Target Corporation v. Wolters Kluwer Health Inc et al
| Target Corporation |
| Wolters Kluwer Health Inc and Does 1 through 20 |
| 2:2015cv06350 |
| August 20, 2015 |
| US District Court for the Central District of California |
| Andre Birotte |
| Frederick F Mumm |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| None |
Docket Report
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This docket was last retrieved on December 29, 2015. A more recent docket listing may be available from PACER.
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| Filing 35 JUDGMENT by Judge Andre Birotte Jr.: It is HEREBY ORDERED that the action filed by Plaintiff Target Corporation ("Target") is DISMISSED and that a final judgment be entered in Wolters Kluwer Health, Inc.'s favor. Because the Court holds that this action is barred by Target's failure to exhaust the contractual preconditions to suit set forth in the Target Technology Services Software License and Data Use Agreement, the Court does not reach the merits of Target's substantive claims relating to the Hyoung litigation. Accordingly, this Judgment shall have no preclusive effect with respect to the merits of those claims in any future action between the parties. (MD JS-6, Case Terminated). (gk) |
| Filing 34 NOTICE OF LODGING filed re Order on Motion for Summary Judgment,,,, #33 (Attachments: #1 (Proposed Judgment))(Lee, Kenneth) |
Filing 33
MINUTES (IN CHAMBERS) Order GRANTING Defendant's Motion for Summary Judgment (Converted from a Motion to Dismiss) by Judge Andre Birotte Jr.: Having determined that Target failed to exhaust the contractual preconditions to suit under Section 10, the Court GRANTS Defendant Wolters Kluwer Health, Inc.'s ("WKH") Motion for Summary Judgment #12 and DISMISSES Target's action in order for the parties to complete their dispute resolution procedures. If the dispute resolution process does not result in a resolution of Target's claims, Target is free to re-initiate litigation, and now being familiar with the underlying claims, this Court would be receptive to the filing of a notice of related case regarding this matter. WKH shall file and lodge a proposed judgment within ten days of the issuance of this Order. The Proposed Judgment should indicate that this Order has no res judicata effect on the merits of Target's substantive claims. Court Reporter: N/A. (gk)
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| Filing 32 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant's Motion for Summary Judgment #12 . The Courtroom Deputy Clerk distributes the Court's tentative ruling prior to the case being called. The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) |
| Filing 31 SUPPLEMENT to for Summary Judgment #12 (Defendant's Supplemental Brief) filed by Defendant Wolters Kluwer Health Inc. (Lee, Kenneth) |
| Filing 30 SUPPLEMENT to for Summary Judgment #12 Opposition filed by Plaintiff Target Corporation. (Attachments: #1 Declaration of Farley J. Neuman, #2 Declaration of Erin Oglesbay)(Bonheyo, Patricia) |
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Filing 29
MINUTE IN CHAMBERS ORDER CONVERTING DEFENDANT'S MOTION TO DISMISS INTO A MOTION FOR SUMMARY JUDGMENT #12 AND SETTING A BRIEFING SCHEDULE by Judge Andre Birotte Jr: The Parties shall each submit supplemental briefing withaccompanying exhibits (to the extent such exhibits have not already been presented in the underlying briefs). Target is to submit its supplemental briefing by no later than November 23, 2015 and WKH is to submit a responsive supplemental brief by no later than November 30, 2015. The supplemental briefing must be pertinent to WKHs underlying Motion and is not to exceed ten (10) pages. The Court hereby RESETS the hearing date from Monday, November 9, 2015 to Monday, December 14, 2015, at 10:00 a.m. The Parties scheduling conference is hereby VACATED and will be rescheduled following the resolution of this Motion. (shb)
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Filing 28
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr: granting #26 APPLICATION to Appear Pro Hac Vice by Attorney Matt D. Basil on behalf of Defendant Wolters Kluwer Health, Inc., designating Kenneth K. Lee as local counsel. (lt)
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| Filing 27 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 10-15 days, filed by Plaintiff Target Corporation.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bonheyo, Patricia) |
| Filing 26 APPLICATION for attorney Matt D. Basil to Appear Pro Hac Vice (PHV Fee of $325 receipt number 0973-16627520 paid.) filed by Defendant Wolters Kluwer Health Inc. Application set for hearing on 10/26/2015 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Affidavit Certificate of Good Standing, #2 Proposed Order) (Lee, Kenneth) |
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Filing 25
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr re Scheduling Conference #13 . The Court, on its own motion, hereby CONTINUES the Scheduling Conference from November 2, 2015 to Monday, November 9, 2015 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 24
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr re MOTION to Dismiss Case #12 . The Court, on its own motion, hereby CONTINUES the motion hearing date from October 26,2015 to Monday, November 9, 2015 at 10:00 am AM before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 23 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Defendant Wolters Kluwer Health Inc. (Lee, Kenneth) |
| Filing 22 OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Target Corporation. (Attachments: #1 Declaration of Farley J. Neuman, #2 Exhibit Disclosure Statement, #3 Exhibit Certification of Interested Parties)(Bonheyo, Patricia) |
| Filing 21 OPPOSITION re: APPLICATION for Order for To File Under Seal In Support of Motion to Dismiss #11 filed by Plaintiff Target Corporation. (Bonheyo, Patricia) |
| Filing 20 SEALED DOCUMENT - EXHIBIT A in Support of Defendant's Motion to Dismiss. (gk) |
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Filing 19
ORDER TO FILE UNDER SEAL EXHIBIT A SUBMITTED IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS by Judge Andre Birotte, Jr.: IT IS HEREBY ORDERED that the Application by Wolters Kluwer Health to File Under Seal #11 is GRANTED. The Target Technology Services Software License and Data Use Agreement submitted as Exhibit A in support of Wolters Kluwer Health, Inc.'s Motion to Dismiss is to be filed under seal pursuant to Local Rule 79-5.1. (gk)
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Filing 18
ORDER GRANTING JOINT STIPULATION TO CONTINUE WOLTERS KLUWER HEALTH'S MOTION TO DISMISS by Judge Andre Birotte, Jr.: Upon Stipulation #16 , the hearing on Defendant Wolters Kluwer Health, Inc.'s ("WKH") Motion to Dismiss #12 and Application to File Under Seal Exhibit A to Defendant's Motion to Dismiss #11 are continued to 10/26/2015 at 10:00 AM before Judge Andre Birotte, Jr. It is further ordered that Target's opposition to WKH's motion to dismiss and application to file under seal shall eb filed and served on or before 9/21/2015. WKHs reply papers in support of its motion to dismiss shall be filed and served on or before 10/5/2015. (gk)
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| Filing 17 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Stipulation to Continue #14 by Judge Andre Birotte Jr. The document is stricken. (cb) |
| Filing 16 STIPULATION to Continue Wolters Kluwer Health's Motion to Dismiss from 09/28/15 to 10/19/15 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Target Corporation. (Attachments: #1 Proposed Order)(Rosati, Pavan) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Stipulation to Continue Wolters Kluwer Health's Motion to Dismiss filed 9/8/2015 #14 . The following error(s) was found: Proposed order not submitted pursuant to Local Rule 52-4.1. 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 14 [STRICKEN] Joint STIPULATION to Continue Wolters Kluwer Health's Motion to Dismiss from 09/28/15 to 10/19/15 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #12 filed by Plaintiff Target Corporation.(Attorney Pavan L Rosati added to party Target Corporation(pty:pla))(Rosati, Pavan) Modified on 9/8/2015 (cb). |
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/2/2015 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case Converted to Motion for Summary Judgment filed by Defendant Wolters Kluwer Health Inc. Motion set for hearing on 9/28/2015 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order, #2 Exhibit A (Filed Under Seal), #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Lee, Kenneth) Modified on 11/6/2015 (shb). |
| Filing 11 APPLICATION for Order for To File Under Seal In Support of Motion to Dismiss filed by Defendant Wolters Kluwer Health Inc. Application set for hearing on 9/28/2015 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Proposed Order, #2 Affidavit) (Lee, Kenneth) |
| Filing 10 OF SERVICE filed by Defendant Wolters Kluwer Health Inc, re Notice of Removal (Attorney Civil Case Opening), #1 served on Notice to Superior Court of Removal to Federal Court; Notice to Adverse Party of Removal to Federal Court. (Lee, Kenneth) |
| Filing 9 TEXT ONLY ENTRY: Judge Andre Birotte Jr. 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 AB_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. (cb) |
| Filing 8 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Matt D Basil for Defendant Wolters Kluwer Health Inc. re Notice of Removal (Attorney Civil Case Opening) #1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) |
| Filing 7 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Craig C Martin for Defendant Wolters Kluwer Health Inc. re Notice of Removal (Attorney Civil Case Opening) #1 . Pro Hac Vice application has not been received by the court. Please return your completed Application of Non-Resident Attorney to Appear in a Specific Case, form G-64, or a copy of the Notice of Electronic Filing of your application and the $325.00 fee and this notice immediately. Out-of-state federal government attorneys who are not employed by the U.S. Department of Justice are required to file a Pro Hac Vice application;no filing fee is required. You have been removed as counsel of record from this case for failure to submit this filing fee. (et) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte, Jr. and Magistrate Judge Frederick F. Mumm. (et) |
| Filing 4 OF SERVICE filed by Defendant Wolters Kluwer Health Inc, re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 served on 08/20/2015. (Lee, Kenneth) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Wolters Kluwer Health Inc, identifying Various Corporate Entities (See Attached Document). (Lee, Kenneth) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Wolters Kluwer Health Inc. (Lee, Kenneth) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number NC060181 Receipt No: 0973-16301038 - Fee: $400, filed by Defendant Wolters Kluwer Health Inc. (Attachments: #1 Declaration of Kenneth K. Lee, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Attorney Kenneth K Lee added to party Wolters Kluwer Health Inc(pty:dft))(Lee, Kenneth) |
| CONFORMED FILED COPY OF COMPLAINT against Defendants Wolters Kluwer Health Inc., Does 1 through 20., filed by Plaintiff Target Corporation. [FILED IN STATE COURT ON 7/22/2015 SUBMITTED ATTACHED TO EXHIBIT B TO NOTICE OF REMOVAL.] (et) |
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