Liberty Dialysis - Hawaii LLC v. Kaiser Foundation Health Plan, Inc. et al
Plaintiff: Liberty Dialysis - Hawaii LLC
Defendant: Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc.
Not Classified By Court: Keith Hunter
Case Number: 1:2017cv00318
Filed: July 7, 2017
Court: US District Court for the District of Hawaii
Office: Hawaii Office
County: Honolulu
Presiding Judge: WES REBER PORTER
Referring Judge: RICHARD L PUGLISI
2 Judge: J MICHAEL SEABRIGHT
Nature of Suit: Contract: Recovery Medicare
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2020 Filing 274 SEALED UNREDACTED PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S RESPONSE TO DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' OBJECTIONS TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART MOTION TO ENFORCE SETTLEMENT ON THE RECORD [FILED FEBRUARY 28, 2020 BY MAGISTRATE JUDGE WES REBER PORTER] re: #267 - filed by Liberty Dialysis - Hawaii LLC SEALED pursuant to Court Order ECF #273 Redacted Version filed at ECF #268 (Attachments: #1 Unredacted Exhibit 1, #2 Unredacted Exhibit 2) (jo)
April 15, 2020 Opinion or Order Filing 273 ORDER GRANTING PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF LIBERTY DIALYSIS-HAWAII LLC'S RESPONSE TO DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' OBJECTIONS TO FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART MOTION TO ENFORCE SETTLEMENT ON THE RECORD [FILED FEBRUARY 28, 2020 BY MAGISTRATE JUDGE WES REBER PORTER], AND (2) EXHIBITS "1" AND "2" ATTACHED THERETO re: #271 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/15/2020. (jo)
April 3, 2020 Filing 272 EO: On March 30, 2020, Liberty Dialysis-Hawaii filed a Motion to Seal. ECF No. #271 . The Motion was docketed on April 3, 2020; thus, Kaiser did not receive electronic service of the Motion until April 3, 2020. Kaiser is therefore granted leave to file its optional Response to the Motion to Seal by April 10, 2020. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
March 31, 2020 Filing 270 EO: On March 30, 2020, Kaiser filed a motion for leave to file a reply in connection with its objections to a pending findings and recommendation issued by Magistrate Judge Porter. See ECF No. #269 . The parties have fully briefed this matter and therefore, the motion is DENIED. After reviewing the filings, however, the court may request any further briefing it determines is necessary. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
March 30, 2020 Filing 271 Plaintiff Liberty Dialysis-Hawaii LLC's MOTION For Leave to File Under Seal Portions of (1) Liberty Dialysis-Hawaii LLC's Response To Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Objections to Findings and Recommendation To Grant In Part and Deny In Part Motion to Enforce Settlement on the Record [Filed February 28, 2020 By Magistrate Judge Wes Reber Porter], And (2) Exhibits "1" and "2" Attached Thereto; Declaration of Rex Y. Fujichaku; Certificate of Service re: #268 - filed by Liberty Dialysis-Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 (Proposed) Unredacted Response To Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Objections to Findings and Recommendation To Grant In Part and Deny In Part Motion to Enforce Settlement on the Record, #3 (Proposed) Exhibit 1, #4 (Proposed) Exhibit 2, #5 Certificate of Service) (jo)
March 30, 2020 Filing 269 MOTION for Leave to File a Reply to [ECF 268] LDHL Response to [ECF 267] Kaiser Objs to [ECF 266] Findings and Recommendations David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Declaration of Counsel [David Hoftiezer], #2 Exhibit A - [Proposed] Reply to ECF 268, #3 Certificate of Service)(Hoftiezer, David)
March 27, 2020 Filing 268 RESPONSE re #267 Objection,, PLAINTIFF LIBERTY DIALYSIS HAWAII LLCS RESPONSE TO DEFENDANTS KAISER HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS OBJECTIONS TO [ECF 266] FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART [ECF 237] MOTION TO ENFORCE SETTLEMENT ON THE RECORD [FILED FEBRUARY 28, 2020 BY MAGISTRATE JUDGE WES REBER PORTER] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Compliance, #5 Certificate of Service)(Fujichaku, Rex)
March 13, 2020 Filing 267 OBJECTION re #266 FINDINGS AND RECOMMENDATIONS re #237 MOTION for Settlement Plaintiff Liberty Dialysis-Hawaii., LLC's Motion to Enforce Settlement on the Record filed by Liberty Dialysis - Hawaii LLC filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of David J. Hoftiezer, #2 Declaration of Gail Y. Cosgrove, #3 Declaration of Emily J. Shapiro, #4 Certificate of Compliance, #5 Certificate of Service)(Hoftiezer, David)
February 28, 2020 Filing 266 FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION TO ENFORCE SETTLEMENT ON THE RECORD re #237 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/28/2020. (jo)
February 27, 2020 Opinion or Order Filing 265 ORDER DENYING DEFENDANTS' MOTION TO STRIKE PORTIONS OF PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT ON THE RECORD AND DENYING DEFENDANTS' MOTION TO SEAL EXHIBIT H THERETO re: #249 , #248 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 2/26/2020. (jo)
February 25, 2020 Filing 264 EP: Telephonic Status Conference held regarding counsel's request to continue the Hearing on Plaintiff Liberty Dialysis-Hawaii., LLCs Motion to Enforce Settlement on the Record (Doc #237 ).The Hearing set for 2/27/2020 is VACATED and Plaintiff Liberty Dialysis-Hawaii., LLCs Motion to Enforce Settlement on the Record (Doc #237 ) is TAKEN UNDER ADVISEMENT. (Court Reporter In chambers - not reported. 10:00 a.m. - 10:10 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
February 24, 2020 Filing 263 EO: A Telephonic Status Conference is set for 2/25/2020 at 10:00 AM before Magistrate Judge Wes Reber Porter. The Court will initiate the call. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
February 24, 2020 Filing 262 Letter from counsel requesting a continuance of the Hearing on the Motion to Enforce Settlement on the Record set for February 27, 2020. (agh)
February 21, 2020 Filing 261 EO: On 2/20/2020, Plaintiff filed #260 a Motion to Seal asking the Court to place under seal three documents that were previously filed on the public docket: Exhibit D to the Declaration of Counsel filed in support of Plaintiff's Motion to Enforce Settlement on the Record, ECF No. 237-6; the Declaration of Karen Vaughn filed in support of Plaintiff's Reply to its Motion to Enforce Settlement on the Record, ECF No. 252-5; and Exhibit A to the Declaration of Counsel filed in support of Plaintiff's Opposition to Defendants' Motion to Strike, ECF No. 253-2. There is a strong presumption in favor of public access to court records, and Defendants must demonstrate compelling reasons supported by specific factual findings to seal the material at issue. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Plaintiff states that it seeks to file the documents at issue under seal at the request of Defendants who assert that the documents at issue reveal individually identifiable health information. See ECF No. 260-1 at 4. Plaintiff states that it "disputes" the characterization of the material at issue and seeks to seal the documents "in an abundance of caution." See ECF No. #260 . Plaintiff does not provide any authority to show that the information that was not redacted is protected health information. The Court finds that Plaintiff's Motion to Seal does not meet the compelling reasons sufficient to satisfy the applicable stringent standard to seal court records. Plaintiff's Motion to Seal is DENIED without prejudice to the filing of a motion to seal that adequately sets forth the factual basis for sealing the material at issue and discusses how the applicable legal standard has been met. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
February 20, 2020 Filing 260 MOTION to Seal Document PLAINTIFFS ASSENTED-TO MOTION TO SEAL (1) DECLARATION OF KAREN VAUGHN IN SUPPORT OF PLAINTIFF LIBERTY DIALYSIS-HAWAII LLCS REPLY [ECF 252-5], FILED JANUARY 31, 2020, (2) EXHIBIT A TO THE DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF LIBERTY DIALYSIS-HAWAII LLCS OPPOSITION [ECF 253-2], FILED FEBRUARY 4, 2020, AND (3) EXHIBIT D TO THE DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF LIBERTY DIALYSIS-HAWAII LLCS MOTION TO ENFORCE SETTLEMENT ON THE RECORD [ECF 237-6], FILED JANUARY 14, 2020 [ECF 237] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit A-1 Redacted, #5 Exhibit D-1 Redacted, #6 Certificate of Service)(Fujichaku, Rex)
February 18, 2020 Filing 259 REPLY re #249 MOTION to Strike Portions of #237 LDHL Motion to Enforce Settlement on the Record filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel [David J. Hoftiezer], #2 Certificate of Service)(Hoftiezer, David)
February 14, 2020 Filing 258 RESPONSE re #256 Reply PLAINTIFF LIBERTY DIALYSIS-HAWAII LLCS RESPONSE TO DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS SUR-REPLY IN RESPONSE TO [ECF 252] PLAINTIFF LIBERTY DIALYSIS-HAWAII LLCS REPLY IN SUPPORT OF ITS MOTION TO ENFORCE SETTLEMENT ON THE RECORD, FILED DECEMBER 28, 2019 [ECF 237], FILED FEBRUARY 12, 2020 [ECF 256] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
February 13, 2020 Filing 257 EO: On 1/17/2020 Defendants filed a Motion to Seal asking the Court to place under seal the Declaration of Emily J. Shapiro, ECF No. 244-9, and Exhibit H attached thereto, ECF No. 244-10, which were filed in support of Defendants' Opposition to Plaintiff's Motion to Enforce Settlement. See ECF No. #245 . There is a strong presumption in favor of public access to court records, and Defendants must demonstrate compelling reasons supported by specific factual findings to seal the material at issue. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). As to the Shapiro Declaration, the only basis provided by Defendants to seal this documents is that it is "an incorrect iteration" that was "inadvertently filed on the public record" and that allowing the "incorrect version" to remain on the public docket "propagates that erroneous filing" and "creates the risk of confusion for those accessing the public record in the future." ECF No. #245 at 4-5. The Court finds that these reasons fall far short of the compelling reasons sufficient to satisfy the applicable stringent standard to seal court records. Defendants' request to seal the Shapiro Declaration is DENIED. As to Exhibit H, Defendants state that the version filed on the public docket did not contain the full and final redactions intended to protect Health Insurance Portability and Accountability Act (HIPPA) information. See ECF No. #245 at 5. Defendants state that Exhibit H "was potentially not adequately redacted." Id. Defendants do not state what specific information in Exhibit H is at issue and do not provide any authority to show that the information that was not redacted is protected health information. Defendants' request to seal Exhibit H is DENIED without prejudice to the filing of a second motion to seal that adequately sets forth the factual basis for sealing the material at issue and discusses how the applicable legal standard has been met. IT IS SO ORDERED. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
February 12, 2020 Filing 256 REPLY [REDACTED] Kaiser Sur-Reply to #252 LDHL Reply ISO #237 Motion to Enforce Settlement filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Hoftiezer, David)
February 10, 2020 Filing 255 EO: On 2/7/2020, Defendants filed a Motion to Strike, or in the Alternative Disregard, Portions of Plaintiff Liberty Dialysis - Hawaii LLC's Reply in Support of its Motion to Enforce Settlement on the Record (Motion), which asks the Court to strike portions of Plaintiff's Reply that Defendants argue contains new arguments and new evidence. See ECF No. 254. The upcoming hearing on Plaintiff's Motion to Enforce Settlement on the Record may require the Court to consider evidence if there are material facts in dispute as to the existence or terms of the settlement agreement. See Callie v. Near, 829 F.2d 888, 890 (9th Cir. 1987). The Court intends to make a finding after hearing all of the evidence and arguments from counsel. The Court therefore finds that it is inappropriate to decide at this time whether certain evidence should be stricken. Accordingly, Defendant's Motion is DENIED. To the extent Defendants wish to address the alleged new evidence and arguments raised in Plaintiff's Reply, Defendants may file a sur-reply no later than 2/12/2020. Plaintiff may file a response no later than 2/14/2020. As the Court previously ordered, the parties shall be prepared to present evidence at the hearing on Plaintiff's Motion to Enforce Settlement on 2/27/2020 as necessary. See ECF No. 238. (MAGISTRATE JUDGE WES REBER PORTER) (kr)
February 7, 2020 Filing 254 MOTION to Strike #252 Response in Support of Motion, Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Strike, or in the Alternative Disregard, Portions of #252 Plaintiff Liberty Dialysis - Hawaii LLC's Reply in Support of its Motion to Enforce Settlement on the Record, Filed December 28, 2019 [ECF 237] David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support, #2 Declaration of Counsel, #3 Certificate of Service)(Hoftiezer, David)
February 4, 2020 Filing 253 MEMORANDUM in Opposition re #249 MOTION to Strike Portions of #237 LDHL Motion to Enforce Settlement on the Record Filed January 21, 2020 [ECF 249] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Compliance, #5 Certificate of Service)(Fujichaku, Rex)
January 31, 2020 Filing 252 RESPONSE in Support re #237 MOTION for Settlement Plaintiff Liberty Dialysis-Hawaii., LLC's Motion to Enforce Settlement on the Record Filed December 28, 2019 [ECF 237] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Declaration of Karen Vaughn, #6 Certificate of Compliance, #7 Certificate of Service)(Fujichaku, Rex)
January 22, 2020 Filing 251 EO: Regarding #249 MOTION to Strike Portions of #237 LDHL Motion to Enforce Settlement on the Record the Court DIRECTS briefing as follows: any opposition shall be filed no later than 2/4/2020, reply shall be filed no later than 2/18/2020. Thereafter, the Court will determine whether to set a hearing or issue the appropriate order. (MAGISTRATE JUDGE WES REBER PORTER)(kr)
January 22, 2020 Filing 250 EO: Pursuant to Local Rule 5.2(c), any party who contends that any information related to #248 MOTION to Seal Document is not entitled to confidential treatment may file an opposition no later than seven (7) days after the filing of the motion. If the filing party has not already done so, they shall lodge with the Clerk's Office copies of each document that the party requests to file under seal (i.e., the memorandum and each exhibit must be in separate envelopes). Each document must be submitted in a separate envelope, with a caption page indicating the name of the document on the outside of each envelope.(MAGISTRATE JUDGE WES REBER PORTER)(kr)
January 21, 2020 Filing 249 MOTION to Strike Portions of #237 LDHL Motion to Enforce Settlement on the Record David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Kaiser Motion to Strike [REDACTED], #2 Declaration of Counsel [David J. Hoftiezer], #3 Exhibit A - PUBLIC Portion of 11-15-19 TOP re Settlement on the Record, #4 Exhibit B - SLIP SHEET [FUS] SEALED Portion of 11-15-19 TOP re Settlement on the Record, #5 Exhibit C - 12-31-19 Email from D. Hoftiezer to R. Fujichaku and R. Zaffrann, #6 Exhibit D - 1-3-20 Ltr from R. Zaffrann to D. Hoftiezer, #7 Exhibit E - 1-6-20 Ltr from D. Hoftiezer to R. Fujichaku and R. Zaffrann, #8 Exhibit F - 1-7-20 Ltr from R. Zaffrann to D. Hoftiezer, #9 Exhibit G - 1-9-20 Ltr from D. Hoftiezer to R. Fujichaku and R. Zaffrann, #10 Exhibit H - SLIP SHEET [FUS] Disclosed Confidential Communications, #11 Certificate of Compliance, #12 Certificate of Service)(Hoftiezer, David)
January 21, 2020 Filing 248 MOTION to Seal Document [Exhibit H to Kaiser's Motion to Strike Portions of LDHL Motion to Enforce Settlement on the Record] David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Kaiser Motion for Leave to Seal, #2 Declaration of Counsel [David J. Hoftiezer], #3 [Proposed] Order Granting Kaiser Motion to Seal, #4 Certificate of Service)(Hoftiezer, David)
January 21, 2020 Filing 247 EO: Pursuant to Local Rule 5.2(c), any party who contends that any information related to #245 Motion to Seal [ECF 244-9] Declaration of Emily J. Shapiro and [ECF 244-10] Exhibit H Attached Thereto in Support of #244 Defendants' Memorandum In Opposition To #237 Plaintiff's Motion to Enforce Settlement on the Record is not entitled to confidential treatment may file an opposition no later than seven (7) days after the filing of the motion.No later than 1/22/2020, Defendants shall submit the unredacted version of ECF No. 244-9, the Declaration of Emily J. Shapiro, which Defendants assert was an incorrect iteration of Ms. Shapiro's declaration inadvertently filed due to a clerical error, to the Court and shall serve a copy on Plaintiff. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
January 17, 2020 Filing 246 Errata re #244 Memorandum in Opposition to Motion,,, [244-9] Declaration of Emily J. Shapiro and [244-10] Exhibit H to Declaration of Emily J. Shapiro. (Attachments: #1 Declaration of Counsel [David J. Hoftiezer], #2 [Redacted] Declaration of Emily J. Shapiro, #3 [HIPAA Redacted] Exhibit H, #4 Certificate of Service)(Hoftiezer, David)
January 17, 2020 Filing 245 MOTION to Seal Document [ECF 244-9] Dec of E. Shapiro and [ECF 244-10] Exhibit H to Dec of E. Shapiro David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Declaration of Counsel [David J. Hoftiezer], #2 [Proposed] Order Granting Motion to Seal, #3 Certificate of Service)(Hoftiezer, David)
January 16, 2020 Filing 244 MEMORANDUM in Opposition re #237 MOTION for Settlement Plaintiff Liberty Dialysis-Hawaii., LLC's Motion to Enforce Settlement on the Record filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel [David Hoftiezer], #2 Exhibit A - 11-15-19 TOP [PUBLIC PORTION], #3 Exhibit Slip Sheet Ex. B - 11-15-19 [SEALED PORTION], #4 Exhibit C - 12-31-19 Email and Letter, #5 Exhibit D - 1-3-20 Letter, #6 Exhibit E - 1-9-20 Letter, #7 Exhibit F - 3-29-18 TOP, #8 Exhibit G - 8-22-19 TOP, #9 Declaration of E. Shapiro [Redacted], #10 Exhibit H - [Redacted] Overpayment Notices, #11 Declaration G. Sugai [Redacted], #12 Certificate of Service)(Hoftiezer, David)
January 15, 2020 Filing 243 EO: The Court has reviewed #241 Defendants' Motion to Continue Hearing and #242 Plaintiff's Opposition and finds that Defendants have established sufficient good cause to continue the hearing on #237 Plaintiff's Motion to Enforce Settlement from 2/14/2020 to 2/27/2020 at 10:00 a.m. in Courtroom 7. The briefing schedule previously set by the Court remains as ordered: response/opposition shall be filed by 1/16/2020; reply shall be filed by 1/31/2020. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
January 15, 2020 Filing 242 MEMORANDUM in Opposition re #241 MOTION TO CONTINUE HEARING ON PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION TO ENFORCE SETTLEMENT ON THE RECORD [ECF NO. 237] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
January 14, 2020 Filing 241 MOTION TO CONTINUE HEARING ON PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION TO ENFORCE SETTLEMENT ON THE RECORD [ECF NO. 237] David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Counsel [David J. Hoftiezer], #3 Exhibit A - PUBLIC Portion of 11-15-19 TOP re Settlement on the Record, #4 Exhibit B - SLIP SHEET [SEALED Portion of 11-15-19 TOP re Settlement on the Record, #5 Exhibit C - 1-9-20 Ltr from D. Hoftiezer to R. Fujichaku and R. Zaffrann, #6 Declaration of Emily Shapiro, #7 Certificate of Service)(Hoftiezer, David)
January 8, 2020 Filing 240 EO: On 1/7/2020, Plaintiff filed an Ex Parte Motion for Order Sealing Plaintiff's Motion to Enforce Settlement on the Record (Motion). See ECF No. #239 . Plaintiff asks the Court to place under seal its entire Motion to Enforce Settlement, which was filed on the public docket with redactions on 12/28/2019. Although the Court found good cause during the Settlement on the Record to place certain specific terms of the settlement under seal, Plaintiff's Motion fails to address whether the pending Motion to Enforce Settlement is dispositive for purposes of determining the applicable standard for sealing and fails to provide sufficient information to seal the entire filing regardless of the standard applied. Accordingly, Plaintiff's Motion is DENIED. Additionally, as detailed in Local Rule 5.2, motions to seal are not decided on an ex parte basis and any person can oppose a motion to seal. See LR5.2(c). Plaintiff's Motion was served on all parties as reflected on the Certificate of Service. See ECF No. 239-3. Accordingly, the Court disregards Plaintiff's use of the term "Ex Parte" in the title of Plaintiff's Motion, as it did not involve a "request... to the court without any notice to the other side." Mission Power Engineering Co. v. Continental Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). The Court DIRECTS the Clerk's Office to remove the ex parte designation on the Motion, ECF No. #239 . (MAGISTRATE JUDGE WES REBER PORTER)(agh)
January 7, 2020 Filing 239 EX PARTE Motion PLAINTIFF LIBERTY DIALYSIS HAWAII LLCS EX PARTE MOTION FOR ORDER SEALING PLAINTIFFS MOTION TO ENFORCE SETTLEMENT ON THE RECORD, FILED DECEMBER 28, 2019 [ECF 237] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Certificate of Service)(Fujichaku, Rex) Modified on 1/8/2020 pursuant to ECF 240 (jo)
December 30, 2019 Filing 238 NOTICE of Hearing on #237 Plaintiff's Motion to Enforce Settlement: Hearing set for 10:00 AM on 2/14/2020 in Courtroom 7 before Magistrate Judge Wes Reber Porter. The parties shall be prepared to present evidence at the Hearing as necessary. The Court directs briefing as follows: response/opposition shall be filed by 1/16/2020; reply shall be filed by 1/31/2020.(agh)
December 28, 2019 Filing 237 MOTION for Settlement Plaintiff Liberty Dialysis-Hawaii., LLC's Motion to Enforce Settlement on the Record Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert Zaffrann, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Declaration of Rex Y. Fujichaku, #8 Certificate of Service)(Fujichaku, Rex)
December 27, 2019 Filing 236 EO: On December 26, 2019, Plaintiff Liberty Dialysis - Hawaii LLC submitted a letter asking the Court to set a status conference regarding settlement. Defendants' counsel contacted the Court to state that it would also be submitting a letter regarding settlement. The Court declines to set a status conference regarding settlement and will not consider the arguments raised by the parties through informal letters. A Settlement on the Record was held on November 15, 2019, at which time the Court found that the parties had entered into a valid and enforceable settlement and vacated all dates based on that finding. See ECF No. 229. If the parties are unable to submit the appropriate dismissal documents to the district judge by January 10, 2020 as previously ordered, they shall file the necessary motion to enforce the settlement. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
December 19, 2019 Filing 235 TRANSCRIPT of Proceedings held on November 15,2019, before Judge Porter. PP. - 4 (Cahill, Jessica)
December 19, 2019 Filing 234 TRANSCRIPT of Proceedings held on November 15, 2019, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 10 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 1/6/2020. Redacted Transcript Deadline set for 1/16/2020. Release of Transcript Restriction set for 3/16/2020. (Cahill, Jessica)
November 15, 2019 Filing 233 SEALED EXHIBIT: Submission of EXHIBIT J to the Declaration of Counsel in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Enforce Orders Compelling Discovery by Plaintiff Liberty-Dialysis-Hawaii LLC (Dkt. Nos. #211 and 216 ) re #224 - filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. SEALED pursuant to ECF No. 228 Minute Order. (emt, )
November 15, 2019 Filing 232 SEALED EXHIBIT: Submission of EXHIBIT I to the Declaration of Counsel in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Enforce Orders Compelling Discovery by Plaintiff Liberty Dialysis-Hawaii LLC (Dkt. Nos. #211 and 216 ) re #224 - by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. SEALED pursuant to ECF No. 228 Minute Order. (emt, )
November 15, 2019 Filing 231 SEALED EXHIBIT: Submission of EXHIBIT H to the Declaration of Counsel in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Enforce Orders Compelling Discovery by Plaintiff Liberty-Dialysis-Hawaii LLC (Dkt. Nos. #211 and 216 re #224 ) - by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. SEALED pursuant to ECF No. 228 Minute Order. (emt, )
November 15, 2019 Filing 230 SEALED EXHIBIT : Submission of EXHIBIT D to the Declaration of Counsel in Support of Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion to Enforce Orders Compelling Discovery by Plaintiff Liberty Dialysis-Hawaii LLC (Dkt. Nos. #211 and 216 ) re #224 - filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. SEALED pursuant to ECF No. 228 Minute Order. (emt, )
November 15, 2019 Filing 229 EP: Settlement on the Record held. Counsel states the key terms on the record. SEALED [1:03 p.m. - 1:07 p.m.]The Court finds that the parties have entered into a valid and enforceable settlement.Stipulation for Dismissal shall be submitted to seabright_orders@hid.uscourts.gov by January 10, 2020. The parties shall submit a joint status letter to the court no later than January 3, 2020.All dates and deadlines, including trial, are VACATED. If either party requests a transcript of these proceedings, the sealed portion shall be unsealed for the limited purpose of preparing and providing a transcript. The sealed portion shall be resealed thereafter and a certified copy of the sealed transcript shall be filed pursuant to 28 U.S.C. 753(b) and remain sealed. The parties shall not disclose the sealed contents of any transcript of these proceedings to anyone other than the representatives of the parties directly concerned with this case. (Court Reporter FTR - C7. 1:02 p.m. - 1:13 p.m. ) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
November 14, 2019 Filing 228 EO: The Court has reviewed #223 Defendants' Ex Parte Motion to Seal Exhibits D, H, I, and J to the Declaration of Counsel and finds good cause to seal the materials at issue because these documents are materials that were produced in discovery that contain confidential information and are submitted in support of a non-dispositive discovery motion. See Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 2010). The Clerk's Office is directed to place under seal Exhibits D, H, I, and J to the Declaration of Counsel. Because Exhibits H, I, and J are discs with.xls files, the discs will be retained by the Court only for purposes of resolving the underlying discovery motion. No later than 7 days after the underlying discovery motion is resolved, the discs may be picked up from the Clerk's Office. If they are not retrieved, they will be destroyed. IT IS SO ORDERED. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
November 8, 2019 Filing 227 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Plaintiffs [Supplemental] Response to Defendants/Counterclaimants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Third Request for Answers to Interrogatories [Dated April 12, 2019] (dated 11/08/19) (Fujichaku, Rex)
November 5, 2019 Filing 226 EO: Defendants filed a Motion to Enforce Orders Compelling Discovery by Plaintiff on November 4, 2019. See ECF No. #224 . The Court DENIES Defendants' request to hear the Motion on an expedited basis. A hearing on the Motion is set for 12/13/2019 at 10:00 a.m. in Courtroom 7 before Magistrate Judge Wes Reber Porter. Opposition to the Motion shall be filed no later than 11/19/2019; reply no later than 12/3/2019. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
November 5, 2019 Filing 225 EO: Pursuant to Local Rule 5.2(c), any person who contends that any information related to Defendants' Ex Parte Motion to Seal Exhibits D, H, I and J to the Declaration of Counsel, ECF No. #223 , is not entitled to confidential treatment may file an opposition no later than 11/12/2019. As detailed in Local Rule 5.2, motions to seal are not decided on an ex parte basis and any person can oppose a motion to seal. See LR5.2(c). Defendants' Motion was properly filed on the public docket, as required by Local Rule 5.2(c), and was served on all parties as reflected on the Certificate of Service. See ECF No. 223-3. Accordingly, the Court disregards Defendants' use of the term "Ex Parte" in the title of Defendants' Motion, as it did not involve a "request... to the court without any notice to the other side." Mission Power Engineering Co. v. Continental Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995). (MAGISTRATE JUDGE WES REBER PORTER)(agh)
November 4, 2019 Filing 224 MOTION to Enforce Orders Compelling Discovery by Plaintiff Liberty Dialysis re #211 Order - Written Order Following Oral Order on Motion,,,, David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum, #2 Declaration of Counsel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Certificate of Compliance, #15 Certificate of Service)(Hoftiezer, David)
November 4, 2019 Filing 223 Ex Parte MOTION , MOTION for Leave to File Under Seal Exhibits D, H, I and J to the Declaration of Counsel in Support of Kaiser Motion to Enforce Orders Compelling Discovery by Plaintiff David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Declaration of Counsel [David J. Hoftiezer], #2 [Proposed] Order Granting EPM to Seal Exhibits D, H, I and J to the Dec of Counsel ISO Kaiser Mtn to Enforce Orders Compelling Discovery by Plaintiff, #3 Certificate of Service)(Hoftiezer, David)
November 4, 2019 Filing 222 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiff Liberty Dialysis-Hawaii LLCs: (1) Notice of Deposition of Brett Butler (dated November 1, 2019); (2) Notice of Deposition of Haley Hsieh (dated November 1, 2019); (3) Notice of Deposition of Sean Killeen (dated November 1, 2019); and (4) Amended Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) (dated November 1, 2019) (Hamada, Sasha)
November 1, 2019 Filing 220 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Verified Third Supplemental Responses to LDHL 2RAI (No. 22)] (Hoftiezer, David)
October 30, 2019 Filing 219 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Second Amended Notice of Taking Videotaped Deposition Upon Oral Examination Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure - Liberty Dialysis - Hawaii LLC - Friday, November 15, 2019 at 9:00 a.m.] (Hoftiezer, David)
October 3, 2019 Opinion or Order Filing 218 ORDER AS TO LETTER BRIEFS SUBMITTED ON SEPTEMBER 27, 2019 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/3/2019. (jo)
October 3, 2019 Filing 217 RESPONSE re #215 First MOTION for Extension of Time to File Response/Reply as to #211 Order - Written Order Following Oral Order on Motion,,,, PLAINTIFFS FIRST MOTION FOR EXTENSION OF TIME TO PRODUCE ELECTRONIC DISCOVERY PURSUANT TO ORDER REGARDING DISCOVERY L filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service)(Hoftiezer, David)
October 2, 2019 Filing 216 EO: Finding good cause in support thereof, the Court GRANTS #215 Plaintiff's First Motion For Extension Of Time To Produce Electronic Discovery Pursuant To Order Regarding Discovery Letter Briefs ECF 211. Plaintiff's deadline to produce electronic documents in compliance with the Court's prior order is CONTINUED to October 22, 2019. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
October 1, 2019 Filing 215 First MOTION for Extension of Time to File Response/Reply as to #211 Order PLAINTIFFS FIRST MOTION FOR EXTENSION OF TIME TO PRODUCE ELECTRONIC DISCOVERY PURSUANT TO ORDER REGARDING DISCOVERY LETTER BRIEFS [ECF 211] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Certificate Pursuant to Fed. R. Civ. P. 26 & Local Rule 37.1(b), #3 Certificate of Service)(Fujichaku, Rex)
September 13, 2019 Filing 214 EO: Because the appeal of the prior discovery order has been resolved, see ECF No. #213 , the Court directs the parties to confer regarding whether any disputes remain related to compliance with the prior discovery order no later than 9/20/2019. If any disputes remain, the parties shall submit letter briefs, no more than eight pages single-spaces to porter_orders@hid.uscourts.gov no later than 9/27/2019. Thereafter, the Court will set a discovery conference or issue the appropriate order. (MAGISTRATE JUDGE WES REBER PORTER)(agh)
September 12, 2019 Opinion or Order Filing 213 ORDER (1) AFFIRMING MAGISTRATE JUDGE'S ORDER AS TO THREE DISCOVERY MOTIONS, ECF NO. #182 ; AND (2) DENYING PLAINTIFF'S REQUEST FOR PRE-TRIAL CONFERENCE AND MOTION TO CONVERT TRIAL DATE TO ASSESSMENT OF DAMAGES HEARING AND TO SET ISSUES TO BE TRIED, ECF NO. #177 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/12/2019. "For the reasons set forth above, the court AFFIRMS the Discovery Order, ECF No. 182, and DENIES Plaintiff's Motion for Damages Hearing, ECF No. 177. The parties are directed to meet and confer in an effort to agree on the issues that remain for trial. If they are unable to agree, they may seek the court's assistance by new motion." (jo)
September 5, 2019 Filing 212 TRANSCRIPT of Proceedings held on August 22, 2019, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 55 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 9/23/2019. Redacted Transcript Deadline set for 10/3/2019. Release of Transcript Restriction set for 12/2/2019. (Cahill, Jessica)
September 3, 2019 Opinion or Order Filing 211 ORDER REGARDING DISCOVERY LETTER BRIEFS - Signed by MAGISTRATE JUDGE WES REBER PORTER on 9/3/2019. "The Court GRANTS Kaiser's request to compel Liberty to produce further documents in response to Kaiser's Third Requests for Production of Documents and Interrogatories as follows: no later than 10/1/2019, Liberty shall 15 (1) produce emails responsive to Request for Production of Documents Nos. 29 and 30 or shall supplement its discovery responses indicating that no such emails exist; (2) produce emails responsive to Request for Production of Documents No. 28 and Interrogatory No. 12 or shall supplement its discovery responses indicating that no such emails exist; and (3) produce documents, including emails and other ESI, responsive to Request for Production of Documents Nos. 31 and 32 or shall supplement its discovery responses indicating that no such documents exist. The Court DENIES Kaiser's remaining requests to compel further responses to Kaiser's Third Requests for Production of Documents and Interrogatories." (jo)
August 23, 2019 Filing 210 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser Verified Second Supplemental Responses to LDHL 2RAI (No. 22)] (Cosgrove, Gail)
August 22, 2019 Opinion or Order Filing 209 THIRD AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/22/2019. (jo)
August 22, 2019 Filing 208 EP: Discovery Hearing held regarding letter briefs requesting expedited discovery assistance. The Court will issue a written order. Status Conference regarding trial setting held. A Third Amended Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial is set for 09:00 AM on 4/28/2020 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 3/16/2020 at 10:00 AM in Chambers of Magistrate Judge Wes Reber Porter before MAGISTRATE JUDGE WES REBER PORTER. Discovery due by 2/28/2020. (Court Reporter FTR - C7. 9:00 a.m. - 10:10 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
August 14, 2019 Opinion or Order Filing 207 JOINT STIPULATION REGARDING EXTENSION OF SCHEDULING ORDER DEADLINES - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/14/2019. (jo)
August 12, 2019 Filing 206 REPLY re #189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re #182 Order on Motion for Protective Order,,,,, Order on Motion to Compel,,,,,,,,, Reply in Support of Appeal from Magistrate's Order as to Three Discovery Motions [ECF no. 182] Entered July 1, 2019 and Request for Clarification re Summary Judgment Order [ECF No. 73] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit I, #3 Exhibit J, #4 Certificate of Service)(Hoftiezer, David)
August 12, 2019 Filing 205 REPLY re #177 Request, Plaintiff's Reply in Support of Its L.R. 16.4 Request for Pre-Trial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing and to Set Issues to be Tried, Filed June 16, 2019 [ECF 177] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Certificate of Compliance, #11 Certificate of Service)(Fujichaku, Rex)
August 2, 2019 Filing 204 RESPONSE re #198 Statement, Defendants' Response to Plaintiff's Statement of Remaining Issues to be Tried filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Certificate of Service)(Hoftiezer, David)
August 2, 2019 Filing 203 MEMORANDUM in Opposition to Plaintiff's L.R. 16.4 Request for Pre-Trial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing and to Set Issues to be Tried #177 filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Certificate of Service)(Hoftiezer, David)
August 2, 2019 Filing 202 MEMORANDUM re #189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re #182 Order on Motion for Protective Order,,,,, Order on Motion to Compel,,,,,,,,, Plaintiff Liberty Dialysis-Hawaii LLC's Opposition to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Appeal from Magistrates Order as to Three Discovery Motions [Dkt. No. 182] Entered July 1, 2019 and Request for Clarification Regarding Summary Judgment Order [Dkt. No. 73] (ECF 189) filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichjaku, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Certificate of Compliance, #7 Certificate of Service)(Fujichaku, Rex)
July 31, 2019 Filing 201 EO: In light of the pending appeal of the prior discovery order, the Court will not address the merits of the parties' letter briefs regarding the Court's prior discovery order at the Discovery Hearing set for 8/22/2019 before Magistrate Judge Wes Reber Porter. The Court will set a hearing or further briefing as appropriate after the pending appeal is resolved. See ECF Nos. #189 , #194 . (MAGISTRATE JUDGE WES REBER PORTER) (agh)
July 29, 2019 Filing 200 EO: A Discovery Hearing on the parties' letter briefs requesting expedited discovery assistance and the parties' letter briefs regarding the Court's prior discovery order is set for 8/22/2019 at 9:00 a.m. in Courtroom 7 Before Magistrate Judge Wes Reber Porter. The Final Pretrial Conference before Magistrate Judge Wes Reber Porter set for 8/20/2019 is vacated and will reset at Status Conference following the Discovery Hearing on 8/22/2019. (MAGISTRATE JUDGE WES REBER PORTER)(agh)
July 25, 2019 Filing 199 EO: Based on Defendants' request and agreement by Plaintiff, the Status Conference to reset the trial date set for 7/29/2019 is CONTINUED to 8/22/2019 at 9:00 AM in the Chambers of Magistrate Judge Wes Reber Porter. Counsel wishing to appear by telephone shall contact Magistrate Judge Porter's Courtroom Manager at 808-541-3087 to provide a telephone number where they can be reached. No later than 8/19/2019 the parties shall submit letters to the Court by email (porter_order@hid.uscourts.gov) regarding the proposed new trial date and other dates that need to be reset (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
July 23, 2019 Filing 198 STATEMENT Plaintiff Liberty Dialysis - Hawaii LLCs Statement of Remaining Issues To Be Tried filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Certificate of Service)(Fujichaku, Rex)
July 23, 2019 Filing 197 TRANSCRIPT of Proceedings STATUS CONF held on 7/18/19, before Judge J. MICHAEL SEABRIGHT. Court Reporter - Cynthia Fazio, Telephone number - (808)541-2063, Email Address - cf@hid.uscourts.gov. PP. - 15 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 8/12/2019. Redacted Transcript Deadline set for 8/20/2019. Release of Transcript Restriction set for 10/18/2019.
July 23, 2019 Filing 196 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals Second Supplemental Disclosures Pursuant to FRCP 26(a)(1) (Wagner, Wayne)
July 19, 2019 Filing 195 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiff Liberty Dialysis-Hawaii LLCs (1) Notice of Deposition of Alika Gomes (dated July 18, 2019); (2) Notice of Deposition of June Kaleponi (dated July 18, 2019); (3) Notice of Deposition of Haley Hsieh (dated July 18, 2019); (4) Notice of Deposition of Sean Killeen (dated July 18, 2019); and (5) Amended Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) (dated July 18, 2019) (Hamada, Sasha)
July 18, 2019 Filing 194 EP: Status Conference re: #177 Plaintiff's L.R. 16.4 Request for Pretrial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing and To Set Issues to be Tried and #189 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Appeal from Magistrate's Order as to Three Discovery Motions [Dkt. No. 182] Entered July 1, 2019 and Request for Clarification re Summary Judgment Order [Dkt. No. 73].Discussion held.By 7/23/2019, Plaintiff to file a statement as to the remaining issues pending for trial.The briefing schedule on #177 Plaintiff's L.R. 16.4 Request for Pretrial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing and To Set Issues to be Tried and #189 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Appeal from Magistrate's Order as to Three Discovery Motions [Dkt. No. 182] Entered July 1, 2019 and Request for Clarification re Summary Judgment Order [Dkt. No. 73] is as follows:Oppositions to be filed simultaneously by 8/2/2019.Replies to be filed simultaneously by 8/12/2019. (Court Reporter Cynthia Fazio) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(tyk)
July 18, 2019 Filing 193 EO: A Status Conference to reset the trial date is set for 7/29/2019 at 9:45 AM in the Chambers of Magistrate Judge Wes Reber Porter. Counsel wishing to appear by telephone shall contact Magistrate Judge Porter's Courtroom Manager at 808-541-3087 to provide a telephone number where they can be reached. No later than 7/25/2019 the parties shall submit letters to the Court by email (porter_order@hid.uscourts.gov) regarding the proposed new trial date and other dates that need to be reset. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
July 18, 2019 Filing 192 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [1st Amended Ntc of Taking 30(b)(6) VDUOE of Desig. Rep. of LDHL] (Wagner, Wayne)
July 18, 2019 Filing 191 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [1st Amended Ntc of Taking VDUOE of K. Hollowell, S. Nottingham and R. Warren] (Wagner, Wayne)
July 12, 2019 Opinion or Order Filing 190 ORDER GRANTING PLAINTIFF LIBERTY DIALYSIS - HAWAII LLC'S MOTION FOR AN ORDER EXTENDING TIME TO DISCLOSE EXPERT REPORTS re: #179 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/12/2019. The Court GRANTS Plaintiff Liberty Dialysis-Hawaii, LLC's Motion For An Order Extending Time To Disclose Expert Reports as follows: Plaintiff's Expert Witness Disclosures deadline is extended to August 15, 2019; Defendants' Expert Witness Disclosures deadline is extended to September 16, 2019. (jo)
July 11, 2019 Filing 189 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re #182 Order on Motion for Protective Order,,,,, Order on Motion to Compel,,,,,,,,, (Attachments: #1 Memorandum in Support, #2 Declaration of Counsel, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Certificate of Service)(Hoftiezer, David)
July 11, 2019 Opinion or Order Filing 188 ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ADAM M. SANTEUSANIO re: #186 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/11/2019. ADAM M. SANTEUSANIO, ESQ. (Law Firm: Duane Morris LLP) added as attorney Pro Hac Vice for Plaintiff (jo)
July 11, 2019 Filing 187 TRANSCRIPT of Proceedings held on June 21, 2019, before Judge Porter. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)298-8633,Email Address - maukele@hawaii.rr.com. PP. - 71 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 7/29/2019. Redacted Transcript Deadline set for 8/8/2019. Release of Transcript Restriction set for 10/7/2019. (Cahill, Jessica)
July 11, 2019 Filing 186 MOTION for Pro Hac Vice for Adam M. Santeusanio Filing fee $ 300, receipt number 0975-2230571.Margery S. Bronster appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Counsel (A Santeusanio), #2 Order Granting Motion to Appear Pro Hac Vice)(Bronster, Margery)
July 10, 2019 Filing 185 REPLY re #179 MOTION for Extension of Time to File Expert Reports filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Certificate of Service)(Fujichaku, Rex)
July 5, 2019 Filing 184 STATEMENT re #179 MOTION for Extension of Time to File Expert Reports and Opposition in Part filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Certificate of Service)(Wagner, Wayne)
July 2, 2019 Filing 183 EO: The court will hold a status conference on July 18, 2019 at 9:00 a.m. regarding Plaintiff's L.R. 16.4 Request for Pre-Trial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing etc. ("Motion to Convert"), ECF No. #177 . At the conference, the court will discuss whether further briefing is necessary on Plaintiff's Motion to Convert (that is, no further briefing will be accepted before the conference). The parties should be prepared to discuss how the July 1, 2019 Order as to Three Discovery Motions, ECF No. #182 , may impact the Motion to Convert. Status Conference is set for 07/18/2019 at 09:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh)
July 1, 2019 Opinion or Order Filing 182 ORDER AS TO THREE DISCOVERY MOTIONS, ECF NOS. #146 , #154 , AND #169 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 7/1/2019. "As discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion for Protective Order Regarding Plaintiff Liberty Dialysis-Hawaii Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) [Dated March 15, 2019], ECF No. 146. The Court GRANTS Plaintiff Liberty Dialysis-Hawaii, LLC's Motion to Compel Discovery, ECF No. 154. The Court GRANTS IN PART AND DENIES IN PART Plaintiff Liberty Dialysis-Hawaii, LLC's Motion For Protective Order On Defendants' Notice Of Deposition To Plaintiff Pursuant To Rule 30(b)(6), ECF No. 169. IT IS SO ORDERED." (jo)
June 27, 2019 Filing 181 EO: Plaintiff filed its #179 Motion for an Order Extending Time to Disclose Expert Reports on 6/26/2019. Pursuant to Local Rule 7.2(b), the Court DIRECTS briefing on the Motion as follows: any opposition shall be filed no later than 7/5/2019; reply shall be filed no later than 7/10/2019. Thereafter, the Court will determine whether to set a hearing on the Motion. (MAGISTRATE JUDGE WES REBER PORTER)(agh)
June 26, 2019 Filing 180 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC [Re: (1) Preliminary Expert Report on Value of Dialysis Claims prepared by Michael Heil (dated June 25, 2019); and (2) Preliminary Report of Plaintiffs Expert Bradley Orelowitz, CPA (dated June 26, 2019)] (Fujichaku, Rex)
June 26, 2019 Filing 179 MOTION for Extension of Time to File Expert Reports Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Fujichaku, Rex)
June 21, 2019 Filing 178 EP: Motion Hearing/Discussion held on 6/21/2019. #146 DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' MOTION FOR PROTECTIVE ORDER REGARDING PLAINTIFF LIBERTY DIALYSIS-HAWAII is TAKEN UNDER ADVISEMENT. #154 PLAINTIFF LIBERTY DIALYSIS-HAWAII, LLC'S MOTION TO COMPEL DISCOVERY is TAKEN UNDER ADVISEMENT. #169 PLAINTIFF LIBERTY DIALYSIS-HAWAII, LLCS MOTION FOR PROTECTIVE ORDER ON DEFENDANTS' NOTICE OF DEPOSITION TO PLAINTIFF PURSUANT TO RULE 30(B)(6) is TAKEN UNDER ADVISEMENT. Court will issue a written order. Counsel to file a motion regarding Expert Witness Disclosures deadline. (Court Reporter FTR - C7. 10:04 a.m. - 11:41 a.m.) (MAGISTRATE JUDGE WES REBER PORTER)(mrf)
June 19, 2019 Filing 177 REQUEST Plaintiffs L.R. 16.4 Request for Pretrial Conference and Motion to Convert Trial Date to Assessment of Damages Hearing and to Set Issues by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert Zaffrann, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Certificate of Compliance, #9 Certificate of Service)(Fujichaku, Rex)
June 18, 2019 Filing 176 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals First Supplemental Disclosures Pursuant to FRCP 26(a)(1) (Wagner, Wayne)
June 17, 2019 Filing 175 Return of Service on Subpoena - Pankaj Bhanot, Director - DHS was served on June 10, 2019 (Munger, Lisa)
June 10, 2019 Filing 174 RESPONSE in Support re #169 MOTION for Protective Order on Defendants' Notice of Deposition to Plaintiff Pursuant to Rule 30(b)(6), Filed May 22, 2019 [ECF 169] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Compliance, #6 Certificate of Service)(Fujichaku, Rex)
June 7, 2019 Filing 173 STATUS REPORT [Joint Status Report of the Parties re Mediation] by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Munger, Lisa)
June 7, 2019 Filing 172 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser Ntc of Taking DUWQ of Pankaj Bhanot, Director of DHS] (Munger, Lisa)
June 3, 2019 Filing 171 MEMORANDUM in Opposition re #169 MOTION for Protective Order filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Wayne R. Wagner, #2 Exhibit A - Kaiser Ntc of Taking 30(b)(6) VDUOE of LDHL (d 4-26-19), #3 Exhibit B - 8-1-07 Letter Agreement, #4 Exhibit C - 8-29-18 TOP [Status Conference re LDHL Mtn to Compel], #5 Exhibit D - 1st Amd Complaint [CV #15-1-1357-07], #6 Exhibit E - Xerox MSJ Against Liberty [CV #15-1-1357-07], #7 Declaration of Lisa Woods Munger, #8 Exhibit F - 6-21-18 Ltr from L. Munger to R. Zaffrann and R. Fujichaku, #9 Exhibit G - 7-30-18 Ltr from L. Munger to R. Zaffrann and R. Fujichaku, #10 Exhibit H - 12-12-18 Email from L. Munger to R. Zaffrann, #11 Certificate of Service)(Wagner, Wayne)
May 23, 2019 Filing 170 NOTICE of Hearing on #169 Plaintiff's Motion for Protective Orders on Defendants' Notice of Deposition to Plaintiff Pursuant to Rule 30(b)(6): Motion Hearing set for 6/21/2019, at 10:00 a.m. in Courtroom 7 before Magistrate Judge Wes Reber Porter. The Court DIRECTS briefing as follows: Opposition shall be filed no later than 6/3/2019; Reply shall be filed no later than 6/10/2019. (agh)
May 22, 2019 Filing 169 MOTION for Protective Order Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert Zaffrann, #3 Exhibit A - Defs 30(b)(6) Depo Ntc of Liberty, #4 Exhibit B - Letter Agreement, #5 Exhibit C - Excerpts fr 08-29-18 Hrg Transcript, #6 Certificate Pursuant to FRCP 26 & LR 37.1(B), #7 Certificate of Service)(Fujichaku, Rex)
May 22, 2019 Filing 168 RESPONSE in Support re #154 MOTION to Compel Discovery filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit A - ECF 123, #3 Exhibit B - Excerpts fr 08-29-19 Hrg, #4 Exhibit C - Email String, #5 Exhibit D - Kaiser 3RPOD to Pltf, #6 Exhibit E - Kaiser 2RPOD to Pltf, #7 Certificate of Compliance, #8 Certificate of Service)(Fujichaku, Rex)
May 20, 2019 Filing 167 RESPONSE re #165 Reply,, Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Response to #165 Plaintiff Liberty Dialysis - Hawaii LLC's Sur-Reply re: Defendants' Motion for Protective Order Regarding Plaintiff's Rule 30(b)(6) Notice of Deposition filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Hoftiezer, David)
May 17, 2019 Filing 166 EO: Based on counsel's request and agreement, the Hearing on #146 Defendants' Motion for a Protective Order and #154 Plaintiff's Motion to Compel is CONTINUED from 6/14/2019 to 6/21/2019 at 10:00 a.m. in Courtroom 7 before Magistrate Judge Wes Reber Porter. The briefing schedules for these motions remain the same as previously set. (MAGISTRATE JUDGE WES REBER PORTER)(agh)
May 15, 2019 Filing 165 REPLY Plaintiff Liberty Dialysis-Hawaii LLCs Sur-Reply in Support of Its Memorandum in Opposition to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Motion for Protective Order Regarding Plaintiff Liberty Dialysis-Hawaii LLCs Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) [Dated March 15, 2019], Filed April 10, 2019 [ECF 146] (ECF 153) filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit A, #3 Certificate of Service)(Fujichaku, Rex)
May 15, 2019 Filing 164 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiffs Responses to Defendants/Counterclaimants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals: (1) Third Request for Answers to Interrogatories [Dated April 12, 2019] (dated 05/15/19); (2) Third Request for Production of Documents [Dated April 12, 2019] (dated 05/15/19); and (3) First Request for Admissions [Dated April 12, 2019] (dated 05/15/19) (Hamada, Sasha)
May 14, 2019 Filing 163 NOTICE of Hearing on #146 Defendants' Motion for a Protective Order and #154 Plaintiff's Motion to Compel: Motion Hearing set for 6/14/2019, at 10:00 a.m. in Courtroom 7 before Magistrate Judge Wes Reber Porter. The briefing schedules for these motions remain the same as previously set. ECF Nos. 155 , 162 .(agh)
May 13, 2019 Filing 162 EO: The Court GRANTS #161 Plaintiff's Motion for Leave to File Sur-Reply in Support of its Memorandum in Opposition to Defendants' Motion for Protective Order. Plaintiff may file its Sur-Reply no later than 5/15/2019. Defendants may file a response no later than 5/20/2019. (MAGISTRATE JUDGE WES REBER PORTER) (agh)
May 10, 2019 Filing 161 MOTION for Leave to File Sur-Reply in Support of Its Memorandum in Opposition to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Motion for Protective Order Regarding Plaintiff Liberty Dialysis-Hawaii LLCs Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(B)(6) [Dated March 15, 2019], Filed April 10, 2019 [ECF 146] (ECF 153) Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Rex Y. Fujichaku, #3 Exhibit A, #4 Certificate of Service)(Fujichaku, Rex)
May 8, 2019 Opinion or Order Filing 160 ORDER REASSIGNING MAGISTRATE JUDGE RICHARD L. PUGLISI'S REFERRED CIVIL CASES - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 5/8/2019. Case reassigned to MAGISTRATE JUDGE WES REBER PORTER for all further proceedings. MAGISTRATE JUDGE RICHARD L. PUGLISI no longer assigned to case. Please reflect new case number CV 17-00318 JMS-WRP on all further pleadings, EFFECTIVE 5/13/2019 . (emt, )
May 8, 2019 Filing 159 MEMORANDUM in Opposition re #154 MOTION to Compel Discovery filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Certificate of Service)(Hoftiezer, David)
May 8, 2019 Filing 158 REPLY re #146 MOTION for Protective Order Regarding Liberty Dialysis-Hawaii LLC's Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) [Dated March 15, 2019] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Counsel [David J. Hoftiezer], #2 Exhibit L - 4-19-19 Email from R. Zaffrann to L. Munger, #3 Exhibit M - LDHL [2 Amd] Ntc of Taking DUOE of Kaiser KOR, #4 Exhibit N - LDHL [2 Amd] Ntc of Taking DUOE of E. Shapiro, #5 Exhibit O - LDHL [2 Amd] Ntc of Taking DUOE G. Sugai, #6 Exhibit P - LDHL [2 Amd] Ntc of Taking DUOE of T. Song, #7 Certificate of Service)(Hoftiezer, David)
April 29, 2019 Filing 157 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Ntc of Taking 30(b)(6) VDUOE of Liberty Dialysis] (Hoftiezer, David)
April 29, 2019 Filing 156 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Ntc of Taking VDUOE of K. Hollowell, S. Nottingham and R. Warren] (Hoftiezer, David)
April 25, 2019 Filing 155 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #154 Plaintiff's Motion to Compel without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
April 24, 2019 Filing 154 MOTION to Compel Discovery Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Robert Zaffrann, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Certificate of Compliance Pursuant to Local Rule 37.1, #12 Certificate of Service)(Fujichaku, Rex)
April 24, 2019 Filing 153 MEMORANDUM in Opposition re #146 MOTION for Protective Order Regarding Liberty Dialysis-Hawaii LLC's Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) [Dated March 15, 2019] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert Zaffrann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Compliance, #8 Certificate of Service)(Fujichaku, Rex)
April 23, 2019 Filing 152 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiff Liberty Dialysis-Hawaii LLCs First Amended Notice of Taking Depositions Upon Oral Examination of: (1) the Keeper of Records, Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals (dated 04/23/19); (2) Garret Sugai (dated 04/23/19); (3) Tang Song (dated 04/23/19); and (4) Emily Shapiro (dated 04/23/19) (Fujichaku, Rex)
April 18, 2019 Filing 151 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiffs Objections and Responses to Defendants/ Counterclaimants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals: (1) Second Request for Answers to Interrogatories, Dated August 20, 2018 (dated April 18, 2019); and (2) Second Request for Production of Documents, Dated August 20, 2018 (dated April 18, 2019) (Fujichaku, Rex)
April 15, 2019 Filing 150 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser First Request for Admissions to Plaintiff LDHL] (Hoftiezer, David)
April 15, 2019 Filing 149 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser Third Request for Production of Documents to Plaintiff LDHL] (Hoftiezer, David)
April 15, 2019 Filing 148 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser Third Request for Answers to Interrogatories to Plaintiff LDHL] (Hoftiezer, David)
April 12, 2019 Filing 147 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #146 Defendants' Motion for Protective Order without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
April 10, 2019 Filing 146 MOTION for Protective Order Regarding Liberty Dialysis-Hawaii LLC's Notice of Deposition of Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals Pursuant to Rule 30(b)(6) [Dated March 15, 2019] David J. Hoftiezer appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support, #2 Declaration of Lisa Woods Munger, #3 Exhibit A, #4 Exhbiit B, #5 Exhibit C, #6 Exhibit D, #7 Declaration of David J. Hoftiezer, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Certificate of Compliance, #16 Certificate of Service)(Hoftiezer, David)
April 10, 2019 EO: The Court finds good cause to GRANT #145 the parties' joint request to extend the parties' expert disclosure deadlines as follows: Plaintiff's Expert Witness Disclosures deadline is extended from May 1, 2019, to June 26, 2019; Defendants' Expert Witness Disclosures deadline is extended from June 3, 2019, to July 29, 2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
April 9, 2019 Filing 145 Letter dated April 9, 2019, from Attorney Rex Y. Fujichaku to the Court regarding extension of expert disclosure deadlines (jo)
March 28, 2019 Filing 144 EO: The Court has reviewed the parties' correspondence regarding the mediation process and declines to set a status conference at this time. The Order Regarding Mediation, as amended, directs mediation to be conducted in Honolulu, Hawaii, no later than May 31, 2019. The Order also requires representatives with full settlement authority to attend the mediation in person, unless telephonic participation is pre-approved by the mediator. To the extent the parties are unable to resolve their dispute through the mediation process, the case will proceed to trial as set for October 1, 2019. IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
March 26, 2019 Filing 143 NOTICE of Appearance by David J. Hoftiezer on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Hoftiezer, David)
March 26, 2019 Filing 142 NOTICE of Appearance by Gail Y. Cosgrove on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Cosgrove, Gail)
March 13, 2019 EO: Based on the parties' second joint request, the Court AMENDS #126 the September 26, 2018 Order Regarding Mediation as follows: Mediation shall take place no later than May 31, 2019. The parties shall file a Joint Status Report regarding mediation no later than June 7, 2019. IT IS SO ORDERED. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (agh)
February 28, 2019 Filing 140 EO: Regarding #138 MINUTES and #139 SECOND AMENDED RULE 16 SCHEDULING ORDER, the following is amended: 11a. Plaintiff's Expert Witness Disclosures by May 1, 2019, 11b. Defendants' Expert Witness Disclosures by June 3, 2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)
February 28, 2019 Opinion or Order Filing 139 SECOND AMENDED RULE 16 SCHEDULING ORDER - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 2/27/2019. (jo)
February 27, 2019 Filing 138 EO: Based on the parties' request and agreement, and to allow parties sufficient time to continue to explore opportunities for meaningful settlement discussions and to complete necessary discovery in preparation for trial, the Court enters this second amended scheduling conference order. Jury Selection/Trial is set for 09:00 AM on 10/1/2019 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 8/20/2019 at 09:00 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Discovery due by 8/2/2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)
February 15, 2019 Filing 136 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser R&O to LDHL 2RFA dated 2-15-19] (Munger, Lisa)
February 15, 2019 Filing 135 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser R&O to LDHL 2RPOD dated 2-15-19] (Munger, Lisa)
February 15, 2019 Filing 134 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Kaiser R&O to LDHL 2RATI dated 2-15-19] (Munger, Lisa)
February 15, 2019 Filing 133 NOTICE of Appearance by Wayne R. Wagner on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Wagner, Wayne)
February 5, 2019 Filing 132 NOTICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals of Withdrawal of Christine A. Terada as Counsel for Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Munger, Lisa)
January 17, 2019 Filing 131 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC AMENDED CERTIFICATE OF SERVICE [Re: Plaintiff Liberty Dialysis Hawaii, LLCs: (1) First Set of Requests for Admissions, dated 01/16/19; (2) Second Set of Interrogatories, dated 01/16/19; and (3) Second Request for the Production of Documents, dated 01/16/19] (Fujichaku, Rex)
January 17, 2019 ADVISORY ENTRY- Incorrect Attorney Filer - Please be advised that the Certificate of Service document #130 was signed by an attorney other than the one identified as the e-filer. The name of the ECF User under whose login and password the document is being electronically filed must correspond to the signature of the attorney signing the ECF filed document. (See LR 100.4.4; LR l00.5.1). The filing party shall use its discretion should they feel the necessity to re-submit a corrected filing. (afc)
January 17, 2019 Filing 130 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiff Liberty Dialysis Hawaii, LLCs (1) First Set of Requests for Admissions, dated 01/16/19; (2) Second Set of Interrogatories, dated 01/16/19; and (3) Second Request for the Production of Documents, dated 01/16/19 (Fujichaku, Rex)
December 13, 2018 EO: Based on the parties' joint request, see ECF No. #129 , the Court AMENDS #126 the September 26, 2018 Order Regarding Mediation as follows: Mediation shall take place no later than March 31, 2019. The parties shall file a Joint Status Report regarding mediation no later than April 5, 2019. IT IS SO ORDERED.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
December 12, 2018 Filing 129 Letter to the Court from Attorney Rex Y. Fujichaku. (jo)
November 20, 2018 Opinion or Order Filing 128 AMENDED RULE 16 SCHEDULING ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 11/20/2018. (afc)
November 20, 2018 Filing 127 EO: Based on the parties' request and agreement, and to allow additional time for the parties to engage in mediation, the Court will issue an Amended Rule 16 Scheduling Order. Jury Selection/Trial is set for 09:00 AM on 6/25/2019 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 5/14/2019 at 09:00 AM in the Chambers of Magistrate Judge Richard L. Puglisi. Dispositive Motions filed by 1/11/2019. Discovery due by 5/3/2019. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
September 26, 2018 Opinion or Order Filing 126 ORDER REGARDING MEDIATION - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 9/26/2018. Keith Hunter added as mediator. Keith Hunter served by First Class Mail at Dispute Prevention & Resolution, Inc., 1003 Bishop Street, Pauahi Tower, Suite 1155, Honolulu, HI 96813 on September 26, 2018. Registered Participants of CM/ECF received this document electronically to the email addresses listed on the Notice of Electronic Filing (NEF). (emt, )
September 14, 2018 Filing 125 EO: Pursuant to #123 Order Denying Plaintiff's Motion to Compel Further Responses to Interrogatories and to Requests for Production of Documents and Directing Parties to Meet and Confer Regarding Discovery and Mediation, the parties have been engaged in discussions on reaching agreement on a mediator.Based on the agreement of the parties and finding good cause the Court extends the parties' deadline to submit a letter to the Court identifying an agreed-upon mediator from September 14, 2018, to no later than September 21, 2018. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(nab)
September 5, 2018 Filing 124 TRANSCRIPT of Proceedings held on August 29, 2018 (STATUS CONFERENCE RE PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND TO REQUEST FOR PRODUCTION OF DOCUMENTS) , before Judge Puglisi. Court Reporter/Transcriber - Jessica Cahill, Telephone number - (808)244-0776,Email Address - maukele@hawaii.rr.com. PP. - 30 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 9/24/2018. Redacted Transcript Deadline set for 10/3/2018. Release of Transcript Restriction set for 12/3/2018. (Cahill, Jessica) Modified on 9/6/2018 (emt, ).
August 29, 2018 Opinion or Order Filing 123 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND DIRECTING PARTIES TO MEET AND CONFER REGARDING DISCOVERY AND MEDIATION re: #86 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/29/2018. (afc) Status conference hearing held 8/29/2018. Minutes: ECF #122 .
August 29, 2018 Filing 122 EP: Status Conference/Discussion held. #86 PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND TO REQUESTS FOR PRODUCTION OF DOCUMENTS is DENIED. Court to prepare order. (Court Reporter FTR - C5) (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)
August 28, 2018 Filing 121 EO: The Status Conference set for 8/29/2018 at 09:30 AM will be in Courtroom 5 before MAGISTRATE JUDGE RICHARD L. PUGLISI. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(mrf)
August 23, 2018 Filing 120 REPLY re #116 Supplement, TO BRIEF [ECF 116] IN SUPPORT OF ITS MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND TO REQUESTS FOR PRODUCTION OF DOCUMENTS [ECF 86] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Robert C. Zaffrann, #2 Exhibit to Declaration of Robert C. Zaffrann, #3 Certificate of Service)(Zaffrann, Robert)
August 21, 2018 Filing 119 MEMORANDUM re #116 Supplement, filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Sean Killeen, #2 Declaration of Counsel [Lisa Woods Munger], #3 Exhibit 1 - 7-6-18 Ltr from L. Munger to R. Zaffrann and R. Fujichaku, #4 Certificate of Service)(Munger, Lisa)
August 21, 2018 Filing 118 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals Re Second Request for Answers to Interrogatories to Liberty Dialysis - Hawaii LLC, dated August 20, 2018 (Terada, Christine)
August 21, 2018 Filing 117 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals Re Second Request for Production of Documents to Liberty Dialysis - Hawaii LLC, dated August 20, 2018 (Terada, Christine)
August 16, 2018 Filing 116 SUPPLEMENT re #86 MOTION to Compel Further Responses to Interrogatories and to Requests for Production of Documents filed by Liberty Dialysis - Hawaii LLC by Liberty Dialysis - Hawaii LLC . (Attachments: #1 Declaration of Robert C. Zaffrann, #2 Exhibit A - Table Re Discovery, #3 Certificate of Service)(Fujichaku, Rex)
August 13, 2018 Filing 115 EO: The Court has reviewed #111 PLAINTIFF'S EX PARTE MOTION TO EXTEND EXPERT DISCLOSURE DEADLINE and #113 KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' MEMORANDUM IN RESPONSE and finds that good cause exists to amend #32 the Rule 16 Scheduling Order and extend the deadlines for expert disclosures as follows: plaintiffs shall comply with the expert disclosure requirements of Federal Rule of Civil Procedure 26(a)(2) by 10/29/2018; defendants shall comply by 11/29/2018. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
August 13, 2018 Filing 114 EO: A Status Conference is set for 8/29/2018 at 9:30 a.m. in the Chambers of Magistrate Judge Richard L. Puglisi. Pro hac vice counsel may appear by telephone and may contact chambers no later than 8/27/2018 at 808-541-1900 to provide a telephone where they may be reached.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
August 10, 2018 Filing 113 RESPONSE to Motion re #111 EX PARTE Motion to Extend Expert Disclosure Deadline filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
August 10, 2018 Filing 112 EO: The Court has reviewed the parties filings in #86 Plaintiff's Motion to Compel Further Responses to Interrogatories and to Requests for Production of Documents. It appears that after the Motion was filed, additional discovery was produced by Defendants. See ECF No. 98-3 ("I am providing you with the unlocked spreadsheets, as you requested. I am also providing you with raw data that supports the spreadsheets. As the data are voluminous, the e-mail transmitting this letter will include a link for downloading the documents."). Plaintiff does not address this supplemental production in its Reply, making it impossible for the Court to determine what discovery is still needed. The Court directs Plaintiff to file a supplemental brief addressing the documents provided by Defendants and whether that information was sufficient, or, if not, specify what additional discovery is needed. Plaintiff shall file its supplemental brief by 8/16/18, any opposition shall be filed by 8/21/18, reply shall be filed by 8/23/18. MAGISTRATE JUDGE RICHARD L. PUGLISI (nab)
August 9, 2018 Filing 111 EX PARTE Motion to Extend Expert Disclosure Deadline Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Suppport of Motion, #2 Declaration of Rex Y. Fujichaku, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Certificate of Service)(Fujichaku, Rex)
August 3, 2018 Filing 110 NOTICE of Withdrawal of Motion by Rex Y. Fujichaku on behalf of Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
August 2, 2018 Opinion or Order Filing 109 STIPULATION FOR DISMISSAL WITH PREJUDICE OF COUNT 1 OF THE COUNTERCLAIM AGAINST PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC [ECF NO. #27 ] AND ORDER. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/2/2018. (afc)
August 2, 2018 Filing 108 STIPULATION TO SEAL: (1) EXHIBIT 3 TO THE DECLARATION OF HALEY HSIEH IN SUPPORT OF CONCISE STATEMENT OF FACTS IN SUPPORT OF DEFENDANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' MOTION FOR SUMMARY JUDGMENT [DKT. NO. #43 ], (2) EXHIBIT D TO THE DECLARATION OF ROBERT C. ZAFFRANN IN SUPPORT OF PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS/COUNTER-CLAIMANTS' MOTION FOR LEAVE TO FILE FIRST AMENDED COUNTERCLAIM [ECF 81] [DKT. NO. #93 ], AND (3) EXHIBIT 2 TO THE DECLARATION OF ROBERT C. ZAFFRANN IN SUPPORT OF PLAINTIFF LIBERTY DIALYSIS-HAWAII LLC'S REPLY IN SUPPORT OF ITS MOTION TO COMPEL FURTHER RESPONSES TO INTERROGATORIES AND TO REQUESTS FOR PRODUCTION OF DOCUMENTS, FILED JULY 2, 2018 [ECF 86] [DKT. NO. #105 ].Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/1/2018. (afc)
July 31, 2018 Filing 107 RESPONSE in Support re #91 MOTION for Leave to File Supplemental Answer to Defendants/Counterclaimants' Counterclaim, Filed October 12, 2017 [ECF No. 27] , Filed July 3, 2018 [ECF No. 91] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Fujichaku, Rex)
July 31, 2018 Filing 106 NOTICE of Withdrawal of Motion [Withdrawal of #81 MOTION for Leave to File First Amended Counterclaim] by Lisa W. Munger on behalf of Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)Docket text entry modified on 7/31/2018 to include adding document number link to correlate to the underlying motion, ECF #81 . (afc).
July 26, 2018 Filing 105 RESPONSE in Support re #86 MOTION to Compel Further Responses to Interrogatories and to Requests for Production of Documents , Filed July 2, 2018 [ECF 86] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration Robert C. Zaffrann, #2 Declaration Rex Y. Fujichaku, #3 Exhibit 1, #4 Exhibit 2 (Exhibit 2 placed under SEAL pursuant to Stipulation and Order filed 8/2/2018 as ECF #108 , , #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Certificate of Compliance with LR 37.1, #10 Certificate of Compliance with LR 7.5(c) and (e), #11 Certificate of Service)(Fujichaku, Rex) Modified on 8/2/2018 re: SEALED notation (afc).
July 17, 2018 Filing 104 NOTICE by Liberty Dialysis - Hawaii LLC re #93 Memorandum in Opposition to Motion, Submission of Exhibit "C" to Plaintiff's Memorandum in Opposition to Defendants/Counterclaimants' Motion for Leave to File First Amended Counterclaim [ECF 81] [ECF 93] Pursuant to ECF 100 on behalf of Liberty Dialysis - Hawaii LLC. (Attachments: #1 Exhibit C, #2 Certificate of Service)(Fujichaku, Rex)
July 17, 2018 Filing 103 NOTICE by Liberty Dialysis - Hawaii LLC re #86 MOTION to Compel Further Responses to Interrogatories and to Requests for Production of Documents Submission of Exhibit "1" to Plaintiff Liberty Dialysis-Hawaii LLC's Motion to Compel Further Responses to Interrogatories and to Requests for Production of Documents [ECF 86] on behalf of Liberty Dialysis - Hawaii LLC. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Fujichaku, Rex)
July 17, 2018 Opinion or Order Filing 102 SECOND STIPULATION EXTENDING TIME RE BRIEFING SCHEDULE ON DEFENDANTS/COUNTERCLAIMANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' MOTION FOR LEAVE TO FILE FIRST AMENDED COUNTERCLAIM [ECF #81 ] AND ORDER. Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 7/17/2018. (afc) Defendants' reply in support of their Motion to Amend Counterclaim is due on or before August 2, 2018.
July 17, 2018 Filing 101 MEMORANDUM in Opposition re #91 MOTION for Leave to File Supplemental Answer to Defendants/Counterclaimants' Counterclaim, Filed October 12, 2017 [ECF No. 27] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
July 17, 2018 Filing 100 EO: Based on #94 Plaintiff's Ex Parte Motion for Leave to File Under Seal Exhibit "C" to Plaintiff's Memorandum in Opposition, or in the Alternative, to File Exhibit "C" Publicly, and #97 Defendants' Response, the Court GRANTS Plaintiff's request to publicly file the document at issue and DIRECTS Plaintiff to file such document on the public docket no later than 7/22/18. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(nab)
July 17, 2018 Filing 99 EO: Based on #87 Plaintiff's Ex Parte Motion for Leave to File Under Seal Exhibit "1" to Plaintiff's Motion to Compel, Filed June 29, 2018 [ECF No. 86], and #96 Defendants' Response, the Court GRANTS Plaintiff's request to publicly file the documents at issue and DIRECTS Plaintiff to file such document on the public docket no later than 7/22/18. (MAGISTRATE JUDGE RICHARD L. PUGLISI) (nab)
July 13, 2018 Filing 98 MEMORANDUM in Opposition re #86 MOTION to Compel Further Responses to Interrogatories and to Requests for Production of Documents filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Jane Brannen, #2 Declaration of Counsel [Lisa Woods Munger], #3 Exhibit A - 7-6-18 Ltr from L. Munger to R. Zaffrann and R. Fujichaku, #4 Exhibit B - 7-12-18 Ltr from R. Zaffrann to L. Munger, #5 Exhibit C - LDHL O&R to Kaiser 1RPOD, #6 Exhibit D - LDHL O&R to Kaiser 1ATI, #7 Certificate of Service)(Munger, Lisa)
July 9, 2018 Filing 97 RESPONSE re #94 EX PARTE Motion for Leave to File Under Seal Exhibit "C" to Plaintiff's Memorandum in Opposition to Defendants/Counterclaimants' Motion for Leave to File First Amended Counterclaim [ECF No. 93] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
July 9, 2018 Filing 96 RESPONSE re #87 EX PARTE Motion for Leave to File Under Seal Exhibit "1" to Plaintiff's Motion to Compel, Filed June 29, 2018 [ECF No. 86] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
July 6, 2018 Filing 95 EO: Pursuant to Local Rule 83.12(b), the Court treats #94 Plaintiff's Ex Parte Motion for Leave to File Under Seal Exhibit C to Plaintiff's Memorandum in Opposition to Defendants/Counterclaimants' Motion for Leave to File First Amended Counterclaim as a motion to file the matter publicly. Defendants shall have until 7/12/2018 to file and serve written objections, if any. If no written objections are filed within that period, Exhibit C shall be publicly filed.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
July 5, 2018 Filing 94 EX PARTE Motion for Leave to File Under Seal Exhibit "C" to Plaintiff's Memorandum in Opposition to Defendants/Counterclaimants' Motion for Leave to File First Amended Counterclaim [ECF No. 93] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration Rex Y. Fujichaku, #2 Exhibit 1, #3 Certificate of Service)(Fujichaku, Rex)
July 5, 2018 Filing 93 MEMORANDUM in Opposition re #81 MOTION for Leave to File First Amended Counterclaim [ECF 81] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration Robert C. Zaffrann, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (Exhibit D placed under SEAL pursuant to Stipulation and Order filed 8/2/2018 as ECF #108 , , #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Certificate of Compliance, #11 Certificate of Service)(Fujichaku, Rex) Modified on 8/2/2018 re: SEALED notation (afc).
July 5, 2018 Filing 92 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #91 Plaintiff's Motion for Leave to File Supplemental Answer without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
July 3, 2018 Filing 91 MOTION for Leave to File Supplemental Answer to Defendants/Counterclaimants' Counterclaim, Filed October 12, 2017 [ECF No. #27 ] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Rex Y. Fujichaku, #3 Exhibit 1, #4 Certificate of Service)(Fujichaku, Rex)
July 2, 2018 Filing 90 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC (Re: Plaintiff Liberty Dialysis Hawaii, LLCs Responses and Objections to Defendants/Counterclaimants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals: (1) First Request for Answer to Interrogatories; and (2) First Request for Production of Documents) (Fujichaku, Rex)
July 2, 2018 Filing 89 EO: Pursuant to Local Rule 83.12(b), the Court treats #87 PLAINTIFF'S EX PARTE MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBIT 1 TO PLAINTIFF'S MOTION TO COMPEL as a motion to file the matter publicly. Defendants shall have until 7/9/2018 to file and serve written objections, if any. If no written objections are filed within that period, Exhibit 1 shall be publicly filed.(MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
July 2, 2018 Filing 88 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #86 Motion to Compel Further Responses to Interrogatories and to Requests for Production of Documents without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
June 29, 2018 Filing 87 EX PARTE Motion for Leave to File Under Seal Exhibit "1" to Plaintiff's Motion to Compel, Filed June 29, 2018 [ECF No. 86] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit A, #3 Certificate of Service)(Fujichaku, Rex)
June 29, 2018 Filing 86 MOTION to Compel Further Responses to Interrogatories and to Requests for Production of Documents Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Rex Y. Fujichaku, #3 Exhibit (Exhibit 1 to be filed under SEAL), #4 Exhibit 1 (Marked as EXHIBIT 2), #5 Exhibit 2 (Marked as EXHIBIT 3), #6 Exhibit 3 (Marked as EXHIBIT 4), #7 Exhibit 4 (Marked as EXHIBIT 5), #8 Exhibit 5 Marked as EXHIBIT 6 , #9 Exhibit 6 (Marked as EXHIBIT 7), #10 Exhibit 7 (Marked as EXHIBIT 8), #11 Exhibit 8 (Certificate of Service))(Fujichaku, Rex) Docket text entry modified on 7/2/2018; NEF REGENERATED. (afc).
June 18, 2018 Filing 85 EO: Based on #84 the parties' Stipulation, #83 Plaintiff's Ex Parte Motion is deemed withdrawn. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh)
June 14, 2018 Filing 84 FIRST STIPULATION Extending Time Re: (1) Briefing Schedule On Defendants/Counter-Claimants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Motion For Leave To File First Amended Counterclaim; and (2)Plaintiff's Ex Parte Motion For Extension Of Time To Respond To Defendants/Counter-Claimants' Motion For Leave To File First Amended Counterclaim re: #81 #83 . Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 6/14/2018. (cib, )
June 8, 2018 Filing 83 EX PARTE Motion for Extension of Time to Respond to Defendants/Counterclaimants' Motion for Leave to File First Amended Counterclaim [ECF 81] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit 1 - RYF Email to Kaiser, #3 Certificate of Service)(Fujichaku, Rex)
June 5, 2018 Filing 82 EO: Pursuant to Local Rule 7.2(d), the Court elects to decide #81 DEFENDANTS/COUNTERCLAIMANTS KAISER FOUNDATION HEALTH PLAN, INC. AND KAISER FOUNDATION HOSPITALS' MOTION FOR LEAVE TO FILE FIRST AMENDED COUNTERCLAIM without a hearing. Briefing shall be in accordance with Local Rule 7.4. (MAGISTRATE JUDGE RICHARD L. PUGLISI)(agh )
June 4, 2018 Filing 81 MOTION for Leave to File First Amended Counterclaim; Memorandum In Support Of Motion; Declaration Of Michael Hasselle; Declaration of Counsel; Exhibit "A"; Certificate of Service. Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Counter Claimants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Michael Hasselle, #3 Declaration of Counsel, #4 Exhibit A, #5 Certificate of Service)(Munger, Lisa)
May 31, 2018 Filing 80 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re Kaiser's 1st Request for Production of Documents to Plaintiff (Terada, Christine)
May 31, 2018 Filing 79 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re Kaiser's 1st Request for Answers to Interrogatories to Plaintiff (Terada, Christine)
May 31, 2018 Filing 78 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re Kaiser's Response to Plaintiff's 1st Requests for Admissions (Terada, Christine)
May 31, 2018 Filing 77 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re Kaiser's Objections & Responses to Plaintiff's First Request for Production of Documents (Terada, Christine)
May 31, 2018 Filing 76 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals re Kaiser's Objections & Responses to Plaintiff's First Request for Answers to Interrogatories (Terada, Christine)
May 24, 2018 Opinion or Order Filing 75 STIPULATED QUALIFIED PROTECTIVE ORDER - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 5/24/2018. (emt, )
May 22, 2018 Filing 74 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC (Re: Plaintiff Liberty Dialysis-Hawaii LLC's First Set of Requests for Admission, Dated 05/22/18) (Fujichaku, Rex)
April 16, 2018 Opinion or Order Filing 73 ORDER (1) DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, ECF NO. #42 (2) GRANTING PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT, ECF NO. #50 (3) GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS COUNT I OF DEFENDANTS' COUNTERCLAIM, ECF NO. #34 , AND (4) DENYING PLAINTIFF'S MOTIONS TO STRIKE, ECF NOS. #48 , #63 ; APPENDIX "A" IT IS SO ORDERED. Signed by CHIEF JUDGE U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT on 4/13/2018. WRITTEN ORDER follows hearing held March 29, 2018. Minutes of hearing: ECF #67 . Related:Stipulation regarding Letter of Agreement: ECF #72 .
April 11, 2018 Filing 72 STIPULATION REGARDING LETTER OF AGREEMENT. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/11/2018. (afc)
April 9, 2018 Filing 71 EO: By separate Letters, ECF Nos. #69 , #70 , the parties have requested an extension of time to submit the stipulation discussed at the March 29, 2018 Motions hearing. The requests are GRANTED; the parties may submit the stipulation no later than April 10, 2018. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)
April 6, 2018 Filing 70 LETTER request for an extension of time to provide the Court with a stipulation re: reimbursement under the Agreement for Neighboring Islands Medicare Advantage Members.[Letter addressed to Chief Judge J. Michael Seabright from Lisa Woods Munger, Esq. on behalf of Kaiser Foundation Hospitals (Kaiser defendants)] (afc)
April 6, 2018 Filing 69 LETTER request for an extension of time to provide the Court with a stipulation re: reimbursement under the Agreement for Neighboring Islands Medicare Advantage Members. [Letter addressed to Chief Judge J. Michael Seabright from Margery S. Bronster, Esq. on behalf of plaintiff Liberty Dialysis - Hawaii LLC] (afc)
April 3, 2018 Filing 68 TRANSCRIPT of Proceedings various motions held on March 29, 2018, before Judge J. Michael Seabright. Court Reporter/Transcriber - Gloria T. Bediamol, Telephone number - 808-541-2060,Email Address - gloria_bediamol@hid.uscourts.gov. PP. - 45 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 4/23/2018. Redacted Transcript Deadline set for 5/1/2018. Release of Transcript Restriction set for 6/29/2018. pp. 45. (gb@hid.uscourts.gov)
March 29, 2018 Filing 67 EP: Hearing on Various Motions #34 , #42 , #48 , #50 , and #63 held.Oral arguments heard.Stipulation is due 4/6/2018.Court to issue a written order.(Court Reporter Gloria Bediamol.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(shm)
March 23, 2018 Filing 66 MEMORANDUM in Opposition re #63 MOTION to Strike the Declaration of Jane Brannen [ECF 60-2], Exhibits "1"-"4" [ECF 60-3 to 60-6], and "Additional Undisputed Facts" in Defendants' Concise Statement of Facts in Response to Plaintiff's Respo ; Certificate of Service filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Munger, Lisa)
March 16, 2018 Filing 65 EO: Plaintiff Liberty Dialysis -- Hawaii LLC, has filed a Motion to Strike, ECF No. #63 , certain documents Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals have included with their Concise Statement of Facts, ECF No. #60 , supporting their Reply in Response to Motion, ECF No. #59 , which addresses the parties' pending cross Motions for Summary Judgment. Plaintiff has also filed an Ex Parte Motion to Shorten Time to hear the Motion to Strike. ECF No. #64 . The Motion to Strike is hereby set for hearing at 11:00 a.m. on March 29, 2018, in conjunction with the Parties' Cross Motions for Summary Judgment and other matters. Defendants may file a response to the Motion to Strike by March 23, 2018. No Reply will be permitted. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rls, )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 15, 2018 Filing 64 Ex Parte MOTION to Shorten Time to hear Motion to Strike the Declaration of Jane Brannen [ECF 60-2], Exhibits "1"-"4" [ECF 60-3 to 60-6], and "Additional Undisputed Facts" in Defendants' Concise Statement of Facts in Response to Plaintiff's Response to Defendants Concise Staement of Facts and Counterstatement of Facts [ECF 60] Sasha A. Hamada appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Sasha A. Hamada, #2 Exhibit "1", #3 Order Granting Ex Parte Motion to Shorten Time for Hearing on Plaintiffs Motion to Strike the Declaration of Jane Brannen [ECF 60-2], Exhibits "1"-"4" [ECF 60-3 to 60-6], and "Additional Undisputed Facts" in Defendants' Concise Statement of Facts in Response to Plaintiff's Response to Defendants Concise Staement of Facts and Counterstatement of Facts [ECF 60], #4 Certificate of Service)(Hamada, Sasha) Docket text entry modified on 3/16/2018 (afc).
March 15, 2018 Filing 63 MOTION to Strike the Declaration of Jane Brannen [ECF 60-2], Exhibits "1"-"4" [ECF 60-3 to 60-6], and "Additional Undisputed Facts" in Defendants' Concise Statement of Facts in Response to Plaintiff's Response to Defendants Concise Staement of Facts and Counterstatement of Facts [ECF #60 ] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Rex Y. Fujichaku, #3 Exhibit "A", #4 Certificate of Service)(Fujichaku, Rex)
March 15, 2018 Filing 62 RESPONSE Plaintiff's Response to #60 Defendants' Counterstatement of Facts filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
March 15, 2018 Filing 61 RESPONSE in Support re #50 MOTION for Summary Judgment [PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF 42]; PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF PURSUANT TO FED. R. CIV. P. 56(d)] [ECF 50] filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Fujichaku, Rex)
March 8, 2018 Filing 60 CONCISE STATEMENT of Facts re #51 Concise Statement of Facts,, in Response to Plaintiff's Response to Defendants' Concise Statement of Facts [ECF 43] and Counterstatement of Facts filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Declaration of Jane Brannen, #3 Exhibit 1 - 6-17-16 Ltr from Kaiser to FMC Liberty re Overpayment, #4 Exhibit 2 - Medicare Benefit Policy Manual, #5 Exhibit 3 - New Bundled Prospective Payment System for End Stage Renal Disease, #6 Exhibit 4 - Consolidated Billing Edits, #7 Certificate of Service)(Munger, Lisa)
March 8, 2018 Filing 59 REPLY to Response to Motion re #50 MOTION for Summary Judgment [PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF 42]; PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF PURSUANT TO FED. R. CIV. P. 56(d)] filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Declaration of Lisa Woods Munger, #3 Certificate of Service)(Munger, Lisa)
March 8, 2018 Filing 58 MEMORANDUM in Opposition re #48 MOTION to Strike the Affidavit of Tang Song, Paragraphs 3, 5, 6, and 7 of the Affidavit of Haley Hsieh, and Exhibits 2, 3, and 4 to Haley Hsieh's Affidavit (Related ECF No. 42 and 43) filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
February 23, 2018 Filing 57 REPLY re #34 MOTION to Dismiss Count I of the Counterclaim, Filed October 12, 2017 [Dkt. 27] As Untimely filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Fujichaku, Rex)
February 23, 2018 Filing 56 EO: The court GRANTS Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospital's Motion for Extension of Time to file its Reply (1) in support of its Motion for Summary Judgment (ECF No. 42) and (2) in opposition to Plaintiff Liberty Dialysis -- Hawaii LLC's Cross-Motion for Summary Judgment or alternative Motion for Relief Pursuant to Fed. R. Civ. P. 56(d) (ECF No. 50). ECF No. #55 . Defendants' Reply is due March 8, 2018 and shall not exceed 30 pages or 9,000 words. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(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
February 23, 2018 Filing 55 Ex Parte MOTION for Extension of Time to File Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Reply in Response to Plaintiff's Opposition to Defendants' Motion for Summary Judgment [ECF 42] and to Exceed Page Limits Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Declaration of Lisa Woods Munger, #2 [Proposed] Order Granting Ex Parte Motion for Extension, #3 Certificate of Service)(Munger, Lisa)
February 22, 2018 Filing 54 NOTICE of Hearing on Motion #50 Plaintiff's Cross-Motion for Summary Judgment or, in the Alternative, Motion for Relief Pursuant to Fed. R. Civ. P. 56(d):Motion Hearing is set for 3/29/2018 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (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.
February 22, 2018 Filing 53 EO: Plaintiff has filed a Motion to Strike certain documents supporting Defendants' Motion for Summary Judgment, ECF No. #48 , and an Ex Parte Motion to Shorten Time for Hearing on the Motion to Strike, ECF No. #49 . The Ex Parte Motion to Shorten Time is DENIED, and Plaintiff's Motion to Strike is set for hearing March 29, 2018 at 11:00 a.m., to be heard in conjunction with Defendants' Motion for Summary Judgment, ECF No. #42 , and Plaintiff's Motion to Dismiss Count I of the Counterclaim, ECF No. #34 . (CHIEF JUDGE J. MICHAEL SEABRIGHT)(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
February 20, 2018 Filing 52 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Amended Certificate of Service Re: Plaintiff's First Request for Answers to Interrogatories to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals, Inc.; and (2) Plaintiff's First Request for Production of Documents to Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals, Inc. (Fujichaku, Rex)
February 16, 2018 Filing 51 CONCISE STATEMENT of Facts re #50 MOTION for Summary Judgment [PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF 42]; PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF PURSUANT TO FED. R. CIV. P. 56(d)], #43 Concise Statement of Facts,, (PLAINTIFF'S RESPONSE TO DEFENDANTS' CONCISE STATEMENT OF FACTS [ECF 43] AND COUNTERSTATEMENT OF FACTS [ECF 50]) filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit "A" Discovery Requests, #3 Certificate of Compliance, #4 Certificate of Service)(Fujichaku, Rex)
February 16, 2018 Filing 50 MOTION for Summary Judgment [PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [ECF #42 ]; PLAINTIFFS CROSS-MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTION FOR RELIEF PURSUANT TO FED. R. CIV. P. 56(d)] Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Certificate of Compliance, #2 Certificate of Service)(Fujichaku, Rex)
February 16, 2018 Filing 49 Ex Parte MOTION to Shorten Time to hear Motion re #48 MOTION to Strike the Affidavit of Tang Song, Paragraphs 3, 5, 6, and 7 of the Affidavit of Haley Hsieh, and Exhibits 2, 3, and 4 to Haley Hsieh's Affidavit (Related ECF No. 42 and 43) Sasha A. Hamada appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Sasha A. Hamada, #2 Exhibit "1", #3 proposed Order, #4 Certificate of Service)(Hamada, Sasha)
February 16, 2018 Filing 48 MOTION to Strike the Affidavit of Tang Song, Paragraphs 3, 5, 6, and 7 of the Affidavit of Haley Hsieh, and Exhibits 2, 3, and 4 to Haley Hsieh's Affidavit (Related ECF No. 42 and 43) Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum, #2 Exhibit "A", #3 Certificate of Service)(Fujichaku, Rex)
February 16, 2018 Filing 47 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: First Request for: (1) Answers to Interrogatories to Kaiser Defendants; and (2) Production of Documents to Kaiser Defendants (Hamada, Sasha)
February 2, 2018 Filing 46 EO: By letter dated February 2, 2018, Plaintiff seeks a continuance of the February 26, 2018 hearing on the parties' two pending motions. ECF No. #45 . Plaintiff states that Defendants do not oppose this request. For the reasons set forth in the letter and for good cause, the hearing is continued to March 29, 2018, at 11:00 a.m. The briefing schedule is continued as follows: Oppositions are due February 16, 2018, and Replies are due February 23, 2018. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(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
February 2, 2018 Filing 45 LETTER request for a continuance of the hearing on Motions scheduled for 2/26/2018. [Motion to Dismiss, ECF #34 and M/SJ, ECF #42 ]. [Letter dated 2/2/2018 addressed to Chief Judge J. Michael Seabright from Margery S. Bronster, on behalf of Plaintiff Liberty-Dialysis Hawaii LLC] (afc)
December 27, 2017 Filing 44 EO: Defendants' Motion for Summary Judgment, ECF No. #42 , is set for hearing on February 26, 2018 at 9:00 a.m. before Chief Judge J. Michael Seabright. Plaintiff's Motion to Dismiss Count I of the Counterclaim, ECF No. #34 , which is currently set for hearing on January 16, 2018, is CONTINUED to February 26, 2018 at 9:00 a.m. to be heard in conjunction with Defendants' Motion for Summary Judgment. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(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
December 26, 2017 Filing 43 CONCISE STATEMENT of Facts re #42 MOTION for Summary Judgment filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Compliance Per LR 7.5, #2 Declaration Tang Song, #3 Declaration Haley Hsieh, #4 Exhibit 1 - Kaiser Ltr of Agreement with Liberty Dialysis, #5 Exhibit 2 - 2016-06-17 Ltr from Kaiser to FMC Liberty, #6 Exhibit 3 - 2012-01-30 Ltr from KP to M. Caputo (Exhibit 3 placed under SEAL pursuant to Stipulation and Order filed 8/2/2018 as ECF #108 , #7 Exhibit 4 - 2012-10-04 Ltr from KP to M. Caputo, #8 Certificate of Service)(Munger, Lisa) Modified on 8/2/2018 re: SEALED notation (afc).
December 26, 2017 Filing 42 MOTION for Summary Judgment Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Certificate of Service)(Munger, Lisa)
December 26, 2017 Filing 41 MEMORANDUM in Opposition re #34 MOTION to Dismiss Count I of the Counterclaim, Filed October 12, 2017 [Dkt. 27] As Untimely filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Declaration of Lisa Woods Munger, #2 Exhibit 1 - 2007-09-21 Kaiser Ltr of Agreement with Liberty Dialysis, #3 Exhibit 2 - 2016-06-17 - Kaiser Ltr to FMC Liberty re Overpayment Recovery, #4 Certificate of Service)(Munger, Lisa)
November 8, 2017 Filing 40 CERTIFICATE OF SERVICE by Liberty Dialysis - Hawaii LLC Re: Plaintiff's Initial Disclosures (Fujichaku, Rex)
November 8, 2017 Filing 39 CERTIFICATE OF SERVICE by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals [Re: Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospitals' Initial Disclosures Pursuant to FRCP 26(a)(1)] (Munger, Lisa)
November 6, 2017 Filing 38 NOTICE of Hearing on Motion #34 Plaintiff Liberty Dialysis-Hawaii LLC's Motion to Dismiss Count I of the Counterclaim, filed October 12, 2017 [Dkt. 27] as Untimely:Motion Hearing set for 1/16/2018 at 11:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (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.
November 3, 2017 Filing 37 AMENDED DOCUMENT by Liberty Dialysis - Hawaii LLC. First Amended Jury Demand to the Counterclaim, Filed October 12, 2017 [Dkt. 27]. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
November 3, 2017 Filing 36 DEMAND for Trial by Jury. (Fujichaku, Rex)
November 2, 2017 Filing 35 ANSWER to #27 Answer to Complaint, Counterclaim,, Filed October 12, 2017 by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
November 2, 2017 Filing 34 MOTION to Dismiss Count I of the Counterclaim, Filed October 12, 2017 [Dkt. 27] As Untimely Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Memorandum of Law in of Motion, #2 Certificate of Service)(Fujichaku, Rex)
October 30, 2017 Filing 33 EO: re #32 Scheduling Order, Final Pretrial Statements are due by 12/27/2018. (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
October 25, 2017 Opinion or Order Filing 32 RULE 16 SCHEDULING ORDER: Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 10/25/2017. (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
October 25, 2017 Filing 31 EP: Rule 16 Scheduling Conference held on 10/25/2017. Rule 16 Scheduling Conference Order to be issued. Jury Selection/Trial is set for 09:00 AM on 2/12/2019 in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference is set for 1/3/2019 at 09:30 AM in Chambers of Magistrate Judge Richard L. Puglisi before MAGISTRATE JUDGE RICHARD L. PUGLISI. Dispositive Motions filed by 9/12/2018. Discovery due by 12/14/2018. (Court Reporter In chambers - not reported) (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
October 18, 2017 Filing 30 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Munger, Lisa)
October 18, 2017 Filing 29 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
October 18, 2017 Filing 28 REPORT of Planning Meeting Joint Report of Meeting of the Parties. (Fujichaku, Rex)
October 12, 2017 Filing 27 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hositals' ANSWER to Complaint , COUNTERCLAIM against Liberty Dialysis - Hawaii LLC by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1Counterclaim Against LDHL, #2 Certificate of Service)(Munger, Lisa) Docket text entry (appearance) modified on 10/13/2017 (afc).
September 28, 2017 Opinion or Order Filing 26 ORDER DENYING DEFENDANTS KAISER FOUNDATION HEALTH PLAN INC. AND KAISER FOUNDATION HOSPITALS' MOTION TO DISMISS COMPLAINT, ECF NO. #9 . Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 9/28/2017. (afc)Order further denies as moot Liberty Dialysis-Hawaii LLC's Request for Judicial Notice, ECF no. #23 WRITTEN ORDER follows hearing held 9/25/2017. Minutes of hearing: ECF no. #25 . 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.
September 25, 2017 Filing 25 EP: Hearing on #9 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospital's Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction held..Ethan Davis, Assistant General Counsel for Plaintiff Liberty Dialysis - Hawaii LLC participates in the hearing by telephone.Oral arguments heard. #9 Defendants Kaiser Foundation Health Plan, Inc. and Kaiser Foundation Hospital's Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction - TAKEN UNDER ADVISEMENT.Court to issue a written order. (Court Reporter Cynthia Fazio.) (CHIEF JUDGE J. MICHAEL SEABRIGHT)(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
September 11, 2017 Filing 24 REPLY re #9 MOTION to Dismiss for Lack of Jurisdiction filed by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
September 1, 2017 Filing 23 REQUEST Judicial Notice by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit 1, #3 Certificate of Service)(Fujichaku, Rex)
September 1, 2017 Filing 22 MEMORANDUM in Opposition re #9 MOTION to Dismiss for Lack of Jurisdiction Filed July 20, 2017 filed by Liberty Dialysis - Hawaii LLC. (Attachments: #1 Declaration of Rex Y. Fujichaku, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Compliance, #5 Certificate of Service)(Fujichaku, Rex)
August 28, 2017 Opinion or Order Filing 21 ORDER GRANTING THE APPLICATIONS OF ROBERT ZAFFRANN AND LAUREN A. APPEL TO APPEAR PRO HAC VICE re #13 , #14 - Signed by MAGISTRATE JUDGE RICHARD L. PUGLISI on 8/28/2017. (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 28, 2017 Filing 20 AMENDED DOCUMENT by Liberty Dialysis - Hawaii LLC. Amendment to #14 MOTION for Pro Hac Vice Lauren A. Appel Filing fee $ 300, receipt number 0975-1917114. Amended Declaration of Counsel in Support of Motion to Appear Pro Hac Vice. (Hamada, Sasha)
August 25, 2017 Filing 19 NOTICE of Appearance by Sasha A. Hamada on behalf of Liberty Dialysis - Hawaii LLC on behalf of Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Hamada, Sasha)
August 25, 2017 Filing 18 NOTICE by Liberty Dialysis - Hawaii LLC and Withdrawal of Counsel (Tyler Y. Tsukazaki) Liberty Dialysis - Hawaii LLC. (Attachments: #1 Certificate of Service)(Fujichaku, Rex)
August 24, 2017 Filing 17 EO: The court received letters dated August 23 and 24, 2017, from Plaintiff's counsel requesting a continuance of the September 18, 2017 hearing on Defendants' Motion to Dismiss Complaint, ECF No. #9 . Counsel represents that opposing counsel does not oppose the request. For the reasons stated in the letters, the court GRANTS the request. The September 18, 2017 hearing is continued to September 25, 2017, at 9:00 a.m. Plaintiff's Opposition is due September 1, 2017, and Defendants' Reply is due September 11, 2017.(CHIEF JUDGE J. MICHAEL SEABRIGHT)(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 24, 2017 Filing 16 LETTER: Correction to August 23, 2017 letter, ECF #15 and requesting a continuance of the September 18, 2017 hearing on Kaiser Defendants' MOTION to Dismiss Complaint for Lack of Subject Matter Jurisdiction (ECF #9 ). [Letter addressed to Chief U.S. District Judge J. Michael Seabright from Rex Y. Fujichaku, Esq., on behalf of plaintiff Liberty Dialysis-Hawaii LLC] (afc)
August 23, 2017 Filing 15 LETTER request re: September 18, 2017 hearing on Kaiser Defendants' MOTION to Dismiss Complaint for Lack of Subject Matter Jurisdiction (ECF #9 ). [Letter addressed to Chief U.S. District Judge J. Michael Seabright from Rex Y. Fujichaku, Esq., on behalf of plaintiff Liberty Dialysis-Hawaii LLC] (afc)
August 23, 2017 Filing 14 MOTION for Pro Hac Vice Lauren A. Appel Filing fee $ 300, receipt number 0975-1917114.Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Counsel, #2 Proposed Order Granting Motion to Appear Pro Hac Vice)(Fujichaku, Rex)
August 23, 2017 Filing 13 MOTION for Attorney Fees MOTION for Pro Hac Vice Robert Zaffrann Filing fee $ 300, receipt number 0975-1917107.Rex Y. Fujichaku appearing for Plaintiff Liberty Dialysis - Hawaii LLC (Attachments: #1 Declaration of Counsel, #2 Proposed Order Granting Motion to Appear Pro Hac Vice)(Fujichaku, Rex) Docket text entry modified on 8/23/2017 (afc).
August 23, 2017 Filing 12 Corporate Disclosure Statement by Liberty Dialysis - Hawaii LLC identifying Corporate Parent Liberty Dialysis - Hawaii LLC for Liberty Dialysis - Hawaii LLC.. (Attachments: #1 Certificate of Service)(Fujichaku, Rex) Docket text entry modified by (afc) on 8/24/2017: Judge assignment initials "JMS-RLP" are not reflected with the case number. Please reflect Civil case number CV 17-00318 JMS-RLP on all further pleadings. NEF regenerated to the filing party.
July 21, 2017 Filing 11 EO: Rule 16 Scheduling Conference set for 9/07/2017 is CONTINUED to 10/25/2017 at 09:30AM 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
July 21, 2017 Filing 10 NOTICE of Hearing on Motion #9 Motion to Dismiss for Lack of Jurisdiction is SET for 9/18/2017 at 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (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.
July 20, 2017 Filing 9 MOTION to Dismiss for Lack of Jurisdiction Lisa W. Munger appearing for Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals (Attachments: #1 Memorandum in Support of Kaiser Motion to Dismiss Complaint for Lack of Subject Matter Jurisdiction, #2 Declaration of Haley H. Hsieh, #3 Exhibit 1 - 9-21-07 Letter Agreement, #4 Certificate of Service)(Munger, Lisa)
July 12, 2017 Filing 8 TRANSMITTAL of DOCUMENTS; Circuit Court Clerk's Certificate - received from Circuit Court of the First Circuit, State of Hawaii. Transmission of those documents filed in the State Court Civil case 16-1-2306-12 DEO. Certified copies of the record received: (Attachments: #1 Computerized Index, #2 Civil Information Sheet, #3 Complaint; Jury Demand; Summons, #4 Reassignment of Case to the Honorable Dean E. Ochiai, #5 Return & Acknowledgment of Service - Kaiser Foundations Hospitals, #6 Return & Acknowledgment of Service - Kaiser Foundation Health Plan, Inc., #7 Notice of Filing Notice of Removal) (afc)
July 10, 2017 Filing 6 EO: The Rule 16 Scheduling Conference is CONTINUED from 8/7/2017 to 9/7/2017 at 9:00 a.m. in the Chambers of MAGISTRATE JUDGE RICHARD L. PUGLISI. (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
July 7, 2017 Filing 7 Filing fee: $ 400.00, receipt number 0975-1895897 re #1 Notice of Removal. (afc)
July 7, 2017 Opinion or Order Filing 5 Order Setting Rule 16 Scheduling Conference for 09:00AM on 8/7/2017 before MAGISTRATE JUDGE RICHARD L. PUGLISI. Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/7/2017. (Attachments: #1 Corporate Disclosure Memo) (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). ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO re: CORPORATE DISCLOSURE STATEMENTS MUST BE SERVED WITH THE DOCUMENT.
July 7, 2017 Filing 4 NOTICE of Case Assignment to CHIEF U.S. DISTRICT JUDGE J. MICHAEL SEABRIGHT and U.S. MAGISTRATE JUDGE RICHARD L. PUGLISI. Please reflect Civil case number CV 17-00318 JMS-RLP on all further pleadings. (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).
July 7, 2017 Filing 3 Corporate Disclosure Statement by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Attachments: #1 Certificate of Service)(Munger, Lisa)
July 7, 2017 Filing 2 CIVIL Cover Sheet by Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals. (Munger, Lisa)
July 7, 2017 Filing 1 NOTICE OF REMOVAL by Kaiser Foundation Hospitals, Liberty Dialysis - Hawaii LLC, Kaiser Foundation Health Plan, Inc. from First Circuit Court, State of Hawaii, case number 16-1-2306-12-DEO., filed by Kaiser Foundation Hospitals, Liberty Dialysis - Hawaii LLC, Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Lisa Woods Munger, #2 Exhibit A - Complaint, #3 Exhibit B - Civil Information Sheet, #4 Exhibit C - Reassignment of Case, #5 Exhibit D - ROS [KFH - 6-20-17], #6 Exhibit E - ROS [KFHP 6-20-17], #7 Certificate of Service)(Munger, Lisa)

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Search for this case: Liberty Dialysis - Hawaii LLC v. Kaiser Foundation Health Plan, Inc. et al
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Defendant: Kaiser Foundation Hospitals
Represented By: Christine A. Terada
Represented By: Lisa W. Munger
Represented By: David J. Hoftiezer
Represented By: Gail Y. Cosgrove
Represented By: Wayne R. Wagner
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Defendant: Kaiser Foundation Health Plan, Inc.
Represented By: Christine A. Terada
Represented By: Lisa W. Munger
Represented By: David J. Hoftiezer
Represented By: Gail Y. Cosgrove
Represented By: Wayne R. Wagner
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Plaintiff: Liberty Dialysis - Hawaii LLC
Represented By: Margery S. Bronster
Represented By: Rex Y. Fujichaku
Represented By: Tyler A. Tsukazaki
Represented By: Robert Zaffrann
Represented By: Lauren A. Appel
Represented By: Adam M. Santeusanio
Represented By: Sasha A. Hamada
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Not classified by court: Keith Hunter
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