Malibu Behavioral Health Services Inc. v. Magellan Healthcare, Inc. et al
Plaintiff: Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK, Malibu Behavioral Health Services Inc. and Malibu Behavioral Health Services Inc. on their own behalf, as assignee, and as attorney-in-fact of LK, doing business as South California Road to Recovery
Defendant: AmeriHealth New Jersey, Inc., Magellan Healthcare, Inc. and Amerihealth Insurance Company of New Jersey
Case Number: 2:2020cv01731
Filed: February 24, 2020
Court: US District Court for the Central District of California
Presiding Judge: Pedro V Castillo
Referring Judge: Otis D Wright
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 14, 2021 Filing 61 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: CORRECTED SECOND Amended Complaint/Petition, #60 . The following error(s) was/were found: Leave of court required for filing. Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No Filing on record seeking order for leave of court, with proposed order as an attachment, to correct errors in original second amended complaint. Errata cites filing re " clerical errors" found in causes of action in caption; incorrect date of signing, page 58; and various erroneous dates cited in various paragraphs.. (see errata for specifics). 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)
January 13, 2021 Filing 60 CORRECTED SECOND AMENDED COMPLAINT against Defendants Amerihealth Insurance Company of New Jersey, Magellan Healthcare, Inc. amending Amended Complaint/Petition, #58 , filed by PLAINTIFF Malibu Behavioral Health Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lavin, Matthew)
January 13, 2021 Filing 59 NOTICE OF ERRATA filed by Plaintiff Malibu Behavioral Health Services Inc.. correcting Amended Complaint/Petition, #58 (Lavin, Matthew)
January 6, 2021 Filing 58 SECOND AMENDED COMPLAINT against Defendants Amerihealth Insurance Company of New Jersey, Magellan Healthcare, Inc. amending Amended Complaint, #31 , filed by PLAINTIFF Malibu Behavioral Health Services Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lavin, Matthew)
December 23, 2020 Opinion or Order Filing 57 ORDER ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS FIRST AMENDEDCOMPLAINT #38 by Judge Otis D. Wright, II : The request to dismiss Malibu's fourth claim for breach of implied contract is DENIED. Malibu's second claim for breach of written contract premised on the Confirmations is DISMISSED with prejudice. Malibu's first, third, fifth, sixth, seventh, and eighth claims are DISMISSED with leave to amend, except that Malibu's eighth claim is DISMISSED with prejudice insofar as it is brought in Malibu's own name as LK's attorney-in-fact. To the extent the Court grants leave to amend, Malibu may file a Second Amended Complaint curing the deficiencies identified above within fourteen (14) 6 days of the date of this Order. If Malibu files an amended complaint, Defendants must file their response(s) in accordance with Rule 15(a)(3). If Malibu does not amend, AmeriHealth must file its answer to the F AC within thirty-five (35) days of the date of this Order. (lc)
December 22, 2020 Filing 56 NOTICE of Appearance filed by attorney Samuel Ross Blackmar on behalf of Plaintiff Malibu Behavioral Health Services Inc. (Attorney Samuel Ross Blackmar added to party Malibu Behavioral Health Services Inc.(pty:pla))(Blackmar, Samuel)
November 30, 2020 Filing 54 Notice of Appearance or Withdrawal of Counsel: for attorney Matthew M. Lavin counsel for Plaintiff Malibu Behavioral Health Services Inc.. Jennifer R. Liakos 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's Counsel Matthew M. Lavin. (Lavin, Matthew)
November 27, 2020 Opinion or Order Filing 55 ORDER GRANTING APPLICATION of Non-Resident Attorney Francis X. Manning to Appear Pro Hac Vice on behalf of Defendant Amerihealth Insurance Company of New Jersey and designating Krista Hernandez as local counsel #53 by Judge Otis D. Wright, II (lc)
November 25, 2020 Filing 53 APPLICATION of Non-Resident Attorney Francis X. Manning to Appear Pro Hac Vice on behalf of Defendant Amerihealth Insurance Company of New Jersey (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29210487) filed by Defendant Amerihealth Insurance Company of New Jersey. (Attachments: #1 Proposed Order On Application of Non-Resident Attorney to Appear In a Specific Case Pro Hac Vice) (Hernandez, Krista)
October 29, 2020 Opinion or Order Filing 52 STIPULATED PROTECTIVE ORDER by Magistrate Judge Pedro V. Castillo re Stipulation for Protective Order #51 . (see document for details). (et)
October 28, 2020 Filing 51 STIPULATION for Protective Order filed by Defendant Magellan Healthcare, Inc..(Collins, John)
October 8, 2020 Filing 50 NOTICE of Change of address by Cindy Mekari Rucker attorney for Defendant Magellan Healthcare, Inc.. Changing attorneys address to 1925 Century Park East, Suite 1700, Los Angeles, CA 90067. Filed by Defendant Magellan Healthcare, Inc.. (Rucker, Cindy)
August 14, 2020 Filing 49 DISCLOSURE of Witnesses and Documents (Rule 26(a)(1)) filed by Defendant Amerihealth Insurance Company of New Jersey (Hernandez, Krista)
August 11, 2020 Filing 48 NOTICE OF FILING EXHIBITS filed by PLAINTIFF Malibu Behavioral Health Services Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lavin, Matthew)
August 10, 2020 Filing 47 The hearing on the MOTION to Dismiss #38 , scheduled for August 17, 2020 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
August 10, 2020 Opinion or Order Filing 46 MINUTE ORDER (IN CHAMBERS) by Judge Otis D. Wright, II: The Court hereby directs the Clerk of the Court to SEAL all documents filed under ECF No. 32. Further, the Court ORDERS Plaintiff to re-file redacted versions of Exhibits AD to the FAC by August 14, 2020. To the extent they are relevant to the issues raised, the Court will consider the re-filed, redacted exhibits for purposes of resolving the pending Motion to Dismiss filed on July 13, 2020 (ECF No. 38), but only if Plaintiff files the redacted exhibits by the above deadline. IT IS SO ORDERED. (See minutes for further details) (yl)
August 4, 2020 Opinion or Order Filing 45 ORDER/REFERRAL to ADR Procedure No 3 by Judge Otis D. Wright, II. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. (yl)
August 4, 2020 Filing 44 SCHEDULING AND CASEMANAGEMENT ORDER FOR CASES ASSIGNED TO JUDGE OTIS D. WRIGHT. Final Pretrial Conference set for 6/28/2021 at 1:30 PM. Jury Trial set for 7/27/2021 at 9:00 AM. (SEE ORDER FOR FURTHER DETAILS) (yl)
August 3, 2020 Filing 43 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff Malibu Behavioral Health Services Inc... (Lavin, Matthew)
August 3, 2020 Filing 42 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 filed by Defendant Amerihealth Insurance Company of New Jersey. (Hernandez, Krista)
July 27, 2020 Filing 41 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint #38 filed by Plaintiff Malibu Behavioral Health Services Inc.. (Lavin, Matthew)
July 13, 2020 Filing 40 CORPORATE DISCLOSURE STATEMENT filed by Defendant Amerihealth Insurance Company of New Jersey identifying Independence Health Group, Inc. as Corporate Parent. (Hernandez, Krista)
July 13, 2020 Filing 39 NOTICE of Interested Parties filed by Defendant Amerihealth Insurance Company of New Jersey, identifying Independence Health Group, Inc.. (Hernandez, Krista)
July 13, 2020 Filing 38 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Amerihealth Insurance Company of New Jersey. Motion set for hearing on 8/17/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Charles Kiehl Cauthorn Supporting Defendant Amerihealth Insurance Company of New Jersey's Notice of Motion and Motion to Dismiss First Amended Complaint, #2 Exhibit of Francis X. Manning Supporting Defendant Amerihealth Insurance Company of New Jersey's Notice of Motion and Motion to Dismiss First Amended Complaint, #3 Proposed Order Granting Defendant Amerihealth Insurance Company of New Jersey's Motion to Dismiss First Amended Complaint) (Attorney Krista L Hernandez added to party Amerihealth Insurance Company of New Jersey(pty:dft)) (Hernandez, Krista)
July 1, 2020 Filing 37 Amended NOTICE of Interested Parties filed by Defendant Magellan Healthcare, Inc., identifying Magellan Health, Inc., Blackrock, Inc.. (Rucker, Cindy)
May 29, 2020 Filing 36 ANSWER to Amended Complaint, #31 filed by Defendant Magellan Healthcare, Inc..(Rucker, Cindy)
May 14, 2020 Filing 35 WAIVER OF SERVICE Returned Executed filed by Plaintiff Malibu Behavioral Health Services Inc.. upon Amerihealth Insurance Company of New Jersey waiver sent by Plaintiff on 5/13/2020, answer due 7/13/2020. Waiver of Service signed by Francis X. Manning, Esq., Attorney for AmeriHealth Insurance Company of New Jersey. (Lavin, Matthew)
May 11, 2020 Filing 34 21 DAY Summons Issued re First Amended Complaint #31 as to defendant Amerihealth Insurance Company of New Jersey. (lc)
May 8, 2020 Filing 33 Request for Clerk to Issue Summons on Amended Complaint #31 filed by Plaintiff Malibu Behavioral Health Services Inc.. (Lavin, Matthew)
May 8, 2020 Filing 32 **UNDER SEAL** NOTICE OF FILING EXHIBITS TO AMENDED COMPLAINT filed by PLAINTIFF Malibu Behavioral Health Services Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lavin, Matthew) Modified on 8/10/2020 (yl).
May 8, 2020 Filing 31 FIRST AMENDED COMPLAINT against defendants Amerihealth Insurance Company of New Jersey , Magellan Healthcare, Inc. amending Complaint (Attorney Civil Case Opening); terminating AmeriHealth New Jersey, Inc., #1 JURY DEMAND, filed by plaintiff Malibu Behavioral Health Services Inc.(lc) Modified on 5/11/2020 (lc).
May 8, 2020 Opinion or Order Filing 30 ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT #29 . Defendant Magellan Healthcare, Inc.s responsive pleadings shall be due 21 days after the First Amended Complaint for Damages is filed. The First Amended Complaint for Damagesis deemed filed as of the date this Order by Judge Otis D. Wright, II (lc)
May 7, 2020 Filing 29 Joint STIPULATION to Amend filed by Plaintiff Malibu Behavioral Health Services Inc.. (Attachments: #1 Exhibit, #2 Proposed Order)(Lavin, Matthew)
April 28, 2020 Filing 28 PROOF OF SERVICE Executed by Plaintiff Malibu Behavioral Health Services Inc., upon Defendant AmeriHealth New Jersey, Inc. served on 4/20/2020, answer due 5/11/2020. Service of the Summons and Complaint were executed upon CT Corporation System, Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Lavin, Matthew)
April 23, 2020 Opinion or Order Filing 27 ORDER that the Scheduling Conference is set for 8/10/2020 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc)
April 23, 2020 Filing 26 NOTICE of Interested Parties filed by Defendant Magellan Healthcare, Inc., identifying Magellan Health, Inc.. (Rucker, Cindy)
April 23, 2020 Filing 25 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Magellan Healthcare, Inc..(Rucker, Cindy)
April 20, 2020 Opinion or Order Filing 24 ORDER GRANTING APPLICATION of Non-Resident Attorney Joshua R. Hess to Appear Pro Hac Vice on behalf of Defendant Magellan Healthcare, Inc. and designating Cindy M. Rucker as local counsel #20 by Judge Otis D. Wright, II. (lc)
April 20, 2020 Opinion or Order Filing 23 ORDER GRANTING APPLICATION of Non-Resident Attorney John David Collins to Appear Pro Hac Vice on behalf of Defendant Magellan Healthcare, Inc. and designating John David Collins as local counsel #19 by Judge Otis D. Wright, II (lc)
April 16, 2020 Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening),, #1 as to defendant AmeriHealth New Jersey, Inc. (lc)
April 15, 2020 Filing 21 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Malibu Behavioral Health Services Inc.. (Lavin, Matthew)
April 14, 2020 Filing 20 APPLICATION of Non-Resident Attorney Joshua R. Hess to Appear Pro Hac Vice on behalf of Defendant Magellan Healthcare, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26083973) filed by Defendant Magellan Healthcare, Inc.. (Attachments: #1 Proposed Order, #2 Certificate of Good Standing) (Rucker, Cindy)
April 14, 2020 Filing 19 APPLICATION of Non-Resident Attorney John David Collins to Appear Pro Hac Vice on behalf of Defendant Magellan Healthcare, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26083646) filed by Defendant Magellan Healthcare, Inc.. (Attachments: #1 Proposed Order, #2 Certificates of Good Standing) (Rucker, Cindy)
April 9, 2020 Filing 18 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant AmeriHealth New Jersey, Inc. #17 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in complaint. The Complaint states Incorporated. (yl)
April 8, 2020 Filing 17 REQUEST for Clerk to Enter Default against Defendant AmeriHealth New Jersey, Inc. filed by Plaintiff Malibu Behavioral Health Services Inc.. (Lavin, Matthew)
April 6, 2020 Filing 16 PROOF OF SERVICE Executed by Plaintiff Malibu Behavioral Health Services Inc., upon Defendant AmeriHealth New Jersey, Inc. served on 3/5/2020, answer due 3/26/2020. Service of the Summons and Complaint were executed upon Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Lavin, Matthew)
March 27, 2020 Opinion or Order Filing 15 ORDER GRANTING APPLICATION of Non-Resident Attorney Matthew M. Lavin to Appear Pro Hac Vice on behalf of Plaintiff Malibu Behavioral Health Services Inc. and designating Wendy A. Mitchell as local counsel #14 by Judge Otis D. Wright, II (lc)
March 24, 2020 Filing 14 APPLICATION of Non-Resident Attorney Matthew M. Lavin to Appear Pro Hac Vice on behalf of Plaintiff Malibu Behavioral Health Services Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-25834220) filed by Plaintiff Malibu Behavioral Health Services Inc.. (Attachments: #1 Proposed Order) (Mitchell, Wendy)
March 19, 2020 Opinion or Order Filing 13 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff Malibu Behavioral Health Services, Inc. d/b/a South California Road to Recovery and Defendant Magellan Healthcare, Inc. by and through their respective counsel of record #12 , having stipulated that Defendant shall have until April 23, 2020 to respond to Plaintiffs Complaint, for good cause shown,IT IS HEREBY ORDERED. (lc)
March 19, 2020 Filing 12 Joint STIPULATION Extending Time to Answer the complaint as to Magellan Healthcare, Inc. answer now due 4/23/2020, filed by Defendant Magellan Healthcare, Inc..(Attorney Cindy Mekari Rucker added to party Magellan Healthcare, Inc.(pty:dft))(Rucker, Cindy)
March 18, 2020 Filing 11 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice to Appearance or Withdrawal of Counsel G123. 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. (ak)
March 17, 2020 Filing 10 NOTICE of Appearance filed by attorney Wendy A Mitchell on behalf of Plaintiff Malibu Behavioral Health Services Inc. (Attorney Wendy A Mitchell added to party Malibu Behavioral Health Services Inc.(pty:pla))(Mitchell, Wendy)
March 11, 2020 Filing 9 PROOF OF SERVICE Executed by Plaintiff Malibu Behavioral Health Services Inc., upon Defendant Magellan Healthcare, Inc. served on 3/3/2020, answer due 3/24/2020. Service of the Summons and Complaint were executed upon CSC Lawyers Inc Service, Inc- Agent for Service of Process in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Liakos, Jennifer)
February 28, 2020 Opinion or Order Filing 8 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Otis D. Wright, II for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20-cv-01731 ODW(PVCx). (rn)
February 26, 2020 Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants AmeriHealth New Jersey, Inc. and Magellan Healthcare, Inc.. (Attachments: #1 Amerihealth) (jtil)
February 25, 2020 Filing 6 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Pedro V. Castillo. (jtil)
February 24, 2020 Filing 5 Certification and NOTICE of Interested Parties filed by Plaintiff Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK, (Liakos, Jennifer)
February 24, 2020 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK. (Liakos, Jennifer)
February 24, 2020 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiff Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK. (Liakos, Jennifer)
February 24, 2020 Filing 2 CIVIL COVER SHEET filed by Plaintiff Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK. (Liakos, Jennifer)
February 24, 2020 Filing 1 COMPLAINT Receipt No: ACACDC-25477714 - Fee: $400, filed by Plaintiff Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Attorney Jennifer R Liakos added to party Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK(pty:pla))(Liakos, Jennifer)

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Defendant: AmeriHealth New Jersey, Inc.
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Defendant: Magellan Healthcare, Inc.
Represented By: Joshua R Hess
Represented By: Cindy Mekari Rucker
Represented By: John David Collins
Represented By: Joshua R. Hess
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Defendant: Amerihealth Insurance Company of New Jersey
Represented By: Francis X. Manning
Represented By: Krista L. Hernandez
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Plaintiff: Malibu Behavioral Health Services Inc., D/B/A South California Road To Recovery, on their own behalf, as assignee, and as attorney-in-fact of LK
Represented By: Jennifer R Liakos
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Plaintiff: Malibu Behavioral Health Services Inc.
Represented By: Jennifer R Liakos
Represented By: Matthew M Lavin
Represented By: Wendy A Mitchell
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Plaintiff: Malibu Behavioral Health Services Inc. on their own behalf, as assignee, and as attorney-in-fact of LK, doing business as South California Road to Recovery
Represented By: Jennifer R Liakos
Represented By: Matthew M Lavin
Represented By: Wendy A Mitchell
Represented By: Matthew M. Lavin
Represented By: Samuel Ross Blackmar
Represented By: Wendy A. Mitchell
Represented By: Jennifer R. Liakos
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