O.C. Multispecialty Surgery Center v. Blue Cross and Blue Shield of Kansas City et al
| O.C. Multispecialty Surgery Center |
| 1-10 DOES, Blue Cross and Blue Shield of Kansas City, DOES 1 to 10 and Performance Contracting Group, Inc. |
| 2:2021cv05062 |
| June 22, 2021 |
| US District Court for the Central District of California |
| Charles F Eick |
| John F Walter |
| Insurance |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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| Filing 63 Joint STIPULATION to Dismiss Case pursuant to Action was settled filed by attorney for defendant Performance Contracting Group, Inc.. (Attachments: #1 Proposed Order On Joint Stipulation)(Serrato, Courtney) |
Filing 62
MINUTES (IN CHAMBERS) ORDER OF DISMISSAL by Judge John F. Walter. In the Notice of Settlement filed on April 4, 2022 #61 , the parties represent that they have settled this action. As a result, the Court dismisses this action without prejudice subject to either party reopening the action on or before May 20, 2022. The Court will retain jurisdiction for the sole purpose of enforcing the settlement until May 20, 2022. Thereafter, absent further order of the Court, the dismissal of this action will be with prejudice. All dates in this action, including the trial date are vacated. (Made JS-6. Case Terminated.) (iv)
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| Filing 61 NOTICE of Settlement filed by plaintiff O.C. Multispecialty Surgery Center. (Stieglitz, Jonathan) |
| Filing 60 ANSWER to Amended Complaint/Petition #50 with JURY DEMAND to Plaintiff's Second Amended Complaint filed by Defendant Performance Contracting Group, Inc..(Price, Benjamin) |
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Filing 59
MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT PERFORMANCE CONTRACTING GROUP, INC.'S MOTION TO DISMISS PLAINTIFFS SECOND AMENDED COMPLAINT, [filed 12/27/21; Docket No. #54 ] by Judge John F. Walter. Performance's Motion to Dismiss the SAC is denied. (iv)
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Filing 58
MINUTES (IN CHAMBERS) ORDER TAKING UNDER SUBMISSION DEFENDANT PERFORMANCE CONTRACTING GROUP, INC.'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT [filed 12/27/2021; Docket No. #54 ] by Judge John F. Walter. The Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for January 31, 2022 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (iv)
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| Filing 57 NOTICE OF LODGING filed Proposed Statement of Decision on Motion to Dismiss Plaintiff's Second Amended Complaint re Reply (Motion related) #56 (Attachments: #1 Exhibit Proposed Statement of Decision)(Price, Benjamin) |
| Filing 56 REPLY to Plaintiff's Opposition NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #54 filed by Defendant Performance Contracting Group, Inc.. (Price, Benjamin) |
| Filing 55 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint #54 filed by Plaintiff O.C. Multispecialty Surgery Center. (Attachments: #1 Proposed Statement)(Stieglitz, Jonathan) |
| Filing 54 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Defendant Performance Contracting Group, Inc. Performance Contracting Group, Inc.. Motion set for hearing on 1/31/2022 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration of Benjamin Brice in Support of Motion to Dismiss, #2 Proposed Order) (Price, Benjamin) |
| Filing 53 ANSWER to Amended Complaint/Petition #50 filed by Defendant Blue Cross and Blue Shield of Kansas City.(Zorkin, Michael) |
| Filing 52 STATEMENT RE: L.R. 7-3 MEET AND CONFER filed by Defendant Performance Contracting Group, Inc. (Price, Benjamin) |
| Filing 51 Redline Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #50 , filed by plaintiff O.C. Multispecialty Surgery Center(Stieglitz, Jonathan) |
| Filing 50 Second AMENDED COMPLAINT against Defendants All Defendants amending Complaint - (Discovery), Amended Complaint/Petition #18 , filed by plaintiff O.C. Multispecialty Surgery Center(Stieglitz, Jonathan) |
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Filing 49
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT BLUE CROSS AND BLUE SHIELD OF KANSAS CITY'S MOTION TO DISMISS THE FIRST CAUSE OF ACTION IN PLAINTIFF'S FIRST AMENDED COMPLAINT [filed 10/20/21; Docket No. #25 ]; and ORDER GRANTING DEFENDANT PERFORMANCE CONTRACTING GROUP, INC.'S MOTION TO DISMISSPLAINTIFF'S COMPLAINT, OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT [filed 11/8/21; Docket No. #36 ] by Judge John F. Walter. Plaintiff shall file its Second Amended Complaint, if any, by December 16, 2021. Plaintiff may not add any new claims or any new parties in the Second Amended Complaint without leave of the Court. (iv)
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Filing 48
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 6/24/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 7/1/2022 at 8:00 AM. Jury Trial set for 7/12/2022 at 8:30 AM. SEE ORDER FOR DETAILS. (iv)
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Filing 47
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on December 13, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice toParties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed.R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: April 11, 2022. The Joint Report re: Results of Settlement Conference due on: April 15, 2022. (iv)
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| Filing 46 NOTICE OF LODGING filed Proposed Statement of Decision on Motion to Dismiss Plaintiff's Complaint re Reply (Motion related), #45 (Attachments: #1 Proposed Order Proposed Statement of Decision)(Serrato, Courtney) |
| Filing 45 REPLY Reply to Plaintiff's Opposition NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Complaint, or Alternatively, for a More Definite Statement #36 filed by Defendant Performance Contracting Group, Inc.. (Price, Benjamin) |
| Filing 44 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Complaint, or Alternatively, for a More Definite Statement #36 filed by Plaintiff O.C. Multispecialty Surgery Center. (Attachments: #1 Declaration)(Stieglitz, Jonathan) |
| Filing 43 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Complaint, or Alternatively, for a More Definite Statement #36 (Attachments: #1 Proposed Order)(Price, Benjamin) |
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Filing 42
MINUTES (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION DEFENDANT BLUE CROSS AND BLUE SHIELD OF KANSAS CITY'S MOTION TO DISMISS THE FIRST CAUSE OF ACTION IN PLAINTIFF'S FIRST AMENDED COMPLAINT [filed 10/20/2021; Docket No. 25] by Judge John F. Walter: Defendant Blue Cross and Blue Shield of Kansas City's Motion to Dismiss the First Cause of Action in Plaintiff's First Amended Complaint is currently on calendar for November 22, 2021 at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for November 22, 2021 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (bm)
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Filing 41
ORDER RE JOINT MOTION AND STIPULATION TO CONTINUE HEARING ON DEFENDANT PERFORMANCE CONTRACTING GROUP, INC.'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT, OR ALTERNATIVELY, FOR A MORE DEFINITE STATEMENT #39 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 40 DECLARATION of Benjamin L Price as Lead Counsel filed by Defendant Performance Contracting Group, Inc.. (Price, Benjamin) |
| Filing 39 JOINT STIPULATION to NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Defendant Performance Contracting Group, Inc.. (Attachments: #1 Proposed Order)(Price, Benjamin) |
| Filing 38 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 (Attachments: #1 Proposed Statement of Decision)(Zorkin, Michael) |
| Filing 37 NOTICE of Interested Parties filed by Defendant Performance Contracting Group, Inc., (Price, Benjamin) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's Complaint, or Alternatively, for a More Definite Statement filed by Defendant Performance Contracting Group, Inc.. Motion set for hearing on 12/13/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Declaration Decl of Ben Price to Motion to Dismiss, #2 Exhibit Ex A to Decl Ben Price, #3 Exhibit Ex B to Decl Ben Price) (Attorney Benjamin Lloyd Price added to party Performance Contracting Group, Inc.(pty:dft)) (Price, Benjamin) |
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Filing 35
ORDER ON STIPULATION TO CONTINUE SCHEDULING CONFERENCE #34 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv)
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| Filing 34 STIPULATION to Continue Scheduling Conference from Dec. 13, 2021 to Date Convenient to the Court filed by Defendant Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Proposed Order)(Zorkin, Michael) |
| Filing 33 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Defendant Blue Cross and Blue Shield of Kansas City. (Zorkin, Michael) |
| Filing 32 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Plaintiff O.C. Multispecialty Surgery Center. (Stieglitz, Jonathan) |
| Filing 31 Text Entry Order: In light of the Motion to Dismiss the First Cause of Action in Plaintiffs First Amended Complaint filed on October 20, 2021 (Docket No. #25 ), the Court continues the Scheduling Conference currently scheduled for November 1, 2021 to December 13, 2021 at 1:15 p.m. Counsel shall file a Supplemental Joint Rule 26(f) Report on or before December 6, 2021.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 30 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 (Attachments: #1 Proposed Order on motion to dismiss)(Zorkin, Michael) |
| Filing 29 PROOF OF SERVICE filed by Defendant Blue Cross and Blue Shield of Kansas City, re NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 served on October 20, 2021. (Zorkin, Michael) |
| Filing 28 DECLARATION of Michael Zorkin in support of NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Defendant Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Exhibit 2: Counsel meet and confer correspondence)(Zorkin, Michael) |
| Filing 27 DECLARATION of Daniel C. Frazier in support of NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Defendant Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Exhibit Exhibit 1: ERISA Plan Document)(Zorkin, Michael) |
| Filing 26 DECLARATION of Daniel C. Frazier in support of NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint #25 filed by Defendant Blue Cross and Blue Shield of Kansas City. (Zorkin, Michael) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss First Cause of Action of the First Amended Complaint filed by Defendant Blue Cross and Blue Shield of Kansas City. Motion set for hearing on 11/22/2021 at 01:30 PM before Judge John F. Walter. (Zorkin, Michael) |
| Filing 24 STATEMENT Compliance with L.R. 7-3 filed by Defendant Blue Cross and Blue Shield of Kansas City (Zorkin, Michael) |
| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff O.C. Multispecialty Surgery Center.. (Stieglitz, Jonathan) |
| Filing 22 21 DAY Summons Issued re Amended Complaint/Petition #18 as to Defendant Performance Contracting Group, Inc. (iv) |
| Filing 21 Request for Clerk to Issue Summons on Amended Complaint/Petition #18 filed by plaintiff O.C. Multispecialty Surgery Center. (Stieglitz, Jonathan) |
| Filing 20 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #19 . The following error(s) was found: The date and signature line must be left blank. Summons should reflect as to First Amended Complaint. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (iv) |
| Filing 19 Request for Clerk to Issue Summons on Amended Complaint/Petition #18 filed by plaintiff O.C. Multispecialty Surgery Center. (Stieglitz, Jonathan) |
| Filing 18 First AMENDED COMPLAINT against defendant O.C. Multispecialty Surgery Center amending Complaint - (Discovery), filed by plaintiff O.C. Multispecialty Surgery Center(Stieglitz, Jonathan) |
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Filing 17
ORDER ON STIPULATION TO CONTINUE ALL DEADLINES #15 by Judge John F. Walter. Defendant's deadline to respond to the complaint is continued to Oct. 12, 2021. The deadline to file the Joint Report is continued to Oct. 18, 2021. The Scheduling Conference is continued to Nov. 1, 2021 at 1:15 p.m. (iv)
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| Filing 16 PROOF OF SERVICE filed by Defendant Blue Cross and Blue Shield of Kansas City, re Stipulation to Continue #15 served on July 21, 2021. (Zorkin, Michael) |
| Filing 15 STIPULATION to Continue All Deadlines filed by Defendant Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Proposed Order Proposed Order)(Zorkin, Michael) |
| Filing 14 PROOF OF SERVICE filed by Defendant Blue Cross and Blue Shield of Kansas City, re Initial Order Setting R26 Scheduling Conference - form only,, #13 , Initial Order upon Filing of Complaint - form only #12 served on July 19, 2021. (Zorkin, Michael) |
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Filing 13
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for August 30, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before August 16, 2021. (iv)
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Filing 12
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge John F. Walter for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-05062 JFW(Ex). (rn)
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| Filing 10 STIPULATION Extending Time to Answer the complaint as to Blue Cross and Blue Shield of Kansas City answer now due 8/12/2021, filed by Defendant Blue Cross and Blue Shield of Kansas City.(Zorkin, Michael) |
| Filing 9 PROOF OF SERVICE filed by Defendant Blue Cross and Blue Shield of Kansas City, re Notice of Assignment to United States Judges(CV-18) - optional html form #7 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #8 served on June 25, 2021. (Zorkin, Michael) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Charles F. Eick. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff O.C. Multispecialty Surgery Center in Los Angeles Superior Court on 4/14/2021, attached as Exhibit 1. (jtil) |
| Filing 6 PROOF OF SERVICE filed by Defendant Blue Cross and Blue Shield of Kansas City, re Certificate/Notice of Interested Parties #3 , Notice of Removal (Attorney Civil Case Opening), #1 , Declaration #5 , Notice (Other) #4 , Civil Cover Sheet (CV-71) #2 served on June 22, 2021. (Zorkin, Michael) |
| Filing 5 DECLARATION of Daniel C. Frazier re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendant Blue Cross and Blue Shield of Kansas City. (Zorkin, Michael) |
| Filing 4 NOTICE Notice to Adverse Parties filed by Defendant Blue Cross and Blue Shield of Kansas City. (Zorkin, Michael) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Blue Cross and Blue Shield of Kansas City, (Zorkin, Michael) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Blue Cross and Blue Shield of Kansas City. (Zorkin, Michael) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 21STCV14160 Receipt No: ACACDC-31504692 - Fee: $402, filed by Defendant Blue Cross and Blue Shield of Kansas City. (Attachments: #1 Complaint, #2 Summons, #3 Notice of Case Assignment, #4 Notice and Acknowledgment of Receipt of) (Attorney Michael Zorkin added to party Blue Cross and Blue Shield of Kansas City(pty:dft))(Zorkin, Michael) |
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