Health Net Life Insurance Company v. ABC Services Group, Inc. et al
| Health Net Life Insurance Company |
| Raymond Yates, Morningside Recovery, LLC, ABC Services Group, Inc. and DOES 1 through 25, inclusive |
| 8:2019cv01342 |
| July 8, 2019 |
| US District Court for the Central District of California |
| David O Carter |
| Douglas F McCormick |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 44 TRANSMITTAL of documents to Orange County Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Orange County Superior Court. (twdb) |
| Filing 43 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS MOTION TO REMAND AND FOR ATTORNEYS FEES AND COSTS #20 , AND DENYING AS MOOT DEFENDANTS MOTION TO DISMISS #19 . For the reasons set forth above, the Court REMANDS this action to the Superior Court of California, County of Orange, and DENIES Plaintiffs request for attorneys fees and costs. As the case is now remanded, the Court also DENIES AS MOOT Defendants Motion to Dismiss. MD JS-6. Case Terminated. (twdb) |
| Filing 42 MINUTES OF Scheduling Conference held before Judge David O. Carter. The Court resets all pending motions to 11/18/19 at 8:30 a.m. Counsel waive oral argument. The Court takes the motions UNDER SUBMISSION. Case number SA CV 19-0243-DOC (DFMx) shall be consolidated with case numbers SA CV 19-0317-DOC (DFMx), SA CV 19-0530-DOC (DFMx), SA CV 19-0531-DOC (DFMx), SA CV 19-0677-DOC (DFMx), SA CV 19-0776-DOC (DFMx), SA CV 19-0777-DOC (DFMx), SA CV 19-0789-DOC (DFMx), SA CV 19-0803-DOC (DFMx), SA CV 19-0804-DOC (DFMx), SA CV 19-1000-DOC (DFMx), SA CV 19-1011-DOC (DFMx). Case number SA CV 19-1342- DOC (DFMx) shall not be consolidated. Fact Discovery cut-off 6/1/2020. Motions due by 8/3/2020 at 8:30 a.m. Final Pretrial Conference set for 9/14/2020 at 08:30 AM before Judge David O. Carter. Bench Trial set for 10/6/2020 at 08:30 AM before Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Debbie Gale. (twdb) |
| Filing 41 Notice of Appearance or Withdrawal of Counsel: for attorney John M LeBlanc counsel for Plaintiff Health Net Life Insurance Company. Adding Samuel A. Canales as counsel of record for Health Net Life Insurance Company for the reason indicated in the G-123 Notice. Filed by Plaintiff Health Net Life Insurance Company. (LeBlanc, John) |
| Filing 40 NOTICE of Change of Lead Counsel changing lead counsel from T. Mark Tubis to Craig B. Garner. filed by Defendants Morningside Recovery, LLC and ABC Services Group, Inc. ABC Services Group, Inc., DOES, Morningside Recovery, LLC, (Garner, Craig) |
| Filing 39 NOTICE of Change of Attorney Business or Contact Information: for attorney Franklin Joseph Contreras, Jr counsel for Defendant Raymond Yates. Changing firm name to Shulman Bastian LLP. Changing email to fcontreras@shulmanbastian.com. Filed by Defendant Raymond Yates. (Contreras, Franklin) |
| Filing 38 JOINDER in NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Dismiss Case #19 Notice of Joinder in Reply Memorandum of Points and Authorities in Support of Motion to Dismiss and Reply Declaration of Craig B. Garner in Support of Defendants' Motion to Dismiss Complaint filed by Defendant Raymond Yates. (Contreras, Franklin) |
| Filing 37 REPLY support NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendants ABC Services Group, Inc., DOES, Morningside Recovery, LLC. (Attachments: #1 Declaration)(Garner, Craig) |
| Filing 36 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14 days, filed by Plaintiff Health Net Life Insurance Company.. (Hernandez, Ileana) |
| Filing 35 REPLY supporting NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 and for Attorneys' Fees and Costs filed by Plaintiff Health Net Life Insurance Company. (Hernandez, Ileana) |
| Filing 34 DECLARATION of Craig B. Garner Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 filed by Defendants ABC Services Group, Inc., DOES, Morningside Recovery, LLC. (Garner, Craig) |
| Filing 33 Notice of Appearance or Withdrawal of Counsel: for attorney Craig B Garner counsel for Defendant ABC Services Group, Inc.. Adding Penelope M. Deihl as counsel of record for ABC Services Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant ABC Services Group, Inc.. (Garner, Craig) |
Filing 32
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: RESCHEDULING SCHEDULING CONFERENCES AND PENDING MOTIONS TO OCTOBER 18, 2019 AT 8:30 AM AND SETTING A STATUS CONFERENCE FOR OCTOBER 18, AT 8:30 AM. The Scheduling Conferences and any pending motions in the above cases will be reset to October 18, 2019, at 8:30 a.m. The Court sets a Status Conference for SA CV 19-0531-DOC (DFMx) for October 18, 2019 at 8:30 a.m. The Court requests the presence of Robert OBrien as Special Master in SA CV 19-0531-DOC (DFMx) ABC Services Group, Inc. v United Healthcare Services, et al. (twdb)
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| Filing 31 JOINDER in NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 Notice of Joinder in Morningside Recovery, LLC's and ABC Services Group, Inc.'s Memorandum of Points and Authorities in Opposition to Plaintiff's Motion to Remand and for Attorneys' Fees and Costs filed by Defendant Raymond Yates. (Contreras, Franklin) |
| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 filed by Defendants ABC Services Group, Inc., DOES, Morningside Recovery, LLC. (Attachments: #1 Declaration, #2 Proposed Order)(Garner, Craig) |
| Filing 29 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Plaintiff Health Net Life Insurance Company. (Attachments: #1 Declaration of Ileana M. Hernandez in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss, #2 Plaintiff's Opposition to Defendants' Request for Judicial Notice in Support of Motion to Dismiss, #3 Proposed Order Denying Defendants' Motion to Dismiss)(Hernandez, Ileana) |
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Filing 28
ORDER by Judge David O. Carter: Denying #25 EX PARTE APPLICATION to Advance the Hearing on its Motion to Remand and for Attorneys' fees and costs. DENIED BY ORDER OF THE COURT. (twdb)
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| Filing 27 NOTICE Notice of Joinder in Opposition filed by Defendant Raymond Yates. Defendant, Raymond Yates' Notice of Joinder in Defendants, Morningside Recovery LLC's and ABC Services Group, Inc.'s Memorandum of Points and Authorities in Opposition to Ex Parte Application to Advance the Hearing on Motion to Remand (Contreras, Franklin) |
| Filing 26 MEMORANDUM in Opposition to EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 Plaintiff Health Net Life Insurance Company's Notice of Ex Parte Application and Ex Parte Application #25 filed by Defendants ABC Services Group, Inc., DOES, Morningside Recovery, LLC. (Garner, Craig) |
| Filing 25 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 Plaintiff Health Net Life Insurance Company's Notice of Ex Parte Application and Ex Parte Application to Advance the Hearing on its Motion to Remand and for Attorneys' Fees and Costs; Memorandum of Points and Authorities in Support Thereof filed by Plaintiff Health Net Life Insurance Company. (Attachments: #1 Declaration of Craig S. Bloomgarden, #2 Proposed Order) (Bloomgarden, Craig) |
| Filing 24 NOTICE Notice of Joinder in Motion to Dismiss filed by Defendant Raymond Yates. Yates' Notice of Joinder in Motion to Dismiss brought by Morningside Recovery, LLC and ABC Services Group (Contreras, Franklin) |
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Filing 23
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: RESCHEDULING SCHEDULING CONFERENCES AND PENDING MOTIONS TO OCTOBER 7, 2019 AT 8:30 AM AND SETTING A STATUS CONFERENCE FOR OCTOBER 7, AT 8:30 AM. The Scheduling Conferences and any pending motions in the above cases will be reset to 10/7/2019 at 08:30 AM before Judge David O. Carter. The Court sets a Status Conference for SA CV 19-0531-DOC (DFMx) for October 7, 2019 at 8:30 a.m. The Court requests the presence of Robert OBrien as Special Master in SA CV 19-0531-DOC (DFMx) ABC Services Group, Inc. v United Healthcare Services, et al. (twdb)
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| Filing 22 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Health Net Life Insurance Company identifying Centene Corporation as Corporate Parent. (Bloomgarden, Craig) |
| Filing 21 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Health Net Life Insurance Company, (Bloomgarden, Craig) |
| Filing 20 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiff Health Net Life Insurance Company. Motion set for hearing on 8/19/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Craig S. Bloomgarden in Support of Plaintiff's Motion to Remand, #2 Proposed Order Granting Plaintiff's Motion to Remand) (Bloomgarden, Craig) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Complaint , NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants ABC Services Group, Inc., DOES, Morningside Recovery, LLC. Motion set for hearing on 8/19/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Motion to Dismiss, #2 Memorandum of Points and Authorities, #3 Declaration of Craig B. Garner, #4 Request for Judicial Notice, #5 Proposed Order) (Garner, Craig) |
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Filing 18
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 9/30/2019 @ 8:30 AM before Judge David O. Carter. (dgo)
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| Filing 17 Joint STIPULATION for Extension of Time to File Response to Complaint by Not More than 30 Days as to Complaint - (Discovery) filed by Morningside Recovery, LLC and ABC Services Group, Inc. ABC Services Group, Inc..(Garner, Craig) |
| Filing 16 NOTICE NOTICE OF INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER filed by Defendants Morningside and ABC ABC Services Group, Inc.. (Garner, Craig) |
| Filing 15 NOTICE Notice of Joinder in Notice of Removal filed by Defendant Raymond Yates. (Contreras, Franklin) |
| Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Removal (Attorney Civil Case Opening), #12 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice. 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. (twdb) |
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Filing 13
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
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| Filing 12 [NOTICE OF JOINDER FILED AS] NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01077510 Receipt No: 0973-24061834 - Fee: $400, filed by Defendant Raymond Yates. (Attorney Franklin Joseph Contreras, Jr added to party Raymond Yates(pty:dft))(Contreras, Franklin) Modified on 7/11/2019 (twdb). |
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Filing 11
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:19-cv-00243 DOC(DFMx). Case transferred from Judge James V. Selna to Judge David O. Carter for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-01342 DOC(DFMx). Signed by Judge David O. Carter (rn)
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| Filing 10 Notice of Appearance or Withdrawal of Counsel: for attorney Craig B Garner counsel for Defendant ABC Services Group, Inc.. Adding Rochelle J. Bioteau as counsel of record for Defendants Morningside Recovery, LLC and ABC Services Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants Morningside Recovery, LLC and ABC Services Group, Inc.. (Garner, Craig) |
| Filing 9 DECLARATION OF SERVICE filed by Defendants Morningside and ABC ABC Services Group, Inc., re Notice of Removal (Attorney Civil Case Opening), #1 served on July 10, 2019. (Garner, Craig) |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Douglas F. McCormick. (jtil) |
| Filing 6 NOTICE of Related Case(s) filed by Defendants ABC Services Group, Inc., Morningside Recovery, LLC. Related Case(s): 8:19-cv-00243-DOC-DFM, 8:19-cv-01011-DOC-DFM, 8:19-cv-01000-DOC-DFM, 8:19-cv-00776-DOC-DFM, 8:19-cv-00777-DOC-DFM 8:19-cv-00317-DOC-DFM 8:19-cv-00789-DOC-DFM 8:19-cv-00677-DOC-DFM, 8:19-cv-00530-DOC-DFM 8:19-cv-00531-DOC-DFM, 8:19-cv-00803-DOC-DFM and 8:19-cv-00804-DOC-DFM (Garner, Craig) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Health Net Life Insurance Company in Orange County Superior Court on 6/17/2019, attached to Notice of Removal. (jtil) |
| Filing 5 CIVIL COVER SHEET filed by Defendants ABC Services Group, Inc., Morningside Recovery, LLC. (Garner, Craig) |
| Filing 4 Certification and NOTICE of Interested Parties filed by Defendants ABC Services Group, Inc., Morningside Recovery, LLC, (Attorney Craig B Garner added to party Morningside Recovery, LLC(pty:dft))(Garner, Craig) |
| Filing 3 APPENDIX filed by Defendants ABC Services Group, Inc., Morningside Recovery, LLC. Re: Notice of Removal (Attorney Civil Case Opening), #1 (Garner, Craig) |
| Filing 2 DECLARATION of Craig B. Garner re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants ABC Services Group, Inc., Morningside Recovery, LLC. (Garner, Craig) |
| Filing 1 NOTICE OF REMOVAL from California Superior Court, County of Orange, case number 30-2019-01077510-CU-BT-CJC Receipt No: 0973-24048058 - Fee: $400, filed by Defendants ABC Services Group, Inc.. (Attachments: #1 summons, #2 complaint, #3 notice of related case, #4 notice of assignment, #5 notice of reassignment) (Attorney Craig B Garner added to party ABC Services Group, Inc.(pty:dft))(Garner, Craig) |
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