Carol Meyers v. Kaiser Foundation Health Plan
Defendant / Appellee: KAISER FOUNDATION HEALTH PLAN, INC.
Plaintiff / Appellant: CAROL MEYERS
Case Number: 19-15051
Filed: January 9, 2019
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Employee Retirement
Docket Report

This docket was last retrieved on April 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2020 Filing 52 MANDATE ISSUED.(JCW, SPG and DPC) [11673859] (RL) [Entered: 04/28/2020 09:12 AM]
April 6, 2020 Filing 51 FILED MEMORANDUM DISPOSITION (J. CLIFFORD WALLACE, SUSAN P. GRABER and DANIEL PAUL COLLINS) AFFIRMED. FILED AND ENTERED JUDGMENT. [11652085] (MM) [Entered: 04/06/2020 09:51 AM]
March 26, 2020 Filing 50 SUBMITTED ON THE BRIEFS TO J. CLIFFORD WALLACE, SUSAN P. GRABER and DANIEL PAUL COLLINS. [11642622] (JRL) [Entered: 03/26/2020 11:29 AM]
February 19, 2020 Filing 49 Filed clerk order (Deputy Clerk: AF): The court is of the unanimous opinion that the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. This case shall be submitted on the briefs and record, without oral argument, on March 26, 2020, in San Francisco, California. Fed. R. App. P. 34(a)(2). [11602102] (AF) [Entered: 02/19/2020 02:36 PM]
February 6, 2020 Filing 48 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Christian J. Garris for Appellant Carol Meyers. Hearing in San Francisco on 03/26/2020 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/06/2020. [11587535] [19-15051] (Garris, Christian) [Entered: 02/06/2020 09:56 AM]
February 5, 2020 Filing 47 Filed (ECF) Acknowledgment of hearing notice by Attorney Sarah Gettings for Appellee Kaiser Foundation Health Plan, Inc.. Hearing in San Francisco on 03/26/2020 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 02/05/2020. [11586267] [19-15051] (Gettings, Sarah) [Entered: 02/05/2020 11:23 AM]
January 12, 2020 Filing 46 Notice of Oral Argument on Thursday, March 26, 2020 - 09:00 A.M. - Courtroom 3 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Thursday, March 26, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11558830]. [Array, 19-15051] (AW) [Entered: 01/12/2020 06:12 AM]
November 15, 2019 Filing 45 Received 7 paper copies of Reply Brief [ # 43 ] filed by Carol Meyers. [11500950] (SD) [Entered: 11/15/2019 02:59 PM]
November 6, 2019 Filing 44 Filed clerk order: The reply brief [ # 43 ] submitted by Carol Meyers is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [11491491] (SML) [Entered: 11/06/2019 03:25 PM]
November 6, 2019 Filing 43 Submitted (ECF) Reply Brief for review. Submitted by Appellant Carol Meyers. Date of service: 11/06/2019. [11491233] [19-15051] (Garris, Christian) [Entered: 11/06/2019 02:01 PM]
November 4, 2019 Filing 42 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for March 2020 and the 2 subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[11487725]. [19-15051] (AW) [Entered: 11/04/2019 12:21 PM]
October 10, 2019 Filing 41 Received 6 paper copies of Opening Brief [ # 12 ] filed by Carol Meyers. [11461552] (SD) [Entered: 10/11/2019 09:29 AM]
October 10, 2019 Filing 40 Filed 3 paper copies of excerpts of record [ # 14 ], [24] in 4 volume(s) (Volumes 3 and 4 UNDER SEAL) filed by Appellant Carol Meyers. [11461010] (SML) [Entered: 10/10/2019 03:06 PM]
October 9, 2019 Filing 39 Filed 3 paper copies of supplemental excerpts of record [ # 28 ], [34] in 2 volume(s) (Volume 2 UNDER SEAL) filed by Appellee Kaiser Foundation Health Plan, Inc.. [11460688] (SML) [Entered: 10/10/2019 12:31 PM]
October 9, 2019 Filing 38 Received 6 paper copies of Answering Brief [33] filed UNDER SEAL by Kaiser Foundation Health Plan, Inc.. [11459672] (SD) [Entered: 10/09/2019 02:27 PM]
October 9, 2019 Filing 37 Filed clerk order: The Court sua sponte grants appellee Kaiser Foundation Health Plan, Inc. a 1 day extension of time to file the redacted answering brief, which was not timely submitted. The redacted answering brief [ # 36 ] submitted by Kaiser Foundation Health Plan, Inc. is filed. No paper copies are required at this time. [11459055] (SML) [Entered: 10/09/2019 10:01 AM]
October 8, 2019 Filing 36 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 10/08/2019. [11457824] [19-15051] (Laska, Joseph) [Entered: 10/08/2019 11:34 AM]
September 30, 2019 Filing 35 Filed clerk order: The answering brief [33] submitted by Appellee Kaiser Foundation Health Plan, Inc. is filed UNDER SEAL. The supplemental excerpts of record [ # 28 ], [34] submitted by Appellee Kaiser Foundation Health Plan, Inc. are filed. Volume 2 of the supplemental excerpts is filed UNDER SEAL. The Court previously filed the opening brief [ # 12 ] and excerpts of record [ # 14 ], [24] submitted by Appellant Carol Meyers. Within 7 days of this order, the filer of each brief is ordered to file 6 copies of that brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the Court's website at # http://www.ca9.uscourts.gov/forms/form18.pdf . The covers of the opening brief must be blue. The covers of the answering brief must be red. Within 7 days of this order, the filer of each set of excerpts of record is ordered to file 3 copies of that set of excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [11449367] (LA) [Entered: 09/30/2019 06:22 PM]
September 30, 2019 Filing 34 Submitted (ECF) UNDER SEAL Supplemental Excerpts of Record, Vol. 2. Submitted by Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 09/16/2019. (Court-entered filing, excerpts of record originally submitted in [27].) [11448958] (OC) [Entered: 09/30/2019 02:58 PM]
September 30, 2019 Filing 33 Submitted (ECF) UNDER SEAL Unredacted Answering Brief for review. Submitted by Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 09/16/2019. (Court-entered filing, brief originally submitted in [27].) [11448953] (OC) [Entered: 09/30/2019 02:57 PM]
September 30, 2019 Filing 32 Filed order (Appellate Commissioner): Appellees motion (Docket Entry No. [27]) to file under seal the unredacted answering brief and Volume 2 of the supplemental excerpts of record, to which no opposition has been filed, is granted. The Clerk shall publicly file the motion and Volume 1 of the supplemental excerpts of record, and shall file under seal Volume 2 and the unredacted answering brief. Within 7 days after the date of this order, appellee shall submit for public filing a redacted version of the answering brief. No paper copies of the redacted brief will be required. The optional reply brief remains due November 6, 2019. (Sealed Documents) [11448949] (OC) [Entered: 09/30/2019 02:56 PM]
September 30, 2019 Filing 31 Filed Appellee Kaiser Foundation Health Plan, Inc. motion to file Unredacted Answering Brief & Supplemental Excerpts of Record, Vol. 2 UNDER SEAL. Deficiencies: None. Served on 09/16/2019. (Court-entered filing of motion submitted under seal at [27]) [11448947] (OC) [Entered: 09/30/2019 02:55 PM]
September 24, 2019 Filing 30 Streamlined request [29] by Appellant Carol Meyers to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/06/2019. [11441546] (JN) [Entered: 09/24/2019 12:03 PM]
September 24, 2019 Filing 29 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Carol Meyers. New requested due date is 11/06/2019. [11441414] [19-15051] (Garris, Christian) [Entered: 09/24/2019 11:42 AM]
September 16, 2019 Filing 28 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 09/16/2019. [11433398] [19-15051] (Laska, Joseph) [Entered: 09/16/2019 06:10 PM]
September 16, 2019 Filing 27 Filed (ECF) UNDER SEAL Appellee Kaiser Foundation Health Plan, Inc. motion to file document under seal and submit sealed document. Type of document: other (Motion attaching Appellee's Brief and Vol. 2 of Supplemental Excerpts of Record). Date of service: 09/16/2019. [11433375] [19-15051] (Laska, Joseph) [Entered: 09/16/2019 05:43 PM]
August 14, 2019 Filing 26 Filed clerk order: The opening brief [ # 12 ] and excerpts of record [ # 14 ], [24] submitted by Carol Meyers are filed. No paper copies are required at this time. [11396993] (SML) [Entered: 08/14/2019 11:39 AM]
August 14, 2019 Filing 25 Deleted Incorrect Entry. Entered in error. [11396980] (SML) [Entered: 08/14/2019 11:32 AM]
August 13, 2019 Filing 24 Submitted (ECF) UNDER SEAL Excerpts of Record, Vols. 3-4. Submitted by Appellant Carol Meyers. Date of service: 07/16/2019. (Court-entered filing, Excerpts of Record originally submitted in [13], [15].) [11396219] (OC) [Entered: 08/13/2019 03:07 PM]
August 13, 2019 Filing 23 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [13]) to seal Volume 4 of the excerpts of record is granted. Appellees unopposed motion (Docket Entry No. [18]) to seal Volume 3 of the excerpts of record is granted. The Clerk shall publicly file both motions, the notice of intent to unseal, the opening brief, and Volumes 1 and 2 of the excerpts of record, and shall file Volumes 3 and 4 under seal. The existing briefing schedule shall continue in effect. (Sealed Documents) [11396207] (OC) [Entered: 08/13/2019 03:00 PM]
August 13, 2019 Filing 22 Filed Appellant Carol Meyers unopposed motion to file Excerpts of Record, Vol. 4 UNDER SEAL. Deficiencies: None. Served on 07/16/2019. (Court-entered filing of motion submitted under seal at [13]) [11396201] (OC) [Entered: 08/13/2019 02:58 PM]
August 13, 2019 Filing 21 Filed Appellee Kaiser Foundation Health Plan, Inc. unopposed motion to maintain Excerpts of Record, Vol. 3 UNDER SEAL. Deficiencies: None. Served on 08/05/2019. (Court-entered filing of motion submitted under seal at [18]) [11396176] [11396176] (OC) [Entered: 08/13/2019 02:50 PM]
August 13, 2019 Filing 20 Filed (ECF) notice of filing Excerpts of Record, Vol. 3 ([15]) publicly pursuant to Ninth Circuit Rule 27-13(f). Filed by Appellant Carol Meyers. Date of service: 07/16/2019. (Court-entered filing) [11396157] (OC) [Entered: 08/13/2019 02:44 PM]
August 9, 2019 Filing 19 Filed (ECF) Appellant Carol Meyers response to motion ([18] Motion (Seal) (ECF Filing)). Date of service: 08/09/2019. [11392185] [19-15051] (Garris, Christian) [Entered: 08/09/2019 09:08 AM]
August 5, 2019 Filing 18 Filed (ECF) UNDER SEAL Appellee Kaiser Foundation Health Plan, Inc. motion to maintain document under seal. Date of service: 08/05/2019. [11387754] [19-15051] (McCallum, Joanna) [Entered: 08/05/2019 04:32 PM]
July 18, 2019 Filing 17 Streamlined request [16] by Appellee Kaiser Foundation Health Plan, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellee Kaiser Foundation Health Plan, Inc. answering brief due 09/16/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11368426] (JN) [Entered: 07/18/2019 02:30 PM]
July 18, 2019 Filing 16 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Kaiser Foundation Health Plan, Inc.. New requested due date is 09/16/2019. [11368188] [19-15051] (McCallum, Joanna) [Entered: 07/18/2019 01:10 PM]
July 16, 2019 Filing 15 Filed (ECF) UNDER SEAL Appellant Carol Meyers notice of intent to unseal previously sealed material. Material: excerpts of record. Date of service: 07/16/2019. [11364837] [19-15051]--[COURT UPDATE: Attached PDF of the excerpts. 07/17/2019 by KWG] (Garris, Christian) [Entered: 07/16/2019 11:15 AM]
July 16, 2019 Filing 14 Submitted (ECF) excerpts of record. Submitted by Appellant Carol Meyers. Date of service: 07/16/2019. [11364824] [19-15051]--[COURT UPDATE: Attached corrected PDF of the excerpts. 07/17/2019 by KWG] (Garris, Christian) [Entered: 07/16/2019 11:11 AM]
July 16, 2019 Filing 13 Filed (ECF) UNDER SEAL Appellant Carol Meyers motion to file document under seal and submit sealed document. Type of document: excerpts of record. Date of service: 07/16/2019. [11364814] [19-15051]--[COURT UPDATE: Attached corrected PDF of the motion to seal and excerpts. 07/17/2019 by KWG] (Garris, Christian) [Entered: 07/16/2019 11:09 AM]
July 16, 2019 Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellant Carol Meyers. Date of service: 07/16/2019. [11364797] [19-15051] (Garris, Christian) [Entered: 07/16/2019 11:05 AM]
May 10, 2019 Filing 11 Filed clerk order (Deputy Clerk: SM): Granting Unopposed Motion [ # 10 ] to extend time to file brief filed by Appellant Carol Meyers Appellant Carol Meyers opening brief due 07/16/2019. Appellee Kaiser Foundation Health Plan, Inc. answering brief due 08/15/2019. The optional reply brief is due 21 days after service of the answering brief. [11294034] (SAM) [Entered: 05/10/2019 04:51 PM]
May 10, 2019 Filing 10 Filed (ECF) Appellant Carol Meyers Unopposed Motion to extend time to file Opening brief until 07/16/2019. Date of service: 05/10/2019. [11293750] [19-15051] (Garris, Christian) [Entered: 05/10/2019 03:00 PM]
April 11, 2019 Filing 9 Streamlined request [8] by Appellant Carol Meyers to extend time to file the brief is approved. Amended briefing schedule: Appellant Carol Meyers opening brief due 05/17/2019. Appellee Kaiser Foundation Health Plan, Inc. answering brief due 06/17/2019. The optional reply brief is due 21 days from the date of service of the answering brief. [11260875] (Witt, Dusty) [Entered: 04/11/2019 12:56 PM]
April 11, 2019 Filing 8 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Carol Meyers. New requested due date is 05/17/2019. [11260369] [19-15051] (Garris, Christian) [Entered: 04/11/2019 09:23 AM]
February 14, 2019 Filing 7 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant further settlement discussions. [11190812] (VS) [Entered: 02/14/2019 03:06 PM]
January 18, 2019 Filing 6 MEDIATION CONFERENCE SCHEDULED - AssessmentConference, 02/14/2019, 2:00 p.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [11158635] (VS) [Entered: 01/18/2019 10:16 AM]
January 16, 2019 Filing 5 The Mediation Questionnaire for this case was filed on 01/16/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11156377] (AD) [Entered: 01/16/2019 06:46 PM]
January 16, 2019 Filing 4 Filed (ECF) Appellant Carol Meyers Mediation Questionnaire. Date of service: 01/16/2019. [11156356] [19-15051] (Garris, Christian) [Entered: 01/16/2019 06:12 PM]
January 10, 2019 Filing 3 Added attorney Joanna Sobol McCallum for Kaiser Foundation Health Plan, Inc., in case 19-15051. [11148436] (NAC) [Entered: 01/10/2019 11:51 AM]
January 10, 2019 Filing 2 Filed (ECF) notice of appearance of Joanna Sobol McCallum for Appellee Kaiser Foundation Health Plan, Inc.. Date of service: 01/10/2019. (Party previously proceeding without counsel: No) [11148435] [19-15051] (McCallum, Joanna) [Entered: 01/10/2019 11:51 AM]
January 9, 2019 Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/16/2019. Transcript ordered by 02/08/2019. Transcript due 03/11/2019. Appellant Carol Meyers opening brief due 04/19/2019. Appellee Kaiser Foundation Health Plan, Inc. answering brief due 05/20/2019. Appellant's optional reply brief is due 21 days after service of the answering brief. [11147049] (JBS) [Entered: 01/09/2019 01:56 PM]

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Defendant / appellee: KAISER FOUNDATION HEALTH PLAN, INC.
Represented By: Joseph Edward Laska Esquire III
Represented By: Joanna Sobol McCallum
Represented By: Sarah Gettings
Represented By: Gregory Neil Pimstone
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Plaintiff / appellant: CAROL MEYERS
Represented By: Christian J. Garris
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