted Facts and Conclusions of Law, #5 Proposed Order) (Lovato, Brittney) |
| Filing 84 ANSWER to Amended Complaint #28 Answer to Second Amended Complaint filed by Defendant Mary Hughes.(Lovato, Brittney) |
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Filing 82
CIVIL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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| Filing 83 MINUTES OF STATUS CONFERENCE held before Judge Stephen V. Wilson. The matter is set for a court trial on October 6, 2015 at 9:00 a.m. Court Reporter: Anne Kielwasser. (lom) |
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Filing 81
ORDER granting Stipulation for Extension of Time to File Response/Reply #80 , Defendant Mary Hughes answer due 8/13/2015 by Judge Stephen V. Wilson (pj)
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| Filing 80 STIPULATION for Extension of Time to File Response as to Amended Complaint #28 filed by Defendant Mary Hughes. (Attachments: #1 Proposed Order on Stipulation to Extend Time to File a Responsive Pleading)(Lovato, Brittney) |
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Filing 79
ORDER #33 #34 #70 by Judge Stephen V. Wilson: For the foregoing reasons, the Court: 1. DENIES Defendants Motions to Dismiss the Second Amended Complaint. 2. STAYS all claims except Plaintiffs Section 1983 claims against Defendant Mary Hughes insofar as those claims seek injunctive relief. 3. SETS a trial date for the injunctive claims on October 6, 2015, at 9:00 a.m, and a pre-trial conference on September 28, 2015, at 3:00 p.m. (pj)
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Filing 78
IN CHAMBERS ORDER SETTING STATUS CONFERENCE by Judge Stephen V. Wilson. In light of the Courts Order issued today, the Court is inclined to believe the October 6, 2015, trial should be a court trial. If either party disagrees, it should file a response no later than July 10, 2015. The Court also sets a status conference for July 20, 2015, at 1:30 p.m. The Court will address the trial issue jury versus court at that conference as well as any issues of administration concerning this case. (kss)
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Filing 77
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson re MOTION to Supplement #70 , and MOTION to Dismiss for Lack of Jurisdiction #33 : The Motions are suitable to a determination without oral argument. Fed. R. Civ. P. 78(b); Local Rule 7-15. The hearing scheduled for 06/29/2015 at 1:30 p.m. is VACATED and OFF-CALENDAR. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 76 MINUTES OF #33 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mary Hughes; #70 MOTION to Supplement Opposition to Motion to Dismiss filed by Dual Diagnosis Assessment & Treatment Center, Inc. Dual Diagnosis Assessment and Treatment Center Inc hearing held before Judge Stephen V. Wilson.Hearing held. The matter is put over to June 29, 2015 at 1:30 p.m. for further hearing. Court Reporter: Deborah Gackle. (lom) |
| Filing 75 MINUTES OF #33 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant MaryHughes #70 MOTION to Supplement Opposition to Motion to Dismiss filed by DualDiagnosis Assessment & Treatment Center, Inc. Dual Diagnosis Assessmentand Treatment Center Inc held before Judge Stephen V. Wilson: Hearing on the motions is continued to June 9, 2015 at 1:30 p.m.Court Reporter: Deborah Gackle. (kss) |
| Filing 74 REPLY In Support Of MOTION to Dismiss Second Amended Complaint #34 filed by Defendant Xerox Business Services LLC. (Attorney Joshua G Simon added to party Xerox Business Services LLC(pty:dft))(Simon, Joshua) |
| Filing 73 REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction #33 filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Supplement Opposition to Motion to Dismiss #70 . The following error(s) was found: Incorrect event selected. The correct event is: Wrong event created erroneous motion before the judge and hearing date which has been termed by the clerk. The correct event to be use is 'Responses, Replies and Other Motion Related Documents" Select the appropriate Event.. 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. (pj) |
| Filing 71 MEMORANDUM in Opposition Motion to Dismiss Second Amended Complaint filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Declaration)(Faal, Edirissa) |
| Filing 70 NOTICE OF MOTION AND MOTION to Supplement Opposition to Motion to Dismiss filed by Dual Diagnosis Assessment & Treatment Center, Inc. Dual Diagnosis Assessment and Treatment Center Inc. Motion set for hearing on 5/11/2015 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Declaration of Edna Miller)(Campbell, Renee) Modified on 6/11/2015 (lom). |
| Filing 69 SCHEDULING NOTICE by Judge Stephen V. Wilson re MOTION to Dismiss for Lack of Jurisdiction #33 : Hearing on the motion is set for hearing on 5/11/2015 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
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Filing 68
ORDER by Judge Stephen V. Wilson: granting #66 Ex Parte Application for Enlargement of Time to File. The deadline for Plaintiff to file its Opposition Briefs to Defendants' MARY HUGHES and XEROX BUSINESS SERVICES, LLC Supplemental Briefs on their Motions to Dismiss Second Amended Complaint is hereby GRANTED. Plaintiffs Opposition to Defendants' Supplemental Brief is due on April 6, 2015, and Defendants' Reply Brief are due on April 21, 2015. (lom)
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| Filing 67 OPPOSITION Opposition re: First EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Oppostition Briefs to Motions to Dismiss #66 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Declaration of Kent R. Christensen In Support Of Defendant Xerox Business Services Opposition to Plaintiff's Ex Parte Application)(Christensen, Kent) |
| Filing 66 First EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Oppostition Briefs to Motions to Dismiss filed by Dual Diagnosis Assessment & Treatment Center, Inc. Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Proposed Order For Ex Parte Applicatio)(Campbell, Renee) |
| Filing 65 SUPPLEMENT to MOTION to Dismiss Second Amended Complaint #34 Supplemental Brief filed by Defendant Xerox Business Services LLC. (Christensen, Kent) |
| Filing 64 DECLARATION of CRAIG BLACK IN SUPPORT OF MOTION to Dismiss for Lack of Jurisdiction #33 DECLARATION OF CRAIG BLACK IN SUPPORT OF DEFENDANT MARY HUGHES'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 63 SUPPLEMENT to MOTION to Dismiss for Lack of Jurisdiction #33 DEFENDANT MARY HUGHES'S SUPPLEMENTAL BRIEF ON HER MOTION TO DISMISS THE SECOND AMENDED COMPLAINT filed by Defendant Mary Hughes. (Lovato, Brittney) |
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Filing 62
MINUTES IN CHAMBERS ORDER GRANTING REQUEST FOR SUBSTITUTION OF COUNSEL #60 by Judge Stephen V. Wilson: The Court GRANTS Plaintiffs Request for Approval of Substitution of Attorney. (Doc. 60). Edi M. O. Faal is now Plaintiffs counsel of record in this case, in place and stead of prior Kent Wycliffe Easter.Added attorney Edirissa Mohammad Omar Faal for Dual Diagnosis Assessment and Treatment Center Inc. Attorney Kent Wycliffe Easter terminated (shb)
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| Filing 61 DECLARATION of Service by U.S. Mail of Civil Minutes for December 29, 2014 re Order on Ex Parte Application to Continue,,, #59 filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 60 First REQUEST TO SUBSTITUTE ATTORNEY Edi M. O. Faal in place of attorney Edna Miller filed by Dual Diagnosis Assessment and Treatment Center Inc Dual Diagnosis Assessment and Treatment Center Inc. (Attorney Renee L Campbell added to party Dual Diagnosis Assessment and Treatment Center Inc(pty:pla))(Campbell, Renee) |
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Filing 59
MINUTES (IN CHAMBERS): ORDER REGARDING BRIEFING SCHEDULE ANDPLAINTIFFS FAILURE TO RETAIN COUNSEL #56 by Judge Stephen V. Wilson: In light of the Courts December 2, 2014 order (Dkt. 54) as well as Defendants ex parte application filed December 23, 2014 (Dkt. 56), the Court ORDERS: 1. The briefing schedule regarding further consideration of Younger abstention is modified as follows: Defendants supplemental briefs are due no later than February 2, 2015; Plaintiffs opposition brief is due no later than March 2, 2015; and Defendants reply briefs are due no later than March 16, 2015. 2. Nothing in this order modifies the Courts prior order requiring Plaintiff to retain counsel no later than January 2, 2015. (Dkt. 54). As stated in that order, the Court may dismiss this case if Plaintiff fails to retain counsel for this case by the aforementioned date. Defendants must promptly serve a copy of this order to Plaintiff at its business address.. (pj)
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| Filing 58 DECLARATION of Service by Overnight Courier on Edna Miller re EX PARTE APPLICATION to Continue Hearing from March 2, 2015 to TBD #56 filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 57 DECLARATION of Non-Service of Dwayne Thompson re EX PARTE APPLICATION to Continue Hearing from March 2, 2015 to TBD #56 filed by Defendant Mary Hughes. (Lovato, Brittney) |
| Filing 56 EX PARTE APPLICATION to Continue Hearing from March 2, 2015 to TBD filed by Defendant Mary Hughes. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application, #2 Declaration of Deputy Attorney General Brittney M. Lovato In Support of Ex Parte Application, #3 Proposed Order Notice of Lodging [Proposed] Order, #4 Proposed Order [Proposed] Order)(Lovato, Brittney) |
| Filing 55 PROOF OF SERVICE filed by Defendant Mary Hughes, re Minutes of In Chambers Order/Directive - no proceeding held,,, #54 served on December 5, 2014. (Lovato, Brittney) |
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Filing 54
IN CHAMBERS ORDER REQUIRING PLAINTIFF TO RETAIN COUNSEL by Judge Stephen V. Wilson: The Court held a hearing on December 1, 2014 at 3:00 PM. (Doc. 53). Plaintiff failed to appear. (Id.). Indeed, as of now, Plaintiff could not have: Plaintiffs counsel of record is incarcerated, (Doc. 47-4, 3), and under the local rules, Plaintiff a corporation may only appear through counsel, Central Dist. of Cal. Local Rule 83-2.2.2. Plaintiff appears to have made some foray into obtaining new counsel, but it has not done so yet. (Doc. 47-4, 45). Plaintiffs failure to retain counsel impedes its ability to prosecute the case such as appearing at status conferences or filing required briefs. (See Docs. 49, 53). Therefore, the Court orders Plaintiff to retain counsel no later than January 2, 2015. If Plaintiff fails to do so, the Court may dismiss the case for failure to prosecute. Defendants must promptly serve a copy of this order to Plaintiff at its business address. (pc)
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| Filing 53 MINUTES OF Status Conference held before Judge Stephen V. Wilson: Conference held. No appearance is made by or on behalf of the plaintiff. The Court is advised that plaintiffs present counsel, Kent Wycliffe Easter, has been incarcerated. The conference is adjourned. Order to issue.Court Reporter: Deborah Gackle. (pc) Modified on 12/30/2014 (pj). |
| Filing 52 SCHEDULING NOTICE TEXT ONLY ENTRY RE the Jury Trial previously scheduled for 10/28/14 at 9:00 AM is hereby vacated by Judge Stephen V. Wilson. #32 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY |
| Filing 51 SCHEDULING NOTICE TEXT ONLY ENTRY RE the Pretrial Conference currently set for 10/20/14 at 3:00 PM is taken off calendar by Judge Stephen V. Wilson. #32 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgon) TEXT ONLY ENTRY |
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Filing 50
NOTICE OF DISCREPANCY AND ORDER: by Judge Stephen V. Wilson, ORDERING Plaintiff/Declaration submitted by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc received on 9/26/2014 is not to be filed but instead rejected. Denial based on: Plaintiff has a attorney document should be E Filed however; judicial determination is required. (pj)
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Filing 49
ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR ORDER CONTINUING THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS AND EXTENDING THE BRIEFING SCHEDULE by Judge Stephen V. Wilson: The hearing on Defendants' motion to dismiss is continued to March 2, 2015, and the following briefing schedule is ordered: Defendants' supplemental briefs are due on or before January 5, 2015, Plaintiffs opposition brief is due on or before February 2, 2015, and Defendants' reply briefs are due on or before February 16,2015. #47 (pj)
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| Filing 48 SCHEDULING NOTICE: The matter is set for a Status Conference on 12/1/2014 at 3:00 PM before Judge Stephen V. Wilson. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 47 EX PARTE APPLICATION to Continue Hearing from November 3, 2014 to March 2, 2015 filed by Defendant Mary Hughes. (Attachments: #1 Memorandum of Points and Authorities in Support of Ex Parte Application for Order Continuing the Hearing Date on Defendants' Motion to Dismiss and Extending the Briefing Schedule, #2 Proposed Order Notice of Lodging of [Proposed] Order Granting Defendants' Ex Parte Application for Order Continuing the Hearing Date on Defendants' Motion to Dismiss and Extending the Briefing Schedule, #3 Proposed Order Granting Defendants' Ex Parte Application for Order Continuing the Hearing Date on Defendants' Motion to Dismiss and Extending the Briefing Schedule, #4 Declaration of Deputy Attorney General Brittney M. Lovato in Support of Defendants' Ex Parte Application for Order Continuing the Hearing Date on Defendants' Motion to Dismiss and Extending the Briefing Schedule)(Lovato, Brittney) |
| Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Brittney Michelle Lovato counsel for Defendants Mary Hughes, The California Department of Health Care Services. Adding Brittney M. Lovato as attorney as counsel of record for Mary Hughes and DHCS for the reason indicated in the G-123 Notice. Filed by Defendants Mary Hughes and DHCS. (Attorney Brittney Michelle Lovato added to party Mary Hughes(pty:dft), Attorney Brittney Michelle Lovato added to party The California Department of Health Care Services(pty:dft))(Lovato, Brittney) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Marie Leggon Wrighten counsel for Defendant Mary Hughes. Marie Leggon Wrighten is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Mary Hughes. (Wrighten, Marie) |
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Filing 44
ORDER ON STIPULATION TO CONTINUE HEARING AND BRIEFING SCHEDULE ON DEFENDANTS MARY HUGHES AND XEROX'S MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT by Judge Stephen V. Wilson, re Stipulation to Continue, #43 The Hearing on Defendants' Motions to the Dismiss the Second Amended Complaint shall be on November 3, 2014; Defendants' Supplemental Briefing shall now be due on September 30, 2014; . Plaintiffs Opposition Brief shall now be due on October 14, 2014; and Defendants' Reply Brief(s) shall now be due on October 20, 2014. (pj) Modified on 9/2/2014 (pj).
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| Filing 43 STIPULATION to Continue Hearing and Briefing Schedule from 10/6/2014 to 11/3/2014 filed by Defendant Mary Hughes. (Attachments: #1 Proposed Order on Stipulation to Continue Hearing and Briefing Schedule on Defendants Mary Hughes and Xerox's Motions to Dismiss the Second Amended Complaint)(Wrighten, Marie) |
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Filing 42
ORDER RE DEFENDANTS MOTIONS TO DISMISS #33 , #34 by Judge Stephen V. Wilson, For the foregoing reasons, defendants motions to dismiss the Second Amended Complaint are hereby DENIED. However, the Court will reconsider the issues of Younger abstention and prudential exhaustion following the receipt of the supplemental briefing described above #34 , #33 (pj)
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| Filing 41 MINUTES OF #33 MOTION to Dismiss for Lack of Jurisdiction #34 MOTION to Dismiss Second Amended Complaint held before Judge Stephen V. Wilson: Hearing held. The Court denies both motions to dismiss, with the exception of the motion to dismiss on the basis of abstention. Order to issue. With regard to the abstention issue, the Court orders further briefing and sets the followingschedule: Defendants further brief. September 2, 2014; Plaintiffs opposition. September 16, 2014;Defendants reply. September 22, 2014; Further hearing. October 6, 2014 at 1:30 p.m.Court Reporter: Deborah Gackle. (pj) |
| Filing 40 SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss Second Amended Complaint #34 , and MOTION to Dismiss for Lack of Jurisdiction #33 previously scheduled for 07/21/2014 at 1:30 PM has been rescheduled to hearing on 7/28/2014 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 39 REPLY in support of MOTION to Dismiss for Lack of Jurisdiction #33 filed by Defendant Mary Hughes. (Attachments: #1 Declaration of Craig Black in Support of Defendant Mary Hughes's Motion to Dismiss the Second Amended Complaint)(Wrighten, Marie) |
| Filing 38 REPLY In Support Of MOTION to Dismiss for Lack of Jurisdiction #33 filed by Defendant Mary Hughes. (Attachments: #1 Declaration)(Wrighten, Marie) |
| Filing 37 REPLY IN SUPPORT MOTION to Dismiss Second Amended Complaint #34 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Declaration of Kent R. Christensen In Support Of Defendant Xerox Business Services, LLC's Reply In Support of its Motion to Dismiss the Second Amended Complaint)(Christensen, Kent) |
| Filing 36 MEMORANDUM in Opposition to MOTION to Dismiss Second Amended Complaint #34 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Easter, Kent) |
| Filing 35 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction #33 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Easter, Kent) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint filed by Defendant Xerox Business Services LLC. Motion set for hearing on 7/21/2014 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in Support of Xerox Business Services, LLC's Motion to Dismiss the Second Amended Complaint, #2 Request for Judicial Notice In Support of Xerox Business Services, LLC's Motion to Dismiss the Second Amended Complaint, #3 Proposed Order Proposed Order Granting Defendant Xerox Business Services, LLC's Motion to Dismiss the Second Amended Complaint)(Christensen, Kent) |
| Filing 33 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mary Hughes. Motion set for hearing on 7/21/2014 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Mary Hughes's Notice of Motion and Motion to Dismiss the Second Amended Complaint, #2 Declaration of Caitlin Furtekin Support of Defendant Mary Hughes's Motion to Dismiss the Second Amended Complaint, #3 Proposed Order Granting Defendant Mary Hughes's Motion to Dismiss the Second Amended Complaint with Prejudice)(Wrighten, Marie) |
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Filing 32
ORDER by Judge Stephen V. Wilson, re Stipulation to Continue #29 ,( Pretrial Conference set for 10/20/2014 03:00 PM before Judge Stephen V. Wilson., Jury Trial set for 10/28/2014 09:00 AM before Judge Stephen V. Wilson.) (pj)
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Filing 31
ORDER granting Stipulation Extending Time to Answer (30 days or less), #30 , Defendant Mary Hughes answer due 6/19/2014; Xerox Business Services LLC answer due 6/19/2014 by Judge Stephen V. Wilson (pj)
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| Filing 30 STIPULATION Extending Time to Answer the complaint as to The California Department of Health Care Services answer now due 6/19/2014, re Amended Complaint #28 filed by Defendant The California Department of Health Care Services. (Attachments: #1 Proposed Order On Stipulation to Extend Due Date for Defendants to Respond to Second Amended Complaint)(Wrighten, Marie) |
| Filing 29 Joint STIPULATION to Continue Pretrial Conference and Trial Date from June 30, 2014 and July 15, 2014 to December 1, 2014 and January 12, 2015 filed by Defendant Xerox Business Services LLC. (Attachments: #1 Proposed Order)(Christensen, Kent) |
| Filing 28 Second AMENDED COMPLAINT against defendants Does, Mary Hughes, Xerox Business Services LLC amending Amended Complaint #18 , filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc (Easter, Kent) |
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Filing 27
MINUTES (IN CHAMBERS): ORDER re Defendant Mary Hughe's Motion to Dismiss #20 by Judge Stephen V. Wilson: Plaintiff, a health care provider, alleges it has been harmed by the failure of the California Department of Health Care Services (DHCS) to process its claims for reimbursement under Medi-Cal for medical services that plaintiff performed in 2010 and 2011. Plaintiff blames the agency's inaction on a combination of acts and omissions allegedly committed by defendant Mary Hughes (Chief of DHCS's Provider Relations Oversight Unit) and defendant Xerox Business Services, LLC, which serves as a "fiscal intermediary" for DHCS processing Medi-Cal claims. Plaintiff contends that the defendants' behavior has caused its claims to remain in a bureaucratic limbo without eing approved or denies. For the foregoing reasons, the first amended complaint is hereby DISMISSED with leave to amend A second amended complaint, if any, shall be filed not later than Thursday, May 15, 2014. Failure to file an amended complaint by that date will result in dismissal of this action with prejudice. Defendant may file appropriate motions or amended answers no later than twenty-one days after the filing of a second amended complaint. (bp)
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| Filing 26 MINUTES OF #20 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mary Hughes hearing held before Judge Stephen V. Wilson. Court and counsel confer re Motion to Dismiss for Lack of Jurisdiction #20 . For the reasons stated on the record, the Motion is SUBMITTED. Court Reporter: Deborah Gackle. (lom) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Reply Memorandum of Points and Authorities in Support of Defendant Mary Hughes's Motion to Dismiss the Amended Complaint filed by Defendant Mary Hughes. Motion set for hearing on 4/21/2014 at 01:30 PM before Judge Stephen V. Wilson. (Wrighten, Marie) |
| Filing 24 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction #20 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Easter, Kent) |
| Filing 23 SCHEDULING NOTICE by Judge Stephen V. Wilson re: MOTION to Dismiss for Lack of Jurisdiction #20 : Hearing on the motion previously scheduled for 04/07/2014 at 1:30 PM has been rescheduled to 4/21/2014 at 01:30 PM. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY |
| Filing 22 Joint STIPULATION to Continue Hearing on Motion to Dismiss from April 7, 2014 to April 14, 2014 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Proposed Order Continuing Hearing Date)(Easter, Kent) |
| Filing 21 ANSWER to Amended Complaint #18 Jury Trial Demanded filed by Defendant Xerox Business Services LLC.(Christensen, Kent) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mary Hughes. Motion set for hearing on 4/7/2014 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Mary Hughes's Notice of Motion and Motion to Dismiss the Amended Complaint, #2 Proposed Order Granting Defendant Mary Hughes's Motion to Dismiss the Amended Complaint with Prejudice)(Wrighten, Marie) |
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Filing 19
IN CHAMBERS ORDER-TEXT ONLY ENTRY by Judge Stephen V. Wilson: An Amended Complaint having been filed on 02/14/2014, the Motion to Dismiss #15 is deemed moot. The hearing, scheduled for 03/03/2014 at 1:30 PM, is vacated and off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pc) TEXT ONLY ENTRY
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| Filing 18 AMENDED COMPLAINT against Defendants Does, Mary Hughes, Xerox Business Services LLC amending Complaint - (Discovery), #1 , filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc (pj) (pj). |
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Filing 17
CIVIL TRIAL PREPARATION ORDER by Judge Stephen V. Wilson. (pc)
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| Filing 15 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Mary Hughes. Motion set for hearing on 3/3/2014 at 01:30 PM before Judge Stephen V. Wilson. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order Granting Defendant Mary Hughes's Motion to Dismiss with Prejudice)(Wrighten, Marie) |
| Filing 16 MINUTES OF NEW CASE STATUS CONFERENCE held before Judge Stephen V. Wilson. Status conference held. The Court sets the following dates:Pretrial Conference - June 30, 2014 at 3:00 pm; Jury Trial - July 15, 2014 at 9:00 am. Court Reporter: NA. (lom) |
| Filing 14 Joint STIPULATION Extending Time to Answer the complaint as to Mary Hughes answer now due 1/29/2014, filed by Defendant Mary Hughes.(Attorney Marie Leggon Wrighten added to party Mary Hughes(pty:dft))(Wrighten, Marie) |
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Filing 13
ORDER by Judge Stephen V. Wilson, re Stipulation to Continue #12 IT IS HEREBY ORDERED THAT: The initial scheduling conference currently set for January 13, 2014 at 3:00p.m. is continued until January 27, 2014 at 3:00 p.m. (pj)
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| Filing 12 Joint STIPULATION to Continue Initial Scheduling Conference from January 13, 2014 to January 27, 2014 filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc. (Attachments: #1 Proposed Order)(Easter, Kent) |
| Filing 11 NOTICE OF DISMISSAL filed by plaintiff Dual Diagnosis Assessment and Treatment Center Inc pursuant to FRCP 41a(1) as to The California Department of Health Care Services. (Easter, Kent) |
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Filing 10
ORDER SETTING INITIAL STATUS CONFERENCE for 1/13/2014 at 03:00 PM before Judge Stephen V. Wilson. (pc)
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| Filing 9 ANSWER to Complaint - (Discovery), #1 with JURY DEMAND filed by Defendant Xerox Business Services LLC.(Christensen, Kent) |
| Filing 8 NOTICE of Interested Parties identifying Xerox Corporation. (Attorney Kent Roger Christensen added to party Xerox Business Services LLC(pty:dft))(Christensen, Kent) |
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Filing 7
ORDER granting by Judge Stephen V. Wilson Defendant California Department of Health Care Services response to the 5 Complaint is due on December 11, 2013 (pj)
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Filing 6
ORDER granting Stipulation Extending Time to Answer (30 days or less), #5 , Defendant The California Department of Health Care Services answer due 12/11/2013 by Judge Stephen V. Wilson (pj)
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| Filing 5 STIPULATION Extending Time to Answer the complaint as to The California Department of Health Care Services answer now due 12/12/2013, filed by DEFENDANT CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES The California Department of Health Care Services. (Attachments: #1 Proposed Order)(Attorney Marie Leggon Wrighten added to party The California Department of Health Care Services(pty:dft))(Wrighten, Marie) |
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Filing 4
NEW CASE ORDER upon filing of the complaint by Judge Stephen V. Wilson. (pc)
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| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc, identifying Other Affiliate Dr. Edna Miller for Dual Diagnosis Assessment and Treatment Center Inc. (et) (mg). |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Mary Hughes, The California Department of Health Care Services, Xerox Business Services LLC. (et) |
| Filing 1 COMPLAINT against Defendants Mary Hughes, The California Department of Health Care Services, Xerox Business Services LLC, Does 1-25. Case assigned to Judge Stephen V. Wilson for all further proceedings. Discovery referred to Magistrate Judge Victor B. Kenton. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Dual Diagnosis Assessment and Treatment Center Inc.(et) (mg). (Additional attachment(s) added on 9/26/2013: #1 Civil Cover Sheet) (mg). |
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