Edward Simon v. Healthways, Inc. et al
| Edward Simon and Affiliated Health Care Associates, P.C |
| Does 1 through 1,000, inclusive, Healthways, Inc., Healthways Wholehealth Networks, Inc. and Medversant Technologies LLC |
| 2:2014cv08022 |
| October 16, 2014 |
| U.S. District Court for the Central District of California |
| Jacqueline Chooljian |
| Beverly Reid O'Connell |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on May 3, 2016. A more recent docket listing may be available from PACER.
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Filing 203
ORDER ON STIPULATION OF DISMISSAL by Judge Beverly Reid O'Connell, re Stipulation to Dismiss Case #202 The Court hereby enters the parties' Stipulation and ORDERS that Dr. Simon's individual claims are dismissed with prejudice, and the claims of the other members of the putative class are dismissed without prejudice, with each party to bear its own costs and attorneys' fees. (Made JS-6. Case Terminated.) (rfi)
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| Filing 202 STIPULATION to Dismiss Case pursuant to settlement filed by Plaintiff Edward Simon. (Attachments: #1 Proposed Order)(Zimmermann, Scott) |
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Filing 201
MINUTE ORDER IN CHAMBERS by Judge Beverly Reid O'Connell: re: Notice of Settlement #200 The Court VACATES the deadline for filing a Joint Designation Submission. The Court hereby VACATES the trial date in this matter and ORDERS the parties to appear at a status conference on May 16, 2016 at 1:30 p.m.IT IS SO ORDERED. (rfi)
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| Filing 200 NOTICE of Settlement filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 199 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court, on its own motion, advances the time of the trial in this matter. The Jury Trial will commence on Tuesday, 5/3/2016 at 08:30 AM before Judge Beverly Reid O'Connell. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY |
| Filing 198 SCHEDULING NOTICE by Magistrate Judge Jacqueline Chooljian. In light of the parties' advisement to the Clerk regarding the status of settlement negotiations, their related request to the Clerk regarding the scheduling of the settlement conference, and the presumably related non-submission of settlement conference statements, the Court hereby vacates the April 26, 2016 Settlement Conference subject to an expedited resetting of the deadline to submit settlement conference statements and to appear for a settlement conference as may be appropriate. The parties are directed to keep the Clerk apprised of the status of this matter. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY |
| Filing 197 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/18/2016 at 2:07 p.m. re Transcript #196 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 196 TRANSCRIPT for proceedings held on 4/18/2016 at 2:07 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, e-mail address [email protected]. 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 5/13/2016. Redacted Transcript Deadline set for 5/23/2016. Release of Transcript Restriction set for 7/21/2016. (Ponce, Myra) |
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Filing 195
MINUTE ORDER REQUIRING PARTIES TO MEET AND CONFER AND TO FILE JOINT DEPOSITION DESIGNATIONS by Judge Beverly Reid O'Connell. The Court ORDERS the parties to:(1) meaningfully meet and confer on Friday, April 22, 2016, regarding the objections to deposition designations and counter-designations, in lieu of a hearing; and, (2) to file a Joint Designation Submission no later than 5:00 p.m. on Wednesday, April 27, 2016. The Joint Designation Submission shall be formatted as indicated in the attached table. The Court accordingly VACATES the hearing scheduled for Friday, April 22, 2016, at 10:00 a.m.IT IS SO ORDERED. (rfi)
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Filing 194
MINUTE ORDER (IN CHAMBERS) ORDER RE EXPEDITED SETTLEMENT CONFERENCE by Magistrate Judge Jacqueline Chooljian. Settlement Conference is scheduled for April 26, 2016 at 10:00 a.m. and will take place in Courtroom 20, 312 North Spring Street, Los Angeles, California, 90012. To the extent any party believes that the Magistrate Judge's review of any other document reflected on the docket would facilitate settlement discussions, such party shall, by not later than Friday, April 22, 2016 at 4:00 p.m., send an email identifying the docket number(s) of such document(s). To the extent any party believes that the Magistrate Judge's review of any other document not reflected on the docket would facilitate settlement discussions, such party should, by not later than Friday, April 22, 2016 at 4:00 p.m., email a.pdf version of such document. Further, by not later than April 25, 2016 at 12:00 p.m., each party shall email a Confidential Settlement Conference Statement to the chambers email. SEE ORDER FOR COMPLETE DETAILS. (dml)
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| Filing 193 TRIAL BRIEF filed by Defendant Medversant Technologies LLC.. (Forsheit, Tanya) |
| Filing 191 Notice of Amendment and Amendment to Joint Witness List Per Court's Ruling Dated April 18, 2016 filed by Defendant Medversant Technologies LLC (Forsheit, Tanya) |
| Filing 190 TRANSCRIPT ORDER as to Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. for Court Reporter. Court will contact Brian Binns at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lee, Kenneth) |
| Filing 192 MINUTES OF MOTIONS IN LIMINE HEARING. Counsel state their appearances for the record. Court questions counsel as stated in court and on the record on motions in limine and invites counsel to present their oral arguments. Arguments by counsel are heard. #117 #118 #119 #120 #121 #123 #124 #125 #126 #155 Court Reporter: Myra Ponce. (rfi) |
| Filing 189 Notice of Lodging of Thumb Drive with Joint Exhibit List and Exhibits filed by Defendant Medversant Technologies LLC (Forsheit, Tanya) |
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Filing 188
ORDER by Judge Beverly Reid O'Connell: granting #187 EX PARTE APPLICATION. (rfi)
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| Filing 187 EX PARTE APPLICATION for Relief from THE COURT'S "LEAD TRIAL COUNSEL" RULE filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order) (Lee, Kenneth) |
| Filing 186 OBJECTIONS to Jury Instructions (Proposed) #185 re Medversant's Proposed "Agency" Instruction filed by Plaintiff Edward Simon. (Attachments: #1 Declaration of Scott Z. Zimmermann re Plaintiff's Objections to Medversant "Agency" Instruction, #2 Exhibit A to Zimmermann Declaration, #3 Exhibit B to Zimmermann Declaration)(Zimmermann, Scott) |
| Filing 185 PROPOSED JURY INSTRUCTIONS filed by Defendant Medversant Technologies LLC.. (Forsheit, Tanya) |
| Filing 184 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/11/2016 at 1:56 p.m. re Transcript #183 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 183 TRANSCRIPT for proceedings held on 4/11/2016 at 1:56 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, e-mail address [email protected]. 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 5/5/2016. Redacted Transcript Deadline set for 5/16/2016. Release of Transcript Restriction set for 7/13/2016. (Ponce, Myra) |
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Filing 182
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Beverly Reid O'Connell: granting #173 APPLICATION to Appear Pro Hac Vice by Attorney David C. Layden on behalf of Defendants, designating Kenneth K. Lee as local counsel. (lt)
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| Filing 181 REPLY in Support of NOTICE OF MOTION AND MOTION to Amend Witness List #112 #155 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 180 OBJECTIONS to Medversant's Counter-Designations to (1) July 23, 2015 Medversant Rule 30(b)(6) Deposition, and (2) July 31, 2015 WholeHealth Rule 30(b)(6) Deposition filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 179 OBJECTIONS to Healthways Defendants' Counter-Designations to (1) July 23, 2015 Medversant Rule 30(b)(6) Deposition, and (2) July 31, 2015 WholeHealth Rule 30(b)(6) Deposition filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 178 TRIAL BRIEF REPLY RE: TESTIMONY OF ANN KENT filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc... (Attachments: #1 Exhibit A)(Lee, Kenneth) |
| Filing 177 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney David C. Layden to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17625875 paid.) #173 . The following error(s) was found: Other error(s) with document(s) are specified below: Failed to use the Court's Proposed Order which is located on the Courts website next to the PHV application. 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. (lt) |
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Filing 176
ORDER (1) RE DISTRICT JUDGE REFERRAL OF EXPEDITED SETTLEMENT CONFERENCE TO MAGISTRATE JUDGE; AND (2) DIRECTING COUNSEL AND CLERK TO CONFER REGARDING SCHEDULING OF SAME by Magistrate Judge Jacqueline Chooljian. The parties are advised that the District Judge this date referred this matter to the above-captioned Magistrate Judge for an expedited settlement conference to take place prior to the currently scheduled May 3, 2016 trial. Counsel and the Clerk are directed forthwith to confer regarding the scheduling of such settlement conference. (hr)
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| Filing 175 MINUTES OF JURY INSTRUCTION CONFERENCE held before Judge Beverly Reid O'Connell: Counsel state their appearances for the record. Jury Instruction Conference is held. The Court continues the Trial in this matter to May 3, 2016 at 1:30 pm.All other deadlines remain the same. (rfi) |
| Filing 174 OBJECTIONS to Miscellaneous Document #163 Objections and Counter-Designations to Plaintiff's Deposition Testimony Designations filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Lee, Kenneth) |
| Filing 173 APPLICATION for attorney David C. Layden to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-17625875 paid.) filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order) (Lee, Kenneth) |
| Filing 172 Opposition to Defendants' Motion re Trial Testimony of Ann Kent #149 re: NOTICE OF MOTION AND MOTION to Amend Witness List #112 #155 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration of Scott Z. Zimmermann in Opposition to Defendants' Motion re Trial Testimony of Ann Kent, #2 Exhibit A to Zimmermann Declaration, #3 Exhibit B to Zimmermann Declaration, #4 Exhibit C to Zimmermann Declaration, #5 Exhibit D to Zimmermann Declaration, #6 Exhibit E to Zimmermann Declaration, #7 Exhibit F to Zimmermann Declaration, #8 Exhibit G to Zimmermann Declaration)(Zimmermann, Scott) |
| Filing 171 Opposition to Medversant's Motion to Add Ann Kent to Witness List re: NOTICE OF MOTION AND MOTION to Amend Witness List #112 #155 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration of Scott Z. Zimmermann in Opposition to Medversant's Motion to Add Ann Kent to Witness List, #2 Exhibit A to Zimmermann Declaration, #3 Exhibit B to Zimmermann Declaration)(Zimmermann, Scott) |
| Filing 170 Plaintiff's Counter Designations to July 31, 2015 Deposition filed by Plaintiff Edward Simon re: Miscellaneous Document #156 (Zimmermann, Scott) |
| Filing 169 OBJECTIONS to Miscellaneous Document #156 Medversant's Designations to the July 31, 2015 WholeHealth Rule 30(b)(6) Deposition filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 168 NOTICE of Appearance filed by attorney Alexander M Smith on behalf of Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. (Smith, Alexander) |
| Filing 167 OBJECTIONS and Counter-Designations to Plaintiff Edward Simon, D.C.'s Deposition Testimony Designations filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 166 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/28/2016 at 3:06 p.m. re Transcript #165 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY |
| Filing 165 TRANSCRIPT for proceedings held on 3/28/2016 at 3:06 p.m. Court Reporter/Electronic Court Recorder: Myra Ponce, e-mail address [email protected]. 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 4/27/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/5/2016. (Ponce, Myra) |
| Filing 164 REPLY (REVISED) Reply in Support of Plaintiff's MOTION IN LIMINE NO. 3 to Exclude Evidence Regarding the Lack of Success of ProMailSource Among WholeHealth Providers #119 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 163 Plaintiff's Deposition Designations filed by Plaintiff Edward Simon (Zimmermann, Scott) |
| Filing 162 REPLY in Support of Plaintiff's MOTION IN LIMINE NO. 5 to Exclude Plaintiff's Involvement in Other Fax Cases #121 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 161 REPLY in Support of Plaintiff's MOTION IN LIMINE NO. 4 to Exclude Argument to the Jury that Plaintiff Is Required to Prove that He Suffered Any Actual Damage #120 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 160 REPLY in Support of Plaintiff's MOTION IN LIMINE NO. 3 to Exclude Evidence Regarding the Lack of Success of ProMailSource Among WholeHealth Providers #119 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 159 REPLY in Support of Plaintiff's MOTION IN LIMINE NO. 2 to Exclude Evidence Regarding the Implementation (or Lack Thereof) of ProMailSource by Defendant WholeHealth #118 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration (Supplemental) of Scott Z. Zimmermann in Support of Plaintiff's Motion in Limine No. 2)(Zimmermann, Scott) |
| Filing 158 REPLY in Support of Plaintiff's MOTION IN LIMINE No. 1 to Exclude Evidence that Plaintiff Provided "Prior Express Permission" By Means Other Than His Application to Become a WholeHealth Provider #117 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration (Supplemental) of Scott Z. Zimmermann in Support of Plaintiff's Motion in Limine No. 1)(Zimmermann, Scott) |
| Filing 157 NOTICE of Lodging Original July 23 and 31, 2015 Deposition Transcripts filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 156 Medversant Technologies, L.L.C.'s Deposition Designations filed by Defendant Medversant Technologies LLC (Forsheit, Tanya) |
| Filing 155 NOTICE OF MOTION AND MOTION to Amend Witness List #112 filed by Defendant Medversant Technologies LLC. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Tanya L. Forsheit, #2 Proposed Order) (Forsheit, Tanya) |
| Filing 154 REPLY in Support of MOTION IN LIMINE to Exclude Third Party Communications #123 filed by Defendant Medversant Technologies LLC. (Attachments: #1 Declaration of Matthew Haddad)(Forsheit, Tanya) |
| Filing 153 REPLY in Support of MOTION IN LIMINE to Exclude Evidence and Argument Regarding Opt-Out Notice Requirements #124 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 152 REPLY in Support of NOTICE OF MOTION AND MOTION to Bifurcate Trial #125 filed by Defendant Medversant Technologies LLC. (Attachments: #1 Declaration of Kenneth K. Lee)(Forsheit, Tanya) |
| Filing 151 JOINDER filed by Defendant Medversant Technologies LLC joining in Trial Brief #149 . (Forsheit, Tanya) |
| Filing 150 REPLY In Support Of MOTION IN LIMINE to Exclude Evidence of Other Faxes Sent by Defendants #126 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Lee, Kenneth) |
| Filing 149 TRIAL BRIEF filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc... (Attachments: #1 Exhibit A)(Lee, Kenneth) |
| Filing 148 NOTICE to Court of Duplicative Filings of Disputed Jury Instructions (Dkt. No. 134 and Dkt. No. 144) filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 146 TRANSCRIPT ORDER as to Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. for Court Reporter. Court will contact Brian Binns at [email protected] with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Lee, Kenneth) |
| Filing 147 MINUTES OF PRETRIAL CONFERENCE held before Judge Beverly Reid O'Connell: Defendants are to file their Motion in Limine Re Ms. Kent no later than April 4, 2016; Opposition to the motion is to be filed no later than April 11, 2016; Reply is to be filed no later than April 13, 2016, and the hearing on the motion will be April 18, 2016 at 1:30 pm. The Court will give plaintiff 5 hours to present their evidence at trial and the court will give defendants 5 hours to present their evidence at trial. Trial remains scheduled for April 26, 2016 at 8:30 a.m.Court Reporter: Myra Ponce. (rfi) |
| Filing 145 OPPOSITION to MOTION IN LIMINE No. 1 to Exclude Evidence that Plaintiff Provided "Prior Express Permission" By Means Other Than His Application to Become a WholeHealth Provider #117 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Lee, Kenneth) |
| Filing 144 PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC.. (Lee, Kenneth) |
| Filing 143 NOTICE OF LODGING filed re Documents for In Camera Review re Medversant's Motion in Limine No. 3 re MOTION IN LIMINE to Exclude Third Party Communications #123 (Zimmermann, Scott) |
| Filing 142 Plaintiff's Opposition to Defendants' Motion to Bifurcate Trials re: NOTICE OF MOTION AND MOTION to Bifurcate Trial #125 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration of Scott Z. Zimmermann in Opposition to Defendants' Motion to Bifurcate Trials, #2 Exhibit A to Zimmermann Declaration, #3 Exhibit B to Zimmermann Declaration, #4 Exhibit C to Zimmermann Declaration)(Zimmermann, Scott) |
| Filing 141 Plaintiff's Opposition to Defendants' Motion in Limine No. 3 re: MOTION IN LIMINE to Exclude Third Party Communications #123 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 140 Plaintiff's Opposition to Defendants' Motion in Limine No. 2 re: MOTION IN LIMINE to Exclude Evidence of Other Faxes Sent by Defendants #126 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 139 NOTICE OF NON-OPPOSITION to MOTION IN LIMINE to Exclude Evidence and Argument Regarding Opt-Out Notice Requirements #124 CONDITIONAL Non-Opposition filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 138 NOTICE OF LODGING filed of Defendants' Proposed Voir Dire Questions re Notice of Lodging Proposed Pretrial Order #110 (Attachments: #1 Defendants' Proposed Voir Dire Questions)(Forsheit, Tanya) |
| Filing 137 PROPOSED (Disputed) JURY VERDICT filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 136 Proposed Voir Dire Questions filed by Plaintiff Edward Simon.. (Zimmermann, Scott) |
| Filing 135 STATEMENT of the Case (Agreed) filed by Plaintiff Edward Simon (Attachments: #1 Exhibit A (Proposed Statement of the Case))(Zimmermann, Scott) |
| Filing 134 PROPOSED JURY INSTRUCTIONS (by Plaintiff and/or Defendants, with Index (Disputed) set) filed by Plaintiff Edward Simon.. (Zimmermann, Scott) |
| Filing 133 OPPOSITION to MOTION IN LIMINE NO. 5 to Exclude Plaintiff's Involvement in Other Fax Cases #121 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Lee, Kenneth) |
| Filing 132 PROPOSED JURY VERDICT filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 131 OPPOSITION to MOTION IN LIMINE NO. 2 to Exclude Evidence Regarding the Implementation (or Lack Thereof) of ProMailSource by Defendant WholeHealth #118 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Lee, Kenneth) |
| Filing 130 PROPOSED JURY INSTRUCTIONS filed by Defendant Medversant Technologies LLC.. (Attachments: #1 Medversant's Disputed Proposed Jury Instructions)(Forsheit, Tanya) |
| Filing 129 PROPOSED JURY INSTRUCTIONS filed by Defendant Medversant Technologies LLC.. (Attachments: #1 Joint Set of Jury Instructions)(Forsheit, Tanya) |
| Filing 128 Opposition Opposition re: MOTION IN LIMINE NO. 4 to Exclude Argument to the Jury that Plaintiff Is Required to Prove that He Suffered Any Actual Damage #120 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 127 Opposition Opposition re: MOTION IN LIMINE NO. 3 to Exclude Evidence Regarding the Lack of Success of ProMailSource Among WholeHealth Providers #119 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 126 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence of Other Faxes Sent by Defendants filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order)(Lee, Kenneth) |
| Filing 125 NOTICE OF MOTION AND MOTION to Bifurcate Trial filed by Defendant Medversant Technologies LLC. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Tanya L. Forsheit, #2 Proposed Order) (Forsheit, Tanya) |
| Filing 124 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Evidence and Argument Regarding Opt-Out Notice Requirements filed by Defendant Medversant Technologies LLC. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Tanya L. Forsheit, #2 Proposed Order)(Forsheit, Tanya) |
| Filing 123 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Third Party Communications filed by Defendant Medversant Technologies LLC. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Matthew Haddad, #2 Declaration of Tanya L. Forsheit, #3 Proposed Order)(Forsheit, Tanya) |
| Filing 122 NOTICE OF LODGING filed PROPOSED ORDERS re MOTION IN LIMINE NO. 3 to Exclude Evidence Regarding the Lack of Success of ProMailSource Among WholeHealth Providers #119 , MOTION IN LIMINE No. 1 to Exclude Evidence that Plaintiff Provided "Prior Express Permission" By Means Other Than His Application to Become a WholeHealth Provider #117 , MOTION IN LIMINE NO. 2 to Exclude Evidence Regarding the Implementation (or Lack Thereof) of ProMailSource by Defendant WholeHealth #118 (Attachments: #1 Proposed Order Granting Plaintiff's Motion in Limine No. 1, #2 Proposed Order Granting Plaintiff's Motion in Limine No. 2, #3 Proposed Order Granting Plaintiff's Motion in Limine No. 3)(Zimmermann, Scott) |
| Filing 121 NOTICE OF MOTION AND MOTION IN LIMINE NO. 5 to Exclude Plaintiff's Involvement in Other Fax Cases filed by Plaintiff Edward Simon. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order Granting Plaintiff's Motion in Limine No. 5)(Zimmermann, Scott) |
| Filing 120 NOTICE OF MOTION AND MOTION IN LIMINE NO. 4 to Exclude Argument to the Jury that Plaintiff Is Required to Prove that He Suffered Any Actual Damage filed by Plaintiff Edward Simon. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order Granting Plaintiff's Motion in Limine No. 4)(Zimmermann, Scott) |
| Filing 119 NOTICE OF MOTION AND MOTION IN LIMINE NO. 3 to Exclude Evidence Regarding the Lack of Success of ProMailSource Among WholeHealth Providers filed by Plaintiff Edward Simon. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Scott Z. Zimmermann in Support of Plaintiff's Motion in Limine No. 3)(Zimmermann, Scott) |
| Filing 118 NOTICE OF MOTION AND MOTION IN LIMINE NO. 2 to Exclude Evidence Regarding the Implementation (or Lack Thereof) of ProMailSource by Defendant WholeHealth filed by Plaintiff Edward Simon. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Scott Z. Zimmermann in Support of Plaintiff's Motion in Limine No. 2)(Zimmermann, Scott) |
| Filing 117 NOTICE OF MOTION AND MOTION IN LIMINE No. 1 to Exclude Evidence that Plaintiff Provided "Prior Express Permission" By Means Other Than His Application to Become a WholeHealth Provider filed by Plaintiff Edward Simon. Motion set for hearing on 4/18/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Declaration of Scott Z. Zimmermann in Support of Plaintiff's Motion in Limine No. 1, #2 Appendix A to Plaintiff's Motion in Limine No. 1--Exclude Evidence that Plaintiff Provided "Prior Express Permission" by Means Other Than His Application to Become a WholeHealth Provider)(Zimmermann, Scott) |
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Filing 116
ORDER Granting Request of Payne and Fears LLP to Withdraw as Counsel by Judge Beverly Reid O'Connell that the Request for Approval of Substitution or Withdrawal of Counsel by Plaintiff Edward Simon, DC and his attorneys, Payne and Fears, LLP #109 is granted. Payne and Fears LLP and attorneys C. Darryl Cordero, Eric M. Kennedy and Matthew K. Brown are hereby withdrawn and shall be removed from the ECF service list. (jp)
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| Filing 115 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 114 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Medversant Technologies LLC. (Attachments: #1 Declaration of Joseph Beckerman, #2 Declaration of Tanya L. Forsheit)(Forsheit, Tanya) |
| Filing 113 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Lee, Kenneth) |
| Filing 112 Witness List filed by JOINT Witness List filed by Plaintiff Edward Simon.. (Zimmermann, Scott) |
| Filing 111 Joint Exhibit List filed by Plaintiff Edward Simon.. (Zimmermann, Scott) |
| Filing 110 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Edward Simon. (Attachments: #1 Proposed Final Pre-Trial Conference Order)(Zimmermann, Scott) |
| Filing 109 REQUEST TO WITHDRAW ATTORNEY C. Darryl Cordero; Eric M. Kennedy; and Matthew K. Brown as counsel of record filed by Plaintiff Edward Simon. (Attachments: #1 Proposed Order) (Cordero, Charles) |
| Filing 108 MEDIATION REPORT Filed by Plaintiff Edward Simon: Mediation held on August 11, 2015, November 10, 2015, and continued mediation discussions before and after the Court's December 17, 2015 Order denying Plaintiff's Motion for Class Certification. The parties are unable to reach an agreement at this time.(Zimmermann, Scott) |
| Filing 107 NOTICE of Change of address by Scott Z Zimmermann attorney for Plaintiff Edward Simon. Changing attorneys address to 777 S. Figueroa Street, Suite 4000, Los Angeles, CA 90017-5840. Filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
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Filing 106
MINUTE ORDER (IN CHAMBERS) by Judge Beverly Reid O'Connell: The Plaintiff's Motion to Stay Proceedings #97 is DENIED. (cw)
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Filing 105
ORDER VACATING HEARING. The Court has pending, Plaintiff's Notice of Motion and Motion to Stay Action #97 . The Court concludes that the matter is appropriate for resolution without the argument of counsel. Accordingly, the hearing previously scheduled for Monday, February 1, 2016 at 1:30 p.m., is hereby VACATED. Fed. R. Civ. P. 78; C.D. Cal. R. 7-15. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 104
ORDER On Stipulation of Dismissal as to Individual Claims of Plaintiff Affiliated health Care Associates, P.C., With Prejudice #103 by Judge Beverly Reid O'Connell that the individual claims of Affiliated Health Care Associates, P.C. are dismissed with prejudice, with each party to bear their own costs pursuant to FRCP. 41(a)(2). (jp)
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| Filing 103 STIPULATION to Dismiss Plaintiff Affiliated Health Care Associates, P.C filed by Affiliated Health Care Associates, P.C. Affiliated Health Care Associates, P.C. (Attachments: #1 Proposed Order re: Stipulation of Dismissal)(Latturner, James) |
| Filing 102 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending earliest of Court of appeals decision or FCC decision #97 filed by Plaintiff Edward Simon. (Zimmermann, Scott) |
| Filing 101 NOTICE REGARDING UPDATED STANDING ORDERS: Please take notice that Judge Beverly Reid O'Connell has updated the Court's Standing Orders. The Court ORDERS the parties to comply with any and all updated procedures. You can find the updated ORDERS on the Court's website, located at WWW.CACD.USCOURTS.GOV, under Judges Procedures and Schedules. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY |
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Filing 100
ORDER by Judge Beverly Reid O'Connell, re Stipulation for Extension of Time to File Response/Reply #98 The Court, having considered and approved the stipulation between the parties, hereby ORDERS that Plaintiff may have to and including January 19, 2016, within which to file a reply in support of his Motion to Stay Action. (rfi)
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| Filing 99 OPPOSITION OF DEFENDANTS HEALTHWAYS, INC., HEALTHWAYS WHOLEHEALTH NETWORKS, INC. AND MEDVERSANT TECHNOLOGIES, L.L.C. TO PLAINTIFF'S MOTION TO STAY ACTION IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Stay Case pending earliest of Court of appeals decision or FCC decision #97 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Attorney Kenneth K Lee added to party Medversant Technologies LLC(pty:dft))(Lee, Kenneth) |
| Filing 98 STIPULATION for Extension of Time to File Reply as to NOTICE OF MOTION AND MOTION to Stay Case pending earliest of Court of appeals decision or FCC decision #97 , STIPULATION for Order Allowing Plaintiff to File Reply in Support of Motion to Stay the Day After MLK Day filed by Plaintiff Edward Simon. (Attachments: #1 Proposed Order Allowing Plaintiff to File Reply the Day After MLK Day)(Zimmermann, Scott) |
| Filing 97 NOTICE OF MOTION AND MOTION to Stay Case pending earliest of Court of appeals decision or FCC decision filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. Motion set for hearing on 2/1/2016 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Stay, #2 Declaration Declaration of S. Zimmermann in Support of Motion for Stay, #3 Exhibit A-C to Decl of Zimmermann, #4 Exhibit D-L to Decl. of Zimmermann, #5 Proposed Order on Motion to Stay) (Zimmermann, Scott) |
| Filing 96 MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: Plaintiff fails to satisfy the requirements of Rule 23(b)(3), the Court DENIES Plaintiff's Motion for Class Certification. IT IS SO ORDERED. #63 (rfi) |
| Filing 95 MINUTES OF MOTION HEARING Hearing held before Judge Beverly Reid O'Connell: RE: PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (filed 10/5/1) #63 Court questions counsel as stated in court and on the record on the motion(s) and invites counsel to present their oral arguments. Arguments by counsel are heard. The matter is taken under submission, a written order to follow. IT IS SO ORDERED.Court Reporter: Myra Ponce. (rfi) |
| Filing 94 REPLY TO PLAINTIFFS' EVIDENTIARY OBJECTIONS TO THE DECLARATIONS OF TANYA L. FORSHEIT AND NOOR ALIKHAN FILED BY DEFENDANTS' IN SUPPORT OF THEIR JOINT OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 93 AMENDED INDEX OF PORTIONS OF DEPOSITIONS CITED IN SUPPORT OF JOINT OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS ACTION CERTIFICATION filed by Defendant Medversant Technologies LLC re: Miscellaneous Document #90 (Forsheit, Tanya) |
| Filing 92 REPLY in Support NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. (Attachments: #1 Declaration of Scott Z. Zimmermann in Support of Plaintiff's Motion for Class Certification - Supplemental, #2 Supplement - Plaintiffs' Evidentiary Objections to Declaration Submitted by Defendants in Connection With Their Opposition to Plaintiffs' Motion for Class Certification)(Cordero, Charles) |
| Filing 91 NOTICE OF LODGING filed by defefendant Medversant Technologies, L.L.C. re Miscellaneous Document #90 (Forsheit, Tanya) |
| Filing 90 INDEX OF PORTIONS OF DEPOSITIONS CITED filed by Defendant Medversant Technologies LLC re: Objection/Opposition (Motion related) #73 (Forsheit, Tanya) |
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Filing 89
ORDER by Judge Beverly Reid O'Connell: granting #88 EX PARTE APPLICATION. The Court, having considered the ex parte application, hereby ORDERS that leave be given to Plaintiffs to file a reply memorandum in support of their motion for class certification of no more than 20 pages. (rfi)
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| Filing 88 EX PARTE APPLICATION for Leave to file Reply Memorandum in Support of Motion for Class Certification in Excess of 15 Pages (Five Extra Pages Requested) (Application is Unopposed by Defendants) filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. (Attachments: #1 Proposed Order on Plaintiffs' Ex Parte Application for Leave to File Reply Memorandum in Support of Motion for Class Certification in Excess of 15 Pages) (Zimmermann, Scott) |
| Filing 87 Notice of Appearance or Withdrawal of Counsel: for attorney Rosario C Doriott Dominguez counsel for Defendant Medversant Technologies LLC. Rosario C. Doriott Dominguez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Notice of Withdrawal of Counsel Medversant Technologies, L.L.C.. (Doriott Dominguez, Rosario) |
| Filing 86 SEALED DOCUMENT - EXHIBIT 7, 8, 9, and to the Declaration of Kenneth K. Lee in support of Defendants' Joint Opposition. CONFIDENTIAL UNDER SEAL VERSION. UNDER SEAL. (jp) |
| Filing 85 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents Re: Declaration #74 Application to File Under Seal #78 Declaration #79 and Proof of Service #80 . The following error was found: Incorrect type font used by counsel; L.R. 11-3.1.1. Counsel are reminded to use the correct type font in future filings. 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. (cw) |
| Filing 84 SEALED DOCUMENT- KENT DEPOSITION EXHIBITS 36, 38, 39, 41, 42, 44, 45, & 47; BECKERMAN DEPOSITION EXHIBITS 9, 10, 11, & 20; PORTIONS OF KENT DEPOSITION EXHIBITS 40, 43, 46, & 51; PORTIONS OF THE EXPERT REPORT OF ROBERT BIGGERSTAFF; AND PORTIONS OF THE DECLARATION OF BARRY CLARK. (Attachments: Part 2, Part 3, Part 4)(mat) |
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Filing 83
ORDER GRANTING DEFENDANTS' APPLICATION TO FILE UNDER SEAL EXHIBITS 7, 8, 9, AND 10 TO THE DECLARATION OF KENNETH K. LEE IN SUPPORT OF DEFENDANTS' JOINTOPPOSITION by Judge Beverly Reid O'Connell: The Court GRANTS the request and ORDERS that the following documents are hereby filed under seal: (1) Selected portions of Exhibits 7, 8, 9, and 10 to the Declaration of Kenneth K. Lee inSupport of Defendants' Joint Opposition to Plaintiffs' Motion for Class Certification. #78 (rfi)
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Filing 82
ORDER by Judge Beverly Reid O'Connell: granting #64 EX PARTE APPLICATION for Order sealing documents. Having considered the parties' Joint Ex Parte Application to File Under Seal, and for good cause shown, the Court GRANTS the request and ORDERS that the documents contained in the order are hereby filed under seal. (rfi)
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Filing 81
ORDER by Judge Beverly Reid O'Connell: granting #70 EX PARTE APPLICATION. The Court, having considered the ex parte application, hereby ORDERS that leave be given to Defendants to file a joint memorandum in opposition to Plaintiffs' motion for class certification of no more than 35 pages. (rfi)
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| Filing 80 OF SERVICE filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc., re Declaration (Motion related),, #79 served on Declaration of Kenneth K. Lee In Support of Joint Opposition to Plaintiffs' Motion for Class Certification and Exhibits 1 Through 10. (Lee, Kenneth) |
| Filing 79 DECLARATION of Kenneth K. Lee in support of Joint Opposition (Docket No. 73) to Plaintiffs' Motion for Class Certification NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 PUBLIC REDACTED VERSION, #8 Exhibit 8 PUBLIC REDACTED VERSION, #9 Exhibit 9 PUBLIC REDACTED VERSION, #10 Exhibit 10 PUBLIC REDACTED VERSION)(Lee, Kenneth) |
| Filing 78 APPLICATION for Order for Filing Documents Under Seal filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc.. Application set for hearing on 11/30/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order Granting Application to File Documents Under Seal) (Lee, Kenneth) |
| Filing 77 NOTICE of Manual Filing filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. of Portions of Exhibits 7, 8, 9, and 10 of the Declaration of Kenneth K. Lee. (Lee, Kenneth) |
| Filing 76 DECLARATION of Tanya Forsheit in support of Joint Opposition (Docket No. 73) to Plaintiffs' Motion for Class Certification NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Exhibit A Part 1 of 2, #2 Exhibit A Part 2 of 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Lee, Kenneth) |
| Filing 75 DECLARATION of Noor Alikhan in support of Joint Opposition (Docket No. 73) to Plaintiffs' Motion for Class Certification NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B Part 1 of 2, #3 Exhibit B Part 2 of 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Lee, Kenneth) |
| Filing 74 DECLARATION of Ann Kent in support of Joint Opposition (Docket No. 73) to Plaintiffs' Motion for Class Certification NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, Kenneth) |
| Filing 73 JOINT OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #63 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Lee, Kenneth) |
| Filing 72 RESPONSE filed by Defendant Medversant Technologies LLCto Order to Show Cause,, #69 Why the Court Should Not Deny The Parties' Joint Ex Parte Application to File Documents Under Seal Pursuant to L.R. 79-5.1 (Attachments: #1 Declaration of Matthew Haddad)(Forsheit, Tanya) |
| Filing 71 RESPONSE filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.to Order to Show Cause,, #69 (Attachments: #1 Declaration of Ann Kent, #2 Proposed Order Amended)(Lee, Kenneth) |
| Filing 70 EX PARTE APPLICATION to Exceed Page Limitation Joint Opposition to Plaintiffs' Motion for Class Certification filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order) (Lee, Kenneth) |
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Filing 69
ORDER TO SHOW CAUSE RE: JOINT EX PARTE APPLICATION TO FILE DOCUMENTS UNDER SEAL by Judge Beverly Reid O'Connell. The parties are ORDERED TO SHOW CAUSE as to why the Court should not deny the application for lack of explanations. The parties response to this Order shall be filed by no later than Friday, October 30, 2015, at 4:00 p.m. An appropriate response will include reasons demonstrating why the specific information within each document is confidential. Also, to the extent the parties claim that entire documents are confidential, the parties should explain why they are confidential in their entirety (rfi)
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Filing 68
ORDER by Judge Beverly Reid O'Connell, re Stipulation for Order #67 , The deadlines and hearings originally scheduled have been rescheduled. Discovery cut-off 1/26/2016., Last date for hearing on Motions is 2/22/2016 at 1:30 pm, Motions in Limine to be filed by 3/21/2016., Proposed Pretrial Order due by 3/14/2016., Last date to conduct settlement conference is 2/29/2016., Jury Trial set for 4/26/2016 at 8:30 AM before Judge Beverly Reid O'Connell., Pretrial Conference set for 3/28/2016 at 3:00 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 67 STIPULATION for Order re Modification of Discovery Cut-Off and Trial Related Dates filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order)(Lee, Kenneth) |
| Filing 66 DECLARATION of Ann Kent in support of Joint EX PARTE APPLICATION for Order for Leave to File Documents Under Seal in Connection with Plaintiffs' Motion for Class Certification #64 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Lee, Kenneth) |
| Filing 65 NOTICE of Manual Filing filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon of Documents Submitted in Connection with Plaintiffs' Motion for Class Certification Under Seal. (Zimmermann, Scott) |
| Filing 64 Joint EX PARTE APPLICATION for Order for Leave to File Documents Under Seal in Connection with Plaintiffs' Motion for Class Certification filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. (Attachments: #1 Declaration of Matthew Haddad in Support of Joint Ex Parte Application to File Documents Under Seal, #2 Proposed Order Granting Joint Ex Parte Application to File Documents Submitted in Connection with Plaintiffs' Motion for Class Certification Under Seal) (Zimmermann, Scott) |
| Filing 63 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. Motion set for hearing on 11/30/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion for Class Certification, #2 Declaration of Edward Simon, DC in Support of Motion for Class Certification, #3 Declaration of Irene Slusarenko in Support of Plaintiffs' Motion for Class Certification, #4 Declaration of Jaroslaw Slusarenko in Support of Plaintiffs' Motion for Class Certification, #5 Declaration of Scott Z. Zimmermann in Support of Plaintiffs' Motion for Class Certification, #6 Exhibit A to Zimmermann Declaration, #7 Exhibit B to Zimmermann Declaration, #8 Exhibit C to Zimmermann Declaration, #9 Exhibit D to Zimmermann Declaration, #10 Exhibit E to Zimmermann Declaration, #11 Exhibit F to Zimmermann Declaration, #12 Exhibit G to Zimmermann Declaration, #13 Exhibit H to Zimmermann Declaration, #14 Exhibit I to Zimmermann Declaration, #15 Exhibit J to Zimmermann Declaration, #16 Exhibit K to Zimmermann Declaration, #17 Exhibit L to Zimmermann Declaration, #18 Exhibit M to Zimmermann Declaration, #19 Exhibit N to Zimmermann Declaration, #20 Exhibit O to Zimmermann Declaration, #21 Exhibit P to Zimmermann Declaration, #22 Exhibit Q to Zimmermann Declaration, #23 Exhibit R (Part 1) to Zimmermann Declaration, #24 Exhibit R (Part 2) to Zimmermann Declaration, #25 Exhibit S to Zimmermann Declaration, #26 Exhibit T to Zimmermann Declaration, #27 Declaration of C. Darryl Cordero in Support of Plaintiffs' Motion for Class Certification, #28 Declaration of James O. Latturner in Support of Plaintiffs' Motion for Class Certification, #29 Proposed Order Granting Plaintiffs' Motion for Class Certification) (Zimmermann, Scott) |
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Filing 62
ORDER by Judge Beverly Reid O'Connell: granting #61 EX PARTE APPLICATION. The Court, having considered the ex parte application, hereby ORDERS that leave be given to Plaintiffs to file a memorandum in support of their motion for class certification of no more than 30 pages. (rfi)
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| Filing 61 EX PARTE APPLICATION to File Memorandum in Support of Motion for Class Certification in Excess of 25 Pages (Five Extra Pages Requested) filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. (Attachments: #1 Proposed Order on Plaintiffs' Ex Parte Application for Leave to File Memorandum in Support of Motion for Class Certification in Excess of 25 Pages) (Zimmermann, Scott) |
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Filing 60
ORDER REGARDING SCHEDULING OF AMENDED CLASS CERTIFICATION MOTION by Judge Beverly Reid O'Connell: Plaintiffs shall file and serve their amended class certification motion on or before October 5, 2015. The pending motion is VACATED. #52 The hearing on Plaintiffs' amended class certification motion will take place on November 30, 2015 at 1:30 pm. (rfi)
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| Filing 59 STIPULATION for Order Scheduling of Amended Class Certification Motion filed by Plaintiffs Affiliated Health Care Associates, P.C, Edward Simon. (Attachments: #1 Proposed Order Re Scheduling Amended Class Cert Motion)(Cordero, Charles) |
| Filing 58 ANSWER to Amended Complaint/Petition, #51 filed by Defendant Healthways Wholehealth Networks, Inc..(Lee, Kenneth) |
| Filing 57 ANSWER to Amended Complaint/Petition, #51 filed by Defendant Healthways, Inc..(Lee, Kenneth) |
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Filing 56
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Beverly Reid O'Connell: granting #54 Application to Appear Pro Hac Vice by Attorney James O. Latturner on behalf of Plaintiff, designating C. Darryl Cordero as local counsel. (lt)
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| Filing 55 ANSWER to Amended Complaint/Petition, #51 Answer and Affirmative Defenses of Medservant Technologies,LLC to Plaintiffs' First Amended Complaint; Demand for Jury Trial filed by Defendant Medversant Technologies LLC.(Goldberg, Daniel) |
| Filing 54 APPLICATION for attorney James O. Latturner to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Plaintiff Affiliated Health Care Associates, P.C. (Attachments: #1 Proposed Order)(Cordero, Charles) |
| Filing 53 DECLARATION In Support of MOTION to Certify Class #52 filed by Plaintiff Edward Simon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cordero, Charles) |
| Filing 52 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiff Edward Simon. Motion set for hearing on 8/24/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Cordero, Charles) |
| Filing 51 FIRST AMENDED COMPLAINT against Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC amending Notice of Removal, #1 JURY DEMAND, filed by Plaintiffs Edward Simon (Attachments: #1 Exhibit 1 (Fax), #2 Exhibit 2 (Fax), #3 Exhibit 3 (Fax))(Zimmermann, Scott) |
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Filing 50
Order on Stipulation for Leave to File a First Amended Complaint by Judge Beverly Reid O'Connell, re Stipulation for Order, #49 Leave is given to Plaintiff to file the First Amended Complaint in the form attached to the Stipulation. The Amended Complaint is to be filed no later than 5:00 pm. on May 28, 2015. (rfi)
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| Filing 49 STIPULATION for Order for Leave to File a First Amended Complaint filed by Plaintiff Edward Simon. (Attachments: #1 Exhibit A-First Amended Complaint for: (1) Violations of the Telephone Consumer Protection Act, 47 U.S.C. 227, and FCC Regulations; (2) Violations of Cal. Bus. & Professions Code 17538.43; Demand for Jury Trial and Exhibits 1-3, #2 Proposed Order on Stipulation for Leave to File a First Amended Complaint)(Zimmermann, Scott) |
| Filing 48 TEXT ENTRY ONLY: Magistrate Judge Jacqueline Chooljian is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judge's Chambers email at [email protected]. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY |
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Filing 47
PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Amended Stipulation for Protective Order #44 . Having read and considered the parties' Revised Stipulated Protective Order, and for good cause therefore, the Court enters the Revised Stipulated Protective Order as an order of the Court. (hr)
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Filing 46
MINUTES IN CHAMBERS): ORDER by Judge Beverly Reid O'Connell: Defendants' motion to stay is DENIED. The hearing set for April 13, 2015 is VACATED. #35 (rfi)
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| Filing 45 NOTICE filed by Plaintiff Edward Simon. of Explanation Regarding Revised Stipulation for Protective Order (Attachments: #1 Exhibit A)(Kennedy, Eric) |
| Filing 44 Amended STIPULATION for Protective Order filed by Plaintiff Edward Simon. (Attachments: #1 Proposed Order)(Kennedy, Eric) |
| Filing 43 REQUEST FOR JUDICIAL NOTICE re MOTION to Stay Case #35 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 42 REPLY MOTION to Stay Case #35 filed by Defendant Medversant Technologies LLC. (Attachments: #1 Declaration of Tanya L. Forsheit, #2 Declaration of Kenneth Lee, #3 Proposed Order)(Forsheit, Tanya) |
| Filing 41 Memorandum in Opposition to Motion to Stay Case Filed By Plaintiff Edward Simon (With Corrected Hyperlinks) re: MEMORANDUM in Opposition to Motion, #39 (Kennedy, Eric) |
| Filing 40 REQUEST FOR JUDICIAL NOTICE re MOTION to Stay Case #35 in support of Opposition filed by plaintiff Edward Simon. (Attachments: #1 Exhibit A to Request for Judicial Notice, #2 Exhibit B to Request for Judicial Notice, #3 Exhibit C to Request for Judicial Notice, #4 Exhibit D to Request for Judicial Notice, #5 Exhibit E to Request for Judicial Notice)(Kennedy, Eric) |
| Filing 39 MEMORANDUM in Opposition to MOTION to Stay Case #35 filed by Plaintiff Edward Simon. (Attachments: #1 Declaration of Edward Simon, #2 Exhibit A to Declaration of Edward Simon, #3 Declaration of Scott Zimmerman, #4 Exhibit A to Declaration of Scott Zimmerman, #5 Exhibit B to Declaration of Scott Zimmerman, #6 Exhibit C to Declaration of Scott Zimmerman, #7 Declaration of Courtney Portner)(Kennedy, Eric) |
| Filing 38 TEXT ENTRY ONLY: Magistrate Judge Jacqueline Chooljian is participating in a pilot project regarding the submission of SEALED DOCUMENTS. Effective July 8, 2013, all proposed sealed documents pertaining to discovery matters referred to the magistrate judge must be submitted via e-mail to the Judge's Chambers email at [email protected]. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hr) TEXT ONLY ENTRY |
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Filing 37
ORDER DENYING REQUEST TO APPROVE PROPOSED STIPULATED PROTECTIVE ORDER WITHOUT PREJUDICE by Magistrate Judge Jacqueline Chooljian, re Stipulation for Protective Order #33 . The parties may choose to submit for Court approval, an amended proposed protective order which remedies the deficiencies described below. Alternatively, the parties may wish to enter into a confidentiality agreement among themselves, obviating the need for a protective order from the Court. See order for details. (hr)
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| Filing 36 REQUEST FOR JUDICIAL NOTICE re MOTION to Stay Case #35 filed by defendant Medversant Technologies LLC. (Attachments: #1 Proposed Order Proposed Order Granting Request for Judicial Notice)(Forsheit, Tanya) |
| Filing 35 NOTICE OF MOTION AND MOTION to Stay Case filed by defendant Medversant Technologies LLC. Motion set for hearing on 4/13/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Stay Action, #2 Declaration Declaration of Kenneth Lee in Support of Motion to Stay Action, #3 Declaration Declaration of Kathleen Policarpio in Support of Motion to Stay Action, #4 Declaration Declaration of Ann Kent in Support of Motion to Stay Action, #5 Declaration Declaration of Joe Beckerman in Support of Motion to Stay Action)(Forsheit, Tanya) |
| Filing 34 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Protective Order #33 . The following error(s) was found: Other error(s) with document(s) are specified below: Local Rule 11-3.8: Title page lacking name, address, phone, facsimile numbers, and e-mail address of filer. 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. (dml) |
| Filing 33 STIPULATION for Protective Order filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order Stipulation for Protective Order)(Lee, Kenneth) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Stephen H Turner counsel for Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. Stephen Turner is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendant Heatlthways, Inc. and Healthways WholeHealt Netorks, Inc.. (Turner, Stephen) |
| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Christina Avedissian counsel for Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc.. Filed by Defendants Healthways, Inc. and Healthways Wholehealth Networks, Inc.. (Attorney Christina Avedissian added to party Healthways Wholehealth Networks, Inc.(pty:dft), Attorney Christina Avedissian added to party Healthways, Inc.(pty:dft))(Avedissian, Christina) |
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Filing 30
ORDER by Judge Beverly Reid O'Connell GRANTING REQUEST for Approval of Substitution of attorney Kenneth K Lee of Jenner & Block LLP for Defendants Healthways, Inc., and Healthways Wholehealth Networks, Inc., in place and stead of attorneys Larissa G Nefulda and Stephen H Turner #29 . (jp)
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| Filing 29 APPLICATION to Substitute attorney Kenneth K. Lee in place of attorney Stephen H. Turner filed by Defendant Healthways Wholehealth Networks, Inc., Healthways, Inc.. (Attachments: #1 Proposed Order)(Attorney Kenneth K Lee added to party Healthways Wholehealth Networks, Inc.(pty:dft), Attorney Kenneth K Lee added to party Healthways, Inc.(pty:dft))(Lee, Kenneth) |
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Filing 28
CIVIL JURY TRIAL ORDER by Judge Beverly Reid O'Connell: Trial Estimate: 4-7 days. Amended Pleadings due by 5/31/2015. Discovery cut-off 11/30/2015. Motions in Limine to be filed by 1/12/2016. Last date for hearing on Motions is 12/21/2015. Proposed Pretrial Order due by 1/5/2016. Last date to conduct settlement conference is 12/22/2015. Motion set for hearing on 2/8/2016 at 01:30 PM before Judge Beverly Reid O'Connell. Pretrial Conference set for 1/25/2016 at 03:00 PM before Judge Beverly Reid O'Connell. Jury Trial set for 2/23/2016 at 08:30 AM before Judge Beverly Reid O'Connell. (jloz)
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Filing 27
ORDER/REFERRAL to ADR Procedure No 3 by Judge Beverly Reid O'Connell. 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 December 22, 2015. (jloz)
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| Filing 26 SCHEDULING NOTICE by Judge Beverly Reid O'Connell. The Court, on its own motion, VACATES the Scheduling Conference set for Monday, February 2, 2015 at 1:30 p.m. No appearances are necessary. Counsel are instructed to fully comply with Federal Rules of Civil Procedure, Rule 26(a). Scheduling and Case Management Order to follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jloz) TEXT ONLY ENTRY |
| Filing 25 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Edward Simon.. (Brown, Matthew) |
| Filing 24 NOTICE of Appearance filed by attorney Matthew K Brown on behalf of Plaintiff Edward Simon (Attorney Matthew K Brown added to party Edward Simon(pty:pla))(Brown, Matthew) |
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Filing 23
ORDER TO APPLICATION AND JOINT STIPULATION TO CONTINUE SCHEDULING CONFERENCEby Judge Beverly Reid O'Connell, re Stipulation to Continue, #22 Scheduling Conference is continued to 2/2/2015 at 01:30 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 22 Joint STIPULATION to Continue Scheduling Conference from December 29, 2014 to February 2, 2015 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Attachments: #1 Proposed Order)(Attorney Stephen H Turner added to party Medversant Technologies LLC(pty:dft))(Turner, Stephen) |
| Filing 21 Renewed STIPULATION for Order re Motion for Class Certification filed by Plaintiff Edward Simon. (Attachments: #1 Proposed Order on Renewed Stipulation re Motion for Class Certification)(Zimmermann, Scott) |
| Filing 20 (Attorney Daniel Marc Goldberg added to party Medversant Technologies LLC(pty:dft))(Goldberg, Daniel) |
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Filing 19
ORDER by Judge Beverly Reid O'Connell, DENYING Stipulation for Extension of Time to File #18 . (rfi)
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| Filing 18 STIPULATION for Extension of Time to File Motion for Class Certificatio filed by Plaintiff Healthways, Inc.. (Attachments: #1 Proposed Order)(Turner, Stephen) |
| Filing 17 AMENDED ANSWER FIRST AMENDED ANSWER filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc., Medversant Technologies LLC. (Turner, Stephen) |
| Filing 16 AMENDED ANSWER and Affirmative Defenses of Medversant Technologies, L.L.C. to Plaintiffs Class Action Complaint for Violations of The Junk Fax Prevention Act to Notice of Removal, #1 filed by Defendant Medversant Technologies LLC. (Forsheit, Tanya) |
| Filing 15 (Attorney Rosario C Doriott Dominguez added to party Medversant Technologies LLC(pty:dft))(Doriott Dominguez, Rosario) |
| Filing 14 ANSWER to Notice of Removal, #1 ANSWER TO COMPLAINT filed by defendants Healthways, Inc..(Turner, Stephen) |
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Filing 13
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE AND JOINT REPORT by Judge Beverly Reid O'Connell. Scheduling Conference set for 12/29/2014 at 01:30 PM before Judge Beverly Reid O'Connell. (rfi)
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| Filing 12 ANSWER to Notice of Removal, #1 JURY DEMAND. Answer and Affirmative Defenses to Plaintiff's Class Action Complaint filed by Defendant Medversant Technologies LLC.(Forsheit, Tanya) |
| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to Healthways, Inc. answer now due 10/30/2014, re Notice of Removal, #1 filed by defendant Healthways, Inc..(Turner, Stephen) |
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Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. Judge Beverly Reid O'Connell is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted via e-mail to the Judge's Chambers email at [email protected]. Please refer to the judge's procedures and schedules for detailed instructions for submission of sealed documents. (rfi)
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| Filing 9 Certification and Notice of Interested Parties filed by Plaintiff Edward Simon, identifying Edward Simon, DC; Healthways, Inc.; Healthways Wholehealth Network, Inc; and Medversant Technologies, LLC. (Zimmermann, Scott) |
| Filing 8 Certification and NOTICE of Interested Parties filed by Defendant Medversant Technologies LLC, identifying Edward Simon, DC (Plaintiff), Healthways, Inc. (Defendant), Healthways Wholehealth Networks, Inc. (Defendant), Medversant Technologies, L.L.C. (Defendant), The Travelers Companies, Inc. (Insurance Carrier for Defendant Medversant Technologies, L.L.C.). (Attorney Tanya L Forsheit added to party Medversant Technologies LLC). (Attorney Tanya L Forsheit added to party Medversant Technologies LLC(pty:dft))(Forsheit, Tanya) |
| Filing 7 JOINDER filed by Defendant Medversant Technologies LLC joining in Notice of Removal, #1 . (Forsheit, Tanya) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Jacqueline Chooljian. (ghap) |
| Filing 4 CERTIFICATION AND NOTICE of Interested Parties filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. (ghap) (rn). |
| Filing 3 DECLARATION of Larissa G. Nefulda in Support of re Notice of Removal, #1 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. (ghap) (rn). |
| Filing 2 DECLARATION of Martie Stabelfeldt in Support of re Notice of Removal, #1 filed by Defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. (ghap) (rn). |
| Filing 1 NOTICE OF REMOVAL from Superior Court of the State of California for the County of Los Angeles, case number BC557772 with CONFORMED FILED copy of summons and complaint. Case assigned to Judge Beverly Reid O'Connell, Discovery to Magistrate Judge Jacqueline Chooljian. Filing fee $400:PAID, filed by defendants Healthways Wholehealth Networks, Inc., Healthways, Inc. (ghap) (rn). |
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