Tidwell v. Kaiser Foundation Health Plan, Inc. et al
| Edward C. Tidwell and Edward C Tidwell |
| Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. and Kaiser Permanente |
| 3:2023cv00776 |
| February 22, 2023 |
| US District Court for the Northern District of California |
| Alex G Tse |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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| Filing 55 RESPONSE IN SUPPORT OF KAISER FOUNDATION HEALTH PLAN, INC., KAISER FOUNDATION HOSPITALS, AND THE PERMANENTE MEDICAL GROUP, INC.S OPPOSITION TO PLAINTIFFS REQUEST FOR WITHDRAWAL OR MODIFICATION OF ORDER; REQUEST FOR SANCTIONS; STATEMENT OF ISSUES by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Declaration)(Likar, Ondrej) (Filed on 6/5/2023) |
Filing 54
Order by Magistrate Judge Alex G. Tse resolving #53 Motion to Compel. (agtlc1, COURT STAFF) (Filed on 6/2/2023)
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| Filing 53 MOTION to Compel Requests for Production of Documents, Set One to Kaiser Foundation Health Plan, Inc. filed by Edward C Tidwell. Motion Hearing set for 6/23/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 7/7/2023. Replies due by 7/14/2023. (Tidwell, Edward) (Filed on 5/30/2023) |
| Filing 52 Letter Edward C. Tidwell Appellant Plaintiff's Email dated May 24, 2023 to Stephen F. Von Till, Esq. of Von Till & Associates. (Tidwell, Edward) (Filed on 5/24/2023) |
| Filing 51 RESPONSE to Referral Notice by Magistrate Judge Alex G. Tse: Regarding #50 NOTICE. (shy, COURT STAFF) (Filed on 5/23/2023) |
| Filing 50 USCA Referral Notice. (far, COURT STAFF) (Filed on 5/23/2023) |
| *** Copy of doc #51 Response to Referral Notice sent to USCA *** (far, COURT STAFF) (Filed on 5/23/2023) |
| Filing 49 DESIGNATION of Record on Appeal Plaintiff's Objections and Requests for Withdrawal or Modification of Order; Appellant's Designation of Record on Appeal; and Statement of Issues (Attachments: #1 Plaintiff's Exhibit 1 thru Exhibit 8 to Designation of Record on Appeal, #2 Plaintiff's Certificate of Service)(Tidwell, Edward) (Filed on 5/22/2023) |
| Filing 48 USCA Case Number 23-15765 9th Circuit for #47 Notice of Appeal to the Ninth Circuit,,, filed by Edward C Tidwell. (far, COURT STAFF) (Filed on 5/18/2023) |
| Filing 47 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Edward C Tidwell. Appeal of Request for Judicial Notice,,, #28 , Complaint, #1 , Order on Motion to Appoint Counsel, Order on Motion to Dismiss #46 , Declaration in Opposition,, #29 , MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action #11 , Opposition/Response to Motion, #27 , MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1 #35 (IFP Request was previously e-filed with the Court). (Attachments: #1 Motion to Appeal Informa Pauperis)(Tidwell, Edward) (Filed on 5/15/2023) |
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Filing 46
Order by Magistrate Judge Alex G. Tse denying #35 Motion to Appoint Counsel; granting #11 Motion to Dismiss. (agtlc1, COURT STAFF) (Filed on 5/10/2023)
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| Filing 45 Letter from Edward C. Tidwell Claimant Plaintiff's Correspondence dated May 2, 2023 to the Clerk of the Court for the District Court, Northern California-Case No.: 23-cv-00776-AGT (Scan CCF05022023) . (Tidwell, Edward) (Filed on 5/2/2023) |
| Filing 44 Supplemental Brief re #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Related document(s) #11 ) (Wayne, Collin) (Filed on 4/26/2023) |
| Filing 43 OPPOSITION/RESPONSE (re #35 MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1 ) filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Wayne, Collin) (Filed on 4/24/2023) |
| Filing 42 ERRATA re #41 Notice (Other),,,, Edward C. Tidwell Claimant Plaintiff's Notice of Errata Re Electronic Filing of Summons Returned Executed by the U.S. Department of Justice, Unite d States Marshals Service by Edward C Tidwell. (Tidwell, Edward) (Filed on 4/17/2023) |
| Filing 41 NOTICE by Edward C Tidwell re #24 Remark, #25 Letter, #28 Request for Judicial Notice,,, #12 Declaration in Support, #18 Notice of Appearance, #1 Complaint, #29 Declaration in Opposition,, #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action, #8 Summons Issued, #16 Declaration in Support, #17 Declaration in Support,, #13 Declaration in Support, #7 Order on Motion for Leave to Proceed in forma pauperis, #15 Declaration in Support, #27 Opposition/Response to Motion, #30 Proposed Order,, #37 Proposed Order,, #14 Declaration in Support, #35 MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1 Edward C. Tidwell Claimant Plaintiff's Notice of Receipt of Electronic Filing of Summons Returned Executed by the U.S. Department of Justice, United States Marshals Service of the Summons, Order & Complaint (Tidwell, Edward) (Filed on 4/17/2023) |
| Filing 40 SUMMONS Returned Executed Kaiser Foundation Health Plan, Inc. served on 4/12/2023, answer due 5/3/2023; Kaiser Foundation Hospitals served on 4/12/2023, answer due 5/3/2023; Kaiser Permanente served on 4/12/2023, answer due 5/3/2023; The Permanente Medical Group, Inc. served on 4/5/2023, answer due 4/26/2023. (far, COURT STAFF) (Filed on 4/14/2023) |
| Filing 39 ERRATA re #38 Notice (Other),,,, Plaintiff's Notice of Errata Re Certificate of Service filed April 11, 2023 by Edward C Tidwell. (Tidwell, Edward) (Filed on 4/12/2023) |
| Filing 38 NOTICE by Edward C Tidwell re #24 Remark, #25 Letter, #1 Complaint, #7 Order on Motion for Leave to Proceed in forma pauperis, #35 MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1, #19 Clerk's Notice re: Consent or Declination,, Notice of A Lawsuit and Request to Waive Service of A Summons; and Waiver of the Service of Summons to Defendant Trident Society, Inc. (Attachments: #1 Notice of A Lawsuit and Request to Waive Service of A Summons; and Waiver of the Service of Summons to Defendant Ori Tzvieli, MD, #2 Notice of A Lawsuit and Request to Waive Service of A Summons; and Waiver of the Service of Summons to Defendant Jomok Care Home Corporation, #3 Certificate of Service of Notice of A Lawsuit and Request to Waive Service of A Summons; and Waiver of the Service of Summons Defendants Trident, Jomok Care and Tzvieli)(Tidwell, Edward) (Filed on 4/11/2023) |
| Filing 37 Proposed Order re #7 Order on Motion for Leave to Proceed in forma pauperis, #35 MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1 and Part 2, Exhibit 2 and Exhibit 3 to Plaintiff's Motion for Order Appointing Counsel; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines (Dkt. No.: 35 and 35-1) by Edward C Tidwell. (Tidwell, Edward) (Filed on 4/10/2023) |
| Filing 36 Certificate of Interested Entities by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc. (Wayne, Collin) (Filed on 4/10/2023) |
| Filing 35 MOTION to Appoint Counsel ; Order Rescheduling Motion Hearing; and Order Extending ADR and Initial Case Management Conference Deadlines including Part 1, Exhibit 1 filed by Edward C Tidwell. (Attachments: #1 Part 2, Exhibit 2 and Exhibit 3)(Tidwell, Edward) (Filed on 4/10/2023) |
| Filing 34 Certificate of Interested Entities by Edward C Tidwell re #12 Declaration in Support, #18 Notice of Appearance, #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action, #16 Declaration in Support, #17 Declaration in Support,, #13 Declaration in Support, #15 Declaration in Support, #14 Declaration in Support, #26 Consent/Declination to Proceed Before a US Magistrate Judge Edward C. Tidwell Plaintiff's Notice of Non-Receipt of Certificate of Interested Parties or Persons; Corporate Disclosure Statement and Appearance of Counsel including Part 1 - Part 5 Exhibit 1 thru Exhibit 3(c) (Attachments: #1 Part 2 Exhibit 3, #2 Part 3 Exhibit 3(a), #3 Part 4 Exhibit 3(b), #4 Part 5 Exhibit 3(c))(Tidwell, Edward) (Filed on 4/7/2023) |
| Filing 33 Declaration of Collin W. Wayne in Support of #32 Reply to Opposition/Response, filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Related document(s) #32 ) (Wayne, Collin) (Filed on 4/6/2023) |
| Filing 32 REPLY (re #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action ) filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Wayne, Collin) (Filed on 4/6/2023) |
| Filing 31 Letter from Edward C. Tidwell, Plaintiff in Pro Se . (Attachments: #1 Order Re: Demurrer to Amended Demand for Arbitration, #2 Order Re: Motion to Strike Demand for Punitive Damages)(Tidwell, Edward) (Filed on 4/5/2023) |
| Filing 30 Proposed Order re #24 Remark, #25 Letter, #28 Request for Judicial Notice,,, #12 Declaration in Support, #29 Declaration in Opposition,, #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action, #8 Summons Issued, #16 Declaration in Support, #17 Declaration in Support,, #13 Declaration in Support, #7 Order on Motion for Leave to Proceed in forma pauperis, #15 Declaration in Support, #22 Certificate of Service, #27 Opposition/Response to Motion, #14 Declaration in Support, by Edward C Tidwell. (Tidwell, Edward) (Filed on 3/30/2023) |
| Filing 29 DECLARATION of Edward C. Tidwell in Opposition to #17 Declaration in Support,, #13 Declaration in Support, #12 Declaration in Support, #18 Notice of Appearance, #15 Declaration in Support, #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action, #14 Declaration in Support, #16 Declaration in Support, Declaration of Edward C. Tidwell in Support of Plaintiff's Opposition and Request for Judicial Notice filed byEdward C Tidwell. (Related document(s) #17 , #13 , #12 , #18 , #15 , #11 , #14 , #16 ) (Tidwell, Edward) (Filed on 3/30/2023) |
| Filing 28 Request for Judicial Notice re #24 Remark, #25 Letter, #12 Declaration in Support, #18 Notice of Appearance, #1 Complaint, #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action, #8 Summons Issued, #16 Declaration in Support, #17 Declaration in Support,, #13 Declaration in Support, #10 Notice (Other), #7 Order on Motion for Leave to Proceed in forma pauperis, #22 Certificate of Service, #15 Declaration in Support, #27 Opposition/Response to Motion, #9 Notice (Other), #14 Declaration in Support, filed byEdward C Tidwell. (Attachments: #1 Exhibit Part 2 Exhibit 1a, #2 Exhibit Part 3 Exhibit 2 thru Exhibit 5, #3 Exhibit Part 4 Exhibit 6 thru Exhibit 11)(Related document(s) #24 , #25 , #12 , #18 , #1 , #11 , #8 , #16 , #17 , #13 , #10 , #7 , #22 , #15 , #27 , #9 , #14 ) (Tidwell, Edward) (Filed on 3/30/2023) |
| Filing 27 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action ) (Filed concurrently with Plaintiff's Request for Judicial Notice; Declaration of Edward C. Tidwell; and [Proposed] Order) filed byEdward C Tidwell. (Tidwell, Edward) (Filed on 3/30/2023) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc... (Wayne, Collin) (Filed on 3/24/2023) |
| Filing 25 Letter from Felicia Brown, Case Systems Admin. via Email dated March 23, 2023 Re Pending Service of Process (Dkt. No.: 24) by the U.S. Marshals Service. (Tidwell, Edward) (Filed on 3/23/2023) |
| Filing 24 USMS Acknowledgment of Receipt of Summons. (far, COURT STAFF) (Filed on 3/22/2023) |
| Filing 23 Letter from Edward C. Tidwell, Plaintiff in Pro Se Email dated March 22, 2023 Re JAMS Arbitration Proceedings for the Honorable Judge Alex G. Tse's review and consideration. (Tidwell, Edward) (Filed on 3/22/2023) |
| Filing 22 CERTIFICATE OF SERVICE by Edward C Tidwell (Attachments: #1 Envelope)(far, COURT STAFF) (Filed on 3/21/2023) |
| Filing 21 CERTIFICATE OF SERVICE by Edward C Tidwell re #10 Notice (Other), #6 Order on Motion for Permission for Electronic Case Filing, #7 Order on Motion for Leave to Proceed in forma pauperis, #2 Initial Case Management Scheduling Order with ADR Deadlines, #8 Summons Issued, #9 Notice (Other), #5 Consent/Declination to Proceed Before a US Magistrate Judge Alex G. Tse (Tidwell, Edward) (Filed on 3/21/2023) |
| Filing 20 CERTIFICATE OF SERVICE by Edward C. Tidwell (far, COURT STAFF) (Filed on 3/20/2023) |
| Filing 19 CLERK'S NOTICE TO DEFENDANTS Re: Consent or Declination. Defendants shall file a consent or declination to proceed before a magistrate judge by 3/24/2023. 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. (shy, COURT STAFF) (Filed on 3/20/2023)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 18 NOTICE of Appearance by Yvonne Michelle Pierrou (Pierrou, Yvonne) (Filed on 3/17/2023) |
| Filing 17 Declaration of Ondrej Likar in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Exhibit Ex F to Likar Dec, #2 Exhibit Ex G to Likar Dec, #3 Exhibit Ex H to Likar Dec, #4 Exhibit Ex I to Likakr Dec, #5 Exhibit Ex J to Likar Dec, #6 Exhibit Ex K to Likar Dec)(Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 16 Declaration of Alicia McWilliams in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Exhibit Ex D to McWilliams Dec, #2 Exhibit Ex E to McWilliams Dec)(Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 15 Declaration of Danny Covarrubio in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Exhibit Ex B to Covarrubio Dec, #2 Exhibit Ex C to Covarrubio Dec)(Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 14 Declaration of Nancy Garcia in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Attachments: #1 Exhibit Ex A to Dec of Garcia)(Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 13 Declaration of Pamela Booher in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 12 Declaration in Support of #11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed byKaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. (Related document(s) #11 ) (Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 11 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and in Alternative to Dismiss in Favor of Arbitration and Stay Action filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, The Permanente Medical Group, Inc.. Motion Hearing set for 5/12/2023 10:00 AM in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Alex G. Tse. Responses due by 3/31/2023. Replies due by 4/7/2023. (Attachments: #1 Proposed Order)(Likar, Ondrej) (Filed on 3/17/2023) |
| Filing 10 NOTICE OF LAWSUIT AND REQUEST TO WAIVE SERVICE OF A SUMMONS by Edward C. Tidwell (Attachments: #1 Notice of Lawsuit and Request to Waive Service of a Summons, #2 Notice of Lawsuit and Request to Waive Service of a Summons, #3 Notice of Lawsuit and Request to Waive Service of a Summons, #4 Certificate/Proof of Service)(far, COURT STAFF) (Filed on 3/14/2023) (Additional attachment(s) added on 3/15/2023: #5 Envelope) (far, COURT STAFF). |
| Filing 9 Amended Notice of Dismissal by Edward C. Tidwell (Attachments: #1 Envelope) (kmg, COURT STAFF) (Filed on 3/7/2023) |
| Filing 8 Summons Issued as to Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Kaiser Permanente, The Permanente Medical Group, Inc.. (Attachments: #1 USM 285, #2 USM 285, #3 USM 285, #4 USM 285)(far, COURT STAFF) (Filed on 3/3/2023) |
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Filing 7
ORDER Granting IFP Application by Magistrate Judge Alex G. Tse: granting #3 Application. (shy, COURT STAFF) (Filed on 3/1/2023)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 6
ORDER Granting Motion for Permission for Electronic Case Filing signed by Magistrate Judge Alex G. Tse: granting #4 Motion. (shy, COURT STAFF) (Filed on 3/1/2023)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 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Edward C. Tidwell.. (far, COURT STAFF) (Filed on 3/1/2023) |
| Filing 4 MOTION for Permission for Electronic Case Filing filed by Edward C. Tidwell. (Attachments: #1 Proposed Order)(far, COURT STAFF) (Filed on 2/28/2023) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Edward C. Tidwell. (far, COURT STAFF) (Filed on 2/22/2023) |
| Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/19/2023. Initial Case Management Conference set for 5/26/2023 02:00 PM in San Francisco, Courtroom A, 15th Floor. (far, COURT STAFF) (Filed on 2/22/2023)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 1 COMPLAINT against Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Kaiser Permanente, The Permanente Medical Group, Inc.. Filed byEdward C. Tidwell. Consent/Declination due by 3/8/2023. (Attachments: #1 Civil Cover Sheet)(far, COURT STAFF) (Filed on 2/22/2023) |
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