Fonseca v. Kaiser Permanente Medical Center Roseville, et al.
Fonseca and Jonee Fonseca |
Kaiser Permanente Medical Center Roseville, Karen Smith and Michael Myette |
2:2016cv00889 |
April 28, 2016 |
U.S. District Court for the Eastern District of California |
Sacramento Office |
Placer |
Edmund F Brennan |
Kimberly J Mueller |
Civil Rights: Other |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on December 4, 2017. A more recent docket listing may be available from PACER.
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Filing 94 TRANSCRIPT of Proceedings held on September 8, 2017, Re: Deft's Motion to Dismiss, before District Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 12/26/2017. Redacted Transcript Deadline set for 1/5/2018. Release of Transcript Restriction set for 3/5/2018. (Bodene, C) |
Filing 93 TRANSCRIPT REQUEST by Jonee Fonseca for proceedings held on 9/8/17 before Judge Kimberly J. Mueller. Court Reporter Cathie Bodene. (McReynolds, Matthew) |
Filing 92 USCA CASE NUMBER 17-17153 for #90 Notice of Appeal filed by Jonee Fonseca. (Zignago, K.) |
Filing 91 APPEAL PROCESSED to Ninth Circuit re #90 Notice of Appeal filed by Jonee Fonseca. Notice of Appeal filed *10/19/2017*, Complaint filed *4/28/2016* and Appealed Order / Judgment filed *9/25/2017*. Court Reporter: *Jennifer Coulthard*. *Fee Status: Paid on 10/19/2017 in the amount of $505.00* (Attachments: #1 Appeal Information) (Kaminski, H) |
Filing 90 NOTICE of APPEAL by Jonee Fonseca as to #89 Judgment, #88 Order. (Filing fee $ 505, receipt number 0972-7320712) (Attachments: #1 Notice)(Snider, Kevin) Modified on 10/20/2017 (Kaminski, H). |
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Filing 87 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 9/8/2017. Attorneys, Kevin Snider, Matthew McReynolds, and Alexandra Snyder, present for plaintiff. Attorney, Ashante Norton, present for defendant Karen Smith. After hearing oral argument, the court took Defendant's Motion to Dismiss (ECF No. #83 ) under submission; a formal written order to issue. Court Reporter: Cathie Bodene. (Text Only Entry) (Schultz, C) |
Filing 86 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the hearing on Defendant's Motion to Dismiss (ECF No. #83 ) set for 8/11/2017 is VACATED and RESET for 9/8/2017 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry) (Schultz, C) |
Filing 85 REPLY by Karen Smith re #84 Opposition to Motion, #83 Motion to Dismiss. (Norton, Ashante) |
Filing 84 OPPOSITION by Jonee Fonseca to #83 Motion to Dismiss. (Snider, Kevin) |
Filing 83 MOTION to DISMISS by Karen Smith. Motion Hearing set for 8/11/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities, #2 Proof of Service)(Norton, Ashante) |
Filing 82 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The court GRANTS the parties' stipulation (ECF #81 ) to extend defendant Smith's May 5, 2017 deadline to respond to the third amended complaint (ECF #80 ). Defendant's response shall be filed by May 19, 2017. (Text Only Entry) (Schultz, C) |
Filing 81 STIPULATION and PROPOSED ORDER for Extending Time To Respond To 3AC re #80 Amended Complaint by Karen Smith. (Attachments: #1 Proof of Service)(Norton, Ashante) |
Filing 80 THIRD AMENDED COMPLAINT against Karen Smith by Jonee Fonseca.(Snider, Kevin) |
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Filing 77 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on 10/7/2016. Attorney, Kevin Snider, present for Plaintiffs. Attorney, Ashante Norton, present for Defendant Karen Smith. After hearing oral argument as to Defendant's Motion to Dismiss (ECF No. 68]), the court took the matter under submission. Although the matter was also on calendar for a scheduling conference, the court deferred scheduling. A formal written order will issue. Court Reporter: Jennifer Coulthard. (Text Only Entry) (Schultz, C) |
Filing 76 OPPOSITION by Plaintiff Jonee Fonseca to #74 Objections to Plaintiff's Request for Judicial Notice. (Snider, Kevin) Modified on 10/4/2016 (Kastilahn, A). |
Filing 75 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the lengthy calendar on 10/7/2016 and to ensure sufficient time for all matters, the hearing on Defendant's Motion to Dismiss (ECF No. #68 ) and Status (Pretrial Scheduling) Conference set for 10/7/2016 at 10:00 AM is RESET on the same date for 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller. (Text Only Entry)(Schultz, C) |
Filing 74 OBJECTIONS by Defendant Karen Smith to #71 Request for Judicial Notice. (Attachments: #1 Proof of Service)(Norton, Ashante) |
Filing 73 REPLY by Karen Smith to RESPONSE to #68 MOTION to DISMISS. (Attachments: #1 Proof of Service)(Norton, Ashante) |
Filing 72 JOINT STATUS REPORT by Jonee Fonseca. (Snider, Kevin) |
Filing 71 REQUEST for JUDICIAL NOTICE by Jonee Fonseca in re #70 Opposition to Motion. (Attachments: #1 Exhibit 1)(Snider, Kevin) |
Filing 70 OPPOSITION by Jonee Fonseca to #68 MOTION to DISMISS. (Snider, Kevin) |
Filing 69 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion, the Status (Pretrial Scheduling) Conference set for 10/13/2016 is VACATED and ADVANCED to 10/7/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry)(Schultz, C) |
Filing 68 MOTION to DISMISS by Karen Smith. Motion Hearing set for 10/7/2016 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. (Attachments: #1 Points and Authorities [Memorandum of], #2 Notice [Request for Judicial], #3 Exhibit A-E to Request for Judicial Notice)(Norton, Ashante) |
Filing 67 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: In light of the Order at ECF No. #66 extending the time for defendant Karen Smith to respond to the Second Amended Complaint and on the court's own motion, the Status (Pretrial Scheduling) Conference set for 9/1/2016 is VACATED and RESET for 10/13/2016 at 2:30 PM in Courtroom 3 before District Judge Kimberly J. Mueller, with the filing of a joint status report due seven days prior. (Text Only Entry)(Schultz, C) |
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Filing 65 STIPULATION and PROPOSED ORDER for Extending Time to Respond to the #64 Second Amended Complaint by Karen Smith. (Norton, Ashante) |
Filing 64 SECOND AMENDED COMPLAINT against Karen Smith by Jonee Fonseca.(Snider, Kevin) |
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Filing 62 STIPULATION and [PROPOSED] ORDER Extending Time to Respond to The Amended Complaint #29 by Karen Smith. (Norton, Ashante) Modified on 6/21/2016 (Mena-Sanchez, L). |
Filing 61 USCA CASE NUMBER 16-15883 for #49 Notice of Interlocutory Appeal filed by Jonee Fonseca. (Zignago, K.) |
Filing 60 NOTICE of VOLUNTARY DISMISSAL by Jonee Fonseca. (Attachments: #1 Proposed Order re Dismissal of Kaiser & Dr. Myette)(Snider, Kevin) |
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Filing 57 STIPULATION and PROPOSED ORDER to extend time for filing responsive pleading by Kaiser Permanente Medical Center Roseville, Michael Myette. (Attachments: #1 Proposed Order)(Jones, Drexwell) Modified on 6/2/2016 (Washington, S). |
Filing 56 STIPULATION to extend Time to Respond to The Amended Complaint for Declaratory Relief by Karen Smith. (Norton, Ashante) Modified on 6/2/2016 (Washington, S). |
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Filing 53 TRANSCRIPT of motion for preliminary injunction held on May 11, 2016, before District Judge Kimberly J. Mueller, filed by Court Reporter Kathy Swinhart, Phone number 916-446-1347 E-mail kswinhartcsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may also be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/9/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016. (Swinhart, K) |
Filing 52 STIPULATION and PROPOSED ORDER to Extend Time for Filing Responsive Pleading by Kaiser Permanente Medical Center Roseville, Michael Myette. (Attachments: #1 Proposed Order)(Jones, Drexwell) |
Filing 51 SUMMONS RETURNED EXECUTED: Jonee Fonseca served on 5/17/2016, answer due 6/7/2016. (Snider, Kevin) |
Filing 50 APPEAL PROCESSED to Ninth Circuit re #49 Notice of Interlocutory Appeal filed by Jonee Fonseca. Notice of Appeal filed *5/14/2016*, Complaint filed *4/28/2016* and Appealed Order / Judgment filed *5/13/2016*. Court Reporter: *Kathy Swinhart*. *Fee Status: Paid on 5/14/2016 in the amount of $505.00* (Attachments: #1 Appeal Information) (Reader, L) |
Filing 49 NOTICE of INTERLOCUTORY APPEAL by Jonee Fonseca as to #48 Order,. (Filing fee $ 505, receipt number 0972-6468966) (Attachments: #1 Notice Statement of Issues)(Snider, Kevin) |
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Filing 47 AMENDED TRANSCRIPT REQUEST re #46 by Kaiser Permanente Medical Center Roseville for proceedings held on May 11, 2016 before Judge Kimberly J. Mueller. Court Reporter Kathy Swinhart. (Curliano, Jason) |
Filing 46 TRANSCRIPT REQUEST by Kaiser Permanente Medical Center Roseville for proceedings held on May 11, 2016 before Judge Honorable Kimberly J. Mueller. Court Reporter Kathy Swinhart. (Curliano, Jason) |
Filing 45 MINUTES for MOTION HEARING held before District Judge Kimberly J. Mueller on May 11, 2016. Attorney, Kevin Snider, Matthew McReynolds, and Alexandra Snyder, present for plaintiff. Plaintiff, Jonee Fonseca, present. Attorney, Jason Curliano, present for defendants Kaiser Permanente Medical Center Roseville and Michael Myette. Attorney, Ashante Norton and Ismael Castro, present for Karen Smith. After hearing oral argument as to plaintiff's Motion for Preliminary Injunction (ECF No. #33 ), the court took the matter under submission. A formal written order will issue. Court Reporter: Kathy Swinhart. (Text Only Entry) (Schultz, C) |
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Filing 43 OPPOSITION by Defendant Kaiser Permanente Medical Center Roseville to #33 Memorandum. (Attachments: #1 Declaration of Dr. Michael S. Myette, #2 Exhibit A, #3 Exhibit B)(Curliano, Jason) (Docket Text Modified on 5/10/2016 by C. Schultz) |
Filing 42 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: CONTINUED INFORMAL CONFERENCE CALL re further settlement discussions held on 5/10/2016. No additional progress made. Plaintiffs Counsel Alexandra Snyder present. Defendants Counsel Jason Curliano present. (Owen, K) |
PAYMENT for Pro Hac Vice Application in the amount of $ 200, receipt number 0972-6461081. (Curliano, Jason) |
Filing 41 APPLICATION for Pro Hac Vice of Walter Dellinger, Proposed Order by Kaiser Permanente Medical Center Roseville. (Curliano, Jason) Modified on 5/10/2016 (Becknal, R). |
Filing 40 NOTICE of APPEARANCE by Ashante Latrice Norton on behalf of Karen Smith. Attorney Norton, Ashante Latrice added. (Norton, Ashante) |
Filing 39 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: INFORMAL CONFERENCE CALL held on 5/9/2016 re further settlement discussions. Court set a further informal conference call for 5/10/2016 at 10:00 AM before Magistrate Judge Carolyn K. Delaney. Parties are instructed to connect to the call using the same dial-in information previously provided. Plaintiffs Counsel Alexandra Snyder present. Defendants Counsel Jason Curliano present. (Owen, K) |
Filing 38 NOTICE of personal service by of Alexandra Snyder. (Snyder, Alexandra) Modified on 5/9/2016 (Becknal, R). |
Filing 37 DECLARATION of Alan Shewmon, MD. (Snyder, Alexandra) |
Filing 36 DECLARATION of Dr. Paul Byrne. (Attachments: #1 Exhibit Brain Death Guidelines for Children)(Snyder, Alexandra) |
Filing 35 DECLARATION of Jonee Fonseca. (Snyder, Alexandra) |
Filing 34 DECLARATION of Alexandra Snyder. (Attachments: #1 Exhibit Article, #2 Exhibit Author CV)(Snyder, Alexandra) |
Filing 33 PLAINTIFF'S MOTION for Preliminary Injunction; Memorandum in Support (Attachments: #1 Proposed Order to supersede TRO with Preliminary Injunction)(Snider, Kevin) Modified on 5/9/2016 (Becknal, R). |
Filing 32 DECLARATION of Jonee Fonseca re video recording. (Attachments: #1 Exhibit 1)(Snyder, Alexandra) Modified on 5/9/2016 (Becknal, R). |
Filing 31 PETITION for Appointment of Guardian Ad Litem by Jonee Fonseca. Attorney Snyder, Alexandra M. added. (Snyder, Alexandra) |
Filing 30 SUMMONS ISSUED as to *Karen Smith* with answer to complaint due within *21* days. Attorney *Kevin Trent Snider* *Pacific Justice Institute* *P.O. Box 276600* *Sacramento, CA 95827*. (Mena-Sanchez, L) |
Filing 29 FIRST AMENDED COMPLAINT against Karen Smith by Jonee Fonseca.(Snider, Kevin) |
Filing 28 MINUTES (Text Only) for proceedings before Magistrate Judge Carolyn K. Delaney: SETTLEMENT CONFERENCE held on 5/3/2016. After negotiations, CASE NOT SETTLED. The Court set a follow-up informal conference call for 5/9/2016 at 10:00 AM before Magistrate Judge Carolyn K. Delaney. Parties are instructed to use the following to access the conference call: 877-848-7030 (dial), 7431521 (access code). Plaintiffs Counsel Alexandra Snider, Seth Kraus present. Defendants Counsel Jason Curliano present. (Owen, K) |
Filing 27 NOTICE of submission of Confidential Settlement Conference Statement by Kaiser Permanente Medical Center Roseville, Michael Myette. (Jones, Drexwell) Modified on 5/4/2016 (Mena-Sanchez, L). |
Filing 26 NOTICE of APPEARANCE by Drexwell M. Jones on behalf of Kaiser Permanente Medical Center Roseville, Michael Myette. Attorney Jones, Drexwell M. added. (Jones, Drexwell) |
Filing 25 NOTICE of Submission of Confidential Settlement Statement by Jonee Fonseca. (Snider, Kevin) |
Filing 24 NOTICE of APPEARANCE by Kevin Trent Snider on behalf of Jonee Fonseca. (Snider, Kevin) |
Filing 23 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller ORDERING a Settlement Conference SET for May 3, 2016 at 1:30 PM in Courtroom 24 before Magistrate Judge Carolyn K. Delaney. As soon as practical, the parties are directed to submit confidential statements, not to exceed five pages, to Magistrate Judge Delaney's chambers using the following email address: ckdorders@caed.uscourts.gov. Such statements are neither to be filed with the Clerk nor served on opposing counsel; however, each party shall e-file a one page document entitled Notice of Submission of Confidential Settlement Conference Statement. Each party is reminded of the requirement that it be represented in person at the settlement conference by a person able to dispose of the case or fully authorized to settle the matter at the conference on any terms. See Local Rule 270 (Text Only Entry) (Schultz, C) |
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Filing 21 DECLARATION of Alexandra Snyder in SUPPORT OF #1 Motion for Temporary Restraining Order, #2 TRO Checklist. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Snider, Kevin) |
Filing 20 REPLY by Jonee Fonseca to Defendants' OPPOSITION to Request for TRO #14 . (Snider, Kevin) Modified on 5/3/2016 (Mena-Sanchez, L). |
Filing 19 NOTICE of proceedings and orders in Superior Court; Declaration of Alexander Snyder re #1 Motion for Temporary Restraining Order. (Attachments: #1 Exhibit 1)(Snider, Kevin) Modified on 5/3/2016 (Mena-Sanchez, L). |
Filing 18 DECLARATION of Alexandra Snyder in SUPPORT OF #1 Motion for Temporary Restraining Order, #2 TRO Checklist. (Attachments: #1 Exhibit 1)(Snider, Kevin) |
Filing 17 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: Plaintiff shall file a notice before 12:00 p.m. noon today, Monday, May 2, 2016, describing any proceedings or orders in her case before the Placer County Superior Court that occurred after her complaint was filed in this court. The notice shall not exceed five pages. (Text Only Entry) (Schultz, C) |
Filing 16 DECLARATION of Dr. Nash in SUPPORT OF #2 TRO Checklist. (Snider, Kevin) |
Filing 15 DECLARATION of Dr. Mathews in SUPPORT OF #2 TRO Checklist. (Snider, Kevin) |
Filing 14 OPPOSITION by Defendants Kaiser Permanente Medical Center Roseville, Michael Myette to #4 Summons, #3 Declaration. Attorney Curliano, Jason John added. (Attachments: #1 Declaration of Jason J. Curliano, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M)(Curliano, Jason) (Docket Text Modified on 5/2/2016 by C. Schultz) |
Filing 13 NOTICE of Errata by Jonee Fonseca re #3 Declaration. (Attachments: #1 Declaration Angela Clemente)(Snider, Kevin) |
Filing 12 NOTICE of APPEARANCE by Jason John Curliano on behalf of Kaiser Permanente Medical Center Roseville. Attorney Curliano, Jason John added. (Curliano, Jason) |
Filing 11 NOTICE of Supplemental Evidence and Availability of Plaintiff to Testify by Jonee Fonseca re #7 Memorandum in Support of Motion, #9 Order. (Snider, Kevin) Modified on 5/2/2016 (Mena-Sanchez, L). |
Filing 10 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: The hearing set for May 2, 2016 at 1:30 PM before District Judge Troy L. Nunley is RESET on the same date and time before the assigned District Judge Kimberly J. Mueller. (See LR 122) Plaintiff shall serve a copy of the 4/28/2016 Order, ECF No. #9 , and this Minute Order on opposing counsel. (Text Only Entry)(Schultz, C) (Docket Text Modified on 4/29/2016 by C. Schultz: Adding language re: service.) |
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Filing 8 DECLARATION of Alexandra Snyder in SUPPORT OF #2 TRO Checklist. (Snider, Kevin) |
Filing 7 MEMORANDUM by Jonee Fonseca in SUPPORT of #1 Motion for Temporary Restraining Order. (Attachments: #1 Superior Court Order 1, #2 Superior Court Order 2, #3 Superior Court Order 3, #4 Superior Court Order 4, #5 Stinson Complaint)(Snider, Kevin) |
Filing 6 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/28/2016: Plaintiff is hereby ORDERED to immediately submit all Placer County Superior Court of California filings related to the temporary restraining order against Kaiser Permanente Medical Center Roseville. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference SET for 9/1/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Michel, G.) |
Filing 4 SUMMONS ISSUED as to *Kaiser Permanente Medical Center Roseville, Michael Myette* with answer to #1 Complaint and Motion for Temporary Restraining Order due within *21* days. Attorney *Kevin T. Snider* *PACIFIC JUSTICE INSTITUTE* *P.O. Box 276600* *Sacramento, CA 95827*. (Michel, G.) |
Filing 3 DECLARATION of Alexandra Snyder in support of #1 Motion for Temporary Restraining Order. (Attachments: #1 Declaration of Paul A. Bryne, M.D., #2 Declaration of Jonee Fonseca) (Snider, Kevin) |
Filing 2 TRO CHECKLIST by Jonee Fonseca. (Snider, Kevin) |
Filing 1 COMPLAINT and MOTION FOR TEMPORARY RESTRAINING ORDER by Jonee Fonseca. Attorney Snider, Kevin Trent ADDED. (Filing fee $400.00, receipt number 0972-6442400) (Snider, Kevin) |
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