Brand Tarzana Surgical Inst. v. ILWU-PMA Welfare Plan, et al
| INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARITIME ASSOCIATION COASTWISE INDEMNITY PLAN and DOES, 1 through 10 |
| BRAND TARZANA SURGICAL INSTITUTE, INC., a California Corporation |
| DEFENDANT INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARTIME ASSOCATION WELFARE PLAN and INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARTIME ASSOCATION WELFARE PLAN |
| 22-55211 |
| February 28, 2022 |
| U.S. Court of Appeals, Ninth Circuit |
| Employee Retirement |
Opinions
We have the following opinions for this case:
| Description |
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| BRAND TARZANA SURGICAL INST. V. ILWU-PMA WELFARE PLAN, ET AL |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.
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Filing 45
MANDATE ISSUED.(CTB, SSI and MBC) [12620269] (NAC) [Entered: 12/30/2022 08:03 AM]
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Filing 44
FILED MEMORANDUM DISPOSITION (CARLOS T. BEA, SANDRA S. IKUTA and MORGAN B. CHRISTEN) AFFIRMED. FILED AND ENTERED JUDGMENT. [12605675] (JN) [Entered: 12/08/2022 02:07 PM]
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Filing 43
SUBMITTED ON THE BRIEFS TO CARLOS T. BEA, SANDRA S. IKUTA and MORGAN B. CHRISTEN. [12603259] (BG) [Entered: 12/06/2022 10:52 AM]
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Filing 42
Filed clerk order (Deputy Clerk: AF): The Court is of the 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. Therefore, this matter is ordered submitted without oral argument on December 6, 2022, in Pasadena, California. Fed. R. App. P. 34(a)(2)(C). Appellants motion to continue the hearing of the case is hereby denied as moot (Dkt. [ # 41 ]). [12596384] (AF) [Entered: 11/28/2022 09:46 AM]
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Filing 41
Filed (ECF) Appellant Brand Tarzana Surgical Institute, Inc. Unopposed Motion to continue hearing of case. Date of service: 11/18/2022. [12590878] [22-55211] (Hakakian, Mina) [Entered: 11/18/2022 09:21 AM]
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Filing 40
Terminated Eden Edwards Anderson for International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan in 22-55211 [12582976] (DJV) [Entered: 11/08/2022 03:24 PM]
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Filing 39
Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Eden Edwards Anderson for Appellee International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. Party proceeding without counsel: No. Date of service: 11/08/2022. [12582971] [22-55211] (Perkins, Stephen) [Entered: 11/08/2022 03:22 PM]
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Filing 38
Filed (ECF) Acknowledgment of hearing notice by Attorney Mrs. Mina Hakakian, Esquire for Appellant Brand Tarzana Surgical Institute, Inc.. Hearing in Pasadena on 12/06/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 11/08/2022. [12582790] [22-55211] (Hakakian, Mina) [Entered: 11/08/2022 01:42 PM]
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Filing 37
Attorney Richard D. Williams in 22-55211 substituted by Attorney Mina Hakakian in 22-55211 [12582751] (DJV) [Entered: 11/08/2022 01:16 PM]
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Filing 36
Filed (ECF) notice of appearance of Mina Hakakian (Williams Wollitz Hakakian PC; 1539 Westwood Blvd. Second Floor, Los Angeles, CA 90024) for Appellant Brand Tarzana Surgical Institute, Inc.. Substitution for Attorney Mr. Richard D. Williams, Esquire for Appellant Brand Tarzana Surgical Institute, Inc.. Date of service: 11/08/2022. (Party was previously proceeding with counsel.) [12582677] [22-55211] (Hakakian, Mina) [Entered: 11/08/2022 12:13 PM]
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Filing 35
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Richard D. Williams, Esquire for Appellant Brand Tarzana Surgical Institute, Inc.. Hearing in Pasadena on 12/06/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/31/2022. [12576617] [22-55211] (Williams, Richard) [Entered: 10/31/2022 11:28 AM]
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Filing 34
Filed (ECF) Acknowledgment of hearing notice by Attorney Emily Maglio for Appellee International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. Hearing in Pasadena on 12/06/2022 at 09:00 A.M. (Courtroom: Courtroom 1). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/28/2022. [12575751] [22-55211] (Maglio, Emily) [Entered: 10/28/2022 02:21 PM]
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Filing 33
Notice of Oral Argument on Tuesday, December 6, 2022 - 09:00 A.M. - Courtroom 1 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12575049]. [22-55211] (KS) [Entered: 10/27/2022 05:08 PM]
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Filing 32
Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Richard D. Williams, Esquire for Appellant Brand Tarzana Surgical Institute, Inc.. Hearing in Pasadena on 12/06/2022 at 09:00 A.M. (Courtroom: Courtroom 2). Filer sharing argument time: No. (Argument minutes: 10) Appearance in person or by video: I wish to appear by video. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/27/2022. [12550423] [22-55211] (Williams, Richard) [Entered: 09/27/2022 11:02 AM]
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Filing 31
Notice of Oral Argument on Tuesday, December 6, 2022 - 09:00 A.M. - Courtroom 2 - Scheduled Location: Pasadena CA. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case # here . NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available # here . At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the # GUIDELINES for important information about your hearing, including when to be available (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 28 days before Tuesday, December 6, 2022. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12548472]. [22-55211] (KS) [Entered: 09/25/2022 06:09 AM]
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Filing 30
Received 6 paper copies of Reply Brief [ # 28 ] filed by Brand Tarzana Surgical Institute, Inc.. [12539159] (SD) [Entered: 09/13/2022 12:32 PM]
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Filing 29
Filed clerk order: The reply brief [ # 28 ] submitted by Brand Tarzana Surgical Institute, Inc. 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. [12534339] (LA) [Entered: 09/06/2022 04:03 PM]
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Filing 28
Submitted (ECF) Reply Brief for review. Submitted by Appellant Brand Tarzana Surgical Institute, Inc.. Date of service: 09/06/2022. [12533918] [22-55211]--[COURT UPDATE: Attached corrected PDF. 09/06/2022 by LA] (Williams, Richard) [Entered: 09/06/2022 12:14 PM]
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Filing 27
Filed (ECF) Attorney Mr. Stephen Bradley Perkins, Esquire for Appellee International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan response to notice for case being considered for oral argument. Date of service: 08/24/2022. [12525272] [22-55211] (Perkins, Stephen) [Entered: 08/24/2022 01:27 PM]
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Filing 26
Filed (ECF) Attorney Mr. Richard D. Williams, Esquire for Appellant Brand Tarzana Surgical Institute, Inc. response to notice for case being considered for oral argument. Date of service: 08/22/2022. [12522509] [22-55211] (Williams, Richard) [Entered: 08/22/2022 11:55 AM]
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Filing 25
This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for December 2022 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 : Correspondence to Court; Subject : request for mediation).[12521566]. [22-55211] (KS) [Entered: 08/19/2022 03:21 PM]
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Filing 24
Received 3 paper copies of supplemental excerpts of record [ # 18 ] in 1 volume(s) filed by International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. [12511544] (NAR) [Entered: 08/08/2022 09:51 AM]
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Filing 23
Received 6 paper copies of Answering Brief [ # 17 ] filed by International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. [12511540] (NAR) [Entered: 08/08/2022 09:49 AM]
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Filing 22
Streamlined request [21] by Appellant Brand Tarzana Surgical Institute, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 09/21/2022. [12508740] (DLM) [Entered: 08/03/2022 01:55 PM]
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Filing 21
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellant Brand Tarzana Surgical Institute, Inc.. New requested due date is 09/21/2022. [12508589] [22-55211] (Williams, Richard) [Entered: 08/03/2022 11:58 AM]
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Filing 20
COURT UPDATE: Updated Appellee's name to remove the word "Defendant", "International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan". [12507665] (TYL) [Entered: 08/02/2022 01:29 PM]
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Filing 19
Filed clerk order: The answering brief [ # 17 ] submitted by Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan 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: red. The supplemental excerpts of record [ # 18 ] submitted by Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan are filed. Within 7 days of this order, filer is ordered to file 3 copies of the 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. [12507126] (LA) [Entered: 08/02/2022 08:36 AM]
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Filing 18
Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. Date of service: 08/01/2022. [12506866] [22-55211] (Maglio, Emily) [Entered: 08/01/2022 04:38 PM]
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Filing 17
Submitted (ECF) Answering Brief for review. Submitted by Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. Date of service: 08/01/2022. [12506858] [22-55211] (Maglio, Emily) [Entered: 08/01/2022 04:34 PM]
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Filing 16
Received 3 paper copies of excerpts of record [ # 11 ] in 1 volume(s) filed by Brand Tarzana Surgical Institute, Inc.. [12465238] (NAR) [Entered: 06/07/2022 10:42 AM]
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Filing 15
Received 6 paper copies of Opening Brief [ # 10 ] filed by Brand Tarzana Surgical Institute, Inc.. [12465234] (NAR) [Entered: 06/07/2022 10:41 AM]
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Filing 14
Streamlined request [13] by Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan to extend time to file the brief is approved. Amended briefing schedule: Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan answering brief due 08/01/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12462539] (DLM) [Entered: 06/02/2022 05:35 PM]
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Filing 13
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. New requested due date is 08/01/2022. [12462518] [22-55211] (Maglio, Emily) [Entered: 06/02/2022 05:01 PM]
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Filing 12
Filed clerk order: The opening brief [ # 10 ] submitted by Brand Tarzana Surgical Institute, Inc. 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: blue. The excerpts of record [ # 11 ] submitted by Brand Tarzana Surgical Institute, Inc. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the 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. [12462293] (JMR) [Entered: 06/02/2022 02:29 PM]
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Filing 11
Submitted (ECF) excerpts of record. Submitted by Appellant Brand Tarzana Surgical Institute, Inc.. Date of service: 05/31/2022. [12459670] [22-55211]--[COURT UPDATE: Attached corrected excerpts. 06/02/2022 by JMR] (Williams, Richard) [Entered: 05/31/2022 12:00 PM]
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Filing 10
Submitted (ECF) Opening Brief for review. Submitted by Appellant Brand Tarzana Surgical Institute, Inc.. Date of service: 05/31/2022. [12459667] [22-55211]--[COURT UPDATE: Attached corrected PDF. 06/02/2022 by JMR] (Williams, Richard) [Entered: 05/31/2022 11:58 AM]
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Filing 9
Streamlined request [8] by Appellant Brand Tarzana Surgical Institute, Inc. to extend time to file the brief is approved. Amended briefing schedule: Appellant Brand Tarzana Surgical Institute, Inc. opening brief due 06/01/2022. Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan answering brief due 07/01/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12427565] (JN) [Entered: 04/21/2022 11:15 AM]
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Filing 8
Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Brand Tarzana Surgical Institute, Inc.. New requested due date is 06/01/2022. [12427544] [22-55211] (Williams, Richard) [Entered: 04/21/2022 11:01 AM]
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Filing 7
MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [12408785] (CL) [Entered: 03/30/2022 01:22 PM]
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Filing 6
MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 03/29/2022, 11:00 a.m. PACIFIC Time. The briefing schedule previously set by the court remains in effect. See order for instructions and details. [12392218] (CL) [Entered: 03/10/2022 05:53 PM]
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Filing 5
Added Attorney(s) Eden Edwards Anderson for party(s) Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan, in case 22-55211. [12383815] (DJV) [Entered: 03/02/2022 08:02 AM]
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Filing 4
Filed (ECF) notice of appearance of Eden Edwards Anderson (Seyfarth Shaw LLP, 560 Mission Street, Suite 3100, San Francisco, CA 94105) for Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan. Date of service: 03/02/2022. (Party was previously proceeding with counsel.) [12383812] [22-55211] (Anderson, Eden) [Entered: 03/02/2022 07:55 AM]
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Filing 3
The Mediation Questionnaire for this case was filed on 03/01/2022. 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.[12383095]. [22-55211] (AD) [Entered: 03/01/2022 12:44 PM]
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Filing 2
Filed (ECF) Appellant Brand Tarzana Surgical Institute, Inc. Mediation Questionnaire. Date of service: 03/01/2022. [12383005] [22-55211] (Williams, Richard) [Entered: 03/01/2022 12:04 PM]
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Filing 1
DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Brand Tarzana Surgical Institute, Inc. Mediation Questionnaire due on 03/07/2022. Appellant Brand Tarzana Surgical Institute, Inc. opening brief due 05/02/2022. Appellee Defendant International Longshore & Warehouse Union-Pacific Martime Assocation Welfare Plan answering brief due 06/02/2022. Appellant's optional reply brief is due 21 days after service of the answering brief. [12382130] (RT) [Entered: 02/28/2022 02:47 PM]
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| Plaintiff / appellant: BRAND TARZANA SURGICAL INSTITUTE, INC., a California Corporation | |
| Represented By: | Richard D. Williams Esquire |
| Represented By: | Mina Hakakian Esquire |
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| Defendant / appellee: DEFENDANT INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARTIME ASSOCATION WELFARE PLAN | |
| Represented By: | Emily Maglio |
| Represented By: | Stephen Bradley Perkins Esquire |
| Represented By: | Kathleen Cahill Slaught |
| Represented By: | Eden Edwards Anderson |
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| Defendant / appellee: INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARTIME ASSOCATION WELFARE PLAN | |
| Represented By: | Emily Maglio |
| Represented By: | Stephen Bradley Perkins Esquire |
| Represented By: | Kathleen Cahill Slaught |
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| Defendant: INTERNATIONAL LONGSHORE & WAREHOUSE UNION-PACIFIC MARITIME ASSOCIATION COASTWISE INDEMNITY PLAN | |
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| Defendant: DOES, 1 through 10 | |
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