Almont Ambulatory Surgery Center, LLC et al v. UnitedHealth Group, Inc. et al
| Almont Ambulatory Surgery Center, LLC, Bakersfield Surgery Institute, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC a California limited liability company doing business as Beverly Hills Surgery Center, LLC, Orange Grove Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Valencia Ambulatory Surgery Center, LLC and West Hills Surgery Center, LLC |
| UnitedHealth Group, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, OptumInsight, Inc., Does 1 through 20 and Fox Entertainment Group, Inc. |
| Imperium Medical Services, Inc. |
| Kambiz Benjamin Omidi, Cindy Omidi, Asiatrust Nevis, Asset Management Irrevocable Trusts, Julian Omidi, Combiz Omidi, Kambiz Omidi, Combiz Julian Omidi, Kambiz Beniamia Omidi, Julian C. Omidi, Michael Omidi, M.D., Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., CIRO Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Valley Surgical Center, LLC, Top Surgeons, Inc., Top Surgeons, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, 1 800 Get Thin, LLC, New Life Surgery Center, LLC a California limited liability company doing business as Beverly Hills Surgery Center LLC, Top Surgeons LLC Nevada, Woodlake Ambulatory, Surgery Center Management, Beverly Hills Surgery Center LLC, DEVIDA, USA, LLC, Nahid Omidi, Nahid Pezeshk, Cindy Pezeshk, Property Care Insurance, Inc. and Does 1-200 |
| United States of America |
| 2:2014cv03053 |
| April 21, 2014 |
| US District Court for the Central District of California |
| Michael W Fitzgerald |
| Alexander F MacKinnon |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 25, 2022. A more recent docket listing may be available from PACER.
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Filing 973
Final Report per April 12, 2022 Order (Welden, William)
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Filing 972
STATUS REPORT filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 971
REPORT of Status of Representation filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Welden, William)
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Filing 970
Minute Order filed by Plaintiff Almont Ambulatory Surgery Center, LLC re Motion to Withdraw of (Welden, William)
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Filing 969
MINUTE ORDER (IN CHAMBERS) ORDER VACATING HEARING ON WILLIAM WELDEN'S MOTION TO WITHDRAW AS COUNSEL OF RECORD; ORDER REQUIRING PROOF OF SERVICE, STATUS REPORTS, AND INFORMATION #966 by Judge Michael W. Fitzgerald. The Court is in receipt of William Welden's Motion to Withdraw as Counsel of Record (the Motion), filed April 6, 2022. (Docket No. #966 ). The Court notes that Mr. Welden inexplicably noticed the Motion for hearing on July 11, 2022. That hearing is VACATED. The Court now ORDERS as follows: 1. No later than April 18, 2022, Mr. Welden shall serve a copy of this Order on every entity and party for whom he wishes to withdraw from representation. 2. On or before May 6, 2022, any party who opposes the Motion shall file such Opposition. 3. If no Opposition is filed, on or before May 13, 2022, the nonterminated attorneys of record are ORDERED to review the docketand for each party currently represented by Mr. Welden, file confirmation that he or she continues to represent that party. 4. No later than May 27, 2022, following the filing of confirmation from active counsel, Mr. Welden must file a report. 5. Alternatively, no later than May 27, 2022, new counsel may substitute in for any or all of the parties for whom Mr. Welden seeks to withdraw. Upon the filing of proper proof of service and the information required herein, the Court will permit Mr. Welden to withdraw as counsel for every entity for whom he has entered an appearance in this action. See minute order for details. (lom)
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Filing 968
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #967 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Civil Events - Other Filings - Notices- Notice of Lodging. This document is tendered for the judges approval and should have been submitted as a separate PDF attachment to the Notice of Lodging. Clerk has terminated event created by Proposed Order. 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. (iv)
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Filing 967
[PROPOSED] ORDER filed as] NOTICE OF MOTION AND MOTION for Order for to withdraw as counsel PROPOSED ORDER filed by atty for plaintiff Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 7/11/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Welden, William) Modified on 4/7/2022 (iv).
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Filing 966
NOTICE OF MOTION AND MOTION of William Welden to Withdraw as Attorney filed by atty for plaintiffs Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 7/11/2022 at 10:00 AM before Judge Michael W. Fitzgerald. (Welden, William)
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Filing 965
STATUS REPORT Regarding Stay filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Rowe, Michael)
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Filing 964
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Rowe, Michael)
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Filing 963
STATUS REPORT REGARDING STAY filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 962
STATUS REPORT filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendant UnitedHealth Group, Inc.. (Rowe, Michael)
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Filing 961
STATUS REPORT filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendant UnitedHealth Group, Inc.. (Grant, Michelle)
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Filing 960
Notice of Appearance or Withdrawal of Counsel: for attorney Michelle S Grant counsel for Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Timothy E. Branson 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 OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 959
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 958
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 957
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #955 by Judge Michael W. Fitzgerald. The request of Plaintiffs to substitute William Weldon as attorney of record instead of Francis J. Flynn, Jr. is GRANTED. (iv)
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Filing 956
NOTICE by Judge Michael W. Fitzgerald. The Court cannot process the Request for Approval of Substitution of Attorney #955 filed 5/14/2020 because it has not received the required word-processing version of the proposed Order and attachment by email to mwf_chambers@cacd.uscourts.gov. If the proposed Order is not received within 24 hours, the Request will be stricken. Compliance with the Local Rules and this Court's Procedures and Schedules is mandatory. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 955
REQUEST of Francis Flynn Jr to Withdraw as Attorney filed by Plaintiffs and cross-defendants Almont Ambulatory Surgery Center, LLC. Request set for hearing on 6/15/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order re Francis Flynn Withdrawal) (Welden, William)
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Filing 954
Notice of Appearance or Withdrawal of Counsel: for attorney William B Welden counsel for Counter Defendant Almont Ambulatory Surgery Center, LLC. Adding William Welden as counsel of record for Almont Ambulatory Surgery Center, et al for the reason indicated in the G-123 Notice. Filed by Plaintiffs & Cross-defendants Almont Ambulatory Surgery Center, LLC, and all cross-defendants. (Attorney William B Welden added to party Almont Ambulatory Surgery Center, LLC(pty:cd))(Welden, William)
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Filing 953
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 952
MINUTES (IN CHAMBERS) ORDER RE: MOTION TO WITHDRAW AS COUNSEL OF RECORD #950 by Judge Michael W. Fitzgerald. The Motion is GRANTED. After filing the proof of service, Dean is granted leave withdraw and will be deemed withdrawn as counsel of record. (iv)
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Filing 951
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, Kamille Dean's Motions to Withdraw #948 #950 are taken under submission, the hearing on 3/23/2020 at 10:00 a.m. is VACATED, and no appearances shall be made. If the Court determines that a hearing is necessary, it will be reset at a later date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 950
Second NOTICE OF MOTION AND MOTION to Withdraw NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney Kamille Dean #948 , NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney filed by Counterdefendants Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 3/23/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 949
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Withdraw #948 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 948
NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney Kamille Dean filed by Counterdefendant Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 3/23/2020 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 947
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 946
STATUS REPORT REGARDING STAY filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 945
STATUS REPORT REGARDING STAY filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 944
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 943
STATUS REPORT filed by Counter Claimant OptumInsight, Inc., Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 942
STATUS REPORT Regarding Stay filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 941
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #894 filed by 1 800 Get Thin, LLC, Valley Surgical Center, LLC, Top Surgeons, Inc., Asiatrust Nevis, Orange Grove Surgery Center, LLC, Valencia Ambulatory Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Property Care Insurance, Inc., Top Surgeons, LLC, East Bay Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Cindy Omidi, Surgery Center Management, Almont Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Beverly Hills Surgery Center LLC, Modern Institute of Plastic Surgery & Antiaging, Inc., Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Independent Medical Services, Inc., Michael Omidi, M.D., New Life Surgery Center, LLC, Bakersfield Surgery Institute, LLC, Top Surgeons LLC Nevada, Asset Management Irrevocable Trusts, Kambiz Benjamin Omidi, CIRO Surgery Center, LLC, DEVIDA, USA, LLC. CCA # 18-55603. This appeal is dismissed for failure to prosecute. This order shall act as and for the mandate of this court. (iv)
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Filing 940
ORDER STAYING PROCEEDINGS by Judge Michael W. Fitzgerald. This litigation is stayed pending completion of the trial or other resolution of related criminal charges in United States v. Omidi, et al., Case No. 17-cr-661 against Counterclaim Defendants Julian Omidi, Surgery Center Management, LLC, and Independent Medical Services, Inc. The parties will file a status report in this case every 90 days or upon completion of the trial or resolution of the Criminal Action, whichever is earlier, beginning October 25, 2018. (MD JS-6. Case Terminated) (iv)
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Filing 939
APPLICATION for Extension of Time to File In Camera Declaration filed by Counterclaim Defendants Cindy, Michael, and Julian Omidi Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 938
Joint STIPULATION to Stay Case pending resolution of related criminal charges filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Grant, Michelle)
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Filing 937
MEMORANDUM in Opposition to REQUEST for Review re Minutes of In Chambers Order/Directive - no proceeding held,, #904 #914 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 936
MINUTES (IN CHAMBERS) ORDER RE: COUNTERCLAIM DEFENDANT ASSET MANAGEMENT IRREVOCABLE TRUST AND ASIATRUST NEVIS'S MOTION TO DISMISS COUNT VI OF THE THIRD AMENDED COUNTERCLAIM COMPLAINT AND ANY OTHER ALLEGATIONS AGAINST THE TRUST DEFENDANTS #912 by Judge Michael W. Fitzgerald. The Motion is DENIED. The Trust Counter Defendants shall file Answers to the TACC on or before August 13, 2018. (iv)
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Filing 935
MINUTES (IN CHAMBERS) COURT ORDER TAKING HEARING ON MOTION TO DISMISS #912 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for July 23, 2018, is vacated and taken off calendar. An order will issue. (iv)
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Filing 934
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Request (Motion) for Review (904) #914 is continued to August 13, 2018 at 3:00 p.m. United's Opposition due July 23, and any reply due July 30. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 933
TRANSCRIPT ORDER as to Counterclaim Defendants Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D. for Court Reporter. Court will contact Kamille Dean at kamille@kamilledean.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dean, Kamille)
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Filing 932
RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Case #912 filed by Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts. (Flynn, Francis)
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Filing 931
MINUTES OF APPLICATION OF KAMILLE DEAN TO WITHDRAW #911 before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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Filing 930
ORDER DENYING COUNTER-DEFENDANTS' IN CAMERA AND UNDER SEAL EX PARTE APPLICATION TO FILE DOCUMENTS UNDER SEAL AND IN CAMERA #929 by Judge Michael W. Fitzgerald. Counter-Defendants' In Camera and Under Seal Application for an Order to File Documents In Camera and Under Seal is DENIED without prejudice as discussed by the Court and counsel at the hearing on July 9, 2018. The Application, the Order thereon, and the proposed in camera documents are not to be filed on the docket and shall be returned to counsel for Counter-Defendants. (iv)
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Filing 929
NOTICE of Manual Filing filed by Counter Defendant Kambiz Benjamin Omidi of Notice of Manual Filing for permission to file under seal and in camera. (Dean, Kamille)
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Filing 928
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #912 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 927
MINUTES (IN CHAMBERS) ORDER REGARDING COUNTERCLAIM PLAINTIFFS' MOTION FOR A PROTECTIVE ORDER RE: RULE 30(b)(6) DEPOSITION (ECF NO. 700) by Magistrate Judge Alexander F. MacKinnon. Counterclaim Plaintiffs ("United") have filed a motion for a protective order regarding a Rule 30(b)(6) notice of deposition served by Counterclaim Defendant ("CCD") Independent Medical Services, Inc. Following a hearing before the Court and meet-and-confer efforts of counsel, there are five Matters of Examination ("Matters") from the notice that remain in dispute: 7, 8, 10, 11, and 13. As set forth below, the Court GRANTS IN PART and DENIES IN PART the motion. (See document for further details.) #700 (sbou)
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Filing 926
Joint Report REPORT of JOINT STATUS RE: MOTION FOR A PROTECTIVE ORDER TO RULE 30(B)(6) DEPOSITION filed by Counter Defendant Independent Medical Services, Inc.. (Flynn, Francis)
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Filing 925
OPPOSITION to Amended APPLICATION of Kamille Dean to Withdraw as Attorney #916 , APPLICATION of Kamille Dean to Withdraw as Attorney f #915 , APPLICATION of Kamille Dean to Withdraw as Attorney for Julian Omidi #911 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 924
ANSWER to Amended Counterclaim,,,,, #531 JURY DEMAND. filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory.(Flynn, Francis)
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Filing 923
ORDER RE: WITHDRAWAL OF "CROSS CLAIMS" AGAINST UNITED #922 by Judge Michael W. Fitzgerald. All "Cross Claims" against United asserted in corporate Counterclaim Defendants' Joint Amended Answer to Third Amended Counterclaim and Cross Complaint Against Counterclaim Plaintiffs and the United States of America, Dkt. 898, are deemed withdrawn as of the date of this Order. Corporate Counterclaim Defendants have until June 15, 2018 to file a Second Amended Joint Answer. (iv)
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Filing 922
STIPULATION to Strike Answer to Complaint,,,, #898 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Grant, Michelle)
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Filing 921
AFFIDAVIT by affiant: Kamille Dean re Amended APPLICATION of Kamille Dean to Withdraw as Attorney #916 , APPLICATION of Kamille Dean to Withdraw as Attorney f #915 , APPLICATION of Kamille Dean to Withdraw as Attorney for Julian Omidi #911 filed by Counter Defendants Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D. (Dean, Kamille)
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Filing 920
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon Plaintiff's MOTION for Protective Order for Rule 30(B)(6) Deposition #700 : Parties to file a further status report no later than 6/20/18 that shall advise the Court (i) of their meet and confer efforts regarding the Motion; (ii) whether any issues in the Motion remain in dispute between the parties; and (iii) what the parties' respective positions are regarding any remaining disputed issues. (See document for details). (ib)
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Filing 919
RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Motion #912 , Request #914 by Judge Michael W. Fitzgerald. The document is accepted as filed. Any future non-compliance with the Local Rules may result in documents being stricken from the record. Counsel must be familiar with the Local Rules (specifically, in these instances, LR 5-4.4 and 52.4). The Local Rules and online training are available on the Court's website. (iv)
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Filing 918
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request for Review #914 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 917
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion to Dismiss Case #912 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 916
Amended APPLICATION of Kamille Dean to Withdraw as Attorney filed by Counterclaim Defendant Kambiz Benjamin Omidi. Application set for hearing on 7/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 915
APPLICATION of Kamille Dean to Withdraw as Attorney f filed by Counterclaim Defendants Dr. Michael Omidi and Cindy Omidi Cindy Omidi, Michael Omidi, M.D.. Application set for hearing on 7/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 914
REQUEST for Review re Minutes of In Chambers Order/Directive - no proceeding held,, #904 filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Request set for hearing on 7/23/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Flynn, Francis)
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Filing 913
MINUTES (IN CHAMBERS): Order re In Camera Review of Documents from Dr. Ryan A.Stanton by Magistrate Judge Alexander F. MacKinnon. Counterdefendant Modern Institute of Plastic Surgery and Aging, Inc. ("Modern Institute") was ordered to file a declaration by May 21, 2018 setting out any facts that would provide a basis for a claim of privilege over a draft Stock Transfer Agreement from the production of Dr. Ryan A. Stanton ("Dr. Stanton"). See ECF No. 881 at 2. Modern Institute has not filed the required declaration. Accordingly, the Court finds that the draft Stock Transfer Agreement is not covered by the attorney-client privilege or the work product doctrine and may not be withheld from production by Dr. Stanton on either of those grounds. (sbou)
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Filing 912
NOTICE OF MOTION AND MOTION to Dismiss Case filed by Trust Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts. Motion set for hearing on 7/23/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Flynn, Francis)
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Filing 911
APPLICATION of Kamille Dean to Withdraw as Attorney for Julian Omidi filed by Counterclaim Defendant Julian Omidi Kambiz Benjamin Omidi. Application set for hearing on 7/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 910
ORDER TO EXTEND TIME TO FILE RESPONSE TO COUNTERCLAIM DEFENDANTS CROSSCLAIMS AGAINST UNITED #909 by Judge Michael W. Fitzgerald:The time by which United must file its initial motion to strike the cross claims identified in Counterclaim Defendants Joint Amended Answer to Third Amended Counterclaim and Cross Complaint Against Counterclaim Plaintiffs and the United States of America, Dkt. 898, is extended from June 4, 2018 to June 14, 2018.2. Should this Court deny Uniteds Motion to Strike, United will be permitted to file a motion to dismiss the cross claims based upon a briefing schedule to be determined. (lc)
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Filing 909
NOTICE OF ERRATA filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. correcting Stipulation Extending Time to Answer (30 days or less), #908 (Grant, Michelle)
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Filing 908
Joint STIPULATION Extending Time to Answer the complaint as to OptumInsight, Inc. answer now due 6/4/2018; UnitedHealthcare Insurance Company answer now due 6/4/2018; United Healthcare Services, Inc. answer now due 6/4/2018, re Answer to Complaint,,,, #898 filed by Counterclaim Plaintiffs OptumInsight, Inc.; UnitedHealthcare Insurance Company; United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Grant, Michelle)
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Filing 907
MINUTES (IN CHAMBERS) ORDER RE: SEVERENCE OF COUNTER DEFENDANTS' CROSS-CLAIM AGAINST THE UNITED STATES by Judge Michael W. Fitzgerald. On May 14, 2018, Counter Defendants filed a new pleading titled "Counterclaim Defendants' Joint Amended Answer to Third Amended Counterclaim and Cross- Complaint Against Counterclaim Plaintiffs and the United States of America" #898 . Accordingly, the Court hereby SEVERS the Counter Defendants' cross-claim against the government, which is styled in the Amended Pleading as the "Seventh Claim". The Clerk shall treat this Order as a Notice of Related Case between the severed cross-claim and No. CV 15-389-ODW(VBKx), Local Rule 83-1.3.1, and a Notice of Pendency of Other Actions or Proceedings between the severed cross-claim and No. CR 17-661-DMG, Local Rule 83-1.4. If neither the district court in In re Seizure nor the district court in Omidi accepts the severed cross-claim as a related case, then the Clerk shall randomly reassign the severed cross-claim. (iv)
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Filing 906
NOTICE OF OBJECTION RE: CORPORATE COUNTERDEFENDANTS PRODUCTION OF DISCOVERY filed by Counterclaim Defendant Kambiz Benjamin Omidi. (Dean, Kamille)
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Filing 905
MINUTE ORDER (IN CHAMBERS) Order re Improper Submission of CD by Magistrate Judge Alexander F. MacKinnon. The Court has received from Francis J. Flynn, Esq. (counsel for the corporate Counterclaim Defendants), a letter dated May 17, 2018, with an enclosed CD. Unless and until the appropriate procedures have been followed for raising this potential discovery dispute, the Court will not make any review of the contents of the CD. (See document for further details.) (sbou)
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Filing 904
MINUTE ORDER (IN CHAMBERS) ORDER REGARDING COUNTERCLAIM DEFENDANTS' MOTION TO COMPEL (ECF NO. 697) by Magistrate Judge Alexander F. MacKinnon. The Court GRANTS IN PART and DENIES IN PART the motion to compel relating to these documents. The Court denies CCDs' request for sanctions because United prevailed on some of the issues raised in the joint stipulation and United's positions on the other issues did not lack substantial justification. In addition, the interests of justice would not be furthered by an award of sanctions in these circumstances. (See document for further details.) #697 . (sbou)
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Filing 903
MINUTES (IN CHAMBERS) ORDER RE: ASSET MANAGEMENT IRREVOCABLE TRUST AND ASIATRUST NEVIS'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO QUASH SERVICE OF PROCESS #853 by Judge Michael W. Fitzgerald. The Motion is DENIED. The Trust Counter Defendants shall file Answers to the TACC on or before June 4, 2018. (iv)
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Filing 902
NOTICE OF FILING TRANSCRIPT filed for proceedings 3/19/2018; 1:35 p.m. re Transcript #901 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
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Filing 901
TRANSCRIPT for proceedings held on 3/19/2018; 1:35 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 6/11/2018. Redacted Transcript Deadline set for 6/21/2018. Release of Transcript Restriction set for 8/20/2018. (at)
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Filing 900
MINUTES OF MOTION TO DISMISS #853 held before Judge Michael W. Fitzgerald: Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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Filing 899
EXHIBIT Filed filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. as to Answer to Complaint,,,, #898 . (Flynn, Francis)
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Filing 898
ANSWER to Amended Counterclaim,,,,, #531 JURY DEMAND. filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory.(Flynn, Francis)
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Filing 897
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #894 filed by 1 800 Get Thin, LLC, Valley Surgical Center, LLC, Top Surgeons, Inc., Asiatrust Nevis, Orange Grove Surgery Center, LLC, Valencia Ambulatory Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Property Care Insurance, Inc., Top Surgeons, LLC, East Bay Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Cindy Omidi, Surgery Center Management, Almont Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Beverly Hills Surgery Center LLC, Modern Institute of Plastic Surgery & Antiaging, Inc., Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Independent Medical Services, Inc., Michael Omidi, M.D., New Life Surgery Center, LLC, Bakersfield Surgery Institute, LLC, Top Surgeons LLC Nevada, Asset Management Irrevocable Trusts, Kambiz Benjamin Omidi, CIRO Surgery Center, LLC, DEVIDA, USA, LLC. CCA # 18-55603. A review of the record suggests that the court may lack jurisdiction over this appeal because district courts order denying the motion for a stay of proceedings may not be tantamount to the denial of a preliminary injunction. Within 21 days after the date of this order, appellants shall move for voluntary dismissal of the appeal or show cause why it should not be dismissed for lack of jurisdiction. If appellant elects to show cause, a response may be filed within 10 days after service of the memorandum. (car)
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Filing 896
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-55603 assigned to Notice of Appeal to 9th Circuit Court of Appeals #894 as to Counter Defendants Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Instit ute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Ce nter, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (jp)
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Filing 895
REPLY NOTICE OF MOTION AND MOTION to Dismiss DISMISS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO QUASH SERVICE OF PROCESS NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #853 filed by Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts. (Flynn, Francis)
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Filing 894
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Appeal of Order on Motion to Stay Case,,, #849 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-21705136.) (Flynn, Francis)
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Filing 893
ORDER RE: EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE COUNTERCLAIMS, THIRD PARTY CLAIMS AND CROSS CLAIMS #883 ; SUPPLEMENTAL EX PARTE APPLICATION #885 by Judge Michael W. Fitzgerald: The Application and the Supplemental Application are DENIED as moot. To the extent the Application is seeking additional relief for the separate filing of counterclaims or cross-claims, it is DENIED. IT IS SO ORDERED. (rfi)
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Filing 892
NOTICE OF ERRATA filed by Counter Defendants Cindy Omidi, Michael Omidi, M.D.. correcting Answer to Counterclaim #886 (Dean, Kamille)
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Filing 891
MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Time to File Answer to 5/14/2018 re Amended Counterclaim,,,,, #531 #883 , EX PARTE APPLICATION to Supplement EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE COUNTERCLAIMS, THIRD PARTY CLAIMS AND CROSS CLAIMS re EX PARTE APPLICATION to Extend Time to File Answer to 5/14/2018 re Amended Counterclaim,,,,, #531 #883 #885 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 890
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Counterclaim #888 . The following error(s) was/were found: Amended Answer seems to be a duplicate filing of Answer at Docket 886; however the captions differ. 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. (iv)
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Filing 889
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION #885 . The following error(s) was/were found: Proposed Order not submitted herewith. Stipulations for extension of time as to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings require approval by the judge, Local Rule 8-3. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 888
ANSWER to Amended Counterclaim,,,,, #531 with JURY DEMAND filed by counter-claim defendants Cindy Omidi, Michael Omidi, M.D..(Dean, Kamille)
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Filing 887
ANSWER to Amended Counterclaim,,,,, #531 JURY DEMAND. filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory.(Flynn, Francis)
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Filing 886
ANSWER to Amended Counterclaim,,,,, #531 with JURY DEMAND filed by counter-claim defendants Cindy Omidi, Michael Omidi, M.D..(Dean, Kamille)
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Filing 885
EX PARTE APPLICATION to Supplement EX PARTE APPLICATION FOR EXTENSION OF TIME TO FILE COUNTERCLAIMS, THIRD PARTY CLAIMS AND CROSS CLAIMS re EX PARTE APPLICATION to Extend Time to File Answer to 5/14/2018 re Amended Counterclaim,,,,, #531 #883 filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Flynn, Francis)
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Filing 884
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION #883 . The following error(s) was/were found: Proposed Order not submitted herewith. Stipulations for extension of time as to cross-claims, counterclaims, third-party complaints or any amended or supplemental pleadings require approval by the judge, Local Rule 8-3. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 883
EX PARTE APPLICATION to Extend Time to File Answer to 5/14/2018 re Amended Counterclaim,,,,, #531 filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Flynn, Francis)
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Filing 882
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss DISMISS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO QUASH SERVICE OF PROCESS NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #853 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant with Exhibits A-I)(Grant, Michelle)
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Filing 881
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon REGARDING IN CAMERA REVIEW OF DOCUMENTS FROM DR. RYAN A. STANTON. (See document for details). (ib)
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Filing 880
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #879 by Judge Michael W. Fitzgerald. The request of Julian Omidi to substitute Kamille Dean as attorney of record instead of Robert J. RIce is GRANTED. (iv)
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Filing 879
REQUEST of Robert J. Rice to Withdraw as Attorney filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Proposed Order) (Rice, Robert)
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Filing 878
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR REVIEW OF, AND OBJECTIONS TO, ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS #816 by Judge Michael W. Fitzgerald. The Motion is DENIED and Counter Defendants' objections are OVERRULED. (iv)
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Filing 877
MINUTES (IN CHAMBERS) ORDER RE: REQUEST FOR REVIEW OF, AND OBJECTIONS TO, MEMORANDUM OPINION AND ORDER RE: IMPERIUM AND PRODUCTION OF DOCUMENTS FROM THE NEXTECH DATABASE #807 by Judge Michael W. Fitzgerald. The Motion is DENIED and corporate Counter Defendants' objections are OVERRULED. The Court declines Counter Defendants' invitation to hold a new evidentiary hearing. (iv)
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Filing 876
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #758 Counter Defendants' Motion for Protective Order Seeking Discovery Cost Shifting. (See document for details). (ib)
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Filing 875
TRANSCRIPT ORDER as to Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company for Court Smart (CS). Court will contact Linda Skwiera at skwiera.linda@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Grant, Michelle)
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Filing 874
TRANSCRIPT ORDER as to Counterclaim Defendants Cindy Omidi, Michael Omidi, M.D. for Court Smart (CS). Court will contact Kamille Dean at kamille@kamilledean.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Dean, Kamille)
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Filing 873
MINUTES OF REQUEST/MOTION FOR REVIEW OF MAGISTRATE JUDGE'S ORDER DKT. 783 #807 ; REQUEST FOR REVIEW OF ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS DKT 786 #816 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Anne Kielwasser. (iv)
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Filing 872
REPLY Reply in Support of a Motion REQUEST for Review of ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS [DKT 786] re Minutes of In Chambers Order/Directive - no proceeding held,, #786 #816 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Flynn, Francis)
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Filing 871
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #633 , CCA # 17-56763. The judgment of the 9th Circuit Court, entered March 27, 2018, 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 #838 DISMISSED.] (mat)
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Filing 870
MINUTE (IN CHAMBERS) ORDER GRANTING GOVERNMENT'S APPLICATION FOR A PROTECTIVE ORDER; VACATING APRIL 24, 2018 HEARING by Magistrate Judge Alexander F. MacKinnon re: EX PARTE APPLICATION for Order #740 . The Court grants the Government's application and will separately enter the protective order submitted by the Government. (see order for details) (hr)
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Filing 869
PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon re EX PARTE APPLICATION for Order #740 . (see order for details) (hr) Modified on 4/18/2018 (hr).
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Filing 868
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #865 by Judge Michael W. Fitzgerald. The request of Cindy Omidi Counterclaim Defendant to substitute Kamille Dean as attorney of record instead of Robert A. Kashfian, Ryan D. Kashfian and Olga Y. Bryan is GRANTED. (iv)
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Filing 867
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #864 by Judge Michael W. Fitzgerald. The request of DEVIDA, USA, LLC and Property Care Insurance, Inc Counterclaim Defendants to substitute Francis J. Flynn, Jr. as attorney of record instead of Robert A. Kashfian, Ryan D. Kashfian and Olga Y. Bryan is GRANTED. (iv)
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Filing 866
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #863 by Judge Michael W. Fitzgerald. The request of DEVIDA, USA, LLC and Property Care Insurance, Inc Counterclaim Defendants to substitute Francis J. Flynn, Jr. as attorney of record instead of Robert A. Kashfian, Ryan D. Kashfian and Olga Y. Bryan is GRANTED. (iv)
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Filing 865
REQUEST of Ryan D. Kashfian, Robert A. Kashfian, Olga Y. Bryan of Kashfian & Kashfian LLP to Withdraw as Attorney for Counter Defendant Cindy Omidi filed by Counter Defendant Cindy Omidi. (Attachments: #1 Proposed Order) (Kashfian, Robert)
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Filing 864
NOTICE OF MOTION AND MOTION TO SUBSTITUTE ATTORNEY Francis Flynn in place of attorney Kashfian & Kashfian, LLP, Robert A. Kashfian, Ryan D. Kashfian, and Olga Y. Bryan filed by CounterClaim Defendant Property Care Insurance, Inc.. (Flynn, Francis)
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Filing 863
NOTICE OF MOTION AND MOTION TO SUBSTITUTE ATTORNEY Francis Flynn in place of attorney Kashfian & Kashfian, LLP, Robert A. Kashfian, Ryan D. Kashfian, and Olga Y. Bryan filed by CounterClaim Defendant DEVIDA, USA, LLC. (Flynn, Francis)
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Filing 862
OPPOSITION to EX PARTE APPLICATION for Order for the Protection of Materials Made Accessible by Intervenor United States of America, Including Confidential Health Information #740 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Flynn, Francis)
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Filing 861
NOTICE of Appearance filed by attorney Francis J Flynn, Jr on behalf of Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiffs Almont Ambulatory Surgery Center, LLC, Bakersfield Surgery Institute, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Valencia Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC (Attachments: #1 Exhibit A, CounterClaim Defendants)(Attorney Francis J Flynn, Jr added to party 1 800 Get Thin, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Almont Ambulatory Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Almont Ambulatory Surgery Center, a medical corporation(pty:cd), Attorney Francis J Flynn, Jr added to party Bakersfield Surgery Institute, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Bakersfield Surgery Institute, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party Bakersfield Surgery Institute, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Beverly Hills Surgery Center LLC(pty:cd), Attorney Francis J Flynn, Jr added to party CIRO Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party DEVIDA, USA, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party East Bay Ambulatory Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Independent Medical Services, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Independent Medical Services, Inc.(pty:pla), Attorney Francis J Flynn, Jr added to party Modern Institute of Plastic Surgery & Antiaging, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Modern Institute of Plastic Surgery & Antiaging, Inc.(pty:pla), Attorney Francis J Flynn, Jr added to party New Life Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party New Life Surgery Center, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party Orange Grove Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Orange Grove Surgery Center, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party Palmdale Ambulatory Surgery Center, a medical corporation(pty:cd), Attorney Francis J Flynn, Jr added to party Property Care Insurance, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party San Diego Ambulatory Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party San Diego Ambulatory Surgery Center, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc.(pty:pla), Attorney Francis J Flynn, Jr added to party Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Surgery Center Management(pty:cd), Attorney Francis J Flynn, Jr added to party Top Surgeons LLC Nevada(pty:cd), Attorney Francis J Flynn, Jr added to party Top Surgeons, Inc.(pty:cd), Attorney Francis J Flynn, Jr added to party Top Surgeons, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Valencia Ambulatory Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Valencia Ambulatory Surgery Center, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party Valley Surgical Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party West Hills Surgery Center, LLC(pty:pla), Attorney Francis J Flynn, Jr added to party West Hills Surgery Center, LLC(pty:cd), Attorney Francis J Flynn, Jr added to party Woodlake Ambulatory(pty:cd))(Flynn, Francis)
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Filing 860
NOTICE of Appearance filed by attorney Francis J Flynn, Jr on behalf of Plaintiff Almont Ambulatory Surgery Center, LLC (Attachments: #1 Exhibit A, Name of Parties)(Attorney Francis J Flynn, Jr added to party Almont Ambulatory Surgery Center, LLC(pty:pla))(Flynn, Francis)
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Filing 859
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OF ATTORNEY #854 by Judge Michael W. Fitzgerald. The Court orders the request of Asset Management Irrevocable Trusts; Asiatrust Nevis to substitute Francis J. Flynn, Jr. as attorney of record instead of Kamille Dean is GRANTED. (iv)
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Filing 858
MINUTES (IN CHAMBERS) REQUEST FOR CLERK TO ENTER DEFAULT AGAINST COUNTERCLAIM DEFENDANTS ASIATRUST NEVIS, ASSET MANAGEMENT IRREVOCABLE TRUST #819 ; MOTION FOR SUBSTITUTION OF COUNSEL #854 by Judge Michael W. Fitzgerald. The Request for Clerk to Enter Default is DENIED, and the Objection to entry of default is OVERRULED as moot. The Motion for Substitution is GRANTED. Mr. Flynn is now counsel of record for Counter Defendants AsiaTrust Nevis and Asset Management Irrevocable Trust. AsiaTrust Nevis and Asset Management Irrevocable Trusts response to the TACC in the form of a motion challenging personal jurisdiction, was filed on April 10, 2018. That motion will be briefed according to the local rules, and heard on May 21, 2018, at 10:00 a.m. (iv)
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Filing 857
MINUTES (IN CHAMBERS) ORDER RE: MOTIONS TO WITHDRAW #757 #764 by Judge Michael W. Fitzgerald. Accordingly, the Motion is GRANTED as to both Mr. Diamond and Ms. Dean. Mr. Diamond is GRANTED LEAVE to withdraw and is no longer counsel of record for any party in this action. Ms. Dean is GRANTED LEAVE to withdraw and is no longer counsel of record for the corporate Counter Defendants, though she remains counsel of record for Julian, Michael, and Cindy Omidi. Mr. Flynn is ORDERED to enter an appearance on behalf of the Counter Defendants on or before April 13, 2018. Robert Rice and Imre Ilyes are ORDERED to file Requests for Substitution of Counsel on or before April 24, 2018. If they fail to do so, the Court will issue an Order to Show Cause as to why sanctions should not issue. (iv)
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Filing 856
MINUTES (IN CHAMBERS) ORDER RE: MOTIONS TO DISMISS #704 #705 #706 #707 #708 #709 #710 #729 by Judge Michael W. Fitzgerald. Accordingly, Motions are DENIED. The moving Counter Defendants shall file Answers to the TACC on or before April 30, 2018. (iv)
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Filing 855
MINUTES OF MOTION TO DISMISS [704 - 710] #727 #729 ; MOTION BY KAMILLE DEAN, COUNSEL FOR COUNTER-DEFENDANTS, TO BE RELIEVED AS COUNSEL PURSUANT TO L.R. 83-2.9.2.1. #757 held before Judge Michael W. Fitzgerald. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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Filing 854
NOTICE OF MOTION AND MOTION to Substitute attorney Francis Flynn in place of attorney Kamille Dean filed by ASSET MANAGEMENT IRREVOCABLE TRUST and ASIATRUST NEVIS Asiatrust Nevis. (Flynn, Francis)
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Filing 853
NOTICE OF MOTION AND MOTION to Dismiss DISMISS FOR LACK OF PERSONAL JURISDICTION AND MOTION TO QUASH SERVICE OF PROCESS , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by ASSET MANAGEMENT IRREVOCABLE TRUST and ASIATRUST NEVIS Asiatrust Nevis. Motion set for hearing on 5/21/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attorney Francis J Flynn, Jr added to party Asiatrust Nevis (pty:cd)) (Flynn, Francis)
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Filing 852
REPLY In Support of Request for Review REQUEST for Review of Magistrate Judge's Order Dkt. 783 re Memorandum & Opinion,, #783 #807 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 851
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II : On March 27, 2018 docket no. 835 text displays as a Request to Disqualify Judge Michael Fitzgerald. In fact, it is the declaration of counsel which indicates that it is being submitted for recusal of Judge Michael Fitzgerald pursuant to 28 USC 455 & 144, etc. The declaration recaps the long and tortured history of this case, but does not contain a memorandum of points and authorities, nor give notice of a hearing date. It is not a motion. Likewise, no referral #839 should have been made and finally, the order issued by Judge Wright #848 was premature and should not have issued. It is ordered that the referral #839 as well as the order issued by Judge Wright #848 be stricken from the docket. If and when an actual motion is filed, then we will proceed accordingly. (lc)
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Filing 850
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Companyto Objection/Opposition (Motion related), #833 (Grant, Michelle)
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Filing 849
MINUTES (In Chambers): ORDER RE: MOTION FOR STAY PENDING PARALLEL CRIMINAL PROCEEDINGS #788 by Judge Michael W. Fitzgerald. For the reasons discussed below, the Motion is GRANTED in part. The Motion is GRANTED as to Counter Defendant Julian Omidi only. Until the Criminal Action in which Mr. Omidi is indicted is resolved as to him or until this Court orders otherwise, Mr. Omidi shall not be deposed or served with interrogatories in his individual capacity. Any invocation of his Fifth Amendment rights that Mr. Omidi makes in this action shall not give rise to any negative inferences until this Court orders otherwise. Nothing in this stay shall effect any prior discovery order of the Magistrate Judge. The Motion is DENIED as to all other Counter Defendants in this action. Accordingly, the Motion is GRANTED in part, as described above.IT IS SO ORDERED. (lom)
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Filing 847
ORDER RE: UNOPPOSED EX PARTE MOTION TO CONTINUE HEARING ON USA'S MOTION FOR PROTECTIVE ORDER AND TO EXTEND TIME FOR COUNTER-DEFENDANTS TO FILE A REPLY TO THE USA'S RESPONSE IN SUPPORT OF APPLICATION FOR PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon. #846 (sbou)
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Filing 846
EX PARTE APPLICATION for Enlargement of Time to File REPLY TO USAS RESPONSE IN SUPPORT OF APPLICATION FOR PROTECTIVE ORDER (DKT. 768) , UNOPPOSED BY THE USA, filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 845
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Motions to Dismiss #704 #705 #706 #707 [708 #709 #710 #727 #729 and the Motion to Be Relieved as Counsel #757 are continued to Tuesday, April 10, 2018 at 10:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 844
NOTICE AMENDED NOTICE OF PENDING FILING OF SUPPORTING MEMORANDUM AND UPDATED DECLARATION DUE TO NEW INFORMATION RE: DECLARATION OF KAMILLE DEAN FOR THE DISQUALIFICATION OF MICHAEL FITZGERALD filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 843
MEMORANDUM in Opposition to REQUEST for Review of Magistrate Judge's Order Dkt. 783 re Memorandum & Opinion,, #783 #807 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 842
MEMORANDUM in Opposition to REQUEST for Review of ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS [DKT 786] re Minutes of In Chambers Order/Directive - no proceeding held,, #786 #816 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 848
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: ORDER DENYIING COUNTERCLAIM DEFENDANTS NOTICE OF CONFLICTS OF INTEREST WARRANTING IMMEDIATE RECUSAL OF JUDGE MICHAEL W. FITZGERALD, SUA SPONTE #797 . (lc) Modified on 4/9/2018 (lc).(STRICKEN PER 4/9/2018 MINUTES)
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Filing 841
JOINT STIPULATION to MOTION for Protective Order for Cost Shifting and Undue Burden #758 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Declaration Declaration of Kamille Dean)(Dean, Kamille)
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Filing 840
NOTICE Notice of Pending Filing of Memorandum and New Declaration due to New Evidence filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 839
REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 16-05 and Local Rule 72-5 REQUEST to Disqualify Judge Judge Michael Fitzgerald #835 is referred to Judge Otis D. Wright, II for determination. (rn) Modified on 4/9/2018 (lc). (STRICKEN PER 4/9/2018 MINUTES)
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Filing 838
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #633 . CCA # 17-56763. Appeal DISMISSED. (iv)
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Filing 837
MINUTES OF MOTION TO STAY #788 held before Judge Michael W. Fitzgerald. Case called, and counsel state their appearances. The Court hears from counsel and takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. (iv)
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Filing 836
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Declaration of Kamille Dean #835 . The following error(s) was/were found: Incorrect document is attached to the docket entry. A request event was used, however, the document attached is a Declaration of Counsel. 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. (iv)
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Filing 835
REQUEST to Disqualify Judge Judge Michael Fitzgerald filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 834
NOTICE OF ERRATA filed by Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. correcting Objection/Opposition (Motion related), #832 (Dean, Kamille)
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Filing 833
Objection to request to default Trusts, and request to join Motions to Dismiss or in the alternative File an Answer to the Complaint OPPOSITION TO re: REQUEST for Clerk to Enter Default against Counterclaim Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts #819 filed by Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Dean, Kamille)
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Filing 832
***STRICKEN*** Objection to request to default Trusts, and request to join Motions to Dismiss or in the alternative File an Answer to the Complaint In Opposition to re: REQUEST for Clerk to Enter Default against Counterclaim Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts #819 filed by Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Dean, Kamille) Modified on 3/27/2018 per #834 (iv).
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Filing 831
NOTICE OF ERRATA filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff Independent Medical Services, Inc.. correcting MOTION for Protective Order for Cost Shifting and Undue Burden #758 (Dean, Kamille)
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Filing 830
NOTICE of Appearance filed by attorney Kamille Rae Dean on behalf of Counter Defendants Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D. (Dean, Kamille)
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Filing 829
NOTICE of Appearance filed by attorney Kamille Rae Dean on behalf of Counter Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts (Attorney Kamille Rae Dean added to party Asiatrust Nevis (pty:cd), Attorney Kamille Rae Dean added to party Asset Management Irrevocable Trusts(pty:cd))(Dean, Kamille)
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Filing 828
NOTICE OF ERRATA filed by Counter Defendants Independent Medical Services, Inc., San Diego Ambulatory Surgery Center, LLC. correcting Reply (Motion related) #822 (Dean, Kamille)
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Filing 827
REPLY in support of motion to withdraw filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 826
REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 825
REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendant CIRO Surgery Center, LLC. (Dean, Kamille)
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Filing 824
REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendants Independent Medical Services, Inc., San Diego Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 823
REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendant Surgery Center Management. (Dean, Kamille)
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Filing 822
***STRICKEN*** REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendants Independent Medical Services, Inc., San Diego Ambulatory Surgery Center, LLC. (Dean, Kamille) Modified on 3/27/2018 per #828 (iv).
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Filing 821
REPLY In Opposition to United's Response to the Motion to Dismiss filed by Counter Defendants Orange Grove Surgery Center, LLC, Valencia Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 820
NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Counterclaim Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts #819 . The Clerk cannot enter the requested relief as: Clerk is NOT authorized to process Default, due to the complexities in the service of summons and complaint of corporation in foreign country. Request for Entry of Default has been forwarded to the assigned Judge. (iv)
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Filing 819
REQUEST for Clerk to Enter Default against Counterclaim Defendants Asiatrust Nevis, Asset Management Irrevocable Trusts filed by Counter Plaintiffs OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc.. (Grant, Michelle)
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Filing 818
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Request for Review of Order Determining the Amount of Monetary Sanctions to be Paid by the Provider at docket 786 #816 is set for hearing on April 23, 2018 at 10:00 AM, with Opposition brief due April 2, 2018 and the Reply brief due April 9, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 817
MINUTES (IN CHAMBERS) ORDER DENYING JULIAN OMIDI, SURGERY CENTER MANAGEMENT LLC, AND INDEPENDENT MEDICAL SERVICES LLC'S EX PARTE APPLICATION TO FILE IN CAMERA EXHIBIT A TO THE DECLARATION OF KAMILLE DEAN IN DKT. 812 #814 by Judge Michael W. Fitzgerald. The Application is DENIED. The Court has not received the letter that is the subject of this Application, but if it does, it will return the letter to Ms. Dean per her request. (iv)
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Filing 816
REQUEST for Review of ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS [DKT 786] re Minutes of In Chambers Order/Directive - no proceeding held,, #786 filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 815
MEMORANDUM in Opposition to EX PARTE APPLICATION for Leave for In Camera Review #814 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant with Exhibit A)(Grant, Michelle)
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Filing 814
EX PARTE APPLICATION for Leave for In Camera Review filed by Counter Defendants Independent Medical Services, Inc., Kambiz Benjamin Omidi, Surgery Center Management. (Attachments: #1 Declaration Declaration of Kamilled Dean, #2 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 813
NOTICE OF ERRATA filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. correcting Reply (Motion related),,,, #811 (Dean, Kamille)
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Filing 812
REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Complete of Criminal Case 17-cr-00661 #788 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 811
REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending Complete of Criminal Case 17-cr-00661 #788 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 809
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Request/Motion for Review of Magistrate Judge's Order Docket 783 #807 is set for hearing on April 23, 2018 at 10:00 AM, with Opposition brief due April 2, 2018 and the Reply brief due April 9, 2018. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 808
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Request #807 . The following error(s) was/were found: Proposed order not submitted pursuant to Local Rule 52-4.1. A Word or Wordperfect version of the proposed order should also be emailed to the chambers generic email address. See Local Rule 5-4.4.1- Electronic Lodging of Proposed Orders. 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. (iv)
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Filing 810
MINUTES OF Motion Hearing held before Magistrate Judge Alexander F. MacKinnon re 1)MOTION OF COUNTERCLAIM DEFENDANTS FOR A PROTECTIVE ORDER #758 and 2) MOTION OF COUNTERCLAIM PLAINTIFFS FOR A PROTECTIVE ORDER #700 : The motions are submitted. The parties are directed to meet and confer with regard to issues relating to the motions. They shall file a joint report advising the court of the results of their meet and confer efforts by 3/29/18. Recorded on Courtsmart. (ib)
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Filing 807
REQUEST for Review of Magistrate Judge's Order Dkt. 783 re Memorandum & Opinion,, #783 filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 806
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Complete of Criminal Case 17-cr-00661 #788 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 805
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Stay Case pending Complete of Criminal Case 17-cr-00661 #788 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 804
MINUTES (IN CHAMBERS) ORDER RE: COUNTERCLAIM DEFENDANTS' NOTICE OF CONFLICTS OF INTEREST WARRANTING IMMEDIATE RECUSAL ON THE COURTS OWN MOTION IN LIEU OF A NOTICED MOTION FOR DISQUALIFICATION #797 by Judge Michael W. Fitzgerald. The Court has read and considered the Notice and, for the reasons set forth below, DECLINES to recuse itself. The Request for Judicial Notice is GRANTED. (iv)
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Filing 803
MINUTES (IN CHAMBERS) ORDER RE EX PARTE APPLICATION TO EXTEND TIME TO FILE REQUEST FOR REVIEW #798 by Judge Michael W. Fitzgerald. The Application is DENIED. The Court will allow the Motion for Review of the Imperium/NexTech Order, due today, to be filed on March 19, 2018. All other deadlines and hearing dates will remain the same. (iv)
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Filing 802
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF COUNTERCLAIM DEFENDANTS NOTICE OF CONFLICTS OF INTEREST WARRANTING IMMEDIATE RECUSAL ON THE COURTS OWN MOTION IN LIEU OF A NOTICED MOTION FOR DISQUALIFICATION (DKT. 797) filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 801
MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION for Extension of Time to File To File Motions for Review #798 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 800
REQUEST FOR JUDICIAL NOTICE re MOTION for Protective Order for Rule 30(B)(6) Deposition #700 and to Counterclaim Defendants' Motion to Compel Production of Documents (DKT. 697) filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 799
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Motion to Stay Case #788 is continued to March 27, 2018 at 10:00 AM before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 798
Emergency EX PARTE APPLICATION for Extension of Time to File To File Motions for Review filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 797
NOTICE NOTICE OF CONFLICTS OF INTEREST WARRANTING IMMEDIATE RECUSAL ON THE COURTS OWN MOTION IN LIEU OF A NOTICED MOTION FOR DISQUALIFICATION filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille) Modified on 4/5/2018 (lc).
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Filing 796
ORDER by Magistrate Judge Alexander F. MacKinnon granting in part and denying in part #790 counterclaim defendants' Ex Parte MOTION to Continue Hearings: The request to continue the hearing and the deadline for Counterclaim Defendants' reply brief concerning the Government's Application for a Protective Order [740,] is granted. The hearing date of 3/27/18 at 11:00a.m. is continued to 4/10/18 at 10a.m. The deadline for Counterclaim Defendants' reply concerning the Government's Application is also continued from 3/16/18 to 4/3/18. The request to continue the hearings re discovery motions #700 and #758 scheduled for 3/19/18 is denied. (See document for details). (ib)
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Filing 795
MINUTES (IN CHAMBERS) ORDER RE ALMONT'S EX PARTE APPLICATION #789 by Judge Michael W. Fitzgerald. The Application is GRANTED in part and DENIED in part. The Motion to Stay will be heard on March 26, 2018 at 10:00 a.m. United's Opposition to the Motion to Stay will be due on March 19, 2018, and Almont's Reply will be due on March 21, 2018. (iv)
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Filing 794
REPLY in support of Emergency EX PARTE APPLICATION to Stay pending Stay of all proceedings pending in this case pending the outcome the outcome of the motion for stay (Dkt. 788) #789 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff San Diego Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 793
REPLY In Support Of Motion Emergency EX PARTE APPLICATION for Extension of Time to File All pending proceedings and hearings #790 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 792
MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION for Extension of Time to File All pending proceedings and hearings #790 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 791
MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION to Stay pending Stay of all proceedings pending in this case pending the outcome the outcome of the motion for stay (Dkt. 788) #789 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 790
Emergency EX PARTE APPLICATION for Extension of Time to File All pending proceedings and hearings filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 789
Emergency EX PARTE APPLICATION to Stay pending Stay of all proceedings pending in this case pending the outcome the outcome of the motion for stay (Dkt. 788) filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 788
NOTICE OF MOTION AND MOTION to Stay Case pending Complete of Criminal Case 17-cr-00661 filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 4/9/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Declaration of Kamille Dean, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 787
ORDER by Magistrate Judge Alexander F. MacKinnon granting the Joint Stipulation re Discovery Motion #763 : The hearing date for Counterclaim Plaintiffs' Motion for a Protective Order Re Rule 30(B)(6) Deposition is continued from 2/27/18 to 3/19/18 at 1:30p.m. before the Honorable Alexander F. MacKinnon. The briefing schedule is unchanged as the motion has been fully briefed. (ib)
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Filing 786
MINUTE (IN CHAMBERS) ORDER DETERMINING THE AMOUNT OF MONETARY SANCTIONS TO BE PAID BY THE PROVIDER COUNTERCLAIM DEFENDANTS (ECF NO. 573) by Magistrate Judge Alexander F. MacKinnon: re: Accordingly, as reasonable attorneys' fees incurred in connection with the motion to compel and the further work caused by Providers' failure to obey the March 22, 2017 order, the Court orders Providers to pay to Counterclaim Plaintiffs the amount of $25,709. This payment shall be made within 30 days of the date of this order. (See document for further details.) #597 #573 #574 . (sbou)
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Filing 785
Recusal Notice filed by Intervenor United States of America (Attachments: #1 Memorandum Recusal Notice)(Williams, Kristen)
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Filing 784
NOTICE OF ERRATA filed by Counter Defendant Kambiz Benjamin Omidi. correcting Reply (Motion related) #772 (Dean, Kamille)
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Filing 783
MEMORANDUM OPINION AND ORDER RE IMPERIUM AND PRODUCTION OF DOCUMENTS FROM THE NEXTECH DATABASE by Magistrate Judge Alexander F. MacKinnon. Counterclaim Defendants shall produce records from the NexTech database in response to Counterclaim Plaintiffs' first request for documents. Counterclaim Defendants shall also use the NexTech database as needed to prepare complete substantive responses to Counterclaim Plaintiffs' first set of interrogatories. (See document for further details). (ib)
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Filing 782
ORDER by Magistrate Judge Alexander F. MacKinnon granting the Stipulation re the USA's Motion for Protective Order #777 : The hearing for the USA's Motion for Protective Order is continued from 3/13/18 at 11AM to 3/27/18 at 11AM. Counterclaim Defendants to file reply brief by 3/16/18. (ib)
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Filing 781
ORDER by Magistrate Judge Alexander F. MacKinnon granting Stipulation continuing the hearing on #779 Counter-Defendants' Motion for Protective Order re costs from 3/13/18 at 10AM to 3/19/18 at 1:30PM. (ib)
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Filing 780
ORDER ON COUNTERCLAIM DEFENDANTS' MOTIONS TO DISMISS AND MOTION BY KAMILLE DEAN, COUNSEL FOR COUNTER-DEFENDANTS, TO BE RELIEVED AS COUNSEL #778 by Judge Michael W. Fitzgerald. The hearing date for the Counterclaim Defendants' Motions to Dismiss and Kamille Dean's Motion to be Relieved as Counsel is hereby continued from March 19, 2018 to April 9, 2018 at 10:00 a.m. before the Honorable Michael W. Fitzgerald. The reply briefing schedule is as follows: Counterclaim Defendants' reply briefs are due March 26, 2018 and Kamille Dean's reply is due March 26, 2018. (iv)
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Filing 779
STIPULATION for Hearing re Reply (Motion related), #770 , MOTION for Protective Order for Cost Shifting and Undue Burden #758 , Reply (Motion related) #772 , MEMORANDUM in Opposition to Motion, #767 filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 778
STIPULATION for Hearing re MEMORANDUM in Opposition to Motion,, #754 , Order, #723 , STIPULATION for Extension of Time to File Reply as to MEMORANDUM in Opposition to Motion,, #754 , Order, #723 filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 777
STIPULATION for Extension of Time to File Reply, STIPULATION for Hearing re Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Hearing,, #762 , Response in Support of Motion, #768 filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 776
NOTICE OF ERRATA filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. correcting Reply (Motion related), #770 , Reply (Motion related), #771 (Dean, Kamille)
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Filing 775
EXHIBIT Filed filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Exhibit 2 to 2-27-18 Dean Declaration (Dkt. 770-1) as to Reply (Motion related), #770 . (Dean, Kamille)
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Filing 774
EXHIBIT Filed filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Exhibit 1 to 2-27-18 Dean Declaration (Dkt. 770-1) as to Reply (Motion related), #771 . (Dean, Kamille)
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Filing 773
OPPOSITION TO NOTICE OF WITHDRAWAL OF KAMILLE DEAN OPPOSITION re: NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney for Counterclaim Defendants #757 filed by Counter Defendant Kambiz Benjamin Omidi. (Dean, Kamille)
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Filing 772
REPLY In support of Protective Order re Costs filed by Counter Defendant Kambiz Benjamin Omidi. (Dean, Kamille)
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Filing 771
REPLY In support of Motion for Protective Order Re costs filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., East Bay Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 770
REPLY Support of Motion for Protective Order for Costs MOTION for Protective Order for Cost Shifting and Undue Burden #758 filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Declaration Declaration of Kamille Dean)(Dean, Kamille)
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Filing 769
Opposition re: NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney for Counterclaim Defendants #757 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 768
RESPONSE IN SUPPORT of EX PARTE APPLICATION for Order for the Protection of Materials Made Accessible by Intervenor United States of America, Including Confidential Health Information #740 filed by Intervenor United States of America. (Williams, Kristen)
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Filing 767
MEMORANDUM in Opposition to MOTION for Protective Order for Cost Shifting and Undue Burden #758 filed by Defendant OptumInsight, Inc., Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 766
ORDER RE MOTION BY KAMILLE DEAN, COUNSEL FOR COUNTER-DEFENDANTS, TO BE RELIEVED AS COUNSEL #765 by Judge Michael W. Fitzgerald. The hearing for Kamille Dean's Motion to be Relieved as Counsel is hereby continued to March 19, 2018 at 10:00 AM. Counterclaim Plaintiff's opposition is due February 26, 2018 and Kamille Dean's reply is due March 5, 2018. (iv)
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Filing 765
STIPULATION to Continue Hearing from March 12, 2018 to March 19, 2018 Re: NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney for Counterclaim Defendants #757 filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 764
Notice of Motion By Attorney Roger Jon Diamond and Joinder in Motion by Kamille Dean, Counsel for Counter Defendants, To Be Relieved as Counsel Pursuant to Local Rule 83-2.9.3.3 and to All Applicable Local Rules; Declaration of Roger Jon Diamond re NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney for Counterclaim Defendants #757 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Diamond, Roger)
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Filing 763
JOINT STIPULATION to MOTION for Protective Order for Rule 30(B)(6) Deposition #700 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Grant, Michelle)
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Filing 762
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Government's EX PARTE APPLICATION for Protective Order #740 : Hearing set 3/13/2018 at 11:00AM before Magistrate Judge Alexander F. MacKinnon. Additional briefing as noted (see document for details) due as follows: The government's brief of 10 pages or less due 2/23/18. Counterclaim defendants may file a response of 10 pages or less by 3/2/18. If counterclaim plaintiffs wish to take a position on the issues, they shall also file their brief by 3/2/18. (ib)
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Filing 761
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re MOTION for Protective Order for Rule 30(B)(6) Deposition #700 : The hearing noticed for 2/20/18, at 10a.m., is hereby vacated. As previously discussed, the parties are to jointly provide the Court's CRD with dates on which they are available to attend a hearing. (ib)
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Filing 760
NOTICE OF FILING TRANSCRIPT filed for proceedings 1/30/18, 10:05 a.m. re Transcript #759 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
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Filing 759
TRANSCRIPT for proceedings held on 1/30/18, 10:05 a.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 3/2/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/10/2018. (ls)
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Filing 758
NOTICE OF MOTION AND MOTION for Protective Order for Cost Shifting and Undue Burden filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 3/13/2018 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Exhibit Declaration of Okorie Okorocha, #2 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 757
NOTICE OF MOTION AND MOTION of Kamille Dean to Withdraw as Attorney for Counterclaim Defendants filed by Attorney for Counterdefendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 3/12/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 756
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #747 Counterclaim Defendants' EX PARTE APPLICATION for Leave to File Objections to United's Exhibit List and Proposed Findings of Fact and Conclusions of Law. (See document for details). (ib)
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Filing 755
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #746 Imperium Medical Services' EX PARTE APPLICATION for leave to file reply to United's Proposed Findings of Fact and Conclusions of law. (See document for details). (ib)
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Filing 754
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #708 , NOTICE OF MOTION AND MOTION to Dismiss Case #709 , NOTICE OF MOTION AND MOTION to Dismiss Case #705 , NOTICE OF MOTION AND MOTION to Dismiss Case #706 , NOTICE OF MOTION AND MOTION to Dismiss Case #707 , NOTICE OF MOTION AND MOTION to Dismiss Case #710 , NOTICE OF MOTION AND MOTION for Joinder in Errata #728 #729 , NOTICE OF MOTION AND MOTION to Dismiss Case #704 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant with Exhibit 1)(Grant, Michelle)
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Filing 753
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #600 counterclaim defendants' MOTION for Relief from Sanctions. (See document for details). The Court will issue a separate order that analyzes and sets the monetary amount of the sanctions owed by Providers to United. (ib)
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Filing 752
OPPOSITION re: NOTICE OF MOTION AND MOTION to Objections to United's Proposed Findings of Fact and Conclusions of Law and Exhibit List #747 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 751
OPPOSITION re: First EX PARTE APPLICATION to FILE A REPLY TO UNITEDS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (DKT. 725-1) #746 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 750
TRANSCRIPT ORDER as to Counterclaim Plaintiff OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company for Court Smart (CS). Court will contact Linda Skwiera at skwiera.linda@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Grant, Michelle)
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Filing 749
MINUTES (IN CHAMBERS) ORDER RE UNITED'S EX PARTE APPLICATION FOR AN ORDER ALLOWING UNITED TO FILE AN OVERSIZED OMNIBUS BRIEF IN OPPOSITION TO MOTIONS TO DISMISS #742 by Judge Michael W. Fitzgerald. In the interests of efficiency and judicial economy, given that United seeks to file only 40 pages of opposition briefing instead of the 175 pages of opposition briefing permitted by Local Rule 11-6, the Application is GRANTED. United may file one omnibus opposition of no more than 40 pages to the seven motions to dismiss. If United does file an omnibus opposition, the Almont Counter Defendants may still separately reply to that opposition if they believe separate replies will best advance their arguments. (iv)
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Filing 748
NOTICE OF LODGING filed of Counterclaim Defendants' Amended Proposed Findings of Fact and Conclusions of Law re Minutes of In Chambers Order/Directive - no proceeding held, #731 , Notice of Lodging #726 (Attachments: #1 Proposed Order Proposed Findings of Fact and Conclusions of Law)(Dean, Kamille)
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Filing 747
NOTICE OF MOTION AND MOTION to Objections to United's Proposed Findings of Fact and Conclusions of Law and Exhibit List filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 746
First EX PARTE APPLICATION to FILE A REPLY TO UNITEDS PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW (DKT. 725-1) filed by THIRD PARTY WITNESS Imperium Medical Services, Inc.. (Okorocha, Okorie)
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Filing 745
OPPOSITION to EX PARTE APPLICATION to Exceed Page Limitation In Opposition to Motions to Dismiss #742 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 744
REPLY in Support of EX PARTE APPLICATION for Order for the Protection of Materials Made Accessible by Intervenor United States of America, Including Confidential Health Information #740 filed by Intervenor United States of America. (Williams, Kristen)
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Filing 743
OPPOSITION to EX PARTE APPLICATION for Order for the Protection of Materials Made Accessible by Intervenor United States of America, Including Confidential Health Information #740 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff Almont Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 742
EX PARTE APPLICATION to Exceed Page Limitation In Opposition to Motions to Dismiss filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order) (Grant, Michelle)
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Filing 741
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court is in receipt of the Intervenor, USA's Ex Parte Application for a Protective Order #740 , filed 2/1/18. Any opposition shall be filed no later than 4:00pm, on 2/6/18. (ib)
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Filing 740
EX PARTE APPLICATION for Order for the Protection of Materials Made Accessible by Intervenor United States of America, Including Confidential Health Information filed by Intervenor United States of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Williams, Kristen)
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Filing 739
STATUS REPORT RE: DISCOVERY REVIEW AND PRODUCTION filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 738
MINUTES OF Hearing re Counterclaim Defendants' Motion to Compel Production of Documents #697 held before Magistrate Judge Alexander F. MacKinnon: The Court provides a tentative ruling on the motion and hears arguments of counsel. No later than 2/13/18, counterclaim plaintiffs shall provide to the Court and counterclaim defendants a privilege log for the work product documents being withheld. Also, by 2/13/18, counterclaim plaintiffs will submit the work product documents to the Court for in camera review. The motion is submitted. Recorded on Courtsmart. (ib)
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Filing 737
OBJECTIONS TO PROPOSED FINDINGS OF FACT filed by Movant Imperium Medical Services, Inc. (Okorocha, Okorie)
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Filing 736
OBJECTIONS to Notice of Lodging, #725 filed by Counter Defendant Independent Medical Services, Inc.. (Dean, Kamille)
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Filing 735
OBJECTIONS to Notice of Lodging, #725 filed by Counter Defendant Surgery Center Management. (Dean, Kamille)
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Filing 734
OBJECTIONS to Notice of Lodging, #725 filed by Counter Defendant Valley Surgical Center, LLC. (Dean, Kamille)
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Filing 733
OBJECTIONS to Notice of Lodging, #725 , Exhibit List, #722 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 732
TRANSCRIPT ORDER as to Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory for Court Reporter. Court will contact Kamille Dean at kamille@kamilledean.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dean, Kamille)
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Filing 731
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re counterclaim defendants' proposed findings of fact and conclusions of law #726 . Any amended version of the proposed findings and conclusions shall be filed by 2/7/19. (See document for details). (ib)
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Filing 730
JOINT STIPULATION to MOTION for Protective Order for Rule 30(B)(6) Deposition #700 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Grant, Michelle)
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Filing 729
NOTICE OF MOTION AND MOTION for Joinder in Errata #728 filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 728
NOTICE OF ERRATA filed by Counter Defendant Orange Grove Surgery Center, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #704 (Dean, Kamille)
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Filing 727
JOINDER filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory joining in Errata #712 , NOTICE OF MOTION AND MOTION to Dismiss Case #708 , NOTICE OF MOTION AND MOTION to Dismiss Case #709 , NOTICE OF MOTION AND MOTION to Dismiss Case #705 , Notice of Motion, #721 , NOTICE OF MOTION AND MOTION to Dismiss Case #706 , Request for Judicial Notice #703 , NOTICE OF MOTION AND MOTION to Dismiss Case #707 , NOTICE OF MOTION AND MOTION to Dismiss Case #710 , NOTICE OF MOTION AND MOTION to Dismiss Case #704 . (Dean, Kamille)
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Filing 726
NOTICE OF LODGING filed Proposed Findings of Fact and Conclusions of Law re Evidentiary Hearing,, #672 (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 725
NOTICE OF LODGING filed Counterclaim Plaintiffs' Proposed Findings of Fact and Conclusions of Law Re: Production of NexTech Documents re Declaration,, #605 , Memorandum of Points and Authorities in Support, #604 , Declaration, #606 , Declaration, #607 , Evidentiary Hearing,, #675 , Declaration, #608 (Attachments: #1 Proposed Order Re: Production of NexTech Documents)(Grant, Michelle)
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Filing 724
REPLY Support MOTION for Protective Order for Rule 30(B)(6) Deposition #700 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 723
ORDER Re: Joint Stipulation Re: Briefing Schedule on Certain Counterclaim Defendants Motions to Dismiss Third Amended Counterclaim #719 by Judge Michael W. Fitzgerald granting the stipulated motion. Any responses to counterclaim defendants motions to dismiss shall be filed by counterclaim plaintiffs on or before 2/9/2018. FURTHER ORDERED that any reply briefs shall be filed by the counterclaim defendants on or before 3/5/2018. (jp)
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Filing 722
Counterclaim Plaintiffs' November 14, December 12 and December 19, 2017 Evidentiary Hearing Exhibit List filed by Counterclaim Plaintiff OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company.. (Grant, Michelle)
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Filing 721
NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Case #705 Notice of Hearing filed by Counter Defendant Valencia Ambulatory Surgery Center, LLC. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 720
NOTICE OF ERRATA filed by Counter Defendant Independent Medical Services, Inc.. correcting Response in Opposition to Motion #714 , Response in Opposition to Motion,,,,, #715 (Dean, Kamille)
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Filing 719
STIPULATION to Reset filed by Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 718
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Points and Authorities in support of MOTION to Dismiss Case #705 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Memorandum in Support of Motion - under Category - Responses, Replies and Other Motion Related Documents. Other error(s) with document(s): Motion event utilized in docketing this filing; Clerk has terminated the Motion event created by document 705 only. 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. (jp)
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Filing 717
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss Case #704 , #706 , #707 , #708 , #709 , #710 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Proposed Order not submitted pursuant to Local Rule 52-4.1. 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. (jp)
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Filing 715
OPPOSITION to MOTION for Protective Order for Rule 30(B)(6) Deposition #700 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiffs Bakersfield Surgery Institute, LLC, Orange Grove Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 716
ORDER RE: UNOPPOSED EX PARTE MOTION TO CONTINUE DEADLINE FOR SUBMISSION OF STATUS REPORTS by Magistrate Judge Alexander F. MacKinnon. (See document for further details.) granting #711 EX PARTE APPLICATION for Extension of Time to File. (sbou)
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Filing 714
OPPOSITION filed by Counter Defendant Independent Medical Services, Inc.. (Dean, Kamille)
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Filing 713
SUPPLEMENT to APPLICATION to file document under seal #696 and Joint Stipulation Re: Counter Defendants' Motion to Compel Production of Documents #697 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 712
NOTICE OF ERRATA filed by Counter Defendant San Diego Ambulatory Surgery Center, LLC. correcting NOTICE OF MOTION AND MOTION to Dismiss Case #709 (Dean, Kamille)
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Filing 711
First EX PARTE APPLICATION for Extension of Time to File Status Reports filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 710
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant CIRO Surgery Center, LLC. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 709
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant San Diego Ambulatory Surgery Center, LLC. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 708
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 707
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant Independent Medical Services, Inc.. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 706
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant Surgery Center Management. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 705
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant Valencia Ambulatory Surgery Center, LLC. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 704
NOTICE OF MOTION AND MOTION to Dismiss Case filed by counterclaim defendant Orange Grove Surgery Center, LLC. Motion set for hearing on 3/19/2018 at 10:00 AM before Judge Michael W. Fitzgerald. (Dean, Kamille)
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Filing 703
REQUEST FOR JUDICIAL NOTICE filed by Counter Defendants Orange Grove Surgery Center, LLC, Valencia Ambulatory Surgery Center, LLC. (Dean, Kamille)
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Filing 702
ORDER by Magistrate Judge Alexander F. MacKinnon granting #701 counterdefendants' EX PARTE APPLICATION for Extension of Time to submit proposed findings of fact and conclusions of law. The parties shall submit their proposed findings of fact and conclusions of law by or before 1/19/18. (ib)
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Filing 701
EX PARTE APPLICATION for Extension of Time to File Findings of Fact and Conclusions of Law filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 700
NOTICE OF MOTION AND MOTION for Protective Order for Rule 30(B)(6) Deposition filed by Counterclam Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. Motion set for hearing on 2/20/2018 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Memorandum, #2 Declaration of Michelle S. Grant, #3 Exhibit A-D, #4 Proposed Order)(Grant, Michelle)
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Filing 699
ORDER GRANTING APPLICATION TO FILE DOCUMENTS UNDER SEAL by Magistrate Judge Alexander F. MacKinnon. NOTE: CHANGES HAVE BEEN MADE TO THIS DOCUMENT (See document for further details.) re #696 APPLICATION to Seal Document. (sbou)
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Filing 698
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #696 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Exhibit Exhibit 1 to Motion to Compel - under seal, #2 Exhibit Exhibit 2 to Motion to Compel - under seal, #3 Exhibit Exhibit 3 to Motion to Compel - under seal, #4 Exhibit Exhibit 4 to Motion to Compel - under seal)(Dean, Kamille)
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Filing 697
JOINT STIPULATION to APPLICATION to file document under seal #696 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Notice of Hearing Date and Time, #2 Affidavit Declaration of Kamille Dean, #3 Exhibit Exhibit 5 to Dean Declaration, #4 Exhibit Exhibit 6 to Dean Declaration, #5 Exhibit Exhibit 7 to Dean Declaration, #6 Exhibit Exhibit 8 to Dean Declaration, #7 Affidavit Declaration of Michelle Grant)(Dean, Kamille)
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Filing 696
APPLICATION to file document under seal filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 695
STATEMENT Joint Statement Re Counterclaim Plaintiffs' Motion for Protective Order to Rule 30(B)(6) Deposition filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company re: Order on Motion to Stay Order (other),,,, #690 . (Westerfeld, Bryan)
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Filing 694
NOTICE OF FILING TRANSCRIPT filed for proceedings 12/19/2017 9:00 a.m. re Transcript #693 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 693
TRANSCRIPT for proceedings held on 12/19/2017 9:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.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 1/24/2018. Redacted Transcript Deadline set for 2/5/2018. Release of Transcript Restriction set for 4/3/2018. (Hourigan, Terri)
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Filing 692
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Ex Parte Application for Extension of Time to Respond to Third Amended Counterclaim #677 is DENIED. (cw)
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Filing 691
MINUTES (IN CHAMBERS) ORDER DENYING EX PARTE APPLICATION by Magistrate Judge Alexander F. MacKinnon #686 . The "Ex Parte Application to File Under Seal Exhibits 1-4 to Independent Medical Services' Motion to Compel Deposition Documents" is denied without prejudice. A review of the docket does not indicate a pending "Motion to Compel" by counterclaim defendant Independent Medical Services. (im)
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Filing 690
MINUTES (IN CHAMBERS) ORDER GRANTING EX PARTE APPLICTION FOR AN ORDER STAYING RULE 30(b)(6) DEPOSITION PENDING RULING ON MOTION FOR PROTECTIVE ORDER by Magistrate Judge Alexander F. MacKinnon #681 . Court orders that the noticed deposition and document production by United be continued until at least 10 days after the Court rules on United's motion for a protective order. On or before January 5, 2018, counsel shall conduct further meet-and-confer discussions in an effort to narrow the disputed issues and shall file a joint statement with the Court on that date indicating which issues have been resolved. If those discussions do not resolve all outstanding issues, United shall file its motion for a protective order no later than January 9, 2018. IMS shall file its opposition on or before January 16, 2018. IMS may reference arguments made in its opposition to the ex parte application and does not need to repeat those arguments in its opposition to the protective order motion, unless it chooses to do so. United may file a reply brief on or before January 19, 2018. SEE ORDER. (im)
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Filing 689
NOTICE OF ERRATA filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. correcting Reply (Motion related),,,, #688 (Dean, Kamille)
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Filing 688
REPLY IN SUPPORT OF EX PARTE APPLICATION to Extend Time to File Answer to 2/13/2017 re Amended Counterclaim,,,,, #531 #677 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 687
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document under seal #686 filed by Counter Defendant Independent Medical Services, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Motion to Compel - under seal, #2 Exhibit Exhibit 2 to Motion to Compel - under seal, #3 Exhibit Exhibit 3 to Motion to Compel - under seal, #4 Exhibit Exhibit 4 to Motion to Compel - under seal)(Dean, Kamille)
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Filing 686
EX PARTE APPLICATION to file document under seal filed by Counter Defendant Independent Medical Services, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 685
AFFIDAVIT re Objection/Opposition (Motion related) #684 filed by Counter Defendant Independent Medical Services, Inc. (Attachments: #1 Exhibit Exhibit A - IMS Motion to Compel Deposition, #2 Exhibit Exhibits 1-7 to IMS Motion to Compel - redacted)(Dean, Kamille)
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Filing 684
OPPOSITION TO UNITED'S MOTION FOR STAY OPPOSITION TO re: EX PARTE APPLICATION to Stay pending Ruling on Motion for Protective Order #681 filed by Counter Defendant Independent Medical Services, Inc.. (Dean, Kamille)
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Filing 683
PROOF OF SERVICE Executed by Counterclaim Plaintiff OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counterclaim Defendant Asiatrust Nevis served on 11/27/2017, answer due 12/18/2017. Service of the Summons and Complaint were executed upon Gleniella Hobson, a Clerk at JHT Law Firm, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Grant, Michelle)
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Filing 682
PROOF OF SERVICE Executed by Counterclaim Plaintiff OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counterclaim Defendant Asset Management Irrevocable Trusts served on 11/27/2017, answer due 12/18/2017. Service of the Summons and Complaint were executed upon Gleniella Hobson, Clerk at JHT Law Firm, Registered Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Grant, Michelle)
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Filing 681
EX PARTE APPLICATION to Stay pending Ruling on Motion for Protective Order filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant with Exhibits A-G, #2 Proposed Order) (Grant, Michelle)
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Filing 680
MEMORANDUM in Opposition to EX PARTE APPLICATION to Extend Time to File Answer to 2/13/2017 re Amended Counterclaim,,,,, #531 #677 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant with Exhibit A)(Grant, Michelle)
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Filing 679
NOTICE OF FILING TRANSCRIPT filed for proceedings 12/12/2017 at 9:00 a.m. re Transcript #97 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 678
TRANSCRIPT for proceedings held on 12/12/2017 9:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.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 1/12/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/22/2018. (Hourigan, Terri)
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Filing 677
EX PARTE APPLICATION to Extend Time to File Answer to 2/13/2017 re Amended Counterclaim,,,,, #531 filed by counterclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 676
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Declaration of Kamille Dean Re Government Seized Documents #663 : Counterclaim defendants shall file a status report by 1/17/18 as outlined in this minute order. (See document for details). (ib)
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Filing 674
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Document Review and Production. (SEE DOCUMENT FOR DETAILS). the government will make the requested materials available to counsel for counterclaim defendants, either in the form of boxes of hard copy files for review or via electronic files if the documents have previously been scanned. The government will determine the place for the review, which will be monitored to ensure the integrity of the materials. Counsel for the government may obtain a copy of the annotated inventory by contacting the Court's CRD. Counsel for the government may then coordinate with counsel for counterclaim defendants with regard to the place and time for the review. The Court urges that this begin as soon as possible. On or before 1/17/18, counterclaim defendants shall provide a status report to the Court regarding their access to the material on the annotated inventory, the materials that they have reviewed, the materials that they have identified for production in this case, and their specific plans for additional review and production. (ib)
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Filing 675
(CORRECTED) MINUTES (Re #672 ) OF Evidentiary Hearing held before Magistrate Judge Alexander F. MacKinnon: Swore witnesses, received testimony and marked exhibits. Exhibit list filed. The parties shall file their proposed findings of fact and conclusions of law concerning the issues addressed in the evidentiary hearing on or before 1/12/18. Versions of these documents in Word format shall also be submitted to Judge MacKinnon's designated email address. Court Reporter: Terry Hourigan. (ib)
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Filing 673
LIST OF EXHIBITS AND WITNESSES at EVIDENTIARY HEARING held 11/14/17, 12/12/17 and 12/19/17 before Magistrate Judge Alexander MacKinnon re Nextech/Imperium discovery issues. (ib)
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Filing 672
MINUTES OF Evidentiary Hearing held before Magistrate Judge Alexander F. MacKinnon: Swore witnesses, received testimony and marked exhibits. Exhibit list filed. The parties shall file their proposed findings of fact and conclusions of law concerning the issues addressed in the evidentiary hearing on or before 1/12/17. Versions of these documents in Word format shall also be submitted to Judge MacKinnon's designated email address. Court Reporter: Terry Hourigan. (ib) (THIS MINUTE ORDER HAS BEEN CORRECTED. SEE #675 ) Modified on 12/20/2017 (ib).
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Filing 669
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #661 Counterclaim defendant's Motion to Exclude Impeachment with Prior Acts of United Witness Maureen Jaroscak. (See document for details). (ib)
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Filing 671
NOTICE OF FILING TRANSCRIPT filed for proceedings 11/29/17, 9:07 re Transcript #670 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
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Filing 670
TRANSCRIPT for proceedings held on 11/29/17, 9:07. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 1/4/2018. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 3/14/2018. (ls)
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Filing 668
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: Counterclaim Plaintiffs' Ex Parte Application to File Unredacted Copy of United's Memorandum in Support of Production of Nextech Documents and Certain Exhibits to Declarations of Michelle S. Grant, Time Branson, Gretchen Hess, and Marvin Perer, M.D Under Seal #613 is granted. (ib)
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Filing 666
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon. The final day of the evidentiary hearing concerning Imperium/NexTech issues is set for Tuesday, December 19, 2017, at 11 a.m., in Courtroom 780. Imperium's CEO Janzen Hidalgo shall be the first witness. (See document for further details.) (sbou)
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Filing 665
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #664 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Dean, Kamille)
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Filing 664
APPLICATION to file document under seal filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory.(Dean, Kamille)
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Filing 663
AFFIDAVIT by affiant: Kamille R. Dean filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, Woodlake Ambulatory (Dean, Kamille)
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Filing 667
MINUTES OF Evidentiary Hearing held before Magistrate Judge Alexander F. MacKinnon: Swore witnesses and marked exhbitis. Continued to 12/19/17 for further hearing. Court Reporter: Terry Hourigan. (ib)
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Filing 662
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: On 2/12/17 and 12/13/17, the Court is holding an evidentiary hearing that concerns issues relating to Imperium Medical Services, Inc. These hearing dates were first set on 11/22/17. Accordingly, the Court orders that Imperium and its counsel Mr. Okorie Okorocha appear at both days of the hearing. It is expected that the hearing will last all day on 12/12/17 and part or all of the day on 12/13/17. (ib)
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Filing 661
NOTICE OF MOTION AND MOTION to Exclude to Exclude Impeachment With Prior Acts of United Witness Maureen Jaroscak filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 12/12/2017 at 09:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 660
NOTICE filed by THIRD PARTY WITNESS Imperium Medical Services, Inc.. (Okorocha, Okorie)
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Filing 659
NOTICE of Manual Filing filed by Intervenor United States of America of LIST OF RETURNED DEVICES REQUESTED TO BE LODGED BY COURT PER NOVEMBER 30, 2017 ORDER. (Williams, Kristen)
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Filing 658
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court having denied in part the motions of of Imperium Medical Service Inc's to quash and for a protective order #576 #589 #595 , the hearings noticed for 12/4/17 at 10:00am are taken off calendar. (See document for details). (ib)
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Filing 657
NOTICE of Manual Filing filed by Intervenor United States of America of NOTICE OF LODGING OF UNDER SEAL AND IN CAMERA DOCUMENT. (Williams, Kristen)
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Filing 656
ORDER by Judge Michael W. Fitzgerald: The Ex Parte Application for Extension of Time to File Response to Third Amended Counterclaim #650 is GRANTED. The deadline is continued to 1/12/2018. (cw)
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Filing 655
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: Order Following 11/29/17 Discovery Conference #652 . (See document for details). (ib)
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Filing 654
TRANSCRIPT ORDER as to Counterclaim Defendant et al 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory for Court Smart (CS). Court will contact Kamille Dean at kamille@kamilledean.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Dean, Kamille)
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Filing 653
TRANSCRIPT ORDER as to Defendant OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company for Court Smart (CS). Court will contact Linda Skwiera at skwiera.linda@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Grant, Michelle)
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Filing 651
REPLY in opposition to United Opposition (Dkt. 631) to Counterclaim Defendants Motion for Relief from Sanctions filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 650
REQUEST to Extend Time to File Answer to 1/12/2018 re Amended Counterclaim,,,,, #531 filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 652
MINUTES OF Discovery Hearing held before Magistrate Judge Alexander F. MacKinnon: The Court held discussions with counsel for the parties and the government regarding discovery issues. Recorded on Courtsmart. (ib)
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Filing 649
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: Counterclaim Defendants' Motion for Relief From Sanctions Ruling #600 #602 is taken under submission. (ib)
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Filing 648
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document United's Memorandum in support of Production of NexTech Documents and certain Exhibits under seal #612 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Memorandum 11-28-17 OBJECTION TO COURT ORDER FOR GOVERNMENT DOCUMENT REVIEW IN VIOLATION OF PRIOR COURT ORDERS, #2 Exhibit Exhibit part 1 of 2, #3 Exhibit Exhibit part 2 of 2)(Dean, Kamille)
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Filing 647
APPLICATION for Leave for In Camera Review filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff West Hills Surgery Center, LLC. Application set for hearing on 11/29/2017 at 09:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 646
OBJECTIONS to Order on Motion to Continue,,,,,, Telephone Conference,,,,, #641 OBJECTION TO UNSWORN TESTIMONY BY THE GOVERNMENTS ATTORNEYS filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 645
OBJECTIONS to Minutes of In Chambers Order/Directive - no proceeding held #628 OBJECTION TO COURT ORDERS AND ASSERTION OF FIFTH AMENDMENT PRIVILEGE AND ACT OF PRODUCTION AGAINST SELF-INCRIMINATION filed by Counter Defendants Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Dean, Kamille)
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Filing 644
MEMORANDUM of Points and Authorities in Opposition Re: Objection,,,, #640 (Grant, Michelle)
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Filing 643
NOTICE OF FILING TRANSCRIPT filed for proceedings 11/14/17 - 9:43 a.m. re Transcript #642 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
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Filing 642
TRANSCRIPT for proceedings held on 11/14/17 - 9:43 a.m.. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.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 12/13/2017. Redacted Transcript Deadline set for 12/26/2017. Release of Transcript Restriction set for 2/20/2018. (Gonzalez, Lisa)
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Filing 641
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: granting #635 Counterclaim Defendants Motion to Continue Evidentiary Hearing: The evidentiary hearing is continued to 12/12/17 and 12/13/17 at 9:00AM. Brian Oxman and Maureen Jaroscak will testify at this hearing. Counterclaim plaintiffs may also call Janzen Hidalgo and Tim Kollars as witnesses during the hearing. The meeting between the Court, counsel and the government will take place on 11/29/17 at 9:00AM. The obligations in paragraphs 2, 3 and 4 in the order dated 11/16/17 #628 are continued to 12/12/17. Re counterclaim defendants' pleading concerning the inventory of seized documents #640 , the Court denies the request for a stay. By 11/27/17, counterclaim plaintiffs shall file a response to the objections raised by counterclaim defendants in that pleading. Counsel for counterclaim plaintiffs will send a subpoena for the testimony of Janzen Hidalgo to Imperium's counsel, Mr. Okorocha. The subpoena will seek Mr. Hidalgo's appearance at the evidentiary hearing on 12/12/17 or 12/13/17. The Court acknowledges that Mr. Hidalgo offered to appear to testify on 11/24/17. However, the courts in the Central District of California are closed on that date. Recorded on Courtsmart. (ib)
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Filing 640
OBJECTIONS , RESPONSE TO COURT ORDER AND REQUEST TO RECONSIDER filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Affidavit Declaration of Kamille Dean)(Dean, Kamille)
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Filing 639
STATEMENT of In response to the Court's inquiry First MOTION to Quash Subpoena for BUSINESS, MEDICAL & FINANCIAL DOCUMENTS #576 filed by Movant Imperium Medical Services, Inc.. (Okorocha, Okorie)
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Filing 638
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56763 assigned to Notice of Appeal to 9th Circuit Court of Appeals,,,, #633 as to counter defendants Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Asiatrust Nevis, Asset Management Irrevocable Trusts, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC. (lc)
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Filing 637
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Telephone Conference set for 11/21/17 at 2pm is continued to 11/22/2017 at 11am before Magistrate Judge Alexander F. MacKinnon. The call-in information remains the same. (See #636 ). (See document for further details). (ib)
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Filing 636
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: Telephone Conference set for 11/21/2017 at 2:00PM before Magistrate Judge Alexander F. MacKinnon. (See document for call in information) (ib)
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Filing 635
REQUEST to Continue Evidentiary Hearing/Responses from November 28-29, 2017 to December 12, 2017 Re: Minutes of In Chambers Order/Directive - no proceeding held #628 filed by counter-claim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Request set for hearing on 12/12/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 634
EXHIBIT Filed filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff Orange Grove Surgery Center, LLC. as to Evidentiary Hearing,,,, Set/Reset Hearing,,, #624 . (Dean, Kamille)
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Filing 633
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by counter claimclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Appeal of Order on Motion to Stay Order (other) #572 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20857709.) (Dean, Kamille)
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Filing 632
DECLARATION of Michelle S. Grant in opposition to REQUEST to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Hearing,,,, #573 . #600 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 631
United's Opposition to Counterclaim Defendants' Motion for Relief from Sanctions opposition re: REQUEST to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Hearing,,,, #573 . #600 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 630
Exhibit List November 14 Evidentiary Hearing filed by Counterclaim Plaintiffs' OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company.. (Grant, Michelle)
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Filing 629
DECLARATION of Gretchen Hess re Declaration, #606 , Order, #627 REDACTED filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1-5 to Declaration of Custodian of Records of UnitedHealthcare Redacted, #2 Exhibit Proof of Service)(Westerfeld, Bryan)
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Filing 628
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Joint Status Report Regarding Discovery of Documents Seized by the Government #601 . (See document for details). (ib)
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Filing 627
ORDER GRANTING EX PARTE APPLICATION TO SEAL DOCUMENT by Magistrate Judge Alexander F. MacKinnon: Counterclaim Plaintiffs' Ex Parte Application to seal the Declaration of Custodian of Records of UnitedHealthcare #606 of GRANTED. Counterclaim Plaintiffs shall submit a redacted version of the Declaration of Custodian of Records of UnitedHealthcare to update the docket. (ib)
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Filing 626
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Document,,,,,,, #623 served on 11/15/2017. (Westerfeld, Bryan)
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Filing 625
NOTICE OF ERRATA filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. correcting Declaration, #606 Notice of Errata and Ex Parte Application to Seal Docket Number 606 (Attachments: #1 Proposed Order Granting Ex Parte Application to Seal Document)(Westerfeld, Bryan)
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Filing 623
SEALED DOCUMENT United's Memorandum in support of Production of NexTech Documents re Supplemental EX PARTE APPLICATION to file document Additional Declarations and Exhibits to the Declarations of G. Hess, T. Branson, and M. Perer, M.D. (re Doc. 612) under seal #613 , Order on Motion for Leave to File Document Under Seal, #622 , EX PARTE APPLICATION to file document United's Memorandum in support of Production of NexTech Documents and certain Exhibits under seal #612 , Sealed Declaration in SupportDeclaration,,,,,, #614 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1 to Declaration of M. Grant, #2 Exhibit 2 to Declaration of M. Grant, #3 Exhibit 3 to Declaration of M. Grant, #4 Exhibit 6 to Declaration of M. Grant, #5 Exhibit 7 to Declaration of M. Grant, #6 Exhibit 9 to Declaration of M. Grant, #7 Exhibit 10 to Declaration of M. Grant, #8 Exhibit 11 to Declaration of M. Grant, #9 Exhibit 12 to Declaration of M. Grant, #10 Exhibit 13 to Declaration of M. Grant, #11 Exhibit 15 to Declaration of M. Grant, #12 Exhibit 44 to Declaration of M. Grant, #13 Exhibit 48 to Declaration of M. Grant, #14 Exhibit 50 to Declaration of M. Grant, #15 Exhibit 51 to Declaration of M. Grant, #16 Exhibit 53 to Declaration of M. Grant, #17 Exhibit 56 to Declaration of M. Grant, #18 Exhibit 57 to Declaration of M. Grant, #19 Exhibit 60 to Declaration of M. Grant, #20 Exhibit 1-5 to Declaration of G. Hess, #21 Exhibit 1 to Declaration of T. Branson, #22 Exhibit 2 to Declaration of T. Branson, #23 Declaration of M. Perer, M.D., #24 Exhibit 2 to Declaration of M. Perer, #25 Exhibit 3 to Declaration of M. Perer)(Westerfeld, Bryan)
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Filing 622
ORDER by Magistrate Judge Alexander F. MacKinnon granting #612 Counterclaim Plaitntifs United Healthcare Services, Inc., United Healthcare Insurance Co., and Optuminsight's EX PARTE APPLICATION to file an UNDER SEAL unredacted copy of United's Memorandum in Support of Production of NexTech Documents and exhibits to declarations. (See document for details). (ib)
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Filing 621
TRANSCRIPT ORDER as to Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company for Court Smart (CS). Court will contact Linda Skwiera at skwiera.linda@dorsey.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Grant, Michelle)
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Filing 624
MINUTES OF Evidentiary Hearing Re Nextech/Imperium Discovery Issues held before Magistrate Judge Alexander F. MacKinnon. Swore witnesses and marked exhibits. Further Evidentiary Hearings are set for 11/28/2017 at 1:30PM and 11/29/17 at 9:00AM. Counterclaim defendants shall obtain Ms. Jaroscak's presence at the 11/29/17 hearing. Counsel for Imperium shall inform the Court by 11/21/7 which date Janzen Hidalgo will be present to testify. Exhibit lists are ordered filed by 11/20/17. Additional exhibits shall be marked for identification prior to the continued hearing dates. Each side to file proposed findings of fact and conclusions of law re the NexTec/Imperium issues by 12/12/17. The parties are reminded to submit a chamber copy of filings made 11/13/17. (See document for details). Court Reporter: Lisa Gonzalez. (ib)
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Filing 620
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Declaration in SupportDeclaration,,,,,, #614 served on 11/13/2017. (Westerfeld, Bryan)
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Filing 619
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re EX PARTE APPLICATION to file document United's Memorandum in support of Production of NexTech Documents and certain Exhibits under seal #612 , Supplemental EX PARTE APPLICATION to file document Additional Declarations and Exhibits to the Declarations of G. Hess, T. Branson, and M. Perer, M.D. (re Doc. 612) under seal #613 served on 11/13/2017. (Westerfeld, Bryan)
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Filing 618
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Declaration,, #605 , Memorandum of Points and Authorities in Support, #604 , Declaration, #606 , Declaration, #607 , Declaration, #608 served on 11/13/2017. (Westerfeld, Bryan)
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Filing 617
DECLARATION of Stephen P. Lucke Opposition MOTION IN LIMINE (1) to Exclude CHARACTER EVIDENCE AND EVIDENCE OF PAST ACTS UNDER FEDERAL RULES OF EVIDENCE RULE 404 AND 608 #615 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Lucke, Stephen)
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Filing 616
Opposition Opposition re: MOTION IN LIMINE (1) to Exclude CHARACTER EVIDENCE AND EVIDENCE OF PAST ACTS UNDER FEDERAL RULES OF EVIDENCE RULE 404 AND 608 #615 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Lucke, Stephen)
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Filing 615
NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude CHARACTER EVIDENCE AND EVIDENCE OF PAST ACTS UNDER FEDERAL RULES OF EVIDENCE RULE 404 AND 608 filed by counter claimclaim defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Motion set for hearing on 11/14/2017 at 09:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 614
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document United's Memorandum in support of Production of NexTech Documents and certain Exhibits under seal #612 , Supplemental EX PARTE APPLICATION to file document Additional Declarations and Exhibits to the Declarations of G. Hess, T. Branson, and M. Perer, M.D. (re Doc. 612) under seal #613 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Unredacted Document United's Memorandum, #2 Unredacted Document Declaration of M. Grant, #3 Unredacted Document Exhibits 1-20 to Declaration of M. Grant, #4 Unredacted Document Exhibits 21-42 to Declaration of M. Grant, #5 Unredacted Document Exhibits 43-49 to Declaration of M. Grant, #6 Unredacted Document Exhibits 50-52 to Declaration of M. Grant, #7 Unredacted Document Exhibits 53-55 to Declaration of M. Grant, #8 Unredacted Document Exhibits 56-60 to Declaration of M. Grant, #9 Unredacted Document Exhibits 61-64 to Declaration of M. Grant, #10 Unredacted Document Exhibits 65-69 to Declaration of M. Grant, #11 Unredacted Document Exhibits 70-73 to Declaration of M. Grant, #12 Unredacted Document Declaration of G. Hess, #13 Unredacted Document Exhibits 1-5 to Declaration of G. Hess, #14 Unredacted Document Declaration of T. Branson, #15 Unredacted Document Exhibit 1 to Declaration of T. Branson, #16 Unredacted Document Exhibit 2 Declaration of T. Branson, #17 Unredacted Document Declaration of M. Perer, #18 Unredacted Document Exhibit 2 to Declaration of M. Perer, #19 Unredacted Document Exhibit 3 to Declaration of M. Perer)(Westerfeld, Bryan)
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Filing 613
Supplemental EX PARTE APPLICATION to file document Additional Declarations and Exhibits to the Declarations of G. Hess, T. Branson, and M. Perer, M.D. (re Doc. 612) under seal filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Redacted Document Declaration of Gretchen Hess in support of United's Memorandum, #2 Redacted Document Exhibits 1-5 to Declaration of G. Hess, #3 Redacted Document Declaration of Tim Branson in support of United's Memorandum, #4 Redacted Document Exhibit 1 to Declaration T. Branson, #5 Redacted Document Exhibit 2 to Declaration of T. Branson, #6 Redacted Document Declaration of Marvin Perer M.D. in support of United's Memorandum)(Westerfeld, Bryan)
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Filing 612
EX PARTE APPLICATION to file document United's Memorandum in support of Production of NexTech Documents and certain Exhibits under seal filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Granting Application to File Under Seal, #2 Redacted Document United's Brief in support of Production of NexTech Documents, #3 Redacted Document Declaration of M. Grant in support of Brief, #4 Redacted Document Exhibits 1-36 to Declaration of M. Grant, #5 Redacted Document Exhibits 37-57 to Declaration of M. Grant, #6 Redacted Document Exhibits 58-63 to Declaration of M. Grant, #7 Redacted Document Exhibits 64-67 to Declaration of M. Grant, #8 Redacted Document Exhibits 68-73 to Declaration of M. Grant)(Westerfeld, Bryan)
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Filing 611
DECLARATION of BRIAN OXMAN SUPPORT OF MOTION TO QUASH & FOR PROTECTIVE ORDER MOTION for Protective Order for 3rd Party Subpoena #589 , First MOTION to Quash Subpoena for BUSINESS, MEDICAL & FINANCIAL DOCUMENTS #576 filed by Movant Imperium Medical Services, Inc.. (Jaroscak, Maureen)
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Filing 610
MEMORANDUM in Support of counterclaim defendants' position on Imperium/Nextech filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 609
IMPERIAL HEARING BRIEF RE MOTION TO QUASH & MOTION FOR PROTECTIVE ORDER re First MOTION to Quash Subpoena for BUSINESS, MEDICAL & FINANCIAL DOCUMENTS #576 filed by Movant Imperium Medical Services, Inc.. (Jaroscak, Maureen)
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Filing 608
DECLARATION of Marvin Perer M.D. re Memorandum of Points and Authorities in Support, #604 of Production of NexTech Documents filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 607
DECLARATION of Timothy Branson re Memorandum of Points and Authorities in Support, #604 of Production of NexTech Documents filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1 in support of Declaration of T. Branson Redacted, #2 Exhibit 2 in support of Declaration of T. Branson Redacted)(Westerfeld, Bryan)
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Filing 606
DECLARATION of Gretchen Hess re Memorandum of Points and Authorities in Support, #604 of Production of NexTech Documents filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1-5 in support of Declaration of G. Hess Redacted)(Westerfeld, Bryan)
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Filing 605
DECLARATION of Michelle S. Grant re Memorandum of Points and Authorities in Support, #604 of Production of NexTech Documents filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1-36 in support of M. Grant Declaration Redacted, #2 Exhibit 37-57 in support of M. Grant Declaration Redacted, #3 Exhibit 58-63 in support of M. Grant Declaration Redacted, #4 Exhibit 64-67 in support of M. Grant Declaration Redacted, #5 Exhibit 68-73 in support of M. Grant Declaration Redacted)(Westerfeld, Bryan)
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Filing 604
MEMORANDUM of Points and Authorities in Support filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. Memorandum in support of Production of NexTech Documents Re: Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Hearing,,,, #573 (Westerfeld, Bryan)
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Filing 603
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The evidentiary hearing scheduled for 11/14/17 at 11:00AM is advanced on the calendar to 9:00AM on the same date. Counsel shall notify witnesses of this time change and arrange to have their witnesses available to start at 9:00AM. (See document for details). (ib)
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Filing 602
NOTICE filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. NOTICE OF MOTION SETTING HEARING DATE ON DECEMBER 12, 2017 AT 10:00 A.M. (Attachments: #1 Proposed Order Proposed Order)(Dean, Kamille)
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Filing 601
JOINT STIPULATION to REQUEST for Leave to file Surreply to United Reply re Request for Sanctions #562 JOINT STIPULATION PURSANT TO COURT ORDER - NOT SURREPLY filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Declaration Kamille Dean Declaration, #2 Declaration Michelle Grant Declaration)(Dean, Kamille)
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Filing 600
REQUEST to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Hearing,,,, #573 . filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 599
ORDER Re: EX PARTE APPLICATION for Leave to File Response to Third Amended Counterclaim #584 by Judge Michael W. Fitzgerald that granting the Application. The deadline for Counterclaim Defendants to file a responsive pleading to the Third Amended Counterclaim is extended to 12/8/2017. (jp) Modified on 11/7/2017 (jp).
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Filing 598
21 DAY Summons Issued re Third Amended Counterclaim #531 as to Counter Defendant Asiatrust Nevis. (jp)
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Filing 597
Opposition to Motion for attorneys fees re: REQUEST for Leave to file Surreply to United Reply re Request for Sanctions #562 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Kambiz Benjamin Omidi, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC. (Dean, Kamille)
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Filing 596
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon granting in part and denying in part #591 Counterclaim Defendants' EX PARTE APPLICATION for Protective Order re Depositions. The Court moves the deadline for the parties written submissions on the "NexTech-Imperium issue" to 11/13/17 at 3pm. The Court orders witnesses to be present at the hearing set 11/14/17. (See document for deatils). (ib)
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Filing 595
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: The motions of non-party Imperium Medical Services, Inc. to 1) Quash Subpoena #576 and 2) for a Protective Order and Assessment of Costs for Compliance with Subpoena Duces Tecum #589 are DENIED IN PART as stated during the telephonic conference and herein. Imperium shall produce documents to United on a rolling basis as soon as the first documents are ready, with the final production completed no later than close of business on 11/9/17. After production of all responsive documents, the Court will consider a further request by Imperium under 45 FRCvP 45(d)(2)(B)(ii) for reimbursement by the United parties for "significant expense" resulting from compliance with the subpoena. Imperium's Motion to File Documents Under Seal and In Camera #587 is GRANTED. (See document for details). Recorded on Courtsmart. (ib)
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Filing 594
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: The Counterclaim Defendants may file an UNDER SEAL Surreply in reply to the Response to the Opposition to the Request for Sanctions #562 . (ib)
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Filing 593
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: The Counterclaim Defendants' Objection to the Filing of the Declaration of Marvin Perer #559 may be filed under seal. (ib)
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Filing 592
NOTICE OF NON-OPPOSITION to EX PARTE APPLICATION to Extend Time to File Answer to 12/8/2017 re Amended Counterclaim,,,,, #531 #584 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 591
EX PARTE APPLICATION for Relief from Depositions - Request for Protective Order filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Memorandum Ex Parte Application, #2 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 590
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #531 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 589
NOTICE OF MOTION AND MOTION for Protective Order for 3rd Party Subpoena filed by Subpoenaed 3rd Party Imperium Medical Services, Inc.. Motion set for hearing on 12/4/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attorney Maureen Jaroscak added to party Imperium Medical Services, Inc.(pty:mov))(Jaroscak, Maureen)
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Filing 588
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Objection to Declaration of Marvin Perer under seal #559 filed by Movant Imperium Medical Services, Inc.. (Attachments: #1 Unredacted Document Unredacted Documents)(Dean, Kamille)
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Filing 587
EX PARTE APPLICATION for Leave for In Camera Review filed by Movant Imperium Medical Services, Inc.. (Attachments: #1 Memorandum Ex Parte Application, #2 Redacted Document Redacted Document, #3 Proposed Order Proposed Order)(Attorney Kamille Rae Dean added to party Imperium Medical Services, Inc.(pty:mov))(Dean, Kamille)
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Filing 586
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #582 . The following error(s) was found: Counter Defendant ASIATRUST NEVIS LIMITED aka Asiaciti Trust Nevis Ltd does not match with the caption of Third Amended Counterclaim. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp)
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Filing 585
21 DAY Summons Issued re Third Amended Counterclaim #531 as to Counter Defendant Asset Management Irrevocable Trusts. (jp)
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Filing 584
EX PARTE APPLICATION to Extend Time to File Answer to 12/8/2017 re Amended Counterclaim,,,,, #531 filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Memorandum Application, #2 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 583
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #531 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 582
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #531 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 581
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #579 , #580 . The following error(s) was found: The caption of the summons must match the caption of the Amended Counterclaim verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write "see attached." Next, attach a face page of the Amended Counterclaim or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jp)
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Filing 580
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #531 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 579
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #531 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 578
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: Telephone Conference set for 11/3/2017 at 1:00PM before Magistrate Judge Alexander F. MacKinnon re MOTION of 3rd Party Imperium Medical Services, Inc. to Quash Subpoena #576 . (See document for call-in information). (ib)
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Filing 577
NOTICE OF MOTION re First MOTION to Quash Subpoena for BUSINESS, MEDICAL & FINANCIAL DOCUMENTS #576 filed by Movant Imperium Medical Services, Inc.. Motion set for hearing on 12/4/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Okorocha, Okorie)
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Filing 576
NOTICE OF MOTION AND First MOTION to Quash Subpoena for BUSINESS, MEDICAL & FINANCIAL DOCUMENTS filed by THIRD PARTY Imperium Medical Services, Inc.. Motion set for hearing on 12/4/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Declaration Declaration in support of motion., #2 Declaration Declaration in support of motion., #3 Exhibit A--Subpoena being quashed.)(Attorney Okorie Okorocha added to party Imperium Medical Services, Inc.(pty:mov))(Okorocha, Okorie)
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Filing 575
NOTICE to Cross-Examine Pursuant to LR 7-8 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 574
SUPPLEMENT Memorandum in Support of Attorney Fee Award Pursuant to Fed. R. Civ. P. 37 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration)(Grant, Michelle)
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Filing 573
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon GRANTING IN PART COUNTERCLAIM PLAINTIFFS' REQUEST FOR SANCTIONS #516 , related to the Hearing held 10/17/17. Providers are ordered to pay the reasonable expenses (including attorneys' fees) United incurred in preparing the motion to compel, in meeting with Providers counsel, and in participating in the five joint telephonic conferences in the summer of 2017. United shall submit additional information by 10/27/17. Providers may respond by 11/3/17. An Evidentiary Hearing re the NexTech system is set for 11/14/2017 at 11:00AM before Magistrate Judge Alexander F. MacKinnon. On 11/7/17, the parties shall file simultaneous briefs on the issue of the ability of Providers to access the NexTech system as part of document review and production in this case. Also on 11/7/17, the parties shall submit a joint submission to the Court that provides an update on their efforts to obtain copies of relevant records held by the government. (See document for further details). (ib)
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Filing 572
MINUTES (In Chambers): ORDER DENYING EX PARTE APPLICATION for stay of Discovery #561 by Judge Michael W. Fitzgerald. (SEE ATTACHMENT OF THIS ORDER FOR FURTHER DETAILS). (jp)
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Filing 571
NOTICE OF FILING TRANSCRIPT filed for proceedings 10-17-17, 11:34 a.m. re Transcript #570 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ls) TEXT ONLY ENTRY
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Filing 570
TRANSCRIPT for proceedings held on 10-17-17, 11:34 a.m.. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 11/9/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/17/2018. (ls)
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Filing 568
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplemental Declaration of Kamille Dean #555 , Supplemental Declaration of mark Jubelt #556 . The following error(s) was/were found: (1) Case number and Title page are missing. (2) Incorrect event selected. Correct event to be used is: Supplement - under Category - Miscellaneous Filings (Other Documents). 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. (jp)
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Filing 567
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Document, #566 served on 10/18/2017. (Westerfeld, Bryan)
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Filing 566
SEALED DOCUMENT Declaration of M. Perer, M.D. in support of Reply in support of Motion for Sanctions re Reply (Motion related), #549 , Order on Motion for Leave to File Document Under Seal #564 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 2 (Unredacted), #2 Exhibit 3 (Unredacted))(Westerfeld, Bryan)
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Filing 565
MEMORANDUM in Opposition to Emergency EX PARTE APPLICATION to Stay pending STAY OF DICOVERY PENDING AN EVIDENTIARY HEARING #561 filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 569
MINUTES OF Hearing held before Magistrate Judge Alexander F. MacKinnon re Counterclaim Plaintiffs' Request for Sanctions #516 . The Court provided an oral statement of its ruling. A written order will be forthcoming. Recorded on Courtsmart. (ib)
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Filing 564
ORDER by Magistrate Judge Alexander F. MacKinnon granting #550 EX PARTE APPLICATION TO FILE UNREDACTED COPY OF DECLARATION OF M. PERER, M.D. UNDER SEAL. (ib)
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Filing 563
TRANSCRIPT ORDER as to Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory for Court Smart (CS). Court will contact Kamille Dean at kamille@kamilledean.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Dean, Kamille)
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Filing 562
REQUEST for Leave to file Surreply to United Reply re Request for Sanctions filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Request set for hearing on 10/17/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Supplement Surreply, #2 Proposed Order Proposed Order) (Dean, Kamille)
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Filing 561
Emergency EX PARTE APPLICATION to Stay pending STAY OF DICOVERY PENDING AN EVIDENTIARY HEARING filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order Granting Stay of Discovery) (Dean, Kamille)
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Filing 560
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Objection to Declaration of Marvin Perer under seal #559 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Unredacted Document Unredacted Objection and Declaration)(Dean, Kamille)
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Filing 559
APPLICATION to file document Objection to Declaration of Marvin Perer under seal filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order, #2 Redacted Document)(Dean, Kamille)
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Filing 558
OBJECTIONS to Reply (Motion related), #549 Objection to Declaration of Michelle Grant filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 557
AFFIDAVIT by affiant: Kamille R. Dean and Brian Oxman re Reply (Motion related), #549 regarding counterclaim defendants' inability to respond to discovery filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory (Dean, Kamille)
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Filing 556
AFFIDAVIT by affiant: Mark Jubelt re MEMORANDUM in Opposition to Motion,,,, #547 Supplemental Declaration of Mark Jubelt filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory (Dean, Kamille)
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Filing 555
AFFIDAVIT by affiant: Kamille R. Dean re MEMORANDUM in Opposition to Motion,,,, #547 Supplemental Declaration of Kamille Dean filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory (Dean, Kamille)
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Filing 554
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Declaration in SupportDeclaration, #551 served on 10/13/2017. (Westerfeld, Bryan)
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Filing 553
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re EX PARTE APPLICATION to file document Declaration of M. Perer, M.D. and Exhibits 2-3 under seal #550 served on 10/13/2017. (Westerfeld, Bryan)
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Filing 552
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Reply (Motion related), #549 served on 10/13/2017. (Westerfeld, Bryan)
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Filing 551
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document Declaration of M. Perer, M.D. and Exhibits 2-3 under seal #550 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of M. Perer, M.D. in support of Motion for Sanctions (Unredacted), #2 Exhibit 2 to Declaration of M. Perer (Unredacted), #3 Exhibit 3 to Declaration of M. Perer (Unredacted))(Westerfeld, Bryan)
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Filing 550
EX PARTE APPLICATION to file document Declaration of M. Perer, M.D. and Exhibits 2-3 under seal filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Granting Application for Leave to File Under Seal, #2 Declaration of M. Perer, M.D. in support of Motion of Sanctions)(Westerfeld, Bryan)
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Filing 549
REPLY in support of Request for Sanctions (Dkt. 516) filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of M. Grant in support of Motion for Sanctions, #2 Exhibit 1-5 to Declaration of M. Grant, #3 Declaration of M. Perer, M.D. in support of Motion for Sanctions (Redacted))(Westerfeld, Bryan)
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Filing 548
NOTICE OF ERRATA filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. correcting Response in Opposition to Motion,,,, #544 (Dean, Kamille)
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Filing 547
MEMORANDUM in Opposition to Request for Sanctions (Dkt. 516) - amended to redact exhibit filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory, Plaintiff Independent Medical Services, Inc.. (Dean, Kamille)
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Filing 546
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Leave to file Untimely filed document pursuant to Local Rule 5-4.6.2 due to technical failures #545 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): The CM/Ecf docket entry indicates a hearing date of 10/17/2017 at 10:00 am, which is untimely.. 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. (sbou)
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Filing 545
APPLICATION for Leave to file Untimely filed document pursant to Local Rule 5-4.6.2 due to technical failures filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. Application set for hearing on 10/17/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Dean, Kamille)
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Filing 544
OPPOSITION to Request for Sanctions filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Dean, Kamille)
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Filing 543
NOTICE OF FILING TRANSCRIPT filed for proceedings 3/21/2017; 6/22/2017; 7/6/2017; 7/20/2017; 8/2/2017; 8/16/2017 re Transcript #540 , #537 , #542 , #538 , #541 , #539 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
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Filing 542
TRANSCRIPT for proceedings held on 8/16/2017; 2:02 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 541
TRANSCRIPT for proceedings held on 8/2/2017; 2:07 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 540
TRANSCRIPT for proceedings held on 7/20/2017; 2;02 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 539
TRANSCRIPT for proceedings held on 7/6/2017; 2:04 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 538
TRANSCRIPT for proceedings held on 6/22/2017; 2:02 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 537
TRANSCRIPT for proceedings held on 3/21/2017; 11:08 a.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 10/17/2017. Redacted Transcript Deadline set for 10/27/2017. Release of Transcript Restriction set for 12/26/2017. (at)
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Filing 536
ORDER by Judge Michael W. Fitagerald: The Stipulation for Extension of Time to File Response to Third Amended Counterclaim #535 is GRANTED. Counterclaim Defendants' response is due by 11/10/2017. (cw)
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Filing 535
STIPULATION for Extension of Time to File Answer to Third Amended Counterclaim filed by Counterclaim Defendant et al Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Dean, Kamille)
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Filing 534
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Document, #532 served on 9/15/17. (Westerfeld, Bryan)
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Filing 533
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Amended Counterclaim,,,,, #531 served on 9/15/17. (Westerfeld, Bryan)
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Filing 532
SEALED DOCUMENT Unredacted Third Amended Counterclaim re Order on Motion to Amend/Correct #526 , Order on Motion for Leave to File Document Under Seal, #512 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit A-G to Third Amended Counterclaim (Unredacted), #2 Appendix I-III to Third Amended Counterclaim (Unredacted))(Westerfeld, Bryan)
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Filing 531
THIRD AMENDED COUNTERCLAIM against Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory amending Amended Counterclaim,,,,, #152 , filed by Counterclaim Plaintiffs OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc. (Attachments: #1 Exhibit A-G to Third Amended Counterclaim (Redacted), #2 Appendix I-III to Third Amended Counterclaim (Redacted))(Westerfeld, Bryan)
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Filing 530
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: MODIFICATION OF BRIEFING SCHEDULE RE COUNTERCLAIM PLAINTIFFS' REQUEST FOR SANCTIONS #516 : Counterclaim Defendants' response to request for sanctions due 10/6/17. United may file a reply by 10/13/17. A hearing on the request for sanctions is set 10/17/17 at 10:00 a.m. Any other relief sought in the application is denied without prejudice. (ib)
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Filing 529
OPPOSITION to EX PARTE APPLICATION to Extend Time to File Answer to 10/6/2017 #528 United's Response to Ex Parte Motion to Vacate Sanctions Hearing and Motion for Extension to Respond to Request for Sanctions filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 528
EX PARTE APPLICATION to Extend Time to File Answer to 10/6/2017 filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Attorney Kamille Rae Dean added to party 1 800 Get Thin, LLC(pty:cd), Attorney Kamille Rae Dean added to party Bakersfield Surgery Institute, LLC(pty:cd), Attorney Kamille Rae Dean added to party Beverly Hills Surgery Center LLC(pty:cd), Attorney Kamille Rae Dean added to party CIRO Surgery Center, LLC(pty:cd), Attorney Kamille Rae Dean added to party DEVIDA, USA, LLC(pty:cd), Attorney Kamille Rae Dean added to party Does(pty:cd), Attorney Kamille Rae Dean added to party East Bay Ambulatory Surgery Center, LLC(pty:cd), Attorney Kamille Rae Dean added to party Cindy Omidi(pty:cd), Attorney Kamille Rae Dean added to party Kambiz Benjamin Omidi(pty:cd), Attorney Kamille Rae Dean added to party Michael Omidi, M.D.(pty:cd), Attorney Kamille Rae Dean added to party Palmdale Ambulatory Surgery Center, a medical corporation(pty:cd), Attorney Kamille Rae Dean added to party Property Care Insurance, Inc.(pty:cd), Attorney Kamille Rae Dean added to party Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc.(pty:cd), Attorney Kamille Rae Dean added to party Surgery Center Management(pty:cd), Attorney Kamille Rae Dean added to party Top Surgeons LLC Nevada(pty:cd), Attorney Kamille Rae Dean added to party Top Surgeons, Inc.(pty:cd), Attorney Kamille Rae Dean added to party Top Surgeons, LLC(pty:cd), Attorney Kamille Rae Dean added to party Valley Surgical Center, LLC(pty:cd), Attorney Kamille Rae Dean added to party Woodlake Ambulatory(pty:cd)) (Dean, Kamille)
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Filing 527
MINUTES (In Chambers): ORDER GRANTING X PARTE APPLICATION to Extend Time to File Motion to Reconsider Order Denying Jury Trial #520 by Judge Michael W. Fitzgerald: The Court is not certain that this Application is necessary, but to reassure new counsel, the Court GRANTS the requested relief. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp)
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Filing 526
MINUTES (In Chambers): ORDER GRANTING Motion for Leave to Amend Counterclaims #506 by Judge Michael W. Fitzgerald: The Motion is GRANTED. Defendants shall electronically file the amended counterclaims on or before 9/15/2017. (jp)
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Filing 525
ORDER SETTING BRIEFING SCHEDULE AND HEARING RE REQUEST FOR SANCTIONS by Magistrate Judge Alexander F. MacKinnon. Counterclaim Plaintiffs (collectively "United") have filed a request for sanctions against Counterclaim Defendants (see ECF No. 516), arising out of the failure of Counterclaim Defendants to comply with the Court's order dated March 22 2017 (ECF No. 462). According to United, Counterclaim Defendants have failed to produce a single document or supplement a single interrogatory in violation of the Court's order. To resolve the issue of sanctions, the Court schedules a hearing on October 5, 2017 at 10 a.m. Counterclaim Defendants may file a written response to the request for sanctions on or before September 22, 2017, and United may file a reply on or before September 29, 2017. re Response, #516 , Order on Motion for Order, #462 . (sbou)
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Filing 524
ORDER by Judge Michael W. Fitzgerald GRANTING Request for Approval of Substitution of Kamille Dean for Plaintiffs in place and stead of Mark Jubelt #518 . Counsel are reminded that compliance with the Local Rules and Judge Fitzgerald's Procedures and Schedules is mandatory. The Court did not receive the required word-processing version of this proposed order. Failure to comply in future filings may result in the striking of documents from the docket. (jp)
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Filing 523
NOTICE OF CLERICAL ERROR: Due to clerical error Re: Order on Motion for Extension of Time to Answer #521 was docketed without Silver Ball and No service via Electronically to all parties; The Order has been re-docketed and served upon all parties as docket entry #522 . Please disregard document number 521. (jp)
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Filing 522
ORDER TO EXTEND DEADLINES REGARDING MOTION TO AMEND COUNTERCLAIM #519 by Judge Michael W. Fitzgerald re EX PARTE APPLICATION for Extension of Time to Answer. DENIED AS MOOT. HEARING HAS BEEN TAKEN OFF CALENDAR (DOCKET NO. 517). (jp)
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Filing 521
ORDER TO EXTEND DEADLINES REGARDING MOTION TO AMEND COUNTERCLAIM #519 by Judge Michael W. Fitzgerald re EX PARTE APPLICATION for Extension of Time to Answer. DENIED AS MOOT. HEARING HAS BEEN TAKEN OFF CALENDAR (DOCKET NO. 517). (jp)
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Filing 520
EX PARTE APPLICATION for Extension of Time to File Motion for reconsideration re Jury Trial filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Jubelt, Mark)
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Filing 519
EX PARTE APPLICATION to Extend Time to File Answer to 10/13/2017 filed by counter-defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Jubelt, Mark)
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Filing 518
REQUEST TO SUBSTITUTE ATTORNEY Kamille R. Dean in place of attorney Mark Jubelt filed by counter-defendant 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, Does, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (Attachments: #1 Proposed Order Proposed Order) (Attorney Mark LaRue Jubelt added to party Does(pty:cd), Attorney Mark LaRue Jubelt added to party Cindy Omidi(pty:cd)) (Jubelt, Mark)
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Filing 517
MINUTES (IN CHAMBERS): COURT ORDER TAKING HEARING ON Motion to Amend Counterclaim #506 OFF CALENDAR and UNDER SUBMISSION by Judge Michael W. Fitzgerald: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for 9/18/2017, is vacated and taken off calendar. An order will issue. (jp)
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Filing 516
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Companyto Status Report #505 , Status Report #504 United's Response to Counterclaim Defendants' Status Report Regarding Production of Documents and Responses to Discovery (Westerfeld, Bryan)
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Filing 515
MINUTE (In Chambers): ORDER DISCHARGING ORDER TO SHOW CAUSE RE JURY TRIAL #467 by Judge Michael W. Fitzgerald: The Court concludes that the Almont Defendants right to a jury trial is WAIVED as to the legal claims. (SEE ATTACHMENT FOR FURTHER DETAILS). (jp)
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Filing 514
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Document,, #513 Seal Document: Proposed Third Amended Counterclaim served on 8/23/17. (Westerfeld, Bryan)
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Filing 513
SEALED DOCUMENT Proposed Third Amended Counterclaim re NOTICE OF MOTION AND MOTION to AMEND Amended Counterclaim,,,,, #152 #506 , Order on Motion for Leave to File Document Under Seal, #512 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit Exhibits A-G to Proposed Third Amended Counterclaim, #2 Appendix Appendices I-III to Proposed Third Amended Counterclaim)(Westerfeld, Bryan)
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Filing 512
ORDER by Judge Michael W. Fitzgerald: granting #507 EX PARTE APPLICATION to Seal Document. It is hereby ORDERED that Counterclaim Plaintiffs may file the following documents under seal: 1. Unredacted copy of the Third Amended Counterclaim; and 2. Unredacted copies of all appendices and exhibits to the Third Amended Counterclaim. IT IS SO ORDERED. (jloz)
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Filing 511
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re Sealed Declaration in SupportDeclaration,, #508 Declaration of M. Grant in Support of Ex Parte Application to File Under Seal served on 8/22/17. (Westerfeld, Bryan)
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Filing 510
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re EX PARTE APPLICATION to file document Third Amended Counterclaim under seal #507 Ex Parte Application to file Third Amended Counterclaim Under Seal served on 8/21/17. (Westerfeld, Bryan)
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Filing 509
PROOF OF SERVICE filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, re NOTICE OF MOTION AND MOTION to AMEND Amended Counterclaim,,,,, #152 #506 Notice of Motion and Motion to Amend Counterclaims served on 8/21/17. (Westerfeld, Bryan)
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Filing 508
SEALED DECLARATION IN SUPPORT OF EX PARTE APPLICATION to file document Third Amended Counterclaim under seal #507 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Unredacted Document Proposed Third Amended Counterclaim, #2 Unredacted Document Exhibits A-G to Proposed Third Amended Counterclaim, #3 Unredacted Document Appendices I-III to Proposed Third Amended Counterclaim, #4 Unredacted Document Redline Comparison of SACC v. TACC)(Westerfeld, Bryan)
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Filing 507
EX PARTE APPLICATION to file document Third Amended Counterclaim under seal filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Redacted Document Proposed Third Amended Counterclaim, #2 Redacted Document Exhibits A-G to Proposed Third Amended Counterclaim, #3 Redacted Document Appendices I-III to Proposed Third Amended Counterclaim, #4 Proposed Order Granting Ex Parte Application to File Under Seal)(Westerfeld, Bryan)
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Filing 506
NOTICE OF MOTION AND MOTION to AMEND Amended Counterclaim,,,,, #152 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. Motion set for hearing on 9/18/2017 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Law in Support of Motion to Amend Counterclaims, #2 Redacted Document Proposed Third Amended Counterclaim, #3 Redacted Document Exhibits A-G to Proposed Third Amended Counterclaim, #4 Redacted Document Appendices I-III to Proposed Third Amended Counterclaim, #5 Declaration of M. Grant in Support of Motion to Amend Counterclaims, #6 Proposed Order Granting Motion to Amend Counterclaims) (Westerfeld, Bryan)
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Filing 505
STATUS REPORT regarding the Dr. Stanton non produced Document filed by Counter Defendant 1 800 Get Thin, LLC. (Jubelt, Mark)
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Filing 504
STATUS REPORT Regarding production/responses filed by Counter Defendant 1 800 Get Thin, LLC. (Jubelt, Mark)
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Filing 503
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: Counsel for counterclaim defendants (Mr. Jubelt) states that he and his clients have not complied with the order of 8/3/17 #501 . Counterclaim defendants and their counsel are further ordered to meet the requirements of the 8/3/17 order by 8/21/17. Requests for sanctions may be entertained by the Court after consideration of any submissions by counterclaim defendants on 8/21/17. Recorded on Courtsmart. (ib)
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Filing 502
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re further Telephone Conference set 8/16/17 at 2:00PM. (See document for details). (ib)
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Filing 499
NOTICE of Change of Attorney Business or Contact Information: for attorney Larry A Walraven counsel for Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo CA 92656. Filed by Defendants and Counter Claimants United Healthcare Services, Inc., United Healthcare Insurance Company, OptumInsight, Inc.. (Walraven, Larry)
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Filing 498
NOTICE of Change of Attorney Business or Contact Information: for attorney Nicole Elizabeth Wurscher counsel for Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo CA 92656. Filed by Defendants and Counter Claimants United Healthcare Services, Inc., United Healthcare Insurance Company, OptumInsight, Inc.. (Wurscher, Nicole)
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Filing 497
NOTICE of Change of Attorney Business or Contact Information: for attorney Bryan Scott Westerfeld counsel for Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Changing address to 20 Enterprise, Suite 310 Aliso Viejo CA 92656. Filed by Defendants and Counter Claimants United Healthcare Services, Inc., United Healthcare Insurance Company, OptumInsight, Inc.. (Westerfeld, Bryan)
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Filing 501
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Telephone Conference #500 : (See document for details and schedules). (ib)
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Filing 500
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: Further telephone conference re discovery is held. The matter is continued to 8/16/17 at 2pm for a further telephone conference. The Court shall issue a further order. Recorded on Courtsmart. (ib)
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Filing 496
REPLY in support of PLAINTIFFS RESPONSE TO ORDER TO SHOW CAUSE REGARDING JURY TRIAL filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 495
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: A Further Telephonic Conference regarding discovery in this matter has been scheduled for 8/2/17 at 2:00p.m. before the Honorable Alexander F. MacKinnon. (See document for call-in information.) (ib)
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Filing 493
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Companyto Order on Motion for Extension of Time to File, #487 (Grant, Michelle)
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Filing 494
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: A further telephone conference is scheduled for 8/2/17 at 2:00PM. Recorded on Courtsmart. (ib)
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Filing 492
Mail Returned addressed to Roger Jon Diamond, Roger J Diamond Law Offices, 2115 Main St, Santa Monica, CA 90405 re Telephone Conference, #486 (sbou)
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Filing 491
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: A Further Telephonic Conference regarding discovery in this matter has been scheduled for 7/20/17 at 2:00p.m. before the Honorable Alexander F. MacKinnon. (See document for call-in information.) (ib)
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Filing 490
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: Further telephone conference set 7/20/17 at 2:00pm. Recorded on Courtsmart. (ib)
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Filing 489
RESPONSE filed by Counter Defendant Almont Ambulatory Surgery Center, a medical corporationto Order on Motion for Extension of Time to File, #487 Order to Show Cause Re Jury Trial (Jubelt, Mark)
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Filing 488
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: A further Telephone Conference to discuss the Providers' progress in complying with discovery orders is scheduled for for 7/6/2017 2:00 PM before Magistrate Judge Alexander F. MacKinnon. (See document for call-in information). (ib)
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Filing 487
ORDER On Counter Defendants Ex Parte Application for Extension of time to Respond to the Court's April 10, 2017 Order to Show Cause re: Jury Trial #484 by Judge Michael W. Fitzgerald that (1) Counter-Defendants' response to the Court's April 10, 2017, Order to Show Cause Why this Trial Should Be by Jury Trial due June 23, 2017, is now due to July 3, 2017; (2) Counter-Claimants' response to the Order to Show Cause is now due July 21, 2017. (jp)
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Filing 485
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Extension of Time to File Response to Order to Show Cause re Jury Trial #484 . The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as separate attachment. 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. (jloz)
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Filing 484
EX PARTE APPLICATION for Extension of Time to File Response to Order to Show Cause re Jury Trial filed by Cross-Defendants Almont Ambulatory Surgery Center, LLC. (Jaroscak, Maureen)
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Filing 486
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: A further telephone conference is scheduled for 7/6/17 at 2:00PM to discuss the Providers' progress in complying with discovery orders. Recorded on Courtsmart. (ib)
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Filing 483
Mail Returned addressed to Roger Jon Diamond, Roger J Diamond Law Offices, 2115 Main St, Santa Monica, CA 90405 re Minutes of In Chambers Order/Directive - no proceeding held, #476 (sbou)
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Filing 482
STATUS REPORT Joint Status Report re: Motion to Compel Responses to HKG LLP Subpoena filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 481
STATUS REPORT Joint Status Report re: Order Requiring Providers to Produce all Responsive Documents and Prepare Substantive Interrogatory Answers filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 480
ORDER by Judge Michael W. Fitzgerald: The Ex Parte Application for Extension of Time to Respond to Order to Show Cause #479 is GRANTED. Counter-defendants' response is due 6/23/17; counter-claimants' response is due 7/7/2017. (cw)
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Filing 479
EX PARTE APPLICATION for Extension of Time to File Response to OSC re Jury Trial filed by Cross-Defendants Almont Ambulatory Surgery Center, LLC. (Jaroscak, Maureen)
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Filing 478
Effective May 24, 2017, Judge MacKinnon will be located at the Edward R. Roybal Federal Building, COURTROOM 840 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 840 of the Roybal Federal Building, and all mandatory chambers copies shall be hand delivered to the judge's mail box located outside the Clerk's Office on the 12th floor of the Roybal Federal Building. 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 the Roybal Federal Building, 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 476
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re counterclaim plaintiffs' status report re the motion to compel responses to United's first set of discovery #472 . The joint status report due date is continued to 6/13/17. (See document for details). (See Order on Motion to Compel #462 ). M (ib)
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Filing 475
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon re Joint Status Report #473 . The joint status report due date is continued to 6/13/17. (See document for details). (See Order on Motion to Compel #463 ). (ib)
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Filing 477
Mail Returned addressed to Roger Jon Diamond, Roger J Diamond Law Offices, 2115 Main St, Santa Monica, CA 90405 re Leave For In Camera Review, #470 . (sbou)
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Filing 474
ORDER On Counter-Defendants Ex Parte Application for Extension of Time to Respond to the Court 4/10/2017 Order to Show Cause re: Jury trial #471 by Judge Michael W. Fitzgerald that (1) Counter-Defendants' response to the Court's 4/10/2017, Order to Show Cause Why this Trial Should Be by Jury Trial originally due 5/8/2017, is now due to 6/9/2017; (2) Counter-Claimants' response to the Order to Show Cause is now due 6/23/2017. (jp)
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Filing 473
STATUS REPORT Joint Status Report Re: Motion to Compel Responses to HKG LLP Subpoena filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of M. Jubelt regarding Discovery Status)(Westerfeld, Bryan)
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Filing 472
STATUS REPORT Re: Motion to Compel Responses to First Set of Discovery filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 471
EX PARTE APPLICATION for Extension of Time to File Response to Court 4-10-17 Order to Show Cause filed by Cross-Defendants Almont Ambulatory Surgery Center, LLC. (Attorney Maureen Jaroscak added to party Almont Ambulatory Surgery Center, LLC(pty:cd)) (Jaroscak, Maureen)
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Filing 470
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon: granting #446 APPLICATION for Leave to file in camera and under seal. The Court considered the declaration and its attachments in connection with its minute order dated March 22, 2017. #463 . (sbu)
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Filing 469
ORDER/REFERRAL to ADR Procedure No 3 by Judge Michael W. Fitzgerald. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 11/2/2018. (jp)
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Filing 468
ORDER RE JURY TRIAL by Judge Michael W. Fitzgerald: Last Day to Add Parties/Amend Pleadings due by 9/18/2017. Non-expert Discovery cut-off 9/14/2018. Last Day to Conduct ADR Proceeding is 11/2/2018. File Memorandum of Contentions of Fact and Law, Exhibit and Witness Lists, Status Report regarding settlement, and all Motions in Limine by 12/14/2018. Proposed Pretrial Order due by 12/21/2018., Final Pretrial Conference and Hearing on Motions in Limine set for 1/7/2019 at 11:00 AM. Trial Date (Est. 3-4 Days) set for 1/29/2019 at 8:30 AM. (SEE THE SECOND PAGE OF THIS ORDER FOR FURTHER THE SPECIFIED DATES). (jp)
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Filing 467
MINUTES OF SCHEDULING CONFERENCE before Judge Michael W. Fitzgerald: The Status Conference is held. For reasons stated on the record, the Court issues an Order to Show Cause Why this Trial Should Be a Jury Trial. The counter defendants shall file in writing, by 5/8/2017, why there is a right to jury trial in this case. The counter claimants shall file a response by 5/22/2017. The filings shall not exceed a 20 page filing. The matter will then taken under submission. Court Reporter: Lisa Gonzalez. (jp)
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Filing 466
Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer Suzuki counsel for Defendant Fox Entertainment Group, Inc.. Alana U. Thorbourne 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 Fox Entertainment Group, Inc. and Fox Health Plan. (Suzuki, Jennifer)
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Filing 465
Rule 26 Report filed by Counter Defendant 1 800 Get Thin, LLC re: Joint Report Rule 26(f) Discovery Plan #464 (Attachments: #1 Exhibit Schedule)(Jubelt, Mark)
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Filing 464
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 to 20 days, filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company.. (Westerfeld, Bryan)
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Filing 463
MINUTES (IN CHAMBERS) re United Healthcare Services, et al.'s Motion to Compel Responses to Subpoena Issued to HKG LLP (ECF No. 444) by Magistrate Judge Alexander F. MacKinnon. On May 8, 2017, PCI, HKG and United shall file a joint status report regarding PCI's privilege review and creation of a privilege log, as well as the production of documents by HKG pursuant to the subpoena. (See document for further details.) re #444 Motion to Compel. (sbou)
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Filing 462
MINUTES (IN CHAMBERS) re United Healthcare Services, et al.'s Motion to Compel Responses to First Set of Discovery to Providers (ECF No. 441) by Magistrate Judge Alexander F. MacKinnon. On May 8, 2017, the parties shall file a joint status report regarding the progress that Providers and their counsel have made in reviewing and producing documents and providing answers to interrogatories. Based on the information in the joint report, the Court will either set a date for a further hearing or set a date for a further status report. Failure of Providers and their counsel to make substantial progress by May 8, 2017 towards completion of their obligations to produce documents and to provide substantive interrogatory responses may be considered by the Court in evaluating a possible award of fees and costs to United under Fed. R. Civ. P. 37(a)(5)(A). (See document for further details.) re #441 MOTION for Order. (sbou)
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Filing 461
MINUTES OF Motion Hearing held before Magistrate Judge Alexander F. MacKinnon: Re Counterclaim Plaintiffs' Motions to Compel #441 #444 . Hearing held. The Court will issue a written order. Recorded on Courtsmart. (ib)
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Filing 460
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #433 CCA # 17-55190. The judgment of the 9th Circuit Court, entered February 24, 2017, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA ORDER #442 DISMISSED.] (mat)
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Filing 459
NOTICE OF CHANGE OF FIRM NAME filed by Defendants Fox Entertainment Group, Inc.. (Suzuki, Jennifer)
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Filing 457
ORDER SETTING SCHEDULING CONFERENCE by Judge Michael W. Fitzgerald. Scheduling Conference set for 4/10/2017 at 11:00 AM before Judge Michael W. Fitzgerald. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. See order for details. (jy)
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Filing 458
MINUTE ORDER IN CHAMBERS MOTION TO DISQUALIFY JUDGE MICHAEL W. FITZGERALD #424 by Judge Otis D. Wright, II. There was nothing even remotely improper in Judge Fitzgerald's handling of this matter. Indeed, there is no evidence of any impropriety on the part of the U.S. Attorney's Office in general or Patrick Fitzgerald in particular. And even if there were, Judge Fitzgerald lacked jurisdiction to intercede. Aside from the fact there was nothing for Judge Fitzgerald to inquire into, he lacked the authority to make the inquiry which plaintiffs seek. For these reasons, the motion seeking a recusal order is DENIED. IT IS SO ORDERED. (lom)
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Filing 456
PROOF OF SERVICE filed by Counter-Defendants Property Care Insurance, Inc., re Supplement(Motion related) #454 served on 03-07-17. (Jubelt, Mark)
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Filing 455
SUPPLEMENT to NOTICE OF MOTION AND MOTION for Order //Motion to Compel Responses to First Set of Discovery Providers Under L.R. 37-2.4 #441 Reply to #452 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Affidavit Jubelt Supplemental Declaration)(Jubelt, Mark)
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Filing 454
SUPPLEMENT to MOTION to Compel Responses to Subpoena Issued to HKG LLP #444 Reply to #451 filed by Counter Defendant Property Care Insurance, Inc.. (Jubelt, Mark)
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Filing 453
Notice of Appearance or Withdrawal of Counsel: for attorney Jennifer Suzuki counsel for Defendant Fox Entertainment Group, Inc.. Adding Jennifer Suzuki as counsel of record for Fox Entertainment Group, Inc. and Fox Health Plan for the reason indicated in the G-123 Notice. Filed by Defendant Fox Entertainment Group, Inc. and Fox Health Plan. (Attorney Jennifer Suzuki added to party Fox Entertainment Group, Inc.(pty:dft))(Suzuki, Jennifer)
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Filing 452
REPLY NOTICE OF MOTION AND MOTION for Order //Motion to Compel Responses to First Set of Discovery Providers Under L.R. 37-2.4 #441 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Supplement Declaration of Michelle Grant with Exhibits 1 and 2)(Grant, Michelle)
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Filing 451
SUPPLEMENT to MOTION to Compel Responses to Subpoena Issued to HKG LLP #444 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle Grant with Exhibit)(Grant, Michelle)
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Filing 450
MINUTES ( (IN CHAMBERS): ORDER DENYING PLAINTIFFS' MOTIONS TO ALTER OR AMEND THE COURT'S JULY 29, 2016 ORDERS [14-2139: 1920, 1922, 1924]; [14-2177: 129, 131, 132]; [14-3053: #398 , #401 , #405 by Judge Michael W. Fitzgerald. by Judge Michael W. Fitzgerald. Accordingly, for the foregoing reasons, the Motion is DENIED. IT IS SO ORDERED. (lom)
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Filing 449
Notice of Appearance or Withdrawal of Counsel: for attorney Mark LaRue Jubelt counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. Adding Imre K. Ilyes as counsel of record for Plaintiffs, Almont Ambulatory Surgery Center, LLC et al for the reason indicated in the G-123 Notice. Filed by Plaintiff Mark Jubelt. (Jubelt, Mark)
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Filing 448
OPPOSITION to NOTICE OF MOTION AND MOTION for Order //Motion to Compel Responses to First Set of Discovery Providers Under L.R. 37-2.4 #441 Declaration of Attorney Mark Jubelt filed by Counter Defendant Property Care Insurance, Inc.. (Jubelt, Mark)
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Filing 447
PROOF OF SERVICE filed by Counter-Defendants Property Care Insurance, Inc., re Response in Opposition to Motion, #445 , APPLICATION for Leave for In Camera Review #446 served on 02-28-17. (Jubelt, Mark)
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Filing 446
APPLICATION for Leave for In Camera Review filed by Counter Defendant Property Care Insurance, Inc.. (Attachments: #1 Proposed Order Proposed Order for leave to file in camera)(Jubelt, Mark)
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Filing 445
OPPOSITION to MOTION to Compel Responses to Subpoena Issued to HKG LLP #444 filed by Counter Defendant Property Care Insurance, Inc.. (Attachments: #1 Affidavit Mark Jubelt Declaration and Exhibits in Support)(Jubelt, Mark)
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Filing 444
NOTICE OF MOTION AND MOTION to Compel Responses to Subpoena Issued to HKG LLP filed by Defendant OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Motion set for hearing on 3/21/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Joint Stipulation, #2 Declaration Michelle Grant, #3 Exhibit 1, A-C, #4 Exhibit 1, D, #5 Exhibit 2, #6 Exhibit 3-4, #7 Exhibit 5-8, #8 Exhibit 9-11, #9 Exhibit 12-14, #10 Declaration Natalia M. Greene, #11 Proposed Order)(Grant, Michelle)
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Filing 443
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Order #439 . The following error(s) was found: Incorrect event selected. The correct event is: Notice of Lodging - under Category - NOTICES. Other error(s) with document(s): Motion event utilized in docketing this filing; This document tendered for the judge's approval 2/21/2017 439 should have been submitted as a separate PDF attachment to the Notice of Lodging and/or Emergency Ex Parte Applications [DE 437 and/or 438] and e-mailed to a Judge Fitzgerald generic email address a WordPerfect or Microsoft Word version of the document. Clerk has terminated the duplicate Ex Parte Applications created by document entry no. 439, which was just a Proposed Order (the pending Ex Parte Application are docket entries nos. 437 and 438. 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. (jp)
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Filing 442
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #433 filed by Almont Ambulatory Surgery Center, LLC. CCA # 17-55190. We dismiss this appeal for lack of jurisdiction. Appellants' emergency motion for a stay of district court proceedings pending appeal is denied as moot. (mat)
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Filing 441
NOTICE OF MOTION AND MOTION for Order //Motion to Compel Responses to First Set of Discovery Providers Under L.R. 37-2.4 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. Motion set for hearing on 3/21/2017 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Proposed Order, #2 Memorandum, #3 Declaration of Michelle Grant, #4 Exhibit 1-9 to the Declaration of Michelle Grant, #5 Exhibit 10-22 to the Declaration of Michelle Grant, #6 Exhibit 23-26 to the Declaration of Michelle Grant) (Westerfeld, Bryan)
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Filing 440
MEMORANDUM in Opposition to Corrected EX PARTE APPLICATION to Stay Case pending Appeal #438 filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 439
Emergency EX PARTE APPLICATION to Stay Case pending Appeal proposed order filed by Counter-Defendants Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 438
Corrected EX PARTE APPLICATION to Stay Case pending Appeal filed by Counter-Defendants Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 437
Emergency EX PARTE APPLICATION to Stay Case pending Appeal filed by Counter-Defendants Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 436
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55190 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #433 as to counterdefendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (mat)
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Filing 435
REPLY support First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 434
MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant, #2 Exhibit 1)(Grant, Michelle)
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Filing 433
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #432 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19300913.) (Jubelt, Mark)
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Filing 432
MINUTE ORDER IN CHAMBERS by Judge OTIS D. WRIGHT, II: CLARIFICATION RE: PLAINTIFFS REQUEST TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISQUALIFY JUDGE MICHAEL W. FITZGERALD, UNDER SEAL.The request to file the supporting papers in camera and under seal is DENIED. The redacted memorandum filed December 21, 2016 at DE-1974-2 is deemed filed as of that date. The hearing date of February 27, 2017 at 1:30 pm, as reflected in the amended Notice of Motion [DE-1976] remains the operative hearing date and the timeliness of opposition papers, if any, are measured against the February 27 date. (lc)
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Filing 431
REPLY in support of Plaintiffs APPLICATION to file document under seal #426 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 430
Opposition re: APPLICATION to file document under seal #426 , Amended NOTICE OF MOTION AND MOTION to Amend First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 , Sealed Declaration in Supp #428 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 429
Correspondence to the Court filed by Plaintiff Almont Ambulatory Surgery Center, LLC re: First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 , Sealed Declaration in SupportDeclaration, #427 , APPLICATION to file document under seal #426 , Referral of Motion to Disqualify (CV 54) - optional html form, #425 , Amended NOTICE OF MOTION AND MOTION to Amend First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 , Sealed Declaration in Supp #428 (Jubelt, Mark)
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Filing 428
Amended NOTICE OF MOTION AND MOTION to Amend First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 , Sealed Declaration in SupportDeclaration, #427 , APPLICATION to file document under seal #426 , Referral of Motion to Disqualify (CV 54) - optional html form, #425 filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 2/27/2017 at 01:30 PM before Judge Otis D. Wright II. (Jubelt, Mark)
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Filing 427
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #426 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Unredacted Document Unredacted Motion to Disqualify and Declaration in Support, #2 Unredacted Document Unredacted Memorandum to Disqualify)(Jubelt, Mark)
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Filing 426
APPLICATION to file document under seal filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Redacted Document Redacted Motion to Disqualify and Declaration in Support, #2 Redacted Document Redacted Memorandum to Disqualify, #3 Proposed Order Proposed Order)(Jubelt, Mark)
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Filing 425
REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 16-05 and Local Rule 72-5 First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #423 , First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald #424 is referred to Judge Otis D. Wright, II for determination. (rn)
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Filing 424
First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald filed by PLAINTIFFS Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 423
First NOTICE OF MOTION AND MOTION to Disqualify Judge Michael Fitzgerald filed by Counter-Defendants Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 422
MINUTES (In Chambers): ORDER DENYING Plaintiffs MOTION TO FILE SUPPLEMENTAL MEMORANDUM AND APPLICATION TO FILE DOCUMENTS IN CAMERA AND UNDER SEAL [14-2177: 137, 138] [14-3053: #415 , #417 ] [14-2139: 1965, 1967] before Judge Michael W. Fitzgerald: The Motion to File a Supplemental Memo is DENIED. (See attachment for further details). Because the Motion to File a Supplemental Memo is denied, the Application to Submit the Supplemental Memo Under Seal is DENIED as moot. (jp)
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Filing 421
PROOF OF SERVICE filed by PLAINTIFFS Almont Ambulatory Surgery Center, LLC, re First APPLICATION to file document Application to File In Camera and Under Seal under seal #417 served on DECEMBER 14, 2016. (Jubelt, Mark)
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Filing 420
SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Application to File In Camera and Under Seal under seal #417 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Unredacted Document Unredacted Supplemental Memorandum in Support of Motion to Alter or Amend)(Jubelt, Mark)
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Filing 419
SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Application to File In Camera and Under Seal under seal #417 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Unredacted Document Unredacted Supplemental Memorandum in Support of Motion to Alter or Amend)(Jubelt, Mark)
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Filing 418
SEALED DECLARATION IN SUPPORT OF First APPLICATION to file document Application to File In Camera and Under Seal under seal #417 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC.(Jubelt, Mark)
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Filing 417
First APPLICATION to file document Application to File In Camera and Under Seal under seal filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Redacted Document Redacted Supplemental Memorandum In Support of Motion To Alter Or Amend)(Jubelt, Mark)
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Filing 416
OPPOSITION to NOTICE OF MOTION AND MOTION to file document Supplemental Memorandum based on new evidence in support of Motion to Alter the Court's July 29, 2016 Orders under seal #415 filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 415
NOTICE OF MOTION AND MOTION to file document Supplemental Memorandum based on new evidence in support of Motion to Alter the Court's July 29, 2016 Orders under seal filed by Plaintiff Almont Ambulatory Surgery Center, LLC.(Jubelt, Mark)
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Filing 413
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that the Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal #398 and amendments #401 #405 are appropriate for submission on the papers without oral argument. Accordingly, the hearing set on the motion for December 12, 2016, is VACATED and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 412
ORDER GRANTING COUNTER-DEFENDANT JULIAN OMIDI'S EX PARTE APPLICATION TO PROVIDE SEALED TRANSCRIPT OF OCTOBER 19, 2015 #411 by Judge Michael W. Fitzgerald: The Court has reviewed Counter-Defendant Julian Omidi's unopposed Ex-Parte Application to Provide Sealed Transcript of October 19, 2015 to Petitioner Julian Omidi (the "Application") (Docket No. 411), filed December 2, 2016. The Application is GRANTED. The court reporter is directed to provide a transcript of the in camera hearing of October 19, 2015 (Docket No. 237), to Omidi and his attorneys. The transcript shall remain under seal. IT IS SO ORDERED. (jloz)
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Filing 411
EX PARTE APPLICATION for Order for produce transcript to Julian Omidi filed by plaintiff Kambiz Benjamin Omidi. (Attachments: #1 Proposed Order) (Jubelt, Mark)
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Filing 410
TRANSCRIPT ORDER as to counter-claim defendant Kambiz Benjamin Omidi for Court Reporter. Court will contact Maureen Jaroscak at maureenjaroscak@gmail.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jaroscak, Maureen)
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Filing 409
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REPLY in support of MOTION to Alter or Amend #373 #408 . The following error(s) was found: Incorrect event selected. The correct event is: Reply (Motion related) - under Category - Responses, Replies and Other Motion Related Documents. OTHER: Motion event utilized in docketing this filing; Clerk has terminated the Motion event created by document 408 only, which was just a Reply in support. Clerk had to modified your docket entry to reflect the caption of document. Please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure. 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. (jp)
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Filing 408
REPLY in support of MOTION to Alter or Amend #373 filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Supplement). (Jubelt, Mark) Modified on 11/30/2016 (jp).
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Filing 407
Opposition re: Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 , Order on Motion for Relief #373 . #405 filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal, #2 Declaration of Bryan Westerfeld in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion to Alter or Amend the Court's July 29, 2016 Order Denying Relief from Dismissal)(Westerfeld, Bryan)
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Filing 406
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #359 CCA # 16-55857. The judgment of the 9th Circuit Court, entered October 20, 2016, takes effect this date.This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure. [See USCA Order #402 DISMISSED] (mat)
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Filing 405
Amended NOTICE OF MOTION AND MOTION to Alter Judgment re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 , Order on Motion for Relief #373 . filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 12/12/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Jubelt, Mark)
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Filing 404
NOTICE TO PARTIES by District Judge Michael W. Fitzgerald. Effective November 17, 2016, Judge Fitzgerald will be located at the 1st Street Courthouse, COURTROOM 5A on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5A 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 403
COURT ORDER TAKING HEARING ON MOTION TO WITHDRAW AS ATTORNEY OF RECORD #385 OFF CALENDAR AND UNDER SUBMISSION by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for submission on the papers without oral argument. Accordingly, the hearing set on this motion for October 31, 2016, is vacated and taken off calendar. IT IS SO ORDERED. (jloz)
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Filing 402
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #359 filed by Almont Ambulatory Surgery Center, LLC. CCA # 16-55857. We have reviewed the responses to the June 29, 2016 order to show cause why this appeal should not be dismissed for lack of jurisdiction. We conclude that we lack jurisdiction to review the district courts May 16, 2016 order because the order did not dispose of the action as to all claims and all parties. (mat)
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Filing 401
Corrected NOTICE OF MOTION AND MOTION to Correct NOTICE OF MOTION AND MOTION to Amend the Court's july 29 Order Order on Motion for Relief #373 #398 notice of hearing date filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 12/5/2016 at 09:00 AM before Judge Michael W. Fitzgerald. (Jubelt, Mark)
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Filing 400
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #359 filed by Almont Ambulatory Surgery Center, LLC. CCA # 16-55857. Appellants' emergency motion to stay district court proceedings pending resolution of a petition for writ of mandamus is denied. Pursuant to the court's order filed in appeal No. 16-55844, the court will open a new docket for the petition for writ of mandamus and will address the merits of the petition in the new docket. (mat)
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Filing 399
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal #321 CCA # 16-55486. The judgment of the 9th Circuit Court, entered September 22, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule41(a) of the Federal Rules of Appellate Procedure.[See USCA ORDER #383 DISMISSED] (mat)
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Filing 398
NOTICE OF MOTION AND MOTION to Amend the Court's july 29 Order Order on Motion for Relief #373 filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 397
Notice of Appearance or Withdrawal of Counsel: for attorney Evan J Davis counsel for Intervenor United States of America. Evan J. Davis is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Intervenor USA. (Davis, Evan)
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Filing 396
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Ex Parte Application to Stay Case #390 is denied for the reasons stated in the Opposition. IT IS SO ORDERED. (cw)
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Filing 395
EX PARTE APPLICATION to Stay Case pending 9th Cir Decision on a Writ Reply to United Opposition filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 394
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REPLY in support of EX PARTE APPLICATION to Stay Proceeding pending Writ Mandate #392 . The following error(s) was found: Incorrect event selected. The correct event is: Reply (Motion related) - under Category - Responses, Replies, and Other Motion Related Documents. other error(s) with document(s): Motion event utilized in docketing this filing; Clerk has terminated the Motion event created by document 392 only and modified your docket entry to reflect the caption of document, which was just a Reply in support Ex Parte Application to Stay. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. You need not take any action in response to this notice unless and until the court directs you to do so. (jp)
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Filing 393
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Stay pending Writ of Mandate #390 . The following error(s) was found: Proposed Document was not submitted as separate attachment. OTHER: Proposed Order shall be filed as separate attachment to the e-filed "Ex Parte Application to Stay and/or NOTICE OF LODGING" and e-mailed to a Judge Fitzgerald generic email addresses a WordPerfect or Microsoft Word version of the 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. (jp)
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Filing 392
REPLY in support of Emergency EX PARTE APPLICATION to Stay Proceedings Pending Writ of Mandate to Review the Court's 9-13-16 Order filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark). Modified on 10/14/2016 (jp).
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Filing 391
Opposition Opposition re: EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir #390 filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Stephen P. Lucke with Exhibit 1)(Grant, Michelle)
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Filing 390
EX PARTE APPLICATION to Stay Case pending decision on writ to 9th cir filed by Plaintiffs Almont Ambulatory Surgery Center, LLC. (Jubelt, Mark)
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Filing 389
ORDER by Judge Michael W. Fitzgerald GRANTING Request for Approval of Substitution of Attorney Mark Jubelt for Plaintiffs in place and stead of Dmitriy Aristov #385 . (jp)
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Filing 388
REQUEST of Dmitriy Aristov Esq. to Withdraw as Attorney filed by Plaintiff/Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy)
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Filing 387
MINUTES (In Chambers): ORDER GRANTING Plaintiffs Application for an Extension of Time to Respond to Court Order [14-2139: 1903] [14-2177: 115] [14-3053: #384 ] by Judge Michael W. Fitzgerald: Plaintiffs Application is GRANTED. The unredacted version of Plaintiffs motion and accompanying exhibits shall be submitted by no later than 10/17/2016. (jp)
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Filing 386
Notice of Appearance or Withdrawal of Counsel: for attorney Alana U Thorbourne counsel for Defendant Fox Entertainment Group, Inc.. Adding Alana Thorbourne as counsel of record for Fox Entertainment Group, Inc. and Fox Health Plan for the reason indicated in the G-123 Notice. Filed by Defendant Fox Entertainment Group, Inc. and Fox Health Plan. (Attorney Alana U Thorbourne added to party Fox Entertainment Group, Inc.(pty:dft))(Thorbourne, Alana)
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Filing 385
REQUEST of Dmitriy Aristov Esq. to Withdraw as Attorney filed by Plaintiff/Counter Defendant Almont Ambulatory Surgery Center, LLC. Request set for hearing on 10/31/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy)
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Filing 384
EX PARTE APPLICATION for Extension of Time to File Unredacted Motion Per Courts Order filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B) (Aristov, Dmitriy)
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Filing 383
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #321 filed by Kambiz Benjamin Omidi. CCA # 16-55486. This court lacks jurisdiction to review the district court's February 23, 2016 order denying appellant's motion to disqualify because the denial of a motion to disqualify a district court judge is not a final or otherwise appealable order. The district court's May 4, 2016 order is also not a final or otherwise appealable order. [See document for details] (mat)
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Filing 382
Opposition to Plaintiffs' Motion to Alter or Amend The Court's July 29, 2016 Order Denying Relief from Dismissal re: NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #373 . #379 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Bryan S. Westerfeld)(Grant, Michelle)
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Filing 381
OPPOSITION United Defendants' Opposition re: APPLICATION for Leave for In Camera Review #378 , NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #373 . #379 filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Grant, Michelle)
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Filing 380
FIRST AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Plaintiff Almont Ambulatory Surgery Center, LLC. Amending Notice of Appeal to 9th Circuit Court of Appeals, #359 (Aristov, Dmitriy)
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Filing 379
NOTICE OF MOTION AND MOTION to Alter Judgment re Order on Motion for Relief #373 . filed by Plaintiff Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Declaration) (Aristov, Dmitriy)
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Filing 378
APPLICATION for Leave for In Camera Review filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Aristov, Dmitriy)
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Filing 377
NOTICE of Manual Filing filed by Plaintiff Almont Ambulatory Surgery Center, LLC of MEMORANDUM OF POINTS AND AUTHORITIES FOR MOTION TO ALTER OR AMEND JUDGEMENT DECLARATIONS OF JULIAN OMIDI (ATTACHED EXHIBITS) DECLARATIONS OF MYRNA JAVIER (ATTACHED EXHIBITS) DECLARATION OF JOSEPH GAROFALO. (Aristov, Dmitriy)
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Filing 376
Notice of Appearance or Withdrawal of Counsel: for attorney Dmitriy Aristov counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. Adding Mark Jubelt as counsel of record for 1-800-GET-THIN, LLC; Ciro Surgery Center, LLC; East Bay Ambulatory Surgery Center, LLC; Palmdale Ambulatory Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC; Independent Medical Services, Inc; Surgery Center; Management, LLC; Modem Institute of Plastic Surgery & Antiaging, Inc.; Valley Surgical Center; LLC, West Hills Surgery Center, LLC; Independent Medical Services, Inc.; San Joaquin Valley Surgery Center, LLC; New Life Surgery Center, LLC; Orange Grove Surgery Center, LLC; Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills; Skin Cancer & Reconstructive Surgery Specialists of West Hills; West Hills Surgery Center, LLC; Beverly Hills Surgery Center LLC; Valencia Ambulatory Surgery Center, LLC.; Valley Surgical Center, LLC; Top Surgeons, LLC; and Woodlake Ambulatory Surgery Center, LLC; Julian Omidi; Michael Omidi for the reason indicated in the G-123 Notice. Filed by Plaintiff Almont Ambulatory Surgery Center LLC; et al. (Aristov, Dmitriy)
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Filing 375
NOTICE OF FILING TRANSCRIPT filed for proceedings 07/19/16 - 2:33 P.M re Transcript #374 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
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Filing 374
TRANSCRIPT for proceedings held on 07/19/16 - 2:33 P.M. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; csrlisag@aol.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 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. (Gonzalez, Lisa)
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Filing 373
MINUTES (IN CHAMBERS) ORDER DENYING MOTION FOR RELIEF FROM ORDER DISMISSING ACTION #349 by Judge Michael W. Fitzgerald: the Motion is DENIED. IT IS SO ORDERED. (jy)
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Filing 371
TRANSCRIPT ORDER as to Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company for Court Reporter. Court will contact Linda Skwiera at skwiera.linda@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Grant, Michelle)
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Filing 372
MINUTES OF Plaintiff Motion for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration (1786) (14-2139); Joinder (1817), (1847), (1848), (1849), (1850), (1852); Plaintiffs for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration (83)(14-2177); Plaintiffs MOTION for Relief from Order Dismiss Action Pursuant to FRCP 60(b)(1) and Motion Motion for Reconsideration #349 (14-3053) before Judge Michael W. Fitzgerald: Case called. The Court hears oral argument from counsel and takes the motions under submission. An order will issue. Court Reporter: Lisa Gonzalez. (jp)
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Filing 370
SCHEDULING NOTICE CONTINUING HEARING by Judge Michael W. Fitzgerald. Motions currently set for hearing on 7/19/2016 at 10:00 AM, have been continued to 7/19/2016 at 2:00 PM before Judge Michael W. Fitzgerald. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 369
SCHEDULING NOTICE CONTINUING HEARING by Judge Michael W. Fitzgerald. Motions for Relief from Order and for Reconsideration currently set for hearing on 7/18/2016 at 10:00 AM, have been continued to 7/19/2016 at 10:00 AM before Judge Michael W. Fitzgerald.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kss) TEXT ONLY ENTRY
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Filing 368
REPLY in Support of Motion for Relief from Dismissal First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 #349 filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Jaroscak, Maureen)
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Filing 367
Notice of Appearance or Withdrawal of Counsel: for attorney Daron L Tooch counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. DARON TOOCH is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Tooch, Daron)
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Filing 366
Opposition re: First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 #349 and Motion for Reconsideration; and Notice of Certain Plaintiffs' Suspended Corporate Status filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Timothy Branson in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for reconsideration, #2 Declaration of John Steele, #3 Declaration of Bryan S. Westerfeld in Support of United and the Jointly Represented Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #4 Declaration of Michelle S. Grant in Support of Defendants' Opposition to Plaintiffs' Motion for Relief from Orders Dismissing Actions Pursuant to FRCP 60(B)(1) and Motion for Reconsideration, #5 Exhibit A Part 1 to Grant Declaration, #6 Exhibit A Part 2 to Grant Declaration, #7 Exhibit A Part 3 to Grant Declaration, #8 Exhibit A Part 4 to Grant Declaration, #9 Exhibit B to Grant Declaration, #10 Exhibit C to Grant Declaration, #11 Exhibit D to Grant Declaration, #12 Exhibit E to Grant Declaration)(Westerfeld, Bryan)
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Filing 364
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: For the reasons stated herein, the Crossclaim Defendant's Motion for Review #325 is DENIED. IT IS SO ORDERED. (cw)
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Filing 365
NOTIFICATION by Circuit Court of Appellate Docket Number 16-55857, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, #359 as to Plaintiff Almont Ambulatory Surgery Center, LLC. (car)
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Filing 363
TRANSCRIPT for proceedings held on 6/6/16 9:42AM. Court Reporter: NAREN JANSEN, contact: narenjusdc@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 7/7/2016. Redacted Transcript Deadline set for 7/18/2016. Release of Transcript Restriction set for 9/14/2016. (nja)
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Filing 362
TRANSCRIPT ORDER as to Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company for Court Reporter. Court will contact Michelle S. Grant at grant.michelle@dorsey.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Grant, Michelle)
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Filing 361
MINUTES (In Chambers): ORDER DENYING PLAINTIFFS Ex Parte Application [14-2139: 1789], [14-2177: 87]]; [14-3053: #354 ] by Judge Michael W. Fitzgerald: Plaintiffs Ex Parte Applications are DENIED as moot. For any ex parte application in the future, counsel for Plaintiffs are ADMONISHED to determine the position of the opposing parties, and then state that position in the ex parte application. Local Rule 7.19-1. (jp)
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Filing 360
SUPPLEMENT to MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, #325 Notice of Supplemental Authority filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 359
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Almont Ambulatory Surgery Center, LLC. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17993145.) (Aristov, Dmitriy)
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Filing 358
NOTICE Notice of Date of Hearing filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Aristov, Dmitriy)
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Filing 357
TRANSCRIPT ORDER as to plaintiff Almont Ambulatory Surgery Center, LLC for Court Reporter. Court will contact Maureen Jaroscak at maureenjaroscak@gmail.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Jaroscak, Maureen)
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Filing 356
JOINDER in First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #354 filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Jaroscak, Maureen)
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Filing 355
REPLY First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal #354 Defendants' and Counter-Plaintiffs' Response to Certain Plaintiffs' Emergency Ex Parte Motion for Extension of Time to File Notice of Appeal from Orders of Dismissal filed by Defendants OptumInsight, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimant United Healthcare Services, Inc.. (Westerfeld, Bryan)
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Filing 354
First EX PARTE APPLICATION for Extension of Time to File Notice of Appeal filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order Proposed Order) (Aristov, Dmitriy)
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Filing 353
NOTICE Errata filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Aristov, Dmitriy)
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Filing 352
MINUTES OF Motion for Review of court Order (317) re Minutes of In chambers order #325 ; Status Conference re Counterclaims before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. Status Conference is held. An order will issue. Court Reporter: Naren L. Jansen. (jp)
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Filing 351
JOINDER in First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 #349 filed by Plaintiff Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc.. (Jaroscak, Maureen)
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Filing 350
NOTICE of Association of Counsel associating attorney Roger Jon Diamond on behalf of Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. Filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC (Jaroscak, Maureen)
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Filing 349
First NOTICE OF MOTION AND MOTION for Relief from Dismissal Order re Minutes of In Chambers Order/Directive - no proceeding held,,, Terminated Case,, #335 filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Aristov, Dmitriy)
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Filing 348
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. To confirm, the Motion for Review of Court Order (317) re Minutes of in Chambers Order #325 and Status Conference re Counterclaims hearing is set for 6/6/2016 at 9:00AM before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 347
Notice of Appearance or Withdrawal of Counsel: for attorney Maureen Jaroscak counsel for Counter Defendant CIRO Surgery Center, LLC. Adding Robert J. Rice as counsel of record for Ciro Sugery Center, DeVida USA, East Bay Ambulatory, 1800-GET-THIN, Palmdale Ambulatory Surgery Center, San Diego Ambulatory Surgery Center, Surgery Center Management, Valley Surgical Center, and West Hills Surgery Center for the reason indicated in the G-123 Notice. Filed by Cross-Defendants Ciro Surgery Center, DeVida USA, East Bay Ambulatory Surgery Center, Palmdale Ambulatory Surgery Center, San Diego Ambulatory Surgery Center, 1800-GET-THIN, Surgery Center Management, Valley Sugical Center, and West Hills Surgery Center. (Jaroscak, Maureen)
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Filing 346
REPLY Opposition MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, #325 filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 345
Notice of Appearance or Withdrawal of Counsel: for attorney Dmitriy Aristov counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. Adding Dmitriy Aristov as counsel of record for Almont Ambulatory Surgery Center LLC; Bakersfield Surgery Institute, LLC; Modern Institute of Plastic Surgery & Antiaging, Inc; San Diego Ambulatory Surgery Center LLC; Valencia Ambulatory Surgery Center, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Almont Ambulatory Surgery Center LLC; Bakersfield Surgery Institute, LLC; Modern Institute of Plastic Surgery & Antiaging, Inc; San Diego Ambulatory Surgery Center LLC; Valencia Ambulatory Surgery Center, LLC. (Attorney Dmitriy Aristov added to party Almont Ambulatory Surgery Center, LLC(pty:pla))(Aristov, Dmitriy)
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Filing 344
SCHEDULING NOTICE ADVANCING TIME OF HEARING by Judge Michael W. Fitzgerald. On the Court's own motion, the hearing time of the Motion #325 is ADVANCED to 9:00am, on June 20, 2016. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 343
SUPPLEMENT to MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, #325 Notice of Supplemental Authority filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Declaration Declaration in Support Supplemental Authority, #2 Supplement Supplement 1 to Declaration, #3 Supplement Supplement 2 to Declaration, #4 Supplement Supplement 3 to Declaration)(Rice, Robert)
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Filing 342
REPLY Support MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, #325 Reply filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 341
NOTICE of Appearance filed by attorney Robert J Rice on behalf of Counter Defendant Independent Medical Services, Inc. (Attorney Robert J Rice added to party Independent Medical Services, Inc.(pty:cd))(Rice, Robert)
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Filing 340
Notice of Appearance or Withdrawal of Counsel: for attorney Katherine Markowski Dru counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. KATHERINE M. DRU is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Dru, Katherine)
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Filing 339
Notice of Appearance or Withdrawal of Counsel: for attorney Daron L Tooch counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. DARON TOOCH is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Tooch, Daron)
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Filing 338
Notice of Appearance or Withdrawal of Counsel: for attorney Bridget A Gordon counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. BRIDGET GORDON is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by former counsel for plaintiff Almont. (Gordon, Bridget)
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Filing 337
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: At the request of counsel, and with the approval of the Court, the Status Conference is continued to June 6, 2016 following the hearing on the Motion for Review of Court Order #325 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 336
MINUTE ORDER (IN CHAMBERS): COURT ORDER SETTING STATUS CONFERENCE RE COUNTERCLAIMS by Judge Michael W. Fitzgerald. On the Court's own motion, a Status Conference is set for June 2, 2016 at 10:30 a.m. Attorney Roger Diamond may appear at the status conference on behalf of the defaulting entities. IT IS SO ORDERED. (Case reopened. MD JS-5.) (lom)
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Filing 335
MINUTE ORDER (In Chambers): ORDER DISMISSING ACTION WITH PREJUDICE by Judge Michael W. Fitzgerald. Accordingly, Plaintiffs' Complaint is DISMISSED with prejudice. The Court will arrange a telephonic status conference in the near future to discuss the mechanics of proceeding with Defendants Counterclaim in this action. The Court ORDERS the Clerk to send copies of this Order to prior counsel at Hooper, Lundy and Bookman, P.C., and to potential new counsel Roger J. Diamond, Esq., to be provided to Plaintiffs. IT IS SO ORDERED. (Made JS-6. Case Terminated.) (lom)
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Filing 334
OPPOSITION Opposition re: MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, #325 Denying Motion to Quash Third-Party Subpoenas filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 333
OBJECTIONS to Order on Motion to Supplement re Discovery Matter, #328 Objections to Magistrate Order Re: Motion to Quash Bank Subpoenas (ECF No. 328) filed by Counter Defendant Kambiz Benjamin Omidi. (Jaroscak, Maureen)
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Filing 332
RESPONSE filed by Plaintiff Almont Ambulatory Surgery Center, LLCto Order on Motion to Withdraw as Attorney,,, #318 Response of Attorney Roger Diamond to Orders to Show Cause (Jaroscak, Maureen)
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Filing 331
First AMENDED NOTICE OF APPEAL to 9th CIRCUIT filed by Respondent Kambiz Benjamin Omidi. Amending Notice of Appeal to 9th Circuit Court of Appeals, #321 Filed On: 03/23/2016; Entered On: 03/23/2016; (Rice, Robert)
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Filing 330
MINUTE (In Chambers): ORDER RE: NOTICE OF REMOVAL by Judge Michael W. Fitzgerald: The Supplemental Motion and Notice of Errata are ORDERED to be referred to Case No. 2:16-CM-00127-UA-1. (jp)
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Filing 329
TEXT ONLY ENTRY: Docket Entry #328 is clarified to state that document #292 is denied as provided in the Minute Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ib)
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Filing 328
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon denying #300 MOTION to Supplement Joint Stipulation Motion Quash re Joint Stipulation re Discovery Motion #292 , filed by Plaintiff Counter Claim Defendant Kambiz Benjamin Omidi. (See document for details). (ib)
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Filing 327
DEFENDANTS' AND COUNTER-PLAINTIFFS' RESPONSE TO JULIAN OMIDI'S OBJECTION TO UNITED'S EXHIBITS RE: MOTION TO QUASH SUBPOENAS re MOTION to Supplement Joint Stipulation Motion Quash re Joint Stipulation re Discovery Motion #292 #300 , NOTICE OF MOTION AND MOTION for Joinder in First MOTION to Quash Subpoena for Bank Records requested by United #248 #252 , First MOTION to Quash Subpoena for Bank Records requested by United #248 , APPLICATION to file document Joint Stipulation and Exhibits 2, 3, 5, and 7 re: Motion to Quash under seal #298 PER MINUTE ORDER IN CHAMBERS (DOC. #326) filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 326
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court has received the Counterclaim Defendant Julian Omidi's Objection to United's Submission of Exhibits Re: Motion to Quash Third Party Subpoeas [sic] and Request for Reconsideration [sic]. #324 The Court requests a reply by United to the following sections of the Objection: Section C on pages 4-9, Section D on pages 9-15, Section E.1 and E.2 on pages 15-17, and Section E.5 on pages 20-21. Uniteds reply to these sections shall be limited to 15 pages or less and shall be filed by 4/13/16. (ib)
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Filing 325
NOTICE OF MOTION AND MOTION for Review of Court Order DKT 317 re #317 Minutes of In Chambers Order/Directive - no proceeding held, filed by Counterclaim Defendant Kambiz Benjamin Omidi. Motion set for hearing on 6/6/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Rice, Robert)
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Filing 324
SEALED OPPOSITION RE Minutes of In Chambers Order/Directive - no proceeding held, #317 filed by Counter Defendant Kambiz Benjamin Omidi.(Rice, Robert)
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Filing 323
NOTIFICATION by Circuit Court of Appellate Docket Number 16-55486, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #321 as to Appellant Kambiz Benjamin Omidi. (mat)
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Filing 322
SUPPLEMENT Declaration Robert Rice Re: Order to Show Cause filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 321
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Counterclaim Defendants Kambiz Benjamin Omidi. Appeal of Order on Motion for Leave to File Document Under Seal,,, Order on Motion for Recusal,, #291 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17519738.) (Rice, Robert)
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Filing 320
PROOF OF SERVICE filed by Defendants and Counterclaimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, re Sealed Document,,, #319 and Attachments #1 and #2 served on March 22, 2016. (Wurscher, Nicole)
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Filing 319
SEALED DOCUMENT March 17, 2016 Cover Letter re: Additional Documentation re Joint Stipulation re Discovery Motion #292 , MOTION to Supplement Joint Stipulation Motion Quash re Joint Stipulation re Discovery Motion #292 #300 , First MOTION to Quash Subpoena for Bank Records requested by United #248 , Minutes of In Chambers Order/Directive - no proceeding held, #317 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 United Third Party Bank Account Listing, #2 Exhibit United Exhibits to Bank Account Listing)(Wurscher, Nicole)
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Filing 318
MINUTES (In Chambers): ORDER GRANTING Motions for Leave to Withdraw as Counsel of Record for Plaintiffs [No. 14-2139: 1692; [No. 14-3053; #270 ] by Judge Michael W. Fitzgerald: the Motion is GRANTED. HLB and its lawyers are GRANTED LEAVE to withdraw and are no longer counsel of record, as of 3/14/2016. The docket will be so noted. The only duty of counsel after March 14 is to inform their former clients of the deadlines in this action. Plaintiffs are ORDERED TO SHOW CAUSE on or before 5/11/2016, as to why these actions should not be dismissed for failure to prosecute. As noted at the hearing, Defendants shall respond to the Third Amended Complaint 21 days after the Court rules on the outstanding issues the parties raised during the last round of briefing on the Motions to Dismiss. (jp)
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Filing 317
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon denying in part the Motion to Quash Bank Subpoenas #248 #292 #300 . The Court orders further briefing no later than 4/5/16. The documents submitted to the Court by the parties via email on 3/17/16 shall be filed UNDER SEAL by the parties forthwith. This Order shall constitute the Order Sealing those documents and further application as outlined in Local Rule 79-5.2.2 is not needed. (See document for details). (ib)
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Filing 316
Objection to United's Submission of Exhibits Opposition re: APPLICATION to file document Joint Stipulation and Exhibits 2, 3, 5, and 7 re: Motion to Quash under seal #298 Redacted Objection filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 315
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: The Court is in receipt of Julian Omidi's Application to File Supplemental Brief Re: Counterclaim Defendants' Motion to Quash Subpoena of Bank Records #312 . The Court will shortly be issuing an order regarding the pending motion to quash and will also address issue of a further supplemental brief from the Counterclaim Defendants in that order. Accordingly, the Application is denied as moot. (ib)
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Filing 314
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supplement (Motion related) #312 . The following errors was found: Counsel used an incorrect docketing event for docket entry #312 . The docket entry states that the entry is a SUPPLEMENT to MOTION, when in fact, the attached document is an APPLICATION that requires action by the Court. Also, counsel are advised that since 12/14/15, the case number has been changed to reflect the assignment of Magistrate Judge MacKinnon. The proper case number is 2:14-CV-03053-MWF-(AFMx). 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. (ib)
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Filing 313
Opposition re: First MOTION to Quash Subpoena for Bank Records requested by United #248 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 312
SUPPLEMENT to MOTION to Supplement Joint Stipulation Motion Quash re Joint Stipulation re Discovery Motion #292 #300 filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Proposed Order)(Rice, Robert)
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Filing 311
MINUTES OF Motion Hearing re Motion of Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi to Quash Subpoenas Duces Tecum #292 #300 held before Magistrate Judge Alexander F. MacKinnon: Each side shall submit documentation requested by the Court, in camera to the chambers email address, no later than close of business on 3/17/16, at which time the matter is deemed submitted. Recorded On Courtsmart. (ib)
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Filing 310
MINUTES OF Motion of Daron L Tooch to Withdraw as Attorney of Record for Plaintiffs (68); MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants #270 before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. Case called, and counsel state their appearance. The Court hears oral argument from counsel and GRANTS the motion. An order will issue. Court Reporter: Naren L. Jansen. (jp)
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Filing 309
JOINT STIPULATION to First MOTION to Quash Subpoena for Bank Records requested by United #248 filed pursuant to MINUTES (IN CHAMBERS) (document no. 307) re APPLICATION to Seal Documents filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 308
SEALED DOCUMENT Exhibits 2, 3, 5, and 7 to Westerfeld Declaration re Declaration (Motion related), #296 , Declaration (Motion related), #295 , Order on Motion for Leave to File Document Under Seal #307 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proof of Service)(Wurscher, Nicole)
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Filing 307
MINUTES (IN CHAMBERS) by Magistrate Judge Alexander F. MacKinnon granting in part and denying in part #298 defendant/counter-plaintiffs APPLICATION to Seal Documents. (See document for details). (ib)
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Filing 306
ORDER GRANTING ATTORNEY ROBERT J. RICES EX PARTE APPLICATION REQUESTING AN EXTENSION OF TIME TO RESPOND TO THE COURTS ORDER TO SHOW CAUSE TO MARCH 25, 2016 #302 by Judge Otis D. Wright, II (lc)
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Filing 305
RESPONSE filed by Counter Defendant Kambiz Benjamin Omidito Order on Motion for Leave to File Document Under Seal,,, Order on Motion for Recusal,, #291 (Rice, Robert)
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Filing 304
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: On the Court's own motion, the TIME for the hearing on Motion of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants #270 has been changed to 9:00 AM, on 3/14/2016, before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 303
DECLARATION of Albert Garcia In Support of Application to Extend Time to Respond to OSC EX PARTE APPLICATION for Extension of Time to File Response to OSC #302 filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 302
EX PARTE APPLICATION for Extension of Time to File Response to OSC filed by Respondent Kambiz Benjamin Omidi. (Attachments: #1 Proposed Order) (Rice, Robert)
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Filing 301
OBJECTION OPPOSITION re: APPLICATION to file document Joint Stipulation and Exhibits 2, 3, 5, and 7 re: Motion to Quash under seal #298 Declaration of Bryan Westerfeld filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 300
NOTICE OF MOTION AND MOTION to Supplement Joint Stipulation Motion Quash re Joint Stipulation re Discovery Motion #292 filed by Plaintiff Counter Claim Defendant Kambiz Benjamin Omidi. Motion set for hearing on 3/15/2016 at 10:00 AM before Magistrate Judge Alexander F. MacKinnon. (Attachments: #1 Declaration, #2 Declaration)(Rice, Robert)
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Filing 299
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Joint Stipulation and Exhibits 2, 3, 5, and 7 re: Motion to Quash under seal #298 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Unredacted Document Joint Stipulation re: Motion to Quash, #2 Unredacted Document Exhibits 2, 3, 5, and 7)(Wurscher, Nicole)
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Filing 298
APPLICATION to file document Joint Stipulation and Exhibits 2, 3, 5, and 7 re: Motion to Quash under seal filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Re: Application to File Under Seal, #2 Redacted Document Redacted Joint Stipulation, #3 Redacted Document Redacted Exhibits)(Wurscher, Nicole)
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Filing 297
REPLY in support of NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants #270 filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Declaration of Eric Chan)(Tooch, Daron)
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Filing 296
DECLARATION of Bryan Westerfeld in support of United's Opposition to Motion to Quash First MOTION to Quash Subpoena for Bank Records requested by United #248 REDACTED EXHIBITS 6-10 filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Rice, Robert)
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Filing 295
DECLARATION of Bryan Westerfeld in support of United's Opposition to Motion to Quash First MOTION to Quash Subpoena for Bank Records requested by United #248 REDACTED DECLARATION & EXHIBITS filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Rice, Robert)
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Filing 294
EXHIBIT Exhibits 6-10 to Declaration of Bryan S. Westerfeld to First MOTION to Quash Subpoena for Bank Records requested by United #248 filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Rice, Robert)
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Filing 293
DECLARATION of Bryan S. Westerfeld in support of United's Opposition to Motion to Quash First MOTION to Quash Subpoena for Bank Records requested by United #248 Motion to Quash filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Rice, Robert)
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Filing 292
JOINT STIPULATION to First MOTION to Quash Subpoena for Bank Records requested by United #248 filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit)(Rice, Robert)
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Filing 291
ORDER (1) DENYING Julian Omidi's Motion to disqualify Judge Michael Fitzgerald #256 , (2) DENYING Omidi's Application to file Associated Exhibits Under Seal #255 , and (3) Setting an Order to Show Cause re: Sanctions against Robert J. Rice, Esq., by Judge Otis D. Wright, II that The motion for disqualification (recusal) and the application to file associated exhibits under seal is DENIED. Robert J. Rice, Esq. is ordered to show cause in writing to this Court no later than 3/4/2016, as to why monetary sanctions should not be imposed for the conduct discussed above. (jp)
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Filing 290
OPPOSITION to NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants #270 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration Rowe Declaration in Support of United's Response, #2 Exhibit Exhibits 1-3)(Westerfeld, Bryan)
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Filing 289
NOTICE OF NON-OPPOSITION to Supplemental NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald Objection to Request to Respond to Reply #282 ERRATA Notice Non Opposition filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit)(Rice, Robert)
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Filing 288
NOTICE OF NON-OPPOSITION Dkt 282 Recusal filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 287
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF ERRATA #286 . The following error(s) was found: Incorrect event selected. The correct event is: Errata - under Category - Miscellaneous Filings (Other Documents). other error(s) with document(s): Request For Judicial Notice event utilized in docketing this filing. In the future, please use the SEARCH feature on the CM/ECF Menu Bar if you are unsure of the events to use. 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. (jp)
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Filing 286
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #272 Notice of Errata filed by Counter Defendant Kambiz Benjamin Omidi. (Attachments: #1 Exhibit)(Rice, Robert)
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Filing 285
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #274 filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 284
DECLARATION of Ian Shakramy In Support Counterclaim Defendant Julian Omidi Objection and Opposition First NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #256 (Redacted) filed by Counter Defendant Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 283
NOTICE OF LODGING filed //Notice Of Lodging Proposed Order For Leave To File A Response To Counter-defendant Julian Omidis Reply In Support Of Motion To Recuse Judge Michael W. Fitzgerald re REQUEST for Leave to file Response to Julian Omidi's Reply in Support of Motion to Recuse Judge Michael W. Fitzgerald #281 (Attachments: #1 Proposed Order)(Westerfeld, Bryan)
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Filing 282
Supplemental NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald Objection to Request to Respond to Reply filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 281
REQUEST for Leave to file Response to Julian Omidi's Reply in Support of Motion to Recuse Judge Michael W. Fitzgerald filed by Defendants and Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 280
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #274 . The following error(s) was found: Incorrect event selected. 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. (jloz)
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Filing 279
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Seal Case Exhibits #273 . The following error(s) was found: Incorrect event selected. 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. (jloz)
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Filing 278
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #272 , NOTICE OF MOTION AND MOTION to Strike declaration Michelle Grant MEMORANDUM in Opposition to Motion, #268 #271 . The following error(s) was found: Incorrect event selected. 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. (jloz)
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Filing 277
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #269 . The following error(s) was found: Incorrect event selected. 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. (jloz)
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Filing 276
PROOF OF SERVICE Almont Ambulatory Surgery Center, LLC, re NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants #270 served on February 5, 2016. (Tooch, Daron)
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Filing 275
EX PARTE APPLICATION to Seal Case Exhibits filed by Respondent Kambiz Benjamin Omidi. (Attachments: #1 Proposed Order) (Rice, Robert)
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Filing 274
NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 273
EX PARTE APPLICATION to Seal Case Exhibits filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 272
NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 271
NOTICE OF MOTION AND MOTION to Strike declaration Michelle Grant MEMORANDUM in Opposition to Motion, #268 filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 270
NOTICE OF MOTION AND MOTION of Daron L. Tooch to Withdraw as Attorney of Record for Plaintiffs and Certain Counter-Defendants Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 3/14/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Daron L. Tooch in support of Hooper, Lundy & Bookman's Motion for Leave to Withdraw as Counsel of Record, #2 Proposed Order) (Tooch, Daron)
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Filing 269
NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald filed by Respondent Kambiz Benjamin Omidi. (Attachments: #1 Exhibits) (Rice, Robert)
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Filing 268
MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #256 filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, Counter Claimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Michelle S. Grant, #2 Exhibit 1)(Grant, Michelle)
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Filing 267
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Disqualify Counsel Evan Davis #266 . The following error(s) was found: Incorrect event selected. 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. (jloz)
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Filing 266
NOTICE OF MOTION AND MOTION to Disqualify Counsel Evan Davis filed by Respondent Kambiz Benjamin Omidi. Motion set for hearing on 2/29/2016 at 09:00 AM before Judge Michael W. Fitzgerald. (Rice, Robert)
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Filing 265
NOTICE OF MOTION AND MOTION to Disqualify Counsel Evan Davis filed by Respondent Kambiz Benjamin Omidi. Motion set for hearing on 2/29/2016 at 09:00 AM before Judge Otis D. Wright II. (Rice, Robert)
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Filing 264
REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 14-03 and Local Rule 72-5 NOTICE OF MOTION AND MOTION to Disqualify Judge Fitzgerald #263 is referred to Judge Otis D. Wright, II for determination. (rn)
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Filing 263
NOTICE OF MOTION AND MOTION to Disqualify Judge Fitzgerald filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 262
MINUTE (In Chambers): ORDER Re: Motion to Disqualify Counsel #259 by Judge Michael W. Fitzgerald: This Motion is ORDERED returned to the Clerk for assignment in the ordinary course. (jp)
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Filing 261
ORDER FOR LEAVE TO FILE AN OPPOSITION TO COUNTERDEFENDANT JULIAN OMIDISMOTION TO RECUSE JUDGE MICHAEL W. FITZGERALD by Judge Otis D. Wright, II: Counter-Plaintiffs may file an opposition to the Motion to Recuse Judge Michael W.Fitzgerald by February 2, 2016. (lc)
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Filing 260
REQUEST for Leave to file an Opposition to Counter-Defendant Julian Omidi's Motion to Recuse Judge Michael W Fitzgerald filed by Defendants and Counter Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order) (Westerfeld, Bryan)
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Filing 259
First NOTICE OF MOTION AND MOTION to Disqualify Counsel Evan Davis filed by Respondent Kambiz Benjamin Omidi. Motion set for hearing on 2/25/2016 at 09:00 AM before Judge Michael W. Fitzgerald. (Rice, Robert)
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Filing 258
MINUTE (In Chambers): RESPONSE to Motion for Recusal of Judge Fitzgerald #256 by Judge Michael W. Fitzgerald. (See attachment Minute Order for further details). (jp)
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Filing 257
REFERRAL OF MOTION to Disqualify Judge Michael W. Fitzgerald has been filed. Pursuant to GO 14-03 and Local Rule 72-5, First NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald #256 is referred to Judge Otis D. Wright, II for determination. (mg)
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Filing 256
First NOTICE OF MOTION AND MOTION for Recusal of Judge Fitzgerald filed by Respondent Kambiz Benjamin Omidi. (Rice, Robert)
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Filing 255
First EX PARTE APPLICATION to file document Exhibits in support of Motion under seal filed by Counter Defendant Kambiz Benjamin Omidi.(Rice, Robert)
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Filing 254
MINUTES OF Telephone Conference held before Magistrate Judge Alexander F. MacKinnon: The Motion to Quash #248 must be refiled in the form of a joint stipulation pursuant to Local Rule 37. (See document for details). Court Recorder: (ib) (Main Document 254 replaced on 12/21/2015) (dml).
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Filing 253
NOTICE of Joinder Counterclaim Defendants Joinder In Michael Omidi, M.D. and Julian Omidis Motion To Quash Subpoenas filed by Defendant (listed as Counter Defendant) DEVIDA, USA, LLC, Cindy Omidi, Property Care Insurance, Inc.. (Kashfian, Robert)
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Filing 252
NOTICE OF MOTION AND MOTION for Joinder in First MOTION to Quash Subpoena for Bank Records requested by United #248 filed by Provider Counterclaim Defendants Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 12/21/2015 at 11:30 AM before Magistrate Judge Alexander F. MacKinnon. (Chan, Eric)
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Filing 251
MINUTE ORDER IN CHAMBERS by Magistrate Judge Alexander F. MacKinnon: A preliminary Telephone Conference is set for 12/21/2015 at 11:30AM before Magistrate Judge Alexander F. MacKinnon re: MOTION to Quash Subpoena for Bank Records #248 . (See document for details and instructions). (ib)
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Filing 250
ORDER by Judge Michael W. Fitzgerald, re First MOTION to Quash Subpoena for Bank Records requested by United #248 . REFERRED to Magistrate Judge Alexander F. MacKinnon for his determination. (shb)
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Filing 249
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 Alexander F. MacKinnon for any discovery and/or post-judgment matters that may be referred. Case number will now read as CV14-03053 MWF (AFMx). (mg)
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Filing 248
NOTICE OF MOTION AND First MOTION to Quash Subpoena for Bank Records requested by United filed by Counterclaim Defendant Kambiz Benjamin Omidi. Motion set for hearing on 2/8/2016 at 10:00 AM before Judge Michael W. Fitzgerald. (Rice, Robert)
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Filing 247
ANSWER to Amended Counterclaim,,,,, #152 Answer to Second Amended Counterclaim filed by Counter-Claim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D..(Jaroscak, Maureen)
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Filing 246
Notice of Appearance or Withdrawal of Counsel: for attorney Maureen Jaroscak counsel for Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Adding Robert J. Rice as counsel of record for Kambiz (Julian) Omidi & Michael Omidi for the reason indicated in the G-123 Notice. Filed by Counter-Claim Defendants Kambiz (Julian) Omidi & Michael Omidi. (Jaroscak, Maureen)
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Filing 245
Counter Defendants' ANSWER to Amended Counterclaim,,,,, #152 filed by Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, DEVIDA, USA, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Cindy Omidi, Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, Property Care Insurance, Inc., San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory.(Novak, Olga)
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Filing 244
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Dismiss the Second Amended Counterclaim (SACC), filed by DeVida USA, LLC, and Joinder in the Provider, Property Care Insurance, Cindy Omidi, Michael Omidi, M.D., and Julian Omidi's Motions to Dismiss #205 is DENIED. DeVida USA, LLC is ORDERED to file an answer to the SACC on or before November 20, 2015. An answer may be submitted jointly with any of the remaining Counterclaim Defendants. It will not be necessary to admit or deny each claim line listed in Appendix I. The Court will deem any explicit or implicit allegation in Appendix I to be denied. IT IS SO ORDERED. (cw)
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Filing 243
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Strike Portions of the Second Amended Counterclaim (SACC) #203 filed by Counterclaim Defendant Cindy Omidi is GRANTED in part, and DENIED in part. The Motion is GRANTED as to striking the references to money laundering in paragraphs 25 and 406(b), but in all other respects is DENIED. IT IS SO ORDERED. (cw)
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Filing 242
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Dismiss Second Amended Counterclaim (SACC) filed by Michael Omidi, M.D. and Julian Omidi, and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al.'s Motion to Dismiss Second Amended Counterclaim #166 is DENIED. Michael Omidi, M.D. and Julian Omidi are ORDERED to file an answer to the SACC within 30 days after their newly retained counsel files a notice of appearance with the Court. An answer may be submitted jointly with any of the remaining Counterclaim Defendants. It will not be necessary to admit or deny each claim line listed in Appendix I. The Court will deem any explicit or implicit allegation in Appendix I to be denied. IT IS SO ORDERED. (cw)
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Filing 241
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Dismiss the Second Amended Counterclaim (SACC) by Property Care Insurance, and Joinder in the Provider, Devida, Cindy Omidi, Michael Omidi M.D., and Julian Omidi's Motions to Dismiss #206 is DENIED. Property Care Insurance is ORDERED to file an answer to the SACC on or before November 20, 2015. An answer may be submitted jointly with any of the remaining Counterclaim Defendants. It will not be necessary to admit or deny each claim line listed in Appendix I. The Court will deem any explicit or implicit allegation in Appendix I to be denied. IT IS SO ORDERED. (cw)
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Filing 240
MINUTES (In Chambers): ORDER GRANTING Motion to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi M.D., and Julian Omidi #223 by Judge Michael W. Fitzgerald: The Motion is GRANTED. Sheppard Mullin and its attorneys are GRANTED LEAVE to withdraw and are no longer counsel of record. The docket will be so noted. The Court will not require the Omidis to take any action in regard to the Second Amended Counterclaim for 30 days from the issuance of this Order or until new counsel for the Omidis files a notice of appearance with the Court, whichever is earlier. (jp)
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Filing 239
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Dismiss the Second Amended Counterclaim (SACC) #168 filed by the Provider Counter-Defendants is GRANTED in part, and DENIED in part. The Court DISMISSES with prejudice United Healthcare's second claim for relief insofar it seeks to recover on behalf of self-funded plans. In all other respects, the Motion is DENIED. Providers are ORDERED to file an answer to the SACC on or before November 20, 2015. An answer may be submitted jointly with any of the Counterclaim Defendants. It will not be necessary to admit or deny each claim line listed in Appendix I. The Court will deem any explicit or implicit allegation in Appendix I to be denied. IT IS SO ORDERED. (cw)
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Filing 238
IN CHAMBERS ORDER by Judge Michael W. Fitzgerald: The Motion to Dismiss the Second Amended Counterclaim (SACC) by Counterclaim Defendant Cindy Omidi, and Joinder in the Provider, Property Care Insurance, Devida, Michael Omidi M.D., and Julian Omidi's Motion to Dismiss #204 is GRANTED in part, and DENIED in part. The Motion is GRANTED as to the alter ego theory of liability. In all other respects, the Motion is DENIED. Cindy Omidi is ORDERED to file an answer to the SACC on or before November 20, 2015. An answer may be submitted jointly with any of the remaining Counterclaim Defendants. It will not be necessary to admit or deny each claim line listed in Appendix I. The Court will deem any explicit or implicit allegation in Appendix I to be denied. IT IS SO ORDERED. (cw)
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Filing 237
MINUTES OF Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D., Motion to Withdraw as Counsel of Record #223 before Judge Michael W. Fitzgerald: The Court clears the courtroom, with the exception of Charles Kriendler, Ryan Kashfian, Robert Kashfian and Dr. Omidi. The Court further orders the transcript sealed. An order will issue. Court Reporter: Shayna Montgomery. (jp)
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Filing 236
SCHEDULING NOTICE ADVANCING HEARING TIME ONLY by Judge Michael W. Fitzgerald. On the Court's own motion, the Motion to Withdraw as Counsel of Record #223 scheduled for October 19, 2015, will be held at 9:00 AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 234
Opposition re: NOTICE OF MOTION AND MOTION to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi NOTICE OF MOTION AND MOTION of Sheppard, Mullin, Richter & Hampton LLP (Bryan D. Daly, Charles L. Kreindler and Barbara E. Taylor) to Withdraw as Attorney (2) Memorandum of Points and Authorities; and (3) Declaration of Charles L. Kreindler in Su #223 Opposition to and REquest for In Camera Hearing Regarding Sheppard Mullin's Motion to Withdraw as Counselfor Counter-Claimants Michael and Julian Omidi filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attorney Maureen Jaroscak added to party Kambiz Benjamin Omidi(pty:cd), Attorney Maureen Jaroscak added to party Michael Omidi, M.D.(pty:cd))(Jaroscak, Maureen)
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Filing 235
SEALED DOCUMENT - (UNREDACTED) SECOND AMENDED COUNTERCLAIM with Corrected Appendices I and II and Exhibits A Through G. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17, #17 Part 18, #18 Part 19, #19 Part 20, #20 Part 21, #21 Part 22, #22 Part 23, #23 Part 24, #24 Part 25, #25 Part 26)(gk) (Main Document 235 replaced on 10/7/2015) (iv).
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Filing 233
NOTICE of Errata re Statement of Position re Motion to be Relieved as Counsel filed by Counter-Claim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 232
NOTICE of Manual Filing filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company of Unredacted Copy of SACC with Corrected Appendices I and II and Exhibits A through G Under Seal. (Wurscher, Nicole)
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Filing 231
STATEMENT of Position re Motion to be Relieved as Counsel NOTICE OF MOTION AND MOTION to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi NOTICE OF MOTION AND MOTION of Sheppard, Mullin, Richter & Hampton LLP (Bryan D. Daly, Charles L. Kreindler and Barbara E. Taylor) to Withdraw as Attorney (2) Memorandum of Points and Authorities; and (3) Declaration of Charles L. Kreindler in Su #223 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 230
OPPOSITION to NOTICE OF MOTION AND MOTION to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi NOTICE OF MOTION AND MOTION of Sheppard, Mullin, Richter & Hampton LLP (Bryan D. Daly, Charles L. Kreindler and Barbara E. Taylor) to Withdraw as Attorney (2) Memorandum of Points and Authorities; and (3) Declaration of Charles L. Kreindler in Su #223 filed by Counter Claimant OptumInsight, Inc., Defendants OptumInsight, Inc., United Healthcare Services, Inc.. (Westerfeld, Bryan)
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Filing 229
ORDER GRANTING UNOPPOSED EX PARTE APPLICATION to File Unredacted Copy of Second Amended Counterclaim with Corrected Appendices I and II Under Seal Pursuant to Local Rule 79-5.1 #227 by Judge Michael W. Fitzgerald that Defendants and Counterclaim Plaintiffs may file the following documents under seal: Unredacted copy of the Second Amended Counterclaim ("SACC") with corrected Appendices I and II and Exhibits A through G. (jp)
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Filing 228
NOTICE of Supplemental Authority filed by Defendants/Counterlcaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Holly, Andrew)
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Filing 227
EX PARTE APPLICATION for Leave to file Unredacted Copy of SACC with Corrected Appendices and Exhibits Under Seal filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Proposed Order Granting Counterclaim Plaintiffs' Request to file unredacted SACC with corrected Appendices and Exhibits Under Seal) (Wurscher, Nicole)
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Filing 226
MINUTES OF MOTION TO DISMISS SECOND AMENDED COMPLAINT AND JOINDERS #166 #168 #175 [203 #204 #205 #206 hearing held before Judge Michael W. Fitzgerald. The Courtroom Deputy Clerk distributes the Court's tentative rulings prior to the case being called. Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Sheri Kleeger. (lom)
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Filing 225
SUPPLEMENT to NOTICE OF MOTION AND MOTION to Strike Portions of Amended Counterclaim,,,,, #152 #203 filed by Counter Defendant Cindy Omidi. (Kashfian, Robert)
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Filing 224
OF SERVICE filed by Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D., re NOTICE OF MOTION AND MOTION to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi NOTICE OF MOTION AND MOTION of Sheppard, Mullin, Richter & Hampton LLP (Bryan D. Daly, Charles L. Kreindler and Barbara E. Taylor) to Withdraw as Attorney (2) Memorandum of Points and Authorities; and (3) Declaration of Charles L. Kreindler in Su #223 served on September 17, 2015. (Kreindler, Charles)
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Filing 223
NOTICE OF MOTION AND MOTION to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi, NOTICE OF MOTION AND MOTION of Sheppard, Mullin, Richter & Hampton LLP (Bryan D. Daly, Charles L. Kreindler and Barbara E. Taylor) to Withdraw as Attorney (2) Memorandum of Points and Authorities; and (3) Declaration of Charles L. Kreindler in Support Thereof filed by Individual Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 10/19/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order Granting Motion to Withdraw as Counsel of Record for Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi) (Kreindler, Charles)
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Filing 222
NOTICE Response to Notice Regarding New Ninth Circuit Authority filed by Defendants/Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Branson, Timothy)
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Filing 221
SEALED DOCUMENT - [UNREDACTED] MEMORANDUM in Opposition to Cindy Omidi's Notice of Motion and Motion to Dismiss Second Amended Counterclaim #204 , filed by Counterclaimants OptumInsight, Inc., United Healthcare Services, Inc., and UnitedHealthcare Insurance Company. (cw)
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Filing 220
SEALED DOCUMENT - [UNREDACTED] MEMORANDUM in Opposition to Property Care Insurance's Notice of Motion and Motion to Dismiss Second Amended Counterclaim #206 , filed by Counterclaimants OptumInsight, Inc., United Healthcare Services, Inc., and UnitedHealthcare Insurance Company. (cw)
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Filing 219
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #206 filed by Counter Defendant Property Care Insurance, Inc.. (Kashfian, Robert)
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Filing 218
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #205 filed by Counter Defendant DEVIDA, USA, LLC. (Kashfian, Robert)
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Filing 217
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Strike Portions of Amended Counterclaim,,,,, #152 #203 filed by Counter Defendant Cindy Omidi. (Kashfian, Robert)
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Filing 216
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #204 filed by Counter Defendant Cindy Omidi. (Kashfian, Robert)
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Filing 215
NOTICE of Manual Filing filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company of Unredacted Copies of Memorandums in Opposition to Cindy Omidi's and Property Care Insurance, Inc.'s Motions to Dismiss Case and Notices of Joinder. (Wurscher, Nicole)
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Filing 214
ORDER GRANTING UNOPPOSED EX PARTE APPLICATION TO FILE UNREDACTED COPY OF MEMORANDUMS IN OPPOSITION TO CINDY OMIDI'S AND PROPERTY CARE INSURANCE, INC.'S MOTIONS TO DISMISS UNDER SEAL PURSUANT TO LOCAL RULE 79-5.1 by Judge Michael W. Fitzgerald: IT IS HEREBY ORDERED that the Unopposed Ex Parte Application to File to file under seal unredacted copies of Defendants' and Counterclaim Plaintiffs' Oppositions to Cindy Omidi's and Property Care Insurance, Inc.'s Motions to Dismiss and Notices of Joinder #211 is GRANTED. IT IS HEREBY ORDERED that Defendants and Counterclaim Plaintiffs may file the following documents under seal: (1) Unredacted copy of the Memorandum in Opposition to Notice of Motion and Motion to Dismiss Case and Notice of Joinder of Cindy Omidi; (2) Unredacted copy of Memorandum in Opposition to Notice of Motion and Motion to Dismiss Case and Notice of Joinder of Property Care Insurance, Inc. (gk)
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Filing 213
NOTICE REGARDING NEW NINTH CIRCUIT AUTHORITY filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Chan, Eric)
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Filing 212
NOTICE OF ERRATA filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. correcting EX PARTE APPLICATION for Leave to file Unredacted Copies of Memorandums in Opposition to Cindy Omidi's and Property Care Insurance, Inc.'s Motions to Dismiss the SACC Under Seal #211 (Westerfeld, Bryan)
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Filing 211
EX PARTE APPLICATION for Leave to file Unredacted Copies of Memorandums in Opposition to Cindy Omidi's and Property Care Insurance, Inc.'s Motions to Dismiss the SACC Under Seal filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Granting Ex Parte Request to File Unredacted Memorandums in Opposition to Cindy Omidi's and Property Care Insurance, Inc.'s Motions to Dismiss Under Seal) (Wurscher, Nicole)
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Filing 210
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Strike Portions of Amended Counterclaim,,,,, #152 #203 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 209
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #205 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 208
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #206 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 207
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder #204 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 206
NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder filed by Defendant (listed as Counter Defendant) Property Care Insurance, Inc.. Motion set for hearing on 9/17/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Attorney Robert Adam Kashfian added to party Property Care Insurance, Inc.(pty:cd)) (Kashfian, Robert)
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Filing 205
NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder filed by Defendant (listed as Counter Defendant) DEVIDA, USA, LLC. Motion set for hearing on 9/17/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Attorney Robert Adam Kashfian added to party DEVIDA, USA, LLC(pty:cd)) (Kashfian, Robert)
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Filing 204
NOTICE OF MOTION AND MOTION to Dismiss Case and Notice of Joinder filed by Defendant (listed as Counter Defendant) Cindy Omidi. Motion set for hearing on 9/17/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Kashfian, Robert)
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Filing 203
NOTICE OF MOTION AND MOTION to Strike Portions of Amended Counterclaim,,,,, #152 filed by Defendant (listed as Counter Defendant) Cindy Omidi. Motion set for hearing on 9/17/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Ryan D. Kashfian, Esq.) (Kashfian, Robert)
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Filing 202
ORDER GRANTING STIPULATION RE: BRIEFING IN RESPONSE TO SECOND AMENDED COUNTERCLAIM #201 by Judge Michael W. Fitzgerald. IT IS ORDERED AS FOLLOWS: 1. Counter-Defendants' Answer or Motion to Dismiss the SACC shall be filed on or before August 27, 2015; 2. If Counter-Defendants choose to file a Motion to Dismiss the SACC, any opposition to that Motion will be filed by September 3, 2015; 3. Any Reply brief in support of a Motion to Dismiss the SACC will be filed by September 10, 2015; and 4. The hearing on any Motion to Dismiss the SACC shall take place on September 17, 2015, at 3:00 p.m. (lom)
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Filing 201
Joint STIPULATION to Reschedule Briefing in Response to SACC filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Granting Stipulation Re: Briefing in Response to SACC)(Wurscher, Nicole)
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Filing 200
ORDER by Judge Michael W. Fitzgerald: The Court currently has two motions to dismiss the Second Amended Counter-Claim ("SACC") set for hearing on September 17, 2015 at 3:00 p.m. If the Counter-Defendants intend to file a motion to dismiss the SACC, the Court likewise intends to hear the motion on September 17, 2015 at 3:00 p.m. The latest the Court will entertain a reply brief in support of such a motion is September 10, 2015. The Court orders the Parties to submit a stipulation by August 17, 2015 regarding briefing dates which fall within these parameters for any motion to dismiss the SACC. IT IS SO ORDERED. (cw)
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Filing 199
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim Or, In The Alternative, For Partial Summary Judgment; Notice Of Joinder and Joinder in Michael Omidi M.D. and Julian Omidis Motion To Dismiss #168 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Declaration of Bridget Gordon, #2 Exhibit A to Declaration of Bridget Gordon)(Chan, Eric)
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Filing 198
STIPULATION to Vacate PRIOR PROOFS OF SERVICE (Dkts. #160, #170-171) AND PRIOR ORDER (Dkt. #191) Order Extending Answer Due Deadline #191 , Service of Summons and Complaint Returned Executed (21 days),, #160 , Proof of Service (subsequent documents) #170 , Proof of Service (subsequent documents) #171 filed by Defendant (listed as Counter Defendant) Cindy Omidi. (Attachments: #1 Proposed Order)(Novak, Olga)
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Filing 197
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counterclaim Plaintiffs OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counterclaim Defendant DEVIDA, USA, LLC acknowledgment sent by Plaintiff on 8/13/2015, answer due 9/3/2015. Acknowledgment of Service signed by Ryan Kashfian, Attorney. (Wurscher, Nicole)
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Filing 196
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counterclaim Plaintiffs OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counterclaim Defendant Property Care Insurance, Inc. acknowledgment sent by Plaintiff on 8/13/2015, answer due 9/3/2015. Acknowledgment of Service signed by Ryan Kashfian, Attorney. (Wurscher, Nicole)
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Filing 195
NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Counterclaim Plaintiffs OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counterclaim Defendant Cindy Omidi acknowledgment sent by Plaintiff on 8/13/2015, answer due 9/3/2015. Acknowledgment of Service signed by Ryan Kashfian, Attorney. (Wurscher, Nicole)
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Filing 194
REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of #166 filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Declaration of Barbara E. Taylor in Support of Michael Omidi, M.D. and Julian Omidi's Motion to Dismiss Second Amended Counterclaim)(Kreindler, Charles)
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Filing 193
SCHEDULING NOTICE by Judge Michael W. Fitzgerald: At the request of counsel, the hearing on the Motion to Dismiss Second Amended Counterclaim #166 , and Motion to Dismiss Second Amended Counterclaim #168 is continued to 9/17/2015 at 3:00 p.m. before Judge Michael W. Fitzgerald. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 191
ORDER GRANTING Stipulation to Extend Time to Respond to Second Amended Counterclaim #189 by Judge Michael W. Fitzgerald that Defendants shall have until 8/14/2015 to file a responsive pleading to the Second Amended Counterclaim. (jp)
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Filing 190
NOTICE OF REASSIGNMENT of Assistant United States Attorney Kristen A. Williams on behalf of Intervenor United States of America. (Williams, Kristen)
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Filing 189
Third STIPULATION Extending Time to Answer the complaint as to Cindy Omidi answer now due 8/14/2015; DEVIDA, USA, LLC answer now due 8/14/2015; Property Care Insurance, Inc. answer now due 8/14/2015, re Amended Counterclaim,,,,, #152 filed by Defendant (listed as Counter Defendant) Cindy Omidi. (Attachments: #1 Proposed Order)(Kashfian, Robert)
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Filing 192
SEALED DOCUMENT - UNREDACTED COPY OF EXHIBIT A to Declaration of Timothy Branson in Support of Counterclaim Plaintiffs' Opposition to the Omidis' Motion to Dismiss the Second Amended Counterclaim. (gk)
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Filing 187
NOTICE of Manual Filing filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company of Unredacted Copy of Exhibit A to the Declaration of Timothy Branson in Support of Counterclaim Plaintiffs' Opposition to Omidis' Mx to Dismiss the SACC. (Wurscher, Nicole)
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Filing 186
ORDER GRANTING Ex parte Application for Leave to file Unredacted Copy of Exhibit A to the Declaration of Timothy Branson in Support of Counterclaim Plaintiffs' Opposition to Omidis' Mx to Dismiss the SACC #185 by Judge Michael W. Fitzgerald that Defendants and Counterclaim Plaintiffs mayfile the following document under seal: (1) Unredacted copy of Exhibit A to the Declaration of Timothy Branson In Support of Counterclaim Plaintiffs' Opposition to the Omidis' Motion to Dismiss the Second Amended Counterclaim. (jp)
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Filing 188
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL CROSS-CLAIMS BY NOT MORE THAN 30 DAYS by Judge Michael W. Fitzgerald: Upon Stipulation #182 , it is ADJUDGED, DECREED, and ORDERED that Counterdefendants Cindy Omidi, Devida, USA, LLC and Property Care Insurance, Inc. shall have until 8/7/2015 to file a responsive pleading to the Counter-Claims #152 . (gk)
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Filing 185
EX PARTE APPLICATION for Leave to file Unredacted Copy of Exhibit A to the Declaration of Timothy Branson in Support of Counterclaim Plaintiffs' Opposition to Omidis' Mx to Dismiss the SACC filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Proposed Order Granting Counterclaim Plaintiffs' Request to file unredacted version of Exhibit A to the Branson Declaration Under Seal) (Wurscher, Nicole)
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Filing 184
OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim Or, In The Alternative, For Partial Summary Judgment; Notice Of Joinder and Joinder in Michael Omidi M.D. and Julian Omidis Motion To Dismiss #168 Opposition to Providers' Motion to Dismiss the Second Amended Counterclaim filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration Declaration of A. Holly ISO Opposition to Providers' Mx to Dismiss SACC, #2 Exhibit Exhibit 1 to Decl. of A. Holly, #3 Exhibit Exhibit 2 to Decl. of A. Holly, #4 Exhibit Exhibit 3 to Decl. of A. Holly, #5 Exhibit Exhibit 4 to Decl. of A. Holly, #6 Exhibit Exhibit 5 to Decl. of A. Holly, #7 Exhibit Exhibit 6 to Decl. of A. Holly, #8 Exhibit Exhibit 7 to Decl. of A. Holly, #9 Exhibit Exhibit 8 to Decl. of A. Holly, #10 Exhibit Exhibit 9 to Decl. of A. Holly, #11 Exhibit Exhibit 10 to Decl. of A. Holly, #12 Exhibit Exhibit 11 to Decl. of A. Holly, #13 Exhibit Exhibit 12 to Decl. of A. Holly, #14 Exhibit Exhibit 13-1 to Decl. of A. Holly, #15 Exhibit Exhibit 13-2 to Decl. of A. Holly, #16 Exhibit Exhibit 14 to Decl. of A. Holly, #17 Exhibit Exhibit 15 to Decl. of A. Holly, #18 Exhibit Exhibit 16 to Decl. of A. Holly, #19 Exhibit Exhibit 17 to Decl. of A. Holly, #20 Exhibit Exhibit 18 to Decl. of A. Holly, #21 Exhibit Exhibit 19 to Decl. of A. Holly, #22 Exhibit Exhibit 20 to Decl. of A. Holly, #23 Exhibit Exhibit 21 to Decl. of A. Holly, #24 Exhibit Exhibit 22 to Decl. of A. Holly)(Wurscher, Nicole)
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Filing 183
OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of #166 Opposition to Omidis' Motion to Dismiss the Second Amended Counterclaim filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of T. Branson ISO Opposition to Mx to Dismiss SACC, #2 Exhibit A to Declaration of T. Branson ISO Opposition to Omidis' Mx to Dismiss SACC)(Wurscher, Nicole)
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Filing 182
Second STIPULATION Extending Time to Answer the complaint as to Cindy Omidi answer now due 8/7/2015, re Amended Counterclaim,,,,, #152 filed by Defendant (listed as Counter Defendant) Cindy Omidi. (Attachments: #1 Proposed Order)(Kashfian, Robert)
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Filing 181
ORDER GRANTING Stipulation to Extend Time to Respond to Initial Corss-Claims By Not MOre Than 30 Days #180 by Judge Michael W. Fitzgerald that Omidi shall have until 7/31/2015 to file a responsive pleading to the Counter-Claims (Dkt. #152 ). (jp)
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Filing 180
Joint STIPULATION Extending Time to Answer the complaint as to Cindy Omidi answer now due 7/31/2015, re Amended Counterclaim,,,,, #152 filed by Defendant (listed as Counter Defendant) Cindy Omidi. (Attachments: #1 Proposed Order)(Kashfian, Robert)
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Filing 179
NOTICE of Appearance filed by attorney Olga Novak on behalf of Counter Defendant Cindy Omidi (Attorney Olga Novak added to party Cindy Omidi(pty:cd))(Novak, Olga)
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Filing 178
NOTICE of Appearance filed by attorney Ryan Daniel Kashfian on behalf of Counter Defendant Cindy Omidi (Attorney Ryan Daniel Kashfian added to party Cindy Omidi(pty:cd))(Kashfian, Ryan)
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Filing 177
NOTICE of Appearance filed by attorney Robert Adam Kashfian on behalf of Counter Defendant Cindy Omidi (Attorney Robert Adam Kashfian added to party Cindy Omidi(pty:cd))(Kashfian, Robert)
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Filing 176
Notice of Appearance or Withdrawal of Counsel: for attorney David L Kirman counsel for Intervenor United States of America. David L. Kirman is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Intervenor United States of America. (Kirman, David)
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Filing 175
JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of #166 , NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim Or, In The Alternative, For Partial Summary Judgment; Notice Of Joinder and Joinder in Michael Omidi M.D. and Julian Omidis Motion To Dismiss #168 filed by Counter Defendants Beverly Hills Surgery Center LLC, Surgery Center Management, Top Surgeons LLC Nevada, Woodlake Ambulatory. (Attorney Eric David Chan added to party Beverly Hills Surgery Center LLC(pty:cd), Attorney Eric David Chan added to party Surgery Center Management(pty:cd), Attorney Eric David Chan added to party Top Surgeons LLC Nevada(pty:cd), Attorney Eric David Chan added to party Woodlake Ambulatory(pty:cd))(Chan, Eric)
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Filing 174
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 (Related Case) filed. Transfer of case declined by Judge Fernando M. Olguin, for the reasons set forth on this order. Related Case No. CV13-07369 FMO (PJWx). (mg)
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Filing 171
PROOF OF SERVICE filed by Counter Claimant United Healthcare Services, Inc., re Amended Counterclaim,,,,, #152 on Property Care Insurance, Inc. served on 6/26/2015. (Wurscher, Nicole)
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Filing 170
PROOF OF SERVICE filed by Counter Claimants United Healthcare Services, Inc., re Amended Counterclaim,,,,, #152 on Cindy Omidi served on 6/26/2015. (Wurscher, Nicole)
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Filing 169
NOTICE OF LODGING filed of [Proposed] Order Granting Individual Counterclaim Defendants' Motion to Dismiss re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of #166 (Attachments: #1 Proposed Order Granting Individual Counterclaim Defendants' Motion to Dismiss)(Kreindler, Charles)
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Filing 168
NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim Or, In The Alternative, For Partial Summary Judgment; Notice Of Joinder and Joinder in Michael Omidi M.D. and Julian Omidis Motion To Dismiss filed by Plaintiffs and Counter-Defendants Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 9/9/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points And Authorities In Support Of The Provider Counter-Defendants Motion To Dismiss The Second Amended Counterclaim, Or, In The Alternative, For Partial Summary Judgment, #2 Declaration of Bridget A. Gordon In Support of The Provider Counter-Defendants Motion To Dismiss The Second Amended Counterclaim, Or, In The Alternative, For Partial Summary Judgment, #3 Exhibit A-B to Decl. of B. Gordon, #4 Exhibit C-F to Decl. of B. Gordon, #5 Exhibit G-H to Decl. of B. Gordon, #6 Exhibit I-K to Decl. of B. Gordon, #7 Exhibit L-M (Part 1) to Decl. of B. Gordon, #8 Exhibit M (Part 2)-P to Decl. of B. Gordon, #9 Exhibit Q (Part 1) to Decl. of B. Gordon, #10 Exhibit Q (Part 2) to Decl. of B. Gordon, #11 Exhibit R-V to Decl. of B. Gordon, #12 Exhibit W to Decl. of B. Gordon, #13 Exhibit X Z to Decl. of B. Gordon, #14 Exhibit AA-EE to Decl. of B. Gordon, #15 Exhibit FF-GG to Decl. of B. Gordon, #16 Exhibit HH-II to Decl. of B. Gordon, #17 Appendix A to Decl. of B. Gordon, #18 Declaration of Eric D. Chan In Support Of The Provider Counter-Defendants Motion To Dismiss The Second Amended Counterclaim, Or, In The Alternative, For Partial Summary Judgment, #19 Exhibit JJ-LL to Decl. of E. Chan, #20 Appendix B to Decl. of E. Chan, #21 Proposed Order Granting Providers Counter-Defendants Motion To Dismiss, Or, In The Alternative, For Partial Summary Judgment) (Chan, Eric)
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Filing 167
REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of #166 filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Exhibit A-E)(Kreindler, Charles)
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Filing 166
NOTICE OF MOTION AND MOTION to Dismiss Second Amended Counterclaim ; (2) Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC et al.'s Motion to Dismiss Second Amended Counterclaim; (3) Memorandum of Points and Authorities filed by Individual Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 9/9/2015 at 03:00 PM before Judge Michael W. Fitzgerald. (Kreindler, Charles)
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Filing 173
SEALED DOCUMENT - UNREDACTED APPENDIX I, APPENDIX II, EXHIBITS A, B, C, D, E, F, and G to Second Amended Counterclaim. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4, #4 Part 5, #5 Part 6, #6 Part 7, #7 Part 8, #8 Part 9, #9 Part 10, #10 Part 11, #11 Part 12, #12 Part 13, #13 Part 14, #14 Part 15, #15 Part 16, #16 Part 17)(gk)
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Filing 172
SEALED DOCUMENT - UNREDACTED SECOND AMENDED COUNTERCLAIM. (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(gk) (Main Document 172 replaced on 9/25/2015) (cio).
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Filing 165
Corrected NOTICE of Manual Filing filed by Counter Claimant UnitedHealthcare Insurance Company of Unredacted Second Amended Counterclaim, Appendices, and Exhibits. (Wurscher, Nicole)
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Filing 164
NOTICE of Manual Filing filed by Counter Claimant UnitedHealthcare Insurance Company of Unredacted Second Amended Counterclaim, Appendices, and Exhibits. (Wurscher, Nicole)
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Filing 163
ORDER by Judge Michael W. Fitzgerald: The Ex Parte Application to File Unredacted Copy of Second Amended Counterclaim Under Seal (L.R. 79-5.1) is GRANTED. Defendants and Counterclaim Plaintiffs may file the following documents under seal: 1. Unredacted copy of the Second Amended Counterclaim; and 2. Unredacted copies of all appendices and exhibits to the Second Amended Counterclaim. IT IS SO ORDERED. (cw)
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Filing 162
EX PARTE APPLICATION for Order for filing Unredacted Copy of Second Amended Counterclaim Under Seal Pursuant to Local Rule 79-5.1 filed by Defendants and Counter-Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order Granting Unopposed Ex Parte Application to File Unredacted Copy of Second Amended Counterclaim Under Seal Pursuant to Local Rule 79-5.1) (Westerfeld, Bryan)
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Filing 161
MINUTE IN CHAMBERS ORDER RESCHEDULING HEARING DATE FOR ANY MOTION TO DISMISS SECOND AMENDED COUNTERCLAIM by Judge Michael W. Fitzgerald: This Order set the hearing date for any motions to dismiss the SACC for 8/24/2015. However, counsel has since requested that this hearing date bealtered. Consequently, the hearing on any motion to dismiss the SACC shall take place on 9/9/2015 at 3:00 PM. (jp)
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Filing 160
PROOF OF SERVICE Executed by Counter Claimants OptumInsight, Inc., UnitedHealthcare Insurance Company, United Healthcare Services, Inc., upon Counter Defendant DEVIDA, USA, LLC served on 5/21/2015, answer due 6/11/2015. Service of the Summons and Complaint were executed upon Bjorn Flor, Process Specialist, CT Corporation System, Registered Agent in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Wurscher, Nicole)
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Filing 159
21 DAY Summons Issued re Second Amended Counterclaim #152 as to Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, CIRO Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory. (jp)
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Filing 158
ORDER GRANTING STIPULATION RE: REVISED STIPULATED DEADLINES FOR SECOND AMENDED COUNTERCLAIM by Judge Michael W. Fitzgerald: Upon Stipulation #153 , IT IS ORDERED that Counterclaim Defendants' answer to the Second Amended Counterclaim ("SACC") #152 or motion to dismiss shall be filed on or before 6/25/2015. If Counterclaim Defendants' choose to file a motion to dismiss, they must meet and confer with Counterclaim Plaintiffs at least 5 days before the motion is filed. Any opposition to a motion to dismiss the SACC will be filed by 7/29/2015. Any reply brief in support of a motion to dismiss the SACC will be filed by 8/13/2015. The hearing on any motion to dismiss the SACC shall take place on 8/24/2015. (gk)
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Filing 157
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #152 filed by Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 156
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Second Amended Counterclaim #152 . The following error(s) was found: The caption of the summons must match the caption of the counterclaim verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the counterclaim or a second page addendum to the Summons. The space below the caption entitled To:Defendant(s):must contain the names of all counter-defendants or be left blank. The court does not issue single summonses to individual defendants. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (gk)
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Filing 155
Request for Clerk to Issue Summons on Amended Counterclaim,,,,, #152 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 154
Notice of Appearance or Withdrawal of Counsel: for attorney Bridget A. Gordon counsel for Plaintiff Almont Ambulatory Surgery Center, LLC. Filed by Plaintiff Almont Ambulatory Surgery Center, LLC. (Attorney Bridget A. Gordon added to party Almont Ambulatory Surgery Center, LLC(pty:pla))(Gordon, Bridget)
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Filing 153
STIPULATION to Continue REVISED STIPULATED DEADLINES FOR SECOND AMENDED COUNTERCLAIM from May 25, 2015 to June 25, 2015 Re: Amended Counterclaim,,,,, #152 filed by Plaintiffs and Counter-Defendants Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Proposed Order)(Tooch, Daron)
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Filing 152
Second AMENDED COUNTERCLAIM against Counterclaim Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, Beverly Hills Surgery Center LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Surgery Center Management, Top Surgeons LLC Nevada, Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC, Woodlake Ambulatory amending Amended Counterclaim,,,,, #45 , Counterclaim,,,, #25 ; JURY DEMAND, filed by Defendants/Counterclaim Plaintiffs UnitedHealthcare Insurance Company, OptumInsight, Inc., United Healthcare Services, Inc. (Attachments: #1 Part 2 of the Second Amended Counterclaim, #2 Part 3 of the Second Amended Counterclaim, #3 Exhibit A-G to the Second Amended Counterclaim, #4 Appendix 1 Part 1, #5 Appendix 1 Part 2, #6 Appendix 2, #7 Proof of Service of Second Amended Counterclaim)(Westerfeld, Bryan)
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Filing 151
ORDER GRANTING STIPULATION RE: STIPULATED DEADLINES FOR SECOND AMENDED COUNTERCLAIM #150 by Judge Michael W. Fitzgerald. IT IS ORDERED AS FOLLOWS: Counterclaim Plaintiffs' Second Amended Counterclaim ("SACC") shall be filed on or before April 30, 2015; Counterclaim Defendants' answer or motion to dismiss the SACC shall be filed on or before May 25, 2015; If Counterclaim Defendants' choose to file a motion to dismiss the SACC, they must meet and confer with Counterclaim Plaintiffs at least 5 days before the motion is filed; Any opposition to a motion to dismiss the SACC will be filed by June 15, 2015; Any reply brief in support of a motion to dismiss the SACC will be filed by June 29, 2015; and The hearing on any motion to dismiss the SACC shall take place on July 13, 2015. (jloz)
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Filing 150
Joint STIPULATION for Order Granting Stipulation Re: Stipulated Deadlines for Second Amended Counterclaim filed by Defendants and Counter-Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
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Filing 149
MINUTE ORDER IN CHAMBERS ORDER CLARIFYING HEARING DATE FOR ANY MOTION TO DISMISS SECOND AMENDED COUNTERCLAIM #144 #145 by Judge Michael W. Fitzgerald: On February 12, 2015, the Court entered an Order Granting in Part and Denyingin Part Omidi Counter-Defendants Motion to Dismiss the First AmendedCounterclaim and Joinder in Counterclaim Defendants Almont Ambulatory SurgeryCenter, LLC, et al.s Motion to Dismiss and Strike First Amended Counterclaim, aswell as an Order Granting in Part and Denying in Part Provider Counter-DefendantsMotion to Dismiss the First Amended Counterclaim and Joinder in CounterdefendantsMichael Omidi, M.D. and Julian Omidis Motion to Dismiss First AmendedCounterclaim. (Docket Nos. 144, 145).The Court set out a schedule for the filing of a Second Amended Counterclaim(SACC) in these Orders. The Court also set a deadline for the filing of any answerto or motion to dismiss the SACC. The Court wishes to clarify that the hearing for anymotion to dismiss the SACC will take place on June 1, 2015 at 10:00 a.m. (bp)
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Filing 148
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Motion for Review of Magistrate Judge's Nondispositive Ruling of December 12, 2014 Denying Motion to Quash Third-Party Subpoenas #104 is DENIED. The Court will not overrule or set aside the Discovery Order. IT IS SO ORDERED. (cw)
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Filing 147
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Motion to Bifurcate Issue of Personal Liability and Stay Alter Ego Discovery and Discovery of Individual Counterclaim Defendants #102 is DENIED. The Court declines to bifurcate the proceedings at present. Moreover, in light of its Keating analysis, the Court finds that a stay of discovery is not warranted. IT IS SO ORDERED. (cw)
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Filing 146
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Motion for Order for (1) Releasing to Counterclaim Defendants Only, for In Camera Review, Affidavits Filed Under Seal in Support of Warrants; or (2) in the Alternative, Recusing Magistrate Judge #110 is DENIED. The Court finds that the requirements for recusal have not been met, and will not order the Magistrate Judge to recuse himself. IT IS SO ORDERED. (cw)
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Filing 145
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: Provider's Motion to Dismiss First Amended Counterclaim and Joinder in Counter-Defendants Michael Omidi, M.D. and Julian Omidi's Motion to Dismiss First Amended Counterclaim #48 is GRANTED in part and DENIED in part. The Motion is GRANTED with regard to dismissal of the UCL claims United brings on behalf of self-funded plans, any of United's claims that manifestly fall outside of the applicable statute of limitations from the face of the FACC, United's intentional interference claim asserted relative to self-funded plans, United's fraud claim, United's conspiracy claim, and United's ERISA claims to the extent they seek restitutionary relief in the form of overpayment portions of benefit disbursements. As to all other matters, the Motion is DENIED. To the extent that the Motion is granted, the Court permits leave to amend. Therefore, United may file a Second Amended Counterclaim (SACC) on or before March 30, 2015. If United files a SACC, Providers shall file an answer or motion to dismiss on or before April 20, 2015. If Providers chooses to file a motion to dismiss, they must meet and confer with United at least 5 days before the motion is filed. The hearing on any motion to dismiss the SACC will take place on June 1, 2014. IT IS SO ORDERED. (cw)
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Filing 144
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Motion to Dismiss First Amended Counterclaim and Notice of Joinder and Joinder in Counterclaim Defendant's Almont Ambulatory Surgery Center, LLC, et al.'s Motion to Dismiss and Strike First Amended Counterclaim #46 is GRANTED in part, and DENIED in part. The Motion is GRANTED with regard to dismissal of the UCL claims United brings on behalf of self-funded plans, any of United's claims that manifestly fall outside of the applicable statute of limitations from the face of the FACC, United's intentional interference claim asserted relative to self-funded plans, United's fraud claim, United's conspiracy claim, and United's ERISA claims to the extent they seek restitutionary relief in the form of overpayment portions of benefit disbursements. As to all other matters, the Motion is DENIED. To the extent that the Motion is granted, the Court permits leave to amend. Therefore, United may file a Second Amended Counterclaim (SACC) on or before March 30, 2015. If United files a SACC, the Omidis shall file an answer or motion to dismiss on or before April 20, 2015. If the Omidis choose to file a motion to dismiss, they must meet and confer with United at least 5 days before the motion is filed. The hearing on any motion to dismiss the SACC will take place on June 1, 2014. IT IS SO ORDERED. (cw)
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Filing 143
MINUTE ORDER IN CHAMBERS by Judge Michael W. Fitzgerald: The Motion to Strike Portions of First Amended Counterclaim #49 is DENIED. The Court cannot conclude that the challenged allegations are not related to the controversy between the parties. Moreover, the Providers' contentions regarding prejudice are unpersuasive. IT IS SO ORDERED. (cw)
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Filing 142
MINUTES OF Motion to Bifurcate Issue of Personal Liability/Motion to Stay #102 ; Motion for Review of Magistrate Judge's Ruling 12/12/14 #104 ; Motion for Order for (1) Releasing to Counterclaim Defendants only for In Camera Review Affidavits filed under Seal in support of Warrants; or (2) in the Alternative, Recusing Magistrate Judge #110 before Judge Michael W. Fitzgerald: Case called. The Court hears oral argument from counsel and takes the matter under submission. An order will issue. Court Reporter: Rosalyn Adams. (jp)
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Filing 141
ORDER by Judge Michael W. Fitzgerald: granting #139 Application to Appear Pro Hac Vice by Attorney Andrew J. Holly on behalf of Defendants United Healthcare Services, Inc. and for UnitedHealth Group, Inc., designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 139
APPLICATION for attorney Andrew J. Holly to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15139613 paid.) filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
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Filing 140
ORDER by Judge Michael W. Fitzgerald: granting #135 Application to Appear Pro Hac Vice by Attorney Michael E. Rowe on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc. UnitedHealth Group, Inc. and for UnitedHealthcare Insurance Company, designating Nicole E. Wurscher as local counsel. (lt)
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Filing 138
SCHEDULING NOTICE by Judge Michael W. Fitzgerald re: MOTION to Bifurcate Issue of Personal Liability, MOTION to Stay pending Alter Ego Discovery and Discovery of Individual Counterclaim Defendants #102 , MOTION for Review of Magistrate Judge's Nondispositive Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas re Order on Motion to Quash, Order on Motion to Quash Subpoena #104 , and MOTION for Order for (1) RELEASING TO COUNTERCLAIM DEFENDANTS ONLY FOR IN CAMERA REVIEW AFFIDAVITS FILED UNDER SEAL IN SUPPORT OF WARRANTS; OR (2) IN THE ALTERNATIVE, RECUSING MAGISTRATE JUDGE #110 . On the Court's own motion and after conferring with counsel, the motions hearing is continued from 2/2/2015 to 2/11/2015 at 02:30 p.m. before Judge Michael W. Fitzgerald. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smom) TEXT ONLY ENTRY
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Filing 137
PROTECTIVE ORDER APPROVED by Magistrate Judge Victor B. Kenton (re Stipulation for Protective Order), #134 ), Based upon the Stipulation of the parties and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. (See Order for details) (rh)
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Filing 136
Amendment to First APPLICATION for attorney Michael E. Rowe to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15122382 paid.) #135 [Proposed] Order filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 135
First APPLICATION for attorney Michael E. Rowe to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15122382 paid.) filed by Defenants/Counterclaimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 134
Joint STIPULATION for Protective Order filed by Defendants and Counter-Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
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Filing 131
REPLY in Support of MOTION to Bifurcate Issue of Personal Liability MOTION to Stay pending Alter Ego Discovery and Discovery of Individual Counterclaim Defendants #102 filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A and B in Support of Request for Judicial Notice, #3 Declaration of Charles L. Kreindler, #4 Exhibit A in Support of Declaration of Charles L. Kreindler, #5 Declaration of Kimberly Fortier, #6 Exhibit A (Part One) in Support of Declaration of Kimberly Fortier, #7 Exhibit A (Part Two) in Support of Declaration of Kimberly Fortier)(Kreindler, Charles)
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Filing 130
REPLY in Support of MOTION for Order for (1) RELEASING TO COUNTERCLAIM DEFENDANTS ONLY FOR IN CAMERA REVIEW AFFIDAVITS FILED UNDER SEAL IN SUPPORT OF WARRANTS; OR (2) IN THE ALTERNATIVE, RECUSING MAGISTRATE JUDGE #110 filed by Counter Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A in Support of Request for Judicial Notice)(Kreindler, Charles)
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Filing 129
REPLY in Support MOTION for Review of Magistrate Judge's Nondispositive Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas re Order on Motion to Quash, Order on Motion to Quash Subpoena #92 #104 filed by Counter Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Declaration of Barbara E. Taylor in Support of Counterclaim Defendants' Motion for Review of Magistrate Judge's Nondispositive Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas, #2 Exhibit A in Support of Declaration of Barbara E. Taylor)(Attorney Charles L Kreindler added to party Almont Ambulatory Surgery Center, LLC(pty:cd))(Kreindler, Charles)
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Filing 128
PROOF OF SERVICE filed by Counterclaim Plaintiffs United Healthcare Services, Inc., re MEMORANDUM in Opposition to Motion, #125 served on January 12, 2015. (Wurscher, Nicole)
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Filing 127
PROOF OF SERVICE filed by Counterclaim Plaintiffs United Healthcare Services, Inc., re Response in Opposition to Motion, #126 served on January 12, 2015. (Wurscher, Nicole)
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Filing 133
NOTICE OF FILING REDACTED TRANSCRIPT filed for proceedings 12/12/14 re Transcript #132 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 132
REDACTED TRANSCRIPT for proceedings held on 12/12/14, re: Transcript #97 . Redaction Request due 2/9/2015. Redacted Transcript Deadline set for 2/19/2015. Release of Transcript Restriction set for 4/19/2015. (ha)
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Filing 124
THIRD PARTY UNITED STATES OF AMERICA'S UNOPPOSED EX PARTE REQUEST TO INTERVENE #121 - MEMORANDUM OF POINTS AND AUTHORITIES filed by Intervenor United States of America. (jp)
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Filing 123
ORDER GRANTING Third Party United States of America's Unopposed Ex Parte Request to Intervene #121 by Judge Michael W. Fitzgerald. (jp)
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Filing 122
THIRD PARTY UNITED STATES OF AMERICA'S OPPOSITION to Counterclaim Defendants' MOTION for (1) RELEASING TO COUNTERCLAIM DEFENDANTS ONLY FOR IN CAMERA REVIEW AFFIDAVITS FILED UNDER SEAL IN SUPPORT OF WARRANTS #110 filed by Intervenor United States of America. (jp)
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Filing 121
THIRD PARTY UNITED STATES OF AMERNCA'S UNOPPOSED EX PARTE REQUEST to Intervene filed by intervenor United States of America. Lodged Proposed Order. (jp)
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Filing 126
SEALED DOCUMENT - COUNTERCLAIM PLAINTIFFS' OPPOSITION to Counterclaim Defendants' Motion for an Order: (1) Releasing to Counterclaim Defendants Only for In Camera Review Affidavits Filed Under Seal in Support of Warrants; or (2) In the Alternative, Recusing Magistrate Judge Kenton. (gk)
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Filing 125
SEALED DOCUMENT - COUNTERCLAIM PLAINTIFFS' MEMORANDUM of Points and Authorities in Opposition to Counterclaim Defendants' Motion for Review of Magistrate Judge's Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas. (gk)
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Filing 120
MEMORANDUM in Opposition to MOTION to Bifurcate Issue of Personal Liability MOTION to Stay pending Alter Ego Discovery and Discovery of Individual Counterclaim Defendants #102 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendant UnitedHealth Group, Inc.. (Attachments: #1 Declaration Declaration of Kirsten E. Schubert in Support of Defendants'/Counterclaim Plaintiffs' Response in Opposition to Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi's Motion to Bifurcate Issue of Personal Liability and Stay Discovery, #2 Exhibit 1 to Declaration of Kirsten E. Schubert, #3 Exhibit 2 to Declaration of Kirsten E. Schubert, #4 Exhibit 3 to Declaration of Kirsten E. Schubert, #5 Exhibit 4 to Declaration of Kirsten E. Schubert, #6 Exhibit 5 to Declaration of Kirsten E. Schubert)(Zayed, Rabea)
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Filing 119
NOTICE of Manual Filing filed by Counter Claimant United Healthcare Services, Inc. of Counterclaim Plaintiffs' Memorandum of Points and Authorities in Opposition to Counterclaim Defendants' Motion for Review of Magistrate Judge's Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas. (Wurscher, Nicole)
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Filing 118
NOTICE of Manual Filing filed by Counter Claimant United Healthcare Services, Inc. of Counterclaim Plaintiffs' Opposition to Counterclaim Defendants' Motion for an Order (1) Releasing to Counterclaim Defendants Only for In Camera Review Affidavits Filed Under Seal in Support of Warrants; or (2) In the Alternative, Recusing Magistrate Judge Kenton. (Wurscher, Nicole)
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Filing 117
ORDER by Judge Michael W. Fitzgerald GRANTING Unopposed Ex Parte Application to File United's (1) Opposition to Defendants' Review Motion and (2) Opposition to Counterclaim defendants Motion for an Order allowing in Camera Review or Recusal of Magistrate Judge Under Seal #116 . (jp)
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Filing 116
EX PARTE APPLICATION for Order for Granting Unopposed Ex Parte filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
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Filing 113
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Companyto Response, #103 of Plaintiffs and Counterdefendant Providers' Sur-Response to United's Response to Notice of Supplemental Authority (Lucke, Stephen)
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Filing 115
SEALED DOCUMENT- EXHIBIT A (mat)
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Filing 114
SEALED DOCUMENT- ORDER granting Unopposed Ex Parte Application to File Exhibit Under Seal. (mat)
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Filing 112
COUNTERCLAIM DEFENDANTS UNOPPOSED EXPARTE APPLICATION to File Exhibit Under Seal filed by Plaintiffs, Counter Defendants. (jp)
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Filing 111
NOTICE of Manual Filing filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D. of COUNTERCLAIM DEFENDANTS UNOPPOSED EX PARTE APPLICATION TO FILE EXHIBIT UNDER SEAL; [PROPOSED] ORDER GRANTING UNOPPOSED EX PARTE APPLICATION TO FILE EXHIBIT UNDER SEAL; and EXHIBIT A IN SUPPORT OF DECLARATION OF CHARLES L. KREINDLER IN SUPPORT OF COUNTERCLAIM DEFENDANTS MOTION FOR AN ORDER. (Kreindler, Charles)
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Filing 110
NOTICE OF MOTION AND MOTION for Order for (1) RELEASING TO COUNTERCLAIM DEFENDANTS ONLY FOR IN CAMERA REVIEW AFFIDAVITS FILED UNDER SEAL IN SUPPORT OF WARRANTS; OR (2) IN THE ALTERNATIVE, RECUSING MAGISTRATE JUDGE filed by Plaintiffs and Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration OF CHARLES L. KREINDLER IN SUPPORT OF COUNTERCLAIM DEFENDANTS MOTION FOR AN ORDER, #2 Proposed Order)(Attorney Charles L Kreindler added to party Almont Ambulatory Surgery Center, LLC(pty:pla), Attorney Charles L Kreindler added to party Kambiz Benjamin Omidi(pty:cd), Attorney Charles L Kreindler added to party Michael Omidi, M.D.(pty:cd))(Kreindler, Charles)
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Filing 109
ORDER GRANTING Unopposed Ex Parte Application to Redact Transcript #106 by Judge Michael W. Fitzgerald that any publicly available copies of the Transcript shall be redacted consistent with Counterclaim Defendants' Unopposed Ex Parte Application, Exhibit 1 (redacting text appearing at page 17, line 25 to and including page 20, line 22), including but not limited to transcripts that are or will be available by remote electronic access. (jp)
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Filing 108
ORDER GRANTING Stipulation re Motions and Briefing Schedule by Judge Michael W. Fitzgerald as follows: The motion to stay discovery relating to and/or bifurcate the issue of alter ego liability and stay any discovery of Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi the motion for review of Magistrate Judge Victor B. Kenton's December 12, 2014 Minute Order denying Counterclaim Defendants Motion to Quash Third Party Subpoenas, and the motion for relief in light of Magistrate Kentons issuance of a seizure warrant in furtherance of the ongoing criminal investigation of Counterclaim Defendants will be heard on 2/2/2015 at 10:00 AM., or a subsequent date and time set by the Court. (See attached Order for further details). (jp)
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Filing 107
NOTICE OF LODGING filed re (Proposed) Order Granting Unopposed Ex Parte Application to redact portions of the Transcript of the December 12, 2014 discovery hearing before Magistrate Judge Victor B. Kenton (DKT 98) re Miscellaneous Document, #106 (Daly, Bryan)
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Filing 106
Counterclaim Defendants' Unopposed Ex Parte Application for Redaction of Transcript filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D. redacting portions of the Transcript of the December 12, 2014 discovery hearing before Magistrate Judge Victor B. Kenton (DKT 98) (Daly, Bryan)
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Filing 105
NOTICE of Intent to Request Redaction from Court Reporter Margaret Babykin filed by (Court Reporter: Dorothy Babykin) Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi and Plaintiffs and Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al. Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., re Transcript #97 . (Daly, Bryan)
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Filing 104
NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Nondispositive Ruling of December 12, 2014 Denying Motion to Quash Third Party Subpoenas re Order on Motion to Quash, Order on Motion to Quash Subpoena #92 filed by Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi and Plaintiffs and Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al. Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration Charles L. Kreindler, #2 Proposed Order Setting Aside Magistrate Judge's Nondispositive Ruling)(Daly, Bryan)
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Filing 103
RESPONSE filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLCto Response, #99 PLAINTIFFS AND COUNTER-DEFENDANT PROVIDERS SUR-RESPONSE TO UNITEDS RESPONSE TO NOTICE OF SUPPLEMENTAL AUTHORITY (Chan, Eric)
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Filing 102
NOTICE OF MOTION AND MOTION to Bifurcate Issue of Personal Liability , MOTION to Stay pending Alter Ego Discovery and Discovery of Individual Counterclaim Defendants ( Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Michael W. Fitzgerald.) filed by Individual Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Declaration of Charles L. Kreindler in Support, #2 Exhibit A (Part 1), #3 Exhibit A (Part 2), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order Granting Motion to Bifurcate and Stay)(Daly, Bryan)
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Filing 101
NOTICE OF LODGING filed of (Proposed) Order Granting Stipulation re Motions and Briefing Schedule re Miscellaneous Document #100 (Daly, Bryan)
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Filing 100
Stipulation re Motions and Briefing Schedule filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D. (Daly, Bryan)
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Filing 99
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Companyto Miscellaneous Document #96 to Plaintiffs and Counterdefendant Providers' Notice of Supplemental Authority (Lucke, Stephen)
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Filing 98
NOTICE OF FILING TRANSCRIPT filed for proceedings December 12, 2014, 10:02 a.m. re Transcript #97 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mwo) TEXT ONLY ENTRY
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Filing 97
TRANSCRIPT for proceedings held on December 12, 2014, 10:02 a.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 1/12/2015. Redacted Transcript Deadline set for 1/22/2015. Release of Transcript Restriction set for 3/22/2015. (mwo)
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Filing 96
NOTICE OF SUPPLEMENTAL AUTHORITY filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC (Chan, Eric)
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Filing 95
MINUTE IN CHAMBERS ORDER RE: DECEMBER 10, 2014 HEARING by Judge Michael W. Fitzgerald: Having heard and considered arguments from counsel in each of the cases indicated above, the Court intends to proceed in the following manner: Regarding Case No. 14-CV-02139, the Court has decided to proceed with the action in its entirety. The Court will prepare tentative decisions on the legal issues raised in the Omnibus, United, Baker Hughes, and Aegon Motions and will hold a hearing on the same. The Court may or may not also provide tentative decisions on additional issues raised in the supplemental memoranda provided by individual Defendants. If any motion is granted with leave to amend, the Court expects Plaintiffs to proceed in good faith on the basis of arguments made and inconsistencies raised in the various briefs. The Court will revisit the option of a stay if and when a Second Amended Complaint is on file.Regarding Case No. 14-CV-03053, the Court will issue its Orders on the pending Omidi and Provider Motions as soon as practicable. To the extent that the Court requires additional briefing on the statute of limitations issue raised during the hearing, the Court will notify the parties. Regarding Case No. 14-CV-02177, the Court will prepare a tentative decision on the merits of the pending Motion, and will hold a hearing on the same. (jp)
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Filing 94
TRANSCRIPT ORDER as to Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D. Court Reporter. Court will contact Barbara E. Taylor at btaylor@sheppardmullin.com with any questions regarding this order. Transcript portion requested: Other: December 12, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Taylor, Barbara)
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Filing 93
TRANSCRIPT ORDER as to Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D. Court Reporter. Court will contact Barbara E. Taylor at btaylor@sheppardmullin.com with any questions regarding this order. Transcript portion requested: Other: December 10, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Taylor, Barbara)
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Filing 92
MINUTE ORDER by Magistrate Judge Victor B. Kenton: denying #67 Motion to Quash; denying #68 Motion to Quash Subpoena. (See Order for Details) (rh) Modified on 12/12/2014 (rh).
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Filing 91
MINUTES OF granting #72 Motion for Protective Order; Motion Hearing held before Magistrate Judge Victor B. Kenton: The parties have agreed to all provisions of their proposed Protective Order, with the exception of language concerning the provision relating to disclosure of Protected Confidential Information (as defined in other paragraphs of the Protective Order), to government agencies, or law enforcement personnel. The Court provides the language which shall be incorporated into the Protective Order. (See Order for Details)Court Recorder: C/S. (rh)
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Filing 90
TRANSCRIPT ORDER as to Defendant UnitedHealth Group, Inc. Court Reporter. Court will contact Debra Bolin at bolin.debra@dorsey.com with any questions regarding this order. Transcript portion requested: Other: December 10, 2014. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (McCann, Heather)
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Filing 89
TENTATIVE DECISION IN CHAMBERS: by Magistrate Judge Victor B. Kenton. re: MOTION for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities, as Required by law and Without Notice /Notice of Motion and Local Rule 37-1 Joint Stipulation Regarding United's Motion for a Pr #72 . This Tentative Decision is provided for the assistance of counsel in preparation for the hearing in this matter. It may not be cited in this or any other case for any purpose. The parties may not submit any further briefing absent specific Court permission. If both counsel wish to submit on this Tentative Decision, they should notify the Court Clerk. The matter will be taken off-calendar, and a final decision will be issued consistent with this Tentative Decision. (rh) Modified on 12/1/2014 (rh).
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Filing 88
TENTATIVE DECISION IN CHAMBERS: by Magistrate Judge Victor B. Kenton. re: MOTION to Quash Subpoena for Third Party Subpoenas #68 . This Tentative Decision is provided for the assistance of counsel in preparation for the hearing in this matter. It may not be cited in this or any other case for any purpose. The parties may not submit any further briefing absent specific Court permission. If both counsel wish to submit on this Tentative Decision, they should notify the Court Clerk. The matter will be taken off-calendar, and a final decision will be issued consistent with this Tentative Decision. (rh)
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Filing 87
DECLARATION of Peter J. Brachman in support of MOTION to Quash Subpoena for Third Party Subpoenas #68 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Daly, Bryan)
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Filing 86
SUPPLEMENT to MOTION to Quash Subpoena for Third Party Subpoenas #68 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Daly, Bryan)
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Filing 85
MINUTE ORDER IN CHAMBERS by Magistrate Judge Victor B. Kenton. In re: MOTION to Quash Subpoena for Third Party Subpoenas #68 , MOTION to Quash Third Party Subpoenas #67 , MOTION for Protective Order #72 , and Scheduling Notice 83 . The Court SUA SPONTE CONTINUES the hearings on Counterclaim Defendants Motion to Quash Third Party Subpoenas and Defendant and Counterclaim Defendants Motion for a Protective Order to December 12, 2014 at 10:00 a.m. Please note the date and time change. IT IS SO ORDERED. (mkr)
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Filing 84
ORDER by Magistrate Judge Ralph Zarefsky for Magistrate Judge Victor B. Kenton. In re: Joint STIPULATION for Discovery as to Electronically Stored Information (ESI) Discovery Plan #82 . See document for further details. (mkr)
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Filing 83
SCHEDULING NOTICE by Magistrate Judge Victor B. Kenton : Due to the Court's unavailability, the Motion Hearing re: MOTION for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities, as Required by law and Without Notice /Notice of Motion and Local Rule 37-1 Joint Stipulation Regarding United's Motion for a Pr #72 , MOTION to Quash Third Party Subpoenas #67 , MOTION to Quash Subpoena for Third Party Subpoenas #68 previously scheduled for December 9, 2014 10:00 a.m. has been rescheduled before Magistrate Judge Victor B. Kenton to December 16, 2014 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rh) TEXT ONLY ENTRY
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Filing 82
Joint STIPULATION for Discovery as to /Entry of Electronically Stored Information (ESI) Discovery Plan filed by Defendant OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Wurscher, Nicole)
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Filing 81
MINUTE IN CHAMBERS ORDER REFERRING Motion for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities #72 Top Magistrate Judge Kenton by Judge Michael W. Fitzgerald: The motion is referred to Magistrate Judge Kenton for his determination. (jp)
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Filing 80
SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the MOTION to Dismiss #46 #48 , and the MOTION to Strike #49 are continued from December 8, 2014 to December 10, 2014 at 10:00 AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
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Filing 79
RESPONSE IN SUPPORT of MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendants Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation. (Dru, Katherine)
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Filing 78
REPLY Support MOTION to Dismiss Case First Amended Counterclaim #48 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Chan, Eric)
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Filing 77
REPLY in support of MOTION to Dismiss First Amended Counterclaim and Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al.s Motion to Dismiss and Strike First Amended Counterclaim; (3) Memorandum of Points and Authori #46 filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Daly, Bryan)
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Filing 76
MINUTE ORDER IN CHAMBERS: by Magistrate Judge Ralph Zarefsky. re: MOTION to Quash Subpoena for Third Party Subpoenas #68 , MOTION to Quash Third Party Subpoenas #67 , MOTION for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities, as Required by law and Without Notice /Notice of Motion and Local Rule 37-1 Joint Stipulation Regarding United's Motion for a Pr #72 ., The hearings originally scheduled have been rescheduled: re MOTION to Quash Subpoena for Third Party Subpoenas #68 , MOTION to Quash Third Party Subpoenas #67 , MOTION for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities, as Required by law and Without Notice /Notice of Motion and Local Rule 37-1 Joint Stipulation Regarding United's Motion for a Pr #72 . In Judge Kentons absence, the Court has reviewed the Counterclaim Defendants Motion to Quash and accompanying papers and Defendants Motion for a Protective Order. Hearing on the motions is continued to December 9, 2014 at 10 a.m. in Judge Kentons courtroom. (rh)
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Filing 75
NOTICE of Interested Parties filed by Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D., (Daly, Bryan)
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Filing 73
NOTICE of Interested Parties filed by Plaintiff and Counter-Defendant Almont Ambulatory Surgery Center, LLC. (Chan, Eric)
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Filing 74
ORDER REFERRING MOTIONS TO QUASH THIRD PARTY SUBPOENAS #67 #68 by Judge Michael W. Fitzgerald. The Court is in receipt of the Motions to Quash Third-Party Subpoenas #67 #68 , filed on November 6, 2014. The motions are referred to Magistrate Judge Kenton for determination. (bp)
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Filing 72
NOTICE OF MOTION AND MOTION for Protective Order for Permitting United to Disclose Confidential Information to Government Authorities, as Required by law and Without Notice /Notice of Motion and Local Rule 37-1 Joint Stipulation Regarding United's Motion for a Protective Order filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Motion set for hearing on 12/2/2014 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Attachments: #1 Declaration of Stacey Wagley in Support of United's Motion for a Protective Order, #2 Declaration of Barbara E. Taylor in Support of Counterclaim Defendants' Response to United's Motion for Protective Order, #3 Declaration of Bryan Westerfeld in Support of United's Motion for a Protective Order, #4 Proposed Order Granting United's Motion for a Protective Order)(Westerfeld, Bryan)
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Filing 71
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15-20 days, filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company.. (Walraven, Larry)
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Filing 70
DECLARATION of Kirsten E. Schubert in support of Defendants'/Counterclaim Plaintiffs' Response to Plaintiffs'/Counterclaim Defendants' Motion to Quash MOTION to Quash Subpoena for Third Party Subpoenas #68 filed by Defendants'/Counterclaim Plaintiffs' filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Exhibit 1 thru 7)(Daly, Bryan)
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Filing 69
DECLARATION of Barbara E. Taylor in support of Counterclaim Defendants Motion to Quash Third Party Subpoenas MOTION to Quash Subpoena for Third Party Subpoenas #68 filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Daly, Bryan)
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Filing 68
NOTICE OF MOTION AND MOTION to Quash Subpoena for Third Party Subpoenas filed by Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 12/2/2014 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Attachments: #1 Proposed Order)(Attorney Bryan David Daly added to party Almont Ambulatory Surgery Center, LLC(pty:pla), Attorney Bryan David Daly added to party Almont Ambulatory Surgery Center, LLC(pty:cd))(Daly, Bryan)
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Filing 67
NOTICE OF MOTION AND MOTION to Quash Third Party Subpoenas filed by Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 12/2/2014 at 10:00 AM before Magistrate Judge Victor B. Kenton. (Daly, Bryan)
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Filing 65
Counterclaim Plaintiffs' Memorandum of Points and Authorities in Opposition to Providers' Motion to Dismiss the First Amended Counterclaim re: MOTION to Dismiss Case First Amended Counterclaim #48 filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Kristen Schubert in Opposition to Counterclaim Defendants' Motions to Dismiss and Motion to Strike)(Westerfeld, Bryan)
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Filing 64
NOTICE of Interested Parties filed by Defendants'/ Counterclaim Plaintiffs' OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, (Wurscher, Nicole)
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Filing 63
MEMORANDUM in Opposition to MOTION to Dismiss Case First Amended Counterclaim #48 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 62
MEMORANDUM in Opposition to MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Wurscher, Nicole)
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Filing 66
SEALED DOCUMENT- EXHIBITS to the Declaration of Jaffy Palacios in Support of Counter-Defendant Providers' Motion to Dismiss First Amended Counterclaim. (mat)
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Filing 61
ORDER GRANTING Application to File Exhibits to Declaration of Jeffy Palacios Under Seal Pursuant to Local Rule 79-5.1 #58 by Judge Michael W. Fitzgerald. (jp)
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Filing 60
PROOF OF SERVICE filed by plaintiffs, counter defendant Providers re APPLICATION to File Exhibits to Declaration of Jeffy Palacios Under Seal Pursuant to Local rule 79-5.1 #58 , Memorandum of Points and Authorities in Support of Application to File Exhibits to Declaration of Jeffy Palacios Under Seal #59 , Exhibits to the Declaration, Proposed Order, served on 10/6/2014. (jp)
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Filing 59
MEMORANDUM OF POINTS AND AUTHORITIES in Support of APPLICATION to File Exhibits to Declaration of Jeffy Palacios Under Seal #58 filed by Plaintiffs, Counter Defendant Providers. (jp)
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Filing 58
APPLICATION to File Exhibits to Declaration of Jeffy Palacios Under Seal Pursuant to Local rule 79-5.1 filed by plaintiffs, Counter Defendant Providers. (jp)
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Filing 57
Proof OF SERVICE filed by Plaintiffs and Counter-Defendant Providers Almont Ambulatory Surgery Center, LLC, re Notice of Manual Filing (G-92), #56 served on 10/6/14. (Tooch, Daron)
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Filing 56
NOTICE of Manual Filing filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC of Exhibits to Declaration of Jaffy Palacio in Support of Counter-Defendant Providers' Motion to Dismiss First Amended Counterclaim. (Attachments: #1 Letter)(Tooch, Daron)
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Filing 55
DECLARATION of Jaffy Palacios In Support of MOTION to Dismiss Case First Amended Counterclaim #48 filed by Counter Defendant Almont Ambulatory Surgery Center, LLC. (Tooch, Daron)
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Filing 54
[PROPOSED] ORDER GRANTING PROVIDERS' MOTION TO DISMISS FIRST AMENDED COUNTERCLAIM re MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 , MOTION to Dismiss Case First Amended Counterclaim #48 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Tooch, Daron)
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Filing 53
DECLARATION of Eric D. Chan in Support of Counter-Defendant Providers' Motion to Dismiss First Amended Counterclaim MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 , MOTION to Dismiss Case First Amended Counterclaim #48 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Exhibit)(Tooch, Daron)
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Filing 52
[PROPOSED] ORDER GRANTING PROVIDERS' COUNTER-DEFENDANT PROVIDERS' MOTION TO STRIKE PORTIONS OF FIRST AMENDED COUNTERCLAIM re MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 , MOTION to Dismiss Case First Amended Counterclaim #48 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Tooch, Daron)
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Filing 51
DECLARATION of Araminta Salazar in Support of Counter-Defendant Providers' Motion to Dismiss First Amended Counterclaim MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 , MOTION to Dismiss Case First Amended Counterclaim #48 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Attachments: #1 Exhibit)(Tooch, Daron)
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Filing 50
MEMORANDUM in Support of MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 #49 , MOTION to Dismiss Case First Amended Counterclaim #48 filed by Plaintiff Almont Ambulatory Surgery Center, LLC, Counter Defendant Almont Ambulatory Surgery Center, LLC. (Tooch, Daron)
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Filing 49
NOTICE OF MOTION AND MOTION to Strike Portions of First Amended Counterclaim MOTION to Dismiss Case First Amended Counterclaim #48 filed by and Counter-Defendants Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 12/8/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Tooch, Daron)
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Filing 48
NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Counterclaim filed by Plaintiff and Counter-Defendant Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 12/8/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Tooch, Daron)
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Filing 47
NOTICE OF ERRATA filed by Counter Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. correcting MOTION to Dismiss First Amended Counterclaim and Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al.s Motion to Dismiss and Strike First Amended Counterclaim; (3) Memorandum of Points and Authori #46 (Daly, Bryan)
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Filing 46
NOTICE OF MOTION AND MOTION to Dismiss First Amended Counterclaim and Notice of Joinder and Joinder in Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, et al.s Motion to Dismiss and Strike First Amended Counterclaim; (3) Memorandum of Points and Authorities filed by Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 12/8/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Daly, Bryan)
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Filing 45
First AMENDED COUNTERCLAIM against Counterclaim Defendants' 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, CIRO Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC amending Counterclaim,,,, #25 , filed by Counterclaim Plaintiffs' UnitedHealthcare Insurance Company, United Healthcare Services, Inc., UnitedHealth Group, Inc., OptumInsight, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Appendix I)(Lucke, Stephen)
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Filing 44
MINUTES (IN CHAMBERS) ORDER GRANTING Stipulation to Withdraw Counter-Defendants' Motions to Dismiss and Motion to Strike #43 ; and VACATING the Hearings for Those Motion #39 , #40 , #42 by Judge Michael W. Fitzgerald: The Counter-Defendants' motions to dismiss and to strike portions of the Counterclaim (Docket Nos. 39, 40, 42) are WITHDRAWN. The hearings on October 6, 2014 for those motions (Docket Nos. 39, 40, 42) areVACATED. Pursuant to Federal Rule of Civil Procedure 15, Counterclaimants United Healthcare Services, Inc., UnitedHealthcare Insurance Company, and OptumInsight, Inc., are GRANTED leave to file a First Amended Counterclaim. The Court ORDERS the following deadlines: The FACC is due on or before September 3, 2014. (jp)
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Filing 43
STIPULATION to Withdraw Motion MOTION to Dismiss Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi #42 , MOTION to Strike PORTIONS OF COUNTERCLAIM Counterclaim,,,, #25 #40 , MOTION to Dismiss Counterclaim #39 filed by Defendants/Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company.(Westerfeld, Bryan)
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Filing 42
NOTICE OF MOTION AND MOTION to Dismiss Counterclaim Defendants Michael Omidi, M.D. and Julian Omidi filed by Counterclaim Defendants Kambiz Benjamin Omidi, Michael Omidi, M.D.. Motion set for hearing on 10/6/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum Motion to Dismiss 2 of 3, #2 Memorandum Motion to Dismiss 3 of 3)(Attorney Bryan David Daly added to party Kambiz Benjamin Omidi(pty:cd), Attorney Bryan David Daly added to party Michael Omidi, M.D.(pty:cd))(Daly, Bryan)
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Filing 41
NOTICE of Interested Parties filed by Plaintiffs and Providers Almont Ambulatory Surgery Center, LLC, (Tooch, Daron)
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Filing 40
NOTICE OF MOTION AND MOTION to Strike PORTIONS OF COUNTERCLAIM Counterclaim,,,, #25 filed by Plaintiffs and Providers Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 10/6/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Strike Portions of Counterclaim, #2 Declaration of Katherine Dru ISO Motion to Strike, #3 Exhibit A to Dru Declaration, #4 Exhibit B to Dru Declaration, #5 Proposed Order ISO Motion to Strike Portions of Counterclaim)(Tooch, Daron)
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Filing 39
NOTICE OF MOTION AND MOTION to Dismiss Counterclaim filed by Plaintiffs and Providers Almont Ambulatory Surgery Center, LLC. Motion set for hearing on 10/6/2014 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Declaration of Daron Tooch ISO Motion to Dismiss Counterclaim, #2 Exhibit A to Declaration of Daron Tooch, #3 Exhibit B to Declaration of Daron Tooch, #4 Exhibit C to Declaration of Daron Tooch, #5 Proposed Order)(Tooch, Daron)
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Filing 38
MINUTE IN CHAMBERS ORDER DISCHARGING Order to Show Cause re Jurisdiction #27 by Judge Michael W. Fitzgerald: The Court is in receipt of the parties Responses #34 , #35 to the Order Show Cause re Jurisdiction (Docket No. 27) dated 5/15/2014. Exercising its own judgment on jurisdiction, the Court agrees with the reasoning of the parties as to the fifth claim for relief. Accordingly, the OSC is DISCHARGED. (jp)
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Filing 37
PROTECTIVE ORDER by Magistrate Judge Victor B. Kenton re Stipulation for Protective Order, #36 (See Order for details) (rh)
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Filing 36
STIPULATION for Protective Order filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 [Proposed] Stipulated Qualified Protective Order)(Walraven, Larry)
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Filing 35
RESPONSE filed by Counter Claimants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealthcare Insurance Company, Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Companyto Minutes of In Chambers Order/Directive - no proceeding held,, #27 /United's Response to Order to Show Cause Regarding this Court's Subject Matter Jurisdiction (Westerfeld, Bryan)
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Filing 34
RESPONSE filed by Plaintiff Almont Ambulatory Surgery Center, LLC to Order to Show Cause re: Jurisdiction (Tooch, Daron)
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Filing 33
ORDER GRANTING Stipulation to Extend Time to Respond to Counterclaim #32 by Judge Michael W. Fitzgerald that the deadline for all Counterclaim Defendants to respond to the Counterclaim hereby is extended until 7/7/2014. FURTHER IS SO ORDERED that the following briefing and hearing schedule shall be adopted should the Counterclaim Defendants respond to the Counterclaim by filing a motion to dismiss and/or motion to strike: (1) 8/22/2014: Deadline for Counterclaim Plaintiffs to file any opposition to motion(s); (2) 9/15/2014: Deadline for Counterclaim Defendants to file any reply in support of motion(s); (3)10/6/2014 at 10:00 AM., or a subsequent date and time set by the Court: hearing on motion(s). (jp)
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Filing 32
STIPULATION for Extension of Time to File Response as to Counterclaim,,,, #25 filed by plaintiff Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation. (Attachments: #1 Proposed Order)(Attorney Katherine Markowski Dru added to party Almont Ambulatory Surgery Center, LLC(pty:pla), Attorney Katherine Markowski Dru added to party Almont Ambulatory Surgery Center, LLC(pty:cd), Attorney Katherine Markowski Dru added to party Almont Ambulatory Surgery Center, a medical corporation(pty:cd))(Dru, Katherine)
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Filing 31
21 DAY Summons Issued re Counterclaim #25 as to Counter Defendants 1 800 Get Thin, LLC, Almont Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., Bakersfield Surgery Institute, LLC, CIRO Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., Orange Grove Surgery Center, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Top Surgeons, Inc., Top Surgeons, LLC, Valencia Ambulatory Surgery Center, LLC, Valley Surgical Center, LLC, West Hills Surgery Center, LLC. (jp)
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Filing 30
ORDER by Judge Michael W. Fitzgerald: granting #24 Application to Appear Pro Hac Vice by Attorney Kirsten E. Schubert on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare Insurance Company, designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 29
ORDER by Judge Michael W. Fitzgerald: granting #21 Application to Appear Pro Hac Vice by Attorney Timothy E. Branson on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare Insurance Company, designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 28
ORDER by Judge Michael W. Fitzgerald: granting #22 Application to Appear Pro Hac Vice by Attorney Michelle S. Grant on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare Insurance Company, designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 27
MINUTE IN CHAMBERS ORDER TO SHOW CAUSE RE: JURISDICTION #1 by Judge Michael W. Fitzgerald, the Court ORDERS the parties to file a written response, limited to 10 pages, on or before 6/5/2014, establishing whether subject matter jurisdiction exists in this action or not. The responses should focus on the issues discussed above, but may address other issues that the parties believe are relevant. In particular, the parties should focus on whether the claims in the Complaint depend on duties that arise independent of ERISA and the ERISA plans. (jp)
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Filing 25
COUNTERCLAIM against Counterclaim Defendants Almont Ambulatory Surgery Center, LLC, Bakersfield Surgery Institute, LLC, Independent Medical Services, Inc., Modern Institute of Plastic Surgery & Antiaging, Inc., New Life Surgery Center, LLC, Orange Grove Surgery Center, LLC, San Diego Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Valencia Ambulatory Surgery Center, LLC, West Hills Surgery Center, LLC, Kambiz Benjamin Omidi, Michael Omidi, M.D., Almont Ambulatory Surgery Center, a medical corporation, Bakersfield Surgery Institute, Inc., CIRO Surgery Center, LLC, East Bay Ambulatory Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of West Hills, Inc., Valley Surgical Center, LLC, Top Surgeons, Inc., Top Surgeons, LLC, Palmdale Ambulatory Surgery Center, a medical corporation, 1 800 Get Thin, LLC, filed by Counterclaim Plaintiffs UnitedHealthcare Insurance Company, OptumInsight, Inc., United Healthcare Services, Inc..(Westerfeld, Bryan)
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Filing 24
APPLICATION for attorney Kirsten E. Schubert to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13818356 paid.) filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Westerfeld, Bryan)
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Filing 23
RESPONSE BY THE COURT by Judge Michael W. Fitzgerald RE: Amended Answer to Complaint #15 . The answer is accepted as filed. Counterclaim must be filed separately, not jointly with the answer. Defendants shall file their counterclaim as a separate document by no later than May 19, 2014. (jloz)
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Filing 22
APPLICATION for attorney Michelle S. Grant to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13814752 paid.) filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice)(Walraven, Larry)
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Filing 21
APPLICATION for attorney Timothy E. Branson to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13814722 paid.) filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Walraven, Larry)
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Filing 19
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Answer and COUNTERCLAIM #15 . The following error(s) was found: COUNTERCLAIM should be e-file as separately from an answer document under the appropriate Event in the Category Complaints and Other Initiating Documents. 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. (jp)
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Filing 26
ORDER by Judge Michael W. Fitzgerald: granting #14 Application to Appear Pro Hac Vice by Attorney Rabea J. Zayed on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare Insurance Company, designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 20
ORDER by Judge Michael W. Fitzgerald: granting #17 Application to Appear Pro Hac Vice by Attorney Stephen P. Lucke on behalf of Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc. and UnitedHealthcare Insurance Company, designating Bryan S. Westerfeld as local counsel. (lt)
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Filing 18
MINUTE ORDER IN CHAMBERS ORDER RE MANDATORY CHAMBERS COPIES by Judge Michael W. Fitzgerald: The Court hereby modifies the Local Rules and this Courts Procedures and Schedules regarding mandatory chambers copies, as to these three cases only, as follows: (SEE ATTACHED FOR FURTHER DETAILS) (pj)
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Filing 17
APPLICATION for attorney Stephen P. Lucke to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13802775 paid.) filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Westerfeld, Bryan)
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Filing 16
Request for Clerk to Issue Summons on Amended Answer to Complaint, #15 filed by Defendants and Counterclaim Plaintiffs OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 15
AMENDED ANSWER and Counterclaim to Complaint - (Discovery),, filed by Defendants and Counterclaim Plaintiffs UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, OptumInsight, Inc., United Healthcare Services, Inc.. (Westerfeld, Bryan)
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Filing 14
APPLICATION for attorney Rabea Jamal ("RJ") Zayed to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-13799294 paid.) filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Proposed Order)(Westerfeld, Bryan)
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Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: CV 14-02139 MWF(VBKx). Case transferred from Judge Dolly M. Gee to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 14-03053 MWF(VBKx). Signed by Judge Michael W. Fitzgerald (rn)
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Audrey B. Collins, for the reasons set forth on this order. Related Case No. CV 14-02139 ABC(VBKx) (esa)
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge Manuel L. Real, for the reasons set forth on this order. Related Case No. CV 14-2139 R(VBKx) (esa)
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Filing 10
NOTICE of Related Case(s) filed by Defendants United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Related Case(s): 14-cv-02139-CAS-VBK (Walraven, Larry)
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Filing 9
PROOF OF SERVICE filed by Defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company, re Notice of Removal (Attorney Civil Case Opening),, #1 served on 04/22/2014. (Westerfeld, Bryan)
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap)
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Filing 7
NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Victor B. Kenton. (ghap)
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CONFORMED FILED COPY OF ANSWER to Complaint - (Discovery), filed by defendants OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (FILED IN STATE COURT ON 4/21/14 SUBMITTED ATTACHED EXHIBIT B)(ghap)
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CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 20, OptumInsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. Jury Demanded., filed by plaintiffs West Hills Surgery Center, LLC, Independent Medical Services, Inc., Orange Grove Surgery Center, LLC, Skin Cancer & Reconstructive Surgery Specialists of Beverly Hills, Inc., Bakersfield Surgery Institute, LLC, San Diego Ambulatory Surgery Center, LLC, Almont Ambulatory Surgery Center, LLC, Modern Institute of Plastic Surgery & Antiaging, Inc., Valencia Ambulatory Surgery Center, LLC, New Life Surgery Center, LLC. (FILED IN STATE COURT ON 3/21/2014 SUBMITTED ATTACHED EXHIBIT A) (ghap) Modified on 4/22/2014 (ghap).
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Filing 6
DECLARATION of Jane Stalinski re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Optuminsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Westerfeld, Bryan)
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Filing 5
NOTICE of Interested Parties filed by Defendants Optuminsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., Unitedhealthcare Insurance Company, (Westerfeld, Bryan)
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Filing 4
DECLARATION of Vennise D. McCoy re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Optuminsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., Unitedhealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 3
DECLARATION of Vennise D. McCoy re Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendants Optuminsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., Unitedhealthcare Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Westerfeld, Bryan)
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Filing 2
CIVIL COVER SHEET filed by Defendants Optuminsight, Inc., United Healthcare Services, Inc., UnitedHealth Group, Inc., Unitedhealthcare Insurance Company. (Westerfeld, Bryan)
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Filing 1
NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC540056 Receipt No: 0973-13696522 - Fee: $400, filed by Defendants UnitedHealth Group, Inc., Unitedhealthcare Insurance Company, Optuminsight, Inc., United Healthcare Services, Inc..(Attorney Bryan Scott Westerfeld added to party Optuminsight, Inc.(pty:dft), Attorney Bryan Scott Westerfeld added to party United Healthcare Services, Inc.(pty:dft), Attorney Bryan Scott Westerfeld added to party UnitedHealth Group, Inc.(pty:dft), Attorney Bryan Scott Westerfeld added to party Unitedhealthcare Insurance Company(pty:dft))(Westerfeld, Bryan)
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