Harbour et al v. California Health & Wellness Plan et al
| John Harbour, Tami Wisnesky, Joweli Vunisa and J. Doe |
| California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net of California, Inc., Health Net Life Insurance Company, Accellion, Inc. and Centene Corporation |
| 5:2021cv03322 |
| May 4, 2021 |
| US District Court for the Northern District of California |
| Edward J Davila |
| Susan van Keulen |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 56
ORDER GRANTING #52 PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Edward J. Davila on 8/24/2023. (crr, COURT STAFF) (Filed on 8/24/2023)
|
|
Filing 55
Minute Entry for proceedings held before Judge Edward J. Davila: Motion Hearing held on 8/24/2023 re #52 Motion for Preliminary Approval of Class Action Settlement. The Court will grant the relief requested and grant preliminary approval of the settlement. Order to Issue. Final Settlement Hearing set for 01/11/2024 at 9:00 a.m.Total Time in Court: 28 min (9:05-9:33 AM). Court Reporter: Irene Rodriguez. Plaintiff Attorney: Tina Wolfson, Matthew George. Defendant Attorney: Nathanial Wood. (This is a text-only entry generated by the court. There is no document associated with this entry.) (crr, COURT STAFF) (Date Filed: 8/24/2023)
|
|
Filing 53
Class Action Settlement Agreement and Release re #52 MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement with Health Net filed by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky Health Net, LLC, Health Net of California, Inc., Health Net Life Insurance Company, Health Net Community Solutions, Inc., California Health & Wellness Plan, and Centene Corporation . (Attachments: #1 Exhibit A - Claim Form, #2 Exhibit B - Final Approval Order, #3 Exhibit C - Judgment, #4 Exhibit D - Long Form Notice, #5 Exhibit E - [Proposed] Order Granting Preliminary Approval of Class Action Settlement, #6 Exhibit F - Summary Notice)(Wolfson, Tina) (Filed on 6/23/2023) Modified on 6/26/2023 (anj, COURT STAFF). Modified on 8/24/2023 (crr, COURT STAFF).
|
|
Filing 52
MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement with Health Net filed by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky. Motion Hearing set for 8/24/2023 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 7/13/2023. Replies due by 7/20/2023. (Attachments: #1 Declaration of Tina Wolfson, #2 Declaration of Matthew B. George, #3 Declaration of Timothy G. Blood, #4 Declaration of Cameron R. Azari, #5 Declaration of Robert Siciliano, #6 Proposed Order)(Wolfson, Tina) (Filed on 6/23/2023)
|
|
Filing 54
CLERK'S NOTICE re Order Severing and Reopening Matter. (Attachments: #1 Order Severing and Reopening Case) (crr, COURT STAFF) (Filed on 6/15/2023)
|
|
Filing 51
CLERK'S NOTICE re Order Consolidating Cases (Attachments: #1 Order Consolidating Cases) (crr, COURT STAFF) (Filed on 3/23/2022)
|
|
Filing 50
NOTICE Of Notification of Proposed Settlement to Appropriate Federal and State Officials [with Related Declaration by California Health & Wellness Plan, Centene Corporation, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc. (Attachments: #1 Declaration of Stephanie J. Fiereck, Esq. on Implementation of CAFA Notice)(Morrison, Peter) (Filed on 12/16/2021) Modified on 12/16/2021 (bns, COURT STAFF).
|
|
Filing 49
STIPULATION WITH PROPOSED ORDER re #48 MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement Class Action Settlement Agreement and Release filed by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky. (Attachments: #1 Exhibit A - Claim Form, #2 Exhibit B - [Proposed] Final Order, #3 Exhibit C - Judgment, #4 Exhibit D - Long Form Notice, #5 Exhibit E - [Proposed] Order Granting Preliminary Approval of Class Action Settlement, #6 Exhibit F - Summary Notice)(Wolfson, Tina) (Filed on 12/3/2021)
|
|
Filing 48
MOTION for Settlement Motion for Preliminary Approval of Class Action Settlement filed by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky. Motion Hearing set for 4/14/2022 09:00 AM in San Jose, Courtroom 4, 5th Floor before Judge Edward J. Davila. Responses due by 12/17/2021. Replies due by 12/27/2021. (Attachments: #1 Declaration of Tina Wolfson, #2 Declaration of Timothy G. Blood, #3 Declaration of Matthew B. George, #4 Declaration of Cameron R. Azari, #5 Declaration of Robert Siciliano, #6 Proposed Order)(Wolfson, Tina) (Filed on 12/3/2021)
|
|
Filing 47
ADMINISTRATIVE MOTION for Leave to Exceed Page Limitations Pursuant to L.R. 7-11 filed by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky. Responses due by 12/6/2021. (Attachments: #1 Stipulation on Plaintiffs' Administrative Motion for Leave to Exceed Page Limitations Pursuant to L.R. 7-11, #2 Proposed Order)(Wolfson, Tina) (Filed on 12/1/2021)
|
|
Filing 46
ORDER Granting #41 Application for Admission of Attorney Pro Hac Vice for Andrew W. Ferich, Counsel for Plaintiffs John Harbour, Tami Wisnesky. Signed by Judge Edward J. Davila on 11/24/2021. (amk, COURT STAFF) (Filed on 11/24/2021)
|
|
Filing 45
Notice Re: Motion for Preliminary Approval by J. Doe, John Harbour, Joweli Vunisa, Tami Wisnesky. (Wolfson, Tina) (Filed on 11/24/2021) Modified on 11/26/2021 (cjl, COURT STAFF).
|
|
Filing 44
NOTICE of Appearance by Joel B. Strauss (Strauss, Joel) (Filed on 11/23/2021)
|
|
Filing 43
NOTICE of Appearance by Matthew B. George (George, Matthew) (Filed on 11/23/2021)
|
|
Filing 42
NOTICE of Appearance by Laurence D. King (King, Laurence) (Filed on 11/23/2021)
|
|
Filing 41
MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16655444.) filed by John Harbour, Tami Wisnesky. (Attachments: #1 Certificate of Good Standing)(Ferich, Andrew) (Filed on 11/23/2021)
|
|
Filing 40
First Amended Class Action Complaint with Jury Demand against Accellion, Inc., California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc., Centene Corporation. Filed by Tami Wisnesky, John Harbour, Joweli Vunisa, J. Doe. (Wolfson, Tina) (Filed on 11/23/2021) Modified on 11/24/2021 (bns, COURT STAFF).
|
|
Filing 39
Order granting #38 Stipulation. Signed by Judge Edward J. Davila on November 23, 2021.(ejdlc2, COURT STAFF) (Filed on 11/23/2021)
|
|
Filing 38
Stipulation and [Proposed] Order Granting Leave to File First Amended Complaint re #1 Complaint, filed by John Harbour, Tami Wisnesky, Accellion Inc., California Health and Wellness Plan, Health New Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company and Health Net of California, Inc.. (Attachments: #1 Exhibit A - First Amended Class Action Complaint, #2 Exhibit B - [Redlined] First Amended Class Action Complaint)(Wolfson, Tina) (Filed on 11/22/2021) Modified on 11/23/2021 (bns, COURT STAFF).
|
|
Filing 37
Notice of Settlement by John Harbour, Tami Wisnesky(Wolfson, Tina) (Filed on 10/29/2021) Modified on 11/1/2021 (bns, COURT STAFF).
|
|
Filing 36
NOTICE by Accellion, Inc. (Notice of Related Case Pursuant to California Rule of Court 3.300) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Blunschi, Melanie) (Filed on 8/23/2021)
|
|
Case Management Conference VACATED to be reset per #35 Order Granting 34 Stipulation Regarding Initial Case Management Conference *AS MODIFIED*. (tshS, COURT STAFF) (Filed on 7/20/2021)
|
|
Filing 35
Order Granting #34 Stipulation Regarding Initial Case Management Conference *AS MODIFIED*. Signed by Judge Edward J. Davila on 07/16/2021. (ejdlc2S, COURT STAFF) (Filed on 7/16/2021)
|
|
Filing 34
STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order Regarding Initial Case Management Conference filed by Accellion, Inc.. (Blunschi, Melanie) (Filed on 7/15/2021)
|
|
Filing 33
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Wolfson, Tina) (Filed on 7/8/2021)
|
|
Filing 32
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Accellion, Inc. (Blunschi, Melanie) (Filed on 7/8/2021)
|
|
Filing 31
Order Granting #30 Stipulation to Toll Deadlines to Respond to Complaint. Signed by Judge Edward J. Davila on 06/07/2021. (ejdlc2S, COURT STAFF) (Filed on 6/7/2021)
|
|
Filing 30
STIPULATION WITH PROPOSED ORDER to Toll Deadlines to Respond to Class Plaintiffs' Complaint and to Extend the Time to Answer or Respond to Class Plaintiffs' Complaint or a Consolidated Amended Complaint filed by Accellion, Inc.. (Blunschi, Melanie) (Filed on 6/4/2021)
|
|
Filing 29
Order Granting #25 Stipulation Extending Time for Health Net Defendants to Respond to Complaint. Signed by Judge Edward J. Davila on 06/01/2021. (ejdlc2S, COURT STAFF) (Filed on 6/1/2021)
|
|
Filing 28
NOTICE of Appearance by Zachary Marc Faigen (Faigen, Zachary) (Filed on 5/27/2021)
|
|
Filing 27
NOTICE of Appearance by William Elliott Ridgway (Ridgway, William) (Filed on 5/27/2021)
|
|
Filing 26
Certificate of Interested Entities by California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc. identifying Corporate Parent Centene Corporation for California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc.. Pursuant to F.R.C.P. 7.1 and Civil L.R. 3-15 (Morrison, Peter) (Filed on 5/27/2021)
|
|
Filing 25
STIPULATION WITH PROPOSED ORDER re #10 Summons Returned Executed, #12 Summons Returned Executed, #22 Order Relating Case, #11 Summons Returned Executed, #9 Summons Returned Executed, #1 Complaint, #8 Summons Returned Executed Joint Stipulation and [Proposed] Order Extending Time for Health Net Defendants to Respond to Complaint filed by California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc.. (Morrison, Peter) (Filed on 5/26/2021)
|
|
Filing 24
(Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 7/19/2021. Initial Case Management Conference set for 7/29/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 5/25/2021)
|
|
Filing 23
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings RE #22 Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Judge Vince Chhabria no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/24/2021)
|
|
Filing 22
ORDER RELATING CASE. Signed by Judge Edward J. Davila on 05/24/2021. (ejdlc2S, COURT STAFF) (Filed on 5/24/2021)
|
|
Filing 21
REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 8/4/2021. Initial Case Management Conference set for 8/11/2021, 02:00 PM, by Videoconference Only. 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/vc Court Appearances: b> 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 list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Thursday, August 5, 2021, by no later than 10:00 a.m.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.)(knmS, COURT STAFF) (Filed on 5/19/2021)
|
|
Filing 20
Case REASSIGNED to Judge Vince Chhabria.. 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 Susan Van Keulen no longer assigned to the case. (Attachments: #1 Notice of Eligibility for Video Recording) (bwS, COURT STAFF) (Filed on 5/18/2021)
|
|
Filing 19
This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 5/18/2021)
|
|
Filing 18
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. (jhfS, COURT STAFF) (Filed on 5/18/2021)
|
|
Filing 17
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by John Harbour, Tami Wisnesky.. (Wolfson, Tina) (Filed on 5/18/2021)
|
|
Filing 16
Certificate of Interested Entities by Accellion, Inc. (Rubin, Michael) (Filed on 5/10/2021)
|
|
Filing 15
Corporate Disclosure Statement by Accellion, Inc. (Rubin, Michael) (Filed on 5/10/2021)
|
|
Filing 14
NOTICE of Appearance by Melanie Marilyn Blunschi on behalf of Defendant Accellion, Inc. (Blunschi, Melanie) (Filed on 5/10/2021)
|
|
Filing 13
NOTICE of Appearance by Michael H. Rubin on behalf of Defendant Accellion, Inc. (Rubin, Michael) (Filed on 5/10/2021)
|
|
Filing 12
SUMMONS Returned Executed by Tami Wisnesky, John Harbour. California Health & Wellness Plan served on 5/7/2021, answer due 5/28/2021. (Wolfson, Tina) (Filed on 5/10/2021)
|
|
Filing 11
SUMMONS Returned Executed by Tami Wisnesky, John Harbour. Health Net Community Solutions, Inc. served on 5/7/2021, answer due 5/28/2021. (Wolfson, Tina) (Filed on 5/10/2021)
|
|
Filing 10
SUMMONS Returned Executed by Tami Wisnesky, John Harbour. Health Net Life Insurance Company served on 5/7/2021, answer due 5/28/2021. (Wolfson, Tina) (Filed on 5/10/2021)
|
|
Filing 9
SUMMONS Returned Executed by Tami Wisnesky, John Harbour. Health Net LLC served on 5/7/2021, answer due 5/28/2021. (Wolfson, Tina) (Filed on 5/10/2021)
|
|
Filing 8
SUMMONS Returned Executed by Tami Wisnesky, John Harbour. Health Net of California, Inc. served on 5/7/2021, answer due 5/28/2021. (Wolfson, Tina) (Filed on 5/10/2021)
|
|
Filing 7
WAIVER OF SERVICE Returned Executed filed by Tami Wisnesky, John Harbour. Service waived by Accellion, Inc. waiver sent on 5/7/2021, answer due 7/6/2021. (Wolfson, Tina) (Filed on 5/7/2021)
|
|
Filing 6
Summons Issued as to Accellion, Inc., California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc.. (cvS, COURT STAFF) (Filed on 5/5/2021)
|
|
Filing 5
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/27/2021. Initial Case Management Conference set for 8/3/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cvS, COURT STAFF) (Filed on 5/5/2021)
|
|
Filing 4
Case assigned to Magistrate Judge Susan van Keulen. 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 5/19/2021. (anjS, COURT STAFF) (Filed on 5/5/2021)
|
|
Filing 3
Certificate of Interested Entities by John Harbour, Tami Wisnesky (Wolfson, Tina) (Filed on 5/4/2021)
|
|
Filing 2
Proposed Summons. (Wolfson, Tina) (Filed on 5/4/2021)
|
|
Filing 1
COMPLAINT against Accellion, Inc., California Health & Wellness Plan, Health Net Community Solutions, Inc., Health Net LLC, Health Net Life Insurance Company, Health Net of California, Inc. ( Filing fee $ 402, receipt number 0971-15926807.). Filed byTami Wisnesky, John Harbour. (Attachments: #1 Civil Cover Sheet)(Wolfson, Tina) (Filed on 5/4/2021)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
