Benson v. Maxim Healthcare Services, Inc.
Plaintiff: Benson and Loretta Jean Benson
Defendant: Maxim Healthcare Services, Inc.
Case Number: 2:2017cv00771
Filed: April 12, 2017
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F Brennan
Referring Judge: Morrison C England
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 7, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 7, 2018 Opinion or Order Filing 35 JUDGMENT dated *11/7/2018* pursuant to order signed by District Judge Morrison C. England, Jr on 11/6/2018. (Becknal, R)
November 7, 2018 Opinion or Order Filing 34 ORDER signed by District Judge Morrison C. England, Jr on 11/6/2018 GRANTING Defendant's #27 Motion to Compel Arbitration on an Individual Basis and DISMISSING Plaintiff's Complaint and this action. CASE CLOSED (Becknal, R)
August 30, 2018 Filing 33 REQUEST for JUDICIAL NOTICE by Maxim Healthcare Services, Inc. in re #32 Reply. (Attachments: #1 Exhibit 1)(Battenfeld, John) Modified on 9/5/2018 (Mena-Sanchez, L).
August 30, 2018 Filing 32 REPLY by Maxim Healthcare Services, Inc. re #27 Motion to Compel. (Battenfeld, John)
August 23, 2018 Filing 31 OPPOSITION by Loretta Jean Benson to #27 Motion to Compel. (Hayes, Matthew)
July 23, 2018 Filing 30 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the September 6, 2018 hearing on the Motion to Compel #27 is vacated and submitted without appearance and argument. The opposition or statement of non-opposition, and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
July 19, 2018 Filing 29 DECLARATION of Deah Ruebel in support of #27 Motion to Compel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Battenfeld, John) Modified on 7/20/2018 (York, M).
July 19, 2018 Filing 28 DECLARATION of Andrea Fellion in support of #27 Motion to Compel (Attachments: #1 Exhibit 1) (Battenfeld, John) Modified on 7/20/2018 (York, M).
July 19, 2018 Filing 27 MOTION to COMPEL Arbitration on an Individual Basis and to Dismiss Plaintiff's Complaint by Maxim Healthcare Services, Inc. Motion Hearing set for 9/6/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. (Attachments: #1 Proposed Order) (Battenfeld, John)
June 21, 2018 Filing 26 NOTICE of APPEARANCE by Andrea L. Fellion on behalf of Maxim Healthcare Services, Inc.. Attorney Fellion, Andrea L. added. (Fellion, Andrea)
June 19, 2018 Opinion or Order Filing 25 ORDER signed by District Judge Morrison C. England, Jr on 6/18/2018 DISCHARDING 23 Order to Show Cause. Any Motion to Compel Arbitration that shall be filed not later than 30 days following the date this Order is electronically filed. Alternatively, if Defendant declines to file such a motion, it shall inform the Court of its decision in writing by that same date, after which a scheduling order will issue. (Washington, S) Modified on 6/19/2018 (Washington, S).
June 15, 2018 Filing 24 RESPONSE to ORDER to SHOW CAUSE by Loretta Jean Benson. (Pawlenko, Kye)
June 13, 2018 Filing 23 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: This Court has reviewed the status report filed at ECF No. 22 and the Supreme Court's decision in Ernst & Young, LLP v. Stephen Morris, Case No. 16-300. Not later than ten (10) days following the date of this Order, Plaintiff is Ordered to Show Cause why this case should not be dismissed. Failure to timely comply with this Order will result in dismissal of this action pursuant to Federal Rule of Civil Procedure 41 with no further notice to the parties. (Deutsch, S).
June 4, 2018 Filing 22 STATUS REPORT by Maxim Healthcare Services, Inc.. (Battenfeld, John)
May 3, 2018 Filing 21 STATUS REPORT by Maxim Healthcare Services, Inc.. (Battenfeld, John)
April 20, 2018 Filing 20 NOTICE of Withdrawal of Shannon Nakabayashi as Counsel by Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
April 3, 2018 Filing 19 STATUS REPORT by Maxim Healthcare Services, Inc. (Nakabayashi, Shannon)
February 1, 2018 Filing 18 STATUS REPORT by Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
January 2, 2018 Filing 17 STATUS REPORT by Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
December 1, 2017 Filing 16 STATUS REPORT by Maxim Healthcare Services, Inc. (Nakabayashi, Shannon)
November 1, 2017 Filing 15 STATUS REPORT by Maxim Healthcare Services, Inc.. (Nakabayashi, Shannon)
October 2, 2017 Opinion or Order Filing 14 ORDER granting #10 Motion to Stay signed by District Judge Morrison C. England, Jr on 9/29/17. (Kaminski, H)
September 29, 2017 Filing 13 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendant's Motion to Stay (ECF No. 10), scheduled for hearing on October 5, 2017, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S)
September 28, 2017 Filing 12 REPLY by Maxim Healthcare Services, Inc. to #11 Opposition to Motion to Stay. (Nakabayashi, Shannon)
September 21, 2017 Filing 11 OPPOSITION by Loretta Jean Benson to #10 Motion to Stay (Pawlenko, Kye)
August 24, 2017 Filing 10 MOTION to STAY by Maxim Healthcare Services, Inc.. Motion Hearing set for 10/5/2017 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.. (Attachments: #1 Points and Authorities, #2 Declaration of Shannon Nakabayashi, #3 Declaration of Adam Schultz, #4 Proposed Order)(Nakabayashi, Shannon)
June 9, 2017 Filing 9 CORPORATE DISCLOSURE STATEMENT by Defendant Maxim Healthcare Services, Inc. (Battenfeld, John)
June 9, 2017 Filing 8 ANSWER to #1 Complaint by Maxim Healthcare Services, Inc. Attorney Battenfeld, John Spivey ADDED. (Battenfeld, John)
June 1, 2017 Opinion or Order Filing 7 STIPULATION and ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT signed by District Judge Morrison C. England, Jr on 5/31/17. Defendant's responsive pleading is now due 6/9/2017.(Mena-Sanchez, L)
May 31, 2017 Filing 6 STIPULATION and PROPOSED ORDER for Extension of Time to respond to the #1 Complaint by Maxim Healthcare Services, Inc. Attorney Nakabayashi, Shannon Bettis ADDED. (Nakabayashi, Shannon)
April 26, 2017 Filing 5 SUMMONS RETURNED EXECUTED: Maxim Healthcare Services, Inc. served on 4/18/2017, answer due 5/9/2017. (Hayes, Matthew)
April 12, 2017 Filing 4 NOTICE of APPEARANCE by Kye Douglas Pawlenko on behalf of Loretta Jean Benson. Attorney Pawlenko, Kye Douglas added. (Pawlenko, Kye)
April 12, 2017 Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Kaminski, H)
April 12, 2017 Filing 2 SUMMONS ISSUED as to *Maxim Healthcare Services, Inc.* with answer to complaint due within *21* days. Attorney *Matthew Bryan Hayes* *Hayes Pawlenko LLP* *595 E Colorado Blvd, Suite 303* *Pasadena, CA 91101*. (Kaminski, H)
April 12, 2017 Filing 1 COMPLAINT against All Defendants by Loretta Jean Benson. Attorney Hayes, Matthew Bryan added. (Filing fee $ 400, receipt number 0972-7009842) (Attachments: #1 Civil Cover Sheet)(Hayes, Matthew)

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Defendant: Maxim Healthcare Services, Inc.
Represented By: Shannon Bettis Nakabayashi
Represented By: Andrea L. Fellion
Represented By: John Spivey Battenfeld
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Plaintiff: Benson
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Plaintiff: Loretta Jean Benson
Represented By: Kye Douglas Pawlenko
Represented By: Matthew Bryan Hayes
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