American Marine Corporation v. Blue Shield of California
Plaintiff: American Marine Corporation
Defendant: Blue Shield of California
Case Number: 3:2011cv00636
Filed: February 11, 2011
Court: US District Court for the Northern District of California
Office: San Francisco Office
County: XX US, Outside State
Presiding Judge: William Alsup
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 27, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2011 Opinion or Order Filing 58 ORDER REGARDING DISMISSAL. Signed by Judge Alsup on May 27, 2011. (whalc2, COURT STAFF) (Filed on 5/27/2011)
May 26, 2011 Filing 57 STIPULATION FOR VOLUNTARY DISMISSAL WITH PREJUDICE [Fed.R.Civ.P. 41(a)(1)(A)(ii)] by American Marine Corporation. (Stires, Sterling) (Filed on 5/26/2011)
May 17, 2011 Opinion or Order Filing 56 ORDER CONTINUING CASE MANAGEMENT CONFERENCE [re #55 Joint Case Management Statement filed by Blue Shield of California]. Initial Case Management Conference set for 6/2/2011 03:00 PM in Courtroom 9, 19th Floor, San Francisco]. Signed by Judge William Alsup on 5/17/2011. (whasec, COURT STAFF) (Filed on 5/17/2011)
May 17, 2011 Filing 55 JOINT CASE MANAGEMENT STATEMENT and Notice of Settlement filed by Blue Shield of California. (Pines, Adam) (Filed on 5/17/2011)
May 9, 2011 Opinion or Order Filing 54 ORDER DENYING DEFENDANT'S REQUEST TO APPEAR BY TELEPHONE by Judge William Alsup [denying #53 Motion to Appear by Telephone]. (whasec, COURT STAFF) (Filed on 5/9/2011)
May 9, 2011 Filing 53 MOTION to Appear by Telephone at May 26, 2011 Case Management Conference (after 2:30 p.m.) filed by Blue Shield of California. (Attachments: #1 Proposed Order)(Pines, Adam) (Filed on 5/9/2011)
May 9, 2011 Filing 52 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Pines, Adam) (Filed on 5/9/2011)
May 9, 2011 Filing 51 STIPULATION and Proposed Order selecting Mediation by Blue Shield of California (Pines, Adam) (Filed on 5/9/2011)
May 4, 2011 Filing 50 MOTION for leave to appear in Pro Hac Vice - Jeffrey J. Waller ( Filing fee $ 275, receipt number 34611059533) filed by American Marine Corporation. (Attachments: #1 Proposed Order, #2 Proof of Service)(wsn, COURT STAFF) (Filed on 5/4/2011)
April 13, 2011 Opinion or Order Filing 49 ORDER DENYING PLAINTIFF'S MOTION FOR MISCELLANEOUS RELIEF, GRANTING DEFENDANT'S MOTION TO DISMISS, DENYING DEFENDANT'S MOTION TO STRIKE AS MOOT, AND VACATING HEARINGS, Motions terminated: #39 MOTION to Dismiss Plaintiff's Second Amended Complaint pursuant to F.R.C.P. (12)(b)(6); Memorandum of Points and Authorities filed by Blue Shield of California, #37 MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal filed by American Marine Corporation, #40 MOTION to Strike #36 Amended Complaint filed by Blue Shield of California. Signed by Judge Alsup on April 13, 2011. (whalc2, COURT STAFF) (Filed on 4/13/2011) Modified on 4/14/2011 (wsn, COURT STAFF).
April 7, 2011 Filing 48 RESPONSE (re #39 MOTION to Dismiss Plaintiff's Second Amended Complaint pursuant to F.R.C.P. (12)(b)(6); Memorandum of Points and Authorities) Plaintiff's Opposition to Motion to Dismiss Second Amended Complaint Pursuant to F.R.C.P. 12(b)(6) filed by American Marine Corporation. (Attachments: #1 Signature Page (Declarations/Stipulations) Declaration of Elizabeth Maranatha "Natha" Thompson)(Stires, Sterling) (Filed on 4/7/2011) Modified on 4/8/2011 (wsn, COURT STAFF).
April 7, 2011 Filing 47 RESPONSE (re #40 MOTION to Strike #36 Amended Complaint) Opposition to Defendant's Motion To Strike Plaintiff's Second Amended Complaint filed by American Marine Corporation. (Attachments: #1 Signature Page (Declarations/Stipulations) Declaration of Jeffrey Waller)(Stires, Sterling) (Filed on 4/7/2011) Modified on 4/8/2011 (wsn, COURT STAFF).
April 7, 2011 Filing 46 REPLY (re #37 MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal) Reply to Defendant's Opposition to Motion for Miscellaneous Relief re: No Grounds for Removal Under ERISA and No ERISA Preemption filed by American Marine Corporation. (Stires, Sterling) (Filed on 4/7/2011) Modified on 4/8/2011 (wsn, COURT STAFF).
April 6, 2011 Filing 45 NOTICE by American Marine Corporation re #37 MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal; Request for Order Consolidating Hearing Date for Plaintiff's Motion for Renewal of Motion for Miscellaneous Relief re: No Grounds for Removal Under ERISA and No ERISA Preemption (Attachments: #1 Signature Page (Declarations/Stipulations) Declaration of Sterling J. Stires in Support of Request for Order Consolidating Hearing Dates, #2 Proposed Order Consolidating Hearing Dates)(Stires, Sterling) (Filed on 4/6/2011) Modified on 4/7/2011 (wsn, COURT STAFF).
March 31, 2011 Filing 44 RESPONSE (re #37 MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal ) filed byBlue Shield of California. (Attachments: #1 Declaration of Adam Pines, #2 Exhibit A)(Pines, Adam) (Filed on 3/31/2011)
March 25, 2011 Set/Reset Deadlines as to #40 MOTION to Strike #36 Amended Complaint MOTION to Strike #36 Amended Complaint., ***Deadlines terminated. Motion Hearing set for 4/28/2011 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (dt, COURT STAFF) (Filed on 3/25/2011)
March 24, 2011 Filing 43 CLERKS NOTICE Rescheduling Motion Hearing Time. (dt, COURT STAFF) (Filed on 3/24/2011)
March 23, 2011 Filing 42 Proposed Order re #40 MOTION to Strike #36 Amended Complaint MOTION to Strike #36 Amended Complaint by Blue Shield of California. (Pines, Adam) (Filed on 3/23/2011)
March 23, 2011 Filing 41 Proposed Order re #39 MOTION to Dismiss Plaintiff's Second Amended Complaint pursuant to F.R.C.P. (12)(b)(6); Memorandum of Points and Authorities by Blue Shield of California. (Pines, Adam) (Filed on 3/23/2011) Modified on 3/24/2011 (wsn, COURT STAFF).
March 23, 2011 Filing 40 MOTION to Strike #36 Amended Complaint filed by Blue Shield of California. Motion Hearing set for 4/28/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (Attachments: #1 Declaration of Adam Pines)(Pines, Adam) (Filed on 3/23/2011) Modified on 3/24/2011 (wsn, COURT STAFF).
March 23, 2011 Filing 39 MOTION to Dismiss Plaintiff's #36 Second Amended Complaint pursuant to F.R.C.P. (12)(b)(6); Memorandum of Points and Authorities filed by Blue Shield of California. Motion Hearing set for 4/28/2011 08:00 AM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (Pines, Adam) (Filed on 3/23/2011) Modified on 3/24/2011 (wsn, COURT STAFF).
March 15, 2011 Opinion or Order Filing 38 ORDER REGARDING PLAINTIFF'S MOTION FOR RENEWAL. Signed by Judge Alsup on March 15, 2011. (whalc2, COURT STAFF) (Filed on 3/15/2011)
March 15, 2011 Filing 37 MOTION No Grounds for Removal Under ERISA and No ERISA Preemption re #7 Motion For Renewal filed by American Marine Corporation. Motion Hearing set for 4/21/2011 02:00 PM in Courtroom 9, 19th Floor, San Francisco before Hon. William Alsup. (Attachments: #1 Supplement Plaintiffs Memorandum Supporting Motion For Renewal of Plaintiff's Motion For Miscellaneous Relief Re: No Grounds For Removal Under ERISA and No ERISA Preemption, #2 Proposed Order Proposed Order Granting Plaintiff's Motion To Renew Motion For Miscellaneous Relief Re: No Grounds For Removal Under ERISA and No ERISA Preemption)(Stires, Sterling) (Filed on 3/15/2011) Modified on 3/16/2011 (wsn, COURT STAFF).
March 9, 2011 Filing 36 AMENDED COMPLAINT (SECOND) against Blue Shield of California. Filed byAmerican Marine Corporation. (Stires, Sterling) (Filed on 3/9/2011)
March 4, 2011 Opinion or Order Filing 35 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re #34 Clerks Notice. Signed by Judge William Alsup on 11/20/08. (dt, COURT STAFF) (Filed on 3/4/2011)
March 4, 2011 Filing 34 CLERKS NOTICE Scheduling Initial CMC on Reassignment. Case Management Statement due by 5/19/2011. Case Management Conference set for 5/26/2011 03:00 PM in Courtroom 9, 19th Floor, San Francisco. (dt, COURT STAFF) (Filed on 3/4/2011)
March 3, 2011 Opinion or Order Filing 33 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William Alsup for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 3, 2011. (cjl, COURT STAFF) (Filed on 3/3/2011) Modified on 3/4/2011 (wsn, COURT STAFF).
March 1, 2011 Filing 32 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 3/1/2011)
March 1, 2011 Filing 31 Declination to Proceed Before a U.S. Magistrate Judge by American Marine Corporation and Request for Reassignment to a United States District Judge. (Stires, Sterling) (Filed on 3/1/2011)
February 28, 2011 Filing 30 NOTICE by Blue Shield of California of District Court Orders (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pines, Adam) (Filed on 2/28/2011)
February 28, 2011 Filing 29 Proposed Order Granting Substitution of Attorney by Blue Shield of California. (Pines, Adam) (Filed on 2/28/2011)
February 16, 2011 Filing 28 NOTICE of Appearance by Sterling James Stires on behalf of Plaintiff American Marine Corporation dba American Hyperbaric Center (Stires, Sterling) (Filed on 2/16/2011)
February 16, 2011 Filing 27 CLERKS NOTICE Acknowledging Receipt of Case Transfer from the District of Alaska, Case No. 3:10-cv-265-RRB. (cjl, COURT STAFF) (Filed on 2/16/2011)
February 11, 2011 Filing 26 ADR SCHEDULING ORDER: Case Management Statement due by 5/18/2011. Case Management Conference set for 5/25/2011 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (Attachments: #1 Standing Order)(cjl, COURT STAFF) (Filed on 2/11/2011)
February 11, 2011 Filing 25 Case transferred in from District of Alaska; Case Number 3:10-cv-00265. Case file Electronically transfered, copy of transfer order and docket sheet received. Modified on 2/16/2011 (cjl, COURT STAFF).
February 11, 2011 CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 2/11/2011)
February 9, 2011 Case electronically transferred to the Northern District of California. (NKD, COURT STAFF)
February 7, 2011 Opinion or Order Filing 24 ORDER Transferring Venue Based upon Stipulation at Docket #23 . (Jan, Chambers Staff)
February 4, 2011 Filing 23 STIPULATION to Transfer of Venue and to Withdraw Defendant's Motion to Dismiss by American Marine Corporation. (Attachments: #1 Proposed Order)(Waller, Jeffrey)
February 1, 2011 Filing 22 RRB TEXT ORDER: Based upon the parties' stipulation at docket #21 to extend the time for plaintiff to file its opposition to defendant's motion to dismiss the first amended complaint, the deadline for filing plaintiff's opposition is extended to February 14, 2011. (LSC, COURT STAFF) Modified on 2/1/2011 to create relationship to document #9 (LSC, COURT STAFF).
January 27, 2011 Filing 21 STIPULATION to Extension of Time to File Opposition to Defendant's Motion to Dismiss by American Marine Corporation. (Attachments: #1 Proposed Order)(Waller, Jeffrey) Modified on 2/1/2011 to create relationship to document #9 (LSC, COURT STAFF).
January 24, 2011 Filing 20 RRB TEXT ORDER that plaintiff's unopposed motion for extension of time at Docket #19 is granted. The deadline for filing the opposition to defendant's motion to dismiss is extended to January 28, 2011. (LSC, COURT STAFF)
January 19, 2011 Filing 19 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss First Amended Complaint [Unopposed] by American Marine Corporation. (Attachments: #1 Proposed Order)(Waller, Jeffrey)
January 18, 2011 Filing 18 CLERK'S NOTICE re #12 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission for Richard G. De La Mora to Appear and Participate in the USDC of Alaska. The Application to Appear Pro Hac Vice by Richard G. DeLaMora, at docket #12 , is authorized under D.Ak. LR 83.1(d). (LSC, COURT STAFF)
January 18, 2011 Filing 17 CLERK'S NOTICE re #11 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission to Appear and Participate in the USDC Alaska (Unopposed). The Application to Appear Pro Hac Vice by Jamie Ostroff, at docket #11 , is authorized under D.Ak. LR 83.1(d). (LSC, COURT STAFF)
January 18, 2011 Filing 16 Receipt #ANC003183 of $150.00 non-resident attorney payment for Richard G. De La Mora as to Defendant Blue Shield of California, re #12 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission for Richard G. de la Mora to Appear and Participate in the USDC of Alaska. (NXL, COURT STAFF)
January 18, 2011 Filing 15 Receipt # ANC003182 of $150.00 non-resident attorney payment for Jamie Ostroff as to Defendant Blue Shield of California, re #11 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission to Appear and Participate in the USDC Alaska (Unopposed) (NXL, COURT STAFF)
January 14, 2011 Filing 14 RRB TEXT ORDER: The Unopposed Motion for Extension of Time at Docket #8 is GRANTED. For case management purposes, the Motion for Miscellaneous Relief at Docket #7 will be terminated pending the resolution of the Motion to Dismiss at Docket #9 . If this matter is not dismissed, Plaintiff need only file a Notice of Renewal of Motion, which will start the time running for filing an opposition. (Jan, Chambers Staff)
January 12, 2011 Filing 12 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission for Richard G. de la Mora to Appear and Participate in the USDC of Alaska by Blue Shield of California.(Ostroff, Jamie)
January 12, 2011 Filing 11 MOTION for Leave to Appear of Non-Eligible Attorney and for Permission to Appear and Participate in the USDC Alaska (Unopposed) by Blue Shield of California.(Ostroff, Jamie)
January 7, 2011 Filing 10 NOTICE RE DOCKET 9. If not already done so, a chamber copy of Docket 9 needs to be provided to the court as it is over 25 pages in length. The chamber copy must be printed with the electronic filing header on each page and be attached to a copy of the notice of electronic filing. See D.Ak.LR 10.1(b) and the Administrative Policies and Procedures. Thank you. (Jan, Chambers Staff)
January 6, 2011 Filing 9 MOTION to Dismiss First Amended Complaint by Blue Shield of California. (Attachments: #1 Affidavit of Jamie Ostroff in Support, #2 Affidavit Betty Hawks in Support, #3 Appendix of Authorities)(Sholty, Anthony)
January 6, 2011 Filing 8 MOTION for Extension of Time to File Opposition to Motion for Miscellaneous Relief Unopposed by Blue Shield of California.(Sholty, Anthony)
December 23, 2010 Filing 7 MOTION re #1 Notice of Removal, Misc Relief Re: No Grounds for Removal Under ERISA and No ERISA Preemption by American Marine Corporation. (Attachments: #1 Proposed Order Miscellaneous Relief)(Waller, Jeffrey)
December 2, 2010 Filing 6 RRB TEXT ORDER: The Unopposed Motion for Extension of Time at Docket #5 is GRANTED. Defendant's Answer to the First Amended Complaint is due on or before January 7, 2011. (Jan, Chambers Staff)
December 2, 2010 Filing 5 MOTION for Extension of Time to File Answer Unopposed by Blue Shield of California.(Sholty, Anthony)
November 30, 2010 Filing 4 NOTICE OF FILING STATE COURT SERVICE LIST by Blue Shield of California (Sholty, Anthony)
November 29, 2010 Filing 3 MINUTE ORDER to Petitioner subsequent to removal. Petitioner to file with the court within 20 days state court docs and within 10 days service list, if not already done. (TYM, COURT STAFF)
November 29, 2010 Filing 2 Civil Cover Sheet. (TYM, COURT STAFF)
November 29, 2010 Filing 1 NOTICE OF REMOVAL by Blue Shield of California from State of Alaska 3rd Judicial District Anchorage, case number 3AN-10-10119 CI. ( Filing fee $ 350, Receipt No. ANC002934). (TYM, COURT STAFF) (Additional attachment(s) added on 11/29/2010: #1 Notice of Submission, #2 State Court Complaint, #3 Notice of Submission to State Court, #4 Notice of Removal from State) (TYM, COURT STAFF).

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Defendant: Blue Shield of California
Represented By: Jamie Ostroff
Represented By: Anthony M. Sholty
Represented By: Adam Pines
Represented By: Justin Carter Johnson
Represented By: Richard G. DeLaMora
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Plaintiff: American Marine Corporation
Represented By: Jeffrey J. Waller
Represented By: Sterling James Stires
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