Brand Surgical Institute v. Aetna Life Insurance Co.
| Brand Surgical Institute |
| Aetna Life Insurance Co. and DOES 1-10 |
| 2:2021cv08642 |
| November 2, 2021 |
| US District Court for the Central District of California |
| Andre Birotte |
| Charles F Eick |
| Insurance |
| 28 U.S.C. § 1441 Notice of Removal - Insurance Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 6, 2022. A more recent docket listing may be available from PACER.
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Filing 28
PROTECTIVE ORDER by Magistrate Judge Charles F. Eick re Stipulation for Protective Order. #27 (See document for details) (vmun)
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| Filing 27 Joint STIPULATION for Protective Order filed by Defendant Aetna Life Insurance Co.. (Attachments: #1 Exhibit A)(Kleiner, Matthew) |
| Filing 26 ANSWER to Amended Complaint/Petition #13 filed by Defendant Aetna Life Insurance Co.. (Attachments: #1 Proof of Service)(Kleiner, Matthew) |
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Filing 25
ORDER RE: JURY/COURT TRIAL: I. SCHEDULE; II. TRIAL PREPARATION; III. CONDUCT OF ATTORNEYS AND PARTIES by Judge Andre Birotte Jr.: Jury Trial set for 1/3/2023 08:30 AM before Judge Andre Birotte Jr. Final Pretrial Conference and Hearing on Motions In Limine set for 12/9/2022 11:00 AM before Judge Andre Birotte Jr. Last Date to Hear Motion to Amend Pleadings/Add Parties 5/6/2022. Non-Expert Discovery cut-off 7/22/2022. Last Date to Hear Motions 9/2/2022. Deadline to Complete Settlement Conference 9/16/2022. Trial Filings (first round): Motions In Limine, Memoranda of Contentions of Fact and Law, Witness Lists, Joint Exhibit List, Joint Status Report Regarding Settlement due by 11/11/2022. Trial Filings (second round): Oppositions to Motions In Limine, Joint Proposed Final Pretrial Conference Order due by 11/18/2022. See document for further details. (gk)
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Filing 24
ORDER/REFERRAL to ADR Procedure No 3 by Judge Andre Birotte Jr. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 9/16/2022. (cb)
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Filing 23
(IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The Court has reviewed the Joint Rule 26(f) Report submitted by the parties, and determines that an in-person Scheduling Conference is unnecessary. Accordingly, the Court VACATES the March 25, 2022, Scheduling Conference. Order re Jury/Court Trial to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 22 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7, filed by Plaintiff Brand Surgical Institute.. (Stieglitz, Jonathan) |
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Filing 21
(IN CHAMBERS) ORDER RE SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: A scheduling conference is set for March 11, 2022. The parties Joint Rule 26(f) Report was due filed not later than 14 days before the scheduling conference, but one has not been filed as of the date of this Order. The Court therefore CONTINUES the scheduling conference to Friday, March 25, 2022, at 10:00 a.m. The Joint Rule 26(f) Report is due no later than Friday March 18, 2022. If the report is not timely filed, the Court may dismiss this action without further notice for failure to prosecute.IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 20
ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT AND DENYING PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE by Judge Andre Birotte Jr.: The Court DENIES Defendant's Motion to Dismiss #14 . In particular, the Court: (1) DENIES Defendant's motion to dismiss Plaintiff's first cause of action for negligent misrepresentation. (2) DENIES Defendant's motion to dismiss Plaintiff's second cause of action for promissory estoppel. (gk)
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| Filing 19 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Plaintiff Brand Surgical Institute. (Stieglitz, Jonathan) |
| Filing 18 MINUTES OF Motion Hearing held before Judge Andre Birotte Jr. RE: Defendant's Motion to Dismiss Case #14 . The Court having carefully considered the papers and the evidence submitted by the parties, and having heard the oral argument of counsel, hereby takes the motion under submission. Court Reporter: Chia Mei Jui. (gk) |
| Filing 17 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Defendant Aetna Life Insurance Co.. (Kleiner, Matthew) |
| Filing 16 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Plaintiff Brand Surgical Institute. (Stieglitz, Jonathan) |
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Filing 15
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/11/2022 at 10:00 AM before Judge Andre Birotte Jr. (jgr)
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| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Aetna Life Insurance Co.. Motion set for hearing on 1/28/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities ISO Defendant Aetna Life Insurance Company's Motion to Dismiss (FRCP 12(b)(6)), #2 Declaration of Lisa Adinolfi ISO Defendant Aetna Life Insurance Company's Motion to Dismiss (FRCP 12(b)(6)), #3 Declaration of Casey Shaw ISO Defendant Aetna Life Insurance Company's Motion to Dismiss (FRCP 12(b)(6)), #4 [Proposed] Order Granting Defendant Aetna Life Insurance Company's Motion to Dismiss (FRCP 12(b)(6)), #5 Certificate of Service) (Kleiner, Matthew) |
| Filing 13 First AMENDED COMPLAINT against defendant Aetna Life Insurance Co. amending Complaint - (Discovery), filed by plaintiff Brand Surgical Institute(Stieglitz, Jonathan) |
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Filing 12
ORDER APPROVING STIPULATION TO FILE FIRST AMENDED COMPLAINT #11 by Judge Andre Birotte Jr. The Court hereby ORDERS: 1. Plaintiff shall immediately file its First Amended Complaint (FAC); and 2. Defendant has 30 days from the date of the FAC's filing to file a responsive pleading to it. (lom)
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| Filing 11 Joint STIPULATION to Amend Complaint - (Discovery) filed by plaintiff Brand Surgical Institute. (Attachments: #1 Exhibit, #2 Proposed Order)(Stieglitz, Jonathan) |
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Filing 10
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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Filing 9
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01 (Related Case) filed. Transfer of case declined by Judge Otis D. Wright, II, for the reasons set forth on this order. Related Case No. 2:21-cv-04744 ODW(ASx) (rn)
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| Filing 8 STIPULATION Extending Time to Answer the complaint as to Aetna Life Insurance Co. answer now due 12/9/2021, re Complaint - (Discovery) filed by Defendant Aetna Life Insurance Co.. (Attachments: #1 Proof of Service)(Kleiner, Matthew) |
| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Brand Surgical Institute in Los Angeles Superior Court on 8/5//2021, attached as Exhibit 1. (jtil) |
| Filing 4 NOTICE of Related Case(s) filed by Defendant Aetna Life Insurance Co.. Related Case(s): 2:21-cv-04977-SB-GJS, and 2:21-cv-04983-JAK-JPR (Attachments: #1 Proof of Service)(Kleiner, Matthew) |
| Filing 3 NOTICE of Interested Parties filed by Defendant Aetna Life Insurance Co., identifying Aetna Life Insurance Company, Aetna, Inc., CVS, Brand Surigical Institute, Inc.. (Attachments: #1 Proof of Service)(Kleiner, Matthew) |
| Filing 2 CIVIL COVER SHEET filed by Defendant Aetna Life Insurance Co.. (Attachments: #1 Proof of Service)(Kleiner, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 21STCV28944 Receipt No: ACACDC-32258182 - Fee: $402, filed by Defendant Aetna Life Insurance Co.. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Summons (Complaint), #3 Exhibit 3 - Notice of Case Management Conference, #4 Declaration of Lisa Adinolfi, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Proof of Service) (Attorney Matthew Gregory Kleiner added to party Aetna Life Insurance Co.(pty:dft))(Kleiner, Matthew) |
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