Alphonso Benton et al v. Cynthia Moreno-Benton et al
| Alphonso Benton and Alphonso Benton MD doing business as Compcare Medical Inc |
| Cynthia Moreno-Benton, Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates, Inc. a California Corporation doing business as Chino Hills Family Medical Group, PrimeCare Medical Group of Chino Valley, Inc. and Does 1 through 20, Inclusive |
| 5:2015cv00588 |
| March 26, 2015 |
| US District Court for the Central District of California |
| Charles F Eick |
| Christina A Snyder |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal - Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2015. A more recent docket listing may be available from PACER.
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| Filing 38 Receipt of acknowledgement of remand documents by San Bernardino Superior Court, case no. CIVDS1502743. (lom) |
| Filing 37 TRANSMITTAL of documents to Clerk, San Bernardino Superior Court, San Bernardino District. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Clerk, San Bernardino Superior Court, San Bernardino District. (gk) |
| Filing 36 MINUTES OF Motion Hearing held before Judge Christina A. Snyder RE: Defendant Primecare Medical Group of Chino Valley, Inc.'s ("Primecare") Motion to Dismiss Plaintiffs' First Amended Complaint #26 ; and Defendants Cynthia Moreno-Benton, D.O., Kristi Kiehl, PA-C, MSPA, Dana Goodbeau, Moreno Family Medical and Associates, Inc., doing business as Chino Hills Family Medical Group's (collectively "Chino Family Medical Defendants") Motion to Dismiss Plaintiffs' First Amended Complaint #29 . the Court GRANTS WITH PREJUDICE Primecare's motion to dismiss plaintiffs first claim for violation of section 1981. Because plaintiffs' first claim constitutes the exclusive basis for the Court's exercise of subject matter jurisdiction over this action, the Court declines to exercise supplemental jurisdiction over the seven remaining claims challenged by defendants Primecare and Chino Family Medical defendants, and REMANDS these claims to the San Bernardino County Superior Court, Case No. CIVDS1502743. (Made JS-6. Case Terminated.) Court Reporter: Laura Elias. (gk) |
| Filing 35 NOTICE OF FILING BANKRUPTCY filed by Defendant Dana Goodbeau. as to Dana Goodbeau, Bankruptcy Court case number 2:15-bk-22273-ER. (Teunisse, Patricia) |
| Filing 34 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss 3rd through 8th Causes of Action #29 filed by Defendants Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates, Inc., Cynthia Moreno-Benton. (Attachments: #1 Declaration of Patricia A. Teunisse in Support of Reply)(Teunisse, Patricia) |
| Filing 33 REPLY In Support NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint, Per FRCP 12(b)(6) #26 filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. (Attachments: #1 Declaration of Scott D. Goldsmith In Support of Motion to Dismiss the First Amended Complaint, #2 Exhibit A to Goldsmith Declaration)(Goldsmith, Scott) |
| Filing 32 DECLARATION of Lawrence L. Yang Opposition NOTICE OF MOTION AND MOTION to Dismiss 3rd through 8th Causes of Action #29 filed by Plaintiff Alphonso Benton. (Attachments: #1 Exhibit A to Declaration of Lawrence Yang in Opposition to Motion to Dismiss Plaintiffs' First Amended Complaint by Defendants, Cynthia Moreno Benton, D.O.; Kristi Diehl, PA-C, MSPA; Dana Goodbeau; Moreno Family Medical and Associates, Inc. d/b/a Chino Hills Family Medical Group, #2 Exhibit B to Declaration of Lawrence Yang in Opposition to Motion to Dismiss Plaintiffs' First Amended Complaint by Defendants, Cynthia Moreno Benton, D.O.; Kristi Diehl, PA-C, MSPA; Dana Goodbeau; Moreno Family Medical and Associates, Inc. d/b/a Chino Hills Family Medical Group)(Gitt, Cynthia) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss 3rd through 8th Causes of Action #29 filed by Plaintiff Alphonso Benton. (Attachments: #1 Exhibit A TO DECLARATION OF LAWRENCE L. YANG IN OPPOSITION TO MOTION TO DISMISS PLAINTIFFS OPPOSITION BRIEF TO MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT BY DEFENDANTS, CYNTHIA MORENO BENTON, D.O.; KRISTI DIEHL, PA-C, MSPA; DANA GOODBEAU; MORENO FAMILY MEDICAL AND ASSOCIATES, INC. d/b/a CHINO HILLS FAMILY, #2 Exhibit B TO DECLARATION OF LAWRENCE L. YANG IN OPPOSITION TO MOTION TO DISMISS PLAINTIFFS OPPOSITION BRIEF TO MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT BY DEFENDANTS, CYNTHIA MORENO BENTON, D.O.; KRISTI DIEHL, PA-C, MSPA; DANA GOODBEAU; MORENO FAMILY MEDICAL AND ASSOCIATES, INC. d/b/a CHINO HILLS FAMILY)(Gitt, Cynthia) |
| Filing 30 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder previously scheduled for 8/10/2015 at 10:00 AM has been rescheduled. Motion to Dismiss #26 hearing is continued to 8/24/2015 at 10:00 AM before Judge Christina A. Snyder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY |
| Filing 29 NOTICE OF MOTION AND MOTION to Dismiss 3rd through 8th Causes of Action filed by defendants Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates, Inc., Cynthia Moreno-Benton. Motion set for hearing on 8/24/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum) (Teunisse, Patricia) |
| Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint, Per FRCP 12(b)(6) #26 filed by Plaintiff Alphonso Benton. (Attachments: #1 Declaration //DECLARATION OF THOMAS P. BROWN IV, ESQ. IN SUPPORT OF OPPOSITION OF ALPHONSO BENTON, M.D., AND COMPCARE MEDICAL, INC. TO MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT [F.R.C.P. 12(b)(6)] //)(Gitt, Cynthia) |
| Filing 27 REFUND OF $400.00 made payable on 07/07/2015 to Laura Martinez for payment made on 03/26/2015 Re: APPLICATION for Refund of Fees Paid Re: Notice of Removal (Attorney Civil Case Opening), #2 #22 . (rdj) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' First Amended Complaint, Per FRCP 12(b)(6) filed by defendant PrimeCare Medical Group of Chino Valley, Inc.. Motion set for hearing on 8/10/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum of Points and Authorities In Support Of PrimeCare's Motion to Dismiss Plaintiffs' First Amended Complaint, #2 Proposed Order) (Goldsmith, Scott) |
| Filing 25 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #24 . The following error(s) was found: Other error(s) with document(s) are specified below The correct event is: Local Rule 19-1 Complaint/Petition includes more than 10 Does or fictitiously named parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (shb) |
| Filing 24 FIRST AMENDED COMPLAINT against DEFENDANTS All Defendants amending Complaint - (Discovery),, filed by PLAINTIFF Alphonso Benton(MD) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yang, Lawrence) |
| Filing 23 MINUTES OF DEFENDANT PRIMECARE'S MOTION TO DISMISS (dkt. 7, filed April 2, 2015) DEFENDANTS CYNTHIA MORENO-BENTON, KRISTI KIEHL, DANA GOODBEAU, AND CHINO HILL FAMILY MEDICAL GROUP'S MOITON TO SEVER AND REMAND CLAIMS TWO THROUGH TEN (dtk. 13, filed April 16, 2015)Motion Hearing held before Judge Christina A. Snyder: The Court DENIES without prejudice the Chino Family Medical defendants' motion to sever and remand. The Court GRANTS without prejudice Primecare's motion to dismiss plaintiffs' first claim for breach of contract in violation of 42 U.S.C. section 1981. Plaintiffs shall have until Wednesday, June 17, 2015, to file a first amended complaint addressing the deficiencies identified herein.Court Reporter: Larua Elias. (bp) |
| Filing 22 APPLICATION for Refund of Fees Paid Re: Notice of Removal (Attorney Civil Case Opening), #2 filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. (Goldsmith, Scott) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant Primecare Medical Group of Chino Valley, Inc.'s Reply in Support of Its Motion to Dismiss Plaintiffs' Complaint filed 5/4/2015 #19 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents - Reply (Motion related). Filer used the Motions - Dismiss Case event for docketing this filing, and set a duplicative Motion before the court on 5/18/2015. Clerk has removed this Reply from the pending motion report. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (gk) |
| Filing 20 REPLY support MOTION to Sever State Causes of Action, 2-10 MOTION to Remand Case to San Bernardino Superior Court #13 filed by Defendants Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates, Inc., Cynthia Moreno-Benton. (Teunisse, Patricia) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case Reply In Support of FRCP 12(b)(6) Motion to Dismiss the Complaint filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. Motion set for hearing on 5/18/2015 at 10:00 AM before Judge Christina A. Snyder. (Goldsmith, Scott) |
| Filing 18 DECLARATION of LAWRENCE L. YANG OPPOSITION MOTION to Sever State Causes of Action, 2-10 MOTION to Remand Case to San Bernardino Superior Court #13 IN SUPPORT OF OPPOSITION OF ALPHONSO BENTON, M.D., AND COMPCARE MEDICAL, INC. TO DEFENDANTS' MOTION TO SEVER AND REMAND filed by Plaintiff Alphonso Benton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Yang, Lawrence) |
| Filing 17 MEMORANDUM in Opposition to MOTION to Sever State Causes of Action, 2-10 MOTION to Remand Case to San Bernardino Superior Court #13 OPPOSITION OF ALPHONSO BENTON, M.D., AND COMPCARE MEDICAL, INC. TO DEFENDANTS' MOTION TO SEVER AND REMAND filed by Plaintiff Alphonso Benton. (Yang, Lawrence) |
| Filing 16 MEMORANDUM in Opposition to MOTION to Sever State Causes of Action, 2-10 MOTION to Remand Case to San Bernardino Superior Court #13 filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. (Goldsmith, Scott) |
| Filing 15 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion of Defendants to Sever and Remand State Based Claims filed 4/16/2015 #13 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (gk) |
| Filing 14 SCHEDULING NOTICE CONTINUED by Judge Christina A. Snyder re: MOTION to Dismiss Case Plaintiffs' Complaint per FRCP 12(b)(6) #7 , previously scheduled for 5/4/2015 at 10:00 AM has been rescheduled. Motion hearing is continued to 5/18/2015 at 10:00 AM before Judge Christina A. Snyder. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 13 NOTICE OF MOTION AND MOTION to Sever State Causes of Action, 2-10 ( Motion set for hearing on 5/18/2015 at 10:00 AM before Judge Christina A. Snyder.), MOTION to Remand Case to San Bernardino Superior Court filed by defendants Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates, Inc., Cynthia Moreno-Benton. (Attorney Patricia A Teunisse added to party Kristi Diehl(pty:dft), Attorney Patricia A Teunisse added to party Dana Goodbeau(pty:dft), Attorney Patricia A Teunisse added to party Moreno Family Medical and Associates, Inc.(pty:dft), Attorney Patricia A Teunisse added to party Cynthia Moreno-Benton(pty:dft))(Teunisse, Patricia) |
| Filing 12 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
| Filing 11 MEMORANDUM in Opposition to MOTION to Dismiss Case Plaintiffs' Complaint per FRCP 12(b)(6) #7 //OPPOSITION OF ALPHONSO BENTON, M.D., AND COMPCARE MEDICAL, INC. TO MOTION TO DISMISS PLAINTIFFS' COMPLAINT [ F.R.C.P. 12(b)(6) // filed by Plaintiff Alphonso Benton. (Gitt, Cynthia) |
| Filing 10 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #8 by Judge Christina A. Snyder. The document is stricken and counsel is ordered to file an amended or corrected document by forthwith, utilizing the correct event. (pj) |
| Filing 9 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #8 . The following error(s) was found: Incorrect event selected. The correct event MUST BE SELECTED. See below for the correct Event. Civil Events Motions and Related Filings Applications. In response to this notice the court may order (1) an amended or correct document to be filed (2) 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. (pj) |
| Filing 8 APPLICATION FOR REFUND OF FEES; ORDER THEREON (Klein, Elise) Modified on 4/10/2015 (pj). **STRICKEN PURSUANT TO DOCUMENT NUMBER 8** |
| Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiffs' Complaint per FRCP 12(b)(6) filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. Motion set for hearing on 5/4/2015 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum PrimeCare's Memorandum in Support of its Motion to Dismiss Plaintiffs' Complaint, #2 Proposed Order)(Goldsmith, Scott) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ad) |
| Filing 5 OF SERVICE filed by Defendant PrimeCare Medical Group of Chino Valley, Inc., re Civil Cover Sheet (CV-71) #1 , Notice of Removal (Attorney Civil Case Opening), #2 , Certificate/Notice of Interested Parties #3 served on March 27, 2015. (Goldsmith, Scott) |
| Filing 4 NOTICE OF REASSIGNMENT of Eastern Division Removal Case. Pursuant to the procedure adopted by the Court, the above entitled case has been returned to the Clerk for random reassignment. This case has been randomly reassigned to District Judge Christina A. Snyder for all further proceedings. The new case number will now read 5:15-cv-588 CAS(Ex). (ad) |
| Filing 3 NOTICE of Interested Parties filed by Defendant PrimeCare Medical Group of Chino Valley, Inc., (Goldsmith, Scott) |
| Conformed copy of state court COMPLAINT filed by plaintiffs Alphonso Benton(MD), Alphonso Benton(MD, an individual) against Defendants Kristi Diehl, Does, Dana Goodbeau, Moreno Family Medical and Associates Inc, Cynthia Moreno-Benton, PrimeCare Medical Group of Chino Valley Inc. Jury Demanded. [Exhibit to Notice of Removal] (ad) |
| Conformed copy of 30 DAY Summons Issued Re #2 Complaint as to defendants Kristi Diehl, Dana Goodbeau, Moreno Family Medical and Associates Inc, Cynthia Moreno-Benton, PrimeCare Medical Group of Chino Valley Inc. [Exhibit to Notice of Removal] (ad) |
| Filing 2 NOTICE OF REMOVAL from San Bernardino, case number CIVDS1502743 Receipt No: 0973-15445162 - Fee: $400, filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. (Attachments: #1 Exhibit - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Civil Cover Sheet, #4 Exhibit D - Notice of Assignment) (Attorney Scott D Goldsmith added to party PrimeCare Medical Group of Chino Valley, Inc.(pty:dft))(Goldsmith, Scott) |
| Filing 1 CIVIL COVER SHEET filed by Defendant PrimeCare Medical Group of Chino Valley, Inc.. (Goldsmith, Scott) |
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