(PS) Campbell et al v. Regents of the University of California et al

Justia Dockets & Filings Ninth Circuit California Eastern District (PS) Campbell et al v. Regents of the University of California et al

(PS) Campbell et al v. Regents of the University of California et al

Plaintiff:	Allen Campbell and Cynthia Campbell
Defendant:	Robert Rominski, Tanya Escay, Kathleen Boden, Aethon, Inc., The Regents of the University of California, Regents of the University of California and Louis Small
Case Number:	2:2017cv02057
Filed:	October 4, 2017
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	Sacramento
Presiding Judge:	Deborah Barnes
Referring Judge:	Kimberly J Mueller
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1395 HHS: Adverse Reimbursement Review
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
May 27, 2020	CASE CLOSED per #64 Stipulation and Proposed Order and Minute Order (ECF No. 65). (Kastilahn, A)
May 26, 2020	Filing 65 MINUTE ORDER: (TEXT ONLY) signed by Magistrate Judge Deborah Barnes on 05/26/2020. Pursuant to the parties' signed re #64 Stipulation of Dismissal this case has been dismissed and this action closed. (Van Dine, B)
May 26, 2020	SERVICE BY MAIL: 65 Minute Order served on Allen Campbell, Cynthia Campbell. (Van Dine, B)
May 22, 2020	Filing 64 STIPULATION and PROPOSED ORDER for of Dismissal [FRCA 41(a)] by Aethon, Inc.. (Whitecavage, Joseph)
April 16, 2020	Filing 63 MINUTE ORDER: (TEXT ONLY) signed by Magistrate Judge Deborah Barnes on 04/16/2020. Defendant's re #62 Notice is granted. Dispositional documents shall be filed within thirty days of the date of this order. (Van Dine, B)
April 16, 2020	SERVICE BY MAIL: 63 Minute Order served on Allen Campbell, Cynthia Campbell. (Van Dine, B)
April 15, 2020	Filing 62 REQUEST for Extension to file Dispositional Documents by Aethon, Inc.. (Whitecavage, Joseph) Modified on 4/16/2020 (Kastilahn, A).
March 2, 2020	Filing 61 MINUTE ORDER: (TEXT ONLY) by Relief Courtroom Deputy for Magistrate Judge Deborah Barnes on 3/2/2020. IT IS HEREBY ORDERED: Pursuant to the #59 Notice of Settlement, the court has determined this case has settled. Dispositional documents shall be filed with the court within 45 days from today's date. Accordingly, all previously set deadlines/hearings are VACATED. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case. (Kennison, L)
March 2, 2020	SERVICE BY MAIL: 61 Minute Order Terminate Deadlines and Hearings served on Allen Campbell and Cynthia Campbell. (Kennison, L)
February 28, 2020	Filing 60 NOTICE of DESIGNATION OF COUNSEL by Aethon, Inc.. Attorney Joseph Whitecavage added for defendant Aethon, Inc., in place of Attorney Heidi C. Quan. (Whitecavage, Joseph) Modified on 3/2/2020 (Kastilahn, A).
February 28, 2020	Filing 59 NOTICE of SETTLEMENT by Aethon, Inc.. Attorney Whitecavage, Joseph A. added. Dispositional Docs due by 3/23/2020. (Whitecavage, Joseph)
February 3, 2020	Filing 58 MINUTE ORDER: (TEXT ONLY) signed by Magistrate Judge Deborah Barnes on 02/03/2020. Plaintiffs' #46 Motion for Reconsideration and #47 Motion to Amend the Complaint are denied without prejudice to renewal for failure to re-notice the motions for hearing as ordered by re 53 Minute Order.(Van Dine, B)
February 3, 2020	SERVICE BY MAIL: 58 Minute Order, Order on Motion for Reconsideration, Order on Motion to Amend the Complaint, served on Allen Campbell, Cynthia Campbell. (Van Dine, B)
October 3, 2019	Filing 57 EXPERT WITNESS DISCLOSURE by Aethon, Inc. (Quan, Heidi) Modified on 10/3/2019 (Huang, H).
April 19, 2019	Filing 56 INITIAL DISCLOSURES by Defendant Aethon, Inc. (Quan, Heidi) Modified on 4/22/2019 (Benson, A.).
March 18, 2019	Filing 55 STATUS (PRETRIAL SCHEDULING) ORDER signed by Magistrate Judge Deborah Barnes on 3/15/19 ORDERING that initial disclosures shall be made within 28 days of the date of this order. Plaintiffs' Designation of Expert Witnesses due by 9/20/2019. Defendant's Designation of Expert Witnesses due by 10/4/2019. Rebuttal experts shall be disclosed no later than 10/18/2019. Discovery due by 11/15/2019. Dispositive Motions filed by 1/3/2020. Final Pretrial Conference set for 3/13/2020 at 01:30 PM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Jury Trial set for 5/11/2020 at 09:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Kaminski, H)
March 18, 2019	SERVICE BY MAIL: #55 Order, served on Allen Campbell, Cynthia Campbell. (Kaminski, H)
March 15, 2019	Filing 54 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: STATUS CONFERENCE held on 3/15/2019. Court addressed parties as to scheduling of case for trial. Parties stated a trial in this matter to last between three to four days. After hearing, for reasons stated on the record, matter submitted. Court to issue written scheduling order. Plaintiffs Counsel Allen Campbell, Cynthia Campbell telephonic. Defendants Counsel Heidi Quan present. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P)
March 13, 2019	Filing 53 MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 3/13/2019. IT IS HEREBY ORDERED: Plaintiffs' #46 Motion for Reconsideration and #47 Motion to Amend the Complaint/Petition are defective as filed. Plaintiffs' are directed to re-notice the motions in accordance with Local Rule 230(b) of this court. Plaintiffs' are further directed to contact the Courtroom Deputy for Magistrate Judge Deborah Barnes to obtain available civil law and motion hearing dates. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P)
March 13, 2019	SERVICE BY MAIL: 53 Minute Order Terminate Deadlines and Hearings served on Allen Campbell, Cynthia Campbell. (Buzo, P)
March 12, 2019	Filing 52 ORDER signed by District Judge Kimberly J. Mueller on 3/11/19 REASSIGNING this case to Magistrate Judge Deborah Barnes and VACATING all currently scheduled dates presently set before Judge Mueller. New Case Number: 2:17-cv-02057-DB. (Coll, A)
March 12, 2019	Filing 51 CERTIFICATE of SERVICE of #50 Opposition by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski. (Samuel, Bianca) Modified on 3/12/2019 (Washington, S).
March 12, 2019	SERVICE BY MAIL: #52 Order served on Allen Campbell, Cynthia Campbell. (Coll, A)
March 11, 2019	Filing 50 OPPOSITION by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski to #46 Motion for Reconsideration. (Samuel, Bianca) Modified on 3/12/2019 (Washington, S).
March 6, 2019	Filing 49 STATUS REPORT by Aethon, Inc.. (Quan, Heidi)
March 1, 2019	Filing 48 CERTIFICATE of SERVICE by plaintiffs re #44 - #47 . (Becknal, R)
March 1, 2019	Filing 47 MOTION to AMEND the complaint by Allen Campbell, Cynthia Campbell. (Becknal, R)
March 1, 2019	Filing 46 MOTION for RECONSIDERATION and to vacate the 2/4/19 Order to dismiss the Regents of the University of California and the pendent claims by Allen Campbell, Cynthia Campbell. (Becknal, R)
March 1, 2019	Filing 45 STATUS REPORT by Allen Campbell and Cynthia Campbell. (Becknal, R)
March 1, 2019	Filing 44 NOTICE of CHANGE of ADDRESS to 3016 Whitney Avenue, Sacramento, CA 95821 by Allen Campbell and Cynthia Campbell. (Becknal, R)
February 5, 2019	Filing 43 ORDER signed by Magistrate Judge Deborah Barnes on 2/4/19 ORDERING that a Status (Pretrial Scheduling) Conference is SET for 3/15/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Plaintiffs shall file and serve a status report on or before 3/1/2019, and defendant shall file and serve a status report on or before 3/8/2019. (Kastilahn, A)
February 5, 2019	SERVICE BY MAIL: #43 Order served on Allen Campbell and Cynthia Campbell. (Kastilahn, A)
January 25, 2019	Filing 42 ORDER signed by District Judge Kimberly J. Mueller on 1/24/19 ORDERING that the findings and recommendations #31 are adopted in full. Defendant Regents' #13 motion to dismiss the first amended complaint is granted. The first amended complaint's EMTALA claim is dismissed without prejudice. The court declines to exercise supplemental jurisdiction over the first amended complaint's state law claims asserted against defendants Regents of the University of California, Robert Rominski, Tanya Escay, Kathleen Boden and Louis Small. Defendants Regents of the University of California, Robert Rominski, Tanya Escay, Kathleen Boden and Louis Small are dismissed from this action. This matter is referred back to the magistrate judge for further proceedings. (Kaminski, H)
January 25, 2019	SERVICE BY MAIL: #42 Order, served on Allen Campbell, Cynthia Campbell. (Kaminski, H)
January 15, 2019	Filing 41 ORDER SUBSTITUTING ATTORNEY signed by District Judge John A. Mendez on 1/14/2019 ADDING attorney Heidi C. Quan for Aethon, Inc., attorney James R. Pagliero TERMINATED. (Washington, S)
January 15, 2019	SERVICE BY MAIL: #41 Substitution of Attorney Order served on Allen Campbell, Cynthia Campbell. (Washington, S)
January 11, 2019	Filing 40 PROOF OF SERVICE re #39 Substitution of Attorney - Proposed by Aethon, Inc. (Pagliero, James) Modified on 1/14/2019 (Reader, L).
January 11, 2019	Filing 39 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Aethon, Inc.. (Pagliero, James)
July 9, 2018	Filing 38 SUR-REPLY by Allen Campbell, Cynthia Campbell re #37 Reply. (York, M)
June 29, 2018	Filing 37 AMENDED #36 REPLY by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski re #32 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Samuel, Bianca) Modified on 7/2/2018 (Benson, A.).
June 29, 2018	Filing 36 REPLY by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski re #32 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Samuel, Bianca) Modified on 7/2/2018 (Benson, A.).
June 29, 2018	Filing 35 RESPONSE by Robert Rominski to #32 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Samuel, Bianca)
June 28, 2018	Filing 34 OBJECTIONS to FINDINGS and RECOMMENDATIONS #31 by Plaintiffs Allen Campbell, Cynthia Campbell. (Zignago, K.)
June 26, 2018	Filing 33 ANSWER with Jury Demand by Aethon, Inc..(Pagliero, James)
June 22, 2018	Filing 32 OBJECTIONS to FINDINGS and RECOMMENDATIONS #31 by Defendant Aethon, Inc.. (Pagliero, James)
June 11, 2018	Filing 31 ORDER AND FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 6/8/18 ORDERING that Defendant Aethon's12/4/17 motion to dismiss #10 is GRANTED; Plaintiffs' 1/10/18 motion to amend #26 is GRANTED with respect to the defendant Aethon; Plaintiffs' proposed second amended complaint #26 is deemed the operative complaint in this action; and Defendant Aethon shall file a response to the second amended complaint within twenty-one days of the date of this order; and RECOMMENDING that Defendants Regents' 12/5/17 motion to dismiss the first amended complaint's EMTALA claim #13 be GRANTED; The first amended complaint's EMTALA claim be DISMISSED without prejudice; The court decline to exercise supplemental jurisdiction over the first amended complaint's state law claims asserted against defendants Regents of the University of California, Robert Rominski, Tanya Escay, and Kathleen Boden; and Defendants Regents of the University of California, Robert Rominski, Tanya Escay, and Kathleen Boden be DISMISSED from this action. Referred to Judge Kimberly J. Mueller; Objections due within 14 days after being served with these findings and recommendations. (Becknal, R)
June 11, 2018	SERVICE BY MAIL: #31 Order served on Allen Campbell, Cynthia Campbell. (Becknal, R)
January 29, 2018	Filing 30 NOTICE by Allen Campbell, Cynthia Campbell of #26 Motion to Amend the Amended Complaint (Washington, S)
January 29, 2018	Filing 29 OPPOSITION by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski to #26 Motion to Amend the Amended Complaint. (Attachments: #1 Declaration, #2 Proof of Service)(Samuel, Bianca) Modified on 1/30/2018 (Washington, S).
January 18, 2018	Filing 28 RESPONSE by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski to 27 Motion Hearing (Samuel, Bianca)
January 12, 2018	Filing 27 MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 1/12/2018 re #13 Motion to Dismiss filed by Kathleen Boden, Tanya Escay, Robert Rominski, Regents of the University of California, #10 Motion to Dismiss filed by Aethon, Inc. Court addressed plaintiffs' #26 motion to amend complaint filed 1/10/2018. Court addressed defendants' as to EMTALA and 11th Amendment authority. Ms. Samuel addressed the court as to plaintiffs' motion to amend. Mr. Lutterman further addressed the court. Mr. Pagliero addressed the court as to claims raised by plaintiffs'. Ms. Campbell addressed the court as to EMTALA as stated on the record. After hearing, for reasons stated on the record, defendants' #10 Motion to Dismiss and #13 Motion to Dismiss are Submitted. Court to issue written order. Plaintiffs' pro se, Allen Campbell, Cynthia Campbell present. Defendants' Counsel Bianca Samuel, Neal Lutterman, James Pagliero present. Court Reporter/CD Number: Tiffany Brown/1. (Buzo, P)
January 10, 2018	Filing 26 MOTION to AMEND the #7 Amended Complaint by Allen Campbell, Cynthia Campbell. (Attachments: #1 Proposed Order, #2 Proposed Second Amended Complaint)(Benson, A.) Modified on 1/30/2018 (Washington, S).
January 9, 2018	Filing 25 AMENDED #24 CERTIFICATE of SERVICE by Aethon, Inc. (Pagliero, James) Modified on 1/11/2018 (Benson, A.).
January 8, 2018	Filing 24 CERTIFICATE of SERVICE by Allen Campbell, Cynthia Campbell re #20 Opposition to Motion. (Fabillaran, J)
January 5, 2018	Filing 23 REPLY by Kathleen Boden, Tanya Escay, Regents of the University of California, Robert Rominski re #17 Opposition to Motion. (Samuel, Bianca) Modified on 1/9/2018 (Fabillaran, J).
January 5, 2018	Filing 22 DECLARATION of James R. Pagliero in support of #10 Motion to Dismiss. (Pagliero, James)
January 5, 2018	Filing 21 REPLY by Aethon, Inc. to #18 Opposition to Motion (Pagliero, James) Modified on 1/9/2018 (Fabillaran, J).
January 3, 2018	Filing 20 FIRST AMENDED RESPONSE of the Reply in OPPOSITION by Allen Campbell, Cynthia Campbell to #13 Motion to Dismiss. (Attachments: #1 Proof of Service)(Reader, L)
December 29, 2017	Filing 17 OPPOSITION by Allen Campbell, Cynthia Campbell to #13 Motion to Dismiss. (Benson, A.)
December 28, 2017	Filing 19 DECLARATION of plaintiffs re Meet and Confer with Aethon (Benson, A.)
December 28, 2017	Filing 18 OPPOSITION by Allen Campbell, Cynthia Campbell to #10 Motion to Dismiss. (Benson, A.)
December 8, 2017	Filing 16 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Allen Campbell. (Washington, S)
December 8, 2017	Filing 15 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Cynthia Campbell. (Washington, S)
December 8, 2017	Filing 14 SUMMONS RETURNED EXECUTED: Aethon, Inc. served on 10/12/2017; Kathleen Boden served on 10/11/2017; Tanya Escay served on 10/12/2017; Robert Rominski served on 10/10/2017; The Regents of the University of California served on 10/13/2017. (Washington, S)
December 5, 2017	Filing 13 MOTION to DISMISS by Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California. Motion Hearing set for 1/12/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Attachments: #1 Memorandum , #2 Proof of Service)(Samuel, Bianca) Modified on 12/29/2017 (Benson, A.).
December 4, 2017	Filing 12 DECLARATION of James R. Pagliero in support of #10 Motion to Dismiss. (Attachments: #1 Exhibit A)(Pagliero, James)
December 4, 2017	Filing 11 MEMORANDUM by Aethon, Inc. in support of #10 Motion to Dismiss. (Pagliero, James)
December 4, 2017	Filing 10 MOTION to DISMISS by Aethon, Inc. Motion Hearing set for 1/12/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Pagliero, James)
December 4, 2017	Filing 9 WITHDRAWAL of #5 Motion to DismissMotion for More Definite Statement by Aethon, Inc.. (Pagliero, James)
December 1, 2017	Filing 8 NOTICE of Withdrawal of #4 Motion to Dismiss Complaint by Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California. (Attachments: #1 Proof of Service)(Samuel, Bianca) Modified on 12/5/2017 (Kastilahn, A). Modified on 12/11/2017 (Washington, S).
November 20, 2017	Filing 7 FIRST AMENDED COMPLAINT against All Defendants by Allen Campbell, Cynthia Campbell.(Hunt, G)
November 16, 2017	Filing 6 AMENDED PROOF OF SERVICE for #4 Motion to Dismiss by Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California(Samuel, Bianca) Modified on 11/17/2017 (Fabillaran, J).
November 2, 2017	Filing 5 MOTION to DISMISS and MOTION for MORE DEFINITE STATEMENT by Aethon, Inc. Motion Hearing set for 12/15/2017 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. Attorney Pagliero, James R. added. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of James R. Pagliero, #3 Disclosure Statement)(Pagliero, James) Modified on 11/6/2017 (Zignago, K.).
October 31, 2017	Filing 4 MOTION to DISMISS by Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California. Attorney Samuel, Bianca S. added. Motion Hearing set for 12/15/2017 at 10:00 AM in Courtroom 27 before Magistrate Judge Deborah Barnes. (Attachments: #1 Proof of Service, #2 Notice of Motion)(Samuel, Bianca) Modified on 11/6/2017 (Zignago, K.).
October 4, 2017	Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form) (Mena-Sanchez, L)
October 4, 2017	Filing 2 SUMMONS ISSUED as to Aethon, Inc., Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California with answer to complaint due within 21 days. Allen and Cynthia Campbell 3308 El Camino Avenue #300-231 Sacramento, CA 95821. (Mena-Sanchez, L)
October 4, 2017	Filing 1 COMPLAINT against Aethon, Inc., Kathleen Boden, Tanya Escay, Robert Rominski, The Regents of the University of California by Allen Campbell, Cynthia Campbell. (Attachments: #1 Civil Cover Sheet)(Mena-Sanchez, L)
October 4, 2017	RECEIPT number #CAE200084989 $400.00 fbo Allen and Cynthia Campbell by Cynthia Campbell on 10/4/2017. (Mena-Sanchez, L)
October 4, 2017	SERVICE BY MAIL: #2 Summons, #3 Civil New Case Documents for KJM served on Allen Campbell, Cynthia Campbell. (Mena-Sanchez, L)

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Plaintiff: Allen Campbell
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Plaintiff: Cynthia Campbell
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Defendant: Robert Rominski
Represented By:	Bianca S. Samuel
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Defendant: Tanya Escay
Represented By:	Bianca S. Samuel
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Defendant: Kathleen Boden
Represented By:	Bianca S. Samuel
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Defendant: Aethon, Inc.
Represented By:	Heidi C. Quan
Represented By:	Joseph A. Whitecavage
Represented By:	James R. Pagliero
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Defendant: The Regents of the University of California
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Defendant: Regents of the University of California
Represented By:	Bianca S. Samuel
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Defendant: Louis Small
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