American Academy Of Emergency Medicine Physician Group, Inc. v. Envision Healthcare Corporation et al
| American Academy Of Emergency Medicine Physician Group, Inc. |
| Envision Healthcare Corporation and Envision Physician Services LLC |
| American College Of Emergency Physicians and California Medical Association |
| 3:2022cv00421 |
| January 21, 2022 |
| U.S. District Court for the Northern District of California |
| Charles R Breyer |
| Donna M Ryu |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on May 8, 2023. A more recent docket listing may be available from PACER.
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Filing 82
ORDER RELATING CASE. The following cases are related: C22-00421 CRB and 23-mc-80128 CRB. Signed by Judge Charles R. Breyer on 5/8/2023. (ls, COURT STAFF) (Filed on 5/8/2023)
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Filing 81
STIPULATION AND ORDER TO CONTINUE DISCOVERY CUTOFF AND RELATED DEADLINES by Judge Charles R. Breyer: Granting #80 Stipulation. Close of Fact Discovery due by 1/19/2024. Designation of Experts due by 2/16/2024. Designation of Rebuttal Experts due by 3/15/2023. Discovery due by 4/19/2024. Dispositive Motion due by 1/19/2024. Bench Trial set for 7/12/2024 at 9:15 AM before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 5/1/2023)
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| Filing 80 STIPULATION WITH PROPOSED ORDER TO CONTINUE DISCOVERY CUTOFF AND RELATED DEADLINES filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Healthcare Corporation, Envision Physician Services LLC. (Attachments: #1 Declaration Decl of Gerald S. Richelson)(Millstein, David) (Filed on 4/28/2023) Modified on 5/1/2023 (cjl, COURT STAFF). |
| Filing 79 Minute Entry for proceedings held before Chief Magistrate Judge Donna M. Ryu: Motion Hearing held on 4/27/2023 by Zoom Videoconference re #77 Second Joint Discovery Letter Brief. See minute Order for all particulars. Digital Recording Time: Zoom Webinar Time 1:21-1:41. Attachment: Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 4/27/2023). |
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Filing 78
ORDER: The court has reviewed the parties' Joint Discovery Letter #76 , which raises four issues. As to the fourth issue, the parties indicate that they have agreed to a 90-day extension of the fact discovery deadline and all subsequent deadlines. This request must be raised with Judge Breyer as this court lacks the authority to alter discovery and other case-related deadlines. As to the remaining three issues, Chief Magistrate Judge Donna M. Ryu will hold a hearing on April 27, 2023 at 1:00 PM in Oakland, - Videoconference Only. Parties can find the Zoom link to Judge Ryu's virtual Zoom courtroom at: https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 3/29/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc2, COURT STAFF) (Filed on 3/29/2023)
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| Filing 77 Second Discovery Letter Brief filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Healthcare Corporation. (Attachments: #1 Exhibit Exhibit to Second Joint Disc Ltr)(Millstein, David) (Filed on 3/13/2023) Modified on 3/14/2023 (cjl, COURT STAFF). |
| Filing 76 ***SEE DOCKET ENTRY #77 FOR RE-FILED DOCUMENT*** Second Discovery Letter Brief filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Healthcare Corporation. (Millstein, David) (Filed on 3/13/2023) Modified on 3/14/2023 (cjl, COURT STAFF). Modified on 4/28/2023 (cjl, COURT STAFF). |
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Filing 75
ORDER: The court has reviewed the parties' Joint Discovery Letter ("JDL") #74 . The JDL is clear on its face that the parties have not sufficiently met and conferred in compliance with this court's Standing Order. For example, although the parties met on February 6, 2023, Defendants assert that they previously agreed to provide amended responses to Plaintiffs' Requests for Production of Documents on or before February 24, 2023. Accordingly, the JDL is denied without prejudice. The parties shall promptly engage in a robust meet and confer session regarding the issues raised in the JDL, including search terms and any quality control efforts necessary to ensure that the search terms are appropriate. Should any disputes remain, the parties may file a new discovery letter by March 13, 2023. The new filing must comply with this court's Standing Order and may not incorporate by reference any prior submissions or include footnotes. Signed by Magistrate Judge Donna M. Ryu on 2/27/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc2, COURT STAFF) (Filed on 2/27/2023)
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| Filing 74 Joint Discovery Letter Brief filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Healthcare Corporation, Envision Physician Services LLC. (Attachments: #1 Exhibit Exhibit to Joint Disc Ltr)(Millstein, David) (Filed on 2/17/2023) Modified on 2/21/2023 (cjl, COURT STAFF). |
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Filing 73
NOTICE OF REFERENCE AND ORDER RE: DISCOVERY PROCEDURES. Signed by Magistrate Judge Donna M. Ryu on 10/26/2022. (dmrlc2, COURT STAFF) (Filed on 10/26/2022)
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| Filing 72 CASE REFERRED to Magistrate Judge Donna M. Ryu for Discovery. (ejk, COURT STAFF) (Filed on 10/25/2022) |
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Filing 71
ORDER REFERRING CASE to Magistrate Judge for Discovery purposes. Signed by Judge Charles R. Breyer on 10/25/2022. (ls, COURT STAFF) (Filed on 10/25/2022)
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Filing 70
CASE MANAGEMENT SCHEDULING ORDER: Close of Fact Discovery on 7/21/2023. Close of Expert Discovery on 10/13/2023. Motions due by 10/13/2023. Motion Hearing set for 11/17/2023 at 10:00 AM before Judge Charles R. Breyer. Bench Trial set for 1/12/2024 at 10:00 AM before Judge Charles R. Breyer. Signed by Judge Charles R. Breyer on 10/24/2022. (crblc2, COURT STAFF) (Filed on 10/24/2022)
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| Filing 69 Minute Entry for proceedings held before Judge Charles R. Breyer: Initial Case Management Conference held by Zoom on 10/21/2022. The Court will issue an Order. (Total Time in Court: 15 Minutes) Court Reporter: Ruth Ekhaus. Plaintiff Attorney: David Millstein and Gerald Richelsen. Defendant Attorney: Thomas A. Ryan and Jason D. Strabo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Date Filed: 10/21/2022) |
| Filing 68 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE HEARING TIME. (This is a text-only entry generated by the court. There is no document associated with this entry.). Case Management Conference set for 10/21/2022 at 10:00 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than October 19, 2022 at 3:00 PM PST.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/. Initial Case Management Conference set for 10/21/2022 10:00 AM in San Francisco, - Videoconference Only. (ls, COURT STAFF) (Filed on 10/17/2022) Modified on 10/17/2022 (ls, COURT STAFF). |
| Filing 67 JOINT CASE MANAGEMENT STATEMENT filed by Envision Healthcare Corporation, Envision Physician Services LLC,and American Academy Of Emergency Medicine Physician Group, Inc.. (Strabo, Jason) (Filed on 10/14/2022) Modified on 10/17/2022 (jml, COURT STAFF). |
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Filing 66
STIPULATED PROTECTIVE ORDER by Judge Charles R. Breyer: Granting #65 Stipulation. (ls, COURT STAFF) (Filed on 10/7/2022)
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| Filing 65 STIPULATED PROTECTIVE ORDER filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Healthcare Corporation and Envision Physician Services, LLC. (Cardona, Kevin) (Filed on 10/6/2022) Modified on 10/7/2022 (kkp, COURT STAFF). |
| Filing 64 Certificate of Interested Entities by American Academy Of Emergency Medicine Physician Group, Inc. identifying Corporate Parent Lakewood Regional Medical Center, Inc., d/b/a Lakewood Regional Medical Center, Corporate Parent Fountain Valley Regional Hospital and Medical Center, d/b/a Fountain Valley Regional Hospital, Corporate Parent Los Alamitos Medical Center, Inc., d/b/a Los Alamitos Medical Center, Corporate Parent Placentia-Linda Hospital, Inc., d/b/a Placentia-Linda Hospital, Corporate Parent Premier Emergency Physicians of California Medical Group, P.C., Corporate Parent California EM-I Medical Services, Corporate Parent EMCare, Inc., Corporate Parent Placentia Linda Emergency Physicians Group for American Academy Of Emergency Medicine Physician Group, Inc.. (Cardona, Kevin) (Filed on 10/5/2022) |
| Filing 63 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 8/11/2022. The court had further settlement communications with the parties, who agree that they need at least preliminary discovery before they can engage in meaningful settlement negotiations. (Order - ECF No. 28 (directing parties to work out discovery plan and settlement process and asking for an update by 8/9/2022. The parties updated the court by email. The plan going forward is for the parties to have their initial CMC with the trial judge on 10/22/2022 and discuss the timing of the settlement conference and the discovery plan then. After that CMC, the parties must contact the court with their preferred time frame for a settlement conference given the overall case schedule. (Not Reported). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 8/11/2022) |
| Filing 62 Answer to Amended Complaint byEnvision Healthcare Corporation, Envision Physician Services LLC. (Le, Irene) (Filed on 7/1/2022) |
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Filing 61
ORDER by Judge Charles R. Breyer: Granting #5 Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 6/27/2022)
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Filing 60
STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT by Judge Charles R. Breyer: Granting #59 Stipulation. (ls, COURT STAFF) (Filed on 6/21/2022)
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| Filing 59 SECOND STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT filed by Envision Healthcare Corporation, Envision Physician Services LLC and American Academy of Emergency Medicine Physician Group, Inc.. (Attachments: #1 Declaration OF JASON D. STRABO IN SUPPORT OF SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT)(Strabo, Jason) (Filed on 6/21/2022) Modified on 6/22/2022 (kkp, COURT STAFF). |
| Filing 58 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Scheduling Call held on 6/16/2022. The court had a settlement call with the parties, who agreed to the following process in this case that involves only non-monetary relief. The parties will confer by early August at the latest about a discovery plan in aid of a settlement conference. (This date was set because of trial conflicts that prevent an earlier conference.) At that conference, they will identify discovery and a date that the plaintiff will make a demand. Then, by August 9, 2022, they will update the court by email to [email protected] with their plan and their proposal for the timing of a settlement conference. (Not Reported). Plaintiff's Attorney: Gerald Richelson. Defendants' Attorneys: Thomas Ryan and Jason Strabo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 6/16/2022) |
| Filing 57 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL TIME: Settlement Conference set for 6/16/2022 at 3:00 PM is reset to 11:00 AM in San Francisco - Telephonic Only. 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.) (ejk, COURT STAFF) (Filed on 6/14/2022) |
| Filing 56 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 6/16/2022 at 3:00 PM. The court will email a call-in number separately. If this date does not work, the parties may ask to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 6/8/2022) |
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Filing 55
ORDER OF RECUSAL. Signed by Magistrate Judge Sallie Kim on 6/8/2022. (mkl, COURT STAFF) (Filed on 6/8/2022)
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| Filing 54 CLERK'S NOTICE Vacating Scheduling Conference: Notice is hereby given that the Scheduling Conference set for 6/8/2022 at 9:30 AM before Magistrate Sallie Kim is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 6/8/2022) |
| CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement (mkl, COURT STAFF) (Filed on 6/8/2022) |
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Filing 53
STIPULATION AND ORDER by Judge Charles R. Breyer: Granting #51 Stipulation. (ls, COURT STAFF) (Filed on 6/7/2022)
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| Filing 52 STIPULATION WITH PROPOSED ORDER re #50 Order, Continue Settlement Conference filed by American Academy Of Emergency Medicine Physician Group, Inc., Envision Physician Services LLC and Envision Healthcare Corporation. (Attachments: #1 Declaration Declaration of David J. Millstein, #2 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 6/3/2022) Modified on 6/6/2022 (kkp, COURT STAFF). |
| Filing 51 STIPULATION WITH PROPOSED ORDER to Extend Time to Respond to the First Amended Complaint filed by Envision Healthcare Corporation, Envision Physician Services LLC and American Academy of Emergency Medicine Physician Group, Inc.. (Attachments: #1 Declaration OF JASON D. STRABO IN SUPPORT OF JOINT STIPULATION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT)(Strabo, Jason) (Filed on 6/3/2022) Modified on 6/3/2022 (kkp, COURT STAFF). |
| Filing 50 NOTICE OF VIDEO SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. (The attached notice contains Zoom meeting information counsel will need to participate.) Scheduling Conference set for 6/8/2022 09:30 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 6/1/2022. (mkl, COURT STAFF) (Filed on 6/1/2022) |
| Filing 49 CLERK'S NOTICE: A Joint Case Management Statement due by 10/14/2022. Initial Case Management Conference set for 10/21/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 6/1/2022) |
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Filing 48
ORDER REFERRING CASE to Magistrate Judge for Settlement. Signed by Judge Charles R. Breyer on 6/1/2022. (ls, COURT STAFF) (Filed on 6/1/2022)
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| CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (mkl, COURT STAFF) (Filed on 6/1/2022) |
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Filing 47
ORDER by Judge Charles R. Breyer denying #23 Motion to Dismiss. (crblc1, COURT STAFF) (Filed on 5/27/2022)
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| Filing 46 Transcript of Proceedings held on 5/20/22, before Judge Charles R. Breyer. Court Reporter Belle Ball, CSR, telephone number (415)373-2529, [email protected]. 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 #44 Transcript Order, #45 Transcript Order ) Redaction Request due 6/17/2022. Redacted Transcript Deadline set for 6/27/2022. Release of Transcript Restriction set for 8/25/2022. (Related documents(s) #44 , #45 ) (Ball, Belle) (Filed on 5/27/2022) |
| Filing 45 TRANSCRIPT ORDER for proceedings held on 05/20/2022 before Judge Charles R. Breyer by Envision Healthcare Corporation, Envision Physician Services LLC, for Court Reporter Belle Ball. (Strabo, Jason) (Filed on 5/23/2022) |
| Filing 44 TRANSCRIPT ORDER for proceedings held on 05/20/22 before Judge Charles R. Breyer by American Academy Of Emergency Medicine Physician Group, Inc., for Court Reporter Belle Ball. (Millstein, David) (Filed on 5/23/2022) |
| Filing 43 Minute Entry for proceedings held before Judge Charles R. Breyer: Motion Hearing held by Zoom on 5/20/2022 - Re #11 Motion to Dismiss filed by Envision Physician Services LLC, Envision Healthcare Corporation; Re #23 Motion to Dismiss First Amended Complaint filed by Envision Physician Services LLC, Envision Healthcare Corporation. Motions taken under submission. The Court will issue an order. (Total Time in Court: 40 Minutes) Court Reporter: Belle Ball. Plaintiff Attorney: David J. Millstein. Defendant Attorney: Thomas A. Ryan and Jason D. Strabo. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Date Filed: 5/20/2022) |
| Filing 42 CLERK'S NOTICE VACATING MOTION TO DISMISS HEARING set for April 28, 2022 before the Honorable Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing set for 5/20/2022 at 9:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than May 18, 2022 at 3:00 PM PST.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/. Motion Hearing set for 5/20/2022 09:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/15/2022) |
| Set/Reset Deadlines as to #11 MOTION to Dismiss , #23 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 5/20/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/15/2022) |
| Filing 41 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Millstein, David) (Filed on 4/4/2022) |
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Filing 40
ORDER GRANTING PLAINTIFFS ADMINISTRATIVE MOTION FOR RELIEF TO EXCEED PAGE LIMIT FOR MOTION PAPERS RE: ECF #28 [Civil L.R. 7-11] by Judge Charles R. Breyer: Granting #39 Administrative Motion. (ls, COURT STAFF) (Filed on 3/29/2022)
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| Filing 39 ADMINISTRATIVE Motion for Relief to Exceed Page Limit for Motion Papers and Condensed Redacted Response filed by American Academy Of Emergency Medicine Physician Group, Inc.. Responses due by 4/1/2022. (Attachments: #1 Declaration Declaration of Kevin Cardona, #2 Proposed Order Proposed Order granting administrative motion, #3 Condensed Response to Defendant's Motion to Dismiss, #4 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 3/28/2022) Modified on 3/29/2022 (cjl, COURT STAFF). |
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Filing 38
ORDER GRANTING MOTION BY CALIFORNIA MEDICAL ASSOCIATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF by Judge Charles R. Breyer: Granting #36 Motion to File Amicus Curiae Brief. (ls, COURT STAFF) (Filed on 3/28/2022)
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Filing 37
ORDER GRANTING ADMINISTRATIVE MOTION TO FILE AMICUS BRIEF BY AMERICAN COLLEGE OF EMERGENCY PHYSICIANS IN SUPPORT OF PLAINTIFF by Judge Charles R. Breyer: Granting #33 Administrative Motion. (ls, COURT STAFF) (Filed on 3/28/2022)
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| Filing 36 MOTION FOR ADMINISTRATIVE RELIEF FOR LEAVE TO FILE AMICUS CURIAE BRIEF BY CALIFORNIA MEDICAL ASSOCIATION IN SUPPORT OF PLAINTIFFS RESPONSE TO MOTION TO DISMISS filed by California Medical Association. Motion Hearing set for 4/28/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 4/8/2022. Replies due by 4/15/2022. (Attachments: #1 Declaration Declaration of Lance M. Martin in Support of California Medical Association's Motion for Leave to File Amicus Curiae Brief, #2 Proposed Order Proposed Order Granting California Medical Association's Motion for Leave to File Amicus Curiae Brief, #3 Exhibit Proposed Amicus Curiae Brief by California Medical Association in Support of Plaintiff's Response to Motion to Dismiss)(Martin, Lance) (Filed on 3/25/2022) Modified on 3/28/2022 (cjl, COURT STAFF). |
| Filing 35 Corporate Disclosure Statement and Certificate of Interested Parties by California Medical Association. (Martin, Lance) (Filed on 3/25/2022) Modified on 3/28/2022 (cjl, COURT STAFF). |
| Filing 34 NOTICE of Appearance by Lance M Martin as Counsel for Amicus Curiae California Medical Association (Martin, Lance) (Filed on 3/25/2022) |
| Filing 33 ADMINISTRATIVE MOTION TO FILE AMICUS BRIEF filed by American College Of Emergency Physicians. Responses due by 3/29/2022. (Attachments: #1 Amicus Brief, #2 Exhibit A, #3 Proposed Order)(Semerdjian, Dick) (Filed on 3/25/2022) |
| Filing 32 NOTICE of Appearance for Amicus Curiae American College Of Emergency Physicians by Dick A. Semerdjian. (Semerdjian, Dick) (Filed on 3/25/2022) Modified on 3/28/2022 (cjl, COURT STAFF). |
| Filing 31 OPPOSITION/RESPONSE (re #5 Administrative Motion to File Under Seal ) filed byEnvision Healthcare Corporation, Envision Physician Services LLC. (Strabo, Jason) (Filed on 3/25/2022) |
| Filing 30 REPLY (re #23 MOTION to Dismiss First Amended Complaint ) filed byEnvision Healthcare Corporation, Envision Physician Services LLC. (Strabo, Jason) (Filed on 3/25/2022) |
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Filing 29
ORDER by Judge Charles R. Breyer: Granting #28 Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 3/21/2022)
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| Filing 28 Administrative Motion to File Under Seal Response to Motion to Dismiss filed by American Academy Of Emergency Medicine Physician Group, Inc.. (Attachments: #1 Redacted Response to MTD FAC, #2 Unredacted Response to MTD FAC, #3 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 3/18/2022) |
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Filing 27
ORDER by Judge Charles R. Breyer: Granting #26 Motion to Substitute Attorney. Added attorney David J. Millstein for American Academy Of Emergency Medicine Physician Group, Inc. (ls, COURT STAFF) (Filed on 3/10/2022)
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| Filing 26 MOTION to Substitute Attorney David Millstein and Gerald Richelson of Millstein Fellner LLP filed by American Academy Of Emergency Medicine Physician Group, Inc.. (Attachments: #1 Substitution of Attorney for Gerald Richelson, #2 CERTIFICATE OF SERVICE)(Millstein, David) (Filed on 3/9/2022) |
| #Electronic filing error. Incorrect event used. [err101] The correct event is a motion. This filing will not be processed by the clerks office. Please re-file in its entirety. R e: #25 Notice of Substitution of Counsel filed by American Academy Of Emergency Medicine Physician Group, Inc. (cjl, COURT STAFF) (Filed on 3/9/2022) |
| Filing 25 NOTICE of Substitution of Counsel by David J. Millstein and Gerald S. Richelson (Attachments: #1 Substitution of Attorney for Gerald Richelson, #2 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 3/8/2022) |
| Filing 24 CLERK'S NOTICE VACATING MOTION to Dismiss First Amended Complaint hearing set for April 22, 2022 before the Honorable Charles R. Breyer. Motion Hearing set for 4/28/2022 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 3/7/2022) |
| Set/Reset Deadlines as to #23 MOTION to Dismiss First Amended Complaint. Motion Hearing set for 4/28/2022 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 3/7/2022) |
| Filing 23 MOTION to Dismiss First Amended Complaint filed by Envision Healthcare Corporation, Envision Physician Services LLC. Motion Hearing set for 4/22/2022 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 3/18/2022. Replies due by 3/25/2022. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Strabo, Jason) (Filed on 3/4/2022) |
| Filing 22 CLERK'S NOTICE VACATING MOTION to Dismiss hearing set for March 31, 2022 before the Honorable Charles R. Breyer. Motion Hearing set for 4/28/2022 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. Opposition to motion to dismiss due by March 16, 2022; Reply due by March 30, 2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 3/2/2022) |
| Set/Reset Deadlines as to #11 #17 MOTION to Dismiss. Responses due by 3/16/2022. Replies due by 3/30/2022. Motion Hearing set for 4/28/2022 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 3/2/2022) |
| Filing 21 PLAINTIFFS RESPONSE TO #18 ADMINISTRATIVE MOTION TO CONSIDER WHETHER ANOTHER PARTYS MATERIAL SHOULD BE SEALED PURSUANT TO 79-5(f) filed by American Academy Of Emergency Medicine Physician Group, Inc. (Related document(s) #19 ) (Millstein, David) (Filed on 2/28/2022) Modified on 3/1/2022 (cjl, COURT STAFF). |
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Filing 20
ORDER by Judge Charles R. Breyer: Granting #18 Administrative Motion to File Under Seal. (ls, COURT STAFF) (Filed on 2/28/2022)
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| Filing 19 OPPOSITION/RESPONSE (re #18 Administrative Motion to File Under Seal FIRST AMENDED COMPLAINT, #5 Administrative Motion to File Under Seal ) filed byEnvision Healthcare Corporation, Envision Physician Services LLC. (Strabo, Jason) (Filed on 2/22/2022) |
| Filing 18 Administrative Motion to File Under Seal FIRST AMENDED COMPLAINT filed by American Academy Of Emergency Medicine Physician Group, Inc.. (Attachments: #1 UNREDACTED FIRST AMENDED COMPLAINT, #2 REDACTED FIRST AMENDED COMPLAINT, #3 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 2/18/2022) |
| Filing 17 DEFENDANTS UPDATED NOTICE OF MOTION AND MOTION TO DISMISS AND MOTION TO DISMISS PURSUANT TO RULES 12(B)(1) AND 12(B)(6) OR, ALTERNATIVELY, STRIKE PLAINTIFFS COMPLAINT PURSUANT TO RULE 12(F) OF THE FEDERAL RULES OF CIVIL PROCEDURE by Envision Healthcare Corporation, Envision Physician Services LLC re #11 MOTION to Dismiss. (Strabo, Jason) (Filed on 2/11/2022) Modified on 2/14/2022 (cjl, COURT STAFF). |
| Filing 16 CLERK'S NOTICE: (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion to Dismiss Hearing set for 3/31/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https:/ /www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at [email protected] no later than March 29, 2022 at 3:00 PM PST.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: #http s://www.cand.uscourts.gov/zoom/. Motion Hearing set for 3/31/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 2/1/2022) |
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Filing 15
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to 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 Clerk on 02/01/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 2/1/2022)
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| Set/Reset Deadlines as to #11 MOTION to Dismiss. Motion Hearing set for 3/31/2022 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 2/1/2022) |
| Filing 14 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. 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. (shy, COURT STAFF) (Filed on 1/31/2022) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Envision Healthcare Corporation, Envision Physician Services LLC.. (Strabo, Jason) (Filed on 1/28/2022) |
| Filing 12 Proposed Order re #11 MOTION to Dismiss by Envision Healthcare Corporation, Envision Physician Services LLC. (Strabo, Jason) (Filed on 1/28/2022) |
| Filing 11 MOTION to Dismiss filed by Envision Healthcare Corporation, Envision Physician Services LLC. Motion Hearing set for 3/4/2022 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 2/11/2022. Replies due by 2/18/2022. (Strabo, Jason) (Filed on 1/28/2022) |
| Filing 10 OPPOSITION/RESPONSE (re #5 Administrative Motion to File Under Seal ) filed byAmerican Academy Of Emergency Medicine Physician Group, Inc.. (Attachments: #1 Certificate/Proof of Service Certificate of Service)(Millstein, David) (Filed on 1/25/2022) |
| Filing 9 Certificate of Interested Entities by Envision Healthcare Corporation, Envision Physician Services LLC identifying Corporate Parent Enterprise Parent Holdings, Inc., Corporate Parent Enterprise Intermediate Holdings, Inc., Corporate Parent KKR AmericasFund XII, L.P., Other Affiliate American Academy Of Emergency Medicine Physician Group, Inc., Other Affiliate Lakewood Regional Medical Center, Inc., d/b/a Lakewood Regional Medical Center, Other Affiliate Fountain Valley Regional Hospital and Medical Center, d/b/a Fountain Valley Regional Hospital, Other Affiliate Los Alamitos Medical Center, Inc., d/b/a Los Alamitos Medical Center, Other Affiliate Placentia-Linda Hospital, Inc., d/b/a Placentia-Linda Hospital, Other Affiliate Premier Emergency Physicians of California Medical Group, P.C., Other Affiliate California EM-I Medical Services, Other Affiliate EMCare, Inc. for Envision Healthcare Corporation, Envision Physician Services LLC. re #1 Notice of Removal,, (Strabo, Jason) (Filed on 1/24/2022) |
| Filing 8 CERTIFICATE OF SERVICE by Envision Healthcare Corporation, Envision Physician Services LLC (Strabo, Jason) (Filed on 1/24/2022) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/15/2022. Initial Case Management Conference set for 4/22/2022 02:00 PM in San Francisco, Courtroom A, 15th Floor. (cjl, COURT STAFF) (Filed on 1/24/2022) |
| Filing 6 Case assigned to Magistrate Judge Alex G. Tse. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/7/2022. (anj, COURT STAFF) (Filed on 1/24/2022) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents . Re: #2 Certificate of Interested Entities, filed by Envision Physician Services LLC, Envision Healthcare Corporation. (cjl, COURT STAFF) (Filed on 1/24/2022) |
| #Electronic filing error. Nature of suit entered on the docket differs from the Nature of suit on the Civil Cover sheet. Please file a corrected Civil Cover sheet or correct the docket. No judge assignment will be made until corrected. Re: #1 Notice of Removal, filed by Envision Physician Services LLC, Envision Healthcare Corporation (anj, COURT STAFF) (Filed on 1/24/2022) Modified on 1/24/2022 (anj, COURT STAFF). |
| Filing 5 Administrative Motion to File Under Seal filed by Envision Healthcare Corporation, Envision Physician Services LLC. (Attachments: #1 Exhibit Unredacted Notice Of Removal, #2 Exhibit Unredacted Declaration ISO Notice of Removal, #3 Declaration of Eric Van Moorlehem, MD ISO Motion To Seal, #4 Exhibit Unredacted Exhibit A, #5 Exhibit Unredacted Exhibit B, #6 Proposed Order)(Strabo, Jason) (Filed on 1/21/2022) |
| Filing 4 NOTICE of Appearance by Jason David Strabo (Strabo, Jason) (Filed on 1/21/2022) |
| Filing 3 Notice To Adverse Party Of Removal To Federal Court by Envision Healthcare Corporation, Envision Physician Services LLC. (Attachments: #1 Exhibit 1-Notice of Removal, #2 Exhibit 2-Declaration of Eric Van Moorlehem, MD ISO Notice of Removal, #3 Exhibit 3-Civil Cover Sheet, #4 Exhibit 4-Certificate of Interested Entities or Persons)(Strabo, Jason) (Filed on 1/21/2022) Modified on 1/24/2022 (cjl, COURT STAFF). |
| Filing 2 Certificate of Interested Entities by Envision Healthcare Corporation, Envision Physician Services LLC identifying Corporate Parent Enterprise Parent Holdings, Inc., Corporate Parent Enterprise Intermediate Holdings, Inc., Corporate Parent KKR AmericasFund XII, L.P. for Envision Healthcare Corporation, Envision Physician Services LLC. re #1 Notice of Removal,, (Strabo, Jason) (Filed on 1/21/2022) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa County, CA Superior Court. Their case number is CIVMSC21-02633. (Filing fee $402 receipt number ACANDC-16828840). Filed byEnvision Physician Services LLC, Envision Healthcare Corporation. (Attachments: #1 Exhibit C-State Court Complaint, #2 Exhibit D-State Court Civil Case Cover Sheet, #3 Exhibit E-State Court Notice of Assignment, #4 Exhibit F-State Court Register of Actions, #5 Declaration of Eric Van Moorlehem, MD ISO Notice of Removal, #6 Exhibit A-Under Seal, #7 Exhibit B-Under Seal, #8 Civil Cover Sheet)(Strabo, Jason) (Filed on 1/21/2022) |
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| Search for this case: American Academy Of Emergency Medicine Physician Group, Inc. v. Envision Healthcare Corporation et al | |
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| Plaintiff: American Academy Of Emergency Medicine Physician Group, Inc. | |
| Represented By: | David J. Millstein |
| Represented By: | Gerald S Richelson |
| Represented By: | Kevin David Cardona |
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| Defendant: Envision Healthcare Corporation | |
| Represented By: | Jason David Strabo |
| Represented By: | Irene Yen Le |
| Represented By: | Thomas A. Ryan |
| Represented By: | Erica Lang |
| Represented By: | Irene Azcarraga |
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| Defendant: Envision Physician Services LLC | |
| Represented By: | Jason David Strabo |
| Represented By: | Irene Yen Le |
| Represented By: | Thomas A. Ryan |
| Represented By: | Erica Lang |
| Represented By: | Irene Azcarraga |
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| Amicus curiae: American College Of Emergency Physicians | |
| Represented By: | Dick A. Semerdjian |
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| Amicus curiae: California Medical Association | |
| Represented By: | Lance M Martin |
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