John Herzfeld v. Teva Pharmaceuticals USA, Inc. et al
John herzfeld |
Teva Pharmaceuticals USA, Inc., MCMC, LLC, Meritain Health, Inc., Aetna Life Insurance Co., Omnibus Welfare Plan and Quantum Health, Inc. |
2:2018cv09784 |
November 20, 2018 |
U.S. District Court for the Central District of California |
Suzanne H Segal |
Otis D Wright |
Labor: E.R.I.S.A. |
29 U.S.C. § 1132 |
None |
Docket Report
This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
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Filing 75 STATUS REPORT JOINT CASE MANAGEMENT REPORT filed by Plaintiff John Herzfeld. (Davis, D.) |
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Filing 72 APPLICATION of Non-Resident Attorney Rachel A. Smoot to Appear Pro Hac Vice on behalf of Defendant Quantum Health, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24904154) filed by Defendant Quantum Health, Inc.. (Attachments: #1 Proposed Order) (Brooks, Sarah) |
Filing 71 APPLICATION of Non-Resident Attorney David J. Butler to Appear Pro Hac Vice on behalf of Defendant Quantum Health, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24903288) filed by Defendant Quantum Health, Inc.. (Attachments: #1 Proposed Order) (Brooks, Sarah) |
Filing 70 Notice of Appearance or Withdrawal of Counsel: for attorney Sarah S Brooks counsel for Defendant Quantum Health, Inc.. Adding Sarah S. Brooks as counsel of record for Defendant Quantum Health, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Quantum Health, Inc.. (Attorney Sarah S Brooks added to party Quantum Health, Inc.(pty:dft))(Brooks, Sarah) |
Filing 69 The hearing on the MOTION for Reconsideration Re Order on Motion to Dismiss Case #65 , scheduled for November 18, 2019 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 68 REPLY in support of a motion NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case #34 #65 filed by Plaintiff John Herzfeld. (Attachments: #1 Declaration OF D. JASON DAVIS IN SUPPORT OF PLAINTIFFS REPLY TO DEFENDANT MCMC, LLCS OPPOSITION TO MOTION FOR RECONSIDERATION)(Davis, D.) |
Filing 67 First REQUEST MOTION for Consideration of Of Late-Filed Opposition to Plaintiff's Motion for Reconsideration filed by Defendant MCMC, LLC. Request set for hearing on 11/18/2019 at 01:30 PM before Judge Otis D. Wright II. (Whittington, Jeffrey) |
Filing 66 OPPOSITION to Plaintiff John Herzfeld's Motion for Reconsideration In Opposition re: NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case #34 #65 filed by Defendant MCMC, LLC. (Whittington, Jeffrey) |
Filing 65 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion to Dismiss Case #34 filed by Plaintiff John Herzfeld. Motion set for hearing on 11/18/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of D. Jason Davis in support of Motion for Reconsideration) (Davis, D.) |
Filing 64 The hearing on the MOTIONS to Dismiss Case #39 #40 , scheduled for October 28, 2019 at 1:30 P.M., are hereby VACATED and taken off calendar. No appearances are necessary. The matters 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 |
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Filing 60 REPLY In Support of Motion to Dismiss filed by Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. (Graffeo, Eric) |
Filing 59 APPLICATION of Non-Resident Attorney Wesley E. Stockard to Appear Pro Hac Vice on behalf of Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24593382) filed by Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order) (Graffeo, Eric) |
Filing 58 APPLICATION of Non-Resident Attorney Rachel P. Kaercher to Appear Pro Hac Vice on behalf of Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 10/11/2019, Receipt No. 0973-24592859) filed by Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order) (Attorney Eric John Graffeo added to party Omnibus Welfare Plan(pty:dft), Attorney Eric John Graffeo added to party Teva Pharmaceuticals USA, Inc.(pty:dft)) (Graffeo, Eric) |
Filing 57 CERTIFICATE OF SERVICE filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc., re Sealed Reply, #56 served on 10/10/19. (Ernster, Shannon) |
Filing 56 SEALED REPLY RE NOTICE OF MOTION AND MOTION to Dismiss Case - DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT #40 , Order on Motion for Leave to File Document Under Seal #55 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc..(Ernster, Shannon) |
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Filing 53 DECLARATION of Shannon L. Ernster in support of Ex Parte Application for Leave to File Reply Under Seal EX PARTE APPLICATION to file document Reply ISO Motion to Dismiss Plaintiff's Complaint under seal #50 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Ernster, Shannon) |
Filing 52 OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANT TEVA PHARMACEUTICALS USA, INC. OMNIBUS WELFARE PLANS MOTION TO DISMISS filed by Plaintiff John Herzfeld. (Attachments: #1 Declaration of D. Jason Davis in support of Opposition to Motion to Dismiss)(Davis, D.) |
Filing 51 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case - DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT #40 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Ernster, Shannon) |
Filing 50 EX PARTE APPLICATION to file document Reply ISO Motion to Dismiss Plaintiff's Complaint under seal filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Attachments: #1 Proposed Order Granting Defendants Meritain Health & Aetna Life's Ex Parte Application)(Ernster, Shannon) |
Filing 49 REQUEST for Judgment Pursuant to Fed. Rule of CIV. PROC. 58(d) filed by defendant MCMC, LLC. (Attachments: #1 Proposed Order Judgement) (Whittington, Jeffrey) |
Filing 48 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case - DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT #40 filed by Plaintiff John Herzfeld. (Attachments: #1 Declaration of D. Jason Davis in support of Opposition to Motion to Dismiss)(Davis, D.) |
Filing 47 SEALED DOCUMENT Memorandum of Points and Authorities ISO Motion to Dismiss Plaintiff's Complaint re Order on Motion for Leave to File Document Under Seal, #46 , EX PARTE APPLICATION to file document DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS EX PARTE APPLICATION FOR LEAVE TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER SEAL; ME #41 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc..(Ernster, Shannon) |
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Filing 45 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion, #39 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Dismiss. Other error(s) with document(s): Please use the search feature and search for - Applications/Ex Parte Applications/Motions/Petitions/Requests - Dismiss Case. This will set the hearing on the Judge's calendar. 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. (lom) |
Filing 44 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)]; SCHEDULING CONFERENCE [FRCP 26(f)] by Judge Otis D. Wright, II. Scheduling Conference set for December 16, 2019 at 1:30 p.m. (lom) |
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Filing 42 CERTIFICATE of Interested Parties filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc., (Ernster, Shannon) |
Filing 41 EX PARTE APPLICATION to file document DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS EX PARTE APPLICATION FOR LEAVE TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER SEAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF under seal filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Attachments: #1 Declaration DECLARATION OF SHANNON L. ERNSTER IN SUPPORT OF DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS EX PARTE APPLICATION FOR LEAVE TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER SEAL, #2 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS EX PARTE APPLICATION FOR LEAVE TO FILE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS COMPLAINT UNDER SEAL, #3 Redacted Document (REDACTED VERSION OF PROPOSED DOCUMENT TO BE FILED UNDER SEAL) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MERITAIN HEALTH, INC.S AND AETNA LIFE INSURANCE COMPANYS MOTION TO DISMISS PLAINTIFFS COMPLAINT, #4 Unredacted Document (UNREDACTED VERSION OF PROPOSED DOCUMENT TO BE FILED UNDER SEAL) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MERITAIN HEALTH, INC.S AND AETNA LIFE INSURANCE COMPANYS MOTION TO DISMISS PLAINTIFFS COMPLAINT)(Ernster, Shannon) |
Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Case - DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by Defendant Aetna Life Insurance Co., Meritain Health, Inc.. Motion set for hearing on 10/21/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING DEFENDANTS MERITAIN HEALTH, INC. AND AETNA LIFE INSURANCE COMPANYS MOTION TO DISMISS PLAINTIFFS COMPLAINT) (Ernster, Shannon) |
Filing 39 NOTICE OF MOTION re First NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Defendants Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. Motion set for hearing on 10/28/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum, #2 Declaration, #3 Proposed Order)(Attorney Bethanie Ella Barnes added to party Omnibus Welfare Plan(pty:dft))(Barnes, Bethanie) Modified on 10/15/2019 (lc). |
Filing 38 CERTIFICATE of Interested Parties filed by Defendant Quantum Health, Inc., (Wallerstein, Thomas) |
Filing 37 ANSWER to Complaint (Attorney Civil Case Opening) #1 filed by Defendant Quantum Health, Inc..(Attorney Thomas E Wallerstein added to party Quantum Health, Inc.(pty:dft))(Wallerstein, Thomas) |
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Filing 35 Joint STIPULATION for Protective Order filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc..(Ernster, Shannon) |
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Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Sean Piers counsel for Defendant Teva Pharmaceuticals USA, Inc.. Sean P. Piers is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Teva Pharmaceuticals USA, Inc.. (Piers, Sean) |
Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Bethanie Ella Barnes counsel for Defendant Teva Pharmaceuticals USA, Inc.. Adding Bethanie Barnes as counsel of record for Teva Pharmaceuticals USA, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Teva Pharmaceuticals USA, Inc.. (Attorney Bethanie Ella Barnes added to party Teva Pharmaceuticals USA, Inc.(pty:dft))(Barnes, Bethanie) |
Filing 31 CORPORATE DISCLOSURE STATEMENT filed by Defendant MCMC, LLC identifying CareWorks Managed Care Services, Inc. as Corporate Parent. (Attachments: #1 Declaration of Service)(Whittington, Jeffrey) |
Filing 30 NOTICE of Appearance filed by attorney Sean Piers on behalf of Defendant Teva Pharmaceuticals USA, Inc. (Attorney Sean Piers added to party Teva Pharmaceuticals USA, Inc.(pty:dft))(Piers, Sean) |
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Filing 28 Joint STIPULATION for Extension of Time to File Answer to TBD re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Attachments: #1 Proposed Order Further Continuing Defendants' Time to Respond to the Complaint)(Ernster, Shannon) |
Filing 27 The Court finds that MOTION to Dismiss #22 currently scheduled for hearing on 3/4/2019, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, this motion is taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY |
Filing 26 REPLY In Support First NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Defendant MCMC, LLC. (Whittington, Jeffrey) |
Filing 25 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION to Dismiss Case #22 filed by Plaintiff John Herzfeld. (Davis, D.) |
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Filing 23 Joint STIPULATION for Extension of Time to File Answer to March 21, 2019 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc.. (Attachments: #1 Proposed Order Further Continuing Defendants' Time to Respond to the Complaint)(Attorney Shannon Lissa Ernster added to party Aetna Life Insurance Co.(pty:dft), Attorney Shannon Lissa Ernster added to party Meritain Health, Inc.(pty:dft))(Ernster, Shannon) |
Filing 22 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant MCMC, LLC. Motion set for hearing on 3/4/2019 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Jeffrey S. Whittington, #3 Proposed Order, #4 Declaration of Service) (Whittington, Jeffrey) |
Filing 21 CERTIFICATE of Interested Parties filed by Defendant MCMC, LLC, (Attachments: #1 Exhibit A)(Attorney Jeffrey Stewart Whittington added to party MCMC, LLC(pty:dft))(Whittington, Jeffrey) |
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Filing 19 Joint STIPULATION for Extension of Time to File Answer to February 11, 2019 re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc., Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order Continuing Defendants' Time to Respond to the Complaint)(Alberts, Ronald) |
Filing 18 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit A only to the Response[17-1]. The following error(s) was/were found: Filer attached a previous filing with active electronic headers intact, thus making current headers illegible as to the exhibit portion. 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 17 RESPONSE filed by Plaintiff John Herzfeld to OSC re Dismissal For Lack of Prosecution (Attachments: #1 Exhibit Exhibit A)(Davis, D.) |
Filing 16 PROOF OF SERVICE Executed by Plaintiff John Herzfeld, upon Defendant Omnibus Welfare Plan served on 12/26/2018, answer due 2/1/2019. Service of the Summons and Complaint were executed upon Christian Larranaga (Corporate Creations Network, Inc.) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Davis, D.) |
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Filing 14 PROOF OF SERVICE Executed by Plaintiff John Herzfeld, upon Defendant MCMC, LLC served on 12/12/2018, answer due 1/2/2019. Service of the Summons and Complaint were executed upon Bill Jacobs (CSC - Lawyers Incorporating Service) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Davis, D.) |
Filing 13 PROOF OF SERVICE Executed by Plaintiff John Herzfeld, upon Defendant Quantum Health, Inc. served on 12/11/2018, answer due 1/2/2019. Service of the Summons and Complaint were executed upon Carlos Paz (Business Filing Incorporated) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Davis, D.) |
Filing 12 PROOF OF SERVICE Executed by Plaintiff John Herzfeld, upon Defendant Meritain Health, Inc. served on 12/11/2018, answer due 2/1/2019. Service of the Summons and Complaint were executed upon Carlos Paz (Business Filing Incorporated) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Davis, D.) |
Filing 11 PROOF OF SERVICE Executed by Plaintiff John Herzfeld, upon Defendant Aetna Life Insurance Co. served on 12/11/2018, answer due 2/1/2019. Service of the Summons and Complaint were executed upon Carlos Paz (Business Filing Incorporated) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Davis, D.) |
Filing 10 AMENDED DOCUMENT filed by Defendants Aetna Life Insurance Co., Meritain Health, Inc., Omnibus Welfare Plan, Teva Pharmaceuticals USA, Inc.. Amendment to Stipulation Extending Time to Answer (30 days or less),,, #9 (Alberts, Ronald) |
Filing 9 Joint STIPULATION Extending Time to Answer the complaint as to Aetna Life Insurance Co. answer now due 2/1/2019; Teva Pharmaceuticals USA, Inc. answer now due 2/1/2019; Meritain Health, Inc. answer now due 2/1/2019; Omnibus Welfare Plan answer now due 2/1/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants Aetna Life Insurance Co.; Teva Pharmaceuticals USA, Inc.; Meritain Health, Inc.; Omnibus Welfare Plan.(Attorney Ronald K Alberts added to party Aetna Life Insurance Co.(pty:dft), Attorney Ronald K Alberts added to party Meritain Health, Inc.(pty:dft), Attorney Ronald K Alberts added to party Omnibus Welfare Plan(pty:dft), Attorney Ronald K Alberts added to party Teva Pharmaceuticals USA, Inc.(pty:dft))(Alberts, Ronald) |
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Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Aetna Life Insurance Co., MCMC, LLC, Meritain Health, Inc., Omnibus Welfare Plan, Quantum Health, Inc., Teva Pharmaceuticals USA, Inc. (ghap) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Suzanne H. Segal. (ghap) |
Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by plaintiff John herzfeld. (Davis, D.) |
Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff John herzfeld identifying Teva Pharmaceuticals USA, Inc. as Corporate Parent. (Attachments: #1 Exhibit Attachment A)(Davis, D.) |
Filing 2 CIVIL COVER SHEET filed by Plaintiff John herzfeld. (Davis, D.) |
Filing 1 COMPLAINT Receipt No: 0973-22777167 - Fee: $400, filed by plaintiff John herzfeld. (Attorney D. Jason Davis added to party John herzfeld(pty:pla))(Davis, D.) |
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