Rosalie Vaccarino v. Aetna, Inc. et al
| Rosalie Vaccarino |
| Aetna Health of California, Inc., Regal Medical Group, Inc., Aetna, Inc. and Does 1 through 100, inclusive |
| 5:2018cv02349 |
| October 26, 2018 |
| US District Court for the Central District of California |
| Jesus G Bernal |
| Shashi H Kewalramani |
| Contract: Recovery Medicare |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 38 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56583 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #37 as to defendants Aetna Health of California, Inc., Aetna, Inc., Regal Medical Group, Inc.. (twdb) |
| Filing 37 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. Appeal of Order on Motion to Dismiss Case,, Order on Motion to Remand Case to State Court, #35 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22828761.) (Attachments: #1 Exhibit A Court Order of 11/29/2018)(Faustman, David) |
| Filing 36 TRANSMITTAL of documents to Superior Court of California, County of Riverside. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Superior Court of California, County of Riverside. (twdb) |
| Filing 35 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Plaintiffs Motion to Remand (Dkt. No. #16 ); (2) REMANDING the Case to the Riverside Superior Court; (3) DENYING AS MOOT Defendants Motion to Dismiss (Dkt. No. #14 ); and (4) VACATING the December 3 and December 10, 2018 Hearings. Case Remanded to Superior Court of California, County of Riverside, RIC 1819360. MD JS-6. Case Terminated. (twdb) |
| Filing 34 Opposition to re: EX PARTE APPLICATION for Leave to file A Sur-Reply #33 filed by Plaintiff Rosalie Vaccarino. (Glovsky, Scott) |
| Filing 33 EX PARTE APPLICATION for Leave to file A Sur-Reply filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. (Attachments: #1 Proposed Order, #2 Declaration of David F. Faustman) (Faustman, David) |
| Filing 32 Request to Appear Telephonically at Hearing filed by Defendants Aetna Health of California, Inc., Aetna, Inc. (Attachments: #1 Proposed Order Granting Defendants Aetna Inc. and Aetna Health of California, Inc. Request to Appear Telephonically at Hearing)(Faustman, David) Modified on 11/27/2018 (twdb). |
| Filing 31 REPLY in support of their Motion to Dismiss filed by Defendants Aetna Health of California, Inc., Aetna, Inc. #14 . (Faustman, David) Modified on 11/27/2018 (twdb). |
| Filing 30 REPLY in support of NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #16 filed by Plaintiff Rosalie Vaccarino. (Glovsky, Scott) |
| Filing 29 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Plaintiffs application to shorten time (Doc. No. 21) on the hearing for her motion for remand is GRANTED. The motion for remand (Doc. No. 16) will now be heard on December 3, 2018 at 9:00 a.m. Defendants are to file and serve any opposition by November 19, 2018. Service of the opposition shall be by email or fax. Plaintiff is to file and serve any reply by November 21, 2018. Service of the reply shall be by email or fax. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY |
| Filing 28 OPPOSITION to Plaintiff's Motion to Remand filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. (Attachments: #1 Proposed Order)(Faustman, David) |
Filing 27
ORDER by Judge Jesus G. Bernal: Granting #17 Defendants Aetna Inc. and Aetna Health of California, Inc.'s APPLICATION to Amend/Correct Notice of Removal. (twdb)
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| Filing 26 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Plaintiff Rosalie Vaccarino. (Glovsky, Scott) |
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Filing 25
ORDER by Judge Jesus G. Bernal: granting #19 Non-Resident Attorney Benjamin H. McCoy APPLICATION to Appear Pro Hac Vice on behalf of Aetna Inc. and Aetna Health of California, Inc, designating David F. Faustman as local counsel. (twdb)
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| Filing 24 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Benjamin H. McCoy to Appear Pro Hac Vice on behalf of Defendants Aetna Health of California, Inc., Aetna, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22709300) #19 . The following error(s) was/were found: Local Rule 83-2.1.3.2(a) Applicant resides in California. (lt) |
| Filing 23 REPLY in support of EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #16 to November 26, 2018 #21 filed by Plaintiff Rosalie Vaccarino. (Glovsky, Scott) |
| Filing 22 OPPOSITION to EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #16 to November 26, 2018 #21 filed by Defendants Aetna Health of California, Inc., Aetna, Inc., Regal Medical Group, Inc.. (Attachments: #1 Exhibit A)(Attorney David Frederick Faustman added to party Regal Medical Group, Inc.(pty:dft))(Faustman, David) |
| Filing 21 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court #16 to November 26, 2018 filed by plaintiff Rosalie Vaccarino. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Glovsky, Scott) |
| Filing 20 STIPULATION Extending Time to Answer the complaint as to Regal Medical Group, Inc. answer now due 12/15/2018, re Amended Complaint, filed by Defendant Regal Medical Group, Inc..(Attorney Michael M Amir added to party Regal Medical Group, Inc.(pty:dft))( Amir, Michael) |
| Filing 19 APPLICATION of Non-Resident Attorney Benjamin H. McCoy to Appear Pro Hac Vice on behalf of Defendants Aetna Health of California, Inc., Aetna, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22709300) filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. (Attachments: #1 Proposed Order) (Faustman, David) |
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Filing 18
STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima)
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| Filing 17 APPLICATION to Amend Notice of Removal (Attorney Civil Case Opening),, #4 filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. (Attachments: #1 Proposed Order Granting Defendants Aetna Inc. and Aetna Health of California, Inc.'s Application to Amend Notice of Removal) (Faustman, David) |
| Filing 16 NOTICE OF MOTION AND MOTION to Remand Case to Riverside Superior Court filed by plaintiff Rosalie Vaccarino. Motion set for hearing on 12/10/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Glovsky, Scott) |
| Filing 15 NOTICE of Interested Parties filed by Plaintiff Rosalie Vaccarino, (Glovsky, Scott) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Aetna Health of California, Inc., Aetna, Inc.. Motion set for hearing on 12/10/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: #1 Proposed Order) (Faustman, David) |
| Filing 13 CORRECTED NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 12 CORRECTED NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani. (car) |
| Filing 11 NOTICE OF CLERICAL ERROR: Due to clerical error Notice of Reassignment of Eastern Division Removal Case (CV-106) form, #8 and Notice to Parties of Court-Directed ADR Program (ADR-8) form #9 , were issued erroneously. The Case has been reassigned from Judge Virginia A. Phillips to Judge Jesus G. Bernal for all further proceedings. The case will now reflect the initials of the transferee Judge 5:18-cv-02349-JGB-SHKx. Docket item 8 and 9 should be disregarded. (car) Modified on 11/1/2018 (car). |
| Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 8 NOTICE OF ASSIGNMENT of Eastern Division Removal Case. This case was initially assigned to District Judge Jesus G. Bernal and referred to Magistrate Judge Shashi H. Kewalramani for discovery. Pursuant to General Order 16-05, this case has been randomly reassigned to District Judge Virginia A. Phillips. The case number on all documents filed with the Court in this case should read as follows: 5:18-cv-02349 VAP (SHKx). (car) |
| Filing 7 NOTICE RE INTRA-DISTRICT TRANSFER by Clerk of Court due to incorrect intra-district venue selected by the filer. Case is transferred to the Eastern Division. Case has been assigned to Judge Jesus G. Bernal for all further proceedings. Any matters that may be referred to a Magistrate Judge are assigned to Shashi H. Kewalramani. New Case Number 5:18-cv-02349-JGB-SHK. (car) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Benjamin H McCoy. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Rosalie Vaccarino, upon Defendant Aetna Health of California, Inc. served on 9/28/2018, answer due 10/19/2018. Service of the Summons and Complaint were executed upon Albert Damonte - Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 10/3/18 Submitted with attachment 4 to notice of removal #1 (car) |
| CONFORMED COPY OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT Executed by Plaintiff Rosalie Vaccarino, upon Defendant Aetna, Inc. served on 9/28/2018, answer due 10/19/2018. Service of the Summons and Complaint were executed upon Albert Damonte - Authorized to Accept Service in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. Filed in State Court on 10/3/18 Submitted with attachment 4 to notice of removal #1 (car) |
| CONFORMED COPY OF COMPLAINT against Defendants Aetna Health of California, Inc., Aetna, Inc., Does 1 through 100, inclusive, Regal Medical Group, Inc. Jury Demanded, filed by plaintiff Rosalie Vaccarino. Filed in State Court on 9/21/18 Submitted with attachment 4 to notice of removal #1 (car) |
| CONFORMED COPY OF FIRST AMENDED COMPLAINT against Defendants Aetna Health of California, Inc., Aetna, Inc., Does 1 through 100, inclusive, Regal Medical Group, Inc. amending Complaint - (Discovery),, filed by plaintiff Rosalie Vaccarino. Filed in State Court on 10/18/18 Submitted with Exhibit B to Document #5 (car) |
| Filing 6 NOTICE OF ERRATA filed by Defendant Aetna, Inc.. correcting Notice of Removal (Attorney Civil Case Opening),, #4 , Exhibit (non-trial) #5 Exhibit B (Faustman, David) |
| Filing 5 EXHIBIT Filed filed by Defendant Aetna, Inc.. Exhibit B as to Notice of Removal (Attorney Civil Case Opening),, #4 . (Faustman, David) |
| Filing 4 NOTICE OF REMOVAL from Riverside Superior Court, case number RIC1819360 with filing fee previously paid ($400.00 paid on 10/26/2018, receipt number 26D4F2GO), filed by Defendant Aetna, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Declaration of Scott, #7 Exhibit 1 to Declaration, #8 Exhibit 2 to Declaration, #9 Exhibit 3 to Declaration, #10 Exhibit 4 to Declaration) (Attorney David Frederick Faustman added to party Aetna, Inc.(pty:dft))(Faustman, David) |
| Filing 3 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: You have attempted to open this case electronically but have failed to upload successfully the required PDF version of any initiating document, such as a complaint or notice of removal. You must file an initiating document within two business days of this notice or the docket for this case number will be closed. You have attempted to open this case electronically but have failed to upload successfully the required PDF version of any initiating document, such as a complaint or notice of removal. You must file an initiating document within two business days of this notice or the docket for this case number will be closed. (car) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant Aetna Health of California, Inc., a California corporation, identifying Aetna Inc. and Aetna Health of California, Inc.. (Attorney David Frederick Faustman added to party Aetna Health of California, Inc., a California corporation (pty:dft))(Faustman, David) |
| Filing 1 CIVIL COVER SHEET filed by Defendant Aetna Health of California, Inc., a California corporation. (Faustman, David) |
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