Cromwell v. Kaiser Foundation Health Plan
Plaintiff: Ashley Cromwell
Defendant: Kaiser Foundation Health Plan
Case Number: 3:2018cv06187
Filed: October 10, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Edward M Chen
Referring Judge: Kandis A Westmore
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: None
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Docket Report

This docket was last retrieved on September 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2019 Filing 61 JUDGMENT. Signed by Judge Edward M. Chen on 9/23/2019. (emcsec, COURT STAFF) (Filed on 9/23/2019)
September 23, 2019 Opinion or Order Filing 60 ORDER by Judge Edward M. Chen Granting #49 Defendant's Motion for Summary Judgment, and Denying #42 Plaintiff's Motion for Judgment. (emcsec, COURT STAFF) (Filed on 9/23/2019)
September 12, 2019 Filing 59 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 9/12/2019; taking under submission #42 Motion for Judgment as a Matter of Law; #49 Motion for Summary Judgment.Total Time in Court: 36 Minutes. Court Reporter: Belle Ball. Plaintiff Attorneys: Julia Campins, Joseph Creitz. Defendant Attorney: Robert Guite. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/12/2019)
August 29, 2019 Filing 58 REPLY in Support (re #49 MOTION for Summary Judgment) filed by Kaiser Foundation Health Plan. (Guite, Robert) (Filed on 8/29/2019) Modified on 8/30/2019 (slhS, COURT STAFF).
August 22, 2019 Filing 57 OPPOSITION/RESPONSE (re #49 MOTION for Summary Judgment ) filed byAshley Cromwell. (Campins, Julia) (Filed on 8/22/2019)
August 21, 2019 Filing 56 REPLY (re #42 MOTION for Judgment as a Matter of Law ) filed byAshley Cromwell. (Campins, Julia) (Filed on 8/21/2019)
August 21, 2019 Set/Reset Hearing Mediation Hearing set for 10/3/2019 10:00 AM., at JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111-5609. This date is pending Court approval of an anticipated stipulation to extend the mediation deadline. (af, COURT STAFF) (Filed on 8/21/2019)
August 20, 2019 Opinion or Order Filing 55 ORDER RE: ATTENDANCE AT MEDIATION. Signed by Chief Magistrate Judge Joseph C. Spero on 8/20/19. (klhS, COURT STAFF) (Filed on 8/20/2019)
August 14, 2019 Filing 54 OPPOSITION to #44 Request for Judicial Notice filed by Kaiser Foundation Health Plan. (Guite, Robert) (Filed on 8/14/2019) Modified on 8/15/2019 (slhS, COURT STAFF).
August 14, 2019 Filing 53 OPPOSITION/RESPONSE (re #42 MOTION for Judgment as a Matter of Law ) filed by Kaiser Foundation Health Plan. (Attachments: #1 Declaration of Robert J. Guite, #2 Exhibit A)(Guite, Robert) (Filed on 8/14/2019)
August 13, 2019 Opinion or Order Filing 52 Order by Judge Edward M. Chen granting #50 Administrative Motion to Adjust Hearing Date. (afmS, COURT STAFF) (Filed on 8/13/2019)
August 13, 2019 Filing 51 Statement of Non-Opposition re #50 ADMINISTRATIVE MOTION to Adjust Hearing Date filed by Ashley Cromwell. (Creitz, Joseph) (Filed on 8/13/2019) Modified on 8/14/2019 (slhS, COURT STAFF).
August 13, 2019 Set/Reset Deadlines as to #42 MOTION for Judgment as a Matter of Law . Motion Hearing set for 9/12/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 8/13/2019)
August 9, 2019 Filing 50 ADMINISTRATIVE MOTION to Adjust Hearing Date filed by Kaiser Foundation Health Plan. Responses due by 8/13/2019. (Attachments: #1 Declaration of Robert J Guite, #2 Exhibit A, #3 Proposed Order)(Guite, Robert) (Filed on 8/9/2019)
August 8, 2019 Filing 49 MOTION for Summary Judgment filed by Kaiser Foundation Health Plan. Motion Hearing set for 9/12/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 8/22/2019. Replies due by 8/29/2019. (Attachments: #1 Proposed Order)(Guite, Robert) (Filed on 8/8/2019)
August 8, 2019 Filing 48 Administrative Motion to File Under Seal filed by Kaiser Foundation Health Plan. (Attachments: #1 Declaration of Robert J Guite, #2 Proposed Order, #3 Exhibit Redacted, #4 Exhibit Unredacted)(Guite, Robert) (Filed on 8/8/2019)
August 6, 2019 Filing 47 RESPONSE in Support (re #46 Administrative Motion to File Under Seal ) filed by Kaiser Foundation Health Plan. (Attachments: #1 Declaration of Robert J. Guite)(Guite, Robert) (Filed on 8/6/2019) Modified on 8/7/2019 (slhS, COURT STAFF).
July 31, 2019 Filing 46 Administrative Motion to File Under Seal filed by Ashley Cromwell. (Attachments: #1 Proposed Order, #2 Redacted Motion for Judgment, #3 Unredacted Motion for Judgment, #4 Proposed Order Redacted Proposed Findings of Fact and Conclusions of Law, #5 Unredacted Proposed Findings of Fact and Conclusions of Law, #6 Exhibit A, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(Campins, Julia) (Filed on 7/31/2019)
July 31, 2019 Filing 45 CERTIFICATE OF SERVICE by Ashley Cromwell Proof of Service of Documents Relating to Administrative Motion to File Under Seal (Campins, Julia) (Filed on 7/31/2019)
July 31, 2019 Filing 44 Request for Judicial Notice re #42 MOTION for Judgment as a Matter of Law filed byAshley Cromwell. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #42 ) (Campins, Julia) (Filed on 7/31/2019)
July 31, 2019 Filing 43 Declaration of Julia Campins in Support of #42 MOTION for Judgment as a Matter of Law filed byAshley Cromwell. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Related document(s) #42 ) (Campins, Julia) (Filed on 7/31/2019)
July 31, 2019 Filing 42 MOTION for Judgment as a Matter of Law filed by Ashley Cromwell. Motion Hearing set for 9/5/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 8/14/2019. Replies due by 8/21/2019. (Attachments: #1 Proposed Order Proposed Findings of Fact and Conclusions of Law)(Campins, Julia) (Filed on 7/31/2019)
July 18, 2019 Filing 41 ANSWER to Complaint byKaiser Foundation Health Plan. (Guite, Robert) (Filed on 7/18/2019)
July 9, 2019 Filing 40 ADR Clerk's Notice Appointing Hon. Ellen S. James (Ret.) as Mediator. (af, COURT STAFF) (Filed on 7/9/2019)
April 16, 2019 Opinion or Order Filing 39 ORDER by Judge Edward M. Chen Denying #37 Plaintiff's Motion for Leave to File Motion for Reconsideration. (emcsec, COURT STAFF) (Filed on 4/16/2019)
April 15, 2019 Filing 38 OPPOSITION/RESPONSE (re #37 MOTION for Leave to File Motion for Reconsideration ) filed byKaiser Foundation Health Plan. (Guite, Robert) (Filed on 4/15/2019)
April 12, 2019 Filing 37 MOTION for Leave to File Motion for Reconsideration filed by Ashley Cromwell. (Attachments: #1 Proposed Order)(Campins, Julia) (Filed on 4/12/2019)
April 4, 2019 Opinion or Order Filing 36 ORDER by Judge Edward M. Chen Granting #15 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 4/4/2019)
March 28, 2019 Opinion or Order Filing 35 Order by Judge Edward M. Chen granting #34 Stipulation Adopting Model Protective Order for Civil Litigation.(afmS, COURT STAFF) (Filed on 3/28/2019)
March 28, 2019 Filing 34 STIPULATION WITH PROPOSED ORDER ADOPTING MODEL PROTECTIVE ORDER FOR CIVIL LITIGATION filed by Kaiser Foundation Health Plan. (Guite, Robert) (Filed on 3/28/2019)
March 5, 2019 Filing 33 Letter Brief re #15 MOTION to Dismiss filed byKaiser Foundation Health Plan. (Attachments: #1 Exhibit Transcript of Hearing, #2 Exhibit Supplemental Authority, #3 Exhibit Supplemental Authority, #4 Exhibit Supplemental Authority, #5 Exhibit Supplemental Authority, #6 Exhibit Supplemental Authority, #7 Exhibit Supplemental Authority)(Related document(s) #15 ) (Guite, Robert) (Filed on 3/5/2019)
March 5, 2019 Filing 32 Letter Brief re #15 MOTION to Dismiss filed byAshley Cromwell. (Related document(s) #15 ) (Campins, Julia) (Filed on 3/5/2019)
March 3, 2019 Filing 31 Transcript of Proceedings held on 2-28-2019, before Judge Edward M. Chen. Court Reporter/Transcriber Debra L. Pas, CRR, telephone number (415) 431-1477/Email: DebraPas@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/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 #30 Transcript Order ) Release of Transcript Restriction set for 6/3/2019. (Related documents(s) #30 ) (Pas, Debra) (Filed on 3/3/2019)
March 1, 2019 Filing 30 TRANSCRIPT ORDER for proceedings held on 2/28/2019 before Judge Edward M. Chen by Kaiser Foundation Health Plan, for Court Reporter Debra Pas. (Guite, Robert) (Filed on 3/1/2019)
February 28, 2019 Filing 29 Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 2/28/2019 re #15 MOTION to Dismiss filed by Kaiser Foundation Health Plan, Initial Case Management Conference held on 2/28/2019, Case REFERRED to mediation. Deadline: 8/31/2019. Total Time in Court: 35 Minutes. Court Reporter: Debra Pas. Plaintiff Attorneys: Julia Campins, Joseph Creitz. Defendant Attorneys: Robert Guite, Moe Keshavari. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 2/28/2019)
February 21, 2019 Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by Ashley Cromwell. (Campins, Julia) (Filed on 2/21/2019)
January 29, 2019 Opinion or Order Filing 27 Order by Judge Edward M. Chen granting #26 Motion to Continue #15 Motion to Dismiss and initial case management conference. Joint Case Management Statement due by 2/21/2019. Initial Case Management Conference and #15 Motion to Dismiss RESCHEDULED for 2/28/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor.(afmS, COURT STAFF) (Filed on 1/29/2019)
January 29, 2019 Filing 26 Joint MOTION to Continue Hearing on Defendant's Motion to Dismiss and Case Management Conference filed by Ashley Cromwell. (Campins, Julia) (Filed on 1/29/2019)
January 29, 2019 Filing 25 CLERK'S NOTICE: Due to the unavailability of the Court, hearing re #15 MOTION to Dismiss and Initial Case Management Conference set for 02/7/2019 are RESCHEDULED to be heard 2/8/2019 at 10:00 AM in San Francisco, Courtroom 05, 17th Floor. Briefing remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 1/29/2019)
January 29, 2019 Set/Reset Deadlines as to #15 MOTION to Dismiss . Motion Hearing set for 2/28/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 1/29/2019)
January 25, 2019 Filing 24 NOTICE by Kaiser Foundation Health Plan of Filing of Group Agreements in Response to Order of January 24, 2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(Guite, Robert) (Filed on 1/25/2019)
January 24, 2019 Opinion or Order Filing 23 SECOND ORDER re #15 Defendant's Motion to Dismiss. Signed by Judge Edward M. Chen on 01/24/2019. (emclc2, COURT STAFF) (Filed on 1/24/2019)
January 23, 2019 Filing 22 NOTICE by Kaiser Foundation Health Plan of Filing of Evidence of Coverage in Response to Order of January 18, 2019 (Dkt. 21) (Attachments: #1 Exhibit A, #2 Exhibit B)(Guite, Robert) (Filed on 1/23/2019)
January 18, 2019 Opinion or Order Filing 21 ORDER re #15 Defendant's Motion to Dismiss. Signed by Judge Edward M. Chen on 01/18/2019. (emclc2, COURT STAFF) (Filed on 1/18/2019)
January 18, 2019 Filing 20 REPLY in Support (re #15 MOTION to Dismiss) filed by Kaiser Foundation Health Plan. (Guite, Robert) (Filed on 1/18/2019)
January 11, 2019 Filing 19 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss ) filed byAshley Cromwell. (Campins, Julia) (Filed on 1/11/2019)
January 4, 2019 Filing 18 CLERK'S NOTICE: Due to unavailability of the Court, Initial Case Management Conference on 1/31/2019 is vacated and rescheduled for 2/7/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 1/31/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 1/4/2019)
December 29, 2018 Opinion or Order Filing 17 Order by Judge Edward M. Chen granting #16 Stipulation to Enlarge Time to File Opposition and Reply Briefs Regarding Defendant Kaiser Foundation Health Plan Inc.'s #15 Motion to Dismiss and Order. Opposition due 1/11/2019; Reply due 1/18/2019.(afmS, COURT STAFF) (Filed on 12/29/2018)
December 29, 2018 Set/Reset Deadlines as to #15 MOTION to Dismiss . Responses due by 1/11/2019. Replies due by 1/18/2019. (afmS, COURT STAFF) (Filed on 12/29/2018)
December 27, 2018 Filing 16 STIPULATION WITH PROPOSED ORDER re #15 MOTION to Dismiss to Enlarge Time filed by Ashley Cromwell. (Campins, Julia) (Filed on 12/27/2018)
December 21, 2018 Filing 15 MOTION to Dismiss filed by Kaiser Foundation Health Plan. Motion Hearing set for 2/7/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 1/4/2019. Replies due by 1/11/2019. (Attachments: #1 Proposed Order Granting Kaiser Foundation Health Plan's Motion to Dismiss)(Guite, Robert) (Filed on 12/21/2018)
November 16, 2018 Opinion or Order Filing 14 ORDER granting #13 Stipulation filed by Kaiser Foundation Health Plan. Signed by Judge Edward M. Chen on 11/16/2018. (afmS, COURT STAFF) (Filed on 11/16/2018)
November 14, 2018 Filing 13 STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT PURSUANT TO CIVIL LOCAL RULE 6-1(A) filed by Kaiser Foundation Health Plan. (Guite, Robert) (Filed on 11/14/2018)
November 14, 2018 Filing 12 NOTICE of Appearance by Robert James Guite (Guite, Robert) (Filed on 11/14/2018)
November 5, 2018 Filing 11 SUMMONS Returned Executed by Ashley Cromwell. Kaiser Foundation Health Plan served on 11/1/2018, answer due 11/23/2018. (Creitz, Joseph) (Filed on 11/5/2018) Modified on 11/6/2018 (slhS, COURT STAFF).
October 30, 2018 Filing 10 Summons Issued as to Kaiser Foundation Health Plan. (rcsS, COURT STAFF) (Filed on 10/30/2018)
October 29, 2018 Filing 9 Proposed Summons. (Campins, Julia) (Filed on 10/29/2018)
October 15, 2018 Opinion or Order Filing 8 CASE MANAGEMENT ORDER ON REASSIGNMENT: Initial Case Management Conference set for 1/31/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Case Management Statement due by 1/24/2019. Signed by Judge Edward M. Chen on 10/15/2018. (afmS, COURT STAFF) (Filed on 10/15/2018)
October 12, 2018 Filing 7 Certificate of Interested Entities by Ashley Cromwell (Campins, Julia) (Filed on 10/12/2018)
October 12, 2018 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Kandis A. Westmore 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 10/12/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 10/12/2018)
October 11, 2018 Filing 5 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. (sisS, COURT STAFF) (Filed on 10/11/2018)
October 10, 2018 Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ashley Cromwell.. (Creitz, Joseph) (Filed on 10/10/2018)
October 10, 2018 Filing 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 10/24/2018. (haS, COURT STAFF) (Filed on 10/10/2018)
October 10, 2018 Filing 2 Proposed Summons. (Campins, Julia) (Filed on 10/10/2018)
October 10, 2018 Filing 1 COMPLAINT against Kaiser Foundation Health Plan ( Filing fee $ 400, receipt number 0971-12750047.). Filed byAshley Cromwell. (Attachments: #1 Civil Cover Sheet)(Campins, Julia) (Filed on 10/10/2018)

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Defendant: Kaiser Foundation Health Plan
Represented By: Robert James Guite
Represented By: Moe Keshavarzi
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Plaintiff: Ashley Cromwell
Represented By: Joseph Andrew Creitz
Represented By: Julia Campins
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