Stephan Dean et al v. Kaiser Foundation Health Plan Inc et al
| Stephan Dean doing business as SureFile Filing Systems |
| Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals and Does 1-50 Inclusive |
| Liza Dean doing business as SureFile Filing Systems |
| 5:2022cv00278 |
| February 14, 2022 |
| US District Court for the Central District of California |
| Kenly Kiya Kato |
| Shashi H Kewalramani |
| Mark C Scarsi |
| Trademark |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| None |
Docket Report
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| Filing 118 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 23-55580 assigned to Notice of Appeal to 9th Circuit Court of Appeals #116 as to plaintiffs Liza Dean, Stephan Dean. (mat) |
Filing 117
ORDER RE: SECOND MOTION AND AFFIDAVIT FOR LEAVE TO APPEAL IN FORMA PAUPERIS ECF NO. #115 by Judge Mark C. Scarsi:Plaintiff and Counterclaim Defendant Stephan Dean moved for leave to appeal in forma pauperis. (1st Mot., ECF No. 113.) The Court denied the motion and certified that the proposed appeal is not taken in good faith under 28 U.S.C. 1915(a)(3) and that the appeal also does not present a substantial question within the meaning of 28 U.S.C. 753(f). (Order Re: 1st Mot. 3, ECF No. 114.) Because the Court has not found that at least one issue or claim the Deans forappeal is non-frivolous, Hooker, 302 F.3d at 1092, the Court certifies that theproposed appeal is not taken in good faith under 28 U.S.C. 1915(a)(3). For similarreasons, the appeal also does not present a substantial question within the meaning of28 U.S.C. 753(f). Pursuant to Rule 24(a)(4), the Court directs the Clerk to immediatelynotify the Deans and the Ninth Circuit Court of Appeals of this Order. The Court advises the Deans that they may seek leave to proceed in forma pauperis on appeal by filingsuch a motion in the Ninth Circuit Court of Appeals within 30 days of service of thisOrder. Fed. R. App. P. 24(a)(5). Any such motion must include a copy of the affidavitfiled in the district court and the district courts statement of reasons for its action. Id.IT IS SO ORDERED. [See document for all complete details.] (mat)
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| Filing 116 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff, Cross Defendant Stephan Dean. Appeal of Order on Motion to Dismiss,,,, Order on Motion to Strike,,, #31 . (Appeal Fee - In Forma Pauperis Request.) (Dean, Stephan) |
| Filing 115 NOTICE OF MOTION AND MOTION to Appeal in forma pauperis filed by Plaintiff, Cross Defendant Stephan Dean. (Attachments: #1 Signed Application, #2 Proposed Order) (Dean, Stephan) |
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Filing 114
ORDER by Judge Mark C. Scarsi: denying #113 MOTION AND AFFIDAVIT FOR LEAVE TO APPEAL IN FORMA PAUPERIS (ECF NO. 113). Because the Court has not found that at least one issue or claim Mr. Dean presents for appeal is non-frivolous, Hooker, 302 F.3d at 1092, the Court certifies that the proposed appeal is not taken in good faith under 28 U.S.C. 1915(a)(3). For similar reasons, the appeal also does not present a substantial question within the meaning of 28 U.S.C. 753(f). Pursuant to Rule 24(a)(4), the Court directs the Clerk to immediatelynotify Mr. Dean and the Ninth Circuit Court of Appeals of this Order. The Court advises Mr. Dean that he may seek leave to proceed in forma pauperis on appeal by filing such a motion in the Ninth Circuit Court of Appeals within 30 days of service of this Order. Fed. R. App. P. 24(a)(5). Any such motion must include a copy of the affidavit filed in the district court and the district court's statement of reasons for its action. Id. [See document for all details.] (mat)
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| Filing 113 First NOTICE OF MOTION AND MOTION to Appeal in forma pauperis filed by Plaintiff, Cross Defendant Stephan Dean. (Attachments: #1 Signed Application, #2 Proposed Order) (Dean, Stephan) |
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Filing 112
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: Case should have been closed on entry dated May 31, 2023 #106 . (Made JS-6. Case Terminated.) (lc)
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| Filing 111 Writ of Execution issued re attorney fees against Liza Dean, Stephan Dean #34 re: Affidavit and Request for Issuance of Writ of Execution, #110 . (lc) |
| Filing 110 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #106 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Writ of Execution, #2 Declaration of John Burns, #3 Certificate of Service)(Burns, John) |
| Filing 109 NOTICE OF DEFICIENCY WRIT OF EXECUTION. The document is being returned to you for correction of: Entered date listed on the writ/abstract does not match the entered date of the judgment/order. The amount(s) listed in writ/abstract do(es) not coincide with the amount(s) in the judgment/order. The judgment date of 6/1/2023 and amount of 50,804.89 is Incorrect. The attached copy of the judgment has no money amounts and is not applicable. The actual money amount sought is for Attorney Fees in the amount of $50,804.89 ( Refer to ORDER ON ATTORNEY FEES Dated and Entered 4/12/2022 ). Please correct Both the affidavit and writ as applicable. (lc) |
| Filing 108 Affidavit and Request for Issuance of Writ of Execution re: Judgment,,, #106 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Writ of Execution, #2 Declaration of John Burns, #3 Certificate of Service)(Burns, John) |
| Filing 107 APPLICATION to the Clerk to Tax Costs against Plaintiffs Liza Dean, Stephan Dean filed by Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc.. (Attachments: #1 Declaration Declaration of John F. Burns, #2 Certificate of Service) (Burns, John) |
| Filing 106 JUDGMENT by Judge Mark C. Scarsi: After consideraton of Counterclaimant Kaiser Foundation Health Plan, Inc.s motion for summary judgment against counterclaim defendants Stephan Dean and Liza Dean, dba SureFile Filing Systems, the Court hereby GRANTS Kaisers motion in significant part #105 . Counterclaim Defendants and each of them, and, as applicable, their officers are permanently enjoined re KAISER, KAISER PERMANENTE, KP, KP HEALTHCONNECT, and the HappyFamily Logo trademarks (collectively, the "Kaiser Marks") (SEE DOCUMENT FOR SPECIFICS AS ENUMERATED HEREIN). Pursuant to the Courts Order Re: Motion to Dismiss and Motion to Strike (ECF No. 31), the Complaint of Plaintiffs Stephan Dean and Liza Dean, individually and dba SureFile Filing Systems, is dismissed with prejudice and without leave to amend as against Defendants Kaiser Foundation Health Plan Inc., and Kaiser Foundation Hospitals. (lc) |
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Filing 105
ORDER RE: COUNTERCLAIMANT KAISER FOUNDATION HEALTH PLAN, INC.'S MOTIONS TOENFORCE AWARD OF ATTORNEYS FEES #85 AND FOR SUMMARY JUDGMENT #97 by Judge Mark C. Scarsi: The Court grants in part Kaiser's motion for summary judgment. Kaiser is entitled to summary judgment on the damages element of its breach of contract claim. The Court will issue a permanent injunction as outlined in its final judgment. The Court declines to consider whether Kaiser has demonstrated the propriety of nominal damages or is entitled to specific performance. Kaiser's motion to enforce the award of attorney's fees and to find the Deans incontempt is denied without prejudice to Kaiser's continued attempts to collect the fee award. (lc)
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| Filing 104 MINUTES (IN CHAMBERS) by Judge by Judge Mark C. Scarsi. ORDER RE: JOINT MOTION FOR ORDER REFERRING CASE FOR A SETTLEMENT CONFERENCE PURSUANT TO ADR PROCEDURE 1 #83 . In December 2022, the parties requested a referral to alternative disputeresolution proceedings before the Magistrate Judge. The Court intended to grant the request in December, but its order did not issue due to a clerical error. The Court regrets this error and now GRANTS the request to ADR PROCEDURE NO. 1 Case ordered to assigned Magistrate Judge on the case, Magistrate Judge Kenly Kiya Kato for Settlement Conference. On its own motion, the Court vacates the alternative dispute resolution deadline of May 19, 2023. The Court assumes that the parties and the Magistrate Judge are unprepared to schedule and conduct a settlement conference this week. The Court will set a new deadline, if necessary, in its orders resolving the pending motions. All other dates and deadlines remain in place, (lc) |
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Filing 103
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #97 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion for Summary Judgment as to Counter-Claimants' Causes of Action (ECF No. #97 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on May 8, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 102 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Counter-Claimants Causes of Action #97 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Burns, John) |
| Filing 101 OPPOSITION TO MOTION FOR SUMMARY JUDGEMENT re: NOTICE OF MOTION AND MOTION for Summary Judgment as to Counter-Claimants Causes of Action #97 filed by Counter Defendant Stephan Dean. (Attachments: #1 Memorandum, #2 Declaration, #3 Memorandum)(Dean, Stephan) |
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Filing 100
TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION (ECF No. #85 ) UNDER SUBMISSION by Judge Mark C. Scarsi: The Court has considered the matters raised with respect to the Motion to Enforce Attorney's Fees (ECF No. #85 ) and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion(s), noticed for hearing on April 10, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 98 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE: MOTION TO DISMISS #95 . Counterclaim Defendants Stephen Dean and Liza Dean move to dismiss the Counterclaim of Counterclaimants Kaiser Foundation Health Plan, Inc. The Court deems the motion appropriate for decision without oral argumentand vacates the April 24 hearing. Fed. R. Civ. P. 78(b); C.D. Cal. R. 7-15.The Court DENIES the motion for failure to comply with court rules governingmotion practice. The Court also denies the motion for failure to identify an appropriate legal standard (SEE DOCUMENT FOR SPECIFICS AS DISCUSSED HEREIN). (lc) |
| Filing 97 NOTICE OF MOTION AND MOTION for Summary Judgment as to Counter-Claimants Causes of Action filed by Counter-Claimant Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 5/8/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum of Points and Authorities, #2 Statement of Uncontroverted Facts and Conclusions of Law, #3 Request for Judicial Notice, #4 Declaration of Holly Burke, #5 Declaration of John Krave, #6 Declaration of Ross Dreyer, #7 Declaration of Catherine Maxson, #8 Declaration of John F. Burns, #9 Proposed Order, #10 Certificate of Service) (Burns, John) |
| Filing 96 REPLY in support of NOTICE OF MOTION AND MOTION to Enforce Attorney's Fees #85 Reply in Support of Defendant Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Enforce Stipulation on Attorney's Fees and Order Awarding Attorney's Fees; Hold Plaintiffs and Counter-Defendants in Contempt of Order Awarding Attorney's Fees; and Award Costs and Fees and Other Sanctions filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Burns, John) |
| Filing 95 First NOTICE OF MOTION AND MOTION to Dismiss Case filed by Plaintiff, Cross Defendant Stephan Dean. Motion set for hearing on 4/24/2023 at 09:00 AM before Judge Mark C. Scarsi. (Dean, Stephan) |
| Filing 94 OPPOSITION to NOTICE OF MOTION AND MOTION to Enforce Attorney's Fees #85 filed by Counter Defendant Stephan Dean. (Dean, Stephan) |
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Filing 93
ORDER Granting in Part and Denying in Part Counter-Claimant's Ex Parte Application to Compel Discovery Responses by Magistrate Judge Kenly Kiya Kato: granting in part and denying in part #88 Ex Parte Application for Discovery. Within five (5) days of the date of this Order, the Deans shall serve on Kaiser further responses without objections to Kaiser's Interrogatories, Requests for Production along with all responsive documents, and Requests for Admission. (see document for further details) (hr)
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| Filing 92 REPLY EX PARTE APPLICATION for Discovery regarding Motion to Compel Responses First Opposed Ex Parte Application to Compel Discovery Responses #88 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Burns, John) |
| Filing 91 DECLARATION of Stephan and Liza Dean in opposition EX PARTE APPLICATION for Discovery regarding Motion to Compel Responses First Opposed Ex Parte Application to Compel Discovery Responses #88 filed by Counter Defendant Stephan Dean. (Dean, Stephan) |
| Filing 90 MEMORANDUM in Opposition to EX PARTE APPLICATION for Discovery regarding Motion to Compel Responses First Opposed Ex Parte Application to Compel Discovery Responses #88 filed by Counter Defendant Stephan Dean. (Dean, Stephan) |
| Filing 89 OPPOSITION to EX PARTE APPLICATION for Discovery regarding Motion to Compel Responses First Opposed Ex Parte Application to Compel Discovery Responses #88 filed by Counter Defendant Stephan Dean. (Dean, Stephan) |
| Filing 88 EX PARTE APPLICATION for Discovery regarding Motion to Compel Responses First Opposed Ex Parte Application to Compel Discovery Responses filed by Counter-Claimant Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of John Burns, #3 Exhibit Exhibit A to Declaration of John Burns, #4 Exhibit Exhibit B to Declaration of John Burns, #5 Exhibit Exhibit C to Declaration of John Burns, #6 Exhibit Exhibit D to Declaration of John Burns, #7 Exhibit Exhibit E to Declaration of John Burns, #8 Exhibit Exhibit F to Declaration of John Burns, #9 Exhibit Exhibit G to Declaration of John Burns, #10 Exhibit Exhibit H to Declaration of John Burns, #11 Exhibit Exhibit I to Declaration of John Burns, #12 Exhibit Exhibit J to Declaration of John Burns, #13 Exhibit Exhibit K to Declaration of John Burns, #14 Exhibit Exhibit L to Declaration of John Burns, #15 Exhibit Exhibit M to Declaration of John Burns, #16 Exhibit Exhibit N to Declaration of John Burns, #17 Proposed Order Proposed Order)(Burns, John) |
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Filing 87
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: JOINT MOTION FOR ORDER EXTENDING THE DISCOVERY PERIOD AND OTHER DATES #86 . The parties filed a joint motion for an order extending the case schedule on the basis of a newly-arisen discovery dispute. (J. Mot., ECF No. 86.) The motion is Denied. First, the motion suffers from procedural defects. The motion is electronically signed by Liza Dean, who is not a CM/ECF filer and thus must affix hand signatures to documents she submits. C.D. Cal. R. 5-4.3.4(a)(3). 1 It is also unaccompanied by "a detailed declaration of counsel" explaining why the requested relief is "essential." (Initial Standing Order 4, ECF No. 8.) Second, the Court denies the motion on its merits. (lc)
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| Filing 86 JOINT STIPULATION to Joint MOTION for Discovery regarding Amend Discovery Plan and Trial Schedule #82 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order Granting Joint Motion for ORder Extending the Discovery Period and Other Dates)(Burns, John) |
| Filing 85 NOTICE OF MOTION AND MOTION to Enforce Attorney's Fees filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 4/10/2023 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of John Burns, #3 Exhibit Exhibits A-F to Declaration of John Burns, #4 Proposed Order Proposed Order) (Burns, John) |
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Filing 84
ORDER GRANTING JOINT MOTION TO AMEND DISCOVERY PLAN AND TRIAL SCHEDULE #82 by Judge Mark C. Scarsi: Final Pretrial Conference: 7/31/2023 at 2:00 PM; Bench Trial ; 8/15/2023 at 8:30 AM (SEE DOCUMENT FOR ALL SPECIFIED DEADLINES). (lc)
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| Filing 83 REQUEST for ADR Procedure No. 1 filed. Parties request to Appear Before Magistrate judge for settlement proceedings. Filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order Proposed Order Referring Case for a Settlement Conference - ADR Procedure 1)(Burns, John) |
| Filing 82 NOTICE OF MOTION AND Joint MOTION for Discovery regarding Amend Discovery Plan and Trial Schedule filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order to Amend Discovery Plan)(Burns, John) |
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Filing 81
ORDER RE: DEFENDANT AND COUNTERCLAIMANT KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION FOR SUMMARY JUDGMENT by Judge Mark C. Scarsi. Viewing the undisputed facts in the light most favorable to the Deans, the Court concludes that KFHP is entitled to partial summary judgment. The motion is GRANTED in part and DENIED in part. The parties shall meet and confer to discuss a discovery plan and trial schedule to settle the remaining issues of damages and remedies. The parties shall file a proposed schedule within 14 days of this Order. (See document for further details).; granting in part and denying in part #53 MOTION for Summary Judgment. (aco)
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| Filing 80 TEXT ONLY ENTRY (IN CHAMBERS) by Judge Mark C. Scarsi. The Court has revised its procedures regarding mandatory chambers copies in civil cases newly assigned to Judge Scarsi. The Court authorizes the parties to this case to follow the new procedures in lieu of the procedures stated in Initial Standing Order 9(e). More information about the new procedures is available at https://www.cacd.uscourts.gov/honorable-mark-c-scarsi THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cbr) TEXT ONLY ENTRY |
| Filing 79 MINUTES OF Motion for Summary Judgment (ECF No. #53 ) held before Judge Mark C. Scarsi. The Court takes the Motion UNDER SUBMISSION and a ruling will be issued. IT IS SO ORDERED. Court Reporter: Kathy Stride. (lom) Modified on 8/1/2022 (smo). |
| Filing 78 Objection in support of re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 Objection to Stephan and Liza Dean's Evidence and Arguments in Opposition to Motion for Summary Judgment filed by Counter Claimant Kaiser Foundation Health Plan Inc.. (Burns, John) |
| Filing 77 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Counter Claimant Kaiser Foundation Health Plan Inc., Defendant Kaiser Foundation Health Plan Inc.. (Attachments: #1 Objection)(Burns, John) |
| Filing 76 Notice of Withdrawal of Objection/Opposition (Motion related) #71 filed by Plaintiff Stephan Dean. (Dean, Stephan) |
| Filing 75 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #72 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected notice of withdrawal by July 15, 2022. (smo) |
| Filing 74 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #72 by Stephen Dean. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice: Withdrawal (Document or Motion). Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 73 AMENDED DOCUMENT filed by Counter Defendant Stephan Dean. Amendment to Objection/Opposition (Motion related) #71 (Dean, Stephan) |
| Filing 72 re: Objection/Opposition (Motion related) #71 (Dean, Stephan) |
| Filing 71 OPPOSITION Support re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Counter Defendant Stephan Dean. (Attachments: #1 Memorandum, #2 Memorandum, #3 Declaration, #4 Proposed Order)(Dean, Stephan) |
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Filing 70
ORDER by Judge Mark C. Scarsi: GRANTING #68 Plaintiff Pro Se Stephen Dean's APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (lc) Modified on 7/6/2022 (lc).
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Filing 69
ORDER DENYING PLAINTIFF'S REQUEST TO PROCEED IN FORMA PAUPERIS. See Other: Defendants paid the filing fee concurrently with filing the Notice of Removal removing the action to this Court from Riverside Superior Court #67 by Judge Mark C. Scarsi. (lc) Modified on 7/6/2022 (lc).
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| Filing 68 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Stephan Dean. (lc) |
| Filing 67 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (AO 239-SIGNED) filed by plaintiff Stephan Dean. (lc) Modified on 7/6/2022 (lc). |
| Filing 66 MINUTES (IN CHAMBERS) by Judge Mark C. Scarsi: ORDER RE Defendants and Counterclaimants Kaiser Foundation Health Plan, Inc., and Kaiser Foundation Hospitals MOTION to enforce an award of attorney's fees, hold Plaintiff and Counterclaim Defendants Stephan Dean and Liza Dean, individually and doing business as Surefile Filing Systems in contempt, and award sanctions #64 . The Court deems the motion appropriate for decision without oral argument. The Court takes off calendar the hearing on the motion set for August 1, 2022.The Court DENIES the motion for failure to comply with the prefiling conference requirement. The motion is denied without prejudice to renewal after a thorough prefiling conference. The Court warns that failure by any party to initiate or participate in a Local Rule 7-3 conference will be deemed willful disobedience of this Order and will result in sanctions. (lc) |
| Filing 65 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by plaintiff Stephan Dean. (lc) |
| Filing 64 NOTICE OF MOTION AND MOTION to Enforce Stipulation on Attorney's Fees [ECF No. 33] and Order Awarding Attorney's Fees [ECF 34] filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 8/1/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum Memorandum of Points and Authorities, #2 Declaration Declaration of John Burns, #3 Exhibit Exhibit A to Declaration of John Burns, #4 Exhibit Exhibit B to Declaration of John Burns, #5 Exhibit Exhibit C to Declaration of John Burns, #6 Proposed Order Proof of Service, #7 Proof of Service) (Burns, John) |
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Filing 63
ORDER ON STIPULATION REGARDING BRIEFING SCHEDULE FOR SUMMARY JUDGMENT MOTION #62 by Judge Mark C. Scarsi: 1. The Deans opposition to KFHP's motion for summary judgment shall be due on or before July 11, 2022. 2. KFHP's reply in support of its motion for summary judgment shall be due on or before July 18, 2022. 3. The hearing on KFHP's motion for summary judgment shall be held on August 1, 2022, at 9:00 AM #53 . (lc)
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| Filing 62 STIPULATION to Continue MSJ Hearing from July 18, 2022 to August 1, 2022 Re: NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Defendant Kaiser Foundation Health Plan Inc.. (Attachments: #1 Proposed Order)(Burns, John) |
| Filing 61 NOTICE OF LODGING filed Defendant and Counter-Claimant Kaiser Foundation Health Plan, Inc.'s Notice of Lodging of [Proposed] Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion for Summary Judgment re Statement (Motion related), #54 , NOTICE OF MOTION AND MOTION for Summary Judgment #53 (Attachments: #1 Proposed Statement of Undisputed Facts, #2 Proof of Service)(Pietrini, Jill) |
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Filing 60
ORDER/REFERRAL to ADR Procedure No 3 by Judge Mark C. Scarsi. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than February 17, 2023. (smo)
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Filing 59
ORDER RE: COURT TRIAL by Judge Mark C. Scarsi. Final Pretrial Conference set for 5/1/2023 at 2:00 PM and Bench Trial set for 5/16/2023 at 8:30 AM before Judge Mark C. Scarsi. See document for additional pretrial dates and deadlines. (smo)
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| Filing 57 MINUTES OF Hearing on Request to Withdraw Attorney Alan R. Jampol and Jampol Law APC as Counsel of Record for Plaintiff and Counter-defendants #48 and Scheduling Conference held before Judge Mark C. Scarsi: Cause called; appearances made. Also present are Plaintiffs Stephan Dean and Liza Dean, both individually and as dba SureFile Filing Systems. The Court also questions Mr. and Mrs. Dean directly. For reasons stated on the record, the Court grants the motion to withdraw. Contact information for the pro se plaintiffs can be found in the [Proposed] Order Granting Permission for Withdrawal of Attorney in Support of Motion to Withdraw as Counsel for Plaintiffs and Counter-defendants (ECF No. [48-2]). The Court confers with counsel regarding the status of the case. The Court has reviewed the parties' May 26, 2022 Joint Report and is inclined to adopt a pretrial and trial schedule with a trial date in May 2023. A separate order will issue setting the deadlines and dates for this case. Court Reporter: Katie Thibodeaux. (lc) |
| Filing 56 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Statement (Motion related) #54 by Judge Mark C. Scarsi. The document is stricken and counsel is ordered to file an amended or corrected document (Notice of Lodging with the document as an attachment) by June 15, 2022. (smo) |
| Filing 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Statement (Motion related), #54 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Other error(s) with document(s): proposed statement of controverted facts are to be approved by the Judge, and should not be efiled, but submitted as a separate attachment to a main document. In alternative, prepare a formal document: A Notice of lodging as the main pdf document, to which the proposed statement of uncontroverted facts will be submitted as the 2nd pdf attachment thereto. 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. (lc) |
| Filing 54 STATEMENT of Uncontrovered Facts and Conclusions of Law in Support of NOTICE OF MOTION AND MOTION for Summary Judgment #53 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Pietrini, Jill) |
| Filing 53 NOTICE OF MOTION AND MOTION for Summary Judgment filed by Defendants and Counterclaimant Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 7/18/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum, #2 Declaration of Holly Burke, #3 Declaration of John F. Burns, #4 Proposed Order) (Pietrini, Jill) |
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Filing 52
TEXT ONLY ENTRY (IN CHAMBERS) ORDER ADVANCING TIME OF SCHEDULING CONFERENCE (ECF No. #36 ) by Judge Mark C. Scarsi: The Court, on its own motion, advances the time of the June 13, 2022 Scheduling Conference from 10:00 a.m. to 9:00 a.m. before Judge Mark C. Scarsi. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo)
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| Filing 51 DISCLOSURE of Initial Disclosures under Rule 26 filed by Counter Defendants Liza Dean, Stephan Dean (Jampol, Alan) |
| Filing 50 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4, filed by Counter Claimant Kaiser Foundation Health Plan Inc., Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals.. (Attachments: #1 Worksheet, #2 Certificate of Service)(Burns, John) |
| Filing 49 DECLARATION of Alan R. Jampol In Support of Motion for Permission to Withdraw as Counsel for Plaintiffs and Counterdefendants REQUEST TO WITHDRAW ATTORNEY Alan R. Jampol and Jampol Law APC as counsel of record for Plaintiffs and Counterdefendants #48 filed by Plaintiffs Liza Dean, Stephan Dean, Counter Defendants Liza Dean, Stephan Dean. (Jampol, Alan) |
| Filing 48 REQUEST TO WITHDRAW ATTORNEY Alan R. Jampol and Jampol Law APC as counsel of record for Plaintiffs and Counterdefendants filed by Attorney for Plaintiffs and Counterdefendants Liza Dean, Stephan Dean. Request set for hearing on 6/13/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum Memorandum of Points and Authorities in Support of Motion for Permission to Withdraw as Counsel for Plaintiffs, #2 Proposed Order Notice of Lodging of Proposed Order, #3 Declaration Proof of Service upon Clients of Motion for Permission to Withdraw as Counsel and Related Documents) (Jampol, Alan) |
| Filing 47 NOTICE OF FILING TRANSCRIPT filed for proceedings 4/18/22 8:57 A.M. re Transcript #46 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 46 TRANSCRIPT for proceedings held on 4/18/22 8:57 p.m.. Court Reporter: JEAN KIM, CSR, RPR, EMAIL: JEANPR@GMAIL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/31/2022. Redacted Transcript Deadline set for 6/10/2022. Release of Transcript Restriction set for 8/8/2022. (ha) |
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Filing 45
MINUTE ORDER IN CHAMBERS by Judge Mark C. Scarsi: ORDER RE: REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF COUNSEL #41 , #42 . Alan R. Jampol requests approval to withdraw from representation of Plaintiffs and Counterclaim Defendants Stephan Dean and Liza Dean. The request is denied without prejudice. Counsel may renew his request by filing a motion to withdraw complying with Local Rule 83-2.3 et seq. Any such motion must be preceded by advance, written notice to the clients and all other parties; present good cause for approving the withdrawal; and show that withdrawal will not delay prosecution of this case to completion. Additionally, if counsel elects to file a motion to withdraw, the Court orders the Deans to appear personally at the hearing on the motion. The Court deems the Deans' personal appearance necessary to ascertain whether withdrawal will cause delay in prosecution of the case. C.D. Cal. R. 83-2.3.5. Failure to appear may result in entry of default against the Deans under Federal Rule of Civil Procedure 55(a). Counsel's notice of any motion to withdraw also must provide notice of this Order. (lc)
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| Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #41 , Miscellaneous Document #42 , Miscellaneous Document #43 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: REQUEST: Substitute Attorney (G-01)... as to no. 41 and 42.. Correct Event for no. 43 is: Proof of Service (subsequent documents) The incorrect event for no. 41, 42 does NOT provide the relief sought. None of docket entries had "Link" to the party filing. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 43 Proof of Service Upon Clients of Request for Approval of Withdrawal of Counsel and Amended Notice of Lodging of Proposed Order re: Miscellaneous Document #42 (Jampol, Alan) |
| Filing 42 Request to Withdraw as Counsel of Record for Plaintiffs and Counterdefendants (Attachments: #1 Proposed Order Notice of Lodging of Proposed Order Approving Withdrawal of Counsel for Plaintiffs)(Jampol, Alan) |
| Filing 41 Request for Approval of Withdrawal of Counsel for Plaintiffs (Attachments: #1 Proposed Order Notice of Lodging of Proposed Order Approving Withdrawal of Counsel for Plaintiffs)(Jampol, Alan) |
| Filing 40 TRANSCRIPT ORDER as to Defendant Kaiser Foundation Health Plan Inc. for Court Smart (CS). Court will contact John Burns at jburns@sheppardmullin.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Burns, John) |
| Filing 39 TRANSCRIPT ORDER as to Defendant Kaiser Foundation Health Plan Inc. for Court Reporter. Court will contact John Burns at jburns@sheppardmullin.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Burns, John) |
| Filing 38 Preliminary Injunction BOND in the amount of $ 5,000.00 posted by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals (Attachments: #1 Exhibit Exhibit A to Notice of Filing of Preliminary Injunction Bond) (Burns, John) |
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Filing 37
ORDER GRANTING DEFENDANT AND COUNTERCLAIMANT KAISER FOUNDATION HEALTH PLAN, INC.S MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANTS by Judge Mark C. Scarsi: Counter-Defendants and each of them, and, as applicable, their officers, agents, etc enjoined preliminarily during the pendency of this action re KFHP Marks as idenified herein. KFHP shall post a bond in the amount of $5,000.00, pursuant to Fed. R. Civ.P.65(c). (SEE DOCUMENT FOR SPECIFICS). (lc)
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Filing 36
ORDER SETTING SCHEDULING CONFERENCE by Judge Mark C. Scarsi. Scheduling Conference set for 6/13/2022 at 10:00 AM before Judge Mark C. Scarsi. (smo)
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| Filing 35 MINUTES OF Motion Hearing held before Judge Mark C. Scarsi: RE Motion for Preliminary Injunction re: Trademarks and Patient Information #27 .Counsel address the Court. The Court grants the Motion for Preliminary Injunction andwill enter the injunction upon the posting of a $5,000.00 bond by the defendants and counter-claimants Kaiser Foundation Health Plan, Inc. and Kaiser FoundationHospitals. Court Reporter: Jean Kim. (lc) |
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Filing 34
ORDER ON STIPULATION REGARDING ATTORNEY'S FEE AWARD ON DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC.'S AND KAISER FOUNDATION HOSPITALS' SPECIAL MOTION TO STRIKE #33 by Judge Mark C. Scarsi: 1. Plaintiffs shall pay Defendants $50,804.89 in attorney's fees Defendants expended in pursuing their motion to strike. 2. Plaintiffs' payment of $50,804.89 shall be due to Defendants within fifteen days of this order. 3. Stephan Dean, Liza Dean, and SureFile Filing Systems shall each be jointly and severally liable for the full payment to Defendants of the $50,804.89 fee award set forth herein. (lc)
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| Filing 33 STIPULATION for Attorney Fees in the amount of $$50,804.89, Re: NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 , filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order)(Pietrini, Jill) |
| Filing 32 REPLY in Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademarks and Patient Information #27 filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Pietrini, Jill) |
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Filing 31
ORDER RE: MOTION TO DISMISS (ECF NO. 10) AND MOTION TO STRIKE (ECF NO. 11) by Judge Mark C. Scarsi. The motion to strike #11 is granted. The motion to dismiss #10 is granted in part and denied in part as moot. The Court dismisses the Complaint without leave to amend. The Court orders Defendants to move for attorney's fees under California Code of Civil Procedure section 425.16(c)(1) within 21 days. The Court expects the parties to conduct a thorough prefiling conference before the fee motion. C.D. Cal. R. 7-3. The parties may elect to resolve the issue by stipulation, which would advance the just, speedy, and inexpensive determination of this matter by obviating the need for further motion practice. Fed. R. Civ. P. 1. (lom)
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| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademarks and Patient Information #27 filed by Counter Defendants Liza Dean, Stephan Dean. (Attachments: #1 Declaration Declaration of Stephan Dean in Opposition to Motion for Preliminary Injunction, #2 Proposed Order Proposed Order Denying Motion for Preliminary Injunction)(Jampol, Alan) |
| Filing 29 MINUTES OF Motion to Dismiss Causes of Action in Plaintiffs' Complaint (ECF No. #10 ); and Motion to Strike Under California Code of Civil Procedure Section 425.16 Complaint (ECF No. #11 ) Hearing held before Judge Mark C. Scarsi. The Court takes the Motions UNDER SUBMISSION and a ruling will be issued. Court Reporter: CourtSmart. (lom) |
| Filing 28 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 Responses to Objections to Declaration of Stephan Dean in Opposition to Anti-SLAPP motion filed by Plaintiffs Liza Dean, Stephan Dean, Counter Defendants Liza Dean, Stephan Dean. (Jampol, Alan) |
| Filing 27 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Trademarks and Patient Information filed by Defendants and Counterclaimant Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 4/18/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum, #2 Declaration of Francisco J. Acevedo, #3 Declaration of John F. Burns, #4 Declaration of Holly B. Burke, #5 Proposed Order) (Pietrini, Jill) |
| Filing 26 Answer to Counterclaim ANSWER to Answer to Complaint (Discovery), Counterclaim #22 filed by Counterdefendant Liza Dean, Stephan Dean.(Jampol, Alan) |
| Filing 25 OBJECTION in Support re: NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Pietrini, Jill) |
| Filing 24 REPLY in Support of NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Pietrini, Jill) |
| Filing 23 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss The Causes of Action in Plaintiffs Complaint #10 filed by Counter Claimants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals, Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. (Pietrini, Jill) |
| Filing 22 ANSWER to Complaint - (Discovery) , COUNTERCLAIM against All Plaintiffs filed by Defendant and Counterclaimant Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc..(Pietrini, Jill) |
| Filing 21 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 filed by Plaintiffs Liza Dean, Stephan Dean. (Attachments: #1 Declaration Declaration of Stephan Dean in Opposition to Anti-SLAPP Motion)(Jampol, Alan) |
| Filing 20 OPPOSITION Opposition re: NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) #11 filed by Plaintiffs Liza Dean, Stephan Dean. (Attachments: #1 Appendix Request for Judicial Notice in Opposition to Anti-SLAPP Motion, #2 Proposed Order Proposed Order Denying Plaintiffs' Anti-SLAPP Motion)(Jampol, Alan) |
| Filing 19 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss The Causes of Action in Plaintiffs Complaint #10 filed by Plaintiffs Liza Dean, Stephan Dean. (Attachments: #1 Appendix Request for Judicial Notice in Opposition to Motion to Dismiss, #2 Proposed Order Proposed Order Denying Motion to Dismiss)(Jampol, Alan) |
| Filing 18 REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss The Causes of Action in Plaintiffs Complaint #10 filed by Plaintiffs Liza Dean, Stephan Dean. (Jampol, Alan) |
| Filing 17 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss The Causes of Action in Plaintiffs Complaint #10 filed by Plaintiffs Liza Dean, Stephan Dean. (Jampol, Alan) |
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Filing 16
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Shashi H. Kewalramani. ORDER case returned to the Clerk for random reassignment 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-00278 MCS(KKx). (rn)
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| Filing 15 Initial DISCLOSURE of Notice of Interested Parties filed by Plaintiffs Liza Dean, Stephan Dean (Jampol, Alan) |
| Filing 14 NOTICE of Voluntary Dismissal filed by Plaintiffs Liza Dean, Stephan Dean. Dismissal is Without Prejudice. (Jampol, Alan) |
| Filing 13 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Miscellaneous Document #9 (Notice of Dismissal Without Prejudice of First, Third, and Fourth Cause of Action of Complaint [F.R.Civ.P. 41(a)(1)], Certification and Notice of Interested Parties, and Plaintiffs' Notice of Interested Parties) by Judge Mark C. Scarsi. The combined miscellaneous document is stricken and counsel is ordered to file individual amended or corrected documents by February 28, 2022. (smo) |
| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #9 No link to party filer. The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: SEE BELOW UNDER OTHER. Filer has efiled 3 different types of filings within this incorrect event which not not provide the court any information on case document which each filing would have provided under their respective specific event. Found was 1) dismissal of certain counts; 2) Disclosure and 3) Certificate of interested party. The dismissal of counts was missing a proposed order which should have been submitted as a separate attachment Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. 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. (lc) |
| Filing 11 NOTICE OF MOTION AND MOTION to Strike Under California Code of Civil Procedure Section 425.16 Complaint - (Discovery) filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 3/28/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum, #2 Appendix Request for Judicial Notice, #3 Proposed Order) (Pietrini, Jill) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss The Causes of Action in Plaintiffs Complaint filed by Defendants Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals. Motion set for hearing on 3/28/2022 at 09:00 AM before Judge Mark C. Scarsi. (Attachments: #1 Memorandum, #2 Appendix Request for Judicial Notice, #3 Declaration of Jack Burns, #4 Declaration of Holly Burke, #5 Proposed Order) (Pietrini, Jill) |
| Filing 9 Notice of Dismissal of Causes of Action (Attachments: #1 Declaration Disclosure Statement, #2 Declaration Notice of Interested Parties)(Jampol, Alan) |
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Filing 8
INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo)
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| Filing 7 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 5 NOTICE OF ASSIGNMENT of Eastern Division Removal Case and Notice re Consent to proceed before a U.S. Magistrate Judge. 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 21-01, this case has been randomly reassigned to District Judge Mark C. Scarsi. The case number on all documents filed with the Court in this case should read as follows: 5:22-cv-00278 MCS (SHKx). (ghap) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendants Kaiser Foundation Health Plan Inc, Kaiser Foundation Hospitals, re Notice of Removal (Attorney Civil Case Opening),, #1 , Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties #3 served on 2/14/2022. (Burns, John) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Kaiser Foundation Health Plan Inc, Kaiser Foundation Hospitals, (Burns, John) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Kaiser Foundation Health Plan Inc, Kaiser Foundation Hospitals. (Burns, John) |
| Filing 1 NOTICE OF REMOVAL from Riverside Superior Court, case number CVPS2106526 Receipt No: ACACDC-32784501 - Fee: $402, filed by Defendants Kaiser Foundation Hospitals, Kaiser Foundation Health Plan Inc. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Notice of Service of Summons, #3 Exhibit C - Forum Arbitration Decision, #4 Exhibit D - State Court Filing, #5 Declaration of John F. Burns ISO Defendants' Notice of Removal of Civil Action) (Attorney John F Burns added to party Kaiser Foundation Health Plan Inc(pty:dft), Attorney John F Burns added to party Kaiser Foundation Hospitals(pty:dft))(Burns, John) |
| NON CONFORM COPY OF COMPLAINT against Defendants Does 1-50 Inclusive, Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals., filed by plaintiffs Stephan Dean, Liza Dean. (SUBMITTED ATTACHED EXHIBIT A) (ghap) |
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