Prime Healthcare Services-Shasta, LLC v. Burwell
| Prime Healthcare Services-Shasta, LLC and Prime Healthcare Services-Shasta, LLC a Delaware limited liability Company Doing business as Shasta Regional Medical Center |
| Burwell and Sylvia Mathews Burwell |
| 2:2015cv00324 |
| February 9, 2015 |
| U.S. District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Kendall J Newman |
| Troy L Nunley |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 |
| Plaintiff |
Docket Report
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Filing 57
ORDER signed by District Judge Troy L. Nunley on 1/9/2018 ORDERING the following actions are consolidated for all purposes, including trial and all pretrial matters: 2:14-cv-02791-TLN-KJN; 2:15-cv-00154-TLN-KJN; 2:15-cv-00324-TLN-KJN; 2:15-cv-00400-TLN-KJN; 2:15-cv-00450-TLN-KJN; 2:15-cv-00473-TLN-KJN; 2:15-cv-00474-TLN-KJN;. 2:15-cv-00709-TLN-KJN; 2:15-cv-01120-TLN-KJN; 2:16-cv-00230-TLN-KJN; 2:16-cv-02278-TLN-KJN; and 2:16-cv-02521-TLN-KJN; Plaintiff shall have seven (7) days from the date this Order is entered to file the Proposed consolidated Complaint. That filing shall be docketed solely on the docket for Case No. 2:14-cv-02791-TLN-KJN. Going forward no filing should be made under any of the other case numbers listed in the preceding paragraph; Defendant shall have forty-five (45) days after service of the Proposed Consolidated Complaint to file an answer. (Becknal, R)
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| Filing 56 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gregory T. Broderick for Sylvia Mathews Burwell, attorney Bobbie J. Montoya, cv terminated (Broderick, Gregory) |
| Filing 55 MOTION to CONSOLIDATE Related Actions and Extend Time for Filing Amended Complaint by Prime Healthcare Services-Shasta, LLC. Attorney Farag, Shareef added. Motion Hearing set for 3/22/2018 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Farag, Shareef) Modified on 12/29/2017 (Zignago, K.). |
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Filing 54
ORDER signed by District Judge Troy L. Nunley on 10/19/17 ORDERING that the Motion to Consolidate Cases #53 is DENIED without prejudice. However, as the parties agree that attorneys for Plaintiff need time to familiarize themselves with this case, Plaintiff may file a Motion to Consolidate attaching its proposed amended complaint as an exhibit within sixty (60) days of the date this Order is filed. (Mena-Sanchez, L)
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| Filing 53 MOTION to CONSOLIDATE CASES and MOTION for EXTENSION of TIME to File Amended Complaint by Prime Healthcare Services-Shasta, LLC. Attorney Pearson, Matthew D. added. Motion Hearing set for 11/16/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Pearson, Matthew) |
| Filing 52 PROPOSED SUBSTITUTION OF ATTORNEY by Prime Healthcare Services-Shasta, LLC. (Romero, Samuel) |
| Filing 51 PROPOSED SUBSTITUTION OF ATTORNEY by Prime Healthcare Services-Shasta, LLC. (Romero, Samuel) |
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Filing 50
ORDER signed by Magistrate Judge Kendall J. Newman on 7/17/2017 FINDINGS AND RECOMMENDATIONS #44 in each of these actions are VACATED; Defendant's #22 Motion to Dismiss filed in each of these actions is GRANTED; these actions are DISMISSED, but Plaintiff is GRANTED 30 days leave to amend. (Reader, L)
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| Filing 49 RESPONSE to #46 Objections to Findings and Recommendations by Sylvia Mathews Burwell. (Montoya, Bobbie) |
| Filing 48 DECLARATION of Samuel J. Romero re #46 Objections to Findings and Recommendations. (Romero, Samuel) |
| Filing 47 REQUEST for JUDICIAL NOTICE by Prime Healthcare Services-Shasta, LLC in re #46 Objections to Findings and Recommendations. (Romero, Samuel) |
| Filing 46 OBJECTIONS to FINDINGS and RECOMMENDATIONS #44 by Plaintiff Prime Healthcare Services-Shasta, LLC. (Romero, Samuel) |
| Filing 45 OBJECTIONS to FINDINGS and RECOMMENDATIONS #44 by Defendant Sylvia Mathews Burwell. (Montoya, Bobbie) |
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Filing 44
[VACATED SEE ORDER [ #50 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 5/9/17 RECOMMENDING that Defendant's motion to dismiss filed in each of these actions be GRANTED. These actions be dismissed without prejudice for lack of subject matter jurisdiction. The Clerk of Court be directed to vacate all dates and close these cases. Matter referred to District Judge Troy L. Nunley. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties.(Kastilahn, A) Modified on 7/17/2017 (Reader, L).
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Filing 43
ORDER signed by District Judge Troy L. Nunley on 12/15/2016 REFERRING #22 all pending Motion to Dismiss in the LEAD action and the RELATED CASES to Magistrate Judge Newman for Findings and Recommendations; ADDITIONALLY the Court ORDERS that all future motions to dismiss or motions to amend be noticed before Magistrate Judge Kendall J. Newman.(Reader, L)
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| Filing 42 RESPONSE to 41 Minute Order by Plaintiff Prime Healthcare Services - Shasta, LLC. (Romero, Samuel) |
| Filing 41 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on December 1, 2016: Upon review of the parties' Joint Statement filed on November 9, 2016 (ECF No. #39 ), the Court asks Plaintiff to indicate whether it consents to sending the pending motions to dismiss, in the instant case and all related cases, before the Magistrate Judge for Findings and Recommendations. Plaintiff shall notify the Court of its decision within fourteen (14) days of this order. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 40 NOTICE of RELATED CASE 2:14-cv-02791, 2:15-cv-00154, 2:15-cv-00400, 2:15-cv-00450, 2:15-cv-00473, 2:15-cv-00474, 2:15-cv-00709, 2:15-cv-01120, 2:16-cv-00230, 2:16-cv-02521, 2:16-cv-02278 by Prime Healthcare Services-Shasta, LLC. (Romero, Samuel) |
| Filing 39 JOINT STATEMENT Regarding Court's Proposal to Appoint Special Master by Plaintiff Prime Healthcare Services-Shasta, LLC. Attorney Romero, Samuel Joel added. (Romero, Samuel) Modified on 11/10/2016 (Zignago, K.). |
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Filing 38
ORDER signed by District Judge Troy L. Nunley on 11/2/16 ORDERING the parties to meet and confer within seven (7) days of the entry of this Order and file a joint statement apprising the Court of whether they will consent to the appointment of a special master. (Washington, S) (Main Document 38 replaced on 11/2/2016) (Washington, S).
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Filing 37
ORDER signed by District Judge Troy L. Nunley on 10/28/2016 GRANTING #33 Motion to Withdraw as Attorney. Andrew H. Selesnick, Damaris L. Medina, and Ketakee R. Kane are WITHDRAWN as counsel for Plaintiff Prime Healthcare Services Shasta, LLC. (Butolph, J)
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| Filing 36 NOTICE OF ASSOCIATION OF COUNSEL: Attorney Ronald S. Hodges ADDED for Prime Healthcare Services-Shasta, LLC. (Hodges, Ronald) Modified on 10/26/2016 (Michel, G.). |
| Filing 35 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/17/2016: On the Court's own motion, Plaintiff's Motion to Withdraw as Attorney (ECF No. #33 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 8/25/2016 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 34 [DISREGRARD - INADVERENTLY DOCKETED IN WRONG CASE] MOTION to WITHDRAW as ATTORNEY of Andrew H. Selesnick, Damaris L. Medina, and Ketakee R. Kane by Prime Healthcare Services-Shasta, LLC. Motion Hearing set for 8/25/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Kane, Ketakee) Modified on 7/20/2016 (Jackson, T). Modified on 7/27/2016 (Krueger, M). |
| Filing 33 MOTION to WITHDRAW as ATTORNEY of Andrew H. Selesnick, Damaris L. Medina, and Ketakee R. Kane by Prime Healthcare Services-Shasta, LLC. Motion Hearing set for 8/25/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Proposed Order)(Kane, Ketakee) Modified on 7/20/2016 (Jackson, T). |
| Filing 32 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/1/2016: On the Court's own motion, Defendant's Motion to Dismiss (ECF No. #22 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 4/7/2016 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
| Filing 31 AMENDED #30 REPLY BRIEF in support of #22 Motion to Dismiss by Sylvia Mathews Burwell. (Montoya, Bobbie) |
| Filing 30 REPLY by Sylvia Mathews Burwell in support of #22 Motion to Dismiss. (Montoya, Bobbie) |
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Filing 29
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/23/16 ORDERING that the hearing on Defendant's #22 motion to dismiss is SET for 4/7/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. Defendant's reply briefs, if any, shall be filed and served no later 3/24/2016. (Kastilahn, A)
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| Filing 28 STIPULATION and PROPOSED ORDER continuing the hearing on #22 Motion to Dismiss for Lack of Jurisdiction by Prime Healthcare Services-Shasta, LLC. (Kane, Ketakee) Modified on 2/23/2016 (Michel, G.). |
| Filing 27 OPPOSITION by Prime Healthcare Services-Shasta, LLC to #22 Motion to Dismiss for Lack of Jurisdiction. (Kane, Ketakee) |
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Filing 26
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/13/2016 ORDERING that the hearing on Defendant's pending motion to dismiss shall be heard on March 10, 2016; Plaintiff's opposition to the pending motions to dismiss, if any, shall be filed and served by no later than January 28, 2016; and, Defendant's reply briefs, if any, shall be filed and served no later February 25, 2016. (Becknal, R)
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| Filing 25 STIPULATION and PROPOSED ORDER to Extend the Deadline to File a Responsive Pleading re #22 Motion to Dismiss for Lack of Jurisdiction by Prime Healthcare Services-Shasta, LLC. (Kane, Ketakee) |
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Filing 24
STIPULATION and ORDER #23 for extension of deadlines signed by District Judge Troy L. Nunley on 10/23/2015. Plaintiff's Oppositions to defendant's #22 Motion to Dismiss is now due 1/14/2016. Defendant's Replies in support of Motion shall be filed by 2/11/2016. Hearing on defendant's Motion to Dismiss is CONTINUED to 2/25/2016 at 2:00 PM in Courtroom 2 (TLN). (Marciel, M)
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| Filing 23 STIPULATION and PROPOSED ORDER by Prime Healthcare Services-Shasta, LLC extending time to file Opposition and Reply to #22 Motion to Dismiss for Lack of Jurisdiction. (Kane, Ketakee) Modified on 10/26/2015 (Marciel, M) |
| Filing 22 MOTION to DISMISS by Sylvia Mathews Burwell. Motion Hearing set for 11/19/2015 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities) (Montoya, Bobbie) Modified on 10/26/2015 (Marciel, M) |
| Filing 21 DESIGNATION OF COUNSEL FOR SERVICE: Attorney Bobbie J. Montoya, cv ADDED for Sylvia Mathews Burwell; Attorney Edward A. Olsen, GOVT TERMINATED. (Montoya, Bobbie) Modified on 9/30/2015 (Michel, G.). |
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Filing 20
STIPULATION and ORDER #19 for extension of time signed by District Judge Troy L. Nunley on 8/18/2015. Defendant's deadline to file responsive pleading is MOVED to 10/5/2015. (Marciel, M)
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| Filing 19 STIPULATION and PROPOSED ORDER extending deadline to file responsive pleadig by Sylvia Mathews Burwell. (Olsen, Edward) Modified on 8/19/2015 (Marciel, M) |
| Filing 18 NOTICE of CHANGE of ADDRESS by Ketakee R. Kane. (Kane, Ketakee) |
| Filing 17 FIRST AMENDED COMPLAINT against Prime Healthcare Services-Shasta, LLC by Prime Healthcare Services-Shasta, LLC. (Attachments: #1 Exhibit a, #2 Civil Cover Sheet)(Kane, Ketakee) Modified on 7/8/2015 (Meuleman, A). |
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Filing 16
STIPULATION and ORDER signed by District Judge Troy L. Nunley on 6/2/15. The deadline to file an amended complaint is extended to 7/2/15. Responsive pleading deadline extended to 9/4/15. (Manzer, C)
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| Filing 15 STIPULATION and PROPOSED ORDER for TO EXTEND THE DEADLINE TGO FILE A RESPONSIVE PLEADING by Prime Healthcare Services-Shasta, LLC. (Kane, Ketakee) |
| Filing 14 NOTICE of association of counsel by Prime Healthcare Services-Shasta, LLC. Attorney Kane, Ketakee R. added. (Kane, Ketakee) Modified on 6/1/2015 (Zignago, K.). |
| Filing 13 NOTICE of APPEARANCE by Bryan Wong on behalf of Prime Healthcare Services-Shasta, LLC. Attorney Wong, Bryan added. (Wong, Bryan) |
| Filing 12 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kaminski, H) |
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Filing 11
RELATED CASE ORDER signed by District Judge Troy L. Nunley on 4/27/15: The actions denominated 2:15-cv-00154-TLN-DAD, 2:15-cv-00324-JAM-CMK, and 2:15- cv-00400-TLN-CMK are hereby reassigned to District Judge Troy L. Nunley and Magistrate Judge Kendall J. Newman for all further proceedings. Any dates currently set in the reassigned cases are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as:2:15-cv-00324 TLN-KJN. (Kaminski, H)
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Filing 10
STIPULATION and ORDER signed by Judge John A. Mendez on 4/10/15 ORDERING that the deadline for the Defendant's responsive pleading is EXTENDED to 6/5/2015. (Kastilahn, A)
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| Filing 9 STIPULATION and PROPOSED ORDER for [Second] Extend the Deadline to File a Responsive Pleading by Sylvia Mathews Burwell. (Olsen, Edward) |
| Filing 8 NOTICE of RELATED CASE 2:14-cv-02791, 2:15-cv-00154, 2:15-cv-00324, 2:15-cv-00400 by Sylvia Mathews Burwell. [Revised] (Olsen, Edward) |
| Filing 7 NOTICE of RELATED CASE 2:14-CV-02791, 2:15-CV-00400, 2:15-CV-00154 by Sylvia Mathews Burwell. Attorney Olsen, Edward A added. (Olsen, Edward) |
| Filing 6 SUMMONS RETURNED EXECUTED: Sylvia Mathews Burwell served on 2/26/2015. (Tomas, Oliver) Modified on 3/3/2015 (Michel, G.). |
| Filing 5 CLERK'S NOTICE: (Text only); This CASE has been ASSIGNED to Magistrate Judge Craig M. Kellison; The New Case Number is 2:15-cv-00324 JAM CMK. (Mena-Sanchez, L) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Consent Form, #2 Order re Filing Requirements, #3 VDRP) (Mena-Sanchez, L) |
| Filing 3 SUMMONS ISSUED as to *Sylvia Mathews Burwell* with answer to complaint due within *21* days. Attorney *Oliver Tomas* *Prime Healthcare Management, Inc.* *3300 East Guasti Road, 3rd Floor* *Ontario, CA 91761*. (Mena-Sanchez, L) |
| Filing 2 CIVIL COVER SHEET by Prime Healthcare Services-Shasta, LLC (Tomas, Oliver) |
| Filing 1 COMPLAINT against Sylvia Mathews Burwell, in her offical capacity as Secretary of the Department of Health and Human Services by Prime Healthcare Shasta, LLC. Attorney Tomas, Oliver added. (Filing fee $ 400, receipt number 0972-5737029) (Attachments: #1 Exhibit)(Tomas, Oliver) |
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