Kimberly Cusack-Acocella et al v. Dual Diagnosis Treatment Center, Inc. et al
Plaintiff: Scott Langer, Janice Smothers, Grace Oudin, Michael Henry, Kimberly Cusack-Acocella, Kassi Nye and Lise Stephens
Defendant: Tonmoy Sharma, David Tessers, Allied Benefit Systems, Inc., Kevin Gallagher, Dual Diagnosis Treatment Center, Inc. and Dual Diagnosis Treatment Center, Inc. a California corporation doing business as Sovereign Health
Interested Party: Great American Insurance Group
Alternative Dispute Resolution (Adr) Provider: Keith M Parker
Case Number: 8:2018cv01009
Filed: June 7, 2018
Court: US District Court for the Central District of California
Presiding Judge: Andrew J Guilford
Referring Judge: Karen E Scott
2 Judge: Otis D Wright
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1132
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 24, 2020 Opinion or Order Filing 268 MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Based on the stipulation of the parties #267 , it is hereby ORDERED that the hearing on Plaintiffs' Motion for Attorneys' Fees is CONTINUED from October 19, 2020, to November 9, 2020, at 1:30 PM #266 . Additionally, Allied and the Sovereign Defendants will file their oppositions on or before October 12, 2020, and Plaintiffs will file their reply to the oppositions on or before October 26, 2020. (lc)
September 22, 2020 Filing 267 STIPULATION to Continue Plaintiffs' Motion for Attorney Fees from October 19, 2020 to November 9, 2020 Re: NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Incentive Awards #266 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Proposed Order)(Petti, Russell)
September 21, 2020 Filing 266 NOTICE OF MOTION AND MOTION for Attorney Fees , Costs and Incentive Awards filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Proposed Order, #2 Notice of Filing Petti and Kantor Declarations, #3 Declaration of Richard M. Pearl w/Exhibits A-C, #4 Declaration of Adam Friedenberg, #5 Exhs. 1-23 to Declaration of Adam Friedenberg, #6 Declaration of William Reilly) (Friedenberg, Adam)
September 21, 2020 Filing 265 NOTICE OF MOTION AND MOTION for Settlement Approval of FINAL SETTLEMENT APPROVAL ; Memorandum of Points and Authorities filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 10/19/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Adam Friedenberg w/Exhibit A, #2 Proposed Order) (Friedenberg, Adam)
August 3, 2020 Opinion or Order Filing 264 ORDER DENYING MOTION TODISSOLVE INJUNCTION #256 by Judge Otis D. Wright, II. For the reasons discussed above, the Court DENIES Sovereigns Motion to Dissolve the Courts January 18, 2019 Injunction Freezing its Assets. (ECF No. 256.) IT IS SO ORDERED. (SEE ORDER FOR FURTHER DETAILS) (yl)
July 31, 2020 Filing 263 NOTICE OF LODGING filed re Response in Support of Motion, #255 (Attachments: #1 Stipulation for Judgment; Proposed Preliminary Judgment)(Klier-Erlich, Rinat)
July 17, 2020 Opinion or Order Filing 262 ORDER GRANTING MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT #244 by Judge Otis D. Wright, II: Allied shall mail Plaintiffs Notice, as amended, no later than ten days after the date of this order. Plaintiffs shall provide the same Notice to the United States Department of Labor within the same deadline. The final approval hearing shall be on October 19, 2020 at 1:30 p.m. at the US Courthouse, 350 West First Street, Courtroom 5D, Los Angeles, CA90012. Plaintiffs shall file a motion for final approval of the proposed settlement no later than September 21, 2020. Any responses by the parties to timely-filed Class member objections must be filed with the Court no later than 14 days before the final approval hearing. (lc)
April 14, 2020 Filing 261 The hearing on the MOTION TO DISSOLVE #256 , scheduled for April 20, 2020 at 1:30 P.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. (sce) TEXT ONLY ENTRY
April 6, 2020 Filing 260 REPLY Support NOTICE OF MOTION AND MOTION for Order for Dissolving the Court's January 18, 2019 Preliminary Injunction #256 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Exhibit Exhibit A Confidential)(Smith, Brian)
April 6, 2020 Filing 259 REPLY in support of the NOTICE OF MOTION AND MOTION for Order for Dissolving the Court's January 18, 2019 Preliminary Injunction #256 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Declaration of Russell G. Petti)(Petti, Russell)
March 30, 2020 Filing 258 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Order for Dissolving the Court's January 18, 2019 Preliminary Injunction #256 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration of Adam Friedenberg)(Friedenberg, Adam)
March 27, 2020 Filing 257 JOINDER in NOTICE OF MOTION AND MOTION for Order for Dissolving the Court's January 18, 2019 Preliminary Injunction #256 filed by Defendant Allied Benefit Systems, Inc.. (Smith, Brian)
March 23, 2020 Filing 256 NOTICE OF MOTION AND MOTION for Order for Dissolving the Court's January 18, 2019 Preliminary Injunction filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. Motion set for hearing on 4/20/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: #1 Declaration of Russell G. Petti, #2 Proposed Order) (Petti, Russell)
March 9, 2020 Filing 255 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 Response to Notice Re Plf's Motion for Preliminary Aprroval of Class Action Settlement filed by Defendant Allied Benefit Systems, Inc.. (Smith, Brian)
March 9, 2020 Filing 254 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Allied Benefit Systems, Inc Motion Related Document, #253 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Incorrect event selected. Correct event to be used is: Request: Order. Other error(s) with document(s): Pdf document requesting clarification.. Missing proposed order.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)
March 6, 2020 Filing 253 Request For Clarification Of Notice Re Hearing On Plaintiffs' Motion For Preliminary Approval Of Class Action Settlement re NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 filed by Defendant Allied Benefit Systems, Inc.. (Smith, Brian)
March 5, 2020 Filing 252 The hearing on the MOTION FOR SETTLEMENT #244 , scheduled for March 9, 2020 at 1:30 P.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. (sce) TEXT ONLY ENTRY
February 28, 2020 Filing 251 MINUTES OF Further Settlement Conference held before Magistrate Judge Karen E. Scott: On February 28, 2020, further settlement discussions were held off the record regarding Plaintiffs' demand for attorneys fees. No resolution of the fee dispute was reached. Court Recorder: off record. (es)
February 20, 2020 Filing 250 DECLARATION of Adam Friedenberg in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 Reply Declaration filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
February 20, 2020 Filing 249 REPLY in support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
February 18, 2020 Filing 248 DECLARATION of Russell G. Petti In Response to Plaintiffs' Motion for Preliminary Approval NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Petti, Russell)
February 18, 2020 Filing 247 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Declaration Of Brian Smith In Support Of Allied Benefits Systems, Inc.'s Response To Plaintiffs' Motion For Preliminary Approval Of Class Action Settlement, #2 Declaration Of Brent Hanfling In Support Of Allied Benefit Systems, Inc.'s Response To Motion For Preliminary Approval Of Class Action Settlement)(Smith, Brian)
February 10, 2020 Filing 246 [PROPOSED] CLASS NOTICE re: NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 (Friedenberg, Adam)
February 10, 2020 Filing 245 DECLARATION of Adam Friedenberg in Support of NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement #244 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
February 10, 2020 Filing 244 NOTICE OF MOTION AND MOTION for Settlement Approval of Preliminary Approval of Class Action Settlement filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 3/9/2020 at 01:30 PM before Judge Otis D. Wright II. (Friedenberg, Adam)
February 5, 2020 Opinion or Order Filing 243 ORDER OF THE CHIEF JUDGE (#20-028) approved by Judge Virginia A. Phillips. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that the following cases be reassigned from the calendar of Judge Andrew Guilford to the calendar of Judge Otis D. Wright for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:18-cv-01009 ODW (KESx). (mrgo)
January 24, 2020 Opinion or Order Filing 242 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Karen E. Scott. The Settlement Conference is placed on calendar for February 28, 2020, at 9:00 a.m. in Courtroom 6D of the Ronald Reagan Federal Building and U.S. Courthouse in Santa Ana, California. No later than 4:00 p.m. seven (7) days prior thereto, each party shall submit a Settlement Conference Statement directly to the chambers of Magistrate Judge Scott (i.e., Ronald Reagan Suite 6165) or email to KES_Chambers@cacd.uscourts.gov. The Settlement Conference Statements should not exceed 5 pages. (SEE ORDER FOR FURTHER DETAILS.) (es) Modified on 1/24/2020 (es).
October 30, 2019 Filing 241 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/7/19 re Transcript #240 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY
October 30, 2019 Filing 240 TRANSCRIPT for proceedings held on 10/7/19. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.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 11/20/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/28/2020. (Baird, Miriam)
October 18, 2019 Filing 238 AMENDED MINUTES held before Judge Andrew J. Guilford : ORDER VACATING PRETRIAL DEADLINES AND TRIAL DATE IN LIGHT OF SETTLEMENT, re: #237 . Plaintiffs shall file a motion for preliminary approval under Rule 23(e) within 6 months of the date of this order. (twdb)
October 17, 2019 Opinion or Order Filing 237 MINUTE ORDER (IN CHAMBERS) ORDER VACATING PRETRIAL DEADLINES AND TRIAL DATE IN LIGHT OF SETTLEMENT by Judge Andrew J. Guilford: On October 17, 2019, Plaintiff filed a Notice of Settlement regarding the only remaining defendants in this action. In light of the settlement, the pending pretrial deadlines and bench trial are hereby vacated and taken off calendar. Plaintiffs shall promptly file a motion for preliminary approval under Rule 23(e). (es)
October 17, 2019 Filing 236 NOTICE of Settlement filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
October 8, 2019 Opinion or Order Filing 235 MINUTES [IN CHAMBERS] ORDER REGARDING TRIAL PROCEDURES AND PRETRIAL FILINGS by Judge Andrew J. Guilford: This order addresses matters discussed during the October 7, 2019 pretrial conference, including pretrial filings (or, as is particularly relevant in this case, the lack of such filings), as well as the Court's trial procedures. The trial will last 1 day, and it will be a bench trial. Because of conflicts with the Court's own busy calendar, trial will begin October 24, 2019. Trial will go from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Given the partial settlement in this case and other matters discussed in this order, the pending motions in limine are DENIED as moot. (See Dkt. Nos. 221-223.) (See document for details.) (es)
October 8, 2019 Filing 234 TRANSCRIPT ORDER as to Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens for Court Reporter. Court will contact Beverly Carter at bcarter@glynnfinley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Friedenberg, Adam)
October 7, 2019 Opinion or Order Filing 233 MINUTES IN CHAMBERS] ORDER REGARDING MOTION TO STRIKE, MOTION FOR SUMMARY JUDGMENT, AND MOTION FOR CLASS CERTIFICATION by Judge Andrew J. Guilford: The Court GRANTS Plaintiffs' motion to strike. The Court DENIES Allied's motion for summary judgment. The Court GRANTS Plaintiffs' motion for class certification. Any arguments not addressed in this lengthy order either weren't convincing or need not be addressed at this time. (See order for further details.) (es)
October 7, 2019 Filing 232 MINUTES OF PRETRIAL CONFERENCE; DEFENDANT'S MOTION IN LIMINE TO EXCLUDE TESTIMONY BY RANDALL MOON AS AGAINST ALLIED #221 PLAINTIFF'S MOTION IN LIMINE (1) TO EXCLUDE ALLIED'S UNDISCLOSED WITNESSES #222 PLAINTIFF'S MOTION IN LIMINE (2) TO EXCLUDE ANDREW HAYNES #223 held before Judge Andrew J. Guilford: Motion hearing held. The Court and counsel confer regarding matters as stated on the record. For the reasons stated on the record, the tentative shall become the Order of the Court. Order to issue. Court Reporter: Miriam Baird. (es)
October 6, 2019 Filing 231 DECLARATION of Russell G. Petti re Minutes of In Chambers Order/Directive - no proceeding held,,, #229 regarding the Court's Order of October 4, 2019 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers, Interested Party Great American Insurance Group. (Petti, Russell)
October 4, 2019 Filing 230 TRANSCRIPT ORDER as to Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens for Court Smart (CS). Court will contact Beverly Carter at bcarter@glynnfinley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Friedenberg, Adam)
October 4, 2019 Opinion or Order Filing 229 MINUTE ORDER [IN CHAMBERS] ORDER REGARDING PRETRIAL CONFERENCE by Judge Andrew J. Guilford: The final pretrial conference in this case is scheduled for this Monday, October 7, 2019 at 8:30 a.m. As required by the Local Rules, Plaintiffs have timely filed all the required pretrial documents. (See Dkt. Nos. 214-216, 226.) But the remaining Defendants in this caseKevin Gallagher and David Tessershave not. Besides violating this Court's Local Rules, Defendants' failure to substantially prepare for the impending pretrial conference possibly merits sanctions under the Federal Rules, including striking the answer. See Fed. R. Civ. P. 16(f), 37(b)(2)(A)(iii). The Court will consider whether such sanctions are appropriate on Monday. (es)
October 2, 2019 Filing 228 NOTICE of Partial Settlement filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
September 27, 2019 Filing 227 MINUTES OF Further Settlement Conference held before Magistrate Judge Karen E. Scott. On September 27, 2019, further settlement discussions were held telephonically and off the record. A settlement agreement was reached between the Plaintiffs and Defendants Dual Diagnosis Treatment Center, Inc., Tonmoy Sharma, and Allied Benefits Systems, Inc. The material terms of the settlement agreement were recited on the record. The Court orders the transcript sealed except from the parties. Court Recorder: CS 09/27/19 (SEALED). (sbou)
September 26, 2019 Filing 226 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Proposed Order)(Friedenberg, Adam)
September 25, 2019 Filing 225 OPPOSITION IN OPPOSITION TO re: MOTION IN LIMINE to Exclude Testimony By Randall Moon As Against Allied #221 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration of Adam Friedenberg)(Friedenberg, Adam)
September 23, 2019 Filing 224 DECLARATION of Jonathan A. Eldredge in Support of MOTION IN LIMINE (2) to Exclude Andrew Haynes #223 , MOTION IN LIMINE (1) to Exclude Allied's Undisclosed Witnesses #222 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Exhs. A-J to Eldredge Decl.)(Eldredge, Jonathan)
September 23, 2019 Filing 223 NOTICE OF MOTION AND MOTION IN LIMINE (2) to Exclude Andrew Haynes filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 10/7/2019 at 08:30 AM before Judge Andrew J. Guilford.(Eldredge, Jonathan)
September 23, 2019 Filing 222 NOTICE OF MOTION AND MOTION IN LIMINE (1) to Exclude Allied's Undisclosed Witnesses filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 10/7/2019 at 08:30 AM before Judge Andrew J. Guilford.(Eldredge, Jonathan)
September 23, 2019 Filing 221 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony By Randall Moon As Against Allied filed by Defendant Allied Benefit Systems, Inc.. Motion set for hearing on 10/7/2019 at 09:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Rinat Klier Erlich, #2 Proposed Order Granting Allied Benefit Systems., Inc.'s Motion In Limine To Exclude Testimony By Randall Moon As Against Allied)(Smith, Brian)
September 18, 2019 Filing 220 MINUTES OF Settlement Conference held before Magistrate Judge Karen E. Scott. Case is called. Counsel state their appearances. Also present are: (1) Plaintiff Michael Henry, (2) Defendant Kevin Gallagher, (3) Defendant Allied's representative Brent Hanfling, and (4) counsel for Great American Insurance Group, Stephen Erigero. Settlement discussions are held off the record. The parties were unable to reach a settlement agreement. Court Recorder: CS 09/18/19. (sbou)
September 17, 2019 Filing 219 NOTICE OF ERRATA filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. correcting Exhibit List #216 (Friedenberg, Adam)
September 16, 2019 Filing 218 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Memorandum Memo of Contentions of Law & Fact)(Smith, Brian)
September 16, 2019 Filing 217 Witness List filed by Defendant Allied Benefit Systems, Inc... (Smith, Brian)
September 16, 2019 Filing 216 JOINT Exhibit List filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens.. (Friedenberg, Adam)
September 16, 2019 Filing 215 Witness List filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens.. (Friedenberg, Adam)
September 16, 2019 Filing 214 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
September 9, 2019 Opinion or Order Filing 213 MINUTES (IN CHAMBERS): ORDER re SETTLEMENT CONFERENCE by Magistrate Judge Karen E. Scott. This case has been referred to this Court by the District Judge for a settlement conference. A settlement conference is hereby scheduled for Wednesday, September 18, 2019, at 9:00 a.m. in Courtroom 6D of the Ronald Reagan Federal Building and U.S. Courthouse in Santa Ana, California. No later than 4:00 p.m. on Wednesday, September 11, 2019, Plaintiffs shall advise Defendants by letter (delivered or emailed) of the terms upon which Plaintiffs are prepared to settle the case. No later than 4:00 p.m. on Friday, September 13, 2019, each defendant shall respond to the same by letter (delivered or emailed) advising Plaintiffs of the terms upon which such defendant is prepared to settle the case. No later than 10:00 a.m. on Monday, September 16, 2019, each party shall submit the following: (See document for details.) (sbou)
September 1, 2019 Filing 212 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/26/19 re Transcript #211 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY
September 1, 2019 Filing 211 TRANSCRIPT for proceedings held on 8/26/19 10:30 A.M.. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.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 9/23/2019. Redacted Transcript Deadline set for 10/2/2019. Release of Transcript Restriction set for 12/2/2019. (Baird, Miriam)
August 27, 2019 Filing 210 TRANSCRIPT ORDER as to Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens for Court Reporter. Court will contact Beverly Carter at bcarter@glynnfinley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Friedenberg, Adam)
August 26, 2019 Filing 209 MINUTES OF Hearing on Plaintiff's Supplemental Motion to Certify Class #154 and Defendant's Motion for Summary Judgment #184 held before Judge Andrew J. Guilford: Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. The parties are ordered to contact Magistrate Judge Scott forthwith to schedule a settlement conference. Court Reporter Miriam Baird. Attorneys for Plaintiff: Adam Freidenburg; Attorneys for Defendant: Russell Petti, Rinat Klier-Erlich. Courtroom Deputy: Melissa Kunig; Time in Court: 0:35. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku)
August 22, 2019 Filing 208 OBJECTIONS to Motion Related Document, #207 Reply In Support Of Motion To Strike Declaration Of Steve Savanna filed by Defendant Allied Benefit Systems, Inc.. (Smith, Brian)
August 9, 2019 Filing 207 REPLY IN SUPPORT OF PLAINTIFFS' MOTION TO STRIKE DECLARATION OF STEVE SAVANNA (DKT. NO. 184-1) re NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
August 2, 2019 Filing 206 ALLIED BENEFIT SYSTEMS, INC.'S OBJECTIONS TO PLAINTIFFS' EVIDENCE IN OPPOSITION TO ALLIED BENEFIT SYSTEMS, INC.'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Proposed Order On Allied Benefit Systems, Inc.'s Objections to Plaintiffs' Evidence in Opposition to Allied Benefit Systems, Inc.'s Motion for Summary Judgment or, In the Alternative, Partial Summary Judgment)(Muhlestein, Ladell)
August 2, 2019 Filing 205 ALLIED BENEFIT SYSTEMS, INC.'S OPPOSITION TO OBJECTIONS TO AND MOTION TO STRIKE DECLARATION OF STEVE SAVANNA re: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
August 2, 2019 Filing 204 REPLY REPLY STATEMENT OF UNCONTROVERTED MATERIAL FACTS AND CONCLUSIONS OF LAW NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
August 2, 2019 Filing 203 REPLY Reply NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 ALLIED BENEFIT SYSTEMS, INC.'S REPLY TO OPPOSITION TO ITS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
July 24, 2019 Opinion or Order Filing 202 ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND ALLIED BENEFIT SYSTEMS, INC.'S MOTION FOR SUMMARY JUDGMENT by Judge Andrew J. Guilford. Pursuant to the parties' stipulation, the Court continues the hearing on Allied's motion for summary judgment #184 and Plaintiffs' motion for class certification #154 to August 26, 2019, at 10:00 a.m. #201 (es)
July 23, 2019 Filing 201 STIPULATION to Continue Hearing on Plaintiffs' Motion for Class Certification and Allied Benefit Systems, Inc.'s Motion for Summary Judgment from August 19, 2019 to August 21, 23 or 26, 2019 Re: Minutes of In Chambers Order/Directive - no proceeding held,,, Terminate Deadlines and Hearings,,, Set/Reset Hearing,,, Set/Reset Motion Hearing and R&R Deadlines,, #200 filed by Plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Proposed Order)(Friedenberg, Adam)
July 19, 2019 Opinion or Order Filing 200 MINUTE ORDER [IN CHAMBERS] ORDER REGARDING SCHEDULING by Judge Andrew J. Guilford: The parties have submitted a joint proposed schedule for matters in this case. (See Dkt. No. 199.) Considering these dates and the Court's own need to manage its docket, the Court SETS the following dates and deadlines: The hearing on Allied's motion for summary judgment and Plaintiffs' motion for class certification will be held on August 19, 2019 at 10:00 A.M. Allied must file its reply brief in support of its motion for summary judgment by August 2, 2019. The pretrial conference will be held October 7, 2019 at 8:30 A.M. Trial will begin October 22, 2019 at 9:00 A.M. (es)
July 17, 2019 Filing 199 STATUS REPORT RE TRIAL SCHEDULE filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
July 8, 2019 Filing 198 MINUTES OF STATUS CONFERENCE held before Judge Andrew J. Guilford: Status conference held. The Court and counsel discuss matters as stated on the record. For the reasons stated on the record, the Court LIFTS THE STAY in this matter. The parties are ordered to meet and confer regarding a proposed chart to set the necessary remaining dates and deadlines in this action. The parties are encouraged to stipulate to as many dates and deadlines as possible. If the parties cannot agree, the chart shall include the proposed date(s) from each side. The proposed chart of new dates and deadlines shall be filed no later than July 17, 2019. Court Reporter: Miriam Baird. (es)
July 5, 2019 Filing 197 DECLARATION of Russell G. Petti re Statement #195 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Petti, Russell)
July 1, 2019 Filing 196 RESPONSE filed by Defendant Allied Benefit Systems, Inc.to Statement #195 (Smith, Brian)
June 28, 2019 Filing 195 STATEMENT Plaintiffs' Status Conference Statement filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens (Friedenberg, Adam)
June 12, 2019 Opinion or Order Filing 194 *NOTE: CHANGES MADE BY THE COURT* ORDER CONTINUING DATE STATUS CONFERENCE #193 by Judge Andrew J. Guilford, the Court Orders that the status conference currently set for June 24, 2019 at 9:00 a.m. is continued to July 8, 2019 at 9:00 a.m. (es)
June 11, 2019 Filing 193 STIPULATION to Continue Status Conference from June 24, 2019 to July 8, 2014 Re: Order, Set/Reset Hearing #192 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Proposed Order [PROPOSED] ORDER)(Petti, Russell)
May 29, 2019 Opinion or Order Filing 192 **NOTE: CHANGES MADE BY THE COURT** ORDER CONTINUING DATE OF STATUS CONFERENCE #191 by Judge Andrew J. Guilford. The status conference currently set for June 17, 2019 at 9:00 a.m. is CONTINUED to June 24, 2019 at 9:00 a.m. (es)
May 26, 2019 Filing 191 STIPULATION to Reschedule Status Conference filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Proposed Order [PROPOSED] ORDER)(Petti, Russell)
May 21, 2019 Filing 190 Plaintiffs' Objections to and Motion to Strike Declaration of Steve Savanna (Dkt. No. 184-1) Opposition re: NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
May 21, 2019 Filing 189 STATEMENT of Plaintiffs' Response to Allied Benefit System, Inc.'s Separate Statement of Uncontroverted Material Facts and Conclusions of Law NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
May 21, 2019 Filing 188 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint #184 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration of Randall J. Moon, #2 Declaration of Scott Langer, #3 Declaration of Michael Henry, #4 Declaration of Adam Friedenberg, #5 Exhs. 1-22 to Declaration of Adam Friedenberg, #6 Exhs. 23-39 to Declaration of Adam Friedenberg, #7 Exhs. 40-65 to Declaration of Adam Friedenberg, #8 Exhs. 66-89 to Declaration of Adam Friedenberg, #9 Exhs. 90-99 to Declaration of Adam Friedenberg)(Friedenberg, Adam)
May 21, 2019 Opinion or Order Filing 187 MINUTES (IN CHAMBERS) ORDER REGARDING MOTION TO STAY by Judge Andrew J. Guilford: For these and other reasons, the Court GRANTS Sovereign's motion to stay proceedings. But the length of the stay remains an issue. Perhaps it should extend to the requested date of August 12, 2019. But that depends on scheduling set in state court whose certainty can't be determined by this Court. Further, a stay should not be a time to cease settlement discussions. Various nuances in this case add complexity, but also create unique opportunities for settlement. Therefore, the Court SETS a status conference on June 17, 2019 at 9:00 A.M. to determine how this matter is progressing and when the stay should end. The Court will be particularly interested in whether good faith is shown in settlement discussions. The Court will also review whether it should promptly set a date to determine pending matters such as class certification and summary judgment. Because all proceedings are stayed, the Court VACATES the June 6, 2019 hearing on Allied's motion for summary judgment. If necessary, a new hearing date will be set for this motion and other pending motions at the June 17, 2019 scheduling conference. (es)
May 20, 2019 Filing 186 MINUTES OF PLAINTIFF'S SUPPLEMENTAL MOTION TO CERTIFY CLASS #154 DEFENDANTS' MOTION FOR STAY OF THIS LAWSUIT #160 JOINDER #170 Hearing held before Judge Andrew J. Guilford: Motions hearing held. The Court hears oral argument from the parties. The Court takes the Motions under submission. Order to issue. Court Reporter: Miriam Baird. (es)
May 10, 2019 Opinion or Order Filing 185 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Karen E. Scott Regarding Lodged Documents and Mr. Hanfling's Deposition #146 #150 . (See document for details) (jdo)
May 9, 2019 Filing 184 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by defendant Allied Benefit Systems, Inc.. Motion set for hearing on 6/6/2019 at 09:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration Steve Savanna, #2 Declaration Rinat Klier-Erlich, #3 Proposed Order, #4 Separate Statement) (Muhlestein, Ladell)
May 8, 2019 Filing 183 STIPULATION for Discovery as to Sovereign Employee Deductions filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens.(Eldredge, Jonathan)
May 8, 2019 Filing 182 STIPULATION for Discovery as to Claim Information Statements filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens.(Eldredge, Jonathan)
May 8, 2019 Filing 181 NOTICE OF LODGING filed Logged Documents re Minutes of In Chambers Order/Directive - no proceeding held,, #174 (Smith, Brian)
May 6, 2019 Filing 180 REPLY in support of the NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the Dual Diagnosis Treatment Center, Inc.'s Motion for Summary Adjudication in the Health Net litigation, currently set to be heard on August 12, 2019 #160 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Declaration of Russell G. Petti)(Petti, Russell)
May 6, 2019 Opinion or Order Filing 179 MINUTE ORDER [IN CHAMBERS] ORDER CONTINUING HEARING ON MOTION FOR CLASS CERTIFICATION (DKT. NO. 154) by Judge Andrew J. Guilford: For reasons of calendar management and judicial economy, the Court CONTINUES the hearing on Plaintiffs' motion for class certification from May 13, 2019 to May 20, 2019 at10:00 am. (es)
May 3, 2019 Opinion or Order Filing 178 MINUTE ORDER [IN CHAMBERS] ORDER REGARDING STIPULATION (DKT. NO. 177) by Judge Andrew J. Guilford: The Court GRANTS the parties' request with the following changes: Defendant Allied's motion for summary judgment must be filed and served on May 9, 2019. Plaintiffs will must file their opposition by May 21, 2019. Defendant Allied must file its reply by May 30, 2019. The hearing on Defendant Allieds motion for summary judgment will be on June 6, 2019 at 9:00 A.M. The motion and opposition can each use an extra four pages in addition to the page limits set by the Local Rules. The reply may use an extra two pages. (See document for further details) (es)
May 2, 2019 Filing 177 First STIPULATION to Continue Hearing on Motion for Summary Judgment from June 3, 2019 to June 6 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Proposed Order on Stipulation Regarding Briefing Schedule on Allied Benefit Systems, Inc.'s Motion for Summary Judgment)(Smith, Brian)
May 2, 2019 Filing 176 First STIPULATION to Continue Hearing on Motion for Summary Judgment from June 3, 2019 to June 6, 2019 Allied Benefit Systems, Inc..(Smith, Brian)
May 2, 2019 Filing 175 MINUTES (IN CHAMBERS) by Magistrate Judge Karen E. Scott: denying #171 Sovereign's Ex Parte Application. The Court orders Sovereign to produce the emails to Plaintiff by May 6, 2019. Sovereign is also ordered to produce by May 17, 2019, any of the withheld emails it deems not privileged on review and, by the same deadline, to submit to Plaintiffs a privilege log reflecting withheld emails. Given the brevity of the briefing, the Court deems 500 dollars a reasonable amount of fees, which Sovereign is ordered to pay to Plaintiffs within 30 days of the date of this order. (see document for details) (jdo)
May 1, 2019 Opinion or Order Filing 174 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Karen E. Scott: GRANTING IN PART Plaintiffs' Motion to Compel Discovery #143 and Related Matters #159 #165 . The Court therefore ORDERS Allied and Plaintiffs to meet and confer and, within seven days of the date of this order, come to an agreement about a stipulation. If the parties cannot agree, they shall, within the same seven day period, each file a three-page letter brief with the Court explaining the impasse. By no later than 30 days of the date of this order, Allied shall reimburse Plaintiffs in the amount of $2,500 for the reasonable expenses incurred in bringing its motion to compel. (see document for details) (jdo)
April 30, 2019 Filing 173 DECLARATION of Russell G. Petti Re Compliance with Discovery Orders filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Petti, Russell)
April 30, 2019 Filing 172 OPPOSITION in Opposition to re: EX PARTE APPLICATION for Order for Production of Emails to be Continued #171 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Eldredge, Jonathan)
April 29, 2019 Filing 171 EX PARTE APPLICATION for Order for Production of Emails to be Continued filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 [PROPOSED] ORDER)(Petti, Russell)
April 29, 2019 Filing 170 NOTICE OF MOTION AND MOTION for Joinder in NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the Dual Diagnosis Treatment Center, Inc.'s Motion for Summary Adjudication in the Health Net litigation, currently set to be heard on August 12, 2019 #160 filed by Defendant Allied Benefit Systems, Inc.. Motion set for hearing on 5/20/2019 at 10:00 AM before Judge Andrew J. Guilford. (Smith, Brian)
April 29, 2019 Filing 169 REPLY IN SUPPORT OF Supplemental NOTICE OF MOTION AND MOTION to Certify Class #154 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration DECLARATION OF ADAM FRIEDENBERG IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION, #2 Exhibit EXHIBITS A-H IN SUPPORT OF DECLARATION OF ADAM FRIEDENBERG IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION, #3 Exhibit EXHIBITS I-O IN SUPPORT OF DECLARATION OF ADAM FRIEDENBERG IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION, #4 Exhibit EXHIBITS P-Y IN SUPPORT OF DECLARATION OF ADAM FRIEDENBERG IN SUPPORT OF PLAINTIFFS' REPLY BRIEF IN SUPPORT OF SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION)(Friedenberg, Adam)
April 26, 2019 Filing 168 RESPONSE filed by Defendant Allied Benefit Systems, Inc.to Notice (Other), #165 Plaintiff's Second Notice of NonCompliance with Magistrate Judge's Order of March 15, 2019 and Request for Order to Show Cause (Klier-Erlich, Rinat)
April 26, 2019 Filing 167 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the Dual Diagnosis Treatment Center, Inc.'s Motion for Summary Adjudication in the Health Net litigation, currently set to be heard on August 12, 2019 #160 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration DECLARATION OF ADAM M. RAPP IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTION BY DUAL DIAGNOSTIC [SIC] TREATMENT CENTER, INC., KEVIN GALLAGHER, TONMOY SHARMA, AND DAVID TESSERS FOR A STAY OF THIS LAWSUIT)(Rapp, Adam)
April 25, 2019 Filing 166 Notice of Appearance or Withdrawal of Counsel: for attorney Jeffrey W Korn counsel for Defendant Allied Benefit Systems, Inc.. Jeffrey W. Korn is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Jeffrey W. Korn. (Korn, Jeffrey)
April 24, 2019 Filing 165 NOTICE OF SECOND NOTICE OF NONCOMPLIANCE WITH MAGISTRATE JUDGE'S ORDER OF MARCH 15, 2019 AND REQUEST FOR ORDER TO SHOW CAUSE filed by plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Eldredge, Jonathan)
April 22, 2019 Filing 164 DECLARATION of Brian T. Smith Regarding Discovery filed by Defendant Allied Benefit Systems, Inc.. (Smith, Brian)
April 22, 2019 Filing 163 OPPOSITION IN OPPOSITION re: Supplemental NOTICE OF MOTION AND MOTION to Certify Class #154 OPPOSITION TO PLAINTIFFS' SUPPLEMENTAL MOTION FOR CLASS CERTIFICATION filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Declaration Declaration of Steve Savanna In Support of Opposition to Plaintiffs' Supplemental "Motion for Class Certification, #2 Declaration Declaration of Ladell Hulet Muhlestein in Support of Opposition to Plaintiffs' Supplemental Motion for Class Certification)(Muhlestein, Ladell)
April 22, 2019 Filing 162 RESPONSE filed by Defendant Allied Benefit Systems, Inc.to Miscellaneous Document #159 Plaintiff's Request for Clarification regarding Order Granting in Part, Plaintiffs' Motion to Compel Discovery (Klier-Erlich, Rinat)
April 22, 2019 Filing 161 Opposition in opposition to re: Supplemental NOTICE OF MOTION AND MOTION to Certify Class #154 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Petti, Russell)
April 22, 2019 Filing 160 NOTICE OF MOTION AND MOTION to Stay Case pending Resolution of the Dual Diagnosis Treatment Center, Inc.'s Motion for Summary Adjudication in the Health Net litigation, currently set to be heard on August 12, 2019 filed by Defendants Tonmoy Sharma, David Tessers. Motion set for hearing on 5/20/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Russell G. Petti) (Petti, Russell)
April 22, 2019 Filing 159 PLAINTIFFS' REQUEST FOR CLARIFICATION REGARDING "ORDER GRANTING, IN PART, PLAINTIFFS' MOTION TO COMPEL DISCOVERY (DKT 143) re: Order on Motion for Hearing re Discovery Matter,, #157 (Eldredge, Jonathan)
April 18, 2019 Filing 158 MEDIATION REPORT Filed by Mediator (ADR Panel) Keith M Parker: Mediation held on April 18, 2019. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: #MediationParticipantSurvey(Parker, Keith)
April 18, 2019 Opinion or Order Filing 157 MINUTES (IN CHAMBERS) Order GRANTING, in Part, Plaintiffs' Motion to Compel Discovery (Dkt. 143) by Magistrate Judge Karen E. Scott: On or before April 22, 2019, counsel for Allied shall provide a declaration (1) indicating that Allied has completed its document production, if true, or (2) explaining why Allied has not completed its document production, identifying with specificity what remains to be produced, and stating the date by which production will be complete. (SEE MINUTES FOR FURTHER DETAILS) #143 (yl)
April 17, 2019 Opinion or Order Filing 156 ORDER RE DEPOSITIONS AND DISCOVERY CUT OFF #155 by Judge Andrew J. Guilford. (See document for details) (es)
April 16, 2019 Filing 155 STIPULATION for Discovery as to Depositions and Discovery Cut Off filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Proposed Order Re Depositions and Discovery Cut Off)(Smith, Brian)
April 12, 2019 Filing 154 Supplemental NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 5/13/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Adam Friedenberg) (Friedenberg, Adam)
April 8, 2019 Opinion or Order Filing 153 MINUTES (IN CHAMBERS) ORDER REGARDING MOTION FOR CLASS CERTIFICATION #111 by Judge Andrew J. Guilford: The Court DENIES Plaintiffs' motion for class certification. Ultimately, class certification is likely appropriate here. But Plaintiffs' proposed class, as it is currently drafted, casts too wide a net. If Plaintiffs wish to bring another motion for class certification, the Court notes that, in this case, it would probably be willing to certify a smaller, more narrowly defined class. (See document for further details) (es)
April 8, 2019 Filing 152 MINUTES OF Hearing on Plaintiff's Motion to Certify Class #111 #112 held before Judge Andrew J. Guilford: Motion hearing held. The Court and counsel discussed matters as stated on the record. For the reasons stated on the record, the tentative shall become the Order of the Court. Order to issue. Court Reporter: Miriam Baird. Attorneys for Plaintiff: Adam Friedenberg; Attorneys for Defendant: Russell Petti, Ladell Muhlstein, Rinat Ehrlich. Courtroom Deputy: Melissa Kunig; Time in Court: 0:15. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku)
April 8, 2019 Opinion or Order Filing 151 ORDER GRANTING PLAINTIFFS' DISCOVERY MOTION RE SOVEREIGN'S DISCOVERY by Magistrate Judge Karen E. Scott: granting #139 Motion for Hearing. Note changes made by the Court. (See document for details.) (sbou) Modified on 4/16/2019 (sbou).
April 5, 2019 Filing 150 JOINT BRIEF RE PRIVILEGE LOG filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens (Attachments: #1 Exhibits A-S, #2 Exhibits T-GG)(Eldredge, Jonathan)
April 5, 2019 Filing 149 MINUTES OF TELEPHONIC CONFERENCE re #143 Notice of Discovery Motion and Telephonic Conference, held before Magistrate Judge Karen E. Scott. Court and counsel confer. Court takes matter under submission. Court Recorder: CS 4/5/19. (jdo)
April 4, 2019 Filing 148 MINUTES OF TELEPHONIC DISCOVERY CONFERENCE #139 held before Magistrate Judge Karen E. Scott: Court states its ruling on the record. Plaintiff's counsel shall submit a proposed order for the Court's approval. Court Recorder: CS 4/4/19. (jdo)
April 4, 2019 Filing 147 BRIEF filed by Defendant Allied Benefit Systems, Inc.. regarding MOTION for Hearing Notice of Discovery Motion and Telephonic Conference #143 . (Attachments: #1 Declaration Of Brian Smith In Support Of Allied Benefit Systems, Inc.'S Brief Re Informal Discovery Conference, #2 Exhibit Exhibits A to D to Brief Re IDC)(Smith, Brian)
April 4, 2019 Filing 146 Plaintiffs' Brief re Allied's Discovery filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens re: MOTION for Hearing Notice of Discovery Motion and Telephonic Conference #143 (Attachments: #1 Exhibits A-F)(Eldredge, Jonathan)
April 3, 2019 Filing 145 OPPOSITION opposition re: NOTICE OF MOTION AND MOTION to Certify Class #111 OPPOSITION TO PLAINTIFFS' OBJECTIONS TO EVIDENCE SUBMITTED BY ALLIED BENEFIT SYSTEMS, INC. IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
April 3, 2019 Filing 144 OBJECTIONS opposition re: NOTICE OF MOTION AND MOTION to Certify Class #111 ALLIED'S OBJECTIONS TO EVIDENCE SUBMITTED BY PLAINTIFFS' IN REPLY TO ALLIED'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
April 3, 2019 Filing 143 NOTICE OF MOTION AND MOTION for Hearing Notice of Discovery Motion and Telephonic Conference filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 4/5/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Eldredge, Jonathan) Modified on 4/16/2019 (sbou).
April 3, 2019 Filing 142 Notice of Appearance or Withdrawal of Counsel: for attorney Ladell Hulet Muhlestein counsel for Defendant Allied Benefit Systems, Inc.. Adding Ladell H. Muhlestein as counsel of record for Defendant ALLIED BENEFIT SYSTEMS, INC. for the reason indicated in the G-123 Notice. Filed by Defendant ALLIED BENEFIT SYSTEMS, INC.. (Muhlestein, Ladell)
April 3, 2019 Filing 141 BRIEF filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. regarding MOTION for Hearing Notice of Discovery Motion and Telephonic Conference #139 . (Petti, Russell)
April 3, 2019 Filing 140 Plaintiffs' Brief re Sovereign's Failure to Respond to Discovery filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens re: MOTION for Hearing Notice of Discovery Motion and Telephonic Conference #139 (Eldredge, Jonathan)
April 3, 2019 Filing 139 NOTICE OF MOTION AND MOTION for Hearing Notice of Discovery Motion and Telephonic Conference filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 4/4/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Eldredge, Jonathan)
April 1, 2019 Opinion or Order Filing 138 ORDER GRANTING PLAINTIFFS' DISCOVERY MOTION RE SOVEREIGN'S DISCOVERY by Magistrate Judge Karen E. Scott. NOTE: CHANGES MADE BY THE COURT re MOTION for Hearing Brief Re Discovery Hearing, re: MOTION for Hearing Discovery Motion and Telephonic Conference re Discovery Dispute #120 , #133 . (sbou)
April 1, 2019 Filing 137 OBJECTION to Evidence Submitted by Defendants' in Opposition re: NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
April 1, 2019 Filing 136 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration of Adam Friedenberg, #2 Exhs. A-G to Declaration of Adam Friedenberg, #3 Exhs. H-K to Declaration of Adam Friedenberg)(Friedenberg, Adam)
March 29, 2019 Opinion or Order Filing 135 FIRST AMENDED STIPULATED QUALIFIED PROTECTIVE ORDER FOR DISCLOSURE OF HEALTH INFORMATION; FEDERAL RULE OF CIVIL PROCEDURE 26(c); 45 CODE OF FEDERAL REGULATIONS SECTIONS 164.512(e)(1)(ii) and 164.512(e) (1)(v) by Magistrate Judge Karen E. Scott. re Protective Order #94 . (twdb)
March 29, 2019 Filing 134 MINUTES OF TELEPHONIC DISCOVERY CONFERENCE #120 held before Magistrate Judge Karen E. Scott: Court states its ruling on the record. Plaintiff's counsel shall submit a proposed order. Further telephonic conferences are scheduled for Thursday, April 4, 2019, at 9:30 a.m. and Friday, April 5, 2019, at 9:30 a.m. Court Recorder: CS 3/29/19. (jdo)
March 28, 2019 Filing 133 NOTICE OF MOTION AND MOTION for Hearing Brief Re Discovery Hearing, re: MOTION for Hearing Discovery Motion and Telephonic Conference re Discovery Dispute #120 , filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. Motion set for hearing on 3/29/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Petti, Russell)
March 28, 2019 Filing 132 Plaintiffs' Brief re Sovereign's Failure to Respond to Discovery filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens re: MOTION for Hearing Discovery Motion and Telephonic Conference re Discovery Dispute #120 (Eldredge, Jonathan)
March 26, 2019 Opinion or Order Filing 131 MINUTE ORDER IN CHAMBERS by Magistrate Judge Karen E. Scott re Plaintiffs' Notice of Noncompliance #125 . At the March 29 discovery teleconference, the Court intends to ask Plaintiffs if they have received the items as indicated in Allied's response. Counsel for Allied may attend that teleconference or may meet and confer with Plaintiffs' counsel to schedule a teleconference on a mutually convenient date. (jdo)
March 25, 2019 Filing 130 OBJECTIONS TO DECLARATION OF ADAM FRIEDENBERG IN SUPPORT OF OPPOSITION OF ALLIED BENEFIT SYSTEMS, INC, TO MOTION FOR CLASS CERTIFICATION re: NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
March 25, 2019 Filing 129 OBJECTIONS TO DECLARATION OF MICHAEL HENRY IN SUPPORT OF OPPOSITION OF ALLIED BENEFIT SYSTEMS, INC, TO MOTION FOR CLASS CERTIFICATION re: NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Defendant Allied Benefit Systems, Inc.. (Muhlestein, Ladell)
March 25, 2019 Filing 128 OPPOSITION to NOTICE OF MOTION AND MOTION to Certify Class #111 OPPOSITION TO MOTION FOR CLASS CERTIFICATION filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Declaration of Steve Savanna in Support of Opposition to Plaintiffs' Motion for Class Certification, #2 Declaration of Rinat Klier-Erlich in Support of Opposition of Allied Benefit Systems, Inc, to Motion for Class Certification)(Attorney Ladell Hulet Muhlestein added to party Allied Benefit Systems, Inc.(pty:dft))(Muhlestein, Ladell)
March 25, 2019 Filing 127 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Declaration of Russell G. Petti, #2 Declaration of Kevin Gallagher)(Petti, Russell)
March 25, 2019 Filing 126 RESPONSE filed by Defendant Allied Benefit Systems, Inc.to Notice (Other) #125 of Plaintiff re NonCompliance with Magistrate Judge's Order of March 15, 2019 (Klier-Erlich, Rinat)
March 25, 2019 Filing 125 NOTICE OF NONCOMPLIANCE WITH MAGISTRATE JUDGE'S ORDER OF MARCH 15, 2019 filed by plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Rapp, Adam)
March 18, 2019 Filing 124 DECLARATION of Russell G. Petti re Order on Motion for Order to Show Cause #110 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Petti, Russell)
March 18, 2019 Filing 123 SEALED DOCUMENT Declaration of Lisa S. Kantor re Order on Motion for Order to Show Cause #110 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers.(Petti, Russell)
March 15, 2019 Opinion or Order Filing 122 MINUTE ORDER (IN CHAMBERS) by Magistrate Judge Karen E. Scott re Order granting Plaintiff's Discovery Motion re Allied's Discovery #113 . (jdo)
March 15, 2019 Filing 121 MINUTES OF TELEPHONIC DISCOVERY CONFERENCE #113 held before Magistrate Judge Karen E. Scott. Court grants Plaintiff's discovery motion. A separate order will be issued. Court Recorder: CS 3/15/19. (jdo)
March 14, 2019 Filing 120 NOTICE OF MOTION AND MOTION for Hearing Discovery Motion and Telephonic Conference re Discovery Dispute filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 3/29/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Eldredge, Jonathan)
March 14, 2019 Filing 119 [LETTER BRIEF filed as] NOTICE OF MOTION AND First MOTION for Protective Order for Depositions filed by Defendant Allied Benefit Systems, Inc.. Motion set for hearing on 3/15/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Klier-Erlich, Rinat) Modified on 3/15/2019 (jdo).
March 14, 2019 Filing 118 Plaintiffs' Brief re Allied's Discovery, and Allied's Motion for Protective Order filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens re: MOTION for Hearing Telephonic Conference re Discovery Dispute #113 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Eldredge, Jonathan)
March 11, 2019 Opinion or Order Filing 117 MINUTES [IN CHAMBERS] ORDER REGARDING DEFENDANT'S EX PARTE APPLICATION (DKT. NO. 115) by Judge Andrew J. Guilford: The Court DENIES Allied's ex parte application to modify the scheduling order and continue the trial. The Court GRANTS Allied's ex parte application to specially set the briefing schedule for Plaintiffs' motion for class certification. (SEE DOCUMENT FOR FURTHER INFORMATION) (es)
March 11, 2019 Filing 116 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Modifying Scheduling Order [Dkt. No. 56], Including Continuing Trial, And For Further Order Specially Setting Briefing Schedule On Plaintffs Motion For Class Certification [Dkt. No. 111] #115 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
March 8, 2019 Filing 115 EX PARTE APPLICATION for Order for Modifying Scheduling Order [Dkt. No. 56], Including Continuing Trial, And For Further Order Specially Setting Briefing Schedule On Plaintffs Motion For Class Certification [Dkt. No. 111] filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Declaration Rinat Klier-Erlich In Support Of Ex Parte Application For Order Modifying Scheduling Order, #2 Declaration Brian Smith In Support Of Ex Parte Application For Order Modifying Scheduling Order, #3 Proposed Order On Ex Parte Application For Order Modifying Scheduling Order) (Smith, Brian)
March 8, 2019 Filing 114 NOTICE of Appearance filed by attorney Brian Thomas Smith on behalf of Defendant Allied Benefit Systems, Inc. (Attorney Brian Thomas Smith added to party Allied Benefit Systems, Inc.(pty:dft))(Smith, Brian)
March 8, 2019 Filing 113 NOTICE OF MOTION AND MOTION for Hearing Telephonic Conference re Discovery Dispute filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 3/15/2019 at 09:30 AM before Magistrate Judge Karen E. Scott. (Eldredge, Jonathan)
March 8, 2019 Filing 112 CORRECTED NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class #111 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
March 7, 2019 Filing 111 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 4/8/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Adam Friedenberg, #2 Exhibits A-C to Declaration of Adam Friedenberg, #3 Declaration of Michael Henry, #4 Exhibits A-D to Declaration of Michael Henry) (Friedenberg, Adam)
March 5, 2019 Opinion or Order Filing 110 AMENDED ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT by Judge Andrew J. Guilford. *See order for details. (es)
March 5, 2019 Filing 109 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica Wynette Rosen counsel for Defendant Allied Benefit Systems, Inc.. Jessica W. Rosen is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant ALLIED BENEFIT SYSTEMS, INC.. (Rosen, Jessica)
March 5, 2019 Filing 108 DECLARATION of ADAM M. RAPP AFTER HEARING IN SUPPORT OF NOTICE OF MOTION AND MOTION for Order to Show Cause re: DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CENTEMPT OF COURT #97 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT)(Rapp, Adam)
March 4, 2019 Filing 107 MINUTES OF Hearing on Plaintiff's Motion for Order to Show Cause Why Defendant Dual Diagnosis Treatment Center, Inc. Should Not Be Held in Contempt #97 held before Judge Andrew J. Guilford: Motion hearing held. The Court hears oral argument from the parties. The Court finds Defendant in contempt regarding certain matters as stated on the record. Plaintiff shall submit a proposed order as discussed on the record. Documents relating to futher briefing on this issue may be filed under seal as discussed on the record. Court Reporter: Miriam Baird. Attorneys for Plaintiff: Adam Rapp; Attorneys for Defendant: Russell Petti, Brian Smith. Courtroom Deputy: Melissa Kunig; Time in Court: 0:20. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku)
February 27, 2019 Filing 106 Amended STIPULATION for Protective Order filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers.(Petti, Russell)
February 19, 2019 Filing 105 MINUTES OF Telephonic Discovery Conference #99 held before Magistrate Judge Karen E. Scott. Case is called. Counsel state their appearances. Court and counsel confer. Court grants Plaintiff's Motion (Dkt. #99 ) as stated on the record. Court Recorder: CS 02/19/19. (sbou)
February 18, 2019 Filing 104 NOTICE OF FILING TRANSCRIPT filed for proceedings 1/3/19 re Transcript #103 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY
February 18, 2019 Filing 103 TRANSCRIPT for proceedings held on 1/3/19. Court Reporter/Electronic Court Recorder: Miriam Baird, phone number mvb11893@aol.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 3/11/2019. Redacted Transcript Deadline set for 3/21/2019. Release of Transcript Restriction set for 5/20/2019. (Baird, Miriam)
February 15, 2019 Filing 102 BRIEF filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. regarding MOTION for Hearing Telephonic Conference re Discovery Dispute #99 . (Petti, Russell)
February 15, 2019 Filing 101 Plaintiffs' Brief re Sovereign's Failure to Respond to Discovery filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens re: MOTION for Hearing Telephonic Conference re Discovery Dispute #99 (Attachments: #1 Exhibits A-H)(Eldredge, Jonathan)
February 15, 2019 Filing 100 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Order to Show Cause re: DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CENTEMPT OF COURT #97 REPLY IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Declaration REPLY DECLARATION OF ADAM M. RAPP IN SUPPORT OF PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT)(Rapp, Adam)
February 13, 2019 Filing 99 NOTICE OF MOTION AND MOTION for Hearing Telephonic Conference re Discovery Dispute filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 2/19/2019 at 01:30 PM before Magistrate Judge Karen E. Scott. (Attachments: #1 Proof of Service)(Eldredge, Jonathan)
February 11, 2019 Filing 98 OPPOSITION to NOTICE OF MOTION AND MOTION for Order to Show Cause re: DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CENTEMPT OF COURT #97 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Declaration of Tomnoy Sharma, #2 Declaration of Russell G. Petti)(Petti, Russell)
February 4, 2019 Filing 97 NOTICE OF MOTION AND MOTION for Order to Show Cause re: DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CENTEMPT OF COURT filed by plaintiffs' Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 3/4/2019 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration DECLARATION OF ADAM M. RAPP IN SUPPORT OF MOTION FORORDER TO SHOW CAUSE, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS' MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANT DUAL DIAGNOSIS TREATMENT CENTER, INC. SHOULD NOT BE HELD IN CONTEMPT OF COURT) (Attorney Adam M Rapp added to party Kassi Nye(pty:pla), Attorney Adam M Rapp added to party Lise Stephens(pty:pla)) (Rapp, Adam)
January 30, 2019 Filing 96 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Keith M Parker has been assigned to serve as Panel Mediator. (mb)
January 25, 2019 Filing 95 DECLARATION of Dr. Tonmoy Sharma re Order on Motion for Preliminary Injunction, #90 filed by Defendant Dual Diagnosis Treatment Center, Inc.. (Petti, Russell)
January 25, 2019 Opinion or Order Filing 94 STIPULATED QUALIFIED PROTECTIVE ORDER FOR DISCLOSURE OF HEALTH INFORMATION; FEDERAL RULE OF CIVIL PROCEDURE 26(c); 45 CODE OF FEDERAL REGULATIONS SECTIONS 164.512(e)(1)(ii) and 164.512(e) (1)(v) by Magistrate Judge Karen E. Scott re Stipulation for Protective Order #93 . (See document for details.) (sbou)
January 24, 2019 Filing 93 STIPULATION for Protective Order filed by defendant Allied Benefit Systems, Inc..(Rosen, Jessica)
January 24, 2019 Filing 92 STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Keith Parker, ADR Services may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. Filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens(Rapp, Adam)
January 18, 2019 Opinion or Order Filing 90 ORDER GRANTING Plaintiffs Motion for Preliminary Injunction #67 by Judge Andrew J. Guilford as follows: Sovereign is enjoined from selling or disposing in any way of any assets to be identified. Unless further cause is shown not such bond. Plaintiffs shall not be required to post a bond or other undertaking. (SEE DOCUMENT FOR FURTHER INFORMATION). (jp)
January 17, 2019 Filing 91 MINUTES OF Telephonic Discovery Conference held before Magistrate Judge Karen E. Scott. Case is called. Counsel state their appearances. Court and counsel confer. Court states its ruling on the record. Mr. Petti shall draft and submit for the Court's approval a stipulated protective order. Court Recorder: CS 01/17/19. (sbou)
January 16, 2019 Filing 89 NOTICE OF MOTION AND MOTION to Supplement re MOTION for Hearing Telephonic Conference re Discovery Dispute #86 filed by defendant Allied Benefit Systems, Inc.. Motion set for hearing on 1/17/2019 at 03:30 PM before Magistrate Judge Karen E. Scott. (Rosen, Jessica)
January 16, 2019 Filing 88 SUPPLEMENT to MOTION for Hearing Telephonic Conference re Discovery Dispute #86 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Eldredge, Jonathan)
January 16, 2019 Filing 87 NOTICE OF MOTION AND MOTION to Supplement Notice of Discovery Motion and Telephonic Conference re MOTION for Hearing Telephonic Conference re Discovery Dispute #86 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. Motion set for hearing on 1/17/2019 at 03:30 PM before Magistrate Judge Karen E. Scott. (Petti, Russell)
January 15, 2019 Filing 86 NOTICE OF MOTION AND MOTION for Hearing Telephonic Conference re Discovery Dispute filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 1/17/2019 at 03:30 PM before Magistrate Judge Karen E. Scott. (Eldredge, Jonathan)
January 14, 2019 Filing 85 NOTICE of Appearance filed by attorney Jonathan Andrew Eldredge on behalf of Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens (Attorney Jonathan Andrew Eldredge added to party Kimberly Cusack-Acocella(pty:pla), Attorney Jonathan Andrew Eldredge added to party Michael Henry(pty:pla), Attorney Jonathan Andrew Eldredge added to party Scott Langer(pty:pla), Attorney Jonathan Andrew Eldredge added to party Kassi Nye(pty:pla), Attorney Jonathan Andrew Eldredge added to party Grace Oudin(pty:pla), Attorney Jonathan Andrew Eldredge added to party Janice Smothers(pty:pla), Attorney Jonathan Andrew Eldredge added to party Lise Stephens(pty:pla))(Eldredge, Jonathan)
January 7, 2019 Filing 84 TRANSCRIPT ORDER as to plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens for Court Reporter. Court will contact Gina Bentley at gbentley@glynnfinley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Rapp, Adam)
January 4, 2019 Opinion or Order Filing 83 ORDER GRANTING STIPULATION TO EXTEND THE TIME TO JANUARY 3, 2019 FOR DEFENDANT ALLIED BENEFIT SYSTEMS, INC. TO ANSWER THE FIRST AMENDED COMPLAINT #80 by Judge Andrew J. Guilford. (es)
January 3, 2019 Filing 82 MINUTES OF MOTION FOR PRELIMINARY INJUNCTION OR, ALTERNATIVELY, WRIT OF ATTACHMENT [DKT 67] Hearing held: Matter is argued and taken under submission. Court Reporter: Miriam Baird. (lb)
January 3, 2019 Filing 81 ANSWER to Amended Complaint/Petition,, #60 filed by Defendant Allied Benefit Systems, Inc..(Rosen, Jessica)
December 28, 2018 Filing 80 Joint STIPULATION for Extension of Time to File Answer to 01/03/2019 re Amended Complaint/Petition,, #60 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Proposed Order)(Korn, Jeffrey)
December 19, 2018 Filing 79 REPLY in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
December 13, 2018 Opinion or Order Filing 78 MINUTES [IN CHAMBERS] ORDER DENYING DEFENDANT'S MOTION TO DISMISS #64 by Judge Andrew J. Guilford: The Court DENIES Allied's Motion. (See order for further details) (es)
December 12, 2018 Filing 77 Opposition in opposition to re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Defendant Dual Diagnosis Treatment Center, Inc.. (Attachments: #1 Declaration of Dr. Tonmoy Sharma, #2 Declaration of Lisa Kantor, #3 Declaration of Glenn Kantor)(Petti, Russell)
December 12, 2018 Opinion or Order Filing 76 MINUTES (IN CHAMBERS) Order re Proposed Stipulated Qualified Protective Order (Dkt. #75 ) by Magistrate Judge Karen E. Scott. The Court declines to enter the Proposed Protective Order, but invites the parties to resubmit a Proposed Protective Order. (See document for further details.) (sbou)
December 7, 2018 Filing 75 STIPULATION for Protective Order filed by Defendant Allied Benefit Systems, Inc..(Korn, Jeffrey)
November 26, 2018 Filing 74 MINUTES OF MOTION OF DEFENDANT ALLIED BENEFITS INCS TO DISMISS AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) [DKT 64] Hearing held: Matter is argued and taken under submission. Court Reporter: Miriam Baird. (lb)
November 21, 2018 Opinion or Order Filing 73 MINUTES (IN CHAMBERS) ORDER REGARDING DEFENDANT'S EX PARTE APPLICATION TO CONTINUE PRELIMINARY INJUNCTION HEARING #71 by Judge Andrew J. Guilford: Given all the circumstances of this case, the Court CONTINUES the hearing on Plaintiffs' Motion for a Preliminary Injunction or Writ of Attachment, currently set for December 17, 2018, to January 3, 2019 at 10:00 AM. Defendant's Opposition to Plaintiffs' Motion is due on December 12, 2018 at 12:00 PM. (hr)
November 20, 2018 Filing 72 OPPOSITION to EX PARTE APPLICATION to Continue the Hearing on Plaintiffs' Motion for a Preliminary Injunction or Writ of Attachment from December 17, 2018 to December 24, 2018 Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze 71 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
November 20, 2018 Filing 71 EX PARTE APPLICATION to Continue the Hearing on Plaintiffs' Motion for a Preliminary Injunction or Writ of Attachment from December 17, 2018 to December 24, 2018 Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Defendant Dual Diagnosis Treatment Center, Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER) (Petti, Russell)
November 16, 2018 Filing 70 DECLARATION of William Reilly in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Friedenberg, Adam)
November 16, 2018 Filing 69 DECLARATION of Michael Henry in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedenberg, Adam)
November 16, 2018 Filing 68 DECLARATION of Adam Friedenberg in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion #67 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Exhibit A, #2 Exhibit B)(Friedenberg, Adam)
November 16, 2018 Filing 67 NOTICE OF MOTION AND MOTION for Preliminary Injunction re Asset Freeze . Motion filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. Motion set for hearing on 12/17/2018 at 10:00 AM before Judge Andrew J. Guilford. (Friedenberg, Adam)
November 9, 2018 Filing 66 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss AMENDED COMPLAINT [DKT. NO. 60] PURSUANT TO F.R.C.P. 12(b)(6) AND REQUEST FOR OTHER APPROPRIATE RELIEF UNDER F.R.C.P. 12; MEMORANDUM OF POINTS AND AUTHORITIES #64 filed by Defendant Allied Benefit Systems, Inc.. (Rosen, Jessica)
November 5, 2018 Filing 65 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss AMENDED COMPLAINT [DKT. NO. 60] PURSUANT TO F.R.C.P. 12(b)(6) AND REQUEST FOR OTHER APPROPRIATE RELIEF UNDER F.R.C.P. 12; MEMORANDUM OF POINTS AND AUTHORITIES #64 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Kassi Nye, Grace Oudin, Janice Smothers, Lise Stephens. (Attachments: #1 Proof of Service)(Friedenberg, Adam)
October 29, 2018 Filing 64 NOTICE OF MOTION AND MOTION to Dismiss AMENDED COMPLAINT [DKT. NO. 60] PURSUANT TO F.R.C.P. 12(b)(6) AND REQUEST FOR OTHER APPROPRIATE RELIEF UNDER F.R.C.P. 12; MEMORANDUM OF POINTS AND AUTHORITIES filed by defendant Allied Benefit Systems, Inc.. Motion set for hearing on 11/26/2018 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order) (Rosen, Jessica)
October 23, 2018 Filing 63 ANSWER to Amended Complaint/Petition,, #60 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers.(Petti, Russell)
October 19, 2018 Opinion or Order Filing 62 ORDER GRANTING STIPULATION TO EXTEND THE TIME TO OCTOBER 29, 2018 FOR DEFENDANT ALLIED BENEFIT SYSTEMS, INC. TO RESPOND TO FIRST AMENDED COMPLAINT #61 by Judge Andrew J. Guilford. (es)
October 17, 2018 Filing 61 First STIPULATION for Extension of Time to File Response to First Amended Complaint filed by defendant Allied Benefit Systems, Inc.. (Attachments: #1 Proposed Order)(Rosen, Jessica)
October 9, 2018 Filing 60 FIRST AMENDED COMPLAINT against Defendants Allied Benefit Systems, Inc., Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers amending Complaint (Attorney Civil Case Opening),, #1 , filed by Plaintiffs Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, Kassi Nye, Lise Stephens (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proof of Service)(Attorney Adam D Friedenberg added to party Kassi Nye(pty:pla), Attorney Adam D Friedenberg added to party Lise Stephens(pty:pla))(Friedenberg, Adam)
October 2, 2018 Opinion or Order Filing 59 SCHEDULING ORDER SPECIFYING PROCEDURES by Judge Andrew J. Guilford. Discovery cut-off 4/16/2019. Final Pretrial Conference set for 7/1/2019 at 8:30 am. Bench Trial set for 7/16/2019 at 9:00 am. (gga)
October 1, 2018 Filing 58 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. Discovery cut-off 4/16/2019. Final Pretrial Conference set for 7/1/2019 at 8:30 am. Bench Trial set for 7/16/2019 at 09:00 am. Court Reporter: Miriam Baird. (gga)
September 18, 2018 Filing 57 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-5 days, filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers.. (Attachments: #1 Proof of Service)(Friedenberg, Adam)
September 10, 2018 Filing 56 MINUTES OF MOTION OF DEFENDANT ALLIED BENEFITS INCS TO DISMISS COMPLAINT PURSUANT TO FRCP 12(b)(6) [DKT 40] Hearing held: Motion argued. Tentative to stand. Court Reporter: Miriam Baird. (lb)
September 10, 2018 Opinion or Order Filing 55 MINUTES [IN CHAMBERS] ORDER GRANTING in part Motion to Dismiss #40 by Judge Andrew J. Guilford: The Court therefore grants Plaintiffs leave to amend. The Court ORDERS Plaintiffs to file their amended complaint, if any, by no later than 10/9/2018. (jp)
August 27, 2018 Filing 54 REPLY IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS COMPLAINT PURSUANT TO F.R.C.P. 12(b)(6) NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P 12(b)(6) #40 filed by Defendant Allied Benefit Systems, Inc.. (Rosen, Jessica)
August 24, 2018 Filing 53 CERTIFICATE of Interested Parties filed by Defendant Dual Diagnosis Treatment Center, Inc., (Petti, Russell)
August 24, 2018 Filing 52 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers.(Petti, Russell)
August 22, 2018 Filing 51 CERTIFICATE of Interested Parties filed by Defendant Tonmoy Sharma, (Petti, Russell)
August 22, 2018 Filing 50 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Tonmoy Sharma.(Petti, Russell)
August 22, 2018 Opinion or Order Filing 49 ORDER GRANTING PLAINTIFFS' MOTION TO VACATE DEADLINE TO FILE MOTION FOR CLASS CERTIFICATION #48 by Judge Andrew J. Guilford, the Court hereby Orders that Plaintiffs' deadline to bring a motion for class certification is stayed until the date of the Scheduling Conference on October 1, 2018 when the deadline will be determined. (es)
August 22, 2018 Filing 48 STIPULATION to Vacate Deadline to File Motion for Class Certification NOTICE OF MOTION AND MOTION to Continue Deadline to File Motion for Class Certification [LR 23-3] from September 10, 2018 #35 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Attachments: #1 Proposed Order)(Friedenberg, Adam)
August 20, 2018 Filing 47 PROOF OF SERVICE filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers, re MEMORANDUM in Opposition to Motion, #45 , Motion Related Document, #46 served on August 20, 2018. (Friedenberg, Adam)
August 20, 2018 Filing 46 PLAINTIFFS' OPPOSITION TO DEFENDANT ALLIED BENEFIT SYSTEMS, INC.'S REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P 12(b)(6) #40 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
August 20, 2018 Filing 45 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P 12(b)(6) #40 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
August 16, 2018 Opinion or Order Filing 44 ORDER SETTING ASIDE DEFAULT #43 by Judge Andrew J. Guilford. Sovereign will have ten days from the Date of this Order to answer Plaintiffs Complaint. (es)
August 15, 2018 Filing 43 STIPULATION to Set Aside Default as to Dual Diagnosis Treatment Center, Inc. filed by Defendants Dual Diagnosis Treatment Center, Inc., Kevin Gallagher, Tonmoy Sharma, David Tessers. (Attachments: #1 Proposed Order Setting Aside Default)(Attorney Russell G Petti added to party Dual Diagnosis Treatment Center, Inc.(pty:dft))(Petti, Russell)
August 9, 2018 Filing 42 CERTIFICATE of Interested Parties filed by defendant Allied Benefit Systems, Inc., identifying Great American Insurance Group. (Rosen, Jessica)
August 9, 2018 Filing 41 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P 12(b)(6) #40 filed by Defendant Allied Benefit Systems, Inc.. (Attachments: #1 Exhibit A)(Rosen, Jessica)
August 9, 2018 Filing 40 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to F.R.C.P 12(b)(6) filed by defendant Allied Benefit Systems, Inc.. Motion set for hearing on 9/10/2018 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Proposed Order) (Rosen, Jessica)
August 9, 2018 Opinion or Order Filing 39 ORDER RE EARLY MEETING OF PARTIES AND SCHEDULING CONFERENCE: Scheduling Conference set for 10/1/2018 at 9:00 am. (lb)
August 8, 2018 Filing 38 CERTIFICATE of Interested Parties filed by Defendant David Tessers, (Petti, Russell)
August 8, 2018 Filing 37 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant David Tessers.(Attorney Russell G Petti added to party David Tessers(pty:dft))(Petti, Russell)
August 7, 2018 Filing 36 STIPULATION Extending Time to Answer the complaint as to Tonmoy Sharma answer now due 8/22/2018, re Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Tonmoy Sharma.(Attorney Russell G Petti added to party Tonmoy Sharma(pty:dft))(Petti, Russell)
August 3, 2018 Filing 35 NOTICE OF MOTION AND MOTION to Continue Deadline to File Motion for Class Certification [LR 23-3] from September 10, 2018 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. Motion set for hearing on 9/10/2018 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: #1 Declaration of Adam Friedenberg, #2 Proposed Order, #3 Proof of Service) (Friedenberg, Adam)
August 3, 2018 Filing 34 CERTIFICATE of Interested Parties filed by Defendant Kevin Gallagher, (Petti, Russell)
August 3, 2018 Filing 33 ANSWER to Complaint (Attorney Civil Case Opening),, #1 filed by Defendant Kevin Gallagher.(Attorney Russell G Petti added to party Kevin Gallagher(pty:dft))(Petti, Russell)
July 24, 2018 Filing 32 PROOF OF SERVICE Executed by Plaintiff Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, upon Defendant Tonmoy Sharma served on 7/18/2018, answer due 8/8/2018. Service of the Summons and Complaint were executed upon Tonmoy Sharma, an Individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Friedenberg, Adam)
July 13, 2018 Filing 31 PROOF OF SERVICE filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers, re Clerks Entry of Default (CV-37) - optional html form #30 served on July 13, 2018. (Friedenberg, Adam)
July 12, 2018 Filing 30 *SET ASIDE PER ORDER #44 ** DEFAULT BY CLERK F.R.Civ.P.55(a) as to Dual Diagnosis Treatment Center, Inc (es) Modified on 8/16/2018 (es).
July 11, 2018 Filing 29 REQUEST for Clerk to Enter Default against Defendant Dual Diagnosis Treatment Center, Inc. filed by Plaintiffs Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin. (Attachments: #1 Declaration of Adam Friedenberg, #2 Proof of Service) (Friedenberg, Adam)
June 28, 2018 Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Jessica Wynette Rosen counsel for Defendant Allied Benefit Systems, Inc.. Adding Jessica W. Rosen as counsel of record for Defendant ALLIED BENEFIT SYSTEMS, INC. for the reason indicated in the G-123 Notice. Filed by defendant ALLIED BENEFIT SYSTEMS, INC.. (Attorney Jessica Wynette Rosen added to party Allied Benefit Systems, Inc.(pty:dft))(Rosen, Jessica)
June 28, 2018 Filing 27 STIPULATION Extending Time to Answer the complaint as to Allied Benefit Systems, Inc. answer now due 8/9/2018, re Complaint (Attorney Civil Case Opening),, #1 filed by defendant Allied Benefit Systems, Inc..(Attorney Rinat Klier-Erlich added to party Allied Benefit Systems, Inc.(pty:dft))(Klier-Erlich, Rinat)
June 28, 2018 Filing 26 PROOF OF SERVICE Executed by Plaintiff Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, upon Defendant Allied Benefit Systems, Inc. served on 6/19/2018, answer due 7/10/2018. Service of the Summons and Complaint were executed upon Mitchell D. Wilneff, Agent for Service in compliance with Federal Rules of Civil Procedure by substituted service on a domestic corporation, unincorporated association, or public entity and by also mailing a copy.Original Summons NOT returned. (Friedenberg, Adam)
June 19, 2018 Filing 25 PROOF OF SERVICE Executed by Plaintiff Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, upon Defendant Kevin Gallagher served on 6/15/2018, answer due 7/6/2018. Service of the Summons and Complaint were executed upon Kevin Gallagher, an Individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Friedenberg, Adam)
June 19, 2018 Filing 24 PROOF OF SERVICE Executed by Plaintiff Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, upon Defendant David Tessers served on 6/15/2018, answer due 7/6/2018. Service of the Summons and Complaint were executed upon David Tessers, an Individual in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Friedenberg, Adam)
June 18, 2018 Filing 23 PROOF OF SERVICE Executed by Plaintiff Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin, upon Defendant Dual Diagnosis Treatment Center, Inc. served on 6/12/2018, answer due 7/3/2018. Service of the Summons and Complaint were executed upon CSC-Lawyers Incorporating Srvc., Agent for Service, Corporation Services Company, By Leaving with Becky DeGeorge, Authorized Agent in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Friedenberg, Adam)
June 8, 2018 Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Allied Benefit Systems, Inc. (et)
June 8, 2018 Filing 21 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant David Tessers. (et)
June 8, 2018 Filing 20 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Kevin Gallagher. (et)
June 8, 2018 Filing 19 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Tonmoy Sharma. (et)
June 8, 2018 Filing 18 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Dual Diagnosis Treatment Center, Inc. (et)
June 8, 2018 Filing 17 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 8, 2018 Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 8, 2018 Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 8, 2018 Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 8, 2018 Filing 13 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 8, 2018 Filing 12 NOTICE of Interested Parties filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers, (Friedenberg, Adam)
June 8, 2018 Filing 11 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 , Summons Request #5 , Summons Request #7 , Summons Request #6 , Summons Request #3 . The following error(s) was found: The name and address of the attorney for plaintiff(s)must be entered in the appropriate field. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et)
June 8, 2018 Filing 10 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening) #1 . The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (et)
June 8, 2018 Filing 9 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
June 8, 2018 Filing 8 NOTICE OF ASSIGNMENT to District Judge Andrew J. Guilford and Magistrate Judge Karen E. Scott. (et)
June 7, 2018 Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 7, 2018 Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 7, 2018 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 7, 2018 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 7, 2018 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Grace Oudin, Janice Smothers. (Friedenberg, Adam)
June 7, 2018 Filing 2 CIVIL COVER SHEET filed by Plaintiffs Kimberly Cusack-Acocella, Michael Henry, Scott Langer, Janice Smothers, Movant Grace Oudin. (Friedenberg, Adam)
June 7, 2018 Filing 1 COMPLAINT Receipt No: 0973-21888593 - Fee: $400, filed by Plaintiffs Michael Henry, Scott Langer, Kimberly Cusack-Acocella, Janice Smothers, Grace Oudin. (Attorney Adam D Friedenberg added to party Kimberly Cusack-Acocella(pty:pla), Attorney Adam D Friedenberg added to party Michael Henry(pty:pla), Attorney Adam D Friedenberg added to party Scott Langer(pty:pla), Attorney Adam D Friedenberg added to party Grace Oudin(pty:bkmov), Attorney Adam D Friedenberg added to party Janice Smothers(pty:pla))(Friedenberg, Adam)

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Search for this case: Kimberly Cusack-Acocella et al v. Dual Diagnosis Treatment Center, Inc. et al
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Plaintiff: Scott Langer
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
Represented By: William B Reilly
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Plaintiff: Janice Smothers
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
Represented By: William B Reilly
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Plaintiff: Grace Oudin
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
Represented By: William B Reilly
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Plaintiff: Michael Henry
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
Represented By: William B Reilly
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Plaintiff: Kimberly Cusack-Acocella
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
Represented By: William B Reilly
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Plaintiff: Kassi Nye
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
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Plaintiff: Lise Stephens
Represented By: Adam D Friedenberg
Represented By: Jonathan Andrew Eldredge
Represented By: Adam M Rapp
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Defendant: Tonmoy Sharma
Represented By: Russell G Petti
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Defendant: David Tessers
Represented By: Russell G Petti
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Defendant: Allied Benefit Systems, Inc.
Represented By: Jeffrey W Korn
Represented By: Rinat Klier-Erlich
Represented By: Jessica Wynette Rosen
Represented By: Brian Thomas Smith
Represented By: Ladell Hulet Muhlestein
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Defendant: Kevin Gallagher
Represented By: Russell G Petti
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Defendant: Dual Diagnosis Treatment Center, Inc.
Represented By: Russell G Petti
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Defendant: Dual Diagnosis Treatment Center, Inc. a California corporation doing business as Sovereign Health
Represented By: Russell G Petti
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Interested party: Great American Insurance Group
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Alternative dispute resolution (adr) provider: Keith M Parker
Represented By: Keith M Parker
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