Jane Doe et al v. Xavier Becerra et al
| Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc. and Stephen Albright |
| Xavier Becerra, Shelly Rouillard, Susan Fanelli, Ricardo Lara and Sonia Angel |
| California State Conference of the National Association for the Advancement of Colored People |
| 8:2019cv02105 |
| November 1, 2019 |
| US District Court for the Central District of California |
| David O Carter |
| Autumn D Spaeth |
| Constitutional - State Statute |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on March 6, 2020. A more recent docket listing may be available from PACER.
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| Filing 58 MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING MOTIONS FOR PRELIMINARY INJUNCTION #28 /30]. For the reasons set forth above, the Court GRANTS Plaintiffs Motions for a Preliminary Injunction. AB 290, in its entirety, shall not come into effect pending the resolution of this litigation. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) |
| Filing 57 DECLARATION of Daphne Hunt re Response in Opposition to Motion, #46 filed by Defendants Sonia Angel, Xavier Becerra, Ricardo Lara, Shelly Rouillard. (Medley, Amie) |
| Filing 56 MINUTES OF Hearing on Plaintiffs Motion for Preliminary Injunction #28 held before Judge David O. Carter: Motion hearing held. The Court hears oral argument from the parties. The Court takes the Motion under submission. Order to issue. The Court will contact the parties if it has any additional follow-up questions. Court Reporter: Debbie Gale/Courtsmart. Attorneys for Plaintiff: Joseph Akrotirianakis, Bobby Burchfield Attorneys for Defendant: Amie Medley. Courtroom Deputy: Melissa Kunig; Time in Court: 1:15. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. TEXT ONLY ENTRY. (mku) |
| Filing 55 NOTICE OF APPEARANCE of California Attorney General Office Amie L. Medley on behalf of Defendant Xavier Becerra, Susan Fanelli, Ricardo Lara, Shelly Rouillard. (Attorney Mark R Beckington added to party Xavier Becerra(pty:dft), Attorney Mark R Beckington added to party Susan Fanelli(pty:dft), Attorney Mark R Beckington added to party Ricardo Lara(pty:dft), Attorney Mark R Beckington added to party Shelly Rouillard(pty:dft))(Beckington, Mark) |
| Filing 54 PLAINTIFFS MEMORANDUM IN RESPONSE TO THE COURTS QUESTIONING AT THE DECEMBER 16, 2019 HEARING filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc. re: Motion Hearing,,, Set/Reset Motion Hearing and R&R Deadlines,, 53 (Attachments: #1 Declaration [SUPPLEMENTAL] of Donald J. Roy, Jr., in Support of Motion for Preliminary Injunction [Exhibits A-E])(Akrotirianakis, Joseph) |
| Filing 53 MINUTES OF Motion Hearing re Plaintiff's Motion for Preliminary Injunction #28 held before Judge David O. Carter: Held and continued. Motion Hearing continued to 12/18/2019 @ 5:00 PM before Judge David O. Carter. Court Reporter: Debbie Gale; Courtroom Deputy: Deborah Lewman; Plaintiff Attorney: Bobby R. Burchfield, Joseph N. Akrotirianakis; Defendant Attorney: Amie L. Medley, Mark Beckington; Time in Court: 1:52. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dgo) TEXT ONLY ENTRY (dgo) |
Filing 52
ORDER by Judge David O. Carter, Granting Stipulation to Substitute Defendant #48 . Sonia Angel added. Susan Fanelli (in her Official Capacity as Acting Director of the California Department of Public Health) terminated. (twdb)
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| Filing 51 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 [SUPPLEMENTAL] AND DECLARATION OF JOSEPH N. AKROTIRIANAKIS WITH EXHIBITS 4-10 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc.. (Attachments: #1 Proposed Order Granting Plaintiffs' Supplemental Request for Judicial Notice in Support of Motion for Preliminary Injunction)(Akrotirianakis, Joseph) |
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Filing 50
ORDER by Judge David O. Carter, Granting Stipulation for Extension of Time to File Response/Reply, #47 . Defendants response to the initial complaint shall be filed on or before January 3, 2020; SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 49 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc.. (Attachments: #1 Declaration of Donald J. Roy Jr. in Support of Motion for Preliminary Injunction, #2 Exhibit A-C to the Declaration of of Donald J. Roy Jr. in Support of Motion for Preliminary Injunction)(Akrotirianakis, Joseph) |
| Filing 48 STIPULATION for Order GRANTING STIPULATED REQUEST TO SUBSTITUTE DEFENDANT filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc.. (Attachments: #1 Proposed Order Granting Stipulated Request)(Akrotirianakis, Joseph) |
| Filing 47 STIPULATION for Extension of Time to File Respone filed by Defendant Xavier Becerra, Susan Fanelli, Ricardo Lara, Shelly Rouillard. (Attachments: #1 Proposed Order [Proposed] Order Granting Stipulated Request to Extend Time to Respond to Initial Complaint)(Medley, Amie) |
| Filing 46 OPPOSITION to NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 filed by Defendants Xavier Becerra, Susan Fanelli, Ricardo Lara, Shelly Rouillard. (Attachments: #1 Declaration, #2 Exhibit Defendants Request For Judicial Notice In Opposition To Motion For Preliminary Injunction)(Medley, Amie) |
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Filing 45
ORDER GRANTING STIPULATION TO CONTINUE HEARING ON MOTION FOR PRELIMINARY INJUNCTION #42 by Judge David O. Carter, it is hereby ordered: 1. The hearing date for Plaintiffs Motion for Preliminary Injunction shall be held December 16, 2019, at 8:30 a.m.; 2. Defendants' opposition to the Plaintiffs' Motion for Preliminary Injunction shall be filed on or before November 25, 2019; 3. Plaintiffs' reply papers may be filed on or before December 2, 2019. (es)
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| Filing 44 Amicus Brief filed by Amicus California State Conference of the National Association for the Advancement of Colored People in Support of Motion for Preliminary Injunction. Re: Order on Motion to File Amicus Brief #43 . (twdb) |
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Filing 43
ORDER by Judge David O. Carter: Granting #41 MOTION to File Amicus Brief on Behalf of California State Conference of the National Association for the Advancement of Colored People in Support of Motion for Preliminary Injunction. (twdb)
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| Filing 42 STIPULATION to Continue Hearing on Motion for Preliminary Injunction from December 9, 2019 to December 16, 2019 filed by Defendants Xavier Becerra, Susan Fanelli, Ricardo Lara, Shelly Rouillard. (Attachments: #1 Proposed Order)(Attorney Amie L Medley added to party Xavier Becerra(pty:dft), Attorney Amie L Medley added to party Susan Fanelli(pty:dft), Attorney Amie L Medley added to party Ricardo Lara(pty:dft), Attorney Amie L Medley added to party Shelly Rouillard(pty:dft))(Medley, Amie) |
| Filing 41 NOTICE OF MOTION AND MOTION to File Amicus Brief filed by Non-Party As Amicus Curiae California State Conference of the National Association for the Advancement of Colored People. Motion set for hearing on 12/9/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Exhibit A - Amicus Brief, #2 Proposed Order Granting Leave to File Amicus Brief) (Attorney David L Schrader added to party California State Conference of the National Association for the Advancement of Colored People(pty:am)) (Schrader, David) |
| Filing 40 PROOF OF SERVICE filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe, re Request for Judicial Notice,, #29 , APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal #26 , NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 [Susan Fanelli - California Department of Public Health served on 11/08/2019. (Akrotirianakis, Joseph) |
| Filing 39 PROOF OF SERVICE filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe, re Request for Judicial Notice,, #29 , APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal #26 , NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 Shelly Rouillard - Department of Managed Healthcare served on 11/08/2019. (Akrotirianakis, Joseph) |
| Filing 38 PROOF OF SERVICE filed by Plaintiff Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe, re Request for Judicial Notice,, #29 , APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal #26 , NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 [Ricardo Lara-California Insurance Commissioner served on 11/08/2019. (Akrotirianakis, Joseph) |
| Filing 37 PROOF OF SERVICE filed by Plaintiff Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe, re Request for Judicial Notice,, #29 , APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal #26 , NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 [Xavier Becerra-Office of The Attorney General served on 11/08/2019. (Akrotirianakis, Joseph) |
| Filing 36 PROOF OF SERVICE Executed by Plaintiff Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc., Stephen Albright, upon Defendant Susan Fanelli served on 11/7/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon MARY BOOTHE, LEGAL in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Akrotirianakis, Joseph) |
| Filing 35 PROOF OF SERVICE Executed by Plaintiff Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc., Stephen Albright, upon Defendant Shelly Rouillard served on 11/7/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon TOM MOUNT, STAFF in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Akrotirianakis, Joseph) |
| Filing 34 PROOF OF SERVICE Executed by Plaintiff Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc., Stephen Albright, upon Defendant Ricardo Lara served on 11/7/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon CHOU LOR, LEGAL in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Akrotirianakis, Joseph) |
| Filing 33 PROOF OF SERVICE Executed by Plaintiff Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc., Stephen Albright, upon Defendant Xavier Becerra served on 11/7/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon B. Silkwood, Officer in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Akrotirianakis, Joseph) |
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Filing 32
ORDER GRANTING PLAINTIFF JANE DOE'S APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE DECLARATION UNDER SEAL #19 by Judge David O. Carter. It is further ORDERED, nunc pro tunc to November 5, 2019, that the Clerk of the Court is directed to accept for filing under seal the following document Declaration of Plaintiff [Jane Doe] in Support of Motion to Proceed Under the Pseudonym "Jane Doe" (es)
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Filing 31
ORDER GRANTING PLAINTIFF JANE DOE'S APPLICATION FOR AN ORDER GRANTING LEAVE TO FILE DECLARATION UNDER SEAL by Judge David O. Carter #26 . It is further ORDERED, nunc pro tunc to November 8, 2019, that the Clerk of the Court is directed to accept for filing under seal the following document: SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 30
ORDER DIRECTING PLAINTIFF JANE DOE TO BE REFERENCED BY A PSEUDONYM by Judge David O. Carter #21 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion #28 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Attachments: #1 Declaration of Joseph N. Akrotirianakis, #2 Exhibit 1-3 to the Declaration of of Joseph N. Akrotirianakis, #3 Proposed Order Granting Plaintiffs' Request for Judicial Notice In Support of Motion for Preliminary Injunction)(Akrotirianakis, Joseph) |
| Filing 28 NOTICE OF MOTION AND MOTION for Preliminary Injunction . Motion filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. Motion set for hearing on 12/9/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of Hrant Jamgochian, #2 Declaration of LaVarne Burton, #3 Declaration of Stephen Albright, #4 Proposed Order Granting Plaintiffs' Notice of Motion and Motion for Preliminary Injunction) (Akrotirianakis, Joseph) |
| Filing 27 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal #26 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe.(Akrotirianakis, Joseph) |
| Filing 26 APPLICATION to file document Plaintiff Jane Doe's Application for an Order Granting Leave to File Declaration Under Seal under seal filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Attachments: #1 Declaration of Joseph N. Akrotirianakis, #2 Redacted Document Declaration of Jane Doe, #3 Proposed Order Granting Plaintiff Jane Doe's Application for an Order to File Declaration Under Seal)(Akrotirianakis, Joseph) |
| Filing 25 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Xavier Becerra. (twdb) |
| Filing 24 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Ricardo Lara. (twdb) |
| Filing 23 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Susan Fanelli. (twdb) |
| Filing 22 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to defendant Shelly Rouillard. (twdb) |
| Filing 21 NOTICE OF MOTION AND MOTION to Proceed under a Pseudonym in this action filed by Plaintiff Jane Doe. Motion set for hearing on 12/9/2019 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Redacted Document, #2 Proposed Order) (Akrotirianakis, Joseph) |
| Filing 20 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Declaration under seal #19 filed by Plaintiff Jane Doe.(Akrotirianakis, Joseph) |
| Filing 19 APPLICATION to file document Declaration under seal filed by Plaintiff Jane Doe. (Attachments: #1 Declaration of Joseph N. Akrotiriankis, #2 Proposed Order, #3 Redacted Document)(Akrotirianakis, Joseph) |
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Filing 18
ORDER by Judge David O. Carter: Granting #9 Non-Resident Attorney Bobby R. Burchfield APPLICATION to Appear Pro Hac Vice on behalf of JANE DOE, STEPHEN ALBRIGHT, AMERICAN KIDNEY FUND, INC., and DIALYSIS PATIENT CITIZENS, INC. Plaintiff, designating Joseph N. Akrotirianakis as local counsel. (twdb)
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| Filing 17 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 16 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 15 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 14 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
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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 DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 , Summons Request #8 , Summons Request #6 , Summons Request #7 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) |
| Filing 11 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 10 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Autumn D. Spaeth. (car) |
| Filing 9 APPLICATION of Non-Resident Attorney Bobby R. Burchfield to Appear Pro Hac Vice on behalf of Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24714871) filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Attachments: #1 Proposed Order) (Akrotirianakis, Joseph) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 7 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 6 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),, #1 filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT of Dialysis Patient Citizens, Inc. and Notice of Interested Parties filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe (Akrotirianakis, Joseph) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT American Kidney Fund, Inc. and Notice of Interested Parties filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe identifying American Kidney Fund, Inc. as Corporate Parent. (Akrotirianakis, Joseph) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs Stephen Albright, American Kidney Fund, Inc., Dialysis Patient Citizens, Inc., Jane Doe. (Akrotirianakis, Joseph) |
| Filing 1 COMPLAINT Receipt No: 0973-24714228 - Fee: $400, filed by Plaintiff Jane Doe, Dialysis Patient Citizens, Inc., American Kidney Fund, Inc., Stephen Albright. (Attorney Joseph N Akrotirianakis added to party Stephen Albright(pty:pla), Attorney Joseph N Akrotirianakis added to party American Kidney Fund, Inc.(pty:pla), Attorney Joseph N Akrotirianakis added to party Dialysis Patient Citizens, Inc.(pty:pla), Attorney Joseph N Akrotirianakis added to party Jane Doe(pty:pla))(Akrotirianakis, Joseph) |
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