Healthcare Ally Management of California, LLC v. The J. Paul Getty Trust et al
| Healthcare Ally Management of California, LLC |
| The J. Paul Getty Trust and Does 1-10 |
| 2:2022cv05665 |
| August 11, 2022 |
| US District Court for the Central District of California |
| Dolly M Gee |
| Karen L Stevenson |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 43
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT'S MOTION TO DISMISS AND MOTION TO STAY STATE LAW CLAIM by Judge Dolly M. Gee: Defendant The J. Paul Getty Trust's (Getty Trust) Motion to Dismiss ("MTD") #23 is GRANTED in part, with leave to amend, and DENIED in part. The Court GRANTS Getty Trust's MTD with respect to the ERISA claim, but GRANTS Plaintiff Healthcare Ally Management of California, LLC (HAMOC") leave to amend to clarify that relationship. The Court DENIES Getty Trust's Motion to Stay this action pending a ruling from the Ninth Circuit in another ERISA case #39 . HAMOC shall file its Second Amended Complaint ("SAC") by 10/4/2023. Getty Trust shall file its response within 21 days after HAMOC files its SAC. Court Reporter: Not Reported. (gk)
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Filing 42
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Opposed Motion to Stay State Law Claim #39 set for hearing on July 7, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 41 REPLY in Response to Defendant's Response to Plaintiff's Request for Judicial Notice filed by Plaintiff Healthcare Ally Management of California, LLC. (Stieglitz, Jonathan) |
| Filing 40 RESPONSE filed by Defendant The J. Paul Getty Trustto Request for Judicial Notice #38 (Herman, Jonathan) |
| Filing 39 NOTICE OF MOTION AND MOTION to Stay Case pending Ruling by Ninth Circuit in Case No. 23-55019. filed by Defendant The J. Paul Getty Trust. Motion set for hearing on 7/7/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Herman, Jonathan) |
| Filing 38 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Healthcare Ally Management of California, LLC. (Stieglitz, Jonathan) |
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Filing 37
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Dismiss Plaintiff's First Amended Complaint #23 presently scheduled for hearing on March 17, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 36 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Healthcare Ally Management of California, LLC. (Stieglitz, Jonathan) |
| Filing 35 REPLY Support NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Defendant The J. Paul Getty Trust. (Herman, Jonathan) |
| Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by Plaintiff Healthcare Ally Management of California, LLC. (Attachments: #1 Exhibit)(Stieglitz, Jonathan) |
| Filing 33 MINUTES OF (IN CHAMBERS) ORDER RE: TELEPHONIC CONFERENCE RE: PROTECTIVE ORDER #30 held before Magistrate Judge Karen L. Stevenson. The Court is satisfied with the corrections regarding the amended protective order and the protective order is GRANTED. Court Recorder: XTR-02/03/2023. (hr) |
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Filing 32
AGREED HIPAA QUALIFIED PROTECTIVE ORDER by Magistrate Judge Karen L. Stevenson: granting #30 APPLICATION. (see document for details) (hr)
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Filing 31
(IN CHAMBERS) ORDER RE: SCHEDULING TELEPHONIC CONFERENCE RE MOTION FOR PROTECTIVE ORDER [ Dkt No.30] #30 by Magistrate Judge Karen L. Stevenson. The Court scheduled a Telephonic Conference for Friday, February 3, 2023 at 9:00 a.m. regarding the motion for consideration of the Protective Order [Dkt No. 30]. The call-in information has been emailed to the participating parties. (gr)
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| Filing 30 APPLICATION MOTION for Consideration of protective order The J. Paul Getty Trust. (Attachments: #1 Proposed Order, #2 Proposed Order) (Herman, Jonathan) |
| Filing 29 Notice of Withdrawal of Motion for Consideration #28 The J. Paul Getty Trust. (Herman, Jonathan) |
| Filing 28 APPLICATION MOTION for Consideration of Joint Protective Order The J. Paul Getty Trust. (Attachments: #1 Proposed Order, #2 Proposed Order) (Herman, Jonathan) |
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Filing 27
ORDER ON STIPULATION TO SET HEARING DATE AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #26 , the Court hereby orders that the hearing on Defendant's Motion to Dismiss #23 shall be continued until 3/17/2023 at 09:30 AM before Judge Dolly M. Gee. Plaintiff's Opposition will be due on 2/10/2023. Defendant's Reply will be due on 2/24/2023. (gk)
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| Filing 26 Joint STIPULATION to Continue Hearing on Motion to Dismiss from February 10, 2023 to March 17, 2023 Re: NOTICE OF MOTION AND MOTION to Dismiss Case #23 filed by plaintiff Healthcare Ally Management of California, LLC. (Attachments: #1 Proposed Order)(Stieglitz, Jonathan) |
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Filing 25
MINUTE (IN CHAMBERS) ORDER DENYING JOINT APPLICATION FOR PROTECTIVE ORDER FOR CONFIDENTIAL AND PERSONAL PROTECTED HEALTH INFORMATION by Magistrate Judge Karen L. Stevenson: denying #21 Joint Application for Protective Order. To date, the parties have not responded to the Court's December 28, 2022 Minute Order and no amended application has been received by the Court. Accordingly, the Application (dkt. no. 21) is DENIED. (see document for further details) (hr)
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Filing 24
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Pursuant to the Court's Initial Standing Order #7 , the Court hears motions on Fridays at 9:30 p.m. Defendant's motion to dismiss Plaintiff's first amended complaint #23 hearing is hereby continued from February 7, 2023 to February 10, 2023 at 9:30 a.m. Further non-compliance with the Courts procedures and Local Rules may result in sanctions. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant The J. Paul Getty Trust. Motion set for hearing on 2/7/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Memorandum, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Herman, Jonathan) |
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Filing 22
MINUTES (IN CHAMBERS) ORDER RE: JOINT APPLICATION FOR PROTECTIVE ORDER FOR CONFIDENTIAL AND PERSONAL PROTECTED HEALTH INFORMATION (DKT. NO. 21) by Magistrate Judge Karen L. Stevenson: The parties shall, no later than January 4, 2023, submit an amended Application correcting those defects and email a Word version of the amended Application to Judge Karen L. Stevensons chambers email address. The parties are encouraged to thoroughly review the procedures listed on the Courts website,1 and are reminded that they will receive expedited consideration if they provide a redline comparison between the model order on the Court's website and their proposed stipulated protective order. If the parties fail to comply with this Order, the Application will be denied. (et)
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| Filing 21 Joint APPLICATION for Protective Order for Confidential and Personal Protected Health Information filed by Defendant The J. Paul Getty Trust. (Attachments: #1 Proposed Order, #2 Proposed Agreed HIPAA-Qualified Protective Order)(Herman, Jonathan) |
| Filing 20 First AMENDED COMPLAINT against defendant The J. Paul Getty Trust amending Complaint - (Discovery),, filed by plaintiff Healthcare Ally Management of California, LLC(Stieglitz, Jonathan) |
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Filing 19
(IN CHAMBERS) ORDERS by Judge Dolly M. Gee. On November 7, 2022, the Court issued an order granting Defendant's Unopposed Motion for Leave to File its First Amended Answer and Affirmative Defenses #15 . The December 2, 2022 hearing is VACATED #14 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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Filing 18
ORDER ON STIPULATION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND TO SET DEFENDANT'S RESPONSIVE PLEADING DEADLINE by Judge Dolly M. Gee: Upon the parties' Stipulation #17 , IT IS HEREBY ORDERED that Plaintiff is granted leave to file its First Amended Complaint within 21 days of the date of this Order. Defendant shall file its response within 21 days after Plaintiff files its amended complaint. The 10/21/2022 Order to Show Cause #12 is DISCHARGED. (gk)
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| Filing 17 Joint STIPULATION for Leave to Amend Complaint filed by plaintiff Healthcare Ally Management of California, LLC. (Attachments: #1 Proposed Order)(Stieglitz, Jonathan) |
| Filing 16 ANSWER to Complaint - (Discovery), First Amended Answer and Affirmative Defenses filed by Defendant The J. Paul Getty Trust.(Herman, Jonathan) |
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Filing 15
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE ITS AMENDED ANSWER AND AFFIRMATIVE DEFENSES by Judge Dolly M. Gee: IT IS HEREBY ORDERED that Defendant's Unopposed Motion #14 is GRANTED, and Defendant is hereby granted leave to file its First Amended Answer and Affirmative Defenses. Defendant shall file its Amended Answer and Affirmative Defenses on the docket within three court days of this Order. (gk)
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| Filing 14 NOTICE OF MOTION AND MOTION for Leave to file Defendant's First Amended Answer and Affirmative Defenses filed by Defendant The J. Paul Getty Trust. Motion set for hearing on 12/2/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Exhibit Proposed First Amended Answer and Affirmative Defenses, #2 Proposed Order) (Herman, Jonathan) |
| Filing 13 BRIEF filed by Defendant The J. Paul Getty Trust. regarding Order to Show Cause,,, #12 . (Herman, Jonathan) |
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Filing 12
[IN CHAMBERS] ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE REMANDED TO STATE COURT FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dolly M. Gee. The Court is not persuaded that complete preemption applies here. Therefore, the Court directs Defendant to show cause why this case should not be remanded to state court for lack of subject matter jurisdiction. See 28 U.S.C. 1447(c). By November 4, 2022, Defendant shall file a brief not to exceed 10 pages explaining why this Court has subject matter jurisdiction over the Complaint. Defendant shall address Marin General Hospital v. Modesto & Empire Traction Co., 581 F.3d 941 (9th Cir. 2009), and any other applicable authority. Plaintiff shall file any responsive brief, which shall not exceed 10 pages, by November 18, 2022. Defendant may file a reply brief not to exceed 5 pages on or before November 25, 2022. IT IS SO ORDERED. (rolm)
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Filing 11
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court sua sponte VACATES the Scheduling Conference set on September 30, 2022. A Scheduling and Case Management Order to issue. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY
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| Filing 10 JOINT REPORT Rule 26(f) Discovery Plan and Schedule Worksheet ; estimated length of trial 2 days, filed by Defendant The J. Paul Getty Trust.. (Attachments: #1 Schedule Worksheet)(Herman, Jonathan) |
| Filing 9 SCHEDULING MEETING OF COUNSEL [Fed. R. Civ. P. 16, 26(f)] by Judge Dolly M. Gee. Rule 26 Meeting Report due by 9/16/2022. Scheduling Conference set for 9/30/2022 at 9:30 a.m. (See order for details.) (kti) |
| Filing 8 ANSWER to Complaint - (Discovery), filed by Defendant The J. Paul Getty Trust.(Herman, Jonathan) |
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Filing 7
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti)
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| Filing 6 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Karen L. Stevenson. (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Does 1-10, The J. Paul Getty Trust. Jury Demanded, filed by Plaintiff Healthcare Ally Management of California, LLC. Filed in State Court on 6/8/2022 Submitted with Attachment 1 to Notice of Removal #1 (car) |
| Filing 3 CERTIFICATION and NOTICE of Interested Parties filed by Defendant The J. Paul Getty Trust, identifying Aetna Life Insurance Company. (Herman, Jonathan) |
| Filing 2 CIVIL COVER SHEET filed by Defendant The J. Paul Getty Trust. (Herman, Jonathan) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV18756 with filing fee previously paid ($402 paid on 08/11/2022, receipt number ACACDC-33791946), filed by Defendant The J. Paul Getty Trust. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons, #3 Declaration Declaration, #4 Certificate of Service) (Attorney Jonathan Marc Herman added to party The J. Paul Getty Trust(pty:dft))(Herman, Jonathan) |
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