Smith et al v. Watanabe et al
Plaintiff: Grace Smith, Russell Rawlings and California Foundation for Independent Living Centers
Defendant: Mary Watanabe, CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Kaiser Foundation Health Plan, Inc., KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION and California Health and Human Services Agency
Case Number: 4:2021cv07872
Filed: October 7, 2021
Court: US District Court for the Northern District of California
Presiding Judge: Laurel Beeler
Referring Judge: Haywood S Gilliam
Nature of Suit: Civil Rights: Other
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.: Employee Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2023 Opinion or Order Filing 85 Joint Status Report re Kaiser Arbitration by Grace Smith and Kaiser Foundation Health Plan, Inc.. (Galvan, Ernest) (Filed on 9/22/2023) Modified on 9/22/2023 (anj, COURT STAFF).
March 29, 2023 Opinion or Order Filing 84 ORDER by Hon. Haywood S. Gilliam, Jr. taking the pending Dkt. No. 77 motion under submission. The hearing previously scheduled for March 30, 2023 is VACATED. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cwlc2, COURT STAFF) (Filed on 3/29/2023)
March 29, 2023 Opinion or Order ***Motion Hearing Terminated, See Docket No. 84 .*** (ndr, COURT STAFF) (Filed on 3/29/2023)
March 3, 2023 Opinion or Order Filing 83 State Defendants' Request for Judicial Notice re #82 Reply to Opposition/Response filed by California Health and Human Services Agency. (Related document(s) #82 ) (Barca, Dane) (Filed on 3/3/2023) Modified on 3/6/2023 (anj, COURT STAFF).
March 3, 2023 Opinion or Order Filing 82 REPLY (re #77 MOTION to Dismiss SECOND AMENDED COMPLAINT (Fed. R. Civ. P. 12(b)(1) & 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES ) to Plaintiffs' Opposition to Motion to Dismiss filed byCalifornia Health and Human Services Agency. (Barca, Dane) (Filed on 3/3/2023) Modified on 3/6/2023 (anj, COURT STAFF).
February 7, 2023 Opinion or Order Filing 81 OPPOSITION/RESPONSE (re #77 MOTION to Dismiss SECOND AMENDED COMPLAINT (Fed. R. Civ. P. 12(b)(1) & 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES ) Pls Request for Judicial Notice ISO Opposition to Defs Motion to Dismiss Second Amended Complaint filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Attachments: #1 Exhibit HHSA Budget Agency Report, #2 Exhibit Manual of State Funds 0890, #3 Exhibit Departments and Offices - California Health and Human Services, #4 Exhibit CalHHS Guiding Principles and Strategic Priorities Full ADA, #5 Exhibit About - California Health and Human Services, #6 Exhibit Dr. Ghaly-Bio, #7 Exhibit Exec Branch Org Chart 1.14.22 Fully Remediated, #8 Exhibit Health and Human Services)(Nunez, Michael) (Filed on 2/7/2023) Modified on 2/8/2023 (anj, COURT STAFF).
February 7, 2023 Opinion or Order Filing 80 OPPOSITION/RESPONSE to Defendants' (re #77 MOTION to Dismiss SECOND AMENDED COMPLAINT (Fed. R. Civ. P. 12(b)(1) & 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES ) Pls Opposition to Defs Motion to Dismiss Second Amended Complaint filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Nunez, Michael) (Filed on 2/7/2023) Modified on 2/8/2023 (anj, COURT STAFF).
January 25, 2023 Opinion or Order Filing 79 JOINT STATUS REPORT Re Status of Arbitration by Russell Rawlings, Grace Smith and Kaiser Foundation Health Plan, Inc. (Galvan, Ernest) (Filed on 1/25/2023) Modified on 1/26/2023 (anj, COURT STAFF).
December 19, 2022 Opinion or Order Filing 78 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #77 . Notice is hereby given that the briefing set by counsel is reset and the hearing is set pursuant to docket no. #76 : Responses due by 2/7/2023; Replies due by 3/1/2023; and Motion Hearing set for 3/30/2023 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr. In the future it's counsel's responsibility to set the deadlines and hearing date pursuant to the order at the time the motion is e-filed. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/19/2022)
December 16, 2022 Opinion or Order Filing 77 MOTION to Dismiss SECOND AMENDED COMPLAINT (Fed. R. Civ. P. 12(b)(1) & 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, California Health and Human Services Agency. Responses due by 12/30/2022. Replies due by 1/6/2023. (Attachments: #1 Proposed Order)(Barca, Dane) (Filed on 12/16/2022)
December 16, 2022 Opinion or Order Filing 76 ORDER by Judge Haywood S Gilliam, Jr granting #74 Stipulated Request for Order to Extend Time for Second Motion to Dismiss and Associated Deadlines. Motion to Dismiss due by 12/16/2022. Opposition due by 2/7/2023. Reply due by 3/1/2023. Motion to Dismiss Hearing set for 3/30/2023 at 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr. (kc, COURT STAFF) (Filed on 12/16/2022)
December 16, 2022 Opinion or Order Filing 75 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #74 . In the future, a stipulated request should be e-filed as a stipulation and proposed order and not motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 12/16/2022)
December 15, 2022 Opinion or Order Filing 74 Stipulated request for Order to extend time for second Motion to Dismiss and Associated Deadlines filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, California Health and Human Services Agency, Grace Smith, Russell Rawlings, California Foundation for Independent Living Centers. (Barca, Dane) (Filed on 12/15/2022) Modified on 12/16/2022 to correct docket text (ndr, COURT STAFF). Modified on 12/16/2022 (anj, COURT STAFF).
December 1, 2022 Opinion or Order Filing 73 NOTICE of Appearance by Dane Christian Barca (Barca, Dane) (Filed on 12/1/2022)
November 15, 2022 Opinion or Order Filing 72 CERTIFICATE OF SERVICE by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith Proof of Service of Summons on Defendant California Health and Human Services Agency (Nunez, Michael) (Filed on 11/15/2022)
November 8, 2022 Opinion or Order Filing 71 Stipulation Extending Defendants' Deadlines to Respond to Second Amended Class Action Complaint re #68 Amended Complaint, filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, California Health and Human Services Agency, Grace Smith, Russell Rawlings, California Foundation for Independent Living Centers, . (Sondheimer, Joshua) (Filed on 11/8/2022) Modified on 11/9/2022 (anj, COURT STAFF).
November 3, 2022 Opinion or Order Filing 70 Summons Issued as to California Health and Human Services Agency. (anj, COURT STAFF) (Filed on 11/3/2022)
November 2, 2022 Opinion or Order Filing 69 Proposed Summons. (Nunez, Michael) (Filed on 11/2/2022)
October 25, 2022 Opinion or Order Filing 68 SECOND AMENDED COMPLAINT against CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, California Health and Human Services Agency. Filed by Grace Smith, California Foundation for Independent Living Centers, Russell Rawlings. (Nunez, Michael) (Filed on 10/25/2022) Modified on 10/26/2022 (anj, COURT STAFF).
September 27, 2022 Opinion or Order Filing 67 ORDER by Judge Haywood S. Gilliam, Jr.GRANTING #34 MOTION TO DISMISS WITH LEAVE TO AMEND. Amended Pleadings due by 10/25/2022. (ndr, COURT STAFF) (Filed on 9/27/2022)
September 27, 2022 Opinion or Order Filing 66 ORDER by Judge Haywood S. Gilliam, Jr. GRANTING #32 MOTION TO COMPEL ARBITRATION.**Docket No. #33 is moot.** Joint Status Report due by 1/25/2023. (ndr, COURT STAFF) (Filed on 9/27/2022)
June 10, 2022 Opinion or Order Filing 65 NOTICE of Change In Counsel by Carly Alexis Myers (Myers, Carly) (Filed on 6/10/2022)
June 3, 2022 Opinion or Order Filing 64 Supplemental Brief re #59 Order SOVEREIGN IMMUNITY filed byCALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Mary Watanabe. (Related document(s) #59 ) (Sondheimer, Joshua) (Filed on 6/3/2022)
June 3, 2022 Opinion or Order Filing 63 Plaintiffs' Supplemental Briefing filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Center, Claudia) (Filed on 6/3/2022) Modified on 6/6/2022 (cjl, COURT STAFF).
May 27, 2022 Opinion or Order Filing 62 Transcript of Proceedings held on 05/19/2022, before Judge Gilliam. Court Reporter Pamela Batalo Hebel, telephone number 626-688-7509; pamela_batalo-hebel@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #61 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) #61 ) (Batalo, Pam) (Filed on 5/27/2022)
May 20, 2022 Opinion or Order Filing 61 TRANSCRIPT ORDER for proceedings held on 5/19/2022 before Judge Haywood S Gilliam, Jr by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Mary Watanabe, for Court Reporter Pam Batalo. (Sondheimer, Joshua) (Filed on 5/20/2022)
May 20, 2022 Opinion or Order Filing 59 ORDER DIRECTING SUPPLEMENTAL BRIEFING RE Docket No. #34 . Signed by Judge Haywood S. Gilliam, Jr. on 5/20/2022. (ndr, COURT STAFF) (Filed on 5/20/2022)
May 19, 2022 Opinion or Order Filing 60 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Motion Hearing held and Initial Case Management Conference NOT held on 5/19/2022.Total Time in Court: 50 Minutes. Court Reporter: Pamela Batalo-Hebel. Plaintiff Attorney: Claudia Center. Defendant Attorney: Joshua Sondheimer and Moe Keshavarzi. Motion to dismiss (docket no. #34 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Date Filed: 5/19/2022)
May 18, 2022 Opinion or Order Filing 58 CLERK'S NOTICE: You are hereby notified that Kaiser's motions #32 and #33 are taken under submission and are vacated off the Court's calendar. California Department of Managed Health Care's motion #34 will remain on calendar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 5/18/2022)
May 12, 2022 Opinion or Order Filing 57 JOINT CASE MANAGEMENT STATEMENT filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith, Mary Watanabe and the California Department of Managed Health Care and Kaiser Foundation Health Plan, Inc. (Nunez, Michael) (Filed on 5/12/2022) Modified on 5/13/2022 (anj, COURT STAFF).
April 22, 2022 Opinion or Order Filing 56 ORDER by Judge Haywood S. Gilliam, Jr. Granting #55 Stipulation To Reschedule Case Management Conference & Oral Argument On Motions To Dismiss And Motion To Compel Arbitration. (ndr, COURT STAFF) (Filed on 4/22/2022)
April 22, 2022 Opinion or Order Filing 55 Joint Stipulation To Reschedule Case Management Conference & Oral Argument On Motions To Dismiss And Motion To Compel Arbitration filed by Kaiser Foundation Health Plan, Inc., Grace Smith, Russell Rawlings, and the California Foundation For Independent Living Centers, Mary Watanabe and the California Department of Managed Health Care. (Attachments: #1 Proposed Order Re Joint Stipulation To Reschedule Case Management Conference And Oral Argument On Motions To Dismiss And Motion To Compel Arbitration)(Kuljis, Andrew) (Filed on 4/22/2022) Modified on 4/25/2022 (anj, COURT STAFF).
April 22, 2022 Opinion or Order Reset Hearings as to #32 MOTION to Compel Individual Arbitration And Stay Proceedings, #33 MOTION to Dismiss First Amended Complaint, #34 MOTION to Dismiss First Amended Complaint, See Docket No. #56 : Motion Hearings and Initial Case Management Conference set for 5/19/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndr, COURT STAFF) (Filed on 4/22/2022)
April 15, 2022 Opinion or Order Filing 54 ORDER by Judge Haywood S. Gilliam, Jr. Denying #50 Administrative Motion for Leave to File Surreplies re State Defs' Motion to Dismiss and Kaiser Defs' Motion to Compel Arbitration.(ndr, COURT STAFF) (Filed on 4/15/2022)
April 15, 2022 Opinion or Order Filing 53 CLERK'S NOTICE RE DOCKET NOS. #32 , #33 , #34 and 48 . Notice is hereby given that the case management conference and the hearings on the motions set for May 12, 2022 will be held in-person before Judge Haywood S. Gilliam, Jr. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/15/2022)
April 15, 2022 Opinion or Order Filing 52 CLERK'S NOTICE TO COUNSEL RE DOCKET NO. #50 . The Judge's name is Haywood S. Gilliam, Jr. In the future, the signature line of all proposed orders submitted should include Jr. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/15/2022)
April 14, 2022 Opinion or Order Filing 51 Certificate of Interested Entities by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith identifying Corporate Parent California Foundation for Independent Living Centers for California Foundation for Independent Living Centers. (Center, Claudia) (Filed on 4/14/2022)
April 14, 2022 Opinion or Order Filing 50 ADMINISTRATIVE MOTION for Leave to File Surreplies re State Defs' Motion to Dismiss and Kaiser Defs' Motion to Compel Arbitration filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. Responses due by 4/18/2022. (Attachments: #1 Proposed Order)(Center, Claudia) (Filed on 4/14/2022) Modified on 4/15/2022 (bns, COURT STAFF).
April 13, 2022 Opinion or Order Filing 49 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kuljis, Andrew) (Filed on 4/13/2022)
April 13, 2022 Opinion or Order Filing 48 CLERK'S NOTICE. Notice is hereby given that the initial case management and the hearings on the ( #32 , #33 , and #34 ) motions, previously set for April 28, 2022, are continued to May 12, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 4/13/2022)
April 7, 2022 Opinion or Order Filing 47 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Sondheimer, Joshua) (Filed on 4/7/2022)
April 7, 2022 Opinion or Order Filing 46 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kuljis, Andrew) (Filed on 4/7/2022)
April 7, 2022 Opinion or Order Filing 45 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Myers, Carly) (Filed on 4/7/2022)
April 7, 2022 Opinion or Order Filing 44 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Myers, Carly) (Filed on 4/7/2022)
April 7, 2022 Opinion or Order Filing 43 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Myers, Carly) (Filed on 4/7/2022)
March 25, 2022 Opinion or Order Filing 42 REPLY (re #34 MOTION to Dismiss First Amended Complaint ) CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE AND DIRECTOR WATANABES REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS FIRST AMENDED COMPLAINT filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE. (Sondheimer, Joshua) (Filed on 3/25/2022) Modified on 3/28/2022 (anj, COURT STAFF).
March 25, 2022 Opinion or Order Filing 41 REPLY (re #32 MOTION to Compel Individual Arbitration And Stay Proceedings ) Defendant Kaiser Foundation Health Plan, Inc.s Reply In Support Of Motion To Compel Arbitration filed by Kaiser Foundation Health Plan, Inc.. (Kuljis, Andrew) (Filed on 3/25/2022) Modified on 3/28/2022 (anj, COURT STAFF).
March 25, 2022 Opinion or Order Filing 40 REPLY (re #33 MOTION to Dismiss First Amended Complaint ) Defendant Kaiser Foundation Health Plan, Inc.s Reply Brief In Support Of Motion To Dismiss filed by Kaiser Foundation Health Plan, Inc.. (Kuljis, Andrew) (Filed on 3/25/2022) Modified on 3/28/2022 (anj, COURT STAFF).
March 24, 2022 Opinion or Order Filing 39 CLERK'S NOTICE RE DOCKET NOS. #32 , #33 AND #34 . Notice is hereby given that the case management conference and the hearings on the motions set for April 28, 2022 will be held in-person before Judge Haywood S. Gilliam, Jr. in Oakland, Courtroom 2, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndr, COURT STAFF) (Filed on 3/24/2022) Modified on 3/25/2022 to make no. plural (ndr, COURT STAFF).
March 4, 2022 Opinion or Order Filing 38 OPPOSITION/RESPONSE to Def Kaiser's Motion to Dismiss (re #33 MOTION to Dismiss First Amended Complaint ) filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Attachments: #1 Declaration Declaration of Christina Mills in Opposition to Def Kaiser's Motion to Dismiss)(Nunez, Michael) (Filed on 3/4/2022) Modified on 3/7/2022 (jml, COURT STAFF).
March 4, 2022 Opinion or Order Filing 37 OPPOSITION/RESPONSE to Def Kaiser Foundation Health Plan Inc's Motion to Compel Individual Arbitration and Stay Proceedings (re #32 MOTION to Compel Individual Arbitration And Stay Proceedings ) filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Myers, Carly) (Filed on 3/4/2022) Modified on 3/7/2022 (jml, COURT STAFF).
March 4, 2022 Opinion or Order Filing 36 OPPOSITION/RESPONSE to Motion of Defendants Watanabe and California Department of Managed Health Care to Dismiss First Amended Complaint (re #34 MOTION to Dismiss First Amended Complaint ) filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Center, Claudia) (Filed on 3/4/2022) Modified on 3/7/2022 (jml, COURT STAFF).
March 4, 2022 Opinion or Order Filing 35 Request for Judicial Notice IN SUPPORT OF OPPOSITION TO DEFENDANT DMHC AND DIRECTOR WATANABE'S MOTION TO DISMISS AND DEFENDANT KAISER FOUNDATION HEALTH PLAN INC.'S MOTIONS TO COMPEL ARBITRATION AND TO DISMISS re #34 MOTION to Dismiss First Amended Complaint, #32 MOTION to Compel Individual Arbitration And Stay Proceedings, #33 MOTION to Dismiss First Amended Complaint filed by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20)(Related document(s) #34 , #32 , #33 ) (Galvan, Ernest) (Filed on 3/4/2022) Modified on 3/7/2022 (jml, COURT STAFF).
February 4, 2022 Opinion or Order Filing 34 MOTION to Dismiss First Amended Complaint filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Mary Watanabe. Motion Hearing set for 4/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/4/2022. Replies due by 3/25/2022. (Attachments: #1 Request for Judicial Notice, #2 Declaration Declaration of Sarah Ream, #3 Proposed Order Proposed Order Granting Motion to Dismiss)(Sondheimer, Joshua) (Filed on 2/4/2022)
February 4, 2022 Opinion or Order Filing 33 MOTION to Dismiss First Amended Complaint filed by Kaiser Foundation Health Plan, Inc.. Motion Hearing set for 4/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/4/2022. Replies due by 3/25/2022. (Attachments: #1 Defendant Kaiser Foundation Health Plan, Inc.s Brief In Support Of Motion To Dismiss, #2 Defendant Kaiser Foundation Health Plan, Inc.s Request For Judicial Notice In Support Of Motion To Dismiss, #3 Declaration Of Alexander Kuljis In Support Of Kaiser Foundation Health Plan, Inc.s Motion To Dismiss First Amended Complaint, #4 [Proposed] Order Granting Defendant Kaiser Foundation Health Plan, Inc.s Motion To Dismiss Plaintiffs First Amended Complaint)(Kuljis, Andrew) (Filed on 2/4/2022)
February 4, 2022 Opinion or Order Filing 32 MOTION to Compel Individual Arbitration And Stay Proceedings filed by Kaiser Foundation Health Plan, Inc.. Motion Hearing set for 4/28/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 3/4/2022. Replies due by 3/25/2022. (Attachments: #1 Defendant Kaiser Foundation Health Plan, Inc.s Memorandum Of Points And Authorities In Support Of Its Motion To Compel Individual Arbitration And Stay Proceedings, #2 Declaration Of Deborah Espinal In Support Of Kaiser Foundation Health Plan, Inc.s Motion To Compel Arbitration And Motion To Dismiss, #3 Declaration Of Alexander Kuljis In Support Of Kaiser Foundation Health Plan, Inc.s Motion To Compel Arbitration, #4 [Proposed] Order Granting Defendant Kaiser Foundation Health Plan, Inc.s Motion To Compel Individual Arbitration)(Kuljis, Andrew) (Filed on 2/4/2022)
January 21, 2022 Opinion or Order Filing 31 ORDER by Judge Haywood S. Gilliam, Jr. re Docket No. #29 . The Court SETS the following briefing and motion hearing schedule: As stipulated, Defendants shall file their intended motions to dismiss by February 4, 2022. Plaintiffs shall file their oppositions to Defendants' motions by March 4, 2022. Defendants shall file any replies in support of their motions by March 25, 2022. The hearing on Defendants' motions to dismiss will be scheduled for Thursday, April 28, 2022 at 2:00 p.m. The initial Case Management Conference currently set for Tuesday, February 22, 2022, at 2:00 p.m., is CONTINUED to April 28, 2022, at 2:00 p.m., to be heard concurrently with the motion hearing, and all associated deadlines are moved accordingly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2, COURT STAFF) (Filed on 1/21/2022)
January 20, 2022 Opinion or Order Filing 30 STIPULATION to Extend Time to Respond to Complaint filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE. (Sondheimer, Joshua) (Filed on 1/20/2022)
January 20, 2022 Opinion or Order Filing 29 STIPULATION WITH PROPOSED ORDER FOR ORDER SETTING BRIEFING SCHEDULE RE DEFENDANTS RESPONSE TO FIRST AMENDED COMPLAINT AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE. (Attachments: #1 Proposed Order)(Sondheimer, Joshua) (Filed on 1/20/2022)
January 19, 2022 Opinion or Order Filing 28 NOTICE of Substitution of Counsel by Joshua Nathan Sondheimer (Sondheimer, Joshua) (Filed on 1/19/2022)
December 24, 2021 Opinion or Order Filing 27 CERTIFICATE OF SERVICE by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith (Nunez, Michael) (Filed on 12/24/2021)
December 20, 2021 Opinion or Order Filing 26 ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #25 Stipulation EQUEST FOR ORDER TO EXTEND TIME FOR INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES. Initial Case Management Conference set for 2/22/2022 02:00 PM in Oakland, Courtroom 2, 4th Floor. (ndr, COURT STAFF) (Filed on 12/20/2021)
December 20, 2021 Opinion or Order Filing 25 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST FOR ORDER TO EXTEND TIME FOR INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER filed by CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Mary Watanabe. (Attachments: #1 Proposed Order Proposed Order)(Stanton, Hadara) (Filed on 12/20/2021)
December 16, 2021 Opinion or Order Filing 24 Summons Issued as to KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION. (bns, COURT STAFF) (Filed on 12/16/2021)
December 15, 2021 Opinion or Order Filing 23 Proposed Summons. (Nunez, Michael) (Filed on 12/15/2021)
December 2, 2021 Opinion or Order Filing 22 NOTICE of Appearance by Hadara Rachel Stanton (Stanton, Hadara) (Filed on 12/2/2021) Modified on 12/3/2021 (bns, COURT STAFF).
November 30, 2021 Opinion or Order Filing 21 NOTICE of Appearance by John T. Brooks (Brooks, John) (Filed on 11/30/2021)
November 30, 2021 Opinion or Order Filing 20 NOTICE of Appearance by Andrew Alexander Kuljis (Kuljis, Andrew) (Filed on 11/30/2021)
November 30, 2021 Opinion or Order #Electronic filing error. NOTICE TO COUNSEL: Counsels John T Brooks and A. Alexander Kuljis must file their own Notice of Appearance using their own ECF Profile to appear on the d ocket. Re: #17 Notice of Appearance filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc., #16 Notice of Appearance filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc. (bns, COURT STAFF) (Filed on 11/30/2021)
November 29, 2021 Opinion or Order Filing 19 Certificate of Interested Entities by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc. (Keshavarzi, Moe) (Filed on 11/29/2021)
November 29, 2021 Opinion or Order Filing 18 STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSE TO FIRST AMENDED COMPLAINT filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc., Mary Watanabe, California Department of Managed Health Care, California Foundation for Independent Living Centers, Russel Rawlings and Grace Smith. (Keshavarzi, Moe) (Filed on 11/29/2021) Modified on 11/30/2021 (bns, COURT STAFF).
November 29, 2021 Opinion or Order Filing 17 NOTICE of Appearance by Moe Keshavarzi For A. Alexander Kuljis (Keshavarzi, Moe) (Filed on 11/29/2021)
November 29, 2021 Opinion or Order Filing 16 NOTICE of Appearance by Moe Keshavarzi for John T. Brooks (Keshavarzi, Moe) (Filed on 11/29/2021)
November 29, 2021 Opinion or Order Filing 15 NOTICE of Appearance by Moe Keshavarzi (Keshavarzi, Moe) (Filed on 11/29/2021)
November 26, 2021 Opinion or Order #Electronic filing error. Each attorney of record must file their own notice of appearance. [err102] This filing will not be processed by the clerks office.Please re-file in its e ntirety. Re: #14 Notice of Appearance, filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc. (cjl, COURT STAFF) (Filed on 11/26/2021)
November 26, 2021 Opinion or Order #Electronic filing error. Incorrect event used. [err101] CERTIFICATION OF INTERESTEDENTITIES OR PERSONS must be filed separately. This filing will not be processed by the clerks o ffice. Please re-file in its entirety. Re: #14 -1 Notice of Appearance, filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc. (cjl, COURT STAFF) (Filed on 11/26/2021)
November 26, 2021 Opinion or Order #Electronic filing error. Incorrect event used. [err101] STIPULATION FOR EXTENSION OFTIME TO FILE RESPONSE TO FIRST AMENDED COMPLAINT must be filed separately. This filing will n ot be processed by the clerks office. Please re-file in its entirety. Re: #14 -2 Notice of Appearance, filed by KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION, Kaiser Foundation Health Plan, Inc. (cjl, COURT STAFF) (Filed on 11/26/2021)
November 24, 2021 Opinion or Order Filing 14 NOTICE of Appearance by Moe Keshavarzi (Attachments: #1 Defendants Kaiser Foundation Health Plan, Inc.s And Kaiser Foundation Health Plan Northern California Regions Certification Of Interested Entities Or Persons, #2 Stipulation For Extension Of Time To File Response To First Amended Complaint)(Keshavarzi, Moe) (Filed on 11/24/2021)
November 24, 2021 Opinion or Order Filing 13 CLERK'S NOTICE RE DOCKET NO. 7 . Notice is hereby given that the case management conference set for January 11, 2022 will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 11/24/2021)
November 19, 2021 Opinion or Order Filing 12 AMENDED COMPLAINT against CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Kaiser Foundation Health Plan, Inc., Mary Watanabe. Filed byGrace Smith, California Foundation for Independent Living Centers, Russell Rawlings. (Myers, Carly) (Filed on 11/19/2021)
November 3, 2021 Opinion or Order Filing 11 CERTIFICATE OF SERVICE by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith (Nunez, Michael) (Filed on 11/3/2021)
November 3, 2021 Opinion or Order Filing 10 CERTIFICATE OF SERVICE by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith (Nunez, Michael) (Filed on 11/3/2021)
October 28, 2021 Opinion or Order Filing 9 Summons Issued as to CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE, Mary Watanabe. (bns, COURT STAFF) (Filed on 10/28/2021)
October 27, 2021 Opinion or Order Filing 8 Proposed Summons. (Nunez, Michael) (Filed on 10/27/2021)
October 19, 2021 Opinion or Order Filing 7 CLERK'S NOTICE. SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for January 11, 2022, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Case Management Statement due by January 4th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-07872-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 10/19/2021)
October 19, 2021 Opinion or Order Filing 6 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by The Clerk on 10/19/21. (haS, COURT STAFF) (Filed on 10/19/2021)
October 18, 2021 Opinion or Order Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 10/18/2021)
October 18, 2021 Opinion or Order Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Foundation for Independent Living Centers, Russell Rawlings, Grace Smith.. (Nunez, Michael) (Filed on 10/18/2021)
October 8, 2021 Opinion or Order Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/30/2021. Initial Case Management Conference set for 1/6/2022 11:00 AM. (bnsS, COURT STAFF) (Filed on 10/8/2021)
October 7, 2021 Opinion or Order Filing 2 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/21/2021. (anjS, COURT STAFF) (Filed on 10/7/2021)
October 7, 2021 Opinion or Order Filing 1 COMPLAINT (no process) against All Defendants ( Filing fee $ 402, receipt number 0971-16475036.). Filed byGrace Smith, California Foundation for Independent Living Centers, Russell Rawlings. (Attachments: #1 Civil Cover Sheet)(Galvan, Ernest) (Filed on 10/7/2021) Modified on 10/8/2021 (bnsS, COURT STAFF).

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Search for this case: Smith et al v. Watanabe et al
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Plaintiff: Grace Smith
Represented By: Ernest James Galvan
Represented By: Carly Alexis Myers
Represented By: Claudia Center
Represented By: Michael S. Nunez
Represented By: Silvia Yee
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Plaintiff: Russell Rawlings
Represented By: Ernest James Galvan
Represented By: Michael S. Nunez
Represented By: Carly Alexis Myers
Represented By: Claudia Center
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Plaintiff: California Foundation for Independent Living Centers
Represented By: Ernest James Galvan
Represented By: Michael S. Nunez
Represented By: Carly Alexis Myers
Represented By: Claudia Center
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Defendant: Mary Watanabe
Represented By: Carly Alexis Myers
Represented By: Claudia Center
Represented By: Michael S. Nunez
Represented By: Silvia Yee
Represented By: Ernest James Galvan
Represented By: Hadara Rachel Stanton
Represented By: Joshua Nathan Sondheimer
Represented By: Dane Christian Barca
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Defendant: CALIFORNIA DEPARTMENT OF MANAGED HEALTH CARE
Represented By: Hadara Rachel Stanton
Represented By: Joshua Nathan Sondheimer
Represented By: Dane Christian Barca
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Defendant: Kaiser Foundation Health Plan, Inc.
Represented By: Moe Keshavarzi
Represented By: Andrew Alexander Kuljis
Represented By: John T. Brooks
Represented By: Mohammad Keshavarzi
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Defendant: KAISER FOUNDATION HEALTH PLAN NORTHERN CALIFORNIA REGION
Represented By: Moe Keshavarzi
Represented By: Andrew Alexander Kuljis
Represented By: John T. Brooks
Represented By: Mohammad Keshavarzi
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Defendant: California Health and Human Services Agency
Represented By: Joshua Nathan Sondheimer
Represented By: Dane Christian Barca
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