United States of America et al v. Excel Care Home Health Services Inc et al
| United States of America and Alex Timple |
| Excel Care Home Health Services Inc, Insight Health Care Providers Inc, Lemar Home Health Services Inc, Rightcare Home Health Services Inc, Serenity Health Care Inc, Unik Home Health Care Services Inc and Does 1 through 20 inclusive |
| 2:2014cv03613 |
| May 9, 2014 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Paul L Abrams |
| Dean D Pregerson |
| Other Statutes: False Claims Act |
| 31 U.S.C. § 3729 False Claims Act |
| Both |
Docket Report
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This docket was last retrieved on April 21, 2020. A more recent docket listing may be available from PACER.
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Filing 135
ORDER DISMISSING CASE by Judge Dean D. Pregerson: THE COURT having ordered the Plaintiff to show cause in writing, not later than March 31, 2020, why this action should not be dismissed for lack of prosecution and Plaintiff having failed to respond. THE COURT ORDERS that this action be, and hereby is, dismissed without prejudice for lack of prosecution and for failure to comply with the orders of the Court, pursuant to Federal Rule of Civil Procedures. Case Terminated. Made JS-6. (shb)
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Filing 134
MINUTE ORDER IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Dean D. Pregerson: Plaintiff(s) is ordered to show cause in writing no later than March 31, 2020 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's filing of a NOTICED MOTION for entry of default judgment as to defendants:Insight Health Care Providers Inc.; Lemar Home Health Services, Inc.; Serenity Health Care Inc.; Unik Home Health Care Services, Inc. In accordance with Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, no oral argument of this matter will be heard unless ordered by the Court. See order for details. (shb)
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Filing 133
ORDER by Judge Dean D. Pregerson, GRANTING Stipulation to Dismiss Case #132 . IT IS HEREBY ORDERED that this case is dismissed with prejudice, each party tobear its own costs. (Made JS-6. Case Terminated.) (shb)
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| Filing 132 STIPULATION to Dismiss Case pursuant to FRCP 41(a)(1)(A) filed by Relator Alex Timple. (Attachments: #1 Proposed Order)(White, Kenneth) |
| Filing 131 STATUS REPORT filed by Plaintiff Alex Timple. (White, Kenneth) |
| Filing 130 STATUS REPORT filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 129 NOTICE of Settlement filed by Relator Alex Timple. (Gentry, Evelina) |
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Filing 128
MINUTE ORDER IN CHAMBERS by Magistrate Judge Paul L. Abrams. It has come to the Court's attention that the parties are experiencing a delay in effectuating the settlement that was reached in this matter on October 19, 2017, as a result of a request from the office of the United States Attorney for additional information. In response, the Court advises, based on its evaluation of the case, including time spent with the parties and counsel, the anticipated costs of moving forward, and the various outcomes that could flow from a trial, that the settlement is a reasonable and appropriate resolution of this action. (ch)
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| Filing 127 MINUTES OF Settlement Conference held before Magistrate Judge Paul L. Abrams. Settlement conference held and case settles. Material terms of settlement placed on the record. Plaintiff's counsel shall file a Notice of Settlement. Counsel shall file a stipulated dismissal and related documents once final payment is received. A courtesy copy of the stipulated dismissal shall be delivered to this Court's clerk. IT IS SO ORDERED. Court Recorder: courtsmart. (ch) |
| Filing 126 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. On the Court's own motion, the Settlement Conference scheduled for Thursday, October 19, 2017, will begin at 10:00 a.m. instead of 9:00 a.m. #125 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
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Filing 125
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Paul L. Abrams. This case has been referred to Magistrate Judge Paul L. Abrams for settlement proceedings. A Settlement Conference will be held on October 19, 2017, at 9:00 a.m. in Courtroom 780, Seventh Floor of the Roybal Federal Building, located at 255 E. Temple Street, Los Angeles, California. No later than October 13, 2017, each party shall submit a Confidential Settlement Conference Statement directly to the chambers of Magistrate Judge Abrams. #123 (SEE ORDER FOR FURTHER INFORMATION) (gr)
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Filing 124
ORDER by Judge Dean D. Pregerson: GRANTING Joint Stipulation to Continue Trial date to February 20, 2018 at 9:00 a.m. and Final Pretrial Conference for February 5, 2018 at 11:00 a.m. (pg)
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| Filing 123 Joint STIPULATION to Continue Trial from October 31, 2017 to February 19, 2018 filed by Relator Alex Timple. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
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Filing 122
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: ORDER DISCHARGING ORDER TO SHOW CAUSE. On May 31, 2017, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed aresponse to the Order to Show Cause re Lack of Prosecution on June 23, 2017. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. (shb)
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Filing 121
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: re: Order to Show Cause, #117 Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on June 23, 2017. The Court deems that response satisfactory, and orders the Order to Show Cause discharged.. (pg)
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| Filing 120 RESPONSE filed by Plaintiff Alex Timpleto Order to Show Cause, #117 (Gentry, Evelina) |
| Filing 119 Notice of Appearance or Withdrawal of Counsel: for attorney Brent A Whittlesey counsel for Plaintiff United States of America. Adding Brent A. Whittlesey as counsel of record for USA for the reason indicated in the G-123 Notice. Filed by plaintiff USA. (Attorney Brent A Whittlesey added to party United States of America(pty:pla))(Whittlesey, Brent) |
| Filing 118 Notice of Appearance or Withdrawal of Counsel: for attorney Lynn H Scaduto counsel for Plaintiff United States of America. Lynn Healey Scaduto is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff USA. (Scaduto, Lynn) |
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Filing 117
ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dean D. Pregerson. Plaintiff(s) is ordered to show cause in writing no later than June 30, 2017 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date: Plaintiff's filing of a NOTICED MOTION for entry of default judgment on defendant Serenity Health Care, Inc. (smo)
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| Filing 116 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Serenity Health Care, Inc. (Per 5/12/17 Minutes) (lc) |
| Filing 115 MINUTES (IN CHAMBERS) by Judge Dean D. Pregerson: As stated in this Court's prior Minute Order (Dkt. 113), Defendant Serenity Health Care Inc.'s Answer has been stricken due to Defendant's failure to comply with this Court's Minute Order of February 28, 2017 and Central District of California Local Rule 83-2.2. The Clerk's Office is hereby instructed to enter default against Defendant Serenity Health Care, Inc. Therefore, the Motion to Strike defendant's Answer and Enter Default #112 is deemed moot, the May 15, 2017 hearing date is hereby vacated. (lc) |
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Filing 114
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED, on the Court's own motion, the Motion to Strike Defendants Answer and Enter Default #112 is hereby continued from May 8, 2017 to May 15, 2017 at 10:00 a.m. (lc)
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Filing 113
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: The Court strikes Defendant Serenity Health Care Inc. Answer #40 due to defendants failure to comply to the Courts Minute Order filed February 28, 2017. (lc)
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| Filing 112 NOTICE OF MOTION AND MOTION to Strike Defendant Serenity Health Care Inc.'s Answer and to Enter Default Against Serenity Health Care Inc. for Failure to Obey Court Order Amended Minutes,,,, #99 filed by Relator Alex Timple. Motion set for hearing on 5/8/2017 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Evelina Gentry in Support of Motion to Strike, #2 Proposed Order) (Gentry, Evelina) |
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Filing 111
ORDER RE RELATOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY DEFENDANT RIGHTCARE by Magistrate Judge Paul L. Abrams. IT IS ORDERED THAT: 1. The hearing set for April 4, 2017, is hereby VACATED. 2. Relator's Motion to Compel Production of Documents by Defendant Rightcare Home Health Services, Inc. (Docket No. #101 ) is GRANTED. SEE ORDER FOR DETAILS. (ch)
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Filing 110
ORDER RE RELATOR'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY DEFENDANT EXCEL by Magistrate Judge Paul L. Abrams. IT IS ORDERED THAT: 1. The hearing set for April 4, 2017, is hereby VACATED. 2. Relator's Motion to Compel Production of Documents by Defendant Excel Home Health Services, Inc. (Docket No. #103 ) is GRANTED. SEE ORDER FOR DETAILS. (ch)
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| Filing 109 NOTICE OF NON-OPPOSITION to MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions #103 filed by Plaintiff Alex Timple. (Attachments: #1 Proof of Service of Notice of Defendant Excel Home Health Care Services, Inc.'s Non-Opposition to Relator Alex Timple's Motion to Compel Production of Documents and Request for Sanctions)(Gentry, Evelina) |
| Filing 108 NOTICE OF NON-OPPOSITION to MOTION to Compel Production of Documents by Defendant Rightcare Home Health Services, Inc. and Request for Sanctions #101 filed by Plaintiff Alex Timple. (Attachments: #1 Proof of Service of Notice of Defendant Rightcare Home Health Services, Inc.'s Non-Opposition to Relator Alex Timple's Motion to Compel Production of Documents and Request for Sanctions)(Gentry, Evelina) |
| Filing 107 NOTICE of Defendant Serenity Health Care Inc.'s Failure to Retain Counsel in Violation of the Court's February 28, 2017 Order filed by Relator Alex Timple. (Attachments: #1 Proof of Service of Notice of Defendant Serenity Health Care Inc.'s Failure to Retain Counsel in Violation of the Court's February 28, 2017 Order)(Gentry, Evelina) |
| Filing 106 PROOF OF SERVICE filed by Relator Alex Timple, re MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions #103 served on March 7, 2017. (Gentry, Evelina) |
| Filing 105 PROOF OF SERVICE filed by Relator Alex Timple, re MOTION to Compel Production of Documents by Defendant Rightcare Home Health Services, Inc. and Request for Sanctions #101 served on March 7, 2017. (Gentry, Evelina) |
| Filing 104 DECLARATION of Evelina Gentry in Support of MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions #103 filed by Plaintiff Alex Timple. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Gentry, Evelina) |
| Filing 103 NOTICE OF MOTION AND MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions filed by Relator Alex Timple. Motion set for hearing on 4/4/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
| Filing 102 DECLARATION of Evelina Gentry in Support of MOTION to Compel Production of Documents by Defendant Rightcare Home Health Services, Inc. and Request for Sanctions #101 filed by Plaintiff Alex Timple. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Gentry, Evelina) |
| Filing 101 NOTICE OF MOTION AND MOTION to Compel Production of Documents by Defendant Rightcare Home Health Services, Inc. and Request for Sanctions filed by Relator Alex Timple. Motion set for hearing on 4/4/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
| Filing 100 NOTICE of Order Granting Attorney's Motion To Withdraw as Counsel for Defendant filed by Defendant Serenity Health Care Inc. (Azizian, Arbella) |
| Filing 99 AMENDED MINUTES OF Motion Hearing held #97 before Judge Dean D. Pregerson: RE MOTION OF CHRISTOPHER B. LEWIS TO WITHDRAW AS ATTORNEY FILED BY DEFENDANT #64 ,MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT #75 AND MOTION TO WITHDRAW AS ATTORNEY #77 . The Lewis Law Group, APLC and Christopher B. Lewis' Motion to Withdraw as counsel for Defendant Lemar Home Health Services Inc. (Dkt. 64) is GRANTED. Counsel shall notify his former client of the substance of this Minute Order, as well as of the requirements of Central District of California Local Rule 83-2.2.2. Plaintiff's Motion for Default Judgment (Dkt. 75) is GRANTED in part and DENIED in part. Defendant Lemar's Answer (Dkt. 37) is STRICKEN. The Clerk is instructed to enter a default against Lemar. Upon Clerk's entry of default, Plaintiff may move for a partial default judgment in accordance with normal procedures. Arbella Azizian and Eric Olson's Motion to Withdraw as counsel for Defendant Serenity Health Care, Inc. (Dkt. 77) is GRANTED. Counsel shall notify their former client of the substance of this Minute Order, as well as of the requirements of Central District of California Local Rule 83-2.2.2. (lc) |
| Filing 98 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Lemar Home Health Services Inc. (per 2/27/10 minute) (lc) |
| Filing 97 MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: RE MOTION OF CHRISTOPHER B. LEWIS TO WITHDRAW AS ATTORNEY FILED BY DEFENDANT #64 ,MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT #75 AND MOTION TO WITHDRAW AS ATTORNEY #77 . The Lewis Law Group, APLC and Christopher B. Lewis' Motion to Withdraw as counsel for Defendant Lemar Home Health Services Inc. (Dkt. 64) is GRANTED. Counsel shall notify his former client of the substance of this Minute Order, as well as of the requirements of Central District of California Local Rule 83-2.1.1.3. Plaintiff's Motion for Default Judgment (Dkt. 75) is GRANTED in part and DENIED in part. Defendant Lemar's Answer (Dkt. 37) is STRICKEN. The Clerk is instructed to enter a default against Lemar. Upon Clerk's entry of default, Plaintiff may move for a partial default judgment in accordance with normal procedures. Arbella Azizian and Eric Olson's Motion to Withdraw as counsel for Defendant Serenity Health Care, Inc. (Dkt. 77) is GRANTED. Counsel shall notify their former client of the substance of this Minute Order, as well as of the requirements of Central District of California Local Rule83-2.1.1.3.Defendant Serenity shall obtain new counsel within fourteen days of the date of this Minute Order. See C.D. Cal. L.R. 83-2.1.1.3. Failure to comply with this Minute Order shall result in the striking of Defendant Serenity's Answer.Court Reporter: Maria Bustillos. (lc) |
| Filing 96 MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. On February 21, 2017, relator Alex Timple ("Relator") filed a Motion to Compel the production of further documents and for sanctions (the "Motion"), along with a document entitled "Joint Stipulation Pursuant to Local Rule 37-2," against defendant Serenity Home Health Care ("defendant" or "Serenity") (ECF Nos. #92 , #93 ). Relator's Motion is DENIED WITHOUT PREJUDICE. SEE ORDER FOR SPECIFICS. (ch) |
| Filing 95 Effective March 1, 2017, Judge Abrams will be located at the Edward R. Roybal Federal Building, COURTROOM 780 on the 7th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 780 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 1st 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 |
| Filing 94 DECLARATION of Evelina Gentry In support of MOTION to Compel Production of Documents from Defendant Serenity Health Care, Inc. #92 filed by Plaintiff Alex Timple. (Attachments: #1 Exhibit A (Requests for Production of Documents), #2 Exhibit B (Responses to Requests for Production), #3 Exhibit C (Meet and Confer Letter), #4 Exhibit D (Email to the OPC))(Gentry, Evelina) |
| Filing 93 JOINT STIPULATION to MOTION to Compel Production of Documents from Defendant Serenity Health Care, Inc. #92 filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 92 NOTICE OF MOTION AND MOTION to Compel Production of Documents from Defendant Serenity Health Care, Inc. filed by Relator Alex Timple. Motion set for hearing on 3/14/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
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Filing 91
ORDER REGARDING JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND ALL PRETRIAL DEADLINES, OR, IN THE ALTERNATIVE, TO TAKE CERTAIN DEPOSITIONS AFTER THE EXISTING FACT DISCOVERY CUT-OFF DATE #89 by Judge Dean D. Pregerson. The currently scheduled August 30, 2017 six to eight-day jury trial is continued to October 31, 2017 at 9:00 a.m. The currently scheduled August 15, 2017 final pretrial conference is continued to October 16, 2017 at 11:00 a.m. The currently scheduled June 2, 2017 motion cut-off is continued to August 2, 2017. The currently scheduled April 28, 2017 expert discovery cut-off is continued to June 28, 2017. The currently scheduled February 28, 2016 fact discovery cut-off is continued to April 28, 2017. All related pretrial deadlines are continued and calculated from the new trial date. Good cause exists to grant the jointly-requested continuances on the ground that such continuance will promote the interest of justice and fairness. IT IS SO ORDERED. See order for details. (jy)
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| Filing 90 MINUTES (IN CHAMBERS) by Magistrate Judge Paul L. Abrams. On February 7, 2017, relator Alex Timple ("Relator") filed three Motions to Compel Production of Documents (collectively "Motions"), each accompanied by a Joint Stipulation, against (1) defendant Excel Home Health Care Services, Inc. ("Excel") (ECF Nos. #80 , #81 ); (2) defendant Right Care Home Health Services, Inc. ("Right Care") (ECF Nos. #82 , #83 ); and (3) defendant Serenity Home Health Care ("Serenity") (ECF Nos. #84 , #85 ) (collectively "defendants"). The hearing on the Motions was set for February 28, 2017. This Court will not change, alter or modify a deadline entered by the District Judge, or, in these circumstances, interpret an unambiguous filing requirement to allow for an untimely Motion to be heard. Accordingly, Relator's Motions are DENIED. SEE ORDER FOR DETAILS. (ch) |
| Filing 89 Joint STIPULATION to Continue Trial Date and All Pretrial Deadlines from August 30, 2017 to October 30, 2017 filed by Relator Alex Timple. (Attachments: #1 Proposed Order)(Sadat, Arash) |
| Filing 88 SUPPLEMENT to Joint Stipulation re Discovery Motion #85 filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 87 SUPPLEMENT to Joint Stipulation re Discovery Motion #83 filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 86 SUPPLEMENT to Joint Stipulation re Discovery Motion #81 filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 85 JOINT STIPULATION to MOTION to Compel Production of Documents by Defendant Serenity Home Health Care #84 filed by Plaintiff Alex Timple. (Attachments: #1 Declaration)(Gentry, Evelina) |
| Filing 84 NOTICE OF MOTION AND MOTION to Compel Production of Documents by Defendant Serenity Home Health Care filed by Relator Alex Timple. Motion set for hearing on 2/28/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
| Filing 83 JOINT STIPULATION to MOTION to Compel Production of Documents by Defendant Right Care Home Health Services, Inc. and Request for Sanctions #82 filed by Plaintiff Alex Timple. (Attachments: #1 Declaration)(Gentry, Evelina) |
| Filing 82 NOTICE OF MOTION AND MOTION to Compel Production of Documents by Defendant Right Care Home Health Services, Inc. and Request for Sanctions filed by Relator Alex Timple. Motion set for hearing on 2/28/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
| Filing 81 JOINT STIPULATION to MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions #80 filed by Plaintiff Alex Timple. (Attachments: #1 Declaration)(Gentry, Evelina) |
| Filing 80 NOTICE OF MOTION AND MOTION to Compel Production of Documents by Defendant Excel Home Health Care Services, Inc. and Request for Sanctions filed by Relator Alex Timple. Motion set for hearing on 2/28/2017 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Gentry, Evelina) |
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Filing 79
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION OF CHRISTOPHER LEWIS TO WITHDRAW AS ATTORNEY #64 is set to be heard on February 27, 2017, at 10:00 a.m. (lc)
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Filing 78
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED, on the Court's own motion, the Motion for Default Judgment #75 is hereby continued from January 30, 2017 to February 27, 2017 at 10:00 a.m. (lc)
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| Filing 77 NOTICE OF MOTION AND MOTION of Arbella Azizian & Eric Olson to Withdraw as Attorney filed by Defendant Serenity Health Care Inc. Motion set for hearing on 2/27/2017 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Proposed Order) (Azizian, Arbella) |
| Filing 76 NOTICE OF NON-OPPOSITION NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Lemar Home Health Services, Inc. #75 filed by Plaintiff Alex Timple. (Gentry, Evelina) |
| Filing 75 NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Lemar Home Health Services, Inc. filed by Relator Alex Timple. Motion set for hearing on 1/30/2017 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Arash Sadat, #2 Proposed Order) (Gentry, Evelina) |
| Filing 74 Notice of Appearance or Withdrawal of Counsel: for attorney Evelina Gentry counsel for Plaintiff Alex Timple. Adding Evelina Gentry as counsel of record for Relator Alex Timple for the reason indicated in the G-123 Notice. Filed by Relator Alex Timple. (Attorney Evelina Gentry added to party Alex Timple(pty:pla))(Gentry, Evelina) |
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Filing 73
ORDER REGARDING JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND ALL PRETRIAL DEADLINES #72 by Judge Dean D. Pregerson: Jury trial : August 29, 2017 at 9:00 a.m.; Final pretrial conference : August 14, 2017 at 11:00 a.m.; Motion cut-off: June 2, 2017; Expert discovery cut-off: April 28, 2017; Fact discovery cut-off:February 28, 2017. (lc)
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| Filing 72 Joint STIPULATION to Continue Trial Date and All Pretrial Deadlines from May 30, 2017 (Old Trial Date) to August 30, 2017 (New Trial Date) filed by Relator Alex Timple. (Attachments: #1 Proposed Order)(Sadat, Arash) |
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Filing 71
ORDER ORDER RE: RELATORS MOTION TO COMPEL DISCOVERY by Magistrate Judge Paul L. Abrams: The Motion was set for a hearing on November 22, 2016. The November 22, 2016, hearing date required defendant to file an opposition to the Motion no later than November 8, 2016. Defendant did not file an opposition to relators Motion. Accordingly, the Court will vacate the hearing date. Plaintiffs #68 Motion to compel responses to interrogatories and production ofdocuments is granted. Defendant shall produce all responses and documentsresponsive to plaintiffs Interrogatories and Requests for Production of Documents, the subject of this Motion, without objection (see Fed.R.Civ.P. 33(b)(4); Richmark Corp. v. Timber Falling Consultants, 959 F.2d 1468, 1473 (9th Cir. 1992)), no later than November 23, 2016. No later than November 23, 2016, defendant shall pay to relator the sum of $1,400 pursuant to Fed.R.Civ.P. 37(a)(5)(A) (sbu)
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| Filing 70 DECLARATION of Arash Sadat in Support of MOTION to Compel Responses to Interrogatories and Requests for Production of Documents Propounded on Defendant Lemar Home Health Care Services, Inc. MOTION to Produce Documents Responsive to Requests for Production MOTION for Sanctions for Failure to Serve Responses or Produce Documents #68 filed by Plaintiff Alex Timple. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sadat, Arash) |
| Filing 69 JOINT STIPULATION to MOTION to Compel Responses to Interrogatories and Requests for Production of Documents Propounded on Defendant Lemar Home Health Care Services, Inc. MOTION to Produce Documents Responsive to Requests for Production MOTION for Sanctions for Failure to Serve Responses or Produce Documents #68 filed by Plaintiff Alex Timple. (Sadat, Arash) |
| Filing 68 NOTICE OF MOTION AND MOTION to Compel Responses to Interrogatories and Requests for Production of Documents Propounded on Defendant Lemar Home Health Care Services, Inc., MOTION to Produce Documents Responsive to Requests for Production , MOTION for Sanctions for Failure to Serve Responses or Produce Documents filed by Relator Alex Timple. Motion set for hearing on 11/22/2016 at 10:00 AM before Magistrate Judge Paul L. Abrams. (Attachments: #1 Proposed Order)(Sadat, Arash) |
| Filing 67 Notice of Appearance or Withdrawal of Counsel: for attorney Arash Sadat counsel for Plaintiff Alex Timple. Adding Arash Sadat as counsel of record for Alex Timple for the reason indicated in the G-123 Notice. Filed by Relator Alex Timple. (Attorney Arash Sadat added to party Alex Timple(pty:pla))(Sadat, Arash) |
| Filing 66 NOTICE TO PARTIES by District Judge Dean D. Pregerson. Effective November 7, 2016, Judge Pregerson will be located at the 1st Street Courthouse, COURTROOM 9C on the 9th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 9C 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 |
| Filing 65 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION of Christopher B. Lewis to Withdraw as Attorney #64 . The following error(s) was found: As a MOTION, Missing formal Notice of Motion Hearing information (not set on calendar); "Motion" reads as a request, and is Missing formal proposed order which 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. (lc) |
| Filing 64 NOTICE OF MOTION AND MOTION of Christopher B. Lewis to Withdraw as Attorney filed by defendant Lemar Home Health Services Inc. (Attachments: #1 Exhibit A) (Lewis, Christopher) |
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Filing 63
ORDER REGARDING JOINT STIPULATION AND REQUEST TO CONTINUE TRIAL DATE AND ALL PRETRIAL DEADLINES #62 by Judge Dean D. Pregerson: Fact Discovery cut-off 11/30/2016; Expert Discovery cut-off 1/31/2016; Motions due by 3/3/2017;Final Pretrial Conference set for 5/15/2017 11:00 AM; Jury Trial set for 5/30/2017 09:00 AM. All related pretrial deadlines continued and calculated from the new trial date. (lc) Modified on 8/22/2016 (lc).
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| Filing 62 Joint STIPULATION to Continue Trial Date and All Related Pretrial Deadlines from February 27, 2017 to May 30, 2017 Re: Scheduling Order,, Set/Reset Deadlines/Hearings, #61 filed by Relator Alex Timple. (Attachments: #1 Proposed Order)(White, Kenneth) |
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Filing 61
SCHEDULING ORDER by Judge Dean D. Pregerson Pursuant to FRCP 16(b): Counsel must agree on date for the disclosure of expert witness reports pursuant to FRCP 26(a)2; LAST DAY TO JOIN OTHER PARTIES AND TO AMEND THE PLEADINGS : 5/13/16 ; FACT DISCOVERY CUT-OFF: 8/31/16; EXPERT DISCOVERY CUT-OFF: 10/31/16; LAST DAY TO FILE MOTIONS: 12/2/16; FINAL PRE TRIAL CONFERENCE : 2/13/17 11:00 AM; JURY TRIAL : 2/28/17 9:00 AM (lc)
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Filing 60
STIPULATED PROTECTIVE ORDER #59 by Magistrate Judge Paul L. Abrams. *NOTE: CHANGES MADE BY THE COURT.* (es)
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| Filing 59 Joint STIPULATION for Protective Order filed by Plaintiff Alex Timple. (Attachments: #1 Proposed Order)(Tarbinian, Karineh) |
| Filing 58 TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. This case has been referred to Magistrate Judge Abrams for settlement. IT IS ORDERED that plaintiff(s) and defendant(s) confer with each other and set a date and time for a settlement conference, after clearing the date with Magistrate Judge Abrams' clerk, Christianna Howard, (213) 894-7103. The date selected must be soon enough to comply with any deadlines imposed by the District Judge, but not before the parties have engaged in sufficient discussions to make a settlement conference meaningful. In general, the parties should contact the court clerk at least 30 days prior to the date on which they wish to hold the settlement conference. Please note that settlement conferences are usually conducted on Thursdays and begin at 9:00 a.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY |
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Filing 57
ORDER/REFERRAL to ADR Procedure No 1 by Judge Dean D. Pregerson. Case ordered to Magistrate Judge Paul L. Abrams for Settlement Conference. (lc)
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| Filing 56 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 Paul L. Abrams for any discovery and/or post-judgment matters that may be referred. Case number will now read as CV14-03613 DDP (PLAx). (mg) |
| Filing 55 MINUTES OF Scheduling Conference held before Judge Dean D. Pregerson. Court and counsel confer re case status. Court sets trial dates. (Refer to the SCHEDULING ORDER to be issued hereafter.)Court Reporter: none. (lc) |
| Filing 54 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10 days, filed by Plaintiff Alex Timple.. (Tarbinian, Karineh) |
| Filing 53 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Unik Home Health Care Services Inc (lc) |
| Filing 52 APPLICATION for Clerk to Enter Default against Defendant Unik Home Health Care Services Inc filed by Relator Alex Timple. (Attachments: #1 Declaration of Karineh Tarbinian) (White, Kenneth) |
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Filing 51
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson:COUNSEL ARE NOTIFIED there were two SCHEDULING CONFERENCES set for January 14, 2016. Therefore, the SCHEDULING CONFERENCE set for 1:30 p.m., is hereby VACATED. (lc)
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| Filing 50 Certification And NOTICE of Interested Parties filed by Defendant Excel Care Home Health Services Inc, identifying Excel Care Home Health Services, Inc.; Dove Gabrielle Manuel De Jesus; Medel Aguado Calantas. (Dominguez, Darin) |
| Filing 49 ANSWER to Complaint - (Discovery),, #1 First Answer to Complaint filed by defendants Excel Care Home Health Services Inc.(Attorney Darin R Dominguez added to party Excel Care Home Health Services Inc(pty:dft))(Dominguez, Darin) |
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Filing 48
ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson: Scheduling Conference set for 1/14/2016 at 01:30 PM before Judge Dean D. Pregerson. This matter is set for a scheduling conference in Courtroom 3, before the Honorable Dean D. Pregerson, located at 312 North Spring Street, Los Angeles, California 90012. The conference will be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. (shb)
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| Filing 47 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Unik Home Health Care Services Inc served on 10/18/2015, answer due 11/9/2015. Service of the Summons and Complaint were executed upon Albina Petrosian, CEO of Unik Home Health Care Services, Inc. in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 46 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Rightcare Home Health Service Answer to Complaint #44 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Serenity Health Care Answer to Complaint #40 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 44 ANSWER to Complaint - (Discovery),, #1 filed by defendants Rightcare Home Health Services Inc.(Dominguez, Darin) |
| Filing 43 DEFAULT BY CLERK F.R.Civ.P.55(a) as to INSIGHT HEALTH CARE PROVIDERS, INC., a California corporation, (shb) |
| Filing 42 APPLICATION for Clerk to Enter Default against Defendant Insight Health Care Providers Inc filed by Relator Alex Timple. (Attachments: #1 Declaration) (White, Kenneth) |
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Filing 41
ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson. Scheduling Conference as follows: Thursday, January 14, 2016 at 10:00 a.m. The conference will be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. The parties are reminded of their obligations to disclose information and confer on a discovery plan not later than twenty-one (21) days prior to the scheduling conference and file a report with the Court entitled "Rule 26(f) Report", not later than fourteen (14) days after they confer as required by Federal Rule of Civil Procedure 26 and the Local Rules of this Court. Failure to comply may lead to the imposition of sanctions. IT IS SO ORDERED. (lom)
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| Filing 40 ANSWER To Complaint filed by Defendant Serenity Health Care Inc.(Attorney Arbella Azizian added to party Serenity Health Care Inc(pty:dft))(Azizian, Arbella) Modified on 4/10/2017 (lc) (STRICKEN PER 4/10/17 MINUTES). |
| Filing 39 First STIPULATION Extending Time to Answer the complaint as to filed by defendants Rightcare Home Health Services Inc.(Attorney Darin R Dominguez added to party Rightcare Home Health Services Inc(pty:dft))(Dominguez, Darin) |
| Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint #37 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv) |
| Filing 37 ANSWERJURY DEMAND. filed by defendant Lemar Home Health Services Inc.(Attorney Christopher Brandon Lewis added to party Lemar Home Health Services Inc(pty:dft))(Lewis, Christopher) Modified on 2/27/2017 (lc). (STRICKEN PER 2/27/17 MINUTES) |
| Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth P White counsel for Plaintiff Alex Timple. Adding Karineh Tarbinian as counsel of record for Alex Timple for the reason indicated in the G-123 Notice. Filed by Plaintiff Alex Timple. (White, Kenneth) |
| Filing 35 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Alex Timple, upon Defendant Rightcare Home Health Services Inc acknowledgment sent by Plaintiff on 9/10/2015, answer due 10/1/2015. Acknowledgment of Service signed by Darin Dominguez, Attorney. (White, Kenneth) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed (21 days), #31 , Service of Summons and Complaint Returned Executed (21 days), #32 , Service of Summons and Complaint Returned Executed (21 days), #30 , Service of Summons and Complaint Returned Executed (21 days), #28 , Service of Summons and Complaint Returned Executed (21 days), #29 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Kenneth P White counsel for Plaintiff Alex Timple. Nannina L. Angioni is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Alex Timple. (White, Kenneth) |
| Filing 32 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Unik Home Health Care Services Inc served on 9/8/2015, answer due 9/29/2015. Service of the Summons and Complaint were executed upon Tigran Oganesyan, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 31 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Serenity Health Care Inc served on 9/5/2015, answer due 9/28/2015. Service of the Summons and Complaint were executed upon Helen Martin, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Lemar Home Health Services Inc served on 9/1/2015, answer due 9/22/2015. Service of the Summons and Complaint were executed upon Luis Tungol, Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Insight Health Care Providers Inc served on 9/7/2015, answer due 9/28/2015. Service of the Summons and Complaint were executed upon Roderick Aguino, Agent for Service of process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Alex Timple, upon Defendant Excel Care Home Health Services Inc served on 9/1/2015, answer due 9/22/2015. Service of the Summons and Complaint were executed upon Venda Parks, Office Manager in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (White, Kenneth) |
| Filing 27 21 DAY Summons Issued re Complaint - (Discovery),, #1 as to defendants Excel Care Home Health Services Inc, Insight Health Care Providers Inc, Lemar Home Health Services Inc, Rightcare Home Health Services Inc, Serenity Health Care Inc, Unik Home Health Care Services Inc. (lc) |
| Filing 26 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by Plaintiff/Relator Alex Timple. (White, Kenneth) |
| Filing 25 CORRECTED NOTICE OF DEFICIENCIES ( corrected as to the cite of the additional filings not reflected previously on the pdf document no. 24 ) in Request to Issue Summons RE: Summons Request #18 , Summons Request #19 , Summons Request #20 , Summons Request #21 , Summons Request #22 , Summons Request #23 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. Please prepare ONLY one summons, leave the "TO" area blank prior to Clerk's issuing of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 24 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #18 , Summons Request #19 , Summons Request #22 , Summons Request #21 , Summons Request #20 , Summons Request #23 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. The space below the caption entitled To:Defendant(s):must contain the names of all defendants or be left blank. The court does not issue single summonses to individual defendants. Please prepare ONLY one summons, leave the "TO" area blank prior to Clerk's issuing of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 23 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
| Filing 22 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
| Filing 21 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
| Filing 20 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
| Filing 19 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
| Filing 18 Request for Clerk to Issue Summons on Complaint - (Discovery),, #1 filed by plaintiff Alex Timple. (White, Kenneth) |
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Filing 17
ORDER by Judge Dean D. Pregerson, re ELECTION #15 by the United States to Decline Intervention and Unseal of Complaint #1 . IT IS ORDERED that 1. The Complaint is unsealed and shall be served upon the defendants, by the relator; 2. The seal is lifted in this action as to this Order and the Notice of Election by the Government to Decline Intervention, which the relator will serve upon the defendants with the Complaint; 3. The seal is lifted as to all papers and records filed or lodged in this action after the date of this Order; 4. All other contents of the Court's file in this action shall remain under seal and shall not be made public or served upon any defendant or other party or person. [See document for all details] (mat)
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Filing 16
ORDER by Judge Dean D. Pregerson, re Notice (Other) #15 , ORDER UNSEALING CASE by Judge Dean D. Pregerson. IT IS ORDERED that 1. The Complaint is unsealed and shall be served upon the defendants, by the relator; 2. The seal is lifted in this action as to this Order and the Notice of Election by the Government to Decline Intervention, which the relator will serve upon the defendants with the Complaint; 3. The seal is lifted as to all papers and records filed or lodged in this action after the date of this Order; 4. All other contents of the Courts file in this action shall remain under seal and shall not be made public or served upon any defendant or other party or person. [ See document for complete details] (mat)
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| Filing 15 NOTICE of Election by the United States to Decline Intervention. (mat) |
| Filing 1 FILED IN CAMERA AND UNDER SEAL COMPLAINT against Defendants Excel Care Home Health Services Inc, Insight Health Care Providers Inc, Lemar Home Health Services Inc, Rightcare Home Health Services Inc, Serenity Health Care Inc, Unik Home Health Care Services Inc, Does 1 through 20 inclusive. Case assigned to Judge Dean D. Pregerson for all further proceedings. Discovery referred to Magistrate Judge Victor B Kenton. (Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Alex Timple. [Summons not Issued on 5/9/2014.] (et) (Main Document 1 replaced on 7/9/2015) (mat). |
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