In Re: Silver Peaks, LLC v. CareMore Health Plan
Plaintiff: SILVER PEAKS, LLC
Defendant: CareMore Health Plan, Country Villa Claremont Health Care Center, Inc., Country Villa Claremont, Rockport Healthcare Support Services, LLC and DOES 1-10
Case Number: 2:2021cv04608
Filed: June 4, 2021
Court: US District Court for the Central District of California
Presiding Judge: Fernando L Aenlle-Rocha
Referring Judge: Patricia Donahue
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28:1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2021 Filing 35 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (lom)
July 29, 2021 Filing 34 RULING GRANTING PLAINTIFF'S MOTION TO REMAND #23 AND DENYING DEFENDANT CAREMORE'S MOTION TO DISMISS #24 AS MOOT by Judge Fernando L. Aenlle-Rocha. For the foregoing reasons, the court GRANTS Plaintiff's Motion to Remand (Dkt. #23 ). Defendant CareMore's Motion to Dismiss (Dkt. #24 ) is DENIED as moot. IT IS SO ORDERED. ( MD JS-6. Case Terminated ) (lom)
July 27, 2021 Opinion or Order Filing 33 TEXT ENTRY (IN CHAMBERS) ORDER TAKING PLAINTIFFS MOTION TO REMAND #23 AND CAREMORE HEALTH PLAN'S MOTION TO DISMISS COMPLAINT #24 UNDER SUBMISSION by Judge Fernando L. Aenlle-Rocha: The Court finds that the motions currently scheduled for hearing on July 30, 2021, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. No appearances are necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
July 21, 2021 Filing 32 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Rockport Healthcare Support Services, LLC (lc)
July 20, 2021 Filing 31 REQUEST for Clerk to Enter Default against Defendant Rockport Healthcare Support Services, LLC filed by Plaintiff Silver Peaks, LLC. (Attachments: #1 Exhibit Proof of Service of Summons) (Hill, Crystal)
July 16, 2021 Filing 30 REPLY Reply re Plaintiff's Non Opposition NOTICE OF MOTION AND MOTION to Dismiss Case #24 filed by Defendant CareMore Health Plan. (Lewis, Carol)
July 13, 2021 Filing 29 NOTICE of Related Case(s) filed by DEFENDANT CareMore Health Plan. AMENDED NOTICE Related Case(s): 8:21-cv-01115-JLS-ADS; 2:21-cv-05355-FLA-PD; 8:21-cv-01149-JVS-JDE; 2:21-cv-05564-SVW-MAA; 8:21-cv-01188-DOC-DFM (Lewis, Carol)
July 8, 2021 Filing 28 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse #23 filed by Defendant CareMore Health Plan. (Lewis, Carol)
July 7, 2021 Filing 27 NOTICE of Interested Parties filed by Silver Peaks, LLC., Plaintiff Silver Peaks, LLC, identifying Defendants Caremore Health Plan; Country Villa Claremont; Rockport Healthcare Services. (Hill, Crystal)
July 6, 2021 Opinion or Order Filing 26 (IN CHAMBERS) ORDER RE DEFICIENCIES IN PLAINTIFFS MOTION TO REMAND #23 by Judge Fernando L. Aenlle-Rocha: Please take notice that pursuant to Local Rule 7-1.1, a notice of interested parties shall be filed upon a party's first appearance. Counsel shall file a notice of interested parties no later than close of business today. Failure to file the notice may result in the document being stricken. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
July 2, 2021 Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse #23 by plaintiff. The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. 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)
July 1, 2021 Filing 24 NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANT CareMore Health Plan. Motion set for hearing on 7/30/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Lewis, Carol)
July 1, 2021 Filing 23 NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse filed by Plaintiff Silver Peaks, LLC. Motion set for hearing on 7/30/2021 at 01:30 PM before Judge Fernando L. Aenlle-Rocha. (Attachments: #1 Proposed Order) (Hill, Crystal)
June 28, 2021 Filing 22 NOTICE of Related Case(s) filed by DEFENDANT CareMore Health Plan. Related Case(s): 8:21-cv- 01115-JLS-ADS (Lewis, Carol)
June 16, 2021 Opinion or Order Filing 21 TEXT ENTRY (IN CHAMBERS) ORDER DEEMING DEFENDANT CAREMORE HEALTH PLAN'S EX PARTE APPLICATION TO STRIKE PLAINTIFF'S MOTION TO REMAND AS MOOT (DKT.(17)] by Judge Fernando L. Aenlle-Rocha: In light of Plaintiff's Notice of Withdrawal of Plaintiff's Motion to Remand (Dkt.(18)], the Ex Parte Application is denied as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
June 16, 2021 Opinion or Order Filing 20 INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv)
June 15, 2021 Filing 19 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION for Order for To Strike Plaintiff's Motion to Remand #17 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Missing proposed order. As an alternative, prepare and e-file a formal Notice of Lodging, to be docketed only under its specific event: Notice of Lodging, to which the formal proposed order is submitted as Separate Attachment thereto. 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)
June 14, 2021 Filing 18 Notice of Withdrawal of Motion to Remand Case to State Court #14 filed by Plaintiif Silver Peaks, LLC. (Hill, Crystal)
June 14, 2021 Filing 17 EX PARTE APPLICATION for Order for To Strike Plaintiff's Motion to Remand filed by DEFENDANT CareMore Health Plan. (Attachments: #1 Declaration CBL ISO Motion to Strike Remand) (Lewis, Carol)
June 14, 2021 Filing 16 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge Fernando L. Aenlle-Rocha for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Patricia Donahue. The case number will now reflect the initials of the transferee Judges 2:21-cv-04608 FLA(PDx). (rn)
June 14, 2021 Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Remand Case #14 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): See L.R. 6-1. You need not take any action in response to this notice unless and until the Court directs you to do so. (hr)
June 13, 2021 Filing 14 ***WITHDRAWN REFER TO DOCKET NUMBER 18***Fourteenth NOTICE OF MOTION AND MOTION to Remand Case to Stanley Mosk Courthouse filed by Plaintiff Silver Peaks, LLC. Motion set for hearing on 7/6/2021 at 10:00 AM before Magistrate Judge Alka Sagar. (Hill, Crystal) Modified on 6/16/2021 (vv).
June 9, 2021 Opinion or Order Filing 13 ORDER by Magistrate Judge Alka Sagar: granting #9 EX PARTE APPLICATION for Extension of Time to Answer. Defendant CareMore shall have up to and including July 9, 2021 to answer, move or otherwise plead to Plaintiffs' Complaint. (hr)
June 9, 2021 Filing 12 Amendment to First EX PARTE APPLICATION to Extend Time to File Answer to 7/9/2021 re Complaint - (Discovery) #9 Addendum to Plaintiff's Silver Peaks, LLC. Opposition to Ex Parte Request for Extension of Time; Declaration of Attorney Crystal Hayes Hill filed by Plaintiff Silver Peaks, LLC. (Hill, Crystal)
June 9, 2021 Filing 11 OPPOSITION to First EX PARTE APPLICATION to Extend Time to File Answer to 7/9/2021 re Complaint - (Discovery) #9 Plaintiff's Opposition to Ex Parte Request for Extension of Time for Defendant Caremore to File Answer filed by Plaintiff Silver Peaks, LLC. (Hill, Crystal)
June 8, 2021 Filing 10 PROOF OF SERVICE filed by Defendant CareMore Health Plan, re First EX PARTE APPLICATION to Extend Time to File Answer to 7/9/2021 re Complaint - (Discovery) #9 served on June 8, 2021. (Lewis, Carol)
June 8, 2021 Filing 9 First EX PARTE APPLICATION to Extend Time to File Answer to 7/9/2021 re Complaint - (Discovery) filed by Defendant CareMore Health Plan. (Attachments: #1 Declaration of Carol B. Lewis ISO Exparte Application, #2 Proposed Order) (Lewis, Carol)
June 7, 2021 Opinion or Order Filing 8 MINUTE (In Chambers) ORDER by Magistrate Judge Alka Sagar. This action has been assigned to the calendar of Magistrate Judge Alka Sagar under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. (hr)
June 7, 2021 Filing 7 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV11C) (jtil)
June 4, 2021 CONFORMED COPY OF COMPLAINT filed by Plaintiff Silver Peaks, LLC in Los Angeles Superior Court on 4/26/2021, attached as Exhibit A4. (jtil)
June 4, 2021 Filing 5 PROOF OF SERVICE filed by Defendant SILVER PEAKS, LLC, re Notice of Removal (Attorney Civil Case Opening), #1 , Civil Cover Sheet (CV-71) #2 , Declaration #3 , Certificate/Notice of Interested Parties #4 served on 06/04/2021. (von Behren, William)
June 4, 2021 Filing 4 NOTICE of Interested Parties filed by Defendant All Plaintiffs, identifying Anthem, Inc.. (Attorney William E von Behren added to party SILVER PEAKS, LLC(pty:pla))(von Behren, William)
June 4, 2021 Filing 3 DECLARATION of Kim Hawthorne re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant CareMore Health Plan. (Lewis, Carol)
June 4, 2021 Filing 2 CIVIL COVER SHEET filed by Defendant CareMore Health Plan. (Lewis, Carol)
June 4, 2021 Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 2STCV15688 Receipt No: ACACDC-31407606 - Fee: $402, filed by Defendant CareMore Health Plan. (Attachments: #1 EXHIBIT A-1 PROOF OF SERVICE, #2 Civil Cover Sheet EXHIBIT A-2 CA Civil Case Cover Sheet, #3 EXHIBIT A-3 SUMMONS ON COMPLAINT, #4 EXHIBIT A-4 COMPLAINT) (Attorney Carol B Lewis added to party CareMore Health Plan(pty:dft))(Lewis, Carol)

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Plaintiff: SILVER PEAKS, LLC
Represented By: William E von Behren
Represented By: Crystal Hayes Hill
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Defendant: CareMore Health Plan
Represented By: Carol B Lewis
Represented By: William E von Behren
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Defendant: Country Villa Claremont Health Care Center, Inc.
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Defendant: Country Villa Claremont
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Defendant: Rockport Healthcare Support Services, LLC
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Defendant: DOES 1-10
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