Diem T. Nguyen v. Kaiser Foundation Health Plan, Inc. et al
| Diem T. Nguyen |
| Mark Lottman, County of Orange, Does 1-10, Inclusive, Southern California Permanente Medical Group, Thibert Kimberly Lyn, Kaiser Foundation Hospitals, Lauren Randall, Northern California Permanente Medical Group, Carrie Murphy, Maureen Naganuma, Irma Salazar-Allen, Robin Kilgore, Michael F. Ryan, Orange County Social Services Agency, Kelly Philipson, Janette Lyn Dunn, Yvonne Barczak, Huong Le-Transque, Kaiser Foundation Health Plan, Inc., Theodore Phan, Mohammad Aslam, Ann Williams, Loretta Gonzalez, Huntington Beach City School District, Hong Nguyen, Mahonri Sapiga, Mark A. Boyce, Johanna Marie Dubyak, Tammy Beckner-Pavone, Renee Polk Johnson, Joseph R. Perry Elementary School, Loreta Castulo, The Permanente Medical Group, Inc., Theodore R. Greenzang, Martin Garcia and Diann Chang |
| 8:2017cv00905 |
| May 24, 2017 |
| US District Court for the Central District of California |
| Southern Division - Santa Ana Office |
| Philip S Gutierrez |
| Douglas F McCormick |
| Civil Rights: Other |
| 28 U.S.C. § 1983 |
| Plaintiff |
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| Filing 144 JUDGMENT by Judge Philip S. Gutierrez, in favor of All Defendants, against Diem T. Nguyen Related to: R&R - Accepting Report and Recommendations #143 . IT IS ADJUDGED that (1) Plaintiff's 1983 claims against all Defendants are dismissed with prejudice; (2) Plaintiffs state-law claims are dismissed without prejudice to refiling in state court; and (3) this entire action is dismissed. (MD JS-6, Case Terminated). (sbou) |
Filing 143
ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Philip S. Gutierrez for Report and Recommendation (Issued), #142 . (See document for details.) (sbou)
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| Filing 142 REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick. IT IS RECOMMENDED that the District Judge issue an Order: (1) accepting this Report and Recommendation; (2) dismissing Plaintiffs 1983 claims against the County Defendants with prejudice as barred by the doctrine of collateral estoppel; (3) dismissing Plaintiffs 1983 claims against the HBSD Defendants with prejudice for failing to state a claim; (4) dismissing Plaintiffs 1983 claims against the Kaiser Defendants with prejudice as barred by the doctrine of collateral estoppel; (5) dismissing Plaintiffs state-law claims without prejudice to refiling in state court; (6) denying as moot Aslams request for entry of default; and (7) directing that this action be dismissed. (nbo) |
| Filing 141 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 7/17/2019. (nbo) |
| Filing 140 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Jay Iacopino counsel for Defendant Kaiser Foundation Health Plan, Inc.. Changing firm name to La Follette, Johnson, DeHaas, Fesler & Ames. Changing e-mail to mfirth@ljdfa.com. Filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Muhammad Aslam, M.D.; Yvonne Barczack, R.N.; Loreta Castulo, R.N.; Ann Williams, R.N.; Johanna Marie Dubyak, M.D.; Robin Kilgore, MSW; Kelly Philipson, R.N.; and Kimberly Lyn Thibert, R.N.. (Iacopino, Robert) |
| Filing 139 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06),, #138 . The following error(s) was/were found: Incorrect document is attached to the docket entry. 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. (ak) |
| Filing 138 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Jay Iacopino counsel for Defendant Kaiser Foundation Health Plan, Inc.. Changing firm name to 2677 N. Main Street, Suite 901, Santa Ana, CA 92705. Changing e-mail to bmeadows@ljdfa.com. Filed by defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group and Ann Williams, R.N.. (Attachments: #1 Supplement Request For Approval of Substitution - Kaiser Foundation Hospitals, #2 Supplement Request for Approval of Substitution - Southern Cal Permanente Med Group, #3 Supplement Request For Approval of Substitution - Ann Williams, R.N.)(Iacopino, Robert) |
| Filing 137 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Business or Contact Information (G-06),,, #136 . The following error(s) was/were found: Incorrect document is attached to the docket entry. 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. (ak) |
| Filing 136 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Jay Iacopino counsel for Defendant Kaiser Foundation Health Plan, Inc.. Changing firm name to La Follette, Johnson, DeHaas, Fesler & Ames. Changing e-mail to bmeadows@ljdfa.com. Filed by Defendants Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Supplement Request for Approval of Substitution - Aslam, #2 Supplement Request for Approval of Substitution -- Barczak, #3 Supplement Request For Approval of Substituion - Kilgore, #4 Supplement Request For Approval of Substitution - Philipson, #5 Supplement Request For Approval of Substitution - Thibert, #6 Supplement Request For Approval of Substiution - Dubyak, #7 Supplement Request For Approval of Substituion - Kaiser)(Attorney Robert Jay Iacopino added to party Kaiser Foundation Health Plan, Inc.(pty:dft))(Iacopino, Robert) |
| Filing 135 RESPONSE IN SUPPORT of REQUEST for Clerk to Enter Default against Plaintiff Diem T. Nguyen #128 filed by Defendant Mohammad Aslam. (Firth, Myra) |
| Filing 134 PLAINTIFF'S OPPOSITION TO DEFENDANT AND COUNTERCLAIMANT MUHAMMED ASLAM, M.D.'S REQUEST FOR ENTRY OF DEFAULT; DECLARATION OF DIEM NGUYEN IN SUPPORT THEREOF, #128 , filed by Counter Defendant Diem T. Nguyen. (sbou) |
| Filing 133 PLAINTIFF'S ANSWER TO THE COUNTERCLAIM OF MUHAMMAD ASLAN, M.D., #104 filed by Counter-defendant Diem T. Nguyen. (sbou) |
| Filing 132 REPLY IN SUPPORT NOTICE OF MOTION AND MOTION to Dismiss Case #118 filed by Defendants Janette Lyn Dunn, Renee Polk Johnson, Lauren Randall. (Quan, Cary) |
| Filing 131 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case (PLAINTIFF'S FIRST AMENDED COMPLAINT) #120 filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Diann Chang, County of Orange, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Theodore Phan, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga. (Kraus, Roberta) |
| Filing 130 REPLY NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b) #122 filed by Defendant Kaiser Foundation Health Plan, Inc.. (Firth, Myra) |
| Filing 129 MINUTE(In Chambers) Defendants' Motions to Dismiss #118 #120 #122 by Magistrate Judge Douglas F. McCormick: The Court is in receipt of Defendants' Motions to Dismiss filed October 18, 2018 and October 19, 2018. The Motions to Dismiss will be taken under submission as of the date Defendants' replies are due and then be decided on the papers without oral argument. See Local Rule 7-15. Accordingly, the hearing noticed on November 27, 2018, is vacated and ordered off calendar. (sbou) |
| Filing 128 REQUEST for Clerk to Enter Default against Plaintiff Diem T. Nguyen filed by Counterclaimant and Defendant Mohammad Aslam. (Firth, Myra) |
| Filing 127 PLAINTIFF'S NOTICE OF OPPOSITION to: NOTICE OF MOTION AND MOTION to Dismiss Case (PLAINTIFF'S FIRST AMENDED COMPLAINT) #120 filed by Plaintiff Diem T. Nguyen. (sbou) |
| Filing 126 PLAINTIFF'S NOTICE OF OPPOSITION to: NOTICE OF MOTION AND MOTION to Dismiss Case #118 filed by Plaintiff Diem T. Nguyen. (sbou) |
| Filing 125 PLAINTIFF'S NOTICE OF OPPOSITION to: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b) #122 filed by Plaintiff Diem T. Nguyen. (sbou) |
| Filing 124 PLAINTIFF'S NOTICE OF OPPOSITION to: NOTICE OF MOTION AND MOTION to Dismiss Case (PLAINTIFF'S FIRST AMENDED COMPLAINT) #120 , filed by Plaintiff Diem T. Nguyen. (sbou) |
| Filing 123 PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b) #122 filed by Defendant Kaiser Foundation Health Plan, Inc.. (Firth, Myra) |
| Filing 122 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(b) filed by Defendants Kaiser Foundation Health Plan, Inc.. Motion set for hearing on 11/27/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Firth, Myra) |
| Filing 121 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (PLAINTIFF'S FIRST AMENDED COMPLAINT) #120 filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Diann Chang, County of Orange, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Theodore Phan, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga. (Attachments: #1 Exhibit A-D)(Kraus, Roberta) |
| Filing 120 NOTICE OF MOTION AND MOTION to Dismiss Case (PLAINTIFF'S FIRST AMENDED COMPLAINT) filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Diann Chang, County of Orange, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Theodore Phan, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga. Motion set for hearing on 11/27/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Kraus, Roberta) |
| Filing 119 DECLARATION of CARY K. QUAN in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #118 filed by Defendants Janette Lyn Dunn, Renee Polk Johnson, Lauren Randall. (Attachments: #1 Exhibit A to Decl Cary K. Quan, #2 Exhibit B to Decl Cary K. Quan, #3 Proof of Service)(Quan, Cary) |
| Filing 118 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Janette Lyn Dunn, Renee Polk Johnson, Lauren Randall. Motion set for hearing on 11/27/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Quan, Cary) |
| Filing 117 FIRST AMENDED COMPLAINT against Defendants Mohammad Aslam, Yvonne Barczak, Tammy Beckner-Pavone, Mark A. Boyce, Loreta Castulo, Diann Chang, County of Orange, Does, Johanna Marie Dubyak, Janette Lyn Dunn, Martin Garcia, Loretta Gonzalez, Theodore R. Greenzang, Renee Polk Johnson, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Huong Le-Transque, Mark Lottman, Thibert Kimberly Lyn, Carrie Murphy, Maureen Naganuma, Theodore Phan, Kelly Philipson, Lauren Randall, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga, Southern California Permanente Medical Group, Ann Williams; Party Joseph R. Perry Elementary School and Orange County Social Services Agency terminated amending Complaint - (Referred) #1 , filed by Plaintiff Diem T. Nguyen. (sbou) |
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Filing 116
MINUTE (In Chambers) Order Denying Kaiser's Motion to Dismiss under Rule 12(c) (Dkt. 110) by Magistrate Judge Douglas F. McCormick. On September 14, 2018, the District Judge accepted the Report and Recommendation and ordered Plaintiff to file a First Amended Complaint within twenty-one (21) days. See Dkt. 115. The Court therefore DENIES Kaiser's motion as moot. (See document for details.) #110 . (sbou)
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Filing 115
Order Accepting Report and Recommendation of United States Magistrate Judge by Judge Philip S. Gutierrez. Should Plaintiff wish to proceedwith this action as to those remaining claims, she is ORDERED to file a FirstAmended Complaint remedying the deficiencies identified in the Report andRecommendation within twenty-one (21) days of this order. #10 , #13 , #14 , #17 , #55 , #87 , #99 , #105 , #110 , #112 . (sbou)
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| Filing 114 PLAINTIFF'S OPPOSITION to: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(c) #110 filed by Plaintiff Diem T. Nguyen. (sbou) |
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Filing 113
MINUTES (IN CHAMBERS) Order Re: Kaiser's Motion to Dismiss under Rule 12(c) by Magistrate Judge Douglas F. McCormick. On July 26, 2018, Defendant Kaiser Foundation Health Plan, Inc. ("Kaiser") filed a motion to dismiss Plaintiff's complaint under Federal Rule of Civil Procedure 12(c). See Dkt. 110. Shortly thereafter, the Court issued its Report and Recommendation with respect to the other pending motions, recommending that certain of Plaintiff's claims be dismissed with prejudice and the remaining claims be dismissed without prejudice, and that Plaintiff be given leave to file a first amended complaint. See Dkt. 112. If the District Judge accepts the Court's recommendations and Plaintiff files a first amended complaint, Kaiser's motion to dismiss may become moot. The Court therefore takes Kaiser's motion to dismiss under submission and vacates the September 4, 2018 hearing date. No further briefing on this motion is needed at this time. #110 (sbou)
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| Filing 112 REPORT AND RECOMMENDATION issued by Magistrate Judge Douglas F. McCormick. See document for details. (nbo) |
| Filing 111 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Douglas F. McCormick. Objections to R&R due by 8/16/2018. (nbo) |
| Filing 110 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Rule 12(c) filed by Defendants Kaiser Foundation Health Plan, Inc.. Motion set for hearing on 9/4/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Firth, Myra) |
| Filing 109 REPLY in support of motion NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Referred) #41 , Answer to Complaint (Referred) #24 AND ADD COUNTERCLAIM #105 filed by Defendant Kaiser Foundation Health Plan, Inc.. (Firth, Myra) |
| Filing 108 MINUTE (IN CHAMBERS) Defendants Motion to Amend Answer and Add Counterclaim #105 by Magistrate Judge Douglas F. McCormick: The Court is in receipt of Defendants Motion to Amend filed January 29, 2018. The Motion to Amend will be taken under submission as of the date Defendants reply is due and thenbe decided on the papers without oral argument. See Local Rule 7-15. Accordingly, the hearing noticed on March 20, 2016, is vacated and ordered off-calendar. (lwag) |
| Filing 107 NOTICE OF OPPOSITION AND OPPOSITION in opposition to Kaiser Defendants' NOTICE OF MOTION AND MOTION to ADD COUNTERCLAIM #105 filed by Plaintiff Diem T. Nguyen. (twdb) |
| Filing 106 PROPOSED ORDER re NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Referred) #41 , Answer to Complaint (Referred) #24 AND ADD COUNTERCLAIM #105 filed by Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order Proposed Order)(Firth, Myra) |
| Filing 105 NOTICE OF MOTION AND MOTION to AMEND Answer to Complaint (Referred) #41 , Answer to Complaint (Referred) #24 AND ADD COUNTERCLAIM filed by Defendants Kaiser Foundation Health Plan, Inc.. Motion set for hearing on 3/20/2018 at 10:00 AM before Judge Philip S. Gutierrez. (Attachments: #1 Exhibit Exhibits A-E, #2 Exhibit Exhibit 1 To EXHIBIT A) (Pivo, Kenneth) |
| Filing 104 ANSWER to Complaint - (Referred) #1 GENERAL DENIAL OF ALLEGATIONS IN COMPLAINT AND AFFIRMATIVE DEFENSES and ASSERTION OF COUNTERCLAIMS, COUNTERCLAIM against Diem T. Nguyen filed by Defendant Mohammad Aslam. (Attachments: #1 Exhibit Exhibit 1)(Pivo, Kenneth) |
| Filing 103 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearing on the MOTION for Judgment on the Pleadings filed by Defendant Hong Nguyen #99 , scheduled for January 30, 2018, at 10:00 a.m. is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
| Filing 102 REPLY In Support Of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #99 ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendant Hong Nguyen. (Li, Haiyang) |
| Filing 101 NOTICE OF OPPOSITION AND OPPOSITION by Plaintiff to Defendant Hong Nguyen's Motion for Judgment on the Pleadings #99 filed by Plaintiff Diem T. Nguyen. (dro) |
| Filing 100 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #99 . The following error(s) was/were found: 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. (dv) |
| Filing 99 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings filed by Defendant Hong Nguyen. Motion set for hearing on 1/30/2018 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Li, Haiyang) |
| Filing 98 NOTICE OF WITHDRAWAL OF PENDING PETITION TO COMPEL ARBITRATION AND MOTION TO STAY ACTION re PETITION to Compel Arbitration #82 filed by Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Cox, Lawrence) |
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Filing 97
ORDER by Magistrate Judge Douglas F. McCormick, Granting Stipulation of Plaintiff's 42 USC 1983 Cause of Action as to Defendant Hong Nguyen with prejudice #96 . Hong Nguyen terminated. (twdb)
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| Filing 96 STIPULATION to Dismiss PLAINTIFF'S 42 U.S.C. SEC. 1983 CAUSE OF ACTION WITH PREJUDICE AS TO DEFENDANT Hong Nguyen filed by Defendant Hong Nguyen. (Attachments: #1 Proposed Order)(Li, Haiyang) |
| Filing 95 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearing on the Petition to Compel Arbitration #82 set for September 25, 2017, and erroneously noticed before Judge Philip S. Gutierrez, is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
| Filing 94 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearing on the Motion to Dismiss #87 set for September 19, 2017, is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
| Filing 93 DECLARATION of Lawrence A. Cox in Support of PETITION to Compel Arbitration #82 (supporting reply memo) filed by Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Cox, Lawrence) |
| Filing 92 REPLY Supporting PETITION to Compel Arbitration #82 filed by Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Cox, Lawrence) |
| Filing 91 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #87 filed by Defendant Diann Chang. (Kraus, Roberta) |
| Filing 90 NOTICE of Opposition and Opposition to Diann Chang's Motion to Dismiss filed by Plaintiff Diem T. Nguyen. (lwag) |
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Filing 89
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Shashi H. Kewalramani. ORDER case returned to the Clerk for random reassignment General Order 05-07 pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Shashi H. Kewalramani to Magistrate Judge Douglas F. McCormick for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:17-cv-00905 PSG (DFM). (la)
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| Filing 88 CERTIFICATE of Interested Parties filed by Defendant Diann Chang, (Kraus, Roberta) |
| Filing 87 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Diann Chang. Motion set for hearing on 9/19/2017 at 10:00 AM before Magistrate Judge Shashi H. Kewalramani. (Attorney Roberta A Kraus added to party Diann Chang(pty:dft)) (Kraus, Roberta) |
| Filing 86 NOTICE OF OPPOSITION AND OPPOSITION to Kaiser Defendants' PETITION to Compel Arbitration #82 and Motion to Stay Action; Points and Authorities; Declaration of Diem T Nguyen filed by Plaintiff Diem T. Nguyen. (mt) |
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Filing 85
ORDER OF THE CHIEF MAGISTRATE JUDGE - OCMJ# 17-093 by Magistrate Judge Patrick J. Walsh. Pursuant to the recommended procedure adopted by the Court for the CREATION OF THE CALENDAR of Magistrate Judge Shashi H. Kewalramani, this case is transferred from the calendar of Magistrate Judge Douglas F. McCormick to the calendar of Magistrate Judge Shashi H. Kewalramani for all further proceedings authorized by statute, local rules and general orders. All documents subsequently filed shall bear this new case designation SACV17-00905 PSG (SHK) absent further order of the Court. (dro)
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| Filing 84 PROOF OF SERVICE filed by Kaiser Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams, re PETITION to Compel Arbitration #82 served on 8-1-2017. (Cox, Lawrence) |
| Filing 83 MEMORANDUM in Support of PETITION to Compel Arbitration #82 filed by Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Cox, Lawrence) |
| Filing 82 PETITION to Compel Arbitration filed by Kaiser Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Attorney Lawrence Allen Cox added to party Mohammad Aslam(pty:dft), Attorney Lawrence Allen Cox added to party Yvonne Barczak(pty:dft), Attorney Lawrence Allen Cox added to party Loreta Castulo(pty:dft), Attorney Lawrence Allen Cox added to party Johanna Marie Dubyak(pty:dft), Attorney Lawrence Allen Cox added to party Kaiser Foundation Health Plan, Inc.(pty:dft), Attorney Lawrence Allen Cox added to party Kaiser Foundation Hospitals(pty:dft), Attorney Lawrence Allen Cox added to party Robin Kilgore(pty:dft), Attorney Lawrence Allen Cox added to party Thibert Kimberly Lyn(pty:dft), Attorney Lawrence Allen Cox added to party Kelly Philipson(pty:dft), Attorney Lawrence Allen Cox added to party Southern California Permanente Medical Group(pty:dft), Attorney Lawrence Allen Cox added to party Ann Williams(pty:dft)) (Cox, Lawrence) |
| Filing 81 NOTICE of Hearing on Petition to Compel Arbitration filed by Kaiser Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. (Cox, Lawrence) |
| Filing 80 NOTICE of Association of Counsel associating attorney Arnold & Porter Kaye Scholer LLP on behalf of Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams. Filed by Defendants Mohammad Aslam, Yvonne Barczak, Loreta Castulo, Johanna Marie Dubyak, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Thibert Kimberly Lyn, Kelly Philipson, Southern California Permanente Medical Group, Ann Williams (Pivo, Kenneth) |
| Filing 79 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Diann Chang served on 7/31/2017, answer due 8/21/2017. Service of the Summons and Complaint were executed upon person apparently in charge of office or business leaving with Monique Radziuk, Receptionist, authorized to accept on behalf of Bobbie Kraus of Woodruff, Spradlin and Smart in compliance with California Code of Civil Procedure by personal service. Also mailed to the office or place of business addressed to defendant. Original Summons NOT returned. (twdb) |
| Filing 78 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Mohammad Aslam, Individual capacity and Official capacity, served on 7/28/2017, answer due 8/18/2017. Personal Service of the Summons and Complaint were executed upon Nancy Zamora, Administrative Assistant in compliance with California Code of Civil Procedure and substituted service by mail to the office or place of business addressed to defendant on 7/28/2017. (dv) |
| Filing 77 NOTICE of Interested Parties filed by Defendant Theodore R. Greenzang, identifying Theodore Greenzang, M.D. and Cooperative of American Physicians. (Cruz, Kim) |
| Filing 76 SCHEDULING NOTICE by Magistrate Judge Douglas F. McCormick. The hearings on the Motions to Dismiss set for August 1, 2017 and August 8, 2017, are hereby VACATED and taken off calendar. No appearances are necessary. The matters stand submitted, and will be decided upon without oral argument. An order will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (nbo) TEXT ONLY ENTRY |
| Filing 75 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Dismiss Case #55 filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga. (Kraus, Roberta) |
| Filing 74 REPLY To Plaintiff's Opposition to Defendant, Theodore Greenzang, M.D.'s Motion to Dismiss For Failure to State a Claim Upon Which Relief May be Granted filed by Defendant Theodore R. Greenzang. (Attachments: #1 Declaration In Support of Defendant, Theodore Greenzang, M.D.'s Reply to Plaintiff's Opposition to His Motion to Dismiss for Failure to State a Claim Upon Which Relief May Granted)(Cruz, Kim) |
| Filing 73 REPLY TO THE OPPOSITION FILED BY PLAINTIFF TO PHAN'S NOTICE OF MOTION AND MOTION to Dismiss Case #14 filed by Defendant Theodore Phan. (Kraus, Roberta) |
| Filing 72 REPLY TO THE OPPOSITION FILED BY PLAINTIFF TO THE COUNTY OF ORANGE'S NOTICE OF MOTION AND MOTION to Dismiss Case #10 filed by Defendants County of Orange, Orange County Social Services Agency. (Kraus, Roberta) |
| Filing 71 NOTICE OF OPPOSITION AND OPPOSITION to indivdual OC SSA Defendants' MOTION to Dismiss Case #55 filed by Plaintiff Diem T. Nguyen. (twdb) |
| Filing 70 REPLY in support Amended NOTICE OF MOTION AND MOTION to Dismiss Case /Complaint #13 , NOTICE OF MOTION AND MOTION to Dismiss Case /Complaint #12 filed by Defendants Janette Lyn Dunn, Huntington Beach City School District, Renee Polk Johnson, Lauren Randall. (Quan, Cary) |
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Filing 69
ORDER for Extension of Time to Answer or Respond to Plaintiff's Complaint #18 #19 by Magistrate Judge Douglas F. McCormick. ORDERED THAT Defendants' Motion for Extension of Time to Answer or Respond be GRANTED. Defendants' answer or other response to the Complaint, including Petition to Compel Arbitration shall be filed on or before August 4, 2017. (see document for details). (dro)
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| Filing 68 PLAINTIFF'S NOTICE OF OPPOSITION AND OPPOSITION to Defendant Theodore Phan's MOTION to Dismiss Case #14 filed by Plaintiff Diem T. Nguyen. (dro) |
| Filing 67 NOTICE OF OPPOSITION and opposition to Defendant Theodore Greenzang's MOTION to Dismiss Plaintiff's Complaint #16 filed by Plaintiff Diem T. Nguyen. (twdb) |
| Filing 66 PLAINTIFF'S NOTICE OF OPPOSITION AND OPPOSITION to Defendants Renee Polk Johnson, Janette Lyn Dunn, and Lauren Randall's MOTION to Dismiss Case #12 #13 filed by Plaintiff Diem T. Nguyen. (dro) |
| Filing 65 PLAINTIFF'S NOTICE OF OPPOSITION AND OPPOSITION to Defendant County of Orange's MOTION to Dismiss Case #10 filed by Plaintiff Diem T. Nguyen. (dro) |
| Filing 64 Notice of Appearance or Withdrawal of Counsel filed by Defendant Kaiser Foundation Health Plan, Inc. (Martin, Scott) |
| Filing 57 CERTIFICATE of Interested Parties filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga, (Kraus, Roberta) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Tammy Beckner-Pavone, Mark A. Boyce, Martin Garcia, Loretta Gonzalez, Huong Le-Transque, Mark Lottman, Carrie Murphy, Maureen Naganuma, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga. Motion set for hearing on 8/8/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attorney Roberta A Kraus added to party Tammy Beckner-Pavone(pty:dft), Attorney Roberta A Kraus added to party Mark A. Boyce(pty:dft), Attorney Roberta A Kraus added to party Martin Garcia(pty:dft), Attorney Roberta A Kraus added to party Loretta Gonzalez(pty:dft), Attorney Roberta A Kraus added to party Huong Le-Transque(pty:dft), Attorney Roberta A Kraus added to party Mark Lottman(pty:dft), Attorney Roberta A Kraus added to party Carrie Murphy(pty:dft), Attorney Roberta A Kraus added to party Maureen Naganuma (pty:dft), Attorney Roberta A Kraus added to party Michael F. Ryan(pty:dft), Attorney Roberta A Kraus added to party Irma Salazar-Allen(pty:dft), Attorney Roberta A Kraus added to party Mahonri Sapiga(pty:dft)) (Kraus, Roberta) |
| Filing 41 ANSWER GENERAL DENIAL OF ALLEGATIONS IN PLAINTIFF'S COMPLAINT AND AFFIRMATIVE DEFENSES (FOR INDIVIDUAL KAISER DEFENDANTS) filed by Defendant Kelly Philipson.(Pivo, Kenneth) |
| Filing 63 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Mark A. Boyce served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 62 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Mark Lottman served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 61 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Irma Salazar-Allen served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 60 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Carrie Murphy served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 59 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Mahonri Sapiga served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 58 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Martin Garcia served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 56 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Loretta Gonzalez served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 54 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Maureen Naganuma, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 53 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Michael F. Ryan served on 6/12/2017, answer due 7/3/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 52 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Huong Le-Transque, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 51 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Tammy Beckner-Pavone, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 50 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Theodore Phan, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Olivia Galvan, Deputy Clerk in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 49 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Thibert Kimberly Lyn served on 6/13/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (lwag) |
| Filing 48 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Loreta Castulo, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 47 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Robin Kilgore, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 46 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Diann Chang, Individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 45 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Yvonne Barczak, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 44 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Hong Nguyen, individual/official capacity served on 6/14/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Hong Nguyen in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 43 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Johanna Marie Dubyak individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 42 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Kelly Philipson, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 40 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Kaiser Foundation Hospitals served on 6/14/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Karen M Keenan, Senior Counsel Legal Department in compliance with statute not specified by personal service. Original Summons NOT returned. (es) |
| Filing 39 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Theodore R. Greenzang, individual/official capacity served on 6/9/2017, answer due 6/30/2017. Service of the Summons and Complaint were executed upon Ashley Beck, Person in charge in compliance with California Code of Civil Procedure by personal service. Original Summons NOT returned. (es) |
| Filing 38 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Kaiser Foundation Health Plan, Inc. served on 6/14/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Karen M. Keenan, Senior Counsel Legal Dept (head of agency) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 37 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Ann Williams served on 6/13/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant apparently in charge of office 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 36 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Southern California Permanente Medical Group served on 6/14/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Hernan Torres on behalf of Paul Deiter, M.D., LLB., Associate Counsel, Admin Specialist (head of agency) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant County of Orange served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon Maria Lopez City Clerk or County Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Mohammad Aslam individual and official capacity served on 6/8/2017, answer due 6/29/2017. Service of the Summons and Complaint were executed upon Letecia Green, HR Consultant apparently in charge of business 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 33 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Janette Lyn Dunn served on 6/13/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Cathy Kustra Office Manager person apparently in charge of office 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 32 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Lauren Randall served on 6/13/2017, answer due 7/5/2017. Service of the Summons and Complaint were executed upon Lauren Randall individual and official capacity in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 31 NOTICE OF DISMISSAL filed by plaintiff Diem T. Nguyen pursuant to FRCP 41a(1) as to Huntington Beach City School District. (twdb) |
| Filing 30 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Renee Polk Johnson served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon Renee Polk Johnson in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 29 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Joseph R. Perry Elementary School served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon Renee Polk Johnson Principal (head of agency) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 28 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Huntington Beach City School District served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon Coco Fabre HR Assistant authorized as agent in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 27 PROOF OF SERVICE Executed by Plaintiff Diem T. Nguyen, upon Defendant Orange County Social Services Agency served on 6/6/2017, answer due 6/27/2017. Service of the Summons and Complaint were executed upon Maria Lopez Deputy Clerk or County Clerk in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (twdb) |
| Filing 26 NOTICE OF DISMISSAL filed by plaintiff Diem T. Nguyen pursuant to FRCP 41a(1) as to Northern California Permanente Medical Group, The Permanente Medical Group, Inc.. (twdb) |
| Filing 25 NOTICE OF DISMISSAL filed by Defendant Northern California Permanente Medical Group pursuant to FRCP 41a(1) without prejudice as to TPMG and as to Northern California Permanente Medical Group. (Pivo, Kenneth) |
| Filing 24 ANSWER GENERAL DENIAL OF ALLEGATIONS IN COMPLAINT AND AFFIRMATIVE DEFENSES filed by Defendants Kaiser Foundation Health Plan, Inc..(Pivo, Kenneth) |
| Filing 23 ANSWER with JURY DEMAND filed by Defendant Hong Nguyen.(Attorney Haiyang Li added to party Hong Nguyen(pty:dft))(Li, Haiyang) |
| Filing 22 NOTICE of Interested Parties filed by Defendant Hong Nguyen, (Attorney Christina M Sprenger added to party Hong Nguyen(pty:dft))(Sprenger, Christina) |
| Filing 20 Notice of Interested Parties (Martin, Scott) |
| Filing 19 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 8/4/2017 filed by Defendants Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Proposed Order) (Martin, Scott) |
| Filing 18 NOTICE OF MOTION AND MOTION to Extend Time to File Answer to 8/4/2017 filed by Dfefendants Kaiser Foundation Health Plan, Inc.. (Attorney Scott A Martin added to party Kaiser Foundation Health Plan, Inc.(pty:dft)) (Martin, Scott) |
| Filing 17 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Defendant Theodore R. Greenzang , M.D. for Failure to State a Claim Upon Which Relief May be Granted [Federal Rule of Civil Procedure 12(b)(6)] #16 filed by Defendant Theodore R. Greenzang. (Cruz, Kim) |
| Filing 16 NOTICE OF MOTION AND MOTION to Dismiss Defendant Theodore R. Greenzang , M.D. for Failure to State a Claim Upon Which Relief May be Granted [Federal Rule of Civil Procedure 12(b)(6)] filed by Defendant Theodore R. Greenzang. Motion set for hearing on 8/8/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Proposed Order on Defendant, Theodore Greenzang, M.D.'s Motion to Dismiss for Failure to State a Claim Federal Rule of Civil Procedure 12(b)(6)) (Attorney Kim Suzanne Cruz added to party Theodore R. Greenzang(pty:dft)) (Cruz, Kim) |
| Filing 15 CERTIFICATE of Interested Parties filed by Defendant Theodore Phan, (Kraus, Roberta) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Theodore Phan. Motion set for hearing on 8/1/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attorney Roberta A Kraus added to party Theodore Phan(pty:dft)) (Kraus, Roberta) |
| Filing 13 Amended NOTICE OF MOTION AND MOTION to Dismiss Case /Complaint filed by Defendants Janette Lyn Dunn, Renee Polk Johnson, Lauren Randall. Motion set for hearing on 8/1/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Declaration Declaration of Cary K. Quan in support of Motion to Dismiss) (Quan, Cary) |
| Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case /Complaint filed by Defendant Janette Lyn Dunn, Huntington Beach City School District, Renee Polk Johnson, Lauren Randall. Motion set for hearing on 8/1/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attachments: #1 Declaration Declaration of Cary K. Quan in support of Motion to Dismiss) (Attorney Cary Kit Quan added to party Janette Lyn Dunn(pty:dft), Attorney Cary Kit Quan added to party Huntington Beach City School District(pty:dft), Attorney Cary Kit Quan added to party Renee Polk Johnson(pty:dft), Attorney Cary Kit Quan added to party Lauren Randall (pty:dft)) (Quan, Cary) |
| Filing 11 CERTIFICATE of Interested Parties filed by Defendants County of Orange, Orange County Social Services Agency, (Kraus, Roberta) |
| Filing 10 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants County of Orange, Orange County Social Services Agency. Motion set for hearing on 8/1/2017 at 10:00 AM before Magistrate Judge Douglas F. McCormick. (Attorney Roberta A Kraus added to party County of Orange(pty:dft), Attorney Roberta A Kraus added to party Orange County Social Services Agency(pty:dft)) (Kraus, Roberta) |
| Filing 8 NOTICE OF CLERICAL ERROR: Due to clerical error form did not attach to docket entry Re: Notice of Reference to US Magistrate Judge (CV-25)form 5 A corrected Notice of Assignment has been issued. ** Docket item 5 should be disregarded** (car) |
| Filing 7 CORRECTED NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and referred to Magistrate Judge Douglas F. McCormick. (car) Modified on 5/26/2017 (car). |
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Filing 4
MINUTE (IN CHAMBERS) Order Re Service of Complaint by Magistrate Judge Douglas F. McCormick: This case has been referred to U.S. Magistrate Judge Douglas F. McCormick. Under Rule 4(m) of the Federal Rules of Civil Procedure, service of the summons and complaint generally must be accomplished on each named defendant within 90 days after filing of the complaint. No later than one week after that 90-day period has expired, Plaintiff must file with the Court a separateproof of service for each defendant served within the 90-day period. Plaintiff is cautioned that his failure to effect proper service by the expiration of the 90-day period may result in dismissal of the action without prejudice as to any unserved defendant(s) unless Plaintiff can show good cause for extending the time for service. Plaintiff is further advised of the following requirements for preparing and submitting documents in this case: See document for further information. (lwag)
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| Filing 9 VERIFIED PETITION FOR RELIEF FROM LATE FILING OF TORT CLAIM PURSUANT TO GOV. CODE 946.6 filed by Plaintiff Diem T. Nguyen. (car) |
| Filing 6 21 DAY Summons Issued re Complaint - (Referred) #1 as to Defendants Mohammad Aslam, Yvonne Barczak, Tammy Beckner-Pavone, Mark A. Boyce, Loreta Castulo, Diann Chang, County of Orange, Johanna Marie Dubyak, Janette Lyn Dunn, Martin Garcia, Loretta Gonzalez, Theodore R. Greenzang, Huntington Beach City School District, Renee Polk Johnson, Joseph R. Perry Elementary School, Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Robin Kilgore, Huong Le-Transque, Mark Lottman, Thibert Kimberly Lyn, Carrie Murphy, Maureen Naganuma, Hong Nguyen, Northern California Permanente Medical Group, Orange County Social Services Agency, Theodore Phan, Kelly Philipson, Lauren Randall, Michael F. Ryan, Irma Salazar-Allen, Mahonri Sapiga, Southern California Permanente Medical Group, The Permanente Medical Group, Inc., Ann Williams. (car) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Philip S. Gutierrez and referred to Magistrate Judge Douglas F. McCormick. (car) |
| Filing 3 PLAINTIFF'S PRE-FILING ORDER AT STATE COURT [copy of pre-filing order is attached hereto as Exhibit A] filed by Plaintiff Diem T. Nguyen. (car) |
| Filing 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Diem T. Nguyen (car) |
| Filing 1 COMPLAINT filed against Defendants Case assigned to Judge Philip S. Gutierrez and referred to Magistrate Judge Douglas F. McCormick.(Filing fee$400 FEE PAID), filed by Plaintiff Diem T. Nguyen. (Attachments: #1 Civil Cover Sheet) (car) |
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