Prime Healthcare Services Shasta, LLC v. Burwell
Plaintiff: Prime Healthcare Services Shasta, LLC and Prime Healthcare Services Shasta, LLC a Delaware limited liability company Doing business as Shasta Regional Medical Center
Defendant: Burwell and Sylvia Mathews Burwell
Case Number: 2:2015cv00400
Filed: February 20, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Kendall J Newman
Referring Judge: Troy L Nunley
Nature of Suit: Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. ยง 702
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 10, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2018 Opinion or Order 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)
December 27, 2017 Filing 56 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Gregory T. Broderick for Sylvia Mathews Burwell, attorney Bobbie J. Montoya, cv terminated (Broderick, Gregory)
December 19, 2017 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.).
October 20, 2017 Opinion or Order 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)
October 4, 2017 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)
August 14, 2017 Filing 52 PROPOSED SUBSTITUTION OF ATTORNEY by Prime Healthcare Services Shasta, LLC. (Romero, Samuel)
August 14, 2017 Filing 51 PROPOSED SUBSTITUTION OF ATTORNEY by Prime Healthcare Services Shasta, LLC. (Romero, Samuel)
July 17, 2017 Opinion or Order 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 #23 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)
June 6, 2017 Filing 49 RESPONSE to #46 Objections to Findings and Recommendations by Sylvia Mathews Burwell. (Montoya, Bobbie)
May 23, 2017 Filing 48 DECLARATION of Samuel J. Romero re #46 Objections to Findings and Recommendations. (Romero, Samuel)
May 23, 2017 Filing 47 REQUEST for JUDICIAL NOTICE by Prime Healthcare Services Shasta, LLC in re #46 Objections to Findings and Recommendations. (Romero, Samuel)
May 23, 2017 Filing 46 OBJECTIONS to FINDINGS and RECOMMENDATIONS #44 by Plaintiff Prime Healthcare Services Shasta, LLC. (Romero, Samuel)
May 23, 2017 Filing 45 OBJECTIONS to FINDINGS and RECOMMENDATIONS #44 by Defendant Sylvia Mathews Burwell. (Montoya, Bobbie)
May 9, 2017 Opinion or Order 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).
December 19, 2016 Opinion or Order Filing 43 ORDER signed by District Judge Troy L. Nunley on 12/15/2016 REFERRING #23 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)
December 15, 2016 Filing 42 RESPONSE to 41 Minute Order by Plaintiff Prime Healthcare Services Shasta, LLC. (Romero, Samuel)
December 1, 2016 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)
November 18, 2016 Filing 40 NOTICE of RELATED CASE 2:14-cv-02791, 2:15-cv-00154, 2:15-cv-00324, 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)
November 9, 2016 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.).
November 2, 2016 Opinion or Order 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).
October 31, 2016 Opinion or Order Filing 37 ORDER signed by District Judge Troy L. Nunley on 10/28/2016 GRANTING #34 Motion to Withdraw as Attorney. Andrew H. Selesnick, Damaris L. Medina, and Ketakee R. Kane are WITHDRAWN as counsel for Plaitiff Prime Healthcare Services Shasta, LLC. (Butolph, J)
October 25, 2016 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.).
August 17, 2016 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. #34 ) 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)
July 19, 2016 Filing 34 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).
April 1, 2016 Filing 33 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. #23 ) 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)
March 24, 2016 Filing 32 AMENDED #31 REPLY BRIEF in support of #23 Motion to Dismiss by Sylvia Mathews Burwell. (Montoya, Bobbie)
March 24, 2016 Filing 31 REPLY by Sylvia Mathews Burwell in support of #23 Motion to Dismiss. (Montoya, Bobbie)
February 24, 2016 Opinion or Order Filing 30 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/23/16 ORDERING that the hearing on Defendant's #23 motion to dismiss shall be heard on 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.
February 22, 2016 Filing 29 STIPULATION and PROPOSED ORDER continuing the hearing on #23 Motion to Dismiss by Prime Healthcare Services Shasta, LLC. (Kane, Ketakee) Modified on 2/23/2016 (Michel, G.).
January 28, 2016 Filing 28 OPPOSITION by Prime Healthcare Services Shasta, LLC to #23 Motion to Dismiss. (Kane, Ketakee)
January 14, 2016 Opinion or Order Filing 27 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)
January 12, 2016 Filing 26 STIPULATION and PROPOSED ORDER to Extend the Deadline to File a Responsive Pleading re #23 Motion to Dismiss by Prime Healthcare Services Shasta, LLC. (Kane, Ketakee)
October 26, 2015 Opinion or Order Filing 25 STIPULATION and ORDER #24 for extension of deadlines signed by District Judge Troy L. Nunley on 10/23/2015. Plaintiff's Oppositions to defendant's #23 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)
October 22, 2015 Filing 24 STIPULATION and PROPOSED ORDER extending time fileOpposition and Reply in support of #23 Motion to Dismiss by Prime Healthcare Services Shasta, LLC. (Kane, Ketakee) Modified on 10/26/2015 (Marciel, M)
October 5, 2015 Filing 23 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)
September 29, 2015 Filing 22 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.).
August 19, 2015 Opinion or Order Filing 21 STIPULATION and ORDER #20 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)
August 17, 2015 Filing 20 STIPULATION and PROPOSED ORDER extending deadline to file a responsive pleading by Sylvia Mathews Burwell. (Olsen, Edward) Modified on 8/19/2015 (Marciel, M)
July 9, 2015 Filing 19 NOTICE of CHANGE of ADDRESS by Ketakee R. Kane. (Kane, Ketakee)
July 2, 2015 Filing 18 FIRST AMENDED COMPLAINT against Sylvia Mathews Burwell by Prime Healthcare Services Shasta, LLC. (Attachments: #1 Exhibit a, #2 Civil Cover Sheet)(Kane, Ketakee) Modified on 7/8/2015 (Meuleman, A).
June 3, 2015 Opinion or Order Filing 17 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)
June 1, 2015 Filing 16 STIPULATION and PROPOSED ORDER for TO EXTEND THE DEADLINE TO FILE A RESPONSIVE PLEADING by Prime Healthcare Services Shasta, LLC. (Kane, Ketakee)
May 27, 2015 Filing 15 NOTICE OF ASSOCIATION OF COUNSEL by Prime Healthcare Services Shasta, LLC. Attorney Kane, Ketakee R. added. (Kane, Ketakee)
May 19, 2015 Filing 14 NOTICE of APPEARANCE by Bryan Wong on behalf of Prime Healthcare Services Shasta, LLC. Attorney Wong, Bryan added. (Wong, Bryan)
April 28, 2015 Opinion or Order Filing 13 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-00400-TLN-KJN. (Kaminski, H)
April 14, 2015 Opinion or Order Filing 12 STIPULATION and ORDER signed by District Judge Troy L. Nunley on 04/13/15 ORDERING that the deadline for the defendant's responsive pleading is extended to 06/05/15.(Benson, A)
April 9, 2015 Filing 11 STIPULATION and PROPOSED ORDER for [Second] Extend the Deadline to File a Responsive Pleading by Sylvia Mathews Burwell. (Olsen, Edward)
April 7, 2015 Filing 10 NOTICE of RELATED CASE 2:14-cv-02791, 2:15-cv-00154, 2:15-cv-00324, 2:15-cv-00450, 2:15-cv-00473, 2:15-cv-00474, 2:15-cv-00709 by Sylvia Mathews Burwell. [Revised] (Olsen, Edward)
March 25, 2015 Filing 9 NOTICE of RELATED CASE 2:14-CV-02791, 2:15-CV-00324, 2:15-CV-00154 by Sylvia Mathews Burwell. Attorney Olsen, Edward A added. (Olsen, Edward)
March 2, 2015 Filing 8 SUMMONS RETURNED EXECUTED by Prime Healthcare Services Shasta, LLC. Sylvia Mathews Burwell served on 2/26/2015. (Tomas, Oliver) Modified on 3/3/2015 (Meuleman, A).
February 20, 2015 Filing 7 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Reader, L)
February 20, 2015 Filing 6 SECOND AMENDED SUMMONS ISSUED as to *Sylvia Mathews Burwell* with answer to complaint due within *60* days. Attorney *Oliver Tomas, Esquire* *Prime Healthcare Management, Inc.* *3300 East Guasti Road, 3rd Floor* *Ontario, California 91761*. (Reader, L)
February 20, 2015 Filing 5 CLERK'S NOTICE of DOCKET CORRECTION this action is assigned to Magistrate Judge Craig M. Kellison. Magistrate Judge Allison Claire no longer assigned to the case due to clerk's error. [TEXT ONLY] (Reader, L)
February 20, 2015 Filing 4 AMENDED SUMMONS ISSUED as to *Sylvia Mathews Burwell* with answer to complaint due within *60* days. Attorney *Oliver Tomas, Esq.* *Prime Healthcare Management, Inc.* *3300 East Guasti Road, 3rd Floor* *Ontario, California 91761*. (Reader, L)
February 20, 2015 Filing 3 SUMMONS ISSUED as to *Sylvia Mathews Burwell* with answer to complaint due within *60* days. Attorney *Oliver Tomas* *Prime Healthcare Services - Shasta, LLC* *3300 East Guasti Road, 3rd Floor* *Ontario, California 91761*. (Reader, L)
February 20, 2015 Filing 2 CIVIL COVER SHEET by SHASTA REGIONAL MEDICAL CENTER, LLC (Tomas, Oliver)
February 20, 2015 Filing 1 COMPLAINT for Review against Sylvia Mathews Burwell, Secretary of the Department of Health and Human Services by Prime Healthcare Services Shasta, LLC . Attorney Tomas, Oliver added. (Filing fee $ 400, receipt number 0972-5754908) (Attachments: #1 Exhibit A)(Tomas, Oliver) Modified on 2/20/2015 (Reader, L).

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Defendant: Burwell
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Defendant: Sylvia Mathews Burwell
Represented By: Bobbie Jo Montoya
Represented By: Edward A. Olsen, GOVT
Represented By: Gregory T. Broderick
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Plaintiff: Prime Healthcare Services Shasta, LLC
Represented By: Ronald S. Hodges
Represented By: Bryan Wong
Represented By: Matthew D. Pearson
Represented By: Shareef Farag
Represented By: Ketakee R. Kane
Represented By: Oliver Tomas
Represented By: Samuel Joel Romero
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Plaintiff: Prime Healthcare Services Shasta, LLC a Delaware limited liability company Doing business as Shasta Regional Medical Center
Represented By: Ronald S. Hodges
Represented By: Bryan Wong
Represented By: Matthew D. Pearson
Represented By: Shareef Farag
Represented By: Ketakee R. Kane
Represented By: Oliver Tomas
Represented By: Samuel Joel Romero
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