FRAZER v. KAISER FOUNDATION HEALTH PLAN, INC. et al
| GREGORY FRAZER |
| NEWPORT LANGUAGE, SPEECH AND AUDIOLOGY CENTER, INC., PACIFICARE HEALTH PLAN ADMINISTRATORS, INC. and KAISER FOUNDATION HEALTH PLAN, INC. |
| UNITED STATES OF AMERICA |
| 1:2006cv00377 |
| March 3, 2006 |
| US District Court for the District of Columbia |
| Ricardo M Urbina |
| Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 7, 2009. A more recent docket listing may be available from PACER.
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MINUTE ORDER granting in part and denying in part #15 the Plaintiff's Motion to Dismiss. The court construes the plaintiff's motion and the Response by the United States as notice of voluntary dismissal under Federal Rule of Civil Procedure 41(a)(1)(A). This, by definition, is without prejudice. Fed. R. Civ. P. 41(a)(1)(B). Because the plaintiff failed to cite to, much less provide analysis of, any statute or case law supporting the request to toll the statute of limitations, the court denies this request. Signed by Judge Ricardo M. Urbina on 4/7/09. (lcrmu2)
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| Filing 16 RESPONSE TO ORDER OF THE COURT re Order, #15 Motion, filed by UNITED STATES OF AMERICA. (Mussenden, Paul) Modified on 4/7/2009 (nmw, ). |
| Set/Reset Deadlines/Hearings: The United States' submission is due on or before Monday, April 6, 2009. (jwd ) |
| Filing 15 MOTION to Dismiss by GREGORY FRAZER (Attachments: #1 Text of Proposed Order)(Ndirika, Rita) |
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MINUTE ORDER soliciting the written consent of the United States pursuant to paragraph 7 of the court's September 2, 2008 order. The United States' submission is due on or before Monday, April 6, 2009. Signed by Judge Ricardo M. Urbina on 4/1/09. (lcrmu2)
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MINUTE ORDER discharging show cause order and extending the deadline for service of process until March 31, 2009. The plaintiff has already had over six months to effect service of process and has already been granted an extension of time. In the process the plaintiff has managed to run afoul of the federal rules of civil procedure, the local civil rules and this court's order. Having failed to adhere to and stay apprised of the court's orders in this case, the plaintiff is given one last opportunity to effect service of process on or before March 31, 2009. Should the plaintiff again disregard the court's deadlines, the court hereby puts the plaintiff on notice that it may sua sponte dismiss the case for failure to prosecute. Fed. R. Civ. P. 4(m); see also LCvR 83.23 (providing that the court may dismiss a case sua sponte for failure to prosecute). Signed by Judge Ricardo M. Urbina on 3/10/09. (lcrmu2)
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| NOTICE OF CORRECTED DOCKET ENTRY: Docket Entry #14 Response to Order to Show Cause was entered in error as a separate entry and the exhibit has been added to Docket Entry #13 . (nmw, ) |
| Set/Reset Deadlines/Hearings: deadline for service of process until March 31, 2009. (jwd ) |
| Filing 14 ENTERED IN ERROR.....RESPONSE TO ORDER TO SHOW CAUSE by GREGORY FRAZER Exhibit A. (Ndirika, Rita) Modified on 3/10/2009 (nmw, ). |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE by GREGORY FRAZER. (Attachments: #1 Text of Proposed Order)(Ndirika, Rita) (Additional attachment(s) added on 3/10/2009: #2 Exhibit A) (nmw, ). |
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MINUTE ORDER: On January 21, 2009, the court ordered that the plaintiff effect service on or before February 27, 2009. To date, the record reflects no proof of service or waiver of service by the defendants. Fed. R. Civ. P. 4(m); see also LCvR 83.23. The court therefore ORDERS the plaintiff to SHOW CAUSE on or before March 9, 2009, as to why the court should not dismiss this case for failure to demonstrate proper service of the complaint pursuant to Federal Rule of Civil Procedure 4(m). Fed. R. Civ. P. 4(m); see also LCvR 83.23 (providing that the court may dismiss a case sua sponte for failure to prosecute). The court notes with disapproval that this is the second time in fifty days such a SHOW CAUSE order has been issued. Signed by Judge Ricardo M. Urbina on 3/4/09. (lcrmu2)
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MINUTE ORDER striking #12 Motion for Order. The plaintiff's motion to amend the complaint does not comply with Local Civil Rule 15.1. Signed by Judge Ricardo M. Urbina on 2/28/09. (lcrmu2)
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| Filing 12 STRICKEN PURSUANT TO MINUTE ORDER OF 2/28/2009.....MOTION for Order by GREGORY FRAZER (Attachments: #1 Text of Proposed Order)(Ndirika, Rita) Modified on 3/2/2009 (jwd, ). |
| Set/Reset Deadlines/Hearings: The plaintiff shall effect proper service on or before February 27, 2009. (jwd ) |
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MINUTE ORDER discharging SHOW CAUSE Order. The plaintiff shall effect proper service on or before February 27, 2009. Signed by Judge Ricardo M. Urbina on 1/21/09. (lcrmu2)
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| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by GREGORY FRAZER. (Attachments: #1 Text of Proposed Order)(Ndirika, Rita) |
| Set/Reset Deadlines/Hearings: plaintiff to show cause on or before January 16, 2009, as to why the court should not dismiss this case for failure to demonstrate proper service of the complaint pursuant to Federal Rule of Civil Procedure 4(m). Fed. R. Civ. P. 4(m); see also LCvR 83.23 (providing that the court may dismiss a case sua sponte for failure to prosecute). (jwd ) |
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MINUTE ORDER: On September 2, 2008, the court unsealed the complaint in this case and directed the relator to serve the defendants. To date, the record reflects no proof of service or waiver of service by the defendants. Fed. R. Civ. P. 4(m); see also LCvR 83.23. The court therefore ORDERS the plaintiff to show cause on or before January 16, 2009, as to why the court should not dismiss this case for failure to demonstrate proper service of the complaint pursuant to Federal Rule of Civil Procedure 4(m). Fed. R. Civ. P. 4(m); see also LCvR 83.23 (providing that the court may dismiss a case sua sponte for failure to prosecute). Signed by Judge Ricardo M. Urbina on 1/13/09. (lcrmu2)
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***Case Unsealed pursuant to order filed 9/2/08 signed by Judge Ricardo M. Urbina. (jeb, )
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Filing 10
ORDER. Signed by Judge Ricardo M. Urbina on September 2, 2008, directing that the complaint be UNSEALED and served upon the defendants by the relator. All other contents of the Court's filed inthis action remain UNDER SEAL and not be made public or served upon the defendants, except for this Order and The United States' Notice of Election to Decline Intervention, which the relator will serve upon the defendants only after service of the complaint. LIFTING the SEAL as to all other matters occurring in this action after the date of this order. Parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the United States, as provided for in 31 U.S.C. 3737(c)(3). The United States may order any deposition transcripts and is entitled to intervene in this action, for good cause, at any time. The parties shall serve all notice of appeal upon the United Staes; all order of this Court shall be sent to the United States; and that should the relator or the defendants propose that this action be dismissed, settled, or otherwise discontinued, the Court will solicit the written consent of the United States before ruling or granting its approval. (zjwd)
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| Filing 9 NOTICE of Election to Decline Intervention by UNITED STATES OF AMERICA. (zjf) |
| Filing 1 COMPLAINT against KAISER FOUNDATION HEALTH PLAN, INC., PACIFICARE HEALTH PLAN ADMINISTRATORS, INC., NEWPORT LANGUAGE, SPEECH AND AUDIOLOGY CENTER, INC. (Filing fee $ 250) filed by GREGORY FRAZER. (Attachments: #1 Exhibit)(zjf, ) |
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