Kristeena Tinnin v. Sutter Valley Medical Foundation
| Kristeena Tinnin |
| Sutter Valley Medical Foundation |
| 1:2020cv00482 |
| April 2, 2020 |
| US District Court for the Eastern District of California |
| Erica P Grosjean |
| Jennifer L Thurston |
| Labor: Other |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 59
STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/25/2022. (Rivera, O)
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Filing 58
ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Marrujo, C)
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Filing 57
ORDER OF CLARIFICATION re district judge availability to hear matters in the Eastern District of California. (Robles, S)
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Filing 56
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Stanley Mallison for Kristeena Tinnin, attorney Juan Gamboa terminated (Martinez, Hector)
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Filing 55
CLERK'S NOTICE to Thomas Geidt re #54 Notice. If you wish to add and terminate attorneys from the same firm, you may use the event, Designation of Counsel for Service, which can be found under the category Other Filings, Other Documents. Do not use the generic Notice event when a more specific event is available. Please re-file your document using the correct event. (Jessen, A)
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Filing 54
NOTICE Defendant Sutter Valley Medical Foundation's Notice Of Appearance And Withdrawal Of Counsel For Defendant by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 53
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held on 5/13/2021. After discussion with the parties, the Court grants Plaintiff permission to file a further motion to compel Defendant to produce data in.CSV format (see ECF #44 ). Plaintiff shall comply with Local Rule 251 in filing such a motion and the parties' Joint Statement re Discovery Disagreement shall be limited to no more than seven (7) pages for each party's position, including supporting declarations. Defendant has permission to file a motion to quash the deposition of John Verley. Defendant shall comply with Local Rule 251 in filing such a motion and the parties' Joint Statement re Discovery Disagreement shall be limited to no more than five (5) pages for each party's position, including any supporting declarations. The parties are encouraged to engage in further meet and confer efforts and may request a further informal conference following those efforts. Plaintiff's Counsel Juan Gamboa telephonically present. Defendant's Counsel Thomas Geidt telephonically present. Court Reporter/CD Number: ECRO - Patricia Apodaca. (Rooney, M)
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Filing 52
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 51
INFORMAL DISCOVERY DISPUTE LETTER BRIEF re #44 Order on Motion to Compel filed by Kristeena Tinnin. (Gamboa, Juan)
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Filing 50
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 5/7/2021: At the request of the parties, a Telephonic Informal Discovery Dispute Conference is set for 5/13/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. No later than 10:00 AM on 5/12/2021, the parties shall simultaneously file an Informal Discovery Dispute Letter Brief, outlining their positions regarding the dispute. Such briefs shall be no longer than three pages single-spaced, and may include up to five pages of exhibits. The parties are also directed to email their briefs to epgorders@caed.uscourts.gov. To participate telephonically, each party is to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 1024453. (Text Only Entry) (Rooney, M)
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Filing 49
DECLARATION of Juan Gamboa, Esq. re #44 Order on Motion to Compel. (Gamboa, Juan)
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Filing 48
DECLARATION of Juan Gamboa, Esq. re #44 Order on Motion to Compel. (Gamboa, Juan)
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Filing 47
DECLARATION of Thomas E. Geidt in support of #32 Motion to Dismiss. (Manisco, Kacie)
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Filing 46
REPLY by Sutter Valley Medical Foundation re #32 Motion to Dismiss. (Manisco, Kacie)
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Filing 45
ORDER DENYING plaintiff's ex parte application for leave to file supplemental briefing in support of her motion to compel, document #42 , signed by Magistrate Judge Erica P. Grosjean on 4/8/2021.(Rooney, M)
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Filing 44
ORDER GRANTING IN PART AND DENYING IN PART plaintiff's Motion to Compel, document #30 , signed by Magistrate Judge Erica P. Grosjean on 4/7/2021. (Rooney, M)
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Filing 43
PROPOSED ORDER re Ex Parte Application for Leave to File Reply to Defendant's Opposition to Motion to Compel Discovery re #42 EX PARTE APPLICATION by Kristeena Tinnin for Leave to File Reply to Defendant's Opposition to Motion to Compel Discovery. by Kristeena Tinnin. (Gamboa, Juan)
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Filing 42
EX PARTE APPLICATION by Kristeena Tinnin for Leave to File Reply to Defendant's Opposition to Motion to Compel Discovery. (Attachments: #1 Declaration Declaration of Juan Gamboa in Support of Ex Parte Application for Leave to File Reply)(Gamboa, Juan)
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Filing 41
PROPOSED ORDER re Plaintiff's Opposition to Defendant's Motion to Dismiss, Stay, or Strike Claims in Plaintiff's 2nd Amended Complaint re #40 Opposition to Motion,, by Kristeena Tinnin. (Gamboa, Juan)
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Filing 40
OPPOSITION by Kristeena Tinnin to #32 Motion to Dismiss. (Attachments: #1 Declaration Declaration of Juan Gamboa in Opposition to Defendant's Motion to Dismiss, #2 Exhibit Email dated April 7, 2020 from Tom Geidt, #3 Exhibit Email dated April 8, 2020 from Juan Gamboa, #4 Exhibit Email dated May 26, 2020 from Tom Geidt, #5 Exhibit Meet and Confer Letter from Juan Gamboa dated January 22, 2021, #6 Exhibit Email from Tom Geidt dated February 2, 2021, #7 Exhibit Email Exchange from February 5 and 9, 2021)(Gamboa, Juan)
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Filing 39
DECLARATION of John Verley in opposition to #30 Motion to Compel,,,,,,,,. (Geidt, Thomas)
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Filing 38
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on March 27, 2021: Defendant may file supplemental briefing regarding the burden imposed by the discovery requests that are the subject of Plaintiff's Motion to Compel (ECF Nos. #30 , #35 ). If it chooses to do so, Defendant's supplemental briefing shall not exceed 5 pages in length, including any supporting declarations, and shall be filed no later than April 5, 2021. (Text Only Entry)(Rooney, M)
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Filing 37
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: MOTION HEARING held on 3/26/2021. The Court heard argument on plaintiff's motion to compel, document #30 , with an order to follow. Plaintiffs' Counsel Juan Zamboa and Stanley Mallison telephonically present. Defendant's Counsel Thomas Geidt telephonically present. Court Reporter/CD Number: Otilia Rosales. (Rooney, M)
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Filing 36
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 3/24/2021: In connection with the Motion to Compel hearing set for 3/26/2021 before Magistrate Judge Grosjean, please note that all parties are directed to use the following dial-in information: 1-888-251-2909; passcode 1024453. (Text Only Entry) (Rooney, M)
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Filing 35
JOINT STATEMENT RE: DISCOVERY DISAGREEMENT filed by Plaintiff Kristeena Tinnin. (Gamboa, Juan)
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Filing 34
PROPOSED ORDER re Granting Defendant Sutter Valley Medical Foundation's Motion To Dismiss, Stay, Or In The Alternative, Strike Claims In Plaintiff's Second Amended Complaint re #32 MOTION to DISMISS by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 33
DECLARATION of Thomas E. Geidt in support of #32 Motion to Dismiss. (Geidt, Thomas)
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Filing 32
MOTION to DISMISS by Sutter Valley Medical Foundation. Motion Hearing set for 4/20/2021 at 09:30 AM in Courtroom 5 (DAD) before Magistrate Judge Dale A. Drozd MJ. (Geidt, Thomas)
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Filing 31
WITHDRAWAL of #19 Motion to Dismiss, filed by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 30
MOTION to COMPEL Discovery Responses by Kristeena Tinnin. Motion Hearing set for 3/26/2021 at 10:00 AM in Courtroom 10 (EPG) before UnassignedDJ. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS, #2 Declaration DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS DISCOVERY REQUESTS, #3 Exhibit EXHIBIT 1 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #4 Exhibit EXHIBIT 2 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #5 Exhibit EXHIBIT 3 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #6 Exhibit EXHIBIT 4 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #7 Exhibit EXHIBIT 5 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #8 Exhibit EXHIBIT 6 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #9 Exhibit EXHIBIT 7 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #10 Exhibit EXHIBIT 8 to JGs Dec ISO of Ps MTC dtd 03-01-2021, #11 Declaration DECLARATION OF AARON WOOLFSON IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION OF DOCUMENTS RESPONSIVE TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS, #12 Exhibit EXHIBIT 1 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #13 Exhibit EXHIBIT 2 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #14 Exhibit EXHIBIT 3 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #15 Exhibit EXHIBIT 4 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #16 Exhibit EXHIBIT 5 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #17 Exhibit EXHIBIT 6 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #18 Exhibit EXHIBIT 7 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #19 Exhibit EXHIBIT 8 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #20 Exhibit EXHIBIT 9 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #21 Exhibit EXHIBIT 10 to DEC of Aaron Woolfson ISO of Ps MTC dtd 02-26-2021, #22 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION TO COMPEL DISCOVERY RESPONSES)(Martinez, Hector)
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Filing 29
OPPOSITION by Kristeena Tinnin to #19 Motion to Dismiss,. (Martinez, Hector)
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Filing 28
SECOND AMENDED COMPLAINT against Sutter Valley Medical Foundation by Kristeena Tinnin. (Attachments: #1 Civil Cover Sheet Second Amended Civil Case Cover Sheet)(Martinez, Hector)
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Filing 27
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: TELEPHONIC INFORMAL DISCOVERY DISPUTE CONFERENCE held on 2/22/2021. After discussion with the parties, the Court grants Plaintiff permission to file a motion to compel regarding the issues raised in the parties' informal discovery dispute letters (ECF No. #25 #26 ) and discussed during the informal discovery dispute conference. Additionally, either party may request a further informal conference following further meet and confer efforts. Plaintiff's Counsel Juan Gamboa telephonically present. Defendant's Counsel Thomas Geidt telephonically present. Court Reporter/CD Number: ECRO - Otilia Rosales. (Rooney, M)
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Filing 26
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 25
INFORMAL DISCOVERY DISPUTE LETTER BRIEF filed by Kristeena Tinnin. (Attachments: #1 Exhibit EXHIBIT 1 to Plaintiff's Informal Discovery Dispute Letter Brief)(Gamboa, Juan)
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Filing 24
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 2/16/2021: At the request of the parties, a Telephonic Informal Discovery Dispute Conference is set for 2/22/2021 at 3:15 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. No later than the close of business on 2/19/2021, the parties shall simultaneously file an Informal Discovery Dispute Letter Brief, outlining their positions regarding the dispute. Such briefs shall be no longer than three pages single-spaced, and may include up to five pages of exhibits. The parties are also directed to email their briefs to epgorders@caed.uscourts.gov. To participate telephonically, each party is to use the following dial-in number and passcode: Dial-in number 1-888-251-2909; Passcode 1024453. (Text Only Entry)
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Filing 23
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 2/9/2021: As there is a pending motion to dismiss, document #19 , noticed for hearing on 3/12/2021, the Scheduling conference set for 3/11/2021 before Magistrate Judge Erica P. Grosjean is vacated. Once the ruling on the motion to dismiss has been issued, should the matter go forward, within ten days of the ruling the parties are directed to contact Michelle Rooney (mrooney@caed.uscourts.gov) to re-set the scheduling conference. (Text Only Entry)(Rooney, M)
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Filing 22
CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Geidt, Thomas)
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Filing 21
MINUTE ORDER (Text Only Entry) The parties are informed that pursuant to Local Rule 302 and the Standing Order Re Judicial Emergency issued April 3, 2020 #3 -2 the recently-filed motion to dismiss #19 will be heard and decided by the undersigned. No hearing will be calendared, and the matter will be decided on the papers. The hearing date chosen by the filing party serves only to set the opposition and reply filing deadlines. A written decision will issue as soon as is practicable in light of the Court's extraordinarily heavy caseload. The parties are warned that civil motions and trials set before district judges in this district are likely to experience significant delays due to judicial resource shortages. The parties are encouraged to reconsider consenting to magistrate judge jurisdiction over this action for all purposes signed by District Judge Dale A. Drozd on February 8, 2021. (Munoz, I)
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Filing 20
DECLARATION of Thomas E. Geidt in support of #19 Motion to Dismiss,. (Manisco, Kacie)
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Filing 19
MOTION to DISMISS by Sutter Valley Medical Foundation. Motion Hearing set for 3/12/2021 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Proposed Order Granting Defendant Sutter Valley Medical Foundation's Motion to Dismiss, Stay, Or In The Alternative, Strike Claims In Plaintiff's First Amended Complaint)(Manisco, Kacie)
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Filing 18
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 1/20/2021: Pursuant to the parties' joint status report, document #17 , the Court continues the Initial Scheduling Conference currently set for 1/27/2021 to 3/11/2021 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To participate telephonically, each party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also directed to file a joint status report one week prior to the conference and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. (Text Only Entry)(Rooney, M)
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Filing 17
JOINT STATUS REPORT by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 16
FIRST AMENDED COMPLAINT against All Defendants by Kristeena Tinnin.(Martinez, Hector)
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Filing 15
Order GRANTING Plaintiff's #10 Motion to Amend, signed by Magistrate Judge Erica P. Grosjean on 1/14/2021. (Rosales, O.)
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Filing 14
MINUTE ORDER signed by Magistrate Judge Erica P. Grosjean on 12/28/2020: The Court has deemed the Motion to Amend, document #10 , currently noticed for hearing on 1/8/2021 before Magistrate Judge Erica P. Grosjean, suitable for decision without oral argument pursuant to Local Rule 230(g). As such, the hearing is vacated, with the matter to be taken under submission of as that date. (Text Only Entry)(Rooney, M)
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Filing 13
RESPONSE by Sutter Valley Medical Foundation to #10 Motion to Amend the Complaint/Petition,,. (Geidt, Thomas)
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Filing 12
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: SCHEDULING CONFERENCE held on 12/2/2020, with discovery to remain open. In light of Plaintiff's motion to amend the complaint to include class allegations (Doc. #10 ), a continued Scheduling Conference is set for 1/27/2021 at 1:30 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. The parties are also directed to file a joint status report that incorporates a revised proposed schedule no later than 1/20/2021 and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Alternatively, the joint status report shall advise the Court if the parties request to continue the scheduling conference due to the status of the motion to amend. Plaintiff's Counsel Juan Zamboa (telephonically) present. Defendant's Counsel Kacie Zannasi (telephonically) present. (Rooney, M)
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Filing 11
STATUS REPORT by Kristeena Tinnin. (Gamboa, Juan)
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Filing 10
MOTION to AMEND the #1 Complaint by Kristeena Tinnin. Attorney Gamboa, Juan added. Motion Hearing set for 1/8/2021 at 10:00 AM in Courtroom 10 (EPG) before UnassignedDJ. (Attachments: #1 Memorandum Plaintiff's Memorandum of Points and Authorities, #2 Declaration DECLARATION OF JUAN GAMBOA IN SUPPORT OF PLAINTIFFS MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT, #3 Exhibit Exhibit 1 to Juan Gamboa's Declaration, #4 Exhibit Exhibit 2 to Juan Gamboa's Declaration, #5 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR LEAVE TO FILE ITS FIRST AMENDED COMPLAINT)(Gamboa, Juan)
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Filing 9
STATUS REPORT by Sutter Valley Medical Foundation. (Manisco, Kacie)
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Filing 8
MINUTES (Text Only) for proceedings held telephonically before Magistrate Judge Erica P. Grosjean: SCHEDULING CONFERENCE held on 10/1/2020, Plaintiff intends to file a motion to amend the complaint to include class allegations. Motion for Class to be filed by 11/6/2020. Discovery is open on plaintiff's allegations. A continued Scheduling Conference is set for 12/2/2020 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. The Court grants telephonic appearances, with each party directed to use the following dial-in number and passcode:1-888-251-2909; passcode 1024453. The parties are also to file a joint status report that incorporates a revised proposed schedule no later than 11/24/2020 and email a copy of same, in Word format, to epgorders@caed.uscourts.gov, for the Judge's review. Plaintiff's Counsel Juan Gamboa appearing telephonically. Defendant's Counsel Kacie Maniso and Thomas Geidt appearing telephonically. Court Reporter/CD Number: not recorded. (Apodaca, P)
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Filing 7
JOINT SCHEDULING REPORT by Sutter Valley Medical Foundation. (Geidt, Thomas)
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Filing 6
ANSWER by Sutter Valley Medical Foundation. Attorney Geidt, Thomas E. added.(Geidt, Thomas)
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Filing 5
CERTIFICATE of SERVICE by Kristeena Tinnin. Attorney Martinez, Hector Rodriguez added. (Martinez, Hector)
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Filing 4
WAIVER of SERVICE RETURNED EXECUTED: Waiver sent to Kristeena Tinnin on 5/5/2020, Answer due 7/6/2020 (Martinez, Hector)
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Filing 3
CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 10/1/2020 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Attachments: #1 Standing Order, #2 Standing Order re Judicial Emergency, #3 Consent Form, #4 VDRP) (Martin-Gill, S)
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Filing 2
SUMMONS ISSUED as to *Sutter Valley Medical Foundation* with answer to complaint due within *21* days. Attorney *Stanley Mallison* *Mallison & Martinez* *1939 Harrison St., Suite 730* *Oakland, CA 94612*. (Martin-Gill, S)
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Filing 1
COMPLAINT against Sutter Valley Medical Foundation by Kristeena Tinnin. Attorney Mallison, Stanley added. (Filing fee $ 400, receipt number 0972-8826061) (Attachments: #1 Civil Cover Sheet, #2 Consent Form)(Mallison, Stanley)
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