Star Dialysis, LLC et al v. WinCo Foods Employee Benefit Plan et al
| Routt Dialysis, LLC, Panther Dialysis, LLC, Star Dialysis, LLC, DaVita, Inc. and Ordust Dialysis, LLC |
| WinCo Foods Employee Benefit Plan, WinCo Foods, LLC and Winco Holdings, Inc. |
| 1:2018cv00482 |
| October 30, 2018 |
| US District Court for the District of Idaho |
| Edward J. Lodge |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 |
| None |
Docket Report
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This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE of Appearance by Caitlin D Kling on behalf of All Defendants (Kling, Caitlin) |
Filing 23
DOCKET ENTRY ORDER approving the parties' Stipulation (Dkt. 22) to extend the deadline to submit joint litigation and discovery plans from December 26, 2018 to January 31, 2019. For the reasons set forth in the parties' Stipulation, specifically including the pending motion to dismiss, the Court finds good cause for the request. IT IS SO ORDERED. Signed by Judge Edward J. Lodge. (kld)
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| Set Deadlines/Hearings: Joint litigation plan and discovery plans due by 1/31/2019. (Per docket entry order, docket #23).(st) |
| Filing 22 STIPULATION to Extend the Deadline to Submit Joint Litigation and Discovery Plans by WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc.. (Anderson, Tyler) |
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Filing 21
DOCKET ENTRY ORDER granting #19 Motion for Leave to File Excess Pages. Defendants request an additional three pages of briefing to address what they describe as complex legal issues raised in Plaintiff's ERISA complaint. The Court finds the relatively limited request reasonable under the circumstances. Signed by Judge Edward J. Lodge.(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kld)
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| Filing 20 Motion to Dismiss for Failure to State a Claim Tyler J Anderson appearing for Defendants WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc.. Responses due by 12/28/2018 (Attachments: #1 Memorandum in Support, #2 Declaration of Nikki Hyer, #3 Exhibit A to Declaration)(Anderson, Tyler) |
| Filing 19 MOTION for Leave to File Excess Pages Tyler J Anderson appearing for Defendants WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc.. Responses due by 12/28/2018 (Attachments: #1 Memorandum in Support, #2 Affidavit)(Anderson, Tyler) |
| Filing 18 NOTICE of Appearance by Tyler J Anderson on behalf of WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc. (Anderson, Tyler) |
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Filing 17
DOCKET ENTRY ORDER granting the parties' Joint Stipulation for Extension of Time (Dkt. 16). For good cause shown, the deadline for Defendants to file an answer or other response to the Complaint (Dkt. 1) is extended to December 7, 2018. Further, if Defendants file a motion to dismiss, the deadline for Plaintiffs to respond to that motion shall be extended by two weeks. Signed by Judge Edward J. Lodge. (kld)
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| Filing 16 STIPULATION (Joint) for Extension of Time by WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc.. (Anderson, Tyler) |
| Filing 15 SUMMONS Returned Executed by Routt Dialysis, LLC, Ordust Dialysis, LLC, Panther Dialysis, LLC, Star Dialysis, LLC, DaVita, Inc.. WinCo Foods Employee Benefit Plan served on 11/2/2018, answer due 11/23/2018. (Gustavsen, Jay) |
| Filing 14 SUMMONS Returned Executed by Routt Dialysis, LLC, Ordust Dialysis, LLC, Panther Dialysis, LLC, Star Dialysis, LLC, DaVita, Inc.. Winco Holdings, Inc. served on 11/2/2018, answer due 11/23/2018. (Gustavsen, Jay) |
| Filing 13 SUMMONS Returned Executed by Routt Dialysis, LLC, Ordust Dialysis, LLC, Panther Dialysis, LLC, Star Dialysis, LLC, DaVita, Inc.. WinCo Foods, LLC served on 11/2/2018, answer due 11/23/2018. (Gustavsen, Jay) |
| CORRECTIVE ENTRY - The entry docket number #11 Certificate of Service, #10 Certificate of Service, #12 Certificate of Service, filed by Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC, Ordust Dialysis, LLC, DaVita, Inc. were filed incorrectly in this case as the wrong event was used. The filing party shall re-submit their filings using the correct event of "Summons Returned Executed" located under Service of Process. Using this event correctly prompts the filing party to enter the date of service so ECF can set the answer deadline.(cjs) |
| Filing 12 CERTIFICATE OF SERVICE by DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC re #1 Complaint, #7 Summons Issued (Service upon WinCo Foods Employee Benefit Plan; proof filed per F.R.C.P. 4(l)) (Gustavsen, Jay) |
| Filing 11 CERTIFICATE OF SERVICE by DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC re #1 Complaint, #7 Summons Issued (Service upon WinCo Foods Holdings, Inc.; proof filed per F.R.C.P. 4(l)) (Gustavsen, Jay) |
| Filing 10 CERTIFICATE OF SERVICE by DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC re #1 Complaint, #7 Summons Issued (Service upon WinCo Foods, LLC; proof filed per F.R.C.P. 4(l)) (Gustavsen, Jay) |
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Filing 9
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - Case Management deadline set for 12/26/2018 for the joint Litigation Plan and Discovery Plan. Telephonic Scheduling Conference set for 1/4/2019 10:00 AM in Boise Chambers before Judge Edward J. Lodge. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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| Filing 8 DOCKET ENTRY ORDER approving #3 Motion for Pro Hac Vice Appearance of attorney Peter K Stris for DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC; approving #4 Motion for Pro Hac Vice Appearance of attorney Brendan S Maher for DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC; approving #5 Motion for Pro Hac Vice Appearance of attorney Rachana A Pathak for DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC; approving #6 Motion for Pro Hac Vice Appearance of attorney John Stokes for DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs) |
| Filing 7 Summons Issued as to WinCo Foods Employee Benefit Plan, WinCo Foods, LLC, Winco Holdings, Inc. (Print attached Summons for service.) (cjs) |
| Filing 6 MOTION FOR PRO HAC VICE APPEARANCE by John Stokes. ( Filing fee $ 250 receipt number 0976-1805446.)Jay M Gustavsen appearing for Plaintiffs DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC. Responses due by 11/20/2018 (Gustavsen, Jay) |
| Filing 5 MOTION FOR PRO HAC VICE APPEARANCE by Rachana A. Pathak. ( Filing fee $ 250 receipt number 0976-1805445.)Jay M Gustavsen appearing for Plaintiffs DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC. Responses due by 11/20/2018 (Gustavsen, Jay) |
| Filing 4 MOTION FOR PRO HAC VICE APPEARANCE by Brendan S. Maher. ( Filing fee $ 250 receipt number 0976-1805444.)Jay M Gustavsen appearing for Plaintiffs DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC. Responses due by 11/20/2018 (Gustavsen, Jay) |
| Filing 3 MOTION FOR PRO HAC VICE APPEARANCE by Peter K. Stris. ( Filing fee $ 250 receipt number 0976-1805443.)Jay M Gustavsen appearing for Plaintiffs DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC. Responses due by 11/20/2018 (Gustavsen, Jay) |
| Filing 2 Corporate Disclosure Statement by DaVita, Inc., Ordust Dialysis, LLC, Panther Dialysis, LLC, Routt Dialysis, LLC, Star Dialysis, LLC identifying Corporate Parent Renal Care Consultants, PC, Corporate Parent Total Renal Care, Inc. for Star Dialysis, LLC; Corporate Parent Northern Sierra Dialysis Center, LLC, Corporate Parent Renal Treatment Centers West, Inc., Corporate Parent Renal Treatment Centers, Inc. for Routt Dialysis, LLC; Corporate Parent Total Renal Care, Inc., Corporate Parent West Herndon Home Dialysis Investment Group, LLC for Ordust Dialysis, LLC; Corporate Parent Total Renal Care, Inc., Corporate Parent Menifee Home Dialysis, LLC for Panther Dialysis, LLC.. (Gustavsen, Jay) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0976-1805412.), filed by All Plaintiffs. (Attachments: #1 Summons, #2 Cover Sheet)(Gustavsen, Jay) |
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