California Insurance Guarantee Association v. Sylvia Mathews Burwell et al
| California Insurance Guarantee Association |
| Sylvia Mathews Burwell, United States Department of Health and Human Services and Center for Medicare and Medicaid Services |
| 2:2015cv01113 |
| February 17, 2015 |
| US District Court for the Central District of California |
| Frederick F Mumm |
| Otis D Wright |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 122 JUDGMENT #112 by Judge Otis D. Wright, II. It is HEREBY ORDERED and ADJUDGED: Judgment is entered in favor of Plaintiff California Insurance Guarantee Association for the reasons set forth in the Ninth Circuit Court of Appeal's October 10, 2019 opinion in Case Nos. 17-56526 and 17-56528, cited as Cal. Ins. Guar. Ass'n v. Azar, 940 F.3d 1061 (9th Cir. 2019). (MD JS-6, Case Terminated). (lom) |
| Filing 121 Joint STIPULATION for Judgment as to filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Judgment)(Bickford, James) |
| Filing 119 STATUS REPORT (Filed Jointly) filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Bickford, James) |
Filing 118
ORDER GRANTING STIPULATION TO EXTEND TIME TO FILE JOINT STATUS REPORT NO LATER THAN FEBRUARY 3, 2020 #117 by Judge Otis D. Wright, II (lc)
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| Filing 117 NOTICE OF MOTION AND MOTION for Extension of Time to File Joint Status Report filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order) (Bickford, James) |
| Filing 116 NOTICE OF REASSIGNMENT of Assistant United States Attorney James Bickford on behalf of Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Assistant United States Attorney Nikhel Sus terminated. (Attorney James Bickford added to party Center for Medicare and Medicaid Services(pty:dft), Attorney James Bickford added to party Sylvia Mathews Burwell(pty:dft), Attorney James Bickford added to party United States Department of Health and Human Services(pty:dft))(Bickford, James) |
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Filing 120
MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II: In light of the Parties Report, the Court ORDERS the parties to meet and confer and submit a joint-stipulated Judgment no later than February 10, 2020. IT IS SO ORDERED. (yl)
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Filing 115
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: On December 2, 2019, the Court received the Mandate of the Ninth Circuit, reversing and remanding this matter back to this Court #114 . In light of the Ninth Circuits Mandate, the Court ORDERS the parties to meet and confer and submit a joint report no laterthan January 27, 2020. The report should include how the parties intend to proceed with this case including proposed briefing schedules for anticipated motions and proposed trial and pretrial dates. The Clerk of the Court shall re-open the case. (Case reopened. MD JS-5.) (lc)
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| Filing 114 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 , Notice of Appeal to 9th Circuit Court of Appeals, #105 , CCA # 17-56526 and 17-56528. The judgment of this Court, entered October 10, 2019, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum #112 we reverse and remand for further proceedings consistent with this opinion. REVERSED and REMANDED.](mat) |
| Filing 113 Notice of Electronic Filing re USCA Memorandum/Opinion/Order, #112 e-mailed to Kelly Biggins bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 112 OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 filed by California Insurance Guarantee Association, Notice of Appeal to 9th Circuit Court of Appeals, #105 filed by Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. CCA # 17-56526,17-56528. District Court Decision is REVERSED and REMANDED. (lc) |
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Filing 111
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #106 filed by California Insurance Guarantee Association, Notice of Appeal to 9th Circuit Court of Appeals, #105 filed by Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. CCA # 17-56526; 17-56528. (lc)
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| Filing 110 NOTICE OF REASSIGNMENT of Assistant United States Attorney Nikhel S. Sus on behalf of defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Assistant United States Attorney Lynn Y Lee terminated. (Attorney Nikhel Sus added to party Center for Medicare and Medicaid Services(pty:dft), Attorney Nikhel Sus added to party Sylvia Mathews Burwell(pty:dft), Attorney Nikhel Sus added to party United States Department of Health and Human Services(pty:dft))(Sus, Nikhel) |
| Filing 109 DESIGNATION of Record on Appeal by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services re #105 (Lee, Lynn) |
| Filing 108 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56528 assigned to Notice of Appeal to 9th Circuit Court of Appeals #106 as to Plaintiff California Insurance Guarantee Association. (lom) |
| Filing 107 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56526 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #105 as to Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (lom) |
| Filing 106 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff California Insurance Guarantee Association. Appeal of Judgment,, #104 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20629644.) (Young, Julie) |
| Filing 105 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Appeal of Judgment,, #104 . (Appeal Fee - Not Required for US Goverment.) (Lee, Lynn) |
| Filing 104 JUDGMENT by Judge Otis D. Wright, II: 1. The September 26, 2017 trial date is vacated. 2. Judgment is entered pursuant to the terms set forth in the followingOrders of the Court: A. November 3, 2015 Order Granting In Part And Denying In Part Defendants Motion to Dismiss Amended Complaint, ECF No. 38. B. March 16, 2016 Order Granting Defendants Motion to Dismiss, ECF No. 50. C. January 5, 2017 Order on Motion to Dismiss and Motion for Summary Judgment, ECF No. 94. D. May 3, 2017 Order Re: Plaintiffs Entitlement to Relief, ECF No.100. 3. The parties explicitly and unequivocally reserve their rights to appealthis judgment before the United States Court of Appeals for the Ninth Circuit.(MD JS-6, Case Terminated). (lc) |
| Filing 103 Joint STIPULATION to Vacate trial filed by defendants Center for Medicare and Medicaid Services, United States Department of Health and Human Services. (Attachments: #1 Proposed Order of Judgment)(Lee, Lynn) |
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Filing 102
ORDER CONTINUING TRIAL DATE AND PRE-TRIAL DEADLINES by Judge Otis D. Wright, II, re Stipulation to Continue #101 . Trial set for 9/26/2017 at 9:00 AM and Final Pretrial Conference set for 8/28/2017 at 1:30 PM before Judge Otis D. Wright II. See document for details. (smo)
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| Filing 101 Joint STIPULATION to Continue Trial Date from 09/12/17 to 09/26/17 filed by defendants Center for Medicare and Medicaid Services, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
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Filing 100
ORDER re: Plaintiff's Entitlement to Relief by Judge Otis D. Wright, II. Because the Court declined to provide the full injunctive and declaratory relief requested based at least in part on an insufficient factual record, it is appropriate for the Court to conduct a bench trial to more fully develop those issues and thus potentially award CIGA all of the relief it seeks. The Court shall enter (1) an order vacating and setting aside the disputed portions of three reimbursement demands at issue in this lawsuit and (2) a judicial declaration that CMSs interpretation of the MSP is unlawful with respect to reimbursement of conditional payments. The Court declines to issue further declaratory relief or an injunction at this time (Bench Trial set for 9/12/2017 at 09:00 AM and Final Pretrial Conference set for 8/21/2017 at 1:30 AM before Judge Otis D. Wright II). See document for details. (smo)
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| Filing 99 REPLY filed by Plaintiff California Insurance Guarantee Association to Brief (non-motion non-appeal) #97 (Attachments: #1 Exhibit 1 - Hearing Transcript, #2 Declaration of Moe Azaran, #3 Exhibit A to Declaration of Moe Azaran, #4 Exhibit B to Declaration of Moe Azaran, #5 Exhibit C to Declaration of Moe Azaran, #6 Exhibit D to Declaration of Moe Azaran)(Biggins, Kelly) |
| Filing 98 OPPOSITION to Plaintiff's Supplemental Brief re: Relief to be Entered by Court filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Declaration of Suzanne Mattes)(Lee, Lynn) |
| Filing 97 SUPPLEMENTAL BRIEF filed by Plaintiff California Insurance Guarantee Association. RE: RELIEF TO BE ENTERED BY THE COURT (Attachments: #1 Proposed Order)(Biggins, Kelly) |
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Filing 96
ORDER RE: STIPULATION ON PROPOSED SCHEDULE FOR ADJUDICATING ALL REMAININGDISPUTES IN THIS ACTION #95 by Judge Otis D. Wright, II: A. CIGA will submit an opening brief on February 21, 2017 proposing what relief it believes the Court should enter; B. Defendants will submit a response on March 17, 2017;C. CIGA will submit a reply on March 31, 2017; and D. As the Court deems necessary, a hearing will take place at a date and time to be set by the Court.2. The Court will continue to suspend the pretrial deadlines and trialdate, to be rescheduled as necessary after the Court issues its ruling following the supplemental briefing. (lc)
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| Filing 95 STIPULATION for Order for Proposed Schedule for Adjudicating All Remaining Disputes in This Action filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Proposed Order)(Biggins, Kelly) |
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Filing 94
ORDER ON MOTION TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT #63 , #68 ,[ 87] by Judge Otis D. Wright, II: The Court DENIES Defendants Motion to Dismiss (ECF No. 87), DENIES Defendants Motion for Summary Judgment (ECF No. 63), and GRANTS CIGAs Motion for Partial Summary Judgment (ECF No. 68). The Court VACATES all future dates and deadlines in this action, including the trial date. Within two weeks of the date of this order, the parties should submit a proposed schedule for adjudicating all remaining disputes in this action. Alternatively, if no further disputes remain, the parties should submit a proposed judgment to the Court. (lc). Modified on 1/5/2017. (lc).
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Filing 93
ORDER CONTINUING TRIAL DATE AND PRETRIAL DEADLINES #92 by Judge Otis D. Wright, II: Trial: May 9, 2017 9:00 AM; File Final Trial Exhibit Stipulation: May 4, 2017; Hearing on Motions in Limine: May 1, 2017 1:30 PM; Final Pretrial Conference: April 17, 2017 1:30 PM; Motions in Limine to be Filed: April 17, 2017; Lodge Pretrial Conference Order & Pretrial Exhibit Stipulation; File Trial briefs; File Contentions of Fact & Law; Exhibit & Witness Lists; File Status Report Regarding Settlement: April 10, 2017. (lc)
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| Filing 92 Joint STIPULATION to Continue Trial date from 3/7/17 to 5/9/17 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 91 NOTICE TO PARTIES by District Judge Otis D. Wright. Effective November 7, 2016, Judge Wright will be located at the 1st Street Courthouse, COURTROOM 5D on the 5th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 5D 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 90 The hearing on the MOTION TO DISMISS #87 , scheduled for November 7, 2016 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 89 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case as Moot #87 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Declaration of Ian Fraser)(Lee, Lynn) |
| Filing 88 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case as Moot #87 filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Exhibit 1)(Biggins, Kelly) |
| Filing 87 NOTICE OF MOTION AND MOTION to Dismiss Case as Moot filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Motion set for hearing on 11/7/2016 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Ian Fraser, #2 Proposed Order) (Lee, Lynn) |
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Filing 86
ORDER RE: STIPULATION TO RESET HEARING DATE, SUSPEND ALL PRETRIAL DEADLINES, AND CONTINUE TRIAL DATE #85 by Judge Otis D. Wright, II: Defendants motion to dismiss shall be noticed for hearing on November 7, 2016, at 1:30p.m. Briefing shall be as follows: (a) Defendants must file their motion to dismiss by September 12, 2016.(b) Plaintiff must file its opposition by October 3, 2016, and (c) Defendants must file their reply by October 17, 2016. Court CONTINUES the following pretrial dates and deadlines: Trial at 3/7/17 9:00a.m.;File Final Trial Exhibit Stipulation 3/2/17; Hearing on Motions in Limine 2/27/17 at 1:30 p.m.; Final Pretrial Conference 2/13/17 at 1:30 p.m.;Motions in Limine to be Filed 2/13/17; Lodge Pretrial Conference Order and Pretrial Exhibit Stipulation, File Trial briefs; File Contentions of Fact and Law, Exhibit and Witness Lists, File Status Report Regarding Settlement 2/6/17; Last Date to Conduct Settlement Conference 2/6/17. (lc) Modified on 9/1/2016 (lc).
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| Filing 85 Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from October 17, 2016 to November 7, 2016, Suspend all Pretrial Deadlines, and Continue Trial Date filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Proposed Order)(Biggins, Kelly) |
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Filing 84
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: After considering the requests and arguments made by the parties in their joint report (ECF No. 83), the Court ORDERS as follows: (1) The Court GRANTS Defendants leave to file a motion to dismiss based on mootness. See AMFAC Mortgage Corp. v. Arizona Mall of Tempe, Inc., 583 F.2d 426, 430 (9th Cir. 1978) (defense of lack of subject matter jurisdiction may be asserted at any time). Defendants shall set their Motion to Dismiss for hearing on October 17, 2016. Oppositions and replies are due pursuant to the Local Rules. (2) The parties should address the following issues in briefing the Motion, in addition to any other issues that they find pertinent: (SEE DOCUMENT FOR SPECIFIC ISSUES ).(3) The Court shall delay issuing a ruling on the pending summary judgment motions until the mootness issue is resolved. Steel Co. v. Citizens for a Better Envt, 523 U.S. 83, 94 (1998) (court cannot reach the merits before determining that it has subject matter jurisdiction over the action). (lc)
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| Filing 83 JOINT REPORT of the status of settlement, as directed by the Courts August 2, 2016 Order filed by Plaintiff California Insurance Guarantee Association. (Biggins, Kelly) |
| Filing 82 NOTICE OF FILING TRANSCRIPT filed for proceedings 08/01/16 1:30 p.m. re Transcript #81 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY |
| Filing 81 TRANSCRIPT for proceedings held on 08/01/16 1:30 p.m.. Court Reporter: Terri A. Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/1/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/9/2016. (Hourigan, Terri) |
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Filing 80
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II. Pursuant the Court's discussion with counsel at the hearing on the parties' summary judgment motions, the parties must file a joint report no later than August 29, 2016, regarding the status of settlement. Unless the parties request otherwise, the Court intends to issue a ruling on the summary judgment motions shortly thereafter. (lom)
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| Filing 79 MINUTES OF MOTION for Partial Summary Judgment #63 #68 Hearing held before Judge Otis D. Wright, II. Case called, appearances made. The Court and counsel confer re the case and the Court hears oral argument as stated on the record. The Court advises counsel to go back to mediation. The matter is submitted. An order will issue. Court Reporter: Terri Hourigan. (lom) |
| Filing 78 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Response to Plaintiff's Statement of Additional Material Issues of Fact)(Lee, Lynn) |
| Filing 77 REPLY In Support of NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Claims For Relief #68 filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Plaintiff's Supplemental Statement of Uncontroverted Facts, #2 Declaration of Julie L. Young, #3 Declaration of Moe Azaran)(Biggins, Kelly) |
| Filing 76 OPPOSITION to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Claims For Relief #68 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Statement of Genuine Issues of Material Fact)(Lee, Lynn) |
| Filing 75 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Plaintiff's Statement of Genuine Disputes, #2 Declaration of Moe Azaran, #3 Declaration of Julie Young, #4 Plaintiff's Evidentiary Objections to the Declaration of Ian Fraser, #5 Proposed Order on Plaintiff's Evidentiary Objections to the Declaration of Ian Fraser, #6 Proposed Order on Plaintiff's Statement of Decision)(Biggins, Kelly) |
| Filing 74 NOTICE OF FILING TRANSCRIPT filed for proceedings MONDAY, SEPTEMBER 14, 2015 10:06 A.M. re Transcript #73 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Nirenberg, C) TEXT ONLY ENTRY |
| Filing 73 TRANSCRIPT for proceedings held on MONDAY, SEPTEMBER 14, 2015 10:06 A.M. Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter: C. NIRENBERG, CONTACT www.msfedreporter.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/27/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/4/2016. (Nirenberg, C) |
| Filing 72 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants Notice (Other) #70 . The following error(s) was found: Incorrect event selected. The correct event is: Errata. 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 71 DECLARATION of Lynn Lee in support of NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lee, Lynn) |
| Filing 70 NOTICE of Errata filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 69 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department o f Health and Human ServicesStatement (Motion related), #67 , Statement (Motion related), #64 . The following error(s) was found: Incorrect event selected. Both of the Proposed statement of uncontroverted facts and Proposed statement of decision should have been submitted as their respective separate pdfs to a main document.In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 68 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Claims For Relief filed by Plaintiff California Insurance Guarantee Association. Motion set for hearing on 8/1/2016 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Statement of Uncontroverted Facts, #2 Appendix of Evidence, #3 Tab 1 to Appendix of Evidence, #4 Tab 2 to Appendix of Evidence, #5 Tab 3 to Appendix of Evidence, #6 Proposed Order) (Biggins, Kelly) |
| Filing 67 STATEMENT of Proposed Decision NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 66 DECLARATION of Lynn Lee in support of NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Lee, Lynn) |
| Filing 65 DECLARATION of Ian Fraser in support of NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lee, Lynn) |
| Filing 64 STATEMENT of Uncontroverted Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment #63 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 63 NOTICE OF MOTION AND MOTION for Summary Judgment filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Motion set for hearing on 8/1/2016 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order) (Lee, Lynn) |
| Filing 62 TRANSCRIPT ORDER as to Plaintiff California Insurance Guarantee Association for Court Reporter. Court will contact Melissa Popham at mlpopham@lockelord.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Biggins, Kelly) |
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Filing 61
ORDER DENYING PLAINTIFFS MOTION FOR LEAVE TO AMEND #55 by Judge Otis D. Wright, II. (lc) Modified on 6/14/2016 (lc).
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| Filing 60 The hearing on the above-referenced MOTION for Leave #55 , scheduled for June 13, 2016 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 59 REPLY in support of NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint and Amend Scheduling Order #55 filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Declaration of Julie Young)(Biggins, Kelly) |
| Filing 58 OPPOSITION to NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint and Amend Scheduling Order #55 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Exhibit A)(Lee, Lynn) |
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Filing 57
ORDER CONTINUING TRIAL DATE #56 by Judge Otis D. Wright, II: theCourt hereby continues the trial date and related dates as follows:Trial at 9:00 a.m. - 12/6/16. Hearing on Motions in Limine at 1:30 p.m. - 11/28/16. Final Pretrial Conference at 1:30 p.m. - 11/14/16. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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| Filing 56 STIPULATION to Continue Trial Date from 10/4/2016 to 12/5/2016 filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Proposed Order Proposed Order)(Young, Julie) |
| Filing 55 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint and Amend Scheduling Order filed by Plaintiff California Insurance Guarantee Association. Motion set for hearing on 6/13/2016 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Julie L. Young, #2 Proposed Order) (Biggins, Kelly) |
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Filing 54
ORDER CONTINUING TRIAL DATE AND PRETRIAL DEADLINES #53 by Judge Otis D. Wright, II: Exhibit List due by 9/6/2016; Witness List due by 9/6/2016; Motions in Limine to be filed by 9/12/2016; Proposed Pretrial Order due by 9/6/2016; Status Report due by 9/6/2016; Last date to conduct settlement conference is 7/25/2016; Trial set for 10/4/2016 09:00 AM ; Final Pretrial Conference set for 9/12/2016 01:30 PM; Last day for Hearing Motions 8/1/16. As Plaintiff is moving to amend the complaint long after the deadline set by theCourt, the Court expects the parties to address the propriety of amendment underJohnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992), in their motion papers.(SEE DOCUMENT FOR OTHER SPECIFICS). (lc)
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| Filing 53 Joint STIPULATION to Continue Last Date for Hearing Motions from 06/20/16 to 08/01/16 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 52 ANSWER to Amended Complaint/Petition #40 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services.(Lee, Lynn) |
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Filing 51
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Frederick F. Mumm, ( Settlement Conference set for 5/12/2016 01:30 PM before Magistrate Judge Frederick F. Mumm.) (see attached) (jm)
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Filing 50
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS #41 by Judge Otis D. Wright, II. The Court GRANTS the United States' Motion to Dismiss. The Court dismisses CIGA's claims against the United States to the extent that they are based on the United States failure to file timely proofs of claim under the Guarantee Act or based on the United States' alleged position as an assignee or subrogee of either the insured or the insurer. (lom)
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| Filing 49 The hearing on the MOTION TO DISMISS #41 , scheduled for March 7, 2016 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
| Filing 48 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Part of Action #41 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 47 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Part of Action #41 filed by Plaintiff California Insurance Guarantee Association. (Biggins, Kelly) |
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Filing 46
ORDER/REFERRAL to ADR Procedure No 1 by Judge Otis D. Wright, II: The Court, having considered the parties Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby ORDERS this case referred to: ADR PROCEDURE NO. 1: magistrate judge assigned to the casefor such settlement proceedings as the judge may conduct or direct. For ADR Procedure Nos. 1 and 3, counsel are responsible for contacting the judge or private mediator at the appropriate time to arrange for further proceedings. (vv)
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Filing 45
SCHEDULING AND CASE MANAGEMENT ORDER by Judge Otis D. Wright, II: This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. Bench Trial (Est 5 days): 8/9/2016 at 9:00 AM. Final Pretrial Conference: 7/18/2016 at 1:30 PM. Hearing on Motions in Limine: 8/1/2016 at 1:30 PM. (SEE DOCUMENT FOR FURTHER DETAILS) (vv)
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: The Court, on its own Motion, hereby VACATES all dates and deadlines currently set in this matter that have not already passed, including the trial date and all pre-trial deadlines previously set by the Court (ECF No. 33). However, Judge Morrows prior Order regarding the number of summary judgment motions that may be filed shall remain in effect. (Id.) The Court shall issue a new Scheduling Order with a new trial date and new pre-trial deadlines shortly. (vv)
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| Filing 42 COUNSEL ARE NOTIFIED, the MOTION to Dismiss Part of Action #41 set on March 7, 2016, will be heard before Judge Otis D. Wright, II at 1:30pm. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY |
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Filing 43
ORDER OF THE CHIEF JUDGE (#16-026) approved by Chief Judge George H. King. IT IS ORDERED, with concurrence of the Case Management and Assignment Committee, that this case be reassigned from the calendar of Judge Margaret M. Morrow to the calendar of Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge CV15-01113 ODW (FFMx). (mg)
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| Filing 41 NOTICE OF MOTION AND MOTION to Dismiss Part of Action filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Motion set for hearing on 3/7/2016 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order) (Lee, Lynn) |
| Filing 40 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition, #17 , filed by Plaintiff California Insurance Guarantee Association(Young, Julie) |
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Filing 39
TEXT ONLY ENTRY: (IN CHAMBERS) Order Denying Motion for Leave to File Second Amended Complaint as Moot #37 by Judge Margaret M. Morrow. The scope of leave to amend allowed is delineated in the court's order of November 3, 2015. If plaintiff seeks to plead new claims, it may file an appropriate motion to amend. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ah) TEXT ONLY ENTRY
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Filing 38
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AMENDED COMPLAINT #24 by Judge Margaret M. Morrow: The court grants in part and denies in part the motion to dismiss with leave to amend. CIGA may file an amended complaint within twenty (20) days of the date of this order. (ah)
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| Filing 37 NOTICE OF MOTION AND MOTION to File Second Amended Complaint filed by Plaintiff California Insurance Guarantee Association. Motion set for hearing on 2/1/2016 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Exhibit A, #2 Proposed Order) (Biggins, Kelly) |
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Filing 36
PROTECTIVE ORDER by Magistrate Judge Frederick F. Mumm re Stipulation for Protective Order #34 : NOTE CHANGES MADE BY THE COURT: (see attached) (jm)
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| Filing 35 NOTICE re: Initial Disclosures by the Parties Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 34 Joint STIPULATION for Protective Order filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 33 MINUTES OF Defendant's Motion to Dismiss and Scheduling Conference taking under submission #24 MOTION to Dismiss Case held before Judge Margaret M. Morrow: The Court confers with counsel and takes the Motion to Dismiss under submission. The parties are directed to mediate before Magistrate Judge Mumm. The parties are ordered to contact his courtroom Deputy clerk. See Order/Referral to ADR Program. After conferring with counsel, the Court schedules the following dates: Initial Disclosures: 9/28/2015; Deadline to file motions/stipulations seeking amendment of pleadings: 10/13/2015; Further telephone status conference: 2/24/2016 at 5:00 pm; Fact discovery cut-off: 3/18/2016; Initial expert disclosures: 4/1/2016; Rebuttal expert disclosures: 4/15/2016; Expert discovery cut-off: 4/29/2016 (All discovery motions are to be filed sufficiently in advance of the discovery cut-off date that theymay be heard on or before that date); Settlement completion deadline: 5/20/2016; Motions hearing cut-off: 6/6/2016 at 10:00 am; Final Pretrial Conference: 7/11/2016 at 9:00 am (Including motions in limine); Jury Trial: 8/9/2016 at 8:30 am. (see document for further details) Court Reporter: C. Nirenberg. (bm) |
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Filing 32
ORDER/REFERRAL to ADR Procedure No 1 by Judge Margaret M. Morrow. Case ordered to Magistrate Judge Mumm for Settlement Conference. ADR Proceeding to be held no later than May 20, 2015. (dgon)
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| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff California Insurance Guarantee Association.. (Biggins, Kelly) |
| Filing 30 REPLY in Support of MOTION to Dismiss Case #24 filed by Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Lee, Lynn) |
| Filing 29 OPPOSITION to MOTION to Dismiss Case #24 filed by Plaintiff California Insurance Guarantee Association. (Young, Julie) |
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Filing 28
DENIED BY ORDER OF THE COURT - RE ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS #27 ORDER by Judge Margaret M. Morrow. (lom)
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| Filing 27 Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from Sept. 14, 2015 to Nov. 23, 2015 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 26 TEXT ENTRY ONLY (IN CHAMBERS) ORDER by Margaret M. Morrow On June 19, 2015, defendants filed a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6). Plaintiff is hereby ordered to file opposition to the motion to dismiss on or before August 17, 2015. Defendant may file a reply on or before August 24, 2015. The hearing noticed for September 14, 2015 at 10:00 am remains unchanged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ab) TEXT ONLY ENTRY |
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Filing 25
ORDER SETTING SCHEDULING CONFERENCE by Judge Margaret M. Morrow. Rule 26 Meeting Report due by 9/4/2015. Scheduling Conference set for 9/14/2015 at 09:00 AM before Judge Margaret M. Morrow. (ah)
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| Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. Motion set for hearing on 9/14/2015 at 10:00 AM before Judge Margaret M. Morrow. (Attachments: #1 Proposed Order)(Lee, Lynn) |
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Filing 23
STIPULATION AND ORDER Extending Time for Defendants' to Respond to Amended Complaint by Judge Margaret M. Morrow: re Stipulation to Extend Time to Answer #22 . Defendants' responses are due 06/19/2015. (ah)
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| Filing 22 Second STIPULATION for Extension of Time to File Answer to 06/19/2015 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
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Filing 21
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS' RESPONSE TO AMENDED COMPLAINT by Judge Margaret M. Morrow: re Stipulation to Extend Time to Answer (More than 30 days), #19 . Defendants' response due 05/29/2015. (ah)
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| Filing 20 PROOF OF SERVICE Executed by Plaintiff California Insurance Guarantee Association, upon Defendant Center for Medicare and Medicaid Services served on 3/18/2015, answer due 5/17/2015; Sylvia Mathews Burwell served on 3/18/2015, answer due 5/17/2015; United States Department of Health and Human Services served on 3/18/2015, answer due 5/17/2015. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles, Clerk, Authorized to Accept Service. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: #1 Proof of Service U.S. Department of Health & Human Services, #2 Proof of Service Center for Medicare & Medicaid Services, #3 Declaration of Melissa Popham)(Biggins, Kelly) |
| Filing 19 First STIPULATION for Extension of Time to File Answer to 05/29/15 filed by defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (Attachments: #1 Proposed Order)(Lee, Lynn) |
| Filing 18 NOTICE of Appearance filed by attorney Lynn Y Lee on behalf of Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services (Attorney Lynn Y Lee added to party Center for Medicare and Medicaid Services(pty:dft), Attorney Lynn Y Lee added to party Sylvia Mathews Burwell(pty:dft), Attorney Lynn Y Lee added to party United States Department of Health and Human Services(pty:dft))(Lee, Lynn) |
| Filing 17 FIRST AMENDED COMPLAINT against Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services amending Complaint (Attorney Civil Case Opening), #2 , filed by Plaintiff California Insurance Guarantee Association (Biggins, Kelly) |
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Filing 16
ORDER by Judge Margaret M. Morrow: granting #13 Application to Appear Pro Hac Vice by Attorney Steven T. Whitmer on behalf of Plaintff, designating Kelly S. Biggins as local counsel. (lt)
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Filing 15
ORDER by Judge Margaret M. Morrow: granting #14 Application to Appear Pro Hac Vice by Attorney Julie L. Young on behalf of Plaintiff, designating Kelly S. Biggins as local counsel. (lt)
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| Filing 14 APPLICATION for attorney Julie L. Young to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15336152 paid.) filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Proposed Order)(Biggins, Kelly) |
| Filing 13 APPLICATION for attorney Steven T. Whitmer to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-15336104 paid.) filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Proposed Order)(Biggins, Kelly) |
| Filing 12 PROOF OF SERVICE Executed by Plaintiff California Insurance Guarantee Association, upon Defendant Center for Medicare and Medicaid Services served on 2/25/2015, answer due 4/26/2015; Sylvia Mathews Burwell served on 2/25/2015, answer due 4/26/2015; United States Department of Health and Human Services served on 2/25/2015, answer due 4/26/2015. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles, Clerk, Authorized to Accept Service. Service was executed in compliance with statute not specified. Due diligence declaration attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Attachments: #1 Proof of Service U.S. Department of Health & Human Services, #2 Proof of Service Centers for Medicare & Medicaid Services, #3 Declaration of Melissa Popham)(Biggins, Kelly) |
| Filing 11 NOTICE of Related Case(s) filed by Plaintiff California Insurance Guarantee Association. (Attachments: #1 Certificate of Service)(Biggins, Kelly) |
| Filing 10 TEXT ONLY ENTRY: Judge Margaret M. Morrow 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 MMM_chambers@cacd.uscourts.gov. 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. (ah) TEXT ONLY ENTRY |
| Filing 9 Notice of Appearance or Withdrawal of Counsel: for attorney Karen R Palmersheim counsel for Plaintiff California Insurance Guarantee Association. Karen R. Palmersheim is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff California Insurance Guarantee Association. (Palmersheim, Karen) |
| Filing 8 21 DAY Summons Issued re Complaint #2 as to Defendants Center for Medicare and Medicaid Services, Sylvia Mathews Burwell, United States Department of Health and Human Services. (bm) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #2 filed by Plaintiff California Insurance Guarantee Association. (Biggins, Kelly) |
| Filing 6 NOTICE of Appearance filed by attorney Kelly S Biggins on behalf of Plaintiff California Insurance Guarantee Association (Attorney Kelly S Biggins added to party California Insurance Guarantee Association(pty:pla))(Biggins, Kelly) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Margaret M. Morrow and Magistrate Judge Frederick F. Mumm. (ghap) |
| Filing 3 Notice and CERTIFICATE of Interested Parties filed by California Insurance Guarantee Association California Insurance Guarantee Association, (Chan, Phillip) |
| Filing 2 COMPLAINT Receipt No: 0973-15220270 - Fee: $400, filed by California Insurance Guarantee Association California Insurance Guarantee Association. (Attorney Phillip Chan added to party California Insurance Guarantee Association(pty:pla))(Chan, Phillip) |
| Filing 1 CIVIL COVER SHEET filed by Plaintiff California Insurance Guarantee Association. (Chan, Phillip) |
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| Search for this case: California Insurance Guarantee Association v. Sylvia Mathews Burwell et al | |
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| Defendant: Sylvia Mathews Burwell | |
| Represented By: | James Bickford |
| Represented By: | Lynn Y Lee |
| Represented By: | Nikhel Sus |
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| Defendant: United States Department of Health and Human Services | |
| Represented By: | James Bickford |
| Represented By: | Lynn Y Lee |
| Represented By: | Nikhel Sus |
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| Defendant: Center for Medicare and Medicaid Services | |
| Represented By: | James Bickford |
| Represented By: | Lynn Y Lee |
| Represented By: | Nikhel Sus |
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| Plaintiff: California Insurance Guarantee Association | |
| Represented By: | Karen R Palmersheim |
| Represented By: | Julie L Young |
| Represented By: | Phillip Chan |
| Represented By: | Steven T Whitmer |
| Represented By: | Kelly S Biggins |
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