Pediatric and Family Medical Foundation et al v. United States Department of Health and Human Services et al
| Pediatric and Family Medical Foundation, Pediatric and Family Medical Foundation doing business as Eisner Pediatric and Family Medical Center, Ian Brent Tilley, M.D., Ruth Mielke and Mary Elizabeth Claassen |
| United States Department of Health and Human Services, United States Department of Health and Human Services, -, Norris Cochran, DOES 1 through 30, inclusive, Jeff Sessions and Alex Azar |
| 2:2017cv00732 |
| January 30, 2017 |
| US District Court for the Central District of California |
| Fernando L Aenlle-Rocha |
| S James Otero |
| Alka Sagar |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
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Filing 147
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER VACATING THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES' JULY 2015 DECISION AND REMANDING ACTION On July 1, 2022, the parties filed a Joint Status Report, stating "[t]he sole remaining issue is whether the Court should vacate the July 2015 decision when remanding it to the agency or order remand while leaving that decision in place". In its written decision, the Ninth Circuit held that the July 2015 letter was insufficient to support the HHS decision under the APA. Accordingly, the court VACATES the HHS' decision in the July 2015 letter. The parties' request for additional briefing is DENIED. The court REMANDS the action and the determination of whether CHMC qualifies as a health service site within Plaintiff's scope of project to the HHS for further proceedings consistent with the Ninth Circuit and this courts orders. (Made JS-6. Case Terminated.) (lc)
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| Filing 146 STATUS REPORT (Correction) filed by Defendant Alex Azar. (Patil, Chetan) |
| Filing 145 STATUS REPORT (Joint) filed by Plaintiff Pediatric and Family Medical Foundation. (Freedus, Matthew) |
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Filing 144
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: On May 31, 2022, the parties filed the Fourth Joint Status Report, in which they requested leaveto file a further joint status report apprising the court of the status of remaining disputes, if any, on or before July 11, 2022 #143 . Seven months have passed since the court first ordered the parties to identify what disputes remain, if any. The parties, however, have not identified any issues that remain in dispute and have stated only that they have been engaged in meet and confer efforts in an attempt to resolve the remaining issues in dispute without the court's intervention. Accordingly, the court DENIES the parties' fourth request for additional time to identify the remaining issues in dispute. In light of the Ninth Circuits Mandate, the court GRANTS summary judgment in Plaintiff's favor and against Defendant on Plaintiffs claim that Defendants July 30, 2015 letter, which removed the high-risk prenatal care, prenatal care, and family planning services provided at California Hospital Medical Center from the scope of Plaintiffs grant under Section 330 of the Public Health Service Act (42 U.S.C. 254b, "Section 330"), was insufficient to satisfy the requirements of the Administrative Procedure Act ("APA"), 5 U.S.C. 706(2)(A), such that the removal was arbitrary and capricious. See Dkt. 130 at 3-5. Judge Otero's March 10, 2020 Order granting partial summary judgment in Defendant's favor (Dkts. 124, 125) otherwise remains unchanged. The parties are ORDERED to file a final joint statement on or before July 1, 2022, identifying what issues, if any, remain to be decided by this court by motion or at bench trial. Failure to submit a joint statement timely or to identify any remaining issues may be deemed a concession that no disputed issues remain and that judgment may be entered based on Judge Otero's March 10, 2020 Order, as modified by the Ninth Circuit. (lc)
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| Filing 143 STATUS REPORT (Joint) filed by Defendant Alex Azar. (Patil, Chetan) |
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Filing 142
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: Having considered the parties' Joint Status Report filed April 25, 2022, the court ORDERS the parties to submit a further joint status report on or before May 31, 2022, regarding the status of the action and the parties remaining disputes. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 141 STATUS REPORT (Joint) filed by Defendant Alex Azar. (Patil, Chetan) |
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Filing 140
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: Having received and reviewed the parties' February 16, 2022 joint status report, (Dkt. #139 ), the court ORDERS the parties to submit a further joint status report by April 25, 2022, apprising the court of the status of remaining disputes, if any, and the parties' availability and readiness for trial in June or July 2022. The further joint status report must include sufficient information regarding the dates of the parties' communications to demonstrate diligence. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf) TEXT ONLY ENTRY
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| Filing 139 STATUS REPORT (Joint) filed by Defendant Alex Azar. (Patil, Chetan) |
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Filing 138
MINUTE ORDER IN CHAMBERS by Judge Fernando L. Aenlle-Rocha: ORDER REOPENING CASE. The Ninth Circuit issued its mandate on October 25, 2021 #132 . The action was reassigned to this court on November 1, 2021 #134 . Accordingly, the court REOPENS the action for further proceedings consistent with the Ninth Circuits Order. (Case reopened. MD JS-5.) (lc)
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Filing 137
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On November 2, 2021, the court ordered the parties to meet and confer and submit a joint statement by November 16, 2021, regarding the status of the action and what issues remain for trial, if any. (Dkt. 135 ). The parties filed a joint status report, stating they have agreed to engage in settlement negotiations in an attempt to resolve the action informally. Dkt. 136 at 2. The parties request the court order them to submit a further joint status report by February 16, 2022, apprising the court of the status of remaining disputes, if any. Id. Having reviewed the parties' joint status report, the court GRANTS the request and ORDERS the parties to submit a further joint status report by February 16, 2022. If any issues remain for trial, the parties should state in the joint status report their availability and readiness for trial in May or June 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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| Filing 136 STATUS REPORT (Joint) filed by Defendant Alex Azar. (Patil, Chetan) |
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Filing 135
(IN CHAMBERS) ORDER by Judge Fernando L. Aenlle-Rocha: On August 31, 2021, the Ninth Circuit issued its order regarding the appeal in this matter, affirming in part and reversing in part Judge James S. Otero's Order denying Plaintiff's Motion for Summary Judgment and granting Defendant's Motion for Summary Judgment. Dkts. 130, 131. On October 25, 2021, the judgment of the court took effect, pursuant to the mandate of the Ninth Circuit. (Dkt. #132 ). The action was transferred to this court on November 1, 2021. (Dkt. #133 ). Accordingly, the court ORDERS the parties to meet and confer and submit a joint statement by November 16, 2021, regarding the status of this action and what issues remain for trial, if any. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tf)
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Filing 134
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Ronald S.W. Lew to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:17-cv-00732-FLA-ASx. (aco)
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| Filing 133 NOTICE OF REASSIGNMENT OF CASE upon Receipt of Mandate filed. This case having been returned on a mandate from the 9th CCA, Affirmed in part, Reversed in part and Remanded the decision of Judge S. James Otero and requiring judicial action, this case has been reassigned to Judge Ronald S.W. Lew for all further proceedings. Case number will now read 2:17-cv-00732-RSWL-ASx. (aco) |
| Filing 132 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #126 , USCA Memorandum/Opinion/Order, #130 , CCA # 20-55517. The judgment of this Court, entered August 31, 2021, 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. Costs are taxed against the appellees in the amount of $172.90. (car) |
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Filing 131
ORDER from Ninth Circuit Court of Appeals filed. CCA # 20-55517. At the direction of the Court, costs are awarded to Plaintiff. (shb)
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| Filing 130 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #126 filed by Pediatric and Family Medical Foundation. CCA # 20-55517. the decision of the District Court is AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. (shb) |
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Filing 129
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #126 filed by Pediatric and Family Medical Foundation. CCA # 20-55517. The Circuit Mediator will contact the parties to determine whether theywish to engage in mediation, and if so, shall schedule mediation and provide astatus report to the panel within sixty (60) days following this order. The (9th CCA) Clerk is directed to administratively close this docket, pending further order. (mat)
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| Filing 128 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55517 assigned to Notice of Appeal to 9th Circuit Court of Appeals #126 as to Plaintiff Pediatric and Family Medical Foundation. (lom) |
| Filing 127 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals #126 . (Freedus, Matthew) |
| Filing 126 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Attorney for Plaintiff Pediatric and Family Medical Foundation. Appeal of Judgment, #125 . (Appeal Fee - $505 Fee Paid, Receipt No. ACACDC-26401534.) (Freedus, Matthew) |
| Filing 125 JUDGMENT by Judge S. James Otero : Defendants motion for summary judgment is granted, and, pursuant to Federal Rule of Civil Procedure 58, final judgment is entered in this case. Related to: Order on Motion for Summary Judgment #124 (MD JS-6, Case Terminated). (lc) |
| Filing 124 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT #107 AND GRANTING DEFENDANT'S MOTION FOR SUMMARYJUDGMENT #109 . (lc) |
| Filing 123 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion suitable for disposition without oral argument and vacates the hearing on the MOTION for Summary Judgment as to Plaintiff's claims filed by Defendant Alex Azar. (ECF No. 109), set for hearing on January 13, 2020. No appearance is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 122 APPENDIX filed by Plaintiff Pediatric and Family Medical Foundation. Re: Memorandum in Support of Motion, #107 Corrected (Attachments: #1 Appendix Part 1, #2 Appendix Part 2)(Freedus, Matthew) |
| Filing 121 APPENDIX filed by Plaintiff Pediatric and Family Medical Foundation. Re: Memorandum in Support of Motion, #107 Joint Appendix of Excerpts from the Administrative Record in Support of the Parties Cross Motions for Summary Judgment (Attachments: #1 Appendix)(Freedus, Matthew) |
| Filing 120 REPLY in Support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's claims #109 filed by Defendant Alex Azar. (Patil, Chetan) |
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Filing 119
ORDER GRANTING DEFENDANT'S EX PARTE APPLICATION TO EXCEED PAGE LIMITATION BY ONE PAGE FOR HIS REPLY IN SUPPORT OF HIS MOTION FOR SUMMARY JUDGMENT #117 by Judge S. James Otero (lc)
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| Filing 118 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY THE PROPOSED ORDER RE EX PARTE APPLICATION to Exceed Page Limitation Defendant's Reply in Support of his Motion for Summary Judgment (Consent)[117 -2 ]. The following error(s) was/were found: L.R. 58-10 at least 2 lines of text must accompany the Signature Line for Signature of Judge on a last page of proposed order In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 117 EX PARTE APPLICATION to Exceed Page Limitation Defendant's Reply in Support of his Motion for Summary Judgment (Consent) filed by Defendant Alex Azar. (Attachments: #1 Declaration, #2 Proposed Order) (Patil, Chetan) |
| Filing 116 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's claims #109 filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order)(Freedus, Matthew) |
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Filing 115
ORDER AMENDING BRIEFING SCHEDULE #112 by Judge S. James Otero: Court hereby amends the briefing schedule as follows: November 29, 2019 Plaintiffs summary judgment opposition and reply; December 23, 2019- Defendants summary judgment reply;December 30, 2019 Submission of Joint Appendix; The hearing remains set for January 13, 2020 #109 . (lc)
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| Filing 114 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #112 by Judge S. James Otero. The document is accepted as filed. (lc) |
| Filing 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #112 ("Plaintiffs Consented- to Motion for an Extension of Time to File its Summary Judgment Opposition and Reply"). The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request: order. Other error(s) with document(s): Incorrect event did not extend any time to answer. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 112 Extension Motion filed by Plaintiff Pediatric and Family Medical Foundation re: Order,, #105 (Attachments: #1 Proposed Order)(Freedus, Matthew) |
| Filing 111 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's claims #109 and in Opposition to Plaintiff's Motion for Summary Judgment filed by Defendant Alex Azar. (Attachments: #1 Exhibit)(Patil, Chetan) |
| Filing 110 MEMORANDUM in Opposition to Plaintiff's Motion for Summary Judgment (ECF No. 107) filed by Defendant Alex Azar. (Attachments: #1 Declaration of Angela Powell, #2 Exhibit Powell Decl. Ex. 1 part 1 (AR 1-90), #3 Exhibit Powell Decl. Ex. 1 part 2 (AR 91-200), #4 Statement of Undisputed Facts, #5 Response to Plaintiff's Statement of Undisputed Facts)(Patil, Chetan) |
| Filing 109 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's claims filed by Defendant Alex Azar. Motion set for hearing on 1/13/2020 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Memorandum, #2 Declaration Local Rule 7-3, #3 Declaration of Angela Powell, #4 Exhibit Powell Decl. Ex. 1 pt 1. (AR 1-90), #5 Exhibit Powell Decl. Ex. 1 pt. 2 (AR 91-200), #6 Statement of Undisputed Facts, #7 Response to Plaintiff's Statement of Undisputed Facts, #8 Proposed Judgment) (Patil, Chetan) |
| Filing 108 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion, #107 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Motion for summary judgment. Other error(s) with document(s): PDF documents are the Motion for summary judgment, memorandum, proposed statement and proposed order... However due to incorrect event and Missing formal LR 6.1 formal Notice of Motion text re hearing date, time, Judge and courtroom, information...No Motion was set on Judges Motion calendar for hearing. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 107 MEMORANDUM in Support of Motion for Summary Judgment filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Memorandum In support of motion for summary judgement, #2 Statement of Material Facts, #3 Proposed Order)(Freedus, Matthew) |
| Filing 106 NOTICE of List of Contents of Supplement to Administrative Record filed by Defendant Alex Azar. (Attachments: #1 Exhibit)(Patil, Chetan) |
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Filing 105
ORDER REGARDING BRIEFING SCHEDULE AND HEARING DATE #104 by Judge S. James Otero: Defendant shall file a certified list of the contents of the supplement to the administrative record and serve the supplement upon Plaintiff by Monday,August 12, 2019;Plaintiff shall file its dispositive motion and opening brief by Friday,September 27, 2019;Defendant shall file its dispositive motion and opening brief by Friday,November 1, 2019;Plaintiff shall file its reply brief by Friday, November 22, 2019;Defendant shall file its reply brief by Monday, December 16, 2019;Plaintiff shall file the joint appendix by Monday, December 23, 2019;The hearing to resolve issues presented by briefing is set for January 13, 2020 at 10:00 a.m. (lc)
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| Filing 104 NOTICE of Joint Proposal Regarding Briefing Schedule and Hearing Date filed by Defendants Alex Azar, DOES, Jeff Sessions. (Attachments: #1 Proposed Order)(Patil, Chetan) |
| Filing 103 Notice of Appearance or Withdrawal of Counsel: for attorney Jonay Foster Holkins counsel for Plaintiff Pediatric and Family Medical Foundation. Jonay Foster Holkins is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Pediatric and Family Medical Foundation. (Holkins, Jonay) |
| Filing 102 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER DENYING IN PART AND GRANTING IN PART PLAINTIFF'S MOTION TO CORRECT AND/OR SUPPLEMENT THE ADMINISTRATIVE RECORD #92 . (SEE DOCUMENT FOR SPECIFICS). (lc) |
| Filing 101 SCHEDULING NOTICE by Judge S. James Otero. The Court finds the following motion is suitable for disposition without oral argument and vacates the hearing on the MOTION to CORRECT and/or SUPPLEMENT THE ADMINISTRATIVE RECORD filed by Plaintiff Pediatric and Family Medical Foundation. [ECF No. 87] and the MOTION to CORRECT the Administrative Record filed by Plaintiff Pediatric and Family Medical Foundation. [ECF No. 92]., set for hearing on June 17, 2019. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 100 REPLY in Support of Corrected NOTICE OF MOTION AND MOTION to CORRECT the Administrative Record #92 filed by Plaintiff Pediatric and Family Medical Foundation. (Freedus, Matthew) |
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Filing 99
ORDER VACATING BRIEFING SCHEDULE AND HEARING DATE #98 by Judge S. James Otero: Upon the Courts issuance of an order on Eisners pending Motion to Correct and/or Supplement the Administrative Record (ECF No. 92), the parties shall submit a proposed schedule within 14 days of the Courts issuance of such order. (lc) Modified on 5/24/2019 (lc).
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| Filing 98 Corrected EX PARTE APPLICATION to Vacate Briefing Schedule (CONSENTED TO REQUEST) filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Exhibit A, #2 Proposed Order) (Holkins, Jonay) |
| Filing 97 Fourth EX PARTE APPLICATION to Vacate Briefing Schedule (CONSENTED TO REQUEST) filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Exhibit A) (Holkins, Jonay) |
| Filing 96 MEMORANDUM in Opposition to Corrected NOTICE OF MOTION AND MOTION to CORRECT the Administrative Record #92 filed by Defendant Alex Azar. (Attachments: #1 Exhibit)(Patil, Chetan) |
| Filing 94 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Corrected NOTICE OF MOTION AND MOTION to CORRECT the Administrative Record #92 . The following error(s) was/were found: Missing formal LR 6.1 formal Notice of Motion paragraph text re hearing date, time, Judge and courtroom, information ( only found abbreviated information under case number). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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) |
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Filing 95
ORDER DISMISSING DEFENDANT ATTORNEY GENERAL WILLIAM P. BARR #93 by Judge S. James Otero: Defendant Attorney General William P. Barr is dismissed from this action with prejudice. Each party shall bear their own costs and attorneys fees.this case shall remain open against Defendant Secretary Alex M. Azar II, as the claims against him remain unresolved. (lc)
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| Filing 93 Corrected STIPULATION to Dismiss Defendant Attorney General Jeff Sessions filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order)(Freedus, Matthew) |
| Filing 92 Corrected NOTICE OF MOTION AND MOTION to CORRECT the Administrative Record filed by Plaintiff Pediatric and Family Medical Foundation. Motion set for hearing on 6/17/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Exhibit A - Part 1- Financial Assistant Application - Section 330 Grant Application, #2 Exhibit A - Part 2 - Financial Assistant Application - Section 330 Grant Application, #3 Exhibit A - Part 3 - Financial Assistant Application - Section 330 Grant Application, #4 Exhibit A - Part 4 - Financial Assistant Application - Section 330 Grant Application, #5 Exhibit A - Part 5 - Financial Assistant Application - Section 330 Grant Application, #6 Exhibit B - Coverage Agreement, #7 Exhibit C - Request for Change in Scope of Project To Add California Hospital Site, #8 Exhibit D - March 2014 Letters from HHS, #9 Exhibit E - April 1 Response from Eisner to HHS re March 2014 Letter, #10 Exhibit F - Prior FTCA Coverage Decisions, #11 Exhibit G - HHS Approval of Request to Add Cal Hosp Site - Notice of Grant Award, #12 Exhibit H - Email from HHS regarding OB/GYN Services at Cal Hosp, #13 Exhibit I - HHS PIN 2008-01, #14 Exhibit J - HHS PIN 2002-07, #15 Exhibit K - Final Agency Decision Removing Cal Hosp Site, #16 Exhibit L - Sept 28 2015 Letter from Eisner to HHS Re Agency Decision Removing Cal Hosp Site, #17 Exhibit M - HHS Letter Response to Eisner Sept 28 Letter, #18 Proposed Order) (Freedus, Matthew) |
| Filing 91 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to CORRECT and/or SUPPLEMENT THE ADMINISTRATIVE RECORD #87 (Attachments: #1 Proposed Order)(Freedus, Matthew) |
| Filing 90 NOTICE OF LODGING filed re Stipulation to Dismiss Party #86 (Attachments: #1 Proposed Order)(Freedus, Matthew) |
| Filing 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to CORRECT and/or SUPPLEMENT THE ADMINISTRATIVE RECORD #87 by plaintiff. The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): Missing proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 88 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation to Dismiss Party Attorney General William P. Barr #86 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Answer on file; no appropriate complete FRCP cited, therefore a proposed order should have been submitted as a separate attachment. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 87 NOTICE OF MOTION AND MOTION to CORRECT and/or SUPPLEMENT THE ADMINISTRATIVE RECORD filed by Plaintiff Pediatric and Family Medical Foundation. Motion set for hearing on 6/17/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Exhibit A - Part 1- Financial Assistance Application - Section 330 Grant Application, #2 Exhibit A - Part 2 - Financial Assistance Application - Section 330 Grant Application, #3 Exhibit A - Part 3 - Financial Assistance Application - Section 330 Grant Application, #4 Exhibit A - Part 4 - Financial Assistance Application - Section 330 Grant Application, #5 Exhibit A - Part 5 - Financial Assistance Application - Section 330 Grant Application, #6 Exhibit B - Coverage Agreement, #7 Exhibit C - Request for Change in Scope of Project To Add California Hospital Site, #8 Exhibit D - March 2014 Letters from HHS, #9 Exhibit E - April 1 Response from Eisner to HHS re March 2014 Letter, #10 Exhibit F - Prior FTCA Coverage Decisions, #11 Exhibit G - HHS Approval of Request to Add Cal Hosp Site - Notice of Grant Award, #12 Exhibit H - Email from HHS regarding OB/GYN Services at Cal Hosp, #13 Exhibit I - HHS PIN 2008-01, #14 Exhibit J - HHS PIN 2002-07, #15 Exhibit K - Final Agency Decision Removing Cal Hosp Site, #16 Exhibit L - Sept 28 2015 Letter from Eisner to HHS Re Agency Decision Removing Cal Hosp Site, #17 Exhibit M - HHS Letter Response to Eisner Sept 28 Letter) (Freedus, Matthew) |
| Filing 86 STIPULATION to Dismiss Defendant Jeff Sessions filed by Plaintiff Pediatric and Family Medical Foundation.(Freedus, Matthew) |
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Filing 85
ORDER CONTINUING BRIEFING SCHEDULE #84 by Judge S. James Otero: The Court ORDERS that the hearing currently set for April 8, 2019 is vacated and that the following schedule is set:Plaintiff shall file its dispositive motion and opening brief by Wednesday, May 29, 2019; Defendants shall file their dispositive motion and opening brief by Wednesday, July 3, 2019; Plaintiff shall file its reply brief by Wednesday, July 24, 2019; Defendants shall file their reply brief by Wednesday, August 14, 2019; Plaintiff shall file the joint appendix by Wednesday, August 28, 2019; The hearing to resolve issues presented by briefing is set for Monday, September 16, 2019 at 10:00 a.m. (lc)
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| Filing 84 Joint REQUEST to Continue Briefing Schedule and Hearing from April 8, 2019 to September 16, 2019 filed by Defendants Alex Azar, Jeff Sessions. Request set for hearing on 9/16/2019 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order) (Patil, Chetan) |
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Filing 83
ORDER GRANTING Plaintiffs Consent Request for Continuance of the Briefing Schedule, #82 by Judge S. James Otero: Plaintiff shall file its dispositive motion and opening brief by Monday, March 4, 2019; Defendants shall file their dispositive motion and opening brief by Monday, April 8, 2019;Plaintiff shall file its reply brief by Monday, April 29, 2019; Defendants shall file their reply brief by Monday, May 20, 2019; The parties shall file a joint appendix by Monday, June 3, 2019; The hearing to resolve issues presented by briefing is set for Monday, June 24, 2019 at 10:00 a.m. (lc)
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| Filing 82 Second REQUEST to Continue Dispositive Motion Hearing from April 8, 2019 to August 12, 2019 filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order) (Holkins, Jonay) |
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Filing 81
ORDER ON REQUEST FOR CONTINUANCE OF BRIEFING SCHEDULE #78 by Judge S. James Otero: The briefing schedule is set as follows: Plaintiff shall file its dispositive motion and opening brief by Wednesday, December 19, 2018;Defendants shall file their dispositive motion and opening brief by Monday,January 21, 2019Plaintiff shall file its reply brief by Wednesday, February 13, 2019; Defendants shall file their reply brief by Wednesday, March 6, 2019;The parties shall file a joint appendix by Wednesday, March 20, 2019;The hearing to resolve issues presented by briefing is set for Monday, April8, 2019 at 10:00 a.m. (lc)
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| Filing 80 NOTICE OF LODGING filed re Joint REQUEST to Continue Briefing Schedule and Dispositive Motion Hearing from February 25, 2019 to April 8, 2019 #78 (Attachments: #1 Proposed Order)(Holkins, Jonay) |
| Filing 79 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint REQUEST to Continue Briefing Schedule and Dispositive Motion Hearing from February 25, 2019 to April 8, 2019 #78 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): MISSING proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 78 Joint REQUEST to Continue Briefing Schedule and Dispositive Motion Hearing from February 25, 2019 to April 8, 2019 filed by Plaintiff Pediatric and Family Medical Foundation. (Holkins, Jonay) |
| Filing 77 NOTICE of Change of address by Chetan A Patil attorney for Defendants Alex Azar, Jeff Sessions. Changing attorneys address to P.O. Box No. 883, Ben Franklin Station, Washington, DC 20044. Filed by Defendants Alex Azar, Jeff Sessions. (Patil, Chetan) |
| Filing 76 NOTICE of List of Contents of Administrative Record filed by Defendants Alex Azar, Jeff Sessions. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Patil, Chetan) |
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Filing 75
ORDER VACATING SCHEDULING CONFERENCE #74 by Judge S. James Otero: TheScheduling Conference set for September 4, 2018 is vacated and that the following schedule is set:Defendants shall file a certified list of the contents of the administrative record for each of the three challenged agency actions and serve each corresponding administrative record upon Plaintiff by Tuesday, September 25, 2018; Plaintiff shall file its dispositive motion and opening brief by Wednesday, November 7, 2018; Defendants shall file their dispositive motion and opening brief by Friday, December 7, 2018; Plaintiff shall file its reply brief by Wednesday, January 9, 2019; Defendants shall file their reply brief by Thursday January 31, 2019; The parties shall file a joint appendix by Monday, February 11, 2019; The hearing to resolve issues presented by briefing is set for Monday, February 25, 2019 at 10:00 a.m. (lc)
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| Filing 74 First STIPULATION to Vacate Scheduling Conference filed by Defendants Alex Azar, Jeff Sessions. (Attachments: #1 Proposed Order)(Patil, Chetan) |
| Filing 73 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: plaintiff Report #72 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 72 JOINT RULE 26(f) REPORT of Rule 26 Conference filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric and Family Medical Foundation, Ian Brent Tilley, M.D.. (Holkins, Jonay) |
| Filing 71 ANSWER to Amended Complaint/Petition,, #63 filed by Defendants Alex Azar, Jeff Sessions.(Patil, Chetan) |
| Filing 70 NOTICE of Appearance filed by attorney Chetan A Patil on behalf of Defendant Alex Azar (Attorney Chetan A Patil added to party Alex Azar(pty:dft))(Patil, Chetan) |
| Filing 69 PROOF OF SERVICE Executed upon Defendant Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk (Name/Signature Illegible). Executed upon the Attorney Generals Office of the United States by delivering a copy to Early Sase (Signature Illegible). Executed upon the officer agency or corporation by delivering a copy to Unknown (Signature Illegible). Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (Holkins, Jonay) |
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Filing 68
INITIAL STANDING ORDER by Judge S. James Otero. Rule 26 Meeting Report due by 8/20/2018. Scheduling Conference set for 9/4/2018 at 08:30 AM before Judge S. James Otero. (vcr)
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Filing 67
ORDER REGARDING DEFENDANT JEFF SESSIONS DEADLINE TO ANSWER SECOND AMENDED COMPLAINT 45 DAYS FROM THE DATE PLAINTIFF COMPLETES SERVICE OF THE SECOND AMENDED COMPLAINT ON THE SECRETARY OF HEALTH AND HUMAN SERVICES #65 by Judge S. James Otero (lc)
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| Filing 66 60 DAY Summons Issued re SECOND Amended Complaint/Petition,, #63 as to defendant Alex Azar. (lc) |
| Filing 65 STIPULATION for Extension of Time to File Answer to 60 days from service on Secretary of HHS re Amended Complaint/Petition,, #63 filed by Defendant Jeff Sessions. (Attachments: #1 Proposed Order)(Patil, Chetan) |
| Filing 64 Request for Clerk to Issue Summons on Amended Complaint/Petition,, #63 filed by Plaintiff Pediatric and Family Medical Foundation. (Holkins, Jonay) |
| Filing 63 Second AMENDED COMPLAINT against Defendants DOES, Jeff Sessions, United States Department of Health and Human Services, Alex Azar amending Amended Complaint/Petition, #20 , Complaint (Attorney Civil Case Opening),,, #1 , Amended Complaint/Petition #27 , Amended Complaint/Petition #21 , filed by Plaintiff Pediatric and Family Medical Foundation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Freedus, Matthew) |
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Filing 62
ORDER by Judge S. James Otero: Plaintiffs Motion for leave to file a second amended complaint is GRANTED #59 . The Second Amended Complaint previously lodged with the Court must be e-filed within 3 days of the entry of this Order. (lc)
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| Filing 61 The Court finds the following motion suitable for disposition without oral argument and vacates the MOTION for Leave to file Second Amended Complaint filed by Plaintiff Pediatric and Family Medical Foundation. [ECF #59], set for hearing on May 7, 2018. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 60 STIPULATION OF NON-OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT re NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #59 filed by Plaintiff Pediatric and Family Medical Foundation. (Gonzalez, Michael) |
| Filing 59 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Pediatric and Family Medical Foundation. Motion set for hearing on 5/7/2018 at 10:00 AM before Judge S. James Otero. (Attachments: #1 Proposed Order Proposed Order, #2 Proposed Second Amended Complaint, #3 Redlined Second Amended Complaint, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M) (Freedus, Matthew) |
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Filing 58
ORDER GRANTING APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Plaintiff Pediatric and Family Medical Foundation and desigating Michael D Gonzalez as local counsel #55 by Judge S. James Otero (lc)
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Filing 57
ORDER GRANTING APPLICATION of Non-Resident Attorney Jonay Foster Holkins to Appear Pro Hac Vice on behalf of Plaintiff Pediatric and Family Medical Foundation and designating Michael D Gonzalez as local counsel #54 by Judge S. James Otero (lc)
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| Filing 56 REQUEST to Continue Briefing Schedule from April 6, 2018 to Upon further Order of the Court filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order Request for Continuance of Briefing Schedule) (Gonzalez, Michael) |
| Filing 55 APPLICATION of Non-Resident Attorney Matthew S. Freedus to Appear Pro Hac Vice on behalf of Plaintiff Pediatric and Family Medical Foundation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21466985) filed by Plaintiff Pediatric and Family Me dical Foundation. (Attachments: #1 Proposed Order) (Gonzalez, Michael) |
| Filing 54 APPLICATION of Non-Resident Attorney Jonay Foster Holkins to Appear Pro Hac Vice on behalf of Plaintiff Pediatric and Family Medical Foundation (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21466732) filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order Pro Hac Vice) (Gonzalez, Michael) |
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Filing 53
ORDER GRANTING Request to Substitute Attorney Michael D Gonzalez in place and instead of David P Pruett for plaintiff Pediatric and Family Medical Foundation #52 by Judge S. James Otero: (lc)
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| Filing 52 REQUEST TO SUBSTITUTE ATTORNEY Michael D. Gonzalez in place of attorney David P. Pruett filed by Plaintiff Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order) (Costa, Kaytee) |
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Filing 51
ORDER DENYING THEREON PROPOSED ORDER RE REQUEST FOR APPROVAL OF WITHDRAWAL ATTORNEY DAVID PRUETT #48 by Judge S. James Otero (lc)
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| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST of DAVID P. PRUETT to Withdraw as Attorney #48 , REQUEST of DAVID P. PRUETT to Withdraw as Attorney #49 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Request: Substitute Attorney (G-01). Other error(s) with document(s): pdfs are the G-01 form, the cited event is used for these court forms.Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word". In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 49 REQUEST of DAVID P. PRUETT to Withdraw as Attorney filed by PLAINTIFF Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order) (Pruett, David) |
| Filing 48 REQUEST of DAVID P. PRUETT to Withdraw as Attorney filed by PLAINTIFF Pediatric and Family Medical Foundation. (Attachments: #1 Proposed Order) (Pruett, David) |
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Filing 47
ORDER by Judge S. James Otero: granting #46 EX PARTE APPLICATION to Withdraw as Attorney. IT IS HEREBY ORDERED: 1. Kjar, McKenna & Stockalper, LLP and its attorneys of record in this matter, Robert L. McKenna, III, and Kaytee V. Costa, shall withdraw as counsel for Plaintiff; and 2. The briefing schedule shall be continued, and will consist of the following dates:April 6, 2018, Plaintiff shall file its dispositive motion and opening brief; May 28, 2018, Defendant shall file his dispositive motion and opening brief; June 27, 2018, Plaintiff shall file its reply brief; July 27, 2018, Defendant shall file his reply brief; August 10, 2018, Parties shall file a joint appendix; August 27, 2018 at 10:00 a.m., Court hearing to resolve issues presented by the briefing. (lom)
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| Filing 46 EX PARTE APPLICATION of Kjar, McKenna & Stockalper, LLP to Withdraw as Attorney filed by Plaintiffs Pediatric and Family Medical Foundation. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Order) (Costa, Kaytee) |
| Filing 45 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert L McKenna, III counsel for Plaintiff Pediatric and Family Medical Foundation. Changing Firm Name; Address to Kjar, McKenna & Stockalper, LLP, 7711 Center Avenue, Suite 670, Huntington Beach, CA 92647. Changing Email; Fax; Telephone to rmckenna@kmslegal.com; (657) 237-7534; (657) 237-7533. Filed by Plaintiff Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center. (McKenna, Robert) |
| Filing 44 NOTICE of Change of Attorney Business or Contact Information: for attorney Kaytee Costa counsel for Plaintiff Pediatric and Family Medical Foundation. Changing Firm Name; Address to Kjar, McKenna & Stockalper, LLP, 7711 Center Avenue, Suite 670, Huntington Beach, CA 92647. Changing Email; Fax; Telephone to kcosta@kmslegal.com; (657) 237-7534; (657) 237-7533. Filed by Plaintiff Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center. (Costa, Kaytee) |
| Filing 43 NOTICE of Change of Attorney Business or Contact Information: for attorney Kaytee Costa counsel for Plaintiff Pediatric and Family Medical Foundation. Changing Firm Name; Address to Kjar, McKenna & Stockalper, LLP, 7711 Center Avenue, Suite 670, Huntington Beach, CA 92647. Changing Email; Fax; Telephone to kcosta@kmslegal.com; (657) 237-7534; (657) 237-7533. Filed by Plaintiff Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center. (Costa, Kaytee) |
| Filing 42 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/20/17 8:31 a.m. re Transcript #41 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Zurborg, Carol) TEXT ONLY ENTRY |
| Filing 41 TRANSCRIPT for proceedings held on 11/20/17 8:31 a.m. Court Reporter: Carol Jean Zurborg, phone number (213) 894-3539. 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 2/16/2018. Redacted Transcript Deadline set for 2/26/2018. Release of Transcript Restriction set for 4/26/2018. (Zurborg, Carol) |
| Filing 40 TRANSCRIPT ORDER as to plaintiff Pediatric and Family Medical Foundation for Court Reporter. Court will contact Laurie Baker at lbaker@cktfmlaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Pruett, David) |
| Filing 39 NOTICE of List of Contents of Administrative Record filed by Defendant Jeff Sessions. (Patil, Chetan) |
| Filing 38 MINUTES OF Scheduling Conference held before Judge S. James Otero. Defendant shall file a certified list of the contents of the administrative record and serve the administrative record upon Plaintiff by Saturday, December 30, 2017. Plaintiff shall file its dispositive motion and opening brief by Tuesday, February 13, 2018. Defendant shall file its dispositive motion and opening brief by Friday, March 30, 2018. Plaintiff shall file its reply brief by Monday, April 30, 2018. Defendant shall file its reply brief by Wednesday, May 30, 2018. The parties shall file a joint appendix by Monday, June 11, 2018.The hearing to resolve issues presented by briefing is set for Monday, June 25,2018 at 10:00 a.m. All discovery disputes are to be brought before the Magistrate Judge assigned to the case.The parties are reminded of their obligations under Fed. R. Civ. P. 26-1(a) to disclose information without a discovery request.On November 9, 2017, the Court denied a transfer order in the matter of CV 17-07917-R (Ex), currently assigned to Judge Manuel L. Real. Counsel reiterates that the issues presented in that action and this action are perceived by the parties to be related, and requests the Court to reconsider the denial and consolidate the matters. Court and counsel confer. The request for reconsideration is DENIED, and the schedule set by the Court remains. Court Reporter: Carol Zurborg. (lc) Modified on 11/21/2017 (lc). |
| Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney David P Pruett counsel for Plaintiff Pediatric and Family Medical Foundation. Adding DAVID P. PRUETT as counsel of record for Plaintiff, PEDIATRIC & FAMILY MEDICAL FOUNDATION dba EISNER PEDIATRIC & FAMILY MEDICAL CNETER for the reason indicated in the G-123 Notice. Filed by PLAINTIFF PEDIATRIC & FAMILY MEDICAL FOUNDATION dba EISNER PEDIATRIC & FAMILY MEDICAL CENTER. (Attorney David P Pruett added to party Pediatric and Family Medical Foundation(pty:pla))(Pruett, David) |
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 0, filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric and Family Medical Foundation, Ian Brent Tilley, M.D... (Pruett, David) |
| Filing 35 NOTICE filed by plaintiff Pediatric and Family Medical Foundation. Notice of Order Setting Scheduling Conference (Attachments: #1 Exhibit Exhibit A - Minute Order)(McKenna, Robert) |
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Filing 34
ORDER SETTING SCHEDULING CONFERENCE by Judge S. James Otero. Rule 26 Meeting Report due by 11/6/2017. Scheduling Conference set for 11/20/2017 at 08:30 AM before Judge S. James Otero. (vcr)
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| Filing 33 ANSWER to Amended Complaint/Petition #27 filed by Defendant Jeff Sessions.(Patil, Chetan) |
| Filing 32 NOTICE of Appearance filed by attorney Chetan A Patil on behalf of Defendant Jeff Sessions (Attorney Chetan A Patil added to party Jeff Sessions(pty:dft))(Patil, Chetan) |
| Filing 31 Amended NOTICE of Interested Parties filed by Plaintiff Pediatric and Family Medical Foundation, identifying Jeff Sessions, US Attorney General; and NORCAL Insurance Company. (Costa, Kaytee) |
| Filing 30 60 DAY Summons Issued re First Amended Complaint #27 as to Defendant Jeff Sessions. (lom) |
| Filing 29 Request for Clerk to Issue Summons on Amended Complaint/Petition #27 filed by Plaintiff Pediatric and Family Medical Foundation. (Costa, Kaytee) |
| Filing 28 NOTICE of Court's Order Allowing Addition of New Party filed by Plaintiff Pediatric and Family Medical Foundation. (Costa, Kaytee) |
| Filing 27 First AMENDED COMPLAINT against Defendant Jeff SESSIONS amending Amended Complaint/Petition, #20 , Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff Pediatric and Family Medical Foundation(Costa, Kaytee) |
| Filing 26 NOTICE OF ERRATA filed by Plaintiff Pediatric and Family Medical Foundation. correcting Notice (Other) #24 , Amended Complaint/Petition, #20 First Amended Complaint (Costa, Kaytee) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) #24 , Amended Complaint/Petition, #20 . The following error(s) was found: Clerk reviewed no. 24 re order allow new party Sessions on the amended complaint. However the Caption of the Amended Complaint is incomplete/incorrect... Sessions is Missing in the Caption (FRCP 10). Therefore the First Amended Complaint is deficient and the clerk cannot issue the summons. 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) Modified on 7/21/2017 (lc). |
| Filing 24 NOTICE OF COURTS ORDER ALLOWING ADDITION OF NEW PARTY filed by Plaintiff Pediatric and Family Medical Foundation. (McKenna, Robert) |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: " Amended Complaint/Petition" #21 . The following error(s) was found: Other error(s) with document(s) are specified below :Clerk has already issued deficiency regarding the pdf being a summons request by separate entry see docket no. 22. This deficiency is issued specifically as to the erroneous duplicate Amended Complaint created as docket. no. 21. The Actual Amended Complaint is docket entry no. 20. 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 22 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Amended Complaint/Petition #21 . The following error(s) was found: The case number and/or judge(s)initials are incorrect. Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. CLARIFICATION OF THE CITED DEFICIENCIES: 1) INCORRECT EVENT " AMENDED COMPLAINT" used, pdf is a summons to be issued, now an erroneous DUPLICATE amended complaint entry has been created on the docket; 2) Correct event to be used is : Summons Request ; 3) Case number incomplete, missing mandatory Judge and Magistrate's initia1s. Case number to read correctly as: 2:17-cv-00732-SJO-AS; 4) Please indicate near the summons title "ON THE FIRST AMENDED COMPLAINT"; 5) the "TO" area is MISSING the name of the named Defendant. ( Sessions is not a named defendant, nor located at 312 N. Spring Street, Los Angeles). The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 21 FIRST AMENDED COMPLAINT against Defendant Jeff SESSIONS amending Amended Complaint/Petition, #20 , filed by Plaintiff Pediatric and Family Medical Foundation(Costa, Kaytee) |
| Filing 20 FIRST AMENDED COMPLAINT against Defendant Jeff SESSIONS amending Complaint (Attorney Civil Case Opening),,, #1 , filed by Plaintiff Pediatric and Family Medical Foundation(Attorney Kaytee Costa added to party Pediatric and Family Medical Foundation(pty:pla))(Costa, Kaytee) |
| Filing 19 MINUTES (IN CHAMBERS) by Judge S. James Otero: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION #14 WITH LEAVE TO AMEND. Plaintiffs shall file a First Amended Complaint within 14 days of this Order. (lc) |
| Filing 18 The Court finds the following motion suitable for disposition without oral argument and vacates the hearing re the MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Norris Cochran, United States Department of Health and Human Services. [ECF #14], set for hearing on June 19, 2017. See Fed. R. Civ. P. 78(b). No appearance is required. The briefing schedule remains as set by Local Rule. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 17 REPLY support of NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Defendants Norris Cochran, United States Department of Health and Human Services. (Patil, Chetan) |
| Filing 16 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric and Family Medical Foundation, Ian Brent Tilley, M.D.. (Attachments: #1 Exhibit A, #2 Exhibit B)(McKenna, Robert) |
| Filing 15 Plaintiff's Opposition to Defendants' Motion to Dismiss in Opposition re: NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #14 filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric and Family Medical Foundation, Ian Brent Tilley, M.D.. (Attachments: #1 Exhibit A)(McKenna, Robert) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Norris Cochran, United States Department of Health and Human Services. Motion set for hearing on 6/19/2017 at 10:00 PM before Judge S. James Otero. (Attachments: #1 Declaration Local Rule 7-3, #2 Proposed Order) (Patil, Chetan) |
| Filing 13 Second STIPULATION Extending Time to Answer the complaint as to Norris Cochran answer now due 5/8/2017; United States Department of Health and Human Services answer now due 5/8/2017, filed by Defendants Norris Cochran; United States Department of Health and Human Services.(Patil, Chetan) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to Norris Cochran answer now due 5/1/2017; United States Department of Health and Human Services answer now due 5/1/2017, filed by Defedants Norris Cochran; United States Department of Health and Human Services.(Patil, Chetan) |
| Filing 11 NOTICE of Appearance filed by attorney Chetan A Patil on behalf of Defendants Norris Cochran, United States Department of Health and Human Services (Attorney Chetan A Patil added to party Norris Cochran(pty:dft), Attorney Chetan A Patil added to party United States Department of Health and Human Services(pty:dft))(Patil, Chetan) |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Pediatric and Family Medical Foundation, Mary Elizabeth Claassen, Ruth Mielke, Ian Brent Tilley, M.D., upon Defendant Norris Cochran served on 2/7/2017, answer due 4/10/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to Girly Sase (Signature Illegible). Executed upon the officer agency or corporation by delivering a copy to Unknown. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (McKenna, Robert) |
| Filing 9 PROOF OF SERVICE Executed by Plaintiff Pediatric and Family Medical Foundation, Mary Elizabeth Claassen, Ruth Mielke, Ian Brent Tilley, M.D., upon Defendant United States Department of Health and Human Services served on 2/7/2017, answer due 4/10/2017. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Pat Myles. Executed upon the Attorney Generals Office of the United States by delivering a copy to Girly Sase (Signature Illegible). Executed upon the officer agency or corporation by delivering a copy to Unknown. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons NOT returned. (McKenna, Robert) |
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Filing 8
INITIAL STANDING ORDER upon filing of the complaint by Judge S. James Otero. (vcr)
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| Filing 7 60 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Norris Cochran and United States Department of Health and Human Services. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge S. James Otero and Magistrate Judge Alka Sagar. (jtil) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs All Plaintiffs, (McKenna, Robert) |
| Filing 3 CIVIL COVER SHEET filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center, Ian Brent Tilley, M.D.. (McKenna, Robert) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,, #1 filed by Plaintiffs Mary Elizabeth Claassen, Ruth Mielke, Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center, Ian Brent Tilley, M.D.. (McKenna, Robert) |
| Filing 1 COMPLAINT Receipt No: 0973-19272616 - Fee: $400, filed by plaintiffs Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center, Mary Elizabeth Claassen, Ruth Mielke, Ian Brent Tilley, M.D.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K) (Attorney Robert L McKenna, III added to party Mary Elizabeth Claassen(pty:pla), Attorney Robert L McKenna, III added to party Ruth Mielke(pty:pla), Attorney Robert L McKenna, III added to party Pediatric & Family Medical Foundation dba Eisner Pediatric & Family Medical Center(pty:pla), Attorney Robert L McKenna, III added to party Ian Brent Tilley, M.D.(pty:pla))(McKenna, Robert) |
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