Merziotis v. Kaiser Foundation Health Plan, Inc. et al
| George Merziotis |
| DOES 1 through 20, Inclusive and Kaiser Foundation Health Plan, Inc. |
| 3:2010cv00686 |
| April 1, 2010 |
| US District Court for the Southern District of California |
| San Diego Office |
| Larry Alan Burns |
| Bernard G Skomal |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 41
ORDER granting #39 Joint Motion to Dismiss Case with prejudice; the parties shall bear their own fees and costs; Signed by Judge Larry Alan Burns on 1/10/12. (kaj) (cap).
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| Filing 40 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: The Court vacates the Settlement Disposition Conference set for 12/30/2011, as the parties filed a joint motion to dismiss on 12/28/2011. (alg) |
| Filing 39 Joint MOTION to Dismiss by George Merziotis. (Tower, John) (lmt). |
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Filing 38
ORDER; Mandatory Settlement Conference held on 11/14/11; a Joint Motion for Dismissal must be electronically filed on or before December 29, 2011; telephonic Settlement Disposition Conference set for 12/30/2011 01:30 PM before Magistrate Judge Bernard G. Skomal; Signed by Magistrate Judge Bernard G. Skomal on 11/14/11.(kaj)
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| Filing 37 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Mandatory Settlement Conference held on 11/14/2011. The case settled. Order Scheduling Settlement Disposition Conference to follow. (Plaintiff Attorney John Tower). (Defendant Attorney Gabriel Benrubi). (alg) |
| Filing 36 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: A Mandatory Settlement Conference will be held on 11/14/2011 at 02:00 PM before Magistrate Judge Bernard G. Skomal, at 101 W. Broadway, Suite 1100, San Diego, CA.(alg) |
| Filing 35 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: At the request of counsel for Defendant due to an unforeseen personal emergency, the Court vacates the Mandatory Settlement Conference ("MSC") set for 11/2/2011. Counsel for both parties shall jointly contact Judge Skomal's chambers no later than November 7, 2011 to discuss re-scheduling the MSC. (alg) |
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Filing 34
ORDER granting plaintiff's #25 Motion for Partial Summary Judgment. Signed by Judge Larry Alan Burns on 10/4/11. (kaj)
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| Filing 33 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: In light of the pending motion for partial summary judgment, the Court finds it appropriate to continue the Mandatory Settlement Conference set for 9/29/2011 to 11/2/2011 at 02:00 PM before Magistrate Judge Bernard G. Skomal. Any supplemental MSC statements are due no later than five court days prior to the MSC and may be lodged by emailing them to efile_Skomal@casd.uscourts.gov. (alg) |
| Filing 32 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: The parties have requested that the Mandatory Settlement Conference set for 9/29/2011 start at 10:00 AM due to Kaiser's representative's train arriving at 8:58 a.m. The Court grants the parties' request in part. The MSC shall begin at 09:30 AM before Magistrate Judge Bernard G. Skomal. Half an hour should be more than sufficient time for Mr. Lee to travel from the train station to Judge Skomal's chambers. (alg) |
| Filing 31 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: In light of the unavailability of counsel, the Court continues the Mandatory Settlement Conference set for 9/7/2011 to 9/29/2011 at 09:00 AM before Magistrate Judge Bernard G. Skomal.(alg) |
| Filing 30 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: In light of the pending motion for partial summary judgment, the Court finds it appropriate to continue the Mandatory Settlement Conference set for 8/3/2011 to 9/7/2011 at 02:00 PM before Magistrate Judge Bernard G. Skomal. The parties may submit supplemental confidential settlement statements no later than five court days prior to the MSC to reflect any change in settlement position. Any supplemental statement should be lodged with Judge Skomal by emailing it to efile_Skomal@casd.uscourts.gov. (alg) |
| Filing 29 Minute Entry by Chambers of Judge Larry Alan Burns on 7/6/2011: Currently on calendar for Monday, July 11, 2011 at 11:15 a.m. is a hearing on the Defendant's motion for partial summary judgment #25 . Pursuant to Civil Local Rule 7.1(d)(1), the Court finds this motion suitable for decision without oral argument. Accordingly, the hearing is taken off calendar and the motion is taken under submission. No appearances will be required on July 11, 2011.(Court Reporter N/A).(Plaintiff Attorney N/A). (Defendant Attorney N/A). (kaj) |
| Filing 28 Joint Separate Statement of Facts In Support of Motion for Summary Adjudication of Issue of Standard of Review by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Proof of Service)(Benrubi, Gabriel) (kaj). |
| Filing 27 REPLY to Response to Motion re #25 Motion for Partial Summary Judgment/Summary Adjudication filed by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Proof of Service)(Benrubi, Gabriel) Modified on 7/5/2011 to edit text (kaj). |
| Filing 26 RESPONSE in Opposition re #25 MOTION for Partial Summary Judgment MOTION for Summary Adjudication of the Issue of Standard of Review Under ERISA Memorandum of Points and Authorities filed by George Merziotis. (Attachments: #1 Proof of Service of Memorandum of Points and Authorities in Opposition to Defendant Kaisers Motion for Summary Adjudication)(Tower, John) Modified on 6/24/2011 - Removed duplicative text. (mdc) |
| Filing 25 MOTION for Partial Summary Judgment, MOTION for Summary Adjudication of the Issue of Standard of Review Under ERISA by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Partial Summary Judgment/Summary Adjudication of the Issue of Standard of Review Under ERISA, #2 Exhibits 1 and 2 to Points and Authorities in Support Thereof, #3 Notice of Lodgment, #4 Declaration of Maria Borje-Bonkowski in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Partial Summary Judgment/Summary Adjudication, #5 Proof of Service)(Benrubi, Gabriel) (kaj). |
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Filing 24
ORDER granting #23 Joint Motion for Protective Order as Modified by the Court. Signed by Magistrate Judge Bernard G. Skomal on 4/12/11. (kaj)(jrd)
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| Filing 23 MOTION for Protective Order filed jointly by Defendant Kaiser and by George Merziotis. (Attachments: #1 Proposed Order, #2 Proof of Service Proof of Service of Joint Motion for Protecive Order)(Tower, John)(kaj). |
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Filing 22
Case Management Conference ORDER Regulating Discovery and Other Pretrial Proceedings: Mandatory Settlement Conference set for 8/3/2011 02:00 PM in the chambers of Magistrate Judge Bernard G. Skomal. Neither party is required to file a Memorandum of Contentions of Fact and Law at any time. The parties shall submit a Proposed Pretrial Order by the time and date specified by Civil Local Rule 16.1(f)(6)(b). Final Pretrial Conference set for 3/26/2012 11:45 AM in Courtroom 09 before Judge Larry Alan Burns. Signed by Magistrate Judge Bernard G. Skomal on 3/21/11.(rlu) (mam).
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| Filing 21 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Case Management Conference held on 3/18/2011. Written scheduling order to follow. (Plaintiff Attorney John Tower). (Defendant Attorney Gabriel Benrubi). (alg) |
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Filing 20
Order Following ENE, Setting Rule 26 Compliance, and Notice of Case Management Conference. Early Neutral Evaluation Conference held on 1/31/11. Case Management Conference set for 3/18/2011 01:30 PM in Courtroom 12 before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 1/31/11.(kaj) (av1).
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Early Neutral Evaluation Conference held on 1/31/2011. The case did not settle. Written order to follow. (Plaintiff Attorney John Tower). (Defendant Attorney Gabriel Benrubi). (alg) |
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Filing 18
NOTICE AND ORDER for Early Neutral Evaluation Conference; Early Neutral Evaluation set for 1/31/2011 09:00 AM before Magistrate Judge Bernard G. Skomal, at 101 W. Broadway, Suite 1100, San Diego, CA; Signed by Magistrate Judge Bernard G. Skomal on 12/16/10.(kaj) (jrl). Modified on 1/25/2011 to correct location of ENE; regenerated NEF (kaj).
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| Filing 17 Corrected ANSWER to #6 Amended Complaint by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Exhibit, #2 Notice of Errata, #3 Proof of Service)(Benrubi, Gabriel) Modified on 12/7/2010 to modify text (kaj)(jrd) |
| Filing 16 ANSWER to #6 Amended Complaint by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Exhibit, #2 Proof of Service)(Benrubi, Gabriel) (kaj). |
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Filing 15
ORDER on Motion to Dismiss; this is manifestly an ERISA case, and, accordingly, Merziotis may proceed with his claim for relief under 29 U.S.C. 1132; Kaiser's motion to dismiss #9 is therefore granted; Signed by Judge Larry Alan Burns on 11/22/10. (kaj) (jrl).
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| Filing 14 Minute Entry by chambers of Judge Larry Alan Burns: Currently on calendar for Tuesday, July 6, 2010 at 11:15 a.m. is a hearing on Defendants motion to dismiss #9 . Pursuant to Civil Local Rule 7.1(d)(1), the Court finds this motion suitable for decision without oral argument. Accordingly, the hearing is taken off calendar and the motion is taken under submission. No appearances will be required on July 6, 2010.(Court Reporter N/A). (Plaintiff Attorney N/A). (Defendant Attorney N/A). (kaj) (jrl). |
| Filing 13 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re #12 Reply to Response to Motion (Condon, Brian) (kaj). |
| Filing 12 REPLY to Response to Motion re #9 MOTION to Dismiss Preempted Claims in First Amended Complaint filed by Kaiser Foundation Health Plan, Inc.. (Condon, Brian) qc mail sent re cert of service(kaj). |
| Filing 11 RESPONSE in Opposition re #9 MOTION to Dismiss Preempted Claims in First Amended Complaint Memorandum of Points and Authorities in Opposition to Motion to Dismiss filed by George Merziotis. (Attachments: #1 Proof of Service)(Tower, John) qc mail sent re s/signature on 6/21/10 (kaj). |
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Filing 10
Transfer ORDER: Magistrate Judge William V. Gallo is no longer assigned to case and Magistrate Judge Bernard G. Skomal is now assigned to the case. The new case number is 10cv686-LAB(BGS). Signed by Magistrate Judge William V. Gallo on 6/2/10.(mam)
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| Filing 9 MOTION to Dismiss Preempted Claims in First Amended Complaint by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial, #3 Declaration Webb Part 1 of 2, #4 Declaration Webb Part 2 of 2, #5 Proof 5-14-2010)(Condon, Brian) Modified title (pdc). |
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Filing 8
ORDER on Defendant's #3 Motion to Dismiss: Kaiser's motion to dismiss is moot, and it has 21 days from the date Merziotis amended his complaint to file a responsive pleading. If Kaiser elects to file a second motion to dismiss, it may contact chambers for a new hearing date. Signed by Judge Larry Alan Burns on 4/26/10. (pdc) (jrl).
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| Filing 7 RESPONSE in Opposition re #3 MOTION to Dismiss Preempted Claims filed by George Merziotis. (Attachments: #1 Proof of Service)(Tower, John) Atty contacted re s/ (pdc). |
| Filing 6 FIRST AMENDED COMPLAINT with Jury Demand against DOES, Kaiser Foundation Health Plan, Inc., filed by George Merziotis. (Attachments: #1 Proof of Service)(Tower, John) Modified title. Atty contacted re s/ (pdc). |
| Filing 5 NOTICE of Appearance by Gabriel M Benrubi on behalf of Kaiser Foundation Health Plan, Inc. (Attachments: #1 Proof of Service)(Benrubi, Gabriel) (mkz). |
| Filing 4 CERTIFICATE of Counsel re #1 Notice of Removal, Certificate of Compliance with Requirement to Give Notice of Removal by Brian K Condon on behalf of Kaiser Foundation Health Plan, Inc. (Condon, Brian) (lao). |
| Filing 3 MOTION to Dismiss Preempted Claims by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memo of Points and Authorities supporting Motion to Dismiss Preempted Claims, #2 Declaration of Thomas Webb supporting Motion to Dismiss Preempted Claims (part 1 of 2), #3 Declaration supporting Motion to Dismiss Preempted Claims (part 2 of 2), #4 Proof of Service re Motion to Dismiss Preempted Claims dated 4-8-2010)(Condon, Brian) emailed Attny re s/signature (lao). |
| Filing 2 Disclosure Statement and Notice of Party With Financial Interest, by Kaiser Foundation Health Plan, Inc. (pdc) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court Of The State Of California County Of San Diego - Central, case number 37-2010-00086345-CU-IC-CTL. ( Filing fee $ 350 Receipt number 11735), filed by Kaiser Foundation Health Plan, Inc.(mtb) (jcj). |
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