Lew v. Medical Eye Services, Inc. et al
| Patrick Lew |
| Medical Eye Services, Inc. and California Physicians' Service doing business as Blue Shield of California |
| 4:2024cv00532 |
| January 29, 2024 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Kandis A Westmore |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on March 25, 2024. A more recent docket listing may be available from PACER.
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Filing 24
ORDER STAYING ACTION PENDING JPML ACTION re #7 MOTION to Remand to Alameda County Superior Court filed by Patrick Lew, #21 Opposition/Response to Motion filed by Medical Eye Services, Inc. Signed by Judge Jon S. Tigar on March 25, 2024. (mll, COURT STAFF) (Filed on 3/25/2024)
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| Filing 23 CLERK'S NOTICE VACATING MOTION HEARING. Before the Court is the Motion to Remand to Alameda County Superior Court. ECF No. #7 . Pursuant to Federal Rule of Civil Procedure 78(b) and Civil Local Rule 7-1(b), the Court finds the matter suitable for disposition without oral argument. The hearing on this matter, currently scheduled for, April 4, 2024 is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mll, COURT STAFF) (Filed on 3/22/2024) |
| Filing 22 REPLY (re #7 MOTION to Remand to Alameda County Superior Court ) filed byPatrick Lew. (Attachments: #1 Declaration of Adam E. Polk in Support of Reply)(Polk, Adam) (Filed on 3/12/2024) |
| Filing 21 Memorandum in Opposition (re #7 MOTION to Remand to Alameda County Superior Court ) filed by Medical Eye Services, Inc.. (Attachments: #1 Declaration)(Cutts, Kyle) (Filed on 3/5/2024) Modified on 3/6/2024 (anj, COURT STAFF). |
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Filing 20
ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO REMAND re #7 MOTION to Remand to Alameda County Superior Court filed by Patrick Lew, Set/Reset Deadlines as to #7 MOTION to Remand to Alameda County Superior Court, #19 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand., Motions terminated: #19 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand filed by Patrick Lew, Medical Eye Services, Inc., California Physicians' Service. Responses due by 3/5/2024. Replies due by 3/12/2024. Motion Hearing set for 4/4/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar.. Signed by Judge Jon S. Tigar on March 1, 2024. (mll, COURT STAFF) (Filed on 3/1/2024)
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| Filing 19 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Plaintiff's Motion to Remand filed by Medical Eye Services, Inc., Patrick Lew and California Physicians' Service. (Attachments: #1 Proposed Order)(Cutts, Kyle) (Filed on 2/28/2024) Modified on 2/29/2024 (anj, COURT STAFF). |
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Filing 18
ORDER RE: JOINT STIPULATION TO MODIFY BRIEFING SCHEDULE ON PLAINTIFF'S MOTION TO REMAND by Judge Jon S. Tigar granting #17 Stipulation. Replies due by 3/7/2024. Responses due by 2/29/2024.(mll, COURT STAFF) (Filed on 2/9/2024)
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| Filing 17 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule re #7 MOTION to Remand to Alameda County Superior Court filed by Medical Eye Services, Inc., California Physicians' Service d/b/a Blue Shield of California, Patrick Lew (Attachments: #1 Proposed Order)(Cutts, Kyle) (Filed on 2/9/2024) Modified on 2/12/2024 (kmm2, COURT STAFF). |
| Filing 16 Corporate Disclosure Statement and Certification of Interested Entities or Persons by California Physicians' Service (Dailey, Michael) (Filed on 2/7/2024) Modified on 2/8/2024 (kmm2, COURT STAFF). |
| Filing 15 NOTICE of Appearance by Michael J. Dailey (Dailey, Michael) (Filed on 2/7/2024) |
| Filing 14 NOTICE of Appearance by Craig J. Mariam (Mariam, Craig) (Filed on 2/7/2024) |
| Filing 13 CLERKS NOTICE SETTING ZOOM HEARING. Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 3/21/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. 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/jst 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 combined list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than March 20, 2024 by 2:00 p.m. for the Motion hearing and April 29, 2024 by 2:00 p.m. for the CMC.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/., Set/Reset Deadlines as to #7 MOTION to Remand to Alameda County Superior Court. Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 02:00 PM in Oakland, - Videoconference Only. Motion Hearing set for 3/21/2024 02:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (mll, COURT STAFF) (Filed on 2/5/2024) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Kandis A. Westmore 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 2/5/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 2/5/2024)
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| Filing 11 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. (kc, COURT STAFF) (Filed on 2/2/2024) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Medical Eye Services, Inc... (Cutts, Kyle) (Filed on 2/2/2024) |
| Filing 9 NOTICE of Appearance by Cole Limbach (Limbach, Cole) (Filed on 2/1/2024) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patrick Lew.. (Polk, Adam) (Filed on 2/1/2024) |
| Filing 7 MOTION to Remand to Alameda County Superior Court filed by Patrick Lew. Motion Hearing set for 3/21/2024 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 2/15/2024. Replies due by 2/22/2024. (Attachments: #1 Declaration of Adam E. Polk, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Polk, Adam) (Filed on 2/1/2024) |
| Filing 6 Stipulation for Extension of Time to Respond to Plaintiff's Class Action Complaint filed by Medical Eye Services, Inc., Patrick Lew, California Physicians' Service (Cutts, Kyle) (Filed on 2/1/2024) Modified on 2/1/2024 (kc, COURT STAFF). Modified on 2/2/2024 (kmm2, COURT STAFF). |
| #Electronic filing error. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary re: #6 MOTION for Extension of Time to File Answer filed by Medical Eye Services, Inc. ***Correct Event is Stipulation without Proposed Order.*** (kc, COURT STAFF) (Filed on 2/1/2024) |
| Filing 5 CERTIFICATE OF SERVICE by Medical Eye Services, Inc. Re Initial Pleadings (Ahmadian, Kamran) (Filed on 1/30/2024) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/23/2024. Initial Case Management Conference set for 4/30/2024 01:30 PM in Oakland, - To be determined. (anj, COURT STAFF) (Filed on 1/30/2024)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 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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 2/12/2024. (anj, COURT STAFF) (Filed on 1/29/2024) |
| Filing 2 Corporate Disclosure Statement by Medical Eye Services, Inc. identifying Corporate Parent EssilorLuxottica S.A., Corporate Parent EssilorLuxottica USA Inc. for Medical Eye Services, Inc.. (Cutts, Kyle) (Filed on 1/29/2024) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of Alameda. Their case number is 23CV057175. (Filing fee $405 receipt number ACANDC-19068249). Filed by Medical Eye Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Ahmadian, Kamran) (Filed on 1/29/2024) Modified on 1/30/2024 (anj, COURT STAFF). |
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