Martin P. et al v. Premera Blue Cross et al
| Alexandra P. and Martin P. |
| Health Quality Innovators, CMN, Inc. Colliers International, Inc. Your Choice PPO Plan and Premera Blue Cross |
| 3:2018cv00934 |
| February 13, 2018 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Francisco |
| Richard Seeborg |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.: Employee Benefits |
| None |
Docket Report
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Filing 123
ORDER of USCA as to #116 Notice of Appeal (USCA Case Number 20-16071), filed by Alexandra P., Martin P.: Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties shall bear their own costs and attorneys fees on appeal. A copy of this order shall serve as and for the mandate of this court. (elyS, COURT STAFF) (Filed on 11/4/2020)
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| Filing 122 Transcript of Proceedings held on 06/21/18, before Judge Seeborg. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@and.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #120 Transcript Order ) Redaction Request due 8/4/2020. Redacted Transcript Deadline set for 8/14/2020. Release of Transcript Restriction set for 10/13/2020. (Related documents(s) #120 ) (Batalo, Pam) (Filed on 7/14/2020) |
| Filing 121 Transcript of Proceedings held on 11/21/2019, before Judge Richard Seeborg. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #120 Transcript Order, #119 Transcript Order ) Release of Transcript Restriction set for 10/13/2020. (Related documents(s) #120 , #119 ) (rreS, COURT STAFF) (Filed on 7/14/2020) |
| Filing 120 TRANSCRIPT ORDER for proceedings held on 06/21/2018 before Judge Richard Seeborg by Alexandra P., Martin P., for Court Reporter Pam Batalo. (Lilienstein, David) (Filed on 6/29/2020) |
| Filing 119 TRANSCRIPT ORDER for proceedings held on 11/21/2019 before Judge Richard Seeborg by Alexandra P., Martin P., for Court Reporter Ruth Ekhaus. (Lilienstein, David) (Filed on 6/29/2020) |
| Filing 118 Transcript Designation Form for proceedings held on 06/21/2018, 11/21/2019 before Judge Richard Seeborg, re #116 Notice of Appeal, Transcript due by 7/29/2020. (Lilienstein, David) (Filed on 6/29/2020) |
| Filing 117 USCA Case Number United States Court of Appeals for the Ninth Circuit 20-16071 (elyS, COURT STAFF) (Filed on 6/1/2020) |
| Filing 116 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Alexandra P., Martin P.. (Appeal fee of $505 receipt number 0971-14514565 paid.) (Attachments: #1 Affidavit Representation Statement)(Lilienstein, David) (Filed on 5/28/2020) |
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Filing 115
ORDER by Judge Richard Seeborg denying #110 Motion to Alter Judgment. (cl, COURT STAFF) (Filed on 4/28/2020)
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| Filing 114 CLERK'S NOTICE THE MOTION [#110] SCHEDULED FOR HEARING ON APRIL 16, 2020 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED. This is a text only entry. There is no document associated with this notice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/10/2020) |
| Filing 113 REPLY (re #110 MOTION to Alter Judgment ) filed byAlexandra P., Martin P.. (Lilienstein, David) (Filed on 3/19/2020) |
| Filing 112 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byAlexandra P., Martin P.. (Lilienstein, David) (Filed on 3/18/2020) |
| Filing 111 OPPOSITION/RESPONSE (re #110 MOTION to Alter Judgment ) filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Payton, Gwendolyn) (Filed on 3/12/2020) |
| Filing 110 MOTION to Alter Judgment filed by Alexandra P., Martin P.. Motion Hearing set for 4/16/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 3/12/2020. Replies due by 3/19/2020. (Lilienstein, David) (Filed on 2/27/2020) |
| Filing 109 JUDGMENT. Signed by Judge Richard Seeborg on 1/24/2020. (cl, COURT STAFF) (Filed on 1/30/2020) |
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Filing 108
ORDER GRANTING JUDGMENT FOR DEFENDANTS. Signed by Judge Richard Seeborg on 1/24/2020. (cl, COURT STAFF) (Filed on 1/30/2020)
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| Filing 107 NOTICE of Voluntary Dismissal of Defendant Health Quality Innovators by Alexandra P., Martin P. (Lilienstein, David) (Filed on 12/4/2019) |
| Filing 106 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 11/21/2019 re #97 MOTION for Summary Judgment.Motion taken under submission; Court to issue an order.Total Time in Court: 1 hour. Court Reporter: Ruth Levine Ekhaus. Plaintiff Attorney: David Lilienstein, Katie Spielman. Defendant Attorney: Gwendolyn Payton. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 11/21/2019) |
| Filing 105 REPLY (re #94 Administrative Motion to File Under Seal ) PLAINTIFFS RESPONSE TO DEFENDANTS TRIAL MEMORANDUM filed byCMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration Gwendolyn C. Payton, #2 Exhibit 75)(Payton, Gwendolyn) (Filed on 11/8/2019) |
| Filing 104 CERTIFICATE OF SERVICE by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross re #103 Administrative Motion to File Under Seal Exhibit 75 (Payton, Gwendolyn) (Filed on 11/8/2019) |
| Filing 103 Administrative Motion to File Under Seal Exhibit 75 filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration Gwendolyn C. Payton, #2 Proposed Order, #3 Exhibit 75)(Payton, Gwendolyn) (Filed on 11/8/2019) |
| Filing 102 REPLY (re #97 MOTION for Summary Judgment ) filed byAlexandra P., Martin P.. (Attachments: #1 Declaration of Katie Spielman)(Lilienstein, David) (Filed on 11/7/2019) |
| Filing 101 OPPOSITION/RESPONSE (re #94 Administrative Motion to File Under Seal ) re #96 Opening Trial Memorandum filed byAlexandra P., Martin P.. (Attachments: #1 Declaration of Katie Spielman)(Lilienstein, David) (Filed on 10/31/2019) |
| Filing 100 OPPOSITION/RESPONSE (re #97 MOTION for Summary Judgment ) filed byCMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration Gwendolyn C. Payton, #2 Exhibit 64, #3 Exhibit 65, #4 Exhibit 66, #5 Exhibit 67, #6 Exhibit 68-74)(Payton, Gwendolyn) (Filed on 10/31/2019) |
| Filing 99 CERTIFICATE OF SERVICE by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross re #98 Administrative Motion to File Under Seal (Payton, Gwendolyn) (Filed on 10/31/2019) |
| Filing 98 Administrative Motion to File Under Seal filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration Gwendolyn C. Payton, #2 Proposed Order, #3 Exhibit 66, #4 Exhibit 68, #5 Exhibit 69, #6 Exhibit 70, #7 Exhibit 71, #8 Exhibit 72, #9 Exhibit 73, #10 Exhibit 74)(Payton, Gwendolyn) (Filed on 10/31/2019) |
| Filing 97 MOTION for Summary Judgment filed by Alexandra P., Martin P.. Motion Hearing set for 11/21/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 10/31/2019. Replies due by 11/7/2019. (Attachments: #1 Declaration of David Lilienstein, #2 Proposed Order)(Lilienstein, David) (Filed on 10/17/2019) |
| Filing 96 TRIAL BRIEF by Premera Blue Cross, CMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Attachments: #1 Declaration Gwendolyn Payton, #2 Exhibit Cover Pages 1-62, #3 Exhibit 63)(Payton, Gwendolyn) (Filed on 10/17/2019) Modified on 10/18/2019 (gbaS, COURT STAFF). |
| Filing 95 Proof of Service by Premera Blue Cross, CMN, Inc. Colliers International, Inc. Your Choice PPO Plan re #94 Administrative Motion to File Under Seal (Payton, Gwendolyn) (Filed on 10/17/2019) Modified on 10/18/2019 (gbaS, COURT STAFF). |
| Filing 94 Administrative Motion to File Under Seal filed by Premera Blue Cross, CMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61, #64 Exhibit 62)(Payton, Gwendolyn) (Filed on 10/17/2019) Modified on 10/18/2019 (gbaS, COURT STAFF). |
| Filing 93 Notice of Withdrawal of Motion of HQI's Motion for Summary Judgment (Janov, Jack) (Filed on 9/24/2019) |
| Filing 92 MOTION for Summary Judgment filed by Health Quality Innovators. Motion Hearing set for 10/10/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 9/18/2019. Replies due by 9/25/2019. (Attachments: #1 Declaration of Jack Janov in Support of Motion for Summary Judgment, #2 Declaration of Sharyn Hunt in Support of Motion for Summary Judgment, #3 Proposed Order regarding Motion for Summary Judgment)(Janov, Jack) (Filed on 9/4/2019) |
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Filing 91
CASE MANAGEMENT SCHEDULING ORDER, ORDER REFERRING CASE to Private ADR. Signed by Judge Richard Seeborg on 6/10/19. (cl, COURT STAFF) (Filed on 6/10/2019)
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| Filing 90 Proposed Pretrial Order re Scheduling Order by Health Quality Innovators. (Tatayon, Sheila) (Filed on 6/6/2019) |
| Filing 89 Minute Entry for proceedings held before Judge Richard Seeborg: Further Case Management Conference held telephonically on 5/30/2019. The parties are to submit a proposed schedule by June 6, 2019, after which a further scheduling order will follow.Total Time in Court: 10 minutes. Not Reported or Recorded. Plaintiff Attorney: David Lilienstein - Telephonic.Defendant Attorney: Holly Gaudreau, Gwendolyn Payton, Sheila Tatayon - Telephonic. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 5/30/2019) |
| Filing 88 JOINT CASE MANAGEMENT STATEMENT (AMENDED) filed by Health Quality Innovators. (Tatayon, Sheila) (Filed on 5/28/2019) |
| Filing 87 NOTICE of Appearance by Sheila M. Tatayon (Tatayon, Sheila) (Filed on 5/23/2019) |
| Filing 86 NOTICE of Appearance by Jack Arthur Janov (Janov, Jack) (Filed on 5/23/2019) |
| Filing 85 JOINT CASE MANAGEMENT STATEMENT filed by Alexandra P., Martin P.. (Lilienstein, David) (Filed on 5/23/2019) |
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Filing 84
ORDER by Judge Richard Seeborg granting #83 Stipulated Protective Order for Standard Litigation. (cl, COURT STAFF) (Filed on 5/13/2019)
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| Filing 83 STIPULATION WITH PROPOSED ORDER filed by Alexandra P., Martin P.. (Lilienstein, David) (Filed on 5/10/2019) |
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Filing 82
ORDER denying #65 MOTION for Summary Judgment, #64 Granting Motion to File Under Seal private medical information, #71 Granting Motion to File Under Seal the Administrative Record, #80 Denied without prejudice. Signed by Judge Richard Seeborg on 5/10/19. (cl, COURT STAFF) (Filed on 5/10/2019)
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| Filing 81 CLERK'S NOTICE The Case Management Conference set for May 30, 2019 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 5/10/2019) |
| Filing 80 Discovery Letter Brief filed by Alexandra P., Martin P.. (Attachments: #1 Exhibit A to Discovery Letter Brief)(Lilienstein, David) (Filed on 5/8/2019) |
| Filing 79 MOTION to Appear by Telephone at Case Management Conference filed by Health Quality Innovators. (McClelland, Michael) (Filed on 5/8/2019) |
| Filing 78 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference previously set for May 2, 2019 is continued to May 30, 2019 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Statement due by May 23, 2019. If the parties wish to appear telephonically, they must file a new request to do so. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 4/26/2019) |
| Filing 77 CLERK'S NOTICE The Case Management Conference set for May 2, 2019 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 4/22/2019) |
| Filing 76 MOTION to Appear by Telephone at May 2, 2019, Case Management Conference filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Gaudreau, Holly) (Filed on 4/18/2019) |
| Filing 75 CLERK'S NOTICE THE MOTION [#65] SCHEDULED FOR HEARING ON FEBRUARY 28, 2019 AT 1:30 P.M. SHALL BE SUBMITTED WITHOUT ORAL ARGUMENT PURSUANT TO CIVIL LOCAL RULE 7-1(b). ACCORDINGLY, THE MOTION HEARING IS VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 2/26/2019) |
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Filing 74
ORDER granting re #73 Notice of Substitution of Counsel filed by Health Quality Innovators. Signed by Judge Richard Seeborg on 2/22/19. (cl, COURT STAFF) (Filed on 2/22/2019)
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| Filing 73 NOTICE of Substitution of Counsel by Michael Dylan McClelland for Health Quality Innovators (McClelland, Michael) (Filed on 2/21/2019) |
| Filing 72 REPLY (re #65 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support Thereof ) filed byCMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration of Gwendolyn C. Payton)(Payton, Gwendolyn) (Filed on 2/14/2019) |
| Filing 71 Administrative Motion to File Under Seal the Administrative Record filed by Alexandra P., Martin P.. (Attachments: #1 Declaration of David M. Lilienstein, #2 Proposed Order, #3 Unredacted Administrative Record Part 1, #4 Unredacted Administrative Record Part 2, #5 Unredacted Administrative Record Part 3, #6 Unredacted Administrative Record Part, #7 Unredacted Administrative Record Part 5, #8 Unredacted Administrative Record Part 6)(Lilienstein, David) (Filed on 2/8/2019) |
| Filing 70 OPPOSITION/RESPONSE (re #65 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support Thereof ) PLAINTIFFS MARTIN P. AND ALEXANDRA P.S OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT; AND PLAINTIFFS RULE 56(D) APPLICATION filed byAlexandra P., Martin P.. (Attachments: #1 Declaration of David M. Lilienstein, #2 Declaration of Katie J. Spielman, #3 Proposed Order)(Lilienstein, David) (Filed on 2/7/2019) |
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Filing 69
ORDER by Judge Richard Seeborg denying #68 Administrative Motion and Resetting Briefing and Hearing Schedule. (cl, COURT STAFF) (Filed on 1/9/2019)
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| Set/Reset Deadlines as to #65 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support Thereof. Motion Hearing set for 2/28/2019 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 1/9/2019) |
| Filing 68 ADMINISTRATIVE MOTION TO VACATE MOTION FOR SUMMARY JUDGMENT AND SET STATUS CONFERENCE; REQUEST FOR EXPEDITED REVIEW filed by Alexandra P., Martin P.. Responses due by 1/14/2019. (Attachments: #1 Declaration DECLARATION OF DAVID M. LILIENSTEIN IN SUPPORT OF PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF (L.R. 7-11), #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR ADMINISTRATIVE RELIEF (L.R. 7-11))(Lilienstein, David) (Filed on 1/8/2019) |
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Filing 67
ORDER by Judge Richard Seeborg granting #66 Stipulation. (cl, COURT STAFF) (Filed on 12/26/2018)
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| Filing 66 STIPULATION WITH PROPOSED ORDER Extending Plaintiffs' Time to Respond to Defendants' Motion for Summary Judgment filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Payton, Gwendolyn) (Filed on 12/26/2018) |
| Set/Reset Deadlines as to #65 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support Thereof. Motion Hearing previously set for 1/31/2019 has been continued to 2/14/2019 at 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. (cl, COURT STAFF) (Filed on 12/26/2018) |
| Filing 65 MOTION for Summary Judgment ; Memorandum of Points and Authorities in Support Thereof filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. Motion Hearing set for 1/31/2019 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 1/3/2019. Replies due by 1/10/2019. (Attachments: #1 Proposed Order, #2 Declaration of Holly Gaudreau, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3-25)(Payton, Gwendolyn) (Filed on 12/20/2018) |
| Filing 64 Administrative Motion to File Under Seal Regarding Motion for Summary Judgment filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Attachments: #1 Declaration of Holly Gaudreau, #2 Proposed Order, #3 Redacted Version of Document to Be Filed Under Seal, #4 Unredacted Version of Document Sought to Be Filed Under Seal, #5 Exhibit 3-25 Sought to Be Filed Under Seal, #6 Certificate/Proof of Service)(Payton, Gwendolyn) (Filed on 12/20/2018) |
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Filing 63
CASE MANAGEMENT SCHEDULING ORDER, Case referred to Private ADR. Case Management Statement due by 4/25/2019. Further Case Management Conference set for 5/2/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. Bench Trial set for 11/18/2019 at 09:00 AM before Judge Richard Seeborg. Jury Selection/Trial set for 11/18/2019 at 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Pretrial Conference set for 11/6/2019 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 11/15/18. (cl, COURT STAFF) (Filed on 11/16/2018)
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| Filing 62 Minute Entry for proceedings held before Judge Richard Seeborg: Further Case Management Conference held telephonically on 11/15/2018.Court to issue a Case Management Scheduling Order.Total Time in Court: 10 minutes. Not Reported or Recorded. Plaintiff Attorney: David Lilienstein - Telephonic.Defendant Attorney: Michael McClelland, Holly Gaudreau - Telephonic. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 11/15/2018) |
| Filing 61 CLERK'S NOTICE The Case Management Conference set for November 15, 2018 will be held at 11:00 AM. The parties are to appear telephonically at that time. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 11/15/2018) |
| Filing 60 JOINT CASE MANAGEMENT STATEMENT filed by Alexandra P., Martin P.. (Lilienstein, David) (Filed on 11/8/2018) |
| Filing 59 Health Quality Innovators Answer to Second Amended Complaint ANSWER to Complaint byHealth Quality Innovators. (McClelland, Michael) (Filed on 10/30/2018) |
| Filing 58 ANSWER to Amended Complaint Premera Answer to Second Amended Complaint byPremera Blue Cross. (Payton, Gwendolyn) (Filed on 10/22/2018) |
| Filing 57 ANSWER to Amended Complaint Colliers Answer to Second Amended Complaint byCMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Payton, Gwendolyn) (Filed on 10/22/2018) |
| Filing 56 SECOND AMENDED COMPLAINT FOR: BREACH OF THE EMPLOYEE RETIREMENT SECURITY INCOME ACT OF 1974 (ERISA); ENFORCEMENT AND CLARIFICATION OF RIGHTS; PREJUDGMENT AND POSTJUDGMENT INTEREST; INTERFERENCE WITH CONTRACT; TORT OF ANOTHER; AND ATTORNEYS FEES AND COSTS against CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Health Quality Innovators, Premera Blue Cross. Filed by Martin P., Alexandra P.. (Lilienstein, David) (Filed on 10/9/2018) Modified on 11/8/2018 (gbaS, COURT STAFF). |
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Filing 55
ORDER by Judge Richard Seeborg granting #36 Motion to Dismiss Plaintiffs' Claims against Defendant Health Quality Innovators. (cl, COURT STAFF) (Filed on 9/19/2018)
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| Set/Reset Hearing Further Case Management Conference set for 11/15/2018 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (cl, COURT STAFF) (Filed on 9/19/2018) |
| Filing 54 CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE TO BE HELD TELEPHONIC. Further Case Management Conference set for 9/27/2018 at 11:00 AM. Case Management Statement due by 9/20/2018. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/31/2018) |
| Filing 53 CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE TO BE HELD TELEPHONIC. The Case Management Conference previously set for 8/30/2018 is continued to 9/6/2018 at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by 8/30/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 8/22/2018) |
| Filing 52 CLERK'S NOTICE. The Case Management Conference previously set for 8/9/2018 is continued to 8/30/2018 at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due 8/23/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 8/7/2018) |
| Filing 51 CASE MANAGEMENT STATEMENT FURTHER CASE MANAGEMENT STATEMENT filed by Martin P.. (Lilienstein, David) (Filed on 8/3/2018) |
| Filing 50 CLERK'S NOTICE. The Case Management Conference set for 8/9/2018 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by 8/2/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 8/2/2018) |
| Filing 49 MOTION to Appear by Telephone at Further Case Management Conference filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Gaudreau, Holly) (Filed on 8/1/2018) |
| Filing 48 Supplemental Brief Objections to Plaintiffs' Supplemental Brief in Opposition to Motion to Dismiss filed byHealth Quality Innovators. (McClelland, Michael) (Filed on 7/11/2018) |
| Filing 47 REPLY (re #36 First MOTION to Dismiss pursuant to FRCP Rule 12(b)(2) &(6) ) SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT filed byAlexandra P., Martin P.. (Lilienstein, David) (Filed on 7/9/2018) |
| Filing 46 Defendant Colliers International USA, LLC's ANSWER to Amended Complaint and Affirmative Defenses byCMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Payton, Gwendolyn) (Filed on 7/3/2018) |
| Filing 45 REPLY (re #36 First MOTION to Dismiss pursuant to FRCP Rule 12(b)(2) &(6) ) Supplemental Further Brief in Support of Motion to Dismiss filed byHealth Quality Innovators. (McClelland, Michael) (Filed on 7/2/2018) |
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Filing 44
ORDER FOR FURTHER BRIEFING. Signed by Judge Richard Seeborg on 6/22/18. (cl, COURT STAFF) (Filed on 6/22/2018)
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| Filing 43 Minute Entry for proceedings held before Judge Richard Seeborg: Motion Hearing held on 6/21/2018 re #36 First MOTION to Dismiss. Matter taken under submission; Court to issue an order.Total Time in Court: 24 minutes. Court Reporter: Pam Hebel.Plaintiff Attorney: Katie Speilman. Defendant Attorney: Michael McClelland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Date Filed: 6/21/2018) |
| Filing 42 REPLY (re #36 First MOTION to Dismiss pursuant to FRCP Rule 12(b)(2) &(6) ) filed byHealth Quality Innovators. (McClelland, Michael) (Filed on 6/6/2018) |
| Filing 41 CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Case Management Statement due by 8/2/2018. Further Case Management Conference previously set for 8/8/2018 has been continued to 8/9/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (clS, COURT STAFF) (Filed on 5/31/2018) |
| Filing 40 OPPOSITION/RESPONSE (re #36 First MOTION to Dismiss pursuant to FRCP Rule 12(b)(2) &(6) ) filed byAlexandra P., Martin P.. (Attachments: #1 Proposed Order)(Spielman, Katie) (Filed on 5/30/2018) |
| Filing 39 Minute Entry for proceedings held before Judge Richard Seeborg: Initial Case Management Conference held telephonically on 5/17/2018.A Further Case Management Conference will be held on 8/8/2018 at 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Case Management Conference statement due by 8/1/2018.Total Time in Court: 10 minutes. Not Reported or Recorded. Plaintiff Attorney: Katie Joy Spielman - Telephonic.. Defendant Attorney: Holly Gaudreau, Jack A. Janov, Gwendolyn C. Payton - Telephonic.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tlS, COURT STAFF) (Date Filed: 5/17/2018) |
| Filing 38 MOTION for Joinder in Defendant Health Quality Innovators' Motion to Dismiss First Amended Complaint filed by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Premera Blue Cross. (Payton, Gwendolyn) (Filed on 5/16/2018) |
| Filing 37 CLERK'S NOTICE RESETTING BRIEFING DEADLINES. Responses due 5/30/18; Replies due 6/6/18. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 5/15/2018) |
| Filing 36 First MOTION to Dismiss pursuant to FRCP Rule 12(b)(2) &(6) filed by Health Quality Innovators. Motion Hearing set for 6/21/2018 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 6/4/2018. Replies due by 6/11/2018. (Attachments: #1 Declaration Declaration of Michael McClelland, #2 Declaration Declaration of Donald Glazer, #3 Proposed Order Proposed Order, #4 Mem. of Points & Authorities)(McClelland, Michael) (Filed on 5/14/2018) |
| Filing 35 CASE MANAGEMENT STATEMENT JOINT STATEMENT filed by Alexandra P.. (Lilienstein, David) (Filed on 5/10/2018) |
| Filing 34 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lilienstein, David) (Filed on 5/9/2018) |
| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McClelland, Michael) (Filed on 5/9/2018) |
| Filing 32 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendant Colliers International USA, LLC (erroneously sued as CMN, Inc. and Colliers International, Inc. Your Choice PPO Plan) (Payton, Gwendolyn) (Filed on 5/9/2018) |
| Filing 31 Rule 7.1 Disclosures by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan identifying Corporate Parent Colliers International Holdings (USA), Inc. for CMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Payton, Gwendolyn) (Filed on 5/9/2018) |
| Filing 30 Certificate of Interested Entities by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan identifying Corporate Parent Colliers International Holdings (USA), Inc., Corporate Parent Colliers International Group Inc. for CMN, Inc. Colliers International, Inc. Your Choice PPO Plan. (Payton, Gwendolyn) (Filed on 5/9/2018) |
| Filing 29 NOTICE of Appearance by Gwendolyn Cecilia Payton for Defendant Colliers International USA, LLC (erroneously sued as CMN, Inc. and Colliers International, Inc. Your Choice PPO Plan) (Payton, Gwendolyn) (Filed on 5/9/2018) |
| Filing 28 NOTICE of Appearance by Holly Gaudreau for Defendant Colliers International USA, LLC (erroneously sued as CMN, Inc. and Colliers International, Inc. Your Choice PPO Plan) (Gaudreau, Holly) (Filed on 5/9/2018) |
| Filing 27 Certificate of Interested Entities by Health Quality Innovators (McClelland, Michael) (Filed on 5/9/2018) |
| Filing 26 Defendant Premera Blue Cross's ANSWER to Amended Complaint and Affirmative Defenses byPremera Blue Cross. (Payton, Gwendolyn) (Filed on 5/8/2018) |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Martin P., Alexandra P.. Service waived by CMN, Inc. Colliers International, Inc. Your Choice PPO Plan waiver sent on 5/4/2018, answer due 7/3/2018. (Lilienstein, David) (Filed on 5/4/2018) |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lilienstein, David) (Filed on 4/26/2018) |
| Filing 23 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Defendant Premera Blue Cross (Gaudreau, Holly) (Filed on 4/26/2018) |
| Filing 22 CLERK'S NOTICE. The Case Management Conference set for 5/17/2018 will be held at 11:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by 5/10/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 4/25/2018) |
| Filing 21 MOTION to Appear by Telephone at Initial Case Management Conference filed by Premera Blue Cross. (Gaudreau, Holly) (Filed on 4/25/2018) |
| Filing 20 AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR: BREACH OF THE EMPLOYEE RETIREMENT SECURITY INCOME ACT OF 1974 (ERISA); ENFORCEMENT AND CLARIFICATION OF RIGHTS; PREJUDGMENT AND POSTJUDGMENT INTEREST; INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; AND ATTORNEYS FEES AND COSTS against CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Health Quality Innovators, Premera Blue Cross. Filed byMartin P., Alexandra P.. (Lilienstein, David) (Filed on 4/24/2018) |
| Filing 19 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Richard Seeborg upon reassignment. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Parties or counsel may appear personally at 10:00 a.m. or file a request to appear by telephone at 11:00 am. If any party files such a request to appear by telephone, the Case Management Conference shall be moved to 11:00 am to be held telephonically. All parties shall appear telephonically and must contact Court Conference at 866/582-6878 at least one week prior to the Conference. Case Management Statement due by 5/10/2018. Initial Case Management Conference set for 5/17/2018 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/9/2018) |
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Filing 18
ORDER REASSIGNING CASE. Case Reassigned to Judge Richard Seeborg. Magistrate Judge Maria-Elena James no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 4/6/18. (as, COURT STAFF) (Filed on 4/6/2018)
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| Filing 17 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2S, COURT STAFF) (Filed on 4/5/2018) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Health Quality Innovators.. (McClelland, Michael) (Filed on 4/5/2018) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Premera Blue Cross.. (Gaudreau, Holly) (Filed on 3/27/2018) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alexandra P., Martin P... (Lilienstein, David) (Filed on 3/27/2018) |
| Filing 13 SUMMONS Returned Executed by Martin P., Alexandra P.. Health Quality Innovators served on 3/15/2018, answer due 4/5/2018. (Lilienstein, David) (Filed on 3/27/2018) |
| Filing 12 SUMMONS Returned Executed by Martin P., Alexandra P.. Premera Blue Cross served on 3/14/2018, answer due 4/4/2018. (Lilienstein, David) (Filed on 3/27/2018) |
| Filing 11 Certificate of Interested Entities by Premera Blue Cross (Gaudreau, Holly) (Filed on 3/22/2018) |
| Filing 10 Corporate Disclosure Statement by Premera Blue Cross (Gaudreau, Holly) (Filed on 3/22/2018) |
| Filing 9 CLERK'S NOTICE: Second Notice directing Plaintiff to file consent or declination to Magistrate Judge Jurisdiction no later than March 30, 2018. (rmm2S, COURT STAFF) (Filed on 3/21/2018) |
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Filing 8
ORDER by Magistrate Judge Maria-Elena James granting #7 Motion for Pro Hac Vice Gwendolyn C. Payton. (rmm2S, COURT STAFF) (Filed on 3/16/2018)
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| Filing 7 MOTION for leave to appear in Pro Hac Vice by Gwendolyn C. Payton on behalf of Defendant Premera Blue Cross ( Filing fee $ 310, receipt number 0971-12194109.) filed by Premera Blue Cross. (Payton, Gwendolyn) (Filed on 3/16/2018) |
| Filing 6 NOTICE of Appearance by Holly Gaudreau for Defendant Premera Blue Cross (Gaudreau, Holly) (Filed on 3/16/2018) |
| Filing 5 Summons Issued as to CMN, Inc. Colliers International, Inc. Your Choice PPO Plan, Health Quality Innovators, Premera Blue Cross. (hdjS, COURT STAFF) (Filed on 2/14/2018) |
| Filing 3 Proposed Summons. (Lilienstein, David) (Filed on 2/14/2018) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/10/2018. Initial Case Management Conference set for 5/17/2018 10:00 AM. (hdjS, COURT STAFF) (Filed on 2/13/2018) |
| Filing 2 Case assigned to Magistrate Judge Maria-Elena James. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/27/2018. (bwS, COURT STAFF) (Filed on 2/13/2018) |
| Filing 1 COMPLAINT FOR: BREACH OF THE EMPLOYEE RETIREMENT SECURITY INCOME ACT OF 1974 (ERISA); BREACH OF FIDUCIARY DUTY; ENFORCEMENT AND CLARIFICATION OF RIGHTS; PREJUDGMENT AND POSTJUDGMENT INTEREST; INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; AND ATTORNEYS FEES AND COSTS against All Defendants ( Filing fee $ 400, receipt number 0971-12109436.). Filed byMartin P., Alexandra P.. (Attachments: #1 Civil Cover Sheet)(Lilienstein, David) (Filed on 2/13/2018) |
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