Miles v. County of Alameda et al
| Christy Miles |
| County of Alameda, Wellpath Management, Inc., California Forensic Medical Group, Inc., Doe Smith, Doe Mitchell, Crispino Gabriel, Marc Solopow, Daniel Sablan, Bryan Kiss, Daniel Herrera, Michael Teves, Malik Jackson, Terrell Santiago, Kenneth Gemmell, Devin Lorier, Victor Galindo, Tara Rocker, Maria Magat, Carol Stevenson, Mira Yune, Elias Aboujaoude, Teresita Pontejos-Murphy and Jennifer McQuade |
| 3:2022cv06707 |
| October 31, 2022 |
| US District Court for the Northern District of California |
| Sallie Kim |
| William H Orrick |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on December 21, 2023. A more recent docket listing may be available from PACER.
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Filing 72
MOTION to Dismiss Plaintiff Christy Miles' Second Amended Complaint filed by Crispino Gabriel, Victor Galindo, Daniel Herrera, Devin Lorier, Doe Mitchell, Daniel Sablan, Terrell Santiago, Doe Smith, Marc Solopow, Michael Teves. Motion to Dismiss Hearing set for 12/20/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Responses due by 11/24/2023. Replies due by 12/1/2023. (Attachments: #1 Request for Judicial Notice & Exs. A-B, #2 Attestation, #3 Proposed Order)(Gilbert, Kevin) (Filed on 11/9/2023)
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Filing 71
Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 9/12/2023. ase referred to Private ADR for mediation to be completed by 6/10/2024. Deadline to Amend/Add Parties: 11/7/2023. Further Case Management Conference set for 3/5/2024 02:00 PM via Videoconference (Case Management Statement due by 2/27/2024). Close of Fact Discovery: 4/8/2024. Dispositive Motions to be heard by 9/4/2024. Pretrial Conference set for 11/4/2024 02:00 PM and Jury Trial set for 12/2/2024 08:30 AM, both in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick.Total Time in Court: 10 minutes. Court Reporter: Kelly Shainline. Plaintiff Attorney: Marcel F. Sincich. Defendant Attorneys: Kevin E. Gilbert and Allison J. Becker. (jmd, COURT STAFF) (Date Filed: 9/12/2023)
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Filing 70
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Victor Galindo waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 69
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Terrell Santiago waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 68
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Michael Teves waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 67
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Marc Solopow waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 66
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Doe Smith waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 65
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Doe Mitchell waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 64
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Devin Lorier waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 63
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Daniel Sablan waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 62
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Daniel Herrera waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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Filing 61
WAIVER OF SERVICE Returned Executed filed by Christy Miles. Service waived by Crispino Gabriel waiver sent on 9/11/2023, answer due 11/13/2023. (Sincich, Marcel) (Filed on 9/12/2023)
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CASE REFERRED to Private ADR. (cmf, COURT STAFF) (Filed on 9/12/2023)
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Filing 60
JOINT CASE MANAGEMENT STATEMENT filed by Christy Miles. (Sincich, Marcel) (Filed on 9/5/2023)
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Filing 59
Answer to Plaintiff's Second Amended Complaint; Demand for Jury Trial #49 Amended Complaint, by County of Alameda. (Gilbert, Kevin) (Filed on 9/5/2023)
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Filing 58
Answer to Plaintiff's Second Amended Complaint for Damages (Jury Trial Demand) #49 Amended Complaint, by California Forensic Medical Group, Inc.. (Romano, Lindsey) (Filed on 9/5/2023)
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Filing 57
Order by Judge William H. Orrick granting #55 Stipulation. The deadline for the responsive pleading is extended until September 5, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 8/8/2023)
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Filing 56
Order by Judge William H. Orrick granting #54 Stipulation. The deadline for the responsive pleading is extended until September 5, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wholc3, COURT STAFF) (Filed on 8/8/2023)
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Filing 55
JOINT STIPULATION WITH PROPOSED ORDER to Respond to Plaintiff's Second Amended Complaint re #49 Amended Complaint filed by County of Alameda. (Fine, Nicholas) (Filed on 8/8/2023)
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Filing 54
STIPULATION WITH PROPOSED ORDER to Extend Time to File its Response to Plaintiff's Second Amended Complaint for Damages and Jury Trial re #49 Amended Complaint filed by California Forensic Medical Group, Inc., Maria Magat, Carol Stevenson, Mira Yune. (Romano, Lindsey) (Filed on 8/8/2023)
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Filing 53
NOTICE of Appearance for Defendant County of Alameda by Nicholas Daniel Fine (Fine, Nicholas) (Filed on 8/8/2023)
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Filing 52
NOTICE of Appearance by Lindsey Mack Romano of Defendants Maria Magat, Carol Stevenson and Mira Yune (Romano, Lindsey) (Filed on 8/8/2023)
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Filing 51
Summons Issued as to Elias Aboujaoude, California Forensic Medical Group, Inc., County of Alameda, Crispino Gabriel, Victor Galindo, Kenneth Gemmell, Daniel Herrera, Malik Jackson, Bryan Kiss, Devin Lorier, Maria Magat, Jennifer McQuade, Doe Mitchell, Teresita Pontejos-Murphy, Tara Rocker, Daniel Sablan, Terrell Santiago, Doe Smith, Marc Solopow, Carol Stevenson, Michael Teves, Mira Yune. (gba, COURT STAFF) (Filed on 7/25/2023)
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Filing 50
Proposed Summons. (Galipo, Dale) (Filed on 7/25/2023)
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Filing 49
SECOND AMENDED COMPLAINT for Damages; Demand for Jury Trial against Doe Smith, Doe Mitchell, Crispino Gabriel, Marc Solopow, Daniel Sablan, Bryan Kiss, Daniel Herrera, Michael Teves, Malik Jackson, Terrell Santiago, Kenneth Gemmell, Devin Lorier, Victor Galindo, Tara Rocker, Maria Magat, Carol Stevenson, Mira Yune, Elias Aboujaoude, Teresita Pontejos-Murphy, Jennifer McQuade. Filed by Christy Miles. (Galipo, Dale) (Filed on 7/25/2023) Modified on 7/25/2023 (gba, COURT STAFF).
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Filing 48
STIPULATED PROTECTIVE ORDER by Judge William H. Orrick granting #46 Stipulation. (jmd, COURT STAFF) (Filed on 4/26/2023)
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Filing 47
CLERKS NOTICE RESETTING ZOOM HEARING - Case Management Conference reset for 9/12/2023 02:00 PM via Videoconference (Case Management Statement due by 9/5/2023).This proceeding will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 4/24/2023)
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Filing 46
STIPULATION WITH PROPOSED ORDER PROTECTIVE ORDER filed by Christy Miles. (Galipo, Dale) (Filed on 4/24/2023)
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Filing 45
CLERKS NOTICE RE ZOOM HEARING - The Case Management Conference set for 04/25/2023 will be held via Zoom webinar. Counsel are reminded that a Case Management Statement was due 04/18/2023.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmd, COURT STAFF) (Filed on 4/24/2023)
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Filing 44
NOTICE of Withdrawal of Attorney by County of Alameda (Gilbert, Kevin) (Filed on 4/19/2023) Modified on 4/20/2023 (gba, COURT STAFF).
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Filing 43
NOTICE of Appearance by Allison J. Becker (Pro Hac Vice) (Becker, Allison) (Filed on 4/7/2023) Modified on 4/7/2023 (gba, COURT STAFF).
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Filing 42
ORDER GRANTING IN PART AND DENYING IN PART THE COUNTY DEFENDANTS' #28 MOTION TO DISMISS THE FIRST AMENDED COMPLAINT by Judge William H. Orrick. (jmd, COURT STAFF) (Filed on 4/3/2023)
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Filing 41
Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 3/28/2023. Case Management Conference set for 4/25/2023 02:00 PM via Videoconference. Case Management Statement due by 4/18/2023. Digital Recording Time: 2:22-2:27. Plaintiff Attorney: Marcel Sincich. Defendant Attorneys: Lindsey Mack Romano and Kevin E. Gilbert. (jmd, COURT STAFF) (Date Filed: 3/28/2023)
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Filing 40
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Plaintiff Christy Miles (Sincich, Marcel) (Filed on 3/24/2023)
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Filing 39
Order by Judge William H. Orrick granting #37 Motion for Leave to Appear. Mr. Sincich may appear at the March 28, 2023 Case Management Conference in the instant action in lieu of Mr. Galipo. (jmd, COURT STAFF) (Filed on 3/22/2023)
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Filing 38
Certificate of Interested Entities by Christy Miles (Sincich, Marcel) (Filed on 3/22/2023)
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Filing 37
MOTION for Leave to Appear in Lieu of Lead Counsel filed by Christy Miles. (Attachments: #1 Proposed Order)(Sincich, Marcel) (Filed on 3/21/2023)
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Filing 36
JOINT CASE MANAGEMENT STATEMENT filed by Christy Miles. (Sincich, Marcel) (Filed on 3/21/2023)
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Filing 35
AMENDED Declaration of Christy Miles Pursuant to Section 377.32 of the California Code of Civil Procedure by Christy Miles. Amendment to #19 Affidavit, #33 Motion Hearing, (Galipo, Dale) (Filed on 3/14/2023) Modified on 3/15/2023 (gba, COURT STAFF).
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Filing 34
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by County of Alameda (Gilbert, Kevin) (Filed on 3/13/2023)
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Filing 33
Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 3/8/2023 re #28 MOTION to Dismiss. Motion taken under submission; written order to issue after affidavit as to possible successors in interest is filed (due 3/22/2023). Digital Recording Time: 28 minutes. Plaintiff Attorney: Marcel F. Sincich. Defendant Attorney: Christopher R. Creech and Jennifer Paez. (jmd, COURT STAFF) (Date Filed: 3/8/2023)
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Filing 32
NOTICE of Appearance by Christopher Randall Creech for Defendant County of Alameda (Creech, Christopher) (Filed on 3/8/2023)
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Filing 31
CLERKS NOTICE SETTING ZOOM HEARING - The Hearing on #28 Motion to Dismiss set for 3/8/2023 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/who General Order 58.
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Filing 30
REPLY (re #28 MOTION to Dismiss Plaintiff's First Amended Complaint ) REPLY IN SUPPORT OF DEFENDANT COUNTY OF ALAMEDAS MOTION TO DISMISS PLAINTIFF CHRISTY MILES FIRST AMENDED COMPLAINT filed byCounty of Alameda. (Gilbert, Kevin) (Filed on 2/16/2023)
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Filing 29
OPPOSITION/RESPONSE (re #28 MOTION to Dismiss Plaintiff's First Amended Complaint ) filed by Christy Miles. (Sincich, Marcel) (Filed on 2/9/2023) Modified on 2/10/2023 (kmg, COURT STAFF).
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Filing 28
MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities in Support filed by County of Alameda. Motion Hearing set for 3/8/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 2/9/2023. Replies due by 2/16/2023. (Attachments: #1 Request for Judicial Notice and Exs. A-B, #2 Attestation) (Gilbert, Kevin) (Filed on 1/26/2023) Modified on 1/26/2023 (gba, COURT STAFF).
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Filing 27
ANSWER to First Amended Complaint by California Forensic Medical Group, Inc.. (Romano, Lindsey) (Filed on 1/26/2023) Modified on 1/26/2023 (gba, COURT STAFF).
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Filing 26
Summons Issued as to California Forensic Medical Group, Inc., County of Alameda. (gba, COURT STAFF) (Filed on 1/8/2023)
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Filing 25
Proposed Summons. (Sincich, Marcel) (Filed on 12/29/2022)
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Filing 24
FIRST AMENDED COMPLAINT for Damages; Demand for Jury Trial against County of Alameda, California Forensic Medical Group, Inc.. Filed by Christy Miles. (Sincich, Marcel) (Filed on 12/29/2022) Modified on 1/8/2023 (gba, COURT STAFF).
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Filing 23
ORDER RE: JOINT STIPULATION REGARDING THE PLEADINGS granting #21 STIPULATION. #18 MOTION to Dismiss terminated. Initial Case Management Conference reset for 3/28/2022 02:00 PM via Videoconference. Case Management Statement due by 3/21/2023. Signed by Judge William H. Orrick on 12/27/2022. (jmd, COURT STAFF) (Filed on 12/27/2022)
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Filing 22
Order by Judge William H. Orrick granting #20 Motion for Pro Hac Vice by Allison J. Becker. (jmd, COURT STAFF) (Filed on 12/22/2022)
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Filing 21
STIPULATION WITH PROPOSED ORDER Regarding the Pleadings and Plaintiff's First Amended Complaint for Damages filed by Christy Miles. (Attachments: #1 Proposed Order)(Sincich, Marcel) (Filed on 12/22/2022)
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Filing 20
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17824028.) filed by Wellpath Management, Inc.. (Attachments: #1 Certificate of Good Standing)(Becker, Allison) (Filed on 12/15/2022)
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Filing 19
Declaration of Christy Miles, Pursuant to Section 377.32 of the California Code of Civil Procedure by Christy Miles. (Galipo, Dale) (Filed on 12/14/2022) Modified on 12/21/2022 (gba, COURT STAFF).
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Filing 18
MOTION to Dismiss Plaintiff Christy Miles' Complaint; Memorandum of Points and Authorities in Support filed by County of Alameda. Motion Hearing set for 1/25/2023 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 12/22/2022. Replies due by 12/29/2022. (Attachments: #1 Request for Judicial Notice & Ex. A, #2 Proposed Order)(Gilbert, Kevin) (Filed on 12/8/2022)
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Filing 17
CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference reset for 2/7/2023 02:00 PM via Videoconference. Case Management Statement due by 1/31/2023. Signed by Judge William H. Orrick on 12/2/2022. (jmd, COURT STAFF) (Filed on 12/2/2022)
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Filing 16
Certificate of Interested Entities by Wellpath Management, Inc. identifying Other Affiliate California Forensic Medical Group, Incorporated for Wellpath Management, Inc.. re #12 Certificate of Interested Entities (AMENDED) (Romano, Lindsey) (Filed on 12/2/2022)
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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 William H. Orrick for all further proceedings. Magistrate Judge Sallie Kim 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 12/02/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 12/2/2022)
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Filing 14
STIPULATION re #1 Complaint to Extend Time to Respond filed by Wellpath Management, Inc.. (Romano, Lindsey) (Filed on 12/2/2022)
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Filing 13
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. (mkl, COURT STAFF) (Filed on 12/1/2022)
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Filing 12
Certificate of Interested Entities by Wellpath Management, Inc. identifying Other Affiliate California Forensic Medical Group for Wellpath Management, Inc.. (Romano, Lindsey) (Filed on 12/1/2022)
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Filing 11
Corporate Disclosure Statement by Wellpath Management, Inc. (Romano, Lindsey) (Filed on 12/1/2022)
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Filing 10
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wellpath Management, Inc... (Romano, Lindsey) (Filed on 12/1/2022)
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Filing 9
NOTICE of Appearance by Lindsey Mack Romano (Romano, Lindsey) (Filed on 12/1/2022)
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Filing 8
SUMMONS Returned Executed by Christy Miles. County of Alameda served on 11/17/2022, answer due 12/8/2022; Wellpath Management, Inc. served on 11/15/2022, answer due 12/6/2022. (Sincich, Marcel) (Filed on 11/29/2022)
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Filing 7
CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 12/1/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 12/1/2022. (mkl, COURT STAFF) (Filed on 11/17/2022)
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Filing 6
Summons Issued as to County of Alameda, Wellpath Management, Inc.. (slh, COURT STAFF) (Filed on 11/2/2022)
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Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/23/2023. Initial Case Management Conference set for 1/30/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (slh, COURT STAFF) (Filed on 11/2/2022)
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Filing 4
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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/14/2022. (mbc, COURT STAFF) (Filed on 10/31/2022)
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Filing 3
Proposed Summons. (Sincich, Marcel) (Filed on 10/31/2022)
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Filing 2
Civil Cover Sheet by Christy Miles . (Sincich, Marcel) (Filed on 10/31/2022)
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Filing 1
COMPLAINT against County of Alameda, Wellpath Management, Inc. ( Filing fee $ 402, receipt number ACANDC-17682133.). Filed byChristy Miles. (Sincich, Marcel) (Filed on 10/31/2022)
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