Gonzalez v. UnitedHealth Group, Inc.
| Diane Gonzalez |
| UnitedHealth Group, Inc. and Optum, Inc. |
| 2:2020cv01129 |
| June 4, 2020 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Edmund F Brennan |
| Carolyn K Delaney |
| Morrison C England |
| William B Shubb |
| Other Statutory Actions |
| 47 U.S.C. § 227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
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Filing 49
PRO HAC VICE ORDER signed by Senior Judge Morrison C. England, Jr. on 7/9/2020 GRANTING #43 Application as to Attorney Samuel C. Kaplan, PHV, to represent Optum, Inc. (York, M)
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| Filing 48 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the August 6, 2020 hearing on the Motion to Consolidate and Stay the Action #46 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) |
| Filing 47 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court received the PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Optum, Inc. for attorney Samuel C. Kaplan (ECF No. 43). Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today in Microsoft Word format to: mceorders@caed.uscourts.gov. (Deutsch, S) |
| Filing 46 MOTION to CONSOLIDATE CASES and MOTION to STAY (Motion Hearing set for 8/6/2020 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr.), by Optum, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Maxwell V. Pritt, #3 Proposed Order)(Pritt, Maxwell) |
| Filing 45 CORPORATE DISCLOSURE STATEMENT by Defendant Optum, Inc.. (Pritt, Maxwell) |
| Filing 44 NOTICE of Withdrawal of Counsel, Amber D. Reece and Andrew G. Jubinsky no longer attorney of record. by Optum, Inc. (Pritt, Maxwell) Modified on 7/2/2020 (Reader, L). |
| Filing 43 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Optum, Inc. for attorney Samuel C. Kaplan to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8970622) (Attachments: #1 Certificate of Good Standing)(Pritt, Maxwell) |
| Filing 42 NOTICE of APPEARANCE by Scott Edelsberg on behalf of Diane Gonzalez. Attorney Edelsberg, Scott added. (Edelsberg, Scott) |
| Filing 41 INITIAL PRE-TRIAL SCHEDULING ORDER; (Zignago, K.) |
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Filing 40
RELATED CASE ORDER signed by Senior Judge Morrison C. England, Jr. on 6/23/2020 ORDERING that cases 2:13-cv-02206-MCE-EFB, 2:14-cv-01792-MCE-EFB and 2:20-cv-01129-WBS-CKD are RELATED. the action denominated 2:20-cv-01129-WBS-CKD is REASSIGNED to Senior District Judge Morrison C. England, Jr. and to Chief Magistrate Judge Edmund F. Brennan for all further proceedings, and any dates currently set in this reassigned case only are hereby VACATED. The caption on documents filed in the reassigned case shall be shown as 2:20-cv-01129-MCE-EFB. (Zignago, K.)
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| SERVICE BY MAIL: #40 Related Case Order and #41 Initial Pretrial Scheduling Order for MCE served on Samuel C. Kaplan. (Zignago, K.) |
| Filing 39 NOTICE of RELATED CASE(S) 2:13-cv-02206-MCE, 2:14-CV-01792-MCE by Optum, Inc.. (Attachments: #1 Exhibit A)(Pritt, Maxwell) |
| Filing 38 CLERK'S NOTICE Directing All Non-CA Attorneys to Submit Pro Hac Vice Application. (Jessen, A) |
| Filing 37 CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 10/13/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Jessen, A) |
| Filing 36 CASE TRANSFERRED IN from District of Texas Western; Case Number 6:19-cv-00700. |
| Case transferred to District of Eastern District of California, Sacramento Division. (am) [Transferred from txwd on 6/4/2020.] |
| SERVICE BY MAIL: #38 Clerk's Notice, #37 Civil New Case Documents for WBS served on Samuel C. Kaplan. (Jessen, A) |
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Filing 35
ORDER GRANTING IN PART AND DENYING IN PART #23 Motion to Dismiss. Having found that the first-to-file rule applies and that the proper course of action is to transfer the case, the Court GRANTS IN PART and DENIES IN PART Defendant's Motion to Dismiss, Transfer or Stay (ECF No. 23). The Court GRANTS Defendants Motion to Transfer and TRANSFERS this case to the docket of Chief Judge Morrison C. England, Jr. in the Eastern District of California, Sacramento Division; DENIES Defendants Motion to Dismiss; and, DENIES AS MOOT Defendant's Motion to Stay. Signed by Judge Alan D Albright. (am) [Transferred from txwd on 6/4/2020.]
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Filing 34
ORDER GRANTING #33 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (am) [Transferred from txwd on 6/4/2020.]
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| Filing 33 MOTION to Appear Pro Hac Vice by Andrew G. Jubinsky for Samuel C. Kaplan ( Filing fee $ 100 receipt number 0542-13580890) by on behalf of Optum, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Jubinsky, Andrew) [Transferred from txwd on 6/4/2020.] |
| Filing 32 Pro Hac Vice Letter to Diane Gonzalez. (am) [Transferred from txwd on 6/4/2020.] |
| Filing 31 NOTICE of Supplemental Authority by Diane Gonzalez re #28 Response in Opposition to Motion, (Attachments: #1 Exhibit A - Johnson v. Moss Bros. Auto Group, Inc.)(Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
| Filing 30 Pro Hac Vice Letter to Optum, Inc.. (am) [Transferred from txwd on 6/4/2020.] |
| Filing 29 REPLY to Response to Motion, filed by Optum, Inc., re #12 MOTION to Dismiss STAY, OR TRANSFER UNDER FRCP 12(B)(2), 12(B)(3), THE PRIMARY JURISDICTION DOCTRINE, AND THE FIRST-TO-FILE RULE filed by Defendant UnitedHealth Group, Inc. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 28 Response in Opposition to Motion, filed by Diane Gonzalez, re #23 MOTION to Dismiss , Transfer or Stay filed by Defendant Optum, Inc. (Attachments: #1 Exhibit A - Matlock Complaint, #2 Exhibit B - Humphrey Complaint)(Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
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Filing 27
ORDER GRANTING #24 Motion to Appear Pro Hac Vice for Matthew Chou, Maxwell V. Pritt, and Shira Liu. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING #25 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order.; GRANTING #26 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (mc5) [Transferred from txwd on 6/4/2020.]
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| Filing 26 MOTION to Appear Pro Hac Vice by Amber D. Reece for Shira Liu ( Filing fee $ 100 receipt number 0542-13498598) by on behalf of Optum, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 25 MOTION to Appear Pro Hac Vice by Amber D. Reece for Maxwell V. Pritt ( Filing fee $ 100 receipt number 0542-13498578) by on behalf of Optum, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 24 MOTION to Appear Pro Hac Vice by Amber D. Reece for Matthew Chou ( Filing fee $ 100 receipt number 0542-13498510) by on behalf of Optum, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 23 MOTION to Dismiss , Transfer or Stay by Optum, Inc.. (Attachments: #1 Affidavit of Ryan Wong, #2 Affidavit of Maxwell V. Pritt)(Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 22 SUMMONS Returned Executed by Diane Gonzalez. Optum, Inc. served on 4/3/2020, answer due 4/24/2020. (Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
| Filing 21 SUMMONS Returned Executed by Diane Gonzalez. (Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
| Filing 20 STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) [Transferred from txwd on 6/4/2020.] |
| Filing 19 SUMMONS Returned Executed by Diane Gonzalez. Optum, Inc. served on 3/5/2020, answer due 3/26/2020. (Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
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Filing 18
AGREED ORDER OF DISMISSAL WITHOUT PREJUDICE re #17 Unopposed MOTION to Amend/Correct CAPTION filed by UnitedHealth Group, Inc., UnitedHealth Group, Inc. (a foreign corporation,) terminated. Attorney Maxwell V. Pritt; Amber D. Reece; Quyen L. Ta; Andrew G. Jubinsky and Shira Liu terminated. Signed by Judge Alan D Albright. (mc5) [Transferred from txwd on 6/4/2020.]
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| Filing 17 Unopposed MOTION to Amend/Correct CAPTION by UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 16 Summons Issued as to Optum, Inc.. (mc5) [Transferred from txwd on 6/4/2020.] |
| Filing 15 REQUEST FOR ISSUANCE OF SUMMONS by Diane Gonzalez. (Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
| Filing 14 AMENDED COMPLAINT against Optum, Inc. amending, filed by Diane Gonzalez. (Attachments: #1 Exhibit - Proposed Summons)(Hiraldo, Manuel) [Transferred from txwd on 6/4/2020.] |
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Filing 13
ORDER GRANTING #9 #10 and #11 Motions to Appear Pro Hac Vice by Maxwell V. Pritt, Shira Liu, and Quyen L. Ta for Plaintiff. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (lad) [Transferred from txwd on 6/4/2020.]
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| Filing 12 MOTION to Dismiss STAY, OR TRANSFER UNDER FRCP 12(B)(2), 12(B)(3), THE PRIMARY JURISDICTION DOCTRINE, AND THE FIRST-TO-FILE RULE by UnitedHealth Group, Inc.. (Attachments: #1 Affidavit - Ryan Wong Declaration iso MTD)(Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 11 MOTION to Appear Pro Hac Vice by Amber D. Reece on behalf of Quyen L. Ta ( Filing fee $ 100 receipt number 0542-13183212) by on behalf of UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 10 MOTION to Appear Pro Hac Vice by Amber D. Reece on behalf of Shira Liu ( Filing fee $ 100 receipt number 0542-13182926) by on behalf of UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Filing 9 MOTION to Appear Pro Hac Vice by Amber D. Reece on behalf of Maxwell V. Pritt ( Filing fee $ 100 receipt number 0542-13182804) by on behalf of UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
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Text Order GRANTING #8 Motion for Extension of Time to Answer entered by Judge Jeffrey C. Manske. Defendant UnitedHealth Group's deadline to answer or otherwise respond to the Complaint is Friday, February 7, 2020.(This is a text-only entry generated by the court. There is no document associated with this entry.) (kg) [Transferred from txwd on 6/4/2020.]
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| Reset Deadlines: UnitedHealth Group, Inc. answer due 2/7/2020. (am) [Transferred from txwd on 6/4/2020.] |
| Filing 8 Unopposed MOTION for Extension of Time to File Answer or Respond to Class Action Complaint (SECOND MOTION) by UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Reece, Amber) [Transferred from txwd on 6/4/2020.] |
| Reset Deadlines: UnitedHealth Group, Inc. answer due 1/24/2020. (lad) [Transferred from txwd on 6/4/2020.] |
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Text Order GRANTING #7 Motion for Extension of Time to Answer entered by Judge Jeffrey C. Manske. Defendant's deadline to answer or otherwise respond to Plaintiff's Complaint is now January 24, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kg) [Transferred from txwd on 6/4/2020.]
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| Filing 7 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by UnitedHealth Group, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Jeffrey C. Manske. (Jubinsky, Andrew) [Transferred from txwd on 6/4/2020.] |
| Filing 6 SUMMONS Returned Executed by Diane Gonzalez. UnitedHealth Group, Inc. served on 12/13/2019, answer due 1/3/2020. (Gentile, Angelica) [Transferred from txwd on 6/4/2020.] |
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Filing 5
ORDER GRANTING #4 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Jeffrey C. Manske. (am) [Transferred from txwd on 6/4/2020.]
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| Filing 4 MOTION to Appear Pro Hac Vice by Angelica Gentile for Manuel S. Hiraldo, Esq. ( Filing fee $ 100 receipt number 0542-12949790) by on behalf of Diane Gonzalez.. Motions referred to Judge Jeffrey C. Manske. (Gentile, Angelica) [Transferred from txwd on 6/4/2020.] |
| Filing 3 Summons Issued as to UnitedHealth Group, Inc.. (am) [Transferred from txwd on 6/4/2020.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Diane Gonzalez. (Gentile, Angelica) [Transferred from txwd on 6/4/2020.] |
| Filing 1 COMPLAINT ( Filing fee $ 400 receipt number 0542-12944193), filed by Diane Gonzalez. (Attachments: #1 Civil Cover Sheet)(Gentile, Angelica) [Transferred from txwd on 6/4/2020.] |
| CASE REFERRED to Magistrate Judge Jeffrey C. Manske. (am) [Transferred from txwd on 6/4/2020.] |
| Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (am) [Transferred from txwd on 6/4/2020.] |
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