Stack v. Kaiser Foundation Health Plan, Inc. et al
| Brian Edmund Stack |
| Kaiser Foundation Health Plan, Inc. and Department of Health and Human Services |
| 1:2021cv00430 |
| November 1, 2021 |
| US District Court for the District of Hawaii |
| ROM TRADER |
| DERRICK K WATSON |
| Contract: Recovery Medicare |
| 28 U.S.C. § 7422 Appeal from Administrative Decision |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 52
Mail Returned as Undeliverable (re ECF Nos. #51 and #51 ). Mail sent to Brian Edmund Stack at 1 Keahole Place # 1306, HOnolulu, HI 96825-3420 returned undelivered. (Attachments: #1 ECF No. 50 - Order Granting Deft's Joint M/Dismiss, #2 ECF No. 51 -Clerk's Judgment) (eta)
|
|
Filing 51
CLERK'S JUDGMENT entered on 1/13/2023 in favor of Defendants, pursuant to ECF #50 ORDER GRANTING DEFENDANTS' JOINT MOTION TO DISMISS.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 1/17/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF). (jni)
|
|
Filing 50
ORDER GRANTING DEFENDANTS' JOINT MOTION TO DISMISS re #48 - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/13/2023.For the reasons stated herein, the motion to dismiss, Dkt. No. 48, is GRANTED. The Clerk is instructed to enter Judgment in favor of Defendants and then CLOSE this case.COURT'S CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants shall be served by First Class Mail to the addresses of record listed on the (NEF) on 1/17/2023. Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF).(jni)
|
|
Filing 49
EO: On 12/15/2022 Defendants' filed a Joint Motion to Dismiss with Prejudice Complaint (Dkt. #1 ). The Court elects to decide the Motion without a hearing pursuant to Local rule 7.1(c). Reply memorandum shall be due no later than December 29, 2022. (CHIEF JUDGE DERRICK K. WATSON)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 48
Joint MOTION to Dismiss With Prejudice Complaint [Dkt. 1], filed on November 1, 2021 Dianne W. Brookins appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Certificate of Service)(Brookins, Dianne)
|
|
Filing 47
EP: TELEPHONE CONFERENCE held.Discussion had. Federal Rule of Civil Procedure ("FRCP") 25(a)(1) provides:If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by thedecedent's successor or representative. If the motion if not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.FRCP 25(a)(1) (Emphasis added).Court confirms that ECF #41 Statement of Notice of Death of Plaintiff Brian Edmund Stack was served on the personal representative of deceased Plaintiff Brian Edmund Stack on 8/2/2022. ECF No. 46. The Court finds that such service triggered the 90-day time period within which Plaintiff's successor or representative was permitted to file a motion for substitution. To date, however, no such motion for substitution has been filed and the deadline to do so expired on 11/1/2022. Accordingly, it appears Defendants have demonstrated compliance with FRCP 25(a) and this case must be dismissed.Court directs Defendants to file a motion to dismiss this action. (ZOOM / 8:45 - 8:47 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 46
ACKNOWLEDGEMENT AND ACCEPTANCE OF SERVICE Executed as to #41 Suggestion of Death Acknowledgement filed by Kaiser Foundation Health Plan, Inc.. (Brookins, Dianne) Modified on 8/3/2022 (eta).
|
|
Filing 45
EP: TELEPHONE CONFERENCE held.As previously noted, it is believed that Plaintiff pro se, Brian Edward Stack, passed away on 2/10/2022. ECF Nos. 41 & 43. It is clear the [ECF #40 ] Order Granting Motions to Dismiss with Partial Leave to Amend ("Order") filed 3/21/2022, providing for automatic dismissal if Plaintiff failed to file an amended complaint by 4/11/2022 was not filed prior to Plaintiff's death. Ms. Brookins reports probate recently opened and a motion for appointment of Plaintiff's personal representative filed in state court. Ms. Brookins to follow up and serve copy of [ECF #41 ] Statement of Notice of Death of Plaintiff Brian Edmund Stack ("Notice of Death"), [ECF [30 & 33]] prior motions to dismiss and the [ECF #40 ] Order upon the personal representative, if one appointed.If the personal representative fails to file a motion for substitution of party within the 90-day time period after service of the [ECF #41 ] Notice of Death, then the Court will entertain dismissal on an appropriate motion by defendants. Fed. R. Civ. P. 25(a)(1). Court sets Telephone Conference for 11/30/2022 at 8:45 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035.(ATT / 8:29 - 8:42 a.m.) (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 44
NOTICE by Kaiser Foundation Health Plan, Inc. Notice of Disaffiliation and Withdrawal of Daniel J. Cheng as Counsel for Defendant Kaiser Foundation Health Plan, Inc.. (Cheng, Daniel)
|
|
Filing 43
EP: TELEPHONIC STATUS CONFERENCE held.Discussion had regarding [ECF #41 ] Defendant Kaiser Foundation Health Plan, Inc.'s Statement of Notice of Death of Plaintiff Brian Edmund Stack ("Suggestion of Death") filed on 4/26/2022. It is believed Plaintiff passed away on 2/10/2022. ECF No. #41 . The Court advised counsel of the Ninth Circuit decision in Gilmore v. Lockard, 936 F.3d 857 (9th Cir. 2019) which requires that before the Court can proceed with dismissal of this action pursuant to FRCP 25(a), "the suggesting party must serve other parties and nonparty successors or representatives of the deceased with a suggestion of death in the same manner as required for service of [a] motion to substitute." Id. at 865.As an independent basis for dismissal, Ms. Brookins notes Plaintiff failed to file an amended complaint by the 4/11/2022 deadline as required by [ECF #40 ] Order Granting Motions to Dismiss with Partial Leave to Amend (Order) filed on 3/21/2022. Ms. Brookins asserts that pursuant to the Order, automatic dismissal is required. In lieu of dismissal requested pursuant to FRCP 25(a), the Court will review whether preparation of findings and recommendations to dismiss may be appropriate. Court sets a Telephone Conference for 7/22/2022 at 8:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-47352. Enter Access Code 2070326. (ATT / 9:15 - 9:25 a.m.) (MAGISTRATE JUDGE ROM TRADER)(afe)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 42
EO: The Telephonic Rule 16 Scheduling Conference set for 5/3/2022 at 09:15 AM before MAGISTRATE JUDGE ROM TRADER is CONVERTED to a Telephonic Status Conference on the same date and time.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 41
SUGGESTION OF DEATH Upon the Record as to Brian Edmund Stack by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Declaration of Dianne Winter Brookins, #2 Exhibit A, #3 Certificate of Service)(Brookins, Dianne)
|
|
Filing 40
ORDER GRANTING MOTIONS TO DISMISS WITH PARTIAL LEAVE TO AMEND re #30 , #33 - Signed by JUDGE DERRICK K. WATSON on 3/21/2022. To the extent set forth herein, the motions to dismiss, Dkt. Nos. 30 & 33, are GRANTED, with partial leave to amend. Stack may have until April 11, 2022 to file an amended complaint. The Court cautions Stack that failure to file an amended complaint by April 11, 2022 in conformance with the guidance provided herein may result in the automatic dismissal of this action. The Clerk is directed to mail Stack a copy of form "Pro Se 1" "Complaint for a Civil Case." (eta)COURT'S CERTIFICATE OF SERVICE - Brian Edmund Stack has been served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF) on March 21, 2022. A copy of form "Pro Se 1" Complaint for a Civil Case" shall be included in the mailing to Plaintiff. Registered Participants of CM/ECF received the document electronically to the email addresses listed on the Notice of Electronic Filing (NEF).
|
|
Filing 39
EO: Pursuant to Local Rule 7.1(c), the Court elects to decide the motions to dismiss, Dkt. Nos. 30, 33, without a hearing. As a result, the hearing on March 17, 2022 (Dkt. No. 36) is vacated and the motions to dismiss are taken under advisement. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 38
REPLY in Support of #30 MOTION to Dismiss filed by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Supplemental Declaration of Dianne Winter Brookins, #2 Exhibit C, #3 Certificate of Service)(Brookins, Dianne) Modified on 3/7/2022 (eta).
|
|
Filing 37
EO: Due to a conflict in the Court's schedule, the Telephonic Rule 16 Scheduling Conference set for 4/6/2022 at 09:00 AM is CONTINUED to 5/3/2022 at 09:15 AM before MAGISTRATE JUDGE ROM TRADER. Scheduling Conference statements must be filed by 4/26/2022.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 36
EO: In light of correspondence from the parties, Dkt. No. 35, the Court enters the following revised briefing and hearing schedule for the defendants' motions to dismiss: plaintiff's responses shall be due on or before February 25, 2022; defendants' replies, if any, shall be due on or before March 4, 2022. The Court schedules a hearing on the motions to dismiss for March 17, 2022 at 10:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. IT IS SO ORDERED. (JUDGE DERRICK K. WATSON)(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 35
Email from Dana A. Barbata, Assistant U.S. Attorney Re: Plaintiff's request for a two week extension to file oppositions to Kaiser and DHHS' Motions to Dismiss, dated February 1, 2022. (eta)
|
|
Filing 34
NOTICE of Hearing on #30 Defendant Kaiser Foundation Health Plan, Inc.'s Motion to Dismiss Complaint [Dkt. 1], Filed on November 1, 2021 and #33 Defendant Department of Health and Human Services' Motion to Dismiss Complaint [ECF No. 1] is set for March 4, 2022 at 10:00 a.m. in Aha Kupono before JUDGE DERRICK K. WATSON. Briefing shall be in accordance with Local Rule 7.2 based upon the hearing date. IT IS SO ORDERED.(tyk)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 33
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for failure to State a Claim , MOTION to Dismiss [ECF No. 1]; Certificate of Service Dana A. Barbata appearing for Defendant Department of Health and Human Services (Attachments: #1 Memorandum In Support of Motion to Dismiss [ECF No. 1])(Barbata, Dana)
|
|
Filing 32
NOTICE of Appearance by Daniel Jonathan Cheng on behalf of Kaiser Foundation Health Plan, Inc. on behalf of Kaiser Foundation Health Plan, Inc.. (Cheng, Daniel)
|
|
Filing 31
Corporate Disclosure Statement by Kaiser Foundation Health Plan, Inc.. (Brookins, Dianne)
|
|
Filing 30
MOTION to Dismiss Dianne W. Brookins appearing for Defendant Kaiser Foundation Health Plan, Inc. (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Dianne Winter Brookins, #3 Exhibit A - Medicare Managed Care chart, #4 Exhibit B - Parts C & D Enrollee Grievances, Organizations Coverage Determ (EXCERPTS), #5 Certificate of Word Count, #6 Certificate of Service)(Brookins, Dianne)
|
|
Filing 29
EO: Per parties' request, the Telephonic Rule 16 Scheduling Conference set for 2/2/2022 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 4/6/2022 at 09:00AM. Scheduling Conference Statements must be filed by 3/30/2022. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 28
NOTICE of Appearance by Dana A. Barbata on behalf of Department of Health and Human Services on behalf of Department of Health and Human Services. (Barbata, Dana)
|
|
Filing 27
EO: On 11/26/21, Plaintiff Brian Edmund Stack filed a [ECF #26 ] Letter Dated: November 26, 2021. Because Plaintiff is a pro se litigant, the Court liberally construes the Letter as a motion for reconsideration of this Court's [ECF 18 ] 11/18/21 Entering Order ("Letter Requesting Reconsideration"). The [ECF 18 ] 11/18/21 Entering Order is a denial of Plaintiff's [ECF #15 ] Motion to Alter and Ammend [sic] Motion for Legal Representation; [ECF #16 ] Motion to Alter and Ammend [sic] for Urgent Medical Care; and [ECF #17 ] Motion to Alter and Ammend [sic] Motion for Kaiser Permanente Medicare Submissions (collectively "Motions"). However, these Motions were previously liberally construed as motions for reconsideration and were denied in the [ECF 18 ] 11/18/21 Entering Order. The rules do not permit a reconsideration of this Court's previous order denying reconsideration; Plaintiff is not permitted to indefinitely seek reconsideration of Court orders. Accordingly, Plaintiff's attempt to relitigate reconsideration is improper and thus, the Letter Requesting Reconsideration is DENIED. To the extent that Plaintiff's Letter was also intended to update the Court as to Plaintiff's ongoing efforts to litigate this action, the Letter constitutes ex parte communication which is expressly prohibited. "Self-represented litigants must not informally communicate with the presiding judge or chambers staff by letter, telephone or electronic means." LR81.1(f). Plaintiff is reminded that failure to follow the applicable rules may result in sanctions, including but not limited to dismissal with prejudice. LR81.1(a). (MAGISTRATE JUDGE ROM TRADER)(tl)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 26
LETTER (addressed to the Honorable Rom Trader) Dated: November 26, 2021 re 18 - filed by Brian Edmund Stack. (eta)
|
|
Filing 25
NOTICE of Medical Illness - by Brian Edmund Stack. (Attachments: #1 Exhibit 1 (RESTRICTED to Case Participants and the Court), #2 Exhibit 2)(eta)
|
|
Filing 24
WAIVER OF SERVICE Returned Executed by Kaiser Foundation Health Plan, Inc.. Kaiser Foundation Health Plan, Inc. waiver sent on 11/17/2021, answer due 1/18/2022. (eta)
|
|
Filing 23
SUMMONS Returned Executed by Brian Edmund Stack. Kaiser Foundation Health Plan, Inc. served by certified mail on 11/3/2021, RRR 11/6/2021. (eta)
|
|
Filing 22
SUMMONS Returned Executed by Brian Edmund Stack. Attorney General of the United States served by certified mail on 11/3/2021, RRR 11/12/2021. (eta)
|
|
Filing 21
SUMMONS Returned Executed by Brian Edmund Stack. U.S. Attorney's Office of Hawaii served by certified mail on 11/3/2021, RRR 11/5/2021. (eta)
|
|
Filing 20
SUMMONS Returned Executed by Brian Edmund Stack. Department of Health and Human Services served by certified mail on 11/3/2021, RRR 11/10/2021. (eta) Modified on 11/27/2021 (eta).
|
|
Filing 19
EO: Per Defendant's request, the Telephonic Rule 16 Scheduling Conference set for 12/27/2021 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 2/2/2022 at 09:00AM. Scheduling Conference Statements must be filed by 1/26/2022.Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:1. Dial 1-888-363-4735.2. Access Code 2070326. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 18
EO: On 11/8/21, Plaintiff filed the following documents that are currently before the Court:1. [ECF #15 ] Motion to Alter and Ammend [sic] Motion for Legal Representation ("Motion for Reconsideration of Order Denying Motion to Appoint Counsel");2. [ECF #16 ] Motion to Alter and Ammend [sic] Motion for Urgent Medical Care ("Motion for Reconsideration of Order Denying Motion for Urgent Medical Care"); and 3. [ECF #17 ] Motion to Alter and Ammend [sic] Motion for Kaiser Permanente Medicare Submissions ("Motion for Reconsideration of Order Denying Motion Compelling Discovery").The rules do not permit Plaintiff to alter or amend motions once they have been decided. In each of the above documents, Plaintiff seeks to relitigate [ECF 14 ] motions that have been denied on 11/3/21 by altering or amending the motions and refiling them. Even though the Court may deny these motions based on this reason alone, the Court shall liberally construe the motions as requests for reconsideration of the motions below and as indicated in the references after each [ECF #15 , #16 & #17 ] motion listed above:1. [ECF #11 ] Notice of Motion for Legal Representation ("Motion to Appoint Counsel");2. [ECF #12 ] Notice of Motion for Urgent Medical Care ("Motion for Urgent Medical Care"); and 3. [ECF #13 ] Notice of Motion for Kaiser Permanente Medicare Submissions ("Motion Compelling Discovery").Motions for reconsideration of interlocutory orders are governed by LR60.1 and must be filed and served within 14 days after the Court's order is issued, and may only be brought under the following grounds:(a) Discovery of new material facts not previously available; (b) Intervening change in law; and/or (c) Manifest error of law or fact.LR60.1(a)-(c). "Mere disagreement with a previous order is an insufficient basis for reconsideration." Wereb v. Maui Cty., 830 F. Supp. 2d 1026, 1031 (D. Haw. 2011) (citation omitted). "Furthermore, reconsideration may not be based on evidence and legal arguments that a movant could have presented at the time of the challenged decision." Id. (citing Kona Enter. Inc. v. Estate of Bishop, 229 F.3d 877, 890) (9th Cir. 2000) (citation omitted). The [ECF #15 ] Motion for Reconsideration of Order Denying Motion to Appoint Counsel is DENIED. In this Motion, Plaintiff again requests the appointment of counsel for others when this case is not a class action suit. Plaintiff does not provide any argument or legal authority to show that any of the grounds for reconsideration apply in this case. Instead, Plaintiff explains that he is unable to cite to legal authority due to his apprehension of using public law libraries due to Covid-19. However, Plaintiff has brought this litigation and is required to "proceed with diligence to take all steps necessary to bring [this] action to readiness for trial." LR16.1. Thus, Plaintiff's arguments do not merit reconsideration. The [ECF #16 ] Motion for Reconsideration of Order Denying Motion for Urgent Medical Care is DENIED. In this Motion, Plaintiff argues that the Court made a factual error when it stated, [ECF 14 ] "[t]o the extent the Motion for Urgent Medical Care seeks an order directing Defendants to provide any care, urgent or otherwise, such a request is wholly premature and unsupported at this stage of the proceedings." Plaintiff argues that [ECF #16 ] "in his motion [he] never asks the Defendants for medical care." However, in the Motion for Urgent Medical Care, Plaintiff states: [ECF #12 ] "Plaintiff asks for Kaiser Foundation Health Plan, Inc. and Medicare's help in finding and especially negotiating a fair price, which is nearly impossible for an insured individual; but doesn't hold out much hope." Plaintiff's request in the Motion for Urgent Medical Care is far from clear, but was construed as being a request for care particularly since Plaintiff requests the negotiation of a fair price. However, even if it were correct that the Court made a factual error and Plaintiff is not seeking medical care from the defendants, such error does not constitute a manifest error of law or fact. Plaintiff's Motion for Reconsideration of Order Denying Motion for Urgent Medical Care is wholly inappropriate given that Plaintiff has not yet served the Defendants.The [ECF #17 ] Motion for Reconsideration of Order Denying Motion Compelling Discovery is DENIED. In this Motion, Plaintiff again argues that he seeks discovery from defendants, but still has not served them. Any party, including Plaintiff, may not seek discovery before the parties have conferred as required by Rule 26(f). See Fed. R. Civ. P. 26(d)(1). Plaintiff has not shown that the parties have conferred as required by this rule. Thus far, Plaintiff has not complied with many of the applicable rules and has not followed the Court's [ECF 14 ] 11/3/21 Entering Order. Plaintiff is cautioned that all parties are obligated to follow the applicable rules, statutes, and court orders. See LR81.1(a). Failure to do so may result in sanctions, including but not limited to a fine or dismissal of this case with prejudice. See id.; LR11.1. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 17
MOTION to Alter and Ammend Motion for Kaiser Permanente Medicare Submissions re: #13 - filed by Plaintiff Brian Edmund Stack (jo)
|
|
Filing 16
MOTION to Alter and Ammend Motion For Urgent Medical Care re: #12 - filed by Plaintiff Brian Edmund Stack (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (jo)
|
|
Filing 15
MOTION to Alter and Ammend Motion For Legal Representation re: #11 - filed by Plaintiff Brian Edmund Stack (jo)
|
|
Filing 14
EO: On 11/1/21, Plaintiff pro se Brian Edmund Stack ("Plaintiff") initiated this action with the filing of the following documents:1. [ECF #1 ] Complaint for a Civil Case ("Complaint");2. [ECF #11 ] Notice of Motion for Legal Representation ("Motion to Appoint Counsel");3. [ECF #12 ] Notice of Motion for Urgent Medical Care; and4. [ECF #13 ] Notice of Motion for Kaiser Permanente Medicare Submissions ("Motion Compelling Discovery").Neither the Complaint or summons have been served and no defendant has appeared. Despite this, Plaintiff filed [ECF #11 , #12 , & #13 ] three documents which the Court construes as separate motions (collectively "Motions") despite each being entitled a "notice of motion." The Court elects to decide these Motions without a hearing. LR7.1(c). As explained below, the Court DENIES Plaintiff's Motions. The [ECF #11 ] Motion to Appoint Counsel is DENIED. Plaintiff requests the Court appoint legal counsel to represent 22 million other American Medicare Advantage members whom he claims have been "stripped and victimized of their right to endoscopic spinal surgery by the Stack Exception[.]" ECF No. 11 at PageID #: 234. Plaintiff is proceeding pro se in this action and specifically acknowledges he "can only represent himself." Id. This is not a class action lawsuit. Nor can a self-represented plaintiff request a Court appoint counsel for anyone other than himself. Finally, Plaintiff offers no legal authority to support his request.The [ECF #12 ] Motion for Urgent Medical Care is DENIED. Plaintiff contends he "is desperate for endoscopic spinal surgery[.]" ECF No. 12 at PageID #: 237. To the extent the Motion for Urgent Medical Care seeks an order directing Defendants to provide any care, urgent or otherwise, such a request is wholly premature and unsupported at this stage of the proceedings. Plaintiff has not served the Complaint. No defendant has appeared. The Court has not decided any of Plaintiff's claims nor granted judgment in his favor. The [ECF #13 ] Motion Compelling Discovery is DENIED. Plaintiff states that he "has written on numerous occasions requesting Kaiser Foundation HP, Inc.'s Medical Submission, and none have been forthcoming. Would the court please order Kaiser Foundation HP, Inc. to turn over to Plaintiff just their Medicare Submissions in this case." [ECF #13 ]. Again, the Complaint remains unserved and no defendant, including "Kaiser Foundation HP, Inc." has appeared. Plaintiff is not authorized to yet engage in discovery of any kind at this juncture. "A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)((1)(B), or when authorized by these rules, by stipulation, or by court order." Fed. R. Civ. P. 26(d)(1). Further, the Court has yet to convene the Rule 16 Scheduling Conference and set appropriate discovery deadlines. Plaintiff is reminded of his responsibility as a pro se litigant to comply with all court rules and orders. "Pro se litigants shall abide by all local, federal, and other applicable rules and/or statutes. Sanctions, including but not limited to entry of default judgment or dismissal with prejudice, may be imposed for failure to comply with the Local Rules." LR81.1(a). (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
|
|
Filing 13
Notice of MOTION for Kaiser Permanente Medicare Submissions - by Plaintiff Brian Edmund Stack (eta)
|
|
Filing 12
Notice of MOTION for Urgent Medical Care - by Plaintiff Brian Edmund Stack (Attachments: #1 Exhibit 1)(eta)
|
|
Filing 11
Notice of MOTION for Legal Representation - by Plaintiff Brian Edmund Stack (Attachments: #1 Exhibit 1)(eta)
|
|
Filing 10
CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure. (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons)(eta)
|
|
Filing 9
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 12/27/2021 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 11/1/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures)(eta)
|
|
Filing 8
Summons Issued as to U.S. Attorney's Office of Hawaii. (eta)
|
|
Filing 7
Summons Issued as to Attorney General of the United States. (eta)
|
|
Filing 6
Summons Issued as to Department of Health and Human Services. (eta)
|
|
Filing 5
Summons Issued as to Kaiser Foundation Health Plan, Inc. (Main Office). (eta)
|
|
Filing 4
Summons Issued as to Kaiser Foundation Health Plan, Inc. (Hawaii Region). (eta)
|
|
Filing 3
Filing fee: $ 402, receipt number HI031550 re #1 Complaint. (eta)
|
|
Filing 2
CIVIL Cover Sheet - by Brian Edmund Stack. (eta)
|
|
Filing 1
COMPLAINT for a Civil Case; Jury Trial Demand against All Defendants - filed by Brian Edmund Stack. (Attachments: #1 Documents Suporting Complaint, #2 Document 1, #3 Document 2, #4 Document 3, #5 Document 4, #6 Document 16, #7 Document 17, #8 Document 18, #9 Document 19, #10 Document 20, #11 Document 21, #12 Document 22, #13 Document 23, #14 Document 24, #15 Document 26, #16 Document 27, #17 Document 28, #18 Document 24, #19 Document 25, #20 Document 26, #21 Document 29, #22 Document 30, #23 Document 31, #24 Document 32, #25 Document 33, #26 Document 34, #27 Document 35, #28 Document 37, #29 Document 38, #30 Document 39, #31 Document 40, #32 Document 41, #33 Document 42, #34 Document 43, #35 Document 44, #36 Document 45, #37 Document 46, #38 Document 47, #39 Document 48, #40 Document 49, #41 Document 50, #42 Document 51)(eta)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Hawaii District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
