Greco D.O. et al v. Matthew Todd Ahern DO et al
| Kenneth Warren Larue and Gabriella Francesca Greco D.O. |
| Encinitas Hospitalist Associates, Scott Alan Eisman MD, Marisa M. Magana MD, Scripps Health doing business as Scripps Memorial Hospital Encinitas, Steven Michael Kuriyama MD, Scripps Mercy Physician Partners, Kevin Daniel Shaw MD, Coastal Pulmonary Associates, Timothy J. Corbin MD, Elenor N. Himaya RN, Does 1 through 30, Matthew Todd Ahern DO, Sarah Jean McMurray DO, Andrew Yi-Tzu Hsing MD, Daniel Kim Cho MD, Oana M. Mischiu MD, Inez E. Rozar RN, Krista Mason NP, Encinitas Emergency Medicine,, Inc. and Acute Care Associates, Inc. |
| 3:2021cv00155 |
| January 27, 2021 |
| US District Court for the Southern District of California |
| Michael S Berg |
| Gonzalo P Curiel |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. § 1332 mm |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.
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Filing 68
NOTICE of Appearance by Sofia Layla Rezvani on behalf of Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health (Rezvani, Sofia)Attorney Sofia Layla Rezvani added to party Elenor N. Himaya RN(pty:dft), Attorney Sofia Layla Rezvani added to party Inez E. Rozar RN(pty:dft), Attorney Sofia Layla Rezvani added to party Scripps Health(pty:dft) (zda).
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Filing 67
ORDER Setting Briefing Schedule re #66 MOTION to Vacate : Responses due by 10/15/2021, Replies due by 10/29/2021. A hearing is set on November 19, 2021 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 9/21/21.(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 66
MOTION to Vacate Order Granting Joint Motion to Dismiss With Prejudice and to Withdraw Notice and Stipulation of the Parties to Dismiss Entire Case With Prejudice by Gabriella Francesca Greco D.O. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Gabriella Francesca Greco, D.O.)(dlg)
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Filing 65
Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Motion for Leave to File Electronically, from Plaintiff Gabriella Francesca Greco D.O.. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document, OTHER: Case is closed, Rejected document was returned to the filer. Signed by Judge Gonzalo P. Curiel on 9/14/21. (Attachments: #1 Rejected Document)(All non-registered users served via U.S. Mail Service)(dlg)
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Filing 64
ORDER Granting #63 Motion to Substitute Attorney. Attorney Hoyt Elvin Hart, II terminated. Signed by Judge Gonzalo P. Curiel on 9/7/21. (All non-registered users served via U.S. Mail Service)(dlg)
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Filing 63
Ex Parte MOTION to Substitute Attorney Hoyt E. Hart II by Gabriella Francesca Greco D.O.. (Hart, Hoyt) (dlg).
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Filing 62
ORDER Granting #61 Joint Motion to Dismiss With Prejudice. Signed by Judge Gonzalo P. Curiel on 8/19/21.(sxa)
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Filing 61
NOTICE of Voluntary Dismissal by Gabriella Francesca Greco D.O. Stipulation to Dismiss with Prejudice (Hart, Hoyt) QC mailer sent per chamber's request, requested proposed order to be emailed to chambers (zda).
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Filing 60
ORDER Granting Joint #59 Motion for Protective Order With Modification. Signed by Magistrate Judge Michael S. Berg on 8/17/21. (dlg)
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Filing 59
Joint MOTION for Protective Order by Acute Care Associates, Inc., Andrew Yi-Tzu Hsing MD, Coastal Pulmonary Associates, Daniel Kim Cho MD, Encinitas Hospitalist Associates, Kevin Daniel Shaw MD, Marisa M. Magana MD, Sarah Jean McMurray DO, Timothy J. Corbin MD. (Attachments: #1 Exhibit Stipulated Protective Order, #2 Exhibit Exhibit A to Stipulated Protective Order, #3 Proof of Service)(Hardisty, Lauren) (dlg).
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Filing 58
Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: (T)Discovery Conference was held on 8/16/2021. Order to follow. (Plaintiff Attorney Hoyt E. Hart). (Defendant Attorneys William M. Low; Lauren Hardisty; Michael R. Popcke).(no document attached) (dxm)
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Filing 57
ORDER Setting Telephonic Discovery Conference. The Court sets a telephonic Discovery Conference for August 16, 2021, at 2:00 p.m. Signed by Magistrate Judge Michael S. Berg on 8/10/21.(dlg)
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Filing 56
ORDER setting Telephonic Case Management Conference. Case Management Conference set for 9/10/2021 at 12:00 PM before Magistrate Judge Michael S. Berg. Signed by Magistrate Judge Michael S. Berg on 8/2/2021.(jmr)
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Filing 55
Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Case Management Conference was held on 8/2/2021. Order to follow. (Plaintiff Attorney Hoyt E. Hart). (Defendant Attorneys William M. Low; Lauren Hardisty).(no document attached) (dxm)
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Filing 54
ORDER Setting Telephonic Case Management Conference, ( Case Management Conference set for 8/2/2021 09:30 AM before Magistrate Judge Michael S. Berg.). Signed by Magistrate Judge Michael S. Berg on 6/23/2021.(zda) (dlg).
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Filing 53
Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: (T)Case Management Conference was held on 6/23/2021. Order to follow. (Plaintiff Attorney Hoyt E. Hart). (Defendant Attorneys Robert A. Cosgrove; William M. Low; Lauren Hardisty; Michael R. Popcke).(no document attached) (dxm)
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Filing 52
DECLARATION re #49 Answer to Amended Complaint, #47 Answer to Amended Complaint, #51 Answer to Amended Complaint Declaration of Service by Defendant Encinitas Emergency Medicine,, Inc.. (Cosgrove, Robert)
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Filing 51
ANSWER to #34 Amended Complaint by Encinitas Emergency Medicine,, Inc..(Cosgrove, Robert)Attorney Robert Alan Cosgrove added to party Encinitas Emergency Medicine,, Inc.(pty:dft) (dlg).
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Filing 50
DECLARATION re #49 Answer to Amended Complaint Declaration of Service by Defendant Krista Mason NP. (Cosgrove, Robert)
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Filing 49
ANSWER to #34 Amended Complaint by Krista Mason NP.(Cosgrove, Robert)Attorney Robert Alan Cosgrove added to party Krista Mason NP(pty:dft) (dlg).
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Filing 48
DECLARATION re #47 Answer to Amended Complaint Declaration of Service by Defendant Matthew Todd Ahern DO. (Cosgrove, Robert)
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Filing 47
ANSWER to #34 Amended Complaint by Matthew Todd Ahern DO.(Cosgrove, Robert) (dlg).
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Filing 46
ANSWER to #34 Amended Complaint by Acute Care Associates, Inc.. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Acute Care Associates, Inc.(pty:dft)
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Filing 45
ANSWER to #34 Amended Complaint by Kevin Daniel Shaw MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 44
ANSWER to #34 Amended Complaint by Sarah Jean McMurray DO. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 43
ANSWER to #34 Amended Complaint by Marisa M. Magana MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 42
ANSWER to #34 Amended Complaint by Andrew Yi-Tzu Hsing MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 41
ANSWER to #34 Amended Complaint by Encinitas Hospitalist Associates. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 40
ANSWER to #34 Amended Complaint by Scott Alan Eisman MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 39
ANSWER to #34 Amended Complaint by Timothy J. Corbin MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 38
ANSWER to #34 Amended Complaint by Coastal Pulmonary Associates. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 37
ANSWER to #34 Amended Complaint by Daniel Kim Cho MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)
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Filing 36
ANSWER to #34 Amended Complaint by Inez E. Rozar RN, Scripps Health, Elenor N. Himaya RN.(Low, William) (dlg).
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Filing 35
Summons Issued re First 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 34
AMENDED COMPLAINT with Jury Demand First Amended Complaint against All Parties, filed by Gabriella Francesca Greco D.O..New Summons Requested. (Hart, Hoyt) (dlg).
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Filing 33
NOTICE Withdrawal Doc. #32 by Gabriella Francesca Greco D.O. (Hart, Hoyt)
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Filing 32
*** WITHDRAWN PER ECF 33 *** AMENDED COMPLAINT with Jury Demand First Amended Complaint against All Defendants, filed by Gabriella Francesca Greco D.O..New Summons Requested. (Hart, Hoyt) QC email, document not signed. Attorney should withdraw & refile (dlg). Modified on 6/2/2021 (dlg).
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Filing 31
ORDER Granting Joint #30 Motion for Leave to File First Amended Complaint. Signed by Judge Gonzalo P. Curiel on 5/27/21. (dlg)
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Filing 30
Joint MOTION for Leave to File First Amended Complaint by Gabriella Francesca Greco D.O.. (Hart, Hoyt) (jmo). Modified on 5/25/2021 to send QC email re courtesy copies & proposed order for Chambers (dlg).
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Filing 29
NOTICE of Appearance of Jeffrey S. Doggett, Esq. by Lauren Hardisty on behalf of Timothy J. Corbin MD (Attachments: #1 Proof of Service)(Hardisty, Lauren) QC email, incorrect filer. Attorney should withdraw and refile correctly (dlg).
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Filing 28
ANSWER to #1 Complaint,, with Jury Demand by Timothy J. Corbin MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Timothy J. Corbin MD(pty:dft) (dlg).
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Filing 27
SCHEDULING ORDER: Telephonic Case Management Conference set for 6/23/2021 at 9:00 AM before Magistrate Judge Michael S. Berg. Mandatory Settlement Conference set for 5/18/2022 at 9:30 AM before Magistrate Judge Michael S. Berg. Proposed Pretrial Order due by 6/17/2022. Final Pretrial Conference set for 6/24/2022 at 1:30 PM before Judge Gonzalo P. Curiel. Signed by Magistrate Judge Michael S. Berg on 3/30/21.(dlg)
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Filing 26
Minute Entry for proceedings held before Magistrate Judge Michael S. Berg: Video Early Neutral Evaluation Conference was held via Zoom on 3/29/2021. The case did not settle. Video Case Management Conference was held via Zoom on 3/29/2021. Scheduling order to follow. (Plaintiff Attorney Hoyt E. Hart). (Defendant Attorneys Robert A. Cosgrove; William M. Low; Margaret E. Mangin; Jeffrey S. Doggett). (no document attached) (dxm)
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Filing 25
NOTICE of Appearance by Jeffrey Scott Doggett on behalf of Andrew Yi-Tzu Hsing MD, Coastal Pulmonary Associates, Daniel Kim Cho MD, Encinitas Hospitalist Associates, Kevin Daniel Shaw MD, Marisa M. Magana MD, Sarah Jean McMurray DO, Scott Alan Eisman MD (Attachments: #1 Proof of Service)(Doggett, Jeffrey)Attorney Jeffrey Scott Doggett added to party Andrew Yi-Tzu Hsing MD(pty:dft), Attorney Jeffrey Scott Doggett added to party Coastal Pulmonary Associates(pty:dft), Attorney Jeffrey Scott Doggett added to party Daniel Kim Cho MD(pty:dft), Attorney Jeffrey Scott Doggett added to party Encinitas Hospitalist Associates(pty:dft), Attorney Jeffrey Scott Doggett added to party Kevin Daniel Shaw MD(pty:dft), Attorney Jeffrey Scott Doggett added to party Marisa M. Magana MD(pty:dft), Attorney Jeffrey Scott Doggett added to party Sarah Jean McMurray DO(pty:dft), Attorney Jeffrey Scott Doggett added to party Scott Alan Eisman MD(pty:dft) (jmr).
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Filing 24
ORDER Clarifying the Time of Early Neutral Evaluation Conference. Signed by Magistrate Judge Michael S. Berg on 3/24/2021.(jmr)
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Filing 23
ORDER granting in part #21 Defendants' Ex Parte Motion to Excuse Appearance of Certain Defendants at the Early Neutral Evaluation Conference. Signed by Magistrate Judge Michael S. Berg on 3/24/2021. (jmr)
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Filing 22
OBJECTION by Gabriella Francesca Greco D.O. re #21 Ex Parte MOTION to Excuse Appearance of Sarah McMurray, M.D,, Andrew Hsing, M.D., Daniel Cho, M.D. and Marisa Magana, M.D. at Early Neutral Evaluation, Opposition to Ex Parte Application. (Hart, Hoyt)(jmr).
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Filing 21
Ex Parte MOTION to Excuse Appearance of Sarah McMurray, M.D,, Andrew Hsing, M.D., Daniel Cho, M.D. and Marisa Magana, M.D. at Early Neutral Evaluation, by Andrew Yi-Tzu Hsing MD, Daniel Kim Cho MD, Marisa M. Magana MD, Sarah Jean McMurray DO. (Attachments: #1 Proof of Service)(Hardisty, Lauren) (dlg).
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Filing 20
JOINT DISCOVERY PLAN by Gabriella Francesca Greco D.O. on behalf of all parties (Hart, Hoyt) (dlg).
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Filing 19
Corporate Disclosure Statement by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health identifying Other Affiliate Scripps Clinic and Research Foundation, Other Affiliate Scripps Memorial Hospital La Jolla, Other Affiliate Scripps Mercy Hospital, Other Affiliate Scripps Coastal Medical Center, Other Affiliate Scripps Green Hospital, Other Affiliate Scripps Memorial Hospital Encinitas, Other Affiliate Scripps Genomic Medicine, Other Affiliate Scripps Health Encinitas Ambulatory Pharmacy, Other Affiliate Scripps Health Foundation, Other Affiliate Scripps Health Mercy Ambulatory Pharmacy, Other Affiliate Scripps Home Health Care Services, Other Affiliate Scripps McDonald Center, Other Affiliate Scripps MD Anderson Cancer Center, Other Affiliate Scripps Medical Foundation, Other Affiliate Scripps Memorial Hospital Chula Vista, Other Affiliate Scirpps Mercy Hospital Chula Vista, Other Affiliate Scripps Whittier Diabetes Institute, Other Affiliate Scripps Well Being Center, Chula Vista, Other Affiliate Scripps Prebys Cardiovascular Institute, Other Affiliate Scripps Mercy Hospital Chula Vista for Scripps Health.. (Low, William) (dlg).
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Filing 18
NOTICE of Party With Financial Interest by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health re #17 Answer to Complaint, (Low, William) (dlg).
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Filing 17
ANSWER to #1 Complaint,, with Jury Demand by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health.(Low, William)Attorney William M Low added to party Elenor N. Himaya RN(pty:dft), Attorney William M Low added to party Inez E. Rozar RN(pty:dft), Attorney William M Low added to party Scripps Health(pty:dft) (dlg).
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Filing 16
NOTICE of Withdrawal of Docket Entries 13, 14 and 15 by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health re #13 Answer to Complaint, #15 Corporate Disclosure Statement, #14 Notice of Party With Financial Interest (Spaid, Jacob) (dlg).
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Filing 15
*** WITHDRAWN PER ECF 16 *** Corporate Disclosure Statement by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health. No Corporate Parents/Interested Parties. (Spaid, Jacob) QC email, wrong filer. Attorney should withdrawn and refile correctly(dlg). Modified on 3/18/2021 (dlg).
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Filing 14
*** WITHDRAWN PER ECF 16 *** NOTICE of Party With Financial Interest by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health . No Parties With Financial Interest. (Spaid, Jacob) QC email, wrong filer. Attorney should withdrawn and refile correctly (dlg). Modified on 3/18/2021 (dlg).
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Filing 13
*** WITHDRAWN PER ECF 16 *** ANSWER to #1 Complaint,, with Jury Demand by Elenor N. Himaya RN, Inez E. Rozar RN, Scripps Health.(Spaid, Jacob)Attorney Jacob Timothy Spaid added to party Elenor N. Himaya RN(pty:dft), Attorney Jacob Timothy Spaid added to party Inez E. Rozar RN(pty:dft), Attorney Jacob Timothy Spaid added to party Scripps Health(pty:dft) QC email, wrong filer. Attorney should withdrawn and refile correctly (dlg). Modified on 3/18/2021 (dlg).
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Filing 12
ANSWER to #1 Complaint,, with Jury Demand by Daniel Kim Cho MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Daniel Kim Cho MD(pty:dft) (dlg).
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Filing 11
ANSWER to #1 Complaint,, with Jury Demand by Matthew Todd Ahern DO. (Attachments: #1 Declaration Declaration of Service)(Cosgrove, Robert)Attorney Robert Alan Cosgrove added to party Matthew Todd Ahern DO(pty:dft) (dlg).
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Filing 10
NOTICE AND ORDER for Early Neutral Evaluation and Case Management Video Conference. Early Neutral Evaluation set for 3/29/2021 at 1:30 PM before Magistrate Judge Michael S. Berg. Case Management Conference set for 3/29/2021 at 1:30 PM before Magistrate Judge Michael S. Berg. Joint Discovery Plan due 3/22/2021. Signed by Magistrate Judge Michael S. Berg on 2/23/21.(dlg)
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Filing 9
ANSWER to #1 Complaint,, with Jury Demand by Sarah Jean McMurray DO. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Sarah Jean McMurray DO(pty:dft) (dlg).
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Filing 8
ANSWER to #1 Complaint,, with Jury Demand by Coastal Pulmonary Associates. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Coastal Pulmonary Associates(pty:dft) (dlg).
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Filing 7
ANSWER to #1 Complaint,, with Jury Demand by Encinitas Hospitalist Associates. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Encinitas Hospitalist Associates(pty:dft) (dlg).
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Filing 6
ANSWER to #1 Complaint,, with Jury Demand by Marisa M. Magana MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Marisa M. Magana MD(pty:dft) (dlg).
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Filing 5
ANSWER to #1 Complaint,, with Jury Demand by Kevin Daniel Shaw MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Kevin Daniel Shaw MD(pty:dft) (dlg).
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Filing 4
ANSWER to #1 Complaint,, with Jury Demand by Andrew Yi-Tzu Hsing MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Andrew Yi-Tzu Hsing MD(pty:dft) (dlg).
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Filing 3
ANSWER to #1 Complaint,, with Jury Demand by Scott Alan Eisman MD. (Attachments: #1 Proof of Service)(Hardisty, Lauren)Attorney Lauren Hardisty added to party Scott Alan Eisman MD(pty:dft) (dlg).
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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. (zda)(jrd)
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Filing 1
COMPLAINT With Jury Demand Against Matthew Todd Ahern, Steven Michael Kuriyama, Daniel Kim Cho, Sarah Jean McMurray, Encinitas Hospitalist Associates, Scott Alan Eisman, Kevin Daniel Shaw, Andrew Yi-Tzu Hsing, Marisa M. Magana, Coastal Pulmonary Associates, Oana M. Mischiu, Timothy J. Corbin, Scripps Mercy Physician Partners, Inez E. Rozar, Elenor N. Himaya, Scripps Health, Does 1 through 30 (Filing fee $402.00 receipt number ACASDC-15291435.). (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-155-GPC-MSB. Judge Gonzalo P. Curiel and Magistrate Judge Michael S. Berg are assigned to the case. (Hart, Hoyt)(zda)(jrd)
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