Russell-Thomas v. Kaiser Permanente Medical Center et al
| Andrea Russell-Thomas |
| Kaiser Permanente Medical Center, Jean Estanislao, Southern California Permanente Medical Group, Riechilda Cedron and Does 1 through 10 Inclusive |
| Robbin L Itkin |
| 2:2014cv08191 |
| October 22, 2014 |
| US District Court for the Central District of California |
| Christina A Snyder |
| Ralph Zarefsky |
| Civil Rights: Jobs |
| 42 U.S.C. § 1981 |
| Plaintiff |
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Filing 47
MINUTE (IN CHAMBERS) - ORDER REMOVING ACTION FROM THE ACTIVELIST OF CASES, PURSUANT TO SETTLEMENT by Judge Christina A. Snyder. THE COURT, having been notified by counsel that the above-entitled action has been settled #46 on or about February 29, 2016; IT IS HEREBY ORDERED that this action is hereby removed from this Court's active caseload until further application by the parties or order of this Court. IT IS FURTHER ORDERED that counsel shall file a proper stipulation for dismissal or a joint report detailing settlement status within 30 days and every quarter thereafter until a stipulation for dismissal is filed. This Court retains full jurisdiction over this action and this Order shall not prejudice any party to this action. All dates in this action are hereby VACATED. IT IS SO ORDERED. (iv)
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| Filing 46 STIPULATION for Settlement AND NOTICE OF DISMISSAL filed by Plaintiff Andrea Russell-Thomas.(Haney, Gloria) |
| Filing 45 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder previously scheduled for 3/14/2016 at 12:00 PM has been rescheduled. Telephone Further Status Conference re: Settlement is continued to 3/21/2016 at 11:45 AM before Judge Christina A. Snyder. All parties are ordered to discuss the matter with their clients and opposing counsel prior to the telephone conference. Counsel for PLAINTIFF is ordered to initiate the telephone conference call THROUGH THE TELEPHONE OPERATOR to include all counsel of record, and CHAMBERS at (213) 894-8551 on the date and time scheduled. If the Courts conference line is busy, continue to try to connect, the Court may be finalizing a previous conference call. Counsel shall be available 30 minutes prior and 30 minutes after the time scheduled for the telephone conference. NOTE: During the telephonic hearing, counsel must identify themselves before they speak for the benefit of the Court.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 44 MINUTES OF Settlement Conference held before Magistrate Judge Jay C. Gandhi: The parties and their lead counsel appeared for the Settlement Conference. The Court dispensed with a joint session. The Court privately caucused with the parties and their counsel. The matter was resolved.Court Recorder: CS 2/29/2016. (kh) |
| Filing 43 MINUTES OF TELEPHONE FURTHER STATUS CONFERENCE RE: SETTLEMENT held before Judge Christina A. Snyder. Hearing held by telephone and counsel are present. The Court confers with counsel and counsel inform the Court that the parties have a mediation set with Judge Gandhi. The Court sets a Telephone Further Status Conference Re: Settlement on March 14, 2016 at 12:00 PM. The Court grants the parties' request to continue the following dates: Factual Discovery Cut-off: March 14, 2016; Last Day to File Motions: March 18, 2016; and Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): May 2, 2016. Court Reporter: Laura Elias. (See attached document for other requirements.) (lom) |
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Filing 42
(IN CHAMBERS) ORDER REGARDING SETTLEMENT CONFERENCE by Magistrate Judge Jay C. Gandhi. IT IS ORDERED as follows: The parties and their lead trial counsel shall appear for a settlement conference on February 29, 2016 at 10:00 a.m., in Courtroom 6A of the Ronald Reagan Federal Building and U.S. Courthouse, 411 West Fourth Street, 6th Floor, Santa Ana, California 92701. The parties and their lead trial counsel shall keep their schedule clear for the remaining part of the day. No party or counsel shall be excused absent leave from the Judge or until the settlement conference is adjourned. On or before February 22, 2016, each party shall submit a confidential mediation statement (or email) directly to the chambers of the Court at judge_gandhi_mediation@cacd.uscourts.gov. The Statements should not be filed with the Clerk of the Court, and they will not be made part of the case file. (kh)
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| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Christine A Kohler counsel for Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center. Breann Y.S. Nu'uhiwa is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by defendants Kaiser Permanente Medical Center, Jean Estanislao, Riechilda Cedron. (Kohler, Christine) |
| Filing 40 MINUTES OF Status Conference Re Settlement held before Judge Christina A. Snyder: The Court confers with counsel and counsel inform the Court that the parties have not settled. The Court refers the parties to Magistrate Judge Jay C. Gandhi for further mediation. The parties are to contact the Courtroom Deputy to Judge Gandhi forthwith. The Court sets a Telephone Further Status Conference Re: Settlement on 1/25/2016 12:00 PM before Judge Christina A. Snyder. Counsel for PLAINTIFF is ordered to initiate the telephone conference call THROUGH THE TELEPHONE OPERATOR to include all counsel of record, and CHAMBERS on the date and time scheduled. Court Reporter: Laura Elias. (gk) |
| Filing 39 MEDIATION REPORT Filed by Mediator (ADR Panel) Robbin L Itkin: Mediation held on 12/14/2015. The parties are unable to reach an agreement at this time.(Itkin, Robbin) |
| Filing 38 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Robbin L Itkin has been assigned to serve as Panel Mediator. (mb) |
| Filing 37 MINUTES OF Scheduling Conference held before Judge Christina A. Snyder Hearing held and counsel are present. The Court confers with counsel and schedules the following dates: Request for leave to file amended pleadings or to add parties: August 14, 2015;Settlement Completion Cutoff: December 15, 2015; Factual Discovery Cut-off: January 29, 2016; Last Day to File Motions: February 29, 2016; Exchange of Expert Reports Cut-off: February 1, 2016; Expert Discovery Cut-off: March 4, 2016; Status Conference re: Settlement (11:00 A.M.): January 4, 2016; Pretrial Conference/Hearing on Motions in Limine (11:00 A.M.): April 25, 2016; and Jury Trial (9:30 A.M.): May 17, 2016. Motions in limine shall be noticed for the same date and time of the Pretrial Conference, and filed 28 days prior thereto. Motions in limine/oppositions shall not exceed five (5) pages in length and no replies will be accepted..Court Reporter: Laura Elias. (pj) |
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Filing 36
ORDER/REFERRAL to ADR Procedure No 2 by Judge Christina A. Snyder. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than 12/15/2015. Status Conference set for 1/4/2016 11:00 AM before Judge Christina A. Snyder. (gk)
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| Filing 35 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center.. (Kohler, Christine) |
| Filing 34 ANSWER to Amended Complaint/Petition #26 for Damages and Equitable Relief filed by Defendant Kaiser Permanente Medical Center.(Kohler, Christine) |
| Filing 33 NOTICE INTENT NOT TO AMEND SECOND AMENDED COMPLAINT filed by Plaintiff Andrea Russell-Thomas. (Haney, Gloria) |
| Filing 32 MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint ("SAC") #28 . Defendants' motion to dismiss claims four and five of the SAC is DENIED. However, defendants' motion to dismiss plaintiff's claim for violation of FEHA (claim three) is GRANTED with leave to amend. Plaintiff shall have until 5/18/2015 to file a third amended complaint that addresses the deficiencies identified herein. Court Reporter: Laura Elias. (gk) |
| Filing 31 REPLY in support of MOTION to Dismiss Third, Fourth and Fifth Claims of the Second Amended Complaint #28 filed by Defendant Kaiser Permanente Medical Center. (Kohler, Christine) |
| Filing 30 MEMORANDUM in Opposition to the Defendant Kaiser Permanente Medical Center's Notice of Motion and Motion To Dismiss the Third, Fourth, and Fifth Claims of Plaintiff's Second Amended Complaint for Damages and Equitable Relief filed by Plaintiff Andrea Russell-Thomas. (Haney, Gloria) |
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Filing 29
ORDER SETTING SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference set for 7/6/2015 at 11:00 AM before Judge Christina A. Snyder. (cj)
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| Filing 28 NOTICE OF MOTION AND MOTION to Dismiss Third, Fourth and Fifth Claims of the Second Amended Complaint filed by defendant Kaiser Permanente Medical Center. Motion set for hearing on 4/20/2015 at 10:00 AM before Judge Christina A. Snyder. (Kohler, Christine) |
| Filing 27 ANSWER to Amended Complaint/Petition #26 filed by defendants Riechilda Cedron, Jean Estanislao.(Kohler, Christine) |
| Filing 26 SECOND AMENDED COMPLAINT against Defendanta All Defendants amending Complaint - (Discovery), #1 , filed by Plaintiff Andrea Russell-Thomas (Attachments: #1 Exhibit A, #2 Exhibit B)(Haney, Gloria) |
| Filing 25 (In Chambers) DEFENDANT KAISER PERMANENTEMEDICAL CENTERS MOTION TO SET ASIDE DEFAULT(Dkt. #17 , filed January 16, 2015) by Judge Christina A. Snyder: The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing date of February 23, 2015, is vacated, and the matter is hereby taken under submission. In accordance with the foregoing, the Court hereby GRANTS Kaisers motion to set aside the default. Russell-Thomas is hereby ordered to file a second amended complaint naming the proper defendant by March 5, 2015. (kss) |
| Filing 24 ANSWER to Amended Complaint/Petition, #20 filed by Defendants Riechilda Cedron, Jean Estanislao.(Kohler, Christine) |
| Filing 23 REPLY in Support of MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) #13 . #17 filed by Defendant Kaiser Permanente Medical Center. (Attachments: #1 Declaration of Christine Kohler)(Kohler, Christine) |
| Filing 22 OPPOSITION TO DEFENDANT'S NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT filed by Plaintiff Andrea Russell-Thomas. (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)(Haney, Gloria) |
| Filing 21 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: On 1/2/2015, Defendants filed a Motion to Dismiss #14 . Plaintiff has since filed a First Amended Complaint ("FAC") #20 . In light of the filing of the FAC, the original complaint is no longer operative. Accordingly, the Court DENIES AS MOOT the pending motion to dismiss the original complaint, and VACATES the hearing currently scheduled for 2/2/2015. Court Reporter: Laura Elias. (gk) |
| Filing 20 First AMENDED COMPLAINT against Individual Defendants Riechilda Cedron, Does, Jean Estanislao amending Complaint - (Discovery), #1 , filed by Plaintiff Andrea Russell-Thomas (Attachments: #1 Exhibit "A", #2 Exhibit "B")(Haney, Gloria) |
| Filing 19 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) #13 , previously scheduled for 2/16/2015 at 10:00 AM has been rescheduled, based on the Court Holiday. Motion hearing is continued to 2/23/2015 at 10:00 AM before Judge Christina A. Snyder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 18 REPLY and Statement of Non-Receipt of Opposition to MOTION to Dismiss Third, Fourth, Fifth Claims of Plaintiff's Verified Complaint #14 filed by Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center. (Kohler, Christine) |
| Filing 17 NOTICE OF MOTION AND MOTION to Set Aside Default Re: Clerks Entry of Default (CV-37) #13 . filed by Defendant Kaiser Permanente Medical Center. Motion set for hearing on 2/16/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Christine A. Kohler, #3 Proposed Order)(Kohler, Christine) |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants Southern California Permanente Medical Group, Jean Estanislao and Riechilda Cedron's Notice of Motion and Motion to Dismiss Plaintiff's Verified Complaint filed 1/2/2015 #14 . The following error(s) was found: Entry of default of Kaiser Permanente Medical Center on 12/17/2014 precludes the above motion as to Southern California Permanente Medical Group (erroneously sued as "Kaiser Permanente Medical Center"). 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. (gk) |
| Filing 15 NOTICE of Interested Parties filed by Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center, identifying Southern California Permanente Medical Group, Jean Estanislao, Riechilda Cedron, Andrea Russell-Thomas. (Kohler, Christine) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Third, Fourth, Fifth Claims of Plaintiff's Verified Complaint filed by Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center. Motion set for hearing on 2/2/2015 at 10:00 AM before Judge Christina A. Snyder. (Attorney Christine A Kohler added to party Riechilda Cedron(pty:dft), Attorney Christine A Kohler added to party Jean Estanislao(pty:dft), Attorney Christine A Kohler added to party Kaiser Permanente Medical Center(pty:dft))(Kohler, Christine) |
| Filing 13 DEFAULT BY CLERK as to Defendant Kaiser Permanente Medical Center, re #11 . (gk) |
| Filing 12 DECLARATION of Gloria Dredd Haney re APPLICATION for Entry of Default against DefendantKaiser Permanente Medical Center #11 filed by Plaintiff Andrea Russell-Thomas. (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)(Haney, Gloria) |
| Filing 11 APPLICATION for Entry of Default against DefendantKaiser Permanente Medical Center filed by Plaintiff Andrea Russell-Thomas. Application set for hearing on 2/23/2015 at 10:00 AM before Judge Christina A. Snyder. (Haney, Gloria) |
| Filing 10 NOTICE of Hearing on the Plaintiff's Application for Entry of Default--Nonappearance of Defendant Kaiser Permanente Medical Center filed by Plaintiff Andrea Russell-Thomas. (Haney, Gloria) |
| Filing 9 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Andrea Russell-Thomas, upon Defendant Riechilda Cedron acknowledgment sent by Plaintiff on 12/10/2014, answer due 12/31/2014. Acknowledgment of Service signed by Christine Kohler, Attorney for Defendant. (Haney, Gloria) |
| Filing 8 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Andrea Russell-Thomas, upon Defendant Jean Estanislao acknowledgment sent by Plaintiff on 12/10/2014, answer due 12/31/2014. Acknowledgment of Service signed by Christine Kohler, Attorney for Defendant. (Haney, Gloria) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Andrea Russell-Thomas, upon Defendant Kaiser Permanente Medical Center served on 10/24/2014, answer due 11/14/2014. Service of the Summons and Complaint were executed upon Rey Rosales, Authorized Agent in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Haney, Gloria) |
| Filing 6 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Ralph Zarefsky. (et) |
| Filing 3 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Andrea Russell-Thomas. (et) (rn). |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery) #1 as to Defendants Riechilda Cedron, Jean Estanislao, Kaiser Permanente Medical Center. (et) |
| Filing 1 COMPLAINT against Defendants Riechilda Cedron, Does 1 through 10, Inclusive, Jean Estanislao, Kaiser Permanente Medical Center. Case assigned to Judge Christina A. Snyder for all further proceedings. Discovery referred to Magistrate Judge Ralph Zarefsky.(Filing fee $ 400 PAID.) Jury Demanded., filed by Plaintiff Andrea Russell-Thomas. (et) (Additional attachment(s) added on 10/29/2014: #1 Complaint part 2) (rn). |
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