California Spine and Neurosurgery Institute v. United Healthcare Insurance Company, et al
Plaintiff: California Spine And Neurosurgery Institute
Defendant: Apple, Inc. and United Healthcare Insurance Company
Case Number: 5:2019cv02417
Filed: May 3, 2019
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Lucy H Koh
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2020 ***Set/Reset Hearings per #63 AMENDED Case Management Order:Further Case Management Conference set for November 18, 2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Hearing on Dispositive Motions set for January 28, 2021 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Final Pretrial Conference set for March 25, 2021 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Jury Trial set for April 19, 2021 at 9:00 AM each day in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 8/7/2020)
August 6, 2020 Opinion or Order Filing 63 Amended Case Management Order. Signed by Judge Lucy H. Koh on 08/06/2020. (lhklc4, COURT STAFF) (Filed on 8/6/2020)
August 5, 2020 Filing 62 JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by California Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 8/5/2020)
April 6, 2020 Opinion or Order Filing 61 ORDER by Judge Lucy H. Koh Denying as Moot #56 Motion to Appear by Telephone and #57 Motion to Appear by Telephone in light of #60 Amended Case Management Order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 4/6/2020)
April 6, 2020 ***Set/Reset Hearings per #60 Amended Case Management Order:Further Case Management Conference set for August 12, 2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Hearing on Dispositive Motions set for September 24, 2020 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Final Pretrial Conference set for November 19, 2020 at 1:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Jury Trial (4 days) set for December 7, 2020 at 9:00 AM each day in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 4/6/2020)
April 3, 2020 Opinion or Order Filing 60 Amended Case Management Order. Signed by Judge Lucy H. Koh on 04/03/2020. (lhklc4S, COURT STAFF) (Filed on 4/3/2020)
April 2, 2020 Opinion or Order Filing 59 Order Proposing Amended Case Schedule. Signed by Judge Lucy H. Koh on 04/02/2020. (lhklc4S, COURT STAFF) (Filed on 4/2/2020)
April 1, 2020 Filing 58 CASE MANAGEMENT STATEMENT filed by United Healthcare Insurance Company. (Ernster, Shannon) (Filed on 4/1/2020)
April 1, 2020 Filing 57 MOTION to Appear by Telephone at the April 8, 2020 Case Management Conference filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order Granting Motion to Appear by Telephone)(Ernster, Shannon) (Filed on 4/1/2020)
April 1, 2020 Filing 56 MOTION to Appear by Telephone for Case Management Conference filed by California Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 4/1/2020)
March 30, 2020 Filing 55 ANSWER to Counterclaim byCalifornia Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 3/30/2020)
March 30, 2020 Filing 54 STIPULATION TO ACCEPT ELECTRONIC SERVICE filed by California Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 3/30/2020)
March 11, 2020 Opinion or Order Filing 53 Order by Judge Lucy H. Koh Granting #52 Stipulation.(lhklc4S, COURT STAFF) (Filed on 3/11/2020)
March 10, 2020 Filing 52 STIPULATION WITH PROPOSED ORDER To Extend Date Set For Close of Fact Discovery filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order Granting Request to Extend Date Set for Close of Fact Discovery)(Ernster, Shannon) (Filed on 3/10/2020)
March 9, 2020 Filing 51 COUNTERCLAIM against California Spine And Neurosurgery Institute. Filed byUnited Healthcare Insurance Company. (Ernster, Shannon) (Filed on 3/9/2020)
March 9, 2020 Filing 50 Answer to Amended Complaint byUnited Healthcare Insurance Company. (Ernster, Shannon) (Filed on 3/9/2020)
February 24, 2020 Opinion or Order Filing 49 Order by Judge Lucy H. Koh Granting #31 Motion to Dismiss Quantum Meruit Claim With Prejudice.(lhklc4S, COURT STAFF) (Filed on 2/24/2020)
February 24, 2020 Filing 48 **CLERK'S NOTICE** VACATING February 27, 2020 Hearing on #31 MOTION to Dismiss. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 2/24/2020)
January 22, 2020 Filing 47 Brief re #44 Case Management Scheduling Order Joint Post Mediation Brief filed byCalifornia Spine And Neurosurgery Institute. (Related document(s) #44 ) (Garcia, Geraldine) (Filed on 1/22/2020)
December 23, 2019 Opinion or Order Filing 46 Order by Judge Lucy H. Koh Denying #45 Motion to Appear by Telephone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhklc4, COURT STAFF) (Filed on 12/23/2019)
December 20, 2019 Filing 45 MOTION to Appear by Telephone DEFENDANT UNITEDHEALTHCARE INSURANCE COMPANY'S REQUEST FOR LEAVE FOR RYAN C. WONG TO APPEAR TELEPHONICALLY OR VIA VIDEO CONFERENCE AT MEDIATION filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order)(Hill, Courtney) (Filed on 12/20/2019)
December 4, 2019 Opinion or Order Filing 44 Case Management Order. Signed by Judge Lucy H. Koh on 12/04/2019. (lhklc4, COURT STAFF) (Filed on 12/4/2019)
December 4, 2019 Filing 43 Minute Entry for proceedings held before Judge Lucy H. Koh: Further Case Management Conference held on 12/4/2019 from 2:02 PM - 2:23 PM (21 minutes). A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the Conference. Further Case Management Conference set for 4/8/2020 at 2:00 PM in San Jose, Courtroom 8, 4th Floor. Case Management Statement due by 4/1/2020. Total Time in Court: 21 minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Geraldine Garcia. Defendant Attorney: Shannon Ernster. For transcript orders, please visit https://cand.uscourts.gov/transcripts (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Date Filed: 12/4/2019)
December 2, 2019 Opinion or Order Filing 42 Order by Judge Lucy H. Koh Denying #38 Motion to Appear by Telephone and Denying #39 Motion to Appear by Telephone. (lhklc4, COURT STAFF) (Filed on 12/2/2019)
December 2, 2019 Filing 41 JOINT CASE MANAGEMENT STATEMENT filed by United Healthcare Insurance Company. (Ernster, Shannon) (Filed on 12/2/2019)
December 2, 2019 Opinion or Order Filing 40 Order to File Joint Case Management Statement. Signed by Judge Lucy H. Koh on 12/02/2019. (lhklc4, COURT STAFF) (Filed on 12/2/2019)
November 27, 2019 Filing 39 First MOTION to Appear by Telephone at 12/04/19 Case Management Conference filed by California Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 11/27/2019)
November 27, 2019 Filing 38 MOTION to Appear by Telephone DEFENDANT UNITEDHEALTHCARE INSURANCE COMPANY'S MOTION FOR LEAVE TO APPEAR TELEPHONICALLY AT CONTINUED CASE MANAGEMENT CONFERENCE filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order)(Ernster, Shannon) (Filed on 11/27/2019)
November 22, 2019 Filing 37 STIPULATION WITH PROPOSED ORDER To Continue Deadline to Complete Private Mediation filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order Granting Stipulation to Continue Deadline to Complete Private Mediation)(Ernster, Shannon) (Filed on 11/22/2019)
November 21, 2019 Filing 36 REPLY (re #31 MOTION to Dismiss Plaintiff's Third Cause of Action in the Second Amended Complaint ) filed byUnited Healthcare Insurance Company. (Ernster, Shannon) (Filed on 11/21/2019)
November 14, 2019 Filing 35 OPPOSITION/RESPONSE (re #31 MOTION to Dismiss Plaintiff's Third Cause of Action in the Second Amended Complaint ) Memorandum of Points and Authorities filed byCalifornia Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 11/14/2019)
November 12, 2019 Opinion or Order Filing 34 STIPULATED PROTECTIVE ORDER FOR STANDARD LITIGATION. Signed by Judge Nathanael Cousins on 11/12/2019. (lmh, COURT STAFF) (Filed on 11/12/2019)
November 11, 2019 Filing 33 STIPULATION WITH PROPOSED ORDER For Standard Litigation filed by United Healthcare Insurance Company. (Ernster, Shannon) (Filed on 11/11/2019)
October 31, 2019 Filing 32 Renotice motion hearing re #31 MOTION to Dismiss Plaintiff's Third Cause of Action in the Second Amended Complaint Memorandum of P's and A's ISO Motion to Dismiss Third Cause of Action in Plaintiff's Second Amended Complaint filed byUnited Healthcare Insurance Company. (Related document(s) #31 ) (Ernster, Shannon) (Filed on 10/31/2019)
October 31, 2019 Filing 31 MOTION to Dismiss Plaintiff's Third Cause of Action in the Second Amended Complaint filed by United Healthcare Insurance Company. Motion Hearing set for 2/27/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 11/14/2019. Replies due by 11/21/2019. (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Ernster, Shannon) (Filed on 10/31/2019)
October 17, 2019 Filing 30 SECOND AMENDED COMPLAINT by California Spine And Neurosurgery Institute. Amendment to #29 Order Second Amended Complaint for Damages. (Garcia, Geraldine) (Filed on 10/17/2019) Modified text to conform with title of document on 10/18/2019 (sfbS, COURT STAFF).
September 18, 2019 Opinion or Order Filing 29 Order Regarding Amending the Complaint. Signed by Judge Lucy H. Koh on 9/18/2019. (lhklc4, COURT STAFF) (Filed on 9/18/2019)
September 17, 2019 Opinion or Order Filing 28 Order by Judge Lucy H. Koh Granting In Part and Denying In Part #13 Motion to Dismiss. (lhklc4, COURT STAFF) (Filed on 9/17/2019)
September 16, 2019 Filing 27 **CLERK'S NOTICE** VACATING September 19, 2019 Hearing on #13 Amended MOTION to Dismiss First Amended Complaint. Matter to be determined on the papers without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 9/16/2019)
August 26, 2019 Opinion or Order Filing 26 ORDER by Judge Lucy H. Koh Denying as Moot #23 Motion to Appear by Telephone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 8/26/2019)
August 5, 2019 Opinion or Order Filing 25 Case Management Order. Signed by Judge Lucy H. Koh on 8/5/2019. (lhklc4, COURT STAFF) (Filed on 8/5/2019)
August 5, 2019 Set/Reset Hearings pursuant to #25 CASE MANAGEMENT ORDER.Further Case Management Conference set for 12/4/2019 02:00 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Hearing on Dispositive Motions set for 7/23/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Final Pretrial Conference set for 9/24/2020 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Jury Trial set for 10/5/2020 09:00 AM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. (kedS, COURT STAFF) (Filed on 8/5/2019)
August 1, 2019 Opinion or Order Filing 24 Proposed Case Schedule; Order Referring Parties to Private Mediation. Signed by Judge Lucy H. Koh on 8/1/2019. (lhklc4, COURT STAFF) (Filed on 8/1/2019)
August 1, 2019 Filing 23 AMENDED MOTION to Appear by Telephone at Initial Case Management Conference by United Healthcare Insurance Company. Amendment to #21 MOTION to Appear by Telephone at Initial Case Management Conference . (Attachments: #1 Proposed Order Granting Defendant's Amended Motion to Appear Telephonically at CMC)(Ernster, Shannon) (Filed on 8/1/2019) Modified text on 8/2/2019 (dhmS, COURT STAFF).
July 31, 2019 Filing 22 CASE MANAGEMENT STATEMENT filed by United Healthcare Insurance Company. (Ernster, Shannon) (Filed on 7/31/2019)
July 31, 2019 Filing 21 MOTION to Appear by Telephone at Initial Case Management Conference filed by United Healthcare Insurance Company. (Attachments: #1 Proposed Order Granting Defendant's Motion to Appear Telephonically at CMC)(Ernster, Shannon) (Filed on 7/31/2019)
July 31, 2019 Filing 20 REPLY (re #13 Amended MOTION to Dismiss First Amended Complaint ) to Opposition to Motion to Dismiss filed byUnited Healthcare Insurance Company. (Hill, Courtney) (Filed on 7/31/2019)
July 17, 2019 Filing 19 OPPOSITION/RESPONSE (re #13 Amended MOTION to Dismiss First Amended Complaint ) filed byCalifornia Spine And Neurosurgery Institute. (Garcia, Geraldine) (Filed on 7/17/2019)
July 17, 2019 Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Parties and Counsel (Ernster, Shannon) (Filed on 7/17/2019)
May 21, 2019 Filing 17 NOTICE by United Healthcare Insurance Company Confirming Notification to State Court of Removal (Ernster, Shannon) (Filed on 5/21/2019)
May 21, 2019 Opinion or Order Filing 16 Order by Judge Lucy H. Koh Granting #15 Stipulation.(lhklc4, COURT STAFF) (Filed on 5/21/2019)
May 20, 2019 Filing 15 STIPULATION WITH PROPOSED ORDER re #7 MOTION to Dismiss Plaintiff's Complaint filed by California Spine And Neurosurgery Institute. (Attachments: #1 Proposed Order Granting Extension for Plaintiff's Time to File Opposition to Rule 12(b)(6) Motion)(Hapak, Christopher) (Filed on 5/20/2019)
May 20, 2019 Filing 14 NOTICE of Appearance by Christopher Joseph Hapak (Hapak, Christopher) (Filed on 5/20/2019)
May 16, 2019 Filing 13 Amended MOTION to Dismiss First Amended Complaint filed by United Healthcare Insurance Company. Motion Hearing set for 9/19/2019 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 5/30/2019. Replies due by 6/6/2019. (Hill, Courtney) (Filed on 5/16/2019)
May 16, 2019 Filing 12 **CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to Hon. Lucy H. Koh, an Initial Case Management Conference is set for August 7, 2019 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due 7 days prior. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.)(kedS, COURT STAFF) (Filed on 5/16/2019)
May 16, 2019 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 5/16/2019. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/16/2019)
May 15, 2019 Filing 10 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 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. (lmh, COURT STAFF) (Filed on 5/15/2019)
May 14, 2019 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United Healthcare Insurance Company.. (Ernster, Shannon) (Filed on 5/14/2019)
May 13, 2019 Filing 8 CLERK'S NOTICE REGARDING Consent or Declination: All parties shall file a consent or declination to proceed before a magistrate judge by 5/20/2019. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 5/13/2019)
May 10, 2019 Filing 7 MOTION to Dismiss Plaintiff's Complaint filed by United Healthcare Insurance Company. Motion Hearing set for 6/19/2019 01:30 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 5/24/2019. Replies due by 5/31/2019. (Attachments: #1 Memorandum of Points and Authorities ISO Motion to Dismiss, #2 Proposed Order Granting Defendant's Motion to Dismiss)(Hill, Courtney) (Filed on 5/10/2019) Modified on 5/21/2019 (kedS, COURT STAFF).
May 10, 2019 Filing 6 NOTICE by United Healthcare Insurance Company of Orders (Ernster, Shannon) (Filed on 5/10/2019)
May 6, 2019 Filing 5 CERTIFICATE OF SERVICE by United Healthcare Insurance Company re #1 Notice of Removal, #2 Certificate of Interested Entities, (Hill, Courtney) (Filed on 5/6/2019)
May 3, 2019 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/31/2019. Initial Case Management Conference set for 8/7/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 5/3/2019)
May 3, 2019 Filing 3 Case assigned to Judge Nathanael M. Cousins. 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 5/17/2019. (as, COURT STAFF) (Filed on 5/3/2019)
May 3, 2019 Filing 2 Certificate of Interested Entities by United Healthcare Insurance Company, a Connecticut for profit corporation identifying Other Affiliate UnitedHealth Group, Inc., a publicly traded company, Other Affiliate UHIC Holdings, Inc., a wholly owned subsidiary of United HealthCare Services, Inc. for United Healthcare Insurance Company, a Connecticut for profit corporation. (Hill, Courtney) (Filed on 5/3/2019)
May 3, 2019 Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 18CV340025. (Filing fee $400 receipt number 0971-13315223). Filed byUnited Healthcare Insurance Company, a Connecticut for profit corporation. (Attachments: #1 Declaration of Shannon Ernster ISO Removal, #2 Civil Cover Sheet)(Ernster, Shannon) (Filed on 5/3/2019)

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Defendant: Apple, Inc.
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Defendant: United Healthcare Insurance Company
Represented By: Courtney Culwell Hill
Represented By: Shannon Lissa Ernster
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Plaintiff: California Spine And Neurosurgery Institute
Represented By: Geraldine S Garcia
Represented By: Christopher Joseph Hapak
Represented By: Joy Stephenson-Laws
Represented By: Karlene Jasmine Rogers-Aberman
Represented By: Richard Alan Lovich
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