Gonzales et al v. Fresenius Medical Care Holdings et al
| Yolanda Gonzales and Alberto Munguia |
| Fresenius Medical Care Holdings a New York corporation doing business as Fresenius Medical Care North America, Fresenius Vascular Care, Inc., American Access Care of San Diego, LLC, American Access Care of Southern California, LLC and Does 1-50 |
| 3:2015cv00735 |
| April 3, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| M James Lorenz |
| Bernard G Skomal |
| Labor: Other |
| 28 U.S.C. § 1441 lm |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 15, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 30
ORDER of USCA in USCA Case Number 16-80135. The petition for permission to appeal pursuant to 28 U.S.C. 1453(c) is denied. (akr)
|
| Filing 29 USCA Case Number 16-80135 for Petition for Permission to Appeal under 1453(c) filed by Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc., American Access Care of San Diego, LLC, American Access Care of Southern California, LLC. (akr) |
|
Filing 28
ORDER granting #15 Motion to Remand to State Court (Certified copy sent to State Court via US Mail Service). Signed by Judge M. James Lorenz on 9/15/2016. (sjt) (jao).
|
| Filing 27 RESPONSE in Opposition re #24 MOTION for Judgment on the Pleadings FRCP (12(c)) filed by Yolanda Gonzales. (Attachments: #1 Request for Judicial Notice RJN, #2 Proof of Service POS)(Belong, Tyler) (sjt). |
|
Filing 26
ORDER granting #25 Joint Motion to Continue New Hearing Date on #24 Motion for Judgment on the Pleadings. Responses due by 9/12/2016 Replies due by 9/26/2016. Hearing date: October 3, 2016 at 10:30 a.m. Signed by Judge M. James Lorenz on 9/2/2016. (sjt)
|
| Filing 25 Joint MOTION to Continue Hearing Date and Briefing Schedule for Defendants' Motion for Judgment on the Pleadings (FRCP 12(c)) (Docket # 24) by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Proof of Service)(Stern, David) (sjt). |
| Filing 24 MOTION for Judgment on the Pleadings FRCP (12(c)) by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Their Motion for Judgment on the Pleadings (FRCP 12(c)), #2 Request for Judicial Notice In Support of Defendants' Motion for Judgment on the Pleadings (FRCP 12(c)), #3 Table of Contents, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Proof of Service)(Stern, David) (sjt). |
|
Filing 23
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re #22 Notice (Other),, from Defendants American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. Non-compliance with local rule(s), Civ. L. Rule 7.1: Supplemental motion briefs require prior leave of Court, ECF 2(g)(2): Documents in Support of Motions must be filed as attachments to the Motion. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 5/10/2016.(sjt)
|
| Filing 22 NOTICE OF SUPPLEMENTAL AUTHORITY by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. re #12 MOTION to Dismiss the Second Amended Class Action Complaint and Motion to Strike (Attachments: #1 Proof of Service)(Stern, David) (sjt). |
| Filing 21 RESPONSE re #20 Reply to Response to Motion and Plaintiff's Evidentiary Objections to Evidence Defendants Submitted With Opposition to Plaintiffs' Motion for Remand to State Court of San Diego County filed by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Proof of Service)(Stern, David) (sjt). |
| Filing 20 REPLY to Response to Motion re #15 MOTION to Remand to State Court filed by Yolanda Gonzales, Alberto Munguia. (Attachments: #1 Supplement, #2 Proof of Service)(Dodds, Bryce) (sjt). |
| Filing 19 REPLY to Response to Motion re #12 MOTION to Dismiss the Second Amended Class Action Complaint and Motion to Strike filed by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Request for Judicial Notice (Supplemental), #2 Exhibit Exhibits L and M to Supplemental Request for Judicial Notice, #3 Proof of Service)(Stern, David) (sjt). |
| Filing 18 RESPONSE in Opposition re #15 MOTION to Remand to State Court filed by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Declaration of Brian Silva, #2 Declaration of Mike Honeycutt, #3 Declaration of David H. Stern, #4 Table of Contents to Stern Declaration, #5 Exhibit A to Stern Declaration, #6 Exhibit B to Stern Declaration, #7 Exhibit C to Stern Declaration, #8 Exhibit D to Stern Declaration, #9 Exhibit E to Stern Declaration, #10 Exhibit F to Stern Declaration, #11 Exhibit G to Stern Declaration, #12 Exhibit H to Stern Declaration, #13 Exhibit I to Stern Declaration, #14 Exhibit J to Stern Declaration, #15 Exhibit K to Stern Declaration, #16 Proof of Service)(Stern, David) (sjt). |
| Filing 17 RESPONSE in Opposition re #12 MOTION to Dismiss the Second Amended Class Action Complaint and Motion to Strike filed by Yolanda Gonzales, Alberto Munguia. (Attachments: #1 Request for Judicial Notice, #2 Exhibits, #3 Proof of Service)(Belong, Tyler) (sjt). |
|
Filing 16
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re #15 MOTION to Remand to State Court , from Plaintiffs Yolanda Gonzales, Alberto Munguia. Non-compliance with local rule(s), ECF 2(k): Exhibits to Declarations not filed as attachments. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 5/5/2015.(sjt)
|
| Filing 15 MOTION to Remand to State Court by Yolanda Gonzales, Alberto Munguia. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Tyler J. Belong, #3 Declaration of Jeffrey L. Hogue, #4 Request for Judicial Notice, #5 Exhibit 1 to RJN, #6 Exhibit 2 to RJN, #7 Exhibit 3 - 14 RJN, #8 Proof of Service)(Hogue, Jeffrey) (sjt). |
|
Filing 14
ORDER granting in part and denying in part #9 Motion to Continue. Signed by Magistrate Judge Bernard G. Skomal on 4/21/2015. (no document attached) (asz)
|
| Filing 13 Minute Entry for proceedings held before Magistrate Judge Bernard G. Skomal: Due to the pending motion to dismiss and motion to strike, the Court VACATES the scheduled ENE and CMC. The Court will reset the conferences after reviewing the decision on the pending motions.(no document attached) (asz) |
| Filing 12 MOTION to Dismiss the Second Amended Class Action Complaint and Motion to Strike by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Proof of Service of Notice of Motion and Motion to Dismiss, #2 Memo of Points and Authorities in Support of Motion to Dismiss, #3 Proof of Service of Memo of Points and Authorities, #4 Request for Judicial Notice in Support of Motion to Dismiss, #5 Proof of Service of Request for Judicial Notice, #6 Table of Contents of Exhibits to Request for Judicial Notice, #7 Exhibit A to Request for Judicial Notice, #8 Exhibit B to Request for Judicial Notice, #9 Exhibit C to Request for Judicial Notice, #10 Exhibit D to Request for Judicial Notice, #11 Exhibit E to Request for Judicial Notice, #12 Exhibit F to Request for Judicial Notice, #13 Exhibit G to Request for Judicial Notice, #14 Exhibit H to Request for Judicial Notice, #15 Exhibit I to Request for Judicial Notice, #16 Exhibit J to Request for Judicial Notice, #17 Exhibit K to Request for Judicial Notice, #18 Proof of Service of Exhibits to Request for Judicial Notice)(Stern, David) (sjt). |
|
Filing 11
Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re #10 MOTION to Dismiss the Second Amended Class Action Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6) and Motion to Strike (FRCP 12(f), from Defendants American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. Non-compliance with local rule(s), ECF 2(k): Exhibits not filed as separate attachment. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 4/13/2015.(sjt) (Additional attachment(s) added on 4/13/2015: #1 Rejected Document) (sjt).
|
| Filing 10 **DOCUMENT STRICKEN PER ORDER #11 ** MOTION to Dismiss the Second Amended Class Action Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6) and Motion to Strike (FRCP 12(f) by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: # 1 Proof of Service of Notice of Motion and Motion to Dismiss The Second Amended Class Action Complaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(b)(6)) and Motion to Strike (FRCP 12(f), # 2 Memo of Points and Authorities in Support of Motion to Dismiss the Second Amended Class Action Complaint and Motion to Strike, # 3 Proof of Service of Memo of Points and Authorities, # 4 Request for Judicial Notice in Support of Motion to Dismiss and Motion to Strike, # 5 Proof of Service of Request for Judicial Notice)(Stern, David) (sjt). (Main Document 10 replaced on 4/13/2015) (sjt). Modified to strike on 4/13/2015 (sjt). |
| Filing 9 Joint MOTION to Continue Early Neutral Evaluation Conference to May 1, 2015 by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc.. (Attachments: #1 Declaration of David H. Stern, #2 Proof of Service)(Stern, David) (sjt). |
| Filing 8 RESPONSE re #4 Notice of Related Case, filed by Yolanda Gonzales, Alberto Munguia. (Attachments: #1 Proof of Service)(Belong, Tyler) (sjt). |
|
Filing 7
NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 4/24/2015 01:30 PM before Magistrate Judge Bernard G. Skomal. Signed by Magistrate Judge Bernard G. Skomal on 4/6/2015.(sjt)
|
| Filing 6 CERTIFICATE OF SERVICE of Removal Documents Filed with Superior Court by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. re 1 Notice of Removal (Attachments: #1 Exhibit A, #2 Proof of Service)(Stern, David) Modified on 4/7/2015 (sjt). |
| Filing 5 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge. The new case number is 15cv0735-L.(no document attached) (fth) |
| Filing 4 NOTICE OF RELATED CASE(S) by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. of case(s) 12CV2488. Proposed Low Number Order not prepared - does not meet criteria for low number, 12CV2488-JM(WMC) closed 10/15/2013. (jpp) |
| Filing 3 NOTICE of Party With Financial Interest by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. (acc)(jrd) |
| Filing 2 Corporate Disclosure Statement by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. identifying Other Affiliate Fresenius Medical Care AG & Co. KGaA for Fresenius Medical Care Holdings; Corporate Parent Fresenius Medical Care Holdings, Inc. for Fresenius Vascular Care, Inc.; Corporate Parent Fresenius Vascular Care, Inc. for American Access Care of San Diego, LLC, American Access Care of Southern California, LLC.. (acc)(jrd) |
| Filing 1 ANSWER to Complaint (Notice of Removal) by American Access Care of San Diego, LLC, American Access Care of Southern California, LLC, Fresenius Medical Care Holdings, Fresenius Vascular Care, Inc. (no document attached)(acc)(acc)(jrd) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
