Rubin v. Kaiser Foundation Health Plan, Inc. et al
| Steven A. Rubin |
| DOES 1 THROUGH 100 and Kaiser Foundation Health Plan, Inc. |
| 3:2010cv00407 |
| February 22, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Ruben B Brooks |
| M James Lorenz |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 cv |
| None |
Docket Report
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This docket was last retrieved on January 31, 2011. A more recent docket listing may be available from PACER.
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| Filing 18 CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that Defendant's Motion to Dismiss for Plaintiff's Failure to Prosecute and/or to Obey Court's May 24, 2010 Order was granted. The action was dismissed without prejudice. Defendant's Motion to Dismiss Plaintiff's Complaint or, Alternatively, for a More Definite Statement was denied as moot. (lmt)(mam). |
Filing 17
ORDER granting #14 Motion to Dismiss and finding as moot #2 Motion to Dismiss: This action is dismissed without prejudice. Signed by Judge M. James Lorenz on 1/31/11. (lmt)(mam).
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| Filing 16 Minute Entry for proceedings held before Judge M. James Lorenz: Motion Hearing held on 1/31/2011 re #14 MOTION to Dismiss For Plaintiff's Failure To Prosecute And/Or To Obey Court's May 24, 2010 Order filed by Kaiser Foundation Health Plan, Inc. Plaintiff and Plaintiff's Counsel not appearing. Case Dismissed without prejudice. Court to issue order.(Court Reporter Jeannette Hill).(Plaintiff Attorney Not appearing). (Defendant Attorney Seth Neulight). (smv) |
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Filing 15
NOTICE OF HEARING AND ORDER TO APPEAR. All counsel shall appear at the hearing on (Doc. #14 ) Defendant's Motion to Dismiss which shall be held on 1/31/2011 at 10:30 a.m. in Courtroom 14 before Judge M. James Lorenz. No later than 1/28/2011 Plaintiff's counsel shall file an affidavit stating the time and manner of delivery of this order to Plaintiff. Signed by Judge M. James Lorenz on 1/24/2011. (srm) (av1).
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| Filing 14 MOTION to Dismiss For Plaintiff's Failure To Prosecute And/Or To Obey Court's May 24, 2010 Order by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Def's Motion To Dismiss For Plaintiff's Failure to Prosecute and/or to Obey Court's May 24, 2010 Order, #2 Declaration of Seth Neulight in Support of Def's Motion To Dismiss For Plaintiff's Failure to Prosecute and/or To Obey Court's May 24, 2010 Order, #3 Proof of Service)(Neulight, Seth) (srm). |
| Filing 13 NOTICE by Kaiser Foundation Health Plan, Inc. of Plaintiff's Non-Compliance With Order On Order To Show Cause And Request For Dismissal Of Action (Neulight, Seth) (jpp). |
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Filing 12
ORDER on #7 Order to Show Cause: Plaintiff has established good cause and excusable neglect sufficient to grant his request for enlargement of time. However, because it appears that the amended complaint does not address the issues raised in Defendants motion to dismiss and in the interests of judicial efficiency, the amended complaint Plaintiff filed May 10, 2010 is REJECTED. No later than seven (7) days after this order is filed, counsel for both parties shall meet and confer in person regarding the remaining defects in the amended complaint. Plaintiff is granted twenty-one (21) days from the date this order is filed to either file an opposition to Defendants motion to dismiss or an amended complaint which addresses the issues raised in the motion to dismiss. Signed by Judge M. James Lorenz on 5/24/2010.(mjj) (jrl).
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| Filing 11 CERTIFICATE OF SERVICE by Steven A. Rubin re #9 MOTION to Amend/Correct (Pedersdotter, Deb) (mjj) |
| Filing 10 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re #8 Declaration, (Neulight, Seth) (mjj) |
| Filing 9 Declaration Pursuant to #7 Order to Show Cause - filed as: MOTION to Amend/Correct by Steven A. Rubin. (Attachments: #1 Declaration)(Pedersdotter, Deb) Modified on 5/18/2010 sent email re event and instructing to file proof of service (mjj) |
| Filing 8 DECLARATION of Seth L. Neulight Pursuant to Court Order of May 12, 2010 Re: Plaintiff's Untimely Filing of Amended Complaint by Defendant Kaiser Foundation Health Plan, Inc.. (Neulight, Seth) Modified on 5/18/2010 - sent email instructing to file proof (mjj) |
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Filing 7
ORDER TO SHOW CAUSE: Plaintiff is hereby ORDERED TO SHOW CAUSE why the amended complaint should not be stricken. Plaintiff's response to this order due by 5/17/2010. Defendant's affidavit re untimely amended complaint due by 5/17/2010. Defendant's response to Plaintiff's filing due by 5/20/2010. Signed by Judge M. James Lorenz on 5/12/2010.(mjj) (jrl).
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| Filing 6 AMENDED COMPLAINT against DOES 1 THROUGH 100, Kaiser Foundation Health Plan, Inc., filed by Steven A. Rubin. (Attachments: #1 Exhibit Exhibit "A")(Pedersdotter, Deb)(tkl). |
| Filing 5 CERTIFICATE OF SERVICE by Steven A. Rubin re #4 Non Opposition to Motion To Dismiss Plaintiff's Complaint (Pedersdotter, Deb) (mjj) |
| Filing 4 NON Opposition re #2 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, for a More Definite Statement filed by Steven A. Rubin. (Pedersdotter, Deb) Modified on 5/5/2010 - sent email instructing to file proof of service (mjj) |
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Filing 3
ORDER Re: Oral Argument: Motions Submitted #2 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, for a More Definite Statement. The court finds this unopposed motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required on May 10, 2010 and the motion will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 5/3/2010.(mjj) (jrl).
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| Filing 2 MOTION to Dismiss Plaintiff's Complaint or, Alternatively, for a More Definite Statement by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss or, Alternatively, for a More Definite Statement, #2 Declaration of Seth Neulight and Exhs. A, B, and C thereto, #3 Proof of Service)(Frankel, Matthew) Modified on 3/16/2010 - sent email re signatures and exhibits (mjj) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of The State of California, County of San Diego - Central, case number 37-2009-00101073-CU-WT-CTL. ( Filing fee $ 350 Receipt number 10414). Filed by Kaiser Foundation Health Plan, Inc.. (Atty Maint)(sjt) (av1). |
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