Hammes Company Healthcare, LLC et al v. Tri-City Healthcare District et al
Plaintiff: HC Tri-City I, LLC and Hammes Company Healthcare, LLC
Defendant: Larry Anderson, Pamela Smith, DOES 1 through 100, Inclusive and Tri-City Healthcare District
Case Number: 3:2009cv02324
Filed: October 19, 2009
Court: US District Court for the Southern District of California
Office: San Diego Office
County: XX US, Outside State
Presiding Judge: Karen S Crawford
Referring Judge: Gonzalo P Curiel
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 fr
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on March 6, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2015 Opinion or Order Filing 229 ORDER of USCA as to #217 Notice of Appeal to 9th Circuit, filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. Appellants' motion to voluntarily dismiss these appeals is granted. The parties agree to bear their own costs and attorneys' fees on these appeals. A copy of this order shall serve as and for the mandate of the USCA. (akr). (Modified on 3/6/2015 to add text of Order. NEF regenerated.) (akr).
March 5, 2015 Filing 228 NOTICE of Vacated Hearing: All parties are advised that at the joint request of counsel the Bill of Costs hearing set for 3/6/15 is vacated. Parties have settled costs. (no document attached) (llb)
March 4, 2015 Filing 227 NOTICE of Settlement and Joint Status Report by HC Tri-City I, LLC, Hammes Company Healthcare, LLC (Heinke, Rex) (dlg).
October 16, 2014 Opinion or Order Filing 226 ORDER Granting #225 Joint Motion to Extend Existing Deadlines and Hearing. The October 31, 2014 telephonic hearing on the District's Bill of Costs, (ECF No. #223 ), is Continued to March 6, 2015, at 1:30 p.m., with any response to the District's Bill of Costs due on or before February 27, 2015. Signed by Judge Gonzalo P. Curiel on 10/16/2014. (srm)
October 14, 2014 Filing 225 Joint MOTION to Continue Existing Deadlines and Hearing by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Heinke, Rex) (srm).
August 6, 2014 Opinion or Order Filing 224 ORDER Denying Without Prejudice #204 Tri-City Healthcare District's Motion for Attorney Fees. Within seven (7) calendar days of the parties' concluding their settlement efforts, the parties are directed to file a Joint Status Report. Signed by Judge Gonzalo P. Curiel on 8/6/2014. (srm)
June 5, 2014 Opinion or Order Filing 223 ORDER Granting #222 Joint Motion to Extend Existing Deadlines and Hearings. The 7/11/2014 telephonic hearing on the District's Bill of Costs, (ECF No. #205 ), is Continued to 10/31/14, at 10:00 a.m., with any response to the District's Bill of Costs due on or before 10/24/2014; The 8/8/2014 hearing on the District's Motion for Attorney's Fees, is Continued to 11/14/2014 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Responses due by 10/24/2014, Replies due by 10/31/2014. Signed by Judge Gonzalo P. Curiel on 6/5/2014. (srm)
June 5, 2014 Filing 222 Joint MOTION to Continue Existing Deadlines and Hearings by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Heinke, Rex) (srm).
May 8, 2014 Filing 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Final Pretrial Conference) held on 3/1/2013, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Possell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/29/2014. Redacted Transcript Deadline set for 6/9/2014. Release of Transcript Restriction set for 8/6/2014. (akr)
March 12, 2014 Filing 220 USCA Time Schedule Order as to #217 Notice of Appeal to 9th Circuit, filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 4/10/2014 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 5/12/2014.) (cc: Court Reporters). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
March 12, 2014 Filing 219 USCA Case Number 14-55389 for #217 Notice of Appeal to 9th Circuit, filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (akr)
March 11, 2014 Filing 218 NOTICE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC, re #217 Notice of Appeal to 9th Circuit, Representation Statement. (Heinke, Rex). (akr).
March 11, 2014 Filing 217 NOTICE OF APPEAL to the 9th Circuit as to #85 Order, #203 Clerk's Judgment, #201 Clerk's Judgment, #202 Order, by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Filing fee $ 505 receipt number 0974-6833962.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Heinke, Rex). Modified on 3/11/2014 to edit docket text re Orders being appealed. (akr).
March 4, 2014 Opinion or Order Filing 216 ORDER Granting #215 Joint Motion to Extend Existing Deadlines and Hearings. The March 12, 2014 telephonic hearing on the District's Bill of Costs, (ECF No. #205 ), is Continued to July 11, 2014, at 10:00 a.m., with any response to the District's Bill of Costs due on or before July 3, 2014. The April 25, 2014 hearing on the District's Motion for Attorney's Fees, (ECF No. #204 ), is Continued to 8/8/2014 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Responses due by 7/18/2014 Replies due by 7/25/2014. Signed by Judge Gonzalo P. Curiel on 3/4/2014. (srm)
March 3, 2014 Filing 215 Joint MOTION to Continue Existing Deadlines and Hearings by HC Tri-City I, LLC. (Heinke, Rex) Modified on 3/4/2014, nsp and llb notified re bill of costs (srm).
February 10, 2014 Filing 214 NOTICE of Hearing - Bill of Costs, re #205 Bill of Costs filed for hearing filed by Tri-City Healthcare District : Hearing set for 2/11/2014 at 2:00 pm is continued per Order #213 to 3/12/2014 at 10:00AM. Any opposition or responsive pleading due 3/6/2014. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact N. Prewitt 619-557-6415 at the time of the hearing. (no document attached) (nsp)
February 6, 2014 Opinion or Order Filing 213 ORDER Granting #212 Joint Motion to Extend Deadlines and Hearing. Motion Hearing on Defendant Tri-City Healthcare District's Motion for Attorney's Fees (Doc. #204 ) Continued to 4/25/2014 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Deadlines extended by thirty (30) calendar days due to possibility of settlement. Signed by Judge Gonzalo P. Curiel on 2/6/2014. (srm)
February 5, 2014 Filing 212 Joint MOTION to Continue Existing Deadlines by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Heinke, Rex)
February 4, 2014 Opinion or Order Filing 211 Consent Order Granting Substitution of Attorney; Granting #209 Motion to Substitute Attorney. Attorney Rex S Heinke substituted as counsel of record in place of Attorney J. David Bournazian for Hammes Company Healthcare, LLC. Signed by Judge Gonzalo P. Curiel on 2/4/2014. (srm)
February 4, 2014 Opinion or Order Filing 210 Consent Order Granting Substitution of Attorney; Granting #208 Motion to Substitute Attorney. Attorney Rex S Heinke substituted as counsel of record in place of Attorney J. David Bournazian for HC Tri-City I, LLC. Signed by Judge Gonzalo P. Curiel on 2/4/2014. (srm) (Main Document 210 replaced on 2/5/2014) (srm).
February 4, 2014 Filing 209 MOTION to Substitute Attorney by Hammes Company Healthcare, LLC. (Bournazian, J.) (srm).
February 4, 2014 Filing 208 MOTION to Substitute Attorney by HC Tri-City I, LLC. (Bournazian, J.) (srm).
January 27, 2014 Opinion or Order Filing 207 ORDER Setting Briefing Schedule. A Motion Hearing is set for 03/21/2014 at 1:30 PM at 1:30 PM before Judge Gonzalo P. Curiel as to #204 MOTION for Attorney Fees . Responses due by 2/14/2014 and Replies due by 2/28/2014. Signed by Judge Gonzalo P. Curiel on 01/27/2014.(ag)
January 23, 2014 Filing 206 NOTICE of Hearing - Bill of Costs, re #205 filed by Tri-City Healthcare District : Hearing set for 2/11/2014 at 02:00PM. Any opposition or responsive pleading due 2/6/2014. All parties requesting to appear telephonically for this Bill of Costs hearing are directed to join on a conference call, then contact N. Prewitt 619-557-6415 at the time of the hearing. (All non-registered users served via U.S. Mail Service)(no document attached) (nsp)
January 22, 2014 Filing 205 BILL OF COSTS submitted by by Tri-City Healthcare District. (Attachments: #1 Notice, #2 Exhibit, #3 Exhibit, #4 Proof of Service)(Lewis, Jeffrey) Modified text on 1/23/2014 (srm).
January 22, 2014 Filing 204 MOTION for Attorney Fees by Tri-City Healthcare District. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proof of Service)(Lewis, Jeffrey) (srm).
January 10, 2014 Filing 203 AMENDED JUDGMENT IN A CIVIL CASE. (srm)
January 10, 2014 Opinion or Order Filing 202 ORDER Directing Entry of Amended Judgment. Signed by Judge Gonzalo P. Curiel on 1/10/2014.(srm)
January 8, 2014 Filing 201 JUDGMENT IN A CIVIL CASE. IT IS SO ORDERED AND ADJUDGED: Judgment is entered in favor of Defendant Tri-City Healthcare District and against Plaintiff Hammes Company Healthcare, LLC on Hammes Healthcare Company, LLC's claim for breach of contract (Letter of Intent). (srm)
January 8, 2014 Filing 200 FINDINGS OF FACT AND CONCLUSIONS OF LAW Following Bench Trial. The Court finds in favor of the District. The Clerk of Court is directed to enter judgment in favor of Tri-City Healthcare District and against Hammes Company Healthcare, LLC on Hammes Healthcare Company, LLC's claim for breach of contract (Letter of Intent). Signed by Judge Gonzalo P. Curiel on 1/8/2014. (srm)
November 20, 2013 Opinion or Order Filing 199 ORDER denying #192 Ex Parte Motion To Reopen The Matter For Submission Of New Evidence Or For Judicial Notice Of Adjudicative Facts. Signed by Judge Gonzalo P. Curiel on 11/20/2013. (kcm)(jrl).
November 18, 2013 Filing 198 REPLY to Response to Motion re #192 Ex Parte MOTION to Reopen Case for Submission of New Evidence or for Judicial Notice of Adjudicative Facts filed by Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.)(srm).
November 18, 2013 Filing 197 RESPONSE in Opposition re #192 Ex Parte MOTION to Reopen Case for Submission of New Evidence or for Judicial Notice of Adjudicative Facts filed by Larry Anderson. (Attachments: #1 Proof of Service)(Rothstein, Jane) (srm).
November 18, 2013 Filing 196 NOTICE of Appearance by Jane Rothstein on behalf of Larry Anderson (Attachments: #1 Proof of Service)(Rothstein, Jane)Attorney Jane Rothstein added to party Larry Anderson(pty:dft) (srm).
November 15, 2013 Filing 195 RESPONSE in Opposition re #192 Ex Parte MOTION to Reopen Case for Submission of New Evidence or for Judicial Notice of Adjudicative Facts filed by Tri-City Healthcare District. (Attachments: #1 Declaration, #2 Objection to Declaration of Ronald Cozad, #3 Objection to Declaration of J. David Bournazian, #4 Proof of Service)(Lewis, Jeffrey) (ag).
November 15, 2013 Opinion or Order Filing 194 ORDER Approving #193 Substitution of Attorney. Attorney Jeffrey Lewis terminated. Signed by Judge Gonzalo P. Curiel on 11/15/13. (dlg)
November 15, 2013 Filing 193 MOTION to Substitute Attorney by Tri-City Healthcare District. (Lewis, Jeffrey) (ag).
November 12, 2013 Filing 192 Ex Parte MOTION to Reopen Case for Submission of New Evidence or for Judicial Notice of Adjudicative Facts by Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Ronald J. Cozad, #3 Exhibit 1 to Declaration of Ronald J. Cozad, #4 Exhibit 2 to Declaration of Ronald J. Cozad, #5 Exhibit 3 to Declaration of Ronald J. Cozad, #6 Declaration of J. David Bournazian, #7 Exhibit 1 to Declaration of J. David Bournazian, #8 Proof of Service)(Bournazian, J.) (srm).
September 6, 2013 Filing 191 NOTICE of Lodgment by Hammes Company Healthcare, LLC re #190 Trial Brief Of Relevant Portions of Trial Transcripts (Attachments: #1 Exhibit 5, #2 Proof of Service)(Bournazian, J.) (srm).
September 6, 2013 Filing 190 TRIAL BRIEF REPLY TO DEFENDANT'S POST-TRIAL BRIEF by Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) Modified on 9/6/2013, atty notified re caps (srm).
September 3, 2013 Filing 189 TRIAL BRIEF Closing Brief by Tri-City Healthcare District. (Attachments: #1 Proof of Service)(Lewis, Jeffrey) (srm).
August 26, 2013 Filing 188 TRIAL BRIEF NOTICE OF LODGING OF RELEVANT PORTIONS OF TRIAL TRANSCRIPTS by Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (jao).
August 26, 2013 Filing 187 TRIAL BRIEF CLOSING ARGUMENT by Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (jao).
August 19, 2013 Filing 186 Joint Exhibit List.(lsf)
August 19, 2013 Filing 185 Witness List Plaintiff and Defendant. (lsf)
August 19, 2013 Filing 184 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Bench Trial completed on 8/19/2013. Day of Trial 4. Swore witnesses. Exhibits marked/received. Counsel to submit closing briefs: Plaintiff on/before 8/26/2013, Defense due 9/3/2013, Reply 9/6/2013.(Court Reporter/ECR Chari Possell). (Plaintiff Attorney J. David Bournazian, Joseph Chairez). (Defendant Attorney Jeffrey Lewis, Hanni Pichel). (no document attached) (lsf)
August 14, 2013 Filing 183 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Bench Trial held on 8/14/2013. Day of Trial 3. Swore witnesses. Exhibits marked/received. Bench Trial continued to 8/19/2013 09:00 AM in Courtroom 2D before Judge Gonzalo P. Curiel.(Court Reporter/ECR Chari Possell). (Plaintiff Attorney J. David Bournazian, Joseph Chairez). (Defendant Attorney Jeffrey Lewis, Hanni Pichel). (no document attached) (lsf)
August 13, 2013 Filing 182 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Bench Trial held on 8/13/2013. Day of Trial 2. Swore witnesses. Exhibits marked/received. Plaintiff rested. Defense oral Motion for Judgment on Partial Findings - Denied without prejudice. (Bench Trial continued to 8/14/2013 09:00 AM in Courtroom 2D before Judge Gonzalo P. Curiel.)(Court Reporter/ECR Chari Possell). (Plaintiff Attorney J David Bournazian, Joseph Chairez). (Defendant Attorney Jeffrey Lewis, Hanni Pichel). (no document attached) (jak)
August 12, 2013 Filing 181 Minute Order for proceedings held before Judge Gonzalo P. Curiel: Courtdenying #163 Motion to Exclude Testimony by Larry Anderson Relating to Hammes' Performance; denying #164 Motion to Exclude Opinions of Pamela Smith Relating to Governmental Approvals and Development Efforts; denying #165 Motion to Exclude Letter of Intent; denying #165 Motion to Exclude to Exclude Costs; granting #176 Motion Joint Stipulations and Agreement for Trial; Bench Trial held on 8/12/2013. Day of Trial 1. Swore witnesses. Exhibits marked/received. Bench Trial continued to 8/13/2013 09:00 AM in Courtroom 2D before Judge Gonzalo P. Curiel. (Court Reporter Chari Possell). (Plaintiff Attorney J. David Bournazian, Joseph Chairez).(Defendant Attorney Jeffrey Lewis, Hanni Pichel). (no document attached) (lsf)
August 12, 2013 Opinion or Order Filing 180 ORDER Allow defendant's counsel to bring electronic equipment and protable easel into the courtroom. Signed by Judge Gonzalo P. Curiel on 8/12/2013.(lsf)
August 8, 2013 Opinion or Order Filing 179 ORDER TO ALLOW THE USE OF ELECTRONIC EQUIPMENT IN THE COURTROOM DURING TRIAL. Signed by Judge Gonzalo P. Curiel on 8/8/2013.(srm)
August 5, 2013 Filing 178 TRIAL BRIEF by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
August 5, 2013 Filing 177 NOTICE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC Joint Designations of Deposition Transcripts (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
August 5, 2013 Filing 176 Joint MOTION Joint Stipulations and Agreement for Trial by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
August 5, 2013 Filing 175 TRIAL BRIEF by Tri-City Healthcare District. (Attachments: #1 Proof of Service)(Lewis, Jeffrey) (srm).
August 5, 2013 Filing 174 Witness List by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
August 5, 2013 Filing 173 Exhibit List Joint Exhibit List by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
August 2, 2013 Filing 172 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Telephonic Status Hearing re trial procedures and exhibits held on 8/2/2013 (Court Reporter/ECR Chari Possell). (Plaintiff Attorney J. David Bournazian). (Defendant Attorney Jeffrey Lewis). (no document attached) (lsf) Modified on 8/2/2013 (lsf).
August 1, 2013 Filing 171 NOTICE of Hearing: Telephonic Status Hearing set for 8/2/2013 02:30 PM before Judge Gonzalo P. Curiel. (no document attached) (lsf)
July 31, 2013 Filing 170 Pretrial Disclosures of Deposition Transcript Designations by Tri-City Healthcare District (Lewis, Jeffrey). Modified on 8/1/2013 - Edited text (jah).
July 26, 2013 Filing 169 RESPONSE in Opposition re #165 In Limine MOTION to Exclude Letter of IntentIn Limine MOTION to Exclude Costs Motion In Limine No. 2 filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Bournazian, J.) (srm).
July 26, 2013 Filing 168 RESPONSE in Opposition re #165 In Limine MOTION to Exclude Letter of IntentIn Limine MOTION to Exclude Costs Motion In Limine No. 1 filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
July 26, 2013 Filing 167 RESPONSE in Opposition re #164 In Limine MOTION to Exclude the Opinions of Pamela Smith Relating to Governmental Approvals and Development Efforts filed by Tri-City Healthcare District. (Attachments: #1 Exhibit, #2 Proof of Service)(Lewis, Jeffrey) (srm).
July 26, 2013 Filing 166 RESPONSE in Opposition re #163 In Limine MOTION to Exclude Testimony by Larry Anderson Relating to Hammes' Performance filed by Tri-City Healthcare District. (Attachments: #1 Exhibit, #2 Proof of Service)(Lewis, Jeffrey) (srm).
July 19, 2013 Filing 165 In Limine MOTION to Exclude Letter of Intent and Costs by Tri-City Healthcare District. (Attachments: #1 Memo of Points and Authorities, #2 Memo of Points and Authorities, #3 Exhibit, #4 Proof of Service)(Lewis, Jeffrey). Added MOTION to Exclude on 7/22/2013 (kaj). qc mail sent re motion parts (kaj).
July 19, 2013 Filing 164 In Limine MOTION to Exclude the Opinions of Pamela Smith Relating to Governmental Approvals and Development Efforts by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1, #3 Exhibit 2, #4 Proof of Service)(Bournazian, J.). (jah).
July 19, 2013 Filing 163 In Limine MOTION to Exclude Testimony by Larry Anderson Relating to Hammes' Performance by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Exhibit 1, #3 Proof of Service)(Bournazian, J.) (jpp).
July 17, 2013 Opinion or Order Filing 162 ORDER (1) Granting #159 Joint Motion For Entry of Order Waiving Jury Trial on Letter of Intent Breach of Contract Claim; (2) Vacating Motion in Limine Hearing; (3) Trial Preparation and Scheduling Order. Motions in limine hearing set for August 2, 2013, at 2:30 PM is Vacated. A maximum of two motions in limine per side due by July 19, 2013. Oppositions due by July 26, 2013. No replies shall be filed. Signed by Judge Gonzalo P. Curiel on 7/17/2013. (srm)
July 17, 2013 Opinion or Order Filing 161 PRETRIAL ORDER. Signed by Judge Gonzalo P. Curiel on 7/15/2013. (srm)
July 12, 2013 Filing 160 Pretrial Disclosures by HC Tri-City I, LLC, Hammes Company Healthcare, LLC (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
July 11, 2013 Filing 159 Joint MOTION For Entry of Order Waiving Jury Trial on Letter of Intent Breach of Contract Claim by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
July 9, 2013 Filing 158 NOTICE of Appearance by Joseph L Chairez on behalf of HC Tri-City I, LLC, Hammes Company Healthcare, LLC (Attachments: #1 Proof of Service)(Chairez, Joseph) (srm).
July 8, 2013 Filing 157 NOTICE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC Notice of Change of Attorney Information (Attachments: #1 Proof of Service)(Chen, Cyrus) (srm).
July 1, 2013 Filing 156 Minute Order for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 7/1/2013 re #152 Ex Parte MOTION to Continue Trial and Related Dates filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC - Denied Part/Granted Part. In Limine Motions due 7/19/2013. Response due 7/26/2013. Jury Trial reset to 8/12/2013 09:00 AM in Courtroom 2D before Judge Gonzalo P. Curiel. (Court Reporter Chari Possell). (Plaintiff Attorney J. David Bournazian).(Defendant Attorney Jeffrey Lewis). (no document attached) (lsf)
June 27, 2013 Opinion or Order Filing 155 ORDER Setting Telephonic Hearing re #152 Plaintiffs' Ex Parte Motion to Continue Trial and Related Dates: Telephonic Motion Hearing set for 7/1/2013 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 6/27/2013. (srm) (jrl).
June 26, 2013 Filing 154 REPLY to Response to Motion re #152 Ex Parte MOTION to Continue Trial and Related Dates filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit 2, #2 Proof of Service)(Bournazian, J.) (srm).
June 26, 2013 Filing 153 RESPONSE in Opposition re #152 Ex Parte MOTION to Continue Trial and Related Dates filed by Tri-City Healthcare District. (Attachments: #1 Declaration Declaration of Jeffrey Lewis, #2 Exhibit Exhibit 1 to Declaration of Jeffrey Lewis, #3 Proof of Service Proof of Service to Opposition)(Lewis, Jeffrey) (srm).
June 26, 2013 Filing 152 Ex Parte MOTION to Continue Trial and Related Dates by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit 1, #2 Proof of Service)(Bournazian, J.)(srm).
May 16, 2013 Filing 151 NOTICE of Change of Address by J. David Bournazian (Bournazian, J.) (srm).
March 1, 2013 Filing 150 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Pretrial Conference held on 3/1/2013. Motion In Limine Hearing set for 8/2/2013 02:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Counsel may each file 8 In Limine Motions. Jury Trial set for 8/19/2013 09:00 AM in Courtroom 2D before Judge Gonzalo P. Curiel.(Court Reporter Chari Possell). (Plaintiff Attorney J. David Bournazian, Cyrus C. Chen). (Defendant Attorney Jeffrey Lewis, Kelly Broedlow Dunagan). (no document attached) (lsf)
January 3, 2013 Opinion or Order Filing 149 ORDER Granting #148 Joint Motion to Continue Pretrial Conference. Final Pretrial Conference Continued to 3/1/2013 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 1/3/2013. (srm) (jrl).
December 31, 2012 Filing 148 Joint MOTION to Continue Pretrial Conference from February 1, 2013 to March 1, 2013 by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian in Support, #3 Exhibit "1", #4 Proof of Service)(Bournazian, J.) (srm).
December 21, 2012 Opinion or Order Filing 147 ORDER: (1) Dismissing Claims For Declaratory Relief; (2) Terminating 09-cv-2334; (3) Denying Motion To Dismiss As Moot; (4) Setting Pretrial Conference: A final pretrial conference in the 2324 case will be held on 2/1/2013, at 01:30 PM. Signed by Judge Gonzalo P. Curiel on 12/21/2012. (mdc)
December 14, 2012 Filing 146 Minute Entry for proceedings held before Judge Gonzalo P. Curiel: Status Hearing held on 12/14/2012. Order to Show cause why Declaratory Relief Claims should not be dismiss- Submitted and the Court will prepare a written order.(Court Reporter Chari Possell).(Plaintiff Attorney Edwin Richards, J. David Bournazian, Kevin Kraiss). (Defendant Attorney Jeffrey Lewis). (no document attached) (lsf)
November 5, 2012 Opinion or Order Filing 145 ORDER Granting #143 Ex Parte Motion to Continue Hearing Date. Status Hearing Continued to 12/14/2012 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 11/5/2012. (srm) (jrl).
November 2, 2012 Filing 144 RESPONSE to Motion re #143 MOTION to Continue December 7, 2012 Hearing Date and [Response] Offering Mutually Agreed Upon Date of December 14, 2012 filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Bournazian, J.)
November 2, 2012 Filing 143 MOTION to Continue December 7, 2012 Hearing by Tri-City Healthcare District. (Lewis, Jeffrey)
October 29, 2012 Filing 142 NOTICE of Change of Address by J. David Bournazian (Attachments: #1 Proof of Service)(Bournazian, J.) (srm).
October 29, 2012 Opinion or Order Filing 141 ORDER Setting Hearing Date. This Court will hold a Hearing on 12/7/2012 at 1:30 PM before Judge Gonzalo P. Curiel. The parties should be prepared to address all pending matters in these cases including #134 Order to Show Cause, HC Tri-City I, LLC's Motion to Dismiss Tri-City Healthcare District's Second Amended Complaint in case number 09cv2334-GPC-KSC, and proposed pretrial conference dates. Signed by Judge Gonzalo P. Curiel on 10/29/2012. (srm)
October 9, 2012 Opinion or Order Filing 140 Transfer Order. This civil case is hereby transferred from the calendar of the Honorable Janis Lynn Sammartino to the calendar of the Honorable Gonzalo P. Curiel. This change should be made on all future filings to ensure that all documents are properly routed to Judge Curiel. All pending motion dates, pretrial and trial dates in the listed cases shall be vacated. The parties in the cases listed below are advised that they will be contacted by the Court on an individual basis with respect to the rescheduling of any pending dates. The new case number is 09cv2324-GPC-KSC. Signed by Judge Janis L. Sammartino on 10/9/2012.(jao) (jrl).
August 13, 2012 Filing 139 STATUS REPORT , Objection to Misstatements, and Request to Strike Privileged Communications by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (mtb).
July 18, 2012 Filing 138 RESPONSE re #137 Status Report and request for pre-trial conference filed by Tri-City Healthcare District. (Lewis, Jeffrey) (mtb).
July 18, 2012 Filing 137 STATUS REPORT AND REQUEST FOR PRETRIAL CONFERENCE OR HEARING by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit A and, #2 Exhibit B, #3 Proof of Service)(Bournazian, J.) (mtb).
May 25, 2012 Filing 136 RESPONSE re #134 Order to Show Cause,, filed by Tri-City Healthcare District. (Lewis, Jeffrey)(jpp).
May 25, 2012 Filing 135 RESPONSE TO ORDER TO SHOW CAUSE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #134 Order to Show Cause,,. (Attachments: #1 Declaration of J. David Bournazian In Support, #2 Exhibit A, #3 Proof of Service)(Bournazian, J.) (jpp).
May 11, 2012 Opinion or Order Filing 134 ORDER Directing Parties TO SHOW CAUSE Why Declaratory Relief Claims Should not be Dismissed: the Court directs the parties to show cause why it should not in its sound discretion dismiss their claims for declaratory relief. The parties SHALL FILE briefs not to exceed ten pages directly responding to the issues raised in this Order by 5/25/12. The Court will take the matter under submission and will thereafter set a date for a final pretrial conference. Signed by Judge Janis L. Sammartino on 5/11/12.(lmt)
March 22, 2012 Opinion or Order Filing 133 TRANSFER ORDER: This case is transferred from the calendar of the Honorable Ruben B. Brooks to the calendar of the Honorable Karen S. Crawford for all future proceedings. All pending dates on Magistrate Judge Brooks calendar are hereby vacated, to be reset by Magistrate Judge Crawford. The parties in the cases listed in this order are advised that they will be informed by the Court on an individual basis with respect to rescheduling any pending dates. All dates set before the district judge will remain unchanged. The new case number is 09cv2324-JLS(KSC). Signed by Magistrate Judge Ruben B. Brooks on 3/22/12.(ecs)
March 16, 2012 Filing 132 TRIAL BRIEF by Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
March 16, 2012 Filing 131 TRIAL BRIEF Reply Regarding Trial Readiness by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of J. David Bournazian, #2 Exhibit "B", #3 Exhibit "C", #4 Proof of Service)(Bournazian, J.) (lmt).
February 27, 2012 Filing 130 NOTICE OF WITHDRAWAL OF DOCUMENT by Tri-City Healthcare District re #125 Joint MOTION for Extension of Time to File Trial Readiness Documents and to use private mediation filed by Tri-City Healthcare District . (Lewis, Jeffrey) (lmt).
February 27, 2012 Opinion or Order Filing 129 ORDER on Parties' Joint Motion #126 . The Court grants the parties' request to use private mediation for their settlement efforts. However, the request to defer pre-trial briefing pending the completion of mediation is denied. Signed by Judge Janis L. Sammartino on 2/27/12. (kaj) (jrl).
February 24, 2012 Filing 128 Supplemental TRIAL BRIEF by Tri-City Healthcare District. (Lewis, Jeffrey)(kaj).
February 24, 2012 Filing 127 TRIAL BRIEF Additional Trial Readiness Briefing by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of J. David Bournazian, #2 Exhibit "A" to Declaration of J. David Bournazian, #3 Proof of Service)(Bournazian, J.) (kaj).
February 24, 2012 Filing 126 Joint MOTION allowing parties to use mediation in lieu of a mandatory settlement conference and rescheduling of trial readiness briefing re 121 Pretrial Conference, by Tri-City Healthcare District, Larry Anderson, Pamela Smith. (Lewis, Jeffrey) (kaj).
February 23, 2012 Filing 125 DOCUMENT WITHDRAWN PER #130 - Joint MOTION for Extension of Time to File Trial Readiness Documents and to use private mediation by Tri-City Healthcare District. (Lewis, Jeffrey) (aef) Modified on 2/24/2012-QC email sent to atty re multi-part motions; refile (aef). Modified on 2/28/2012 (lmt).
February 23, 2012 Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Pretrial Conference) (includes proceedings held in 09-cv-02334-JLS-RBB) held on 1/26/2012, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/15/2012. Redacted Transcript Deadline set for 3/26/2012. Release of Transcript Restriction set for 5/23/2012. (akr)
February 13, 2012 Opinion or Order Filing 123 TRANSFER ORDER: Judge Cathy Ann Bencivengo is no longer assigned to the case and Judge Ruben B. Brooks is now assigned for all further proceedings. All ENE, MSC or other settlement conferences, and all scheduling and discovery hearings set before Judge Bencivengo, if any, are Vacated. Counsel will contact the Chambers of Judge Ruben B. Brooks, to reschedule any such conferences or hearings within five days of the entry of this order. All other dates, and any dates set before any district judge remain unchanged. The new case number is 09cv2324 JLS (RBB). Signed by Judge Cathy Ann Bencivengo on 2/13/2012.(mtb) (jrl). Modified filed date on 2/15/2012 (mtb).
February 3, 2012 Filing 122 Minutes: A Mandatory Settlement Conference set for 3/2/2012 at 10:00 AM in the chambers of Magistrate Judge Cathy Ann Bencivengo. (lmt)
January 26, 2012 Filing 121 Minute Entry for proceedings held before Judge Janis L. Sammartino : Parties to submit simultaneous briefs by 2/24/2012; oppositions/responses by 3/16/2012. Matter is referred to Magistrate Judge Adler for settlement conferences and the court orders that counsel and clients for both sides be present at each settlement conference before Magistrate Judge Adler (Court Reporter Gayle Wakefield / CRD A Ramos / Hammes' Attorney J. David Bournazian / Tri-City's Attorney Jeffrey Lewis)(acr)
January 12, 2012 Filing 120 OBJECTION by Tri-City Healthcare District re #113 Memorandum of Facts and Contentions of Law , Witness List and Exhibit List. (Lewis, Jeffrey) (lmt).
January 12, 2012 Filing 119 OBJECTION by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #116 Exhibit List, #114 Witness List, #115 Memorandum of Facts and Contentions of Law. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
January 3, 2012 Opinion or Order Filing 118 ORDER granting #112 Joint Motion to Withdraw Pending Motions: Tri-City's #101 Motion for Sanctions under Rule 11 is withdrawn and shall not proceed with any further briefing, hearing, or outcome. Signed by Judge Janis L. Sammartino on 1/3/12. (lmt)(jrl).
December 30, 2011 Filing 117 NOTICE of Change of Address by Jeffrey Lewis (Lewis, Jeffrey) (lmt).
December 29, 2011 Filing 116 Exhibit List by Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
December 29, 2011 Filing 115 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
December 29, 2011 Filing 114 Witness List by Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
December 29, 2011 Filing 113 MEMORANDUM OF FACTS AND CONTENTIONS OF LAW by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit 1 - Exhibit List, #2 Exhibit 2 - Witness List, #3 Proof of Service)(Bournazian, J.) (lmt).
December 27, 2011 Filing 112 Joint MOTION to Withdraw #101 MOTION for Sanctions by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
December 13, 2011 Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) (includes proceedings held in 09-cv-02334-JLS-CAB) held on 12/1/2011, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Gayle Wakefield. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/3/2012. Redacted Transcript Deadline set for 1/13/2012. Release of Transcript Restriction set for 3/12/2012. (akr)
December 13, 2011 Opinion or Order Filing 110 ORDER (1) denying #89 Plaintiffs' Motion for Reconsideration ; (2) denying Plaintiffs' #91 Motion for restraining order, injunction, or transfer, and sanctions ; (3) denying #92 Hammes' Motion for Summary Judgment of the First Claim; and denying #106 Plaintiffs' Motion to Dismiss Larry Anderson: The Court STRIKES lines 20-26 on page 17 of its 7/11/11 #106 Order. Following entry of this Order, Tri-City SHALL FILE a Second Amended Complaint containing only its first claim for declaratory relief, identical to its First Amended Complaint except without the second claim. This is the sole remaining claim in the related case. In the lead case, only Hammes's first claim for breach of the letter of intent against Tri-City remains. The parties SHALL APPEAR at the final pretrial conference currently set for 1/26/12 at 1:30 PM in Courtroom 6. Opposition to Tri-City's #101 motion for sanctions due by 1/9/2012 and Reply due by 1/16/2012. Signed by Judge Janis L. Sammartino on 12/13/11. (lmt)
December 1, 2011 Filing 109 Minute Order for proceedings held before Judge Janis L. Sammartino : Hearing on Motion for Reconsideration #89 , to Issue Order re Cease and Rescind Publications #91 and for Summary Judgment/Partial Summary Judgment #92 held and taken under submission. Court to issue written order (Court Reporter Gayle Wakefield / CRD A Ramos /Attorneys : J. David Brounazian, Cyrus Chen & Jeffrey Lewis) (acr)
November 18, 2011 Filing 108 REPLY to Response to Motion re #106 Ex Parte MOTION to Dismiss Party Without Prejudice, Defendant Larry Anderson from Complaint and Counter-Claim in Related Actions filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
November 17, 2011 Filing 107 RESPONSE re #106 Ex Parte MOTION to Dismiss Party Without Prejudice, Defendant Larry Anderson from Complaint and Counter-Claim in Related Actions filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
November 16, 2011 Filing 106 Ex Parte MOTION to Dismiss Party Without Prejudice, Defendant Larry Anderson from Complaint and Counter-Claim in Related Actions by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Proof of Service in Support)(Bournazian, J.) (lmt).
October 31, 2011 Filing 105 CERTIFICATE OF SERVICE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #104 Reply to Response to Motion,, #102 Reply to Response to Motion, #103 Reply to Response to Motion, (Bournazian, J.) (lmt).
October 31, 2011 Filing 104 REPLY to Response to Motion re #89 MOTION for Reconsideration re #85 Order on Motion for Partial Summary Judgment, Order on Motion to Supplement, filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Supplement Declaration of J. David Bournazian, #2 Exhibit K and L to Supplemental Declaration of J. David Bournazian)(Bournazian, J.) (lmt).
October 31, 2011 Filing 103 REPLY to Response to Motion re #91 MOTION to Issue Order Requiring Defendants to Cease and Rescind Publications Misinterpreting this Court's Order or, in the Alternative, for an Injunction or Order to Transfer filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Supplement Declaration of J. David Bouranzian, #2 Exhibit 5 and 6 to Supplemental Declaration of J. David Bournazian In Support of Reply)(Bournazian, J.) (lmt).
October 31, 2011 Filing 102 REPLY to Response to Motion re #92 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of J. David Bournazian, #2 Exhibit 38 through 42 to the Declaration of J. David Bournazian, #3 Objections to Evidence Cited in Tri-City's Memorandum of Points and Authorities in Opposition)(Bournazian, J.) (lmt).
October 19, 2011 Filing 101 MOTION for Sanctions by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis, #2 Memo of Points and Authorities, #3 Proof of Service)(Lewis, Jeffrey) (lmt).
October 17, 2011 Filing 100 RESPONSE in Opposition re #91 MOTION to Issue Order Requiring Defendants to Cease and Rescind Publications Misinterpreting this Court's Order or, in the Alternative, for an Injunction or Order to Transfer filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis, #2 Declaration of Kelli Moors)(Lewis, Jeffrey) (lmt).
October 17, 2011 Filing 99 RESPONSE in Opposition re #92 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis, #2 Exhibit E through L)(Lewis, Jeffrey) (lmt).
October 17, 2011 Filing 98 RESPONSE in Opposition re #89 MOTION for Reconsideration re #85 Order on Motion for Partial Summary Judgment, Order on Motion to Supplement, filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis)(Lewis, Jeffrey) (lmt).
October 4, 2011 Opinion or Order Filing 97 ORDER Following 10/3/11 Discovery Conference: If the document Tri-City Healthcare District Administrative Policies, Policy Number 232 (Bates No. PLF 4611-4613), is used for any purpose, its designation of "attorneys' eyes only" remains. Tri-City has waived any right to challenge that. The matter is closed. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/4/11.(lmt)
October 3, 2011 Filing 96 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Discovery conference held on 10/3/2011. Order to follow. (ma)
September 29, 2011 Opinion or Order Filing 95 ORDER Extending Dates for Expert Reports: A Status Conference was held 9/29/11. Each expert witness designated by a party shall prepare a written report to be provided to all other parties no later than 10/14/11, containing the information required by Fed. R. Civ. P. 26(a)(2)(B). Any supplemental reports are due on or before 10/28/11. All other dates set forth in the #88 Order Further Modifying Case Management Order shall remain in effect. Signed by Magistrate Judge Cathy Ann Bencivengo on 9/29/11.(lmt) (jcj).
September 28, 2011 Opinion or Order Filing 94 ORDER Setting Briefing Schedule as to #91 MOTION to Issue Order Requiring Defendants to Cease and Rescind Publications Misinterpreting this Court's Order or, in the Alternative, for an Injunction or Order to Transfer and #92 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment: Opposition due by 10/17/2011 and Reply due by 10/31/2011. Signed by Judge Janis L. Sammartino on 9/28/11.(lmt)
September 27, 2011 Filing 93 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Discovery Hearing set for 10/3/2011 10:00 AM. The conference shall be telephonic, with attorneys only. Counsel for Defendants shall coordinate and initiate the conference call. (ma)
September 27, 2011 Filing 92 MOTION for Summary Judgment or, in the Alternative, Partial Summary Judgment by Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian, #3 Exhibit 10;, #4 Exhibit 11;, #5 Exhibit 12;, #6 Exhibit 15;, #7 Exhibit 17;, #8 Exhibit 18;, #9 Exhibit 20;, #10 Exhibit 29;, #11 Exhibit 30;, #12 Exhibit 31;, #13 Exhibit 32;, #14 Exhibit 33;, #15 Exhibit 34;, #16 Exhibit 35;, #17 Exhibit 36;, #18 Declaration of Scott J. Thomas, Exhibit 37;, #19 Declaration of Craig T. Beam, Exhibit 1;, #20 Declaration Kevin Kraiss, Exhibit 14, #21 Declaration of James Kobayashi, Exhibits 4, 5, 6, 7, 8, 13, 16, 25, #22 Declaration of Kevin Anderson, Exhibits 7, 8, 28, #23 Declaration of Michael Fasciotti, Exhibit 9, #24 Declaration of Todd W. Kibbler, Exhibits 2, (cont.), #25 Exhibit 3 to the Decl. of Todd W. Kibler (cont.), #26 Exhibit 19, 21, 22 and 24 to the Decl. of Todd W. Kibler;, #27 Declaration of Michael Keller, Exhibits 4, 5, #28 Table of Exhibits;, #29 Proof of Service)(Bournazian, J.) (lmt).
September 9, 2011 Filing 91 MOTION to Issue Order Requiring Defendants to Cease and Rescind Publications Misinterpreting this Court's Order or, in the Alternative, for an Injunction or Order to Transfer by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian in Support, #3 Exhibit "1", #4 Exhibit "2", #5 Exhibit "3", #6 Exhibit "4", #7 Proof of Service)(Bournazian, J.) (lmt).
August 10, 2011 Opinion or Order Filing 90 ORDER Setting Briefing Schedule as to #89 MOTION for Reconsideration re #85 Order on Motion for Partial Summary Judgment: Opposition due by 10/17/2011 and Reply due by 10/31/2011. Signed by Judge Janis L. Sammartino on 8/10/11.(lmt)
August 8, 2011 Filing 89 MOTION for Reconsideration re #85 Order on Motion for Partial Summary Judgment, Order on Motion to Supplement,,,, by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian in Support, #3 Exhibit "A", #4 Exhibit "B", #5 Exhibit "C", #6 Exhibit "D", #7 Exhibit "E", #8 Exhibit "F", #9 Exhibit "G", #10 Exhibit "H", #11 Exhibit "I", #12 Exhibit "J", #13 Proof of Service)(Bournazian, J.) (lmt).
July 26, 2011 Opinion or Order Filing 88 Order Further modifying the case management conference order. Memorandum of Contentions of Fact and Law due by 12/29/2011. Proposed Pretrial Order due by 1/19/2012. Final Pretrial Conference set for 1/26/2012 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Cathy Ann Bencivengo on 7/26/2011.(mtb) Modified text on 7/26/2011 (mtb).
July 25, 2011 Filing 87 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Status Conference held on 7/25/2011. Revised scheduling order to follow. (ma)
July 14, 2011 Filing 86 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Pursuant to Doc. No. 84 (p. 3, ll. 11-14), a Status Conference is HEREBY SET for 7/25/2011 at 10:30 AM before Magistrate Judge Cathy Ann Bencivengo. The conference shall be telephonic, with attorneys only. Counsel for plaintiff shall coordinate and initiate the conference call.(aet)
July 11, 2011 Opinion or Order Filing 85 ORDER: (1) granting in part and denying in part #38 Defendants' Motion for Partial Summary Judgment; (2) denying #77 Plaintiff's Motion for Leave to File Supplemental Brief: the Court GRANTS Defendants' motion for partial summary judgment as to Plaintiffs' claims for breach of the ground lease and space lease, breach of the implied covenant of good faith and fair dealing, fraud, tortious interference with the space lease, and promissory estoppel. The Court DENIES Defendants' motion for partial summary judgment as to HC's claim for breach of the letter of intent. Signed by Judge Janis L. Sammartino on 7/11/11. (lmt)
July 7, 2011 Opinion or Order Filing 84 ORDER granting in part and denying in part #79 Plaintiff's Motion for Protective Order: Hammes' motion for a protective order regarding the document requests is GRANTED, as the requests were not served timely. The motion for a protective order with regard to the depositions is DENIED. The parties are ordered to contact Chambers within 3 days of the receipt of an order on the motion for partial summary judgment to schedule a status conference. Signed by Magistrate Judge Cathy Ann Bencivengo on 7/6/11. (lmt)
June 27, 2011 Filing 83 REPLY to Response to Motion re #79 Ex Parte MOTION for Protective Order Regarding Depositions and Numerous Requests for Production of Documents filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
June 27, 2011 Opinion or Order Filing 82 ORDER granting #81 Protective Order re Deposition of Walter Scott Leedom. Signed by Magistrate Judge Cathy Ann Bencivengo on 6/27/11. (lmt) (jrl).
June 27, 2011 Filing 81 Joint MOTION for Protective Order Stipulation and Proposed Protective Order Re Deposition of Walter Scott Leedom by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
June 23, 2011 Filing 80 RESPONSE in Opposition re #79 Ex Parte MOTION for Protective Order Regarding Depositions and Numerous Requests for Production of Documents filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis)(Lewis, Jeffrey) (lmt).
June 21, 2011 Filing 79 Ex Parte MOTION for Protective Order Regarding Depositions and Numerous Requests for Production of Documents by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of J. David Bournazian, #3 Proof of Service In Support of Ex Parte for Protective Order)(Bournazian, J.) (lmt).
June 3, 2011 Filing 78 RESPONSE in Opposition re #77 Ex Parte MOTION to Supplement Briefing of Plaintiffs to Defendants' Motion for Partial Summary Judgment Regarding Amendment and Waiver filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
June 2, 2011 Filing 77 Ex Parte MOTION to Supplement Briefing of Plaintiffs to Defendants' Motion for Partial Summary Judgment Regarding Amendment and Waiver by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service to Ex Parte Application, #2 Declaration of J. David Bournazian in Support, #3 Exhibit "A" to Declaration, #4 Proof of Service to Declaration in Support)(Bournazian, J.) (lmt).
May 26, 2011 Filing 76 Minute Order for proceedings held before Judge Janis L. Sammartino : Hearing on Motion for Partial Summary Judgment #38 held and taken under submission. Court to issue written order (Court Reporter Gayle Wakefield / CRD A Ramos / Plaintiff Attorney J. David Bournazian & Walter Scott Leeder / Defendant Attorney Jeffrey Lewis & Kelly Broedlow) (acr)
May 9, 2011 Filing 75 Supplemental RESPONSE in Support re #38 MOTION for Partial Summary Judgment filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
May 5, 2011 Filing 74 SUPPLEMENTAL BRIEFING by Plaintiffs HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #73 Order on Motion for Miscellaneous Relief, for Submission of Recently Produced Documents in Opposition to the Pending Motion for Partial Summary Judgment. (Attachments: #1 Exhibit "A" to Brief re: Submission of Recently Produced Documents;, #2 Declaration of J. David Bournazian ISO Brief,, #3 Exhibit "A" to Declaration of J. David Bournazian,, #4 Exhibit "B" to Declaration of J. David Bournazian; and, #5 Proof of Service)(Bournazian, J.) (lmt).
May 3, 2011 Opinion or Order Filing 73 ORDER granting #71 Ex Parte Motion to Allow Submission of Recently Produced Materials: Plaintiffs shall file the documents by 5/5/11 at 5:00 PM. The documents shall be accompanied by a memorandum of points and authorities. Defendants shall file a response to Plaintiffs' memorandum by 5/9/11 at 5:00 PM. No reply to Defendants' response will be accepted. Signed by Judge Janis L. Sammartino on 5/3/11. (lmt) (jrl).
May 2, 2011 Filing 72 RESPONSE to Motion re #71 Ex Parte MOTION Application by Plaintiffs to Allow Submission of Recently Produced Materials in Opposition to Pending Motion for Partial Summary Judgment, or, In the Alternative, Allow For Additional Briefing re #38 MOTION for Partial Summary Judgment filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (lmt).
April 28, 2011 Filing 71 Ex Parte MOTION Application by Plaintiffs to Allow Submission of Recently Produced Materials in Opposition to Pending Motion for Partial Summary Judgment, or, In the Alternative, Allow For Additional Briefing re #38 MOTION for Partial Summary Judgment by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of J. David Bournazian in Support of Ex Parte Application, #2 Proof of Service)(Bournazian, J.) (lmt).
April 19, 2011 Opinion or Order Filing 70 ORDER Regarding in Camera Inspection of Documents and Modifying #69 Order Granting Motion to Compel: Tri-City will produce document pages Tri-City 15420-15429, Tri-City 15531-15540, and Tri-City 15541-15550 to plaintiff Hammes no later than 4/20/11. The waiver does not extend to document pages Tri-City 15430-15438, Tri-City 15439-15444, and Tri-City 15488-15492 and the Court's order compelling production is MODIFIED accordingly. Plaintiff's #56 motion to compel regarding these pages is DENIED without prejudice. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/19/11.(lmt) (jrl).
April 11, 2011 Opinion or Order Filing 69 ORDER granting #56 Motion to Compel: three documents identified on Tri-City's privilege log will be produced to Hammes without redactions no later than 4/14/11. If Tri-City contends that the content of any of the three documents is substantially different than the uniform description indicating each is the same, Tri-City may submit the document for an in camera review no later than 4/15/11 with an explanation why it should not be subject to the waiver. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/11/11. (lmt)
April 11, 2011 Filing 68 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Discovery Hearing was held on 4/11/2011 with regard to Doc. No. 56. Order to follow.(aet)
April 11, 2011 Opinion or Order Filing 67 ORDER Vacating Pretrial Dates: A telephonic hearing was held 4/8/11. The Court vacates the present #44 scheduling order and orders parties to contact Chambers within 3 days of receiving an order on the Motion for Partial Summary Judgment for a scheduling conference to reset pretrial dates. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/11/11.(lmt)
April 11, 2011 Opinion or Order Filing 66 ORDER granting in part and denying in part #59 Motion for Discovery: A telephonic hearing was held 4/8/11. Amended subpoenas will be served no later 4/13/11. The subpoenaed parties are to be informed that they may object to, or move to quash, the amended subpoenas no later than 4/20/11. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/11/11. (lmt)
April 8, 2011 Filing 65 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Discovery Hearing was held on 4/8/2011 with regard to Doc. No. 59. Order to follow. A further Discovery Hearing is set for 4/11/2011 at 11:00 AM before Magistrate Judge Cathy Ann Bencivengo with regard to Doc. No. 56. The conference shall be telephonic, with attorneys only. Counsel for plaintiff shall coordinate and initiate the conference call.(aet) Modified on 4/18/2011 to correct filing date (lmh).
April 4, 2011 Filing 64 REPLY to Response to Motion re #59 Ex Parte MOTION for Discovery filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey)(kaj).
April 4, 2011 Filing 63 REPLY to Response to Motion re #59 Ex Parte Motion for Discovery filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) Modified on 4/5/2011 to modify text; qc mail sent re correct event (kaj).
March 30, 2011 Filing 62 RESPONSE in Opposition re #56 Ex Parte MOTION to Compel for Production of Documents [Telephonic Discovery Hearing]; and Proof of ServiceEx Parte MOTION to Compel for Production of Documents [Telephonic Discovery Hearing]; and Proof of Service filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis, #2 Declaration of Pamela Smith)(Lewis, Jeffrey) (srm).
March 30, 2011 Filing 61 RESPONSE in Opposition re #59 Ex Parte MOTION for Discovery filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of J. David Bournazian ISO Opposition;, #2 Proof of Service)(Bournazian, J.) (lmt).
March 24, 2011 Filing 60 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: On 3/24/2011 defendant Tri-City Healthcare District filed a motion regarding various discovery disputes [Doc. No. 59.] A Discovery Hearing regarding Doc. No. 59 is set for 4/8/2011 at 09:30 AM before Magistrate Judge Cathy Ann Bencivengo, and will be heard together with Doc. No. 56. The conference shall be telephonic, with attorneys only. Plaintiff's counsel will coordinate and initiate the conference call. Opposition to Doc. No. 59 shall be filed on or before 3/30/2011. Reply to the opposition shall be filed on or before 4/4/2011.(aet)
March 24, 2011 Filing 59 Ex Parte MOTION for Discovery by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Declaration of Jeffrey Lewis)(Lewis, Jeffrey) (lmt).
March 23, 2011 Filing 58 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: On 3/21/11 Plaintiffs filed a motion to compel discovery [Doc. No. 56]. A Discovery Hearing regarding Doc. No. 56 is set for 4/8/2011 at 09:30 AM before Magistrate Judge Cathy Ann Bencivengo. The hearing shall be telephonic, with attorneys only. Counsel for plaintiffs shall coordinate and initiate the conference call. Defendants shall file opposition to Doc. No. 56 on or before 3/30/11. Reply to the opposition shall be filed on or before 4/4/11.(aet)
March 22, 2011 Filing 57 CERTIFICATE OF SERVICE - AFFIDAVIT re #56 Ex Parte MOTION to Compel for Production of Documents [Telephonic Discovery Hearing]; and Proof of Service by Plaintiffs HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Bournazian, J.) (lmt).
March 21, 2011 Filing 56 Ex Parte MOTION to Compel for Production of Documents [Telephonic Discovery Hearing]; and Proof of Service by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration J. David Bournazian in Support of Ex Parte Application)(Bournazian, J.) (atty contacted re s/ cert of service) (lmt).
March 14, 2011 Opinion or Order Filing 55 ORDER Continuing Hearing as to #38 MOTION for Partial Summary Judgment: The Motion Hearing set for 3/25/11 is reset for 5/26/2011 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 3/14/11.(lmt) (jcj).
March 7, 2011 Filing 54 CERTIFICATE OF SERVICE by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #53 Objection, by Plaintiffs Hammes Company Healthcare, LLC, and HC Tri-City I, LLC to Defendant's Misstatements in Reply Brief and New Arguments; and Supplemental Declaration of J. David Bournazian in Support of Objection (Bournazian, J.) (lmt).
March 4, 2011 Filing 53 OBJECTION by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #52 Response in Opposition to Motion,, [Objection by Plaintiffs to Defendants Misstatements in Reply Brief and New Arguments]. (Attachments: #1 Supplemental Declaration of J. David Bournazian in Support of Objection by Plaintiffs, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, and, #6 Exhibit 46)(Bournazian, J.) . Modified on 3/7/2011 (tkl). Emailed atty. Missing proof of service.
February 28, 2011 Filing 52 RESPONSE in Opposition re #38 MOTION for Partial Summary Judgment filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Objection to Michael Keller Declaration, #2 Objection to Michael Fasciotti declaration, #3 Objection to Debra Cummings Declaration, #4 Objection to Craig Beam declaration, #5 Objection to Kevin Anderson declaration, #6 Objection to James Kobayashi declaration, #7 Objection to Kevin Kraiss declaration, #8 Declaration Supplemental Declaration of Jeffrey Lewis, #9 Proof of Service proof of service)(Lewis, Jeffrey) (lmt).
February 14, 2011 Filing 51 OBJECTION by HC Tri-City I, LLC, Hammes Company Healthcare, LLC re #38 MOTION for Partial Summary Judgment Objections to the Declaration of Larry Anderson;. (Attachments: #1 Objections to the Declaration of Pamela Smith, #2 Objections to the Declaration of Jeffrey Lewis)(Bournazian, J.) (proof of service #50 ) Modified to add text on 2/14/2011 (lmt).
February 14, 2011 Filing 50 RESPONSE in Opposition re #38 MOTION for Partial Summary Judgment filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Declaration of Kevin Anderson, Exhibits 7, 8, 28, #2 Declaration Craig T. Beam, Exhibit 1, #3 Declaration Debra Cummings, Exhibits 26, 27, #4 Declaration Michael Fasciotti, Exhibit 9, #5 Declaration Michael Keller, Exhibits 4, 5, #6 Declaration James Kobayashi, Exhibits 4, 5, 6, 7, 8, 13, 16, 25, #7 Declaration Kevin Kraiss, Exhibit 14, #8 Declaration Todd W. Kibler, Exhibit 2 (cont.), #9 Exhibit 3 to the Decl. of Todd W. Kibler (cont.), #10 Exhibit 19, 21, 22 and 24 to the Decl. of Todd W. Kibler, #11 Declaration of J. David Bournazian, Exhibits 10, 11, 12, 15, 17, 18, 20, 23, (cont.), #12 Exhibit 29 to the Decl. of J. David Bournazian (cont.), #13 Exhibit 30 to the Decl. of J. David Bournazian (cont.), #14 Exhibit 31, 32 to the Decl. of J. David Bournazian (cont), #15 Exhibit 33, 34, 35, 36 to the Decl. of J. David Bournazian, #16 Exhibit 37 to the Decl. of J. David Bournazian, #17 Exhibit 38, 39 to the Decl. of J. David Bournazian, #18 Exhibit 40, and 41 to the Decl. of J. David Bournazian, #19 Proof of Service)(Bournazian, J.) (lmt).
January 27, 2011 Opinion or Order Filing 49 ORDER Following 1/27/11 Status Conference: A Status Conference was held 1/27/11. The completion of the deposition of Tri-City will take place on 2/1/11 at a location in this judicial district agreed upon by both parties. Signed by Magistrate Judge Cathy Ann Bencivengo on 1/27/11.(lmt)(mam).
January 27, 2011 Filing 48 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference was held on 1/27/2011. Order to follow.(aet)
January 25, 2011 Opinion or Order Filing 47 ORDER Following 1/24/11 Status Conference: A Status Conference was held 1/24/11. A telephonic Status Conference set for 1/27/2011 at 01:30 PM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 1/25/11.(lmt)
January 24, 2011 Filing 46 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Status Conference re discovery issue held on 1/24/2011. Order to follow. (ma)
January 21, 2011 Filing 45 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference is set for 1/24/2011 at 09:30 AM before Magistrate Judge Cathy Ann Bencivengo with regard to a discovery issue. The conference shall be telephonic, with attorneys only. Counsel for plaintiff Hammes shall coordinate and initiate the conference call.(aet)
January 5, 2011 Opinion or Order Filing 44 Order Further Modifying Case Management Conference Order: A status conference was held 1/4/11. A Mandatory Settlement Conference set for 4/20/2011 at 10:00 AM in the chambers of Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 1/5/11.(lmt) (mam).
January 4, 2011 Filing 43 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Status Conference held on 1/4/2011. Revised scheduling order to follow. (ma)
December 17, 2010 Opinion or Order Filing 42 ORDER (1) granting #41 Joint Motion for Order Modifying Briefing Schedule and (2) Continuing Hearing: Responses due by 2/14/2011. Replies due by 2/28/2011. Motion Hearing reset for 3/25/2011 03:00 PM in Courtroom 06 before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 12/17/10. (lmt) (av1).
December 16, 2010 Filing 41 Joint MOTION for Order Modifying Briefing Schedule for Defendants' Motion for Partial Summary Judgment by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Chen, Cyrus) (lmt).
December 15, 2010 Opinion or Order Filing 40 ORDER Modifying Briefing Schedule as to #38 MOTION for Partial Summary Judgment: Plaintiff's opposition is due by 1/18/11. All other dates remain unchanged. Signed by Judge Janis L. Sammartino on 12/15/10.(lmt) av1).
December 14, 2010 Opinion or Order Filing 39 ORDER Setting Briefing Schedule as to #38 MOTION for Partial Summary Judgment: Plaintiffs' opposition is due by 1/17/11, and Defendants' reply is due by 1/31/11. Signed by Judge Janis L. Sammartino on 12/14/10.(lmt) (cap).
December 10, 2010 Filing 38 MOTION for Partial Summary Judgment by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Pamela Smith, #3 Declaration of Jeffrey Lewis, #4 Declaration of Larry Anderson, #5 Proof of Service)(Lewis, Jeffrey) (lmt).
November 15, 2010 Filing 37 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Status Conference held on 11/15/2010. Another status conference shall be held on January 4, 2011, at 2:00 p.m. to discuss modification of the current scheduling order. The conference shall be telephonic with attorneys only. Plaintiff's counsel shall coordinate and initiate the conference call. (ma)
November 12, 2010 Filing 36 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference is set for 11/15/2010 at 02:30 PM before Magistrate Judge Cathy Ann Bencivengo to discuss deposition scheduling issues. The conference shall be telephonic, with attorneys only. Counsel for plaintiff Hammes shall coordinate and initiate the conference call.(aet)
October 21, 2010 Filing 35 NOTICE of Appearance by Cyrus C. Chen on behalf of HC Tri-City I, LLC, Hammes Company Healthcare, LLC (Attachments: #1 Proof of Service)(Chen, Cyrus) (lmt).
October 19, 2010 Opinion or Order Filing 34 ORDER granting #33 Joint Motion for Order Modifying Case Management Conference Order: The Final Pretrial Conference is set for 9/8/2011 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. A Mandatory Settlement Conference is set for 3/14/2011 at 02:00 PM in the chambers of Magistrate Judge Cathy Ann Bencivengo. Memorandum of Contentions of Fact and Law due by 8/11/2011. Proposed Pretrial Order due by 9/1/2011. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/19/10. (lmt)(mam).
October 15, 2010 Filing 33 Joint MOTION for Order Modifying Case Management Conference Order by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (lmt).
October 13, 2010 Filing 32 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference was held on 10/13/2010. Order issued [Doc. No. 31].(aet) Modified on 10/26/2010 to correct filing date (lmh).
October 13, 2010 Opinion or Order Filing 31 ORDER Following 10/13/10 Status Conference: A Status Conference was held 10/13/10. Defendant's 26 motion to compel, scheduled to be heard 11/1/10 is withdrawn without prejudice and can be renewed if necessary. The clerk of the court is to strike the motion to compel from the docket and vacate the discovery conference set for 11/1/10. The Court finds good cause to modify the scheduling order and the parties are directed to submit a joint proposal to modify the dates no later than 10/18/10. Signed by Magistrate Judge Cathy Ann Bencivengo on 10/13/10.(lmt) (av1).
October 8, 2010 Filing 30 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference is set for 10/13/2010 at 11:00 AM before Magistrate Judge Cathy Ann Bencivengo to discuss various discovery issues. The conference shall be telephonic, with attorneys only. Counsel for plaintiffs shall coordinate and initiate the conference call.(aet)
October 8, 2010 Filing 29 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: At the request of the plaintiff, and with the consent of defendants, the Discovery Hearing set for 10/18/10 regarding defendants' motion to compel [Doc. No. 26] has been CONTINUED to 11/1/2010 at 10:30 AM before Magistrate Judge Cathy Ann Bencivengo. The hearing shall be telephonic, with attorneys only. Counsel for defendants shall coordinate and initiate the conference call. Opposition to the motion to compel shall be filed on or before 10/26/2010. Reply to the opposition shall be filed on or before 10/29/10.(aet)
October 4, 2010 Filing 28 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Due to a calendar conflict and on the Court's own motion, the time of the discovery conference currently scheduled for October 18, 2010 shall be MOVED to 10:30 a.m. The conference shall be telephonic, with attorneys only. Counsel for defendant Tri-City Healthcare District shall coordinate and initiate the conference call. The deadlines for briefing remain the same. (ma)
October 1, 2010 Filing 27 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Discovery Hearing is set for 10/18/2010 at 03:00 PM before Magistrate Judge Cathy Ann Bencivengo with regard to defendant's motion to compel discovery [Doc. No. 26]. The hearing shall be telephonic, with attorneys only. Counsel for defendant Tri-City Healthcare District shall coordinate and initiate the conference call. Opposition to the motion to compel shall be filed on or before 10/12/10. Reply to the opposition shall be filed on or before 10/15/10.(aet)
October 1, 2010 Filing 26 DOCUMENT STRICKEN PER #31 ORDER - Ex Parte MOTION for Discovery by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Attachments: # 1 Declaration Declaration of Jeffrey Lewis in Support of Ex Parte Application)(Lewis, Jeffrey) (lmt). Modified to strike document and term motion on 10/13/2010 (lmt).
September 27, 2010 Opinion or Order Filing 25 ORDER granting #24 Joint Motion for Protective Order: Protective Order. Signed by Magistrate Judge Cathy Ann Bencivengo on 9/27/10. (lmt)(mam).
September 24, 2010 Filing 24 Joint MOTION for Protective Order by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Exhibit "A" - Protective Order, #2 Proof of Service)(Bournazian, J.) (QC Mailer re proposed order) (lmt).
September 20, 2010 Filing 23 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Status Conference re: Protective order held on 9/20/2010. Parties to submit a motion for protective order for the Court's consideration. (ma)
September 15, 2010 Filing 22 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: The Status Conference regarding the proposed protective order set for 9/20/2010 at 11:00 AM has been RESCHEDULED to 9/20/2010 at 09:30 AM before Magistrate Judge Cathy Ann Bencivengo. The conference shall be telephonic, with attorneys only. Counsel for plaintff shall coordinate and initiate the conference call.(aet)
September 15, 2010 Filing 21 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Status Conference is set for 9/20/2010 at 11:00 AM before Magistrate Judge Cathy Ann Bencivengo with regard to a proposed protective order. The conference shall be telephonic, with attorneys only. Counsel for plaintiff shall coordinate and initiate the conference call.(aet)
June 3, 2010 Opinion or Order Filing 20 Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: A Mandatory Settlement Conference will be held on 11/2/2010 at 02:00 PM in chambers before Magistrate Judge Cathy Ann Bencivengo. The Final Pretrial Conference will be held on 6/9/2011 at 01:30 PM in Courtroom 06 before Judge Janis L. Sammartino. Memorandum of Contentions of Fact and Law due by 5/12/2011. Proposed Pretrial Order due by 6/2/2011. Signed by Magistrate Judge Cathy Ann Bencivengo on 6/3/10.(mkz) (jrl).
June 3, 2010 Filing 19 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: A Case Management Conference was held on 6/3/2010. Scheduling order to follow.(aet)
April 20, 2010 Opinion or Order Filing 18 ORDER Following 4/19/10 Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: The Rule 26(f) conference shall be completed by 5/13/10. The date of initial disclosures shall occur before 5/27/10. A discovery plan shall be lodged by 5/27/10. A telephonic, attorneys only Case Management Conference will be held on 6/3/2010 at 01:30 PM before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 4/20/10.(mkz) (jrl).
April 19, 2010 Filing 17 Minute Entry for proceedings held before Magistrate Judge Cathy Ann Bencivengo: Early Neutral Evaluation Conference held on 4/19/2010. The case did not settle. Order to follow. (ma)
March 3, 2010 Opinion or Order Filing 16 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 4/19/2010 10:00 AM in Courtroom E before Magistrate Judge Cathy Ann Bencivengo. Signed by Magistrate Judge Cathy Ann Bencivengo on 3/3/2010.(tkl) (jrl).
March 1, 2010 Filing 15 ANSWER to #1 Complaint, by Larry Anderson, Pamela Smith, Tri-City Healthcare District.(Lewis, Jeffrey) (mkz).
January 28, 2010 Opinion or Order Filing 14 AMENDED ORDER: Granting in Part and Denying in Part #4 MOTION to Dismiss complaint filed by Tri-City Healthcare District, Larry Anderson, Pamela Smith. For the reasons stated herein, Defendants' Motion to Dismiss is granted in part and denied in part. Claims three and seven are dismissed without prejudice as against Defendants Anderson and Smith only. Claim five is dismissed with prejudice to the extent that it advances claims of intentional interference with section 30 of the space lease. If Plaintiff wishes to amend its complaint, it may do so within 21 days of the date this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 1/28/2010.(leh) (jrl).
January 27, 2010 Opinion or Order Filing 13 ORDER Granting in Part and Denying in Part Defendants' #4 Motion to Dismiss: Claims three and six are dismissed without prejudice as against Defendants Anderson and Smith only. Claim five is dismissed with prejudice to the extent that it advances claims of intentional interference with section 30 of the space lease. If Plaintiff wishes to amend its complaint, it may do so within twenty one days of the date this Order is electronically docketed. Signed by Judge Janis L. Sammartino on 1/27/10. (pdc) (jrl).
January 21, 2010 Opinion or Order Filing 12 ORDER Vacating Hearing: The 1/28/10 motion hearing is vacated and the #4 Motion to Dismiss is taken under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Signed by Judge Janis L. Sammartino on 1/21/10.(mkz) (jrl).
December 21, 2009 Filing 11 REPLY to Response to Motion re #4 MOTION to Dismiss complaint, #5 MOTION to Dismiss complaint filed by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (lao).
December 14, 2009 Filing 10 REQUEST for Judicial Notice in Support of RESPONSE re #4 MOTION to Dismiss complaint Request for Judicial Notice In Support of Opposition to Motion to Dismiss filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (mkz).
December 14, 2009 Filing 9 RESPONSE in Opposition re #4 MOTION to Dismiss complaint filed by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Attachments: #1 Proof of Service)(Bournazian, J.) (mkz).
November 24, 2009 Opinion or Order Filing 8 ORDER Granting #7 Ex Parte Application to Continue Opposition and Reply Deadlines re #4 Motion to Dismiss: Responses due by 12/14/2009, Replies due by 12/21/2009.Signed by Judge Janis L. Sammartino on 11/24/09. (mkz) (jrl).
November 23, 2009 Filing 7 Ex Parte MOTION for Extension of Time to File Opposition and Reply to Defendants' Motion to Dismiss by HC Tri-City I, LLC, Hammes Company Healthcare, LLC. (Bournazian, J.) (mkz).
November 13, 2009 Opinion or Order Filing 6 ORDER Setting Briefing Schedule: The Court set a hearing date of 1/28/10 for Defendants' #4 Motion to Dismiss. Responses due by 11/30/2009, Replies due by 12/7/2009. Signed by Judge Janis L. Sammartino on 11/13/09. (mkz) (jrl).
November 9, 2009 Filing 5 MEMORANDUM OF POINTS AND AUTHORITIES in Support of #4 MOTION to Dismiss complaint by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) Modified on 11/10/2009 to correct event, atty contacted (mkz).
November 9, 2009 Filing 4 MOTION to Dismiss complaint by Larry Anderson, Pamela Smith, Tri-City Healthcare District. (Lewis, Jeffrey) (mkz).
October 19, 2009 Filing 3 NOTICE of Certificate of Interested Parties by HC Tri-City I, LLC, Hammes Company Healthcare, LLC (mkz)
October 19, 2009 Filing 2 Summons Issued as to Larry Anderson, DOES, Pamela Smith, Tri-City Healthcare District. (mkz)
October 19, 2009 Filing 1 COMPLAINT with Jury Demand against Larry Anderson, Pamela Smith, Tri-City Healthcare District, and DOES ( Filing fee $ 350 receipt number 6411.), filed by Hammes Company Healthcare, LLC and HC Tri-City I, LLC. (Attachments: #1 Exhibit C)(jer) (av1).

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Search for this case: Hammes Company Healthcare, LLC et al v. Tri-City Healthcare District et al
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Plaintiff: HC Tri-City I, LLC
Represented By: Joseph L Chairez
Represented By: J. David Bournazian
Represented By: Rex S Heinke
Represented By: Cyrus C. Chen
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Plaintiff: Hammes Company Healthcare, LLC
Represented By: Joseph L Chairez
Represented By: J. David Bournazian
Represented By: Rex S Heinke
Represented By: Cyrus C. Chen
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Defendant: Larry Anderson
Represented By: George Rikos
Represented By: Jane Rothstein
Represented By: Jeffrey Lewis
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Defendant: Pamela Smith
Represented By: Jeffrey Lewis
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Defendant: DOES 1 through 100, Inclusive
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Defendant: Tri-City Healthcare District
Represented By: Jeffrey Lewis
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