Ketayi et al v. Health Enrollment Group et al
| Miryam Ketayi and Eric Ketayi |
| Axis Specialty U.S. Services, Inc., Health Plan Intermediaries Holdings, LLC, Health Insurance Innovations Holdings, Inc., First Health Group, Corp., Juanita Nicolucci, Marc Munoz, Liberty Health, Kevin Romero, Administrative Concepts, Inc., Axis, Health Enrollment Group, Alliance for Consumers USA, Axis a Bermuda corporation doing business as Axis Insurance Company, Cost Containment Group, Inc. and Ocean Consulting Group, Inc. |
| 3:2020cv01198 |
| June 26, 2020 |
| US District Court for the Southern District of California |
| Karen S Crawford |
| Gonzalo P Curiel |
| Other Fraud |
| 28 U.S.C. § 1332 oc |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2023. A more recent docket listing may be available from PACER.
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Filing 176
Ex Parte MOTION to Set Aside Default by Alliance for Consumers USA. (Attachments: #1 Declaration of T. Horton)(Horton, Timothy)Attorney Timothy Alan Horton added to party Alliance for Consumers USA(pty:dft) (dlg).
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Filing 175
NOTICE of Vacated Hearing(s) : Motion Hearing set for 11/19/21 - VACATED. Court to issue written order. (no document attached) (ksr)
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Filing 174
MOTION Leave To Appear Telephonically or by Videoconference at November 19, 2021 Hearing by Health Enrollment Group. (Eng, Kevin) (dlg).
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Filing 173
ORDER Granting #172 Leave to Non-Arguing Counsel to Attend Motions Hearing by Telephone. Signed by Judge Gonzalo P. Curiel on 11/15/21. (dlg)
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Filing 172
MOTION to permit non-arguing counsel to attend Nov. 19 hearing by telephone by Axis, Axis Specialty U.S. Services, Inc.. (Baker, Adya)
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Filing 171
ORDER Resetting Hearing Date re #153 MOTION to Dismiss Third Amended Complaint : Motion Hearing reset for 11/19/2021 at 1:30 PM before Judge Gonzalo P. Curiel.Signed by Judge Gonzalo P. Curiel on 10/20/21.(dlg)
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Filing 170
REPLY to Response to Motion re #153 MOTION to Dismiss Third Amended Complaint filed by Ocean Consulting Group, Inc.. (McGill, Brenna) (dlg).
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Filing 169
Minute Order Resetting Early Neutral Evaluation and Case Management Conference (ENE/CMC). Due to a conflict in the Courts calendar, the ENE/CMC currently set for December 9, 2021 is hereby reset to December 14, 2021 at 9:30 a.m. The parties' Joint Discovery Plan shall be filed, and the parties confidential ENE statements shall be lodged, on or before December 7, 2021. All other instructions and mandatory procedures set forth in the Court's Notice and Order setting the ENE/CMC [Doc. No. 141] remain in effect. Any questions regarding the ENE/CMC may be directed to the Court's staff at 619-446-3964. (Case Management Conference set for 12/14/2021 09:30 AM before Magistrate Judge Karen S. Crawford., Early Neutral Evaluation set for 12/14/2021 09:30 AM before Magistrate Judge Karen S. Crawford.)(no document attached) (src)
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Filing 168
REPLY to Response to Motion re #143 MOTION to Dismiss for Lack of Jurisdiction filed by Cost Containment Group, Inc.. (Ahern, Jared) (dlg).
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Filing 167
REPLY to Response to Motion re #142 MOTION to Dismiss the Third Amended Complaint (Partially) filed by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (dlg).
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Filing 166
REPLY to Response to Motion re #142 MOTION to Dismiss the Third Amended Complaint (Partially), #145 MOTION for Judgment on the Pleadings and Joinder in Motion to Partially Dismiss [Doc. 142] filed by Administrative Concepts, Inc.. (Lebedev, Gennady) (dlg).
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Filing 165
RESPONSE in Opposition re #153 MOTION to Dismiss Third Amended Complaint filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 164
NOTICE of Withdrawal of Opposition by Eric Ketayi re #163 Response in Opposition to Motion (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 163
RESPONSE in Opposition re #153 MOTION to Dismiss Third Amended Complaint filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 162
Clerk's ENTRY OF DEFAULT as to Alliance for Consumers USA (dlg)
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Filing 161
NOTICE for Entry of Default Against Defendant Alliance for Consumers USA by Eric Ketayi. (Attachments: #1 Declaration of Joanna L. Fox, #2 Proof of Service)(Fox, Joanna) (zda). Modified on 9/27/2021 to term motion (dlg).
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Filing 160
ORDER granting #159 Joint Motion for Continuance. Good cause appearing, and pursuant to the parties' stipulation, the Joint Motion for continuance of the deadline to exchange their initial Rule 26 disclosures is GRANTED. The parties shall exchange their initial disclosures by or before November 30, 2021. Signed by Magistrate Judge Karen S. Crawford on 9/23/2021. (no document attached) (src)
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Filing 159
Joint MOTION Continue the Parties' Rule 26 Disclosures re #141 Notice and Order for Early Neutral Evaluation conference, by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (jmo).
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Filing 158
RESPONSE in Opposition re #143 MOTION to Dismiss for Lack of Jurisdiction filed by Eric Ketayi. (Attachments: #1 Declaration of Joanna L. Fox, #2 Exhibit A to Declaration of Joanna L. Fox, #3 Proof of Service)(Fox, Joanna) (dlg).
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Filing 157
RESPONSE in Opposition re #145 MOTION for Judgment on the Pleadings and Joinder in Motion to Partially Dismiss [Doc. 142] filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (jmo).
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Filing 156
RESPONSE in Opposition re #142 MOTION to Dismiss the Third Amended Complaint (Partially) filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (jmo).
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Filing 155
ORDER Setting Briefing Schedule re #153 MOTION to Dismiss Third Amended Complaint : Responses due by 10/5/2021, Replies due by 10/19/2021. Motion Hearing set for 12/3/2021 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 9/7/21.(dlg)
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Filing 154
NOTICE of Setting Hearing Date for Motion to Partially Dismiss Third Amended Complaint by Ocean Consulting Group, Inc. re #153 MOTION to Dismiss Third Amended Complaint (McGill, Brenna)Attorney Brenna Jean McGill added to party Ocean Consulting Group, Inc.(pty:dft) (dlg).
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Filing 153
MOTION to Dismiss Third Amended Complaint by Ocean Consulting Group, Inc.. (Ahern, Jared) (dlg).
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Filing 152
ANSWER to #140 Answer to Amended Complaint,, Counterclaim, by Health Enrollment Group.(Eng, Kevin) (dlg).
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Filing 151
ANSWER to #140 Answer to Amended Complaint,, Counterclaim, by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC.(Roth, Michael) (dlg).
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Filing 150
Minute Entry Continuing Early Neutral Evaluation and Case Management Conference (ENE/CMC). In light of the pendency of several dispositive motions, the Court hereby continues the ENE/CMC currently set for September 27, 2021 to December 9, 2021 at 2:00 p.m. The parties' Joint Discovery Plan shall be filed on or before December 2, 2021. The parties' confidential ENE statements shall be lodged with Chambers on or before December 2, 2021. All other instructions and mandatory procedures set forth in the Court's Notice and Order setting the ENE/CMC remain in effect. Any questions regarding the ENE/CMC may be directed to the Court's staff at 619-446-3964. (Case Management Conference set for 12/9/2021 02:00 PM before Magistrate Judge Karen S. Crawford., Early Neutral Evaluation set for 12/9/2021 02:00 PM before Magistrate Judge Karen S. Crawford.)(no document attached) (src)
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Filing 149
ORDER Setting Briefing Schedule re #145 MOTION for Judgment on the Pleadings and Joinder in Motion to Partially Dismiss [Doc. 142] : Responses due by 9/16/2021, Replies due by 9/30/2021. A hearing on this matter is scheduled for November 19, 2021 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/27/21.(dlg)
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Filing 148
SUMMONS Returned Executed by Eric Ketayi. Alliance for Consumers USA served. (Fox, Joanna) (dlg).
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Filing 147
ORDER Granting #146 Motion for Extension of Time for Ocean Consulting Group, Inc. to Respond to Plaintiffs' Third Amended Complaint to September 3, 2021. Signed by Judge Gonzalo P. Curiel on 8/25/21. (dlg)
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Filing 146
Joint MOTION for Extension of Time to File Response/Reply as to #134 Amended Complaint,, by Ocean Consulting Group, Inc.. (Attachments: #1 Order Granting Joint Motion for Extension of Time for Defendant Ocean Consulting Group, Inc. to Respond to Plaintiffs' Third Amended Complaint)(Ahern, Jared)Attorney Jared Michael Ahern added to party Ocean Consulting Group, Inc.(pty:dft) (dlg).
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Filing 145
MOTION for Judgment on the Pleadings and Joinder in Motion to Partially Dismiss [Doc. 142] by Administrative Concepts, Inc.. (Lebedev, Gennady) (dlg).
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Filing 144
ORDER Setting Briefing Schedule on Motions to Dismiss Third Amended Complaint [Ecf. #142 #143 ]. Responses due by 9/16/2021. Replies due by 10/7/2021. Motion Hearing set for 11/19/2021 at 01:30 PM in Courtroom 2D before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 8/19/21.(sxa) (dlg).
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Filing 143
MOTION to Dismiss for Lack of Jurisdiction by Cost Containment Group, Inc.. (Attachments: #1 Declaration of Robert Hodes, #2 Order Granting Defendant Cost Containment Group, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction)(McGill, Brenna) (zda).
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Filing 142
MOTION to Dismiss the Third Amended Complaint (Partially) by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (zda).
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Filing 141
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation set for 9/27/2021 at 2:00 PM before Magistrate Judge Karen S. Crawford. Case Management Conference set for 9/27/2021 at 2:00 PM before Magistrate Judge Karen S. Crawford. Joint Discovery Plan due 9/20/2021. Signed by Magistrate Judge Karen S. Crawford on 8/13/21.(dlg)
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Filing 140
ANSWER to #134 Amended Complaint,, , COUNTERCLAIM against Alliance for Consumers USA, Cost Containment Group, Inc., Health Enrollment Group, Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC, Ocean Consulting Group, Inc. by Administrative Concepts, Inc.. (Attachments: #1 Counterclaim)(Lebedev, Gennady) (dlg).
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Filing 139
ANSWER to #134 Amended Complaint,, (Third) by Axis Specialty U.S. Services, Inc..(Harclerode, Kelsey) (dlg).
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Filing 138
ANSWER to #134 Amended Complaint,, (Third) by Axis.(Harclerode, Kelsey) (dlg).
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Filing 137
SUMMONS Returned Executed by Eric Ketayi. Ocean Consulting Group, Inc. served. (Fox, Joanna) (dlg).
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Filing 136
Order Granting Joint Motion for Extension of Time for Defendant Cost Containment Group, Inc. to Respond to Plaintiffs Third Amended Complaint #133 . IT IS HEREBY ORDERED that the motion is GRANTED. CCGs deadline to respond to the Third Amended Complaint is extended to and through August 18, 2021. Signed by Judge Gonzalo P. Curiel on 8/5/2021. (zda)
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Filing 135
Summons Issued re Third Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (zda)
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Filing 134
AMENDED COMPLAINT with Jury Demand against Administrative Concepts, Inc., Alliance for Consumers USA, Axis, Axis Specialty U.S. Services, Inc., Cost Containment Group Inc., Health Enrollment Group, Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC, filed by Eric Ketayi. (Attachments: #1 Redline Comparison (Second Amended Class Action Complaint / Third Amended Class Action Complaint), #2 Proof of Service)New Summons Requested. (Fox, Joanna) (zda).
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Filing 133
Joint MOTION for Extension of Time to File Response/Reply by Cost Containment Group Inc.. (McGill, Brenna)Attorney Brenna Jean McGill added to party Cost Containment Group Inc.(pty:dft) (zda).
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Filing 132
ORDER Granting #131 Health Plain Intermediaries Holdings, LLC and Health Insurance Innovations Holdings, Inc.'s, Motion for Extension of Time to Respond to the Amended Complaint to August 18, 2021. Signed by Judge Gonzalo P. Curiel on 7/21/21. (dlg)
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Filing 131
Joint MOTION for Extension of Time to File Answer re #95 Amended Complaint, (Second) by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael)
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Filing 130
ORDER Granting in Part and Denying in Part Defendant Administrative Concepts, Inc.'s Motion to Dismiss Counts 1,3,4,5, and 7 of the SAC; and Granting in Part and Denying in Part Defendants Health Plan Intermediaries Holdings, LLC and Health Insurance Innovations Holdings, Inc.'s Motion to Dismiss Counts 1,2,and 3 of the SAC (ECF Nos. #109 , #112 ). Signed by Judge Gonzalo P. Curiel on 7/8/21. (dlg)
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Filing 129
Minute ORDER, re #109 MOTION to Dismiss for Failure to State a Claim OF THE SECOND AMENDED COMPLAINT - Submitted, re #112 MOTION to Dismiss the Second Amended Complaint (Partially)- Submitted. Motion Hearing set for 7/9/21 - VACATED. (no document attached) (ksr)
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Filing 128
REPLY to Response to Motion re #112 MOTION to Dismiss the Second Amended Complaint (Partially) filed by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (dlg).
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Filing 127
REPLY to Response to Motion re #109 MOTION to Dismiss for Failure to State a Claim OF THE SECOND AMENDED COMPLAINT filed by Administrative Concepts, Inc.. (Lebedev, Gennady) (dlg).
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Filing 126
ORDER Granting #125 Third Joint Motion for Extension of Time for Cost Containment Group, Inc. to Respond to Plaintiff's Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 6/16/21. (dlg)
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Filing 125
Joint MOTION for Extension of Time to File Response/Reply as to #95 Amended Complaint, by Cost Containment Group Inc.. (Ahern, Jared) (dlg).
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Filing 124
RESPONSE in Opposition re #112 MOTION to Dismiss the Second Amended Complaint (Partially) filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 123
RESPONSE in Opposition re #109 MOTION to Dismiss for Failure to State a Claim OF THE SECOND AMENDED COMPLAINT filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 122
Exhibit to DECLARATION re #121 Declaration CORRECTED EXHIBIT A [ECF 121] by Plaintiff Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) qc email, and incorrect event selected (dlg).
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Filing 121
DECLARATION re #95 Amended Complaint, by Plaintiff Eric Ketayi. (Attachments: #1 Exhibit A to Declaration of Joanna L. Fox, #2 Proof of Service)(Fox, Joanna)
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Filing 120
ORDER Granting Second Joint #119 Motion for Extension of Time to for Defendant to Respond to Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 5/28/21. (dlg)
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Filing 119
Joint MOTION for Extension of Time to File Response/Reply as to #95 Amended Complaint, by Cost Containment Group Inc.. (Fredricks, Timothy)Attorney Timothy Weston Fredricks added to party Cost Containment Group Inc.(pty:dft) Modified on 5/26/2021 to send QC email for proposed order (dlg). Modified on 5/28/2021 to send QC email for proposed order (dlg).
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Filing 118
Clerk's ENTRY OF DEFAULT as to Alliance for Consumers USA (dlg)
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Filing 117
ORDER Setting Briefing Schedule re #109 , #112 MOTIONS to Dismiss Second Amended Complaint: Responses due by 6/11/2021, Replies due by 6/23/2021. Motion Hearing set for 7/9/2021 01:30 PM before Judge Gonzalo P. Curiel. Signed by Judge Gonzalo P. Curiel on 5/21/21.(dlg)
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Filing 116
ORDER Approving the Pro Hac Vice Application of David L. Balser, re #111 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 5/21/2021.(rmc)
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Filing 115
ANSWER to #95 Amended Complaint, by Health Enrollment Group.(Eng, Kevin)
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Filing 114
ANSWER to #95 Amended Complaint, by Axis Specialty U.S. Services, Inc..(Harclerode, Kelsey)
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Filing 113
ANSWER to #95 Amended Complaint, by Axis.(Harclerode, Kelsey) (dlg).
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Filing 112
MOTION to Dismiss the Second Amended Complaint (Partially) by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (dlg).
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Filing 111
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15751991.) (Application to be reviewed by Clerk.) (Balser, David) (rmc).
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Filing 110
Request for Entry of Clerk Default against Alliance for Consumers USA. (Attachments: #1 Declaration of Joanna L. Fox, #2 Proof of Service)(Fox, Joanna)
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Filing 109
MOTION to Dismiss for Failure to State a Claim OF THE SECOND AMENDED COMPLAINT by Administrative Concepts, Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Lebedev, Gennady) qc email re proposed order (dlg).
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Filing 108
ORDER Granting Joint #105 Motion for Extension of Time for Cost Containment Group Inc. to Respond to Second Amended Complaint by 6/1/2021. Signed by Judge Gonzalo P. Curiel on 5/18/21. (dlg)
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Filing 107
SUMMONS Returned Executed by Eric Ketayi. Alliance for Consumers USA served. (Fox, Joanna)
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Filing 106
SUMMONS Returned Executed by Eric Ketayi. Cost Containment Group Inc. served. (Fox, Joanna)
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Filing 105
Joint MOTION for Extension of Time to File Answer re #95 Amended Complaint, by Cost Containment Group Inc.. (Ahern, Jared)Attorney Jared Michael Ahern added to party Cost Containment Group Inc.(pty:dft)
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Filing 104
ORDER Granting Joint Motion #102 to Extend Time for Defendant Administrative Concepts, Inc. to Answer Second Amended Class Action Complaint to 5/21/2021. Signed by Judge Gonzalo P. Curiel on 5/12/21. (dlg)
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Filing 103
ORDER granting #101 Motion for Extension of Time to Respond to Complaint. Health Enrollment Group's deadline to Answer, Move, or Otherwise Respond to the Second Amended Class Action Complaint is hereby extended through and including May 21, 2021. Signed by Judge Gonzalo P. Curiel on 5/6/21. (dlg)
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Filing 102
Joint MOTION for Extension of Time to File Answer to Second Amended Complaint by Administrative Concepts, Inc.. (Lebedev, Gennady) Modified on 5/5/2021 to send QC email for proposed order (dlg).
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Filing 101
Joint MOTION for Extension of Time to File Answer or Otherwise Respond To Second Amended Complaint by Health Enrollment Group. (Eng, Kevin) (dlg).
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Filing 100
Order Granting Joint Motion to Extend Time for Defendants Axis d/b/a Axis Insurance Company and Axis Specialty U.S. Services, Inc. to Answer Second Amended Class Action Complaint #98 . Deadline is 5/21/2021. Signed by Judge Gonzalo P. Curiel on 5/3/21. (jmo)
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Filing 99
Order Granting Joint Motion to Extend Time for Defendants Health Plan Intermediaries Holdings, LLC and Health Insurance Innovations Holdings, Inc. to Answer, Move or Otherwise Respond to the Second Amended Class Action Complaint #97 . Deadline is 5/21/2021. Signed by Judge Gonzalo P. Curiel on 5/3/21. (jmo)
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Filing 98
Joint MOTION for Extension of Time to File Answer re #95 Amended Complaint, (Second) by Axis, Axis Specialty U.S. Services, Inc.. (Baker, Adya)
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Filing 97
Joint MOTION for Extension of Time to File Answer re #95 Amended Complaint, (Second) by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (jmo).
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Filing 96
Summons Issued re Second Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dlg)
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Filing 95
AMENDED COMPLAINT with Jury Demand against Administrative Concepts, Inc., Alliance for Consumers USA, Axis, Axis Specialty U.S. Services, Inc., Health Enrollment Group, Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC, filed by Eric Ketayi. (Attachments: #1 Proof of Service)New Summons Requested. (Fox, Joanna) (dlg).
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Filing 94
ORDER Granting Joint #93 Motion Withdrawing Jurisdictional Discovery to HII and HPI in Exchange for Consent to Personal Jurisdiction. Signed by Judge Gonzalo P. Curiel on 3/10/21. (dlg)
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Filing 93
Joint MOTION for Discovery Withdrawing Jurisdictional Discovery to HII and HPI in Exchange for Consent to Personal Jurisdiction by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 92
NOTICE of Appearance by Edward Scott Zusman on behalf of Health Enrollment Group, Marc Munoz, Kevin Romero (Zusman, Edward)Attorney Edward Scott Zusman added to party Health Enrollment Group(pty:dft), Attorney Edward Scott Zusman added to party Marc Munoz(pty:dft), Attorney Edward Scott Zusman added to party Kevin Romero(pty:dft) (dlg).
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Filing 91
ORDER Granting Joint #90 Motion for Extension of Time to File Second Amended Complaint. Signed by Judge Gonzalo P. Curiel on 2/7/21. (dlg)
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Filing 90
Joint MOTION for Extension of Time to File Second Amended Complaint, MOTION for Extension of Time to Amend #89 Order on Motion to Dismiss, Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim,,, by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 89
ORDER Granting in Part and Denying in Part Defendants' Motions to Dismiss; and Granting in Part and Denying in Part Plaintiffs' Request for Jurisdictional Discovery (ECF Nos. #63 , #64 , #65 , #66 , #69 , #76 , #80 ). Plaintiffs may file a second amended complaint within 20 days of the filed date of this order. Signed by Judge Gonzalo P. Curiel on 2/1/21. (dlg)
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Filing 88
Minute ORDER,re #69 MOTION to Dismiss for Failure to State a Claim -Submitted, #66 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim in the First Amended Complaint - Submitted, #65 MOTION to Dismiss the First Amended Class Action Complaint - Submitted, #63 MOTION to Dismiss Amended Complaint - Submitted, #64 MOTION to Dismiss - Submitted. Motion hearing set for 1/29/21 - VACATED. (no document attached) (ksr)
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Filing 87
REPLY to Response to Motion re #69 MOTION to Dismiss for Failure to State a Claim filed by Health Enrollment Group, Marc Munoz, Kevin Romero. (Eng, Kevin) (dlg).
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Filing 86
REPLY to Response to Motion re #65 MOTION to Dismiss the First Amended Class Action Complaint filed by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) Modi (dlg).
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Filing 85
REPLY to Response to Motion re #66 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim in the First Amended Complaint, #70 Joint MOTION for Extension of Time to File Response/Reply as to #69 MOTION to Dismiss for Failure to State a Claim , #66 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim in the First Am filed by Administrative Concepts, Inc.. (Attachments: #1 Notice of Errata, #2 Amended Declaration of Juanita Nicolucci)(Lebedev, Gennady) (dlg).
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Filing 84
RESPONSE in Support re #63 MOTION to Dismiss Amended Complaint filed by Axis, Axis Specialty U.S. Services, Inc.. (Attachments: #1 Reply in Support of its Request for Judicial Notice)(Harclerode, Kelsey) (dlg).
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Filing 83
RESPONSE in Opposition re #64 MOTION to Dismiss to Plaintiff's Objection to the Declaration of Paul Lavin [Docket No. 80-3] filed by First Health Group, Corp.. (Clow, Gillian) (dlg).
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Filing 82
REPLY to Response to Motion re #64 MOTION to Dismiss filed by First Health Group, Corp.. (Clow, Gillian) (dlg).
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Filing 81
ORDER Resetting Hearing Date for Motions to Dismiss. #63 #64 #65 #66 #69 . This case was recently transferred from the Honorable Todd W. Robinson to the Honorable Gonzalo P. Curiel. Due to the Courts schedule, a hearing on this matter will be continued from January 27, 2021 to January 29, 2021 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 1/4/21.(mme)
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Filing 80
RESPONSE in Opposition re #64 MOTION to Dismiss filed by Eric Ketayi. (Attachments: #1 Declaration of Joanna L. Fox, #2 Exhibit A to Declaration of Joanna L. Fox, #3 Objection to Lavin Declaration, #4 Proof of Service)(Fox, Joanna) (dlg).
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Filing 79
RESPONSE in Opposition re #66 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim in the First Amended Complaint filed by Eric Ketayi. (Attachments: #1 Objections to Declaration of Juanita Nicolucci and Accompanying Exhibits, #2 Proof of Service)(Fox, Joanna) (dlg).
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Filing 78
RESPONSE in Opposition re #69 MOTION to Dismiss for Failure to State a Claim filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 77
RESPONSE in Opposition re #63 MOTION to Dismiss Amended Complaint filed by Eric Ketayi. (Attachments: #1 Objections to Request for Judicial Notice, #2 Proof of Service)(Fox, Joanna) (dlg).
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Filing 76
RESPONSE in Opposition re #65 MOTION to Dismiss the First Amended Class Action Complaint filed by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (dlg).
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Filing 75
Clerk's ENTRY OF DEFAULT as to Alliance for Consumers USA (dlg)
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Filing 74
Request for Entry of Clerk Default against Alliance for Consumers USA. (Attachments: #1 Declaration of Joanna L. Fox, #2 Proof of Service)(Fox, Joanna) (dlg).
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Filing 73
MINUTE ORDER OF TRANSFER. Judge Cathy Ann Bencivengo is no longer assigned. Case reassigned back to Judge Gonzalo P. Curiel 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 20cv1198 GPC (KSC).(no document attached) (jcj)
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Filing 72
MINUTE ORDER OF RECUSAL. Judge Todd W. Robinson is no longer assigned. Case reassigned to Judge Cathy Ann Bencivengo for all further proceedings. The new case number is 20cv1198-CAB-KSC.(no document attached) (smd)
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Filing 71
ORDER Granting Joint Motion to Set Briefing and Hearing Schedule on Defendants' Motions to Dismiss (ECF no. #70 ). Motion Hearing reset for 1/27/2021 at 1:30 PM in Courtroom 3A before Judge Todd W. Robinson. Plaintiffs shall file their opposition(s) on or before December 9, 2020, and the Moving Defendants may file their replies, if any, on or before January 8, 2021. Signed by Judge Todd W. Robinson on 10/26/2020. (jmr)
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Filing 70
Joint MOTION for Extension of Time to File Response/Reply as to #69 MOTION to Dismiss for Failure to State a Claim , #66 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim in the First Amended Complaint, #65 MOTION to Dismiss the First Amended Class Action Complaint, #63 MOTION to Dismiss Amended Complaint, #64 MOTION to Dismiss by Eric Ketayi. (Attachments: #1 Proof of Service)(Fox, Joanna) (jmr).
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Filing 69
MOTION to Dismiss for Failure to State a Claim by Health Enrollment Group, Marc Munoz, Kevin Romero. (Eng, Kevin) (sxa).
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Filing 68
Notice of Document Discrepancies and Order Thereon by Judge Todd W. Robinson Rejecting re #67 MOTION to Dismiss for Failure to State a Claim . Non-compliance with local rule(s), ECF 2(f): Lacking proper signature. 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. (sxa) (Additional attachment(s) added on 10/13/2020: #1 Striken Document) (sxa).
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Filing 67
MOTION to Dismiss for Failure to State a Claim by Health Enrollment Group, Marc Munoz, Kevin Romero. (Eng, Kevin) Modified on 10/13/2020 to Strike per ECF #68 (sxa).
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Filing 66
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim in the First Amended Complaint by Administrative Concepts, Inc.. (Attachments: #1 Declaration Declaration of Greg Ryan, #2 Declaration Declaration of Juanita Nicolucci)(Lebedev, Gennady) (sxa).
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Filing 65
MOTION to Dismiss the First Amended Class Action Complaint by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (sxa).
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Filing 64
MOTION to Dismiss by First Health Group, Corp.. (Attachments: #1 Declaration of Paul Lavin)(Clow, Gillian) (sxa).
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Filing 63
MOTION to Dismiss Amended Complaint by Axis, Axis Specialty U.S. Services, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of D. Zenzola with Exhibits A-D, #3 Request for Judicial Notice)(Harclerode, Kelsey) (sxa).
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Filing 62
ORDER Granting #61 Motion of Michael Gosling for Leave to Withdraw as Counsel. Signed by Judge Todd W. Robinson on 10/8/20. (dlg)
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Filing 61
MOTION to Withdraw as Attorney by Eric Ketayi. (Attachments: #1 Declaration of Michael Gosling, #2 Proof of Service)(Gosling, Michael) (sxa).
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Filing 60
NOTICE of Association of Counsel by Administrative Concepts, Inc. (Lebedev, Gennady) (sxa).
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Filing 59
SUMMONS Returned Executed by Eric Ketayi. Alliance for Consumers USA served. (Fox, Joanna) (sxa).
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Filing 58
ORDER OF TRANSFER. Judge Gonzalo P. Curiel is no longer assigned. Case reassigned to Judge Todd W. Robinson 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 20cv1198-TWR-KSC. Signed by Judge Gonzalo P. Curiel on 9/25/20.(dlg)
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Filing 57
ORDER Granting Joint #56 Motion for Extension of Time for Defendants Administrative Concepts, Inc., Axis, Axis Specialty U.S. Services, Inc., First Health Group, Corp., Health Enrollment Group, Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC, Marc Munoz, Kevin Romero to Answer, Move or Otherwise Respond to Amended Class Action Complaint to October 9, 2020. Signed by Judge Gonzalo P. Curiel on 9/21/20. (dlg)
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Filing 56
Joint MOTION for Extension of Time to File Answer by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (dlg).
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Filing 55
ORDER Granting Plaintiff's Ex Parte Motion to Deny Pending Motions to Dismiss as Moot ( #35 , #38 , #39 , #46 , #47 , #49 , #54 ). Signed by Judge Gonzalo P. Curiel on 9/18/20. (dlg)
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Filing 54
Ex Parte MOTION to deny pending motions to dismiss as moot by Eric Ketayi, Miryam Ketayi. (Gosling, Michael) (dlg).
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Filing 53
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Miryam Ketayi, Eric Ketayi. (Attachments: #1 Proof of Service) (Gosling, Michael) QC email for redlined version of Amended Complaint (dlg).
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Filing 52
ORDER Setting Briefing Schedule re #46 , #47 MOTIONS to Dismiss : Responses due by 9/18/2020, Replies due by 10/2/2020. A hearing on this matter is set for October 23, 2020 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/4/20.(dlg)
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Filing 51
Corporate Disclosure Statement by Administrative Concepts, Inc.. No Corporate Parents/Interested Parties. (Lebedev, Gennady)
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Filing 50
NOTICE to Withdraw by Axis, Axis Specialty U.S. Services, Inc. re #36 MOTION to Dismiss (Harclerode, Kelsey)
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Filing 49
Amended MOTION to Dismiss by Axis, Axis Specialty U.S. Services, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Table of Contents to RJN, #4 Exhibit A to RJN, #5 Exhibit B to RJN, #6 Exhibit C to RJN, #7 Exhibit D to RJN, #8 Exhibit E to RJN)(Harclerode, Kelsey)
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Filing 48
NOTICE of Errata by Axis, Axis Specialty U.S. Services, Inc. re #36 MOTION to Dismiss (Harclerode, Kelsey) qc email re Errata. Attorney should withdraw (dlg).
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Filing 47
MOTION to Dismiss for Lack of Jurisdiction Notice of Motion and Motion to Dismiss the Complaint Pursuant to FRCP 12(b)(2) and 12(b)(6) by Juanita Nicolucci. (Attachments: #1 Declaration of Juanita Nicolucci)(Lebedev, Gennady) (dlg).
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Filing 46
MOTION to Dismiss for Lack of Jurisdiction Notice of Motion and Motion to Dismiss the Complaint Pursuant to FRCP 12(b)(2) and 12(b)(6) by Administrative Concepts, Inc.. (Attachments: #1 Declaration of Juanita Nicolucci)(Lebedev, Gennady) (dlg).
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Filing 45
NOTICE of Appearance by Michael Frederick Gosling on behalf of Eric Ketayi, Miryam Ketayi (Gosling, Michael)Attorney Michael Frederick Gosling added to party Eric Ketayi(pty:pla), Attorney Michael Frederick Gosling added to party Miryam Ketayi(pty:pla) (dlg).
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Filing 44
ORDER Granting Joint #43 Motion for Extension of Time for Defendants Administrative Concepts Inc., and Juanita Nicolucci to Respond to Complaint to August 31, 2020. Signed by Judge Gonzalo P. Curiel on 8/25/20. (dlg)
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Filing 43
Joint MOTION for Extension of Time to File Answer re #1 Complaint,, #2 Summons Issued by Administrative Concepts, Inc., Juanita Nicolucci. (Attachments: #1 Proposed Order)(Lebedev, Gennady)Attorney Gennady L. Lebedev added to party Administrative Concepts, Inc.(pty:dft), Attorney Gennady L. Lebedev added to party Juanita Nicolucci(pty:dft) (dlg).
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Filing 42
ORDER Approving the Pro Hac Vice Application of Adya Baker, re #40 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 8/24/2020.(rmc)
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Filing 41
ORDER Setting Briefing Schedule re #35 , #36 , #38 , #39 . Any response to the Motions to Dismiss shall be filed on or before September 18, 2020. Any reply shall be filed on or before October 2, 2020. A hearing on this matter is reset for October 23, 2020 at 1:30 PM in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/24/20.(dlg)
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Filing 40
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14379586.) (Application to be reviewed by Clerk.) (Baker, Adya) (rmc).
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Filing 39
MOTION to Dismiss for Failure to State a Claim by Health Enrollment Group, Marc Munoz, Kevin Romero. (Attachments: #1 Memo of Points and Authorities Memorandum of Points & Authorities In Support, #2 Proof of Service Proof of Service)(Eng, Kevin) (dlg).
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Filing 38
MOTION to Dismiss the Complaint by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael) (dlg).
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Filing 37
Corporate Disclosure Statement by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. No Corporate Parents/Interested Parties. (Roth, Michael) (dlg).
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Filing 36
MOTION to Dismiss by Axis, Axis Specialty U.S. Services, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Table of Contents to RJN, #4 Exhibit A to RJN, #5 Exhibit B to RJN, #6 Exhibit C to RJN, #7 Exhibit D to RJN, #8 Exhibit E to RJN)(Harclerode, Kelsey) (dlg).
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Filing 35
MOTION to Dismiss Notice of Motion ( by First Health Group, Corp.. (Attachments: #1 Declaration of Paul Lavin)(Clow, Gillian) (dlg).
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Filing 34
NOTICE of Party With Financial Interest by First Health Group, Corp. . Identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent Aetna Health Holdings, LLC, Corporate Parent CVS Health Corporation, Corporate Parent Aetna Inc. for First Health Group, Corp.. (Clow, Gillian) (dlg).
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Filing 33
Corporate Disclosure Statement by First Health Group, Corp. identifying Corporate Parent Aetna, Inc., Corporate Parent CVS Pharmacy, Corporate Parent Aetna Health Holdings, LLC, Corporate Parent CVS Health Corporation for First Health Group, Corp... (Clow, Gillian) (dlg).
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Filing 32
ORDER Approving the Pro Hac Vice Application of Jeffrey Landis, re #27 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 8/19/2020.(rmc)
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Filing 31
ORDER Approving the Pro Hac Vice Application of Jacob Sommer, re #28 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 8/19/2020.(rmc)
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Filing 30
ORDER granting #29 Motion for substitution of counsel. Current counsel of record, David D. Cardone and Adam J. Yarbrough of the firm of Dunn DeSantis Walt & Kendrick, LLP shall be removed from the docket, service list, and the Courts CM/ECF system for this matter. In their place, the following attorneys shall be substituted as counsel of record for Defendants: Edward S. Zusman, Kevin K. Eng. Signed by Judge Gonzalo P. Curiel on 8/18/2020. (jpp)
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Filing 29
MOTION to Substitute Attorney (Unopposed) by Health Enrollment Group, Marc Munoz, Kevin Romero. (Attachments: #1 Proof of Service Proof of Service)(Eng, Kevin)Attorney Kevin Eng added to party Health Enrollment Group(pty:dft), Attorney Kevin Eng added to party Marc Munoz(pty:dft), Attorney Kevin Eng added to party Kevin Romero(pty:dft) (jpp).
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Filing 28
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14349443.) (Application to be reviewed by Clerk.) (Sommer, Jacob) (rmc).
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Filing 27
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14347513.) (Application to be reviewed by Clerk.) (Landis, Jeffrey) (rmc).
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Filing 26
NOTICE of Appearance by Alexei Klestoff on behalf of Axis, Axis Specialty U.S. Services, Inc. (Klestoff, Alexei)Attorney Alexei Klestoff added to party Axis(pty:dft), Attorney Alexei Klestoff added to party Axis Specialty U.S. Services, Inc.(pty:dft) (dlg).
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Filing 25
Corporate Disclosure Statement by Axis, Axis Specialty U.S. Services, Inc. identifying Corporate Parent AXIS Capital Holdings Limited for Axis, Axis Specialty U.S. Services, Inc... (Harclerode, Kelsey) (dlg).
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Filing 24
NOTICE OF RELATED CASE(S) by Eric Ketayi of case(s) 20-cv-00630 . (Attachments: #1 Proof of Service)(Fox, Joanna) Modified on 8/11/2020 LNO not created, nothing related in this court (dlg).
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Filing 23
ORDER Approving the Pro Hac Vice Application of Kelsey Kingsbery, re #19 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/30/2020.(rmc)
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Filing 22
ORDER Approving the Pro Hac Vice Application of Timothy H. Lee, re #20 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/29/2020.(rmc)
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Filing 21
ORDER Approving the Pro Hac Vice Application of David B. Carpenter, re #18 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/29/2020.(rmc)
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Filing 20
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14237475.) (Application to be reviewed by Clerk.) (Lee, Timothy) (rmc).
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Filing 19
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14236485.) (Application to be reviewed by Clerk.) (Kingsbery, Kelsey) (rmc).
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Filing 18
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number BCASDC-14232834.) (Application to be reviewed by Clerk.) (Carpenter, David) (rmc).
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Filing 17
CERTIFICATE OF SERVICE by Eric Ketayi, Miryam Ketayi re #1 Complaint,, Civil Case Cover Sheet, Summons (Attachments: #1 Proof of Service, #2 Proof of Service, #3 Proof of Service, #4 Proof of Service, #5 Proof of Service, #6 Proof of Service, #7 Proof of Service, #8 Proof of Service)(Fox, Joanna) (dlg).
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Filing 16
ORDER Approving the Pro Hac Vice Application of Zachary A. McEntyre, re #13 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 7/22/2020.(dsn)
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Filing 15
ORDER granting #12 Motion for Extension of Time for Health Enrollment Group, Marc Munoz and Kevin Romero to Respond tom Complaint to August 21,2020. Signed by Judge Gonzalo P. Curiel on 7/22/20. (dlg)
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Filing 14
ORDER granting #11 Motion for Extension of Time for Health Insurance Innovations Holdings, Inc. and Health Plan Intermediaries Holdings, LLC Respond to Complaint to August 21/20. Signed by Judge Gonzalo P. Curiel on 7/22/20. (dlg)
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Filing 13
Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14200098.) (Application to be reviewed by Clerk.) (McEntyre, Zachary) (dsn)
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Filing 12
Joint MOTION for Extension of Time to File Answer by Health Enrollment Group, Marc Munoz, Kevin Romero. (Attachments: #1 Proof of Service)(Cardone, David)Attorney David D. Cardone added to party Health Enrollment Group(pty:dft), Attorney David D. Cardone added to party Marc Munoz(pty:dft), Attorney David D. Cardone added to party Kevin Romero(pty:dft)
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Filing 11
Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC. (Roth, Michael)Attorney Michael D. Roth added to party Health Insurance Innovations Holdings, Inc.(pty:dft), Attorney Michael D. Roth added to party Health Plan Intermediaries Holdings, LLC(pty:dft)
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Filing 10
NOTICE of Appearance by Courtney M. Vasquez on behalf of Eric Ketayi, Miryam Ketayi (Vasquez, Courtney)Attorney Courtney M. Vasquez added to party Eric Ketayi(pty:pla), Attorney Courtney M. Vasquez added to party Miryam Ketayi(pty:pla)
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Filing 9
ORDER granting #6 Joint Motion for Defendant First Health Group Corp. to Respond to Plaintiffs' Complaint to August 31, 2020. Signed by Judge Gonzalo P. Curiel on 7/17/20. (dlg)
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Filing 8
ORDER Granting Joint #5 Motion for Extension of Time for Axis and Axis Specialty U.S. Services, Inc. to Respond to Complaint. Signed by Judge Gonzalo P. Curiel on 7/17/20. (dlg)
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Filing 7
NOTICE of Appearance by Kelsey Harclerode on behalf of Axis, Axis Specialty U.S. Services, Inc. (Harclerode, Kelsey)Attorney Kelsey Harclerode added to party Axis Specialty U.S. Services, Inc.(pty:dft) (dlg).
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Filing 6
Joint MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by First Health Group, Corp.. (Clow, Gillian)Attorney Gillian H. Clow added to party First Health Group, Corp.(pty:dft) (dlg).
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Filing 5
Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by Axis. (Harclerode, Kelsey)Attorney Kelsey Harclerode added to party Axis(pty:dft) (dlg).
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Filing 4
NOTICE of Appearance by Russell A. Gold on behalf of Eric Ketayi, Miryam Ketayi (Gold, Russell)Attorney Russell A. Gold added to party Eric Ketayi(pty:pla), Attorney Russell A. Gold added to party Miryam Ketayi(pty:pla)
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Filing 3
NOTICE of Appearance by Joanna Fox on behalf of Eric Ketayi, Miryam Ketayi (Fox, Joanna)Attorney Joanna Fox added to party Eric Ketayi(pty:pla), Attorney Joanna Fox added to party Miryam Ketayi(pty:pla)
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Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (vxc) (dsn)
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Filing 1
COMPLAINT with Jury Demand against Administrative Concepts, Inc., Alliance for Consumers USA, Axis, Axis Specialty U.S. Services, Inc., First Health Group, Corp., Health Enrollment Group, Health Insurance Innovations Holdings, Inc., Health Plan Intermediaries Holdings, LLC, Liberty Health, Marc Munoz, Juanita Nicolucci, Kevin Romero ( Filing fee $ 400 receipt number ACASDC-14073399.), filed by Miryam Ketayi, Eric Ketayi. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-1198-GPC-KSC. Judge Gonzalo P. Curiel and Magistrate Judge Karen S. Crawford are assigned to the case. (Fox, David)(vxc)
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