James Hightower v. Southern California, Permanente Group et al
| James Hightower |
| Southern California, Permanente Group doing business as Anaheim Medical Center, DOES 1-10, Kaiser Foundation Hospitals and Southern California Permanente Medical Group |
| 5:2022cv00181 |
| January 28, 2022 |
| US District Court for the Central District of California |
| John W Holcomb |
| Kenly Kiya Kato |
| Shashi H Kewalramani |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 146
ORDER ON JOINT STIPULATION TO EXTEND DEADLINE TO FILE JOINT STIPULATION OF DISMISSAL OF ENTIRE ACTION WITH PREJUDICE PURSUANT TO RULE 41(a)(1)(A)(ii) OF THE FEDERAL RULES OF CIVIL PROCEDURE by Judge John W. Holcomb. The Joint Stipulation is GRANTED. 2. By February 10, 2023, the parties shall file a Joint Stipulation of Dismissal of Entire Action With Prejudice Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. (yl)
|
| Filing 145 Joint JOINT STIPULATION, on behalf of both parties, for Disposition of Claim from Relief From Decision of the Commissioner, filed by Plaintiff and Defendants Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order Proposed Order)(Hernandez, Monica) |
|
Filing 144
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: In light of the Notice of Settlement filed December 12, 2022 [ECF No. 143], indicating that the case has settled, this action is placed in inactive status. By January 12, 2023, the parties shall file either (1) a Stipulation of Dismissal under Fed. R. Civ. P. 41(a)(1)(A)(ii); (2) a Stipulation for an Order of Dismissal under Fed. R. Civ. P. 41(a)(2); or (3) a motion to reopen if settlement has not been consummated. Upon the failure to comply with this Order in a timely manner, this action shall be deemed dismissed as of January 13, 2023. This Court retains full jurisdiction over this action and this Order shall not prejudice any party. All previously set deadlines and dates are hereby VACATED. (JS-6) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cla) TEXT ONLY ENTRY
|
| Filing 143 NOTICE of Settlement JOINT NOTICE OF SETTLEMENT filed by Plaintiff and Defendants Kaiser Foundation Hospitals. (Hernandez, Monica) |
| Filing 142 MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Kenly Kiya Kato. After significant discussions and consultation with the Court, the parties agreed upon a confidential settlement. The terms and conditions of the settlement were set forth on the record under seal and specifically agreed to on the record by the parties. The parties shall file a notice of settlement by Monday, December 12, 2022, no later than 4:00 p.m. The notice of dismissal of the action pursuant to Federal Rule of Civil Procedure 41 shall be filed with the Court no later than thirty days from today. Court Recorder: CS RS4 12092022. (hr) |
|
Filing 141
MINUTE (In Chambers) Order by Magistrate Judge Kenly Kiya Kato. In anticipation of the settlement conference on Friday, December9, 2022, the parties shall exchange settlement offers. Plaintiff shall make a written settlement demand to Defendants no later than 5:00 p.m. on Tuesday, December 6, 2022. Defendants shall respond in writing to Plaintiff's settlement demand with a counter-offer no later than noon on Thursday, December 8, 2022. The parties shall provide copies of the written settlement demand and counter-offer via email to Judge Kato's chambers at kk_chambers@cacd.uscourts.gov. (hr)
|
|
Filing 140
ORDER Granting Defendant Southern California Permanente Medical Group's Motion to Compel Plaintiff's Responses to Requests for Production of Documents and Interrogatories by Magistrate Judge Kenly Kiya Kato: granting #127 Motion to Compel. Within fourteen (14) days of the date of this Order, Plaintiff shall serve on defendant SCPMG: (a) responses to the Requests for Production of Documents and documents responsive thereto without objection; and (b) verified responses to the Interrogatories without objection. (see document for further details) (hr)
|
| Filing 139 PLAINTIFF'S NOTICE TO THE COURT OF DEFENDANT'S MISREPRESENTATIONS WITH INTENT TO COMMIT CIVIL CONSPIRACY/COLLUSION filed by Plaintiff James Hightower. (yl) |
| Filing 138 NOTICE TO THE COURT OF DEFENDANTS MISREPRESENTATIONS WITH INTENT TO COMMIT CIVIL CONSPIRACY/COLLUSION filed by Plaintiff James Hightower. (hr) |
| Filing 137 Notice of Appearance or Withdrawal of Counsel: for attorney Monica Y Hernandez counsel for Defendant Southern California Permanente Medical Group. Adding Christina Semmer as counsel of record for Defendants SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP and KAISER FOUNDATION HOSPITALS for the reason indicated in the G-123 Notice. Filed by Defendants SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP and KAISER FOUNDATION HOSPITALS. (Attachments: #1 Notice of Appearance)(Hernandez, Monica) |
|
Filing 136
MINUTE ORDER IN CHAMBERS by Magistrate Judge Kenly Kiya Kato. On October 27, 2022, Defendant Southern California Permanente Medical Group filed a Motion to Compel Plaintiffs Responses to Discovery Requests (Motion) and set a hearing on the Motion for December 1, 2022. Dkt. 127. On October 28, 2022, Plaintiff filed an Opposition. Dkt. 129. On November 17, 2022, Defendant Southern California Permanente Medical Group filed a Reply. Dkt. 134. The Court finds the Motion appropriate for decision without oral argument. Accordingly, the December 1, 2022 hearing is hereby VACATED and the matter is taken under submission. re: MOTION to Compel Plaintiffs Responses to Discovery Requests #127 . (san) Modified on 11/18/2022 (san).
|
|
Filing 135
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that Plaintiff's Motion to Bifurcate Separate the EEOC Claim Against Defendant KFH from the Non EEOC Claims Against Defendant SCMG [ECF No. 97] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on November 18, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
|
| Filing 134 REPLY REPLY IN SUPPORT OF MOTION TO COMPEL PLAINTIFFS RESPONSES TO DISCOVERY REQUESTS MOTION to Compel Plaintiffs Responses to Discovery Requests #127 filed by Defendant Southern California Permanente Medical Group. (Hernandez, Monica) |
| Filing 133 SCHEDULING NOTICE by Magistrate Judge Kenly Kiya Kato. On the Court's own motion, the Video Settlement Conference set for 12/6/2022 at 9:30 a.m., is hereby rescheduled to 12/9/2022, at 10:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dsb) TEXT ONLY ENTRY |
|
Filing 132
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Plaintiff's Motion for Reconsideration of the Court's Order to Deny Rule 11 Sanctions [ECF No. 111] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on November 18, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
|
|
Filing 130
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Defendants Motion to Dismiss Plaintiff's Revisions to the First Amended Complaint [ECF No. 108], and the Order to Show Cause is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on November 4, 2022 at 9:00 a.m. The motion stands submitted on the papers timely filed. Accordingly, the Motion and Order to Show Cause is taken off calendar. No appearance by counsel is necessary. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
|
| Filing 131 Notice to The Court That Defendant's Disclosure of The EEOC Case File SEVEN MONTHS after the case started confirms Rule 11, 26, 37 violations and A Long History of Misstated Known and Relevant Facts filed by Plaintiff James Hightower. (yl) |
| Filing 129 OPPOSITION re: MOTION to Compel Plaintiffs Responses to Discovery Requests #127 filed by Plaintiff James Hightower. (et) |
| Filing 128 DECLARATION of Monica Y. Hernandez In Support Of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's "Revisions to the First Amended Complaint" Pursuant to F.R.C.P Rule 12(b)(6) #108 filed by Defendant Southern California Permanente Medical Group. (Attachments: #1 Exhibits A-D)(Hernandez, Monica) |
| Filing 127 NOTICE OF MOTION AND MOTION to Compel Plaintiffs Responses to Discovery Requests filed by Defendant Southern California Permanente Medical Group. Motion set for hearing on 12/1/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Declaration of Monica Y. Hernandez, #2 Proposed Order)(Hernandez, Monica) |
| Filing 126 Notice of Untimely Filings Re: (1) Opposition to Defendant SCPMG Judicial Notice of EEOC Document Allegedly Received from an FOIA Request; and (2) Retort and Opposition to Defendant SCPMG; Notice of Motion and Motion to Dismiss Plaintiffs Revisions to the First Amended Complaint Pursuant to F.R.C.P. Rule 12(B)(6) filed by Defendant Southern California Permanente Medical Group. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
|
Filing 125
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Order to Show Cause and Defendant's Motion to Dismiss Plaintiff's Revisions to the FAC [ECF No. 108] from October 28, 2022 at 9:00 a.m. to November 4, 2022 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
|
| Filing 124 OPPOSITION re: NOTICE OF MOTION AND MOTION for Reconsideration #111 Opposition to Motion for Reconsideration of the Courts [Sic] Order to Deny Rule 11 Sanctions ECF No. 109 filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 123 OPPOSITION re: NOTICE OF MOTION AND MOTION to Bifurcate #97 Opposition to Motion to Bifurcate: Separate the EEOC Claim Against Defendant KFH from the Non EEOC Claims Against Defendant SCPMG filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 122 Plaintiff Response to The Court Order to Show Cause Why He Should Not Be Sanctioned for His (Alleged) Repeated Failure to Follow the Local Rules, Pursuant to L.R. 83-7, And to Meet and Confer in Good Faith, As Required by This Court's Order. Pursuant To Rule 11(C)(3) Of the Federal Rules of Civil Procedure filed by Plaintiff James Hightower (yl) |
| Filing 121 PLAINTIFF RETORT AND OPPOSITION TO DEFENDANT SCPMG NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS REVISIONS TO THE FIRST AMENDED COMPLAINT PURSUANT TO F.R.C.P. RULE 12(b)(6) filed by Plaintiff James Hightower. (yl) |
| Filing 120 PLAINTIFF OPPOSITION TO DEFENDANT SCPMG JUDICIAL NOTICE OF EEOC DOCUMENT ALLEGEDLY RECEIVED FROM AN FOIA REQUEST filed by Plaintiff James Hightower. (yl) |
| Filing 119 Plaintiff Notice of Loss of Assess to PACER Account and Clerical Error: Submission of Documents Not Uploaded After Submission to The United States District Court for The Central District of California on Date 9/13/2022 filed by Plaintiff James Hightower. (yl) |
|
Filing 118
ORDER Denying Plaintiff's Motion for Reconsideration of the Court's Order Denying Plaintiff's Motion for Sanctions Pursuant to Federal Rules of Civil Procedure 26 and 37 by Magistrate Judge Kenly Kiya Kato: denying #116 MOTION for Reconsideration. (see document for details) (hr)
|
| Filing 117 Declaration of Monica Y. Hernandez Re Order to Show Cause filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group re: Order on Motion for Preliminary Injunction,,, #112 (Hernandez, Monica) |
| Filing 116 NOTICE OF MOTION AND MOTION for Reconsideration of the Court's Order Denying Plaintiff's Motion for Sanctions #95 #114 filed by Plaintiff James Hightower. Motion set for hearing on 11/17/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (hr) |
| Filing 115 STATEMENT of Notice of Plaintiff's Failure to Oppose Motion to Dismiss "Revisions to the First Amended Complaint" Pursuant to F.R.C.P. Rule 12(b)(6) NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's "Revisions to the First Amended Complaint" Pursuant to F.R.C.P Rule 12(b)(6) #108 filed by Defendant Southern California Permanente Medical Group. (Hernandez, Monica) |
|
Filing 114
ORDER Denying Plaintiff's Motion for Sanctions Pursuant to Federal Rules of Civil Procedure 26 and 37 by Magistrate Judge Kenly Kiya Kato: denying #95 Motion for Sanctions. Plaintiff's Motion for Sanctions is DENIED without prejudice. (see document for further details) (hr)
|
|
Filing 113
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION for Sanctions #95 . The Court finds the Motion appropriate for decision without oral argument. Accordingly, the October 20, 2022 hearing is hereby VACATED and the matter is taken under submission. (hr)
|
|
Filing 112
ORDER DENYING PLAINTIFF'S EX PARTE FOR A PRELIMINARY INJUNCTION [ ECF No. #104 ] (IN CHAMBERS) by Judge John W. Holcomb. Accordingly, the Court hereby ORDERS as follows: The Application is DENIED. Hightower is ORDERED TO SHOW CAUSE in writing, no later than October 21, 2022, why he should not be sanctioned for his repeated failure to follow the Local Rules, pursuant to L.R. 83-7, and to meet and confer in good faith, as required by this Court's order. Pursuant to Rule 11(c)(3) of the Federal Rules of Civil Procedure, attorney Monica Hernandez is ORDERED TO SHOW CAUSE in writing, no later than October 21, 2022, why she should not be sanctioned under the Federal Rules of Civil Procedure and this Courts Local Rules for making frivolous or untruthful statements to the Court. The Court SETS an in-person hearing on both OSCs for October 28, 2022, at 9:00 a.m. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 111 PLAINTIFF NOTICE OF MOTION AND MOTION TO FOR RECONSIDERATION OF THE COURTS ORDER TO DENY RULE 11 SANCTIONS ECF NO. #109 filed by Plaintiff James Hightower. Motion set for hearing on 11/18/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (yl) |
| Filing 110 RESPONSE to Defendants' Opposition to Plaintiff's MOTION for Sanctions #95 filed by Plaintiff James Hightower. (Attachments: #1 Joint Stipulation, Part 1, #2 Joint Stipulation, Part 2, #3 Joint Stipulation, Part 3, #4 Joint Stipulation, Part 4, #5 Joint Stipulation, Part 5, #6 Joint Stipulation, Part 6, #7 Joint Stipulation, Part 7, #8 Joint Stipulation, Part 8, #9 Joint Stipulation, Part 9)(hr) |
|
Filing 109
MINUTE ORDER DENYING PLAINTIFF'S MOTION FOR SANCTIONS #94 (IN CHAMBERS) by Judge John W. Holcomb. The Motion is DENIED. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 108 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's "Revisions to the First Amended Complaint" Pursuant to F.R.C.P Rule 12(b)(6) filed by Defendant Southern California Permanente Medical Group. Motion set for hearing on 10/28/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Monica Y. Hernandez, #2 Request for Judicial Notice, #3 Proposed Order) (Hernandez, Monica) |
| Filing 107 OPPOSITION Opposition re: EX PARTE APPLICATION for Preliminary Injunction #104 Defendants Southern California Permanente Medical Group and Kaiser Foundation Hospitals Opposition to Plaintiffs Ex Parte Application for Prohibitory and Preliminary Injunction Pending a Decision on the Merits of the Case filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Hernandez, Monica) |
| Filing 106 PLAINTIFF'S RETORT TO DEFENDANTS' OPPOSITION TO PLAINTIFF NOTICE OF MOTION AND MOTION FOR SANCTIONS PURSUANT TO RULE 11 #95 filed by Plaintiff James Hightower. (yl) |
| Filing 105 OPPOSITION Opposition re: MOTION for Sanctions PURSUANT TO RULE 26 and 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE #95 Defendant Southern California Permanente Medical Group and Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Motion for Sanctions Pursuant to Rule 26 and 37 of the Federal Rules of Civil Procedure filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 104 EX PARTE APPLICATION FOR PROHIBITORY AND PRELIMINARY INJUNCTION PENDING A DECISION ON THE MERITS OF THE CASE filed by Plaintiffs James Hightower. (yl) (Additional attachment(s) added on 9/29/2022: #1 Proposed Order) (yl). |
|
Filing 103
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the motion hearings re Plaintiff's Motion for Sanctions Pursuant to Rule 11 of the Federal rules of Civil Procedure #94 and Plaintiff's Motion to Bifurcate Separate the EEOC Claim Against Defendant KFH from the Non-EEOC Claims Against Defendant SCMG [ECF No. 97] from October 14, 2022 at 9:00 a.m. to November 18, 2022 at 9:00 a.m. The parties are DIRECTED to appear in person in Courtroom 9D, on the 9th Floor of the Ronald Reagan Federal Building and United States Courthouse at 411 W. Fourth Street Santa Ana, CA 92701. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY
|
| Filing 102 DEFENDANT SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP AND DEFENDANT KAISER FOUNDATION HOSPITALS OPPOSITION TO PLAINTIFFS MOTION FOR SANCTIONS PURSUANT TO RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE OPPOSITION re: NOTICE OF MOTION AND MOTION for Sanctions #94 filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Attachments: #1 Declaration DECLARATION OF MONICA Y. HERNANDEZ IN SUPPORT OF DEFENDANT SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP AND DEFENDANT KAISER FOUNDATION HOSPITALS OPPOSITION TO PLAINTIFFS MOTION FOR SANCTIONS PURSUANT TO RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE AND EXHIBITS A to C)(Hernandez, Monica) |
| Filing 101 NOTICE OF ERRATA: SUBMITTING ALTERNATING COURT DATES FOR NOTICE OF BIFURCATION BEFORE THE HONORABLE JUDGE HOLCOMB ON 10/21/22 filed by Plaintiff James Hightower. (yl) |
| Filing 100 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Deficiency in Electronically Filed Documents (G-112A) #99 , MOTION for Sanctions PURSUANT TO RULE 26 and 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE #95 by Magistrate Judge Kenly Kiya Kato. The hearing date has been rescheduled to 10/20/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (hr) |
| Filing 99 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: MOTION for Sanctions PURSUANT TO RULE 26 and 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE #95 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (hr) |
| Filing 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Bifurcate #97 . The following error(s) was/were found: Hearing information is missing, incorrect, or untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (yl) |
| Filing 97 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO BIFURCATE SEPARATE THE EEOC CLAIM AGAINST DEFENDANT KFH FROM THE NON EEOC CLAIMS AGAINST DEFENDANT SCPMG filed by Plaintiff James Hightower. Motion set for hearing on 10/14/2022 at 09:00 AM before Judge John W. Holcomb. (yl) (Additional attachment(s) added on 9/20/2022: #1 Proposed Order) (yl). |
| Filing 96 NOTICE OF ERRATA filed by Plaintiff James Hightower. correcting MOTION for Sanctions PURSUANT TO RULE 26 and 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE #95 (yl) |
| Filing 95 NOTICE OF MOTION AND MOTION FOR SANCTIONS PURSUANT TO RULE 26 and 37 OF THE FEDERAL RULES OF CIVIL PROCEDURE filed by Plaintiff James Hightower. Motion set for hearing on 10/15/2022 at 09:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Lodged Proposed Order)(hr) |
| Filing 94 NOTICE OF MOTION AND MOTION for Sanctions Pursuant to Rule 11 of the FRCP filed by Plaintiffs James Hightower. Motion set for hearing on 10/14/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (yl) |
|
Filing 93
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Kenly Kiya Kato. This case has been referred to Magistrate Judge Kenly Kiya Kato for settlement proceedings. The Video Settlement Conference is placed on calendar for December 6, 2022 at 9:30 a.m. (see document for further details) (hr)
|
| Filing 92 MINUTES (IN CHAMBERS) by Judge John W. Holcomb: ORDER DENYING DEFENDANT'S MOTION TO DISMISS [ECF No. 79] AND PLAINTIFF'S EX PARTE FOR AN ORDER SETTING AN EVIDENTIARY HEARING BEFORE RULING ON THE DEFENDANT'S DISPOSITIVE MOTIONS [ECF No. 83], #79 #83 . The hearing on the Motion to Dismiss, currently set for September 16, 2022, is VACATED. The parties are DIRECTED to meet and confer thoroughlyin person or by videoconferenceno later than September 16, 2022. SCPMG may refile its Motion to Dismissafter engaging in good faith in that conference of counselno later than September 30, 2022. (twdb) |
| Filing 91 Plaintiff's Opposition and Retort to Defendant Southern California Permanente Medical Group's Notice of Plaintiffs Untimely Filing Re: Plaintiff [Sic] Retort and Opposition to Defendant SCPMG [Sic] Motion to Dismiss Plaintiffs Fourth; Sixth; Seventh; Eight [Sic] And Tenth Claims for Relief #79 filed by Plaintiff James Hightower. (yl) |
| Filing 90 PLAINTIFF'S OPPOSITION TO DEFENDANT SCPMG REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS PLAINTIFF'S "REVISIONS TO THE FIRST AMENDED COMPLAINT" Pursuant to F.R.C.P Rule 12(b)(6) #79 filed by Plaintiff James Hightower. (yl) |
| Filing 88 Notice filed by Defendant Southern California Permanente Medical Group. Notice of Plaintiff's Untimely Filing Re: Plaintiff [sic] Retort and Opposition to Defendant SCPMG [sic] Motion to Dismiss Plaintiff's Fourth; Sixth; Seventh; Eight [sic] and Tenth Claims for Relief (Hernandez, Monica) |
| Filing 87 CERTIFICATE of Interested Parties filed by Defendant Kaiser Foundation Hospitals, Southern California Permanente Medical Group, identifying James Hightower, Plaintiff; Southern California Permanente Medical Group, Defendant; Kaiser Foundation Hospitals, Defendant. (Hernandez, Monica) |
| Filing 89 NOTICE OF LODGING PLAINTIFF'S EEOC CHARGE AND EEOC CASE FILE RECEIVED UNDER THE FREEDOM OF INFORMATION ACT (FOIA) filed by Plaintiff James Hightower. (yl) |
| Filing 84 OPPOSITION OPPOSITION re: EX PARTE APPLICATION for Hearing Evidentiary EX PARTE APPLICATION for Order for Grant Plaintiff Request for A Hearing Date Less Than 28 Days to Present Argument That Confirms Defendants Dispositive Motions Are Correspondingly Egregious and Collusive Acts to Impede the Judicial Process #83 Defendant Southern California Permanente Medical Group and Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Ex Parte Application for an Order Setting an Evidentiary Hearing filed by Defendants Kaiser Foundation Hospitals, Southern California Permanente Medical Group. (Hernandez, Monica) |
| Filing 86 PLAINTIFF RETORT AND RESPONSE TO DEFENDANT SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP AND DEFENDANT KAISER FOUNDATION HOSPITALS' OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER SETTING AN EVIDENTIARY HEARING #83 filed by Plaintiff James Hightower. (lom) |
| Filing 85 PLAINTIFF RETORT AND OPPOSITION TO DEFENDANT SCPMG MOTION TO DISMISS PLAINTIFF'S FOURTH; SIXTH; SEVENTH; EIGHT AND TENTH CLAIMS FOR RELIEF #79 filed by Plaintiff James Hightower. (lom) |
| Filing 83 Plaintiff's Ex Parte Motion for An Order Setting an Evidentiary Hearing Before Ruling on Defendants Dispositive Motions. Or In the Alternative, Grant Plaintiff Request for A Hearing Date Less Than 28 Days to Present Argument That Confirms Defendants Dispositive Motions Are Correspondingly Egregious and Collusive Acts to Impede the Judicial Process filed by Plaintiff James Hightower. (yl) (Additional attachment(s) added on 8/29/2022: #1 Proposed Order) (yl). |
| Filing 82 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Referred) #80 by Judge John W. Holcomb. The document is accepted as filed.Counsel must consult the Notice to Filer of Deficiencies #81 and file a Notice of Interested Parties no later than **September 1, 2022.** Failure to do so may result in the Answer being STRICKEN. (yl) |
| Filing 81 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Referred) #80 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (yl) |
| Filing 80 ANSWER to Amended Complaint #75 Defendant Kaiser Foundation Hospitals' Answer to Plaintiff's "Revisions to the First Amended Complaint" filed by Defendant Kaiser Foundation Hospitals.(Hernandez, Monica) |
| Filing 79 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's "Revisions to the First Amended Complaint" Pursuant to F.R.C.P Rule 12(b)(6) filed by Defendant Southern California Permanente Medical Group. Motion set for hearing on 9/16/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Monica Y. Hernandez, #2 Request for Judicial Notice, #3 Proposed Order) (Attorney Monica Y Hernandez added to party Southern California Permanente Medical Group(pty:dft)) (Hernandez, Monica) |
|
Filing 78
MINUTE ORDER DENYING PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AS MOOT [ECF No. 72] (IN CHAMBERS) by Judge John W. Holcomb. For those reasons, the Court hereby ORDERS as follows: 1. Hightower's Motion #72 is DENIED as moot. 2. The hearing on Hightower's Motion, currently set for 9:00 a.m. on August 26, 2022, is VACATED #72 . (lom)
|
| Filing 77 PLAINTIFF NOTICE OF ERRATA: FAILING TO ATTACH EXHIBIT "L"; "M" AND "N" TO THE REVISIONS OF HIS FIRST AMENDED COMPLAINT ECF No. #76 filed by Plaintiff James Hightower. (lom) |
| Filing 76 PLAINTIFF'S REDLINE VERSION SHOWING DRAFT PROPOSED CHANGES filed by Plaintiff James Hightower. (yl) |
| Filing 75 FIRST AMENDED COMPLAINT against Defendant James Hightower; Party Southern California, Permanente Group terminated amending Amended Complaint #11 , filed by Plaintiff James Hightower(yl) |
| Filing 74 PLAINTIFFS NOTICE OF REQUEST AND REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF HIS RE-NOTICE OF MOTION FOR JUDGMENT ON THE PLEADINGS #72 filed by Plaintiff James Hightower. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(yl) |
|
Filing 73
ORDER ON MOTION OF DEFENDANT SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUP TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT [ECF No. #36 ] by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS as follows: The Motion is GRANTED, in that: Hightower's fourth, sixth, seventh, eighth, eleventh, and twelfth claims for relief are dismissed with leave to amend; and Hightower's ninth claim for relief is dismissed without leave to amend. SCPMG's Request for Judicial Notice is DENIED. Hightower's Request for Judicial Notice is DENIED. Hightower is DIRECTED to file an amended pleading, if at all, nolater than August 5, 2022. If Hightower chooses to file an amended pleading, then he is also DIRECTED to file contemporaneously therewith a Notice of Revisions to his First Amended Complaint that provides the Court with a redline version that shows the amendments. If Hightower fails to file his amended pleading by August 5, 2022, then the Court will DISMISS Hightowers fourth, sixth, seventh, eighth, eleventh, and twelfth claims for relief for relief with prejudice. Defendants are DIRECTED to file their respective responses to Hightower's operative pleading no later than August 19, 2022. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 72 PLAINTIFFS RE-NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS; FILED CONCURRENTLY WITH PLAINTIFF REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THE MOTION. MEMORANDUM OF POINTS AND AUTHORITIES ATTACHED filed by Plaintiff James Hightower. Motion set for hearing on 8/26/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (yl) |
|
Filing 71
ORDER/REFERRAL to ADR Procedure No. 1 by Judge John W. Holcomb. Case ordered to Magistrate Judge Kenly Kiya Kato for Settlement Conference. ADR Proceeding to be held no later than 2/24/2023. (dgo)
|
|
Filing 70
CIVIL TRIAL SCHEDULING ORDER by Judge John W. Holcomb: Discovery cut-off 1/27/2023, Last date to conduct settlement conference 2/24/2023, Dispositive Motion Hearing cut-off 4/7/2023, Hearing on Motions in Limine 5/12/2023 at 9:00 AM, Final Pretrial Conference 5/19/2023 at 1:00 PM, Jury Trial 6/5/2023 at 9:00 AM before Judge John W. Holcomb. (See order for more details). (dgo)
|
|
Filing 69
MINUTES (IN CHAMBERS) Order (1) Granting in Part and Denying in Part Plaintiff's Motion for Protective Order [Dkt. #48 ]; (2) Denying Without Prejudice Plaintiffs Motion to Deem Facts Admitted and for Sanctions [Dkt. #56 ]; and (3)Granting in Part and Denying in Part Plaintiffs Motion to Compel Production of Documents [Dkt. #59 ] by Magistrate Judge Kenly Kiya Kato: IT IS THEREFORE ORDERED that (1) Plaintiffs Motion for Protective Order is GRANTED IN PART and DENIED IN PART as set forth above; (2) Plaintiff's Motion to Deem Facts Admitted is DENIED without prejudice; and (3) Plaintiff's Motion to Compel is GRANTED IN PART and DENIED IN PART. Both parties are cautioned that future failure to strictly comply with Local Rules 37-1 and 37- 2 will result in sanctions. In addition, an award of attorney's fees is generally required when a discovery motion is granted or denied in its entirety. See FED. R. CIV. P. 37(a)(5). [See Order for details] (et)
|
| Filing 68 AMENDED ANSWER Defendant Kaiser Foundation Hospitals' Amended Answer to Amended Complaint #11 filed by Defendant Kaiser Foundation Hospitals. (Hernandez, Monica) |
| Filing 67 Notice Notice of Revisions to Defendant Kaiser Foundation Hospitals' Answer to Plaintiff's First Amended Complaint filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Redlined Copy of KFH's Answer)(Hernandez, Monica) |
|
Filing 66
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION to Compel Production of Documents #59 , MOTION to Deem Facts Admitted and for Sanctions #56 . The Court finds the motions appropriate for decision without oral argument. Accordingly, the July 21, 2022 hearings are hereby VACATED. (hr)
|
| Filing 65 OPPOSITION OPPOSITION re: MOTION to Compel COMPEL PRODUCTION OF DOCUMENTS #59 Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Motion to Compel Production of Documents filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 64 OPPOSITION OPPOSITION re: MOTION for Order MOTION for Sanctions #56 Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Motion to Deem Facts Admitted Against Defendant (KFH) [Sic] for Failure to Comply with Fed. R. Civ. Pro. 36 and for Sanctions Due to Defendants [Sic] Abusive Discovery Practices and Fraud Upon the Court filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
|
Filing 63
MINUTE (IN CHAMBERS) ORDER by Magistrate Judge Kenly Kiya Kato, re: MOTION for Protective Order #48 . The Court finds the Motion for Protective Order appropriate for decision without oral argument. Accordingly, the July 14, 2022 hearing is hereby VACATED. (hr)
|
| Filing 62 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #41 by Judge John W. Holcomb. The document is stricken and counsel is ordered to file an amended or corrected document. The hearing information is missing, incorrect, or not timely. Plaintiff is reminded to refer to Judge Holcomb's Law and Motion Schedule posted on the Procedures and Schedules page on the Courts website, prior to filing any motion. Plaintiff is further DIRECTED to re-notice the motion for the corrected hearing date. (yl) |
| Filing 61 REPLY to DEFENDANTS OPPOSITION TO PLAINTIFF'S MOTION FOR A PROTECTIVE AND ORDER TO QUASH DEFENDANTS' SUBPOENAS, re: MOTION for Protective Order; to Quash Subpoenas re and Compel #48 , Opposition #60 , filed by Plaintiff James Hightower. (hr) |
| Filing 60 OPPOSITION OPPOSITION re: MOTION for Protective Order MOTION to Quash Subpoena MOTION to Compel #48 Defendants Southern California Permanente Medical Group and Kaiser Foundation Hospitals Opposition to Plaintiffs Motion for a Protective; Order to Quash Defendants Subpoenas filed by Defendants Kaiser Foundation Hospitals, Southern California, Permanente Group. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 59 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS filed by Plaintiff James Hightower. Motion set for hearing on 7/21/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Proposed Order)(et) |
|
Filing 58
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Motion to Dismiss Plaintiff's First Amended Complaint [ECF No. 36] is appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. Accordingly, the Court VACATES the hearing set on June 24, 2022. The motion stands submitted on the papers timely filed. The Court additionally VACATES the Scheduling Conference set for June 24, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
|
| Filing 57 NOTICE OF ERRATA filed by Plaintiff James Hightower. RE PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS, #40 (pj) |
| Filing 56 PLAINTIFF NOTICE OF MOTION AND MOTION TO DEEM FACTS ADMITTED AGAINST DEFENDANT (KFH) FOR FAILURE TO COMPLY WITH FED. R. CIV. PRO. 36 AND FOR SANCTIONS DUE TO DEFENDANTS ABUSIVE DISCOVERY PRACTICES AND FRAUD UPON THE COURT filed by Plaintiff James Hightower. Motion set for hearing on 7/21/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Part 1 to Motion, #2 Part 2 to Motion, #3 Proposed Order)(et) |
| Filing 55 NOTICE PLAINTIFF'S NOTICE OF DEFENDANT MISLEADING STATEMENTS IN THEIR TESTIMONY TO SUPPORT OF MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed by Plaintiff James Hightower. (yl) |
|
Filing 54
ORDER STRIKING FILED DOCUMENTS FROM THE RECORD by Magistrate Judge Kenly Kiya Kato. The documents listed below were improperly filed for the following reasons: Civil Local Rule 6-1 requires a notice of motion shall be filed with the Clerk not later than twenty-eight (28) days before the set for hearing." Plaintiff, however, filed the motion only twenty-four (24) days before the date set for hearing; therefore, the following document(s) shall be stricken from the record and shall not be considered by the Court: MOTION to Deem Facts Admitted Against Defendant #43 . (hr)
|
| Filing 53 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment #41 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 52 PLAINTIFF'S AMENDMENT TO RULE 26(f) JOINT STATEMENT AND NOTICE AND WARNING OF DEFENDANTS FRAUD ON THE COURT filed by Plaintiff James Hightower. (lom) |
| Filing 51 PLAINTIFF NOTICE OF ERROR, REQUEST TO WITHDRAW APPLICATION TO STAY MATTERS PENDING JURY DUTY #46 filed by Plaintiff James Hightower. (lom) |
| Filing 50 NOTICE of Plaintiff's Untimely Filings filed by Defendants Kaiser Foundation Hospitals, Southern California, Permanente Group. Defendants Notice of Plaintiffs Untimely Filings Re: (1) Motion for Partial Judgment on the Pleadings; and (2) Motion to Deem Facts Admitted Against Defendant Kaiser Foundation Hospitals (Hernandez, Monica) |
|
Filing 49
ORDER DENIED RE PLAINTIFF'S EXPARTE APPLICATION FOR A CONTINUANCE OF COURT HEARING ON FRIDAY 6/17/2022 TO ATTEND JURY DUTY #46 by Judge John W. Holcomb. (lom) Modified on 6/15/2022 (lom).
|
|
Filing 47
SCHEDULING NOTICE AND ORDER by Judge John W. Holcomb: On its own motion, the Court CONTINUES the Scheduling Conference from June 17, 2022, to June 24, 2022, at 9:00 a.m., via video conference. To obtain the video conference link for the scheduled hearing, the parties are directed to Judge Holcomb's Procedures and Schedules page on the Court's website: http://www.cacd.uscourts.gov/honorable-john-w-holcomb. Please follow the instructions listed under Zoom Webinar Hearings. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
|
| Filing 48 PLAINTIFF NOTICE OF MOTION AND MOTION FOR A PROTECTIVE ORDER; TO QUASH DEFENDANTS SUBPOENAS AND COMPEL DEFENDANTS TO RESPOND TO REQUEST FOR INFORMATION (SET ONE) filed by Plaintiff James Hightower. Motion set for hearing on 7/14/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Part 1 to Motion, #2 Proposed Order)(et) |
| Filing 46 EX PARTE APPLICATION FOR A CONTINUANCE OF COURT HEARING ON FRIDAY 6/17/2022 TO ATTEND JURY DUTY filed by Plaintiff James Hightower. (lom) |
| Filing 45 REQUEST FOR JUDICIAL NOTICE Defendant Southern California Permanente Medical Groups Opposition to Plaintiffs Request for Judicial Notice filed by Defendant Southern California, Permanente Group. (Hernandez, Monica) |
| Filing 44 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint #36 Defendant Southern California Permanente Medical Groups Reply in Support of Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) filed by Defendant Southern California, Permanente Group. (Attachments: #1 Reply in Support of Request for Judicial Notice)(Hernandez, Monica) |
| Filing 43 NOTICE OF MOTION AND MOTION to Deem Facts Admitted Against Defendant (KFH) for Failure to Comply with Fed. R. Civ. Pro. 36 and for Sanctions Due to Defendants Abusive Discovery Practices and Fraud Upon the Court filed by Plaintiff James Hightower. Motion set for hearing on 6/30/2022 at 10:00 AM before Magistrate Judge Kenly Kiya Kato. (Attachments: #1 Motion, Part 2, #2 Declaration in Support of Motion, #3 Notice of Lodging, #4 Proposed Order)(hr) |
| Filing 42 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4-5 days, filed by Defendants Kaiser Foundation Hospitals, Southern California, Permanente Group.. (Hernandez, Monica) |
| Filing 41 PLAINTIFFS NOTICE OF MOTION AND MOTION FOR "PARTIAL" JUDGMENT ON THE PLEADINGS filed by Plaintiff James Hightower. Motion set for hearing on 6/24/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Proposed Order) (yl) |
| Filing 40 PLAINTIFF'S OPPOSITION TO DEFENDANT;S MOTION TO DISMISS AND REQUEST THE COURT IMPOSE IT'S INHERENT POWERS OF TERMINATING SANCTION DUE DEFENDANT'S FABRICATION OF EVIDENCE #36 filed by Plaintiff James Hightower. (yl) Modified on 6/3/2022 (yl). |
| Filing 39 DECLARATION OF JAMES HIGHTOWER PRO PER PLAINTIFF filed by Plaintiff James Hightower. (yl) |
| Filing 38 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE: FILED CONCURRENTLY HEREWITH PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND PLAINTIFF'SMOTION FOR "PARTIAL JUDGMENT ON THE PLEADINGS, IF NOT TERMINATING SANCTION DUE DEFENDANT FABRICATION OF EVIDENCE filed by Plaintiff James Hightower. (yl) |
| Filing 37 PLAINTIFF'S OPPOSITION TO DEFENDANT SOUTHERN CALIFORNIA PERMANENTE MEDICAL GROUPS REQUEST FOR JUDICIAL NOTICE OF EEOC FORM 5 #36 filed by Plaintiff James Hightower. (yl) |
| Filing 36 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant Southern California, Permanente Group. Motion set for hearing on 6/24/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Monica Y. Hernandez, #2 Request for Judicial Notice, #3 Proposed Order) (Attorney Monica Y Hernandez added to party Southern California, Permanente Group(pty:dft)) (Hernandez, Monica) |
| Filing 35 TEXT ONLY ENTRY: NOTICE TO PARTIES by District John W. Holcomb. Effective Monday, May 23, 2022, Judge John W. Holcomb will be located in the Ronald Reagan Federal Building and U.S. Courthouse, Courtroom 9D, on the 9th Floor, located at 411 W. 4th Street, Santa Ana, California 92701-4516. All Court appearances shall be made in Courtroom 9D of the Ronald Reagan Federal Building and U.S. Courthouse unless otherwise ordered by the Court. All required mandatory chambers copies shall be delivered and placed in the drop box located on the 9th Floor of the Ronald Reagan Federal Building and U.S. Courthouse. Judge Holcomb's Courtroom Deputy Clerk, may be reached at JWH_Chambers@cacd.uscourts.gov. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
|
Filing 34
ORDER DENYING PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE AND MOTION TO STRIKE THE ANSWER [ECF No. #22 ] AND DENYING PLAINTIFF'S EX PARTE APPLICATION TO RESCHEDULE THE HEARING [ECF No. #22 ] (IN CHAMBERS) Before the by Judge John W. Holcomb. For those reasons, the Court hereby ORDERS as follows: Hightower's request for judicial notice is DENIED. Hightower's motion to strike Kaisers answer is DENIED, and the hearing on the Motion set for May 20, 2022, is VACATED. Hightower's ex parte application to continue the hearing on his Motion is DENIED as moot. IT IS SO ORDERED. (See document for further details) (yl)
|
| Filing 33 PLAINTIFF DECLARATION IN SUPPORT OF A PROPOSED ORDER TO RESCHEDULE COURT HEARINGS SO THAT I MAY ADDRESS MENTAL HEALTH CONCERNS #31 filed by Plaintiff James Hightower. (yl) |
| Filing 32 MEMORANDUM IN SUPPORT OF PLAINTIFF'S EX PARTE APPLICATION AND PROPOSED ORDER TO RESCHEDULE COURT HEARINGS SO THAT I MAY ADDRESS MENTAL HEALTH CONCERNS #31 filed by Plaintiff James Hightower. (yl) |
| Filing 31 PLAINTIFF'S EX PARTE APPLICATION AND PROPOSED ORDER TO RESCHEDULE COURT HEARINGS SO THAT I MAY ADDRESS MENTAL HEALTH CONCERNS filed by Plaintiff James Hightower. (yl) |
| Filing 30 PLAINTIFF'S RESPONSE TO DEFENDANT KAISER FOUNDATION HOSPITALS OPPOSITION TO PLAINTIFFS MOTION TO STRIKE THE AFFIRMATIVE DEFENSES #22 filed by Plaintiff James Hightower. (yl) |
| Filing 29 PLAINTIFF'S RESPONSE TO DEFENDANT KAISER FOUNDATION HOSPITALS'OPPOSITION TO PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE filed by Plaintiff James Hightower. (yl) |
|
Filing 28
MINUTE ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION [ECF No. #24 ] (IN CHAMBERS) by Judge John W. Holcomb. For the foregoing reasons, the Court hereby ORDERS that Hightower's instant Application for the appointment of a special master is DENIED. IT IS SO ORDERED. (See document for further details) (yl) Modified on 5/3/2022 (yl).
|
| Filing 27 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Appointing a Special Master #24 Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Ex Parte Application for an Order Appointing a Special Master filed by Defendant Kaiser Foundation Hospitals. (Hernandez, Monica) |
| Filing 26 OPPOSITION in opposition re: REQUEST to Strike REQUEST for Order #22 Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Request for Judicial Notice filed by Defendant Kaiser Foundation Hospitals. (Hernandez, Monica) |
| Filing 25 MEMORANDUM in Opposition to REQUEST to Strike REQUEST for Order #22 Defendant Kaiser Foundation Hospitals Opposition to Plaintiffs Motion to Strike the Affirmative Defenses filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Monica Y. Hernandez)(Hernandez, Monica) |
| Filing 24 PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER APPOINTING A SPECIAL MASTER TO ENABLE PLAINTIFF WITH DISABILITIES TO HAVE AN EQUAL AND FAIR OPPORTUNITY AT JUSTICE UNDER THE ADA filed by Plaintiff James Hightower. (yl) Modified on 4/28/2022 (yl). (Additional attachment(s) added on 4/28/2022: #1 Proposed Order) (yl). |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Strike REQUEST for Order #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect judge is listed on the pleading. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (yl) |
| Filing 22 PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE PURSUANT TO FEDERAL RULES OF EVIDENCE RULE 201. PLAINTIFF'S NOTICE OF MOTION AND MOTION TO STRIKE THE AFFIRMATIVE DEFENSES: MEMORANDUM OF POINTS AND AUTHORITIES ATTACHED filed by Plaintiff James Hightower. Hearing on 5/20/2022 at 09:00 AM before Judge John W. Holcomb. (yl) |
|
Filing 21
ORDER SETTING SCHEDULING CONFERENCE by Judge John W. Holcomb. Scheduling Conference set for 6/17/2022 at 11:00 AM before Judge John W. Holcomb. (iva)
|
| Filing 20 NOTICE OF DEFICIENCY Re: APPLICATION for Clerk to Enter Default against Defendant Kaiser Foundation Hospitals #19 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (yl) |
| Filing 19 APPLICATION for Clerk to Enter Default against Defendant Kaiser Foundation Hospitals filed by Plaintiff James Hightower. (yl) |
| Filing 18 ANSWER to Amended Complaint #11 Defendant Kaiser Foundation Hospitals' Answer to Plaintiff's First Amended Complaint filed by Defendant Kaiser Foundation Hospitals.(Hernandez, Monica) |
| Filing 17 WAIVER OF SERVICE Returned Executed filed by plaintiff James Hightower. upon Southern California, Permanente Group waiver sent by Plaintiff on 3/22/2022, answer due 5/23/2022. Waiver of Service signed by Monica Hernandez, Attorney. (twdb) |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff James Hightower, upon Defendant Southern California, Permanente Group served on 3/11/2022, answer due 4/1/2022. Service of the Summons and Complaint were executed upon Troy Valdez, Attorney for defendant; John Doe - Did not state name, Security Guard in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (twdb) |
| Filing 15 PROOF OF SERVICE Executed by Plaintiff James Hightower, upon Defendant Kaiser Foundation Hospitals served on 3/7/2022, answer due 3/28/2022. Service of the Summons and Complaint were executed upon Koy Saechao Agent for Service, Intake Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 14 PROOF OF SERVICE Executed by Plaintiff James Hightower, upon Defendant Southern California, Permanente Group served on 3/7/2022, answer due 3/28/2022. Service of the Summons and Complaint were executed upon Koy Saechao Agent for Service, Intake Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) Modified on 3/23/2022 (twdb). |
| Filing 13 21 DAY Summons Issued re Amended Complaint #11 as to Defendants Kaiser Foundation Hospitals and Southern California, Permanente Group. (yl) |
| Filing 12 CERTIFICATE of Interested Parties filed by Plaintiffs James Hightower (yl) |
| Filing 11 FIRST AMENDED COMPLAINT against Defendants James Hightower amending Complaint - (Referred), #1 , filed by Plaintiff James Hightower(yl) |
|
Filing 10
SELF-REPRESENTATION ORDER by Judge John W. Holcomb. (iva)
|
|
Filing 9
STANDING ORDER by Judge John W. Holcomb. (iva)
|
| Filing 8 Text Only Entry - IN CHAMBERS by Judge John W. Holcomb: Notice Regarding Electronic Document Submission System for People Without Lawyers. People who are not represented by attorneys may now submit documents for filing through the Court's Electronic Document Submission System ("EDSS") instead of mailing or bringing documents to the Clerk's Office. EDSS is not the same as filing documents electronically in the Court's CM/ECF System. Registration is not required to use EDSS and you do not need a PACER account; only internet access and an e-mail address are required. Attorneys may not use EDSS to submit documents on behalf of their clients. To access EDSS and for additional information, visit the Court's website at https://apps.cacd.uscourts.gov/edss. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff James Hightower, upon Defendant Southern California, Permanente Group served on 2/4/2022, answer due 2/25/2022. Service of the Summons and Complaint were executed upon Corporation Service Company which will do business in California as CSC- in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
|
Filing 6
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Shashi H. Kewalramani. ORDER case returned to the Clerk for random reassignment for Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Shashi H. Kewalramani to Magistrate Judge Kenly Kiya Kato for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-00181-JWH(KKx). (ap)
|
| Filing 5 NOTICE OF CLERICAL ERROR: Upon further review, the case does not falls under General Order 05-07, referral to a Magistrate for a report and recommendation. Therefore, the case has been assigned to District Judge John W. Holcomb and referred to Magistrate Judge Shashi H. Kewalramani for discovery related matters. The case will now reflect the initials of the transferee Judge 5:22-cv-00181 JWH(SHKx). (rn) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge John F. Walter and referred to Magistrate Judge Karen E. Scott. (jtil) |
| Filing 3 21 DAY Summons Issued re Complaint - (Referred), #1 as to Defendant Southern California, Permanente Group. (jtil) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff James L Hightower. (jtil) |
| Filing 1 COMPLAINT filed by Plaintiff James L Hightower against Defendants Southern California, Permanente Group. Case assigned to Judge John F. Walter and referred to Magistrate Judge Karen E. Scott.(Filing fee $402 Paid) (Attachments: #1 CV71) (jtil) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
