San Diego Comprehensive Pain Management Center, Inc. et al v. Becerra et al
| San Diego Comprehensive Pain Management Center, Inc. a California professional corporation, for itself doing business as El Centro Comprehensive Pain Management Center, Las Vegas Comprehensive Pain Management Center, PC and Pacific Surgical Institute of Pain Management, Inc. |
| Xavier Becerra, Qlarant Quality Solutions, Inc., Qlarant Integrity Solutions, LLC and Qlarant, Inc. |
| 3:2021cv01739 |
| October 7, 2021 |
| US District Court for the Southern District of California |
| Cynthia Bashant |
| William V Gallo |
| Civil Rights: Other |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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| Filing 40 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED: Plaintiffs have not exhausted administrative remedies nor shown that the exhaustion requirement should be judicially waived, as required under 42 U.S.C. 405(g). The Court concludes that it lacks subject matter jurisdiction over this action. Accordingly, the Court dismisses this action without prejudice for lack of jurisdiction.(jmo) |
Filing 39
Order Dismissing Action without Prejudice for Lack of Subject Matter Jurisdiction. Signed by Judge Cynthia Bashant on 12/1/21.(jmo)
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| Filing 38 Minute Order for proceedings held before Judge Cynthia Bashant: Motion Hearing held on 11/30/2021. Based on the reasons stated on the record, Court is granting Xavier Becerras motion to strike (35), denying Plaintiffs motion to call witness (29), and denying Plaintiffs Motion for Preliminary Injunction (7). The Court will issue a separate written order on whether the case should be dismissed for lack of subject matter jurisdiction. (Court Reporter/ECR Anne Roldan). (Plaintiff Attorney Matthew Rifat).(Defendant Attorney Brett Norris and Gary Brucker). (no document attached) (sxm) |
| Filing 37 RESPONSE re #35 Objection to Notice of Lodgment #29 filed by San Diego Comprehensive Pain Management Center, Inc.. (Attachments: #1 Proof of Service)(Rifat, Matthew) (jmo). |
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Filing 36
Order Granting Joint Motion to Extend Time to File Answer (ECF No. #34 ). Qlarant Defendants shall file a response to the Complaint on or before Monday, 12/20/21. Signed by Judge Cynthia Bashant on 11/24/21. (jmo)
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| Filing 35 OBJECTION by Xavier Becerra re #29 Notice of Lodgment, . (Norris, Brett) (jmo). |
| Filing 34 Joint MOTION for Extension of Time to File Response/Reply to Complaint by Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc.(Brucker, Gary) (jmo). |
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Filing 33
Order Approving Substitution of Counsel (ECF Nos. #30 , #31 , #32 ). The Courtapproves the substitution of Gary K. Brucker, Jr. of Lewis Brisbois Bisgaard & Smith LLP as counsel of record for Qlarant Defendants in place of Sarah C. Smith of McCarter & English, LLP. Signed by Judge Cynthia Bashant on 11/23/21. (jmo)
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| Filing 32 MOTION to Substitute Attorney by Qlarant Quality Solutions, Inc.. (Brucker, Gary)Attorney Gary K Brucker, Jr added to party Qlarant Quality Solutions, Inc.(pty:dft) (jmo). |
| Filing 31 MOTION to Substitute Attorney by Qlarant Integrity Solutions, LLC. (Brucker, Gary)Attorney Gary K Brucker, Jr added to party Qlarant Integrity Solutions, LLC(pty:dft) (jmo). |
| Filing 30 MOTION to Substitute Attorney by Qlarant, Inc.. (Brucker, Gary)Attorney Gary K Brucker, Jr added to party Qlarant, Inc.(pty:dft) (jmo). |
| Filing 29 NOTICE of Lodgment by San Diego Comprehensive Pain Management Center, Inc. re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) Notice of Lodgment of Evidence and Intention to Call Witnesses in Support of Application for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Proof of Service Notice of Lodgment)(Rifat, Matthew) (jmo). |
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Filing 28
Order Setting Oral Argument on Plaintiffs' Motion for Preliminary Injunction (ECF No. #7 ). The Court orders Plaintiffs and Defendants to appear in person on Tuesday 11/30/2021 at 10:00 AM in Courtroom 4B before Judge Cynthia Bashant.Signed by Judge Cynthia Bashant on 11/16/21.(jmo)
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| Filing 27 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) filed by San Diego Comprehensive Pain Management Center, Inc.. (Attachments: #1 Declaration Supplemental Declaration of David J. Smith, M.D. ISO Application for TRO, #2 Proof of Service)(Rifat, Matthew) (jmo). |
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Filing 26
ORDER Denying the Pro Hac Vice Application of Daniel J. Kelly (Re: ECF No. #25 Request to Appear Pro Hac Vice). Signed by Judge Cynthia Bashant on 11/5/2021.(jrd)
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| Filing 25 Request to Appear Pro Hac Vice (Filing fee received: $213.00 receipt number ACASDC-16289556.)(Application to be reviewed by Clerk.)(Kelly, Daniel)(jrd) |
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Filing 24
Order on Joint Motion to Extend Response Deadline for the Qlarant Defendants (ECF No. #23 ). Defendants Qlarant Quality Solutions, Inc.; Qlarant IntegritySolutions, LLC; and Qlarant, Inc. shall have until 11/29/21, to answer or otherwise respond to the Complaint. Signed by Judge Cynthia Bashant on 11/2/21. (jmo)
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| Filing 23 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc.. (Smith, Sarah)Attorney Sarah C. Smith added to party Qlarant Integrity Solutions, LLC(pty:dft), Attorney Sarah C. Smith added to party Qlarant Quality Solutions, Inc.(pty:dft), Attorney Sarah C. Smith added to party Qlarant, Inc.(pty:dft) **QC mailer re: incorrect Judge in caption. |
| Filing 22 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) filed by Xavier Becerra. (Cordero, Ernest) (jmo). |
| Filing 21 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) filed by Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc.. (Smith, Sarah) (jmo). |
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Filing 20
ORDER Denying the Pro Hac Vice Application of David Himelfarb, re #19 Request to Appear Pro Hac Vice. Signed by Judge Cynthia Bashant on 11/1/2021.(jrd)
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| Filing 19 Request to Appear Pro Hac Vice (No payment Submitted - Payment made on 10/28/2021 - Refer ECF No. #18 ).(Application to be reviewed by Clerk.) (Himelfarb, David)(jrd) |
| Filing 18 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16270448.) (Application to be reviewed by Clerk.) (Himelfarb, David) QC mail sent re missing signature (rmc). |
| Filing 17 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #13 Order Setting Briefing Schedule,, Qlarant, Inc. (Rifat, Matthew) (zda). |
| Filing 16 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #13 Order Setting Briefing Schedule,, Qlarant Quality Solutions, Inc. (Rifat, Matthew) (zda). |
| Filing 15 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #13 Order Setting Briefing Schedule,, Qlarant Integrity Solutions, LLC (Rifat, Matthew)(zda). |
| Filing 14 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #13 Order Setting Briefing Schedule,, Xavier Becerra, Secretary of the US DHHS (Rifat, Matthew) (zda). |
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Filing 13
Order Setting Briefing Schedule re (ECF No. #7 ). Plaintiffs have served Defendants and concede that their application may be treated as a motion for preliminary injunction. Defendants to file and serve a response in opposition to Plaintiffs' motion for preliminary injunction on or before 11/1/2021. Any reply by Plaintiffs is due on or before 11/8/2021. Plaintiffs are ORDERED to serve a copy of this Order to Defendants and file adequate proof of service. Signed by Judge Cynthia Bashant on 10/18/21.(jmo)
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| Filing 12 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) Qlarant Quality Solutions, Inc. (Rifat, Matthew) (jmo). |
| Filing 11 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) Qlarant Integrity Solutions, LLC (Rifat, Matthew) (jmo). |
| Filing 10 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) Qlarant, Inc. (Rifat, Matthew) (jmo). |
| Filing 9 CERTIFICATE OF SERVICE by San Diego Comprehensive Pain Management Center, Inc. re #7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) Xavier Becerra (Rifat, Matthew) (jmo). |
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Filing 8
Order Requiring Proof of Service. Plaintiffs to submit a proof of service of theapplication for TRO on or before 10/18/21. Signed by Judge Cynthia Bashant on 10/14/21.(jmo)
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| Filing 7 MOTION for Temporary Restraining Order (Notice of Application and Application for Temporary Restraining Order) by San Diego Comprehensive Pain Management Center, Inc.. (Attachments: #1 Memo of Points and Authorities In Support of Application for Temporary Restraining Order, #2 Declaration of David James Smith M.D. In Support Of Application for Temporary Restraining Order)(Rifat, Matthew) (jmo). |
| Filing 6 SUMMONS Returned Executed by San Diego Comprehensive Pain Management Center, Inc.. Qlarant Quality Solutions, Inc. served. (Rifat, Matthew) (jmo). |
| Filing 5 SUMMONS Returned Executed by San Diego Comprehensive Pain Management Center, Inc.. Qlarant Integrity Solutions, LLC served. (Rifat, Matthew) (jmo). |
| Filing 4 SUMMONS Returned Executed by San Diego Comprehensive Pain Management Center, Inc.. Qlarant, Inc. served. (Rifat, Matthew) (jmo). |
| Filing 3 SUMMONS Returned Executed by San Diego Comprehensive Pain Management Center, Inc.. Xavier Becerra served. (Rifat, Matthew) (jmo). |
| 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. (fth) |
| Filing 1 COMPLAINT against Xavier Becerra, Qlarant Integrity Solutions, LLC, Qlarant Quality Solutions, Inc., Qlarant, Inc. ( Filing fee $ 402 receipt number ACASDC-16203213.), filed by Pacific Surgical Institute of Pain Management, Inc., San Diego Comprehensive Pain Management Center, Inc., Las Vegas Comprehensive Pain Management Center, PC. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1739-BAS-WVG. Judge Cynthia Bashant and Magistrate Judge William V. Gallo are assigned to the case. (Rifat, Matthew) (fth) |
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