R. Fellen, Inc. et al v. RehabCare Group, Inc. et al
| R. Fellen, Inc. a California corporation Doing business as Sunnyside Convalescent Hospital and Dakota Medical, Inc. a California corporation Doing business as Glenoaks Convalescent Hospital |
| RehabCare Group, Inc. and Cannon & Associates, LLC a Delaware limited liability corporation Doing business as Polaris Group |
| Scott Zimmermann |
| 1:2014cv02081 |
| December 29, 2014 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Dale A Drozd |
| Barbara A McAuliffe |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Both |
Docket Report
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This docket was last retrieved on February 22, 2024. A more recent docket listing may be available from PACER.
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Filing 235
STATUS REPORT by Dakota Medical, Inc.. (Attachments: #1 Declaration of Kenneth Jue)(Cordero, Charles)
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Filing 234
ORDER GRANTING Plaintiff's #232 Motion for Approval of Additional Class Distributions signed by District Judge Dale A. Drozd on 12/07/2021. (Flores, E)
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Filing 233
MINUTE ORDER signed by District Judge Dale A. Drozd on 11/24/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c).(Hernandez, M)
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Filing 232
MOTION for Order Approving Additional Class Distributions by Dakota Medical, Inc.. Motion Hearing set for 12/21/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Declaration of Kenneth Jue)(Cordero, Charles)
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Filing 231
ORDER GRANTING Plaintiff's #224 Motion for Approval of Additional Class Distributions, signed by District Judge Dale A. Drozd on 12/26/2019. (Deadline: June 15, 2020) (Martin-Gill, S)
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Filing 230
DECLARATION of Kenneth Jue (Supplemental) Concerning Proposed Class Distributions in support of #224 Motion for Miscellaneous Relief,. (Attachments: #1 Proposed Order Granting Plaintiff's Motion for Order Approving Additional Class Distributions)(Cordero, Charles)
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Filing 229
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 12/17/2019. #224 Motion to Approve Additional Class Distributions argued, submitted and taken under submission. Plaintiff's counsel to submit supplemental declaration and proposed order for the courts review. Written order will issue. Plaintiff's Counsel C. Darryl Cordero and Donald Fischbach telephonically present. Defendant's Counsel Oliver Wanger, and David Jordan telephonically present. Court Reporter/CD Number: Rachael Lundy. (Thorp, J)
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Filing 228
PROPOSED ORDER re Granting Plaintiff's Motion for Order Approving Additional Class Distributions re #224 Motion for Miscellaneous Relief,. (Cordero, Charles)
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Filing 227
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 12/12/2019; #224 Motion to Approve Additional Class Distributions on calendar 12/17/2019, WILL BE HEARD at 11:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
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Filing 226
STATEMENT of NON-OPPOSITION by Cannon & Associates, LLC to #224 Motion for Miscellaneous Relief,. (Jordan, David)
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Filing 225
STATEMENT of NON-OPPOSITION by RehabCare Group, Inc. to #224 Motion for Miscellaneous Relief,. (Wanger, Oliver)
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Filing 224
MOTION for Order Approving Additional Class Distributions by Dakota Medical, Inc.. Motion Hearing set for 12/17/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum in Support of Motion for Order Approving Additional Class Distributions, #2 Declaration of Kenneth Jue Advising on Class Distribution Status)(Cordero, Charles)
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Filing 223
STATUS REPORT by Dakota Medical, Inc.. (Attachments: #1 Declaration)(Cordero, Charles)
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Filing 222
ORDER GRANTING #215 PLAINTIFF'S MOTION FOR APPROVAL OF ADDITIONAL CLASS DISTRIBUTIONS signed by District Judge Dale A. Drozd on 9/19/2018. (Thorp, J)
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Filing 221
DECLARATION of Kenneth Jue (Supplemental) re #214 Declaration, 220 Motion Hearing,,. (Cordero, Charles)
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Filing 220
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 9/5/2018. #215 Motion To Certify Class Distribution argued and submitted. Supplemental declaration of settlement administrator due by 9/17/2018; after receipt, a written decision will issue. Plaintiff's Counsel C. Darryl Cordero and Donald Fischbach telephonically present. Defendants' Counsel Steve Crass and David Jordan telephonically present. Court Reporter/CD Number: Karen Hooven. (Thorp, J)
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Filing 219
PROPOSED ORDER re Granting Plaintiff's Motion for Additional Class Distribution re #215 MOTION to CERTIFY CLASS Distribution by Dakota Medical, Inc.. (Cordero, Charles)
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Filing 218
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 8/30/2018; the #215 Motion To Certify Class on calendar 9/5/2018, WILL BE HEARD at 9:45 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J) Modified on 8/30/2018 changing to correct hearing date of 9/5/2018(Thorp, J).
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Filing 217
STATEMENT of NON-OPPOSITION by RehabCare Group, Inc. to #215 MOTION to CERTIFY CLASS Distribution. (Wanger, Oliver)
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Filing 216
STATEMENT of NON-OPPOSITION by Cannon & Associates, LLC to #215 MOTION to CERTIFY CLASS Distribution. (Jordan, David)
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Filing 215
MOTION to CERTIFY CLASS Distribution by Dakota Medical, Inc.. Motion Hearing set for 9/5/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Declaration, #3 Order re Filing Requirements)(Cordero, Charles)
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Filing 214
DECLARATION of Kenneth Jue. (Luskin, Scott)
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Filing 213
ORDER Denying #194 Motion to Enjoin State Court Proceedings, signed by District Judge Dale A. Drozd on 1/30/2018. (The motion to enjoin Zimmerman's state court proceeding is denied. Because the motion itself is denied, the sanctions requested by class counsel against Zimmerman are unwarranted and will also be denied.) (Gaumnitz, R)
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Filing 212
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 12/19/2017. #194 Motion for Order to Enjoin Parallel State Court Action by Dakota Medical, Inc. argued and submitted, a written decision will issue. The parties will advise the court immediately if the matter resolves. Plaintiff's Counsel Charles Cordero, Donald Fischbach, and Daniel Lula personally present; Scott Luskin telephonically present. Movant Scott Zimmerman personally present. Defendants' Counsel Melissa Gomberg and David Jordan telephonically present. Court Reporter: Karen Hooven. (Gaumnitz, R)
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Filing 211
ASSOCIATION of ATTORNEY: (Nemecek, Frank)
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Filing 210
RESPONSE by Dakota Medical, Inc. to #207 Objections, #205 Objections. (Cordero, Charles)
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Filing 209
EXHIBIT A to Reply Declaration of Henry E. LeVine (Dkt. # 203) re #194 MOTION For Order to Enjoin Parallel State Court Action filed by Dakota Medical, Inc.. (Cordero, Charles)
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Filing 208
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 12/14/2017; the #194 motion to enjoin parallel state court action on calendar 12/19/2017, WILL BE HEARD at 10:45 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand held cell phone is required. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
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Filing 207
OBJECTIONS by Movant Scott Zimmermann to #200 Reply. (Attachments: #1 Proposed Order)(Nemecek, Frank)
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Filing 206
PROPOSED ORDER re Granting Objections and Request to Strike Certain Portions of Declarations of Class Counsel re Monetary Sanctions on Motion to Enjoin State Court Action re #205 Objections. (Nemecek, Frank)
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Filing 205
OBJECTIONS by Movant Scott Zimmermann to #203 Declaration, #204 Declaration, #201 Declaration, #202 Declaration. Attorney Nemecek, Frank Wynn added. (Nemecek, Frank)
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Filing 204
DECLARATION of Supplemental Declaration of C. Darryl Cordero in support of #194 MOTION For Order to Enjoin Parallel State Court Action. (Cordero, Charles)
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Filing 203
DECLARATION of Reply Declaration of Henry E. LeVine, Jr. in support of #194 MOTION For Order to Enjoin Parallel State Court Action. (Cordero, Charles)
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Filing 202
DECLARATION of Supplemental Declaration of Joel S. Magolnick in support of #194 MOTION For Order to Enjoin Parallel State Court Action. (Cordero, Charles)
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Filing 201
DECLARATION of Supplemental Declaration of Donald R. Fischbach in support of #194 MOTION For Order to Enjoin Parallel State Court Action. (Cordero, Charles)
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Filing 200
REPLY by Dakota Medical, Inc. re #198 Opposition to Motion. (Cordero, Charles)
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Filing 199
DECLARATION of Scott Z. Zimmermann in OPPOSITION TO #194 MOTION For Order to Enjoin Parallel State Court Action. (Starre, Jonathan)
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Filing 198
OPPOSITION by Scott Zimmermann to #194 MOTION For Order to Enjoin Parallel State Court Action. (Starre, Jonathan)
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Filing 197
STATEMENT of NON-OPPOSITION by RehabCare Group, Inc. to #194 MOTION For Order to Enjoin Parallel State Court Action. (Wanger, Oliver)
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Filing 196
NOTICE of Withdrawal by Dakota Medical, Inc. re #195 Ex Parte Application. (Cordero, Charles)
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Filing 195
EX PARTE APPLICATION by Dakota Medical, Inc. for Ex Parte to Shorten Time for Hearing on Motion to Enjoin State Court Action. (Attachments: #1 Declaration of Donald Fischbach, #2 Proposed Order)(Cordero, Charles)
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Filing 194
MOTION For Order to Enjoin Parallel State Court Action by Dakota Medical, Inc.. Motion Hearing set for 12/19/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum ISO Motion to Enjoin Parellel State Court Action, #2 Declaration of Joel Magolnick, #3 Declaration of Darryl Cordero, #4 Proposed Order)(Cordero, Charles)
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Filing 193
JUDGMENT dated *9/21/2017* pursuant to #189 order. (Sant Agata, S)
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Filing 192
DECLARATION of Supplemental Declaration of Daniel S. Kubasak Regarding Notice of Proposed Settlement Pursuant to 28 U.S.C. Section 1715. (Kubasak, Daniel)
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Filing 191
PROPOSED ORDER re [Proposed] Final Judgment by Dakota Medical, Inc.. (Cordero, Charles)
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Filing 190
DECLARATION of Supplemental Declaration of Jon M. Wilson Regarding Notice of Proposed Settlement Pursuant to 28 U.S.C. Section 1715. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wanger, Oliver)
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Filing 189
ORDER GRANTING Final Approval of Class Action Settlement, Awarding Attorneys' Fees and Incentive Payments, and DIRECTING Distribution of Settlement signed by District Judge Dale A. Drozd on 9/20/2017. CASE CLOSED. (Sant Agata, S)
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Filing 188
BRIEF [Supplemental] In Support of Motion for Reimbursement of Attorneys' Fees and Expenses by Dakota Medical, Inc.. (Cordero, Charles)
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Filing 187
NOTICE re FINAL REPORT OF SETTLEMENT ADMINISTRATOR AND DECLARATION OF KENNETH JUE REGARDING ELIGIBLE CLASS MEMBERS by Dakota Medical, Inc. re #179 MOTION to CERTIFY CLASS Plaintiffs Motion for Final Approval of Settlement and Certification of Settlement Class. (Attachments: #1 Exhibit A to Final Report of Settlement Administrator)(Cordero, Charles)
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Filing 186
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 9/7/2017. #179 Final Approval of Class Certification, #180 Motion for Attorney Fees, and #181 Motion for Incentive Fee Award for Services as Class Representative argued and submitted, a written decision will issue. Plaintiff's counsel will file supplemental briefing regarding shared attorney fees by Monday 9/11/2017, and provide the court with an amended proposed order granting final approval of class certification. Plaintiff's Counsel Charles Cordero and Donald Fischbach present. Defendants' Counsel Oliver Wanger, Jon Wilson, and David Jordon present. Court Reporter/CD Number: Karen Hooven. (Gaumnitz, R)
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Filing 185
SUPPLEMENT by Dakota Medical, Inc. re #180 MOTION for ATTORNEY FEES Notice of Motion and Motion For Award of Attorneys Fees and Reimbursement of Reasonable Expenses. (Cordero, Charles)
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Filing 184
STATUS REPORT by Dakota Medical, Inc.. (Attachments: #1 Declaration (Supplemental) of Kenneth Jue on Behalf of Settlement Administrator in Support of Motion for Final Approval)(Cordero, Charles)
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Filing 183
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 8/31/2017; the parties are encouraged to appear telephonically for the #179 #180 #181 motions on calendar 9/7/2017, and may do so by dialing 877-402-9757 (access code 6966236), at 9:30am. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Gaumnitz, R)
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Filing 182
NOTICE of Request for Coordination of Deposit Date by RehabCare Group, Inc.. (Wanger, Oliver)
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Filing 181
MOTION Notice of Motion and Motion for Incentive Fee Award for Services as Class Representative by Dakota Medical, Inc.. Motion Hearing set for 9/7/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum)(Cordero, Charles)
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Filing 180
MOTION for ATTORNEY FEES Notice of Motion and Motion For Award of Attorneys Fees and Reimbursement of Reasonable Expenses by Dakota Medical, Inc.. Motion Hearing set for 9/7/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum)(Cordero, Charles)
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Filing 179
MOTION to CERTIFY CLASS Plaintiffs Motion for Final Approval of Settlement and Certification of Settlement Class by Dakota Medical, Inc.. Motion Hearing set for 9/7/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Declaration Henry E. LeVine, Jr., #3 Declaration C. Darryl Cordero, #4 Exhibit Ex A Cordero Decl, #5 Exhibit Ex B Cordero Decl, #6 Declaration Joel S. Magolnick, #7 Declaration Donald R. Fischbach, #8 Declaration Matthew K. Brown, #9 Declaration Philip K. Lem, #10 Exhibit Ex 1 Lem Decl, #11 Declaration R. William Nemec, #12 Declaration Eric M. Kennedy, #13 Declaration Kenneth Jue, #14 Declaration Robert A. Sherwin - Analysis Group, #15 Declaration M. Dean Cranwell - American Healthcare, #16 Exhibit Ex A Cranwell Decl, #17 Declaration Gregory Nicoluzakis - Autumn Corporation, #18 Exhibit Ex A Nicoluzakis Decl, #19 Declaration Vilma Martinez - Avante Group, #20 Declaration Dennis R. Hunter - Brooke Grove Foundation, #21 Exhibit Ex A Hunter Decl, #22 Declaration Lucy Kazanjian Grayson - California Armenian Home, #23 Declaration James Shelton - Central Management, #24 Exhibit Ex A Shelton Decl, #25 Declaration Rustan Williams - The Evangelical Lutheran Good Samaritan Society, #26 Exhibit Ex A Williams Decl, #27 Declaration Debra Pierce, #28 Exhibit Ex A Pierce Decl, #29 Declaration Theresa Creagh - Grane Healthcare, #30 Declaration Craig Robinson - Orianna Health Systems, #31 Exhibit Ex A Robinson Decl, #32 Declaration Nick Anderson - Plum Healthcare, #33 Exhibit Ex A Anderson Decl, #34 Declaration Derek Lane - Rockport Healthcare, #35 Exhibit Ex A Lane Decl, #36 Declaration Joshua Sable - S&F Management Company, #37 Proof of Service)(Cordero, Charles)
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Filing 178
DECLARATION of Kenneth Jue on Behalf of Notice Administrator Regarding Requests for Exclusion. (Attachments: #1 Exhibit A to Jue Decl)(Luskin, Scott)
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Filing 177
ORDER GRANTING #172 Preliminary Approval of Class Action Settlement, signed by District Judge Dale A. Drozd on 4/19/2017. (Thorp, J)
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Filing 176
MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 4/18/2017. Order granting #172 Motion to Certify Class will issue. Final Approval of Class Certification set for 9/7/2017, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (This matter to remain on calendar at 9:30 AM.) Plaintiff's Counsel Charles Cordero, Donald Fischbach, Scott Luskin and Joel Magolnick telephonically present. Defendants' Counsel Oliver Wanger, Erin Kolmanberger and David Jordan telephonically present. Court Reporter/CD Number: Karen Hooven. (Thorp, J)
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Filing 175
MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 4/13/2017; The #172 motion to certify class on calendar 4/18/2017, WILL BE HEARD at 9:45 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically.(Thorp, J)
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Filing 174
DECLARATION of Daniel S. Kubasak. Attorney Kubasak, Daniel Scott added. (Attachments: #1 Exhibit A)(Kubasak, Daniel)
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Filing 173
DECLARATION of Jon M. Wilson. (Attachments: #1 Exhibit, #2 Exhibit)(Wilson, Jon)
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Filing 172
MOTION to CERTIFY CLASS Plaintiff's Unopposed Motions for Preliminary Certification of Settlement Class and for Preliminary Approval of Settlement by Dakota Medical, Inc.. Motion Hearing set for 4/18/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Declaration C. Darryl Cordero, #3 Exhibit Ex A - Cordero Decl., #4 Exhibit Ex B - Cordero Decl., #5 Exhibit Ex C - Cordero Decl., #6 Exhibit Ex D - Cordero Decl., #7 Declaration Donald R. Fischbach, #8 Declaration Joel S. Magolnick, #9 Declaration Matthew K. Brown, #10 Declaration Henry E. LeVine Jr., #11 Declaration Charles Cave, #12 Declaration R. William Nemec, #13 Declaration Susan Campagne, #14 Declaration Courtney Porter, #15 Exhibit Ex E - Porter Decl., #16 Exhibit Ex F - Porter Decl., #17 Exhibit Ex G - Porter Decl., #18 Declaration Jonathan D. Carameros, #19 Exhibit Ex 1 - Carameros Decl., #20 Proposed Order)(Cordero, Charles)
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Filing 171
NOTICE of SETTLEMENT Notice of Executed Class Action Settlement Agreement by Dakota Medical, Inc.. (Cordero, Charles)
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Filing 170
ORDER Vacating Briefing Schedules on Pending Motions: The parties filed a Notice of Settlement indicating that the class claims in this action havebeen settled. (Doc. 169). Based on the notice, this Court VACATES the briefing schedules for Plaintiffs amended motion for class certification and RehabCares motion for summary judgment. The parties SHALL file their Unopposed Motion for Preliminary Approval in compliance with Local Rule 230 and District Judge Dale A. Drozds standing order available on the Courtswebsite. signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2016. (Herman, H)
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Filing 169
NOTICE of SETTLEMENT NOTICE OF CLASS ACTION SETTLEMENT AND REQUEST TO VACATE BRIEFING SCHEDULES ON PENDING MOTIONS; EXHIBIT A by Dakota Medical, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Cordero, Charles)
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Filing 168
DECLARATION of Daniela Ferro in OPPOSITION TO #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Gomberg, Melissa)
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Filing 167
DECLARATION of Nicole Fundora in OPPOSITION TO #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gomberg, Melissa)
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Filing 166
DECLARATION of Jon M. Wilson in OPPOSITION TO #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Gomberg, Melissa)
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Filing 165
OPPOSITION by RehabCare Group, Inc. to #145 MOTION to CERTIFY CLASS Amended. (Gomberg, Melissa)
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Filing 164
OPPOSITION by Cannon & Associates, LLC to #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Declaration of Shelly Patton in Support of Opposition to Motion for Class Certification, #2 Exhibit A, #3 Declaration of Charles Cave in Support of Opposition to Amended Motion for Class Certification, #4 Declaration of Susan Campagne in Support of Opposition to Amended Motion for Class Certification, #5 Declaration of Daniel S. Kubasak in Support of Opposition to Amended Motion for Class Certification, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Request for Judicial Notice in Support of Opposition to Amended Motion for Class Certification, #28 Proposed Order, #29 Proof of Service)(Jordan, David)
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Filing 163
DECLARATION of Jon M. Wilson in SUPPORT OF #157 MOTION for SUMMARY JUDGMENT. (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, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Wanger, Oliver)
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Filing 162
MEMORANDUM by RehabCare Group, Inc. in SUPPORT of #157 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Statement of Undisputed Facts in Support of its Motion for Summary Judgment)(Wanger, Oliver)
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Filing 161
MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 11/3/2016; #157 Motion for Summary Judgment previously set for hearing 12/6/2016, is CONTINUED to 12/20/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.(Gaumnitz, R)
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Filing 160
ORDER Denying Request to Seal Documents (Doc. No. 157-1), signed by District Judge Dale A. Drozd on 11/1/2016. (1. Defendant RehabCare's request to seal (Doc. No. 157-1) is denied; 2. Pursuant to Local Rule 141(e)(1), the Clerk of the Court is directed to return to the parties the documents for which sealing has been denied; 3. Defendant RehabCare is granted leave to refile its request to seal, identifying the specific portions of documents which it believes must be filed under seal and providing the compelling reason or other applicable reasons in support of such request to seal.)(Gaumnitz, R)
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Filing 159
DECLARATION of Nicole Fundora in SUPPORT OF #157 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2, #6 Exhibit D Part 3, #7 Exhibit D Part 4, #8 Exhibit D Part 5, #9 Exhibit D Part 6, #10 Exhibit D Part 7)(Wanger, Oliver)
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Filing 158
DECLARATION of Jon M. Wilson in SUPPORT OF #157 MOTION for SUMMARY JUDGMENT. (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, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Wanger, Oliver)
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Filing 157
MOTION for SUMMARY JUDGMENT by RehabCare Group, Inc.. Motion Hearing set for 12/6/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Notice RehabCare Group, Inc.'s Request to Seal Documents, #2 Proposed Order Granting RehabCare Group, Inc.'s Request to Seal Documents, #3 Notice of Motion and Motion for Summary Judgment, #4 Declaration of Charles Guy Cave in Support of RehabCare Group, Inc.'s Motion for Summary Judgment, #5 Exhibit A to Charles Cave's Declaration, #6 Declaration of Aaron Scharff in Support of RehabCare Group, Inc.'s Motion for Summary Judgment, #7 Declaration of Patricia Henry in Support of RehabCare Group, Inc.'s Motion for Summary Judgment, #8 Proof of Service)(Wanger, Oliver)
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Filing 156
PROPOSED ORDER re Plaintiffs Amended Motion for Class Certification re #149 Declaration, #151 Declaration, #154 Declaration, #145 MOTION to CERTIFY CLASS Amended, #155 Declaration, #153 Declaration, #152 Declaration, #147 Declaration, #150 Declaration, #146 Declaration, #148 Declaration. (Cordero, Charles)
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Filing 155
DECLARATION of Charles K. Whitehead in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 154
DECLARATION of R. William Nemec in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit A)(Cordero, Charles)
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Filing 153
DECLARATION of Joel S. Magolnick in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 152
DECLARATION of Henry E. LeVine, Jr. in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 151
DECLARATION of Laura Landwirth in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 150
DECLARATION of Donald R. Fischbach in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 149
DECLARATION of C. Darryl Cordero in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N, #7 Exhibit O, #8 Exhibit P, #9 Exhibit Q, #10 Exhibit R, #11 Exhibit S)(Cordero, Charles)
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Filing 148
DECLARATION in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H)(Cordero, Charles)
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Filing 147
DECLARATION of Kathryn Brod in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Cordero, Charles)
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Filing 146
DECLARATION of Robert Biggerstaff in SUPPORT OF #145 MOTION to CERTIFY CLASS Amended. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cordero, Charles)
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Filing 145
MOTION to CERTIFY CLASS Amended by Dakota Medical, Inc., R. Fellen, Inc.. Motion Hearing set for 12/20/2016 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Points and Authorities)(Cordero, Charles)
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Filing 144
MOTION for EXTENSION OF TIME to Extend Certain Deadlines for Class Certification Discovery in the Court's April 5, 2016 and August 28, 2016 Orders; [Proposed] Order re #115 Stipulation and Order,,,, Set/Reset Deadlines and Hearings,,, #141 Order,,, Order on Motion for Extension,, by RehabCare Group, Inc.. (Wilson, Jon)
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Filing 143
NOTICE of APPEARANCE by Scott Olin Luskin on behalf of Dakota Medical, Inc.. Attorney Luskin, Scott Olin added. (Luskin, Scott)
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Filing 142
DESIGNATION of COUNSEL FOR SERVICE., attorney Eric Michael Kennedy terminated (Cordero, Charles)
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Filing 141
ORDER GRANTING Joint Motion to Extend Certain Deadlines in the Amended Scheduling Order re Class Certification #140 : The deadline for rebuttal expert disclosures for class certification is extended to September 7, 2016, and the deadline for class certification discovery is extended to September 16, 2016. This modification does not alter the class certification briefing schedule or the hearing date set for the amended class certification motion. signed by Magistrate Judge Barbara A. McAuliffe on 8/25/2016. (Kusamura, W)
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Filing 140
MOTION for 14-DAY EXTENSION OF TIME to Serve Rebuttal Expert Witness Disclosures, etc. re #136 Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion for Extension,, by Dakota Medical, Inc.. (Brown, Matthew)
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Filing 139
NOTICE of APPEARANCE by Leilani Elizabeth Livingston on behalf of Dakota Medical, Inc., R. Fellen, Inc.. Attorney Livingston, Leilani Elizabeth added. (Livingston, Leilani)
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Filing 138
ORDER DIRECTING the Clerk of the Court to TERMINATE R. Fellen, Inc. from the Case signed by District Judge Dale A. Drozd on 8/2/2016. R. Fellen, Inc. (a California corporation) terminated. (Sant Agata, S)
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Filing 137
STIPULATION and PROPOSED ORDER for Stipulation of Dismissal as to Individual Claims of Plaintiff R. Fellen, Inc., Without Prejudice by R. Fellen, Inc.. (Attachments: #1 Proposed Order on Stipulation of Dismissal as to Individual Claims of Plaintiff R. Fellen, Inc. dba Sunnyside Convalescent Hospital Without Prejudice)(Kennedy, Eric)
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Filing 136
ORDER GRANTING Joint Motion to Extend Certain Deadlines in the Amended Scheduling Order re Class Certification (Doc. 135). The deadline for rebuttal expert disclosures for class certification is extended to August 24, 2016, and the deadline for class certification discovery is extended to September 15, 2016. This modification does not alter the class certification briefing schedule or the hearing date set for the amended class certification motion. signed by Magistrate Judge Barbara A. McAuliffe on 7/29/2016. (Herman, H)
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Filing 135
MOTION for EXTENSION OF TIME to Joint Motion by Plaintiffs and Defendants to Extend Certain Deadlines in the Amended Scheduling Order re Class Certification; [Proposed] Order re #115 Stipulation and Order,,,, Set/Reset Deadlines and Hearings,,, by Dakota Medical, Inc., R. Fellen, Inc.. (Cordero, Charles)
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Filing 134
ORDER REASSIGNING CASE to the Honorable Barbara A. McAuliffe signed by Magistrate Judge Sandra M. Snyder on 7/27/2016. Magistrate Judge Sandra M. Snyder no longer assigned to case. New Case Number: 1:14-cv-02081-DAD-BAM. (Jessen, A)
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Filing 133
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE held, in chambers and off the record, on 7/27/2016. The Court informed the parties that the case will be transferred to Magistrate Judge Barbara A. McAuliffe and that the discovery dispute concerning Plaintiffs' subpoena to Kindred Healthcare Operating, Inc. shall be addressed by noticed written motion. Plaintiffs' Counsel Charles Cordero, Donald Fischbach, and Scott Luskin telephonically present. Defendants' Counsel Oliver Wanger, Jon Wilson, Kimberly Freedman, Melissa Gomberg, Erin Kolmansberger, and David Jordan telephonically present. (Rooney, M)
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Filing 132
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of the parties, an INFORMAL TELEPHONIC DISCOVERY DISPUTE CONFERENCE re a third-party subpoena to Kindred Health Care Operating Inc. is set for 7/27/2016 at 01:00 PM before Magistrate Judge Sandra M. Snyder. As such, plaintiffs and defendant Rehabcare Group, LLC, are to each submit a synopsis of no more than three pages, outlining the issue(s) in dispute, to be emailed to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 7/26/2016 at 12:00 PM. The parties are directed to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 7/22/2016. (Rooney, M)
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Filing 131
TRANSCRIPT REQUEST by Cannon & Associates, LLC for proceedings held on June 29, 2016 before Judge Hon. Sandra M. Snyder. Court Reporter ECRO Fresno. (Jordan, David)
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Filing 130
TRANSCRIPT of Proceedings held on 6/29/2016, before Magistrate Judge Sandra M. Snyder. RULING ON MOTION TO COMPEL HEARING filed by ECRO, Phone number 559-499-5928 or 559-499-5980 E-mail Fresno_ECRO@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/1/2016. Redacted Transcript Deadline set for 8/11/2016. Release of Transcript Restriction set for 10/11/2016. (Rosales, O)
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Filing 129
TRANSCRIPT REQUEST by RehabCare Group, Inc. for proceedings held on 06/29/2016 before Judge Sandra M. Snyder. Court Reporter ECRO Fresno. (Freedman, Kimberly)
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Filing 128
ORDER GRANTING IN PART #122 Plaintiff's Request to Seal Documents signed by Magistrate Judge Sandra M. Snyder on 7/6/2016. (Jessen, A)
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Filing 127
TRANSCRIPT REQUEST by R. Fellen, Inc. for proceedings held on 6/29/16 before Judge Sandra M. Snyder. Court Reporter ECRO Fresno. (Fischbach, Donald)
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Filing 126
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC HEARING held on 6/29/2016. The Court addressed the parties and made an oral ruling from the bench on plaintiffs' Motion to Compel, document #121 , denying said motion. Plaintiffs' Counsel Charles Cordero, Donald Fischbach, and Eric Kennedy telephonically present. Defendants' Counsel Oliver Wanger, Jon Wilson, Kimberly Freedman, Melissa Gomberg, Erin Kolmansberger, and David Jordan telephonically present. Court Reporter/CD Number: ECRO - Araceli Gil-Garcia. (Rooney, M)
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Filing 125
MINUTE ORDER: (TEXT ENTRY ONLY) To accommodate the parties' schedules, the hearing on the Court's ruling on plaintiffs' Motion to Compel currently set for 6/29/2016 at 11:00 AM will now be held on the same day at 1:00 PM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. The parties are reminded to use the dial-in number and passcode as follows: 1-866-590-5055 and enter passcode 5453256#. Minute Order signed by Magistrate Judge Sandra M. Snyder on 6/28/2016. (Rooney, M)
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Filing 124
MINUTE ORDER: (TEXT ENTRY ONLY) The hearing on the Court's ruling on plaintiffs' Motion to Compel currently set for 6/22/2016 is CONTINUED and will now be held on 6/29/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. To appear telephonically, each party is to dial 1-866-590-5055 and enter passcode 5453256#. Minute Order signed by Magistrate Judge Sandra M. Snyder on 6/21/2016. (Rooney, M)
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Filing 123
MINUTE ORDER: (TEXT ENTRY ONLY) The Court finds Plaintiffs' motion to compel, document #121 , noticed for hearing on 6/22/2016 before Magistrate Judge Sandra M. Snyder, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). Indeed, the Court cannot think of any oral argument needed to make her ruling. The parties have submitted: (1) a sixty-seven page Joint Statement, (2) a four-page page declaration of Eric M. Kennedy with nine exhibits, several of which are voluminous, containing deposition excerpts and other relevant documents, (3) a six-page declaration of Jon M. Wilson with seven exhibits containing deposition excerpts and other relevant documents, and (4) a three-page declaration of David L. Jordan with deposition excerpts. These are sufficient for the Court to make her ruling. As time is of the essence regarding continuing discovery, the Court does intend, however, to make her ruling from the bench. It is too early to determine if that can be done on 6/22/2016 or sometime shortly thereafter. The Court sees no reason for counsel to spend their clients' money traveling to Fresno to appear personally simply for that ruling. For participation in the hearing on the Court's ruling, telephonic appearances are suggested, recommended, and preferred. To appear telephonically, each party is to dial 1-866-590-5055 and enter passcode 5453256#. Should the hearing be scheduled other than on 6/22/2016, all counsel shall be notified timely. Finally, should the Court deem any further information is needed to rule on Plaintiffs' motion to compel, counsel will be asked for written supplementation. Minute Order signed by Magistrate Judge Sandra M. Snyder on 6/17/2016. (Rooney, M)
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Filing 122
NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Dakota Medical, Inc., R. Fellen, Inc.. (Cordero, Charles)
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Filing 121
MOTION to COMPEL Additional Depositions and Sanctions and Notice of Motion by Dakota Medical, Inc., R. Fellen, Inc.. Motion Hearing set for 6/22/2016 at 11:00 AM in Courtroom 1 (SMS) before District Judge Sandra M. Snyder. (Cordero, Charles).
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Filing 120
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to notice by the parties that the matter has been resolved, the Court VACATES the Telephonic Informal Status Conference set for 5/4/2016 before Magistrate Judge Sandra M. Snyder. Minute Order signed by Magistrate Judge Sandra M. Snyder on 5/4/2016. (Rooney, M)
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Filing 119
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 4/27/2016. Court received/reviewed parties' two-page letter summary of dispute. No accord reached by parties; Court set forth her suggestions for resolution. Follow-up telephonic conference set, should further meet-and-confer not reach resolution. FURTHER INFORMAL TELEPHONIC STATUS CONFERENCE set for 5/4/2016 at 11:00 AM before Magistrate Judge Sandra M. Snyder. Plaintiffs' Counsel Eric Kennedy telephonically present. Defendants' Counsel Melissa Gomberg, Erin Kolmansberger, Kimberly Friedman, and David Jordan telephonically present. (Rooney, M)
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Filing 118
NOTICE of CHANGE of ADDRESS by Eric Michael Kennedy. (Kennedy, Eric)
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Filing 117
NOTICE of CHANGE of ADDRESS by Charles Darryl Cordero. (Cordero, Charles)
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Filing 116
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to a request by plaintiffs and defendant RehabCare Group, Inc., a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 4/27/2016 at 11:00 AM before Magistrate Judge Sandra M. Snyder. As such, plaintiffs and defendant Rehabcare Group, LLC, are to each submit a synopsis of no more than two pages, outlining the issue(s) in dispute, to be emailed to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 4/25/2016 at 4:00 PM. The parties are directed to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 4/22/2016. (Rooney, M)
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Filing 115
AMENDED SCHEDULING ORDER re Class Certification, signed by District Judge Dale A. Drozd on 4/5/2016. (Having considered the parties' suggested dates regarding class certification and finding good cause the following dates are hereby ordered: Initial Expert Witness Disclosures re Class Certification: 7/1/2016; Rebuttal Expert Witness Disclosures re Class Certification: 8/9/2016; Class Certification Discovery Deadline: 8/31/2016; Amended Class Certification Motion Filed: 10/3/2016; Opposition to Amended Class Certification Motion: 11/11/2016; Reply in Support of Amended Class Certification Motion: 12/6/2016; Hearing re Amended Class Certification Motion set for 12/20/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd.) (Gaumnitz, R)
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Filing 114
REQUEST for (Proposed) Amended Scheduling Order Re Class Certification by Dakota Medical, Inc., R. Fellen, Inc. re 107 Minute Order,,,. (Kennedy, Eric)
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Filing 113
ORDER GRANTING IN PART PLAINTIFF'S MOTION TO COMPEL DEFENDANT CANNON & ASSOCIATES' FURTHER RESPONSES signed by Magistrate Judge Sandra M. Snyder on March 29, 2016. [Doc. 106] (Munoz, I)
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Filing 112
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed defendant's Motion to Compel, document #106 , noticed for hearing on 3/30/2016 before Magistrate Snyder, suitable for decision WITHOUT oral argument pursuant to Local Rule 230(g). And, as such, the hearing on same is VACATED and the matter will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sandra M. Snyder on 3/24/2016. (Gaumnitz, R)
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Filing 111
DECLARATION of David L. Jordan re #109 Statement,. (Attachments: #1 Exhibit A)(Cordero, Charles)
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Filing 110
DECLARATION of Matthew K. Brown re #109 Statement,. (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)(Cordero, Charles)
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Filing 109
STATEMENT of Discovery Disagreement Re Plaintiffs Motion to Compel Defendant Cannon & Associates, LLC, dba Polaris Group, to Serve Amended Responses to Discovery (JOINT) by Plaintiffs Dakota Medical, Inc., R. Fellen, Inc. re #106 MOTION to COMPEL Defendant Cannon & Associates, LLC, dba Polaris Group, to Serve Amended Responses to Discovery . (Cordero, Charles)
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Filing 108
DESIGNATION of COUNSEL FOR SERVICE., attorney Scott Zygmunt Zimmermann terminated (Zimmermann, Scott)
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Filing 107
MINUTE ORDER: (TEXT ENTRY ONLY) With regard to the joint request for a status conference regarding a new scheduling order, document #99 , this case having been re-reassigned to District Court Judge Dale Drozd, it is his wish that the parties meet/confer and submit an amended scheduling order addressing only class certification outlining the following dates: a discovery deadline, thereafter a briefing schedule and hearing date. Counsel need not consult with Judge Drozd's courtroom deputy but, rather, choose a 1st or 3rd Tuesday of any month at 9:30 a.m. for a hearing. Should counsel feel the need for court assistance, a request for a telephonic conference with Magistrate Judge Sandra Snyder shall be coordinated with Michelle Means Rooney at (559) 499-5612 or at mrooney@caed.uscourts.gov. Minute Order signed by Magistrate Judge Sandra M. Snyder on 3/10/2016. (Rooney, M)
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Filing 106
MOTION to COMPEL Defendant Cannon & Associates, LLC, dba Polaris Group, to Serve Amended Responses to Discovery by Dakota Medical, Inc., R. Fellen, Inc.. Motion Hearing set for 3/30/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Cordero, Charles)
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Filing 105
NOTICE of CHANGE of ADDRESS by Scott Zygmunt Zimmermann. (Zimmermann, Scott)
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Filing 104
ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge Morrison C. England* to District Judge Dale A. Drozd for all further proceedings. (Sant Agata, S)
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Filing 103
ORDER DENYING plaintiff's Motion to Compel defendant Cannon and Associates' further responses, document #96 . Order signed by Magistrate Judge Sandra M. Snyder on 2/16/2016. (Rooney, M)
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Filing 102
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the motion to compel, document #96 , suitable for decision without oral argument pursuant to Local Rule 230(g). As such, the hearing on same currently set for 2/17/2016 before Magistrate Judge Sandra M. Snyder is vacated and the motion will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sandra M. Snyder on 2/11/2016. (Rooney, M)
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Filing 101
DECLARATION of David L. Jordan re #100 Statement of Discovery Disagreement (Attachments: #1 Exhibit A to Declaration of David L. Jordan, #2 Exhibit B to Declaration of David L. Jordan)(Cordero, Charles) Modified on 2/11/2016 (Kastilahn, A).
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Filing 100
STATEMENT of Discovery Disagreement by Plaintiffs Dakota Medical, Inc., R. Fellen, Inc. re #96 MOTION to COMPEL Defendant Cannon & Associates, LLC, dba Polaris Group, to Respond to Discovery . (Attachments: #1 Declaration of Matthew K. Brown in Support, #2 Exhibit A to Declaration of Matthew K. Brown, #3 Exhibit B to Declaration of Matthew K. Brown, #4 Exhibit C to Declaration of Matthew K. Brown, #5 Exhibit D to Declaration of Matthew K. Brown, #6 Exhibit E to Declaration of Matthew K. Brown, #7 Exhibit F to Declaration of Matthew K. Brown, #8 Exhibit G to Declaration of Matthew K. Brown, #9 Exhibit H to Declaration of Matthew K. Brown, #10 Exhibit I to Declaration of Matthew K. Brown, #11 Exhibit J to Declaration of Matthew K. Brown, #12 Exhibit K to Declaration of Matthew K. Brown, #13 Exhibit L to Declaration of Matthew K. Brown)(Cordero, Charles)
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Filing 99
JOINT REQUEST for Status Conference regarding New Scheduling Order by Dakota Medical, Inc., R. Fellen, Inc.. (Kennedy, Eric) Modified on 2/10/2016 (Kastilahn, A).
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Filing 98
ORDER denying plaintiff's Motion to Compel Defendant RehabCare Group Inc.'s Further Responses, document #83 . Order signed by Magistrate Judge Sandra M. Snyder on 2/5/2016. (Rooney, M)
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Filing 97
ORDER granting, in part, and denying, in part, plaintiff's Motion to Compel Defendant Cannon and Associates' Further Responses, document #84 . Order signed by Magistrate Judge Sandra M. Snyder on 2/5/2016. (Rooney, M)
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Filing 96
MOTION to COMPEL Defendant Cannon & Associates, LLC, dba Polaris Group, to Respond to Discovery by Dakota Medical, Inc., R. Fellen, Inc.. Motion Hearing set for 2/17/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Cordero, Charles)
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Filing 95
ORDER Re Joint Stipulation to have Joint Statement of Discovery Disagreement re Plaintiffs' Notice of Motion and Motion to Compel Defendant RehabCare Group, Inc. to Provide Supplemental Responses to Interrogatories 91 Sealed, signed by Magistrate Judge Sandra M. Snyder on 1/15/16. (Marrujo, C)
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Filing 94
JOINT STATEMENT of Discovery disagreement re Plaintiffs' Notice of Motion and MOTION to COMPEL #83 by Plaintiffs Dakota Medical, Inc., R. Fellen, Inc. (Attachments: #1 Declaration of Eric M. Kennedy, #2 Exhibit A to Declaration of Eric M. Kennedy, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Kennedy, Eric) Modified on 1/20/2016 (Mena-Sanchez, L).
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Filing 93
STIPULATION to have Joint Statement of Discovery Disagreement re 91 Motion to Compel by Dakota Medical, Inc., R. Fellen, Inc. (Attachments: #1 Proposed Order)(Kennedy, Eric)
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Filing 92
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has deemed the motions to compel, documents #83 and #84 , suitable for decision without oral argument pursuant to Local Rule 230(g). As such, the hearing on same currently set for 1/20/2016 before Magistrate Judge Sandra M. Snyder is vacated and the motions will be taken under submission as of that date. Minute Order signed by Magistrate Judge Sandra M. Snyder on 1/14/2016. (Rooney, M)
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Filing 90
DECLARATION of Matthew K. Brown re #89 Statement,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Brown, Matthew)
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Filing 89
STATEMENT of Discovery Disagreement re Plaintiff's Motion to Compel Defendant Polaris Group to Answer Interrogatories 1-8 (JOINT) by Plaintiffs Dakota Medical, Inc., R. Fellen, Inc. re #84 Motion to Compel. (Attachments: #1 Exhibit A)(Brown, Matthew)
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Filing 88
**AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: Pursuant to the Order of Reassignment (ECF No. 87), all dues dates and hearings set forth in the Status Pretrial Scheduling Order and Order Amending the Status Pretrial Scheduling Order are VACATED. **A new Pretrial Scheduling Order is forthcoming and will setforth the brifing schedule on the motion for class certification. (Deutsch, S) Modified on 1/11/2016 (Deutsch, S).
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Filing 87
ORDER REASSIGNING CASE signed by Chief Judge Morrison C. England, Jr.: Due to the senior status of District Judge *Garland E. Burrell, Jr.*, this action is reassigned to *Chief Judge Morrison C. England, Jr* for all further proceedings. (Benson, A)
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Filing 86
PRO HAC VICE ORDER signed by Judge Garland E. Burrell, Jr. on 01/04/16. Added attorney Kimberly Freedman, PHV for RehabCare Group, Inc.(Benson, A)
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Filing 85
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by RehabCare Group, Inc. for attorney Kimberly Freedman, Esq. to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-6244666) (Attachments: #1 Certificate of Good Standing)(Wilson, Jon)
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Filing 84
MOTION TO COMPEL Defendant Cannon & Associates, LLC, dba Polaris Group, to Answer Interrogatories 1-8 by Dakota Medical, Inc., R. Fellen, Inc. Motion Hearing SET for 1/20/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Cordero, Charles) Modified on 1/4/2016 (Michel, G.).
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Filing 83
MOTION TO COMPEL Defendant RehabCare Group, Inc., to Provide Supplemental Responses to Interrogatories by Dakota Medical, Inc., R. Fellen, Inc. Motion Hearing SET for 1/20/2016 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Cordero, Charles) Modified on 1/4/2016 (Michel, G.).
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Filing 82
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 12/30/2015. Issue of number/scope/purpose of interrogatories served to date by plaintiffs on defendant RehabCare Group resolved. Defendant shall respond to 8 interrogatories re: RehabCare's affirmative defenses (despite counting to greater than 25 limit of FRCP 33(a)). Plaintiffs shall withdraw all others in second set, meet and confer with defendant, and re-serve any on behalf of plaintiff Glenoaks rather than Sunnyside. Plaintiffs' Counsel Eric Kennedy and Donald Fischbach telephonically present. Defense Counsel Erin Kolmansberger on behalf of defendant RehabCare Group, LLC, and David Jordan on behalf of defendant Cannon and Associates, LLC, telephonically present. (Rooney, M)
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Filing 81
REQUEST for Removal from Docket by Cannon & Associates, LLC. (Kaminski, David)
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Filing 80
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to a request by plaintiffs and defendant Rehabcare Group, Inc., a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 12/30/2015 at 11:00 AM before Magistrate Judge Sandra M. Snyder. As such, plaintiffs and defendant Rehabcare Group, LLC, are to each submit a synopsis of no more than four pages, outlining the issue(s) in dispute, to be emailed to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 12/28/2015 at 4:00 PM. The parties are directed to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 12/14/2015. (Rooney, M)
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Filing 79
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of plaintiffs and defendant, Cannon and Associates, LLC, the Telephonic Status Conference set for 12/9/2015 at 11:00 AM before Magistrate Judge Sandra M. Snyder is VACATED. Minute Order signed by Magistrate Judge Sandra M. Snyder on 12/7/2015. (Rooney, M)
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Filing 78
MINUTE ORDER: (TEXT ENTRY ONLY) The Telephonic Informal Discovery Dispute Conference set for 12/2/2015 before Magistrate Judge Sandra M. Snyder, document 76 , is VACATED as the Court was not fully briefed by the parties in advance of the hearing. Minute Order signed by Magistrate Judge Sandra M. Snyder on 12/2/2015. (Rooney, M)
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Filing 77
MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Erica P. Grosjean on 11/20/2015: As the parties advised the Court that they resolved their dispute, the Informal Telephonic Conference Call re Discovery Dispute that was set today's date was NOT HELD.(Martinez, A)
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Filing 76
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to a request by plaintiffs and defendant Rehabcare Group, Inc., a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 12/2/2015 at 02:30 PM before Magistrate Judge Sandra M. Snyder. As such, plaintiffs and defendant Rehabcare Group, LLC, are to each submit a synopsis of no more than two pages, outlining the issue(s) in dispute, to be emailed to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 11/30/2015 at 10:00 AM. The parties are directed to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 11/20/2015. (Rooney, M)
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Filing 74
MINUTE ORDER (Text Entry Only) signed by Magistrate Judge Erica P. Grosjean on 11/19/2015: This matter is SET for an Informal Telephonic Conference Call re Discovery Dispute for 11/20/2015 at 02:00 PM before Magistrate Judge Erica P. Grosjean. The parties shall coordinate a one-line conference call prior to calling chambers at (559) 499-5960. (Martinez, A)
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Filing 75
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 11/18/2015. Extensive discussion re: the remaining disputed interrogatory responses involving Plaintiff and Defendant Cannon/Polaris failed to reach any resolutions; a noticed motion must follow should parties remain deadlocked. Counsel agreed to meet/confer re: opt-out notice issue. FURTHER TELEPHONIC STATUS CONFERENCE set for 12/9/2015 at 11:00 AM before Magistrate Judge Sandra M. Snyder. The parties are to initiate a one-line conference call to chambers at (559) 499-5690. Plaintiffs' Counsel Donald Fischbach, Eric Kennedy, and Matthew Brown telephonically present. Defense Counsel Oliver Wanger, Jon Wilson, Melissa Gomberg, and Erin Kolmansberger telephonically present on behalf of defendant Rehabcare Group, Inc., and David Jordan and Dan Kubasak telephonically present on behalf of defendant Cannon and Associates, LLC. (Rooney, M)
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Filing 73
MINUTE ORDER: (TEXT ENTRY ONLY) To accommodate the Court's calendar, the TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE currently set for 11/18/2015 at 10:00 will now be held on the same day at 11:00 AM before Magistrate Judge Sandra M. Snyder (docket entry 72 ). Minute Order signed by Magistrate Judge Sandra M. Snyder on 11/10/2015. (Rooney, M)
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Filing 72
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 11/6/2015. Counsel advised, given the press of court business, that the Court did not have enough time to review informal letter briefs, study interrogatories and responses, the subjects of which the conference was about, to make informed recommendations. Counsel agreed to continue to meet and confer about remaining disputes. Should the parties require additional assistance from the Court, a FURTHER TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 11/18/2015 at 10:00 AM before Magistrate Judge Sandra M. Snyder. Counsel to submit a maximum 5-page letter brief directly to chambers regarding any remaining discovery disputes on/before 4:00 PM on 11/16/2015 at smsorders@caed.uscourts.gov. The parties are to initiate a one-line conference call to chambers at (559) 499-5690. Plaintiffs' Counsel Charles Cordero, Donald Fischbach, Eric Kennedy, and Matthew Brown telephonically present. Defense Counsel Jon Wilson and Erin Kolmansberger appearing telephonically on behalf of defendant RehabCare Group, Inc., and David Jordan appearing telephonically on behalf of Cannon and Associates, LLC. (Rooney, M)
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Filing 71
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to a request by plaintiffs and defendant Cannon and Associates, LLC, a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 11/6/2015 at 03:00 PM before Magistrate Judge Sandra M. Snyder. The parties may each submit a brief of no more than five pages (samples of discovery in dispute may be attached), in Word format, and emailed to smsorders@caed.uscourts.gov. Said briefs are to be received by 4:00 pm on 11/4/2015 for review by the Court. The parties are further directed to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 11/2/2015. (Rooney, M)
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Filing 70
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of defendant RehabCare Group, Inc., the Telephonic Informal Discovery Dispute Conference re RehabCare Group's request for production of documents no. 7, document 69 , currently set for 10/28/2015 before Magistrate Judge Sandra M. Snyder, is VACATED. The parties have notified the Court that they are re-evaluating the need for such a hearing, to be re-noticed, if necessary. Minute Order signed by Magistrate Judge Sandra M. Snyder on 10/22/2015. (Rooney, M)
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Filing 69
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of the parties, and in agreement by the Court, a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 10/28/2015 at 02:30 PM before Magistrate Judge Sandra M. Snyder. The parties wish to discuss RehabCare Group's request for production of documents no. 7. As such, plaintiffs and defendant Rehabcare Group, LLC, are to each submit a synopsis of no more than two pages, outlining the issue(s) in dispute, to be emailed to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 10/26/2015 at 12:00 PM. Minute Order signed by Magistrate Judge Sandra M. Snyder on 10/15/2015. (Rooney, M)
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Filing 68
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 10/14/2015. Plaintiffs and defendant, Cannon and Associates, LLC, doing business as Polaris Group, each submitted informal two-page letter briefs summarizing the discovery dispute. The conference lasting fifty minutes, with significant input from both sides, was concluded with the Court encouraging defendant to serve outstanding discovery responses on 10/16/2015 as planned, allowing plaintiffs' counsel to assess adequacy, providing more focus on dispute about defendant's anticipated objections, inviting meaningful meet-and-confer prior to resetting another informal discovery dispute conference with the Court. Plaintiffs' counsel Matthew Brown to contact CRD Michelle Rooney for date to continue this dispute conference, if needed. Plaintiffs withdrew their motion to compel, document #66 , set for 10/28/2015, without prejudice to refile same if needed. Plaintiffs' Counsel Donald Fischbach and Matthew Brown telephonically present. Defendants' Counsel Jon Wilson, Melissa Gomberg, and Erin Kolmansberger telephonically present on behalf of RehabCare Group, Inc., and David Jordan telephonically present on behalf of Cannon and Associates, LLC. (Rooney, M)
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Filing 67
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of counsel, a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE between plaintiffs R. Fellen, Inc. and Dakota Medical, Inc. and defendant Canon and Associates, LLC is set for 10/14/2015 at 11:00 AM before Magistrate Judge Sandra M. Snyder. The parties are to initiate a one-line conference call to chambers at (559) 499-5690. A short synopsis of no more than two pages each, outlining the issue(s) in dispute, is to be submitted to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 10/14/2015 at 9:00 AM. Minute Order signed by Magistrate Judge Sandra M. Snyder on 10/13/2015. (Rooney, M)
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Filing 66
MOTION TO COMPEL ANSWERS to Discovery Requests by Dakota Medical, Inc., R. Fellen, Inc. Motion Hearing SET for 10/28/2015 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Cordero, Charles) Modified on 10/8/2015 (Michel, G.).
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Filing 65
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held, in chambers and off the record, on 9/30/2015. After much discussion with the Court and amongst the parties, counsel will continue to meet and confer re unresolved matters. Plaintiffs' Counsel Eric Kennedy and Donald Fischbach, both telephonically present. Defense Counsel Oliver Wanger, Jon Wilson, Melissa Gomberg, and Erin Kolmansberger, all telephonically present on behalf of defendant RehabCare Group, Inc. (Rooney, M)
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Filing 64
NOTICE of APPEARANCE by Daniel Friedman Lula on behalf of Dakota Medical, Inc., R. Fellen, Inc.. Attorney Lula, Daniel Friedman added. (Lula, Daniel)
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Filing 63
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of the parties, a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE is set for 9/30/2015 at 02:00 PM before Magistrate Judge Sandra M. Snyder. The parties are to initiate a one-line conference call to chambers at (559) 499-5690. A short synopsis of no more than two pages each, outlining the issue(s) in dispute, is to be submitted to smsorders@caed.uscourts.gov for the Court's review. Said synopses are to be received by 9/28/2015 at 12:00 PM. Minute Order signed by Magistrate Judge Sandra M. Snyder on 9/23/2015. (Rooney, M)
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Filing 62
ORDER AMENDING The STATUS (PRETRIAL SCHEDULING ORDER) signed by Judge Garland E. Burrell, Jr on 9/22/15. The motion for class certification shall be filed no later than 4/20/16; an opposition or statement of non-opposition to the Motion shall be filed no later than 5/31/16; and any reply shall be filed no later than 6/28/16. The hearing on the Motion shall be noticed for 7/25/16, at 9:00 a.m. All Discovery shall be completed by 9/19/2016. And (C)'s initial expert witness disclosure requirements on or before 4/20/16, and any contradictory and/or rebuttal expert on or before 5/30/16. The last hearing date for Motions shall be 11/28/2016, commencing at 9:00 a.m. The Final Pretrial Conference is SET for 1/23/2017 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. And Trial is scheduled to commence at 09:00 AM on 4/4/2017, in courtroom 10.(Mena-Sanchez, L)
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Filing 61
REPLY by RehabCare Group, Inc. re #60 Response. (Wilson, Jon)
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Filing 60
STATEMENT OF NON-OPPOSITION to #58 Motion to Modify the Status (Pretrial Scheduling) Order by Dakota Medical, Inc., R. Fellen, Inc. (Cordero, Charles) Modified on 9/22/2015 (Michel, G.).
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Filing 59
STIPULATION and PROPOSED ORDER shortening time to hear #58 Motion to modify the Status (Pretrial Scheduling) Order by Cannon & Associates, LLC. (Jordan, David) Modified on 9/21/2015 (Michel, G.).
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Filing 58
MOTION TO MODIFY the #28 Status (Pretrial Scheduling) Order by Cannon & Associates, LLC. Attorney Jordan, David L. ADDED. Motion Hearing SET for 10/19/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. (Attachments: #1 Declaration of David L. Jordan, #2 Exhibit A, #3 Exhibit B) (Jordan, David) Modified on 9/21/2015 (Michel, G.).
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Filing 57
ORDER SUBSTITUTING ATTORNEY, signed by Magistrate Judge Sandra M. Snyder on 8/19/2015. Added attorney Fletcher Carlton Alford for defendant Cannon & Associates, LLC. Attorney Charles Robert Messer terminated. (Marrujo, C)
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Filing 56
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Cannon & Associates, LLC. (Attachments: #1 Proposed Order)(Alford, Fletcher)
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Filing 55
PRO HAC VICE ORDER signed by Judge Garland E. Burrell, Jr on 8/7/15. Added attorney Joel Magolnick, PHV for Dakota Medical, Inc. and R. Fellen, Inc. (Manzer, C)
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Filing 54
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Dakota Medical, Inc., R. Fellen, Inc. for attorney Joel Magolnick to appear Pro Hac Vice. (Filing fee $ 200, receipt number 0972-6020680) (Brown, Matthew)
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Filing 53
PRO HAC VICE ORDER signed by Judge Garland E. Burrell, Jr. on 7/29/2015 ORDERING #52 Attorney Erin K. Kolmansberger, for defendant RehabCare Group, Inc. (Reader, L)
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Filing 52
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by RehabCare Group, Inc. for attorney Erin Kolmansberger to appear Pro Hac Vice. (Filing fee $200.00, receipt number #0972-6005746) (Attachments: #1 Certificate of Good Standing)(Wilson, Jon) Modified on 7/30/2015 (Reader, L).
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Filing 51
Joint Stipulation and Order re: extension of time for Defendant Cannon & Associates, LLC, dba Polaris Group to respond to discovery served May 5, 2015, signed by Magistrate Judge Sandra M. Snyder on 7/17/2015. (Rosales, O)
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Filing 50
Order on stipulation for protective order, signed by Magistrate Judge Sandra M. Snyder on 7/20/2015. (Rosales, O)
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Filing 49
NOTICE of Serving Objections to First Request for Production of Documents and Electronically Stored Information and Objections to First Set of Interrogatories by RehabCare Group, Inc. re #47 Stipulation and Order. (Wilson, Jon) Modified on 7/14/2015 (Reader, L).
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Filing 48
STIPULATION and PROPOSED ORDER for Extension of Time for Defendant Cannon & Associates, LLC, dba Polaris Group, to Respond to Discovery Served May 5, 2015 by Cannon & Associates, LLC. (Messer, Charles)
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Filing 47
STIPULATION and ORDER GRANTING the parties' request for an extension of time for defendant RehabCare Group, Inc., to respond to plaintiffs' discovery requests. Order signed by Magistrate Judge Sandra M. Snyder on 7/7/2015. (Rooney, M)
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Filing 46
STIPULATION and PROPOSED ORDER for Extending Time for RehabCare Group, Inc., to Respond to Plaintiffs' Discovery Requests by RehabCare Group, Inc. (Wilson, Jon)
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Filing 45
STIPULATION and PROPOSED ORDER for Protective Order by RehabCare Group, Inc.. (Gomberg, Melissa)
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Filing 44
MINUTES (Text Only) for proceedings before Magistrate Judge Sandra M. Snyder: TELEPHONIC INFORMAL DISCOVERY CONFERENCE held, in chambers and off the record, on 7/1/2015. After much discussion regarding defendant RehabCare Group, Inc.'s motion for enlargement of time, document #39 , the parties agreed to file a stipulation regarding same or, each party will submit a proposed order for signature by Magistrate Judge Sandra M. Snyder. The Court sets a deadline of 7/6/2015 for receipt of same. Plaintiffs' Counsel Charles Cordero and Mark Kruthers telephonically present. Defendant's Counsel Oliver Wanger, Jon Wilson, Melissa Gomberg, and Erin Kolmansberger telephonically present. (Rooney, M)
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Filing 43
RESPONSE by Dakota Medical, Inc., R. Fellen, Inc. to #39 MOTION for 30-DAY EXTENSION OF TIME. (Cordero, Charles)
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Filing 42
BRIEF in Support of RehabCare Group, Inc.'s Amended Motion for Enlargment of Time to Respond to Discovery and for Protective Order by RehabCare Group, Inc.. (Wilson, Jon)
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Filing 41
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of the parties, a TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE regarding defendant RehabCare Group, Inc.'s motion for an extension of time, document #39 , is set for 7/1/2015 at 11:00 AM before Magistrate Judge Sandra M. Snyder. The parties may file an optional brief of up to two pages outlining the dispute. Said briefs shall be emailed to chambers at smsorders@caed.uscourts.gov by 10:00 AM on Wednesday, 7/1/2015. To appear telephonically, the parties are to initiate a one-line conference call to chambers at (559) 499-5690. Minute Order signed by Magistrate Judge Sandra M. Snyder on 6/30/2015. (Rooney, M)
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Filing 40
DECLARATION of Jon M. Wilson in SUPPORT OF #39 MOTION for 30-DAY EXTENSION OF TIME. (Wilson, Jon) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 39
MOTION for 30-DAY EXTENSION OF TIME to Amended Motion for Enlargement of Time to Respond to Discovery and for Protective Order re #36 by RehabCare Group, Inc. (Wilson, Jon) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 38
NOTICE of APPEARANCE by Stephen Albert Watkins on behalf of Cannon & Associates, LLC. Attorney Watkins, Stephen Albert added. (Watkins, Stephen)
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Filing 37
DECLARATION of Jon M. Wilson in SUPPORT OF #36 MOTION for 30-DAY EXTENSION OF TIME. (Attachments: #1 Exhibit A to Declaration of Jon M. Wilson, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wilson, Jon) Modified on 6/29/2015 (Mena-Sanchez, L).
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Filing 36
MOTION for 30-DAY EXTENSION OF TIME to Respond to Discovery and for Protective Order by RehabCare Group, Inc. (Wilson, Jon)
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Filing 35
STIPULATION for Extension of Time for Defendant RehabCare Group Inc. to Respond to Plaintiffs' Discovery by RehabCare Group, Inc.. (Gomberg, Melissa)
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Filing 34
DECLARATION of Michael L. Fellen in SUPPORT of #29 MOTION to CERTIFY CLASS. (Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 33
DECLARATION of Henry E. LeVine Jr. in SUPPORT of #29 MOTION to CERTIFY CLASS. (Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 32
DECLARATION of Robert Bibberstaff in SUPPORT of #29 MOTION to CERTIFY CLASS. (Attachments: #1 Exhibit A)(Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 31
DECLARATION of Scott Z. Zimmerman in SUPPORT of #29 Plaintiffs' Protective Motion for Class Certification. (Attachments: #1 Exhibit A)(Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 30
DECLARATION of C. Darryl Cordero in SUPPORT of #29 Plaintiffs' Protective MOTION for Class Certification. (Attachments: #1 Exhibit A , #2 Exhibit B)(Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 29
NOTICE OF MOTION for Protective Class Certification by Dakota Medical, Inc., R. Fellen, Inc. Motion Hearing SET for 2/22/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Protective Motion, #2 Proposed Order)(Kennedy, Eric) Modified on 6/30/2015 (Mena-Sanchez, L).
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Filing 28
STATUS PRETRIAL SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr. on 4/27/2015 ORDERING that the Status Pretrial Scheduling Conference scheduled for 5/4/2015 is VACATED; Motion for Class Certification shall be filed by 11/20/2015, Opposition or Statement of Non-Opposition by 12/30/2015, any reply by 1/25/2016; the hearing on the motion shall be noticed for 2/22/2016 at 9:00 AM; Discovery due by 4/18/2016; Initial Expert witness disclosure by 11/20/2015; and any contradictory and/or rebuttal expert disclosure by 12/30/2015; the last hearing date for a motion is 6/20/2016, commencing at 9:00 AM; Final Pretrial Conference set for 8/22/2016 at 02:30 PM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr; Trial set for 11/1/2016 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L)
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Filing 27
NOTICE of APPEARANCE by Charles Robert Messer on behalf of Cannon & Associates, LLC. Attorney Messer, Charles Robert added. (Messer, Charles)
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Filing 26
JOINT STATUS REPORT by R. Fellen, Inc.. (Cordero, Charles)
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Filing 25
PRO HAC VICE ORDER signed by Judge Garland E. Burrell, Jr on 3/5/15 re #24 . Added attorney Melissa Jill Gomberg, PHV for RehabCare Group, Inc. (Meuleman, A)
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RECEIPT number CAE100028517 for $200.00 fbo Pro Hac Vice Application #24 , from Broad & Cassel. (Hellings, J)
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Filing 24
PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by RehabCare Group, Inc. for attorney Melissa Jill Gomberg to appear Pro Hac Vice. (Wilson, Jon)
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Filing 23
NOTICE of APPEARANCE by Matthew K. Brown on behalf of Dakota Medical, Inc., R. Fellen, Inc.. Attorney Brown, Matthew K. added. (Brown, Matthew)
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Filing 22
STATEMENT of Corporate Disclosure Statement by Defendant Cannon & Associates, LLC. (Kaminski, David)
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Filing 21
ANSWER by Cannon & Associates, LLC.(Kaminski, David)
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Filing 20
CLERK'S NOTICE of DOCKET CORRECTION re #19 Decline of Jurisdiction of US Magistrate Judge: Please DISREGARD Decline - Filed in Wrong Case. (Marrujo, C)
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Filing 19
***DISREGARD - Filed in Wrong Case*** DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Cannon & Associates, LLC. Attorney Gabriel, Tamar added. (Gabriel, Tamar)
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Filing 18
NOTICE of APPEARANCE by Oliver W. Wanger on behalf of RehabCare Group, Inc.. Attorney Wanger, Oliver W. added. (Wanger, Oliver)
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Filing 17
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 5/4/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Attachments: #1 Consent Form, #2 VDRP) (Donati, J)
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Filing 16
CLERK'S NOTICE (text only): This case has been assigned to Judge Garland E. Burrell, Jr. The new case number is 1:14-cv-02081-GEB-SMS. (Jessen, A)
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Filing 15
MINUTE ORDER: (TEXT ENTRY ONLY) As defendant RehabCare Group, Inc. has filed a decline to magistrate jurisdiction, document #14 , the Court DIRECTS the Clerk's Office to randomly assign a SACRAMENTO District Judge to this matter. The Court further VACATES any and all pending deadlines and hearings before Magistrate Judge Sandra M. Snyder. Minute Order signed by Magistrate Judge Sandra M. Snyder on 1/30/2015. (Rooney, M)
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Filing 14
DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by RehabCare Group, Inc.. (Wilson, Jon)
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Filing 13
STIPULATION re #1 Complaint, Joint Stipulation Extending Time to Respond to Complaint by Cannon & Associates, LLC. Attorney Kaminski, David Jay added. (Kaminski, David)
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Filing 12
NOTICE Disclosure Statement Pursuant to Fed.R. Civ. P. 7.1 by RehabCare Group, Inc.. (Wilson, Jon)
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Filing 11
NOTICE of Claim of Unconstitutionality by RehabCare Group, Inc.. (Wilson, Jon)
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Filing 10
ANSWER with Jury Demand by RehabCare Group, Inc.. Attorney Wilson, Jon Martin added.(Wilson, Jon)
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Filing 9
SUMMONS RETURNED EXECUTED: Cannon & Associates, LLC served on 12/31/2014, answer due 1/21/2015. (Kruthers, Mark)
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Filing 8
SUMMONS RETURNED EXECUTED: RehabCare Group, Inc. served on 12/30/2014, answer due 1/20/2015. (Kruthers, Mark)
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Filing 7
CLERK'S NOTICE of DOCKET CORRECTION (text only): The Status Conference re Consent/Initial Scheduling Conference set for 3/25/2014 at 01:30 PM was set in error. The correct date for the Status Conference re Consent/Initial Scheduling Conference is 3/25/2015 at 01:30 PM in Courtroom 1(SMS) before Magistrate Judge Sandra M. Snyder. (Fahrney, E)
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Filing 6
SUMMONS ISSUED as to *RehabCare Group, Inc.* with answer to complaint due within *21* days. Attorney *Donald Richard Fischbach* *Dowling Aaron Incorporated* *8080 N. Palm Avenue, Third Floor* *Fresno, CA 93711*. (Fahrney, E)
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Filing 5
SUMMONS ISSUED as to *Cannon & Associates, LLC* with answer to complaint due within *21* days. Attorney *Donald Richard Fischbach* *Dowling Aaron Incorporated* *8080 N. Palm Avenue, Third Floor* *Fresno, CA 93711*. (Fahrney, E)
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Filing 4
CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 3/25/2014 at 01:30 PM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Attachments: #1 Order Assigning Action to Sac DJ, #2 Consent Form, #3 VDRP) (Fahrney, E)
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Filing 3
CIVIL COVER SHEET by Dakota Medical, Inc., R. Fellen, Inc. (Kruthers, Mark)
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Filing 2
CLERK'S NOTICE to Attorney Mark Kruthers (text only): Under Local Rule 3-200, every complaint, amended complaint, or other document initiating a civil action shall be accompanied by a completed civil cover sheet, on a form available from the Clerk and on the Court's website. Please file your civil cover sheet. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Fahrney, E)
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Filing 1
COMPLAINT for Violations of the Telephone Consumer Protection Act against All Defendants by R. Fellen, Inc., Dakota Medical, Inc.. (Filing fee $ 400, receipt number 0972-5673140) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kruthers, Mark)
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