Avanguard Surgery Center, LLC v. Cigna Healthcare of California, Inc., et al
| Avanguard Surgery Center, LLC, a California Limited Liability Company and Avanguard Surgery Center, LLC |
| Cigna Healthcare of California, Inc., a California Corporation, DOES 1 through 50, inclusive, Cigna Health and Life Insurance Company, a Connecticut Corporation, Cigna Health and Life Insurance Company and Cigna Healthcare of California, Inc. |
| 2:2020cv03405 |
| April 13, 2020 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| Otis D Wright |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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Filing 37
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: In light of Plaintiffs Notice of Settlement #33 , the Court ordered the parties to file a dismissal that complies with Federal Rule of Civil Procedure 41 no later than April 18, 2022. On April 18, 2022, the parties filed a Joint Statement Regarding the Status of Settlement. Although the parties did not expressly request an extension of the deadline to file dismissal documents, the Court has given the parties the additional week they at least impliedly requested. Yet, as of todays date, no Rule 41-compliant dismissal has been filed. Accordingly, the Court concludes that the parties consent to dismissal of the action. The case is DISMISSED. Any remaining dates and deadlines are VACATED. The Clerk of the Court shall close the case. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc)
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Filing 36
STATEMENT Regarding Status of Settlement (Selesnick, Andrew)
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Filing 35
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. In light of Plaintiff's Notice of Settlement, (ECF No. 33), indicating that the case has settled in its entirety, this action is placed on inactive status. The parties are ORDERED to file, no later than April 18, 2022, a dismissal that complies with Federal Rule of Civil Procedure 41. (lom)
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Filing 34
ORDER RE: STIPULATION TO CONTINUE EXPERT DISCLOSURE DEADLINES #32 by Judge Otis D. Wright, II: Expert Deadlines modified as: Expert Disclosure: May 2, 2022; Rebuttal Expert Disclosure: May 16, 2022. (lc)
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Filing 33
NOTICE of Settlement filed by Plaintiff Avanguard Surgery Center, LLC. (Selesnick, Andrew)
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Filing 32
STIPULATION to Continue Expert Disclosure Deadlines filed by Plaintiff Avanguard Surgery Center, LLC. (Attachments: #1 Proposed Order)(Selesnick, Andrew)
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Filing 31
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: ORDER DENYING SECOND STIPULATION TO MODIFY SCHEDULING ORDER #30 . Court currently finds no good cause to modify the scheduling order, and the Stipulation is accordingly DENIED. If, after the March 24, 2022 mediation, there are concrete reasons supporting a trial continuance, the parties may renew their continuance request supported by those reasons. (lc)
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Filing 30
STIPULATION for Order Modify Scheduling Order filed by Plaintiff Avanguard Surgery Center, LLC. (Attachments: #1 Proposed Order)(Selesnick, Andrew)
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Filing 29
MINUTE ORDER (In Chambers): by Judge Otis D. Wright, II. Having reviewed the parties Stipulation to Modify Scheduling Order (ECF No. #28 ) and for good cause shown, the Court hereby amends the Scheduling Order for this case and adjusts the Case Schedule as follows: Percipient / Fact Discovery Cutoff May 9, 2022. Expert Discovery Cutoff May 30, 2022. Deadline to Conduct Settlement Conference June 20, 2022. Deadline for Hearing Motions June 27, 2022. Deadline to file August 8, 2022 - Proposed Pretrial Conference Order, Memoranda and Contentions of Fact and Law, Joint Witness List, Joint Exhibit List and Exhibit Stipulation, Proposed Verdict Form(s), Proposed Jury Instructions / Disputed Jury Instructions, Proposed Voir Dire Questions, Joint Statement of the Case, Joint Status Report re: Settlement, Final Pretrial Conference August 15, 2022 at 1:30 p.m., Deadline to File Motions in Limine August 15, 2022; Deadline to File Oppositions to Motions in Limine August 22, 2022.Hearing on Motions in Limine at 1:30 p.m. August 29, 2022.Deadline to File Final Trial Exhibit Stipulation September 8, 2022.Trial at 9:00 a.m. September 13, 2022. (lom)
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Filing 28
STIPULATION for Order To Modify Scheduling Order filed by Plaintiff Avanguard Surgery Center, LLC. (Attachments: #1 Proposed Order)(Selesnick, Andrew)
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Filing 27
Notice of Electronic Filing re Notice of Appearance or Withdrawal of Counsel (G-123), #26 e-mailed to Gemma Karapetyan at gkarapetyan@buchalter.com bounced due to Invalid email address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ir) TEXT ONLY ENTRY
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Filing 26
Notice of Appearance or Withdrawal of Counsel: for attorney Andrew H Selesnick counsel for Plaintiff Avanguard Surgery Center, LLC. Adding Thomas C. Rickeman as counsel of record for Avanguard Surgery Center, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Avanguard Surgery Center, LLC. (Selesnick, Andrew)
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Filing 25
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. (lc)
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Filing 24
SCHEDULING AND CASE MANAGEMENT ORDER (JURY TRIAL) by Judge Otis D. Wright, II. This Order is to advise the parties and counsel of the schedule that will govern this case. THE SCHEDULING CONFERENCE IS VACATED. Schedule of Trial and Pretrial Dates: Jury Trial : 3/15/22 9:00 AM; Hearing on Motions in Limine: 3/7/22 1:30 PM; Final Pretrial Conference: 2/14/22 1:30 PM. SEE THE LAST PAGE OF THIS ORDER FOR THE SPECIFIED DATES. (lc) Modified on 1/6/2021 (lc).
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Filing 23
JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Avanguard Surgery Center, LLC.. (Selesnick, Andrew)
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Filing 22
STIPULATED PROTECTIVE ORDER by Magistrate Judge Rozella A. Oliver re Stipulation for Protective Order #21 (dml)
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Filing 21
Joint STIPULATION for Protective Order filed by Defendant Cigna Health and Life Insurance Company.(Hill, Courtney)
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Filing 20
ORDER that the Scheduling Conference is set for January 11, 2021 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)
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Filing 19
ANSWER to Complaint - (Discovery), filed by Defendant Cigna Health and Life Insurance Company.(Hill, Courtney)
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Filing 18
ORDER GRANTING DEFENDANTS MOTION TO DISMISS #13 by Judge Otis D. Wright, II: The Court GRANTS Cignas Motion and DISMISSES Plaintiffs third through seventh causes of action with leave to amend. Plaintiff may file a First Amended Complaint curing the deficiencies identified in this Order within 14 days of this Order. If Plaintiff does not so file a First Amended Complaint, Cigna shall answer within 21 days of this Order. (lc)
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Filing 17
The hearing on the MOTION to Dismiss #13 , scheduled for June 29, 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
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Filing 16
REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Claims for Relief #13 filed by Defendant Cigna Health and Life Insurance Company. (Hill, Courtney)
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| Filing 15 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Claims for Relief #13 filed by Plaintiff Avanguard Surgery Center, LLC. (Selesnick, Andrew) |
| Filing 14 NOTICE of Interested Parties filed by Plaintiff Avanguard Surgery Center, LLC, identifying Vladimir Zeetser, Allen Cohen, Gary Bellman, Vladimir Grigoryants, Michael Bublik, and Greg Khounganian MD Inc. (Selesnick, Andrew) |
| Filing 13 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Claims for Relief filed by Defendant Cigna Health and Life Insurance Company. Motion set for hearing on 6/29/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Memorandum of P&A ISO Motion to Dismiss, #2 Declaration ISO MTD, #3 Proposed Order) (Hill, Courtney) |
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Filing 12
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Pursuant to Federal Rule of Civil Procedure 41(a) or (c) and Plaintiffs Notice of Dismissal #11 . Plaintiff dismisses Defendant Cigna Healthcare of California, Inc. Therefore, Defendant Cigna Healthcare of California, Inc. is terminated as a party in this action. (lc)
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| Filing 11 NOTICE OF DISMISSAL PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE filed by Defendants Avanguard Surgery Center, LLC. (Selesnick, Andrew) |
| Filing 10 NOTICE Confirming Notification to State Court of Removal filed by Defendants Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc.. (Hill, Courtney) |
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Filing 9
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Plaintiff Avanguard Surgery Center, LLC and Defendants Cigna Healthcare of California, Inc. and Defendant Cigna Health and Life Insurance Company by and through their respective counsel of record #8 , having stipulated that Defendant shall have until May 20, 2020 to respond to Plaintiffs Complaint, for good cause shown, IT IS HEREBY ORDERED. (lc)
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| Filing 8 Joint STIPULATION Extending Time to Answer the complaint as to Cigna Health and Life Insurance Company answer now due 5/20/2020; Cigna Healthcare of California, Inc. answer now due 5/20/2020, re Complaint - (Discovery), filed by Defendants Cigna Health and Life Insurance Company; Cigna Healthcare of California, Inc..(Hill, Courtney) |
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Filing 7
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information.. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Rozella A. Oliver. (car) |
| Filing 4 PROOF OF SERVICE filed by Defendants Cigna Health and Life Insurance Company, a Connecticut Corporation, Cigna Healthcare of California, Inc., a California Corporation, re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties,,,, #3 , Notice of Removal (Attorney Civil Case Opening),,, #1 served on 04/13/20. (Hill, Courtney) |
| CONFORMED COPY OF COMPLAINT against Defendants Cigna Health and Life Insurance Company, Cigna Healthcare of California, Inc., Does 1 through 50, inclusive. Jury Demanded, filed by Plaintiff Avanguard Surgery Center, LLC. Filed in State Court on 1/15/2020 Submitted with Attachment 3 Exhibit A to Notice of Removal #1 (car) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Cigna Health and Life Insurance Company, a Connecticut Corporation, Cigna Healthcare of California, Inc., a California Corporation, identifying Defendant Cigna Healthcare of California, Inc., a wholly owned subsidiary of Healthsource, Inc., which is a wholly owned subsidiary of Cigna Health Corporation, which is a wholly owned subsidiary of Connecticut General Corporation; Defendant Cigna Health and Life Insurance Company is a wholly owned subsidiary of Connecticut General Life Insurance Company, which is a wholly owned subsidiary of Connecticut General Corporation. Connecticut General Corporation is a wholly owned subsidiary of Cigna Holdings, Inc., which is a wholly owned subsidiary of Cigna Holding Company. Cigna Holding Company is a wholly owned subsidiary of Cigna Corporation. (Attorney Norvik Azarian added to party Cigna Health and Life Insurance Company, a Connecticut Corporation (pty:dft), Attorney Norvik Azarian added to party Cigna Healthcare of California, Inc., a California Corporation(pty:dft))(Azarian, Norvik) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Cigna Health and Life Insurance Company, a Connecticut Corporation, Cigna Healthcare of California, Inc., a California Corporation. (Hill, Courtney) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV01800 Receipt No: ACACDC-26063462 - Fee: $400, filed by Defendants Cigna Health and Life Insurance Company, a Connecticut Corporation, Cigna Healthcare of California, Inc., a California Corporation. (Attachments: #1 Declaration of Rhonda Anderson ISO Removal, #2 Declaration of Courtney Hill ISO Removal, #3 Exhibit A to Hill Declaration, #4 Exhibit B to Hill Declaration, #5 Exhibit C to Hill Declaration, #6 Exhibit D to Hill Declaration) (Attorney Courtney C Hill added to party Cigna Health and Life Insurance Company, a Connecticut Corporation (pty:dft), Attorney Courtney C Hill added to party Cigna Healthcare of California, Inc., a California Corporation(pty:dft))(Hill, Courtney) |
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