Sidlo v. Kaiser Permanente Insurance Company
Plaintiff: Toby Sidlo
Defendant: Doe Defendants 1-50, Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.
Respondent: Air Ambulance Specialists, Inc.
Interested Party: Insurance Commissioner, Department of Commerce and Consumer Affairs
Case Number: 1:2015cv00269
Filed: July 15, 2015
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: KEVIN SC CHANG
Referring Judge: ALAN C KAY
Nature of Suit: Contract: Other
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 4, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 4, 2018 Opinion or Order Filing 535 ORDER of USCA CA No. 16-17208 as to #516 Notice of Appeal, filed by Toby Sidlo Pursuant to the parties' Stipulated Motion to Voluntarily Dismiss Appeal, Dkt. 57, this appeal is hereby dismissed, and each party is to bear its own costs and fees. Fed. R. App. P. 42(b). This order served on the district court shall constitute the mandate of this court. (eps, )
October 16, 2017 Opinion or Order Filing 534 ORDER of USCA CA No. 16-17208 as to #516 Notice of Appeal, filed by Toby Sidlo 1:15-cv-00269-ACK-KSC and 1:16-cv-00073-ACK-KSC (eps, )
August 14, 2017 Opinion or Order Filing 533 ORDER of USCA CA No. 16-17208 as to #516 Notice of Appeal,,,, filed by Toby Sidlo (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
July 17, 2017 Opinion or Order Filing 532 ORDER of USCA CA No. 16-17208 as to #516 Notice of Appeal filed by Toby Sidlo CIV NO. 15-00269 ACK-KSC, CIV NO. 16-00073 ACK-KSC (eps, )
June 12, 2017 Opinion or Order Filing 531 ORDER of USCA as to #516 Notice of Appeal, filed by Toby Sidlo (eps, )
February 2, 2017 Filing 530 TRANSCRIPT of Proceedings M/SJ AGAINST HLF AND AMRG; PLTFF KAISER FOUNDATION'S M/DISM held on 11/7/16 - before Judge ALAN C. KAY. Court Reporter Cynthia Fazio, Telephone number (808) 541-2063. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 2/21/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017. (64 pp.) (cf@hid.uscourts.gov)
December 27, 2016 Filing 528 EO: By letter dated 12/22/2016, signed jointly by attorneys Lisa Munger and John Conway, counsel requested an extension of the deadline to file any Motion for Attorney's Fees and Bill of Costs until 45 days after the pleadings are settled in Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corp., et al., Civil No. 16-00073. Based on the ongoing discussions between counsel regarding possible arbitration and/or resolution of the lawsuits and to promote efficiency, judicial economy and the orderly administration of justice, the Court grants counsels' joint request. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 20, 2016 Filing 527 TRANSCRIPT Designation and Ordering Form by Toby Sidlo for proceedings held on 03/31/16, 06/20/16, 09/15/16 before Judge Alan C. Kay, re #516 Notice of Appeal,,,, Transcript due by 12/29/2016. (Conway, John)No COS issued for this docket entry
December 14, 2016 Filing 526 CLERK'S JUDGMENT entered on 12/14/2016 pursuant to #487 ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT, AND SUA SPONTE DISMISSING COUNT VI WITHOUT PREJUDICE and #525 ORDER DIRECTING ENTRY OF JUDGMENT. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 14, 2016 Opinion or Order Filing 525 ORDER DIRECTING ENTRY OF JUDGMENT re #487 - Signed by JUDGE ALAN C. KAY on 12/14/2016. " In accordance with its Summary Judgment Order, the Court DIRECTS the clerk to enter judgment in favor of Defendants KPIC and KFHP and against Plaintiff Toby Sidlo and to close this action." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 2, 2016 Filing 524 Attorney Appeal Packet re #516 Notice of Appeal filed by Toby Sidlo, 9CCA NO. 16-17208. (Attachments: #1 Notice of Appeal, #2 Instructions for Civil Appeals, #3 Additional Instructions for Transcript Designation and Ordering Form, #4 Letter Re: Court Reporters, #5 Transcript Designation and Ordering Form, #6 Docket Sheet (Part 1 of 2), #7 Docket Sheet (Part 2 of 2)) (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 1, 2016 Filing 523 EO:[ECF No. 418] Motion to designate Materials as highly Confidential Pursuant to the First Amended QPO [ECF147] set for Court Hearing on 12/15/2016 before Magistrate Judge Kevin Chang is hereby vacated. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 1, 2016 Filing 522 EP: Status Conference Held on 12/1/2016.Counsel John Conway and Kathleen Slaught participated telephonically. Discussion Held. Counsel have agreed to the following- Hawaii Life Flight Corporation and Defendant Air Medical Resource Group, Inc will file the First Amended Counterclaim by 1/4/2017.Counsel for Defendants/Plaintiff Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. will file the answer to the Amended Counterclaim or a responsive pleading by 1/27/2017. [ECF No. 428] Motion for Leave to File Hawaii Flight Corporation's Motion for Leave to File First Amended Counterclaim is hereby Moot. The following dates are hereby vacated in Cv No. 16-00073ACK-KSC-Settlement Conference set for 1/10/2017 and Jury Selection/Jury Trial-5/02/2017. The following date is hereby vacated in Cv No. 15-00269ACK-KSC-Non Jury Trial -1/10/2017. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 1, 2016 Filing 520 USCA Case Number 16-17208 for #516 Notice of Appeal filed by Toby Sidlo. (emt, )
November 30, 2016 Filing 521 USCA TIME SCHEDULE ORDER as to #516 Notice of Appeal filed by Toby Sidlo, 9CCA NO. 16-17208. (emt, )CERTIFICATE OF SERVICEParties served by Ninth Circuit Court of Appeals.
November 30, 2016 Opinion or Order Filing 519 ORDER DECONSOLIDATING CASES - Signed by JUDGE ALAN C. KAY on 11/30/2016. "The Court's October 31, 2016 summary judgment order having disposed of all claims in Sidlo's First Amended Complaint, the Court finds that consolidation of these two cases is no longer necessary to facilitate discovery or promote judicial economy. The Court therefore orders that Sidlo v. Kaiser Permanente Insurance Company, et al., Civ. No. 15-00269 ACK-KSC be deconsolidated from Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, et al., Civ. No. 16-00073 ACK-KSC." Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 30, 2016 Filing 518 EO: Plaintiff's Mainland Counsel-John Conway request to participate via telephone in the status conference set for 12/1/2016 before Magistrate Judge Kevin Chang is hereby Granted. A Telephone Number has been provided to Leslie Sai, Courtroom Manager as to where Counsel John Conway may be reached at. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 29, 2016 Opinion or Order Filing 517 STIPULATION TO STAY HEARING AND BRIEFINGS ON NON-PARTY AIR AMBULANCE SPECIALISTS INC.'S MOTION TO QUASH SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION, DATED JULY 15, 2016 (DKT. #45 ) AND ORDER re (425 in 1:15-cv-00269-ACK-KSC) - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/29/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 29, 2016 Filing 516 NOTICE OF APPEAL as to (487 in 1:15-cv-00269-ACK-KSC, 487 in 1:15-cv-00269-ACK-KSC) Order, Terminate Motions,,,,,,,,,,,, by Toby Sidlo. Filing fee $ 505, receipt number 0975-1796485. (Attachments: #1 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Conway, John)No COS issued for this docket entry Modified on 12/1/2016 -- This Notice of Appeal relates to the following order entered in CV 15-00269 ACK-KSC: "Order Denying Plaintiff's Motion for Partial Summary Judgment, Granting Defendant's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, Granting in Part and Denying in Part Defendants' Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, and Sua Sponte Dismissing Count VI without Prejudice" . * The Notice of Appeal was entered prior to the deconsolidation of cases CV 15-00269 ACK-KSC and CV 16-00073 ACK-KSC. (emt, ).
November 23, 2016 Filing 515 EO:Kaiser's Mainland co-counsel-Kathleen C. Slaught request to participate via telephone in the status conference set for 12/1/2016 before Magistrate Judge Kevin Chang is hereby Granted. A Telephone Number has been provided to Leslie Sai, Courtroom Manager as to where Counsel Kathleen Slaught may be reached at. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 22, 2016 Filing 514 SEALED EXHIBIT: EXHIBIT 6 to Ex Parte Motion to File Under Seal Exhibits 4-6 in Relation to Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. re ( #195 in 1:15-cv-00269-ACK-KSC) MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103]; re ( #473 in 1:15-cv-00269-ACK-KSC) Memorandum in Opposition to Motion; SEALED pursuant to ( #81 in 1:16-cv-00073-ACK-KSC, #511 in 1:15-cv-00269-ACK-KSC) Order Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 22, 2016 Filing 513 SEALED EXHIBIT: EXHIBIT 5 to Ex Parte Motion to File Under Seal Exhibits 4-6 in Relation to Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. re ( #195 in 1:15-cv-00269-ACK-KSC) MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103]; re ( #473 in 1:15-cv-00269-ACK-KSC) Memorandum in Opposition to Motion; SEALED pursuant to ( #81 in 1:16-cv-00073-ACK-KSC, #511 in 1:15-cv-00269-ACK-KSC) Order Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 22, 2016 Filing 512 SEALED EXHIBIT: EXHIBIT 4 to Ex Parte Motion to File Under Seal Exhibits 4-6 in Relation to Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. re ( #195 in 1:15-cv-00269-ACK-KSC) MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103]; re ( #473 in 1:15-cv-00269-ACK-KSC) Memorandum in Opposition to Motion; SEALED pursuant to ( #81 in 1:16-cv-00073-ACK-KSC, #511 in 1:15-cv-00269-ACK-KSC) Order Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 22, 2016 Opinion or Order Filing 511 ORDER GRANTING EX PARTE MOTION TO FILE UNDER SEAL EXHIBITS 4-6 IN RELATION TO PLAINTIFF KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO DISMISS HAWAII LIFE FLIGHT CORPORATION'S COUNTERCLAIM AGAINST KAISER FOUNDATION HEALTH PLAN, INC. re #504 Motion to Seal Document in case 1:15-cv-00269-ACK-KSC; re #73 Motion to Seal Document in case 1:16-cv-00073-ACK-KSC - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 11/22/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 22, 2016 Filing 510 EO: Status Conference set for 12/1/2016 at09:45 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 17, 2016 Opinion or Order Filing 508 ORDER GRANTING KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO DISMISS HAWAII LIFE FLIGHT CORPORATION'S COUNTERCLAIM re ( #195 ) Motion to Dismiss in case 1:15-cv-00269-ACK-KSC - Signed by JUDGE ALAN C. KAY on 11/17/2016. "For the foregoing reasons, the Court GRANTS KFHP's Motion to Dismiss HLF's Counterclaim. Counts I, II, III, and IV are dismissed with prejudice, but only to the extent they are based upon KFHP's communications with members and otherwise with leave to amend. " Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 17, 2016 Opinion or Order Filing 507 ORDER DENYING KAISER FOUNDATION HEALTH PLAN INC.'S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT IN FAVOR OF HAWAII LIFE FLIGHT CORPORATION AND AIR MEDICAL RESOURCE GROUP, INC. PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 56(F) AND LOCAL RULE 56.1(I) re ( #248 ) Motion for Summary Judgment in case 1:15-cv-00269-ACK-KSC - Signed by JUDGE ALAN C. KAY on 11/17/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 8, 2016 Filing 506 EP: Status Conference -Discussion held re: the status of this case, how to proceed, and the issue of arbitration.Parties have agreed to stay CV 16-00073ACK-KSC until 30 days after a decision on the motion to amend.Parties to send a joint letter re: staying discovery and other matters to Judge Kay and to Magistrate Judge Chang.Parties to meet amongst themselves first and then together, and to contact Leslie Sai to schedule another conference.Status Conference held on 11/8/2016. (Court Reporter No Record.) Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(MAGISTRATE JUDGE KEVIN S.C. CHANG)(tbf, )No COS issued for this docket entry Modified on 11/8/2016 (tbf, ).
November 8, 2016 Filing 505 [Additional Exhibits] Hawaii Life Flight Corporation's Submission of Exhibits 1-7 Pursuant to the Court's Request in Relation to #195 Plaintiff Kaiser Foundation Health Pan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. re #195 filed by Hawaii Life Flight Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew) Modified on 11/9/2016 to add linkage to #195 Motion to Dismiss and add text (emt, ).
November 8, 2016 Filing 504 MOTION to Seal Document Ex Parte Motion to File Under Seal Exhibits 4-6 In Relation to Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. #473 ; Declaration of Andrew J. Lautenbach; Certificate of Service Andrew James Lautenbach appearing for Counter Claimant Hawaii Life Flight Corporation, Defendant Hawaii Life Flight Corporation (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew)
November 7, 2016 Filing 503 EP: Plaintiff Kaiser Foundation Health Plan, Inc.s Motion to Dismiss Hawaii Life Flight Corporations Counterclaim Against Kaiser Foundation Health Plan, Inc. #195 ; and Plaintiff Kaiser Foundation Health Plan, Inc.s Motion for Summary Judgment Against Hawaii Life Flight and Air Medical Resource Group #248 -Court will consider the HICF 1500 form, HLFs first call agreement with hospitals, and Kaisers letters to the hospital - Ms. Slaught would like to review the letters first.Mr. Bennett to submit the letters to Ms. Slaught asap.Arguments.Plaintiff Kaiser Foundation Health Plan, Inc.s Motion for Summary Judgment Against Hawaii Life Flight and Air Medical Resource Group #248 and Plaintiff Kaiser Foundation Health Plan, Inc.s Motion to Dismiss Hawaii Life Flight Corporations Counterclaim Against Kaiser Foundation Health Plan, Inc. #195 - taken under advisement.Court to issue a written order.Motion Hearing held on 11/7/2016 re #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group filed by Kaiser Permanente Insurance Company, Kaiser Foundation Health Plan, Inc., #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103], Motions Taken Under Advisement: #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group, #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103]. (Court Reporter Cynthia Fazio.) (JUDGE ALAN C. KAY)(tbf, )No COS issued for this docket entry
November 7, 2016 Filing 502 EO: Status Conference set for 11/7/2016 is CONTINUED to 11/8/2016 at 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(MAGISTRATE JUDGE KEVIN S.C. CHANG)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 3, 2016 Filing 501 Additional Exhibits to (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion,, Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Submission of Exhibit 10 to the Declaration of Andrew J. Lautenbach attached to the Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan, Inc.'s Concise Statement of Facts [Dkt. 476] filed October 17, 2016; Exhibit 10. Certificate of Service filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Exhibit 10, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew)
November 2, 2016 Filing 500 EO: A Status Conference has been set for 11/7/2016 at 11:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 2, 2016 Filing 499 EO: On 11/1/16, Defendant/Counterclaim Plaintiff Hawaii Life Flight Corporation filed an Ex Parte Motion to Seal Docket #58 , requesting that Doc. No. 58 be sealed because it contains confidential information and was inadvertently filed. Good cause appearing therefor, the Court GRANTS the Ex Parte Motion and HEREBY SEALS Doc. No. #58 . (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 1, 2016 Filing 498 SEALED EXHIBIT: EXHIBIT 14 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 497 SEALED EXHIBIT: EXHIBIT 12 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 496 SEALED EXHIBIT: EXHIBIT 11 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 495 SEALED EXHIBIT:EXHIBIT 9 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 494 SEALED EXHIBIT: EXHIBIT 7 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 493 SEALED EXHIBIT: EXHIBIT 4 to the Declaration of Andrew J. Lautenbach Filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC) Order related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) (249 in 1:15-cv-00269-ACK-KSC) Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 492 SEALED EXHIBIT:EXHIBIT 3 to the Declaration of Andrew J. Lautenbach filed in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation health Plan Inc.'s Concise Statement of Facts [Dkt. #249 ] - filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. SEALED pursuant to (490 in 1:15-cv-00269-ACK-KSC, 490 in 1:15-cv-00269-ACK-KSC); related to: (48 in 1:16-cv-00073-ACK-KSC, 476 in 1:15-cv-00269-ACK-KSC) (249 in 1:15-cv-00269-ACK-KSC) Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, ) (emt, ).
November 1, 2016 Filing 491 MOTION to Seal Document Ex Parte Motion to Seal Docket 58; Certificate of Service Andrew James Lautenbach appearing for Counter Claimant Hawaii Life Flight Corporation Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew)
November 1, 2016 Filing 490 EO: Hawaii Life Flight Corporation and Air Medical Resource Group, Inc. is seeking to seal Exhibits 3, 4, 7, 9, 10, 11, 12, and 14 to the Declaration of Andrew J. Lautenbach in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts. Kaiser Foundation Health Plan objects to the sealing of Exhibit 10 because it has already been file publicly. The Court HEREBY ORDERS Exhibits 3, 4, 7, 9, 11, 12, and 14 to be filed under seal. Exhibit 10 shall be filed publicly. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 31, 2016 Opinion or Order Filing 489 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ALISON H. HONG re (482) Motion to Appear Pro Hac Vice in case 1:15-cv-00269-ACK-KSC; (54) Motion to Appear Pro Hac Vice in case 1:16-cv-00073-ACK-KSC - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 10/31/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 31, 2016 Filing 488 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [re KFHP Initial Disclosure of Expert Witness Nathan Basseen] (Munger, Lisa)
October 31, 2016 Opinion or Order Filing 487 ORDER DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT, GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT, AND SUA SPONTE DISMISSING COUNT VI WITHOUT PREJUDICE re: ( #284 in 1:15-cv-00269-ACK-KSC) MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Toby Sidlo, re: ( #285 in 1:15-cv-00269-ACK-KSC) MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Permanente Insurance Company, Kaiser Foundation Health Plan, Inc., re: ( #363 in 1:15-cv-00269-ACK-KSC) Joinder re ( #284 ) MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. 284] re: ( #324 in 1:15-cv-00269-ACK-KSC) MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc.. Signed by JUDGE ALAN C. KAY on 10/31/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF).
October 28, 2016 Filing 486 Return of Service on Subpoena John E. Schneider was served on October 27, 2016 (Terada, Christine)
October 28, 2016 Filing 485 RESPONSE re (52 in 1:16-cv-00073-ACK-KSC, 480 in 1:15-cv-00269-ACK-KSC) Objection, Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Defendant Kaiser Foundation Health Plan, Inc.'s Objections to Evidence Submitted in Support of Hawaii Life Flight and Air Medical Resource Group's Opposition to Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment Against Hawaii Life Flight and Air Medical Resource Group [Dkt. 480]; Certificate of Service filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew)
October 27, 2016 Filing 484 Return of Service on Subpoena Nathan Basseen was served on October 26, 2016 (Conway, John)
October 27, 2016 Filing 483 CERTIFICATE OF SERVICE by Toby Sidlo (Notice of Taking Deposition upon Written Questions Re: Nathan Basseen) (Lilly, Michael)
October 26, 2016 Filing 482 MOTION for Pro Hac Vice [Alison H. Hong] Filing fee $ 300, receipt number 0975-1783343.Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Counsel [Alison Hong], #2 Order Granting Motion for Pro Hac Vice, #3 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 24, 2016 Filing 481 REPLY re (195 in 1:15-cv-00269-ACK-KSC) MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103] filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 24, 2016 Filing 480 OBJECTION re (476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion,, (474 in 1:15-cv-00269-ACK-KSC) Memorandum in Opposition to Motion, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 24, 2016 Filing 479 RESPONSE re (476 in 1:15-cv-00269-ACK-KSC) Concise Statement in Opposition to Motion,, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Declaration of James Adams, #3 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 24, 2016 Filing 478 REPLY re (248 in 1:15-cv-00269-ACK-KSC) MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 24, 2016 Filing 477 RESPONSE re (475 in 1:15-cv-00269-ACK-KSC) MOTION to Seal Document Ex Parte Motion for Leave to File Under Seal Exhibits 3, 4, 7, 9, 10, 11, 12 and 14 to the Declaration of Andrew J. Lautenbach in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Respon filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 [Proposed] Order GIP and DIP #475 HLF AMRG EPM for Leave to FUS, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Munger, Lisa)
October 17, 2016 Filing 476 RESPONSE to Kaiser Foundation Health Plan Inc.'s CONCISE STATEMENT of Facts [Dkt. #249 ] filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Compliance, #2 Declaration of Andrew J. Lautenbach, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew) Modified on 10/18/2016 (emt, ).
October 17, 2016 Filing 475 Ex Parte MOTION for Leave to File Under Seal Exhibits 3, 4, 7, 9, 10, 11, 12 and 14 to the Declaration of Andrew J. Lautenbach in Support of Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts [Dkt. 249] ndrew James Lautenbach appearing for Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew) Modified on 10/18/2016 (emt, ).
October 17, 2016 Filing 474 MEMORANDUM in Opposition re (248 in 1:15-cv-00269-ACK-KSC) MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Lautenbach, Andrew)
October 14, 2016 Filing 473 MEMORANDUM in Opposition re #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103] Hawaii Life Flight Corporation's Memorandum In Opposition To Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion To Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. 195]; Certificate of Service filed by Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)(Lee, Orian)
October 13, 2016 Filing 472 Return of Service on Subpoena Linda Puu was served on 10.11.2016 (Lee, Orian)
October 12, 2016 Filing 471 Return of Service on Subpoena John E. Schneider, Avalon Health Economics, LLC, through Andrew Lautenbach was served on 10/07/16 (Terada, Christine)
October 11, 2016 Filing 470 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re: Kaiser Foundation Health Plan, Inc.s Request For Production To Air Medical Resource Group, Inc., Set Four (Terada, Christine)
October 11, 2016 Filing 469 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Re: Kaiser Foundation Health Plan, Inc.s Request For Production To Hawaii Life Flight Corporation, Set Four (Terada, Christine)
October 11, 2016 Filing 468 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's First Amended Notice of Taking Deposition Upon Oral Examination of Linda Puu; Exhibit A] (Lee, Orian)
October 7, 2016 Filing 467 CERTIFICATE OF SERVICE by Toby Sidlo (Re: PLAINTIFFS FOURTH REQUEST FOR ADMISSIONS AND GENUINENESS OF DOCUMENTS TO DEFENDANTS KAISER PERMENANTE INSURANCE COMPANY AND KAISER FOUNDATION HEALTH PLAN, INC.) (Lilly, Michael)
October 6, 2016 Filing 466 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Third Amended Notice of Taking Deposition Upon Oral Examination of John Martella] (Lautenbach, Andrew)
October 6, 2016 Filing 465 EO: After considering the relative positions of the parties at yesterday's settlement conference, the court vacates the settlement conference scheduled for October 13 in the above referenced case. Further settlement conference is on call. The court urges counsel to consider binding arbitration on the issue of determining fair market value. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 5, 2016 Filing 464 EP: Mediation/Settlement Conference held on 10/5/2016. Discussion held with Counsel. No Settlement reached. Further Settlement Conference on call. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry
October 4, 2016 Filing 463 NOTICE of Hearing on Motions #425 MOTION to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated 7/15/2016, #428 MOTION for Leave to File Hawaii Life Flight Corporation's Motion for Leave to File First Amended Counterclaim and #418 MOTION to Designate Materials as Highly Confidential Pursuant to the First Amended QPO [ECF 147] set for Court Hearing on 12/15/2016 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
October 4, 2016 Filing 462 EO: Amended Minute Order-On 9/29/16, Non-party Air Ambulance Specialists filed a Motion to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated July 15, 2016. On 9/30/16, Defendant/Counterclaim Plaintiff Hawaii Life Flight Corporation and Defendant Air Medical Resource Group, Inc. filed an Ex Parte Application to Shorten Time to Hear Air Ambulance's Motion to Quash. Hawaii Life Flight and Air Medical Resource Group seek an expedited hearing so that the documents sought in the subpoena can be obtained sufficiently in advance of the 10/31/16 expert report deadline. On 10/3/16, Air Ambulance filed an Opposition to the Ex Parte Motion, arguing that Hawaii Life Flight and Air Medical Resource Group have not set forth good cause to shorten time. In particular, Air Ambulance contends that the while the requested documents have no bearing on the issues in this action, they can be obtained from Kaiser Foundation Health Plan and it would be a waste of judicial resources to expedite a hearing when the parties are on the eve of mediation. The Court agrees that given the current posture of the case, a shortening time is unnecessary and inappropriate. Accordingly, the Ex Parte Application is DENIED. Air Ambulance's Motion to Quash shall be set for hearing on 12/15/16 at 10:00 a.m. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 4, 2016 Filing 461 EO: On 9/29/16, Non-party Air Ambulance Specialists filed a Motion to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated 7/15/2016. On 9/30/16, Defendant/Counterclaim Plaintiff Hawaii Life Flight Corporation and Defendant Air Medical Resource Group, Inc. filed an Ex Parte Application to Shorten Time to Hear Air Ambulance's Motion to Quash. Hawaii Life Flight and Air Medical Resource Group seek an expedited hearing so that the documents sought in the subpoena can be obtained sufficiently in advance of the 10/31/16 expert report deadline. On 10/3/16, Air Ambulance filed an Opposition to the Ex Parte Motion, arguing that Hawaii Life Flight and Air Medical Resource Group have not set forth good cause to shorten time. In particular, Air Ambulance contends that the while the requested documents have no bearing on the issues in this action, they can be obtained from Kaiser Foundation Health Plan and it would be a waste of judicial resources to expedite a hearing when the parties are on the eve of mediation. The Court agrees that given the current posture of the case, a shortening time is unnecessary and inappropriate. Accordingly, the Ex Parte Application is DENIED. Air Ambulance's Motion to Quash shall be set for hearing on 12/9/16 at 9:30 a.m. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 3, 2016 Filing 460 MEMORANDUM in Opposition re #427 MOTION to Shorten Time to hear Motion re #425 MOTION to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated July 15, 2016; Memorandum in Support of Motion; Declaration of Jor ; Certificate of Service filed by Air Ambulance Specialists, Inc.. (Kimura, Jordon)
September 30, 2016 Filing 428 MOTION for Leave to File Hawaii Life Flight Corporation's Motion for Leave to File First Amended Counterclaim; Memorandum in Support of Motion; Exhibits A & B: Certificate of Service Andrew James Lautenbach appearing for Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(Lautenbach, Andrew)
September 30, 2016 Filing 427 MOTION to Shorten Time to hear Motion re #425 MOTION to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated July 15, 2016; Memorandum in Support of Motion; Declaration of Jordon J. Kimura; Declaration of Marc Bonora; Exhibit Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Ex Parte Application to Shorten Time to Hear Air Ambulance Specialists, Inc.'s Motion to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises In a Civil Action Dated July 15, 2016 [Dkt. 425]; Declaration of Andrew J. Lautenbach; Exhibit A; Proposed Order; Certificate of Service Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Exhibit A, #3 Proposed Order, #4 Certificate of Service)(Lautenbach, Andrew)
September 30, 2016 Filing 426 NOTICE of Appearance by Jessica M. Wan on behalf of Air Ambulance Specialists, Inc. on behalf of Air Ambulance Specialists, Inc.. (Wan, Jessica)
September 29, 2016 Filing 425 MOTION to Quash Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, Dated July 15, 2016; Memorandum in Support of Motion; Declaration of Jordon J. Kimura; Declaration of Marc Bonora; Exhibits "1" and "2"; Certificate of Service Jordon Jun Kimura appearing for Respondent Air Ambulance Specialists, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Jordon J. Kimura, #3 Declaration of Marc Bonora, #4 Exhibit "1", #5 Exhibit "2", #6 Certificate of Service)(Kimura, Jordon)
September 28, 2016 Filing 459 SEALED EXHIBIT: Submission of EXHIBIT A to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc.. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 458 SEALED EXHIBIT: Submission of EXHIBIT EE to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 457 SEALED EXHIBIT: Submission of EXHIBIT DD to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 456 SEALED EXHIBIT: Submission of EXHIBIT CC to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 455 SEALED EXHIBIT: Submission of EXHIBIT BB to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 454 SEALED EXHIBIT: Submission of EXHIBIT AA to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 453 SEALED EXHIBIT: Submission of EXHIBIT Z to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 452 SEALED EXHIBIT: Submission of EXHIBIT Y to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 451 SEALED EXHIBIT: Submission of EXHIBIT X to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 450 SEALED EXHIBIT: Submission of EXHIBIT W to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 449 SEALED EXHIBIT: Submission of EXHIBIT V to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 448 SEALED EXHIBIT: Submission of EXHIBIT U to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 447 SEALED EXHIBIT: Submission of EXHIBIT T to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 446 SEALED EXHIBIT: Submission of EXHIBIT S to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 445 SEALED EXHIBIT: Submission of EXHIBIT R to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 444 SEALED EXHIBIT: Submission of EXHIBIT Q to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 443 SEALED EXHIBIT: Submission of EXHIBIT P to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 442 SEALED EXHIBIT: Submission of EXHIBIT O to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 441 SEALED EXHIBIT: Submission of EXHIBIT N to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 440 SEALED EXHIBIT: Submission of EXHIBIT M to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 439 SEALED EXHIBIT: Submission of EXHIBIT L to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 438 SEALED EXHIBIT: Submission of EXHIBIT K to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 437 SEALED EXHIBIT: Submission of EXHIBIT J to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 436 SEALED EXHIBIT: Submission of EXHIBIT I to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 435 SEALED EXHIBIT: Submission of EXHIBIT H to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 434 SEALED EXHIBIT: Submission of EXHIBIT G to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 433 SEALED EXHIBIT: Submission of EXHIBIT F to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 432 SEALED EXHIBIT: Submission of EXHIBIT E to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 431 SEALED EXHIBIT: Submission of EXHIBIT D to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 430 SEALED EXHIBIT: Submission of EXHIBIT C to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc)
September 28, 2016 Filing 429 SEALED EXHIBIT: Submission of EXHIBIT B to #418 the Declaration of Michelle Scannell in Support of Kaiser Foundation Health Plan, Inc.'s MOTION to Designate Materials as Highly-Confidential pursuant to #147 the First Amended Qualified Protective Order for Summary Judgment - filed by Kaiser Foundation Health Plan, Inc. SEALED pursuant to #424 Order (afc) Modified on 10/1/2016 re: Sealed Exhibit A: SEALED EXHIBIT A was inadvertently docketed out of sequence. Sealed Exhibit A is entered as docket entry no. #459 . (afc)
September 28, 2016 Opinion or Order Filing 424 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS A-EE TO KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO DESIGNATE MATERIALS AS HIGHLY-CONFIDENTIAL PURSUANT TO THE FIRST AMENDED QUALIFIED PROTECTIVE ORDER [ECF #147 ] re: #417 , #418 . Signed by U.S. MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/28/2016. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 28, 2016 Filing 423 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Counterclaim Plaintiff and Hawaii Lift Flight Corporation's First Amended Notice of Taking Videotaped Deposition Upon Oral Examination of Paul Connell] (Lautenbach, Andrew)
September 28, 2016 Filing 422 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's First Amended Notice of Taking Videotaped Deposition Upon Oral Examination of Paul Connell] (Lautenbach, Andrew) Docket text entry modified on 9/28/2016:The attached image is "Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's First Amended Notice of Taking Videotaped Deposition Upon Oral Examination of Paul Connell."The filing party has apprised the Clerk's office that the instant document was filed in error. (afc)
September 26, 2016 Filing 421 TRANSCRIPT of Proceedings Dfts KFHP's MSJ, or in the Alternative, Partial Summary Judgment #324 ; Dfts KFHP and KPIC's Supplemental MSJ, or in the Alternative, Partial Summary Judgment #285 ; Plf's MPSJ against Deft. KFHP #284 ; Hawaii Life Flight Corp and Air Medical Resource Group, Inc.'s Joinder to Plf's PSJ against Deft KFHP #363 held on 09-15-2016, before Judge Alan C. Kay. Court Reporter Debi Read CSR CRR RMR, E-mail readit3949@gmail.com. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(dr@, hid.uscourts.gov)
September 22, 2016 Filing 420 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Notice of Taking Videotaped Deposition Upon Oral Examination of Paul Connell] (Lautenbach, Andrew)
September 22, 2016 Filing 419 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Notice of Taking Videotaped Deposition Upon Oral Examination of Linda Puu] (Lautenbach, Andrew)
September 20, 2016 Filing 418 MOTION to Designate Materials as Highly Confidential Pursuant to the First Amended QPO [ECF 147] Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc., Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Michelle Scannell, #3 Exhibit A - FUS, #4 Exhibit B - FUS, #5 Exhibit C - FUS, #6 Exhibit D - FUS, #7 Exhibit E - FUS, #8 Exhibit F - FUS, #9 Exhibit G - FUS, #10 Exhibit H - FUS, #11 Exhibit I - FUS, #12 Exhibit J - FUS, #13 Exhibit K - FUS, #14 Exhibit L - FUS, #15 Exhibit M - FUS, #16 Exhibit N - FUS, #17 Exhibit O - FUS, #18 Exhibit P - FUS, #19 Exhibit Q - FUS, #20 Exhibit R - FUS, #21 Exhibit S - FUS, #22 Exhibit T - FUS, #23 Exhibit U - FUS, #24 Exhibit V - FUS, #25 Exhibit W - FUS, #26 Exhibit X - FUS, #27 Exhibit Y - FUS, #28 Exhibit Z - FUS, #29 Exhibit AA - FUS, #30 Exhibit BB - FUS, #31 Exhibit CC - FUS, #32 Exhibit DD - FUS, #33 Exhibit EE - FUS, #34 Exhibit FF - 9-19-16 Email btw Scannell and Lautenbach, #35 Certificate of Service)(Munger, Lisa)
September 20, 2016 Filing 417 Ex Parte MOTION for Leave to FUS Exhibits A-EE to KFHP Mtn to Designate Materials as Highly-Confidential Pursuant to the First Amended QPO [ECF 147] Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc., Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting EPM for Leave to FUS, #3 Certificate of Service)(Munger, Lisa)
September 16, 2016 Filing 416 SEALED EXHIBIT: Submission of EXHIBIT "10" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 415 SEALED EXHIBIT: Submission of EXHIBIT "8" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 414 SEALED EXHIBIT:Submission of EXHIBIT "7" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 413 SEALED EXHIBIT: Submission of EXHIBIT "6" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 412 SEALED EXHIBIT: Submission of EXHIBIT "5" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 411 SEALED EXHIBIT: Submission of EXHIBIT "4" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 410 SEALED EXHIBIT: Submission of EXHIBIT "3" to the #316 Declaration of John J. Conway, III in Opposition to Defendants Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 409 SEALED EXHIBIT: Submission of EXHIBIT "2" to the #316 Declaration of John J. Conway, III in Opposition to Defendants Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 408 SEALED EXHIBIT: Submission of EXHIBIT "1" to the #316 Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #404 Order (emt, ) (emt, ).
September 16, 2016 Filing 407 SEALED EXHIBIT: Submission of EXHIBIT "21" re #286 Plaintiff Toby Sildo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #403 Order (emt, ) (emt, ).
September 16, 2016 Filing 406 SEALED EXHIBIT: Submission of EXHIBIT "20" re #286 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #403 Order (emt, ) (emt, ).
September 16, 2016 Filing 405 SEALED EXHIBIT: Submission of EXHIBIT "19" re #286 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #403 Order (emt, ) (emt, ).
September 16, 2016 Opinion or Order Filing 404 ORDER GRANTING EX PARTE LEAVE TO FILE UNDER SEAL EXS. "1-8" AND "10" TO THE DECLARATION OF JOHN J. CONWAY, III IN OPPOSITION TO DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT re #317 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/16/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 16, 2016 Opinion or Order Filing 403 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS "19-21" TO PLAINTIFF TOBY SIDLO'S CONCISE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC. re #283 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/16/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 16, 2016 Filing 402 EO:Mediation set for 10/5/2016 starting at 09:00 AM in the Chambers of Magistrate Judge Judge Kevin S.C. Chang before MAGISTRATE JUDGE KEVIN S.C. CHANG. Mediation Statements are to be submitted to Judge Chang by 9/28/2016. Judge Chang has blocked off the entire Day for Mediation. Two Conference Rooms will be available for Counsel's use. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 15, 2016 Filing 401 SEALED EXHIBIT: Submission of EXHIBIT "34" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 400 SEALED EXHIBIT: Submission of EXHIBIT "33" to Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 399 SEALED EXHIBIT: Submission of EXHIBIT "32" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 398 SEALED EXHIBIT: Submission of EXHIBIT "31" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 397 SEALED EXHIBIT: Submission of EXHIBIT "30" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 396 EP: Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment #324 ;Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment #285 ;Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. #284 ;Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Joinder to Plaintiff Toby Sidlo's [Dkt. 284] Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. #363 -Arguments.All motions taken under advisement.Court will not issue a decision until after mediation is completed. Motion Hearing held on 9/15/2016 re #363 MOTION for Joinder re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. 284] Mo filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Toby Sidlo, #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Permanente Insurance Company, Kaiser Foundation Health Plan, Inc., Motions Taken Under Advisement: #363 MOTION for Joinder re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. 284] Mo, #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment, #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc., #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 15, 2016 Filing 395 SEALED EXHIBIT: Submission of EXHIBIT "29" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 394 SEALED EXHIBIT: Submission of EXHIBIT "28" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 393 SEALED EXHIBIT: Submission of EXHIBIT "27" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ). .
September 15, 2016 Filing 392 SEALED EXHIBIT: Submission of EXHIBIT "26" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 391 SEALED EXHIBIT: Submission of EXHIBIT "25" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant to #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 390 SEALED EXHIBIT: Submission of EXHIBIT "24" to #346 Plaintiff Toby Sidlo's Concise Statement of Facts in Support of the Reply Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Toby Sidlo. SEALED pursuant #377 Order (emt, ) (emt, ).
September 15, 2016 Filing 389 SEALED EXHIBIT: Submission of EXHIBIT "34" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, )
September 15, 2016 Filing 388 SEALED EXHIBIT: Submission of EXHIBIT "30" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 387 SEALED EXHIBIT: Submission of EXHIBIT "29" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 386 SEALED EXHIBIT: Submission of EXHIBIT "28" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 385 SEALED EXHIBIT: Submission of EXHIBIT "27" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 384 SEALED EXHIBIT: Submission of EXHIBIT "26" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 383 SEALED EXHIBIT: Submission of EXHIBIT "25" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.s' Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 382 SEALED EXHIBIT: Submission of EXHIBIT "24" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 381 SEALED EXHIBIT: Submission of EXHIBIT "23" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 380 SEALED EXHIBIT: Submission of EXHIBIT "22" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 379 SEALED EXHIBIT: Submission of EXHIBIT "21" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Filing 378 SEALED EXHIBIT:Submission of EXHIBIT "20" to #342 Plaintiff Toby Sidlo's Concise Statement of Facts in Opposition to Defendant Kaiser Foundation Health Plan Inc.'s Concise Statement of Facts in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Toby Sidlo. SEALED pursuant to #376 Order (emt, ) (emt, ).
September 15, 2016 Opinion or Order Filing 377 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS "24 -34" TO PLAINTIFF TOBY SIDLO'S CONCISE STATEMENT OF FACTS IN SUPPORT OF THE REPLY MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC. re #347 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/14/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 15, 2016 Opinion or Order Filing 376 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS "20-30" & "34" TO PLAINTIFF TOBY SIDLO'S CONCISE STATEMENT OF FACTS IN OPPOSITION TO DEFENDANT KAISER FOUNDATION HEALTH PLAN INC.'S CONCISE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT re #343 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/14/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 12, 2016 Filing 375 OBJECTION re #360 Response, #326 Memorandum in Opposition to Motion,, filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 12, 2016 Filing 374 RESPONSE re #358 Objection filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 12, 2016 Filing 373 RESPONSE re #357 Objection filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 12, 2016 Filing 372 EO: On 9/8/16, Hawaii Life Flight Corporation filed an Ex Parte Motion for Leave to File Hawaii Life Flight Corporation's Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment (Doc. No. 355), along with an Ex Parte Motion for Leave to File Under Seal Exhibit A Pages 2-4 and Exhibits A1-A2, A4-A7 and A10-A12 to the Declaration of Andrew J. Lautenbach in Support of Hawaii Life Flight Corporation's Ex Parte Application for Leave to File Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment (Doc. No. 356). In view of Judge Kay's Entering Order denying the Ex Parte Motion for Leave to File (Doc. No. 366), filed 9/9/16, the Court HEREBY DEEMS MOOT the Ex Parte Motion for Leave to File Under Seal. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 12, 2016 Filing 371 CONCISE STATEMENT of Facts re #354 Response, Plaintiff Toby Sidlo's Reply to Defendant Kaiser Foundation Health Plan, Inc's Response to Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
September 12, 2016 Filing 370 RESPONSE re #347 Ex Parte MOTION for Leave to File Under Seal Exhibits "20"-"30" & "34" to Plaintiffs Concise Statement CORRECTION #347 Sidlo EPM for Leave to FUS Exs. 24-34 to #346 Sidlo CSOF ISO #345 Sidlo Reply Memo ISO #284 Sidlo MPSJ filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 [Proposed] Order GIP and DIP #347 Sidlo EPM for Leave to FUS, #2 Certificate of Service)(Munger, Lisa)
September 12, 2016 Filing 369 RESPONSE re #343 Ex Parte MOTION for Leave to File Under Seal Exhibits "20"-"30" & "34" filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 [Proposed] Order GIP and DIP #343 Sidlo EPM for Leave to FUS, #2 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 368 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Plaintiff Toby Sidlo's Initial Disclosure of Expert Witness John E. Schneider) (Lilly, Michael)
September 9, 2016 Filing 367 NOTICE of Hearing on Motion #363 MOTION for Joinder re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. 284] Mo :. Motion Hearing set for 9/15/2016 11:00 AM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
September 9, 2016 Filing 366 EO: On September 8, 2016, non-party Hawaii Life Flight Corporation ("HLF") filed an Ex Parte Motion for Leave to File HLF's Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment ("Motion"). ECF No. 355. Attached to the Motion as an exhibit is HLF's proposed response. In its Motion, HLF seeks the Court's leave to file a response to certain of Kaiser's assertions that HLF contends are "incorrect," "impertinent," "scandalous," or "inconsistent with the record." Motion at 1-2. HLF states that "it would be contrary to the interests of justice to allow Kaiser's statements to go unrebutted." Id. at 2. As HLF itself recognizes, "it is not clear that HLF has a right under the Rules to submit briefing on summary judgment in the Sidlo Action." Id. The rule that the Court has identified as bearing most directly on this situation is Local Rule 7.9, which pertains to joinders. The rule states, "Except with leave of court based on good cause, any substantive joinder in a motion or opposition must be filed and served within seven (7) days of the filing of the motion or opposition joined in. 'Substantive joinder' means a joinder based on a memorandum supplementing the motion or opposition joined in... A joinder of simple agreement may be filed at any time." L.R. 7.9. To the extent HLF's proposed response could be considered a joinder, it is clearly a substantive joinder because it supplements Sidlo's extensive summary judgment briefing. However, HLF is clearly well beyond the seven days within which it was required to file a substantive joinder to either Sidlo's partial summary judgment motion or his oppositions to Defendants' summary judgement motions. See id. ("No substantive joinder in a reply may be filed."). The Court does not find good cause to grant HLF's Motion to file its response. As HLF admits in its proposed response, "[N]one of the assertions addressed in this filing appear directly relevant to Mr. Sidlos benefits claim...." ECF No. 355-2 at 1. Furthermore, were the Court to allow HLF to file its response, Defendants would be entitled to file an opposition. L.R. 7.9. The hearing regarding motions for summary judgment is scheduled for September 15, 2016, which is six days from now. There is simply neither time nor justification to allow HLF to file its proposed response at this juncture.In a Minute Order issued in Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, et al., Civ. No. 16-00073 ACK-KSC, a case before this Court to which HLF is a party, the Court directed the parties to meet with Magistrate Judge Chang to explore whether Kaiser and HLF are willing to submit their case to binding arbitration or to mediation. D. Haw., Civ. No. 16-00073 ACK-KSC, ECF No. 38. A status conference before Judge Chang has been scheduled for September 12, 2016. HLF may raise the issues described in its proposed response in that meeting.For all of the foregoing reasons, HLF's Motion is DENIED.IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf)denying #355 Ex Parte Application. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 9, 2016 Filing 365 MOTION for Joinder Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To [Dkt. #341 ] Plaintiff Toby Sidlos Memorandum In Opposition To Defendant Kaiser Foundation Health Plan Inc.s Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment; Certificate of Service Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew) Modified on 9/12/2016 (emt, ).
September 9, 2016 Filing 364 MOTION for Joinder Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. #315 ] Opposition To Defendants Kaiser Permanente Foundation Plan, Inc. and Kaiser Foundation Health Plan, Inc.s Supplemental Motion For Summary Judgment, Or In The Alternative, Partial Summary Judgment; Certificate of Service Andrew James Lautenbach appearing for Consol Defendant Air Medical Resource Group, Inc., Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew) Modified on 9/12/2016 (emt, ).
September 9, 2016 Filing 363 MOTION for Joinder re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Hawaii Life Flight Corporation And Air Medical Resource Group, Inc.s Joinder To Plaintiff Toby Sidlos [Dkt. 284] Motion For Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc.; Certificate of Service Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
September 9, 2016 Filing 362 RESPONSE in Opposition re #355 EX PARTE Application Ex Parte Motion for Leave to File Hawaii Life Flight Corporation's Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment; Exhibit A; Certificate of Service filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 [Proposed] Order Denying #355 HLF EPM for Leave to File Limited Response, #2 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 361 REPLY re #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Michelle Scannell (2nd Supplemental), #2 Exhibit VV (Adams 6-24-16 Depo Excerpt), #3 Certificate of Compliance, #4 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 360 RESPONSE re #346 Concise Statement in Opposition,, #345 Reply, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 359 RESPONSE re #341 Memorandum in Opposition to Motion, #342 Concise Statement in Opposition to Motion,, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 358 OBJECTION re #345 Reply, ISO #384 Sidlo MPSJ filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
September 9, 2016 Filing 357 OBJECTION re #341 Memorandum in Opposition to Motion #324 KFHP MSJ OIA PSJ filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
September 8, 2016 Filing 356 EX PARTE Motion Ex Parte Motion for Leave to File Under Seal Exhibit A Pages 2-4 and Exhibits A1-A2, A4-A7 and A10-A12 to the Declaration of Andrew J. Lautenbach in Support of Hawaii Life Flight Corporation's Ex Parte Application for Leave to File Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment; Declaration of Andrew J. Lautenbach, Proposed Order Granting Ex Parte Motion; Certificate of Service, EX PARTE Application Andrew James Lautenbach appearing for Counter Claimant Hawaii Life Flight Corporation, Consol Defendant Hawaii Life Flight Corporation (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Proposed Order, #3 Certificate of Service)(Lautenbach, Andrew) Modified on 9/9/2016 -- After confirming with the filing party, the entry has been unrestricted (emt, ).
September 8, 2016 Filing 355 EX PARTE Application Ex Parte Motion for Leave to File Hawaii Life Flight Corporation's Limited Response to Factual Assertions Made by Kaiser Foundation Health Plan, Inc. on Summary Judgment; Exhibit A; Certificate of Service Andrew James Lautenbach appearing for Counter Claimant Hawaii Life Flight Corporation, Consol Defendant Hawaii Life Flight Corporation (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Certificate of Service)(Lautenbach, Andrew) Modified on 9/9/2016 -- After confirming with the filing party, the entry has been unrestricted (emt, ).
September 8, 2016 Filing 354 RESPONSE re #286 Concise Statement of Facts,,, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Craig Nakamoto, #2 Declaration of Cherie O'Connor (Supp), #3 Certificate of Compliance, #4 Certificate of Service)(Munger, Lisa)
September 7, 2016 Filing 353 EO: On August 30, 2016, Defendant Kaiser Foundation Health Plan, Inc. ("KFHP") filed a Memorandum in Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant KFHP ("Opposition"), ECF No. 326, as well as a Concise Statement of Facts in Support of KFHP's Opposition ("CSF"), ECF No. 327. On September 5, 2016, Sidlo filed a Certification of Non-Response to Plaintiff's Concise Statement of Facts ("Certification"), stating that KFHP had "failed to respond to Plaintiff's Concise Statement with either an admission or denial controverting each concise statement set forth in [Plaintiff's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against KFHP ('Plaintiffs CSF')]." Certification at 3. Sidlo argues that since KFHP failed to produce a response controverting Plaintiff's CSF, the facts stated in Plaintiff's CSF should be deemed admitted. Id. On September 6, 2016, KFHP filed an Ex Parte Motion for Leave to File KFHP's Response to Plaintiffs CSF ("Motion"). ECF No. 352.Local Rule 56.1(b) provides that "[a]ny party who opposes [a] motion shall file and serve with his or her opposing papers a separate document containing a single concise statement that admits or disputes the facts set forth in the moving party's concise statement, as well as sets forth all material facts as to which it is contended there exists a genuine issue necessary to be litigated."While KFHP is in violation of the Local Rules, the Court is inclined to grant KFHP's Motion. KFHP states in its Motion that it had prepared and intended to file with its Opposition an appropriate response to Plaintiff's CSF, and that it "did not intend to waive objections to Sidlo's Concise Statement and has not waived its objections thereto." Motion at 4. KFHP contends that its intention not to waive such objections is evidenced by the CSF it did file with its Opposition, which in several places "directly contradict[s] the purported facts stated in Sidlos Concise Statement." Id.The Court can appreciate that KFHP's response to Plaintiffs CSF was "inadvertently omitted" from KFHPs filing, in light of the multiple re-filings necessitated by Sidlo's eleventh hour Motion to File a First Amended Complaint ("FAC"), ECF No. 201, and failure to heed the Court's instructions with respect to supplemental motions for partial summary judgment as to the additional claims asserted in the FAC. Just as the Court was inclined to grant Sidlo leeway in allowing him to proceed on his new Motion for Partial Summary Judgment Against KFHP, filed in violation of the Courts Minute Order dated June 22, 2016, so too will the Court afford KFHP leeway in allowing it to file an appropriate response to Plaintiff's CSF.The Court notes that allowing KFHP to file a response to Plaintiff's CSF will not cause any undue prejudice to Sidlo, as Sidlo is at this point well aware of KFHP's position as to the facts of this case, given the numerous filings with respect to the cross-motions for summary judgment.Accordingly, the Court directs KFHP to file by tomorrow, September 8, its response to Plaintiff's CSF, attached as Exhibit B to KFHP's Motion. The Court will also permit Sidlo to file a response to KFHP's response to Plaintiff's CSF by Monday, September 12.IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf)granting #352 Motion. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 6, 2016 Filing 352 Ex Parte MOTION for Leave to File Response to Sidlo CSOF Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Declaration of Counsel (Lisa Woods Munger), #2 Exhibit A - 8-30-16 Email from M. Scannell to C. Larsen-Dias with Attachments, #3 Exhibit B - Final Opp to Sidlo CSOF, #4 [Proposed] Order re EPM for Leave to FUS, #5 Certificate of Service)(Munger, Lisa)
September 6, 2016 Opinion or Order Filing 351 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION: (1) TO AMEND THE PROTECTIVE ORDER AND (2) TO PREVENT DISCLOSURE OF HIGHLY CONFIDENTIAL DOCUMENTS TO JESSE RIDDLE (DKT. NO. #266 ) re #276 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/6/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 5, 2016 Filing 350 RESPONSE re #331 Objection, filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 5, 2016 Filing 349 RESPONSE re #332 Objection, filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 5, 2016 Filing 348 RESPONSE re #323 Objection, filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 5, 2016 Filing 347 Ex Parte MOTION for Leave to File Under Seal Exhibits "20"-"30" & "34" to Plaintiffs Concise Statement John J. Conway, III appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway, III, #2 Exhibit 1 Proposed Order, #3 Certificate of Service)(Conway, John)
September 5, 2016 Filing 346 Concise Statement in Opposition re #327 Concise Statement in Support, filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway, III, #2 Declaration of Amee Sorenson, #3 Exhibit 22, #4 Exhibit 23, #5 Exhibit 24, #6 Exhibit 25, #7 Exhibit 26, #8 Exhibit 27, #9 Exhibit 28, #10 Exhibit 29, #11 Exhibit 30, #12 Exhibit 31, #13 Exhibit 32, #14 Exhibit 33, #15 Exhibit 34, #16 Exhibit 35, #17 Exhibit 36, #18 Exhibit 37, #19 Certificate of Service)(Conway, John)
September 5, 2016 Filing 345 REPLY re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc., #326 Memorandum in Opposition to Motion,, filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 5, 2016 Filing 344 NOTICE by Toby Sidlo of Certification of Non-Response to Plaintiff's Concise Statement of Facts In Support of Plaintiff's Motion for Partial Summary Judgment (Dkt. No. #286 ) Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 5, 2016 Filing 343 Ex Parte MOTION for Leave to File Under Seal Exhibits "20"-"30" & "34" John J. Conway, III appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway, III, #2 Exhibit 1 Proposed Order, #3 Certificate of Service)(Conway, John)
September 5, 2016 Filing 342 CONCISE STATEMENT in Opposition re #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway, III, #2 Declaration of Amee Sorenson, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25, #10 Exhibit 26, #11 Exhibit 27, #12 Exhibit 28, #13 Exhibit 29, #14 Exhibit 30, #15 Exhibit 31, #16 Exhibit 32, #17 Exhibit 33, #18 Exhibit 34, #19 Exhibit 35, #20 Exhibit 36, #21 Exhibit 37, #22 Certificate of Service)(Conway, John)
September 5, 2016 Filing 341 MEMORANDUM in Opposition re #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
September 1, 2016 Filing 340 SEALED EXHIBIT: Submission of EXHIBIT NN to the Declaration of Michelle Scannell in Support of #324 Defendant Kaiser Foundation Health Plan, Inc.'s MOTION for Summary Judgment or in the Alternative Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #334 Order related to #325 Concise Statement in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (emt, ) (emt, ).
September 1, 2016 Filing 339 SEALED EXHIBIT: Submission of EXHIBIT C to the Declaration of Melissa Manandic in Support of #324 Defendant Kaiser Foundation Health Plan, Inc.'s MOTION for Summary Judgment or in the Alternative Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (RETAINED) SEALED pursuant to #334 Order related to #325 Concise Statement in Support of Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (emt, ) (emt, ).
September 1, 2016 Filing 338 SEALED DOCUMENT: Submission of Portions of Memorandum in Support of #324 Defendant Kaiser Foundation Health Plan, Inc.'s #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #334 Order (emt, ) (emt, ).
September 1, 2016 Filing 337 SEALED DOCUMENT:Submission of Portions of Memorandum in Opposition to #284 Plaintiff Toby Sidlo's MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #333 Order related to #326 Memorandum in Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. (emt, ) (emt, ).
September 1, 2016 Filing 336 RESPONSE re #316 Concise Statement in Opposition,, to #287 Kaiser Supp Motion for Summary Judgment, OIA, Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Munger, Lisa)
September 1, 2016 Filing 335 REPLY re #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of Michelle Scannell (Supplemental), #2 Exhibit QQ - Exceprts from ECF Dkt. No. 149-1, #3 Exhibit RR - Schneider Valuation of Medical Expenditures: Boren v. Smith (1-26-15), #4 Exhibit SS - Schneider Valuation of Future Medical Expenditures: Sartin v. Wal-Mart (8-15-14), #5 Exhibit TT - Schneider Valuation of Medical Expenditures: Calvert v. Daily Express (2-6-14), #6 Exhibit UU - Email from Scannell to Lautenbach (8-31-16), #7 Certificate of Compliance, #8 Certificate of Service)(Munger, Lisa)
September 1, 2016 Opinion or Order Filing 334 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL (1) PORTIONS OF THE MEMORANDUM IN SUPPORT OF DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT; (2) EXHIBIT C TO THE DECLARATION OF MELISSA MANANDIC IN SUPPORT THEREOF; AND (3) EXHIBIT NN TO THE DECLARATION OF MICHELLE SCANNELL IN SUPPORT THEREOF re #321 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/1/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 1, 2016 Opinion or Order Filing 333 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE MEMORANDUM IN OPPOSITION TO PLAINTIFF TOBY SIDLO'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC. re #322 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 9/1/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
September 1, 2016 Filing 332 OBJECTION re #316 Concise Statement in Opposition,, #315 Memorandum in Opposition to Motion [Objections to Declaration of John E. Schneider ISO] filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Munger, Lisa)
September 1, 2016 Filing 331 OBJECTION re #316 Concise Statement in Opposition,, #315 Memorandum in Opposition to Motion [Objections to Evidence Submitted ISO and Declaration of John J. Conway and Exhibits Attached Thereto] filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Munger, Lisa)
September 1, 2016 Filing 330 RESPONSE re #317 Ex Parte MOTION for Leave to File Under Seal Exhibits "1-8" and "10" to the Declaration of John J. Conway, III in Opposition to Defendants Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order GIP and DIP #317 Sidlo EPM for Leave to FUS, #3 Certificate of Service)(Munger, Lisa)
August 31, 2016 Filing 329 NOTICE of Hearing on Motion #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment :. Motion Hearing set for 9/15/2016 11:00 AM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 31, 2016 Filing 328 CERTIFICATE OF SERVICE by Toby Sidlo (Re: RESPONSES TO DEFENDANT KAISER FOUNDATION HEALTH PLAN'S INTERROGATORIES & ANSWERS TO INTERROGATORIES TO SIDLO, SET TWO) (Kato, Valerie)
August 30, 2016 Filing 327 Concise Statement in Support re #326 Memorandum in Opposition to Motion, [Plaintiff Toby Sidlo's MPSJ Against Defendant KFHP] filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Craig Nakamoto, #2 Declaration of Cherie O'Connor (Supp), #3 Certificate of Compliance, #4 Certificate of Service)(Munger, Lisa)
August 30, 2016 Filing 326 MEMORANDUM in Opposition re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Munger, Lisa) Modified on 9/2/2016 refer to #337 Submission of Portions of Memorandum in Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. (emt, ).
August 30, 2016 Filing 325 CONCISE STATEMENT in Support re #324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Ingrid Mealer, #2 Exhibit A - [Redacted] Indemnity Ltr to Sidlo (12-14), #3 Exhibit B - [Redacted] Indemnity Ltr to Sidlo (5-15), #4 Declaration of Melissa Manandic, #5 Exhibit C - FUS, #6 Declaration Cherie O'Connor, #7 Exhibit D - Group Face Sheet, #8 Declaration of Ellen Bassford, #9 Exhibit E - Group Plan Benefit Schedule, #10 Declaration of Ellen Bassford (Supp), #11 Declaration of Shari Ilalaole, #12 Exhibit F - [Redacted] EMI Guidelines, #13 Declaration of Shari Ilalaole (Supp), #14 Declaration of Thomas Risse, #15 Exhibit G - 9-9-15 SOH Ltr, #16 Exhibit H - [Redacted] Indemnity Ltr, #17 Exhibit I - 12-12-14 Ltr to Webb, #18 Declaration of Michelle Scannell, #19 Exhibit J - Star Advertiser, #20 Exhibit K - Sorenson Cites, #21 Exhibit L - NY Times Article, #22 Exhibit M - HLF Spreadsheet, #23 Exhibit N - Website Excerpt, #24 Exhibit O - Sidlo Cites, #25 Exhibit P - Excerpt of Ex. 44 to Sorenson Depo., #26 Exhibit Q - Webb Cites, #27 Exhibit R - KFHP 000140, #28 Exhibit S - Excerpts of Ex. 20 to Sidlo Depo., #29 Exhibit T - Ex. 12 to Sidlo Depo., #30 Exhibit U - [Redacted] 5-15 Ltr to Sidlo, #31 Exhibit V - Ex. 6 to Sidlo Depo., #32 Exhibit W - [Redacted] Patient First Ltr, #33 Exhibit X - HLF Claim, #34 Exhibit Y - [Redacted] EOB, #35 Exhibit Z - [Redacted] Statement of Remittance, #36 Exhibit AA - Sidlo Cites, #37 Exhibit BB - [Redacted] Sidlo Depo Excerpts, #38 Exhibit CC - Webb Cites, #39 Exhibit DD - Sorenson Cites, #40 Exhibit EE - 12-9-15 Riddle to Lemon, #41 Exhibit FF - INTENTIONALLY MISSING, #42 Exhibit GG - 4-17-15 HLF to Kaiser, #43 Exhibit HH - Medicare Rate, #44 Exhibit II - Mehta, #45 Exhibit JJ - Adams, #46 Exhibit KK - Risse Individual, #47 Exhibit LL - Risse 30(b)(6), #48 Exhibit MM - HLF Ltr to Judge Puglisi, #49 Exhibit NN - FUS, #50 Declaration of Jacob Guevara, #51 Declaration of Jonathan Van Etten, #52 Exhibit OO - Administrative Services Agreement, #53 Declaration of William Hampel, #54 Exhibit PP - Trip Notes, #55 Certificate of Compliance, #56 Certificate of Service)(Munger, Lisa) Modified on 9/2/2016 refer to #339 Submission of Exhibit C to the Declaration of Melssa Manandic in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment refer to #340 Submission of Exhibit NN to the Declaration of Michelle Scannell in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment , or in the Alternative, Partial Summary Judgment (emt, ).
August 30, 2016 Filing 324 MOTION for Summary Judgment or in the Alternative Partial Summary Judgment Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 [REDACTED] MISO KFHP MSJ OIA PSJ, #2 Certificate of Compliance, #3 Certificate of Service)(Munger, Lisa) Modified on 9/2/2016 related to #338 Submission of Portions of Memorandum in Support of Defendant Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (emt, ).
August 30, 2016 Filing 323 OBJECTION re #286 Concise Statement of Facts,,, #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
August 30, 2016 Filing 322 Ex Parte MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF THE MEMORANDUM IN OPPOSITION TO PLAINTIFF TOBY SIDLOS MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC. Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting EPM for Leave to FUS, #3 Certificate of Service)(Munger, Lisa)
August 30, 2016 Filing 321 Ex Parte MOTION FOR LEAVE TO FILE UNDER SEAL (1) PORTIONS OF THE MEMORANDUM IN SUPPORT OF DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC.S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT; (2) EXHIBIT C TO THE DECLARATION OF MELISSA MANANDIC IN SUPPORT THEREOF; AND (3) EXHIBIT NN TO THE DECLARATION OF MICHELLE SCANNELL IN SUPPORT THEREOF Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting EPM for Leave to FUS, #3 Certificate of Service)(Munger, Lisa)
August 26, 2016 Filing 320 EO: The Court has reviewed the letter briefs submitted by counsel dated August 23, 2016. In pertinent part, counsel for Kaiser Foundation Health Plan, Inc. argue that "a fully briefed motion is the best way to resolve the differences between the parties." The Court agrees and directs Kaiser's counsel to file an appropriate motion regarding the discoverability of the plan documents which are the subject of the letter briefs by September 2, 2016. The deposition of Mr. Dong shall be postponed pending the hearing on Kaiser's motion. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 25, 2016 Filing 317 Ex Parte MOTION for Leave to File Under Seal Exhibits "1-8" and "10" to the Declaration of John J. Conway, III in Opposition to Defendants Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment John J. Conway, III appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway III, #2 [Proposed] Order, #3 Certificate of Service)(Conway, John)
August 25, 2016 Filing 316 Concise Statement in Opposition re #287 Concise Statement of Facts,, filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Declaration of John E. Schneider, #3 Exhibit A, #4 Exhibit B, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Errata Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Certificate of Service)(Conway, John) Modified on 8/26/2016 (emt, ). Modified on 9/20/2016 to add linkage to the following sealed docket entries: #408 Exhibit "1" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #409 Exhibit "2" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #410 Exhibit "3" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #411 Exhibit "4" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #412 Exhibit "5" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #413 Exhibit "6" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #414 Exhibit "7" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #415 Exhibit "8" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment; #416 Exhibit "10" to Declaration of John J. Conway, III in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Supplemental Motion for Summary Judgment. (emt, ).
August 25, 2016 Filing 315 MEMORANDUM in Opposition re #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
August 25, 2016 Filing 314 OBJECTION re #287 Concise Statement of Facts,, #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment (Re: Declaration of Nathan Basseen and its Supporting Exhibits) filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John)
August 25, 2016 Filing 313 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [Re: Plaintiff Kaiser Foundation Health Plan, Inc.s Objections and Responses to Defendant Hawaii Life Flight Corporations Third Request for Production of Documents and Things] (Munger, Lisa)
August 25, 2016 Filing 312 NOTICE by Hawaii Life Flight Corporation Notice of Withdrawal of Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Notice of Taking Deposition Upon Oral Examination of Calvin Dong and Certificate of Service Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
August 25, 2016 Filing 311 NOTICE by Hawaii Life Flight Corporation Notice of Withdrawal of Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Second Amended Notice of Taking Deposition Upon Oral Examination of John Martella and Certificate of Service Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
August 24, 2016 Filing 310 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Second Amended Notice of Taking Deposition Upon Oral Examination of John Martella; Certificate of Service] (Lautenbach, Andrew)
August 24, 2016 Filing 309 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's Notice of Taking Deposition Upon Oral Examination of Calvin Dong; Certificate of Service] (Lautenbach, Andrew)
August 23, 2016 Filing 308 SEALED EXHIBIT: Submission of EXHIBIT B1 to the Declaration of Nathan Basseem in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #301 Order related to #287 Concise Statement of Facts (emt, ) (emt, ).
August 23, 2016 Filing 307 SEALED DOCUMENT: Submission of Portions of DECLARATION of Nathan Basseem in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. SEALED pursuant to #301 Order related to #287 Concise Statement of Facts (emt, ) (emt, ).
August 23, 2016 Filing 306 SEALED EXHIBIT: Submission of EXHIBIT G to the Declaration of Kathleen Slaught in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #301 Order related to #287 Concise Statement of Facts (emt, ) (emt, ).
August 23, 2016 Filing 305 SEALED EXHIBIT: Submission of EXHIBIT D to the Declaration of Kathleen Slaught in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #301 Order related to #287 Concise Statement of Facts (emt, ) (emt, ).
August 23, 2016 Filing 304 SEALED DOCUMENT: Submission of Portions of CONCISE STATEMENT of Facts in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #301 Order (emt, ) (emt, ).
August 23, 2016 Filing 303 SEALED DOCUMENT: Submission of Portions of MEMORANDUM in Support of #285 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Supplemental MOTION for Summary Judgment, or in the Alternative Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to #301 Order (emt, ) (emt, ).
August 23, 2016 Filing 302 EO: On May 16, 2016, Defendants Kaiser Foundation Health Plan, Inc. ("KFHP") and Kaiser Permanente Insurance Company ("KPIC," and together with KFHP, "Defendants") filed a Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, ECF No. 149; that same day, Plaintiff Sidlo filed a Motion for Partial Summary Judgment Against Defendant KFHP, ECF No. 151. The Court set a hearing regarding the motions for June 20, 2016. On June 9, 2016, however, Sidlo filed a Motion to File a First Amended Complaint ("FAC"), alleging four additional counts. ECF No. 201. Because these additional counts involved issues subject to the summary judgment motions, the Court vacated the June 20, 2016 hearing and scheduled a new hearing on the motions for September 15, 2016. The Court also issued the following instruction in a Minute Order dated June 22, 2016:The Court directs that if the parties wish to file supplemental motions for partial summary judgment as to any of the additional claims asserted in the FAC, they may do so, provided that they file such supplemental motions for partial summary judgment by no later than August 11, 2016 (which allows a period of roughly 50 days for the discovery time the parties requested). ECF No. 226 at 3. On August 11, 2016, Defendants filed a Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. ECF No. 285. That same day, Sidlo filed a Notice of Withdrawal of Motion for Partial Summary Judgment Against Defendant KFHP, which sought partial summary judgment as to Count I. ECF No. 282. Sidlo then filed a new Motion for Partial Summary Judgment Against Defendant KFHP as to Count I. ECF No. 284. On August 16, 2016, KFHP filed an Ex Parte Application to Strike Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant KFHP ("Application"). ECF No. 293. KFHP argued in its Application that Sidlo's actions were in violation of the Court's June 22 Minute Order and would cause KFHP undue prejudice. Application at 2. On August 22, 2016, at the Court's instruction, Sidlo filed a Position Statement in Response to KFHP's Application ("Position Statement"), arguing that it had read the Court's Minute Order "against the backdrop of the rules governing amendments and dispositive motion practice, namely that an amendment of the original complaint renders a pending dispositive motion 'moot.'" ECF No. 297 at 1. As support, Sidlo identified several unreported cases where courts in this circuit have either denied summary judgment motions without prejudice because an amended complaint had altered the scope of the summary judgment motions; or denied summary judgment motions as moot because an amended complaint eliminated the issues or parties subject to the pending summary judgment motion. Position Statement at 2-4. However, Sidlo did not identify, and the Court has been unable to locate, any binding Ninth Circuit precedent that requires this Court to either vacate or deny a pending summary judgment motion when a plaintiff files an amended complaint, particularly where, as here, many of the issues in the amended complaint overlap with those in the original complaint and there existed ample evidence in the record to allow the parties to fully brief those issues. Thus, Sidlo's mistaken reading of the Court's Minute Order was not grounded in binding precedent.Nevertheless, Sidlo asserts that the amount and relief he requests from Defendants in Count I have changed in light of newly discovered evidence. Position Statement at 1. Additionally, while Sidlo is amenable to having the Court review his prior summary judgment motion, he also "preserv[es] his argument that his motion was rendered moot by the filing of his FAC." Id. At 7.Thus, in an attempt to avoid any issues down the line and in order to prevent any undue prejudice to Defendants, who have acted in compliance with the Court's Minute Order, the Court will direct Defendants to file a new summary judgment motion to replace their initial Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment (ECF No. 149). This will allow Defendants to incorporate into their motion any newly discovered evidence as to Counts I and II. Given the very limited time prior to the September 15th hearing, the Court must impose a confined briefing schedule. See Local Rule 7.2(b). On the other hand, much of the issues has already been briefed to some extent. Defendants are instructed to file their motion by Tuesday, August 30, 2016. Sidlo is directed to file its opposition by Monday, September 5, and Defendants are directed to file any reply by noon on Friday, September 9. Accordingly, the Court hereby DENIES KFHP's Application, and further directs KFHP to file its opposition to Sidlo's Motion for Partial Summary Judgment Against Defendant KFHP by Tuesday, August 30, 2016. Sidlo is instructed to file any reply in support of its motion by Monday, September 5.Finally, as stated in the Court's Minute Order dated August 17, 2016, Sidlo must file its opposition to Defendants' Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, which seeks summary judgment as to the four additional claims Sidlo alleges in the First Amended Complaint, by Thursday, August 25. See ECF No. 285. Defendants' reply must be filed by Thursday, September 1.IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf)denying #293 Motion. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 23, 2016 Opinion or Order Filing 301 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL (1) PORTIONS OF THE MEMORANDUM IN SUPPORT OF DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER PERMANENTE INSURANCE COMPANY'S SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT; (2) PORTIONS OF THE CONCISE STATEMENT OF FACTS IN SUPPORT THEREOF; (3) EXHIBITS D AND G TO THE DECLARATION OF KATHLEEN CAHILL SLAUGHT IN SUPPORT THEREOF; AND (4) PORTIONS OF THE DECLARATION OF NATHAN BASSEEN IN SUPPORT THEREOF AND EXHIBIT B1 ATTACHED THERETO re #281 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/23/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 22, 2016 Filing 300 Declaration re #286 Concise Statement of Facts,,, (Submission of signed Declaration of Toby Sidlo). (Attachments: #1 Declaration of Toby Sidlo, #2 Certificate of Service)(Kato, Valerie)
August 22, 2016 Filing 299 AFFIDAVIT of Service [Re: John Martella], filed by Hawaii Life Flight Corporation. (Lautenbach, Andrew)
August 22, 2016 Filing 298 AFFIDAVIT of Service re Employer's Mutual Inc (EMI), filed by Hawaii Life Flight Corporation. (Lautenbach, Andrew)
August 22, 2016 Filing 297 STATEMENT in Opposition re #293 Ex Parte MOTION to Strike [Dkt. No. 284] Plaintiff's Partial Motion for Summary Judgment Against KFHP re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Toby Sidlo. (Conway, John)
August 22, 2016 Filing 296 EO: The Court has received a request for expedited discovery assistance pursuant to Local Rule 37.1. The parties wishing to have their position considered are to submit letter briefs by the close of business on 8/23/16. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 17, 2016 Filing 295 EO: On August 16, 2016, Defendant Kaiser Foundation Health Plan, Inc. (''KFHP'') filed an Ex Parte Application to Strike Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant KFHP (''Application''). ECF No. 293. KFHP bases its Application on the Court's Minute Order dated June 22, 2016 (''Order''), which states:The Court directs that if the parties wish to file supplemental motions for partial summary judgment as to any of the additional claims asserted in the FAC [First Amended Complaint], they may do so, provided that they file such supplemental motions for partial summary judgment by no later than August 11, 2016 (which allows a period of roughly 50 days for the discovery time the parties requested).ECF No. 226 at 3. On August 11, 2016, Plaintiff Sidlo filed a Notice of Withdrawal of Motion for Partial Summary Judgment Against Defendant KFHP, which sought partial summary judgment as to Count I. ECF No. 282. That same day, Sidlo filed a new Motion for Partial Summary Judgment Against Defendant KFHP as to Count I. ECF No. 284. Sidlo's actions appear to be in violation of the Court's Order; and moreover, if allowed, would appear to cause further disruption of the Court's scheduled hearing. However, the Court will permit Sidlo to submit its position as to whether it is in compliance with the Court's Order. Sidlo's position brief must be filed not later than Monday, August 22, and must not exceed 7 pages.Notwithstanding Sidlo's aforesaid filing of a new Motion for Partial Summary Judgment as to Count I, the Court's briefing schedule will remain in effect. Accordingly, Sidlo must file its Opposition to Defendants KFHP and Kaiser Permanente Insurance Company's Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, which seeks summary judgment as to the four additional claims Sidlo alleges in the First Amended Complaint, by Thursday, August 25. See ECF No. 285. Since Sidlo did not file a supplemental motion for partial summary judgment as to any of his four additional claims, it follows that there is no such motion to which KFHP may file any opposition.IT IS SO ORDERED. (JUDGE ALAN C KAY)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 17, 2016 Opinion or Order Filing 294 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MOE KESHAVARZI re #290 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/16/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 16, 2016 Filing 293 Ex Parte MOTION to Strike [Dkt. No. 284] Plaintiff's Partial Motion for Summary Judgment Against KFHP re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum ISO KFHP EPA to Strike, #2 Declaration of Counsel [Lisa Woods Munger], #3 Exhibit A - 6-20-16 TOP*, #4 Exhibit B - 8-16-16 Email Slaught to Conway, #5 [Proposed] Order Granting Ex Parte Application to Strike, #6 Certificate of Service)(Munger, Lisa) Docket text entry modifed by (afc) on 08/17/2016: * Viewing of Exhibit A is restricted. (Exhibit A: Transcript of Plaintiff's Motion to File a First Amended Complaint Proceedings held on 06/20/2016. Transcript filed as doc. no. #230 ). Exhibit A (the transcript) may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for the Release of Transcript. Release of Transcript Restriction is set for 09/19/2016. Court Reporter: Debi Read. E-mail: readit3949@gmail.com NEF regenerated. (afc) Modified on 9/19/2016: Viewing restriction lifted. (afc).
August 16, 2016 Filing 292 STATEMENT re #281 Ex Parte MOTION for Leave to File Under Seal (1) Portions of the Memorandum in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Companys Supplemental Motion for Summary Judgment, or in the Alternative, Partial filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Declaration of Andrew J. Lautenbach, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Lautenbach, Andrew)
August 15, 2016 Filing 291 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Re: Employers Mutual Inc., dba Ascension Benefits & Insurance Solutions of Florida's Objections to Counterclaim Plaintiff/Defendant Hawaii Life Flight Corporation's Notice of Taking Deposition Upon Written Interrogatories; Exhibits 1 and 2, dated August 15, 2016) (Munger, Lisa)
August 15, 2016 Filing 290 MOTION for Pro Hac Vice [Moe Keshavarzi] Filing fee $ 300, receipt number 0975-1752696.Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc., Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Counsel, #2 [Proposed] Order Granting Motion to Appear Pro Hac Vice [Moe Keshavarzi], #3 Certificate of Service)(Munger, Lisa)
August 15, 2016 Filing 289 TRANSCRIPT of Proceedings held on August 4, 2016 (KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION: 1) TO AMEND THE PROTECTIVE ORDER, AND 2) TO PREVENT DISCLOSURE OF HIGHLY CONFIDENTIAL DOCUMENTS TO JESSE RIDDLE) before Magistrate Judge Kevin S. C. Chang. Court Reporter/Transcriber Jessica Cahill, Telephone number (808)244-0776 (maukele@hawaii.rr.com). 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 9/2/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/10/2016. Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC(Cahill, Jessica) Modified on 8/16/2016 to add text to describe hearing held. Transcript is filed in both CV 15-269 ACK-KSC and CV 16-73 ACK-KSC. (emt, ).
August 12, 2016 Filing 288 NOTICE of Hearing on Motion #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc., #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment :. Motion Hearing set for 9/15/2016 11:00 AM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 11, 2016 Filing 287 CONCISE STATEMENT of Facts re #285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment [REDACTED] filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of Thomas Risse, #2 Declaration [REDATED] of Nathan Basseen, #3 Exhibit A - Basseen CV, #4 Exhibit [REDACTED] B1 - Cost Estimate, #5 Exhibit B2 - Cost Benchmark, #6 Exhibit B3 - Decision Benchmark, #7 Exhibit C - Docs and Info Relied Upon, #8 Declaration of Kathleen Slaught, #9 Exhibit D - FUS, #10 Exhibit E - Bassford Depo Excerpts, #11 Exhibit F - Risse Depo Excerpts, #12 Exhibit D - FUS, #13 Certificate of Service)(Munger, Lisa)
August 11, 2016 Filing 286 CONCISE STATEMENT of Facts re #284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Declaration of Chris Webb, #3 Declaration of Toby Sidlo, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3 (Part 1 of 2), #7 Exhibit 3 (Part 2 of 2), #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Certificate of Service)(Lilly, Michael) Modified on 9/20/2016 to add linkage to the following sealed docket entries: #405 Exhibit "19" re Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc.; #406 Exhibit "20" re Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc.; #407 Exhibit "21" re Plaintiff Toby Sidlo's Concise Statement of Facts in Support of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. (emt, ).
August 11, 2016 Filing 285 Supplemental MOTION for Summary Judgment or in the Alternative Partial Summary Judgment Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Memorandum [REDACTED] ISO Kaiser Supplemental MSJ, #2 Certificate of Service)(Munger, Lisa)
August 11, 2016 Filing 284 MOTION for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Lilly, Michael)
August 11, 2016 Filing 283 Ex Parte MOTION to Seal Document (Exhibits "19" - "21" to Plaintiff's Concise Statement of Facts in Support of Motion for Partial Summary Judgment) Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway III, #2 Proposed Order, #3 Certificate of Service)(Lilly, Michael)
August 11, 2016 Filing 282 NOTICE by Toby Sidlo re #187 Reply, #151 MOTION for Partial Summary Judgment (Plaintiff's Notice of Withdrawal of Motion for Partial Summary Judgment and Reply) Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
August 11, 2016 Filing 281 Ex Parte MOTION for Leave to File Under Seal (1) Portions of the Memorandum in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Companys Supplemental Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment; (2) Portions of the Concise Statement of Facts in Support Thereof; (3) Exhibits D and G to the Declaration of Kathleen Cahill Slaught in Support Thereof; and (4) Portions of the Declaration of Nathan Basseen in Support Thereof and Exhibit B1 Attached Thereto Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Lisa Woods Munger, #2 [Proposed] Order Granting EPM for Leave to FUS, #3 Certificate of Service)(Munger, Lisa)
August 10, 2016 Filing 280 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company [Initial Disclosure of Expert Witness Nathan Basseen (Munger, Lisa)
August 9, 2016 Filing 279 NOTICE by Hawaii Life Flight Corporation, Air Medical Resource Group, Inc. re #223 MOTION to Amend/Correct Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order [Dkt. 31]; Memorandum in Support of Motion; Certificate of Service Hawaii Life Flight Corporation, Air Medical Resource Group, Inc.. (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
August 8, 2016 Filing 278 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Counterclaim Plaintiff and Defendant Hawaii Life Flight Corporation's First Amended Notice of Taking Deposition Upon Oral Examination of John Martella, Exhibit 1; Certificate of Service] (Lautenbach, Andrew)
August 8, 2016 Filing 277 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [Re: Defendant KFHP Objections and Responses to Plaintiff's 3rd Request for Admissions and Genuineness of Documents] (Munger, Lisa)
August 4, 2016 Filing 276 EP: Hearing on #266 Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion: 1) to Amend the Protective Order, and 2) to Prevent Disclosure of Highly Confidential Documents to Jesse Riddle held.Jesse Riddle is present.Oral arguments heard.For the reasons stated on the record, #266 Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion: 1) to Amend the Protective Order, and 2) to Prevent Disclosure of Highly Confidential Documents to Jesse Riddle - GRANTED in part, DENIED in part.Ms. Munger to prepare the written order.(Court Reporter FTR-C7.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(shm, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 3, 2016 Filing 275 Errata to #266 KFHP Mtn to 1) Amend Protective Order and 2) Prevent Disclosure of Highly Confidential Documents to Jesse Riddle. (Attachments: #1 Errata Table of Contents, #2 Errata Table of Authorities, #3 Certificate of Service)(Munger, Lisa)
August 3, 2016 Filing 274 EO: After reviewing the letter briefs dated July 28, 2016 submitted by counsel, the Court agrees with defense counsel's statement that "a fully briefed motion is the best way to resolve the differences between the parties." Plaintiff's counsel also noted in a footnote that he was not submitting an email that he described as "stunning" due to page restrictions. Therefore, considering the arguments made by counsel in their respective letters and the history of this lawsuit, a more complete record should be presented to the court for review and determination. Counsel should timely file an appropriate motion to compel discovery or a motion for protective order, respectively. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
August 3, 2016 Filing 271 MEMORANDUM in Opposition Hawaii Life Flight Corporation and Air Medical Resource Group, Inc's Opposition to Kaiser Foundation Health Plan, Inc. [Dkt. 266]; Declaration of Orian J. Lee; Exhibits A-C; Declaration of Jesse L. Riddle; [Proposed] Order; Certificate of Service filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Declaration of Orian J. Lee, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Declaration of Jesse L. Riddle, #6 Proposed Order form, #7 Certificate of Service)(Lee, Orian)
August 3, 2016 Filing 270 NOTICE of Hearing on Motion 266] Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion: 1) to Amend the Protective Order, and 2) to Prevent Disclosure of Highly Confidential Documents to Jesse Riddle is set for 8/4/2016 at 9:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (shm, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 2, 2016 Filing 269 Scheduling Conference Statement [First Amended]. (Attachments: #1 Certificate of Service)(Munger, Lisa)
August 2, 2016 Filing 268 Amended Scheduling Conference Statement by Hawaii Life Flight Corporation and Air Medical Resource Group, Inc. . (Attachments: #1 Certificate of Service)(Lautenbach, Andrew) Modified on 8/3/2016 (emt, ).
August 1, 2016 Filing 267 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. (Re: #1 Defendant Kaiser Foundation Health Plan, Inc.s Objections and Responses to Plaintiff Toby Sidlos First Request for Admissions, dated August 1, 2016; #2 Defendant Kaiser Foundation Health Plan, Inc.s Objections and Responses to Plaintiff Toby Sidlos Second Request for Admissions, dated August 1, 2016; #3 Defendant Kaiser Foundation Health Plan, Inc.s Objections and Responses to Plaintiff Toby Sidlos Second Request for Interrogatories, dated August 1, 2016; and #4 Defendant Kaiser Foundation Health Plan, Inc.s Objections and Responses to Plaintiff Toby Sidlos Second Request for Production of Documents, Dated August 1, 2016) (Munger, Lisa)
August 1, 2016 Filing 266 MOTION 1) to Amend the Protective Order and 2) to Prevent Disclosure of Highly Confidential Documents to Jesse Riddle Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum ISO 1) Mtn to 1) Amend QPO and 2) Prevent Disclosure, #2 Declaration Lisa Woods Munger, #3 Declaration Kathleen Cahill Slaught, #4 Declaration Nathan Basseen, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 [Proposed] Order, #11 Certificate of Service)(Munger, Lisa)
July 29, 2016 Filing 265 Additional Exhibits to #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group, #249 Concise Statement in Support of Motion,,, filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Exhibit H - Webb Cites, #2 Exhibit M - Sorenson Cites, #3 Exhibit N - Depo Ex. 35 Billing and Consent, #4 Exhibit O - Depo Ex. 38 PFA Ltr, #5 Exhibit P - Depo Ex. 37 Spreadsheet, #6 Certificate of Service)(Munger, Lisa) (Attachment 3 replaced on 8/4/2016) (mta, ). (Attachment 4 replaced on 8/4/2016) (mta, ). (Attachment 5 replaced on 8/4/2016) (mta, ).
July 29, 2016 Filing 264 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [Re: #1 KFHP Request for PODs to Toby Sidlo, Set 2, #2 KFHP Request for ATIs to Toby Sidlo, Set 2, and #3 KFHP Request for Admissions to Toby Sidlo, Set 2] (Munger, Lisa)
July 28, 2016 Filing 261 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Lautenbach, Andrew)
July 28, 2016 Filing 260 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Lautenbach, Andrew)
July 28, 2016 Filing 259 EP: Status Conference held. Discussion held. With regards to Kaiser's position to modify the protective order and because defense counsel has urged that this matter should be fully briefed, Court set the following briefing schedule:Kaiser to file an appropriate motion by noon on 8/1/2016;Opposition due by 8/3/2016;No reply memorandum shall be filed; andHearing set for 8/4/2016 @ 9:00 a.m. before Judge Kevin S.C. Chang.Court further sets a Rule 16 Schedule Conference on 8/4/2016 @ 9:00 a.m. before Judge Kevin S.C. Chang. Rule 16 Scheduling Conference Statements to be filed by 8/2/2016. (FTR-Ctrm 7; 11:00 to 11:30) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tyk)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 28, 2016 Filing 258 Return of Service on Subpoena Custodian of Records - Air Ambulance Specialists, Inc. was served on 07/15/2016 (Lautenbach, Andrew)
July 27, 2016 Filing 257 NOTICE of Appearance by Jesse Lee Riddle on behalf of Air Medical Resource Group, Inc., Hawaii Life Flight Corporation on behalf of Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)(Riddle, Jesse)
July 26, 2016 Filing 256 NOTICE of Hearing: A Status Conference is set for 07/28/2016 at 11:00 a.m. in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (bbb)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 26, 2016 Opinion or Order Filing 255 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS H, M, N, O AND P TO PLAINTIFF KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION FOR SUMMARY JUDGMENT AGAINST HAWAII LIFE FLIGHT AND AIR MEDICAL RESOURCE GROUP re #247 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 7/26/2016. "IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff Kaiser Foundation Health Plan, Inc.'s Ex Parte Motion for Leave to File Under Seal Exhibits H, M, N, O and P to KFHP's Motion for Summary Judgment Against Hawaii Life Flight and Air Medical Resource Group is granted, and Exhibits H, M, N, O and P shall be filed publicly." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 25, 2016 Filing 254 EO: Pursuant to Mark Bennett's request, the #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group, and #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103] set for 10/24/16 @ 10:00 a.m. ACK are continued to 11/7/2016 10:00 AM before JUDGE ALAN C KAY. Parties notified by Mr. Bennett. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 21, 2016 Filing 253 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Notice of 30(b)(6) Depo: PHK - Kaiser Foundation Health Plan, Inc.; Amended Notices of Oral Depos - Kidder, Hsieh & Kessler) (Lilly, Michael)
July 21, 2016 Filing 252 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Notices of Oral Depos - Kidder, Hsieh & Kessler) (Lilly, Michael)
July 20, 2016 Filing 251 EO: On July 18, 2016, Plaintiff Kaiser Foundation Health Plan, Inc. ("KFHP") filed a Motion for Summary Judgment Against Hawaii Life Flight ("HLF") and Air Medical Resource Group ("AMRG"). ECF No. 248. As stated in its Minute Order filed June 22, 2016, ECF No. 226, the Court found that based on the nature of the various claims, as well as judicial economy, the cross-motions for summary judgment (namely, Plaintiff Sidlo's Motion for Partial Summary Judgment Against Defendant KFHP and Defendants KFHP and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgement; as well as any additional motions for partial summary judgment as to any of the additional claims asserted in the First Amended Complaint) should be heard prior to any of the other matters in these consolidated cases (including Plaintiff Sidlo's Motion for Class Certification, Plaintiff KFHP's Motion for Preliminary Injunction, and Plaintiff KFHP's Motion to Dismiss HLF's Counterclaim Against KFHP).In accordance with the foregoing, (1) Plaintiff KFHP's Motion to Dismiss HLF's Counterclaim Against KFHP and (2) Plaintiff KFHP's Motion for Summary Judgment Against HLF and AMRG will be heard at 10 a.m. on Monday, October 24, 2016. However, the Court is scheduled to be presiding over a lengthy trial in October and into November; and thus the hearing on October 24 will not include any issues involving preliminary or permanent injunctions, which appear to be requested by Plaintiff KFHP's Motion for Summary Judgment Against HLF and AMRG filed July 18, 2016 at pages 3, 22, 23, and 24 (notwithstanding the motion being entitled as a summary judgment motion). The Court notes that such requests are not explicitly referenced in the motions "Conclusion."IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf) #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group, #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103]. Motion Hearing set for 10/24/2016 10:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 18, 2016 Filing 250 REQUEST Judicial Notice by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A, #3 Certificate of Service)(Munger, Lisa)
July 18, 2016 Filing 249 CONCISE STATEMENT in Support re #248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of May Goya, #2 Exhibit A, #3 Declaration of Jan Kagehiro, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Declaration of Michelle Scannell, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H (Under Seal), #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M (Under Seal), #17 Exhibit N (Under Seal), #18 Exhibit O (Under Seal), #19 Exhibit P (Under Seal), #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Certificate of Compliance, #24 Certificate of Service)(Munger, Lisa)
July 18, 2016 Filing 248 MOTION for Summary Judgment against Hawaii Life Flight and Air Medical Resource Group Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance, #3 Certificate of Service)(Munger, Lisa)
July 18, 2016 Filing 247 Ex Parte MOTION for Leave to File Under Seal Exhibits H, M, N, O and P to Motion for Summary Judgment Against Hawaii Life Flight and Air Medical Resource Group Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Munger, Lisa)
July 15, 2016 Filing 246 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Lautenbach, Andrew)
July 12, 2016 Filing 245 CERTIFICATE OF SERVICE by Toby Sidlo (Re: 1) Plaintiffs Supplemental Response to Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plans Request of Admissions to Plaintiff Toby Sidlo, Set One, 2) Plaintiffs Supplemental Response to Defendants Interrogatories No. 6, 9, 10,12, 14 and 21, 3) Plaintiffs First Request for Admissions, Second Request for Production of Documents and Second Request for Interrogatories to Defendant Kaiser Foundation Health Plan, and 4) Plaintiffs Second Request for Admissions and Genuineness of Documents to Defendant Kaiser Foundation Health Plan, Inc., dated July 1, 2016 and ) Plaintiffs Third Request for Admissions and Genuineness of Documents to Defendant Kaiser Foundation Health Plan, Inc., dated July 8 2016) (Lilly, Michael)
July 12, 2016 Filing 244 EO: Given that Hawaii Life Flight Corporation and Air medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order will now be addressed as a hearing motion, the reply memorandum shall be filed in accordance with the deadlines pertaining to hearing motions. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 12, 2016 Filing 243 NOTICE of Hearing on Motion #223 MOTION to Amend/Correct Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order [Dkt. 31] ; Motion Hearing set for 9/2/2016 at 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 11, 2016 Filing 242 Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s ANSWER to #227 Amended Complaint, Filed by Plaintiff Toby Sidlo on June 23, 2016 by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Munger, Lisa)
July 11, 2016 Filing 241 EO: This Case has been reassigned to Magistrate Judge Kevin Chang. Final Pretrial Conference set for 11/30/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Previously set before Magistrate Judge Puglisi) Settlement Conference set for 10/13/2016 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (Previously set before Magistrate Judge Puglisi) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 11, 2016 Filing 240 EO: Discovery Dispute-Re Qualified Protective Order-Letter Briefs to be faxed to Judge Chang's Chambers by Thursday, 7/14/2016. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 11, 2016 Filing 239 EO: In light of the Order of Reappointment of Kevin S. C. Chang, as the United States Magistrate Judge for the District of Hawaii on July 07, 2016, and there no longer existing a conflict of interest in this case, it is hereby reassigned to Judge Kevin S.C. Chang. Please reflect case numbers CV 15-00269 ACK-KSC and CV 16-00073 ACK-KSC on all further filings. (CHIEF JUDGE J. MICHAEL SEABRIGHT) Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 8, 2016 Filing 238 MEMORANDUM in Opposition re #223 MOTION to Amend/Correct Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order [Dkt. 31]; Memorandum in Support of Motion; Certificate of Service ; Certificate of Service filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Terada, Christine)
July 7, 2016 Filing 237 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Lautenbach, Andrew)
June 29, 2016 Filing 236 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. Re: (1) KFHP Amd Ntc of Taking Cont'd DUOE Pursuant to FRCP 30(b)(6) - Desig. Rep. of AMRG [Dated 6-27-16]; and (2) KFHP Amd Ntc of Taking Cont'd DUOE Pursuant to FRCP 30(b)(6) - Desig. Rep. of HLF [Dated 6-27-16] (Terada, Christine)
June 29, 2016 Filing 235 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendants Hawaii Life Flight's Supplemental Document Production Bates Labeled HLF010015-HLF010065 to Kaiser Foundation Health Plan, Inc. (Lautenbach, Andrew)
June 27, 2016 Opinion or Order Filing 234 ORDER REGARDING DISCOVERY LETTER BRIEFS - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/27/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 27, 2016 Filing 233 NOTICE by Toby Sidlo re #181 Memorandum in Opposition to Motion,, 214 Order on Motion to Seal Document, Link,,,,,,,, (Withdrawal of Lodged Exhibit "9") Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
June 24, 2016 Filing 232 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendants Hawaii Life Flight's Supplemental Document Production Bates Labeled HLF009839-HLF010014 To Kaiser Foundation Health Plan, Inc. (Lautenbach, Andrew)
June 24, 2016 Filing 231 EO: In accordance with the Court's Minute Order dated June 22, 2016, ECF No. 226, the Court hereby withdraws without prejudice Plaintiff Kaiser Foundation Health Plan, Inc's Motion for Preliminary Injunction, ECF No. 90; Plaintiff's Motion for Class Certification, ECF No. 100; and Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc., ECF No. 195. The Court will reinstate the motions once it has rescheduled hearings for the same.terminating #90 Motion for Preliminary Injunction; terminating #100 Motion to Certify Class; terminating #195 Motion to Dismiss; re #226 Order on Motion to Amend/Correct, Order on Motion for Joinder, Terminate Motion Deadlines/Hearings (inc F&R), Set Motion Deadlines/Hearings (inc F&R), Terminate Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 24, 2016 Filing 230 TRANSCRIPT of PLAINTIFF'S MOTION TO FILE A FIRST AMENDED COMPLAINT Proceedings held on 06/20/2016, before Judge LESLIE E. KOBAYASHI. Court Reporter Debi Read at readit3949@gmail.com. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 7/12/2016. Redacted Transcript Deadline set for 7/22/2016. Release of Transcript Restriction set for 9/19/2016. (dr@, hid.uscourts.gov)
June 24, 2016 Filing 229 NOTICE of Appearance by Andrew James Lautenbach on behalf of Air Medical Resource Group, Inc., Hawaii Life Flight Corporation on behalf of Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
June 23, 2016 Opinion or Order Filing 228 ORDER GRANTING IN PART AND DENYING IN PART KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO COMPEL PRODUCTION OF COMMUNICATIONS BETWEEN PLAINTIFF TOBY SIDLO AND HAWAII LIFE FLIGHT AND THEIR ATTORNEYS, AND TO COMPEL PLAINTIFF'S FURTHER WRITTEN DISCOVERY RESPONSES re #159 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/23/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 23, 2016 Filing 227 FIRST AMENDED COMPLAINT CLASS ACTION COMPLAINT against Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, filed by Toby Sidlo. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lilly, Michael) Modified on 6/24/2016 (emt, ).
June 22, 2016 Filing 226 EO: Please see attached minutes for further details.For the foregoing reasons, the Court GRANTS Plaintiff's Motion. Plaintiff is instructed to file the proposed First Amended Complaint (''FAC'') attached as Exhibit A to his Motion forthwith.Under these circumstances, the Court sets a new hearing on Plaintiff's Motion for Partial Summary Judgment and Defendants' Motion for Summary Judgment, or in the Alternative, Partial Summary Judgement for 11 a.m. on Thursday, September 15, 2016. The Court directs that if the parties wish to file supplemental motions for partial summary judgment as to any of the additional claims asserted in the FAC, they may do so, provided that they file such supplemental motions for partial summary judgment by no later than August 11, 2016 (which allows a period of roughly 50 days for the discovery time the parties requested). In accordance with Local Rule 7.4, the parties should file oppositions by no later than August 25, 2016, and replies by no later than September 1, 2016. Any additional motions for partial summary judgment will also be heard on September 15, 2016.The Court also finds that based on the nature of the various claims, as well as judicial economy, the cross-motions for summary judgment should be heard prior to any of the other matters in these consolidated cases, namely: Plaintiff's Motion for Class Certification, Defendant KFHP's Motion for Preliminary Injunction, and Plaintiff KFHP's Motion to Dismiss HLF's Counterclaim Against KFHP. The hearings on these motions are therefore taken off the calendar and will be rescheduled at a later date.IT IS SO ORDERED. (JUDGE ALAN C KAY)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 22, 2016 Filing 225 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #223 Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order #31 without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 21, 2016 Filing 224 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. Re (1) Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.s First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Air Medical Resource Group, Inc. [Dated June 21, 2016]; (2) Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.s First Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Hawaii Life Flight Corporation [Dated June 21, 2016]; (3) Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.s Second Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Air Medical Resource Group, Inc. [Dated June 21, 2016]; (4) Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.s Second Amended Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Hawaii Life Flight Corporation [Dated June 21, 2016]; (5) Kaiser Foundation Health Plan, Inc.s Notice of Taking Continued Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Air Medical Resource Group, Inc. [Dated June 21, 2016]; and (6) Kaiser Foundation Health Plan, Inc.s Notice of Taking Continued Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure Designated Representative of Hawaii Life Flight Corporation [Dated June 21, 2016] (Terada, Christine)
June 21, 2016 Filing 223 MOTION to Amend/Correct Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Motion to Amend the Rule 16 Scheduling Order [Dkt. 31]; Memorandum in Support of Motion; Certificate of Service Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Lautenbach, Andrew)
June 20, 2016 Filing 222 EP: : Plaintiff's Motion to File a First Amended Complaint #201 and Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Joinder to Plaintiff Toby Sidlo's Motion to File a First Amended Complaint #216 - Arguments.Plaintiff's Motion to File a First Amended Complaint #201 and Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Joinder to Plaintiff Toby Sidlo's Motion to File a First Amended Complaint #216 - taken under advisement.Court to issue a minute order.Motion Hearing held on 6/20/2016 re #216 MOTION for Joinder re #201 First MOTION to Amend/Correct #1 Complaint filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, #201 First MOTION to Amend/Correct #1 Complaint filed by Toby Sidlo. (Court Reporter Debi Read.) (JUDGE ALAN C KAY)(tbf, )No COS issued for this docket entry
June 20, 2016 Filing 221 REPLY re #220 Memorandum in Opposition to Motion,, #201 First MOTION to Amend/Correct #1 Complaint filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
June 17, 2016 Filing 220 MEMORANDUM in Opposition re #201 First MOTION to Amend/Correct #1 Complaint filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of Michelle Scannell, #2 Exhibit A - 12-15-2014 Indemnity Letter to Sidlo, #3 Exhibit B - 5-4-2015 Letter to Sidlo, #4 Exhibit C - 7-15-2015 Letter to HID, #5 Exhibit D - 7-30-2015 Letter to HID, #6 Exhibit E - KFHP Objections and Rogg Responses, #7 Exhibit F - 2-12-2015 Letter Brief to Mag. Judge Chang, #8 Certificate of Service)(Terada, Christine)
June 17, 2016 Filing 219 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. (Re KFHP Response to HLF and AMRG Second Request for PODs [dated May 18, 2016]) (Terada, Christine)
June 17, 2016 Filing 218 NOTICE of Hearing on Motion #216 MOTION for Joinder re #201 First MOTION to Amend/Correct #1 Complaint :. Motion Hearing set for 6/20/2016 02:00 PM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 17, 2016 Filing 217 REPLY re #181 Memorandum in Opposition to Motion,, #180 Memorandum in Opposition to Motion,, KFHP Motion to Compel Production of Communications #159 filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration Michelle M. Scannell, #2 Certificate of Compliance Per LR 7.5, #3 Certificate of Service)(Terada, Christine)
June 17, 2016 Filing 216 MOTION for Joinder re #201 First MOTION to Amend/Correct #1 Complaint Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
June 16, 2016 Filing 215 EO: On May 16, 2016, Plaintiff and Defendants filed cross-motions for summary judgment, ECF Nos. 149, 151, which the Court set for hearing on June 20, 2016, ECF No. 153. On June 9, 2016, Plaintiff filed a Motion to File a First Amended Complaint ("Motion"), which appeared to necessitate continuing the parties' cross-motions for summary judgment. ECF No. 201. Thus, on June 13, 2016, the Court asked the parties to file any objections to a continuance by noon on Wednesday, June 15. ECF No. 207. Defendants thereafter filed an Objection to Continuance of June 20, 2016 Hearing on Motions for Summary Judgment (Objection) on June 15. ECF No. 212.In his Motion and 12-page memorandum, Plaintiff set forth why he feels the Court should grant him leave to amend his Complaint. See generally Motion. On the other hand, Defendants filed a ten-page Objection, which addresses why Defendants feel amendment should be denied. See generally Objection. It therefore appears that both parties have presented their position as to whether the Court should grant Plaintiff's Motion.Accordingly, the Court is inclined to hear Plaintiff's Motion this coming Monday, June 20 at 2:00 p.m. Any objection to such hearing must be filed by noon on Friday, June 17. The cross-motions for summary judgment will not be heard on Monday, and the Court will discuss scheduling the same during the hearing on Monday.The Court understands the concerns and frustration felt by Defendants regarding the circumstances of the filing of Plaintiff's Motion; nevertheless, the Court feels its proposal is the appropriate way to proceed. IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf) #201 First MOTION to Amend/Correct #1 Complaint . Motion Hearing set for 6/20/2016 02:00 PM in Aha Kanawai before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 16, 2016 Filing 214 EO: The Court DENIES #182 Plaintiff's request to file under seal Exhibit 9 to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Compel Communication Between Plaintiff Toby Sidlo, Hawaii Life Flight, and Their Attorneys. Plaintiff has failed to demonstrate good cause to file under seal Exhibit 9, which is an engagement letter with standard terms. Pursuant to Local Rule 83.12(b), Plaintiff shall have the option of withdrawing the lodged document or having it filed publicly. No later than 6/20/16, Plaintiff shall either retrieve the lodged copy from the Clerk's Office or shall file Exhibit 9 on the public docket. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 15, 2016 Filing 213 REPLY re #199 Memorandum in Opposition to Motion, #182 MOTION to Seal Document #181 Memorandum in Opposition to Motion,, Ex Parte Motion to Seal Exhibit "9" filed by Toby Sidlo. (Attachments: #1 Declaration of Michael A. Lilly, #2 Certificate of Service)(Lilly, Michael)
June 15, 2016 Filing 212 OBJECTION re #207 Link,,,, Kaiser Objection to Continuance of June 20, 2016 Hearing on Motions for Summary Judgment [Pursuant to Dkt. No. 207] filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Terada, Christine)
June 13, 2016 Filing 211 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [Re (1) KFHP Objection to HLF/AMRG Amended 2nd Rule 30(b)(6) Depo Ntc of KFHP and (2) KFHP Objection to HLF/AMRG Amended 3rd Rule 30(b)(6) Depo Ntc of KFHP] (Terada, Christine)
June 13, 2016 Filing 210 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [re: Defendant Hawaii Life Flight Corporation's Response to Kaiser Foundation Health Plan, Inc.'s Request for Production to Defendant Hawaii Life Flight Corporation, Set Three] (Lautenbach, Andrew)
June 13, 2016 Filing 209 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. [re: Defendant Air Medical Resource Group, Inc.'s Response to Kaiser Foundation Health Plan, Inc.'s Request for Production to Defendant Air Medical Resource Group, Inc., Set Three] (Lautenbach, Andrew)
June 13, 2016 Filing 208 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendants Hawaii Life Flight's Supplemental Document Production Bates Labeled HLF009815-HLF009838 To Kaiser Foundation Health Plan, Inc. (Lautenbach, Andrew)
June 13, 2016 Filing 207 EO: The Court has received and reviewed Plaintiff Sidlo's filing of his Motion to File a First Amended Complaint (''Motion''), which was filed after 5:00 p.m. on June 9, 2016, just eleven days prior to the scheduled hearing on the parties' cross-motions for summary judgment. The Court notes that it was closed on Friday, June 10 due to the King Kamehameha holiday. Plaintiff Sidlo's Motion appears to necessitate continuing the parties' cross-motions for summary judgment. Any party disagreeing to a continuance should file their objection by noon on Wednesday, June 15.IT IS SO ORDERED. (JUDGE ALAN C KAY)(tl, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 13, 2016 Filing 206 REQUEST FOR JUDICIAL NOTICE OF ADJUDICATIVE FACTS by Toby Sidlo. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Lilly, Michael)
June 13, 2016 Filing 205 RESPONSE re #191 Objection PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANT KAISER FOUNDATION HEALTH PLAN INC.S OBJECTIONS TO THE SUPPLEMENTAL DECLARATION OF JOHN J. CONWAY III SUBMITTED IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE PARTIAL SUMMARY JUDGMENT filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
June 13, 2016 Filing 204 EO: Plaintiff may file a Reply re #182 Plaintiff's Ex Parte Motion for Leave to File Under Seal Ex. "9" to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Compel Communications Between Plaintiff Toby Sidlo, Hawaii Life Flight and Their Attorneys no later than 6/15/2016.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 13, 2016 Filing 203 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #201 Plaintiff's Motion to File a First Amended Complaint without a hearing. Briefing shall be in accordance with Local Rule 7.4.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 9, 2016 Filing 202 SUPPLEMENT re #201 First MOTION to Amend/Correct #1 Complaint filed by Toby Sidlo by Toby Sidlo (Submission of Exhibit "B"). (Attachments: #1 Exhibit B, #2 Certificate of Service)(Lilly, Michael)
June 9, 2016 Filing 201 First MOTION to Amend/Correct #1 Complaint Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of John J. Conway, III, #3 Exhibit A, #4 Exhibit A-1, #5 Exhibit A-2, #6 Exhibit A-3, #7 Exhibit A-4, #8 Exhibit A-5, #9 Certificate of Service)(Lilly, Michael)
June 9, 2016 Filing 200 NOTICE of Hearing on Motion #195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103] :. Motion Hearing set for 9/6/2016 11:00 AM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
June 9, 2016 Filing 199 MEMORANDUM in Opposition re #182 MOTION to Seal Document #181 Memorandum in Opposition to Motion,, Ex Parte Motion to Seal Exhibit "9" filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Terada, Christine)
June 9, 2016 Filing 198 Declaration re #152 Concise Statement of Facts,, (Amended Declaration of Toby Sidlo). (Attachments: #1 Declaration of Toby Sidlo (Amended), #2 Certificate of Service)(Lilly, Michael)
June 9, 2016 Filing 197 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Amended Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A] (Lautenbach, Andrew)
June 9, 2016 ADVISORY ENTRY. Please be advised that the pdf image to docket number #193 Certificate of Service [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Amended Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A] filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, appears to be incomplete (the caption cover page is missing). The filing party may resubmit the document in its entirety. (emt, )
June 8, 2016 Filing 196 REQUEST for Judicial Notice by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A - Dec. of Cherie O'Connor, #3 Exhibit B - KFHP v. HLF Complaint, #4 Exhibit C - [Dkt. 152] Sidlo CSOF ISO MPSJ, #5 Exhibit D - Sidlo v. KPIC Complaint, #6 Certificate of Service)(Munger, Lisa)
June 8, 2016 Filing 195 MOTION to Dismiss Hawaii Life Flight Corporation's Counterclaim Against Kaiser Foundation Health Plan, Inc. [Dkt. No. 103] Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Certificate of Service)(Munger, Lisa)
June 8, 2016 Filing 194 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Amended Second Rule 30 (b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A] (Lautenbach, Andrew)
June 8, 2016 Filing 193 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Amended Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A] (Lautenbach, Andrew)
June 7, 2016 Filing 192 Additional Exhibits to Dec. of Michelle Scannell Attached to #176 KFHP Opp to Sidlo CSOF ISO MPSJ Against KFHP [Dkt. No. 152] and Supp CSOF filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Exhibit CC - Webb Cites, #2 Exhibit DD - Sorenson Cites, #3 Certificate of Service)(Terada, Christine)
June 6, 2016 Filing 191 OBJECTION re #173 Concise Statement in Opposition, #172 Memorandum in Opposition to Motion filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
June 6, 2016 Filing 190 CONCISE STATEMENT of Facts re #189 Reply, ISO Kaiser Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of Michelle Scannell, #2 Exhibit II, #3 Exhibit JJ, #4 Certificate of Compliance Pursuant to LR 7.5, #5 Certificate of Service)(Munger, Lisa)
June 6, 2016 Filing 189 REPLY re #149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Compliance Pursuant to LR 7.5, #2 Certificate of Service)(Munger, Lisa)
June 6, 2016 Filing 188 RESPONSE re #177 Objection filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
June 6, 2016 Filing 187 (Reply withdrawn pursuant to ECF No. 282 Notice of Withdrawal of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. (Doc. No. 151) and Reply in Support of Plaintiff's Motion (Doc. No. 187): REPLY re #174 Memorandum in Opposition to Motion, #151 MOTION for Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Exhibit 24, #3 Declaration of Chris Webb, #4 Declaration of Amee Sorenson, #5 Exhibit 1, #6 Exhibit 2, #7 Certificate of Service)(Lilly, Michael) Modified on 8/12/2016 (emt, ).
June 6, 2016 Filing 186 [AMENDED DOCUMENT] Supplemental Declaration of John J. Conway, III - Amended re Amendment to #173 Concise Statement in Opposition, by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John) Modified on 6/7/2016 (emt, ).
June 6, 2016 Filing 185 [AMENDED DOCUMENT] Declaration of John J. Conway, III - Amended re Amendment to #152 Concise Statement of Facts . by Toby Sidlo. (Attachments: #1 Certificate of Service)(Conway, John) Modified on 6/7/2016 (emt, ).
June 6, 2016 Filing 184 EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to Plaintiff's Ex Parte Motion for Leave to File Under Seal Ex. "9" to Plaintiff's Memorandum of Law in Opposition to Defendants' Motion to Compel Communications Between Plaintiff Toby Sidlo, Hawaii Life Flight and Their Attorneys is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 6, 2016 Filing 183 EO: Based on the lack of opposition, the Court GRANTS #169 Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s request to file Exhibits CC and DD to Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment on the public docket. See ECF No. 169 at 6-7. The Court directs that these Exhibits be filed publicly no later than 6/8/16. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
June 3, 2016 Filing 182 MOTION to Seal Document #181 Memorandum in Opposition to Motion,, Ex Parte Motion to Seal Exhibit "9" John J. Conway, III appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway III, #2 Proposed Order, #3 Certificate of Service)(Conway, John)
June 3, 2016 Filing 181 MEMORANDUM in Opposition re #159 MOTION to Compel Production of Communications Between Plaintiff Toby Sidlo and Hawaii Life Flight, and Their Attorneys, and to Compel Plaintiff's Further Written Discovery Responses filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Certificate of Service)(Conway, John)
June 3, 2016 Filing 180 MEMORANDUM in Opposition Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Compel Production of Communications Between Toby Sidlo and Hawaii Life Flight and Their Attorneys, and to Compel Plaintiff's Further Written Discovery Responses filed May 20, 2016 [Dkt. #159 ] Declaration of Jesse Riddle; Declaration of Orian Lee; Exhibit A; Certificate of Service filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Declaration of Jesse Riddle, #2 Declaration of Orian Lee, #3 Exhibit A, #4 Certificate of Service)(Lee, Orian)
June 2, 2016 Filing 179 EO: Based on the parties' request and agreement, and finding good cause in support thereof, the Court CONTINUES the briefing schedule regarding #100 Plaintiff's Motion for Class Certification as follows: opposition shall be filed no later than noon on 7/8/2016; reply shall be filed no later than noon on 7/29/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 31, 2016 Filing 178 EO: In #169 Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Ex Parte Motion for Leave to File Under Seal Exhibits CC and DD to Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc., Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. ask the court to file Exhibits CC and DD to Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Opposition on the public docket. See ECF No. #169 at 6-7. Pursuant to Local Rule 83.12(b), any party who contends that any information related to Exhibits CC and DD should be sealed may file and serve written objections no later than seven (7) days after the filing of the motion. If no written objections are filed, the court will direct that these Exhibits be filed publicly. If written objections are filed, the Court will issue an appropriate order. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 27, 2016 Filing 177 OBJECTION re #152 Concise Statement of Facts,, #151 MOTION for Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Service)(Munger, Lisa)
May 27, 2016 Filing 176 CONCISE STATEMENT in Opposition Plaintiff Toby Sidlo's Concise Statement of Facts in Support of #151 MOTION for Partial Summary Judgment and Supplemental CONCISE STATEMENT of Facts re #152 filed by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Supplemental Declaration of Michelle Scannell, #2 Exhibit AA - Sidlo Cites, #3 Exhibit BB - Sidlo Depo Exhibit 13, #4 Exhibit CC - FUS Slip Sheet, #5 Exhibit DD - FUS Slip Sheet, #6 Exhibit EE - HLF 9-13, #7 Exhibit FF - Webb Depo Exhibit 33, #8 Exhibit GG - Sidlo Depo Exhibit 9, #9 Exhibit HH - Medicare Rate, #10 Supplemental Declaration of Cherie O'Connor, #11 Declaration of William B. Bailey, #12 Declaration of Craig Nakamoto, #13 Certificate of Compliance Pursuant to LR 7.5, #14 Certificate of Service)(Munger, Lisa) Modified on 5/31/2016 (emt, ).
May 27, 2016 Filing 175 MOTION for Joinder Joinder to Plaintiff Toby Sidlo's Opposition to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment or in the Alternative, Partial Summary Judgment [Dkt. #172 ] filed May 27, 2016; Certificate of Service Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew) Modified on 5/31/2016 to terminate entry from reflecting as a pending motion. This document is a joinder to an opposition, not a joinder to a motion. (emt, )
May 27, 2016 Filing 174 MEMORANDUM in Opposition re #151 MOTION for Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance Pursuant to LR 7.5, #2 Certificate of Service)(Munger, Lisa)
May 27, 2016 Filing 173 Concise Statement of Facts in Response to #150 Defendants' Concise Statement of Facts, filed May 16, 2016 filed by Toby Sidlo. (Attachments: #1 Supplemental Declaration of John J. Conway III, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 23, #9 Certificate of Service)(Lilly, Michael) Modified on 5/31/2016 (emt, ).
May 27, 2016 Filing 172 MEMORANDUM in Opposition re #149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Lilly, Michael)
May 27, 2016 Filing 171 NOTICE of Hearing on Motion #168 MOTION for Joinder re #151 MOTION for Partial Summary Judgment :. Motion Hearing set for 6/20/2016 10:00 AM in Aha Kanawai before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 27, 2016 Filing 170 REDACTION of Declaration of Thomas Risse [Attached to the #150 Concise Statement of Facts in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment] by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Redacted Declaration of Thomas Risse, #2 Certificate of Service)(Munger, Lisa) Modified on 5/31/2016 to add linkage to #150 Concise Statement. (emt, )
May 27, 2016 Filing 169 Ex Parte MOTION for Leave to File Under Seal Exhibits CC and DD to Defendant Kaiser Foundation Health Plan, Inc.'s Opposition to Plaintiff Toby Sidlo's Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting EPM for Leave to File Under Seal, #3 Certificate of Service)(Munger, Lisa)
May 27, 2016 Filing 168 MOTION for Joinder re #151 MOTION for Partial Summary Judgment Andrew James Lautenbach appearing for Consol Defendants Air Medical Resource Group, Inc., Hawaii Life Flight Corporation, Counter Claimant Hawaii Life Flight Corporation (Attachments: #1 Certificate of Service)(Lautenbach, Andrew)
May 26, 2016 Filing 167 EO: The Court GRANTS #157 Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Ex Parte Motion for Leave to File Under Seal CM/ECF Document 150-12 at Page 9 of 10 Inadvertently Attached to the Declaration of Thomas Risse Attached to the Concise Statement of Facts in Support of Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment. Because certain text on these pages contain personal identifiers, Defendants have demonstrated compelling reasons to seal pages 9-10 of ECF No. 150-12, the Declaration of Thomas Risse. No later than 5/27/16, Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. shall file a redacted version of the Declaration of Thomas Risse on the public docket. The Clerk's Office is directed to place under seal the Declaration of Thomas Risse Attached to the Concise Statement of Facts in Support of Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment, ECF No. 150-12. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 24, 2016 Filing 166 Additional Exhibits to #149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment, #150 Concise Statement in Support of Motion,,,,,,, filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Exhibit K - Sorenson Cites, #2 Exhibit Q - Webb Cites, #3 Exhibit S - Excerpts of Ex. 20 to Sidlo, #4 Exhibit T - Ex. 12 to Sidlo, #5 Exhibit X - HLF Claim, #6 Certificate of Service)(Munger, Lisa)
May 24, 2016 Filing 165 SEALED EXHIBIT: Submission of EXHIBIT C to the Declaration of Melissa Manadic in Support of #149 Kaiser Foundation Health Plan, Inc.'s and Kaiser Permanente Insurance Company's MOTION for Summary Judgment, or in the Alternative, Partial Summary Judgment - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED purusant to 164 Minute Order related to docket entry: #150 Concise Statement in Support of Motion for Summary Judgment (emt, ) (emt, ).
May 24, 2016 Filing 164 EO: Regarding #148 Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Ex Parte Motion for Leave to File Under Seal Exhibits C, K, Q, S, T, and X to Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment the Court ORDERS as follows:The Court GRANTS Defendants' request to file Exhibit C under seal. The Court finds that Defendants have demonstrated compelling reasons to seal Exhibit C. Although the declaration submitted in support of Defendants' Ex Parte Motion does not provide any information regarding the contents of Exhibit C, see ECF No. 148-1, based on the Court's review, each page of Exhibit C contains detailed medical information regarding Plaintiff. Plaintiff's privacy interests regarding this medical information outweighs the public policies favoring access to court records. The redacted copy of Exhibit C filed by Defendants shall remain open for public inspection. See ECF Nos. 150-5. The Clerk's Office is directed to place under seal the unredacted copy of Exhibits C to Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment.The Court also GRANTS Defendants' request to file Exhibits K, Q, S, T, and X on the public docket. See ECF No. #148 at 6-8. No later than 5/26/16, Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. shall file Exhibits K, Q, S, T, and X to Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment on the public docket. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 23, 2016 Filing 163 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [re Hawaii Life Flight Corporation's Objection to Defendant/Plaintiff Kaiser Foundation Health Plan Inc.'s Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure] (Lautenbach, Andrew)
May 23, 2016 Filing 162 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. [re Air Medical Resource Group, Inc.'s Objection to Defendant/Plaintiff Kaiser Foundation Health Plan Inc.'s Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure] (Lautenbach, Andrew)
May 23, 2016 Filing 161 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Defendant Hawaii Life Flight's Supplemental Document Production Bates Labeled HLF00367-HLF09814 to Kaiser Foundation Health Plan, Inc.] (Lautenbach, Andrew)
May 23, 2016 Filing 160 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #159 Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Compel Production of Communications Between Plaintiff Toby Sidlo and Hawaii Life Flight, and Their Attorneys, and to Compel Plaintiff's Further Written Discovery Responses without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(kr)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 20, 2016 Filing 159 MOTION to Compel Production of Communications Between Plaintiff Toby Sidlo and Hawaii Life Flight, and Their Attorneys, and to Compel Plaintiff's Further Written Discovery Responses Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Michelle Scannell, #3 Exhibit A - Sidlo Testimony, #4 Exhibit B - JLA, #5 Exhibit C - Retainer Agreement, #6 Exhibit D - Privilege Log, #7 Exhibit E - Dec. and Jan. Emails, #8 Exhibit F - Sidlo Supp. Response, #9 Exhibit G - February Ltr. to Sidlo Counsel, #10 Exhibit H - March Ltr. to Judge Chang, #11 Exhibit I - April Ltr. Brief to Judge Chang, #12 Exhibit J - Email re Supp. Response, #13 Exhibit K - Sidlo Initial Rog Response, #14 Exhibit L - Sidlo Initial RFA Response, #15 Exhibit M - Emails re Scheduling M&C, #16 Certificate of Compliance with LR 37.1(b), #17 Certificate of Service)(Munger, Lisa)
May 19, 2016 Filing 158 EO: Pursuant to Local Rule 83.12(b), any party who contends that any information related to #157 Ex Parte Motion for Leave to File Under Seal CM/ECF Document 150-12 at Page 9 of 10 Inadvertently Attached to the Declaration of Thomas Risse Attached to the Concise Statement of Facts in Support of Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 18, 2016 Filing 157 Ex Parte MOTION for Leave to File Under Seal CM/ECF Document 150-12 at Page 9 of 10 Inadvertently Attached to the Declaration of Thomas Risse Attached to the Concise Statement of Facts in Support of KFHP and KPIC's Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment [Related Dkt. Nos. 149 and 150] Christine A. Terada appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Christine A. Terada, #2 [Proposed] Order Granting EPM for Leave to FUS, #3 Certificate of Service)(Terada, Christine)
May 18, 2016 Filing 156 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation Re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Second Request For Production of Documents And Things To Plaintff Kaiser Foundation Health Plan, Inc. (Lautenbach, Andrew)
May 17, 2016 Filing 155 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Plaintiffs Notice of Taking Deposition Upon Oral Examination-Thomas J. Risse) (Lilly, Michael)
May 17, 2016 Filing 154 EO: Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc.'s #148 Ex Parte Motion for Leave to File Under Seal Exhibits C, K, Q, S, T, and X to Kaiser Foundation Health Plan, Inc. and Kaiser Permanente Insurance Company's Motion for Summary Judgment, or, in the Alternative, Partial Summary Judgment asks the court to allow Exhibit C to be filed under seal. Pursuant to Local Rule 83.12(b), any party who contends that any information related to Exhibit C is not entitled to confidential treatment may challenge the designation by no later than seven (7) days after the filing of the motion.Additionally, Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. ask the court to file Exhibits K, Q, S, T, and X on the public docket. See ECF No. 148 at 6-8. Pursuant to Local Rule 83.12(b), any party who contends that any information related to Exhibits K, Q, S, T, and X should be sealed may file and serve written objections no later than seven (7) days after the filing of the motion. If no written objections are filed, the court will direct that these Exhibits be filed publicly. If written objections are filed, the Court will issue an appropriate order. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 17, 2016 Filing 153 NOTICE of Hearing on Motion #151 MOTION for Partial Summary Judgment , #149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment :. Motion Hearing set for 6/20/2016 10:00 AM before JUDGE ALAN C KAY. (tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
May 16, 2016 Filing 152 CONCISE STATEMENT of Facts re #151 MOTION for Partial Summary Judgment filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Declaration of Toby Sidlo, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Certificate of Compliance, #20 Certificate of Service)(Lilly, Michael)
May 16, 2016 Filing 151 (Motion withdrawn pursuant to ECF No. #282 Notice of Withdrawal of Motion for Partial Summary Judgment Against Defendant Kaiser Foundation Health Plan, Inc. (Doc. No. 151) and Reply in Support of Plaintiff's Motion (Doc. No. 187): MOTION for Partial Summary Judgment Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Lilly, Michael) Modified on 8/12/2016 (emt, ).
May 16, 2016 Filing 150 CONCISE STATEMENT in Support re #149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Declaration of I. Mealer, #2 Exhibit A - 12-14 Indemnity Ltr to Sidlo, #3 Exhibit B - 5-15 Indemnity Ltr to Sidlo, #4 Declaration of M. Manandic, #5 Exhibit C - Slip Page, #6 Declaration of C. O'Connor, #7 Exhibit D - Group Face Sheet, #8 Declaration of E. Bassford, #9 Exhibit E - KFHP 000025-34, #10 Declaration S. Ilalaole, #11 Exhibit F - KFHP 000648-62, #12 Declaration T. Risse (ATTACHMENT SEALED) , #13 Exhibit G - 11-9-15 Ltr from V. Pressler to Kaiser, #14 Exhibit H - KFHP 000362, #15 Exhibit I - KFHP 000853-4, #16 Declaration M. Scannell, #17 Exhibit J - Ex. 19 Sidlo, #18 Exhibit K - Slip Page, #19 Exhibit L - New York Times Article, #20 Exhibit M - Kaiser 00001-3, #21 Exhibit N - Ex. 5 Sidlo, #22 Exhibit O - Sidlo Excerpts, #23 Exhibit P - Ex. 44 to Sorenson, #24 Exhibit Q - Slip Sheet, #25 Exhibit R - KFHP 000140, #26 Exhibit S - Slip Page, #27 Exhibit T - Slip Page, #28 Exhibit U - Ex. 11 to Sidlo, #29 Exhibit V - Ex. 6 to Sidlo, #30 Exhibit W - KFHP 000701, #31 Exhibit X - Slip Page, #32 Exhibit Y - KFHP 000142, #33 Exhibit Z - KFHP 000144, #34 Declaration of J. Guevara, #35 Certificate of Compliance, #36 Certificate of Service)(Munger, Lisa) Entry modified on 5/17/2016: Viewing of Declaration of T. Risse (with attachments) is temporarily restricted. Exhibits G, H and I is temporarily restricted to case participants pending filing of a motion to seal. Filing party apprised the Clerk's office that said exhibits were to be filed under seal and were mistakenly included in the filing. (afc) Modified on 5/26/2016: The Declaration of Thomas Risse is SEALED pursuant to the Minute Order, issued on May 26, 2016, ECF No. 167 . (emt, ).
May 16, 2016 Filing 149 MOTION for Summary Judgment or in the Alternative for Partial Summary Judgment Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance Per LR 7.5, #3 Certificate of Service)(Munger, Lisa)
May 16, 2016 Filing 148 Ex Parte MOTION Leave to File Under Seal Exs. C, K, Q, S, T and X to KFHP/KPIC Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting Ex Parte Motion, #3 Certificate of Service)(Munger, Lisa)
May 13, 2016 Opinion or Order Filing 147 FIRST AMENDED QUALIFIED PROTECTIVE ORDER (DKT. 39) re #39 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/13/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 13, 2016 Filing 146 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. Re #1 KFHP RPOD to AMRG, Set 3 and #2 KFHP RPOD to HLF, Set 3 (dated May 12, 2016) (Munger, Lisa)
May 13, 2016 Filing 145 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. (Munger, Lisa)
May 11, 2016 Filing 144 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. Re: Defendant Air Medical Resource Group, Inc.'s Response To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Request For Production to Defendant Air Medical Resource Group, Inc. Set Two (Lautenbach, Andrew)
May 11, 2016 Filing 143 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendant Hawaii Life Flight Corporation's Response To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Request For Production To Defendant Hawaii Life Flight Corporation, Set Two (Lautenbach, Andrew)
May 11, 2016 Filing 142 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. Re: Defendant Air Medical Resource Group, Inc.'s Responses To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Requests For Admission To Defendant Air Medical Resource Group, Inc. Set One (Lautenbach, Andrew)
May 11, 2016 Filing 141 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendant Hawaii Life Flight Corporation's Responses To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Requests For Admission To Defendant Hawaii Life Flight Corporation Set One (Lautenbach, Andrew)
May 11, 2016 Filing 140 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. Re: Defendant Air Medical Resource Group, Inc.'s Answers To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Interrogatories To Air Resource Medical Group, Inc. Set One (Lautenbach, Andrew)
May 11, 2016 Filing 139 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation Re: Defendant Hawaii Life Flight Corporation's Answers To Defendant/Plaintiff Kaiser Foundation Health Plan, Inc.'s Interrogatories To Defendant Hawaii Life Flight, Set One (Lautenbach, Andrew)
May 11, 2016 Filing 138 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A] (Lautenbach, Andrew)
May 11, 2016 Filing 137 CERTIFICATE OF SERVICE [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A] by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation (Lautenbach, Andrew) Modified on 5/11/2016 (emt, ).
May 11, 2016 Filing 136 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Second Rule 30 (b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A (Lautenbach, Andrew)
May 11, 2016 ADVISORY ENTRY. The filing party has advised the Clerk's Office that the incorrect pdf ("Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Third Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A; Certificate of Service") was attached to entry docket number #137 Certificate of Service, filed by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. The filing party will resubmit the Certificate of Service. The Clerk's Office will restrict the errant filing. (emt, )
May 9, 2016 Filing 135 EO: Regarding #133 Ex Parte Motion for Order Granting Parties' Stipulated Request for Continuance of Hearing Dates, the Court grants the request to CONTINUE the hearing on #100 Plaintiff's Motion for Class Certification to 8/9/2016 at 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE RICHARD L. PUGLISI. The Court directs briefing as follows: opposition shall be filed no later than 7/1/2016; reply shall be filed no later than 7/22/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 9, 2016 Filing 134 EO: Pursuant to the Ex Parte Motion for Order Granting Parties' Stipulated Request for Continuance of Hearing Dates on Plaintiff's Motion for Class Certification [Dkt. 100] and KFHP's Motion for Preliminary Injunction [Dkt. 90], KFHP's Motion for Preliminary Injunction [Dkt. 90] set for 6/27/16 @ 9:00 a.m. is continued to 8/8/16 @ 10:00 a.m.Parties notified. #90 MOTION for Preliminary Injunction, #133 Ex Parte MOTION For Order Granting Parties' Stipulated Request for Continuance of Hearing Dates of Plainitff's Motion for Class Certification [Dkt 100] and KFHP's Motion for Preliminary Injunction [Dkt 90] re #100 Plaintiff's, re #133 Ex Parte MOTION For Order Granting Parties' Stipulated Request for Continuance of Hearing Dates of Plainitff's Motion for Class Certification [Dkt 100] and KFHP's Motion for Preliminary Injunction [Dkt 90] re #100 Plaintiff's. set for 8/8/2016. Motion Hearing set for 8/8/2016 10:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 9, 2016 Filing 133 Ex Parte MOTION For Order Granting Parties' Stipulated Request for Continuance of Hearing Dates of Plainitff's Motion for Class Certification [Dkt 100] and KFHP's Motion for Preliminary Injunction [Dkt 90] re #100 Plaintiff's MOTION for Class Certification , #90 MOTION for Preliminary Injunction Lisa W. Munger appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc., Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Memorandum in Support, #2 Declaration of Michelle Scannell, #3 [Proposed] Order Granting Ex Parte Motion, #4 Certificate of Service)(Munger, Lisa)
May 6, 2016 Opinion or Order Filing 132 ORDER GRANTING IN PART AND DENYING IN PART KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO COMPEL HAWAII LIFE FLIGHT'S COMPLIANCE WITH SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS re #64 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/6/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
May 3, 2016 Filing 131 Joinder re #78 Hawaii Life Flight Corporation's Memorandum in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s #64 MOTION to Compel Compliance with Subpoena for Production of Business Records filed by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael) Modified on 5/4/2016 (emt, ).
May 2, 2016 Filing 130 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. (Re Plaintiff Kaiser Foundation Health Plan, Inc.'s Ojbections and Responses to Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s First Request for Production of Documents and Things to Plaintiff Kaiser Foundation Health Plan, Inc. [Dated March 30, 2016]) (Munger, Lisa)
May 2, 2016 Filing 129 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Plaintiff Toby Sidlo's Supplemental Responses to Defendants' Discovery Requests) (Lilly, Michael)
April 29, 2016 Filing 128 Additional Exhibits to #100 Plaintiff's MOTION for Class Certification , 123 Order on Motion to Seal Document, Link,,,,,,,,,,,,,,,, filed by Toby Sidlo. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 14, #10 Exhibit 23, #11 Certificate of Service)(Lilly, Michael)
April 29, 2016 Filing 127 Additional Exhibits to 122 Order on Ex Parte Motion, Link,,,,,,,,,,,,,,,,,,,,,,,, 124 Link,,,, #67 Response in Opposition to Motion,, filed by Toby Sidlo. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 14, #11 Exhibit 21, #12 Certificate of Service)(Lilly, Michael)
April 29, 2016 Filing 126 CERTIFICATE OF SERVICE by Hawaii Life Flight Corporation [Re: Defendant Hawaii Life Flight Corporation's Response to Plaintiff Kaiser Foundation Health Plan, Inc.'s Request for Production of Documents to Defendant Hawaii Life Flight Corporation, Set One, Certificate of Service] (Lee, Orian)
April 29, 2016 Filing 125 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc. [Defendant Air Medical Resource Group, Inc.'s Response to Plaintiff Kaiser Foundation Health Plan, Inc.'s Request for Production to Defendant Air Medical Resource Group, Inc., Set One, Certificate of Service] (Lee, Orian)
April 29, 2016 Filing 124 EO: Regarding 122 , the Court AMENDS its prior order as follows: The Court DENIES Plaintiff's request to file under seal Exhibits 4, 5, and 6. Exhibit 4 contains information that Plaintiff has already disclosed in his Complaint. See ECF No. 1, paras. 13, 16. Plaintiff shall filed Exhibit 4 on the public docket no later than 4/29/2016. Exhibits 5 and 6 only contain a few lines of text that reflects personal identifiers. Plaintiff has already disclosed in his Complaint other information reflected in these Exhibits regarding the type and date of service that he received. Plaintiff shall redact the personal identifying information contained on page KFHP 000142 of Exhibit 5 and on each page of Exhibit 6 and shall file the redacted versions of Exhibits 5 and 6 on the public docket no later than 4/29/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2016 Filing 123 EO: The Court DENIES #101 Plaintiff's Ex Parte Motion For Leave to File Under Seal Exhibits 4-8, 10-12, 14, and 23 to Plaintiff's Motion for Class Certification. First, Plaintiff has failed to demonstrate good cause to file under seal Exhibit 4 and Exhibit 7 because these Exhibits contain information that Plaintiff has already disclosed in his Complaint. See ECF No. 1, paras. 13, 16. Second, Plaintiff has withdrawn his request as to Exhibits 8 and 10. See ECF No. #114 . Third, in his Reply, Plaintiff requests to file Exhibit 11 publicly. The only basis initially provided for filing this document under seal was that it was designated confidential by the producing party, which is insufficient pursuant to Local Rule 83.12(a). See ECF Nos. #101 , #110 . Third, Plaintiff has failed to demonstrate good cause to file under seal Exhibit 12, which does not contain any medical information or personal identifiers. Plaintiff shall file Exhibits 4, 7-8, and 10-12 on the public docket no later than 4/29/2016. Finally, Plaintiff has failed to demonstrate good cause to file under seal Exhibit 5, 6, 14, and 23, which only contain a few lines of text that reflects personal identifiers. Plaintiff has already disclosed in his Complaint other information reflected in these Exhibits regarding the type and date of service that he received. Plaintiff shall redact the personal identifying information contained on page KFHP 000142 of Exhibit 5, on each page of Exhibit 6, on page TS 000006 of Exhibit 14, and on pages HLF0239 - HLF0242 of Exhibit 23, and shall file the redacted versions of Exhibits 5, 6, 14 and 23 on the public docket no later than 4/29/2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2016 Filing 122 EO: The Court GRANTS IN PART and DENIES IN PART #68 Plaintiff's Ex Parte Motion For Leave to File Under Seal Exhibits 4-12, 14 and 21 to Plaintiffs Response Brief in Opposition to Defendant's Motion to Stay Case as follows:The Court DENIES Plaintiff's request to file under seal Exhibits 7, 8, 9, 10, 11, 12, 14, and 21. First, because Plaintiff has withdrawn his request as to Exhibits 8, 9, 11, and 14, see ECF No. #77 , Plaintiff shall file Exhibits 8, 9, 11, and 14 on the public docket no later than 4/29/2016. Second, Plaintiff has failed to demonstrate good cause to file under seal Exhibit 7, which contains information that Plaintiff has already disclosed in his complaint. See ECF No. #1 , paras. 13, 16. Plaintiff shall file Exhibit 7 on the public docket no later than 4/29/2016. Third, Plaintiff has also failed to demonstrate good cause to file under seal Exhibit 10. The only basis provided for filing this document under seal is that it was designated confidential by the producing party. See ECF Nos. #68 , #75 . This reason in insufficient pursuant to Local Rule 83.12(a). Plaintiff shall file Exhibit 10 on the public docket no later than 4/29/2016. Fourth, Plaintiff has also failed to demonstrate good cause to file under seal Exhibit 12, a four page document that only contains a few lines of text that reflects personal identifiers. Plaintiff shall redact the personal identifying information contained on page TS 000006 and shall file the redacted version of Exhibit 12 on the public docket no later than 4/29/2016. Finally, Plaintiff has failed to demonstrate good cause to file under seal Exhibit 21, a 134 page document that only contains a few lines of text that reflects personal identifiers on four pages. Plaintiff shall redact the personal identifying information contained on pages HLF0239 - HLF0242 and shall file the redacted version of Exhibit 21 on the public docket no later than 4/29/2016. The Court GRANTS Plaintiff's request to file under seal Exhibits 4, 5, and 6. Plaintiff has demonstrated good cause to file under seal Exhibits 4, 5, and 6, which contain confidential medical information. Pursuant to Local Rules 10.2(f) and 83.12, no later than 4/29/2016, Plaintiff must lodge copies of Exhibits 4, 5, and 6 in separate envelopes with a captioned cover sheet on each envelope that indicates the title of the document (e.g., Exhibit 4 to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case) and that the document is being submitted for filing under seal. Upon receipt, the Clerk's Office is directed to place under seal Exhibits 4, 5, and 6 to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case, Filed March 18, 2016. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 28, 2016 Filing 121 SECOND JOINT STIPULATION AND ORDER IN CONNECTION WITH QUALIFIED PROTECTIVE ORDER [DKT. NO. #39 . Signed by U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/28/2016. (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 27, 2016 Filing 120 NOTICE of Hearing on Motion: A hearing on #100 Plaintiff's Motion for Class Certification is set for 6/13/2016 at 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE RICHARD L. PUGLISI. The Court directs briefing as follows: opposition shall be filed no later than 5/17/2016; reply shall be filed no later than 5/27/2016. (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 27, 2016 Filing 119 NOTICE of Hearing on Motion: A hearing on #64 Motion to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records is set for 5/13/2016 at 10:00 AM in Courtroom 5 before MAGISTRATE JUDGE RICHARD L. PUGLISI. (agh)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 27, 2016 Filing 118 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Amended First Rule 30(b)(6) Deposition Notice of Kaiser Foundation Health Plan, Inc.; Appendix A; Exhibit A; Certificate of Service (Lautenbach, Andrew)
April 26, 2016 Filing 117 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure [Air Medical Resource Group, Inc.] (Munger, Lisa)
April 26, 2016 Filing 116 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re Notice of Taking Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure [Hawaii Life Flight Corporation] (Munger, Lisa)
April 26, 2016 Filing 115 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. re Notice of Taking Deposition Upon Oral Examination of Amee Sorenson (Munger, Lisa)
April 26, 2016 Filing 114 REPLY re #101 Ex Parte MOTION for Leave to File Under Seal Exhibits "4"-"8", "10"-"12", "14", and "23" to #100 Plaintiff's MOTION for Class Certification , #110 Memorandum in Opposition to Motion,, filed by Toby Sidlo. (Attachments: #1 Modified (Proposed) Ex Parte Order, #2 Certificate of Service)(Lilly, Michael)
April 26, 2016 Filing 113 CERTIFICATE OF SERVICE by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation [Re: Defendants Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s First Rule 30(b)(6) Deposition Notice of Kaiser Foundation Plan, Inc.; Appendix A; Certificate of Service (Lautenbach, Andrew)
April 22, 2016 Opinion or Order Filing 112 ORDER SETTING SETTLEMENT CONFERENCE - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 4/22/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 22, 2016 Filing 111 EO: The Final Pretrial Conference set for 11/29/2016 is CONTINUED to 11/30/2016 at 09:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 21, 2016 Filing 110 MEMORANDUM in Opposition re #101 Ex Parte MOTION for Leave to File Under Seal Exhibits "4"-"8", "10"-"12", "14", and "23" to #100 Plaintiff's MOTION for Class Certification filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting in Part and Denying in Part Ex Parte Motion for Leave to File Under Seal Exhibits 4-8, 10-12, 14 and 23 to Plaintiff's Motion for Class Certification, #3 Certificate of Service)(Munger, Lisa)
April 21, 2016 Filing 109 EO: An Order of Recusal [ECF No. 107] was filed on 4/20/2016 as to Magistrate Judge Kevin Chang. Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Compel [ECF No. 64] set for Court Hearing on 5/9/2016 before Magistrate Judge Kevin Chang has been vacated and Plaintiffs Motion for Class Certification [ECF No. 100] set for Court Hearing on 5/27/2016 before Magistrate Judge Kevin Chang has been vacated. The following listed Dates have been moved over to Magistrate Judge Richard Puglisi's Court Hearing Calendar-Settlement Conference-10/13/2016 and Final PreTrial Conference-11/29/2016. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 20, 2016 Filing 108 NOTICE of Case Reassignment: Please reflect Civil case numbers CV 15-00269 ACK-RLP and CV 16-00073 ACK-RLP on all further pleadings. Associated Cases: 1:15-cv-00269-ACK-RLP, 1:16-cv-00073-ACK-RLP (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 20, 2016 Opinion or Order Filing 107 ORDER OF RECUSAL - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 4/20/2016. MAGISTRATE JUDGE KEVIN S.C. CHANG recused. Case reassigned to MAGISTRATE JUDGE RICHARD L. PUGLISI for all further proceedings. Please reflect new civil case numbers CV 15-00269 ACK-RLP and CV 16-00073 ACK-RLP on all further filings . Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 19, 2016 Filing 106 EP: Status Conference held on 4/19/2016. Attorney Kathleen C. Slaught participated telephonically. Discussion Held as to Protective Orders, Depositions scheduled to take place this week. The present Trial Date of 1/10/2017 will remain on as with other Scheduling Deadlines as stated in the Rule 16 Scheduling Order [ECF No. 31] (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry
April 19, 2016 Filing 105 NOTICE of Hearing on Motion #100 Plaintiff's MOTION for Class Certification set for Court Hearing on 5/27/2016 at 10:00 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
April 15, 2016 Filing 104 EO: #64 Defendant Kaiser Foundation Health Plan, Inc.'s MOTION to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records set for Court Hearing on 4/20/2016 is hereby continued to 5/9/2016 at 09:30 AM in Courtroom 7 before MAGISTRATE JUDGE KEVIN S.C. CHANG. This is a Court Ordered continuance. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 14, 2016 Filing 103 Hawaii Life Flight Corporation's COUNTERCLAIM against Kaiser Foundation Health Plan, Inc.; Demand for Jury Trial; Exhibit 1; Certificate of Service against Kaiser Foundation Health Plan, Inc., COUNTERCLAIM Hawaii Life Flight Corporation's Counterclaim against Kaiser Foundation Health Plan, Inc.; Demand for Jury Trial; Exhibit 1; Certificate of Service against Kaiser Foundation Health Plan, Inc., filed by Hawaii Life Flight Corporation. (Attachments: #1 Jury Demand, #2 Exhibit 1, #3 Certificate of Service)(Lee, Orian) Modified on 4/15/2016 (emt, ).
April 14, 2016 Filing 102 Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s ANSWER to (Complaint filed in CV 16-00073 ACK-KSC): "Kaiser Foundation Health Plan, Inc.'s Complaint Against Hawaii Life Flight Corporation and Air Medical Resource Group, Inc., for Violation of 29 U.S.C. 1132(A)(3)" filed February 18, 2016 Complaint with Jury Demand Hawaii Life Flight Corporation and Air Medical Resource Group, Inc.'s Answer to "Kaiser Foundation Health Plan, Inc.'s Complaint Against Hawaii Life Flight Corporation and Air Medical Resource Group, Inc. for Violation of 29 U.S.C. 1132 (A)(3)" filed February 18, 2016; Demand for Trial by Jury; Certificate of Service by Air Medical Resource Group, Inc., Hawaii Life Flight Corporation. (Attachments: #1 Jury Demand, #2 Certificate of Service)(Lee, Orian) Modified on 4/15/2016 (emt, ).
April 14, 2016 Filing 101 Ex Parte MOTION for Leave to File Under Seal Exhibits "4"-"8", "10"-"12", "14" and "23" to #100 Plaintiff's MOTION for Class Certification Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of Michael A. Lilly, #2 Proposed Order, #3 Certificate of Service)(Lilly, Michael) Modified on 4/15/2016 (emt, ).
April 14, 2016 Filing 100 Plaintiff's MOTION for Class Certification Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Michael A. Lilly, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Certificate of Service)(Lilly, Michael) Modified on 4/15/2016 (emt, ).
April 13, 2016 Filing 99 NOTICE of Appearance by Christine A. Terada on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Terada, Christine)
April 12, 2016 Filing 98 Scheduling Conference Statement Hawaii Life Flight Corporation and Air Medical Resource Group Inc.'s Scheduling Conference Statement, Certificate of Service. (Attachments: #1 Certificate of Service)(Lee, Orian)
April 12, 2016 Filing 97 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [Re Discovery Propounded April 11, 2016] (Munger, Lisa)
April 11, 2016 Filing 96 EO: The Court filed under seal its Order Denying Defendants Motion to Stay (Order), as the Order quoted without redaction to sealed exhibits submitted along with Defendants Motion to Stay. On April 6, 2016, the Court issued a Minute Order directing the parties to file any objections to the unredacted quotations included in the Order by noon on Monday, April 11, 2016. ECF No. 83. No objection has been filed. Accordingly, the Order shall be unsealed. IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf) re #83 Link,,,, #82 Order - Written Order Following Oral Order on Motion,,,. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 8, 2016 Filing 95 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc. [re Defendant/Plaintiff Kaiser Foundation Health Plan Inc.'s First Amended Notice of Taking Deposition Upon Oral Examination of Toby Sidlo] (Munger, Lisa)
April 8, 2016 Filing 94 CERTIFICATE OF SERVICE by Toby Sidlo Plaintiffs Amended Notice Of Taking Deposition Upon Oral Examination - Shawn Mehta, V.P., Health Plan Service and Administration, Kaiser Permanente Hawaii Region (Lilly, Michael)
April 8, 2016 Filing 93 TRANSCRIPT of Proceedings DEFT. KAISER FOUNDATION HEALTH PLAN, INC.'S M/STAY CASE #54 held on 3/31/16 - before Judge ALAN C. KAY. Court Reporter Cynthia Fazio, Telephone number 808.541.2063. 90-Day Transcript Restriction: PACER access to filed transcripts is restricted for 90 days from the file date to permit redaction of personal identifiers. Citations to restricted transcripts in filed documents must be limited to those portions of the proceedings that are relevant and in need of judicial review. Attaching restricted transcripts, in their entirety, to filed documents should be limited to situations with specific need. Transcript may be viewed at the court public terminal or ordered through the Court Reporter before the deadline for Release of Transcript. Redaction Request due 4/26/2016. Redacted Transcript Deadline set for 5/6/2016. Release of Transcript Restriction set for 7/5/2016. (42 PP.) (cf@hid.uscourts.gov)
April 7, 2016 Filing 89 EO: Rule 16 Scheduling Conference that was set for 4/18/2016 in Cv No. 16-00073ACK-KSC is hereby vacated. Status Conference is set for 4/19/2016 at 9:30 a.m. before Magistrate Judge Kevin Chang. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 7, 2016 Filing 88 EO: Status Conference set for 4/19/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 6, 2016 Opinion or Order Filing 85 ORDER CONSOLIDATING CASES - Signed by JUDGE ALAN C KAY on 4/6/2016. "The parties are instructed to request a status conference with Magistrate Judge Kevin Chang. An entry shall be made in the docket of Civ. No. 16-00073 ACK-KSC indicating that all further filings relevant to Civ. No. 16-00073 ACK-KSC shall be filed only in Civ. No. 15-00269 ACK-KSC ." Associated Cases: 1:15-cv-00269-ACK-KSC, 1:16-cv-00073-ACK-KSC (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 6, 2016 Filing 84 REPLY re #64 MOTION to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance, #2 Declaration of Michelle Scannell, #3 Certificate of Service)(Munger, Lisa)
April 6, 2016 Filing 83 EO: The Court has filed under seal its Order Denying Defendants Motion to Stay (Order). The Court notifies the parties that on page 6 of the Order, the Court has quoted without redaction to sealed exhibits B, C, and E to Michelle Scannells Declaration submitted along with Defendants Motion to Stay.If the parties have any objections to the unredacted quotations included in the Order, they must file such objection by noon on Monday, April 11, 2016. If no objection is filed, the Court will unseal the order. If an objection is timely filed, the Court will then redact the aforesaid quoted language and unseal the order. IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf) re #54 MOTION to Stay , #82 Order - Written Order Following Oral Order on Motion,,,. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 6, 2016 Opinion or Order Filing 82 ORDER DENYING DEFENDANT'S MOTION TO STAY re #54 - Signed by JUDGE ALAN C KAY on 4/6/2016. (ATTACHMENT SEALED) UNSEALED: pursuant to #96 Minute Order (emt, )CERTIFICATE OF SERVICE A copy of this order shall be served to counsel for Plaintiff Toby Sidlo and Defendants Kaiser Permanente and Kaiser Foundation Health Plan, Inc. by first class mail at the addresses of record on April 7, 2016. (emt, ). Modified on 4/6/2016 -- Viewing of the order is restricted to "applicable parties". Counsel for Plaintiff Toby Sidlo and Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plan, Inc. may access the order electronically. NEF regenerated. (emt, ). Modified on 4/6/2016 -- Counsel for Non-Party Hawaii Life Flight Corporation may access this order electronically. NEF regenerated (emt, ). Modified on 4/11/2016 to unseal order; NEF regenerated (emt, ).
April 6, 2016 Filing 81 EO: After reviewing the letter briefs submitted by counsel dated 4/4/2016,the Court finds that the disputed discovery issues should be presented witha more complete record and thorough briefing by counsel. Therefore,these discovery disputes are not susceptible to the expedited discoveryprocess provided by Local Rule 37.1.(c). Counsel are reminded to (1)comply with Local Rule 37.1.(a) and (b) prior to filing of any motionsand (2) amend or supplement discovery responses and privilege logs for accuracy and completeness. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
April 5, 2016 Filing 80 Letter addressed to Judge Alan C. Kay from John Joseph Conway, Esq., dated April 1, 2016 Re: "Request for Assignment of Deadline to Submit Letter Briefs Regarding KFHP's Written Discovery to Plaintiff, and Plaintiff's Assertion of Privilege". (emt, )
March 31, 2016 Filing 79 EP: Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Stay Case #54 - Arguments.Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Stay Case #54 - Denied.Court to prepare a written order.Motion Hearing held on 3/31/2016 re #54 MOTION to Stay filed by Kaiser Foundation Health Plan, Inc.. (Court Reporter Cynthia Fazio.) (JUDGE ALAN C KAY)(tbf, )No COS issued for this docket entry
March 30, 2016 Filing 78 Hawaii Life Flight Corporation's MEMORANDUM in Opposition re #64 MOTION to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records Hawaii Life Flight Corporation's Memorandum in Opposition to Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Compel Compliance with Subpoena for Production of Business Records [Dkt. 64]; Declaration of Jesse Riddle; Declaration of Laura Kennedy; Exhibits 1-14; Certificate of Service filed by Hawaii Life Flight Corporation. (Attachments: #1 Declaration of Jesse Riddle, #2 Declaration of Laura Kennedy, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Certificate of Service)(Lautenbach, Andrew) Modified on 3/31/2016 (emt, ).
March 29, 2016 Filing 77 REPLY re #68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case, #75 Memorandum in Opposition to Motion,, filed by Toby Sidlo. (Attachments: #1 Modified (Proposed) Ex Parte Order, #2 Certificate of Service)(Lilly, Michael)
March 29, 2016 Filing 76 EO: Letter Briefs Re-Briefing on discovery issues are to be submitted by Monday, 4/4/2016 to chang_orders@hid.uscourts.gov. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 24, 2016 Filing 75 MEMORANDUM in Opposition re #68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting in Part and Denying in Part Ex Parte Motion for Leave to File Under Seal Exhibits "4"-"12," "14" and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case, #3 Certificate of Service)(Munger, Lisa)
March 24, 2016 Filing 74 REPLY re #54 MOTION to Stay filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Certificate of Compliance, #2 Declaration of Michelle Scannell, #3 Exhibit K - 3-17-16 Email from L. Kennedy to M. Scannell, #4 Certificate of Service)(Munger, Lisa)
March 23, 2016 Filing 73 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company re Notice of Taking Deposition Upon Oral Examination of Toby Sidlo (Munger, Lisa)
March 23, 2016 Filing 72 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Objection To Plaintiffs Notice of Taking Deposition Upon Oral Examination of Shawn Mehta (Munger, Lisa)
March 21, 2016 Filing 71 Submission of Original Declaration of John J. Conway in Support of #68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case . (Attachments: #1 Declaration of John J. Conway, #2 Certificate of Service)(Lilly, Michael) Modified on 3/22/2016 (emt, ).
March 21, 2016 Filing 70 Submission of Original Declaration of John J. Conway in Support of #67 Plaintiff's Response Brief in Opposition to Defendants' Motion to Stay Case, filed on March 18, 2016 . (Attachments: #1 Declaration John J. Conway, #2 Certificate of Service)(Lilly, Michael) Modified on 3/22/2016 (emt, ).
March 21, 2016 Filing 69 CERTIFICATE OF SERVICE by Toby Sidlo re #68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case (AMENDED) (Lilly, Michael)
March 21, 2016 ADVISORY ENTRY. Please be advised that the Declarations of John J. Conway included with docket entries #67 Response in Opposition to Motion to Stay Case and #68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case filed by Toby Sidlo does not contain scanned images of the signature. LR100.5.2. states "An electronically filed document requiring the original, wet signature of an individual other than the CM/ECF user, such as an affidavit or declaration, must contain the original or a scanned image of that individual's signature." The filing party may refile the Declarations of Mr. Conway, to include the scanned image of the signatures. In the alternative, Mr. Conway, using his own CM/ECF login and password may file the declarations. For e-filing purposes, please select the filing event, "Declaration" from the "Other Documents" filing category. Any resubmission should be submitted with a caption cover page, to include counsel identification, the case number and caption describing the submission. The resubmitted declarations may be "linked" to the underlying motions (docket entries #67 and #68 ). The filing party is further advised that the Certificate of Service included with docket entry #68 Ex Parte Motion for Leave to File Under Seal, states that parties were served electronically, through CM/ECF. Because this document was filed using a filing event from the "Ex Parte Filings" category, this entry is restricted to the court and filer only. The filing party may refile this document publically by selecting a filing event from the "Motions" category, or, in the alternative, may file an amended Certificate of Service. (emt, )
March 18, 2016 Filing 68 EX PARTE Motion for Leave to File Under Seal Exhibits "4" - "12", "14", and "21" to Plaintiff's Response Brief in Opposition to Defendant's Motion to Stay Case Michael A. Lilly appearing for Plaintiff Toby Sidlo (Attachments: #1 Declaration of John J. Conway III, #2 (Proposed) Order, #3 Certificate of Service)(Lilly, Michael)
March 18, 2016 Filing 67 RESPONSE in Opposition re #54 MOTION to Stay filed by Toby Sidlo. (Attachments: #1 Declaration of John J. Conway III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Certificate of Service)(Lilly, Michael)
March 16, 2016 Filing 66 CERTIFICATE OF SERVICE by Toby Sidlo (Plaintiffs Notice Of Taking Deposition Upon Oral Examination - Shawn Mehta, V.P., Health Plan Service and Administration, Kaiser Permanente Hawaii Region) (Lilly, Michael)
March 14, 2016 Filing 65 NOTICE of Hearing on Motion #64 Defendant Kaiser Foundation Health Plan, Inc.'s MOTION to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records set for Court Hearing on 4/20/2016 at 09:30 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. (lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
March 11, 2016 Filing 64 MOTION to Compel Hawaii Life Flight Inc.'s Compliance with Subpoena for Production of Business Records Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Certificate of Compliance, #3 Declaration of M. Scannell, #4 Exhibit A - 1-7-16 Ltr to Riddle, #5 Exhibit B - 1-11-16 Ltr from Riddle, #6 Exhibit C - 1-27-16 Ltr to Riddle, #7 Exhibit D - Email Chain, #8 Exhibit E - Subpoena Objection, #9 Exhibit F - 2-10-16 Email, #10 Exhibit G - 2-24-16 Chargemaster Email, #11 Certificate of Service)(Munger, Lisa)
March 8, 2016 Filing 92 (In light of the consolidation of cases on April 6, 2016 (see order, ECF No. #85 ), and for clerical purposes, the Letter Re Realtime Court Reporting Services (re Motion for Preliminary Injunction), filed on March 8, 2016, in member case, CV 16-00073 ACK-KSC, Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, is re-entered in the lead case, CV 15-00269 ACK-KSC, Sidlo v. Kaiser Permanente Insurance Company.) : Realtime Court Reporting Services Letter from Toni Fujinaga (emt, )
March 8, 2016 Filing 63 SEALED EXHIBIT:Submission of EXHIBIT I to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan Inc.'s MOTION to Stay - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Filing 62 SEALED EXHIBIT: Submission of EXHIBIT H to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan Inc.'s MOTION to Stay Case - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Filing 61 SEALED EXHIBIT: Submission of EXHIBIT E to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan Inc.'s MOTION to Stay Case - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Filing 60 SEALED EXHIBIT:Submission of EXHIBIT D to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan Inc.'s MOTION to Stay Case - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Filing 59 SEALED EXHIBIT:Submission of EXHIBIT C to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan, Inc.'s MOTION to Stay Case - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Filing 58 SEALED EXHIBIT: Submission of EXHIBIT B to the Declaration of Michelle Scannell in Support of #54 Defendant Kaiser Foundation Health Plan Inc.'s MOTION to Stay Case - filed by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. SEALED pursuant to ECF No. #57 Order (emt, ) (emt, ).
March 8, 2016 Opinion or Order Filing 57 ORDER GRANTING EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS B THROUGH E AND H THROUGH I TO THE DECLARATION OF MICHELLE SCANNELL IN SUPPORT OF DEFENDANT KAISER FOUNDATION HEALTH PLAN, INC.'S MOTION TO STAY CASE re #53 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 3/8/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 7, 2016 Filing 56 EO: On March 3, 2016, Defendant Kaiser Foundation Health Plan, Inc. (Kaiser) filed a Motion to Stay Case (Motion), ECF No. 54, while the Court considers Kaiser's Motion for Preliminary Injunction in related case Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, Civ. No. 16-00073 ACK-KSC. Pursuant to Local Rule 7.2(b), the Court elects to consider Kaiser's Motion on an expedited basis, and therefore directs that a hearing regarding the Motion shall take place on Thursday, March 31, 2016 at 11:00 a.m. Accordingly, the Court directs that any Opposition to the Motion be filed by noon on March 18, 2016, and that any Reply in support of the Motion be filed by noon on March 24, 2016.IT IS SO ORDERED. (JUDGE ALAN C. KAY) (tbf) #54 MOTION to Stay . Motion Hearing set for 3/31/2016 11:00 AM before JUDGE ALAN C KAY. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
March 3, 2016 Filing 91 (In light of the consolidation of cases on April 6, 2016 (see order, ECF No. #85 ), and for clerical purposes, the Request for Judicial Notice, filed by Kaiser Foundation Health Plan, Inc., on March 3, 2016, in member case, CV 16-00073 ACK-KSC, Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, is re-entered in the lead case, CV 15-00269 ACK-KSC, Sidlo v. Kaiser Permanente Insurance Company.) : REQUEST for Judicial Notice in Support of Plaintiff Kaiser Foundation Health Plan, Inc.'s Motion for Preliminary Injunction re #90 - by Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A, #3 Certificate of Service)(emt, )
March 3, 2016 Filing 90 (In light of the consolidation of cases on April 6, 2016 (see order, ECF No. #85 ), and for clerical purposes, the Motion for Preliminary Injunction, filed by Kaiser Foundation Health Plan, Inc., on March 3, 2016, in member case, CV 16-00073 ACK-KSC, Kaiser Foundation Health Plan, Inc. v. Hawaii Life Flight Corporation, is re-entered in the lead case, CV 15-00269 ACK-KSC, Sidlo v. Kaiser Permanente Insurance Company.) : Plaintiff Kaiser Foundation Health Plan, Inc.'s MOTION for Preliminary Injunction Lisa W. Munger, Gail Y. Cosgrove, Alana Peacott-Ricardos, Michelle M. Scannell, Kathleen Cahill Slaught appearing for Consol Plaintiff Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance Pursuant to LR 7.5, #3 Declaration of Michelle Scannell, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Declaration of May Goya, #8 Exhibit D, #9 Certificate of Service)(emt, )
March 3, 2016 Filing 55 REQUEST Judicial Notice in Support of KFHP Motion to Stay Case by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Memorandum of Points and Authorities, #2 Exhibit A - 1CC Complaint HLF v. Garton, #3 Certificate of Service)(Munger, Lisa)
March 3, 2016 Filing 54 MOTION to Stay Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Compliance, #3 Declaration of M. Scannell, #4 Exhibit A - 12-2-15 Ltr from Lilly to Mag. Judge Chang, #5 Exhibit B - Slip Sheet, #6 Exhibit C - Slip Sheet, #7 Exhibit D - Slip Sheet, #8 Exhibit E - Slip Sheet, #9 Exhibit F - KFHP 684, #10 Exhibit G - KFHP 701-704, #11 Exhibit H - Slip Sheet, #12 Exhibit I - Slip Sheet, #13 Exhibit J - HLF 123, #14 Certificate of Service)(Munger, Lisa)
March 3, 2016 Filing 53 Ex Parte MOTION Leave to File Under Seal Exhibits B through E and H through I to the Declaration of Michelle Scannell in Support of KFHP Motion to Stay Case Lisa W. Munger appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Declaration of Michelle Scannell, #2 [Proposed] Order Granting Ex Parte Motion for Leave to Seal, #3 Certificate of Service)(Munger, Lisa)
February 25, 2016 Filing 52 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Objections and Responses to Plaintiff's Discovery Dated January 12, 2016) (Munger, Lisa)
February 25, 2016 Filing 51 EO: A hearing date of 6/20/16 @ 10:00 a.m. is reserved dispositive motions. (JUDGE ALAN C KAY)(tbf, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
February 9, 2016 Filing 50 CERTIFICATE OF SERVICE by Toby Sidlo (Lilly, Michael)
January 19, 2016 Filing 49 CERTIFICATE OF SERVICE by Toby Sidlo (Re: Plaintiff's Supplemental Response to Defendants' Request for Admissions to Plaintiff (Lilly, Michael)
January 19, 2016 Filing 48 OBJECTION to Plaintiff Toby Sidlo's Subpoena to Produce Documents filed by Doe Defendants 1-50. (Attachments: #1 Exhibit A)(Paige, James)
January 12, 2016 Filing 47 CERTIFICATE OF SERVICE by Toby Sidlo (re: Plaintiff's various discovery requests and Notice of Taking Written Deposition) (Lilly, Michael)
January 11, 2016 Opinion or Order Filing 46 FIRST JOINT STIPULATION AND ORDER IN CONNECTION WITH QUALIFIED PROTECTIVE ORDER (DKT. NO. #39 ) - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 1/11/2016. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
December 18, 2015 Filing 45 NOTICE of Appearance by Lisa W. Munger on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Attachments: #1 Certificate of Service)(Munger, Lisa)
December 17, 2015 Filing 40 CERTIFICATE OF SERVICE by Toby Sidlo (re Plaintiff's Responses to Defendants' First Set of Discovery Requests) (Lilly, Michael)
December 14, 2015 Opinion or Order Filing 39 QUALIFIED PROTECTIVE ORDER; EXHIBIT "A". Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 12/14/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.
December 14, 2015 Filing 38 EO: After carefully reviewing the letters submitted by counsel dated December 2, 3 and 8, 2015, respectively, the court will sign and file the proposed qualified protective order submitted by defense counsel. (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
November 20, 2015 Filing 37 EP: Status Conference held on 11/20/2015. (Plaintiffs Counsel John J. Conway, III and Defendants Counsel Kathleen Slaught participated telephonically)Discussion Held. Letter Briefs due 12/2/2015 as to Protective Order. Counsel are also to attach their Orders as to the Protective Order when submitting their Letter Briefs. Counsel would like to have a Court Hearing as to a Dispositive Motion set for3/16/2016. (Will have to check with Judge Kay and his chambers to see if this date is available) Discussion regarding a Motion for Class Certification. The Rule 16 Scheduling Order, etc. will remain unchanged. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry
November 17, 2015 Filing 36 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plans Request for Admissions to Plaintiff Toby Sidlo, Set One dated November 16, 2015 (Peacott-Ricardos, Alana)
November 17, 2015 Filing 35 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plans Request for Production to Plaintiff Toby Sidlo, Set One dated November 16, 2015 (Peacott-Ricardos, Alana)
November 17, 2015 Filing 34 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Defendants Kaiser Permanente Insurance Company and Kaiser Foundation Health Plans Interrogatories to Plaintiff Toby Sidlo, Set One dated November 16, 2015 (Peacott-Ricardos, Alana)
October 30, 2015 Filing 33 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company Defendant Kaiser Foundation Health Plan's Initial Disclosure Statement and Defendant Kaiser Permanente Insurance Company's Initial Disclosure Statement (Peacott-Ricardos, Alana)
October 30, 2015 Filing 32 INITIAL DISCLOSURE by Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
October 20, 2015 Opinion or Order Filing 31 RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 10/20/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 19, 2015 Filing 30 EP:Rule 16 Scheduling Conference held on 10/19/2015. Non Jury Trial set for 1/10/2017 at 09:00 AM before JUDGE ALAN C KAY. Final Pretrial Conference set for 11/29/2016 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Settlement Conference set for 10/13/2016 at 10:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. Status Conference set for 11/20/2015 at 09:00 AM before MAGISTRATE JUDGE KEVIN S.C. CHANG. File Dispositive Motions by 8/10/2016. Discovery Deadline 11/10/2016. (Court Reporter None.) (MAGISTRATE JUDGE KEVIN S.C. CHANG)(lls, )No COS issued for this docket entry
October 15, 2015 Opinion or Order Filing 29 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO KATHLEEN CAHILL SLAUGHT re #25 , #28 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 10/15/2015. Motion terminated: #25 MOTION for Pro Hac Vice . Attorney Kathleen Cahill Slaught for Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company added. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
October 13, 2015 Filing 28 Application re #25 MOTION for Pro Hac Vice Filing fee $ 300, receipt number 0975-1617458. Amended. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Peacott-Ricardos, Alana)
October 13, 2015 Filing 27 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Lilly, Michael)
October 13, 2015 Filing 26 NOTICE by Toby Sidlo re #22 Report of Planning Meeting (Withdrawal) Toby Sidlo. (Attachments: #1 Certificate of Service)(Lilly, Michael)
October 13, 2015 ADVISORY ENTRY. Please be advised that the combined Declaration of Counsel and CM/ECF Application submitted with the #25 MOTION for Pro Hac Vice (of Kathleen Cahill Slaught, Esq.) filed by Kaiser Permanente Insurance Company, Kaiser Foundation Health Plan, Inc. does not fully answer Question 7, which states: "Full participation. I am requesting a waiver of the required CM/ECF training. I am a registered user of CM/ECF in the following Bankruptcy and/or District Court(s):" The filing party may submit an amended Motion to Appear Pro Hac Vice. For e-filing purposes, the filing party should select the docketing event "Application" from the "Other Documents" category and should "link" the Application to docket entry #25 Motion for Pro Hac Vice. Selecting the docketing event "Application" will NOT prompt the filing party to submit another payment. (emt, )
October 12, 2015 Filing 25 MOTION for Pro Hac Vice Filing fee $ 300, receipt number 0975-1617458.Alana Peacott-Ricardos appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Peacott-Ricardos, Alana)
October 9, 2015 Filing 24 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Peacott-Ricardos, Alana)
October 9, 2015 Filing 23 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Lilly, Michael)
October 9, 2015 Filing 22 REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Lilly, Michael)
September 11, 2015 Filing 21 Corporate Disclosure Statement by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company. (Peacott-Ricardos, Alana)
September 11, 2015 Filing 20 ANSWER to #1 Complaint ; Certificate of Service by Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company.(Peacott-Ricardos, Alana)
August 18, 2015 Filing 19 SUMMONS Returned Executed by Toby Sidlo. Kaiser Permanente Insurance Company served on 7/29/2015, answer due 9/11/2015. (Lilly, Michael)
August 17, 2015 Filing 18 NOTICE of Case Reassignment: Please reflect Civil Case Number CIV NO. 15-00269 ACK-KSC on all further filings. (eps )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
August 17, 2015 Opinion or Order Filing 17 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO MICHELLE M. SCANNELL re: #16 . Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/14/2015. (afc) ~ MICHELLE M. SCANNELL, ESQ. (Seyfarth Shaw LLP) added as attorney pro hac vice for defendants Kaiser Permanente Insurance Company AND Kaiser Foundation Health Plan, Inc. CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications. Participants not registered to receive electronic notifications will be served by first class mail on June 23, 2014.
August 14, 2015 Filing 16 MOTION for Pro Hac Vice Filing fee $ 300, receipt number 0975-1593074. (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Peacott-Ricardos, Alana)
August 10, 2015 Opinion or Order Filing 15 FIRST STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT AND ORDER. Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 8/10/2015. Defendants Kaiser Foundation Health Plan, Inc., and Kaiser Permanente Insurance Company answer due 9/11/2015. (afc)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 24, 2015 Filing 14 SUMMONS Returned Executed (Amended) by Toby Sidlo. Kaiser Foundation Health Plan, Inc. served on 7/24/2015, answer due 8/14/2015. (Lilly, Michael) Modified on 7/24/2015: Proof of Service amends docket entry no. #13 (afc).
July 23, 2015 Filing 13 SUMMONS Returned Executed by Toby Sidlo. Kaiser Foundation Health Plan, Inc. served on 7/17/2015, answer due 8/7/2015. (Lilly, Michael)
July 20, 2015 Opinion or Order Filing 12 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO JOHN J. CONWAY, III re #11 - Signed by MAGISTRATE JUDGE KEVIN S.C. CHANG on 7/20/2015. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
July 16, 2015 Filing 11 MOTION for Pro Hac Vice (John J. Conway, III) Filing fee $ 300, receipt number 0975-1579046. (Attachments: #1 Declaration of Counsel, #2 Proposed Order)(Lilly, Michael)
July 15, 2015 Filing 10 Summons Issued as to Kaiser Foundation Health Plan, Inc. (ecs, )
July 15, 2015 Filing 9 Summons Issued as to Kaiser Permanente Insurance Company. (ecs, )
July 15, 2015 Filing 8 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. (Attachments: #1 Consent: Election Form)(ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT.
July 15, 2015 Filing 7 CIVIL Waiver of Service Packet - Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure - (Attachments: #1 AO398 Notice of a Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of the Service of Summons)(ecs, )
July 15, 2015 Opinion or Order Filing 6 Order Setting Rule 16 Scheduling Conference for 09:00AM on 10/19/2015 before MAGISTRATE JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 7/15/2015. (Attachments: #1 Memorandum Re: Corporate Disclosure Statements)(ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry Modified on 7/15/2015 (ecs, ). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL.) THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT.
July 15, 2015 Filing 5 NOTICE of Case Assignment: Please reflect Civil case number CV 15-00269 KSC on all further filings. (ecs, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry.
July 15, 2015 Filing 4 Summons (Proposed) (Lilly, Michael)
July 15, 2015 Filing 3 Summons (Proposed) (Lilly, Michael)
July 15, 2015 Filing 2 CIVIL Cover Sheet by TOBY SIDLO. (Lilly, Michael)
July 15, 2015 Filing 1 COMPLAINT (Class Action) against All Defendants ( Filing fee $ 400 receipt number 0975-1578611.), filed by TOBY SIDLO. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lilly, Michael)

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Search for this case: Sidlo v. Kaiser Permanente Insurance Company
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Respondent: Air Ambulance Specialists, Inc.
Represented By: Jessica M. Wan
Represented By: Jordon Jun Kimura
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Plaintiff: Toby Sidlo
Represented By: Valerie M. Kato
Represented By: Michael A. Lilly
Represented By: John J. Conway, III
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Interested party: Insurance Commissioner, Department of Commerce and Consumer Affairs
Represented By: James C. Paige
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Defendant: Doe Defendants 1-50
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Defendant: Kaiser Permanente Insurance Company
Represented By: Christine A. Terada
Represented By: Moe Keshavarzi
Represented By: Michelle M. Scannell
Represented By: Alison H. Hong
Represented By: Alana Peacott-Ricardos
Represented By: Lisa W. Munger
Represented By: Gail Y. Cosgrove
Represented By: Kathleen Cahill Slaught
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Defendant: Kaiser Foundation Health Plan, Inc.
Represented By: Christine A. Terada
Represented By: Moe Keshavarzi
Represented By: Michelle M. Scannell
Represented By: Alison H. Hong
Represented By: Alana Peacott-Ricardos
Represented By: Lisa W. Munger
Represented By: Gail Y. Cosgrove
Represented By: Kathleen Cahill Slaught
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Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
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