Robert G Platts v. Kaiser Permanente Health Care et al
| Robert G Platts |
| Kaiser Permanente Health Care, Hon James Albracht, Michael L Bazzo and Sanjay C. Roa |
| 5:2022cv00583 |
| April 5, 2022 |
| US District Court for the Central District of California |
| John W Holcomb |
| Shashi H Kewalramani |
| Sheri Pym |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Medical Malpractice |
| Plaintiff |
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Filing 36
MINUTES OF ORDER REGARDING DEFENDANTS' MOTIONS TO DISMISS ECF Nos. #15 , #19 & #21 AND DEFENDANT MICHAEL BAZZO'S MOTION TO STRIKE ECF No. #18 AND JUDGMENT (IN CHAMBERS) by Judge John W. Holcomb. For the foregoing reasons, it is hereby ORDERED, ADJUDGED, and DECREED as follows: 1. The First Motion to Dismiss is GRANTED, and this case is DISMISSED for lack of subject matter jurisdiction. 2. The Second Motion to Dismiss, the Third Motion to Dismiss, and Motion to Strike are DENIED as moot. 3. The Clerk is DIRECTED to close this case. IT IS SO ORDERED. (MD JS-6. Case Terminated) (lom)
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Filing 35
(IN CHAMBERS) ORDER by Judge John W. Holcomb: The Court finds that the Defendants Motions to Dismiss [ECF Nos. 15, 19, 21] and Defendants Motion to Strike [ECF No. 18] are 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 17, 2022. The motion stands submitted on the papers timely filed. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
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| Filing 34 REPLY and Notice of No Opposition to NOTICE OF MOTION AND MOTION to Strike Special Motion to Strike Fourth, Fifth and Sixth Causes of Action in Plaintiff's Complaint Complaint - (Discovery), #1 #18 filed by Defendant Michael L Bazzo. (Warren, Marissa) |
| Filing 33 REPLY and Notice of No Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendant Michael L Bazzo. (Warren, Marissa) |
| Filing 32 NOTICE OF NON-OPPOSITION to to Dismiss Case #15 Notice of Plaintiff's Failure to File Opposing Papers to Defendants' Motion to Dismiss filed by Defendant James Albracht. (Kinney, Cynthia) |
| Filing 31 NOTICE of Change of Attorney Business or Contact Information: for attorney Zachary Schwake counsel for Defendant Kaiser Permanente Health Care. Changing address to 385 E. Colorado Boulevard, Suite 200, Pasadena, CA 91101. Filed by Defendant Kaiser Permanente Health Care. (Schwake, Zachary) |
| Filing 30 Amendment to to Dismiss Case #15 Amended Notice of Motion to Dismiss filed by Defendant James Albracht. (Kinney, Cynthia) |
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Filing 29
NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING Misc Letter submitted by Plaintiff Robert G Platts received on 5/11/2022 is not to be filed but instead rejected. Denial based on: Not in compliant with LR 11-3.8. Title page is lacking, no case number listed. No proof of service. No letters to judge. (yl)
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| Filing 28 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 23 NOTICE filed by Defendants James Albracht. and ADR Services, Inc. of Continuance of Motion to Dismiss (Kinney, Cynthia) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Robert G Platts, upon Defendant Kaiser Permanente Health Care served on 4/20/2022, answer due 5/11/2022. Service of the Summons and Complaint were executed upon Kaiser Permanents, Health Care/online service legal in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
| Filing 26 PROOF OF SERVICE Executed by Plaintiff Robert G Platts, upon Plaintiff Sanjay C. Roa served on 4/20/2022, answer due 5/11/2022. Service of the Summons and Complaint were executed upon Sanjay C. Roa, MD in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Robert G Platts, upon Defendant Michael L Bazzo served on 4/19/2022, answer due 5/10/2022. Service of the Summons and Complaint were executed upon Michael L. Bauo, Esq in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
| Filing 24 PROOF OF SERVICE Executed by Defendant Robert G Platts, upon Plaintiff James Albracht(ADR SERVICES) served on 4/19/2022, answer due 5/10/2022. Service of the Summons and Complaint were executed upon Accepted by Krista, front desk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
| Filing 22 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Deficiency in Electronically Filed Documents (G-112A) - optional html form,,, #17 by Deputy Clerk of Court. The motion is ACCEPTED as filed. In view of the Court's Motion Calendar being closed on Friday, June 10, 2022, the Court hereby CONTINUES Defendants ADR Services, Inc. and Hon. James A. Albracht's Motion to Dismiss [ECF No. 15], from June 10, 2022, to June 17, 2022, at 9:00 a.m. Counsel is reminded to refer to Judge Holcomb's Closed Motion Dates posted on the Procedures and Schedules page on the Court's website, prior to filing any motion. Counsel is further DIRECTED to re-notice the motion for the corrected hearing date. (iva) |
| Filing 21 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint filed by Defendants Kaiser Permanente Health Care, Sanjay C. Roa. Motion set for hearing on 6/17/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Schwake, Zachary) |
| Filing 20 CERTIFICATE of Interested Parties filed by Defendants Kaiser Permanente Health Care, Sanjay C. Roa, (Attorney Zachary Schwake added to party Kaiser Permanente Health Care(pty:dft), Attorney Zachary Schwake added to party Sanjay C. Roa(pty:dft))(Schwake, Zachary) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant, MICHAEL L. BAZZO Michael L Bazzo. Motion set for hearing on 6/17/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Marissa A. Warren, #2 Exhibit 1, #3 Request for Judicial Notice, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Proposed Order) (Warren, Marissa) |
| Filing 18 NOTICE OF MOTION AND MOTION to Strike Special Motion to Strike Fourth, Fifth and Sixth Causes of Action in Plaintiff's Complaint Complaint - (Discovery), #1 filed by Defendant, MICHAEL L. BAZZO Michael L Bazzo. Motion set for hearing on 6/17/2022 at 09:00 AM before Judge John W. Holcomb. (Attachments: #1 Declaration of Michael L. Bazzo, #2 Declaration of Marissa A. Warren, #3 Exhibit 1, #4 Request for Judicial Notice, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Proposed Order) (Attorney Marissa Ann Warren added to party Michael L Bazzo(pty:dft)) (Warren, Marissa) |
| Filing 17 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document #15 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motion - Dismiss. Hearing information is missing, incorrect, or not timely. Other error(s) with document(s): Please use the search feature and search for a specific word or phrase. This efiling event, is found by searching - Applications/Ex Parte Applications/Motions/Petitions/Requests - Dismiss. This event will allow you to set a hearing before the Judge. 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 16 (and Defendant ADR Services, Inc.) CERTIFICATE of Interested Parties filed by Defendant James Albracht, identifying ADR Services, Inc., Hon. James A. Albracht (Ret.), Allied Wold Surplus Lines Insurance Company, and Kaufman Dolowich & Voluck LLP. (Attorney Cynthia D Kinney added to party James Albracht(pty:dft))(Kinney, Cynthia) |
| Filing 15 Motion to Dismiss (Attachments: #1 Proposed Order Proposed Order)(Kinney, Cynthia) Modified on 5/11/2022 (iva). |
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Filing 14
NOTICE OF DISCREPANCY AND ORDER: by Judge John W. Holcomb, ORDERING LETTER submitted by Plaintiff Robert G Platts received on 4/29/2022 is not to be filed but instead rejected. Denial based on: LR 11-3.8 Lacking name, address, phone, facsimile numbers, and e-mail address and LER 83-2-5-No letters to the judge. (yl)
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Filing 13
SELF-REPRESENTATION ORDER by Judge John W. Holcomb. (iva)
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| Filing 12 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 |
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Filing 11
STANDING ORDER by Judge John W. Holcomb. (iva)
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Filing 10
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 Sheri Pym for all further proceedings. The case number will now reflect the initials of the transferee Judge 5:22-cv-00583 JWH(SPx). (rn)
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| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge John W. Holcomb and Magistrate Judge Shashi H. Kewalramani. (ghap) |
| Filing 6 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Robert G Platts. (ghap) |
| Filing 5 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Sanjay C. Roa. (ghap) |
| Filing 4 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Michael L Bazzo. (ghap) |
| Filing 3 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant James Albracht. (ghap) |
| Filing 2 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Kaiser Permanente Health Care. (ghap) |
| Filing 1 COMPLAINT against Defendants James Albracht, Michael L Bazzo, Kaiser Permanente Health Care, Sanjay C. Roa.Case assigned to Judge John W. Holcomb for all further proceedings. Discovery referred to Magistrate Judge Shashi H. Kewalramani.(Filing fee $ 402:PAID) Jury Demanded., filed by plaintiff Robert G Platts. (Attachments: #1 CV-71) (ghap) |
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