Payman R. Emmanuel, M.D., Inc. v. Blue Cross Blue Shield of Illinois et al
| Payman R. Emmanuel, M.D., Inc. D/B/A Orthopedic & Spine Institute of Los Angeles and Payman R. Emmanuel, M.D., Inc. doing business as Orthopedic & Spine Institute of Los Angeles |
| State Farm Mutual Automobile Insurance Company, Blue Cross Blue Shield of Illinois and Does 1 through 100 |
| 2:2020cv11798 |
| December 31, 2020 |
| US District Court for the Central District of California |
| Charles F Eick |
| R Gary Klausner |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 20, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 51
ORDER ON RULE 41 STIPULATION FOR DISMISSAL WITH PREJUDICE #50 by Judge R. Gary Klausner that the action is DISMISSED WITH PREJUDICE. Each party to incur its own costs and attorney's fees. (Made JS-6. Case Terminated.) (jp)
|
| Filing 50 Joint STIPULATION to Dismiss Case pursuant to Rule 41 (a) (1) (ii) of the Federal rules of Civil Procedure filed by Plaintiff Payman R. Emmanuel, M.D., Inc.. (Attachments: #1 Proposed Order Proposed Order)(Williams, Richard) |
|
Filing 49
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Court has reviewed the Notice of Settlement filed on January 18, 2022 #48 . The parties are hereby notified that they are not relieved of any deadlines (including the filing of responsive documents, scheduled mediation, etc.) or Court appearances until a dismissal of the action is filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
|
| Filing 48 NOTICE of Settlement filed by Plaintiff Payman R. Emmanuel, M.D., Inc.. (Williams, Richard) |
|
Filing 47
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. The Court has reviewed the Minute Order #46 issued on November 12, 2021. The parties are hereby notified that they are not relieved of any deadlines or court appearances until a dismissal of the action is filed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
|
|
Filing 46
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick. Counsel for all parties have advised the Magistrate Judge's Courtroom Deputy Clerk that all parties have agreed to the settlement proposal made by the Magistrate Judge at the end of the November 10, 2021 settlement conference. Accordingly, this case has resolved in its entirety. (vmun)
|
|
Filing 45
SETTLEMENT CONFERENCE ORDER by Magistrate Judge Charles F. Eick. The telephonic settlement conference is set for Wednesday, the 10th day of November, 2021, at 1:30 p.m. A settlement conference statement of each party must be emailed directly to the chambers of the settlement judge (e_chambers@cacd.uscourts.gov), no later than 5:00 p.m. on November 3, 2021. (See document for further details) (vmun)
|
|
Filing 44
DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Extend Discovery Cut-Off Date #43 . (jp)
|
| Filing 43 STIPULATION to Extend Discovery Cut-Off Date to 12/10/2021 filed by Defendant Blue Cross Blue Shield of Illinois. (Attachments: #1 Proposed Order)(Shlesinger, Amir) |
| Filing 42 Notice of Appearance or Withdrawal of Counsel: for attorney Kevin Kroll counsel for Defendant Blue Cross Blue Shield of Illinois. Kevin C. Kroll 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 Blue Cross and Blue Shield of Illinois. (Kroll, Kevin) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney Avraham E Aizenman counsel for Defendant Blue Cross Blue Shield of Illinois. Adding Avraham E. Aizenman as counsel of record for Health Care Service Corporation dba Blue Cross Blue Shield of Illinois for the reason indicated in the G-123 Notice. Filed by Defendant Health Care Service Corporation dba Blue Cross Blue Shield of Illinois. (Attorney Avraham E Aizenman added to party Blue Cross Blue Shield of Illinois(pty:dft))(Aizenman, Avraham) |
| Filing 40 Notice of Appearance or Withdrawal of Counsel: for attorney Michelle L Cheng counsel for Defendant Blue Cross Blue Shield of Illinois. Adding Michelle L. Cheng as counsel of record for Health Care Service Corporation dba Blue Cross and Blue Shield of Illinois for the reason indicated in the G-123 Notice. Filed by Defendant Health Care Service Corporation dba Blue Cross and Blue Shield of Illinois. (Attorney Michelle L Cheng added to party Blue Cross Blue Shield of Illinois(pty:dft))(Cheng, Michelle) |
|
Filing 39
JOINT STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order #38 . (See document for details) (vmun)
|
| Filing 38 Joint STIPULATION for Protective Order filed by Defendants Blue Cross Blue Shield of Illinois.(Kroll, Kevin) |
|
Filing 37
ORDER/REFERRAL to ADR Procedure No. 1 by Judge R. Gary Klausner. Case ordered to Magistrate Judge Eick for Settlement Conference. ADR Proceeding to be held no later than December 10, 2021. (sw)
|
|
Filing 36
ORDER RE COURT TRIAL by Judge R. Gary Klausner. Pretrial Conference set for 1/24/2022 at 9:00 am. Court Trial set for 2/8/2022 at 9:00 am. See Order for details. (sw)
|
| Filing 35 MINUTES OF Scheduling Conference held before Judge R. Gary Klausner. Amended Pleadings due by 6/13/2021. Discovery cut-off 11/10/2021. Motions due by 11/24/2021. Pretrial Conference set for 1/24/2022 at 9:00 am. Court Trial set for 2/8/2022 at 9:00 am. Court Reporter: Mary Riordan Rickey. (sw) |
| Filing 34 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 2 days, filed by Plaintiff Payman R. Emmanuel, M.D., Inc... (Williams, Richard) |
| Filing 33 Plaintiff NOTICE of Interested Parties filed by Plaintiff Payman R. Emmanuel, M.D., Inc., identifying Payman R. Emmanuel, M.D Inc. dba Orthopedic & Spine Institute of Los Angeles; Blue Cross Blue Shield of Illinois; State Farm Mutual Insurance Company. (Williams, Richard) |
| Filing 32 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan Daniel Gershon counsel for Defendant Blue Cross Blue Shield of Illinois. Filed by Defendant Health Care Service Corporation, a mutual legal reserve company, doing business in Illinois as Blue Cross and Blue Shield of Illinois. (Gershon, Jonathan) |
| Filing 31 NOTICE of Appearance filed by attorney Kevin Kroll on behalf of Defendant Blue Cross Blue Shield of Illinois (Attorney Kevin Kroll added to party Blue Cross Blue Shield of Illinois(pty:dft))(Kroll, Kevin) |
| Filing 30 ANSWER to Complaint - (Discovery), filed by Defendant State Farm Mutual Automobile Insurance Company.(Jazaeri, Brian) |
| Filing 29 ANSWER to Complaint - (Discovery), filed by Defendant Blue Cross Blue Shield of Illinois.(Gershon, Jonathan) |
|
Filing 28
(IN CHAMBERS) Order Re: Defendant Blue Cross Blue Shield of Illinois's Motion to Dismiss [DE #19 ] by Judge R. Gary Klausner: The Court GRANTS in part and DENIES in Part BCBS's Motion to Dismiss. Specifically, the Court DISMISSES Plaintiff's quantum meruit claim, and DENIES BCBS's Motion as to Plaintiff's claim for breach of the implied covenant of good faith and fair dealing. (See Civil Minutes for further specifics). (jp)
|
|
Filing 27
ORDER ON JOINTSTIPULATION RE PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS COMPLAINT AND PLAINTIFF'S FAILURE TO RESPOND TO JOINDER OF STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY #26 by Judge R. Gary Klausner that State Farm shall be added as a Party with respect to Plaintiff's Opposition filed on February 8, 2021 (Dkt. #22 ). (jp)
|
| Filing 26 Joint STIPULATION to Correct Objection/Opposition (Motion related) #22 filed by Plaintiff Payman R. Emmanuel, M.D., Inc.. (Attachments: #1 Proposed Order Proposed Order)(Williams, Richard) |
|
Filing 25
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Blue Cross Blue Shield of Illinois' Motion to Dismiss Case #19 , calendared for hearing on March 1, 2021 has been taken under submission and off the motion calendar. No appearances by counsel are necessary. The court will review the matter without hearing any further arguments in person or on paper. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
|
| Filing 24 NOTICE OF NON-OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #19 Defendant State Farm Mutual Automobile Insurance Companys Notice of Plaintiffs Non-Opposition to Joinder in Defendant Health Care Service Corporations Reply in Support of Its Motion to Dismiss filed by Defendant State Farm Mutual Automobile Insurance Company. (Jazaeri, Brian) |
| Filing 23 REPLY In Support of NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Blue Cross Blue Shield of Illinois. (Gershon, Jonathan) |
| Filing 22 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Plaintiff Payman R. Emmanuel, M.D., Inc.. (Williams, Richard) |
|
Filing 21
(IN CHAMBERS) NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Defendant Blue Cross Blue Shield of Illinois Motion to Dismiss Case #19 , IS HEREBY CONTINUED TO 03/01/2021 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY
|
| Filing 20 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant State Farm Mutual Automobile Insurance Company. (Attachments: #1 Proposed Order Proposed Order Granting Defendant State Farm Mutual Automobile Joinder in Defendant Health Care Service Corporations Motion to Dismiss)(Jazaeri, Brian) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Blue Cross Blue Shield of Illinois. Motion set for hearing on 2/22/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration of Suzanne Livorsi, #3 Exhibit A to Declaration, #4 Supplement Request for Judicial Notice, #5 Exhibit A to RJN, #6 Proposed Order) (Gershon, Jonathan) |
|
Filing 18
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Dismiss Case #14 , for the following reasons: Document contains single-spaced text. LR 11-3.6 The motion may be refiled by 4:00 pm on January 22, 2021. (jp)
|
|
Filing 17
ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 5/3/2021. Scheduling Conference set for 5/10/2021 at 9:00 am. (sw)
|
| Filing 16 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Defendant State Farm Mutual Automobile Insurance Company. (Howard, Brianna) |
| Filing 15 NOTICE of Interested Parties filed by Defendant State Farm Mutual Automobile Insurance Company, identifying Plaintiff Payman R. Emmanuel, M.D., Inc., d/b/a Orthopedic & Spine Institute of Los Angeles; Defendant Health Care Service Corporation, a mutual legal reserve company, doing business in Illinois as Blue Cross and Blue Shield of Illinois; and State Farm. (Attorney Brianna Ricque Howard added to party State Farm Mutual Automobile Insurance Company(pty:dft))(Howard, Brianna) |
| Filing 14 [DOCUMENT STRICKEN PER ORDER DATED ON 1/22/2021, SEE DOCKET ENTRY NO. #18 ] - NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Blue Cross Blue Shield of Illinois. Motion set for hearing on 2/22/2021 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Memorandum, #2 Declaration of Suzanne Livorsi, #3 Exhibit A to Declaration, #4 Supplement Request for Judicial Notice, #5 Exhibit A to RJN, #6 Proposed Order) (Gershon, Jonathan). Modified on 1/22/2021 (jp). |
|
Filing 13
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Fernando M. Olguin, for the reasons set forth on this order. Related Case No. 2:20-cv-04657 FMO(AGRx) (rn)
|
| Filing 12 PROOF OF SERVICE filed by Defendant Blue Cross Blue Shield of Illinois, re Initial Order upon Filing of Complaint - form only #10 served on January 7, 2021. (Gershon, Jonathan) |
| Filing 11 Joint STIPULATION Extending Time to Answer the complaint as to State Farm Mutual Automobile Insurance Company answer now due 1/21/2021, re Complaint - (Discovery), filed by Defendant State Farm Mutual Automobile Insurance Company.(Attorney Brian M Jazaeri added to party State Farm Mutual Automobile Insurance Company(pty:dft))(Jazaeri, Brian) |
|
Filing 10
STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw)
|
| Filing 9 PROOF OF SERVICE filed by Defendant Blue Cross Blue Shield of Illinois, re Declaration #3 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 , Civil Cover Sheet (CV-71) #2 , Declaration #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Certificate/Notice of Interested Parties #5 served on January 4, 2021. (Gershon, Jonathan) |
| Filing 8 STIPULATION Extending Time to Answer the complaint as to Blue Cross Blue Shield of Illinois answer now due 1/21/2021, filed by Defendant Blue Cross Blue Shield of Illinois.(Gershon, Jonathan) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge Charles F. Eick. (esa) |
| COPY OF NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Payman R. Emmanuel, M.D., Inc., upon Defendant Blue Cross Blue Shield of Illinois acknowledgment sent by Plaintiff on 11/12/2020, signed by Jonathan Gershon of Blue Cross and Blue Shield of Illinois) (esa) |
| CONFORMED COPY OF COMPLAINT against defendants Blue Cross Blue Shield of Illinois, Does, State Farm Mutual Automobile Insurance Company, Jury Demanded, filed by plaintiff Payman R. Emmanuel, M.D., Inc. (filed in state court 11/9/20, submitted as document 1, attachment 1) (esa) |
| CONFORMED COPY OF PROOF OF SERVICE executed by Plaintiff Payman R. Emmanuel, M.D., Inc., upon Defendant State Farm Mutual Automobile Insurance Company served on 11/17/2020. Service of the Summons and Complaint were executed upon CSC, Agent for Service of Process, in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons returned. (filed in state court 12/3/20, submitted as document 1, attachment 1, p. 28) (esa) |
| Filing 5 NOTICE of Interested Parties filed by Defendant Blue Cross Blue Shield of Illinois, (Gershon, Jonathan) |
| Filing 4 DECLARATION of Lyle Rudin re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Blue Cross Blue Shield of Illinois. (Gershon, Jonathan) |
| Filing 3 DECLARATION of Norman K. Beck re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Blue Cross Blue Shield of Illinois. (Gershon, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Blue Cross Blue Shield of Illinois. (Gershon, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV42960 Receipt No: ACACDC-29803512 - Fee: $402, filed by Defendant Blue Cross Blue Shield of Illinois. (Attachments: #1 Exhibit State Court Complaint) (Attorney Jonathan Daniel Gershon added to party Blue Cross Blue Shield of Illinois(pty:dft))(Gershon, Jonathan) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
