Chaudhry et al v. Smith et al
| Chaudhry, Valley Cardiac Surgery Medical Group and Pervaiz A. Chaudhry, M.D. |
| Smith, Shirley Campbell, Steven Lopez, Dr. Karen Smith, Deidre Kappmeyer, Eric Creer, Bea Hensleit and Sonia Angell |
| Fresno Community Hospital and Medical Center |
| 1:2016cv01243 |
| August 19, 2016 |
| US District Court for the Eastern District of California |
| Fresno Office |
| Fresno |
| Stanley A Boone |
| Lawrence J O'Neill |
| Michael J Seng |
| Civil Rights: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.
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Filing 182
MINUTES (Text Only) for proceedings held before Magistrate Judge Stanley A. Boone: BENCH TRIAL completed on 5/10/2021. Closing arguments. The Court takes the matter under submission. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson and T. Kharazi present. Defendants Counsel Diana Esquivel present. Court Reporter/CD Number: Karen Hooven present. (Hernandez, M)
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Filing 181
EXHIBIT and WITNESS LIST.(Lundstrom, T)
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Filing 180
RESPONSE by Sonia Angell, Shirley Campbell, Steven Lopez to #177 Brief. (Esquivel, Diana)
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Filing 179
OBJECTIONS by Defendants Sonia Angell, Shirley Campbell, Steven Lopez to #176 Notice - Other. (Esquivel, Diana)
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Filing 178
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone held in person and via video: BENCH TRIAL (Day 4) held on 5/7/2021. Witness Pervaiz Chaudhry resumed testimony. The parties address exhibits. Exhibits 138, 138A, 132A, 133A, 134A were admitted into evidence and later WITHDRAWN by Plaintiff. Witness sworn and testified Kristoffer Hall. Motion for Judgment is reserved. Parties rest. Closing arguments set for Monday. Bench Trial (DAY 5) CONTINUED to 5/10/2021, at 1:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs' Counsel Thornton Davidson and Ty Kharazi present. Defendants' Counsel Diana Esquivel present. Court Reporter/CD Number: Karen Hooven. (Apodaca, P)
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Filing 177
BRIEF in Support of the Admission of Trial Testimony of Third-Party Witness Laura McComb from Alvarez v Fresno Community Hospital filed by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 176
NOTICE of Designation of Deposition Testimony Adams Yousef by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 175
MINUTES (TEXT ONLY) for proceedings before Magistrate Judge Stanley A. Boone both in person and via video: BENCH TRIAL (Day 3) held on 5/6/2021. Plaintiffs witnesses: Thomas Utecht, Steven Lopez, John Englebert sworn and testified. Pervaiz Chaudhry resumed testimony. Pursuant to stipulation of parties, Plaintiffs exhibits 116 and 117 admitted into evidence. Plaintiffs are to submit the missing pages from exhibit 138 by no later than 8:00 PM today. Court releases parties for the evening and ordered to return at 9:00 am tomorrow morning. Bench Trial (Day 4) CONTINUED to 5/7/2021, at 8:45 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiff Counsel: Thornton Davidson and Ty Kharazi -present. Defense Counsel: Diana Esquivel - present, Ronaldo Cristobal (IT assistant) - present. Court Reporter/CD Number: Karen Hooven. (Apodaca, P)
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Filing 174
MINUTES (TEXT ONLY) for proceedings before Magistrate Judge Stanley A. Boone both in person and via video: BENCH TRIAL (Day 2) held on 5/5/2021. Plaintiffs' motion to exclude witnesses was granted. Plaintiffs' witnesses: Shirley Campbell resumed testimony, Laura McComb, Everett Davis, Aaron Schreur, and Pervaiz Chaudhry sworn and testified. Pursuant to stipulation of parties, Plaintiffs' exhibits 101-107, 109-111, 113, 115, 122-124, 126-127, 131 and Defense's exhibits 500-505, 507-514, 519-521, 525 admitted into evidence. Court releases parties for the evening and ordered to return at 9:00 am tomorrow morning. Bench Trial (Day 3) CONTINUED to 5/6/2021, at 9:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiff Counsel: Thornton Davidson and Ty Kharazi - present. Defense Counsel: Diana Esquivel - present, Ronaldo Cristobal (IT assistant) - present. Court Reporter/CD Number: Karen Hooven. (Apodaca, P)
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Filing 173
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone both in person and via video: BENCH TRIAL (Day 1) as to Pervaiz Chaudhry et al. v. Steven Lopez et al., held on 5/4/2021. All parties present. Opening statements made by Plaintiff and Defense. Plaintiffs' witness Shirley Campbell sworn and testified. The Court breaks for lunch at 11:56 AM. The Court reconvenes at 1:00 PM and continues with testimony. The Court takes its afternoon break and reconvenes at 3:00 PM. Parties excused and ordered to return tomorrow morning at 9:00 AM. Bench Trial (Day 2) CONTINUED to 5/5/2021, at 9:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs' Counsel: Thornton Davidson and Ty Kharazi - present. Defense Counsel: - Diana Esquivel present. Court Reporter/CD Number: Karen Hooven. (Apodaca, P)
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Filing 172
RESPONSE by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #170 Objections. (Kharazi, Hadi)
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Filing 171
REQUEST for JUDICIAL NOTICE by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 170
OBJECTIONS by Defendants Sonia Angell, Shirley Campbell, Steven Lopez to #160 Objections. (Esquivel, Diana)
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Filing 169
NOTICE of Errata re: Defendants' Trial Exhibits by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 168
ORDER DENYING PLAINTIFFS' APPLICATION FOR ORDER TO SHOW CAUSE. IT IS HEREBY ORDERED that Plaintiffs' ex parte application for an order to show cause why a contempt citation should not issue against nonparty CRMC (ECF No. #151 ), is DENIED. Order signed by Magistrate Judge Stanley A. Boone on 4/29/2021. (Apodaca, P)
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Filing 167
ORDER GRANTING NONPARTY CRMC'S MOTION TO QUASH TRIAL SUBPOENA signed by Magistrate Judge Stanley A. Boone on 4/28/2021. Based on the foregoing, it is HEREBY ORDERED that nonparty Fresno Community Hospital and Medical Center, dba Community Regional Medical Center's motion to quash the trial subpoena served by Plaintiffs Pervaiz Chaudhry and Valley Cardiac Surgery Medical Group (ECF No. #153 ), is GRANTED. (Gonzales, V)
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Filing 166
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: ORDER TO SHOW CAUSE AND MOTION TO QUASH hearing held on 4/28/2021. Motions Submitted. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson and Ty Kharazi - via video present. Defendants Counsel Diana Esquivel - telephonically present. CRMC Counsel: Karen Ray - via vidoe present. Court Reporter/CD Number: Karen Hooven - via video present. (Gonzales, V)
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Filing 165
OPPOSITION by Pervaiz A. Chaudhry, MD to #153 Motion to Quash,. (Davidson, Thornton)
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Filing 164
RESPONSE by Fresno Community Hospital and Medical Center to #152 Order,,,, Set/Reset Deadlines and Hearings,,,. (Attachments: #1 Declaration of Karen J. Ray in Support of Opposition to Plaintiffs' Ex Parte Application)(Ray, Karen)
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Filing 163
ORDER GRANTING NONPARTY CRMC'S EX PARTE APPLICATION TO SHORTEN TIME AND SETTING HEARING ON CRMC'S MOTION TO QUASH FOR APRIL 28, 2021 signed by Magistrate Judge Stanley A. Boone on 4/27/2021. IT IS HEREBY ORDERED Nonparty CRMC's ex parte application to hear the motion to quash on shortened time is GRANTED. A hearing on CRMC's motion to quash is set for April 28, 2021, at 10:00 a.m. in Courtroom 9. Plaintiffs' opposition to nonparty CRMC's motion to quash shall be filed by 4:00 p.m. on April 27, 2021. (Gonzales, V)
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Filing 162
NOTICE of Defendants' Deposition Designations re: Adams Yussif by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 161
EXHIBIT LIST -Final by Sonia Angell, Shirley Campbell, Steven Lopez.(Esquivel, Diana)
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Filing 160
OBJECTIONS by Plaintiffs Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 159
EXHIBIT LIST by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group.(Kharazi, Hadi)
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Filing 158
WITNESS LIST by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group.(Kharazi, Hadi)
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Filing 157
NOTICE of Lodging Deposition Transcripts in Electronic Format with the Court by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 156
NOTICE of Defendants' Counter Designations by Sonia Angell, Shirley Campbell, Steven Lopez re #147 Notice - Other. (Esquivel, Diana)
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Filing 155
WITNESS LIST by Sonia Angell, Shirley Campbell, Steven Lopez.(Esquivel, Diana)
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Filing 154
NOTICE OF LODGING DOCUMENT(S) ELECTRONICALLY by Sonia Angell, Shirley Campbell, Steven Lopez: Deposition/Trial Transcripts in Electronic Format. (Esquivel, Diana)
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Filing 153
MOTION to QUASH Subpoena, or in the Alternative,Ex Parte Application for an Order Shortening Time to Hear Motion to Quash Subpoena by Fresno Community Hospital and Medical Center. (Attachments: #1 Declaration of Karen J. Ray in Support of Ex Parte Motion to Quash Subpoena, #2 Proposed Order on Ex Parte Application for an Order Shortening, #3 Proposed Order on Ex Parte Motion to Quash Subpoena)(Ray, Karen)
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Filing 152
ORDER SETTING HEARING ON PLAINTIFFS APPLICATION FOR ORDER TO SHOW CAUSE FOR APRIL 28, 2021 signed by Magistrate Judge Stanley A. Boone on 4/23/2021. IT IS HEREBY ORDERED a hearing on Plaintiffs' application for an order to show cause why a contempt sanction should not issue for CRMC's failure to comply with the court order requiring production of the peer review file is set for April 28, 2021, at 10:00 a.m. in Courtroom 9. Plaintiffs shall serve a copy of this order on counsel for CRMC by 5:00 p.m. on April 23, 2021 CRMC's opposition to the motion shall be filed by 4:00 p.m. on April 27, 2021. Counsel for Plaintiffs shall be prepared to address at the hearing their diligence in bringing this matter before the Court. (Gonzales, V)
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Filing 151
EX PARTE APPLICATION by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group for an Order to Show Cause Why a Contempt Citation Should Not Issue for Failure to Comply with Court Order for Production of Peer Review File. (Attachments: #1 Declaration of Thornton Davidson in Support of Application for an Order to Show Cause)(Kharazi, Hadi)
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Filing 150
ORDER FOLLOWING HEARING signed by Magistrate Judge Stanley A. Boone on 4/23/2021. IT IS HEREBY ORDERED the deadline to designate deposition testimony is extended to April 26, 2021. The deadline for counter designations is extended to April 29, 2021. The parties are to lodge all deposition transcripts that will be used at trial in the electronic evidence box no later than April 26, 2021.(Gonzales, V)
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Filing 149
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE re TRIAL held on 4/22/2021. Counsel to be present for the trial. Counsel will work amongst themselves as to who will appear in person, or by video. Discussed designations - order to follow. Plaintiffs Counsel Ty Kharazi and Thornton Davidson - via video present. Defendants Counsel Diana Esquivel - via video present. Court Reporter/CD Number: Otilia Rosales - via video present. (Gonzales, V)
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Filing 148
NOTICE of Defendants' Deposition Designations by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 147
NOTICE of Designation of Deposition Testimony by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 146
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE re TRIAL held on 4/19/2021. Parties consent to video appearance. Hearing continued to allow counsel to provide additional information to the Court. Status Conference re TRIAL (Continued) set for 4/22/2021 at 04:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Thornton Davidson - via video present. Defendants Counsel Diana Esquivel - via video present. Court Reporter/CD Number: Otilia Rosales - via video present. (Gonzales, V)
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Filing 145
ORDER RE STIPULATED REQUEST TO EXTEND DEADLINE FOR DEPOSITION TESTIMONY DESIGNATIONS signed by Magistrate Judge Stanley A. Boone on 4/14/2021. IT IS HEREBY ORDERED the deadline to file and serve deposition testimony designations shall be extended until April 20, 2021. (Gonzales, V)
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Filing 144
STIPULATION and PROPOSED ORDER for 4-Day Extension of Deadline to File Deposition Designations by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 143
Order re electronic evidence at trial, signed by Magistrate Judge Stanley A. Boone on 4/14/2021. (Exhibits shall be uploaded by 4/26/2021; Video Status Conference re Trial set for 4/19/2021 at 11:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone)(Rosales, O.)
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Filing 142
ORDER DISCHARGING ORDER TO SHOW CAUSE AND VACATING MARCH 24, 2021 HEARING. Signed by Magistrate Judge Stanley A. Boone on 3/18/2021(Hernandez, M)
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Filing 141
NOTICE of Waiver of Jury Trial by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 140
ORDER RE RESPONSE TO ORDER TO SHOW CAUSE. TWO DAY DEADLINE. signed by Magistrate Judge Stanley A. Boone on 3/17/2021(Hernandez, M)
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Filing 139
DECLARATION of H Ty Kharazi in Response to OSC re #135 Order. (Kharazi, Hadi)
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Filing 138
ORDER DISCHARGING MARCH 11, 2021 ORDER TO SHOW CAUSE AS TO DEFENDANTS ONLY AND REQUIRING PLAINTIFFS TO APPEAR ON MARCH 24, 2021 AT 10:00 A.M. IN COURTROOM 9 TO SHOW CAUSE WHY MONETARY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY signed by Magistrate Judge Stanley A. Boone on 3/17/2021, ( Show Cause Hearing set for 3/24/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.)(Hernandez, M)
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Filing 137
RESPONSE to #135 ORDER to SHOW CAUSE by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 136
NOTICE of Waiver of Jury Trial by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 135
ORDER REQUIRING PARTIES TO SHOW CAUSE WHY SANCTIONS SHOULD NOT ISSUE FOR FAILURE TO COMPLY WITH ORDERS. (FIVE DAY DEADLINE). Signed by Magistrate Judge Stanley A. Boone on 3/11/2021(Hernandez, M)
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Filing 134
FIFTH AMENDED PRETRIAL ORDER. ORDER REQUIRING PARTIES TO FILE WAIVER OF JURY TRIAL WITHIN FIVE DAYS. Trial Date: May 4, 2021 at 9:00 a.m. in Courtroom 9 (SAB) (5 days). Signed by Magistrate Judge Stanley A. Boone on 3/5/2021(Hernandez, M)
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Filing 133
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE held on 3/5/2021, Bench Trial set for 5/4/2021 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson, Ty Kharazi via video present. Defendants Counsel D Esquivel via video present. Court Reporter/CD Number: Karen Hooven via video. (Hernandez, M)
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Filing 132
ORDER VACATING JANUARY 25, 2021 TRIAL AND DEADLINES IN AMENDED PRETRIAL ORDER AND SETTING STATUS CONFERENCE FOR MARCH 5, 2021. Accordingly, IT IS HEREBY ORDERED that: The trial of this matter set for January 25, 2021, and the deadlines in the amended pretrial order shall be VACATED; and A status conference is set for March 5, 2021, at 1:30 p.m. in Courtroom 9. Signed by Magistrate Judge Stanley A. Boone on 1/15/2021(Hernandez, M)
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Filing 131
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE held on 1/15/2021, The Court sets a Further Status Conference for 3/5/2021 at 01:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Thornton Davidson and T Kharazi via video present. Defendants Counsel D Esquivel via video present. Court Reporter/CD Number: ECRO O Rosales via video. (Hernandez, M)
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Filing 130
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 1/13/2021: (Text Only Entry) Pursuant to the parties request the Court set a Status Conference for 1/15/2021 at 01:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties have been provided with the video conference passcode. (Hernandez, M)
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Filing 129
ORDER FOLLOWING INFORMAL STATUS CONFERENCE signed by Magistrate Judge Stanley A. Boone on 1/8/2021(Hernandez, M)
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Filing 128
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS CONFERENCE held on 1/8/2021. The parties shall submit a stipulation to continue the bench trial or contact the clerk by 1/13/2021. The Court to issue a written order. Plaintiffs Counsel H Kharazi via video present. Defendants Counsel D Esquivel via video present. Court Reporter/CD Number: off record - via video. (Hernandez, M)
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Filing 127
ORDER RE STIPULATION TO AMEND PRETRIAL ORDER. IT IS HEREBY ORDERED that third amended pretrial order (ECF No. 116) is modified as follows: The parties shall file and serve their deposition designations on or before January 11, 2021; The parties shall file and serve their final exhibit lists and submit their pre-marked exhibits on or before January 15, 2021; and All other aspects of the November 2, 2020 third amended pretrial order remain in effect. Signed by Magistrate Judge Stanley A. Boone on 1/4/2021(Hernandez, M)
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Filing 126
MINUTE ORDER signed by Magistrate Judge Stanley A. Boone on 1/4/2021: (Text Only Entry). Pursuant to the parties request, the Court set a video conference Status Conference to discuss scheduling issues with the parties. Status Hearing set for 1/8/2021 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties have been provided with the video conference and passcode information. (Hernandez, M)
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Filing 125
STIPULATION and PROPOSED ORDER for Extension to File Deposition Designations and Exhibit Lists and to Submit Trial Exhibits by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 124
ORDER ENTERING Stipulated Protective Order, signed by Magistrate Judge Stanley A. Boone on 12/21/2020. (Rivera, O)
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Filing 123
STIPULATION and PROPOSED ORDER for Protective Order by Sonia Angell, Shirley Campbell, Steven Lopez. (Esquivel, Diana)
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Filing 122
ORDER GRANTING IN PART DEFENDANTS MOTION TO COMPEL THIRD PARTY COMMUNITY REGIONAL MEDICAL CENTER TO PRODUCE DOCUMENTS. Signed by Magistrate Judge Stanley A. Boone on 12/7/2020. (Hernandez, M)
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Filing 121
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: MOTION HEARING RE DEFENDANTS MOTION TO COMPEL HEARING held on 12/2/2020, MOTIONS SUBMITTED: The Court to issue a written order. Plaintiffs Counsel Hadi Kharazi via video. Defendants Counsel Diana Esquivel via video. Karen Ray for Fresno Community Hospital via video. Court Reporter/CD Number: ECRO O Rosales via video. (Hernandez, M)
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Filing 120
REPLY by Sonia Angell, Shirley Campbell, Steven Lopez re #119 Opposition to Motion. (Esquivel, Diana)
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Filing 119
OPPOSITION by Fresno Community Hospital and Medical Center to #118 Motion to Compel,. (Ray, Karen)
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Filing 118
AMENDED MOTION to COMPEL amending #117 Motion to Compel Compliance with Subpoena to Third Party CRMC by Sonia Angell, Shirley Campbell, Steven Lopez. Motion Hearing set for 12/2/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Esquivel, Diana)
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Filing 117
MOTION to COMPEL Compliance with Subpeona to Third Party CRMC by Sonia Angell, Shirley Campbell, Steven Lopez. Motion Hearing set for 12/2/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Esquivel, Diana)
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Filing 116
THIRD AMENDED PRETRIAL ORDER. ORDER OPENING DISCOVERY FOR LIMITED PURPOSE OF OBTAINING DOCUMENTS RECORDS FROM COMMUNITY REGIONAL MEDICAL CENTER; Trial Date:January 25, 2021 at 9:00 a.m. in Courtroom 9 (SAB) (5 days); Signed by Magistrate Judge Stanley A. Boone on 11/2/2020(Hernandez, M)
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Filing 115
SECOND AMENDED PRETRIAL ORDER. ORDER OPENING DISCOVERY FOR LIMITED PURPOSE OF OBTAINING DOCUMENTS RECORDS FROM COMMUNITY REGIONAL MEDICAL CENTER. Signed by Magistrate Judge Stanley A. Boone on 10/30/2020. (Hernandez, M)
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Filing 114
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS HEARING held on 9/21/2020. The parties waive Jury Trial. The Court sets a Bench Trial (5 Court Days) set for 1/25/2021 at 09:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Court to issue a written order. Plaintiffs Counsel Ty Kharazi and Thornton Davidson via video. Defendants Counsel Diana Esquivel via video. Court Reporter/CD Number: R Lundy and ECRO A Gil Garcia via video. (Hernandez, M)
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Filing 113
MINUTE ORDER: (TEXT ENTRY ONLY) At the request of the parties, the Status Conference is reset from 9/8/2020 to 9/21/2020 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 9/4/2020. (Apodaca, P)
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Filing 112
MINUTE ORDER: (TEXT ENTRY ONLY) The Status Conference is reset from 8/24/2020 to 9/8/2020 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties provided with video conference information. Signed by Magistrate Judge Stanley A. Boone on 8/21/2020. (Hernandez, M)
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Filing 111
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: STATUS HEARING held on 6/9/2020. The Court sets a Further Status Hearing for 8/24/2020 at 03:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Thornton Davidson via video. Defendants Counsel Diana Esquivel via video. Court Reporter/CD Number: Karen Hooven and ECRO O Rosales via video. (Hernandez, M)
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Filing 110
ORDER GRANTING PLAINTIFFS' MOTION FOR RECONSIDERATION OF IN LIMINE ORDER (ECF No. #104 , #107 ). IT IS HEREBY ORDERED that: Plaintiffs' supplemental briefing construed as a motion for reconsideration of the February 22, 2020 order re motions in limine is GRANTED. Plaintiffs' first in limine to exclude evidence of Perez is GRANTED IN PART and evidence of the damages award in Perez is excluded from the trial of this matter. Plaintiffs' seventh motion in limine to exclude evidence of medical lawsuits filed against Plaintiffs is DENIED. Plaintiffs' eighth motion in limine to exclude evidence of non-medical lawsuits is DENIED. Plaintiffs' fourth motion in limine to exclude the testimony of Dr. Edmunds and Defendants' third motion in limine to exclude the testimony of Drs. Mehdi, Raskin, and Huang are GRANTED. Order signed by Magistrate Judge Stanley A. Boone on 4/24/2020. (Apodaca, P)
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Filing 109
MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: MOTION HEARING RE PLAINTIFFS MOTION FOR RECONSIDERATION held on 4/22/2020. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson and Ty Kharazi. Defendants Counsel Diana Esquivel. Court Reporter/CD Number: R Lundy. ECRO A Timken (Hernandez, M)
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Filing 108
MINUTE ORDER: (TEXT ENTRY ONLY) Plaintiffs Motion for Reconsideration will now be heard at 11:00 a.m. on April 22, 2020 before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 4/20/2020. (Hernandez, M)
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Filing 107
RESPONSE by Sonia Angell, Shirley Campbell, Steven Lopez to #104 Supplement. Attorney Esquivel, Diana added. (Esquivel, Diana)
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Filing 106
ORDER VACATING ALL DATES IN THE PRETRIAL ORDER AND SETTING STATUS CONFERENCE. IT IS HEREBY ORDERED that: The jury trial set for May 11, 2020 is VACATED. All dates in the February 13, 2020 amended pretrial order are vacated. A Status Conference to address setting a trial date is set for 6/9/2020 at 03:00 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Counsel shall contact Courtroom Deputy Mamie Hernandez to appear by Zoom at the June 9, 2020 status conference. Order signed by Magistrate Judge Stanley A. Boone on 4/9/2020. (Apodaca, P)
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Filing 105
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: IN CHAMBERS CONFERENCE TO DISCUSS TRIAL DATE held on 4/9/2020. The Court vacated the upcoming Trial date set for May 11, 2020. Status Conference set for June 9, 2020 at 3:00 pm before Magistrate Judge Stanley A. Boone. Plaintiffs Counsel Diana Esquivel by telephone. Defendants Counsel Ty Kharazi and Thornton Davidson by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
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Filing 104
SUPPLEMENT by Pervaiz A. Chaudhry, MD. (Davidson, Thornton)
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Filing 103
Order re stipulation for Plaintiffs' withdrawal and dismissal of all claims of emotional distress and physical manifestations and additional briefing re Court's order on Motions in Limine, signed by Magistrate Judge Stanley A. Boone on 3/19/2020. (Motion for Reconsideration filed by 3/30/2020; Opposition due by 4/10/2020; Motion Hearing set for 4/22/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Rosales, O.)
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Filing 102
STIPULATION and PROPOSED ORDER for Plaintiffs' Withdrawal and Dismissal of All Claims of Emotional Distress and Physical Manifestations and Additional Briefing re: Court's Order on Motions in Limine by Pervaiz A. Chaudhry, MD. (Davidson, Thornton)
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Filing 101
Order substituting Sonia Angell for Karen Smith as a Defendant in this matter, signed by Magistrate Judge Stanley A. Boone on 3/18/2020. Sonia Angell added. Karen Smith terminated. (Rosales, O.)
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Filing 100
STIPULATION and PROPOSED ORDER for Substitution of Defendant Smith by Shirley Campbell, Steven Lopez, Karen Smith. (Esquivel, Diana)
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Filing 99
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: INFORMAL TELEPHONIC CONFERENCE CALL TO DISCUSS TRIAL DATES held on 3/16/2020. The parties shall submit a proposed order to the Court for review. Plaintiffs Counsel Thornton Davidson, Hadi Kharazi by telephone. Defendants Counsel Diana Esquivel by telephone. Court Reporter/CD Number: In chambers and off the record. (Hernandez, M)
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Filing 98
MINUTE ORDER: (TEXT ENTRY ONLY) Pursuant to the request of the parties, a Telephonic Conference Call to discuss Trial is set for 3/16/2020 at 11:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties have been provided with the teleconference number and pass code. Signed by Magistrate Judge Stanley A. Boone on 3/11/2020. (Hernandez, M)
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Filing 97
ORDER RE MOTIONS IN LIMINE. IT IS HEREBY ORDERED that: Plaintiffs motions in limine nos. 5, 9, and 12 are GRANTED; Plaintiffs motions in limine nos. 1, 2, 3, 4, 6, 7, 8, 10, and 11, are DENIED; Defendants motions in limine nos. 1, 2, 5, 6 are GRANTED; Defendants motions in limine no. 7 is DENIED without prejudice; and Defendants motion in limine no. 3 is GRANTED IN PART and Plaintiffs expert witnesses may only testify as to their percipient knowledge developed in treating Plaintiff Chaudhry or preparing Plaintiffs tax return; Defendants motion in limine no. 4 is GRANTED IN PART AND DENIED IN PART as follows: a. The motion to exclude testimony from Plaintiffs former attorneys as to economic loss or causation is GRANTED; and b. The motion to exclude Plaintiff Chaudhrys testimony regarding business valuation or losses is DENIED. Signed by Magistrate Judge Stanley A. Boone on 2/21/2020. (Hernandez, M)
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Filing 96
AMENDED PRETRIAL ORDER - Jury Trial (5 Days) set for 5/11/2020 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/13/2020. (Hernandez, M)
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Filing 95
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: MOTION IN LIMINE HEARING held on 2/7/2020, The Jury Trial (5 days) is reset from 2/25/2020 to 5/11/2020 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson present; Ty Kharazi by telephone. Defendants Counsel Diana Esquivel by telephone. Court Reporter/CD Number: Rachael Lundy. (Hernandez, M)
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Filing 94
MINUTE ORDER: (TEXT ENTRY ONLY) THE COURT RESETS THE TIME ONLY FOR THE FOLLOWING MOTIONS IN LIMINE #91 MOTION IN LIMINE Nos. 1-7 and #90 MOTION IN LIMINE :Motion Hearing will now be heard on 2/7/2020 at 09:45 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/3/2020. (Hernandez, M)
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Filing 93
OPPOSITION by Shirley Campbell, Steven Lopez, Karen Smith to #90 Motion in Limine. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L)(Esquivel, Diana)
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Filing 92
OPPOSITION by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #91 Motion in Limine,. (Kharazi, Hadi)
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Filing 91
MOTION IN LIMINE Nos. 1-7 by Shirley Campbell, Steven Lopez, Karen Smith. Motion Hearing set for 2/7/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (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)(Esquivel, Diana)
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Filing 90
MOTION IN LIMINE by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. Motion Hearing set for 2/7/2020 at 10:00 AM in cvbFRES Fresno before Magistrate Judge Stanley A. Boone. (Davidson, Thornton)
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Filing 88
Pretrial Order, signed by Magistrate Judge Stanley A. Boone on 12/3/2019. (Motions In Limine filed by 1/17/2020; Response due by 1/31/2020; Motion Hearing set for 2/7/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Jury Trial (5-10 day estimate) set for 2/25/2020 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone)(Rosales, O.)
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Filing 89
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: PRETRIAL CONFERENCE held on 12/3/2019. The Court to issue a written order. Plaintiffs Counsel Thornton Davidson by telephone, Ty Kharazi present. Defendants Counsel Diana Esquivel by telephone. Court Reporter/CD Number: ECRO O Rosales. (Hernandez, M)
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Filing 87
PRETRIAL STATEMENT by Defendants Shirley Campbell, Steven Lopez, Karen Smith.(Esquivel, Diana)
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Filing 86
NOTICE of APPEARANCE by Thornton Davidson on behalf of Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. Attorney Davidson, Thornton added. (Davidson, Thornton)
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Filing 85
AMENDED ORDER SETTING TRIAL DATES: Pretrial Conference set for 12/3/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, Motion in Limine Hearing set for 2/7/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone, Jury Trial set for 2/25/2020 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 9/16/2019. (Hernandez, M)
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Filing 84
ORDER GRANTING #73 Motion for Leave of Court to Withdraw as Counsel of Record for Plaintiffs; ORDER GRANTING SUBSTITUTION of Attorney H. Ty Kharazi for Plaintiffs signed by Magistrate Judge Stanley A. Boone on 9/12/2019. (Sant Agata, S)
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Filing 83
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: MOTION HEARING RE PLAINTIFFS MOTION TO WITHDRAW AS ATTORNEY held on 9/11/2019. The Court to issue a written order. Plaintiffs Counsel Charles Doerksen, Thornton Davidson present. Defendants Counsel Diana Esquivel present. Court Reporter/CD Number: ECRO. (Hernandez, M)
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Filing 82
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Valley Cardiac Surgery Medical Group. (Kharazi, Hadi)
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Filing 81
SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Pervaiz A. Chaudhry, MD. (Kharazi, Hadi)
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Filing 80
EXHIBIT Proof of Service to Supplemental Declaration of Charles L. Doerksen re #73 MOTION to WITHDRAW as ATTORNEY filed by Valley Cardiac Surgery Medical Group, Pervaiz A. Chaudhry, M.D.. (Banuelos, Jesse)
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Filing 79
DECLARATION of Charles L. Doerksen in support of #73 MOTION to WITHDRAW as ATTORNEY . (Banuelos, Jesse)
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Filing 78
MEMORANDUM by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group in SUPPORT of #73 MOTION to WITHDRAW as ATTORNEY . Attorney Banuelos, Jesse added. (Banuelos, Jesse)
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Filing 77
ORDER Requiring Personal Appearance by Plaintiff Pervaiz A. Chaudhry at Hearing on Motion to Withdraw signed by Magistrate Judge Stanley A. Boone on 07/31/2019. (Flores, E)
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Filing 76
MEMORANDUM by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group in SUPPORT of #73 MOTION to WITHDRAW as ATTORNEY . (Doerksen, Charles)
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Filing 75
DECLARATION of Charles L. Doerksen in support of #73 MOTION to WITHDRAW as ATTORNEY . (Attachments: #1 Exhibit Exhibit "A" to the Declaration of Charles L. Doerksen, #2 Exhibit Exhibit "B" to the Declaration of Charles L. Doerksen, #3 Exhibit Exhibit "C" to the Declaration of Charles L. Doerksen, #4 Exhibit Exhibit "D" to the Declaration of Charles L. Doerksen, #5 Exhibit Exhibit "E" to the Declaration of Charles L. Doerksen)(Doerksen, Charles)
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Filing 74
MEMORANDUM by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group in SUPPORT of #73 MOTION to WITHDRAW as ATTORNEY . (Doerksen, Charles)
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Filing 73
MOTION to WITHDRAW as ATTORNEY by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. Motion Hearing set for 9/11/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Doerksen, Charles)
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Filing 72
MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 4/3/2019: SETTLEMENT CONFERENCE - held. CASE NOT SETTLED. Plaintiffs' Counsel: Charles Doerksen, Brian Leighton, and Jesse Banuelos - present. Defendants' Counsel: Diana Esquivel - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E)
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Filing 71
ORDER SETTING TRIAL DATES. Pre-Trial Conference: October 18, 2019 at 1:00 p.m. in Courtroom 9 (SAB), Motion In Limine Deadlines: Filing: November 1, 2019, Response: November 15, 2019, Hearing: November 20, 2019 at 10:00 a.m. in Courtroom 9 (SAB), Trial: December 3, 2019 at 8:30 a.m. in Courtroom 9 (SAB)Estimated length: 2 to 3 weeks. Signed by Magistrate Judge Stanley A. Boone on 2/22/2019. (Hernandez, M)
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Filing 70
MINUTES (Text Only) for proceedings before Magistrate Judge Stanley A. Boone: TRIAL SETTING HEARING held on 2/22/2019. Pretrial Conference set for 10/18/2019 at 1:00 p.m. before Magistrate Judge Stanley A. Boone. Motions in Limine to be filed by 11/1/2019, Opposition Due 11/15/2019, Motion Hearing 11/20/2019 at 10:00 a.m. before Magistrate Judge Stanley A. Boone. Jury Trial set for 12/3/2019 at 8:30 a.m. before Magistrate Judge Stanley A. Boone. The Court to issue a written order. Plaintiffs Counsel Jesse Banuelos and Brian Leighton by telephone. Defendants Counsel Diana Esquivel by telephone. Court Reporter/CD Number: ECRO. (Hernandez, M)
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Filing 69
MINUTE ORDER: (TEXT ENTRY ONLY) The Court sets a telephonic Status Hearing for 2/22/2019 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The parties were provided with the teleconference number and pass code. Signed by Magistrate Judge Stanley A. Boone on 2/15/2019. (Hernandez, M)
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Filing 68
ORDER Regarding Settlement Conference (set for for 4/3/2019 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. Order signed by Magistrate Judge Barbara A. McAuliffe on 2/15/2019. (Valdez, E)
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Filing 67
MINUTE ORDER: (TEXT ENTRY ONLY) The trial date set for 4/9/2019 before Magistrate Judge Stanley A. Boone is VACATED. The new trial date will be addressed in the Pretrial Order to be issued by the Court. Signed by Magistrate Judge Stanley A. Boone on 2/15/2019. (Hernandez, M)
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Filing 66
MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Consent Order, the Jury Trial will now be held on 4/9/2019 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 2/15/2019. (Hernandez, M)
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Filing 65
ORDER Setting Settlement Conference for 4/3/2019 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Signed by Magistrate Judge Stanley A. Boone on 2/15/2019. (Hernandez, M)
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Filing 64
ORDER ASSIGNING Action to U.S. Magistrate Judge for All Purposes Pursuant to the Consent of All Parties, signed by Chief Judge Lawrence J. O'Neill on 2/14/19. New Case Number: 1:16-cv-01243-SAB. (Marrujo, C)
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Filing 63
MINUTES (Text Only) for proceedings before Chief Judge Lawrence J. O'Neill: PRETRIAL CONFERENCE held on 2/12/2019. Order to follow. Plaintiffs Counsel Brian Leighton, Charles Doerksen, Jesse Banuelos present. Defendants Counsel Diana Esquivel present. Court Reporter/CD Number: Peggy Crawford. (Munoz, I)
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Filing 62
PRETRIAL STATEMENT by Plaintiffs Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group.(Doerksen, Charles)
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Filing 61
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Diana Esquivel for Shirley Campbell,Diana Esquivel for Eric Creer,Diana Esquivel for Steven Lopez,Diana Esquivel for Karen Smith, attorney Oliver Robert Lewis terminated (Esquivel, Diana)
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Filing 60
ORDER Directing Clerk of Court to Terminate Defendant Deidre Kappmeyer as a Party to the Action Pursuant to Fed. R. Civ. P. 41(a) signed by Magistrate Judge Stanley A. Boone on 1/26/2019. (Jessen, A)
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Filing 59
STIPULATION for Voluntary Dismissal with Prejudice by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Leighton, Brian)
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Filing 58
ORDER DISREGARDING NOTICE OF VOLUNTARY DISMISSAL, #57 . Plaintiff's notice of voluntary dismissal is HEREBY DISREGARDED. Plaintiff shall file a request for dismissal that complies with Rule 41 within five (5) days from the date of entry of this order. Order signed by Magistrate Judge Stanley A. Boone on 1/23/2019. (Timken, A)
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Filing 57
STIPULATION for voluntary dismissal of Deidre Kappmeyer by Pervaiz A. Chaudhry, MD. Attorney Banuelos, Jesse added. (Banuelos, Jesse)
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Filing 56
MEMORANDUM DECISION AND ORDER RE DEFENDANTS' NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT signed by Chief Judge Lawrence J. O'Neill on January 18, 2019. (Doc. 46) (Munoz, I)
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Filing 55
MINUTE ORDER: (TEXT ENTRY ONLY) signed by Chief Judge Lawrence J. O'Neill on 1/2/2019. The Court has reviewed preliminarily the papers filed in connection with the pending motion for summary judgment #46 and concludes that the matter is suitable for decision on the papers pursuant to Local Rule 230(g). Accordingly, the hearing currently set for 1/8/19 is VACATED. A written decision will issue as soon as is practicable. (Thorp, J)
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Filing 54
REPLY by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith to RESPONSE to #46 MOTION FOR SUMMARY JUDGMENT. (Lewis, Oliver)
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Filing 53
REPLY by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith to RESPONSE to #46 MOTION FOR SUMMARY JUDGMENT. (Attachments: #1 Declaration DECLARATION OF DEPUTY ATTORNEY GENERAL OLIVER R LEWIS IN SUPPORT OF DEFENDANTS' REPLY TO PLAINTIFF'S OPPOSITION TO DEFENDNATS' MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION OF ISSU)(Lewis, Oliver)
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Filing 52
OBJECTIONS by Plaintiffs Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #46 MOTION FOR SUMMARY JUDGMENT. (Leighton, Brian)
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Filing 51
RESPONSE by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #46 MOTION FOR SUMMARY JUDGMENT. (Leighton, Brian)
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Filing 50
DECLARATION of Jesse Banuelos in opposition to #46 MOTION FOR SUMMARY JUDGMENT. (Attachments: #1 Exhibit Ex. A - Subpoena - CDPH, #2 Exhibit Ex. B - Statement of Deficiencies, #3 Exhibit Ex. C - Investigation Report - Campbell, #4 Exhibit Ex. D - Investigation Report - Kappmeyer, #5 Exhibit Ex. E - Notes - Yussif, #6 Exhibit Ex. F - Notes - Campbell, #7 Exhibit Ex. G - Notes - Kappmeyer, #8 Exhibit Ex. H - Table of Findings, #9 Exhibit Ex. I - McComb, Laura - Dep. Transcript)(Leighton, Brian)
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Filing 49
DECLARATION of Pervaiz Chaudhry, M.D. In Opposition to Motion for Summary Judgment in opposition to #46 MOTION FOR SUMMARY JUDGMENT. (Attachments: #1 Exhibit Ex. A - Timeline, #2 Exhibit Ex. B - Perfusion Record, #3 Exhibit Ex. C - OR Phone Records, #4 Exhibit Ex. D - Text Message - referal, #5 Exhibit Ex. E - OR Photo, #6 Exhibit Ex. F - OR Photo, #7 Exhibit Ex. G - Post Operative Brief Note, #8 Exhibit Ex. H - Post Operative Orders, #9 Exhibit Ex. I - Operative Report, #10 Exhibit Ex. J - Dictation Transcript, #11 Exhibit Ex. K - Security Log - Chaudhry, #12 Exhibit Ex. L - Security Log - Albakova, #13 Exhibit Ex. M - Cell Phone Voice Records, #14 Exhibit Ex. N - Security Log - Dhillon, #15 Exhibit Ex. O - Table of Findings, #16 Exhibit Ex. P - Pics from Nancy Grace Story, #17 Exhibit Ex. Q - Daily News - 2014-01-16, #18 Exhibit Ex. R - Malpractice Insurance Quote)(Leighton, Brian)
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Filing 48
OPPOSITION by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #46 MOTION FOR SUMMARY JUDGMENT. (Leighton, Brian)
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Filing 47
NOTICE of APPEARANCE by Charles Doerksen on behalf of Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. Attorney Doerksen, Charles added. (Doerksen, Charles)
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Filing 46
MOTION FOR SUMMARY JUDGMENT by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith. Motion Hearing set for 1/8/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Lewis, Oliver)
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Filing 45
ORDER RE STIPULATION TO AMEND SCHEDULING ORDER. IT IS HEREBY ORDERED that:The amended scheduling order filed November 29, 2017 is amended as follows:a. All dispositive motions shall be filed on or before December 7, 2018, with the motion to be set for argument on or before January 8, 2019. The parties are advised that no further modifications to the scheduling order will be granted. Signed by Magistrate Judge Stanley A. Boone on 10/31/2018. (Hernandez, M)
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Filing 44
STIPULATION and PROPOSED ORDER for Modification of Scheduling Order re #30 Order,,, Set/Reset Deadlines and Hearings,,, Terminate Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,, #43 Application, by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith. (Lewis, Oliver)
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Filing 43
APPLICATION for Modification of Scheduling Order and Supporting Declaration of Pamela J. Holmes by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith re #30 Order,,, Set/Reset Deadlines and Hearings,,, Terminate Deadlines and Hearings,,, Order on Motion for Miscellaneous Relief,,. (Lewis, Oliver)
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Filing 42
ORDER DISREGARDING #36 Defendant's Request to Modify Scheduling Order re #41 signed by Magistrate Judge Stanley A. Boone on 8/27/2018. (Jessen, A)
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Filing 41
REQUEST for Withdrawal of [ECF 36] by Defendants to Modify Scheduling Order by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith re #36 MOTION filed by Deidre Kappmeyer, Eric Creer, Shirley Campbell, Bea Hensleit, Steven Lopez, Karen Smith. (Lewis, Oliver)
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Filing 40
AMENDED ORDER DIRECTING DEFENDANTS TO FILE A REPLY TO PLAINTIFFS OPPOSITION. IT IS HEREBY ORDERED that Defendants shall file a reply to Plaintiffs opposition to the request to modify the scheduling order on or before August 24, 2018. Signed by Magistrate Judge Stanley A. Boone on 8/21/2018. (Hernandez, M)
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Filing 39
ORDER DIRECTING PLAINTIFFS TO FILE AN OPPOSITION OR STATEMENT OF NON-OPPOSITION TO DEFENDANTS REQUEST TO EXTEND THE EXPERT DISCOVERY DEADLINE. IT IS HEREBY ORDERED that Defendants shall file a reply to Plaintiffs opposition to the request to modify the scheduling order shall be filed on or before August 24, 2018. Signed by Magistrate Judge Stanley A. Boone on 8/20/2018. (Hernandez, M)
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Filing 38
OPPOSITION by Plaintiffs Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #37 Order, Set/Reset Deadlines and Hearings, #36 MOTION. (Leighton, Brian)
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Filing 37
ORDER Directing Plaintiffs to File an Opposition or Statement of Non-Opposition to Defendant's Request to Extend the Expert Discovery Deadline signed by Magistrate Judge Stanley A. Boone on 08/17/2018. Five-Day Deadline. (Flores, E)
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Filing 36
REQUEST for Modification of the Scheduling Order to Extend Expert Discovery Deadline by 60 Days; [Proposed] Order by Shirley Campbell, Eric Creer, Bea Hensleit, Deidre Kappmeyer, Steven Lopez, Karen Smith re #34 Stipulation and Order. Attorney Lewis, Oliver Robert added. (Lewis, Oliver)
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Filing 35
ORDER REASSIGNING CASE signed by Chief Judge Lawrence J. O'Neill: Due to the retirement of Magistrate Judge *Michael J. Seng* from the bench of the Eastern District of California, this action is reassigned to *Magistrate Judge Stanley A. Boone* for all further proceedings. (Flores, E)
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Filing 34
STIPULATION and ORDER to Extend Discovery Deadlines, signed by Magistrate Judge Michael J. Seng on 4/6/2018. (Kusamura, W)
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Filing 33
MINUTE ORDER: (TEXT ENTRY ONLY) The docket indicates that the plaintiff filed a #32 Stipulation to Extend Discovery deadlines, however the court is require to approve and signed an Order to such. Please submit the Stipulation and Proposed to mjsorders@caed.uscourts.gov by 4:00pm on 4/4/2018, signed by Magistrate Judge Michael J. Seng on 4/4/2018. (Kusamura, W)
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Filing 32
STIPULATION TO EXTEND DISCOVERY DEADLINES by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Leighton, Brian)
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Filing 31
NOTICE of APPEARANCE by Brian C. Leighton on behalf of Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Leighton, Brian)
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Filing 30
ORDER GRANTING MOTION TO MODIFYSCHEDULING ORDER (ECF NO. #21 ); ORDER VACATING DECEMBER 1, 2017HEARING, ORDER ADOPTING PARTIES PROPOSEDSCHEDULE AND SETTING NEW DATESAND DEADLINES (ECF NO. #27 ); Designation of Expert Witnesses due by 5/9/2018, Rebuttal 5/23/2018; Non-Expert Discovery due by 4/9/2018, Expert 8/7/2018; Non-Dispositive Motions filed by 8/7/2018; Dispositive Motions filed by 11/8/2018; Pretrial Conference set for 2/12/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill; Jury Trial set for 4/9/2019 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill, signed by Magistrate Judge Michael J. Seng on 11/28/2017. (Bernacchi, M)
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Filing 29
SEALED EVENT (Robles, S)
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Filing 28
SEALED EVENT (Robles, S)
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Filing 27
FIRST AMENDED SCHEDULING REPORT by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Leighton, Brian)
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Filing 26
MINUTE ORDER: (TEXT ENTRY ONLY) The Court has reviewed Plaintiff Chaudhry's Declaration (ECF No. 25) filed under seal as per the Court's Minute Order (ECF No. 24 ) and finds that it adequately addresses the Court's concerns except that it lacks the detail requested in issue numbered (2) and the corroboration requested in issue numbered (3). The Declarant shall within ten days of the date of this order supplement, under seal, the Declaration to address those issues and detail the source of future projected funds and provide corroboration from those expected to provide those funds (if other than from earnings for the provision of medical care). signed by Magistrate Judge Michael J. Seng on 11/14/2017. (Bernacchi, M)
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Filing 25
SEALED EVENT (Robles, S)
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Filing 24
MINUTE ORDER: (TEXT ENTRY ONLY) With regard to the pending request to extend unexpired deadlines in this case, the Court will require reassurance and confirmation that such delay, if granted, would enable the parties to address and resolve current obstacles and thereafter maintain strict adherence to extended deadlines, if ordered. To this end, Plaintiff shall, on or before November 13, 2017, submit under seal a declaration under penalty of perjury from Dr. Chaudhry confirming the truth and accuracy of the statements made by his counsel in support of the request for extension, with particular attention to the following: (1) Confirmation that his current financial circumstances are such that he has not paid and currently remains unable to pay current counsel, Brian Leighton for past services in this case; (2) Provision of a detailed account of current and future intended efforts to secure financing to enable him to proceed in this case, to include a statement of his basis for believing he will succeed in obtaining such financing; (3) Provision of corroboration, if any exists, of his belief he will be able to obtain such financing if deadlines are extended as requested; and, (4) Explanation of his rationale for attempting to continue representation with Mr. Leighton and Mr. Doerksen; and, (5) Description of efforts, if any, to find alternative counsel and/or alternative arrangements (e.g., contingency fee agreement) for compensating counsel.. IN ADDITION, the parties shall submit on or before November 20, 2017, a JOINT SCHEDULING REPORT setting forth the dates and deadlines they propose be ordered if the request for delay is granted, signed by Magistrate Judge Michael J. Seng on 11/6/2017. (Bernacchi, M)
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Filing 23
STIPULATION and PROPOSED ORDER for MODIFY THE SCHEDULING ORDER TO EXTEND ALL DEADLINES PREVIOUSLY SET BY THE SCHEDULING ORDER OF FEBRUARY 6, 2017 AND FOR THE COURT TO SET SET A NEW SCHEDULING CONFERENCE AND ORDER EXTENDING ALL SAID DATES by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Attachments: #1 Proposed Order RE: Stipulation to Modify The Scheduling Order of February 6, 2017 and Set it for a Hearing on December 1, 2017)(Leighton, Brian)
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Filing 22
STATEMENT of NON-OPPOSITION by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith to #21 MOTION modify scheduling order to extend deadline dates for approximately 120 days. (Lewis, Oliver)
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Filing 21
MOTION modify scheduling order to extend deadline dates for approximately 120 days by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. Motion Hearing set for 12/1/2017 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Attachments: #1 Memorandum Plaintiffs' Memorandum of Points and Authorities in Support of Plaintiffs' Motion to Modify the Scheduling Order to Extend All Deadline Dates for Approximately 120 Days, #2 Declaration Declaration of Brian C. Leighton in support of Plaintiffs' Motion to Modify Scheduling Order)(Leighton, Brian)
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Filing 20
NOTICE of CHANGE of ADDRESS by Brian C. Leighton. (Leighton, Brian)
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Filing 19
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Nicole L Roman for Shirley Campbell,Nicole L Roman for Eric Creer,Nicole L Roman for Deidre Kappmeyer,Nicole L Roman for Steven Lopez,Nicole L Roman for Karen Smith (Roman, Nicole)
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Filing 18
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Oliver Robert Lewis for Shirley Campbell,Oliver Robert Lewis for Eric Creer,Oliver Robert Lewis for Deidre Kappmeyer,Oliver Robert Lewis for Steven Lopez,Oliver Robert Lewis for Karen Smith, attorney John Michael Feser, Jr terminated (Lewis, Oliver)
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Filing 17
SCHEDULING ORDER : Non-Expert Discovery due by 11/6/2017, Expert Discovery due by 3/6/2018. Designation of Expert Witnesses due by 12/6/2017, Supplemental Expert Witnesses due by 12/20/2017. Non-Dispositive Motions filed by 3/6/2018. Dispositive Motions filed by 4/6/2018, Dispositive Motion Hearing set for 5/15/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Pretrial Conference set for 7/10/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. Jury Trial set for 9/11/2018 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. signed by Magistrate Judge Michael J. Seng on 2/3/2017. (Lafata, M)
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Filing 16
MINUTES (Text Only) for proceedings before Magistrate Judge Michael J. Seng: SCHEDULING CONFERENCE HELD on 2/2/2017. Scheduling Order to follow. Plaintiffs Counsel Brian Leighton present. Defendants Counsel John Fesser present. (Lafata, M)
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Filing 15
MINUTE ORDER: (TEXT ENTRY ONLY) Initial Scheduling Conference scheduled for 2/2/2017 at 9:30 AM in Yosemite (MJS) before Magistrate Judge Michael J. Seng. Parties may appear in person or by phone. Telephonic conferences are joined by calling: (888)204-5984 and entering code 4446176. Please email the Courtroom deputy to indicate if you will be appearing by telephone @ mjsorders@caed.uscourts.gov, signed by Magistrate Judge Michael J. Seng on 1/30/2017. (Lafata, M)
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Filing 14
JOINT SCHEDULING REPORT by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith. (Feser, John)
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Filing 13
ANSWER with Jury Demand by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith.(Feser, John)
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Filing 12
MEMORANDUM DECISION and ORDER DENYING #7 Defendants' Motion to Dismiss IN ITS ENTIRETY signed by Chief Judge Lawrence J. O'Neill on 12/16/2016. Defendants must answer the FAC within twenty-one (21) days. (Jessen, A)
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Filing 11
MINUTE ORDER: (TEXT ENTRY ONLY) Due to the Pending Motion to Dismiss the Initial Scheduling Conference currently set for 12/1/2016 is continued to 2/2/2017 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 11/21/2016. (Lafata, M)
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Filing 10
MINUTE ORDER: (TEXT ENTRY ONLY) The hearing on Defendants' Motion to Dismiss #7 , currently set for October 26, 2016 at 8:30am, is VACATED, and the matter will be decided on the papers pursuant to Local Rule 230(g) signed by Chief Judge Lawrence J. O'Neill on October 20, 2016. (Munoz, I)
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Filing 9
REPLY by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith re #8 Opposition to Motion. (Feser, John)
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Filing 8
OPPOSITION by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group to #7 MOTION to DISMISS. (Leighton, Brian)
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Filing 7
MOTION to DISMISS by Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith. Motion Hearing set for 10/26/2016 at 08:30 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill. (Attachments: #1 Memorandum)(Feser, John)
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Filing 6
FIRST AMENDED COMPLAINT against Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group. (Attachments: #1 Exhibit Exhibits A and B)(Leighton, Brian)
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Filing 5
CLERK'S NOTICE (text only): Please Disregard #4 Amended Complaint as this Document was Filed in the Wrong Case. (Flores, E)
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Filing 4
***DISREGARDED***FIRST AMENDED COMPLAINT against Shirley Campbell, Eric Creer, Deidre Kappmeyer, Steven Lopez, Karen Smith by Pervaiz A. Chaudhry, MD, Valley Cardiac Surgery Medical Group.(Leighton, Brian)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 12/1/2016 at 10:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. (Attachments: #1 Standing Order, #2 Order re Consent, #3 VDRP) (Martin-Gill, S)
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RECEIPT number #CAE100033367 $400.00 fbo Smith, Lopez, Creer, Campbell & Kappmeyer by State of California on 8/23/2016. (Marrujo, C)
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Filing 2
CLERK'S NOTICE to John Feser re #1 Notice of Removal: Advance payment of the filing fee in the amount of $400.00 is required and should be submitted electronically using the event New Case Credit Card Payments. Your case will not be filed until the fee is paid (Local Rule 77-121c). If you wish to pay with cash, check or money order, the fee must be received by the clerk's office within 48 hours of lodging your complaint, or your documents willbe deleted from the court's server. 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; 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. (Hellings, J)
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Filing 1
NOTICE of REMOVAL from Fresno County Superior Court, case number 16CECG01975 by All Defendants. (Attachments: #1 Notice to Adverse Parties of Removal to Federal Court, #2 Notice to Clerk of Court of Removal to Federal Court)(Feser, John)
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