William Poe v. Health Net, Inc. et al
| William Poe |
| Health Net Community Solutions, Inc., Health Net of California, Inc., Centene Management Company, LLC, Centene Corp., Health Net, Inc. and DOES 1 through 1000, inclusive |
| 2:2018cv09792 |
| November 21, 2018 |
| US District Court for the Central District of California |
| Charles F Eick |
| Manuel L Real |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.
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Filing 41
MINUTES (IN CHAMBERS) ORDER DISMISSING CASE FOR FAILURE TO COMPLY WITH COURT ORDER by Judge Manuel L. Real: On 3/14/2019, the Court Granted Defendants Health Net, Inc.; Health Net Community Solutions, Inc.; Health Net of California, Inc.; Centene Corp.; and Centene Management Company, LLC.'s Motion to Dismiss without leave to amend on the fourth cause of action, and with leave to amend as to the first, second, third, and fifth causes of action #38 . Pursuant to the Court's 3/14/2019 Order, Plaintiff was ordered to file a First Amended Complaint ("FAC") on or before 3/21/2019. The Court allowed Plaintiff up to 4/5/2019 to file a FAC and comply with the Court's Order. As of the date of this Minute Order, Plaintiff has not yet filed a FAC. This Court finds that dismissal of the action for failure to comply with a court order is appropriate. This action is hereby DISMISSED for Plaintiff's failure to comply with this Court's Order. (Made JS-6. Case Terminated.) Court Reporter: None Present. (gk)
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Filing 40
MINUTES (IN CHAMBERS) ORDER RE: PLAINTIFF'S EX PARTE APPLICATION FOR ENLARGEMENT OF TIME TO FILE AMENDED COMPLAINT AND SEEK LEAVE TO USE FICTITIOUS NAME by Judge Manuel L. Real: The Court has reviewed Plaintiff's Ex Parte Application To Allow 30 Days to File Amended Complaint and Seek Leave to Use Fictitious Name filed 3/21/2019 #39 . This case's docket sheet reflects that the Court's 3/14/2019 Order Granting Defendants' Motion to Dismiss was entered on 3/18/2019 at 7:20 AM #38 . To account for the lapse between the date of the Order and receipt of the Order by counsel, Plaintiff shall be allowed an additional four days to comply with Court's 3/14/2019 Order Granting Defendants' Motion to Dismiss. The Court notes that the Court's 3/14/2019 Order erroneously ordered defendant to respond to the "Second Amended Complaint," instead of the First Amended Complaint. The Court hereby strikes the word "Second" on line 16 of page 6 of the Order. Accordingly, the Court ORDERS as follows: (1) Plaintiff is ORDERED to comply with the Court's Order Granting Defendants' Motion to Dismiss (Dkt. No. 38), and file a First Amended Complaint on or before 1:00 PM PST of 3/5/2019. (2) Defendant is ORDERED to respond within 14 days from the filing of the First Amended Complaint. Court Reporter: None Present. (gk)
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| Filing 39 EX PARTE APPLICATION for Enlargement of Time to File motion for leave to proceed under fictitious name , EX PARTE APPLICATION for Extension of Time to Amend Complaint - (Discovery), Order on Motion to Dismiss, #38 filed by plaintiff William Poe. (Attachments: #1 Proposed Order) (Moest, Robert) |
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Filing 38
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants' Motion to Dismiss #22 is GRANTED with leave to amend as to the first, second, third, and fifth causes of action and without leave to amend as to the fourth cause of action. Plaintiff shall file a First Amended Complaint in accordance with this Order no later than 3/21/2019. Defendants' response(s) to the Second Amended Complaint are due no later than 4/4/2019. (gk)
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Filing 37
ORDER DENYING PLAINTIFF'S MOTION TO REMAND #20 by Judge Manuel L. Real. See document for further details. (gk)
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Filing 36
TEXT ONLY SCHEDULING ORDER by Judge Manuel L. Real, The Court has determined that Motion to Remand Case to Los Angeles Superior Court filed by plaintiff William Poe #20 set for hearing on February 19, 2019 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of February 19, 2019 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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| Filing 35 REPLY support NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #20 filed by Plaintiff William Poe. (Attachments: #1 Proposed Order)(Moest, Robert) |
| Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #20 filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc.. (Cady, Steven) |
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Filing 33
TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) by Judge Manuel L. Real, The Court has determined that Motion to Dismiss Complaint filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc. #22 set for hearing on January 22, 2019 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of January 22, 2019 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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| Filing 32 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint #22 filed by Plaintiff William Poe. (Moest, Robert) |
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Filing 31
ORDER DENYING EX PARTE APPLICATION TO TAKE DEFENDANTS' MOTION TO DISMISS OFF CALENDAR #23 by Judge Manuel L. Real. (gk)
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Filing 30
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Brendan V. Sullivan, Jr. to Appear Pro Hac Vice on behalf of All Defendants, designating John M. LeBlanc as local counsel #13 . (gk)
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Filing 29
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney William R. Murray, Jr. to Appear Pro Hac Vice on behalf of All Defendants, designating John M. LeBlanc as local counsel #15 . (gk)
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Filing 28
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Steven M. Cady to Appear Pro Hac Vice on behalf of All Defendants, designating John M. LeBlanc as local counsel #14 . (gk)
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| Filing 27 RESPONSE IN SUPPORT of First EX PARTE APPLICATION to Reschedule to Take Defendants' Motion to Dismiss Off Calendar Pending Determination of Motion to Remand Or to Shorten Time for Hearing Motion #23 filed by Plaintiff William Poe. (Moest, Robert) |
| Filing 26 JOINT REPORT Rule 26(f) Discovery Plan Notice Regarding Early Meeting of Counsel and Rule 26(f) Report ; estimated length of trial 14 days, filed by Defendant Health Net, Inc... (LeBlanc, John) |
| Filing 25 PROOF OF SERVICE filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc., re Initial Order upon Filing of Complaint - form only #10 served on December 4, 2018. (Cady, Steven) |
| Filing 24 NOTICE of Interested Parties filed by plaintiff William Poe, (Moest, Robert) |
| Filing 23 First EX PARTE APPLICATION to Reschedule to Take Defendants' Motion to Dismiss Off Calendar Pending Determination of Motion to Remand Or to Shorten Time for Hearing Motion filed by plaintiff William Poe. (Attachments: #1 Proposed Order) (Moest, Robert) |
| Filing 22 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc.. Motion set for hearing on 1/22/2019 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum in Support of Motion, #2 Proposed Order) (LeBlanc, John) |
| Filing 21 NOTICE of Change of address by Robert C Moest attorney for Plaintiff William Poe. Changing attorneys address to 2530 Wilshire Boulevard, Second Floor, Santa Monica, California 90403. Filed by Plaintiff William Poe. (Moest, Robert) |
| Filing 20 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by plaintiff William Poe. Motion set for hearing on 2/19/2019 at 10:00 AM before Judge Manuel L. Real. (Moest, Robert) |
| Filing 19 NOTICE OF LODGING filed re Proposed Orders for Pro Hac Vice re Response By Court to Notice of Deficiencies (G-112B) - optional html form,, #18 (Attachments: #1 Proposed Order, #2 Proposed Order, #3 Proposed Order)(LeBlanc, John) |
| Filing 18 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney #13 , #14 , and #15 Counsel shall file a Notice of Lodging as a main document and attach proposed orders for each docket entry noted. A word or word perfect version of the proposed order must also be emailed to the chambers inbox as presribed in the Local Rules and Judge Real's online procedures. Failure to comply may lead to the striking of the deficient documents without further warning. (jre) |
| Filing 17 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Brendan V. Sullivan, Jr. to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833183) #13 , APPLICATION of Non-Resident Attorney William R. Murray, Jr. to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833395) #15 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Attached Certificate of Good Standing not issued within 30 days prior to filing of the application. (lt) |
| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Steven M. Cady to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833344) #14 . The following error(s) was/were found: Local Rule 83-2.1.3.3(b) Proposed order not attached. (lt) |
| Filing 15 APPLICATION of Non-Resident Attorney William R. Murray, Jr. to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833395) filed by Defendant Health Net, Inc.. (LeBlanc, John) |
| Filing 14 APPLICATION of Non-Resident Attorney Steven M. Cady to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833344) filed by Defendant Health Net, Inc.. (LeBlanc, John) |
| Filing 13 APPLICATION of Non-Resident Attorney Brendan V. Sullivan, Jr. to Appear Pro Hac Vice on behalf of Defendant Health Net, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22833183) filed by Defendant Health Net, Inc.. (LeBlanc, John) |
| Filing 12 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery) filed by Health Net, Inc. Health Net, Inc..(LeBlanc, John) |
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Filing 11
MINUTE ORDER (IN CHAMBERS) DISMISSING DOES by Judge Manuel L. Real: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more thanten Doe or fictitiously named parties. Accordingly, the Court hereby ORDERS Does Defendants 11-1000, inclusive, dismissed from this action. IT IS SO ORDERED. DOES (1 through 1000, inclusive) terminated. (yl)
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Filing 10
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
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| Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Steven M. Cady. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney William R. Murray, Jr.. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Brendan V. Sullivan, Jr.. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Charles F. Eick. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff William Poe in Los Angeles Superior Court on 8/31/2018, attached as Exhibit A. (jtil) |
| Filing 5 NOTICE to Adverse Parties filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc.. (LeBlanc, John) |
| Filing 4 NOTICE of Interested Parties filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc., identifying Health Net, Inc., Health Net Community Solutions, Inc., Health Net of California, Inc., Centene Corp., Centene Management Company, LLC. (LeBlanc, John) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc. identifying Centene Corporation as Corporate Parent. (LeBlanc, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Centene Corp., Centene Management Company, LLC, Health Net Community Solutions, Inc., Health Net of California, Inc., Health Net, Inc.. (LeBlanc, John) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number BC719420 Receipt No: 0973-22778368 - Fee: $400, filed by Defendants Centene Management Company, LLC, Health Net of California, Inc., Health Net Community Solutions, Inc., Health Net, Inc., Centene Corp.. (Attorney John M LeBlanc added to party Centene Corp.(pty:dft), Attorney John M LeBlanc added to party Centene Management Company, LLC(pty:dft), Attorney John M LeBlanc added to party Health Net Community Solutions, Inc.(pty:dft), Attorney John M LeBlanc added to party Health Net of California, Inc.(pty:dft), Attorney John M LeBlanc added to party Health Net, Inc.(pty:dft))(LeBlanc, John) |
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