Javier v. Kaiser Foundation Health Plan Inc
| Lia C Javier |
| Kaiser Foundation Health Plan Inc and Kaiser Foundation Health Plan Inc. |
| 3:2020cv00725 |
| January 31, 2020 |
| US District Court for the Northern District of California |
| James Donato |
| 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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This docket was last retrieved on June 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 74 CERTIFICATE OF SERVICE by Lia C Javier (ecg, COURT STAFF) (Filed on 4/20/2023) |
| Filing 73 JUDGMENT. Signed by Judge James Donato on 3/14/2023. ***Civil Case Terminated. (jdlc1, COURT STAFF) (Filed on 3/14/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
Filing 72
ORDER RE DISMISSAL. Signed by Judge James Donato on 3/14/2023. (jdlc1, COURT STAFF) (Filed on 3/14/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 71 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc. re #68 Order to Show Cause, (Rudolph, Dylan) (Filed on 2/7/2023) |
| Filing 70 CERTIFICATE OF SERVICE by Lia C Javier re #69 Received Document: Explanation. (jlg, COURT STAFF) (Filed on 2/6/2023) |
| Filing 69 Received Document: EXPLANATION Of (No Show) No Appearance by Lia C Javier. (Attachments: #1 Envelope)(jlg, COURT STAFF) (Filed on 2/6/2023) |
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Filing 68
ORDER TO SHOW CAUSE. Signed by Judge James Donato on 2/6/2023. (jdlc1, COURT STAFF) (Filed on 2/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 67 Minute Entry for proceedings held before Judge James Donato: Status Conference on 2/2/2023. (jdlc1, COURT STAFF) (Date Filed: 2/2/2023) |
| Filing 66 JOINT STATUS REPORT by Kaiser Foundation Health Plan Inc. (Rudolph, Dylan) (Filed on 1/26/2023) |
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Filing 65
ORDER. The Court stayed the case for plaintiff's health issue. Dkt. No. 62. A status conference is set for February 2, 2023, at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. The parties are directed to file a joint status report by January 26, 2023. Signed by Judge James Donato on 1/6/2023. (jdlc1, COURT STAFF) (Filed on 1/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 64 NOTICE of Change of Address by Clarissa A. Kang , Dylan R. Rudolph and Catherine L. Reagan (Kang, Clarissa) (Filed on 3/18/2022) |
| Filing 63 MOTION to Appear by Telephone filed by Lia C Javier. (Attachments: #1 Envelope)(ark, COURT STAFF) (Filed on 1/13/2022) |
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Filing 62
ORDER STAYING CASE. Signed by Judge James Donato on 1/10/2022. (lrc, COURT STAFF) (Filed on 1/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Order sent to Outgoing Mail box on 1/11/2022. (lrc, COURT STAFF) (Filed on 1/11/2022)
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Filing 61
ORDER by Judge James Donato denying #60 Stipulation. Pretrial Conference set for 1/27/2022 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrc, COURT STAFF) (Filed on 1/4/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 60 STIPULATION WITH PROPOSED ORDER Stipulation To Continue Pretrial Conference and Trial Dates By Ninety (90) Days To Allow Time For the Court To Rule On Defendant's Motion For Summary Judgment filed by Kaiser Foundation Health Plan Inc.. (Rudolph, Dylan) (Filed on 12/27/2021) |
| Filing 59 REPLY (re #51 MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities In Support Thereof ) filed byKaiser Foundation Health Plan Inc.. (Rudolph, Dylan) (Filed on 11/5/2021) |
| Filing 58 OPPOSITION/RESPONSE (re #51 MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities In Support Thereof ) filed byLia C Javier. (Attachments: #1 Declaration, #2 Exhibit, #3 Certificate/Proof of Service, #4 Envelope)(ark, COURT STAFF) (Filed on 10/25/2021) |
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Filing 57
ORDER RE BRIEFING SCHEDULE AND MOTION TO WITHDRAW. Signed by Judge James Donato on 10/15/2021. (jdlc1S, COURT STAFF) (Filed on 10/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 56 MOTION to Withdraw Docket entry re #52 Opposition/Response to Motion, filed by Lia C Javier. Responses due by 10/18/2021. Replies due by 10/25/2021. (arkS, COURT STAFF) (Filed on 10/4/2021) |
| Filing 55 REPLY (re #51 MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities In Support Thereof ) Reply To Plaintiff's Purported "Memorandum in Opposition to Motion for Summary Judgment filed byKaiser Foundation Health Plan Inc.. (Rudolph, Dylan) (Filed on 10/1/2021) |
| Filing 54 ADMINISTRATIVE MOTION and [proposed order] to Change Deadline for Filing Opposition to Motion for Judgement filed by Lia C Javier. (arkS, COURT STAFF) (Filed on 9/20/2021) |
| Filing 51 MOTION for Judgment on the Pleadings and Memorandum of Points and Authorities In Support Thereof filed by Kaiser Foundation Health Plan Inc.. Motion Hearing set for 10/21/2021 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 9/24/2021. Replies due by 10/1/2021. (Attachments: #1 Declaration of Dylan D. Rudolph In Support of Kaiser Foundation Health Plan, Inc.'s Motion for Judgment, #2 Proposed Order)(Rudolph, Dylan) (Filed on 9/10/2021) |
| Filing 50 AMENDED Initial Disclosures with Letter by Lia C Javier. (arkS, COURT STAFF) (Filed on 8/26/2021) |
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Filing 49
ORDER TERMINATING LIMITED SCOPE REPRESENTATION. Signed by Judge James Donato on 7/15/2021. (jdlc1S, COURT STAFF) (Filed on 7/15/2021)
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| Filing 48 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 6/10/2021. Settlement conference held. Case did not settle. The parties may contact the court if a future facilitated settlement conference would be helpful. (Not Reported). Total Time in Court: 2 hours, 30 minutes. Plaintiff's Attorney: Dominique Thomas. Also appearing: Chelseay Javier. Defendant's Attorneys: Clarissa Kang and Dylan Rudolph. Also appearing: Katherine Ritchey. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/10/2021) |
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Filing 47
Order Setting Settlement Conference before Magistrate Judge Settlement Conference set for 6/10/2021 at 12:00 PM in San Francisco - Videoconference Only. Settlement Conference Statements due 6/3/2021. Signed by Judge Laurel Beeler on 05/06/2021. (ejkS, COURT STAFF) (Filed on 5/6/2021)
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| Filing 46 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Scheduling Call held on 5/6/2021. The court sets the settlement conference for Thursday, June 10, 2021 at 12:00 PM. (Not Reported). Plaintiff's Attorney: Dominique Thomas. Defendants' Attorneys: Dylan Daniel Rudolph and Clarissa A. Kang. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 5/6/2021) |
| Set Deadlines/Hearings: Settlement Conference set for 6/10/2021 at 12:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel, members of the public, and media may access the meeting information at #https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hea rings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809)General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom /. (ejkS, COURT STAFF) (Filed on 5/6/2021) |
| Filing 45 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL TIME: Settlement Conference Scheduling Call set for 5/6/2021 at 11:00 AM is reset to 9:30 AM. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/5/2021) |
| Filing 44 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL: The court advances the time of the call on 5/6/2021 to 11:00 am. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (shyS, COURT STAFF) (Filed on 4/29/2021) |
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Filing 43
SCHEDULING ORDER. Signed by Judge James Donato on 4/27/2021. (jdlc1S, COURT STAFF) (Filed on 4/27/2021)
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| Filing 42 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL: The court has an unexpected conflict and moves the scheduling call to 5/6/2021 at 12:45 PM. The court will email the call-in information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/21/2021) |
| Filing 41 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL TIME: Settlement Conference set for 4/22/2021 at 11:00 AM is reset to 10:45 AM. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/12/2021) |
| Filing 40 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for Thursday, 4/22/2021 at 11:00 AM. The court will email a call-in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/8/2021) |
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Filing 39
ORDER. In light of the recusal order, Dkt. No. #38 , the case is referred to Magistrate Judge Laurel Beeler for settlement. Signed by Judge James Donato on 4/8/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 4/8/2021)
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Filing 38
ORDER OF RECUSAL. Signed by Judge Kandis A. Westmore on 4/8/2021. (kawlc2S, COURT STAFF) (Filed on 4/8/2021)
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| CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (ahm, COURT STAFF) (Filed on 4/8/2021) |
| CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (ahm, COURT STAFF) (Filed on 4/8/2021) |
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Filing 37
ORDER. At the parties' joint request, Dkt. No. #36 , the case is referred to Magistrate Judge Kandis Westmore for settlement. Signed by Judge James Donato on 4/7/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 4/7/2021)
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| Filing 36 STIPULATION WITH PROPOSED ORDER TO REFER CASE TO A SETTLEMENT CONFERENCE filed by Lia C Javier. (Thomas, Dominique) (Filed on 4/1/2021) |
| Filing 35 NOTICE of Appearance by Dominique N. Thomas (Thomas, Dominique) (Filed on 3/29/2021) |
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Filing 34
ORDER APPOINTING COUNSEL. Signed by Judge James Donato on 3/1/2021. (jdlc1S, COURT STAFF) (Filed on 3/1/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 33 Defendant Kaiser Foundation Health Plan, Inc.'s ANSWER to Amended Complaint byKaiser Foundation Health Plan Inc. (Rudolph, Dylan) (Filed on 2/5/2021) |
| Filing 32 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc (Kang, Clarissa) (Filed on 1/4/2021) |
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Filing 31
STIPULATION AND ORDER TO EXTEND DEFENDANT'S DEADLINE TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT. Signed by Judge James Donato on 1/4/2021. (jdlc1S, COURT STAFF) (Filed on 1/4/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 30 STIPULATION WITH PROPOSED ORDER re #29 Amended Complaint filed by Kaiser Foundation Health Plan Inc. (Kang, Clarissa) (Filed on 12/22/2020) |
| Filing 29 AMENDED COMPLAINT against Kaiser Foundation Health Plan Inc. Filed byLia C Javier. (Attachments: #1 Envelope)(arkS, COURT STAFF) (Filed on 12/3/2020) |
| Filing 28 STIPULATION WITH PROPOSED ORDER To Extend Plaintiff's Deadline to File Her Anticipated First Amended Complaint and Set KFHP's Deadline to Respond to Plaintiff's First Amended Complaint filed by Kaiser Foundation Health Plan Inc. (Attachments: #1 Proposed Order)(Kang, Clarissa) (Filed on 10/29/2020) |
| Filing 27 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc re #26 Order,, Terminate Motions, (Kang, Clarissa) (Filed on 9/21/2020) |
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Filing 26
ORDER RE MOTION TO DISMISS. Signed by Judge James Donato on 9/21/2020. (jdlc1S, COURT STAFF) (Filed on 9/21/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 25 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc re #24 Declaration in Support Regarding Administrative Record (Kang, Clarissa) (Filed on 6/29/2020) |
| Filing 24 Declaration of Diane M. Anderson Regarding Administrative Record filed byKaiser Foundation Health Plan Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kang, Clarissa) (Filed on 6/26/2020) |
| Filing 23 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc of Docket #22 On Plaintiff Lia Javier (Rudolph, Dylan) (Filed on 5/8/2020) |
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Filing 22
ORDER VACATING INITIAL CASE MANAGEMENT CONFERENCE. Signed by Judge James Donato on 5/8/2020. (jdlc1S, COURT STAFF) (Filed on 5/8/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Remark - Unable to advise plaintiff that upcoming hearing has been vacated, No telephone number listed for plaintiff. (lrcS, COURT STAFF) (Filed on 5/8/2020) |
| Filing 21 JOINT CASE MANAGEMENT STATEMENT filed by Kaiser Foundation Health Plan Inc. (Rudolph, Dylan) (Filed on 5/4/2020) |
| Filing 20 NOTICE of Appearance by Catherine Louisa Reagan (Reagan, Catherine) (Filed on 4/28/2020) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rudolph, Dylan) (Filed on 4/23/2020) |
| Filing 18 REPLY (re #11 First MOTION to Dismiss Memorandum of Points and Authorities ) to Plaintiff's Opposition filed byKaiser Foundation Health Plan Inc. (Rudolph, Dylan) (Filed on 4/17/2020) |
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Filing 17
ORDER re #14 Stipulation. Signed by Judge James Donato on 3/18/2020. (jdlc1S, COURT STAFF) (Filed on 3/18/2020) (Additional attachment(s) added on 3/19/2020: #1 Certificate/Proof of Service) (lrcS, COURT STAFF).
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| Filing 16 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc re #14 STIPULATION WITH PROPOSED ORDER to Extend Reply Deadline and Set Hearing Date on Moion to Dismissre #11 First MOTION to Dismiss; Memorandum of Points and Authorities (Kang, Clarissa) (Filed on 3/13/2020) |
| Filing 14 STIPULATION WITH PROPOSED ORDER to Extend Reply Deadline and Set Hearing Date on Motion to Dismiss re #11 First MOTION to Dismiss; Memorandum of Points and Authorities filed by Kaiser Foundation Health Plan Inc. (Kang, Clarissa) (Filed on 3/12/2020) Modified on 3/12/2020 (gbaS, COURT STAFF). |
| Filing 15 OPPOSITION to ( #11 First MOTION to Dismiss, Memorandum of Points and Authorities) filed by Lia C Javier. (Attachments: #1 Envelope) (gbaS, COURT STAFF) (Filed on 3/11/2020) |
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Filing 13
ORDER by Judge James Donato granting #12 Motion for Extension of Time to File Response/Reply. Responses due by 4/3/2020. (lrcS, COURT STAFF) (Filed on 2/28/2020)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #11 First MOTION to Dismiss filed by Lia C Javier. (wsnS, COURT STAFF) (Filed on 2/19/2020) |
| Filing 11 First MOTION to Dismiss Memorandum of Points and Authorities filed by Kaiser Foundation Health Plan Inc. Motion Hearing set for 3/19/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 2/21/2020. Replies due by 2/28/2020. (Attachments: #1 Declaration Erika Hernandez Ruiz, #2 Declaration Maryann Khinda-Lombardo, #3 Exhibit #1 - Lombaro's Declaration, #4 Exhibit #2 - Lombardo's Declaration, #5 Reassignment Order Setting CMC, #6 Proposed Order, #7 Certificate/Proof of Service)(Rudolph, Dylan) (Filed on 2/7/2020) |
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Filing 10
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 5/14/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 5/7/2020. Signed by Judge James Donato on 2/6/2020. (lrcS, COURT STAFF) (Filed on 2/6/2020)
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| Filing 9 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc re #8 Order,,, Case Assigned/Reassigned,, Standing Order for Civil Cases Before Judge James Donato (Kang, Clarissa) (Filed on 2/5/2020) |
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Filing 8
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 2/5/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 2/5/2020)
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| Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (mklS, COURT STAFF) (Filed on 2/4/2020) |
| Filing 6 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan Inc re #4 Certificate of Interested Entities, #3 Initial Case Management Scheduling Order with ADR Deadlines, #5 Consent/Declination to Proceed Before a US Magistrate Judge, #1 Notice of Removal, 2 Case Assigned by Intake,,, Standing Order for All Judges of Northern District of California, Standing Order for Judge Sallie Kim, Consenting to Magistrate Judge's Jurisdiction in the Northern District of California (Kang, Clarissa) (Filed on 2/4/2020) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kaiser Foundation Health Plan Inc.. (Kang, Clarissa) (Filed on 2/4/2020) |
| Filing 4 Certificate of Interested Entities by Kaiser Foundation Health Plan Inc (Kang, Clarissa) (Filed on 2/4/2020) |
| Filing 2 Case assigned to Magistrate Judge Sallie Kim. 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 2/18/2020. (haS, COURT STAFF) (Filed on 2/3/2020) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/4/2020. Initial Case Management Conference set for 5/11/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (Attachments: #1 Standing Order)(amgS, COURT STAFF) (Filed on 1/31/2020) |
| Filing 1 NOTICE OF REMOVAL from Superior Court County of Contra Costa. Their case number is C19-02437. (Filing fee $400 receipt number 0971-14128113). Filed byKaiser Foundation Health Plan Inc. (Attachments: #1 Exhibit A, #2 Certificate/Proof of Service, #3 Civil Cover Sheet)(Kang, Clarissa) (Filed on 1/31/2020) |
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